Impose restriction against Fundamental Right 19

Question

Impose restriction against Fundamental Right 19

30-Jul-2023 (In Civil Law)

Can state legislature make laws like parliament to impose restrictions against Fundamental Right of Article 19 during proclamation of emergency ??? Reason of asking question is , In art.358 there is term given State not parliament and in state definition state legislatures came and In Art.35 implicitly tells about that State legislatures can make against FR19 .

Answers (1)

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LawRato LawRato · Accepted Answer · 2023-07-30T18:42:15+05:30

Answer #1

reasonable restriction can be put against the Fundamental Right of article 19. Since you are asking about proclamation of emergency it is submitted that emergency is not a state subject but a central subject, the governor of the state can ask the center but cannot enforce it. During that time it is the center which takes command over the state legislature and hence can put reasonable restriction.

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