Administrative Law Paper-1

Administrative Law Paper-1

ADMINISTRATIVE LAW

 

1. Administrative law deals primarily with:

a. Relations between private individuals

b. Powers and functions of administrative authorities

c. Criminal offences

d. Contractual obligations

 

2. Administrative law is concerned with:

a. Organization and powers of administrative authorities

b. Property disputes

c. Criminal liability

d. Family law

 

3. Administrative law mainly regulates:

a. Government administration

b. Private contracts

c. Criminal justice

d. Property rights

 

4. According to Dicey, administrative law refers to:

a. Law governing administration

b. Law governing contracts

c. Law governing criminal offences

d. Law governing property

 

5. Administrative law developed mainly due to:

a. Rise of criminal law

b. Decline of government

c. Increase in contracts

d. Growth of welfare state

 

6. The expansion of administrative law is closely related to:

a. Welfare state concept

b. Feudal system

c. Military rule

d. Contract law

7. Administrative law is primarily concerned with:

a. Control of administrative powers

b. Criminal punishment

c. Property transfer

d. Contract enforcement

 

8. One major objection to administrative law was based on:

a. Property Law

b. Criminal justice

c. Rule of law

d. Contract law

 

9. The doctrine of Rule of Law was developed by:

a. A.V. Dicey

b. Salmond

c. Austin

d. Bentham

 

10. Rule of Law means:

a. Supremacy of law over arbitrary power

b. Supremacy of government

c. Supremacy of judges

d. Supremacy of police

 

11. One element of Dicey’s Rule of Law is:

a. Equality before law

b. Supremacy of contracts

c. Criminal punishment

d. Property ownership

 

12. Another principle of Rule of Law is:

a. Unlimited administrative power

b. Absence of arbitrary power

c. Criminal authority

d. Contract enforcement

 

13. According to Dicey, rights of individuals are protected by:

a. Ordinary courts

b. Administrative courts

c. Military courts

d. Police authorities

 

14. Separation of powers doctrine was given by:

a. Montesquieu

b. Dicey

c. Bentham

d. Austin

 

15. The doctrine of separation of powers means:

a. Power with judiciary only

b. Power concentrated in one authority

c. Distribution of powers among different organs of government

d. Power with legislature only

 

16. The three organs of government are:

a. Legislature, Executive, Judiciary

b. Executive, Police, Army

c. Legislature, Police, Army

d. Judiciary, Police, Army

 

17. The purpose of separation of powers is to:

a. Prevent concentration of power

b. Increase executive power

c. Strengthen contracts

d. Strengthen criminal law

 

18. In India, separation of powers is:

a. Strictly followed

b. Not rigidly followed

c. Completely absent

d. Only in criminal law

 

19. The doctrine of rule of law is incorporated in the Indian Constitution through:

a. Equality before law

b. Freedom of contract

c. Criminal punishment

d. Property ownership

 

20. Equality before law is guaranteed under:

a. Article 14 of the Constitution

b. Article 19

c. Article 21

d. Article 32

 

21. The landmark case explaining Rule of Law in India is:

a. Rylands v Fletcher

b. Donoghue v Stevenson

c. Kesavananda Bharati v State of Kerala

d. Ashby v White

 

22. In Kesavananda Bharati case, the Supreme Court held that:

a. Basic structure of Constitution cannot be amended

b. Parliament has unlimited power

c. Judiciary has no power

d. Constitution can be abolished

 

23. Another important case on Rule of Law is:

a. Indira Nehru Gandhi v Raj Narain

b. Donoghue v Stevenson

c. Bolam v Friern Hospital

d. Ashby v White

 

24. In Indira Nehru Gandhi case, the court emphasized:

a. Rule of Law as part of basic structure

b. Criminal punishment

c. Property rights

d. Contract law

 

25. The concept of administrative law developed first in:

a. England

b. India

c. France

d. USA

 

26. In France, administrative law is applied through:

a. Administrative courts

b. Criminal courts

c. Civil courts

d. Military courts

 

27. The French administrative court system is known as:

a. Conseil d'Etat

b. Supreme Court

c. High Court

d. Privy Council

 

28. The growth of administrative law is mainly due to:

a. Expansion of government functions

b. Decline of government

c. Contract disputes

d. Criminal offences

 

29. Administrative law controls:

a. Abuse of administrative power

b. Criminal trials

c. Property transfers

d. Private contracts

 

30. Delegated legislation means:

a. Law made by courts

b. Law made by administrative authorities under powers given by legislature

c. Law made by private persons

d. Criminal law

 

31. Delegated legislation is also known as:

a. Subordinate legislation

b. Constitutional law

c. Criminal law

d. Property law

 

32. Delegated legislation is made by:

a. Legislature

b. Executive authorities

c. Judiciary

d. Private parties

 

33. The main reason for delegated legislation is:

a. Lack of time for legislature

b. Technical complexity of modern governance

c. Need for flexibility

d. All of the above

 

34. Delegated legislation helps in:

a. Detailed rule-making

b. Administrative convenience

c. Quick response to emergencies

d. All of the above

 

35. Types of delegated legislation include:

a. Conditional legislation

b. Subordinate legislation

c. Both A and B

d. None

 

36. The doctrine “Delegatus Non Potest Delegare” means:

a. A delegate cannot further delegate

b. Legislature cannot legislate

c. Courts cannot interpret law

d. Executive cannot act

 

37. Essential legislative functions include:

a. Determination of legislative policy

b. Formulation of binding rule of conduct

c. Both A and B

d. Administrative control

 

38. Essential legislative functions cannot be delegated because:

a. They belong to legislature

b. They belong to judiciary

c. They belong to executive

d. They belong to police

 

39. The leading case on delegated legislation in India is:

a. In re Delhi Laws Act Case

b. Donoghue v Stevenson

c. Rylands v Fletcher

d. Ashby v White

 

40. In re Delhi Laws Act case was decided in:

a. 1951

b. 1932

c. 1973

d. 1967

 

41. The Supreme Court in Delhi Laws case held:

a. Essential legislative function cannot be delegated

b. Legislature can delegate everything

c. Executive can legislate freely

d. Judiciary can legislate

 

42. The power of supplying details means:

a. Filling in details to implement policy

b. Creating new policy

c. Changing constitution

d. Criminal punishment

 

43. Power of inclusion and exclusion refers to:

a. Adding or removing areas from operation of law

b. Criminal prosecution

c. Contract formation

d. Property rights

 

44. Power of modification of statute allows:

a. Minor changes to statute

b. Abolition of statute

c. Criminal punishment

d. Constitutional amendment

 

45. Abdication test means:

a. Legislature controls courts

b. Executive controls legislature

c. Judiciary controls legislature

d. Legislature cannot surrender its legislative power completely

 

46. If legislature gives unlimited power to executive:

a. It amounts to abdication

b. It is valid

c. It strengthens democracy

d. It is criminal law

 

47. Delegated legislation may sometimes operate:

a. Retrospectively

b. Prospectively only

c. Criminally

d. Contractually

 

48. Retrospective operation of delegated legislation is allowed when:

a. Court Orders

b. Executive decides alone

c. Parent statute authorizes it

d. Police allow

 

49. Power to impose tax by delegated legislation is:

a. Generally not allowed unless authorized by statute

b. Always allowed

c. Never allowed

d. Allowed by courts

 

50. Taxation power normally belongs to:

a. Legislature

b. Executive

c. Judiciary

d. Police

 

51. Conditional legislation means:

a. Law becomes effective upon fulfillment of certain conditions

b. Law made by courts

c. Criminal punishment

d. Contract enforcement

 

52. In conditional legislation:

a. Legislature determines policy

b. Executive decides when it applies

c. Both A and B

d. None

 

53. Delegated legislation must conform to:

a. Parent statute

b. Constitution

c. Both A and B

d. None

 

54. If delegated legislation exceeds authority of statute:

a. It becomes ultra vires

b. It becomes criminal law

c. It becomes contract law

d. It becomes constitutional law

 

55. Judicial control over delegated legislation includes:

a. Doctrine of ultra vires

b. Judicial review

c. Both A and B

d. None

 

56. One landmark case on delegated legislation is:

a. A.K. Roy v Union of India

b. Donoghue v Stevenson

c. Rylands v Fletcher

d. Ashby v White

 

57. Delegated legislation is valid if:

a. Legislative policy is clearly defined

b. Unlimited discretion given

c. No guidance provided

d. Courts control policy

 

58. Delegated legislation is important in modern governance because:

a. Government functions have expanded

b. Legislature has limited time

c. Technical matters require expert rules

d. All of the above

 

59. The main objective of delegated legislation is:

a. Efficient implementation of laws

b. Criminal punishment

c. Property transfer

d. Contract enforcement

 

60. Control of delegated legislation ensures:

a. Unlimited executive power

b. Accountability of delegated authorities

c. Removal of legislature

d. Criminal punishment

 

61. The three main types of control over delegated legislation are:

a. Parliamentary, Procedural, Judicial

b. Criminal, Civil, Administrative

c. Legislative, Executive, Police

d. Contractual, Constitutional, Property

 

62. Parliamentary control over delegated legislation means:

a. Control exercised by judiciary

b. Control exercised by legislature

c. Control exercised by executive

d. Control exercised by police

 

63. Parliamentary control ensures that delegated legislation:

a. Conforms to the policy of the legislature

b. Replaces legislation

c. Removes courts

d. Removes executive

 

64. One method of parliamentary control is:

a. Laying procedure before legislature

b. Criminal punishment

c. Judicial review

d. Police control

 

65. The “laying procedure” requires:

a. Rules to be placed before legislature

b. Rules to be placed before court

c. Rules to be placed before police

d. Rules to be placed before executive

 

66. Procedural control refers to:

a. Following required procedure in making delegated legislation

b. Criminal prosecution

c. Contract enforcement

d. Judicial decision

 

67. One element of procedural control is:

a. Publication

b. Criminal punishment

c. Property transfer

d. Contract formation

 

68. Publication of delegated legislation ensures:

a. Public awareness of rules

b. Criminal punishment

c. Property rights

d. Contract enforcement

 

69. Without proper publication:

a. Delegated legislation may become invalid

b. Delegated legislation becomes stronger

c. Courts cannot interfere

d. Police control increases

 

70. Consultation as procedural control means:

a. Taking advice of affected persons or authorities

b. Criminal investigation

c. Contract negotiation

d. Property registration

 

71. Consultation may be:

a. Mandatory

b. Directory

c. Both A and B

d. None

 

72. If mandatory consultation is not followed:

a. Delegated legislation may be invalid

b. Law becomes stronger

c. Courts cannot interfere

d. Government decides

 

73. Judicial control over delegated legislation is exercised by:

a. Legislature

b. Courts

c. Executive

d. Police

 

74. Judicial control mainly operates through:

a. Doctrine of ultra vires

b. Criminal prosecution

c. Contract enforcement

d. Property transfer

 

75. Ultra vires means:

a. Within powers

b. Beyond powers

c. Criminal act

d. Property dispute

 

76. Substantive ultra vires occurs when:

a. Delegated authority exceeds powers granted by statute

b. Proper procedure followed

c. Consultation followed

d. Publication done

 

77. Procedural ultra vires occurs when:

a. Required procedure is not followed

b. Authority acts within power

c. Legislature approves rules

d. Courts approve rules

 

78. If delegated legislation violates parent statute:

a. It becomes ultra vires

b. It becomes valid

c. It becomes criminal law

d. It becomes constitutional amendment

 

79. Judicial control protects:

a. Absence of Power

b. Arbitrary power

c. Unlimited discretion

d. Rule of Law

 

80. Landmark case on publication requirement is:

a. Harla v State of Rajasthan

b. Donoghue v Stevenson

c. Rylands v Fletcher

d. Kesavananda Bharati

 

81. In Harla v State of Rajasthan, the court held:

a. Law must be published to be valid

b. Publication not required

c. Legislature invalid

d. Courts powerless

 

82. Landmark case on consultation requirement is:

a. BS Nehra Case

b. Donoghue v Stevenson

c. Ashby v White

d. AK Roy V UOI

 

83. Judicial control may declare delegated legislation:

a. Void if ultra vires

b. Criminal law

c. Contract law

d. Property law

 

84. Procedural requirements in delegated legislation are intended to:

a. Ensure fairness and transparency

b. Punish criminals

c. Transfer property

d.Enforce contracts

 

85. Courts review delegated legislation to ensure:

a. It does not exceed statutory power

b. It replaces constitution

c. It removes legislature

d. It removes judiciary

 

86. Parliamentary control mainly operates:

a. Before and after rules are made

b.Only before rules

c. Only after rules

d. Never

 

87. Judicial review of delegated legislation ensures:

a. Criminal punishment

b. Unlimited administrative power

c. Removal of courts

d. Protection against misuse of delegated powers

 

88. Delegated legislation inconsistent with constitution is:

a. Void

b. Valid

c. Criminal offence

d. Contract

 

89. The main objective of control over delegated legislation is:

a. Prevent abuse of delegated power

b. Strengthen executive authority

c. Remove judiciary

d. Remove legislature

 

90. Administrative discretion means:

a. Absolute power of administration

b. Power to choose between alternative courses of action

c. Judicial decision

d. Legislative authority

 

91. Administrative discretion is necessary because:

a. Legislature cannot foresee every situation

b. Administrative efficiency is required

c. Flexibility in governance is needed

d. All of the above

 

92. Administrative discretion must always be exercised:

a. Arbitrarily

b. Within legal limits

c. Secretly

d. Without review

 

93. Judicial control of administrative discretion mainly ensures:

a. Political accountability

b. Prevention of abuse of power

c. Criminal punishment

d. Legislative supremacy

 

94. Control at the stage of conferment of discretion arises under:

a. Article 14 and 19

b. Article 21 only

c. Article 32 only

d. Article 368

 

95. Article 14 of the Constitution ensures:

a. Equality before law

b. Freedom of speech

c. Property rights

d. Religious freedom

 

96. If discretionary power violates Article 14, it becomes:

a. Valid

b. Arbitrary and unconstitutional

c. Contractual

d. Criminal offence

 

97. Excessive delegation of discretionary power may violate:

a. Article 14

b. Article 21

c. Article 51

d. Article 300

 

98. Abuse of administrative discretion occurs when:

a. Authority acts within power

b. Authority misuses power

c. Authority consults legislature

d. Authority follows procedure

 

99. Mala fide exercise of discretion means:

a. Good faith

b. Bad faith

c. Judicial faith

d.Constitutional faith

 

100.Mala fide exercise of power refers to:

a.Honest mistake

b.Improper motive

c. Legal procedure

d. Constitutional amendment

 

101. Improper purpose occurs when power is used:

a. For intended purpose

b. For purpose not authorized by law

c. According to policy

d. According to statute

 

102. Ignoring relevant considerations leads to:

a. Proper discretion

b. Abuse of discretion

c. Judicial legislation

d. Criminal liability

 

103. Considering irrelevant factors leads to:

a. Proper exercise of discretion

b. Invalid administrative decision

c. Legislative action

d. Criminal prosecution

 

104. The doctrine of Wednesbury unreasonableness originated in:

a. India

b. England

c. USA

d. France

 

105. Wednesbury principle means:

a. Decision so unreasonable that no reasonable authority would make it

b. Judicial supremacy

c. Criminal liability

d. Legislative review

 

106. The Wednesbury case is:

a. Associated Provincial Picture Houses v Wednesbury Corporation

b. Donoghue v Stevenson

c. Kesavananda Bharati

d. Maneka Gandhi

 

107. Non-application of mind occurs when:

a. Authority fails to consider facts

b. Authority carefully examines facts

c. Authority consults experts

d. Authority acts legally

 

108. Acting under dictation means:

a. Authority exercises independent judgment

b. Authority follows orders of another authority blindly

c. Authority consults others

d. Authority reviews law

 

109. If authority acts under dictation:

a. Decision becomes valid

b. Decision becomes invalid

c. Decision becomes legislative

d. Decision becomes criminal

 

110. Imposing fetters on discretion means:

a. Authority refuses to exercise discretion independently

b. Authority uses discretion properly

c. Authority consults experts

d. Authority applies rules

 

111. Acting mechanically without due care results in:

a. Proper administration

b. Abuse of discretion

c. Legislative control

d. Criminal liability

 

112. Sub-delegation means:

a. Delegating power further by delegate

b. Judicial decision

c. Parliamentary power

d. Constitutional amendment

 

113. Sub-delegation is generally governed by the principle:

a. Delegatus non potest delegare

b. Res judicata

c. Ultra vires

d. Habeas corpus

 

114. Promissory estoppel prevents:

a. Breaking of promise relied upon by another

b. Contract formation

c. Legislative amendment

d. Criminal prosecution

 

115. Doctrine of promissory estoppel was applied in India in:

a. Union of India v Anglo Afghan Agencies

b. Donoghue v Stevenson

c. Rylands v Fletcher

d. Kesavananda Bharati

 

116. Legitimate expectation arises when:

a. Government promise creates expectation

b. Contract signed

c. Criminal offence occurs

d. Court orders action

 

117. Landmark case on legitimate expectation:

a. Navjyoti Cooperative Group Housing Society case

b. Donoghue v Stevenson

c. Rylands v Fletcher

d. Bolam case

 

118. Subjective satisfaction refers to:

a. Personal satisfaction of authority

b. Objective judicial test

c. Contractual satisfaction

d. Legislative satisfaction

 

119. Courts review subjective satisfaction when:

a. Mala fide exists

b. No evidence exists

c. Power abused

d. All of the above

 

120. Cross-examination is part of:

a. Natural justice

b. Criminal punishment

c. Legislative function

d. Executive privilege

 

121. Right to legal representation refers to:

a. Right to counsel

b. Right to property

c. Right to vote

d. Right to religion

 

122. Legal representation may be allowed when:

a. Case involves complex issues

b. Criminal prosecution

c. Administrative hearing

d. All of the above

 

123. Judicial review of administrative discretion ensures:

a. Legality

b. Fairness

c. Rationality

d. All of the above

 

124. Doctrine of fairness requires:

a. Arbitrary decision

b. Fair procedure

c. Secret decision

d. Political decision

 

125. Doctrine of proportionality means:

a. Punishment must be proportionate to misconduct

b. Punishment must be harsh

c. Punishment must be secret

d. Punishment must be political

 

126. Proportionality principle is widely applied in:

a. Administrative law

b. Criminal law

c. Property law

d. Contract law

 

127. Proportionality test ensures:

a. Balance between action and objective

b. Absolute executive power

c. Criminal punishment

d. Legislative supremacy

 

128. Proportionality doctrine originated mainly in:

a. Germany

b. England

c. India

d. France

 

129. Proportionality principle in India was applied in:

a. Om Kumar v Union of India

b. Donoghue v Stevenson

c. Rylands v Fletcher

d. Ashby v White

 

130. Proportionality in service law examines:

a. Whether punishment is excessive

b. Whether contract exists

c. Whether criminal offence occurred

d. Whether property transferred

 

131. Judicial review of punishment ensures:

a. Fairness

b. Reasonableness

c. Proportionality

d. All of the above

 

132. If discretion violates Article 14:

a. It is unconstitutional

b. It is valid

c. It is criminal law

d. It is contract law

 

133. Judicial review mainly protects:

a. Rule of law

b. Arbitrary rule

c. Executive supremacy

d. Police authority

 

134. Administrative discretion should be exercised:

a. Arbitrarily

b. Reasonably

c. Secretly

d. Politically

 

135. Abuse of discretion includes:

a. Mala fide

b. Irrelevant considerations

c. Non-application of mind

d. All of the above