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Administrative Law - 2

Description: Administrative Law - 2
Number of Questions: 15
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The ‘removal of difficulties’ clause is nicknamed as the Henry VIII clause to indicate the autocracy of

  1. judiciary

  2. executive

  3. legislative

  4. state


Correct Option: B
Explanation:

The ‘removal of difficulties’ clause is nicknamed as the Henry VIII clause to indicate the autocracy of executive.

Speaking order is also known as

  1. doctrine of proportionality

  2. doctrine of exhaustion of administrative remedies

  3. reasoned decision

  4. doctrine of ripeness


Correct Option: C
Explanation:

Speaking order is also known as reasoned decision.

The maxim ‘audi alteram partem’ means

  1. no man shall be judge in his own case

  2. everyone is the best judge of his own interest

  3. make an adjudication fair and impartial

  4. hear the other side


Correct Option: D
Explanation:

'Audi alteram partem' is a Latin phrase meaning "listen to the other side" or "let the other side be heard as well".

Which of the following doctrines determines who may properly sue in court?

  1. Doctrine of standing

  2. Doctrine of ripeness

  3. Doctrine of proportionality

  4. None of these


Correct Option: A
Explanation:

Doctrine of standing or standing to sue is a court-created doctrine which determines whether or not the court will hear a particular federal lawsuit.

The doctrines of “mootness” and “ripeness” both deal with _______ it is appropriate for a court to hear a particular case.

  1. when

  2. how

  3. where

  4. None of these


Correct Option: A
Explanation:

The doctrines of “mootness” and “ripeness” both deal with when it is appropriate for a court to hear a particular case. They are related to the case or controversy requirement in the US Constitution, which limits courts to hearing only those cases in which actual people or companies have an actual stake in the matter.

The concept of post-decisional hearing was evolved in the case of

  1. Maneka Gandhi v. Union of India

  2. State of Punjab v. Baktawat Singh

  3. Liberty Oil Mills v. Union of India

  4. None of these


Correct Option: A
Explanation:

Post-decisional hearing takes place where it may not be feasible to hold pre-decisional hearing. This principle was laid down in Maneka Gandhi v. Union of India. This post-decisional hearing cannot be treated as a substitute of pre-decisional hearing, the reason being that for the aggrieved person, pre-decisional hearing affords such better safeguards.

The idea of post-decisional hearing has been developed to

  1. establish supremacy of the Supreme Court

  2. have a democratic society

  3. maintain a balance between administrative efficiency and fairness

  4. None of these


Correct Option: C
Explanation:

Post-decisional hearing takes place where it may not be feasible to hold pre-decisional hearing. This principle was laid down in Maneka Gandhi v. Union of India. This post decisional hearing cannot be treated as a substitute of pre-decisional hearing, the reason being that for the aggrieved person, pre-decisional hearing affords such better safeguards.

A mandatory procedural requirement for an administrative tribunal must be

  1. legal representation

  2. cross-examination

  3. reasoned decision

  4. All of the above


Correct Option: C
Explanation:

A mandatory procedural requirement for an administrative tribunal must be reasoned decision. It makes the process of stating the reason mandatory. 

What is the element of the doctrine of proportionality in administrative law?

  1. State measures concerned must be suitable for the purpose of facilitating or achieving the pursued objectives.

  2. The suitable measures must also be necessary, in the sense that the authority concerned has no other mechanism at its disposal. Thus, it is not the method used which has to be necessary, but "the excessive restriction of freedom involved in the choice of method".

  3. The measure concerned may not be disproportionate to the restrictions which it involves. The principle of proportionality has been characterised as “the most important general legal principle in the common market law".

  4. All of the above


Correct Option: D
Explanation:

The doctrine of proportionality is emerging as another new ground of judicial review of administrative action. With the rapid growth of administrative law and the need and necessity to control possible abuse of discretionary powers by various administrative authorities, certain principles have been evolved by the courts. If an action taken by any authority is contrary to law, improper, unreasonable or irrational, a court of law can interfere with such action by exercising power of judicial review. One of such modes of exercising power is the doctrine of proportionality.

Administrative Tribunal exercises

  1. purely administrative functions

  2. purely judicial functions

  3. purely legislative functions

  4. quasi judicial functions


Correct Option: D
Explanation:

Administrative Tribunal exercises quasi judicial functions. A quasi-judicial body is an entity such as an arbitrator or tribunal board, generally of a public administrative agency, which has powers and procedures resembling those of a court of law or judge.

Judicial review of an administrative action means

  1. review by the Parliament

  2. review by the Government

  3. review by the Legislative Assembly

  4. review by the Judiciary


Correct Option: D
Explanation:

Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.

Droit administratif is known as the administrative law of

  1. England

  2. America

  3. Canada

  4. France


Correct Option: D
Explanation:

The French body of administrative law is called "droit administratif".

The provisions of Administrative Tribunals Act, 1985 shall not apply to

  1. any member of the naval, military or air force or of any other armed forces of the Union

  2. any officer or servant of the Supreme Court or any High Court or courts subordinate thereto

  3. any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature of a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.

  4. All of the above


Correct Option: D
Explanation:

Section 2 of the Administrative Tribunals Act, 1985 specifically provides that the provisions of Administrative Tribunals Act, 1985 shall not apply to

  1. any member of the naval, military or air force or of any other armed forces of the Union
  2. any officer or servant of the Supreme Court or any High Court
  3. any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature of a House thereof or in the case of a Union territory having a Legislature, of that Legislature

In which of the following grounds can the judicial review of an administrative action be made?

(i) Abuse of discretion (ii) Mala fide (iii) Irrelevant consideration (iv) Unreasonableness

  1. Only (i), (ii) and (iii) are correct.

  2. Only (i) and (ii) are correct.

  3. Only (ii) and (iii) are correct.

  4. All (i), (ii), (iii) and (iv) are correct.


Correct Option: D
Explanation:

On the abuse of discretion of court, mala fide intention, irrelevant consideration and unreasonableness are the grounds on which the judicial review of an administrative action be made.

In the exercise of sovereign powers by the servants, the liability of State exists

  1. in both in India and England

  2. in India only

  3. in England only

  4. neither in India nor in England


Correct Option: C
Explanation:

In the exercise of sovereign powers by the servants, the liability of State exists in England only. 

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