Question : “Delegated legislation is a necessary evil.” Examine.
(2007)
Answer : The Delegated Legislation (DL) forms an essential part of today’s administrative law. With rising scope of Administrative Law, the scope of Delegated Legislation is also rising, despite its certain drawbacks.
The Delegated Legislation is nothing but delegation of legislative powers to executive. The need for specialisation, paucity of time and there are other factors which contribute for excessive delegated legislation.
The inevitability of delegated legislation, particularly in a welfare state, is beyond dispute.
Since delegated legislation is a ....
Question : “Today the content of administrative law is driven primarily by the scope of public administrative activity”. Explain.
(2006)
Answer : Administrative Law is that portion of a nation’s legal system which determines the legal status and liabilities of all state officials and secondly, defines the rights and liabilities of private individuals in their dealings with public officials and thirdly, specifies the procedure by which those rights and liabilities are enforced. Now as the scope of public administration is changing and widening the content of administrative law is also changing.
First of all as the socio-economic functions ....
Question : “Today the content of administrative law is driven primarily by the scope of public administration activity”. Explain.
(2005)
Answer : Administrative Law in its widest sense implies the whole body of law relating to public administration. According to Bathelemy, Administrative Law is the sum total of the principles according to which the activity of services concerned with the execution of law is exercised. It is one of two great branches of the public law, the other being constitutional law.
James Hart divides the field of administrative law into the law of internal administration and the law ....
Question : Delegated Legislation is not absolute. Explain.
(2004)
Answer : Delegated legislation implies law-making power conferred by parliament on the executive.
The inevitability of delegated legislation, particularly in a welfare state, is beyond dispute.
Since delegated legislation is a necessary evil, and is likely to increase in volume, rather than diminish, in view of the complex social organization and vest developmental and promotional activities that a modern government undertakes, some safeguard and controls are necessary and desirable, to avoid usurpation of absolute power by delegated legislation.
The ....
Question : “ Dicey was wrong not only in the concept of the rule of law, but he also overlooked the significance of the administrative law”.
(2002)
Answer : Dicey was not quite correct in his estimate of the nature and effects of what could be called the rule of law in England. In the first place, it was not true to say that the state and the citizens, in England, were governed by the same ordinary law of the country or that the state had no discretionary powers. Dicey’s statement that under the English ‘rule of law’ the administrative authorities and the private ....
(2000)
Answer : As we know that courts are over burdened in country. So, to reduce this burden there are many administrative tribunals have been set-up to take the various cases for speedy redressal. As we know Central Administrative tribunal at central level and state administrative tribunals at state level. At central level we have different Administrative Tribunals like, Income Tax Appellate tribunal and Railway Rates Tribunal. Now these tribunals take up cases related to various aspects related ....
Question : “Increased delegated legislation is a phenomenon of a modern positive state.” Elucidate.
(1999)
Answer : Delegated legislation is one of the best known topics in the realm of Administrative Law, has close bearings on parliamentary government and power of the executive in General. Delegated legislation refers to the law-making power conferred by parliament on the executive. This term is also known as executive legislation. It is quite incorrect to suppose that delegated legislation is a phenomenon which characterizes the twentieth century only. The history of delegated legislation dates back to ....
Question : “Administrative Law in the modern governmental system is inevitable.” Comment.
(1998)
Answer : Administrative Law although has existed in all countries at all times, its modern growth in the advanced industrialized countries has been so phenomenal and peculiar as to constitute ‘a new development’. As for the causes of the growth, they are mainly to be found in the vast expansion of the function of the government in recent times. The philosophy of the individualism prevalent during the 18th and 19th centuries broke down under the impact of ....
Question : How for is it true to state that delegated legislation has become a present day necessity and it has come to stay; it is both inevitable and indispensable ?
(1997)
Answer : Delegated Legislation refers to law making power conferred by parliament on the executive. In its purest form, delegated legislation is a comparatively recent development. It is a manifestation of the positive role of the state. Governmental outlook has undergone a complete change as a result of changes in social, economic and political ideas, and changes in human lives brought about by successive advances in the field of science & technology. State is longer content with ....
Question : The central concern of administrative law has been the legal limitation of administrative ‘discretion’.
(1997)
Answer : Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities and indicates to the individual remedies for the violation of his rights. Administrative law is that part of the public law which fixes the organization and determines the competence of the administrative authorities and indicates to the individual remedies for the violation of his rights.
Administrative law is an important and significant development of recent times. Its ....
Question : The field of administrative law after a century of litigation and adjudication, remains alive with simmering issues.
(1995)
Answer : Administrative Law, shows a whole body of law relating to public administration. It is the law of official powers and responsibility or the law which determines the amount of discretion permitted to administrative officers and agencies.
The clear picture of Administrative Law as we observed can be seen in “France” polity, where there is a definite regulating material in terms of administrative point of view. But in India and England the concept of Rule of Law, ....
Question : The field of administrative law after a century of litigation and adjudication, remains alive with simmering issues.
(1995)
Answer : Administrative Law, shows a whole body of law relating to public administration. It is the law of official powers and responsibility or the law which determines the amount of discretion permitted to administrative officers and agencies.
The clear picture of Administrative Law as we observed can be seen in “France” polity, where there is a definite regulating material in terms of administrative point of view. But in India and England the concept of Rule of Law, ....
