Unit X · Topic 4Rule of Law – 'Formal' and 'substantive' versions – Previous Year Questions
9 previous year questions on Rule of Law – 'Formal' and 'substantive' versions from UGC NET Law papers (2019–2023), including 1 statement-based questions. The correct option is marked in green.
Questions
9 questions
December 2019 · Q65
Professor Dicey gave following three meanings of Rule of law
1. Absence of Arbitrary power or supremacy of the law
2. Equality before law
3. The constitution is the result of the ordinary law of land
Out of the above aspects which of the following apply to Indian system
(a)1 and 2 only✓
(b)2 and 3 only
(c)1 and 3 only
(d)All 1, 2 and 3
Answer & explanation
Answer: (a) 1 and 2 only
June 2020 · Q36Statements
Read the statement about 'rule of law'
(a)Rule of law is an important and fundamental pillar of a liberal and substantive democracy✓
(b)The rule of law is not merely public order, the rule of law is social justice based on public order
(c)The substantive 'rule of law' is the rule of proper law which balance the needs of the society and the individual
(d)Substantive and liberal democracy is based solely on formal democarcy
Choose the correct answer from the options given below
(a)A, B and C only✓
(b)A, C and D only
(c)A, B and D only
(d)A, B, C and D- All
Answer & explanation
Answer: (a) A, B and C only
December 2022 · Q3
The concept of 'rule of law' contains three principles. These three principles in an organized form were propounded by
(a)Aristotle
(b)Manu
(c)Prof. RWM Dias
(d)Prof. AV Dicey✓
Answer & explanation
Answer: (d) Prof. AV Dicey
December 2022 · Q54
Which among the following are the opinions of Prof. Dicey about rule of law?
A. There should be absence of discretionary power because it makes room for arbitrariness
B. A person should suffer only for breach of law
C. Rights must flow from customs and traditions recognized by courts
D. There was Administrative Law in England
E. Dicey considered that special administrative courts in France reflected rule of law
Choose the most appropriate answer from the options given below
(a)A, B, C, D only
(b)B, C, D, E only
(c)B, C, E only
(d)A, B. C only✓
Answer & explanation
Answer: (d) A, B. C only
Passage for June 2023 Q91–Q95
Read the following passage carefully and answer the question (91-95)
One is that power should not be exercised arbitrarily. This has meant it should be exercised for the which it has been conferred. It also means that power should be exercised with in the statutory ambit; and purported exercise of it would not just be ultra vires, but in true sense of the term arbitrary. Simple negation of arbitrariness is, however, not enough to preserve the Rule of Law values. Indian courts have gone further to insists on specific positive content of the Rule of Law obligations. These include the rules of nature justice which have to be followed not just in quasi-judicial action but often also in purely administrative action. The scope and content of the requirements of natural justice have varied from time to time according to the judicial interpretation, but the board insistence remains. In addition, access to information as to the grounds of decision has remained an important preoccupation of the Indian judiciary, as any impediments to it have the tendency of obstructing judicial review of administrative action. This means that the courts have from time to time insisted that exercise of administrative power be accompanied by reasons, although the exact status of the obligation to give reason is as yet indeterminate. The Rule of Law notion has been in addition consistently extended to secure for the individual fair dealing by the state in its economic activities
June 2023 · Q91
Rule of law is
(a)Negation of arbitrariness✓
(b)Oppsomal of arbitrariness
(c)Simple negation of arbitrariness
(d)Violation of natural justice
Answer & explanation
Answer: (a) Negation of arbitrariness
June 2023 · Q92
Rule of Law notion is extended to secure
(a)fair dealing by State in limited activities
(b)fair dealing by State in all its activities✓
(c)fair dealing by State only in the economic activities
(d)State has no concern
Answer & explanation
Answer: (b) fair dealing by State in all its activities
June 2023 · Q93
Rule of Law implies
(a)No one is above law✓
(b)Some people are above law
(c)Everybody is above law
(d)Only Government is above law
Answer & explanation
Answer: (a) No one is above law
June 2023 · Q94
Under what circumstances powers should be exercised arbitrarily?