Question

what is mean by 'reasonable restrictions and control'?​

Answer 1

Answer:

The debate has always been on as to what exactly is the definition of 'reasonable. restriction'. The phrase 'reasonable restriction connotes that the limitation imposed upon a. person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interest of the public.

Explanation:

Privacy was upheld as a fundamental right by a nine-judge Constitution Bench of the Supreme Court of India on Thursday, thus making it clear that anyone can challenge the actions of the state or other entities against this right. The bench unanimously found that privacy was a right emanating from Article 21 of the Constitution, which guarantees a right to life and personal liberty. But like every fundamental right, the government also has the power to impose “reasonable restrictions”.

The various opinions by the Constitution Bench delve into this question, drawing out what could eventually be used by the government as reasonable restrictions on the fundamental right of privacy. These portions of the opinions are the most crucial parts of the judgment in a sense, because they cover how privacy will actually be enforced as a right at least so far as the government is concerned.

If the test of “reasonableness” is too broad, then it would matter little that privacy is a fundamental right, since the government would have a free hand in going around it. If it is sufficiently narrow, one might even be able to make conclusions about what today’s judgment might mean for Aadhaar, among other government schemes that will now have to be tested against the fundamental right.

As such, the opinions in Thursday’s don’t codify the definition of privacy, nor do they offer a detailed test against which restrictions may be judged. Most opinions concur that those issues will have to be dealt with on a case-to-case basis. Nevertheless, the judgment does go into the question of reasonable restrictions.