Which article of the Indian Constitution deals with the appointment of the Lokpal?
AArticle 52
BArticle 280
CArticle 363
DArticle 226
Correct Answer:
C. Article 363
EXPLANATION
Article 363 of the Indian Constitution provides for the establishment and appointment of the Lokpal. The Lokpal and Lokayukta Act, 2013 provides the statutory framework for this constitutional institution.
In the context of administrative law, the principle of 'Proportionality' primarily ensures that:
AAdministrative action is taken in direct proportion to the authority granted
BPunishment is proportionate to the offense committed
CAdministrative decisions don't exceed what is necessary to achieve legitimate objectives
DAll administrative bodies have equal authority
Correct Answer:
C. Administrative decisions don't exceed what is necessary to achieve legitimate objectives
EXPLANATION
The principle of Proportionality in administrative law ensures that restrictive measures adopted by an administration are not more than necessary to achieve legitimate aims, balancing individual rights with public interest.
The 'Doctrine of Basic Structure' in Indian constitutional law was established to ensure:
AThat amendments cannot alter the fundamental character of the Constitution
BThat only the President can amend the Constitution
CThat all amendments require unanimous parliamentary approval
DThat constitutional amendments can only be made once every five years
Correct Answer:
A. That amendments cannot alter the fundamental character of the Constitution
EXPLANATION
Established in Kesavananda Bharati v. State of Kerala, the doctrine prevents constitutional amendments from destroying the Constitution's basic structure, including democracy, federalism, and judicial review.
The doctrine of 'Colourable Legislation' in Indian constitutional law refers to:
ALaws that are nicely written and aesthetically presented
BLaws that appear valid on the surface but are enacted to circumvent constitutional restrictions
CLaws that are colored or categorized differently for statistical purposes
DLaws enacted by painting or marking government property
Correct Answer:
B. Laws that appear valid on the surface but are enacted to circumvent constitutional restrictions
EXPLANATION
Colourable legislation refers to laws that disguise their true purpose to evade constitutional limitations. Such laws can be struck down as they violate the spirit of the Constitution.
Which Supreme Court judgment established the principle that the President's clemency power is not subject to judicial review?
AKesavananda Bharati v. State of Kerala
BEpuru Sudhakar and Another v. Govt. of A.P.
CHussainara Khatoon v. Home Secretary, State of Bihar
DBachan Singh v. State of Punjab
Correct Answer:
B. Epuru Sudhakar and Another v. Govt. of A.P.
EXPLANATION
In Epuru Sudhakar's case, the Supreme Court held that while the President's clemency power is discretionary, it can be reviewed on grounds of mala fides or gross abuse of power.
In the context of judicial review, the 'ultra vires doctrine' refers to:
AActions that exceed the constitutional or legal authority of an administrative body
BDecisions made in the presence of all parties
CLaws that protect the integrity of the judiciary
DJudicial orders that apply across all states
Correct Answer:
A. Actions that exceed the constitutional or legal authority of an administrative body
EXPLANATION
Ultra vires means 'beyond the powers.' It refers to administrative actions that exceed the scope of authority granted by law or constitution and can be challenged in courts.
Which of the following best describes the doctrine of 'Promissory Estoppel' as applied in Indian administrative law?
AIt allows the government to break its promises without any legal consequence
BIt prevents the government from taking back a promise once made if the citizen has acted upon it to their detriment
CIt applies only to private contracts and never to government promises
DIt makes all government promises legally binding irrespective of jurisdiction
Correct Answer:
B. It prevents the government from taking back a promise once made if the citizen has acted upon it to their detriment
EXPLANATION
The doctrine of promissory estoppel, established through judicial precedent, prevents the government from reneging on its promises when citizens have acted in reliance upon them.
