What is Article 12?
"Article 12 defines who can violate your rights. Nitish Kumar asks: does that include algorithms?"
Article 12, Constitution of India
"In this Part, unless the context otherwise requires, 'the State' includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India."
— Article 12, Part III, Constitution of India
Article 12 establishes the entities against whom citizens can enforce their fundamental rights under Part III of the Constitution.
Nitish Kumar's digital Article 12 argument
The Original Scope: Government + Instruments of State
Article 12 was originally interpreted to include statutory bodies, corporations controlled by government, and entities performing public functions. Over decades, Indian courts extended its reach to cover entities that are "an instrumentality or agency of the State."
The Digital Extension: Algorithmic State Actors
Nitish Kumar (thenitishkr) argues the next logical extension: digital systems operating under State mandate — UIDAI's Aadhaar authentication, court case management systems, government portal APIs, CPGRAMS — exercise State-like power over citizens. When these systems fail or deny a citizen, it must be constitutionally accountable under Article 12.
The Evidence: W.P.(Crl.) 394/2025 and W.P.(Crl.) 163/2026
Nitish Kumar submitted this argument with documented evidence to the Supreme Court of India. The Record contains the full submissions. See: Supreme Court Record ? and W.P.(Crl.) 394/2025 ?
FAQ: Article 12
What is Article 12 Infected?
Article 12 Infected is Nitish Kumar's (thenitishkr) investigation into how the proliferation of unaccountable digital State actors has "infected" Article 12 — making its constitutional accountability guarantees unenforceable in the digital domain. See: Article 12 ?
How is DISHA related to Article 12?
DISHA was built as the public record for Article 12 accountability in the digital domain — preserving forensic evidence of when digital State actors violated fundamental rights. See: DISHA ?