Comprehension
The requirement of balancing various considerations brings us to the principle of proportionality. In the case of K. S. Puttaswamy (Privacy-9J.) (supra), this Court observed: “310…Proportionality is an essential facet of the guarantee against arbitrary State action because it ensures that the nature and quality of the encroachment on the right is not disproportionate to the purpose of the law...” Further, in the case of CPIO v. Subhash Chandra Aggarwal, [(2019) SCC OnLine SC 1459], the meaning of proportionality was explained as: "225. It is also crucial for the standard of proportionality to be applied to ensure that neither right is restricted to a greater extent than necessary to fulfil the legitimate interest of the countervailing interest in question…”
The proportionality principle can be easily summarized by Lord Diplock‘s aphorism ‗you must not use a steam hammer to crack a nut, if a nutcracker would do?‘ [Refer to R v. Goldsmith, [1983] 1 WLR 151, 155 (Diplock J)]. In other words, proportionality is all about means and ends. The suitability of proportionality analysis under Part III, needs to be observed herein. The nature of fundamental rights has been extensively commented upon. One view is that the fundamental rights apply as ‗rules‘, wherein they apply in an ‗all¬ or ¬nothing fashion‘. This view is furthered by Ronald Dworkin, who argued in his theory that concept of a right implies its ability to trump over a public good. Dworkin‘s view necessarily means that the rights themselves are the end, which cannot be derogated as they represent the highest norm under the Constitution. This would imply that if the legislature or executive act in a particular manner, in derogation of the right, with an object of achieving public good, they shall be prohibited from doing so if the aforesaid action requires restriction of a right. However, while such an approach is often taken by American Courts, the same may not be completely suitable in the Indian context, having regard to the structure of Part III which comes with inbuilt restrictions. Source: Excerpt taken from a judgment delivered by the bench of N. V. Ramanna, R. Subhash Reddy, B.R. Gavai, J.J. on 10th January, 2020.
The proportionality principle can be easily summarized by Lord Diplock‘s aphorism ‗you must not use a steam hammer to crack a nut, if a nutcracker would do?‘ [Refer to R v. Goldsmith, [1983] 1 WLR 151, 155 (Diplock J)]. In other words, proportionality is all about means and ends. The suitability of proportionality analysis under Part III, needs to be observed herein. The nature of fundamental rights has been extensively commented upon. One view is that the fundamental rights apply as ‗rules‘, wherein they apply in an ‗all¬ or ¬nothing fashion‘. This view is furthered by Ronald Dworkin, who argued in his theory that concept of a right implies its ability to trump over a public good. Dworkin‘s view necessarily means that the rights themselves are the end, which cannot be derogated as they represent the highest norm under the Constitution. This would imply that if the legislature or executive act in a particular manner, in derogation of the right, with an object of achieving public good, they shall be prohibited from doing so if the aforesaid action requires restriction of a right. However, while such an approach is often taken by American Courts, the same may not be completely suitable in the Indian context, having regard to the structure of Part III which comes with inbuilt restrictions. Source: Excerpt taken from a judgment delivered by the bench of N. V. Ramanna, R. Subhash Reddy, B.R. Gavai, J.J. on 10th January, 2020.
Question: 1
The above passage has been taken from which of the following judgments, which decided the state of affairs relating to internet ban in Jammu & Kashmir?
The above passage has been taken from which of the following judgments, which decided the state of affairs relating to internet ban in Jammu & Kashmir?
Updated On: Aug 23, 2024
- Sita Ram Yechury v. Union of India
- Anuradha Bhasin v. Union of India
- In Re: State of Jammu & Kashmir
- Bhim Singh v. State of Jammu & Kashmir
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The Correct Option is B
Solution and Explanation
The correct Option is (B):Anuradha Bhasin v. Union of India
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Question: 2
The above passage discusses about the proportionality, in the context of which of the following issues?
The above passage discusses about the proportionality, in the context of which of the following issues?
Updated On: Jul 11, 2024
- The limitations of state action sanctioned under the Constitution.
- The powers of the President under Article 370 of the Constitution.
- The extent of restrictions to be imposed by the State on the exercise of Fundamental Rights
- The proportionality of powers and duties under the Constitution.
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The Correct Option is C
Solution and Explanation
The correct Option is (C):The extent of restrictions to be imposed by the State on the exercise of Fundamental Rights
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Question: 3
In the above passage, the Court expresses the limitations on application of ‗All-ornothing‘ approach to the fundamental rights. Which of the following statements truly explains such limitations?
In the above passage, the Court expresses the limitations on application of ‗All-ornothing‘ approach to the fundamental rights. Which of the following statements truly explains such limitations?
Updated On: Jul 11, 2024
- The application of Part-III is subject to the interest of the majority and it overrides the rights of an individual.
- The state may act in derogation of the Fundamental Rights of the people to achieve a higher public good and the social equilibrium.
- The Fundamental Rights of citizens are secondary and the authority of State over its citizens is primary and of utmost importance.
- The above approach is suitable only for the American Constitution as no limitation on rights is mentioned in the text of the Constitution.
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The Correct Option is B
Solution and Explanation
The correct Option is (B):The state may act in derogation of the Fundamental Rights of the people to achieve a higher public good and the social equilibrium.
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Question: 4
In which of the following cases the Supreme Court held that Right to Access Internet is protected under Article 19 of the Indian Constitution?
In which of the following cases the Supreme Court held that Right to Access Internet is protected under Article 19 of the Indian Constitution?
Updated On: Jul 11, 2024
- Anuradha Bhasin v. Union of India.
- Irtiqa Iqbal v. Union of India
- Kapil Sibal v. Union of India
- None of the above.
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The Correct Option is A
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The correct Option is (A):Anuradha Bhasin v. Union of India.
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Question: 5
Which of the following State actions passes the ‗Proportionality Test‘?
Which of the following State actions passes the ‗Proportionality Test‘?
Updated On: Aug 23, 2024
- A complete internet ban for indefinite period in a state effected by terrorism, insurgency and local militia.
- A slowdown of the internet speed in a State, affecting the Right of Free speech and expression and trade, business and occupation
- House arrest of eminent political leaders for an indefinite period
- A complete lockdown in an area effected by militant attacks for an indefinite period.
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The Correct Option is B
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The correct Option is (B):A slowdown of the internet speed in a State, affecting the Right of Free speech and expression and trade, business and occupation
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Question: 6
Which of the following is not an essential, validating the restrictions imposed upon the exercise of Fundamental Rights?
Which of the following is not an essential, validating the restrictions imposed upon the exercise of Fundamental Rights?
Updated On: Jul 11, 2024
- Legality, which postulates the existence of law which is enacted to restrict the application of Fundamental Rights.
- Need, defined in terms of a legitimate State aim.
- Proportionality, which ensures a rational nexus between the objects and the means adopted to achieve them.
- Consequence, which the restriction would ensue after its application.
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The Correct Option is D
Solution and Explanation
The correct Option is (D):Consequence, which the restriction would ensue after its application.
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Question: 7
The Right to Access to the internet is useful for exercising which of the following Fundamental Rights?
The Right to Access to the internet is useful for exercising which of the following Fundamental Rights?
Updated On: Jul 11, 2024
- Freedom of Speech and Expression
- Right to carry out trade, business and occupation
- Right to Life
- All of the above.
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The Correct Option is D
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The correct Option is (D):All of the above.
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Question: 8
Who amongst the following can order for suspension of telecom services in a state underthe Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017?
Who amongst the following can order for suspension of telecom services in a state underthe Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017?
Updated On: Aug 22, 2024
- The Secretary to the Government of India in the Ministry of Home Affairs.
- The Secretary to the Government of India in the Ministry of Information andBroadcasting
- A District Magistrate, exercising his powers under S.144 of the Cr. P. C
- The Chief Secretary to the Government of State in the Ministry of Home Affairs.
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The Correct Option is A
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The correct Option is (A):The Secretary to the Government of India in the Ministry of Home Affairs.
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Question: 9
Which of the following was true prior to \(5^{th}\)August, 2019 in relation to power of the Parliament under Article 3 of the Constitution for the State of Jammu & Kashmir?
Which of the following was true prior to \(5^{th}\)August, 2019 in relation to power of the Parliament under Article 3 of the Constitution for the State of Jammu & Kashmir?
Updated On: Jul 11, 2024
- Any Bill to alter the boundaries of the State shall be introduced in the Parliament after the recommendation of the Governor of the State.
- No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the Legislature of the State.
- No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the Constituent Assembly of the State.
- No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the President.
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The Correct Option is B
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The correct Option is (B):No Bill can be introduced in the Parliament for the alteration of the boundaries of the State without the consent of the Legislature of the State.
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Question: 10
Which of the following is not true in relation to the Jammu and Kashmir Reorganisation Act, 2019?
Which of the following is not true in relation to the Jammu and Kashmir Reorganisation Act, 2019?
Updated On: Jul 11, 2024
- The Act has amended Schedule 1 of the Constitution
- The Act has amended Article 4 of the Constitution
- The Act has amended Schedule 4 of the Constitution.
- None of the above.
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The Correct Option is B
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The correct Option is (B):The Act has amended Article 4 of the Constitution
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