Daily Passage Test for CLAT - Aug 21 MCQs & solutions Free

The courts have established that any restriction on the right to life and personal liberty must comply with the principles of legality (it must be provided by law), necessity (it must be essential for a legitimate purpose), and proportionality (it must not exceed what is required). These safeguards prevent arbitrary or excessive interference with fundamental rights.

Restrictions on freedom of assembly under Article 19 must be reasonable, necessary, and proportionate. An indefinite ban is likely excessive and would fail the proportionality test. Courts can strike down such laws to maintain the balance between public order and fundamental freedoms.

Article 21-A legally obligates the State to provide free and compulsory education to children between 6 and 14 years. This provision ensures access to education as a fundamental right and empowers the courts to enforce this obligation if the State fails to act.

Expanding restrictions under Article 19 would require courts to assess whether the restrictions are reasonable and proportionate. Judicial review becomes essential to prevent arbitrary use of power, ensuring that citizens’ freedoms are not unduly curtailed even under broad justifications like “national sentiment.”

Even during emergencies, restrictions on fundamental rights must comply with legality, necessity, and proportionality. Courts would evaluate whether the law is narrowly tailored to address the emergency without unnecessarily infringing on freedom of movement, assembly, or livelihood. This requires applying constitutional principles to the specific factual situation rather than automatic validation of State action.