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.
Moreover, how do you prove arbitrariness?
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.
Also, what does arbitrary mean in law?
When used in reference to a judge’s ruling in a court case, arbitrary means based on individual discretion rather than a fair application of the law. For example, finding someone guilty of a crime simply because they have a beard would be an arbitrary decision.
What is arbitrariness in linguistics?
Arbitrariness in human language refers to the fact that the meaning of linguistic signs is not predictable from its word form, nor is the word form dictated by its meaning/function. It is not possible to deduce the underlying meaning from its word form.
What is arbitrary classification?
adj. 1 founded on or subject to personal whims, prejudices, etc.; capricious. 2 having only relative application or relevance; not absolute. 3 (of a government, ruler, etc.) despotic or dictatorial.
What is arbitrary executive 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 Article 12 of the Indian Constitution?
Article 12 defines the term ‘state’ it says that-Unless the context otherwise requires the term ‘state’ includes the following – 1) The Government and Parliament of India that is Executive and Legislature of the Union. 2) The Government and Legislature of each states.
What is Article 21 of the Indian Constitution?
No person shall be deprived of his life or personal liberty except according to procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.
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 doctrine of severability?
The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.
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.
What is reasonable nexus?
The rational nexus means the logical relation between an action and effect; which is understandable by a prudent man.
What is the test for Article 14?
The “classification test”, as everyone knows, required that in order for a law to pass Article 14 scrutiny, there must exist (a) an intelligible differentia between the individuals or groups that are subjected to differential treatment, and (b) a rational nexus between that differentia and the State’s purpose in …
What is twin test in Constitution?
It means the state cannot discriminate between persons through state action; otherwise such a state action becomes void in light of the fundamental right guaranteed under the article.