Friday, February 6
Lawyers in India

Constitutional law

Abstract
From Article 14’s principle of equal treatment, emerged a doctrine named ‘manifest arbitrariness’ crafted by courts to overturn unchecked government actions and sweeping laws.
This article examines the concept of ‘manifest arbitrariness’ as applied by the Supreme Court of India under Article 14 of the Constitution. Though the term is absent from the Constitution, judicial decisions have used it to invalidate legislation and executive action that appear capricious, disproportionate, or lacking a determinative principle. Starting with the landmark case of E.P. Royappa v. State of Tamil Nadu in 1974, moving through Shayara Bano v. Union of India in 2017, then Joseph Shine v. Union of India in 2018, followed by the Association for Democratic Reforms case on electoral bonds in 2024, and recent arbitration rulings in 2025, this doctrine evolves from philosophical principle to stylistic weapon. Far from a formal test, manifest arbitrariness operates as an interpretive style where tone and principle carry more force than rigid logic. Its expressive weight invokes deeper constitutional values when laws lack determinative clarity. While enabling vital oversight, predictability concerns persist; hybrid standards could ensure clearer application. From constitutional silence to modern judgments’ rhetorical core, it reveals Article 14’s evolving grammar.

The insertion of the word “Secular” into the Preamble of the Indian Constitution through the Forty-Second Constitutional Amendment Act, 1976 remains one of the most debated developments in Indian constitutional history. Introduced during the period of Internal Emergency, the amendment has often been questioned for its political context and legitimacy. This article examines whether the introduction of “Secular” represented a fundamental shift in constitutional philosophy or merely a formal recognition of an already existing constitutional principle. By analysing the historical background of the amendment, the constitutional status of the Preamble, and landmark Supreme Court judgments, the article argues that secularism was always implicit in the Indian Constitution and was later made explicit through the amendment. It concludes that the Forty-Second Amendment did not create secularism but reaffirmed it as an integral part of India’s constitutional identity.

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