Plectrum Of Constitution: Strumming Intellectual Property In Article 14 And Article 19(1)(a)

Preyansi Anand Desai

doi:10.36948/ijfmr.2026.v08i01.67013

Plectrum Of Constitution: Strumming Intellectual Property In Article 14 And Article 19(1)(a)

Author(s)	Ms. Preyansi Anand Desai
Country	India
Abstract	The connection between fundamental rights (hereinafter FR) and intellectual property rights (hereinafter IPR) in India's knowledge economy presents significant constitutional issues. The limitations and enforcement of IPR are increasingly linked to fundamental constitutional protections, especially those included in Article 14 and Article 19(1)(a), even though it is typically thought of as a legal innovation. This article examines whether intellectual property should be reinterpreted as a constitutional right rather than a corporate monopoly. It takes equality, social justice, and free expression into account. It investigates whether uneven access to IPR, such as patents on digital information, educational materials, or life-saving medications, may be considered unfair under Article 14 through a careful comparison and analysis. Article 19(1)(a) also addresses the issue between free expression and copyright. Intellectual property (hereinafter IP) may promote innovation, but it can also keep the general public from engaging in discussions about culture and science. Notable cases like Novartis v. Union of India (hereinafter Novartis case) and Tata Press v. MTNL (hereinafter Tata case) are closely explored to show how legal notions are evolving. The research makes the case that, when viewed through the prism of transformative constitutionalism, IP should be reinterpreted to emphasize how it may promote social justice when it is in line with FR. Instead of monopolistic control, the fundamental tenets of IP systems ought to be community authorship, justice, and accessibility. According to the study, the conditional FR model for intellectual property and state actions is assessed using both innovation incentives and the larger constitutional commitment to equitable distribution. This paper presents a novel viewpoint by integrating IP into the constitutional framework. It makes the case that, to advance social justice within India's democratic system, we may and need to reconsider IP regulation and protection.
Keywords	Intellectual Property Rights, Fundamental Rights, Article 14, Article 19(1)(a), Social Justice
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-01-22
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.67013

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Plectrum Of Constitution: Strumming Intellectual Property In Article 14 And Article 19(1)(a)

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