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WBCS Preliminary Examination 2023 — General Studies · Question 68 of 200

Q68
Indian PolityPreamble, Fundamental Rights, DPSP & Duties
Who among the following has been given the power by the Indian Constitution to 'impose reasonable restrictions' on the fundamental rights?
  1. a.President
  2. b.Parliament
  3. c.Supreme Court
  4. d.Both (B) and (C)

Answer: (B) Parliament

Clauses (2) to (6) of Article 19 allow "the State" to impose reasonable restrictions "by law", so the power belongs to the legislature, i.e. Parliament (and State legislatures within their own fields). The Supreme Court does not impose restrictions; it decides, through judicial review under Articles 13 and 32, whether a restriction is reasonable. The President can suspend the enforcement of Fundamental Rights during a national emergency (Article 359), which is a different power. Parliament alone can also modify the rights of members of the armed forces (Article 33). The grounds in Article 19(2) include sovereignty and integrity of India, security of the State, public order, decency or morality, contempt of court and defamation.