Constitution · India · PART III — Fundamental Rights

Article 12 Constitution Definition

The Constitution of India · Edition: Supplied Law Library page: pocket edition attributed to Legislative Department, as on 10 September 2026; imported 6 November 2026

In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Comments

Service LawThe Air Force Group Insurance Society is ‘State’ under Article 12, so its employees’ writ petitions lie. It was set up with Presidential sanction, is run wholly by serving IAF officers, collects compulsory premiums as a condition of service, performs a public welfare function for the armed forces, and had claimed to be Government to obtain a service tax exemption. — Ravi Khokhar v. Union of India, 2026 INSC 233.

Administrative LawA writ lies against a society of government employees over unfair and opaque allotment of housing. Officers sitting ex officio on its governing body act as fiduciaries and must ensure fairness and transparency, avoiding favouritism. — Dinesh Kumar v. State of Haryana, 2026 INSC 163; AIR 2026 SC 1495.

Civil ProcedureA State Financial Corporation is ‘State’ under Article 12 and must be served notice under Section 80 CPC, or leave obtained under Section 80(2). Without either, the civil court lacks jurisdiction, and a decree passed without jurisdiction is a nullity that may be attacked even in execution. — Odisha State Financial Corporation v. Vigyan Chemical Industries, 2025 INSC 928.

Service LawAn Air Force School run by a society funded by fees and voluntary contributions, not the Consolidated Fund, and free of deep and pervasive Government control, is not ‘State’. Ex officio officers on its committees do not change that, nor does imparting education, so teachers’ service disputes, arising from private contracts, are outside Article 226. — Dileep Kumar Pandey v. Union of India, 2025 INSC 749.

Free Speech & MediaThe police are part of the State under Article 12 and, as citizens too, are bound to respect and uphold the freedom of speech and expression. — Imran Pratapgadhi v. State of Gujarat, 2025 INSC 410.

Constitutional LawA private NBFC registered under the Companies Act is neither ‘State’ nor performing a public function, so no writ lies against it. RBI regulation does not change its character; the borrower’s remedy lay in a civil suit or the agreed arbitration, and the High Court had protected the sale proceeds of the pledged gold in a fixed deposit. — S. Shobha v. Muthoot Finance Ltd., Supreme Court, 2025.

Service LawA society running an Army school is not ‘State’ under Article 12. Although education is a public duty, disputes with teachers arise from a private contract of employment with no public law element, so writ petitions were not maintainable. — Army Welfare Education Society v. Sunil Kumar Sharma, Supreme Court, 2024.

Service LawAfter disinvestment, Air India ceased to be ‘State’ under Article 12. Maintainability of a writ petition is judged on the date of hearing, so petitions filed while it was a Government company could no longer be decided under Article 226 against a private entity performing no public function. — R.S. Madireddy v. Union of India, Supreme Court, 2024.

Constitutional LawThe Indian Association for the Cultivation of Science is ‘State’ under Article 12, because the Government of India controls its finances, functions and administration. — Pushan Majumdar v. Union of India, Supreme Court, 2023.

Constitutional LawOn its administrative side a High Court is ‘State’ under Article 12, and its decisions are open to review on Article 14 grounds. — Ms. X v. Registrar General, 2022 (3) SCALE 99.

Constitutional LawWhether a body is ‘State’ depends on all the facts: it must be financially, functionally and administratively dominated by Government, not merely regulated. ARAI, run largely by automobile industry members with only a minor public function, was held not to be an instrumentality of the State. — Kishor Madhukar Pinglikar v. Automotive Research Association of India, Supreme Court, 2022.

Source document ↗

Judgments on Article 12

NOV 20266FRI

LOK 2026 (11) SC 63 · Supreme Court of India

Chairman, National Book Trust India v. A.R. Abdul Gaffar

Equivalent citations: 2026 INSC 1202

SubjectConstitutional Law

JudgesJustice Prashant Kumar Mishra, Justice Augustine George Masih

ActsThe Constitution of India, Societies Registration Act, 1860, 310 and 311, Constitution of India

National Book Trust, a society set up by Government resolution under deep and pervasive Government control, is "State" under Article 12; this does not make its employees Government servants.

JUL 20267TUE

LOK 2026 (7) SC 71 · Supreme Court of India

Ajay Vijh v. Indian Banks Association

Equivalent citations: 2026 INSC 670 : AIR 2026 SC 3745

SubjectConstitution

JudgesJustice Pamidighantam Sri Narasimha, Justice Alok Aradhe

ActsThe Constitution of India, Constitution of India - Article 226 - Article 12 - Article 19(1)(g)

A writ petition under Article 226 challenging the inclusion of an advocate's name in the Caution List maintained by the Indian Banks' Association (IBA) pursuant to Reserve Bank of India (RBI) guidelines is fully maintainable. Maintainability is not restricted solely to statutory authorities or instrumentalities…

MAR 201730THU

LOK 2017 (3) SC 305 · Supreme Court of India

The Maharashtra State Cooperative Housing Finance Corporation Ltd. v. Prabhakar Sitaram Bhadange

Subject–

JudgesJustice A.K. Sikri, Justice R.K. Agrawal

ActsLimitation Act, 1963, The Constitution of India, Industrial Disputes Act, 1947, Specific Relief Act, 1963, Punjab Cooperative Societies Act, 1961, M.P. Cooperative Societies Act, 1960

JAN 201727FRI

LOK 2017 (1) SC 273 · Supreme Court of India

Haryana Urban Dev. Authority & Ors. v. Orchid Infrastructure Developers P.Ltd.

Subject–

Judges–

ActsThe Constitution of India

DEC 201615THU

LOK 2016 (12) SC 1514 · Supreme Court of India

J. Ashoka v. University of Agricultural Sciences & Ors.

Subject–

JudgesJustice T.S. Thakur, Justice R.K. Agrawal, Justice Adarsh Kumar Goel

ActsThe Constitution of India

AUG 201631WED

LOK 2016 (8) SC 315 · Supreme Court of India

Kedar Nath Yadav v. State Of West Bengal & Ors.

Subject–

JudgesJustice Vinod Kumar Jha, Justice Suman Jain

ActsThe Constitution of India, 4(3), 5 and 6, Singur Act, 2011, Companies Act, 1956, L.A. Act, 1984, Land Acquisition Act, 1894, 19(1)(f), 31 and 136, Constitution of India

AUG 201629MON

LOK 2016 (8) SC 291 · Supreme Court of India

Madhya Pradesh State Road Transport Corporation v. Manoj Kumar & Anr.

Subject–

JudgesJustice A.K. Sikri, Justice R.K. Agrawal

ActsIndian Contract Act, 1872, The Constitution of India

JUL 201618MON

LOK 2016 (7) SC 187 · Supreme Court of India

Board of Control for Cricket v. Cricket Association of Bihar & Ors.

Subject–

JudgesJustice T.S. Thakur, Justice Fakkir Mohamed Ibrahim Kalifulla

ActsThe Constitution of India, 12, 14, 19, 19(1)(c), 32 and 226, Constitution of India

JUL 20165TUE

LOK 2016 (7) SC 510 · Supreme Court of India

Mahipal Singh Rana, Advocate v. State Of Uttar Pradesh

Subject–

JudgesJustice Anil R. Dave, Justice Kurian Joseph, Justice Adarsh Kumar Goel

ActsThe Constitution of India, Contempt of Courts Act, 1971, Advocates Act, 1961, 14, 142, 144, 145 and 226, Constitution of India

MAY 20162MON

LOK 2016 (5) SC 22 · Supreme Court of India

Modern Dental College and Research Centre & Ors. v. State of Madhya Pradesh & Ors.

Subject–

JudgesJustice R. Banumathi

ActsThe Constitution of India, Delhi School Education Act, 1973, M.P. Act 2007, 14, 15(4), 15(5), 15, 19(1)(g), 19(6), 19, 21, 26, 30, 30(1), 41, 47 and 142, Constitution of India

FEB 201623TUE

LOK 2016 (2) SC 239 · Supreme Court of India