Article 12: Defining the Term Statee (Part III of the Constitution of India, 1950)

Abstract

This research paper is an attempt to explain the terms: 'State', 'Sovereign', 'State Action' and the concept of 'State Absolutism' through the authoritative writings of legal philosophers in the likes of Bryce, Machiavelli (Prince), Jean Bodin, Thomas Hobbes (Leviathan), John Locke (Two Treaties of Government), John Austin (Province of Jurisprudence Determined) and A.V. Dicey (The Law of the Constitution). Chapter I of this research paper deals with the definitional analysis of the term 'State', as obtaining in Article 12 of the Constitution of India, 1950. Chapter II deals with the 'tests' qua determination of 'State' (Board of Control for Cricket in India v. Cricket Association of Bihar, (2015) 3 SCC 251), 'Local Authorities' and 'Statutory Bodies', with specific emphasis albeit, whether or not, 'authorities situated outside India' constitute 'State' within the periphery of Article 12. Chapter III, principally focuses on, whether or not 'judiciary' constitutes 'State'; hardbound stress has been laid on the recent case of: Riju Prasad v. State of Assam (2015 SCC Online SC 613). Chapter IV focuses on the moot question albeit 'Can the State claim fundamental rights?' author has laid emphasis on the case of, State of West Bengal v. Union of India (AIR 1963 SC 1241), to give the answer in a "yes". Chapter V deals with the conclusion; author is of the opinion that purposive and beneficial construction of the term 'State' is in greater interest of the citizenry, furthering the protection conferred to them by the Suprema Lex by virtue of Part III of the Constitution of India, 1950.