Unit II · Topic 10Judicial review of administrative actions – Grounds – Previous Year Questions

11. Prerogative writs to review an administrative action are:

1. (a)Two: Habeas Corpus and Mandamus
2. (b)Three: Habeas Corpus, Mandamus, and Prohibition
3. (c)Four: Habeas Corpus, Mandamus, Prohibition, and Certiorari
4. (d)Five: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto✓

13. Judicial review of an administrative action means:

1. (a)Review by the Parliament
2. (b)Review by the Government
3. (c)Review by the Legislative Assembly
4. (d)Review by the Judiciary✓

4. The appropriate writ issued by Supreme Court to quash the appointment of a person to a public office is —

1. (a)Certiorari
2. (b)Mandamus
3. (c)Prohibition
4. (d)Quo-Warranto✓

10. In which of the following conditions is abuse of discretionary power inferred?

Options:

Use for improper purpose

Mala fide (bad faith)

Relevant consideration

Leaving out irrelevant consideration

12. The writ of habeas corpus will be issued if —

Options:

1. (a)Detention is legal
2. (b)Detention is prima facie legal
3. (c)Detention is prima facie illegal✓
4. (d)Detention is primarily illegal

15. On which of the following grounds may a writ of certiorari be issued?

Options:

1. (a)Error of jurisdiction
2. (b)Error apparent on the face of record
3. (c)Violation of natural justice
4. (d)All of the above✓

Q12. Which of the following writs can be issued against administrative authorities?

1. (a)Mandamus
2. (b)Certiorari
3. (c)Prohibition
4. (d)All of the above✓

1. Assertion (A): The writ of habeas corpus can be granted to enable the detainee to argue his case in person.

Reason (R): Because R. v. Secretary of State for Home Department ex parte (1992) decided so.

Codes:

1. (a)Both A and R are correct, and R is the correct explanation of A
2. (b)A is correct, but R is incorrect
3. (c)A is incorrect, but R is correct
4. (d)Both A and R are incorrect✓

2. Which of the following are matched incorrectly?

Habeas Corpus – To produce the body

Quo Warranto – Issued to a lower court to stop

Prohibition – Issued to a lower court to question decision or order

Mandamus – Commands a person to perform a public duty**

1. (a)1, 2, and 3
2. (b)2 and 3✓
3. (c)2, 3, and 4
4. (d)2 and 4

10. Assertion (A): Legitimate expectation does not grant an absolute right to a claimant.

Reason (R): It protects the right of fair hearing before a decision negating a promise or undertaking is taken.

Codes:

1. (a)Both A and R are true and R is the correct explanation of A✓
2. (b)Both A and R are true but R is not the correct explanation
3. (c)A is true and R is false
4. (d)A is false and R is true

11. Which of the following statements is correct?

1. (a)Gullapalli Nageswara Rao v. State of A.P. is about bias
2. (b)K.L. Tripathi v. State Bank of India is about right of cross-examination✓
3. (c)General Medical Council v. Speckman is about irrelevance of natural justice where it makes no difference
4. (d)N. Kalindi v. Tata Locomotives is about the right to be represented by a lawyer

12. Which of the following is the correct statement?

1. (a)Certiorari can be issued against judicial and quasi-judicial authorities; mandamus can be issued against administrative authorities✓
2. (b)Mandamus can be issued to declare an Act ultra vires; certiorari can also be issued for that purpose
3. (c)Certiorari can prevent jurisdictional overreach; mandamus cannot
4. (d)Certiorari cannot be issued for public office usurpation, but mandamus can

13. Abuse of discretion can be inferred from the following circumstances:

1. (a)Only non-application of mind
2. (b)Non-application of mind and colourable exercise of power
3. (c)Colourable exercise of power and denial of hearing
4. (d)Colourable exercise of power, denial of hearing, and irrelevant considerations✓

15. Which of the following is the correct statement?

1. (a)A quasi-judicial body can never review its own decision unless authorized by statute✓
2. (b)It can review its decision if there is a grave error of law
3. (c)It can review its decision if there is violation of natural justice
4. (d)All tribunals can review their decisions

14. Which of the following is not considered “irrational” under the Wednesbury principles laid down in Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948)?

1. (a)Without the authority of law
2. (b)Based on no evidence
3. (c)It has sanction of law✓
4. (d)It is unreasonable

15. On which of the following grounds can a writ of certiorari not be issued?

1. (a)Abuse of jurisdiction
2. (b)Exercise of jurisdiction✓
3. (c)Violation of principles of natural justice
4. (d)Error of law apparent on the face of the record

2. Which of the following statements is incorrect regarding the issuance of the writ of Quo Warranto?

1. (a)The office in question should be a public office
2. (b)The office should be held by an usurper without legal authority
3. (c)The petition is barred by res-judicata
4. (d)It is necessary for the petitioner to show personal injury or grievance✓

11. Which of the following is not true regarding the application of the doctrine of promissory estoppel?

1. (a)The Court may refuse to apply promissory estoppel against the government if the public interest suffers in fulfilling the promise.
2. (b)The government cannot be compelled to carry out a promise which falls outside its power and contrary to law.
3. (c)The promise in question may be tentative or uncertain and it need not to be unambiguous and unequivocal.✓
4. (d)There can be no promissory estoppel against the Legislature in the exercise of its legislative functions.

12. Match the following case laws with their corresponding administrative law principles:

A. Canara Bank v. V.K. Awasthy (2005)

B. Gullapalli Nageswara Rao v. A.P. State Road Transport Corporation (1959)

C. Swadeshi Cotton Mills v. Union of India (1981)

D. A.K. Kraipak v. Union of India (1970)

Duty to act fairly in administrative functions

Post-decisional hearing

Exclusion of rule of hearing

One who decides must hear

Options:

1. (a)1 2 3 4
2. (b)4 3 1 2
3. (c)2 4 3 1✓
4. (d)3 4 2 1

13. Assertion (A): A High Court may decline to exercise its extraordinary jurisdiction under Article 226 and dismiss the writ summarily or in limine.

Reason (R): It would be proper for the High Court to dispose of the petition summarily or in limine when no important questions of law are raised in a writ petition.

Options:

1. (a)Both A and R are true and R is the correct explanation of A✓
2. (b)Both A and R are true, but R is not the correct explanation of A
3. (c)A is true, but R is false
4. (d)A is false, but R is true

14. When a writ is issued to a public authority in respect of any type of administrative, legislative, quasi-judicial or judicial function, it is called a writ of:

1. (a)Mandamus✓
2. (b)Quo-warranto
3. (c)Certiorari
4. (d)Prohibition

15. Assertion (A): In judicial review of administrative actions, generally the court would not interfere with merits of the case by embarking upon inquiry into the facts.

Reason (R): Courts can review the procedure through which a decision has been taken by the administrative authority but cannot supplement its own decision and act as appellate court over the administrative authority.

Options:

1. (a)Both A and R are true and R is the correct explanation of A✓
2. (b)Both A and R are true, but R is not the correct explanation of A
3. (c)A is true, but R is false
4. (d)A is false, but R is true

12. A statute confers discretionary powers on an official using expressions like: 1. Reasonable, 2. Appropriate, 3. Equitable, 4. Sufficient. Which of these expressions may justify judicial review of such discretion?

1. (a)Only (1) is correct
2. (b)Only (1) and (2) are correct
3. (c)Only (1), (2), and (3) are correct
4. (d)(1), (2), (3), and (4) are correct✓

13. Assertion (A): The court can direct a competent authority to exercise discretion in accordance with law, but not in a particular manner.

Reason (R): The Supreme Court strikes down decisions of competent authorities if influenced by extraneous considerations or improper purposes.

Options:

1. (a)Both A and R are true and R is the correct explanation of A✓
2. (b)Both A and R are true but R is not the correct explanation of A
3. (c)A is true but R is false
4. (d)A is false but R is true

11. In which of the following cases did the Supreme Court of India refer to the doctrine of ‘legitimate expectation’ while reviewing administrative action?

1. (a)State of Haryana v. Darshana Devi
2. (b)State of Kerala v. K.G. Madhavan Pillai✓
3. (c)Mahavir Singh v. State of Rajasthan
4. (d)SAHELI v. Commissioner of Police

14. Which of the following statements are true with respect to the writs of Mandamus and Certiorari?

Both writs are available against administrative, judicial, and quasi-judicial authorities.

Mandamus operates where an authority fails to exercise its jurisdiction, while Certiorari operates when courts or tribunals exceed their jurisdiction.

Mandamus compels performance, while Certiorari corrects error.

Options:

1. (a)Only 1 is correct
2. (b)Only 1 and 2 are correct
3. (c)Only 2 and 3 are correct✓
4. (d)All 1, 2, and 3 are correct

3. Read Assertion (A) and Reason (R), then choose the correct option:

Assertion (A): Under Article 226 of the Constitution of India, the High Court has the discretion to issue writs.

Reason (R): If the High Court is satisfied that the aggrieved party has an adequate alternative remedy elsewhere, it may refuse to grant a writ.

Options:

1. (a)Both (A) and (R) are correct, but (R) is not the correct explanation of (A)
2. (b)(A) is correct, but (R) is false
3. (c)(A) is false, but (R) is correct
4. (d)Both (A) and (R) are correct and (R) is the correct explanation of (A)✓

9. The statement “Discretion, when applied to a court of justice, must be governed by rule, not by humour; it must be legal and not arbitrary,” was held in which case?

1. (a)Union of India v. Kuldeep Singh
2. (b)Reliance Airport Developers (P) Ltd. v. Airports Authority of India✓
3. (c)Maneka Gandhi v. Union of India
4. (d)National Insurance Co. Ltd. v. Keshav Bahadur

10. Under which of the following conditions can a writ of mandamus be issued?

There must be a public duty.

There must be a specific demand and refusal.

There must be a clear right to enforce the duty.

The right must be subsisting on the date of the petition.

1. (a)All 1, 2, 3, and 4 are correct✓
2. (b)Only 1, 2, and 3 are correct
3. (c)Only 1 and 3 are correct
4. (d)Only 1 and 2 are correct

11. In which one of the following cases did the Supreme Court make it explicit that "even when the authority has statutory power to take action without hearing, it would be arbitrary to take action without hearing and, thus, violative of Article 14 of the Constitution"?

1. (a)A.K. Kraipak v. Union of India
2. (b)Union of India v. Satish Chandra
3. (c)A.K. Roy v. State of Punjab
4. (d)H.L. Trehan v. Union of India✓

13. Assertion (A): A writ of prohibition can be issued on the same grounds on which the writ of certiorari can be issued, except in cases of error of law apparent on the face of the record.

Reason (R): A writ of certiorari is issued during ongoing proceedings to forbid further continuation, whereas a writ of prohibition is issued after a final decision has been made to quash the decision.

1. (a)Both A and R are true, and R is the correct explanation of A
2. (b)Both A and R are true, but R is not the correct explanation of A
3. (c)A is correct, but R is false✓
4. (d)A is false, but R is correct

12. Match the following principles with the correct cases:

List-I (Principle)

A. Res judicata

B. Legitimate expectation

C. Promissory estoppel

D. Locus standi

List-II (Case)

S.P. Gupta v. Union of India

Motilal Padampat Sugar Mills v. State of U.P.

Daryao v. State of U.P.

Monnet Ispat and Energy Ltd. v. Union of India

Code:

1. (a)A-2, B-4, C-3, D-1
2. (b)A-3, B-4, C-2, D-1✓
3. (c)A-1, B-3, C-2, D-2
4. (d)A-4, B-3, C-2, D-1

13. Which of the following is a valid ground for judicial review of administrative discretion?

Ultra vires the law

Mala fide intent

Arbitrariness

Irrelevant considerations

1. (a)1 and 2 are correct
2. (b)2 and 3 are correct
3. (c)1, 2 and 3 are correct
4. (d)1, 2, 3 and 4 are correct✓

14. The principle that "Writ of certiorari can be issued to quash actions which are administrative in nature" was laid down in which case?

1. (a)Indian Railway Construction Co. Ltd. v. Ajay Kumar
2. (b)A.K. Kraipak v. Union of India✓
3. (c)Union of India v. Bashyan
4. (d)Rajesh Kumar v. C.I.T.

15. Match List-I (Name of Case) with List-II (Name of Writ) and choose the correct answer.

List-I

A. Sunil Batra v. Delhi Administration

B. U.N.R. Rao v. Indira Gandhi

C. Gujarat State Financial Corp. v. Lotus Hotels

D. Nalini Ranjan v. Ananda Sarkar

List-II

Quo Warranto

Habeas Corpus

Certiorari

Mandamus

Code:

1. (a)A-3, B-4, C-1, D-2
2. (b)A-4, B-3, C-2, D-1
3. (c)A-2, B-1, C-4, D-3✓
4. (d)A-1, B-2, C-3, D-4

17. Which of the following statements are correct?

Absolute discretion is a ruthless master.

Where reasonable conduct is expected, the criterion of reasonableness is subjective and not objective.

Every executive action must be informed with excuse and should be arbitrary.

Exercise of discretion is an inseparable part of sound administration.

1. (a)1 and 2 are correct
2. (b)3 and 4 are correct
3. (c)2 and 4 are correct
4. (d)1 and 4 are correct✓

15. Match List-I with List-II and choose the correct answer.

List-I (Case Name) | List-II (Ground of Judicial Review)

A. Union of India v. Hindustan Development Corp. – 1. Extraneous Consideration

B. Institute of Law Chandigarh v. Neeraj Sharma – 2. Legitimate Expectations

C. Council of Civil Services Union v. Minister for the Civil Service – 3. Public Accountability

D. Centre for PIL v. Union of India – 4. Proportionality

Code:

1. (a)A-1, B-2, C-3, D-4✓
2. (b)A-2, B-1, C-3, D-4
3. (c)A-4, B-3, C-2, D-1
4. (d)A-2, B-3, C-4, D-1

16. Assertion (A): Judicial review of administrative actions under Articles 32 and 226 is part of the basic structure of the Indian Constitution.

Reason (R): It was held to be so by the Supreme Court in L. Chandra Kumar v. Union of India.

1. (a)Both (A) and (R) are true and (R) is the correct explanation of (A)✓
2. (b)Both (A) and (R) are true, but (R) is not the correct explanation of (A)
3. (c)(A) is true, but (R) is false
4. (d)(A) is false, but (R) is true

10. Judicial review of an administrative action means:

1. (a)Review by Parliament
2. (b)Review by the Government
3. (c)Review by Legislative Assembly
4. (d)Review by the Judiciary✓

13.

Statement I: For judicial review, 'irrationality' means a decision so outrageous in its defiance of logic or moral standards that no sensible person could have made it.

Statement II: For judicial review, 'unreasonableness' refers to either lack of factual basis for the conclusion or a decision being partial and unequal.

1. In which of the following cases did the Supreme Court hold that the administration of a public authority cannot be invalidated merely for not recording reasons when there was no duty to do so?

1. (a)National Highway Authority of India v. Madhukar Kumar (2022)✓
2. (b)Municipal Council Neemuch v. Mahadeo Real Estate (2019)
3. (c)Tata Cellular v. Union of India (1994)
4. (d)Vijay Narayan Sharma v. State of Rajasthan (2022)

10. For what purpose is the Wednesbury test applied?

1. (a)To determine irrationality of administrative action✓
2. (b)To determine proportionality of administrative action
3. (c)To determine procedural impropriety of administrative action
4. (d)To determine abuse of jurisdiction of administrative action

Besides providing for a functional government and consequential growth in the administrative process, the Constitution has provided elaborate control mechanism so that water may not over-run beyond banks. This has been ensured in which of the following articles of the Constitution?

1. (a)Art. 32, 226, 227✓
2. (b)Art. 14, 21 and 41
3. (c)Art 15, 16 and 17
4. (d)Art 246, 247, 248

By which writ, the decision of the highest tribunal of a State can be revised?

1. (a)Mandamas
2. (b)Prohibition
3. (c)Certiorari✓
4. (d)Quowarranto

Which of the following statements are correct regarding the Doctrine of Legitimate Expectations?

A. It plays an important role in judicial review

B. It operates within the domain of public law

C. It developed in the context of reasonableness and natural justice

D. First appeared in Union of India v. Hindustan Development Corporation

1. (a)A, B, D only
2. (b)A, B, C only✓
3. (c)B, C, D only
4. (d)A, C, D only

Which of the following is not a ground for issuance of Writ of Prohibition?

1. (a)Violation of the Principle of Natural Justice
2. (b)Infringement of fundamental rights
3. (c)An error of law apparent on the face of the record
4. (d)Fraud✓