Proportionality

The trap is assuming 'reasonable restriction' automatically implies proportionality. While reasonableness is a factor, proportionality demands a structured four-part analysis (legitimate aim, suitability, necessity, balancing). An action can be 'reasonable' at first glance but still fail the proportionality test if a less restrictive alternative exists. Examiners often present scenarios where an action seems reasonable but is, in fact, disproportionate.

Natural justice focuses on fair procedure (audi alteram partem - right to be heard, and rule against bias). Proportionality, on the other hand, concerns the substance of the decision, ensuring the action taken is no more restrictive than necessary. Natural justice asks 'Was the process fair?', proportionality asks 'Is the outcome excessive given the objective?'

The 'necessity' test requires the government to prove that no less restrictive alternative exists. This is difficult because it involves anticipating all possible alternatives and demonstrating why they are inadequate. Courts often struggle to second-guess the government's assessment of alternatives, especially in matters of national security or public order. This creates a high burden of proof for the government, which it often fails to meet.

The demolition of properties following communal clashes in Uttar Pradesh in 2022 raised concerns about proportionality. Critics argued that the demolitions, ostensibly targeting illegal constructions, disproportionately affected one community and appeared punitive rather than remedial. The Supreme Court has emphasized that any such action must be proportionate to the offense committed and must follow due process of law.

While proportionality applies to both, the scrutiny under Article 21 is often stricter. Restrictions on freedom of speech are assessed against the grounds listed in Article 19(2) (e.g., public order, defamation). However, Article 21, concerning life and personal liberty, requires a higher degree of justification for any state action. Any infringement on Article 21 must be 'just, fair, and reasonable,' a standard that incorporates a robust proportionality analysis.

Critics argue that applying proportionality too rigidly in socio-economic policies can hinder the government's ability to address complex problems like poverty or inequality. They claim that these issues often require broad, sometimes intrusive, interventions that might appear disproportionate when viewed in isolation. However, a balanced response would be that proportionality doesn't prevent bold action, but ensures that such action is carefully considered, evidence-based, and minimizes harm to individual rights. It forces the government to justify its choices and consider less restrictive alternatives, ultimately leading to more effective and equitable policies.

The Puttaswamy judgment, which recognized the right to privacy as a fundamental right under Article 21, explicitly linked privacy to the principle of proportionality. The Court held that any state action infringing on privacy must meet the four-pronged test of proportionality: legitimate aim, suitability, necessity, and balancing. This has created a higher standard for government surveillance, data collection, and other intrusions into personal privacy.

In Anuradha Bhasin v. Union of India, the Supreme Court focused on the necessity and duration of internet shutdowns. The Court ruled that any restriction on internet access must be temporary, limited in scope, and subject to judicial review. Blanket or indefinite internet shutdowns were deemed disproportionate, as they severely impacted freedom of speech and the ability to conduct essential activities.

Without proportionality, the government would have significantly more leeway to restrict individual rights in the name of achieving legitimate aims. There would be less judicial oversight of government actions, and citizens would have fewer legal avenues to challenge measures that are excessively intrusive or harmful. The balance of power would shift further in favor of the state, potentially leading to greater infringements on fundamental freedoms.

answerPoints: * Codifying the principle of proportionality into law would provide greater clarity and predictability. * Establishing independent oversight bodies to review government actions for proportionality could enhance accountability. * Promoting greater public awareness of proportionality could empower citizens to challenge disproportionate measures. * Training government officials and law enforcement agencies on the application of proportionality could improve its implementation in practice.

Proportionality assesses whether a government action is excessively restrictive, while the Doctrine of Legitimate Expectation protects individuals' reasonable expectations arising from government practices or policies.

Proportionality is crucial for GS Paper 4 because it embodies ethical decision-making. It highlights the importance of balancing competing values and interests, ensuring that actions are fair, just, and minimize harm. Questions in ethics often involve scenarios where candidates must demonstrate their ability to apply proportionality in resolving dilemmas and making responsible choices.