Bhuvanesh.J, BBA. LLB., (Hons) School of Excellence in Law, Chennai
Hariroopan.M, BBA. LLB., (Hons) School of Excellence in Law, Chennai
ABSTRACT
The Doctrine of Proportionality serves as a primary tool in the judicial review of administrative actions and decisions in almost all common law countries. It originated from the European jurisprudence and has evolved over the years. The basic principle of this doctrine is that governmental actions should be reasonable and not excessively intrusive of individual rights. This doctrine has been incorporated in the Indian constitution and the Indian judicial system. It plays a significant role in Indian administrative law by safeguarding individual rights, particularly the fundamental rights of the citizens. This article speaks about the origination and development of this doctrine in India and focuses on its application in the service sector. The service sector is the vital organ of the country and is governed by various service laws that aim to regulate administrative actions.
This article discusses about how the doctrine of proportionality is applied in the service sector and the control over the arbitrary actions of the government. It further examines various judgements of the Supreme Court to analyse the current position of the doctrine in the Indian judiciary and how far it is essential in maintaining fairness and justice in administrative decision-making.
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