UPSC Prelims 2021·GS1·polity-and-governance·constitution

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?

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Last updated 23 May 2026, 3:31 pm IST
  1. AArticle 14Correct
  2. BArticle 28
  3. CArticle 32
  4. DArticle 44

Explanation

A legislation that confers unguided and uncontrolled discretionary power on the executive or administrative authority violates Article 14 of the Constitution of India. Article 14 guarantees 'equality before the law' and 'equal protection of the laws'. The Supreme Court has repeatedly held that arbitrary power is destructive of the principle of equality. If the executive has unbridled discretion, it can lead to arbitrary and discriminatory actions, thereby negating the essence of equality enshrined in Article 14.
polity-and-governance: A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary powe

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