The Golden Triangle of the Indian Constitution

The golden triangle of our Constitution consists of ARTICLE 14, 19, and 21. Incorporation of such a trinity is for the aim of paving such a path for the people of India which can see them on the brink of the trinity of liberty, equality, and fraternity.” Without the Golden Triangle, democracy is impossible. THE CONSTITUTION OF INDIA seems to be first to possess expressly provided for social action.

The golden triangle of our Constitution consists of ARTICLE 14, 19, and 21. ARTICLE 14 of the constitution talks about equality before the law, It is a negative concept which states that folks in similar situations should be treated alike, in privileges and liabilities imposed whereas, the concept of equal protection of the laws.

ARTICLE 19 extends from the liberty of peaceful association to freedom of speech and expression, them to practice trade and profession to residence and occupation, etc. ARTICLE 21 deals with the proper to life and private liberty. Life consistent with ARTICLE 21 does mean mere existence like an animal which consists of the proper to live with human dignity, right to health, right to livelihood, right to education, right to wash environment, etc. it’s only reasonable and fair for the state to impose certain rights and regulations when it involves human life.

A law depriving an individual of private liberty has not only to be restricted to the test of ARTICLE 21 but also has got to pass the test of ARTICLE 14 and 21 of THE CONSTITUTION OF INDIA. The scope of the ARTICLE 14, 19, and 21 were first challenges just in case like the Bacchan Singh case, Punjab, Kanhaiyalal, and within the recent major judgments just like the Sabarimala verdict like just in case of Aruna Shanbaug case, the surrogacy bill case.

Introduction

Our Constitution is the longest written constitution of any sovereign country within the world. A nation is governed by its Constitution. It is the Supreme Law of our Country. Constitution declares India a sovereign, socialistic, secular, democratic, republic, assuring its citizens of justice, equality, and liberty, and endeavors to market fraternity among them.

The ARTICLE 14 of the constitution talks about equality before the law, it’s a negative concept which states that folks in similar situations should be treated alike, in both privileges & liabilities imposed whereas, the concept of ‘equal protection of the laws’ requires the State to offer special treatment to persons in several situations to determine equality among all. Therefore, the required corollary to the present would be that equals would be treated equally, whilst unequal would need to be treated unequally.

ARTICLE 19 extends from freedom of peaceful association to freedom of speech and expression, then to practice of trade and profes,sion to the residence, occupation, etc.

The ARTICLE 21 talks about the right to life and private liberty, ‘Life’ in ARTICLE 21 doesn’t connote mere animal existence, it’s a way wider meaning which incorporates the right to measure with human dignity, right to livelihood, right to health, etc. It is only logical and fair for the state to impose certain rights and regulations when it involves human life.

History

Origin of Fundamental Rights borrowed from the S Constitution (Bill of Rights).

• Fundamental Rights also are referred to as the Magna Carta of India. Magna Carta came in 1215 and it had been World’s first document associated with the Rights of the citizen.

• The BN Rau and Frankfurter Story/Episode:

During the Making of Indian Constitution, B.N Rau (Constitution advisor to constituent assembly) visited U.S.A to urge a thought for Fundamental Rights. There he met Justice Frankfurter of yank Supreme Court who advised him to not include ‘due process of law’ as in the U.S Constitution and at its place ‘Procedure established by law’ was opted.

• Universal Declaration of Human Rights, 1948 was signed in Paris on 10th December 1948. It’s the foremost significant international document associated with the elemental rights of individuals, and India was a signatory thereto. Most of the elemental Rights within the Indian constitution also are stated in UDHR, 1948.

On 10th December this document was signed is widely known as International Human Rights Day per annum.

Concept – The Golden Triangle

ARTICLE 14, provides for equality before the law and equal protection of the law. It means nobody is bereft of his equality among other citizens of our country. The supply also gains importance because the enactment of such a provision results in the abolishing of certain inhuman customary practices of our country. The provisions of this text also envisage certain legal rights like protection of the law which purely means the law should be an equivalent for each person with some necessary exceptions.

ARTICLE 19 provides certain absolute rights like freedom of speech and expression, freedom of movement, freedom of forming associations and unions, etc. This brings about important changes within the society because it provides various rights to the people so that there’s harmony among the people of our country. Albeit this covers a huge area of operation, it doesn’t provide an individual the liberty to try anything and everything as per his whims and fancies.

ARTICLE 21 provides for the cover of life and private liberty. This provision of THE CONSTITUTION is one of the foremost implemented also as widely interpreted areas within the field of enforcement. The ARTICLE covers the foremost sensitive area, i.e. protection and securing the life and liberty of an individual. Perhaps this might be the foremost violated provision of our Constitution also. Various courts in our country have interpreted the constitutional validity of ARTICLE 21 during a common man’s life.

Now it’s clear why these provisions under THE CONSTITUTION considered the ‘golden triangle’. These rights are considered the essential principles for the graceful running of life for the citizens of our country. The golden triangle provides full protection to individuals from any encroachment upon their rights from society.

Provisions

ARTICLE 14, 19 & 21

ARTICLE 14

Equality before the law, the state shall not deny person equality before the law or equal protection of law within the territorial limits of India or prohibition on the grounds of race, caste, religion, sex, or place of birth.

ARTICLE 19

Protection of certain rights regarding freedom of speech and expression. All citizens shall have the proper to-

(a) Protection of six rights regarding freedom of (ARTICLE 19):

  1. Speech and Expression – To freedom of speech and expression
  2. Assembly – To assemble peacefully and without arms
  3. Association- to make associations or unions
  4. Movement – to maneuver freely throughout the territory of India
  5. Residence, and – To reside and settle in any a part of the territory of India, and
  6. Profession – To practice any profession or to hold on any occupation, trade, or business

ARTICLE 21

Protection of life and private liberty, nobody shall be bereft of his personal liberty except consistent with the procedures established by law. ARTICLE 21 is applicable even during the time of election wherein people have the only right of electing the simplest person as their representative.

No one features a right to compel anyone to elect the person aside from his/her wish. albeit voting isn’t a fundamental right but a ‘statutory right’, the court, within the judgment of the case PUCL v. Union of India distinguishes the “right to vote” and therefore the “freedom of voting because of the species of the liberty of expression” under ARTICLE 19 of THE CONSTITUTION.

There are various other major judgments in cases regarding the enforcement of fundamental rights. They’re a triangle because they have to be read together; Triangulum is golden because they’re important to the protection of freedoms and prevention of state capriciousness and arbitrariness.

Amendments

While watching the elemental rights enumerated within the Constitution, the framers of the Constitution had done it in such how that it acts as a pillar to the national security and integrity of the country. the elemental rights, embodied partially III of the Constitution provide civil rights to all or any the citizens of India and stop them from the encroachment of society and also ensure their protection. There are seven rights which are enumerated as fundamental rights which include:

• Right to equality

• Right to freedom

• Right against exploitation

• Right to freedom of faith, education and cultural rights

• Right to property

• Right to constitutional remedies,

Later on, the Right to property was far away from part III by the 44th Amendment in 1978. Such fundamental rights are to be enforced for each and every citizen living in India regardless of race, caste, religion, gender, or place of birth.

They’re a triangle because they to be read together; Triangulum is golden because they’re important to the protection of freedoms and prevention of state capriciousness and arbitrariness. They’re enforceable by courts, subject to specific restrictions. Now looking into the subject intimately, ARTICLE 14, 19, and 21 are popularly referred to as the ‘golden triangle’ of the Indian Constitution.

Judicial Attitude

Anuradha Bhasin V. Union of India and Ors. Apex Court in its recent judgment observed that freedom to practice any profession or keep it up any trade, business or occupation over the medium of internet enjoys Constitutional protection under ARTICLE 19(1)(a) and ARTICLE 19(1)(g), but the restriction of such fundamental rights should be consistent with ARTICLE 19(2) and (6) of the Constitution, inclusive of the test of proportionality. Internet is an important tool for trade and commerce and plays a crucial role in carrying e-commerce business because it provides a virtual platform to a businessman which is cheaper.

Parmananda Katara V. Union of India: during this case, the Supreme Court held ‘Right to Health’ as a Fundamental Right under ARTICLE 21.

Medha Patekar V. UOI: within the instant case Right to Water was included within the ambit of ARTICLE 21

K Puttuswamy V. UOI: Right to Privacy was held to be a fundamental right within the meaning of ARTICLE 21.

A Landmark case of India was the case of Maneka Gandhi V. Union of India – it had been observed by the supreme court of India that ARTICLE 21 isn’t to be read in isolation; all violations and procedural requirements under ARTICLE 21 are to be tested for ARTICLE 14 and ARTICLE 19 also. The Supreme Court within the above case had adopted the widest possible interpretation of the proper to life and private liberty, guaranteed under ARTICLE 21 of the Constitution.

“The expression ‘personal liberty’ in ARTICLE 21 is of the widest amplitude and it covers a spread of rights which attend constitute the private liberty of man and a few of them have raised to the status of distinct fundamental rights and given additional protection under ARTICLE 19.”

For e.g., when the question of euthanasia or euthanasia arises, it’s hard to settle on one’s right to measure with dignity or one’s right to life. Then there’s the question concerning religious rights like a woman’s right to enter places of prayer or issues like triple talaq, etc.

Conclusion

These three Articles play a serious role within the operation of our judiciary and affect our day to day lives; they even have an impression on our rights as citizens during this society. The drafters of the Constitution framing the constitution in such  a way that it neither makes any mandatory provisions regarding various rights for the citizens nor makes any citizen free from certain fundamental duties that have got to be followed by every citizen of the country.

It’s also looked deeply into the socio-economic scenario of India in order that no rights or duties are going to be omitted. Aside from certain fundamental rights, the Constitution also provides certain other rights and duties towards the citizen which are enclosed partially IV of the Constitution referred to as ‘Directive Principles of State policy.’

Such provisions are framed under the notion that the rights of each and every individual change accordingly and such rights can’t be considered as fundamental but need to be enforced. one among the merits of the of our Constitution is that it neither restricts an individual from enforcing his fundamental rights, nor it provides full freedom to an individual in such a fashion that he exploits or violates such rights himself or against the society. Perhaps this feature of our Constitution makes it different from any of the opposite major Constitutions of the planet.

Questions

Question 1: Which Articles consist of The Golden Triangle of the Indian Constitution?

Answer – Article 14, Article 19, Article 21

Question 2: Can a right be claimed under Article 21 individually?

Answer – No,all violations and procedural requirements under Article 21 are to be tested for ARTICLE 14 and ARTICLE 19 also.

Question 3: Is the Protection of life and private liberty can be claimed in any article?

Answer – Yes, ARTICLE 21 of the Constitution of India.

Question 4: Can a Non-Citizen of India claim the rights as Indian Citizens?

Answer – No, but in exceptional cases, it is allowed.

Question 5: When International Human Rights Day is celebrated?

AnswerOn 10th December.

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