Doctrine of manifest arbitrariness
Also called: Arbitrariness doctrine, New doctrine of equality · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
This doctrine says that a clearly arbitrary law or State action breaks Article 14 (equality before law). "Arbitrary" means unfair and without good reason. It began in E.P. Royappa (1974), where the Court said "equality and arbitrariness are sworn enemies". It is called the "new test" of equality because it goes beyond the older test of reasonable classification.
Example
In Shayara Bano (2017), the Supreme Court struck down instant triple talaq as manifestly arbitrary. In Joseph Shine (2018), it struck down the crime of adultery (IPC s.497) on the same ground.
Don't confuse with
- Reasonable classification: this older test only asks whether a law's grouping of people rests on a real difference that has a rational link to the law's aim. Manifest arbitrariness asks whether the law is plainly unfair.
Related concepts
- Right to equality
- Equality before law
- Equal protection of laws
- Reasonable classification
- Principles of natural justice