Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:
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?
Options:
'reasonableness'
'legitimate expectation'
'proportionality'
'fairness'
Correct Answer:
'proportionality'
Explanation:
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.