August 4, 2023

State under Constitution of India

This article has been written by Adv. Aishwarya Sandeep.

In the context of the Constitution of India, the term “State” has a specific meaning. It refers to the entities or authorities that exercise governmental powers within the country. Article 12 of the Constitution defines the term “State” and includes the following:

  1. The Government and Parliament of India: This includes the executive and legislative branches of the central government.
  2. The Government and Legislature of each of the States: This includes the executive and legislative branches of the state governments.
  3. All local authorities: This refers to institutions or bodies established by law to administer specific areas or functions at the local level, such as municipalities, panchayats, district boards, and other similar bodies.
  4. Other authorities: This includes any other authority or body that is created or recognized by the Constitution or by law and exercises governmental powers.

The inclusion of “State” under Article 12 is significant because it brings these entities and authorities within the ambit of fundamental rights. This means that any action or decision taken by the State, as defined under Article 12, can be challenged before the courts for violating fundamental rights guaranteed to the citizens.

For instance, if an individual’s fundamental rights are violated by the central government, a state government, a local authority, or any other authority covered under Article 12, the person can approach the courts for redressal and protection of their rights. The courts can then review the actions of the State and ensure that they conform to the provisions of the Constitution, including the fundamental rights.

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