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- Title
Review Jurisprudence in India: Exploring India's Proportionality Experience.
- Authors
Sinha, Navin; Sakkarnaikar, Fakkiresh
- 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.
- Subjects
INDIA; INDIA. Supreme Court; APPELLATE courts; CONSTITUTIONAL courts; COURTS
- Publication
Australian Journal of Asian Law, 2023, Vol 24, Issue 2, p101
- ISSN
1443-0738
- Publication type
Article