BJ

BHAVESH JAGLANAIR 128· 2025

Question Q15GS2GS2

The Constitution of India provides several rights that empower the individual, yet it balances these freedoms with reasonable restrictions in the larger public interest. Discuss how constitutional restrictions on fundamental rights strike a fine balance between individual interests and societal interests. Also, mention the principles that are considered in evaluating the reasonableness of restrictions with reference to case laws.

Open scan (p.33)

Main Body

The constitution of India provides for an elaborate set of rights contained in Part III.

Fine balance between individual and societal interest:

1Article 19(1)(a) provides freedom of speech and expression.

⊘ However, 11(1) provides restrictions such as public order, morality, security of state, friendly relations

⊘ SC in Amrach Birgann Khari (2022) said need to balance both

2Article 19(1)(g) provides right to conduct profession of ones choice.

⊘ However, restrictions such as government monopoly in certain sector in societal interest allowed.

⊘ SC in Real India case upheld societal need of coal production

3Article 19(1)(c) provides right to form associations

⊘ However it does not guarantee its recognition by state

4Article 19(1)(d) allows right to move and free passage

⊘ Restrictions like Inner line Permit, Dem schedule exist

2Article 19(1)(g) provides right to conduct profession of ones choice.

⊘ However, restrictions such as government monopoly in certain sector in societal interest allowed.

⊘ SC in Real India case upheld societal need of coal production

3Article 19(1)(c) provides right to form associations

⊘ However it does not guarantee its recognition by state

4Article 19(1)(d) allows right to move and free passage

⊘ Restrictions like Inner line Permit, Dem schedule exist

5Right to personal liberty (Article 30)

⊘ Restrictions like preventive detention under Article 22

⊘ SC in IUK saree case laid guidelines against torture, etc.

6KS Puttaswamy case laid triple test of proportionality necessity and equality considered

⊘ M. Nagraj case laid test of quantifiable data admin efficiency

⊘ UNCDI VLE UCC case laid triple test of clear, reasonability

267 words10 paragraphs

Conclusion

Principles considered: proportionality, necessity, and equality

6 words

  • Multiple constitutional articles cited
  • Case law references
  • Clear structure with examples
  • Multiple case law references
  • Specific tests for reasonableness mentioned

Topper

BHAVESH JAGLAN

AIR 1282025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Fundamental Rights

Balance between Fundamental Rights and Reasonable Restrictions

Writing Stats

273

Total words

10

Paragraphs