LL.B. (Three Years) Sem 3 Administrative Law May 2012 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Attempt all questions. 2. Figures to the right indicate full marks.

Q.1 Answer in short, not more than two sentences 20 Marks

1. (a) What is the definition of Administrative Law given by "WADE".
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2. (b) What is "droit administratif"?
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3. (c) According to Dicey, "What is the meaning of the Supremacy of law."
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4. (d) What are the three organs of Govt. and their functions?
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5. (e) What is sub-delegation?
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6. (f) What is substantive ultra vires?
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7. (g) What is the meaning of Speaking Order?
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8. (h) Define 'ombudsman'?
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9. (i) What is the Object of Right to Information Act, 2005?
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10. (j) State any two functions of Union Public Service Commission.
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Q.2 Write Short Notes, any four 20 Marks

1. (a) Legitimate expectation.
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2. (b) Ridge Vs. Baldwin.
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3. (c) A.K. Kraipak Vs. Union of India.
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4. (d) Lokpal Bill.
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5. (e) Doctrine of Separation of Powers.
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6. (f) Administrative Tribunals.
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Q.3 Solve the following, any two 12 Marks

1. (1) Govt. has given contracts for allotment of certain areas to a number of companies for providing services in tele-communication sector on the basis of first-cum-first served. The companies which could not get contracts alleged nepotism, mal-practices and corruption involved in allotments of these contracts by the Minister and Officials of the concerned department. Government Auditors have also made certain observation about huge loss to the ex-chequer due to awarding of such contracts without following the proper process.
   • (a) Can the Govt. award such contracts on the basis of first-cum-first served without going for the process of auction?
   • (b) Whether judiciary is legally empowered to strike down any policy decision taken by the Government?
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2. (2) A Prominent Political Leader holding the Office of a public servant was found to have amassed wealth and assets disproportionate to his known sources of Income. Government Departments and Police are not taking legal action in this matter, inspite of reports appearing in Media.
   • (a) Can a private individual approach to the Court for initiating an enquiry and for prosecuting such a public servant?
   • (b) Whether Public Servant can claim any immunity from prosecution in such a case?
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3. (3) The State Government has appointed Chairman and Members on the Shri Sai baba Sansthan, a Trust, which governs the shrine of Sai baba of Shirdi under the relevant Act. However, no rules were framed for appointment of Chairman and Members.
   • (a) Can such type of appointments are liable to be challenged in High Court as ultra virus to the Act?
   • (b) Whether High Court can strike down such appointments for want of rules? What is your opinion?
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Q.4 Answer the following, any Four 48 Marks

1. (a) Define Administrative Law? Discuss its scope and object. What are various reasons for growth.
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2. (b) What is delegated Legislation? Explain Judicial control over delegated Legislation.
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3. (c) Discuss the Dicey's doctrine of Rule of Law with relevant case laws.
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4. (d) Explain tortuous liability of Govt. in India.
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5. (e) Classify the Public Corporations and explain the Control of Public Corporations.
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6. (g) Explain 'Audi alteram Partem Rule.'
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