10 July 2018
Sir is Doctrine of Proportionality is valid in Indian Courts ? what is the brief meaning of this Term Doctrine of proportionality? and we have a case of paper leakage in haryana which was dismissed by single bench and Now LPA has to be filled, as per the vigilence report their are only 2 tainted candidates found in the investigation out of 205posts. Can this Doctrine of Proportionality be applied in this case by Double bench in LPA
11 July 2018
Proportionality The classical definition of proportionality has been given by none other than Lord Diplock when his Lordship rather ponderously stated “you must not use a steam hammer to crack a nut if a nut cracker would do” Thus proportionality broadly requires that government action must be no more intrusive than is necessary to meet an important public purpose. It has nothing to do with numbers.