Administrative Law - Principles & Procedures
Covers natural justice, judicial review, administrative tribunals, and key doctrines in administrative law
Questions
The ‘removal of difficulties’ clause is nicknamed as the Henry VIII clause to indicate the autocracy of
- judiciary
- executive
- legislative
- state
Speaking order is also known as
- doctrine of proportionality
- doctrine of exhaustion of administrative remedies
- reasoned decision
- doctrine of ripeness
The maxim ‘audi alteram partem’ means
- no man shall be judge in his own case
- everyone is the best judge of his own interest
- make an adjudication fair and impartial
- hear the other side
Which of the following doctrines determines who may properly sue in court?
- Doctrine of standing
- Doctrine of ripeness
- Doctrine of proportionality
- None of these
The doctrines of “mootness” and “ripeness” both deal with _______ it is appropriate for a court to hear a particular case.
- when
- how
- where
- None of these
The concept of post-decisional hearing was evolved in the case of
- Maneka Gandhi v. Union of India
- State of Punjab v. Baktawat Singh
- Liberty Oil Mills v. Union of India
- None of these
The idea of post-decisional hearing has been developed to
- establish supremacy of the Supreme Court
- have a democratic society
- maintain a balance between administrative efficiency and fairness
- None of these
A mandatory procedural requirement for an administrative tribunal must be
- legal representation
- cross-examination
- reasoned decision
- All of the above
What is the element of the doctrine of proportionality in administrative law?
- State measures concerned must be suitable for the purpose of facilitating or achieving the pursued objectives.
- The suitable measures must also be necessary, in the sense that the authority concerned has no other mechanism at its disposal. Thus, it is not the method used which has to be necessary, but "the excessive restriction of freedom involved in the choice of method".
- The measure concerned may not be disproportionate to the restrictions which it involves. The principle of proportionality has been characterised as “the most important general legal principle in the common market law".
- All of the above
Administrative Tribunal exercises
- purely administrative functions
- purely judicial functions
- purely legislative functions
- quasi judicial functions
Judicial review of an administrative action means
- review by the Parliament
- review by the Government
- review by the Legislative Assembly
- review by the Judiciary
Droit administratif is known as the administrative law of
- England
- America
- Canada
- France
The provisions of Administrative Tribunals Act, 1985 shall not apply to
- any member of the naval, military or air force or of any other armed forces of the Union
- any officer or servant of the Supreme Court or any High Court or courts subordinate thereto
- any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature of a House thereof or, in the case of a Union territory having a Legislature, of that Legislature.
- All of the above
In which of the following grounds can the judicial review of an administrative action be made?
(i) Abuse of discretion
(ii) Mala fide
(iii) Irrelevant consideration
(iv) Unreasonableness
- Only (i), (ii) and (iii) are correct.
- Only (i) and (ii) are correct.
- Only (ii) and (iii) are correct.
- All (i), (ii), (iii) and (iv) are correct.
In the exercise of sovereign powers by the servants, the liability of State exists
- in both in India and England
- in India only
- in England only
- neither in India nor in England