WebJun 23, 2024 · Any rule which is applied in an arbitrary fashion could be potentially violative of equality. There is no need to draw parallels. However, the arbitrariness doctrine can be more dangerous as the court may, in order to keep a check on government’s arbitrary actions, goes on to act even more arbitrarily. WebEquality is the antithesis of arbitrariness and ex cathedra ipse dixit is the ally of demagogic authoritarianism. Only...these petitions, the petitioners in the fall of life …
The new concept of equality as an antithesis of arbitrariness was
WebAug 2, 2024 · Article 14, entitled “Equality before law” states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Article 14 therefore, in content can be considered a negative right. WebMar 12, 2024 · The antithesis of equality is discrimination and it is in this sense that ‘arbitrary’ needs to be understood. It was proposed that it would be futile to apply the doctrine of arbitrariness to strike down legislations as it is surrounded by vagueness and must only test the validity of delegated legislation. led philips g4
Understanding Equality Under Article 14 Of The
WebJan 29, 2024 · It was observed, ‘…equality is antithetic to arbitrariness’ [89]. It was further observed, ‘[i]n fact equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch. Where an act is arbitrary it is implicit in it that it is unequal both according ... WebDec 28, 2024 · Propounded the new concept of equality in the following words- “ Equality is a dynamic concept with many aspects and dimensions and it cannot be ‘cribbed, cabined, confined’ within traditional... WebSep 28, 2024 · The main aim of this right is to prevent arbitrariness and unreasonableness, and to encourage non-discrimination. The principles of equality embodied under Article 14 can be best understood under two subheadings, that is, equality before law and equal protection of law. As seen already, fundamental rights have both positive and negative … led phive