BLOG |GOLDEN TRIANGLE UNDER INDIAN  CONSTITUTION

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. 

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