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QUESTION BANK ADMIN LAW

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54 views11 pages

QUESTION BANK ADMIN LAW

QUESTIONS
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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QUIZ ADMIN LAW

UNIT I

1. Trace the historical evolution of the administrative law.


2. Define administrative law and distinguish it from the constitutional law.
3. Give reasons for the growth of administrative law.
4. Do you agree with the view of Dicey that administrative discretion is antithesis to the
rule of law? Give reasons.
5. Critically evaluate the doctrine of separation of power in Indian context.
6. “Power corrupts and absolute power corrupt absolutely”. In the light of above
statement, trace the relevancy of doctrine of separation of power.
7. Critically evaluate doctrine of Rule of Law in Indian context.
8. The French Droit the Administrative has been successful in controlling administrative
discretion and also provides effective judicial review against administrative authority.
Critically comment.
9. Trace the historical development and basic features of Droit the Administrative.
10. Define delegated legislation and discuss its kinds

1) According to the definition of_________________________ Administrative Law can be


defined as a law relating to administration.
A) KC Davis
B) Sir Ivon Jennings
C) H WR Wade
D) Cesare Beccaria
Answer- B) Sir Ivon Jennings

2) When the functions of the Legislature are entrusted to organs other than the legislature by
the legislature itself, the legislation made up by such an organ is called __?
A) Delegated Legislation
B) Judicial Control
C) Procedural Control
D) Parliamentary Control

Answer- A) Delegated Legislation


3) Administrative law is a branch of _?
A) Private law
B) Company law
C) Public law
B) Corporate law
Answer- C) Public law

4) According to A V Dicey, Which of the following is not the meaning of ‘Rule of law’ ?
A) Supremacy of law
B) Equality before the law
C) King can do no wrong
D) Pre-dominance of legal spirit
Answer- C) King can do no wrong

5) Delegatus non protest delgare Means_____?


A) The delegate can further delegate
B) No delegated powers can be further delegated
C) The delegate does not have the potential for making laws
D) The delegate not protest against the authority
Answer-B) No delegated powers can be further delegated

6) Which of the following is written the definition of the phrase Nemo judex in
causa Sua…?

A) no man is capable of rendering judgment on himself


B) no man shall be a judge in his own cause
C) no man can punish himself
D) proper justice can be done if the judge is related to the party

Answer-B) No man shall be a judge in his own cause

UNIT II

1. Point out the reasons for the growth of delegated legislation.


2. Delegated legislations are against the doctrine of separation of power. Critically
comment
3. Discuss in detail the judicial control over delegated legislation.
4. Legislature cannot delegate its essentials legislative power. Critically evaluate the
above statement in the light of judicial pronouncements.
5. Discuss the parliamentary control over delegated legislation. Do you think the
publication of delegated legislation is one of the effective controls over delegated legislation.

2. Which of the following is not the meaning of 'Rule of law' according to A V Dicey
A. supremacy of law
B. equality before law
C. pre-dominance of legal spirit
D. wide discretionary powers
Answer» D. wide discretionary powers

3. Which one of the following is NOT the drawback concept of Rule of Law as given by A V Dicey
A. failure to distinguish between arbitrary power discretionary power
B. misunderstood the real nature of droit administrative
C. did not recognise the existence of administrative law in England
3. Which one of the following is NOT the drawback concept of Rule of Law as given by A V Dicey
D. did not support supremacy of law.
Answer» D. did not support supremacy of law.

4. The functions of the executive can be classified as


A. delegated legislation
B. quasi-judicial function
C. discretionary functions
D. all of the above
Answer» D. all of the above

5. Which of the following is true?


A. the legislative order has to be published
B. for quasi-judicial decisions reasons may not be given
C. the duty to give reasons applies to legislative orders
D. the administrative powers cannot be sub delegated.
Answer» A. the legislative order has to be published

6. Which of the following is not held to be a quasi- judicial function


A. determination of citizenship
B. disciplinary proceedings against students
C. determination of disqualification of members of parliament
D. an order of preventive detention
Answer» D. an order of preventive detention

7. 'Delegatus non protest delgare' means


A. the delegate not protest against the authority
B. the delegate does not have potential for making laws
C. the delegate cannot further delegate
D. the delegate can further delegate
Answer» C. the delegate cannot further delegate

9. Which of the functions may not be delegated


A. commencement
B. inclusion and exclusion
C. application of existing laws
D. essential legislative functions
Answer» D. essential legislative functions

10. Which of the following is correct definition of ‘Audi alteram partem’?


A. listening to the appeal
B. right of fair hearing
C. right to know reasons of decision
D. all of the above
10. Which of the following is correct definition of ‘Audi alteram partem’?
Answer» B. right of fair hearing

12. Which of the following is write definition of the phrase Nemo judex in causa sua
A. no man is capable of rendering judgement on himself
B. no man shall be a judge in his own cause
C. no man can punish himself
D. proper justice can be done if the judge is related to the party
Answer» B. no man shall be a judge in his own cause

13. Which of the following is not a control on delegated legislation


A. judicial
B. legislative
C. doctrine of ultra vires
D. doctrine of lifting of veil
Answer» D. doctrine of lifting of veil

14. Which of the following is not the ground of procedural ultra vires
A. non publication of rules
B. no consultation
C. sub delegation
D. none of the above
Answer» C. sub delegation

17. Which of the following is NOT a type of bias


A. pecuniary bias
B. personal bias
C. judicial obstinacy
D. none of the above
Answer» D. none of the above

18. When a personal hearing is given by one officer and order is passed by another officer, which of t
justice is/are violated
A. rule against bias
B. right to hearing
C. reasoned decision
D. all of the above
Answer» B. right to hearing

19. The Administrative tribunal have been recognised under which of the following articles of the con
A. art136 and art 227
B. art 323 a and 323 b
C. all of the above
D. art 32
19. The Administrative tribunal have been recognised under which of the following articles of the con
Answer» C. all of the above

20. Which of the following statements is true?


A. all courts are tribunals but all tribunals are not courts
B. tribunals are not bound by the decisions of supreme court
C. a tribunal is established by government
D. tribunals are not bound by principles of natural justice
Answer» A. all courts are tribunals but all tribunals are not courts

21. excess or abuse of discretion can be through which of the following grounds
A. living out relevant consideration
B. arbitrary action
C. exceeding jurisdiction
D. all of the above
Answer» D. all of the above

22. The case of Air India v Nergesh Meerza relating to termination of service on ground of first pregn
A. acting under dictation
B. unreasonableness
C. excess of jurisdiction
D. non observance of principles of natural justice
Answer» B. unreasonableness

24. 'Administrative law is a law concerning the powers and procedures of administrative agencies inc
judicial review of administrative action'. This definition is given by
A. Ivor Jennings
B. K C Davis
C. H WR Wade
D. Cessare Beccaria.
Answer» B. K C Davis

25. Which of the following is FALSE statement?


A. the primary function of administrative law is to restrict the governmental powers
B. the administrative law seeks to protect private interest and rights from encroachment of State
C. Administrative law governs relation between Government and citizens
D. Administrative law is the law concerning organisation and functions of government at rest.
Answer» D. Administrative law is the law concerning organisation and functions of government at rest.

26. Which of the following is not the meaning of 'Rule of law' according to A V Dicey
A. Supremacy of law
B. Equality before law
C. Pre-dominance of legal spirit
D. Wide discretionary powers
26. Which of the following is not the meaning of 'Rule of law' according to A V Dicey
Answer» D. Wide discretionary powers

27. A V Dicey criticized which legal system?


A. English legal system
B. French legal system
C. Australian legal system
D. American legal system
Answer» B. French legal system

28. Which one of the following is NOT the drawback concept of Rule of Law as given by A V Dicey
A. Failure to distinguish between arbitrary power discretionary power
B. Misunderstood the real nature of droit administrative
C. Did not recognise the existence of Administrative law in England
D. did not support supremacy of law.
Answer» D. did not support supremacy of law.

29. ……………….. is considered to be the doctrinal barrier for development of Administrative law in
A. Rule Of Law
B. Separation Of Powers
C. Doctrine Of Pleasure
D. Henry VIII clause
Answer» B. Separation Of Powers

30. The doctrine of Separation Of Power was systematically propounded by


A. Montesquieu in his book The Spirit of Laws
B. Plato in his book The Social Contract
C. Aristotle in his book The Spirit of Laws
D. Montesquieu in his book The Constitution.
Answer» A. Montesquieu in his book The Spirit of Laws

31. Doctrine of separation of powers means


A. one organ of the government should not exercise the function of the other
B. one organ of the government should not control or interfere with the exercise of its functions by another
C. same persons should not form part of more than one of the three organs of the government
D. all of the above
Answer» D. all of the above

32. The delegated legislation means……………..Which of the following is false?


A. the exercise by subordinate agency of legislative power delegated to it
B. The subsidiary rules made by the subordinate authorities in persons of the power conferred
C. The power of Central Government to make rules and regulations authorised by the parent act
D. The amendment made to the Act to suit the changing conditions.
Answer» D. The amendment made to the Act to suit the changing conditions.
33. The principle that by exercising the power of modification the delegate cannot change the legislat
A. R v Burah
B. Delhi Laws Act 1912, Re AIR 1951 SC
C. Ram jawaya Kapur v State of Punjab 1955 SC
D. None of the above
Answer» B. Delhi Laws Act 1912, Re AIR 1951 SC

34. Which of the following functions are permissible delegations


A. Future Acts
B. Imposition of tax
C. Supplying of details
D. Ouster of jurisdiction of Court
Answer» C. Supplying of details

35. Which of the following is/are the requisite conditions for a contract made in the exercise of execut
A. The contract must be expressed to be made by the president
B. The contract is to be executed in such manner and by such person as the President may direct
C. The contract must be entered on behalf of the President
D. All of the above
Answer» D. All of the above

36. Which of the following is true when a government contract which does not conform to the provisi
A. the contract is not enforceable in Court against the parties
B. the contract is voidable at the option of both the parties
C. the contract is void
D. none of the above
Answer» A. the contract is not enforceable in Court against the parties

37. Which of the following is write definition of the phrase Nemo judex in causa sua
A. no man is capable of rendering judgement on himself
B. no man shall be a judge in his own cause
C. no man can punish himself
D. proper justice can be done if the judge is related to the party
Answer» B. no man shall be a judge in his own cause

38. Which of the following is NOT the ground for substantive ultra vires?
A. Where parent Act is unconstitutional
B. Where parent act delegates essential legislative functions
C. Where delegated legislation is arbitrary
D. where mandatory consultation process is not complied with
Answer» D. where mandatory consultation process is not complied with

39. Principles of natural justice are NOT applicable against which of the following actions ?
A. Administrative actions
B. Rule making action
39. Principles of natural justice are NOT applicable against which of the following actions ?
C. Quasi judicial actions
D. Judicial process
Answer» B. Rule making action

40. 'Principles of natural justice are applicable even when the statute is silent they do not supplant law
was held in which case?
A. A K Kraipak v Union of India
B. M C Mehta v Union of India
C. A K Gopalan v Union of India
D. None of the above
Answer» A. A K Kraipak v Union of India

41. Which of the following is NOT an essential component of the doctrine of Audi alteram partem?
A. Right of notice
B. Oral hearing
C. Reasoned decision
D. Both A and B.
Answer» B. Oral hearing

42. When personal hearing is given by one officer and order is passed by another officer, which of the
is/are violated
A. Rule against bias
B. Right to hearing
C. Reasoned decision
D. all of the above
Answer» B. Right to hearing

43. The Administrative tribunal have been recognised under which of the following articles of the con
A. Art136 and Art 227
B. Art 323 A and 323 B
C. all of the above
D. Art 32
Answer» C. all of the above

44. Acting under dictation, non-application of mind, imposing fetters on discretion, sub delegation ar
A. Excess or abuse of discretion
B. Failure to exercise discretion
C. Order based on mixed consideration
D. None of the above
Answer» B. Failure to exercise discretion

45. excess or abuse of discretion can be through which of the following grounds
A. Living out relevant consideration
B. Arbitrary action
45. excess or abuse of discretion can be through which of the following grounds
C. Exceeding jurisdiction
D. All of the above
Answer» D. All of the above

46. The case of Air India v Nergesh Meerza relating to termination of service on ground of first pregn
A. Acting under dictation
B. Unreasonableness
C. Excess of jurisdiction
D. Non observance of principles of natural justice
Answer» B. Unreasonableness

47. Which of the following is NOT an essential to issue writ of mandamus


A. Legal duty of authority
B. Refusal to do the duty
C. Legal right of the petitioner
D. It lies against private individual
Answer» D. It lies against private individual

48. When the court finds that the order is suffering from error apparent on face of the record, which
A. Writ Of Habeas Corpus
B. Writ Of Mandamus
C. Writ Of Certiorari
D. Writ Of Quo Warranto
Answer» C. Writ Of Certiorari

49. The tortious liability of the government is recognised in the Indian constitution by
A. Art 298
B. Art 294
C. Art 323
D. Art 299
Answer» B. Art 294

50. The tortious liability of the State was NOT recognised in which of the following cases?
A. State of Rajasthan vs Vidyawati
B. Kasturi Lal vs State of Uttar Pradesh
C. State of Gujarat vs Memon Mohammed Haji
D. Railway Board vs Chandrima Das
Answer» B. Kasturi Lal vs State of Uttar Pradesh

UNIT III
1. Trace the evolution of principles of nature justice in United Kingdom, United States
and
India.
2. Discuss the role of judiciary in developing the principles of natural justice in Indian
context.
3. Discuss the main components of the principles of nature justice.
4. Critically discuss the rule against biasness with help of decided case law
5. Discuss the content of ‘right to be informed’ and ‘opportunity of being heard with the
help of decided cases.
6. Principles of natural justice cannot be availed in all situation and circumstances. In the
light of above statement, discuss the exception to the rule of natural justice with help of
decided case law.

UNIT IV
1. Define administrative discretion and explain why it is needed?

2. Discuss the judicial control of administrative discretion in India.

3. What is legitimate expectation? Can a state change its policy for future matter?
Explain with decided case laws.

4. Discuss in details the provisions of Indian Constitution dealing with judicial review of
administrative discretion.
5. Writ jurisdiction is one of the potent weapons to control administrative discretion.
Critically evaluate the above statement.
6. What you meant by the writ of habeas corpus? Discuss its essentials and point out its
usefulness.
7. Point of difference between writ of prohibition and writ of certiorari. Can both writs
may be issued in a single case?
8. Define writ of que warranto. Discuss the essential conditions which must be present
for issuing of such writ.
9. Mandamus can be issued against any public authority having mandatory duties under
the law. Explain the above statement with the help of the decided case law.
10. Concept of locus standi has been liberalized with the emergence of public interest
litigation. Comment on the above statement with the help of recent case laws.

11. Latches and delays in writ jurisdiction are not controlled by the rigid rule of limitation
laws.

Critically comment with help of judicial pronouncement.


12. Presence of alternate remedy is not a bar to writ jurisdiction in case of violation of
fundamental right. Critically comment with judicial pronouncements.

13. Write a detailed note on the evolution of institution of ombudsman in India and UK.

14. What do you mean by ombudsman? Discuss its need and relevancy in India.

15. Discuss the composition, power and the functions of the LOKPAL in the India.

16. Discuss the service conditions and functions of the Central Vigilant Commission.

17. What do you mean by administrative tribunal? Give reasons for its growth.

18. What is merit and demerit of adjudication with administrative tribunal?

19. Discuss the basic features of Administrative Tribunal Act, 1985.

20. Discuss the composition, power and functions of administrative tribunal under
Administrative Tribunal Act,1985

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