Introduction
Fundamental Rights also referred to as the Magna Carta of the Constitution are the rights that played an important role in giving social, political, economic justice to the citizens of the country. These rights are expressly mentioned from Article 12 to 35, part 3 of the constitution. These rights apply to all citizens irrespective of religion, race, caste, sex, or place of birth.
Article 12 was originally introduced in the draft constitution as Article 7. The definition of the state is given in Article 12 and 36 of the constitution of India. The Citizens of India can file a writ petition under Article 32 and 226 against the state for a violation of the fundamental rights given to the citizens. These are claimed against the state and not against private bodies or individuals.
Definition
The state is defined in Article 12 and 36 of the constitution of India. The state is defined as:
1) Government and Parliament of India.
2) Government and Legislature of states.
3) Local Self Government within the territory of India.
4) Any other authorities who are under the control of the government of India.
Government and Parliament of India i.e. the Executive and Legislature of the Union. Here Parliament shall consist of the President, the Council of states, and the House of the people. Government and Legislature of each of the states i.e. the executive and legislature of various states of India. And, it includes the Governor, the Legislative Council, and the Legislative Assembly. ‘Authority’ in article 12 of the constitution means the body having the power to make rules, regulations, bye-laws, notifications, and also having powers to enforce them. Local Self Government means municipal boards and panchayats.
Whether Judiciary is a state or not?
In the case of Naresh vs the state of Maharashtra, the Supreme Court held that the Judiciary is not the part of the Other Authority in article 12 of the Constitution. But in the case of A.R.Antulay vs R.S.Naik, Supreme Court held that the Judiciary is a part of Other Authority in Article 12 of the Constitution. Therefore, it is a state.
Whether Educational Institutions are state or not?
In the case of the University of Madras vs Shanta Bai (1954), the Supreme Court rejected the principle given in the University of Madras case which is Ejusdem generis and it held that all educational institutions are a state given in article 12 of the constitution.
Whether Banking Institution is a State or not?
The Supreme Court in the case of Jolly George Wargis vs State Bank of Cochin held that every Banking Institution is a State, given in article 12 of the constitution.
Whether the International Airport Authority is a State or not?
The Supreme Court in the case of R.D.Shetty vs International Airport Authority held that the International Airport Authority is a state under article 12 of the constitution.
Conclusion
The scope of State in Article 12 becomes very important as the fundamental rights can be enforced only against the state. The Judiciary tries its best to include more and more bodies under the purview of the state so that more citizens are able to enforce the fundamental rights against the state. The scope of the state is increasing day by day to provide justice to people whose fundamental rights are violated.
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