Whether judiciary is state or not ?

Querist : Anonymous (Querist) 02 December 2011 This query is : Resolved
I know that a PIL can be filed against State.I wanna file a PIL against judiciary.

Follow Query

Report Abuse

V R SHROFF (Expert) 02 December 2011
Who will bell a cat? We are all involved in jusdis system

Shailesh Kr. Shah (Expert) 02 December 2011
No fruitful result would be found. Make complain of Judiciary is best remedy.

Devajyoti Barman (Expert) 02 December 2011
The judiciary being the instrumentality of the state, the state having all pervasive control over it; the judiciary comes under the purview of State as embodied in Article 12 of the Constitution.

Guest (Expert) 02 December 2011
judiciary is a state as per the article 12 of the constitution of india.

Raj Kumar Makkad (Expert) 02 December 2011
Though judiciary is a State but not for filing PIL as you want to ask.

Advocate. Arunagiri (Expert) 02 December 2011
What is the relief you are planning to seek?

based on that I can give my opinion.

prabhakar singh (Expert) 02 December 2011
A judiciary is also the one of the three organs of the state.PIL is a concept developed but not applied so far against judiciary then without facts and circumstances of a case no out right opinion
about PIL's merits or demerits against judiciary can be formed. can

M/s. Y-not legal services (Expert) 02 December 2011
post your fact of your case..

Murali Krishna (Expert) 02 December 2011
I beg to differ. Judiciary is not State. Art.12 states ..."the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Judiciary does not fall under other authorities, neither it is Government nor Legislature or Parliament.

Raj Kumar Makkad (Expert) 03 December 2011
Jurists like H.M.Seervai, V.N.Shukla consider judiciary to be State. Their view is supported by Articles 145 and 146 of the Constitution of India.
( i ) The Supreme Court is empowered to make rules for regulating the practice and procedure of Courts.
( ii ) The Supreme Court is empowered to make appointments of its staff and servants; decide the its service conditions.

In Prem Garg v/s Excise Commissioner H.P. the Supreme Court held that when rule making power of judiciary is concerned, it is State.
Other jurists say that since judiciary has not been specifically mentioned in Article 12, it is not State.

In Rati Lal v/s State of Bombay , it was held that judiciary is not State for the purpose of Article12. In A.R.Antulay v/s R.S.Nayak and N.S.Mirajkar v/s State of Maharashtra , it has been observed that when rule making power of judiciary is concerned it is State but when exercise of judicial power is concerned it is not State.