While framing the constitution, constitution-makers gave some rights to the Indian citizen. They declare India as sovereign, socialist, secular, democratic, and republic and provide justice, equality, liberty, and fraternity. As articles 14,19, and 21 are called the golden triangle of the Indian Constitution so these are the main and important rights which gave by the constitution maker to the Indian citizen which come under part 3 which is the fundamental rights of the constitution.
PART THREE OF THE INDIAN CONSTITUTION:
Part 3 of the Indian constitution is Fundamental rights and every Indian citizen has 6 types of fundamental rights, those are:
- Right to equality under articles 14-18
- Right to Freedom under articles 19-22
- Right against exploitation under articles 23-24
- Right to freedom of religion under articles 25-27
- Right to Education, and cultural rights under articles 28-29
- Right to constitutional remedies article 32.
So article 14 comes under the Right to equality, and articles 19 and 21 comes under the right to freedom.
ARTICLE 14 – RIGHT TO EQUALITY:
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.
ARTICLE 19 – RIGHT TO FREEDOM:
Protection of certain rights regarding freedom of speech, etc.: (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; 1 [and]
(g) to practice any profession, or to carry on any occupation, trade, or business.
ARTICLE 21 – RIGHT TO LIFE AND PERSONAL LIBERTY:
Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.
CONCEPT OF THE GOLDEN TRIANGLE:
Article 14 provides equality before the law and equal protection of the law which means that every citizen of India is equal in the eye of the law and no one can discriminate on any point. In the time of Britisher or before it the discrimination was on the large scale everyone was discriminated against on the bases of their caste, color, gender, etc. So our constitution-makers don’t want to continue the same and they ended this by giving this article as the citizen’s fundamental right.
Article 19 provides us freedom which is one of the important rights for every citizen of India. Freedom rights were also not for everyone. The other form of discrimination is freedom which was not given to everyone. Under the freedom right of an Indian citizen, there are other types of rights that are absolute rights.
Article 21, this article need not to any introduction because this is one of the main articles which protects are life and personal liberty. Many cases in this article and article 21 include other rights:
- Right to privacy – the specific case is, KS Puttaswami Vs Union of India.
- Right to education- article 21 A which was added by the 86th amendment 2002
- Right to go abroad
- Right to shelter
- Right against solitary confinement
- Right to a fair trial
- Right to information
- Right to speedy trial etc.
The phare GOLDEN TRIANGLE was used for the first time by Justice YV Chandrachud In the Minerva mills case. He said that the Golden triangle consists of three articles those are articles 14, 19, and 21 and these articles are of prime importance for the citizen of India and for the Indian constitution.
In Menka Gandhi Vs. Union of India the importance of article 21 with articles 14 and 19 was discussed. So there are some important judgments related to that articles:
People’s Union of Civil Liberties (PUCL) Vs. Union of India: In this case, SC discussed the right to vote Vs. Freedom to vote is part of the freedom of expression under Article 19.
- K.S. Puttaswamy Vs. Union of India: This case is famous for the Right to Privacy and Adhar card judgment under article 21 of the Indian constitution. The court said that the right to privacy of the people is their fundament right under part 3 of the Indian constitution.
Anuradha Bhasin vs. Union of India: In this particular case the right to access of internet is on the main head. And other than that the right to practice any profession or any occupation or trade is also involved under article 19. And held that the right to use the internet is one of the important things in this modern world because every this nowadays is on the internet. So right to the internet is our fundamental right in this case.
One of the important things which gave by our constitution makers is the fundamental rights and later the golden triangle given by the judges and the judicial precedents. Apart from this, the citizen of India has some duties which are popularly known as a directive principle of state policy in short DPSP. We can say that Indian citizen has some right then simultaneously they have some duties towards the nation.
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(MARCH – APRIL 2022)