Bar Associations Are Not "State" Under Article 12 Of The Constitution Of India: Bombay High Court's Landmark Ruling
In a recent and significant ruling, the Bombay High Court clarified that Bar Associations do not fall under the definition of "State" as mentioned in Article 12 of the Constitution of India. This judgment has far-reaching implications for legal professionals and constitutional scholars, especially regarding the scope of fundamental rights against private entities. What Does Article 12 Say? Article 12 of the Indian Constitution defines the term "State" for the purpose of Part III, which guarantees fundamental rights. According to Article 12, the term includes: The Government and Parliament of India, The Government and the Legislature of each State, All local or other authorities within the territory of India or under the control of the Government of India. Essentially, if a body falls under this definition, citizens can seek enforcement of their fundamental rights against it. That’s why determining whether an entity is "State" is crucia...