The term 'State', for the purposes of Part III of the Constitution, is defined in:

Article 12, the first Article of Part III, defines the term "State" for the purposes of the Fundamental Rights.

What the definition includes:

• The Government and Parliament of India, meaning the Union executive and legislature.
• The Government and the Legislature of each State.
• All local authorities, such as municipalities, panchayats, district boards and improvement trusts.
• Other authorities within the territory of India or under the control of the Government of India.

Why the definition matters:

• Most Fundamental Rights are available against the State.
• If a body comes within the meaning of "State", a citizen can approach the High Court or the Supreme Court when that body violates his Fundamental Rights.

Meaning of "other authorities":

The Supreme Court has widened this term over time.

In the Ajay Hasia case (1981), the Court laid down tests to decide whether a body is an instrumentality or agency of the State. These tests include government funding, deep and pervasive State control and the public nature of its functions.

Bodies such as ONGC, LIC and IFCI have been held to be "State".

Private bodies:

• Purely private bodies are generally not "State".
• The Board of Control for Cricket in India was held not to be "State" under Article 12, although it can be challenged in a High Court under Article 226 because it performs public functions.

The judiciary:

Whether courts are "State" depends on the function. In their administrative work they can be treated as State, but not in their judicial decisions.

Why not the other options?

• ✗Article 1 says that India is a Union of States.
• ✗Article 13 says laws inconsistent with Fundamental Rights are void.
• ✗Article 36 adopts the same definition for the Directive Principles.