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Question
Article 12 of the Constitution defines 'State' for the purpose of enforcement of fundamental rights. Against which of the following institutions writs cannot be issued for the enforcement of fundamental rights _______________.
Article 12 of the Constitution defines 'State' for the purpose of enforcement of fundamental rights. Against which of the following institutions writs cannot be issued for the enforcement of fundamental rights _______________.
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Solution
The correct option is D High Court
Article 12 defines the term state. The first part of it is self-explanatory which expressly tells the institutions that are to be considered as a state while the other part, “other authorities” is deduction. The Apex court has ruled in various cases the nature of other authorities and a list of institutions has been formed by these ruling which comes under the definition of State. It includes railways, Judiciary and University under its definition. Since the High Court, while acting judicially ie., not in an administrative capacity or rulemaking capacity cannot violate fundamental rights, a writ cannot be issued against High Court as it not being a state for that purpose.
Article 12 defines the term state. The first part of it is self-explanatory which expressly tells the institutions that are to be considered as a state while the other part, “other authorities” is deduction. The Apex court has ruled in various cases the nature of other authorities and a list of institutions has been formed by these ruling which comes under the definition of State. It includes railways, Judiciary and University under its definition. Since the High Court, while acting judicially ie., not in an administrative capacity or rulemaking capacity cannot violate fundamental rights, a writ cannot be issued against High Court as it not being a state for that purpose.
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