Role of Article 12 in Defining 'The State'

Introduction

Article 12 of the Indian Constitution is pivotal in understanding fundamental rights. It defines 'The State,' a term essential for identifying the entities against which these rights can be enforced. This article establishes a framework for legal actions involving government bodies, enabling citizens to hold them accountable under the Constitution.

Definition of 'The State'

According to Article 12, 'The State' encompasses several entities:

• The Government and Parliament of India: This includes the central government and the national legislative body responsible for enacting laws.
• The Government and the Legislature of each of the States: Similar to the central government, this also refers to state governments and their corresponding legislative bodies.
• All local or other authorities: This part extends to local government bodies like municipal councils and panchayats, as well as other authorities functioning within India's territory or under the Government of India's control, such as public sector units.

Significance of the Definition

The inclusion of these entities under the term 'The State' holds significant implications:

• Legal Recourse Against the State: Individuals or groups who believe their fundamental rights are being violated can seek relief from the courts against any of these entities, as they are recognized as part of 'The State' under Article 12.
• Scope of Fundamental Rights (FRs): Most fundamental rights are claims against the State. This definition broadens the scope of these rights, covering various levels of governance and authorities.
• Judicial Review and Writs: Courts can issue writs against these entities if proven they are part of 'The State.' This mechanism is crucial for enforcing fundamental rights and ensuring governmental accountability.
• Exclusion of Judiciary: Notably, the judiciary is not included in the definition of 'The State' under Article 12. This exclusion is significant as it maintains the separation of powers and judicial independence, ensuring that fundamental rights claims cannot be directly made against the judiciary.

Conclusion

Understanding Article 12 is vital for anyone studying the Indian Constitution or involved in legal proceedings regarding fundamental rights. It delineates the scope of governmental entities accountable under these rights and outlines the landscape of legal and constitutional accountability in India. This provision ensures that government entities at all levels can be challenged and scrutinized, reinforcing the framework of rights and responsibilities that govern the nation.

Frequently Asked Questions (FAQs)

Q1. What is the importance of Article 12 in the Indian Constitution?
Answer: Article 12 is crucial as it defines 'The State' in the context of fundamental rights, allowing citizens to hold government entities accountable under the Constitution.

Q2. Who is included in the definition of 'The State' under Article 12?
Answer: 'The State' includes the Government and Parliament of India, state governments, local authorities, and other entities under the control of the Government of India.

Q3. Can individuals seek legal recourse against the judiciary under Article 12?
Answer: No, the judiciary is excluded from the definition of 'The State' under Article 12, which means individuals cannot directly challenge judicial decisions as violations of fundamental rights.

Q4. How does Article 12 impact the enforcement of fundamental rights?
Answer: Article 12 broadens the scope of fundamental rights by allowing claims against various government entities, ensuring that citizens can seek judicial relief when their rights are infringed.

Q5. What role does judicial review play in relation to Article 12?
Answer: Judicial review enables courts to assess the actions of entities defined as 'The State' and issue writs to enforce fundamental rights, promoting governmental accountability.

UPSC Practice MCQs

Question 1: Which entities are included in the definition of 'The State' under Article 12?
A) Only the central government
B) Central and state governments, local authorities
C) Only the judiciary
D) None of the above
Correct Answer: B

Question 2: Can fundamental rights be claimed against the judiciary according to Article 12?
A) Yes, always
B) No, they are excluded
C) Only in certain cases
D) Yes, if unlawful
Correct Answer: B

Question 3: What is the significance of Article 12 for citizens?
A) It limits their rights
B) It allows legal recourse against the State
C) It defines criminal laws
D) It restricts government power
Correct Answer: B

Question 4: What does judicial review enable in relation to Article 12?
A) To enforce criminal laws
B) To assess actions of 'The State'
C) To exclude local bodies
D) To limit citizen rights
Correct Answer: B

Question 5: Which of the following is NOT considered 'The State' under Article 12?
A) Central Government
B) Local Authorities
C) Judiciary
D) State Governments
Correct Answer: C