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  • Manifest Arbitrations - The concept of manifest arbitrariness applies to invalidate both legislation and subordinate legislation under Article 14 of the Constitution. There is no rational distinction between the two when challenging on the ground of arbitrariness; if a law is excessive or disproportionate, it can be deemed manifestly arbitrary. In the context of Triple Talaq, applying this test indicates that the practice may be challenged as manifestly arbitrary due to its disproportionate impact and potential violation of constitutional principles Shayara Bano VS Union of India - Supreme Court.

  • Analysis and Conclusion - The application of the manifest arbitrariness standard suggests that laws or practices like Triple Talaq could be invalidated if found to be excessive, disproportionate, or arbitrary, aligning with constitutional protections under Article 14. This underscores the importance of rationality and proportionality in legislative and executive actions concerning personal laws and practices.

Search Results for "Manifest Arbitrations Rohinton Talaq"

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