Q. With reference to the meaning of State as defined under Article 12 of the Constitution, consider the following statements:
1. A private body working as an instrument of the State falls within the meaning of the ‘State’.
2. Urban Improvement Trusts are included in the definition of state.
3. All Private Universities are included as elements of state under Article 12.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: The Supreme Court has held that the term ‘state’ is wide enough to include all authorities on whom powers are conferred by law. Thus, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12. It is not necessary that always a statutory authority should be engaged in performing governmental or sovereign functions.
Statement 2 is correct: All local authorities are included under the definition of state under Article 12. According to List II of VII Schedule ‘local government’ includes a municipal corporation, urban improvement trust, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.
Statement 3 is incorrect: In Article 12, the expression ‘other authorities’ is used after mentioning the Government, Parliament of India, the Government and Legislature of each of the State and all local authorities. The Madras High Court has held that ‘other authorities’ could only mean authorities exercising governmental or sovereign functions. It cannot include persons, natural or juristic, such as, a university unless it is ‘maintained by the State’.
