Q. In the context of ‘Reasonable restriction’ on fundamental rights under the Constitution of India, which of the following statement is correct?

[A] The constitution does not explicitly provide what all comprises the reasonable restrictions.

[B] The reasonableness of a legislation is determined based only on substantive provisions and not the procedural provisions of it.

[C] The reasonableness of a restriction has to be determined in an objective manner from the point of view of persons upon whom the restrictions are imposed.

[D] The State may make laws in relation to protection of interests of any scheduled tribes with respect to freedom of residence.

Answer: D
Notes:

Exp) Option d is the correct answer

Statement a is incorrect: Article 19(2) imposes reasonable restrictions on the basis of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Statement b is incorrect: In determining the reasonableness of statute, the court should see both to the nature of the restriction and procedure prescribed by the statute for enforcing the restrictions on the individual freedom. Not only substantive but also procedural provisions of a statute also enter into the verdict of its reasonableness.

Statement c is incorrect: The reasonableness of a restriction has to be determined in an objective manner and from the standpoint of the interests of the general public and not from the point of view of persons upon whom the restrictions are imposed or upon abstract considerations.

Statement d is correct: Every citizen has the right to reside and settle in any part of the territory of the country. The State can impose reasonable restrictions on the exercise of freedom of residence on two grounds- (a) the interests of the general public and (b) the protection of interests of any scheduled tribes.

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