Law Optional PAPER 1 | UPSC 2022

Q1 : Answer the following questions in about 150 words each :

(a) 'Absolute equality may itself be a cause of inequality.' In the light of this statement, discuss substantive equality. (10m)

(b) "To preserve basic freedoms and dignity of individuals, a Constitution should be permeated with Constitutionalism.' Discuss. (10m)

(c) Explain the legal position in case of repugnancy between Union and State laws with the help of decided case laws. Which law shall prevail in case of repugnancy? (10m)

(d) What are the tests laid down by the Supreme Court in a recent decision for quantifying and providing quota for Other Backward Classes in local body elections ? (10m)

(e) Elucidate Wednesbury's Principles of Unreasonableness'. Do these principles provide in any way, scope for 'merits review' of administrative decisions? (10m)

Q2.

(a) "Amending power does not extend to damaging or destroying the basic structure or framework of our Constitution." Discuss. (20m) LXMV.

(b) Discuss the application of fundamental rights to parliamentary privilege cases. (15m)

(c) Do you think that all the Directive Principles of State Policy' are equally fundamental for the governance of the country? Describe with the help of decided case laws. (15m)

Q3.

(a) Can the constitutional head of the State be truly described as the nerve-centre of the federal system? Explain in the light of powers and duties of the Governor. (20m)

(b) What are the grounds to declare a delegated legislation as substantive ultravires ? Refer case laws. (15m)

(c) Briefly discuss the impact of Proclamation of Emergency under Article 352 of the Constitution. (15m)

Q4.

(a) In the Parliamentary system, though there is no separation between the legislature and the executive in terms of personnel, there is separation of functions between the two. Explain in the light of relevant judicial decisions. (20m)

(b) Are administrative tribunals competent to examine the constitutional validity of primary legislations? Discuss in the light of case law. (15m)

(c) Explain the significance of 'Audi Alteram Partem'. What are the cases or circumstances in which the aforesaid principle of natural justice can be excluded? (15m)

Q5 : Answer the following questions in about 150 words each :

(a) Keeping in view the growth of International Law in the contemporary era, do you think the classical definition of International Law has become redundant ? (10m)

(b) Distinguish between 'De-facto' and 'De-jure' Recognition. (10m)

(c)What are Territorial Asylum and Extraterritorial Asylum? Explain. (10m)

(d) What are the various Rights of States over 'territorial-waters'? (10m)

(e) Distinguish between Arbitration and Judicial settlement as methods of peaceful settlement of disputes in International Law. (10m)

Q6.

(a) Critically examine various theories relating to the relationship between International Law and Municipal Law. (20m) LXMV.

(b) Elaborate various theories of State succession. (15m)

(c) Discuss various modes of acquisition and loss of Nationality. (15m)

Q7.

(a) Describe the various powers and functions of the General Assembly. (20m)

(b) Explain the maxim "Pacta Tertiis Nec Nocent Nec Prosunt" with relevant case laws. (15m)

(c)Does the Right to Self-Defence under International Law include Right to take Pre-emptive Action ? (15m) LXMV.

Q8.

(a)When is an aircraft considered to be in flight' for the purposes of the Convention for the Suppression of Unlawful Seizure of Aircraft ? Delineate the obligations the said convention imposes on the State parties. (20m)

(b) What is the most favoured means of decision-making at World Organisation? Under what circumstances can decisions be taken by Majority votes? Which decisions require super majority votes? Is there a need to reform the decision-making process? Discuss. (15m)

(c) Explain the core principles of International Humanitarian Law (IHL) (15m)

Law Optional PAPER 2 | UPSC 2022

Q1 : Answer the following questions in about 150 words each :

(a) "The existence of mens rea along with commission of actus reus makes the act an offence." Explain. (10m)

(b) What are the remedies available under the Law of Tort other than damages? Discuss by citing suitable illustrations. (10m)

(c) Analyze the effectiveness of Sections 326-A and 326-B of the Indian Penal Code, 1860. What additional suggestions have been made by the Supreme Court of India in Laxmi vs. Union of India Case in 2015? (10m)

(d) How far has Section 7-A of the Protection of Civil Rights Act, 1955 been effective to control untouchability in India? (10m)

(e) The Right of Private Defence is based on the cardinal principle that it is the primary duty of man to help himself, but this right is not absolute. (10m)

Q2.

(a) The ‘State Liability ' under the Law of Tort has undergone metamorphosis. Explain with the help of case laws. (20m).

(b) “The provisions of Section 149 of the IPC ,1860 relate to the question of offence While Section 34 is a question of evidence. " Give reasons for the statement. (15m)

(c) How is the rule of absolute 'liability' different from 'strict liability'? Cite the Relevant judgements. (15m)

Q3.

(a)What do you understand by an unlawful 'assembly'? Discuss the circumstances when a lawful assembly becomes unlawful .Support your answer with suitable illustrations. (20m)

(b)"The Right 'of Reputation' is acknowledged as an inherent personal right of every person. "Discuss the statement in the light of Law of Defamation in India. (15m)

(c) " The consent of victim negates the offence of rape. " How far will it be true in case it is obtained by the offender on the false promise of marriage. (15m)

Q4.

(a) Summarize the law relating to 'attempt to suicide' in India. How far the Mental Healthcare Act, 2017 added new dimensions to the law of attempt to suicide in India? (20m)

(b) Outline the legal framework for the protection of online consumers provided under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020. (15m)

(c) "Tortious liability arises from breach of duty primarily fixed by the law. This duty is towards persons generally and its breach is redressible by an action for unliquidated damages." Comment. (15m)

Q5 : Answer the following questions in about 150 words each :

(a) “All the contracts are agreements , but all the agreements are not contracts." Elucidate. (10m)

(b) Discuss the quasi criminal-nature of Section 138 of the Negotiable Instruments Act, 1881. (10m)

(c) Discuss the implications of the High-Level Committee (known as T. S.R. Subramanian Committee) Report, 2014 for review of environment related-laws in India. (10m)

(d) Elaborate the conditions and warranties provided under the Sale of Goods Act, 1930. (10m)

(e) " The quotation from a work which has already been lawfully made available to the public does not constitute infringement of copyright." Comment. (10m)

Q6.

(a) “The liability of a surety is coextensive with principal debtor, unless it is otherwise provided by the contract ." Elucidate the statement by narrating the circumstances under which a surety is discharged from his liability. (20m)

(b)What do you mean by ‘abuse of dominance 'and abusive 'conduct 'prohibited under the Competition Act, 2002? (15m)

(c) Dwell on the concept of emergency arbitration in providing expeditious relief in India. (15m)

Q7. (a) State the circumstances of supervening impossibility and frustration of contract in the light of the decided cases. (20m)

(b) “The Information Technology Act, 2000 aimed at e-commerce development, but failed to satisfy growth-building traders and consumer confidence." Comment. (15m)

(c) "An agreement without consideration is void." Is there any exception to it? Discuss by giving suitable illustrations. (15m)

Q8.

(a) What are the essentials of an agency? How is an agency created and terminated under the Indian Contract Act, 1872? (20m)

(b) "Time is an essence of the contract." What are the remedies available to the aggrieved party in case of non-fulfilment of obligation within the stipulated time? (15m)

(c) Discuss the ambit and scope of Section 3 (d) of the Patent Act,1970 in the context of the Novartis Case. (15m)