Q. According to Article 12 of Indian Constitution, which of the following are included in the definition of ‘state’?
1. Gram Panchayat
2. Life Insurance Corporation
3. State Legislature
4. Political Parties
5. Judicial proceedings of the Supreme Court
Select the correct answer using the codes given below:

[A] 1, 2 and 3 only

[B] 1, 3 and 5 only

[C] 2, 3 and 4 only

[D] 1, 2, 3, 4 and 5

Answer: A
Notes:

Exp) Option a is the correct answer.

Option 1, 2 and 3 are correct: Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following:

  • Government and Parliament of India, that is, executive and legislative organs of the Union government.
  • Government and legislature of states, that is, executive and legislative organs of state government. (Hence Statement 3 is correct)
  • All local authorities, that is, municipalities, district boards, improvement trusts, gram panchayats etc. (Hence Statement 1 is correct)
  • All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc. (Hence Statement 2 is correct)

Option 4 and 5 are incorrect: Political Parties as such do not come under the definition of ‘state’ under article 12 When the Supreme Court takes judicial decisions, it does not come within the meaning of State.

 

Important Tips

 

In Rupa Ashok Hurra v Ashok Hurra case, the Supreme Court reaffirmed and ruled that no judicial proceeding could be said to violate any fundamental right. It was said that when they give judicial decisions, Supreme Court do not come within the meaning of State. But, while courts perform their administrative function, they are within the State’s definition.

 

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