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The Doctrine Of Proportionality In Indian Administrative Law: A Comprehensive Legal Analysis

3 hours ago
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Soumyya Khanna, Milan Sharma & Stanzin Yangsdon, National Law Institute University, Bhopal


ABSTRACT


Proportionality promises a more searching form of judicial review than the Wednesbury standard of unreasonableness, but the extent to which Indian administrative law delivers on that promise remains unsettled. The doctrine originated in German public law as a test with three stages and was subsequently adopted by the European Court of Justice and the European Court of Human Rights. English courts received it more cautiously, confining it largely to cases arising under the Human Rights Act, 1998. The deferential Wednesbury standard, which is founded on irrationality, differs sharply from the structured proportionality inquiry, which is sensitive to rights. The British model, which seeks to limit the State, and the European model, which seeks to optimise the balance between competing interests, differ in the degree to which courts may weigh those interests. In India, the doctrine developed from early notions of fairness and reasonableness in administrative action, through an initial reliance on the Wednesbury standard, to a dual framework in which proportionality governs cases involving fundamental rights while Wednesbury continues to govern ordinary administrative decisions. A test of four stages, comprising legitimate aim, suitability, necessity and balancing, is now established in rights adjudication, but its application remains uneven. Proportionality is a more rigorous standard than Wednesbury and offers greater protection to rights, yet its potential in Indian law has been only partly realised. Clearer guidance on its scope, a standardised framework of four prongs, and a calibrated balance between judicial restraint and intervention would help close that gap.


Keywords: proportionality, Wednesbury unreasonableness, judicial review, administrative law, fundamental rights, judicial deference.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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