Is Judiciary a State under Article 12?

The Constitution of India, in its elaborate framework, guarantees fundamental rights to its citizens. Article 12 plays a significant role in defining the scope of the term “State” as it relates to the enforcement and protection of these fundamental rights.

However, the inclusion or exclusion of the judiciary within the purview of Article 12 has been a topic of debate and interpretation. 

Understanding Article 12

Article 12 of the Indian Constitution defines the meaning of “State” for the purpose of fundamental rights. It includes various authorities and instrumentalities such as the government, parliament, and local authorities. However, the explicit mention of the judiciary as a “State” is absent in the text of Article 12.

Judiciary and Fundamental Rights

While the judiciary is not expressly mentioned as a “State” under Article 12, it has a crucial role in safeguarding and upholding fundamental rights. The organs of the judiciary, including the Supreme Court, High Courts, and District Courts, play a vital role in interpreting and enforcing the Constitution.

In the case of Rupa Ashok Hurra v. Ashok Hurra, the Supreme Court reaffirmed that judicial proceedings cannot violate fundamental rights. It clarified that superior courts of justice do not fall within the ambit of Article 12. The rationale behind this is that the judiciary, being an independent and impartial institution, should have the freedom to exercise its powers without undue interference or control.

Article 13 and Judicial Power

Article 13 of the Indian Constitution is another provision that relates to fundamental rights. It states that the state, including the government and legislature, should not make any law that violates the provisions of Part III of the Constitution.

The judiciary, as the guardian of the Constitution, has the power of judicial review. It can examine the constitutionality of laws and strike down those that infringe upon the fundamental rights enshrined in Part III. This power ensures that the judiciary acts as a check on the legislative and executive branches, preventing any violation of fundamental rights.

Summary

While the judiciary is not explicitly mentioned as a “State” under Article 12, the judiciary can give a ruling that violates fundamental rights. 

Article 13, empower the judiciary to review laws and strike down those that violate fundamental rights.