All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

Practice Mode:
40.

The test of reasonablenes is not wholly __________ test and its contours are Fairley indicated by constitution.

A: Subjective
B: Objective
C: Descriptive
D: Summative

The answer is: A

Explanation

The correct option is A: Subjective.

The test of reasonableness is not wholly subjective test and its contours are fairly indicated by the Constitution. This means that the test of reasonableness is not based solely on the personal opinion or preference of the authority imposing the restriction, but also on the objective criteria laid down by the Constitution. The Constitution provides some guidance on what constitutes a reasonable restriction under Article 19, such as the interests of the sovereignty and integrity of India, the security of the State, public order, decency, morality, etc. The test of reasonableness also involves a balancing of the individual right and the social interest, as well as the proportionality and necessity of the restriction. The test of reasonableness is ultimately determined by the courts, which have the power to review the validity of any law or executive action that infringes the fundamental rights under Article 19. The courts have evolved various principles and doctrines to apply the test of reasonableness, such as the doctrine of excessive delegation, the doctrine of proportionality, the doctrine of arbitrariness, etc. The test of reasonableness is therefore a mixed test of subjectivity and objectivity, which aims to protect the