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?

Article 14

Article 28

Article 32

Article 44

APEDIA

UPSC Prelims

2021 • 10 Oct, 2021 • Paper-1

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?

Correct Answer

Article 14

Constitutional Framework of Equality: Article 14 establishes the bedrock principle of 'Equality before the Law' and 'Equal Protection of the Laws'. This guarant......

💡 Analysis & Explanation

Constitutional Framework of Equality ▼

Article 14 establishes the bedrock principle of 'Equality before the Law' and 'Equal Protection of the Laws'. This guarantee fundamentally prohibits arbitrary action by the State.

Rule of Law Mechanism ▼

If a statute grants sweeping, unguided, or completely unchecked discretionary powers to an executive authority, it creates a scenario where the law can be applied capriciously, favoring some and punishing others without a rational basis. This directly violates the core tenets of the Rule of Law.

Judicial Interpretation ▼

The Supreme Court has repeatedly struck down such opaque delegations of power, ruling that unfettered executive discretion inherently breeds discrimination and is totally antithetical to the egalitarian mandate of Article 14.

Conclusion ▼

Unguided discretion is a direct affront to the constitutional right to equality.

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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?