Law Optional PAPER 1 | UPSC 2000
1. Answer any three of the following (each answer should be in 200 words):
(a) “The Indian Constitution is essentially federal in character, though it tends to be unitary at times.” Comment.
(b) What are the discretionary powers of the Governors of States? Why is there no provision in the Constitution for impeachment of a Governor? Explain.
(c) Explain the provisions relating to protection and improvement of environment in our Constitution with special reference to the role of judiciary in this regard.
(d) “The question today is not whether there should be delegated legislation, but subject to what safeguards it should be resorted to.” Critically examine the statement.
2. (a) “The Supreme Court in Maneka Gandhi’s case has revolutionised the law relating to ‘personal-liberty’ under Article 21 of the Constitution.” Explain with illustration,
(b) Examine critically the relationship between the Fundamental Rights and the Directive Principles of State Policy in the light of decided cases and the constitutional amendments.
3. (a) Assuming that the Parliament, under Article 368 of the Constitution, passes the following constitutional amendments:
(i) Religion is a matter of personal faith. Its propagation in any form is strictly prohibited.
(ii) Article 16(4) of the Constitution empowering the state to make reservation in services under the state in favour of backward class of citizens is completely deleted. Discuss whether these amendments are likely to be held valid.
(b) “Article 311(2) lays down that a civil servant cannot be dismissed or removed or reduced in rank unless he has been given a reasonable opportunity to show cause against the action proposed to be taken against him.” Critically examine the statement with reference to the Constitution (Forty-Second Amendment) Act, 1976.
4. (a) The Transport Commissioner is the Director, ex-officio of the Karnataka State Road Transport Corporation (KSRTC) which is responsible .for the operation and management of the transport undertakings of the Corporation. The Transport Commissioner is simultaneously Chairman of the KSRTC Authority which has power to grant/refuse stage carriage permits. In this case, private bus operators had applied for renewal of their stage carriage permits in respect of various routes. At the same time, KSRTC also applied for fresh stage carriage permits in respect of the same routes. Examine with reference to the relevant provisions of the Administrative Law, whether the Commission can be restrained from exercising his power. Give reasons for your answer.
(b) The Civil Surgeon had issued an advertisement for a training course in midwifery at the District Hospital. The advertisement had a clause “Married women candidates must enclose along with their application their husband’s written permission for pursuing the course.” The wife got the letter of consent from her husband and joined the course. The husband, however, had second thoughts and wrote to her and the authority saying she should return immediately as her not being there would disturb the family life and hence she would not be permitted to join. Thereafter the authority asked her to produce another letter of “no objection” from the husband. Examine with reference to the relevant provisions of the Constitution the validity of the order of the authority.
5. Answer any three of the following (each answer should be in 200 words):
(a) “International Law is a ‘weak-law.’” Do you agree with this statement? Give reasons.
(b) Is the provision of the I.C.J. pertaining to the appointment of’National Judges’ belonging to the nationality of parties to a dispute, proper in the interest of justice? How are judgements of the courts enforced? Explain.
(c) “Every person is subject to the territorial jurisdiction of a state.” Critically examine the statement.
(d) “The power of veto has paralysed the Security Council.” Do you agree with this view? Give reasons.
6. (a) Give a brief account of attempts made in the international field for limitation of armaments. What, according to you, hinders the proposals to prohibit the production, possession and use of automatic weapons?
(b) Discuss the recognised procedure, with special reference to the Hague Convention, for peaceful settlement of international disputes. How can the arbitral award be enforced against a state refusing to submit to it?
7. (a) State ‘A’ and ‘B’ are at war with each other. Examine the effect of the war on the following treaties: (i) An extradition treaty between the States ‘A’ and ‘B’ (ii) The Convention of Traffic in Narcotic Drugs 1926, to which States ‘A’ and ‘B’ are the parties, (iii) The Geneva Prisoners of War Convention, to which States ‘A’ and ‘B’ are the parties.
(b) A revolution takes place in State’ X’.’ Y’ seizes power in an unconstitutional manner by installing himself as the Head of State ‘X’. What principles will govern the question of recognition of Y’ as the Head of States ‘X’ on the part of other states? What consequences will ensure if recognition is accorded or refused?
(c) A foreign bank has given a loan to the Government of State ‘A’ for the improvement of roads in ‘X’, a province of State ‘A’. ‘X’ is subsequently ceded to State ‘B’. The Government of State ‘B’ refuses to accept any responsibility of the loan. Is State ‘B’ entitled to do so? Discuss.
8. Write explanatory notes on the following :
(a) Sanctions of International Humanitarian Law.
(b) The theory of consent as the binding force of international law.
(c) Prevention and punishment of crimes against diplomatic envoys.
Law Optional PAPER 2 | UPSC 2000
1. Answer any three of the following (answer to each question must not exceed 200 words):
(a) A, a pickpocket, puts his hand in the pocket of B, a person, who was reclining in the park. Incidentally, the person had a piston in his pocket and as the pickpocket put his hand in the pocket, it touched the trigger and the pistol went off killing the person. Is a guilty of culpable homicide? Explain when culpable homicide does not amount to murder with the help of illustrations and decided cases.
(b) X, a girl of 14, is ill-treated by her father and step mother. ‘A’, the neighbour under the belief that X was 18; takes her away from her parent’s house on her request but without the consent of the parents. Is he guilty of any offence? If yes, analyse the nature of the offence and cite relevant cases.
(c) A promises to B, his student, and induced her to cohabit with him. He has given her a false assurance of marriage and also fraudulently gone through certain ceremonies of marriage making B to believe that she was a lawfully wedded wife of A. Later A refused to recognise her as his wife. What is the offence committed by A? Explain its ingredients.
(d) There was a leakage of oleum gas from one of the units of Mr. X’s Textile Industry, situated in the city of Mumbai, on 4th and 5th October, 1995. It resulted in the death of an advocate practising in a court and all the ill effects of the same to various other persons. Mr. Y, a public spirited individual filed a writ petition, under Art. 32 of the Constitution, before the Supreme Court of India claiming compensation. Decide the liability of the occupier.
2. (a) “Intention and the act both must concur to constitute a crime.” Explain.
(b) Explain the occupier’s liability in respect of structures.
3. (a) Explain the law relating to contributory negligence of children,
(b) Distinguish between:
(i) Malicious prosecution and False imprisonment
(ii) Maintenance and Champerty
4. (a) What are the changes that were brought to the Untouchability Act of 1955?
(b) Critically examine viability of the Dowry Prohibition Act.
Section - B
5. Answer any three of the following (each answer should not exceed 200 words):
(a) A minor is liable to pay out of his property for necessaries supplied to him. Discuss with the help of decided cases.
(b) “Public policy was a very unruly horse and when once you get astride it you never know where it will carry you.”(Burrough, J.) Examine relevancy of this statement under the Indian Law.
(c) A transport company refuses to deliver certain goods to the consignee except upon the payment of illegal charge of carriage. The consignee pays the sum charged in order to obtain the goods. Discuss the rights of the consignee as against the transport company.
(d) (i) Explain how far the rule of Caveat Emptor has undergone changes especially after passing the Consumer Protection Act.
(ii) Examine the principle of’ time is the essence of contract.’
6. (a) What are the exceptions to the principle that the contractual benefits or obligations are confined to the parties to the contract?
(b) (i) What is meant by material alternation of a negotiable instrument? What is the legal effect of such material alternation?
(ii) A dismissed his servant B from service and for his wages gave him a draft in the following words “Mr. X will much oblige Mr. A by paying to Mr. B or order Rs. 200 on his account - A”. Is this draft a bill of exchange?
7. (a) Explain the circumstances under which a partnership firm is said to be reconstituted,
(b) X, one Ayurvedic doctor prescribed the medicine of Allopathy which caused the death of a patient. What is his liability? Explain the liability of the doctors under the Consumer Protection Act.
8. (a) (i) What is forgery? What are the effect of forged indorsement on a negotiable instrument?
(ii) What is passing of the property where the goods are unascertainable?
(b) Critically examine the utility of the Monopolies and Restrictive Trade Practices Act, 1969 in the days of liberalisation, globalisation and privatisation.