Admin Law Practice Test-Ii
Admin Law Practice Test-Ii
Admin Law Practice Test-Ii
ADMINISTRATIVE LAW
(a) 1 only
(b) 1 & 2 only
(c) 1 & 4 only
(d) 1, 2 & 4 only
3. The source(s) of Administrative law is/are
(a) Statutes and delegated legislation
(b) Ordinances issued by the Governor
(c) Constitutional Law
(d) all of the above
4. The theory of Administrative law which favours the idea of collectivism to improve the
well being of the community
(a) Red Light theory
(b) Green Light theory
(c) Orange Light theory
(d) Amber Light theory
5. Who described Rule of law as “nonsense on stilts”
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(a) Austin
(b) Salmond
(c) Stone
(d) Jeremy Bentham
6. According to A.V Dicey which of the following principles together establish the concept
of rule of law
1. Supremacy of law
2. Equality before law
3. Predominance of legal spirit
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(c) an authority at par with legislature
(d) None of the above
13. Select the statement which is not FALSE in respect of conditional legislation
1. It is fact finding and takes effect when some condition is fulfilled.
2. The gun and gun powder is provided by the legislature; administrative authority
is only required to pull the trigger.
3. It can never be checked by judicial review on ground of ultra vires.
(a) 1 only
(b) 2 only
(c) either 1 or 2
(d) neither 1 nor 2
17. The doctrine of legitimate expectation provides a central space between no claim and
legal claim wherein a public authority can be made accountable on the ground of an
expectation which is legitimate. The first reference to this doctrine is found in the case of
(a) Dwarka Prasad Laxmi Narayan V State of U.P
(b) State of Kerala V K.G Madhavan Pillai
(c) Javed Rasool Bhatt V State of J & K
(d) State of Bihar V KK Mishra
18. The doctrine of legitimate expectation has
(a) Positive application only
(b) Negative application only
(c) both (a) and (b)
(d) neither (a) nor (b)
19. The idea of Public interest Litigation came from ‘actio popularis’ of
(a) Roman jurisprudence
(b) English jurisprudence
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(c) German jurisprudence
(d) American jurisprudence
20. Who is father of Public Interest Litigation in India
(a) Justice HJ Kania
(b) Justice HR Khanna
(c) Justice SH Kapadia
(d) Justice PN Bhagwati
21. The traditional English law recognizes principle of natural justice
1. Rule against bias
2. Hear the other side
3. Reasoned decision
(a) 1 only
(b) 2 only
(c) 1 & 2 only
(d) all of the above
22. The principle of nemo judex in causa sua was laid down in Earl of Derby’s case by
(a) Lord Denning
(b) Lord Coke
(c) Lord Carol Harlow
(d) Lord Richard
23. In India, whenever an order is made in violation of natural justice, the said order would
be
(a) Voidable
(b) valid but subject to judicial review
(c) illegal
(d) null and void
24. Dr. Bonham’s case is related to the
(a) Judicial obstinacy
(b) Bias as to subject matter
(c) Pecuniary bias
(d) Personal bias
25. The meaning of the maxim ‘Delegatus non potest Delegare’ means
(a) Delegated legislations are legislations which are made by executive
(b) A delegate cannot further delegate his powers
(c) A delegate can further delegate his powers
(d) none of the above
26. Select the statement which is true in respect of appeal
1. Appeal is mostly concerned with the correctness of the decision
2. Appeal is a statutory right
3. Appeal is a discretionary right of the court
4. Procedural irregularity, impropriety, irrationality and illegality form the basis of
appeal.
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(c) 2 & 4 only
(d) 1, 3 & 4 only
27. Writs were originated in which country
(a) USA
(b) England
(c) France
(d) India
28. A writ of certiorari can be issued against
(a) Private individual
(b) Legislative bodies
(c) Judicial or quasi-judicial authorities
(d) none of the above
29. The institution of Ombudsman was first developed in
(a) Britain
(b) Sweden
(c) Germany
(d) Australia
30. Which of the following writ may be issued when a lower court or a tribunal transgress
the limits or powers vested in it
(a) Habeas Corpus
(b) Mandamus
(c) Prohibition
(d) Quo warranto
31. The writ of certiorari may be issued to
(a) correct the error of fact
(b) correct the error of law
(c) both (a) and (b)
(d) neither (a) nor (b)
32. The writ which may be issued in the form of an order from the Supreme Court or the
High Court to any inferior court, government or any other public authority to carry out a public
duty
(a) Quo warranto
(b) Certiorari
(c) Prohibition
(d) Mandamus
33. In which of the following cases, the Supreme Court held that the principles of natural
justice are applicable to administrative proceedings
(a) Maneka Gandhi V UOI
(b) Indira Nehru Gandhi V Raj Narain
(c) A.K Kraipak V UOI
(d) Divisional Manager, Aravali Golf Club V Chander Hass
34. In India the ‘Rule of Law’ is embodied in which of the following articles of the
Constitution
(a) Article 12
(b) Article 13
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(c) Article 14
(d) Article 21
35. Which article of Indian Constitution authorized to constitute Administrative Tribunals
(a) Article 323
(b) Article 323 A
(c) Article 323 B
(d) None of the above
36. ‘Quo Warranto’ literally means
(a) We command
(b) on what authority
(c) both (a) and (b)
(d) none of the above
37. Which of the following is the defect of Doctrine of separation of power
(a) Checks and balances between organs
(b) Judiciary must be independent from other two organs
(c) Prevent an abuse of enormous powers of the executive
(d) It is not easy to draw a demarcating line between one power and another
with mathematical precision.
38. In State of W.B. v. Shivananda Pathak, Apex court described a new form of bias
(a) Pecuniary Bias
(b) Judicial Obstinacy
(c) Official Bias
(d) Personal Bias
39. The principle of Natural Justice is
(a) Audi alteram partem
(b) Speaking Orders
(c) Nemo debet esse judex in propria causa
(d) All of the above
40. Which Article of the Indian Constitution confers on every High Court, the power of
superintendence over all the subordinate courts and inferior Tribunals in the State
(a) Article 32
(b) Article 226
(c) Article 227
(d) Article 229
41. Which of the following is not an essential ingredient of fair hearing
(a) Right to notice
(b) Right to present case and evidences
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(c) Right to know adverse evidences and to rebut them
(d) none of the above
42. The Hon’ble Supreme Court in the case of State of J & K V Bakshi Ghulam Mohd
considered the following as an ingredient of fair hearing
(a) Right to cross examination
(b) Right to enquiry report
(c) Right to notice
(d) Right to hearing
43. In which case the Hon’ble Supreme Court first time held that the rule requiring reasons
to be recorded by quasi judicial authorities in support of the orders passed by them must be
held to be a basic principle of natural justice
(a) M.P Industries V UOI
(b) Charan Lal Sahu V UOI
(c) Siemens Engg. Co. V UOI
(d) Maneka Gandhi V UOI
44. In which of the following cases the principles of natural justice may be excluded
(a) In case of emergency
(b) In case of interim prevention action
(c) Where doctrine of necessity applies
(d) all of the above
45. Which of the following writ may be issued to quash judicial, quasi judicial as well as
administrative actions
(a) Mandamus
(b) Certiorari
(c) Quo-warranto
(d) Habeas Corpus
46. In which case the Hon’ble Supreme Court extended the reach of the Rule of Law to
the poor and the downtrodden, the ignorant and the illiterate while taking cognizance on a
letter written by Free Legal Aid Committee drawing the attention of court to unjustified and
illegal detention of certain prisoners languished in jail for almost 2-3 decades
(a) Veena Sethi V State of Bihar
(b) Som Raj V State of Haryana
(c) State of Bihar V Sonawati Kumari
(d) Bachan Singh V State of Punjab
47. The first written document containing the rules of conduct that were based on the Rule
of law
(a) Bill of Rights
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(b) Declaration of Rights of Man and Citizens 1789
(c) Magna Carta of 1215
(d) Philadelphia convention
48. The President of India and the Governors of States enjoy diplomatic immunity under
(a) Article 213
(b) Article 361
(c) Article 366 (18)
(d) none of the above
49. Which of the followings in popularly known as ‘habeas corpus case’
(a) ADM Jabalpul V Shiv Kant Shukla
(b) Divisional Manager Aravali Gold Club V Chander Hass
(c) L Chandra Kumar V UOI
(d) Bhim Singh V State of J&K
50. Who is said to be the originator of the principle of ‘Rule of Law’
(a) A.V Dicey
(b) Sir Edward Coke
(c) Sir Robin Cooke
(d) Ivor Jennings
51. Which of the following document of ancient India states that Law is the King of Kings
and thus considered manifestation of the concept of Rule of Law
(a) Aitereya Upanishad
(b) Chandogya Upanishad
(c) Brahadaranyaka Upanishad
(d) Taittiriya Upanishad
52. The term ‘Rule of Law’ is derived from the
(a) French phrase
(b) German phrase
(c) Latin phrase
(d) Japanese phrase
53. Match the followings
(a) Rudal Shah V State of Bihar 1. Right to minimum wages
(b) People’s Union for Democratic Rights V UOI2. Right to free legal aid
(c) Hussainara Khatoon V State of Bihar 3. Right to speedy trial
(d) M.H Hoskat V State of Maharashtra 4. Compensation for unlawful
detention.
(a) (b) (c) (d)
(a) 1 2 3 4
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(b) 4 1 3 2
(c) 2 4 1 3
(d) 3 2 4 1
54. Who gave a systematic and scientific shape to the concept of separation of powers.
(a) Aristotle
(b) Philippe Ardant
(c) Montesquieu
(d) Louis Vogel
55. The concept of Rule of Law was developed and established by
(a) Sir Edward Coke
(b) KC Davis
(c) Sir William Wade
(d) A.V Dicey
56. Which of the following works of Montesquieu deals with the concept of separation of
powers
(a) Persian letters
(b) The spirits of laws
(c) Constitution and the spirits of laws
(d) Montesquieu and the separation of powers
57. Case Laws which are related to the doctrine of separation of power
(a) Indira Nehru Gandhi V Raj Narain
(b) Ram Jawaya Kapur V State of Punjab
(c) Anil Kumar Jha V UOI
(d) All of the above
58. Who said “Delegated legislation is that which proceeds from any authority other than
the sovereign power and therefore, is dependant for its continued existence and validity on
some superior or supreme authority”
(a) Salmond
(b) CK Allen
(c) Justice Cardoza
(d) Madison
59. In modern times, delegated legislation has become imperative and inevitable due to
(a) The technicality of the subject matter
(b) Emergency
(c) Time factor
(d) all of the above
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60. Post decisional hearing is a hearing which takes place after a provisional decision is
reached. This principle was laid down in the case of
(a) K.L Shephard V UOI
(b) Maneka Gandhai V UOI
(c) Charan Lal Sahu V UOI
(d) Queen V Burrah
61. The power of judicial review controls
(a) Legislative act
(b) Executive act
(c) Administrative act
(d) all of the above
62. In judicial review the court is concerned with
(a) the manner in which decision was taken
(b) the decision of the case
(c) the facts of the case and the decision taken
(d) the question of fact and of law
63. An aggrieved party may apply for review in
(a) The High Court
(b) The court to which an appeal ordinarily lies from the decision of original court
(c) the same court from where the original decision came
(d) either (a) or (b) or (c)
64. Application for the review against the decision taken in review may be initiated in
(a) The Supreme Court
(b) The High Court
(c) The next appellate court
(d) there is no system of second review
65. Select the statement which is not TRUE in respect of review
1. Review is a statutory right
2. Review is a discretionary right
(a) 1 only
(b) 2 only
(c) Both (1) and (2)
(d) neither (1) nor (2)
66. A.V Dicey criticised the French legal system of
(a) quod principi placuit legis habet vigorem
(b) le droit legalite
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(c) Droit Administratif
(d) la dams adminstratif
67. When a subordinate legislation fails to comply with procedural requirement prescribed
by the parent act or by a general law or goes beyond what delegate is authorized to enact, it
is known as
(a) Substantive ultra vires
(b) Parent ultra vires
(c) Procedural ultra vires
(d) None of the above
68. A new part XIV-A on Tribunals was inserted into the Indian Constitution by
(a) 36th Constitutional Amendment
(b) 42nd Constitutional Amendment
(c) 44th Constitutional Amendment
(d) 73rd Constitutional Amendment
69. The delegated legislation is subject to judicial review at
(a) conferment stage only
(b) exercise stage only
(c) both (a) and (b)
(d) neither (a) nor (b)
70. In which case the Supreme Court held “it may not be possible to frame an exhaustive
definition of what executive function means and implies. Ordinarily the executive power
connotes the residue of governmental functions that remain after legislative and judicial
functions are taken away...”
(a) Ram Jawaya V State of Punjab
(b) DC Wadhwa V State of Bihar
(c) M Nagraj V UOI
(d) none of the above
71. Which provision of Indian Constitution deals with the ‘doctrine of pleasure’
(a) Article 123
(b) Article 213
(c) Article 310
(d) Article 312
72. The application of the doctrine of pleasure is subject to certain restrictions as enshrined
under
(a) Article 14, 15 and 16
(b) Article 320(3)
(c) Article 311
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(d) all of the above
73. Direct and indirect control mechanisms of delegated legislation are component of
(a) Procedural control
(b) Judicial control
(c) Parliamentary control
(d) Executive control
74. In which of the following issues prior consultation is considered mandatory
(a) Environment
(b) fixing certain routes for motor vehicles
(c) Mining
(d) both (a) and (c)
75. The parent Act may be unconstitutional on the ground of
(a) Excessive delegation
(b) Breach of Fundamental Rights
(c) either (a) or (b)
(d) Administrative lapse
76. In appeal the appellate authority enquires into
(a) the merits of the decision
(b) whether authority has acted according to the law or not
(c) both (a) and (b)
(d) the question of fact
77. As per Diplock the ground on which judicial review of Administrative discretion may be
carried out
(a) Illegality
(b) procedural impropriety
(c) irrationality
(d) either (a) or (b) or (c)
78. Public Interest Litigation may be linked with
(a) Judicial review
(b) Judicial intervention
(c) Judicial activism
(d) Judicial sanctity
79. The system of Judicial Review is found in
(a) India only
(b) USA only
(c) Britain only
(d) Both (a) and (b)
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80. The term ‘tribunal’ is derived from the word
(a) tribunes
(b) tribes
(c) tribute
(d) tribulation
81. In India ‘Tribunals’ were established on the recommendations of
(a) High Courts Arrears Committee
(b) Swaran Singh Committee
(c) JJ Irani Committee
(d) Suresh Tendulkar Committee
82. The Central Administrative Tribunal was set up in
(a) 1972
(b) 1978
(c) 1985
(d) 1995
83. In which case the Supreme Court held that the appeal against the orders of a tribunal
could not be made directly in the Supreme Court and an aggrieved person should first
approach the concerned High Court
(a) E.P Royappa V State of Tamil Nadu
(b) L Chandra Kumar V UOI
(c) Banwarilal V State of Bihar
(d) D.S Grewal V State of Punjab
84. The doctrine of judicial review was propounded for the first time in the famous case of
(a) Miranda V Arizona
(b) Plessy V Ferguson
(c) Marbury V Madison
(d) McEldowney V Forde
85. The term ‘judicial activism’ was first coined in 1947 by
(a) Arthur Schlesinger Jr
(b) Theodore Roosevelt
(c) Robert Fogel
(d) Bernard Bailyn
86. As per the provisions of the Right to Information Act, 2005, when the information
sought for, concerns life and liberty of a person, the same should be provided within ____ of
the receipt of the request.
(a) 7 days
(b) 5 days
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(c) 48 hours
(d) 24 hours
87. The Right to Information Act, 2005, applies to
1. Public authorities only
2. Government instrumentalities only
3. Private institutions
(a) 1 only
(b) 2 only
(c) 1 & 2 only
(d) all of the above
88. The Central Vigilance Commissioner shall hold office for a term of
(a) 4 years or till he attains the age of 65 years
(b) 5 years or till he attains the age of 62 years
(c) 6 years or till he attains the age of 65 years
(d) 6 years or till he attains the age of 62 years
89. Who among the following does not a member of the committee constituted for the
appointment of Central Vigilance Commissioner
(a) The Minister of Home affairs
(b) The Minister of Law
(c) The leader of opposition
(d) The Prime Minister
90. The curative petition has to be first circulated to the Bench of how many senior most
judges of the Hon’ble Supreme Court
(a) 5
(b) 4
(c) 3
(d) 2
91. Postnatal publicity is one of the four components of which control mechanism of
delegated legislation
(a) Administrative control
(b) Parliamentary control
(c) Judicial control
(d) none of the above
92. Antenatal publicity required by the enabling Act attracts the application of Section 23
of
(a) Co-operative Societies Act, 1912
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(b) General Clause Act, 1897
(c) Indian Contract Act, 1872
(d) None of the above
93. Administrative law is a branch of
(a) Public law
(b) Private law
(c) Statutory law
(d) Customary law
94. Which of the following is related to personal freedom
(a) Mandamus
(b) Certiorari
(c) Habeas Corpus
(d) Quo-Warranto
95. Administrative Tribunals were established to discharge the
(a) Judicial functions
(b) Quasi-judicial functions
(c) Legislative functions
(d) all of the above
96. The post of Central Vigilance Commissioner was created on the recommendations of
(a) Santhanam Committee
(b) Administrative Reform Committee
(c) Ranganathan Committee
(d) Malimath Committee
97. Who said ‘Administration is the activities of groups cooperating to accomplish common
goals’
(a) Stone
(b) Herbert Simon
(c) Salmond
(d) Coke
98. Administrative law is classified into
(a) 3 types
(b) 4 types
(c) 5 types
(d) 6 types
99. Cancellation of license is which type of action in accordance to Administrative law
(a) Quasi-judicial
(b) Quasi-legislative
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(c) Purely administrative
(d) none of the above
100. Which of the following is not a characteristic of a purely administrative action
(a) Delegation and sub-delegation is permitted
(b) decisions are subjective as per prevalent situation
(c) absence of discretionary power
(d) based on government policy
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ANSWER KEY
1 B 36 B 71 C
2 C 37 D 72 D
3 D 38 B 73 C
4 B 39 D 74 D
5 D 40 C 75 C
6 D 41 D 76 A
7 A 42 A 77 D
8 C 43 C 78 C
9 B 44 D 79 D
10 D 45 B 80 A
11 D 46 A 81 B
12 B 47 C 82 C
13 C 48 B 83 B
14 A 49 A 84 C
15 B 50 B 85 A
16 C 51 C 86 C
17 B 52 A 87 C
18 C 53 B 88 A
19 A 54 C 89 B
20 D 55 D 90 C
21 C 56 B 91 A
22 B 57 D 92 B
23 D 58 A 93 A
24 C 59 D 94 C
25 B 60 B 95 B
26 A 61 D 96 A
27 B 62 A 97 B
28 C 63 C 98 A
29 B 64 D 99 A
30 C 65 A 100 C
31 B 66 C
32 D 67 A
33 C 68 B
34 C 69 C
35 B 70 A
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