1. Introduction
The Constitution of India which was signed into effect on January 26th,1950, acts as the ultimate legal constitution that governs the country. It is a comprehensive framework that explains the rights of the people and government, obligations and authorities. Articles 12 and 13 are particularly important since they create the basis for identifying the State and its power in addition to creating the procedure for judicial review of legislation.
2. Article 12: Definition of the State
Article 12 of the Indian Constitution plays an important role in deciding which institutions are referred to as the "State" in the legal system. It gives an in-depth explanation of the term "State" in order to understand the scope of fundamental rights protected by the constitution.
According to the Article 12 a State includes:[1]
- The government and parliament of India
- The government and legislature of each state
- The local and other authorities within the territory of India
- The local and other authorities under the control of government of India
2.1 Essential Components
(a) Government, Parliament and Legislature of India
- Government of India: According to Article 12, the central government, led by the President, is a critical component of the State. At the national level, it includes the executive, legislative, and administrative wings.
- Parliament of India: The parliament comprises of the President of India, the lower house of the parliament that is the Lok Sabha as well as the upper house of the Parliament, that is the Rajya Sabha.[2]
- Legislature: The legislature is the instrument of government that enacts the government's legislation. It's the responsibility of the association to define the state's will and give it with legal power and force. Simply said, the council is the instrument of government that creates laws. In any popular state, the council has a veritably distinct and vital part. It's the assembly of the people's tagged representatives, and it reflects public popular opinion and people's authority.
(b) Local Authorities:
Authorities must be defined before knowing what a local authority is. Webster's Dictionary defines authority as "a person or body exercising power to command." When used in conjunction with Article 12, the term authority refers to the power to enact laws (or orders, rules, bye-laws, notifications, and so on) that have the force of law. It also involves the authority to impose such laws.
Local Authority: As per Section 3(31) of the General Clauses Act, 1897 [3]
Local Authority shall mean a municipal committee, district board, body of commissioner or other authority legally entitled to or entrusted by the Government within the control or management of a municipal or local fund.
(c) Other authorities
Article 12 also includes "other authorities" within Indian territory or under the administration of the Government of India. This broad word is critical in ensuring that entities who are not specifically identified are subject to the constitutional constraints imposed by basic rights.
2.2 Significance in the context of Fundamental Rights
Understanding the comprehensive definition of the State under Article 12 is critical for the interpretation and application of basic rights entrenched in Part III of the Constitution. The State, as defined, is constrained by the fundamental rights provided to citizens. As a result, any action or law enacted by bodies covered by Article 12 must comply with these constitutional obligations. The court plays a critical role in protecting basic rights by evaluating the activities of the state and its agents. Courts have generally defined the phrase 'State' broadly, ensuring that entities performing public tasks or having a major relationship with the government are likewise held accountable under the constitutional framework.
3. Article 13: Laws inconsistent with or in derogation of the fundamental rights
Article 13 is a broad article that addresses legislation that are inconsistent with or violate basic rights. Its principal goal is to preserve people' basic rights by declaring any law that violates these rights unconstitutional to the degree of the discrepancy. This assures that the Preamble's spirit of justice, liberty, equality, and fraternity is perpetuated.
Article 13 is written precisely and clearly, with no space for misinterpretation. It proclaims that all laws in force on Indian territory immediately prior to the start of the Constitution, to the extent that they are inconsistent with basic rights, are invalid. This plain and unequivocal wording indicates the founders' dedication to protecting people' basic rights. Article 13 broadens the scope of the Convention to include all types of laws, including ordinances, customs, and even court decisions. This broad definition assures that no source of legislation may harm people' basic rights. [4]
Article 13 states that: [5]
(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,
(a) law includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
(b) laws in force includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.
4. Conclusion
The legal basis for protecting people' basic rights is established under Articles 12 and 13 of the Indian Constitution. Article 12 outlines the State and its institutions, holding them responsible for ensuring the protection of fundamental rights. Article 13 empowers courts to bring down incompatible laws or actions, so contributing to India's strong constitutional democracy by emphasizing basic rights and the rule of law.
5. Citations
[1] Constitution of India (Article 12)
[2] Sanjiv Kumar "State under Article12 of the Constitution of India", available at: https://monad.edu.in/img/media/uploads/Article%2012.pdf (last visited January 9,2024)
[3] Akshansh Singh "Scope of local authorities under Article 12", available at : http://www.penacclaims.com/wp-content/uploads/2018/08/Akshansh-Singh.pdf (last visited January9,2024)
[4] Kriti Kumari Agrawal "Article 13 Of Indian Constitution Easy Explanation", available at: https://www.legalserviceindia.com/legal/article-6521-article-13-of-indian-constitution-easy-explanation.html#:~:text=Article%2013%20aids%20the%20court,and%20implement%20the%20fundamental%20right. (last visited January 9,2024)
[5] Constitution of India (Article 13)
