AMITY UNIVERSITY

RAJASTHAN

(No. of Printed Page(s)- 2 ) Roll No. …….………….

.................. SEMESTER END-TERM EXAMINATION: DECEMBER - 2021

B.A./B.B.A/B.com LL.B.

LLB903 – Administrative Law

Time: 3 Hours Max. Marks: 70

Section A
Note: Attempt all questions. All questions carry equal marks.
1.
(i) Write a short note on writ of Mandamus and explain how it is distinguished from writ of 7
Habeas Corpus.
(ii) Define delegated legislation and elucidate the reason for its emergence in India using
relevant examples. 7

2.
(i) Quasi-judicial body has some trappings of the court but not all of them. In a UK
judgement, Copper v Wilson (1937) 2 KB 309 (340) four requisites of judicial decision was
enumerated–
A true judicial decision presupposes an existing dispute between two or more parties,
and then involves four requisites:--(I) The presentation (not necessarily orally) of their
case by the parties to the dispute; (2) if the dispute between them is a question of fact, the
ascertainment of the fact by means of evidence adduced by the parties to the dispute and,
often with the assistance of argument by or on behalf of the parties on the evidence; (3) if
the dispute between them is a question of law, the submission of legal arguments by the
parties; and (4) a decision which disposes of the whole matter by a finding upon the facts
in dispute and an application of the law of the land to the facts so found, including where
required a ruling upon any disputed question of law".
Write a note on distinguishing quasi-judicial function from purely judicial function 7

(ii) Mr. Sonal is a member of Departmental Appraisal Committee. Ms. Atishi is a colleague
who is up for the promotion. Mr. Sonal is also one of the candidates for prospective
promotions for the year 2021. He participated in committee’s deliberations for promotion
of candidates. When Sonal’s name was up for deliberation, he withdrew himself from the
committee discussion. When the list of promotion came up, his name was on the top of it.
Atithi was not considered eligible for promotion. Atishi challenged the promotion
selection contesting the process to be biased.
Decide with the help of judicial decisions. 7

3. Discuss the following concepts using examples of case laws and contemporary
jurisprudence –
(i) Nemo Judex In Causa Sua 7
(ii) Proportionality Review in Administrative law 7
 AMITY UNIVERSITY
RAJASTHAN

Section B

4.
(i) Write a short essay on the concept and components of Audi Alterum Partum 7

(ii) Explain the role, power and function of Election Commission under the Indian legal
framework with the help of relevant provisions and case laws 7
OR
(ii) Explain the role, power and function of Central Vigilance Commission under the Indian
legal framework with the help of relevant provisions and case laws

5.
(i) The court cautioned in Sachidanand Pandey V . State of WB case that if the courts did not
restrict the free flow of cases in the name of PIL, the traditional litigation will suffer and
courts of law, instead of dispensing justice, will have to take upon themselves
administrative and executive functions.
In the light of above observation, comment on the contemporary conditions employed by
Judiciary to check the maintainability of PIL using relevant case laws 7

(ii) Article 310 of the Constitution states-

Tenure of office of persons serving the Union or a State
(1) Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an all India
service or holds any post connected with defence or any civil post under the
Union, holds office during the pleasure of the President, and every person who is
a member of a civil service of a State or holds any civil post under a State holds
office during the pleasure of the Governor of the State
In the light of above article, explain the concept of Doctrine of Pleasure and how it is
distinguished from Doctrine of Pleasure as practised in United Kingdom. 7
OR
(ii) Article 311(2)(c) in The Constitution Of India 1949
(c) where the President or the Governor, as the case may be, is satisfied that in the
interest of the security of the State, it is not expedient to hold such inquiry
In the light of above article, comment whether judicial review will be applicable for order
under Art. 311 (2)(c) using the relevant case law.

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