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The Municipal Corporation of Amanabad Issues an Order Prohibiting Any Person Residing Out of the Municipal Limits of Amanabad from Using Lake Alia, a Lake Located Entirely Within the Municipal Limits -

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Question

Mark the best option:
Principles:

  1. It is a fundamental right that no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
  2. Laws dealing with marriages in a religious community fall outside the scope of fundamental rights.

Facts: The Municipal Corporation of Amanabad issues an order prohibiting any person residing out of the municipal limits of Amanabad from using Lake Alia, a lake located entirely within the municipal limits of Amanabad. The lake's maintenance is overseen and financed by the Municipal Corporation itself. The order is challenged in court. Will the challenge succeed?

Options

  • The challenge will succeed since the lake both has bathing ghats and is a place of public resort.

  • The challenge will succeed since the public being restricted from using the lake is comprised of citizens of India who are being deprived of their right to use public property.

  • The challenge will not succeed since the notification is arbitrary having no reasonable objective that it seeks to achieve.

  • The challenge will not succeed since the restriction placed is on the basis of place of residence.

MCQ

Solution

The challenge will not succeed since the restriction placed is on the basis of place of residence.
Reasonable restriction can be placed on the basis of place of residence as it is not a ground provided under art 14.

shaalaa.com
Indian Constitution (Entrance Exams)
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