DPSP & “reasonableness’ of restrictions under Art. 19”

DPSP & “‘reasonableness’ of restrictions under Art. 19”

Directive principles have also come to be regarded as relevant for considering ‘reasonableness’ of restrictions under Art. 19. A restriction promoting any of the objectives of the directive principles could be regarded as reasonable. Thus, Art. 47 which directs the state to bring about prohibition of consumption of intoxicating drinks except for medical purposes, could be taken into account while considering the reasonableness of a prohibition law under Art. 19. Art. 47 relate the idea of prohibition to public health. Therefore, to enforce prohibition effectively, the law could define the word ‘liquor’ broadly so as to include all alcoholic liquids which might be used as substitutes for intoxicating drinks to the detriment of health. But exemptions of medicinal preparations containing alcohol would not be reasonable under Art. 19(6).

Directive principles being fundamental to the governance of the country, what is directed as state policy cannot be regarded as unreasonable or contrary to public policy. the supreme court has asserted that an importance consideration which must weigh with the courts in determining the reasonableness of a restriction is that it should not contravene the directive principles. The directive principles aim at establishing an egalitarian society so as to bring about a welfare state and these principles should be kept in mind in judging the question as to whether or not the restrictions are reasonable vis-à-vis Art 19. Prohibition of slaughter of cows, bulls and bullocks to enable the public to have a sufficient supply of milk, and to ensure availability of sufficient number of draught cattle for agricultural operations was held reasonable under Art 19(6) in view of the directive principle contained in Arts 47 and 48.

The wealth tax act was held reasonable in view of Art 39(c) to prevent concentration of wealth in a few hands. Acquisition of agricultural land above the ceiling and its distribution among the landless fall under art 39(b) and (c).