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?
Detailed Explanation:
Answer: Option 1 — Article 14
A legislation that confers unguided and uncontrolled discretionary power on the executive violates Article 14 of the Constitution, which guarantees Equality Before Law and Equal Protection of Laws. Such arbitrary power violates the principle of fairness and reasonableness, as it allows discriminatory application of law without any guiding principles.
Why Other Options Are Incorrect:
• Article 28 relates to freedom as to attendance at religious instruction or religious worship in educational institutions.
• Article 32 provides the right to constitutional remedies and empowers citizens to move the Supreme Court for enforcement of fundamental rights.
• Article 44 is a Directive Principle of State Policy that mandates the State to secure a Uniform Civil Code for citizens.
📝 Short Notes: Article 14 and Doctrine of Arbitrariness
| Aspect | Details |
|---|---|
| Article 14 | Guarantees equality before law and equal protection of laws to all persons within the territory of India |
| Equality Before Law | Negative concept - absence of special privileges; British origin (Rule of Law by Dicey) |
| Equal Protection of Laws | Positive concept - equal treatment in similar circumstances; American origin (14th Amendment) |
| Doctrine of Arbitrariness | Arbitrary power violates Article 14 as it negates equality. Unguided discretion = legal despotism |
| Reasonable Classification | Permitted if based on intelligible differentia having rational nexus with object sought |
| Key Cases | E.P. Royappa v. State of Tamil Nadu (1974) - Arbitrariness is antithesis of equality; Maneka Gandhi case (1978) |
Question 3 of 5 Right to Equality
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