By – Prapti Sachan

The Constitution of India, through Article 12, defines the term ‘State’. After mentioning a few terms like the Government, Parliament, Legislature of the States and local authorities, Article 12 enumerates Other Authorities. There has been a great amount of confusion over-interpreting this phrase. Traditionally, this framework was understood as limited to include entities created through statutes or those under the control of the government; however, with the evolving jurisprudence and judicial opinion on this, its scope has been expanded to include agencies and instrumentalities under the purview of ‘State’ in specific circumstances. This chapter explores this dynamic expansion, evaluates its impact on constitutional law and governance, and analyses the constitutional rationale and practical implications of including private entities within the ambit of ‘State’ to enforce fundamental rights. It interrogates whether the expansion of Article 12 dilutes the distinction between State and private actions or serves as a necessary corrective in the era of privatization and corporate dominance. Additionally, the chapter considers whether this trend reinforces the transformative potential of the Indian Constitution, ensuring that private power does not escape the safeguards meant to protect individual freedoms and social justice. By contextualizing this expansion within the broader constitutional theory, this chapter argues that the expansion of ‘State’ strikes a delicate balance between protecting fundamental rights and recognizing the changing socio-economic landscape. Including private entities under constitutional scrutiny ultimately fosters accountability and extends the reach of constitutional governance into previously shielded private domains.

Keywords: State, Fundamental Rights, Public Function, Privatization, Private Entities.