Article 12 - Indian Constitution Explained UPSC

This article is a compilation of Article 12 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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📖 Read This Article in Hindi

📜 Article 12

12. 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.

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🔍 Explanation

In fact, except for some provisions of fundamental rights, all the provisions are against the arbitrary attitude of the state, which means that if your fundamental rights are violated by the state, then you can go directly to the Supreme Court or the High Court, because fundamental rights

The Supreme Court is ultimately responsible for its protection and enforcement.

Now here a question arises that whom do we consider as state because here we call province as state. And usually we use the word state for the country.

⚫ But according to Article 12 the definition of State is very wide. And remember that in Article 12 it is clearly written that the definition of the State given here basically applies only to Part 3 of the Constitution.

That is, from Article 12 to 35, wherever the word ‘State’ is mentioned, it will have the same meaning as defined in Article 12. Except where it is clarified that the definition of State shall be otherwise.

That is, if in any article it is specifically written that the state written here means something else, then the state defined in article 12 will not work there.

For understanding, you must remember that the word ‘State’ as commonly used in Part III and Part IV of the Constitution (i.e. from Articles 12 to 50) has the same meaning as defined in Article 12.

Now the question is how the State is defined in Article 12. So let’s understand it.

▪️ The executive and legislative organ of the Union i.e. the Parliament is the State.

▪️ The executive of the State Government and its legislative organ i.e. the State Legislature is the State.

▪️ Any department or part of the Government of India or the Government of a State is a State.

▪️ All local bodies like municipality, panchayat, district board etc. are states.

▪️ Every public authority which is created under an act and which exercises legal powers is a state. It may or may not be under the control of the Government or it may be engaged in an activity which is in the nature of trade and commerce.

For example, a Road Transport Corporation or a Life Insurance Corporation or a Nationalized Bank can be taken. These are all states.

▪️ Any instrument or tribunal of the government is also a state. Whether it is a private body or a society registered under the Societies Act. Such as Regional Rural Bank and Sainik School Society, are all state.

Overall, these are all states under Article 12. It is understood that if the fundamental rights are violated by any of these, then anyone can go to the Supreme Court.

Let us now understand what is not a state under Article 12.

Here it is to be remembered that the following bodies are not considered to be states under Article 12;

An unconstitutional body that does not exercise legal powers. Just as a company which is not a body of the government is not a state.
Private body that does not have any legal power. Or that which is not supported by any State Act is not a State. Like Google company.

So all in all this is article 12, hope you understand. To understand other articles, you can use the link given below. – Fundamental Rights Introduction : Article 12 & 13

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⚫ Constitution
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India

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Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.