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3 of 100 marks

AIBE 22: Administrative Law

This subject carries 3 marks of the 100-mark paper — one of the lighter subjects, but still free marks if you tab it properly. Section 45 has 29 questions on it, four times the official count.

Marks in the paper3
Questions here29
Bare act to carryConstitution of India

What to carry, and where to tab

Bring the Constitution of India, unmarked. Blank index tabs only — anything written on a tab can get the book confiscated. These are the parts this subject actually draws from:

Provisions that recur

Sample questions

Three of the 29, with full explanations. The first ten are free in the app.

The maxim 'nemo judex in causa sua' means:

  1. Justice delayed is justice denied to the party wronged
  2. Let the decision stand once it has been made
  3. No one shall be a judge in his own cause
  4. Hear the other side before deciding against it
Answer & explanation
Natural justice

No one shall be a judge in his own cause

This is the rule against bias, one of the two limbs of natural justice. The test is whether there is a real likelihood or reasonable apprehension of bias in the mind of a reasonable person.

Where to find it: Administrative Law — no bare act; carry a reference list

'Audi alteram partem' requires:

  1. Reasons to be recorded and communicated after the decision is taken
  2. Notice and a fair opportunity to be heard before an adverse decision
  3. A right of appeal to a higher authority against every adverse order
  4. Publication of the decision so that affected persons may learn of it
Answer & explanation
Natural justice / Art. 14, 21

Notice and a fair opportunity to be heard before an adverse decision

Maneka Gandhi v. Union of India (1978) extended natural justice to administrative actions affecting rights. The rule may be excluded in cases of genuine urgency or where a statute expressly so provides.

Where to find it: Administrative Law

The doctrine of ultra vires means:

  1. An act once taken cannot be reviewed by any court on the merits
  2. An act beyond the powers conferred by law is invalid
  3. An act done in good faith remains valid despite a defect of power
  4. An act of a superior authority prevails over one of a subordinate
Answer & explanation
Administrative Law

An act beyond the powers conferred by law is invalid

Substantive ultra vires concerns the scope of the power; procedural ultra vires concerns non-compliance with a mandatory procedural requirement in exercising it.

Where to find it: Administrative Law

Practise

Ten questions in Administrative Law free, no card. Each answer cited to both codes with a line telling you where to look in the bare act.

Practise Administrative Law