Table of Contents:

1. Introduction

2. Fundamental Rights in the Indian Context

2.1. Right to Equality

2.2. Right to Freedom

2.3. Right against exploitation

2.4. Right to Freedom of Religion

2.5. Cultural and Educational Rights

2.6. Right to Life and Personal Liberty

2.7. Right to Constitutional Remedies

3. Article 14

4. Article 19

5. Article 21

6. The Interplay of the three articles

7. Why do we call it The Golden Triangle?

8. Major Case laws

8.1. Keshavananda Bharati Vs. The Union of India (1973)

8.2. Maneka Gandhi v. Union of India (1978)

8.3. Indra Sawhney v. Union of India (1992)

8.4. Puttaswamy v. Union of India (2017)

9. Conclusion

 

1. Introduction

With 449 articles, 12 schedules, 25 sections, 5 appendices, and 101 amendments, the Indian Constitution is the world’s longest written document, with an approximate English translation of 146,385 words. The Constitution grants each branch of government its specific authority, and it binds them all. The Indian Constitution’s Preamble proclaims that India is a democratic, socialist, secular, sovereign republic that upholds justice, equality, and liberty for all of its inhabitants. With such divine intervention, the structure of this supreme law of the Indian subcontinent covers nearly every subject pertaining to citizenship, basic rights, policy directives, state regulations, relationships between the state and the center, etc.

 

2. Fundamental Rights in the Indian Context

Fundamental rights are the foundation of our nation. These are necessary to protect the rights of the people. The section on fundamental rights is included in Part III of the Indian constitution. The constitution originally included seven essential rights, but later on, the right to own property was removed.

Article 12 to Article 35 have been enshrined in Part III of the Indian Constitution which are explained as follows:

Right to Equality

The Right to equality Articles 14–18 forbids discrimination based on a person’s gender, race, religion, caste, or place of birth and guarantees that everyone is treated equally before the law.

Right to Freedom

The Right to freedom Articles 19–22 includes the following: the freedom of speech and expression; the ability to assemble peacefully and without the use of force; the establishment of associations or unions; the freedom to travel around India without restriction; and the ability to engage in any kind of employment or profession.

Right against exploitation

Articles 23–24 of the Right Against Exploitation forbid child exploitation, forced labor, and human trafficking in all its forms.

Right to Freedom of Religion

Articles 25–28 of the Fundamental Rights state that everyone has the freedom to practice, profess, and spread whatever religion they so choose.

Cultural and Educational Rights

The rights of minorities and other marginalized people to cultural and educational resources are protected under the Cultural and Educational Rights Articles 29–30.

Right to Life and Personal Liberty

Article 21: The right to life and personal liberty is a fundamental human right that safeguards individuals against unjustifiable arrest, incarceration, or torture.

Right to Constitutional Remedies

Article 32: The right to constitutional remedies gives citizens the ability to use the legal system to uphold their fundamental liberties.

 

3. Article 14: Equality before Law

“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.”

Article 14 strives to provide equitable treatment by the State to all of its inhabitants, viewing them as equals. Equal protection under the law is the primary goal of incorporating this Article into the Constitution. The following categories apply to prejudice in this section:

• Religion: A person’s religion is the faith they adhere to. India is primarily a Hindu nation, although it is also home to adherents of Islam, Sikhism, Christianity, Buddhism, and other religions.
• Race: Race refers to an individual’s ethnic group, mostly based on physical characteristics of that group.
• Caste: India has historically been a caste-based society, with individuals classified into many castes according to social rank. There are several laws in place in India to combat casteism, which has long been an issue. The two main problems with casteism were discrimination and untouchability.

It contains the following two ideas: Equality before the law and equal legal protection. It guarantees each person’s equality. It is an inalienable right for both residents and non-residents of our country. Treating each person equally is the core principle of liberalism, and Article 14.

 

4. Article 19: Protection Of Certain Rights Regarding Freedom Of Speech

This article guarantees six fundamental freedoms to the citizens of India. These fundamental freedoms are the natural and basic freedoms built in the status of a citizen with certain reasonable restrictions. It also tells the general exceptions, to which the validity of sub-clauses within clause (1).

All citizens shall have the right:

(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted by the 44^th Amendment Act (Right to property)
(g) to practice any profession, or to carry on any occupation, trade or business.

• The freedom of speech and expression encompasses the ability to convey one’s ideas, opinions, beliefs, and points of view via spoken words, written words, or audio-visual media. However, reasonable limitations in the service of India’s integrity and sovereignty, the State’s security, amicable relations with other countries, public order, decency, or morality, or in cases of contempt of court, defamation, or incitement to a crime, may apply to this right.
• Citizens can come together for nonviolent protests, gatherings, and demonstrations under the right to assemble peacefully and without the need for firearms. To maintain morality and public order, this privilege is still subject to reasonable limitations.
• Citizens can unite and establish organisations for a shared goal, such as a trade union, political party, or social organisation, thanks to the freedom to form associations and unions. In the interest of public order, morality, and India’s sovereignty and integrity, this freedom is still subject to reasonable limitations.
• Citizens of India have the freedom to travel around the nation without any limitations, provided that such limits are reasonable and serve the purposes of morality, decency, and public order.
• With the exception of reasonable limitations imposed in the name of public health, morality, and order, people of India are free to live and work wherever in the nation.

 

5. Article 21: Right to Life

Article 21 of the Indian Constitution serves as a robust guardian of fundamental rights, articulating the inviolable principles of personal liberty and the right to life. The provision, succinctly stating that “No person shall be deprived of his life or personal liberty except according to the procedure established by law,” has undergone extensive judicial interpretation. Its broad scope includes not only the right to exist but a life with dignity, encompassing rights to health, privacy, and a clean environment. Serving as a bulwark against arbitrary state action, Article 21 demands that any deprivation of personal liberty adheres to a fair and just legal process, emphasizing principles of natural justice.

The judiciary has expanded its reach to include positive obligations on the state, recognizing socio-economic rights such as education and health. In essence, Article 21 stands as a living guarantee, dynamically responding to the evolving social and legal landscape, ensuring that personal liberty and the right to life remain inviolable cornerstones of individual rights in India.

 

6. The Interplay of the three articles

The intricate interplay between Articles 14, 19, and 21 of the Indian Constitution establishes a comprehensive framework that safeguards the essence of individual rights within a democratic society.

Beginning with Article 14, the bedrock of equality before the law, it forms the foundation for a fair and just legal system. This principle serves as a check against arbitrariness, requiring laws to treat individuals equally, thus preventing discrimination based on irrelevant factors. In tandem with Article 21, which safeguards the right to life and personal liberty, Article 14 ensures that state actions are not arbitrary, reinforcing the principle that any deprivation of life or liberty must adhere to a rational and legitimate state purpose.

Moving to Article 19, which guarantees various freedoms such as speech, assembly, and association, we witness the complementary relationship it shares with Articles 14 and 21. Article 19 facilitates active participation in democratic processes, ensuring that individuals can express themselves without fear of discrimination. Moreover, it acts as a crucial check on state power, preventing potential abuses that may infringe upon personal liberties. The intersection of Articles 14, 19, and 21 underscores the importance of equality and freedom as mutually reinforcing principles within the constitutional fabric.

Article 21, as the overarching protector of individual rights, ensures that the right to life encompasses not only physical existence but also the quality of life. This expansive interpretation incorporates rights to privacy, dignity, and a clean environment. Article 21 acts as a crucial bridge between Articles 14 and 19, preventing arbitrary state action from undermining the core principles of equality and freedom. The right to life and personal liberty, as outlined in Article 21, provides a procedural safeguard, balancing state power and individual rights and preventing undue encroachments on personal spheres through fair and just legal procedures.

In addition to these negative liberties, the interplay extends to positive obligations on the state. This includes the recognition of socio-economic rights, such as education, health, and shelter, contributing to the holistic development of individuals. Articles 14, 19, and 21 converge in their acknowledgment that a just and equitable society requires not only protection from arbitrary state actions but also the promotion of conditions that enable individuals to realize their full potential. This dynamic interplay creates a constitutional framework that values fairness, participation, and the inherent dignity of every individual within the democratic structure of India.

 

7. Why do we call it the Golden Triangle?

The term “Golden Triangle” in the context of the Indian Constitution aptly characterizes the interconnectedness of Articles 14, 19, and 21, establishing a comprehensive and balanced framework for the protection of individual rights. These articles, when considered together, create a constitutional ethos that safeguards the core principles of justice, liberty, equality, and dignity—the foundational values of the Indian Constitution.

The interplay among these articles is intentional, reflecting the framers’ recognition of the inherent synergy among principles of equality, freedom, and the right to life. The judiciary, through its interpretations and judgments, has consistently highlighted that these rights are not isolated but interconnected facets of a larger constitutional ethos. Decisions by the Supreme Court emphasize the interdependence and collective significance of these articles, recognizing that the holistic protection of fundamental rights requires an integrated approach.

The Golden Triangle serves as a constitutional mechanism for balancing the power of the state and the rights of individuals. While Article 19 grants freedoms, it does so subject to reasonable restrictions to ensure public order and morality. Article 21 ensures that any deprivation of life or liberty is conducted through a fair and just procedure. This intricate balance is crucial in a democratic society where individual liberties coexist with the needs of the state.

The term “Golden Triangle” encapsulates the foundational values of the Indian Constitution, symbolizing the protection of individual rights and the commitment to justice, liberty, equality, and dignity. It portrays Articles 14, 19, and 21 as a golden standard that guides the interpretation and protection of fundamental rights within the constitutional framework, reflecting the nuanced and interconnected nature of these provisions.

 

8. Major Case laws:

8.1. Keshavananda Bharati Vs. The Union of India (1973):

The case of Keshavananda Bharati v. State of Kerala in 1973 is a landmark judgment in the history of the Indian judiciary. The Supreme Court of India, by a narrow majority of 7:6, ruled that the Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution”. This is considered an inherent and implied limitation on the amending power of Parliament.

The case was primarily about the Land Reforms Amendment Act (1969) passed by the Government of Kerala. The judgment was delivered on 24th April 1973. The majority held that any provision of the Indian Constitution can be amended by the Parliament to fulfil its socio-economic obligations guaranteed to the citizens in the Preamble, provided that such amendment did not change the Constitution’s basic structure.

This judgment is significant because it established the principle of the “basic structure” of the Constitution, which cannot be altered even by a constitutional amendment. This principle has been used in subsequent cases to judge the constitutionality of various amendments and has played a crucial role in preserving the democratic ethos of the Indian Constitution.

8.2. Maneka Gandhi v. Union of India (1978):

The case of Maneka Gandhi vs Union of India in 1978 is a significant judgment in the history of the Indian judiciary.

The case began when Maneka Gandhi’s passport was impounded by the authorities under the provisions of the Passport Act. The Ministry of External Affairs declined to produce any reasons for this action, citing public interest. Maneka Gandhi approached the Supreme Court, contending that the impounding of her passport was a direct assault on her Right of Personal Liberty as guaranteed by Article 21.

The Supreme Court, in a unanimous decision by a seven-judge bench, held that the ‘Right to Travel Abroad’ is a part of ‘personal liberty’ under Article 21, and no citizen can be deprived of this right except according to the procedure prescribed by law. The court also expanded the interpretation of Article 21 of the Constitution.

This case is significant as it upheld the Right to Personal Liberty granted by Article 21 of the Constitution and protected the right to travel abroad. It also analysed the interlinking of Articles 19, 14, and 21 and the procedural requirements of law.

8.3. Indra Sawhney v. Union of India (1992):

The Indra Sawhney vs Union of India case in 1992 is a landmark judgment in the history of the Indian judiciary.

The case was heard by a nine-judge bench of the Supreme Court. It revolved around reservations for socially and economically backward classes. The Supreme Court upheld the idea of reservations for these disadvantaged groups as a means to achieve social justice.

The case established several landmark proposals, such as:

• The 50 percent reservation barrier.
• The prohibition on reservations in certain types of postings.
• The exclusion of the “creamy layer”.

The Supreme Court upheld the government order in its judgment, considering caste to be a reasonable indicator of social backwardness. This case has had a significant impact on the reservation policies in India and continues to influence the socio-political stage.

8.4. Puttaswamy v. Union of India (2017):

The Puttaswamy v. Union of India case in 2017 is a landmark judgment in the history of the Indian judiciary.

The case began when retired Justice K.S. Puttaswamy challenged the constitutionality of Aadhar before the Supreme Court by filing a writ petition. The petitioner contended that the Right to Privacy is a fundamental right and the Aadhar procedure violated this right.

On 24th August 2017, a nine-judge bench of the Supreme Court delivered a unanimous verdict, affirming that the Constitution of India guarantees to each individual a fundamental right to privacy. Although unanimous, the verdict saw six separate concurring decisions.

This case is significant as it ruled unanimously that privacy is a constitutionally protected right in India. It has had a profound impact on the interpretation of the Right to Privacy under Article 21 and Part III of the Indian Constitution.

 

9. Conclusion

In summary, Articles 14, 19, and 21 together create a strong set of rules in India to protect people’s rights. Article 14 says everyone should be treated equally by the government. Article 19 gives citizens six important freedoms, but with some limits. Article 21 is like a guard, making sure people have the right to live and be free unless there’s a good reason according to the law.

These articles work together, saying that a fair society not only stops the government from doing unfair things but also helps people to grow and reach their potential. This mix of rules makes a kind of constitution that cares about being fair, letting people participate, and respecting everyone’s worth in India’s democratic system.

We call this set of rules the “Golden Triangle.” It’s like a symbol for the important values of India’s constitution—protecting people’s rights and standing up for justice, freedom, equality, and dignity. The Golden Triangle shows how Articles 14, 19, and 21 are like a gold standard, guiding how we understand and protect people’s basic rights in India.

Written by: Akshaya Zavar

 

Also read – Gap between Justice and Law

The Constitution of India