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Notes 2 Merge Split

Article 12 of the Indian Constitution defines 'State' for the purposes of Fundamental Rights and Directive Principles of State Policy, encompassing the Government and Parliament of India, State Governments, local authorities, and other authorities under government control. Initially, the interpretation of 'State' was narrow, focusing only on bodies created by the Constitution or law, but evolved to a broader interpretation allowing private organizations performing public functions to be included. The courts consider factors such as government control, financial assistance, and the performance of public duties when determining if an entity qualifies as 'State' under Article 12.

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Notes 2 Merge Split

Article 12 of the Indian Constitution defines 'State' for the purposes of Fundamental Rights and Directive Principles of State Policy, encompassing the Government and Parliament of India, State Governments, local authorities, and other authorities under government control. Initially, the interpretation of 'State' was narrow, focusing only on bodies created by the Constitution or law, but evolved to a broader interpretation allowing private organizations performing public functions to be included. The courts consider factors such as government control, financial assistance, and the performance of public duties when determining if an entity qualifies as 'State' under Article 12.

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ARTICLE 12: “ The State includes the Government and Parliament of India and the

Government and the Legislature of each of the States and all local or other authorities
within the territory of India or under the control of the Government of India.”

Meaning of State under Article 12

Article 12 defines the term “State” for the purpose of Fundamental Rights.

This definition is used for:

• Part III – Fundamental Rights

• Part IV – Directive Principles of State Policy

So whenever the Constitution uses the word State in these parts, the meaning given in
Article 12 will apply.

What does State include?

According to Article 12, the State includes the following:

1. Government and Parliament of India

This includes:

• Central Government

• Parliament (Lok Sabha and Rajya Sabha)

2. Government and Legislature of the States

This includes:

• State Governments

• State Legislative Assemblies and Councils

3. Local Authorities

Local authorities include institutions of local self-government, such as:

• Municipalities

• Panchayats

• Municipal Corporations

• District Boards

4. Other Authorities
Article 12 also includes “other authorities” within the territory of India or under the
control of the Government of India.

This part of the definition is very broad and flexible.

Because of this phrase, courts had to interpret which organisations can be


considered part of the State.

This led to different approaches of interpretation by the judiciary.

Structural Approach

Initially, the courts followed a Structural Approach to interpret Article 12. Under this
approach, the meaning of the State was interpreted very narrowly.

Only those bodies that were directly created by the Constitution or by law were
considered part of the State.

Private organisations were not included in the definition of State.

Example case:

University of Madras vs Shantabai (1954)

In this case, the Supreme Court adopted a strict interpretation and limited the
meaning of the State.

Doctrine of Instrumentality / Functional Approach

Over time, the role of the government expanded.

Many public services began to be provided through corporations, public sector


bodies, and public-private partnerships. Because of this, the Supreme Court adopted
a broader interpretation known as the Doctrine of Instrumentality or Functional
Approach.

According to this doctrine:

If an organisation is performing public functions similar to the government, it can be


treated as “State” under Article 12.

Even a private body can be considered part of the State if it performs important public
duties.

Factors considered by the Court

Courts may consider several factors, such as:


• Government ownership or control

• Financial assistance from the government

• Monopoly status granted by the government

• Performance of public functions

Example Case

R. D. Shetty vs International Airport Authority of India (1979)

In this case, the Supreme Court adopted the functional approach and held that bodies
performing public duties can be treated as State under Article 12.

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