UPSC Indian Polity Prelims Mains Notes UPSC Polity Polity UPSC Constitution Polity MCQs Quiz Pyqs
UPSC Indian Polity Prelims Mains Notes UPSC Polity Polity UPSC Constitution Polity MCQs Quiz Pyqs
June 10, 2025 at 07:01 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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