Aditya SrivastavaAIR 1 · CSE 2023 · 190 wordsTheir whole copy
Opening
Laws are the collective conscience of the society which try to provide direction to the society.
Body · points
They are not there to abolish or restrain freedom
Uphold liberty by preventing arbitrary executive action. → Eg Article 13 - Judicial review.
Have due process and follow checks and balances → Eg Basic structure - Kesavananda Bharati case.
They help to preserve and enlarge freedom
Provide due process to uphold rights. Eg RTI Act upholding freedom to know and question
Provide protection in case you want freedom for upholding greater good. → Eg Whistleblower Protection Act.
Enlarge freedom to work without fear or favour -> gender equity. → Eg Sexual Harassment at Workplace Act
However, they also try to impose reasonable restrictions as subsuming individuality is needed for larger welfare.
→ restrict movement freedom. → Eg restriction on Article 19(1)(d) for tribal welfare
→ restrict free speech for social harmony. Eg Section 295A of IPC [blasphemy]
→ restrict freedom to assemble for law & order maintenance. → Eg Section 144 of CrPC
Close · a summary
Therefore laws are meant to uphold larger public interest and wider liberty of all.