इलाहाबाद विश्वविद्यालय के छात्र निष्कासन को उच्च न्यायालय ने असंगत बताया

The Allahabad High Court's questioning of Allahabad University's expulsion of a student brings several key concepts into focus. The first is Freedom of Expression, a fundamental right guaranteed under Article 19(1)(a) of the Indian Constitution. This right allows citizens to express their views freely, but it is subject to reasonable restrictions as outlined in Article 19(2), which includes considerations for public order, decency, and morality. In the context of the Allahabad University case, the court is essentially weighing whether the student's participation in protests, and the expression thereof, legitimately threatened public order or the functioning of the university, thus justifying the expulsion. The court's observation suggests that the university's action may have unduly infringed upon the student's right to free expression, making the punishment disproportionate.

Another relevant concept is Proportionality, a legal principle that requires a balance between the means used and the end achieved. In administrative law, this principle ensures that any action taken by an authority, such as a university, is not excessive or arbitrary in relation to the objective it seeks to achieve. The High Court's remark that the expulsion was 'disproportionate' directly invokes this principle. It implies that the university's objective of maintaining discipline could have been achieved through less severe measures, such as suspension or a written warning, rather than outright expulsion, which has significant long-term consequences for the student's academic career.

Finally, the concept of Judicial Review is crucial here. Judicial review is the power of the judiciary to examine the actions of the executive and legislative branches, or in this case, an educational institution, to ensure they comply with the Constitution and other laws. By questioning the university's decision, the Allahabad High Court is exercising its power of judicial review to assess whether the university acted within its legal bounds and respected the student's fundamental rights. This case underscores the judiciary's role in safeguarding individual liberties against potential overreach by state or quasi-state actors. For UPSC aspirants, understanding these concepts – Freedom of Expression, Proportionality, and Judicial Review – is essential for both Prelims and Mains, particularly in the context of Polity and Governance. Questions may arise on the scope of fundamental rights, the limitations on state action, and the role of the judiciary in protecting civil liberties.