‘Arbitrariness and equality are sworn enemies”. Explain.

Question: ‘Arbitrariness and equality are sworn enemies”. Explain. [UPJS 2003]

Find the answer to the mains question only on Legal Bites. [‘Arbitrariness and equality are sworn enemies”. Explain.

Answer

Equality is one of the magnificent cornerstones of Indian democracy and the Indian Constitution guarantees the right to equality vides Articles 14 to 18. The doctrine of equality before the law is a necessary corollary of the Rule of Law which pervades the Indian Constitution by guaranteeing equality before laws and equal protection of laws to all persons.

The Supreme Court of India in its landmark verdict of E.P. Royappa v. State of Tamil Nadu (AIR 1974 SCC 555) case has opined that Arbitrariness and equality are sworn, enemies. The Constitutional bench in this case held that Equality is a dynamic concept with many aspects and dimensions and it cannot be “cribbed cabined and confined” within traditional and doctrinaire limits.

It further said that from a positivistic point of view, equality is antithetic to arbitrariness. In 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 monarchy.

Where an act is arbitrary it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14. On the basis of this new theory, many decisions were made by the Supreme Court.

Therefore, Article 14 strikes at arbitrariness in state action and ensures fairness and equality of treatment. The principle of reasonableness which legal as well as philosophically, is an essential element of equality or non-arbitrariness pervades Article 14 and the procedure contemplated by Article 21 must answer the test of reasonableness and non-arbitrariness in order to be in conformity with Article 14. It must be right and just and fair and not arbitrary, fanciful, or oppressive.

In the matter of Shrilekha Vidyarthi v. State of Uttar Pradesh, the Apex court observed that: It can no longer be doubted at this point that Article 14 of the Constitution of India applies also to matters of governmental policy and if the policy or any action of the government, even in contractual matters, fails to satisfy the test of reasonableness, it would be held unconstitutional.

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