Concept of State and Article 12 of Constitution of India
What is the concept of “State” in the Constitution of India?
In the Constitution of India, the term “State” doesn’t only refer to the geographical territory but also includes governmental authorities. It encompasses institutions like the Legislature, Executive, and Judiciary, which together govern the country.
What does Article 12 of the Constitution say about the State?
Article 12 defines the term “State” for the purposes of fundamental rights. According to Article 12, the term “State” includes the government and Parliament of India, the government and legislature of each state, and all local or other authorities within the territory of India.
What is the significance of Article 12 in the Constitution?
Article 12 is significant because it clarifies who is bound by the fundamental rights guaranteed in the Indian Constitution. It ensures that not only the central and state governments but also other authorities within the territory of India are accountable for upholding the fundamental rights of citizens.
How does Article 12 affect fundamental rights?
Article 12 expands the scope of fundamental rights by making them applicable not only to governmental bodies but also to other entities exercising governmental functions. This ensures that fundamental rights are protected against any abuse or violation by any authority within the territory of India.
What are some examples of entities covered under Article 12?
Entities covered under Article 12 include government departments, public sector undertakings, municipalities, panchayats, and other bodies or authorities performing governmental functions. This ensures that all such bodies are accountable for respecting and upholding the fundamental rights of citizens as enshrined in the Constitution.
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