Administrative Law and Regulatory State

Internal Assessment 1

(30 Marks)

Instructions for Candidates:

 All the questions are compulsory.

 The word limit for each question has been provided below. Kindly adhere to it.
Submissions that exceed the word limits by more than 10% will be penalized.
 All submissions must be made on the UMS portal in WORD format (and not as
PDFs).
 All submissions must be made before the deadline. Any submissions by email after
the deadline (unless expressly authorized previously in the form of an extension) will
not be accepted.
 You have 24 hours from the release time of this assessment to submit your answers.
 Plagiarism is strictly prohibited and will be penalized. Your submission must be your
original work. Where necessary, cite relevant case law and sources to support your
arguments. Follow a consistent citation format throughout your document.
 Your answers should be clear, well-structured, and logically coherent. Each argument
should be substantiated with relevant legal principles and case law.

Q.1

Consider the following statement:

‘Law is not a transcendent phenomenon that stands outside of society to impose ideal
standards against which that society is to be measured; rather, law is a function of society and
must evolve as society evolves’.

In light of the above statement, comment on the need for administrative law in the modern
society. (5 Marks) (Do not exceed 400 words)

Q.2

Mr. Poe is the president of Utopia Land (UL), a former colony of the United States of
America. The legislative assembly of UL passed an act that grants the president of UL power
to suspend MFN status to any country that discriminates against goods being imported from
UL. The language of the statute stated that, “In the opinion of the President of Utopia Land, if
it so appears to the President that any country or trade bloc or any international organization
discriminates against the importation of goods mentioned in schedule I of this act in any
manner and if such finding is to the satisfaction of the President of Utopia Land, the President
may by executive decree revoke the Most Favored Nation status granted to that country or
trade bloc or international organization”.

Mr. Poe due to an international war of words between himself and the dictator of Dystopia
Land (DL) Mr. Lupin revoke the MFN status granted to DL. Due to the suspension of MFN
status to Dsytopia Land, several traders engaged in commodity trading with companies based
out of DL had to pay harsh customs duties and taxes while trading in goods such as steel,
cotton etc. The traders approached the Supreme Court of the UL and argued that by allowing
the president to suspend the MFN status (which is usually a power vested in the legislative
assembly as per the legal system of UL), the legislative assembly has delegated its powers to
the president and the act must be declared to be invalid. It was found by the court of first
instance in this case that the act did not contain any standard or criteria which would guide
the president in revoking the MFN status.

(a) In light of the above facts decide with reference to the relevant case law whether the
president can revoke DL’s MFN status or not. Assume that the legal system of UL
mirrors that of the United States of America. (5 Marks) (Do not exceed 400 words)

In the above fact situation, consider that Utopia Land undergoes a military coup covertly
financed by the descendants of the Indian immigrants who migrated to UL in 19 th century.
Pursuant to the military coup, UL changes its legal system and the new parliament enacts a
new constitution that mirrors the Constitution of India and the parliament and the government
declare that Indian law shall be applicable in all legal cases being decided by the judicial
system of Utopia Land.

Since all previous laws of Utopia Land were repealed after the coup, there is now no
legislation granting the government the power to revoke another country’s MFN status.

(b) How will the position change under Indian law as to the president/government’s
power to revoke Dystopia Land’s MFN status? Comment with reference to relevant
law. (2 Marks) (Do not exceed 150 words)

Q.3

In January 2010, the Municipal Corporation of Karnal created rules governing charitable
trusts and their activities, specifically targeting organizations running educational institutions
in Karnal. The rules were issued in form of bye laws specifying the land area that each
educational institute must dedicate as a “green belt” upon expansion of its facilities. Another
feature of the bye laws was that the bye laws required each educational institute being
operated by a religious or linguistic minority organization to declare the sources of funding
received by that particular education institution from national and international donors.
Assume that the state law governing the creation of bye laws contained a clause that stated,
“Any bye-law made by any local authority concerning the governance and operation of
educational institutes within the territorial jurisdiction of that local authority shall be laid
before the legislative assembly of Haryana as soon as possible after publication of such rules
in the official gazette”. The Municipal Corporation of Karnal went ahead with publication of
the byelaws however the same were not laid before the state legislative assembly of Haryana
for more than 3 months after publication. Further, instead of publication in the official
gazette, the same were published in “Karnal Samachar” a local Hindi newspaper published in
the district.

St. John’s convent, which is a school located in Karnal purchased certain land in order to
expand their sports facilities, however they did not leave any space for any “green belt”. The
school authorities thereafter received a show cause notice from the Municipal Corporation of
Karnal asking them to show cause as to why should the school not be shut down for violating
the byelaws.

The school authorities approached the Punjab and Haryana High Court arguing that the
Municipal Corporation of Karnal has failed to observe the relevant parliamentary and
procedural safeguards as per the law. Decide the matter with reference to the relevant case
law. (6 Marks) (Do not exceed 400 words)

Q.4

Ms. Aria, a recent law graduate, wishes to enroll as an advocate in the Republic of Lexicon
(RL), a country with legal systems and regulations similar to those of India. The Bar Council
of Lexicon (BCL), following a recent amendment, introduced the Legal Practitioners
Training Rules (LPTR) 2023. According to LPTR 2023, all aspiring advocates, regardless of
their graduation date, must complete a six-month apprenticeship and pass a Bar Practice
Examination (BPE) before they can enroll as advocates. Ms. Aria, having completed her legal
education before the enactment of LPTR 2023, argues that these additional requirements are
not only retroactive but also exceed the regulatory authority granted to the BCL under the
Advocates Act of Lexicon (AAL) 1961. She files a petition against the BCL, claiming that
the LPTR 2023 violates her right to practice her profession, as guaranteed by the Constitution
of Lexicon, and seeks relief from the Supreme Court of Lexicon. With respect to this
Hypothetical, answer the following questions.

(a) Does the Legal Practitioners Training Rules (LPTR) 2023 impose requirements that
are retroactive in nature? If so, is such retroactivity permissible under the law? (3
Marks) (Do not exceed 250 words)

(b) Does the Bar Council of Lexicon (BCL) have the authority under the Advocates Act
of Lexicon (AAL) 1961 to introduce the apprenticeship and examination requirements
as prerequisites for enrollment as an advocate? (3 Marks) (Do not exceed 250
words)
(c) Does LPTR 2023 violate Ms. Aria's right to practice her profession as guaranteed by
the laws of RL? (3 Marks) (Do not exceed 250 words)

(d) Given the situation, what relief can Ms. Aria seek from the Supreme Court of
Lexicon? (3 Marks) (Do not exceed 250 words)