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The definition of 'State' is provided under _______ of the Indian Constitution.
Article 12
Article 14
Article 13
Article 15
None of the above
Article 12
Article 12 of the Indian Constitution defines the term 'State' specifically for the purpose of Part III, which deals with Fundamental Rights. This definition is crucial because it determines which entities can be sued for violating a citizen's fundamental rights.
Article 12 of the Indian Constitution defines the term 'State' specifically for the purpose of Part III, which deals with Fundamental Rights. This definition is crucial because it determines which entities can be sued for violating a citizen's fundamental rights.
Article 12 falls under Part III (Articles 12-35) of the Indian Constitution, titled Fundamental Rights, which is inspired by the Bill of Rights of the USA.
Article 12 includes the Government and Parliament of India, the Government and Legislature of each State, all local authorities, and other authorities within the territory of India or under the control of the Government of India.
The scope of 'other authorities' has been expanded by the Supreme Court to include bodies like the LIC, ONGC, and SAI that perform public functions.
Judiciary is a debated entity; the Supreme Court has held that the judiciary as a State organ may fall under Article 12 when acting in its administrative capacity, but not when exercising its judicial function.
The definition is restricted to Part III and Part IV (Directive Principles) of the Constitution.
Article 13 deals with laws inconsistent with or in derogation of Fundamental Rights, providing the basis for judicial review.
Article 14 guarantees equality before law and equal protection of laws to any person within the territory of India.
Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
The definition of State is expansive, covering statutory and non-statutory bodies acting as agencies or instrumentalities of the State.
A is correct тАФ Article 12 provides the comprehensive definition of 'State' for the enforcement of Fundamental Rights.
When studying Fundamental Rights, always link Article 12 with Article 36, as Article 36 explicitly adopts the Article 12 definition of 'State' for the purpose of Part IV (Directive Principles of State Policy).
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