Article 12 of the Constitution of India. Definition.

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Article 12 of the Constitution of India. Definition.

Article 12 of the Constitution of India. Definition.

Read the explanation and compilation of Article 12 of the Constitution of India. Definition.

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NCERT Summary (Class VI – XII) One Liner for UPSC/IAS Preparation

NCERT Summary (Class VI to XII) One Liner for UPSC/IAS Preparation

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.



Explanation of Article 12 of the Constitution of India. Definition.

The Constitution of India is the supreme law of the country, laying down the framework for its governance, rights, and duties of citizens, and powers of the government. Part I of the Constitution, titled “The Union and its Territory,” contains Article 12, which provides a definition clause. Article 12 of the Indian Constitution defines the term “State” for the purposes of Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy) of the Constitution. The definition is crucial as it determines the entities against which citizens can enforce their fundamental rights.

According to Article 12, “the State” includes:

  1. The Government and Parliament of India (Central Government)
  2. The Government and Legislature of each State (State Governments)
  3. All local authorities
  4. Other authorities within the territory of India or under the control of the Government of India The term “other authorities” has been interpreted by the Supreme Court of India to include entities that are “instrumentalities of the State.” This means that even if an entity is not directly a part of the government, it can still be considered as “the State” if it is substantially controlled by the government or performs functions that are typically performed by the government.

The inclusion of “other authorities” within the definition of the State has been crucial in extending the protection of fundamental rights against entities such as public sector undertakings, statutory bodies, and other organizations that are controlled or funded by the government.

Article 12 of the Indian Constitution provides a comprehensive definition of “the State,” which is essential for the enforcement of fundamental rights and the application of the Directive Principles of State Policy. This definition ensures that citizens can seek protection against a wide range of entities, not just the government itself.

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POLITICAL THEORY NOTES for UPSC/IAS Preparation

POLITICAL THEORY NOTES for UPSC/IAS Preparation