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Q. What do you understand about the doctrine of proportionality in judicial review? Examine how doctrine of proportionality led to Striking down of Electoral bond scheme? (15 Marks, 250 words)

Answer:

Approach:

  • Introduction: Introduce the doctrine of proportionality as a critical judicial principle that ensures administrative actions do not excessively infringe on individual rights.
  • Body: 
    • Define the doctrine and its evolution in legal systems, highlighting its importance in balancing public authority actions against their objectives.
    • Mention its basis in Article 14 of the Indian Constitution and reference key Supreme Court cases that illustrate its application in ensuring state action is not arbitrary.
    • Discuss the theoretical application of the doctrine to the Electoral Bond Scheme, focusing on its implications for fundamental freedoms and democratic principles.
  • Conclusion: Summarize the role of the doctrine of proportionality in judicial review as a safeguard against excessive state action, emphasizing its significance in upholding democracy and the rule of law.

 

Introduction:

The doctrine of proportionality is a fundamental principle in the realm of judicial review, serving as a critical tool for courts to assess the balance and reasonableness of administrative actions and decisions in relation to their objectives. This doctrine ensures that a public authority’s measures do not infringe upon individuals’ rights more than necessary, maintaining a delicate balance between achieving public interest goals and upholding individual rights.

Body:

The Essence of Proportionality

  • Definition and Development: 
    • Originating from European administrative law, the doctrine has evolved to ensure that administrative actions are not only legal but also reasonable and justified within a democratic context. 
    • It underwent significant development in England, with landmark cases expanding judicial review grounds to include ‘illegality,’ ‘irrationality,’ and ‘procedural impropriety,’ and emphasizing proportionality​​.
  • Four-Stage Test: 
    • The test involves assessing whether the action pursued a legitimate aim, whether the means were suitable, if a less restrictive alternative was available, and whether the measure was overall justified in a democratic society. 
    • This framework ensures a thorough examination of the decision’s impact on democratic rights​​.

Application in Indian Jurisprudence

  • Constitutional Basis: 
    • In India, the doctrine is anchored in Article 14 of the Constitution, emphasizing equality before the law and the prevention of arbitrary state action. 
    • The Supreme Court has applied this principle to scrutinize the reasonableness and non-arbitrariness of administrative actions, ensuring they have a reasonable nexus with their objectives​​​​.
  • Supreme Court Cases: 
    • Various Supreme Court cases illustrate the application of the doctrine, ensuring that administrative punishments and actions are proportionate to the misconduct or objective. 
    • These cases demonstrate the Court’s role in preventing excessive or unjustified infringements on rights and freedoms by administrative bodies​​.

Proportionality and the Electoral Bond Scheme

  • While the direct impact of the doctrine on the Electoral Bond Scheme’s judicial review is not detailed in the provided sources, the principle typically requires examining whether a government scheme’s objectives justify its impacts on fundamental freedoms and transparency. 
  • In such a context, the doctrine would guide the assessment of whether the scheme’s aims, such as cleaner political funding, were achieved through the least restrictive means and without unduly infringing on democratic principles.

Conclusion:

The doctrine of proportionality is a vital aspect of judicial review, acting as a safeguard against excessive or arbitrary state action. It ensures that administrative measures are balanced, reasonable, and justifiable, upholding the fundamental rights and democratic values enshrined in the constitution. Through its application in landmark cases, including the scrutiny of significant schemes like the Electoral Bond Scheme, the doctrine underscores the judiciary’s role in maintaining the rule of law and democratic governance.

 

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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 Final Result – CIVIL SERVICES EXAMINATION, 2023.   Udaan-Prelims Wallah ( Static ) booklets 2024 released both in english and hindi : Download from Here!     Download UPSC Mains 2023 Question Papers PDF  Free Initiative links -1) Download Prahaar 3.0 for Mains Current Affairs PDF both in English and Hindi 2) Daily Main Answer Writing  , 3) Daily Current Affairs , Editorial Analysis and quiz ,  4) PDF Downloads  UPSC Prelims 2023 Trend Analysis cut-off and answer key

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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