All Questions page - 742

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

A V Dicey criticized which legal system?
A English legal system
B French legal system
C Australian legal system
D American legal system

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

…………….. 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

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

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

The functions of the executive can be classified as
A Delegated legislation
B Quasi judicial function
C Discretionary functions
D All of the above

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

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

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

'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

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

Which of the functions may not be delegated
A Commencement
B Inclusion and exclusion
C Application of existing laws
D Essential legislative functions

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

Which of the following is correct definition of ‘Audi alteram partem’?
A Listening to the appeal
B Right of fair hearing
C Right to know reasons of decision
D All of the above

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

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

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