Articles 12 and 13 of the Indian Constitution

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Components of 'State' under Article 12

According to Article 12, the following are considered as 'State':

• Government of India

• Parliament of India

• Government of each State

• State Legislatures

• Local authorities (municipalities, panchayats, etc.)

• Other authorities (statutory bodies, instrumentalities of the state)

The judiciary has broadened the scope of Article 12 over time. Courts have ruled that even government-controlled companies or statutory corporations may fall under 'State'. The aim is to ensure that fundamental rights are protected from any authority that performs public duties or exercises government-like powers.

Important Cases Related to Article 12

1. Rajasthan Electricity Board v. Mohan Lal: The Supreme Court held that any authority created by the Constitution or law, and performing public functions, comes within the definition of 'State'.

2. Ajay Hasia v. Khalid Mujib Sehravardi: The Court ruled that even a society registered under the Societies Registration Act could be considered a 'State' if it is substantially funded and controlled by the government.

Articles 13 

Article 13 is one of the most important provisions that upholds the supremacy of Fundamental Rights. It ensures that any law violating these rights is void. The text of Article 13 is as follows:

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Judicial Review under Article 13

One of the most significant features of Article 13 is that it provides the basis for judicial review. This means that courts can examine and invalidate laws that violate fundamental rights.

Judicial review is a key part of India’s democratic structure. It keeps the legislature and executive in check and ensures that no unconstitutional law can stand.

Important Cases Related to Article 13

1. Keshavananda Bharati v. State of Kerala: The Supreme Court held that judicial review is part of the basic structure of the Constitution.

2. Minerva Mills v. Union of India: The Court reiterated that laws violating fundamental rights can be struck down under Article 13.

3. A.K. Gopalan v. State of Madras: The case highlighted the importance of reading Article 13 with other fundamental rights to ensure proper justice.

Significance of Articles 12 and 13 of the Constitution

Articles 12 and 13 of the Constitution provide the essential framework to safeguard individual rights and uphold constitutional supremacy. Here are some key points highlighting their importance:

• Protection of Fundamental Rights: They ensure that fundamental rights are enforceable against the State and not mere promises on paper.

• Scope of the Term ‘State’: By defining 'State' broadly, Article 12 ensures that all government actions are subject to constitutional scrutiny.

• Judicial Review: Article 13 empowers courts to strike down laws that violate fundamental rights. This strengthens the checks and balances system.

• Guarding Democracy: By preventing unconstitutional laws, these articles protect democratic values and individual freedoms.

• Dynamic Interpretation: The judiciary has interpreted these articles in a dynamic way, ensuring their relevance in changing times.

In conclusion, Articles 12 and 13 of the Indian Constitution serve as powerful tools to uphold citizens’ rights and maintain constitutional supremacy. They ensure that no law or state action can erode the fundamental freedoms guaranteed to every Indian.

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