Article 12 of Indian Constitution

1. What is Article 12 called?

Article 12 defines the term State in Part III of the Constitution of India. It says that the term State includes the Government and parliament of India, the Government and legislature of each state, all local and other authorities within the territory of India etc.

2. What is Article 12 of the Constitution of India?

Definition of Article 12 of the Constitution of India : In this Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

3. What is the Article 12 case law?

The cases raised in relation with the term “State”, which organizations will be included in definition of “State”.

For Local authorities :

• Mohammad Yasin vs Town Area Committee
• Ajit Singh vs State of Punjab

For Other authorities :

• University of Madras vs Shanta Bai
• Ujjammabai vs State of Uttar Pradesh
• Rajasthan Electricity Board vs Mohan Lal

For instrumentality :

• Sukhdev Singh vs Bhagatram

4. Why is Article 12 included in fundamental rights?

Part III of Indian Constitution include all Fundamental rights. Unlike the other legal rights which are created by the state that confers the right upon the individuals against one another, however the fundamental rights can be claimed only against the state.

5. Does LIC come under Article 12?

Yes, LIC come under definition of state. The bodies like State Electricity Board, LIC, ONGC and IFC also come under other authorities (Article 12).

6. Is Parliament a State under Article 12?

Yes, Parliament is a State under Article 12. The definition of Article 12 clearly mention that Bodies like Parliament, Legislature, executive and Judiciary are State under Article 12.

7. What was the Article 12 of the Constituent Assembly debate?

Members of the Constituent Assembly were concerned that the wording of the Article was too vague and some moved amendments. The Constituent Assembly adopted the Article with just one minor amendment on 25 November 1948.

Article 12 of the Indian Constitution defines the term “State” mentioned in the constitution. It includes the Central Government, the Parliament, the State Government, the State Legislature, and some other local authorities which will be considered “States” under the Constitution. In this article, we are going to discuss Article 12 of the Constitution, the definition of State under Article 12, and some major cases raised against Article 12 of the Indian Constitution.