SHORT ANSWER:
The Indian judiciary considers the nature of the right, the purpose of the restriction, the extent of the restriction, and the balance between the restriction and the right.
DETAILS:
- The law must serve a legitimate aim such as public order, morality, or health.
- The restriction should be proportionate to the need for the restriction.
- The law should not be arbitrary or excessive in its application.
- The judiciary assesses if there are less restrictive means available to achieve the same purpose.
PUNISHMENT / IMPLICATIONS (if applicable):
- If a law is found unjustifiable, it may be struck down as unconstitutional.
SOURCE:
- Constitution of India, Articles 19, 21, and 22
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