Is Judiciary A Part of State Under Article 12 of the Indian Constitution


Author: Anchal Jain, Department of Law, Rajiv Gandhi College, Barkatullah University, Bhopal, India


To The Point


The Indian Constitution delineates the framework of governance and assigns the responsibilities and rights of the state and its citizens. Article 12 of the Indian Constitution delineates the notion of “state” for the purposes of Part 3 (Fundamental Rights) and is a crucial element of constitutional interpretation.
The term ‘state’ encompasses:
· The government and parliament of India
· The government and legislature of each individual state
· All local or other authorities within India
· Authorities under the jurisdiction of the government of India


Legal Jargon 
Essential legal terminology encompasses,
Article 12 of the Constitution delineates the term ‘state’ as encompassing the governing body and parliament of India, every state’s government and legislature, as well as every local or other government within the state of India or under the jurisdiction of the Government of India.


·       Judiciary
The branches of government responsible for interpreting and applying laws.


·       Fundamental rights
Part 3 of the constitution talk about fundamental rights which is provided guarantee to the citizen of country and enforceable against the state.


·       Instrumentality of the state
Entities that perform public functions and fall within the ambit of article 12.


The Proof


Article 12 explicitly mentions legislative and executive organs but omits a direct reference to the judiciary. The judiciary’s inclusion is context-dependent:
1.    In judicial functions
Under article 12 the judicial decision themselves are generally not considered ‘state action’ as interpreting and enforcing laws is distinct from legislative and executive powers.


2.    In administrative and non-judicial functions
When courts exercising non-judicial or administrative actions, act as part of the state and can be subjected to scrutiny under fundamental rights.


Abstract


This article examines the constitutional framework and jurisprudence surrounding article 12, addressing the inclusion of the judiciary within its ambit. It explores whether judicial actions can violate fundamental rights and whether remedies against judicial bodies are constitutionally sanctioned. The supreme court has interpreted the term “state” to include statutory corporations that perform important public functions such as the life insurance corporations of India (LIC), Oil and natural gas commission (ONGC), the court has also ruled that even if a body is not created by statute, it could still be regarded as an “authority” if it is an instrumentality or agency of the government.


Case Laws
1.    Rupa Ashok Hurra v. Ashok Hurra (2002)
This case held that and highlighted those judicial decisions cannot be challenged as violations of fundamental rights unless bias, fraud, or a miscarriage of justice is evident.
2.    Naresh Shridhar Mirajkar v. state of Maharashtra (1966)
In this case it was held that judicial order does not constitutes ‘state action’ unless it relates administrative functions.
3.    Sukhdev Singh v. Bhagat Ram (1975)
This case established the principle of instrumentality, interpreting bodies performing public functions under state control.


Conclusion


Judiciary as constitutional organs perform a unique function, and also play a very important role in constitution and it is distinct from legislative and executive branches. The judiciary is the part of the state when performing administrative function but remains independent in its judicial role. Judicial pronouncements themselves generally do not attract the provisions applicable to other state entities.


FAQS


Q1- Is the judiciary is the part of the state under article 12?
Ans- when judiciary is performing administrative functions, is considered part of the state. However, judicial decision is generally not treated as state action under article 12 of the Indian constitution.


Q2.- Can fundamental rights be enforced against judicial actions?
Ans- only administrative actions by the judiciary can be challenged under fundamental rights. Judicial decisions, unless tainted by fraud or bias, are not subject to such challenges.


Q3.- which case law is most important in interpreting the judiciary’s status under article 12?
Ans- Naresh Shridhar Mirajkar v. state of Maharashtra (1966) is foundational in different judicial functions from administrative actions.


Q4.- what recourse is available against judicial misconduct?
Ans- Remedies such as, appeal, review and curative petitions are available for addressing judicial errors or misconduct.  

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