Proportionality is a ground for judicial review. In India, the doctrine of proportionality was adopted by the Supreme Court of India in the case of Om Kumar v. Union of India
Proportionality means that the administrative action should not be more drastic than it ought to be for obtaining the desired result.
In K.S. Puttaswamy vs Union of India (2017) case, the court held that any restriction placed on the right must conform to a doctrine of proportionality. This requires few tests,
State action must have a legislative mandate
The action must show that the objective of its law is founded on a legitimate governmental aim
It must be proportionate, i.e., such state action — both in its nature and extent, must be necessary for a democratic society. Further, such action must haveno alternative and less intrusive measures available to achieve the same objective
The principle of proportionality calls for striking down of laws that are excessively harsh or disproportionate.
Post-Mains Strategy Session by Mr. Ayush Sinha | ForumIAS
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