UPSC Exam > UPSC Questions > What is the principle that courts should adop...
Start Learning for Free
What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?
- a)Reasonable classification
- b)Reasonable restriction
- c)Public purpose
- d)Harmonious construction
Correct answer is option 'D'. Can you explain this answer?
| FREE This question is part of | Download PDF Attempt this Test |
Most Upvoted Answer
What is the principle that courts should adopt when a law is challenge...
The principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31 is "harmonious construction."
Explanation:
"Harmonious construction" refers to the interpretation of laws in a way that reconciles conflicting provisions and ensures the preservation of fundamental rights. It is a guiding principle for courts to strike a balance between the exercise of governmental power and the protection of individual rights.
Fundamental rights are enshrined in the Constitution of India, particularly in Articles 14, 19, and 31. Article 14 guarantees the right to equality and prohibits discrimination. Article 19 guarantees certain freedoms, such as the freedom of speech and expression, assembly, association, etc. Article 31 guarantees the right to property.
When a law is challenged as an invasion of these fundamental rights, the court's role is to interpret the law in a manner that upholds the spirit of the Constitution and ensures the protection of these rights. The principle of harmonious construction requires the court to reconcile conflicting provisions and interpret the law in a way that minimizes any infringement on fundamental rights.
In applying the principle of harmonious construction, the court may consider various factors such as the purpose of the law, the intent of the legislature, the overall scheme of the Constitution, and the need to balance individual rights with the legitimate interests of the state. The court may also review the reasonableness of the restriction imposed by the law and whether it is necessary to achieve a legitimate aim.
By adopting the principle of harmonious construction, courts aim to strike a balance between individual rights and the exercise of governmental power. This ensures that laws are interpreted and applied in a manner that respects and protects fundamental rights, while also recognizing the legitimate needs and interests of the state.
Explanation:
"Harmonious construction" refers to the interpretation of laws in a way that reconciles conflicting provisions and ensures the preservation of fundamental rights. It is a guiding principle for courts to strike a balance between the exercise of governmental power and the protection of individual rights.
Fundamental rights are enshrined in the Constitution of India, particularly in Articles 14, 19, and 31. Article 14 guarantees the right to equality and prohibits discrimination. Article 19 guarantees certain freedoms, such as the freedom of speech and expression, assembly, association, etc. Article 31 guarantees the right to property.
When a law is challenged as an invasion of these fundamental rights, the court's role is to interpret the law in a manner that upholds the spirit of the Constitution and ensures the protection of these rights. The principle of harmonious construction requires the court to reconcile conflicting provisions and interpret the law in a way that minimizes any infringement on fundamental rights.
In applying the principle of harmonious construction, the court may consider various factors such as the purpose of the law, the intent of the legislature, the overall scheme of the Constitution, and the need to balance individual rights with the legitimate interests of the state. The court may also review the reasonableness of the restriction imposed by the law and whether it is necessary to achieve a legitimate aim.
By adopting the principle of harmonious construction, courts aim to strike a balance between individual rights and the exercise of governmental power. This ensures that laws are interpreted and applied in a manner that respects and protects fundamental rights, while also recognizing the legitimate needs and interests of the state.
Free Test
FREE
| Start Free Test |
Community Answer
What is the principle that courts should adopt when a law is challenge...
The principle of harmonious construction suggests that courts should not entirely ignore the Directive Principles and should instead try to give effect to both fundamental rights and directives as much as possible.
Attention UPSC Students!
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.
|
Explore Courses for UPSC exam
|
|
Similar UPSC Doubts
Top Courses for UPSCView all
What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer?
Question Description
What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer?.
What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer?.
Solutions for What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for UPSC.
Download more important topics, notes, lectures and mock test series for UPSC Exam by signing up for free.
Here you can find the meaning of What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice What is the principle that courts should adopt when a law is challenged as constituting an invasion of the fundamental rights specified in Articles 14, 19, or 31?a)Reasonable classificationb)Reasonable restrictionc)Public purposed)Harmonious constructionCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice UPSC tests.
|
|
Explore Courses for UPSC exam
|
|
Suggested Free Tests
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
|
© EduRev
|
Education Revolution
|
|
Signup to see your scores
go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup