Should judiciary be regarded as a state”. As per the Indian Constitution
This Article is written by Lakshmi Singh, a student of Law at Lovely professional university, in Punjab.in this Article gives an analysis of the Topic, “ should judiciary be regarded as a state under Article 12 of the indian constitution .
In part III of the Constitution of India, also appertained to as Magna Karta of the constitution, the constituent assembly has handed the abecedarian rights to the citizens of India. The rights guaranteed under it are to be defended by the State, and in case of its failure, the citizens are given the right to claim them against the State by way of filing a writ solicitation. Hence, it’s important to understand what comes under the dimension of ‘ State ’ to ascertain the protection of these rights.
Significance of independence of the judiciary
The meaning of the bar is still not clear after times of its actually . Our constitution by the way of the vittles just addresses of the independence of the bar but it is not where defined what actually independence of the bar .
Article 12 of the Indian constitution
Article 12 of Indian constitution says that, the words “State” has been defined as state includes the government and parliament, state government and all other local authorities and other authorities.
- Under the territory of India and
- Under the control of the government of India.
Should judiciary be regarded as state?
As we can see that “state” includes the Central Government, state government, legislature of each state, parliament and all local and other authorities. But it does not includes the judiciary in Article 12 of the Indian constitution Along with two other vital organs of the state .judiciary is undoubtedly one of the three organs of the state .it is a basis structure of the constitution. In Indian democratic system it is an artery and law is supreme. The constitution which creates the judiciary is supreme law of land.
In Rupa Ashok Hurra vs. Ashok Hurra & Anr 2002
The supreme court held that the superior courts of justice ( the supreme court and the high court) do not fall within the category of state or other authorities under article 12 of the constitution. Article 32 can be invoke only for the purpose of enforcing the fundamental rights, in part III of the Indian constitution.it is a settle position in law that no judicial order passed by any superior court in judicial proceedings can be said to violate any of the fundamental rights enshrined in part III.
In Ratilal v. State of Bombay, Air 1954 SC 388
In this case it was held that judiciary is not state for the purpose of Article 12. It was imposed that no outside authority had any right to say that those were not essential parts of religion and it was not open to the secular authority of the state to restrict or prohibit them in any manner they liked under the guise of administering the trust estate.
But in supreme court in case of A.R Antulay vs. R.S.Nayak (1988)
It has been observed that when rulemaking power of judiciary is concerned it is state but when exercise of judicial power is concerned it is not state. In this case the has explain that , the court whether is judiciary or not. It was inappropriate to assume that a judicial decision pronounced by a judge of competent jurisdiction in or in relation to a matter brought before him before him for adjudication . it could affect the fundamental rights.
As we know that every individual in a society to understand the value of law . Law we can understood as a tool to keep the society peaceful manner, problem free and to prevent conflict between people by regulating their behavior. In this purpose, judiciary play a vital role in the rule making process and gives justice according to need and situation.
Judiciary play a significance role in making rules and regulations , and it is also known as safeguard of the constitution and protects the rights of citizen .framers of the constitution are much aware about the importance of judiciary to make it independence .
As we know that judiciary play a significance role in making the rules and regulations. Parliament , legislature and judiciary are three organs of the Indian democracy . they are independent but they interlinked with each other , an independent judiciary is essential to preserving the rule of law , for good governance and free and fear justice. It is not come under the state when exercise of judicial power is concerned but it is come under the state when exercise rulemaking power of judiciary .
Ratilal v. State of Bombay, Air 1954 SC 388
A.R Antulay vs. R.S.Nayak (1988)
Rupa Ashok Hurra vs. Ashok Hurra & Anr 2002
Dr. Narender kumar ,Constitutional Law of India, Allahabad law agency
Dr. K.C joshi , constitutional law of India, Central law publications
Author: Lakshmi singh,
Lovely Professional University,2nd year of B.A., LL.B/ law student