SHORT ANSWER:
The principles of proportionality and necessity are used by Indian courts to ensure that laws and actions do not exceed what is required to achieve a legitimate aim.
DETAILS:
- Proportionality ensures that the means used to achieve a goal are appropriate and not excessive.
- Necessity requires that actions taken are essential to achieve the intended objective.
- These principles are often applied in cases involving fundamental rights under the Constitution of India.
PUNISHMENT / IMPLICATIONS (if applicable):
- If a law or action is found to violate these principles, it may be declared unconstitutional or invalid.
SOURCE:
- Constitution of India, Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty).
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