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
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 admin…