Part-3 Important MCQ on ADMINISTRATIVE LAW

Part : 3

Important MCQ on ADMINISTRATIVE LAW

1. The emergence of administrative Law is visible in which century

(A) 17th century

(B) 18th century

(D) 20th century

Answer: (C) 19th century

Explanation: Administrative law emerged as a distinct branch of law in the 19th century, as a response to the growth of state functions and administrative powers. The Industrial Revolution, the rise of democracy, and the expansion of welfare state led to the need for regulating the administrative actions of the government and protecting the rights of the citizens.

2. What are the main reasons for state intervention in socio-economic system.

(A) Industrialization

(B) Economic Plans

(D) All of the above

Answer: (D) All of the above

Explanation: State intervention in socio-economic system is justified by various reasons, such as promoting industrialization, implementing economic plans, managing urbanization, ensuring social justice, providing public goods and services, maintaining law and order, protecting national security, and safeguarding human rights.

3. The main sources of Administrative Law in India is-

(A) Constitution

(B) Judicial Decisions

(D) None of the above

Answer: (C) Both A and B

Explanation: The main sources of administrative law in India are the Constitution and the judicial decisions. The Constitution lays down the basic principles and framework of the administrative system, such as the separation of powers, the rule of law, the fundamental rights, the directive principles, the distribution of legislative and executive powers, and the judicial reviews. The judicial decisions, especially of the Supreme Court and the High Courts, interpret and apply the constitutional provisions and develop the doctrines and principles of administrative law, such as natural justice, reasonableness, legitimate expectation, proportionality, and fairness.

4. What is the important in administrative law.

(A) Public Interest

(B) Construction of Government

(D) Constitution of Administration

Answer: (D) Constitution of Administration

Explanation: The important in administrative law is the constitution of administration, which refers to the structure, organization, functions, and powers of the administrative authorities, such as the President, the Prime Minister, the Cabinet, the Parliament, the Governors, the Chief Ministers, the State Legislatures, the local bodies, the public corporations, the statutory bodies, and the tribunals. The constitution of administration also determines the relationship and accountability of these authorities to each other, to the judiciary, and to the people.

5. “Administrative Law is the law relating to the administration, it determines the Organisation, Powers and duties administrative authorities” who define.

(A) Wade

(B) Prof. Ivor Jennings

(D) Garner

Answer: (B) Prof. Ivor Jennings

Explanation: This definition of administrative law is given by Prof. Ivor Jennings, a British jurist and constitutional expert, in his book The Law and the Constitution (1933). He also added that administrative law includes the law relating to the judicial control of administrative authorities.

6. Which is in the following is the Nature of Administrative law.

(A) Control over the Power of Administrative authority

(B) Remedy for the effected party

(D) None of above

Answer: (C) Both A and B

Explanation: The nature of administrative law is both positive and negative, or empowering and controlling. On the one hand, administrative law confers and defines the powers and duties of the administrative authorities, enabling them to perform their functions effectively and efficiently. On the other hand, administrative law imposes limits and checks on the exercise of these powers and duties, ensuring that they do not violate the rights and interests of the citizens. Administrative law also provides remedies for the aggrieved parties, such as judicial review, appeals, revisions, writs, and ombudsman.

7. The scope of administrative is:

(A) The Principal of Natural Justice.

(B) Tortious Liability of State.

(D) All of above.

Answer: (D) All of above

Explanation: The scope of administrative law is broad and comprehensive, covering various aspects and dimensions of the administrative system. Some of the important topics that fall within the scope of administrative law are:

The principles of natural justice, which are the basic rules of fair hearing and decision-making, such as audi alteram partem (hear the other side), nemo judex in causa sua (no one should be a judge in his own case), and nemo debet esse judex in propria causa (no one should be a judge in his own cause).

The tortious liability of the state, which deals with the civil wrongs committed by the state or its servants in the course of their official duties, and the remedies available to the victims.

The public corporations, which are autonomous bodies created by the statute or the executive order, and perform public functions or services, such as railways, electricity, water, etc.

The delegated legislation, which is the exercise of legislative power by the subordinate authorities, such as the central or state governments, the ministers, the local bodies, or the tribunals, under the authority of the parent act or the constitution.

The judicial review, which is the power of the courts to examine the legality and validity of the administrative actions, and to grant appropriate reliefs, such as writs, injunctions, declarations, or damages.

The administrative tribunals, which are quasi-judicial bodies established by the statute or the constitution, and have the jurisdiction to adjudicate upon the disputes arising from the administrative matters, such as service, taxation, land acquisition, etc.

The ombudsman, which is an independent and impartial officer appointed by the legislature or the executive, and has the power to investigate the complaints of maladministration, corruption, or abuse of power by the public officials, and to recommend corrective measures or sanctions.

8. Which statement is true in the followings:

(A) Parliamentary Supremacy in Ingland.

(B) Supremacy of the constitution in India

(D) Non of the above

Answer: (C) Both A and B true

Explanation: Both statements A and B are true, as they reflect the different constitutional systems of England and India. In England, there is no written or codified constitution, and the Parliament is the supreme law-making body, whose acts cannot be challenged or invalidated by any other authority. This is known as the doctrine of parliamentary supremacy or sovereignty. In India, there is a written and rigid constitution, which is the supreme law of the land, and any law or action that is inconsistent or incompatible with it can be struck down by the courts. This is known as the doctrine of supremacy of the constitution or Constitutionality.

9. Who was the Originator of the concept of ‘Rule of law’.

(A) Sir Edward cock

(B) Prof. Dicey

(D) Maitland

Answer: (B) Prof. Dicey

Explanation: The concept of ‘rule of law’ was originated and popularized by Prof. A.V. Dicey, a British jurist and constitutional scholar, in his book Introduction to the Study of the Law of the Constitution (1885). He defined the rule of law as "the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government". He also identified three meanings or implications of the rule of law, which are:

Supremacy of law, which means that no one is above the law, and everyone is subject to the same law and the same courts, irrespective of their rank or status.

Equality before law, which means that no one is entitled to any special privileges or immunities, and everyone is equal in the eyes of the law, regardless of their class or condition.

Predominance of legal rights, which means that the rights and liberties of the people are derived from the common law or the statutes, and are protected by the ordinary courts, rather than from the constitution or the administrative authorities.

10. According to Dicey The following are the meaning of the ‘Rule of Law’ Doctrine

(A) Supremacy of the law

(B) Equality before law

(D) All of above

Answer: (D) All of above

Explanation: As explained in the previous question, Dicey gave three meanings or implications of the rule of law doctrine, which are:

Supremacy of law
Equality before law
Predominance of legal rights

Therefore, all of the above are correct.

11. The Doctrine of ‘Rule of Law’ was applied in concrete case-

(A) Wilkes V. Wood

(B) Entick V. Carrington

(D) None of the above

Answer: (C) Both A and B

Explanation: The doctrine of ‘rule of law’ was applied in concrete cases by the English courts in the 18th century, when they upheld the rights and freedoms of the individuals against the arbitrary and oppressive actions of the executive. Two of the most famous cases that illustrate this are:

Wilkes v Wood (1763), where the court held that the general warrant issued by the Secretary of State to search and seize the papers of John Wilkes, a radical politician and journalist, was illegal and void, as it violated the principle of specificity and certainty of the law, and awarded him heavy damages for trespass and false imprisonment.

Entick v Carrington (1765), where the court held that the breaking and entering of the house of John Entick, a pamphleteer and critic of the government, by the King’s messengers, and the seizure of his books and papers, was unlawful and unjustified, as it infringed the right of property and privacy, and declared that "every invasion of private property, be it ever so minute, is a trespass".

12. In which Legal System ‘Droit Administrative’ Administratif is found.

(A) French Legal System

(B) American Legal System

(D) Indian Legal System

Answer: (A) French Legal System

Explanation: Droit administratif or administrative law is a distinctive feature of the French legal system, which originated in the Napoleonic era, and evolved over time. It is based on the principle of separation of powers, which divides the public administration from the judiciary, and creates a special set of rules and courts to deal with the administrative matters. The administrative law is derived from the decrees of the executive, the jurisprudence of the administrative courts, and the opinions of the Conseil d’Etat, the supreme administrative court and advisory body. The administrative law is characterized by the recognition of the prerogatives of the public power, such as the power of unilateral action, the power of expropriation, the power of police, and the power of sanction, as well as the protection of the public interest and the individual rights, such as the principle of legality, the principle of equality, the principle of proportionality, and the principle of liability .

13. The modern concept of ‘Rule of Law’ is-

(A) Law and Order

(B) Fixed Rules

(D) All of above

Answer: (D) All of above

Explanation: The modern concept of ‘rule of law’ is not limited to the classical meaning given by Dicey, but encompasses various dimensions and aspects, such as law and order, fixed rules, elimination of discretion, accountability, transparency, participation, human rights, democracy, and constitutionalism. The rule of law implies that the government and its officials are bound by the law, and that the law is clear, certain, consistent, accessible, and predictable. The rule of law also implies that the law is applied equally and impartially, and that the people have effective remedies and access to justice

14. In which Country the maxim “The King can do no wrong” apply-

(A) England

(B) America

(D) India

Answer: (A) England

Explanation: The maxim “The King can do no wrong” or “The King is not answerable for any act done by him” is a part of the English common law, which reflects the ancient doctrine of sovereign immunity. According to this doctrine, the Crown or the State cannot be sued in its own courts, and cannot be held liable for any wrongs committed by itself or its servants. This doctrine is based on the feudal notion that the King is the fountain of justice, and the legal fiction that the King can do no wrong.

15. Which case law popularly known as the “Habeas Corpus” case-

(A) Indira Nehru Gandhi V. Rajnarain

(B) A. D. M. Jabalpur V. Shivakant Shukla

(D) Air India Vs Nargesh Meerza.

Answer: (B) A. D. M. Jabalpur V. Shivakant Shukla

Explanation: The case of A. D. M. Jabalpur v. Shivakant Shukla, also known as the Habeas Corpus case, is one of the most controversial and criticized judgments of the Supreme Court of India. The case arose during the Emergency period (1975-1977), when several political leaders and activists were detained without trial under the Maintenance of Internal Security Act (MISA). The detainees filed writ petitions for habeas corpus, challenging the legality of their detention. The Supreme Court, by a majority of 4:1, held that the right to move any court for the enforcement of the right to personal liberty under Article 21 of the Constitution was suspended during the Emergency, and that the courts could not inquire into the grounds of detention or grant any relief. The dissenting judge, Justice H. R. Khanna, upheld the primacy of the rule of law and the basic rights of the citizens, and observed that "without such sanctity of life and liberty, the distinction between a lawless society and one governed by laws would cease to have any meaning"

16. How many main Organs of the Government?

(A) Legislative

(B) Executive

(D) All of above

Answer: (D) All of above

Explanation: The government consists of three main organs, namely, the legislative, the executive, and the judiciary. The legislative organ is the law-making body, which enacts the laws and represents the will of the people. The executive organ is the law-enforcing body, which implements and administers the laws and policies of the government. The judiciary organ is the law-interpreting body, which adjudicates the disputes and protects the rights and liberties of the people. The three organs of the government are based on the principle of separation of powers, which aims to prevent the concentration and abuse of power in any one organ, and to ensure the checks and balances among them .

17. Who for the first time formulated the principle of ‘Seperation of Power’-

(A) Montesquieu

(B) Plato

(D) John Bodin

Answer: (A) Montesquieu

Explanation: The principle of separation of powers was first formulated and popularized by Montesquieu, a French philosopher and jurist, in his book The Spirit of the Laws (1748). He observed that the political liberty of the people could be preserved only if the three functions of the government, namely, the legislative, the executive, and the judicial, were assigned to different organs or persons, and that each organ acted independently and within its own sphere. He also advocated for a system of checks and balances among the three organs, to prevent the tyranny of one over the others. He drew his inspiration from the constitutional system of England, which he considered as the best model of separation of powers .

18. Who is the author of the famous book “The Spirite of the Law”.

(A) Lord Atkin

(B) Wade

(D) locke

Answer: (C) Montesquieu

Explanation: As mentioned in the previous question, the author of the famous book The Spirit of the Laws is Montesquieu, who wrote it in 1748. The book is considered as one of the most influential works of political philosophy and jurisprudence, as it laid the foundation for the modern theory of constitutionalism, separation of powers, democracy, and human rights. The book also explored the various types of governments, such as monarchy, republic, and despotism, and the factors that influenced their nature and functioning, such as climate, religion, culture, and history .

19. Every power tends to corrupt and absolute power tends to corrupt absolutely” who said the statement.

(A) Lord Acton

(B) Locke

(D) Friedman

Answer: (A) Lord Acton

Explanation: The statement “Power tends to corrupt, and absolute power corrupts absolutely” is attributed to Lord Acton, a British historian and politician, who wrote it in a letter to Bishop Mandell Creighton in 1887. The statement expresses the idea that the more power a person or an institution has, the more likely they are to abuse it for their own interests, and that the only way to prevent corruption is to limit and control the power. The statement is often quoted as a warning against the dangers of dictatorship, totalitarianism, and authoritarianism .

20. Who is the Head of Executive in India-

(A) Prime Minister

(B) President

(D) Chief Minister

Answer: (B) President

Explanation: The head of the executive in India is the President, who is the constitutional head of the state and the supreme commander of the armed forces. The President is elected indirectly by an electoral college consisting of the elected members of both Houses of Parliament and the elected members of the Legislative Assemblies of the States and the Union Territories. The President holds office for a term of five years, and can be re-elected for one more term. The President exercises his executive powers on the aid and advice of the Prime Minister and the Council of Ministers, who are collectively responsible to the Lok Sabha. The President also has some discretionary and emergency powers, such as appointing the Prime Minister, dissolving the Lok Sabha, granting pardons, declaring national emergency, state emergency, or financial emergency .

21. What is the main functions of Judiciary-

(A) Enforcement of Law

(B) Interpretation of Law

(D) Fixation of Tax

Answer: (B) Interpretation of Law

Explanation: The main function of the judiciary is the interpretation of law, which means that the judiciary determines the meaning, scope, and application of the laws enacted by the legislature or the executive, and resolves the disputes arising from them. The judiciary also performs other functions, such as:

Enforcement of law, which means that the judiciary ensures that the laws are obeyed and implemented by the government and the citizens, and that the violators are punished or penalized.

Law making, which means that the judiciary creates new rules or principles of law through its judgments or precedents, especially in the areas where the existing laws are silent, ambiguous, or inadequate.

Fixation of tax, which means that the judiciary decides the validity and legality of the taxes imposed by the government, and settles the disputes related to the assessment and collection of taxes.

22. Mainly how many kinds of Laws-

(A) Formal Law

(B) Unformal Law

(D) None of above

Answer: (C) Above A & B

Explanation: Laws can be mainly classified into two kinds, namely, formal law and informal law. Formal law is the law that is enacted by the competent authority, such as the legislature or the executive, and is enforced by the state through the courts and the police. Formal law is also known as positive law, statutory law, or written law. Informal law is the law that is derived from the customs, traditions, morals, or religion of the people, and is followed by them voluntarily or by social pressure. Informal law is also known as customary law, natural law, or unwritten law.

23. The Doctrine of ‘Seperation of Power’ has not been accepted in India in its strict sense. The statement is-

(A) True

(B) Not True

(D) None of above

Answer: (A) True

Explanation: The doctrine of separation of power, which requires that the three organs of the government, namely, the legislative, the executive, and the judiciary, should be separate and independent from each other, and should not encroach upon the functions or powers of the other, has not been accepted in India in its strict or rigid sense. The Constitution of India does not provide for a complete separation of powers, but rather a system of checks and balances among the three organs. The Constitution also envisages a close relationship and coordination among the three organs, and allows for some degree of overlap or intermingling of their functions or powers. For example, the President, who is the head of the executive, is also a part of the Parliament, which is the legislative organ. The Parliament can also exercise judicial functions, such as impeachment of the President or the judges. The executive can also make laws through delegated legislation or ordinances. The judiciary can also review the validity of the laws made by the legislature or the executive.

24. What are the reasons for the growth of delegated Legislation.

(A) Pressure of legislative function

(B) Flexibility

(D) All of above

Answer: (D) All of above

Explanation: Delegated legislation, which is the exercise of legislative power by the subordinate authorities, such as the central or state governments, the ministers, the local bodies, or the tribunals, under the authority of the parent act or the constitution, has grown considerably in the modern times, due to various reasons, such as:

Pressure of legislative function, which means that the legislature is overburdened with the volume and complexity of the legislation, and cannot cope with the details and technicalities of every subject matter. Therefore, it delegates some of its power to the executive or other agencies, who have more expertise and experience in the specific fields.

Flexibility, which means that the delegated legislation can be easily amended or modified to suit the changing needs and circumstances, without going through the lengthy and cumbersome process of passing a new act or amending the existing one.

Emergency, which means that the delegated legislation can be made quickly and effectively to deal with the situations of urgency or crisis, such as war, pandemic, natural disaster, etc., where the legislature may not be in session or may not have enough time to enact a law.

25. The example of Delegated legislation are-

(A) Order

(B) Directions

(D) None of the above

Answer: (C) Both A & B

Explanation: Delegated legislation can take various forms, such as rules, regulations, orders, directions, notifications, bye-laws, schemes, etc. Some examples of delegated legislation are:

Order, which is a command or instruction issued by an authority to a person or a class of persons, to do or not to do something. For example, the lockdown order issued by the government to prevent the spread of Covid-19.

Directions, which are guidelines or instructions issued by an authority to another authority or a person, to regulate or control their conduct or action. For example, the directions issued by the Reserve Bank of India to the banks regarding the interest rates or the loan moratorium.

26. Donoughomore committee referred to committee on minister belongs to which country.

(A) America

(B) England

(D) India

Answer: (B) England

Explanation: The Donoughmore committee was a committee appointed by the British government in 1929 to inquire into the functions of the ministers and the relations between the ministers and the Parliament. The committee was chaired by Lord Donoughmore, and hence named after him. The committee submitted its report in 1932, which made several recommendations on the reform of the ministerial system, such as the creation of a Cabinet Secretariat, the establishment of select committees, the regulation of delegated legislation, and the improvement of parliamentary control.

27. In U. S. A. the delegated Legislation is not accepted because of the reason-

(A) Separation of Power

(B) Delegates non posted delegare

(D) None of the above

Answer: (C) Both A & B

Explanation: In the U.S.A., the delegated legislation is not accepted or recognized as a valid source of law, because of two main reasons:

Separation of power, which means that the three branches of the government, namely, the legislative, the executive, and the judicial, should be separate and independent from each other, and should not exercise the functions or powers of the other. The U.S. Constitution vests the legislative power in the Congress, and does not allow it to delegate or transfer its power to any other branch or agency. Therefore, any law made by the executive or the administrative authorities is considered as unconstitutional and invalid.

Delegates non potest delegare, which means that the delegate cannot further delegate or sub-delegate the power conferred upon him. This is a principle of agency law, which implies that the agent or the representative cannot authorize another person to act on his behalf, unless he has the express or implied consent of the principal or the original authority. Therefore, any law made by the subordinates or the sub-delegates of the executive or the administrative authorities is considered as ultra vires and void.

28. Which Leading case related to delegated legislation of Pre constitutional Period-

(A) Queen V. Burah

(B) Delhi Laws Act case

(D) Mohari Bibi V. Dharmodash

Answer: (A) Queen V. Burah

Explanation: The leading case related to delegated legislation of pre-constitutional period is Queen v. Burah (1878), which was decided by the Privy Council, the highest court of appeal for the British colonies. The case involved the validity of the Act XXII of 1869, which empowered the Governor General of India to extend or withdraw the application of the general laws to certain districts of Assam, known as the Garo Hills. The Privy Council upheld the validity of the Act, and held that it was not a delegation of legislative power, but a conditional legislation, which authorized the executive to apply or suspend the laws according to the circumstances. The Privy Council also recognized the necessity and convenience of the delegated legislation, and observed that “the Legislature entrusts to others the duty of bringing into operation the laws which it has itself made, in order to secure that they shall be brought into operation at the right time and under the right circumstances” .

29. The power to repeal a Law can delegated-

(A) Yes

(B) No

(D) None of the above

Answer: (B) No

Explanation: The power to repeal a law cannot be delegated, as it is an essential legislative function, which belongs exclusively to the legislature. The power to repeal a law means the power to abrogate or annul a law that is already in force, and to restore the legal position as if the law had never been enacted. This power involves the exercise of discretion and policy, and affects the rights and obligations of the people. Therefore, the power to repeal a law cannot be entrusted to the executive or the administrative authorities, who are only authorized to implement or administer the laws made by the legislature .

30. Is the conditional delegated Legislation permissible-

(A) Yes

(B) No

(D) None of the above

Answer: (A) Yes

Explanation: The conditional delegated legislation is permissible, as it is not a true delegation of legislative power, but a conditional legislation, which empowers the executive or the administrative authorities to bring into operation or suspend the laws made by the legislature, subject to certain conditions or contingencies. The conditional delegated legislation does not involve the making of new laws or rules, but only the application or enforcement of the existing laws or rules, according to the circumstances or situations. The conditional delegated legislation is justified by the need for flexibility and adaptability, and the impossibility for the legislature to foresee or provide for all the eventualities or variations .

31. Whether the essential legislative functions can be delegated-

(A) Yes

(B) No

(D) Sometimes

Answer: (B) No

Explanation: The essential legislative functions cannot be delegated, as they are the inherent and exclusive functions of the legislature, which cannot be transferred or entrusted to any other authority or agency. The essential legislative functions include the power to make, amend, or repeal the laws, the power to determine the policy and the purpose of the laws, the power to lay down the general principles and norms of the laws, and the power to affect the rights and obligations of the people. The delegation of the essential legislative functions would amount to the abdication or surrender of the legislative power, and would violate the principle of separation of powers and the rule of law .

32. Under the Act 245 and 246 the power of legislation given to-

(A) The Parliament

(B) The State Legislation

(D) None of the above

Answer: (C) Both A & B

Explanation: Under the Articles 245 and 246 of the Constitution of India, the power of legislation is given to both the Parliament and the State Legislatures, subject to the distribution of legislative subjects and the supremacy of the Constitution. Article 245 provides that the Parliament can make laws for the whole or any part of the territory of India, and the State Legislatures can make laws for the whole or any part of the State. Article 246 provides that the legislative subjects are divided into three lists, namely, the Union List, the State List, and the Concurrent List. The Parliament has exclusive power to make laws on the subjects in the Union List, the State Legislatures have exclusive power to make laws on the subjects in the State List, and both the Parliament and the State Legislatures have concurrent power to make laws on the subjects in the Concurrent List. However, in case of any conflict or inconsistency between the laws made by the Parliament and the State Legislatures, the laws made by the Parliament shall prevail, and the laws made by the State Legislatures shall be void to the extent of the repugnancy .

33. Under which Art. of the constitution of India the definition of Law provided-

(A) Art. 13

(B) Art. 19

(D) Art. 32

Answer: (A) Art. 13

Explanation: Article 13 of the Constitution of India provides the definition of law for the purpose of judicial review and fundamental rights. It states that “law” includes any ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law1. It also declares that any law that is inconsistent with or in derogation of the fundamental rights shall be void to the extent of such inconsistency or derogation.

34. What is the extent of delegated legislation-

(A) It must not be constitutional

(B) It must be excessive delegation

(D) None of above

Answer: (D) None of above

Explanation: The extent of delegated legislation is not determined by any of the given options, but by the scope and limits of the parent act or the constitution, which confers the power of delegation. The delegated legislation must be constitutional, which means that it must not violate the provisions or principles of the constitution, such as the fundamental rights, the rule of law, the separation of powers, etc. The delegated legislation must not be excessive delegation, which means that it must not involve the transfer of essential legislative functions or policy matters to the subordinate authorities, and that it must be subject to adequate safeguards and controls. The delegated legislation must also be reasonable, which means that it must not be arbitrary, irrational, or oppressive, and that it must be based on relevant and sufficient grounds.

35. What do you know about Henery clause-III.

(A) This is a book.

(B) This is a place

(D) This is a Law of parliament.

Answer: (C) An example of delegated legislation

Explanation: A Henry clause or a Henry VIII clause is an example of delegated legislation, which empowers the executive or the administrative authorities to amend or repeal the provisions of an act of Parliament by issuing orders or regulations, without the need for further parliamentary approval. Such clauses are named after King Henry VIII of England, who was notorious for his autocratic and tyrannical rule, and who obtained the power to legislate by proclamation from the Parliament in 15392. A Henry clause is usually justified by the need for flexibility and efficiency, but it is also criticized for undermining the parliamentary sovereignty and democracy.

36. The control over delegated legislation must be introduced at following stages.

(A) At the source

(B) At the misuse of power

(D) No any stages

Answer: (C) At above A & B stages

Explanation: The control over delegated legislation must be introduced at both the source and the misuse of power stages. The source stage refers to the stage of conferring the power of delegation, which is done by the parent act or the constitution. The parent act or the constitution must lay down the scope, limits, and conditions of the delegation, and provide for the safeguards and checks to prevent the abuse or misuse of the delegated power. The misuse of power stage refers to the stage of exercising the power of delegation, which is done by the subordinate authorities. The subordinate authorities must act within the bounds and guidelines of the delegation, and must be accountable and answerable for their actions. The misuse of power can be challenged and controlled by various means, such as legislative scrutiny, judicial review, public participation, etc.

37. Control over the delegated legislation may be divided in to following categories.

(A) Legislative control

(B) Judicial control

(D) All of the above

Answer: (D) All of the above

Explanation: The control over the delegated legislation may be divided into three main categories, namely, legislative control, judicial control, and procedural control. Legislative control means the control exercised by the Parliament or the State Legislatures over the delegated legislation, by means of laying down the principles and policies of the delegation, requiring the publication and tabling of the delegated legislation, passing resolutions or motions to annul or modify the delegated legislation, appointing committees to scrutinize and report on the delegated legislation, etc. Judicial control means the control exercised by the courts over the delegated legislation, by means of reviewing the validity and legality of the delegated legislation, and granting appropriate reliefs or remedies to the aggrieved parties, such as writs, injunctions, declarations, or damages. Procedural control means the control exercised by the procedural requirements and formalities that must be followed by the subordinate authorities while making the delegated legislation, such as consultation, notification, publication, registration, etc.

38. A delegated legislation may be held invalid on the ground of-

(A) Unreasonable

(B) Retrospective effect

(D) None of the above

Answer: (C) On the ground of above A & B

Explanation: A delegated legislation may be held invalid on the ground of unreasonableness or retrospective effect, or both. Unreasonableness means that the delegated legislation is arbitrary, irrational, oppressive, or disproportionate, and that it violates the principles of natural justice, fairness, or public interest. Retrospective effect means that the delegated legislation applies to the past events or situations, and affects the existing rights or obligations of the people. Both unreasonableness and retrospective effect are the grounds for challenging the validity of the delegated legislation before the courts, and the courts may declare the delegated legislation as ultra vires or void, if they find that it is unreasonable or retrospective.

39. Exclusion of Judicial review is impact on Delegated Legislation as-

(A) The Delegated Legislation invalid.

(B) The delegated Legislation valid.

(D) None of above

Answer: (A) The Delegated Legislation invalid.

Explanation: The exclusion of judicial review is the impact on delegated legislation as it renders the delegated legislation invalid. Judicial review is the power of the courts to examine the legality and validity of the delegated legislation, and to grant appropriate reliefs or remedies to the aggrieved parties. Judicial review is an essential safeguard and check on the delegated legislation, as it ensures that the subordinate authorities do not abuse or misuse their delegated powers, and that they act within the bounds and guidelines of the parent act or the constitution. The exclusion of judicial review means that the delegated legislation cannot be challenged or questioned by the courts, and that the people have no recourse or redress against the arbitrary or unlawful actions of the subordinate authorities. The exclusion of judicial review is against the principle of rule of law and the doctrine of separation of powers, and hence, it is unconstitutional and invalid.

40. If the delegated Legislation against the fundamental rights then-

(A) The Delegated legislation valid.

(B) The Delegated legislation invalid.

(D) None of the above

Answer: (B) The Delegated legislation invalid.

Explanation: If the delegated legislation is against the fundamental rights, then the delegated legislation is invalid. The fundamental rights are the basic and inalienable rights of the people, which are guaranteed and protected by the Constitution of India. The fundamental rights include the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the cultural and educational rights, and the right to constitutional remedies. The delegated legislation, like any other law, must conform to and respect the fundamental rights, and must not violate or infringe them. If the delegated legislation is inconsistent with or in derogation of the fundamental rights, then it is void to the extent of such inconsistency or derogation, as per Article 13 of the Constitution. The people can invoke the writ jurisdiction of the Supreme Court or the High Courts under Article 32 or Article 226, respectively, to enforce their fundamental rights and to challenge the validity of the delegated legislation.

41. Dwarka Prasad V State of U. P. related to-

(A) Unconstitionality of Delegated legislation

(B) Sub-delegation

(D) Retrospective effect

Answer: (B) Sub-delegation

Explanation: Dwarka Prasad v State of U.P. (1954) is a landmark case related to sub-delegation of legislative power. Sub-delegation means the further delegation or transfer of the delegated power by the original delegate to another authority or person. Sub-delegation is generally prohibited by the principle of delegates non potest delegare, which means that the delegate cannot further delegate the power conferred upon him, unless he has the express or implied consent of the principal or the original authority. In this case, the U.P. Coal Control Order, 1953, which was issued by the State Government under the Essential Supplies (Temporary Powers) Act, 1946, empowered the State Coal Controller to delegate his powers to any officer subordinate to him. The State Coal Controller delegated his power to grant or refuse licences for the sale of coal to the District Magistrate, who in turn delegated it to the Sub-Divisional Officer. The Supreme Court held that the sub-delegation by the District Magistrate was invalid and ultra vires, as the State Coal Controller had no power to authorize him to sub-delegate his power. The Supreme Court also observed that the sub-delegation of legislative power is permissible only if the parent act or the constitution expressly or impliedly allows it, and that the sub-delegate must act in accordance with the policy and the guidelines laid down by the parent act or the delegate.

42. An action which is ultra-vires, then-

(A) Without Jurisdiction

(B) Nul and void

(D) All of the above are true

Answer: (D) All of the above are true

Explanation: An action which is ultra-vires, then it is without jurisdiction, null and void, and without any legal impact. Ultra-vires means beyond the powers or in excess of the powers. An action which is ultra-vires is an action which is done by an authority or a person without having the legal power or authority to do so, or which is done in violation or contravention of the law or the constitution. An action which is ultra-vires is without jurisdiction, which means that the authority or the person who does the action has no legal right or competence to do so, and that the action is invalid and illegal. An action which is ultra-vires is null and void, which means that the action has no legal force or effect, and that it is deemed to be non-existent or never done. An action which is ultra-vires is without any legal impact, which means that the action does not create any rights or obligations for the parties involved, and that it does not affect the legal position or status of the parties. An action which is ultra-vires can be challenged and quashed by the courts, and the aggrieved parties can claim appropriate reliefs or remedies.

43. The following are requirements of procedural control over Delegated legislation-

(A) Publication

(B) Consultation

(D) None of the above

Answer: (C) Both A and B

Explanation: The following are requirements of procedural control over delegated legislation: publication and consultation. Procedural control means the control exercised by the procedural requirements and formalities that must be followed by the subordinate authorities while making the delegated legislation. Procedural control aims to ensure that the delegated legislation is made in a proper and lawful manner, and that it is accessible and transparent to the public. Publication and consultation are two important aspects of procedural control, which are:

Publication, which means that the delegated legislation must be published or notified in the official gazette or the newspaper, or registered in the statutory register, or laid before the Parliament or the State Legislature, or made available to the public in any other suitable way. Publication is necessary to inform the public about the existence and the contents of the delegated legislation, and to make it effective and enforceable from the date of publication.

Consultation, which means that the subordinate authorities must consult or seek the opinions or suggestions of the concerned or affected parties or interests, such as the experts, the stakeholders, the representatives, the public, etc., before making the delegated legislation. Consultation is necessary to ensure that the delegated legislation is based on relevant and sufficient grounds, and that it reflects the needs and views of the people.

44. Judicial control over delegated legislative are following-

(A) Principle of ultra-vires

(B) Writ of Mandamus

(D) None of the above

Answer: (C) Both A and B

Explanation: Judicial control over delegated legislation are following:

Principle of ultra-vires, which means that the courts can review the validity and legality of the delegated legislation, and declare it as ultra vires or void, if it is beyond the powers or in excess of the powers conferred by the parent act or the constitution, or if it violates any fundamental right or any other provision or principle of law.

Writ of mandamus, which means that the courts can issue a writ of mandamus, which is a command or order to the subordinate authorities to perform their duty or to refrain from doing something unlawful, in relation to the delegated legislation. For example, the courts can issue a writ of mandamus to compel the publication of the delegated legislation, or to quash the delegated legislation that is unreasonable or mala fide.

45. The publication of Law why necessery-

(A) It take effect from the date of publication.

(B) This is mandatary for Law.

(D) All of above

Answer : (D) All of above

Explanation: The publication of law is necessary for the following reasons:

It takes effect from the date of publication, which means that the law becomes effective and enforceable from the date of its publication or notification in the official gazette or the newspaper, or from the date specified in the law itself. The publication of law gives legal certainty and clarity to the law, and prevents any confusion or dispute about its commencement or applicability.

It is mandatory for law, which means that the law must be published or notified as per the requirement of the parent act or the constitution, or as per the general principle of law. The publication of law is a condition precedent for the validity and legality of the law, and the failure to publish or notify the law may render it invalid or ineffective.

It is for the cognizance of all, which means that the law must be made known and accessible to the public, who are bound by the law and affected by the law. The publication of law is a means of informing and educating the public about their rights and obligations under the law, and enabling them to comply with the law or to challenge the law.

46. In India consultation which fall under the following heads-

(A) Official consultation

(B) Consultation with statutory bodies

(D) All of the above

Answer: (D) All of the above

Explanation: In India, consultation which fall under the following heads are:

Official consultation, which means that the subordinate authorities must consult or seek the opinions or suggestions of the other official authorities or departments, who are concerned or interested in the subject matter of the delegated legislation, or who have the expertise or experience in the relevant field. For example, the Central Government must consult the State Governments before making rules under the Essential Commodities Act, 1955.

Consultation with statutory bodies, which means that the subordinate authorities must consult or seek the opinions or suggestions of the statutory bodies or committees, who are created or established by the parent act or the constitution, and who have the function or power to advise or regulate the delegated legislation. For example, the Central Government must consult the Central Advisory Board before making rules under the Minimum Wages Act, 1948.

Consultation with advisory bodies, which means that the subordinate authorities must consult or seek the opinions or suggestions of the advisory bodies or councils, who are appointed or constituted by the executive or the administrative authorities, and who have the role or duty to assist or guide the delegated legislation. For example, the Central Government must consult the Central Council of Indian Medicine before making regulations under the Indian Medicine Central Council Act, 1970.

47. What is the object of the legislative control over Delegated legislation?

(A) To keep watch over the rule making authority.

(B) To provide an opportunity to criticised then if these is abuse of power on their part.

(D) None of the above

Answer: (C) Both A & B

Explanation: The object of the legislative control over delegated legislation is to keep watch over the rule making authority and to provide an opportunity to criticize them if there is abuse of power on their part. Legislative control means the control exercised by the Parliament or the State Legislatures over the delegated legislation, by means of laying down the principles and policies of the delegation, requiring the publication and tabling of the delegated legislation, passing resolutions or motions to annul or modify the delegated legislation, appointing committees to scrutinize and report on the delegated legislation, etc. Legislative control aims to ensure that the subordinate authorities do not exceed or misuse their delegated powers, and that they act in accordance with the parent act or the constitution. Legislative control also aims to ensure that the delegated legislation is consistent with the public interest and the democratic values, and that it is subject to the parliamentary debate and criticism.

48. Parliamentary control can be effectively exercised by-

(A) Laying on Table

(B) By Scrutiny Committees.

(D) None of the above.

Answer: (C) By Both A and B of above.

Explanation: Parliamentary control can be effectively exercised by laying on table and by scrutiny committees. Laying on table means that the delegated legislation must be placed before the Parliament or the State Legislature for a specified period of time, during which the members can examine and discuss the delegated legislation, and pass resolutions or motions to approve, disapprove, or amend the delegated legislation. Laying on table can be of two types: affirmative resolution, which means that the delegated legislation must be approved by the Parliament or the State Legislature before it becomes effective, and negative resolution, which means that the delegated legislation becomes effective unless it is disapproved by the Parliament or the State Legislature within the specified period. Scrutiny committees are the committees appointed by the Parliament or the State Legislature to scrutinize and report on the delegated legislation, and to suggest any changes or improvements. Scrutiny committees can be of two types: general committees, which examine all the delegated legislation, and special committees, which examine specific types or subjects of delegated legislation.

49. In India statute contain following methods of laying of delegated legislation-

(A) Mere Publication of Rules in official Gazette.

(B) Laying on the table

(D) All of the above

Answer: (D) All of the above

Explanation: In India, statutes contain the following methods of laying of delegated legislation: mere publication of rules in official gazette, laying on the table, and same statute allowed modification by parliament. Mere publication of rules in official gazette means that the delegated legislation must be published or notified in the official gazette, which is the official journal of the government, and that no further parliamentary approval or scrutiny is required. Laying on the table means that the delegated legislation must be placed before the Parliament or the State Legislature for a specified period of time, during which the members can examine and discuss the delegated legislation, and pass resolutions or motions to approve, disapprove, or amend the delegated legislation. Same statute allowed modification by parliament means that the parent act itself empowers the Parliament or the State Legislature to modify or amend the delegated legislation by passing another act or law.

50. What are the consequences of failure to lay-

(A) If the laying is condition precedent then mandatory.

(B) In case of negative clause the provision of laying is generaly construed as directory.

(D) None of the above

Answer: (C) All of the above

Explanation: The consequences of failure to lay are as follows:

If the laying is condition precedent then mandatory, which means that the delegated legislation must be laid before the Parliament or the State Legislature before it becomes effective or enforceable, and that the failure to lay renders the delegated legislation invalid or ineffective. This is usually the case for the affirmative resolution procedure, where the delegated legislation requires the parliamentary approval before it becomes operative.

In case of negative clause the provision of laying is generally construed as directory, which means that the delegated legislation becomes effective or enforceable as soon as it is made or published, and that the failure to lay does not affect its validity or legality. This is usually the case for the negative resolution procedure, where the delegated legislation requires the parliamentary disapproval to be annulled or modified.

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