Arbitrariness - Definition - Law Dictionary Home Dictionary Definition arbitrariness

Definition :

Arbitrariness, the meaning and true import of arbitrariness is more easily visualized than precisely stated or defined. The question, whether an impugned act is arbitrary or not, is ultimately to be answered on the facts and in the circumstances of a given case. An obvious test to apply is to see whether there is any discernible principle emerging from the impugned act and if so, does it satisfy the test of reasonableness. Where a mode is prescribed for doing an act and there is no impediment in following that procedure, performance of the act otherwise and in a manner which does not disclose any discernible principle which is reasonable, may itself attract the vice of arbitrariness, Shrilekha Vidyarthi v. State of Uttar Pradesh, (1991) 1 SCC 212 (243): AIR 1991 SC 537.