Reasonable Restrictions under Article 19 of Constitution
Article 19 of the Indian Constitution
Article 19 guarantees certain Fundamental Rights to the citizens of India, mainly related to freedom of speech, movement, assembly, association, and profession. However, these freedoms are not absolute; they are subject to reasonable restrictions imposed by the State for specific purposes.
What are Reasonable Restrictions?
Reasonable restrictions mean limitations placed by the State on the exercise of fundamental freedoms to ensure public order, security, and the interests of the nation. These restrictions must be justified, fair, and not arbitrary.
Key Features of Reasonable Restrictions
Prescribed by Law
The restriction must be established by a law made by the legislature.
Reasonable
The restriction must be appropriate and not excessive or arbitrary.
In the interest of specified grounds
The restrictions can only be imposed for certain grounds mentioned explicitly in Article 19(2) to (6), depending on the freedom.
Fundamental Freedoms under Article 19 and Grounds for Reasonable Restrictions
| Freedom Guaranteed | Grounds for Reasonable Restrictions | Relevant Clause |
|---|---|---|
| 1. Freedom of Speech and Expression | Sovereignty, security of the state, public order, decency/morality, contempt of court, defamation, incitement to an offense | Article 19(2) |
| 2. Freedom to Assemble Peacefully | Public order, sovereignty, security of the state | Article 19(3) |
| 3. Freedom to Form Associations or Unions | Sovereignty, public order, morality | Article 19(4) |
| 4. Freedom of Movement Throughout India | Public order, security, health, friendly relations with foreign states | Article 19(5) |
| 5. Freedom to Reside and Settle Anywhere | Public order, security, health | Article 19(6) |
| 6. Freedom to Practice Any Profession | Professional or technical qualifications, public interest | Article 19(6) |
Why are Reasonable Restrictions Necessary?
To maintain law and order.
To protect sovereignty and integrity of the country.
To safeguard public health and morals.
To prevent abuse of freedoms.
To protect rights and reputation of others.
Judicial Interpretation
Courts have emphasized that restrictions must be reasonable and not arbitrary.
The “reasonable” test means restrictions must have a proximate and direct connection to the purpose mentioned in Article 19.
Example: Romesh Thappar vs. State of Madras (1950) — Supreme Court struck down an unreasonable restriction on freedom of speech.
Summary:
Article 19 freedoms are not absolute.
Reasonable restrictions are legal, necessary, and proportional limits imposed by the State.
Restrictions are subject to judicial review to prevent misuse.
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