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Home / IAS Preparation / Doctrine Of Proportionality

Doctrine of Proportionality - Background, India's Approach & Doctrine of Proportionality Related Cases

Last Updated on Sep 21, 2023
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The Doctrine of Proportionality is a legal principle in Administrative Law, specifically during the judicial review. It requires a rational connection between the intended outcome and the means to achieve it. The doctrine of proportionality is essential in balancing the competing interests of different parties involved in a legal dispute. Courts often use it to determine the legality and legitimacy of government actions. The action taken should not be excessively disproportionate in the court's view. It can be subject to judicial review if found to be so. 

Let us look at the concept of the Doctrine of Proportionality, which is an important topic of the UPSC IAS examination. It constitutes a major part of the UPSC General Studies paper 2 syllabus. 

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What is Doctrine of Proportionality?

The Doctrine of Proportionality is a legal rule to balance government actions' means and outcomes. Governments must use suitable methods aligned with their goals. Actions must be rational, fair, and reasonable under this principle. Courts will reject arbitrary or biased actions. It's part of Article 14 in India, preventing arbitrary government actions. Courts in India examine procedure correctness and punishment fairness. This retains the Executive's decision-making authority. Administrative tribunals review actions before courts step in. The proportionality doctrine ensures fair decisions balancing government goals and rights. It also assesses undue harm from government actions.

Check out the article on the Original Jurisdiction of the Supreme Court here!

Background of the Doctrine of Proportionality

The Doctrine of Proportionality originated in Europe. It is a significant principle in European Administrative Law. It has long been considered part of the Wednesbury Principle of reasonableness in the United Kingdom. The Wednesbury Principle states that if a decision is so unreasonable that no sensible authority could ever take it, such decisions are liable to be quashed through judicial review. This sets out the standard of reasonableness to be followed by public bodies in their decisions. 

Although the Doctrine of Proportionality has been included under Wednesbury's Principle, the test of reasonableness has been subjected to higher scrutiny. To apply this doctrine, the decision must be reasonable and must strike a balance between the benefits and drawbacks of the outcome achieved. The judicial review is more rigorous and expansive about the 'proportionality' test than the 'reasonableness' test.

Check out the article on Important articles in Indian Constitution with this linked article!

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India’s Approach Towards the Doctrine of Proportionality

In India, adopting the broad European notion of proportionality has yet to occur. The concept is used in a restricted sense by the courts as it contradicts the common-law judicial review traditions.

  • The SC has been applying the proportionality principle to legislative activities since 1950. 
    • The principle is applied as a part of Article 14 of the Constitution rather than as a standalone principle. 
  • Under Article 14, an arbitrary administrative action is subject to scrutiny. 
    • The question is whether the administrative order is rational or reasonable, with the Wednesbury test as the standard. 
    • If the administrative action is arbitrary, it can be struck down under Article 14. 
    • The court uses a very rigorous form of proportionality in the case of administrative penalties.
  • Indian courts, in terms of Article 14, examine whether the classification is based on intelligible differentia. They analyse if the differentia has a reasonable connection to the legislation's goal.
  • The punishment imposed by a disciplinary authority must be reasonable and not excessive. The court can rule on its proportionality if it is found to be disproportionate.
  • In India, applying the principle is primarily observed in cases involving fundamental rights. 
    • In cases not involving fundamental rights, the role of courts and tribunals in administrative law is purely secondary. 

Check out the article on the Advisory Jurisdiction of the Supreme Court here!

Two Aspects of Decision that Principle of Proportionality Evaluates

The proportionality principle evaluates the below two aspects of decision:

  • Were the relative merits of differing objectives or interests appropriately weighed or fairly balanced?
  • Was the measure in question excessively restrictive or unnecessarily burdened affected persons?

In such instances, the Court focuses on the decision-making method rather than its correctness. (Maharashtra Law Development Corporation v. State of Maharashtra, 2011). Decision-making involves weighing aspects where the doctrine of proportionality applies. In Ranjit Thakur v. Union of India (1987), a disobedient Army Officer faced Court Martial. Judicial Review targets the decision-making process, not the decision itself.

Choice and severity of punishment are Court-Martial's domain, but it must match the offense and not be excessively harsh or biased. The doctrine of proportionality, part of judicial review, corrects extremely illogical sentences. Irrationality and perversity are recognized grounds for Judicial Review.

In Coimbatore Distt. Central Co-operative Bank v. Employees Association (2007), punishment matched employee misconduct. In K. S. Puttaswamy v. Union of India (2017), proportionality was upheld for state restrictions on fundamental rights.

In Anuradha Bhasin v. Union of India (2019), the validity of restrictions on fundamental rights was evaluated. The proportionality doctrine's requirements are summarized: legitimate goal, consider alternatives, appropriateness, necessity, least restrictive measure, supported by evidence, subject to judicial review.

Cases Related The Doctrine of Proportionality

Some of the major judicial pronouncements related to the doctrine of proportionality include:

Om Kumar v. Union of India 

In India, this case established the doctrine of Proportionality.

  • The Supreme Court found that, since 1950, Indian courts have frequently employed the doctrine of proportionality in deciding the constitutionality of legislative actions affecting the fundamental freedoms outlined in Article 19(1) of the Indian Constitution.
  • The Supreme Court found that administrative measures affecting basic freedoms (Articles 19 and 21) in India have always been judged on the doctrine of proportionality criteria, even when the doctrine of proportionality is not clearly expressed.
  • As a result, the Court said explicitly that the doctrine of proportionality applies to judicial review of administrative actions that violate the Indian Constitution's Articles 19 and 21.

S. Puttaswamy vs Union of India

The Supreme Court upheld the proportionality test. It was decided that when considering the doctrine of proportionality of law, the state's restrictions on citizens' essential rights should be considered.

State Road Transport Corporation v. Subhash Chandra Sharma 

The Supreme Court ruled that the labour court's decision was arbitrary and capricious. 

  • The court stated that the disciplinary committee's sentence was not "shockingly disproportionate" to the allegation brought against him, as the respondent's wrongdoing was grave and intolerable. 
  • The High Court also needed to exercise its power under Art. According to the court, 226, by failing to correct the labour court's ruling.

Dev Singh v. Punjab Tourism Development Corporation

This instance perfectly demonstrates the application of the doctrine of Proportionality. 

  • According to the concept, the measures employed to achieve the goal should be narrowly limited and the least restrictive. 
  • The corporation intended to discourage employees from acting recklessly in this case. Therefore, it fired the appellant.
  • Even though there were other least restrictive means or punishments under bye-law that could have been used to punish him, they were not used.
  • As a result, the court used the doctrine of proportionality in this case and evaluated the level of penalty.

Anuradha Bhasin Vs. Union of India

The Supreme Court has questioned the legality of the internet shutdown and movement restrictions in Jammu and Kashmir.

  • It was held to summarise the doctrine of proportionality theory's standards, which authorities must fulfil before issuing any order restricting people's fundamental rights.
  • Aadhar privacy and doctrine of proportionality
  • The Supreme Court used the Doctrine of Proportionality as the touchstone to determine the validity of the Act and scheme.
  • It postulates that the nature and extent of the State’s interference with exercising a right must be proportional to the goal it seeks to achieve.
  • The balancing of the purported benefits of Aadhaar and the potential threat it carries to the fundamental right to privacy. 
  • This formed the core question concerning the validity of Aadhaar in the constitutional scheme. 

Also, read the article on Proportional Representation with this link!

Conclusion

It is a prevalent misconception that judicial review is the same as an appeal under this procedure. When an administrative action is challenged on the doctrine of proportionality, the appellate authority must merely examine whether the procedure was correct or if the punishment was the least restrictive means of achieving the aim.

Also read, Important Amendments in Indian Constitution!

Key Takeaways for UPSC Aspirants

  • Definition: The Doctrine of Proportionality requires that administrative actions must not be excessive and must be appropriate to achieve their intended objectives.
  • Legal Origin: Originated in German administrative law and adopted by the European Court of Human Rights, influencing other legal systems including India.
  • Constitutional Basis in India: Related to Articles 14, 19, and 21 of the Indian Constitution, ensuring laws and actions are not arbitrary or excessive.
  • Key Judicial Pronouncement: Established in Om Kumar vs. Union of India (2000), which explicitly recognized the doctrine in the Indian context.
  • Components: Comprises four main tests: legitimate aim, suitability, necessity, and balance between adverse effects and public benefits.
  • Administrative Law Application: Used to assess the fairness and reasonableness of administrative decisions and actions.
  • Fundamental Rights: Ensures that restrictions on fundamental rights are justified, balancing individual freedoms with state interests.
  • Modern Governance: Enhances accountability, transparency, and fairness in executive actions, fostering legal system trust and protecting civil liberties.

We hope all your doubts regarding the doctrine of proportionality would have been addressed now. Testbook provides study material for various competitive examinations. Ace your UPSC preparation by downloading the Testbook App!

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 Doctrine of Proportionality- FAQs

Doctrine of Proportionality is commonly asserted as a basis for Judicial review in most of the cases involving administrative action. The doctrine arose in Europe and is now an integral part of European administrative law.

When an administrative action is challenged on the doctrine of proportionality, the appellate authority must merely examine whether the procedure was correct or if the punishment was the least restrictive means of achieving the aim.

Om Kumar v. Union of India 2000 introduced the doctrine of proportionality in India.

Proportionality refers to the fact that administrative action should not be more severe than necessary to achieve the desired result. This means that shooting a sparrow with a canon is not a good idea. As a result, this theory attempts to strike a balance between methods and aims.

A broader doctrine would render the administration's discretionary powers outdated, the Indian legal system has taken a restrictive approach to this notion. It will give the court the

Proportionality refers to ensuring that administrative actions are not excessively severe in relation to the intended outcomes. This concept emphasizes that using excessive measures, like employing a cannon to shoot a small sparrow, is inappropriate. Therefore, this principle aims to harmonize the methods used with the goals to achieve a sense of equilibrium between them.
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