ONE TO TWO SENTENCES

Q1. Define Administrative Law

ANSWER

Sir Ivor Jennings defines administrative law as the law relating to administration. It determines the
organization, powers and duties of administrative authorities.

Q2. Write the requisite of government contract?

ANSWER

According to Article 299 the requirements of valid government contracts which need to be fulfilled
are:

 The contract must be expressed to be made by the Governor or the President.

 It must be executed in writing.
 The execution should be done by persons and in a manner directed or authorized by the
Governor or the President.

Q.3. What is droit administratif?

ANSWER

Droit Administratif lays down the obligations of public administrative organs along with which it
helps in regulating the administrative relations between the State and its citizens.

Q.4. What do you understand by Injunction?

ANSWER

An injunction is defined in Halsbury's Laws as : “A judicial process whereby a party is ordered to

refrain from doing or to do a particular act or thing.”

An injunction is an order issued by a court, at the suit of a party complainant, directed to a party
defendant in the action, or to a party made a defendant for that purpose, forbidding a person to do
some act, or to permit his servants or agents to do some act, which he is threatening or attempting
to commit, or restraining him in the continuance thereof, such act being unjust and inequitable,
injurious to the plaintiff, and not such as can be adequately redressed by an action fit law.

Q.5. What is speaking order?

ANSWER

Speaking order or reasoned order is considered the third pillar of natural justice. A reasoned decision
is called a reasoned decision because it contains reasons of its own in its support. When the
adjudicating body provides the reason behind their decision, the decision is treated as the reasoned
decision.

It is also called the speaking order. In such ways, the order speaks for itself in such a way that it tells a
reasonable story of its own. Speaking orders are essential for judicial review. The party or the parties
must know why and on what grounds an order has been passed against him.
Q.6. What is sub delegation?

ANSWER

In administrative law, sub-delegation refers to the process by which a person or entity that has been
granted administrative powers or authority by a higher authority further delegates some or all of
those powers to another person or entity.

It involves the transfer of authority from the original decision-maker, known as the delegating
authority, to a third party, known as the sub-delegate, who then exercises the delegated powers on
behalf of the delegating authority.

This delegation allows for the efficient and effective administration of public affairs by distributing
the workload and decision-making responsibilities.

Q.7. What are the different type of public corporations?

ANSWER

A public corporation or statutory corporation is formed by a special act by the parliament or state
legislature. The act specifies the rules and regulations as well as the powers and functions of the
employees. It is funded by the Government. It is a separate legal entity. Example: Life Insurance
Corporation of India.

Q.8. Write the concept of legitimate expectation?

ANSWER

Doctrine of ‘Legitimate Expectation’ is one amongst several tools incorporated by the Court to review
administrative action. This doctrine pertains to the relationship between an individual and a public
authority. According to this doctrine, the public authority can be made accountable in lieu of a
‘legitimate expectation’. The doctrine of legitimate expectation has an important place in developing
law of judicial review.

The doctrine is that a person may have a legitimate expectation of being treated in a certain way by
an administrative authority even though he has no legal right in private law to receive such
treatment. Even in cases where he has no legal right, he may still have a legitimate expectation of
receiving the benefit or privilege. Such expectation may arise from a promise or from the existence
of a regular practice which the applicant can reasonably expect to continue and be adopted in his
case also. If his expectations are belied, the Court or the Tribunal may intervene and protect him by
applying principles that are analogous to the principles of natural justice and fair play in action. The
principle underlying legitimate expectation is based on Article 14 of the Constitution and the rule of
fairness.

Q.9. What is post decisional hearing?

ANSWER

Post decisional hearing is a hearing which takes place after a provisional decision is reached. This
principle was laid down in Maneka Gandhi v. Union of India. There is a nexus between pre-decisional
and post-decisional hearing. The logic behind introducing the post- decisional hearing is to increase
and maintain administrative fairness.
Post decisional hearing takes place where it may not be feasible to hold pre decisional hearing. One
better example is, the power to impound the passport may be frustrated if a prior notice or hearing
has given to the concerned person whose passport is going to be impounded because he can leave
the country, therefore, passport authorities first impound the passport of that person without any
hearing and later provide him opportunity of hearing.

Q.10. Who is an ombudsman?

ANSWER

An ombudsman is a government-appointed official who investigates complaints (usually made by

private citizens) against businesses, financial institutions, government departments, or other public
entities, and attempts to resolve conflicts or concerns raised through mediation or
recommendations.

Ombudsmen are also referred to as public defenders or national defenders. In India, the offices of
the National and State Ombudsman are referred to as Lokpal and Lokayuktas, respectively.

Q.11. What are the two source of Administrative law?

ANSWER

The sources of administrative Law are:

 The Constitution of India

 Statutes
 Ordinance
 Delegated Authority
 Case laws
 Reports of Law committee and law commission

Q.12. What is doctrine of Laissez Faire?

ANSWER

The political gospel of laissez-faire was preached in the early 20th century. The principles on which
laissez-faire theory works are as follows: 

 Minimum government control. 

 Free enterprise. 

 Law and order not counted as state subjects. 

 Power was said to be concentrated in the individual’s hands.

Q.13. What are the three main organ of the state?

ANSWER

The three organs of the government are:

1. The legislature - this organ is concerned with making laws or amending laws.

2. The executive - the executive implements the laws framed by the legislature.
 3. The judiciary - this organ is responsible for overlooking the fair and just functioning of the
laws. It is also responsible for upholding the rights of the citizens.

Q.14. What is the meaning of “Nemo Debet Esse Judex in propria cause”

ANSWER

Nemo in propria causa judex , esse debet, i.e.; no one should be made a judge in his own cause. It is
popularly known as the rule against bias. It is the minimal requirement of the natural justice that the
authority giving decision must be composed of impartial persons acting fairly, without prejudice and
bias. Bias means an operative prejudice, whether conscious or unconscious, as result of some
preconceived opinion or predisposition, in relation to a party or an issue. Dictionary meaning of the
term bias suggests anything which tends a person to decide a case other than on the basis of
evidences.

Q.15. State any two reasons for establishment of Public Corporation

Answer

The reason for establishment of Public Corporation are:

 To create employment
 To create an essential industry
 Ensure the price are controlled
 To provide capital
 To control an industry

Q.16. What is contingent legislation?

ANSWER

Conditional legislation may also be called contingent legislation. In this type of legislation, a statute
provides powers to the administrative authority to determine when a law should be applied or when
it comes into force. but adds some specifications along with them. These specifiers are conditions,
and when these conditions are fulfilled, the powers of the delegated authority become activated.
Hence, the authority is empowered to determine, based on its own judgement, whether these
conditions are fulfilled or not.

Q.17. Write any two distinction between quasi-judicial and administrative functions.

ANSWER

Q.18. What is non sovereign function?

ANSWER

Non-sovereign functions are those functions that are amenable to the jurisdiction of an ordinary civil
court and if the state does any tortious act or breach of contract, it will be liable for the wrong done.
But today, it has become very difficult to differentiate between the Sovereign and non-sovereign
functions of the state. According to the case of Peninsular and Oriental Steam Navigation Co. v.
Secretary of State for India, the court for the first time dealt with the difference between Sovereign
and non-sovereign functions. It stated that the Secretary of the State will not be liable for its
sovereign functions and would be liable for only the commercial functions. This judgment helped the
court to understand and interpret the functions of the state when the question of liability arose. But
there was no established protocol or norm to decide which function is sovereign and which is non-
sovereign.

Q.19. What is a writ of Prohibition?

ANSWER

Prohibition is a legal term that implies ‘to prohibit, restrain, prevent, or forbid.’ A higher court issues
a writ of prohibition against the lower court to prevent it from exceeding its authority or going
beyond its required jurisdiction. It cannot be enforced against administrative agencies, statutory
authorities, or private persons or enterprises. It is exclusively applicable to judicial and quasi-judicial
bodies. 

Q.20. What is prohibitory injunction?

ANSWER

A prohibitory injunction is an order that requires a party to refrain from doing a specific act. When
there is a negative stipulation, breach may be restrained by injunction. This note summarises the
relevant law, with particular emphasis on interim injunctions to protect confidential information in
commercial relationships. It also provides an overview of the procedure for applying for and
enforcing an interim injunction.

Q.21. Define Information as per Right to information Act?

ANSWER

As per the RT Act, Section 2(f) “information” means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts,
reports, papers, samples, models, data material held in any electronic form and information relating
to any private body which can be accessed by a public authority under any other law for the time
being in force.

Q.22. What is an Institutional Decision?

ANSWER

Institutional Decisions are decisions taken by a large number of people who take part in the
collective decision making process. The decision is a result of institutions and institutional process
rather than that of one designated person.

Q.23. What is Official Bias?

ANSWER

Official bias or bias as to the subject matter relates to behavioural attitude of a judge. This means  a
predisposition or inclination towards a particular issue. It may affect a fair decision. Interest of a
judge in the outcome of a proceeding may vitiate the order.

Q.24. Define Delegated Legislation?

ANSWER
‘Delegation’ has been defined by Black’s Law Dictionary as an act of entrusting a person with the
power or empowering him to act on behalf of that person who has given him that power or to act as
his agent or representative.

Q.25. What is Substantive Ultra Vires?

ANSWER

When an act of legislature enacts in an excess of power, conferred on the legislature by the
Constitution, the legislation is said to be ultra virus the Constitution. On the same principle, when a
subordinate legislation goes beyond what the delegate is authorized to enact, it acts ultra vires.26
This is known as substantive ultra vires.

Q.26. What is the meaning of Speaking order?

ANSWER

Speaking order means an order which is full of reasons or a reasoned order. An order has to be a
reasoned or a speaking order. The failure to give reasons could lead to a very justifiable complaint
that there was a breach of natural justice.

Q.27. State any two function of Union Public Service Commission.

ANSWER

Under Article 320 of the Constitution of India, the Commission is, inter-alia, required to be consulted
on all matters relating to recruitment to civil services and posts. The functions of the Commission
under Article 320 of the Constitution are:

1. Conduct examinations for appointment to the services of the Union.

2. Direct recruitment by selection through interviews.

3. Appointment of officers on promotion / deputation / absorption.

4. Framing and amendment of Recruitment Rules for various services and posts under the
Government.

5. Disciplinary cases relating to different Civil Services.

6. Advising the Government on any matter referred to the Commission by the President of
India.

Q.28. Define Corporation?

ANSWER

A corporation is a legal entity, meaning it is a separate entity from its owners who are called
stockholders. A corporation is treated as a “person” with most of the rights and obligations of a real
person. A corporation is not allowed to hold public office or vote, but it does pay income taxes.

Q.29. What is irrelevant Consideration?

ANSWER
'Irrelevant considerations' are the matters which are not only 'not mandatory' but which are in fact
prohibited from being considered, having regard to the subject matter, scope or purpose of the
power.

Q.30. State any two difference between Tribunal and court?

ANSWER

Court Tribunal

It is main body of Judicial System A tribunal is a quasi-judicial body.

In civil matters, courts issue rulings, decrees, and Tribunals are set up to provide rewards to the parties
orders; in criminal cases, they render verdicts of in question.
acquittal or conviction.

Courts handle a range of matters, including Tribunals specifically set up to deal with only one
criminal, civil, and constitutional ones. subject-matter; and hence, there are different
tribunals for the different subject matters.

Q.31.