SVKM'S NR"S

KI:RIT P. MEHTA SCHOOL dF I,AW

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Academic Year: 2018-2019

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rogi.am B.B.A„ L.L.B /

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Subject: Administrative Law ,,'`

Date : 13th April 2019 r

Marks: 60 ~-
No. of pages:rfu
FINAL HXANINATI0N
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Instructions:Candidatesshouldreadcarefullytheinstructiqns,+pr,iHp_t?eon,Ltlleqt!e§_fionPaperandon
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1) In all 6 questions to be attempted.

2) Answer to each new question to be started on a fresh page.
3) Figures in brackets on the right hand side indicate full marks.
4) Assume Suitable data if necessary.

Section A
(10 Marks)
I) Doctrine of sovereign immunity.
2) Ridge v. Baldwin [1964] AC 40.

Section 8
(15 Marks)
3) While in the context of increasing complexity of lawmaking, subordinate legislation has become an
important constituent element of legislation, it is equally important to see `howi this proces`s of
legislationbytheexecutiveTnde.rdelegatedpowers,.canbereconciledwiththedemocraticprinciples
• ?I pgr|iapler.t.any control. Legj.s!ation is in inherent a.nd inalienable right of parliamen.t and it has to be
seen that this power is not. usurped nor transgressed `under the guise of what is called subordinate
legislation.
(a) Explain in brief the modes of control of legislqure ,on, delegated legislation.
(b) Is sub delegation permissible? Explain with a case. 'L

Section C (Answer and two questions)

(20 Marks)
4). As studies have shown, public interest litigation has become a populist tool, with the Supreme Court
using it to take ownership of the proceedings and expanding them beyond the scope of the petitions. \
The seeds of this populism -which has served elitist agendas in some cases -we.re sowed in the wake

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 of the Em?rgency, when the Supreme Court, overcome by guilt for capitulating to the Indira Gandhi
regime, decided to remodel itself as the "last resort for the oppressed and the bewildered.
What has been the criteria for filing a In the recent Da§t under
and diluted the purpose for which

5) What are the four major grounds on which judicial review of administrative action can be done?
Elaborate on apy two.

6)Whatarethematters6verwhichtheLokpalcainotexercisejurisdictionwithreferencetothePrime
Minister? Outline the problems associated with the present Lokpal and Lokayukta Act, 2013.

Section D 5 Mar.ky)

7) In the case of Election Commission of India v. Subramanian Swamy (1996) 4 SCC i04 Dr; Swamy
had made a petition to the governor alleging that Jayalalitha had inchrred a disqualification to get
elected to the legislative assembly. The question arose whether The Chief Election Commissioner TN
Seshan who was allegedly biased in favour of Dr Swamy could participate in giving of opinion by the
Election Commission.

Answer the following questions:

(a) What was deqision/reasoning given by the court in the abovementioned case in respect of violation
ofprincipl6sofnaturaljustice?

a)Discussanytwogroundsonwhichapplicationofrulesofnaturaljusticemaybeexcluded.i

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