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State under Article 12: The Reach of Constitutional Accountability

The definition of “State” under Article 12 of the Constitution of India is one of the most litigated definitional provisions in Indian constitutional law. It determines the reach of Part III (Fundamental Rights)—which are guarantees against State action only. Private violations of what appear to be fundamental rights are generally not enforceable under Part III; they must be addressed through ordinary law or tort. The progressive judicial expansion of “other authorities” under Article 12 has significantly extended constitutional accountability.

Textual Components

Article 12 includes four categories of “State”:

1. Government and Parliament of India: All arms of the Union executive and the central legislature.
2. Government and Legislature of each State: All arms of the State executive and State legislatures.
3. Local Authorities: Municipal corporations, panchayats, port trusts, and other bodies exercising local government functions—established by statute and exercising local jurisdiction.
4. Other Authorities within India or under control of GOI: This open-ended category has been the principal site of constitutional litigation.

Expansion of Other Authorities: Judicial Journey

The landmark evolution of “other authorities”:

• University of Madras v. Santa Bai AIR 1954 Mad: Ejusdem generis — other authorities = authorities of like nature to government bodies.
• Rajasthan State Electricity Board v. Mohan Lal AIR 1967 SC 1857: Statutory bodies with power to make binding rules = State.
• Sukhdev Singh v. Bhagatram Sardar Singh (1975) 1 SCC 421: LIC, ONGC = State because created by statute with extensive government control.
• Ramana Dayaram Shetty v. International Airport Authority AIR 1979 SC 1628 (Justice Bhagwati): Seven-factor “deep and pervasive control” test — if government owns majority, finances, controls, these corporations are State.
• Ajay Hasia v. Khalid Mujib AIR 1981 SC 487: Private society created by government = State if funded and controlled by government.
• Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) 5 SCC 111: Refined the test — CSIR labs held to be State.

Purely Private Bodies

Purely private entities—companies incorporated under the Companies Act without government ownership or statutory backing—are generally NOT State under Article 12, even if they perform quasi-public functions. In Zee Telefilms Ltd v. Union of India (2005) 4 SCC 649, the Supreme Court held that BCCI (a private sports body) is not State. However, where a private party exercises governmental powers or receives extensive government funding with public accountability, courts have held them to be State.

State under Ordinary Law vs. Constitution

Under ordinary statutes (GCA Section 2(17)), “the State” refers to the Government. Under the CPC, the “Central Government” or “State Government” is a juridical person that can sue and be sued (CPC Section 79). The constitutional definition under Article 12 is broader and purposive—designed to ensure that entities which exercise governmental power cannot escape constitutional accountability by dressing themselves in private corporate form.

“The concept of State has been expanded to match the reality of the modern welfare state, where government power is exercised through a multitude of forms. Any body exercising governmental power is State for constitutional purposes.”