Dr S D Panchal, Asst Prof , DCLL MCQ Question Bank 1---- Administrative Law

Dr S D Panchal, Asst Prof , DCLLMCQ Question Bank 1---- Administrative LawPrepared byDr Shubhangi Panchal, Asst ProfDayanand College of Law, LaturQ1 'Administrative law is a law concerning the powers and procedures ofadministrative agencies including especially the law governing judicialreview of administrative action'. This definition is given byA Ivor JenningsB K C DavisC H WR WadeD Cessare Becarria.Q2 Which of the following is FALSE statement?A the primary function of administrative law is to restrict the governmentalpowersB the administrative law seeks to protect private interest and rights fromencroachment of StateC Administrative law governs relation between Government and citizensD Administrative law is the law concerning organisation and functions ofgovernment at rest.Q3 Which of the following is not the meaning of 'Rule of law' according to A VDiceyA Supremacy of lawB Equality before lawC Pre-dominance of legal spiritD Wide discretionary powers1

Dr S D Panchal, Asst Prof , DCLLQ4 A V Dicey criticized which legal system?A English legal systemB French legal systemC Australian legal systemD American legal systemQ5 Which one of the following is NOT the drawback concept of Rule of Law asgiven by A V DiceyA Failure to distinguish between arbitrary power discretionary powerB Misunderstood the real nature of droit administratifC Did not recognise the existence of Administrative law in EnglandD did not support supremacy of law.Q 6 . is considered to be the doctrinal barrier for development ofAdministrative law in USAA Rule Of LawB Separation Of PowersC Doctrine Of PleasureD Henry VIII clauseQ 7 The doctrine of Separation Of Power was systematically propounded byA Montesquieu in his book The Spirit of LawsB Plato in his book The Social ContractC Aristotle in his book The Spirit of LawsD Montesquieu in his book The Constitution.2

Dr S D Panchal, Asst Prof , DCLLQ8 Doctrine of separation of powers meansA one organ of the government should not exercise the function of the otherB one organ of the government should not control or interfere with theexercise of its functions by another organC same persons should not form part of more than one of the three organsof the governmentD all of the aboveQ9 The functions of the executive can be classified asA Delegated legislationB Quasi judicial functionC Discretionary functionsD All of the aboveQ10 Which of the following is true?A The legislative order has to be publishedB For Quasi judicial decisions reasons may not be givenC The duty to give reasons applies to legislative ordersD the administrative powers cannot be sub delegated.Q11 Which of the following is not held to be a quasi- judicial function /A Determination of citizenshipB Disciplinary proceedings against studentsC Determination of disqualification of members of parliamentD An order of preventive detention3

Dr S D Panchal, Asst Prof , DCLL12 The delegated legislation means .Which of the following is false?A the exercise by subordinate agency of legislative power delegated to itB The subsidiary rules made by the subordinate authorities in persons of thepower conferredC The power of Central Government to make rules and regulationsauthorised by the parent actD The amendment made to the Act to suit the changing conditions.Q13 'Delegatus non protest delgare' meansA The delegate not protest against the authorityB The delegate does not have potential for making lawsC The delegate cannot further delegateD The delegate can further delegateQ14 The principle that by exercising the power of modification the delegatecannot change the legislative policy was developed in the case ofA R v BurahB Delhi Laws Act 1912, Re AIR 1951 SCC Ram jawaya Kapur v State of Punjab 1955 SCD None of the aboveQ15 Which of the functions may not be delegatedA CommencementB Inclusion and exclusionC Application of existing lawsD Essential legislative functions4

Dr S D Panchal, Asst Prof , DCLLQ 16 Which of the following functions are permissible delegationsA Future ActsB Imposition of taxC Supplying of detailsD Ouster of jurisdiction of CourtQ17 Which of the following is correct definition of ‘Audi alteram partem’?A Listening to the appealB Right of fair hearingC Right to know reasons of decisionD All of the aboveQ 18 Which of the following is/are the requisite conditions for a contract madein the exercise of executive power of the centre?A The contract must be expressed to be made by the presidentB The contract is to be executed in such manner and by such person as thePresident may directC The contract must be entered on behalf of the PresidentD All of the aboveQ19 Which of the following is true when a government contract which does notconform to the provisions of Art 299 of the Constitution?A the contract is not enforceable in Court against the partiesB the contract is voidable at the option of both the partiesC the contract is void5

Dr S D Panchal, Asst Prof , DCLLD none of the aboveQ20 Which of the following is write definition of the phrase Nemo judex incausa suaA no man is capable of rendering judgement on himselfB no man shall be a judge in his own causeC no man can punish himselfD proper justice can be done if the judge is related to the partyQ21 Which of the following is not a control on delegated legislationA JudicialB LegislativeC Doctrine of ultra viresD Doctrine of lifting of veilQ22;Which of the following is not the ground of procedural ultra viresA Non Publication of rulesB No consultationC Sub delegationD None of the aboveQ 23 Which of the following is NOT the ground for substantive ultra vires?A Where parent Act is unconstitutionalB Where parent act delegates essential legislative functionsC Where delegated legislation is arbitraryD where mandatory consultation process is not complied with6

Dr S D Panchal, Asst Prof , DCLLQ24 Principles of natural justice are NOT applicable against which of thefollowing actions ?A Administrative actionsB Rule making actionC Quasi judicial actionsD Judicial processQ25 '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 inwhich case?A A K Kraipak v Union of IndiaB M C Mehta v Union of IndiaC A K Gopalan v Union of IndiaD None of the aboveQ26 Which of the following is NOT a type of biasA Pecuniary biasB Personal biasC Judicial obstinacyD None of the aboveQ27 Which of the following is NOT an essential component of the doctrine ofAudi alteram partem?A Right of noticeB Oral hearing7

Dr S D Panchal, Asst Prof , DCLLC Reasoned decisionD Both A and B.Q28 When personal hearing is given by one officer and order is passed byanother officer, which of the following principle/s of natural justice is/areviolatedA Rule against biasB Right to hearingC Reasoned decisionD all of the aboveQ29 The Administrative tribunal have been recognised under which of thefollowing articles of the constitutionA Art136 and Art 227B Art 323 A and 323 BC all of the aboveD Art 32Q30 Which of the following statements is true?A All Courts are tribunals but all tribunals are not CourtsB Tribunals are not bound by the decisions of Supreme CourtC A tribunal is established by governmentD Tribunals are not bound by principles of natural justiceQ31Acting under dictation, non-application of mind, imposing fetters ondiscretion, sub delegation are examples of which of the followingA Excess or abuse of discretion8

Dr S D Panchal, Asst Prof , DCLLB Failure to exercise discretionC Order based on mixed considerationD None of the aboveQ32 excess or abuse of discretion can be through which of the followinggroundsA Living out relevant considerationB Arbitrary actionC Exceeding jurisdictionD All of the aboveQ33 The case of Air India v Nergesh Meerza relating to termination of serviceon ground of first pregnancy is a classic example of .A Acting under dictationB UnreasonablenessC Excess of jurisdictionD Non observance of principles of natural justiceQ 34 Which of the following is NOT an essential to issue writ of mandamusA Legal duty of authorityB Refusal to do the dutyC Legal right of the petitionerD It lies against private individualQ35 When the court finds that the order is suffering from error apparent on faceof the record, which of the following writs can be issued?A Writ Of Habeas Corpus9

Dr S D Panchal, Asst Prof , DCLLB Writ Of MandamusC Writ Of CertiorariD Writ Of Quo WarrantoQ36 the institution of ombudsman originated in 1809 atA FranceB SwedenC GermanyD AustraliaQ 37 The tortious liability of the government is recognised in the Indianconstitution byA Art 298B Art 294C Art 323D Art 299Q 38 The tortious liability of the State was NOT recognised in which of thefollowing cases?A State of Rajasthan vs VidyawatiB Kasturi Lal vs State of Uttar PradeshC State of Gujarat vs Memon Mohammed HajiD Railway Board vs Chandrima DasQ 39 The public corporation can be held liable under which of the following theliability/ies?10

Dr S D Panchal, Asst Prof , DCLLA Liability in contractsB Liability in tortsC Liability for crimesD All of the aboveQ 40 Which of the following statements are false?1 The Public Corporation can be sued in the court of law2 Public Corporation is not 'State' under Art 123 The doctrine of ultra vires is applicable to public corporations4 Servants of the government company are civil servants under article 311of the constitution?A 1, 4 are falseB 2 and 4 are falseC 2 and 3 are false.D None of the above11

Dr S D Panchal, Asst Prof , DCLLANSWER KEY 1QUESTION 2930Correct optionanswerBDDBDBADDADDCBDCBDABDCDBADBBCA12

Dr S D Panchal, Asst Prof , DCLL31323334353637383940BDBDCBBBDB13

MCQ Question Bank 1---- Administrative Law Prepared by Dr Shubhangi Panchal, Asst Prof Dayanand College of Law, Latur Q1 '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