Question 19 of 100
AIBE III 2012
Set Common
A State passes a legislation making it mandatory for all persons riding two-wheelers within the State to wear helmets. This rule extends not only to the driver, but also to any passenger on a two-wheeler. A two- wheeler rider, A, challenges the legislation on the ground that it violates A's fundamental right under Article 19(1)(d) of the Constitution of India to move freely throughout the territory of India. Will the challenge succeed?
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A
Since the rule that makes helmets for two-wheeler riders does not exist in other States, it is arbitrary and unreasonable. As such, it violates the fundamental right under Article 19(1)(d) and must be struck down.
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B
The safety of persons riding two- wheelers cannot be said to be in the interest of the 'general public'. Moreover, wearing a helmet affects the safety only of those riding the two-wheeler, and nobody else, including the other persons on the road. Hence, the rule that makes helmets compulsory will be struck down.
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C
The rule that makes helmets compulsory is a reasonable restriction on the right under Article 19 (1) (d), and moreover, is in the interests of the general public. Therefore, the challenge will not succeed.
Official answer
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D
The rule that makes helmets compulsory, if struck down, would affect the right to carry on any occupation-trade, or business of the helmet manufacturers, and therefore, cannot be struck down.
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E
The rule that makes helmets compulsory is a reasonable restriction on the right under Article 19(1)(d), but it must be imposed by the Central Government for it to be valid. Hence, the rule will be struck down.