Definition of State for enforcement of fundamental rights
Article 12 defines the term ‘State’ as used in different articles of
part III of the constitution. State as provided under Article 12 of the Constitution has four components:
( a ) The Government and Parliament of India-
Government means any department or institution of department. Parliament shall consist of the President, the House of People and Council of States
( b ) The Government and Legislature of each State
State Legislatures of each State consist of the Governor, Legislative Council and Legislative Assembly or any of them. ( c ) All Local or other Authorities within the territory of India Authority means Power to make rules, bye- laws, regulations, notifications and statutory orders which have the force of law and power to enforce those laws.
Local Authority means Municipal Boards, Panchayats, Body of
Port Commissioners and others legally entitled to or entrusted by the government, municipal or local fund. Authorities other than local authorities working ( i ) Within the territory of India or; ( ii ) Outside the territory of India. In Sukhdev v/s Bhagatram , LIC , ONGC AND IFC were held to be State as performing very close to governmental or sovereign functions. The Corporations are State when they enjoy ( i ) Power to make regulations; ( ii ) Regulations have force of law.
In Union of India v/s R.C.Jain, to be a local authority, an
authority must fulfill the following tests- ( i ) Separate legal existence. ( ii ) Function in a defined area. ( iii ) Has power to raise funds. ( iv ) Enjoys autonomy. ( v ) Entrusted by a statute with functions which are usually entrusted to municipalities. Electricity Board Rajasthan v. Mohan lal,1967 Case- page 67 BB and Ajay Hasia v/s Khalid Mujib - page 70 BB The word ‘State’ under Article 12 has been interpreted by the courts as per the changing times .It has gained wider meaning which ensures that Part-III can be applied to a larger extent. ( d ) All local and other Authorities under the control of the government of India. it is meant to bring into the definition of State all areas outside Indian territory but which are under or may come under the control of the government of India for eg. A territory may come under Indias control by international agreement.
State Of Assam vs Barak Upatyaka case- The SC held that the
financial assistance provided by the State government in the form of grant in aid to Assam Cooperative Society continously for some years does not make the society a State. Unaided Minority School- Unaided Minority Schools over which the government has no administrative control are not state. Private University- Pgae 74 BB Board of Cricket for control in India- Ze Telefilms Ltd. V. Union of India,2005- BCCI is State or not? The board was not created by any statute nor was apart of the share capital held by the govt.also no financial assistance is given to the board. The control of the govt. is only regulatory in nature as applicable to similar bodies. The court did not accept these arguments and held that since the board was discharging functions of public nature, it was state. Is Judiciary included in the word state? However, the judiciary, it is said, though not expressly mentioned under Article 12, it should be included within the expression 'other authorities', since courts are set up by statutes and exercise such powers as conferred by law. It is though suggested that discrimination may be brought about even by the judiciary and the inhibition of Article 14 extends to all actions of the State denying equal protection of the laws whether it be the action of anyone of the three organs of the State. NARESH V. STATE OF MAHARASHTRA,1967 it was held that even if the court is the State, a writ under Article 32 cannot be issued to the High court of competent jurisdiction against its judicial orders because such orders then cannot be said to violate the fundamental rights. However, Mr. H.M. Seervai is of the opinion that judiciary should be included in the definition of ‘State’ and a judge acting as a judge is subject to the writ- jurisdiction of the Supreme Court. Later in A.R. ANTULAY V. R.S. NAYA, 1988 it was held by the Supreme Court that the courts cannot pass any order or issue any direction which would violate the fundamental rights of the citizens, and hence, it can be asserted that the expression ‘State’ as defined under Article 12 of the Constitution of India includes ‘judiciary’ also.