Question 94 from UPSC CSE 2021 - Polity & Governance

Question

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

Accepted Answer

Correct Option: A. Article 14

Strategy: Focus on the keywords 'unguided and uncontrolled discretionary power' and 'violate' to identify the core issue of arbitrary executive action. Connect this to the principle of equality before the law. Select Article 14 as it directly addresses equality and protection against state arbitrariness. Confidently eliminate Articles 28, 32, and 44, as they pertain to religious instruction, legal remedies, and a Uniform Civil Code, none of which are relevant to unchecked discretionary power.

Key Info: ## Article 14: Equality and Protection from Arbitrariness

Article 14 of the Constitution of India guarantees 'Equality before Law' and 'Equal Protection of Laws' for all persons. This article is central to the 'Rule of Law,' which prohibits the arbitrary exercise of power by public authorities.

- Legislation that grants broad, unguided, or unfettered discretion to administrative bodies risks being struck down for violating Article 14.
- Such unchecked discretion can lead to discrimination and unequal treatment.
- The Supreme Court has consistently ruled, in cases like Maneka Gandhi v. Union of India and E.P. Royappa v. State of Tamil Nadu, that arbitrariness in law is fundamentally opposed to the equality guaranteed by Article 14.

## Other Constitutional Provisions

The following articles are not applicable to issues of arbitrary executive discretion:

- **Article 28** relates to freedom as to attendance at religious instruction or worship in certain educational institutions.
- **Article 32** provides the right to constitutional remedies for the enforcement of Fundamental Rights, primarily allowing citizens to approach the Supreme Court.
- **Article 44** is a Directive Principle that encourages the State to secure a Uniform Civil Code; it does not provide a justiciable right against arbitrary executive action.

Therefore, only Article 14 is directly relevant when executive or administrative authorities are granted unchecked discretionary powers.

Answer

Option B: Article 28

Answer

Option C: Article 32

Answer

Option D: Article 44