Introduction
Our Constitution has provided us with the definition of State under Article 12. It is important to know the definition of State because in the latter parts of our constitution, for instance, Article 36[Directive Principle of State Police], Article 152[functioning and handling of States] and Article 308[services allocated under Union and States], the word State has been used. Therefore, it is important to know what constitutes State.
Definition
As per Article 12 state includes:
- Government and Parliament of India: Government means the group of people with the authority to govern a Country or State. Parliament shall consist Lok Sabha and Rajya Sabha.
- Government and Parliament of each state: The state legislature of each State comprises the Governor, Legislative Council, and Legislative Assembly.
- Local Authorities
Authority means:
- Power to make rules, by-laws, regulations notifications and statutory orders.
- Power to enforce them.
“Local Authority” under General Clause Act means a municipal committee, district board, a body of port commissioners or other authority legally entitled to, or entrusted by the government with the control or management of a municipal or local fund.
- Other Authorities: Other Authorities must be within the territory of India and under the control of the Government of India.
The clause of “other authorities” which comes under the definition of State is a wide concept and many cases have interpreted this term differently.
Different cases which interpreted Article 12
If different bodies performed same types of functions which could be like the Government or sovereign function, then they could be clubbed under one head. Taking together this group of bodies is known as ‘Ejusdem Generis’. This held in the case of the University of Madras vs. Shanta Bai, 1951. This term involved great subjectivity because judges started to categories bodies as States according to their own wish. Therefore, this term rejected in the case of Ujjam Bai vs. Union of India,1961.
In Rajasthan State Electricity Board vs. Mohan Lal, 1967, the important conditions of the State are the Constitution of India should have created it. Moreover, it should have the power to make laws. In addition, the functions should be related to Governmental or Sovereign functions.
Whether Judiciary is a state?
In a landmark judgment of A.R. Antulay vs. R.S. Nayak, 1988, and Naresh Shridhar Mirajkar vs. the State of Maharashtra, 1966, it was said that only administrative functions of the court can be termed as a state. Moreover, the exercising of judicial functions will not be termed as State.
Since the times have changed, the definition of ‘State’ has also modified. This is happening because of the word ‘other authorities’ in the definition of State. Thus, it is not static and will not be so. Only a regulatory power to make rules for any statutory or nonstatutory body will not make a body deemed as a State. In conclusion, it should be financially, functionally and administratively should be controlled by the Government.