Proportionality in Indian and South African Review Jurisprudence – A Comparative Analysis

Abstract The present article is a comparative study of the proportionality practices of the Supreme Court of India and the Constitutional Court of South Africa. It compares the proportionality practices of the apex courts of both countries under different categories some of which are the components of proportionality itself. that the proportionality practices of the Supreme Court, while similar in many respects to that of Constitutional Court of South Africa, suffers from the lack of a uniform proportionality standard. The argument, in part, is based on the Supreme Court’s insistence in treating proportionality as modern version of existing review procedures. The court still uses the principle in unison with pre-existing review procedures, and this, in effect has curtailed the review potential of the principle.