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Administrative Law MCQs and mock tests

132 distinct Administrative Law questions are in live Law Maker papers, used across 5 exams. Each was checked against the official text and comes with the answer and an explanation once you submit.

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Administrative Law practice sets

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Exams with Administrative Law questions

Sample Administrative Law questions

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  1. Question 1 · Administrative Law Practice Set 1

    With reference to In re Delhi Laws Act, 1912 (1951), consider the following statements: 1. The majority held that Section 7 of the Delhi Laws Act, 1912 was intra vires. 2. The view that prevailed was that the legislature may delegate even its essential legislative functions, so long as it keeps the power to repeal the delegating Act. 3. The opinion was given on a reference made by the President under Article 143(1). Which of the statements given above is/are correct?

    1. A. 1 and 3 only
    2. B. 2 and 3 only
    3. C. 1, 2 and 3
    4. D. 1 and 2 only
    Show the answer

    A. 1 and 3 only

    Fazl Ali, Patanjali Sastri, Mukherjea, Das and Bose JJ. held Section 7 of the Delhi Laws Act wholly intra vires, and the case was a Presidential reference under Article 143(1). Statement 2 is wrong: as later explained in Harishankar Bagla (1954), the majority settled that essential legislative powers cannot be delegated.

  2. Question 2 · Administrative Law Practice Set 1

    On sub-delegation, the Supreme Court in Sahni Silk Mills (P) Ltd. v. Employees' State Insurance Corporation (1994), approving Barium Chemicals Ltd. v. Company Law Board, stated that:

    1. A. sub-delegation requires the prior approval of Parliament by a resolution
    2. B. sub-delegation can be sustained if permitted by express provision or by necessary implication
    3. C. sub-delegation is always void, whatever the words of the parent statute
    4. D. sub-delegation is always valid if the original delegate later approves the act of the sub-delegate
    Show the answer

    B. sub-delegation can be sustained if permitted by express provision or by necessary implication

    Sahni Silk Mills (1994) treated 'delegatus non potest delegare' as a rule of construction: a delegate cannot further delegate unless the statute permits it expressly or by necessary implication. On that basis an authorisation by the Director General to unnamed officers to exercise the Corporation's power under Section 85-B of the ESI Act was held invalid.

  3. Question 3 · Administrative Law Practice Set 1

    Assertion (A): Dicey regarded the French system of droit administratif as inconsistent with the rule of law as understood in England. Reason (R): In Dicey's view, the rule of law required every person, whatever his rank, to be subject to the ordinary law administered by the ordinary courts.

    1. A. A is false, but R is true
    2. B. A is true, but R is false
    3. C. Both A and R are true, but R is not the correct explanation of A
    4. D. Both A and R are true, and R is the correct explanation of A
    Show the answer

    D. Both A and R are true, and R is the correct explanation of A

    Dicey's second meaning of the rule of law was equality before the law, that is, the equal subjection of officials and citizens alike to the ordinary law and the ordinary courts. Because droit administratif placed disputes involving the administration before separate administrative courts, he saw it as contrary to this idea; R therefore explains A.

  4. Question 4 · Administrative Law Practice Set 1

    In Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills (1968), the majority upheld Section 150 of the Delhi Municipal Corporation Act, 1957, which left it to the Corporation to fix the rates of certain optional taxes. Among the safeguards relied on in the opinion of Wanchoo C.J. was that:

    1. A. the Corporation could fix only those rates already specified in a Schedule to the Act
    2. B. the rates fixed were subject to an appeal on merits to the High Court by every taxpayer
    3. C. the rates fixed had to be approved every year by a separate resolution of both Houses of Parliament
    4. D. the power had been delegated to an elected body responsible to the people, including the taxpayers
    Show the answer

    D. the power had been delegated to an elected body responsible to the people, including the taxpayers

    Wanchoo C.J. (for himself and Shelat J.) found sufficient guidelines and checks: delegation to an elected body responsible to the people, the limit set by the Corporation's needs, the annual budget, and sanction of maximum rates by the Central Government. Shah and Vaidialingam JJ. dissented.

  5. Question 5 · Administrative Law Practice Set 1

    In S.G. Jaisinghani v. Union of India (1967), the Supreme Court, explaining the rule of law with reference to discretion conferred on executive authorities, observed that:

    1. A. executive discretion is answerable only to the legislature and never to the courts
    2. B. the rule of law forbids a statute from conferring any discretion on the executive
    3. C. discretion validly conferred by a statute is wholly beyond any kind of scrutiny by the courts of law
    4. D. discretion conferred on executive authorities must be confined within clearly defined limits
    Show the answer

    D. discretion conferred on executive authorities must be confined within clearly defined limits

    Jaisinghani (1967) said that absence of arbitrary power is the first essential of the rule of law, that discretion conferred on executive authorities must be confined within clearly defined limits, and that decisions should be made by applying known principles and rules. It did not say that discretion cannot be conferred at all.