Previous Year Question
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?
Article 14
Article 28
Article 32
Article 44
Correct Answer: A
Detailed Solution
A law conferring unguided and uncontrolled discretion upon an executive or administrative authority in applying the law violates the principles of equality and non-arbitrariness embodied in Article 14.
Article 14 prohibits the State from denying any person:
Equality before the law; or
Equal protection of the laws within the territory of India.
It uses the expression “person”; consequently, its protection may extend to citizens, foreigners and legal persons such as companies.
If legislation provides no clear policy, criteria or guiding principles for deciding to whom and in what circumstances it will apply, the authority may treat similarly situated persons differently. Such unfettered discretion:
Creates the possibility of favouritism and discrimination.
Permits unequal treatment of similarly situated persons.
Makes administrative action arbitrary.
Undermines the rule of law.
Article 14 does not prohibit every classification. It prohibits class legislation but permits reasonable classification. A valid classification must satisfy two conditions:
It must be based on an intelligible differentia.
The differentia must have a rational relationship with the objective of the law.
The Supreme Court has not confined equality merely to the classification test. According to its interpretation, arbitrariness is opposed to equality. Both legislative and executive arbitrariness may therefore be examined under Article 14.
This does not mean that administrative authorities can never receive discretionary powers. Discretion is valid when the law:
Clearly identifies its purpose.
Prescribes standards governing its exercise.
Provides adequate procedural safeguards.
Allows review or appeal against the decision.
The other options are incorrect:
Article 28 concerns freedom relating to religious instruction or worship in certain educational institutions.
Article 32 guarantees the right to approach the Supreme Court for enforcement of Fundamental Rights.
Article 44 is a Directive Principle concerning a Uniform Civil Code for citizens.