Summary of What is Definition of State Under Article 12 of Indian Constitution | Concept Explained!

Summary of "What is Definition of State Under Article 12 of Indian Constitution | Concept Explained!"

The video explains the concept and judicial interpretation of the term "State" under Article 12 of the Indian Constitution, which is crucial for understanding the enforcement of Fundamental Rights. Article 12 defines "State" to include:

• Central Government and Parliament
• State Governments and State Legislatures
• Local authorities and other authorities (the latter being vague and subject to judicial interpretation)

The video discusses how Indian courts have clarified the ambiguous term "other authorities" through various landmark judgments, establishing criteria to determine whether a particular body qualifies as "State" under Article 12.

---

Main Ideas and Concepts

• Article 12 Definition of State: Includes central government, state governments, and local/other authorities.
• Importance: Identifying what constitutes the "State" is essential for determining when Fundamental Rights are enforceable.
• Judicial Interpretation: Courts have developed tests and principles to decide if a body is a "State."

---

Key Judicial Cases and Principles Explained

1. University of Madras vs Shantabai
   • Issue: Whether a university is a "State."
   • Verdict: University is not a State.
   • Reason: It is not a "body generalist" (does not perform governmental functions like legislature or executive).
   • Explanation of "body generalist": Similar bodies should be grouped together based on their nature and function.
2. Ujjain Bhai vs State of UP
   • Rejected the "body generalist" doctrine from the Madras case.
3. Rajasthan Electricity Board vs Mohanlal
   • Held that if a body is created by a statute or constitution, it is considered a State regardless of its function.
4. Sukhdev vs Bhagat
   • Focused on the origin of the body (how it was incorporated) rather than its function.
   • Recognized bodies like ONGC and LIC as State.
5. Rod Shetty vs International Airport Authority
   • Introduced the "degree of control" test.
   • If the government exercises high control over the body, it is considered a State.
   • Also considered the extent of financial assistance from the government.
6. Somprakash vs Union of India (First time five tests prescribed)
   • Tests to identify a State body:
     • Amount of funds received from the government.
     • Functional character of the body.
     • Degree of governmental control.
     • History of the function (if previously discharged by the State).
     • Whether the body is subject to State authority and command.
7. Ajay Hasia vs Khalid Majeed (Six tests prescribed)
   • Expanded tests to identify a State:
     1. Degree of government control.
     2. Financial assistance from the government.
     3. Nature of the function (whether it is a function traditionally monopolized by the State).
     4. Degree of persuasive control by the State.
     5. Whether the function was ever performed by a State department.
     6. Whether the function of the State has been transferred to the body.

---

Summary of the Methodology to Determine "State" under Article 12

• Step 1: Check if the body is the central or state government or legislature (automatically included).
• Step 2: If a local authority, it is included.
• Step 3: For other authorities, apply judicial tests:
  • Origin of the body (created by statute/constitution).
  • Degree of control exercised by the government.
  • Extent of financial support from the government.
  • Nature of the functions performed (governmental or private).
  • History of the function (whether previously performed by the government).
  • Whether the State has transferred its functions to the body.
  • Whether the body is subject to the command and control of the government.

---

Speakers / Sources Featured

• The video primarily features a single narrator explaining the concepts.
• References to various landmark Supreme Court cases:
  • University of Madras vs Shantabai
  • Ujjain Bhai vs State of UP
  • Rajasthan Electricity Board vs Mohanlal
  • Sukhdev vs Bhagat
  • Rod Shetty vs International Airport Authority
  • Somprakash vs Union of India
  • Ajay Hasia vs Khalid Majeed

---

This summary clarifies the evolving judicial approach to defining "State" under Article 12, emphasizing the balance between origin, control, function, and financial dependence in determining whether a body is covered by the constitutional definition.

Category

Educational

Video