The Principle of Proportionality under the Indian Constitution: A New Dimension to Equality

Abstract

The doctrine of Proportionality is recognised by many countries as a general principle of law to interpret the fundamental constitutional values. The doctrine is utilized by the judges in constitutional and administrative law cases to balance the rights of individual, to protect the interest of the public at large and to establish an essence of fairness, justice, and equilibrium (constitutional values) which requires that the reasons for transgression must weigh in parity with the rights which are intruded upon by such action. However, an examination into the reality of the application by the court of the test of proportionality shows a different trend and reality. The paper deals with the application of the test of proportionality in India and examines the constitutional challenges currently plaguing the doctrinally of proportionality.