Article 12 of the Constitution defines 'the State' for the purposes of Part III. Which one of the following is NOT covered by that definition?
AAll local or other authorities within the territory or control of the Government of India
BThe Government and Parliament of India, including all Departments under them
CThe Government and Legislature of each State within the territory of India
DA private individual not exercising any statutory or governmental function whatsoever
Answer & Solution
Correct answer: D. A private individual not exercising any statutory or governmental function whatsoever
1. Article 12 defines 'the State' as including the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the Government of India's control.
2. A purely private individual not exercising any statutory or governmental function falls OUTSIDE this definition.
3. The expression 'other authorities' has been broadened by the Court but still requires deep and pervasive State control (Ajay Hasia v. Khalid Mujib, AIR 1981 SC 487).
4. Hence option A is excluded.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 12_
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