Definition of State for enforcement of fundamental rights

Article 12 defines the term ‘State’ as used in different articles of

part III of the constitution.
State as provided under Article 12 of the Constitution has four
components:

( a ) The Government and Parliament of India-

Government means any department or institution of department.
Parliament shall consist of the President, the House of People
and Council of States

( b ) The Government and Legislature of each State

State Legislatures of each State consist of the Governor,
Legislative Council and Legislative Assembly or any of them.
( c ) All Local or other Authorities within the territory of India
Authority means
Power to make rules, bye- laws, regulations, notifications and
statutory orders which have the force of law and power to
enforce those laws.

Local Authority means Municipal Boards, Panchayats, Body of

Port Commissioners and others legally entitled to or entrusted
by the government, municipal or local fund.
Authorities other than local authorities working
( i ) Within the territory of India or;
( ii ) Outside the territory of India.
In Sukhdev v/s Bhagatram , LIC , ONGC AND IFC were held
to be State as performing very close to governmental or
sovereign functions. The Corporations are State when they
enjoy
( i ) Power to make regulations;
( ii ) Regulations have force of law.

In Union of India v/s R.C.Jain, to be a local authority, an

authority must fulfill the following tests-
( i ) Separate legal existence.
( ii ) Function in a defined area.
( iii ) Has power to raise funds.
( iv ) Enjoys autonomy.
( v ) Entrusted by a statute with functions which are usually
entrusted to municipalities.
Electricity Board Rajasthan v. Mohan lal,1967 Case- page 67
BB and Ajay Hasia v/s Khalid Mujib - page 70 BB
The word ‘State’ under Article 12 has been interpreted by the
courts as per the changing times .It has gained wider meaning
which ensures that Part-III can be applied to a larger extent.
( d ) All local and other Authorities under the control of the
government of India.
it is meant to bring into the definition of State all areas outside
Indian territory but which are under or may come under the
control of the government of India for eg. A territory may come
under Indias control by international agreement.

State Of Assam vs Barak Upatyaka case- The SC held that the

financial assistance provided by the State government in the
form of grant in aid to Assam Cooperative Society continously
for some years does not make the society a State.
Unaided Minority School- Unaided Minority Schools over
which the government has no administrative control are not
state.
Private University- Pgae 74 BB
Board of Cricket for control in India- Ze Telefilms Ltd. V.
Union of India,2005- BCCI is State or not?
The board was not created by any statute nor was apart of the
share capital held by the govt.also no financial assistance is
given to the board. The control of the govt. is only regulatory in
nature as applicable to similar bodies.
The court did not accept these arguments and held that since the
board was discharging functions of public nature, it was state.
Is Judiciary included in the word state?
However, the judiciary, it is said, though not expressly
mentioned under Article 12, it should be included within the
expression 'other authorities', since courts are set up by statutes
and exercise such powers as conferred by law. It is though
suggested that discrimination may be brought about even by the
judiciary and the inhibition of Article 14 extends to all actions of
the State denying equal protection of the laws whether it be the
action of anyone of the three organs of the State.
NARESH V. STATE OF MAHARASHTRA,1967 it was held that
even if the court is the State, a writ under Article 32 cannot be
issued to the High court of competent jurisdiction against its
judicial orders because such orders then cannot be said to violate
the fundamental rights. However, Mr. H.M. Seervai is of the
opinion that judiciary should be included in the definition of
‘State’ and a judge acting as a judge is subject to the writ-
jurisdiction of the Supreme Court. Later in
A.R. ANTULAY V. R.S. NAYA, 1988 it was held by the Supreme
Court that the courts cannot pass any order or issue any direction
which would violate the fundamental rights of the citizens, and
hence, it can be asserted that the expression ‘State’ as defined
under Article 12 of the Constitution of India includes ‘judiciary’
also.