Article 12 and Article 13 of the Indian Constitution Definition, Scope, and Judicial Interpretations

The Indian Constitution provides a strong framework for protecting fundamental rights, ensuring justice, equality, and freedom. Articles 12 and 13, part of Part III of the Constitution, define the scope of the "State" and establish the doctrine of judicial review, ensuring that laws do not violate fundamental rights.

Article 12: Definition of 'State' in the Indian Constitution

1. Meaning and Scope of Article 12

• Article 12 defines 'State' for the purpose of Part III (Fundamental Rights).
• It includes:
• Government and Parliament of India
• State Legislatures
• Local authorities (Municipalities, Panchayats, etc.)
• Other authorities (Statutory bodies, government-controlled institutions)

2. Article 12 and its Applicability

• United Nations (UN) and Article 12: The Delhi High Court ruled that the UN does not qualify as a State under Article 12, meaning it is not under Indian jurisdiction.
• PM CARES Fund and Article 12: The Central Government clarified that the PM CARES Fund is not a State entity, as it is a public charitable trust not created under constitutional provisions.

3. Judiciary Under Article 12

• The judiciary’s role under Article 12 depends on its function:
• Judicial functions → Not considered "State"
• Administrative functions → Considered "State"
• Key Case Laws:
• Naresh Shridhar Mirajkar Case (1966): Advocated for the judiciary’s inclusion under Article 12.
• Rupa Ashok Hurra v. Ashok Hurra (2002): Ruled that higher courts are not 'State' under Article 12.
• R.K. Jain v. Union of India (2013): Government-controlled bodies may be considered "State" under Article 12.
• Riju Prasad Sarmah Case (2015): Judiciary is not a "State" when acting judicially but is when performing administrative functions.
• Common Cause v. Union of India (2018): Regulatory bodies like the Election Commission qualify as "State" under Article 12.

Article 13: Laws Inconsistent with Fundamental Rights

1. Judicial Review and Article 13

• Article 13 ensures that laws violating fundamental rights are void.
• It establishes the power of judicial review, which allows:
• Supreme Court (Article 32) and High Courts (Article 226) to strike down unconstitutional laws.

2. Laws Covered Under Article 13

• Permanent laws enacted by Parliament or State Legislatures.
• Temporary laws, such as ordinances issued by the President or Governors.
• Delegated legislation, including orders, rules, notifications, and by-laws.
• Customs or usages having the force of law.

3. Key Judicial Rulings Under Article 13

Triple Talaq (Instant Divorce)

• Verdict: The Supreme Court declared instant triple talaq unconstitutional.
• Legislation: The Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized it, ensuring protection for Muslim women.

Decriminalization of Section 377

• Verdict: In Navtej Singh Johar v. Union of India (2018), the Supreme Court struck down Section 377, decriminalizing same-sex relationships.

Women’s Right to Property

• Verdict: In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court upheld daughters’ equal property rights in Hindu Undivided Family property.

Sabarimala Temple Verdict

• Verdict: In 2018, the Supreme Court ruled that women of all ages could enter the Sabarimala temple, overriding traditional restrictions.

Conclusion

Articles 12 and 13 play a vital role in safeguarding constitutional rights. While Article 12 defines "State" to ensure accountability, Article 13 empowers courts to protect fundamental rights through judicial review. These provisions continue to shape Indian democracy by ensuring justice, equality, and fairness in governance.