UPSC 2020 LAW Paper I
Time Allowed : 3.00 Hrs Maximum Marks : 250
SECTION – "A"
Q1. Answer the following questions in about 150 words each :
(a) The goals specified in the Preamble contain the basic structure of the Constitution, (which cannot be amended under Article 368 of the Constitution. Analyse this statement in the light of leading decided cases.
(b) Make a distinction between judicial review and judicial power. Explain the scope of judicial review with reference to the cases arising under the xth Schedule of the Constitution.
(c) Analyse the relevance of doctrine of eminent domain under the Constitution of India. Explain the limitations of this doctrine with the help of case law.
(d) Enumerate the list of Fundamental Duties as provided in the Constitution of India. What is the rationale of incorporation of Fundamental Duties under the Indian Constitution through the Constitutional (Forty-second Amendment) Act, 1976?
(e) What are the various modes of judicial control of delegated legislation ?
Q2.(a) (i) Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal and Lokayuktas Act, 2013. How do you think the office of Lokpal is better than other anti-corruption mechanisms?
(ii) Explain the Pardoning Powers of the President. Examine how far the Judicial Review can be exercised over such powers.
(b) “Distinction between quasi-judicial and administrative functions is no longer the exclusive criteria for deciding whether or not the rules of Natural justice apply.” Critically examine this statement.
(c) With the help of illustrations, discuss and differentiate, co-operative federalism and competitive federalism.
Q3.(a) Examine the scope of protective discrimination offered to persons belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes under Articles 15 and 16 of the Constitution of India. Explain with the help of decided cases.
(b) An amendment of the Constitution of India for better Union and State relations is due." Comment on this statement and substantiate your recommendations for amendment of specific provisions of the Constitution, if any, on this matter.
(c) "Governor's office is sui generis. The Governor in our system does not function as constitutional head for the whole gamut of his responsibilities. There is an important area, though limited and subject to constitutional constraints, within which he acts in the exercise of his discretion.” Examine this statement in the light of Sarkaria Commission Report.
Q4.(a) (i) Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice ? Explain in the light of relevant constitutional provisions.
(ii) Describe the powers and functions of the Union Public Service Commission.
(b) “Parliamentary privilege is an essential incident to the high and multifarious functions which the legislature performs.” Discuss. What reforms will you suggest, if any, in the existing position ?
(c) "While certainly law is important in India, it can't be at the cost of justice." Critically examine this statement in the context of "Curative Writ Petition" in India. Refer to relevant case law.
Section-"B"
Q5.Answer the following questions in about 150 words each:
(a)What are the various steps involved for concluding an international treaty and bringing it into force ?
(b) A WTO member country “X” agrees with a non-member country “Y” to reduce the tariff on product “A” to 7 percent. Can the WTO members claim the same tariff level on like product “A” from country “X” ? How have the dispute settlement bodies defined the "like product” in Article I-1 of GATT?
(c) Discuss the purposes and principles governing United Nations. What reforms, if any, do you suggest for the UN system?
(d) What are the parameters of contentious jurisdiction exercisable by the International Court of Justice ?
(e) Discuss the status of individual in International Law especially with reference to human rights treaties.
Q6.(a) In resolution 67/19, the United Nations General Assembly decides to accord to Palestine, a non-member observer state status in the United Nations.
Explain the importance of the resolution while determining the Statehood of Palestine.
Analyse your arguments in the light of various theories of recognition.
(b) “Asylum ends where extradition begins.” Comment. Distinguish between territorial asylum and extra-territorial asylum.
(c) Do you agree with the view that International law is merely a positive morality ? Discuss the nature and scope of International law.
Q7.(a) (i) Explain the State practices relating to observing International law within the Municipal law.
(ii) Explain the role of arbitration for peaceful settlement of international disputes.
(b) Discuss the rights and obligations of Coastal States and other States in the territorial waters and contiguous zone.
(c) Explain in detail the anti-dumping provisions under GATT and WTO What are the methods laid down for determination of wantind and material injury” ?
Q8.(a) What is the understanding and scope of legal regimes pertaining to International Armed Conflict (IAC) and Non-International Armed Conflict (NIAC) respectively, and what are the thresholds of application of these two regimes ?
Illustrate the impact of International Humanitarian Law on the international refugee crisis.
(b) treaties Evaluate the main sources of International Environmental Law. Explain and discuss in particular the emergence of “Soft Law” and principles of International Environmental Law and how this has influenced the development of this area of International Law.
(c) Write notes on the following:
(i) International Terrorism
(ii) Grounds of Intervention
(iii) Nuclear Non-Proliferation Treaty
UPSC 2020 LAW Paper II
Time Allowed : 3.00 Hrs Maximum Marks : 250
SECTION – "A"
Q1. Answer the following in about 150 words each. Support your answers with relevant legal provisions and judicial pronouncements :
(a) If a person, who voluntarily consumed intoxicating liquor, commits an offence, while under the influence of such intoxication, can he plead 'voluntary intoxication' as a defence? Discuss in the light of relevant provisions of the IPC.
(b) If a woman watches or captures the image of another woman engaging in a private act in circumstances where she would usually have the expectation of not being observed by any other person, does that amount to offence of voyeurism' under the Indian Penal Code? Discuss.
(c) Is it mandatory to obtain previous sanction for prosecuting a public servant for offences under the Prevention of Corruption Act, 1988? Discuss in the light of relevant provisions and the decisions of the Supreme Court.
(d) " 'Public nuisance' does not create a civil cause of action for any person." Comment.
(e) "The common cases of vicarious liability relate to servant driving his vehicle in the course of employment." Explain in the light of decided cases.
Q2.(a) The definition of 'murder' under Section 300 of the Indian Penal Code is very Vwide. It includes not only both intentional' and 'unintentional' causing of death but also cases where the death is not even 'foreseen'. Explain.
(b) "The expression 'measures of damages' means the scale or rule by reference to which the amount of damages is to be recorded and assessed." In the light of the above statement, examine the changing contours of damages as a tortious remedy.
(c) Though both Sections 34 and 149 of the Indian Penal Code provide for imposition of constructive criminal liability, there are substantial points of difference between the two. What are they?
Q3.(a) Though the 'capital punishment' is not abolished in India, the recent trends show that the Supreme Court, in appeals, is inclined to modify the same and sentence the convict to life imprisonment with further direction that the convict must not be released from prison before he/she actually serves certain specified number of years usually 20, 25 or 30 years. Do you think the Court is justified in issuing such directions? Comment.
(b) Critically examine the Consumer Protection Act, 2019 and distinguish it with the Consumer Protection Act, 1986.
(c) Privilege' means that a person stands in such relation to the facts of the case that he is justified in saying or writing what would be 'slanderous' or 'libellous' in anyone else." Explain the statement with leading case law.
Q4.(a) Unless the ingredients of either theft' or 'extortion' are present, neither the offence of 'robbery' nor the offence of 'dacoity' can be made out. Explain.
(b) Mere proof of presence of both actus reus' and 'mens rea' is not sufficient, the concurrence between the two also needs to be established to impose criminal liability. Elucidate in the light of case law.
(c) The rule "Crown was not answerable for tort committed by its servant” has never been applied in India. Examine the statement in the light of the decided cases.
Section-"B"
Q5.Answer the following in about 150 words each. Support your answers with relevant legal provisions and decided cases :
(a) "Like an ordinary paper contract, an electronic contract is also primarily governed by the codified provisions of the Indian Contract Act, 1872 as applicable to contracts in general." Explain the statement highlighting the legal provisions relating to conclusion of electronic contract.
(b) Discuss the access and benefit sharing (ABS) law provided under the Biodiversity Conservation Act, 2002 with special reference to adjudication of biodiversity disputes and jurisdiction of the National Green Tribunal.
(c) "The Supreme Court of India in public interest litigation cases relating to COVID-19 pandemic adopted a judicial policy of non-interference into the policies of the Government.” Elucidate with the help of decided cases.
(d) "A surety is said to be discharged from liability when his liability comes to an end." Throw light on the statement with relevant legal provision under the Indian Contract Act, 1872.
(e) According to Anson, "Contract of insurance bears a certain superficial resemblance to wagering agreement but they are really transactions of different nature". Elucidate.
Q6.(a) "The grant of patent implies that patentee has a right to exclude others from using the invention.
"Examine the implication of the above statement with relevant provisions of the Patent Act, 1970 and leading judgements.
(b) "No court will lend its aid to a man who found his cause of action upon an immoral or illegal act."
Are there any exceptions to the above-said rule? Explain.
(c) “The parties cannot appeal against an arbitral award as to its merits and the court cannot interfere on its merits.” Critically examine the statement and also explain the highlights of the Arbitration and Conciliation (Amendment) Act, 2019.
Q7.(a) "The objective of Section 138 of the Negotiable Instruments Act, 1881 is to promote the efficiency of banking operations and to ensure credibility in transacting business through cheques." Explain the statement with recent amendments.
(b) "Laws are geared to protect the right to equitable remuneration but life is beyond the material.” In the light of the above statement, dwell on the dichotomy of economic rights and moral rights under the Copyright Act, 1957 and case law on the point.
(c) Discuss the rationale of exemption to disclosure of information endangering life and the information regarding criminal trial and criminal investigation provided under the Right to Information Act, 2005 in the light of decided cases.
Q8.(a) "In the course of time, the courts have introduced a number of exceptions in which the rule of privity of contract does not prevent a person from enforcing a contract which has been made for his benefit but without his being a party to it." Explain the statement with the help of leading case law.
(b)“The intellectual property right and competition law generally work in tandem but often become friends in disagreement." Elucidate the above statement by referring to the mandate of the TRIPS Agreement, 1995 and its compliance under the Competition Act, 2002.
(c) "The Environment (Protection) Act, 1986 is an umbrella legislation to not only protect and improve the environment but to prevent and control of pollution." Comment and analyze.
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UPSC 2019 LAW Paper I
Time Allowed : 3.00 Hrs Maximum Marks : 250
Question Paper Specific Instructions
Please read each of the following instructions carefully before attempting questions.
There are EIGHT questions divided in two sections.
A candidate has to attempt FIVE questions in all.
Questions no 1 and 5 are compulsory and out of the remaining, THREE are to be attempted choosing at least ONE from each section.
The number of marks carried by a question /part is indicated against it.
Word limit in questions, wherever specified should be adhered to.
Attempts of questions shall be counted in chronological order. Unless struck off, attempt of a question shall be counted even if attempted partly. Any page or portion of the page left blank in the answer book must be clearly struck off.
SECTION – "A"
Q.1 Answer the following questions in about 150 words each: (10 x 5= 50)
(a) Discuss the doctrine of 'Pith and Substance relating to the distribution of legislative powers between the Centre and the States with the help of the landmark judicial decisions.10
(b) “The purpose of the office of the 'Lokpal, is not to adjudicate, but to provide regular machinery for investigating grievances against the administration in a discrete and informal manner.” Critically examine this statement by providing proper justification of the office of the 'Lokpal' in India. 10
(c) Audi alteram partem', rule is a very flexible, malleable and adaptable concept of natural justice to adjust the need for speed and obligation to act fairly.” Examine the statement with the help of decided case-law. 10
(d) the issue of Parliamentary-privileges has been a bone of contention lond conflict between the Parliament and the Judiciary.” Analyse this statement in the backdrop of decided cases. 10
(e) Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined under Article 21 of the Constitution of India.” Elucidate this statement in the light of the decision of Justice K.S. Puttaswamy (Retd.) v. Union of India. 10
Q.2
(a) Give an overview of the growth of the Tribunals in India with special reference to Administrative Tribunals established under the (Administrative Tribunal Act. 20
2. "Revival of the Panchayati Raj system in India is an aid to reduce the workload on the Judiciary.” Comment.
(b) "Power of the Parliament to amend the Constitution is wide, but not unlimited.” Do you agree with this statement ? Discuss whether the doctrine of basic structure has reinforced the power of judicial review under the Constitution. 15
(c) Examine the nature of the powers of the High Courts under Article 226 of the Constitution of India and distinguish it from the powers of the Supreme Court under Article 32. (15)
Q.3
(a) While conferring the power of delegated legislation on the administration, the enabling Act may specify the procedural safeguards to be followed in the exercise of the power. What are the consequences of non-compliance with the requirements as laid down in the Act ? Discuss with the help of decided cases. 20
(b) The Election Commission of India is an autonomous constitutional authority responsible for administering the election process in India." comment by explaining the powers and functions of the Election Commission of India.15
(c) "India that is Bharat. shall be a Union of States." Explain. Do you that the Indian Constitution is a Federal Constitution ? Discuss with the help of decided cases. 15
Q.4
(a) What do you mean by the term “Rule of Law'? The basic element of Dicey's doctrine of the rule of law is, be you ever so high, the law is above you'. Discuss with the help of decided cases.20Explain this statement and also distinguish the term „freedom of speech and expression and „speech and expression.‟ 20
(b) Discuss the Ordinance making power of the President. Can the validity of an Ordinance be challenged in the Court of Law ? Cite relevant case-law. 15
(c) Examine and explain the following statements :
· (i) Public Interest Litigation is a tool to promote politics of the Judiciary.
· (ii) Judicial Activism has both positive and negative impact on the Judiciary.
Section-"B"
Q.5 Answer the following questions in about 150 words each: 10×5=50
(a) "International Law is the vanishing point of Jurisprudence." Explain.
(b) What do you mean by State-Recognition ? What are the legal effects of recognition ? Differentiate between de-facto and de-jure recognition.
(c) What are the rules of International Law governing the lawful use of force by the States in the exercise of their inherent right of self-defence ?
(d) What is the difference between International Humanitarian Law and International Human Rights Law ?
(e) Discuss in brief, the various modes of peaceful settlement of international disputes. Do you think that these modes of settlement are effective or is any other mode required in the present scenario?
Q.6 (a) What are the various theories prevalent for deciding the relationship between International Law and Domestic Law ? How do the National Courts in India apply the International Law ?
(b) Briefly explain the following:
(i) Doctrine of Innocent Passage
(ii) Exclusive Economic Zone and the rights of other States thereto
(c) “The effectiveness of the International Criminal Court depends on the degree of co-operation provided by the States. This co-operation concerns not only the State-party to the International Criminal Court but also the non-party State.” Discuss.
Q.7(a) What do you understand by territorial jurisdiction of States ? Do you agree with the view that Right to Seek Asylum is firmly established under International Human Rights Law ? If so, substantiate your answer with reasons.
(b) Examine the extent and limits to which a treaty can confer rights and impose obligations on the third State which is not party to the treaty
(c) “United Nations is designated as the foremost forum to address the issues that transcend the national boundaries, which cannot be resolved by a country alone.” In the light of this statement, discuss the functions of the General Assembly. 15
Q.8 (a) Write critical notes on the following:
(i) International efforts towards protection and improvement of human environment
(ii) State-sponsored terrorism
(b) Discuss the main provisions of the Comprehensive Nuclear Test Ban Treaty (CTBT). Also explain the reasons why India has not signed this treaty.
(c) Explain the historical evolution, objectives and main principles of the General Agreement on Tariffs and Trade (GATT).
UPSC 2019 LAW Paper II
Time Allowed : 3.00 Hrs Maximum Marks : 250
Question Paper Specific Instructions
(Please read each of the following instructions carefully before attempting questions)
There are EIGHT questions divided in two Sections and printed both in HINDI and in ENGLISH.
Candidate has to attempt FIVE questions in all.
Question Nos. 1 and 5 are compulsory and out of the remaining, THREE are to be attempted choosing at least ONE question from each Section.
The number of marks carried by a question/part is indicated against it.
Answers must be written in the medium authorized in the Admission Certificate which must be stated clearly on the cover of this Question-cum over of this Question-cum-Answer (QCA) Booklet in the space provided. No marks will be given for answers written in a medium other than the authorized one.
Word limit in questions, wherever specified, should be adhered to.
Attempts of questions shall be counted in sequential order. Unless struck off, attempt of a question shall be counted even if attempted partly. Any page or portion of the page left blank in the Question-cum-Answer Booklet must be clearly str
SECTION – "A"
Q.1 Answer the following questions in about 150 words each: (10 x 5= 50)
(a) Even without mens rea there are certain acts, which are offences under the Indian Penal Code, 1860. Enumerate such offences.
(b) Right to private defence under the Indian Penal Code, 1860 is available only to an innocent person. It is not a right to retribution. Analyze.
(c) "Act done by me against my will, is not my act.” Examine in the light of legal provisions of the Indian Penal Code, 1860.
(d) "Pigeonhole theory' in the law of tort holds no justification now." Critically examine.
(e) “E-commerce has adversely affected the consumer protection in India.” Elucidate the statement.
Q.2
(a) "Any interference with a plaintiff's property may cause personal discomfort to the plaintiff in enjoyment of the property." Critically examine the statement with the help of decided cases. 15
(b) "Recent judicial decisions of the courts have changed the spirit of Section 498 A of the Indian Penal Code, 1860.” Explain the statement with the help of judicial pronouncements. 15
(c) "every culpable homicide and murder is necessarily a hurt, but every hurt is a culpable homicide and murder." Elucidate.
Q.3
(a) A attempts to steal some jewels by breaking open a box belonging to B and finds, thereafter so opening the box, that there is no jewel in it, but A simultaneously puts Rs.100 currency note in the box, which was already stolen by A from C. Decide as to what offence(s) is/are committed by A. 20
(b) The basic spirit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which was diluted by the judiciary in Kashinath Mahajan's case, has been restored by the legislature recently. Examine critically. 15
(c) "Ascertainment of causation is a problem, when the events causing damage to plaintiff are not simultaneous but successive." Elaborate it with the help of decided cases under the law of tort. 15
Q.4
(a) “A goldsmith putting earring to woman's ear does not require as much care as a surgeon performing surgery on the ear of woman.” Elaborate the law relating to degree of care required under the law of tort.
(b) Mere physical boundaries are not the essential requirement to constitute the tort of 'false imprisonment', but psychological boundaries too are enough ir this regard. Critically examine
(c) "Imputation of unchastity against a woman by spoken words is a wrong actionable without proof of special damage.” Examine under the law of tort.
Section-"B"
Q.5 Answer the following questions in about 150 words each: 10×5=50
(a) "The law of contracts is not the whole law of agreements, nor it is the whole law of/obligations, but it also deals with the rights and obligations of both." Elucidate.
(b) "The dissolution of partnership is the dissolution of a partnership firm, but the dissolution of a partnership firm is not the dissolution of partnership." Elucidate with the help of legal provisions and cases.
(c) “Public interest litigation is not the pill of all ills, it is the boon of the courts. However it is also the duty of the court to prevent its misuse." Elucidate.
(d) "Contract of agency is revocable like an ordinary contract, but sometimes it is impossible to repudiate it." Analyze with the help of decided cases and relevant provisions.
(e) "Pragmatic regime of right to information for citizens is the key to good governance in India, but it is not being implemented in its original spirit.” Examine it in the light of decision of the Supreme Court of India in Anjali Bhardwaj vs. Union of India, February 2019.
Q.6
(a) “Discharge of a contract includes breach of contract, but breach of a contract does not necessarily include discharge of contract." Examine the statement with suitable illustrations. 15
(b) “The National Green Tribunal, which was established for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources, has played a pivotal role in the recent past in this regard.” Examine the statement with reference to pronouncements given by the National Green Tribunal.
(c) Ascertainment of jurisdiction is a big challenge under the cyber law. Elaborate the relevant legal provisions of the Information Technology Act along with various tests applied by the Indian courts.
Q.7
(a) “The principle of unjust enrichment finds place indirectly under the law of contract." Explain its various dimensions. 15
(b) "Alternative dispute resolution mechanism as provided under the Legal Services Authorities Act, 1987 has played a pivotal role in dispensation of justice to the needy persons.” Explain with the help of legal provisions and case law. 15
(c) “Parties to the contract of sale may reduce or enhance the risk relating to passing of property." Elucidate its various dimensions under the law of sale of goods. 20
Q.8
(a) “In the present time, there is a conflict between the right to access to knowledge and the copyright law." Explain the statement in the light of doctrine of fair dealing under the copyright law. 15
(b) "Approximate justice with finality by the way of arbitration is against the basic principle of administration of justice in the courts." Examine the statement in the light of latest developments of alternative dispute resolution system in India. 15
(c) "The basic purpose of competition policy and the law is to preserve and promote competition as a means of ensuring efficient allocation of resources in an economy.” Elucidate the statement in the light of new economic scenario in India. 20
UPSC 2018 LAW Paper I
Time Allowed : 3.00 Hrs Maximum Marks : 250
Question Paper Specific Instructions
Please read each of the following instructions carefully before attempting questions.
There are EIGHT questions divided in two sections.
A candidate has to attempt FIVE questions in all.
Questions no 1 and 5 are compulsory and out of the remaining, THREE are to be attempted choosing at least ONE from each section.
The number of marks carried by a question /part is indicated against it.
Word limit in questions, wherever specified should be adhered to.
Attempts of questions shall be counted in chronological order. Unless struck off, attempt of a question shall be counted even if attempted partly. Any page or portion of the page left blank in the answer book must be clearly struck off.
SECTION – "A"
Q.1 Answer the following questions in about 150 words each: (10 x 5= 50)
(a) What do you understand by the terms „cooperative federalism‟ and „competitive federalism‟? Do you agree with the view that the Indian Constitution is based on the concept of „competitive federalism‟ and not on the concept of „cooperative federalism‟?
(b) Administrative powers/actions are not always in conflict with the „rule of law‟ principle. Discuss with illustration.
(c) Critically evaluate the changing dimensions of the concept of „State‟ under Article 12 of the Constitution of India.
(d) “Natural justice is not a made to order formula which has to be fitted to all situations with an iron-bound uniformity.” – Comment. Refer to case laws.
(e) “With the adoption of Parliamentary form of government, the vesting clause under Article 53(1) remains to a great extent meaningless, as real executive power lies in the Ministry.”Critically examine the above statement in the context of the status and position of the President of India under the Indian constitution. Also answer, if the President of India does not accept the advice of the Prime Minister, what consequences would follow.
Q.2
(a) Examine the concept of social justice as envisaged in the Constitution more particularly in Chapter IV of the Constitution. 20
(b) What are the constitutional safeguards available in a civil servant against dismissal, removal or reduction in rank of services? Are these rights also available to an employee of a public corporation Discuss with reference to statutory provisions and case law. 15
(c) What would be best way or method for the appointment of judges in High Court and the Supreme Court in India? Give your views and support your views with reasons. 15
Q.3
(a) What are the major challenges in the functioning of local bodies in India? Does it talk about success story or something else? 20
(b) Is the Governor‟s post dependent on the pleasure of the President? Discuss. What exactly constitutes the „discretion‟ of the Governor while exercising numerous powers? Explain with reference to statutory provisions and relevant case law. 15
(c) Discuss the constitutionality of delegated legislation. What are the limits of delegated legislation? Explain. 15
Q.4
(a) “The liberty of the press implicit in the freedom of speech stands on no higher footing than the freedom of speech and expression of a citizen, and no privilege is attached to the press as such distinct from the ordinary citizen.” Explain this statement and also distinguish the term „freedom of speech and expression and „speech and expression.‟ 20
(b) “Imposition of Emergency in a State under Article 356 has always been a matter of controversy.” In this backdrop, explain the consequences of proclamation of Emergency in a State. 15
(c) Under what circumstances, does a third party, apart from concerned parties, have locus standi to move writ petitions before the High Court or the Supreme Court in India? Also point out the limitations of such petitions. 15
Section-"B"
Q.5 Answer the following questions in about 150 words each: 10×5=50
(a) Explain the distinctions between traditional and modern definitions of international law. Critically examine the growing scope and importance of international law in the present context. 10
(b) “Where Extradition begins Asylum ends. “Critically examine the above statement with special reference to extraditable persons and extradition crimes. 10
(c) It is generally viewed that “Rights and Duties are correlative”. However, the International Human Rights Movement has developed, more as rights-oriented than duties oriented. Why has this happened? Explain with the help of various International Human Rights instruments. Can you think of a „Human Duty Movement‟ instead of a „Human Rights Movement‟? 10
(d) Define „International Treaty‟ and explain the growing importance of treaties in Modern International Law. Can a multilateral treaty be terminated? If so, on what grounds? Explain. |
(e) Do you agree with the statement that „the Globalization is a necessary evil”? Critically examine the implications of the reform process undertaken by the IMS and IBBD by way of structural adjustment, programmes and policies on developing countries, with special reference to India.
Q.6 (a) “Continental Shelf was regarded as the natural prolongation of the land mass of the coastal state.” Critically examine the Delimitation of the Continental Shelf with the help of relevant case law of the International Court of Justice (ICI). 20
(b) Define International Dispute. Explain the difference between peaceful settlement of disputes and compulsive settlement of disputes. Critcally examine the growing importance of ADR methods in International Dispute settlement. 15
(c) “Membership of the Security Council is not democratic mainly because of its power. In view of that, the U.N Security Council should be expanded and should given more membership to
other countries reflecting the demographic composition of the community of nations.” Explain.
Q.7
(a) Describe the mechanisms for structural anomalies of autosomes with diagrams. 20
(b) Describe the principles of radiocarbon dating. Mention its limitations. 15
(c) Narrate evolution of disease and major causes of ill health in human populations.
Q.8
(a) “International law is primarily concerned with Rights, Duties and Interests of States.” Critically examine the statement with
reference to the place of Individuals and Non-State entitles in International law. 20
(b) Do you agree with the statement that “Beginning with the Stockholm Declaration of 1972, there has been an increased reliance upon non-binding international instruments dealing with environment”? Why has this trend developed and have these instruments been more useful than treaties? Explain. 15
(c) It is generally viewed that “What the U.N. did in the 20th century for maintenance of peace and security, the W.T.O is going to play the same role on economic and trade relations in 21st century.” Discuss the above statement in view of the changing notion of political sovereignty to economic sovereignty of State. 15
UPSC 2018 LAW Paper II
Time Allowed : 3.00 Hrs Maximum Marks : 250
SECTION "A"
Q.1 Answer the following about 150 words each. Support your answer with legal previsions and judicial pronouncements. (10×5=50)
(a) “Whether the maxim „actus non facit reum nisi mens sit rea‟ in general and the Common Law doctrine of „mens rea‟ as an independent doctrine in particular are relevant in the interpretation of provisions of the Indian Penal Code?” Explain the above in the light of justice opinions and judicial pronouncements.
(b) Critically examine the development of the law relating to remoteness of damages. Which test do you prefer for deciding the question of remoteness of damages and why? Give reasons for your answer.
(c) In view of the consistent opinion rendered in Aruna Shanbaug case and also considering the socio-legal medical and constitutional significance of Euthanasia, do you consider that the view expressed by the Constitutional Bench of Supreme Court in Common Cause (Architecture Regd. Society) vs. Union of India (2018) is conclusive? Common critically.
(d) “The paramount task of the law of torts is to pay an important regulatory role in the adjustment of losses and eventuate allocation of their cost and that until the emergence of the welfare state, the law of torts provided the only source for alternating the plight of the injured.” In the light of the above statement, discuss the nature and scope of law of torts and substantiate your answer with leading case law. Also discuss the position in India.
(e) “Right of private defence to the extent of causing death of an assailant cannot be based on the surmises and speculation. The accused must be under a bonafide fear of death or grievous hurt would otherwise be the consequence of the assault, if he does not defend. To determine the existence of apprehension is always a question of fact.” Explain the above proposition in the light of existing legal
provisions and judicial decisions.
Q.2
(a) “Section 300 (4) of the Indian Penal Code will be applicable in cases where the knowledge of the offender as to the probability of death of a person approximates to practical certainty.” Illustrate the above statement. 20
(b) Explain the maxim „volenti non fit injuria‟. Is the knowledge of risk not the same thing as consent to suffer the risk? Support your answer with judicial pronouncement. 15
(c) A group of persons decided to act in concert with common intention to commit rape on victim (V). More than one person from the group, in furtherance of common intention, acted in concert in the commission of rape as per pre-arranged plan. One lady member of the group facilitated the commission of such rape by many persons of the group. The essence of liability in such situation being the existence of common intention. Decide the criminal liability of the following members of the group
1. Who were members of the plan but did not participate in the act
2. Who committed rape
3. The sole lady member who lend full facilities for the commission of rape.
Q.3
(a) Six people decided to carry out dacoity of a bank in a village. They went to the bank to commit it, but were intercepted by police. All of them ran away. While the police was chasing them, one of the dacoits (X) killed Mr.Y. who tried to obstruct his way. Decide liability for the murder committed by one of them in view of Sections 391 and 396 of the Indian Penal Code. 15
(b) “A master is liable for all acts of his servant done during the course of employment.” Explain it in general and from Indian perspective in particular. 15
(c) Corruption by public servants has become gigantic problem. Large scale corruption retards the nation-building activities and everyone has to suffer on their count. The efficiency of public servant would improve only when the public servant does his duty truthfully and honestly. Therefore, in such cases, it is difficult to accept any plea of leniency in sentence (State of MP Vs.Shambhu Dayal Nagar (2006) 8 SCC 693). Comment. 20
Q.4
(a) “Plea bargaining in India is the truncated one, as it is applicable to sentence only and not to the charge. Equally it is a court-monitored procedure, except that it provides a clause
related to compensation to the victim.” Critically analyse the retention of such provision in the Indian Criminal Justice dispensation. Also suggest reforms, if any you understand are necessary. 15
(b) “Rule of absolute liability has been expounded by the apex court in M.C.Mehta‟s vs Union of India.” How far is it a reform over the rule of strict liability? Comment. 15
(c) “For fixing criminal liability of a doctor under Section 304-A of the Indian Penal Code, it is necessary to prove that the act complained against the doctor must show such rashness or negligence of such higher degree as to indicate mental state which can be described as totally apathetic towards patient. Such gross negligence alone is punishable.” In the light of the latest judicial pronouncement, explain the above statement. 20
SECTION-"B"
Q.5 Answer the following in about 150 words each. Support your answer with relevant legal provisions and decided cases: 10×5=50
(a) If certain goods are displayed either in a show window or inside the shop and such goods bear price tags, discuss whether such display amounts to an offer to sell. Explain the distinction between offer and invitation to offer with the help of decided cases.
(b) In an action to avoid a contract on the ground of undue influence, the plaintiff has to prove two points. Explain those points and different kinds of relations leading to presumption of undue influence which vitiates free consent.
(c) Section 28 of the Indian Contract Act, 1872 makes agreements in restraint of legal proceedings void. Are there any exceptions to this rule? Discuss with the help of relevant provisions and decided cases.
(d) Public Interest Litigation (PIL) in India, of late has been used not only to represent the unrepresented and weak but also to advance the interest of others. Comment on the recent trends relating to the application, use and misuse of PIL in India.
(e) In spite of introduction and recognition of Technological Protection Measures (TPMSs), the digital copyright continues to be unsafe and unsecured. Explain the impact of the 2012 Amendments to the Copyright Act, 1957 on the protection of digital copyright in India.
Q.6
(a) “It is well settled that if and when there is frustration, the dissolution of the contract occurs automatically. It does not depend on the choice or election of either party. It depends on the effect of what has actually happened on the possibility of performing the contract.”Discuss the effects of frustration of contract. 20
(b) “If a person falsely represents that he is an agent of another, the principal may ratify the act even though the same was done without his authority.” Discuss, in the light of the above statement, the essentials of valid ratification and its effect. 15
(c) „Sustainable development‟ has been accepted as a balancing concept between ecology and development. Discuss the recognition and application of this principle under the laws relating to environmental protection in India. 15
Q.7
(a) If an officer with an intelligence of the Government receives a cheque for consideration on the basis of an agreement to pass on intelligence inputs, can such cheque be enforceable under Section 138 of the Negotiable Instruments Act, 1881? Discuss the scope of the legally enforceable liability of the drawer under Sections 138 and 139 of the Act. 20
(b) “E-governance represents a new form of governance which needs dynamic laws, keeping pace with the technological advancement.” Comment on the adequacy of the Information Technology Act, 2000 in ensuring effective E-governance in India. 15
(c) Even though Section 89 of the Code of Civil Procedure, 1908 provides for out of court settlement of civil disputes filed in a civil, the impact of such settlement through Alternative Dispute Resolution (ADR) appears to be poor. Analyse the reasons for failure to settle the disputes through ADR modes. 15
Q.8
(a) The courts have found it very difficult to come to the rescue of the weaker party to a standard form contract, and thus evolved
certain modes to protect such weaker party against the possibility of exploitation inherent in such contracts. Explain the modes of protection available to weaker party in a standard form contract. 20
(b) Trial by media appears to be an affront to the concept of free and fair trail in criminal cases, apart from being a kind of contempt of court in certain cases. Analysis the impact of trial by media on the administration of criminal justice in general and on the stakeholders in particular. 15
(c) “Mahatma Gandhi, the Father of Nation, observed that the meaning of real freedom is not to acquire authority by few but to acquire the capacity to question the abuse of such authority.”
Examine, in the light of the above statement, the obligations of the public authorities and explain whether they have discharged it effectively during the last about seven decades. 15
UPSC IAS Mains Law (Paper-I)
Marks: 250 Time Allowed: 3 Hours
SECTION – A
Q1. Answer the following in about 150 words each.
(a) Discuss the importance of Rights to life and personal liberty with reference to recent case laws.
(b) Is ‘Secularism’ an essential feature of the Constitution of India? Explain in the light of decided case laws.
(c) Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under the constitution with regard to Criminal matters.
(d) Explain the phenomenon of tribunalisation of justice in India.
(e) Breifly explain the grounds on which administrative actions can be subjected to judicial review.
Q2.
(a) What is the position of Governor in State? Examine the Pardoning Powers of the Governor under the Constitution. Is Pardoning power, subject to judicial review?
(b) In view of the importance of Panchayti Raj institution in local governance, do you think the idea of prescribing educational qualification to contest local body election is undemocratic and incoherent?
(c) Explain the significance of the rule of ‘AUDIALTERSMPSRTEM’ in administrative decision making and state the circumstances under which ‘post decisional hearing’ can effectively satisfy the mandate of natural justice.
Q3.
(a) Evaluate the constitutional provisions relating to administrative relation between the Union and the state with special emphasis on inter-governmental delegation of administrative power.
(b) Discuss the law relating to the powers of Parliament and State Legislatures to punish a person for breach of their privileges.
(c) Discuss the circumstances under which ‘Financial Emergency’ can be proclaimed by the President of India and effects thereof.
Q4.
(a) Examine the powers and role of Election Commission of India in conducting free and fair election.
(b) Do you think the current trends in judicial activism in India are inconsistent with the Principles of Separation of Powers, which is considered to be one of the basis features of the Constitution?
(c) Do you think the institution of Lokpal, as envisaged under the Lokpal and Lokayukta Act, 2013, is efficacious enough to curb corruption in India? State the inadequacies in the legislative framework, if any.
SECTION – B
Q5. Answer the following in about 150 words each.
(a) What are the theories relating to relationship between International Law and Municipal Law? Elaborate.
(b) What are the factors that govern the recognition of insurgency and belligerency?
(c) Does the International Court of Justice (ICJ) have the competence to determine its own jurisdiction? Discuss with case law.
(d) Define ‘hijacking’ and discuss the main provisions of the hague Convention,1970.
(e) Comment on the provisions relating to prohibition of use of force and exceptions thereto under the U.N. Charter,1945.
Q6.
(a) Define ‘high sens’. Discuss in brief the provisions of the convention on high seas. Is freedom of fishing on high sens recognized?
(b) The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) is playing an important role in maintaining the stability of the global economy. Comment.
(c) Enumerate the various methods of Peaceful Settlement of International disputes. Elaborate on judicial settlement.
Q7.
(a) What do you mean by Human Environment? Discuss the role of United Nations Organisation (UNO) in protecting and improving the human environment.
(b) Define ‘Nationality’. What are the modes of acquisition and loss nationality? What is the position of nationality of married woman?
(c) Discuss the provisions relating to amendment and modification of treaties under the Vienna Convention on Law of Treaties, 1969.
Q8.
(a) Explain the main provisions of the Treaty on the Prohibition of Nuclear Weapons, 2017.Do you think it can lead to complete elimination of nuclear weapons?
(b) Discuss the scope of right of asylum under International Law and explain ‘territorial’ and ‘extra-territorial’ asylum.
(c) Elucidate the fundamental principles of International Humanitarian Law as envisaged under International Conventions.
UPSC IAS Mains Law (Paper-II)
Marks: 250 Time Allowed: 3 Hours
SECTION – A
Q1. Answer the following in about 150 words each. Support your answer with legal provisions and judicial pronouncements:
(a) “Law recognizes that ‘mistake’ must be in good faith.” In this backdrop, explain the defence of ‘mistake’ contained under General Exceptions of the Penal Code.
(b) In all robbery, there is either theft or extortion. Explain.
(c) “Law of torts is said to be a development of the maxim ‘Ubi jus ibi remedium’.” Discuss the statement.
(d) Explain ‘necessity’ as a defence for the liability of tort and also mention the classes of necessity.
(e) “The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability.” Discuss.
Q2.
(a) “Section 34 is incorporated in the Indian Penal Code to deal with the cases where it is very difficult to distinguish precisely the part taken by each individual in criminal act.”
(b) Discuss the different forms to outrage the modesty of a woman which have been made punishable in the Indian Penal Code through the Criminal Law (Amendment) Act,2013.
(c) When, under the law of torts even using reasonable care, is a person liable for the tort of negligence? Discuss.
Q3.
(a) “There is a very thin but fine and subtle distinction between culpable homicide and murder. The difference lies merely in the different degrees of probability of death ensuing.” Discuss the statement and refer to decided cases.
(b) When is principal not liable for the torts committed by his servant? Discuss.
(c) Mention the defences of torts of defamation and also discuss whether exceptions given under the Indian Penal Code, 1860 for the offence of defamation may be claimed as additional grounds by the defendant.
Q4.
(a) “Consumer Protection Council also play a very important role in consumer protection.” Examine the statement and elaborate the objects, composition and functions of the Central, State and District Consumer Councils.
(b) “In order to constitute criminal attempt, the act caused must be proximate to the intended result.” Explain the observation with the help of decided case law.
(c) Explaining the concept of ‘no liability’, mention the Indian Acts in which this concept has been incorporated.
SECTION – B
Q5. Answer the following in about 150 words each. Support your answer with relevant legal provisions and decided cases:
(a) “Minority can only be claimed as a shield but not as a sword.” Explain the statement and mention the situations when a minor is liable under the law of contract.
(b) “Public policy is like an ‘unruly horse’ which cannot be controlled easily.”Explain the statement and mention the agreements which are against public policy.
(c) “Right to stoppage of goods in transit starts when right to lien ends”. Discuss.
(d) Discuss the various defences which can be pleaded by the defendant in an action for infringement of copyright under the Copyright Act, 1957.
(e) When does the infringement of trademark occur? Discuss the essentials of infringement of trademark. Write down the acts not constituting infringement of registered trademark.
Q6.
(a) Discuss the constitution, jurisdiction, powers and authority of National Green Tribunal. How far has it been successful in achieving its objectives? Explain with the help of recent cases
(b) “Revocation of proposal is death of the proposal.” Explain the statement and mention the manners of revocation.
(c) Explain ‘holder’ and ‘holder’ in due course’, and distinguish between the two. Also discuss their rights.
Q7.
(a) “Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot of common law doctrine of awarding damages.”Discuss the statement.
(b) “Public interest litigation has played a very crucial role in protection of environment in India.” Elucidate and illustrate with the help of decided cases.
(c) “Notwithstanding transparency of governance, certain information’s have been exempted from disclosure under the rights to information Act, 2005.” Discuss the relevant provisions and limitations on disclosure of information.
Q8.
(a) Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by the parties? Discuss.
(b) “An invention has to satisfy certain conditions in order to get a patent.”Examine critically the statement.
(c) How far is the Competition Act, 2002 an improvement over the monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to ‘abuse of dominant position? Discuss and explain the relevant statutory provisions.
UPSC Mains Law Paper-1
SECTION—A
1.(a) Explain the concept of Federalism'as incorporated in the Indian Constitution. 10 marks
(b) "The procedure adopted for amending the Constitution is unique; it is not rigid yet difficult." Elaborate. 10 marks
(c) The rule against bias strikes at such factors which may improperly influence in arriving at a decision. Comment. 10 marks
(d) What do you understand by the term "Eminent Domain'? Discuss its relevance in the present-day context. 10 marks
(e) Discuss thc relationship between "Fundamental Rights' and 'Directive Principles of State Policy in the light of the constitutional amendments and decided cases. 10 marks
2.(a) Discuss the legislative powers of the Union and States as provided in the Constitution on the basis of subjects and territory. 20 marks
(b) Discuss 'Residuary Powers' of the Parliament to legislate. 15 marks
(c) "The need for administrative rule making entails delegated legislation." Comment. 15 marks
3.(a) Briefly enumerate the executive powers of the President, especially when two or more States are involved in non-observance of an inter-State agreement. 15 marks
(b) While discussing the underlying principle of the 99th Amendment Act, 2014, comment on the present system of appointment of judges to the Higher Judiciary in the country. 20 marks
(c) Discuss the powers and functions of the Union Public Service Commission. Also explain how it has maintained its impartiality. 15 marks
4.(a) "The 'Rule of Law is based on the principle of legality and is opposed to exercise of arbitrary powers." Discuss. Explain whether failure to give reasons amounts to exercising power arbitrarily. 20 marks
(b) The role of 'Ombudsman' is to correct the administrative faults which are troubling the rights of a person in view of proliferation of trading entities. Discuss. 15 marks
(c) "The Policy and Guideline Theory' presupposes delivery of justice by quasi-judicial authority." Elaborate it. 15 marks
SECTION-B
5.(a) Discuss the nature and basis of International Law. 10 marks
(b) Discuss the status of individual in International Law especially with respect to Human Rights Treaties. 10 marks
(c) A treaty is void if it conflicts with an existing or new or emerging peremptory norin of International Law or jus cogens' at the time of its inclusion. Comment. 10 marks
(d) Discuss whether the trend of convention providing a special clause prohibiting all kinds of reservations or some or specific or special kind of reservation or prohibiting reservations totally will hinder the growth of International Law. 10 marks
(e) International Law cvidences the evidentiary theory of recognition. Discuss. 10 marks
6.(a) Discuss how International Law becomes part of the law of the land in India. In case of conflict between the International Law and Municipal Law, which one would be applied by the Municipal Courts of this country? Explain. 20 marks
(b) Can India invoke the India-UK Mutual Legal Assistance Agreement for extraditing an Indian national who has run away to UK in spite of an Indian Court order in respect of fraud and money laundering against him? Explain. 15 marks
(c) What are the essential differences between the International Humanitarian Law and International Human Rights Law? Explain. 15 marks
7.(a) Discuss the legal regime of right of innocent passage' through the territorial waters (including international straits) of a State. 20 marks
(b) Discuss the law of delimitation of the continental shelf of a State including the continental shelf common to two or more States. 20 marks
(c) Discuss the functions, powers and jurisdiction of the International Tribunal for the Law of the Sea (ITLOS) established under the UN Convention on the Law of the Sca, 1982. 10 marks
Law Paper-2
SECTION—A
1. Answer the following in about 150 words each. Support your answer with legal provisions and judicial pronouncements. 10x5=50 marks
(a) "In determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender." Examine this statement in the light of absence of mens rea in statutory offences. 10 marks
(b) "The Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity." Comment. 10 marks
(c) "No fault liability rule has undergone a drastic change in the recent past." Comment. 10 marks
(d) "Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause." Comment. 10 marks
(e) Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining. 10 marks
2.(a) "Section 124A of the IPC dealing with sedition is ultra-vires of the Constitution insofar as it seeks to punish merely bad feelings against the Government. It is an unreasonable restriction on freedom of speech and expression guaranteed under Article 19(1)(a) and is not saved under Article 19(2) of the Constitution by the expression "in the interest of public order"." Comment.20 marks
(b) "Culpable homicide is not murder, if it is committed without premeditation, in a sudden fight in the heat of passion." Critically examine the statement with leading case law. 15 marks
(c) "A man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution." Elucidate. 15 marks
3.(a) "Harm suffered voluntarily does not constitute a legal injury and is not actionable." Elaborate along with its limitations. 20 marks
(b) "Direct evidence of negligence, however, is not always necessary and the same may be inferred from the circumstances of the case." Elucidate with cases. 15 marks
(c) "It is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiff's existence if the statement might reasonably be understood by those who knew the plaintiff, to refer to him." Elucidate with case law. 15 marks
4.(a) "Provisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force." Critically examine the statement. 15 marks
(b) "The law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means." Explain. 15 marks
(c) "Every confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets." Explain with the help of case law. 20 marks
SECTION B
5. Answer tho following in about 150 words each. Support your answer with relevant legal provisions and decided cases. 10x5=50 marks
(a) "An offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It produces something which cannot be recalled or undone" — Anson. Explain. 10 marks
(b) "Every contract contains a 'core' or 'fundamental obligation' which must be performed. If one party fails to perform this fundamental obligation, he will be guilty of a breach of contract whether or not any exempting clause has been inserted which purports to protect him." Critically examine the statement with case law. 10 marks
(c) "In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in the firm, regard shall be had to the real relations between the parties, as shown by all relevant facts taken together." Comment. 10 marks
(d) A owed B ३ 1,000, but the debt is barred by the Limitation Act, 1963. Subsequently A signs a written promise to pay 1,000 on account of the previous debt. Decide the validity of this agreement. 10 marks
(e) "Every sole maker, drawer, payee or endorsee, or all of joint makers, drawers, payees, or endorsees, of a negotiable instrument may endorse and negotiate it." In the light of the above statement, distinguish between endorsement and negotiation and also explain different kinds of fendorsements'. 10 marks
6.(a) "The Right to Information Act, 2005 was enacted in order to promote transparency and accountability in the working of every public authority." How far has this goal been achieved by the Right to Information Act, 2005 in the last ten years ? Critically analyse your answer with the support of exceptions and case law. 15 marks
(b) “Though there is no law for media trial, however, in freedom of expression and speech under fundamental rights, media has the freedom to express its views based on evidence. This trial has no authority before the court of law." Critically examine the statement with case law. 15 marks
(c) “There can be a mistake of identity only when a person bearing a particular identity exists within the knowledge of the plaintiff, and the plaintiff intends to deal with him only. If the name assumed by the swindler is fictitious, there will be no mistake of identity." Examine the statement with leading case law. 20 marks
7.(a) Highlight the important amendments made in the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act, 2015. 15 marks
(b) “The revocation of agent's authority can be made by the principal subject to certain rules." Examine these rules in the light of protection to agent. 15 marks
(c) "The rights of unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law." Elucidate. 20 marks
8.(a) "The object of awarding damages for a breach of contract is to put the injured party in the same position, so far as money can do it, as if he had not been injured." In the light of the above statement, explain the various kinds of damages that the court can award. Also explain the rules relating to assessment of damages. 20 marks
(b) Explain the salient features and your views on the Information Technology Act, 2000 as amended in 2008 by the Information Technology (Amendment) Act, 2008. 15 marks
(c) "The object of Public Liability Insurance Act, 1991 is to provide relief to the victims of accidents in hazardous industries in addition to any other right to claim compensation." Explain with case law. 15 marks
UPSC Mains 2015: Law (Paper -1 & 2) Optional Question Paper
Paper 1
SECTION ‘A’
Q1: Answer the following (each answer should be in about 150 words):
a. What do you think is the form/nature of our Constitution — Federal, Unitary or Quasi-federal? The Members of the Drafting Committee call it federal, but many others would dispute this title. Critically examine the statement.10 marks
b. What is ‘Constitutionalism’? Explain the said concept both in its negative and positive aspects in the,context of India’s tryst with ‘Constitutionalism’ and ‘Constitutional Governance’. 10 marks
c. Article 13 makes the judiciary, and especially the Apex Court, as a guardian, protector and the interpreter of the Fundamental Rights. It confers a power as well as imposes an obligation on the Courts to declare law void if it is inconsistent with a Fundamental Right. Discuss.10 marks
d. Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as expounded by it. 10
e. Examine the doctrine of separation of powers. Also mention the relevance of this doctrine in India. 10
Q2: Answer following Questions (20 + 15 + 15 marks)
a. The concept of ‘Reasonable Opportunity’ being a constitutional limitation on the doctrine of ‘Tenure Pleasure’, Parliament or State Legislature can make a law defining the content of ‘Reasonable Opportunity’ and prescribing procedure for affording the said opportunity to the accused government servant. Explain the concept with reference to leading cases.20.
b. Explain and elucidate the meaning of the ‘Right to personal liberty’ as interpreted by the Supreme Court in Papanasam Labour Union v. Madura Coat Ltd. AIR 1995 S.C. 2200. Analyse critically the guidelines prescribed by the Hon’ble Supreme Court in this respect.15 Marks
c. Define the term ‘public servant’. Also discuss the recruitment procedure of public servants in India. 15
Q3: Answer following Questions (20 + 15 + 15 marks)
a. Examine and elucidate the constitutional scope of the Ordinance making power of the President and the Governors in India.20
b. A backward class cannot be identified only and exclusively with reference to economic criterion. A backward class may, however, be identified on the basis of occupation-cum-income without any reference to caste. There is no constitutional bar in the State categorising the backward classes as `backward’ and ‘more backward’. Do you agree with the statement? Give reasons.15 Marks
c. What is ‘Public Interest Litigation’? What are the major facets of this form of litigation? Also discuss the limitations of this type of litigation.15 Marks
Q4: Answer following Questions (20 + 15 + 15 marks)
a. Define and distinguish between ‘Constituent power’, ‘Amending power’ and ‘Legislative power’. Give illustrations.20
b. Do you agree with the statement that “all human rights are fundamental rights protected and recognised by the Constitution of India”. Discuss with reference to statutory provisions and case laws.15 Marks
c. Enumerate the fundamental duties as provided in the Constitution of India. Also discuss the rationale behind the incorporation of fundamental duties in the Constitution of India later on.15 Marks
SECTION ‘B’
Q5. Answer the following (each answer should be in about 150 words) :
a. It is impossible to fix a precise date or period in history to mark the beginning of International Law as it predates recorded history. Critically examine the history, nature, scope and relevance of International Law in Contemporary International Society.10 marks
b. International Law sets little or no limitation on the jurisdiction which a particular State may arrogate to itself. Explain the nature and scope of ‘State Jurisdiction’. Critically examine the principles of ‘State Jurisdiction’.10 marks
c. Recognition confers the legal status of a State under International Law upon the entity seeking recognition. Important legal effects are being derived from recognition. Critically examine the statement 10
d. International Treaties are agreement of contractual character between States or organisation of States creating legal rights and obligations between the parties. Examine the statement critically and explain the growing importance of Treaties in Modern International Law.10 marks
e. What do you understand by the concept ‘Diplomatic Immunity’. What rules are provided under International Law in this respect. Discuss.10 marks
Q6: Answer following Questions (20 + 15 + 15 marks)
a. Explain the concept of `International Humanitarian Law’. How can it be achieved.? Critically examine the role of ‘The Hague’ and ‘The Geneva Convention’ in the development of Modern International Humanitarian Law.20
b. `In several respects the TRIPS Agreement goes beyond the traditional GATT approach and further develops the law of International Trade’. Examine the important achievement of the Agreements on Trade Related Aspects of Intellectual Property Rights. (TRIPS).15 Marks
c. What ‘Fishery zone’? How it is different from ‘Exclusive Economic Zone’? Do you agree with the statement that ‘a coastal state has a special interest in the maintenance of the productivity of the living resources in any area of the high seas adjacent to its territorial sea’. Elucidate.15 Marks
Q7: Answer following Questions (20 + 15 + 15 marks)
a. What are the objectives, structure and functioning of World Trade Organisation? Does signing and ratifying WTO undermine the Parliamentary Autonomy of India? Discuss.20
b. Trace the development of International Law relating to sovereignty over air-space. Critically examine the scope of legal control of use and abuse of outer space.15 Marks
c. Define intervention and mention the grounds under which it is justified. Also throw light on the violations this principle of International Law.15 Marks
Q8: Answer following Questions (20 + 15 + 15 marks)
a. “Asylum stops as it were when extradition begins”. Comment. Also explain the various principles of extradition with reference to leading cases.20
b. Define the concept of ‘opposability’ in the context of relationship between International Law and Municipal Law. Also discuss the relevance of this concept in modern times with special reference to India.15 Marks
c. What is the importance and meaning of ‘Base Line’ under UN convention on Law of Sea 1982? How is it determined?15 Marks
Paper 2
Section A
Q1. Answer the following in about 150 words each. Support your answers with legal provisions and judicial pronouncements: 10×5=50
a. What is meant by right of private defence? What are the general principles which form the basis of right of private defence?10
b. Discuss various stages of crime. How is the stage of attempt punishable under the Indian Penal Code?10
c. “The maxim is `volenti non fit injuria’ and not `scienti non fit injuria’.” Explain. 10
d. “A tort is a specie of civil wrong.” Examine this definition and add other features to make it comprehensive.10
e. “Prevention of Corruption Act, 1988 is an important legislation to safeguard democracy in India.” Discuss.10
Q2: Answer following Questions (20 + 15 + 15 marks)
a. What are the constituent elements of crime? Elaborately discuss mens rea with relevant case law.20
b. `A’ assaulted his wife by kicking her repeatedly on non-vital parts of her body. She fell down and became unconscious. In order to create an appearance that she had committed suicide he took up the unconscious body and thinking it to be a dead body hung it up by a rope. The post mortem examination showed that death was due to hanging. With the help of decided cases determine the culpability of A.20
c. “The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.” Explain and illustrate.10
Q3: Answer following Questions (20 + 15 + 15 marks)
a. “Criminal breach of trust and cheating are two distinct offences generally involving dishonest intention but mutually exclusive and different in basic concept.” Explain with the help of decided cases.20
b. “Distinction between death caused by rash or negligent act under section 304-A and culpable homicide not amounting to murder under section 304 of the Indian Penal Code is fine, but if overlooked, can result in grave injustice.” Discuss.20
c. “The age of a child must be considered in deciding whether it has been guilty of contributory negligence.” Discuss and refer to case law.10
Q4: Answer following Questions (20 + 15 + 15 marks)
a. “Although the decision of the Supreme Court in Kasturi Lal v. State of U.P. has not been overruled as such, yet for all practical purposes its force has been considerably reduced.” Elucidate.20
b. W, wife of A was diagnosed to be suffering from toxic Epidermal Necrolysis. Doctor D was consulted who prescribed a long acting Cortico steroid `Depomedrol injection at a dose of 80 mg twice daily. Despite administration of this medicine her condition deteriorated rapidly and she died within a week. On expert opinion, it was found that the line of treatment followed by D is not supported by any school of medical thought and is in sheer ignorance of basic hazard relating to use of steroids. A files a complaint in Consumer Forum claiming Rupees 75 lakhs as damages for death of his wife W. D objects to the jurisdiction of the Consumer Forum and also pleads lack of negligence on his part. Decide.20
c. “It is not necessary that in all cases of tort of defamation there must be a loss of reputation of the plaintiff.” Explain and illustrate.10
Section B
Q5. Answer the following (answer to each part must not exceed 150 words). Support your answer with relevant legal provisions and decided cases :10×5=50
a. If a contract is broken, the law will endeavour so far as money can do it, to place the injured party in the same position as if the contract had been performed. Explain the above statement and discuss the principle court follows for assessment of damages.10
b. “The procedure and qualifications for appointment of chairperson and members of Cyber Appellate Tribunal have been introduced to keep up the standards of Justice.” Comment.10
c. Arbitration, as an alternate method of adjudication is acceptable to parties largely irrespective of the fact that access to court by the parties has been curbed drastically under the Arbitration and Conciliation Act, 1996. Explain.10
d. The actual concept of partnership from ‘people sharing the profit’ to ‘mutual responsibility’ was the outcome of the decision in Cox V Hickman case. Elaborate.10
e. “The liability of sub-agent towards principal is not direct, except in case of fraud and wilful wrong.” Explain giving reasons.10
Q6: Answer following Questions (20 + 15 + 15 marks)
a. X and Co. in its prospectus represented that A, B and C would be the directors of the company. This was true and on the basis of this P and Q applied for shares. However, before the allotment took place, there were changes in directors. Is the allotment of P and Q subject to their choice or it stands cancelled due to change in directors? Discuss.10
b. Stands as a surety for the good conduct of B, who is employed in a Bank on a monthly salary of Rs. 1,600. Three months after when the financial position of the bank deteriorated B. agreed to accept a monthly salary of Rs. 1,500. Two months after, it is discovered that B has been misappropriating cash all through. What is the liability of A as surety under the Indian Law?20
c. Judiciary in India is impartial, hence can not be influenced by internal or external factors. In the light of this discuss how far media transgresses its limit and attempts to influence the judicial process.20
Q7: Answer following Questions (20 + 15 + 15 marks)
a. “Copyright is the right of the artist, author, producer of a film who have created a work by use of their artistic skills.” Examine infringement of copyright particularly relating to video piracy and the remedies available under the law.20
b. The doctrine of “Public Trust” as propounded by Supreme Court has worked as an instrument for protection of Environment in India. Discuss.15
c. Explain the scope of rule of “Caveat Emptor” in the expanding law of consumer protection.15
Q8: Answer following Questions (20 + 15 + 15 marks)
a. “Right not to compete” is a right meant for promoting business through small groups called firms. Explain.20
b. “By and large Lok-Adalats have failed in achieving the objects for which they were created.” Comment. And also suggest some measures to make this institution more effective.10
c. Cyber-terrorism is a well organised transborder criminal act, hence a combined domestic law supported by a Global law may help to address the problem. Discuss.20
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