O.P.

Jindal Global University

Jindal Global Law School
Internal Assessment - 2

Course Name : Administrative Law and the Regulatory State

Course Code : L-CT-0021
Programme : BBA LLB (Section E)
Duration : 7 days
Maximum Marks : 25 (Twenty Five) Marks

Instructions to students:
 All the questions are compulsory.
 The word/sentence limit for each question has been provided below. Kindly adhere to
it. Submissions that exceed the word/sentence limits by more than 10% will be
penalized.
 All submissions must be made on the UMS portal in WORD format (and not as
PDFs).
 All submissions must be made before the deadline.

Q.1

Consider the following:

Law is not a transcendent phenomenon that stands outside of society to impose ideal
standards against which that society is to be measured; rather, law is a function of society and
must evolve as society evolves.

In light of the above statement, comment on the need for administrative law in the modern
society. (4 Marks) (Do not exceed 500 words)

Q.2

The Government issued an office memorandum providing for fixation of salary of re-
employed personnel. “A” who is re-employed wants memorandum to be enforced. The
Government contends that the memorandum being administrative direction confers no
enforceable right upon ‘A’. Decide with reference to the relevant legal principles and case
law.

1
In the above fact situation, consider that A is asked by the government to opt for compulsory
retirement. This order of compulsory retirement is based on a service rule that requires all re-
employed personnel to retire after 10 years of service. 3 years prior to the order passed by the
government directing compulsory retirement, an internal memorandum was issued which
afforded the prospective retirees to appear before the authority and apply for a 5 year
extension. Can A rely upon the information memorandum to avoid compulsory retirement?
Discuss with reference to the relevant case law. (5 Marks) (Do not exceed 500 words)

Q.3

Mr. Poe is the president of Utopia Land (UL), a former colony of the United States of
America. The legislative assembly of UL passed an act that grants the president of UL power
to suspend MFN status to any country that discriminates against goods being imported from
UL. The language of the statute stated that, “In the opinion of the President of Utopia Land, if
it so appears to the President that any country or trade bloc or any international organization
discriminates against the importation of goods mentioned in schedule I of this act in any
manner and if such finding is to the satisfaction of the President of Utopia Land, the President
may by executive decree revoke the Most Favoured Nation status granted to that country or
trade bloc or international organization”.

Mr. Poe due to an international war of words between himself and the dictator of Dystopia
Land (DL) Mr. Lupin revoke the MFN status grated to DL. Due to the suspension of MFN
status to Dsytopia Land, several traders engaged in commodity trading with companies based
out of DL had to pay harsh customs duties and taxes while trading in goods such as steel,
cotton etc. The traders approached the Supreme Court of the UL and argued that by allowing
the president to suspend the MFN status (which is usually a power vested in the legislative
assembly as per the legal system of UL), the legislative assembly has delegated its powers to
the president and the act must be declared to be invalid. It was found by the court of first
instance in this case that the act did not contain any standard or criteria which would guide
the president in revoking the MFN status.

In light of the above facts decide with reference to the relevant case law whether the president
can revoke DL’s MFN status or not. Assume that the legal system of UL mirrors that of the
United States of America.

In the above fact situation, consider that Utopia Land undergoes a military coup covertly
financed by the descendants of the Indian immigrants who migrated to UL in 19 th century.
Pursuant to the military coup, UL changes its legal system and the new parliament enacts a
new constitution that mirrors the Constitution of India and the parliament and the government
declare that Indian law shall be applicable in all legal cases being decided by the judicial
system of Utopia Land.

Since all previous laws of Utopia Land were repealed after the coup, there is now no
legislation granting the government the power to revoke another country’s MFN status.

2
How will the position change under Indian law as to the president/government’s power to
revoke Dystopia Land’s MFN status? Comment with reference to relevant law.

(7 Marks) (Do not exceed 600 words)

Q.4

Discuss the scope and limitations on clauses related to Power to remove difficulties under
Indian law with reference to the relevant case law. (2 Marks) (Do not exceed 150 words)

Q.5

The doctrine of separation of powers in its classical sense, which is functional rather than
structural, cannot be applied in any modern government. Discuss. (3 Marks) (Do not exceed
300 words)

Q.6

In January 2010, the Municipal Corporation of Karnal created rules governing charitable
trusts and their activities, specifically targeting organizations running educational institutions
in Karnal. The rules were issued in form of bye laws specifying the land area that each
educational institute must dedicate as a “green belt” upon expansion of its facilities. Another
feature of the bye laws was that the bye laws required each educational institute being
operated by a religious or linguistic minority organization to declare the sources of funding
received by that particular education institution from national and international donors.
Assume that the state law governing the creation of bye laws contained a clause that stated,
“Any bye-law made by any local authority concerning the governance and operation of
educational institutes within the territorial jurisdiction of that local authority shall be laid
before the legislative assembly of Haryana within 30 days of publication of such rules in the
official gazette”. The Municipal Corporation of Karnal went ahead with publication of the
bye-laws however the same were not laid before the state legislative assembly of Haryana.
Further, instead of publication in the official gazette, the same were published in “Karnal
Samachar” a local Hindi newspaper published in the district.

St. John’s convent, which is a school located in Karnal purchased certain land in order to
expand their sports facilities, however they did not leave any space for any “green belt”. The
school authorities thereafter received a show cause notice from the Municipal Corporation of
Karnal asking them to show cause as to why the school should not be shut down for not
following the bye-laws.

The school authorities approached the Punjab and Haryana High Court arguing that the
Municipal Corporation of Karnal has failed to observe the relevant parliamentary and

3
procedural safeguards as per the law. Decide the matter with reference to the relevant case
law. (4 Marks) (Do not exceed 400 words)