Whether judiciary is a state?
KANDE VENKATESH GUPTA
(Querist) 01 September 2008
This query is : Resolved
In which Judgment it is held that "Judiciary is not a State" within the meaning of Article 12 of the Constitution of India
Adv.Shine Thomas
(Expert) 01 September 2008
A.R.Antualay vs R.S.Nayak,(1988)2 SCC 602.
K.C.Suresh
(Expert) 02 September 2008
Dear Venkatesh, In Antuly case the SC has approved the decision Naresh Mirajkar case(AIR 1967 SC 1) All the questions are raised for the violation of FR. A judicial act will not violate the FR as that is not a State. In Rupa Ashok Hurra v Ashok Hurra AIR 2002 SC 1771 a constitutional bench of 5 judges held that no judiacila proceeding could be said to violate any of the FR. Even though this is the settled law, the observation in Naresh Mirajkar v. State of Maharashtra AIR 1967 SC 1 it is observed that while excersicing the rule making powers the judiciary is covered by the expression state with Art.12 but while performing its judicial functions it is not so included.
sarita
(Expert) 02 September 2008
The case of Naresh Mirajkar AIR1967 SC 1 is an important case on this point,but it does not give any definite answer.
