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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 violates which one of the following Articles of the Constitution of India?

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?

a.  Article 14

b. Article 28

c. Article 32

d. Article 44

Answer- a

Explanation: 

Article 14: Equality before law.—The  State shall not deny any person equality before the law or equal protection of the laws within the territory of India. 

Dicey has stated that the Rule of law is an essential prerequisite for democracy. It has 4 separate features:

  1. No one should be punished except for breaches of law.
  2. There should be equal subjection of law or ‘equality before law’.
  3. When the Law is broken, there must be a certainty of punishment.
  4. The rights and liberties of the individual should be embodied in the ordinary law of the land. This would ensure that when individual rights are violated, citizens can seek redressal through the courts.

Characteristics of Rule of Law: 

  1. The supremacy of law, which means that all persons (individuals and governments) are subject to law.
  2. A concept of justice that emphasises interpersonal adjudication, law based on standards and the importance of procedures.
  3. Restrictions on the exercise of discretionary powers.
  4. The doctrine of judicial precedent.
  5. The common law methodology.
  6. Legislation should be prospective and not retrospective.
  7. An independent judiciary.
  8. The exercise of parliament of the legislative power and restrictions on the exercise of legislative power by the judiciary.
  9. An underlying moral basis for all law.

Since, article 14 has the provision of equality before law which in itself is a feature of Rule of Law, which in turn puts restriction on the arbitrary/discretionary power of administrative authority.

Hence, option a is correct.

Read: Previous Year UPSC Polity Questions (PYQs) With Explanation 2021

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