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Topic- State under article 12
Submitted to- Nasir Sir
Submitted by-Saba Afreen
16BALLLB76
3rd Group
State Under Article 12 of The Constitution Of
India
Most of the Fundamental rights provided to the
citizens are claimed against the State and its
instrumentalities and not against the private bodies.
Art. 13(2), bars the ‘state’ from making any ‘law’
infringing a Fundamental Right. Art. 12 gives an
extended significance to the term ‘state’. Art. 12
clarifies that the term ‘state’ occurring in Art. 13(2),
or any other provision concerning Fundamental
Rights, has an expansive meaning. The framers of
the Constitution used the words ‘the State’ in a wider
sense than what is understood in the ordinary or
narrower sense. The word ‘includes’ suggests that
the definition is not exhaustive. The expanding
dimension of the words ‘the State’ through the
judicial interpretation must be within the limitation
otherwise the expansion may go much beyond what
even the framers of Article 12 may have thought of.