Article 12

 Defines the term ‘State’ as used in different parts of the

Constitution.
 Gateway for the third part of the Constitution – was Art. 7 is
the draft constitution.
 Individual needs constitutional protection against the State.
The rights which are given to citizens by the way of FR’s are
a guarantee against the State action – distinguished from
violation of such rights by private parties.
 Unless the context otherwise, ‘State’ includes the following:
1. The Govt. and the Parliament of India – the executive
and legislature.
2. The Govt. and Legislature of each state .
3. All local Authorities.
4. All local and other authorities within the territory of
India or under the control of the Govt. of India.

 Authorities – In the context of Article 12, the word means the

power to make laws, orders, regulations, bye-laws,
notifications, etc. which have the force of law and power to
enforce those laws.
 Local Authorities – As defined under Section 3(31) of the
General Clauses Act refers to authorities like Municipalities,
District Boards, Panchayats, Improvement Trust and Mining
Settlement Boards.
 Mohammed Yasin v. Town Area Committee – SC held that
bye-laws of a Municipal Committee charging a prescribed
fee on the wholesale dealer was an order by the State and
hence contravened Article 19(g).
 Other Authorities – This expression was used after
mentioning a few of them like the Parliament of India, the
Government and Legislature of each State and all local
authorities.
1. University of Madras v. Santa Bai, 1954 – OA could only
indicate authorities of a like nature, i.e. ejusdem
generis. So construed, it could only mean authorities
exercising governmental or sovereign functions. It
cannot include persons, natural or juristic, such as a Uni
unless maintained by the State. Did not consider
education as a sovereign or governmental function.
 2. Electricity Board, Rajasthan v. Mohan Lal, 1967 – OA are
authorities which are formed by statutory incorporation
of the Constitution – not necessary if they performing
governmental or sovereign functions. Electricity board
considered as OA.
3. Sukhdev Singh v. Bhagatram, 1975 – Oil and Natural
Gas Comm., Life Insurance Corp., Industrial Finance
Corp. within the meaning of State. J. Matthew –
instrumentality or agency of a state if it receives
financial aid and is of public importance.
4. R D Shetty v The International Airport Authority of India
– Airport Authority which was created by an Act of the
parliament was the ‘state’ within the meaning of Art 12.
5. Ajay Hasia v. Khalid Mujib –Held that a Society
registered under the Societies Registration Act, 1898 is
an agency or instrumentality of the State.
Instrumentality test:
 Financial resources of the State are the chief funding
source – entire share capital held by the State.
 Existence of deep and pervasive State control.
 Function character being governmental in essence –
is the functions are of public importance.
 If a department of Govt. is transferred into a
corporation.
 Whether the corporation enjoys monopoly status
which is State protected.
6. Bom Prakash Rekhi v. UOI/ M C Mehta v. UOI – Non-
state factors should be considered as state factor.
7. Sabbajit Tewary v. UOI – CSIR was not state. Equal
wages to new employees in violation of Article 14.
8. Pradeep Kumar v. IICB – Overruled the Sabbajit case
and held that CSIR is an instrumentality of the State.
9. Zee Telefilms Pvt Ltd v UOI – BCCI not an
instrumentality of state as they came out of their own
volition and the Govt. doesn’t control their day-to-day
business.

 Judiciary – organ of the State but not specifically mentioned.

Exercise of non-judicial functions – will come under Article 12
but judicial functions – won’t come under Article 12.
1. Ujjam Bai v. State of UP – Only for mistake in procedure
and not for violating FRs.
2. N.S. Marajkar v. State of Maharashtra – Valid decision of
a competent court cannot come under violation of FR.
3. A.R. Antulay v. R.S. Nayak – Status quo maintained of
judiciary not coming under Article 12.
4. Rupa Ashok Hura v. Ashok Hura – SC refused to engage
in the debate of it coming under Article 12