The term lsquo State rsquo has been used in different provisions concerning the fundamental rights A...........

Indian Polity Articles and Schedules

The term ‘State’ has been used in different provisions concerning the fundamental rights. According to Article 12, the State includes which among the following entities:

1. Executive organs of the Union and state governments.

2. Legislative organs of the Union and state governments.

3. Judiciary at Union and state levels.

4. Local Self-governments created under 73rd and 74th amendments.

5. Statutory authorities.

6. Non-statutory authorities.

Choose the correct codes.

1,2,3,4&5 only

1,2,4,5&6 only

1,2,3&4 only

All the above

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Explanation:

According to Article 12, the State includes the following:
(a) Government and Parliament of India, that is, executive and legislative organs of the Union government.
(b) Government and legislature of states, that is, executive and legislative organs of state government.
(c) All local authorities that is, municipalities, panchayats, district boards, improvement trusts, etc.
(d) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights. According to the Supreme Court, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12.