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<p>The present article explores the interrelationship between fundamental rights and the proportionality principle. The attraction of the proportionality principle lies in its potential to optimise fundamental rights review more than any other review procedure. Underlying the function efficacy of proportionality is a unique conceptualisation of fundamental rights that aligns with the different components of the principle. In the context of a proportionality analysis, fundamental rights are qualified entities that can be limited in the face of similar but important interests. Since fundamental rights in India possesses all the attributes of a qualified interest, the article argues for using a proportionality principle as a general head of review for all instances of rights review in India.</p>

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Theorising a Place for Proportionality Principle as a General Head of Review for Fundamental Rights Review in India

  • 期刊论文

  • 发表日期：

    2025年5月5日

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  • Navin Sinha,
  • Mitul Dutta

摘要

The present article explores the interrelationship between fundamental rights and the proportionality principle. The attraction of the proportionality principle lies in its potential to optimise fundamental rights review more than any other review procedure. Underlying the function efficacy of proportionality is a unique conceptualisation of fundamental rights that aligns with the different components of the principle. In the context of a proportionality analysis, fundamental rights are qualified entities that can be limited in the face of similar but important interests. Since fundamental rights in India possesses all the attributes of a qualified interest, the article argues for using a proportionality principle as a general head of review for all instances of rights review in India.