Elevating Corporate Melodies: A Serenade to Embrace Fundamental Rights

Authors

  • Shreyas V. Nair
  • Riddhiman Mukherjee

Keywords:

Fundamental rights, own property, file lawsuits, corporate personality, Articles 15, 16 & 19

Abstract

Corporate entities have become ubiquitous in modern business and are often afforded legal personhood, but the question of whether they enjoy the same fundamental rights as natural persons under the Indian Constitution has sparked a heated debate. Corporate entities are legal entities that can enter into contracts, own property, and file lawsuits. Yet, because they are not natural entities,
there is ongoing discussion regarding whether they enjoy the same fundamental rights as natural entities under the constitution. This has spurred discussion on the nature of corporate personality and the ideas around it. The Indian Constitution makes it clear through its Articles 15, 16, and 19 that only citizens are granted basic legal protections, while companies do not quite get similar treatment under this statute. The first part of our research looks at the fundamental rights provided by the Indian Constitution, which are founded on the notion of Indian citizenship. The second portion assesses prior precedents established by Indian courts in implementing the constitution and evaluating whether corporations incorporated in India have basic rights. The third and last portion of the research finishes by evaluating a company's attitude on safeguarding fundamental rights. This article intends to give an
impartial and objective analysis of the basic rights afforded to corporations through a research study.

Published

2023-10-04