In 1948, while drafting the Indian Constitution, the Constituent Assembly framers took inspiration from the Americans Bill of Rights. The Americans were the first to incorporate the Bill of Rights into its Constitution, thus giving it a Constitutional Status. Following these steps, the framers of our Constitution incorporated a Chapter in the Constitution dealing with fundamental rights. It is to be noted that the declaration of the fundamental rights in the Indian Constitution is the most elaborate and comprehensive yet framed by any State.
Part III of the Indian Constitution contains provisions on fundamental rights. These rights are guaranteed to all Indian citizens. Fundamental rights are enforceable on all Indian citizens, regardless of their place of birth or caste. Among all the basic rights clauses, Articles 14, 19, and 21 are collectively referred to as the Golden Triangle of the Indian Constitution. These three articles are called so because they collectively provide adequate protection of citizens’ rights and ensure that the government will not infringe on these rights at will.
In the case of Maneka Gandhi V, Union of India, the Supreme Court said that Articles 14, 19, and 21 as inter-connected. The court ruled that the law stipulating procedures for deprivation of personal liberty must meet the requirements of Articles 14 and 19. The “procedure established by law” referred to in Article 21 must meet the requirements of appropriateness. This process must be “right and just, not arbitrary, fanciful, or oppressive.” Otherwise, it will not become a procedure, and it will not meet the requirements of Article 21.
The phrase “Golden Triangle” was first used by Chief Justice Y. V. Chandrachud in the Minerva Mills case. In his words, Articles 14, 19 and 21 are of prime importance and breathe vitality in the concept of the rule of law. The Supreme Court said. “Three Articles of our Constitution, and only three, stand between the heaven of freedom into which Tagore wanted his country to awake and the abyss of unrestrained power. They are Articles 14, 19, and 21.”
Article 14 of the Indian Constitution provides for the equality or equal legal protection of all people within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
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.
As per Article 19 of Part III of the Constitution, protects 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 for various rights such as freedom of speech, peaceful assembly, freedom of association, and freedom of movement, but it does not stipulate absolute rights of people. There are some specific restrictions on freedom of speech, which protects the integrity of the country.
Article 21 states that “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Thus, article 21 secures two rights: 1) Right to life, and. 2) Right to personal liberty. The right to life and the right to personal liberty do not refer to simple existence of life, but to a life worth living and livable, and all other characteristics necessary for the overall development of a person.
India’s judiciary plays a vital role in the national government, shouldering the burden of solving all people’s problems so that they are satisfied with the solution and do not violate any provisions of the Indian Constitution. The three articles play an important role in the operation of our judicial system and affect our daily lives; they even have an impression of our rights as citizens in this society. The way the constitution-makers formulated the constitution is that it does not contain provisions binding on various citizen rights, nor does it exempt any citizen from certain basic obligations to all citizens of the country. One of the advantages of our constitution is that it does not restrict a person from exercising his or her basic rights, nor does it grant a person complete freedom so that he can use or violate these rights for himself or against society. This distinguishes our Constitution from other great constitutions in the world.
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.
If you are interested in participating in the same, do let me know.
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