100+ Administrative Law Solved MCQs

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.
Answer» B. k c davis
2.

Which of the following is not the meaning of 'Rule of law' according to A V Dicey

A. supremacy of law
B. equality before law
C. pre-dominance of legal spirit
D. wide discretionary powers
Answer» D. wide discretionary powers
3.

Which one of the following is NOT the drawback concept of Rule of Law as given 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.
Answer» 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
Answer» 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.
Answer» A. the legislative order has to be published
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
Answer» 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
Answer» C. the delegate cannot further delegate
8.

The principle that by exercising the power of modification the delegate cannot 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
Answer» B. delhi laws act 1912, re air 1951 sc
9.

Which of the functions may not be delegated

A. commencement
B. inclusion and exclusion
C. application of existing laws
D. essential legislative functions
Answer» 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
Answer» B. right of fair hearing
11.

Which of the following is true when a government contract which does not conform 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
Answer» A. the contract is not enforceable in court against the parties
12.

Which of the following is write definition of the phrase Nemo judex in causa 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
Answer» B. no man shall be a judge in his own cause
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
Answer» 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
Answer» C. sub delegation
15.

Principles of natural justice are NOT applicable against which of the following actions ?

A. administrative actions
B. rule making action
C. quasi judicial actions
D. judicial process
Answer» B. rule making action
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
Answer» A. a k kraipak v union of india
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
Answer» 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
Answer» B. right to hearing
19.

The Administrative tribunal have been recognised under which of the following articles of the constitution

A. art136 and art 227
B. art 323 a and 323 b
C. all of the above
D. art 32
Answer» C. all of the above
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
Answer» A. all courts are tribunals but all tribunals are not courts
21.

excess or abuse of discretion can be through which of the following grounds

A. living out relevant consideration
B. arbitrary action
C. exceeding jurisdiction
D. all of the above
Answer» D. all of the above
22.

The case of Air India v Nergesh Meerza relating to termination of service on 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
Answer» B. unreasonableness
23.

the institution of ombudsman originated in 1809 at

A. france
B. sweden
C. germany
D. australia
Answer» B. sweden
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.
Answer» B. K C Davis
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.
Answer» D. Administrative law is the law concerning organisation and functions of government at rest.
26.

Which of the following is not the meaning of 'Rule of law' according to A V Dicey

A. Supremacy of law
B. Equality before law
C. Pre-dominance of legal spirit
D. Wide discretionary powers
Answer» D. Wide discretionary powers
27.

A V Dicey criticized which legal system?

A. English legal system
B. French legal system
C. Australian legal system
D. American legal system
Answer» B. French legal system
28.

Which one of the following is NOT the drawback concept of Rule of Law as given 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.
Answer» D. did not support supremacy of law.
29.

……………….. is considered to be the doctrinal barrier for development of Administrative law in USA

A. Rule Of Law
B. Separation Of Powers
C. Doctrine Of Pleasure
D. Henry VIII clause
Answer» B. Separation Of Powers
30.

The doctrine of Separation Of Power was systematically propounded by

A. Montesquieu in his book The Spirit of Laws
B. Plato in his book The Social Contract
C. Aristotle in his book The Spirit of Laws
D. Montesquieu in his book The Constitution.
Answer» A. Montesquieu in his book The Spirit of Laws
31.

Doctrine of separation of powers means

A. one organ of the government should not exercise the function of the other
B. one organ of the government should not control or interfere with the exercise of its functions by another organ
C. same persons should not form part of more than one of the three organs of the government
D. all of the above
Answer» D. all of the above
32.

The delegated legislation means……………..Which of the following is false?

A. the exercise by subordinate agency of legislative power delegated to it
B. The subsidiary rules made by the subordinate authorities in persons of the power conferred
C. The power of Central Government to make rules and regulations authorised by the parent act
D. The amendment made to the Act to suit the changing conditions.
Answer» D. The amendment made to the Act to suit the changing conditions.
33.

The principle that by exercising the power of modification the delegate cannot 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
Answer» B. Delhi Laws Act 1912, Re AIR 1951 SC
34.

Which of the following functions are permissible delegations

A. Future Acts
B. Imposition of tax
C. Supplying of details
D. Ouster of jurisdiction of Court
Answer» C. Supplying of details
35.

Which of the following is/are the requisite conditions for a contract made in the exercise of executive power of the centre?

A. The contract must be expressed to be made by the president
B. The contract is to be executed in such manner and by such person as the President may direct
C. The contract must be entered on behalf of the President
D. All of the above
Answer» D. All of the above
36.

Which of the following is true when a government contract which does not conform 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. none of the above
Answer» A. the contract is not enforceable in Court against the parties
37.

Which of the following is write definition of the phrase Nemo judex in causa 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
Answer» B. no man shall be a judge in his own cause
38.

Which of the following is NOT the ground for substantive ultra vires?

A. Where parent Act is unconstitutional
B. Where parent act delegates essential legislative functions
C. Where delegated legislation is arbitrary
D. where mandatory consultation process is not complied with
Answer» D. where mandatory consultation process is not complied with
39.

Principles of natural justice are NOT applicable against which of the following actions ?

A. Administrative actions
B. Rule making action
C. Quasi judicial actions
D. Judicial process
Answer» B. Rule making action
40.

'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
Answer» A. A K Kraipak v Union of India
41.

Which of the following is NOT an essential component of the doctrine of Audi alteram partem?

A. Right of notice
B. Oral hearing
C. Reasoned decision
D. Both A and B.
Answer» B. Oral hearing
42.

When 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
Answer» B. Right to hearing
43.

The Administrative tribunal have been recognised under which of the following articles of the constitution

A. Art136 and Art 227
B. Art 323 A and 323 B
C. all of the above
D. Art 32
Answer» C. all of the above
44.

Acting under dictation, non-application of mind, imposing fetters on discretion, sub delegation are examples of which of the following

A. Excess or abuse of discretion
B. Failure to exercise discretion
C. Order based on mixed consideration
D. None of the above
Answer» B. Failure to exercise discretion
45.

excess or abuse of discretion can be through which of the following grounds

A. Living out relevant consideration
B. Arbitrary action
C. Exceeding jurisdiction
D. All of the above
Answer» D. All of the above
46.

The case of Air India v Nergesh Meerza relating to termination of service on 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
Answer» B. Unreasonableness
47.

Which of the following is NOT an essential to issue writ of mandamus

A. Legal duty of authority
B. Refusal to do the duty
C. Legal right of the petitioner
D. It lies against private individual
Answer» D. It lies against private individual
48.

When the court finds that the order is suffering from error apparent on face of the record, which of the following writs can be issued?

A. Writ Of Habeas Corpus
B. Writ Of Mandamus
C. Writ Of Certiorari
D. Writ Of Quo Warranto
Answer» C. Writ Of Certiorari
49.

The tortious liability of the government is recognised in the Indian constitution by

A. Art 298
B. Art 294
C. Art 323
D. Art 299
Answer» B. Art 294
50.

The tortious liability of the State was NOT recognised in which of the following cases?

A. State of Rajasthan vs Vidyawati
B. Kasturi Lal vs State of Uttar Pradesh
C. State of Gujarat vs Memon Mohammed Haji
D. Railway Board vs Chandrima Das
Answer» B. Kasturi Lal vs State of Uttar Pradesh
51.

The public corporation can be held liable under which of the following the liability/ies?

A. Liability in contracts
B. Liability in torts
C. Liability for crimes
D. All of the above
Answer» D. All of the above
52.

Which of the following statements are false?
1 The Public Corporation can be sued in the court of law
2 Public Corporation is not 'State' under Art 12
3 The doctrine of ultra vires is applicable to public corporations
4 Servants of the government company are civil servants under article 311 of the constitution?

A. 1, 4 are false
B. 2 and 4 are false
C. 2 and 3 are false.
D. None of the above
Answer» B. 2 and 4 are false
53.

Provision with respect to tribunals were added by ______ amendment Act 6

A. 44th
B. 24th
C. 42nd
D. 25th
Answer» C. 42nd
54.

Doctorine of separation of powers was systematically formulated by___

A. Plato
B. Montesquine
C. Dicey
D. Aristotle
Answer» B. Montesquine
55.

___ are the following statements is true

A. Delegated legislative cannot have retrospective effect
B. Delegated legislative can have retrospective effect, if authorised by the Act or Statute.
C. Delegated legislative can have retrospective effect, if not authorised by the Act or Statute.
D. Delegated legislative can have retrospective effect, when it has reasonable and satisfied justification
Answer» B. Delegated legislative can have retrospective effect, if authorised by the Act or Statute.
56.

The application of doctrine of vicarious liability in crimes seems to have been activated by a necessity rather than desirability ___ the justification is based on

A. Public policy
B. Failure to supervise
C. Treated as unauthorised
D. Strict liability.
Answer» A. Public policy
57.

________ is popularly known as “ Habeas Corpus Case”.

A. M C Mehta v/s Union of India(1992) I SCC 358.
B. Godavarman Thirumulk Pad v/s Union Of India (1007) 2 SCC 267
C. A D M Jabalpur v/s Shivakant Shukla (1976) 2 SCC 521.
D. Chandrakanta v/s S K Habib (1975) 1 SCC 674
Answer» C. A D M Jabalpur v/s Shivakant Shukla (1976) 2 SCC 521.
58.

Which of the following statement is not correct “Rule of law” means

A. Supremacy of law
B. Equality before law
C. Predominance of legal spirit
D. Supremacy of the judiciary
Answer» D. Supremacy of the judiciary
59.

Who selects the Chairman and members of the Union Public Service Commission

A. The Home Minister
B. The President
C. The Parliment
D. The Supreme Court
Answer» B. The President
60.

Doctrine of Locus standi means

A. Writ can be filed by any person
B. Power of courts for judicial review
C. Right of petitioner to file writ petition
D. Discussion of administrative authority
Answer» C. Right of petitioner to file writ petition
61.

In exercise of the power conferred by Article 323A of the Constitution, parliament enacted the Administrative Tribunal Act in

A. 1986
B. 1988
C. 1985
D. 2001
Answer» C. 1985
62.

Tribunals exercising quasi-judicial functions are not courts and that therefore they are ___

A. Bound to follow rules of evidence
B. Bound to follow the procedure prescribed for trial courts
C. Not to bound to follow the procedure prescribed for trial of actions in courts nor they are bound by strict rules of evidence
D. Bound to follow rules of procedure and strict rules of evidence.
Answer» C. Not to bound to follow the procedure prescribed for trial of actions in courts nor they are bound by strict rules of evidence
63.

The Supreme Court or High Court commanding a person or the body to do that which is his or its duty to do it

A. Mandamus
B. Habeas Corpus
C. Prohibition
D. Certiorari
Answer» A. Mandamus
64.

The power of the judicial review means

A. The power of courts to define and interpret the constitution
B. The power of the courts to declare null and void any legislative or executive act which is against the provisions of the constitution
C. The power of the judiciary to define and interpret the law
D. The power of the court to legislate when there is no statutory provision
Answer» B. The power of the courts to declare null and void any legislative or executive act which is against the provisions of the constitution
65.

Which one of the following statement is not correct?

A. The Supreme court can overrule itself
B. A high Court Can overrule itself
C. Judgements of the Supreme Court bind the lower courts.
D. Judgements of a High Court do not bind on the lower courts of the State.
Answer» D. Judgements of a High Court do not bind on the lower courts of the State.
66.

Dicey developed the theory of “Rule of Law” in his classic work in

A. The law and the constitution
B. The sprit of the laws
C. Constitutional law
D. The law and the spirit
Answer» A. The law and the constitution
67.

Delegates non protest delegare means

A. A delegate can further delegate
B. A delegate cannot further delegate
C. Delegation is bad in law
D. Delegation os not provided to delegate
Answer» B. A delegate cannot further delegate
68.

Which function cannot be delegated

A. Essential legislative functioning
B. Exclusion.
C. Suspension
D. Commencements
Answer» A. Essential legislative functioning
69.

The Latin phrase ___ means have the body

A. Mandamus
B. Habeas corpus
C. Prohibition
D. Certiorari
Answer» B. Habeas corpus
70.

“ Quo Warranto” literary means

A. To issue warrant
B. Produce the body
C. What is your authority
D. Can order to execute
Answer» C. What is your authority
71.

“ we are under the Constitution but the constitution is what the judges say it is” besides U S A to which one of the following countries cna this be applicable?

A. Switzerland
B. India
C. U.K
D. Russia
Answer» B. India
72.

_____ is the 1st law officer Government of India

A. Chief Justice of India
B. Law Secretary
C. Solicitor General of India
D. Attorney General of India
Answer» D. Attorney General of India
73.

___ statements implies natural justice

A. The principle of natural justice is followed by the courts
B. Justice delayed is justice denied
C. Natural justice is an inalienable right of a citizen
D. A reasonable opportunity of being heard must be given
Answer» D. A reasonable opportunity of being heard must be given
74.

Public Corporation is ____

A. “hybrid organism” showing some of the feature of a Government department while some of the features of a business company,
B. A Government department only
C. A business company
D. Not an independent corporate personality.
Answer» A. “hybrid organism” showing some of the feature of a Government department while some of the features of a business company,
75.

Ombudsman means

A. An officer of the Court
B. An officer of the executive
C. An officer of the parliament
D. An agent of the judiciary
Answer» C. An officer of the parliament
76.

Under ______ article /articles, the High Court and The Supreme Court can issue Writs

A. Article 44 and 45
B. Article 123 and 213
C. Article 32 and 226
D. Article 53 and 153
Answer» C. Article 32 and 226
77.

Delegated legislation means delegislation of power

A. From executive to judiciary
B. From minister to executive
C. From judiciary to legislature
D. From legislature to executive
Answer» D. From legislature to executive
78.

The theory of natural justice is based upon two principle, one of which is Nemo debet esse judex in propria causa, which means,

A. No one should be condemned unheard
B. King can do no wrong
C. The same person should not form part of more than one of the three organs
D. No man should be made a judge in his own cause
Answer» D. No man should be made a judge in his own cause
79.

“ultra Virus” literally means

A. Excessive delegation
B. Beyond powers
C. Violation of fundamental rights
D. inconsistent
Answer» B. Beyond powers
80.

Ombudsman as an institution, was first set up in

A. England
B. France
C. India
D. Sweden
Answer» D. Sweden
81.

Tick the true statement of Natural justice

A. A public body shall not make a decision which is so absurd that no reasonable authority could ever have made to it.
B. A public body shall not act in good faith
C. A public body shall direct itself properly
D. No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly heard.
Answer» D. No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly heard.
82.

Which of the following statement is the key principle of Ridge v/s Baldwin (1964)

A. The rules of natural justice apply only to the proceedings of courts and tribunals
B. The rules of natural justice apply to all public bodies
C. Proportionality will be applicable whenever a court is deciding whether rules of natural justice have been breached
D. The rules of natural justice are capable of applying in principle where an administrative body acts judicially.
Answer» D. The rules of natural justice are capable of applying in principle where an administrative body acts judicially.
83.

______ defines administrative law as the law relating to administration, it determines the organisation, powers and the duties of Administrative authorities.

A. Dicey
B. Keneth culp davis
C. Sir Ivor Jennings
D. Upendra
Answer» C. Sir Ivor Jennings
84.

Administrative law is a branch of _______

A. Private law
B. Public law
C. Property law
D. Procedural law
Answer» B. Public law
85.

Origin of the concept of Droit Administratiff is

A. U S A
B. U.K
C. GERMANY
D. FRANCE
Answer» D. FRANCE
86.

The basic concept of delegated legislation denote the delegation of ___ powers

A. Voting power
B. Rule making power
C. Administrative power
D. Judicial power
Answer» B. Rule making power
87.

_____ is the “Rule of Law” choose 1

A. Everyone but the president must follow the law
B. Government does not have to follow the law
C. All laws must be the same in every state
D. Everyone must follow the law
Answer» D. Everyone must follow the law
88.

_______ stops one branch of government from becoming too powerful (choose one)

A. The president
B. Checks and balances
C. The people
D. Freedom of speech
Answer» B. Checks and balances
89.

______ is incharge of the executive branch

A. Speaker of the house
B. The Prime Minister
C. The President
D. The Chief Justice
Answer» C. The President
90.

“constitutional law is concerned with the organisation and functions of Government at test, which administrative law, is concerned with that organisation and those function” this statement was given by

A. Austin
B. Solmond
C. M P Jain
D. Hood Phillips
Answer» D. Hood Phillips
91.

Writ of quo warranto can be issued against

A. Any person
B. Public office, who wish to assume the office
C. Public officer, who is holding public office
D. Public office, who has ceased to hold the public office
Answer» C. Public officer, who is holding public office
92.

“Corporate personality is a mere procedural form which is used to work out a convenient wy for immediate purpose” It was stated by

A. Hooland
B. Austin
C. Strke
D. Honfield
Answer» D. Honfield
93.

“Common law is essentially a judge made law” this opinion was expressed by

A. Pollock
B. Austin
C. Paton
D. Salmond
Answer» D. Salmond
94.

Tick the incorrect answer

A. Laissez-faire is an economic philosophy of controlled market
B. The theory of laissez-faire was developed by the French Physiocrate during the 18th century
C. Laissez-faire is considered as a path to economic prosperity
D. Laissez-faire is an economic philosophy of free market capitralism
Answer» A. Laissez-faire is an economic philosophy of controlled market
95.

Tick the incorrect answer Delegated legislation may be classified into 4 types

A. Title based classification
B. Discretion based classification
C. Purpose base classification
D. Control based classification
Answer» D. Control based classification
96.

Tick the correct answer

A. Delegated legislation has become inevitable but the question of control has become crucial
B. Delegated legislation can be avoided absolutely
C. Sub-delegation of delegated legislation is always better
D. Conditional legislation can control the delegated legislation
Answer» A. Delegated legislation has become inevitable but the question of control has become crucial
97.

Administrative tribunal exercise

A. Purely administrative function
B. Purely judicial functions
C. Purely legislative functions
D. Quasi judicial functions
Answer» D. Quasi judicial functions
98.

___ is the effect of violation of the rule “Audi Alteram Partem” on an administrative action

A. Mere irregularity
B. Null and void
C. An illegality
D. Voidable
Answer» B. Null and void
99.

The writ of certiorari necessarily implies that;

A. An error of fact, cannot be corrected
B. An error of law apparent on the face of the record can be corrected
C. Violation of natural justice
D. The delegated legislation is violation of provision of parent Act
Answer» B. An error of law apparent on the face of the record can be corrected
100.

Which part of the judgement establishes the precedent that is to be followed by lower courts?

A. The Ratio Decidendi
B. The facts that are identified as binding by the judge
C. The section of the judgement entitled “ precedent”
D. The obiter Dicta
Answer» A. The Ratio Decidendi
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