Fundamental Rights (Part III) protect citizens against state action. Therefore, the definition of "State" in Article 12 is the gateway to seeking any fundamental remedy.
1. The Four Pillars of "State" under Article 12
According to Article 12, the State includes:
- The Government and Parliament of India (Executive and Legislature of the Union).
- The Government and the Legislature of each of the States.
- All Local Authorities (Municipalities, District Boards, Panchayats, Improvement Trusts).
- Other Authorities within the territory of India or under the control of the Government of India.
2. The Judicial Evolution of "Other Authorities"
The term "Other Authorities" was not defined in the Constitution, leaving it to the Supreme Court to construct its scope through decades of case law:
- Rajasthan Electricity Board v. Mohan Lal (1967): The Court held that "other authorities" includes all bodies created by a statute on which powers are conferred by law, even if they carry on commercial or trade functions.
- R.D. Shetty v. International Airport Authority (1979): Justice P.N. Bhagwati formulated the landmark Instrumentality or Agency of the State Test consisting of five criteria:
- The entire share capital is held by the government.
- Deep and pervasive state control over the body.
- The functions performed are of public importance and closely related to governmental functions.
- The government grants monopoly status to the body.
- A government department is transferred to the corporation.
- Ajay Hasia v. Khalid Mujib (1981): Applied the International Airport Authority test to hold that a registered society (Regional Engineering College) is a "State" under Article 12. The corporate character of a body is irrelevant; the test is whether it acts as a government agency.
- Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002): A 7-judge bench clarified that to classify a body as "State", it must be proved that the body is functionally, financially, and administratively dominated by or under the control of the government.
3. Is the Judiciary "State" under Article 12?
The Supreme Court in Naresh Shridhar Mirajkar v. State of Maharashtra held that while performing its administrative functions, the judiciary represents "State." However, while performing its judicial functions (deciding cases), a court is not "State" and its judicial orders cannot be challenged for violating fundamental rights (the correct remedy is an appeal, not a writ of violation).