Doctrine of manifest arbitrariness

Polity & Governance glossary

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.

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