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 law was enacted by the Parliament of India which consisted of a provision making it mandatory for every person riding a two-wheeler in India, to wear a helmet, failing which such person was made liable to a fine. Mr. X, a citizen of India, was fined for violation of the said provision. Mr. X challenged the constitutional validity of the said provision. In the given situation, which of the following statements is correct?
Correct Answer :
the provision is not violative of the Constitution of india because it is a reasonable restriction on the freedom to move freely throughout the territory of india.
Solution :
Correct Answer: The correct statement is: "the provision is not violative of the Constitution of india because it is a reasonable restriction on the freedom to move freely throughout the territory of india."
Step-by-Step Explanation:
1. Understanding Fundamental Rights and Reasonable Restrictions:
According to the Constitution of India, fundamental rights guaranteed to citizens (such as the right to move freely throughout the territory of India under Article 19) are not absolute. The State has the power to enact laws that impose "reasonable restrictions" on these rights in the interest of public health, safety, general public interest, or for the protection of specific groups.
2. Analyzing the Law in Question:
The law enacted by the Parliament requires every person riding a two-wheeler to wear a helmet, subject to a fine upon failure to comply. This requirement is designed to ensure road safety and protect the lives of citizens.
3. Application of Constitutional Principles:
While mandatory helmet usage regulates how a person moves on public roads using a two-wheeler, it does not arbitrarily deprive anyone of their freedom of movement. Instead, it serves a legitimate public interest (ensuring public safety and reducing fatalities/injuries). Therefore, it falls within the scope of a reasonable restriction in the interest of the general public.
Conclusion:
The provision is constitutionally valid because it constitutes a reasonable restriction on the right to move freely throughout India. Consequently, Mr. X's challenge to its constitutional validity fails, making the second option the correct choice.
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