Supreme Court: What is difference between a horizontal approach and vertical approach of fundamental rights?

 The distinction between the horizontal and vertical application of fundamental rights is a key concept in constitutional law, particularly in interpreting rights under the Indian Constitution. This distinction was discussed in the Supreme Court’s recent decision in Vibhor Garg vs. Neha (2025) and earlier cases such as K.S. Puttaswamy and Kaushal Kishore.

Vertical Application of Fundamental Rights

·       Definition: Vertical application means that the fundamental rights in the Constitution primarily restrict the actions of the State or State actors.

·       Scope: The government and its instrumentalities are obligated to respect fundamental rights, and individuals can seek remedies against the State if these rights are violated.

·       Example: Article 21 (Right to Life and Personal Liberty) primarily protects citizens against unlawful actions or intrusions by the State, e.g., illegal detention or state surveillance without due process.

·       Legal Basis: This understanding follows from Article 12 of the Constitution, which defines “State” for the purpose of fundamental rights enforcement.

Horizontal Application of Fundamental Rights

·       Definition: Horizontal application means fundamental rights can be enforced between private individuals or entities, not just against the State.

·       Scope: This directs how one private party can be held to obligations respecting another’s fundamental rights, creating duties enforceable in civil or criminal law.

·       Example: Cases involving discrimination under Article 15 or the right against untouchability under Article 17 have been viewed as having horizontal effect, binding private individuals.

·       Legal Debate: The Indian Supreme Court has cautiously engaged with horizontal application; while the idea is gaining traction, particularly to combat discrimination and privacy violations by private actors, the enforcement and scope differ from vertical application.

Key Differences

Aspect	Vertical Application	Horizontal Application
Who is bound?	The State (government and its agencies)	Private parties (individuals, companies, etc.)
Who enforces the rights?	Courts enforce fundamental rights against the State	Courts and civil law mechanisms enforce between private parties
Scope of remedy	Constitutional remedies like writ petitions against State actions	Civil damages, injunctions, or criminal penalties applicable between private parties
Examples of enforcement	Challenging unlawful State detention or surveillance	Enforcing privacy rights between neighbors, anti-discrimination claims by individuals
Constitutional basis	Article 12 and constitutional text focus on State actions	Derived progressively by jurisprudence, not explicit in the Constitution

 

The Indian Context

·       The Supreme Court in K.S. Puttaswamy (2017) affirmed that State action infringes fundamental rights directly, but acknowledged the growing need to control private violations of privacy ("horizontal effect").

·       The Kaushal Kishore case (2023) further elaborated that some fundamental rights, including privacy, can be enforced horizontally, but enforcement remains distinct as compared to actions against the State.

·       The distinction matters in matrimonial disputes (e.g., in Vibhor Garg vs. Neha), as the Court held that while spouses have protected confidential communication (under Section 122 Indian Evidence Act), this privilege does not extend horizontally to shield privacy claims from evidence admissibility in court proceedings.

Summary

·       Vertical application restricts State actions against citizens’ fundamental rights and governs public law.

·       Horizontal application governs relations between private parties and imposes duties to respect rights during their private interactions.

·       The distinction is fundamental to understanding how and against whom fundamental rights can be enforced, with constitutional rights focusing primarily on State action but gradually recognizing obligations among private persons for certain fundamental rights like privacy and equality.

This explanation encapsulates the evolving constitutional jurisprudence on horizontal and vertical application of fundamental rights in India, highlighting its significance in balancing individual rights with societal and legal frameworks.

Print Page