#rajbala

[townpostin]

Jamshedpur East MLA Saryu Roy Files FIR in Manhart Scam Case

Legal action taken against former Chief Minister Raghubar Das and senior bureaucrat Rajbala Verma. Jamshedpur East MLA Saryu Roy has taken significant legal steps following the Jharkhand High Court’s directive regarding the Manhart scam. RANCHI – In response to the Jharkhand High Court’s dismissal of a writ petition related to the Anti-Corruption Bureau’s investigation, Jamshedpur East MLA Saryu…

[rajbalapackersandmovers]

THE 10 BEST Places to Go Shopping in Gurgaon District 

Welcome to Gurgaon District, a vibrant hub of shopping experiences! Whether you're a local resident or a visitor exploring this dynamic area, Gurgaon offers a plethora of shopping destinations to suit every taste and budget. From upscale malls to bustling markets, there's something here for everyone. Let's dive into the top 10 places you should take advantage of when shopping in Gurgaon District.

Ambiance Mall:

As one of the largest shopping malls in Gurgaon, Ambience Mall boasts a diverse range of stores, restaurants, and entertainment options. From luxury brands to popular retail chains, Ambience Mall offers a premium shopping experience.

DLF CyberHub:

Known for its vibrant atmosphere and eclectic mix of restaurants and bars, DLF CyberHub also features a selection of boutique shops and specialty stores. It's the perfect destination for a day of shopping and dining.

MGF Metropolitan Mall:

Located in the heart of Gurgaon, MGF Metropolitan Mall is a favorite among locals for its extensive selection of fashion brands, electronics, and home goods. It's a one-stop destination for all your shopping needs.

Galleria Market:

Nestled in DLF Phase IV, Galleria Market exudes charm with its open-air layout and boutique shops. From designer clothing to unique handicrafts, Galleria Market offers a delightful shopping experience.

Sahara Mall:

Conveniently situated on Mehrauli-Gurgaon Road, Sahara Mall features a mix of retail outlets, entertainment venues, and food courts. It's a popular destination for both shopping and leisure activities.

Sadar Bazaar:

For those seeking a traditional shopping experience, Sadar Bazaar is the place to be. This bustling market is known for its affordable clothing, accessories, and household items. Bargaining is a must here!

Sector 14 Market:

With its shops and street vendors, Sector 14 Market is a local favorite for budget-friendly shopping. You'll find it all from trendy apparel to fresh produce in this bustling market.

The Gurgaon Central Mall:

Located in Sector 25, The Gurgaon Central Mall offers a curated selection of national and international brands. With its spacious layout and diverse offerings, it's a popular choice for shoppers of all ages. Due to such reasons, people choose to live in Gurugram. To know more, you can see what are the Best Places to Live in Gurugram.

Cross Point Mall:

Situated in DLF Phase IV, Cross Point Mall features a mix of retail stores, eateries, and entertainment options. Its convenient location and relaxed ambiance make it a go-to destination for shoppers.

Galaxy Mall:

Rounding out our list is Galaxy Mall, a vibrant shopping complex in Sector 15. From fashion boutiques to electronics stores, Galaxy Mall offers a diverse shopping experience in the heart of Gurgaon.

Ready to explore the best shopping destinations in Gurgaon District? Plan your shopping spree today and discover the hidden gems waiting to be explored! Don't forget to visit Rajbala, your one-stop shop for Packing and Moving services. Click here to learn more and start shopping with Rajbala today!

[rameshblog]

In the packing and moving field Rajbala packers and movers in Dehradun are best in this field.They have well trained staff. Rajbala packers give the best service in dehradun. You can sift your household goods, car, and bike without any headache in India or out of India when Rajbala packers are with you .

[anmolbhaktibhajan-blog]

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[publicstory]

U.P. के Amroha की दिल दहलाने वाली घटना, जब चाची ने ली 2 साल के भतीजे की जान

So this story is a new incident that happened in August 2022 itself. Which is of Malakpur village of Adampur police station area of ​​Amroha, a district of Uttar Pradesh. A husband and wife Kailash and Premvati live in this village .. who were living with their problems. The problem was that they were not able to have any child for many years. Although the woman was pregnant 3 times, but twice her child died as soon as she was born and for the third time her child could not come to this world.. that means she was born dead. In such a situation, the couple was very upset .. in that the woman wanted a child by any means. But this desire of his made him a giant. And got such a work done, if a common man hears about it, then his soul will tremble. But before that.. on 22nd August there was an incident in Malakpur village in which a one and a half year old boy named Yash disappeared from his house.. Actually Yash's father Ramesh had gone to the city for some work that day..more His mother Rajbala had gone to get fodder for her cattle. So there was only her grandmother Ganga Devi and her aunt Premvati in the house to take care of Yash. This is the same Premvati that I mentioned at the beginning of the story. So it happened that when only the grandmother and aunt of the child were in the house, the grandmother got involved in some household work. After that, when the child's mother comes back at home, she sees that her child is not there. A one and a half year old child, who could not even speak or walk properly, was not being found anywhere. His mother got very upset. And everyone in the whole village started asking about her child, but no one had seen her child that day. After that, when Yash's father came to know about this, he immediately came back to the village and went to Adampur police station and got his child's missing report written, and requested them to find the child as soon as possible. Police also immediately started searching for that child .. and started investigation. On the third day of Yash's disappearance i.e. on 24th August, the resident of the village sees a child's foot lying in a sugarcane field. When he sees her and goes to her, then in a plastic bag nearby, the remaining pieces of a child's body are also found. Seeing all this, he was stunned and immediately informed the police about it. She also reached the forensic team along with the police and found out that these small pieces of the body were of Yash. It did not take long for this news to spread in the village. And there was an outcry in the whole village. Thinking what enmity can such a small child have with anyone, and who would be such a cruel and cruel person who has given such a painful death to this innocent one and a half year old child. Yash's parents and relatives were getting worse by crying. But his aunt Premvati seemed to be making no difference. After this, all the people of the house started doubting Premvati.. that she definitely knows something about this matter. Against this suspicion, the police took Premvati into custody. And then when questioned, she told that both she and her husband Kailash were very sad because of not having a child. And to solve this, both of them met a tantrik. And that tantrik had told a method to have a child, in which Premvati had to sacrifice a goat and bathe in its blood and then after that bathe in the river Ganges which would be only about 1 or 2 kilometers away from them. So Premvati and Kailash, both do this ritual secretly in the village one night. After sacrificing a goat, Premvati was bathed in its blood.. and took a dip in the Ganges. After this Premvati became pregnant once again but this time also her child could not survive. After this incident, Kailash lost his faith in these tantriks and accepted the truth, that perhaps both of them will never get the happiness of a child.

[rajbalapackersandmovers]

List of Top 10 Smart Cities in India 2024

In 2024, India stands as a testament to urban innovation, leading the global charge in developing smart cities that seamlessly integrate technology, sustainability, and quality of life. These cities epitomize the nation's dedication to fostering vibrant, efficient, and interconnected urban environments. Let's explore the top 10 smart cities in India for 2024:

Bengaluru:

Renowned as the Silicon Valley of India, Bengaluru maintains its status as a frontrunner in technology and innovation. With a robust infrastructure and a thriving startup ecosystem, Bengaluru continues to set the standard for smart cities worldwide.

Delhi:

Embracing innovative solutions to address its unique challenges, the capital city of Delhi is rapidly evolving into a model smart city. Enhanced public transportation systems, green initiatives, and digital governance initiatives are reshaping the urban landscape, improving the lives of its residents.

Mumbai:

As India's financial capital, Mumbai seamlessly blends its rich heritage with modernity. In 2024, the city leverages smart technologies to enhance mobility, ensure safety, and optimize resource utilization, making it one of the most dynamic and livable cities in India.

Hyderabad:

Hyderabad's journey towards smartness is characterized by significant investments in infrastructure, innovation, and sustainability. Smart transportation systems, efficient waste management, and digital connectivity initiatives position Hyderabad as a model smart city in 2024.

Chennai:

Embracing smart urban planning strategies, Chennai addresses the challenges posed by its growing population and infrastructure requirements. From smart grids to eco-friendly initiatives, Chennai sets the benchmark for sustainable urban development in India.

Pune:

Fueled by a vibrant culture of innovation and entrepreneurship, Pune emerges as a key player in India's smart city landscape. In 2024, the city focuses on creating connected communities, promoting renewable energy, and enhancing urban mobility to ensure a high quality of life for its residents.

Ahmedabad:

Ahmedabad's transformation into a smart city is marked by its commitment to citizen-centric solutions and inclusive growth. Through smart governance and sustainable urban development projects, Ahmedabad redefines urban living standards in 2024.

Jaipur:

Known as the Pink City, Jaipur embraces smart technologies while preserving its rich heritage. Implementing smart solutions for traffic management, heritage conservation, and civic amenities, Jaipur stands as a shining example of smart urban development in 2024.

Surat:

Surat's journey towards smartness emphasizes cleanliness, sustainability, and technological innovation. With initiatives like smart waste management and green infrastructure, Surat emerges as a leading smart city, setting new standards for urban development in 2024.

Kochi:

Positioned strategically and guided by progressive policies, Kochi plays a pivotal role in India's smart city landscape. Prioritizing sustainable transportation, digital connectivity, and waterfront development, Kochi enhances its reputation as a vibrant and livable city in 2024.

In conclusion, India's top 10 smart cities of 2024 exemplify the nation's commitment to innovation, sustainability, and inclusive growth. Through the adoption of smart technologies and citizen-centric approaches, these cities pave the way for a brighter and more prosperous urban future. As India continues to urbanize, these smart cities serve as beacons of inspiration, showcasing the transformative power of technology in shaping the cities of tomorrow. Move with ease! Choose Rajbala Packers & Movers for reliable packing & moving services. Your seamless relocation partner awaits. Contact us today!"

[patakare7]

Dr. Rajbala Singh Bhadauria

MCI Registration No.: ...

Specialty: ENT Surgeon

Fee: Rs.500.00

CLINIC:

Near Manisha Lake,Sector C Arera Colony, Shahpura,  Bhopal,  Madhya Pradesh

HOW TO REACH

CALL US

Mob: 07554086099,07554086000,07554123614

EMAIL ID

AVAILABILITY

HOSPITALS

CLINIC

DESCRIPTION

Dr.Rajbala Singh Bhadauria

Degree :-  (MBBS,MS)

Timing :- Morning :- 10:00 am - 2:00 pm

Evening :-  5:00 pm - 7:00 pm

Total Visits: 25000

[anmolbhaktibhajan-blog]

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[exactlyluckywerewolf]

📷 Dr. Rajbala Singh Bhadauria MCI Registration No.: ...Specialty: ENT SurgeonFee: Rs.500.00CLINIC:Near Manisha Lake,Sector C Arera Colony, Shahpura,  Bhopal,  Madhya Pradesh

📷 HOW TO REACH CALL USMob: 07554086099,07554086000,07554123614 EMAIL ID 📷 AVAILABILITY HOSPITALS CLINIC 📷 DESCRIPTION Dr.Rajbala Singh BhadauriaDegree :-  (MBBS,MS)Timing :- Morning :- 10:00 am - 2:00 pmEvening :-  5:00 pm - 7:00 pm

[publicstory]

U.P. के Amroha की दिल दहलाने वाली घटना, जब चाची ने ली 2 साल के भतीजे की जान

So this story is a new incident that happened in August 2022 itself. Which is of Malakpur village of Adampur police station area of ​​Amroha, a district of Uttar Pradesh. A husband and wife Kailash and Premvati live in this village .. who were living with their problems. The problem was that they were not able to have any child for many years. Although the woman was pregnant 3 times, but twice her child died as soon as she was born and for the third time her child could not come to this world.. that means she was born dead. In such a situation, the couple was very upset .. in that the woman wanted a child by any means. But this desire of his made him a giant. And got such a work done, if a common man hears about it, then his soul will tremble. But before that.. on 22nd August there was an incident in Malakpur village in which a one and a half year old boy named Yash disappeared from his house.. Actually Yash's father Ramesh had gone to the city for some work that day..more His mother Rajbala had gone to get fodder for her cattle. So there was only her grandmother Ganga Devi and her aunt Premvati in the house to take care of Yash. This is the same Premvati that I mentioned at the beginning of the story. So it happened that when only the grandmother and aunt of the child were in the house, the grandmother got involved in some household work. After that, when the child's mother comes back at home, she sees that her child is not there. A one and a half year old child, who could not even speak or walk properly, was not being found anywhere. His mother got very upset. And everyone in the whole village started asking about her child, but no one had seen her child that day. After that, when Yash's father came to know about this, he immediately came back to the village and went to Adampur police station and got his child's missing report written, and requested them to find the child as soon as possible. Police also immediately started searching for that child .. and started investigation. On the third day of Yash's disappearance i.e. on 24th August, the resident of the village sees a child's foot lying in a sugarcane field. When he sees her and goes to her, then in a plastic bag nearby, the remaining pieces of a child's body are also found. Seeing all this, he was stunned and immediately informed the police about it. She also reached the forensic team along with the police and found out that these small pieces of the body were of Yash. It did not take long for this news to spread in the village. And there was an outcry in the whole village. Thinking what enmity can such a small child have with anyone, and who would be such a cruel and cruel person who has given such a painful death to this innocent one and a half year old child. Yash's parents and relatives were getting worse by crying. But his aunt Premvati seemed to be making no difference. After this, all the people of the house started doubting Premvati.. that she definitely knows something about this matter. Against this suspicion, the police took Premvati into custody. And then when questioned, she told that both she and her husband Kailash were very sad because of not having a child. And to solve this, both of them met a tantrik. And that tantrik had told a method to have a child, in which Premvati had to sacrifice a goat and bathe in its blood and then after that bathe in the river Ganges which would be only about 1 or 2 kilometers away from them. So Premvati and Kailash, both do this ritual secretly in the village one night. After sacrificing a goat, Premvati was bathed in its blood.. and took a dip in the Ganges. After this Premvati became pregnant once again but this time also her child could not survive. After this incident, Kailash lost his faith in these tantriks and accepted the truth, that perhaps both of them will never get the happiness of a child.

[globalpeacefoundationindia]

Why Women from marginalized communities more prone to gender-based violence?

Marginalization is the powerlessness and outlaw by a group who experienced, resulting from inequality of control of resources and power structures within society. Feminism argues that women are marginalized due to patriarchal society. Most of the women faced numerous disputes and chaotic problems in India. It also looks at the negative impacts that marginalization has caused on the victims of domestic violence.

Gender-based violence undermines the health, dignity, security and autonomy of its victims, yet it remains shrouded in a culture of silence. Victims of violence can suffer sexual and reproductive health consequences, including forced and unwanted pregnancies, unsafe abortions, traumatic fistula, sexually transmitted infections including HIV, and even death.

India's caste system, the Dalits are traditionally regarded as the lowest of the low. Seen as "unclean," they are considered untouchable by the higher castes.

DOUBLE MARGINALIZED

The girls and women in India are born with a disadvantage itself ,ie , of being a girl, and on top of it if they tend to be of the lower caste life is nearly miserable for them . The people of India are too much concerned about caste and creed but unfortunately forget it when a girl of lower caste is raped by them .

No woman is safe but in talks of the normal realms upper caste women are a little safer than those belonging to the lower class .

Untouchability is a major issue which has created numerous discrimination between the people . The lower class women are much more likely to be seen to be the victims of the gang rape cases by the upper caste men ,caste society is inherently violent in nature, and when it comes to Dalit women, the violence perpetrated on them is the most brutal.

Hathras gang rape

The country's 2011 census, the latest available, states that just over 16 percent of India's population are Dalits -- making up roughly 200 million people. According to India's National Crime Records Bureau, more than four Dalit women are raped every day in India. The NRCB's 2014 statistics say crime against Dalits rose 19%. In many of the cases, these crimes are committed by upper caste perpetrators.

Garhi, a tiny village near Hathras in Uttar Pradesh, marks a new phase in the eventful history of rape-as-caste-atrocity in the 21st century. The idea of the caste atrocity is itself a product of the last quarter of the 20th century.

So now we have some interviews from the Dalit women what they go through and have a brief knowledge of what life they live.

1. Rajbala, 28

"I wish I wasn't born as a Dalit woman. We are the easiest targets for any sexual or physical abuse in our society."

2.Meera Devi, 26

"Upper caste men give us names which are both abusive and derogatory. I wish I could change this practice. We do not want to work under the upper caste people and compromise our dignity. But we are poor. What other options do we have?

3.Jyoti, 24

"Have you heard upper caste girls getting raped in our community? We are poor and powerless. That's why upper caste men rape our girls. They can get away with anything because they have money and power."

4.Seema, 25

"Upper caste men make fun of us. They think our lives don't matter because we are daughters of poor families. They always look at us with lustful eyes."

Woman’ in India is not a homogeneous category; it is marked with differences in health status, educational attainments, economic performance as measured by human Dalit Women in India: At the Crossroads of Gender, Caste, and Class 2015 development indicators, particularly in the case of women belonging to Scheduled Castes (Dalits)1 and Scheduled Tribes and Muslims. As we shall see in subsequent sections, the rate of progress in human development indicators, is significantly lower for Dalit women that it is for women from the upper-caste group. This means that Dalit women have benefited from development less than the rest of the women.

Ineffective laws

Practically speaking the reforms are ineffective because again the people who are giving justice or are in that position , are MEN and of course of the UPPER CLASS . This knowingly or unknowingly redefines marginalization. Due to this the Victims are more Victimized. Social reforms are not intended in Indian as untouchability is the toxic to the Indian mindset.

Indian men’s traditional attitudes have not kept pace with judicial reforms and increasing opportunities for women in the workforce. Although many men are aware of laws about violence against women, knowledge of legislation has not yet succeeded in changing deep-rooted cultural values and sexist norms. Indian society must reshape women’s roles by passing laws that ensure women’s property rights and increase their economic opportunities in the private and public sector alike. Only then will Indian women justly regain full control over their own lives.

- MANYA SHAH

SOURCE:

Hindustan times, Times of India, Wikipedia

[newzzhub]

Essay: The triumph and tragedy of Bang Mahila - books guest writers

Essay: The triumph and tragedy of Bang Mahila – books guest writers

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336pp, Rs 699; Aleph

The first girl Hindi brief story author was a Bengali, Rajbala Ghosh, who wrote below the nom de plume Bang Mahila. I got here throughout her title after I was researching the earliest revealed Hindi brief tales and discovered that her story Dulaiwala(1907), is extensively considered the primary revealed by a girl. I used to be curious. Who was she? How come…

[rajbalapackersandmovers]

Planning a Move in Gurgaon? Discover the Ultimate Packers Movers, including Rajbala Packers & Movers

Relocating to a new home or office can be both exhilarating and overwhelming. Amidst the excitement of starting afresh in a new location, the logistical challenges of packing, moving, and settling in can often dampen spirits. In a city like Gurgaon, known for its bustling streets and corporate hub, finding reliable packers and movers becomes a crucial step in ensuring a smooth transition. Fortunately, Gurgaon boasts an array of professional relocation services ready to cater to your needs, including Rajbala Packers & Movers. Let's delve into discovering the ultimate packers movers in Gurgaon.

Rajbala Packers & Movers:

Rajbala Packers & Movers stand out for their commitment to professionalism and customer-centric services. With a dedicated team of experts and a customer-first approach, they ensure a seamless moving experience for clients across Gurgaon. Whether it's residential relocation or corporate moves, Rajbala Packers & Movers prioritize efficiency and reliability, making them a trusted choice for those seeking top-notch relocation services in Gurgaon.

Agarwal Packers and Movers:

Synonymous with trust and reliability, Agarwal Packers and Movers stand out for their impeccable track record and professionalism. With a focus on innovation and quality, they employ advanced packing techniques and state-of-the-art equipment to handle even the most delicate items with care. From residential moves to corporate relocations, Agarwal Packers and Movers go above and beyond to exceed customer expectations.

OM Packers and Movers:

OM Packers and Movers have earned a reputation for their personalized approach and attention to detail. Understanding the unique requirements of each client, they offer tailor-made solutions designed to streamline the moving process. With a team of trained professionals and a fleet of well-maintained vehicles, OM Packers and Movers ensure a hassle-free experience from start to finish.

South City Packers and Movers:

South City Packers and Movers pride themselves on their affordability and efficiency. With transparent pricing models and a commitment to timely delivery, they provide cost-effective solutions without compromising on quality. Whether it's packing fragile items or handling bulky furniture, South City Packers and Movers employ best practices to ensure a seamless transition to your new abode.

Sharma Packers and Movers:

Sharma Packers and Movers are synonymous with reliability and integrity. With a focus on customer satisfaction, they offer personalized services tailored to suit individual preferences. Their team of dedicated professionals strives to make the relocation process stress-free and convenient, allowing you to focus on settling into your new home or office..

In conclusion, planning a move in Gurgaon doesn't have to be a daunting task, thanks to the presence of reliable packers and movers, including Rajbala Packers & Movers. By selecting the ultimate packers movers in Gurgaon, you can rest assured that your relocation journey will be smooth, efficient, and hassle-free. So, the next time you plan a move, consider entrusting your belongings to one of Gurgaon's finest relocation services, and embark on your new adventure with confidence.

[loyallogic]

Know something extra from the crowd about Doctrine of Non-Arbitrariness

This article has been written by Diva Rai, a student of Symbiosis Law School, Noida. In this article she discusses the doctrine of non-arbitrariness and Equal Protection of the laws.

Introduction

Indian constitutional law has an ambivalent non-arbitrariness connection. The doctrine among attorneys is highly common and among academics is similarly controversial. As any lawyer who has been in a written court in India for more than a week would know, a claim of arbitrariness is the simplest argument to build on any challenge that even remotely involves the state [1]. This may explain the popularity of the doctrine among lawyers.

Equally evident are the reasons for its unpopularity among academics. Besides being a sworn prose in the vein of arbitrariness enemy of equality [2]. In turn, which could not be cribbed, cabineted or described, the Supreme Court did not articulate any principled reasoning in support of the doctrine. Furthermore, since it is not directly linked textually to Article 14, over the years it has assumed the form of a vague super-law as some have feared.

The latest judgment of a Supreme Court division bench in Rajbala v. State of Haryana [3] has rejuvenated the discussion in the renowned Royappa case on the scope and content of the arbitrary doctrine advocated by a constitutional bench of the apex court. Arbitrariness continues to be a beleaguered doctrine since its founding. While some jurists criticized the word for its imprecise import and its probable adverse impact on the assessment of equality pursuant to Article 14, others have been indifferent in their reaction to this fresh growth because they think it is not a fresh test at all but merely a reassertion of the sensible classification or nexus test.

The connection between non-arbitrariness and Article 14 in this document and argue that a component of non-arbitrariness is included in the test of rational classification. In the second and third parts, The article points out that this connection, which has often been neglected in comments and decisions, could assist us to address certain conceptual problems that have arisen under Article 14 in the judicial review of state action. The Supreme Court’s “staggering” output on Article 14 precludes applying the standard technique of one-point study of all choices and then deriving a principle.

Background

Arbitrary derives from the Latin arbitrary, the arbitrator’s source; someone tasked with judging a matter. An arbitrary legal judgment is a ruling taken at the judge’s discretion, not a ruling. A ban on arbitrariness is enshrined in the constitution in some nations. Article 9 of the Swiss Federal Constitution theoretically overrides even democratic choices in banning arbitrary government action. The U.S. Supreme Court reversed legislation because they had “no rational basis”. A latest research of the U.S. asylum scheme indicates that arbitrariness in decision-making could lead to significant differences in results between distinct adjudicators, a phenomenon. Article 330 of the Russian Penal Code defines arbitrariness as a particular crime, but with a very wide definition of acts contrary to the legislation.

Article 14 and Non-Arbitrariness

Beginning with the text of Article 14 is both logical and intuitive. “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. The Court’s earliest judgments had a relatively coherent perspective of Article 14.[4] It is widely accepted that the first portion of the article which speaks of equality is a guarantee that no individual is above the law. This guarantee is affected by its corollary in the second portion which provides equal protection of the legislation to individuals.

The presumption that individuals are essentially equal is a powerful moral principle that is the anchor of this equality comprehension. However, it also includes a rule of rationality in relation to this moral principle. Any exception to equality is only permissible if the State has reasonable grounds for different treatment of individuals. Therefore, the validity of state action relies on an assessment of the reasons for state action. This is the vital connection in Article 14 between equality and rationality.

Test of Reasonable Classification and Non-Arbitrariness

The ordinary wording for reviewing state action pursuant to Article 14 is that sensitive classification must be tested. Its “intelligible differential” and “reasonable nexus” components are well known for the sort of experiment. What it checks at the heart of the test is whether, by evaluating why individuals are treated differently, the law makes an arbitrary classification. Therefore, the test involves both the moral principle that all people are basically equal and the rule of rationality that any classification must be justified by the State.

This point is often ignored in the discussion on the evaluation of Article 14 legislation since Seervai described the key issue in the discussion as a decision between a classification test and an arbitrary test. In reaction to the statement made by the Supreme Court in E.P. Royappa discovering a fresh dimension of equality based on non-arbitrariness, Seervai claimed that the traditional test did not involve finding that the law was “arbitrary.”[5] In the traditional test, which is obviously borne out by Supreme Court judgments, Seervai’s statement ignored the rationality element. Consider, for instance, the following paragraph in Charanjit Lal Chowdhury v. Union of India [6], probably the first case on the point:

“The legislature undoubtedly has a wide field of choice in determining and classifying the subject of its laws, and if the law deals alike with all of a certain class, it is normally not obnoxious to the charge of denial of equal protection; but the classification should never be arbitrary.”

The detachment from arbitrariness of the rational classification test has created significant confusion. It is now commonly thought that two separate, mutually exclusive lines of inquiry can be taken under Article 14 in any challenge to state action. The decision, it appears, is between the fresh arbitrary doctrine and the ancient classification doctrine. This difference overlooks the intersection region between the two tests.

                Click Above

Non-Arbitrariness and Equal Protection of the laws

The necessity for a reasonable classification under Article 14 in the earlier components. Nevertheless, this was never considered a sufficient condition for guaranteeing equality. This is evident from the values that Ramkrishna Dalmia v. Justice Tendolkar [7] had crystallized as soon as 1959:

“Where a statute itself makes the classification and the Court finds that the classification satisfies the test of reasonable classification, the court will uphold the validity of the law.

In cases where the statute does not make any classification but leaves it to the discretion of the Government to select and classify persons or things to whom its provisions are to apply, the statute must be shown to contain the principles that guide this discretion. If the law fails in this regard, the court will strike down both the law as well as the executive action taken under such law.

Lastly, where the statute lays down such principles, but the executive action fails to adhere to these principles, the executive action but not the statute should be condemned as unconstitutional.”

As is evident from the above, the guarantee of equality is not exhausted by a mere statement of classification validity. If the executive fails to behave in accordance with the law, Article 14 by its express words makes such activities unlawful. This is the impact of Article 14’s clause “Equal Law Protection”. In other words, a law is required under Article 14 to be non-arbitrary and, subsequently, each person is entitled to the fullest protection of the law in its application.

Faced with an instance of classification that deviates from the fundamental principle of equality, the objective must be to judge on the grounds of deviation state action. The reasonable classification test is best suited for doing the job since there is no normative justification for examining any other reason behind the state action. In such a situation, judicial review is limited to the factors supporting the classification in so far as non-arbitrariness is concerned. Where judicial review concerns the application of a law or executive policy to a class of individuals to whom it refers, the Court shall have the right to review such state action in complete to ensure that the person concerned is fully protected by the law. The nature of the assessment here is distinct in that the purpose of the assessment is to guarantee that, as the case may be, the execution of a law or policy is actually law or policy.

In the context of equality, this is the appropriate province for complete spectrum non-arbitrariness assessment. Such an understanding prevents the risk of generating an arbitrary standing test under which the Court freely reviews policy making.

In the face of an instance of classification that deviates from the fundamental principle of equality, the aim must be to judge state action on the grounds of deviation. The sensible classification test is best fitted to do the work as there is no normative justification for examining any other reason behind the state action. In such a situation, judicial review, in so far as non-arbitrariness is concerned, is limited to the factors supporting the classification.

Judicial Threshold for evaluating ‘Arbitrariness’: Rationality versus Reasonableness

The Supreme Court in Royappa has described the evolution of the arbitrariness test as the constitutionalization of administrative law. Khaitan argues that, “what the new doctrine has done is elevated an administrative law reasonableness standard into a self standing constitutional ground for review, without the need for any crutches in the form of other rights or values”.

If we examine the Supreme Court’s strategy under Article 14 in any type of arbitrariness assessment, it would show that there is a great deal of reality in this proposal. While this may be of grave concern to academics and scientists who insist that the two branches of public law be strictly separated, it is too late in the day to argue that such a binary is possible or even desirable in a contemporary state. As has been stated “The conceptual division between administrative and constitutional law is quite porous, and that along many dimensions, administrative law can be considered more constitutional in character than constitutions”.[8]

It would be worth seeking advice from administrative law instances using the reasonableness standard, having formed the administrative law basis of the new doctrine. It is interesting to note here that although the terms rationality and reasonability are often used interchangeably, it is possible to analyze a conceptual distinction between the two and the same to arrive at a theory of proper application of the doctrine of arbitrariness.

There are reasonable grounds to distinguish rationality from reasonableness on the basis that not every rational choice is reasonable. In the sense that they are made for intelligible reasons, almost all administrative decisions are rational, but the question is whether they meet the legal standard of reasonableness. Most obviously, irrational implies without reasons, while irrational’ means’ without adequate reasons.

Conclusion

In this article, I have tried to prove that the sensitive classification test has an element of non-arbitrariness that enables the assessment of state action to ensure that it is non-arbitrary from the point of view of equality. The debate on the choice between the old doctrine of reasonable classification and the new doctrine of non-arbitrariness overlooks the fact that the traditional equality test is part of non-arbitrariness.

Secondly, I have placed forward an interpretation of Article 14 which addresses some of the conceptual issues involved in understanding the scope of the non-arbitrary evaluation under Article 14. I argue that, when faced with state action that classifies people, judicial review must be limited to the variables behind classification. This test accommodates the assessment of non-arbitrariness to the extent needed by equality under Article 14. However, in the event of an instance of law enforcement within a class to which it refers, full spectrum judicial review is permitted as a person has the right to full protection of the rationality of the law.

References

Upendra Baxi, ‘The Myth and Reality of Indian Administrative Law’ in Massey (ed), Administrative Law (8th edn, 2012), xxviii

As in E P Royappa v State of Tamil Nadu (1974) 4 SCC 3 [85]

(2016) 2 SCC 445.

Chiranjit Lal v Union of India AIR 1951 SC 41; State of West Bengal v Anwar Ali Sarkar 1952 SCR 284.

Seervai (n 10) 441.

1950 SCR 869.

(1959) SCR 279 [12].

Tom Ginsburg, “Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law” 117 (University of Chicago Public Law & Legal Theory Working Paper No. 331, 2010).

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