Topic: RELATIONSHIP BETWEEN ARTICLE '14’19&21

Table of Contents
 Introduction
 Fundamental Rights
 Article 14
 Article 19
 Article 21
 Rule of Law
 Recognition of the Triangle
 Conclusion
 References

INTRODUCTION
The citizens of India are given certain basic rights known as the fundamental rights. Out of these
rights, it was realized that Articles 14, 19, and 21 of the Constitution of India were connected and
together they protected the people from any arbitrariness of the government. These articles were
named the ‘Golden Triangle of the Indian Constitution’ where Golden was symbolic of being
‘important’ for the freedom of the citizens of India and Triangle symbolized that these provisions are
to be read together and collectively interpreted. These three articles together form the Golden
Triangle of the Indian Constitution, which is essential to protect the fundamental rights of citizens
and ensure that justice is served. The three articles are interdependent and cannot be interpreted in
isolation. For example, the right to equality under Article 14 cannot be achieved without the freedom
of speech and expression guaranteed by Article 19. Similarly, the right to life and personal liberty
under Article 21 is dependent on the protection of equal rights and freedoms under Article 14 and
Article 19. The Golden Triangle of the Constitution of India reflects the values and principles of the
Indian Constitution, and it plays a crucial role in protecting the fundamental rights and freedoms of
all individuals in India.

Fundamental Rights
The Fundamental Rights are embodied in Part III of the Indian Constitution covering all
civil and political rights of the citizens. These rights are essentially human rights that are
regulated by the constitution to protect the freedom and liberty of the people in case of
infringement of power by the government. They prevent the country from establishing an
authoritarian or dictatorial rule and are necessary for the development of the individuals of the
country. The fundamental rights are a part of the basic structure of the Constitution. Many
times, a question has been asked whether this part can be amended by the Parliament or not if
required. We will discuss the debates later however, the important thing to note is that these
rights were incorporated in the constitution to ensure that the Laws rule the country and not the
government. These rights are essential to upholding the concept of ‘Rule of Law’. These
Fundamental Rights are as follows-

1. Right to Equality (Articles 14 to 18)

2. Right to Freedom (Article 19)
3. Right Against Exploitation (Articles 23-24)
 4. Right to Freedom of Religion (Articles 25 to 28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Articles 32 to Article 35)
Under the ambit of Right to Freedom, Article 20 and Article 21 are mentioned separately.

Formerly the constitution of India was enshrined with seven Fundamental Rights however,
Right to Property was removed from the list of the Fundamental Rights by
the 44th Constitutional Amendment Act of 1976. Now it is just a legal right, not a
fundamental one. These rights impose limitations on the powers of the State. The Government
cannot abridge these fundamental rights and if any such law is passed by the Parliament which
is against any of these rights, that law is declared unconstitutional. Also, these Fundamental
Rights are not absolute and are subject to reasonable restrictions so that the people do not
misuse these rights for their own interests. From these Fundamental Rights, Articles 14, 19 and
21 form the Golden Triangle of the Constitution.

ARTICLE 14 :

Article 14 talks about ‘equality before the law’, where the State shall not deny any person
equality before the law or equal protection of law within the territorial limits of India. The state
cannot discriminate on grounds of race, caste, religion, sex, creed or place of birth. This means
that the State has to treat all the people alike in terms of privileges and liabilities. On the other
hand, ‘equal protection of laws’ requires the State to give special kind of treatment to certain
persons going through different or abnormal situations in order to establish equality among all.
This keeps a check on the arbitrary actions of the government if any and protects the dignity of
an individual. The simple concept of this article is that the equals should be treated equally and
the unequal would have to be treated unequally only to ensure equality among all the people.

ARTICLE 19 :

Article 19 is about Right to Freedom. This freedom includes a few specific actions that constitute
a basic right for persons. This article says that all the 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.
These rights are subject to certain restrictions to maintain peace and order in the country and
also to ensure that the people do misuse this right for their own personal interests. Any citizen
who practices his right beyond the limitations laid down by the constitution will be held liable
for an offence.
ARTICLE 21 :

Article 21 is about Protection of Life and Personal Liberty. It says that no person shall be
deprived of his personal liberty except according to the procedures established by law. Right to
Life includes the right to live with human dignity, right to livelihood, right to health and so on.
This right gives liberty to the people from the State, to act in a way they want to.

RULE OF LAW

The three elements of the Golden Triangle that are Article 14 (Right to Equality), Article 19
(Right to Freedom) and Article 21 (Right to Life and Personal Liberty), are of prime importance
to the concept of rule of law as together they give full protection to the rights of the citizens by
ensuring that the government does not encroach upon these rights through arbitrariness. Article
14 is primarily interpreted as a fundamental right against arbitrariness. Moreover, it also keeps a
check on the laws by codifying the concept of ‘Equality before Law’. Rule of Law is a legal
principle stating that the country should be governed by the prevailing Law and not by the
elected representatives of the people that is the government. It holds the Law as superior to all
the actions and decisions of the State. Since the Constitution of India embodies all the laws and
legislation, it is regarded as the supreme power in the land from which the legislative and
executive can derive their authority.

A question had come up for consideration in the case of Shankari Prasad Singh Deo vs.
Union of India asking whether the fundamental rights could be amended under Article 368.
The Supreme Court held that the Parliament had the power to amend the Part III of the
Constitution that is the Fundamental Rights under Article 368 making a constitutional
amendment valid if it abridges any of the fundamental rights.

This case was overruled by the Apex Court in IC Golaknath and others vs. State of
Punjab stating that the Parliament had no power to amend Part III of the Constitution
following the principle of Rule of Law. However, by the Constitution (24th Amendment) Act,
1971, inserted a new clause which restored the power of the Parliament to amend by way of
addition, variation or repeal any provision of the constitution in accordance with the procedure
laid down in Article 368.

The Supreme Court overruled the decision made in the Golaknath case by challenging it in the
case of Kesavananda Bharati vs. the State of Kerala. It stated that the amending powers
of the Parliament are not unlimited but subject to certain restrictions which meant that the
Parliament Could not destroy or amend the basic structure of the constitution. Since Rule of
Law was seen as a basic feature of the constitution, the parliament did not have the power to
amend it.

Recognition of the Triangle

The framers of the Indian Constitution had incorporated the Fundamental Rights from the
beginning to safeguard the rights of the citizens from the State. At this time, the Fundamental
rights of equality, freedom, and life and liberty were individual rights protecting their individual
agendas. Even after securing the basic rights of the people, there have been many instances
when these rights have been violated by the government for their own personal needs. One such
example is of the Emergency of 1975 declared under Article 352 of the Indian
Constitution when all the fundamental rights were suspended and people could not move to
the court to enforce these rights. Several other instances have taken place where the people have
approached the judiciary to give a clear understanding of the enforcement of the fundamental
rights by the government and the people. In a landmark case of A.K. Gopalan vs. the State
of Punjab, 1950, the main debate revolved around the ‘procedure established by law’ on the
point that can such procedure be arbitrary or should it always be fair, conforming with the
principles of Natural Justice. It was decided by majority that the Right to Life under Article 21
did constitute the principles of Natural Justice. No procedure of law could suffer from
unreasonableness or any problem. It was held that the fundamental rights have to be interpreted
as ‘separate’ rights and not overlapping each other. After this, in another historic case
– Maneka Gandhi vs. Union of India, it was observed by the Supreme Court that Article 21
is not to be read in isolation; instead, all the violations and procedural requirements under
Article 21 are to be tested for Article 14 and Article 19 as well. Thus, it was this case that laid
down a new threshold that the legality of every law should be tested on the basis of the Golden
Triangle of Article 14, 19 and 21 that is equality, freedom and personal liberty. The framers of
the Indian Constitution had incorporated the Fundamental Rights from the beginning to
safeguard the rights of the citizens from the State. At this time, the Fundamental rights of
equality, freedom, and life and liberty were individual rights protecting their individual agendas.
Even after securing the basic rights of the people, there have been many instances when these
rights have been violated by the government for their own personal needs. One such example is
of the Emergency of 1975 declared under Article 352 of the Indian Constitution when all the
fundamental rights were suspended and people could not move to the court to enforce these
rights. Several other instances have taken place where the people have approached the judiciary
to give a clear understanding of the enforcement of the fundamental rights by the government
and the people. In a landmark case of A.K. Gopala vs. the State of Punjab, 1950, the main debate
revolved around the ‘procedure established by law’ on the point that can such procedure be
arbitrary or should it always be fair, conforming with the principles of Natural Justice. It was
decided by majority that the Right to Life under Article 21 did constitute the principles of
Natural Justice. No procedure of law could suffer from unreasonableness or any problem. It was
held that the fundamental rights have to be interpreted as ‘separate’ rights and not overlapping
each other. After this, in another historic case – Maneka Gandhi vs. Union of India, it was
observed by the Supreme Court that Article 21 is not to be read in isolation; instead, all the
violations and procedural requirements under Article 21 are to be tested for Article 14 and
Article 19 as well. Thus, it was this case that laid down a new threshold that the legality of every
law should be tested on the basis of the Golden Triangle of Article 14, 19 and 21 that is equality,
freedom and personal liberty.

Conclusion

The Judiciary in India serves a crucial part in the functioning of the Country and is burdened
with a load of solving all the problems of the people in such a way that they are satisfied with the
decision and it does not violate any provision laid down in the Indian Constitution. It is the
Judiciary itself that highlighted the importance of Articles 14, 19 and 21, that together they
safeguard the rights of the people and should be read together when dealing with an issue that
concerns one of these articles. Initially, there was no Golden Triangle, however, as soon as it was
realised that right to equality, freedom and personal liberty when combined, can play a major
role in operating the judicial system, in keeping a check on the government and in protecting the
rights of the citizens. The constitution has kept in mind both providing fundamental rights for
securing the interests of the people and laying down the Fundamental Duties of the citizens so
that the government can keep a check on its citizens.

References

 Dr. J.N PANDEY Book ; Constitution Law Of India

 I Pleaders
 YouTube http://lawtimesjournal.in/maneka-gandhi-vs-union-of-
india/