Mumbai University Solved Question Papers
Administrative Law
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Apr 2015 Examination
munotes.in
Mumbai
Mumbai University Solved Question Papers
Administrative Law
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Apr 2015 Examination
munotes.in
Mumbai
First published on munotes.in on 29 September 2026.
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Model answers written and edited by the munotes.in editorial desk.
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The question paper reproduced here is the paper as set by the University of Mumbai at the Apr 2015 examination.
The questions below are the paper as the University of Mumbai set it at the Apr 2015 examination, in the order it was set.
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The questions in this volume are the questions asked at the Apr 2015 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
Instructions printed on the paper
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.
Answer in short, not more than two sentences 20 Marks
Answer
Droit administratif is the French system of administrative law. It is a separate body of rules for the administration, applied by a separate hierarchy of administrative courts headed by the Conseil d'Etat, and not by the ordinary civil courts.
Dicey's three features.
How it grew. The law of 16 to 24 August 1790 forbade the ordinary courts from interfering with the administration. Napoleon created the Conseil d'Etat in 1799, which at first only advised. The law of 24 May 1872 gave it power to decide for itself. The Blanco case, decided on 8 February 1873, held that State liability is governed by its own rules and not by the Civil Code, and is the foundation of the subject.
Its two doctrines. Exces de pouvoir, excess of power, the French equivalent of ultra vires; and detournement de pouvoir, using a power for a purpose other than the one for which it was given, which Indian law calls improper purpose.
Dicey's criticism, and why he was wrong. He thought it the opposite of the rule of law, because officials escaped the ordinary courts. In fact the Conseil d'Etat is independent of the administration, its remedies are cheaper and often wider than the English ones, and it protects the citizen at least as well as the common law does. Dicey modified his own view in 1915.
Conclusion. India did not adopt the French model. The same High Courts and Supreme Court decide private disputes and challenges to Government action, under Articles 226 and 32. India rejected the French courts and absorbed the French doctrines, so detournement de pouvoir appears in Indian law as improper purpose, applied in State of Punjab v. Gurdial Singh (1980) 2 SCC 471.
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