STATE

STATE 

Definition of State: 

Article 12 defines the “state”. The state includes the Govemment and Parliament oflndia and  the Govemment and the Leøslature of each of the States and all local or other authorities  the territory of India or under the control of the Government of India. Thus, Article 12 is an  interpretative Article and has been interpreted by the Supreme Court at various times in  various ways. According to various interpretations of the term state as given by Supreme  Court, the State includes the following: 

Executive and Legislature of Union and States: 

It would obviously include; Union and State government and parliament and state  legislatures. The acting president of India and governors ofstates, which form part ofthe  executive. The term government includes a departrnent ofgovemment or any institution  under the control of a government department e.g. the I.T. or Excise department; the Forest  Research Institute, Dehradun etc. 

Local authorities: 

The expression as defined in Sec. 3 of the General Clauses Act refers to authorities like  Municipalities, District Boards, Panchayats etc. 

Other authorities: 

The expression other authorities in Anicle 12 is used after mentioning the executive  and legislature of union and ntes, and all local authorities. Thus, it was held that it  could only indicate authorities exercising governmental or sovereign ft.nctions. It  cannot include persons, natural or ju.ristic e.g. University unless it is maintained by  the state.