Wednesbury Reformulated: Proportionality and the Supreme Court of India

Oxford University Commonwealth Law Journal, Vol. 13, No. 1, 2013, pp. 191-208

26 Pages Posted: 13 Nov 2013  

Abhinav Chandrachud

Stanford Law School

Date Written: November 11, 2013

Abstract

In a case decided in the year 2000, the Supreme Court of India held, for perhaps the first time in its history, that the proportionality doctrine could be used to test the validity of certain kinds of administrative decisions. However, in subsequent cases, in an ostensible exercise of the new proportionality doctrine, the Supreme Court of India has continued only to apply the old doctrines of judicial review with which it is most familiar, particularly the doctrine of Wednesbury unreasonableness. By empirically investigating a group of cases in which the “proportionality” doctrine has most commonly been used by the Supreme Court of India – public sector employment cases – this paper argues that the proportionality doctrine in India is not really what it is elsewhere. A polished version of this paper was published in the Oxford University Commonwealth Law Journal in 2013.

Keywords: proportionality, Supreme Court of India

Suggested Citation

Chandrachud, Abhinav, Wednesbury Reformulated: Proportionality and the Supreme Court of India (November 11, 2013). Oxford University Commonwealth Law Journal, Vol. 13, No. 1, 2013, pp. 191-208. Available at SSRN: https://ssrn.com/abstract=2353211

Paper statistics

Downloads
433
Rank
52,340
Abstract Views
1,599