Article 12 of the Indian Constitution provides a broad definition of the term "State" for the purposes of enforcing fundamental rights as outlined in Part III of the Constitution. This definition is crucial for determining which entities are subject to judicial review regarding their actions that may infringe upon fundamental rights.
Definition of "State" under Article 12
Article 12 states that "the State" includes:
1.The Government and Parliament of India: This encompasses both the executive and legislative branches at the national level.
2. The Government and Legislature of each State: This includes state governments and their respective legislative bodies.
3. All local authorities: This refers to entities like municipalities, panchayats, and district boards.
4. Other authorities: This phrase is critical as it extends the definition beyond those explicitly mentioned.
Concept of "Other Authorities"
The term "other authorities" is not explicitly defined in the Constitution, leading to judicial interpretations over time. The Supreme Court has clarified that this term can encompass various entities that perform public functions or have governmental characteristics.
Judicial Interpretation
Several landmark cases have shaped the understanding of "other authorities":
1. Ramana Dayaram Shetty v. International Airport Authority of India (1979): The Supreme Court ruled that any entity created by statute or exercising governmental functions could be considered an "authority" under Article 12. The court established criteria for determining whether an entity qualifies:
- It must be created by a statute.
- It should perform functions that are governmental in nature.
- It must be under significant government control.
2. Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975): The Oil and Natural Gas Commission was deemed an "other authority" as it performed public functions, thus making its actions subject to judicial review.
3. Rajasthan Electricity Board v. Mohan Lal (1967): The court affirmed that public utility services provided by statutory bodies fall within the ambit of "other authorities," reinforcing their accountability under fundamental rights.
Key Characteristics
To be classified as an "other authority," an entity typically exhibits the following characteristics:
- Public Function: It must engage in activities that serve the public interest.
- Government Control: There should be substantial oversight or control by government bodies.
- Statutory Creation: While many entities are created by legislation, some may also qualify based on their functional role in governance.
Implications
Entities classified as "other authorities" under Article 12 are subject to judicial scrutiny regarding their adherence to fundamental rights. This means individuals can challenge actions taken by these authorities in courts if they believe their rights have been violated.
Conclusion
The concept of "other authorities" under Article 12 plays a vital role in ensuring accountability and protecting fundamental rights in India. Through various judicial interpretations, it has been established that a wide range of entities performing public functions can fall under this category, thereby extending the reach of constitutional protections against arbitrary actions by such bodies.
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