No, the judiciary is not considered a “State” under Article 12 of the Indian Constitution.
Article 12 of the Indian Constitution:
It defines “State” for the purposes of Part III (Fundamental Rights) of the Constitution. According to Article 12, the term “State” includes:
- The Government and Parliament of India,
- The Government and Legislature of each State,
- All local authorities, and
- Other authorities within the territory of India or under the control of the Government of India.
The judiciary, as an independent body, interprets and applies the law, but it is not classified as a “State” under Article 12. However, when the judiciary is performing administrative or non-judicial functions, it may be considered as acting on behalf of the State and can be subjected to judicial review in terms of fundamental rights violations.
In its judicial capacity (e.g., delivering judgments), the judiciary is not treated as “State” under Article 12.
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