ABSTRACT
The liberalization, privatization, and globalization (LPG) reforms in India has significantly altered and transformed the functions of the state, prompting a critical reassessment of Article 12 of the Indian Constitution, which defines “State” in relation to fundamental rights. As private entities increasingly take on roles traditionally held by the state, it becomes essential to expand the interpretation of Article 12 to ensure that constitutional protections and fundamental right protection evolve alongside the changing socio-economic environment. This paper will throw light on the current legal framework and judicial interpretations of “State” under Article 12, examining both its inclusions and limitations concerning corporate and quasi-state actors. This paper will analyse various factors which posed challenge to the current definition of state and accountability of private entities, this research highlights deficiencies in the existing Article 12 framework that hinder citizens’ rights against influential non-state entities. The paper proposes amendments aimed at redefining the enforcement of fundamental rights against “State” and “Private entities” more inclusively, thereby enabling the Constitution to meet contemporary societal demands and enhance the protection of fundamental rights within the LPG context.
Keywords: State, Indian Constitution.
- Introduction
The Indian constitution is considered to be the lengthiest written constitution and it is almost 75 years old constitution, which plays vital role even today in this contemporary world, in protecting the rights of individuals. The Indian constitution not only confers rights on individuals, but it also imposes a negative duty on the state to not violate the fundamental rights of the people, which is conferred under Part III from article 12 to 35. It further provides for enforcement mechanism, in case of violation of fundamental rights of the people suitable remedies are also provided under Indian constitution.
At the time of framing of our Constitution of India, the fundamental rights are made enforceable against state and state only. Further at 1950’s there is no wider concept of liberalisation, globalisation and privatisation (LPG). Even the constitution makers would not have thought about all these so called LPG, at the time of enactment of constitution. But in this today’s world the private players in the market plays a vital role in development of economy of the country and at the same time, it created an ample of employment opportunities for the people and thereby employed people, and in this todays situation, majority of the our population are working under private entities and corporates. Now the big question and challenge before us is, if the private entities violate the fundamental rights of people, whether fundamental rights are enforceable against private entities?If so how. This research article seeks to examine the legal provisions, and need for amendment into the existing legal framework, to make it fit for our contemporary nation and protect the fundamental rights of individuals.