The Need for Horizontal Application of Fundamental Rights in India with Reference to State Action Doctrine in the Context of Globalisation

Abstract

A paradigm shift in the role of the state has taken place with the emergence of private and private public participation in the socio welfare sectors of the economy. These private and public entities through their operations are making unreasonable interference in the lives of people thereby violating their fundamental rights. The judiciary has a significant role to play in protecting and upholding the fundamental rights of the citizens under the Constitution of India. But as far as enforcement of fundamental rights against private or non state actors is concerned, our judiciary is constrained in a set of narrow doctrines evolved from time to time. In the present scenario, an innovative and liberal approach in tune with the spirit and fundamental values of the Constitution is the need of the hour. The present study gives an account of the need for enforcement of fundamental rights in India against non state actors through an expansion of the concept of state action.