THREADBrowse · 6 entries, read in order

Equality and arbitrariness

Two ideas of Article 14, classification and arbitrariness, and the discrimination law that neither produced.

01
Encyclopedia · Concept
Reasonable Classification
What Article 14 permits the legislature to treat differently: intelligible differentia, rational nexus, and the deference built into both.
Wanted
02
Encyclopedia · Test
The Twin Test of Classification
Intelligible differentia and rational nexus, applied step by step, with the presumptions that favour the legislature.
Wanted
03
Encyclopedia · Principle
Non-Arbitrariness
Equality as the opposite of arbitrariness: the "new doctrine" under Article 14 and its use against State action of every kind.
Wanted
04
Review · Lineage
Arbitrariness under Article 14, from Royappa to Shayara Bano
The second strand of equality: its birth, the doubt cast on it for legislation, and its return.
Wanted
05
Encyclopedia · Test
Manifest Arbitrariness
The ground on which plenary legislation can be struck down under Article 14: what "manifest" adds, and its revival in 2017.
Wanted
06
Proposals · Lacuna
No General Anti-Discrimination Law
Article 15(2) reaches some private conduct, but there is no statute against discrimination in housing, employment and services by private actors.
Wanted

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