Q. 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?

Explanation : 

Article 14 of the Constitution of India

Article 14 of the Constitution of India states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” This article embodies the general principles of equality before the law and prohibits discrimination. It ensures that every person is treated equally under the law and that no person or group is given preferential treatment or subjected to arbitrary action by the state.

When a piece of legislation confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law, it potentially violates Article 14. This is because such unguided discretion can lead to arbitrary action, which is antithetical to the concept of equality before the law. The absence of clear guidelines or principles for the exercise of discretion means that decisions could be made based on personal preferences, biases, or whims, rather than on a consistent and objective application of the law.

Role of the Supreme Court in Upholding Article 14

The Supreme Court of India has, in various judgments, held that laws and executive actions must be fair, just, and reasonable, not arbitrary, and they must pass the test of reasonableness and non-arbitrariness to comply with Article 14. Laws that give authorities unbridled discretion without any checks and balances can be struck down as unconstitutional if they are found to be arbitrary and violating the equality clause.

Therefore, if a law provides for uncontrolled discretionary power without any guiding policy or principles, it could be challenged under Article 14 for being arbitrary and violating the right to equality before the law.

Comparison with Other Constitutional Articles

The other articles mentioned have different purposes:
– Article 28 deals with the freedom as to attendance at religious instruction or religious worship in certain educational institutions.
– Article 32 provides the right to constitutional remedies for the enforcement of Fundamental Rights.
– Article 44 is one of the Directive Principles of State Policy and deals with the Uniform Civil Code for the citizens.

None of these articles are directly related to the issue of unguided and uncontrolled discretionary power in the application of the law. Hence, the correct answer to the question is Article 14.