India's Constitution is a living framework that directs national governance, not just a set of laws. Determining the boundaries of state power and how it interacts with citizens' fundamental rights is largely dependent on Article 12. This article lays out the framework for comprehending what or who the "State" is for the purposes of the Constitution's Part IV (Directive Principles of State Policy) and Part III (Fundamental Rights).
Understanding 'The State’
Article 12 defines 'the State' as the Union Government and Parliament, the Government and Legislature of each State, and all other or local authorities in India or under the jurisdiction of the Union Government of India2. This broad definition makes sure that many different organisations are responsible for protecting the fundamental rights that each and every citizen is entitled to.
Judicial Interpretations
In interpreting Article 12, the judiciary has been instrumental in extending its reach to encompass a range of authorities carrying out functions related to government. 'Other authorities' under Article 12 has been defined by landmark cases such as Rajasthan State Electricity Board v. Mohanlal and Ramana Dayaram Shetty v. The International Airport Authority.
The Wide-Reaching
Judicial scrutiny of the
term 'other authorities' has been extensive. In order to determine an entity's
status as a "State" under Article 12, the Supreme Court has
established criteria that include whether the entity is carrying out
governmental functions, whether it has a monopoly granted by the state, or
whether it receives significant funding from the government.
Implications for Fundamental Rights
The meaning of "State" is important because it establishes who citizens can hold accountable for alleged violations of their fundamental rights. If an organisation is covered by Article 12, it is obligated to uphold fundamental rights and is subject to legal challenges for any infringement
Conclusion
Article 12 ensures that a wide range of entities are held accountable for protecting fundamental rights, which is a testament to the foresight of the Constitution's framers. The interpretation of 'State' under Article 12 is subject to ongoing adaptation in light of India's evolving constitutional law, which is inherently dynamic.
Dear Madhur,
ReplyDeleteYour blog post provides a comprehensive understanding of the scope of “State” under Article 12 of India’s Constitution. It’s fascinating how this seemingly straightforward term encompasses a wide range of entities beyond just the Union and State governments. The judiciary’s role in interpreting “other authorities” has been pivotal, ensuring that fundamental rights are upheld. Indeed, the dynamic nature of constitutional law necessitates ongoing adaptation. Well-articulated!
“Your exploration of the term ‘State’ under Article 12 is enlightening. The judiciary’s role in interpreting this definition ensures that a wide range of entities are held accountable for safeguarding fundamental rights. As India’s constitutional law evolves, so does our understanding of privacy and citizen empowerment.”
ReplyDelete“The dynamic nature of constitutional law necessitates ongoing adaptation. Article 12’s foresight ensures that diverse entities contribute to protecting fundamental rights.”
ReplyDelete“The interpretation of ‘State’ under Article 12 is pivotal. It establishes accountability and reflects the framers’ vision for a comprehensive legal framework.”
ReplyDeleteArticle 12 of Indian Constitution is a landmark article and at the same time it's also an article, which is underrated among the constitutional jurisprudence as well. My brother has correctly pointed the relevance and importance of this article in this blog post and I hope that he will continue his legal journey through the constitutional jurisprudence as well.I would also personally recommend this blog post for Constitutional law students it will gave them new insights on Art 12 with a wider perspective for their real life practical and examinations as well.
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