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admin law Flashcards

1
Q

Articles ___ of the American Constitution provide for entrusting powers in three organs.

A

1, 2 and 3

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2
Q

Articles ___ of the American Constitution provide for entrusting powers in three organs.

A

1, 2 and 3

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3
Q

Kilbourn v. Thompson (1881)

A

Justice Fran Furter observed that strict separation of powers would make a modern government impossible.

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4
Q

Kilbourn v. Thompson (1881)

A

Justice Fran Furter observed that strict separation of powers would make a modern government impossible.

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5
Q

The Budget and Accounting Act

A

When the President prepares the budget, he must consult with the Congress. Therefore, the Executive action must be in consultation with the Legislature. This depicts the control of Congress over the Executive. Furthermore, the validity of the budget is determined by the Congress (as they vote on it).

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6
Q

the Executive exercises control over the Congress.

A

The President can veto the laws or Bills by the Congress.

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7
Q

the Executive exercises control over the Congress.

A

The President can veto the laws or Bills by the Congress.

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8
Q

Article 50

A

Separation of Judiciary from Executive

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9
Q

Article 154 –

A

Executive Power of the State vested with Governor

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10
Q

Lord Hewart book name

A

“The New Despotism

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11
Q

standing committee in lok sabha for the dl name and sections?

A

committee on subordinate legislation - LS art 70, RS Art 60

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12
Q

classification of dl - central act to central executive:

A

246 of indian constitution
sec 3 of all india services act
sec 3 of defence of india act

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13
Q

classification of dl - central act to state executive

A

section 8 of opium act
sec 2 of waqf act

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14
Q

classification of dl - central act to both

A

essential commodities act (section 3(1) and 3(2) + administrative tribunal

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15
Q

classification of dl - central act to statutory bodies

A

section 49 of advocates act - BCI, RBI, SEBI

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16
Q

classification of dl - state act to state bodies

A

gujarat argi market commission act
gujarat MCA

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17
Q

classification of dl - state act to state statutury bodies

A

GNLU ACT
gujarat fin corp act

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18
Q

garner in his book administrative law

A

skeleton - flesh and bones

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19
Q

henry 8 type legislation

A

power to remove difficulties - section 30 of RTI Act, section 470 of the companies act, administrative tribunal sec 34

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20
Q

Power to bring an act into force

A

section 2 central chit funds act

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21
Q

power to extend the life of the act

A

bihar maintenance of public order act, act to be valid for 2 years, can extend for 6 months - it was done for 18 times.

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22
Q

Power to extend the law to other jurisdictions/territories

A

APMC law was earlier meant for the saurashtra region, TPA.

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23
Q

Power to include:

A

persons, group of persons, items, institutions. Minimum wages act

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24
Q

Power to exclude

A

: payment of bonus act, Pharma industries in Ahmedabad - GOI under S. 30 issued a notification which excludes pharma
industries from applicability of Payment of Bonus Act

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25
Q

Power to adopt: S

A

section 3 of UT Act, MCOCA

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26
Q

Power to fill in details:

A

garner, essential commodities act sec 3

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27
Q

Power to prescribe punishment:

A

not on criminal laws, max min to be provided - all saints high school v. state of AP electricity act, electricity act, damodar valley act.

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28
Q

Power to modify:

A

incidental not substantial. GNLU ACT NAMES eg. cases: re delhi laws act, raj narain v. patna admin, lakshmi narayan v. UOI

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29
Q

power to remove difficulties

A

henry 8 type legislation, 470 companies act, sec 30 of RTI act, section 34 of admin tribunals act.

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30
Q

who created the concept of separation of powers. who popularised?

A

aristotle, popularised by bodin in france, and locke in england

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31
Q

who is the father of DOSP?

A

aristotle

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32
Q

Montesquieu which book what did he say?

A

spirit of laws (1748) -
1. same person should not be part of more than one organ
2. same person/organ should not perform the functions of more than one organ
3. one organ should not control another organ

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33
Q

what is spiritual document on the basis of which the USA constitution was formulated?

A

esperit de lois

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34
Q

usa constitution articles of separation of powers

A

art 1 - legislature (congress - senate + house of rep)
art 2 - executive (president and his ministers)
art 3 - judiciary

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35
Q

who and when observed that SOP would be impossible in a modern government

A

justice frankfurt kilbourn v. thompson

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36
Q

who all wanted the SOP during the consti assembly debates?

A

KT shah, Hanumanthaih, Kazi Syed Karimuddin

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37
Q

which article of the indian judiciary envisages separation of the judiciary from the executive

A

art 50

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38
Q

which article provides that the president is a part of the legislation?

A

art 79

39
Q

which article of the const envisages vesting of the executive power? is there any vesting fo legislative and judicial powers

A

art 53: president
art 154; governor
none for legislative or judicial powers

40
Q

what are president’s legislative powers

A

art 123 ordinance making power, power of the govt to make rules, power of the president during emergency

41
Q

judicial functions performed by the president

A

art 103: disqualification of members of the parliament
art 72: pardoning powers of the president

42
Q

legislature performing judicial functions

A
  1. power to punish for breach of parliamentary privileges
  2. impeachment of the judges
43
Q

president’s reccommendation needed to initiate a law

A

1 money bills
2. imposition of surcharge
3. article 3; babulal parate v. state of bombay: state’s reccommendation not concurrence. parliament can alter the law even after that.

44
Q

judiciary empowered with law making functions

A
  1. rules of HC
  2. appointment of staff and their officials
45
Q

ram jawayya kapur v. state of punjab date

A

(1955)

46
Q

La principle de legalite - who propounded, meaning?

A

government based on principles of law, and not man edward coke

47
Q

who is father of rule of law

A

sir edward coke

48
Q

what is the book written by dicey?

A

the law and the constitution (1885)

49
Q

what are the three principles of dicey?

A
  1. supremacy of the law
  2. equality before law
  3. predominance of the legal spirit
50
Q

righst are the results of judicial decisions

A

dicey

51
Q

on whose book is the defintion and the concept of rule of law of usa is based on

A

davis administrative law

52
Q

which case gave judicial review of administrative action?

A

marbury v. madison

53
Q

what is the delhi declaration and when did it take place?

A

international commission of jurists, 1959
3 principles

54
Q

ADM Jabalpur v. Shivkant Shukla date

A

1976

55
Q

when was the emergency declared?

A

20th june, 1975

56
Q

under which article is emergency declared

A

art 352

57
Q

which article defines emergency

A

art 366(18)

58
Q

what are the three conditions under which emergency can be declared

A
  1. war
  2. armed rebellion (44th consti amendment) earlier it was internal aggression
    3.external aggression
59
Q

which article suspends Fundamental right to freedom after an emergency?

A

art 358

60
Q

which article suspends right to enforcement of FR during an emergency/

A

art 359

61
Q

what is the bench of ADM Jabalpur v. Shivkant Shukla

A

khanna, beg. ray, yv chandrachud, bhagwati

62
Q

which judgement stated that liberty is absolute it is ever expanding

A

puttuswamy

63
Q

UOI V. R Gandhi date

A

2010

64
Q

Associated Provincial Picture Houses Ltd v. Wednesbury Corporation

A

1948

65
Q

constitution governing admin law

A

32, 226, 227, 323(B) -

66
Q

what was the frank’s committee related to?

A

functionings of the tribunals

67
Q

ridge v. baldwin main held

A

follow pnj even when performing statutory/administrative funtions because the difference between them is very narrow

68
Q

what is the magna carta of administrative law principles?

A

ridge v. baldwin

69
Q

main held ak kraipak v. uoi

A

follow pnj even when performing statutory/administrative funtions because the difference between them is very narrow

70
Q

thomas bonham carter v. college of physicians, cambridge university

A

nemo judex in causa sua, rule against bias especially pecuniary bias

71
Q

marbury v. madison

A
72
Q

Associated Provincial Pictures v. Wednesbury Corporation judge name and thomas bonham judge name

A

lord greene, lord edward coke

73
Q

test of reasonableness which case

A

wednesbury corp, wednesbury principles

74
Q

what are the four laws in england that provide for admin law

A

rule publication act - procedure
statutory instruments act - substantive
tribunals and enquiries act -
crown proceedings act

75
Q

(Pett v. Greyhound Racing Association)

A

legal representation is found to be an essential right
available across all administrative adjudication

76
Q

usa admin law statutes

A

administrative procedure act
federal torts claim act

77
Q

india administrative law statutes

A

lokpal act
rti act
central vigilance commission act
adminsitrative tribunals act
general clauses act

78
Q

select committee on statutory instruments

A

parliament come up with only skeletal acts, the executive will make the details laws.

79
Q

sop is basic structure doctrine

A

keshwananada bharti, minerva mills + raj narain

80
Q

44th consti amendment

A

art 20, 21 cannot be taken away

81
Q

mandatory requirement of the legislature to publish cases

A

narendra kumar v. uoi, harla v. state of rajasthan

82
Q

Compliance with pnj mandatory for executive case

A

ridge v. baldwin, ak kraipak

83
Q

not mandatory for the legislature to comply with principles of natural justice

A

charanlal sahu v. uoi - bhopal gas tragedy case

84
Q

what is essential requirement in judicial function of the judiciary

A

lis inter parties

85
Q

what is a quasi judicial function?

A

when an administrative authority performs a judicial function

86
Q

father of judicial review

A

edward coke

87
Q

father of

A
88
Q

vineet narain v. uoi

A

central vigilance commission act:

89
Q

vineet narain v. uoi

A

central vigilance commission act:

90
Q

what is the strength of ak kraipak

A

5 judge bench

91
Q

what is the test provided in the vodafone international ltd v. uoi for extra territorial application of law

A

the degree of relationship must be provided by the law

92
Q

what is the test provided in the vodafone international ltd v. uoi for extra territorial application of law

A

the degree of relationship must be provided by the law

93
Q

which articles of the present french consti have reference to council d etat

A

65, 74 39

94
Q

which articles of the present french consti have reference to council d etat

A

65, 74 39

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