Critical Analysis on the Fundamental Rights Availed by the Corporation/Companies
Volume III, Issue III, 2020
Corporate bodies are separate legal entities capable of owning properties, entering into contracts, and suing or being sued . These corporate bodies being artificial and not natural entities, pertaining questions often arise whether the corporations are entitled to the same fundamental rights guaranteed by the Constitution or to other Convention as available to natural entities. Frequent question also arises regarding to the nature of corporate personality and the theories relating to the same. In general terms, it may be seen that certain rights are available to citizens only in case of Article 15, article 16, Article 19 etc.of the Constitution of India. Therefore, the concept of citizenship and nationality are also important aspect for understanding that why certain rights are not available to companies under the constitution of India.
This research has been divided into three parts. Firstly, the internal division among fundamental rights as guaranteed by the Constitution of India is noted as based on the concept of citizenship in India. Secondly, the judicial precedents as set by the Indian Courts in interpreting the constitution and determining that which fundamental rights are available to a company incorporated in India. Thirdly, a comparative study on status of the company in relation to the availability of fundamental rights to them is done in respect of United States and Europe. The paper therefore seeks to critically study the fundamental rights available to the companies from a case study viewpoint.