Community › Forums › Legal Advice India › Does the supreme court Individually assess legislation to determine if a restriction on article 19 is “reasonable” ?
- This topic has 6 replies, 2 voices, and was last updated 1 year, 3 months ago by
Rapidvyom507.
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RRapidvyom507
PARTICIPANT
March 15, 2025 at 10:56 amDoes can SC and HC strike down *applications* of various laws too instead ofthe whole law.I.e only voiding a law to the extent that the extension of the particular restriction to the particular case was unreasonable
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HHappyshark11
PARTICIPANT
March 15, 2025 at 2:09 pmThere are various things to be considered and principles of law which are involved while determining the constitutional validity of a statute.If a provision can be saved from constitutional infirmity by striking down only a part of it, then the court will do that. It is open to the court, depending on the circumstances, to either strike down only a part of the provision or the full provision or at times the full act.
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RRapidvyom507
OP
March 15, 2025 at 2:16 pmIs the necessity test different from the reasonabilty test ? Or are they both the same thing-
HHappyshark11
PARTICIPANT
March 15, 2025 at 2:41 pmThe test for checking if any legislation or executive action is reasonable is called the proportionality test.-
RRapidvyom507
OP
March 15, 2025 at 2:54 pmSome of the goals in article 19 seems very broad. For example if the public morals demand all dissenting speech to be censored , would that be permissible ? I feel like some goals like morals and decency have extremely easy proportionality tests-
HHappyshark11
PARTICIPANT
March 15, 2025 at 3:11 pmThere are sufficient judgments on what restrictions can be placed on freedoms guaranteed under Article 19.If you are interested in you can refer to the following recent Constitution Bench judgments on this issue :
1. Kaushal Kishor V. State of UP
2. Shreya Singhal V. Union of India
3. Madhyam Broadcasting Limited V. Union of India
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RRapidvyom507
OP
March 16, 2025 at 2:53 amSo after reading it appears what what is struck down usually is restrictions by the law rather than the law itself as a whole.
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