Reasonable balance between individual's liberty and the state's right to impose restrictions is vital for the functioning of a constitutional democracy. Explain with help of suitable illustrations.
Introduction
In guarding its citizen the freedom to life and liberty (Art. 21), India, like other constitutional democracies
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Main Body
In guarding its citizen the freedom to life and liberty (Art. 21), India, like other constitutional democracies has carefully tried to pursue Eddelaar 'Middle Path'. In the absence of a reasonable balance: • Absolute individual liberty may lead to: 1. Communal strife in a religious society. (Eg. Female on Prophet) 2. Hate speech against groups – minorities (ethnic, religious, racial) 3. Calls for secession
4. Incitement to violence => Riots, Pograms 5. Influx of outsiders in tribal lands. 6. Violation of public morality. • Absolute state restriction may lead to: 1. Despotism => loss of democracy 2. Tyranny of the majority 3. Violation of human rights. (Eg UAPA) 4. Curbs on the 5 Ds = Dissent, Difference of opinions, Diversity of views, Development and democracy. The protection of the movement of people during COVID-19 lockdowns, in the interest of public health represents the reasonable balance, the absence of which can be dystopian.
Conclusion
The protection of the movement of people during COVID-19 lockdowns, in the interest of public health represents the reasonable balance, the absence of which can be dystopian.
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MUDIT FOUJIDAR
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Right to Liberty and Reasonable Restrictions
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analytical
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