INDEX

Sr No. TOPIC Page No.

1. Introduction 2
2. Meaning 4
2.1 Fundamental Right in Constitution 5
3 Definition 7
3.1 Article 14 of Constitution of India 7
3.2 Landmark Judgement 9
3.3 Article 19 of Constitution of India
3.4 Landmark Judgement
3.5 Article 21 of Constitution of India
3.6 Scope of Article 21
3.7 Landmark Judgement
4 Case Laws

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 INTRODUCTION

The Golden Triangle of the Constitution of India is a term used to describe

the fundamental rights enshrined in Articles 14, 19, and 21 of the Indian
Constitution. These articles are considered the most important and
interdependent provisions of the Constitution and form the cornerstone of
Indian democracy.

Article 14 of the Indian Constitution guarantees the right to equality before

the law and equal protection of the laws to all persons. It prohibits
discrimination on the grounds of religion, race, caste, sex or place of birth.
This means that every person in India is entitled to equal protection of the
law and equal treatment under the law, regardless of their background or
social status.

Article 19 of the Indian Constitution guarantees certain freedoms to all

citizens, such as the freedom of speech and expression, the freedom to
assemble peacefully, the freedom to form associations or unions, the
freedom to move freely throughout the territory of India, and the freedom to
practice any profession or carry on any trade, business or occupation.

Article 21 of the Indian Constitution guarantees the right to life and

personal liberty to all persons. It ensures that no person shall be deprived of
their life or personal liberty except according to the procedure established
by law.

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

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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 Constitution of India was established to tackle the contentions in the

law and order of the country and to develop an ideal nation for the people
to exist. There are numerous laws provided in the Constitution, which
tackle such situations of difference in opinion, however, it is necessary at
that point in time.

It is the duty of the Government, and the Judiciary of the country to give
people their rights, along with maintaining the volatile factors that might
lead to problems, threatening the peace of the nation. The aforementioned
rights are known as the Fundamental Rights, and they are listed in three
different Articles of the Indian Constitution, namely, Article 14, Article 19,
and Article 21. They are the rights, to which every single individual is
entitled to, in any given situation. These articles, although might seem the
same, yet are subtly different from one another, when looked into in depth.
They form, what is known as the Golden Triangle.

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 MEANING

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.

Meaning of Golden Triangle In Indian Constitution

The Golden Triangle in the Indian Constitution refers to the interdependent
and interconnected nature of three fundamental rights enshrined in the
Constitution, namely, Articles 14, 19, and 21. These three articles are
considered the most important provisions of the Constitution and form the
basis of democracy in India.

The Golden Triangle of the Indian Constitution signifies the

interdependence and interconnected nature of these three fundamental
rights. They are mutually reinforcing and provide a framework for
protecting the basic rights and freedoms of all individuals in India. For
instance, the right to equality before the law under Article 14 is necessary
for ensuring the freedom of speech and expression guaranteed by Article
19, and 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.

Together, these three articles form the Golden Triangle of the Indian
Constitution. They 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.
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The Golden Triangle of the Indian Constitution is considered crucial for the
protection of fundamental rights and the maintenance of democracy in
India. It ensures that every citizen is treated equally before the law and is
entitled to basic freedoms and rights, such as the freedom of speech,
assembly, and movement, and the right to life and personal liberty.

The Golden Triangle of the Indian Constitution reflects the values and
principles of the Indian Constitution and plays a vital role in maintaining
the democratic and constitutional fabric of India. It ensures that all citizens
are treated equally and are entitled to basic freedoms and rights.

Fundamental Rights In Indian Constitution

The Fundamental Rights in the Indian Constitution are enshrined in Part III
of the Constitution, which guarantees a set of rights and freedoms to every
citizen of India. These rights are considered fundamental as they are
essential for the development of the individual and the nation as a whole.

The fundamental rights in the Indian Constitution include the following:

Right to Equality (Articles 14-18): This right ensures that every individual
is treated equally before the law and prohibits discrimination on the
grounds of religion, race, caste, sex, or place of birth.

Right to Freedom (Articles 19-22): This right guarantees the freedom of

speech and expression, the right to assemble peaceably and without arms,
the right to form associations or unions, the right to move freely throughout
the territory of India, and the right to practice any profession or occupation.

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Right against Exploitation (Articles 23-24): This right prohibits all forms of
forced labor, trafficking, and the exploitation of children.

Right to Freedom of Religion (Articles 25-28): This right guarantees the

freedom of religion and the right to practice, profess, and propagate any
religion of one's choice.

Cultural and Educational Rights (Articles 29-30): This right provides

protection to the cultural and educational interests of minorities and other
marginalized communities.

Right to Life and Personal Liberty (Article 21): This right guarantees the
right to life and personal liberty and protects an individual from arbitrary
arrest, detention, or torture.

Right to Constitutional Remedies (Article 32): This right provides citizens

with the power to enforce their fundamental rights through the courts of
law.

These fundamental rights are essential for the protection and development
of the individual, and they also serve as a check against the potential misuse
of power by the state. The Indian Constitution guarantees these rights to
every citizen, and the government and the judiciary are responsible for
ensuring that these rights are upheld and protected.

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 DEFINATION

Article-14: Constitution of India

Article 14 of the Constitution of India is a fundamental right that guarantees

equality before the law and equal protection of the law to all individuals in
India. It prohibits discrimination on the grounds of religion, race, caste, sex,
or place of birth.

The article states that the State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India. It
further explains that equality before the law means that every person,
regardless of their social status, economic condition, or political influence,
is subject to the same laws as others and is treated equally under the law.

The principle of equal protection of the laws means that the State cannot
discriminate between persons who are similarly situated and must treat
them equally under the law. The State cannot make arbitrary or
discriminatory laws that violate the principle of equality.

Article 14 also prohibits discrimination by private entities in matters of

employment, trade, and business. This means that private individuals or
organizations cannot discriminate against any person based on their
religion, race, caste, sex, or place of birth.

The right to equality is not absolute and can be restricted in certain

circumstances, such as in the interest of national security, public order,
morality, or health. However, such restrictions must be reasonable and not
arbitrary.
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Article 14 is a cornerstone of the Indian Constitution and is an essential
feature of India's democratic and secular character. It ensures that all
individuals are equal before the law and are entitled to equal protection of
the law. The article has been interpreted and applied in numerous cases by
the Indian judiciary to ensure that the principle of equality is upheld and
that discrimination is eradicated from Indian society.

Article 14 of the Constitution of India is a crucial provision that ensures

equality before the law and equal protection of the law to all individuals in
India. It is a fundamental right that guarantees that every person is subject
to the same laws and is treated equally under the law, regardless of their
social status, economic condition, or political influence.

EQUALITY BEFORE LAW

Equality before the Law is the core feature of the Constitution. There lies
an aspect, which might seem vague, yet it is very well inscribed within
Article 14, that is, when different individuals are in similar circumstances,
both in the sense of conferred privileges and imposed liabilities, they have
to be treated equally. The arbitrariness of the Classification process is
swapped with Rationality. Different individuals, when grouped together,
might have qualities that can exceed others, however, such qualities are not
subjected to be treated in favour of any particular topic, except if they are
related to the Legislation.

EQUAL PROTECTION OF THE LAW

There is a certain conjecture in the fact of Equal protection of the Law,
which constitutes the second part of Article 14. To understand this, the fact
must be clear, that when multiple individuals are situated at different levels
of situations, the distinction will occur despite the Article. It only offers
equal treatment of the law, when they all are situated similarly.

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Exceptions There are certain exceptions to the rule of Equality, which
are listed down below: -

(1) The power which a public official might hold is much different
from the powers of a normal citizen. One can be arrested for a crime
committed by a police officer.
(2) Laws are different for different classes of citizens, which includes
the military, which solely follows the designated military laws.
(3) Certain discretionary powers are entitled to the Ministers and
Executive bodies.
(4) Even the members of a society in some cases have separate rules,
which they follow, regarding their profession. Example: - Lawyers,
Doctors, etc.
(5) Although classification is allowed according to Article 14, the
legislation of the classes is strictly prohibited. Different classes of
people have different needs, that is a fact, and to address those,
separate laws are required to treat those. 16Furthermore, for the
security of the State, the legislation provides such laws, which are
directed toward the betterment of society as a whole.

Article-14: Constitution Of India Landmark Judgement

There have been several landmark judgments in India that have interpreted
Article 14 of the Constitution and expanded its scope.

Some of these judgments are:

Keshavananda Bharati v. State of Kerala (1973):[i]
This judgment established the basic structure doctrine, which held that
certain fundamental principles of the Constitution, including the right to
equality, cannot be amended by the Parliament. This ensured that the
fundamental rights guaranteed by the Constitution are protected and cannot
be diluted by the government.
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Maneka Gandhi v. Union of India (1978):[ii]
This judgment expanded the scope of Article 14 and held that the right to
travel abroad is an integral part of the right to personal liberty. It also
established the principle of natural justice, which requires that any action
taken by the government must be fair, just and reasonable.

Indra Sawhney v. Union of India (1992):[iii]

This judgment upheld the reservation policy for the Scheduled Castes and
Scheduled Tribes but held that the reservation policy cannot exceed 50% of
the available seats. It also established the principle of creamy layer, which
excludes the economically and socially advanced members of the backward
classes from the benefits of reservation.

Naz Foundation v. Government of NCT of Delhi (2009):[iv]

This judgment decriminalized homosexuality and upheld the right to
equality of the LGBT community. It held that discrimination against
individuals based on their sexual orientation violates Article 14 and the
right to life and personal liberty guaranteed by Article 21 of the
Constitution.
These judgments have helped to expand the scope of Article 14 and ensure
that the right to equality is upheld in all spheres of life. They have also
established the principle that the government must act fairly and justly in all
its actions and policies.

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Article 19: Constitution Of India
Article 19 is specifically known as the Article with the basic Fundamental
Rights of the people of the country, and how to protect such rights: -
(1) Every citizen of the country enjoys the right to:
(a) Freedom of speech and expression
(b) Assemble peacefully with no arms.
(c) Form any type of union.
(d) Move freely within the country
(e) Settle and reside in any part of the country
(f) The 44th Amendment omitted this part.
(g) Practice, or carrying, any occupation, trade, or business,
respectively.
(2) When the question arises on the sovereignty and integrity of India,
or public order, any type of reasonable restrictions can be imposed by the
States on the rights, and nothing in sub-clause (a) of clause (1), shall affect
such operation.
(3) Similarly, such reasonable restrictions, when the questions arise
for the same reasons can be imposed by the States on the rights, and
nothing in sub-clause (b) shall affect the operation.
(4) Similarly, again, such reasonable restrictions can be imposed by
the States on the rights, and nothing in sub-clause (c) shall affect the
operation.
(5) Similarly, reasonable restrictions can be imposed upon the rights
of the States, and nothing in sub-clauses [(d) & (e)] shall affect the
operation.
(6) Reasonable restrictions can be imposed by the States on the rights,
and nothing in subclause (g) shall affect the operation. Specifically, nothing
shall affect the State's operation or any law relating to the practice, or
carrying of any occupation, trade, or business, respectively, which are
controlled by the State, in order to exclude citizens, wholly or partially.

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Article 19 of the Constitution of India guarantees certain fundamental
freedoms to all citizens of India. These freedoms include the right to
freedom of speech and expression, the right to assemble peacefully and
without arms, the right to form associations or unions, the right to move
freely throughout the territory of India, the right to reside and settle in any
part of the country, and the right to practice any profession, occupation,
trade, or business.

The right to freedom of speech and expression includes the right to express
one's views, opinions, thoughts, and beliefs through any medium such as
speech, writing, or through audio-visual means. However, this right is
subject to reasonable restrictions in the interest of sovereignty and integrity
of India, security of the State, friendly relations with foreign States, public
order, decency or morality, or in relation to contempt of court, defamation,
or incitement to an offence.

The right to assemble peacefully and without arms allows citizens to gather
together for peaceful protests, demonstrations, and meetings without the
use of weapons. However, this right is also subject to reasonable
restrictions in the interest of public order and morality.

The right to form associations or unions allows citizens to come together

and form groups for a common purpose, such as a trade union, political
party, or social organization. However, this right is also subject to
reasonable restrictions in the interest of sovereignty and integrity of India,
public order, and morality.

The right to move freely throughout the territory of India allows citizens to
travel within the country without any restrictions, subject to reasonable
restrictions in the interest of public order, decency, and morality.

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The right to reside and settle in any part of the country allows citizens to
live and work in any part of India, subject to reasonable restrictions in the
interest of public order, health, and morality.

Overall, Article 19 is an important safeguard for the fundamental freedoms

of citizens and is essential for upholding the principles of democracy and
liberty.

Article-19: Constitution Of India Landmark Judgement

There have been several landmark judgments in India that have interpreted
and expanded the scope of Article 19 of the Constitution.

Some of these judgments are:

Romesh Thappar v. State of Madras (1950):[v]
This judgment established the principle that the right to freedom of speech
and expression includes the right to criticize the government and its
policies, even if such criticism is unpopular or inconvenient.

Maneka Gandhi v. Union of India (1978):[vi]

This judgment expanded the scope of the right to freedom of movement to
include the right to travel abroad. It also held that any restriction on this
right must be reasonable and cannot be arbitrary.

Secretary, Ministry of Information and Broadcasting v. Cricket

Association of Bengal (1995):[vii]
This judgment established the principle that the right to freedom of speech
and expression also includes the right to receive information and ideas from
any source, including the media.

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State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005):[viii]
This judgment held that the right to carry on any trade or business includes
the right to conduct slaughterhouses, subject to reasonable restrictions in
the interest of public health and hygiene.

Puttaswamy v. Union of India (2017):[ix]

This judgment upheld the right to privacy as a fundamental right under
Article 19 and Article 21 of the Constitution. It held that any restriction on
the right to privacy must be reasonable and must serve a legitimate state
interest.

These judgments have helped to expand the scope of Article 19 and ensure
that the fundamental freedoms guaranteed by the Constitution are upheld in
all spheres of life. They have also established the principle that any
restriction on these freedoms must be reasonable and cannot be arbitrary.

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Article 21: Constitution Of India
This Article deals with one of the most important aspects of the
Constitution, and it reads as if any person has the right to his own life and
his personal liberty. Although from an overview, it might seem
straightforward, however, when put under a microscope, there is no other
Article as conflicted and as contented as this Article. In the Constitution,
the Heart is solely regarded to be as Article 21, as this article can be
invoked when a person is denied such a right by the State. Article 21 is the
embodiment of progression in the provisions of the Constitution.

It extends not only to the citizens of India alone but also to any person,
foreign or otherwise.The aim of the article is to prevent the government
from encroaching on the personal liberty of the citizens and depriving them
of their right to live in the country or otherwise. An important aspect of this
Article is to note that, this is provided only against the judgements of the
State. Hence, if any harm is inflicted by a person upon another, which
results in an injury to the liberty or deprivation of life, this article then, does
not fall within the reach of use by the person injured.

It has to be understood that, any government body falls under the category
of State if we go by the definition present in the Constitution. However, it
does not relate to any private body or authorities and this Article is beyond
the use of such cases. The objective to be achieved is to allow the people to
live a happy, meaningful, and complete life, without any kind of restrictions
imposed upon them, of course, it has to be by the Law. Article 21 also
forms a synchronized relationship with Article 19 and Article 14 of the
Constitution. It gives the freedom to a citizen likewise such as both above-
mentioned Articles. Any type of restraint, physical or mental, is strictly
prohibited, which deprived a person of the fundamental rights, to which
everyone is entitled in the country.

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SCOPE OF ARTICLE 21
In the beginning, the Scope of the article was extremely narrow, however,
throughout the years, and with the help of numerous case laws presented,
the scope of the article has gradually and progressively expanded to give
life and meaning to the nature of the article. It also gave meaning to the fact
that through this Article, every other article, regardless of the structure and
function, merges together, and it would be completely meaningless without
it. Article 21 embodies everything, which a human might need to live a
normal and fulfilling life. If we talk about the scope, then it can be
described in one word, which is limitless. Obviously, there are restrictions
imposed, otherwise, it would hamper the law and order of the country.
However, such restrictions are only imposed, when a person has gone
straight out against the law.

Article 21 is a fundamental right enshrined in the Constitution of India,

which guarantees the protection of the right to life and personal liberty of
every citizen of India. It is considered as one of the most significant and
sacrosanct provisions of the Constitution, as it ensures that every citizen has
the right to life with dignity.

The Article states that no person shall be deprived of his life or personal
liberty except according to the procedure established by law. This means
that the State can take away a person's life or personal liberty only if it
follows the due process of law.

Article 21 has been interpreted by the judiciary in various cases, and its
scope has been expanded over the years to include the right to livelihood,
the right to travel abroad, the right to privacy, the right to a pollution-free
environment, the right to a fair trial, the right to legal aid, the right to
health, and the right to die with dignity.

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The fundamental right to life and personal liberty under Article 21 is not
only limited to the protection of physical existence but also extends to
mental, social, and economic well-being. The judiciary has held that the
right to life and personal liberty under Article 21 is a dynamic and evolving
concept, and any action by the government that violates these rights must
be fair, just, and reasonable.

Article 21 is a cornerstone of the Indian Constitution and ensures that every

citizen of India has the right to live with dignity and freedom. It is the duty
of the State to protect and uphold this fundamental right and ensure that
every citizen can exercise their rights and freedoms without any fear or
coercion.

Article-21: Constitution Of India Landmark Judgement

There have been several landmark judgments in India that have interpreted
and expanded the scope of Article 21 of the Constitution.

Some of these judgments are:

Maneka Gandhi v. Union of India (1978):[x]
This judgment expanded the scope of Article 21 and held that the right to
life and personal liberty includes the right to travel abroad. It established
the principle of natural justice and held that any action taken by the
government must be fair, just, and reasonable.

Olga Tellis v. Bombay Municipal Corporation (1985):[xi]

In this case, the Supreme Court held that the right to livelihood is a part of
the right to life and personal liberty under Article 21. The court observed
that the right to livelihood is a basic human right and deprivation of this
right would affect the right to life.

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State of Maharashtra v. Chandrabhan Tale (1983):[xii]
In this case, the Supreme Court held that custodial violence and torture
violated the right to life and personal liberty under Article 21. The court
observed that the fundamental right to life and liberty cannot be restricted
even if the person is in police custody or under arrest.

Vishaka v. State of Rajasthan (1997):[xiii]

In this case, the Supreme Court held that sexual harassment at the
workplace violates the right to life and personal liberty of women under
Article 21. The court laid down guidelines to prevent sexual harassment at
the workplace, which are known as the Vishaka guidelines.

Common Cause (A Regd. Society) v. Union of India (2018): [xiv]

In this case, the Supreme Court recognized the right to die with dignity as a
part of the right to life and personal liberty under Article 21. The court
legalized passive euthanasia and laid down guidelines for it.

These landmark judgments have expanded the scope of Article 21 and

ensured that the right to life and personal liberty of every citizen is
protected. The judiciary has interpreted Article 21 in a way that guarantees
not only physical but also mental, social, and economic wellbeing.

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 CASE LAWS

Supreme Court Landmark Judgement: Golden Triangle

The Golden Triangle case is a landmark judgement delivered by the
Supreme Court of India on 30th March 1989 in the case of Parmanand
Katara v. Union of India [xv]. The judgement dealt with the issue of
emergency medical aid to victims of road accidents and the duty of
hospitals and doctors to provide such aid.
In this judgement, the Supreme Court recognized the fundamental right to
life under Article 21 of the Constitution, which includes the right to
emergency medical aid. The court observed that the right to life includes
the right to live with human dignity, and any act or omission that impairs
this right is a violation of Article 21.

The court further held that it is the duty of every hospital and doctor to
provide emergency medical aid to the victims of road accidents without
waiting for procedural formalities or the arrival of the police. The court also
observed that the duty of doctors and hospitals to provide medical aid arises
from their professional commitment to society and their ethical obligations.

The judgement also established the concept of the "Golden Hour," which
refers to the critical hour after a traumatic injury, during which timely
medical intervention can make the difference between life and death. The
court held that every hospital and doctor must take necessary steps to
ensure that victims of road accidents receive emergency medical aid within
the "Golden Hour."

The Golden Triangle case has had a significant impact on the provision of
emergency medical aid in India. It has helped to raise awareness about the

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importance of timely medical intervention in saving lives, and has led to the
development of various schemes and programs aimed at improving
emergency medical services in the country.
Overall, the Golden Triangle case is a landmark judgement that has helped
to strengthen the right to life under Article 21 of the Constitution and has
emphasized the importance of the duty of hospitals and doctors to provide
emergency medical aid to victims of road accidents.

People’s Union of Civil Liberties (PUCL) v Union of India [xvi]: In this

case, the Supreme Court pointed out that an individual has the right to vote
freely according to his wishes, and considered that the freedom held by a
citizen in regards to such voting, a part of freedom of expression, which
falls under Article 19 (1) (a) of the Indian Constitution. It carefully
coincides with Article 21, the right to life, as such voting is a person’s
liberty.

Justice K.S. Puttaswamy (Retd) v Union of India [xvii]: In this case, the
Supreme Court held that every person has the right to privacy, and such
right must be included, at all cost, within the depths of Article 21. This a
freedom that must be enjoyed by every individual, and it is to be considered
as the core of such.

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 CONCLUSION

In conclusion, the Golden Triangle of the Constitution of India, consisting

of Articles 14, 19, and 21, represents the fundamental rights of citizens to
equality before law, freedom of speech and expression, and the right to life
and personal liberty, respectively. These three articles are interrelated and
provide the foundation for the protection of the basic rights and freedoms of
citizens in India.

The Supreme Court of India has played a significant role in interpreting and
expanding the scope of these fundamental rights through various landmark
judgements. The Golden Triangle case, in particular, has emphasized the
importance of the duty of hospitals and doctors to provide emergency
medical aid to victims of road accidents and has helped to strengthen the
right to life under Article 21 of the Constitution.

The Golden Triangle case, in particular, has emphasized the importance of

the right to life and the duty of hospitals and doctors to provide emergency
medical aid to victims of road accidents within the critical "Golden Hour"

Overall, the Golden Triangle serves as a powerful reminder of the

fundamental principles of equality, freedom, and dignity that underlie the
Indian democracy. The Government and the Judiciary of India must
continue to uphold and protect these fundamental rights, thereby ensuring
that the citizens of India can enjoy their freedom and dignity without any
hindrance.

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 REFERENCES

https://blog.ipleaders.in/golden-triangle-indian-constitution/

https://lawcorner.in/golden-triangle-of-indian-constitution/

https://www.lawcolumn.in/the-rule-of-golden-triangle-of-the-indian-
constitution-under-article-21/

https://www.juscorpus.com/wp-content/uploads/2022/08/195.-Archisman-
Chakraborty.pdf

http://nujslawreview.org/wp-content/uploads/2023/05/15.3-4-Sharma.pdf

https://testbook.com/question-answer/____________-articles-are-called-
the-golden-triang--618a0c59848d3da4ea2080b5

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