Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence
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Ashwita Ambast
Ashwita Ambast studied at the National Law School of India University, Bangalore, and Yale Law School. She is currently a trainee at a law firm in London. The author would like to thank Aharon Barak and Alec Stone Sweet for their guidance and Madhav Khosla for his extensive comments on this piece.
Abstract
The doctrine of proportionality has wide, growing transcontinental application in the realm of constitutional rights adjudication. Indian constitutional law is no exception to this trend. This article documents the use of proportionality analysis by the Indian Supreme Court in cases involving the right to free speech. While it is clear that the proportionality analysis has been employed by the Apex Court, it is argued that the application of the doctrine is partial and inconsistent.
About the author
Ashwita Ambast studied at the National Law School of India University, Bangalore, and Yale Law School. She is currently a trainee at a law firm in London. The author would like to thank Aharon Barak and Alec Stone Sweet for their guidance and Madhav Khosla for his extensive comments on this piece.
© 2017 by Walter de Gruyter Berlin/Boston
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- Table of Contents
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- Erosion of Constitutional Rights in EU Law: A Call for ‘Substantive Co-operative Constitutionalism’
- Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence
- Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States
- The European Court of Human Rights and Transnational Judicial Dialogue
- Notes & Essays
- EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?
- Developments Austria
- ‘No to Meat’-March on Holy Saturday - Freedom of Assembly and the Constitutional Court’s new Standard of Review
- Blackening of Files for Hypo Committee of Inquiry illegal
- Developments CEE
- Constitutional Court of Romania: Religion in Schools
- Constitutional Court of Romania: Constitutionalization of the Obligations under International Treaties and European Union binding Acts
- Slovak Constitutional Court: Citizenship Law in the European Context
- Book Reviews
- Review Essay: Jeff King, Judging Social Rights, Cambridge University Press, 2012, ISBN 9781107 400 320, 370 pp.
Articles in the same Issue
- Table of Contents
- Articles
- Erosion of Constitutional Rights in EU Law: A Call for ‘Substantive Co-operative Constitutionalism’
- Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence
- Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States
- The European Court of Human Rights and Transnational Judicial Dialogue
- Notes & Essays
- EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?
- Developments Austria
- ‘No to Meat’-March on Holy Saturday - Freedom of Assembly and the Constitutional Court’s new Standard of Review
- Blackening of Files for Hypo Committee of Inquiry illegal
- Developments CEE
- Constitutional Court of Romania: Religion in Schools
- Constitutional Court of Romania: Constitutionalization of the Obligations under International Treaties and European Union binding Acts
- Slovak Constitutional Court: Citizenship Law in the European Context
- Book Reviews
- Review Essay: Jeff King, Judging Social Rights, Cambridge University Press, 2012, ISBN 9781107 400 320, 370 pp.
