Administrative Law solved MCQs

1 of 5

1. 'Administrative law is a law concerning the powers and procedures of
administrative agencies including especially the law governing judicial
review of administrative action'. This definition is given by

a. ivor jennings

B. k c davis

c. h wr wade

d. cessare becarria.

2. Which of the following is not the meaning of 'Rule of law' according to A VDicey

a. supremacy of law

B. equality before law

c. pre-dominance of legal spirit

d. wide discretionary powers

3. Which one of the following is NOT the drawback concept of Rule of Law asgiven by A V Dicey

a. failure to distinguish between arbitrary power discretionary power

B. misunderstood the real nature of droit administratif

c. did not recognise the existence of administrative law in england

d. did not support supremacy of law.

4. The functions of the executive can be classified as

a. delegated legislation

B. quasi judicial function

c. discretionary functions

d. all of the above

5. Which of the following is true?

a. the legislative order has to be published

B. for quasi judicial decisions reasons may not be given

c. the duty to give reasons applies to legislative orders

d. the administrative powers cannot be sub delegated.

6. Which of the following is not held to be a quasi- judicial function

a. determination of citizenship

B. disciplinary proceedings against students

c. determination of disqualification of members of parliament

d. an order of preventive detention

7. 'Delegatus non protest delgare' means

a. the delegate not protest against the authority

B. the delegate does not have potential for making laws

c. the delegate cannot further delegate

d. the delegate can further delegate

8. The principle that by exercising the power of modification the delegatecannot change the legislative policy was developed in the case of

a. r v burah

B. delhi laws act 1912, re air 1951 sc

c. ram jawaya kapur v state of punjab 1955 sc

d. none of the above

9. Which of the functions may not be delegated

a. commencement

B. inclusion and exclusion

c. application of existing laws

d. essential legislative functions

10. Which of the following is correct definition of ‘Audi alteram partem’?

a. listening to the appeal

B. right of fair hearing

c. right to know reasons of decision

d. all of the above

11. Which of the following is true when a government contract which does notconform to the provisions of Art 299 of the Constitution?

a. the contract is not enforceable in court against the parties

B. the contract is voidable at the option of both the parties

c. the contract is void

d. r s d panchal, asst prof , dcll

12. Which of the following is write definition of the phrase Nemo judex incausa sua

a. no man is capable of rendering judgement on himself

B. no man shall be a judge in his own cause

c. no man can punish himself

d. proper justice can be done if the judge is related to the party

13. Which of the following is not a control on delegated legislation

a. judicial

B. legislative

c. doctrine of ultra vires

d. doctrine of lifting of veil

14. Which of the following is not the ground of procedural ultra vires

a. non publication of rules

B. no consultation

c. sub delegation

d. none of the above

15. Principles of natural justice are NOT applicable against which of thefollowing actions ?

a. administrative actions

B. rule making action

c. quasi judicial actions

d. judicial process

16. 'Principles of natural justice are applicable even when the statute is silent
…….they do not supplant law of the land but supplement it'. this was held in
which case?

a. a k kraipak v union of india

B. m c mehta v union of india

c. a k gopalan v union of india

d. none of the above

17. Which of the following is NOT a type of bias

a. pecuniary bias

B. personal bias

c. judicial obstinacy

d. none of the above

18. When a personal hearing is given by one officer and order is passed by another officer, which of the following principle/s of natural justice is/are violated

a. rule against bias

B. right to hearing

c. reasoned decision

d. all of the above

19. The Administrative tribunal have been recognised under which of thefollowing articles of the constitution

a. art136 and art 227

B. art 323 a and 323 b

c. all of the above

d. art 32

20. Which of the following statements is true?

a. all courts are tribunals but all tribunals are not courts

B. tribunals are not bound by the decisions of supreme court

c. a tribunal is established by government

d. tribunals are not bound by principles of natural justice

21. excess or abuse of discretion can be through which of the followinggrounds

a. living out relevant consideration

B. arbitrary action

c. exceeding jurisdiction

d. all of the above

22. The case of Air India v Nergesh Meerza relating to termination of serviceon ground of first pregnancy is a classic example of …….

a. acting under dictation

B. unreasonableness

c. excess of jurisdiction

d. non observance of principles of natural justice

23. the institution of ombudsman originated in 1809 at

a. france

B. sweden

c. germany

d. australia

24. 'Administrative law is a law concerning the powers and procedures of administrative agencies including especially the law governing judicial review of administrative action'. This definition is given by

a. Ivor Jennings

B. K C Davis

c. H WR Wade

d. Cessare Becarria.

25. Which of the following is FALSE statement?

a. the primary function of administrative law is to restrict the governmental powers

B. the administrative law seeks to protect private interest and rights from encroachment of State

c. Administrative law governs relation between Government and citizens

d. Administrative law is the law concerning organisation and functions of government at rest.

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