Q. With reference to Article 12 of the Indian Constitution, consider the following statements:
1.The term “State” includes both statutory and non-statutory bodies if they function as agencies or instrumentalities of the State.
2.Private entities are always excluded from the definition of “State” under Article 12, even if they perform public functions.
3.Actions of local authorities such as municipalities and panchayats can be challenged in courts for violation of Fundamental Rights.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- The definition of “State” under Article 12 includes all authorities, statutory or non-statutory, if they function as instrumentalities or agencies of the State. Examples include LIC, ONGC, etc.
- The Supreme Court has held that even a private body can fall within the meaning of “State” if it functions as an instrumentality or agency of the State.
- Local authorities like municipalities and panchayats are explicitly included in the definition of “State,” and their actions can be challenged in court if they violate Fundamental Rights.
Source: Laxmikant (Polity)
