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Showing contexts for: electoral reforms in Abans Enterprises Ltd vs Securities And Exchange Board Of India on 11 November, 2024Matching Fragments
56. Regarding the challenge based on "manifest arbitrariness", we refer to the recent decision of the Hon'ble Supreme Court in the case of Assn. for Democratic Reforms (Electoral Bond Scheme) V/s. Union of India 5. Here, the Constitution Bench has held that the manifest arbitrariness of subordinate legislation has to be primarily tested vis-a-vis its conformity with the parent statute. Therefore, in situations where subordinate legislation is challenged on the ground of manifest arbitrariness, the Court will proceed to determine whether the delegate has failed " to take into account very vital facts which either expressly or by necessary implication are required to be taken into consideration by the statute or, say, the Constitution".