JGU Id. No.

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O.P. Jindal Global University

Jindal Global Law School
Re-sit Examinations – Semester B

Course Name : Administrative Law

Course Code : LW 1306
Programme : LL.B. (Hons.) – Year II
Session : 2014 – 2015
Time Allowed : 3 Hours
Maximum Marks : 100

This question paper has three (3) printed pages (including this page).

Instructions to students:
1. This question paper has three parts: PART A, PART B & PART C
2. In PART A: Answer any THREE out of FOUR questions. Each question in PART A is worth 20 marks (3
X 20 = 60 Marks)
3. In PART B: Answer any One out of TWO questions. Each question in PART B is worth 20 marks (1 X 20
= 20 Marks)
4. In PART C: Answer any TWO out of THREE short notes. Each short note in PART C is worth 10 marks (2
X 10 = 20 Marks)
5. DO NOT write your Name and Student Id. No. anywhere on the answer book except on the space provided.
6. DO NOT write anything on the question paper except Student Id. No. on the space provided.
7. Start each question on a new page.
8. Use of mobile phone or any electronic storage and access system is prohibited.
9. Students undertaking the examination are requested to adhere to the University norms related to
examinations.

__________________________________________________________________________________________
This is a Closed Book examination. However, students are allowed to bring a case/article sheet (on A4 sized
paper) which contains the names of cases or authors and (only) keywords that might identify the key ideas
discussed case/article in the Examination Hall.

Warning: Plagiarism in any form is prohibited. Anyone found using unfair means will be penalized
severely.

JGLS [Re-sit Examinations of Semester B, June’2016] Page 1

PART A: Answer any three (3) questions of the following:

1. In the United Kingdom the concept of sovereignty of Parliament implies that the Parliament has unlimited
powers to make or unmake any law. It can delegate any power to the administrative authorities. On the
contrary in the United States, due to the adoption of the doctrine of separation of powers legislative powers
have to be exercised by the Congress and it cannot be delegated to any other organ of the government. Discuss
the extent to which delegated legislation is permitted in India and the extent to which it is controlled.

2. The principles of natural justice are not precise rules of unchanging contents; their scope will vary according
to the context. Even when the rules of natural justice are prima facie applicable, they may be partly or wholly
excluded by clear statutory language or necessary implication. Discuss the circumstances in which the
apllication of the rules of natural justice may be excluded.

3. “Administrative Discretion has value of its own in the form of individualization of administrative action but
it is a ruthless matter also.” Are the norms developed by the courts to regulate administrative discretion at the
stage of its exercise on the ground of abuse of power adequate to eliminate administrative arbitrariness?
Discuss with the help of decided cases.

4. The doctrine of legitimate expectation has been fashioned by the courts to check the abuse of the exercise of
administrative powers. It is something between a “right” and “no right” and is different from anticipation,
desire and hope. Discuss the development of this doctrine in India keeping in view its impact on the flexibility
of administrative action.

PART B: Answer any one (1) question of the following:

1. Chapter XXX-A of the Atarva Municipal Act, 2012 empowers the State Government of Atarva to apply the
provisions of the Act to areas other than the towns, called "notified areas". As per S. 457-A, before the
Government extends the operation of the Act to an area under a municipality it must afford an opportunity to
the local residents to object to the proposed action. The objections are to be submitted to the District
Magistrate who forwards them along with his views to the State Government, for deciding as to what should
be the precise area to which the Act should be extended, and indeed whether all the provisions of the Act or
only certain specified provisions should be so extended.

In August 2015 the State Government proclaimed their intention to issue a notification under s.417-A of the
Act in respect of 70 villages in the Xara District and invited objections from persons residing within the area.
The proclamation was published in English in the Official Gazette as well as in a local newspaper, the "Daily
News". The residents of the 70 villages in the Xara Districts did not know English and as the proclamation
was made in the English language, both in the Official Gazette and in the local newspaper, they could not
make objections to the notification. The State Government issued a notification constituting with effect from
April 1, 2016, 70 villages in the area of Xara District as a notified area in terms of s. 417-A and making all
the provisions of the Act applicable. Residents of the village want to challenge the validity of the notification.
Advise the residents of the village about the validity of the notification.
JGLS [Re-sit Examinations of Semester B, June’2016] Page 2
2. On 12-12-2014, the Government of Haryana notified the Haryana Software Industries Promotion Act 2012.
Section 14 provided for exemption from levy of sales tax for a period of 10 years to newly established software
companies in Sonepat. This exemption applied to software companies that were set-up in Sonepat within a
period of two years starting from 1st January 2015. Felix Soft, a software company quickly set-up a software
company in Sonepat on 30th April 2015. Prior to starting the software company, Felix Soft also sought
clarification from the Haryana government about the exemption from the levy of sales. The Haryana
Information Technology Ministry confirmed that if the software company was set-up in Sonepat by 31st
December 2015 it would be eligible for sales tax exemption. On 3rd March 2016 the Government of Haryana
withdrew the exemption of levy of sales tax on software companies set-up in Sonepat. Felix Soft wants to
know whether there are any grounds to challenge the withdrawal of exemption of sales tax. Advise Felix Soft.

PART C: Answer any two (2) of the following:

1. Proportionality

2. Wednesbury Test

3. Administrative Instructions

JGLS [Re-sit Examinations of Semester B, June’2016] Page 3