Examine the scope of 'reasonable restrictions' and the 'test of reasonableness' in connection with Article 19 of the Indian Constitution.
In short
Article 19(2) to (6) allows only law to impose reasonable restrictions on the six freedoms for grounds like security, public order and morality, and courts test reasonableness through proportionality, proximate nexus and procedural fairness. In Shreya Singhal (2015), the Supreme Court struck down vague Section 66A.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 261 words
Constitutional Grounds for Restrictions
Articles 19(2) to (6) authorize restrictions on freedoms such as speech and assembly for sovereignty, security, public order, morality, and foreign relations; for instance, restrictions on speech prevent defamation or incitement.
Legislative Authority and Limits
Restrictions must be imposed by law and be reasonable, not arbitrary or excessive, as held in Chintaman Rao v. State of Madhya Pradesh (1950), ensuring a balance between individual rights and social control.
Proportionality and Nexus Test
The Supreme Court in Shreya Singhal emphasized that restrictions must have a proximate nexus to the public interest, rejecting vague or broad laws like Section 66A of the IT Act.
Substantive and Procedural Reasonableness
Courts review both substance and procedure, as in Dr. N.B. Khare v. State of Delhi (1950), ensuring fairness in the duration and implementation of restrictions.
Judicial Review as Safeguard
The judiciary acts as a guardian of fundamental rights1 by scrutinizing restrictions to prevent arbitrary state action.
Integration with Article 21
The right to privacy under Article 21, recognized in the Puttaswamy judgment, also permits reasonable restrictions, complementing Article 19 protections.
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