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Administrative Law MCQs for CLAT PG

CLAT PG Administrative Law questions 1-25 of 100, with answer keys and explanations covering delegated legislation, natural justice, tribunals, discretion, judicial review, and state accountability.

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Revise core LLB subjects through CLAT PG MCQs, passage-led questions, answer keys, explanations, statutes, and exam-oriented legal principles.

  • Administrative Discretion and its Abuse5
  • Administrative Tribunals5
  • Certiorari and Ultra Vires Doctrine5
  • Control of Delegated Legislation - Parliamentary and Judicial5
  • Delegated Legislation - Nature and Validity5
  • Doctrine of Legitimate Expectation in Government Contracts5
  • Doctrine of Promissory Estoppel5
  • Doctrine of Proportionality in Administrative Law5
  • Doctrine of Separation of Powers in Administrative Context5
  • Judicial Review of Administrative Action - Grounds5
  • Legitimate Expectation5
  • Natural Justice - Audi Alteram Partem5
  • Natural Justice - Rule Against Bias5
  • Nature and Scope of Administrative Law5
  • Ombudsman - Lokpal and Lokayukta5
  • Principles of Natural Justice - Fairness in Public Law5
  • Quasi-Judicial Functions and Duty to Give Reasons5
  • Right to Information and Transparency5
  • Rule of Law - Dicey and Indian Constitution5
  • Tortious Liability of the State5
Passage or principleAshok K. Jain Admin Law Ch.4 / Padfield / Shrilekha Vidyarthi

Administrative discretion refers to the power of an administrative authority to choose between courses of action or inaction based on its own judgment within the limits prescribed by law. Discretionary power is a necessary feature of the modern administrative State - it allows flexibility and sensitivity to individual circumstances. However, discretion must be exercised properly and legally. Courts have identified several forms of abuse of discretion that render administrative action invalid. Acting mala fide (in bad faith) - where the power is exercised for an improper purpose or with ill-will towards the affected person - is a clear ground for setting aside administrative action. Considering irrelevant factors - where the decision-maker takes into account matters which are legally irrelevant to the decision - also vitiates the exercise of discretion. Failing to consider relevant factors - where the decision-maker ignores material that the law requires to be considered - similarly invalidates the decision. Fettering of discretion occurs when an authority makes a rigid policy that it applies automatically without applying its mind to individual cases - this amounts to the authority refusing to exercise the very discretion the law confers. In Padfield v. Minister of Agriculture (1968), the English House of Lords held that even a discretion expressed in the widest terms ('the Minister may refer the matter...') is not unfettered - it must be exercised for the purpose for which it was conferred. In Shrilekha Vidyarthi v. State of Uttar Pradesh (1991), the Supreme Court of India held that the State acting as an employer cannot act arbitrarily - all State actions must be fair and reasonable, and arbitrary termination of government advocates violated Article 14.

Question 1EasyAdministrative Discretion and its Abuse

Administrative discretion is described in the passage as:

  1. A

    Absolute power to act in any manner

  2. B

    The power of an administrative authority to choose between courses of action within the limits prescribed by law based on its own judgment

  3. C

    Power that courts cannot ever review

  4. D

    Power that only the President can exercise

View answer and explanation

Correct answer: B. The power of an administrative authority to choose between courses of action within the limits prescribed by law based on its own judgment

The passage states: 'Administrative discretion refers to the power of an administrative authority to choose between courses of action or inaction based on its own judgment within the limits prescribed by law.'

Source note: Ashok K. Jain Admin Law Ch.4 / Padfield / Shrilekha Vidyarthi

Question 2MediumAdministrative Discretion and its Abuse

'Fettering of discretion' as described in the passage means:

  1. A

    Legally restricting a government authority's powers

  2. B

    An authority making a rigid policy applied automatically without applying its mind to individual cases - refusing to exercise the discretion the law confers

  3. C

    Granting too much discretion to subordinate officials

  4. D

    Courts limiting the discretion of administrative bodies

View answer and explanation

Correct answer: B. An authority making a rigid policy applied automatically without applying its mind to individual cases - refusing to exercise the discretion the law confers

The passage states: 'Fettering of discretion occurs when an authority makes a rigid policy that it applies automatically without applying its mind to individual cases - this amounts to the authority refusing to exercise the very discretion the law confers.'

Source note: Ashok K. Jain Admin Law Ch.4 / Padfield / Shrilekha Vidyarthi

Question 3MediumAdministrative Discretion and its Abuse

In Padfield v. Minister of Agriculture (1968), the House of Lords held that discretionary power:

  1. A

    Must be exercised strictly according to the Minister's personal preference

  2. B

    Even when expressed in the widest terms, is not unfettered - it must be exercised for the purpose for which it was conferred

  3. C

    Can never be reviewed by courts

  4. D

    Is absolute if the statute uses permissive language ('may')

View answer and explanation

Correct answer: B. Even when expressed in the widest terms, is not unfettered - it must be exercised for the purpose for which it was conferred

The passage states: 'In Padfield...the English House of Lords held that even a discretion expressed in the widest terms (the Minister may refer the matter) is not unfettered - it must be exercised for the purpose for which it was conferred.'

Source note: Ashok K. Jain Admin Law Ch.4 / Padfield / Shrilekha Vidyarthi

Question 4EasyAdministrative Discretion and its Abuse

In Shrilekha Vidyarthi v. State of Uttar Pradesh (1991), the Supreme Court held that:

  1. A

    The State can terminate government advocates at will

  2. B

    The State acting as an employer cannot act arbitrarily - all State actions must be fair and reasonable, and arbitrary termination violated Article 14

  3. C

    Employment contracts with the State are not subject to constitutional review

  4. D

    Government advocates are not government servants

View answer and explanation

Correct answer: B. The State acting as an employer cannot act arbitrarily - all State actions must be fair and reasonable, and arbitrary termination violated Article 14

The passage states: 'the Supreme Court of India held that the State acting as an employer cannot act arbitrarily - all State actions must be fair and reasonable, and arbitrary termination of government advocates violated Article 14.'

Source note: Ashok K. Jain Admin Law Ch.4 / Padfield / Shrilekha Vidyarthi

Question 5EasyAdministrative Discretion and its Abuse

'Considering irrelevant factors' as a ground of challenging administrative discretion means:

  1. A

    The decision-maker did not give sufficient weight to all factors

  2. B

    The decision-maker took into account matters which are legally irrelevant to the decision - vitiating the exercise of discretion

  3. C

    The decision-maker made a factual error

  4. D

    The decision-maker acted too quickly

View answer and explanation

Correct answer: B. The decision-maker took into account matters which are legally irrelevant to the decision - vitiating the exercise of discretion

The passage states: 'Considering irrelevant factors - where the decision-maker takes into account matters which are legally irrelevant to the decision - also vitiates the exercise of discretion.'

Source note: Ashok K. Jain Admin Law Ch.4 / Padfield / Shrilekha Vidyarthi

Passage or principleAshok K. Jain Admin Law / Articles 323A-B / L. Chandra Kumar (1997)

Administrative tribunals are specialised adjudicatory bodies established to resolve disputes in specific areas of administrative law, particularly service matters and tax disputes. In India, the Administrative Tribunals Act 1985 was enacted under Article 323A of the Constitution (which was inserted by the 42nd Amendment 1976) to establish the Central Administrative Tribunal (CAT) and State Administrative Tribunals to deal with service matters of government employees. The establishment of specialised tribunals was intended to provide expert, speedy and inexpensive justice in technical and complex matters beyond the competence of ordinary civil courts. Article 323B similarly enables Parliament and State Legislatures to set up tribunals for other matters such as taxation, foreign exchange, industrial disputes, land reforms, etc. However, the relationship between administrative tribunals and the constitutional courts - particularly the High Courts - raised important constitutional questions. In L. Chandra Kumar v. Union of India (1997), a seven-judge bench of the Supreme Court held that the power of judicial review under Articles 226 and 227 of the High Courts and under Article 32 of the Supreme Court are part of the basic structure of the Constitution and cannot be excluded even by a constitutional amendment. Consequently, while tribunals can be the first adjudicatory forum, their decisions must be subject to the supervisory jurisdiction of the High Courts under Article 226/227. The Supreme Court itself can be approached under Article 136 (Special Leave Petition) but ordinarily, parties should first challenge tribunal decisions in the High Court.

Question 6EasyAdministrative Tribunals

Administrative tribunals were established primarily to:

  1. A

    Replace all civil courts in India

  2. B

    Provide expert, speedy and inexpensive justice in technical and complex matters - particularly service matters and tax disputes - beyond ordinary civil court competence

  3. C

    Handle all criminal cases involving government employees

  4. D

    Advise the government on legislative matters

View answer and explanation

Correct answer: B. Provide expert, speedy and inexpensive justice in technical and complex matters - particularly service matters and tax disputes - beyond ordinary civil court competence

The passage states: 'The establishment of specialised tribunals was intended to provide expert, speedy and inexpensive justice in technical and complex matters beyond the competence of ordinary civil courts.'

Source note: Ashok K. Jain Admin Law / Articles 323A-B / L. Chandra Kumar (1997)

Question 7EasyAdministrative Tribunals

Article 323A was inserted into the Constitution by which Amendment?

  1. A

    24th Amendment

  2. B

    42nd Constitutional Amendment 1976

  3. C

    44th Amendment

  4. D

    73rd Amendment

View answer and explanation

Correct answer: B. 42nd Constitutional Amendment 1976

The passage states: 'Article 323A of the Constitution (which was inserted by the 42nd Amendment 1976)'

Source note: Ashok K. Jain Admin Law / Articles 323A-B / L. Chandra Kumar (1997)

Question 8MediumAdministrative Tribunals

In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the power of judicial review under Articles 226 and 227:

  1. A

    Can be completely excluded by Parliament

  2. B

    Is part of the basic structure of the Constitution and cannot be excluded even by a constitutional amendment

  3. C

    Can be excluded by ordinary legislation

  4. D

    Is not a fundamental right

View answer and explanation

Correct answer: B. Is part of the basic structure of the Constitution and cannot be excluded even by a constitutional amendment

The passage states: 'In L. Chandra Kumar...the Supreme Court held that the power of judicial review under Articles 226 and 227 of the High Courts and under Article 32 of the Supreme Court are part of the basic structure of the Constitution and cannot be excluded even by a constitutional amendment.'

Source note: Ashok K. Jain Admin Law / Articles 323A-B / L. Chandra Kumar (1997)

Question 9MediumAdministrative Tribunals

According to the passage, the relationship between tribunal decisions and High Courts after L. Chandra Kumar is that:

  1. A

    Tribunal decisions are final and binding with no High Court review

  2. B

    Tribunals can be the first adjudicatory forum but their decisions must be subject to supervisory jurisdiction of High Courts under Articles 226/227

  3. C

    Only the Supreme Court can review tribunal decisions

  4. D

    High Courts cannot review any tribunal decisions

View answer and explanation

Correct answer: B. Tribunals can be the first adjudicatory forum but their decisions must be subject to supervisory jurisdiction of High Courts under Articles 226/227

The passage states: 'while tribunals can be the first adjudicatory forum, their decisions must be subject to the supervisory jurisdiction of the High Courts under Article 226/227.'

Source note: Ashok K. Jain Admin Law / Articles 323A-B / L. Chandra Kumar (1997)

Question 10EasyAdministrative Tribunals

Article 323B of the Constitution enables Parliament and State Legislatures to set up tribunals for matters such as:

  1. A

    Only service disputes of government employees

  2. B

    Taxation, foreign exchange, industrial disputes, land reforms and other specified matters

  3. C

    Only tax disputes at the Central level

  4. D

    Only matters involving Constitutional amendments

View answer and explanation

Correct answer: B. Taxation, foreign exchange, industrial disputes, land reforms and other specified matters

The passage states: 'Article 323B similarly enables Parliament and State Legislatures to set up tribunals for other matters such as taxation, foreign exchange, industrial disputes, land reforms, etc.'

Source note: Ashok K. Jain Admin Law / Articles 323A-B / L. Chandra Kumar (1997)

Passage or principleAshok K. Jain Admin Law / R v. Northumberland Compensation Appeal Tribunal / Indian cases

Certiorari is a writ issued by a superior court to an inferior court or tribunal to remove a case to the superior court or to quash an order made without jurisdiction or in excess of jurisdiction. In administrative law, the writ of certiorari (now generally available under Articles 226 and 32 of the Indian Constitution) is one of the most important remedies for controlling administrative action. The writ of certiorari will lie to quash a decision if: the body acted without jurisdiction (had no power to make the decision), exceeded its jurisdiction (went beyond the limits of its lawful authority), made an error of law apparent on the face of the record, violated the principles of natural justice, or acted in bad faith. The doctrine of ultra vires is fundamental to administrative law - an act done by an administrative authority beyond the powers conferred on it by the enabling statute is ultra vires (Latin: beyond the powers) and void. Ultra vires can be substantive (the authority exceeded the substance or scope of the power granted) or procedural (the authority failed to follow the mandatory procedure prescribed for the exercise of the power). In Anisminic Ltd. v. Foreign Compensation Commission (1969), the English House of Lords significantly expanded the grounds for certiorari by holding that any error of law by a tribunal - even an 'intra vires' error - could make the decision a nullity if it went to the jurisdiction of the tribunal. Indian courts have broadly followed Anisminic and hold that any jurisdictional error - whether at the threshold or during the exercise of jurisdiction - renders the decision amenable to certiorari.

Question 11EasyCertiorari and Ultra Vires Doctrine

The writ of certiorari is issued to:

  1. A

    Compel a public authority to perform its duty

  2. B

    An inferior court or tribunal to quash an order made without or in excess of jurisdiction

  3. C

    Release a detained person

  4. D

    Prevent inferior courts from proceeding

View answer and explanation

Correct answer: B. An inferior court or tribunal to quash an order made without or in excess of jurisdiction

The passage states: 'Certiorari is a writ issued by a superior court to an inferior court or tribunal to remove a case to the superior court or to quash an order made without jurisdiction or in excess of jurisdiction.'

Source note: Ashok K. Jain Admin Law / R v. Northumberland Compensation Appeal Tribunal / Indian cases

Question 12EasyCertiorari and Ultra Vires Doctrine

The grounds on which certiorari will lie as described in the passage include:

  1. A

    Only when the decision is wrong on the merits

  2. B

    When the body acted without jurisdiction, exceeded its jurisdiction, made an error of law on the face of the record, violated natural justice, or acted in bad faith

  3. C

    Only when the decision violates a fundamental right

  4. D

    Only when Parliament has specifically authorised its use

View answer and explanation

Correct answer: B. When the body acted without jurisdiction, exceeded its jurisdiction, made an error of law on the face of the record, violated natural justice, or acted in bad faith

The passage states certiorari lies when 'the body acted without jurisdiction (had no power to make the decision), exceeded its jurisdiction...made an error of law apparent on the face of the record, violated the principles of natural justice, or acted in bad faith.'

Source note: Ashok K. Jain Admin Law / R v. Northumberland Compensation Appeal Tribunal / Indian cases

Question 13EasyCertiorari and Ultra Vires Doctrine

The doctrine of ultra vires means that an act by an administrative authority beyond its powers is:

  1. A

    Valid but subject to appeal

  2. B

    Ultra vires (beyond the powers) and void

  3. C

    Subject to confirmation by a higher authority

  4. D

    Valid unless challenged within six months

View answer and explanation

Correct answer: B. Ultra vires (beyond the powers) and void

The passage states: 'an act done by an administrative authority beyond the powers conferred on it by the enabling statute is ultra vires...and void.'

Source note: Ashok K. Jain Admin Law / R v. Northumberland Compensation Appeal Tribunal / Indian cases

Question 14MediumCertiorari and Ultra Vires Doctrine

'Procedural ultra vires' as described in the passage occurs when:

  1. A

    The authority exceeds the substance of the power granted

  2. B

    The authority fails to follow the mandatory procedure prescribed for the exercise of the power

  3. C

    The decision affects too many people

  4. D

    The authority acts in good faith but makes a mistake

View answer and explanation

Correct answer: B. The authority fails to follow the mandatory procedure prescribed for the exercise of the power

The passage states: 'Ultra vires can be substantive...or procedural (the authority failed to follow the mandatory procedure prescribed for the exercise of the power).'

Source note: Ashok K. Jain Admin Law / R v. Northumberland Compensation Appeal Tribunal / Indian cases

Question 15HardCertiorari and Ultra Vires Doctrine

The significance of Anisminic Ltd. v. Foreign Compensation Commission (1969) described in the passage is that it:

  1. A

    Restricted the use of certiorari to pure jurisdictional errors only

  2. B

    Expanded grounds for certiorari - holding that any error of law by a tribunal, even an intra vires error, could make the decision a nullity if it went to the tribunal's jurisdiction

  3. C

    Abolished the writ of certiorari in England

  4. D

    Required all tribunals to give written reasons

View answer and explanation

Correct answer: B. Expanded grounds for certiorari - holding that any error of law by a tribunal, even an intra vires error, could make the decision a nullity if it went to the tribunal's jurisdiction

The passage states: 'Anisminic Ltd....significantly expanded the grounds for certiorari by holding that any error of law by a tribunal - even an intra vires error - could make the decision a nullity if it went to the jurisdiction of the tribunal.'

Source note: Ashok K. Jain Admin Law / R v. Northumberland Compensation Appeal Tribunal / Indian cases

Passage or principleAshok K. Jain Admin Law Ch.3 / Laying / Subordinate Legislation Committees

Delegated legislation, while a necessary feature of the modern administrative State, requires effective control to prevent abuse of the powers delegated by Parliament to the executive. Three forms of control exist: parliamentary control, procedural control and judicial control. Parliamentary control operates primarily through the 'laying' procedure - Parliament requires that delegated legislation (statutory instruments, rules, regulations) be laid before it for a period before taking effect or after coming into effect, during which Parliament can annul or modify it. In India, many parent statutes require rules to be laid before Parliament. Two types of laying exist: affirmative resolution (the delegated legislation takes effect only if both Houses pass a resolution approving it - applicable to the most important subordinate legislation) and negative resolution (the subordinate legislation automatically comes into force unless Parliament passes a resolution annulling it within a specified period). Procedural controls include requirements of consultation with affected interests before making rules, publication in the Official Gazette (to give notice to affected persons), and following prescribed forms. Judicial control is the most effective form - courts can declare subordinate legislation ultra vires (substantively or procedurally) and void. In Ramesh Chandra Kachardas Porwal v. State of Maharashtra (1981), the Supreme Court held that if a rule contradicts or exceeds the scope of the parent statute, it is ultra vires and void. In general, courts interpret subordinate legislation strictly and will not expand its scope by liberal interpretation.

Question 16EasyControl of Delegated Legislation - Parliamentary and Judicial

The three forms of control over delegated legislation described in the passage are:

  1. A

    Financial, administrative and political control

  2. B

    Parliamentary control, procedural control and judicial control

  3. C

    Ministerial, departmental and parliamentary control

  4. D

    Presidential, judicial and public control

View answer and explanation

Correct answer: B. Parliamentary control, procedural control and judicial control

The passage identifies: 'Three forms of control exist: parliamentary control, procedural control and judicial control.'

Source note: Ashok K. Jain Admin Law Ch.3 / Laying / Subordinate Legislation Committees

Question 17EasyControl of Delegated Legislation - Parliamentary and Judicial

Under the 'affirmative resolution' procedure described in the passage:

  1. A

    Delegated legislation automatically comes into force unless Parliament annuls it

  2. B

    The delegated legislation takes effect only if both Houses pass a resolution approving it - applicable to the most important subordinate legislation

  3. C

    Only the Rajya Sabha must approve the legislation

  4. D

    The President must personally approve each piece of delegated legislation

View answer and explanation

Correct answer: B. The delegated legislation takes effect only if both Houses pass a resolution approving it - applicable to the most important subordinate legislation

The passage states: 'affirmative resolution (the delegated legislation takes effect only if both Houses pass a resolution approving it - applicable to the most important subordinate legislation).'

Source note: Ashok K. Jain Admin Law Ch.3 / Laying / Subordinate Legislation Committees

Question 18MediumControl of Delegated Legislation - Parliamentary and Judicial

Under the 'negative resolution' procedure:

  1. A

    Delegated legislation requires active parliamentary approval before coming into force

  2. B

    The subordinate legislation automatically comes into force unless Parliament passes a resolution annulling it within a specified period

  3. C

    The courts must review all negative resolution legislation

  4. D

    The executive must obtain court approval

View answer and explanation

Correct answer: B. The subordinate legislation automatically comes into force unless Parliament passes a resolution annulling it within a specified period

The passage states: 'negative resolution (the subordinate legislation automatically comes into force unless Parliament passes a resolution annulling it within a specified period).'

Source note: Ashok K. Jain Admin Law Ch.3 / Laying / Subordinate Legislation Committees

Question 19MediumControl of Delegated Legislation - Parliamentary and Judicial

Procedural controls over delegated legislation include:

  1. A

    Only parliamentary supervision

  2. B

    Requirements of consultation with affected interests, publication in the Official Gazette, and following prescribed forms

  3. C

    Only judicial review

  4. D

    Only financial audit by the CAG

View answer and explanation

Correct answer: B. Requirements of consultation with affected interests, publication in the Official Gazette, and following prescribed forms

The passage states: 'Procedural controls include requirements of consultation with affected interests before making rules, publication in the Official Gazette...and following prescribed forms.'

Source note: Ashok K. Jain Admin Law Ch.3 / Laying / Subordinate Legislation Committees

Question 20EasyControl of Delegated Legislation - Parliamentary and Judicial

In Ramesh Chandra Kachardas Porwal v. State of Maharashtra (1981), the Supreme Court held that:

  1. A

    All rules made by the executive are valid as long as Parliament does not object

  2. B

    If a rule contradicts or exceeds the scope of the parent statute, it is ultra vires and void

  3. C

    Judicial review of delegated legislation is not permitted

  4. D

    Courts must follow a liberal interpretation of subordinate legislation

View answer and explanation

Correct answer: B. If a rule contradicts or exceeds the scope of the parent statute, it is ultra vires and void

The passage states: 'In Ramesh Chandra Kachardas Porwal v. State of Maharashtra (1981), the Supreme Court held that if a rule contradicts or exceeds the scope of the parent statute, it is ultra vires and void.'

Source note: Ashok K. Jain Admin Law Ch.3 / Laying / Subordinate Legislation Committees

Passage or principleAshok K. Jain Admin Law Ch.2 / In Re Delhi Laws Act / Hamdard Dawakhana

Delegated legislation refers to legislation made by a person or body other than the Legislature under authority conferred by a statute. When Parliament or a State Legislature enacts a law, it frequently empowers a subordinate authority - typically the executive - to make rules, regulations, bylaws, notifications or orders to fill in the details and give effect to the parent statute. Delegated legislation is a practical necessity in the modern administrative State - Parliament lacks the time and technical expertise to legislate in detail on every complex matter, and subordinate legislation provides flexibility for responding to rapidly changing circumstances. The constitutional validity of delegated legislation in India was authoritatively decided in In Re Delhi Laws Act (1951), where the Supreme Court held that Parliament cannot delegate its 'essential legislative functions' - it must retain for itself the determination of the legislative policy and must lay down the guiding principles for the exercise of the delegated power. The delegate cannot itself be given the power to determine what the legislative policy shall be; but once the policy is laid down, the delegate can fill in the details. This is known as the 'excessive delegation' or 'abdication of legislative power' doctrine. A subordinate legislation is invalid if it is ultra vires the parent statute - either because it goes beyond the scope of the power delegated (substantive ultra vires) or because it fails to follow the prescribed procedure (procedural ultra vires). In Hamdard Dawakhana v. Union of India (1959), the Supreme Court held that section 3 of the Drug and Magic Remedies Act was unconstitutional because it gave the executive unfettered discretion to add items to the prohibited list - the parent statute failed to lay down any guiding principle for the exercise of this power, amounting to excessive delegation.

Question 21EasyDelegated Legislation - Nature and Validity

Delegated legislation refers to:

  1. A

    Legislation made directly by Parliament

  2. B

    Legislation made by a person or body other than the Legislature under authority conferred by a statute

  3. C

    Legislation made by the President using ordinance power

  4. D

    Legislation declared by courts in their judgments

View answer and explanation

Correct answer: B. Legislation made by a person or body other than the Legislature under authority conferred by a statute

The passage states: 'Delegated legislation refers to legislation made by a person or body other than the Legislature under authority conferred by a statute.'

Source note: Ashok K. Jain Admin Law Ch.2 / In Re Delhi Laws Act / Hamdard Dawakhana

Question 22EasyDelegated Legislation - Nature and Validity

In In Re Delhi Laws Act (1951), the Supreme Court held that Parliament:

  1. A

    Can delegate all its legislative functions to the executive

  2. B

    Cannot delegate its 'essential legislative functions' - it must retain determination of legislative policy and lay down guiding principles for the delegate

  3. C

    Can delegate any power it chooses

  4. D

    Must obtain Presidential approval for all delegation

View answer and explanation

Correct answer: B. Cannot delegate its 'essential legislative functions' - it must retain determination of legislative policy and lay down guiding principles for the delegate

The passage states: 'Parliament cannot delegate its essential legislative functions - it must retain for itself the determination of the legislative policy and must lay down the guiding principles for the exercise of the delegated power.'

Source note: Ashok K. Jain Admin Law Ch.2 / In Re Delhi Laws Act / Hamdard Dawakhana

Question 23MediumDelegated Legislation - Nature and Validity

The 'excessive delegation' doctrine holds that a delegate:

  1. A

    Cannot make any subordinate legislation

  2. B

    Cannot be given power to determine what the legislative policy shall be - once policy is set, the delegate can fill in details

  3. C

    Has unlimited power to make rules

  4. D

    Can override the parent statute if circumstances require

View answer and explanation

Correct answer: B. Cannot be given power to determine what the legislative policy shall be - once policy is set, the delegate can fill in details

The passage states: 'The delegate cannot itself be given the power to determine what the legislative policy shall be; but once the policy is laid down, the delegate can fill in the details. This is known as the excessive delegation or abdication of legislative power doctrine.'

Source note: Ashok K. Jain Admin Law Ch.2 / In Re Delhi Laws Act / Hamdard Dawakhana

Question 24MediumDelegated Legislation - Nature and Validity

A subordinate legislation is 'substantively ultra vires' when:

  1. A

    It fails to follow the prescribed procedure

  2. B

    It goes beyond the scope of the power delegated by the parent statute

  3. C

    It is not published in the Official Gazette

  4. D

    It is made by a person not named in the parent statute

View answer and explanation

Correct answer: B. It goes beyond the scope of the power delegated by the parent statute

The passage states: 'A subordinate legislation is invalid if it is ultra vires the parent statute - either because it goes beyond the scope of the power delegated (substantive ultra vires) or because it fails to follow the prescribed procedure (procedural ultra vires).'

Source note: Ashok K. Jain Admin Law Ch.2 / In Re Delhi Laws Act / Hamdard Dawakhana

Question 25HardDelegated Legislation - Nature and Validity

In Hamdard Dawakhana v. Union of India (1959), Section 3 of the Drug and Magic Remedies Act was held unconstitutional because:

  1. A

    It violated Article 19(1)(a)

  2. B

    It gave the executive unfettered discretion to add items to the prohibited list without the parent statute laying down any guiding principle - amounting to excessive delegation

  3. C

    It was not published in the gazette

  4. D

    It violated the right to property

View answer and explanation

Correct answer: B. It gave the executive unfettered discretion to add items to the prohibited list without the parent statute laying down any guiding principle - amounting to excessive delegation

The passage states the section 'was unconstitutional because it gave the executive unfettered discretion to add items to the prohibited list - the parent statute failed to lay down any guiding principle for the exercise of this power, amounting to excessive delegation.'

Source note: Ashok K. Jain Admin Law Ch.2 / In Re Delhi Laws Act / Hamdard Dawakhana

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