Fundamental Rights and Citizenship of a Company in India: An Overview

This article has been categorized into three broad components. Firstly, the constitutional law perspective of fundamental rights conferred to corporations in India primarily based on the concept of citizenship in India. Secondly, the judicial precedents set by the Indian Courts in deciphering the constitution and figuring out which fundamental rights are available to a business enterprise included in India is discussed chronologically. Thirdly, a dive into the status of corporations in relation to availability of fundamental rights to them in the United States. This paper as a result seeks to evaluate the fundamental rights available to businesses from a case study point of view. Corporate bodies are separate legal personality able to owning assets, getting into contracts, and to sue and be sued. But those corporate bodies being artificial and not natural entities, important questions frequently arise whether companies are entitled to identical fundamental rights assured by means of the Constitution or other conventions as provided to natural persons. This is a reflection paper that seeks to explain whether companies possess fundamental rights and citizenship just like the rest of us.