LL.B. (Three Years) Sem 3 Administrative Law Jan 2019 Question Paper - Mumbai University | munotes

Questions asked in this paper

• N.B: 1. Figures to the right indicate full marks. 2. Support your answers with relevant case laws. 3. This is form 60670, sat on 2 January 2019.

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

1. (i) What is a Writ?
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2. (ii) What is sub-delegation?
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3. (iii) What is Henry VIII clause?
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4. (iv) State two functions of the Union Public Service Commission.
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5. (v) What is the difference between limitation and laches?
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6. (vi) What is Judicial Review?
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7. (vii) State two characteristics of Administrative Tribunals.
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8. (viii) What is a speaking order?
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9. (ix) What is the meaning of "Salus Populi Est Suprema Lex"?
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10. (x) What is the concept of Legitimate Expectation?
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Q.2 Write short notes, any four 20 Marks

1. (i) Dicey's Doctrine of Rule of Law
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2. (ii) Civil Services in India
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3. (iii) Kinds of Public Corporations
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4. (iv) Droit Administratiff
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5. (v) Ombudsman
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6. (vi) Ridge v/s Baldwin
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Q.3 Answer the situational based questions, any two 12 Marks

1. (i) Rules provided that person would not be granted school leaving certificate unless he had completed fifteen years of age. However the Director was given power to grant exemption from this rule under certain circumstances in deserving cases. But the Director made an invariable rule that he will grant exemption only if the person has completed thirteen years of age.
   • (a) What is the meaning of Administrative discretion?
   • (b) Can the rule made by the Director be challenged? Give reason.
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2. (ii) A contractor constructed a building at the request of a Government officer. The possession was obtained by the officer and the building was used by the Government; but no payment was made to the contractor. It was contended that the provisions of Article 299(1) of the Constitution had not been fulfilled and therefore the contract was not enforceable.
   • (a) What is the provision of Article 299(1) of the Constituion?
   • (b) What can the contractor do in these circumstances?
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3. (iii) Mr. Y was appointed as senior officer in the government department though he was not educationally and experience wise qualified for the post.
   • (a) Can anyone oppose such appointment?
   • (b) Explain the remedy available in these circumstances.
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Q.4 Explain in detail, any four 48 Marks

1. (i) Define Administrative Law. Discuss its scope and reasons for its growth.
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2. (ii) Explain the theory of Separation of Powers in light of the Indian legal system.
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3. (iii) Discuss the Principles of Natural Justice with the help of Supreme Court judgments.
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4. (iv) Examine the grounds for judicial control of Delegated Legislation.
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5. (v) What is Tortious liability of Government? Give important cases.
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6. (vi) Answer any two:
   • (a) CBI
   • (b) Right to know
   • (c) Doctrine of Proportionality
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