It might be that in this case an absence of invidious commentary suggests an absence of invidious feeling.
The precise question is whether the difference in treatment is invidious or arbitrary.
The provisions in controversy are rationally based and free from invidious discrimination.
British Dictionary definitions for invidious
invidious
/ɪnˈvɪdɪəs/
adjective
1.
incurring or tending to arouse resentment, unpopularity, etc: an invidious task
2.
(of comparisons or distinctions) unfairly or offensively discriminating
3.
(obsolete) grudging; envious
Derived Forms
invidiously, adverb invidiousness, noun
Word Origin
C17: from Latin invidiōsus full of envy, from invidiaenvy
Word Origin and History for invidious
adj.
c.1600, from Latin invidiosus "full of envy, envious," from invidia "envy, grudge, jealousy, ill will" (see envy). Related: Invidiously; invidiousness.