Definition of 'State' under Article 12 of the Constitution
Indian Polity & Governance
- PYQs8
- Articles1
Background
Essential for understanding the scope and enforceability of Fundamental Rights, the limits of state power, and the accountability of various public and quasi-public bodies to constitutional principles. It's a recurring theme in constitutional law and judicial review.
Article 12 of the Indian Constitution defines 'the State' for the purpose of Part III (Fundamental Rights), encompassing the Union and State governments, Parliament and State Legislatures, and all local or other authorities within the territory of India or under the control of the Government of India. This definition is crucial for determining against whom fundamental rights can be enforced.
Facts & tables
- Applicability
- Applicable exclusively to Part III (Fundamental Rights) of the Constitution.
- Components
- Includes Executive and Legislative organs of the Union and States, and local authorities.
- Interpretation of 'Other Authorities'
- 'Other authorities' has been broadly interpreted by the judiciary to include bodies performing public functions or under deep and pervasive government control.
- Significance
- Crucial for determining the enforceability of Fundamental Rights against various entities.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Supreme Court of India | Interprets and expands the scope of 'state' through judicial pronouncements |
Prelims angle
Prelims angle: Statement-based questions
Prelims angle: Factual recall
- Defines 'State' for Part III.
- Includes Union/State Govts, Legislatures, local authorities.
- 'Other authorities' judicially interpreted.
- Crucial for Fundamental Rights enforcement.
- Not identical to 'public authority' under RTI.
| Year | Framing tags |
|---|---|
| 2025 | Statement-based questions, Conceptual understanding |
| 2025 | Statement-based questions, Factual recall |
| 2024 | Factual recall, Conceptual understanding |
| 2023 | Statement-based questions, Conceptual understanding |
| 2021 | Conceptual understanding, Factual recall |
| 2021 | Statement-based questions, Factual recall |
| 2018 | Multi-statement analysis, Factual recall |
| 2018 | Conceptual understanding, Factual recall |
Timeline
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Indian Polity & Governance
Conceptual area
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Prelims 2018
Multi-statement analysis, Factual recall
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Prelims 2018
Conceptual understanding, Factual recall
-
Prelims 2021
Conceptual understanding, Factual recall
-
Prelims 2021
Statement-based questions, Factual recall
-
Prelims 2023
Statement-based questions, Conceptual understanding
-
Prelims 2024
Factual recall, Conceptual understanding
-
Prelims 2025
Statement-based questions, Conceptual understanding
-
Prelims 2025
Statement-based questions, Factual recall
-
How has the BCCI resisted RTI scrutiny?
Article 12 defines 'the State' for Fundamental Rights, including government bodies and 'other authorities' under significant government control, determining against whom these rights can be enforced.
See also
Past papers
2018–2025 · 8 questions
In the news
How has the BCCI resisted RTI scrutiny?
Article 12 defines 'the State' for Fundamental Rights, including government bodies and 'other authorities' under significant government control, determining against whom these rights can be enforced.
Try these PYQs
Consider the following pairs:
Provision in the Constitution of India – Stated under
I. Separation of Judiciary from the Executive in the public services of the State : The Directive Principles of the State Policy
II. Valuing and preserving of the rich heritage of our composite culture : The Fundamental Duties
III. Prohibition of employment of children below the age of 14 years in factories : The Fundamental Rights
How many of the above pairs are correctly matched?
Each of these constitutional provisions is accurately linked to its correct part within the Constitution of India. ✅ Pair I: Directive Principles of State Policy – Correct
* Article 50 mandates the separation of the judiciary from the executive in the public services of the State. ✅ Pair II: Fundamental Duties – Correct
* Article 51A(f) states that citizens must value and preserve the rich heritage of our composite culture. ✅ Pair III: Fundamental Rights – Correct
* Article 24 prohibits the employment of children below 14 years in hazardous work such as factories or mines.
Consider the following statements in respect of Bharat Ratna and Padma Awards:
1. Bharat Ratna and Padma Awards are titles under the Article 18(1) of the Constitution of India.
2. Padma Awards, which were instituted in the year 1954, were suspended only once.
3. The number of Bharat Ratna Awards is restricted to a maximum of five in a particular year.
Which of the above statements are not correct?
Statement 1 is incorrect: The national awards such as Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri do not amount to titles within the meaning of Article 18(1) of the Constitution. Statement 2 is incorrect: Padma awards were instituted in the year 1954 and have been suspended in years 1978, 1979, 1993, and 1997. Statement 3 is incorrect: Although there is a general guideline to limit the Bharat Ratna to three recipients per year, this rule has been exceeded twice: In 1999, four awards were conferred (Jayaprakash Narayan, Amartya Sen, Gopinath Bordoloi, and Ravi Shankar) and in 2024, Five awards were conferred (M.S. Swaminathan, P.V. Narasimha Rao, Chaudhary Charan Singh, Karpoori Thakur, and L.K. Advani).
Consider the following statements:
Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of the administration.
Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.
Which one of the following is correct in respect of the above statements?
* Statement I is correct: It has frequently been argued that reservation is contrary to efficiency and merit. Even the Supreme Court of India appeared to have agreed with this argument in some of its judgments, holding that Article 335 mention of the term efficiency of administration will limit the scope of Article 16(4) provision for reservation in services. * Statement II is incorrect: Article 335 of the Constitution of India states that the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State. * Article 335 of the Indian Constitution only mentions the efficiency of administration and does not define the same.
Consider the following statements :
1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualifications laid down by the concerned State Council of Teacher Education.
2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
3. In India, more than 90% of teacher education institutions are directly under the State Governments.
Which of the statements given above is/are correct?
Statement 1 is incorrect: As per the RTE Act, the minimum qualification for teachers is set by the National Council for Teacher Education (NCTE), not the state council. Statement 2 is correct: The RTE Act mandates that candidates must pass the Teacher Eligibility Test (TET) to qualify for teaching primary classes. The NCTE sets the guidelines for conducting this test. Statement 3 is incorrect: According to the All India Survey on Higher Education (AISHE) 2019-20, approximately 67% of teacher education institutions in India are privately managed, while only around 33% are government-run. Hence, the correct answer is option (b) 2 only.
‘Right to privacy’ is protected under which Article of the Constitution of India?
The right to privacy in India is not explicitly mentioned in a single article of the Constitution. However, it is considered an intrinsic part of the fundamental right to life and liberty guaranteed under Article 21. This recognition came about through a landmark Supreme Court judgment in 2017, K.S. Puttaswamy (Retd) vs Union of India. The court ruled that the right to privacy is an inseparable part of the right to life and personal liberty, and is protected under Article 21.
Show 3 more PYQs
Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
Right to Privacy and Article 21: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. In the landmark 2017 judgment of K.S. Puttaswamy (Retd.) vs. Union of India, the Supreme Court of India unanimously held that the right to privacy is an intrinsic part of Article 21. This ruling reinforced privacy as a fundamental right, ensuring protection against unwarranted state and private intrusions. Part III of the Constitution covers Fundamental Rights, which include: - Article 19: Right to freedom of speech and expression, freedom of movement, and other essential liberties. - Article 21: Right to life and personal liberty, which now includes privacy after the Puttaswamy judgment. Article 14: Ensures equality before the law, but does not explicitly deal with privacy. Article 17: Abolishes untouchability. Directive Principles of State Policy (DPSPs) are non-enforceable guidelines, not fundamental rights. Article 24: Prohibits child labor but has no relation to privacy. Thus, the right to privacy is most closely linked to Article 21 and the freedoms guaranteed in Part III of the Indian Constitution. Hence the correct answer is option (c).
With reference to the Indian polity, consider the following statements:
I. An Ordinance can amend any Central Act.
II. An Ordinance can abridge a Fundamental Right.
III. An Ordinance can come into effect from a back date.
Which of the statements given above are correct?
An Ordinance is a temporary law issued by the President (Article 123) or Governor (Article 213) when the legislature is not in session. It holds the same force as a regular law, but must adhere to constitutional limits. ✅ Statement I: Correct
* An Ordinance can amend any Central Act, just like a Parliamentary law, subject to constitutional provisions. ❌ Statement II: Incorrect
* Ordinances cannot abridge Fundamental Rights as per Article 13(2) of the Constitution. Any such provision is void. ✅ Statement III: Correct
* Ordinances can be given retrospective effect, i.e., they can be enforced from a past date.
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
* The Supreme Court of India, in its landmark judgment in Justice K.S. Puttaswamy (Retd.) vs Union of India (2017), declared that the Right to Privacy is a fundamental right enshrined in the Constitution of India. * The court held that this right is protected under Article 21 of the Constitution, which guarantees the Right to Life and Personal Liberty. * Article 21: States that 'No person shall be deprived of his life or personal liberty except according to the procedure established by law.' The court interpreted 'personal liberty' broadly to include various aspects of privacy. _While the other options are fundamental rights, they are not directly where the Right to Privacy is placed:_ * Article 15: Prohibits discrimination on grounds of religion, race, caste, sex or place of birth. * Article 16: Guarantees equality of opportunity in matters of public employment. * Article 19: Guarantees certain freedoms like speech and expression, assembly, etc.