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96. Another Constitution Bench decision reported as Dr. Subramanian Swamy v. Director, Central Bureau of Investigation, (2014) 8 SCC 682, dealt with a challenge to Section 6-A of the Delhi Special Police Establishment Act, 1946. This Section was ultimately struck down as being discriminatory and hence violative of Article 14. A specific reference had been made to the Constitution Bench by the reference order in Dr. Subramanian Swamy v. Director, Central Bureau of Investigation, (2005) 2 SCC 317, and after referring to several judgments including Ajay Hasia vs. Khalid Mujib Sehravardi, (1981) 1 SCC 722, Mardia Chemicals Ltd. vs. Union of India, (2004)) 4 SCC 311, Malpe Vishwanath Acharya vs. State of Maharashtra, (1998) 2 SCC 1 and State of A.P. vs. McDowell and Co., (1996) 3 SCC 709, the reference inter alia was as to whether arbitrariness and 2025:HHC:41988 unreasonableness, being facets of Article 14, are or are not available as grounds to invalidate a legislation.

97. After referring to the submissions of counsel, and several judgments on the discrimination aspect of Article 14, this Court held:

[Dr. Subramanian Swamy v. Director, Central Bureau of .
Investigation, (2014) 8 SCC 682, pp. 721-22, paras 48-49] "48. In E.P. Royappa [E.P. Royappa v. State of T.N., (1974) 4 SCC 3, it has been held by this Court that the basic principle which informs both Articles 14 and 16 are equality and inhibition against discrimination. This Court observed in para 85 as under: (SCC p. 38) "85. ... From a positivistic point of view, equality is antithetic 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 of caprice of an absolute monarch. Where an act is arbitrary, it is implicit in it that it is unequal both according to political logic and constitutional law and is therefore violative of Article 14, and if it affects any matter relating to public employment, it is also violative of Article 16.