Constitution of Bharat: Article 12: Part 1

 

The historical background of the Constitution of India, particularly in relation to Article 12, can be traced back to the British era, which significantly influenced the legal and administrative framework of India before its independence. The journey towards the drafting of the Indian Constitution involved several key historical acts and discussions in the Constituent Assembly. Here's an overview:

British Era Historical Background:

• Regulating Act of 1773: This was one of the earliest attempts by the British Parliament to regulate the affairs of the East India Company in India, setting the stage for central governance.
• Government of India Acts: Over time, acts like those of 1858, 1919, and 1935 introduced various administrative changes. The Government of India Act of 1935, in particular, provided a detailed framework for governance, including the idea of federalism and provincial autonomy, which influenced the structure of the Indian Constitution.
• Indian Independence Act of 1947: This act effectively ended British rule over India, paving the way for the creation of independent India and Pakistan. It also established the Constituent Assembly's role in framing the new Constitution.

Discussion in the Constituent Assembly on Article 12:

• Formation of the Constituent Assembly: The Constituent Assembly was established in 1946 to draft the new Constitution. It included members from various political parties, reflecting the diversity of Indian society.
• Article 12: This article defines what constitutes the "State" for the purposes of Part III (Fundamental Rights) of the Constitution. It includes not just the government but also other authorities like local or other bodies within the territory of India or under the control of the Government of India.
  
  
  • Debates involved clarifications on what bodies should be included under the term "other authorities". Discussions were aimed at ensuring that entities performing governmental functions would be subject to the same obligations of respecting fundamental rights as the government itself.
  • Legal Interpretations: Over time, Indian courts have interpreted Article 12 expansively, with landmark judgments like Rajasthan State Electricity Board v. Mohanlal and Ramana Dayaram Shetty v. The International Airport determining which bodies could be considered "State" under this article.
• Influence of British Legal Systems: The concept of having a broad definition of the state to encompass bodies exercising governmental functions can be seen as an extension of British administrative practices adapted to the Indian context to ensure broader accountability for rights protection.

In summary, the British era provided a foundation for administrative and legal structures, which the Constituent Assembly then adapted and expanded upon to create a Constitution that reflected India's unique socio-political landscape. The discussions around Article 12 were pivotal in defining the extent of state responsibility in safeguarding fundamental rights.