Indian Constitution

1. Bhargav Dangar
Seat no. ‘26’
Constitutional Law I

2.  Article 12 defines the term ‘State’ as used in
different Articles of Part III of the Indian
constitution.
 The term ‘State’ includes executive as well as
the legislative organs of the Union & state.

3. 1. The Govt. & Parliament of India i. e.,
Executive and Legislature of the Union.
2. The Govt. & the Legislature of each State,
i.e., Executive & Legislature of States.
3. All local or other authority within the territory
of India.
4. All local & other authorities under the
control of the Government of India.

4.  Authority means a person or body exercising
power to command. In the context of Article
12, the word “authority” means the power to
make laws, orders, regulations, bye-laws,
notification etc.

5. (A) Local Authority:
‘Local authority’ as defined in section 3
(31) of the General Clauses Act refers to authorities like
Municipalities, District Boards, Panchayats,
Improvement Trust & Mining Settlement Boards.
(B) Other Authorities :
In Article 12 the expression ‘other
authorities’ is used after mentioning a few of them, such
as, the government, Parliament of India, the Government
& Legislature of each of the state & all local authorities.

6.  Pradeep Kumar Biswas v. Indian institute of
Chemical Biology, (2002)
A seven Judge Bench of the Supreme Court by a
majority of 5:2 held that CSIR is an instrument of “the
state” falling within the scope of article 12. The multiple
state which to be applied to ascertain the character of a
body as falling within Article 12 or outside is to ascertain
the nature of financial, functional & administrative
control of the state over it & whether it is dominated by
the state Govt. & the control can be said to be so deep &
pervasive so as to satisfy court “of brooding presence of
the Govt.” on the activities of the body concerned.