Om Kumar v. Union of India

(2001) 2 Supreme Court Cases 386Supreme Court of India2001Administrative Law

Rule established

Dual standard: proportionality applies where fundamental rights are engaged; Wednesbury applies for other administrative decisions

Facts

Government officer challenged compulsory retirement order under FR 56(j)
Challenge raised both fundamental rights (Art.14: arbitrary) and administrative law grounds
Court examined whether Indian law should adopt proportionality as a general standard or retain Wednesbury

Issues

Whether Indian courts should adopt proportionality as the standard of judicial review?
What is the relationship between proportionality and Wednesbury in Indian administrative law?

Held

India adopts a dual standard (not replacing Wednesbury with proportionality entirely):
Where fundamental rights (Art.14/19/21) are directly engaged: proportionality applies; court examines whether restriction is proportionate to legitimate aim (necessity + balance)
Where no fundamental rights involved: Wednesbury applies; court intervenes only if decision is so unreasonable that no rational authority could reach it
Proportionality is a stricter standard (examines necessity and alternatives); Wednesbury is more deferential
Both co-exist in Indian administrative law depending on context

Ratio Decidendi

The intensity of judicial review varies with what is at stake. When fundamental rights are threatened by administrative action, courts must examine whether the interference is proportionate: are there less restrictive alternatives? Is the measure necessary? Is the balance between individual harm and public benefit acceptable? But for routine administrative decisions not engaging constitutional rights, the deferential Wednesbury standard preserves administrative autonomy and expertise.

How to use it in an exam

Deploy in questions on proportionality, Wednesbury, standard of review, fundamental rights and administrative law.
Key line: "Where administrative action infringes a fundamental right, the court will apply proportionality. Where no fundamental right is involved, the Wednesbury test of unreasonableness applies."
Part B (15 marks): Central authority for comparing proportionality and Wednesbury. Use table format showing when each applies.

Source

Source: Massey, Administrative Law

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.