Q: What is State according to Article 12 of Indian Constitution ?

Ans: Article 12 defines ‘State’ as:

1. Legislative and Executive Organs of the Union Government:

Indian Government

Indian Parliament – Lok Sabha, Rajya Sabha

2. Legislative and Executive organs of the State Government:

State Governments

State Legislature – Legislative Assembly, Legislative Council of State

3. All local authorities

Municipalities – Municipal Corporations, Nagar Palika, Nagar Panchayats

Panchayats – Zila Panchayats, Mandal Panchayats, Gram Panchayats

District Boards

Improvement Trusts, etc.

4. Statutory and Non-Statutory Authorities

Statutory Authorities Examples:

National Human Rights Commission

National Commission for Women

National Law Commission

National Green Tribunal

National Consumer Disputes Redressal Commission

Armed Forces Tribunal

Non Statutory Authorities Examples: 

Central Bureau of Investigation

Central Vigilance Commission

Lokpal and Lokayuktas

  • The definition in Article 12 is only for the purpose of application of the provisions contained in Part III.
  • Even if a party is not mentioned as ‘State’ under Article 12, in cases, where such a party has a public duty to perform or where such a party’s acts are supported by the State or public officials; a writ under Article 226 may lie against it on non-constitutional grounds or grounds of contravention of some provision of the Constitution outside Part III.

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