Evolving Jurisprudence of the Golden Triangle with reference to Article 25 of the Indian Constitution

  • Asmi Rao
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  • Asmi Rao

    Student at Christ (Deemed to be University), India

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This research paper explores the changing landscape of interpreting Part III the Indian Constitution. It examines the use of an interpretation for specific rights, particularly Articles 14 19 and 21 while the reading of other fundamental rights is done disjunctively. Over time, the articles 14, 19 and 21 have been collectively been referred to as the "golden triangle", due to the the principles established in RC Cooper. However, the reading of merely these three articles collectively was not intended. All fundamental rights must be read collectively as a “seamless web”, and not disjunctively, to provide maximum protection of rights The primary argument made in this paper is that a comprehensive approach primarily based on the proportionality standard should be adopted to evaluate State intervention in practices and reconcile conflicting interests. This is done by using Article 25 as a primary example. The current test under this article has been critiqued and the suggestion of the ‘integrated proportionality standard’ is being made. This research highlights a changing paradigm in jurisprudence, towards a culture of justification that emphasizes context-nuanced analysis of State actions concerning fundamental rights. This ensures that these actions are reasonable, necessary and proportionate in achieving their objectives.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 2594 - 2607

DOI: https://doij.org/10.10000/IJLMH.117318

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