What Is Constitution Of India Article 12?

Constitution Of India Article 12: Definition

12. Definition.—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.

Brief Detail

Article 12 provides the definition of the State for the purposes of Part III of the Constitution, which deals with fundamental rights. It includes the Government and Parliament of India, the Governments and Legislatures of the States, as well as any local or other authorities under the control of the Government of India.

Question

Q1: What does the State include according to Article 12?

A1: The State includes the Government and Parliament of India, the Governments and Legislatures of the States, and all local or other authorities within the territory of India or under the control of the Government of India.

Q2: Does Article 12 define the State for all parts of the Constitution?

A2: No, it defines the State specifically for Part III, which deals with fundamental rights, unless the context requires otherwise.

Q3: Does the definition of the State in Article 12 apply to private individuals or organizations?

A3: No, the definition of the State in Article 12 does not include private individuals or organizations; it is limited to government bodies and authorities under the control of the Government of India.

Example

Example 1: The Parliament of India, the State Legislative Assemblies, and local municipal corporations are all considered part of the State under Article 12.

Example 2: A decision by a local government body like a panchayat or municipal corporation falls within the definition of the State in Article 12, as it is under the control of the Government of India.

Summary

Article 12 defines the State in the context of fundamental rights, encompassing the central and state governments, legislative bodies, and local authorities under the control of the Government of India.