Are the Fundamental Rights available against the State?

The Fundamental Rights are claimed mostly against the state and its instrumentalities and not against private bodies. Article 13 (2) bars the state from making any law infringing the Fundamental Rights guaranteed under Part III of the Indian Constitution. The actions of any of the bodies comprised within the term ‘state’ as defined in Article 12 can be challenged before the courts under Article 13 (2) on the ground of violating Fundamental Rights.

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