Article 12 of Constitution of India

Article 12 of the Constitution of India defines what constitutes the “State” for Part III and Part IV of the Constitution, which deal with fundamental rights and directive principles of state policy, respectively. According to Article 12, the term “State” includes the following entities:

  • The Government and Parliament of India; i.e., the Executive and Legislature of the Union
  • The Government and Legislature of each of the States; i.e., Executive and Legislature of the State
  • All local authorities within the territory of India
  • Other authorities within the territory of India or under the control of the Government of India

This definition is crucial because it determines the scope and applicability of fundamental rights guaranteed by the Constitution, which are enforceable against the State. It ensures that not only the central and state governments but also other entities exercising governmental functions are bound by the fundamental rights enshrined in the Constitution.

State : Concept & Article 12 of Constitution of India

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