Civil Services Prep

Prelims 2021 · Polity and Constitution · 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?

  1. Article 14
  2. Article 28
  3. Article 32
  4. Article 44

Answer

Article 14

  • (a) Article 14: Article 14 guarantees equality before law and bars arbitrariness. A law giving unguided and uncontrolled discretion to the executive is hit by the doctrine against arbitrary state action. Verdict: Correct.
  • (b) Article 28: This deals with religious instruction in educational institutions. It has no connection with excessive administrative discretion. Verdict: Incorrect.
  • (c) Article 32: This provides the right to constitutional remedies for enforcement of Fundamental Rights. It is a remedy provision, not the direct ground of invalidity here. Verdict: Incorrect.
  • (d) Article 44: This is a Directive Principle on Uniform Civil Code. It is unrelated to arbitrary delegation/discretion. Verdict: Incorrect.
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