The Shifting Sands of Equality: A Critical Study of the Journey of Article 14 from the Doctrine of Classification to the Principle of Non-Arbitrariness
Abstract
This paper critically analyzes the transformative journey of Article 14 of the Indian Constitution, which guarantees the Right to Equality. Initially interpreted through the formalistic Doctrine of Reasonable Classification, which permitted differential treatment provided it met a two-pronged test of intelligible differentia and rational nexus, this approach proved inadequate for addressing substantive injustice. The study focuses on the crucial jurisprudential shift marked by the E. P. Royappa (1974) and Maneka Gandhi (1978) judgments, which elevated the Principle of Non-Arbitrariness as an independent and overriding standard. This transformation redefined equality as a dynamic, substantive concept and fused Article 14 with Articles 19 and 21, establishing a powerful mandate for fairness and reason in State action. The paper examines the modern operationalizing of this principle in administrative discretion and the subsequent allowance for Judicial Review of manifestly arbitrary legislative acts, such as in the Shayara Bano case. It concludes that while the classification test remains a subordinate facet, the non-arbitrariness standard now serves as the dominant, robust bulwark ensuring Substantive Equality and greater accountability for the State.
How to Cite This Article
Dr. Umesh Chandra Dwivedi (2025). The Shifting Sands of Equality: A Critical Study of the Journey of Article 14 from the Doctrine of Classification to the Principle of Non-Arbitrariness . International Journal of Judicial Law (IJJL), 4(6), 56-60. DOI: https://doi.org/10.54660/IJJL.2025.4.6.56-60