Administrative law
1. What is Droit Administrstiff?
Ans: A body of rules which determines the organization, powers and duties of public
administration and regulates the relation of the administration with the citizen of the
country.
2. Prerogative writs can be issued by which court?
Ans: The Supreme court and High courts are empowered under Article 32 of the
Constitution to issue writs for the enforcement of fundamental rights against any
authority of the State.
3.What is Judicial Review
Ans: Judicial Review means the power of the Supreme court or High courts to examine
the constitutionality of any law if the court arrives at the conclusion that the law is
inconsistent with the provisions of the Constitution, such a law is declared as
unconditional and inapplicable.
4.What is a Writ
Ans: A writ is a formal written order issued by a court or other entity with legal authority
to order someone or something to do or stop doing something. Writs are used to
enforce constitutional remedies and protect fundamental rights.
5. What is Henry Vlll clause
Ans: A Henry Vlll clause is a clause of an Act of Parliament which enables the Act to be
expressly or impliedly amended by subordinate legislation or Executive action.
6. What is Contingent legislation
Ans: Contingent legislation, also known as Conditional legislation. In this type of
legislation, a statute provides powers to the administrative authority to determine when
a law should be applied or when it comes into force.
7. Define Delegated legislation
Ans: Delegated legislation also known as subordinate or secondary legislation, refers to
laws made by individuals or bodies authorised by the legislature to create detailed
regulations under a specific Act of Parliament.
8. What is the meaning of Speaking order
Ans: Speaking order may be defined as an order which contains not only the
conclusions that have led to the conclusions.
9. Who is an Ombudsman
Ans: An Ombudsman is a person who is appointed by the legislature to review the work
of the executive branch and ensure that citizens' rights are not violated.
10. Write the requisites of Government contract
Ans:the contract must be expressed to be made by the Governor or the President. It
must be executed in writing. The execution should be done by persons and in a manner
directed or authorised by the Governor or the President.
11. What is the concept of legitimate Expectation
Ans: The concept of legitimate Expectation relates to the relationship between public
administration and the individual. The concept elaborates the expectations raised due
to administrative conduct that might have legal consequences.
12. What is Sub- delegation
Ann: Sub-delegation is the process of transferring some or all of a granted authority to
another party. The party that grants the authority is know as that receives the authority is
known as the Sub-delegation.
13. Meaning of Nemo Debet Esse Judex in Propria Cause
Ans: The Latin phrase Nemo Debet Esse Judex in Propria Cause means " no man shall
be a judge in his own cause". It is a fundamental constitutionalism that ensures
impartiality proceedings.
14. What is the Doctrine of Laissez Faire
Ans: The Doctrine of Laissez Faire is a policy of minimum governmental interference in
the economic affairs of individuals and society.
15. Three main organs of state govt. And functions
Ans: The Legislature, the executive, and the judiciary are the three main organs of the
State government.
The executive is vested with the power to make policy decisions and implement laws.
The legislature is empowered to issue enactments. The judiciary is responsible for
adjudicating disputes are the functions of the same.
16. 2 functions of civil services
Ans: 1. Implementing laws and policies: civil servants are responsible for carrying out
the government's law and policies.
2. Policy formulation: civil servants are also responsible for formulating policies,
providing advice, information, and ideas to ministers.
17. 2 different between tribunal and court
Tribunal.
1. Tribunals specialize in specific types of cases
2. Tribunals are specialized bodies established by law, with specific judicial powers.
Courts
1. Courts are an established part of the judicial system, with their powers stemming
directly from the govt.
2. Courts handle a wide range of cases.
19. Define Corporation
Ans: A Corporation is an aggregate of persons having its existence, rights and duties
separate from the members who compose it. It has the powers to make regulations. It
has a right to acquire or dispose of property can use and be used and prosecute & be
prosecuted.
21. What is post decision hearing
Ans: The idea of Post Decision Hearing has been developed to maintain a balance
between administrative efficiency and fairness to individuals. In post decision hearing,
an individual is given an opportunity to be heard after a tentative decision has been
taken by the authorities.
22. Explain dismissal in Limine
Ans: A dismissal in Limine is a legal terms that means a case was dismissed at the
threshold, or before a trial,for a reason other than the merits of the case. The term " in
Limine" is Latin fir " at the threshold".
23. What is injunction
Ans: A specific legal order of the court issued to prevent a wrongful act or the
commencement of a wrongful act until the disposal of the case. It can be issued at any
stage of the case upon an application to grant an injunction order against the other
party.
24. What is locus standi
Ans: The legal standing or the right to bring a particular lawsuit or legal action. It is a
concept in law that determines whether a person had sufficient interest in a case to
justify bringing it to court.
25. Sources of Administrative law? Meaning
Ans: The body of laws, procedures, and legal institutions affecting government agencies
as they implement legislation and administer public programs. Sources includes the
constitution, legislation, judicial review, delegated legislation, and common law
precedents.
26. Primary objective of administrative law
Ans: The primary objective of administrative law is to protect the interests of the public
while they interact with the government. It does this by:
Balancing power: Administrative law balances the authority of government agencies with
the rights of individuals and businesses.
Providing access to justice: Administrative law provides access to justice.
27. What is Bias and its types?
Ans. Bias means an act which leads to unfair activity whether in a
conscious or unconscious stage in relation to the party or a particular
case.
Types of Bias are:
1. Personal bias: Personal bias arises from a relation between the party
and deciding authority. Which lead the deciding authority in a doubtful
situation to make an unfair activity and give judgement in favour of his
person.
2. Pecuniary bias: If any of the judicial body has any kind of financial
benefit, how so ever small it may be will lead to administrative authority
to biases.
3. Subject matter bias: When directly or indirectly the deciding authority
is involved in the subject matter of a particular case.
28. Meaning of Welfare State?
Ans. A welfare state is a concept of government where the state plays a
key role in the protection and promotion of the economic and social
well-being of its citizens.
It is based on the principles of equality of opportunity, equitable
distribution of wealth, and public responsibility for those unable to avail
themselves of the minimal provisions for a good life.
29. What is Rule of law?
Ans. Dicey in his work stated that Rule of Law is fundamental to the English legal system
and gives the following three meanings to the doctrine:
Supremacy of Law
Rule of law according to Dicey means the absolute supremacy or predominance of regular
law as opposed to the influence of arbitrary
power or wide discretionary power.
Equality before Law:
While explaining this aspect of the doctrine, Dicey stated that there must be equality before
the law or equal subjection of all classes to the ordinary law of the land administered by the
ordinary law courts.
Predominance of Legal Spirit:
The phrase legal spirit refers to the spirit of justice.
This concept advocates the principle that law should be according to justice and not vice-
versa. Dicey was against providing rights such as the right to personal liberty,
freedom, etc. merely in the written constitution of the country.
30.What is Administrative law?
Ans. Administrative Law is the law relating to the administrative operation of government.
It deals with the powers and duties of administrative authorities, the procedure followed by
them in exercising the powers and discharging the duties and the remedies available to an
aggrieved person when his rights are affected by any administrative action.
definitions
According to A.V. Dicey, Administrative law is a part of a nation’s legal system, which
specifies and determines the duties and legal status of all state officials. It also defines the
rights and responsibilities of private individuals in their dealings with public officials.
➢ According to Sir Ivor Jennings, ‘Administrative law is the law relating to the
administration. It determines the organization, powers and duties of administrative
authorities.
Administrative law specifies the methods and procedures for implementing or enforcing
those rights and liabilities.
31. Write note of Judicial Review?
Ans. Judicial Review refers to the power of the Judiciary to review and determine the validity
of a Law or an Order.
Judicial review is defined as the doctrine under which executive and
legislative actions are reviewed by the judiciary.
32. Diff between constitutional law and administrative law?
Ans. The difference between Administrative law and Constitutional Law is that
administrative law is subordinate to Constitutional law. In contrast, Constitutional law is
the highest law in India and is considered
supreme.
➢ Both constitutional and administrative law, concerned with the functions of the
government, are components of public law in the modern nation-state. More specifically,
Administrative law is an addition to the
supreme law of the land,i.e the Constitutional law.
➢ Constitutional law governs the legislative and executive branches, but Administrative law
governs their operations.
➢ Constitution law is codified into a single text in countries with a written constitution.
Administrative Law is generally not codified. There might be hundreds of thousands of
Administrative laws.
