Administrative Law MCQs [set-1]

1. 'Administrative law is a law concerning the powers and procedures of

administrative agencies including especially the law governing judicial
review of administrative action'. This definition is given by
A. ivor jennings
B. k c davis
C. h wr wade
D. cessare becarria.
Answer: B

2. Which of the following is not the meaning of 'Rule of law' according to A V

Dicey
o m
A. supremacy of law
. c
B. equality before law
te
a
C. pre-dominance of legal spirit
D. wide discretionary powers
q M
Answer: D
c
M
3. Which one of the following is NOT the drawback concept of Rule of Law as
given by A V Dicey
A. failure to distinguish between arbitrary power discretionary power
B. misunderstood the real nature of droit administratif
C. did not recognise the existence of administrative law in england
D. did not support supremacy of law.
Answer: D

4. The functions of the executive can be classified as

A. delegated legislation
B. quasi judicial function
C. discretionary functions
D. all of the above
Answer: D
5. Which of the following is true?
A. the legislative order has to be published
B. for quasi judicial decisions reasons may not be given
C. the duty to give reasons applies to legislative orders
D. the administrative powers cannot be sub delegated.
Answer: A

6. Which of the following is not held to be a quasi- judicial function

A. determination of citizenship
B. disciplinary proceedings against students
C. determination of disqualification of members of parliament
D. an order of preventive detention
Answer: D

7. 'Delegatus non protest delgare' means

A. the delegate not protest against the authority
B. the delegate does not have potential for making laws
C. the delegate cannot further delegate
D. the delegate can further delegate
Answer: C

8. The principle that by exercising the power of modification the delegate cannot
change the legislative policy was developed in the case of
A. r v burah
B. delhi laws act 1912, re air 1951 sc
C. ram jawaya kapur v state of punjab 1955 sc
D. none of the above
Answer: B

9. Which of the functions may not be delegated

A. commencement
B. inclusion and exclusion
C. application of existing laws
D. essential legislative functions
Answer: D

10. Which of the following is correct definition of ‘Audi alteram partem’?

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 A. listening to the appeal
B. right of fair hearing
C. right to know reasons of decision
D. all of the above
Answer: B

11. Which of the following is true when a government contract which does not
conform to the provisions of Art 299 of the Constitution?
A. the contract is not enforceable in court against the parties
B. the contract is voidable at the option of both the parties
C. the contract is void
D. r s d panchal, asst prof , dcll
Answer: A

12. Which of the following is write definition of the phrase Nemo judex in causa
sua
A. no man is capable of rendering judgement on himself
B. no man shall be a judge in his own cause
C. no man can punish himself
D. proper justice can be done if the judge is related to the party
Answer: B

13. Which of the following is not a control on delegated legislation

A. judicial
B. legislative
C. doctrine of ultra vires
D. doctrine of lifting of veil
Answer: D

14. Which of the following is not the ground of procedural ultra vires
A. non publication of rules
B. no consultation
C. sub delegation
D. none of the above
Answer: C

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15. Principles of natural justice are NOT applicable against which of the following
actions ?
A. administrative actions
B. rule making action
C. quasi judicial actions
D. judicial process
Answer: B

16. 'Principles of natural justice are applicable even when the statute is silent
…….they do not supplant law of the land but supplement it'. this was held in
which case?
A. a k kraipak v union of india
B. m c mehta v union of india
C. a k gopalan v union of india
D. none of the above
Answer: A

17. Which of the following is NOT a type of bias

A. pecuniary bias
B. personal bias
C. judicial obstinacy
D. none of the above
Answer: D

18. When a personal hearing is given by one officer and order is passed by another
officer, which of the following principle/s of natural justice is/are violated
A. rule against bias
B. right to hearing
C. reasoned decision
D. all of the above
Answer: B

19. The Administrative tribunal have been recognised under which of the following
articles of the constitution
A. art136 and art 227
B. art 323 a and 323 b
C. all of the above

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 D. art 32
Answer: C

20. Which of the following statements is true?

A. all courts are tribunals but all tribunals are not courts
B. tribunals are not bound by the decisions of supreme court
C. a tribunal is established by government
D. tribunals are not bound by principles of natural justice
Answer: A

21. excess or abuse of discretion can be through which of the following grounds
A. living out relevant consideration
B. arbitrary action
C. exceeding jurisdiction
D. all of the above
Answer: D

22. The case of Air India v Nergesh Meerza relating to termination of service on
ground of first pregnancy is a classic example of …….
A. acting under dictation
B. unreasonableness
C. excess of jurisdiction
D. non observance of principles of natural justice
Answer: B

23. the institution of ombudsman originated in 1809 at

A. france
B. sweden
C. germany
D. australia
Answer: B

24. 'Administrative law is a law concerning the powers and procedures of

administrative agencies including especially the law governing judicial review of
administrative action'. This definition is given by
A. Ivor Jennings
B. K C Davis

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 C. H WR Wade
D. Cessare Becarria.
Answer: B

25. Which of the following is FALSE statement?

A. the primary function of administrative law is to restrict the governmental powers
B. the administrative law seeks to protect private interest and rights from encroachment of State
C. Administrative law governs relation between Government and citizens
D. Administrative law is the law concerning organisation and functions of government at rest.
Answer: D

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 Administrative Law MCQs [set-2]

26. Which of the following is not the meaning of 'Rule of law' according to A V
Dicey
A. Supremacy of law
B. Equality before law
C. Pre-dominance of legal spirit
D. Wide discretionary powers
Answer: D

27. A V Dicey criticized which legal system?

A. English legal system
B. French legal system
o m
C. Australian legal system
. c
D. American legal system te
Answer: B a
q M
c
28. Which one of the following is NOT the drawback concept of Rule of Law as
given by A V Dicey
M
A. Failure to distinguish between arbitrary power discretionary power
B. Misunderstood the real nature of droit administratif
C. Did not recognise the existence of Administrative law in England
D. did not support supremacy of law.
Answer: D

29. ……………….. is considered to be the doctrinal barrier for development of

Administrative law in USA
A. Rule Of Law
B. Separation Of Powers
C. Doctrine Of Pleasure
D. Henry VIII clause
Answer: B

30. The doctrine of Separation Of Power was systematically propounded by

 A. Montesquieu in his book The Spirit of Laws
B. Plato in his book The Social Contract
C. Aristotle in his book The Spirit of Laws
D. Montesquieu in his book The Constitution.
Answer: A

31. Doctrine of separation of powers means

A. one organ of the government should not exercise the function of the other
B. one organ of the government should not control or interfere with the exercise of its functions by
another organ
C. same persons should not form part of more than one of the three organs of the government
D. all of the above
Answer: D

32. The delegated legislation means……………..Which of the following is false?

A. the exercise by subordinate agency of legislative power delegated to it
B. The subsidiary rules made by the subordinate authorities in persons of the power conferred
C. The power of Central Government to make rules and regulations authorised by the parent act
D. The amendment made to the Act to suit the changing conditions.
Answer: D

33. The principle that by exercising the power of modification the delegate cannot
change the legislative policy was developed in the case of
A. R v Burah
B. Delhi Laws Act 1912, Re AIR 1951 SC
C. Ram jawaya Kapur v State of Punjab 1955 SC
D. None of the above
Answer: B

34. Which of the following functions are permissible delegations

A. Future Acts
B. Imposition of tax
C. Supplying of details
D. Ouster of jurisdiction of Court
Answer: C

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35. Which of the following is/are the requisite conditions for a contract made in the
exercise of executive power of the centre?
A. The contract must be expressed to be made by the president
B. The contract is to be executed in such manner and by such person as the President may direct
C. The contract must be entered on behalf of the President
D. All of the above
Answer: D

36. Which of the following is true when a government contract which does not
conform to the provisions of Art 299 of the Constitution?
A. the contract is not enforceable in Court against the parties
B. the contract is voidable at the option of both the parties
C. the contract is void
D. none of the above
Answer: A

37. Which of the following is write definition of the phrase Nemo judex in causa
sua
A. no man is capable of rendering judgement on himself
B. no man shall be a judge in his own cause
C. no man can punish himself
D. proper justice can be done if the judge is related to the party
Answer: B

38. Which of the following is NOT the ground for substantive ultra vires?
A. Where parent Act is unconstitutional
B. Where parent act delegates essential legislative functions
C. Where delegated legislation is arbitrary
D. where mandatory consultation process is not complied with
Answer: D

39. Principles of natural justice are NOT applicable against which of the following
actions ?
A. Administrative actions
B. Rule making action
C. Quasi judicial actions
D. Judicial process

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Answer: B

40. 'Principles of natural justice are applicable even when the statute is silent
…….they do not supplant law of the land but supplement it'. this was held in which
case?
A. A K Kraipak v Union of India
B. M C Mehta v Union of India
C. A K Gopalan v Union of India
D. None of the above
Answer: A

41. Which of the following is NOT an essential component of the doctrine of Audi
alteram partem?
A. Right of notice
B. Oral hearing
C. Reasoned decision
D. Both A and B.
Answer: B

42. When personal hearing is given by one officer and order is passed by another
officer, which of the following principle/s of natural justice is/are violated
A. Rule against bias
B. Right to hearing
C. Reasoned decision
D. all of the above
Answer: B

43. The Administrative tribunal have been recognised under which of the following
articles of the constitution
A. Art136 and Art 227
B. Art 323 A and 323 B
C. all of the above
D. Art 32
Answer: C

44. Acting under dictation, non-application of mind, imposing fetters on discretion,

sub delegation are examples of which of the following
A. Excess or abuse of discretion

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 B. Failure to exercise discretion
C. Order based on mixed consideration
D. None of the above
Answer: B

45. excess or abuse of discretion can be through which of the following grounds
A. Living out relevant consideration
B. Arbitrary action
C. Exceeding jurisdiction
D. All of the above
Answer: D

46. The case of Air India v Nergesh Meerza relating to termination of service on
ground of first pregnancy is a classic example of …….
A. Acting under dictation
B. Unreasonableness
C. Excess of jurisdiction
D. Non observance of principles of natural justice
Answer: B

47. Which of the following is NOT an essential to issue writ of mandamus

A. Legal duty of authority
B. Refusal to do the duty
C. Legal right of the petitioner
D. It lies against private individual
Answer: D

48. When the court finds that the order is suffering from error apparent on face of
the record, which of the following writs can be issued?
A. Writ Of Habeas Corpus
B. Writ Of Mandamus
C. Writ Of Certiorari
D. Writ Of Quo Warranto
Answer: C

49. The tortious liability of the government is recognised in the Indian constitution
by

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 A. Art 298
B. Art 294
C. Art 323
D. Art 299
Answer: B

50. The tortious liability of the State was NOT recognised in which of the following
cases?
A. State of Rajasthan vs Vidyawati
B. Kasturi Lal vs State of Uttar Pradesh
C. State of Gujarat vs Memon Mohammed Haji
D. Railway Board vs Chandrima Das
Answer: B

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 Administrative Law MCQs [set-3]

51. The public corporation can be held liable under which of the following the
liability/ies?
A. Liability in contracts
B. Liability in torts
C. Liability for crimes
D. All of the above
Answer: D

52. Which of the following statements are false?

1 The Public Corporation can be sued in the court of law
2 Public Corporation is not 'State' under Art 12
o m
. c
3 The doctrine of ultra vires is applicable to public corporations
te
4 Servants of the government company are civil servants under article 311 of the
constitution? a
A. 1, 4 are false
q M
B. 2 and 4 are false c
C. 2 and 3 are false. M
D. None of the above
Answer: B

53. Provision with respect to tribunals were added by ______ amendment Act 6
A. 44th
B. 24th
C. 42nd
D. 25th
Answer: C

54. Doctorine of separation of powers was systematically formulated by___

A. Plato
B. Montesquine
C. Dicey
D. Aristotle
Answer: B

55. ___ are the following statements is true

A. Delegated legislative cannot have retrospective effect
B. Delegated legislative can have retrospective effect, if authorised by the Act or Statute.
C. Delegated legislative can have retrospective effect, if not authorised by the Act or Statute.
D. Delegated legislative can have retrospective effect, when it has reasonable and satisfied
justification
Answer: B

56. The application of doctrine of vicarious liability in crimes seems to have been
activated by a necessity rather than desirability ___ the justification is based on
A. Public policy
B. Failure to supervise
C. Treated as unauthorised
D. Strict liability.
Answer: A

57. ________ is popularly known as “ Habeas Corpus Case”.

A. M C Mehta v/s Union of India(1992) I SCC 358.
B. Godavarman Thirumulk Pad v/s Union Of India (1007) 2 SCC 267
C. A D M Jabalpur v/s Shivakant Shukla (1976) 2 SCC 521.
D. Chandrakanta v/s S K Habib (1975) 1 SCC 674
Answer: C

58. Which of the following statement is not correct “Rule of law” means
A. Supremacy of law
B. Equality before law
C. Predominance of legal spirit
D. Supremacy of the judiciary
Answer: D

59. Who selects the Chairman and members of the Union Public Service
Commission
A. The Home Minister
B. The President
C. The Parliment

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 D. The Supreme Court
Answer: B

60. Doctrine of Locus standi means

A. Writ can be filed by any person
B. Power of courts for judicial review
C. Right of petitioner to file writ petition
D. Discussion of administrative authority
Answer: C

61. In exercise of the power conferred by Article 323A of the Constitution,

parliament enacted the Administrative Tribunal Act in
A. 1986
B. 1988
C. 1985
D. 2001
Answer: C

62. Tribunals exercising quasi-judicial functions are not courts and that therefore
they are ___
A. Bound to follow rules of evidence
B. Bound to follow the procedure prescribed for trial courts
C. Not to bound to follow the procedure prescribed for trial of actions in courts nor they are bound
by strict rules of evidence
D. Bound to follow rules of procedure and strict rules of evidence.
Answer: C

63. The Supreme Court or High Court commanding a person or the body to do
that which is his or its duty to do it
A. Mandamus
B. Habeas Corpus
C. Prohibition
D. Certiorari
Answer: A

64. The power of the judicial review means

A. The power of courts to define and interpret the constitution

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 B. The power of the courts to declare null and void any legislative or executive act which is
against the provisions of the constitution
C. The power of the judiciary to define and interpret the law
D. The power of the court to legislate when there is no statutory provision
Answer: B

65. Which one of the following statement is not correct?

A. The Supreme court can overrule itself
B. A high Court Can overrule itself
C. Judgements of the Supreme Court bind the lower courts.
D. Judgements of a High Court do not bind on the lower courts of the State.
Answer: D

66. Dicey developed the theory of “Rule of Law” in his classic work in
A. The law and the constitution
B. The sprit of the laws
C. Constitutional law
D. The law and the spirit
Answer: A

67. Delegates non protest delegare means

A. A delegate can further delegate
B. A delegate cannot further delegate
C. Delegation is bad in law
D. Delegation os not provided to delegate
Answer: B

68. Which function cannot be delegated

A. Essential legislative functioning
B. Exclusion.
C. Suspension
D. Commencements
Answer: A

69. The Latin phrase ___ means have the body

A. Mandamus
B. Habeas corpus

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 C. Prohibition
D. Certiorari
Answer: B

70. “ Quo Warranto” literary means

A. To issue warrant
B. Produce the body
C. What is your authority
D. Can order to execute
Answer: C

71. “ we are under the Constitution but the constitution is what the judges say it is”
besides U S A to which one of the following countries cna this be applicable?
A. Switzerland
B. India
C. U.K
D. Russia
Answer: B

72. _____ is the 1st law officer Government of India

A. Chief Justice of India
B. Law Secretary
C. Solicitor General of India
D. Attorney General of India
Answer: D

73. ___ statements implies natural justice

A. The principle of natural justice is followed by the courts
B. Justice delayed is justice denied
C. Natural justice is an inalienable right of a citizen
D. A reasonable opportunity of being heard must be given
Answer: D

74. Public Corporation is ____

A. “hybrid organism” showing some of the feature of a Government department while some of the
features of a business company,
B. A Government department only

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 C. A business company
D. Not an independent corporate personality.
Answer: A

75. Ombudsman means

A. An officer of the Court
B. An officer of the executive
C. An officer of the parliament
D. An agent of the judiciary
Answer: C

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 Administrative Law MCQs [set-4]

76. Under ______ article /articles, the High Court and The Supreme Court can
issue Writs
A. Article 44 and 45
B. Article 123 and 213
C. Article 32 and 226
D. Article 53 and 153
Answer: C

77. Delegated legislation means delegislation of power

A. From executive to judiciary
B. From minister to executive
o m
C. From judiciary to legislature
. c
D. From legislature to executive te
Answer: D a
q M
c
78. The theory of natural justice is based upon two principle, one of which is Nemo
M
debet esse judex in propria causa, which means,
A. No one should be condemned unheard
B. King can do no wrong
C. The same person should not form part of more than one of the three organs
D. No man should be made a judge in his own cause
Answer: D

79. “ultra Virus” literally means

A. Excessive delegation
B. Beyond powers
C. Violation of fundamental rights
D. inconsistent
Answer: B

80. Ombudsman as an institution, was first set up in

A. England
 B. France
C. India
D. Sweden
Answer: D

81. Tick the true statement of Natural justice

A. A public body shall not make a decision which is so absurd that no reasonable authority could
ever have made to it.
B. A public body shall not act in good faith
C. A public body shall direct itself properly
D. No man is to be a judge in his own cause and that all the parties to a dispute shall be fairly
heard.
Answer: D

82. Which of the following statement is the key principle of Ridge v/s Baldwin
(1964)
A. The rules of natural justice apply only to the proceedings of courts and tribunals
B. The rules of natural justice apply to all public bodies
C. Proportionality will be applicable whenever a court is deciding whether rules of natural justice
have been breached
D. The rules of natural justice are capable of applying in principle where an administrative body
acts judicially.
Answer: D

83. ______ defines administrative law as the law relating to administration, it

determines the organisation, powers and the duties of Administrative authorities.
A. Dicey
B. Keneth culp davis
C. Sir Ivor Jennings
D. Upendra
Answer: C

84. Administrative law is a branch of _______

A. Private law
B. Public law
C. Property law
D. Procedural law

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Answer: B

85. Origin of the concept of Droit Administratiff is

A. U S A
B. U.K
C. GERMANY
D. FRANCE
Answer: D

86. The basic concept of delegated legislation denote the delegation of ___ powers
A. Voting power
B. Rule making power
C. Administrative power
D. Judicial power
Answer: B

87. _____ is the “Rule of Law” choose 1

A. Everyone but the president must follow the law
B. Government does not have to follow the law
C. All laws must be the same in every state
D. Everyone must follow the law
Answer: D

88. _______ stops one branch of government from becoming too powerful (choose
one)
A. The president
B. Checks and balances
C. The people
D. Freedom of speech
Answer: B

89. ______ is incharge of the executive branch

A. Speaker of the house
B. The Prime Minister
C. The President
D. The Chief Justice
Answer: C

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90. “constitutional law is concerned with the organisation and functions of
Government at test, which administrative law, is concerned with that organisation
and those function” this statement was given by
A. Austin
B. Solmond
C. M P Jain
D. Hood Phillips
Answer: D

91. Writ of quo warranto can be issued against

A. Any person
B. Public office, who wish to assume the office
C. Public officer, who is holding public office
D. Public office, who has ceased to hold the public office
Answer: C

92. “Corporate personality is a mere procedural form which is used to work out a
convenient wy for immediate purpose” It was stated by
A. Hooland
B. Austin
C. Strke
D. Honfield
Answer: D

93. “Common law is essentially a judge made law” this opinion was expressed by
A. Pollock
B. Austin
C. Paton
D. Salmond
Answer: D

94. Tick the incorrect answer

A. Laissez-faire is an economic philosophy of controlled market
B. The theory of laissez-faire was developed by the French Physiocrate during the 18th century
C. Laissez-faire is considered as a path to economic prosperity
D. Laissez-faire is an economic philosophy of free market capitralism
Answer: A

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95. Tick the incorrect answer Delegated legislation may be classified into 4 types
A. Title based classification
B. Discretion based classification
C. Purpose base classification
D. Control based classification
Answer: D

96. Tick the correct answer

A. Delegated legislation has become inevitable but the question of control has become crucial
B. Delegated legislation can be avoided absolutely
C. Sub-delegation of delegated legislation is always better
D. Conditional legislation can control the delegated legislation
Answer: A

97. Administrative tribunal exercise

A. Purely administrative function
B. Purely judicial functions
C. Purely legislative functions
D. Quasi judicial functions
Answer: D

98. ___ is the effect of violation of the rule “Audi Alteram Partem” on an
administrative action
A. Mere irregularity
B. Null and void
C. An illegality
D. Voidable
Answer: B

99. The writ of certiorari necessarily implies that;

A. An error of fact, cannot be corrected
B. An error of law apparent on the face of the record can be corrected
C. Violation of natural justice
D. The delegated legislation is violation of provision of parent Act
Answer: B

100. Which part of the judgement establishes the precedent that is to be followed
by lower courts?

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 A. The Ratio Decidendi
B. The facts that are identified as binding by the judge
C. The section of the judgement entitled “ precedent”
D. The obiter Dicta
Answer: A

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 Administrative Law MCQs [set-5]

101. Which is the following is NOT a form of delegated legislation.

A. Orders in court
B. Statutory instruments
C. Public bills
D. Bye-laws
Answer: C

102. Which of the following is the highest form of law in England?

A. Common law
B. Legislation
C. Case law
o m
D. Equity . c
Answer: B
te
a
q M
c
M

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