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Regarding FR

"Most of them are available against the arbitrary action of the state with a few exceptions like those against the State's Action & against the action of private individuals" - quoted from Laxmikant

What I didnt understand is here what is the difference between "arbitrary action of State" and "State's action"??

Comments

  • A baisedaction ( intentionally to hurt or without a logical judgement) , in breuf

    For technical defination refer : https://indiankanoon.org/search/?formInput=arbitrary action by state&pagenum=3
    HUSTLE
  • edited December 5
    Qouting from link above
    "in contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Article 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public law: A public authority possesses powers only to use them for public good. This impose the duty to act fairly and to adopt a procedure which is `fairplay in action'. Due observance of this obligation as a part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its instrumentalities, with this element forming a necessary component of the decision making process in all State actions. To satisfy this requirement of non- arbitrariness in a State action, it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but providers for control of its exercise by judicial review."
    HUSTLE
  • Fundamental Rights are North star in universe of Constituitionalizaztion !!
  • "Most of them are available against the arbitrary action of the state with a few exceptions like those against the State's Action & against the action of private individuals" - quoted from Laxmikant

    What I didnt understand is here what is the difference between "arbitrary action of State" and "State's action"??

    In that given context, Laxmikant not differentiated arbitrary and not arbitrary!

    First generalization of FRs:
    "Most of them are available against the arbitrary action of the State"

    Then speaking more specifically,
    "...with a few exceptions like
    1. those against the State’s (*u can add arbitrary here) action and
    2. against the action of private individuals"

    When the rights that are available against the State’s action only are violated by the private individuals, there are no constitutional remedies but only ordinary legal remedies.
    https://discuss.forumias.com/discussion/comment/1797680/#Comment_1797680
  • edited December 6

    "Most of them are available against the arbitrary action of the state with a few exceptions like those against the State's Action & against the action of private individuals" - quoted from Laxmikant

    What I didnt understand is here what is the difference between "arbitrary action of State" and "State's action"??

    Arbitrary action of state means irrational decision making process and bypassing various stakeholders such as legislature, civil society etc......not a form of participative decision making process
    Action of state means laws passed according to constituions and after due consideration but still there may be some inherent flaws or they may clash with interest of some community/group of people, hence they can approach supreme court directly
  • sss123 said:

    "Most of them are available against the arbitrary action of the state with a few exceptions like those against the State's Action & against the action of private individuals" - quoted from Laxmikant

    What I didnt understand is here what is the difference between "arbitrary action of State" and "State's action"??

    Arbitrary action of state means irrational decision making process and bypassing various stakeholders such as legislature, civil society etc......not a form of participative decision making process
    Action of state means laws passed according to constituions and after due consideration but still there may be some inherent flaws or they may clash with interest of some community/group of people, hence they can approach supreme court directly
    Both of them are excecutive actions, but the former one is irrational and lacks coherence with constitutional laws, latter one is after due consideration of laws and being approved through proper channels/machinery/mechanism of law making process
  • edited December 6
    @MpkPraveen
    The doctrine of state action is not defined in the Indian Constitution rather it is implied in Article 12 of which defines State for the purpose of Part III. It enumerates a list of authorities against which fundamental rights can be enforced by invoking the writ jurisdiction if Supreme Court and High Court.

    As per the Article, State includes the Government and Parliament of India and government and legislatures of each state in India. It also includes local and other authorities within the territory of India and local and other authorities under the control of Government of India.
    So any kind of action taken by these authorities within the ambit of powers conferred on them is a state action.

    Every State action must be informed by reason and it follows that an act uninformed by reason, is arbitrary. Rule of law contemplates governance by laws and not by humour, whims or caprices of the men to whom the governance is entrusted for the time being.Any state action is liable to get struck down by the judiciary through appropriate articles if it fails in the test of arbitrariness.
    जब तक तोड़ेगे नहीं, तब तक छोड़ेंगे नहीं |
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