← Back to All Questions

Analyze the doctrine of proportionality in the context of restrictions on fundamental rights.

Posted by jobseeker kashvi | Approved
Answers (1)

The doctrine of proportionality is a constitutional principle used to assess the validity of restrictions imposed on fundamental rights. It requires that any limitation on a right must be reasonable, necessary, and balanced in relation to the objective it seeks to achieve. In India, this doctrine plays a crucial role in ensuring that the State does not impose excessive or arbitrary restrictions on the rights guaranteed under Part III of the Constitution.

The doctrine has been increasingly applied by Indian courts, particularly in cases involving Article 19 and Article 21. The Supreme Court in Modern Dental College v. State of Madhya Pradesh (2016) and Puttaswamy v. Union of India (2017) adopted a four-pronged proportionality test:

1. Legitimate Aim – The restriction must serve a valid public purpose.
2. Suitability – The measure must be suitable to achieve the intended objective.
3. Necessity – No less restrictive but equally effective alternative should exist.
4. Balancing – The impact on the individual right must not outweigh the public benefit.

Thus, proportionality serves as a check on State power, ensuring that individual liberties are not sacrificed disproportionately in the name of public interest. It aligns constitutional governance with democratic values, balancing rights with social goals.

Answered by jobseeker Vipra | Approved

Please login to submit an answer.

Quick Contact
Copyright ©2025 Lawvs.com | All Rights Reserved