‘Nature, Scope and Development of Administrative Law 1 MULTIPLE CHOICE QUESTIONS 1. Administrative lawis that branch af ow, the object of which isto check abuse of power by the ‘allowing fe) President () Pastament (e) Legislatures (@) Administrative authorities Answer (eb 2. ministrative lawisthe branch of (a) Natural iw (be) Statutory owe (e)Cumemary iw (#) Puste eo, Answer (eb ministrative Lawies fe) Procedural nw (e) Substantive ow (e)Eoshuad thrsugh precices and Judisil decisions (@) statutory ow Answee(s) 4 ner the follows sing the codes given below stminigtratve Law deals with Fh Composition. powers and functions ofthe administrative authorities, (i) Procedures toe fellowes bythe sd ministrative suthavitas inthe mureite of hair powers and functions (i) Methods ofcontral of powers ofthe administrative authorities (iv) Remecies avaiabie to = person incase of valation af his rights bythe acminiswatve autharten codes fe) Onty (ie correct () rly snd i sre correc c} Only i ara i) ae corect (All of the shove are correct. Answer (¢b‘Nature, Scope and Development of Administrative Law 2 5. Using codes given below, find out correct zrswers: Administrative law ces with the powers af constitutional authorities H—_the powers of jucicial authorities HL the powers of the administrative authorities iy. the pawersof the lessative authorities Codes: 2) Onlyiand i arecarrect (b) Only correct ) Only iscareet (@) Ui andy are coerece Anawer(e) € —“Reminitrative law ie that portion of: nation’s legal system which determines the leps|stetus ane lnbiltiee of ll erate oficisle and defies the cights and i pubic ofiisie” Who steed the shove cantance: 2) Dizey ities of private incvidualein their galing with (by woe dennings [c) Prof Wade (e) Garner Answer (a) 7. "Administrative Law isthe Law relating to administration. It eterminesthe argesietion's powers and duties of Aeministrative Authorities” This efinition ef Aeminisrative Law is given by fe) Prof KC. Davie (be) Sehwarez () Sir vardennings (g) Prot Wade, Answer (c) 2 “Administrative law isthe law concerning the powers and procedures of administrative agencies inclucing especially the law governing judicial review of administrative acon” Who s2i¢ 20? @) Wor Jennings (6) Wiliam Wade fe) XC Dave‘Nature, Scope and Development of Administrative Law 3 (4) Grin ane Sereae Answer fc} 5 Adrvinistrative law is concerned with the operation and controlof the powers of administrative authorities with emphasis.on functions rather than on structure, This definition was given by (a) KC. Davis (e) Jennings (e) Dicey (2) Wade, Answer fe} 20. “Administrative taw is 2 study of pathology of pawerin2 developing rociety. Accountability of the holders of public & pawer for the ruled i the focal point of this formulation.” Who amang the following jurists has given ths eefiition? (Dicey (6) Davie (6) Siewittae ior Jennings (¢) Pret Upen ers Bast Answer [ah "11, Administrative law primary does not concern telfwith which of theofficial functions? (3) Rolemsking (b) —Role-sppiiestion (6) Quasrjudicial action (2) Private tae Answer {a} £2. Which ane ofthe fllowing is abasic source af administrative Law 2) cenome (6) judicial decisions (c) egittion (2) equi newer (B} 13. Which ane af the following isnot basic aauree of administrative law? (2) Custom (o) Delegates tegiztaion (6) Ordinance promulgated by Governor‘Nature, Scope and Development of Administrative Law 4 (2) Reports ofthe committees and commision. newer (a) 14. Which ofthe following is nota source of Administrative Law? (=) dusiciatDecison B) Ordinsree fe) Statute (e) Lawreporter Anower (eh 15. Who ofthe folowing urstsbeerved that “iti logealy impossible te detinguish administrative law from consttutionallaw 2nd all tempts to do so are arf (s)Matene () wor Jari (AN bicey (apne Answer (2) 26, “Constitutional law is concemmed withthe argaization ané functions of government at ret, while 2dovinistrative lls eoncaomed with thatorgenzation and those functions ner Ths statement wat Eien by (ah Austin ) Salmond (3) MBLsin (2) Norma ake shave, Answer (a) 17. Seste the similarity between constitutional and aéminitrative laws (a) Both consttutionslang administrative law are priate laws (b) Both constitutional and administrative laws regulate the highest norms ofthe State |e) eth constitutional and administrative awe eal with 2 organisation an functions ofthe laws ()__ Both consthutlonaland administrative we are publ Answer (dle 'S. Administrative low 252 separate branch oflegal scp especially in Ines, come to be recognised in the midele of: (2) 17th century () teh cantury‘Nature, Scope and Development of Administrative Law 5 (©) s9m century (2) Rosh century Answer (2) 19, Find carect answer (2) Administrative lawiss branch of pbc lw and is aly parcof Constnutonal law. cannat contal the Constitution law. (e)Aminictrative low es branch af private Ine (e)Administrvive lw is indapendane es Conateutions| nw (6) Adeinistrtve low s neither the Branch of publiclaw nor private law, but 2 part of Constcutional law. Answer (a) 20. Read Assertion (A) and Reason (Rand give covrectanswer using cade below: Assetion (A: Adeviiatrative lw is 2 branch of public lw contraticton to private law: Pezuon [R: Administrative Law primarily desis wth ealetonship of individual inter ce Coe: [e} Both A) and [R) are carrect and fi} isthe correct explanati of (A) (8) Both (A) ane A} are correct but (not the corre enplanation ofA) (6) (A) eeceree 6c incorect (61 (A) eincarect ft) iecorect. newer (e) 24. Read Auerion (A) and Reason (ane ancwer by using th cage gen beloer Assertion (A: Adrinistratve lw is 3 lave But itis not ow in the Lawyer's cense af the term lke property or contract law. Reason (R):In Incia, Administrative law, sa combination of judicial precedents and statutes Coss (=) Beth(A) ane (R) are ue and (8 i eoereen planation f ().(b) Both (A) ara (Rare tus, bu (Rie at correct explanation or (©) (ayintrve, but (Rint: (6) (A)isfatse, but istr. Answer (2) 22. Read Assertion (Aj and Reason (R) and give correct answer using codes given Below. Assertion (Aj Administrative lw is branch of public lw.‘Nature, Scope and Development of Administrative Law 6 Raseon (Rij: Administrative ew deals with argenitatin and powar of sdministrstve ard gustijudisis agencies. coses: (3) (a)iscorrece but) ienotcorect (@) Beth (A) are (a) ae correct |e) (Ais ineserece bu incorrect) Both (A) ane (Rare ineerect. Answer (bh 25, Which ef he fllwingsatemants ave corect in relation to the growth of Aeminsraive aw in insia? (nthe pr-constintonal period a nystem of adminstrsive leplation ar ajuciction eva (i) Concept of waltare sats emergeg withthe passage of time. Fi) Inthe new econamis order State is withdrawing frombusiness.yetits functions as facilitator aad reculstar are ineressing i willincrease the significance of serministatve law: fu) All administrative matters are dest by the Administrative Courts and their decisions are final and not subject ta jucica| review by the Supreme Court are thigh Court hoses the eorrect anewer fram the nde given below code (=) Gand (ipare corres (8) Gand wp are correct ©) Gh Rane (i) are correct G6. i) and (pare eorect. snswer 24 The Ras ight anche Grean ihe thaorias of zdminiserti lew ware developed by (@) sin and sin (b)—Grifeh ane Seat (e) Harlow and Rowling: (4) Wor Jennines Answer (e) 25. Theconsttutfonality of administrative rule-making in inc can be stucied! in different pecious— (a) sree ee owe 4) tee Answer (e) 26. Whoa: defined administrative law inthe following ward ‘Administrative law relates to that portion of nations lag system which determines the legal status and niltins al state officals, defines the rights‘Nature, Scope snd Development of Administrative Law 7 2nd liabties of ria indviduate in their dealings with officials and specifies t pracecure by which those fights and labiltes are enforced” (2) Dicey ee Davi (e) Meesens (@)—_Bemare Schwaree Anzwer (2) Dicey 27. Who has defined administrative law in the following word “Acminietretve nw is the law relating tothe seminisration Ie itermines the organisational powers ane uties adminicrative authorities” (a) Dicey fe) ec Ove e} Nordensings (@)—Bemare Schwarez Answer: (e) Nor Jennings Nature, Scope and Development of Administrative Law ft 28. Adminisirative lw is that branch of the law which controls the adminirtratve operations of the government. Insets forth the power which may be exerciced by administrative agencies ancllays down the principles governing the exercise ofthese powers ane providerlage|remacias to those agsrieves by administrative asian fe) Dicey fe) ec Ove (2) orsensings (6) Benard Schwarse Answer: (d) Berard Schwartz 29. Administrative nw is that branch of publi lnw which deals with organization and power of administrative and quasi acrministrative agencies prescribes principles and rules by which an offcial action is rezchad anal viewed in ealation 9 individual berey sre freedom. his definition wae givan by (3) Dicey Pacey (2) orsennings [6] Bernard Schwarte Anzwars(p) B Massey 20. Aecarding to Red Light Theory the main sbjecive af seminietatve law i 1p cortrolthe power vested in the pariament ‘tp cornrol the power vested in the judiciary (eto control the power vested inthe government‘Nature, Scope and Development of Administrative Law 8 [d) More ofthe above Answer: (c) to controlthe pawer vested in-the governement BL Green Light Theary promates (2) Cellstiem } Groupiom (©) Feceralism (2) Nane of the above Answer: (2) Colecivisr 32. Administrative lw inthe law that govemns: (2) Administrative actions 5} ici actions 2 (6) Qussijedicial actions (2) attofthe bare 52. Answer(a) 33. Albert Venn Dicey 3 British jurist. reject the whole concept of Acministative Iw in the yeas? (2) 2985 ) 785 fe) s885 (aes Anzwes (@) 34. Who rejected the whole concept of Administrative law inthe year $885? {2} AV. Dicey (B)Wordenninge () Jahn becke (coke Anzwes (a) 25. There ave significantciferencas between atminiatatve lw ane Constitutional nu In the ightof above statement which af the fllawing statements incorrect (@) A Constitution ic the supreme law of the Ine. Administrative law deals anly with the administration powers and functions ofthe 2dministrative authorities‘Nature, Scope and Development of Administrative Law 9 (ec) Adevnistrative lawis not subordinate to constitutional law (d) Administrative authorities should follow the Constitution while acting. Answer) MULTIPLE CHOICE QUESTIONS (=) nals ofratere (b) rule of procedure (ale of man (2) pervasiveness ofthe spit flow andes avoid arbitrariness Answer) entrant option secersinghy (z) Fos rules oft fp) Eusuvion af wiveretion (e) Both (a) and (b) (¢ Neither (a) nar). Answer(<} 3. Ascarding to Dicey the mazning ofthe rule of Iw may be diseurcad under which ofthe follawing ese? (es) Equalisy aherlaw (2) Enusliey ffi rates of iw (2) Eaualty unger aw (4) Equaliey before tow, Answer (2) A. Whieh of the folowing e2eznot eanform te the principe of Rule of Law? (2) No person should be made to suffer (6) Allthinge should be cone accanding to low and not according to whim (2) Absence af Arbitrary pener (4) Lawiesupreme and no one shove low nswer(2) 5. Whowae the orginstor of the term Rule of aw? (2) AN. Dicey (6) Montesquieu {e) Thomas Aquinas (2) Edward Coke, answer (2)‘Nature, Scope and Development of Administrative Law 10 § —Whicharttein Indian Constitution eeflects A: Dicey's"Rule of Law"? (a) Article 4 (article 22 (c) Article 23 (a) Ariel 30. Answer (3) 7. Which ofthe folowing cases it not related with rule of tau? (a) Inciea Ganch aj Narain (b) ADM debalpur 5K, Stubs (©) SP.Gupea x Union of nce (2) Ssinghaniv Union of ie Answer (eh 8. Professor Dicey gave following three meanings of Rule of Law (=) Absence of arbitrary power or supremacy ofthe It () Equality before aw [c)__ The constitution isthe result af the ordinary law ofthe land Out of the shove aspects which ofthe following apply Indian sytem 2) Ghant (hen (5) hard (ebony (2) (avenge) anty (2) alfa fo) ance) Answer (3) 2. According to AV: Dicey’ formulation of Rule of Law, denates— (a) two mesrings (5) ee mesrings |e) three mesnings (g) single meaning Anawer(c) 120. The term Rule of Law i Cerved thom the French phrate'ls principle ce legs ity’, which means — (2) Principe of Equality (b) Principle of ndvicaley (©) Principle of Separatin (2) Princpte of uegatity Answer (a)‘Nature, Scope and Development of Administrative Law u 21. Iniindis, “the machinery of government is exsertialy Brith ans the whole collection af British Constitutional Conventions has apparertly been incorporated 2: conventions "Ir the observation of 2) Av Dicey (b) Sie Wor Jennings (2) SAaesman (¢) Wade are Phillipe Anzwes (a) 12. Ruleef wie devices from: Franch phrace (e) german prase(c) common law phrase (@)latin phease Angwes (al French phrase $3. Rule of lewmenns: (a) government bated on principle of nw and nat of men (b) government bases on men and naton the Principle of kaw (6) Government based on logic and not on legal principles (e) government azed on srsirarinase Answer (3) gavecnmert based on principle af law and not of men 14 According to Dicey; what ithe meaning of rue of law: (al supremacy of law (b} equality before aw (c) prescominarce of egalspicit (¢) All ofthe above answer) Allof the above 5. Droit acrinistatfis related te (=) Frenchiegel system (b) English legal system (c} Amesican legal system (@) German lagel=ystern anawer (a) French legal peter 18. KE Davis has anrigred haw many principles to promote the concest af ule af law: (a) ae fo) even (©) three (@) ouranswers(o) seven 37. Rule of law implies state of asi where theres absence of arbitrary powers, where law isabserved by everyone including the government andits officer where the action ofthe 2d law where every man is equal before law and axnured that he willnat be punished except far violation of cetration is backed by‘Nature, Scope and Development of Administrative Law 12 low, where cases roltingt2viclation oF law ar deputer as to rights and duties are decided by imperial an independent caurtor tribunals, This was abuarved bys(3) Ko. Davis (AM Dicey (@) Eaward Coke (2) witiae Wee Answas (a) RC. Davis In England. Rule of Law wee davelopes by: fe) Reavis fe) AN Dicey (2) Eaward Coe (Wits wade Answes (b) AV Dicey 28. In which of the following case SC observed that” we ha) adopted under our constitution not the continertal system f the Bech system, uncer which the rule of law prevail fo) Sento of MPa Bharat Singh (6) ADM Jabstpur x Shirtane Shukla (e) Bethan Singh v Serta of Bunya (2) AK. Kraipake wat newer (2) State oF MP Bhasat Singh 20. “Rule of law i acithesis of arbitrarinessin al civil societies" was observed by (a Justice Bhagwati (2) deren Kuldeep Singh (eo) dente HA hana (4) Junta chanarzehud Answes (c|Junice HE hanes 21. “Ruleof law permeates through the entie fabric ofthe Indi Constitution and indeed forms one of ts basic features” w abeervee by (2) Justice Bhagwati (2) Jute Delveer Bhendaver (c)— duice Nagendra Singh (2}Junce Chandrachud Answer (3) Justice Bhagwati 22. “The constitution ithe rule of law. There cannot be any ru of law other than the constitutional rule flan" war abserve in the case of‘Nature, Scope and Development of Administrative Law 13 (2) Eaehan Singh State of Punjae (6) ADM Jabalpur v Shivkant Shubis(c) Indira Nehru Gand aj Nareum (4) AX Rraipak «UDI Answer (b) ADM Jabalpur x. Shivkare Shu Rule of Law ara Adminitrative Law 21 25, “Rule low constitutes the core of aur constitution” was obearved inthe ext of (2) De Wadhwa w Stave of tinar (2) Re Arunahati nay [e) Indira Nehru Gandhiw. Raj Marcum (2) AK Kenia w 11 Answer (3) DC Wachuzew. State of Sinar 28 “Absence of arbitrary power ic the fist postulate of rule of Ine upan which our constitutional edifice is basee” was observed in the caze of (3) Soma Raj v State of Haryana (6) Re Arunchsti Roy (e) Indies Nehru Gana. Rj Narain (2) AK Kesipak LOL Answer (2) Soma Ra State of Haryana 25. Rule of law isthe basic rule of govermance of any cvlsed democrats polity” was cbserved inthe case oF (2) Soma Raj « State of Haryana (6) Re Arundhati Roy [e) Indira Nehru Gandhiw. Raj Narain [é) AK Kraipak w UO Answer (b) Re Arunchati Roy 26. The term of rule of lu was cones by: (2) Seursny (b) Dice fc} Austin (2) Cote Answer: (f) Cake 27. Administrative law primarily oss not concern itaalf with whieh ofthe fellowing effcial functions? (2) Rule making (2) Role spptiestion‘Nature, Scope and Development of Administrative Law 14 (©) Qussijucicia! action (eh Private iow Answer (2) 22 ane 28. Latin maxim “Ces-sarte Ration# Legis Cesst Ips Lex” means? (a) Before sult brought; before controvessy inattuted, or spoken before = lawzuitis brought Reasons the saulaf the law and when the reagan af any particular law ceares, a2 does the Law inet (©) trig the partota good judge to enlarge his jursciction, remedial zuthorty (2) Mentallyimpsined or mertally incapable pertons cannot vaily sign 2 will contract or form the frame of mind necessary to commit zerime or # person with mertalillness hasno fre will Answer (b) MULTIPLE CHOICE QUESTIONS 1. Delegated Lesistton Constitution [] the rule, regulations byetiws, ete, made by subordinste authorities under delegated authority from the Parliament or State Legisiature |e) the Ordinance promulgates by the Presigent or he Gavernar under delegated authority fram the Constitution (ed) the law declared by the juciciary while deciding coues brought before it Answer (b} 2. Wha defines Delegated Legisation’ as “that which proeaeds from any suthorty sther than the sovereign power and ic therefore depencent for itr continued existence and validity on some superior or supceme authority" (3) Austin dennings Fy () Dicey (¢) Salmond. Answer (2) 3. There ae bulk of laws which govern people and which come not fram the legtstuie but from the chambers of administrators. This is cllec delegated legisistion anditis diferent from (2) quathlegiistive action (e)—_aciinitrative rulemaking power <) subordinate ls‘Nature, Scope and Development of Administrative Law 15 Answer (6) 4. Rules made by vitue of atutary poner are (2) Delegated lezisition (8) Administrative order c} Quas'judcal (2) Precedent newer) 5. Which ane ofthe folwingis not an instance of subordinate lesilation? (a) Delegated lezislation (2) Morisipa initiation (<} Autonomous legisition (4) Parimentary legstaton Answer (2) © What wae apecifcally declares by the Supreme Court inthe Debi Laws Act ate? Answer using ene Bean elon ) Legislature should notdelegate its exzential function, (Excessive delegation of pawers can be struck down by courts ii) Extension of laws with certain rmasifestion ane by changing the underlying policy ef lageltion is allowes. (fo) Legstzeure shuld teat tay down seaman in the dalagsting At leaving the delegate with the powarts make rules to execute the policy aid dow inthe Legisaton Codes (=) Gi, td BBG. Answer (d) 7. Delegated legiclation in India can be decided for postCorstitution period. This was held by (2) Queene Bur (5) Re: Delhi Lowe Act, 1942, AIR £954 S032 (c} JN. Gupta v Province of Bihar [é) Both (2) 2n¢(c Answer (2) & What ie the sisnevantage in delegetes legislations? (2) Incase of gross violation ofrights ofthe people, delegated legisstion can be witherawn/ amended sutably without much delay (2) There are chancento misuse the powers which ingiven bythe parent act and thereby the executive may enjoy mare power than the Parliament‘Nature, Scope and Development of Administrative Law 16 fo) Bath(a)are (8) (2) Nether (3) nae (bh snawes (6) ©. Conditional leisttion under the administrative law is fa) also known assuborcinate | legiaton, the suborcnate authares can use ‘their discretion (b) als known 2s contingent legilstion. No discretion con be enjoyed 25 there fz no rule ‘making pewer(c] Neither (a) nar) (a) Both fa) and (E). Answer (6) 40. Certain functions which cannat be del (2) Ousterofjurisdiction of courts (2) Retrospective operation (c) Excertia lagititive functions (2) All the stove, Answer (2) 31. Which ane ofthe following ststementis rue? (a) Delegated legislation cannot have retrospective eect (2) Delagetes lgintstion cn have retrospective affect, i suthorines by Actor Statute 30 (c]_Delagetes lginntion can have retrospastive affect, ifnt authorised by Act or Statute but have reasonable and rational jusfication (4) None of the above, Answer (6) 32. Whien ane of the following is nat an instance of delegated (2) Fowertolegiciate Power ta bringian actinte operation [e)_ Power to filin dette (4) Powerto remove diffi Answer (2) 25. Chases the function whieh eannet be delegated under the administrative lw. 2) Power to gjve retrospective effect (3) Appointed dey orcammencement ofthe Act (6) Application of existing laws (4) Suspension of operation of sil any af the provisions ofthe Act snzwe (2)‘Nature, Scope and Development of Administrative Law 7 14, The “remavalfificuties' clause ina statue is seo known (=) Heneryv esuce (8) HeneryVietause ()Henery clause (e)—enery 27113 cause Answer (e) 15. Delagated legislation must be controlled so that itcan be properly exercised. What isthe control of elegated legislation? (ah ParTamentarycontral (b) Precnsurs|eartrl (2) Judisial ears! (e1Allofakeabove, Anzwer () 25. Tha basis of judicial review of dlagzted legisatin i: (@) Doctrine of abdication (2) Dectrine af utrevires (©) Doctrine of celegstussnorspotest dele [} Doctrine af Pith and substance newer () 17. The Re Delhi Laws Actease was decided by the majority of Answer fe} 18 The basic concept of Delegated Legisaton cencter Gelegation of power (2) Voting (e Relemating (©) Administrative (eJectciat Answer (6 13. Delegated Leristation means delegation of power— (a) from execution t jusictary [B] Fomministerto executive (e) rom jtiano laginzture (2) from legisiature to executive Answer (2) 20. Supreme legation means (a) legislation enacted by he parliament‘Nature, Scope and Development of Administrative Law 18 (2) legislation enacted by state lesisature (c) legislation made by any other bady except pastament and state leisure (€) Botha) nao) Answer (6) Both (a) ar (8) 21. Factorsresponsible forthe grawth of delegated lezisletion are: (a) Pressure upon paciamentary time (b)Technicalty of subject matter (<)_contingeney provision (4) Allofthe above Answer{d All ofthe above Fr 22, “Henry Vill clause" is related to: fe} Principle of tural Justice 5} Administrative Dzeresisn () Rule ofLaw (4) Detegated Lesitetion Anzwar:(a) Delegated Legislation 25. “Delagetur Non Petere delagare” iterally means that (=) Delegates cannst further delegate )Dalegsten can further delegate (c)_Debegstee nae verywice power (¢) Delegates con evercize his power arbitrarily Anzwar:(2} Delegates cannot further delegate 24. Delegated Legislation ean be classifies ints (2) Subordinate Legieation (8) Conditions! Legitstion (©) Botha) nao) (2) None ofthe above Answers) Both (3) and (b) 25. “Conditional Legislation refers to 2 statute that provides control bu specifies that they are to came ine effeszanly when a given administrative autharity finds the esrtence of cor sHatute’ wha defined conditional legislation inthe saié words? ns defined in the‘Nature, Scope and Development of Administrative Law 19 art fe Austin fe) ee Davie (8) Mer Sennings Answer: (a) Hare 25. In which ofthe following legislation, legislature makes the lnw more complete in itself but leaves ito the eelageten zutharity/ executive to bring such aw ints operation whan the nacassary conditions demanding such operation: are fulfilled (=) Conaitonsl Legitstion (e) subordinate Legation (©) Delegates Lesisation (6) Noneaf she above Answer: (2) Conditional Legislation 27. Emperor Bencarilal ita leacing case on (=) Concitional Legistation (b) Subordinate Lesislation {c} Delegated Legilation (e)Nore of the stove Answer: (2) Conditional Legislation 28. In which ofthe folowing country delegated legisation iz nat recognized: fe usa. fey tncis ue (6) None ofthe above Answers(2} USA 29. In whieh ofthe following. Fmt: fa} Re Delhi Laws Act Case /e200, SC approved the concept ofdalepsted legislation ane sieureed itz (Queen Burch (c) warts Prosadu State of Miachys Pradesh (2) Noneafthe above Answers} Re Delhi Laws Act Case 30. Which af the fllowing judge gave minority opinian in Re Delhi Lowe Aet eee‘Nature, Scope and Development of Administrative Law (2). ia) J. Mahan (hose (eh aie Answer: Fas 31. Which she following was theft cae an delagetd legslation i Indl: (=) Re Dettitzw tercose fe) Queen. Burrah (c) Darks Prasaew State of Machys Pradech [¢} Nove ofthe above Answer: {8} Queen v.Burrah (Given by Privy Counc) a 32. Harlahanar Bagla Sate of Machys Pradesh ia leacing carson: (=) Coneitionsl Legislation (B) Subordinate Legiseton (6) Delegates Legisation 33. Darshanal Mehra « Urion af india is leading caze on: (a) Conditional Legilation (b) Excessive Delegation (c) Deleested Lesisation (e) Mera ofthe shove ser (b) Escansioe Dalagation 34, Alas Oyale Indanes Ind. State of Haryaraisalending case on: (2) Pariamantery/leptative control () Control of delegated lagilation (©) sucicat contra (e) Subordinate Legictetion Anawes (b) Contratof delegated begisiation 25. arin State of ajanthan fa lencing este on (a) Publication () Deaf Rules (e) Jesical cone‘Nature, Scope and Development of Administrative Law u (0 Levins Answer (2) Publication 38 lgrorantis jute non excusst rule applies to: (2) Published tows (6) Drafe ules (2) Judicial Decisions (0 Layieg Anawer (2) Published Laws 37. Procedural antral mechanism includes which ofthe fllowing components: (2) Pre Publicstion and consultation (2) Publication of elagatad lniziation (ec) Laying tthe rules before she legislature (4) Allofehe shave Answers) Allofthe above 38, Jsiial cortralis enercges aver delegtted legislation on which ofthe following basis: (2) Consttutonality of arent Act (8) Consttutionaity of celegsted legis tion (el Substantive ultra vires (4) Allofthe shave Answer:(a)Allofthe above 33, Rulesmade by the subordinates are declared ta be substantially ultra vices an which af the flowing peunde (2) Consttutionaity of parent set (6) Constnutionality of delegated legiletion (e) Substantive utr vires (2) Allofthe shave Answers) Allofthe above AO. Dalegsted legislation is subject to the follow (2) paiamentary (2) jue (ehboth‘Nature, Scope and Development of Administrative Law (@hnone Answer: (e) both 41,“ Rbdication text was given by: fe Kenis (i Maehew (Coke ther Answer (b) 42, The Daroughmore Committee, cecammendad for better publication and control of subordinate legislation. This committee was formed in the year f=} 1930 11929 3are fe 1927 fe) t924 Ancwer () 43, Parliamentary control of delegated legisiation can be done by way of the Bll before the Paciamert Wich of the following is 2 val form af ying: 2) Simple Laying () Negative Ls (©) Attiemstive Laying [¢) AlloFthe above Anzwer (e) 44. In which form of laying the rules 2nd regulations made by subordinate leglation come ita effect as nen ae they at aid before the Patiament. Tha concert ofthe Patiamant with respect toite approval efehe rule and regulations made are net require: (2) Pasitve Laying (G) Simple Laying {cj Negative Laying (¢) All of the above Ancwer () 45. In which farm af laying, rules and regulations madi by subordinate legislation come ine force a2 soon a they ate placed before the Parliament but ceaze to have eect i cisapproved by the Pariment:(2} Simple Laying (b) Affiemative Laying (e) Nagesve Laying () Noneof the shove‘Nature, Scope and Development of Administrative Law Answer (2) 45, Inwbich form aflaying ules and cegulasions made by subordinate legislation zhall nat come inte stfect unless approved by both the Houses ofthe Parliment (3) Simple Laying (2) Affirmative Laying (e] Negative Laying (4) Noneofthe above ® 47, When administrative authorities further delegste the pawer delegated a them itis hrown a (2) eub-celegstion (5) suachdelegetion (sc) redelagation (4) conditional delegation Answer (a) 423, Commitoee on Minister’ Fower (CMF) or Donoughmore Committee Report is relsted to: (a) Peincigle of natural juice (6) Administrative ciscretion fe (@) Rule of taw Answers (e) Delagetes Legation 49, Concept of Delegated Legilation increased in which cemury (2) tah Century (5) 198 Century (e) 20h century (4) $78 Century Answer-(b) 18th Century 50. How many types of nying are recognined under Indian Administrative Law? fh Fe (four (Tw (2) Tees Answer(@) 35. Concitionallesisation under the administrative law is‘Nature, Scope and Development of Administrative Law m4 [=] _ ko known se subordinate, While making lapiistion the suberdinate authorises can use their (s)he known 22 contingant lagisaton. Ne dieration ozs be anjayad ae tharels ns rule-making power (2) Both(a)ane fo) (g) Neither (z} noe (5) ® 38 ite 52. What Was specifically declared by the Supreme Court inthe Re Delhi Laws Act case? fa) Legststure should not delegate itz essential Function (e) Excessive dalagation of powers can be strut down by courte) Etersion of inva with eertin ratification: and by changing the underlying policy of legislation i alowed (g) Legiesture shoulcitelflay down standard in the delegating Act allowing the delegate withthe power to ike rules to execute polity sid down inthe lepitleion. Cada: ower) “The term Delegated Ls Intion may be ured in (a) four senses (b) three senses ) single sense (@) twosenses Answer fe) 54. The Privy Council applied the dactrine of conditional lgislstion inthe matter of — (2) Jatindranath Gupta « Provilee of Bihar (AIR 1983) (be) arishankar Baga v State of MLP (AIR 2954), (c)_ Emperor BerosriLa! [alk 2945) (e) Narendra Kumar Union of nia (AIR 2860) Answer (c) 56. ‘Postnatal Publiity i one of the fourth stage of contral of administrative rule-making {o Jutcil ()Foviamentary (2) Procedural (6) None ofthese‘Nature, Scope and Development of Administrative Law 25 39 57. Classification or forms of delegates legion includes: (2) The based cbesfieation ® (©) Purpose based etssifestion (@)aitofthe above Answer: (6) All ofthe above HH. Ine Delhi Laws Acteat, Hon'ble Supreme Gaurtheld thet cennct be delegated. to) AnaliaryLegsatve function (B)_Implicg Legislative function (<} Expressed Legislative fant (¢) Essential Legistative Function Answer: 6) Ezzentsi Legislative function 59. Doctrine of excessive delegation includes: (2) Skeleton Legislation (®) Power ot inclusion and excusion (©) Redication rest (e)_Allofthe sbow Answer: (6) All ofthe above 60. Parliamentary control of éelegstec legststion is consieres ass rormal eorattutonal function because: (a) Parliaments duty bound ta look after Executives (e) Executive is responsible to the Parkement (©) Both(2) ana go) (@) None of the above Anzwer() MULTIPLE CHOICE QUESTIONS. 2. Theddoctrine of reparation of power ean be mcplsinad by which of the folowing? (2) Same perzon should not form the part of more than one of the three organs of the goverment‘Nature, Scope and Development of Administrative Law 26 (6) Same person should not farm the part of more than two ofthe three organs of the government (e) Same person should natfarm the part af any argan of he three ergangfthe goverrunens (d) None ofthe above. Anzwer(2) 2. Which one af the following ie not a key fexture of the geparation of powers? (@)Thesame persons should not farm part of mare than one of the three organs of government (6) One orgen-of government should not control or interfere with the work of anather (e) Everyone isequally subject tothe law 4) One organ of government should not exercise the functions of another. Answer (2) 3. In which judgment twas observed that “the Indian Consitution har notindeed recogrised the octrine af separation of powess in its absolute rgicity but the functions ofthe ifferent parts or branches of the govermmant have been sufficienty aifferentiateg”? (2) AX Gopslany State of Macros (2) Ram dgways Kapur e Sete of Punjst (€)_Maneta Gandhi v. Union of Inca (@) —Keshavananda Bharati State of Kerala, Answer () 4. —_zzerton [Indian Constitution has nat recognised the Doctrine of Separation of Powersin fs sbolute rg Reston (f): Doctrine of Separation of Fowars accommodates 2 system of checks and balances. coees (2) Bath (A) 2nd (8) are true ara (Ris the comect explanation OF (a (b) Both (A) and (R) are true but) ic rt the correct explanation OF A) (c) (Apne bur(a) tee (2) (Ayiefatee but) eeu Anewer(3) 5. Whichofthefollaming tstementsare tue? Consttutian aflndia dors nat fallow avist separation af powers Constitution ofIndia accepts strict separation of powers (ii) Constitution of india proves for independent judiciary fio) Parti the Constitution i enforceable in the court oflaw Choose the appropriate one: oT‘Nature, Scope and Development of Administrative Law 2 oe me @ wEDG Answer (2) & —_Dactrine of Separation of Powers was gystemticalty formulates by @ Pio (e) Mentessuiew (Dicey (2) Aietae Answer (8) 7. Administrative lw administered by the ministrative Courtsin France iscalled: (a) us Chile (b) Droit Adennistrati(e) Juz Gentium (f) Jus Trt Aeawer (8) 5. Read the Assertion (A} and Reston (R) sre answer by us the codes givenbelow: Aazemtion (A: The system of Oreit deminttrattie net atl asad an the doctrine ef separation of powers, Rezsor (fj: The most orginal aspect ofthe French Aciministrtive Law isthe independence ofthe sdministretion efrom judicial contol oes {a} Both {A) ane (Rare true and [fis the correct explanation OF A 8) Bath (A) and(R) are true but (Rc rot the correct explanation of (Ap () (Atistrue bur ay iatabe (2) (Avistate bur) ietrue. Answer (2) S Which doctrine of administrative law is'iutory’dectrine because of many exceptions? (2) Doctrine of separation of powers () Releoflow (©) Dactrine of plessure (2) Deetine of properinaiy Answer (2) 10. “Probably the principal cacrinal barrier to the development af the administrate process has been ‘the theory af separation of powers" This statement has been made by fe) Madizon‘Nature, Scope and Development of Administrative Law 28 (B) Wade ard Philips () Marsesguiew Davie Answer (2) HL. "Akthoughin the constintion afta there ie no express seperation of powers, te clear that 2 legislature is created by the constiution and detailed provisions are made far making that legislature pass laws. Does it natieply that unless it can be gathered fram other provisions of the constitution, other bociesenecutive or juiciakare not intended to cicharge leisztve functions” was observed by: 3) Justice AR. Kann (B) Jastce Hideystulah () Justice Kania (2) Juree crane War Answer (eh 22, “Inthe British constnution there iene auch thing athe absolute separation of legilative, execu 4nd judicial power In practice iis inevitable that they overlap. Inthe constitution of france and U.S.A steempts ts kagp tre angen of the govermmane rigidly apzrehave bean msi But have proved unruezessful” ‘This penton of asetring of separation af powers has bean summed up by? (2) Pr Ulmer () Pree. sham (©) Wade ara Philips (2) Donoghmore Committee Answer (eh 13. ‘Theory of doctrine of separa Britain b) Cina (U.S.A. 0 of powers fdsits highest recognition in the Constitution of (1) (ehieais Answer (eh 14. In which ofthe folowing country dactrine of separation af powersis nat followed? usa BH) tneia (Brien (France Answer (3h 25. Which Arici of neian Constitution pute an ablgation ver the state to separate the juicy from the ececutive? (2) Artice 328, () Arice 30‘Nature, Scope and Development of Administrative Law 29 le) Arete a2 (a Arvicle 5 Answer (b} 28. Ofigin of the concept of Droit adminitatit ic embeded ine (2) US. ={c}Geemany (a France Answer (e) 27. Inlindia, the Doctrine of Separation of powers has not been accorded 2 constitutions status. Only ae of the articles f the Indien Constitution ensures the separation af juciciary tram the executive, The related article ie— (a) Ar'50 fe Anas ne (Anse Answer (3) 18. “The indian Constitution hat not indeed recognized the doctrine of separation of pawer i tt absolute rigidity but the functions ofthe different partscor branches af the government have been sufficiently eiffereniated and consequently iecan very well be said thet our coratnution does not contemplate astumption, by ne aigan or part ofthe state, of functions that exzentially belong to another Supreme Court made this observation in? (2) Eaward Mill. State of Punjat (6) HasiShankne Bogle «State of MP. (e) Indira Netra Gann Raj Narain (4) RamJewaya w State of Punjab Anzwer (@) 29, Inwhich ofthe following case, Supreme Court observed that “Athough the doctine of separation of Powers hoe not heen recognized uncer the Canstaution, ts makers have meticulously Geinec the functions cfvarious orgens ofthe state" (3) Asif Hameed v State of lammu and laaherie: (2) Ingirs era Gant Raj Narain (@) Manuka iladias Chauhan v State of Guiarat (4) Ani Kumar Union ofits Answer: (2) Asif tameed w State of Jammu and Kashi 20. Inwhich of the following case doctrine of “separation of power" was discussed in detail (2) Asif Hameed. State of lammu and Kashmir (6) Indira Netra Gandhi Raj Narn‘Nature, Scope and Development of Administrative Law 30 (c)-Mansulhial vithiscae Chauhan State of Gujrat (4) AnilMamse ths Union of Inia ngwar(2) 2. India follows which form of government: (2) Presidential form of government (b) Pariamertary form of government (2) Mature sft (@)—Noneof the above Answer: (6) Parismentary form of government 22. Governing powers of state are vesied in ce eo (2) Governor (4) None ofthe above Anawer: (6) Govemor 25. Whe smongete following was the fret rodern writer to demand sepzration of power? (a) Aristotle (sean Bodin f) Avstin (e) Soentes Answers} ear Bodin Lew 50 24 Aptana hae mantisnas which ofthe following 2: branches ofthe government: z) daiberstive a q (judicial (4) Alletthe above Answer (¢)Allofthe above 25. Who among the following had given systematic and scientific farmulation ta the separation of power: (2) Leche‘Nature, Scope and Development of Administrative Lew 31 fe) Arnot (2) Montesquieu (4) Jean Bocin Answer fe) Montesquieu 28. “Two Trestises on Civil Govemment™ was written By fe) Aust (6) Bentham [e) abn Locke (4) Wade are Pitips Answer fe}obe Locke 27. “Ordinarily the executive power connotes the residue of government function that remain after legislative and judicial functions are taken away" was cbeerved inthe case of fa) Rai Sahib Ram Jeways State of Paria (eRe Dabhitew Aer (2) Inara Neneu Gana. Raj Mareum (3) Hefis Hameed State of Jammu and farhmis ‘answer: (a) Rai Sahib Rall awaja, State of Punjab 28 “Indian Consttution hav intees not reenprites the doctrine of separation ofpowerin te abealute Figicity but cifferent branches af the government has been sufficiently cifferentiated and it can be very well sid that aur constitution Goes no t contemplate assumption ofall power by ane organ or partof the functions thet exzantilly belong te nether” This wee observed by 2) Gl Changrachue (2) Mukherjee Sepscstion of Powers 51 piciRay (4) C1 icayztutsh Answer: (b) Cl Mukherjee 28, Whe amangithe following abserved that "Separation af power iz a part ofthe basic structure of the sonsttution”:(a) Justice Mahajan (e) Neste Bes (ce) dustice Kuldeep Singh [3] Justice Dalbeer Bhandari‘Nature, Scope and Development of Administrative Law 32 Answer:(b) Justice Beg 50. “Although the eoetine of separation of powers hasnt been recognites under the Constitution. fs makers have meticulously defined the functions of various organs ofthe state" this observation was given by: (a) dastce Makajen () dustice Be [tice Kuldeep Singh (6) Justice Datbeer Bhandari Answer(c] letice Kuldeep Singh BL. Des Pouvaure means: (2) Separation of Power (2) Arbarariness of power (eo) Malefige verean of poucer (2) Abuse of power Answer: (2)Separation of Power 32, ahr Locke has cv {ed government ita which branches: (2) legisistive (5) executive (el feserative (4) Allofthe above Answer:(¢) All ofthe above 35 "DeL'Eepivie Des Lei” was writer by fe) Austin (2) Bentham sz ( Montesguinw (4) Pouna Answer) e 34. Montesquieu has dviges the sate into which ofthe following branches: (a) Executive () Lepielatve (a dectcia (4) Allofthe above‘Nature, Scope and Development of Administrative Law 33 Answer: () Allo the above 35. Which ofthe following country follows separation of powertn strict sense: fe) usa (e) Inca (ep Briain (@) France Answer (2) USA 36. In which exes ear sharved that “the doetine of repzration of powers haz no place inthe system of goverment that India har st prevent, in our cansituion”: (2) Barn Jawajs w State of Punjab () ReDettitaw scr (e)Insirg Netw Gamat Rj Mireur (@) afin tamed v State of lamenu 2nd Kaskenie Answer: (o) 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. () Deaton implies powers mabe zchsice betwen sltematve esurres of ation (i) Discretion impses powerta de according to Will anc private affection (Fl) Dizeretion i an undertanding ciasern between right snd wrane (=) Only (iscarrect () (ane oats saree yi) an i are enrace() Azra ener. Anawer (2) 2. Which ofthe folowing isthe bac feature of ciscretion? (=) Fowerto make choice between alternatives (b) Powers mabe rules in avarice of paware confirmed by {c)__Powerto review the decisions of subordinate officers (d) Power to adjuticate sdministative eputes, Answer (3) 3 Which af the following ictrus about the gigeretionary power? (a) Disereton ithe pewerta make choles by applying the principles af rule ef law (b) Discretion ithe power sa make chaice an the basis of principles of ratural justice‘Nature, Scope and Development of Administrative Law 34 (c)__ Discretion isthe powerto make giving due repar-to the legitimate expectation of the affected parties (4) Discretion ithe power ta make choice between different courses of action Answer () 5 4. When an administrative suthority frames cules an regulations, this function i (3) sii function (b) squasijecicsl function (2) an seminisestive function (4) aquasiegiconive function Answer (8) 5. When an administrative authority iscues or cancels icences iti an: (a) Administrative Fonction (b)_Lagicneve fonction (e) Guasétepiestve function (6) Jusieis-funesion Answer (2) © Who of the folowing thinker said that “diacreion is #sience or understanding te discem Between ‘lety anctruth, betwean right ana wr snd norte ap zecaraing es Wil znd prise section’ (2) SieWordennings (6) Edward Cake (Av Dieey (4) Prot Upendra asi Answer (b} 7. Which ofthe following statements are correct. Select from codes below (1) Acminisrative action is witcretionary in nature (2) Theclscretionary power based on subjective ststaction (B)— Aamininraeive authority muse at fay and rezeanatly (4) No juticiat eeview is permissible of 2¢ministrative decision Code: (a) Band 2 are correct (b) it nesrraer but 3 i ecrrace (9 22.3 arecorrect (4) anc dare correct. Answer (<}‘Nature, Scope and Development of Administrative Law 35 & Res Assertion (AJ and Reason (@] and answer using the codes giver below: Assertion (A): It is true that in any intensive form of government, the government can not function without the evarsae af rome ducretion by its afc Pezuan [Bj lving dizeration ts govarnmant offiile is nacazsary forthe welfare cf pase coges: {2} (Ab and (R) are sight arc] isthe right reason for (A) (b) (A) ane [Rare ight But (R)ienotthe correct exptaastion of (0) (A) erin (is wrong a Bat (A) ane [Rh are wrong newer (a) © lnwhich ofthe folowing ground the juscialeview of sn scministratve action be made? (Abuse of power (i) Maia decor Bad futh (si Ireevant consideration (iu) Unreasonableness (a) Gy, (hand i) ae correct (2) Only (sre fi are eoerace (e) Only i an (i) 200 eareace () 809.) (i) ar fi) are correct. Anewes (2h 10. In which ofthe following conditions, the abuse of eccretion2ry poweris infecres? i. Use for improper purgose i, Mala fei, Relevant consiceratian iv. Leaving aut ierelevartcontiertion Answer using coder giver below: (a) Ordy iis correct () Onlyiandi srecorect (©) Oni. ane are correct, (6) Alofsbove arecorrex. « 11. Which ofthe following i» groure! fr judicially attacking the evercise ef administrative diseration? Anzwer by ating code below:Nature, Scope and Development of Administrative Law 36 58. (1) Unravires the law (2) Mala fide intent (3) Arbitrariness, (a) relevant considerations f=) (8) and 2} arecorect (e) (2) and) arccorrect, @ 2) and (3) are correct, @ (3) ane (4) ae correct. 0. Answer(e] 12. Which ofthe following statements are true in relation to judicial cantral an exercize of administrative (1) The suthovty ic teamed notes have axarite je diteretin 30-2 (2) The zutharty has not exercized its tseretion property (5) Thereizan excess or shure of ticcretion (2) Exareice of wievetion is frame mawhare fect rights ofthe parties Coser: (2), (2) are earnest (b)—orly(tht2)arecorect, (ony (2. (5) aecomrect, (8) onty(2. (2. ()arecorret sAnewer 15. Answer the followin using the codes given below In wich of the follawing grounds the jucicial review of an aciminisrative action be made? () Abuse of eiscreson (H) Mate fide or Bee taeh (ii) rrelevant consideration (iw) Unreasonableness coves (2) Orly i) ane (Hare conect (8) Only {and (are corest (6) Only a) ane (a ace correct (2) 0.68) ane Gu) ace coerce Answer (6) 44, Abuse of discretion can be inferred from the following circumstances, Find aut the answer from the codes given below:‘Nature, Scope and Development of Administrative Law 37 i Nen-appication of mine %—Colaurable narcize af power i Nen-sbservanee ef aueisiteralit partem. i leelavant considerations. Codes (a) Only (Viscarrect (8) Orly (ane (i ave correct (6h Orly (a) ane ave correct (@)—Orly(5). i)and are comece Answee (6) 15. Which one of te folowine Inet treated ae abuse of eseretion? (2) Mata fee enercize of power (2) _Leaving out irrelevant consideration (c Using the power for impraper purpose (a) colouable exercise of power answer (b) 18. Which ofthe folowing statement/statements isfare correct? Give comectanswer by using the code given below: (1) Absolute discretion ia ruthless master (2) Where reasonable cancuct of government officials expected, the criterion of reasonableness is subjective and not objective (5) Every aetien of the aveeutive government must fe informed with excuse snd should be arbitrary (4) Exemise of cretion isan inseparable part of sound administration. coces: (2) Only (2) sn6 2) are eoreeee (8) Only (3) ane (4) are correct (2) Only (2) ane (6) are correct (4) Only (2) sr (a) are correce, @ 17, Theeoetrine of Acting under Dictation’ is appied inthe cote of (3) Abuse of eizereton (B) Failure to exercise discretion c] Unreasonable exercise of discretion (Arbitrary exercise of Sacretion. Answer (b)‘Nature, Scope and Development of Administrative Law 38 18. Inwhich ofthe fllowing conditions, the shure of discretionary poweris inferred? (2) exerci of power Forimproper porpose (6) colouable exercne of power (6) mals Fle exenite af power (2) leaving out Erelevart consdertions Codes: (=) Only facet (2) Only fn) ame (2) ae correct} On (nf) are! c) re corec All of above are core. SS Annwer(oh $9. Whichof the flloinc is nat an instance of nan-enercise of discretion? fa) Mate fide exercze of power [b)_Nonsappticetion af mind [e| Acting under dictation {d) Fiterng Answer) 20. Discretion. when appliee te 2 court afjustice, means sound dteretion gulted by lw le must be rovernec by rule, not by humour, it must not be arbitrary, vague and farcful but legal a regula. This slbservation wat madein (a) Union of india Kuleeep Singh (b) Reliance Airport Developers (F) Las Alegorts Authority af nia, (©) Maneta Gandhi. Union of Incia (a) Nationa Insurance Co. Le. fiashav Bahadur Answer fo) Aeminitrative, 23, Match Rist! with Lishiland gelectthe correct answer using the cates given belo Ler) Lie (a) Abuseoteiscretion 1. Ruleof Lew (b) Equality before lew 2. Lackof Power (©) Relegete legislation 3.checkane Balance (2) Separation of powers 4 Urawires Codes: & Ge @ mer 4 3 es 3 2 fo 4 2 Answer) 22, Match she Lise! with Vata select she correct anewer sing te codes given Below‘Nature, Scope and Development of Administrative Law 39 Let Lael (A) HariKrishra Bhargav {i} ‘Delegation of exential Union ofingis legislative fonction (2) Gostey Phips Inia te.) Principles af Interpretation to we State ofp. void aves lapping {0} KO. Gsjapati Narayan Deo (ii) Power ofPaslsment to levy w State of Orie ‘ties on income ather than Agricuturat Income (Dp re: The Dethi Laws Act Codes: ® eee 2 & wmE &) Cy (oh A AD (2)(5) GiGi). i) Colourabe Legislation snawer() 23. Inwihich of following cates the Supreme Court of Incia made reference to legitiate expectation’ 13 review the a¢minisrative action? (2) State of aryana u Darshana Dewi, (0) Stste oferaia 6. Madhavan Pals fe) Manavie Singh w State of Rajasthan {8} SAHELL,A Women Reaaurce Centre x Cammissioner of Pale. (b} 24 Read Assertion (A) and Rezson (Rand find out correct answer using codes given below, sszzertion (4): Legitimate expectation does not grartian absolute right ta 3 claimant Reason (Ri): Legitimate expectation protect the right of fair hearing before 2 decison which resus in egating 3 promize or witherawing an undertaking taken (2) (A) anc (Ry are true anc (RE correc explanation of (f(b) (A) are (Rare true, but pis not correct explanation of (A) (e)(A) sarue and (Rt sales () [Ais false and (8) istrue. 54 Answer (>) 25. Implieg eslution of jusicial review in administrative zetions may be infered by tarm used in statutory provisions, as— (a) ifthe authority issatisfed () iftne action is desirable (c) If tappears neceszary (2) All ofthese 6S. Answer} 25. Jeicial review ofan adminiztrative action means‘Nature, Scope and Development of Administrative Law 40 (a) Review by the Pasiament (2) Review by the Government (ec) Review ny the Legisatve Assembly (6) Review by the Juciciary: Answer () 27. icin Review deste with (2) the supervision and monitoring ofthe activities ofthe official of various government cepartments (6) the review by the judiciary af its own decisions ([e)— the review bythe juciciry of the administrative anc legistative acts (4) the review by the judiciary af the case laws witha view to apply inthe eave st hend. anawer (c} Adntinstative, 28. When reviewing stministrative action, the Court's duty isto confine itself te the question of legality fare the ground|s} for cial cevien? (2) Committed ar error af aw or rceedes ite powers (6) Breach of naturaljustice or decision without resson (| Both fs) ene! {8} (d) Rane ofthe shove Answer (e} 23, Rene Ansertion (Aj and Reston (A) ane answer using codes given Below: Assertion (Al: Injucial review of administrative actions, generally the cours would not interfere with the marine ofthe caze by ambarting upsn ineuity int the feet Reason (A): Courts can review the procedure through which a decsion has been taken by the adminiswative authority but cours cannat supplement its own decision and act as appellate court aver the aeministrative authority coees [s) Both (A) ana (Rare covrect an (Rl ithe correct explanation of (A) (2) Bosh (a) ane Rar carer ut) snot saree explanation OF(A) (eh ie igh bum) wrong (2) (Abie wrong buf erg newer) 30 Rese the terertion (a) ane Rezson (Rane answer by using thecades given below: Ascerion (Aj The court can direct competent authority to exercise disretion in accordance with lw but court cannot gist to mverciee the discretion in 2 particular manner. Reason [f}: The Supreme Court strikes down 2 dcivion of competent authority on ground of extraneous consideration’ and improper purposeCotes &) @ « fe) 31. ‘Nature, Scope and Development of Administrative Law AL Both (A) and (R) ave true and (R} isthe correct explanation oF (A) Both (A) and (Ri) are true but (Rj is not the correct explanation af (A) (Avis true but (A) ie alee (Avis alee but (8) ie true. Given below are two statements, one labelled ax Assertion (Aj and the other labeled 2s Reason (R)- Rese the statements and choose the correct snawer uring the cade given below. Assertion (AJ-Judicial review of administrative actions under Arcies 32 and 226s part ofthe basic structure ofngian Constitution. Reason (R}:It was held to be 30 by the Supreme Court in L Chandra Kumar. Union ef inca cones & oe © @ 8 “Both (a) ané(R) are true an (Rin the correct explanation of (A) Both (are (R) 20 tue, but (A) isnot he covet explanation OF (A) (Avis rv, bu (i false (Avis fase, but (R)Estue. Anawer (3) 32. The "Wednesbury principle” is elated to: e oe © @ 67 Administrative Low Service Low Labour Law Banking Law. Answer (2) 33. Which of the following not considered “er=tional_ on the batis of Wecneshury principle 2 sid down in Associated Provincial Picture Houre Lig. «, Wednesbury Corporstian, 1948 (KB)? & oo a, Ee Without the authority ef aw Based on no evidence fc) Ithas sanction of law (d) Its unreasonable Anawer (<) Which ofthe following ia care related to judicial review af discretionary pamer? Adyrinistative, fe) Ashby « White‘Nature, Scope and Development of Administrative Law a2 (2) Associated Provincial Picture Mouse Lts. :Wecesbury Corporation (c) Ridge w Baldwin (4) A. of Hang Kang « Reid answer (b) 35. Inwhich of the following cases di the Supreme Court hale thet the Wednesbury rule was applicable in sdminierative ations? (Indian Railay Construction Co. Lee. Ajay Kumar, (2008) 4 see 572 (b) Shelathe Vieyarei ue stzte of utar Dredash, UR 1902 5¢ 537 (e) Stet ofPurjab uk Mhanne, AIR 200150 343 (4) ALN. Parasurmnan w. State of Til Nadu, AlR 2660 5¢ 40 answer (2) 36. Answer the folowing using the codes sien below: Which ofthe following octrines were develope by the Court te control the administrative actions? (0) Doctrine of Promissory Estappel Gi) Doctrine of Legitimate Expectations. (ii) Doctrine of Separation of Power and Rule of Lat iv) Judicial Activism cones (2) nly i (ane (i are correct (6) nly 4a) and (iv) are corcece(e) Only (9) and i) are correct, (d) lof the above are correct. Answer (dh 37. “Doctrine of praper concept relating t2 (2) Adminztravioe Law (e) ew otPanitian [Workman Compensation Law (ft) Accident Cisim Compansntion Lav: Anza (2) 38. Doctrine of proportionality i: (x) Colsuratle avereie of sieeretion (6) FareoFjuciciat review 6 (6) troutdated doctrine (4) None of the above. oe‘Nature, Scope and Development of Administrative Law 43 32, Wihieh af the fllowing doctrines, seeorsing te Lore Diploek, i= groune for jul review of administrative action? (a) Doctrine of separation of powers (5) Doctrine of Promizzory estoppel (6) Doctrine of proportonalny (4) Doctrine of legitimate axpartztion 62. Answer (e) 40, Which ons ofthe following isnot par of the principle of propartianality? ‘The courteantders what ie necansary te schiave the logtimate sims of x particular peli or (6) Froporsanaliny often involves striking 2 Balance between the benefit o be achieved by do something and the harm that may be dane by interfering with « peruan's convertion rights inthe process (e)_ The enurt nets ze(1) the comparative importance ofthe setus rights bzingclzimad inthe individu! case: (2) the justifications forinterfaring with ov rertvicting each of thaze rights: and (3) apply the propartanality te 12 each (4) Proportional har now replaced unnearonableness 22 ground for judicial review 70. Answer (6) AL. Match the items of List fname of ese) withthe items of Lisl [ground of judicial review! and choose the arrest anamerfram the onde given below Use Gee tt (tame of eae) (Ground of jucicat review) Union of India Hindustan Develapment Carparatian (i) Exraneous consideration (8) Inveuta ofLau, Chanafgerhs Nears Sharma _ i) Lagisonate epactztions (6) Council of civil Services Union us Minister for The Civil Service ii) Puble secauntabilty (8) CentreforPiL Union of (Ge) Proporsionaty Codes ee oe Administrative, 7h. Answer (6) 12. Rese the Assertion (A) and Ranson (R} and anewer by using the coder given Below‘Nature, Scope and Development of Administrative Law 44 Assertion (A): The court can diect campetent authority ta exercice discretion in accordance with law hut court cannot direct to exercise the discretion in = particular manne, Reason (f}: The Supreme Court strikes down = decision of competent suthorty on ground of extraneaus consideration’ and ‘improper purpose’ Coges: (=) Beth (A) are (Re tus and (a) inthe earrace axpiznation of A} (b} Both (A) ane (R) are rus but} ienot the corect explanation of A) 72 fe) (A) ietrus eur() ie iee (c)(A)iefaee but (Ri true Anawer (a) Which ofthe following is 2 ground for judicially attacking the exercise of administrative discretion? Answer by using code below: (2) tra vires the tow (&) Mala fide insert (©) Aetitrarness (6) relevant considerations Cade: (+) (ohare) are conect (2) ane e) ate correct (6) eh (P)ane fe) are corset (©) (01 (ane) ar correct Answes 41, Astatute confer ducetionary powers on an oficial frie use, by denoting expressions he (=) Reasonable 8) Appropriate n Equitable (6) Sufficient coves (=) only (a) incorrect {6} Only f2)and fb) ae correct (6) Ont (B) ane e) are eoraee (22) (01 (2nd are correct Answer)‘Nature, Scope and Development of Administrative Law 45 4S. The expression ‘ultrvire'fterally mesns- {o) Exessive delegation (8) Beyond powers [e}— Vickaion of fundamental rights (e)nesrsiseene Angwer (b) 48, “Absolute cizretion is «ruthless marter itis mare destructive of freedom than any of man's other inventians” Is an observation made by? 1 Edward Coke () Witiam Blackstone (6) Colin Blackbuen (2) Witlam 0. Dougtas Answer (2) 47, “his significant to note thatthe entire development of administrative law is characterised by = consistent series of decisions controlling and structuring the ciscretion conferred on the state and it officers ‘The law always fraving on uncanalised and unfettered diteretian confecred on any instrumentality af the state and tie the glory of s¢minitrative law that such dlacretion hat been through jucicial daicione structured and regulated.” Ths observation was made by? (a) Justice Chandrachud () Justice H.R Khanna (c)dustice ticaystutin (@)sustice 2.8. ahagwati Answer (2) AdWinistrative, 48, Thecourtshave generally atempted to contral he bestowal of admininrative discretion to promulgate leiistion through the dactrine of? (2) Dactine of Conditional Legation (8) Doctrine af exceasve delegation ()—Dostine of Droiz Adminis? (e) Dez Peuveiee Answer (0) 48. Whicnof the follow ofthe Indian Constinution by che State Gaveenment while enacting any legilation? sue is not related to aciministatve discretion vir-Evis violation of Article 24 (a) Kerata «M/S Travencore Chemicals Manufacturing Co (by Seve of West angel Anuar Lie} Shas Nandan Param u State of BihztNoture, Seope and Development of Administrative Lave 46 (a) Ram Jewaya Kapur. State of Punjab Answer (2) 50. Central ofeizeration ata tapes of telegation of powercan be exerci by? (a) adjudicating upon the constitutionally af law thraugh which the powers are delegated with reference ta the fundamental rights (5) adjudicating upon the unsonsttutionality af law (2) adjudicating upon the legality of tw (4) adjudicating upon the formality of nw Answer (2) SL. Abuse of discrtin invohes: [) Improper exercise of poner (2) Unreasonable exercite of power [Proper exercise of power (4) Both (a) ana (0) Answer (d} Both (sand (6) 52 G Seeanandsn u State ofersis its lesing exter: (s) Promissory Exoppe! Mstafie 3 Proporionality (d) Ignocing relevant consideration Answer (b} 55 Malsfide means (2) tn gooe taith (2) wane pasa tei (6) Honestiatention (4) Frienese Answer (b) want of goad fith 54, Malice can be with regard to (2) Maicein tact (6) Malice in law (c) Malice in person‘Nature, Scope and Development af Administrative Law (4) Beth (2) are (8) ‘answer (¢) Both (2} 204 (b) 55. An order essi to be malafice when there i: ® &) Fe) Matcein penion (é)— Matceindusy AAnawee (bj Malice in aw 56. Express Newspaper 0) Ltt v. 110: ies lancing cess on (2) Subjective satteetion: (2) Destine of premitesry extspzal (2) Colourablieexercite of power (4) Matarice Answer (oh Malafice 57. Burden of proving malafigeis on the: (2) person making she allegation and the burden igheayy [b) on both the parties (2) parson apzinut whom the allegation iemate (3) depend: upan che fects and sireummancas Answer (2) person making the allegations 2nd the burden is heavy Seminiztative 58. Featap Sigh « State of Punabi leading caue on: &) Matafee fb) etteringof dseretion {e)_Proportianlty (4) relevant consicerstion Anawer (2) Malafide 52. State af Bombay v K.2 Krahnan is leading cate on (2) relevant consideration (b)lgporing relevant consideration (6) Doctrine of proportionality (4) Subjective satisfaction‘Nature, Scope and Development of Administrative Law Answer (2) relevant consideration 80. JR. Raghupathy w State of AA ie 3 leading cate aa: (2) setnguraerdieetion (b)fetteringeiseretion e noting relevant consideration (2) rretevant consideration Answer ()Inelavant consideration 4g 61. Celourable euercite of power of sisration means, (=) pewerieavercized maisfaely (b) powericexercized impraperiy [c)__poweris exercised on ielerant consideration (e)_powerconferres for one purpose is seking te achinus romathing elas which itis not authorized Answar (s) power conferreg fer ore purpsve in seaking ts have ssmathing alee wich jig mat authorises 62 RS Joshi Ajit ies lating eate on: (=) eelevant consideration (b)_elourable eercan af dincrtion (e)leving out relnvantconsicerston (c) unvessonablaness/sieeeminstion Answer (b)colaursb le esercite of szcretion 83. Dwatka Prasad Lauri Narain w State af. leasing cave [a] unreasanatleness proportionality promissory estoppel (¢)matefidesil Answer (a) unceazorableness G4. Ranjit Singh we 1804 i lene fe) unressonabieness (b) proportionality (©) leaving out relevare corsiderstion (¢)— malafderitwitl Angwer(¢) leaving out relevant cansigeration 65. ifthe poweris exerczes by the aciministrative authority unressonably, then action woule be:Nature, Scope and Development of Administrative Law (a) ra vires () intra vires (2) epenceupon fete and circumstances (2) Bath) sna) Answes (2) ula vires 68. Arbitrarinase results in (2) equaliny (6) firness (0) Giscrimination (d)impartaticy Anzuees (2) zerimination 67. Principe of ressonablanses is doctrine of (2) Penal taw [5] Procedural lowe (o)Substancive lew (4) Administrative tow Answes(d) Administrative lw 58. Doctrine of Promissory Estoppel is principle of (2) Equitable tow (5) Penal law [e) Procedural Lew Adminiztrative Law (z) Equiteble awe 65. Non epplication of mine includes: (2) Acting uncer dicrtion (5) Feteering diccretion (6) None of the above (4) Both 3) and ib) Anawes(d) Both (3) 2nd (8) 49 70. Ranta Sugar Industries Und. w. State of Andhra Pradeah iss leading case on:(a} proportionality (6) subjective satisfaction‘Nature, Scope and Development of Administrative Law 50 [c) fattening disretion (eo maievae Anzwar (o}fettering sazretion TL. Nandial thadidae Barut Bar Council of Gujarat and others is 2 leading case on (a) relevant consideration (e) subjective satisteetion (e) toting mechanieslly snd withaut due esre (6) non pptcation af ming Answer (c} acting mechariclly and without dus care 72. Math the fllzwing: (=) Ranjsingh w 103 (aplerelavanteonsigertion (®) 1. Raghupathy w State of ASR. () ignoring relevant consierstion (©) &.Sadanandan« State afKaraa(e) Arbitrariness (¢)Dwaria Prasad Laxmi Narsin_(¢) Malate we State of AP me 8 eo @ (a) () Answer (A) (B)45) (fe) 73. Mate thefelswings (a) @ @ ey (=) WesrusturyDoetrine (a) Rames_ Super Inusties Stave oF aR Proportionality b) Om Kumar & Ors w LOL Promissory Exoppel‘Nature, Scope and Development of Administrative Law i (¢)Fetering Diseretion & @) & 6B ® & @ @ oo @& © @ ce) @ ce) i) @ lc) Associated Provincia! Picture Haute Lic. «: Wechesbury Corparstion (€)— Gujra state Financial Corporation Lotus Hotels ey a @ @ e Answer () 74 Assertion: An onteris malafice when there izmaice in lw although there ism malice infact Reason: The malice in law ito be infecred when an order is made contrary tothe abjects and purpate ofthe Act (a) Bath are correct but 8 isnot the correctexplanation of (b) Bathare correct and Ris the correct explanation of A le) Aitearmersna Ringaee (¢) Bathare feeNature, Scope and Development of Administrative Law 52 Answer (b) Bath are eavrect and Rit the correct explanation of A 75. Assertion: Burcen of proving malafideis on the person making the’ allegation ane the burden is very heavy Reason: Neither expressed nor implied maficecan be inferreg or zesum (a) Both are correct but ignat the correct explanation of A (2) Both are correct and Ris the correct explanation af A (eo) A eaereet ane Riesaiee (4) Both arate Anzwar[z) Both are correct but Rit net thecerace auplanation of 2 78. Aaserton: Dierstionary paurers must be axercines on relevant cantiderstion Reason: I the administrative authority takes inta account onlyinrelevant consideration then action will be weeravires (a) Both are correct and Ris the correct explanation af A (2) Both are correct but isnot the correct explanation of A (e] A lecaevaet ane mindalee Both are fee @ 77 atch te following (a) Empress Newspaper Pri-Led 1.420% (5) Acting mecherizally with due core (e) State efBontbayu KB.Kechan (2) Malafice (c} Coimbatore Dustin Centra Coup. Bank Cehnistore Dis Cert Ceep. Bank Employee's Association (e} Proporionalty (2) Nandlat hodidar Bar Council of Gujrotand others ® 8 & © @ @ @ @ ®» © © (2) t)—()_—_ a) relevant consideration Answer (8) (8) (4) (2) (2)‘Nature, Scope and Development of Administrative Law 33 78. Administrative lnwis not a cotified lav: The nee for aroee withthe inerase in seminstrtive actions andi dssretionary powers. In the fight af above satement Administrative kaw: (2) Customary law B) Ajudsemade law (6) Internationa aw (2) None ofthe above Answer (bh 79. Wednesbury's doctrine was evahe by fe) Lord Greene (e) Lore coke (Lord Diplck (6) Lore astin Anewer (2) Lord Greene 80. «Wednesbury Doctrine wat avaled inthe cate of (2) Atescited Province Pietures Houses Lav, Wednesbury Corporation (8) Counei of cil Serie Union Minter of he Chil Service (6) Havichand v Moge Diteract Counci (6) FuR. Banta 2302 Anwar (2) sociated provincial plctures houses sv: Wecnesbury Corporation 81. In which cave was observed that “Doctrine of Propartionsbiy” could be 3 future possibilty: (3) Es of Derby's Case (2) Ceuneil oF cil Service Union v Minister fhe Chil Service (e) De Banham’s case [¢) RV.Desldstice/ Exparte Curling Anzwar(b) Ceuneil f Civil Service Union w Minister of ha CivilSarview £2, Doctrine of prepertionsity ean be invoked in caves where puniehmarte i? (=) sr eutrageour defiance of sllopiel ans mavalstandara (2) whan iticimmorst () when iticunreasonable (@) when iisarbierry Anzwar 2) ncutragasus defiance of zl lgies! maralstendare 85, Om Kumar & Ore. w 1102 ie leaeing caee on‘Nature, Scope and Development of Administrative Law 54 fe} proportionality (2) ratevane consideration (e)paresnalbise (6) leaving out relevant consideration Anawes (a) propertinaity 84. Which Law Commission Report recommended introduction of Dactrine of Promissory Estoppel: (=) 107th Law Commission Report () 106th Law Commiasion Report [c}_$08th Law Commiasion Report (e) 10808 Law Commiasion Report Answer (e} 08th Law Commitsion Repart 85. Promiazory estoppel spptes aginst fe) Privaeingividual 1 Government [e) Bath (ah ane) (6) Noneof the above (b) Government 85. Gujarat State Financial Corporation v. Lotus Hotel Bu. Lt. ir lending ease or (a) lrlevarteonsideration Acting under dictation (©) Subjective sztistaction (2) Gactrine of Promissory extoppe! Angwes (¢} Bactrine of promissory estoppel 87. Contra at the stage of eercize of discretion i required because of 2) Abuse of Discretion (8) Non-spptcatian of mine (C) Principles of natural justice (4) Allofthe abave Answer (ell ofthe above SS. Malate =: (2) Roman expression (2) Common iwaxprassion‘Nature, scape and Development of Administrative Law 35 (c)— Latin Expression (2) Expression of equity Answer [) Latin Expression 83, Discretion must be exercaes with regardtto: (a) Relevant consideration (0) Wretevant consideration (e) Extraneous consideration (€) None ofthe above Answer (2) Relevant consideration $0. Astertion: Administrative authority cannot take inte account ertranesus or inrelevant eansiderstion Feasan: Ifthe autharity filets tale into scsount relevant caraiderstion even then the exercise of power would be bad (a) Both are correct but Ris not the covrect explanation of A (6) Both are correct and Ris the correct explanation of A fe] Alzearreet ane mie alee (4) Both preter Anzwer[2) oth are correct but Ris not the corcect explanation of A Administrative Dieration 31. _ Assertion: Disretionary power conferred on an administrative authority must be exercised by that authority reseeratly Reason: ithe powerts evercted unressonably, there it an abuse af powerand the action of the authority will Be ulravies (a) Both are correct but Riz not the correct explanation of & (6) Both are correct and Ris the correct explanation of A (eo) Aiscorvect ane Ris tise (@) Both are tate Answer (b) Both are correct 2nd B isthe correct explanation af A 82, The actual content af an administrative action i alsa reviewed under whats known a3"vilation de Isla which manne (2) contravention of the scape of authority of an administrative bady (6) Nungum Pactum le) Urs vires (4) Violstian ofene nw‘Nature, Scope and Development of Administrative Law 56 73. Answer (2) + MULTIPLE CHOICE QUESTIONS 1. Find the cares answer: ‘The principles of natural justice connotes that: (i) No persan can be judge in his own cave i) No person shallbe condemned unheard. Codes: (2) only i conrect (2) only fyieeorece (4 Ghane (Spare comet (4) Nene ofthe shove are correct. Answer (2) 2. Aasertion (A): The concept af Natural ustice ents two iceas namely, sudislteram partem anc remo judexin causa ua. Reason (fi: Ht is aptly averred thatthe penciplesof natural justice are not fined, but are flex ‘These principles cannot be putin a straight jacket. (a) Both (A) and (fi) are incorrect (@) Both (a) ane) are covrect, (cl (A) incorrect buf incorrect (4) (A)ieineorect but) iecorrest Anmuer (6) 3. Whigh ofthe following are te components of natural justice? (2) Fachescng. rule sgsinet bine and reacaned decision (2) Faichearing and rule against tiasonly (ed rairbeae ad reasoned decision only (¢) Rule zpainst bias and reasoned: con only. Answer (a 4. Natural janice epraceots higher procedural principles develaped by which every administrative agency righterunt fellaw whan taking any zetion 24verealy Hecting the of private inaividusls (2) Statute (2) Dharmashases (eh ucges (2) seis Answer (e)