Antithesis to arbitrariness

The Antithesis to arbitrariness of law imposes a duty upon the State to take special measure to prevent and punish brutality by police methodology.

It does not mean that the same laws should apply to all persons. Many a time the statutes do not do this and leave the administrator free to exercise his power according to his judgment.

So, a reasonable classification is not permitted but necessary if society is to progress. In my opinion, when the treatment order regime is viewed as a whole, there is no violation of the principles of fundamental justice. The Court pointed out that the continuance of a dispute even for a long period of time between two sets of rival claimants to the property of a private person is not a circumstance of such an unusual nature as would invest a case with special or exceptional features and made it a class by itself justifying its differentiation from all other cases for succession disputes.

It applies to all persons while Article 15 and others cover only citizens.


A mere suspicion that some candidates had obtained high marks in interview but very low marks in written test did not establish mala fide on the part of the selectors.

Many castes are now economically forward but still they socially backward. Another type involves a chiasmus AB, BA word orderin which the contrasted words switch places: While in the first case the statute will be invalid if it fails to satisfy the requirements of Article 14 reasonable classificationin the second case the statute is valid so as it provides guidance to the executive about the exercise of its discretion in making the classification.

As such this right was considered to be a negative right of an individual not to be discriminated in access to public offices or places or in public matters generally. In this case, the tension arose when Mr. Equality is a state of complete justice and in order to attain it reservation is a powerful remedy.

The petitioner was an ordinary shareholder of the Sholapur Spinning and Weaving Co. Bonus case the Supreme Court upheld the constitutional validity of L. Protestant scholars since the Reformation have generally believed that Jesus was setting his teaching over against false interpretations of the Law current at the time.

This has been rightly criticized by Mr. Martin Luther King The discrimination made against the two ladies could only be valid if there were some reasonable ground for the differentiation made by the law. The statement sets out the following principle: In fact such classification would be necessary to help the more backward classes otherwise those of the Backward Classes who are little more advanced than the more backward classes might take away all the seats.

Pinto, Air SC The situation had dramatically shifted to something bitterly sweet once more details had been cautiously uncovered. His darkened cloak, half shrouded from the night itself, stood still in the middle of a barren street towards the end of one court.

There is a general reluctance in law to compel a medical practitioner or hospital authorities to administer treatment. This ruling was given in the case of R. In the case of educational institutions the distinction has relevance for the reasons that the candidates are young and their personality has yet to develop and therefore greater weigh has to be given to their performance at the written examination rather than at the oral examination.

Of the two persons placed in a similar situation, one may be dealt with under the drastic law and the other under the softer law. Amicus Curiae was appointed and argued that s. Shethana, who had argued his case and obtained a stay order was later appointed a judge of the same High Court.Antithesis Journal Submission Manager Powered By Submittable - Accept and Curate Digital Content.

Rhetorical antithesis. In rhetoric, antithesis is a figure of speech involving the bringing out of a contrast in the ideas by an obvious contrast in the words, clauses, or sentences, within a. From a positivistic point of view, equality is antithesis to arbitrariness.

In fact equality and arbitrariness are sworn enemies; one belong to the rule of law in public while the other, to the whim and caprice of the absolute monarch.

Arbitrariness: Antithesis of Article 14 by Vidushi Richashree | Jun 9, | 0 comments The concept of reasonableness and non-arbitrariness is the very essence of our constitution and is the golden thread which runs through its fabric.

Antithesis means opposite and is used as a literary device to put two contrasting ideas together. Take a look at some examples that show how this works.


In linguistics, arbitrariness is the absence of any natural or necessary connection between a word's meaning and its sound or form. An antithesis to sound symbolism, which does exhibit an apparent.

Antithesis to arbitrariness
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