Rethinking- “Non-Arbritariness”
This paper examines the relationship between non-arbitrariness and Article 14 of the Constitution. It contends that the traditional test of reasonable classification incorporates a component of non-arbitrariness which has been overlooked in academic literature and case law. The paper argues that the test of reasonable classification should be revisited and recalibrated to meet the normative demands of Article 14. Finally, the paper attempts to demarcate the scope of non-arbitrariness review under Article 14 with respect to the nature of state action.
Source: http://nludelhi.ac.in/download/publication/2017/NLUD%20-%20SLJ%
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Shankar Narayanan
