Law

How to determine reasonableness of restrictions?

The hon’ble Supreme Court in many cases stated the guidelines for determining the reasonableness of restrictions

 

Chintamani Rao v. State of M.P (AIR 1951 SC 118),

In this case, the Court held that the Court will finally judge whether a restriction is reasonable or not and not the legislature.

 

In the aforementioned case, the court further held that the limitation imposed should not be arbitrarily of an excessive nature beyond what is required in the interest of the public.

 

State of Madras v. V. G Row (AIR 1952 SC 196)

In this case, the Court held that each case is to be judged on its own merit and there is no exact standard to determine the reasonableness.

 

N. B Khare v. State of Punjab (AIR 1960 SC 211)

In this case, the Court held that “the restriction must be reasonable from the substantive as well as procedural standpoint.”

 

State of Gujarat v. Mirzapur Moti Kureshi Kasab Jamat (AIR 2006 SC 212)

In this case, the Court held that if restriction is imposed for securing the objects laid down in Directive Principles of State Policy then it may be considered as reasonable restriction.

Back to top button