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Administrative Law MCQ

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1.

Discretion is something that ____________


a) Exists automatically.
b) Is provided under a statute
c) Is exercised arbitrarily
d) Flow from judicial decisions
2. Parliament can delegate to the Executive____________
a) Only essential legislative powers
b) Only non-essential powers
c) Both essential and non-essential powers
d) None of the above
3. Which one of the following is the most valid ground for the issue of writ of Mandamus
a) Excess of jurisdiction
b) Disregard to rules of natural justice
c) Error of Law apparent on the face of the record
d) Failure to perform the duty imposed by law
4. The benefit of legitimate expectation can be claimed as a matter of course. This statement is
__________
a) Correct
b) Incorrect
c) Partly correct
d) None of the above
5. Directive principles of state policy are________
a) Enforceable in court of law
b) Enforceable in Parliament
c) Not enforceable in court of law
d) Enforceable everywhere
6. A Law made in derogation of the fundamental rights is _________
a) Valid
b) Void
c) Voidable
d) illegal
7. ‘Due process of Law’ owes its evolution to__________
a) UK
b) USA
c) Italy
d) Russia
8. The nature of powers exercise by administrative authorities can be studies under how many
heads?
a) Three
b) Four
c) Five
d) Six
9. Delegated legislation is a exception to principle of __________
a) Delegatus non potest delegare
b) Audi alteram partem
c) Nemo judex In sua causa
d) None of the above
10. From the fundamental standpoint the entire field of judicial review of administrative action can
be classified into how many parts
a) Two
b) Three
c) Four
d) Five
11. Administrative tribunals are established by the ____________
a) Judiciary
b) Executive
c) Legislature
d) None of the above
12. The main reasons for the establishment of Administrative tribunal system are _______
a) Ordinary courts are already over-burdened with work
b) Procedure of the courts are technical and cost are prohibitive
c) Questions arising out of a social or industrial legislation are better decided by person
who has an intimate and specialized knowledge of the working of that Act
d) All of the above
13. Article 14 of the constitution of India guarantees to every person_______________
a) Equality before law
b) Equal protection of law
c) Both (A) and (B)
d) None of the above
14. ‘The Constitutional Law describes the various organs of Government at rest, while
Administrative Law describes them in motion’ this was stated by_________
a) Coke
b) Dicey
c) Holland
d) Salmond
15. Principle of constructive res judicata does not apply in which of the following writs
a) Certiorari
b) Habeas corpus
c) Prohibition
d) Quo warranto
16. Administrative law is based upon which of the following principles?
a) To check abuse of the administrative power
b) To ensure that citizens are treated impartially by the officials
c) To protect them from an unofficial encroachment on their rights and interest
d) All of the above
17. The doctrine of separation of powers is not a part of the Indian Constitution. This was held in the
case of ______________
a) Indira Gandhi V. Raj Narain (AIR 1975 SC 2299)
b) Maneka Gandhi V. UNI (AIR 1978 SC 597)
c) A.K .Gopalan V. St of Madras(AIR 1950 SC 27)
d) Re Delhi Laws Act (AIR 1951 SC 332)
18. Judicial control over delegated legislation is exercised by _________
a) Supreme Court
b) High Court
c) District Court
d) Both (A) and (B)
19. Excessive delegation of powers is ________________
a) Illegal
b) Irregular
c) Unconstitutional
d) Valid
20. The doctrine of legitimate expectation confers upon a person a right to fairness which is
enforceable in case of its denial. This statement is _________
a) Correct
b) Incorrect
c) Partly correct
d) None of the above
21. Public interest litigation (PIL) has expanded the operation of the principle of ______________
a) Audi Alteram Partem
b) Locus standi
c) Ultra vires
d) Nemo judex in sau causa
22. A Public Interest litigation (PIL) can b filed against
a) Private company
b) State Government
c) Partnership Firm
d) A Citizen
23. The first reported case of public Interest Litigation (PIL) was in the year_________
a) 1970
b) 1950
c) 1979
d) None of the above
24. Who among the following is the ex-officio chairman of Rajya Sabha?
a) The Vice-President
b) The President
c) The speaker of Lok-Sabha
d) The Chief Justice
25. The concept of ‘Driot Administratif’ was first developed in _________
a) India
b) Germany
c) England
d) France
26. Adjudication of a specific dispute is a judicial function which Parliament, even under
Constitutional amending powers, cannot exercise. This was held in _________
a) Golak Nath V. State of Punjab(AIR 1967 SC 643)
b) Indira Gandhi V. Raj Narain (AIR 1975 SC 2299)
c) ADM Jabalpur V. Shivakant Shukla (AIR 1976 SC 1207)
d) Keshvanand Bharti V. State of Kerala (AIR 1973 SC 1461)
27. The expression ‘New Despotism’used by Hewart refers to _____________
a) Public law
b) Administrative law
c) Rule of law
d) Constitutional Law
28. The ‘Red light ’and ‘Green light’ theories of Administrative law were developed in 1984 by _____
a) Harlow
b) Rowllings
c) Both (A)and(B)
d) Wade
29. In which of the following cases term ‘conditional litigation’ was used by the Privy Council?
a) Queen V. Burrah
b) K.E. V. Banoori Lal
c) Jamna Das V. Ram Avtar
d) None of the above
30. Committee on Subordinate Legislation at the Lok Sabha has
a) 10 members
b) 15 members
c) 20 members
d) 25 members
31. The Supreme Court has observed in the case of Kihoto Hollohan V. Zachillhu that in order to
determine whether an authority exercising adjudicatory powers is a tribunal or not, the test is
that_______
a) There is a lis- affirmation by one party and denial by the other
b) The dispute involved decision on the rights and obligation of parties
c) The authority is called upon to decide it
d) All of the above
32. In which of the following contexts the decision in Maneka Gandhi V. UNI is important in
Administrative Law
a) Rule of Evidence
b) Seperation of powers
c) Delegated Legislation
d) Right of Hearing
33. Suggestions by the Frank Committee Report were made with respect to _________
a) Departmental Authorities
b) Public Corporation
c) Administrative body
d) Administrative Tribunals
34. The salient features of Administrative tribunal are ________
a) It is established by the Executive in accordance with statutory provisions
b) It is required to act judicially and it performs quasi-judicial functions
c) Its proceedings are deemed to be judicial proceedings and in certain procedural matters
it has powers of Civil Courts
d) All of the above
35. In England, which test is normally applied while judging the validity of an Administrative action
or statutory discretion
a) CCSU
b) Wednesbury
c) Schmidt
d) Proportionality
36. Which Doctrine is related to quantum of punishment and purpose of administrative action
a) Legitimate expectation
b) Severability
c) Colorable legislation
d) Proportionality
37. Freedoms under Article 19 of the Constitution of India are _________
a) Subject to reasonable restrictions
b) Subject to unreasonable restriction
c) Absolute
d) Situational
38. Which of the following characteristics of Public Interest Litigation (PIL) are to be kept in mind?
a) Petitions in PIL are filed on behalf of a group or a class of persons
b) Action is initiated in PIL against irresponsible, illegal acts of Government
c) Petitions are on behalf of such group or class of persons, who on account of their
social, economic or other constraints cannot approach the court for any legal remedy
d) All of the above
39. Public Interest Litigation (PIL) means ‘litigation in the interest of public’ entered juridical process
in 1970. This statement is ___________
a) Incorrect
b) Correct
c) Partly correct
d) None of the above
40. Legitimate Expectation can be compromised only through a procedure which is _________.
a) Codified
b) Arbitrary
c) Fair and reasonable
d) None of the above
41. Which of the following doctrine includes ‘balancing’ and ‘necessity’ tests?
a) Legitimate expectation
b) Colourable legislation
c) Proportionality
d) Territorial nexus
42. Under which Article of the Constitution of India, courts have been empowered to entertain and
allow petition for damages against the Government for tortuous acts of their servants?
a) Article 299
b) Article 300
c) Article 323
d) Article 360
43. What does not come under the ambit of Delegated Legislation?
a) Bye-laws
b) Rules
c) Orders
d) Ordinances
44. The institution of Ombudsman came into existence in ________
a) 1600
b) 1776
c) 1809
d) 1881
45. Which of the following states does not have a Lokayukta?
a) Rajasthan
b) Madhya Pradesh
c) Sikkim
d) Odisha
46. Administrative Law deals with the official action which may be _____________
a) Rule- making or Quasi-legislative
b) Rule-decision or Quasi-judicial action
c) Rule-application or administrative action
d) All of the above
47. ‘Administrative Law deals with the organization, function, powers and duties of Administrative
authorities while Constitutional Law deals with the general principles relating to the
organization and powers of various organs of the state and their mutual relationships and
relationship of these organs with the individual’ This was opined by _________
a) Sir Ivor Jennings
b) Wade and Phillips
c) Dicey
d) Montesquieu
48. Administrative Law is concerned with the operation and control of the powers of Administrative
authorities with emphasis on functions rather than on structure. This was opined by _________
a) Locke
b) Dicey
c) Holland
d) Wade
49. Discretion is something that _________
a) Exists automatically
b) Is provided under a statute
c) Is exercised arbitrarily
d) Flows from judicial decisions
50. Judiciary treats ____________ as the guiding light to control the abuse of Administrative
Discretion.
a) Fundamental Duties
b) Fundamental Rights
c) Public Interest Litigation
d) Citizenship
51. The Doctrine of proportionality was developed in the 19 th century in Europe and originated in
Prussia. The statement is ______
a) Correct
b) Incorrect
c) Partly correct
d) None of the above
52. The benefit of legitimate Expectation can be claimed as a matter of course. The statement is
__________
a) Correct
b) Incorrect
c) Partly correct
d) None of the above
53. To through the doctrine of ________, Court would not allow the administration to use a
sledgehammer to crack a nut where a paring knife would suffice
a) Legitimate expectation
b) Pleasure
c) Proportionality
d) Pith and Substance
54. Doctrine of Legitimate expectation evolved in England in the case of _________
a) Council of Civil union V. Minister of Civil Services
b) Cinnamond V. British Airports Authority
c) Schmidt V. Secretary of State of Home Affairs
d) Stretch V. United Kingdom.S
55. The natural habitat of the doctrine of Legitimate Expectation in the Constitution of India is
______________
a) Article 14
b) Article 15
c) Article 21
d) Article 32
56. Article 14 of the Constitution of India guarantees to every person ________
a) Equality before Law
b) Equal protection of Law
c) Both (A) and (B)
d) None of the above
57. Administrative discretion should be ____________
a) Vague and Fanciful
b) Arbitrary
c) unreasonable
d) legal and regular
58. the scope of doctrine of Legitimate Expectation was demarcated in India in the case of _______
a) M/S B.S.N Joshi and Sons and Ltd V. Nair Coal Service Ltd.
b) Union of India V. Hindustan Development Corporation
c) Food Corporation of India V. Kamdhenu Cattle Industries
d) M.C. Mehta V. State of Tamil Nadu
59. Which Article forbids class legislation but permits classification based on intelligible differentia?
a) Article 12
b) Article 13
c) Article 14
d) Article 15
60. Judicial control mechanism of Administrative Descreation is excercised at how many stages?
a) Two
b) Three
c) Four
d) Five
61. Lord Diplock summarized the principles of Judicial Review of Administrative as illegality,
procedural impropriety and irrationality in ____________
a) Council of Civil union V. Minister of Civil Services
b) Cinnamond V. British Airports Authority
c) Schmidt V. Secretary of State of Home Affairs
d) Stretch V. United Kingdom
62. The doctrine of proportionality was originally developed to control the police power of State,
now applies to ____________
a) Administrative discretionary action
b) Constitutionality of Law where fundamental Rights are involve
c) Quantum of punishment
d) All of the above
63. _______________ is the power given by the statute to make a choice among competitive
consideration
a) Arbitrariness
b) Volition
c) Discretion
d) whim
64. which Doctrine is related to the domain of public law and is used to provide relief to the people
when they are not able to justify their claims on the basis of Law?
a) Pleasure
b) Legitimate Expectation
c) Proportionality
d) Eclipse
65. When a function is performed under the guise of a power it is called ______________
a) Mala fide exercise
b) Colourabe exercise
c) Improper exercise
d) Ultra Vires exercise
66. ___________means ‘bad faith’ or ‘dishonest intention’
a) Ultra vires
b) Audi alteram partem
c) Bona fide
d) Mala fide
67. In which case, the doctrine of legitimate expectation was hailed as a fine principle of
administrative jurisprudence for reconciling powers with liberty?
a) Food Corporation of India V. Kamdhenu Cattle Industries
b) Makhan singh V. State of Punjab
c) M.C. Mehta V. State of Tamil Nadu
d) Electricity Board Rajasthan V. Mohan Lal
68. The term ‘Legitimate expectation’ was first used by Lord Denning in Schmidt V. Secretary of
State for Home Affair. It is ______________
a) Correct
b) Incorrect
c) Partly correct
d) None of the above
69. When the power is used for some purpose other than the one for which it was granted, the
discretion is ____________
a) Void
b) Illegal
c) Ultra vires
d) Intra vires
70. The conferment of discretionary power assumes that the power should be exercised ________
by the authority concerned
a) Jointly
b) Continuously
c) Independently
d) None of the above
71. ‘Laws inconsistent with or in derogation of the Fundamental Rights’ it is mentioned under
Article_________ of the Constitution of India.
a) Article 11
b) Article 12
c) Article 13
d) None of the above
72. Which one of the following is the most valid ground for the issue of writ of Mandamus?
a) Excess of jurisdiction
b) Disregard of rules of Natural Justice
c) Error of Law apparent on the face of the record
d) Failure to perform the duty impose by law
73. PIL stands for _____________
a) Personal interest litigation
b) Parent interest litigation
c) Political interest litigation
d) Public interest litigation
74. In which of the following year Central Vigilance Commission was established
a) 1947
b) 1950
c) 1964
d) 1975
75. Delegated legislation is an exception to the principle of ____________
a) Delegates non potest delegare
b) Audi alteram partem
c) Nemo judex in sua causa
d) None of the above
76. The first All India Conference of Lokayuktas was held at ______________
a) New Delhi
b) Bhopal
c) Jaipur
d) Shimla
77. Administrative tribunal are established by the _____________
a) Judiciary
b) Executive
c) Legislature
d) None of the above
78. The Supreme Court can grant Special Leave to Appeal under ____________ Constitution of India
a) Article 32
b) Article 124
c) Article 136
d) Article 141
79. The Doctrine of Separation of Powers was originated from ____________
a) UK
b) India
c) France
d) USA
80. The Executive is derived from the Legislature and is dependent on it, for its legitimacy. This was
observed in ____________
a) Maneka Gandhi V. UNI (AIR 1978 SC 597)
b) Indira Gandhi V. Raj Narain (AIR 1975 SC 2299)
c) Ram Jawaya V. State of Punjab (AIR 1955 SC 549)
d) A.K .Gopalan V. State of Madras (AIR 1950 SC 27
81. The basis of judicial control of delegated legislation is __________
a) Doctrine of Pith and Substance
b) Doctrine of colourable legislation
c) Doctrine of Ultra vires
d) Doctrine effacement and abdication
82. Which Article of the Constitution of India provides for the separation of the judiciary from the
Executive
a) Article 48
b) Article 49
c) Article 50
d) Article 51
83. The salient features of Administrative Tribunals are ______________
a) It is established by the Executive in accordance with statutory provisions
b) It is required to act judicially and it performs quasi- judicial functions
c) Its proceedings are deemed to be judicial proceedings and in certain procedural matters
it has powers of a civil court
d) All of the above
84. Which doctrine is related to quantum of punishments and purpose of administrative action?
a) Legitimate expectation
b) Severability
c) Colourable legislation
d) Proportionality
85. The first reported case of Public Interest Litigation was ______________
a) Electricity Board, Rajasthan V. Mohan Lal
b) Sajjan Singh V. State of Rajasthan
c) Sunil Batra V. Delhi Administration
d) Hussainara Khatoon V. state of Bihar
86. Fundamental Rights are provided under _________ of the Constitution of India.
a) Part II
b) Part III
c) Part IV
d) Part IVA
87. The case of A.K.Kraipak V. Union of India deals with ____________
a) Audi Alterm Partem
b) Rule against bias
c) Abuse of discretion
d) Post decisional hearing
88. Rule of Law is embodied in which Article of the Constitution?
a) Article 11
b) Article 12
c) Article 13
d) Article 14
89. Administrative Law primarily deals with the functioning of ________
a) Legislature
b) Judiciary
c) Executive
d) Media
90. Judiciary treats ___________ as the guiding light to control the abuse of Administrative
discretion
a) Fundamental Duties
b) Fundamental Rights
c) Public Interest Litigation
d) Citizenship
91. The Lok-Pal and Lok Ayukta Bill was introduced for the first time in the Parliament in the year of
_________
a) 1960
b) 1962
c) 1965
d) 1968
92. The law which requires publication of delegated legislation in India is ___________
a) Ideal law
b) Natural law
c) Decision law
d) Statutory law
93. In India, how many Principle sources of Administrative Law are there?
a) Two
b) Three
c) Four
d) Five
94. From the fundamental standpoint the entire field of Judicial review of Administrative action can
be classified into how many parts?
a) Two
b) Three
c) Four
d) Five
95. The concept of Judicial Activism originated in _____________
a) France
b) Italy
c) India
d) USA
96. A dispute between the Union Government and the State Government is the original Jurisdiction
of ____________
a) The High Court of the Concerned State
b) The Supreme Court of India
c) The President
d) The Vice-President
97. Who gave the three fold definition of Administrative Law in the 19 th century
a) Rawls
b) Mill
c) Finnis
d) Dicey
98. High Courts in India have supervisory powers under _______of th Constitution of India
a) Article 225
b) Article 226
c) Article 227
d) Article 228
99. Writs originated in the ______________
a) Roman Judicial system
b) English Judicial system
c) France Judicial system
d) Indian Judicial system
100. The first state to enact Lok Ayukta Act is _____________
a) Maharashtra
b) Utter Pradesh
c) Odisha
d) Bihar
101. The primary function of Legislature is_______________
a) To make law
b) To implement law
c) To amend law
d) To interpret laws
102. Central Vigilance Commission has been created on the recommendation of ________
a) Santhanam Committee
b) Mandal commission
c) Sarkaria commission
d) Administrative Reforms Commission

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