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The proportionality test, increasingly applied by Indian courts to evaluate rights restrictions, requires examining: legitimate aim, rational connection, necessity (least restrictive alternative), and ______ of benefits versus harms.
- secrecy
- balancing
- deference
- absolutism
Answer: balancing
Proportionality test in Indian jurisprudence: (a) Four-step analysis: (i) Legitimate aim: Restriction must pursue valid public interest (security, health, morality), (ii) Rational connection: Means must be suitable to achieve aim, (iii) Necessity: No less restrictive alternative available, (iv) Balancing: Benefits of restriction must outweigh harm to rights, (b) Applications: (i) Puttaswamy: Aadhaar authentication balanced privacy vs welfare efficiency, (ii) Anuradha Bhasin: Internet shutdowns balanced security vs free speech, (iii) Reservation cases: Affirmative action balanced equality vs merit, (c) Evolution: From Wednesbury unreasonableness (high deference) to proportionality (intensive scrutiny) for rights-affecting actions. Illustrates calibrated judicial review: stricter scrutiny for rights, deference for policy; ensures restrictions are justified, not arbitrary.