Q85 · UPSC Prelims 2021 · Set A · Polity and Governance

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

A Article 14
B Article 28
C Article 32
D Article 44

Correct answer: (a) Article 14

Explanation

  1. A

    Article 14

    Article 14. Unguided discretion is classic arbitrariness — equality before law.

  2. B

    Article 28

    Article 28. Religious instruction in certain schools.

  3. C

    Article 32

    Article 32. Constitutional remedies — the sword, not this test.

  4. D

    Article 44

    Article 44. Uniform civil code; DPSP.

Summary. Official key is (a) Article 14. A law that hands the executive unfettered, guideless discretion fails equality — the Supreme Court’s arbitrariness doctrine.

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