ASKiIMAN™ ARCHIVE / INDIAN POLITY
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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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