Jurisprudence, Interpretation and General Laws · Constitution of India

Fundamental Rights and Article 12 State Explained

Updated 11 October 2026 · Fact-checked

Fundamental Rights are the basic rights in Part III (Articles 12-35) that you can enforce against the State. Article 12 defines State to include Union and State governments, legislatures, local authorities and other authorities. To answer, identify the right, check if the respondent is State, test any restriction, then conclude.

Understand Fundamental Rights and Article 12 State

Fundamental Rights are guarantees in Part III of the Constitution. They protect individuals from the power of the State. If a law or an act of the State violates them, a court can strike it down or give relief.

The first question is always: against whom can the right be claimed? Most rights are claimed against the State. Article 12 says State includes the Government and Parliament of India, the Government and Legislature of each State, and all local and other authorities within the territory of India or under the control of the Government of India. Courts have read 'other authorities' broadly. A body may be State if it is an instrumentality or agency of the Government, judged by factors such as deep and pervasive government control, government funding, monopoly status, and public functions. Mere incorporation as a company does not decide the matter either way.

Article 13 gives the rights their force. Under Article 13(1), laws in force before the Constitution that are inconsistent with Part III are void to the extent of the inconsistency. Under Article 13(2), the State cannot make any law that takes away or abridges these rights, and a law made after the Constitution that does so is void to that extent. 'Law' includes ordinances, orders, bye-laws, rules, regulations, notifications, custom and usage having the force of law. Under Article 13(4), inserted by the 24th Amendment, an amendment under Article 368 is not 'law' for Article 13. An amendment can still be struck down if it violates the basic structure, but that limit comes from judicial decisions (Kesavananda Bharati), not from Article 13(4).

The rights fall into groups. Equality (Articles 14-18): equality before law and equal protection of laws, no discrimination on grounds only of religion, race, caste, sex or place of birth, equality of opportunity in public employment, abolition of untouchability, abolition of titles. Freedom (Articles 19-22): six freedoms under Article 19(1), protection in respect of conviction for offences (Article 20), life and personal liberty (Article 21), the right of children aged 6 to 14 years to free and compulsory education (Article 21A), and protection against arrest and detention (Article 22). Exploitation (Articles 23-24), religion (Articles 25-28), cultural and educational rights (Articles 29-30) and constitutional remedies (Article 32).

Fundamental Rights differ from Directive Principles. Fundamental Rights are justiciable and enforceable by courts, and they restrain the State. Directive Principles (Part IV) are not enforceable by courts and guide the State in making policy toward a welfare state. Courts try to harmonise the two. Article 32 is itself a fundamental right: you can go straight to the Supreme Court for enforcement, and High Courts can act under Article 226.

Key rules to remember

Article 12: State: State = Government and Parliament of India + Government and Legislature of each State + all local authorities + other authorities; Other authorities include bodies that are instrumentalities or agencies of the Government. Apply the functional tests, not the label.
Article 13 test: Law inconsistent with or in derogation of Part III = void to the extent of the inconsistency; Article 13(1) covers laws in force before the Constitution; Article 13(2) covers laws made after it. Laws are not wiped out entirely if only a part is bad (severability).
Article 14 reasonable classification: Valid classification = intelligible differentia + rational nexus with the object of the law; Article 14 permits reasonable classification but forbids class legislation. Arbitrariness also violates Article 14.
Article 19(1) freedoms: Speech and expression; assemble peaceably without arms; form associations or unions or co-operative societies; move freely throughout India; reside and settle in any part of India; practise any profession or carry on any occupation, trade or business; Each is subject to reasonable restrictions in Article 19(2) to 19(6). Only citizens hold these freedoms.
Article 20 protections: No ex post facto penal law; no double jeopardy; no self-incrimination; Article 20 applies to all persons, citizen or not. Under Article 359(1), as amended by the 44th Amendment, the right to move courts to enforce Articles 20 and 21 cannot be suspended even during an Emergency.
Article 21: No person shall be deprived of life or personal liberty except according to procedure established by law; Courts read the procedure as needing to be fair, just and reasonable. Available to all persons.
Article 32: Right to move the Supreme Court for enforcement of Fundamental Rights; writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto; High Courts have wider writ power under Article 226, which can also be used for other legal rights.

How to solve Fundamental Rights and Article 12 State questions

Use this method for both theory questions and problem questions on Fundamental Rights.

1Read the question and mark the right involved: equality, freedom, life, religion, exploitation, cultural or remedies.
2Check who is the respondent. If a body is involved, test whether it is State under Article 12.
3Check who is the claimant. Some rights are only for citizens (Article 19), others for all persons (Articles 14 and 21).
4State the relevant Article in plain words and, where useful, add the established judicial interpretation.
5Apply the test: reasonable classification for Article 14, reasonable restrictions for Article 19, fair procedure for Article 21.
6Check whether the law or act is void under Article 13 to the extent of inconsistency.
7Name the remedy: writ petition under Article 32 or 226.
8Write a clear conclusion that answers the exact question asked.

Quickest way: Four-line answer frame

When to use it: Use when you have about 8-10 minutes for a short note or a problem question.

Line 1: Provision. Name the Article and what it says.
Line 2: Test. Give the test (Article 12 functional test, classification test, reasonable restriction).
Line 3: Application. Match two or three facts to the test.
Line 4: Conclusion. State whether the right is violated and the remedy under Article 32 or 226.

Common mistakes in Fundamental Rights and Article 12 State

Saying every company or body is State under Article 12.
Students memorise 'other authorities' without the tests.
Fix: Write the tests: government control, funding, monopoly, public function. Then conclude. A private body without such features is generally not State.
Saying Article 19 freedoms are available to everyone.
Mixing up Articles 14, 19 and 21.
Fix: Note that Article 19 is for citizens only. Articles 14 and 21 apply to all persons.
Treating Fundamental Rights as absolute.
The word 'fundamental' suggests no limits.
Fix: Mention reasonable restrictions, such as security of the State and public order, which are specified by Article 19(2) to (6).
Writing that Directive Principles can be enforced in court.
Confusing both Parts when comparing.
Fix: State that Part IV is non-justiciable, while Part III is justiciable. Add that courts read them harmoniously.
Confusing Article 32 with Article 226.
Both deal with writs.
Fix: Article 32 is itself a Fundamental Right and covers only Part III rights. Article 226 empowers High Courts, also for other legal rights.
Leaving out the conclusion in problem answers.
Students spend time on the law and run out of time.
Fix: Always close with one clear sentence: is the right violated, and what remedy is open.

Worked examples

Example 1

A statutory corporation set up by an Act of Parliament dismisses an employee without following its own regulations. The employee claims a Fundamental Right violation. Can the corporation be treated as State under Article 12?

Show the solution

Provision: Article 12 includes 'other authorities' within the territory of India or under the control of the Government of India.
Test: a body is State if it is an instrumentality or agency of the Government. The tests in R.D. Shetty v. International Airport Authority and Ajay Hasia v. Khalid Mujib look at government control, funding, monopoly status, public function and statutory origin. Statutory origin is only one factor and is not decisive on its own.
Application: a statutory corporation is generally held to be State. The facts tell you it was created by an Act of Parliament, which points to a public character, but you should not stop there. Check the Act for government control, funding and public functions. Its regulations are made under the statute and bind it, so it must follow them.
Consequence: if the regulations are binding statutory regulations, dismissal in breach of them is open to challenge as arbitrary action under Article 14. Fundamental Rights, including Article 14, can be claimed against a body that is State.
Remedy: the employee may file a writ petition before the High Court under Article 226 or, for a Fundamental Right violation, the Supreme Court under Article 32.

Answer: The statutory corporation is generally held to be State under Article 12 as an instrumentality of the Government, so the employee can enforce Fundamental Rights against it by writ.

Example 2

A State law bans a particular class of persons from carrying on a trade in a market without giving any reason connected to the object of the law. Examine its validity.

Show the solution

Provision: Article 19(1)(g) gives citizens the freedom to practise any profession or carry on any occupation, trade or business.
Restriction test: Article 19(6) allows reasonable restrictions in the interest of the general public. The burden is on the State to justify the restriction as reasonable and in the public interest.
Classification test: under Article 14, a classification needs an intelligible differentia and a rational nexus with the object of the law.
Application: the ban selects a class but has no stated link to any legitimate object, so the nexus is missing. The State has also offered no justification, so the restriction is not shown to be reasonable. A total ban without any justification fails both the Article 14 test and the Article 19(6) test.
Article 13: a law inconsistent with Part III is void to the extent of the inconsistency.
Remedy: affected citizens may petition under Article 32 or Article 226.

Answer: The law is likely to be struck down as violating Articles 14 and 19(1)(g) and is void to that extent under Article 13.

Exam tips

Start every answer by naming the Article. ICSI-style answers reward provision first, analysis second, conclusion last.
For 'Define State' questions, list the Article 12 bodies and then give the instrumentality tests with a brief example.
For comparison questions such as Fundamental Rights versus Directive Principles, use two columns of points in bullet form: enforceability, nature, purpose, source and scope.
Keep Article numbers accurate: 14-18 equality, 19-22 freedom, 23-24 exploitation, 25-28 religion, 29-30 cultural, 32 remedies.
For Article 21 questions, cite landmark cases only if you are sure of their names and holdings; otherwise state the principle clearly in your own words.

Practice questions from Constitution of India

Fundamental Rights and Article 12 State: frequently asked questions

What does 'other authorities' mean in Article 12?

It is not defined in the Constitution. Courts treat a body as State if it works as an instrumentality or agency of the Government. They look at control, funding, monopoly status and public functions.

What is the difference between Fundamental Rights and Directive Principles?

Fundamental Rights in Part III are enforceable by courts and restrain State action. Directive Principles in Part IV are not enforceable by courts and guide the State in policy. Courts try to read both together.

Are Fundamental Rights available to non-citizens?

Some are. Articles 14, 20 and 21 apply to all persons. Article 21A is the right of children aged 6 to 14 years to free and compulsory education. Article 19 is only for citizens.

Can Fundamental Rights be suspended?

Article 359 allows the President, by order during an Emergency, to suspend the right to move courts for enforcement of specified Fundamental Rights. The rights themselves are not taken away. Under Article 359(1), as amended by the 44th Amendment, this cannot be done for Articles 20 and 21.