FOREWORD
The Fundamental Rights Of Business
Why corporate India needs more guarantees to realise its potential
14 Aug 2009
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| (Pics by Sanjay Sakaria) |
Do businesses have any fundamental rights? Should businesses have any fundamental rights? Strange as these questions may seem, it is important to pose them at this point of our economic development.
Fundamental rights are important because they guarantee certain basics that are needed for realising the full potential of the individual. Though India became an independent nation on 15 August 1947, it was not until 26 January 1950 that its citizens — at least the educated ones — came to know about the exact fundamental rights that were being guaranteed to them by the Constitution.
Of course, the Constitution gave the Indian citizens many other rights as well. But the fundamental rights were written as a special category simply because they were so crucial for the growth and development of the Indian citizens.
Of course, when the Constitution was written, there were no fundamental rights provided for the corporate or business entity per se. Indeed, it would have been quite extraordinary if such provisions had been made at all. There is no constitution anywhere in the world that has anything called fundamental rights for businesses. Not even in the US, the country in which the business entity has overarching importance.
And even if there were precedents anywhere around the world, why would India need to create any fundamental rights for business in its Constitution? The fundamental rights for the citizens already guaranteed by the Constitution, when read along with the directive principles of state policy, pretty well cover anything that the country’s businesses could want.
The right to freedom, for example, explicitly states that all citizens are free to choose any trade, set up any business or follow any occupation. The right against exploitation and the right to equality are not just important for the individual, they are equally important for business entities. And the right to constitutional remedies is the final protection. These rights were designed for the individual — but they fit nicely for business entities as well.
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