Against whom Fundamental Rights are available? In this context, refer to the meaning of the term ‘State’ in Part III of the Constitution.

Definition of "State" under Article 12:

According to Article 12, the term "State" includes:

1. The Government and Parliament of India,
2. The Government and Legislature of each State,
3. Local Authorities, and
4. Other Authorities:
   • Within the territory of India, or
   • Under the control of the Government of India.

Scope of "Other Authorities":

The term "other authorities" is not explicitly defined in the Constitution, General Clauses Act, or other statutes. Its interpretation has evolved through judicial pronouncements.

1. Ejusdem Generis Principle: In University of Madras v. Shanta Bai (AIR 1954 Mad 67), the court held that "other authorities" should include only entities performing governmental or sovereign functions. However, this restrictive interpretation was later discarded.

2. Rejection of Restriction: In Ujjam Bai v. State of Uttar Pradesh (1963 1 SCR 778), the Supreme Court ruled that the rule of ejusdem generis is inapplicable to Article 12 since the entities listed therein do not share a common characteristic.

3. Expanded Interpretation: In Rajasthan Electricity Board v. Mohan Lal (AIR 1967 SC 1857), the Supreme Court broadened the scope to include any statutory authority, irrespective of whether it performs governmental or commercial functions, as long as powers are conferred by law.

Key Judicial Tests for Determining "State":

In Ajay Hasia v. Khalid Mujib Sehravardi (1981 AIR 487), the Supreme Court laid down criteria to determine whether a body qualifies as "State." These include:

1. Financial, functional, or administrative control by the government,
2. Government funding constituting a significant portion,
3. Monopoly status conferred by law,
4. Whether the body performs public duties akin to governmental functions.

The principles were further refined in Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002), emphasizing that control must be substantial and not merely regulatory.

Fundamental Rights are enforceable against the State as broadly defined under Article 12. Judicial interpretation has ensured that this definition is not rigid but inclusive of evolving governmental and quasi-governmental functions. This ensures that individuals are protected from violations of their rights by a wide range of entities performing public functions.