Article 12 defines ‘state’
Q. According to article 12 which of the following is the state?
1) CAG
2) Improvement trusts
3) ONGC- Published on 21 Feb 17a. 1, 2
b. 2, 3
c. 1, 3
d. All of the above
ANSWER: All of the above
- Article 12 has defined the term ‘state’ for the purposes of Fundamental Rights i.e., Part III.
According to it, the State includes the -
(a) Government and Parliament of India, that is, executive and legislative organs of the Union government.
(b) Government and legislature of states, that is, executive and legislative organs of state government.
(c) All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc.
(d) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
- State has been defined in a wider sense so as to include all its agencies.
- It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.
- According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.
- Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
- Thus, it expressively provides for the doctrine of judicial review.
The term ‘law’ in Article 13 has been given a wide connotation so as to include -
(a) Permanent laws enacted by the Parliament or the state legislatures;
(b) Temporary laws like ordinances issued by the president or the state governors;
(c) Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification; and
(d) Non-legislative sources of law, that is, custom or usage having the force of law.
- Thus, not only a legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void.
- Also, Article 13 says that a constitutional amendment is not a law and hence cannot be challenged.
- But, the Supreme Court said in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.
