Articles of Indian Constitution

Constitution of India contains 448 Articles in 25 Parts 12 Schedules

Constitution of India
MCN 202
Article 12 - De
nition of State
for Part III of the Indian Constitution
Joaquim Ignatious Monteiro
Assistant Professor
Dept. of ECE
College of Engg. TVM

Article 12 Denition of state – Article 12

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From article 12 to article 35 are grouped in Part 3 as Fundamental Rights. ●
The state includes:-
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The purpose of giving fundamental rights by the Constitution was to protect ●
The Government and parliament of India
the rights of the people in front of the state ●
The Government and legislature of each of the states.
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The fundamental right starts with Article 14, but before that Article 12 ●
All local and other authorities:
de nes the state
– Within the territory of India
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Only those who have been included in this de nition will be considered as
the state and you can demand to protect your rights against their action.
– Under the control of the Government of India
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All the fundamental rights are available against the state with a few
exception.

Denition of state – explanation Statutory and Non-Statutory Authorities

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Government of India {All Ministers, Ministries, Departments, Army, PSU, etc.} ●
Statutory refers to organizations and bodies that are de ned by a formal law
or a statute.
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Parliament {LokSabha, RajyaSabha, President, Speaker, Chairman, all members,
and work are done by them, passed laws, etc.} – These bodies are entities shaped by an Act of Parliament and set up by
the Government to consider the data and make judgments in some area
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State Government {All Ministers, Ministries, Secretaries, and all people working of activity
there, rules, laws, etc.}
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Non-statutory bodies are formed by executive resolution or action, which
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State Legislature {State Legislative Assembly / Council, Members, Speaker, means that they are formed only by the Government’s action
Laws, Gadget, Documents passed by them, etc.}
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Local Authority {Municipality, Panchayat, Nagar panchayat, Organization(LIC,
ONGC, GAIL), etc.}
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Local O cial {Commissioner, Collector, Police, Government Doctor, Bus Driver,
etc.}
Statutory and Non-Statutory Authorities
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Statutory Authorities examples: ●
Non Statutory Authorities ●
According to the Supreme Court, any private company that works with the
– National Human Rights examples
Commission – Central Bureau of Investigation government or for the government will also come under the de nition of the
– National Commission for – Central Vigilance Commission state under Article 12
Women – NITI Aayog ●
Board of Control for Cricket in India (BCCI) stayed away from the purview of
– National Law Commission
the state by declaring itself private till 2019, but now the Supreme Court has
– National Green Tribunal
– National Consumer Disputes included it in the de nition of the state.
Redressal Commission
– Armed Forces Tribunal