Skip to main content

Golden Triangle

 Golden Triangle

Indian constitution is the lengthiest written constitution, it is embodied with  449 articles, 12 schedules,25 parts,5 appendices, and 101 amendments. Our Indian Constitution consists of 146,385 words. The preamble of the constitution consists of words like a sovereign, socialist, secular, democratic republic. These are a few rights that are given by the Indian government to its citizens. It also ensures that the citizen of India gets justice, equality, liberty, and promote fraternity.

The constitution mentions various rights and duties. The most important rights are fundamental rights. These rights were first demanded in the year 1895, it came from the constitution of India bill which is popularly known as the swaraj bill. This bill was introduced in the era of the emergence of Indian nationalism and increasingly vocal demands by Indians for self-government. it talks about freedom of speech, right to privacy, right to franchise, etc. the fundamental rights were included in the first draft constitution later in the second draft of the constitution, and finally in the third draft constitution prepared by the drafting committee.

Case; T.R.Kothandaraman v. T.N water supply and Drainage board, in this case, it was observed by the judge that "the golden triangle of our constitution is composed of articles 14.19 and 21. incorporation of such articles was made for purpose of paving such a path for the people of India which may see them close to the gathering of liberty, equality, and fraternity. It could also be said that the trio assists the deprived class and also destroys the exploiters of the depressed class.”

The golden triangle consists of articles 14, 19, and 21. Article 14 talks about the right to equality. This right provides equality to every citizen in the country. Article 19 talks about the freedom of speech and expression and article 21 protect life and personal liberty. These provisions are called golden rules as they provide the basis for the smooth running of the life of the citizen of the country. This rule provides all-rounder protection to individuals from encroachment upon their rights from the society and others as well.

Article 14 is an important segment as the provision also gains importance because the enactment of such provisions leads to abolishing of the certain inhuman customary practice of our country .this article provides legal protection, which states that the law provides legal protection of the law should be the same for every person with some necessary exceptions. Article 19  as stated above talks about the freedom of speech. But this right has some restrictions such as security of the state, public order, decency and morality, contempt of court, defamation, etc. On the other hand, the article21 covers the most important and sensitive area as it talks about the protection of life.

In the conclusion, the drafter of the constitution planned it very conveniently that the Indian constitution consists of fundamental rights and fundamental duties. The above articles are very important as discussed in the above article, therefore, understanding every article is extremely important.
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more