Part : 4 Important MCQ on ADMINISTRATIVE LAW

Part : 4

Important MCQ on ADMINISTRATIVE LAW

1. What is the function of scrutiny committees?

(A) To scrutinise and report to the respective house.

(B) Power to make Rule, Regulation, Sub Rules.

(D) All of the above

Answer: (D) All of the above

Explanation: Scrutiny committees are a function of local authorities in England and Wales. They are established by the Local Government Act 2000, which created separate executive and overview and scrutiny functions within councils. Scrutiny committees may:

Investigate any issue that affects the area or the area’s inhabitants
Require information and attendance from cabinet members and council officers
Make recommendations to the cabinet or the full council on policies and decisions
Review the performance and finances of the council and its partners.
Scrutinise the impact of council strategy on service delivery and community outcomes.
Scrutiny committees are meant to act as watchdogs, holding the executive to account and ensuring transparency and accountability in local governance.

2. In India the position of Union and state are-

(A) They are legal person.

(B) They can be liable.

(D) All of above Statement true.

Answer: (D) All of above Statement true.

Explanation: India is a union of states. The Constitution of India has divided the legislative, executive and financial powers between the centre and the states, which gives the constitution a federal character. The judiciary is integrated in a hierarchical structure. The Union and the states are legal persons, which means they can sue and be sued in their own names. They can also be liable for their acts and omissions, subject to certain constitutional and statutory limitations.

3. Is the tortious liability imposed on Government-

(A) Yes

(B) No

(D) None of the above

Answer: (A) Yes

Explanation: In India, there is no specific legislation that governs the tortious liability of the government. However, the courts have developed the common law principles and applied them to the cases involving the government and its servants. Article 300 of the Constitution of India provides that the government of India and the government of each state may sue and be sued in relation to their respective affairs in the like cases as the Dominion of India and the corresponding provinces or the corresponding Indian states might have sued or been sued if the Constitution had not been enacted. This implies that the government is not immune from tort liability and can be held responsible for the wrongful acts of its servants, subject to certain exceptions and defences.

4. The Doctrine of vicarious liability is based on the maxims-

(A) ‘Responde at superior’

(B) “Qui facit per alium fact perse”

(D) None of the above

Answer: (C) Both A and B

Explanation: Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the “right, ability or duty to control” the activities of a violator. Vicarious liability is based on two Latin maxims:

Qui facit per alium facit per se, meaning “he who does an act through another is deemed in law to do it himself.”

Respondeat superior, meaning “let the master answer.”

These maxims imply that one person is held liable for the torts committed by another person who is under his control or supervision, even if he is not personally at fault. The rationale behind this doctrine is to ensure that the person who benefits from the activities of another should also bear the risk of loss or injury caused by those activities.

5. Which Art of India constitution deals to the tortious liability of the Government?

(A) Art. 293

(B) Art. 294(b)

(D) Art. 296

Answer: (B) Art. 294(b)

Explanation: Article 294(b) of the Constitution of India deals with the succession to the rights, liabilities and obligations of the government of the Dominion of India and the government of each Governor’s Province after the commencement of the Constitution. It states that:

All rights, liabilities and obligations of the government of the Dominion of India and of the government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the government of India and the government of each corresponding state, subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.

This provision implies that the government of India and the government of each state inherited the tortious liability of the previous governments, and can be sued or sue in relation to their respective affairs in the same manner as the Dominion of India and the corresponding provinces or the corresponding Indian states could have done before the Constitution came into force.

6. The State of Rajsthan V. Vidhyawati case related to-

(A) Act of God.

(B) Frand

(D) Fault

Answer: (D) Fault

Explanation: The State of Rajasthan v. Vidhyawati case related to the issue of the vicarious liability of the state for the tortious act of its servant. The facts of the case were that a driver of a government jeep car, while returning from a repair workshop, knocked down a pedestrian who was walking on the footpath by the side of a public road. The pedestrian died due to the injuries. His widow and daughter filed a suit for damages against the driver and the state of Rajasthan. The trial court held the driver liable but exonerated the state on the ground that the car was maintained for the use of the collector for discharging his official duties, which was a sovereign function. The high court reversed the decision and held the state also liable on the ground that the driver was acting in the course of his employment and there was no distinction between sovereign and non-sovereign functions for the purpose of tort liability. The Supreme Court affirmed the judgment of the high court and held that the state was vicariously liable for the fault of its servant, who was rash and negligent in driving the car that caused the accident. The court observed that the state could not claim immunity from tort liability on the basis of the doctrine of sovereign immunity, which was a relic of the colonial era and had no place in a welfare state. The court also noted that the Constitution of India had established a rule of law and not of men, and that the state was not above the law.

7. In the modern outlook the doctrine of vicarious liability is based on-

(A) Social convenience

(B) Justice

(D) None of the above

Answer: (C) Both A and B.

Explanation : Vicarious liability is based on the policy of social convenience and justice, as it ensures that the victims of torts committed by employees in the course of their employment are adequately compensated by the employers who have the benefit and control of their services.

8. Is the ‘Sovereign Function’ is defence against tortious liability

(A) No

(B) Yes

(D) All of above true

Answer : (B) Yes.

Explanation : Sovereign function is a defence against tortious liability, as the State enjoys immunity from being sued for the acts done by its servants while exercising sovereign powers, such as defence, foreign affairs, administration of justice, etc. This is based on the distinction between sovereign and non-sovereign functions of the State, which was adopted from the English common law doctrine of the King can do no wrong

9. The distinction between Sovereign and non sovereign power depends upon-

(A) Nature of the power and manner of its exercise.

(B) The methods of working

(D) Importance of the work

Answer : (A) Nature of the power and manner of its exercise.

Explanation : The distinction between sovereign and non-sovereign power depends upon the nature of the power and manner of its exercise, rather than the methods, technicality or importance of the work. This was held by the Supreme Court in Kasturi Lal v. State of U.P, where it observed that the test of sovereignty is whether the power is inalienable and cannot be delegated to private individuals.

10. The court have awarded compensation to-

(A) The victim

(B) The Hairs

(D) All of the above

Answer : (D) All of the above.

Explanation : The court may award compensation to the victim, the heirs or the legal representatives of the deceased person who suffered a tortious injury or death. This is based on the principle of restitutio in integrum, which means restoring the injured party to the position he or she was in before the injury. The compensation may include damages for pecuniary and non-pecuniary losses, such as medical expenses, loss of income, pain and suffering, loss of amenities, etc.

11. The Contractual liability of the Union of India and state is recognised by the Constitution under

(A) Art. 294

(B) Art. 298

(D) All of above

Answer : (D) All of above.

Explanation : The contractual liability of the Union of India and the State is recognised by the Constitution under Articles 294, 298 and 299. Article 294 provides that the property and assets of the Dominion of India and the provinces shall vest in the Union and the States respectively. Article 298 provides that the executive power of the Union and the States shall extend to the carrying on of any trade or business and the making of contracts for any purpose. Article 299 provides the mode and manner of execution of such contracts by the President or the Governor, as the case may be.

12. In the matter of Union and State the requirment must be fulfilled in contract made by following-

(A) By the Precedent or Governor as case may be.

(B) Such manner prescribed by precident or Governor.

(D) None of the above

Answer : (C) Both are true.

Explanation : In the matter of Union and State, the requirement must be fulfilled in contract made by following both (A) By the President or Governor as the case may be and (B) Such manner prescribed by President or Governor. This is according to Article 299 (1) of the Constitution, which states that all contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorise.

13. If the contract is influenced by unauthorized or in excess of authority then-

(A) The contract can not enforceable.

(B) Contract can be enforceable.

(D) The Contract is immoral.

Answer: (A) The contract cannot be enforceable.

Explanation : If the contract is influenced by unauthorized or in excess of authority, then the contract cannot be enforceable against the Union or the State, as it would be void and unenforceable. This is because Article 299 (1) of the Constitution is mandatory and the contract made in contravention thereof is not binding on the Government. However, the Government may ratify such a contract and make it valid, if it is done within a reasonable time and with the knowledge of all the material facts.

14. The effect of a valid contract is-

(A) Enforceable by Law

(B) Must be consideration.

(D) All of the above

Answer: (D) All of the above

Explanation: A valid contract is an agreement that is binding and enforceable by law. It creates rights and obligations for the parties who have entered into it with free consent, lawful consideration, and lawful object. A valid contract can be enforced by law in case of any breach or non-performance by any party. A valid contract must also have consideration, which is something of value given or promised by one party to another in exchange for the promise or performance of the other party. A valid contract also binds the parties to the terms and conditions of the agreement, unless they mutually agree to modify or terminate it.

15. R. K. Agrawal Vs State of Bihar case related to-

(A) Compensation

(B) Consideration

(D) All of above

Answer: (D) All of above

Explanation: R. K. Agrawal Vs State of Bihar case related to the issues of compensation, consideration, and breach of contract. The petitioner had entered into a lease agreement with the Bihar Industrial Area Development Authority (BIADA) for a plot of land in an industrial growth centre for a period of 90 years. The petitioner had paid the lease rent and other charges as per the agreement. However, the respondent authority revised the rate of royalty for the plot without consulting the petitioner and cancelled the lease on the ground of non-payment of the revised royalty. The petitioner challenged the revision and cancellation of the lease before the High Court of Patna, seeking compensation for the loss and damages suffered by him, restoration of the lease, and consideration of his prayer to fulfil the liability and rules of BIADA. The High Court dismissed the petition, holding that the revision of royalty was valid and that the petitioner had failed to pay the revised royalty despite repeated notices. The High Court also held that the petitioner had no right to claim compensation or restoration of the lease, as he had not complied with the terms and conditions of the agreement.

16. The doctrine of Estoppel is a-

(A) Principle of morality

(B) Principle of equity

(D) All of above

Answer: (B) Principle of equity

Explanation: The doctrine of estoppel is a principle of equity that prevents a person from asserting a right or position that contradicts their previous conduct, representations, or promises made to another person. It is based on the principle that a person should not be allowed to go back on their word or act inconsistently to the detriment of another. The doctrine of estoppel is also a rule of evidence that bars a person from denying the truth of a fact that they have induced another person to believe and act upon. The doctrine of estoppel is not a principle of morality or a subordinate law, but a principle of equity that is applied by the courts to do justice between the parties.

17. Which section of Indian Evidence Act 1872 in bodies the doctrine of estoppel -

(A) Sec. -115

(B) Sec. -116

(D) Sec. -118

Answer: (A) Sec. -115

Explanation: Section 115 of the Indian Evidence Act 1872 embodies the doctrine of estoppel. It states that:

"When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing."

This section lays down the general rule of estoppel, which applies to all kinds of estoppel, such as estoppel by deed, estoppel by conduct, estoppel by election, estoppel by negligence, etc. The other sections of the Indian Evidence Act 1872 that deal with specific kinds of estoppel are:

18. According to Traditional theory the doctrine of estoppel-

(A) Cannot itself be the basis of cause of action.

(B) It can only be a shield and not a sword.

(D) None of the above

Answer: (C) Above A and B

Explanation: According to the traditional theory, the doctrine of estoppel cannot itself be the basis of cause of action, and it can only be a shield and not a sword. This means that estoppel cannot be used to create a new right or obligation that did not exist before, but only to prevent a person from denying an existing right or obligation that they have acknowledged or confirmed by their conduct, representation, or promise. Estoppel can only be used as a defence to protect a person from the adverse consequences of relying on another person’s conduct, representation, or promise, but not as a ground to initiate a legal action against that person.

19. In India the doctrine of Estoppel apply against-

(A) The person to whom the promise is made.

(B) Against the Government.

(D) Against the all of above.

Answer: (D) Against the all of above.

Explanation: In India, the doctrine of estoppel applies against the person to whom the promise is made, against the government, and against the public bodies. The person to whom the promise is made can invoke the doctrine of estoppel to prevent the person who made the promise from denying or contradicting it, if the former has acted upon the promise to their detriment. The government and the public bodies can also be bound by the doctrine of estoppel, if they have made any representation or promise to a person who has acted upon it in good faith and altered their position. The doctrine of estoppel is not excluded by the doctrine of sovereign immunity or public policy, as long as the representation or promise made by the government or the public body is within their lawful authority and does not violate any statute or constitutional provision.

20. Can a doctrine of Estoppel apply against the statute-

(A) No

(B) Yes

(D) None of the above

Answer: (A) No

Explanation: The doctrine of estoppel cannot apply against the statute, as it would be contrary to the rule of law and the supremacy of the legislature. The doctrine of estoppel is a principle of equity that is applied by the courts to prevent injustice and fraud, but it cannot override the express provisions of the statute or the constitution. The doctrine of estoppel cannot be used to validate an illegal or void contract, or to confer a right or benefit that is prohibited by the statute or the constitution. The doctrine of estoppel cannot also be used to estop the legislature from enacting or amending any law, or to estop the courts from interpreting or applying any law.

21. Is the principle of estoppel invoked against public policy-

(A) It is equitable and can not apposed public policy

(B) It cannot be invoked against public interest.

(D) All of above statement true.

Answer: (D) All of above statement true.

Explanation: The principle of estoppel is based on equity and good conscience, as the object of this doctrine is to prevent fraud and injustice. However, it cannot be invoked against public policy or public interest, as it would be contrary to the rule of law and the welfare of the society. The principle of estoppel cannot be used to validate an illegal or void contract, or to confer a right or benefit that is prohibited by the law or the constitution. The principle of estoppel also does not apply if the result sought to be achieved is against public good or morality.

22. According to Smith the theory of Natural Justice also known as-

(A) Fundamental Justice

(B) Universal Justice

(D) All of the above forms

Answer: (D) All of the above forms

Explanation: According to Smith, the theory of Natural Justice is also known as Fundamental Justice, Universal Justice, or Fair play in action. These terms reflect the essence and scope of the theory, which is based on the natural sense of justice that is common to all humans and derived from nature rather than from the rules of society. The theory of Natural Justice aims to ensure fairness and justice in the administration of law, especially in the cases where the rights and interests of the individuals are affected by the decisions of the authorities. The theory of Natural Justice comprises two main principles: the rule against bias and the right to a fair hearing.

23. The aim of principle Natural Justice is-

(A) To secure Justice

(B) To prevent miscarriage of Justice

(D) None of the above

Answer: (C) Above A and B

Explanation: The aim of the principle of Natural Justice is to secure justice and to prevent miscarriage of justice. The principle of Natural Justice protects the rights and interests of the individuals from the arbitrary or unreasonable actions of the authorities. The principle of Natural Justice ensures that the decision-making process is fair, transparent, and impartial, and that the parties affected by the decision are given a reasonable opportunity to present their case and to challenge the evidence against them. The principle of Natural Justice also promotes public confidence and trust in the administration of justice, as it ensures that justice is not only done but also seen to be done.

24. Against whom natural Justice can be enforced?

(A) All the courts.

(B) Judicial bodies.

(D) Against all of above

Answer: (D) Against all of above

Explanation: The principle of Natural Justice can be enforced against all the courts, judicial bodies, and quasi-judicial authorities that exercise judicial or quasi-judicial functions in deciding the matters that have civil consequences for the parties. The principle of Natural Justice is also applicable to the administrative authorities that exercise discretionary powers that affect the rights and interests of the individuals. The principle of Natural Justice is not limited by any statute or constitution, but is inherent in the concept of rule of law and democracy. The principle of Natural Justice can be invoked by the aggrieved parties to challenge the validity of the decisions that are made in violation of the principle.

25. How many principles of Natural Law recognised in English Law?

(A) No man shall be a judge in his own case.

(B) Hear the other side.

(D) None of the above.

Answer: (C) Both A & B

Explanation: The principles of Natural Law recognised in English Law are two: No man shall be a judge in his own case, and Hear the other side. These principles are also known as the rule against bias and the rule of fair hearing, respectively. These principles are derived from the Roman law and the common law, and are considered to be the essential elements of the principle of Natural Justice. These principles require that the decision-maker must be impartial and independent, and that the parties affected by the decision must be given a fair opportunity to present their case and to rebut the evidence against them. These principles are applicable to all the courts, judicial bodies, quasi-judicial authorities, and administrative authorities that exercise judicial or quasi-judicial functions in deciding the matters that have civil consequences for the parties.

26. “Justice should not only be done, but manifestly and undoubtedly be seen to be done” the statement related to-

(A) The principle of Natural Justice.

(B) The principle of morality.

(D) All of above are true

Answer: (A) The principle of Natural Justice.

Explanation: The statement “Justice should not only be done, but manifestly and undoubtedly be seen to be done” is related to the principle of Natural Justice. This statement was made by Lord Hewart CJ in the case of R v Sussex Justices, ex parte McCarthy, where he quashed the conviction of a motorcyclist by a bench of magistrates, on the ground that one of the magistrates was a partner in the firm of solicitors that acted for the insurance company of the other party involved in the accident. The statement reflects the importance of the appearance of justice, as well as the substance of justice, in the administration of law. The statement implies that the decision-maker must not only be impartial and fair, but also avoid any circumstances that may give rise to a reasonable suspicion or doubt about their impartiality and fairness. The statement also implies that the decision-making process must be transparent and open to public scrutiny, so that the parties and the public can be satisfied that justice is done and seen to be done.

27. How many types of Bias usually seen-

(A) Pecuniary.

(B) Personal

(D) All of above.

Answer: (D) All of above

Explanation: Bias means an operative prejudice, whether conscious or unconscious, that may affect the decision of the decision-maker in favour of or against a party or an issue. Bias may manifest itself in various ways and may arise from various sources. The types of bias usually seen are:

Pecuniary bias: This refers to the bias that arises from a financial interest, however small or remote, that the decision-maker or their close relatives or associates may have in the outcome of the decision. Pecuniary bias is considered to be the most serious form of bias, as it directly affects the integrity and credibility of the decision-maker. Any pecuniary interest, unless it is too trivial or insignificant, is sufficient to vitiate the decision on the ground of bias.

Personal bias: This refers to the bias that arises from a personal or professional relationship, such as friendship, enmity, rivalry, favouritism, nepotism, etc., that the decision-maker may have with any of the parties or their representatives or witnesses. Personal bias may also arise from the personal views, opinions, beliefs, prejudices, or attitudes of the decision-maker towards a party or an issue. Personal bias may affect the objectivity and impartiality of the decision-maker, and may create a reasonable apprehension of bias in the mind of a fair-minded and informed observer.

Subject-matter bias: This refers to the bias that arises from a direct or indirect interest or involvement of the decision-maker in the subject matter of the decision. Subject-matter bias may arise when the decision-maker has a stake or a role in the matter, or when the decision-maker has previously dealt with the same or a related matter, or when the decision-maker has expressed a view or given an advice on the matter. Subject-matter bias may affect the independence and neutrality of the decision-maker, and may create a reasonable likelihood of bias in the mind of a fair-minded and informed observer.

28. The essential elements of the maxim “Audi alteram partem” is-

(A) Notice

(B) Hearing

(D) None of the above

Answer: (C) Both A and B

Explanation: Audi alteram partem is a Latin phrase that means “hear the other side” or “let the other side be heard as well”. It is one of the principles of natural justice that requires a fair hearing and justice for both parties in any judicial or quasi-judicial action. The essential elements of this maxim are:

Notice: The party affected by the decision must be given a prior notice of the time, place, and procedure of the hearing, as well as the grounds and evidence on which the decision is based. The notice must be clear, specific, and reasonable, and must give sufficient time and opportunity to the party to prepare and present their case.

Hearing: The party affected by the decision must be given a fair opportunity to be heard and to respond to the evidence and arguments against them. The hearing must be conducted in an impartial and unbiased manner, and the party must be allowed to cross-examine the witnesses, to produce their own witnesses and evidence, and to have legal representation, if necessary. The hearing must also be oral and public, unless there are exceptional circumstances that require otherwise.

29. General principle of Natural Justice are-

(A) The adjudicating authority must be unbiased.

(B) The adjudicating authority must be impartial.

(D) All of the above are true.

Answer: (D) All of the above are true.

Explanation: Natural justice is the concept of common law that denotes specific procedural rights that ensure fairness, reasonableness, equality, and equity in the decision-making process. The general principles of natural justice are:

The adjudicating authority must be unbiased: This means that the decision-maker must not have any personal or professional interest, relationship, or prejudice that may affect their judgment or create a reasonable apprehension of bias in the mind of a fair-minded and informed observer. This principle is also known as nemo judex in causa sua, which means “no one shall be a judge in his own case”.

The adjudicating authority must be impartial: This means that the decision-maker must not have any preconceived opinion, belief, or attitude that may influence their decision or create a reasonable likelihood of bias in the mind of a fair-minded and informed observer. This principle is also known as nemo debet esse judex in propria causa, which means “no one should be a judge in his own cause".

The adjudicating authority cannot delegate its power to another officer: This means that the decision-maker must exercise its own discretion and judgment, and not rely on the opinion or advice of another person or authority, unless it is authorized by law or consented by the parties. This principle is also known as delegatus non potest delegare, which means “a delegate cannot delegate”.

30. The consequence of violation of the rule of Natural Justice is-

(A) The order null and void.

(B) The order merely voidable.

(D) All of the above.

Answer: (C) The order void ab initio.

Explanation: The violation of the rule of natural justice renders the order or decision null and void, or void ab initio, which means “void from the beginning”. This means that the order or decision has no legal effect or validity, and cannot be enforced or relied upon by any party. The order or decision can be challenged and quashed by a superior court or authority on the ground of violation of natural justice, and the matter can be remitted back to the original decision-maker for a fresh hearing in accordance with the principles of natural justice.

31. In the following cases the principle of Natural Justice may be excluded-

(A) In case of Necessity.

(B) Where the fact are admitted or undisputed.

(D) None of the above

Answer: (C) Both A and B

Explanation: The principle of natural justice may be excluded or modified in the following cases:

In case of necessity: This means that the principle of natural justice may be dispensed with when there is an urgent or emergent situation that requires immediate action or decision, and where the delay caused by following the principle of natural justice may result in irreparable harm or injury to the public interest or the rights of the parties. However, this exception must be justified by the facts and circumstances of the case, and the decision-maker must act bona fide and reasonably, and not arbitrarily or capriciously.

Where the facts are admitted or undisputed: This means that the principle of natural justice may be dispensed with when there is no dispute or controversy over the facts or the law involved in the case, and where the decision is based on the admission or concession of the parties. However, this exception must not be used to deprive the parties of their right to be heard or to challenge the evidence or the decision.

32. The exception of the rule of Natural Justice are-

(A) Constitutional matter

(B) Public Interest

(D) All of the above

Answer: (D) All of the above

Explanation: The rule of natural justice may also be excluded or modified by the following exceptions:

Constitutional matter: This means that the rule of natural justice may be excluded or modified by an express provision of the constitution or by a necessary implication of the constitutional scheme or policy. For example, Article 311 of the Indian Constitution provides that a civil servant cannot be dismissed or removed by an authority subordinate to that by which he was appointed, and that he must be given a reasonable opportunity of showing cause against the action proposed to be taken against him. However, these safeguards are not applicable where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to give such an opportunity.

Public interest: This means that the rule of natural justice may be excluded or modified by an express provision of a statute or a rule made under it, or by a necessary implication of the statutory scheme or policy, in the interest of public welfare or public order. For example, Section 144 of the Code of Criminal Procedure, 1973 empowers a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, to issue an order in urgent cases of nuisance or apprehended danger, directing any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, or an affray. Such an order may be made without giving any notice or opportunity of hearing to the person affected by it.

Academic evaluation: This means that the rule of natural justice may be excluded or modified by the discretion of the academic authorities or bodies, in matters relating to the assessment or evaluation of the academic performance or merit of the students or candidates. For example, the Supreme Court of India held in the case of Board of High School and Intermediate Education, U.P. v. Ghanshyam Das Gupta that the rule of natural justice does not apply to the cancellation of an examination or the withholding of a result by the examination board on the ground of unfair means or malpractice, and that the board is not bound to give any notice or opportunity of hearing to the student or candidate affected by such action.

33. The essential element of sufficient information are-

(A) To provide time, Place and Procedure of hearing.

(B) The adjudicating authoring must full opportunity to affected person to produce relevant evidence.

(D) None of the above

Answer : (C) Above A and B.

Explanation : Sufficient information is one of the aspects of the principle of natural justice that requires the party affected by the decision to be informed of the case against them and to be given a fair opportunity to present their case. The essential elements of sufficient information are:

To provide time, place, and procedure of hearing: This means that the party affected by the decision must be given a prior notice of the time, place, and procedure of the hearing, as well as the grounds and evidence on which the decision is based. The notice must be clear, specific, and reasonable, and must give sufficient time and opportunity to the party to prepare and present their case.

The adjudicating authority must give full opportunity to the affected person to produce relevant evidence: This means that the party affected by the decision must be given a fair chance to be heard and to respond to the evidence and arguments against them. The party must be allowed to cross-examine the witnesses, to produce their own witnesses and evidence, and to have legal representation, if necessary. The party must also be informed of the reasons and grounds of the decision.

34. Opportunity of hearing means-

(A) This is mandatory.

(B) Hearing must be reasonable.

(D) All of the above

Answer : (D) All of the above.

Explanation : Opportunity of hearing is another aspect of the principle of natural justice that ensures that the party affected by the decision is not condemned unheard. Opportunity of hearing means: that the party affected by the decision has a right to be heard before the decision is made, and that this right cannot be denied or waived, unless there are exceptional circumstances that justify the exclusion or modification of the principle of natural justice.

Hearing must be reasonable: This means that the hearing must be conducted in an impartial and unbiased manner, and that the party affected by the decision must be given a reasonable time and opportunity to present their case and to rebut the evidence against them. The hearing must also be oral and public, unless there are exceptional circumstances that require otherwise.

There must be sufficient notice: This means that the party affected by the decision must be given a prior notice of the time, place, and procedure of the hearing, as well as the grounds and evidence on which the decision is based. The notice must be clear, specific, and reasonable, and must give sufficient time and opportunity to the party to prepare and present their case.

35. The meaning of “Mandamus” is

(A) Rule

(B) Command

(D) All of the above

Answer : (D) All of the above.

Explanation : Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty The meaning of mandamus is:

Rule: This means that mandamus is a rule or a principle of law that governs the issuance and enforcement of the order.

Command: This means that mandamus is a command or a directive from the court to the authority to perform or refrain from performing the act.

Direction: This means that mandamus is a direction or a guidance from the court to the authority to follow the law or the duty.

36. A write of mandamus can be issued if the following conditions are satisfied by the petitioner-

(A) Legal rights

(B) Legal duty

(D) All of the above

Answer: (D) All of the above.

Explanation: A writ of mandamus is a judicial order issued by the Supreme Court or the High Court to compel the performance of a public or statutory duty by a lower court, a government officer, or a public body, which has failed or neglected to do so. The conditions for issuing a writ of mandamus are:

Legal rights: The petitioner must have a legal right to seek the performance of the duty. The right must be clear, specific, and subsisting, and not vague, contingent, or future. The right must also be enforceable by law and not dependent on the discretion of the authority.

Legal duty: The respondent must have a legal duty to perform the duty. The duty must be public or statutory, and not private or contractual. The duty must also be mandatory and not discretionary. The duty must be owed to the petitioner or the public at large, and not to a third party.

Demand and refusal: The petitioner must have demanded the performance of the duty from the respondent, and the respondent must have refused or failed to perform the duty within a reasonable time. The demand and refusal must be clear, unequivocal, and final, and not conditional or tentative.

37. Against whom ‘Mandamus’ would not lie-

(A) The Precident

(B) Parliament

(D) University

Answer: (D) University

Explanation: A writ of mandamus would not lie against a university, as a university is not a public authority or a statutory body, but a private or autonomous body. A writ of mandamus can only be issued against a public authority or a statutory body, which has a public or statutory duty to perform. A university does not have any public or statutory duty, but only has academic or administrative functions, which are governed by its own rules and regulations. A university is not bound by any law or statute, but by its own charter or constitution. Therefore, a writ of mandamus cannot be issued against a university to compel it to perform any duty.

38. The write of certiorari may be issued in the following grounds-

(A) Error of Jurisdiction.

(B) Lack of Jurisdiction.

(D) All of the above

Answer: (D) All of the above

Explanation: A writ of certiorari is a judicial order issued by the Supreme Court or the High Court to quash or set aside an order or decision of a lower court, tribunal, or quasi-judicial authority, which has exceeded or abused its jurisdiction or violated the principles of natural justice. The grounds for issuing a writ of certiorari are:

Error of jurisdiction: This means that the lower court, tribunal, or quasi-judicial authority has acted without jurisdiction, or in excess of jurisdiction, or in violation of the rules of jurisdiction. Jurisdiction means the power or authority to hear and decide a case. A writ of certiorari can be issued to correct the errors of jurisdiction, such as lack of territorial jurisdiction, lack of pecuniary jurisdiction, lack of subject matter jurisdiction, lack of personal jurisdiction, etc.

Lack of jurisdiction: This means that the lower court, tribunal, or quasi-judicial authority has no power or authority to hear and decide the case at all. A writ of certiorari can be issued to quash the order or decision of a lower court, tribunal, or quasi-judicial authority, which has assumed jurisdiction over a matter that does not fall within its competence or scope.

Error apparent on the face of record: This means that the lower court, tribunal, or quasi-judicial authority has made an error of law or fact, which is evident from the record of the case, without any elaborate argument or evidence. A writ of certiorari can be issued to quash the order or decision of a lower court, tribunal, or quasi-judicial authority, which is based on a manifest or obvious error of law or fact, such as misinterpretation of a statute, misapplication of a precedent, disregard of a material evidence, etc.

39. Who may apply for the write of ‘Certorari’-

(A) Whose rights are affected.

(B) Any person if public at large Question involve.

(D) None of the above

Answer: (C) Both A and B

Explanation: A writ of certiorari can be applied for by any person who is aggrieved by the order or decision of a lower court, tribunal, or quasi-judicial authority, or by any person who has a public interest in the matter. The applicant must have a locus standi, which means a right or interest to file the writ petition. The applicant must also have a legal right, which has been infringed or affected by the order or decision of the lower court, tribunal, or quasi-judicial authority. The applicant must also show that he has no other adequate or alternative remedy available to him.

40. The meaning of Quo Warranto is-

(A) What is your authority.

(B) What is your name

(D) All of the above

Answer: (A) What is your authority.

Explanation: Quo warranto is a Latin phrase that means “by what authority” or “by what warrant”. It is a writ or a legal action that challenges the right or authority of a person to hold a public or a statutory office, or to exercise a public function or a franchise. It is used to prevent a usurper from unlawfully occupying a public or a statutory office, or from enjoying the privileges or benefits of such an office. It is also used to protect the public interest and to uphold the rule of law.

41. The condition to issued ‘Quo Warranto’ write is-

(A) The office must be a public nature.

(B) The office must be statutory.

(D) All of the above.

Answer: (D) All of the above.

Explanation: The conditions to issue a writ of quo warranto are:

The office must be of a public nature: This means that the office must be created by the Constitution or a statute, or recognised by law, and must involve the exercise of some public duty or function. The office must not be of a private or a contractual nature, or dependent on the personal will or discretion of the appointing authority.

The office must be substantive: This means that the office must have a permanent character and a fixed tenure, and must not be temporary or casual. The office must also have a distinct name, a definite status, and a prescribed qualification.

The holder must have asserted his claim: This means that the holder of the office must have claimed or asserted his right or authority to hold the office, or to exercise the function or the franchise. The holder must have taken the oath or the affirmation, or performed the duties or the functions, or enjoyed the privileges or the benefits, of the office.

42. The reasons of the development of public interest are-

(A) To promote and vindicate public interest.

(B) Violation of Legal rights of the poor peoples.

(D) All of the above.

Answer: (D) All of the above

Explanation: Public interest is the general welfare or common good of the society or a community. The development of public interest is influenced by various factors, such as:

To promote and vindicate public interest: This means that the public interest is developed to advance and protect the rights and interests of the public, especially those who are marginalized, oppressed, or disadvantaged. The public interest is also developed to ensure that the public authorities act in accordance with the law and the constitution, and that they are accountable and transparent in their functioning.

Violation of legal rights of the poor peoples: This means that the public interest is developed to address the violation of the legal rights of the poor people, who are often denied access to justice, due to lack of awareness, resources, or representation. The public interest is also developed to provide legal aid and assistance to the poor people, who are unable to afford the cost of litigation or legal services.

Socially or economically disadvantaged peoples: This means that the public interest is developed to empower and uplift the socially or economically disadvantaged people, who are discriminated, exploited, or excluded from the mainstream society. The public interest is also developed to promote social justice and equality for the disadvantaged people, who are deprived of the basic necessities and opportunities of life.

43. The pollution of Gangas water related matter M. C. Mehta vs Union of India belongs to-

(A) A public Interest Litigation

(B) A General Litigation

(D) A Individual Litigation

Answer: (A) A public Interest Litigation

Explanation: A public interest litigation (PIL) is a legal action initiated by any person or group of persons, or by the court itself, in the interest of the public or a section of the public, especially those who are poor, weak, or vulnerable. A PIL is filed to seek judicial intervention in matters of public importance, such as human rights, environment, corruption, etc.

The pollution of Ganga water related matter M. C. Mehta vs Union of India is an example of a PIL, where the petitioner, M. C. Mehta, a noted environmental lawyer and activist, filed a writ petition in the Supreme Court of India in 1985, seeking directions to the central and state governments and various industries to stop polluting the river Ganga, which is considered as a sacred and lifeline of millions of people. The Supreme Court, in a series of landmark judgments, issued various orders and directions to the authorities and the industries to take measures to prevent and control the pollution of the river Ganga, and to restore its water quality and ecological balance. The Supreme Court also appointed various committees and experts to monitor and report the progress and compliance of its orders and directions. The PIL is still pending and the Supreme Court is continuing to hear the matter from time to time.

44. The meaning of Judicial Review is-

(A) This is the power of court to hold the unconstitutional of any law.

(B) In the power of judicial review the court hold unreasonability of law.

(D) None of the above

Answer: (C) All above A and B

Explanation: Judicial review is the process by which the judiciary examines and determines the validity and constitutionality of the actions and laws of the executive and the legislature. Judicial review is one of the checks and balances in the separation of powers, and one of the basic features of the constitution. Judicial review has two aspects:

This is the power of court to hold the unconstitutional of any law: This means that the court has the power to declare any law or amendment made by the Parliament or the state legislatures as null and void, if it is found to be inconsistent or incompatible with the provisions or the basic structure of the constitution. The court can also strike down any subordinate legislation, such as rules, regulations, orders, etc., made by the executive, if they are ultra vires or beyond the scope of the parent legislation or the constitution.

In the power of judicial review the court hold unreasonability of law: This means that the court has the power to declare any law or action of the executive or the legislature as unreasonable, arbitrary, or irrational, if it is found to be violative of the fundamental rights, the directive principles, or the principles of natural justice. The court can also quash any administrative action, such as orders, decisions, notifications, etc., made by the executive or its agencies, if they are mala fide, unfair, or unjust.

45. Judicial Review in India deals with the following aspects-

(A) Legislative Action

(B) Judicial decisions

(D) All of the above

Answer: (D) All of the above

Explanation: Judicial review in India deals with the following aspects:

Legislative action: This means that the court can review the validity and constitutionality of any law or amendment made by the Parliament or the state legislatures, and declare it as null and void, if it is found to be inconsistent or incompatible with the provisions or the basic structure of the constitution. The court can also review the legislative competence of the Parliament or the state legislatures, and determine whether they have the power to make laws on a particular subject, as per the distribution of powers under the constitution.

Judicial decisions: This means that the court can review the correctness and legality of any decision or judgment made by the lower courts or tribunals, and set it aside, modify it, or uphold it, as per the law and the facts of the case. The court can also review its own decisions or judgments, and correct any errors or mistakes, or reconsider any issues, by exercising its review or curative powers.

Administrative actions: This means that the court can review the legality and reasonableness of any action or order made by the executive or its agencies, and quash it, modify it, or uphold it, as per the law and the facts of the case. The court can also review the administrative discretion or policy of the executive or its agencies, and determine whether they have acted in accordance with the law and the constitution, and whether they have abused or exceeded their powers.

46. In India the court will interfere with the discretionary power in the following circumstances-

(A) Failure to exercise discretion

(B) Excess of Discretion

(D) All of above

Answer: (D) All of above

Explanation: Discretionary power is the power or authority given to the executive or its agencies to act or decide on a matter according to their own judgment or choice, within the limits of the law and the constitution. Discretionary power is necessary for the effective and efficient administration of the public affairs, as it allows the executive or its agencies to deal with the complex and dynamic situations that may arise from time to time. However, discretionary power is not absolute or unlimited, and it is subject to judicial review and control. In India, the court will interfere with the discretionary power exercised by the administration in the following circumstances:

Failure to exercise discretion: This means that the court will interfere when the executive or its agencies fail to exercise their discretion, when they are required or expected to do so by the law or the constitution, or when they act mechanically or blindly, without applying their mind or judgment to the matter. The court will direct the executive or its agencies to exercise their discretion in a proper and lawful manner.

Abuse of discretion: This means that the court will interfere when the executive or its agencies exercise their discretion in a mala fide, arbitrary, or irrational manner, or when they act in violation of the fundamental rights, the directive principles, or the principles of natural justice. The court will quash the executive or its agencies’ action as illegal, unreasonable, or unjust, and direct them to act in accordance with the law and the constitution.

47. The meaning of ‘Ombudsman’ is-

(A) An officer of parliament

(B) To protect citizens against abuse of administrative power by executives.

(D) None of the above

Answer: (C) Both A and B

Explanation: An ombudsman is an official, usually appointed by the government or the parliament, who investigates complaints (usually lodged by private citizens) against businesses, financial institutions, universities, government departments, or other public entities, and attempts to resolve the conflicts or concerns raised, either by recommendations (binding or not) or mediation. An ombudsman is also an officer of parliament, as he or she is accountable to the legislature and reports to it periodically. The main function of an ombudsman is to protect citizens against abuse of administrative power by executives, such as corruption, maladministration, violation of human rights, or denial of justice.

48. Where the Institution of Ombudsman originate-

(A) In Sweden

(B) In England

(D) In India

Answer: (A) In Sweden

Explanation: The institution of ombudsman originated in Sweden in 1809, when the Swedish parliament established the office of Justitieombudsman (Justice Ombudsman) to oversee the actions of public officials and ensure their compliance with the laws and the constitution The Swedish model of ombudsman was later adopted by many other countries, such as Finland, Denmark, Norway, New Zealand, India, etc.

49. In India public corporations classified in to the following groups-

(A) Commercial Corporation

(B) Development Corporation

(D) All of the above

Answer: (D) All of the above

Explanation: A public corporation is a form of public enterprise that is wholly owned by the state and is created by a special statute of the legislature, which defines its objectives, powers, duties, and privileges A public corporation is a separate legal entity that can sue and be sued, enter into contracts, and acquire property in its own name. A public corporation is managed by a board of directors appointed by the government, and enjoys functional autonomy and flexibility in its operations. In India, public corporations are classified into the following groups, based on their nature and purpose:

Commercial Corporation: These are public corporations that are engaged in commercial or business activities, such as production, distribution, or marketing of goods and services. They operate on commercial principles and aim to earn profits or surplus. They are subject to market competition and consumer demand. Some examples of commercial corporations in India are Air India, Indian Airlines, Bharat Heavy Electricals Ltd., Oil and Natural Gas Commission, etc.

Development Corporation: These are public corporations that are engaged in developmental or promotional activities, such as providing finance, infrastructure, technical assistance, or guidance to various sectors of the economy. They operate on social welfare principles and aim to promote economic growth and social justice. They are subject to government policies and plans and public interest. Some examples of development corporations in India are Industrial Finance Corporation of India, National Textile Corporation, Tourism Corporation of India, etc

Financial Corporation: These are public corporations that are engaged in financial or monetary activities, such as banking, insurance, investment, or credit. They operate on financial prudence principles and aim to mobilize and allocate financial resources for various purposes. They are subject to financial regulations and norms and financial stability. Some examples of financial corporations in India are Reserve Bank of India, State Bank of India, Life Insurance Corporation of India, Unit Trust of India, etc.

50. In India the status of the employees are-

(A) They are not a civil servant.

(B) They cannot claim the protection of Act311 of the constitution.

(D) None of the above

Answer: (C) Above A and B are true

Explanation: The employees of public corporations in India are not civil servants, as they are not recruited and governed by the civil service rules and regulations. They are recruited and remunerated under the terms and conditions determined by the corporation itself, which may vary from corporation to corporation. They are also not entitled to the protection of Article 311 of the constitution, which safeguards civil servants against arbitrary dismissal, removal, or reduction in rank. They are subject to the disciplinary and service rules of the corporation, which may provide for summary dismissal or removal without any inquiry or opportunity of hearing.

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