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Record W7165390870 · doi:10.61238/ijcl.2021.10.1.03

Proportionality and Burden of Proof: Constitutional Review in India

2021· article· W7165390870 on OpenAlex
Shruti Bedi

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueIndian Journal of Constitutional Law · 2021
Typearticle
Language
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsnot available
Fundersnot available
KeywordsProportionality (law)Supreme courtBurden of proofDeferenceStandard of reviewConstitutional lawJudicial reviewSkepticism

Abstract

fetched live from OpenAlex

The proportionality test, after originating in German administrative law and in Canada, has received enormous success the world over in the area of constitutional rights adjudication. Burden of proof is an important aspect of any area of law, as it has a decisive effect on the outcome of cases. Under constitutional law, as a part of the proportionality principle, it impacts the protection of constitutional rights. This paper seeks to examine the role of the principle of proportionality both in doctrinal discussion and in sceptical accounts of the Supreme Court of India’s emphasis on the principle, specifically from the perspective of burden of proof. I scrutinize Justice Barak’s analysis of burden of proof as a part of the necessity stage of the proportionality test and then illustrate the divergence in court practice in India. I conclude that although the Supreme Court recognises proportionality as the new standard of review, the inconsistency in its application, specifically on burden of proof, and the attitude of deference to the State result in insufficient protection against rights violations.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.002
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies, Insufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.934
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0030.002
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0000.001
Science and technology studies0.0010.033
Scholarly communication0.0000.001
Open science0.0000.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0010.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.026
GPT teacher head0.305
Teacher spread0.279 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it