Author: K.P. Siddharth Manoj, Student at Unitedworld School of Law, Karnavati University
INTRODUCTION
On 3rd January, 2023, The Hon’ble Supreme Court of India, in the case of Kaushal Kishore v. State of Uttar Pradesh & Ors., held with a 4:1 majority that fundamental rights under Article 19 and 21 can be maintained against private or non-state actors. While the judgment itself had a varied spectrum of issues that it dealt with and question of whether fundamental rights can be maintained against private entities was not its primary concern, however, the decision by the top court has rather opened up a new ambit of legal implication on private entities such as a company. Understanding the legal status and rights of companies is a complex and evolving subject, particularly in the context of constitutional frameworks. In the intricate tapestry of legal frameworks and constitutional interpretations, the relationship between companies and fundamental rights forms a compelling narrative. This paper delves into the nature of corporate entities, examining the nuanced interplay between legal definitions, constitutional principles, and evolving judicial perspectives. At its core, a company symbolizes a collective of individuals converging for shared objectives, predominantly economic. As legal constructs, companies navigate a complex landscape, influenced by statutory regulations and interpretative frameworks.
The Constitution of India, a lodestar of justice and equality, frames fundamental rights in a manner that necessitates exploration into their applicability to corporate entities. In this paper I shall discuss a dynamic spectrum of legal philosophies, ranging from the doctrine of separate legal entities to assertions about a company’s potential personhood with inherent entitlements.
The judicial landscape, as the arbiter of these intricate questions, has witnessed evolving perspectives on whether companies can independently claim fundamental rights or if such entitlements are exclusive to individual citizens. This introduction sets the stage for a deeper exploration into the legal intricacies surrounding the rights and roles of companies within the constitutional fabric.
