administrative law bl questions

8/10/2019 Administrative Law BL Questions

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DR. AMBEDKAR UNIVERSITY

QUESTION PAPER NO. 1

Time: 3 Hours Maximum: 100 Marks

PART A (3x16=48 Marks)

Answer any three of the following:

1. Discuss the scope of administrative law and bring out the difference between administrative

law and constitutional law. (Refer Page No. 1)

2. Discuss with the help of decided cases, the judicial control of delegated legislation. (Refer

Page No . 132)

3. What is administrative discretion? Explain with the help of decided cases how the exercise of

discretion is subject to judicial scrutiny. (Refer Page No . 219)

4. Examine the significance of the writ of certiorari as a means to control administrative

action.(Refer Page No. 273)

5. Explain the essentials of fair hearing. (Refer Page No . 171)

PART B - (6x6=36 Marks)

6. Write short notes on any six of the following:

a. Domestic Tribunal (Refer Page No. 212)

b. Ombudsman(Refer Page No . 303)

c. Government Privileges in litigation(Refer Page No . 317)

d. Promissory estoppel (Refer Page No. 325)

e. Henry VIII Clause(Refer Page No . 113)

f. Official bias (Refer Page No. 166)g. Statutory Remedies (Refer Page No. 89)

h. Tortious liability of the Government (Refer Page No. 329)

PART C - (2x8=16 Marks)

Answer any two questions:

7. Meneka Gandhi V. Union of India (Refer Pag e No. 188, 335)

8. Gullapalli Nageswara Rao V. A.P.S.R.T.C.(Refer Page No . 167)

9. Anglo Afgan Agencies V.Union of India(Refer Page No. 64, 325)

QUESTION PAPER NO. 2


PART A - (3x16=48 Marks)



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1. Discuss the scope of administrative law and bring out the difference between administrative

law and Constitutional law. (Refer Page No. 1)

2. Discuss the liability of State for the Tort committed by its servants in India. (Refer Page No .

329)

3. What is meant by writ of mandamus? Examine its role in the judicial control of administrative

action. (Refer Page

No . 265)

4. Discuss with the help of decided cases, the limits on the delegation of legislative power in

India. (Refer Page No . 196)

5. Explain the different kinds of bias. (Refer Page No . 157)



a. Rule of Law (Refer Page No. 36)

b. Henry VIII clause(Refer Page No . 113)

c. Institutional Decision(Refer Page No . 186)d. Ombudsman(Refer Page No . 303)

e. Locus Standi (Refer Page No. 254 & 291)

f. Judicial control of public corporation (Refer Page No . 360)

g. Relation between doctrine of separation of powers and administrative law (Refer Page No.

59)

h. Merits and demerits of special tribunals (Refer Page No . 198)


Answer any two questions:

7. A.D.M. Jabalpur V. Shivakant Sukla.(Refer Page No. 260)

8. A.K. Kripak V. Union of India (Refer Page No . 163)

9. Sharma Rao V. Pondicherry (Refer Page No. 122)

MODEL QUESTION NO. 3




1. Explain the theory of Rule of Law. Critically examine the views of Prof. Dicey on Rule of Law.

(Refer Page No. 36)

2. What are the differences between administrative directions and delegated legislation ? How

to distinguish one from the other? (Refer Page No. 79 & 96)

3. Elucidate the two principles of Natural Justice. (Refer Page No . 157 & 171)

4. Explain:

(a) Res judicata in writ proceedings. (Refer Page No. 250)


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(b) Alternative remedy rule. (Refer Page No. 289)

5. What is the role of Ombudsman in remedying citizens grievances against the

administration? (Refer Page No . 303)



a. Pecuniary Bias (Refer Page No . 158)

b. Tribunals (Refer Page No . 196)

c. Promissory Estoppel (Refer Page No. 325)

d. Speaking Orders (Refer Page No. 182)

e. A.K. Roy Vs. Union of India (Refer Page No . 182)

f. Henry VIII Clause (Refer Page No . 113)

g. Anticipatory Relief (Refer Page No. 91)

h. Ridge Vs. Baldwin (Refer Page No. 178)

PART C - (2x8=16 Marks)Answer any two questions:

7. Institute of Patent Agents Vs. Lockwood.(Refer Page No . 117)

8. Ramana Dhayaram Shetty Vs. International Airport Authority. (Refer Page No . 246)

9. Anisminic Case(Refer Page No. 193)



PART A

(3x16=48 Marks)


1. What are the reasons for the growth of administrative law? How separation of powers

doctrine has influenced it? (Refer Pag e No. 9 & 29)

2. Courts exercise control on delegated legislation through the doctrine of ultra vires -

Explain(Refer Page No . 132)

3. Write an essay on rule against Bias.(Refer Page No. 157)

4. What are various grounds for holding the exercise of discretionary power as invalid?(Refer

Page No . 210)

5. The principle of promissory estoppel has come to be firmly established in administrative law. Discuss.(Refer Page No. 325)



a. Retrospective rule making.(Refer Page No. 96)

b. Right to cross examination.(Refer Page No . 177)

c. Ombudsman(Refer Page No . 303)

d. Post decisional hearing (Refer Page No . 190)


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e. Writ of Prohibition (Refer Page No. 280)

f. Herschills doctrine (Refer Page No. 117)

g. Public Corporations (Refer Page No . 343)

h. Rule of Law (Refer Page No. 36)


Answer any two of the following:

7. A student was caught in the examination hall for using unfair means while writing the

examination. Without hearing the student, the university authorities cancelled the

examination result on the basis of the report filed by the examination hall superintendent.

The order of the university was challenged by the student before the court. Will he succeed?

8. A was arrested on the ground of suspicion that he was a smuggler of gold. The gold

ornaments were confiscated from him and were kept in the courts property section. After

trial, he was acquitted by the court giving him benefit of doubt. Subsequently, he filed a

petition for return of his gold ornaments. They were found missing from the property section

of the court. The state refused to accept liability on the ground that the function was

sovereign in nature. Will the State succeed?

9. Tender were requisitioned from qualified persons for running a canteen in the Chennai Air

Port. Though there were other qualified persons A was given license by the Air Port

Authorities even though A is not fulfilling the required qualifications. The unselected

applicants wants to challenge it. Provide legal advise to them.





1. What is meant by Essential legislative function? In the light of decided cases examine how

far it is used as a yardstick to determine the permissible limits of delegated legislation in

India.(Refer Page No . 96)

2. Explain the concept of malafides. Discuss the malafides as a ground for challenging

discretionary action of the administration.(Refer Page No. 219)

3. Critically examine Error of law apparent on the fact of the record as a ground for the

issuance of the writ of certiorari.(Refer Page No . 273)

4. Discuss the extent of the privileges enjoyed by the Government in legal proceedings.(Refer

Page No . 317)

5. Explain the rationale behind the establishment of public corporations and state the extent of

parliamentary control over them. (Refer Page No . 342)



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a. Reasoned decision (Refer Page No . 182)

b. Sovereign functions (Refer Page No . 331)

c. Institutional decision (Refer Page No. 186)

d. Declaratory action (Refer Page No. 90)e. Ombudsman (Refer Page No . 303)

f. Exhaustion of alternate remedies (Refer Page No . 249)

g. Henry VIII clause (Refer Page No . 113)

h. Writ of Prohibition (Refer Page No. 280)



7. The Central Government issued the Drugs Price Control Order fixing the maximum price at

which various indigenously manufactured drugs may be sold by the manufacturers. The

manufacturers challenged the order for violation of Natural justice, since they were offered

neither notice nor hearing before passing the order for fixing the price of Drugs.-Decide.8. A department enquiry against a head constable was held in the first instance by the

Superintendent of Police. During the enquiry the Superintendent himself had to give

evidence. At that time when it was done by the Deputy Superintendent of Police presided

over the enquiry. The evidence was recorded by him. Finally the Superintendent dismissed

him. The dismissal is challenged by the head constable. Will he succeed?

9. The Central Government gave assurance that new industrial units established in rural areas

will be exempted from income tax for three years. Acting on this assurance A started an

industry in a rural area. But in the next year due to difficult economic condition in the country

the Government retracted from its assurance and imposed income tax on the proceeds of A

from his industry- Decide.





1. Explain the distinction between delegated legislation and administrative directions. Can the

administrative directions be enforced by Courts? Discuss with decided cases. (Refer Page

No. 96 & 79)

2. The various components of Fair hearing are not fixed but are flexible and their scope and

applicability differ from case to case- Elucidate.(Refer Page No. 171)

3. Ouster clause does not bar the jurisdiction of the Courts, if the action is ultra vires of the

powers of the administrative authority Explain.(Refer Page No. 115)

4. The exercise of discretion must not be arbitrary, fanciful and influenced by extraneous

considerations Elucidate. (Refer Page No . 219)


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5. Examine how the liberalization of Locus Standi has resulted in better judicial protection of

individual rights from administrative actions.(Refer Page No. 242, 291 & 254)



a. Droit Administratiff (Refer Page No . 15)b. Res judicata in writ proceedings (Refer Page No . 250)

c. Conditional legislation (Refer Page No. 103, 123)

d. Domestic Tribunal (Refer Page No. 212)

e. Lokpal (Refer Page No . 306)

f. Crown Privilege (Refer Page No. 317)

g. Writ of Mandamus (Refer Page No. 265)

h. Contractual liability of the State (Refer Page No . 329)



7. Air India in exercise of its Statutory powers, has framed service rules according to which the

services of an air-hostess can be terminated on her first pregnancy. Decide the validity of the

rule.

8. The estate manager of Bombay Port Trust has proposed to the tenants occupying the

premises owned by the trust, if each of them deposit the amount of Rs. 1,000/- with the trust,

flats would be allotted to them on lease on reconstruction of the building. However the trust

passed a resolution to allot the flaststo its staff and no to the tenants who paid the deposits.

Discuss its validity with the aid of decided cases.

9. A committee was appointed to enquire into the allegations of professional misconduct by

Mohan. The Committee conducted the enquiry and submitted its report. Mohan wants to file

a petition praying Certiorari to quash the report of the enquiry Committee, since one of the

Committee members was having personal enmity with Mohan-Provide legal advise to

Mohan.





1. Discuss Diceys concept of rule of law and the modern concept of rule of law.(Refer Page

No . 36)

2. Discuss with decided cases the circumstances in which Natural Justice need not be

followed.(Refer Page No . 196)

3. Examine the scope of promissory estoppel in administrative decisions.(Refer Page No. 325)


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4. Examine the significance of the writ of certiorari as a means to control administrative action.

(Refer Page No . 273)

5. Discuss the parliamentary control of delegated legislation.(Refer Page No. 132)



a. Speaking order.(Refer Page No . 182)

b. Official bias.(Refer Page No. 166)

c. Herchels doctrine.(Refer Page No . 117)

d. Malafide.(Refer Page No . 228)

e. Domestic Tribunal (Refer Page No. 212)

f. Statutory remedies (Refer Page No. 89)

g. Reasons for the growth of public corporation(Refer Page No. 363)

h. Conseil de etate(Refer Page No . 19)



7. A is an undetrial prisoner. He was acquitted in the year 1988. But he has not been released

from the prison till date. A files writ of habeas corpus and also seeks compensation against

the state in the same write petition. The state pleads that the petitioner cannot claim

compensation in a writ petition-Decide.

8. The General Sales Tax Act empowers the government to impose Sales Tax on cellulose

limiting that the percentage of tax shall not exceed 10% Being affected by this Suresh Mills

challenges this in the High Court stating that such power cannot be delegated to the

government. Decide.

9. The manager of Suma matriculation school contested in the Assembly election. He was

defeated. His opponent, A who won the election became the Education minister. He ordered

to cancel the recognition given to the said school. The order was challenged stating that it

was biased. The government argues that bias should be proved beyond reasonable doubt.

Decide.





1. Explain the doctrine of separation of powers and its application in India. (Refer Page No . 50)

2. Explain the permissible limits of delegation of legislative power. Refer to important

cases.(Refer Page No. 96)

3. Explain with the help of decided cases the scope of privilege of the government to withhold

production of documents before a court.(Refer Page No . 317)


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4. Explain the significance of writ of mandamus. Distinguish between writ of mandamus and

mandatory injunction.(Refer Page No . 265)

5. Explain the rule against bias with the help of decided cases.(Refer Page No . 157)


6. Write short notes on any six of the following:a. Post decisional hearing (Refer Page No . 190)

b. Committee on subordinate legislation.(Refer Page No . 148)

c. Self imposed fetters.(Refer Page No. 225)

d. Improper purpose(Refer Page No . 232)

e. Sovereign functions(Refer Page No . 331)

f. Writ of certiorari(Refer Page No . 273)

g. Types of Public corporations(Refer Page No . 349)

h. Franks Committee report.(Refer Page No. 25)

PART C - (2x8=16 Marks)Answer any two of the following:

7. A is an employee in the education department of the State. Charges were framed against

him for receiving bribe. The photostate copy of the framed charges were given to A. But the

letters in the photostate copy were not clear. A requested for another copy. It was denied.

He wants to challenge the order. Advise him.

8. The Ferry Services Act empowers the State to make rules to regulate proper maintenance of

the ferries. The rules framed by the Government prohibited the operation of private ferry

services. The private ferry service operators association hasresolved to challenge this in the

court. Advise.

9. Municipalities Act says that whoever wants to construct a building within the municipal limits,shall get the prior permission of the municipality. The government has decided to start a

college at Sundarpuram, a municipal area and started the construction works. The

municipality says that its prior permission shall be obtained by the governmentDecide.





1. The aim of doctrine of separation of powers is to guard against tyrannical and arbitrary

exercise of power by the state-Discuss.(Refer Page No . 50)

2. The principle of Promissory Estoppel has been evolved by equity to avoid injustice -

Comment.(Refer Page No. 325)

3. (a) What is meant by discretion exercisable on subjective satisfaction?(Refer Page No. 222)


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(b) Discuss non-exercise of mind as a ground of judicial review of discretion. (Refer Page

No . 225)

4. Discuss the rule relating to official bias and explain the reasonable suspicion test for

determining the Bias.(Refer Page No . 157)

5. Courts exercise control on delegated legislation through the doctrine of ultra vires -

Explain.(Refer Page No. 132)



a. Administrative Directions.(Refer Page No. 79)

b. Rule of Law.(Refer Page No. 36)

c. Sovereign functions.(Refer Page No . 331)

d. Conditional legislation(Refer Pag e No. 103, 123)

e. Statutory remedies (Refer Page No. 89)

f. Ouster clause(Refer Page No. 115)

g. Crown privilege(Refer Page No . 317)

h. Committee on subordinate legislation.(Refer Page No. 148)



7. The Government of India appointed an investigation committee to investigate the affairs of

the mill by name A under section 15 of the Industries (Development and Regulation) Act

1951. The committee submitted its report to the Government after giving reasonable

opportunity of hearing to the mill. But the report was not shown to the management. As a

result of the report of the committee, the management of the mill was taken over by the

Government. Now the mill wants to challenge the decision of the Government. Advise.

8. Disciplinary proceedings were pending against a civil servant, but he was allowed by the

Government to retire from service. Later the Government wants to continue the disciplinary

proceedings. Advise the Government.

9. Shanmugam entered into a contract with Director of Civil Supplies to supply sugar. The

Director entered this contract without authority from the Government. Shanmugam supplied

sugar which was accepted and part payment was made. When the balance amount was

claimed, the Government contended that the contract is void as the Director was not

authorized to enter that contract. Decide.






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1. Distinguish between Administrative Law and Constitutional Law and point out that

Constitutional law is a source of administrative Law.(Refer Page No. 9)

2. Explain the permissible limits of delegation of legislative power with decided cases.(Refer

Page No. 96)

3. The dividing line between administrative power and quasi judicial power is quite thin and is

being gradually obliterated. Explain(Refer Page No. 60)

4. Explain the rationale behind the establishment of public corporations and state the extent of

parliamentary control over them.(Refer Page No. 342)

5. Explain the nature of the writ of mandamus and examine its role in controlling administrative

actions. (Refer Page No. 265)



a. Conseil de etat(Refer Page No . 19)

b. Herschells doctrine(Refer Page No . 117)

c. Speaking order(Refer Page No . 182)d. Malafide (Refer Page No . 228)

e. Locus standi(Refer Page No. 254, 291)

f. Quo Warranto(Refer Page No . 285)

g. Domestic Tribunals(Refer Page No . 212)

h. New Despotism(Refer Page No. 84)



7. A gets permission from the District Collector to construct a theatre near a school. The schoolmanagement objects this before the Collector and thereby the Collector cancels the permit to

construct the theatre. A makes an appeal to the Government. The Government directs the

Collector to cancel his final order. It was challenged on the ground that if the Government

decides to cancel the permit, it can do, but it cannot direct the Collector to do it. Decide.

8. E has been detained under the conservation of Foreign Exchange and prevention of

Smuggling Act. When the Advisory Board is to decide upon the extension of its detention, he

seeks the permission of the Advisory Board for the assistance of a counsel, his friend. When

permission was denied, E now questions this on the ground that his right to counsel is denied

and hence denial of natural justice. Decide.

9. The entrance examination conducted for M.B.B.S course was cancelled for mass copying. A

student challenges this order before the Court on the ground that he is not heard before the

cancellation. Decide.




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1. In reality viewed as a system of control of administrative power, it can be asserted that

administrative law does not infringe but on the other hand promotes rule of law.

Elucidate(Refer Page No. 36)2. Discuss how far consultation with affected interests, laying before the parliament and

publication of rules are essential requirements for the validity of delegated legislation(Refer

Page No . 132)

3. Article 14 of the Indian Constitution constitutes a great potential reservoir of judicial power

and can serve as a great bulwark against excessive discretion. Comment.(Refer Page No.

219)

4. Since the idea of natural justice is fair play in action, it has to apply to both quasi judicial and

administrative function and from this point of view the distinction between the two loses its

validity. Comment.(Refer Page No. 76)

5. How far can the State claim the privilege that the obligations and liabilities imposed by astatute on individuals to not apply to it? Discuss citing decided cases.(Refer Page No . 317)



a. Declaratory action(Refer Page No. 90)

b. Institutional decision(Refer Page No. 186)

c. Sovereign functions(Refer Page No . 331)

d. Retrospective rule made by the delegatee(Refer Page No. 129)

e. Writ of prohibition(Refer Page No. 280)

f. Alternative remedy rule (Refer Page No . 289)

g. Substantive ultravires (Refer Page No. 133)

h. Mal administration (Refer Page No. 84)



7. A a contractor executed some construction work at the request of a Government officer. The

building constructed by the contractor was accepted and used by the Government. But no

payment was made to the contractor. In an action, the Government contended that, since the

requirements of Article 299 (1) of the Constitution has not been complied with the contract

was not enforceable. Advise A.8. The Government entered into an agreement with a company, that the company could

purchase its own forest land for drawing raw material and there would be no interference by

the Government with such land for a period of 60 years. Acting on the agreement the

company purchased land investing huge amount. However, later on the Government acting

in pursuance of a law passed by the legislature acquired the land for agrarian reforms before

the stipulated period. Decided the legality of the Governments action


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9. Under the All India Services Rules, the Government is empowered to compulsorily retire a

member of the service in public interest on reaching the age of 50 years. No guidelines were

laid down under the rule regarding compulsory retirement. But the Government issued

certain directions prescribing the procedure for the purpose. Discuss the binding nature of

these directions.





1. Explain the principles of separation of powers. Examine its applicability in the Indian

Constitution.(Refer Page No. 50)

2. Examine the scope of judicial control over the delegated legislation with the help of case laws.(Refer Page No.132)

3. The exercise of discretion must be arbitrary, fanciful and influenced by extraneous

considerations. Comment(Refer Page No . 219)

4. Briefly explain the different ingredients of fair hearing. When is a post decisional hearing

considered sufficient?(Refer Page No . 171 & 190)

5. How far the writ of mandamus is useful in controlling administration action?(Refer Page No.

265)



a. New despotism(Refer Page No. 84)

b. Laying procedure in Parliament (Refer Page No. 145)

c. Locus standi in Public Interest Litigation(Refer Page No. 291)

d. Administrative direction(Refer Page No. 79)

e. Sub delegation(Refer Page No . 126)

f. Lokpal (Refer Page No . 306)

g. Sovereign functions (Refer Page No . 331)

h. State of Punjab Vs. Sodhi Sukhdev Singh, AIR 1961 SC 493 (Refer Page No. 320)


Answer any two of the following:7. The Chairman of the Housing Board has proposed to the tenants occupying the houses

owned by the Housing Board, if each of them deposit, the amount of Rs. 1,00,000/- with the

Housing Board, flats would be allotted to them on ownership basis on reconstruction of the

building. However, the Housing Board passed a resolution to allot the flats to the public and

not to the tenants who paid the deposits. Discuss its validity with the aid of decided cases.

8. An election petition was filed by an unsuccessful candidate before Election Tribunal. The

case was decided against him in the Tribunal. He preferred an appeal before the Supreme


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Court contending that the Judge was biased because his son is a member of a political party

in which his opponent also is a member. Decide.

9. Section 3 (1) of Essential Commodities Act, 1955 confers general power on the Central

Government to pass orders providing for regulating or prohibiting production, supply and

distribution of an essential commodity and trade and commerce therein. Section 3 (2) (d)

provides for regulating by licenses, permits or otherwise the storage, distribution, disposal,

acquisition or consumption of any essential commodity without prejudice to the generality of

powers under section 3 (1). Under an order, transport of sugar was banned out of certain

towns in Tamil Nadu. Decide the legality of the order.





1. In reality viewed as a system of control on administrative power, it can be asserted that

administrative law does not infringe but on the other hand promotes rule of law. Comment

(Refer Page No. 36)

2. What is meant by legislative function? In the light of decided cases discuss that the

legislature cannot delegate its essentials legislative function.(Refer Page No. 96)

3. What is meant by reasoned decision? Examine how far it is considered as part of the

principles of natural justice.(Refer Page No . 182)

4. There are three grounds on which administrative discretion is subject to control by judicial

review viz, illegality, irrationality and procedural impropriety. Comment.(Refer Page No . 219)

5. Sovereign immunity as a defence was never available where the state was involved in

commercial undertakings, nor it is available where its officers are guilty of interfering with the

life and liberty of the citizens not warranted by law. Elucidate.(Refer Page No . 329)



a. Conseil de etate(Refer Page No . 19)

b. One who hears must decide(Refer Page No. 186)

c. Doctrine of checks and balances(Refer Page No. 57)

d. Administrative finality(Refer Page No. 115)

e. Declaratory action(Refer Page No. 90)f. Distinguish between quasi judicial function and administrative function (Refer Page No. 74)

g. A.K. Kraipak Vs. Union of India(Refer Page No . 163)

h. Hira Nath Mishra Vs. Principal, Rajendra Medical College (Refer Page No . 179)




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7. Ashok Kumar is working as a demonstrator in a Government medical college. Earlier the

Director of Medical Education assured the demonstrators that post of lecturers will be filled

by promotion. However now the Government issued a notification for filling the post of

lecturers through direct recruitment, which is the only method permitted by the statute. Ashok

Kumar wants to challenge it on the basis of promissory estoppel. Advise.

8. Parliament enacted the Delhi Rent Act in 1995. It was left to the discretion of the Central

Government to notify the date with effect from which the Act would come into operation. As

the Central Government has not fixed any date for the commencement of the Act for over 10

years, a writ petition was filed for the issue of mandamus to the Central Government

directing it to bring the Act into force. Decide.

9. An employee of a company which is a public undertaking was dismissed by the Managing

Director of the company. An appeal from his order was also dismissal by the Board of

Directors presided over by the very same Managing Director of the Company. Discuss the

validity of the order.






exercise of power of State. Discuss.(Refer Page No. 50)

2. Discuss with the help of decided cases, the judicial control of delegated legislation.(Refer

Page No . 132)

3. Discuss the rule relating to official bias and explain the reasonable suspicion test for

determining the Bias. (Refer Page No . 157)

4. Examine the scope of promissory estoppel in administrative decision.(Refer Page No . 325)

5. Write an essay on the need for tribunals and also the merits and demerits of it.(Refer Page

No . 195)



a. Droit Administratiff (Refer Page No . 15)

b. Conditional legislation (Refer Page No. 103, 123)c. Institutional decision(Refer Page No. 186)

d. Administrative direction(Refer Page No. 79)

e. Failure to exercise discretion(Refer Page No. 223)

f. Certiorari (Refer Page No . 273)

g. Lokpal (Refer Page No . 306)

h. Laches (Refer Page No . 250)


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7. A is judge of the Madras High Court. He has been transferred to Andhra High Court. B who

is a lawyer challenges this on the ground that the transfer would affect the independence of

the judiciary. The State defends that B does not have locus standi to file this petition.

Decide.

8. A has been detained under the prevention detention Act that his presence is endangerous

to Law and Order. But under the preventive detention Act, a person can be detained only

when his presence is against public order. A challenges the detention order. The State

defends that law and order and public order are one and the same. Decide.

9. After verifying the records submitted by the assessee, a commercial Tax Officer came to the

conclusion that the assessee was not liable to pay tax. Even then by the direction of his

superior, he imposed tax on the assessee. This order is challenged by the assessee. Decide.





1. Discuss the importance of the concept of rule of law and its applicability in the Constitution of

India.(Refer Page No . 36)

2. Explain the permissible limits of delegation of legislative power to the executive by the

legislature. Refer to important decided cases. (Refer Page No. 96)

3. Audi Alteram Partem involves number of stages. Discuss.(Refer Page No . 171)

4. Discuss the tortious liability of the state with specific reference to Rudual Shah Vs. State of

Bihar. (Refer Page No . 329)

5. Explain the rational behind the establishment of public corporation and state the extent of

parliamentary control over them.(Refer Page No . 342)


6. Write short notes on six of the following:

a. Malafide(Refer Page No . 228)

b. Conseil de etat(Refer Page No . 19)

c. Franks Committee Report(Refer Page No . 25)

d. Notice under Sec. 80 of the Civil Procedure Code (Refer Page No . 322)

e. Alternative remedy (Refer Page No . 289)


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f. Writ of prohibition (Refer Page No. 280)

g. Government contract (Refer Page No . 337)

h. Procedural ultravires (Refer Page No . 141)



7. A was running a factory at Madurai. While the factories inspector inspected the factory he

gave an adverse report to the Chief Inspector of factories. The licence of the said factory was

cancelled by the Chief Inspector of factories relying on the report of the factories inspector.

A represented that since the enquiry in conducted by one person and decision is taken by

another person, the said order is void. Decide.

8. The Tamil Nadu Electricity Board gave an assurance that new industrial unites established in

rural areas will be exempted from power tariff for three years. Acting on this assurance A

started on industry in rural areas. But, in the next year, due to difficult economic conditions

the board retracted from its assurance and imposed power tariff on A. A wants to challengethisAdvice A.

9. The State Government appointed a committee to select books for supplying to schools and

college libraries. Some of the members of the committee were themselves authors of some

books and some of their books were selected and purchased. The author whose book was

not selected challenged the selection procedure. Decide.





1. Discuss the importance of the concept of rule of law and its applicability in the Constitution of

India.(Refer Page No. =)

2. How do you justify delegated legislation? Explain the controls exercised by the parliament

over it. (Refer Page No .=)

3. What is institutional decision? State whether institutional decisions can render fairness in

decisions. (Refer Page No. =)

4. Examine the significance of the writ of certiorari as a means to control the administrativeaction. (Refer Page No .=)

5. The quest for effective control over the administration leads the people to adopt the

institution of Ombudsman. State the measures taken in India to introduce the similar

system.(Refer Page No.= )



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a. Henry VIII Clause (Refer Page No.=)

b. Malafide (Refer Page No.=)

c. Post decisional hearing (Refer Page No .=)

d. Franks Committees report (Refer Page No .=)

e. Writ of prohibition (Refer Page No. =)

f. Contractual liability of the state (Refer Page No.=)

g. Domestic Tribunal (Refer Page No .=)

h. Doctrine of open Government (Refer Page No.=)



7. The Tamilnadu electricity board gave an assurance that new industrial units established inrural areas will be exempted from power tariff for three years. Acting on this assurance A

started on industry in rural areas. But, in the next year, due to difficult economic conditions

the board retracted from its assurance and imposed power tariff on A. A wants to challenge

this -Advise A.

8. A was tortured under the police custody and thereby he became deaf. A filed a writ of

hebeas corpus under Art.226 of the constitution of India. In the same petition he also claimed

damages. The state represented that while the state exercises sovereign function, damages

cannot be claimed. - Decide.

9. The District Executive Magistrate while passing a preventive detention order against one

Kannan under the Goondas Act, stated the reasons as follows:

His presence is dangerous to public order or security of the state or movement of the

essential commodities.

Kannan challenges the order on the ground that by seeing the wordings of the order The

District Magistrate has acted mechanically. Decide.






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1. Rule of law means that the law rules, using the word law in the sense of jus and lex -

Explain.(Refer Page No. =)

2. Explain judicial control of delegated legislation in India by referring to various decisions of the

Supreme Court. (Refer Page No .=)

3. Describe the circumstances where natural justice need not be followed by the authorities

while deciding disputes. (Refer Page No. =)

4. To what extent the administration would be liable for the torts committed by its servants in a

complex problem especially in developing countries with overriding state activities. Discuss.

(Refer Page No.=)

5. Compare and contrast writ of certiorari and suit for declaration. (Refer Page No.= )



a. Herschells doctrine (Refer Page No.=)b. Malafide (Refer Page No.=)

c. Speaking order (Refer Page No.=)

d. Privilege of notice under sec 80 (1) of the civil procedure

code, 1908. (Refer Page No .=)

e. Droit administratif (Refer Page No. =)

f. Conditional legislation (Refer Page No.=)

g. Doctrine of legitimate expectation (Refer Page No.=)

h. Chief characteristics of a public corporation (Refer Page No.=)



7. A had imported gold plated pens from Australia. The customs authorities charged more

duties than that for ordinary pens. A challenged this through writ petition in the High Court

stating that more duties than ordinary pens should not be charged. The contention of the

customs authorities was that if anybody was aggrieved by the act of the customs authorities,

he could appeal before the Central Government, at first, according to law and that A had

approached the court without exhausting this alternative remedy and hence the writ is not

maintainable - Decide.

8. The State Government made six divisions on territorial basis for the purpose of admission to

M.B.B.S. course. The students who applied in one division could not apply in other divisions.

Separate merit list was prepared for each division. Separate selection list was made for each

division. Hence, even though a candidate secured higher marks than those in the other

division, he could not get admission in his division as his mark was lower so far as his


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division was concerned. The Scheme of the State Government has been challenged as

violation of Art: 14 of the Constitution of India. The state has taken the defence that the

scheme is only an administrative direction. Only a law can be challenged as violation of

Art.14, but administrative direction cannot be challenged as violating Art.14. Decide.

9. The State Government recommended the name of one A, a forest officer, for conferment of

Indian Forest Service. For this, he was to appear for an interview before the Union Public

Service Commission. He also became a member of the same interview board that was to

select him. He appeared before the board. He was selected. B, another aspirant, questions

the validity of the selection through writ petition - Decide.






exercise of powers of state - Discuss.(Refer Page No . =)

2. Since it is the legislature which delegates legislative power to the administration, it is

primarily for it to suervise and control the actual exercise of this power. Explain how this is

being followed in India. (Refer Page No .=)

3. The exercise of discretion must not be arbitrarty, fanciful and influenced by extraneous

considerations - Comment. (Refer Page No . =)

4. The concept of locus standi has been changed beyond recognition. Elucidate. (Refer Page

No.=)

5. How far the writ of mandamus is useful in controlling administrative action? (Refer Page

No.= )



a. Official Bias (Refer Page No .=)

b. Acting mechanically (Refer Page No .=)c. Open Government (Refer Page No .=)

d. Sovereign Functions. (Refer Page No.=)

e. Administrative Finality (Refer Page No. =)

f. Administrative Tribunals (Refer Page No.=)

g. Committee on public undertakings (Refer Page No.=)

h. Laches (Refer Page No .=)


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7. The Central Government announced an incentive for the cotton goods exporters. They would

be permitted to import any other goods for the value they exported cotton goods. A exported

cotton goods worth of Rs.5 lakhs. He wanted to import electronic goods to the same value.

But he was permitted to import only for Rs.1 lakh. Discuss the remedy available to A.

8. X is a scientist working in the Research wing of the defence department. Disciplinary action

ws taken against him for misconduct. He challenged its validity in the Central Administrative

Tribunal. In this regard X filed a petition in the Tribunal to direct the Department of defence

to produce his service register in the tribunal. The Department of defence defends that since

the document would affect the security of the state, it cannot be produced - Decide.

9. A was an employee of the Life Insurance Corporation of India. He was dismissed from

service for misconduct. He was not given the opportunity for the explanation before the

dismissal. When he challenges this, the LIC replies that since he is not a government

employee, he need not be called for explanation - Decide.

administrative law bl questions

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