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On the perusal of the definition of State as provided in the Article 12 of the Constitution, it is clear that Judiciary has not been specifically mentioned. Thus, to determine whether Judiciary falls under the definition of State, it is important first to determine whether Judiciary is performing judicial or non judicial functions.
In Naresh Shridhar Mirajkar v. State of Maharashtra 1967 AIR (Supreme Court) 1, Hon’ble the Supreme Court without expressing any definitive opinion observed that even if the Court is considered within the meaning of term ‘State’ under Article 12, a writ under Article 32 cannot be issued to the High Court. Thus, the Court opined that judicial orders cannot be said to violate the Fundamental Rights.
Recently, in Riju Prashad Sharma v. State of Assam 2015 9 SCC 461, Hon'ble the Supreme Court categorically held that while acting on the judicial side, Courts cannot be held to be ‘State’ under Article 12 of the Constitution. However, when the Courts are acting in purely administrative capacity, then they may attract writ jurisdiction against their Administrative actions.
–Authored by Akinchan Aggarwal, co-founder of LAWIZARD and an Advocate at the Punjab & Haryana High Court, this article reflects his extensive legal expertise. Holding a Masters degree in Law, he has served as a Legal Researcher in the Punjab and Haryana High Court, Chandigarh, and his contribution is accredited in various reported judgments of the High Court.
