Topic – Indian Polity: Issues
6) What do you understand by doctrine of proportionality in judicial review? Examine how doctrine of proportionality led to upholding the constitutional validity of Aadhar?(250 words)
Why this question
The judgment given by court in Aadhar case is a landmark one which leads to settlement of several debates related to privacy, the constitutionality of Aadhar etc. Doctrine of proportionality has been utilized by the courts in upholding Aadhar and needs to be understood.
Key demand of the question
The question expects us to explain what doctrine of proportionality is and how the principle led to Aadhar being held constitutionally valid. The utilization of this doctrine requires the law under question to balance the pros and cons. We have to do the same in the question.
Examine – When you are asked to examine, you have to probe deeper into the topic, get into details, and find out the causes or implications if any .
Structure of the answer
Introduction – mention about the judgement of the court in Aadhar case and the questions under scrutiny.
- Explain what doctrine of proportionality is – In the test of Proportionality the courts will quash exercise of discretionary powers in which there is no reasonable relation between the objective which is sought to be achieved and the means used to that end, or where punishments imposed by administrative bodies or inferior courts are wholly out of proportion to the relevant misconduct. So the administrative action which arbitrarily discriminates will be quashed by the court. The implication of the principle of proportionality is that the court will weigh for itself the advantages and disadvantages of an administrative action and such an action will be upheld as valid if and only if the balance is advantages
- Explain that the same doctrine led to the judgment of court. mention how keeping in view the proportionality test, SC the majority opinion refrained from answering whether the decision to pass Aadhar Act as a money bill is unconstitutional.
- Also highlight the debates wrt privacy, the socio economic objectives of Aadhar, the safeguards in the Act and the sections declared ultra vires to further explain how the said doctrine in applicable in this case.
Conclusion – Summarize your answer and give your view on the future of Aadhar.