REASONABLENESS OF RESTRICTIONS UNDER ARTICLE-19 OF THE CONSTITUTION OF INDIA: A CRITICAL STUDY

AUTHOR – RUSHIKESH JALINDAR WALKE, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

BEST CITATION – RUSHIKESH JALINDAR WALKE, REASONABLENESS OF RESTRICTIONS UNDER ARTICLE-19 OF THE CONSTITUTION OF INDIA: A CRITICAL STUDY, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 341-347, APIS – 3920-0007 | ISSN – 2583-7230.

Abstract

              In a democracy, freedom is both a right and a responsibility understanding the reasonableness of restrictions can illuminate the delicate balance between individual liberties and societal order. Article 19 of the Constitution of India enshrines fundamental freedoms, allowing citizens to express, assemble, and associate freely. However, these rights are not absolute; the Constitution permits reasonable restrictions to maintain public order, morality, and other crucial interests. The application of these restrictions has evolved over time, reflecting changing social dynamics and legal interpretations. Recent judicial pronouncements highlight the tension between safeguarding freedoms and addressing societal concerns. Restrictions must be justifiable and proportionate, serving a legitimate aim without undermining the essence of the freedoms guaranteed. The Supreme Court has consistently emphasized the need for a nuanced approach in adjudicating these restrictions. Ambiguities in what constitutes “reasonable” often lead to conflicting interpretations, potentially infringing upon rights and stifling dissent. A comprehensive framework assessing reasonableness against established benchmarks can ensure that restrictions are both fair and justified. Strengthening judicial review mechanisms and establishing clearer guidelines for imposing restrictions will enhance accountability and transparency. This study aims to critically analyse the nature and scope of restrictions under Article 19, examining judicial precedents and advocating for a balanced approach that protects individual rights while addressing societal needs.

Key Words: Article 19, Freedom of Speech, Reasonable Restrictions, Constitutional Law