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Exercises · Q5

Q.Which is a Fundamental Rights violation and why: not paying minimum wages / banning a book / banning loudspeakers after 9pm / making a speech.

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Among not paying minimum wages, banning a good book, banning the use of loudspeakers after 9 p.m.,

and a person making a speech, it is the banning of a good book (without a valid justification) that

represents a Fundamental Rights violation -- because it directly restricts freedom of expression

without falling within any of the recognised "reasonable restriction" grounds.

Not paying workers the minimum wage is a serious wrong and a violation of labour law, but it is not,

by itself, a violation of a Fundamental Right in the strict constitutional sense -- minimum wages are

protected mainly through ordinary labour legislation and the Directive Principles (which call for a

living wage), rather than through Part III's enforceable rights, unless the underlying conditions

amount to forced labour under Article 23.

Banning the use of loudspeakers after 9 p.m. is a reasonable restriction on the freedom of speech and

expression, not a violation -- it is a narrowly targeted, time-bound rule aimed at protecting public

peace and other people's right to a reasonable environment (sleep, rest), which courts have upheld as

a legitimate, proportionate limit.

A person simply making a speech is the exercise of a Fundamental Right (freedom of speech), not a

violation of one -- there is nothing here to identify as wrongful unless the speech itself falls …

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