Administrative Law

Previous year Law Optional UPSC(Topic Wise Question)

1.Principle of Natural Justice—Emerging trends and judicial approach..........................1

2. Delegated legislation and its constitutionality. .............................................................. 3
3. Separation of powers and constitutional governance................................................... 4
4. Judicial review of administrative action. ........................................................................ 5
Anti Defection Law............................................................................................................. 5
5. Ombudsman: Lokayukta, Lokpal etc............................................................................... 6

1.Principle of Natural Justice—Emerging trends and judicial

approach.
1. Explain the various principles of natural justice with the help of relevant decided
cases. [2021 3(c)]
2. "Distinction between quasi-judicial and administrative functions is no longer the
exclusive criteria for deciding whether or not the rule of Natural Justice apply."
Critically examine this statement. [2020 2(b)]
3. ‘Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of
natural justice to adjust the need for speed and obligation to act fairly.” Examine the
statement with the help of decided case-law. [2019 1(c)]
4. “Natural justice is not a made to order formula which has to be fitted to all situations
with an iron-bound uniformity.” Comment. Refer to case laws. [2018 1(d)]
5. Administrative powers/actions are not always in conflict with the rule of law principle.
Discuss with illustration [2018]
6. Explain the significance of the rule of ‘AUDI ALTERAM PARTEM’ in administrative
decision making and state the circumstances under which post decisional hearing can
effectively satisfy the mandate of natural justice. [2017 2(c)]
7. “The ‘Rule of Law' is based on the principle of legality and is opposed to exercise of
arbitrary powers.” Discuss. Explain whether failure to give reasons amounts to
exercising power arbitrarily. [2016 4(a)]
8. The rule against bias strikes at such factors which may improperly influence in
arriving at a decision. Comment. [2016 1(c)]
9. Write critical notes on "Modern progressive approach of the principles of natural
justice". [2012 4(c)]
10. "There is still a controversy whether 'Reasoned Decisions' comprise a third pillar of
natural justice." Do you agree with this statement? Discuss with reference to recent
case laws. [2009 1(b)]
11. "The concept of natural justice is elastic and is not susceptible to precise definition."
Do you agree with this statement? Explain the concept of natural justice with the help
of case-law. [2006 1(d)]
12. "Bias vitiates all judicial and quasi-judicial proceedings." Comment on this statement
and give two examples to illustrate the principle. [2005 4(a)]
13. Illustrate the doctrine of ‘nemo judex in causa sua' (no one should be a judge in his
own cause) as an effective rule of natural justice. [2002 4(b)]

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Previous year Law Optional UPSC(Topic Wise Question)

14. Except in cases where the requirement has been dispensed with expressly or by
necessary implication an administrative authority exercising judicial or quasi-judicial
functions is required to record the reasons for its decisions.nExamine and discuss
whether administrative authority must record reasons for its decision when
performing administrative function. [2001 2(b)]
15. Justice should not only be done, but should manifestly and undoubtedly be seen to be
done. [1999 1(c)]
16. "A quasi-judicial authority, cannot make any decision adverse to any party without
giving him an effective opportunity of meeting any relevant allegations against him."
Examine. [1995 1(b)]
17. "Distinction between quasi-judicial and administrative function is no longer the
exclusive criterion for deciding whether or not the j rules of natural justice apply".
Critically examine the above statement. [1994 1(a)]
18. Are the principles of natural justice embodied in the rules of the constitution of India
having the characteristics of due process of law' and possessing the importance of
Fundamental Rights? Discuss how the Supreme Court has answered this question and
how it has in Tulsi Ram Patel case defined the nature and scope of natural justice.
[1991 3(a)]
19. Is the principle of natural justice an essential pre-condition for all legal and
administrative action? Explain the position of this principle as it has emerged under
the constitution. [1990 1(b)]
20. 'An employer cannot ignore the rules of natural justice to terminate the service of an
employee by invoking a contractual term contained in the rules or in an agreement of
service and by giving notice or salary in lieu thereof. Discuss. [1988 1(d]
21. The dividing line between an administrative power and a quasi-judicial power is quite
thin and is being gradually obliterated. If the purpose of the rules of natural justice is
to prevent miscarriage of justice, on fails to see why those rules should be made in
applicable to administrative inquiries. Discuss. [1987 1(d)]
22. A female student residing in the women's hostel of the varsity lodged a complaint
against a male student stating that he teased her and attempted to assault her in
presence of some other female students at the gate of the hostel. The enquiry officer
after hearing the parties and the witnesses found him guilty. He questions the validity
of the finding on the ground that the complainant and the witnesses were examined in
his absence and that he was not allowed to cross-examine them? Decide. [1987 4(b)]
23. A Public Corporation advertised for the post of a Managing Director. One of the
applicants was a brother of X, a member of the Selection Committee. Though X sat on
the Committee to decide about the merits of other applicants, when his brother's
application came up for consideration, X withdrew from the Committee. The
Committee selected X's brother for the post. The selection is challenged by another
applicant. Decide. [1985 4(b)]
24. What are the essentials of natural justice to be in the administrative process? [1982
1(d)]
25. "The old distinction between a judicial act and administrative act has withered away
and an administrative order which involves civil consequences must be made
consistently with the rules of natural justice." Comment and explain when previous
hearing is required and when it may be dispensed with. [1981 (4)]

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Previous year Law Optional UPSC(Topic Wise Question)

2. Delegated legislation and its constitutionality. 

1. Delegation of Legislative Powers' has neither been permitted nor prohibited under the
Indian Constitution. Discuss the constitutionality of delegated legislation with the help
of decided cases [2021 1(e)]
2. What are the various modes of judicial control of delegated legislation? [2020]
3. While conferring the power of delegated legislation on the administration, the enabling
Act may specify the procedural safeguards to be followed in the exercise of the power.
What are the consequences of non-compliance with the requirements as laid down in the
Act? Discuss with the help of decided cases [2019 3(a)]
4. Discuss the constitutionality of delegated legislation. What are the limits of delegated
legislation? Explain. [2018 3(c)]
5. “The Policy and Guideline Theory’ presupposes delivery of justice by quasi-judicial
authority.” Elaborate it. [2016 4(c)]
6. “The need for administrative rule making entails delegated legislation.” Comment.
[2016 2(c)]
7. In light of the fact that the Constitution of India has no express prohibition on delegated
legislation, critically evaluate the basis for different judicial positions either prohibiting
excessive delegation or permitting delegation without Constitutional limitations. [2015
3(a)]
8. Do you agree with the statement that ‘re-looking of the process of delegated legislation
is necessary particularly in context to substantial amount of public participation ?’
Comment critically. [2012 1(e)]
9. "The doctrine of excessive delegation is a judicially tailored principle.:[2010 4(c)]
10. "The legislature cannot delegate its power to make a law but it can make a law to
delegate a power to determine some fact or state of things upon which the law intents to
make its own action depend." Critically comment on the above statement and discuss
with the aid of relevant legal provisions and case laws. [2008 3(a)]
11. "Essential legislative functions cannot be delegated. Explain with the help of case-law.
Also discuss the technique and utility of legislative control of delegated legislation.
[2006 1(a)]
12. "One of the methods of control over the exercise of power of delegated legislation is
legislative overseeing of delegated legislation." Discuss, highlight the legislative control
over delegated legislation. [2003 1(d)]
13. Outline the methods of Parliamentary control over delegated legislation. [2002 4(a)]
14. "There is no abdication, surrender of legislative function so long as the legislature has
expressed its will on a particular subject matter, indicated its policy and left effectuation
of policy to subordinate agency." Discuss. [2001 1(d)]
15. "The question today is not whether there should be delegated legislation, but subject to
what safeguards it should be resorted to." Critically examine the statement. [2000 1(d)]
16. Section 7 of the Delhi Laws Act, 1912 empowered the Provincial Government to extend
with such restrictions and modifications as it thinks fit to the province of Delhi or any

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 Administrative Law
Previous year Law Optional UPSC(Topic Wise Question)

part thereof, any enactment which is in force in any part of India on the date of such
notification. A petition is filed in the Supreme Court contending that delegation of such
legislative power is not constitutional. Decide. [1998 4(b)]
17. 'Delegation of legislative powers becomes unconstitutional when there is excessive
delegation’. Explain the statement and examine the limits of valid delegation of
legislative powers in India.
18. The effective control of delegated legislation has been through the judiciary and not
through the legislature'. Comment. [1990 4(a)]
19. Examine the scope of Judicial control over delegated legislation. [1989 1(d)]
20. State the constitutional and other limits of delegated legislation. Explain in this context
the meaning and nature of excessive delegation. What is the true significance of the
maxim 'a delegate cannot further delegate"? What is the extent of judicial contract of
delegated legislation? [1984 4(a)]
21. Examine the scope of Parliamentary control over delegated legislation. [1985 1(d)]
22. Discuss the importance of delegated legislation in the context of modern Welfare State.
[1984 1(d)]
23. Distinguish between "delegated legislation" and "conditional legislation." What are the
limitations in our country on the power of the legislatures to delegate their power to
administrative authorities?  [1980 5(a)]

3. Separation of powers and constitutional governance

1. What is meant by the ‘Doctrine of Separation of Powers' ? Is strict adherence of the
doctrine possible under a parliamentary form of government? Discuss with the help of
relevant case laws. [2021 4(c)]
2. Do you think the current trends in judicial activism in India are inconsistent with the
Principles of Separation of Powers, which is considered to be one of the basic features
of the Constitution? [2017 4(a)]
3. Examine the doctrine of separation of powers. Also mention the relevance of this
doctrine in India [2014]
4. “The constitution of India merely subscribes to three-fold division of gubernatorial
functions and not to the doctrine of separation of powers in its absolute rigidity.”
Comment. [2013 2(b)]
5. In the presence of institutions like Competition Commission of India and Telecom
Regulatory Authority of India, where policy making and adjudicatory functions are
fused, comment on the significance of the doctrine of separation of powers in the
contemporary Indian scenario. [2012 3(b)]
6. "The Judiciary by usurping the powers of the other two organs of the Government in
certain matters has diluted the theory of separation of powers." Do you agree?
Examine critically. [2011 1(b)]
7. The doctrine of separation of powers in its classical sense, which is functional rather
than structural, cannot be applied in any modern government. Discuss. [2010 1(d)]
8. "The supremacy of constitution in Indian legal system in reality means primacy of
judiciary over other organs of Government.’ Discuss. [1991 1(c)]
9. "Examine the extent to which doctrine of separation of powers is given effect to, under
the Indian Constitution." [1983 1(a)]

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 Administrative Law
Previous year Law Optional UPSC(Topic Wise Question)

4. Judicial review of administrative action. 

1. Explain the Pardoning Powers of the President. Examine how far the Judicial Review
can be exercised over such powers. [2020 2(1)(ii)]
2. Administrative powers/actions are not always in conflict with the rule of law principle.
Discuss with illustration [2018]
3. Briefly explain the grounds on which administrative actions can be subjected to
judicial review. [2017 1(e)]
4. Judicial Activism has both positive and negative impact on the Judiciary. [2016
4(c)(ii)]
5. "By evolving the concept of jurisdictional facts, the Courts have broadened the power
of judicial review of administrative action." Discuss this statement and compare the
extent of judicial review of administrative action over jurisdictional facts and ordinary
facts. [2009 2(a)]
6. 'Judicial review is one of the basic features of the Constitution.' Do you agree with the
view? Cite relevant case laws. (2008 2(b)
7. Write short notes on The doctrine of territorial nexus. [2007 4(a)]
8. The essence of power of judicial review in the maintenance of rule of law-and
constitutional Supremacy in the state? Examine with reference to Indian
experiences.[1991 1(c)]
9. 'There is a constant conflict between administrative powers and the rule of law'. [1987
1(c)]
10. When discretionary powers are vested in the administration, examine, under what
circumstances, courts will interfere with the exercise of such discretionary powers,
citing relevant case-law. [1986 4(a)
11. Explain how judicial control over administrative actions is exercised through writs.
[1984 1(c)]
Anti Defection Law

1. Make a distinction between judicial review and judicial power. Explain the scope of
judicial review with reference to the cases arising under the Xth Schedule of the
Constitution. [2020 1(b)]
2. An independent member joins the ruling party. After a few months he disobeys the
whip and abstains from voting. He was disqualified. He challenges the constitutional
amendment providing for disqualification on the grounds that it restricts his freedom
of speech and expression, interferes with his discretion to act according to the demand
of his voters and excludes judicial review of the act of disqualification. Decide. [1993
4(c)]
3. In exercise of powers conferred on him under paragraph 6 of the Tenth schedule to the
constitution, the speaker of Lok Sabha gives his decision on questions as to
disqualification of some members on ground of defection. The aggrieved members file
a writ petition against the decision of the speaker in the Supreme Court
notwithstanding a bar to jurisdiction of all courts under paragraph 7 of the said
schedule? Decide. [1992 2(b)]

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5. Ombudsman: Lokayukta, Lokpal etc

1. Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal
and Lokayuktas Act, 2013. How do you think the office of Lokpal is better than other
anti-corruption mechanisms? [2020 2(a)(i)]
2. The purpose of the office of the ‘Lokpal’ is not to adjudicate, but to provide regular
machinery for investigating grievances against the administration in a discrete and
informal manner.” Critically examine this statement by providing proper justification
of the office of the ‘Lokpal’ in India. [2019 1(b)]
3. Do you think the institution of Lokpal, as envisaged under the Lokpal and Lokayukta
Act, 2013, is efficacious enough to curb corruption in India? State the inadequacies in
the legislative framework, if any. [2017 4(c)]
4. The role of ‘Ombudsman’ is to correct the administrative faults which are troubling
the rights of a person in view of proliferation of trading entities. Discuss. [2016 4(b)]

5. Define and distinguish between the terms ‘Lokayukta’ and ‘Lokpal’ in the Indian
context. Also mention about its relevance. [2015 1(d)]
6. Indian ombudsman-unfulfilled dream. [2009 4(b)]

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