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.
Main Body
The constitution of India provides for an elaborate set of rights contained in Part III.
Fine balance between individual and societal interest:
⊘ 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
⊘ However, restrictions such as government monopoly in certain sector in societal interest allowed.
⊘ SC in Real India case upheld societal need of coal production
⊘ However it does not guarantee its recognition by state
⊘ Restrictions like Inner line Permit, Dem schedule exist
⊘ However, restrictions such as government monopoly in certain sector in societal interest allowed.
⊘ SC in Real India case upheld societal need of coal production
⊘ However it does not guarantee its recognition by state
⊘ Restrictions like Inner line Permit, Dem schedule exist
⊘ Restrictions like preventive detention under Article 22
⊘ SC in IUK saree case laid guidelines against torture, etc.
⊘ M. Nagraj case laid test of quantifiable data admin efficiency
⊘ UNCDI VLE UCC case laid triple test of clear, reasonability
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
BHAVESH JAGLAN
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Balance between Fundamental Rights and Reasonable Restrictions
273
Total words
10
Paragraphs