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?
Contents13
- AArticle 14
- BArticle 28
- CArticle 32
- DArticle 44
Show answer
Answer: (A) Article 14
Article 14 guarantees equality before law and embodies the Rule of Law — government power must be exercised according to law, not arbitrarily.
If a law gives unlimited, unguided discretion to an executive authority, it allows arbitrary decision-making where one person might be treated differently from another for no rational reason, violating Rule of Law under Article 14.
Article 28 = freedom from religious instruction.
Article 32 = right to constitutional remedies.
Article 44 = DPSP on uniform civil code.
Answer: (a).
Article 14 embodies the Rule of Law principle that government power must be exercised according to law, not arbitrarily or with unlimited discretion.
The Supreme Court has consistently struck down laws giving unguided discretionary powers to executives, as such powers allow different treatment of similar cases without rational basis.
This tests understanding that Article 14's equality guarantee extends beyond direct discrimination to include procedural safeguards against arbitrary state action.
Article 14: Equality Before Law
Indian Polity Article 14 equality before law unguided discretionary power
Article 14: Equality Before Law & Rule of Law Principle
Article 14 guarantees equality before law and equal protection of laws — the foundation of Rule of Law in India
Laws giving unguided discretionary power to executives violate Article 14 as they enable arbitrary treatment
Rule of Law means government power must be exercised according to established legal principles, not personal whims
Article 14 applies to both citizens and non-citizens within Indian territory
Core Guarantee
Article 14 states: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." This embodies the Rule of Law principle — government must act according to law, not arbitrary discretion.
Equality before law = no person is above the law
Equal protection of laws = similar circumstances must be treated similarly
Two Components of Article 14
Component | Meaning | Origin | Key Principle |
|---|---|---|---|
Equality before law | No person above the law | British Rule of Law | Same law applies to all |
Equal protection of laws | Similar treatment for similar situations | US 14th Amendment | No arbitrary discrimination |
Unguided Discretionary Power Problem
Unguided discretion allows officials to decide cases without legal standards or principles
Creates potential for arbitrary treatment — Person A and Person B in identical situations may get different outcomes
Violates Rule of Law because decisions are based on individual judgment, not established legal criteria
Supreme Court has struck down laws that give excessive discretionary power without adequate guidelines
Guided discretion with clear criteria and safeguards is constitutionally permissible
Question Connection
This question tests whether students understand that Article 14's Rule of Law principle prohibits arbitrary executive power. A law giving unlimited, unguided discretion violates Article 14 because it enables different treatment of similarly situated people without rational basis.
Trap: Confusing Article 14 with Article 32 — Article 32 is the remedy to enforce Article 14, not the substantive right itself
Trap: Thinking discretionary power is always unconstitutional — guided discretion with clear standards is allowed
Trap: Mixing up Articles 15-16 with Article 14 — those deal with specific discrimination grounds, Article 14 is the broader equality principle
Key Fundamental Rights Articles
Indian Polity Article 28 Article 32 Article 44
Fundamental Rights Articles: Key Distinctions for UPSC
Article 32 is the 'Heart and Soul' of Constitution — right to constitutional remedies via Supreme Court
Article 28 protects freedom from compulsory religious instruction in educational institutions
Article 44 is a DPSP directing the state to secure a uniform civil code for all citizens
Articles in Question Options
Article | Subject | Category | Key Provision |
|---|---|---|---|
Article 14 | Equality before law | Fundamental Right | Rule of Law principle |
Article 28 | Religious instruction | Fundamental Right | Freedom from compulsory religious teaching |
Article 32 | Constitutional remedies | Fundamental Right | Right to approach Supreme Court directly |
Article 44 | Uniform Civil Code | DPSP | State should secure common civil code |
Article 32: Right to Constitutional Remedies
Called 'Heart and Soul of Constitution' by Dr. B.R. Ambedkar
Guarantees right to directly approach Supreme Court for enforcement of Fundamental Rights
Empowers Supreme Court to issue writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto
Cannot be suspended except during Emergency under Article 359
Distinguishes Indian Constitution from others — makes Fundamental Rights enforceable, not mere declarations
Article 28: Religious Instruction
Prohibits compulsory religious instruction in state-funded educational institutions
Exception: institutions established and administered by religious denominations can provide religious instruction
Protects students from being forced to attend religious instruction against their conscience
Part of Right to Freedom of Religion (Articles 25-28)
Balances religious freedom with secular education policy
Trap: Article 44 is DPSP, not Fundamental Right — cannot be enforced in courts directly
Trap: Article 32 gives the right to remedy, not the substantive right itself — don't confuse procedure with substance
Trap: Article 28 is about compulsory religious instruction — voluntary instruction is allowed even in state institutions
Rule of Law Doctrine
Indian Polity Rule of Law arbitrary discretionary power
Rule of Law: Foundation of Constitutional Governance
Rule of Law means government power must be exercised according to established law, not arbitrary will
A.V. Dicey formulated the classic Rule of Law doctrine with three components
Article 14 embodies Rule of Law in Indian Constitution through equality before law guarantee
Dicey's Rule of Law Components
Component | Meaning | Indian Constitutional Provision |
|---|---|---|
Supremacy of Law | Law is supreme, no arbitrary power | Article 14, 21 |
Equality before Law | Same law applies to all persons | Article 14 |
Predominance of Legal Spirit | Rights flow from court decisions | Articles 32, 226 (writs) |
Rule of Law in Indian Context
Constitutional supremacy — Constitution is supreme law, all government action must conform to it
Judicial review — Courts can strike down laws and executive actions violating Constitution
Absence of arbitrary power — No official can act beyond legal authority or without legal basis
Equal treatment — Similar cases must be decided similarly, following consistent legal principles
Procedural safeguards — Fair procedure must be followed in government decision-making
Arbitrary Power vs Rule of Law
Arbitrary power violates Rule of Law because it allows officials to make decisions based on personal preference rather than legal standards. When legislation gives unguided discretionary power, it creates a legal framework for arbitrary action — exactly what Rule of Law prohibits.
Trap: Rule of Law doesn't mean 'rule by law' — even dictatorships can rule by law; Rule of Law requires law to be just and fairly applied
Trap: Don't confuse guided discretion (constitutional) with arbitrary discretion (unconstitutional)
Trap: Rule of Law is not just about courts — it applies to executive and legislative actions too