Proportionality in India: A Bridge to Nowhere?

Title: Proportionality in India: A Bridge to Nowhere?

Published on: March 31, 2020

Published in: Oxford Human Rights Journal

View Publication

Aparna Chandra

Dr. Aparna Chandra

This article argues that the Supreme Court’s approach to proportionality is riddled with conceptual confusion which stems from the Court’s (mistaken) assumption that proportionality has always existed in Indian constitutional jurisprudence and that therefore adopting the test requires the Court to do nothing very different from its existing practices of rights review.