The Indian constitution makes a balance between the fundamental right of individual vis-a-vis collective rights of the society, elucidates with example . [150 words, 10 marks]

Introduction: 

The Indian Constitution strikes a balance between the fundamental rights of individuals and the collective rights of society, ensuring that individual freedoms do not infringe upon the larger public interest and vice versa. 

Balance between the fundamental right of individual vis-a-vis collective rights of the society: 

1. Freedom of Speech vs. Public Order:
   • Example: The right to protest is a fundamental right under freedom of speech and expression. However, if a protest turns violent and disrupts public order, the state can impose restrictions or curfews to maintain peace.
2. Freedom of the Press vs. Contempt of Court:
   • Example: The freedom of the press is derived from the freedom of speech and expression under Article 19(1)(a). However, reporting that interferes with or undermines the authority of the judiciary can be restricted under laws relating to contempt of court, balancing freedom of the press with the integrity of the judicial process.
3. Right to Information vs. State Security:

• Example: The Right to Information Act empowers citizens to access information from public authorities. However, information related to national security, sovereignty, and integrity of India, or sensitive data, is exempted to protect state security and public interest.

1. Right to Privacy vs. National Security:
   • Example: The Supreme Court of India, in the landmark Puttaswamy judgment, declared the right to privacy as a fundamental right. However, this right can be restricted for legitimate state interests like national security or preventing crime.
2. Right to Equality vs. Affirmative Action:
   • Example: Article 14 guarantees the right to equality. However, to achieve social justice and uplift marginalised communities, the state implements affirmative action policies like reservations in education and employment.
3. Freedom of Religion vs. Social Reforms:
   • Example: Article 25 grants individuals the freedom to practise and propagate their religion. However, practices that are in conflict with public health or morality, like untouchability or child marriage, can be regulated or prohibited.
4. Right to Property vs. Eminent Domain:
   • Example: Initially, the right to property was a fundamental right under Article 31, but it was later changed to a constitutional right under Article 300A. The state can acquire private property for public purposes with appropriate compensation, balancing individual property rights with societal needs.
5. Freedom of Trade and Commerce vs. Public Interest:

• Example: Article 19(1)(g) guarantees the freedom to practise any profession or to carry on any occupation, trade, or business. However, the state can impose reasonable restrictions in the interest of public health (e.g., regulation of medical practice), safety (e.g., licensing for hazardous trades), and morality (e.g., prohibition of human trafficking).

Conclusion: 

The Indian Constitution endeavours to protect individual freedoms while ensuring that these do not compromise the collective rights and interests of society. This delicate balance is crucial for maintaining social harmony and advancing the nation's democratic values.