Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Manifest Arbitrariness
Constitutional & Public Law Doctrines
Definition
A ground for striking down primary legislation under Article 14 established in Shayara Bano v. Union of India, applying when a statute or provision is enacted capriciously, irrationally, without an adequate determining principle, or disproportionate to its objective.
Example
In Shayara Bano, the practice of instantaneous Talaq-e-Biddat (Triple Talaq) was declared unconstitutional because it was arbitrary, irrevocable, and left the marital status of a woman to the unilateral whim of the husband.