Can fundamental rights be used against private individuals?

Introduction. In India, generally the fundamental rights are enforceable against the state whereas in few cases can be enforceable against the private individuals. The powers that are vested in the state are so much that if state decides to misuse them then it can do so to a very great extent.

Can fundamental rights be enforced against private companies?

Supreme Court of India held that a “COMPANY” is not a state and that’s why fundamental rights cannot be enforced against that company.

Which fundamental rights are available against private individuals Upsc?

Fundamental Rights (Part-1)

• Right to equality (Articles 14–18)
• Right to freedom (Articles 19–22)
• Right against exploitation (Articles 23–24)
• Right to freedom of religion (Articles 25–28)
• Cultural and educational rights (Articles 29–30)
• Right to constitutional remedies (Article 32)

Is Article 21 against private individuals?

Article 21. Protection of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. If an act of private individual amounts to encroachment upon the personal liberty or deprivation of life of other person.

How can we protect fundamental rights?

The fundamental rights are protected by the judiciary of India and in case of their violation, a person can approach the Supreme court directly for justice as per Article 32 of the constitution.

Who can claim fundamental rights against whom fundamental rights are available?

The Fundamental Rights guaranteed by Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28 are available to all persons whether citizens or foreigners. The Fundamental Rights guaranteed by Articles 15, 16, 19, 29, and 30 are available only to citizens of India.

How can fundamental rights be enforced?

The fundamental rights are enforceable in the High Courts and the Supreme Court. In writ petitions before these courts, a person or a citizen can seek enforcement of fundamental rights and redress for their breach.

Which fundamental rights are only for Indian citizens?

Under the Indian constitution, certain fundamental rights are available only to the citizens, namely: Right against discrimination on the grounds of religion, race, caste, sex or place of birth (Article 15); right to equality of opportunity in matter of public employment (Article 16); freedom of speech and expression.

Is Article 17 available against private individuals?

Article 17 is also a significant provision from the point of view of equality before law (Article 14). It guarantees social justice and dignity of man, the twin privileges which were denied to a vast section of the Indian society for centuries together. This right is directed against private persons.

Do you think right to privacy should be a fundamental right?

The nine-judge bench of the Supreme Court unanimously held that the right to privacy was a constitutionally protected right in India, and it was an intrinsic part of the right to life and personal liberty under Article 21.

How will you protect your fundamental rights in case of its violation?

In case of any violation of Fundamental Right the aggrieved person can approach the High Court or the Supreme Court for remedy. 2. Under this any citizen or group of citizens can approach the Supreme Court or the High Court for the protection of public interest against a particular law or action of the government.

Are fundamental rights enforceable against private institutions?

Fundamental Rights are not enforceable against private institution. State has given us the fundamental right so a fundamental rights can only be claimed against the State. You can also claim fundamental rights from the State as defined under Article 12 of the Constitution.

Can fundamental human rights be enforced against the government?

Some fundamental rights can be enforced against government only while others against both the government and private individuals. It is important to state as a prefatory remark that the rights under chapter IV of the Nigerian constitution are titled “ fundamental rights “, not “fundamental human rights”.

Which fundamental right can only be claimed against the state?

State has given us the fundamental right so a fundamental rights can only be claimed against the State. You can also claim fundamental rights from the State as defined under Article 12 of the Constitution. other authorities within the territory of India or under the control of the Government of India.

Can a private individual be made liable for a fundamental right?

In such a case the private individual must be made liable otherwise the practical enforceability of the Fundamental right will remain useless and constitution will fail to serve the purpose for which it has been made.

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