Create a custom practice set
Pick category, difficulty, number of questions, and time limit. Start instantly with your own quiz.
Generate QuizGK Question
The proportionality test is particularly applied by Indian courts when reviewing administrative actions that restrict ______, requiring the State to justify restrictions as proportionate to legitimate aims.
- economic policy
- fundamental rights
- administrative discretion
- legislative procedure
Answer: fundamental rights
Proportionality and fundamental rights: (a) Application trigger: Proportionality test applied when administrative action restricts Fundamental Rights (Articles 14, 19, 21, etc.), not for routine policy/economic decisions, (b) Rationale: Fundamental rights require stricter scrutiny than policy choices; proportionality ensures restrictions justified, not arbitrary, (c) Four-step test: (i) Legitimate aim: Restriction must pursue valid public interest (security, health, morality), (ii) Rational connection: Means suitable to achieve aim, (iii) Necessity: No less restrictive alternative available, (iv) Balancing: Benefits outweigh harm to rights, (d) Applications: (i) Puttaswamy: Privacy restrictions (Aadhaar) balanced via proportionality, (ii) Anuradha Bhasin: Internet shutdowns (free speech) subjected to proportionality, (iii) Reservation cases: Affirmative action (equality) balanced with merit via proportionality, (e) Evolution: From Wednesbury (high deference) to proportionality (intensive scrutiny) for rights-affecting actions reflects judicial commitment to rights protection. Illustrates calibrated judicial review: stricter scrutiny for rights, deference for policy.