Role Of Judiciary For Maintaining The Standards Of Public Order And Morality

Abstract

In the constitution of India the state authorities have been allowed to exercise their right for maintaining public order and morality only in emergent situation and in a reasonable manner. For this Art 19(2) of the constitution guarantees fundamental rights to every citizens. Art 19(2) to 6 contain the nature of reasonable restrictions. The has to keep a vigil on the reasonability of restrictions imposed by the state in exercise of its power to maintain public order and morality. The criminal procedure code also contain certain provisions where the executive magistrate can take preventive actions in the event of likely hood of breach of peace under Sec 144,145 Cr.p.c. In maintaining law and order the state agencies has extra ordinary powers and if these powers are exercised unreasonably there is a great danger to freedom and liberties of citizen. The fundamental human rights are of highest value and should be exercised not to adversely effect to general public and social interest. There should be a balance to maintain between fundamental rights and interest of society on one hand and the rights and interests of individual on the other side. Care should be taken for exercising the public morality but no private morality can be imposed.