A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India?

Question

YESPYQ · Accepted Answer

Correct answer: Article 14. Article 14 of the Indian Constitution guarantees equality before the law and equal protection of the laws. If a legislation grants the executive or administrative authorities unguided and uncontrolled discretionary power, it violates the principle of rule of law and equality. This is because such unchecked discretion can lead to arbitrariness, which goes against the very essence of equality and fairness under Article 14. Therefore, any legislation with unrestrained discretionary powers could be deemed unconstitutional under Article 14.  Article 28 (Fundamental Right): Prohibits religious instruction in educational institutions wholly funded by the State but allows it in institutions administered by religious groups.  Article 32 (Fundamental Right): Provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of fundamental rights.  Article 44 (Directive Principles of State Policy): Advocates for a Uniform Civil Code (UCC) to ensure uniform personal laws across all communities in India. 45

A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India?

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