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.
- Refer to relevant case law and statutory provisions wherever necessary.
- Marks are indicated against each question.
Part A – Short Answer Questions
Answer all ten questions. Each carries 2 marks.
Define 'administrative law' and state its relationship with constitutional law.[2 Marks]
What is the doctrine of ultra vires in administrative law?[2 Marks]
Distinguish between 'mandatory' and 'directory' procedural requirements in administrative action.[2 Marks]
What is the writ of quo warranto? State its essential conditions.[2 Marks]
Explain the concept of 'speaking order' in administrative decisions.[2 Marks]
Define 'sub-delegation' of legislative power. When is it permissible?[2 Marks]
What is the rule against bias? Name the two types of bias recognised in administrative law.[2 Marks]
State the significance of Section 4 of the Right to Information Act, 2005.[2 Marks]
What is meant by 'Droit Administratif'? How does it differ from the common law system of administrative law?[2 Marks]
Define 'Lokpal' and 'Lokayukta'. Under which statute are they established?[2 Marks]
Part B – Descriptive/Analytical Questions
Answer any four questions out of five. Each carries 10 marks.
Critically examine Dicey's concept of Rule of Law. To what extent has the Indian Constitution adopted and modified Dicey's formulation? Refer to the decisions in Kesavananda Bharati v. State of Kerala (1973) and A.D.M. Jabalpur v. Shivkant Shukla (1976).[10 Marks]
Discuss the principles of natural justice with special reference to the rule of audi alteram partem and nemo judex in causa sua. Explain how the Supreme Court applied these principles in Maneka Gandhi v. Union of India (1978) and A.K. Kraipak v. Union of India (1969).[10 Marks]
What is delegated legislation? Discuss the constitutional validity of delegated legislation in India. Explain the safeguards against the abuse of delegated legislation with reference to In re Delhi Laws Act (1951) and Hamdard Dawakhana v. Union of India (1960).[10 Marks]
Explain the scope of judicial review of administrative action under Articles 32 and 226 of the Indian Constitution. Discuss the grounds of judicial review — illegality, irrationality, and procedural impropriety — as laid down in Council of Civil Service Unions v. Minister for the Civil Service (GCHQ case, 1985) and its application in India.[10 Marks]
Discuss the doctrine of legitimate expectation in administrative law. How have Indian courts recognised and applied this doctrine? Refer to Food Corporation of India v. Kamdhenu Cattle Feed Industries (1993) and Union of India v. Hindustan Development Corporation (1993).[10 Marks]
Part C – Problem/Essay Questions
Answer any one question out of two. Each carries 15 marks.
A Municipal Corporation demolishes an unauthorised construction without giving the owner any prior notice or opportunity of being heard. The Corporation argues that the construction was blatantly illegal and that no hearing was necessary under the relevant municipal by-laws. The owner challenges the demolition before the High Court. Discuss: (a) Whether the principles of natural justice are applicable even when a statute is silent on the requirement of a hearing, referring to Ridge v. Baldwin (1964) and S.L. Kapoor v. Jagmohan (1980); (b) Whether there are any exceptions to the rule of audi alteram partem, such as urgency or waiver; (c) What relief can the High Court grant in such circumstances?[15 Marks]
Critically analyse the system of administrative tribunals in India under Article 323-A and 323-B of the Constitution. Discuss the impact of L. Chandra Kumar v. Union of India (1997) on the jurisdiction of administrative tribunals and the power of judicial review of High Courts. Do tribunals serve as effective substitutes for High Courts? Evaluate the constitutional validity and functional efficiency of the tribunals system with reference to the Tribunals Reforms Act, 2021 and Union of India v. R. Gandhi (2010).[15 Marks]
Part D – Short Note/Case-Based Questions
Answer all five questions. Each carries 5 marks.
Write a short note on the doctrine of proportionality in administrative law. Refer to Om Kumar v. Union of India (2001).[5 Marks]
Explain the liability of the State in tort under Article 300 of the Indian Constitution. Discuss the ruling in State of Rajasthan v. Vidyawati (1962) and Kasturilal v. State of U.P. (1965).[5 Marks]
Discuss the scope and limitations of the writ of certiorari. How does it differ from the writ of prohibition? Refer to Hari Vishnu Kamath v. Ahmad Ishaque (1955).[5 Marks]
Write a short note on the role and powers of the Ombudsman institution in India. Compare it with the Scandinavian model of Ombudsman.[5 Marks]
Explain the doctrine of separation of powers and its application in the Indian constitutional framework. Refer to Ram Jawaya Kapur v. State of Punjab (1955) and I.R. Coelho v. State of Tamil Nadu (2007).[5 Marks]