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Article 12 defines the “state” which includes: Government and Parliament of India
Government and the Legislature of each of the States
All local or other authorities within the territory of India or under the control of the
Government of India. The words “other authorities” and “under the control” are
ambiguous and led to numerous litigations in the Supreme Court. Thus, this article has
been subject to judicial interpretation from time to time. Various Supreme Court
judgments have established that:
Definition of state is inclusive and may include other bodies than executive, legislature of
union and states which have been enumerated explicitly in article 12
Any such authority which has power to make any law, pass any order, make an
regulation, bye-laws etc. come under definition of state. Thus Panchayats, municipalities,
district boards and other statutory, constitutional bodies come within the definition of
state.
Statutory and non-statutory bodies that get financial resources from government , have
deep pervasive control of government and with functional characters as such as ICAR,
CSIR, ONGC, IDBI, Electricity Boards, NAFED, Delhi Transport corporation etc. come
under the definition of state.
Statutory and Non-statutory bodies which are not substantially generally financed by the
government don’t come under definition of state. Examples are autonomous bodies,
Cooperatives, NCERT etc.
Judiciary is NOT state. Many opine that the judiciary should be included in the definition
of the state.
The rights which are given to the citizens by way of fundamental rights are a guarantee against
state action as distinguished from violation by the ordinary law of land. Thus, Fundamental
rights are against the state for the protection of individual.
Self-executory rights
All fundamental rights are justifiable and enforceable under court. There are certain rights
in Indian constitution which don’t need any legislation to make them enforceable. For example
there is no need to enact a separate legislation to make the Right to Equality enforceable. These
are called self executory. At the same time, there are certain rights which are imperfect in just
being inscribed to the constitution and need further legislation to make them enforceable. Such
rights are Art. 17 (untouchables) Article 21A (right to free & compulsory education); Article 23
(traffic in human beings; and Article 24 (child labour).