A legislation that confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India?

1. Article 14
2. Article 28
3. Article 32
4. Article 44

Explanation

Option (a) is correct

• Article 14 of the Indian Constitution stipulates that the State is prohibited from denying any person equality before the law or the equal protection of the laws within the territory of India. The principle of ‘equality before the law’ is an integral part of the broader concept of the ‘Rule of Law.’ Within the framework of the rule of law, the absence of arbitrary power is essential. Any discretionary power that lacks guidance and control would constitute arbitrary power, thereby violating the principles outlined in Article 14. Article 28 addresses the freedom from religious instruction in certain educational institutions; Article 32 provides for the right to constitutional remedies; and Article 44 calls for the implementation of a Uniform Civil Code, none of which directly addresses the issue of uncontrolled discretionary power by the executive.

Answer: (d) Article 14; Difficulty Level: Easy

Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?

1. The independence of judiciary is safeguarded.
2. The Union Legislature has elected representatives from constituent units.
3. The Union Cabinet can have elected representatives from regional parties.
4. The Fundamental Rights enforceable by Courts of Law

Explanation

Option (a) is correct

• The establishment of an independent judiciary is intricately connected to the federal structure of the Indian polity. The Constitution establishes a self-governing judiciary, with the Supreme Court at its helm.

Answer: (a) The independence of judiciary is safeguarded; Difficulty Level: Easy