Q. Consider the following statements about Doctrine of Proportionality:
1. It postulates that the nature and extent of the State’s interference with the exercise of a right must be proportionate to the goal it seeks to achieve.
2. The Doctrine was laid down by SC in Puttaswamy Case.
Which of the statements given above is/are correct?
Answer: C
Notes:
About Doctrine of Proportionality:
- Doctrine of Proportionality postulates that the nature and extent of the State’s interference with the exercise of a right must be proportionate to the goal it seeks to achieve.
- In the Puttaswamy Judgment the SC laid down the 3 Fold Test for ascertaining proportionality;
- Legality: The action must be sanctioned by law;
- Legitimate Aim: The proposed action must be necessary in a democratic society for a legitimate aim;
- Proportionality: The extent of such interference must be proportionate to the need for such interference.
Source: EPIC October 2021
