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Who decides the reasonableness of the restrictions placed on Fundamental Rights in India?
Question

Who decides the reasonableness of the restrictions placed on Fundamental Rights in India?

A.

Parliament

B.

Courts

C.

President

D.

Prime Minister

Correct option is B

The correct answer is:(b) Courts

Solution:

  • The reasonableness of restrictions on Fundamental Rights is determined by the courts through judicial review.

  • Courts examine whether the restrictions imposed by Parliament or the government are justified, proportionate, and constitutional.

  • This judicial oversight protects citizens from arbitrary or excessive curtailment of their Fundamental Rights.

Information Booster:

  • Fundamental Rights are guaranteed under Part III of the Constitution of India.

  • Articles 19(2) to 19(6) provide for reasonable restrictions on freedoms such as speech, assembly, and movement.

  • The Supreme Court has the power of judicial review to invalidate unconstitutional laws.

  • The basic structure doctrine ensures Fundamental Rights cannot be abrogated arbitrarily.

  • Courts apply tests like legality, necessity, and proportionality to assess restrictions.

  • Parliament legislates restrictions, but courts ensure they conform to constitutional standards.

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