This question has raised a controversy, because of non-mentioning of judiciary under Art, 12. Judiciary is the prominent organ of the State. Legislature frames the law and executor organ implements them and enjoys vast power of delegated legislation as well. One of the most important functions of Judiciary is to check invasion of fundamental right by these two organs and their instru­mentality.

Judiciary is to turn down the rules, regulation, which are in clear violation of fundamental rights. Inclusion of judiciary under Art. 12 sets judiciary as the possible violator of fundamental rights as well. This will naturally give rise to multiplicity of proceeding before the court. Court being the guardian of the constitution is not supposed to violate the fundamental rights.