DEFINITION OF STATE UNDER ARTICLE 12

SUBMITTED BY-
AMRITA CHOUDHARY, B.A., LL.B.(HONS.)
(5th Semester), (Roll No.- 2111)
SUBMITTED TO-
PROF. DR. ANIRUDH PRASAD
(Professor of Law)
This rough draft is submitted in partial fulfilment in Constitutional Law-I for the
completion of B.A., LL.B.(Hons.) course.

AUGUST 2021
CHANAKYA NATIONAL LAW UNIVERSITY,
PATNA

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INTRODUCTION
The concept of State Action is not defined in the Constitution rather it is a concept which is
implied in Article 12 of the Constitution of India. The Article is the first article in Part III of
the Constitution and it enlists the fundamental rights guaranteed to the people. Defining State
was necessary as the Fundamental Rights are expressly guaranteed against the State. The
Article has been put to judicial scrutiny in a number of cases. In most ofthe cases the Court
has analysed the fact situations existing at the particular time and made thejudicial meaning
of the term in tandem with the political and economic changes and its impacton State and its
role in the society. In this way an array of institutions is kept under the purview of judicial
scrutiny.

Though the language in Article 12 is plain, the term ‘other authority’ is put to test quite a
number of times. In order to extract the true meaning of the term and to furtherthe purpose of
fundamental rights the judiciary has evolved the test of instrumentality or agencyunder which
various criteria’s are laid out, one such important test is ‘Public Functions Test,’ other tests
being deep and pervasive state control test, government monopoly test etc. The cumulative
effect of all the tests is necessary to hold an authority as ‘other authority’ and thereby state
under Article 12. These tests try to render a meaningful link between the authorityin question
and the government.

The framers of the Constitution used the words ‘the State’ in a wider sense than what is
understood in the ordinary or narrower sense. It does not merely mean the states in the Union.
The word ‘includes’ in the article shows that the definition is not exhaustive and through
judicial interpretations, the court has widened the scope of the Article way beyond what even
the framers of Article 12 may have had in mind during the framing of the constitution.

Despite playing its role as ‘social engineer’ while analysing the cases what can be seen is that
the various tests acts as a limitation upon the further enlargement of the concept of State
Action though constitution framers intended to give wide meaning to Article 12. The response
of the judiciary towards the changing socioeconomic transformations is also evident from the
observations given in the judgment. In this background the Chapter presents a careful analysis
of the development and scope of the definition of State under Article12 and also how the strait
jacket formulation of the tests to determine the State Action concept has made the law static in
extending its application to private bodies exercising public functions.

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OBJECTIVE
To understand the definition of the term “STATE” under the constitution of India.

HYPOTHESIS
Fundamental Rights are expressly guaranteed against the State.

MODE OF RESEARCH
Doctrinal method of research has been relied for the completion of this project.

TENTATIVE CHAPTERISATION

1. Introduction

2. Enforcement of Fundamental Rights against State

3. Nature and scope of concept of state action in India

• Government and legislature

• Judiciary as state

4. Authorities under control of govt. of India

i. Authorities

ii. Local authorities

iii. Other authorities

Judicial interpretation of other authorities

a) Ejusdem generis rule

b) Sovereign power test

c) Government control test

5. Bodies under other authority

i. Public corporations

ii. Government companies

6. Scope of Article 32 and 226 vis-à-vis article 12

7. Private actors as state: position in India ad US

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 8. Cases related to State under Article 12

9. Conclusion

10. Bibliography

BIBLIOGRAPHY
Primary Sources: Books and Bare Act.

1. V.N. Shukla’s Constitution of India, published by Eastern Book Company Pvt. Ltd.
2. M.P. Jain’s Indian Constitutional Law, published by Lexis Nexis.
3. The Constitution of India, 1950 (Bare Act).

Secondary Sources: Materials Available on the internet.