UPSC IAS - 2021
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?
Year Asked: 2021
Correct Answer
A. Article 14
Detailed Explanation
The correct answer is A) Article 14. A law that gives an authority unguided and uncontrolled discretion is arbitrary, and arbitrariness is what Article 14 (equality before law and equal protection of laws) forbids. In E.P. Royappa (1974) the Supreme Court held that equality is antithetic to arbitrariness, and Maneka Gandhi (1978) made fairness and non-arbitrariness a requirement of all state action. So discretion must be bounded by guiding principles, clear standards and procedural checks.
Why the others are wrong:
- Article 28 concerns freedom from religious instruction in certain educational institutions. It has nothing to do with executive discretion.
- Article 32 is the remedy, the right to move the Supreme Court for enforcement of Fundamental Rights. Courts use it to strike down such laws, but the right violated is Article 14.
- Article 44 is a Directive Principle on a uniform civil code. It is non-justiciable and unrelated to this issue.
Concept: doctrine of arbitrariness, read along with Articles 14, 19 and 21. For Mains GS-II, it connects to delegated legislation and administrative discretion, where courts insist on guidelines and reasons for decisions.
Trap: Aspirants often pick Article 32 because the challenge is decided through writ jurisdiction. The remedy is Article 32 (or 226), but the substantive violation is Article 14.
This question appeared in UPSC Prelims 2021 GS Paper-1.
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