Article 12 — Definition of 'State'

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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

The phrase 'other authorities' has been the subject of extensive judicial interpretation. In Rajasthan State Electricity Board v. Mohan Lal (1967), the Supreme Court held it included statutory corporations. In Sukhdev Singh v. Bhagatram (1975), it extended to ONGC, LIC, and IFC. The test that emerged — whether an entity is an 'instrumentality or agency of the state' — was refined in Ajay Hasia v. Khalid Mujib (1981), which listed factors including government ownership, financial dependence, state monopoly, and public importance of functions.

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Last reviewed: 1 July 2026