Practicing Success
Judicial review offers safeguards to the aggrieved against any sentence or punishment that is disproportionate and burdensome. Which doctrine is being followed by the Higher Courts in such cases? |
'reasonableness' 'legitimate expectation' 'proportionality' 'fairness' |
'proportionality' |
Essentially, judicial review offers safeguards to the aggrieved against any sentence or punishment that is disproportionate and burdensome. For example, Supreme Court, in a case, has held that the quantum of penalty or punishment sentenced by a court martial on any army persons should not be disproportionate to the offence. |