Table of Contents
Background –
Fundamental Rights Negative obligations on the Part of the State
- FR’s Prohibit the State from acting against the interest of individuals.
- g. Article 15 prohibit the State from discriminating amongst its Citizens only on the grounds of Religion, Race, Caste, Sex or Place of Birth or any of them.
What comes under the ambit of State for the purpose of FR’s?
- Article 12 answers this –
- Article 12. – Definition.—In this Part (ie. Part 3 of the Constitution- FR’), unless the context otherwise requires, “the State” includes –
- the Government and Parliament of India and
- the Government and the Legislature of each of the States and
- all local authorities or
- other authorities within the territory of India or under the control of the Government of India.
Will Judiciary fall under the definition of State? Can Judiciary Infringe our FR’?
- Functions of Judiciary
- Judicial Function
- Administrative Function
Judicial Functions
- Primarily – Decide Cases.
- Passing Judgement, Orders, Decrees etc.
- Punish for its Contempt.
- Interpretation of Statutes
Administrative Functions-
- concerned with the day-to-day functioning of the Court
- Appoints its staff
- Decides terms and Conditions of its Staff
- Higher Courts grant leaves to Judicial Official of lower courts
- An erred Judgement which may give punishment, may be appealed to the higher judiciary. But it will not be said to be infringing the Fundamental Rights of the convict.
- But when Judiciary is performing the Administrative Functions, and in the course does something which goes against the Fundamental Rights of affected individuals, then Judiciary falls under the definition of State, and can be held accountable for the same.
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