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Is the judiciary a part of the ‘other authority’ in Art. 12 of the Constitution?
- a)No
- b)Yes
- c)Depends on circumstances
- d)None of the above
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Is the judiciary a part of the ‘other authority’ in Art. 1...
In Rupa Ashok Hurra v Ashok Hurra[8], the Supreme Court reaffirmed and ruled that no judicial proceeding could be said to violate any fundamental right. It was said to be a settled position of law that superior courts of justice do not fall within the ambit of ‘State’ or other authorities under Article 12. Therefore, it can rightly be said that while courts perform their administrative function, they are within the State’s definition and cannot violate any fundamental rights of the citizen. Still, when they give judicial decisions, they do not come within the meaning of State.
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Is the judiciary a part of the ‘other authority’ in Art. 1...
Explanation:
Judiciary as a Part of 'Other Authority' in Art. 12 of the Constitution
The term 'other authority' in Article 12 of the Constitution of India refers to bodies or entities that are not explicitly mentioned as part of the State but perform functions that are akin to those of the State. The judiciary is considered as a part of the 'other authority' in Art. 12 of the Constitution because of the following reasons:
- Functions: The judiciary performs functions that are crucial for upholding the rule of law, protecting fundamental rights, and ensuring justice in society. These functions are similar to those performed by the State.
- Independence: The judiciary is an independent organ of the State that acts as a check on the executive and legislative branches. Its autonomy and authority are essential for maintaining the balance of power in a democratic system.
- Adjudicatory Powers: The judiciary has the power to interpret laws, review the actions of the government, and provide remedies to individuals whose rights have been violated. This adjudicatory role makes it a significant player in the governance structure.
- Constitutional Interpretation: The judiciary plays a crucial role in interpreting the Constitution and ensuring that the actions of the State adhere to the principles and values enshrined in the Constitution. This function underscores its importance as an 'other authority.'
Therefore, based on these reasons, it can be concluded that the judiciary is indeed a part of the 'other authority' in Article 12 of the Constitution of India.
Judiciary as a Part of 'Other Authority' in Art. 12 of the Constitution
The term 'other authority' in Article 12 of the Constitution of India refers to bodies or entities that are not explicitly mentioned as part of the State but perform functions that are akin to those of the State. The judiciary is considered as a part of the 'other authority' in Art. 12 of the Constitution because of the following reasons:
- Functions: The judiciary performs functions that are crucial for upholding the rule of law, protecting fundamental rights, and ensuring justice in society. These functions are similar to those performed by the State.
- Independence: The judiciary is an independent organ of the State that acts as a check on the executive and legislative branches. Its autonomy and authority are essential for maintaining the balance of power in a democratic system.
- Adjudicatory Powers: The judiciary has the power to interpret laws, review the actions of the government, and provide remedies to individuals whose rights have been violated. This adjudicatory role makes it a significant player in the governance structure.
- Constitutional Interpretation: The judiciary plays a crucial role in interpreting the Constitution and ensuring that the actions of the State adhere to the principles and values enshrined in the Constitution. This function underscores its importance as an 'other authority.'
Therefore, based on these reasons, it can be concluded that the judiciary is indeed a part of the 'other authority' in Article 12 of the Constitution of India.
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Is the judiciary a part of the ‘other authority’ in Art. 12 of the Constitution?a)Nob)Yesc)Depends on circumstancesd)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
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