This article has been written by Ms. Aadya Sharma, a 3^rd year BBA.LLB (Hons) student from Shri Ramswaroop Memorial University, Lucknow.

INTRODUCTION

Part III of the Indian Constitution deals with Fundamental Rights and they guarantee everyone’s freedom and rights, as well as the rights of minorities, religious freedom, and cultural liberties. The main goal of having a declaration of fundamental rights is to ensure that certain fundamental freedoms, such as the right to life and personal liberty, the freedom of speech, the freedom of religion, etc., are regarded as unalienable in all circumstances. However, in times of emergency, some restrictions on fundamental rights may take place. Most of the fundamental rights guaranteed to citizens are asserted against the State and its agencies rather than against private organisations. The term “state” has expanded meaning as a result of Article 12. It is crucial to establish which entities constitute states in order to establish who is responsible for fulfilling obligations. Basically, Article 12 does not enshrine any rights but identifies the authorities and entities that are regarded as “states” and against whom the fundamental rights can be enforced.

DEFINITION

Article 12 states: ‘In this Part, unless the context otherwise requires, “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.’ 

In other terms, the following constitutes the state for purposes of Part III of the constitution:

1. Government and Parliament of India i.e the Executive and Legislature of the Union
2. Government and Legislature of each State i.e the Executive and Legislature of the various States of India
3. All local or other authorities within the territory of India
4. All local and other authorities who are under the control of the Government of India

• Government and Parliament of India: This refers to the executive branch of the central government which consists of President, the Vice President, the Prime Minister, and the Council of Ministers.

On the other hand, Parliament of India refers to the legislative branch of the central government, which consists of Lok Sabha (House of the People) and the Rajya Sabha (Council of States).

• Government and Legislature of each State: This refers to the executive and legislative branches of government in each of the states of India. This includes the Governor of each state, the Chief Minister, and the state Cabinet, as well as the state legislative assembly.
• All local or other authorities within the territory of India and under the control of the Government of India: This refers to any authority or body, whether or not it is elected, that is within the territory of India and is under the control of the Indian government. This could include local governments, such as municipal corporations, panchayats, and district councils, as well as other bodies, such as public corporations and autonomous organizations.

DOCTRINE OF INSTRUMENTALITY

The term “instrumentality or agency” has not been defined under article 12 even though it is subject to constant judicial interpretation by the courts. Before being acknowledged as a state instrument, a candidate must pass a number of examinations. Furthermore, the word “includes” makes it clear that the definition is not exhaustive. However, where there is a violation of fundamental rights, the instrumentalities or agencies such as government corporations and public undertakings shall be interpreted as states under the definition. It is possible that they are not a member of a specific government department. 

Test to Determine Instrumentality of the State: To determine whether a body is an instrument of the government or not, the Supreme Court established the following criteria in the case of Ajay Hasia v. Khalid Mujib:

• The government owns all of the organization’s stock suggests strongly that it is a instrumentality of the state.
• the body’s whole spending is dependent upon or incurred due to financial help from the government may be a sign that the body has become impregnated with a governmental character.
• When it has been granted by the government, monopoly status is one of the important considerations.
• The said body may be subject to deep and pervasive state control, which unmistakably shows that it serves as a state instrument.
• Additionally, if the organisation carries out tasks of public importance in light of their relevance to governmental duties, this may be a relevant consideration when determining the state’s instrumentality.

CASE LAWS:

Article 12 of the Indian Constitution, which outlines the State and its authorities, has been interpreted and applied in a number of case laws. Key case laws include the following:

• R.D. Shetty v. International Airport Authority of India (1979):  The International Airport Authority of India was declared a state instrumentality by the Supreme Court of India in this landmark decision, making it subject to the Constitution’s provisions, including the defence of fundamental rights.
• State of West Bengal v. Subodh Gopal Bose (1954): In this case, the Supreme Court of India determined that a firm that was owned and managed by the government was an agency of the government and as such was governed by the Constitution.
• Life Insurance Corporation of India v. Escorts Limited (1986): The Supreme Court of India ruled in this case that the Life Insurance Corporation of India, as a government agency, had to abide by the Constitution’s rules and uphold the citizens’ basic rights because it was a government instrumentality.
• Delhi Development Authority v. Skipper Construction Company (1997): The Delhi Development Authority was deemed an instrumentality of the state by the Supreme Court of India in this case, and as such, was subject to the Constitution’s provisions, especially those pertaining to the defence of fundamental rights.
• Union of India v. Association for Democratic Reforms (2002): In this case, the Supreme Court of India ruled that the Election Commission of India constituted a governmental instrumentality and as such was governed by the Constitution’s provisions, especially those pertaining to the defence of fundamental rights.
• Board of Control for Cricket in India v. Cricket Association of Bengal (1995): In this case, the Supreme Court of India ruled that the Board of Control for Cricket in India was a state instrumentality and as such was governed by the Constitution’s provisions, especially those pertaining to the defence of fundamental rights.

These cases highlight the variety of organisations that might be regarded as state instruments as well as the significant significance that Article 12 has in defining the Indian state, its powers, and its jurisdiction.

CONCLUSION

In Conclusion, we can say that The Constitution of India not only grants its citizens certain essential rights, but it also places responsibility on the government to uphold those rights. The court has expanded the definition of “State” to cover a wide range of statutory and non-statutory entities through its interpretations. 

To decide what constitutes state-law, it is necessary to identify the party who will be responsible for enforcing the relevant rights. In addition, as seen in the aforementioned sections, the definition of state under Article 12 includes a number of terms that may not have clear definitions, such as local authorities, control of government, other authorities, etc. The courts have described the scope of the article by outlining a test and addressing the terms’ definitions as part of their rulings. 

Numerous case laws have shaped the interpretation of Article 12 and helped to make the definition of the State, its powers, and its jurisdiction more clear. One of the most crucial criteria for determining whether a body is a state instrumentality is the instrumentality test, and the case law around Article 12 has set significant precedents for the defence of basic rights in India.

REFERENCES

1. Article 12 of Constitution of India, 1950.
2. Dr. J.N. PANDEY’S CONSTITUTIONAL LAW OF INDIA: FIFTY EIGHTH EDITION.
3. R.D. Shetty v. International Airport Authority of India (1979)
4. Ajay Hasia v. Khalid Mujib Sehravardi (1981)
5. State of West Bengal v. Subodh Gopal Bose (1954)
6. Life Insurance Corporation of India v. Escorts Limited (1986)
7. Delhi Development Authority v. Skipper Construction Company (1997)
8. Union of India v. Association for Democratic Reforms (2002)
9. Board of Control for Cricket in India v. Cricket Association of Bengal (1995)
10. https://blog.ipleaders.in/state-article-12-constitution-india/
11. https://ccrd.vidhiaagaz.com/instrumentalities-of-state-article-12/
12. https://indiankanoon.org/doc/609139/
13. https://www.legalservicesindia.com/article/1914/State-Under-Indian-Constitution.html
14. Rashmi Sharma, “The Concept of State under Article 12 of Indian Constitution”(Pennaclaims, 2 July, 2018) < http://www.penacclaims.com/wp-content/uploads/2018/08/Rashmi-Sharma.pdf >

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