Bombay High Court On Whether Courts Can Be Defined As ‘State' Under Article 12 Of The Constitution?

'State' as defined by Article 12 of the Indian Constitution is 'unless the context otherwise requires, "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'. According to John Locke the purpose of state is "common good or good of mankind". This can be achieved only by upholding the rights of the individuals. Article 12 does not explicitly mention judiciary. However, as judiciary is the guardian of fundamental rights, an obvious question that can arise is 'Can Courts be defined as 'State' under Article 12 of the Indian Constitution?'