Test: Administrative Law - 1 - CUET Humanities MCQ

Officially the institution of ombudsman was inaugurated in the year 1809 in Sweden. This institution did not become very famous till it was adopted by Denmark.

Administrative law is considered a branch of public law. It is the body of law that governs the activities of administrative agencies of the government. Actions of government agency can include rule-making, adjudication or the enforcement of a specific regulatory agenda.

Administrative law is the law relating to the control of governmental power. The administrative process is considered necessary evil in all progressive and developing societies, particularly in a welfare State. Such a process may affect the rights of citizens of the country. The primary objective of administrative law is to limit the powers of the government to protect citizens against their abuse. In other words, we can define administrative law as the body of rules, regulations, orders, and decisions created by the administrative agencies of government. Administrative law deals with the powers of administrative authorities, the exercise of such powers, remedies for aggrieved persons by such law, etc. According to Ivor Jennings, administrative law is the law relating to the administration. It determines the organization, powers, and duties of the administrative authorities.

The originator of the concept of rule of law was Sir Edward Coke, the Chief Justice during James I reign. The concept of rule of law is of old origin. The doctrine of rule of law is the entire basis of administrative law. To simply understand the meaning of rule of law, it means that no man is above law and also that every person is subject to the jurisdiction of ordinary courts of law irrespective of their position and rank.

The correct answer is Directive Principles of State Policy. Article 36 to Article 51 of our Constitution deals with the Directive Principles of the State Policy. Article 50 prescribes the separation of the judiciary from the executive.

Delegated legislation, also referred to as secondary legislation is legislation made not directly by an Act of the Parliament, but under the authority of an Act of Parliament. Parliament has regularly and extensively delegated its limited power to the Executive to make certain regulations under Acts.

Delegated or subordinate legislation is not retrospective unless the statute under which it has been framed, expressly or by necessary implication, imports retrospectivity. Thus, retrospective effect should be given only when the particular law or statute provides specifically.

Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de La Brède et de Montesquieu, an 18th century French social and political philosopher.

Natural justice is an expression of English common law, and involves a procedural requirement of fairness. The principles of natural justice have great significance in the study of administrative law. It is also known as substantial justice or fundamental justice or universal justice or fair play in action. The principles of natural justice are not embodied rules and are not codified. They are judge made rules and are regarded as counterpart of the American procedural due process.

Rule of law is an essential tool to protect the freedom and dignity of individuals against organized powers. In the landmark ruling by the Supreme Court of India in the Keshavananda Bharti v. State of Kerala, 'rule of law' was categorized as a 'basic structure' of the constitution. Basic structure means those basic characters/attributes which are enshrined in the heart of the Constitution and which cannot be repealed/replaced by any Parliament. Hence, it is a bundle of characteristics of the Indian Constitution which can never lose their relevance and can never be derogated.