THE CONUNDRUM OF MANIFEST ARBITRARINESS AND LEGISLATURE’S INTENT: AN INQUIRY

Abstract

Article 14 of the Indian Constitution, which guarantees the right to equality, has evolved significantly, shifting from the old reasonable classification test to considerations of arbitrariness. Justice Bhagwati's opinion in E.P. Royappa introduced the doctrine of arbitrariness as intrinsic to equality, a view later revived and extended by Justice Rohinton Nariman in Shayara Bano, where “manifest arbitrariness” was proposed as a ground for striking down legislation. While this development has attracted academic interest and judicial application, it has also faced criticism regarding the scope of judicial review and a potential encroachment on legislative intent. This paper explores the historical development of Article 14, examines the contours of arbitrariness as a constitutional doctrine, critiques the basis and application of manifest arbitrariness, and argues that courts should exercise caution in extending the doctrine to legislative review under Article 14. In conclusion, the paper argues that the post-Shayara Bano expansion of the arbitrariness doctrine under Article 14 departs from the Constitution’s core equality principles and risks unsettling the institutional balance between the judiciary and the legislature. Accordingly, judicial review under this doctrine should be exercised with measured restraint when assessing the validity of legislation.