Article 12 defines 'the State' to include the Government and Parliament of India, the Government and the Legislature of each of the States, all local authorities, and other authorities within the territory of India or under the control of the Government of India. Judicial interpretation has expanded 'other authorities' to include bodies and agencies that are instruments of the State, even if private, if they perform public functions or are under deep and pervasive government control.
The term 'State' under Article 12 of the Constitution of India includes: 1. Government of India and Parliament 2. Municipalities, Panchayats and District boards 3. Any private agency working as an instrument of the State Select the correct answer code:
Asked in GPSC Prelims CSP 1 2024 · Topic: Fundamental Rights (Definition of 'State' (Article 12) and Laws Inconsistent with FRs (Article 13))
More Indian Polity and Governance questions
- Consider the following statements. 1. The Constitution of India states that Parliament can bring no law that violates the fundamental rights of citizens. 2. Article 20(3) of the Constitution is a fundamental right that guarantees the right against self-incrimination. 3. In the Puttaswamy case, the Supreme Court held that the State can collect fingerprints and iris scan for welfare schemes. Which of the above statements is/are correct?
- Which of the following statements is/are correct ? 1. Some Rights contained in Part-III of the Constitution of India are enforceable against the State only 2. Some Rights contained in Part-III of the Constitution of India are enforceable in favor of citizens only 3. Some Rights contained in Part-III of the Constitution of India are enforceable against both, the state and individuals Select the answer using the code given below :
- Which one of the following is the most accurate meaning of the term 'the State', as defined in Part-III of the Constitution of India ?
- Which one of the following has been expressly included in Part III of the Constitution of India?
- This amendment inserted Article 19(1)(c), which grants citizens the fundamental right "to form co-operative societies". While the definition of "State" under Article 12 in Part III is crucial for the applicability of fundamental rights to various entities (Government, Parliament, State Legislatures, local and other authorities), and courts have included certain types of companies etc., based on functional or control tests, the term "Cooperative society" itself was explicitly added into the text of Part III under the Right to Freedom. The other options (Company, Partnership, Trust) are not expressly mentioned by name anywhere in Part III. 32. No fundamental rights can be claimed against
- For the purpose of Part III of the Constitution, which of the following are not State?
- The term 'State' under Article-12 of Indian Constitution is, for the purposes of application of which part ? and IV both
- Which of the following is not a Fundamental Right in India?