Administrative Law Mains Previous Year Questions (Subjective)

Explain why administrative law developed out of the need to maintain a law-governed system of public administration.

Define the rule of law and discuss Dicey’s proposition that no person, however powerful, stands above law, using decided cases.

Discuss whether Dicey’s three principles of the rule of law have been developed further to meet the needs of democratic society.

The twentieth century saw rapid expansion of administrative law alongside a changed understanding of State functions. Trace and discuss this development.

Critically assess whether judicial encroachment into legislative and executive functions has weakened the doctrine of separation of powers.

Discuss why the rule of law rejects arbitrary powers and whether omission of reasons for a decision constitutes arbitrary exercise of authority.

Discuss the proposition that the classical functional doctrine of separation of powers cannot operate literally in modern government.

When regulatory institutions such as the Competition Commission of India and TRAI combine policymaking with adjudication, how relevant is separation of powers?

Discuss the proposition that the foundations of public administration, New Public Management and public governance rest on the rule of law.

Discuss, with an illustration, whether administrative power or action is necessarily inconsistent with the rule of law.

Do current trends in Indian judicial activism conflict with separation of powers as a basic constitutional feature? Discuss.

Explain the separation-of-powers doctrine and assess whether strict adherence is possible under a parliamentary form of government, referring to decided cases.

Neither an express permission nor an express prohibition of legislative delegation appears in the Constitution. Examine its constitutionality with case-law.

Examine the tension between operational efficiency obtained through delegated legislation and risks to accountability and the rule of law.

Explain, citing decisions, why the parent Act must identify essential legislative policy and standards while allowing the delegate to carry that policy forward.

Critically evaluate differing judicial approaches to the constitutionality and limits of delegated legislation where the Constitution contains no express prohibition.

Describe the different means through which courts exercise control over delegated legislation.

Explain how the Indian Constitution permits delegation of legislative powers while requiring delegated rules to follow the purpose and limits of the parent enactment. Give examples.

Discuss legislative oversight of delegated legislation as a method of controlling the exercise of subordinate law-making power.

Comment on why administrative rule-making requires delegated legislation.

Outline the different methods of Parliamentary control over delegated legislation.

If the enabling Act prescribes procedures for delegated rule-making, what follows when the delegate fails to comply? Discuss with cases.

Should the process of delegated legislation be re-examined to allow greater public participation? Comment critically.

Critically discuss what safeguards should govern the use of delegated legislation, rather than debating whether such legislation is necessary.

On what grounds may delegated legislation be invalidated as substantively ultra vires? Refer to relevant judicial decisions.

On what grounds may delegated legislation be held substantively ultra vires? Discuss lawful and unlawful exercises of executive rule-making powers, with cases.

Discuss the constitutional validity of delegated legislation and explain its permissible limits.

Critically examine whether natural justice now applies irrespective of the traditional distinction between administrative and quasi-judicial functions.

Explain the significance of audi alteram partem. In what circumstances may this requirement of natural justice be excluded?

Write a critical note on the progressive contemporary approach to natural justice.

Comment, with judicial decisions, on the proposition that principles of natural justice cannot be imposed in identical form upon every situation.

Explain the different principles of natural justice with reference to judicial decisions.

Judicial and quasi-judicial authorities ordinarily have to record reasons unless exempted. Examine whether the same duty extends to authorities performing purely administrative functions.

The scope of natural justice is flexible and resists precise definition. Examine this proposition with cases.

Examine, with case-law, how audi alteram partem may adapt to competing demands of procedural fairness and prompt decision-making.

The rules of natural justice are not immutable. Discuss, with decided cases, when the demands of justice permit departures from their ordinary application.

The Transport Commissioner sits ex officio on the Karnataka State Road Transport Corporation (KSRTC), which operates bus services. He also chairs a permit-granting authority. Private operators seek renewal of stage carriage permits while KSRTC seeks new permits on those same routes. Can the Commissioner be restrained from exercising the permit power? Give reasons under administrative law.

Illustrate the maxim nemo judex in causa sua as a rule against bias under natural justice.

Explain the significance of audi alteram partem in administrative decisions, and specify when a post-decisional hearing may satisfy natural justice.

Comment on the proposition that bias invalidates judicial and quasi-judicial proceedings, giving two illustrations.

Are reasoned decisions properly regarded as a third pillar of natural justice? Assess the controversy through judicial decisions.

Explain how the rule against bias addresses factors capable of improperly influencing a decision.

Explain why natural justice comprises procedural requirements with changing content according to the context and nature of administrative action.

Critically assess the claim that eliminating judicial review of legislation and administrative action would destroy the essential character of the Constitution.

Identify and explain the grounds on which courts exercise judicial review over administrative action, citing decided cases.

Discuss whether judicial review expanded through the doctrine of jurisdictional facts. Compare review of jurisdictional facts with ordinary factual findings.

Briefly state the grounds upon which administrative actions may be judicially reviewed.

Explain, with an example, why judicial review of administrative action is central to democracy and the rule of law.

Explain Wednesbury unreasonableness and discuss whether that standard permits review of the merits of an administrative decision.

Distinguish legitimate expectation, proportionality, collateral purpose and mala fides with reference to judicial decisions.

How should delegated legislation remain within legislative limits, and how can misuse of administrative discretion be checked?

Write a critical note on the doctrine of legitimate expectation.

Assess whether regulatory authorities can independently and effectively control service delivery despite pressures from outside actors.

Examine the purpose and operation of Articles 256 and 257 of the Constitution. Should their arrangements be revised? What follows if a State disobeys Union directions under these provisions?

Evaluate constitutional arrangements governing administrative relationships between the Union and States, with emphasis on intergovernmental delegation of administrative power.

Can an administrative tribunal examine the constitutional validity of primary legislation? Discuss with reference to judicial decisions.

How does a tribunal differ from a court? Discuss the constitution, jurisdiction, powers and procedure of administrative tribunals, and the scope of judicial review over them.

(i) Trace the growth of tribunals in India, especially administrative tribunals under the Administrative Tribunals Act. (ii) Comment on the proposition that revival of Panchayati Raj helps reduce judicial workload.

Discuss whether the decision in L. Chandra Kumar v. Union of India (1997) frustrated the purpose for which administrative tribunals were established.

Elaborate the proposition that the policy-and-guideline theory presupposes justice delivered by a quasi-judicial authority.

Explain the phenomenon of tribunalisation of justice in India.

Examine why the development of administrative law in the welfare State has made administrative tribunals necessary.

Discuss why legislative control over administration can be ineffective and whether comprehensive oversight is needed.

Define Lokpal and Lokayukta and distinguish their respective roles in the Indian context.

Discuss how the Lokpal and Lokayuktas Act, 2013 seeks transparency and accountability in public governance, including its relevance to conduct involving India and abroad.

(i) Discuss the powers and functions of the Lokpal and Lokayuktas under the 2013 Act and assess the Lokpal compared with other anti-corruption mechanisms. (ii) Explain the President’s power of pardon and the extent to which courts may review its exercise.

Critically examine the view that the Lokpal is intended to investigate complaints about administration rather than adjudicate disputes, and justify its role in India.

Assess whether the Lokpal institution envisaged by the 2013 legislation can effectively curb corruption. Identify shortcomings in its legislative framework, if any.

Explain the objectives, powers and functions of the Lokpal and Lokayuktas under the Lokpal and Lokayuktas Act, 2013. Assess the effectiveness of that enactment.

Discuss the Ombudsman’s role in redressing administrative faults affecting individual rights in the context of increasing commercial entities.

Write a critical note on the Indian Ombudsman as an unfulfilled institutional aspiration.

Discuss the Ombudsman as an instrument through which the legislature supervises the administration, using examples from India.

Describe the development of Public Interest Litigation as an exception to traditional locus standi. Explain its objectives, criticisms and relevant judicial decisions.

What constitutes Public Interest Litigation? Describe its principal features and limitations.

The term Public Interest Litigation is attributed to Abram Chayes in 1976 in the context of court-directed social reform. Discuss: (a) the meaning and scope of PIL; and (b) PIL in India with reference to legal provisions and judicial decisions.

Examine both propositions: (i) PIL can promote judicial politics; (ii) judicial activism may have positive and negative effects on the judiciary.

How has locus standi for writ petitions challenging administrative action been relaxed for public interest litigation? Comment on whether PIL can remedy every social wrong.

When may a person other than the directly affected party seek a writ from the High Court or Supreme Court? Discuss restrictions upon such petitions.

Explain the constitutional position and safeguards provided to civil servants in India.

Does India recognise an unrestricted doctrine of pleasure in public employment? Explain why the doctrine cannot operate in an absolute form.

What constitutional safeguards protect civil servants against dismissal, removal or reduction in rank? Do those safeguards apply to public-corporation employees? Refer to statutes and decisions.

Explain the constitutional principle that civil servants hold office during the pleasure of the President, and identify any restrictions or qualifications to that principle.

Explain the powers and functions of the Union Public Service Commission and discuss the safeguards of its impartiality.