Comprehension

Administrative law, as a distinct and evolving branch of public law, governs the organization, powers, and functions of administrative authorities. It occupies a crucial interstice between constitutional law and statutory interpretation, addressing the *modus operandi* of state instrumentalities when exercising administrative functions. In modern democracies, the proliferation of welfare legislation and delegated authority has transformed administrative law into a vital mechanism for ensuring *ultra vires* actions do not subvert the rule of law. The foundational maxim *fiat justitia ruat caelum* resonates strongly, where courts scrutinize administrative decisions for legality, reasonableness and procedural propriety. Further, the principles of natural justice embody the due process of law.

The doctrine of proportionality, increasingly recognized in Indian administrative jurisprudence, acts as a check on arbitrary executive action, balancing means with legitimate ends. Similarly, the doctrine of legitimate expectation, though non-binding, obliges administrative bodies to honour representations made unless overriding public interest dictates otherwise. While delegated legislation is a functional necessity, its legitimacy is constantly tested against the doctrine of excessive delegation. The judiciary intervenes when subordinate legislation transcends the enabling Act or violates constitutional parameters. Thus, administrative law operates as a constitutional sentry, safeguarding individuals from administrative overreach. In essence, administrative law is a dynamic equilibrium—preserving the efficiency of governance while upholding fundamental liberties. It ensures that administrative power remains an instrument of service and not a device of domination, echoing the maxim *salus populi suprema lex*.

Question: 1

What is the meaning of the maxim "fiat justitia ruat caelum"?

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This maxim highlights the importance of justice and serves as a reminder that it should not be compromised, even in the face of difficult situations.
Updated On: Jun 12, 2025
  • Injustice shall not be allowed at any cost
  • Justice shall be the yardstick for administrative action
  • Let justice be done though the heavens fall
  • Justice and injustice are two sides of the coin
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The Correct Option is C

Solution and Explanation

The maxim "fiat justitia ruat caelum" translates to "Let justice be done though the heavens fall." It signifies the importance of upholding justice, no matter the consequences. This means that justice should prevail even if it leads to great difficulties or calamities.
Let’s analyze the options:
- Option (1): "Injustice shall not be allowed at any cost" – This is not the correct translation. The maxim is about ensuring that justice is upheld, regardless of consequences, but it does not directly state that injustice shall not be allowed at any cost.
- Option (2): "Justice shall be the yardstick for administrative action" – While this is a reasonable principle, it is not the meaning of the maxim. The maxim specifically speaks about ensuring justice despite any challenges or consequences.
- Option (3): "Let justice be done though the heavens fall" – This is the correct meaning of the maxim. It emphasizes that justice must be upheld at all costs, even if it brings about disastrous outcomes.
- Option (4): "Justice and injustice are two sides of the coin" – This is an incorrect interpretation. The maxim does not relate to the relationship between justice and injustice but stresses that justice should be done regardless of the consequences.
Thus, the correct answer is Option (3).
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Question: 2

Which doctrine acts as a check on arbitrary executive action?

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The Doctrine of Proportionality is essential in maintaining a balance between effective governance and protection of individual rights, preventing executive overreach.
Updated On: Jun 12, 2025
  • Doctrine of legitimate expectation
  • Doctrine of proportionality
  • Doctrine of excessive delegation
  • Doctrine of functional necessity
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The Correct Option is B

Solution and Explanation

The doctrine that acts as a check on arbitrary executive action is the Doctrine of Proportionality. This doctrine is used in administrative law to ensure that executive decisions are not excessive and that the action taken is proportionate to the issue at hand. It is a vital tool to control arbitrary power and ensure fairness.
Let’s review the options:
- Option (1): "Doctrine of legitimate expectation" – While this doctrine ensures that citizens can expect public authorities to follow through on representations made, it primarily addresses procedural fairness rather than directly acting as a check on executive action.
- Option (2): "Doctrine of proportionality" – Correct. This doctrine is designed to prevent the exercise of excessive power by ensuring that the actions taken by the executive are proportionate to the intended goal and do not infringe on rights unnecessarily.
- Option (3): "Doctrine of excessive delegation" – This doctrine deals with the limits of delegation of legislative power and addresses the issue of administrative bodies being given too much authority. While important, it does not directly act as a check on arbitrary executive action.
- Option (4): "Doctrine of functional necessity" – This doctrine focuses on the necessity of certain functions within the administrative system but is not specifically aimed at limiting arbitrary executive action.
Thus, the correct answer is Option (2).
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Question: 3

What is the meaning of the maxim "salus populi suprema lex"?

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The maxim "salus populi suprema lex" emphasizes that the law should prioritize the welfare of the people above all else. It is the foundation of justice and governance.
Updated On: Jun 12, 2025
  • Administrative law is supreme law of people
  • Welfare of the people is the supreme law
  • Constitution is the supreme law of the land
  • Law should be popular and supreme
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The Correct Option is B

Solution and Explanation

The maxim "salus populi suprema lex" translates to "The welfare of the people is the supreme law." It signifies that the well-being of the people is the highest priority in any legal or governmental system. The law exists to serve the people, and its primary objective should be to ensure their welfare and safety.
Let’s analyze the options:
- Option (1): "Administrative law is supreme law of people" – This is incorrect. While administrative law plays an important role in governance, it does not capture the essence of the maxim.
- Option (2): "Welfare of the people is the supreme law" – Correct. This option correctly represents the meaning of the maxim, emphasizing that the law must serve the interests of the people.
- Option (3): "Constitution is the supreme law of the land" – While true in many legal contexts, this does not align with the specific meaning of the maxim. The maxim stresses the welfare of the people, not just the Constitution.
- Option (4): "Law should be popular and supreme" – This is not correct as it deviates from the original meaning of the maxim, which focuses on the welfare of the people rather than the popularity or supremacy of the law itself.
Thus, the correct answer is Option (2).
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Question: 4

Which of the following statements is true?

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Administrative law ensures that governmental power is used properly, protecting citizens' rights by preventing abuse of power. It also serves as a safeguard for constitutional principles.
Updated On: Jun 12, 2025
  • Administrative law is a branch of private law
  • Administrative law subverts the rule of law
  • Administrative law operates as a constitutional sentry
  • Administrative law overrides public interest
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The Correct Option is C

Solution and Explanation

Administrative law is a crucial branch of public law that governs the activities of administrative agencies of government. It is not a branch of private law, as it deals with the relationship between the state and individuals. Let's review each option:
- Option (1): "Administrative law is a branch of private law" – This is incorrect. Administrative law is a branch of public law, not private law, as it regulates the actions of government agencies.
- Option (2): "Administrative law subverts the rule of law" – This is also incorrect. Administrative law upholds the rule of law by ensuring that governmental actions are carried out within the law and that individuals are protected from arbitrary actions by the government.
- Option (3): "Administrative law operates as a constitutional sentry" – Correct. Administrative law functions as a guardian or sentry for the Constitution by ensuring that administrative actions comply with constitutional principles and do not overstep legal boundaries. It helps safeguard fundamental rights and liberties.
- Option (4): "Administrative law overrides public interest" – This is incorrect. Administrative law works in the public interest by ensuring that government actions are transparent, fair, and lawful, and by protecting the rights of citizens against arbitrary or illegal administrative actions.
Thus, the correct answer is Option (3).
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Question: 5

Delegated legislation is valid only if ..........

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Delegated legislation is a vital tool for efficient governance, but it must comply with the principles of the enabling act and avoid excessive delegation of powers.
Updated On: Jun 12, 2025
  • It is passed by Parliament
  • It is against the enabling enactment
  • It satisfies the doctrine of excessive delegation
  • It is free from public scrutiny
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The Correct Option is C

Solution and Explanation

Delegated legislation refers to laws or regulations made by an authority other than Parliament, typically by a government minister, under powers granted by Parliament. For delegated legislation to be valid, it must adhere to certain constitutional principles. One such principle is the doctrine of excessive delegation, which ensures that the delegation of legislative powers to another body does not go beyond the limits set by Parliament. This ensures that legislative power remains with the elected representatives.
Let’s review the options: 
- Option (1): "It is passed by Parliament" – This is incorrect. While delegated legislation derives its authority from Parliament, it does not need to be passed by Parliament itself. 
- Option (2): "It is against the enabling enactment" – This is incorrect. Delegated legislation must comply with the enabling act (the act of Parliament that allows the delegation). If it goes against the enabling enactment, it would be invalid. 
- Option (3): "It satisfies the doctrine of excessive delegation" – Correct. Delegated legislation must not exceed the limits defined by the enabling act and must not result in excessive delegation of legislative power. 
- Option (4): "It is free from public scrutiny" – This is incorrect. While delegated legislation might be less scrutinized than primary legislation, it is still subject to some form of parliamentary and public scrutiny.
Thus, the correct answer is Option (3).
 

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