Published Online:July 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Astha Srivastava
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:17
It is widely accepted that the fundamental rights under Part III of the Constitution of India are guaranteed against the state and its instrumentalities. However, fundamental rights, such as those enumerated in Articles 15(2), 17, 23, and 24, apply horizontally to individuals and entities. The Supreme Court's recent judgment in Kaushal Kishor vs. State of Uttar Pradesh allows the horizontal application of Articles 19 and 21 of the Constitution of India. The apex court discussed the gradual shift from a purely vertical application to the decisions where Articles 19 and 21 have been applied horizontally between private parties. This judgment is transformative and crucial for the protection of the fundamental rights of individuals from centers of power other than the state. It will also help build a normative framework to bridge the public-private divide and redress fundamental rights violations. It would further lead to the effective protection of fundamental rights. This consequence is desirable, suitable, and a welcome step, given the might and power of non-state actors like big corporations and given the socioeconomic milieu in India.
The applicability of fundamental rights has been a quintessential question for courts and legal scholars alike. The public-private divide in the legal framework further complicates the applicability of the fundamental rights. The typical understanding of fundamental rights is that they deal with the state and private individuals’ relationships. They regulate the unbridled power of the state and are hence enforceable by private parties against the state. Fundamental rights do not apply to relationships between individuals. Private relationships are to be regulated by laws and statutes that have been enacted by the Parliament of India. The conflicts and disputes arising in private relations often involve the question of rights, and for justice to be done, the question of infringement of rights has to be determined. Several theories elaborate on the idea of rights. Some believe that a guaranteed bill of rights for the common man evolved from the Natural Law School idea of rights