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THE STATE
QUESTION BANK.
Q.1. Against whom are fundamental rights available? Explain the meaning of “other authority”.
Q.2. Explain the meaning of the term “State”?
SHORT NOTES.
1. ‘Other authority.
2. ‘Local authority.
SYNOPSIS
The Concept of "State" Under Article 12
I. Against Whom Are Fundamental Rights Available?
1. Protection Against Government Power:
2. Available Against the State:
3. Not Available Against Private Individuals:
II. Definition of "The State"
1. The Government and Parliament of India:
2. The Government and the Legislature of Each State:
a. "Local Authority"
b. "Other Authorities"
(1) Evolution of Judicial Interpretation
(2) The Instrumentality Test (R. D. Shetty v. International Airport Authority)
(3). Scope of Entities Included-
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The Concept of "State" Under Article 12
I. Against Whom Are Fundamental Rights Available?
1. Protection Against Government Power: Fundamental rights (Part III, Articles 12 to 35) serve as essential limitations on the powers of the government to protect individual rights and liberties against arbitrary use of power.
2. Available Against the State: Fundamental rights are primarily enforceable by an individual against the State. They define a protected sphere where the State is not allowed to interfere.
3. Not Available Against Private Individuals: Fundamental rights are generally not available against private individuals. Because these rights protect against state actions, understanding the legal definition of "State" is necessary. Any action by a qualifying body that violates these rights can be challenged in court.
II. Definition of "The State"
According to Article 12, unless the context otherwise requires, the term "State" includes the following bodies:
1. The Government and Parliament of India: The executive and legislative branches of the Union Government.
2. The Government and the Legislature of Each State: The executive and legislative branches of every individual state government in India.
3. Local Authorities: All local authorities within the territory of India.
4. Other Authorities: All other authorities within the territory of India, or under the control of the Government of India.
a. "Local Authority"meaning-
i. Definition of Authority: The term "authority" denotes a person or a body of persons exercising the power to command. In the context of Part III, it specifically refers to the power to make and execute laws, orders, regulations, and bye-laws.
ii. Statutory Definition: Section 3(31) of the General Clauses Act, 1897 defines a "Local Authority" as a "Municipal Committee, District Board, Body of Port Commissioners or other authority legally entitled to, or entrusted by the Government with the control or management of a municipal or local fund".
Examples: Local self-governments such as Village Panchayats, Municipal Councils, Corporations, Zilla Parishads, and Panchayat Samitis are all considered "local authorities" and thus qualify as the "State" under Article 12.
b. "Other Authorities" meaning-
The interpretation of "other authorities" has evolved through significant judicial precedents to determine which entities fall under Article 12:
(1) Evolution of Judicial Interpretation
University of Madras v. Shantha Bai [AIR 1954 Mad 67]: Initially, it was interpreted that "other authorities" only included entities exercising governmental or sovereign functions. To qualify, an entity had to be an instrumentality or agency of the government.
Ujjambai v. State of UP [AIR 1962 SC 1621]: The Supreme Court held that a Sales Tax Officer is an "other authority" because they carry out governmental functions.
Rajasthan State Electricity Board v. Mohan Lal [AIR 1967 SC 1857]: The Supreme Court broadened the definition, stating that "other authorities" is wide enough to include every authority created by a statute that functions within Indian territory or is under government control. This explicitly included statutory authorities with commercial functions, such as the State Electricity Board.
Statutory Corporations:
Consequently, bodies like the Oil and Natural Gas Commission (ONGC), Life Insurance Corporation (LIC), and Industrial Finance Corporation (IFC) were ruled to be authorities under Article 12, making fundamental rights enforceable against them.
(2) The Instrumentality Test (R. D. Shetty v. International Airport Authority [AIR 1979 SC 1628])
The Supreme Court established that if a body is found to be an "agency or instrumentality" of the government, it qualifies as a "State" under the umbrella of "other authorities".
The Court laid down an illustrative, non-conclusive test consisting of five criteria to determine this status:
i. Share Capital: The entire share capital of the corporation is held by the Government.
ii. State Control: The existence of deep and pervasive State control.
iii. Monopoly Status: The corporation enjoys a monopoly status that is conferred or protected by the State.
iv. Public Importance: The functions of the corporation are of public importance and closely related to governmental functions.
iv. Department Transfer: A government department is transferred over to a corporation.
(3). Scope of Entities Included-
The term "other authorities" is tied directly to Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy). It extends beyond statutory corporations to include government companies, registered societies, or any body maintaining a nexus with the government.
i. Note on Employee Rights: An employee of a Statutory Corporation can claim the protection of fundamental rights under Article 12, but they cannot seek the specific constitutional safeguards reserved exclusively for civil servants.
ii. Extensively Ruled as "State" under Article 12:
(1). Government Companies
(2). Warehousing Corporations
(3). Societies registered under the Societies Registration Act (1860 and 1898)
(4). Indian Council of Agricultural Research (ICAR)
(5). Central Inland Water Transport Corporation
(6). Council of Scientific and Industrial Research (CSIR)
(7). The Judiciary: Courts themselves have been held to be "State" under the expression "other authority" under certain contexts.
Category under Art. 12 | Components & Organs | Core Examples |
Union Government | Executive & Legislature of India | President, Prime Minister, Cabinet, Lok Sabha, Rajya Sabha |
State Government | Executive & Legislature of each State | Governor, Chief Minister, Vidhan Sabha, Vidhan Parishad |
Local Authorities | Local Self-Governments | Municipal Corporations, Village Panchayats, Zilla Parishads, Port Commissioners |
Other Authorities | Instrumentalities/Agencies of Government | LIC, ONGC, CSIR, ICAR, Statutory Boards, Government Companies |
Fundamental rights are robustly enforceable against all of the above entities to prevent the abuse of public power and protect individual freedom.
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