Horizontal application of fundamental rights
Also called: Horizontal effect · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
Normally, fundamental rights protect people against the State. Horizontal application means using them against private persons too. Some rights do this by their own words: Article 15(2) (access to shops and public places), 17 (untouchability), 23 (forced labour) and 24 (child labour). In Kaushal Kishor (2023), the Supreme Court held that Articles 19 and 21 can also be enforced against non-State actors.
Example
If a private shopkeeper refuses to serve someone because of their caste, this breaks Articles 15(2) and 17. It does not matter that the shopkeeper is not part of the government.
Don't confuse with
- "Other authorities" under Article 12: these are bodies treated as the State itself. Horizontal application binds purely private persons.
Related concepts
- State under Article 12
- Laws inconsistent with fundamental rights
- Doctrine of eclipse
- Doctrine of severability
- Doctrine of waiver
- Reading down
- Right to property
- Article 31A
- Article 31B
- Eminent domain