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Reasonable Restriction - Definition - Law Dictionary Home Dictionary Definition reasonable-restriction

Definition :

Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.

The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that right should not be arbitrary or of an excessive nature beyond what is required in the interest of the public, P.P. Enterprises v. Union of India, AIR 1982 SC 1016: (1982) 2 SCC 33: (1982) 3 SCR 510.

Reasonable restrictions, in England no Constitutional guarantee of fundamental rights exists. In England on the grounds of public order, prevention of corruption of public morals, incitement to crime, etc., A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 1.

In India, the Constitution lays down certain grounds on which reasonable restrictions can be imposed by law on the exercise of the right to freedom such as sovereignty and integrity of India, the security of the State, public order, friendly relations with foreign States, decency, morality etc. [Constitution of India, Art. 19(2), (3), (4), (5) and (6)]

Means that the limitation should not be arbitrary or of an excessive nature, beyond what is required in the interest of the public. The word reasonable implies intelligent care and deliberation, that is, a course which reason dictates, Chintamanrao v. State of Madhya Pradesh, 1950 SCR 759: 1950 SCJ 771: AIR 1951 SC 118: 1951 All LT SC 82: (1951) 64 Mad LW 370; Bishambhar Dayal Chandra Mohan v. State of Uttar Pradesh, 1982 1 SCR 1137; P.P. Enterprises v. Union of India, (1982) 2 SCC 33.

The courts can review the reasonableness of these restrictions; the principles for determining the reasonableness are (i) the restriction should not be in excess of the requirement; (ii) the effect of the law should be considered and not its object; (iii) the restriction must have a reasonable relation to the object of the legislation; (iv) the restrictions must be reasonable from the substantive as well as procedural standpoint etc., A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 30.

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