08-09-2025 Mains Question Answer
"Fundamental Rights are not absolute; they are subject to reasonable restrictions." Discuss the scope of such restrictions, with reference to various categories of Fundamental Rights.
The doctrine of reasonable restrictions on Fundamental Rights reflects the delicate balance between individual liberties and social interests, as highlighted in recent Supreme Court judgments like Moody v. NetChoice, LLC (2024) which addressed the scope of expressive rights and content moderation.
Nature and Scope of Restrictions
- Constitutional Framework: Article 19(2) explicitly provides grounds for imposing restrictions on fundamental rights in the interests of sovereignty, integrity, security, and public order.
- Judicial Test: The Supreme Court applies the doctrine of proportionality to determine the reasonableness of restrictions, ensuring they are not arbitrary or excessive.
- Legislative Authority: Only parliament and state legislatures can impose restrictions through properly enacted laws, not through executive orders.
Categories of Fundamental Rights and Their Restrictions
| Fundamental Rights | Restrictions |
| Right to Equality (Articles 14-18) Guarantees equality before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth. | – Positive discrimination (affirmative action) allowed, e.g., reservations for SCs, STs, and OBCs in educational institutions and government jobs. |
| – Article 16 allows for reservations in government jobs as a reasonable restriction to ensure equality of opportunity. | |
| Right to Freedom (Articles 19-22) Ensures freedoms of speech, assembly, association, movement, residence, and profession. Subject to reasonable restrictions. | – Article 19: Restrictions can be imposed for reasons like sovereignty, public order, decency, and morality (e.g., restrictions on hate speech, defamation, and incitement to violence). |
| – Maneka Gandhi case (1978): Expanded interpretation of Right to Freedom beyond the specific freedoms listed in Article 19. | |
| – Preventive detention laws under Article 22 allow for detention without trial but must be reasonable and the person must be informed of the grounds of detention. | |
| Right against Exploitation (Articles 23-24) Prohibits human trafficking, forced labor, and child labor. | – Restrictions can be imposed in the interest of public health, national security, or public morality. |
| – For example, labor laws may allow exceptions, like employment for minors in non-hazardous conditions under specific laws. | |
| Right to Freedom of Religion (Articles 25-28) Guarantees the right to practice, propagate, and profess any religion. | – Article 25(2): Allows state-imposed restrictions on religious practices in the interest of public order, morality, and health. |
| – Shirur Mutt case (1954): Practices not essential to the religion may be restricted. | |
| Cultural and Educational Rights (Articles 29-30) Ensures protection of rights of minorities to conserve their culture and language, and right to establish and administer educational institutions. | – Rights are subject to reasonable restrictions related to national integrity or promotion of national interest. |
| – The State can regulate educational institutions but cannot interfere with the minority’s right to manage them. | |
| Right to Constitutional Remedies (Article 32) Guarantees the right to approach the Supreme Court for the enforcement of Fundamental Rights. | – Can be temporarily suspended during an emergency (Article 359). |
| – Suspension is not absolute; the right to move the court for issues like habeas corpus remains intact. |
While Fundamental Rights are a cornerstone of India’s democratic framework, they are not absolute. The concept of reasonable restrictions is embedded within the Constitution to ensure a balance between individual freedoms and larger societal needs. These restrictions, however, must be based on reasonableness, proportionality, and necessity, as determined by the judiciary. The constant evolution of case law in this domain ensures that restrictions are applied with due regard to constitutional values and human rights, maintaining the integrity of India’s democratic fabric.
Thus, while Fundamental Rights are vital for individual freedom and human dignity, they must coexist with the need for societal harmony, national security, and public morality, principles that are essential for the larger public interest.