Administrative Law – Repeated Questions
12 Marks
7
Write a note on Prof. A.V. Dicey’s different views about Rule of Law and
Administrative Law. – 2
Discuss the Dicey’s concept of Rule of law and the modern concept of law. – 4
“Everything must be done according to Law”. Explain this statement with the
help of Dicey’s “Rule of Law”. – 1
Discuss the parliamentary control of delegated legislation. – 2
Explain the judicial control of delegated legislation in India. – 1
Examine the permissible limits on the delegation of legislative power in India
with the help of decided cases. – 1
“Delegatus Non-Potest delegare” – Examine its application. – 1 Distinguish
between Delegated legislation and Administrative directions. – 1 What are the
different classification of delegated legislation? – 1
What is administrative discretion? How exercise of discretion is subjected to
judicial scrutiny? – 1
Discuss the grounds for challenge of ‘Administrative Discretion’ with
‘Prerogative Remedies’. – 1
Discuss the nature, extent and grounds of Judicial Review on administrative
discretion (action). –2
The exercise of discretion must not be arbitrary, fanciful and influenced by
extraneous considerations – Comment. – 1
Discuss the law relating to judicial control of discretionary powers. – 1
Discuss the extent of tortious liability of State. Refer to cases. – 2
Discuss the liability of Government of India in respect of contracts entered by
them. – 1
What are the Constitutional remedies available to the citizens of India against
Administrative Actions? – 1
Explain Ombudsman system in India and the origin, scope, necessity and
functions of Ombudsman. – 3
Discuss the origin, appointment, objects, powers and functions of Lokpal. – 1
Define Administrative Law. Discuss its growth in England, France and
India. –1
Explain the scope and development of administrative law and distinguish it
from constitutional law. –1
Explain the relationship between Administrative Law and Constitutional Law.–1
State the limitations on the Doctrine of “Promissory Estoppel”. – 1
Narrate with decided cases the application of promissory estoppel in
Administrative law and the circumstances under which promissory estoppels
does not apply. – 1
Explain the doctrine of Estoppel with the help of decided cases. – 1
Explain the doctrine of Separation of Powers. – 1
The absolute “Theory of separation of powers” is not possible in the modern
welfare-State – Discuss with Constitutional provisions. – 1
How far separation of powers theory is incorporated in the Indian
Constitution? – Examine. – 1
“The term Locus Standi has been changed beyond recognition” – Elucidate.
The tremendous changes in the concept of “Locus Standi” is an impact of
judicial Activism – Discuss.
What are the privileges and immunities enjoyed by the government in a
Litigation?
“No man shall be condemned unheard” – Explain this statement with
exceptions. – 1
Discuss the various components of fair hearing. – 1
Explain the characteristics of Administrative Tribunal. Explain how does it
differ from court.
Discuss with decided cases and the circumstances in which natural justice need
not be followed by the authorities while deciding disputes.
What is meant by ultra-vires? Distinguish between substantive ultra-vires and
procedural ultra-vires?
Give an account of judicial control of Public Corporation in India.
Explain the rule against bias with the help of decided case laws.
“The rule of non enforceability of administrative directions is very well
established”. – Explain, pointing out the exceptions if any.
Explain the maxim ‘Nemo Debet Esse – Judox In Propria Causa’ with help of
decided cases.
7 Marks
3
Examine the tortious liability of the State in India by referring to decided
cases.– 1
‘The law relating to the tortious liability of the Government for the acts of its
own servants has been developed in India in its own way’ – Discuss. – 1
Explain legal remedies available against the State. – 1 (In 12 Marks)
Distinguish between:
(a) Judicial and quasi – judicial functions – 1
(b) Quasi – judicial and administrative functions
Explain the parliamentary control of delegated legislation. – 1 (In 12 Marks)
Explain the reasons for the growth and development of Delegated legislation in
India. – 1
1
Write a note on the definition, characteristics and classification of Public
Corporation.
Explain administrative tribunals. Discuss the decided case laws whether
appeals can be filed in the High Court against the decision of the State
Administrative Tribunal.
Explain the historical development of the ombudsman system. Discuss how far
it is applicable in India.
“Abuse of administrative functions is effectively controlled by the judiciary” –
Explain.
Explain the applicability of ‘Estoppel’ doctrine in administrative law with
decided cases. (In 12 Marks)
Describe the privileges of Government in legal proceedings. (In 12 Marks)
Define the term discretion and what are the various kinds of discretion.
Explain the essentials of valid Government contract.
4 Marks
4
Laying before Parliament
Laches
Henry VIII clause
Speaking order
Domestic Tribunal
Parent Act
Franks Committee Report
Donoughmore Committee
Public corporation – 2 Chief characteristics – 1
Counseil-de-etat
Government contracts
Herschel’s doctrine
Droit administariff
Statutory Tribunal
Parliamentary Commissioner
Pecuniary bias
Writ of Mandamus
Election Commission
Injunction
Sovereign function
Post decisional hearing – 1 Right to PDH – 1
Administrative directions
A.K. Kraipak Vs. Union of India
Non-Application of mind
Maneka Gandhi Vs. Union of India
Subjective – Satisfaction Discretionary Power
Hiranath Misra Vs. Rajendra Medical College
Declaratory action
Lok-Ayukta
Writ of Quo-warranto
Notice under Sec. 80 C.P.C, 1908
State of Rajasthan vs. Vidyawathi AIR 1962 SC 933
Ultra vires promise
Permissible delegation
Habeas corpus case
Statutory remedy
Malafide
Locus standi’
Official bias
Natural justice
Promissory Estoppel
Colourable Exercise of power
R.C. Cooper Vs. Union of India
Administrative Tribunals
Legislative functions of the administration
Ultra – Vires
Ridge Vs. Baldwin
Doctrine of legitimate expectations
Personal Bias
Administrative Finality
Subdelegation of Ministerial function
Writ of Prohibition
Powers of the High Court Under Article 227 of the Constitution of India
Bonafide
Re Delhi Laws case AIR 1951 (SC) 352
Bias
Alternate remedy
Views of Montesquieu
Ultra-vires in Delegated Legislation
Welfare State
Abuse of discretion
S.P. Gupta Vs. Union of India
Right to personal hearing
Res judicata in administrative decisions
Delegates non potest delegare
Edward Mills V. State of Ajmer AIR 1955 SC 25
Error of Jurisdiction
Air India Vs. Nargesh Meerza AIR 1981 SC 1829
Improper purpose
Kasturi Las Vs State of U.P. 1965 1039
Functions of Copyright Board
Doctrine of social welfare
Notice of hearing
