The concept of reasonable restrictions ensures a balance between individual freedoms and the collective interests of society. While fundamental rights are guaranteed under the Indian Constitution, they are not absolute and can be restricted under specific conditions to maintain public order, morality, and the sovereignty of the nation. These restrictions, however, must be “reasonable” to prevent arbitrary or excessive curtailment of rights.
Features of Reasonable Restrictions
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Balance Between Rights and Duties
- Restrictions aim to harmonize individual freedoms with societal responsibilities.
- Example: Freedom of speech cannot justify hate speech or incitement to violence.
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Judicial Oversight
- Courts have the authority to assess the reasonableness of restrictions.
- Example: Laws imposing restrictions must pass the test of fairness and proportionality.
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Grounds for Restrictions
Specific articles, such as Article 19, outline permissible grounds for restricting fundamental rights.
Reasonable Restrictions Under Article 19
Article 19(1) guarantees freedoms such as speech, assembly, and trade. However, Article 19(2)–(6) permits restrictions based on:
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Security of the State
- Actions endangering national security can be curtailed.
- Example: Prohibition of speeches promoting terrorism.
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Public Order
- Ensures peace and prevents disturbances in society.
- Example: Restrictions on protests leading to riots.
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Decency and Morality
- Protects societal norms and values.
- Example: Regulation of obscene publications.
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Contempt of Court
- Prevents actions undermining the judiciary’s authority.
- Example: Punishment for scandalizing the court.
- Defamation
- Protects an individual’s reputation from false and damaging statements.
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Sovereignty and Integrity of India
Safeguards national unity and territorial integrity.
Judicial Interpretation
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Chintaman Rao v. State of Madhya Pradesh (1950)
Restrictions must not be arbitrary or excessive.
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Shreya Singhal v. Union of India (2015)
Struck down Section 66A of the IT Act for being unreasonable and vague.