Proportionality

Notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

Modern notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

Modern notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

Notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

Punishment must fit the crime.

Punishment should correspond to the offence.

Such is where the general concept of proportionality is invoked as a test requiring decision maker to achieve fair balance.

Concept of proportionality means whether while regulating exercise of Fundamental Rights, appropriate or least restrictive choice of measure has to be made by Legislature or administrator so as to achieve objective of legislation or purpose of administrative order, as the case may be

Under said principle, court has to see that Legislature and administrative authority maintain a proper balance between adverse effects which legislation or administrative order may have on rights, liberties or interest of persons keeping in mind purpose which they were intended to serve

Legislature and administrative authority are given an area of discretion or range of choices but as to whether choice made infringes right excessively or not is for the court.

According to doctrine of proportionality, only reasonable restrictions can be imposed which have been provided in law, otherwise, it falls within concept of unreasonableness

Authority which exercises its powers should consider such aspect on rational basis and should adopt such means not to injure individuals more than necessary

Any such injury caused to individuals, by exercise of authority, should not be disproportionate to benefit which accrued to general public.

Even in such circumstances permanent debarment from future contracts for all times to come may sound too harsh and heavy a punishment to be considered reasonable, firstly because the contractor was supplying bulk of its manufactured products to the company, and secondly because the excess amount received by it had already been paid back

Court declined to determine the time period for which the contractor should be blacklisted and remitted the matter back to the competent authority to do the same having regard to the attendant facts and circumstances

Appeal was allowed accordingly.

Laws could restrict human rights, but only in order to make conflicting rights compatible or to protect the rights of other persons or important community interests

Any restriction of human rights not only needs a constitutionally valid reason but also needed to be proportional to the rank and importance of the right at stake

"Reasonable restriction" or any sub-constitutional limitation or law; on a constitutional fundamental right must also flow from the Constitution to protect lawful rights and interests of the others or the society at large

"Law" or "reasonable restrictions" in pith and substance must promote and advance fundamental rights of the community at large in order to qualify as a limitation to override the fundamental rights guaranteed to an individual under the Constitution

"Law" or the "reasonable restrictions" must be fashioned to uphold the constitutional themes of democracy, freedom, equality, tolerance, social justice and advance the principles of policy under the Constitution

Roots of sub-constitutional limitation ("law" or "reasonable restrictions") must be grounded in the Constitution itself, only then can they possess the constitutional character and strength to take away the Fundamental Rights of an individual.