Administrative Law
UNIT – I (Marks : 15)
1. “Administrative Law is an Instrument to
combat administrative authoritarianism through the instrumentality of courts”.
Explain. (June 2011)
2. “The rapid growth and development of Administrative
Law in India has become the foundation stone of modern political
philosophy”. Explain. (Dec. 2012)
3.
Explain the reasons for the growth of Administrative
Law in India. (January 2012)
4. Discuss
the nature & scope of administrative law. (June 2011)
5.
Explain the nature & scope of
administrative law. (June
2013)
6.
Define ‘Administrative law’. Discuss the
various sources of Administrative law. (June 2013)
7.
Explain the components of “Rule of Law”. (June 2011)
8. Discuss the concept of Prof. Dicey’s rule of
law. Explain it’s role in the Development of Administrative Law. (June 2012)
9. When administrative authorities have to
act Judicially in India ? (June 2011)
10. Explain classification of administrative
actions and various tests to determine the same. (Dec. 2012)
11. Discuss
the enforceability of Administrative directions. (January 2012)
12. What
are administrative directions? Explain identification of them. (June 2012)
UNIT – I (Marks : 5)
1.
Critically examine the concept of “Rule of
Law”. (June 2011)
2.
Explain ‘Rule of Law’ according to
A.V.Dicey. (June 2013)
3.
Write a note on “Droit Administratiff”. (June 2011)
4.
Write a note on Droit-Administratiff. (January 2012)
5.
Write a note on enforceability of administrative
directions. (June
2011)
6.
State distinctions between administrative
directions and rules. (June
2012)
7.
Write a brief note on doctrine of separation
of powers. (June 2012)
8.
Explain and distinguish administrative law from
constitutional law. (June 2013)
9.
Whether licensing authorities have to act
judicially in India ? (Dec.
2012)
10. Normally
Government used to invite tenders from private printers to print and publish
text books for primary schools. But in 2010, Government issued a notification
regarding printing of text books by Government press. Private Publishers
challenged the notification. Decide.
(Dec. 2012)
11. The
Government issued an office memorandum providing for fixation of salary of
re-employed personnel. ‘A’, who is re-employed wants memorandum to be enforced.
The Government contends that the memorandum being Administrative direction confers
no enforceable right upon ‘A’. Decide. (January 2012)
12. ‘A’ a government officer vested with
discretion to grant permission for transplantation of kidney announced a policy
to be applied by him to all cases coming before him for decision ‘P’ an
applicant who is refused permission challenges the decision of ‘A’. Decide. (June 2011)
UNIT
– II Marks : 15
1.
Discuss the various factors responsible for the
rapid growth of delegated legislations in India. (June 2011)
2.
Discuss with the help of decided cases Judicial
control of delegated legislations in India. (June 2011)
3.
Explain judicial control over delegated
legislation with the help of decided cases. (June 2011)
4.
Discuss the parliamentary control over delegated
legislation in India. (June
2012)
5.
“Parliamentary
control of administrative rule making in India is implicit, because
the executive is responsible to Parliament”. Explain. (Dec. 2012)
6.
What is delegated legislation? what are
the constitutional limitations on the delegation of legislative power in India
? (June 2012)
7. Explain
‘Delegated Legislation’. What are the reasons for the growth of
delegated legislation ? (June
2013)
8.
Define Delegated Legislation and state
the reasons for its growth. (January 2012)
9.
Define Delegated Legislation and state
the reasons for its growth. (June 2011)
10. “Essential
Legislative Powers cannot be delegated by the legislature” – Explain. Refer
to decided Cases. (June
2013)
11. “Delegation
may be assailed when it is ultra vires the enabling Act”. Discuss with the
help of decided cases. (Dec. 2012)
12. Explain
the Doctrine of Ultra-Vires Refer decided cases. (January 2012)
UNIT
– II Marks : 5
1.
What delegations are permissible ? (June 2011)
2.
What are impermissible delegations ? (Dec.
2012)
3.
What are sub-delegations ? (June 2011)
4.
Write a note on sub-delegation. (January 2012)
5.
Can delegation be challenged on the ground of
unreasonableness ? (Dec.
2012)
6.
Explain Parliamentary control of delegated legislation.
(June 2013)
7.
Explain ‘Enabling Act and Delegation’. (June 2013)
8.
Under the Advocates Act, 1961, Bar Council of
India is given the power to prescribe the Qualifications for an Advocate to
vote at an election. The State Bar Council fixed these Qualifications with the
approval of Bar Council of India. Is it valid ? (January 2012)
9. An
Act of a state contains a provision that the state Government may extend any
section of the Act to particular area subject to “Such restrictions and
modifications as the Governments may deem fit”. Is the delegation Valid? (June 2011)
10. An Act of state imposed sales tax on goods.
Items mentioned in the schedule were exempted from tax. The Act conferred power
on the state government to add or delete items from the schedule. Before doing
so, the government had to give three months notice and consult affected
interests. Is the delegation Valid ? (June 2011)
11. A
statute prohibits the advertisement of drugs suggesting it’s use in diagnosis,
cure or treatment of “veneral disease”. The statute also delegates to the
central government the power of extending the application of the Act to “any
other disease or diseases”. Decide the validity of such delegation. (June 2012)
12. A statute delegates certain of its powers to
the central government. The Government further sub-delegates the same powers to
the administrative authority. Is this sub-delegation valid ? (June 2012)
UNIT
– III Marks : 15
1.
“Rule against Bias” is one of the
concepts of “Fair hearing”. Discuss with the help of decided cases.
(June 2011)
2.
Explain ‘The rule against bias’ with
reference to decided cases. (June 2013)
3.
Explain Personal Bias and Pecuniary
Bias with reference to decided cases. (January 2012)
4.
Discuss different kinds of bias with
reference to decided cases. (June 2011)
5.
Critically analyse the rule “Audi Alteram
Partem”. (June 2012)
6.
“Audi
Alterm Partem” is sine Quo non of “Fair hearing”. Discuss with the help of
decided cases. (June 2011)
7.
“Audi Altam Partem is sine qua non of
fair hearing”. Discuss with the help of decided cases. (Dec. 2012)
8.
“The term
Natural justice expresses close relationship between the common law and
moral principles and it has an impressive history of several centuries”.
Discuss. (Dec. 2012)
9.
Explain ‘principals of natural justice’
briefly, with the help of decided cases. (June 2013)
10. Discuss
Reasoned Decisions. Refer with decided cases. (January 2012)
11. Explain
‘quasi-judicial’ function. Discuss the grounds for characterising the
function as ‘quasi-judicial’ (June 2011)
12. Discuss
institutional decisions. Refer decided cases. (June 2012)
UNIT
– III Marks : 5
1.
What is a “Reasoned decision” ? (June 2011)
2.
When principles of natural justice can be
exempted ? (June 2013)
3. When
personal hearing is necessary ? Explain. (June 2013) An advocate was removed from
the rolls of state Bar council on the ground of his professional misconduct,
without giving opportunity to defend himself. Examine the validity of his
removal. (June 2011)
4.
Whether an order passed in violation of
natural justice be validated by post decisional hearing. (Dec. 2012)
5.
BDA has statutory powers to demolish any
building without any notice if it was constructed without prior permission. X’s
house is constructed without permission. The authority demolishes the house of
‘X’. Advise ‘X’. (Dec.
2012)
6.
The Collector of the District submits his report
to the State Government about working of Village Panchayat. On the basis of
this report the State Government after giving show cause notice to the Village
Panchayat, dissolved it. However, copy of the Collector’s report was not given
to it. Is this dissolution valid ? (January 2012)
7.
A Magistrate imposed a penalty on an owner of
dog for treating the dog with cruelty on a complaint given by the society for
prevention of cruelty to animals. The Magistrate himself was a member of the
society. Is his decision valid ? (January 2012)
8.
‘A’ was dismissed from government service on the
ground that he was convicted for an offence of theft. He challenges the dismissal
on the ground that he was not given an opportunity of hearing? Decide. (June 2011)
9.
An inquiry was commenced by the general manager
of the factory against ‘A’. The Managing Director was incharge of the
prosecution. After examining some witness the Managing Director took over the
inquiry and examined the General Manager as a witness. As a result of the
inquiry ‘A’ was dismissed. He challenges the order of dismissal as violating
the rules of natural justice. Decide. (June 2011)
10. An
adjudication proceeding started with out giving notice to the affected person.
However, the affected person appears and submits representation before the
adjudicator. Is this proceeding valid ? (June 2012)
11. ‘X’ was dismissed from his service by the
collector of customs. He preferred an appeal to the president of India as was
provided under service rules. The ministry of finance rejected the appeal
without reference to the President. Is it valid ? (June 2012)
UNIT
– IV Marks : 15
1.
Discuss the scope of judicial review of
Administrative Discretion in the light of Fundamental rights. (June 2011)
2.
Explain ‘Judicial Review of Administrative
Action’ and ‘Various types of Writs issued by courts’. (June 2013)
3.
Explain the various grounds for
exercising judicial control over “Administrative discretion” in
India with the help of decided cases. (Dec. 2012)
4.
Discuss the various civil and equitable remedies
to control administrative actions in India. (June 2011)
5. Discuss
the various privileges and immunities of Administration in suits and
legal proceedings. (Dec.
2012)
6.
State the extent of liability of the
government in tort. (June
2011)
7.
Government liabilities in contract depend
upon fulfillment of certain conditions. Elucidate and refer decided cases. (June 2012)
8.
Examine the Government privilege to
withhold documents in evidence. Refer decided cases. (January 2012)
9.
Explain the Writ of Mandamus. How does it
different from Injunction ? (January 2012)
10. Discuss
the principles governing the grant of writs of ‘mandamus’ and ‘quo-warranto’
(June 2011)
11. Examine
the scope of writ-of-Quo-Warranto. Refer decided cases. (June 2012)
12. Explain
‘Courts’ and ‘Tribunals’. Bring out their differences. (June 2013)
UNIT
– IV Marks : 5
1.
Distinguish between ‘Court’ and ‘Tribunal’. Marks : 5 (June 2011)
2.
Whether a writ can be issued to enforce
contractual liability against state ? (June 2011)
3.
Distinguish ‘Discretionary power’
from ‘Arbitrary power’. (Dec.
2012)
4.
Write a note on “Public Interest Litigation”.
(Dec. 2012)
5.
Write a note on right of Information (June 2011)
6.
Whether “State”
is bound by a statute ? (June
2012)
7.
Explain ‘Administrative Discretion’. (June 2013)
8.
Explain ‘Reasoned Decision’
9.
A contract was entered between ‘A’ and
Government of India through correspondence of letters. However, there was no
formal contract deed entered between them. Whether this contract is valid ? (January 2012)
10. The
Government has announced that new Industrial units in the State would be
granted exemption from payment of tax for a period of three years. Acting on
the above assurance ‘X’ established a factory on the assurance. Later the
Government withdraws the said benefit. ‘X’ wants to approach the court. Advise
him. (January 2012)
11. The
Central Government notified an export promotion scheme declaring that the
exporters of woolen textiles and goods would be entitled to import raw
materials equal to 100 percent of the value of exports. Relying upon the
notification ‘A’ a trader exported goods of the value of Rs.25 lakhs. The
Government refused to give licence. ‘A’ challenges the decision in court.
Decide. (June 2011)
12. The
Police assigned with the duty of protecting Collector’s office apprehending an
attack from an unlawful assembly resorts to lathi charge without magesterial
order ‘X’, who is not a member of the unlawful assembly sustained serious
injuries. He wants to claim damages from the stste government. Will he succeed
? (June 2012)
UNIT
– V Marks : 15
1.
Explain the Juristic status of public
corporations in India relating to their liability in ‘Tort’ and ‘Contract’. (June 2011)
2.
Explain the general features of a public
corporation in India. (Dec. 2012)
3.
Explain how far “Lokayuktha” helps to
redress the citizen’s grievances against administrative faulty. (June 2011)
4.
Write a critical note on Lokpal in India. (January 2012)
5. Explain
the constitution, functions and powers of central vigilance commission. (Dec. 2012)
6.
Discuss the parliamentary control over public
undertakings. (June
2012)
7.
Explain ‘Public undertaking’. What are
their functions? Explain with illustrations.
8.
Discuss Judicial Control over Public
Undertakings. (January 2012)
9.
State the Principles relating to judicial
control over public undertakings. (June 2011)
10. What
is the need for institution of Ombudsman ? What are the steps taken in
India in this regard. (June
2011)
11. Explain
the concept of Ombudsman. Trace the development in India. (June 2013)
12. Examine
the scope of commission of inquiry Act – 1952. Refer decided cases. (June 2012)
UNIT – V Marks : 5
1.
Distinguish “Court” from “Commission
of Enquiry”. (June
2011)
2.
Write a note on “ Commission of Enquiry”.
(Dec. 2012)
3.
Distinguish between “Inquiry and
Investigation”. (Dec. 2012)
4.
Write a note on Central Vigilance Commission.
(January 2012)
5.
Make a note on Lokayukta in Karnataka. (January 2012)
6.
Express opinion on proposed Lok pal-Bill.
(June 2012)
7.
Write a note on Corruption. (June 2011)
8.
Write a note on “mal-administration”
9.
Write a note on “Public Interest Litigation”. (June 2011)
10. Write
a note on Parlimentary Committees. (June 2011)
11. Explain
‘Special Leave Petition’. (June 2013)
12. Explain
‘Privileges of government to withhold documents’. (June 2013)
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