Reasonable Restrictions
Notes
The six freedoms are not absolute. Clauses (2) to (6) of Art. 19 allow the State to impose reasonable restrictions, but only by law (executive orders without legal backing are not enough).
Freedom | Grounds for restriction |
|---|---|
19(1)(a) Speech and expression (Art. 19(2)) | Sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; contempt of court; defamation; incitement to an offence |
19(1)(b) Assembly (19(3)) | Sovereignty and integrity of India; public order |
19(1)(c) Association (19(4)) | Sovereignty and integrity of India; public order; morality |
19(1)(d), (e) Movement and residence (19(5)) | Interests of the general public; protection of interests of any Scheduled Tribe |
19(1)(g) Profession (19(6)) | Interests of the general public; professional or technical qualifications; State monopoly |
History
- The 1st Amendment (1951) added "public order", "friendly relations with foreign States", "incitement to an offence" and inserted the word "reasonable" in Art. 19(2).
- The 16th Amendment (1963) added "sovereignty and integrity of India".
Tests of reasonableness
- State of Madras v V.G. Row (1952): courts consider the nature of the right, the underlying purpose of the restriction, the extent and urgency of the evil, the disproportion of the imposition, and the prevailing conditions.
- Restrictions must be both substantively and procedurally reasonable.
- A restriction must not be excessive or arbitrary; the doctrine of proportionality is now applied (Modern Dental College, 2016; Puttaswamy, 2017; Anuradha Bhasin, 2020).
- Courts, not the legislature, decide whether a restriction is reasonable.
Law and order, public order, security of the State (Ram Manohar Lohia v State of Bihar, 1966): three concentric circles. Law and order is the widest, public order is inside it, and security of the State is the narrowest.
Other points
- Prior restraint on the press is usually invalid (Brij Bhushan), but pre-censorship of films is allowed (K.A. Abbas, 1970).
- Art. 358: Art. 19 is automatically suspended when an Emergency is declared on grounds of war or external aggression (not armed rebellion, after the 44th Amendment).
- Art. 19 freedoms are not available to foreigners; companies cannot claim them (Tata Engineering, 1964).
- Art. 33: Parliament can restrict the FRs of members of the armed forces and police.
Key Points
- Restrictions need legal backing and must be reasonable.
- Grounds differ for each freedom: speech has the most grounds.
- 1st Amendment (1951) added "reasonable" and new grounds; 16th (1963) added sovereignty and integrity.
- Proportionality is the modern test.
- Lohia: three circles of law and order, public order and security of State.
MCQs
Q1. Which of the following is NOT a ground for restricting freedom of speech under Art. 19(2)?
(a) Contempt of court
(b) Defamation
(c) Interests of the general public
(d) Decency or morality
Ans: (c). "Interests of the general public" is a ground under 19(5) and 19(6).
Q2. The "three concentric circles" of law and order, public order and security of State come from:
(a) Ram Manohar Lohia v State of Bihar
(b) Romesh Thappar
(c) K.A. Abbas
(d) Shreya Singhal
Ans: (a).
Q3. Art. 19 is automatically suspended under Art. 358 during an Emergency declared on the ground of:
(a) Armed rebellion
(b) War or external aggression
(c) Failure of constitutional machinery
(d) Financial instability
Ans: (b).