GS PrelimsPolityFundamental Rights2021

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

B

Article 28

C

Article 32

D

Article 44

Correct Answer: Option A

Explanation

1. The question describes a situation where legislation grants unguided and uncontrolled discretionary power to the executive or administrative authority regarding the application of law. 2. This scenario raises concerns about arbitrariness and potential discrimination in how the law is applied. 3. Article 14 of the Constitution of India guarantees 'Equality before the law' and 'Equal protection of the laws'. The Supreme Court has interpreted this to include protection against arbitrary action by the state. Granting unguided and uncontrolled discretionary power is considered arbitrary because it lacks clear principles or guidelines for its exercise, potentially leading to unequal treatment. Therefore, such legislation violates Article 14. 4. Article 28 deals with freedom as to attendance at religious instruction or religious worship in certain educational institutions. 5. Article 32 guarantees the right to constitutional remedies (moving the Supreme Court for enforcement of fundamental rights). 6. Article 44 is a Directive Principle of State Policy regarding the Uniform Civil Code. Thus, the violation described directly relates to the principle of equality and protection against arbitrariness enshrined in Article 14.

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