Proportionality test

In one line: The proportionality test asks whether a limit on a fundamental right has a proper aim, actually serves it, is the least restrictive option and is balanced against the harm it causes.

The four steps

1. Legitimate aim: the measure must pursue a proper purpose.
2. Suitability: it must be rationally connected to that purpose.
3. Necessity: no less restrictive measure should achieve the aim equally well.
4. Balancing: the gain must outweigh the harm to the right.

Where it comes from

Indian courts adopted the test in Modern Dental College v. State of Madhya Pradesh (2016), and the nine-judge Bench in K.S. Puttaswamy v. Union of India (2017), the privacy case, made it central to judging restrictions on rights.

Why it is in the news

In the methanol case the Court accepted the aim of preventing hooch deaths but found that dyeing methanol failed the suitability and necessity steps.

Where to go next

• Article 19(1)(g) and reasonable restrictions
• Article 47 and prohibition