2 minSocial Issue
Social Issue

Reasonable Restrictions

What is Reasonable Restrictions?

Limitations imposed on the exercise of fundamental rights, as permitted by the Constitution, to balance individual freedoms with societal interests and public order.

Historical Background

Recognized as a necessary aspect of balancing individual liberties with the needs of society. The concept has evolved through judicial interpretations and constitutional amendments.

Key Points

10 points
  • 1.

    Article 19(2) to 19(6) of the Constitution specify the grounds on which reasonable restrictions can be imposed on the freedoms guaranteed under Article 19(1).

  • 2.

    These grounds include: 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.

  • 3.

    Restrictions must be 'reasonable', meaning they must be proportionate to the objective sought to be achieved.

  • 4.

    The restrictions must not be arbitrary or excessive.

  • 5.

    The restrictions must have a rational nexus with the grounds specified in the Constitution.

  • 6.

    The burden of proving the reasonableness of a restriction lies on the State.

  • 7.

    The judiciary has the power to review the reasonableness of restrictions.

  • 8.

    The concept of reasonable restrictions applies to all fundamental rights, although the specific grounds may vary.

  • 9.

    The restrictions should not be so broad as to effectively nullify the fundamental right.

  • 10.

    The restrictions should be narrowly tailored to achieve the intended purpose.

Visual Insights

Reasonable Restrictions on Freedom of Speech (Article 19(2))

Mind map illustrating the grounds for reasonable restrictions on freedom of speech and expression under Article 19(2) of the Indian Constitution.

Article 19(2): Reasonable Restrictions

  • Sovereignty and Integrity of India
  • Security of the State
  • Public Order
  • Decency or Morality
  • Contempt of Court
  • Defamation

Recent Developments

5 developments

Debate on the reasonableness of restrictions imposed on freedom of speech and expression in the digital age.

Challenges to laws restricting online content on the grounds of being vague or disproportionate.

Concerns about the misuse of laws to stifle dissent and criticism of the government.

Efforts to balance the need to combat fake news and misinformation with the protection of freedom of expression.

Judicial scrutiny of government actions that may infringe on fundamental rights.

This Concept in News

1 topics

Source Topic

Protecting Freedom of Speech for MPs: Constitutional Rights vs. Rules

Polity & Governance

UPSC Relevance

An important concept for UPSC GS Paper 2 (Polity and Governance). Frequently asked in both Prelims and Mains exams. Understanding the concept of reasonable restrictions is essential for analyzing the limits of fundamental rights and the role of the State in regulating individual freedoms.

Reasonable Restrictions on Freedom of Speech (Article 19(2))

Mind map illustrating the grounds for reasonable restrictions on freedom of speech and expression under Article 19(2) of the Indian Constitution.

Article 19(2): Reasonable Restrictions

Threats to territorial integrity

Endangering national security

Disrupting peace and tranquility

Obscenity and vulgarity

Undermining the judiciary

Harm to reputation

Connections
Sovereignty And Integrity Of IndiaSecurity Of The State
Public OrderDecency Or Morality