Khalsa Universty vs State Of Punjab 2024 INSC 751 – Manifest Arbitrariness – Single Entity Legislation

Summary: Khalsa University (Repeal) Act, 2017 struck down as being unconstitutional.

Constitution of India; Article 14,32,226– The test of manifest arbitrariness would apply to invalidate legislation as well as subordinate legislation under Article 14-Mifest arbitrariness must be something done by the legislature capriciously, irrationally and/or without adequate determining principle- When something is done which is excessive and disproportionate, such a legislation would be manifestly arbitrary. (Para 62) [Referred to Shayara Bano v. Union of India (2017) 9 SCC 1 : 2017 INSC 785 ]

Legislation – Though a legislation affecting a single entity or a single undertaking or a single person would be permissible in law, it must be on the basis of reasonable classification having nexus with the object to be achieved. There should be a reasonable differentia on the basis of which a person, entity or undertaking is sought to be singled out from the rest of the group. Further, if a legislation affecting a single person, entity or undertaking is being enacted, there should be special circumstances requiring such an enactment. Such special circumstances should be gathered from the material taken into consideration by the competent legislature and shall include the Parliamentary/Legislative Debates. (Para 48)