TotalNews Updates
TotalNews Updates
June 10, 2025 at 09:19 AM
🛡️ *Article 12* ♟️It defines the term ‘state’ for the purposes of Part III. ♟️ *Article 12 and applicability on United Nation (UN)* The Delhi High Court has ruled earlier that the UN is not a State under Article 12 and hence cannot be brought under the jurisdiction. ♟️ *Article 12 and PM CARES fund* The Centre recently informed the Delhi High Court in a plea seeking to declare the fund a ‘state’ under Article 12 that: ♟️PM CARES Fund is set up as a public charitable trust and is not created under the Constitution or any law made by the Parliament or the state. 💎 *Judiciary under Article 12* ♟️ *Judicial & Non-Judicial Function* When the Judiciary is discharging Judicial functions, it is not regarded as a State whereas the non-judicial function brings it under the definition of ‘State’. *💎Related Cases* ♟️ *Naresh Shridhar Mirajkar case (1966)* Judiciary should be put under the ambit of Article 12, otherwise the courts would be allowed to make rules which violate the fundamental rights of the citizens. ♟️ *Rupa Ashok Hurra v. Ashok Hurra case (2002)* Superior courts of justice do not fall within the ambit of ‘state’ or ‘other authorities’ under Article 12. ♟️ *Riju Prasad Sarmah Case (2015)* The court again held that when a court is acting in its judicial capacity, it cannot be regarded as a State. However, its administrative action is amenable to the writ jurisdiction.

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