Constitution of India

Part III

Fundamental Rights

General

Article 12 - Definition.

In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Explanation/Comment -

The term "the State," which has been used in various provisions relating to fundamental rights in subsequent provisions/Articles, is defined in Article 12 as including the Government of India, the Legislature of each State, and all local or other authorities within Indian territory or under the control of the Government of India.

India's government and parliament are the Union Government's executive and legislative branches, respectively. State governments' executive and legislative branches are referred to as the Government and Legislature of States. Municipalities, panchayats, district boards, improvement trusts, etc. are all local authorities. The definition is inclusive and includes other authorities. The criteria used to identify "other authority" as "State" include substantial, financial, and government control, as well as fulfilment of functions and delegation of governmental responsibilities. All of them are not necessary; in some situations, one of them, or a combination of more than one, may be sufficient. As a result, governmental and non-governmental organizations like LIC, ONGC, SAIL, nationalized banks like State Bank of India, Children Aid Society, and Delhi Transport Corporation are regarded "States".

Mere dealing in a subject by the State, or the monopoly of the State in a particular field would not render an enterprise sovereign in nature and hence not a State.

The Board of Control for Cricket in India (BCCI) is not regarded as a State because the government does not control it financially, functionally, or administratively.