Mumbai University Solved Question Papers
Administrative Law
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Apr 2011 Examination
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LLB 3 years Sem 3 Administrative Law Apr 2011 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.
The question paper reproduced here is the paper as set by the University of Mumbai at the Apr 2011 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2011 examination, in the order it was set.
MarksPage
MarksPage
The Paper as Set
The questions in this volume are the questions asked at the Apr 2011 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.
Duration 3 hours · Total marks 100 · 25 questions answered
How to use this volume
Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.
Q.1
Answer in short, not more than two sentences 20 Marks
(1)What is the difference between Administrative law and Constitutional law?[2]
Answer
Constitutional law describes the structure of the State, that is what the organs of government are and how they are created and related. Administrative law describes the working of one of them, that is how the administration exercises its powers and how that exercise is controlled. Constitutional law is the law of the framework; administrative law is the law of the machinery in motion.
1. The classical way of putting it. Holland said that constitutional law describes the State at rest and administrative law describes the State in motion. Maitland put the same idea by saying that constitutional law deals with the structure of the organs and administrative law with their functioning. Wade treats administrative law as the law relating to the control of governmental power.
2. The four practical differences.
- Subject. Constitutional law deals with all three organs, the legislature, the executive and the judiciary, and with the relation between the Union and the States. Administrative law deals chiefly with the executive and the administrative authorities.
- Content. Constitutional law contains the fundamental rights, the distribution of legislative power, the federal structure and the amending power. Administrative law contains delegated legislation, natural justice, the control of discretion, tribunals, public corporations, the ombudsman and the remedies.
- Source. Constitutional law is contained in one written document and the decisions on it. Administrative law is scattered across statutes, rules, orders and case law, and in India it is largely judge-made.
- Rank. Constitutional law is the higher law. Administrative law operates within it, and an administrative rule that offends the Constitution is void.
3. Why they overlap. The overlap is large, and in India it is unavoidable. Judicial review runs on Articles 32 and 226; natural justice is anchored in Articles 14 and 21 after Maneka Gandhi v. Union of India (1978) 1 SCC 248; the tribunals are created under Articles 323A and 323B; and the liability of the State rests on Article 300. Ivor Jennings treats administrative law as a part of constitutional law rather than a separate subject, and that is the better view of the relationship.
Conclusion. Constitutional law is the law of the State at rest and administrative law the law of the State in motion. The first says what the organs are; the second says how the administration must use its powers and how the courts control it. They overlap so heavily in India, where the writs, natural justice and the tribunals are all constitutional in origin, that administrative law is best regarded as a branch of constitutional law, distinguished by its subject rather than by its source.
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