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Prelims 2021 · Q85 · Fundamental Rights

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?

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Answer: A. Article 14 guarantees equality before law and bars arbitrary action. A law giving the executive unguided, uncontrolled discretion allows arbitrary and unequal treatment, so courts strike it down under Article 14.

Watch for: Arbitrariness is the opposite of equality; remember E.P. Royappa (1974).

Why the other options are wrong
  • B. Wrong because Article 28 is about religious instruction in educational institutions.
  • C. Wrong because Article 32 is the right to constitutional remedies.
  • D. Wrong because Article 44 is the directive on a Uniform Civil Code.

Source to check: Constitution of India, Article 14; E.P. Royappa v. State of Tamil Nadu (1974); Laxmikanth, Indian Polity, Fundamental Rights

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.