--- title: "Article 12: Definition of State Explained | Model Diplomat" description: "Article 12 defines 'State' in the Indian Constitution, crucial for determining who can be sued under Fundamental Rights, impacting citizens' legal recourse." url: "https://modeldiplomat.com/learn/glossary/article-12-definition-of-state" --- [New](https://modeldiplomat.com/) # Model Diplomat Research Team · Last reviewed June 22, 2026 TL;DR - Article 12 of the Indian Constitution defines 'State' for the purpose of Part III, encompassing the Government and Parliament of India, State legislatures, and all local and other authorities. - Does Article 12 include the judiciary? - What is the test for 'other authorities' under Article 12? - Is a private body ever 'State' under Article 12? - Why was the BCCI held not to be 'State'? [Civil Service & Diplomatic Exams](https://modeldiplomat.com/learn/civil-services/glossary)Updated June 22, 2026 Go beyond the definition ## Research Article 12 — Definition of 'State' like a delegate Model Diplomat's AI drafts position papers, speeches, and country research with real sources — built for MUN and politics students. ## Positions at a glance ### Supporters The phrase 'other authorities' has been progressively defined through adjudication rather than legislation. The Supreme Court in Rajasthan State Electricity Board v. Mohan Lal (1967) held that statutory bodies exercising powers conferred by statute are authorities. The decisive expansion came in Ramana Dayaram Shetty v. International Airport Authority of India (1979), where Justice P. N. Bhagwati articulated an instrumentality or agency test, and in Ajay Hasia v. Khalid Mujib Sehravardi (1981), which crystallised a multi-factor enquiry: the extent of state financial support, the degree of governmental control, whether the body enjoys a state-conferred monopoly, whether functions are of public importance and closely related to governmental functions, and whether a government department has been transferred to the corporation. Subsequently in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002), a seven-judge bench refined this into a question of deep and pervasive state control, cautioning that the Ajay Hasia factors are not a mechanical checklist. ### Opponents Article 12 appears at the threshold of Part III of the Constitution of India and supplies an inclusive definition of the term 'State' for the purposes of that Part. Its text provides that, unless the context otherwise requires, 'the State' includes the Government and Parliament of India, the Government and the Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India. The provision is not a substantive guarantee in itself; it is a definitional gateway that fixes the universe of entities against which the Fundamental Rights enumerated in Articles 14 to 35 may be enforced. Drafted by the Constituent Assembly and adopted with the Constitution on 26 November 1949, its phrasing borrowed the inclusive 'includes' formula deliberately, signalling that the enumeration was illustrative rather than exhaustive. The word 'context' in the opening clause anchors the article to Part III alone, so the definition does not automatically govern the meaning of 'State' elsewhere, such as in the federal scheme of Articles 1 and 3. ## Research it like a delegate Research on modeldiplomat.com ## Ask a follow-up about Article 12 — Definition of 'State' Open a cited briefing in Model Diplomat search — timelines, positions, and sources you can use in committee or exam answers. [Start research on Article 12 — Definition of 'State'](https://modeldiplomat.com/search?q=Explain%20Article%2012%20%E2%80%94%20Definition%20of%20%27State%27%20%E2%80%94%20key%20dates%2C%20actors%2C%20positions%2C%20and%20sources) Example In Ajay Hasia v. Khalid Mujib Sehravardi (1981), the Supreme Court of India held that a regional engineering college run by a registered society was 'State' under Article 12 because it was subject to deep and pervasive government control. Keep learning ## Go deeper than the definition [Explore all Civil Service & Diplomatic Exams lessons](https://modeldiplomat.com/learn/civil-services)[Test yourself with a quiz](https://modeldiplomat.com/learn/glossary/quiz/civil-services) ## Take Article 12 — Definition of 'State' beyond the glossary Ask the AI research engine built for diplomacy — get briefings, position papers, and speeches with sources you can cite in committee.