NATURE, SCOPE AND DEVELOPMENT

OF ADMINISTRATIVE LAW

Nature and Definitions

Administrative law is study of multifarious powers of administrative authorities and the nature of
their power can be studied under the following three heads:
 Legislative or Rule-Making
 Judicial or Adjudicative, and
 Executive

Administrative Law is, in fact, the body of those rules which regulate and control the
administration. Administrative Law is that branch of law which is concerned with the
composition of power, duties, rights and liabilities of the various organs of the government that
are engaged in public administration.

Austin has defined administrative Law as the law, which determines the ends and modes to
which the sovereign power shall be exercised. In his view, the sovereign power shall be
exercised either directly by the monarch or indirectly by the subordinate political superiors to
whom portions of those powers are delegated or committed in trust.

K.C. Davis has defined administrative Law as the law concerning the powers and procedures of
administrative agencies, including especially the law governing judicial review of administrative
action.

Sir. Ivor Jenning defines Administrative Law as the law relating to administration. It
determines the organization, powers and duties of administrative authorities.

Holland regards Administrative Law as “one of six" divisions of public law, in his famous book
“Introduction to American Administrative Law 1958”.

Bernard Schawartz has defined “Administrative Law as that branch of the law which controls
the administrative operations of the government. It sets forth the powers which may be exercised
by administrative agencies and lays down the principles governing the exercise of those powers
and provides legal remedies to those aggrieved by administrative action.”

Dicey in 19th Century, in his book “Law of the Constitution” has defined administrative law as
follows:
Firstly, portion of a nation's legal system which determines the legal status and liabilities of all
state officials.
Secondly, defines the rights and liabilities of private individuals in their dealings with public
officials.
Thirdly, specifies the procedure by which those rights and liabilities are enforced.

This definition of Dicey suffers from certain imperfections. It does not cover several aspects of
administrative law, e.g. it excludes the study of several administrative authorities such as public
corporations which are not included within the expression “State Officials,” it excludes the study
of various powers and functions of administrative authorities and their control. His definition is
mainly concerned with one aspect of administrative law namely, judicial control of public
officials.

A famous jurist Hobbes has written that there was a time when the society was in such a position
that man did not feel secure in it. The main reason for this was that there were no such things as
administrative powers. Each person had to live in society on the basis of his own might.
According to Hobbes, in such condition, there was no place for industry, arts, letters and society.
Worst of all was the continuous fear of danger, violent death and life of solitary poor man was
brutish and short.

Friedmann, while dealing with the nature and scope of Administrative law says that
Administrative law includes the law relating to:-
(i) The legislative powers of the administration, both under common law and under statute;
(ii) The judicial and quasi-judicial powers of administration;
(iii) The legal liability of Public authorities;
(iv) The powers of judicial courts to ‘supervise the functioning of administrative authorities.

Scope of Administrative Law:

 Existence of various administrative bodies- such as, Wage-board, Central Board of
Revenue, Commission of Inquiry and Advisory Boards, Tariff Commission, etc.
 Rule- making power of administrative agencies- i.e. delegated legislation; safeguard
against abuse of power and judicial control.
 Judicial functions of administrative agencies like Administrative tribunals- i.e. Claim
Tribunals, Industrial Tribunal, Income Tax, Appellate Tribunal performing judicial functions.
 Remedies- Various remedies like writ of Mandamus, Certiorari, Prohibition etc., injunction,
declaration etc. are available to prevent any excess abuse of power.
 Procedural guarantees- The concept of procedural guarantee includes the principle of
nature justice.
 Government Liability- The Union and State Governments are liable under law of torts as
well as for control and supervision of the wrongs committed by their servants and agents.
 Public Corporation- It includes liability and legal responsibility of public corporation.
Development of Administrative Law in India:
In India system of both administrative legislation and adjudication were in existence from very
early time. The Law Commission in its XIVth Report has traced the reasons for the growth of
administrative law in the following words:-

“Society in the 20th century has become complex and governmental functions have multiplied
over a period of time. The change in the scope and character of the government from the laissez
faire to the major welfare state has resulted in the concentration of considerable power in the
hands of the executive branch of the Government."

Sources of Administrative Law under the Indian Legal System are:

1. Constitution
2. Statutes
3. Judicial decisions
4. Ordinances, notifications, circulars etc.

Thus the concept of administrative law has assumed great importance and with remarkable
advances in recent times. There are several principles of administrative law, which have been
evolved by the courts for the purpose of controlling the exercise of power by public authorities.
So that it does not lead to arbitrariness or despotic use of power by the instrumentalities or
agencies of the state. During recent past we have seen that judicial activism has become very
aggressive. It was born out of desire on the part of judiciary to usher rule of law in the society by
enforcing the norms of good governance and thereby introducing a rich wealth of legal norms
controlling the action of state agencies. Thereby, adding a new dimension to the discipline of
Administrative Law.
 MULTIPLE CHOICE QUESTIONS

1. Administrative law is that branch’ of law, the object of which is to check abuse of power by
the following:
(a) Presidents
(b) Parliament
(c) Legislatures
(d) Administrative authorities.

2. Administrative law is the branch of

(a) Natural law
(b) Statutory law
(c) Customary law
(d) Public law.

3. Administrative Law is a
(a) Procedural law
(b) Substantive law
(c) Evolved through practices and Iudicial decisions
(d) Statutory law.

4. Answer the following using the codes given below:

Administrative Law deals with:
(i) Composition, powers and functions of the administrative authorities.
(ii) Procedures to be followed by the administrative authorities in the exercise of their powers
and functions.
(iii) Methods of control of powers of the administrative authorities.
(iv) Remedies available to a person in case of violation of his rights by the administrative
authorities.
Codes:
(a) Only (i) is correct
(b) Only (i) and (ii) are correct
(c) Only (i), (ii) and (iii) are correct
(d) All of the above are correct.

5. Using codes given below, find out correct answers:

Administrative law deals with
i. the powers of constitutional authorities
ii. the powers of judicial authorities
iii. the powers of the administrative authorities
iv. the powers of the legislative authorities.
Codes:
(a) Only i and ii are correct
(b) Only ii is correct
(c) Only iii is correct
(d) i, ii, iii and iv are correct.

6. “Administrative law is that portion of a nation's legal system which determines the legal
status and liabilities of all state officials and defines the rights and liabilities of private
individuals in their dealing with public officials.” Who stated the above sentence:
(a) Dicey
(b) Ivor Jennings
(c) Prof. Wade
(d) Gamer.

7. “Administrative Law is the Law relating to administration. It determines the organisation's

powers and duties of Administrative Authorities” This definition of Administrative Law is
given by
(a) Prof. K.C. Davis
(b) Schwartz
(c) Sir Ivor Jennings
(d) Prof. Wade.

8. ‘Administrative law is the law concerning the powers and procedures of administrative
agencies including especially the law governing judicial review of administrative action."
Who said so?
(a) Ivor Jennings
(b) William Wade
(c) K.C. Davis
(d) Griffith and Street.

9. Administrative law is concerned with the operation and control of the powers of
administrative authorities with emphasis on functions rather than on structure. This definition
was given by
(a) K.C. Davis
(b) Jennings
(c) A.V. Dicey
(d) Wade.
10. "Administrative law is a study of pathology of power in a developing society. Accountability
of the holders of public power for the ruled is the focal point of this formulation.” Who
among the following jurists has given this definition?
(a) A.V. Dicey
(b) Davis
(c) Sir William Ivor Jennings
(d) Prof. Upendra Baxi.

11. Administrative law primarily does not concern itself with which of the- official functions?
(a) Rule-making
(b) Rule-application
(c) Quasi-judicial action
(d) Private law.

12. Which one of the following is a basic source of administrative law?

(a) customs
(b) judicial decisions
(c) legislation
(d) equity.

13. Which one of the following is not basic source of administrative law?
(a) Custom
(b) Delegated legislation
(c) Ordinance promulgated by Governor
(d) Reports of the committees and commission.

14. Which of the following is not a source of Administrative Law?

(a) Judicial Decision _
(b) Ordinance
(c) Statute
(d) Law reporter.

15. Who of the following jurist observed that” it is logically impossible to distinguish
administrative law from constitutional law and all attempts to do so are artificial":
(a) Holland
(b) Ivor Jennings
(c) A.V. Dicey
(d) Keith.
16. "Constitutional law is concerned with the organization and functions of government at rest,
while administrative law, is concerned with that organization and those functions in motion.”
This statement was given by
(a) Austin
(b) Salmond
(c) M.P. Iain
(d) None of the above.

17. State the similarity between constitutional and administrative laws.

(a) Both constitutional and administrative laws are private laws
(b) Both constitutional and administrative laws regulate the highest norms of the State
(c) Both constitutional and administrative laws deal with the organization and functions of the
government at rest
(d) Both constitutional and administrative laws are public laws.

18. Administrative law as a separate branch of legal discipline, especially in India, came to be
recognised in the middle of:
(a) 17th century
(b) 18th century
(c) 19th century
(d) 20th century.

19. Find correct answer:

(a) Administrative law is a branch of public law and is only a part of Constitutional law. It
cannot control the Constitutional law.
(b) Administrative law is a branch of private law.
(c) Administrative law is independent to Constitutional law.
(d) Administrative law is neither the branch of public law nor of private law, but a part of
Constitutional law.

20. Read Assertion (A) and Reason (R) and give correct answer by using code below:
Assertion (A): Administrative law is a branch of public law in contradiction to private law.
Reason (R): Administrative law primarily deals with the relationship of individuals inter se.
Code:
(a) Both (A) and (R) are correct and (R) is the correct explanation of (A)
(b) Both (A) and (R) are correct but (R) is not the correct explanation of (A)
(c) (A) is correct (R) is incorrect
(d) (A) is incorrect (R) is correct.
21. Read Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): Administrative law is a law, but it is not law in the lawyer's sense of the term like
property or contract law.
Reason (R): In India, Administrative Law is a combination of judicial precedents and statutes.
Codes:
(a) Both (A) and (R) are true and (R) is correct explanation of (A).
(b) Both (A) and (R) are true, but (R) is not correct explanation of (A).
(c) (A) is true, but (R) is false.
(d) (A) is false, but (R) is true.

22. Read Assertion (A) and Reason (R) and give correct answer using codes given below.
Assertion (A): Administrative law is branch of public law.
Reason (R): Administrative law deals with organization and power of administrative and quasi-
judicial agencies.
Codes:
(a) (A) is correct but (R) is not correct
(b) Both (A) and (R) are correct
(c) (A) is incorrect but (R) is correct
(d) Both (A) and (R) are incorrect.

23. Which of the following statements are correct in relation to the growth of Administrative law
in India?
(i) In the pre-constitutional period, a system of administrative legislation and adjudication
existed.
(ii) Concept of welfare state emerged with the passage of time.
(iii) In the new economic order, State is withdrawing from business, yet its functions as
facilitator and regulator are increasing. It will increase the significance of administrative
law.
(iv) All administrative matters are dealt by the Administrative Courts and their decisions are
final and not subject to judicial review by the Supreme Court and High Court.
Choose the correct answer from the code given below:
Code:
(a) (i) and (ii) are correct
(b) (ii) and (iv) are correct
(c) (i), (ii) and (iii) are correct
(d) (i), (ii), (iii) and (iv) are correct.

24. The Red light and the Green light theories of administrative law were developed by:
(a) Iain and Iain
(b) Griffith and Street
(c) Harlow and Rowlings
 (d) Ivor Jennings.

25. The constitutionality of administrative rule-making in India, can be studied in different

periods—
(a) three
(b) six
(c) two
(d) four

26. Who has defined administrative law in the following words, “Administrative law relates to
that portion of a nations legal system which determines the legal status and liabilities of all
state officials, defines the rights and liabilities of private individuals in their dealings with
officials and specifies the procedure by which those rights and liabilities are enforced”
(a) Dicey
(b) KC Davis
(c) Ivor Jennings
(d) Bernard Schwartz

27. Who has defined administrative law in the following words, “Administrative law is the law
relating to the administration. It determines the organizational powers and duties of
administrative authorities"
(a) Dicey
(b) K.C. Davis
(c) Ivor Jennings
(d) Bernard Schwartz

28. Administrative law is that branch of the law which controls the administrative operations of
the government. It sets forth the power which may be exercised by administrative agencies
and lays down the principles governing the exercise of those powers and provides legal
remedies to those aggrieved by administrative action:
(a) Dicey
(b) K.C. Davis
(c) Ivor Jennings
(d) Bernard Schwartz

29. Administrative law is that branch of public law which deals with organization and powers of
administrative and quasi administrative agencies prescribes principles and rules by which an
official action is reached and reviewed in relation to individual liberty and freedom- this
definition was given by:
(a) Dicey
(b) IP Massey
 (c) Ivor Jennings
(d) Bernard Schwartz

30. According to Red Light Theory the main objective of administrative law is:
(a) to control the power vested in the parliament
(b) to control the power vested in the judiciary
(c) to control the power vested in the government
(d) None of the above

31. Green Light Theory promotes:

(a) Collectivism
(b) Groupism
(c) Federalism
(d) None of the above

32. Administrative law is the law that governs:

(a) Administrative actions
(b) Judicial actions
(c) Quasi-judicial actions
(d) All of -the above

33. Albert Venn Dicey, a British jurist, rejected the whole concept of Administrative law in the
year?
(a) 1985
(b) 1785
(c) 1895
(d) 1885

34. Who rejected the whole concept of Administrative law in the year 1885?
(a) A.V. Dicey
(b) Ivor Jennings
(c) John Locke
(d) Coke

35. There are significant differences between Administrative law and Constitutional law. In the
light of above statement which of the following statement is incorrect:
(a) A Constitution is the supreme law of the land.
(b) Administrative law deals only with the administration, powers and functions of the
administrative authorities.
(c) Administrative law is not subordinate to constitutional law.
(d) Administrative authorities should follow the Constitution
 CHAPTER 2

RULE OF LAW AND ADMINISTRATIVE LAW

The term "Rule of Law" has been derived from the French phrase “La principle de legalite”
(Principle of Legality), which refers to a government based on principles of law and not of men.
In this sense the concept of ‘ la legalite’ was opposed to arbitrary powers. The originator of the
concept of rule of law was Sir Edward Coke the Chief Justice in James I Reign. The
administrative law and rule of law are not opposed to each other but on the other hand go parallel
with a common objective of achieving an orderly government. Administrative law is not
inconsistent with rule of law. As Administrative law checks and controls the discretionary
powers of administrative authorities. Rule of Law is a product of struggle for centuries by the
people for recognition of their inherent right. Aristotle wrote that "law should be the final
sovereign". In 1215, the Magna Carta checked in the corrupt and whimsical rule of King John by
declaring that the government should not proceed except in accordance with the law of the land.

The most famous exposition of the concept of rule of law has been laid down by A.V. Dicey, in
his book "Law of the Constitution". He identifies three principles which together establishes the
rule of law:
1. Supremacy of law- Absolute supremacy or predominance of regular law as opposed to the
influence of arbitrary power.
2. Equality before law- The Equality before the law or the equal subjection of all classes to the
ordinary law of the land administered by the ordinary courts; and
3. Predominance of Legal Spirit- The law of the constitution is a consequence of the rights of
individuals as defined and enforced by the courts

Criticism of Dicey:
Dicey’s concept has been criticized because of the predominance of ordinary laws and the
absence of discretionary power. Discretionary power is a must when it comes to the application
of laws by governmental agencies like impartial and independent tribunals. Dicey’s notions may
have been criticized but the main idea behind the rule of law still holds good i.e. protection of
individual rights and liberties. For a democratic government, the rule of law is a basic
requirement; and for the maintenance of the rule of law, there must be an independent and
impartial judiciary.

Basic Principles of the Rule of Law:

 Law is Supreme, above everything and everyone. No one is above law,
 All things should be done according to law and not according to whims.
 No person should be made to suffer except for a breach of law.
 Absence of arbitrary power is the basic principle of rule of law.
 Equality before law and equal protection of law.
 Discretionary power should be exercised within reasonable limits set by law.
 Adequate safeguard against executive's abuse of powers.
 Independent and impartial Judiciary.
 Just and fair procedure.
 Speedy Trial

Droit Administratif:
French administrative law is known as Droit Administratif. It can be defined as a body of rules
which determines the organization and the duties of public administration and which regulate the
relations of administration with the citizens of the State. Droit Administratif does not represent
the rules and principles enacted by Parliament. It contains the rules developed by administrative
courts.

Main characteristic features of Droit Administratif:

1. Those matters concerning the State and administrative litigation falls within the jurisdiction
of administrative courts and cannot be decided by ordinary courts of the land.
2. Those matters concerning the State and administrative litigation are to be governed by the
rules as developed by administrative courts.

However, despite the obvious merits of the French administrative law system. Prof. Dicey was of
the opinion that there was no rule of law in France nor was the system as satisfactory as it was in
England. He believed that the review of administrative action is better administered in England
than in France.

Rule of law in India:

Article 14 of the Constitution of India specifically provides that the state shall not deny to any
person equality before the law or the equal protection of the laws. Concept of rule of law was
taken by our constitutional fathers from England. In India Constitution is considered to be
supreme and no one is above Indian Constitution as it is the fundamental law of the land. The
rule of law plays an effective role by emphasizing upon fair play and greater accountability of
the administration. It lays greater emphasis on the principles of natural justice and the rule of
speaking order in an administrative process in order to eliminate administrative arbitrariness.

Leading Case laws:

1. ADM Jabalpur vs. Shivkant Shukla,- Justice Khanna observed: “Rule of Law is antithesis of
arbitrariness in all civilised societies.” It is also known as “Habeas Corpus case”.
2. Som Raj vs. State of Haryana,- absence of arbitrary power is the basic postulate of rule of
law upon which the whole constitutional edifice is dependent.
3. Chief Settlement Commissioner, Punjab vs. Om Prakash,- “The concept of the rule of law
is the central and most important characteristic feature which in the present context means
that the authority of Court of Law is to test all administrative action by the standard of
legality”.
4. Keshvananda Bharti vs. State of Kerala,- Rule of law is one of the most important aspects
of doctrine of basic structure.
5. Indira Gandhi vs. Raj Narain,- “The rule of law postulates the pervasiveness of the spirit of
law throughout the whole range of government actions in the sense of excluding arbitrary
official action in its whole sphere.”
6. Bachan Singh vs. State of Punjab,- Court observed that “Rule of law permeates through the
entire fabric of the Constitution and indeed forms one of its basic features.”
7. State of M.P. vs. Thakur Bharat Singh,- Court held that we have adopted under our
constitution not the continental system but the British system under which the rule of law
prevails.
8. A.K. Kraipak vs. Union of India,- Court observed that: Rule of law runs like a golden thread
through every provision of the constitution and indisputably constitutes one of its basic
features.
9. Re Arundhati Roy, Supreme Court held that- ‘Rule of Law’ is the basic rule for governance
of any civilized democratic polity.

From the above mentioned discussion, it can be concluded that Supremacy of law is the Aim;
Rule of Law is the best tool to achieve this Aim. Some of the efforts have also been taken by the
courts where the Rule of Law is linked with Human Rights of the people. Strategy is being
evolved by the court by which government can be forced not only to submit to law but also to
create conditions where capacities can be developed by the people so as to enjoy their rights in
proper and meaningful manner.
 MULTIPLE CHOICE QUESTIONS

1. ‘Rule of law’ means:

(a) rule of nature
(b) rule of procedure
(c) rule of man
(d) pervasiveness of the spirit of law and to avoid arbitrariness.

2. K.C. Davis in his book, Administrative Law gave several meanings of the term ‘rule of law’.
Choose the correct option accordingly.
(a) Fixed rules of law
(b) Exclusion of discretion
(c) Both (a) and (b)
(d Neither (a) nor (b).

3. According to Dicey, the meaning of the rule of law may be discussed under which of the
following heads?
(a) Equality after law
(b) Equality of fixed rules of law
(c) Equality under law
(d) Equality before law.

Which of the following does not conform to the Principle of Rule of Law?
(a) No person should be made to suffer
(b) All things should be done according to law and not according to whim
(c) Absence of Arbitrary power
(d) Law is supreme and no one above law.

5. Who was the originator of the term Rule of Law?

(a) A.V. Dicey
(b) Montesquieu
(c) Thomas Aquinas
(d) Edward Coke.

6. Which article in Indian Constitution reflects A.V. Dicey’s “Rule of Law”?

(a) Article 14
(b) Article 21
(c) Article 23
(d) Article 30

7. Which of the following cases is not related with rule of law?

(a) Indira Gandhi v. Raj Narain
(b) ADM Iabalpur v. S.K. Shukla
(c) S.P. Gupta v. Union of India
(d) Jaisinghani v. Union of India.

8. Professor Dicey gave following three meanings of Rule of Law-

(a) Absence of arbitrary power or supremacy of the law
(b) Equality before law
(c) The constitution is the result of the ordinary law of the land out of the above aspects which of
the following apply to Indian system

(a) (a) and (b) only

(b) (b) and (c) only
(c) (a) and (c) only
(d) all (a), (b) and (c)

9. According to A.V. Dicey’s formulation of Rule of Law, it denotes-

(a) two meanings
(b) five meanings
(c) three meanings
(d) single meaning

10. The term ‘Rule of Law’ is derived from the French phrase ‘la principle de legalite', which
means-
(a) Principle of Equality
(b) Principle of Individuality
(c) Principle of Separation
(d) Principle of Legality

11. In India, “the machinery of government is essentially British and the whole collection of
British Constitutional Conventions has apparently been incorporated as conventions”. Is the
observation of:
(a) A.V. Dicey
(b) Sir Ivor Jennings
(c) S.A. de Smith
(d) Wade and Phillips

12. Rule of law is derived from:

(a) French phrase
(b) German phrase
(c) Common law phrase
(d) Latin phrase

13. Rule of law means:

(a) government based on principle of law and not of men
(b) government based on men and not on the principle of law
(c) government based on logic and not on legal principles
(d) government based on arbitrariness

14. According to Dicey, what is the meaning of rule of law:

(a) Supremacy of law
(b) Equality before law
(c) Pre-dominance of legal spirit
(d) All of the above

15. Droit Administratif is related to:

(a) French legal system
(b) English legal system
(c) American legal system
(d) German legal system

16. K.C. Davis has assigned how many principles to promote the concept of rule of law:
(a) Six
(b) Seven
(c) Three
(d) Four

17. Rule of law implies state of affairs where there is absence of arbitrary powers, where law is
observed by everyone including the government and its officers where the action of the
administration is backed by law, where every man is equal before law and assured that he will
not be punished except for violation of law, where cases relating to violation of law or disputes
as to rights and duties are decided by impartial and independent court or tribunals. This was
observed by:
(a) K.C. Davis
(b) A.V. Dicey
(c) Edward Coke
(d) William Wade

18. In England, Rule of Law was developed by:

(a) K.C. Davis
(b) A.V. Dicey
(c) Edward Coke
(d) William Wade

19. In which of the following case SC observed that ‘we have adopted under our constitution not
the continental system but the British system, under which the rule of law prevails’:
(a) State of M.P. v. Bharat Singh
(b) ADM Jabalpur v. Shivkant Shukla
(c) Bachan Singh v. State of Punjab
(d) A.K. Kraipak v. UOI

20. “Rule of law is antithesis of arbitrariness in all civilized societies” was observed by:
(a) Justice Bhagwati
(b) Justice Kuldeep Singh
(c) Justice HR Khanna
(d) Justice Chandrachud

21. “Rule of law permeates through the entire fabric of the Indian Constitution and indeed forms
one of its basic features” was observed by:
(a) Justice Bhagwati
(b) Justice Dalveer Bhandevar
(c) Justice Nagendra Singh
(d) Justice Chandrachud

22. “The constitution is the rule of law. There cannot be any rule of law other than the
constitutional rule of law” was observed in the case of:
(a) Bachan Singh v. State of Punjab
(b) ADM Jabalpur v. Shivkant Shukla
(c) Indira Nehru Gandhi v. Raj Mareum
(d) A.K. Kraipak v. UOI

23. “Rule of law constitutes the core of our constitution” was observed in the case of:
(a) DC Wadhwa v. State of Bihar
(b) Re Arundhati Roy
(c) Indira Nehru Gandhi v. Raj Mareum
(d) A.K. Kraipak v. UOI

24. “Absence of arbitrary power is the first postulate of rule of law upon which our constitutional
edifice is based” was observed in the case of:
(a) Soma Raj v. State of Haryana
(b) Re Arundhati Roy
(c) Indira Nehru Gandhi v. Raj Narain
(d) A.K. Kraipak v. UOI
25. “Rule of law is the basic rule of governance of any civilized democratic polity” was observed
in the case of:
(a) Soma Raj v. State of Haryana
(b) Re Arundhati Roy
(c) Indira Nehru Gandhi v. Raj Narain
(d) A.K. Kraipak v. UOI

26. The term of ‘rule of law’ was coined by:

(a) HLA Hart
(b) AV Dicey
(c) Austin
(d) Coke

27. Administrative law primarily does not concern itself with which of the following official
functions?
(a) Rule making
(b) Rule application
(c) Quasi judicial action
(d) Private law

28. Latin maxim “Cessante Ratione Legis Cessat Ipsa Lex” means?
(a) Before suit brought; before controversy instituted, or spoken before a lawsuit is brought.
(b) Reason is the soul of the law, and when the reason of any particular law ceases, so does the
Law itself.
(c) It is the part of a good judge to enlarge his jurisdiction, i.e. remedial authority.
(d) Mentally impaired or mentally incapable persons cannot validly sign a will, contract or form
the frame of mind necessary to commit a crime or a person with mental illness has no free
will.
 CHAPTER 3

DELEGATED LEGISLATION AND

CONTROL OF DELEGATED LEGISLATION

Delegated legislation generally means allowing bodies below the parliament to make their own
legislation i.e. law made by the executive authority as per the powers conferred to them by the
Parliament. It is also known as Subordinate Legislation, Ancillary Legislation, Administrative
Legislation, and Quasi-Legislation in administrative law. It allows the bodies beneath the
Parliament or legislature to make laws according to the requirement. There are three forms of
delegated legislation i.e., statutory instrument, orders in council and by-laws.

According to Sir John Salmond, "Subordinate legislation is that which proceeds from any
authority other than the sovereign power.”

Delegated Legislation is deemed necessary for a number of reasons. Firstly, the parliament does
not have the time to deliberate and debate every detail of complicated rules. Delegated
legislation allows laws to be made quickly than Parliament as Parliament does not sit all the time
and its procedure is rather slow because each Bill has to pass through all the stages to become a
valid law." Another reason why delegated legislation is necessary is because on certain subject
matter technical ability is required which is lacking in Parliamentarians.

Reasons behind delegation of legislative power:

1. Pressure upon Parliamentary time
2. Technicality of subject matter of legislation
3. Lack of Flexibility
4. Emergency
5. Experiment
6. The complexity of modern administration

Advantages of Delegated Legislation:

 Saves time for the legislature.
 Provides Flexibility
 Expert opinion is obtained in legislation.
 Parliament is not always present in the session.
 Used on an experimental basis.
 It is resorted to use in a situation of emergency.
Criticism of Delegated Legislation:
o It has a long bearing for legislative control because the legislature is the supreme organ of the
state as it consists of three main organs which are: Judiciary, Legislative and Executive.
o Delegated legislation has weakened the Legislative control over the Executive.
o The executive has become stronger with delegated legislation, it can easily encroach the rules
and regulation of legislation by making rules.
o This concept opposes the rule of Separation of Power.
o Lack of relevant discussion before framing the law.
o It is not in acceptance with the principle of rule of law.
o It is not stable in nature; it keeps on fluctuating on the ground of Political changes.

The constitutional limits of delegation of legislative power:

(i) The power of delegation is subject to certain limitations, the legislature cannot delegate
essential legislative functions which is necessary for determining the legislative policy.

The following non-essential functions may be delegated:-

(a) The power to extend the duration for the enforcement of the statutes, having regard to the
local conditions.
(b) The power to adopt the existing statutes, with the incidental changes in the name, place etc.
and to apply them to a new area, without modifying the underlying policy of the statute.
(c) The power to promulgate rules if such rules are to be laid before the Parliament before they
would come into force.
(d) The power to select persons by whom the tax is to be paid, to determine the rates for different
classes of goods or to amend the schedule of exemptions.

(ii) The power conferred on subordinate authority should not suffer from excessive delegation
and whether the power so conferred suffer from” excessive delegation or not should be decided
with reference to the fact that whether the delegation has gone beyond the limits of permissible
limits.

Control of Delegated Legislation:

Delegated legislation is controlled by the Parliament and the judiciary. Overall, the Parliament
has control along with statutory committees who take into account the delegated powers made by
a Bill.

There are three kinds of Control kept in check under Delegated Legislation:
1. Parliamentary or Legislative Control- In India “Parliamentary control” is an inherent
function because the executive are responsible to the legislature at two stages of control.
 Initial stage- it is to decide how much power is required to be delegated and it also checks
that Whether delegation of power is valid or not.
 Implementation stage- consists of two different parts-
(1) Direct control and
(2) Indirect control

(1) Direct Control- Under direct control Laying is an important and essential aspect and
delegated legislation has to be laid down as per the requirement which means that after
making the rules it should be placed before the Parliament. It includes three important
types of laying as per the degree of control which has to be exercised.
Simple Laying
Negative Laying
Affirmative Laying
And “Test of Mandatory” & “Test of Directory” are two main tests under direct control.

(2) Indirect Control- This is a control exercised by Parliament's Committees. The main
work of the committee is to examine:
o Whether rule are according to general object of the Act or not;
o Whether it bars the jurisdiction of the court in direct or indirect ways or not;
o Whether it has retrospective effect or not;
o Whether it safeguards or destroys the Principle of Natural Justice.
o Whether Expenditure involved in it is from consolidated fund.

2. Judicial Control- Judicial review upgraded the principle of rule of law. It gives power to
courts to see that the power so delegated is within the ambit of the constitutional framework or
not. Judicial review is more effective form of control over delegated legislation because courts
do not recommend but straightaway strikes down the rule which is ultra vires to the Constitution
or to the enabling Act (Parent Act).

3. Executive or Procedural Control- procedural control means that under Parent Act certain
guidelines are given which need to be followed while determining whether it is mandatory or
directory to follow it. It includes three components:
 Pre publication and consultation with an expert authority
 Publication of delegated legislation
 Laying of rules.

It can be either Mandatory or Directory, to identify the same, certain specified parameters are to
be seen:
 Scheme of the Act
 Intention of Legislature
 Language used for drafting purpose
 Inconvenience caused to the public at large scale
Leading Case Laws
In Narendra Kumar vs. Union of India, it was held by Supreme Court that the provision of
Section 3(5) of the Essential Commodities Act, 1955, mandates that any rules framed under the
Parent Act must be presented before both the houses of the Parliament for its approval
(Affirmative Laying). Therefore, clause 4 of Non- Ferrous Control Orders, 1958 had no effect
until it was presented in the Parliament.

In Chandra Bhan’s case, it was held that the delegation of legislative power must be reasonable
and should not suffer from any unreasonableness.

In A.K. Roy vs. Union of India, case Supreme Court held that the executive has power to bring
the Act into force and it should not be considered as excessive delegation of legislative power.

In Queen vs. Burah Privy Council considered nature and extent of legislative power of Imperial
Parliament and feasibility of its delegation.

In King vs. Benori Lal Sharma, court discussed the conditions on which delegation of
legislative power should be allowed. Court upheld the decision of Privy Council in the case of
Queen vs. Burah. It is a leading case on conditional legislation.

In Re: Delhi Laws Act Case, the power to legislate was given to the Central Government
through an Act to repeal the pre- existing laws the delegation was held to be ultra vires. Court
held that essential legislative functions should not be delegated.

In Kruse vs. Johnson, court laid down that delegated legislation would be unreasonable on
following grounds:
o It should not be partial or unequal
o It should not be manifestly unjust
o It should not disclose bad faith
o It should not involve oppressive interference with the right of the people which could find no
justification in the mind of a reasonable person.

In Atlas Cycle Industries Ltd. v. State of Haryana, Supreme Court discussed in detail the
provisions relating to laying i.e., whether provision relating to laying is directory or mandatory.

Conditional Legislation the rules are framed or designed by the legislature but power to
implement or enforce it is left with the executive organ, so executive has to check that what all
conditions are to be fulfilled in order to bring it into operation.
Sub-delegation (Delegatus non potest delegare) A delegate cannot further delegate the power of
delegation conferred on it by superior authority. It means sub-delegation is not allowed unless
permitted expressly or by necessary implication of the statute. (Parent Act)
 MULTIPLE CHOICE QUESTIONS

1. Delegated Legislation is:

(a) the law made by the Parliament or the State Legislature under delegated authority from the
Constitution
(b) the rule, regulations byelaws, etc., made by subordinate authorities under delegated authority
from the Parliament or State Legislature
(c) the Ordinance promulgated by the President or the Governor under delegated authority from
the Constitution
(d) the law declared by the judiciary while deciding cases brought before it.

2. Who defined ‘Delegated Legislation’ as “that which proceeds from any authority other than
the sovereign power and is therefore dependent for its continued existence and validity on some
superior or supreme authority”?
(a) Austin
(b) Jennings
(c) Dicey
(d) Salmond.

3. There are bulk of laws which govern people and which come not from the legislature but from
the chambers of administrators. This is called delegated legislation and it is different from-
(a) quasi-legislative action
(b) administrative rule-making power
(c) subordinate legislation
(d) executive legislation.

4. Rules made by virtue of statutory power are:

(a) Delegated legislation
(b) Administrative orders
(c) Quasi-judicial principles
(d) Precedent.

5. Which one of the following is not an instance of subordinate legislation?

(a) Delegated legislation
(b) Municipal legislation
(c) Autonomous legislation
(d) Parliamentary legislation.
6. What was specifically declared by the Supreme Court in the Delhi Laws Act case? Answer
using codes given below:
(i) Legislature should not delegate its essential function.
(ii) Excessive delegation of powers can be struck down by courts.
(iii) Extension of laws with certain modification and by changing the underlying policy of
legislation is allowed.
(iv) Legislature should itself lay down standard in the delegating Act leaving the delegate with
the power to make rules to execute the policy laid down in the Legislation.
Codes:
(a) (iii), (i), (iv)
(b) (ii), (iv), (i)
(c) (iv), (iii), (ii)
(d) (i), (ii), (iv)

7. Delegated legislation in India can be decided for post- Constitution period. This was held by
(a) Queen v. Burah
(b) Re: Delhi Laws Act, 1912, AIR 1951 SC 332
(c) N. Gupta v. Province of Bihar
(d) Both (a) and (c)

8. What is the disadvantage in delegated legislations?

(a) In case of gross violation of rights of the people, delegated legislation can be withdrawn/
amended suitably without much delay
(b) There are chances to misuse the powers, which is given by the parent act and thereby the
executive may enjoy more power than the Parliament
(c) Both (a) and (b)
(d) Neither (a) nor (b).

9. Conditional legislation under the administrative law is-

(a) also known as subordinate legislation. While making legislation, the subordinate authorities
can use their discretion.
(b) also known as contingent legislation. No discretion can be enjoyed as there is no rule-making
power
(c) Neither (a) nor (b)
(d) Both (a) and (b).

10. Certain functions which cannot be delegated are:

(a) Ouster of jurisdiction of courts
(b) Retrospective operation
(c) Essential legislative functions
(d) All the above.

11. Which one of the following statement is true?

(a) Delegated legislation cannot have retrospective effect
(b) Delegated legislation can have retrospective effect, if authorized by Act or Statute
(c) Delegated legislation can have retrospective effect, if not authorized by Act or Statute but
have reasonable and rational justification
(d) None of the above.

12. Which one of the following is not an instance of delegated legislation?

(a) Power to legislate
(b) Power to bring an act into operation
(c) Power to fill in details
(d) Power to remove difficulties.

13. Choose the function which cannot be delegated under the administrative law.
(a) Power to give retrospective effect
(b) Appointed day or commencement of the Act
(c) Application of existing laws
(d) Suspension of operation of all/ any of the provisions of the Act.

14. The "removal of difficulties” clause in a statute is also known as:

(a) Henry V clause
(b) Henry VI clause
(c) Henry VII clause
(d) Henry VIII clause

15. Delegated legislation must be controlled so that it can be properly exercised. What is the
control of delegated legislation?
(a) Parliamentary control
(b) Procedural control
(c) Judicial control
(d) All of the above

16. The basis of judicial review of delegated legislation is:

(a) Doctrine of abdication
(b) Doctrine of ultra- vires
(c) Doctrine of delegatus-non-potest delegare
(d) Doctrine of Pith and substance

17. The Re Delhi Laws Act case was decided by the majority of:
(a) 3:2
(b) 2:1
(c) 5:2
(d) 7:2
18. The basic concept of Delegated Legislation denotes delegation of................power.
(a) Voting
(b) Rule-making
(c) Administrative
(d) Judicial

19. Delegated Legislation means delegation of power-

(a) From execution to judiciary
(b) From minister to executive
(c) From judiciary to legislature
(d) From legislature to executive

20. Supreme legislation means:

(a) Legislation enacted by the parliament
(b) Legislation enacted by state legislature
(c) Legislation made by any other body except parliament and state legislature
(d) Both (a) and (b)

21. Factors responsible for the growth of delegated legislation are:

(a) Pressure upon parliamentary time
(b) Technicality of subject matter
(c) Contingency provision
(d) All of the above

22. "Henry VIII clause” is related to:

(a) Principle of Natural Justice
(b) Administrative Discretion
(c) Rule of Law
(d) Delegated Legislation

23. “Delegatus Non Potest delegare” literally means that:

(a) Delegatee cannot further delegate,
(b) Delegatee can further delegate
(c) Delegatee has very wide power
(d) Delegatee can exercise his power arbitrarily

24. Delegated Legislation can be classified into:

(a) Subordinate Legislation
(b) Conditional Legislation
(c) Both (a) and (b)
(d) None of the above

25. “Conditional Legislation refers to a statute that provides control but specifies that they are to
come into effect only when a given administrative authority finds the existence of conditions
defined in the statute” who defined conditional legislation in the said words?
(a) Hart
(b) Austin
(c) K.C. Davis
(d) Ivor Jennings

26. In which of the following legislation, legislature makes the law more complete in itself but
leaves it to the delegated authority/executive to bring such law into operation when the necessary
conditions demanding such operations are fulfilled:
(a) Conditional Legislation
(b) Subordinate Legislation
(c) Delegated Legislation
(d) None of the above

27. Emperor v. Benoari Lal is a leading case on:

(a) Conditional Legislation
(b) Subordinate Legislation
(c) Delegated Legislation
(d) None of the above

28. In which of the following country delegated legislation is not recognized:

(a) USA
(b) India
(c) UK
(d) None of the above

29. In which of the following case, SC approved the concept of delegated legislation and
discussed its limits:
(a) Re Delhi Laws Act Case
(b) Queen v. Burrah
(c) Dwarka Prasad v. State of Madhya Pradesh
(d) None of the above

30. Which of the following judge gave minority opinion in Re Delhi Laws Act case:
(a) J. Kania
(b) J. Mahajan
(c) J. Bose
(d) J. Faizal Ali

31. Which of the following was the first case on delegated legislation in India:
(a) Re Delhi Law Act case
(b) Queen v. Burrah
(c) Dwarka Prasad v. State of Madhya Pradesh
(d) None of the above

32. Harishankar Bagla v. State of Madhya Pradesh is a leading case on:

(a) Conditional Legislation
(b) Subordinate Legislation
(c) Delegated Legislation
(d) Skeleton Legislation

33. Darshan Lal Mehra v. Union of India is a leading case on:

(a) Conditional Legislation
(b) Excessive Delegation
(c) Delegated Legislation
(d) None of the above

34. Atlas Cycle Industries Ltd. v. State of Haryana is a leading case on:
(a) Parliamentary/ legislative control
(b) Control of delegated legislation
(c) Judicial control
(d) Subordinate Legislation

35. Harla v. State of Rajasthan is a leading case on:

(a) Publication
(b) Draft Rules
(c) Judicial control
(d) Laying

36. Ignorantia juris non excusat rule applies to:

(a) Published Laws
(b) Draft Rules
(c) Judicial Decisions
(d) Laying
37. Procedural control mechanism includes which of the following components:
(a) Pre Publication and consultation
(b) Publication of delegated legislation
(c) Laying of the rules before the legislature
(d) All of the above

38. Judicial control is exercised over delegated legislation on which of the following basis:
(a) Constitutionality of Parent Act
(b) Constitutionality of delegated legislation
(c) Substantive ultra vires
(d) All of the above

39. Rules made by the subordinates are declared to be substantially ultra-vires on which of the
following grounds:
(a) Constitutionality of parent act
(b) Constitutionality of delegated legislation
(c) Substantive ultra vires
(d) All of the above

40. Delegated legislation is subject to the following control:

(a) Parliamentary
(b) Judicial
(c) Both
(d) None

41. ‘Abdication test’ was given by:

(a) J. Kania
(b) J. Matthew
(c) J. Coke
(d) J. Iyer

42. The Donoughmore Committee, recommended for better publication and control of
subordinate legislation. This committee was formed in the year
(a) 1930
(b) 1929
(c) 1927
(d) 1924

43. Parliamentary control of delegated legislation can be done by way of the Bill before the
Parliament. Which of the following is a valid form of laying:
(a) Simple Laying
(b) Negative Laying
(c) Affirmative Laying
(d) All of the above
44. In which form of laying, the rules and regulations made by subordinate legislation come into
effect as soon as they are laid before the Parliament. The consent of the Parliament with respect
to its approval of the rules and regulations made are not required:
(a) Positive Laying
(b) Simple Laying
(c) Negative Laying
(d) All of the above

45. In which form of laying, rules and regulations made by subordinate legislation come into
force as soon as they are placed before the Parliament but cease to have effect if disapproved by
the Parliament:
(a) Simple Laying
(b) Affirmative Laying
(c) Negative Laying
(d) None of the above

46. In which form of laying, rules and regulations made by subordinate legislation shall not come
into effect unless approved by both the Houses of the Parliament:
(a) Simple Laying
(b) Affirmative Laying
(c) Negative Laying
(d) None of the above

47. When administrative authorities further delegate the power delegated to them it is known as:
(a) Sub-delegation
(b) Quasi-delegation
(c) Re-delegation
(d) Conditional delegation

48. Committee on Ministers’ Power (CMP) or Donoughmore Committee Report is related to:
(a) Principle of natural justice
(b) Administrative discretion
(c) Delegated Legislation
(d) Rule of Law

49. Concept of Delegated Legislation increased in which century:

(a) 18th Century
(b) 19th Century
(c) 20th Century
(d) 17th Century
50. How many types of laying are recognized under Indian Administrative Law?
(a) Five
(b) Four
(c) Six
(d) Three

51. Conditional legislation under the administrative law is-

(a) also known as subordinate. While making legislation the subordinate authorities can use their
discretion
(b) also known as contingent legislation. No discretion can be enjoyed as there is no rule-
making power
(c) Both (a) and (b)
(d) Neither (a) nor (b)

52. What was specifically declared by the Supreme Court in the Re Delhi Laws Act case?
(a) Legislature should not delegate its essential function
(b) Excessive delegation of powers can be struck down by courts
(c) Extension of laws with certain modifications and by changing the underlying policy of
legislation is allowed
(d) Legislature should itself lay down standard in the delegating Act allowing the delegate with
the power to make rules to execute policy laid down in the legislation.
Codes:
(a) (c), (a), (d)
(b) (b), (a), (d)
(c) (c), (b), (d)
(d) (b), (a), (d)

53. The term Delegated Legislation may be used in-

(a) Four senses
(b) Three senses
(c) Single sense
(d) Two senses

54. The Privy Council applied the doctrine of conditional legislation in the matter of-
(a) Jatindranath Gupta v. Province of Bihar (AIR 1949)
(b) Harishankar Bagla v. State of M.P (AIR 1954)
(c) Emperor v. Benoari Lal (AIR 1945)
(d) Narendra Kumar v. Union of India (AIR 1960)

55. ‘Postnatal Publicity’ is one of the fourth stage of............control of administrative rule-making
(a) Judicial
(b) Parliamentary
(c) Procedural
(d) None of these

56. In Re Delhi Laws Act case, Hon’ble Supreme Court held that cannot be delegated.
(a) Ancillary Legislative function
(b) Implied Legislative function
(c) Expressed Legislative function
(d) Essential Legislative function

57. Doctrine of Excessive Delegation includes:

(a) Skeleton Legislation
(b) Power of inclusion and exclusion
(c) Abdication test
(d) All of the above

58. Parliamentary control of delegated legislation is considered as a normal constitutional

function because:
(a) Parliament is duty bound to look after Executives
(b) Executive is responsible to the Parliament
(c) Both (a) and (b)
(d) None of the above
 CHAPTER 4

SEPARATION OF POWERS

The very theme behind the separation of powers is that when a single person or group has got
large amount of power then it becomes dangerous to citizens. The separation of powers is a
method by which large amount of power in the hands of any individual or group is removed,
making it more difficult to abuse.

The name most associated with the doctrine of the separation of powers is that of Baron
Montesquieu. However, the history of ‘doctrine of separation of powers’ can be traced back to
Greece in Aristotle's,’ book "Politics" and subsequently in 16th and 17th century by philosophers
such as Jean Bodin and John Locke (Two Treatise of Government, 1689). Aristotle identified
three agencies of the government as follows:
(1) The deliberative
(2) The Magisterial,
(3) The Judicial.

It was the French Jurist, Montesquieu who gave a systematic and scientific formulation to the
concept of separation of power in 1748. Montesquieu, for the first time, discussed this doctrine
and its form extensively in his book ‘De L’Espirit des Lois’. (The Sprit of Laws) Montesquieu
explains the doctrine of separation of powers (des pouvoirs) as ‘no person or body should be
vested with all three types of powers’.

There are three aspects of Montesquieu’s theory-

(1) At First, he recognized that government has three functions “that of making laws, that of
executing public affairs embodying the general will of the state, and that of adjudicating on
crimes or individuals cases.” He laid greater emphasis on the political and natural liberty of a
citizen. He explained that union of executive and legislative power would lead to despotism
of executive similarly union of legislative and judicial power would not safeguard
individuals against the State. Hence, he explained that the human liberty can be safeguarded
only if concentration of power in a single person or group of person could be avoided.
(2) He stipulated that there should be three corresponding organs of government; the legislature,
the executive and the judiciary.
(3) Finally he stated that these three functions should be held by three separate branches in order
to uphold and protect liberty.

Criticism against Montesquieu’s theory:

1. Complete separation is neither possible nor desirable
2. Impracticable in itself
3. Unhistorical
4. The three organs of government are not equal
5. Separation of powers can lead to deadlocks and inefficiency
6. Liberty does not depend only upon separation of powers
7. Separation of functions and not of powers

Thus, the theory of separation of powers has several limitations. All scholars accept that absolute
and rigid separation of powers is neither possible nor desirable. Three organs of government
cannot be and should not be totally separated into unrelated water-tight compartments.

Checks and Balances system:

Checks and balances is one of the features of the doctrine of separation of powers. As per this
feature each organ, along with its own power, enjoys some checking power over the other two
organs. In this process a system of checks and balances governs the inter-organ relationship.
Each organ should have some checking power over the other two organs and there should prevail
a balance among the three organs of government and thus will lead to a constitutionalism i.e. no
one is above the law and equality amongst all the organs of the government.

The strict adherence of the doctrine of separation of power is not always suggested and many
proponents advocate a system of checks and balances. This is certainly a justifiable position
considering that the doctrine's desired end is to avoid tyranny.

Separation of powers in the United States:

Under the Constitution of the United States of America, Montesquieu’s theory of doctrine of
separation of powers finds its highest recognition. Article I of the US Constitution assigns
legislative power to the Congress while Article II and III vests executive and judicial powers in
the hands of President and the Courts of America respectively.

Separation of powers in Britain:

“Under the British Constitution there is no such thing as the absolute separation of legislative,
executive and judicial powers; but in practice it is inevitable that they should overlap".

In England, the doctrine of separation of powers was opposed in the 18th century by the doctrine
of the mixed or balanced constitution in which monarchial, aristocratic and democratic elements
were joined and held in equilibrium rather than strictly separated.

Separation of Powers in India:

The constitution of India provides the doctrine of separation of powers in an implied manner.
Despite there being no express provision recognizing the doctrine of separation of powers under
the constitution of India, in its absolute form, the constitution provides the provisions for a
reasonable separation of functions and powers between the three organs of government.
The executive powers of the Union and of the States are vested by the constitution in the
President and Governor by virtue of Articles 53(1) and 154(1) respectively. However, the
constitution, being a written one, the powers and function of each must be found from the
constitution itself. Thus subject to exceptional provisions like Articles 123, 213 and 357, it is
evident that the constitution provides that the powers of legislation shall be exercised exclusively
by the legislature. Similarly, the judicial powers can be said to vest with the judiciary. Thus, a
system is created where none of the organs can usurp the functions or powers which are assigned
to another organ by express or necessary provisions; neither can they divest themselves of
essential functions which belong to them as under the constitution. In addition, the constitution
of India expressly provides for a system of checks and balances in order to prevent the arbitrary
or capricious use of power derived from the said supreme document. Though such a system
appears dilatory of the doctrine of separation of powers, it is necessary in order to enable the just
and equitable functioning of such a constitutional system.

The constitution within its articles provides for the provisions of legislative impeachment of
judges and executive officers, executive control over the appointment of judges and the power to
veto legislation made by parliament and most importantly, confers the judiciary with the power
of judicial review over legislation and executive action. Thus, through the conferment of the said
powers, a mechanism for the control over the exercise of constitutional powers by the respective
organs is established. It creates a system consisting of the three organs of government and
confers upon them both exclusive and overlapping powers and functions. Thus, from the above
we can conclude that in India the doctrine of separation of powers is not followed strictly but it is
followed with checks and balances system.

Leading Case Laws:

In the Re Delhi Laws Act case, it was for the first time, Supreme Court observed that, the
principle that one organ should not perform functions which essentially belong to others is
followed in India.

In Kesavananda Bharti case Apex Court uphold that the doctrine of separation of powers was a
part of the “basic structure” of the Indian constitution. As per this ruling, the ambiguity was
removed by holding this doctrine as a part of the Indian constitution, which cannot be altered,
amended even by an Act of parliament. Thus, the doctrine of separation of powers has been
incorporated, in its essence, into the Indian laws.

In the case of Ram Jawaya Kapur v. State of Punjab, the doctrine of separation of powers was
recognized to be a part of the constitution where the court held that though the doctrine of
separation of powers is not expressly mentioned in the constitution it stands to be violated when
the functions of one organ of government are performed by another.
In Asif Hameed v. State of Jammu & Kashmir, Court held that although the doctrine of
separation of power has not been recognised under the Constitution its makers have meticulously
defined the function of various organs of the State.

In Indira Gandhi v. Raj Narain: In this case doctrine of separation of power was examined in
detail C.J. Ray held that under our Constitution separation of power is adopted only in broad
sense. Further, Justice Beg held that separation of power is a part of the basic structure of our
Constitution.

In the case of Rameshwar Prasad v. State of Bihar the main issue was ‘whether the imposition
of Art. 356 in the State without proper consultation with State authorities or considering the
Governor's report, amounts to an excessive use of legislative power? Finding that the central
legislature had to step into the shoes of the state legislature and thereby usurp the power
completely to itself, in the given case, the court upheld that there to be a clear violation of the
doctrine of separation of powers.

Therefore, we can say that the doctrine of separation of powers is followed in India not strictly
but along with the theory of checks and balances. Now, the introduction of checks and balances
system while following this doctrine has given the scope for overlapping of functioning by one
organ of the government over the functions of another. In such a situation it is crucial to
understand the role of judiciary in the light of present position of this doctrine in India as this
doctrine creates a scope for functional overlapping. Because the modern day's interpretation of
the doctrine does not recognize the division of government into three water-tight compartments
but provides for crossing boundaries in order to establish a system of checks and balances. Thus,
to sum up, it is clear that governments in their actual operation do not opt for the strict separation
of powers because it is undesirable and impracticable however, implications of this concept can
be visualized in almost all the countries in its diluted form. India in particular, relies heavily
upon the doctrine in order to regulate, check and control the exercise of power by the three
organs of government. Whether in its theoretical conception or its practical usage, the doctrine of
separation of powers is essential for the effective functioning of a democracy.
 MULTIPLE CHOICE QUESTIONS

1. The doctrine of ‘separation of powers’ can be explained by which of the following?

(a) Same person should not form the part of more than one of the three organs of the government
(b) Same person should not form the part of more than two of the three organs of the government
(c) Same person should not form the part of any organ of the three organs of the government
(d) None of the above.

2. Which one of the following is not a key feature of the separation of powers?
(a) The same persons should not form part of more than one of the three organs of government
(b) One organ of government should not control or interfere with the work of another
(c) Everyone is equally subject to the law
(d) One organ of government should not exercise the functions of another.

3. In which judgment it was observed that "the Indian Constitution has not indeed recognised the
doctrine of separation of powers in its absolute rigidity but the functions of the different parts or
branches of the government have been sufficiently differentiated"?
(a) A.K. Gopalan v. State of Madras
(b) Ram Iawaya Kapur v. State of Punjab
(c) Maneka Gandhi v. Union of India
(d) Keshavananda Bharati v. State of Kerala

4. Assertion (A): Indian Constitution has not recognised the Doctrine of Separation of Powers in
its absolute rigidity.
Reason (R): Doctrine of Separation of Powers accommodates a system of checks and balances.
Codes:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true

5. Which of the following statements are true?

(i) Constitution of India does not follow strict separation of powers
(ii) Constitution of India accepts strict separation of powers
(iii) Constitution of India provides for independent judiciary
(iv) Part-III of the Constitution is enforceable in the court of law
Choose the appropriate one:
(a) (i), (iv), (ii)
(b) (i), (iii)
(c) (i), (ii), (iv)
(d) (i), (iii), (iv)
6. Doctrine of Separation of Powers was systematically formulated by
(a) Plato
(b) Montesquieu
(c) Dicey
(d) Aristotle.

7. Administrative law administered by the Administrative Courts in France is called:

(a) Jus Civile
(b) Droit Administratif
(c) Jus Gentium
(d) Jus Tertii

8. Read the Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): The system of Droit Administratif is not at all based on the doctrine of separation
of powers.
Reason (R): The most original aspect of the French Administrative Law is the independence of
the administration from judicial control.
Codes:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true.

9. Which doctrine of administrative law is ‘dilutory' doctrine because of many exceptions?

(a) Doctrine of separation of powers
(b) Rule of law
(c) Doctrine of pleasure
(d) Doctrine of proportionality.

10. "Probably the principal doctrinal barrier to the development of the administrative process has
been the theory of separation of powers". This statement has been made by:
(a) Madison
(b) Wade and Phillips
(c) Montesquieu
(d) Davis.

11. “Although in the constitution of India there is no express separation of powers, it is clear that
a legislature is created by the constitution and detailed provisions are made for making that
legislature pass laws. Does it not imply that unless it can be gathered from other provisions of
the constitution, other bodies- executive or judicial-are not intended to discharge legislative
functions” was observed by:
(a) Justice H.R. Khanna
(b) Justice Hidayatullah
(c) Justice Kania
(d) Justice Krishna Iyer

12. “In the British constitution there is no such thing as the absolute separation of legislative,
executive and judicial power. In practice it is inevitable that they overlap. In the constitution of
France and U.S.A attempts to keep the organ of the government rigidly apart have been made but
have proved unsuccessful.” This position of doctrine of separation of powers has been summed
up by?
(a) Prof. Ullman
(b) Prof. K.T. Shah
(c) Wade and Phillips
(cl) Donoghmore Committee

13. Theory of doctrine of separation of powers finds its highest recognition in the Constitution
of?
(a) Britain
(b) China
(c) U.S.A.
(d) India

14. In which of the following country doctrine of strict separation of powers is not followed?
(a) U.S.A.
(b) India
(c) Britain
(d) Both (b) and (c)

15. Which Article of Indian Constitution puts an obligation over the state to separate the
judiciary from the executive?
(a) Article 39A
(b) Article 50
(c) Article 42
(d) Article 51

16. Origin of the concept of Droit administratif is embedded in-

(a) U.S.A
(b) U.K.
(c) Germany
(d) France

17. In India, the Doctrine of Separation of powers has not been accorded a constitutional status.
Only one of the articles of the Indian Constitution ensures the separation of judiciary from the
executive. The related article is-
(a) Art. 50
(b) Art. 14
(c) Art. 124
(d) Art. 58

18. "The Indian Constitution has not indeed recognized the doctrine of separation of power in its
absolute rigidity but the functions of the different parts or branches of the government have been
sufficiently differentiated and consequently it can very well be said that our constitution does not
contemplate assumption, by one organ or part of the state, of functions that essentially belong to
another". Supreme Court made this observation in?
(a) Edward Mills v. State of Punjab
(b) Hari Shankar Bagla v. State of M.P
(c) Indira Nehru Gandhi v. Raj Narain
(d) Ram Jawaya v. State of Punjab

19. In which of the following case, Supreme Court observed that “Although the doctrine of
separation of powers has not been recognized under the Constitution, its makers have
meticulously defined the functions of various organs of the state"
(a) Asif Hameed v. State of Jammu and Kahmir
(b) Indira Nehru Gandhi v. Raj Narain
(c) Mansukhlal Vithiladas Chauhan v. State of Gujarat
(d) Anil Kumar v. Union of India

20. In which of the following case doctrine of "separation of power" was discussed in detail:
(a) Asif Hameed v. State of Jammu and Kashmir
(b) Indira Nehru Gandhi v. Raj Narain
(c) Mansukhlal Vithiladas Chauhan v. State of Gujarat
(d) Anil Kumar Jha v. Union of India

21. India follows which form of government:

(a) Presidential form of government
(b) Parliamentary form of government
(c) Mixture of both
(d) None of the above
22. Governing powers of a state are vested in:
(a) CM
(b) CJI
(c) Governor
(d) None of the above

23. Who among the following was the first modern writer to demand separation of power?
(a) Aristotle
(b) Jean Bodin
(c) Austin
(d) Socrates

24. Aristotle has mentioned which of the following as branches of the government:
(a) Deliberative
(b) Magisterial
(c) Judicial
(d) All of the above

25. Who among the following had given systematic and scientific formulation to the separation
of power:
(a) Locke
(b) Aristotle
(c) Montesquieu
(d) Jean Bodin

26. “Two Treatises on Civil Government" was written by:

(a) Austin
(b) Bentham
(c) John Locke
(d) Wade and Phillips

27. “Ordinarily the executive power connotes the residue of government functions that remain
after legislative and judicial functions are taken away” was observed in the case of:
(a) Rai Sahib Ram Jawaya v. State of Punjab
(b) Re Delhi Law Act
(c) Indira Nehru Gandhi v. Raj Mareum
(d) Hafiz Hameed v. State of Jammu and Kashmir

28. “Indian Constitution has indeed not recognized the doctrine of separation of power in its
absolute rigidity but different branches of the government has been sufficiently differentiated
and it can be very well said that our constitution does not contemplate assumption of all‘ power
by one organ or part of the functions that essentially belong to another" This was observed by:
(a) CJ Chandrachud
(b) CJ Mukherjee
(c) CJ Ray
(d) CJ Hidayatullah

29. Who among the following observed that “Separation of power is a part of the basic structure
of the constitution”:
(a) Justice Mahajan
(b) Justice Beg
(c) Justice Kuldeep Singh
(d) Justice Dalbeer Bhandari

30. “Although the doctrine of separation of powers has not been recognized under the
Constitution, its makers have meticulously defined the functions of various organs of the state”
this observation was given by:
(a) Justice Mahajan
(b) Justice Beg
(c) Justice Kuldeep Singh
(d) Justice Dalbeer Bhandari

31. Des Pouvours means:

(a) Separation of Power
(b) Arbitrariness of power
(c) Malafide exercise of power
(d) Abuse of power

32. John Locke has divided government into which branches:

(a) Legislative
(b) Executive
(c) Federative
(d) All of the above

33. “De L’ Espirit Des Lois" was written by:

(a) Austin
(b) Bentham
(c) Montesquieu
(d) Pound
34. Montesquieu has divided the state into which of the following branches:
(a) Executive
(b) Legislative
(c) Judicial
(d) All of the above

35. Which of the following country follows separation of power in strict sense:
(a) USA
(b) India
(c) Britain
(d) France

36. In which case it was observed that, “the doctrine of separation of powers has no place in the
system of government that India has at present, in our constitution”:
(a) Ram Jawaya v. State of Punjab
(b) Re Delhi Law Act
(c) Indira Nehru Gandhi v. Raj Mareum
(d) Hafiz Hameed v. State of Jammu and Kashmir
 CHAPTER 5

ADMINISTRATIVE DISCRETION

According to Lord COKE- “Discretion is a science or understanding to discern between falsity

and truth, between right and wrong, between shadows and substance, between equity and
colourable Glosses and pretences, and not to do according to their wills and private affections”
[Rooke’s Case (1598)].

Discretion simply means choosing an option from amongst the various available alternatives
without referring to any predetermined criterion no matter how whimsical that choice may be.
But the term ‘discretion’ when qualified by the word ‘administrative’ has somewhat different
overtones. ‘Discretion’ in this sense means choosing from amongst the various available
alternatives but with reference to the rules of reason and justice and not according» to personal
whims. Such exercise is not to be arbitrary, vague and fanciful, but legal and regular.

Administrative discretion is critical in administrative process. Two fundamental principles

guiding a democratic government are transparency and accountability. The actions of public
authorities therefore are viewed through the prism of rule of law in general and fundamental
rights guaranteed in the Constitution in particular. Administrative discretion is primarily
questioned at two levels. The very law granting discretion or the action taken under the law
could be challenged. Both these challenges are done at the touchstone of fundamental rights and
judiciary is the forum to agitate the claims.

Professor Freund has defined "administrative discretion” in the following words:

"When we speak of administrative discretions we mean that a determination may be reached in
part at least, upon the basis of consideration not entirely susceptible of proof or disproof... It may
be practically convenient to say that discretion includes the case in which the ascertainment of
fact is legitimately left to administrative determination.”

Discretion is conferred in the area of rule-making or delegated legislation, e.g. when the statutory
formula says that the government may makes rules which it thinks expedient to carry out the
purposes of the Act. It is true that in any intensive form of government, the government cannot
function without the exercise of some discretion by the officials.

But it is equally true that absolute discretion is a ruthless master. It is more destructive of
freedom than any of man's other inventions. It thus, becomes necessary to devise ways and
means to minimize the danger of absolute discretion. To achieve such an objective, a multi-
pronged strategy has to be adopted. Courts have to play a major role in this process. The Indian
Constitution guarantees certain Fundamental Rights to the people which constitute a limitation
on the legislative and executive powers of the government and consequently, these rights provide
an additional dimension of control over administrative discretion. The Indian courts control
discretionary powers of administrative authorities in two ways:
(i) The courts have power to declare a statute unconstitutional if it seeks to confer too large a
discretion on the administration.
(ii) The courts may control the actual exercise of discretion under a statute by invoking certain
fundamental Rights, especially Article 14.

Necessity of Administrative Discretion:

o It is impossible to lay down a rule for every conceivable eventuality in the complex art of
modem government.
o But absolute discretion is a ruthless master. It is more destructive form of freedom than any
of man's other inventions.
o Therefore, there has been a constant conflict between the claims of the administration to an
absolute discretion, and the claims of the subjects to a reasonable exercise of it.
o Discretionary power by itself is not pure evil but gives much room for misuse.

Advantages of conferring discretion on administrative authorities:

(a) The present day problems which the administration is called upon to deal with are complex
and of varying nature and it is difficult to comprehend them all within the scope of general
rules.
(b) Most of the problems are new, practically of the first impression. Lack of any previous
experience to deal with them does not warrant the adoption of general rules.
(c) It is not always possible to foresee each and every problem but when a problem arises it must
in any case be solved by the administration inspite of the absence of specific rules applicable
to the situation.
(d) Circumstances differ from case to case so that applying one rule mechanically to all cases
may itself result in injustice.

Judicial Behavior and Administrative Discretion in India:

Though courts in India have developed a few effective parameters for the proper exercise of
discretion, the conspectus of judicial behavior still remains halting, variegated and residual, and
lacks the activism of the American courts. Judicial control mechanism of administrative
discretion is exercised at two stages:
 At the stage of delegation of discretion;
 At the stage of the exercise of discretion.

I. Abuse of Discretion:
Now a day, the administrative authorities are conferred wide discretionary powers. There is a
great need of their control so that they may not be misused. The discretionary power is required
to be exercised according to law. When the mode of exercising a valid power is improper or
unreasonable there is an abuse of power. In the following conditions the abuse of the
discretionary power is inferred:

1. Use for improper purpose

2. Malafide or Bad faith
3. Irrelevant consideration
4. Leaving out relevant considerations
5. Mixed consideration
6. Unreasonableness
7. Colourable Exercise of Power
8. Non- compliance with procedural requirements and principles of natural justice
9. Exceeding jurisdiction

II. Failure to exercise Discretion

In the following condition the authority is taken to have failed to exercise its discretion and its
decision or action will be bad.
1. Non-application of mind
2. Acting under Dictation

III. Imposing fetters on the exercise of discretionary powers

If the authority imposes fetters on its discretion by announcing rules of policy to be applied by it
rigidly to all cases coming before it for decision, its action or decision will be bad. The authority
entrusted with the discretionary power is required to exercise it after considering the individual
cases and if the authority imposes fetters on its discretion by adopting fixed rule of policy to be
applied rigidly to all cases coming before it, it will be taken as failure to exercise discretion and
its action or decision or order will be bad.

Provisions of Judicial Control over Administrative Acts

The broad principles, on which the exercise of discretionary powers can be controlled, have now
been judicially settled. These principles can be examined under two main heads:
(a) where the exercise of the discretion is in excess of the authority, i.e., ultra vires;
(b) where there is abuse of the discretion or improper exercise of the discretion. In India, the
provisions of judicial can be grouped into following three heads.

Judicial control over administrative acts

 Constitutional
 Statutory Review
 Ordinary or Equitable
Grounds to challenge administrative discretion
 Improper purpose
 Irrelevant consideration
 Malafide
 Unreasonable
 Lack of procedural expectation
 Arbitrary use of discretionary power

Leading Case Laws:

1. In Kavita v. State of Maharashtra it was held that the task of referring the question of
detention of a person to an advisory board under the COFEPOSA was a mechanical or
ministerial act, involving no exercise of discretion, though the government had the full
liberty to revoke the order of detention at that stage.

2. In State of West Bengal v. Anwar Ali, Section 5(1) of the West Bengal Special Courts Act,
1950 conferred discretion on the State government, to refer any offence for trial by the
special court. Since, the procedure before the special court was stringent in comparison with
that for normal trials, the respondents asserted its unconstitutionality on the ground that it
violates the equality clause in Article 14. The court held the law invalid on the ground that
the use of vague expressions likes “speedier trial", confers a wide discretion on the
Government and can be a basis of unreasonable classification. The Act was held violative of
Article 14 because it had empowered the government to select any case or a class of cases or
offences to be tried by the special courts.

3. In State of Kerala v. M/s Travencore Chemicals Manufacturing Co., Section 59A of Kerala
General sales Tax Act, 1963 conferring wide and unbridled power was held to be violative of
Article 14.

4. In Sheo Nandan Paswan v. State of Bihar held that exercise of discretion by the executive
in the matter of administration should not be arbitrary and if it does not abide by it then the
statute is liable to be invalidated as having conferred "unfettered" discretion to discriminate
between persons.

5. In G. Sadanandan v. State of Kerala the Supreme Court held that a mala fide exercise of
discretion is nothing but abuse of power. Court clearly held that if an executive is merely
expressing an opinion it would not immune him from judicial scrutiny on this ground Court
quashed the order of authority.

6. In Ranjit Thakur v. Union of India Supreme Court came to the conclusion that the
participation of the commanding officer rendered the proceedings Coram non-judice. The
Court also found the punishment awarded to be strikingly disproportionate to the offence
 committed As a result, the appeal was allowed and the proceedings of the court-martial and
the subsequent orders were quashed. “Judicial review, generally speaking is not directed
against a decision, but is directed against the, decision making process. The question of the
choice and quantum of punishment is within the jurisdiction and discretion of the court-
martial. But the sentence has to suit the offence and the offender.

7. In Om Kumar v. Union of India In this case the Apex court observed that Indian courts have
been using this doctrine of Proportionality since 1950, in cases of legislations violating
fundamental rights enshrined in Article 19(1) of the constitution. Although the Doctrine has
been adopted in India in a very restrictive manner. The European model has not been adopted
fully. The doctrine of proportionality requires a body to maintain balance between its action
and purpose for which the powers have been conferred.

8. In Associated Provincial Pictures House v. Wednesbury Corporation- This case decided

that it can be unlawful for public officials to make unreasonable decisions. It is an English
case that sets out the standard of unreasonableness of public-body decisions that would make
them liable to be quashed on ground of judicial review, known as Wednesbury Principle.
This case was a landmark decision in creating the system of "judicial review" by which the
courts can regulate the legality of what politicians and public officials do.

9. CCSU case- Lord Diplok observed that doctrine of proportionality is a future possibility but
currently Wednesbury Principle holds the field.
 MULTIPLE CHOICE QUESTIONS

1. Consider the given statements regarding ‘administrative discretion’, and choose the correct
answer from the codes given below.
(i) Discretion implies power to make a choice between alternative courses of action
(ii) Discretion implies power to do according to Will and private affection
(iii) Discretion is an understanding discern between right and wrong
(a) Only (i) is correct
(b) (i) and (ii) are correct
(c) (i) and (iii) are correct
(d) All are correct

2. Which of the following is the basic feature of discretion?

(a) Power to make choice between alternatives
(b) Power to make rules in exercise of powers confirmed by statutes
(c) Power to review the decisions of subordinate officers
(d) Power to adjudicate administrative disputes.

3. Which of the following is true about the discretionary power?

(a) Discretion is the power to make choice by applying the principles of rule of law
(b) Discretion is the power to make choice on the basis of principles of natural justice
(c) Discretion is the power to make giving due regard to the legitimate expectation of the
affected parties
(d) Discretion is the power to make choice between different courses of action.

4. When an administrative authority frames rules and regulations, this function is:
(a) Judicial function
(b) Quasi-judicial function
(c) Administrative function
(d) Quasi-legislative function

5. When an administrative authority issues or cancels licences it is an:

(a) Administrative function
(b) Legislative function
(c) Quasi-legislative function
(d) Judicial-function

6. Who of the following thinker said that "discretion is a science or understanding to discern
between falsity and truth, between right and wrong, and not to do according to Will and private
affection”:
(a) Sir Ivor Jennings
(b) Edward Coke
(c) A.V. Dicey
(d) Prof. Upendra Baxi.

7. Which of the following statements are correct? Select from codes below-
(1) Administrative action is discretionary in nature
(2) The discretionary power is based on subjective satisfaction
(3) Administrative authority must act fairly and reasonably
(4) No judicial review is permissible of administrative decision
Code:
(a) 1 and 2 are correct
(b) 2 is incorrect but 3 is correct
(c) 1, 2, 3 are correct
(d) 1 and 4 are correct.

8. Read Assertion (A) and Reason (R) and answer using the codes given below:
Assertion (A): It is true that in any intensive form of government, the government cannot
function without the exercise of some discretion by its official.
Reason (R): Giving discretion to government officials is necessary for the welfare of people.
Codes:
(a) (A) and (R) are right and (R) is the right reason for (A)
(b) (A) and (R) are right but (R) is not the correct explanation of (A)
(c) (A) is right but (R) is wrong
(d) Both (A) and (R) are wrong.

9. In which of the following grounds the judicial review of an administrative action be made?
(i) Abuse of power
(ii) Mala fide or bad faith
(iii) Irrelevant consideration
(iv) Unreasonableness
Codes:
(a) Only (i), (ii) and (iii) are correct
(b) Only (i) and (ii) are correct
(c) Only (ii) and (iii) are correct
(d) All (i), (ii), (iii) and (iv) are correct.

10. In which of the following conditions, the abuse of discretionary power is inferred?
i. Use for improper purpose
ii. Mala fide
iii. Relevant consideration
iv. Leaving out irrelevant consideration
Answer using codes given below:
Codes:
(a) Only i is correct
(b) Only i and ii are correct
(c) Only i, ii and iii are correct
(d) All of above are correct.

11. Which of the following is a ground for judicially attacking the exercise of administrative
discretion? Answer by using code below:
(1) Ultra vires the law
(2) Mala fide intent
(3) Arbitrariness
(4) Irrelevant considerations
(a) (1) and (2) are correct
(b) (2) and (3) are correct
(c) (1), (2) and (3) are correct
(d) (1), (2), (3) and (4) are correct.

12. Which of the following statements are true in relation to judicial control on exercise of
administrative discretion?
(1) The authority is deemed not to have exercise its discretion at all
(2) The authority has not exercised its discretion properly
(3) There is an excess or abuse of discretion
(4) Exercise of discretion is fair and nowhere affect rights of the parties
Codes:
(a) (1), (2), (3) are incorrect
(b) Only (1), (2) are correct
(c) Only (2), (3) are correct
(d) Only (1), (2), (3) are correct.

13. Answer the following using the codes given below:

In which of the following grounds the judicial review of an administrative action be made?
(i) Abuse of discretion
(ii) Mala fide or bad faith
(iii) Irrelevant consideration
(iv) Unreasonableness
Codes:
(a) Only (i), (ii) and (iii) are correct
(b) Only (i) and (ii) are correct
(c) Only (ii) and (iii) are correct
(d) All (i), (ii), (iii) and (iv) are correct.
14. Abuse of discretion can be inferred from the following circumstances. Find out the answer
from the codes given below:
i. Non-application of mind.
ii. Colourable exercise of power.
iii. Non-observance of audi alteram partem.
iv. Irrelevant considerations.
Codes:
(a) Only (i) is correct
(b) Only (i) and (ii) are correct
(c) Only (ii) and (iii) are correct
(d) Only (ii), (iii) and (iv) are correct.

15. Which one of the following is not treated as abuse of discretion?

(a) Mala fide exercise of power
(b) Leaving out irrelevant consideration
(c) Using the power for improper purpose
(d) Colourable exercise of power.

16. Which of the following statement/statements is/are correct? Give correct answer by using the
code given below:
(1) Absolute discretion is a ruthless master.
(2) Where reasonable conduct of government official is expected, the criterion of reasonableness
is subjective and not objective.
(3) Every action of the executive government must be informed with excuse and should be
arbitrary.
(4) Exercise of discretion is an inseparable part of sound administration.
Codes:
(a) Only (1) and (2) are correct
(b) Only (3) and (4) are correct
(c) Only (2) and (4) are correct
(d) Only (1) and (4) are correct.

17. The doctrine of ‘Acting under Dictation’ is applied in the case of-
(a) Abuse of discretion
(b) Failure to exercise discretion
(c) Unreasonable exercise of discretion
(d) Arbitrary exercise of discretion.

18. In which of the following conditions, the abuse of discretionary power is inferred?
(a) exercise of power for improper purpose
(b) colourable exercise of power
(c) mala fide exercise of power
(d) leaving out irrelevant considerations
Codes:
(a) Only (a) is correct
(b) Only (a) and (b) are correct
(c) Only (a), (b) and (c) are correct
(d) All of above are correct.

19. Which of the following is not an instance of non-exercise of discretion?

(a) Mala fide exercise of power
(b) Non-application of mind
(c) Acting under dictation
(d) Filtering.

20. Discretion, when applied to a court of justice, means sound discretion guided by law. It must
be governed by rule, not by humour; it must not be arbitrary, vague and fanciful but legal and
regular. This observation was made in-
(a) Union of India v. Kuldeep Singh
(b) Reliance Airport Developers (P) Ltd. v. Airports Authority of India
(c) Maneka Gandhi v. Union of India
(d) National Insurance Co. Ltd. v. Keshav Bahadur

21. Match List-I with List-II and select the correct answer using the codes given below:
List-I List-II
(A) Abuse of discretion 1. Rule of Law
(B) Equality before law 2. Lack of Power
(C) Delegated legislation 3. Check and Balance
(D) Separation of powers 4. Ultra-vires
Codes:
A B C D
(a) 2 1 4 3
(b) 1 2 4 3
(c) 3 4 2 1
(d) 4 3 1 2

22. Match the List-I with List-II and select the correct answer using the codes given below:
List - I List-II
A. Hari Krishna Bhargav v. Union of India (i) Delegation of essential legislative
function
B. Godfrey Philips India Ltd. v. State of U.P. (ii) Principles of Interpretation to
 avoid over lapping
C. K.C. Gajapati Narayan Deo v. State of Orissa (iii) Power of Parliament to levy taxes on
income other than Agricultural Income
D. In re: The Delhi Laws Act (iv) Colourable Legislation
Codes:
A B C D
(a) iii ii iv i
(b) ii iii i iv
(c) iii iv ii i
(d) ii iii iv i

23. In which of following cases the Supreme Court of India made reference to ‘legitimate
expectation’ to review the administrative action?
(a) State of Haryana v. Darshana Devi
(b) State of Kerala v. Madhavan Pillai
(c) Mahavir Singh v. State of Rajasthan
(d) SAHELI, A Women Resource Centre v. Commissioner of Police.

24. Read Assertion (A) and Reason (R) and find out correct answer using codes given below.
Assertion (A): Legitimate expectation does not grant an absolute right to a claimant
Reason (R): Legitimate expectation- protects the right of fair hearing before a decision which
results in negating a promise or withdrawing an undertaking is taken
(a) (A) and (R) are true and (R) is correct explanation of (A)
(b) (A) and (R) are true, but (R) is not correct explanation of (A)
(c) (A) is true and (R) is false
(d) (A) is false and (R) is true.

25. Implied exclusion of judicial review in administrative actions may be inferred by term used
in statutory provisions, as-
(a) If the authority is satisfied
(b) If .the action is desirable
(c) If it appears necessary
(d) All of these.

26. Judicial review of an administrative action means

(a) Review by the Parliament
(b) Review by the Government
(c) Review by the Legislative Assembly
(d) Review by the Judiciary.

27. Judicial Review deals with:

(a) the supervision and monitoring of the activities of the officials of various government
departments
(b) the review by the judiciary of its own decisions
(c) the review by the judiciary of the administrative and legislative acts
(d) the review by the judiciary of the case laws with a view to apply in the case at hand.

28. When reviewing administrative action, the Court's duty is to confine itself to the question of
legality. What is/are the ground(s) for judicial review?
(a) Committed an error of law or exceeded its powers
(b) Breach of natural justice or decision without reason
(c) Both (a) and (b)
(d) None of the above.

29. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): In judicial review of administrative actions, generally the court would not
interfere with the merits of the case by embarking upon inquiry into the facts.
Reason (R): Courts can review the procedure through which a decision has been taken by the
administrative authority but courts cannot supplement its own decision and act as appellate court
over the administrative authority.
(a) Both (A) and (R) are correct and (R) is the correct explanation of (A)
(b) Both (A) and (R) are correct but (R) is not correct explanation of (A)
(c) (A) is right but (R) is wrong
(d) (A) is wrong but (R) is right.

30. Read the Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): The court can direct competent authority to exercise discretion in accordance with
law but court cannot direct to exercise the discretion in a particular manner.
Reason (R): The Supreme Court strikes down a decision of competent authority on ground of
‘extraneous consideration’ and ‘improper purpose’.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true.

31. Given below are two statements, one labelled as Assertion (A) and the other labeled as
Reason (R). Read the statements and choose the correct answer using the code given below.
Assertion (A): Judicial review of administrative actions under Articles 32 and 226 is part of the
basic structure of Indian Constitution.
Reason (R): It was held to be so by the Supreme Court in L. Chandra Kumar v. Union of India.
Codes:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(c) (A) is true, but (R) is false
(d) (A) is false, but (R) is true.

32. The "Wednesbury principle" is related to:

(a) Administrative Law
(b) Service Law
(c) Labour Law
(d) Banking Law.

33. Which of the following is not considered ‘irrational’, on the basis of Wednesbury principle as
laid down in Associated Provincial Picture House Ltd. v. Wednesbury Corporation, 1948 (KB)?
(a) Without the authority of law
(b) Based on no evidence
(c) It has sanction of law
(d) It is un-reasonable.

34. Which of the following is a case related to judicial review of discretionary power?
(a) Ashby v. White
(b) Associated Provincial Picture House Ltd. v. Wednesbury Corporation
(c) Ridge v. Baldwin
(d) A.G. of Hang Kong v. Reid.

35. In which of the following cases did the Supreme Court hold that the Wednesbury rule was
applicable in administrative actions?
(a) Indian Railway Construction Co. Ltd. v. Ajay Kumar, (2003) 4 SCC 579
(b) Shrilekha Vidyarthi v. State of Uttar Pradesh, AIR 1991 SC 537
(c) State of Punjab v. V.K. Khanna, AIR 2001 SC 343
(d) A.N. Parasuraman v. State of Tamil Nadu, AIR 1990 SC 40

36. Answer the following using the codes given below:

Which of the following doctrines were developed by the Court to control the administrative
actions?
(i) Doctrine of Promissory Estoppel.
(ii) Doctrine of Legitimate Expectations.
(iii) Doctrine of Separation of Power and Rule of Law.
(iv) Judicial Activism.
Codes:
(a) Only (i), (ii) and (iii) are correct
(b) Only (ii) and (iv) are correct
(c) Only (i) and (iii) are correct
(d) All of the above are correct.

37. "Doctrine of proportionality" is a concept relating to-

(a) Administrative Law
(b) Law of Partition
(c) Workman Compensation Law
(d) Accident Claim Compensation Law.

38. Doctrine of proportionality is:

(a) Colourable exercise of discretion
(b) Part of judicial review
(c) Is out dated doctrine
(d) None of the above.

39. Which of the following doctrines, according to Lord Diplock is a ground for judicial review
of administrative action?
(a) Doctrine of separation of powers
(b) Doctrine of Promissory estoppel
(c) Doctrine of proportionality
(d) Doctrine of legitimate expectation.

40. Which one of the following is not part of the principle of proportionality?
(a) The court considers what is necessary to achieve the legitimate aims of a particular policy or
legislation
(b) Proportionality often involves striking a balance between the benefits to be achieved by
doing something and the harm that may be done by interfering with a person's convention
rights in the process
(c) The court looks at (1) the comparative importance of the actual rights being claimed in the
individual case; (2) the justifications for interfering with or restricting each of those rights;
and (3) apply the proportionality test to each
(d) Proportionality has now replaced unreasonableness as a ground for judicial review.

41. Match the items of List I (name of case) with the items of List II (ground of judicial review)
and choose the correct answer from the code given below.
List - I (Name of case) List - II (Ground of judicial review)
A. Union of India v. Hindustan (i) Extraneous consideration
Development Corporation
B. Institute of Law, Chandigarh v. (ii) Legitimate expectations
Neeraj Shanna
C. Council of Civil Services Union (iii) Public accountability
v. Minister for the Civil Service
D. Centre for PIL v. Union of India (iv) Proportionality
Codes:
(a) (A)-(i), (B)-(ii), (C)-(iv), (D)-(iii)
(b) (A)-(ii), (B)-(i), (C)-(iii), (D)-(iv)
(c) (A)-(iv), (B)-(iii), (Q-(ii), (D)-(i)
(d) (A)-(ii), (B)-(iii), (C)-(iv) (D)-(i)

42. Read the Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): The court can direct competent authority to exercise discretion in accordance with
law but court cannot direct to exercise the discretion in a particular manner.
Reason (R): The Supreme Court strikes down a decision of competent authority on ground of
‘extraneous consideration’ and ‘improper purpose’.
Codes:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true

43. Which of the following is a ground for judicially attacking the exercise of administrative
discretion? Answer by using code below:
(a) Ultra vires the law
(b) Mala fide intent
(c) Arbitrariness
(d) Irrelevant considerations
Code:
(a) (a) and (b) are correct
(b) (b) and (c) are correct
(c) (a), (b) and (c) are correct
(d) (a), (b), (c) and (d) are correct

44. A statute confers discretionary powers on an official for his use, by denoting expressions
like:
(a) Reasonable
(b) Appropriate
(c) Equitable
(d) Sufficient
Codes:
(a) Only (a) is correct
(b) Only (a) and (b) are correct
(c) Only (a), (b) and (c) are correct
(d) (a), (b), (c) and (d) are correct
45. The expression ‘ultra-vires' literally means-
(a) Excessive delegation
(b) Beyond powers
(c) Violation of fundamental rights
(d) Inconsistent

46. "Absolute discretion is a ruthless master. It is more destructive of freedom than any of man's
other inventions." Is an observation made by?
(a) Edward Coke
(b) William Blackstone
(c) Colin Blackburn
(d) William O. Douglas

47. "It is significant to note that the entire development of administrative law is characterised by
a consistent series of decisions controlling and structuring the discretion conferred on the state
and its officers. The law always frowns on uncanalised and unfettered discretion conferred on
any instrumentality of the state and it is the glory of administrative law that such discretion has
been through judicial decisions structured and regulated." This observation was made by?
(a) Justice Chandrachud
(b) Justice H.R. Khanna
(c) Justice Hidayatullah
(d) Justice P.N. Bhagwati

48. The courts have generally attempted to control the bestowal of administrative discretion to
promulgate legislation through the doctrine of?
(a) Doctrine of Conditional Legislation
(b) Doctrine of excessive delegation
(c) Doctrine of Droit Administratif
(d) Des Pouvoirs

49. Which of the following case is not related to administrative discretion vis-a-vis violation of
Article 14 of the Indian Constitution by the State Government while enacting any legislation?
(a) Kerala v. M/s Travencore Chemicals Manufacturing Co.
(b) State of West Bengal v. Anwar Ali
(c) Shea Nandan Paswan v. State of Bihar
(d) Ram Jawaya Kapur v. State of Punjab

50. Control of discretion at all stages of delegation of power can be exercised by?
(a) adjudicating upon the constitutionality of law through which the powers are delegated with
reference to the fundamental rights
(b) adjudicating upon the unconstitutionality of law
(c) adjudicating upon the legality of law
(d) adjudicating upon the formality of law

51. Abuse of discretion involves:

(a) Improper exercise of power
(b) Unreasonable exercise of power
(c) Proper exercise of power
(d) Both (a) and (b)

52. G. Sadanandan v. State of Kerala is a leading case on:

(a) Promissory Estoppel
(b) Malafide
(c) Proportionality
(d) Ignoring relevant consideration

53. Malafide means:

(a) In good faith
(b) Want of good faith
(c) Honest intention
(d) Fairness

54. Malice can be with regard to:

(a) Malice in fact
(b) Malice in law
(c) Malice in person
(d) Both (a) and (b)

55. An order is said to be malafide when there is:

(a) Malice in fact
(b) Malice in law
(c) Malice in person
(d) Malice in duty

56. Express Newspaper (P) Ltd. v. UOI is a leading case on:

(a) Subjective satisfaction
(b) Doctrine of promissory estoppel
(c) Colourable exercise of power
(d) Malafide

57. Burden of proving malafide is on the:

(a) person making the allegation and the burden is heavy
(b) on both the parties
(c) person against whom the allegation is made
(d) depends upon the facts and circumstances

58. Pratap Singh v. State of Punjab is a leading case on:

(a) Malafide
(b) Fettering of discretion
(c) Proportionality
(d) Irrelevant consideration

59. State of Bombay v. K.P. Krishnan is a leading case on:

(a) Irrelevant consideration
(b) Ignoring relevant consideration
(c) Doctrine of proportionality
(d) Subjective satisfaction

60. J.R. Raghupalhy v. State of A.P. is a leading case on:

(a) acting under dictation
(b) fettering discretion
(c) Ignoring relevant consideration
(d) Irrelevant consideration

61. Colourable exercise of power of discretion means:

(a) power is exercised malafiedly
(b) power is exercised improperly
(c) power is exercised on irrelevant consideration
(d) power conferred for one purpose is seeking to achieve something else, which it is not
authorized

62. R.S. Joshi v. Ajit Mills is a leading case on:

(a) irrelevant consideration
(b) colourable exercise of discretion
(c) leaving out relevant consideration
(d) unreasonableness/ discrimination

63. Dwarka Prasad Laxmi Narain v. State of U.P., is a leading case on:
(a) unreasonableness
(b) proportionality
(c) promissory estoppel
(d) malafide/ ill-will
64. Ranjit Singh v. UOI is a leading case on:
(a) unreasonableness
(b) proportionality
(c) leaving out relevant consideration
(d) malafide/ ill-will

65. If the power is exercised by the administrative authority unreasonably, then action would be:
(a) ultra vires
(b) intra vires
(c) depends upon facts and circumstances
(d) Both (a) and (b)

66. Arbitrariness results in:

(a) equality
(b) fairness
(c) discrimination
(d) impartiality

67. Principle of reasonableness is a doctrine of:

(a) Penal law
(b) Procedural law
(c) Substantive law
(d) Administrative law

68. Doctrine of Promissory Estoppel is a principle of:

(a) Equitable law
(b) Penal law
(c) Procedural Law
(d) Administrative Law

69. Non application of mind includes:

(a) Acting under dictation
(b) Fettering discretion
(c) None of the above
(d) Both (a) and (b)

70. Rama Sugar Industries Ltd. v. State of Andhra Pradesh is a leading case on:
(a) proportionality
(b) subjective satisfaction
(c) fettering discretion
(d) malafide
71. Nandlal Khodidas Barot v. Bar Council of Gujarat and others is a leading case on:
(a) Irrelevant consideration
(b) subjective satisfaction
(c) acting mechanically and without due care
(d) non application of mind

72. Match the following:

A. Ranjit Singh v. UOI (a) Irrelevant consideration
B. J.R. Raghupathy v. State of A.P (b) Ignoring relevant consideration
C. G. Sadanandan v. State of Kerala (c) Arbitrariness
D. Dwarka Prasad Laxmi Narain v. State of AP (d) Malafide
Codes:
A B C D
(a) (b) (a) (d) (c)
(b) (a) (b) (c) (d)
(c) (b) (a) (c) (d)
(d) (c) (a) (b) (d)

73. Match the following:

A. Wednusbury Doctrine (a) Rama Sugar Industries v. State of A.P
B. Proportionality (b) Om Kumar & Ors. v. UOI
C. Promissory Estoppel (c) Associated Provincial Picture House Ltd. v.
Wednesbury Corporation
D. Fettering Discretion (d) Gujarat State Financial Corporation v.
Lotus Hotels
Codes:
A B C D
(a) (b) (a) (d) (c)
(b) (a) (b) (c) (d)
(c) (b) (a) (c) (d)
(d) (c) (b) (d) (a)

74. Assertion: An order is malafide when there is malice in law although there is no malice in
fact;
Reason: The malice in law is to be inferred when an order is made contrary to the objects and
purpose of the Act.
(a) Both are correct but R is not the correct explanation of A
(b) Both are correct and R is the correct explanation of A
(c) A is correct and R is false
(d) Both are false
75. Assertion: Burden of proving malafide is on the person making the allegation and the burden
is very heavy;
Reason: Neither expressed nor implied malice can be inferred or assumed
(a) Both are correct but R is not the correct explanation of A
(b) Both are correct and R is the correct explanation of A
(c) A is correct and R is false
(d) Both are false

76. Assertion: Discretionary powers must be exercised on relevant consideration

Reason: If the administrative authority takes into account only irrelevant consideration then
action will be ultra-vires.
(a) Both are correct and R is the correct explanation of A
(b) Both are correct but R is not the correct explanation of A
(c) A is correct and R is false
(d) Both are false

77. Match the following:

A. Express Newspaper Pvt. Lid. v. UOI (a) Acting mechanically with due care
B. State of Bombay v. K.P. Krishnan (b) Malafide
C. Coimbatore District Central Coop. Bank v. (c) Proportionality
Coimbatore Dis Central Coop. Bank
Employee's Association
D. Nandlal Khodidas v. Bar Council of (d) Irrelevant consideration
Gujarat and others
Codes:
A B C D
(a) (b) (c) (a) (d)
(b) (b) (d) (c) (a)
(c) (a) (b) (c) (d)
(d) (c) (b) (a) (d)

78. Administrative law is not a codified law. The need for it arose with the increase in
administrative actions and its discretionary powers. In the light of above statement
Administrative law is:
(a) Customary law
(b) A judge-made law
(c) International Law
(d) None of the above

79. Wednesbury’s doctrine was evolved by:

(a) Lord Greene
(b) Lord Coke
(c) Lord Diplock
(d) Lord Atkin

80. Wednesbury Doctrine was evolved in the case of:

(a) Associated Provincial Pictures Houses Ltd. v. Wednesbury Corporation
(b) (Council of Civil Service Union v. Minister of the Civil Service
(c) Harichand v. Mogo Discrect Council
(d) H.R. Bainthia v. UOI

81. In which case it was observed that "Doctrine of Proportionality” could be a future possibility:
(a) Earl of Derby's Case
(b) Council of Civil Service Union v. Minister of the Civil Service
(c) Dr. Bonham’s case
(d) R. v. Deal Justice/ Ex-parte Curling

82. Doctrine of proportionality can be invoked in cases, where punishments is?

(a) an outrageous defiance of all logical and moral standard
(b) when it is immoral
(c) when it is unreasonable
(d) when it is arbitrary

83. Om Kumar & Ors. v. UOI is a leading case on:

(a) proportionality
(b) irrelevant consideration
(c) personal bias
(d) leaving out relevant consideration

84. Which Law Commission Report recommended introduction of Doctrine of Promissory

Estoppel:
(a) 107th Law Commission Report
(b) 106th Law Commission Report
(c) 108th Law Commission Report
(d) 105th Law Commission Report

85. Promissory estoppel applies against:

(a) Private individual
(b) Government
(c) Both (a) and (b)
(d) None of the above
86. Gujarat State Financial Corporation v. Lotus Hotel Pvt. Ltd., is a leading case on:
(a) Irrelevant consideration
(b) Acting under dictation
(c) Subjective satisfaction
(d) Doctrine of Promissory estoppels

87. Control at the stage of exercise of discretion is required because of:

(a) Abuse of Discretion
(b) Non-application of mind
(c) Principles of natural justice
(d) All of the above

88. Malafide is a:
(a) Roman expression
(b) Common law expression \
(c) Latin Expression
(d) Expression of equity

89. Discretion must be exercised with regard to:

(a) Relevant consideration
(b) Irrelevant consideration
(c) Extraneous~ consideration
(d) None of the above

90. Assertion: Administrative authority cannot take into account extraneous or irrelevant
consideration;
Reason: If the authority fails to take into account relevant consideration even then the exercise of
power would be bad
(a) Both are correct but R is not the correct explanation of A
(b) Both are correct and R is the correct explanation of A
(c) A is correct and R is false
(d) Both are false

91. Assertion: Discretionary power conferred on an administrative authority must be exercised

by that authority reasonably;
Reason: If the power is exercised unreasonably, there is an abuse of power and the action of the
authority will be ultra-vires
(a) Both are correct but R is not the correct explanation of A
(b) Both are correct and R is the correct explanation of A
(c) A is correct and R is false
(d) Both are false

92. The actual content of an administrative action is also reviewed under what is known as -
“violation de la loi" which means:
(a) Contravention of the scope of authority of an administrative body
(b) Nundum Pactum
(c) Ultra Vires
(d) Violation of the law
 CHAPTER 6

PRINCIPLES OF NATURAL JUSTICE

Principles of Natural Justice (PNI), is derived from the expression " Jus Naturale" of the Roman
Law, it does not have force of law as they may or may not form part of the statute but they are
necessarily to be followed. Natural justice is an expression of English common law, and involves
a procedural requirement of fairness. ”Natural justice is a sense of what is wrong and what is
right.” The principles of natural justice have great significance in the study of Administrative
law. It is also known as substantial justice or fundamental justice or universal justice or fair play
in action. The principles of natural justice are not embodied rules and are not codified. They are
judge made rules and are regarded as counterpart of due process of law as provided under the
American Constitution.

Purpose of the principle

To provide equal opportunity of being heard.
Concept of Fairness.
To fulfill the gaps and loopholes of the law.
To protect the Fundamental Rights.
To protect basic features of the Constitution.
No miscarriage of Justice.

The principles of natural justice should be free from bias and parties should be given fair
opportunity of being heard and all the reasons for decision taken by the court should be informed
by the court to the respective parties.

Three essential rules related to the principles of natural justice:

1. Nemo Judex in Causa Sua (Rule against Bias)- “No one should be a judge in his own cause"
because it leads to biasness. Bias means an act which leads to unfair activity whether in a
conscious or unconscious stage in relation to the party or a particular case. Therefore, the
necessity of this rule is to make the judge impartial and give judgment on the basis of evidence
recorded as per the case.

Types of Bias:
 Personal Bias.
 Pecuniary Bias.
 Subject matter Bias.
 Departmental Bias.
 Policy notion Bias.
 Bias on the account of obstinacy.
2. Audi -Alteram Partem (Rule of Fair Hearing) - No one should be condemned or punished by
the court without having a fair opportunity of being heard. It is an important rule of natural
justice and its pure form is not to penalize anyone without any valid and reasonable ground. Prior
notice should be given to a person so that he can know what all charges are framed against him.
It is also known as a rule of fair hearing. The components of fair hearing are not fixed or rigid in
nature. It varies from case to case and authority to authority. This maxim means “hear the other
side” or “no man should be condemned unheard”, both the parties have an opportunity of being
heard. Justice will be given to both parties. It was said by De Smith that “No suggestion can be
more obviously settled than that a man can't cause the loss of freedom or property for an offense
by a legal continuing until he has had a reasonable chance of noting the body of evidence against
him”. A person will not suffer unless and until he had an opportunity of being heard. This is the
primary rule of human made law and is acknowledged by the laws of men and god. In short,
before an order is passed against any person, reasonable opportunity of being heard must be
given to him.

Essential Components of fair hearing:

 Issuance of notice
 Right to present the case and evidence
 Right to Cross Examination
 Right to know “the evidence against
 Disclosure of all evidence
 Right to rebut adverse evidence
 Right to enquiry report

3. Speaking Orders (Reasoned Decision) - The party is entitled to know reason for the decision
taken by the authority. The responsibility to record reason works as obstacle against arbitrary use
of the judicial power vested in the executive authority. The third aspect of natural justice requires
speaking orders or reasoned decisions. It is now universally recognized that giving reasons for a
certain decision is one of the fundamental principle of good administration and a safeguard
against arbitrariness. The refusal to give reasons may excite the suspicion that there are probably
no good reasons to support the decision. Hence reasons are useful as they may reveal an error of
law, the grounds for an appeal or simply remove what might otherwise be a lingering sense of
injustice on the part of the unsuccessful party. When the order to be passed is an appealable
order, the requirement of giving reasons would be an essential requirement.

Exceptions to the rule of Natural Justice:-

1. During the Emergency period
2. Exclusion by the constitutional provisions
3. Exclusion based upon impracticability
4. Public interest
5. Exclusion in case of confidentiality
6. Where doctrine of necessity applies
7. Express statutory provision
8. Nature of the case is not of a serious kind
9. Exclusion in case of interim prevention action
10. When no right of the person is infringed
11. Exclusion in case of fraud

Leading Case Laws:

1. In Mohinder Singh Gill v. Chief Election Commissioner, the court held that the concept of
fairness should be there in every action whether it is judicial, quasi-judicial, administrative or
quasi-administrative work.

2. In Province of Bombay v. Khushaldas Advani, it was said that natural justice will be
applicable on statutory bodies as it is a basic principle of Natural justice which leads to fairness
and justice.

3. In High water mark case- Eurasian Equipment and Company Limited v. State of West
Bengal, under this case, all the executive engineers were blacklisted. Supreme Court held that
without giving a valid and reasonable ground you cannot blacklist anyone and further he should
be given a fair opportunity of being heard.

4. Thomas Bonham v. College of Physicians (Dr. Bonham's case)- Dr. Bonham was fined for
practicing in the city of London without license of the college of Physicians. According to the
statute, the college is entitled to half of the amount and the remaining goes to the King. Edward
Coke disallowed the claim (fine) on the ground that the college had a pecuniary interest. (Fine
against Dr. Bonham was dismissed).

5. In Hira Nath Mishra v. Rajendra Medical College, in this case a male student was charged
for some indecent behavior towards a female student. So, here the right to cross-examination was
denied to the male student saying that it will lead to embarrassment for the female student and
thus was held not to be a violation of natural justice. Thus, in certain exceptional cases, the right
to cross-examination can be denied or rejected.

6. In Jeejeebhoy v. Asst. Collector, In this case, it was found that one of the members of the
bench of court was also a member of the co-operative society for which the disputed land had
been acquired. Therefore, the bench was reconstituted.

7. In A.K. Karaipak v. Union of India, The Supreme Court quashed he selections made by the
selection board on the ground that one of the candidates appeared before selection committee
was also a member of the selection board which was held to be against the rule of natural justice
as it involved personal bias. The dividing lines between administrative power and quasi-judicial
power is thin and is being gradually obliterated.

8. In Gullapalli Nageswara Rao v. A.P.S.R.T.C, in this case, the government proposed

nationalization of motor transport. Objections for nationalization were referred to be heard by the
secretary to the Government, who upheld the validity of the scheme (for nationalization). It was
challenged on the ground that the said secretary in fact, initiated the nationalization. Court held it
to be invalid because it involved bias as to subject matter (official bias).

9. In J. Mohapatra v. State of Orissa, it was held that when the author of a book was a member
of the committee set up for selection of books, and his book was also under consideration by that
committee, the possibility of bias could not be ruled out and the selection by that committee
cannot be upheld.

10. Ridge v. Baldwin, the court held the decision of the authority void on the ground of the
breach of the rule of fair hearing.

11. In Maneka Gandhi v. Union of India, it was held that where immediate preventive action is
to be taken, especially in matters such as national security, anti-smuggling, public order, etc.,
failure to give notice or to grant a hearing before passing the order would not amount to failure
of natural justice, such requirement would stand excluded by implication. Further, Rule of post
decisional hearing was recognized in this case.

12. In S.N. Mukharjee v. Union of India, Supreme Court observed that an administrative
authority exercising judicial or quasi judicial functions must record reasons in support of its
decision.

13. In K.L. Shepherd v. Union of India, effectiveness of Post Decisional Hearing was discussed.
Court was against the concept of providing Post Decision (amalgamation) Hearing proposed by
the Single judge bench of Kerala. While addressing this issue it was observed that Post
Decisional Hearing in this case will not serve its purpose. Employees those who were sacked had
been drastically been affected by this decision, it had a negative effect on their livelihood. And
giving them opportunity after taking the decision will not serve its fruitful purpose as the
authorities would also move with a closed mind setup. Therefore, there is no justification to
provide Post Decisional Hearing, and doing so will not fulfill the principle of Natural Justice.

14. In Managing Director ECIL, Hyderabad v. B. Karunakar, a three Judge Bench of the
Supreme Court referred the matter to the Chief Justice for being placed before a larger Bench,
for the Bench found a conflict in the two decisions of this Court, viz., Kailash Chander
Asthana
v. State of U.P., and Union of India v. Mohd. Ramzan Khan, both delivered by the Benches of
three learned Judges. It has been held by the Constitution Bench that the principles of natural
justice require that a copy of the enquiry report is supplied to the charged officer though it is not
necessary to give him a notice indicating the proposed penalty. But, it has been held, this
requirement will be held obligatory only from the date of the judgment in Ramzan Khan case.

The principles of natural justice have been adopted and followed by the judiciary to protect
public rights against the arbitrary decision by the administrative authority. One can easily see
that the rule of natural justice includes the concept of fairness and justice they stay alive and
support to safeguard the fair dealing.
 MULTIPLE CHOICE QUESTIONS

1. Find the correct answer:

The Principles of natural justice connotes that:
(i) No person can be judge in his own case.
(ii) No person shall be condemned unheard.
Codes:
(a) only (i) is correct
(b) only (ii) is correct .
(c) (i) and (ii) are correct.
(d) None of the above are correct.

2. Assertion (A): The concept of Natural Justice entails two ideas namely, audi alteram partem
and nemo judex in causa sua.
Reason (R): It is aptly averred that the principles of natural justice are not fixed, but are flexible
and variable. These principles- cannot be put in a straight jacket.
(a) Both (A) and (R) are incorrect
(b) Both (A) and (R) are correct
(c) (A) is correct but (R) is incorrect
(d) (A) is incorrect but (R) is correct.

3. Which of the following are the components of natural justice?

(a) Fair hearing, rule against bias and reasoned decision
(b) Fair hearing and rule against bias only
(c) Fair hearing and reasoned decision only
(d) Rule against bias and reasoned decision only.

4. Natural justice represents higher procedural principles developed by which every

administrative agency must follow when taking any action adversely affecting the rights of
private individuals.
(a) Statute
(b) Dharmashastra
(c) Judges
(d) Smritis.

5. Who called Natural Justice as Universal justice?

(a) Prof. Wade
(b) Ivor Jenning
(c) Lord Cranworthy
(d) Lord Widgery.
6. Read Assertion (A) and Reason (R) and answer using code given below:
Assertion (A): Natural justice is justice of the nature where the lion devours the lamb and the
tiger feeds upon the antilope.
Reason (R): Above statement is taken from Union of India v. Tulsiram Patel.
(a) Both (A) and (R) are correct
(b) (A) is correct, but (R) is incorrect
(c) (R) is correct, but (A) is incorrect
(d) Both (A) and (R) are incorrect.

7. "Natural justice is universal fact of secular life which has given a new life to legislature
administration and judicial adjudication and provided way to objective life. These rules are part
of social justice.” This statement was given by
(a) Justice Prafullachandra Natwarlal Bhagwati
(b) Justice Vaidyanathapuram Rama Krishna Iyer
(c) Justice Hans. Raj Kharma
(d) Justice A.N. Ray.

8. "The principle of natural justice is one procedural rule for the administrative action."
Considering the above statement, which of the following is/ are justified?
(a) No man should be judged in his own cause
(b) All men should be judged in their own cause
(c) All of the above
(d) Neither (a) nor (b).

9. The principles of natural justice includes-

(a) Rule against bias
(b) Audi-alteram partem
(c) Delegated legislation
(d) Both (a) and (b)

10. Which of the following is not a principle of natural justice?

(a) Audi alteram partem
(b) Pacta sunt servanda
(c) Justice, equity and good conscience
(d) Judges to be above suspicion.

11. The principle of Natural Justice that no one shall be condemned unheard, requires:
(a) Person likely to be adversely affected must be given adequate notice
(b) Such person must have adequate opportunity to put forward his/ her case and defend her.
(c) Both (a) and (b)
(d) None of the above.
12. Doctrine “Nemo in propria cuusa judex esse debet” means:
(a) Hear the other party
(b) Administrative has discretionary power
(c) No one should be judge in his own case
(d) The judgment should be reasoned.

13. Assertion (A): The principles of natural justice ensures fair hearing.
Reason (R): It requires unbiased judge to decide after hearing all parties.
Codes:
(a) Both (A) and (R) are true and (R) is good explanation of (A)
(b) Both (A) and (R) are true and (R) is not a good explanation of (A)
(c) (A) is true, but (R) is false
(d) (A) is false, but (R) is true.

14. Read Assertion (A) and Reason (R) and with the help of codes given below, point out the
correct explanation:
Assertion (A): One of the principles of natural justice is, ‘No man shall be judge in his own
cause’.
Reason (R): Principles of natural justice require fair play in action.
Codes:
(a) (A) and (R) are true and (R) is the correct explanation of (A)
(b) (A) and (R) are true, but (R) is not the correct explanation of (A)
(c) (A) is true and (R) is false
(d) (A) is false and (R) is true.

15. Which of the following is a principle of ‘Natural Justice'-

(a) Ubi jus ibi remedium
(b) Nemo judex in causa sua
(c) Injuria sine damno
(d) None of the above.

16. PRINCIPLE: One of the principles of natural justice is Nemo judex in causa sua, which
means that no one should be a judge in his own cause. In other words, no person can judge a case
in which he has an interest.
FACTS: ’X', a member of the selection board for a government service, was also a candidate for
selection for the same service. ‘X’ did not take part in the deliberations of the board when his
name was considered and approved.
(a) Selection of ‘X’ is against the principle of natural justice
(b) Selection of ‘X’ is not against the principle of natural justice
(c) Non-selection of ‘X’ will be against the principles of natural justice
(d) Non-participation of ‘X’ in the board deliberations will render his selection valid.
17. In modern States, the executive function is further classified as quasi-legislative, quasi-
judicial, ministerial and purely administrative functions. This observation is based on which of
the following cases?
(a) Harishankar Bagla v. State of Madhya Pradesh
(b) Maneka Gandhi v. Union of India
(c) Hamdard Dawakhana v. Union of India
(d) All of the above.

18. It is a well-established principle that the principles of natural justice do not apply to
(a) judicial function
(b) quasi-judicial function
(c) legislative function
(d) administrative function.

19. Read Assertion (A) and Reason (R) and find correct answer using codes given below:
Assertion (A): In India the order passed in violation of the principles of natural justice is void.
Reason (R): In India there is ambiguity in the area of principles of justice by nature.
Codes:
(a) (A) and (R) are true and (R) is correct explanation of (A)
(b) (A) and (R) are true, but (R) is not correct explanation of (A)
(c) (A) is true and (R) is false
(d) (A) is false and (R) is true.

20. In which case it was observed that "The dividing line between an administrative power and a
quasi-judicial power is quite thin and is being gradually obliterated”?
(a) Maneka Gandhi v. Union of India, (1978) 1 SCC 248
(b) State of Orissa v. Dr. (Miss) Binapani Dei, AIR 1967 SC 1269
(c) A.K. Kraipak v. Union of India, AIR 1970 SC 170
(d) Swadeshi Cotton Mills v. Union of India, AIR 1981 SC 818.

21. In which of the following cases, the Supreme Court held that the principles of natural justice
are applicable to administrative proceedings?
(a) M.C. Mehta v. Union of India
(b) Maneka Gandhi v. Union of India
(c) A.K. Kraipak v. Union of India
(d) Smt. Indira Nehru Gandhi v. Raj Narain

22. What was the principle laid down by the Supreme Court in A.K. Kraipak v. Union of India?
Find correct answer from the following statements:
(a) Rule of law is embedded in Article 14 of the Constitution of India
(b) Judicial review is a part of basic structure of the Constitution
(c) Principles of natural justice are applicable to administrative proceedings.
(d) Post-decisional hearing would be sufficient for the observance of principles of natural justice.

23. ............. .. is regarded as an epoch-making decision wherein the Supreme Court made a
categorical statement that the distinction between quasi-judicial and administrative ought to be
discarded for the purposes of giving a hearing to the affected party.
(a) Manilal v Delhi Administration
(b) Union of India v. B.N. Jha
(c) Commissioner of Police v. Gordhandas Bhanji
(d) A.K. Kraipak v. Union of India

24 A.K. Kraipak case is related to-

(a) Rule against bias
(b) Delegated legislation
(c) Abuse of discretion
(d) States contractual liability.

25. A.K. Kraipak v. Union of India, AIR 1970 SC 150, is a case related to:
(a) Post decisional hearing
(b) Nemo judex in causa sua
(c) Audi alteram partem
(d) All of the above.

26. The decision of A.K. Kraipak v. Union of India, is related to:

(a) Fair hearing
(b) Pecuniary bias
(c) Personal bias
(d) Bias related to subject-matter

27. The rule against bias can be discussed under the following heads:
(I) Pecuniary bias
(II) Personal bias
(III) Bias as to subject-matter
The personal bias is decided by the Supreme Court under which of the following cases?
(a) Dimes v. Grand Junction Canal
(b) Gullapalli Nageswara Rao v. APSRTC
(c) A.K. Kraipak v. Union of India
(d) Manak Lal v. Dr. Prem Chand
28. It is a principle of fundamental importance that justice should not only be done, but should
manifestly and undoubtedly be seen to be done. Who said this?
(a) Lord Hewart
(b) Lord Acton
(c) Lord Diplock
(d) Lord Halsbury

29. Match List-I with List-II and indicate the correct answer using the codes given below:
List - I List - II
A. A.K. Kraipak v. Union of India (i) Post-decisional hearing
B. Manak Lal v. Dr. Prem Chand (ii) Personal bias
C. Maneka Gandhi v Union of India (iii) Pecuniary bias
D. Olga Tellis v. Bombay Municipal (iv) Reasonable opportunity Corporation of hearing
Codes:
A B C D
(a) i ii iii iv
(b) i iii iv ii
(c) ii iii i iv
(d) iii ii iv i

30. The test for determining bias is known as-

(a) civil liability test
(b) criminal liability test
(c) reasonable likelihood test
(d) collective responsibility test

31. Match List- I with List- II and select the correct answer using the codes given below:
List- I List- II
A. Personal bias i. Jeejeebhoy v. Collector
B. Pecuniary bias ii. Krishna Bus Service (P) Ltd. v. State of Haryana
C. Subject-matter bias iii. Manak Lal v. Dr. Prem Chand
D. Departmental bias iv. G. Nageswara Rao v. A.P.S.R.T.C
Codes:
A B C D
(a) i ii iii iv
(b) i iii iv ii
(c) ii iii i iv
(d) iii ii iv i

32. Match List- I with List- II using codes given bellow.

List- I List- II
A. A.K. Kraipak v. Union of India i. Rule of Pecuniary bias
B. Gullapalli Nageswar Rao v. A.P.S.R.T ii. Rule of official bias
C. State of Orissa v. Binapani Devi iii. Rule of Personal bias
D. Mahapatra & Co. v. State of Orissa iv. Rule of hearing.
Codes:
A B C D
(a) i ii iii iv
(b) iii ii iv i
(c) iii i ii iv
(d) iv ii i iii

33. "Justice must be rooted in confidence and confidence is destroyed when right-minded people
go away thinking: ‘The judge was biased”. Who said this?
(a) Lord Hewar
(b) Lord Denning
(c) Lord Greene
(d) Lord Atkin

34. Match List- I with List- II; in the light of cases decided by the Supreme Court:
List- I (Case Law) List- II (Principles)
A. Canara Bank v. V.K. Awasthy (2005) i Duty to act fairly- in administrative functions
as well
B. Gullapalli Nageswara Rao v. A.P. ii. Post decisional hearing
State Road Transport Corpn., 1959
C. Swadeshi Cotton Mills v. Union of iii. Exclusion of rule of hearing
India (1981)
D. A.K. Kraipak v. Union of iv. One who decides must hear
India (1970)
Codes:
A B C D
(a) i ii iii iv
(b) iv iii i ii
(c) ii iv iii i
(d) iii iv ii i

35. Principle "Audi Alterm Partem” means-

(a) Hear the other party
(b) Judgment cannot be given against any person without hearing
(c) No one should be a judge in his own case
(d) Rule of fair hearing.
36. The rule of ‘Audi alteram partem’ requires reasonable opportunity of hearing. Hearing may
be-
(a) only in writing
(b) only orally
(c) written or oral
(d) written and oral both

37. What is the effect of violation of the rule? “Audi Alteram Partem” on an administrative
action-
(a) Mere irregularity
(b) Null and void
(c) An illegality
(d) Voidable

38. The essential of audi alteram partem is-

(a) issuance of notice without hearing
(b) taking adverse action against him
(c) depriving the rights
(d) notice

39. Which of the following is not an essential element of the doctrine of audi alteram partem?
(a) Person affected adversely must be heard
(b) Fair and transparent procedure must be provided by authority
(c) Reasoned decision must not be based on the satisfaction of the concerned authority.
(d) Authority concerned must dispose of the matter by a speaking order.

40. In which context the decision in Maneka Gandhi v. Union of India is relevant in
administrative law?
(a) Separation of powers
(b) Delegated legislation
(c) Rule of evidence
(d) Right of hearing

41. Which of the following is not an essential aspect of fair hearing?

(a) Proper notice
(b) Opportunity to adduce evidence
(c) Opportunity to rebut evidence
(d) Right to engage lawyer
42. In which one of the following cases, the Supreme Court made it explicit that ‘even when the
authority has statutory power to take action without hearing, it would be arbitrary to take action
without hearing and, thus, violative of Article 14 of the Constitution’?
(a) A.K. Kraipak v. Union of India
(b) Union of India v. Satish Chandra
(c) A.K. Roy v. State of Punjab
(d) H.L. Trehan v. Union of India

43. The rule of “Post decisional hearing” was laid down by the Supreme Court for the first time
in:
(a) Swadeshi Cotton Mills v. Union of India
(b) Liberty Oil Mills v. Union of India
(c) Charan Lal Sahu v. Union of India
(d) Maneka Gandhi v. Union of India

44. Which of the following is not related with natural justice-

(a) Right of hearing
(b) Rule against bias
(c) Reasoned order
(d) None of the above

45. Which of the following is not an essential element of natural justice?

(a) Fair hearing
(b) Proper consultation
(c) Rule against bias
(d) Reasoned decision

46. The requirement to give reasons in administrative decisions which affect rights and liabilities
has been held to be mandatory by the Supreme Court in ......... ..
(a) S.N. Mukherjee v. Union of India
(b) State of Orissa v. Dr. Binapani Devi
(c) State of Maharashtra v. Jalgaon Municipal Council
(d) Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh.

47. Match List- I with List- II and select the correct answer using the codes given below:
List- I List- II
A. A. Maneka Gandhi v. Union of India (i) One who hears must decide
B. A.K. Kraipak v. Union of India (ii) Reasoned decision
C. Shrilekha Vidyarthi v. State of Uttar Pradesh (iii) Post-decisional hearing
D. Gullapalli Nageswararao v. APSRTC (iv) Personal bias
Codes:
A B C D
(a) iv iii ii i
(b) ii i iv iii
(c) iii iv ii i
(d) iii ii i iv

48. In which of the following cases the distinction between quasi- judicial and administrative
decisions was perceptively mitigated and was held that even an administrative order or decision
in matters involving civil consequences, has to be made consistent with the rules of natural
justice?
(a) Western India Watch Co. v. Its Workers
(b) R.R. Verma v. Union of India
(c) State of Orissa v. Dr. Binapani Devi
(d) Mahabir Iute Mills v. Shibben Lal Saxena.

49. Match List-I (name of case) with List-II (principle of natural justice) and give correct answer
by using the code below:
List-I List-II
(a) Hira Nath Mishra v. Rajindra (i) Right to notice or requirement of notice
Medical College
(b) Union of India v. Mohd. Ramzan Khan (ii) No evidence should be taken at back of the
other
(c) Maneka Gandhi v. Union of India (iii) Report of the enquiry to be shown to
the other party
(d) Union of India v. Narendra Singh (iv) Reasoned decision or speaking orders
Codes:
A B C D
(a) iii iv I ii
(b) iv iii ii i
(c) i ii iii iv
(d) ii iii iv i

50. Which of the following case is not related with the ‘Rule of natural justice’?
(a) Ridge v. Baldwin
(b) A.K. Kraipak v. Union of India
(c) A.K. Roy v. State of Punjab
(d) Maneka Gandhi v. Union of India

51. Ridge v. Baldwin's Case deals with:

(a) Corporation
(b) Natural Justice
(c) State Liability
(d) Delegated Legislation.

52. Match List-I with List-II and select the correct answer using the codes given below:
List-I (Name of Case) List-II (Decision)
(A) Hira Nath Mishra v. Rajindera (i) The inquiry was vitiated as Class IV
Medical College employee has to defend himself against
officers, hence denial of principles of natural
justice.
(B) Bhagat Ram v. State of H.P (ii) Principle of natural justice can be
exempted for the security of girl students
and girls could be testified in the absence of
miscreants.
(C) A.K. Roy v. Union of India (iii) No deprivation of existing right enjoyed
by government servant without giving him
opportunity of being heard.
(D) H.L. Trehan v. Union of India (iv) Principles of natural justice are not rigid
norms of unchanging context, they have to
be tailored to suit the nature of the
proceeding.
Codes:
A B C D
(a) ii i iv iii
(b) i ii iii iv
(c) iv iii ii i
(d) ii i iii iv

53. "Exception of principle of natural justice" is?

(a) Extreme urgency of action in public interest
(b) Where public interest would be jeopardized by the delay
(c) Prompt, preventive or remedial action are needed
(d) All of the above.

54. What are exceptions to the rule of natural justice? Answer using codes given below:
i. Exclusion by statutory provisions.
ii. Exclusion by Constitutional provision.
iii. Exclusion in case of legislative Act.
iv. Exclusion in public interest.
Codes:
(a) Only i is correct
(b) Only i and ii are correct
(c) Only i, ii and iii are correct
(d) All of above are correct.

55. Which of the following is not an exception to the principles of natural justice?
(a) Impracticability
(b) Legislative action
(c) Rule against dictation
(d) Statutory necessity

56. Dividing lines between administrative power and quasi judicial power is thin and is being
gradually obliterated was observed by:
(a) Justice Desai
(b) Justice Ahmadi
(c) Justice Subarao
(d) Justice Hegde

57. Kondala Rao v. APSRTC is a leading case on:

(a) Departmental Bias
(b) Judicial Obstinacy
(c) Preconceived notion
(d) Partiality

58. In which of the following case the Supreme Court of India ruled that when the selection
process consists of only a viva-voce test without any written examination no limit need to be
imposed on prescribing marks for the interview.
(a) A.K. Roy v. Union of India
(b) A.P. State Financial Corporation v. C.M. Ashok Raju
(c) Sambhu Nath Sarkar v. State of W.B
(d) P. Lakhanpal v. Union of India

59. Which of the following is not an exception to the principle of natural justice?
(a) Impracticability
(b) Legislative action
(c) Rule against dictation
(d) Statutory necessity

60. Match List - I (Name of Case) with List - II (Doctrine) and answer by using the code below:
List – I List - II
(a) Ram Jawaya Kapur v. State of Punjab (i) Doctrine of post decisional hearing
(b) Maneka Gandhi v. Union of India (ii) Doctrine of public Accountability
(c) Vineet Narain v. Union of India (iii) Doctrine of separation of powers
(d) Union of India v. Hindustan (iv) Doctrine of legitimate expectations
Development Co.
Codes:
A B C D
(a) iii i ii iv
(b) iv ii i iii
(c) i iv iii ii
(d) i ii iii iv

61. Which of the following is not considered ‘irrational’, basing upon the “Wednesbury
principles" laid down in ‘Associated Provincial Picture House Ltd. v. Wednesbury Corporation,
1948 (KB)?
(a) Without the authority of law
(b) Based on no evidence
(c) It has Sanction of law
(d) It is unreasonable

62. The basic source of the principles of natural justice is mainly:

(a) In the enactments
(b) In stereotypes
(c) In the most traditional method
(d) In the ratio established by the courts

63. Which of the following is not true regarding the application of ‘doctrine of promissory
estoppel’?
(a) The court may refuse to apply promissory estoppel against the government if the ’public
interest’ suffers in fulfilling the promise.
(b) The government cannot be compelled to carry out a promise which falls outside its power
and is contrary to law.
(c) The promise in question may be tentative or uncertain and it need not be unambiguous and
unequivocal
(d) There can be no promissory estoppels against the Legislature in the exercise of its legislative
functions.

64. The theory of Natural Justice is based upon two principles, one of which is Nemo debet esse
judex in propria causa sua, which means-
(a) No one should be condemned unheard.
(b) King can do no wrong
(c) The same person should not form part of more than one of the three organs.
(d) No one should be made a judge in his own cause.
65. An administrative order itself may contain reasons or the file may disclose reasons to arrive
at the decision showing application of mind to the facts in issue. The above mentioned statement
denotes-
(a) rule against bias
(b) theory of delegated legislation
(c) theory of reasoned decision
(d) Right to notice

66. The ‘doctrine of Legitimate Expectation’ is used by the Apex Court of India to-
(a) Check the arbitrary exercise of power by the administrative authorities
(b) To check the misuse of power by the High Courts
(c) To check the abuse power of by the Local Authorities
(d) All of them

67. The leading case on Pecuniary Bias is Dr. Bonham's case. This case was decided by
(a) Edward Coke
(b) John Austin
(c) Hugo Grotious
(d) Justice Grey

68. Frank Committee or Committee on Minister's power is related to:

(a) Delegated Legislation
(b) Rule of Law
(c) Administrative discretion
(d) Principles of Natural justice

69. Principle that “No one should be judge in his own cause" was laid down in:
(a) Earl of Derby's case
(b) Dr. Bonham's Case
(c) Dimes v. Grand Junction Canal
(d) Copper v. Wandsworth

70. Rule of Pecuniary Bias was laid down in:

(a) Dimes v. Grand Junction Canal
(b) Reg. v. Criminal Injuries Compensation Board
(c) Ioseph v. Executive Engineer
(d) Dr. Bonham's Case

71. Types of bias includes:

(a) Pecuniary Bias
(b) Personal Bias
(c) Both (a) and (b)
(d) None of the above

72. Test to determine personal bias is:

(a) Real likelihood of prejudice
(b) Actual prejudice
(c) Reasonable apprehension of prejudice
(d) Actual bias

73. Departmental bias means:

(a) Official bias
(b) Policy Bias
(c) Abnormal desire to uphold a particular policy
(d) Administrative bias

74. Gullapalli Nageshwara Rao v. APSRTC is related to:

(a) Pecuniary Bias
(b) Personal Bias
(c) Preconceived Notion
(d) Departmental Bias

75. Judicial obstinacy rule is laid down in:

(a) K.S. Rao v. State of Hyderabad
(b) J. Mohapatra v. State of Orissa
(c) State of West Bengal v. Shivananda Pathak
(d) Mahadayal Premchandra v. CTO

76. Doctrine of Necessity is applicable in case where:

(a) Authority) is biased
(b) Authority is prejudiced
(c) Authority is the only competent authority
(d) Authority lacks jurisdiction

77. Natural justice is an expression of:

(a) English Law
(b) English Common Law
(c) Law of Equity
(d) Nazi's Law

78. Natural Justice is a branch of:

(a) Public Law
(b) Private Law
(c) International Law
(d) Criminal Law

79. Natural Justice accords protection against:

(a) Arbitrary Procedure
(b) Legal Procedure
(c) Judicial Procedure
(d) Personal Procedure

80. "Natural Justice is a branch of public law and is a formidable weapon which can be wielded
to secure justice to the citizen was the observation laid down in:
(a) Swadeshi Cotton Mills v. LIOI
(b) Canara Bank v. Debasis Das
(c) A.K. Kraipak v. UOI
(d) Suresh Koshi v. State of Kerala

81. Which of the following is not an ingredient of fair hearing?

(a) Right to notice
(b) Right to know evidence against
(c) Right to information
(d) Right to hearing

82. If statute clearly provides for notice and if it is not provided then there would be:
(a) Violation of principle of natural justice
(b) Not a violation of principle of natural justice
(c) Both (a) and (b)
(d) None of the above

83. Annamalai Cotton Mills Ltd. v. Chairman, T.N. Electricity Board was related to:
(a) Right to enquiry report
(b) Right to rebut adverse evidence
(c) Disclosure of all evidence materials
(d) Right to Notice

84. Charan Lal Sahu v. Union of India case is related to:

(a) Departmental Bias
(b) Necessity
(c) Acting under dictation
(d) Partiality
85. Adequate notice must contain:
(a) Time
(b) Place
(c) Nature
(d) Statement of Specific Charge
Choose from the above options-
(a) (b), (c), (d)
(b) (a), (b), (d)
(c) (a), (d)
(d) All of the above

86. Maxim "Qui aliquid statuerit parte inaudita altera, aequum licet dixerit haud aequum facerit”
literally means:
(a) One who had decided without hearing the other party
(b) One who had decided after hearing
(c) He who determines matter without hearing both sides, though he may have decided right has
not done justice
(d) One who has decided anything without hearing the other party, even though he has said what
is right has done wrong

87. Hearing starts with:

(a) Notice
(b) Enquiry Report
(c) Rebutting adverse evidence
(d) Disclosure of all evidence

88. Right to rebut adverse evidence includes:

(a) Right to Cross Examination
(b) Right to Legal representation
(c) None of the above
(d) Both (a) and (b)

89. Hiranath Mishra v. Principal Rajendra Medical College is a leading case on:
(a) Departmental proceedings
(b) Personal Bias C
(c) Right to cross examination
(d) Right to notice

90. Legal representation in an administrative proceeding is:

(a) Indispensable
(b) Dispensable
(c) Depends upon facts and circumstances
(d) None of the above

91. When a person's reputation or likelihood is at stake, he has a right not only to speak by his
mouth but has also right to speak by Counsel or Solicitor. Even a prisoner can have his friend.
This observation was mention:
(a) Pett v. Grey Hound Racing Association
(b) R. v. Deal justices Ex-Parte Curling
(c) Dimes v. Grand Junction Case
(d) CCSLI Case

92. J.K. Aggarwal v. Haryana Seeds Development Corporation Ltd. is a leading case on:
(a) Right to Legal Representation
(b) Right to Cross Examination
(c) Right to rebut adverse evidence
(d) Right to notice

93. Reasons for not allowing legal representation in administrative matters includes:
(a) Lawyers tend to complicate matters
(b) Prolong the proceedings
(c) Edge to rich over poor
(d) Lawyers are biased
Choose from the above options-
(a) (a), (c), (d)
(b) (b), (c), (d)
(c) (a), (b), (c)
(d) (a), (b), (d)

94. Enquiry report is given to the employee who is charged for misconduct when:
(a) Enquiry authority and action taking authority are same
(b) Enquiry authority and action taking authority are different
(c) Enquiry authority and action taking authority directs it to do
(d) Enquiry authority and action taking authority are partial

95. “If the charged employee knows the content of enquiry report, then non-supplying of enquiry
report is not the violation of principles of natural justice" above given statement is:
(a) True
(b) False
(c) Partially true and partially false
(d) None of the above
96. Managing Director ECIL Hyderabad v. B. Karunakar is a decision given by: ‘
(a) 2 Judge bench
(b) 3 Judge bench
(c) 5 Judge bench
(d) 7 Judge bench

97. Conflicting judgment of Kailash Chander Asthana v. State of UP and UOI v. Mohammad
Ramzan Khan was resolved in:
(a) Keshav Mills Co. Ltd v. UOI
(b) UO1 v. State of Rajasthan
(c) Nandini Salpalhy v. P.L. Dani
(d) Managing Director ECIL Hyderabad v. B. Karunakar

98. Match the following:

(a) Departmental Bias (a) Gullapalli Nageshwara Rao v. APSRTC
(b) Cross Examination (b) J.K. Aggarwal v. Haryana Seeds Development Corporation
(c) Legal Examination (c) Hiranath Mishra v. Principal Rajendra Medical College
(d) Right to enquiry report (d) Managing Director ECIL Hyderabad v. B. Karunakar
Codes:
A B C D
(a) a c b d
(b) a b c d
(c) c d b a
(d) c d a b

99. Assertion: Pre- Decisional hearing is to be given to the affected parties as a matter of rule-
Reason: A hearing given by the authority, after taking decision or making an order is known as
Post Decisional Hearing.
(a) Both are true and R is the correct explanation of A
(b) Both are true but R is not the correct explanation of A
(c) A is true but R is false
(d) Both are false

100. Post Decisional hearing has been developed to maintain:

(a) Administrative efficiency
(b) Fairness to the individual
(c) Both (a) and (b)
(d) Partiality

101. Post decisional hearing should be allowed

(a) In all cases
(b) In cases in which it serves any purpose
(c) As a mere formality
(d) As a technical rule

102. Speaking order denotes:

(a) Reasoned order
(b) Meaningful order
(c) Formal order
(d) Informal order

103. Match the following:

(a) Pecuniary Bias (a) A K Kraipak v UOI
(b) Distinction between administrative and (b) Dr Bonham s Case
quasi judicial function
(c) Judicial Obstinacy (c) State W.B. v Shivananda Pathak
(d) Doctrine of necessity (d) Charan Lal Sahu
Codes:
A B C D
(a) a b c d
(b) b a c d
(c) b c d a
(d) c b d a

104. S.N. Mukherjee v. UOI is a leading case on

(a) Speaking order
(b) Cross examination
(c) Departmental Bias
(d) Necessity

105. K.L. Shephard v. UOI is a leading case on:

(a) Post decisional hearing
(b) Pre decisional hearing
(c) Formal hearing
(d) Informal hearing

106. Assertion: Speaking order is an intelligible order which is comprehensible.

Reason: It enables the party to know the reason of the decision.
(a) Both are correct and R is correct explanation of A
(b) Both are correct but R is not the correct explanation of A
(c) A is true but R is false
(d) Both are false

107. Ashok Kurnar Yadav v. State of Haryana is leading case on:

(a) Exclusion in cases of interim preventive action
(b) Exclusion in cases of Legislative action
(c) Exclusion where doctrine of necessity applies
(d) Exclusion in cases of administrative matters

108. Rules of natural justice are divided into ‘rules against bias’ and ‘rules for fair hearing’.
Rules against bias literally means:
(a) deciding a case in which the decision maker has no interest in the matter
(b) Fair hearing to parties
(c) nemo judex in causa sua
(d) None of the above

109. In which of the following cases, underwritten observation was made?

"Principles of natural justice must be read into the provision of law”.
(a) State of U.P. v. Vijay Kumar Tripathi
(b) P. Satyanarayana v. Land Reforms Tribunal
(c) I.T.C. v. State of Madras
(d) Manjula Manjari Devi v. Director of Public Instruction

110. Match List - I (Name of Principle) with List - II (Related Case) and answer by using the
code below:
List - I List - II
A. Res judicata (i) S.P. Gupta v. Union of India
B. Legitimate expectation (ii) Motilal Padampat Sugar Mills v. State of Uttar Pradesh
C. Promissory estoppels (iii) Daryao v. State of Uttar Pradesh
D. Locus standi (iv) Monnet Ispat and Energy Ltd. v. Union of India
Code:
A B) C D
(a) ii iv iii i
(b) iii iv ii i
(c) i iii iv ii
(d) iv iii ii i

111. Which of the following hearing is an exception to principle of natural justice?

(a) Pre-Decisional Hearing
(b) Post-Decisional Hearing
(c) Both (a) and (b)
(d) None of the above

112. Exception to the rule of natural justice does not include:

(a) Exclusion in case of emergency
(b) Exclusion in case, of confidentiality
(c) Exclusion in case of Legislative Action
(d) Exclusion in case of Commercial contracts
 CHAPTER 7

WRITS AND JUDICIAL REVIEW

The origin of writs can be drawn from the English Judicial system and were created with the
development of English folk court-moots to the common law courts. However, with different
segments writs took various forms and names. Initially the writs were issued by the crown and in
the interest of the crown but with the passage of time it became available for ordinary citizens
also. The origin of writs in India goes back to the Regulating Act, 1773 under which Supreme
Court was established at Calcutta. The charter also established other High courts and these High
Courts had analogous power to issue writs as successor to the Supreme Court.

Kinds of Writs:
1. Certiorari:
Certiorari is a Latin term which means to inform. Certiorari can be described as one of the most
valuable and efficient remedies. Certiorari is one of the five prerogative writs adopted by the
Indian Constitution under Article 226 and 32 of the Indian Constitution which can be enforced
against the decisions of the authority exercising judicial or quasi-judicial powers. Such powers
are exercised when the authorities have failed to exercise the jurisdiction though vested in it or to
correct the apparent error on the face of record or there is violation of the principle of natural
justice.

2. Prohibition:
The writ of Prohibition is issued by the superior court to the lower court exercising the power
and authorities, from continuing the proceedings in a case which such Court have no power or
jurisdiction to decide. Writ of Prohibition is an extra ordinary prerogative writ of a preventive
nature. The underlying principle is that ‘prevention is better than cure.

3. Mandamus:
Mandamus is a judicial remedy which is in the form of an order from a superior court to any
government agency, or public authority to do or forbear from doing any specific act which that
body is obliged to do under the law. The writ of mandamus is issued whenever the public
authorities fail to perform the statutory duties conferred on them. Such writ is issued to perform
the duties as provided by the state under the statute or forbear or restrain from doing any specific
act. In Halsbury's Laws of England, it is mentioned that, as a general rule the order will not be
granted unless the party complained of has known what it was required to do, so that he had the
means of considering whether or not he should comply, and it must be shown by evidence that
there was a distinct demand of that which the party seeking the mandamus desires to enforce and
that that demand was met by a refusal.
4. Quo Warranto:
Qua Warranto means by what warrant or authority, Quo Warranto writ is issued against a person
holding public office which he has occupied without any qualification or legal authority for the
appointment. It is issued to restrain the authority or candidate from discharging the functions of
public office to which he is not entitled.

5. Habeas Corpus:
The Latin term Habeas Corpus means ‘have the body’. The incalculable value of habeas corpus
is that it enables the immediate determination of the right of the appellant's freedom. The writ of
Habeas Corpus is a process for securing liberty to the party from illegal and unjustifiable
detention. Its object is to provide prompt and effective remedy against illegal restraints. The writ
of Habeas Corpus can be filled by any person on behalf of person detained or by the detained
person himself. It is a judicial order issued by Supreme Court or High Court through which a
person confined may secure his release. The writ of Habeas Corpus can also be filed by any
person on behalf of the person so detained.

Judicial Review:
Judicial Review or Judicial Control constitutes an elementary topic in the administrative law
regime. In today's era, the Judiciary plays an essential role in moulding the society and nation on
the basis of guidelines and norms formulated by it. Hence, the Judiciary has emerged as one of
the concrete branches of the Government.

John Marshall was one of the most powerful Chief Justice of the U.S. Supreme Court his
decision in Marbury v. Madison is supposed to have created the practice of Judicial Review.
However, it was eminent Historian Edward Corwin who rendered a concrete explanation of the
term “Judicial Review" as the power and duty of the Courts to disallow all legislature or
executive acts of either Central or the State Government which it considered arbitrary, abusive of
power or violative of fundamental right.

‘Judicial review’ may be defined as a “Court’s power to review the actions of others branches of
government, especially the Court's power to invalidate legislative and executive actions as being
unconstitutional”.

 Judicial review in India deals with these aspects:

i. Judicial Review of Legislative Actions
ii. Judicial Review of Administrative Actions
iii. Judicial Review of Judicial Actions
What are Administrative Actions?
Administrative action is the residuary action which is neither legislative nor judicial. It is
concerned with the treatment of a particular situation and is devoid of generality. It has no
procedural obligations of collecting evidence and weighing argument. It is based on subjective
satisfaction where decision is based on policy and expediency. However, it does not mean that
the principles of natural justice can be ignored completely when the authority is exercising
"administrative powers". Judicial review of administrative action is inherent in our Constitutional
scheme which is based on rule of law and separation of powers. It is considered to be the basic
features of our Constitution, which cannot be abrogated even by exercising the Constituent
power of the Parliament. It is the most effective remedy available against the administrative
excesses.

Grounds for Judicial Review of Administrative Actions:

 Illegality
 Irrationality
 Procedural impropriety
 Proportionality
 Erroneous exercise of jurisdiction on a point of law which is apparent on the face of the
record
 Jurisdictional errors, which includes absence of jurisdiction or refusal to exercise jurisdiction
 Violation of the principles of natural justice

Judicial review extends to every governmental or executive action from high policy matters like
the President's power to issue a proclamation on failure of constitutional machinery in the States
like in Bommai case, to the highly discretionary exercise of the prerogative of pardon like in
Kehar Singh case or the right to go abroad as in Satwant Singh case. Judicial review knows no
bounds except the restraint of the judges themselves regarding justifiability of an issue in a
particular case.

The expansion of the horizon of judicial review is seen both with reverence and suspicion;
reverence in as much as the judicial review is a creative element of interpretation, which serves
as an omnipresent and potentially omnipotent check on the legislative and execution branches of
government. But at the same time there is a danger that they may trespass into the powers given
to the legislature and the executive.

The growth of judicial review is the inevitable response of the judiciary to ensure proper check
on the exercise of public power. Growing awareness of the rights in the people; the trend of
judicial scrutiny of every significant governmental action and the readiness even of the executive
to seek judicial determination of debatable or controversial issues, at times, may be, to avoid its
accountability for the decision, have all resulted in the increasing significance of the role of the
judiciary. There is a general perception that the judiciary in this country has been active in
expansion of the field of judicial review into non-traditional areas, which earlier were considered
beyond judicial purview.

The Judges have a duty to perform, which is even more onerous to keep the judicial ship afloat
on even keel. It must avoid making any ad-hoc decision without the foundation of a juristic
principle, particularly, when the decision appears to break new grounds. The judgments must be
logical, precise, clear, and sober, rendered with restraint in speech avoiding saying more than
that, which is necessary in the case.

Leading Case Laws:

1. In A.K. Kraipak v. Union of India, where the selection was challenged on the ground of bias.
The Supreme Court delineated the distinction between quasi judicial and administrative
authority. The Supreme Court exercising the powers issued the writ of Certiorari for
quashing the action.

2. In East India Commercial Co. Ltd. v. Collector of Customs, observed that a writ of
prohibition is an order directed to an inferior Tribunal forbidding it from continuing with a
proceeding therein on the ground that the proceeding is without or in excess of jurisdiction or
contrary to the laws of the land, statutory or otherwise.

3. The first case reported on the writ of mandamus was the Middletone case in 1573 wherein a
citizen's franchise was restored. The writ of mandamus can be issued if the public authority
vested with power abuses the power or acts malafide to it.

4. In University of Mysore v. Govinda Rao, the Supreme Court observed that the writ of qua
warranto confers the jurisdiction and authority on the judiciary to control executive action in
making the appointments to public offices against the relevant statutory provisions; it also
protects a citizen being deprived of public office to which he may have a right.

5. In Icchu Devi v. Union of India, the Supreme Court held that in a case of writ of Habeas
corpus there are no strict observances of the rules of burden of proof. Even a post card by any
pro bono publico is satisfactory to galvanize the court into examining the legality of
detention.

6. In A.D.M. Iabalpur v. Shivakant Shukla (Habeas Corpus Case), it was observed that the
writ of Habeas Corpus is a process for securing the liberty of the subject by affording an
effective means of immediate relief from unlawful or unjustifiable detention whether in
prison or private custody. By it the High Court and the judges of that court at the instance of
a subject aggrieved command the production of that subject and inquire into the cause of his
imprisonment. If there is no legal justification for that detention, then the party is ordered to
be released.
7. In Council of Civil Service Unions v. Minister for the Civil Service, Lord Diplock
summarized the principles as follows "Judicial review has I think developed to a stage today
when without reiterating any analysis of the steps by which the development has come about,
one can conveniently classify under three heads the grounds upon which administrative
action is subject to control by judicial review.

The first ground I would call "illegality", the second “irrationality” and the third "procedural
impropriety”. That is not to say that further development on a case-by-case basis may not in
course of time add further grounds. I have in mind particularly the possible adoption in the future
of the principle of “proportionality” which is recognized in the administrative law of several of
our fellow members of the European Economic Community; but to dispose of the instant case-
the three already well established heads that I have mentioned will suffice.

He declared that the head “irrationality” is synonymous with “Wednesbury's unreasonableness”

(Associated Provincial Picture Houses Ltd. v. Wednesbury Corpn.).

8. In A.K. Kraipak v. Union of India, the Court was of the view that in order to determine
whether the action of the administrative authority is quasi-judicial or administrative, one has
to see the nature of power conferred, to whom power is given, the framework within which
power is conferred and the consequences.

9. In the celebrated case of Keshavanda Bharati v. State of Kerala, the Supreme Court of India
has propounded the basic structure doctrine according to which it said the legislature can
amend the Constitution, but it should not change the basic structure of the Constitution, The
Judges made no attempt to define the basic structure of the Constitution in clear terms. S.M.
Sikri, C.J. mentioned five basic features:

1. Supremacy of the Constitution.

2. Republican and democratic form of Government.
3. Secular character of the Constitution.
4. Separation of powers between the legislature, the executive and the judiciary.
5. Federal character of the Constitution.

10. In Kihoto Hollohan v. Zachillhu another Constitution Bench, decision while examining the
validity of para 7 of the Tenth Schedule to the Constitution which excluded judicial review of
the decision of the Speaker/ Chairman on the question of disqualification of MLAs and MP5,
observed that it was unnecessary to pronounce on the contention whether judicial review is a
basic feature of the Constitution and held that para 7 of the Tenth Schedule violated such
basic structure of Indian Constitution.
11. In L. Chandra Kumar v. Union of India, Judges unequivocally declared that the power of
judicial review over legislative action vested in the High Court under Article 226 and in the
Supreme Court under Article 32 of the Constitution. It is an integral and essential feature of
the Constitution. Constituting part of its basic structure".
 MULTIPLE CHOICE QUESTIONS

1. Prerogative writs to review an administrative action are:

(a) Two : Writ of Habeas Corpus and Writ of Mandamus.
(b) Three : Writ of Habeas Corpus and Writ of Mandamus and Writ of Prohibition.
(c) Four : Writ of Habeas Corpus and Writ of Mandamus and Writ of Prohibition and Writ of
Certiorari
(d) Five : Writ of Habeas Corpus, Writ of Mandamus, Writ of Quo Warranto, Writ of Certiorari
and Writ of Prohibition.

2 Which of the following statements are correct? Select correct code.

1. Writ of Habeas Corpus is issued against illegal confinement of a person
2. Writ of Mandamus is issued to correct Jurisdictional error
3. Writ jurisdiction can be exercised for enforcement of Fundamental rights
4. Principle of res judicata is applicable to writ jurisdiction except in case of writ of habeas
corpus.
Code:
(a) 1 and 2 are correct
(b) 1, 3 and 4 are correct
(c) 2 and 3 are not correct
(d) 2 and 4 are correct.

3. Which of the following are matched incorrectly?

i. Habeas Corpus — ‘To produce the body’
ii. Qua warranto — ‘Issued to a lower court to stop proceedings in a case’.
iii. Prohibition — ‘Issued to a lower court quashing a decision or order’ x
iv. Mandamus . — ‘Commands a person to perform a public duty’.
(a) i, ii and iii
(b) ii and iii
(c) ii, iii and iv
(d) ii and iv.

4. Match List-I with List-II and indicate the correct answer using the codes given below:
List-I List-II
(A) Bring the body before the Court (i) Writ of Mandamus
(B) Petitioner's legal right to compel (ii) Writ of Certiorari
the performance of public duty
(C) By what authority a person is (iii) Writ of Habeas Corpus
holding the public post
(D) Action of subordinate Court in (iv) Writ of Qua warranto
violation of the principles of natural
justice
Codes:
(A) (B) (C) (D)
(a) (i) (ii) (iii) (iv)
(b) (iii) (i) (iv) (ii)
(c) (iii) (ii) (i) (iv)
(d) (iii) (iv) (ii) (i)

5. Match List-I with List-II and select the correct answer by using the code given below lists:
List-I List-II
(a) Habeas Corpus (i) Non-performance of public duty
(b) Mandamus (ii) Unlawful detention
(c) Qua-Warranto (iii) Correctional direction to subordinate courts
(d) Certiorari (iv) Unlawful occupation of public office
(v) Double jeopardy.
Codes:
A B C D
(a) i ii iii iv
(b) ii i iv iii
(c) iii i ii v
(d) iv v i ii

6. Match List-I with List-II and select the correct answer using the codes given below the list:
List-I List-II
(A) Writ of Habeas Corpus (i) Unlawful occupation of public office
(B) Writ of Mandamus (ii) Superior Court's direction to subordinate Courts
(C) Writ of Quo-warmnto (iii) Unlawful Detention
(D) Writ of Certiorari (iv) Non-performance of public duties
Codes:
A B C D
(a) ii i iv iii
(b) iii iv i ii
(c) ii iv i iii
(d) iii i iv ii

7. Which of the following pairs is correctly matched?

(a) Writ of Habeas Corpus : Available against private individuals as well
(b) Writ of Qua Warranto : Against subordinate courts only
(c) Writ of Certiorari : Against autonomous bodies only
(d) Writ of Prohibition : Against public servants only.
8. Which of the following is the writ meant for protecting the personal liberty of the individual?
(a) Prohibition
(b) Mandamus
(c) Habeas Corpus
(d) Certiorari.

9. The writ of habeas corpus will be issued if

(a) Detention is legal
(b) Detention is prima facie legal
(c) Detention is prima facie illegal
(d) Detention is primarily illegal.

10. Habeas corpus literally means ‘have the corpus’ or ‘bring the body’. In which case, habeas
corpus was not be issued?
(a) A.K. Gopalan v. State of Madras
(b) Batul Chandra v. State of West Bengal
(c) Both (a) and (b)
(d) Neither (a) nor (b).

11. In which one of the following writs the principle of res judicata is not applicable?
(a) Habeas corpus
(b) Qua warranto
(c) Mandamus
(d) Certiorari.

12. Which of the following writs may be issued for compelling a public authority to perform a
public duty?
(a) Qua-Warranto
(b) Mandamus
(c) Certiorari
(d) Prohibition.

13. When a writ is issued to a public authority in respect of any type of administrative, action it
is called a writ of:
(a) Mandamus
(b) Qua warranto
(c) Certiorari
(d) Prohibition.

14. Under which of the following condition(s) a writ of mandamus can be granted? Give correct
answer by using the codes
(i) There must be a public duty.
(ii) There must be a specific demand and refusal.
(iii) There must be a clear right to enforce the duty.
(iv) The right must be subsisting on the date of the petition.
Codes:
(a) All (i), (ii), (iii) and (iv) are correct
(b) Only (i), (ii) and (iii) are correct
(c) Only (i) and (iii) are correct
(d) Only (i) and (ii) are correct.

15. What is the essential condition of the mandamus?

(a) The petitioner must have legal right which can be judicially enforceable
(b) The public authority concerned must do his duty
(c) The petitioner should not make a demand for the performance of the duty
(d) None of the above.

16. Mandamus
(a) is issued to check the performance of duties of a public nature
(b) is issued to impede the performance of duties of a private nature
(c) is issued to compel the performance of duties of a public nature
(d) None of the above.

17. Give correct answer by using the codes given below:

(a) The writ of mandamus as well as the writ of certiorari is available against administrative
authorities as well as judicial and quasi-judicial authorities.
(b) The writ of mandamus acts where authority declines jurisdiction whereas the writ of
certiorari acts where the courts and tribunals exceed their jurisdiction.
(c) The writ of mandamus compels whereas the writ of certiorari corrects.
Codes:
(a) Only (a) is correct
(b) Only (a) and (b) are correct
(c) Only (b) and (c) are correct
(d) (a), (b) and (c) all are correct.

18. Writ of Mandamus cannot be issued, where a fundamental right is infringed by

(a) A Statute
(b) A Statutory Order
(c) An Executive Order
(d) Private Body.

19. The writ of “Qua-warranto’ is issued in which of the following cases.

(a) To direct release of a person detained illegally
(b) Against a person .who occupies or usurps an independent public office
(c) To direct statutory agency to perform its public duty
(d) To correct the jurisdictional error of quasi-judicial bodies.

20. Which of the following writs can be issued against a person believed to be holding a public
office, he is not entitled to hold:
(a) Writ of mandamus
(b) Writ of certiorari
(c) Writ of prohibition
(d) Writ of qua warranto.

21. Which of the following writ can be issued against the ususper of Public Office?
(a) Writ of Mandamus
(b) Writ of Certiorari
(c) Writ of Quo warranto
(d) Writ of Prohibition

22. Writ of quo warranto can be filed by

(a) any person aggrieved by public office
(b) an executive in his official capacity
(c) any private person whether aggrieved or not
(d) Both of (a) and (b)

23. Which of the following writs is issued by the High Court under Article 226 to inferior courts,
tribunals or authorities to transmit to it the record of proceeding pending with them for scrutiny
and, if necessary, for quashing the same?
(a) HabeasAC0rpus
(b) Qua Warranto
(c) Certiorari
(d) Mandamus.

24. A writ of certiorari can be issued against

(a) A Lower Court/Tribunal to prevent it from proceeding further
(b) Parliament to stop the proceedings taking place in the House
(c) Lower Courts to’ remit all the documents to the writ court for verification
(d) To give direction to the executive to perform their duties.

25. Which of the following writs can be issued for correctional directions to subordinate courts?
(a) Mandamus
(b) Quo warranto
(c) Certiorari
(d) Prohibition.

26; On which of the following grounds a Writ of Certiorari may be issued?

(a) Violation of principles of natural justice
(b) Error of jurisdiction V
(c) Error apparent on the law of record
(d) All (a), (b) and (c) are correct.

27. The ground for writ of certiorari is

(a) Contravention of the law of the land
(b) Error apparent on the face of the record
(c) Not fulfilling the obligation of arising out of contract by the state
(d) For want of authority to hold public office.

28. When a writ is issued to an inferior court or tribunal on ground of exceeding the jurisdiction
or acting contrary to the rules of natural justice, it is called a writ of:
(a) Mandamus
(b) Certiorari
(c) Prohibition
(d) Habeas corpus.

29. In which of the following grounds, a writ of certiorari may be issued?

(A) Error of law apparent on the face of record
(B) Violation of principles of natural justice
(C) jurisdictional error
(D) Illegal detention of an innocent person
Codes:
(a) Only (a) is correct
(b) Only (a) and (c) are correct
(c) Only (a), (b) and (c) are correct
(d) All of the above are correct.

30. "Writ of certiorari can be issued to quash actions which are administrative in nature". Above
principle was laid down in:
(a) Indian Railway Construction Co. Ltd. v. Ajay Kumar
(b) A.I. Kraipak v. Union of India
(c) Union of India v. Bashyan
(d) Rajesh Kumar v. C.I.T.

31. Which writ can be issued by a High Court as a correctional directive to subordinate courts?
(a) Mandamus
(b) Prohibition
(c) Qua-Warranto
(d) Certiorari.

32. On which of the following ground writ of certiorari cannot be issued?

(a) Abuse of jurisdiction
(b) Exercise of jurisdiction
(c) Violation of principles of natural justice
(d) Error of law apparent on the face of the record.

33. Which one of the following has powers similar to those of a Court having power to issue a
writ of certiorari under the express statutory provisions?
(a) Administrative Tribunals established under the Administrative Tribunals Act, 1985
(b) Industrial Tribunals established under the Industrial Disputes Act, 1947
(c) Income Tax Appellate Tribunal established under the Income Tax Act, 1961
(d) State Consumer Disputes Redressal Commission established under the Consumer Protection
Act, 1986.

34. In which of the following conditions the Writ of Prohibition may be issued?
(a) Where there is absence or abuse of jurisdiction
(b) Where there is violation of principles of Natural Justice and fraud
(c) Where there is any kind of contravention of the law of the land
(d) Both (b) and (c).

35. Writ of prohibition cannot be issued against

(a) executive body
(b) judicial body
(c) quasi-judicial body
(d) None of the above.

36. Which of the following is not a ground for the issue of writ of prohibition?
(a) Procedural irregularity
(b) Violation of the principles of natural justice
(c) Infringement of fundamental rights
(d) Excess or abuse of Jurisdiction.

37. Find correct answer:

The writ of prohibition may be issued, when there is
(a) an absence of jurisdiction or abuse of jurisdiction.
(b) violation of principles of natural justice and fraud.
(c) any kind of contravention of the law of the land.
(d) all of the above.

38. Read the Assertion (A) and Reason (R) and give the correct answer with the help of codes
given below:
Assertion (A): A writ of prohibition can be issued on the same grounds on which the writ of
certiorari can be issued except in case of an error of law apparent on the face of the record.
Reason (R): A writ of certiorari is issued at a stage when proceedings are in progress, to forbid
the authority from continuing the proceedings whereas a writ of prohibition is issued at a stage
when the authority has given a final decision, to quash the decision.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(c) (A) is correct, but (R) is false
(d) (A) is false, but (R) is correct.

39. Which writs can be issued in Administrative matters?

(a) Certiorari
(b) Quo Warranto and Certiorari
(c) Habeas Corpus
(d) Certiorari, Qua Warranto and Mandamus.

40. Which one of the following is the correct statement?

(a) While certiorari can be issued against judicial or quasi-judicial authorities, mandamus can be
issued against public authorities only
(b) Mandamus can be issued for a declaration that an Act is ultra vires the Constitution and
certiorari can also be issued for correcting that defect
(c) Certiorari can be issued against a quasi-judicial authority to prevent it from exercising
jurisdiction not vested in ill Mandamus cannot be issued for that purpose
(d) Certiorari cannot be issued against usurping a public officer, but Mandamus can be issued for
that purpose.

41. Read Assertion (A) and Reason (R) and answer using codes given below:
Assertion (A): A High Court may decline to exercise its extra-ordinary jurisdiction under Article
226 and dismiss the writ summarily or in limine.
Reason (R): It would be proper for the High Court to dispose of the petition summarily or in
limine, when no important question of law are raised in a writ petition.
Codes:
(a) Both (A) and (R) are right and (R) is correct reason of (A)
(b) Both (A) and (R) are right but (R) is not correct reason of (A)
(c) (A) is right but (R) is wrong
(d) (A) is wrong but (R) is right.
42. Match List-I (name of case) with List-II (name of writ) and give correct answer by using
code given below:
List-I List-II
(A) Sunil Batra v. Delhi Administration (i) Qua Warranto
(B) U.N.R. Rao v. Indira Gandhi (ii) Habeas Corpus
(C) Gujarat State Financial Corporation v. Lotus Hotels (iii) Certiorari
(D) Nalini Ranjan v. Annada Shankar (iv) Mandamus
Codes:
(A) (B) (C) (D)
(a) (iii) (iv) (i) (ii)
(b) (iv) (iii) (ii) (i)
(c) (ii) (i) (iv) (iii)
(d) (i) (ii) (iii) (iv)

43. Every High Court shall have superintendence over all Courts and Tribunals throughout the
territories in relation to which it exercises its jurisdiction. This provisions has been made by
which of the following Articles of the Constitution?
(a) Article 226
(b) Article 228
(c) Article 227.
(d) Article 229.

44. A writ of Mandamus will not lie against the

(a) President of India
(b) Parliament
(c) Local Authorities
(d) Courts and Tribunals

45. Read Assertion (A) and Reason (R) and find correct answer using codes given below:
Assertion (A): Equality is antithesis to arbitrariness.
Reason (R): Article 14 of the Indian Constitution prevents arbitrary discretion being vested in the
executive.
Codes:
(a) Both (A) and (R) are true and (R) is correct explanation of (A).
(b) Both (A) and (R) are true, but (R) is not correct explanation of (A).
(c) (A) is true, but (R) is false.
(d (A) is false, but (R) is true.

46. On which of the following grounds, a writ of certiorari may be issued?

(a) Error of jurisdiction
(b) Error apparent on face of record
(c) Violation of natural justice
(d) All of the above

47. Judicial review of an administrative action means

(a) Review by the Parliament
(b) Review by the Government
(c) Review by the Legislative Assembly
(d) Review by the Judiciary

48. Read the Assertion (A) and Reason (R) and answer by using the codes given below:
Assertion (A): (In judicial review of administrative actions, generally the court would not
interfere with the merits of the case by embarking upon inquiry into the facts..
Reason (R): Courts can review the procedure through which a decision has been taken by the
administrative authority but courts cannot supplement its own decision and act as appellate court
over the administrative authority.
Codes:
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true

49. "The constitution brings into existence different constitutional entities, namely the union, the
state and the union territories. It creates three major instruments of power, namely the
Legislature, the Executive and the Judiciary. It demarcates their jurisdiction minutely and
expects them to exercise their respective powers without overstepping there limits. They should
function with the spheres allotted to them" it was an observation made in the landmark case of
I.C. Golak Nath v State of Punjab. This observation was made by?
(a) Justice Subha Rao
(b) Justice Ray
(c) Justice Bhagwati
(d) Justice Iyer
50. The Supreme Court or the High Court in exercise of the power of judicial Review can
declare a law passed by the Parliament or State Legislature as invalid on the grounds that
(a) It is not within the competence of the Legislature which passed the law.
(b) It is in contravention of the fundamental rights stipulated in Part III of the Constitution or any
other provision of the Constitution.
(c) The Legislature did not apply its mind or it was prompted by some improper motive or it was
arbitrary or unreasonable.
Choose the correct option:
(a) (a) and (c) only
(b) (a) and (b) only
(c) (b) and (c) only
(d) all (a), (b) and (c)

51. The prerogative writ/writs is/are available against the decisions of administrative tribunals.
(a) Writ of Mandamus
(b) Writ of Certiorari
(c) Writ of Prohibition
(d) Both (b) and (c)

52. Which writ was the first writ to be issued in the landmark case of Middletone in 1573?
(a) Writ of Certiorari
(b) Writ of Habeas Corpus
(c) Writ of Mandamus
(d) Writ of Quo Warranto

53. In judicial review, court is concerned with:

(a) Merits of the decision
(b) Correctness of the decision
(c) Authority by which decision is taken
(d) Manner in which decision is taken or order is made

54. Which of the writ can be filed for personal freedom?

(a) Mandamus
(b) Qua Warrunto
(c) Habeas Corpus
(d) Certiorari

55. In addition to Supreme Court, which court has the power to issue writ:
(a) High Court
(b) District Court
(c) Both
(d) None

56. Habeas Corpus means:

(a) getting the body
(b) show authorization
(c) to comply with a public duty
(d) None of the above

57. Which of the following writ has literal meaning ‘we order’?
(a) Qua Warranto
(b) Habeas Corpus
(c) Ceritorizri
(d) Mandamus

58. Writ of mandamus is issued to:

(a) enforce public duty
(b) breach of natural justice
(c) no jurisdiction
(d) intentional error relative to the record

59. To issue writ of mandamus nature of duty should be:

(a) Alternative duty
(b) Discretionary duty
(c) Public duty y
(d) Private duty

60. Writ of mandamus cannot be issued against:

(a) Council of Minister
(b) Governor
(c) President
(d) Both (b) and (c)

61. Writ of Quo Warranto is issued when office is:

(a) Private office
(b) Public office
(c) Legal office
(d) None of the above

62. Quo Warranto literally means:

(a) No warrant or authority
(b) Absolute warrant or authority
(c) By what warrant or authority
(d) None of the above

63. Concept of curative petition was evolved in the case of:

(a) S.N. Mukherjee v. Union of India
(b) IR Coelho v. State of Tamil Nadu
(c) Rupa Hurra v. Ashok Hurra
(d) L Chandra Kumar v. Union of India
64. Which of the following writ can be issued by the High Court?
(a) certiorari
(b) quo warranto
(c) prohibition
(d) all of the above

65. In which of the following cases, writ of habeas corpus is issued?

(a) loss of property .
(b) excessive tax refund
(c) illegal police detention
(d) violation of freedom of speech

66. Which of the following writ is issued directing the usurper of public office to vacate such
office.
(a) certiorari
(b) mandamus
(c) prohibition
(d) quo warranto

67. Concept of writs originated in:

(a) USA
(b) India
(c) Britain
(d) France

68. Which of the following writ is issued by the superior court to judicial or quasi-judicial
authorities to investigate and decide the legality and validity of the order passed by it?
(a) Certiorari
(b) Mandamus
(c) Habeas Corpus
(d) Prohibition

69. Answer the following using the codes given below: In which of the following grounds the
judicial review of an administrative action can be made?
(i) Abuse of discretion
(ii) Mala fide or Bad faith
(iii) Irrelevant consideration
(iv) Unreasonableness
Codes:
(a) Only (i), (ii) and (iii) are correct.
(b) Only (i) and (ii) are correct.
(c) Only (ii) and (iii) are correct.
(d) All (i), (ii), (iii) and (iv) are correct.

70. While reviewing administrative action, the Court's duty is to confine itself to the question of
legality. In the light of following statement, what is/are the ground(s) for judicial review?
(a) Committed an error of law or exceeded its powers
(b) Breach of natural justice of decision without reason
(c) Both (a) and (b)
(d) None of the above

71. In India, judicial review is exercised in which of the following manner:

(a) By Judicial review of legislative action
(b) By Judicial review of judicial decision
(c) Either (a) and (b)
(d) Both (a) and (d)

72. In India, judicial review is exercised in which of the ways:

(a) Judicial review of legislative action
(b) Judicial review of judicial decision
(c) Judicial review of administrative action
(d) All of the above

73. Which of the following writ stops an employee from doing such act which he/she is not
officially entitled to do?
(a) habeas corpus
(b) mandamus
(c) prohibition
(d) quo warranto

74. Which of the following writ is issued directing the person or corporation to follow Court's
order:
(a) habeas corpus
(b) mandamus
(c) prohibition
(d) qua warranto

75. To safeguard fundamental rights....................s, issued by the Supreme court under Article 32
(a) Order
(b) Decree
(c) Injunction
(d) Writs
 CHAPTER 8

ADMINISTRATIVE TRIBUNALS

Administrative Tribunals are agencies created by specific enactments to adjudicate upon

controversies that may arise in the course of the implementation of the substantive provisions of
the relative enactments. Unlike that of the court which is parts of the traditional judicial system
of a country, the jurisdiction of administrative tribunal is not general. Administrative tribunals
are specialised governmental agencies established under federal or provincial legislation to
implement legislative policy. The term ’tribunal' is used in a significant sense and refers only to
the adjudicatory bodies which lie outside the sphere of the ordinary judicial system.

The concept of tribunalisation came into existence in India with the establishment of the Income
Tax Appellate Tribunal before the independence of the country. After independence, a need was
being felt for resolving administrative disputes with flexibility and speed. The core objective of
tribunalisation was to provide specialized and speedy justice to the people.

The 42nd Amendment to the Constitution of India introduced Part XIV-A which included Article
323A and 323B providing for constitution of tribunals dealing with administrative matters and
other issues. According to these provisions of the Constitution, tribunals are to be organized and
established in such a manner that they do not violate the integrity of the judicial system given in
the Constitution which forms the basic structure of the Constitution.

The introduction of “Article 323A and 323B was done with the primary objective of excluding
the jurisdiction of the High Court under Article 226 and 227, except the jurisdiction of the
Supreme Court under Article 136 and for originating an efficacious alternative institutional
mechanism or authority for specific judicial cases.

The purpose of establishing tribunals to the exclusion of the jurisdiction of the High Courts it
was done to reduce the pendency and lower the burden of cases in such courts.

From a functional point of view, an administrative tribunal is neither an exclusively judicial body
nor an absolute administrative body but is somewhere between the two. That is why an
administrative tribunal is also called ‘quasi-judicial’ body.

Characteristics of Administrative tribunals

(i) They are established by the executive under the provisions of statute.
(ii) Though they are required to act judicially, they perform quasi- judicial functions.
(iii) They are independent and imperial and work without being influenced by the Government.
(iv) They have the powers of Civil Courts in certain matters and their proceeding are
considered to be judicial proceedings.
(v) A fair, open and impartial act is the indispensable requisite of the administrative tribunals.
(vi) They are required to follow the principles of natural justice in deceiving the cases.
(vii) In the procedural matters, an administrative tribunal possesses the powers of a court to
summon witnesses, to administer oaths and to compel the production of documents, etc.
(viii) The prerogative writs of certiorari and prohibition are available against the decisions of
administrative tribunals.
(ix) That they are not bound to follow the technical rules of the procedure and evidence
prescribed by the Civil Procedure Code and Evidence Act.
(x) These tribunals are bound to abide by the principled of natural justice.
(xi) That they are not courts in proper sense of terms.
(xii) Administrative tribunals are independent and not subject to any administrative interference
in the discharge of judicial or quasi- judicial functions.

Advantages of Administrative Tribunals

- Flexibility
- Speedy Justice
- Less Expensive
- Quality Justice
- Relief to Courts

Drawbacks of Administrative Tribunals

 Against the Rule of Law
 Lack of specified procedure
 No prediction of future decisions
 Scope of Arbitrariness
 Absence of legal expertise

Categories of Administrative Tribunals

Forty second Constitutional Amendment provided for the creation of tribunals. This Amendment
opened the possibility for the proliferation of the tribunals system in the country. Article 323A
empowers the parliament to establish service tribunals, which will deal with the service matters
i.e., recruitment, conditions of service of persons appointed to public services and posts in
connection with the affairs of the Union or any State or any local or other authority in India or
under the control or owned by the government and Article 323B empowers the Parliament to
create Tribunals for other matter. In 1985, Parliament passed the Administrative Tribunals Act in
pursuant of Article 323A of the Constitution. And under Article 323B parliament and state
legislatures are passing law from time to time which provides for the creation of tribunals. It
excludes the jurisdiction of other courts but subject to the writ jurisdiction of High Court and
Jurisdiction of Supreme Court under Article 136.
The grounds for Supreme Court to interfere with the findings are:
 The tribunal has acted in excess of jurisdiction or has failed to exercise apparent jurisdiction.
 It has acted illegally n
 There is an error of law.
 The order of it is erroneous or has approached the question in a manner liable to result in
injustice.
 It has acted against the principles of natural justice.

Distinction between Courts and Tribunals

Courts Administrative Tribunal

A Court of law is a part of the traditional The administrative tribunal is an agency
judicial system. created by a statue endowed with judicial
powers.
A Court of law is vested with general It deals with service matters and is vested
jurisdiction over all the matters. with limited jurisdiction to decide a
particular issue.
It is strictly bound by all the rules of evidence It is not bound by the rules of the Evidence
and by the procedure of the Code of Civil Act and the CPC unless the statute which
Procedure. creates the tribunal imposes such an
obligation.
It is presided over by an officer expert in the It is not mandatory in every case that the
law. members need to be trained and experts in
law.
The decision of the court is objective in nature The decision is subjective i.e. at times it
primarily based on the evidence and materials may decide the matters taking into account
produced before the court. the policy and expediency.
It is bound by precedents, the principle of res It is not obligatory to follow precedents and
judicata and the principle of natural justice. principle of res judicata but the principle of
natural justice must be followed.
It can decide the validity of legislation. It cannot decide the validity of legislation.
The courts do not follow investigatory or Many tribunals perform investigatory
inquisition functions rather it decides the case functions as well along with its quasi-
on the basis of evidence. judicial functions.

Leading Case Laws:

1. In S.P. Sampath Kumar’s case Hon’ble Supreme Court held that the tribunal is the
substitute of High Court and is entitled to exercise the power thereof and held that Article 323-
A(2)(d) and Article 323-B(3)(d) constitutional. Tribunal’s decision is made appealable within
the tribunal itself before a large bench as an ordinary employee cannot be accepted to afford
the cost of litigation in the Supreme Court and High Court under writ jurisdiction, which may
sometimes result in the denial of his right to seek justice.
2. In L. Chandrakumar v. Union of India, the Supreme Court reversed its earlier judgment and
ruled that judicial power of judiciary vested in the Supreme Court and High Courts
constitutes part of the basic structure of the constitution and could not be taken away. Thus,
the tribunals are allowed to function as courts of first instance subject to the appellate
jurisdiction of High Courts. This downgraded the role of tribunals from the substantial role to
supplemental role. The court reached various conclusions as to jurisdictional powers of the
tribunal constituted under Articles 323A and 323B. The Supreme Court struck down clause
2(d) of Article 323A and clause 3(d) of Article 323B on the ground that they excluded the
jurisdiction of the High Courts and the Supreme Court under Article 226/227 and 32
respectively. This decision overruled the ratio laid down in ‘Sampath Kumar’ case.
 MULTIPLE CHOICE QUESTIONS

1. Find correct answer:

Administrative Tribunal exercises:
(a) Purely Administrative functions
(b) Purely Judicial functions
(c) Purely Legislative functions
(d) Quasi-Judicial functions.

2. The action of Administrative Tribunal is considered as-

(a) purely judicial
(b) purely administrative
(c) quasi-judicial
(d) All of the above

3. Tribunal is a body, which must have the trappings of a court?

(a) Judicial
(b) Quasi-judicial
(c) Financial
(d) Private

4. A tribunal is established by the in accordance with the provision of the statute-

(a) Supreme Court
(b) High Court
(c) Executive
(d) Legislature

5. Which Clauses of Article 323A and 323B were struck down by the Supreme Court in the case
of L. Chnadra Kumar v. Union of India?
(a) clause 2(d) of Article 323A and clause 3(d) of Article 323B
(b) clause 3(d) of Article 323A and clause 2(d) of Article 323B
(c) clause 2(a) of Article 323A and clause 3(b) of Article 323B
(d) clause 2(b) of Article 323A and clause 3(d) of Article 323B

6. The constitution of India has provided for the establishment of tribunals under:
(a) Article 323A
(b) Article 323B
(c) Both (a) and (b)
(d) None of the above
7. Article 323A and Article 323B were incorporated in the Indian Constitution through which
amendment?
(a) 39th amendment
(b) 42th amendment
(c) 44th amendment
(d) 52th amendment

8. Provision for setting up administrative tribunal for service matters is provided under which
article?
(a) Article 323(A)
(b) Article 323(B)
(c) Article 338(A)
(d) Article 338(B)

9. Article 323A(2)(d) was declared to be constitutional in which of the following case?

(a) Sampat Kumar v. Union of India
(b) IR Coelho v. State of Tamil Nadu
(c) Rupa Ashok v. Ashok
(d) L. Chandra Kumar v. Union of India

10. Article 323A(2)(d) is declared unconstitutional to the extent that it takes away the
jurisdiction of High Court was held in:
(a) L. Chandra Kumar v. Union of India
(b) IR Coelho v. State of Tamil Nadu
(c) Rupa Ashok v. Ashok
(d) Maneka Gandhi v. Union of India

11. Which Article of Indian Constitution provides for the establishment of tribunal for other
matters:
(a) Article 323A
(b) Article 323B
(c) Both (a) and (b)
(d) None of the above

12. Administrative Tribunal Act was passed in the exercise of power conferred under which
Article?
(a) Article 323A
(b) Article 323B
(c) Both (a) and (b)
(d) None of the above
13. Administrative Tribunal Act was passed in the year:
(a) 1983
(b) 1984
(c) 1985
(d) 1987

14. Central Administrative Tribunal was established under:

(a) Article 323A
(b) Article 3233
(c) Both (a) and (b)
(d) Administrative Tribunal Act, 1985

15. Which type of matters can be submitted by employee of State before the administrative
Tribunal?
(a) revenue
(b) tax
(c) service
(d) property

16. "Tribunals deal with the service matter only”. Choose the correct option among the following
which is true for the above statement?
(a) It is presided over by the Judge or Magistrate
(b) CPC and rules of evidence must be followed
(c) It is decided based on the rule of law, procedure and rules of evidence
(d) None of the above

17. The term ‘tribunal’ literally means-

(a) Seat of King
(b) Seat of mayor
(c) Seat of justice
(d) Seat of minister

18. Members of administrative tribunal will retire at the age of:

(a) 62 years
(b) 64 years
(c) 65 years
(d) 68 years

19. Chairman of administrative tribunal will retire at the age of:

(a) 62 years
(b) 64 years
(c) 65 years
(d) 68 years

20. Chairman of central administrative tribunal will submit his resignation to:
(a) Governor
(b) Prime Minister
(c) Speaker of Lok Sabha
(d) President
 CHAPTER 9

LOKPAL AND LOKAYUKTAS

The word "Lokpal” is derived from the sanskrit word “loka" meaning people and "pala” meaning
protector or caretaker. Together it means "protector of people”. The aim of passing such a law is
it to eradicate corruption at all levels of the Indian polity. Lokpal the Lokayukta has a long story.
Lokpal and Lokayukta is not an Indian origin concept. The concept of ombudsman originated in
1809 with the official inauguration of the institution of Ombudsman in Sweden. Later in the 20th
century, after the Second World War, the institution of ombudsman developed and grew more
significantly countries like New Zealand and Norway also adopted the system of ombudsman in
the year 1962.
 The Lokpal and "Lokayukta Act, 2013 provided for the establishment of Lokpal for the
Union and Lokayukta for States.

These institutions are statutory bodies without any constitutional status.

 They perform the function of an "ombudsman" and inquire into allegations of corruption
against certain public functionaries and for related matters.

Why do we need such institutions?

 Maladministration is like a termite which slowly erodes the foundation of a nation and
hinders administration from completing its task. Corruption is the root cause of this problem.
 Most of the anti-corruption agencies are hardly independent. Even Supreme Court has been
termed CBI as a “caged parrot” and “its master's voice".
 Many of these agencies are advisory bodies without any effective powers and their advice is
rarely followed.
 There is also the problem of internal transparency and accountability. Moreover, there is not
any separate and effective mechanism to put checks on these agencies.
 In this context, an independent institution of Lokpal has been a landmark move in the history
of Indian polity which offered a solution to the never- ending menace of corruption.

Structure of Lokpal:
 Lokpal is a multi-member body that consists of one chairperson and a maximum of 8
members.
 Chairperson of the Lokpal should be either the former Chief Justice of India or the former
Judge of Supreme Court or an eminent person with impeccable integrity and outstanding
ability, having special knowledge and expertise of minimum 25 years in the matters relating
to anti-corruption policy, public administration, vigilance, finance including insurance and
banking, law and management.
 Out of the maximum eight members, half will be judicial members and minimum 50% of the
Members will be from SC/ ST/ OBC/ Minorities and women.
 The judicial member of the Lokpal either a former Judge of the Supreme Court or a former
Chief Justice of a High Court.
 The non-judicial member should be an eminent person with impeccable integrity and
outstanding ability, having special knowledge and expertise of minimum 25 years in the
matters relating to anti-corruption policy, public administration, vigilance, finance including
insurance and banking, law and management.
 The term of office for Lokpal Chairman and Members is 5 years or till the age of 70 years.
 The members are appointed by the president on the recommendation of a Selection
Committee.
 The selection committee is composed of the Prime Minister who is the Chairperson; Speaker
of Lok Sabha, Leader of Opposition in Lok Sabha, Chief Justice of India or a Judge
nominated by him/ her and One eminent jurist.
 For selecting the chairperson and the members, the selection committee constitutes a search
panel of at least eight persons.

Term and appointment to the office of Lokpal

Lokpal Chairman and the Members can hold the office for a term of 5 years or till they attain
the age of 70 years, whichever is earlier. The members and the chairman of Lokpal are
appointed by the president on the recommendation of a selection committee.

The selection committee consists of:

- The Prime Minister of India;
- The Speaker of Lok Sabha;
- Leader of Single largest party;
- The Chief Justice of India or any Judge nominated by Chief Justice of India;
- One eminent jurist.

The Prime Minister is the Chairperson of the selection committee. The selection of the
chairperson and the members is carried out by a search panel of at least eight persons, constituted
by the selection committee.

Lokpal Jurisdiction and Powers:

- Jurisdiction of Lokpal includes Prime Minister, Ministers, members of Parliament, Groups A,
B, C and 'D officers and officials of Central Government.
- Jurisdiction of the Lokpal included the Prime Minister except on allegations of corruption
relating to international relations, security, the public order, atomic energy and space.
- The Lokpal does not have jurisdiction over Ministers and MPs in the matter of anything said
in Parliament or a vote given there.
- Its jurisdiction also includes any person who is or has been in charge (director/ manager/
secretary) of anybody/ society set up by central act or any other body financed/ controlled by
central government and any other person involved in act of abetting, bribe giving or bribe
taking.
- The Lokpal Act mandates that all public officials should furnish the assets and liabilities of
themselves as well as their respective dependents.
- It has the powers to superintendence over, and to give direction to CBI.

The Lokpal and Lokayuktas (Amendment) Act, 2016: Highlights

 This Bill was passed by Parliament in July 2016 and amended the Lokpal and Lokayukta
Act, 2013.
 It enables the leader of the single largest opposition party in the Lok Sabha to be a member
of the selection committee in the absence of a recognized Leader of Opposition.
 It also amended section 44 of the 2013 Act that deals with the provision of furnishing of
details of assets and liabilities of public servants within 30 days of joining the government
service.
 The Bill replaces the time limit of 30 days, now the public servants will make a declaration
of their assets and liabilities-in the form and manner as prescribed by the government.
 It also gives an extension of the time given to trustees and board members to declare their
assets and those of their spouses in case of these are receiving government funds of more
than Rs. 1 crore or foreign funding of more than Rs. 10 lakh.
 MULTIPLE CHOICE QUESTIONS

1. Institutions established in India for preventing a maladministration and corruption are:

(a) Lokpal, Lok Ayukta and Lok Adalat
(b) Lokpal andlsok Ayukta
(c) Lokpal and Lok Adalat
(d) Lokpal only.

2. Institution of Lokpal is established for:

(a) Prevention of corruption
(b) Prevention of maladministration
(c) Prevention of mal-administration and corruption
(d) Prevention of misuse of financial powers of the Government.

3. Which of the following is not meant for prevention of Maladministration or Corruption?

(a) Lok Adalat
(b) Lokpal
(c) Lokayukta
(d) Ombudsman

4. The Lokpal and Lok Ayuktas Act was enacted in the year-
(a) 2011
(b) 2012
(c) 2013
(d) 2014

5. What is the objective of the Lokpal and Lokayukta Act, 2013?

(a) To investigate the charges of corruption against public and private companies
(b) To substitute the Central Vigilance Commission by the institution of Lokpal
(c) To repeal the Lokayukta and establish Lokpal
(d) To inquire into allegations of corruption against public functionaries.

6. Reading Assertion (A) and Reason (R), select correct answer using codes given below:
Assertion (A): Lokpal is the demand of time.
Reason (R): Lokpal is a time saving institution.
Codes:
(a) Both (A) and (R) are true, and (R) is correct explanation of (A)
(b) Both (A) and (R) are true, but (R) is not correct explanation of (A)
(c) (A) is true, but (R) is false
(d) (A) is false, but (R) is true.
7. Recommendation for the institution of Lokpal in India was made by:
(a) Santhanan Committee
(b) Administrative Reforms Commission
(c) Swaminathan Committee
(d) Kothari Committee.

8. Under whose chairmanship the Administrative Reforms Commission in 1966 recommended

two-tier setup of Lokpal at the centre and a Lokayukta in each State?
(a) Shri K. Kamraj
(b) Shri V.V. Giri
(c) Smt. Indira Gandhi
(d) Shri Morarji Desai.

9. The Administrative Reforms Commission after carefully evaluating the pros and cons
advocated the adoption of the Ombudsman-type institution in India way back in:
(a) 1956
(b) 1976
(c) 1966
(d) 1986.

10. When was the first Bill providing for OMBUDSMAN was introduced in the Parliament?
(a) August 1977
(b) May 1968
(c) August 1971
(d) May 1996.

11. The concept of Ombudsman has originated from which of the following nation?
(a) China
(b) Brazil
(c) Sweden
(d) U.S.A.

12. The idea of Ombudsman was first suggested by who among the following?
(a) Dr. B.R. Ambedkar
(b) Dr. Rajendra Prasad
(c) Justice P.N. Bhagwati
(d) Motilal Chimanlal Setalvad

13. Which of the following statement is correct in relation to the establishment of Lokayukta
under the Lokpal and Lokayukta Act, 2013?
(a) Every State shall establish Lokayukta strictly under this Act within four years from the date
of commencement of the Act.
(b) Every State shall establish Lokayukta by the law of legislature, if not established earlier,
within one year from the date of commencement of the Act.
(c) The states already having Lokayukta shall amend their Acts within one year and other states
shall establish within two years from the date of commencement of the Act.
(d) States need not to establish Lokayukta.

14. In the following cases Lokpal has jurisdiction to conduct inquiry. Answer by using the codes
below:
(a) Member of Parliament
(b) Group ‘C’ and ‘D’ public servants
(c) Employee of the Board or Corporation or Company financed by Central Government.
(d) Any officer of Society or Association or Trust wholly or partly financed by Central
Government.
Codes:
(a) (a) and (d) only
(b) (b) and (d) only
(c) (a), (b) and (c) only
(d) (a), (b), (c) and (d) all.

15. Who among the following are within the jurisdiction in respect of inquiry under section 14 of
the Lokpal and Lokayuktas Act, 2013?
(i) Any Group ‘A’ or Group ‘B’ officers
(ii) Any Group ‘C’ or Group ‘D’ officials
(iii) Any Group ‘E’ or Group ‘F’ employees
(iv) Any Group ‘G’ or Group ‘H’ workers
Choose the correct answer from the code given below:
Codes:
(a) Only (i) is correct
(b) (i) and (ii) are correct
(c) (i), (ii) and (iii) are correct
(d) (i), (ii), (iii) and (iv) are correct.

16. Which of the following declarations relating to assets and liabilities by a public servant are to
be made under the Lokpal and Lokayukta Act, 2013? Answer by using the codes given below:
(i) Assets of which he, his spouse and his dependent children are jointly or severally, owner or
beneficiary.
(ii) Assets of which he, his parents and children are owner or beneficiary.
(iii) His liabilities and that of his spouse and his dependent children.
(iv) His liabilities and that of his spouse, parents and children.
Codes:
(a) (i) and (ii)
(b) (iii) and (iv).
(c) (i) and (iii)
(d) (ii) and (iv).

17. The appointment of Chairperson of Lokpal shall be made by the President after obtaining the
recommendation of a selection committee consisting of-
(a) The Prime Minister; The Speaker of the House of the People and the Chief Justice of India.
(b) The Prime Minister; The Speaker of the House of the People; The leader of opposition in the
House of the people.
(c) The Prime Minister; The Leader of opposition in the House of the People and one eminent
jurist to be nominated by the President.
(d) The Prime Minister; The Speaker of the House of the People, The Leader of Single largest
party in the House of the People, The Chief Justice of India or a Judge of the Supreme Court
nominated by him and one eminent jurist to be nominated by the President.

18. Match List- I with List- II and select the correct answer using the codes given below:
List - I List-II
(Subject) (Provision of the Lokpal and Lokayuktas Act, 2013)
A. The composition of Lokpal i. Section 3(2)
B. Establishment of Lokayukta ii. Section 6
C. Term of office of Chairperson and iii. Section 37
Members of Lokpal
D. Removal of Chairperson and Members iv. Section 63
of Lokpal
Codes:
A B C D
(a) i ii iii iv
(b) i iv ii iii
(c) ii iii i iv
(d) i ii iv iii

19. The term of office for Lokpal chairman and members are-
(a) 5 years or attaining age of 65
(b) 3 years or attaining age of 65
(c) 5 years or attaining age of 70
(d) 3 years or attaining age of 70

20. The removal of any member of the Lokpal requires a petition signed by members of
Parliament.
(a) Atleast 150
(b) Atleast 100
(c) Atleast 125
(d) Atleast 175.

21. According to Section 4(1) of the Lokpal and the Lokayukta Act the chairperson and members
of Lokpal shall be appointed by the..........
(a) President of India
(b) Speaker of the House of People
(c) Prime Minister of India
(d) Chief Justice of India.

22. Lokpal or Lokayukta is competent to-

(a) Discharge the functions of administrative officer
(b) Investigate complaints involving grievances in respect of administrative actions
(c) Conduct inquiry against administrative officer for disciplinary action
(d) Give observations and recommendations in respect of administrative actions to the
government.

23. Which of the following powers is not vested with Lokpal under Chapter VII of the Act,
2013?
(a) Powers of search and seizure
(b) Powers of criminal court in certain cases
(c) Powers of attachment of assets
(d) Power to utilize services of officers of Central or State Government.

24. Which of the following Acts shall be amended as per section 58 of the Lokpal and Lokayukta
Act, 2013? Give correct answer by using the code given below:
(1) Commission of Inquiry Act
(2) Central Vigilance Commission Act
(3) Code of Civil Procedure
(4) Central Bureau of Investigation Act
Codes:
(a) (1) and (2) are correct
(b) (3) and (4) are correct
(c) (1) and (4) are correct
(d) (2) and (3) are correct.

25. Which one of the following States has not yet established the institution of Lokayukta?
(a) Uttar Pradesh
(b) Karnataka
(c) Uttarakhand
(d) Jammu & Kashmir

26. The Chairperson of Lokpal shall be:

(a) Chief Justice of India or Retd. CJI
(b) SC judge or retd. SC judge
(c) Eminent person fulfilling the eligibility
(d) Any one of the above

27. Chairperson of Lokpal shall be appointed by:

(a) Prime Minister
(b) Council of Ministers
(c) President
(d) Vice-President

28. Prosecution wing of Lokpal shall be headed by:

(a) director of prosecution
(b) secretary of prosecution
(c) deputy-director of prosecution
(d) none of the above

29. Special court under Lokpal Act will be constituted by:

(a) State government
(b) Home ministry
(c) Central government
(d) Ministry of law and justice

30. Lokpal shall consist of maximum:

(a) Chairperson and 8 members
(b) Chairperson and 7 members
(c) Chairperson and 5 members
(d) Chairperson and 4 members

31. Prosecution wing of the Lokpal shall be constituted by:

(a) Lokpal
(b) State government
(c) Central government
(d) Ministry of law and justice

32. Lokpal and Lokayuktas Act got the presidential assent on

(a) 2nd January 2014
(b) 1st January 2014
(c) 31st January 2014
(d) 15th January 2014

33. The Lokpal and Lokayuktas Act, 2013 is:

(a) An anti-corruption Act
(b) An anti-government Act
(c) An anti-judiciary Act
(d) An anti-parliament Act

34. The Lokpal and Lokayuktas Act, 2013 is an anti-corruption Act. The Act was a result of the
massive public protest against corruption under the leadership of:
(a) Anna Hazare.
(b) Atal Bihari Vajpayee
(c) Lal Krishna Advani
(d) Narendra Modi

35. The concept of Ombudsman evolved to keep a check on which of the following action?
(a) Government Action
(b) Administrative action
(c) Judicial action
(d) None of the above

36. What is the minimum qualification of a judicial member of Lokpal?

(a) A Member of Parliament
(b) A member of State Legislature
(c) A retired High Court judge
(d) A retired Chief Justice of a High Court

37. Lokpal or Lokayukta is competent to

(a) Discharge the functions of administrative officer.
(b) Investigate complaints involving grievances in respect of administrative actions.
(c) Conduct inquiry against administrative officer for disciplinary action.
(d) Give observations and recommendations in respect of administrative actions to the
government.

38. Who among the following is not a member of selection committee of the lokpal?
(a) Prime Minister of India
(b) Leader of opposition in Lok Sabha (leader of single largest party-2016 Amendment)
(c) Leader of opposition in Rajya Sabha
(d) One eminent jurist
39. A Lokpal must conduct a preliminary enquiry within:
(a) 15 days
(b) 30 days
(c) 60 days
(d) one month

40....................s the current Lokpal Chairperson of India since 23 March 2019.

(a) Pinaki Mishra
(b) Pinaki Chandra Ghose
(c) Dilip Babasaheb Bhosale
(d) Pradip Kumar Mohanty

41. The term Lokpal was coined in 1963, during a parliamentary debate about grievance
mechanisms by-
(a) Laxmi Mall Singhvi
(b) Morarji Desai
(c) Narsimha Rao
(d) M.C. Setalvad

42. Which of the following state is the first state to establish the institution of Lokayuktas in
India?
(a) Bihar
(b) Uttar Pradesh
(c) Uttrakhand
(d) Himachal Pradesh

43. ‘Ombudsman’ is said to be an officer of..................

(a) Parliament
(b) Court
(c) Tribunal
(d) CBI