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Constitutional state · 2026
Constitution of India
Part III — Fundamental Rights
Article12

Definition

In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

In plain language

When Part III talks about “the State”, it means more than the Union government: State governments, legislatures, and many public bodies under their control can also violate fundamental rights.

Current official-edition wording. Historical reconstruction is not claimed for this article.

Judicial interpretation

Ajay Hasia v. Khalid Mujib Sehravardi (1981). The Court used the instrumentality test: a body that is an agency or instrumentality of government is “the State” under Article 12, and fundamental rights bind it.

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