Constitutional Law

Problem Misha Khan is a lawyer who has just graduated from the prestigious Ram Choudhary Law College, Ayodhya. During her penultimate year, Misha was one of the few students to have been placed in ABC Law and Partners, one of the top firms in the country. Misha is placed in the Mumbai office of the firm and is to start work by 1st July, 2016. Misha arrives in Mumbai on 20th June, 2016 and immediately begins searching for a flat to reside in. She contacts few brokers, websites and visits quite a few localities. She is fascinated and immediately takes a liking to a flat located in the Ghatkopar West area of Mumbai. Whilst finalizing the Leave and Licence Agreement for the flat, Misha is told on 30th June, 2016 that she cannot reside in the flat on the grounds that the Resident Welfare Association (RWA) of the colony does not allow the owners to rent out flat to any Muslim. Misha is aghast with this act of discrimination. The RWA is a society registered under the Societies Registration Act, 1980. As a result of the last minute withdrawal by the owner, Misha is forced to stay in a Hotel and pay high rates of rent on a daily basis. Misha has now filed a suit in the Bombay High Court bearing No. 113/2016 seeking enforcement of her constitutional rights and alleging that the RWA has violated her rights under Part III of the Constitution. The Defendant No.1 in the Suit is the Union of India and the RWA is impleaded as Defendant No.2. Misha also seeks damages from the RWA for the time and rent she is spending on the hotel room. The matter has proceeding for the first hearing and the Hon’ble Court has framed the following issues: (i) Whether a suit under the Code of Civil Procedure, 1908 is barred in view of Article 32 of the Constitution. (ii) Whether the RWA is a “State” under Article 12 of the Constitution. (iii) Whether the rights enshrined in Part III of the Constitution are enforceable against non-state actors. On behalf of the petitioner how to go about the above mentioned questions?