Administrative Law [IAS (Admin.) Mains Public Administration]: Questions 1 - 6 of 25

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Question 1

Appeared in Year: 2019

Describe in Detail Subjective▾

“Red light and Green light theories provide contrasting approaches to the role of administrative law.” Which of the two theories will be effective in achieving the objectives of administration law? Justify your choice. (15 Marks)

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Explanation

Red Light and Green Light Theories

  • Red light theory states that aim of Administrative Law is to control the excessive power of state and to protect Liberty of People therefore there must be judicial control on administrative Law.
  • On the other hand, Green Light theory approach considers administrative Law exists for the efficient functioning of state.…

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Question 2

Appeared in Year: 2019

Describe in Detail Subjective▾

“Delegated legislation has become a strategic tool in the hands of the executive despite its utility.” Comment. (10 Marks)

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Explanation

Delegated Legislation

Delegated Legislation (also referred to as secondary legislation or subordinate legislation) is law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation.

Factors Responsible for the Growth of Delegated Legislation

  • Lack of…

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Question 3

Describe in Detail Subjective▾

The principle of delegated legislation is, I think right, but I was emphasizing that it is well for Parliament to keep a watchful and even zealous eye on it at all stages “- (Herbert Morrison) Analyze. (15 Marks)

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Explanation

Delegated Legislation

  • Delegated legislation means that legislature delegates power of law making to executive.
  • Delegated legislation is considered as a necessary evil as the executive gets power to legislate and execute which may be threat to constitutionalism.
  • Delegated legislation is global phenomena which is seen in government functioning around th…

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Question 4

Describe in Detail Subjective▾

“Administrative Law is recognized by its substance rather than its form.” Discuss (10 Marks)

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Explanation

Administrative Law

  • Administrative Law deals with functioning of Administrative agencies and it՚s relationship with citizens. It is analyzed and recognized by Citizens mainly by its content.
  • It is more important to realize the Purpose of Administrative Law and how it tries to alter the relationship between Citizen and Administration for e. g. Right to…

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Question 5

Appeared in Year: 2018

Describe in Detail Subjective▾

“The Journey of Administrative Law has moved much beyond A. V. Dicey.” Comment.

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Explanation

Journey of Administrative Law

  • Administrative law can be broadly defined as all those laws, conventions, and customs, traditions which have bearing on administration such as their power, function, roles and responsibility.
  • A. V. Dicey restricted his concept of Administrative Law to Droit Administrative of France, which provides for special rules gover…

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Question 6

Appeared in Year: 2016

Describe in Detail Subjective▾

“The central concern of Administrative Law has been the legal limitation of administrative discretion.” Give reasons. (15 marks)

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Explanation

Administrative law is concerned with the statutory strength to administrative action as well as provides mechanisms for redressal of administrative excesses or malfunctioning. It rejects traditional politics-administration dichotomy & follows the principle of subsidiarity.

Discretionary powers are conferred on bureaucracy because administrative agen…

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