Restrictions & Limitations
Reasonable Constraints & Emergency Suspensions
PART I — QUALIFIED NATURE
NATURE
Not Absolute
- Rights are qualified, not absolute
- State can impose reasonable restrictions
- Balances individual liberty vs social control
- Prevents abuse of freedoms
TEST
Proportionality
- Courts decide if a restriction is 'reasonable'
- Must not be excessive or arbitrary
- Must have a direct nexus to the object
- Doctrine of Proportionality applies
ARTICLE 19 LIMITS
Specific Grounds
- Sovereignty & Integrity of India
- Security of the State
- Friendly relations with foreign states
- Public order, decency, or morality
PART II — EMERGENCY SUSPENSIONS
ARTICLE 358
Automatic Suspension
- Article 19 rights automatically suspend
- Only during War or External Aggression
- NOT during Armed Rebellion (44th Amendment)
- State can make laws violating Art 19 during this period
ARTICLE 359
Presidential Decree
- Suspends the *enforcement* of specified rights
- Rights themselves remain alive, court access is blocked
- Requires a specific Presidential Order
- Only applies to rights listed in the order
44TH AMENDMENT
The Survivors (20 & 21)
20
21
- President cannot suspend Articles 20 and 21
- Protection in respect of conviction survives
- Right to life and personal liberty survives
- Ultimate safeguard introduced after 1975 Emergency
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