Horizontal Application Of Fundamental Rights In India: Myth Or Reality?
- IJLLR Journal
- May 14
- 2 min read
Nikhilesh Sharma, Research Scholar, Himachal Pradesh University, Shimla, Himachal Pradesh.
Bhavana Sharma, Assistant Professor, Himachal Pradesh University Regional Centre Khanyara, Dharamshala, Kangra, Himachal Pradesh.
ABSTRACT
Under the Constitution of India, the classical understanding of Fundamental Rights is that they are vertically applicable. They are mainly enforceable against the “State” as defined under Article 12. The increasing role of private actors in areas formerly exclusively within the domain of the State has raised an important constitutional question: can Fundamental Rights be enforced horizontally against non-state actors? The paper critically examines the question whether the horizontal application of Fundamental Rights in India is a constitutional reality or largely a doctrinal myth.
The paper makes the case, based on an analysis of case law, that the Supreme Court, although not formally adopting a comprehensive doctrine of horizontality, has implicitly been moving in that direction. Judicial attitude is not black and white as seen in cases like Vishaka v. State of Rajasthan where guidelines were framed to curb sexual harassment at workplace and Zee Telefilms Ltd. v. Union of India where Article 12 status was denied but possibility of writ jurisdiction under Article 226 was acknowledged. Similarly, the right to privacy as a fundamental right in the case of Justice K.S. Puttaswamy v. Union of India and decriminalization of homosexuality in the case of Navtej Singh Johar v. Union of India hint at a developing rights-based framework that can shape private relationships.
The paper argues that India is moving towards horizontality indirectly and gradually particularly through judicial creativity, expansion of writ jurisdiction and interpretation of Directive Principles. But without a defined doctrine, there is inconsistency and uncertainty. The study argues that horizontal application is not fully functional, but neither is it illusory; it is fragmented and still developing. The challenge is how to find a principled and systematic way to ensure that constitutional rights remain vital as private power expands in a liberalised economy.
Keywords: State, Fundamental Rights, Directive Principles of State Policy, Fundamental Duties, Judiciary and Horizontal Application.
