%20(1)%20(1)%20(2).png "Is Judiciary a State Under Article 12 of the Indian Constitution?")
The question of whether the Judiciary is considered a "State" under Article 12 of the Indian Constitution or whether the judiciary should be treated as a "State" under Article 12is difficult, Complicated and complex, and has been subject to judicial interpretation. There is not a simple "yes" or simple "no" answer for the question of is Judiciary a State under Article 12; it depends on the function the judiciary is performing ( remember it's depends on the Function of the Judiciary, which it is Functioning). Also listen carefully, this nuanced position has evolved over time through constitutional analysis and landmark judgments, making it a critical topic for legal scholars, students, and aspirants preparing for exams like UPSC.
तो अब, Is Judiciary a State Under Article 12 of the Indian Constitution ?
The answer is both yes and no, depending on the function it is performing. Stay with me to know Does Judiciary Fall Under "State"? Here in this article I have elaborated the question that whether the Judiciary is considered a "State" under Article 12 of the Indian Constitution.
Also Read: Is LIC a State under Article 12 of Indian Constitution.
Definition of State in Indian Constitution
The Definition of State in Indian Constitution under Article 12 is crucial and pivotal because it determines accountability for fundamental rights violations. So, what is State under Article 12? It encompasses:
- The Government and Parliament of India,
- The Government and Legislature of each State,
- Local authorities, and
- Other authorities under Article 12 within India’s territory or under the control of the Government of India.
अच्छा ! But what is State according to Article 12 when it comes to the judiciary? This is where the debate intensifies, as the judiciary’s role doesn’t fit neatly into the traditional categories of executive or legislative bodies.
What is Article 12 of the Indian Constitution?
To understand whether the Judiciary is a State under Article 12, we must first explore what is Article 12 of the Indian Constitution. Article 12 defines the term "State" for the purposes of Part III (Fundamental Rights) and Part IV (Directive Principles of State Policy). It states:
"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.'"
This broad definition clarifies the entities against whom fundamental rights can be enforced, raising the question: Does judiciary come under State Article 12?
Other Authorities Under Article 12
So, now the phrase "all other authorities" in Article 12 is the most significant and widely interpreted category. It aims to include entities performing functions akin(similar) to those of the government, even if they aren’t part of the executive, legislature, or local authorities.
The phrase "other authorities" has been interpreted by courts to include entities that:
- Perform public duties or functions of public importance
- Are substantially financed or controlled by the government
- Exercise statutory powers
This inclusive approach ensures that even bodies outside the traditional government framework can be held accountable under the Constitution.
The Supreme Court of India has expanded this interpretation through various rulings, prompting the question: Is judiciary a part of State under Article 12 UPSC aspirants often study?
Case Laws:
(i) Rajasthan State Electricity Board v. Mohan Lal (1967):
In this said landmark case, the apex or we can say Supreme Court held that "other authorities" should be interpreted broadly to include all authorities created by a statute or under the Constitution and empowered to make laws or rules having the force of law. This broadened the scope beyond purely governmental departments.
(ii) Sukhdev Singh v. Bhagatram (1975):
With the help of this case, the definition also further expanded by including statutory corporations like the Oil and Natural Gas Corporation (ONGC), Life Insurance Corporation of India (LIC), and the Industrial Finance Corporation of India (IFC) within the ambit of "State." The said court reasoned or stated that these corporations were created by statutes, had substantial state control, and performed functions of public importance.
(iii) R.D. Shetty v. International Airport Authority of India (1979):
This particular mentioned case laid down several tests to determine whether a body is an instrumentality or agency of the government, thus falling under "other authorities."
These tests include:
(a) Financial Resources: Whether the entire share capital of the body is held by the Government.
(b) Deep and Pervasive State Control: The extent of control exercised by the Government in the functioning of the body.
(c) Functional Character: Whether the functions performed by the body are of public importance and closely related to governmental functions.
(d) State Conferred Monopoly: Whether the body enjoys a monopoly status conferred or protected by the State.
(e) Historical Context: Whether the functions were traditionally performed by the Government.
(iv) Ajay Hasia v. Khalid Mujib Sehravardi (1981):
This case reiterated and refined the tests laid down in R.D. Shetty. The court emphasized that the tests are cumulative and indicative, and the existence of one or more factors might be sufficient to conclude that the body is an "authority" under Article 12. In this case, the Regional Engineering College, Srinagar, was held to be a "State" due to substantial government funding and control.
The Nuanced Position: Is Judiciary a State Under Article 12?
Does Judiciary Fall Under "State"?
The answer is both yes and no, depending on the function it is performing. The judiciary’s status as a "State" hinges on the nature of its functions, as clarified by judicial precedents. Let’s break it down:
1. Judicial Functions – (Judiciary as "State")
Judiciary as "state"- When our Judiciary Performing Administrative Functions.
We can say, when the courts perform administrative or non-judicial functions (e.g., appointment of staff, disciplinary actions, or rule-making), they are considered "State" under Article 12.
Examples:
- Framing rules for court procedures
- Hiring or disciplining court staff
- Managing court infrastructure
Plus, This means their actions in such capacities can be challenged under Article 32 or Article 226 for violating Fundamental Rights as well.
Judiciary a State case law:
(i) Rupa Ashok Hurra v. Ashok Hurra (2002):
The apex or we can say Supreme Court clarified that when the judiciary exercises its administrative functions (e.g., issuing rules, managing court staff, or acting as an employer), it can be considered a "State" under Article 12. However, when it performs judicial functions (e.g., delivering judgments or exercising judicial review), it does not act as a "State" in the context of Article 12. This distinction is critical.
2. Judicial Functions – (Judiciary as NOT "State" )
Judiciary NOT as a State - When Performing Judicial Functions)
We an say, when the courts are performing their core judicial functions, like adjudication of cases or delivering judgments, they are not considered "State" under Article 12.When the Judiciary is performing its core judicial functions—such as:
- Adjudicating disputes
- Interpreting laws
- Passing judgments and orders
So, this is because judicial decisions are not subject to writs for violation of Fundamental Rights, except in rare situations like lack of jurisdiction.
Judiciary NOT a State case law:
(i) Naresh Shridhar Mirajkar v. State of Maharashtra (1967):
The Supreme or apex Court stated or we can say held that judicial decisions made in the exercise of adjudicatory powers are not subject to fundamental rights scrutiny under Article 12, as courts are not "State" in that capacity. For instance let think, a court order cannot typically be challenged as violating fundamental rights unless it involves an administrative action.
(ii) A.R. Antulay v. R.S. Nayak (1988):
In the light of this Judicial Precedents judicial order passed by a competent court, even if erroneous, cannot violate Fundamental Rights.
State under Article 12 PDF / Article 12 of Indian Constitution PDF
For detailed reading, one can refer to the official Article 12 of Indian Constitution PDF or consult commentaries and case laws for in-depth understanding. This is especially helpful for students preparing for UPSC and law exams For those seeking deeper insights, resources like an Article 12 of Indian Constitution PDF or a State under Article 12 PDF can provide detailed analyses of judicial pronouncements.
Disclaimer: So at disclaimer portion I can say the question—Is the Judiciary a "State" under Article 12?—doesn’t have a simple yes or no answer. It really depends on what role the judiciary is playing in a particular situation. This distinction or we can say difference is based on how courts have interpreted the Constitution over time. Whether you’re researching what is State Article 12 for academic purposes or exploring whether the Judiciary is considered a "State" under Article 12 of the Indian Constitution for practical understanding, it all comes down to whether the court is acting in a judicial or administrative capacity.
Conclusion
So, is judiciary a State under Article 12? The answer depends on the function being performed:
- Yes, when the judiciary is performing administrative or non-judicial functions.
- No, when the judiciary is performing judicial functions.
So at last, the understanding of what is State in Article 12 is fundamental for interpreting the scope and enforceability of fundamental rights in India. The debate over whether the Judiciary is considered a "State" under Article 12 of the Indian Constitution continues to be a vital topic in Indian constitutional law and legal education.
*Note: Here, in this article title "Is Judiciary a State Under Article 12 of the Indian Constitution?", I have tried to explore and answer this mentioned below frequently asked queries:
- What is Article 12 of Indian Constitution
- Is Judiciary a State under Article 12
- whether the Judiciary is considered a "State" under Article 12 of the Indian Constitution or not
- Definition of State in Indian Constitution
- Other authorities under Article 12
- State under Article 12 pdf
- what is state under article 12
- what is state according to article 12
- is judiciary a state under article 12
- what is state in article 12
- what is state article 12
- Article 12 of Indian Constitution pdf
- is judiciary a part of state' under article 12 upsc
- whether the Judiciary is considered a "State" under Article 12
- Is judiciary a State case law
- does judiciary comes under state article 12
%20(1)%20(1)%20(2).png)