UPSC Prelims 2021 · GS Paper I
Question 85: Polity and Governance
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?
AnswerUPSC’s answer is (a).
Article 14 guarantees equality before the law and equal protection of the laws. The Supreme Court has held that arbitrariness is the opposite of equality, so a law that gives an executive authority unguided and uncontrolled discretion in applying it violates Article 14. Article 28 deals with religious instruction in schools, Article 32 with the right to constitutional remedies and Article 44 with a uniform civil code.
Why each option is right or wrong
- (a) Right: unguided discretion is arbitrary and violates the equality guarantee.
- (b) Wrong: Article 28 concerns religious instruction in educational institutions.
- (c) Wrong: Article 32 provides the remedy to approach the Supreme Court.
- (d) Wrong: Article 44 is a Directive Principle on a uniform civil code.
Answer: UPSC’s key. Explanation: written by UPSC Grade, not by UPSC.
Source: UPSC, Civil Services (Preliminary) Examination 2021, General Studies Paper I, Series A. The paper on upsc.gov.in.