Deciphering the Nature of State under Article 12 of the Indian Constitution

Abstract

The nature of the State under Article 12 of the Indian Constitution is a subject of paramount importance in the realm of constitutional law. Article 12 defines the term “State” as it is used throughout the Constitution, and its interpretation has far-reaching implications for the fundamental rights and duties of Indian citizens. The complexities involved in deciphering the nature of the State within the context of Article 12. Article 12, as a cornerstone provision, serves as a bridge between the legal framework and the protection of individual liberties. The definition of the State, under this article, extends beyond the executive and legislative branches to include government instrumentalities and even entities significantly financed or controlled by the
government. This broad interpretation, while essential for safeguarding the fundamental rights of the citizens, has also raised questions about the extent of government reach and the potential for abuse of power. The historical evolution of Article 12, key judicial pronouncements, and the dynamic interplay between government bodies, public authorities, and private entities that fulfill public functions. It also explores the need for a balanced and nuanced approach to interpret the nature of the State, ensuring the protection of individual rights while preserving the autonomy of non-state entities. Understanding the evolving nature of the State under Article 12 is essential for shaping the course of constitutional jurisprudence and the protection of citizens fundamental rights in India.