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State Action (Article 12)

Constitutional & Public Law Doctrines

Definition

The constitutional definition of "the State" against which Fundamental Rights are enforceable, comprising the Government and Parliament of India, the Government and Legislature of each State, all local authorities, and other public bodies or corporations operating as an agency or instrumentality of the government (Pradeep Kumar Biswas).

Example

A public sector undertaking (like the Life Insurance Corporation of India) is an instrumentality of the State under Article 12, making its recruitment and termination decisions amenable to writ scrutiny under Article 226 for violating Article 14.