Proportionality review and economic and social rights in India

This article sheds light on three questions: (1) must we apply proportionality review in cases involving economic and social rights recognized under Article 21 of the Constitution of India 1950? (2) If so, how do we apply proportionality review in these cases? And (3) how will this impact the content of these rights and the corresponding obligations placed on the state? The article focuses on the right to housing in India. It argues that courts must apply the proportionality standard of review to check limitations on the right to housing. Applying this standard of review will change the all-things-considered content of the right to housing as beyond conditional, requiring provision of alternate accommodation in all eviction cases that result in homelessness. This article fills a gap in legal doctrine and research with regards to the possibilities for economic and social rights jurisprudence in the age of proportionality.