object to be achieved, i.e., the public order. If the
restriction has no proximate relationship to the
achievement of public order, it cannot be said that
the restriction is a reasonable restriction within the
meaning of the said clause.” (at page 835)
“The decision, in our view, lays down the correct
test. The limitation imposed in the interests of public
order to be a reasonable restriction, should be one
which has a proximate connection or nexus with
public order, but not one far-fetched, hypothetical or
problematical or too remote in the chain of its
relation with the public order.………There is no
proximate or even foreseeable connection between
such instigation and the public order sought to be
protected under section. We cannot accept the
argument of the learned Advocate General that
instigation of a single individual not to pay tax or
dues is a spark which may in the long run ignite a
revolutionary movement destroying public order” (at
page 836).
Reasonable Restrictions:
23.
This Court has laid down what “reasonable restrictions”
means in several cases. In Chintaman Rao v. The State of
Madhya Pradesh, [1950] S.C.R. 759, this Court said:
“The phrase "reasonable restriction" connotes
that the limitation imposed on a person in enjoyment
of the right should not be arbitrary or of an
excessive nature, beyond what is required in the
interests of the public. The word "reasonable"
implies intelligent care and deliberation, that is, the
choice of a course which reason dictates.
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