Which one of the following is the correct meaning of the term 'State', as defined in Article 12 of the Constitution of India ?
- A.It refers only to the Government of India.
- B.It refers only to the Government of India and the Parliament of India.
- C.It refers only to the Government of India, Parliament of India, and Governments and Legislatures of each State.
- D.It refers to the Government of India, Parliament of India, Governments and Legislatures of each State, and all local or other authorities within the territory of India.
Correct answer
Explanation
The correct answer is D. Article 12 defines the State to include the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within India or under the control of the Government of India.
Article 12 opens Part III because Fundamental Rights are mainly claims against the State, so the Constitution first says who the State is. "Local authorities" cover municipalities, panchayats and district boards. "Other authorities" has been read widely by the Supreme Court: in cases such as Ajay Hasia (1981), bodies under deep government control, like LIC, ONGC or a state electricity board, were held to be the State. A writ for a Fundamental Right can therefore be filed against them.
A is wrong because the definition goes far beyond the Union Government. B is wrong because it leaves out the States and all local and other authorities. C is wrong because it omits local and other authorities, which are expressly included.
Exam tip: Article 12 defines the State, Article 13 voids laws that violate Fundamental Rights.
Practice Questions
View allArticle 231 of the Constitution of India grants power to establish a common High Court for two or more states to
- A.the Parliament.
- B.the Supreme Court.
- C.the President of India.
- D.the Union Cabinet.
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Under Article 231, Parliament may by law establish a common High Court for two or more States, or for two or more States and a Union Territory.
Read the full explanation →Which one among the following is the largest State in terms of seats in the Rajya Sabha ?
- A.Andhra Pradesh
- B.Bihar
- C.Rajasthan
- D.Karnataka
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Of the four States listed, Bihar has the most seats in the Rajya Sabha, with 16 members. Seats in the Rajya Sabha are allotted to States and Union Territories by the Fourth Schedule of the Constitution, broadly in proportion to population.
Read the full explanation →Which one of the following committees is NOT associated with decentralization of Panchayati Raj institutions in India ?
- A.Balwant Rai Mehta Committee
- B.Ashok Mehta Committee
- C.L. M. Singhvi Committee
- D.Abhijit Sen Committee
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The Abhijit Sen Committee dealt with agricultural economics, not local self-government. Its best-known reports were on a long-term grain policy in 2002 and on whether futures trading pushed up farm prices in 2008.
Read the full explanation →Consider the following statements : 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention. 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence. How many of the above statements are correct?
- A.Only one
- B.Only two
- C.All three
- D.None
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Statements 1 and 2 are correct, while statement 3 is wrong. Article 355 says it is the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that its government runs according to the Constitution, so statement 1 is correct.
Read the full explanation →Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
- A.First Administrative Reforms Commission (1966)
- B.Rajamannar Committee (1969)
- C.Sarkaria Commission (1983)
- D.National Commission to Review the Working of the Constitution (2000)
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The Sarkaria Commission on Centre-State relations laid down these qualities for choosing a Governor. The Commission was set up by the Union Government in 1983 under Justice R.S.
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