ARTICLE 12 (STATE)- (Article)

 

ARTICLE 12  defines the word ‘STATE’  as used in different article of part III and IV of the constitution.

-          (a) The Government and Parliament i.e.., Executive and Legislature of the union.

-          (b) The Government and the Legislature of each state i.e.., Executive and Legislature of state.

-          (c) All local or other authorities with in the  Territory of India.

-          (d) All local and other authorities  control under the Government of India.

ESSENTIALS

The  term  STATE includes executive as well as the legislature organs of the union and state.

- (a) Authorities.           

- (b) Local Authorities.

- (c) Other Authorities.

- (d) Authorities control under the Government of India

-          (a) Authorities

Article 12 the word “ authorities “ means the power to makes laws , orders , regulations , bye-laws , notifications etc. which have the force of law and power to enforce those laws .

-          (b) Local Authorities

Local authorities are municipalities , district boards, panchayats, improvement trust and mining settlement boards.

-MOHAMMED V. TOWN AREA COMMITTEE

 The Supreme Court held in this case the bye-laws of the municipal committee charging a prescribes  fee on the wholesale dealer was an order by a state authority contravened Article 19(1)(G). These laws in effect and in substance have brought about a total stoppage of the wholesale dealers business in the commercial sense. In Shri Ram versus The notified Area committee members the court said that a free levied under section 294 of the U.P. Municipalities Act ,1919 was held to be invalid.

-          (c) Other Authorities – Restricted Interpretation                        

In Article 12 the expression ‘ other authorities ‘ is used after mentioning few of them such as . The Government . Parliament of India, The government and Legislature of each state and all local authorities .

 –In MADRAS UNIVERSITY V. SANTA BAI

The Madras High Court  held that other authorities  not indicate authorities like nature ejusdem generis. So it only mean authority exercising Government or sovereign functions.

Liberal interpretation in the case of Ujjam Bai V. State of U.P.  The court rejected this restrictive interpretation of the expression  other authorities given by the Madras High Court and ejusdem generis rule did not apply in Article 12 the bodies specifically names are the government of the union and the states , the legislature of the union and the states and local authorities. These is no common generis running through these names bodies nor can these bodies so places in one single category on any rational basis .

-          (d) Authorities control under the Government of India

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 many come under the control of the government of India such as mandatory or trustee territories . such a territory may come under India’s control by international agreement. Thus even such areas will be subject to part 3 and the I habitants of such areas may so claim the benefit of fundamental right guaranteed in part 3.

-          STATE OF ASSAM V. VERUS BARAK UPATYAKA D,V KARANCHARI

The Supreme Court has held that case 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 with in the definition of state under Article 12 of the constitution and therefore, the state would not be responsible to bear and pay salaries and allowances of its employees by extending aid forever.

 RELEVENT CASES

-           PRAKEASH REKHI V. UNION OF INDIA 11/1980

 The question was whether a statutory company Indian Petroleum Corporation is a state under Article 12 or not. The court declare that Indian petroleum under the state article 12 .

-          Financial resource of the state being the chief funding source .

-          Prior history of the same activity being carried out by the government and made new body .

-          Plenary control residing in government .

-          Authority or command.

-          STATE OF RAJASTHAN V. ELECTRICITY BOARD

The Supreme Court held in this case  if any body create under the any law or any law constitution . Then those body have many power to effect the fundamental rights . If any body have these power then it is qualify by other authority. It is not necessary they perform government functions .

SUKHDEV SINGH V. BHAGAT RAM, AIR 1975

The Supreme Court said the statutory body such as ONGC/LIC/IFC which is settle under special statues are state under other authorities.

-          R.D SHETTY V. INTERNATIONAL AIRPORT AUTHORITY, AIR 1979

INTERNATIONAL AIRPORT AUTHORITY formulate AIRPORT AUTHORITY ACT AINTERNATIONAL AIRPORT AUTHORITY. The Central Government have powered to appoint the chairman and other member . the entire capital amount was required to INTERNATIONAL AIRPORT AUTHORITY was invested by the Central Government . The Central Government was also empowered to transfer the management of various airport . INTERNATIONAL AIRPORT AUTHORITY is a other authority under Article 12.

The court said that it is not necessary the body  should be government . If the private body has a  

- Degree of Control and

-Extra Ordinary Financial Assistance those  type of body is state instrument or agency .then the private body also  under the state article 12 .

-AJAY HASIA V. KHALID MUJI AIR1981

THE  SUPREME COURT SAID the body is under the state under Article 12. If these essential are available

-Entire share capital is held by the Government

    - Financial assistance

     -  Monopoly status

      -Deep and pervasive state control

-Function of the co- operation public importance or relating of government function

- A dept of the government is transferred to co – operation.

Conclusion

State include four organs union and state

Authorities, Local Authorities, Other Authorities, Authorities control under the Government of India.

- authorities means the power to makes laws , orders , regulations , bye-laws , notifications etc. which have the force of law and power to enforce those laws .

- Local authorities are municipalities , district boards, panchayats, improvement trust and mining settlement boards.

- other authorities  is used after mentioning few of them such as . The Government . Parliament of India ,The government and Legislature of each state and all local authorities.

- 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 many come under the control of the government of India such as mandatory or trustee territories.

 -Gagandeep Singh

RIMT School of Legal Studies.

 

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