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
DOI
Access Status
This content is available to Open Access.
To download content simply use the links provided under the Files section.
More information about licence and terms of use for this content is available in the Rights section.
Type
Article
Date
2020-03
Journal Title
Indian Journal of Law and Justice
Journal Editor
Chakraborty, Gangotri
Journal ISSN
Volume Title
Publisher
University of North Bengal
Statistics
Total views and downloads
Views
100Downloads
147Citation
Debnath, D. (2020). 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. Indian Journal of Law and Justice, 11(1, Part-I), 104–119. https://ir.nbu.ac.in/handle/123456789/3976
Authors
Debnath, Dipankar
Advisor
Editor
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.
Description
Citation
Accession No
Call No
Book Title
Edition
Volume
ISBN No
Volume Number
11
Issue Number
1, Part-I
ISSN No
0976-3570
eISSN No
Pages
Pages
104 - 119