Any legislation which gives unguided and uncontrolled discretion to any executive or administrative authority in the matter of enactment of the law violates which of the following articles of the Constitution of India?
5Q:
Any legislation which gives unguided and uncontrolled discretion to any executive or administrative authority in the matter of enactment of the law violates which of the following articles of the Constitution of India?
- 1Article 14true
- 2Article 28false
- 3Article 32false
- 4Article 44false
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Answer : 1. "Article 14"
Explanation :
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 said article is clearly bifurcated – while it commands the State not to deny to any person 'equality before the law', it also commands the State not to deny to any person the equal protection of the laws. Equality before the law prohibits discrimination. It is a negative concept. The concept of 'equal protection of laws' requires the State to accord special treatment to persons in different situations in order to establish equality among all. It is positive in character.