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Proportionality vs. Wednesbury

Constitutional & Public Law Doctrines

Definition

The procedural evolution in Indian administrative law where the traditional, deferential Wednesbury test (applied to ordinary administrative discretion) is replaced by the stricter Proportionality test whenever Fundamental Rights are infringed by State action.

Example

While reviewing a zoning permit denial, the court applies Wednesbury deference; but while reviewing an administrative internet blackout affecting citizen speech under Article 19(1)(a), the court applies the strict four-prong proportionality test.