UPSC 2021PolityModerate

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
Correct Answer
B
Article 28
C
Article 32
D
Article 44

Explanation

Article 14 is correct because it guarantees equality before the law and prohibits arbitrariness; any legislation granting "unguided and uncontrolled" power to the executive allows for discriminatory application, which violates the principle of legal equality. Article 32 is the most tempting wrong option, but it provides the judicial *remedy* for fundamental rights violations rather than being the substantive provision that such a law directly contravenes. The core concept being tested is the "Rule of Law" and the doctrine of non-arbitrariness inherent in the Indian Constitution.

Indian PolityFundamental Rights - Right to EqualityLegislationExecutive authorityUnguided discretionary powerApplication of lawArticle 14Rule of LawArbitrariness

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