AILET 2017 BA LLB Question Paper

Question : 77 of 150

Marks: +1, -0

Legal Principle: Article 19(1) (d) of the Constitution of India guarantees to all citizens the right to move freely throughout the territory of India. But at the same time, Article 19(5) empowers the State to impose reasonable restrictions on thefreedom of movement on the ground of interest of general public.
Factual Situation: Wearing of helmet is made compulsory for all two-wheeler riders by a law enacted by the State. The constitutionality of the law is questioned before the High Courton the ground that it violates Article 19(1 )(d) of the petitioner. Will the petitioner succeed ?
Decision:

Yes, because the restriction is not reasonable and no interest of general public is protected by this law.
No, because the restriction is reasonable as it intends to protect interest of general public by preventing loss of lives of citizen of India
Yes, because freedom of movement is a fundamental right of every citizen of India and the State cannot take it away by way of legislation but has to amend the Constitution to take away the fundamental rights
No, because the freedom of movement will not be violated by the impugned legislation

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