
What is Article 12?
Article 12 defines the term “State” in the Indian Constitution. It includes not only the government but also bodies and institutions that act in government-like ways. This matters because Fundamental Rights are enforceable only against the “State.” So understanding who the State is shapes who gets held accountable if rights are violated.
Why Does It Matter?
Imagine this: you file a complaint against a private university about unfair admission policies. You can sue them if there’s a contract issue. But if they violate your constitutional rights, you cannot approach the Supreme Court—because they are not the “State,” as per Article 12. Only against entities defined under Article 12 can Fundamental Rights cases be filed directly.
How Has the Courts Interpreted ‘State’?
Initially, courts stuck to a narrow definition—only governments and government agencies counted. But over time, they widened that. Now, even private bodies performing public functions—like local electricity boards or universities—may fall under “State.” Courts look at how the body operates, whether it performs a public duty, takes government funds, or follows government rules.
A Helpful Guide: Article 12, Meaning, Scope and Emerging Judicial Trends
If you want to dive deeper, check out Kumar Kartikeya’s Article 12, Meaning, Scope, and Emerging Judicial Trends, edited by Yogesh Pratap Singh. This thoughtful work is available on the EBC Webstore and is an excellent read. It offers a well-researched exposition of how courts interpret “State” under Article 12. It’s known for its scholarly clarity and meticulous research. In fact, this is the only book solely dedicated to this topic.
The book offers:
- A strong critical analysis of judicial discourse
- A focus on what State implies, not just what it is
- Coverage of novel concepts like nomadic, nominal, and semantic constitutions
- A historical comparison with British and US law
It spans nine chapters, each unpacking facets like how courts address non-state entities or interpret directive principles. If you’re serious about constitutional law, this book is a solid companion.
Putting It All Together
Understanding Article 12 helps clarify when constitutional protections apply. It’s where theory meets real life—knowing whether a body qualifies as the “State” decides if you can enforce your rights in higher courts.
Example:
You sue a municipal corporation run by an autonomous trust for violating your right to sanitation. If it’s treated as part of the “State,” you can approach a High Court under Article 226. Otherwise, you might be stuck with civil courts only.
What Article 12 Really Teaches Us
Article 12 shows us that the Constitution protects people from misuse of power, not just by the government but by any authority acting like one. Knowing who the State is helps you understand where your rights stand. For a clear and deep dive into this, Article 12 by Yogesh Pratap Singh is a smart and reliable guide.