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 rights are considered in evaluating the reasonableness of restrictions on fundamental rights. Also, mention the principles of proportionality in evaluating the restrictions with reference to relevant judicial pronouncements.
Introduction
Absolute liberty is no liberty (Margaret Mead).
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Main Body
Article (19) Freedom of expression (subject to public order, contempt, defamation etc.). Article (20) Original offense (subject to department enquiry etc.). Article (21) Right to administer institutions (subject to safety standard, applicable to others, public order). Constitutional rights balance individual/societal rights: (1) Freedom of speech,—allowed as codified in Shreya Singhal case. However courts struck a balance behind hate speech a free speech in Aasis Duscan case. (2) Freedom of movement, Article (4) individual freedom, test, restricted for NRIs labelled people upward benefit. (3) Right to equality, Article (15),(16) (Kalyangand Bharti case, equality). (4) Freedom of profession, Article (9) individual freedom of business but, subject to public order & immorality. (5) S6 in Shung ain case A&R road case 'Delhi HC',
Principles considered in evaluating the reasonableness of restrictions: (1) Doctrine of proportionality (Anuradha Bhasин case, internet shutdown to be only for highway duration). (2) Direct violation of symmetry (Shreya Singhal case, speech should explicitly incite violence). (3) Public interest (shutting down of electoral bond for violating information right). Hence courts in India strike a balance between achieving social rights with certain limitations.
Principles considered in evaluating the reasonableness of restrictions continuation: (1) Doctrine of proportionality, Anuradha Bhasин case, internet shutdown to be only for highway duration. (2) Direct violation of symmetry, Shreya Singhal case, speech should explicitly incite violence. (3) Public interest, shutting down of electoral bond for violating information right.
Conclusion
Hence courts in India strike a balance between achieving social rights with certain limitations.
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LAKSHAY AGGARWAL
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Restrictions on Fundamental Rights and Reasonableness
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analytical
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