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

The SC, in A.R. Antulay v. R.S. Nayak (1988), clarified that Judiciary is included in the definition of State but only for its administrative function
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Is Judiciary a Part of the State Under Article 12 of the Indian Constitution?

The term "State" is defined under Article 12 of the Indian Constitution, which includes:

  • Government and Parliament of India i.e. the Executive and Legislature of the Union. 
  • Government and Legislature of each State i.e. the Executive and Legislature of the various States of India. 
  • All the local authorities such as municipalities, panchayats, district boards, port and improvement trusts, etc.
  • All other authorities that are present in Indian territory or are operating under the supervision of the Government of India i.e. statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.

However, whether the Judiciary is a part of the "State" under Article 12 has been a subject of debate.

Judiciary as "State" – Administrative Functions

The Supreme Court, in A.R. Antulay v. R.S. Nayak (1988), clarified that Judiciary is included in the definition of "State" but only for its administrative functions. This means:

  • When courts make rules, appoint judges, or handle administrative matters, they are bound by fundamental rights and must act within constitutional limits.

Judiciary as Independent – Judicial Functions

However, when courts perform their judicial functions (giving judgments, interpreting laws), they are not considered "State" under Article 12. This ensures judicial independence and prevents interference in decision-making.

Understanding Through an Example

Imagine a school as the "State" (government). The principal represents the judiciary (courts).

  • The principal has two roles:
    1. Administrative role – Managing teachers, setting rules, handling admissions, etc.
    2. Decision-making role – Taking disciplinary actions based on school rules (like suspending a student).

Now, if the principal denies a student admission based on unfair reasons, the student can challenge it, because administrative actions must follow fundamental rights (e.g., equality).

However, if the principal punishes a student for breaking school rules, that’s a judicial decision and cannot be challenged under fundamental rights.

Applying This to the Judiciary as "State"

  • The Supreme Court said that courts are part of the "State" (Article 12) only for their administrative actions (like appointing judges, hiring staff, managing cases, etc.).
  • But when they give judgments, they are independent and not bound by fundamental rights in the same way.

Conclusion

  • Judiciary is a "State" for administrative purposes.
  • Judiciary is NOT a "State" for judicial functions.
    This balance maintains the independence of the judiciary while ensuring that its administrative actions remain accountable under the Constitution.

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