Mumbai University Solved Question Papers
Administrative Law
Previous Year Question Paper with Solution
LLB 3 years · Sem 3
Apr 2024 - 75/25 Examination
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LLB 3 years Sem 3 Administrative Law Apr 2024 - 75/25 Question Paper with Solutions
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First published on munotes.in on 29 September 2026.
Published by munotes.in, Mumbai.
Model answers written and edited by the munotes.in editorial desk.
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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 2024 - 75/25 examination.
Contents
The questions below are the paper as the University of Mumbai set it at the Apr 2024 - 75/25 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 2024 - 75/25 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 2½ hours · Total marks 75 · 21 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 two or three sentences, any six 12 Marks
(a)What is Henry VIII clause?[2]
Answer
A Henry VIII clause is a provision in an Act that lets the executive modify the Act itself, or another Act, by an order or a rule. It is the most extreme form of delegated legislation, because the delegate is given power over the very statute that created it.
Why the name. King Henry VIII is remembered for the Statute of Proclamations, 1539, which gave his proclamations the force of an Act of Parliament. The name is a nickname coined by critics, and the Committee on Ministers' Powers (the Donoughmore Committee, 1932) used it in its report. The clause is also called a removal of difficulties clause, because that is usually how it is worded.
How it is usually worded. "If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty."
Its place in Indian law. Such clauses are common. The Constitution itself carries one in Article 392, which let the President remove difficulties in the transition to the new Constitution.
The judicial control. The courts read the clause narrowly.
- Jalan Trading Co. v. Mill Mazdoor Sabha AIR 1967 SC 691 struck down a clause that made the Government's order final and allowed it to modify the Act, because that amounted to handing over the legislative function itself.
- Gammon India Ltd. v. Union of India (1974) 1 SCC 596 upheld a narrower clause, because it only allowed difficulties in giving effect to the Act to be removed, and not the policy of the Act to be changed.
Conclusion. A Henry VIII clause allows the executive to amend the parent Act. It is valid in India only in its narrow form, where the power is confined to removing difficulties, is consistent with the Act, and is open to judicial review. A clause that lets the Government change the policy of the Act, or makes its order final and unquestionable, is bad as excessive delegation.
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