Definition of State (Article 12)

The state includes the Union Cabinet, Parliament, State Cabinet, Legislative Assembly, Local Self-Government Institutions, Government and Semi-Government Institutions. This includes statutory and non-statutory authorities. The Supreme Court has clarified that even private institutions that fall within the jurisdiction of the state under Article 12 are included within the jurisdiction of the state. Therefore, if fundamental rights are violated by their actions, legal aid can be sought against any of these.

Article 12 defines ‘State’ as:

1. Union Government

The Union Government is the national authority of the Republic of India, consisting of 28 states and 8 union territories. Indian Government and Indian Parliament (Lok Sabha, Rajya Sabha) are the executive and legislative branch of the Union Government according to Constitution.

2. State Governments:

State governments are the level of governance in India below the central government. The role of the state government is to govern each of the country's states. State Government and State Legislatures (Legislative Assembly, Legislative Council) and Local authorities (Municipalities, Panchayats, District Boards, Improvement Trusts, Mining Settlement Boards etc) are the executive and legislative branches of the State Governments according to Constitution.

3. Statutory Authorities:

The parliament authorizes statutory authorities. They hold the power to pass legislation on behalf of the country or a state. National Human Rights Commission, National Commission for Women, National Law Commission, National Green Tribunal, Armed Forces Tribunal etc are examples of National Statutory Authorities.

4. Non-Statutory Authorities:

Non-statutory authorities are organizations that does not have any legal powers and is not created by an act of parliament. They get their powers from an executive order issued by the central or state government. NITI Aayog, National Development Council, Central Bureau of Investigation, Central Vigilance Commission, Lokpal, Lokayuktas etc are examples of Non-Statutory Authorities.