Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. “Constitutional rights must be interpreted in a manner that preserves both individual liberty and the State’s capacity to protect public welfare.” Analyse the constitutional principles governing this balance. What safeguards are needed to prevent arbitrary restrictions? (15 M)
Difficulty Level: Medium
Reference: IE
Why the question
The increasing regulation of emerging digital sectors and recent judicial pronouncements have renewed focus on balancing Fundamental Rights with the State’s responsibility to protect public welfare within the constitutional framework.
Key Demand of the question
The question requires explaining the significance of balancing individual liberty with public welfare in constitutional interpretation, analysing the constitutional principles that govern this balance, and suggesting safeguards to prevent arbitrary restrictions on Fundamental Rights.
Structure of the Answer:
Introduction
Mention the constitutional philosophy of balancing liberty, justice and public welfare under the Constitution.
Body
- Need to preserve individual liberty and public welfare: Explain why constitutional interpretation must balance rights with legitimate State interests.
- Constitutional principles governing the balance: Mention the key constitutional doctrines and principles that maintain this equilibrium.
- Safeguards against arbitrary restrictions: Outline the institutional, legal and procedural safeguards required to prevent misuse of regulatory powers.
Conclusion
Conclude by emphasising that constitutional governance depends on harmonising liberty with accountable and proportionate State action.
