PROPORTIONALITY
TEST - POLITY
News:
Electoral Bonds verdict:
How the proportionality test was applied in the case
What's
in the news?
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Underlining that the restrictions on free
speech by the electoral bonds scheme are not “proportional” to its goal, a five-judge
Constitution Bench of the Supreme Court, headed by Chief Justice of India (CJI)
DY Chandrachud, unanimously struck down the scheme.
Key
takeaways:
●
Essentially, the judicial review of the
electoral bonds scheme involved examining whether the extent of the state’s
encroachment into the rights of individuals was proportional to achieve its
objectives — curbing black money and protecting donor privacy.
Doctrine
of Proportionality:
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Proportionality is a ground for judicial review.
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In India, the doctrine of proportionality
was adopted by the Supreme Court of India in the case of Om Kumar v. Union of India.
Definition:
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Proportionality means that the
administrative action should not be more drastic than it ought to be for
obtaining the desired result.
Constitutional
Basis:
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In India, the doctrine is anchored in Article 14 of the Constitution,
emphasizing equality before the law and the prevention of arbitrary state
action.
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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.
Features:
In K.S. Puttaswamy vs Union of India (2017) case, the court held that
any restriction placed on the right must conform to a doctrine of
proportionality. This requires few tests such as
●
State action must have a legislative
mandate.
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The action must show that the objective of
its law is founded on a legitimate governmental aim.
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It must be proportionate, i.e., such state
action — both in its nature and extent, must be necessary for a democratic
society.
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Further, such action must have no
alternative and less intrusive measures available to achieve the same objective
Significance:
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The principle of proportionality calls for
striking down laws that are excessively harsh or disproportionate.
Proportionality
and the Electoral Bond Scheme:
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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.
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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.