Introduction. Any act founded on prejudice or preference, rather than on reasons or facts, is arbitrary. … As things stand post the judgement in ShayaraBano5 case, “manifest arbitrariness” would essentially be something done by the legislature “capriciously, irrationally and/or without adequate determining principles.
In respect to this, can Article 14 be amended?
The Supreme Court believes that the rule of law written under Article 14 is the fundamental element of the Constitution. Therefore it cannot be abolished in any way even by amending the Constitution.
Then, is Article 14 an absolute right?
Rights under Article 14 are absolute. These two fundamental rights are not exclusive to the citizens of India but to “any person”.
What are arbitrary laws?
Requirement of fairness in State action–Arbitrariness very negation of rule of law–Contractual obligation cannot divest state of fairness … follows, that an act uninformed by reason, is arbitrary. Rule of law contemplates governance by laws and not by humour. Supreme Court of India.
What does palpably wrong mean?
The term palpable usually refers to some type of egregious wrong, such as a governmental error or abuse of power.
What is arbitrariness in Constitution?
Arbitrariness occurs when the classification is made without any specific reason, and the likes are not treated alike. If Article 14 makes classification arbitrarily, then it amounts to be discriminatory in nature which proves to go against the very nature of our constitution.
What is arbitrariness test?
The doctrine of arbitrariness deals under Article 12 of the Constitution of India. Article 12 of the Constitution allows classifying the person for the application of law and not to differentiate their rational relationship to be achieved by law which otherwise leads to the violation.
What is arbitrary executive action and arbitrary legislative action?
From the foregoing, arbitrary executive action means an arbitrary action without the sanction of any law. Arbitrary legislative action is an arbitrary action which has the sanction of the law.
What is doctrine of non arbitrariness?
Article-14 and doctrine of non-arbitrariness are two equal ideas in which a State should treat every individual equally and can just separate between them based on the trial of sensible classification, i.e., those residents who are diverse in their physical appearance, thinking and investigative abilities, and so forth …
What is intelligible differentia?
The expression “intelligible differentia” means difference capable of being understood. A factor that distinguishes or in different state or class from another which is capable of being understood.
What is non arbitrary?
Definitions of nonarbitrary. adjective. not subject to individual determination. synonyms: unarbitrary prescribed. set down as a rule or guide.
What is palpable arbitrariness?
unless the classification made can be termed to be palpably arbitrary, it must be left to the legislative wisdom … unless the classification made can be termed to be palpably arbitrary, it must be left to the legislative wisdom. Supreme Court of India. Cites 17 – Cited by 75 – Full Document. Mahanadi Coalfields Ltd.
What is procedural arbitrariness?
A general theory of domination and justice. Oxford: Oxford University Press. [Crossref], [Google Scholar]) refers to as a ‘procedural’ account of arbitrariness: broadly speaking, power is arbitrary when its use is unconstrained by effective, common-knowledge rules.