Important Administrative Law Question MCQ with Explanation.
1. The main reason for the growth of Administrative Law is:
(A) Growth in science and technology
(B) Inadequate courts
(C) Limitation of time, technicality and quick action
(D) All of the above
Answer- (D) All of the above.
Explanation: Administrative law is the law that governs the administrative actions of the government and its agencies. It has grown due to various factors, such as the growth in science and technology, which has increased the need for regulation and expertise; the inadequacy of courts, which are often slow, expensive, and formal; and the limitation of time, technicality, and quick action, which require flexible and efficient administration.
2. Who wrote ‘The Spirit of Laws’?
(A) Dicey
(B) Montesquieu
(C) Hewart
(D) Denning
Answer- (B) Montesquieu.
Explanation: The Spirit of Laws is a treatise on political theory and comparative law by the French philosopher Montesquieu, published in 1748. It is one of the most influential works in the history of political thought and jurisprudence. It explores the principles of different forms of government, the relation between laws and various factors such as climate, religion, and commerce, and the concept of separation of powers.
3. Which hinders the growth of administrative law in England?
(A) Rule of Law
(B) Separation of Powers
(C) Doctrine of Ultra-vires
(D) Supremacy of Parliament
Answer- (A) Rule of Law.
Explanation: The rule of law is a principle that the law applies equally to everyone and that no one is above the law. It is one of the core values of the English constitution and legal system. However, it also hinders the growth of administrative law in England, as it limits the discretion and power of the executive and the administrative authorities. It also emphasizes the supremacy of the courts and the judicial review of administrative actions, which may constrain the efficiency and flexibility of administration.
4. “Introduction to the Law of Constitution” is written by:
(A) Hewart
(B) Dicey
(C) Blackstone
(D) None of the above
Answer- Introduction to the Law of Constitution” is written by: (B) Dicey.
Explanation: Introduction to the Law of the Constitution is a book by the British jurist A.V. Dicey, first published in 1885. It is a classic work on the nature and sources of the English constitution and the doctrine of parliamentary sovereignty. It also discusses the concept of the rule of law and the role of conventions in the constitution. It is widely regarded as a seminal text in constitutional law and political science.
5. Which of the following is derived from “La Principe de legalite”?
(A) Rule of Law
(B) Separation of Powers
(C) Doctrine of Reasonableness
(D) None of the above
Answer (A) Rule of Law
Explanation: The term “rule of law” is derived from the French phrase “la principe de legalite”, which means the principle of legality. It refers to a government based on principles of law and not of men, and opposed to arbitrary powers.
6. What was the theme of the New Delhi congress (1959)?
(A) Rule of Law in the World
(B) Rule of Law in a Free society
(C) Rule of Law and World
(D) Rule of Law and Human Rights
Answer (B) Rule of Law in a Free society
Explanation: The New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries, united as the International Commission of Jurists, that took place in New Delhi, India in 1959. The theme of the New Delhi Congress was “The Rule of Law in a Free Society”. The Congress further developed the principles and procedures underlying the rule of law and clarified the concept itself.
7. The participants in the New Delhi congress____________ were from countries.
(A) 25
(B) 35
(C) 52
(D) 53
Answer (D) 53
Explanation: According to the Declaration of Delhi, the New Delhi Congress consisted of 185 judges, practising lawyers and teachers of law from 53 countries.
8. “The New Despotism” is written by:
(A) Crossman
(B) Lord Hewart
(C) Peter Roth
(D) Midland
Answer (B) Lord Hewart
Explanation: The New Despotism is a book written by Lord Hewart, Lord Chief Justice of England, and published in 1929. Hewart described this “new despotism” as “to subordinate Parliament, to evade the Courts, and to render the will, or the caprice, of the Executive unfettered and supreme”. He criticized the increasing quasi-judicial decision-making by the civil service and the growth of delegated legislation.
9. Which case is popularly known as “Habeas corpus” case?
(A) Adams Vs. Naylor
(B) Ajay Kumar Vs. Union of India
(C) ADM Jabalpur Vs. Shivakant Shukla
(D) A.K. Gopalan Vs. State of Madras
Answer (C) ADM Jabalpur Vs. Shivakant Shukla
Explanation: This case, also known as the Additional District Magistrate of Jabalpur v. Shivakant Shukla case, is one of the most controversial and infamous cases in the history of the Indian judiciary. It was decided by a five-judge bench of the Supreme Court during the Emergency period in 1976. The main issue in this case was whether the writ of habeas corpus can be suspended during the proclamation of emergency under Article 359 of the Constitution. The majority of the judges (four out of five) held that the right to move any court for the enforcement of the right to life and personal liberty under Article 21 is suspended during the emergency and no person can claim any relief against illegal detention. The only dissenting judge was Justice H.R. Khanna, who upheld the primacy of the rule of law and the basic structure of the Constitution. He argued that the writ of habeas corpus is a bulwark of individual liberty and cannot be denied even in times of emergency. He also observed that Article 21 is not the sole repository of the right to life and personal liberty and that the absence of Article 21 does not mean the absence of the rule of law. This case is widely regarded as a blot on the Indian judiciary and a violation of the fundamental rights of the citizens.
10. Rule of Law is a basic structure of the Indian constitution. This statement is:
(A) Correct
(B) Incorrect
(C) Partly correct
(D) Partly incorrect
Answer (A) Correct
Explanation: The doctrine of basic structure is a judicial innovation that limits the power of the Parliament to amend the Constitution in a way that affects its core principles and values. The Supreme Court has held in several landmark judgments that the rule of law is one of the essential features of the basic structure of the Constitution and cannot be abrogated or altered even by a constitutional amendment. The rule of law implies that the government must act according to the law and not arbitrarily, that the law applies equally to everyone and no one is above the law, and that the rights and liberties of the citizens are protected by the courts and the Constitution. The rule of law is also a part of the preamble of the Constitution, which declares India to be a sovereign, socialist, secular, democratic republic. The rule of law is thus a basic and fundamental necessity for a disciplined and organised society.
11. The modern concept of Rule of Law is developed by:
(A) UDHR, 1948
(B) Delhi declaration, 1959
(C) Rio-Summit
(D) None of the above
Answer (B) Delhi declaration, 1959
Explanation: The modern concept of the rule of law, as established by the international commission of jurists in the Delhi Declaration of 1959, is a broad ideal for governments to follow. It emphasizes the upholding of the dignity of the person and includes committees on individual liberty, government intervention, and criminal action. The Delhi Declaration also lays down the principles and procedures underlying the rule of law, such as the supremacy of the Constitution, the separation of powers, the independence of the judiciary, the accountability of the executive, the fairness of the administration, the protection of human rights, and the access to justice. The Delhi Declaration also clarifies the concept of the rule of law itself, as not merely a formal legal doctrine, but a dynamic concept that responds to the changing needs and aspirations of the people. The Delhi Declaration is thus a comprehensive and progressive document that reflects the modern concept of the rule of law.
12. Administrative Law is a branch of:
(A) Private Law
(B) Public Law
(C) Criminal Law
(D) International Law
Answer (B) Public Law
Explanation: Administrative law is a branch of public law, which deals with the relationship of individuals with the government. It determines the organisation and power structure of administrative and quasi-judicial authorities to enforce the law. It also regulates the functions and actions of the executive and ensures that the executive treats the public fairly and lawfully. It includes the law relating to the rule-making power of the administrative bodies, the quasi-judicial function of administrative agencies, the legal liabilities of public authorities, and the power of the ordinary courts to supervise administrative authorities. Administrative law is thus a branch of public law that governs the administration and protects the rights and interests of the citizens.
13. Administrative law is a law concerning the powers and procedures of administrative agencies including especially the law governing judicial review of administrative action'. This definition is given by
A. ivor jennings
B. k c davis
C. h wr wade
D. cessare Becerra.
Answer» B. k c davis
14. Which of the following is not the meaning of 'Rule of law' according to A V Dicey
A. supremacy of law
B. equality before law
C. pre-dominance of legal spirit
D. wide discretionary powers
Answer» D. wide discretionary powers
15. Which one of the following is NOT the drawback concept of Rule of Law as given by A V Dicey
A. failure to distinguish between arbitrary power discretionary power
B. misunderstood the real nature of droit administratif
C. did not recognise the existence of administrative law in england
D. did not support supremacy of law.
Answer» D. did not support supremacy of law.
16. The functions of the executive can be classified as
A. delegated legislation
B. quasi judicial function
C. discretionary functions
D. all of the above
Answer» D. all of the above
17. Delegatus non protest delgare' means
A. the delegate not protest against the authority
B. the delegate does not have potential for making laws
C. the delegate cannot further delegate
D. the delegate can further delegate
Answer» C. the delegate cannot further delegate
18. Which of the following is true when a government contract which does not conform to the provisions of Art 299 of the Constitution?
A. the contract is not enforceable in court against the parties
B. the contract is voidable at the option of both the parties
C. the contract is void
D. r s d panchal, asst prof , dcll
Answer» A. the contract is not enforceable in court against the parties.
19. Principles of natural justice are NOT applicable against which of the following actions ?
A. administrative actions
B. rule making action
C. quasi judicial actions
D. judicial process
Answer» B. rule making action
20. Principles of natural justice are applicable even when the statute is silent…….they do not supplant law of the land but supplement it'. this was held in which case?
A. a k kraipak v union of india
B. m c mehta v union of india
C. a k gopalan v union of india
D. none of the above
Answer» A. a k kraipak v union of india
21. Which of the following statements is true?
A. all courts are tribunals but all tribunals are not courts
B. tribunals are not bound by the decisions of supreme court
C. a tribunal is established by government
D. tribunals are not bound by principles of natural justice
Answer» A. all courts are tribunals but all tribunals are not courts
22. In India, the executive is part of the legislature. This statement is:
(A) Correct
(B) Incorrect
(C) Partly correct
(D) Partly incorrect
Answer - C Partly correct
Explanation: The executive branch in India consists of the president, the vice president, and the Council of Ministers, led by the prime minister. The president and the vice president are not members of the legislature, but they are elected by the members of both houses of parliament and the state legislature. The prime minister and the Council of Ministers are members of the legislature, either the Lok Sabha (lower house) or the Rajya Sabha (upper house). Therefore, the statement is partly correct, as only some members of the executive are part of the legislature.
23. Droit Administratif is related to:
(A) France
(B) USA
(C) India
(D) UK
Answer- (A) France
Explanation: Droit Administratif is the French term for administrative law, which is the body of rules and principles that governs the actions and relations of the public administration and the citizens. Droit Administratif originated in France during the 18th century, and is still the basis of the French administrative law system. It is also influential in other civil law countries, such as Belgium, Italy, Spain, and Germany.
24. Legislation may be:
(A) Supreme
(B) Subordinate
(C) Supreme or subordinate
(D) None of the above
Answer- (C) Supreme or subordinate
Explanation: Legislation is the process of making or enacting laws by a competent authority. Legislation may be supreme or subordinate, depending on the source and the scope of the law-making power. Supreme legislation is that which proceeds from the sovereign or the highest authority in the state, and cannot be repealed or controlled by any other legislative authority. For example, the laws made by the parliament in India, USA, and UK are supreme legislation. Subordinate legislation is that which proceeds from any authority other than the sovereign or the highest authority in the state, and is dependent on the power delegated by the supreme authority. For example, the rules and regulations made by the executive, the judiciary, the local governments, or the autonomous bodies are subordinate legislation.
25. Subordinate legislation be________ of the statute.
(A) Ultra-vires
(B) Intra-vires
(C) Improper
(D) Unreasonable
Answer - B) Intra-vires
Explanation: Subordinate legislation is valid and enforceable only if it is intra-vires, meaning within the powers, of the statute that authorizes it. Subordinate legislation is intra-vires if it conforms to the purpose, scope, and limits of the enabling statute, and does not violate any constitutional or legal principles. Subordinate legislation is ultra-vires, meaning beyond the powers, of the statute if it goes against the intention, spirit, or letter of the enabling statute, or if it infringes on the rights and liberties of the citizens. Subordinate legislation that is ultra-vires is void and can be challenged in a court of law.
26. The delegation legislative function is:
(A) Valid
(B) Invalid
(C) Constitutional
(D) Legal
Answer- (A) Valid
Explanation: The delegation of legislative function is the transfer of law-making power from the supreme authority to the subordinate authority13. The delegation of legislative function is valid and necessary for the efficient and effective administration of the state, as it allows the supreme authority to focus on the general and important matters of legislation, and entrusts the subordinate authority with the specific and technical matters of legislation14. The delegation of legislative function is also justified by the principle of necessity, as the supreme authority may not have the time, expertise, or resources to deal with all the aspects and details of legislation. However, the delegation of legislative function is subject to certain conditions and limitations, such as the existence of an enabling statute, the specification of the purpose and scope of the delegated power, the observance of the constitutional and legal principles, and the accountability and review of the subordinate authority.
27. Delegated legislation made with improper motive is:
(A) Constitutional
(B) Legal
(C) Illegal
(D) None of the above
Answer - (C) Illegal
Explanation: Delegated legislation is the exercise of legislative power by an authority subordinate to the legislature. However, this power is not absolute and can be challenged in the courts if it is made with improper motive, such as malice, fraud, or discrimination 1.
28. Who said that “Legislatures have no control over the executive”?
(A) Lloyd George
(B) Wade
(C) Philips
(D) Bentham
Answer - (D ) Bentham
Explanation: Jeremy Bentham, a British philosopher and jurist, was a critic of delegated legislation. He argued that the legislature should not delegate its power to the executive, as it would result in the loss of accountability and transparency. He said that "legislatures have no control over the executive; they have next to no knowledge of what the executive does: they have no time to inquire into what the executive does"
29. Essential legislative functions:
(A) Can be delegated
(B) Can not be delegated
(C) Can be delegated with prior permission of president
(D) None of the above
Answer - (B) Can not be delegated
Explanation: Essential legislative functions are those that involve the determination of the policy and the principles of the law. These functions cannot be delegated by the legislature to any other authority, as it would amount to abdication of its constitutional duty. The legislature can only delegate ancillary or subordinate functions, such as filling in the details or prescribing the procedure of the law.
30. Delegatus non potest delegare means:
(A) A delegate can further delegate its powers
(B) Delegated legislation is valid
(C) A delegate cannot further delegate his powers
(D) None of the above
Answer - (C) delegate cannot further delegate his powers
Explanation: Delegatus non potest delegare is a Latin maxim that means “a delegate cannot delegate”. It implies that an authority that has been delegated a power by the legislature cannot further delegate that power to another authority, unless it is expressly or impliedly authorized by the legislature. This is to prevent the misuse or abuse of the delegated power.
31. Doctrine of ultra-vires is related to:
(A) Saloman Vs. Saloman
(B) Foss Vs. Harbottle
(C) Ashbury Railway Carriage and Iron Co. Vs. Riche
(D) All of the above
Answer - (C) Ashbury Railway Carriage and Iron Co. Vs. Riche
Explanation: The doctrine of ultra-vires means that an act done beyond the powers of the doer is invalid. In the context of a company, it means that any act done by the company or its directors which is beyond the scope of the objects clause of the memorandum of association is ultra-vires and void. This doctrine was first established in the case of Ashbury Railway Carriage and Iron Co. Vs. Riche, where the House of Lords held that a contract made by the company to finance the construction of a railway line was ultra-vires and unenforceable, as it was not within the objects of the company.
32. Which case is known as the “Bible of Delegated Legislation”?
(A) In re Delhi Laws Act
(B) Queen Vs. Burah
(C) Queen Vs. Banwari Lal Sharma
(D) All of the above
Answer - A) In re Delhi Laws Act
Explanation: (A) Delegated legislation is the law made by an executive authority under the powers given by the primary legislation. It is also known as subordinate or secondary legislation. The constitutionality and validity of delegated legislation was examined by the Supreme Court in the case of In re Delhi Laws Act, where the President referred several questions to the court under Article 143 of the Constitution. The court laid down some principles and guidelines regarding the extent and limits of delegation of legislative power by Parliament to the executive. The case has been quoted as the “Bible of delegated legislation.
33. Delegated legislation is also known as:
(A) Supreme Legislation
(B) Subordinate Legislation
(C) International Legislation
(D) None of the above
Answer - B) Subordinate Legislation
Explanation: As mentioned above, delegated legislation is the law made by an executive authority under the powers given by the primary legislation. It is also known as subordinate legislation, as it is subordinate to the primary legislation and depends on it for its validity and authority. It is also called secondary legislation, as it is made after the primary legislation and supplements or modifies it.
34. Committee on subordinate Legislation of Lok Sabha was firstly appointed in:
(A) 1949
(B) 1951
(C) 1952
(D) 1953
Answer - (D) 1953
Explanation: The Committee on Subordinate Legislation is a standing committee of Lok Sabha that scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, bye-laws, etc. conferred by the Constitution or delegated by Parliament are being properly exercised within such delegation. The committee also examines the provisions of bills that seek to delegate powers to make subordinate legislation. The committee was first constituted in December, 1953 and has been constituted since then from year to year.
35. Delegated Legislation is not allowed in the U.S.A. This statement is:
(A) Incorrect
(B) Correct
(C) Partly incorrect
(D) Partly correct
Answer - (A) Incorrect.
Explanation - Delegated legislation is allowed in the U.S.A., where it is also known as administrative law or rulemaking. The U.S. Congress delegates some of its legislative powers to executive agencies, which can issue regulations and rules to implement and enforce the laws passed by Congress.
36. In United Kingdom, which is supreme?
(A) Judiciary
(B) Executive
(C) Parliament
(D) None of the above
Answer - (C) Parliament.
Explanation - The U.K. follows the principle of parliamentary sovereignty, which means that Parliament can make or unmake any law, and no other authority can override or challenge its decisions.
37. In re Delhi Laws Act case, the decision was delivered by the Bench consisting:
(A) 5 Judges
(B) 7 Judges
(C) 13 Judges
(D) 21 Judges
Answer - 13 Judges.
Explanation - This was a landmark case in Indian constitutional law, where the Supreme Court examined the validity of the Delhi Laws Act, 1912, which empowered the Governor General to extend laws enacted by the Central Legislature to the province of Delhi. The case was heard by a bench of 13 judges, the largest ever in the history of the Supreme Court.
38. Which of the following is not a subordinate Legislation?
(A) Act
(B) Code
(C) Rules
(D) Both (A) and (B)
Answer - (D) Both (A) and (B).
Explanation - Subordinate legislation is a term used to describe the rules and regulations made by authorities other than the legislature, under the powers delegated by an Act of Parliament or a State Legislature. Subordinate legislation includes statutory instruments, by-laws, orders in council, etc. An Act or a Code is not a subordinate legislation, but a primary legislation enacted by the legislature.
39. Delegated and conditional legislation are same term. This statement is:
(A) True
(B) False
(C) Partly true
(D) Partly false
Answer - (B) False.
Explanation - Delegated legislation and conditional legislation are different terms. Delegated legislation is when the legislature delegates some of its powers to another authority, such as the executive or a local body, to make rules and regulations within the framework of the parent law. Conditional legislation is when the legislature makes a law subject to certain conditions, such as the approval of the President or the Governor, or the satisfaction of certain criteria, before it comes into force.
40. “Audi Alteram Partem” means:
(A) Rights are associated with duties
(B) Everybody has a right to be defended
(C) Hear the other party
(D) None of the above
Answer - (C) Hear the other party.
Explanation - This is a Latin phrase that means “hear the other side”. It is a principle of natural justice that requires that no one should be condemned unheard, and that both parties in a dispute should be given a fair opportunity to present their case.
41. “Nemo judex in causa sua” means:
(A) No one can be judge in his own cause
(B) No one can be judge in others case
(C) No one shall be judge in his case
(D) None of the above
Answer - (A) No one can be judge in his own cause.
Explanation - This is another Latin phrase that means “no one can be a judge in his own case”. It is another principle of natural justice that requires that the judge or decision-maker should be impartial and unbiased, and should not have any personal interest or involvement in the matter.
42. The principles of natural justice owe their origin mainly in:
(A) Legislations
(B) Common Law
(C) Customs
(D) None of the above
Answer - (B) Common Law.
Explanation - The principles of natural justice are not codified in any statute, but are derived from the common law tradition of England, which influenced the legal systems of many countries, including India. The principles of natural justice are also recognized by the Constitution of India, which guarantees the right to a fair trial and the right to equality before the law.
43. The principle of Rule of Law in England means:
(A) Supremacy of administratif droit
(B) Absence of discretionary powers
(C) Absence of arbitrary powers
(D) None of the above
Answer - (C) Absence of arbitrary powers.
Explanation - The principle of Rule of Law is a fundamental feature of the British constitution, which means that everyone is subject to the law, and no one is above the law. It also means that the law is clear and certain, and that the government and its officials can only act according to the law, and not arbitrarily or capriciously.
44. Crown proceeding Act was enacted in:
(A) 1942
(B) 1947
(C) 1952
(D) 1957
Answer - (B) 1947.
Explanation - The Crown Proceedings Act, 1947, was an Act of the Parliament of the United Kingdom that allowed civil actions against the Crown (the government) and its servants, and abolished the doctrine of sovereign immunity, which prevented the Crown from being sued in its own courts.
45. Administrative body is not answerable to any ordinary court in:
(A) India
(B) England
(C) Canada
(D) France
Answer - (D) ) France.
Explanation - In France, there is a system of dual judiciary, where administrative matters are dealt with by separate administrative courts, and ordinary matters are dealt with by ordinary courts. The administrative courts have exclusive jurisdiction over disputes involving public authorities and their acts, and the ordinary courts cannot interfere with their decisio
46. “The doctrine of separation of powers is an exploded doctrine” is said by:
(A) K.M. Munshi
(B) K.T. Shah
(C) B.R. Ambedkar
(D) J.L. Nehru
Answer - (C) B. R. Ambedkar.
Explanation - Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, made this statement in the Constituent Assembly while rejecting the proposal of complete separation of powers. He argued that such a rigid separation would lead to inefficiency and deadlock, and that a system of checks and balances was more suitable for India.
46. In Indian Constituent Assembly______ brought proposal for complete separation of powers.
(A) Ambedkar
(B) Nehru
(C) K.T. Shah
(D) Shibban Lal Saxena
Answer- (C) K.T. Shah.
Explanation- Prof. K.T. Shah, a member of the Constituent Assembly, moved an amendment to include a provision for complete separation of powers among the executive, the legislature, and the judiciary in the Constitution. He argued that such a separation would ensure the independence and accountability of each organ, and prevent the concentration and abuse of power. However, his amendment was opposed by Dr. B.R. Ambedkar and others, and was ultimately rejected by the Assembly.
47. Which of the following can not be delegated?
(A) Power to repeal a law
(B) Power to impose a tax
(C) Power to exempt without laying down the norms
(D) All of the above
Answer - (D) All of the above.
Explanation - Delegation of legislative power is subject to certain limitations and restrictions, both constitutional and judicial. Some of the powers that cannot be delegated by the legislature are: the power to repeal a law, the power to impose a tax, and the power to exempt without laying down the norms. These powers are considered essential and inherent to the legislature, and delegating them would amount to abdication of its responsibility .
48. A.K. Kraipak Vs. Union of India was decided in the year:
(A) 1950
(B) 1959
(C) 1960
(D) 1969
Answer - (D) 1969.
Explanation - This was a landmark case in Indian administrative law, where the Supreme Court held that the principles of natural justice apply to administrative actions as well as judicial actions, and that any violation of these principles would render the action invalid. The case involved a challenge to the selection of candidates for the Indian Forest Service, where one of the members of the selection board was himself a candidate and had secured a high rank. The Court ruled that this was a clear case of bias and violation of the rule of natural justice that no one can be a judge in his own cause .
49. Ashok Kumar Yadav Vs. State of Haryana is a leading case on :
(A) Rule against Biasness
(B) Hear the other party
(C) Delegated Legislation
(D) None of the above
Answer - (B) Hear the other party.
Explanation - This was another important case in Indian administrative law, where the Supreme Court held that the principle of natural justice that hear the other party (audi alteram partem) applies to administrative actions that affect the rights or interests of individuals, and that such actions must be based on relevant and reasonable grounds. The case involved a challenge to the selection of candidates for the Haryana Civil Service, where the selection board had arbitrarily rejected some candidates without giving any reasons or opportunity to be heard. The Court ruled that this was a violation of the principle of natural justice that hear the other party, and quashed the selection .
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