Post ID : LW.CST.001
Our Constitution holds a great definition of "state," a crucial term that demands a detailed and comprehensive explanation. The constitution puts the definition under art.12, a more inclusive one, rather than being exclusive. The prime purpose of defining state under art. 12 of the constitution is for the smooth enforcement of fundamental rights. As we know, unlike other legal rights which are creation of state and given to individuals against one another , fundamental rights on the other hand can only be enforced against the state. Thus it is very important to comprehensively define what includes ‘state’.
Fundamental rights can be violated by the state, either directly or indirectly. In the former the officers of the state itself encroach upon the rights of individuals and the latter it may be due to the non responsiveness of state in respect of any action which is potentially an encroachment upon the fundamental rights of individuals. Thus It is prime duty of state to safeguard the fundamental rights of its subjects and citizens, and in no way it can escape out of its responsibility or liability for the same on the plea that action of any such violation is by a non state private entity and not state. In several such cases, what the court did is granting compensation or relief to the petitioners, without going detail into the question of whether it was a state action or not, (M C Mehta vs. Union of India also, shriram-oleum gas leakage case) thereby explicitly recognizing the threshold of duty to protect of fundamental rights by the state.
2. DEFINITION OF STATE
Art. 12 of the constitution of India clearly defines the authorities and instrumentalities which come under purview of the term “state”. The article is read as follows:
12. Definition In this part, unless the context otherwise requires, the State includes the Government and Parliament of India and 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.
According to Art. 12, the term ‘state’ include;
- the Government and Parliament of India:
- the Government and the Legislature of a State;
- all local authorities; and
- other authorities, within the territory of India, or under the control of the Central Government.
The first two categories, includes, the legislative and executive wings of the Union and State Government and also all possible varieties of the Government. They are quite specific, and self explanatory. The third one is the ‘local authorities’ which can be analysed