AI Overview...
- Arbitraryness - Main points and insights:
- Arbitrary decisions lack adherence to established principles or rules, making them unpredictable and inconsistent with the rule of law (Source: 01700024389).
- Arbitrary actions are antithetical to the constitutional scheme, undermining equality and fairness as mandated by Article 14 of the Indian Constitution (Source: 00200013137).
-
Courts have emphasized that governmental decisions must be made within legal bounds; deviations lead to arbitrary conduct, which the judiciary seeks to prevent to uphold justice and constitutional values (Sources: 01700024389, 00200013137).
-
Analysis and Conclusion:
- Arbitrary decision-making undermines the rule of law by introducing unpredictability and bias, which contravenes constitutional mandates for fairness and equality.
- The doctrine of promissory estoppel exemplifies how courts mold equitable principles to mitigate harshness of strict law, emphasizing that justice must be administered within legal boundaries.
- Ultimately, arbitrariness is incompatible with the principles of legality, fairness, and equality that form the foundation of a democratic and constitutional system, making it the antithesis of law.
Search Results for "Arbitrayness is Antithesis to Law"
1997 0 Supreme(Raj) 632 • India - Rajasthan
R.R.YADAV
(a) Doctrine of Promissory estoppel – Explained – This doctrine is meant to keep the scale of justice even by the courts of law and ... to do effective and complete justice between the parties, mitigating the rigour of strict law – Doctrine of promissory estoppel ... is an equitable doctrine evolved by courts of law therefore it can be moulded by courts, making it suitable to the facts and circumstance ... In distributing largesses to citizens or among its employees all Government activities after making the Rules or without making Rules ....
1993 0 Supreme(Raj) 575 • India - Rajasthan
G.S.SINGHVI
If a decision is taken without any principle or without any rule it is unpredictable and such a decision of the antithesis of a decision taken in accordance with the rule of law." ... ... 23. ... This is the surest way to ensure the majesty of rule of law guaranteed by the Constitution of India. ... In a system governed rule of law, discretion, when conferred upon executive authorities, must be continued within clearly defined limits. ... The Supreme Court found that the High Court had ignored material facts while comin....
1996 0 Supreme(AP) 867 • India - Andhra Pradesh
B.S.A.SWAMY
The Supreme Court time and again held that arbitraryness in antithesis to the scheme of the constitution and ensures equality and fairness to all the citizens in governmental actions as envisaged under Article 14 of the Constitution of india. ... This is one of the most important functions of the Court and also one of the most essential for preservation of the rule of law. ... Itisimperative in a democracy governed by the rule of law that governmental action must be kept within the limits of the law and....
