Question

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

• A. Subjective
• B. Objective
• C. Descriptive
• D. Summative

Hint:

In constitutional law, the 'test of reasonableness' is always an objective standard. The court acts as an impartial adjudicator to see if the government's restriction on a right is fair and proportionate, not based on anyone's subjective feelings.

Answer 1

The Correct Option is B

The question seems to be a misquoted statement from a judgment. The principle it refers to is that the 'test of reasonableness', which is a crucial standard for judging the validity of restrictions on Fundamental Rights (e.g., under Article 19), is an objective test. This means the court must determine whether the restriction is reasonable from the perspective of a rational and fair standard, considering factors like the nature of the right, the purpose of the restriction, and the extent of the infringement. It is not a 'subjective' test, which would depend on the personal opinion of the judge or the government. The constitution and judicial precedents provide the objective framework for this test.