Common LLB Examination
Administrative Law
5
General Instructions
- Answer all questions in Part A and Part D.
- Answer any four questions from Part B.
- Answer any one question from Part C.
- Support your answers with relevant case law and statutory provisions.
- Marks are indicated against each question.
Part A – Short Answer Questions
Answer all ten questions. Each carries 2 marks.
Define 'administrative action' and distinguish it from 'quasi-judicial action'.[2 Marks]
What is meant by the doctrine of 'colourable legislation' in the context of delegated legislation?[2 Marks]
State the essential conditions for the issuance of a writ of habeas corpus.[2 Marks]
What is 'promissory estoppel' in administrative law? State its limitations.[2 Marks]
Define the concept of 'institutional bias' and distinguish it from 'personal bias'.[2 Marks]
What are the exemptions under Section 8 of the Right to Information Act, 2005?[2 Marks]
Explain the meaning of 'locus standi' in the context of judicial review.[2 Marks]
What is the difference between 'conditional' and 'unconditional' delegation of legislative power?[2 Marks]
Define 'writ of mandamus'. Against whom can it not be issued?[2 Marks]
What is the concept of 'wednesbury unreasonableness' in administrative law?[2 Marks]
Part B – Descriptive/Analytical Questions
Answer any four questions out of five. Each carries 10 marks.
Examine the growth and development of the concept of Rule of Law from Dicey to the modern Indian context. How has the Supreme Court of India expanded the scope of Rule of Law through its interpretation of Articles 14 and 21? Refer to E.P. Royappa v. State of Tamil Nadu (1974) and Bachan Singh v. State of Punjab (1980).[10 Marks]
Discuss the constitutional and statutory controls over delegated legislation in India. Explain the role of 'laying' procedure and committee scrutiny as parliamentary controls. Refer to Registrar, Co-operative Societies v. K. Kunjabmu (1980) and Gwalior Rayon Silk Manufacturing Co. v. Asstt. Commissioner of Sales Tax (1974).[10 Marks]
Explain the five types of writs available under Articles 32 and 226 of the Indian Constitution. Discuss the conditions and grounds for issuing each writ with relevant case law, particularly T.C. Basappa v. T. Nagappa (1954) and Dwarka Nath v. ITO (1966).[10 Marks]
What is the doctrine of separation of powers? Discuss its applicability in the Indian constitutional framework. Is the doctrine strictly followed in India? Explain with reference to Indira Nehru Gandhi v. Raj Narain (1975) and Swaran Singh v. State of U.P. (1998).[10 Marks]
Critically evaluate the effectiveness of the Right to Information Act, 2005 as a tool of administrative accountability and transparency. Discuss the role of the Central Information Commission and its powers. Refer to CBSE v. Aditya Bandopadhyay (2011) and Namit Sharma v. Union of India (2013).[10 Marks]
Part C – Problem/Essay Questions
Answer any one question out of two. Each carries 15 marks.
'A', a government servant, is dismissed from service by a departmental inquiry committee. During the inquiry, the presiding officer was personally hostile towards 'A' due to a prior personal dispute. 'A' was not allowed to cross-examine the witnesses whose statements were relied upon. The dismissal order does not contain reasons. Discuss: (a) Whether the principles of natural justice — particularly the rule against bias (nemo judex in causa sua) and the right to a fair hearing — have been violated; (b) The applicability of the principles laid down in State of Orissa v. Dr. Binapani Dei (1967) and Union of India v. T.R. Varma (1957); (c) What remedies are available to 'A' under administrative law?[15 Marks]
Discuss the liability of the Government in contractual matters. Can the Government claim sovereign immunity in contractual obligations? Analyse the distinction between sovereign and non-sovereign functions of the State with reference to P&O Steam Navigation Co. v. Secretary of State (1861), Union of India v. A.L. Rallia Ram (1963), and Common Cause v. Union of India (1999). Also discuss the relevance of Article 299 of the Constitution in government contracts.[15 Marks]
Part D – Short Note/Case-Based Questions
Answer all five questions. Each carries 5 marks.
Write a short note on the control of discretionary powers of administrative authorities. Refer to S.G. Jaisinghani v. Union of India (1967).[5 Marks]
Explain the concept of 'jurisdictional error' and 'error of law apparent on the face of the record' as grounds for certiorari. Refer to Syed Yakoob v. K.S. Radhakrishnan (1964).[5 Marks]
Discuss the composition, powers, and jurisdiction of the Lokpal under the Lokpal and Lokayuktas Act, 2013. How effective has the institution been in combating corruption?[5 Marks]
Write a short note on the doctrine of 'exhaustion of alternative remedies' in writ jurisdiction. When can this rule be bypassed? Refer to Whirlpool Corporation v. Registrar of Trade Marks (1998).[5 Marks]
Explain the concept of 'public accountability' and the role of the Comptroller and Auditor General (CAG) of India under Articles 148–151 of the Constitution in ensuring administrative accountability.[5 Marks]
