Uncontrolled Discretionary Power and Article 14
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?
Options
Article 14
Article 28
Article 32
Article 44
Explanation
The Supreme Court has repeatedly ruled that granting unguided, arbitrary, and absolute discretionary power to administrative bodies violates the Equality Clause of Article 14. Such unchecked authority invites discrimination and runs counter to the fundamental principles of the Rule of Law. > Legislation that grants unchecked, arbitrary executive powers violates the rule of law guaranteed under Article 14. Answer: (a).
Question details
Year
2021
Paper
GS Paper 1
Question
Q85
Subject
Polity
Sub-topic
Fundamental Rights, DPSP & Duties
Type
Factual single
Difficulty
Medium
Nature
Static
Source hint
M. Laxmikanth Indian Polity / Judicial Interpretations
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