Question Q.15GS2GS2

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

Main Body

Supreme Court in [KS Puttaswamy case, 2018] held that Right to privacy could be infringed based on [Triple-Test criteria], signifying that freedoms come with reasonable restrictions. [FREE DEFENCE BETWEEN INDIVIDUAL & SOCIETAL] 1) Article [15(4), 15(5), 16C] provides for affirmative action for reservation in educated institutes, balancing [Right to Equality] under [Article 14]. 2) Article [16(4), 16(5), 16C] provides for reservation in public employment for marginalized sections balancing principle of Merit & Right to equality under [Article 17].

3[Article 19(2)] lists down several restrictions of on Right to free speech. For example, public order potentially relating with foreign countries, (contempt of court) 4) [Article 19(5)] restricts Right to Free Movement ([Article 19]) to protect the interests of Tribal communities 5) [Article 25] on one hand provides right to religious freedom but any duel practices must not violate public order, morality and health. Hence, the balance is maintained by various principles to assess reasonableness of restrictions. 1) [KS Puttaswamy case]: SC held that right to privacy can only be breached based on a principle of Proportionality → principle of Legality → principle of Need

2[Shrinut Mill case (1954)]: SC evolved Essential Religious Practices doctrine to facilitate secular declaim and Gender Justice, balancing with Right to freedom & religion. 3) [Nagaraj case]: SC laid down three criteria to ascertain whether a community could be provided reservation under Article 15, 16. Hence, Constitution of India strikes a fine balance between individual and societal interests. Restrictions on [Freedom] should only be to the extent that ability to enjoy [Collective Freedom] is maximised.

260 words1 paragraphs

Conclusion

Hence, Constitution of India strikes a fine balance between individual and societal interests. Restrictions on Freedom should only be to the extent that ability to enjoy Collective Freedom is maximised.

30 words

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Page 35

Topper

WASIM-UR-RAHMAN

AIR 1572025

Subject & Paper

GS2GS2

Topic

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

Fundamental Rights

Restrictions on Fundamental Rights and Balance

Writing Stats

290

Total words

Paragraphs

analytical

Tone