A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates which one of the following Articles of the Constitution of India?
- (a) Article 14 ✓ UPSC's answer
- (b) Article 28
- (c) Article 32
- (d) Article 44
Why the answer is (a)
• Article 14 guarantees equality before law and equal protection of the laws, and the Supreme Court reads it as prohibiting arbitrariness (E.P. Royappa, 1974; Maneka Gandhi, 1978).
• A law that hands an authority unguided, uncontrolled discretion invites arbitrary and discriminatory application, so it violates Article 14 — option (a).
• Courts require such laws to lay down policy or guidelines that channel discretion (e.g. State of West Bengal v. Anwar Ali Sarkar, 1952).
• Article 28 (b) concerns religious instruction; Article 32 (c) is the remedy to enforce rights; Article 44 (d) is the Uniform Civil Code directive.
• Hence option (a).
Why the other options are wrong
- (b) Article 28
- Article 28 deals with religious instruction in institutions.
- (c) Article 32
- Article 32 is the remedy, not the right violated.
- (d) Article 44
- Article 44 is a Directive Principle on a Uniform Civil Code.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2021, held on 10 October 2021. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.