Q. 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?
Why this question:
- Important static topic
- In the context of the Government of National Capital Territory (GNCT) of Delhi (Amendment) Act, 2021
Exp) Option a is correct.
Article 14 of Indian Constitution says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The concept of ‘equality before law’ is an element of the concept of ‘Rule of Law’. This concept has the following three elements or aspects:
- Absence of arbitrary power
- Equality before the law, that is, equal subjection of all citizens to the ordinary law of the land
- The constitution is the result of the rights of the individual
The first and the second elements are applicable to India. This means ‘equality before law’ under Article 14 connotes the absence of arbitrary power with the authorities. Thus, when a legislation confers uncontrolled discretionary powers on any authority, it tends to violate the article 14 of the constitution.
Option b is incorrect. Article 28 is related to the right to freedom of religion. It provides that no religious instruction shall be provided in any educational institution wholly maintained out of State funds. Further, no person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to attend any religious instruction or worship in that institution without his consent.
Option c is incorrect. Article 32 confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. Article 32 affirms the right to move the Supreme Court if a fundamental right is violated. Under this article, the Supreme Court can issue writs for the enforcement of any of the fundamental rights of the citizens.
Option d is incorrect. Article 44 provides for one of the Directive Principles of State Policy. Article 44 says that the “State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.
Source) Laxmikant Chapter 7