Definition of the State
Official heading: “Definition”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part III, Article 12
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
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1. In One Sentence
Defines "the State" for Fundamental Rights to include the central government, Parliament, state governments, assemblies, municipalities, panchayats, and all public authorities.
2. What It Means in Everyday Language
Fundamental Rights guaranteed in Part III primarily act as constitutional shields protecting citizens from arbitrary power exercised by "the State". Article 12 sets the boundaries of who must obey these rights.
According to Article 12, "the State" includes: (1) The Government and Parliament of India (the central executive and legislature), (2) The Government and Legislature of each State, (3) All local authorities (such as municipal corporations, town councils, village panchayats, and district boards), and (4) All "other authorities" within India or under central control.
Landmark judicial expansion: The Supreme Court expanded "other authorities" to include public sector corporations, statutory bodies, government-funded agencies, and state instrumentalities (such as public universities, LIC, ONGC, or airport authorities) in landmark cases like Ajay Hasia (1981) and Pradeep Kumar Biswas (2002). If an entity is financially, functionally, and administratively dominated by the government, it is treated as "the State" and cannot violate Fundamental Rights.
3. Practical Illustrative Example
A municipal corporation or state-owned transport board enacts an arbitrary policy denying services or employment to certain individuals without rational basis.
4. Important Limits, Qualifications & Exceptions
Establishes the jurisdictional threshold of Part III by defining which authorities are bound by Fundamental Rights.
- Four categories: Central government/Parliament, State governments/Assemblies, local authorities, and other authorities.
- Instrumentality test: Bodies under deep and pervasive state control are bound by Part III obligations.
- Limited horizontal application: Purely private bodies are generally excluded unless exercising sovereign public functions.
- Judiciary status: The judiciary is treated as the State in its administrative capacity; judicial orders are challenged through appeals rather than Article 32 writ petitions.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part III, Article 12 • Human source-link check pending
Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice.
- •Supreme Court of India • (1981) 1 SCC 722 • Human source-link check pending
Judgment of the Supreme Court of India, cited to the official Supreme Court Reports (SCR).
- •Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume VII, 25 November 1948 • Human source-link check pending
Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.