State Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice; Cannot Behave Like Private...
State Has Solemn Constitutional Duty to Assist Courts in Dispensation of Justice; Cannot Behave Like a Private Party
1. Introduction
The State, as the sovereign authority under the Constitution of India, has a fundamental obligation to ensure the effective, fair, and impartial administration of justice. This duty encompasses cooperation with the judiciary to facilitate smooth functioning and uphold the rule of law.
The principle that the State cannot behave like a private litigant but must assist courts in dispensing justice is rooted in constitutional values and judicial precedents.
2. Legal and Constitutional Basis
Article 12 of the Constitution defines the State to include government and instrumentalities.
Under the Doctrine of Separation of Powers, the executive (State) must respect judicial authority.
The State is expected to act as a faithful instrument for upholding justice rather than as an adversary.
3. Key Judicial Pronouncements
📌 Union of India v. Raghubir Singh, AIR 1989 SC 2067
The Supreme Court held that:
“The State is under a solemn constitutional duty to assist courts in the administration of justice and to ensure that justice is done.”
The Court emphasized that the State cannot behave like a private party, opposing or frustrating judicial processes.
📌 State of West Bengal v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571
The Court observed that:
“The State is duty-bound to protect constitutional rights and aid the judiciary in enforcing them, not to act as a mere litigant or adversary.”
This reinforces the idea of the State as a guardian of justice.
📌 Bhagat Ram v. State of Punjab, AIR 1954 SC 549
The Court recognized that the State’s conduct must always promote the cause of justice.
The State’s role transcends that of an ordinary litigant.
📌 K.K. Verma v. Union of India, AIR 1988 SC 1448
It was held that the State has a duty to act fairly and justly.
The State cannot indulge in malafide actions that obstruct justice.
4. Principle Explained
The State represents the public interest and the collective will of the people.
In litigation involving the State, it must:
Act in good faith,
Cooperate with the judicial process,
Avoid delaying tactics or obstruction,
Ensure that justice is dispensed swiftly and fairly.
When the State behaves like a private party, it undermines public trust and judicial independence.
5. Practical Implications
Government departments and agencies are expected to:
File affidavits and reports promptly,
Comply with court orders without unnecessary resistance,
Facilitate evidence gathering,
Provide access to records and information for judicial scrutiny.
The judiciary may reprimand or penalize government officers who act in a manner inconsistent with this duty.
6. Conclusion
The State’s solemn constitutional duty to assist the court in the dispensation of justice is a cornerstone of the Indian legal system. It ensures that:
Justice is delivered efficiently and fairly,
Rule of law is upheld,
Public confidence in judicial institutions remains intact.
Any deviation from this duty by the State equates to a breach of constitutional trust and hampers the administration of justice.
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