Title: Limitation Analysis by the Indian Supreme Court
Published on: April 30, 2020
Published in: Mordechai Kremnitzer, Talya Steiner & Andrej Lang (Eds.), Proportionality in Action: Comparative and Empirical Perspectives on the Judicial Practice. Cambridge University Press
The chapter presents an analysis of the practice of limitation analysis in the case-law of the Indian Supreme Court. The findings demonstrate that the majority of limitations struck down are based on either lack of legitimate purpose, lack of rational nexus, or both. It further analyses qualitatively the formulations and applications in practice of each of the components of limitation analysis.