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`/ Kirit P. Mehta School of Law/ School o
Academic Year: 2022-23
•Program: B.A., LL.B. (Hons.)/ B.B.A., LL.B. (Hons.)
Subject: Administrative Law

Date:09"ay/202_3_ Time: 2 Hrs. (2. Pn to 4Pm)
Marks: 50 No. of pages: I
Final Examination
Instructions: Candidates should read carefully the instructions printed on the question paper
and on the cover of the Answer Book, which is provided for their use.
1) Q1, Q2, Q3 & Q4 are Compulsory Questions

2) Q5, Q6, Q7 is choice based (Attempt any 2 out of 3)
3) Answer to each new question to be started on a fresh page. (Compulsory)
4) Figures in brackets on the right hand side indicate full marks. (Compulsory)
Total-30 Marks
Q.1. What do you conceptualize about Drozt 4dmz.;cz.sfrcrfz#?

Why was Sir AV Dicey skeptical about the system?
(5 marks)
Q.2. Examine the purpose of creating Central Vigilance Commissioner in India.
Is it anywhere relatable to Ombudsman? (5 marks)
Q.3. In 2019 when General elections were held in India. Smt. Shravani and M. Kapoor were
both coiitesting the elections from Rae Bareily constituency. Smt. Shravani was contesting on
the Tiger party ticket and Mr. Kapoor from Camel party ticket. M. Kapoor was hoping to win
the election by a huge margin from the constituency but when the results were declared it was
a landslide victory for Smt. Shravani as she managed to secure 352 seats out of 518 seats. Mr.
Kapoor, finding the result to be unfair decided to raise voice against her election by filing a
petition in the Allahabad High court alleging grounds of bribery, using government machinery
for election campaigns, and government resources to gain an unfair advantage in contesting the
election. The people who were considered political opponents or critics of Smt Shravani
including eminent political leaders were arrested in the name of preventive detention under a
Central Law.
(a) Explore the Jurisdiction and scope of action ofroy the High Court under Article 226
for the issuance of an appropriate wit to ensure personal liberty, on the ground that
the order of detention is not valid according to the provisions of the Law in force
and the detaining authority has abused the discretionary power vested in him by
virtue of the central Law (5 marks)
a) Is the Writ Jurisdiction a discretionary power of the Constitutional Courts? If yes,
what are the grounds on which the courts may refuse to entertain a writ petition?
(5 marks)
Q.4. ``With the paradigm shift from the police state to welfare state, the goverrmental functions
have increased manifold which has in turn resulted in an increase in litigations. The ordinary
courts of law are not in the position to solve the matters because of the complexity ihvolved
therein as well as because of the time constraints with them. There was felt a growing need to
Page 1 of 3
off load the Constitutional and other courts in a gradual and phased marmer and this led to the
devolution of adjudicatory functions and powers on the administrative bodies, ultimately
leading to the birth of Tribunals from within the womb of the Constitution of India."
\,
a. Discuss the stance of Constitution of India in establishing an independent, autonomous
and fearless scheme for administrative adjudication. (2 marks)
b. Explain the need of establishing tribunals as a system rather than working on an ad hoe
executive authority for the purpose of administrative adjudication. (3 marks)
c. Did tribalisation totally oust the Jurisdiction of the Constitutional Courts? Refer to
Landmark rulings in this regard. (5 marks)
Choice Based 2 out of 3 otal- 20 Marks
Q.5. "Natural justice is no unruly horse, no lurking landmine, nor ajudicial cure-all. If falmess
is shown by the decision-maker to the man proceeded against, the form, features and the
fundementals of such essential procedural propriety being conditioned by the facts and
circumstances of each situation, no breach of natural justice can be complained of. Unnatural
expansion of natural justice without reference to the admiliistrative realities and other factors
of a given case can be exasperating. Courts cannot look at law in the abstract or natural justice
as a mere artefact. . . If the totality of circumstances satisfies the Court that the party visited
with adverse order has not suffered from denial of reasonable opportunity the Court will decline
to be punctilious or fanatical as if the rules of natural justice were sacred scriptures."
a. Examine the relevance of the above proposition from a practical viewpoint. (5 marks)
b. Elucidate the exclusionary principle of the Rules of Natural Justice as to when can the said
rules be not treated as necessary. Refer to practical examples and live situations. (5 marks)
Q.6. "The Constitution of India articulates the role of the three organs of the State: the
legislature is required to make the law, the executive to execute the law and the judiciary to
interpret the law when it decides disputes. However, in actual practice, there is witnessed some
overlapping of functions between the three organs of the State. The dangers of overlapping had
been specifically cautioned against by Montesquieu in his idea of Separation of powers but the
Constitution of India has paid heed only in separating the Judiciary fi.om the executive, keeping
silence on the need of separation between the other organs inter-se."
a. Will it be correct to say that the Indian Constitution believes more on balance of powers
rather than on Separation of powers? Refer to some provisions in the Constitution of
India (5 marks)
b. Comment upon the constitutionality of delegated legislation in India with the above
observation in contemplation. Is there something like impermissible delegation in the
Indian context? (5 marks)
Q.7. "The doctrine of.legitimate expectation does not give scope to claim a relief straightaway
from the administrative authorities since here no crystallised right as such is involved. The
protection of such legitimate expectation does not warrant the fulfllment of the expectation
Page 2 of 3
where an overriding public interest requires otherwise. In other `words, where a person's
legitimate expectation is not fulfilled by taking a particular decision, the decision-maker should
justify the denial of such expectation by showing some overriding public interest as well as
proving some reasonability behind its action."
The Choice of the term `legitimate' in place of `legal' and `expectation' in place of `right' has
been very categorical in the administrative parlance. In such matters, the affected persons
carmot claim a legal right but can only contest a violation of his legitimate expectation.
a. With the above proposition, elucidate the underlying idea beneath the doctrine of
legitimate expectation with the help of suitable examples/situations. (5 marks)
b. Can the authority compelled to stick to the promise/assurance made by it at all cost?
Refer to decided cases on the point. (5 marks)
Page 3 of 3

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r=| \+Y .`.

_L` :J` |AJV4

Subject: Administrative Law

1) Q1, Q2, Q3 & Q4 are Compulsory Questions

Q.1. What do you conceptualize about Drozt 4dmz.;cz.sfrcrfz#?

Choice Based 2 out of 3 otal- 20 Marks

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