Question
Q 85. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violated which one of the following Articles of the Constitution of India?
a) Article 14
b) Article 28
c) Article 32
d) Article 44
Answer: A
Detailed Explanation
• Article 14 ensures that all citizens are equal and that no person shall be discriminated on the basis of sex, religion, race or place of birth. It ensures that there is a separation of power between the three wings of the government and the executive. By these methods, the constitution fulfils all the requirements of Dicey’s theory to be recognized as a country following the Rule of Law.
• Thus, a legislation which confers on the executive or administrative authority, an unguided and uncontrolled discretionary power in the matter of application of law, will violate Rule of law as prescribed under Article 14. So, option (a) is correct answer.
