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?

Answer: A. Such a legislation VIOLATES ARTICLE 14 of the Constitution. ARTICLE 14 guarantees: 'The State shall not deny to any person EQUALITY BEFORE THE LAW or the EQUAL PROTECTION OF THE LAWS within the territory of India.' Article 14 protects against: 1. ARBITRARINESS (E. P. Royappa vs State of Tamil Nadu 1974 — Justice Bhagwati: arbitrariness is the antithesis of equality). 2. UNREASONABLE CLASSIFICATION — classification under law must satisfy two tests: (a) intelligible differentia distinguishing those grouped together from others, and (b) rational nexus with the object sought to be achieved. 3. UNCONTROLLED, UNGUIDED DISCRETION conferred on executive/administrative authorities — Maneka Gandhi vs Union of India (1978), Air India vs Nargesh Meerza (1981). A legislation that confers on the executive/administrative authority an UNGUIDED AND UNCONTROLLED DISCRETIONARY POWER means the law sets no standards, no criteria, no procedure to channel the discretion. Such 'naked' discretion enables arbitrary application — different treatment of similarly situated persons without intelligible reason. This is the CLASSIC VIOLATION OF ARTICLE 14. Landmark cases recognising this principle: - STATE OF WEST BENGAL vs ANWAR ALI SARKAR (1952) — struck down West Bengal Special Courts Act for conferring uncontrolled discretion on the state government. - DELHI TRANSPORT CORPORATION vs DTC MAZDOOR CONGRESS (1991) — termination of services under unguided discretion violates Article 14. - The doctrine 'CONFERMENT OF UNGUIDED ARBITRARY POWER VIOLATES ARTICLE 14' is well-settled jurisprudence. Why other options are WRONG: (B) Article 28 — freedom from religious instruction in state-funded educational institutions. Not relevant. (C) Article 32 — right to constitutional remedies (Dr. Ambedkar's 'heart and soul' of the Constitution). It is the REMEDY, not the right that is violated. (D) Article 44 — uniform civil code, a Directive Principle. Not relevant. Source: Constitution of India Article 14 / E. P. Royappa vs State of TN (1974) / Anwar Ali Sarkar (1952) / Maneka Gandhi (1978) / D.D. Basu, Constitutional Law of India.