Why in news
- Supreme Court reviewed public space closures imposed due to protest calls, highlighting the need to compensate commercial losses if state action is disproportionate.
Key terms
Right to Trade
Fundamental right guaranteed under Article 19(1)(g) subject to reasonable restrictions imposed by law.
Proportionality Test
Judicial principle assessing whether state interference with fundamental rights is necessary, legal, and balanced.
Reasonable Restrictions
Constitutional limitations imposed under Article 19 on fundamental rights for public order, security, or general public interest.
Public Order
State of tranquility and safety maintained by government authority to ensure law-abiding public peace.
Constitutional Framework
- Articles 19(1)(a) and 19(1)(b) guarantee freedom of speech and peaceful assembly, subject to reasonable restrictions under Article 19(2) and 19(3).
- Article 19(1)(g) guarantees the fundamental right to practice any profession or carry on any occupation, trade, or business, restricted only under Article 19(6) in the interest of the general public.
Doctrine of Proportionality
- Requires that executive restrictions on fundamental freedoms must pursue a legitimate state aim using the least invasive means available.
- Blanket prohibitions or extended shutdowns of commercial zones to manage law and order must satisfy the test of necessity and balance against economic rights.
Prelims facts
- Freedom of trade under Article 19(1)(g) can only be restricted by law enacted under Article 19(6).
Mains discussion
- Balancing Article 19 assembly rights with Article 19 economic rights through the judicial doctrine of proportionality.
Source: Economic Times
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