Important for UPSC Prelims – Polity & Governance |
About Proportionality Principle
- The Proportionality Principle requires that any restriction imposed by the State on individual rights must be necessary, suitable and proportionate to the objective sought to be achieved.
- It prevents the State from using excessive or arbitrary measures when a less restrictive alternative can achieve the same legitimate objective.
Key Features of the Proportionality Principle
1. Legitimate State Objective
- Any restriction on fundamental rights must pursue a legitimate public purpose, such as public order, national security or protection of others.
- State action cannot be justified merely on the basis of administrative convenience.
2. Necessity and Suitability
- The measure adopted must be suitable for achieving the intended objective and genuinely necessary.
- If a less restrictive measure can achieve the same purpose, excessive State action may fail the proportionality test.
3. Balancing Rights and Public Interest
- Proportionality seeks to balance individual freedoms with legitimate State interests.
- In policing, force must therefore correspond to the level and immediacy of the threat.
4. Minimum Necessary Restriction
- The State should impose the least restrictive measure necessary to achieve its objective.
- For example, during protests, authorities should generally prefer dialogue, negotiation and non-lethal measures before resorting to lethal force.
5. Judicial Review and Accountability
- Courts can examine whether State action imposes an excessive burden on fundamental rights.
- The principle therefore acts as a safeguard against arbitrary exercise of executive power.
Why is the Proportionality Principle Important?
- Fundamental Rights: Protects citizens from excessive restrictions on constitutional freedoms.
- Rule of Law: Ensures that State power is exercised within constitutional limits.
- Democratic Governance: Balances public interest with individual liberty.
- Police Accountability: Requires force to be necessary, proportionate and justified by the threat.
- Judicial Review: Provides courts with a framework to scrutinise restrictions on fundamental rights.
- Good Governance: Promotes reasonableness, restraint and citizen-centric exercise of State power.
Conclusion
The Proportionality Principle ensures that the State does not use more power than necessary to achieve a legitimate objective. In democratic governance, it acts as a bridge between effective State action and protection of individual liberty.
| This Concept has been discussed in the following article: What can be done to regulate Police Use of Sophisticated Weapons During Protests? |