Live Law
2026-05-06 06:58:30
Khambata: The best way of balancing is the european court of justice judgment. In electoral bonds case, there was conflict of two fundamental rights, mylords adopted double proportionality test- and you held-“the Court while balancing between two fundamental rights must identify the precise interests”
1. Does the Constitution create a hierarchy between the rights in conflict? If yes, then the right which has been granted a higher status will prevail over the other right involved. If not, the following standard must be employed from the perspective of both the rights where rights A and are in conflict?
CJI: we have to follow if we agree there is perceived conflict, speaking for myself I don't agree there is a conflict.

