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Constitutional Morality requires that restrictions on fundamental rights must satisfy the ______ test: legitimate aim, rational connection, necessity (least restrictive alternative), and balancing of benefits versus harms.
- Wednesbury
- proportionality
- rational basis
- strict scrutiny
Answer: proportionality
Proportionality test in Constitutional Morality: (a) Four-step analysis (evolved through Puttaswamy, Anuradha Bhasin cases): (i) Legitimate aim: Restriction must pursue valid public interest (security, health, morality), (ii) Rational connection: Means must be suitable to achieve aim, (iii) Necessity: No less restrictive alternative available, (iv) Balancing: Benefits of restriction must outweigh harm to rights, (b) Applications: (i) Puttaswamy: Aadhaar authentication balanced privacy vs welfare efficiency, (ii) Anuradha Bhasin: Internet shutdowns balanced security vs free speech, (iii) Reservation cases: Affirmative action balanced equality vs merit, (c) Evolution: From Wednesbury unreasonableness (high deference) to proportionality (intensive scrutiny) for rights-affecting actions, (d) Balance: Enables calibrated rights balancing: state interests weighed against individual rights; ensures restrictions are justified, not arbitrary. Illustrates sophisticated judicial review: respecting policy domain while protecting constitutional values.