Is the Judiciary a State under Article 12 of the Constitution of India?
Is the Judiciary a "State" under Article 12 of the Constitution of India?
Article 12 of the Indian Constitution defines "State" for the purpose of Part III (Fundamental Rights) as:
"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."
What does "State" mean here?
Article 12 has a broad meaning of "State" to hold various organs of the government and authorities accountable under Fundamental Rights.
The key phrase is “all local or other authorities” — this has been interpreted by courts to include various instrumentalities or agencies that exercise public functions.
Is the Judiciary included?
The Judiciary is an independent organ of the State, alongside the Executive and Legislature.
But is the Judiciary itself "State" under Article 12?
Judicial Interpretation
Early Cases:
Initially, courts took a narrow approach and didn't directly say the Judiciary is "State" for Article 12.
S.P. Gupta v. Union of India (1981):
The Supreme Court ruled that the Judiciary is part of the State within the meaning of Article 12.
This means courts and judges, when exercising judicial functions, are State and subject to Fundamental Rights obligations.
Subsequent Clarifications:
However, when judges act in a private or personal capacity, they are not "State."
The Judiciary as an institution is "State," but individual judges are protected by judicial immunity when acting in their judicial functions.
Relying on Public Function Test:
The Judiciary exercises public power, so it qualifies as an authority of the State.
Therefore, its actions can be challenged under Fundamental Rights if they violate constitutional guarantees.
Summary
| Question | Answer |
|---|---|
| Is Judiciary a "State"? | Yes, the Judiciary is part of the State under Article 12. |
| Why? | Because it performs public functions and is a constitutional organ of the State. |
| Can it be held accountable under Fundamental Rights? | Yes, subject to judicial immunity for individual judges. |
Bottom line:
The Judiciary is a "State" under Article 12 of the Indian Constitution for the purposes of Fundamental Rights.
This inclusion allows people to challenge judicial actions or orders that violate their fundamental rights.
However, the doctrine of judicial immunity protects judges from personal liability for their judicial decisions.
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