Syed Shiraz Fazal, Assistant Professor, Lloyd Law College
Twinkle Hussain, Assistant Professor, Asian Law College
ABSTRACT
The concept of judicial review is an intrinsic part of the constitutional jurisprudence in India. In these circumstances it becomes relevant to examine the various tests which the judiciary has evolved in the due course of time. It is even more important to consider certain principles which have remained underdeveloped in the constitutional law jurisprudence of the country. The doctrine of proportionality is one such example of a universally accepted standard of judicial review which has not yet been completely incorporated within the Indian legal framework. This paper shall attempt to explore the possibilities which are inherent in the principle of proportionality with respect to the judicial review of legislations and administrative orders in India. The paper shall achieve this purpose through tracing the jurisprudence of proportionality within the Indian judiciary and relying upon foreign precedents wherever necessary. At the end of this endeavour the paper would try to answer whether the judiciary can be concerned with the proportionality of punishments while examining the legality of penal legislations.
