Horizontal Application of Fundamental Rights: Implications of Kaushal Kishore Judgment.

Srivastava, Astha

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

INDIA; UTTAR Pradesh (India); CIVIL rights; LEGAL judgments; NON-state actors (International relations); APPELLATE courts; CONSTITUTIONAL courts

IUP Law Review, 2024, Vol 14, Issue 3, p16

2231-3095

Academic Journal