Review Jurisprudence in India: Exploring India's Proportionality Experience

Abstract

This article explores the application of the proportionality principle by the Supreme Court of India. It argues that although the principle is accepted as an integral part of review jurisprudence in India, the courts apply it only in form and not substance. In other words, in applying proportionality, the Court rarely engages with alternative measures that could be considered in place of the measure that is being challenged. To show this, the authors consider some recent cases in which the Supreme Court has applied the proportionality principle. © 2023 The Authors. All rights reserved.