Unit II · Topic 8Nature, scope and importance of administrative law – Previous Year Questions

12. A mandatory procedural requirement for an administrative tribunal must be:

1. (a)Legal representation
2. (b)Cross-examination
3. (c)Reasoned decision
4. (d)All of the above✓

14. Match an item in List-I with the correct answer in List-II.

List-I (Institution):

Lokpal and Lokayukta

Correct match from List-II:

1. (c)Evaporate maladministration and corruption to bring good governance✓

15. Find the correct answer:

1. (a)Administrative law is a branch of public law and is only a part of Constitutional law. It cannot control the Constitutional law✓
2. (b)Administrative law is a branch of private Constitutional law
3. (c)Administrative law is independent of Constitutional law
4. (d)Administrative law is neither the branch of public law nor of private law, but a part of Constitutional law

5. Match the following correctly:

List I

A. Independence of the Judiciary

B. Executive Legislation

C. Quasi-Judicial Function

D. Collective Responsibility

List II

Appointment of Judges

Ordinance

Administrative adjudication

Parliamentary form of Government

Codes:

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

13. Assertion (A): Lokpal is the demand of time.

Reason (R): Lokpal is a time-saving institution.

14. “Administrative Law is the law concerning the powers and procedures of administrative agencies, including especially the law governing judicial review of administrative action.” This definition is given by —

Options:

1. (a)Ivor Jennings
2. (b)Garner
3. (c)K.C. Davis✓
4. (d)Wade

8. Administrative law deals with:

1. (a)Only powers of constitutional authorities
2. (b)Only judicial powers
3. (c)Only administrative powers✓
4. (d)All of the above

9. Administrative law does not primarily concern itself with which function?

1. (a)Rule-making
2. (b)Rule-application
3. (c)Quasi-judicial action
4. (d)Private law✓

12. Consider the following assertion and reason:

Assertion (A): In any intensive form of government, the government cannot function without the exercise of some discretion by its officials.

Reason (R): Giving discretion to government officials is necessary for the welfare of people.

Options:

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

13. Which of the following is correct regarding the functioning of Lokayukta institutions in Indian States?

1. (a)They are provided with an independent investigating agency
2. (b)They have not been given constitutional status✓
3. (c)Prosecution and punishment powers are vested with them
4. (d)Their decisions are final and not recommendatory

9. Who defined administrative law as "Law relating to the administration…"?

Options:

1. (a)Sir Ivor Jennings✓
2. (b)A.V. Dicey
3. (c)Kenneth Culp Davis
4. (d)Griffith and Street

10. What was declared in the Delhi Laws Act case?

Legislature should not delegate its essential legislative functions

Excessive delegation of powers can be struck down by courts

Extension of laws with modification and change in policy is allowed

Legislature should lay down standards while delegating powers

Options:

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

9. Assertion (A): The system of Droit Administratif is not based on the doctrine of separation of powers.

Reason (R): The French Administrative Law's most distinctive feature is the independence of administration from judicial control.

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. What is the objective of the Lokpal and Lokayuktas Act, 2013?

1. (a)To investigate charges of corruption against public and private companies
2. (b)To substitute the Central Vigilance Commission with Lokpal
3. (c)To repeal Lokayukta and establish Lokpal
4. (d)To inquire into allegations of corruption against public functionaries✓

15. Which of the following declarations relating to assets and liabilities by a public servant are to be made under the Lokpal and Lokayuktas Act, 2013?

Assets jointly or severally owned by the public servant, spouse, and dependent children

Assets owned by the public servant, parents, and children

Liabilities of the public servant, spouse, and dependent children

Liabilities of the public servant, spouse, parents, and children

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

Assets held by self, spouse, and dependent children (not parents)

Liabilities of self, spouse, and dependent children

Hence, only statements 1 and 3 are correct.

1. The objectives of the Preamble of the Constitution of India were first articulated in which of the following?

1. (a)Adopted by the Indian National Congress at its Calcutta Session
2. (b)Spelt out in the Indian Independence Act, 1947
3. (c)Spelt out in the Objective Resolution moved by Jawaharlal Nehru and adopted by the Constituent Assembly on 22nd January, 1947✓
4. (d)Spelt out by the Chairman of the Drafting Committee Dr. B.R. Ambedkar and adopted on 29th January, 1947

4. Assertion (A): High Court has no jurisdiction over the State Administrative Tribunal.

Reason (R): Because L. Chandra Kumar v. Union of India has decided so.

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

9. Read Assertion (A) and Reason (R) and choose the correct answer:

Assertion (A): Administrative law is law, but not law in the traditional lawyer’s sense like property or contract law.

Reason (R): In India, administrative law is a combination of judicial precedents and statutes.

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. Which of the following statements is correct regarding the establishment of Lokayukta under the Lokpal and Lokayukta Act, 2013?

1. (a)Every State must establish a Lokayukta under this Act within four years from its commencement.
2. (b)Every State must establish a Lokayukta by its own law, if not already done, within one year of the Act’s commencement.✓
3. (c)States having Lokayukta must amend their laws within one year, and others must establish within two years.
4. (d)States are not obligated to establish a Lokayukta.

13. In which of the following cases does the Lokpal have jurisdiction to conduct an inquiry under the Lokpal and Lokayukta Act, 2013?

Member of Parliament

Group 'C' and 'D' public servants

Employees of a board or corporation financed by the Central Government

Officers of a society or trust wholly or partly financed by the Central Government

Options:

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

14. Match List-I with List-II regarding the Lokpal and Lokayuktas Act, 2013:

List-I (Provisions):

A. Composition of Lokpal

B. Establishment of Lokayukta

C. Term of office of Chairperson and Members

D. Removal of Chairperson and Members

List-II (Relevant Sections):

Section 3(2)

Section 6

Section 37

Section 63

Codes:

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

15. The appointment of the Chairperson of Lokpal shall be made by the President after obtaining the recommendation of a Selection Committee consisting of:

1. (a)The Prime Minister; the Speaker of the Lok Sabha; and the Chief Justice of India
2. (b)The Prime Minister; the Speaker of the Lok Sabha; and the Leader of Opposition in the Lok Sabha
3. (c)The Prime Minister; the Leader of Opposition in the Lok Sabha; and one eminent jurist nominated by the President
4. (d)The Prime Minister; the Speaker of the Lok Sabha; the Leader of Opposition in the Lok Sabha; the Chief Justice of India or a Supreme Court Judge nominated by him; and one eminent jurist nominated by the President✓

The Chief Justice of India or a Supreme Court Judge nominated by him

One eminent jurist nominated by the President

1. Assertion (A): The preamble to the Constitution of India clearly indicates the ideals set before the Nation.

Reason (R): The ideals set before the Nation are Justice, Equity, Fraternity of the individual, and unity and integrity of the Nation.

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

9. Administrative law as a separate discipline, especially in India, gained recognition in which century?

1. (a)17th century
2. (b)18th century
3. (c)19th century
4. (d)20th century✓

15. What is the qualification required for a judicial member of the Lokpal?

1. (a)A Member of Parliament
2. (b)A Member of State Legislature
3. (c)A retired High Court judge
4. (d)A retired Chief Justice of a High Court✓

13. Assertion (A): Administrative law is a branch of public law as opposed to private law.

Reason (R): Administrative law primarily deals with the relationship of individuals inter se.

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

18. Which of the following Acts are amended by Section 58 of the Lokpal and Lokayuktas Act, 2013?

Commission of Inquiry Act, 1952

Central Vigilance Commission Act, 2003

Code of Civil Procedure

Central Bureau of Investigation Act

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

13. Which of the following statements are correct in relation to the growth of Administrative Law in India?

In the pre-constitutional period, a system of administrative legislation and adjudication existed.

The philosophy of the welfare state was made the creed of the Indian Constitution.

In the new economic order, the State is withdrawing from business, but its role as facilitator and regulator is increasing.

All administrative matters are dealt with by Administrative Courts and their decisions are final and not subject to judicial review.

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

17. Who among the following are within the jurisdiction of inquiry under Section 14 of the Lokpal and Lokayuktas Act, 2013?

Group 'A' or Group 'B' officers

Group 'C' or Group 'D' officials

Group 'E' or Group 'F' employees

Group 'G' or Group 'H' workers

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

18. Which of the following powers is not vested with Lokpal under Chapter VII of the Act, 2013?

1. (a)Power of search and seizure
2. (b)Power of criminal court in certain cases✓
3. (c)Power of attachment of assets
4. (d)Power to utilize services of Central or State Government officers

8. Which of the following is correct regarding Administrative Law?

1. (a)It is a branch of Public Law and part of Constitutional Law. It cannot control the Constitutional Law.✓
2. (b)It is a branch of Private Law.
3. (c)It is independent to the Constitutional Law.
4. (d)It is neither the branch of Public nor Private Law but a part of Constitutional Law.

1. Assertion (A): From a functional point of view, an administrative tribunal is neither exclusively a judicial body nor exclusively an administrative body, but is somewhere between the two.

Reason (R): An administrative tribunal is not bound by strict rules of evidence and procedure.

What is the correct explanation?

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

11. Which Articles were added to the Constitution of India to facilitate the establishment of specific tribunals to meet the needs of administrative justice?

1. (a)Article 124A
2. (b)Article 233A
3. (c)Articles 323A and 323B✓
4. (d)Articles 338A and 338B

4. Which of the following does not truly describe the nature of administrative law?

1. (a)The main thrust is on procedure for official action
2. (b)Deals with relationship of individuals with organized power
3. (c)Does not include control against arbitrariness✓
4. (d)Seldom addresses reconciliation of power with liberty

13. How were all legislative actions of the administration brought under the purview of Article 13?

1. (a)By conferring power of appeal on the Supreme Court
2. (b)By defining law narrowly under Article 13
3. (c)By vesting writ powers with courts
4. (d)By giving a wide definition of ‘law’ under Article 13✓

15. Which of the following Articles provide mechanisms to check excesses of government and administrative agencies?

1. (a)Article 32 and 226✓
2. (b)Article 300, 311 and 227
3. (c)Article 13 and 136
4. (d)Article 13 and 32

16. What was the reason for the growth of administrative processes in India?

1. (a)Constitution codified the administrative process
2. (b)Constitution gave Supreme Court exclusive power of appeal
3. (c)Constitution provided for a functional government✓
4. (d)Constitution lacked control mechanism for administrative actions

17. What is the relevance of control mechanisms under the Constitution?

1. (a)To enable administrative agencies to exercise unfettered authority
2. (b)To check the excess of administrative actions✓
3. (c)To make the Supreme Court and High Courts more powerful
4. (d)To allow people and government servants to control agencies

Ordinarily, a delegated legislation can be given

1. (a)Prospective effect only✓
2. (b)retrospective effect only
3. (c)both, prospective and retrospective effect
4. (d)effect, as the Court may decide

Which of the following is/are NOT administrative actions?

1. (a)Internment, Externment and Deportation ,
2. (b)Functions of a selection committee
3. (c)Fact-finding action
4. (d)Forming opinion on objective satisfaction✓

Given below are two statements

Statements I : The power of legislation carries with it the power to delegate and unless the legislature has completely abdicated or effaced itself, there is no restriction on delegation of legislative powers

Statement II : Parliament can abdicate or effaced itself by creating a parallel legislative body

In light of the above statements, choose the most appropriate answer from the options given below

1. (a)Bothe statements I and Statement II are correct
2. (b)Both Statement I and Statement II are incorrect
3. (c)Statement I is correct but Statement II is incorrect✓
4. (d)Statement I is incorrect but Statement II is correct

Given below are two statements: one is labelled as Assertion A and the other is labelled as

Reason R

(Assertion A) (Reason R)

Assertion A : The Supreme Court in Dev Dutta v Union of India (2008) emphasised that now transparency and good governance have been added as a new dimension to natural justice which includes the duty to give reason

Reason R : Reason reassure that discretion has been exercised by the decision maker on relevant grounds and by disregarding extraneous considerations

In the light of the above statements, choose the most appropriate answer from the options given below

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

About Administrative Tribunals, Supreme Court recommended in 2010 Madras Bar Association Case

A. The Tribunal should not become postretirement heaven for civil servents

B. Members of the Tribunals should be independent person and nor serving Civil servants

C. Members of Tribunal should retain lien in any government department

D. The Tribunal should resemble more the Courts and not bureaucratic boards

E. The Tribunals must depend on government for infrastructure facilities

Choose the correct answer from the options given below

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

Match the following jurists with their definitions of Administrative Law

List-I (Jurists)

A. Wade

B. Garner

C. Griffith & Street

D. Ivor Jennings

List-II (Definitions)

1. Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities

2. Main object of administrative law is the operation and control of administrative authorities

3. Rules recognized by the courts as law, and which relate to and regulate the administration of government

4. Law relating to the control of government power

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

Which of the following are correct about the ‘Rule of Law’?

A. It is derived from the French phrase “La principe de legalite”

B. It is called supremacy of law

C. It promotes arbitrary governance

D. Decisions could be made by discretion only

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

Given below are two statements: one is labelled as Assertion A and the other is labelled as Reason R

Assertion A: Once Rule of Law is acknowledged as a constitutional law superior to the express provision in Article 21, it is only one step further to assert that Rule of Law is a 'basic feature' of Indian Constitution, which is beyond the pale of the express provision in Article 368, which was provided for by the initial constituent body

Reason R: It is not unimaginable to conceive that the enacted provisions of a written Constitution would be nullified by invoking some unwritten principle of law of higher ethical value as evident under the West German Constitution of 1949. In the light of the above statements, choose the most appropriate answer from the options given below

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

The System of 'Droit Administrative' evolved in which of the following jurisdiction?

1. (a)England
2. (b)France✓
3. (c)USA
4. (d)Germany

Which of the following formulation do not incorporate Prof. A.V. Dicey's concept of Rule of Law?

1. (a)Absence or Excess of discretionary power✓
2. (b)Absence of discretionary power
3. (c)Equality before law
4. (d)Predominance of Legal sprit