Constitutional Analysis of Corona Lockdown By: Rishab Bhandari

The Author, Rishab Bhandari is a law student of Chandigarh University, Mohali. He is LatestLaws Campus Ambassador and Guest Legal Correspondent.

I. LOCKDOWN FOR PUBLIC INTEREST.

Public Interest is what, actually a law is for, whether it’s a fundamental right or power of the state or Centre, every work of State and the Union is carried out by keeping the factor of Public Interest in noticed. The Public Interest is “the general welfare of the public that warrants recognition and protection”[i] or it can be stated as public interest is “that which is best for society as a whole”[ii] and same occupies a subjective determination by judicial authority deciding what is good for the general public. Whenever a legislative body adopts a law it includes “in the public interest”, it isn’t only a legislative but executive and judicial authority should also take into its account, in their decision on a particular case and to decide the meaning of the public interest in their judgments.

COVID-19, the infectious disease, endangering the human life and death ratio rising shows that a distance needs to be maintained and at same point of time lockdown was placed under the great leadership of our Honourable Prime Minister Narendra Damodardas Modi when confirmed positive corona cases came into notice, and a word public interest varies from case to case and time to time, so for protecting the rights and lives of the people lockdown was placed for the Public Interest, restricting every governmental and private services but with an exception of essential items, commodities and, services.

2. VIOLATION OF THE RIGHT TO MOVE FREELY THROUGHOUT THE TERRITORY OF INDIA?

Article 19 is a fundamental right that has been enshrined under Part III of the Constitution of India,1950. Article 19(1) provides the right to citizens of India, under Article 19(1)(d):

 “to move freely throughout the territory of India”

 and under Article 19(5), it is stated as:

“Nothing in 1 [sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.”

Article 19 provides reasonable, expression reasonable restriction seeks to strike a balance between the freedom guaranteed by any of the sub-clauses of Clause (1) of, Article 19 and the social control permitted by any of the clauses (2) to (6) [iii]. Reasonableness of restriction cannot be held in a subjective manner, reasonableness of a restriction has to be determined in an objective manner and from the standpoint of the interests of the general public and not from the point of view of the persons upon whom the restrictions are imposed or upon abstract considerations[iv].

Allowing an individual for the essential commodities, items, service shows that the state has restricted the right to move just because of the COVID-19, the infectious disease, it shows that reasonable restriction.

3. RIGHT TO LIFE & PERSONAL LIBERTY?

Right to life and personal liberty have been enshrined under Article 21 of Constitution of India, 1950 which states that:

“No person shall be deprived of his life or personal liberty except according to a procedure established by law.”

Right to life which is itself enshrined with numerous of rights under it, as fundamental rights can only be enjoyed if an individual exists and it includes all those rights which make a man’s life meaningful, worth living and complete in itself. The bare necessities, basic and minimum requirements that is unavoidable and essential for a person is one of the core concepts of right to life. Life for the animal is the bare protection of the body, for a human being, it has to be suitable accommodation which allows him to grow in all aspects whether it’s physical, mental or intellectual[v]. Whereas, Subject to regulation by the law of the Union, trade, commerce and intercourse among the units by and between the citizens shall be free: Provided that any unit may by law impose reasonable restrictions in the interest of public order, morality or health or in any emergency[vi].

Personal Liberty means a personal right not to be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of legal justification[vii].

Right to Health is a part of Article 21 of the Constitution[viii]. Right to health is provided in Article 25 of Universal Declaration of Human Rights  (the UDHR). The Article provides that:

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”

As the realization of human rights vests responsibilities upon the state, it is the duty of the state to protect the life and keep an eye that their right’s won’t get violated but at same time for public interest it can be restricted as righto life can never be restricted so for the protection of their life, it shows that the lockdown is constitutionally valid.

4. ORDERS PASSED AT TIME OF LOCKDOWN SHOWING REASONABLE RESTRICTIONS
    i. SC directs Centre to consider Plea to provide ration even for those without ration cards.

ii. SC issues notice for cost regulations on private hospitals treating COVID-19 patients.

iii. Centre Permits Inter-State movement of Stranded Migrant workers, students, ytourists with conditions.

Lockdown is constitutionally valid and Centre and Judiciary both independently are playing great role at the time of lockdown and protecting Constitution and protecting the interest of the citizens.

References: