Abstract
The Supreme Court's dicta in Raj Bala v. State of Haryana' ('Raj Bala') has renewed the juristic and scholarly interest in the appropriate form of equality analysis applicable to statutes. Ever since the enunciation of a seemingly 'new' standard for determining the negation or otherwise of the right to equality in the celebrated case of E.P. Royappa v. State of TN. 2 ('Royappa'), jurists and academicians alike have struggled to put this development in perspective. Even as the controversy surrounding the doctrine was far from clear, a division Bench readily dismissed the applicability of 'arbitrariness' standard to invalidate principal legislations. Even independently of Raj Bala, the aura of legitimacy surrounding the said test remains as elusive as ever. This mystery cannot be solved without reference to the origin, scope and content of the 'arbitrariness' standard. This paper proposes to engage with these concerns.
Recommended Citation
-, Shivam
(2018)
"Scope of Constitutional Review of Parliamentary Enactments: Revisiting the Legitimacy of the Arbitrariness Standard a Critical Comment on Raj Bala v. State of Haryana,"
National Law School of India Review: Vol. 30:
Iss.
1, Article 5.
Available at:
https://repository.nls.ac.in/nlsir/vol30/iss1/5
