In this Act, unless the context otherwise requires,—
(a) "election" means any election, by whatever means held under any law for the purpose of selecting members of Parliament or of any Legislature, local authority or other public authority;
(aa) "prescribed" means prescribed by rules made under this Act;
(b) "public duty" means a duty in the discharge of which the State, the public or the community at large has an interest;
Explanation.— In this clause "State" includes a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);
(c) "public servant" means—
(i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority;
(iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company;
(iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(v) any person authorised by a court of justice to perform any duty, in connection with the administration of justice;
(vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election;
(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty;
(d) "undue advantage" means any gratification other than legal remuneration.
Explanation.— For the purposes of this clause,—
(a) the expression "gratification" is not limited to pecuniary gratifications or to gratifications estimable in money;
(b) the expression "legal remuneration" is not restricted to remuneration which a public servant can lawfully demand, but includes all remuneration which he is permitted by the Government or the organisation, which he serves, to accept.
Legal Commentary & Landmark Judgments: Section 2
Section 2 establishes the statutory definitions under the Act, most notably providing an expansive, functional definition of 'public servant' under clause (c).
Section 2 provides an expansive functional definition of public servants, extending anti-corruption enforcement to all individuals performing duties in which the state or public has an interest.
Explanation 1 clarifies that persons falling under any enumerated description are public servants whether appointed by the government or not. Explanation 2 emphasizes that wherever the words 'public servant' occur, they shall be understood of every person who is in actual possession of the post, notwithstanding any legal defect in their appointment.
Section 2(c) consciously departed from the narrow, technical definition of public servant under Section 21 of the IPC. The Indian judiciary has consistently applied a functional test: anyone discharging a public function impacting the general public is deemed a public servant, denying immunity to officials of aided trusts, deemed universities, and privatized public utility providers.