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Which one of the following is the correct meaning of the term ‘State’, as defined in Article 12 of the Constitution of India ?
Explanation
Article 12 of the Constitution of India provides an inclusive definition of the term 'State' for the purposes of Part III (Fundamental Rights). According to the text, 'the State' includes the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India [3]. The term 'local authorities' encompasses entities like municipalities, district boards, and panchayats [1]. The expression 'other authorities' has been interpreted by the judiciary to include various statutory and non-statutory bodies that act as agencies or instrumentalities of the government, such as the Life Insurance Corporation and the Oil and Natural Gas Commission [1]. This broad definition ensures that fundamental rights can be enforced against a wide range of public and quasi-public bodies.
Sources
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Fundamental Rights and Fundamental Duties IJl > p. 119
- [1] https://www.mcrhrdi.gov.in/splfc2021/subjects/PCCI/2021%20sfc%20State%20(Article12)%20(1).pdf