The different facets of the proportionality principle as applied by the supreme court in India

Navin Sinha () and Fakkiresh S. Sakkarnaikar
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Navin Sinha: Gujarat National Law University
Fakkiresh S. Sakkarnaikar: Gujarat National Law University

Constitutional Political Economy, 2024, vol. 35, issue 1, No 2, 22-44

Abstract: Abstract The evolution of the proportionality principle in India has, at best been an experiment of sorts. Its incorporation as a review tool was initially confined to the deciding the legality of the administrative decision-making. At this stage, it was used more as an alternative to the Wednesbury standard of reasonableness rather than an independent review procedure. Over the years, however, as the principle found more and more utility as rights reviewing mechanism, its has made a major impact in review jurisprudence in India. Today the principle is consistently used to deal to review the constitutionality of legislations limiting fundamental rights. Proportionality has featured extensively on issues concerning privacy rights, individual autonomy and boundaries of free speech and expression. The present article is a study of the different facets of the proportionality principle as has been applied by the Supreme Court of India. The article takes a critical look on the interrelationship between the proportionality principle and the pre-existing review procedures in India and the justification—often historical—that has been used by the Supreme Court to give a proportionality a place in review jurisprudence in India.

Keywords: Proportionality principle; Supreme Court of India; Rights review; Review procedure; Review jurisprudence (search for similar items in EconPapers)
JEL-codes: K19 K38 (search for similar items in EconPapers)
Date: 2024
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DOI: 10.1007/s10602-023-09399-9

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