Home The Constitution Part III Article 12

Art. 12 Part III: Fundamental Rights

Definition of 'the State'

Exact text — Constitution of India

"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."

In Plain English

What this Article actually means

Every Fundamental Right in Part III is a right against 'the State' — so this Article, right at the start, defines exactly who that means. It's deliberately broad: not just the Union and State governments and their legislatures, but also 'local or other authorities' — a phrase courts have interpreted to include municipal corporations, universities, statutory bodies, and even some government-controlled companies. If a body isn't part of 'the State' under this definition, you generally can't enforce a Fundamental Right against it directly (you'd need a different legal route, like a contract or tort claim).

Why This Matters To You

How it shows up in everyday life

This is why you can file a writ petition against a municipal corporation, a public university, or a government-owned company for violating your rights, but generally can't do the same against a purely private company or individual — you'd sue them under ordinary civil or criminal law instead. Courts have used a functional test (does the body perform a public function, is it financially/administratively controlled by government) to decide borderline cases, like whether a particular statutory corporation or aided private institution counts as 'the State'.

Landmark Cases

How courts have interpreted this Article

Ajay Hasia v. Khalid Mujib SehravardiAIR 1981 SC 487 — Laid down the test for when a body — even one not literally a 'government department' — counts as 'the State': deep and pervasive government control, government funding, and performance of public functions. Verify this case

Read alongside this one

Art. 13 — Laws Inconsistent With Fundamental Rights Art. 32 — Right to Constitutional Remedies

Frequently Asked

Quick answers about Article 12

Can I file a writ petition against a private employer?

Generally no, directly — Fundamental Rights bind 'the State' as defined here. Against a private employer, you'd typically use labour law, contract law, or the Constitution's very limited private-party provisions (like Article 15(2) or Article 17).

Is a government-owned company like a PSU covered by this definition?

Often yes, if courts find it's under 'deep and pervasive' government control per the Ajay Hasia test — but it depends on the specific facts of ownership, funding and control, not just the label 'government company'.

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The text above reproduces Article 12 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.