Prohibition of Arbitrariness Under Article 14: A Study of Judicial Trends
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Date
2025-06
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National Law University and Judicial Academy, Assam
Abstract
Article 14 of the Constitution of India provides for equality before law and equal protection
of law. When giving meaning to Article 14, the Supreme Court has extended the domain of
arbitrary state action to additionally include a prohibition on state action that is
characterized by arbitrariness. This extension which guarantees the prohibition on
arbitrariness, while intended to promote fairness, has, to some extent, introduced problems
of clarity and consistency of application. It is problematic that there is not a precise,
universally accepted concept for identifying and measuring arbitrariness, because it could
lead to inconsistency in judicial application or arbitrary conclusions that violate the equality
principle. This study will explore the judicial development of the prohibition of arbitrariness
in the context of Article 14, the implications for the equality principle, and the implications
for legal certainty in India.
Description
Dissertation submitted to National Law University and Judicial Academy, Assam in partial
fulfilment for award of the degree of
MASTER OF LAWS/
ONE YEAR LLM DEGREE PROGRAM
SUBMITTED BY
Riya Das
UID- SF0224025
LL.M. 3
rd Semester (2024-25)
SUPERVISED BYDr. Kailash Jeenger
Associate Professor of Law