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ICL Journal

Vienna Journal on International Constitutional Law

Editor-in-Chief: Bezemek, Christoph / Eberhard, Harald / Fuchs, Claudia

4 Issues per year

Online
ISSN
1995-5855
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Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence

Ashwita Ambast
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Published Online: 2017-02-08 | DOI: https://doi.org/10.1515/icl-2015-0303

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.

Keywords: Proportionality; India; Constitutional Law; Freedom of Expression

About the article

Ashwita Ambast

Ashwita Ambast studied at the National Law School of India University, Bangalore, and Yale Law School. She is currently a trainee at a law firm in London. The author would like to thank Aharon Barak and Alec Stone Sweet for their guidance and Madhav Khosla for his extensive comments on this piece.


Published Online: 2017-02-08

Published in Print: 2015-09-01


Citation Information: ICL Journal, ISSN (Online) 1995-5855, ISSN (Print) 2306-3734, DOI: https://doi.org/10.1515/icl-2015-0303.

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