March 19, 2022

Article 14, 19 & 21 – The Golden Articles of Indian Constitution

According to the Golden Triangle rule, established by the infamous case Maneka Gandhi v. Union of India, Article 14, Article 19 & Article 21 are connected with each other. They are complementary to each other and grants the most basic rights to the Indian citizens and even non-citizens of India in some cases. Right to equality, right to basic freedoms and right to life & personal liberty – all must be read together and collectively interpreted.

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.

Recent Developments by Judicial System

The expression “right to life and personal liberty” in Article 21 has a very wide scope of interpretation. Thus, from right to privacy judgement to triple talaq and from Sabrimala verdict to the decision on euthanasia, Article 21 has been the subject of discussion and evolving interpretations numerous times in the recent years. The interpretation of Article 21 has led to several legal discussion over the Golden Triangle jurisprudence as well. However, as of now, the jurisprudence stands very much effective.

  • Article 14 – Equality before the law, the state shall not deny any 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 citizen shall have the right

19(a) – To freedom of speech and expression

19(b) – To assemble peacefully and without arms

19(c) – To form associations or unions

19(d) – To move freely throughout the territory of India

19(e) – To reside and settle in any part of the territory of India, and

19(g) – To practice any profession or to carry on any occupation, trade or business

  • Article 21 – Protection of life and personal liberty, no person shall be deprived of his personal liberty except according to the procedures established by law.

Conclusion:

The decision of the apex court made an eye opening development, earlier in the case of A.K. Gopalan Vs State of Madras, the court held that the personal liberty and right to life is subjected to procedure established by the law. The view has been changed in the case of Maneka Gandhi Vs. Union of India. The decision made an interconnection between three articles which opened a new view. The essence of law is with the right way of interpretation which opens immense number of possibility.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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