UPSC Prelims 2021 Q85: Unguided Discretionary Power — Explained
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
Answer: (a) Article 14
Statement-wise explanation
- a: correct — Article 14 bars the State from denying any person equality before the law or the equal protection of the laws. In State of West Bengal v. Anwar Ali Sarkar (1952), the Supreme Court struck down a provision of the West Bengal Special Courts Act. It let the government send 'cases' to special courts without any guiding principle, and the Court held that this unguided power broke Article 14. E.P. Royappa (1974) and Maneka Gandhi (1978) later held that arbitrariness is itself contrary to equality, so a law that gives the executive uncontrolled discretion fails Article 14.
- b: incorrect — Article 28 is part of the right to freedom of religion (Articles 25–28). It bars religious instruction in educational institutions wholly maintained out of State funds. In institutions recognised or aided by the State, it stops anyone from being forced to attend such instruction. It does not deal with how discretion is given to the executive.
- c: incorrect — Article 32 gives the right to move the Supreme Court to enforce Fundamental Rights, and lets the Court issue writs such as habeas corpus and mandamus. It is the remedy someone would use to challenge an arbitrary law. The right that such a law violates is a different one, so Article 32 is not the answer.
- d: incorrect — Article 44 is a Directive Principle in Part IV. It asks the State to endeavour to secure a uniform civil code for citizens. Under Article 37, Directive Principles cannot be enforced in court, so a law cannot be struck down for 'violating' Article 44.
How to eliminate
Basic knowledge of what each Article covers is enough to narrow this down. Article 44 is a Directive Principle and cannot be enforced, so a law cannot violate it in the sense the question means. Article 28 is about religious instruction in schools and has nothing to do with administrative discretion. Article 32 is the remedy, not the right that gets violated. That leaves Article 14. The fact to remember: the Supreme Court treats arbitrariness as the opposite of equality (Royappa, 1974). That is why unguided or uncontrolled discretion, and 'manifestly arbitrary' laws, are struck down under Article 14.
Know more
Article 14 has two parts. 'Equality before the law' comes from the British rule-of-law idea: no one is above the law. 'Equal protection of the laws' comes from the US Constitution: people in similar situations must be treated alike. Article 14 protects every person, citizens and non-citizens alike.
Over time, the Supreme Court has read Article 14 in two ways:
| Doctrine | Test | Landmark case |
|---|---|---|
| Reasonable classification | The classification must rest on an intelligible differentia, and that differentia must have a rational nexus with the law's object | State of W.B. v. Anwar Ali Sarkar (1952) |
| Non-arbitrariness | 'Equality and arbitrariness are sworn enemies'; any arbitrary State action breaks Article 14 | E.P. Royappa (1974), Maneka Gandhi (1978) |
| Manifest arbitrariness | A law can be struck down if it is capricious, irrational or without an adequate determining principle | Shayara Bano (2017) |
Unguided discretion. A law may give officials discretion, but it must also lay down a policy or guidelines that control how that discretion is used. If a law lets an officer pick and choose people or cases with no standard at all, it allows discrimination even before any discrimination happens. Courts strike down such a law itself, not just the way it was applied. If the law does contain guidelines but an officer misuses them, only that action is quashed and the law stands.
Related Articles that UPSC often uses as distractors:
| Article | Subject |
|---|---|
| 14–18 | Right to Equality |
| 25–28 | Freedom of Religion (28: religious instruction in State-funded institutions) |
| 32 | Right to constitutional remedies (writs from the Supreme Court) |
| 44 | Uniform Civil Code (Directive Principle, not justiciable) |
NCERT Concepts to Revise
- Equality before law: The question asks which guarantee is breached when a law lets officials apply it unevenly; this is the first limb of that guarantee.
- Equal protection of laws: Unguided discretion lets similar people be treated differently, which tests this second limb of the equality clause.
- Right to equality: Shows where the equality clause sits among Articles 14–18, so you can place the options in Part III.
- Freedom as to religious instruction: Explains what Article 28 actually covers, so you can judge whether it relates to administrative discretion.