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Articles 14, 19 and 21

Introduction

Author : Pooja Dua

Lawyered is a legal platform that provides legal advice and resources for those looking to understand the Indian Constitution and its Golden Triangle of Articles 14, 19 and 21.

Embodied with 449 articles, 12 schedules, 25 parts, 5 appendices and 101 amendments, The Indian Constitution is the longest written constitution in the world with around 146,385 words in its English version. All the branches of the government receive their respective powers from the constitution and are bound by it. The Preamble of The Indian Constitution declares India to be a sovereign, socialist, secular, democratic republic that assures its citizens, justice, equality and liberty, and promote fraternity.

The Court observed in the case of T.R. Kothandaraman v. T.N. Water Supply & Drainage Board, “The golden triangle law of our Constitution is composed of Articles 14, 19 and 21. Incorporation of such articles was made for the purpose of paving such a path for the people of India which may see them close to the gathering of liberty, equality, and fraternity. It could also be said that the trio assists the deprived class and also destroys the exploiters of the depressed class.”

The Golden Triangle of the Constitution or golden triangle of fundamental rights or golden trinity articles

Articles 14, 19 and 21

 Article 14 of Indian Constitution.

Equality in the eyes of law. Article 14 of Indian Constitution states that the State shall not deny equality before the law or the equal protection of the laws within the territory of India or prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, to any individual.

Every person within the territory of India is equal in the eyes of law and shall not be discriminated against on the basis of religion, race, caste, sex or place of birth i.e., every person shall be treated likewise in both privileges and liabilities imposed. And we can also say that this article is part of the golden triangle of the Indian Consitution article 14 19 and 21.

Article 19 of Indian Constitution.

Protection of certain rights regarding freedom of speech and expression.

All citizens shall have the right-

To freedom of speech and expression

To assemble peacefully and without arms

To form associations or unions

To move freely throughout the territory of India

To reside and settle in any part of the territory of India, and

To practice any profession or to carry on any occupation, trade or business

Article 19 provides a variety of rights such as freedom of speech and expression, right to assemble peacefully, right to form associations, right to move freely, etc. However, this article does not provide an absolute right to people. There are some specific restrictions on freedom of speech and expression which protects the integrity of the country.  And we can also say that this article is part of the golden triangle of indian constitution- articles 14 19 and 21.

Article 21 of Indian Constitution

Protection of life and personal liberty, no person shall be deprived of his life or personal liberty except according to procedure established by law.

Right to life and personal liberty does not mean the mere existence of life but a life with dignity and worth living and also all other attributes of human personality that are essential for the full development of a person. A number of composite and inferred rights have been derived through a liberal interpretation of this article by the Supreme Court of India.  And we can also say that this article is part of golden triangle article 14 19 and 21.

Golden Triangle of the Constitution or golden triangle of fundamental rights or golden trinity articles

The Fundamental Rights of our Constitution are derived from a variety of sources, including the English Bill of Rights, the United States Bill of Rights, and the French Declaration of Human Rights. The founders of our Constitution believed that these rights were essential for the survival of democracy and the development of each individual. Each right has been designated as fundamental in the sense that it cannot be taken away by the State or any other individual, and even if it is, one can always seek redress through the courts, which is also a basic right.

It is generally said that there are 6 fundamental rights:

Right to equality

Right to freedom

Right against exploitation

Right to freedom of religion

Cultural and educational rights

Right to constitutional remedies

The Right to Equality is mentioned in Article 14 of Indian Constitution, which states that all people are equal before the law.

Article 19 refers to the Right to Freedom, which covers the freedoms of expression, movement, and profession, as well as the right to knowledge.

Articles 23 and 24 express the right against exploitation and protect specific groups of persons from being exploited by others.

Articles 25 to 28 give the Right to Freedom of Religion, taking into account the fact that India is home to a diverse range of faiths, and the State is obligated to protect each individual's beliefs.

Cultural and educational rights are mentioned in Articles 29 and 30, primarily for the country's backward sectors and minorities.

Article 32 states the Right to Constitutional Remedies, wherein a citizen can approach the court if his/her fundamental rights have been violated.

Article 14 of Indian constitution ,article 19 of indian constitution as well as 21 of the indian constitution combined are said to be golden triangle article 14 19 and 21.

The Golden Triangle of Indian Constitution (golden triangle law)

Article 14 of Indian Constitution - Equality before the law, the state shall not deny any person equality before the law or equal protection of the law within the territorial borders of India, nor shall any prohibition be imposed on the basis of race, caste, religion, gender, or place of birth.

Article 19 of Indian Constitution- Protection of some rights to free expression and expression. Every citizen has the right to free speech and expression.

calmly and without arms assemble

To form associations or unions

to travel freely throughout India's region

To reside and settle in any portion of India's territory, and to engage in any profession or occupation, trade, or business.

Article 21 of Indian Constitution– Protection of life and personal liberty, no one shall be deprived of his personal liberty except in accordance with legal procedures.

Now it is clear why these provisions under the Constitution regarded as the ‘golden triangle law’. These rights are regarded as the basic principles for the smooth running of life for the citizens of our country. The golden triangle law provides full protection to individuals from any encroachment upon their rights from the society and others as well.

Landmark Cases (on the golden triangle of indian constitution or golden trinity articles)

Maneka Gandhi v. Union of India

This case is considered to be one of the most important cases of all time. It was held by the supreme court that Article 21 is not to be read alone and all the violations and procedural requirements under Article 21 are to be read along with Article 14 and Article 19 also. The Supreme Court in this case adopted the widest possible interpretation of the right to life and personal liberty, guaranteed under Article 21 of the Constitution.

Parmanand Katara V. Union of India

Through this case we came to know that our nation has a golden triangle of fundamental rights. In this medico-legal case, the Supreme Court of India held ‘Right to Health’ as a Fundamental Right under Article 21. No individual shall be deprived of any medical assistance. The Supreme Court held it obligatory to both private and public medical assistance groups/hospitals to provide immediate medical aid to a victim of a road accident. Is also an example of one of the article of golden triangle article 14 19 and 21.

People’s Union of Civil Liberties (PUCL) v. Union of India

In this case, the Supreme Court of India distinguished the “right to vote” and the “freedom of voting" as a part of the freedom of expression under Article 19(1)(a) of the Constitution.

Justice K.S.Puttaswamy(Retd) vs Union Of India

In this case, the Right to Privacy was said to be a fundamental right within the meaning of Article 21. The Hon’ble Court upheld the Aadhaar Act and stuck down the provision of the Act which was unconstitutional. It was held by the Court that the Right to Privacy of the citizens has to be protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.

Anuradha Bhasin V. Union of India and Ors.

The freedom to practice any profession or any trade, business or occupation over the medium of the internet is protected by Article 19(1)(a) and Article 19(1)(g), but with specified restrictions, held by the Supreme Court. The Internet is an important platform for trade and commerce and plays a significant role in the world of e-commerce business and marketing.one of the examples which shows the golden triangle of fundamental rights.

Conclusion

In conclusion, it can be said that these three articles play a very important role in the functioning of our judicial system and are the paramount safeguards against the arbitrary actions of the government, against all the violations and exploitations of human rights and freedom. The incorporation of the trinity is paving such a path for the people of India so the trinity is viewed in the highest regard and structure of liberty, equality and fraternity. These articles are so important to our jurisprudence that their interconnection is rightly known as the "Golden Triangle law of The Constitution" or “golden triangle of fundamental rights” or “golden trinity articles”. This paper gives detailed information about the Golden Triangle of Indian Constitution(Golden Triangle Law).

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