Quiznetik

Administrative Law | Set 1

1. '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

Correct : B. k c davis

2. Which of the following is not the meaning of 'Rule of law' according to A V Dicey

Correct : D. wide discretionary powers

3. Which one of the following is NOT the drawback concept of Rule of Law as given by A V Dicey

Correct : D. did not support supremacy of law.

4. The functions of the executive can be classified as

Correct : D. all of the above

5. Which of the following is true?

Correct : A. the legislative order has to be published

6. Which of the following is not held to be a quasi- judicial function

Correct : D. an order of preventive detention

7. 'Delegatus non protest delgare' means

Correct : C. the delegate cannot further delegate

8. The principle that by exercising the power of modification the delegate cannot change the legislative policy was developed in the case of

Correct : B. delhi laws act 1912, re air 1951 sc

9. Which of the functions may not be delegated

Correct : D. essential legislative functions

10. Which of the following is correct definition of ‘Audi alteram partem’?

Correct : B. right of fair hearing

11. Which of the following is true when a government contract which does not conform to the provisions of Art 299 of the Constitution?

Correct : A. the contract is not enforceable in court against the parties

12. Which of the following is write definition of the phrase Nemo judex in causa sua

Correct : B. no man shall be a judge in his own cause

13. Which of the following is not a control on delegated legislation

Correct : D. doctrine of lifting of veil

14. Which of the following is not the ground of procedural ultra vires

Correct : C. sub delegation

15. Principles of natural justice are NOT applicable against which of the following actions ?

Correct : B. rule making action

16. '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 in which case?

Correct : A. a k kraipak v union of india

17. Which of the following is NOT a type of bias

Correct : D. none of the above

18. When a personal hearing is given by one officer and order is passed by another officer, which of the following principle/s of natural justice is/are violated

Correct : B. right to hearing

19. The Administrative tribunal have been recognised under which of the following articles of the constitution

Correct : C. all of the above

20. Which of the following statements is true?

Correct : A. all courts are tribunals but all tribunals are not courts

21. excess or abuse of discretion can be through which of the following grounds

Correct : D. all of the above

22. The case of Air India v Nergesh Meerza relating to termination of service on ground of first pregnancy is a classic example of …….

Correct : B. unreasonableness

23. the institution of ombudsman originated in 1809 at

Correct : B. sweden

24. '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

Correct : B. K C Davis

25. Which of the following is FALSE statement?

Correct : D. Administrative law is the law concerning organisation and functions of government at rest.

26. Which of the following is not the meaning of 'Rule of law' according to A V Dicey

Correct : D. Wide discretionary powers

27. A V Dicey criticized which legal system?

Correct : B. French legal system

28. Which one of the following is NOT the drawback concept of Rule of Law as given by A V Dicey

Correct : D. did not support supremacy of law.

29. ……………….. is considered to be the doctrinal barrier for development of Administrative law in USA

Correct : B. Separation Of Powers

30. The doctrine of Separation Of Power was systematically propounded by

Correct : A. Montesquieu in his book The Spirit of Laws

31. Doctrine of separation of powers means

Correct : D. all of the above

32. The delegated legislation means……………..Which of the following is false?

Correct : D. The amendment made to the Act to suit the changing conditions.

33. The principle that by exercising the power of modification the delegate cannot change the legislative policy was developed in the case of

Correct : B. Delhi Laws Act 1912, Re AIR 1951 SC

34. Which of the following functions are permissible delegations

Correct : C. Supplying of details

35. Which of the following is/are the requisite conditions for a contract made in the exercise of executive power of the centre?

Correct : D. All of the above

36. Which of the following is true when a government contract which does not conform to the provisions of Art 299 of the Constitution?

Correct : A. the contract is not enforceable in Court against the parties

37. Which of the following is write definition of the phrase Nemo judex in causa sua

Correct : B. no man shall be a judge in his own cause

38. Which of the following is NOT the ground for substantive ultra vires?

Correct : D. where mandatory consultation process is not complied with

39. Principles of natural justice are NOT applicable against which of the following actions ?

Correct : B. Rule making action

40. '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 in which case?

Correct : A. A K Kraipak v Union of India

41. Which of the following is NOT an essential component of the doctrine of Audi alteram partem?

Correct : B. Oral hearing

42. When personal hearing is given by one officer and order is passed by another officer, which of the following principle/s of natural justice is/are violated

Correct : B. Right to hearing

43. The Administrative tribunal have been recognised under which of the following articles of the constitution

Correct : C. all of the above

44. Acting under dictation, non-application of mind, imposing fetters on discretion, sub delegation are examples of which of the following

Correct : B. Failure to exercise discretion

45. excess or abuse of discretion can be through which of the following grounds

Correct : D. All of the above

46. The case of Air India v Nergesh Meerza relating to termination of service on ground of first pregnancy is a classic example of …….

Correct : B. Unreasonableness

47. Which of the following is NOT an essential to issue writ of mandamus

Correct : D. It lies against private individual

48. When the court finds that the order is suffering from error apparent on face of the record, which of the following writs can be issued?

Correct : C. Writ Of Certiorari

49. The tortious liability of the government is recognised in the Indian constitution by

Correct : B. Art 294

50. The tortious liability of the State was NOT recognised in which of the following cases?

Correct : B. Kasturi Lal vs State of Uttar Pradesh

51. The public corporation can be held liable under which of the following the liability/ies?

Correct : D. All of the above

52. Which of the following statements are false? 1 The Public Corporation can be sued in the court of law 2 Public Corporation is not 'State' under Art 12 3 The doctrine of ultra vires is applicable to public corporations 4 Servants of the government company are civil servants under article 311 of the constitution?

Correct : B. 2 and 4 are false

53. Provision with respect to tribunals were added by ______ amendment Act 6

Correct : C. 42nd

54. Doctorine of separation of powers was systematically formulated by___

Correct : B. Montesquine

55. ___ are the following statements is true

Correct : B. Delegated legislative can have retrospective effect, if authorised by the Act or Statute.

56. The application of doctrine of vicarious liability in crimes seems to have been activated by a necessity rather than desirability ___ the justification is based on

Correct : A. Public policy

57. ________ is popularly known as “ Habeas Corpus Case”.

Correct : C. A D M Jabalpur v/s Shivakant Shukla (1976) 2 SCC 521.

58. Which of the following statement is not correct “Rule of law” means

Correct : D. Supremacy of the judiciary

59. Who selects the Chairman and members of the Union Public Service Commission

Correct : B. The President

60. Doctrine of Locus standi means

Correct : C. Right of petitioner to file writ petition

61. In exercise of the power conferred by Article 323A of the Constitution, parliament enacted the Administrative Tribunal Act in

Correct : C. 1985

62. Tribunals exercising quasi-judicial functions are not courts and that therefore they are ___

Correct : C. Not to bound to follow the procedure prescribed for trial of actions in courts nor they are bound by strict rules of evidence

63. The Supreme Court or High Court commanding a person or the body to do that which is his or its duty to do it

Correct : A. Mandamus

64. The power of the judicial review means

Correct : B. The power of the courts to declare null and void any legislative or executive act which is against the provisions of the constitution

65. Which one of the following statement is not correct?

Correct : D. Judgements of a High Court do not bind on the lower courts of the State.

66. Dicey developed the theory of “Rule of Law” in his classic work in

Correct : A. The law and the constitution

67. Delegates non protest delegare means

Correct : B. A delegate cannot further delegate

68. Which function cannot be delegated

Correct : A. Essential legislative functioning

69. The Latin phrase ___ means have the body

Correct : B. Habeas corpus

70. “ Quo Warranto” literary means

Correct : C. What is your authority

71. “ we are under the Constitution but the constitution is what the judges say it is” besides U S A to which one of the following countries cna this be applicable?

Correct : B. India

72. _____ is the 1st law officer Government of India

Correct : D. Attorney General of India

73. ___ statements implies natural justice

Correct : D. A reasonable opportunity of being heard must be given

74. Public Corporation is ____

Correct : A. “hybrid organism” showing some of the feature of a Government department while some of the features of a business company,

75. Ombudsman means

Correct : C. An officer of the parliament

76. Under ______ article /articles, the High Court and The Supreme Court can issue Writs

Correct : C. Article 32 and 226

77. Delegated legislation means delegislation of power

Correct : D. From legislature to executive

78. The theory of natural justice is based upon two principle, one of which is Nemo debet esse judex in propria causa, which means,

Correct : D. No man should be made a judge in his own cause

79. “ultra Virus” literally means

Correct : B. Beyond powers

80. Ombudsman as an institution, was first set up in

Correct : D. Sweden

81. Tick the true statement of Natural justice

Correct : D. No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly heard.

82. Which of the following statement is the key principle of Ridge v/s Baldwin (1964)

Correct : D. The rules of natural justice are capable of applying in principle where an administrative body acts judicially.

83. ______ defines administrative law as the law relating to administration, it determines the organisation, powers and the duties of Administrative authorities.

Correct : C. Sir Ivor Jennings

84. Administrative law is a branch of _______

Correct : B. Public law

85. Origin of the concept of Droit Administratiff is

Correct : D. FRANCE

86. The basic concept of delegated legislation denote the delegation of ___ powers

Correct : B. Rule making power

87. _____ is the “Rule of Law” choose 1

Correct : D. Everyone must follow the law

88. _______ stops one branch of government from becoming too powerful (choose one)

Correct : B. Checks and balances

89. ______ is incharge of the executive branch

Correct : C. The President

90. “constitutional law is concerned with the organisation and functions of Government at test, which administrative law, is concerned with that organisation and those function” this statement was given by

Correct : D. Hood Phillips

91. Writ of quo warranto can be issued against

Correct : C. Public officer, who is holding public office

92. “Corporate personality is a mere procedural form which is used to work out a convenient wy for immediate purpose” It was stated by

Correct : D. Honfield

93. “Common law is essentially a judge made law” this opinion was expressed by

Correct : D. Salmond

94. Tick the incorrect answer

Correct : A. Laissez-faire is an economic philosophy of controlled market

95. Tick the incorrect answer Delegated legislation may be classified into 4 types

Correct : D. Control based classification

96. Tick the correct answer

Correct : A. Delegated legislation has become inevitable but the question of control has become crucial

97. Administrative tribunal exercise

Correct : D. Quasi judicial functions

98. ___ is the effect of violation of the rule “Audi Alteram Partem” on an administrative action

Correct : B. Null and void

99. The writ of certiorari necessarily implies that;

Correct : B. An error of law apparent on the face of the record can be corrected

100. Which part of the judgement establishes the precedent that is to be followed by lower courts?

Correct : A. The Ratio Decidendi