Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
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.