Hello, today I am explaining Artical 12.
What is State? in Artical 12 What used to happen in earlier times, the Kings recognized their various rights and liberties is like an assurance that all these rights and liberties should be respected by the kings. Then slowly human thinking is also involved in it and it observes that few rights and freedoms are not for compromise. That should be always protected by the State. In 1928 Motilal Nehru observe that we should guarantee fundamental rights in such a manner that every situation is not to be withdrawn in any circumstance.
Most of the fundamental rights provided to the citizens are claimed against the state and not against the private bodies.
not let’s have a look at article 12 and define states that the following 4 authorities should be stated.
1 Government and parliament of India.
2 Government and legislature of State.
3 Local authorities.
4 other authorities.
Even if there was no article 12, then the first two authorities are confirmed.
Now the rest is the third and fourth authority.
So, let’s discuss that. Local Authority was mentioned in section 3(31) of the General Clauses Act. The local self-authorities are known as the local authorities.
Now, the dynamic nature of the state was captain mind where interpreting other authority and defining its hook.
Other authorities should derive their color from the preceding 3 authorities under Art 12.
Now, the question is – That all bodies that are made under some statute but mainly for a commercial purpose also state or not?
So, this question is cleared in the case of Sukhdev v. Bhagatram.
Now, following the earlier judgments. These are the five criteria that are given.
1 Financial resource of the state is the chief funding source.
2 Functional characters are governmental.
3 Plenary control residing in Govt.
4 Prior histories of the same activity being varied out by the Govt. and made over to the new body.
5 Some element of authority or command.
Finally, this gives us the determining case gives us criteria that help us to decide whether anybody is state or not.
So, this is the test that is widely followed.
1 Entire share capital is held by the Govt.
2 Financial Assistance
3. Monopoly status
4 Deep and pervasive state control
5 Function of the co-operation
6 A deep of the Govt. is transferred to cooperation.
I hope that Article 12 will be fully cleared now.
