The Constitution of India provides several rights that empower the individual, yet it balances these freedoms with responsible 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 case laws.
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Art 19(2) provide for reasonable restrictions on fundamental rights of Art 19 to ensure collective Society welfare. Empowering rights Restrictions | Freedom of speech → Against defamation, public morality, foreign affairs, hate speech (Prabasi Bhatnai case) etc | Cannot disrupt public order and law | impose sec 144 | Not for unlawful areas, prostitutes affecting public health, potential hate speech proportions (Mohan Bhats Taj case) | Except in tribal areas a scheduled areas (PESA Act, 5th & 6th Scheduled) | Except occupations reserved for state | Such as Railway, atomic bombs, defence | Except any forfeited Conversion and subject to Art 25, Art 14, Art 19
Principles considered in Reasonable Restrictions | Freedom of Movement in India for unification of India (Art 19(1)e) | Freedom of Residence in any part of country | Freedom of Profession, occupation (Art 19(1)g) | Principles of proportionality as re-enforced in SRI v ADR on electoral bonds (Right to Information v Privacy) | Principle of Maximum Actual Least Restriction as proposed in Amardin Bhatnai Restriction case | Essential Religious Practice doctrine for restrictions in Religion for secularism | Principle of Calibrated Legislation and Harmonious Construction considered in deciding restrictions | Principle of Pith and Substance | Hence, Constitution makes a fine balance across diverse groups to reflect socio-cultural realities of India Ambedkar. Privileges enable quality law Making and ensure 'substantive democracy', but cannot be absolute, but qualified
— MUDITA BANSAL · AIR 44
MUDITA BANSAL
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Constitutional restrictions and reasonable restrictions on fundamental rights
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