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Q65 (IAS/2021) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Equality Official Key

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?

Result
Your answer: —  ·  Correct: A
Explanation

The correct answer is Option 1 (Article 14).

Article 14 of the Indian Constitution guarantees Equality before Law and Equal Protection of Laws. The Supreme Court has consistently held that the "Rule of Law" is a basic feature of the Constitution. If a law confers "unguided and uncontrolled" discretionary power on the executive, it creates room for discrimination and arbitrariness.

  • Arbitrariness vs. Equality: In the landmark E.P. Royappa case, the Judiciary established that "Equality is antithetical to arbitrariness." Any law that allows an authority to act according to personal whims without defined guidelines violates the guarantee of non-arbitrariness under Article 14.
  • Article 28: Relates to religious instruction in educational institutions; it is irrelevant to administrative discretion.
  • Article 32: Provides the right to constitutional remedies; it is the mechanism for enforcement, not the substantive right being violated here.
  • Article 44: A Directive Principle (UCC) which is non-justiciable.

Thus, unguided discretion is struck down as "manifestly arbitrary," directly violating the mandate of Article 14.

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter o…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a classic 'Spirit of the Constitution' question. It moves beyond the text of Article 14 to its jurisprudential core: the Rule of Law. If you only memorized 'Equality before Law' without understanding that 'Arbitrariness is the sworn enemy of Equality' (E.P. Royappa case logic), you would miss this.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Which Article of the Constitution of India is violated by a law that grants the executive or administrative authority unguided and uncontrolled discretionary power in applying the law?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 105
Presence: 5/5
“the constitution would be violated if there is arbitrary discrimination among the educational institutions similarly situated.​ 1 Any procedure which comes in the way of a party in getting a fair trial would be violative of Article 14. Article 14 of the Constitution should not be stretched too far, otherwise it will make the functioning of the administration impossible. The guarantee of equal protection includes absence of any arbitrary discrimination by the laws themselves or in the matter of their administration. An act which is discriminatory is liable to be labelled as arbitrary. 101 Arbitrariness in the making of an order by an authority can manifest itself in different forms.”
Why this source?
  • Discusses Article 14 as guaranteeing absence of arbitrary discrimination both in laws and in their administration.
  • Explicitly links arbitrariness in administrative orders to a violation of Article 14.
  • Directly ties arbitrary or uncontrolled discretion by authorities to breach of equality protection under Article 14.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 95
Presence: 3/5
“Limitations upon the State are imposed by other provisions of the Constitution and these :I,'hts :lIowing limitations give rise to corresponding rights to the viol~ o:~lero. individual to enforce them in a court of law if the Executive Constitution. or the Legislature violates any of them. Thus, Article 265 says that "no tax shall be levied or collected exceptby authority, of law". This provision confers a right upon an individual not to be subjected to arbitrary taxation by the Executive, and if the Executive seeks to levy a tax without legislative sanction, the aggrieved individual may have his remedy from the courts.”
Why this source?
  • Explains constitutional limits on arbitrary executive action (example: taxation) and right to remedy in courts.
  • Illustrates that the Constitution prevents executive arbitrariness, supporting the view that unguided discretion is unconstitutional.
Democratic Politics-I. Political Science-Class IX . NCERT(Revised ed 2025) > Chapter 4: WORKING OF INSTITUTIONS > 4.4 THE JUDICIARY > p. 70
Presence: 3/5
“The Supreme Court and the High Courts have the power to interpret the Constitution of the country. They can declare invalid any law of the legislature or the actions of the executive, whether at the Union level or at the state level, if they find such a law or action is against the Constitution. Thus they can determine the Constitutional validity of any legislation or action of the executive in the country, when it is challenged before them. This is known as the judicial review. The Supreme Court of India has also ruled that the core or basic principles of the Constitution cannot be changed by the Parliament.”
Why this source?
  • States that the Supreme Court and High Courts can declare invalid any law or executive action if it is against the Constitution.
  • Provides the remedial mechanism by which arbitrary administrative discretion (violative of constitutional rights) can be checked.
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