Article 14, 19, 21 - Fundamental Rights in Indian Constitution with all major Supreme Court of India Judgements

 

Article 14, 19, 21 - Fundamental Rights in Indian Constitution with all major Supreme Court of India Judgements

The Indian Constitution is the supreme law of the land that guarantees certain rights and freedoms to its citizens. These rights are known as fundamental rights as they are essential for the dignity and development of every individual. Among these rights, three articles are considered to be the most important and interrelated. They are Article 14 (Right to Equality), Article 19 (Right to Freedom) and Article 21 (Right to Life and Liberty). These three articles are popularly known as the golden triangle of the Indian Constitution as they form the basis of the rule of law, democracy and human rights in India.

Article 14 - Right to Equality

Article 14 states that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India. This means that every person, irrespective of their religion, race, caste, sex or place of birth, shall be treated equally by the law and shall not be discriminated against on any ground. This article also implies that there shall be no arbitrary or unreasonable classification of persons by the State for the purpose of legislation or policy making. The State can only make reasonable classifications basclassificationsed on intelligible differentia and a rational nexus with the objective sought to be achieved.

Some examples of cases where Article 14 was invoked are:

• In State of West Bengal v. Anwar Ali Sarkar (1952), the Supreme Court struck down a special procedure for the trial of certain offences as it violated Article 14 by creating an unreasonable classification of offenders without any rational basis.

• In Indra Sawhney v. Union of India (1992), the Supreme Court upheld the reservation of 27% seats for backward classes in public services as it was based on a reasonable classification to achieve social justice and equality of opportunity.

• In Navtej Singh Johar v. Union of India (2018), the Supreme Court decriminalized homosexuality by reading down Section 377 of the Indian Penal Code as it violated Article 14 by discriminating against a class of persons based on their sexual orientation.

Article 19 - Right to Freedom

Article 19 grants six freedoms to all citizens of India. They are:

• Freedom of speech and expression

• Freedom of assembly

• Freedom of association

• Freedom of movement

• Freedom of residence

• Freedom of profession

These freedoms are essential for the expression of one’s opinions, beliefs, ideas and aspirations. They also enable citizens to participate in the political and social affairs of the country. However, these freedoms are not absolute and can be restricted by the State on certain grounds such as sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court, defamation or incitement to an offence.

Some examples of cases where Article 19 was invoked are:

• In Romesh Thappar v. State of Madras (1950), the Supreme Court held that a ban on a communist journal was violative of Article 19(1)(a) as it imposed an unreasonable restriction on freedom of speech and expression.

• In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that freedom of religion under Article 19(1)© includes the right to manage religious affairs and institutions.

• In Maneka Gandhi v. Union of India (1978), the Supreme Court held that freedom of movement under Article 19(1)(d) includes the right to travel abroad and cannot be curtailed without due process of law.

Article 21 - Right to Life and Liberty

Article 21 states that no person shall be deprived of his life or personal liberty except according to a procedure established by law. This means that every person has a right to live with dignity and freedom and cannot be arbitrarily deprived of these rights by the State or any other authority. This article also implies that the procedure established by law must be fair, just and reasonable and not arbitrary or oppressive.

Article 21 has been interpreted by the Supreme Court broadly and expansively to include various aspects of life and liberty such as:

• Right to privacy

• Right to health

• Right to education

• Right to livelihood

• Right to clean environment

• Right to speedy trial

• Right against torture

• Right against custodial violence

• Right against bonded labour

• Right against sexual harassment

Some examples of cases where Article 21 was invoked are:

• In A.K. Gopalan v. State of Madras (1950), the Supreme Court held that Article 21 only requires a valid law and not a fair procedure for depriving a person of his life or liberty.

• In A.D.M. Jabalpur v. Shivakant Shukla (1976), the Supreme Court held that Article 21 was suspended during the emergency and habeas corpus petitions were not maintainable.

• In Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981), the Supreme Court held that Article 21 includes the right to live with human dignity and not merely animal existence.

• In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that Article 21 includes the right to livelihood and cannot be denied to pavement dwellers without due process of law.

• In M.C. Mehta v. Union of India (1987), the Supreme Court held that Article 21 includes the right to a clean and healthy environment and ordered the closure of hazardous industries in Delhi.

• In Unni Krishnan v. State of Andhra Pradesh (1993), the Supreme Court held that Article 21 includes the right to education for children up to the age of 14 years.

• In D.K. Basu v. State of West Bengal (1997), the Supreme Court held that Article 21 includes the right against torture and custodial violence and laid down guidelines for the protection of arrestees and detainees.

• In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court held that Article 21 includes the right to privacy and declared the Aadhaar scheme as constitutional with certain limitations.

Conclusion

Articles 14, 19 and 21 are the pillars of the Indian Constitution that uphold the values of equality, freedom and dignity for all citizens. They are interdependent and interrelated and form a harmonious whole. They also reflect the aspirations and ideals of the people of India as enshrined in the Preamble of the Constitution. They are not only rights but also duties and responsibilities for every citizen to respect and protect. They are also dynamic and evolving concepts that respond to the changing needs and challenges of society. They are, indeed, the golden triangle of the Indian Constitution.