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Administrative Law MCQ -

L.L.B (Dr. B.R. Ambedkar University)

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Nature, Scope and Development of Administrative Law 1

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) President

(b) Parliament

(c) Legislatures

(d) Administrative authorities.

Answer (d)

2. Administrative law is the branch of

(a) Natural law

(b) Statutory law

(c) Customary law

(d) Public law.

Answer (d)

3. Administrative Law is a

(a) Procedural law

(b) Substantive law

(c) Evolved through practices and Judicial decisions

(d) Statutory law.

Answer (c)

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.

Answer (d)

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Nature, Scope and Development of Administrative Law 2

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.

Answer (c)

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) Garner.

Answer (a)

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.

Answer (c)

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) KC. Davis

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Nature, Scope and Development of Administrative Law 3

(d) Griffith and Street.

Answer (c)

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) KC. Davis

(b) Jennings

(c) Dicey

(d) Wade.

Answer (d)

10. "Administrative law is a study of pathology of power in a developing society. Accountability of the
holders of public A power for the ruled is the focal point of this formulation." Who among the following
jurists has given this definition?

(a) Dicey

(b) Davis

(c) Sir William Ivor Jennings

(d) Prof. Upendra Baxi.

Answer (d)

*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.

Answer (d)

12. Which one of the following is a basic source of administrative Law -

(a) customs

(b) judicial decisions

(c) legislation

(d) equity.

Answer (b)

13. Which one of the following is not basic source of administrative law?

(a) Custom

(b) Delegated legislation

(c) Ordinance promulgated by Governor

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Nature, Scope and Development of Administrative Law 4

(d) Reports of the committees and commission.

Answer (a)

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

(a) Judicial Decision

(b) Ordinance

(c) Statute

(d) Law reporter.

Answer (d)

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.

Answer (d)

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. Jain

(d) None of the above.

Answer (d)

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 t} organization and functions of the
government at rest

(d) Both constitutional and administrative laws are public law$

Answer (d)(e

IS. Administrative law as a separate branch of legal discipli especially in India, came to be recognised in the
middle of: (a) 17th century

(b) 18th century

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Nature, Scope and Development of Administrative Law 5

(c) 19th century

(d) 20th century.

Answer (d)

19. Find correct answer:

(a) Administrative law is a branch of public law and is only part of Constitutional law. It cannot control
the Constitution 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 private law, but a part of Constitutional
law.

Answer (a)

20. Read Assertion (A) and Reason (R) and give correct answer using code below:

Assertion (A): Administrative law is a branch of public law contradiction to private law.

Reason (R): Administrative law primarily deals with relationship of individuals inter se.

Code:

(a) Both (A) and (R) are correct and (R) is the correct explanati of (A)

(b) Both (A) and (R) are correct but (R) is not the corre explanation of (A)

(c) (A) is correct (R) is incorrect

(d) (A) is incorrect (R) is correct.

Answer (c)

21. Read Assertion (A) and Reason (R) and answer by using th 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

(c) (A) is true, but (R) is false.

(d) (A) is false, but (R) is true.

Answer (d)

22. Read Assertion (A) and Reason (R) and give correct answer using codes given below.

Assertion (A): Administrative law is branch of public law.

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Nature, Scope and Development of Administrative Law 6

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.

Answer (b)

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
reculator 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.

Answer (c)

24. The Red light and the Green light theories of administrati law were developed by:

(a) Jain and Jain

(b) Griffith and Street (c) Harlow and Rowlings (d) Ivor Jennincs.

Answer (c)

25. The constitutionality of administrative rule-making in Indi can be studied in different periods— (a)
three

(b) six

(c) two

(d) four

Answer (c)

26. Who has defined administrative law in the following word 'Administrative law relates to that portion
of a nations leg system which determines the legal status and liabilities all state officials, defines the rights

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Nature, Scope and Development of Administrative Law 7

and liabilities of priva individuals in their dealings with officials and specifies t procedure by which those
rights and liabilities are enforced" (a) Dicey

(b) KC Davis

(c) Ivor Jennings

(d) Bernard Schwartz

Answer. (a) Dicey

27. Who has defined administrative law in the following word

"Administrative law is the law relating to the administration It determines the organizational powers and
duties administrative authorities" (a) Dicey

(b) K.C. Davis

(c) Ivor Jennings

(d) Bernard Schwartz

Answer: (c) Ivor Jennings

Nature, Scope and Development of Administrative Law 11

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

Answer: (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

Answer: (b) IP Massey

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

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Nature, Scope and Development of Administrative Law 8

(d) None of the above

Answer: (c) to control the power vested in the government

31. Green Light Theory promotes:

(a) Collectivism

(b) Groupism

(c) Federalism

(d) None of the above

Answer: (a) Collectivism

32. Administrative law is the law that governs:

(a) Administrative actions

(b) Judicial actions

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(c) Quasi-judicial actions

(d) All of the above

52. Answer (a)

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

Answer (d)

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

Answer (a)

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.

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Nature, Scope and Development of Administrative Law 9

(c) Administrative law is not subordinate to constitutional law (d) Administrative authorities should
follow the Constitution while acting.

Answer (c)

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 Answer (d)

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).

Answer (c)

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.

Answer (d)

4. 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.

Answer (a)

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

(a) A.V. Dicey

(b) Montesquieu (c) Thomas Aquinas (d) Edward Coke.

Answer (d)

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Nature, Scope and Development of Administrative Law 10

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.

Answer (a)

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

(a) Indira Gandhi v. Raj Narain (b) ADM Jabalpur v. S.K. Shukla

(c) S.P. Gupta v. Union of India

(d) Jaisinghani v. Llnion of India.

Answer (c)

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)

Answer (a)

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

Answer (c)

10. The term 'Rule of Law' is derived from the French phrase 'la principle de legality', which means — (a)
Principle of Equality

(b) Principle of Individuality

(c) Principle of Separation

(d) Principle of Legality

Answer (d)

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Nature, Scope and Development of Administrative Law 11

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) AV. Dicey

(b) Sir Ivor Jennings

(c) S.A. de Smith

(d) Wade and Phillips

Answer (a)

12. Rule of law is derived from: French phrase

(b) german phrase (c) common law phrase

(d) latin phrase

Answer (a) French 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

Answer (a) government based on principle of law and not of men

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 - answer (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 answer (a) French 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 answer -(b) seven

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

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Nature, Scope and Development of Administrative Law 12

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

Answer (a) K.C. Davis

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

(a) K.C. Davis

(b) A.V. Dicey

(c) Edward Coke

(d) William Wade

Answer (b) AV Dicey

19. In which of the following case SC observed that ' we ha) adopted under our constitution not the
continental system b 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. uol

Answer (a) State of MP v. Bharat Singh

20. "Rule of law is antithesis of arbitrariness in all civiliz societies" was observed by: (a) Justice Bhagwati

(b) Justice Kuldeep Singh

(c) Justice HR Khanna

(d) Justice Chandrachud

Answer (c) Justice HR Khanna

21. "Rule of law permeates through the entire fabric of the Indi Constitution and indeed forms one of its
basic features" w observed by:

(a) Justice Bhagwati

(b) Justice Dalveer Bhandevar

(c) Justice Nagendra Singh (d) Justice Chandrachud

Answer (a) Justice Bhagwati

22. "The constitution is the rule of law. There cannot be any ru of law other than the constitutional rule
of law" was observe in the case of:

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Nature, Scope and Development of Administrative Law 13

(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

Answer (b) ADM Jabalpur v. Shivkant Shukla

Rule of Law and Administrative Law 21

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. 1101

Answer (a) DC Wadhuzz v. State of Bihar

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) AK. Kraipak v. LIOI

Answer (a) Soma Raj v. State of Haryana

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. LIOI

Answer (b) Re Arundhati Roy

26. The term of 'rule of law' was coined by:

(a) Saurgny

(b) Dice (c) Austin

(d) Coke

Answer: (d) Coke

27. Administrative law primarily does not concern itself with which of the following official functions?

(a) Rule making

(b) Rule application

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Nature, Scope and Development of Administrative Law 14

(c) Quasi judicial action

(d) Private law

Answer (d)

22 and

28. Latin maxim "Ces-sante 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.

Answer (b)

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.

Answer (b)

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

28

(c) Dicey (d) Salmond.

Answer (d)

3. There are bulk of laws which govern people and which come not from the legislatuie 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.

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Nature, Scope and Development of Administrative Law 15

Answer (c)

4. Rules made by virtue of statutory power are:

(a) Delegated legislation

(b) Administrative orders (c) Quasi-judicial principles

(d) Precedent.

Answer (a)

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.

Answer (d)

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)

29 (c) (iv), (iii), (ii) (d) (i), (ii), (iv).

Answer (d)

7. Delegated legislation in India can be decided for postConstitution period. This was held by

(a) Queen v. Burah

(b) Re: Delhi Laws Act, 1912, AIR 1951 SC 332 (c) J.N. Gupta v. Province of Bihar (d) Both (a) and (c).

Answer (b)

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

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Nature, Scope and Development of Administrative Law 16

(c) Both (a) and (b)

(d) Neither (a) nor (b).

Answer (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).

Answer (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.

Answer (d)

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

30

(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.

Answer (b)

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

(a) Power to legislate

Power to bring an act into operation

(c) Power to fill in details

(d) Power to remove difficulties.

Answer (a)

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.

Answer (a)

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Nature, Scope and Development of Administrative Law 17

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

(a) Henery V clause

(b) Henery VI clause

(c) Henery clause

(d) Henery 17111 clause.

Answer (d)

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.

Answer (d)

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

Answer (b)

17. The Re Delhi Laws Act case was decided by the majority of:

Answer (c)

18. The basic concept of Delegated Legislation denotes delegation of power (a) Voting

(b) Rule-making

(c) Administrative

(d) Judicial

Answer (b)

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

Answer (d)

20. Supreme legislation means:

(a) legislation enacted by the parliament

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Nature, Scope and Development of Administrative Law 18

(b) legislation enacted by state legislature

(c) legislation made by any other body except parliament and state legislature

(d) Both (a) and (b)

Answer (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

Answer: (d) All of the above

32

22. "Henry VIII clause" is related to:

(a) Principle of Natural Justice

(b) Administrative Discretion

(c) Rule of Law

(d) Delegated Legislation

Answer: (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

Answer: (a) Delegatee cannot further delegate

24. Delegated Legislation can be classified into:

(a) Subordinate Legislation

(b) Conditional Legislation

(c) Both (a) and (b)

(d) None of the above

Answer: (c) Both (a) and (b)

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?

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Nature, Scope and Development of Administrative Law 19

(a) Hart

(b) Austin

(c) K.C. Davis

(d) Ivor Sennings

Answer: (a) Hart

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

Answer: (a) Conditional Legislation

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

(a) Conditional Legislation (b) Subordinate Legislation

(c) Delegated Legislation

(d) None of the above

Answer: (a) Conditional Legislation

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

(a) USA

(b) India

(c) UK

(d) None of the above

Answer: (a) USA

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. Burrcth

(c) Dwarka Prasad v. State of Madhya Pradesh

(d) None of the above

Answer: (a) Re Delhi Laws Act Case

30. Which of the following judge gave minority opinion in Re Delhi

Laws Act case:

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Nature, Scope and Development of Administrative Law 20

(a) J. Kania (b) J. Mahajan

(c) J. Bose

(d) J. Faizal Ali

Answer: (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

Answer: (b) Queen v. Burrah (Given by Privy Council)

34

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

Answer: (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 swer: (b) Excessive Delegation

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

Answer. (b) Control of delegated legislation

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

(a) Publication

(b) Draft Rules

(c) Judicial control

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Nature, Scope and Development of Administrative Law 21

(d) Laying

Answer. (a) Publication

36. Ignorantia juris non excusat rule applies to:

(a) Published Laws

(b) Draft Rules

(c) Judicial Decisions

(d) Laying

Answer. (a) Published Laws

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

Answer: (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

Answer: (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

Answer: (d) All of the above

40. Delegated legislation is subject to the following control:

(a) parliamentary

(b) judicial

(c) both

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Nature, Scope and Development of Administrative Law 22

(d) none

Answer: (c) both

41. 'Abdication test' was given by:

(a) J Kania

(b) J Matthew

(c) J Coke

(d) J lyer

Answer (b)

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

(b) 1929

36 and

(c) 1927

(d) 1924

Answer (b)

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

Answer (d)

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

Answer (b)

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

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Nature, Scope and Development of Administrative Law 23

Answer (c)

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

(b)

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

Answer (a)

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

Answer: (c) Delegated Legislation

49. Concept of Delegated Legislation increased in which century:

(a) 18th Century

(b) 19th Century

(c) 20th Century

(d) 17th Century

Answer: (b) 19th Century

50. How many types of laying are recognized under Indian Administrative Law?

(a) Five

(b) Four

(c) Two

(d) Three

Answer: (d)

55. Conditional legislation under the administrative law is

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Nature, Scope and Development of Administrative Law 24

(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)

(b)

38 lultv

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:

:wer (d)

The term Delegated Legislation may be used in — (a) four senses (b) three senses

(c) single sense

(d) two senses

Answer (d)

54. The Privy Council applied the doctrine of conditional legislation in the matter of —

(a) Jatindranath Gupta v. Provillce 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) Answer (c)

56. 'Postnatal Publicity' is one of the fourth stage of control of administrative rule-making (a) Judicial

(b) Parliamentary

(c) Procedural

(d) None of these

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Nature, Scope and Development of Administrative Law 25

(c)

39

57. Classification or forms of delegated legislation includes:

(a) Title based classification

(b) Discretion based classification

(c) Purpose based classification

(d) All of the above

Answer: (d) All of the above

58. In Re Delhi Laws Act case, Hon'ble Supreme Court held that cannot be delegated.

(a) Analliary Legislative function

(b) Implied Legislative function (c) Expressed Legislative function

(d) Essential Legislative function

Answer: (d) Essential Legislative function

59. Doctrine of excessive delegation includes:

(a) Skeleton Legislation

(b) Power of inclusion and exclusion

(c) Abdication test

(d) All of the above

Answer: (d) All of the above

60. 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

Answer (b)

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

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Nature, Scope and Development of Administrative Law 26

(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 goverrunent (d) None
of the above.

Answer (a)

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.

Answer (c)

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 Jawaya Kapur v. State of Punjab

(c) Maneka Gandhi v. Union of India

(d) Keshavananda Bharati v. State of Kerala.

Answer (b)

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.

Answer (a)

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-Ill of the Constitution is enforceable in the court of law Choose the appropriate one:

(a) (i) (iv) (ii)

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Nature, Scope and Development of Administrative Law 27

(b) (i) (iii)

(c) (i) (ii) (iv)

(d) (i) (iii) (iv)

Answer (d)

6. Doctrine of Separation of Powers was systematically formulated by

(a) Plato

(b) Montesquieu

(c) Dicey

(d) Aristotle.

Answer (b)

7. Administrative law administered by the Administrative Courts in France is called: (a) Jus Civile

(b) Droit Administratif (c) Jus Gentium (d) Jus Tertii.

Answer (b)

S. 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.

Answer (d)

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.

Answer (a)

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

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Nature, Scope and Development of Administrative Law 28

(b) Wade and Phillips

(c) Montesquieu

(d) Davis.

Answer (d)

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
bodiesexecutive 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 lyer

Answer (c)

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

(d) Donoghmore Committee

Answer (c)

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

Answer (c)

14. In which of the following country doctrine of separation of powers is not followed?

(a) U.S.A.

(b) India

(c) Britain

(d) France

Answer (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

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Nature, Scope and Development of Administrative Law 29

(c) Article 42

(d) Article 51

Answer (b)

16. Origin of the concept of Droit administratif is embedded in— (a) U.S.A

• (c) Germany

(d) France

Answer (d)

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) Ari 50

(b) Art. 14

(c) 124

(d) Art. 58

Answer (a)

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 Shanknr Bagla v. State of M.P.

(c) Indira Nehru Gandhi v. Raj Narain

(d) Ram Jawaya v. State of Punjab

Answer (d)

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 I<ahmir

(b) Indira Nehru Gandhi v. Raj Narain

(c) Mansukhlal Vithiladas Chauhan v. State of Gujarat

(d) Anil Kumar v. Union of India

Answer: (a) Asif Hameed v. State of Jammu and Kashmir

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

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(c) Mansukhlal Vithiladas Chauhan v. State of Gujarat

(d) Anil Kumar Jha v. Union of India

Answer: (b)

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

Answer: (b) Parliamentary form of government

22. Governing powers of a state are vested in:

(a) CM

(b) CJI

(c) Governor

(d) None of the above

Answer: (c) Governor

23. Who among the following was the first modern writer to demand separation of power?

(a) Aristotle

(b) Jean Bodin

(c) Austin

(d) Socrates

Answer: (b) Jean Bodin

Latv

50

24. Aristotle has mentioned which of the following as branches of the government: (a) deliberative

(b) magisterial

(c) judicial

(d) All of the above

Answer. (d) All of the above

25. Who among the following had given systematic and scientific formulation to the separation of
power:

(a) Locke

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Nature, Scope and Development of Administrative Law 31

(b) Aristotle

(c) Montesquieu

(d) Jean Boclin

Answer. (c) Montesquieu

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

(a) Austin

(b) Bentham

(c) John Locke

(d) Wade and Phillips

Answer. (c) John Locke

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

Answer: (a) Rai Sahib Ralli Jawaja v. State of Punjab

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 no t 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

Separation of Powers 51

(b) CJ Ray

(d) CJ Hidayatullah

Answer: (b) CJ Mukherjee

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

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Answer: (b) Justice Beg

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

Answer: (c) Justice Kuldeep Singh

31. Des Pouvours means:

(a) Separation of Power

(b) Arbitrariness of power

(c) Malafide exercise of power

(d) Abuse of power

Answer: (a) Separation of Power

32. John Locke has divided government into which branches:

(a) legislative

(b) executive

(c) federative

(d) All of the above

Answer: (d) All of the above

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

(a) Austin

(b) Bentham

52

(c) Montesquieu

(d) Pound

Answer: (c)

34. Montesquieu has divided the state into which of the following branches: (a) Executive

(b) Legislative

(c) Judicial

(d) All of the above

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Answer: (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

Answer. (a) USA

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 Jawaja v. State of Punjab

(b) Re Delhi Law Act

(c) Indira Nehru Gandhi v. Raj Mareum

(d) Hafiz Hameed v. State of Jammu and Kashtnir

Answer: (b) Re Delhi Law Act

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 wronc

(a) Only (i) is correct

(b) (i) and (ii) are correct (c) (i) and (iii) are correct (d) All are correct.

Answer (c)

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.

Answer (a)

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

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(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.

Answer (d)

59

4. When an administrative authority frames rules and regulations, this function is:

(a) a judicial function

(b) a quasi-judicial function

(c) an administrative function

(d) a quasi-legislative function.

Answer (d)

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.

Answer (a)

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.

Answer (b)

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.

Answer (c)

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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 can not 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

(c) (A) is right but (R) is wrong (d) Both (A) and (R) are wrong.

Answer (a)

9. In which of the following grounds the judicial review of an administrative action be made?

(i) Abuse of power

(ii) Maia fide or Bad faith (iii) Irelevant consideration

(iv) Unreasonableness

(a) G-dy (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.

Answer (d)

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:

(a) Ordy i is correct

(b) Only i and ii are correct

(c) Only i, ii and iii are correct

(d) All of above are correct.

(b)

11. Which of the following is a ground for judicially attacking the exercise of administrative discretion?
Answer by using code below:

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59. (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.

60. Answer (d)

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.

61. Answer (d)

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.

Answer (d)

14. Abuse of discretion can be inferred from the following circumstances. Find out the answer from the
codes given below:

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i. Non-application of mind.

ii. Colourable exercise of power.

iii. Non-observance of audi alterallt 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.

Answer (d)

15. Which one of the followinc 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.

Answer (b)

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.

(d)

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.

62. Answer (b)

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Nature, Scope and Development of Administrative Law 38

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.

63. Answer (c)

19. Which of the followinc 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.

Answer (d)

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) Llnion 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 Answer (b)

Administrative,

21. Match List-I with List-Il and select the correct answer using the codes given below:

List-I List-Il

(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

1 2 4 3

(c) 3 3 2 1 4 1 2

Answer (a)

22. Match the List-I with List-Il and select the correct answer using the codes given below:

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Nature, Scope and Development of Administrative Law 39

List-I List-Il

(A) Hari Krishna Bhargav v. (i) Delegation of essential

Union of India legislative function

(B) Godfrey Philips India Ltd. (ii) Principles of Interpretation to

v. State of u.p. avoid over lapping

(C) K.C. Gajapati Narayan Deo (iii) Power of Parliament to levy

v. State of Orissa taxes on income other than Agricultural Income

(D) In re: The Delhi Laws Act 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). (iv) Colourable Legislation

Answer (a)

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. K.G. Madhavan Pillai

(c) Mahavir Singh v. State of Rajasthan

(d) SAHELI, A Women Resource Centre v. Commissioner of Police. (b)

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.

64. Answer (b)

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.

65. Answer (d)

26. Judicial review of an administrative action means

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Nature, Scope and Development of Administrative Law 40

(a) Review by the Parliament

(b) Review by the Government

(c) Review by the Legislative Assembly (d) Review by the Judiciary. Answer (d)

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.

Answer (c)

Adntinistrative,

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.

Answer (c)

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.

Codes:

(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.

Answer (a)

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'.

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Nature, Scope and Development of Administrative Law 41

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.

(a)

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.

66. Answer (a)

32. The "Wednesbury principle" is related to:

(a) Administrative Law

(b) Service Law

(c) Labour Law

(d) Banking Law.

67. Answer (a)

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 unreasonable.

68. Answer (c)

34. Which of the following is a case related to judicial review of discretionary power?

Adyninistrative,

(a) Ashby v. White

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Nature, Scope and Development of Administrative Law 42

(b) Associated Provincial Picture House Ltd. v. Wednesbury Corporation (c) Ridge v. Baldwin

(d) A.G. of Hong Kong v. Reid.

Answer (b)

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. Parasurmnan v. State of Tmnil Nadu, AIR 1990 SC 40.

Answer (a)

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.

Answer (d)

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.

Answer (a)

38. Doctrine of proportionality is:

(a) Colourable exercise of discretion

(b) Part of judicial review

69

(c) Is out dated doctrine (d) None of the above.

(b)

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Nature, Scope and Development of Administrative Law 43

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.

69. Answer (c)

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.

70. Answer (d)

41. Match the items of List I (name of case) with the items of List Il (ground of judicial review) and choose the
correct answer from the code given below.

List 1 List 11

(Name of case) (Ground of judicial review)

Union of India v. Hindustan Development Corporation (i) Extraneous consideration

(B) Institute of Law, Chandigarh v. Neeraj Sharma (ii) Legitimate expectations

(C) Council of Civil Services Union

v. Minister for The Civil Service (iii) Public accountability

(D) Centre for PIL v. Union of India (iv) Proportionality

Codes:

(a)

(b)

Administrative,

71. Answer (d)

42. Read the Assertion (A) and Reason (R) and answer by using the codes given below:

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Nature, Scope and Development of Administrative Law 44

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)

72. (c) (A) is true but (R) is false

(d) (A) is false but (R) is true

Answer (a)

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

Answer (d)

44. A statute confers discretionary powers on an official for his use, by denoting expressions like:

(a) Reasonable

(b) Appropriate

71

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

Answer (d)

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Nature, Scope and Development of Administrative Law 45

45. The expression 'ultra-vires' literally means- (a) Excessive delegation

(b) Beyond powers

(c) Violation of fundamental rights

(d) Inconsistent

Answer (b)

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

Answer (d)

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

Answer (d)

Adlllinistrative,

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

Answer (b)

49. Which of the following case is not related to administrative discretion vis-å-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) Sheo Nandan Paswan v. State of Bihar

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Nature, Scope and Development of Administrative Law 46

(d) Ram Jawaya Kapur v. State of Punjab

Answer (d)

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

Answer (a)

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)

Answer (d) Both (a) and (b)

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

(a) Promissory EstoppeJ

Malafide

73

Proportionality

(d) Ignoring relevant consideration

Answer (b)

53. Malafide means:

(a) In good faith

(b) want of good faith

(c) Honest intention

(d) Fairness

Answer (b) want of good faith

54. Malice can be with regard to:

(a) Malice in fact

(b) Malice in law (c) Malice in person

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Nature, Scope and Development of Administrative Law 47

(d) Both (a) and (b)

Answer (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

Answer (b) Malice in law

56. Express Newspaper (P) Ltd. v. 1101 is a leading case on:

(a) Subjective satisfaction

(b) Doctrine of promissory estoppel

(c) Colourable exercise of power

(d) Malafide

Answer (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

Answer (a) person making the allegations and the burden is heavy

Administrative,

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

(a) Malafide

(b) Fettering of discretion

(c) Proportionality

(d) Irrelevant consideration

Answer (a) Malafide

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

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Nature, Scope and Development of Administrative Law 48

Answer (a) Irrelevant consideration

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

Answer (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

Answer (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

Answer (b) colourabJe exercise of discretion

63. Dwarka Prasad Laxmi Narain v. State of u.p. is a leading case on:

(a) unreasonableness proportionality

promissory estoppel

(d) malafide/ill-will

Answer (a) unreasonableness

64. Ranjit Singh v. 1101 is a leading case on:

(a) unreasonableness

(b) proportionality

(c) leaving out relevant consideration.

(d) malafide/ill-will

Answer (c) leaving out relevant consideration

65. If the power is exercised by the administrative authority unreasonably, then action would be:

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Nature, Scope and Development of Administrative Law 49

(a) ultra vires

(b) intra vires

(c) depends upon facts and circumstances

(d) Both (a) and (b)

Answer (a) ultra vires

66. Arbitrariness results in:

(a) equality

(b) fairness

(c) discrimination

(d) impartiality

Answer (c) discrimination

67. Principle of reasonableness is a doctrine of:

(a) Penal law

(b) Procedural law

(c) Substantive law

(d) Administrative law

Answer (d) Administrative law

68. Doctrine of Promissory Estoppel is a principle of:

(a) Equitable law

(b) Penal law

(c) Procedural Law

Administrative Law

(a) Equitable law

69. Non application of mind includes:

(a) Acting under dictation

(b) Fettering discretion

(c) None of the above

(d) Both (a) and (b)

Answer (d) Both (a) and (b)

70. Ranta Sugar Industries Ltd. v. State of Andhra Pradesh is a leading case on: (a) proportionality

(b) subjective satisfaction

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Nature, Scope and Development of Administrative Law 50

(c) fettering discretion

(d) malafide

Answer (c) fettering discretion

71. Nandlal Khodidas Barut 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

Answer (c) acting mechanically and without due care

72. Match the following:

(a) Ranjit Singh v. 1101 (a) Irrelevant consideration

(b) J.R. Raghupathy v. State of ASP. (b) Ignoring relevant consideration

(c) G. Sadanandan v. State of Kerala (c) Arbitrariness

(d) Dwarka Prasad Laxmi Narain (d) Malafide

v. State of AP

(a) (b) (c)

(a) (d)

(b) (c)

(a) (c)

(a) (b) Answer (A) (b) (a) (d) (c)

73. Match the following: (d)

(d)

(d)

(d)

(a) Wednusbury Doctrine (a) Rama Sugar Industries

State of AP.

Proportionality (b) 0m Kumar & Ors. v. LIOI

Promissory Estoppel

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Nature, Scope and Development of Administrative Law 51

(d) Fettering Discretion

(a) (b)

(a) (b) (a)

(b) (a) (b)

(c) (b) (a)

(d) (c) (b)

(c)

(d)

(c)

(c)

(d)

(c) Associated Provincial Picture House Ltd. v. Wednesbury Corporation

(d) Gujrat State Financial Corporation v.

Lotus Hotels

(d)

(c)

(d)

(d)

(a)

Answer (d)

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

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Nature, Scope and Development of Administrative Law 52

Answer (b) Both are correct and R is the correct explanation of A

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

Answer (a) Both are correct but R is not the correct explanation of A

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
ultravires

(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 Both are false

(a)

77. Match the following:

(a) Express Newspaper Pvt. Ltd. v. 1101 (a) Acting mechanically with due care

(b) State of Bontbay v. K.P. Krishnan (b) Malafide

(c) Coimbatore District Central Coop.

Bank v. Cohnbatore Dis Central Coop.

Bank Employee's Association (c) Proportionality

(d) Nandlal Khodidas v. Bar Council of

Gujrat and others

(a) (b) (c) (d)

(c) (a) (d)

(d) (c) (a)

(b) (c) (d)

(b) (a) (d) (d) Irrelevant consideration

Answer (B) (b) (d) (c) (a)

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Nature, Scope and Development of Administrative Law 53

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

Answer (b)

79. Wednesbury's doctrine was evolved by:

(a) Lord Greene

(b) Lord Coke

(c) Lord Diplock

(d) Lord Atkin

Answer (a) Lord Greene

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. 1101

Answer (a) Associated provincial pictures houses ltd v. Wednesbury Corporation

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

Answer (b) Council of Civil Service Union v. Minister of the Civil Service

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

Answer (a) an outrageous defiance of all logical moral standard

83. 0m Kumar & Ors. v. 1101 is a leading case on:

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Nature, Scope and Development of Administrative Law 54

(a) proportionality

(b) irrelevant consideration

(c) personal bias

(d) leaving out relevant consideration

Answer (a) proportionality

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

Answer (c) 108th Law Commission Report

85. Promissory estoppel applies against:

(a) Private individual

(b) Government

(c) Both (a) and (b)

(d) None of the above

(b) Government

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 estoppel

Answer (d) Doctrine of promissory estoppel

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

Answer (d) All of the above SS. Malafide is a:

(a) Roman expression

(b) Common law expression

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(c) Latin Expression

(d) Expression of equity

Answer (c) Latin Expression

89. Discretion must be exercised with regard to:

(a) Relevant consideration

(b) Irrelevant consideration

(c) Extraneous consideration

(d) None of the above

Answer (a) Relevant consideration

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

Answer (a) Both are correct but R is not the correct explanation of A

Administrative Discretion

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 ultravires (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

Answer (b) Both are correct and R is the correct explanation of A

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

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Nature, Scope and Development of Administrative Law 56

73. Answer (d)

• 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.

Answer (c)

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.

Answer (b)

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. Answer (a)

4. Natural justice represents higher procedural principles developed by which every administrative
agency rightsmust follow when taking any action adversely affecting the of private individuals. (a) Statute

(b) Dharmashastra

(c) Judges

(d) Smritis.

Answer (c)

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Nature, Scope and Development of Administrative Law 57

5. Who called Natural Justice as Universal Justice:

(a) Prof. Wade

(b) Ivor Jenning (c) Lord Cranworthy (d) Lord Widgery.

Answer (c)

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

Code:

(a) Both (A) and (R) are correct

(h) (A) is correct, but (R) is incorrect (c) (R) is correct, but (A) is incorrect (d) Both (A) and (R) are incorrect.

Answer (d)

7. "Natural justice is universal fact of secular li e which has given a new life to legislature administration
and jud rial 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 lyer (c) Justice Hans Raj Khanna (d) Justice A.N. Ray.

Answer (b)

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).

Answer (a)

89

9. The principles of natural justice includes

(a) Rule against bias

(b) Audi-alteram partem (c) Delegated legislation (d) Both (a) and (b).

Answer (d)

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

(a) Audi alteram partem

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(b) Pacta sunt servanda

(c) Justice, equity and good conscience (d) Judges to be above suspicion.

Answer (b)

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.

Answer (c)

12. Doctrine "Nemo in propria causa 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.

Answer (c)

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.

Answer (a)

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

(c) (A) is frue and (R) is false

(d) (A) is false and (R) is true.

Answer (a)

15. Which of the following is a principle of 'Natural Justice'— (a) 11bi jus ibi remedium

(b) Nemo judex in causa sua

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(c) Injuria sine damno

(d) None of the above.

Answer (b)

16. PRINCIPLE: One of the principles of natural justice is Nemo judex in causa sun, 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 cardidate 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 jusåce

(d) Non-partidpation of 'X' in the board deliberations will render his selection valid.

Answer (a)

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. Llnion of India (c) Hamdard Dawakhana v. Union of India (d) All of the above.

Answer (b)

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.

Answer (c)

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.

Answer (c)

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20. In which case was it 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. Answer (c)

92

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 Nehlll Gandhi v. Raj Narain. Answer (c)

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 basit 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.

Answer (c)

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) AK Kraipak v. Union of India.

Answer (d)

24. AK. Kraipak case is related to

(a) Rule against bias (b) Delegated legislation

(c) Abuse of discretion

(d) States contractual liability.

Answer (a)

25. A.K. Kraipak v. Union of India, AIR 1970 SC 150, is a case related to:

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Nature, Scope and Development of Administrative Law 61

(a) Post decisional hearing

(b) Nemo judex in causa sua

(c) Audi altermn partem (d) All of the above.

Answer (b)

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.

Answer (c)

27. The rule against bias can be discussed under the following heads:

(I) Pecuniary bias

(Il) Personal bias

(Ill) 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.

Answer (c)

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 Déplock

(d) Lord Halsbury.

Answer (a)

29. Match List-I with List-Il and indicate the correct answer using

the codes given below:

List-I List-Il

(A) A.K. Kraipak v. Union of India(i) Post-decisional hearing

(B) Manak Lal v. Dr. Prent Chand (ii) Personal bias

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(C) Maneka Gandhi v Union of India (iii) Pecuniary bias

(D) Olga Tellis v. Bombay Municipal

Corporation (iv) Reasonable opportunity of hearing

94

Codes:

(a) (i) (ii) (iii) (iv)

(b) (i) (iii) (iv) (ii)

(c) (ii) (iii) (i) (iv)

(d) (iii) (ii) (iv)

Answer (c)

30. The test for determining bias is known as

(a) civil liability test

(In) criminal liability test

(c) reasonable likelihood test

(d) collective responsibility test.

Answer (c)

31. Match List-I with List-Il and select the correct answer using the codes given below:

List-I List-Il

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 G. Nageswara Rao v. A.P.S.R.T.C.

Codes:

A B

(a) i ii

(b) 11.1 i iv ii

(c) iii iv i

i ii iii.

Answer (b)

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

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List-I List-Il

(A) A.K. Kraipak v. Union of India. (i) Rule of Pecuniary bias.

(B) Gullapalli Nageswar Rao v. (ii) Rule of official bias.

A.P.S.R.T.

(C) State of Orissa v. Binapani Devi. (iii) Rule of Personal bias. (D) Mahapatra & Co. v. State of (iv) Rule of
hearing. Orissa. Codes:

(a) (b)

(a) (i) (ii) (iii) (iv)

(b) (iii) (ii) (iv) (i)

(c) (iii) (i) (ii) (iv)

(d) (iv) (ii) (iii).

76. Answer (b)

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.

Answer (b)

34. Match List-I with List-Il in the light of cases decided by the Supreme Court:

List-I List-Il

(Case Law) (Principles)

Canara Bank v. V.K. (i) Duty to act fairly

Awasthy (2005) administrative functions as well

(B) Gullapalli Nageswara Rao

v. A.P. State Road Transport Corporation, 1959 (ii) Post decisional hearino

Swadeshi Cotton Mills v.

Union of India (1981) (iii) Exclusion of rule of hearing

(D) A.K. Kraipak v. Union of (iv) One who decides must hear

India (1970) Codes:

(D)

(a) (ii) (iii) (iv)

(b) (iv) (iii) (ii)

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(c) (ii) (iv) (iii)

(d) (iii) (iv) (ii)

(c)

96

35. Principle "Audi Alternt Partem" means— (a) Hear the other party

Judgement cannot be given against any person without hearing

(c) No one should be a judge in his own case (d) Rule of fair hearing.

Answer (a)

36. The rule of 'Audi alteralltpartelli' requires reasonable opportunity of hearing. Hearing may be (a) only
in writing

(b) only orally

(c) written or oral

(d) written and oral both.

Answer (c)

37. 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.

Answer (b)

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.

Answer (d)

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 off the matter by a speaking order.

(c)

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

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(c) Rule of evidence

(d) Right of hearing.

77. Answer (d)

41. Which of the following is not an essential aspect of fair hearing? (a) Proper notice

(b) Opportunity to adduce evidence (c) Opportunity to rebutt evidence (d) Right to engage lawyer.

78. Answer (d)

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.

Answer (d)

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.

Answer (d)

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.

(d)

Adrtinistratiee, lune

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

(a) Fair hearitug (b) Proper consultation (c) Rule against bias

(d) Reasoned decision.

Answer (ö

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) SS. Mtzkherjee' v. Union of India

(b) State of Orissa v. Dr. Binapani Devi

(c) State of Maharashtra v. Jalgaon Municipal Council

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(d) Paåarzp,it Sugar Mills Co. Ltd. v. State of Uttar Pradesh. Answer (a)

47. Match List-I vs-ith List-Il and select the correct answer using the codes given below:

List-I List-Il

(a) Maneka Gandhi v. Union of India (i) One who hears must decide

(b) AX. Kraipak v. Union of India (ii) Reasoned decision

(c) Shrilekha Vidyarthi v. State of (iii) Post-decisional

Uttar Pradesh hearing

(d)

Codes: Gullapalli Nageswararao v.

APSRTC

(B) (C) (D) (iv) Personal bias

(a) (iv) (iii) (ii) (i)

(b) (ii) (i) (iv) (iii)

(c) (iii) (iv) (f) (i)

(d) (iii) (ii) (iv).

Answer (c)

48. In which of the following cases the distinction between quasijudicial 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. Vertna v. Union of India

(c) State of Orissa v. Dr. Binapani Devi

(d) Mahabir Jute Mills v. Shibben Lal Saxena.

79. Answer (c)

49. Match List-I (name of case) with List-Il (principle of natural justice) and give correct answer by using the
code below:

List-I List-Il

(a) Hira Nath Mishra v. (i) Right to notice or

Rajindra Medical College requirement of notice

(b) Union of India v. Mohd. (ii) No evidence should be

Ramzan Khan taken at back of the other party

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(c) Maneka Gandhi v. Union of (iii) Report of the enquiry to be

India shown to the other party

(d) Union of India v. Narendra (iv) Reasoned decision or

Code: Singh speaking orders

(a) (iii) (iv) (i) (ii)

(b) (iv) (iii) (ii) (i)

(c) (i) (ii) (iii) (iv)

(d) (ii) (iii) (iv) (i).

Answer (d)

50. Which of the following case is not related with the jRule 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.

Answer (c)

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

(a) Corporation

(b) Natural Justice

(c) State Liability

(d) Delegated Legislation.

Answer (b)

100 Administrative, Law

52. Match List-I with List-Il and select the correct answer using the codes given below:

List-I List-Il

(Name of Case) (Decision)

(A) Hira Nath Mishra v. (i) The inquiry was vitiated as Class

Rajiüdera Medical IV employee has to defend himself

College against officers, hence denial of principles of natural justice.

(B) Bhagat Ram v. State (ii) Principle of natural justice can be

of H.P. exempted for the security of girl students and girls could be testified in the absence of
miscreants.

(C) A.K. Roy v. Union of (iii) No deprivation of existing right

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India enjoyed by government servant without giving him opportunity of being heard.

(D) H.L. Trehatl v. Union (iv) Principles of natural justice are not

of India

Codes:

(B) (C) (D)

(a) (ii) (i) (iv) (iii)

(b) (i) (ii) (iii) (iv)

(c) (iv) (iii) (ii)

(d) (ii) (i) (iii) (iv). rigid norms of unchanging context, they have to be tailored
to suit the nature of the proceeding.

Answer (a)

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.

Answer (d)

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.

101

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.

80. Answer (d)

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.

Answer (c)

56. Dividing lines between administrative power and quasi judicial power is thin and is being gradually
obliterated was observed by:

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(a) Justice Desai

(b) Justice Ahmadi

(c) Justice Subarao

(d) Justice Hegde

Answer (d)

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

(a) Departmental Bias

(b) Judicial Obstinacy

(c) Preconceived notion

(d) Partiality

Answer (c)

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) Sambhtl Nath Sarkar v. State of W.B.

(d) P. Lakhanpal v. Union of India

Answer (b)

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

Answer (c)

60. Match List - I (Name of Case) with List - Il (Doctrine) and answer by using the code below:

List - 1 List - 11

(a) Ram Jatoaya Kapur v. (i) Doctrine of post decisional hearing

State of Punjab

(b) Mnneka Gandhi v. Union of India (ii) Doctrine of public Accountability

(c) Vineet Narain v. Union of India (iii) Doctrine of separation of powers

(ii) (i) (iii)

(3) (i) (iv) (iii) (ii)

(4) (ii) (iii) (iv)

(d) Union of India v. (iv) Doctrine of legitimate expectations Hindustan Deoelopment Co. de:

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Nature, Scope and Development of Administrative Law 70

(a) (b) (c) (d)

(1) (iii) (i) (ii) (iv)

Answer (1)

61. Which of the following is not considered 'irrational', basing upon the UWednesbury principles" laid
down in 'Associated Provincial Picture House Ltd. v. Wednesbury Corporation, 1948

(a) Without the authority of law

(b) Based on no evidence

(c) It has Sanction of law

(d) It is unreasonable

Answer (c)

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

Answer: (c) in the most traditional method

103

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.

81. Answer (c)

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.

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Nature, Scope and Development of Administrative Law 71

(d) No one should be made a judge in his own cause. Answer (d)

65. An administrative order itself may contain reasons or the file may disclose reasons to arrive at the
decision showino 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

Answer (c)

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

Answer (a)

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

Answer (a)

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

Answer (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. Bonhmn's Case

(c) Dimes v. Grand Junction Canal

(d) Copper v. Wandsworth

Answer (a) Earl of Derby's case

70. Rule of Pecuniary Bias was laid down in:

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Nature, Scope and Development of Administrative Law 72

(a) Dimes v. Grand Junction Canal

(b) Reg. v. Cr71ninal Injuries Compensation Board

(c) Joseph v. Executive Engineer

(d) Dr. Bonham's Case

Answer (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

Answer (c) Both (a) and (b)

72. Test to determine personal bias is:

(a) Real likelihood of prejudice

(b) Actual prejudice

(c) Reasonable apprehension of prejudice

(d) Actual bias

82. Answer (a)

73. Departmental bias means:

(a) Official bias

(b) Policy Bias

(c) Abnormal desire to uphold a particular policy

(d) Administrative bias

Answer (c) Abnormal desire to uphold a particular policy

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

(a) Pecuniary Bias

(b) Personal Bias (c) Preconceived Notion

(d) Departmental Bias

Answer (d) Departmental Bias

75. Judicial obstinacy rule is laid down in:

(a) K.S. Rao v. State of Hyderabad

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Nature, Scope and Development of Administrative Law 73

(b) J. Mohapatra v. State of Orissa

(c) State of West Bengal v. Shivananda Pathak

(d) Mahadayal Premchandra v. CTO

Answer (c) State of West Bengal v. Shivananda Pathak

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

Answer (c) Authority is the only competent authority

77. Natural Justice is an expression of:

(a) English Law

(b) English Common Law

(c) Law of Equity

(d) Nazi's Law

Answer (b) English Common Law

78. Natural Justice is a branch of:

(a) Public Law

(b) Private Law (c) International Law

(d) Criminal Law

Answer (a) Public Law

79. Natural Justice accords protection against:

(a) Arbitrary Procedure

(b) Legal Procedure

(c) Judicial Procedure

(d) Personal Procedure

Answer (a) Arbitrary Procedure

SO. "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) Szoadeshi Cotton Mills v. 1/01

(b) Canara Bank v. Debasis Das

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Nature, Scope and Development of Administrative Law 74

(c) A.K Kraipak v. 1101

(d) Suresh Koshi v. State of Kerala

Answer (a) Swadeshi Cotton Mills •v. UOI

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

Answer (c) Right to information

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

Answer (a) Violation of principle of natural justice

83. Annamalai Cotton Mills Ltd. v. Chairman, T.N. Electricity Board case was related to:

(a) Right to enquiry report

(b) Right to rebut adverse evidence

(c) Disclosure of all evidence/ materials

(d) Right to Notice

Answer (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

Answer (b) Necessity

85. Adequate notice must contain:

(a) Time

(b) Place

(c) Nature

(d) Statement of Specific Charge

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Nature, Scope and Development of Administrative Law 75

Choose from the above options—

(d) All of the above

Answer (d)

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 wrono Answer (d)

87. Hearing starts with:

(a) Notice

(b) Enquiry Report

Ad"linistrativc,

(c) Rebutting adverse evidence

(d) Disclosure of all evidence

Answer (a) Notice

88. Right to rebut adverse evidence includes:

(a) Richt to Cross Examination (b) Right to Legal representation

(c) None of the above

(d) Both (a) and (b)

Answer (d)

89. Hiranath Mishra v. Principal Rajendra Medical College is a leading case on:

(a) Departmental proceedings

(b) Personal Bias

(c) Richt to cross examination

(d) Right to notice

Answer (c) Right to cross examination

90. Legal representation in an administrative proceeding is:

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Nature, Scope and Development of Administrative Law 76

(a) Indispensable

(b) Dispensable

(c) Depends upon facts and circumstances

(d) None of the above

Answer (c)

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. Crand Junction Case

83. (d) CCSU Case

Answer (a) Pett v. Grey Hound Racing Association

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

Answer (a) Right of Legal Representation

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—

Answer (c)

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 so

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Nature, Scope and Development of Administrative Law 77

(d) Enquiry authority and action taking authority are partial

Answer (b) Enquiry authority and action taking authority are different

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

Answer (a) True

96. Managing Director ECIL Hyderabad v. B. Karunakar is a decision given by:

(a) 2 Judge bench

(b) 3 Judge bench

Administrative,

(c) 5 Judge bench

(d) 7 Judge bench

Answer (c) 5 Judge bench

97. Conflicting judgement of Kailash Chander Asthana v. State of LIP and 1101 v. Mohallilnad Ramzan
Khan was resolved in:

(a) Keshav Mills co. Ltd v. 1101

(b) 1101 v. State of Rajasthan

(c) Nandini Salpalhy v. P.L. Dani

(d) Managing Director ECIL Hyderabad v. B. Karunakar

Answer (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

(a) (b) (c) (d)

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Nature, Scope and Development of Administrative Law 78

(a) (a) (c) (b) (d)

(b) (c) (d)

(c) (b) (a)

(d) (a) (b)

Answer (a)

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

Answer (b) Both are true but R is not the correct explanation of A

100. Post Decisional hearing has been developed to maintain:

(a) Administrative efficiency

(b) Fairness to the individual

Principles of Natural Justice

(c) Both (a) and (b)

84. (d) Partiality

Answer (c) Both (a) and (b)

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

Answer (b) In cases in which it serves any purpose

102. Speaking order denotes:

(a) Reasoned order

(b) Meaningful order

(c) Formal order

(d) Informal order

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Answer (a) Reasoned order

103. Match the following:

(a) Pecuniary Bias (a) A.K. Kraipak v. uol

(b) Distinction between (b) Dr. Bonham's Case administrative and quasi judicial function

(c) Judicial Obstinacy (c) State of WB v. Shivananda Pathak (d) Doctrine of necessity (d) Charan Lal
Sahu (d)

(a)

Answer (b)

104. S.N. Mukherjee v. 1101 is a leading case on:

(a) Speaking order (b) Cross examination

(c) Departmental Bias

(d) Necessity

Answer (a) Speaking order

112 Ad'ninistratit'(', Trust and Equity Law

105. K.L. Sltcphard v. 1101 is a leading case on: (a) Post decisional hearing

(b) Pre decisional hearing

(c) Formal hearing

(d) Informal hearing

Answer (a) Post decisional 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

Both are correct but R is not the correct explanation of A

(c) A is Yue but R is false

(d) Both are false

Answer (a)

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

(a) Exclusion in cases of interim preventive action

(h) Exclusion in cases of Legislative action

(c) Exclusion where doctrine of necessity applies

(d) Exclusion in cases of administrative matters

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Nature, Scope and Development of Administrative Law 80

Answer (c) Exclusion where doctrine of necessity applies

IOS. 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 matter

(b) Fair hearing to parties

(c) nemo judex in causa sua

(d) None of the above

Answer (a)

109. In which of the following cases, under written 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. lund Reforms Tribunal

(c) I.T.C. v. State of Madras

(d) Manjula Mnnjnri Dwi v. Director of Public Instruction Answer (b)

Principles of Natural Justice

(a) (b) (c) (d)

(a) (ii) (iv) (iii) (i)

(b) (iii) (iv) (ii)

(c) (iii) (iv) (ii)

(d) (iv) (iii) (ii)

110. Match List - I (Name of Principle) with List - Il (Related Case) and answer by using the code below:

List - I List - 11

(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 Llttar Pradesh

(d) Locus standi

Code: (iv) Monnet Ispat and Energy Ltd. v.

Union of India

85. Answer (b)

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

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Nature, Scope and Development of Administrative Law 81

(a) Pre-Decisional Hearinc (b) Post-Decisional Hearing

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

Answer (b)

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

Answer (d) Exclusion in case of Commercial contracts

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.

Answer (d)

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

1. Writ of Habeas Corpus is issued against illegal confinement of a person

120

and

2. Writ of Mandatnus 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. 1

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Nature, Scope and Development of Administrative Law 82

Answer

3. VVhich of the following are matched incorrectly?

i. Habeas Corpus 'To produce the body'

ii. Quo warranto 'Issued to a lower court to stop proceedings in a case .

iii. Prohibition 'Issued to a lower court quashing a decision or order'

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 ivAnswer (b)

4. Match List-I with List-Il and indicate the correct answer using the codes given below:

List-I List-Il

(A) Bring the body before the Court (i) Writ of Mandamus

(B) Petitioner's legal right to compel the performance of public duty (ii) Writ of Certiorari

(C) By what authority a person is holding the public post (iii) Writ of Habeas Corpus

(D) Action of subordinate Court in violation of the principles of natural justice (iv) Writ of Quo
warranto

Codes:

(D)

(a) (ii) (iij) (iv)

(b) (iii) (iv) (ii)

121

(c) (iii) (ii) (iv)

(d) (iii) (iv) (ii) (i)

87. Answer (b)

List-I List-Il

Habeas Corpus (i) Non-performance of public duty

(B) Mandamus (ii) Unlawful detention

Quo-Warranto (iii) Correctional direction to subordinate courts

(D) Certiorari (iv) Unlawful occupåtion of public office (v) Double jeopardy.

A B C D

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Nature, Scope and Development of Administrative Law 83

(a) (ii) (iii) (iv)

(b) (ii) (iv) (iii)

(c) (iii) (i) (ii) (v)

(d) (iv) (v) (ii)

List-I List-Il

Writ of Habeas Corpus (i) Unlawful occupation of public office

Writ of Mandamus (ii) Superior Court's direction to subordinate Courts

Writ of Quo-warranto (iii) Unlawful Detention

(D) Writ of Certiorari (iv) Codes:

(B) (D)

(a) (ii) (iv) (iii)

(b) (iii) (iv) (i) (ii)

(c) (ii) (iv) (i) (iii)

(d) (iii) (iv) (ii) Non-performance of public duties.

5. Match List-I with List-Il and select the correct answer by using the code given below lists:

Codes:

88. Answer (b)

6. Match List-I with List-Il and select the correct answer using the codes given below the list:

89. Answer (b)

7. Which of the following pairs is correctly matched?

(a) Writ of Habeas Corpus Available against private individuals as well

(b) Writ of Quo Warranto Against subordinate courts only

122 and Law

(c) Writ of Certiorari Against autonomous bodies only (d) Writ of Prohibition Against public servants only.

Answer (a)

S. 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.

Answer (c)

9. The writ of habeas corpus will be issued if

(a) Detention is legal

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Nature, Scope and Development of Administrative Law 84

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

Answer (c)

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).

Answer (c)

11. In which one of the following writs the principle of res judicata is not applicable?

(a) Habeas corpus

(b) Quo warranto (c) Mandamus (d) Certiorari.

Answer (a)

12. Which of the following writs may be issued for compelling a public authority to perform a public duty? (a)
Quo-Warranto

(b) Mandamus (c) Certiorari

(d) Prohibition.

(b)

123

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) Quo warranto (c) Certiorari

(d) Prohibition.

90. Answer (a)

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.

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Answer (a)

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.

Answer (b)

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.

(c)

and Latv

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.

Answer (c)

IS. 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.

Answer (d)

19. The writ of "Quo-warranto' is issued in which of the following

cases.

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Nature, Scope and Development of Administrative Law 86

(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.

Answer (b)

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 quo warranto.

(d)

125

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

91. Answer (c)

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) Only (a) and (b).

Answer (c)

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) Habeas Corpus

(b) Quo Warranto

(c) Certiorari

(d) Mandamus.

92. Answer (c)

24. A writ of certiorari can be issued against

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Nature, Scope and Development of Administrative Law 87

(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. Answer (a)

25. Which of the following writs can be issued for correctional directiqns to subordinate courts?

(a) Mandamus

(b) Quo warranto (c) Certiorari

(d) Prohibition.

(c)

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

(c) Error apparent on the law of record (d) All (a), (b) and (c) are correct.

Answer (d)

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 fulfillinc the obligation of arising out of contract by the state

(d) For want of authority to hold public office. Answer (b)

28. When a writ is issued to an inferior court or tribunal on ground of exceedinc the jurisdiction or acting
contrary to the rules of natural justice, it is called a writ of:

(a) Mandmnus

(b) Certiorari

(c) Proh1Ytion (d) Habeas corpus.

Answer (b)

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:

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Nature, Scope and Development of Administrative Law 88

(a) Ordy (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.

(c)

127

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.K. Kraipak v. Union of India (c) Union of India v. Bashyan (d) Rajesh Kumar v. C.I.T.

Answer (b)

31. Which writ can be issued by a High Court as a correctional directive to subordinate courts?

(a) Mandamus

(b) Prohibition (c) Quo-Warranto (d) Certiorari.

Answer (d)

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. Answer (b)

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.

Answer (d)

34. In which of the following conditions the Writ of Prohibition may be issued?

and

(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

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(d) Both (b) and (c).

Answer (a)

35. Writ of prohibition cannot be issued against

(a) executive body

(b) judicial body

(c) quasi-judicial body

(d) None of the above.

Answer (a)

36. Which of the followin c 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.

Answer (a)

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.

Answer (a)

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.

129

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 correct, but (R) is false

(d) (A) is false, but (R) is correct.

Answer (c)

39. Which writs can be -issued in Administrative matters?

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(a) Certiorari

(b) Quo Warranto and Certiorari

(c) Habeas Corpus

(d) Certiorari, Quo Warranto and Mandamus.

Answer (d)

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

(a) While certiorari can be issued against judicial or quasi-judiåial 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 it, 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.

Answer (a)

41. Read Assertion (A) and Reason (R) and answer using codes given below:

Assertion (A): A High Court may decline to exercise its extraordinary 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)

and

(c) (A) is right but (R) is wrong

(d) (A) is wrong but (R) is right.

Answer (a)

42. Match List-I (name of case) with List-Il (name of writ) and give correct answer by using code given
below:

List-I List-Il

(A) Sunil Batra v. Delhi Adlitiltistration (i) Quo Warranto

(B) U.N.R. Rao v. Indira Gandhi (ii) Habeas Corpus

Gujarat Statc Financial Corporation v. (iii) Certiorari Lotus Hotels

(D) Nalilti Ranjan v. Annada Shankar (iv) Mandantus

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Codes:

(D)

(a) (iii) (iv) (i) (ii)

(b) (iv) (iii) (ii) (i)

(c) (ii) (i) (iv) (iii)

(ii) (iii) (iv).

Answer (c)

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.

Answer (c)

44. A writ of Mandamus will not lie against the

(a) President of India

(b) Parliament

(c) Local Authorities

(d) Courts and Tribunals

Answer (a)

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

(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.

Answer (a)

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

(a) Error of jurisdiction

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(b) Error apparent on face of record

(c) Violation of natural justice

(d) All of the above

Answer (d)

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

Answer (d)

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 frue

Answer (a)

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 l.c. Golak Nath v State of Punjab. This observation was made by?
(a) Jusåce Subha Rao

(b) Justice Ray

(c) Justice Bhagwati

(d) Justice lyer

Answer (a)

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.

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(b) It is in contravention of the fundamental rights stipulated in Part Ill 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)

Answer (d)

51. The prerogative writ/writs is/are available against the decisions of administrative tribunals.

93. (a) Writ of Mandamus

(b) Writ of Certiorari (c) Writ of Prohibition

(d) Both (b) and (c)

94. Answer (d)

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

95. Answer (c)

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

Answer (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) Quo Warranto

(c) Habeas Corpus

(d) Certiorari

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Answer (c) Habeas Corpus

55. In addition to Supreme Court, which court has the power to issue writ: (a) High Court

(b) District Court

(c) Both

(d) None

Answer (a) High court

56. Habeas Corpus means: (a) getting the body show authorization

(c) to comply with a public duty

(d) None of the above

Answer (a) getting the body

57. Which of the following writ has literal meaning 'we order'?

(a) Quo Warranto

(b) Habeas Corpus

(c) Ceritorari

(d) Mandamus

Answer (d) mandamus

5S. 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

Answer (a)

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

(a) Alternative duty (b) Discretionary duty

(c) Public duty

(d) Private duty

Answer: (c)

60. Writ of mandamus cannot be issued against:

(a) Council of Minister

(b) Governor

(c) President

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Nature, Scope and Development of Administrative Law 95

(d) Both (b) and (c)

Answer: (d)

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

(a) Private office

(b) Public office

(c) Legal office

(d) None of the above

Answer. (b) Public office

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

Answer: (c) By what warrant or authority

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

Answer: (c) Rupa Hurra v. Ashok Hurra

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

Answer: (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

Answer: (c) illegal police detention

66. Which of the followinc writ is issued directing the usurper of public office to vacate such office.

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(a) certiorari

(b) mandamus

(c) prohibition

(d) quo warranto

Answer: (d) quo warranto

67. Concept of writs originated in:

(a) USA

India

(c) Britain

(d) France

Answer. (c) Britain

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

Answer. (a) Ceritorari

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) Malafide 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.

Answer (d)

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

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(b) Breach of natural justice of decision without reason

(c) Both (a) and (b)

(d) None of the above

Answer (c)

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)

Answer (d) Both (a) and (b)

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

Answer (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

Answer: (b) mandamus

74. Which of the following writ is issued directing the person or corporation to follow Court's order: (a)
habeas corpus

(b) mandalnus

(c) prohibition

(d) quo warranto

Answer: (b) mandamus

75. To safeguard fundamental rights is issued by the Supreme court under Article 32

(a) Order

(b) Decree

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(c) Injunction

(d) Writs

Answer Writs

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.

Answer (d)

2. The action of Administrative Tribunal is considered as

(a) purely judicial

(b) purely administrative

(c) quasi-judicial (d) All of the above

Answer (c)

3. Tribunal is a body, which must have the trappings of a court. (a) Judicial

(b) Quasi-judicial

(c) Financial

(d) Private

Answer (b)

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

Answer (d)

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

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(d) clause 2(b) of Article 323A and clause 3(d) of Article 323B Answer (a)

143

6. The constitution of India has provided for the establishment of tribunal under: (a) Article 323 A

(b) Article 323 B

(c) Both (a) and (b)

(d) None of the above

Answer (c) Both (a) and (b)

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

Answer: (b)

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)

Answer: (a)

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

Answer: (a) Sampat 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

Answer: (a) L. Chandra Kumar v. Union of India

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144 Administrative, Trust and Equity Law

11. mlich Article of Indian Constitution provides for the establishment of tribunal for other matters: (a)
Article 323A

(h) Article 323B

(c) Both (a) and (b)

(d) None of the above

Answer. (b) Article 323B

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

Answer. (b) Article 323A

13. Administrative Tribunal Act was passed in the year:

(a) 1983 co) 1984 (c) 1985

(d) 1987

Answer. (c) 1985

14. Central Administrative Tribunal was established under:

1 (a) Aråcle 323A

(b) Article 323B

(c) Both (a) and (b)

(d) Administrative Tribunal Act, 1985

Answer. (d) Administrative Tribunal Act

15. Which type of matters can be submitted by employee of State before the administrative Tribunal?

(a) revenue

(b) tax

(c) service

(d) property

Answer. (c) service

16. "Tribunals deal with the service matter only". Choose the correct option among the following which
is true for the above statement.

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(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

Answer (d)

17. The term 'tribunal' literally means — (a) Seat of King

(b) Seat of mayor

(c) Seat of justice

(d) Seat of minister

Answer (c)

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

(a) 62 years

(b) 64 years

(c) 65 years

(d) 68 years

Answer (c)

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

(a) 62 years

(b) 64 years

(c) 65 years

(d) 68 years

Answer (d)

20. Chairman of central administrative tribunal will submit his resignation to:

(a) Governor

(b) Prime Minister

(c) Speaker of Lok Sabha

(d) President

Answer (d)

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MULTIPLE CHOICE QUESTIONS

1. Institutions established in India for preventing a maladministration and corruption are: (a) Lokpal,
Lok Ayukta and Lok Adalat

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

Answer (b) 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. Answer (c)

3. Which of the following is not meant for prevention of Maladministration or Corruption? (a) Lok Adalat

(b) Lokpal

(c) Lokayukta (d) Ombudsman.

Answer (a)

4. The Lokpal and Lok Ayuktas Act was enacted in the year

(a) 2011

(b) 2012

(c) 2013

(d) 2014.

Answer (c)

150 Administrative, Trust and Equity Inw

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.

Answer (d)

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:

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(a) Both (A) and (R) are frue, and (R) is correct explanation of

(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.

Answer (b)

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.

Answer (b)

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.

Answer (d)

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.

98. Answer (c)

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.

Answer (b)

11. The concept of Ombudsman has originated from which of the following nation (a) China

(b) Brazil (c) Sweden (d) U.S.A.

Answer (c)

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.

Answer (d)

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Nature, Scope and Development of Administrative Law 104

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 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.

Answer (b)

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 (c) only

(c)• (a), (b) and (c) only

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

Answer (d)

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.

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Answer (b)

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).

Answer (c)

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.

Answer (d)

18. Match List-I with List-Il and select the correct answer using the

codes given below:

List-I

(Subject)

A. The composition of Lokpal

B. Establishment of Lokayukta

C. Terrn of office of Chairperson and Members of Lokpal

Removal of Chairperson and

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Members Lokpal

List-Il (Provision of the Lokpal and Lokayuktas Act, 2013)

i. Section 3(2) ii. Section 6 iii. Section 37

iv. Section 63

Codes:

A B C D

(a) i ii iii iv

(In) i iv ii iii

(c) ii iii i

(d) i iv ili.

Answer (b)

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 attaininc age of 70

(d) 3 years or attaininc age of 70.

Answer (c)

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.

Answer (b)

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.

Answer (a)

22. Lokpal or Lokayukta is competent to

(a) Discharge the functions of administrative officer

(b) Investigate complaints involving grievances in respect of administrative actions

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(c) Conduct inquiry against administrative officer for disciplinary action

(d) Give observations and recommendations in respect of administrative actions to the government.

Answer (b)

23. Which of the following powers is not vested with Lokpal under Chapter VIl 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.

99. Answer (b)

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.

Answer (a)

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

Answer (d)

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

Answer: (d) Any one of the above

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27. Chairperson of Lokpal shall be appointed by:

(a) Prime Minister

(b) Council Ministers

Inw

(c) President

(d) Vice-President

(c) 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

Answer: (a) director of prosecution

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 Answer. (a)

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

Answer. (a) Chairperson and 8 members

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

(a) Lokpal

(b) State government

(c) Central government

(d) Minist-y of law and justice

Answer. (a) Lokpal

32. Lokpal and Lokayuktas Act got the presidential assent on:

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Nature, Scope and Development of Administrative Law 109

(a) 2nd January 2014

(b) 1st January 2014

(c) 31st January 2014

(d) 15th January 2014

Answer. (b)

33. The Lokpal and Lokayuktas Act, 2013 is:

(a) An anti-corruption Act

(b) An anti- government Act

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(c) An anti-judiciary Act

(d) An anti-parliament Act

(a)

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

Answer (a)

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

Answer (b)

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

(d)

37. Lokpal or Lokayukta is competent to

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(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.

Answer (b)

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

(c) Leader of opposition in Rajya Sabha

39. A Lokpal must conduct a preliminary enquiry within:

(a) 15 days

30 days

(c) 60 days

(d) one month

Answer (b) 30 days

40 is 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

Answer (b)

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

Answer (a)

42. Which of the following state is the first state to establish the institution of Lokayuktas in India: (a)
Bihar

(b) Uttar Pradesh

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(c) Uttrakhand

(d) Himachal Pradesh

Answer (c)

43. 'ombudsman' is said to be an officer of

(a) Parliament

(d) Court (c) Tribunal

(d) CBI

Answer (b)

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