What is Reasonable Restrictions?
Historical Background
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 developmentsDebate 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.
