85

Question 85

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?

AOptions

A
A) Article 14
B
B) Article 28
C
C) Article 32
D
D) Article 44

BSolution

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.

Diagram for Q85

CStrategy

For questions linking legislative actions to Constitutional Articles, especially Fundamental Rights, understand the broad scope and underlying principles of each Article. Article 14, in particular, is often invoked against arbitrariness and unreasonableness in state action.

DSyllabus Analysis

This question pertains to Indian Polity, specifically Fundamental Rights (Article 14) and the principles of Rule of Law and Constitutionalism.

EQuestion Analysis

Medium. It requires an understanding of the judicial interpretation and the expansive scope of Article 14 concerning arbitrary state action.