Does the supreme court Individually assess legislation to determine if a restriction on article 19 is “reasonable” ?

Community Forums Legal Advice India Does the supreme court Individually assess legislation to determine if a restriction on article 19 is “reasonable” ?

Viewing 1 reply thread
  • Author
    Posts
    • #34884 Reply
      Rapidvyom507
      Participant
        R
        Rapidvyom507
        PARTICIPANT
        March 15, 2025 at 10:56 am
        Does 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

      • #34885 Reply
        Happyshark11
        Participant
          H
          Happyshark11
          PARTICIPANT
          March 15, 2025 at 2:09 pm
          There 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.

          • #34886 Reply
            Rapidvyom507
            Participant
              R
              Rapidvyom507
              OP
              March 15, 2025 at 2:16 pm
              Is the necessity test different from the reasonabilty test ? Or are they both the same thing

              • #34887 Reply
                Happyshark11
                Participant
                  H
                  Happyshark11
                  PARTICIPANT
                  March 15, 2025 at 2:41 pm
                  The test for checking if any legislation or executive action is reasonable is called the proportionality test.

                  • #34888 Reply
                    Rapidvyom507
                    Participant
                      R
                      Rapidvyom507
                      OP
                      March 15, 2025 at 2:54 pm
                      Some 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

                      • #34889 Reply
                        Happyshark11
                        Participant
                          H
                          Happyshark11
                          PARTICIPANT
                          March 15, 2025 at 3:11 pm
                          There 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

                          • #34890 Reply
                            Rapidvyom507
                            Participant
                              R
                              Rapidvyom507
                              OP
                              March 16, 2025 at 2:53 am
                              So after reading it appears what what is struck down usually is restrictions by the law rather than the law itself as a whole.

                Viewing 1 reply thread
                Reply To: Reply #34888 in Does the supreme court Individually assess legislation to determine if a restriction on article 19 is “reasonable” ?
                Your information:




                Cancel