McqMate
These multiple-choice questions (MCQs) are designed to enhance your knowledge and understanding in the following areas: Bachelor of Science in Law (BSL) , Bachelor of Laws (LLB) , Common Law Admission Test (CLAT) , Bachelor of Legal Science (BLS) .
| 1. |
'Administrative law is a law concerning the powers and procedures of
|
| 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
|
| 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 | |
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