Law Optional PAPER 1 | UPSC 2011
1. Answer the following (each answer should be in about 150 words):— 15×4=60
(a) Constituent power to frame the constitution and the constituent power to amend the constitution have different connotation and scope. Explain.
(b) “The Judiciary by usurping the powers of the other two organs of the Government in certain matter has diluted the theory of separation of powers.” Do you agree? Examine critically?
(c) Do local bodies enjoy autonomy in performing their role in the field of economic development and social justice? Explain.
(d) The Governor of a State holds office during the ‘pleasure’ of the President of India. Can he be removed by the President any time without any reason? Examine in the context of the position of the Governor under the Indian Constitution.
2.(a) ‘Equality is a dynamic concept with many aspects and dimensions, and it cannot be cribbed, cabined or confined within traditional and doctrinaire limits.’ Explain, how the judiciary has widened the scope of the right to equality by various decision.
(b) Right to life has been extended to a clean human environment by the Courts in India. Discuss the development of law in this regard.
3. (a) The decision of the Supreme Court of India in ADM, Jabalpur v.S. Shukla, according to Dr. Upendra Baxi, “made the darkness of emergency completely dark”. Do you think that the Constitution (44th Amendment) Act 1978 removed this darkness and provided for better protection of the Fundamental Rights? Explain.
(b) Examine whether the Election Commission of India has succeeded in performing the two responsibilities entrusted to it under Art. 324 of the Constitution of India? What steps would you suggest to ensure the preparation of correct electoral rolls?
4. Write critical notes on the following:—
(a) Doctrine of Prospective Overruling.
(b) Duties of the Prime Minister regarding furnishing of information to the President.
5. Answer the following (each answer should be in about 150 words): 15×4=60
(a) One extreme view is that International Law is a system without sanctions. However, it is not quite true that there are no forcible means of compelling a state to comply with International Law.
Comment and state various sanctions for the observance of International Law.
(b) ‘The Universal Declaration of Human Rights is comprehensive and has to some extent affected the content of national laws, being expressly invoked by tribunals, yet it is not a legal instrument and some of its provisions could hardly be said to represent legal rules. Some of its provision either constitute general principles of law or represent element considerations of humanity. Perhaps its greatest significance is that it provides an authoritative guide, produced by the General Assembly, to the interpretation of the provisions in the Charter.’
Comment and discuss the importance of the Universal Declaration of Human Rights.
(c) The Stockholm Conference of 1972 on the human environment served to identify those areas in which rules of International environment law, acceptable to international community as a whole can be laid down, and as well as those areas in which the formation of environmental rules must encounter insurmountable obstacles. Discuss the principles of international environment law proclaimed in the Stockholm Declaration.
(d) What is international terrorism? Discuss various actions taken by the United Nations to eliminate the causes underlying international terrorism.
6. (a) “The distinction between ‘dejure/defacto recognition’ and ‘recognition as the dejure and defacto government’ is insubstantial, more especially as the question is one of intention and the legal consequences thereof in the particular case. If there is a distinction it does not seem to matter legally.” Comment and discuss the distinction between the two.
(b) “Vessels on the high seas are subject to no authority except that of the State whose flag they fly. In virtue of the freedom to the sea, that is to say, the absence of any territorial sovereignty upon the high seas, no State may exercise any kind of jurisdiction over foreign vessels upon them.” Give a critical appraisal of this principle in the light of the case law and views of the International Law Commission.
7. (a) “The principle of State being obliged to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” is generally bashed aside by the tendencies of the nation-states of being reticence to submit disputes to independent, impartial adjudication, particularly not accepting in advance the compulsory jurisdiction of an independent judicial body.” Explain the statement with reference at least to one such conflict existing in the world and also prepare a module for promoting negotiations among nations, using new opportunities created by globalisation.
(b) “Extradition as a rule is effected by bipartite treaty. There is, therefore, no duty to extradite in the absence of a treaty. Further, the extradition treaties normally relate only to serious crimes and impose the same obligation on both the parties concerned.” Give your opinion on the correctness of this statement with reference to the existing position under the International Law. Also critically examine this practice in the light of ever increasing individual movements for trade and service to suggest necessary modifications in law.
8. (a) The four Geneva Conventions of 1949 for the protection of war victims cover the wounded and sick and land warfare; the wounded, sic and ship-wrecked in warfare at sea; prisoners of war; and civilians. Discuss these protections.
(b) ‘The United Nations is capable of legal development in accordance with the needs and circumstances. The Uniting for Peace Resolution, 1950 is its example.’ Discuss the validity of this resolution.
Law Optional PAPER 2 | UPSC 2011
1. Answer the following. (answer to each part must not exceed 150 words). Support your answer with legal provisions and case law.
(a) “The Indian Penal Code gives protection to one who does an act in good faith for the benefit of another.” Discuss.
(b) “The Indian Penal Code extends protection to acts done by misfortune under certain circumstances.” Discuss.
(c) “Tort is concerned with the allocation on prevention of losses which are bound to occur in society.” Discuss.
(d) “Before a person can recover for loss which he suffered from another person’s act, it must be shown that his case falls within the class of actionable wrongs.” Discuss.
2. (a) “Merely doing certain acts that would bring the Government established by law into hatred or contempt is not the decisive ingredient of Sedition.” Discuss. Also state the view of Law Commission of India about reforms of this provision.
(b) ‘A’ with the intention of bringing “Hashish”, a prohibited drug in India, stealthily brought in his bag a cover believing that it contains “hashish” while coming from Bangladesh to India. While trying to sell the same to ‘B’ a dispute regarding its price arose. B grudgingly informed the police who opened the bag. It was found that it was a harmless snuff power and not hashish. Discuss the liability of A.
3.(a) “It would be wrong to perceive nudity and sex as essentially obscene, indecent or immoral. Sex and obscenity are not always synonymous.” In the light of the above statement elaborate the position of obscenity as an offence in India.
(b) An army Jawan X who was away from his home for the last two years, requested his senior Y for leave, which Y refused. Annoyed at this, X fired two shots at Y, one shot hitting Y beneath the knee of the right leg as a result of which he fell down. X fired another shot which hit Y at the upper left arm. Y died after then days. Discuss the liability of X.
4. (a) “The defendant must not only owe the plaintiff a duty of a care, he must be in breach of it.” In the light of the above statement examine as to how would the court find out as to whether there is a breach of a duty on the part of the defendant or not. Refer to case law.
(b) “With the enactment and implementation of the Consumer Protection Act, 1986, a new consumer jurisprudence has developed in India.” Elaborate.
5. Answer the following. (Answer the each part must not exceed 150 words). Support your answer with legal provisions and decided cases:— 15×4=60
(a) “Standard from contracts exist in complete disregard to the established principles of freedom of contract and equality of bargaining power of the parties.” Elucidate.
(b) “There can be no contract of guarantee unless there is someone primarily liable.” Comment.
(c) “The great element of negotiability is the acquisition of property by your own conduct, not by another’s, that if you take it bonafide and for value nobody can deprive you of it.” Explain.
(d) “Lok-Adalatas in India manifest the purpose and objective laid down in Alternate Dispute Resolution Schemes.” Discuss.
6. (a) “Ratification is a kind of affirmation of unauthorized acts.” Critically examine. Is there any different between ‘agency by estoppel’ and ‘agency by ratification’? Discuss.
(b) A Central Government Medical Research Institute in collaboration with an MNC used a drug on experimental basis on humans for curing cancer. Some of the patients died due to this drug. In order to sue for compensation for such victims and violation of right to privacy, Mr. X, a relative of a deceased patient sought information through the instrumentality of Right to Information Act. The information was refused on the ground that it affects the contracting power of the Central Government with foreign companies and violates trade secrets too. Decide.
7.(a) “Competition Law needs to have necessary provisions and teeth to examine and adjudicate upon anti-competitive practices.” Examine and evaluate this statement in the context of the Competition Act, 2012.
(b) “The rise of Environmental Crimes in spite of Environmental Legislations is due to absence of adequate punitive methods of sentencing.” Discuss.
8. (a) “Passing of property and delivery of goods are two different concepts.” Explain with the help of provisions of The Sale of Goods Act and case law.
(b) What is securing of digital signature under the Information Technology Act, 2000? State the duty of distance of the Certifying Authority.