reasonable restrictions

The six freedoms in Article 19(1) are not absolute. Clauses (2) to (6) allow the State to impose “reasonable restrictions” by law, but only on the grounds stated for each freedom. For speech, Article 19(2) lists sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence. A restriction on a ground not listed is invalid.

Reasonableness is judged objectively by the court: the restriction must have a proximate link with the ground, must not be excessive or arbitrary, and must be proportionate. Both substance and procedure are examined. In Shreya Singhal, s.66A of the IT Act was struck down because its vague terms reached speech beyond any Article 19(2) ground.

Example

A ban on criticising a minister is not saved by Article 19(2), because “protecting a minister's image” is not a ground for reasonable restrictions.

In Indian law

• Article 19(2)–(6), Constitution of India
• Shreya Singhal v. Union of India, 2015 INSC 257: s.66A IT Act struck down

See also

freedom of speech and expression · proportionality · fundamental rights

Read more in the study notes

• Administrative discretion and its judicial review (Administrative Law)
• Control over banking companies: management, accounts, lending, reconstruction and winding up (Banking Law)
• RBI: monetary regulation, credit control, currency issue, exchange control and bank rate (Banking Law)
• Security for keeping the peace and good behaviour; maintenance of wives, children and parents (Bharatiya Nagarik Suraksha Sanhita)
• Offences against the State (Bharatiya Nyaya Sanhita)
• Defamation, criminal intimidation and insult (Bharatiya Nyaya Sanhita)