It is now too well-settled that every state action, in order to survive, must not be susceptible to the vice of arbitrariness which is the crux of article 14 of the without any principle or without any rule it is unpredictable and such a decision is the antithesis of a decision taken in accordance with the rule of law. From a positivistic point of view, equality is antithesis to arbitrariness in fact equality and arbitrariness are sworn enemies one belong to the rule of law in public while the other, to the whim and caprice of the absolute monarch where an act is arbitrary, it is implicit in it that it is unequal both according to. In linguistics, arbitrariness is the absence of any natural or necessary connection between a word's meaning and its sound or form an antithesis to sound symbolism, which does exhibit an apparent connection between sound and sense, arbitrariness is one of the characteristics shared between all. Exception: article 361 of the constitution provides that the president and the governors shall not be answerable to any court the blind folded lady signifies that everyone is equal before the law, including the government of a state, and it ensures that equality is antithesis to arbitrariness of the state thank you for reading my. Om oil and oilseeds exchange vs union of india and ors on 19 january, 1977 executive action as well it is contended that arbitrary action is justiciable in india only because it contained therefore, has a built-in safeguard against arbitrary action arbitrary action is a complete antithesis of the rule delhi high court. Law, arbitrariness and ethics of those regimes against which the doctrine is presently directed out of this same antithesis, moreover, may arise disputes as to whether men are creatures or creators of law and therein are hidden constant dangers of ambiguity finally, it is above all the ideas of a rule of law.
Do you agree with the view that equality is antithesis of arbitrariness in fact equality and arbitrariness are sworn enemies comment critically ans: right to equality guaranteed in art 14 is a guarantee of equality before law and the equal protection of law earlier, it was seen only as protection against. Arbitrariness is the antithesis of art 14 equality and arbitrariness are sworn enemies art 14 strikes at arbitrariness in state action and ensures fairness and equity of treatment statute based on a reasonable classification does not become invalid merely because the class to which it applies consists of only. Rule of law & access to justice brooding and omnipotent rule of law drowning in its effervescence the emergency provisions of the constitution” justice hr khanna, however, did not agree with the majority view in a powerful dissent, his lordship observed: “rule of law is the antithesis of arbitrariness.
However, it a fundamental principle of administrative law, that discretionary power must be exercised as per the rule of law, which is the very antithesis of arbitrariness the law is not only derived through the arcana of case laws, but also through the practice of conventions it is only just to demand that cases. India did not borrow these models but conspicuously went for building the safeguards in each legislation indian courts have formulated norms of administrative discipline, conditioned by the guarantee of fundamental rights arbitrariness is the antithesis of equality before law and equal protection of laws. “rule of law is the antithesis of arbitrarinessrule of law is now the accepted norm of all civilized societieseverywhere it is identified with the liberty of the individual it seeks to maintain a balance between the opposing notions of individual liberty and public order” in bachhan singh v state of.
The evolution s of due vai process lof law by the supreme su p r em bu t n o t i nf alli : ess a yi andhyarujina though arbitrary actions are ordinarily equality violative 29 the proposition that equality is antithetical to arbitrariness needs of equality 28 air 1981 sc 487 air 1978 sc 597 state of west bengal v. Come to be established, as a further corollary, that the audi alteram partem facet of natural justice is also a requirement of article 14, for natural justice is the antithesis of arbitrariness in the sphere of public employment, it is well settled that any action taken by the employer against an employee must be fair.
In a powerful dissent, justice hr khanna observed that “rule of law is the antithesis of arbitrarinessrule of law is now the accepted form of all civilized societieseverywhere it is identified with the liberty of the individual it seeks to maintain a balance between the opposing notions of individual liberty and public order. Positivistic point of view, equality is antithesis to arbitrariness the conclusion is that if the action of state is arbitrary, it is implicit in it that it is unequal and therefore violative of art 14 article-14 strikes arbitrariness in state action and ensures fairness and equality of treatment the basic postulates of rule of law is that justice. Rule of law is the antithesis of arbitrariness [it is accepted in all civilised societies it has come to be regarded as a mark of free society it seeks to maintain a balance between the opposing notions of individual liberty and public order] justice hr khanna this dissenting view ultimately cost justice.
The hillary clinton e-mails caper had revealed the arbitrariness of this once-solid protocol the fbi now seemed to speak publicly, or refrain from doing so, based solely on comey's subjective sense of “the public interest” from where trump sat, this was not about protocol there was nothing but comey. When arbitrariness is permitted, it is empty rhetoric to maintain that it is not author- ized but such discussion leads us on false trails, for the point is that congress and the courts employ discretion as the antithesis of abuse of discretion so that an exception for discretion cannot ex- empt its abuse that antithesis is. Discretion affords indispensable flexibility and responsiveness so as to modulate public policy in ways that are feasible and permissible morally, scientifically and so on but it harbours no principle of constraint on infeasible or impermissible outcomes untrammelled discretion risks arbitrariness, 'the antithesis of rationality '.