BRIEFING OF ARTICLE 12 ON INDIAN CONSTITUTION
Concept of state under article 12 of the Indian constitution. State under article 12 includes –
1. The Government and Parliament of India that is executive and legislature of the union.
2. The Government and Legislature of each state that is Executive and Legislature of State
3.All local and other authorities within the territory of India or under the control of the government of India.
1. GOVERNMENT AND PARLIAMENT OF INDIA.
The term state includes the government of India that is union executive and parliament of India that is union legislature. The term government stands to include a department of government or any institution under the control of department of Government of India that is income tax department, department of forest research institute dehradun, the president while acting in his official capacity must be included in term government and be regarded as state for purpose of part 3 of Indian constitution.
2. GOVERNMENT AND LEGISLATURE OF EACH STATE.
The term state includes the government of each state that is state executive and legislature of each state and union territory AS well.
3. LOCAL OR OTHER AUTHORITIES WITHIN THE TERRITORY OF INDIA.
Local authorities means Municipal committee, district board, authority legally entitled or entrusted by the government with the control or management of the municipal or local fund.
The expression OTHER AUTHORITIES in article 12 of the Indian Constitution is used after mentioning the executive and legislature of state and all local authority.
RULE OF EJUSDEM GENERISRULE OF EJUSDEM GENERIS could not be resorted in interpretation of this expression because there is no COMMON GENUS running through these named bodies nor can these bodies so place in a single category on any rotational reasonable bias.
NOW QUESTION ARISES, WHETHER JUDICIARY IS STATE OR NOT?
The Judiciary though not expressly mentioned under article 12 but it should be included since the courts are set up by law statutes and exercise power conferred by law.
In A.R. Anatulay Vs R.S. Nayak, The supreme court held that the court could not pass an order an issue with a direction that could be violating the Fundamental rights of citizens, hence it can be said that expression state includes judiciary also.
NOW QUESTION ARISES, WHO ARGUE THE CASE ON BEHALF OF STATE?
Public Prosecutor is a person who is appointed either by the central government or state government to represent the case on behalf of the state in criminal trial matters, the main role of the public prosecutor is to serve the ends of justice in public interest. The works of public prosecutor begin once the police have done the investigation and filed the charge sheet in court. The public prosecutor is expected to act impartially and present all facts and cases, documents and evidence so as to assign in court in arriving at correct judgment.
This blog is authored by Aditya Malhotra, student of BBA LLB 2nd year at JIMS Engineering Management Technical Campus,Greater Noida.
Also Read – 10 Important Amendments to the Indian Constitution
