and forming their own conception of what is
reasonable, in all the circumstances of a given
case, it is inevitable that the social philosophy and
the scale of values of the judges participating in the
decision should play an important part, and the limit
to their interference with legislative judgment in
such cases can only be dictated by their sense of
responsibility and self- restraint and the sobering
reflection that the Constitution is meant not only for
people of their way of thinking but for all, and that
the majority of the elected representatives of the
people have, in authorising the imposition of the
restrictions, considered them to be reasonable.” (at
page 606-607)
25.
Similarly, in Mohd. Faruk v. State of Madhya Pradesh &
Ors., [1970] 1 S.C.R. 156, this Court said:
“The Court must in considering the validity of the
impugned law imposing a prohibition on the carrying
on of a business or profession, attempt an
evaluation of its direct and immediate impact upon
the fundamental rights of the citizens affected
thereby and the larger public interest sought to be
ensured in the light of the object sought to be
achieved, the necessity to restrict the citizen's
freedom, the inherent pernicious nature of the act
prohibited or its capacity or tendency to be harmful
to the general public, the possibility of achieving the
object by imposing a less drastic restraint, and in
the absence of exceptional situations such as the
prevalence of a state of emergency-national or
local-or the necessity to maintain essential supplies,
or the necessity to stop activities inherently
dangerous, the existence of a machinery to satisfy
the administrative authority that no case for
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