Question Details

The Constitution of India guarantees to all its citizens certain fundamental freedoms, which are recognized as their fundamental rights. However, these fundamental freedoms guaranteed by the Constitution of India are not absolute as no right can be. Each of these fundamental rights is liable to be controlled, curtailed and regulated to some extent by laws made by the Parliament or the State Legislatures. Accordingly, the Constitution of India lays down the grounds and the purposes for which a legislature can impose ‘reasonable restrictions’ on the rights guaranteed to citizens. The State cannot travel beyond the contours of these reasonable restrictions in curbing the fundamental rights guaranteed to citizens. While determining the constitutional validity of a restriction imposed on a fundamental right by a legislation, the Court is not concerned with the necessity of the restriction or the wisdom of the policy underlying it, but only whether the restriction is in excess of the requirement, and whether the legislature has overstepped the Constitutional limitations. Two of the fundamental rights guaranteed to every citizen of India are- the right to move freely throughout the territory of India and the right to reside and settle in any part of India. However, the State may impose reasonable restrictions on these rights by law, in the interests of the general public or for the protection of the interests of any Scheduled Tribes.



A group of indian students of XYZ university located in New delhi, india posted on social networking sites that they would hold a demonstration outside the university campus, protesting against a recently passed law which made it compulsory for university students to wear uniforms while attending classes. the students further threatened to “use whatever means necessary” to “stop the oppression of students”. therefore, the State Authorities placed barricades around the university campus in order to restrict movement of the students carrying out the demonstration and ensuring that the demonstration does not turn violent. in the given situation, which of the following statements is correct regarding the act of placing of barricades by State Authorities?

Options

A

the act is violative of the Constitution of india because it is a restriction on the freedom to move freely throughout the territory of india.

B

the act is not violative of the Constitution of india because it is a reasonable restriction in the interests of general public.

C

the act is violative of the Constitution of india because it is restriction in the interest of students.

D

the act is not violative of the Constitution of india because it is a reasonable restriction in the interest of morality.

Show Answer

Correct Answer :

Option B

the act is not violative of the Constitution of india because it is a reasonable restriction in the interests of general public.

Solution :

Correct Answer: the act is not violative of the Constitution of india because it is a reasonable restriction in the interests of general public.


Step-by-Step Explanation:


1. Understanding the Fundamental Right & Limitations:
Under Article 19(1)(d) of the Constitution of India, all citizens have the fundamental right to move freely throughout the territory of India. However, as stated in the passage, fundamental rights are not absolute. Under Article 19(5), the State can impose reasonable restrictions on the right to freedom of movement in the interests of the general public or for the protection of the interests of any Scheduled Tribes.


2. Analyzing the Scenario:
The students threatened to "use whatever means necessary" to "stop the oppression of students." This raised a genuine apprehension of potential violence and disruption of public order. To maintain law and order and prevent the demonstration from escalating into violence, the State Authorities placed barricades around the university campus.


3. Evaluating the State's Action:
Preventing potential violence and maintaining public order directly serves the wider interests of the general public. The restriction (placing barricades) is proportional and aimed strictly at ensuring safety and public order rather than excessively curbing peaceful expression.


Conclusion:
Therefore, the act of placing barricades by the State Authorities does not violate the Constitution of India because it constitutes a reasonable restriction imposed in the interests of the general public.

Unlock Our Free Library

Access expert-curated educational resources and study materials—completely free.

Discover more resources

You may also like

Mock Tests

View All
  • CLAT
  • intermediate
  • 2 hours
  • current affairs, general knowledge, legal reasoning, logical reasoning, quant

  • CLAT
  • intermediate
  • 2 hours
  • current affairs, english, general knowledge, legal reasoning, logical reasoning, quant

Ask AI Tutor
5 left
Q1 View Question & Options
AI Tutor is solving this question...
Reading question context & options...