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Administrative law - 1

Description: Administrative law - 1
Number of Questions: 15
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The structuring of administrative laws in France and India is

  1. identical

  2. different

  3. similar

  4. None of these


Correct Option: B
Explanation:

The structuring of administrative laws in France and India is different.

It may be said that administrative law deals with

  1. transfer of power by the legislature to the administrative agencies

  2. exercise of power by the administrative agencies

  3. judicial review of administrative action

  4. All of the above


Correct Option: D
Explanation:

Scope of administrative law is transfer of power, exercise of power by the legislature and judicial review of administrative action.

The Constitution of India

  1. provides for separation of powers in rigid sense

  2. has no scheme of separation of powers in a rigid sense

  3. is not concerned with the subject of separation of powers

  4. None of these


Correct Option: B
Explanation:

Constitution of India has no separation of powers in a rigid sense.

Danger of injustice lies in

  1. blended power

  2. unchecked power

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Danger of injustice lies in unchecked power.

Administrative agencies derive their authority

  1. from a ‘code’

  2. from the constitution alone

  3. from the laws made by the agencies

  4. All of the above


Correct Option: D
Explanation:

Administrative agencies derive their authority through a code, constitution and from the laws made by agencies.

The nature of administrative law is rigid and streamlined.

  1. This statement is true.

  2. The general principles are well-settled, but their application depends necessarily on the totality of the circumstances and facts.

  3. Neither of the above statements is true.

  4. Both the statements are true.


Correct Option: B
Explanation:

The nature of administrative law is not rigid and streamlined, the general principles are well-settled, but their application depends necessarily on the totality of the circumstances and facts.

The statement that administrative law determines the organisation, powers and duties of administrative authorities is

  1. applicable only to UK

  2. applicable to India also

  3. not applicable anywhere

  4. not correct


Correct Option: B
Explanation:

Only in India, administrative law determines the organisation, powers and duties of administrative authorities.

An administrative body is not answerable to any ordinary court in

  1. France

  2. England

  3. India

  4. None of these


Correct Option: A
Explanation:

An administrative body is not answerable to any ordinary court in France.

The principles of natural justice

  1. are fixed and their components are not variable

  2. are laid down in the statutes under which an adjudicatory body functions

  3. are not “embodied“ rules

  4. require proceedings in administrative adjudication to be as formal as in a court of law


Correct Option: D
Explanation:

The principles of natural justice require proceedings in administrative adjudication to be as formal as in a court of law.

The idea of separation of power by a system of legal checks and balances is credited to

  1. Plato

  2. Montesquieu

  3. Julius Caesar

  4. None of these


Correct Option: B
Explanation:

The idea of separation of power by a system of legal checks and balances is credited to Montesquieu.

Delegated legislation is

  1. the phenomenon of shirking of responsibility

  2. the phenomenon of gathering some funds for political purposes

  3. the phenomenon of empowering an administrative agency which has acquired expertise in one field to effectively discharge its functions

  4. None of these


Correct Option: C
Explanation:

Delegated legislation is the phenomenon of empowering an administrative agency which has acquired expertise in one field to effectively discharge its functions.

Under delegated legislation,

  1. powers given to the executive may be vague and ambiguous

  2. powers given to the executive may be as the competent authority likes

  3. powers given to the executive must be clearly spelt out, explicitly worded

  4. None of these


Correct Option: C
Explanation:

Under delegated legislation the powers given to the executive must be clearly spelt out explicitly worded.

Under the umbrella of explicitly worded delegation,

  1. wording may empower the delegate to do whatever he may feel inclined

  2. wording may empower the delegate to do whatever he may deem necessary or advisable, provided the action can be related to one of the prescribed purposes

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Under the umbrella of explicitly worded delegation, the wording may empower the delegate to do whatever he may deem necessary or advisable, provided the action can be related to one of the prescribed purposes.

Administrative law as a separate discipline is

  1. centuries old

  2. a couple of decades old

  3. the product of the present century

  4. None of these


Correct Option: C
Explanation:

Administrative law as a separate discipline is the product of the present century.

With a well-functioning legislature and judiciary,

  1. no problems can arise requiring attention of a separate administrative body

  2. problems can arise only if the legislature and the judiciary are at daggers drawn

  3. the need for expertise and concentration upon the problem as a whole still requires the development of administration process

  4. None of these


Correct Option: C
Explanation:

With a well-functioning legislature and judiciary, the need for expertise and concentration upon the problem as a whole still requires the development of administration process.

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