Ahmednagar Jilha Maratha Vidya Prasarak Samaj’s

New Law College Ahmednagar

And

SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

MAIN EXAM L.L.B.-III (2017 Pattern)

Administrative Law

Name of the Student

Class

Exam Seat No

Reg. E-Mail id

1. Delegated Legislation cannot be controlled by

A. Judiciary

B. Parliament

C. Executive

D. Press

Answer: D

2. Personal Bias means

A. When he wants to be elevated

B. When the person sits as a judge and one of the parties is his relative

C. When he wants some share in the property which is the subject matter of the dispute

D. When he holds the shares in the company which is one of the parties before him

Answer: B
3. Montesquieu propounded the theory of Separation of Power based on the model of

A. United States of America

B. United Kingdom

C. France

D. India

Answer: B

4. A.K. Kraipak vs Union Of India, is a landmark judgment in relation to

A. Separation of power

B. Delegated legislation

C. Corporations

D. Bias

Answer: D

5. Speaking Orders are the orders which are issued by

A. Petitioners asking for relief

B. Private trusts

C. Administrative authorities

D. Defendants defending their case

Answer: C

6. Under Right to Information Act ,2005:

A. Information is furnished on payment of fees as may not be prescribed

B. information is given free of cost

C. information regarding police enquiry is given free

D. Information is furnished on payment of fees as may be prescribed

Answer: D

7. Which of these is not a public corporation :

A. Reserve Bank of India

B. Oil & Natural Gas Commission

C. Reserve Bank of India N. G. O. for disabled persons

D. Damodar Valley Corporation.

Answer: C

8. Whether employees of public corporations are government servants :

A. Yes

B. No

C. Sometimes

D. only till his retirement.

Answer: B

9. In central services categories like sweepers, gardeners, peons, etc. are classified as :

A. Class IV service

B. Class III service

C. Class II service

D. not classified at all.

Answer: A

10. 'Administrative law is a law concerning the powers and procedures of administrative
agencies including especially the law governing judicial review of administrative action'. This
definition is given by A. A Ivor Jennings

B. B K C Davis

C. C H WR Wade.

D . Cessare Becarria.

Answer. B

11. Which of the following statements are false?

1. The Public Corporation can be sued in the court of law

2. Public Corporation is not 'State' under Art 12

3. The doctrine of ultra virus is applicable to public corporations

4. Servants of the government company are civil servants under article 311 of the constitution?

A .1, 4 are false

B. 2 and 4 are false

C . 2 and 3 are false.

D .None of the above

Answer. B

12. The tortious liability of the State was not recognised in which of the following cases?

A . State of Rajasthan vs Vidyawati

B . Kasturi Lal vs State of Uttar Pradesh

C. State of Gujarat vs Memon Mohammed Haji

D .Railway Board vs Chandrima Das

Answer.B

13. The public corporation can be held liable under which of the following the liability or
liabilities?

A. Liability in contracts

B. Liability in torts C.

C Liability for crimes

D. All of the above

Answer. D

14. The tortious liability of the government is recognised in the Indian constitution by

A. Art 298

B. Art 294

C. Art 323
D. Art 299

Answer. B

15. The case of Air India v Nergesh Meerza relating to termination of service on ground of first
pregnancy is a classic example of ……….

A. Acting under dictation

B. Non observance of principles of natural justice

C. Unreasonableness

D. Excess of jurisdiction

Answer. C

16. Excess or abuse of discretion can be through which of the following grounds?

A .Living out relevant consideration

B .Arbitrary action

C .Exceeding jurisdiction

D .All of the above

Answer. D

17. Acting under dictation, non-application of mind, imposing fetters on discretion, sub
delegation are examples of which of the following?

A .Excess or abuse of discretion

B. Failure to exercise discretion

C .Order based on mixed consideration

D. None of the above

Answer. B

18. Which of the following statements is true?

A . All Courts are tribunals but all tribunals are not Courts

B. Tribunals are not bound by the decisions of Supreme Court

C . A tribunal is established by government

D . None of the above

Answer. A

19. The Administrative tribunal have been recognised under which of the following articles of
the constitution?

A . Art136 and Art 227

B. Art 323 A and 323 B

C. all of the above

D None of the above

Answer . C

20. Which of the following is NOT an essential component of the doctrine of Audi alteram
partem?

A . Right of notice

B. Oral hearing

C. Reasoned decision

D. Both A and B

Answer. B

21. When personal hearing is given by one officer and order is passed by another officer, which
of the following principle/s of natural justice is/are violated?

A .Rule against bias

B. Right to hearing

C. Reasoned decision

D.All of the above

Answer. B

22. 'Principles of natural justice are applicable even when the statute is silent …….they do not
supplant law of the land but supplement it'. This was held in which case?

A. A K Kraipak v Union of India

B. M C Mehta v Union of India

C. A K Gopalan v Union of India

D. None of the above

Answer. A

23. Which of the following functions are permissible delegations ?

A. Future Acts

B. Imposition of tax

C. Supplying of details

D. Ouster of jurisdiction of Court

Answer C

24. Which of the following is NOT the ground for substantive ultra vires?

A . Where parent Act is unconstitutional

B. Where parent act delegates essential legislative functions

C .Where delegated legislation is arbitrary

D. where mandatory consultation process is not complied with

Answer. D

25. Which of the following is correct definition of the phrase Nemo judex in causa sua?

A .No man is capable of rendering judgement on himself

B .No man shall be a judge in his own cause

C. No man can punish himself

D. proper justice can be done if the judge is related to the party

Answer B

26. Which of the following is not a control on delegated legislation ?

A .Judicial

B. Legislative

C. Doctrine of ultra vires

D .Doctrine of lifting of veil

Ans. D

27. Which of the functions may not be delegated ?

A. Commencement

B. Inclusion and exclusion

C. Application of existing laws

D. Essential legislative functions

Answer D

28. The principle that by exercising the power of modification the delegate cannot change the
legislative policy was developed in the case of ----------------------------------------------

A. Delhi Laws Act 1912, Re AIR 1951 SC

B. R v Burah

C. Ram jawaya Kapur v State of Punjab 1955 SC D.

D None of the above

Answer. A

29. A V Dicey criticized which legal system?

A. English legal system

B. French legal system

C. Australian legal system

D. American legal system

Answer B

30. Which of the following is FALSE statement?

A. The primary function of administrative law is to restrict the governmental powers

B. The administrative law seeks to protect private interest and rights from encroachment of State

C. Administrative law governs relation between Government and citizens

D. Administrative law is the law concerning organisation and functions of government at rest

Ans. D

31. Speaking Orders are the orders which are issued by

A. Administrative authorities

B. Private trusts

C. Petitioners asking for relief

D. Defendants defending their case

Ans. A

32 Dicey developed his theory of ‘Rule of law’ in his classic work –

A. The Law and The Constitution

B. The Spirit of The Laws

C. Constitutional Law

D. The Law and The Spirit

Answe.B

33. Delegatus non potest delegare means

A. A delegate can further delegate

B. a delegate cannot further delegate

C.delegation is bad in law

D. delegation is not provided to delegate

Answer C

34. Which function cannot be delegated?

A. Essential legislative functions

B. Exclusion

C. Suspension

D. Commencement
Ans. A

35. A delegated legislation may be held valid on the ground of

A. Parent act is unconstitutional

B. Mala fide: bad faith

C. Where Parent Act is unconstitutional

D. Where Parent Act delegates incidental legislative functions

Ans: D

36. When a subordinate legislation fails to comply with procedural requirement prescribed by
the parent act or by a general law, it is known as

A. Substantive ultra vires

B. Parent ultra vires

C. Procedural ultra vires

D. None of the above

Ans. C

37. The principle of Natural Justice is –

A. Audi alteram partem

B. Speaking Orders

C. Nemo debet esse judex in propria causa

D. All of the above

Answer. D

38. Which of the following sentence is correct?

A. A public corporation can enter into contract and cannot sue or be sued for breach thereof

B. A public corporation can enter into contract and can sue and be sued for breach thereof.

C. A public corporation is not a government department, the provisions of Article 299 of the
constitution of India do not apply to it

D. Both b and c are correct

Answer. D

39. Following is the defect of Doctrine Of Separation Of Power

A. Checks and balances between organs

B. Judiciary must be independent from other two organs

C. Prevent an abuse of enormous powers of the executive

D. It is not easy to draw a demarcating line between one power and another with mathematical
precision.

Answer. D

40. A.V.Dicey criticized the French legal system of _______

A. Drone

B. Drone Administration

C. Droit Administratif

D. None of the above

Answer. C

41. The doctrine of Vicarious Liability is based on following maxim

A. Audi alteram partem

B. Respondeat superior

C. Qui facit per alium facit per se

D. Both b and c

Answer. D

41. Article 299 lays down condition which must be fulfilled in contracts made by or with the
union or a state –

A. Expressed to be made by the President or the Governor

B. Execute by a person authorized by the President or the Governor

C. Expressed in the name of President or the Governor

D. All of the above

Answer D

42. Under Indian Constitution, Art.______ authorized to constitute Administrative Tribunals

A. Art.299

B. Art.300

C. Art.323-A

D. None of the above

Ans. C

43. In State of W.B. v. Shivananda Pathak, Apex court described a new form of bias

A. Pecuniary Bias

B. Personal Bias

C. Official Bias

D. Judicial Obstinacy

Answer D

44. Article _________ of the constitution confers on every High Court, the power of
superintendence over all the subordinate courts and inferior Tribunals in the State.

A. 32

B. 226

C. 299

D. 227

Answer D

45. Which is not a principle of Rule of Law according to Dicey

A. Equality before law

B. Judge made constitution

C. Separate courts

D. Supremacy of law
Answer C

46. Administrative Tribunals exercises:

A. Purely Administrative functions

B. Purely Judicial functions

C. Purely Legislative functions

D. Quasi Judicial function

Answer D

47. What is the effect of violation of the rule: “Audi Alteram Partem” on an administrative
action?

A. Mere irregularity

B. Null and void

C. An illegality

D. Voidable

Answer B

48. 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 Vs. Union of India.

B. Maneka Gandhi Vs. Union of India.

C. A.K. Kraipak Vs. Union of India.

D. Smt. Indira Nehru Gandhi Vs. Raj Narain.

Answer C

49. Delegated legislation is ancillary and cannot replace or modify the parent law nor can it lay
down details which are contradictory to substantive law. If subordinate legislation tends to
replace or modify the provisions of the basic law to attempts to lay down new law, it is struck
down as ultra vires. Which of the above statement is/are correct?

A. Only 1

B. Only 2
C. Both 1 and 2

D. Neither 1 nor 2

Answer C

50. Systematic arrangement of rules in a single document concerning a particular subject in a

way as to avoid inconsistency and overlapping. The process is known as ______.

A. Legislation

B. Codification

C. Prescription

D. Administrative

Answer A

51. Right to Information Act, came into force on---------------------------

A.12 October 2005

B. 12 November 2005

C.12 June 2005

D. 12 December 2005

Answer A

52. which of the following is not come under the definition of “ information”, under Right to
Information Act ,2005

A.Log book

B.file noting

C.Data material held in electronic form

D.Circular

Answer B

53. What is the time limit to get information under Right to Information Act,2005?

A.15 days

B.45 days
C.60 days

D.30 days

Answer D

54.What is the fee for getting information under Right to Information Act, 2005?

A.Rs. 10

B.Rs. 25

C.Rs. 100

D.Rs. 50

Answer A

55. ……………….. is considered to be the doctrinal barrier for development of Administrative

law in USA . A Rule Of Law

B Separation Of Powers

C Doctrine Of Pleasure

D Henry VIII clause

Answer B

56. According to ______________ “Discretion” is a science or understanding to discern between

falsity and truth, between right and wrong, between shadows and substance, between equity and
pretences and not to do according to their wills and private affections.

A. Coke

B. Lord Halsbury

C. Prof. Freund

D.None of the above

Answer A

57. Administrative Tribunals Act was passed in the year

A. 1995

B. 1986
C.1985

D. 1987

Answer C

58. _________ means every order must contain reasons in support of it.

A. Reasoned decisions

B. Rule against bias

C.Audi alteram partem

D.None of the above

Answer A

59. The underlying object of _________________ control is to keep watch over the rule-making
authorities.

A. Judicial

B. Executive

C. Parliamentary

D.None of the above

Answer C

60. The doctrine of separation of powers had tremendous impact on the development of
______________ law and functioning of Governments.

A. Administrative Law

B.Public International Law

C.Land Law

D.None of the Above

Answer A

61.” Administrative Law is the law relating to the control of governmental power. According to
him, the primary object of Administrative Law is to keep powers of the Government within their
legal bounds so as to protect the citizens against their abuse”. This definition is evolved by,

A. Wade
B. K.C. Davis

C. Garner

D. None of the above

Ans.A

62. In England, by and large the existence of Administrative Law as a separate branch of law was not
accepted until the advent of ------------------------------

A. the 19’th Century

B.the 20th century

c. the 21’st century

d. None of the above

Ans:B