Subject: Administrative Law Subject Code: Max. Marks: 60 Max. Time: 2.30 Hrs Student's ID No.

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TERM END/ATKT EXAMINATION, FEBRUARY– 2021

Program: LL.M(ONE YEAR)

SEMESTER- I

Subject: ADMINISTRATIVE LAW Subject Code:


Max. Marks: 60 Max. Time: 2.30 Hrs
Student’s ID No.:
Read this before you look at the
1. Write your ID number in the question paper at the place specified for it
2. Ensure that you have entered all the details on the answer book and
have obtained Invigilator’s signature
3. Do not write / mark anything on the question paper
4. Using question paper for rough work is strictly prohibited
Section – A
(Answer all questions. Each question carries 2 marks.)
Small Answer type (Answer in one/two lines)

1. What is Droit Administratiff and Conseild’etatin France?


2. What is “Delegatus non potes delegare” ?
3. Comment on rule of law.
4. Doctrine of locus standi. Discuss.
5. What is Doctrine of Legitimate Expectation?
Section – B
(Answer any five questions. Each question carries 6marks.)
Brief Answer type (Answer in 300 to 400 words)
6. Doctrine of proportionality and Wednesbury principle. Discuss.

7. X a member of a departmental promotion committee and himself being a candidate


for the post participated in the deliberations for selection of all candidates including
Y he withdrew himself when his name was considered by the committee. X name
was at the top of the list of selected candidates. Y who was not selected for the post
challenged the selections. Decide with the help of Judicial decisions.

8. The government had the power of granting exemption in tax to newly made and
expanded factories of sugar up to 3 years in the State of Uttar Pradesh. The
Government makes a policy to grant exemption to newly made factories in
cooperative sector for one year. The other sugar factories in the state challenged that
Government should consider every application and cannot lay down a policy to
exempt only cooperative sectors. Decide. Refer to judicial decisions.

9. Critically examine the principle of Dicey’s rule of law in the light of judicial
decisions.

MATS University, Examination Dept. Press, Term End/ATKT Examination, FEB. 21


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10. What is the scope of the Article 226 of the Indian Constitution regarding the power
ofHigh courts to control the Administrative acts? It is said that High courts assume
verywide powers under it. Discuss.

11. In Ambedkar's memorable words: 'If I was asked to name any particular Article in
the Constitution as the most important - an Article without which this Constitution
would be a nullity- I could not refer to any other Article except this one. It is the very
soul of the Constitution and the very heart of it'.

By analyzing this statement discuss the article which is heart and soul of the Indian
constitution also discuss what is the general principles related to mandamus to
enforce the public duties? Discuss writs in brief.

12. Write a detailed note on Montesquieu’s theory on Separation ofPowers and evaluate
its application in relation to Indian Constitution.

13. Discuss the permissible limits of delegation of law making power with the help of
decided cases. Also elaborate whether the power to amend or repeal an enactment is
a valid delegation of power.
Section – C
(Answer any one question. Question carries 20 marks.)
Long Answer type (Answer in 600 words)
14. “Indeed, natural justice is a pervasive facet of secular law where a spiritual touch enlivens
legislation, administration and adjudication, to make fairness a creed of life. It has many
colours and shades, many forms and shapes and, save where valid law excludes, it applies
when people are affected by acts of authority. It is the bone of healthy government,
recognized from earliest times and not a mystic testament of judge-made law. Indeed, from
the legendary days of Adam-and of Kautllya'sArthashastra-the rule of law has had this
stamp of natural justice, which makes it social justice. We need not go into these deeps for
the present except to indicate that the roots of natural justice and its foliage are noble and
not newfangled. Today its application must be sustained by current legislation, case law or
other Extant principle, not the hoary chords of legend and history. Our jurisprudence has
sanctioned its prevalence even like the Anglo-American system."Mohinder Singh Gill v.
Chief Election Commissioner

Critically examine the abovementioned statement also discuss Can the absence of
hearing before a decision is made be adequately compensated for by post decisional
hearing? Discuss referring to decided cases.

15. This Supreme Court’s ruling can be best described as an exercise in flawed legal
reasoning. The judgment pulls the proverbial rabbit out of the hat, and holds that there is
no inconsistency between the Rules and the Act. The judgment achieves this by noting that
the High Court Rules do not forbid the dissemination of information, but rather, they only
provide for a different procedure to obtain information. Hence, they cannot be held to be
inconsistent with the RTI Act. Chief Information Commissioner v. High Court of
Gujarat.

By focusing on abovementioned statement discuss, can the information relating to


disclosure of assets by the individual judges to Chief Justice of India be obtained under the
Right to Information Act? Refer to judicial decisions.

MATS University, Examination Dept. Press, Term End/ATKT Examination, FEB. 21


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MATS University, Examination Dept. Press, Term End/ATKT Examination, FEB. 21
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