Chandrachud Chintan, Proportionality, Judicial Reasoning and the Indian Supreme Court

Through the prism of the Indian Supreme Court's judgment in Koushal v Naz Foundation, this article considers whether it is reasonable to apply the 'reasonableness' standard of review in an age of proportionality review. It makes two broad claims. First, the Indian Supreme Court does not currently apply proportionality review, but only takes proportionality-type considerations into account while applying reasonableness review. Second, unlike reasonableness review, proportionality review mitigates the possibility of errors that represent a failure of the duty to give reasons for judgment.