Article 12 Of Indian Constitution UPSC Notes With Case Laws

Article 12 Of Indian Constitution

Article 12 Of Indian Constitution UPSC Notes With Case Laws

Hello Friend, In this post “Article 12 Of Indian Constitution UPSC Notes With Case Laws“, We will read about “Article 12 Of Indian Constitution” with its all aspects in Detail. So…

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Introduction

According to article 12 of the Indian Constitution, the term ‘State’ is often used to denote the union and state government, the parliament and state legislatures, and every local or other authority within the territory of India or under the control of the Indian government.

Over a period of time, The supreme court has expanded the ambit of ‘State’ to include corporations like LIC and ONGC since they perform tasks “very close to governmental or sovereign functions

“.

In fact, the term “State” also accommodates any authority that’s created by the constitution of India

 and has the power to make laws. It need not perform governmental or sovereign functions.

Not all statuary bodies can be termed as “State”

Both statutory and non-statutory bodies are often considered state-provided they get financial resources from the govt and “have deep pervasive control of the government and with functional characters”. ONGC, Delhi transport corporation, IDBI, and Electricity Boards are referred to as a “state”.

However, entities like NCERT can’t be considered a ‘state’ as they’re not substantially financed by the government, and the government control is not pervasive.

Does the State Include Judiciary?

Although there is no specific mention of the judiciary in Article 12, a legal expert is of the opinion that the Judiciary should be included in the definition of the state. according to one school of thought, the Supreme Court has the power to make rules (to regulate practice and procedure of the court), appoint its staff, and decide the conditions of its services (as mentioned in article 145 and 146 of the Indian Constitution).

 Hence, it performed the role of a state.

In one of its latest observations, the apex Court has held at Judiciary are often considered as a ‘state’

 as far as its rule-making power is concerned, but it might not be considered so when it exercises its judicial powers.

Also, read:

Cooperative Societies (Article 12 of the Indian constitution)

Whether the cooperative societies could be considered as a state or not.

Argument against

  • The societies are autonomous bodies and merely because the officers functioning under the society’s acts have gotten supervisory control over the societies won’t make the society public authorities.
  • These societies are not owned, controlled, or substantially financed directly or indirectly, by the state government.
  • The societies are not statutory bodies and are not performing any public functions and can not come within the expression “state” within the meaning under article 12 of the Constitution of India.

Arguments for

  • A circular was issued by the registrar taking into consideration the larger public interest so as to promote transparency and accountability in the working of every co-operative society concerned in the state.
  • The registrar has got all-pervading control over the societies, including audit, inquiry, and inspection, and therefore the power to initiate surcharge proceedings.
  • Under Section 32 of the societies act to supersede the management of society and appoint an administrator.

Cases Related to Article 12 of the Indian Constitution

The Supreme Court judgment in Muloor co-operative society vs State of Kerala case (2008) held that co-operative society will not fall within the expression “state” or “instrumentality of the state” within the meanings of article 12 of Constitution.

Thanks For Reading “Article 12 Of Indian Constitution UPSC Notes With Case Laws“.

Also, read:

  1. List of all Salients Features of Indian Constitution
  2. Article 20 of the Indian constitution

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