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