The makers of the Constitution have borrowed several features from other constitutions of the world. The model for Fundamental Rights in India has been taken from the Constitution of the USA. Fundamental rights are basic rights provided to the people in order to live with dignity and integrity. They are enshrined in Part III of the Indian Constitution.

The fundamental rights guaranteed by the Indian Constitution have been laid down in Part III of the constitution, starting from Article 12 to Article 35.The first article under Part III is Article 12, which does not guarantee any right but specifies the authorities and the bodies, that are deemed to be “state” and against whom the fundamental rights can be enforced.

The word state derived from Latin word status. Which means to stay the position of person on or body or persons.

Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following –

1)  The Government and Parliament of India that is Executive and Legislature of the Union.

2)   The Government and Legislature of each states.

3)   All local or other authorities within the territory of India.

4)   All local and other authorities under the control of the Government of India.

So it means the ‘state’ under art. 12 includes executive as well as legislative organ of union and states. It is therefore an action of these bodies that can be challenged before the courts as violating the fundamental rights. It means a person or body exercising power to command in the context of Art. 12. word ‘authority’ means – the power to make laws. Orders, regulations, bye-laws, notification etc. which to enforce those laws.

Is Article 12 a fundamental right?

The obligation of protecting these rights lies on the government or the state or its authorities. Most of the Fundamental rights provided to the citizens are claimed against the State and its instrumentality and not against the private bodies. Article 12 gives an extended significance to the term ‘state’.

Elements of state.

Population : population is one of the important element of state. Ie means there must be people living together in a community .the existence of people is the existence of state. There is no fixed no of persons to constitute a state ,but it must be considerable number.

Territory: state consists of a definite portion of the earth ,it includes not only land but also the sea up to prescribed limits, certain gulfes,bays ,& streams and the air also. There is no fixed area to constitute a state .the area may be big or small. It is not necessary that a state should  have a compact territory .Outside its own territory a state or its organs can have no authority or jurisdiction.

Government  :in the state there is a human machinery as the supreme authority to make and enforce laws,this authority is called government.it is organised on certain principles recognized by the community within the territory of the state,thus ,the government is a single unit or entity. Normally a state has three organs viz;legislature, executory,&judiciary .no particular form of govt is essential. 

Sovereignty : sovereignty means internal supremacy and external independence. & which gets habitual obedience from the people within its territory. 

Case Laws

in Rajasthan Electricity Board V. Mohan Lal , the Supreme Court held that ‘other authorities’ would include all authorities created by the constitution or statute on whom powers are conferred by law. Such statutory authority need not be engaged in performing government or sovereign functions. The court emphasized that it is immaterial that the power conferred on the body is of a commercial nature or not.

CSIR is state – 19 April 2002, it is an important case. In this supreme court by 7:5 majority overruled its old judgement delivered in 1975 and held that Council of Scientific and Industrial Research (CSIR) is a state within the meaning of Art. 12 of the constitution and therefore its employees can approach the High Courts or the Supreme Court to enforce their fundamental rights of equality.

State of Assam V/s Barak Upatyaka D.V. Karmchary Sansthan

The Supreme Court has held that the financial assistance provided by the state government in the form of grant-in to Assam co-operative society continuously for some years does not make a society a state within the definition state under Art. 12 of the constitution and therefore the state would not be responsible to bear and pay salaries and allowances of its employees by extending aid forever.

the supreme court   laid down   the following tests in In electricity board rajasthan case for determining whether a body is an agency or instumentally of the govt. ;

1.  Financial resources of the state is the chief funding source ie; if the entire share capital of the corporation is held by the govt. 
2. Existence of deep & pervasive statue control 
3. Financial character being governmental in essence .ie; if the functions of the corporation are of public importance and closely related togovernmental functions.
4. If a deportment of govt is trsansfferd to a corporation ,
5. Whether the corporation,

1. enjoys monopoly status which is state conferred or state protected. 

The court said that, these tests are not conclusive but illustrative only and will have to be used with care and caution.

Conclusion

The Constitution of India not only gives fundamental right to the citizens but also imposes the duty on the state to ensure that the fundamental rights are protected. The court through its interpretations has widened the scope of the term State to include a variety of statutory and non-statutory bodies under its umbrella.