Importance of Article 12
Article 12 is an important provision, as it defines the term “state”. It lays down the entities that come under its purview. It defines what could be and could not be considered agencies and intrumentalities of the government. It provides a clear idea on who can be held accountable for violating fundamental rights given to the citizens of India by the Constitution.
- Article 12 provides a foundational definition of “State” in the Indian Constitution.
- Serves as the gateway for the application of fundamental rights to diverse entities.
- Extends constitutional accountability to private entities engaged in public functions.
- Introduces the crucial “public function” test for determining state-like attributes.
- Acts as a safeguard against the State evading obligations through private entity delegation.
- Contributes to balancing individual rights with the evolving role of private entities in public services.
Article 12 of Indian Constitution
Article 12 of the Indian Constitution is a significant provision of the Indian Constitution that defines “State”. According to Article 12, the “State” includes the Central Government, State Government, Statutory and Non-Statutory Authorities, Parliament, and State Legislatures. The Indian Constitution uses “state” 511 times and “states” 342 times, with a uniform definition provided in Article 12.
In this Article, We have discussed Article 12 of the Indian Constitution in Detail.
Let’s dive right in.
Article 12 of Indian Constitution
Table of Content
- Article 12 of the Indian Constitution
- Article 12 of Indian Constitution Purpose and Need
- Important Judgments Under Article 12
- Importance Of Sanjaya Bahel v. Union of India and Others Case
- Why Article 12 Is Not Considered As a Fundamental Right?
- Importance of Article 12
- Article 12 of Indian Constitution: Important Facts
- FAQs on Article 12 of Indian Constitution