The Principle of Proportionality, A Tool to Restrict Administrative Carte Blanche: An Analysis of the Principle with Special Reference to restricted Internet Availability in Jammu and Kashmir

Abstract

An ongoing debate on the administrative supremacy and principle of proportionality in the backdrop of the orders made by the government of the Union Territory of Jammu and Kashmir suppressing the internet facilities for an indefinite period depriving the citizens of the 'paradise on earth' various fundamental rights has triggered on, once again, the conflicting issue between the administrative arbitrariness and the impact of the principle on such arbitrary action. Although, a writ petition in connection with the same has recently been rejected by the Hon'ble Supreme Court on the ground of warranted situation prevailing in the valley, however, the deprivation of various fundamental rights to the people living, raise this question whether the decision was made complying with the principle of proportionality? This research work has made an attempt to look into the necessity of such order in the light of the four-pronged test of the principle of proportionality.