New Concept of equality- Protection against Arbitrariness

New Concept of equality- Protection against Arbitrariness:- “In E.P. Royappa v. State of Tamil Nadu the Supreme court of India has drifted from the traditional concept of equality which was based on reasonable classification and has laid down a new concept of equality. Hon’ble Bhagwati, J, delivering the judgment on behalf of himself, Hon’ble Chandrachud and Hon’ble Krishna Iyer, JJ. Propounded the new concept of equality in the following words- ‘Equality is a dynamic concept with many aspects and dimensions and it can not be cribbed, ‘cabined and confined’ within traditional and doctrinaire limits. From a positivistic point of view, equality is antithesis to arbitrariness. In fact, equality and arbitrariness are sworn enemies: one belongs to the rule of law in a republic while the other to the whim and caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that is unequal both according to political logic and constitutional law and is therefore violative of article 14.’ In Menka Gandhi v. Union of India Hon’ble Bhagwati, J, again quoted with approval the new concept of equality propounded by him in the E.P. Royappa case. He said- “….Equality is a dynamic concept with many aspects and dimensions and it can not be imprisoned within traditional and doctrinaire limits. Article 14 strikes at arbitrariness in state action and ensures fairness and equality of treatment. The principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non- arbitrariness, pervades article 14 like a brooding omnipresence.” In International Airport Authority Case Hon’ble Bhagwati, J, reiterated the same principle in the following words: - ‘it must be…. Therefore, now be taken to be that what article 14 strikes as it arbitrariness because an action that is arbitrary, must necessarily involve negation of equality. The doctrine of classification which is involved by the court is not paraphrase of article 14 nor is it the objective and end of that article. It is merely a judicial formula for determining whether the legislative or executive action is in question is arbitrary and therefore constituting denial of equality. If the classification is not reasonable and does not satisfy the two conditions referred to above, the impugned legislation or executive action would plainly be arbitrary and the guarantee of equality under article 14 would be breached.” Other important case laws as- D. S. Nakara v. Union of India , Satyawati Sharma v. Union of India , Mohammad Shujat Ali v. Union of India , LIC of India v. Consumer Education and Research Centre , Dehric C.D. C.M. Union Limited v. State of Bihar .