Exercise 33

Instructions to Solve
The object underlying the rules of natural justice "is to prevent miscarriage of justice" ans secure "fair play in action" As pointed out earlier the requirement about recording of reasons for its decision by an administrative authority exercising quasi-judicial functions achieves his object by excluding changes of arbitrariness and ensuring a degree of fairness in the process of decision making. Keeping in view the expanding horizon of the principle of natural justice which govern exercise of power by administrative authorities. The rules of natural justice are not embodied rules. The extent of their application depends upon the particularly statutory framework where under jurisdication has been conferred on the administrative authority. with regard to the exercise of particular power by an administrative authority including exercise of judicial or quasi-judicial functions the legislature, while conferring the said power, may feel that it would not be in the larger public interest that the reasons for the order passed by the administrative authority be recorded in the order and be communicated to the aggrieved party and it may dispense with such a requirement.

Question 1 :

"The rules of the natural justice are not embodies rules" means that these rules

A). are left deliberately vague
B). cannot be satisfactorily interpreted
C). are flexible
D). cannot be visualised
Answer : Option C

Question 2 :

From the passage it is clear that it is the legislature that

A). invests the administrative authority with enormous powers
B). embodies rules
C). has the larger interests of public welfare
D). leaves administrative authority enough discretion to interpret rules
Answer : Option A

Question 3 :

According to the passage, there is always a gap between

A). rules of natural justice and their application
B). conception of a rule and its concretisation
C). demand for natural justice and its realisation
D). intention and execution
Answer : Option A

Question 4 :

"To dispense with a requirement" means

A). to do without the demand
B). to drop the charge
C). to cancel all formal procedure
D). to alter the provisions of the case
Answer : Option A

Question 5 :

According to the passage, natural justice can be brought about by

A). administrative authority remaining vigilant
B). administrative authority upholding rules of natural justice
C). administrative authority farming rules suitably
D). administrative authority observing the rules of fair play
Answer : Option D