LLM Group 1 Constitutional And Administrative Law Administrative Process And Judicial Control 2018 Question Paper - Mumbai University | munotes

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SECTION I - Q.P. Code 29533. Attempt any four questions, all questions carry equal marks, cite relevant cases (any four of seven) 100 Marks

1. Q.1 "State actions are amenable in the panorama of Judicial Review only to the extent that the state must act validly for discernible reasons and not whimsically for any ulterior purpose." Elucidate.
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2. Q.2 Analyze and explain how the exercise of judicial control over administrative process in Common Law countries differs from the French system.
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3. Q.3 Analyse the scope of the powers of Supreme Court of India regarding Judicial Review. Assess the extent of the Writ jurisdiction of the Supreme Court under Article 32 of the Indian Constitution. Cite relevant cases.
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4. Q.4 Critically analyze the extent to which the exercise of discretionary powers by state officials may be subject to judicial review in the light of the judicial decisions in following cases:-
   • a) Liversidge v Anderson [1941] UKHL 1
   • b) Padfield v Minister of Agriculture, Fisheries & Food [1968] UKHL 1.
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5. Q.5 Write detailed notes on the following in the context of limits on Judicial Review:-
   • a) Alternative remedies
   • b) Latches
   • c) Res Judicata
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6. Q.6 Write detailed notes on the following:-
   • a) Legitimate expectation
   • b) Exclusionary clause
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7. Q.7 Write notes on the following:-
   • a) Violation of Fundamental Rights as a ground of Judicial Review
   • b) Remedies of Injunction and declaration
   • c) Delegated Legislation
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SECTION II - Q.P. Code 34166. Attempt any four questions, all questions carry equal marks, cite relevant case laws (any four of seven) 100 Marks

1. Q.1 "Absolute and wide discretion may resulted into discrimination". Discuss various grounds of judicial review in the light of recent judicial decisions in India.
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2. Q.2 Discuss indetail the significance of pre-decisional and post-decisional hearing in the light of landmark decision in Ridge v. Baldwin case.
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3. Q.3 What is Delegated legislation? Discuss the grounds on which delegated legislation declared invalid and unconstitutional.
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4. Q.4 Discuss in detail contribution of Maneka Gandhi's case in view of applicability of principle of hearing in case of administrative exercise of power in India.
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5. Q.5 "Right to Constitutional Remedies is a heart and soul of Indian Constitution"- Dr. B.R. Ambedkar. Justify the statement in the light of different types of writs enshrined under Indian Constitution.
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6. Q.6 Write short notes on:
   • a) Injunction and declaration
   • b) Bias
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7. Q.7 Write short notes on:
   • a) French droit-administriff system
   • b) Legitimate expectation
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