Integrity Score 130
No Records Found
No Records Found
Article 12 of the Indian Constitution defines what is considered as the "State" for the purposes of the Constitution. It is a crucial provision that determines the scope and applicability of fundamental rights granted to individuals.
Article 12 states the following:
"Definition: 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."
In simpler terms, the term "State" mentioned in the Constitution refers to not only the government and parliament of India but also includes the government and legislature of each state in India. Additionally, it encompasses all local authorities and other entities operating within the territory of India or under the control of the Indian government.
The significance of Article 12 lies in the fact that fundamental rights guaranteed by the Indian Constitution, as mentioned in Part III, are applicable against the State. These rights, such as the right to equality, right to freedom of speech and expression, right to protection of life and personal liberty, etc., can be enforced against any action or omission by entities falling under the definition of "State" under Article 12.
It is important to note that subsequent judicial interpretations have expanded the scope of the term "State" to include certain private bodies or corporations that perform functions of a public nature or are significantly entwined with governmental authorities. This enables individuals to seek protection of their fundamental rights even in cases involving these entities.
Overall, Article 12 of the Indian Constitution sets the stage for the application and enforcement of fundamental rights by clarifying the entities considered as the "State" under the Constitution.
Source: ChatGPT