Article 21: Abolish the "Reasonableness" Test
constitutional du_llb intermediate reform_ideaYe see, Article 21 says life and liberty are fundamental rights, but it restricts the scope by introducing the "reasonableness" test. In theory, it's good - the state can't just do whatever it wants. But in my internship, I saw a case where a person was held without trial for 3 years under the Terrorist and Disruptive Activities (Prevention) Act, 1987. The court said it was "reasonable" because national security was at stake. But what about the individual's right to liberty? It's 2025, and we still rely on a vague test that lets the state abuse power.
Abolish the reasonableness test and introduce a clear, objective standard for balancing individual rights with state interests. This would ensure that the state can't justify arbitrary detention or other human rights violations under the guise of national security.