As defined in Article 12 of the Constitution of India, 'State' includes:
- Parliament of India
- State Governments
- State Legislatures
- Local authorities in India
Select the answer using the code given below:
- AOption (a)
1 and 3 only
- BOption (b)
1, 2 and 3 only
- COption (c)
1, 2, 3 and 4
- DOption (d)
2 and 4 only
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Correct answer
1, 2, 3 and 4
Why this answer is correct
The correct answer is 1, 2, 3 and 4.
Key Points
- Article 12 of the Constitution of India defines 'State' to include the Government and Parliament of India, which refers to the Union Government and Legislature.
- It also encompasses the Government and Legislature of each State, referring to State Governments and State Legislatures.
- 'State' further includes local authorities, such as municipalities, panchayats, and other local governance bodies.
- The definition extends to other authorities within the territory of India or under the control of the Government of India.
- The comprehensive inclusion ensures that fundamental rights are enforceable against these entities under Part III of the Constitution.
Additional Information
- Article 12
- Part of the Indian Constitution under Chapter III, which deals with Fundamental Rights.
- Defines the entities against which Fundamental Rights can be enforced.
- Includes Government bodies, local authorities, and other authorities controlled by the Government of India.
- Local Authorities
- Refers to administrative bodies that govern specific areas, such as municipalities and panchayats.
- They are empowered by legislation to make decisions impacting local governance.
- Fundamental Rights
- Guaranteed under Part III of the Indian Constitution.
- Enforceable against the 'State' as defined in Article 12.
- Provide protection and freedoms to citizens, such as the right to equality, freedom, and constitutional remedies.
- Judicial Interpretation
- The Supreme Court and High Courts have expanded the definition of 'State' through various judgments.
- For example, in cases like Ajay Hasia v. Khalid Mujib, certain organizations controlled by the government were deemed to fall within the scope of 'State'.