Boundaries of the 'State'
Explore Boundaries of the 'State' using diverse variant formats.
Consider the following Assertion and Reasons:
Solution & Analysis
Imagine you are a constitutional lawyer. Three clients approach you demanding to sue entities for Fundamental Rights violations. Client A wants to sue the State Legislature for passing a restrictive law. Client B wants to sue their Political Party for expelling them without a hearing. Client C wants to sue the High Court Registry (administrative wing) for unfairly rejecting their job application. Which clients can successfully invoke Article 12?
Solution & Analysis
Consider the following entities to determine their classification under Article 12:
Solution & Analysis
Quick Recall
Concept Flow Mapping
Concept Question
According to Supreme Court interpretation, does the Court act as the 'State' under Article 12 when delivering judicial decisions?
No. While acting administratively it is the State, but when delivering judicial decisions, the Court does not fall within the meaning of the State.
Examiner's Trap
Candidates easily recognize Gram Panchayats and LIC as the State but often assume that because the Supreme Court is the ultimate government authority on law, its judicial decisions must be the 'State' (missing the administrative vs. judicial nuance). They also assume political parties, being so powerful, are state entities.
Core Insight
No. In the Rupa Ashok Hurra case, the Supreme Court ruled that its judicial decisions do not fall within the meaning of 'State' under Article 12, so a judicial proceeding itself cannot be challenged as a Fundamental Rights violation.