Constitutional Law

When Government Rules Go Too Far βš–οΈ


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πŸ›οΈ The Battle Against Arbitrary Government Rules

🌟 What happens when an industry association decides to fight back against a government fee that seems completely unfair? This episode takes you inside a fascinating legal battle that reveals how our courts protect citizens from arbitrary government power!

πŸ’‘ What You'll Discover:

  • πŸ” The crucial difference between laws made by Parliament and rules made by government departments
  • βš–οΈ Why challenging government regulations is actually easier than challenging Parliamentary laws
  • 🎯 The "clearly arbitrary" test - and why it's so hard to prove
  • πŸ’° How economic policies get special protection from courts (but not unlimited protection!)

πŸš€ Real Cases That Changed Everything:

  • πŸ’Ž McDowell & Company - The landmark case that set strict limits on challenging Parliamentary laws
  • ⭐ Dental Council of India - How courts expanded their power to review government regulations
  • 🌟 E.P. Royappa and Menaka Gandhi - The cases that made arbitrariness unconstitutional
  • πŸš€ International Trading Company - Proving even economic policies have constitutional limits

🎯 The Constitutional Connection:

  • πŸ“œ How Article 14 (Right to Equality) protects us from arbitrary government action
  • πŸ›οΈ Why transparency and giving reasons for decisions isn't just good practice - it's legally required
  • ⚑ The "free play in joints" concept - when courts give government extra room to maneuver

πŸŽ™οΈ This episode perfectly demonstrates the delicate balance between necessary government power and protecting individual rights - a conversation every citizen should understand!

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Constitutional LawBy Sharad Bansal