The present article aims to explain why article 14,19, and 21 are known as GOLDEN TRIANGLE of the Indian constitution.
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 right to life and private liberty. Life consistent with ARTICLE 21 does not mean mere existence like an animal but consists of the right 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 Bachan Singh case, Punjab, Kanhaiya Lal, and within the recent major judgments just like the Sabarimala verdict like just in case of Aruna Shanbaug case, the surrogacy bill case.
We all know the underlying fact that 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 endeavours to market fraternity among them.
Part III of the Indian Constitution envisages the provisions dealing with fundamental rights that are guaranteed right to the citizens of India AND Provides civil rights to all the citizens. The fundamental rights are enforceable to every Indian citizen irrespective of their places of birth, caste, race, religion, or gender.
Among all the provisions governing governing Fundamental Rights, Article 14,19, and 21 together is referred as the ‘GOLDEN TRIANGLE’ of the Indian Constitution. The particular reference is given because of the reason that the three Article together seeks to grant complete protection to an individual from infringement of their basic rights, providing human rights that every human is entitled to.
Let’s now have a quick look at the concept of 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 21 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.
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 in part III of the Constitution provide civil rights to all or any of 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 cut down 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.
CASE LAWS RELATED TO GOLDEN TRIANGLE
Anuradha Bhasin V. Union of India and OR’s. 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.
Parmanand Katara V. Union of India: during this case, the Supreme Court held ‘Right to Health’ as a Fundamental Right under 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.
Thanks to the drafters of the Constitution for framing it 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 must be followed by every citizen of the country. It has also looked deeply into the socio-economic scenario of India so that no rights or duties will be omitted.
Apart from certain fundamental rights, the Constitution also provides certain other rights and duties towards the citizen which are enclosed in Part IV of the Constitution known as ‘Directive Principles of State policy.’
Such provisions are framed under the notion that rights of each and every individual change accordingly and such rights cannot be considered as fundamental but have to be enforced. One of the merits of our Constitution is that it neither restricts a person from enforcing his fundamental rights, nor it provides full freedom to a person in such a manner 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 other major Constitutions of the world. 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.
