A Critical Evaluation of Doctrine of Proportionality in Administrative Law

  • Dhriti Anil Kawale
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  • Dhriti Anil Kawale

    Student at University of Mumbai Law Academy, India

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The paper talks about administrative law which is a heuristic discipline that promotes anti-authoritarianism and aims to create a society governed by the rule of law. It focuses on the legal aspects of administration and the principles underpinning administrative systems. The field of study expanded rapidly in the 20th century, particularly in India. It encompasses the functions and powers of administrative authorities, civil service, public departments, and quasi-judicial entities. It also emphasis on the changes and evolution of the two main doctrines of administrative law that id doctrine of proportionality and due process of law. The doctrine of proportionality is a principle used in statutory interpretation to ensure fairness and justice. It requires actions taken by the administration or legislative bodies to be less severe to achieve desired results, maintaining a balance between administration's goals and public interest, while minimizing individual rights impact. Therefore, it can be seen that Wednesbury's unreasonableness is being replaced by proportionality, a stricter approach to decision-making. This doctrine, delegated to Indian courts, aims to restrain administrative bodies from exceeding reasonability and arbitrariness. The Court's responsibility is to uphold the body's position, but the doctrine's purpose is to govern actions within existing legal principles, protecting citizens' rights and advancing the legal system. Adopting proportionality is crucial to prevent unnecessary reliance on steam hammers.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 1643 - 1649

DOI: https://doij.org/10.10000/IJLMH.116308

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