Balancing Liberty and Legality: The Expanding Horizon of the Doctrine of Proportionality in Indian Administrative Law after Puttaswamy

Author(s)	Dr. Swarup Mukherjee
Country	India
Abstract	The doctrine of proportionality, once a peripheral concept in Indian administrative law, has become a cornerstone of constitutional adjudication following the landmark Justice K.S. Puttaswamy (Retd.) v. Union of India decision (2017). Rooted in principles of fairness, necessity, and balance, proportionality now serves as a crucial standard for assessing the legitimacy of State action affecting individual rights. This article explores the evolution of the doctrine in India, its philosophical underpinnings, and its transformation from a limited tool for administrative review to a constitutional safeguard of fundamental rights. It analyzes judicial trends post-Puttaswamy—including decisions on data privacy, national security, and public health—highlighting how proportionality has become the axis around which the balance between individual liberty and governmental authority revolves. The article concludes by identifying future challenges in operationalizing proportionality within India’s pluralistic and rights-oriented jurisprudence.
Keywords	Doctrine of Proportionality, Puttaswamy, Administrative Law, Fundamental Rights, Judicial Review, Privacy, Reasonableness, Constitutionalism, Indian Judiciary, Rule of Law
Published In	Volume 16, Issue 4, October-December 2025
Published On	2025-11-16
DOI	https://doi.org/10.71097/IJSAT.v16.i4.9423
Short DOI	https://doi.org/hbbmzx

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