Understanding “The State” Under Article 12 of the Indian Constitution: Judicial Expansion and Constitutional Accountability

  • Unique Paper ID: 186853
  • PageNo: 2494-2499
  • Abstract:
  • Article 12 of the Constitution of India forms the cornerstone of the interpretation of Fundamental Rights by defining the term “State.” This definition is critical because the enforceability of Fundamental Rights under Part III depends upon the actions of entities categorized as the State. Over the decades, the judiciary has played an instrumental role in expanding the scope of this term to include statutory corporations, government-controlled societies, and other instrumentalities performing public functions. This paper examines the textual foundation, judicial evolution, and doctrinal tests that have shaped the contemporary understanding of Article 12. It argues that this broad judicial interpretation strengthens constitutional accountability and bridges the gap between State functions and public interest in a welfare democracy.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{186853,
        author = {Kulraj Kumari},
        title = {Understanding “The State” Under Article 12 of the Indian Constitution: Judicial Expansion and Constitutional Accountability},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {12},
        number = {6},
        pages = {2494-2499},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=186853},
        abstract = {Article 12 of the Constitution of India forms the cornerstone of the interpretation of Fundamental Rights by defining the term “State.” This definition is critical because the enforceability of Fundamental Rights under Part III depends upon the actions of entities categorized as the State. Over the decades, the judiciary has played an instrumental role in expanding the scope of this term to include statutory corporations, government-controlled societies, and other instrumentalities performing public functions. This paper examines the textual foundation, judicial evolution, and doctrinal tests that have shaped the contemporary understanding of Article 12. It argues that this broad judicial interpretation strengthens constitutional accountability and bridges the gap between State functions and public interest in a welfare democracy.},
        keywords = {Article 12, Fundamental Rights, the State, Instrumentality Test, Constitutional Law, Judicial Interpretation, Accountability.},
        month = {January},
        }

Cite This Article

Kumari, K. (2026). Understanding “The State” Under Article 12 of the Indian Constitution: Judicial Expansion and Constitutional Accountability. International Journal of Innovative Research in Technology (IJIRT). https://doi.org/doi.org/10.64643/IJIRTV12I6-186853-459

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