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A legislation which confers on the executive or administrative authori

June 1, 2025 by rawan239

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?

Article 14

Article 28

Article 32

Article 44

This question was previously asked in

UPSC IAS – 2021

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A legislation that confers unguided and uncontrolled discretionary power on executive or administrative authority in the application of law violates the principle of equality before the law and equal protection of the laws guaranteed by Article 14 of the Constitution of India. If discretion is unguided, it can be exercised arbitrarily, leading to discriminatory treatment among individuals similarly situated, which offends the rule of law and equality. Indian courts have repeatedly held that administrative discretion must be guided by principles or standards, although the guidelines need not be explicitly stated in the statute itself and can be inferred from the policy and object of the Act.

– Article 14 guarantees equality before the law and equal protection of the laws.
– Unguided discretionary power can lead to arbitrary and discriminatory actions.
– Arbitrary action is the antithesis of equality.

The Supreme Court of India has emphasized that discretion should not be “untrammeled and absolute” but must be guided. While some degree of discretion is necessary for administration, it must be capable of being exercised reasonably and not arbitrarily.

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