Facts about Article 12 of the Constitution of India
What is Article 12 of the Constitution of India?
Article 12 of the Constitution of India provides a crucial definition of the term “State” within the context of the Constitution. This definition encompasses various entities instrumental in governance. It includes the Government and Parliament of India, along with the Governments and Legislatures of each State within the country. Furthermore, all local authorities operating within Indian territory fall under this definition, extending to other authorities within the nation’s borders or under the control of the Indian government. This broad definition is pivotal as it ensures that fundamental rights guaranteed by the Constitution are applicable not only to central and state governments but also to other bodies exercising governmental functions, thus safeguarding the rights of citizens across different levels of governance.
Is Article 12 a Fundamnetal Right under Constitution?
No, Article 12 of the Constitution of India is not a fundamental right itself but rather provides a definition crucial for the interpretation and application of fundamental rights. It defines the term “State” within the context of the Constitution, encompassing various entities instrumental in governance, such as the Government and Parliament of India, the Governments and Legislatures of each State, and local authorities. This definition is essential as it ensures that fundamental rights guaranteed by the Constitution are applicable not only to central and state governments but also to other bodies exercising governmental functions. While Article 12 itself does not confer any fundamental rights, it lays the foundation for the protection and enforcement of fundamental rights by clarifying the scope of governmental authority and responsibility under the Constitution.
Is Judiciary a State under Article 12 of the Constitution?
No, the Judiciary is not explicitly considered a “State” under Article 12 of the Constitution of India. Article 12 defines the term “State” to include the Government and Parliament of India, the Government and Legislatures of each State, and other local or authorities within the territory of India or under the control of Government of India. While the Judiciary is not expressly mentioned in Article 12, it operates as an independent organ of the state tasked with the interpretation and enforcement of laws, including fundamental rights. However, the actions of the Judiciary are subject to the principles of constitutionalism, judicial review, and the protection of fundamental rights, ensuring its accountability and adherence to the constitutional framework. Therefore, while the Judiciary is not explicitly classified as a “State” under Article 12, it plays a crucial role in upholding the rule of law and ensuring the protection of fundamental rights in India.