NO ONE KILLED ARTICLE 12 2 2

A LEGAL ANALYSIS UNDER INDIAN CONSTITUTION

Abstract

The scope of application of Fundamental Rights and jurisdiction of the term “State” was quite a brewing issue in the Constituent Assembly concerning the phrase “other authorities.” However, Dr Ambedkar emphatically addressed it by saying, “Other authority” refers to any entity possessing either authority to make laws or having discretionary power vested in it. Indian Judiciary has spent decades deciphering how and against whom, the fundamental rights can be exercised. However, in an unexpected move on January 3, 2023, the Supreme Court of India unsettled the established norms and introduced a new aspect to Article 12 through the Kaushal Kishore Judgment. Thus, this article aims to comprehensively analyse the issue of the Horizontal Application of Fundamental Rights and the consequent impact on Article 12 as discussed in the aforesaid case. This analysis includes a comparative examination of other countries, a definitional and historical analysis of Article 12, and a multidisciplinary evaluation of entities from various sectors that currently are not but should be considered in the context of Part Three of the Constitution. The Kaushal Kishore Judgment is a focal point for this discussion based on which, the authors have explored the current settled scenario, identified loopholes, and presented a forward- looking perspective. The article strives to decipher the reasoning provided by the Supreme Court and the underlying intention behind the judgment.