Accessible Requires Authentication Published by De Gruyter February 8, 2017

Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence

Ashwita Ambast
From the journal ICL Journal

Abstract

The doctrine of proportionality has wide, growing transcontinental application in the realm of constitutional rights adjudication. Indian constitutional law is no exception to this trend. This article documents the use of proportionality analysis by the Indian Su­preme Court in cases involving the right to free speech. While it is clear that the proportionality analysis has been employed by the Apex Court, it is argued that the application of the doctrine is partial and inconsistent.

Published Online: 2017-2-8
Published in Print: 2015-9-1

© 2017 by Walter de Gruyter Berlin/Boston