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Part VI Rights—Structure and Scope, Ch.33 Horizontal Effect

Stephen Gardbaum

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 February 2024

This chapter examines the applicability of Part III of the Indian Constitution to non-State actors and the horizontal effect of fundamental rights. More specifically, it considers the extent to which the actions of private actors deemed not to be ‘the State’ for purposes of Article 12 of the Constitution are subject to the Constitution’s fundamental rights provisions. It begins with an overview of the distinction between the direct and indirect effect of constitutional rights on non-State actors. It then explores the Indian Supreme Court’s use of its writ petition jurisdiction to approach the issue of the fundamental rights contained in Part III of the Constitution applying horizontally.

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