ADMINISTRATIVE LAW
This Post covers all UPSC Previous year questions (1990-2023) relating to Administrative law and is categorized in a year-wise manner.
1990
1. The Effective control of delegated legislation has been through Judiciary and not through the legislature. Comment on the statement. [section-A Q. No: 4(a)]
2. Is the principle of natural justice an essential precondition for all legal and administrative actions? Explain the position of this principle as it has emerged under the constitution. [section-A Q.No: 1(b)]
1991
3. The Supremacy of the constitution in Indian legal system in reality means primacy of the Judiciary over other organs of Government Discuss. [section-A Q. No: 1(c)]
4. Delegation of legislative powers becomes unconstitutional when there is excessive delegation. Explain the statement and examine the limits of valid delegation of legislative powers in India.[section-A Q. No: 1(d)]
5. Are the Principles of Natural Justice embodied rules of the Constitution of India having the Characteristics of Due Process of Law and Possessing the Importance of Fundamental rights? Discuss how the Supreme Court has answered this question and how it has in Tulsi Ram Patel Case defined the nature and Scope of Natural Justice [section-A Q. No: 3(a)]
1992
6. Arbitrariness is the very antithesis of equality. Discuss.[section-A Q. No: 1(b)]
7. In Matters of Larger Public Interest the requirement of Locus standi has been liberally constructed. Illustrate your answers with reference to decided cases [section-A Q. No: 1(c)]
1993 (No Questions)
1994
8. Distinction between quasi-judicial and administrative functions is no longer the exclusive criterion for deciding whether or not the rules of natural justice apply. Critically examine the above statement.[section-A Q. No: 1(a)]
9. One of the methods of control over the exercise of power of delegated legislation is legislative overseeing of delegated legislation Discuss and highlight the legislative control over the delegated legislation.[section-A Q. No: 1(d)]
1995
10. A quasi-judicial authority cannot make any decisions adverse to any party without giving him an effective opportunity of meeting any relevant allegations against him. Examine.[section-A Q. No: 1(b)]
11. The Central Executive... Exercises not only executive functions but also, in a limited way, judicial functions, Comment on the various powers of the executive at the center.[section-A Q. No: 3(a)]
1996
12. The High Court's power of superintendence under Article 227 is an administrative as well as of judicial nature. Discuss.[section-A Q. No: 1(d)]
1997 (No Questions)
1998
13. Repromulgation of ordinances without placing them before the Legislative Assembly is a fraud on the Constitution. Discuss with reference to DC Wadhwas case. [section-A Q. No: 1(c)]
1999
14. Justice should not only be done but should manifestly and undoubtedly be seem to be done. [section-A Q. No: 1(c)]
2000
15. The question today is not whether there should be delegated legislation, but subject to what safeguards it should be resorted to. Critically examine the statement.[section-A Q. No: 1(d)] 20 marks
16. The Transport Commissioner is the Director, ex-officio of the Karnataka State Road Transport Corporation (KSRTC) which is responsible for the operation and management of the Corporation. The Transport Commissioner is simultaneously Chairman of the KSRTC Authority which has power to grant/refuse stage carrier permits. In this case, private bus operators had applied for renewal of their stage carriage permit in respect of various routes. At the same time KSRTC also applied for fresh stage carriage permits in respect of the same routes
Examine with reference to the relevant provisions of the Administrative Law, whether the commission can be restrained from exercising his power. Give reasons for your answer.[section-A Q. No: 4(a)] 30 marks
Examine with reference to the relevant provisions of the Administrative Law, whether the commission can be restrained from exercising his power. Give reasons for your answer.[section-A Q. No: 4(a)] 30 marks
2001
17. There is no abdication, surrender of legislative function so long as the legislature has expressed its will on the particular subject matter, indicated its policy, and left effectuation of policy of subordinate agency. Discuss [section-A Q. No: 1(d)] 20 marks
18. Except in cases where the requirement has been dispensed with expressly or by necessary implication an administrative authority exercising judicial or quasi-judicial functions is required to record the reasons for its decisions.
Examine and discuss whether administrative authority must record reasons for its decisions when performing administrative functions. [section-A Q. No: 2(b)] 30 marks
2002
19. Outline the methods of Parliamentary control over delegated legislation. [section-A Q. No: 4(a)] 30 marks
20. Illustrate the doctrine of Nerno judex in causa sua (no one should be a judge in his own cause) as an effective rule of natural justice. [section-A Q. No: 4(b)] 30 marks
2003
21. One of the methods of control over the exercise of power of delegated legislation is legislative overseeing of delegated legislation. Discuss, Highlight the legislative control over delegated legislation. [section-A Q. No: 1(d)] 20 marks
2004
22. What is Judicial activism? In this context evaluate the contribution of the Supreme Court of India, which is empowered to act as the guardian of the constitution. [section-A Q. No: 1(d)] 20 marks
2005
23. "All these years Article 368 has seen a tug of war between the constituent power and judicial review." Comment on and narrate this development in detail. [section-A Q. No: 2(a)] 30 marks
24."Bias vitiates all judicial and quasi-judicial proceedings." Comment on this statement and give two examples to illustrate the principle. [section-A Q. No: 2(a)] 30 marks
2006
25. The Concept of natural justice is elastic and is not susceptible to precise definition. Do you agree with this statement? Explain the concept of natural justice with the help of case law. [section-A Q. No: 1(d)] 20 marks
26. Essential legislative functions cannot be delegated. Explain with the help of case law. Also, discuss the technique and utility of legislative control of delegated legislation. [section-A Q. No: 4(a)] 30 marks
2007
27. Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Legislation as expounded by the Supreme Court in MC Metha vs Union of India, AIR 1987 SC. 1086 [section-A Q. No: 2(a)] 30 marks
2008
28. "Rule of Law" does not mean according to statutory law, pure and simple, because such a law itself may itself be harsh, inequitable, discriminatory, or unjust.'Rule of law' connotes some higher kind of law which is reasonable, just, and non-discriminatory. Explain. [section-A Q. No: 1(a)]
29. "The legislative cannot delegate its powers to make law: but it can make a law to delegate a power to determine same fact or state of things upon which the law intents to make its own action depends." Critically comment on the above statement and discuss with the aid of relevant legal provisions and case laws. [section-A Q. No: 3(a)]
2009
30. "There is still a controversy whether 'Reasoned Decision' comprise a third pillar of natural justice."
Do you agree with the statement? Discuss with reference to recent case laws.[section-A Q. No: 1(b)] 20 marks
31. "By evolving the concept of jurisdictional facts, the courts have broadened the power of judicial review of administrative action."
Discuss this statement and compare the extent of judicial review of administrative action over jurisdictional facts and ordinary facts. [section-A Q. No: 2(a)] 30 marks
32. Short Note: Indian ombudsman - unfulfilled dreams [section-A Q. No: 4(b)] 30 marks
2010
33. "The fragrance and the color which is enshrined in Article 141 of the Constitution of India is destined to uphold the rule of law in the interest of justice and the people of India." Do you agree? [section-A Q. No: 1(a)] 20 marks
34. The Doctrine of separation of powers in its classical sense, which is functional rather than structural, cannot be applied in any modern government. Discuss. [section-A Q. No: 1(d)] 20 marks
35. "Locus standi is necessary for challenging an administrative action. through a writ petition. How has it been liberalized in case of Public Interest Litigation? Comment on the statement that, "PIL is not a PILL against all ILLS." [section-A Q. No: 2(b)] 30 marks
36. Critically examine the role of the Supreme Court of India in the maintenance of minimum standards in public life and polity. Opine on how much of it is enforcement of the rule of law and how much of it is judicial activism. [section-A Q. No: 3(a)] 30 marks
37. Critical note: "The Doctrine of Excessive Delegation is a judicially tailored principle." [section-A Q. No: 4(c)] 20 marks
2011
38. "The Judiciary by usurping the powers of the two other organs of the Government in certain matters has diluted the theory of separation of powers." Do you agree? Examine critically. [section-A Q. No: 1(b)] 15 marks
2012
39. Do you agree with the statement that 'relooking of the process of delegation is necessary, particularly in the context to substantial amount of public participation?' Comment critically. [section-A Q. No: 1(e)] 12 marks
40. Critical note: Doctrine of Legitimate Expectation. [section-A Q. No: 4(a)] 20 marks
41. Critical note: Modern progressive approach of the principles of natural justice. [section-A Q. No: 4(c)] 20 marks
42. In the presence of institutions like the Competition Commission of India and the Telecom Regulatory Authority of India, where policy-making and adjudicatory functions are fused, comment on the significance of the doctrine of separation of powers in the contemporary Indian scenario. [section-A Q. No: 3(b)] 20 marks
2013
43. "The Constitution of India merely subscribes to three-fold division of gubernatorial functions and not to the doctrine of separation of powers in its absolute rigidity." Comment. [section-A Q. No: 2(b)] 25 marks
2014
44. Examine the doctrine of separation of powers. Also, mention the relevance of this doctrine in India.
[section-A Q. No: 1(e)] 10 marks
45. What is 'Public Interest Ligation'? What are the major facets of this form of litigation? Also discuss the limitations of this type of litigation. [section-A Q. No: 3(c)] 15 marks
2015
46. Define and distinguish between the terms 'Lokayukta" and 'Lokpal' in the Indian context. Also mentions about its relevance. [section-A Q. No: 1(d)] 10 marks
47. In the light of the fact the Constitution of India has no express prohibition on delegated legislation, critically evaluate the basis for different judicial positions either prohibiting excessive delegation or permitting delegation without Constitutional Limitations. [section-A Q. No: 3(a)] 20 marks
2016
48. The rule against bias strikes at such factors which may improperly influence in arriving at a decision. Comment. [section-A Q. No: 1(c)] 20 marks
49. "The need for administrative rule making entails delegated legislation." Comment. [section-A Q. No: 2(c)] 15 marks
50. "The 'Rule of Law' is based on the principle of legality and is opposed to exercise of arbitrary power s." Discuss. Explain whether failure to give reasons amounts to exercising power arbitrarily. [section-A Q. No: 4(a)] 20 marks
51. The role of 'Ombudsman' is to correct the administrative faults which are troubling rights of a person in view of proliferation of trading entities. Discuss. [section-A Q. No: 4(b)] 15 marks
52. " 'The Policy and Guideline theory' presupposes delivery of justice by quasi-judicial authority." Elaborate it. [section-A Q. No: 4(c)] 15 marks
2017
53. Explain the phenomenon of Tribunalisation of justice in India. [section-A Q. No: 1(d)] 10 marks
54. Briefly explain the grounds on which administrative actions can be subjected to Judicial Review. [section-A Q. No: 1(e)] 10 marks
55. Explain the significance of the rule of 'AUDI ALTERAM PARTEM' in administrative decision-making and state the circumstances under which 'post decisional hearing' can effectively satisfy the mandate of natural justice. [section-A Q. No: 2(c)] 20 marks
56. Do you think the current trends in judicial activism in India are inconsistent with the principles of separation of powers, which is considered to be one of the basic features of the constitution? [section-A Q. No: 4(a)] 20 marks
57. Do you think the institution of Lokpal, as envisaged under the Lokpal and the Lokayukta Act, 2013, is efficacious enough to curb corruption in India? State the inadequacies in the Legislative framework if any. [section-A Q. No: 4(c)] 15 marks
2018
58. Administrative powers/actions are not always in conflict with the 'rule of law' principle. Discuss with illustration. [section-A Q. No: 1(b)] 10 marks
59. "Natural justice is not a made to order formula which has to be fitted to all situations with an iron-bound uniformity." Comment. Refer to case laws. [section-A Q. No: 1(d)] 10 marks
60. Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain. [section-A Q. No: 3(c)] 15 marks
61. Under what circumstances, does a third party, apart from concerned parties, have locus standi to move writ petition before the High Court or Supreme Court in India? Also point out the limitations of such petitions. [section-A Q. No: 4(c)] 15 marks
2019
62. "The purpose of the office of the 'Lokpal' is not to adjudicate, but to provide regular machinery for investigating grievances against the administration in a discrete and informal manner." Critically examine this statement by providing proper justification of the office of the 'Lokpal' in India.[section-A Q. No: 1(b)] 10 marks
63. " 'Audi alteram partem', rule is a very flexible, malleable, and adaptable concept of natural justice to adjust the need for the speed and obligation to act fairly.' Examine the statement with the help of decided case law. [section-A Q. No: 1(c)] 10 marks
64. Give an overview of the growth of the Tribunals in India with special reference to Administrative Tribunals established under the Administrative Tribunal Act. [section-A Q. No: 2(a)(i)] 10 marks
65. While conferring the Power of delegated legislation on the administration, the enabling Act may specify the procedural safeguards to be followed in the exercise of the power. What are the consequences of non-compliance with the requirement as laid down in the Act? Discuss with the help of decided cases. [section-A Q. No: 3(a)] 20 marks
66. What do you mean by the term 'Rule of Law'? The basic element of Dicey's Doctrine of the rule of law is, 'Be you ever so high, the law is above you. Discuss with the help of Decided cases. [section-A Q. No: 4(a)] 20 marks
67. (i) Public Interest Litigation is a tool to promote politics of the judiciary.
(ii) Judicial Activism has both positive and negative impact, on the Judiciary. [section-A Q. No: 4(c)] 20 marks
2020
68. What are the various modes of judicial control of delegated legislation? [section-A Q. No: 1(e)] 10 marks
69. Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal and the Lokayukta under the Lokpal and Lokayuktas Act, 2013. How do you think the office of Lokpal is better than other anti-corruption mechanisms? [section-A Q. No: 2(a)(i)] 10 marks
70. "Distinction between quasi-judicial and administrative functions in no longer the exclusive criteria for deciding whether or not, the rules of Natural justice apply." Critically examine this statement. [section-A Q. No: 2(b)] 15 marks
2021
71. Delegation of 'Legislative Powers' has neither been permitted nor prohibited under the Indian Constitution. Discuss the constitutionality of Delegated Legislation with the Help of decided cases. [section-A Q. No: 1(e)] 10 marks
72. Explain the various principles of natural justice with the help of relevant decided cases.[section-A Q. No: 3(c)] 15 marks
73. What is meant by the 'Doctrine of Separation of Powers'? Is strict adherence of the doctrine possible under a parliamentary form of government? Discuss with the help of relevant case laws. [section-A Q. No: 4(c)] 15 marks
2022
74. Elucidate 'Wednesbury's Principles of Unreasonableness'. Do these principles provide in anyway, scope for 'merit review' of administrative decisions? [section-A Q. No: 1(e)] 10 marks
75. What are the grounds to declare a delegated legislation as substantive ultravires? Refer case laws. [section-A Q. No: 3(b)] 15 marks
76. Are administrative tribunals competent to examine the constitutional validity of primary legislations? Discuss in the light of case law. [section-A Q. No: 4(b)] 15 marks
77. Explain the significance of 'Audi Alteram Partem'. What are the cases or circumstances in which the aforesaid principles of natural justice can be excluded? [section-A Q. No: 4(c)] 15 marks
2023
78. "The principles of natural justice are not cast in stone and there is always possibility of deviation from stated principles of law in view of overall demands of justice." Explain citing decided cases on the subjects. [section-A Q. No: 1(d)] 10 marks
79. Explain and elucidate the grounds of judicial review for administrative actions, by quoting decided cases on the subjects. [section-A Q. No: 1(e)] 10 marks
OTHER TOPIC QUESTIONS
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