Public Order Cannot Be Invoked Mechanically

“Public order” is a legitimate constitutional ground for restricting rights. But it is not a talismanic phrase capable of justifying every state action.

Recent judicial interventions emphasise that restrictions imposed in the name of public order must be proportionate, evidence-based, and narrowly tailored. Mere apprehension or administrative caution cannot substitute constitutional reasoning.

Fundamental rights under Articles 19 and 21 cannot be suspended through broad assertions. The State must demonstrate a clear nexus between the restriction and the threat sought to be addressed.

Blanket prohibitory orders, sweeping restrictions, or excessive preventive measures risk crossing the line from regulation to suppression.

The Supreme Court has consistently maintained that constitutional governance demands balance — not convenience. Public order cannot override rights unless necessity is demonstrable and proportionality is satisfied.

Power exercised without discipline weakens democracy. Public order must protect society, not silence it.