Constitutional rights - vertical effect - horizontal effect
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL/CIVIL APPELLATE JURISDICTION
WRIT PETITION (CRIMINAL) NO. 113 OF 2016
KAUSHAL KISHOR … PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION @ (DIARY) NO. 34629 OF 2017
J U D G M E N T
V. RAMASUBRAMANIAN, J.
.....
Wherever
Constitutional rights regulate and impact only the conduct of the
Government and Governmental actors, in their dealings with private
individuals, they are said to have “IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL/CIVIL APPELLATE JURISDICTION
WRIT PETITION (CRIMINAL) NO. 113 OF 2016
KAUSHAL KISHOR … PETITIONER(S)
VERSUS
STATE OF UTTAR PRADESH & ORS. …RESPONDENT(S)
WITH
SPECIAL LEAVE PETITION @ (DIARY) NO. 34629 OF 2017
J U D G M E N T
V. RAMASUBRAMANIAN, J.
3. Thereafter, the Constitution Bench, by an order dated
24.10.2019, formulated the following five questions to be decided by
this Court:
“…1) Are the grounds specified in Article 19(2) in
relation to which reasonable restrictions on the right
to free speech can be imposed by law, exhaustive, or
can restrictions on the right to free speech be imposed
on grounds not found in Article 19(2) by invoking other
fundamental rights?
2) Can a fundamental right under Article 19 or 21 of
the Constitution of India be claimed other than against
the ‘State’ or its instrumentalities?
3) Whether the State is under a duty to affirmatively
protect the rights of a citizen under Article 21 of the
Constitution of India even against a threat to the
liberty of a citizen by the acts or omissions of another
citizen or private agency?
4) Can a statement made by a Minister, traceable to
any affairs of State or for protecting the Government,
be attributed vicariously to the Government itself,
especially in view of the principle of Collective
Responsibility?
5) Whether a statement by a Minister, inconsistent
with the rights of a citizen under Part Three of the
Constitution, constitutes a violation of such
constitutional rights and is actionable as
‘Constitutional Tort”? …”
.....
Wherever
Constitutional rights regulate and impact only the conduct of the
Government and Governmental actors, in their dealings with private
individuals, they are said to have “a vertical effect”. But wherever
Constitutional rights impact even the relations between private
individuals, they are said to have “a horizontal effect”.. But wherever
Constitutional rights impact even the relations between private
individuals, they are said to have “a horizontal effect”.