Does ‘Reasonable Restriction’ mean Complete Prohibition?

Last updated on Aug 23, 2022

If a state action completely prohibits an Article 19 right, the court should test the constitutional validity of that action based on the facts and circumstances of the case. In some cases, a total prohibition may be a reasonable restriction, while in others it may not.1 For instance, a complete ban on carrying out dangerous trades or businesses, such as cultivation of drugs, or the sale of liquor may be considered a reasonable restriction. At the same time, a total prohibition on the sale or purchase of meat during a particular religious festival may not be considered reasonable.

  1. Narendra Kumar v. Union of India, AIR 1960 SC 430[]

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