0% found this document useful (0 votes)
32 views14 pages

Administration Law

The document outlines various topics related to Administrative Law in India, including the scope of judicial control over delegated legislation, the role of the judiciary in reviewing government contracts, and the principles of natural justice. It discusses the significance of administrative law in a social welfare state, the classification of administrative actions, and the rights and liabilities of public corporations. Additionally, it examines the relationship between administrative law and constitutional law, as well as the implications of delegated legislation and the concept of bias in administrative functions.

Uploaded by

abhinaya24396
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
32 views14 pages

Administration Law

The document outlines various topics related to Administrative Law in India, including the scope of judicial control over delegated legislation, the role of the judiciary in reviewing government contracts, and the principles of natural justice. It discusses the significance of administrative law in a social welfare state, the classification of administrative actions, and the rights and liabilities of public corporations. Additionally, it examines the relationship between administrative law and constitutional law, as well as the implications of delegated legislation and the concept of bias in administrative functions.

Uploaded by

abhinaya24396
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 14

Administration law

Part A
1. There is no rigid separation of power in India" - Critically
examine with the doctrine of checks and balances.
2.Examine the scope of judicial control over delegated
legislation in India with the help of decided cases.
3.Describe the extent of Judiciary in reviewing the Government
contracts and cite relevant case laws.
4.The twentieth century had witnessed a phenomenal growth
in the powers and functions of the state' - Explain the nature
and scope of Administrative law in an era of 'Social Welfare
State'.
5.”The administration is the meeting point of the 3 types of
governmental functions namely legislative, judicial and
administrative" - Explain from the above statement whether
classification of administrative action is essential in the
modern context to pursue proper remedy.
6.Explain with decided case, the kinds of official bias in
administrative functions.
7.Examine the nature and scope of Administrative Law.
8.”The Rule of Law requires that the Government should be
subject to the law, rather than the law subject to the
Government" - Discuss.
9.Examine the rights and liabilities of Public Corporations with
the help of decided case laws.
10.Define Administrative Law and analyse its nature and scope
with reference to its characteristics.
11.Analyse the essential characteristics of Delegated
Legislation and enumerate the permissible delegation and non-
permissible limits upon the legislature.
12.Nemo Debet Esse Judex in Propria Causa Sua" is one of the
cardinal principles of natural justice. Examine the basic tests of
Bias and its types with the help of decided cases.
13.In a parliamentary democracy it is the function of the
legislature to legislate. If it seeks to delegate its legislative
powers to the executive hecause of some reasons, it is not
only the right of the legislature, but also its obligation, as
principal, to see how its agent carries out the agency entrusted
to it" - Discuss.
14.Examine the scope and extent of judicial review on
administrative discretion.
15.Explain the various modes of control over Public
Corporations.
16.Examine the reasons for the growth of delegated legislation
and explain the constitutional limitations on delegation of
legislative powers.
17.”The rapid growth and development of administrative law in
India has become the foundation stone of modern political
philosophy" - Explain.
18.”Even in the absence of Article 21, in the Constitution, the
State has got no power to deprive a person of his life and
liberty without the authority of law". Examine the statement in
light of Dicey's rule of law.
19.Critically examine the extent of judicial control over
delegated legislation.
20.Explain with decided cases the different kinds of bias.
21.Discuss the liability of the state for the torts committed by
its servants in India with decided cases.
22."The object of Administrative Law is the operation and
control of administrative authorities" - Discuss.
23.Critically examine the scope of Parliamentary Control over
delegated
Legislation.
24.”The traditional doctrine of Sovereign immunity has no
relevance in the Modern age when the concept of Sovereignty
itself has undergone drastic change" - Discuss this statement
with regard to the liability of State for the torts committed by
its servants in India.
25."There is no rigid separation of power in India" - Critically
examine with the doctrine of checks and balances.
26.Examine the scope of judicial control over delegated
legislation in India with the help of decided cases.
27.Describe the extent of Judiciary in reviewing the
Government contracts and cite relevant case laws.
28.The twentieth century had witnessed a phenomenal growth
in the powers and functions of the state' - Explain the nature
and scope of Administrative law in an era of 'Social Welfare
State'.
29.”The administration is the meeting point of the 3 types of
governmental functions namely legislative, judicial and
administrative" - Explain from the above statement whether
classification of administrative action is essential in the
modern context to pursue proper remedy.
30.Explain with decided case, the kinds of official bias in
administrative functions.
31.'One of the most significant developments of the present
century is the growth in the legislative powers of the
executive' - Illustrate with decided case laws how far
delegation of legislative power is permissible in India.
32.Discuss in detail the theoretical doctrine of separation of
powers and its practical applicability by different countries.
33.Natural justice, like ultra vires and public policy is a branch
of public law and is a formidable weapon, which can be
wielded to secure justice to the citizen' - Examine how the
principle of natural justice constitutes parameters of fairness.
34."Administrative Law is the law relating to the
administration. It determines the organisation, powers and
duties of the administrative authorities" - Elucidate.
35.Examine the scope and effectiveness of judicial control over
delegated legislation in India.
36.”Today the doctrine of promissory estoppel applies to
Government and its officers in the same manner it applies to
private individuals" - Elucidate.
37."Administrative law is the law relating to the administration.
It determines authorities", Elucidate.
the organization, powers and duties of administrative
38.Define delegated legislation. "Delegated legislation can be
tested for its validity both by the sovereign and the judges".
Refer to decided cases.
39.Examine the scope of Promissory Estoppel in administrative
decisions.
40.Define Administrative Law. Describe the reasons for growth
of Administrative Law in India.
41.Describe how far the Writ of Mandamus and Writ of
Certiorari are employed to check the administrative discretion.
Refer to decided cases.
42.Examine how far the State is liable for the tortious acts of
its servants.
43.Define delegated legislation. Explain the permissible limits
of delegation of legislative power. Refer to important cases.
44.Define 'Administrative discretion. Explain the grounds of
Judicial review of administrative discretion in India.
45.How public corporations may be classified? Examine the
various controls over them.

Part B
1. Explain the permissible limits of delegated legislation in
India.
2. Describe the importance of writ of certiorari to control
administrative action.
3. Examine how the liberalization of locus standi has
helped to protect rights of individuals from administrative
actions.
4. Explain with case laws when a oral hearing is necessary.
5. Distinguish between judicial and Quasi judicial functions.
Discuss when an authority is required to act judicially.
6. What is Tribunal? Discuss the scope of High Court's
supervisory jurisdiction under Article 227 of the Indian
Constitution.
7. Explain the scope and extent of the privileges of the
Government to withhold production of documents before
the Court of law.
8. Discuss the significance of Certiorari as a means of
controlling administrative action.
9. "The various components of fair hearing are not fixed but
are flexible".
Examine this statement with regard to scope and
applicability of fair hearing in administrative adjudication.
10. Analyse the process of Judicial Review with
reference to the Doctrine of Legitimate Expectation and
Doctrine of proportionality.
11. Define promissory estoppel and analyse its
applicability and limitation against Government with the
use of decided cases.
12. Examine the concepts of liability of the State in
torts and its limitations in India
13. Discuss the significance of the writ of certiorari as a
means to control administrative action.
14. Examine the privilege of the Government to
withhold production of documents in the court.
15. *In the area of Government Liability in India, the
principle of sovereign and non-sovereign functions of the
State is a justice blasphemy which leads to absurd and
arbitrary results" - Examine the above statement in the
light of tortious liability of the State.
16. "Audi alteram partem is a sine qua non of fair
hearing" - Discuss.
17. Explain the juristic status of Public Corporations in
India relating to their liability in 'Tort' and 'Contract.
18. Discuss the scope of judicial review of
Administrative discretion in the light of fundamental
rights.
19. Explain the nature of writ of mandamus and
examine its role in controlling administrative actions.
20. What is meant by 'Public Corporation"? Discuss the
controls exercised by the government on the public
corporation.
21. Explain the origin, scope and functions of the
institution of Ombudsman.
22. Compare and contrast writ of certiorari and suit for
declaration.
23. Examine the rights, duties and liabilities of public
corporations in India.
24. Explain the reasons for the growth of tribunals in
India. Distinguish between a statutory tribunal and a
domestic tribunal.
25. Explain the permissible limits of delegated
legislation in India.
26. Describe the importance of writ of certiorari to
control administrative action.
27. Examine how the liberalization of locus standi has
helped to protect rights of individuals from administrative
actions.
28. Explain with case laws when a oral hearing is
necessary.
29. Distinguish between judicial and Quasi judicial
functions. Discuss when an authority is required to act
judicially.
30. What is Tribunal?Discuss the scope of High Court's
supervisory jurisdiction under Article 227 of the Indian
Constitution.
31. What is administrative discretion? Explain the
grounds for attacking the exercise of administrative
discretion.
32. Explain the nature of the process involved in the
removal of judges of the Supreme Court of India.
33. Discuss in detail the tortious liability of the state
and explain how far through its interpretative role
judiciary has enhanced compensatory jurisprudence.
34. Examine the significance of the Writ of Mandamus
as a means to control the administrative action.
35. Discuss the contractual liability of the Government
and state how far
"doctrine of unjust enrichment" is applied in Government
contracts.
36. Briefly explain the parliamentary and Government
control over public corporations.
37. "There is no rigid separation of power in India" -
Examine. /
38. Describe the liability of state for the tort committed
by its servants in India.
39. Examine the rational behind the institutionalization
of Lokpal in India.
40. Explain the relationship between administrative law
and Constitutional law in India.
41. Examine the limitations for delegated legislation in
India.
42. Describe the application of promissory estoppel in
administrative proceedings.
43. What is bias? Explain the different types of bias.
44. What is meant by Promissory estoppel? Explain its
scope in Administrative law.
45. Highlight the significance of the writ of certiorari as
a means to control administrative action.

Part C
 New Despotism
 Statutory Remedies
 Franks Committee
 Legitimate Expectation
 Administrative Tribunal
 Doctrine of ultra vires
 Promissory Estoppel
 Writ of Certiorari
 Doctrine of necessity
 Ombudsman
 Dicey's rule of law
 Committee on Subordinate legislation
 Administrative directions
 Central Vigilance Commission
 Domestic Tribunal
 Sovereign functions
 Droit Administratif
 Doctrine of proportionality
 Public Interest Litigation
 Administrative Directions
 Colourable exercise of power
 Injunction
 Parliamentary committees
 Droit administratiff
 Public Interest Litigations
 Lokayukta and Lokpal in India
 Committee on Minister's Powers.
 Doctrine of Separation of Powers.
 Distinguish between Administrative and Legislative
Functions of Administrative Authority.
 Conditional Legislation.
 Institutional Decision.
 ( High Court's power to review decisions of Tribunals.
 Lokpal and Lokayukta
 Injunction.
 Ombudsman.
 Administrative Tribunals.
 Maneka Gandhi ve UOI.
 Public Interest Litigation.
 State of Rajasthan v. Vidhyawathi.
 Separation of powers.
 Rule of law
 Crown's Privilege
 Promissory estoppel
 Ouster of Jurisdiction
 S.P. Sampath Kumar V. Union of India
 Locus standi
 Tribunal
 Rule of Law
 Donoughmore Committee
 Promissory estoppel
 Ouster of jurisdiction
 Privileges of government in legal proceedings
 Conditional legislation
 Post - decisional hearing
 Chintaman Rao v. State of M.P.
 Rudal Shah v. State of Bihar.
 Legitimate Expectation
 Doctrine of ultra vires
 Promissory Estoppel
 Writ of Certiorari
 Ombudsman
 Committee on Subordinate legislation
 Droit Administratif
 Largesse
 Writ of Mandamus
 Doctrine of Legitimate Expectation
 Lok pal.
 Rule of Law
 Rule against Bias
 Conditional legislation
 Speaking order
 Doctrine of legitimate expectation
 Ombudsman
 High Court's power to review Decisions of Tribunals.
 Riden -Ve - Buldwin,
 Institutional decision,
 Hes judients in writ proceadings.
 Conseil D'Etat.
 Franks Committee.
 Henry VIII clause.
 Legitimate expectation.
 Domestic tribunal.
 Queen - Vs - Burah.
 Chintaman Rao - Vs - State of M.P.
 Conditional legislation.
 Locus Standi in P.I.L.

Part D
1. The Petitioner alleges violation of 'audi alteram partem'
as her passport. was impounded without a notice or
opportunity of being heard. The government accepts to
give a hearing post dated. Decide about the validity of
government's action.
2. The development authority of India made allotment of
land to cooperative societies in the order of seniority on
the basis of date of registration. New criteria were laid
down whereby seniority was to he determined with
reference to date of approval of the members of the
society by the Registrar.This was challenged as arbitrary
by the petitioners as they are legitimately entitled to
expect continuation of old regulation. Advise the
government.
3. The election of a candidate to state legislature was
challenged for disqualification under Representation of
People Act 1951 on the ground that there exists a
contract between her and the government. The candidate
argues that the contract is void as it did not comply with
Constitution under Art 299(1), so as her election is valid.
Give your opinion.
4. A Committee was appointed to enquire into allegations of
professional misconduct against Mr. Raju. The Committee
conducted the enquiry and submitted its report. But Mr.
Raju files a petition to quash tha report of the enquiry
committee as one of the committee members was having
personal enmity with Raju. - Discuss.
5. A Parent Act empowered Municipality to charge fee only
for the use and occupation of some property of the
Committee. In this regard the parent Act conferred
powers on the Town Area Committee to frame bye-laws
The Committee framed bye-laws and imposed levy on
wholesellers irrespective of any use or occupation of
property by them. Decide the validity of the bye-laws
framed by the Committee.
6. A relevant Statute required a licence to do ship repair
work. An assurance was given by the concerned official to
one Mr. Ram that to such Licence was necessary. Later,
Mr. Ram sued for payment of work done by him. But it
was contended that the work was illegal as no written
licence was obtained by him. Ram challenged this on the
ground of the doctrine of estoppel. Decide.
7. 'A' entered into a contract with the State Financial
Corporation for a loan Rs.5 crores for the construction of
a hotel. On that basis by spending his own money 'A'
started the construction work. The loan was refused by
the corporation which had been previously sanctioned.
Advice 'A' as to the kind of remedy available to him.
8. The hearing and submission of objections was dispensed
with, in the case of acquisition of a private land by the
Government, on the ground of urgency. Decide about the
validity of such action taken by the Government.
9. District Collector who was the Chairman of the
Regional Transport Authority granted motor vehicles
permit to a co-operative society, to which he was also the
President. Analyse the vaiidity of this permit with
adequate reasons.
10. The Parent Act empowered the Collector to make
regulations for regulating or prohibiting the manufacture
of bidis during agricultural season with a view to improve
agriculture. The Collector issued an order prohibiting the
manufacture of bidis during agricultural season to divert
labour into agriculture. Decide the validity of the order
passed by the Collector.
11. The Government appointed a Committee to
investigate into the affairs of the Krishna Mills under
Section 15 of the Industrial (Development and
Regulation) Act, 1951. The Committee Submitted its
report to the Government after giving a reasonable
opportunity of hearing to the Krisha Mills. On the basis of
the report, the management of the Krishna Mills was
taken over by the Government under Section 18-A of the
Act of 1951 without supplying the copy of the report of
the Committee. The decision of the Government was
challenged on the ground that the report of the
Committee was not furnished to them. Decide.
12. The Municipal Act required that any person carrying
on the business of running a market could do so only
under a licence issued by the Corporation. The State of
Marutham, was carrying on the trade of a daily market
without obtaining a licence from the Corporation as
required by the Act. The corporation filed a complaint
against the State of Marutham. Decide.
13. The Government has announced that the new
industrial units in the State would be granted exomption
from payment of tax for a period of hate yours. Acting on
the above assurance K established a factory.
Later the Government withdraws the said benefit. "K'
wants to approach the court. Advise him.
14. Gold belonging to plaintiff was seized by police on
the ground that it isa stolen property and placed it in
police custody. A policeman ran away with this gold kept
in custody. Later it was discovered that the gold is not
stolen property. When the plaintiff claimed back the gold
the police said that they were helpless. Thereupon the
plaintiff files a case against the State for negligence. The
State claims immunity. Decide.
15. Some male students of a medical college
trespassed into the women's hostel and maltreated the
lady students. An enquiry was conducted against the
male students and five of them were expelled. The
decision was reached on the basis of evidence adduced
by the female inmates of the ladies hostel. The girls
identified the photographs of the male students. The
accused male students were not allowed to be present at
the time of taking evidence. Against their expulsion the
dismissed students file an original petition to the High
Court. Will they succeed?
16. Mr. X, a civil servant, against whom a departmental
enquiry was conducted for the misconducts committed
by him requested in the enquiry to permit him to be
represented by a lawyer. The same was denied stating
that the service rules do not permit such thing. He
challenged before the court. - Decide
17. The parent Act authorises the district collector to
frame rules prohibiting manufacture and sales of
beverages without fruit juice within the limits of the
District. The same was challenged. - Decide.
18. M/s. Tech Ltd., constructed a building for the
government office. The officers of the government
obtained possession of the same and used it as office of
District Revenue authorities. No payment was made to
M/s. Tech Ltd., the contractor. Government denied
payment on the ground of non-fulfillment of conditions
under Article 299. M/s. Tech Ltd., filed a case for recovery
of amount - Decide.
19. The parent Act empowered the municipality to
charge fee only for the use and occupation of some
property of the committee, but the town area committee
framed bye-laws and imposed levy on whole sellers
irrespective of any use of occupation of property by them
- Decide the validity of the bye-laws of town area
committee.
20. In an examination conducted by Public Service
Commission, a candidate named Raghu wrote his roll
number not only on the cover page in the space provided
for but on every page of the answer book, contrary to
clear instructions. The commission refused to evaluate
his answer book and cancelled his examination without
giving him any opportunity of hearing.Raghu challenges
that the cancellation of his examination without giving
him hearing, amounted to violation of Natural Justice -
Decide.
21. A notification was issued under the Customs Act,
exemption from payment of customs duty 1962
permitting on certain raw imported from foreign
country.materials The notification was issued in public
interest and it was to remain in force for 3 years.
Subsequently the exemption was withdrawn before the
expiry of the period again in public interest - Decide the
validity of the Government's action.
22. "A' is arrested for a non-bailable offence and kept
as under-trial prisoner.He was acquitted in 2009. But he
has not been released till date. 'A's mother filed a writ for
want of Habeas corpus and compensation. Is it
maintainable? Decide.monetar.
23. Selvan Nilavan, a final year student was debarred
and prevented to enter inside the college premises by
the institution for a pendency of non-compoundable
criminal case against him in 2013. The decision of the
institution was challenged on the ground that he was not
given an opportunity. Decide.
24. 'A', a head constable in Tamil Nadu Police Service,
scolded a Assistant commissioner of K-4 Police Station in
the same department using unparliamentary words.The
police department appointed a superintendent of police
as an enquiry officer for fact finding.Decide the validity of
such appointment.
25. The Petitioner alleges violation of audi alteram
partem as her passport.
Was impounded without a notice or opportunity of being
heard. The government accepts to give a hearing post
dated. Decide about the validity of government's action.
26. The development authority of India made allotment
of land to cooperative societies in the order of seniority
on the basis of date of registration. New criteria were laid
down whereby seniority was to be determined with
reference to date of approval of the members of the
society by the Registrar.
This was challenged as arbitrary by the
petitioners as they are legitimately entitled to expect
continuation of old regulation. Advise the government
27. The election of a candidate to state legislature was
challenged for disqualification under Representation of
People Act 1951 on the ground that there exists a
contract between her and the government. The candidate
argues that the contract is void as it did not comply with
Constitution under Art 299(1), so as her election is valid.
Give your opinion.
28. A provision in the service rules requiring a female
employee to obtain the permission of the government in
writing before her marriage and denial of appointment on
the ground of marriage was challenged as violative of the
Constitution. Decide.
29. Election Commission issues a directive to chief
electoral officers to invite leaders of political parties for
meeting to consider their grievances pertaining to
electoral rolls. The officers did not comply with and failed
to hold such a meeting. This was challenged as violative
of rights and obligations under Election Law. Decide.
30. A notification was issued under the Customs Act
1962 exempting goods from import duty for certain
period. Prior to the expiry of the period, the fiscal policy
changed and the government issued another notification
withdrawing exemption and imposed customs duty. The
petitioners allege that the government did not comply
with its promise, that has resulted in huge losses. Give
your advice to government.
31. A draft rule was framed based on a Parent Act and
to give effect for implementation it must be notified in
the Government gazette and published in a local
newspaper for circulation. However in the present case, it
is notified in the government gazette, but not published
and circulated in the local newspaper. Discuss the validity
of its notification.
32. An enquiry was commenced by the General
Manager of the factory against a workman. After some
witnesses had been examined, the Managing director
took over the enquiry and examined the General
Manager as a witness and gave his decision of dismissing
the workman.
The workman challenged the order of dismissal. Decide.
33. Some ornaments were stolen from the house of
Raman. They were recovered by the Police authorities
and kept in the police custody under the orders of a
magistrate. The ornaments were, however, stolen from
police custody before the disposal of the case. Raman
filed a case for the return of the ornaments or their
equivalent value. Decide.
34. Punjab government issued an executive order
stating that all the text books of the schools and college
are taken over by the state and except the government
no one can publish and sell the text books .by the
executive order ,the publisher and seller challenge the
constitutional validity of the executive order .decide
35. The General Sales Tax Act empowers the
Government to impose tax on cellulose limiting that the
percentage of tax shall not exceed 10% M/s Suresh Mills
challenged the Act on the ground that such power cannot
be delegated to the Government. Decide.
36. M/s Rainbow Colours Ltd. entered into a contract
with the Government for supplying the police uniforms,
The contract was signed by the Inspector General of
Police in his official status, When the amount for the
material supplied was claimed the Government
contended that the contract is invalid and void. Advise
M/s Rainbow colors Ltd.
37. The Punjab government appointed a committee to
select book for supplying all the government aided
schools and colleges in the State. some of the members
of the committee were themselves author's of some text
books, were selected for purchasing. A bidding publisher
challenges the decision of the committee. Decide.
38. R' a government servant was compulsorily retired
from service by giving three months notice under rule 56
without furnishing any reasons. 'R' challenged rule 56 as
violative of Article 311 of the constitution of India. Will he
succeed? Decide.
39. An interview board was constituted with 5 members
including 'A's father to recruit teacher. 'A' himself a
candidate for the interview.
The interview was conducted on 20.04.2015 and 'A' was
selected by the board without 'A's father when he was
admitted for treatment. The candidate who was not
selected challenged the interview's board decision.
Decide.
40. X' a government employee was travelling in a
government vehicle used or famine relief work. Due to
the negligence of the driver of the vehicle then was an
accident in which X' lost his life. Widow of X' sued for
damage The state contended that it was not liable as it
was engaged in performing sovereign function. Decide.
41. 'A' was appointed as the chairman of the Taxation
Tribunal on a temporary basis until a regular chairman is
appointed. However a little later the Tribunal itself was
abolished. 'A' sued the state for compensation pleading
that the doctrine of legitimate expectation is applicable.
Decide.
42. The parent Act has stipulated consultation with
mining Board befor promulgation of rules made under the
Act. The Government has sent rus in draft form to the
Board. Since the Board did not respond for some tim the
Government construed it to be consent for the rules and
finally promulgated the rules. The rules are challenged as
ultravires. Decide.

You might also like