Constitution of Bharat: Article 12: Part 2

 

Article 12 of the Indian Constitution defines what constitutes the "State" for the purposes of Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy). This definition is crucial because it determines which entities are bound by the constitutional obligations to respect, protect, and fulfill fundamental rights. Here's an analysis of how amendments and enactments at both central and state levels have interacted with or been influenced by Article 12:

Effects of Amendments:

1. Judicial Expansion of "State" Definition:
   • Over time, through judicial interpretations, the term "State" has been expanded to include various statutory bodies, public corporations, and entities that perform governmental or quasi-governmental functions. For instance, in cases like Rajasthan State Electricity Board v. Mohanlal and Ramana Dayaram Shetty v. The International Airport Authority of India, the Supreme Court clarified that entities with deep and pervasive state control or those performing public functions could be considered "State" under Article 12. This means that amendments or laws affecting the structure or functions of these entities can potentially extend or limit the application of fundamental rights.

     
2. Amendments Affecting Local and Other Authorities:
   • Amendments to the Constitution, like those concerning local governance (73rd and 74th Amendments), have altered the landscape of what constitutes "State" by empowering Panchayats and Municipalities, which are now explicitly included under Article 12 for the enforcement of fundamental rights.

     
3. Basic Structure Doctrine:
   • Although not directly amending Article 12, the 24th Amendment, which introduced clause (4) to Article 13, and the subsequent judicial doctrine of "Basic Structure" from the Kesavananda Bharati case, have implications for how Article 12 is viewed. Amendments cannot alter the basic structure of the Constitution, which includes fundamental rights, thereby ensuring that the definition or interpretation of "State" under Article 12 remains consistent with the Constitution's core principles.

     

Effects of Central and State Enactments:

1. Legislation Creating or Modifying State Bodies:
   • Central enactments that create or modify bodies like public sector undertakings, regulatory commissions, or administrative authorities often come under scrutiny regarding their status as "State" under Article 12. For example, laws setting up entities like the Life Insurance Corporation of India (LIC) or the Oil and Natural Gas Corporation (ONGC) have been interpreted to bring these organizations within the ambit of Article 12, subjecting them to fundamental rights obligations.

     
2. State Laws on Local Bodies:
   • State legislatures enact laws governing local bodies like municipalities and panchayats. These laws, while not amending the Constitution, define the powers, functions, and structures of these bodies, which are then considered part of the "State" under Article 12, ensuring they are accountable for fundamental rights enforcement.

     
3. Privatization and Public-Private Partnerships:
   • With the trend towards privatization, central and state enactments that involve transferring state functions to private entities have led to discussions about whether these entities should be considered "State" for the purpose of fundamental rights. While the core definition in Article 12 remains unchanged, how these enactments are implemented can affect legal interpretations in court.
4. Statutory Bodies and Regulatory Frameworks:
   • New statutory bodies or changes to existing ones through central or state legislation directly influence what qualifies as "State". For example, laws creating tribunals, commissions, or boards with regulatory or administrative functions extend the definition of "State" if these bodies perform public duties or are under significant governmental control.

In summary, amendments to the Indian Constitution and enactments by both central and state governments can either explicitly or implicitly impact the scope of "State" under Article 12. These changes affect how broadly or narrowly fundamental rights are protected across various governmental and quasi-governmental entities, reflecting the dynamic nature of constitutional interpretation in India.