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UPSC Optional 2026Question 8Public AdministrationPhilosophical and Constitutional Framework of Government150 words

Under the Indian Constitution fundamental rights are usually enforced only vertically, whereas Vishaka case represents the horizontal application. Comment. (Answer in 150 words)

Model answer & approach

- Under the Indian Constitution fundamental rights are usually enforced only vertically, whereas Vishaka case represents the horizontal application. Comment. (Answer in 150 words)
Introduction
Fundamental Rights primarily operate vertically, restraining the State from violating individual liberties. However, constitutional jurisprudence has increasingly recognised their horizontal effect where private actors threaten fundamental rights.
Body
Vertical Application:
1. Most Fundamental Rights, such as Articles 14, 15(1), 16, 19 and 21, are principally enforceable against the State under Article 12.
2. Their traditional purpose is to prevent arbitrary exercise of public power.
Horizontal Application:
1. Certain rights expressly bind private persons, such as Article 15(2) against discrimination in public access, Article 17 abolishing untouchability and Article 23 prohibiting forced labour.
2. In Vishaka v. State of Rajasthan (1997), the Supreme Court treated sexual harassment at the workplace as violating Articles 14, 15, 19(1)(g) and 21.
3. In the absence of legislation, it framed Vishaka Guidelines, binding both public and private workplaces.
4. This imposed positive obligations on employers to protect dignity and equality.
Conclusion
Thus, Vishaka expanded Indian constitutionalism from merely restraining the State to ensuring that private power also respects fundamental rights and human dignity.
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