The introduction of NEP (New Economic Policy)in 1991 open the pandora box for the Indian Constituion to develop. The demand for the dynamic interpretation of the constituion become the necessity. To overcome the situation parliament did nothing more than enacting new laws as per the guidelines of the WTO. The load on the judiciary increased tremendously to overcome the difficulties faced by the citizens of India.
There are seven reasons for widening the concept of state under the constitution of India.
Firstly, Corporate culture has tremendously increased their area of influence. Due to which, it become necessary to specify the meaning of state.
secondly, The preamble of the constitution of India, which,while defining the objectives clearly resides the soverignty in the hands of the people of India. This makes it clear that to achieve the goals of the preamble such as justice of social, economic and political, the law must be made to administer the justice to the people of India.
Thirdly, The growth of Compensatory jurisprudence in Inida. The dilution of sovereign immunity has widened the net of compensatory jurisprudence. Due to which it become necessary to define the limits of the public authorities.
Foruthly, the constitutional philosophy of a democratic socialist republic requires the Government to undertake a multitude of socio-economic operations and he Government, having regard to the practical advantages of functioning through the legal device of a corporation embarks on myriad commercial and economic activities by resorting to the instrumentality or agency of a corporation.(Ajay Hasia v. Khalid Mujib, AIR 1981 SC 487).
Fifthly, the historical context in which the doctrine of "state Action" evolved in the U.S. is irrelevent for India. We are a developing nation. And we had to do different type of socio-economic work. The state aid though would be the criteria of state action but the limit it had earlier been broaden now.
Sxthly, The need of the hour is not only liberalised economy but some thing more than that. In The guise of liberalism we can not scot free the corporate regime out of the context of state action. The Coporate working as the public forum or gives an impression as that of a public forum must be come under the net of state.
Seventhly, the development of India is lopsided. It needs the collaboration of both social responsibility of the corporate sector and the social functionaries of the government. To broadened the net of the state thus is the necessity.
To be with the author is my nesessity. i am bound to admit and stand with the author in justifying his title private shades of state. The constitution needs new constitutional theory to make it contemporary and a living organism. The dyanamic character of the constitution is well defined above in the authors initiative to produce it in a way different from the traditional interpretative techniques.
In the words of Sir James Fitzjames Stephen, "I have had on many occassions, to draft Acts of Parliament, which although they may be easy to understand, people continually try to misunderstand, and in which therefore, it is not enough to attain to a degree of precision which a person reading in good faith can understand; but it is necessary to attain if possible to a degree of precision which a person reading in bad faith cannot misunderstand. It is all the better if he cannot pretend to misunderstand it."
The Rosoe Pound's "Social Engineering", is reproduced by the author above in the context of India. To be conlusive of the authour Mr. Praveen, had produced the social engineering interpretation of the constitution. It will not be too far when either parliament directly or judiciary indirectly include the above interpretaion in the constitution of India.
Advocate, Delhi High Court