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In Justice K.S. Puttaswamy v. Union of India (2017), the final step of proportionality test requires balancing. What does this step primarily assess?
- Whether the restriction has any rational connection to the aim
- Whether the benefits of the restriction outweigh the harm to fundamental rights
- Whether the State has a legitimate aim for the restriction
- Whether there are any less restrictive alternatives available
Answer: Whether the benefits of the restriction outweigh the harm to fundamental rights
Puttaswamy (2017) balancing step in proportionality: (a) Context: Challenge to Aadhaar scheme, surveillance laws based on right to privacy under Article 21, (b) Proportionality test - balancing step: (i) Final step: Benefits of restriction must outweigh harm to fundamental rights, (ii) Applied to Aadhaar: Benefits (efficient welfare delivery, tax compliance) vs. harm (privacy intrusion, profiling risks), (iii) Outcome: For welfare schemes, tax compliance, benefits outweighed harm; for bank accounts, mobile numbers, harm outweighed benefits, (c) Applications: (i) Aadhaar authentication: Upheld for welfare schemes funded from Consolidated Fund, PAN-Aadhaar linking for tax; struck down for bank accounts, mobile numbers, school admissions, (ii) Data protection: DPDP Act, 2023 requires balancing data processing benefits against privacy risks, (iii) Surveillance oversight: Anuradha Bhasis (2020) applied balancing to internet shutdowns, requiring publication, time-bound orders, judicial review, (d) Rationale: (i) Calibrated balancing: Balancing step enables nuanced assessment of rights restrictions, not absolute prohibition or unlimited state power, (ii) Rights protection: Ensures restrictions justified, not arbitrary; core rights protected against disproportionate intrusion, (iii) Democratic legitimacy: Enables state to pursue legitimate aims while protecting individual rights through calibrated review, (e) Illustrates sophisticated judicial review: Proportionality test enables courts to balance rights vs. state interests; ensures restrictions are justified, necessary, balanced, not arbitrary or overbroad.