Q. 1. Define Administrative law?

Ans:- Administrative law is a law related to administration and can be defined as the law which
governs the activities of the administrative agencies of the government including actions like
rulemaking, adjudication, or the enforcement of a particular agenda. Many scholars state
different definitions of Administrative law in their views
According to Ivor Jennings, Administrative law is relating to the administration which helps
in the determination of the organization, powers and duties of the administrative authorities.

Q.2. What is bias?

Ans.:- Bias means an operative prejudice whether conscious or unconscious in relation to a
party or issue. Therefore, the ‘Rule Against Bias’ strickes against those factors which may
improperly influence a judge in arriving at a decision in any particular case. A person cannot
take an objective decision in a case in which he/she has a interest
Types of Bias:
1. Personal Bias:- This kind of bias may arise out of friendship, relationship, professional
grievance or even enmity. In such circumstances, it is difficult to prove the state of mind
of a person. Therefore, it is mandatory to prove that a reasonable ground has been
established to believe that he has acted biased. /// Personal relationships (friendship or
hostility) between the authority and the parties can lead to bias. For instance, a judge
favoring friends or relatives or using their position against enemies.
2. Pecuniary Bias:- Nonetheless, it is evident that the decision of adjudicator would be
affected if he has a pecuniary interest in the subject matter of the proceedings. Any
direct financial interest, however small, in the matter in dispute, in which he is
financially interested may operate as a bar to adjudicating and it disqualifies the person
from adjudicating. /// Financial interests can influence decisions. A judge with a
financial stake in the outcome should recuse themselves.
3. Subject Matter Bias / Official Bias:- When a situation arises in which a judge
possesses a general interest in the subject matter of dispute, it is referred to as official
or subject matter bias. However, it is to be noted that a mere general interest in the
general object to be pursued would not disqualify a judge from deciding the matter.
There must be a direct connection with litigation. /// Preconceived notions about
specific issues can affect impartiality.
4. Departmental Bias:- Bias arising from an authority’s affiliation with a particular
department or organization.
5. Preconceived Notice Bias:- When a judge approaches a case with pre-existing
opinions.

Q. 3. Types of Principles of Natural justice

Ans:- Natural Justice in simple terms means the minimum standards or principles which the
administrative authorities should follow in deciding matters which have the civil consequences.
The three types of Principles of Natural Justice are:
 1. Nemo judex in causa sua: No one should be made a judge in his own cause.
2. Audi alteram partem: means to hear the other party or no one should be condemned
unheard.

3. Reasoned decision: The decision should be based on logical and relevant grounds,
and the reasons should be given to the parties.

Q.4. State any two differences between tribunal and court

Ans:- The Difference between Court and Tribunal are discussed bellow:

1) Courts pass judgements, decrees and orders in cases of civil cases and judgement of acquittal
or conviction in cases of criminal offenses. While tribunals are established to provide awards
to the affected parties.

2) Courts deal with various types of cases like criminal, civil and constitutional. But tribunals
deal with a specific type of cases.

3) Courts follow the rule of procedure as provided in the statute books like the Code of Criminal
Procedure, Civil Procedure Code and Law of Evidence. In case of tribunals, there is no strict
procedural law to be followed for the adjudication of cases. The tribunals follow principles of
natural justice to provide awards.

4) The court system is a three-tier system with the supreme court as the highest court of the
land. The tribunals are subordinate to the courts, the appeals against the decision of tribunals
lie to the high courts and supreme courts.

Q.5. State the difference between delay and laches.

Ans:- ‘delay’ is generally meant as “the act of postponing or slowing.” Whereas ‘laches’ is
commonly construed as “the equitable doctrine by which a court denies relief to a claimant
who has unreasonably delayed in asserting the claim, when that delay has prejudiced the party
against whom relief is sought.” The Doctrine of Laches emanates from the principle that the
Courts will not help people who sleep over their rights and helps only those who are aware and
vigilant about their rights. A party is said to be guilty of laches when they come to the Court to
assert their rights after a considerable delay in that respect.
Q.6. State the importance of conditional legislation.
Ans:- When the law is complete and certain conditions are laid down as to how and when the
law would be applied by the delegate, it is conditional legislation. It includes no law-making
powers but only the power of determining when it should come into force or when it should be
applied.
Supreme Court in Hamdard Dawakhana v. Union of India [1] stated that in conditional
legislation, the delegate’s power is that of determining when a legislative declared rule of
conduct shall become effective.

Q.7. What is irrelevant consideration?

Ans.:- are the matters which are not only ‘not mandatory’ but which are in fact prohibited from
being considered, having regard to the subject matter, scope or purpose of the power.
Q. 8. Define ombudsman,
Ans.:- An ombudsman is an official who is appointed by the Government to investigate
individual’s complaints against a company, financial institutions, businesses, organization,
specially a government department or public entities and attempts to resolve the raised concerns
either by process of mediation or giving recommendations.
Q.9. What is Sub-Delegation?
Ans.:- The term sub delegated legislation means delegating the delegated powers further or we
can say when a statute confers legislative powers to an administrative authority and they further
delegate to some other authority or agency then this process is known as sub delegation of
legislative powers.
Q. 10. Write concept of legitimate expectation?

Ans.:- The doctrine of ‘Legitimate Expectations’ is one amongst several tools incorporated by
the Court to review administrative action. This doctrine pertains to the relationship between an
individual and a public authority. According to this doctrine, the public authority can be made
accountable in lieu of a ‘legitimate expectation’.

Q. 11. Define Corporation?

Ans.:- A corporation is a firm that meets certain legal requirements to be recognized as
having a legal existence, as an entity separate and distinct from its owners. A statutory
corporation is a body corporate formed by a special act of parliament or by the central or state
legislature. It is fully financed by the government and runs the service on behalf of the
government but as an independent legal entity with funds of its own and largely autonomous
in management. It possesses independent corporate personality and is a body corporate having
perpetual succession and a common seal.

Q. 12. What does mean by speaking order?

Ans.:- A speaking order is a decision that is supported by reasons. It is also called a reasoned
decision. Speaking orders introduce fairness in the administrative powers and minimize
arbitrariness. They maintain the right to reasons, which is an indispensable part of sound
judicial review. A speaking order should have all details of the issue being determined, clear
findings, and a reasoned order.
Q. 13. What does means by acting under dictation?
Ans.:- Where the authority exercises its discretionary power under the instructions or dictation
from superior authority. It is taken, as non-exercise of power by the authority and its decision
or action is bad.
Q. 14. State any 2 functions of Union Public Service Commission?

Ans.:- The functions of the Commission under Article 320 of the Constitution are:

1. Conduct examinations for appointment to the services of the Union.

2. Direct recruitment by selection through interviews.
3. Appointment of officers on promotion / deputation / absorption.
4. Framing and amendment of Recruitment Rules for various services and posts under the
Government.
5. Disciplinary cases relating to different Civil Services.
6. Advising the Government on any matter referred to the Commission by the President
of India.

Q. 15. What is Substantive Ultra Vires?

Ans.:- When an act of legislature enacts in excess of the power conferred on the legislature by
the Constitution the legislature is said to be ultra vires of the Constitution. It is based on the
same principle when subordinate legislation goes beyond what the delegate is authorized to
enact an exceeds its power conferred by the legislature the act is said to be ultra vires.
Q. . What is Procedural Ultra Vires?
Ans.:- Procedural ultra vires is a legal term that refers to when established procedures are not
followed strictly, resulting in the subsequent action being void and of no legal effect. It is based
on the Latin term "ultra vires," which means "beyond powers". An administrative authority
will be rendered invalid if it acts in contravention of a mandatory rule specified in the
legislation or fails to comply with the principles of natural justice
Q. 16. What are 3 Organs of Government and their function?
Ans.:- The Legislature, Executive and Judiciary are the three organs of the government.
Q. 17. Define Delegated Legislation?
Ans.:- Delegated legislation or subordinate legislation happens when lawmakers contract out
the process of creating laws to the executives (bureaucrats).

The term “delegated legislation” describes the exercise of legislative authority by a

representative who is inferior to the Legislature or who is under its control. Since the members
themselves cannot deal with every issue immediately, the Indian Parliament delegated some
duties to legal bodies.

There are three different types of delegated legislation:

 • statutory instruments
• orders in council
• by-laws.

The government can use delegated legislation to amend a law without having to wait for a new
Act of Parliament to be passed.

Q. 18. What is Official Bias?

Ans.:- Official bias is a behavioural attitude of a judge. It refers to a predisposition or
inclination towards a particular issue, which may affect a fair decision. Interest of a judge in
the outcome of a proceeding may vitiate the order. Official bias may arise in cases where an
administrator who enunciates, and then has to carry out an official policy, is entrusted with the
duty of hearing objections from the concerned persons as to the implementation of the
policy. Personal bias may also exist where the decision maker may harbor personal animosity
toward the plaintiff
Q. 19. What is Institutional decision?
Ans.:- Institutional decisions are acts that can be regarded as acts of creating (general or
individual) norms on the ground of definite conventional procedures. The class of such
acts must not be identified with that of legal acts, since not all of the norms in question are
legal norms. Institutional investors are usually not investing their own money, but making
investment decisions on behalf of clients, shareholders, or customers. Any intervention which
affects the ways in which people use resources will generally have to deal with a set of
institutions and decision-making mechanisms which play a role in deciding how those
resources are used
Q. 20. State any 2 requisites of Government Contract?
Ans.: Government contracts are formed in the following manner:
1. Every government contract must be expressed to be made by the President or the
Governor.
2. Every government contract must be executed on behalf of the President or the
Governor.
3. Every contract must be executed by a person authorised by the President or the
Governor.

Q. 21. Define ‘Information’ as per Rights to Information Act?

Ans.:- As per the RT Act, Section 2 (f) “information” means any material in any form,
including records, documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data material held in any
electronic form and information relating to any private body which can be accessed by a public
authority under any other law for the time being in force;
Q. 22. What are the sources of Administrative Law?
Ans.:- The sources of administrative law are:

• The Constitution, which is the supreme law of the land and sets the limits and
principles of administrative power.
• Legislation, which is the enactment of laws by the parliament or the state legislatures
to create or regulate administrative authorities and functions.
• Delegated legislation, which is the making of rules, regulations, orders, or
notifications by the administrative authorities under the authority of the legislation.
• Ordinances, which are temporary laws made by the president or the governors in
case of emergency or urgency.

Q. 23. What is Doctrine of Laissez faire?

Ans.:- The laissez-faire doctrine is an economic doctrine that advocates minimum or no
interference from the government in business and economic affairs. It is based on the principles
of individual freedom, natural order, and competitive markets. It originated from the response
of French industrialists to the finance minister under King Louis XIV and was developed by
the physiocrats in France. It was also supported by classical economists like Adam Smith and
John Stuart Mill in Great Britain. It can be described as a free market with limited
government regulation of business
Q. 24. What is meaning of “Nemo Debet Esse Judex in Propria Causa”
Ans.:- Nemo in propria causa judex, esse debet, i.e.; no one should be made a judge in his
own cause. It is popularly known as the rule against bias. It is the minimal requirement of the
natural justice that the authority giving decision must be composed of impartial persons acting
fairly, without prejudice and bias.
Q. 25. State 2 reason for establishment of Public Corporation?

Ans.:- Reasons for the establishment of a public corporation include:

• To provide essential services at low costs.

• To establish corporations that require enormous capital which an individual might
not be able to afford.
• To avoid duplication of services.
• For price control and consumer protection.
• To prevent unhealthy competition.
Public corporations are an effective form of business organization that enjoy full autonomy in
taking decisions and managing their affairs.
Q. 26. What is Contingent Legislation?
Ans.:- Contingent legislation refers to laws that are dependent on something else or
conditional. Here are some examples of contingent legislation:
• Lawsuit
• Product Warranty
• Pending Investigation or Pending Cases
 • Bank Guarantee
• Lawsuit for theft of Patent/know-how
• Change of Govt. Policies
• Change in Foreign Exchange
• Liquidate Damages
A company facing a lawsuit from a rival firm for patent infringement is an example of a
contingent liability
Q. 27. Any 2 Distinctions Between Quasi-Judicial and Administrative functions?
Ans:-
1. Nature of Decision-Making:
o Quasi-Judicial Functions: These involve decisions that require objective
satisfaction of the administrative authority based on evidence and facts.
Quasi-judicial authorities apply pre-determined standards to specific cases, akin
to a court’s approach.
o Administrative Functions: In contrast, administrative decisions depend on
the subjective satisfaction of the administrative authority, often based
on policy and discretion. Administrative actions establish policies for future
application without strict adherence to legal evidence.
2. Legal Obligation and Framework:
o Quasi-Judicial Decisions: Quasi-judicial authorities are bound by a duty to act
judicially. They must consider submissions, weigh arguments, and collate
evidence before reaching a decision.
o Administrative Decisions: Administrative authorities have no strict legal
obligation to consider evidence or weigh arguments. Their decisions are often
based on pre-determined standards (objective decisions) or involve a choice
without fixed standards (subjective decisions)

Q. 28. What is Non-sovereign function?

Ans.:- Non-sovereign functions are functions of the state that are other than the Sovereign
Functions. These functions are amenable to the jurisdiction of an ordinary civil court, and if
the state does any tortious act or breach of contract, it will be liable for the wrong done. It has
become difficult to differentiate between the Sovereign and non-sovereign functions of the
state.
Q. 29. Prohibitory Injunction?
Ans.:- A prohibitory injunction is a court order that prevents someone from carrying out a
particular act. It is a type of court remedy that requires someone to refrain from doing some
act against some other party. Prohibitory injunctions are most commonly sought on an
interlocutory basis as they prevent further damage occurring. Some examples of uses of
prohibitory injunctions are to prevent someone using confidential information, prevent a breach
of restrictive covenant, or prevent the sale of property
Q. 30. What is Droit Administratif?
Ans.:- Meaning of Droit administratif French administrative law is known as Droit
Administratif which means a body of rules which determine the organization, powers and
duties of public administration and regulate the relation of the administration with the citizen
of the country. Droit Administrative does not represent the rules and principles enacted by
Parliament. It contains the rules developed by administrative courts.
Q. 31. Post Decisional hearing?

Ans.:- Post Decisional Hearing is a harmonizing tool to balance between administrative

efficiency and fair procedures governing an individual. It is a hearing that is given to an
individual after a tentative decision has been taken by the authorities. The idea of post-
decisional hearing was developed by the Supreme Court in Maneka Gandhi V. Union of India.
Q. 32. What are different types of Public Corporation?
Ans.:- Public corporation is an autonomous body established by government for carrying out
its public mission and services. It is created by a separate act of parliament or state legislature
and therefore also known as statutory corporation. This public enterprise is treated as an
artificial person in eyes of law having distinct identity from its owners.
Types of public corporation include:-
• Government-owned corporation
• Public company, i.e. a limited liability company that offers its securities for sale to
the public
• Statutory corporation, i.e. a corporation created by statute that is owned in part or in
whole by a government, such as municipal councils, bar councils, universities)

Q. 33. Types of Consideration?

Ans.:- There are three (3) types of ‘considerations’:

• ‘Relevant considerations’ – which Basten JA referred to as ‘mandatory considerations’

– are the matters that the decision-maker is bound to take into account. The mandatory
considerations are derived from the terms of the specific statutory power, or implied
from the subject matter, scope or purpose of the power.
• ‘Irrelevant considerations’ – are the matters which are not only ‘not mandatory’ but
which are in fact prohibited from being considered, having regard to the subject matter,
scope or purpose of the power.
• ‘Permissible considerations’ – are an often wide range of matters which lie between
mandatory and prohibited considerations – that is, factors, ‘which the decision-maker
may weigh or disregard without committing an error of law’.

BLS Q. with Answers

Q. 1. What is counsel di etat?
Ans.:- In France, the Conseil d'État ([kɔ̃sɛj deta]; Council of State) is a governmental body
that acts both as legal adviser to the executive branch and as the supreme court for
administrative justice, which is one of the two branches of the French judiciary system.
Q. 2. Explain the concept of Rule of law?

Ans.:- The concept of the rule of law is a legal principle that law should govern a nation, as
opposed to being governed by arbitrary decisions of individual government officials. It
implies that all citizens are equal before the law, and that the law is applied fairly and
consistently. It also prevents the arbitrary use of power by the government or any other
authority. One of the classic formulations of the concept of rule of law is by Dicey, who
identified three meanings of it: supremacy of law, equality before law, and predominance of
legal spirit.
Q. 3. Define Administrative law according to Ivor Jennings?
Ans.:- Administrative law is a law related to administration and can be defined as the law which
governs the activities of the administrative agencies of the government including actions like
rulemaking, adjudication, or the enforcement of a particular agenda. Many scholars state
different definitions of Administrative law in their views
According to Ivor Jennings, Administrative law is relating to the administration which helps
in the determination of the organization, powers and duties of the administrative authorities.
Q. 4. Distinguish between administrative law and constitutional law?

Ans.:- The difference between administrative law and constitutional law are:

• Constitutional law is the ultimate law of any nation-state, while administrative law
is ancillary to the constitutional law.
• Constitutional law deals with the organs of the state and their relations, while
administrative law deals with the actual functioning of the state and its
administration.
• Constitutional law has a wide scope and deals with the principles and powers of the
government, while administrative law has a narrow scope and only deals with the
rules and regulations of the administration.
Q.5. Explain the concept of separation of powers?
Ans.:- The concept of separation of powers is a doctrine of constitutional law. It involves
the division of the legislative, executive, and judicial functions of government among
separate and independent bodies. This separation is intended to limit the possibility of
arbitrary excesses by government. The system of checks and balances is also known as
separation of powers, because each branch is given certain powers so as to check and balance
the other branches
Q. 6. What are the Principles of Natural Justice?
Ans.:- Natural Justice in simple terms means the minimum standards or principles which the
administrative authorities should follow in deciding matters which have the civil consequences.
The two types of Principles of Natural Justice are:
1. Nemo judex in causa sua: No one should be made a judge in his own cause.
2. Audi alteram partem: means to hear the other party or no one should be condemned
unheard.

Q. 7. What are the sources of Administrative Law?

Ans.:- .:- The sources of administrative law are:

• The Constitution, which is the supreme law of the land and sets the limits and
principles of administrative power.
• Legislation, which is the enactment of laws by the parliament or the state legislatures
to create or regulate administrative authorities and functions.
• Delegated legislation, which is the making of rules, regulations, orders, or
notifications by the administrative authorities under the authority of the legislation.
• Ordinances, which are temporary laws made by the president or the governors in
case of emergency or urgency.