UPSC Previous Year Question | Prelims GS | 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?

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

Answer

Correct Answer

Article 14

Explanation

Article 14 guarantees equality before law and equal protection of the laws, and the Supreme Court has held that arbitrariness is antithetical to equality. A law giving unguided and uncontrolled discretion to the executive therefore violates Article 14.

Topics: arbitrary and unguided discretionary power, fundamental rights, polity & governance, right to equality (article 14)