State is defined by Salmons as “ an association of people for the attainment of certain end by certain means”.i.e people live together with an intention of achieving something by one another. Therefore for making a state their was a need of population, territory, government and sovereignty. With an aim of maintaining peace and harmony .
In our Constitution part 1 and part 3 talks about state, but part 1 says about formation and admission of state, whereas part 3 define state.
As we all know India is a sovereign, secular , democratic and republic state. By word sovereign State it means state have supreme and absolute power over its subjects. Under Article 12 if any action of state violates the fundamental right of an individual he can go directly to Supreme court under Article 32 (writs). So here I m going to discuss about state having its sovereign power.
Article12 under part 3 of Indian Constitution defines State as:-
‘In this part, unless the context otherwise requires, the State includes the:
● Government and parliament of India,
● Government and the legislature of each of the states and,
● All local bodies,( village Panchayat, municipal corporation etc.)
● Other authority within the territory of India and under the control of the government of India
As we go through above mentioned first three points we are clear with there meaning but last point of other authorities left‘s us in vague . What are other authorise ? As authorities defined by Dr.B.R AMBEDKAR every authority which has got either power to make law or an authority on which discretionary powers are vested. Which has only restrictive interpretation but as we go in it's liberal sense it not necessary every body is an authority who has law making power.
For restrictive sense we can see cases like University of Madras vs Santa bai AIR 1954 where a question raised that whether university comes under a definition of date or not ? As decision given by supreme court laid down a principle of 'ejusdem generis' i.e like nature will applied (like a pattern of analogy) and this means that the authorise exercising governmental and sovereign function come under authority. But this judgment was reversed in case ujjambai v.State of U.P AIR 1962.
Later in the judgment given by justice P.N.Bhagwati in case of R.D Shetty vs Airport authority of India  gave a new face to other authorities as mentioned in five points.
● Their was a chief financial funding by the central or state govt.to an authority.
● Deep and purvasive Control over a authority i.e. board of directors were appointed to make decision and function ing of authority.
● Their should be governmental function ing or for public benefit that authority will work
● A department of corporation hand over to government.
● Their was an monopoly given by government.
These test were taken into consideration in case Ajay hasia Vs Khalid mujib .
Whether NCERT comes under other authorities SC said that as govt. exercise limited control over functioning of NCERT it could be said that NCERT is an autonomous body.
Whether BCCI under Article 12 ?
In case Zee telefilms and ors.vs Union of India and ors. where it’s was taken into considerations that BCCI is an autonomous body but still state has a specific power of appointing the board.
Whether judiciary is under Article 12?
NARESH V. STATE OF MAHARASHTRA AIR 1967 SC 1 [7 ]SC laid down that judiciary act as an rational body i.e when judiciary comes to conduct exams and appointment comes under Art12 but not in taking judicial proceedings.
Recently in case Sanjay Bagel Vs Union of India and ors. supreme court in this case says that United nation doesn’t come under the definition of Article 12.
Need and importance of state
State is a sovereign body over its subjects to maintain law and order of a country where the people’s opinion matters alot for proper functioning of a state. As we live in home we need 'karta '( head of the family) for some important decision and to fulfill some duties similarly in society we need state to govern over its people to meet their need . State perform some specific functions which represents the need of state in a society like, providing shelter, food and water to the poor section of society. Provides education to all , provide funds for research and analysis for the growth of society, for developing infrastructures , impose taxes on the people of state from where it generates revenue for betterment of society , provides medical facilities to each and everyone for healthy society,etc. Shows the need of state. The major importance of state is to maintain law and order of such socially diverse country .
Author – Jaishri Gautam BACL (NAGPUR)