Page:Anuradha Bhasin vs Union of India and Ors.pdf/32

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with regard to the facts and circumstances of each case. [refer to State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat, (2005) 8 SCC 534].

34. The second prong of the test, wherein this Court is required to find whether the imposed restriction/prohibition was least intrusive, brings us to the question of balancing and proportionality. These concepts are not a new formulation under the Constitution. In various parts of the Constitution, this Court has taken a balancing approach to harmonize two competing rights. In the case of Minerva Mills Ltd. v. Union of India, (1980) 2 SCC 591 and Sanjeev Coke Manufacturing Company v. M/s Bharat Coking Coal Ltd., (1983) 1 SCC 147, this Court has already applied the balancing approach with respect to fundamental rights and the directive principles of State Policy.

35. Before, we delve into the nuances of 'restriction' as occurring under Article 19(2) of the Constitution, we need to observe certain facts and circumstances in this case. There is no doubt that Jammu and Kashmir has been a hot bed of terrorist insurgencies for many years. In this light, we may note the State's submission that since 1990 to 2019 there have been