Law Optional Paper 1 UPSC 2024

SECTION A

Answer the following questions in about 150 words each:                                              10x5=50

Q1.(a) Examine the appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to criminal matters.(10m)

(b) The Parliament or any State Legislature should keep within the domain assigned to it and not encroach upon the other's subject. Critically examine.(10m)

(c) "Every person who is a member of civil service of the Union holds office during the pleasure of the President." Is there any exception to this rule? Describe.

(d) The Indian Constitution permits delegation but imposes specific restrictions to ensure alignment with the Parent Act and protect legislative intent. Examine with illustrations. (10m)

(e) "A law is void only to the extent of inconsistency or contravention with the relevant Fundamental Right." Explain with the help of decided cases.(10m)

Q2. (a) The concept of Public Interest Litigation is an exception to the rule of 'locus standi'. Elaborate in the light of its evolution, aims and objects in India with the help of leading cases. Also discuss its drawbacks. (20m)

(b) "Constitutionalism is the concept of limited government under a Fundamental Law." In the light of this, differentiate between distinctive features of Constitution and Constitutionalism. (15m)

(c ) Discuss the relationship between the President and the Council of Ministers under the parliamentary form of government in India. Explain with the help of relevant constitutional provisions. (15m)

Q3. "Article 194, which is an exact reproduction of Article 105, deals with the State Legislatures and their members and committees." On this background, comment that both the Articles are complementary to each other and should be read together. (20m)

(b) Who are 'minorities'? The Constitution of India protects the rights and interests of minorities to the extent that the rights conferred to them to establish and administer educational institutions of their choice are not absolute and are subject to reasonable restrictions. Discuss with the help of decided case laws. (20m)

(c )Discuss the procedure of amending the Constitution. Are there any restrictions also in this regard? Support your answer with the help of relevant Supreme Court judgments. (15m)

Q4 (a) In recent years, the concept of 'Cooperative Federalism' has played a pivotal role in constitutional governance of the nation but at the same time it comes across various challenges as well. Elaborate. (20m)

(b) "The Fundamental Rights are not an end in themselves but are the means to an end. The end is specified in the Directive Principles." Analyze the statement. (15m)

(c ) "The ordinance making power of the President and the Governors is a unique feature of the Indian Constitution but it balances on a razor-sharp edge between pragmatic governance and potential over-reach." Critically examine with the help of decided case laws. (15m)

  SECTION B

Answer the following questions in about 150 words each:                                              10x5=50

Q5. (a) Define International Law. Enumerate its weaknesses and give suggestions for improvement. (10m)

(b) What is State recognition? Draw a distinction between recognition de jure and de facto. (10m)

(c) Examine the importance of nationality and discuss the modes of acquisition of nationality. (10m)

(d) Distinguish between the concept of territorial sea and inland water. Comment on the breadth of territorial sea that is internationally accepted. (10m)

(e ) Examine the importance of 'the Economic and Social Council' as a principal organ of the United Nations. (10m)

Q6. (a) Peaceful settlement of international disputes has been developed on the principles of International Law concerning friendly relations and cooperations among States. Explain. (20m)

(b) The present world 'Economic Order' is supposed to be granted by the operation of free market forces propelled by free competition and enterprises, based on free movement of goods and services including technology. Elucidate. (15m)

(c ) International Law and Municipal Law are two branches of unified knowledge of law, which are applicable to human community in someway or the other. Elaborate with the help of prevalent theories. (20m)

Q7. (a) Following ‘World War II' destruction, the World Bank and the International Monetary Fund emerged as two historic institutions to promote economic recovery and to build a global monetary system to ensure economic stability around the world. Discuss at length. (20m)

(b) Discuss the law on extradition. The procedure for granting asylum and approving extradition requests differ significantly. Explain. (15m)

(c ) What is intervention? Discuss the intervention on humanitarian grounds and the intervention due to self-defence. (15m)

Q8. (a) Describe the constitution of United Nations Security Council's 'Counter- Terrorism Committee'. To what extent has this Committee been effective in countering terrorism across international borders? Critically analyze. (20m)

(b) What do you understand by nuclear disarmament? Do you agree with the opinion that Comprehensive Nuclear-Test-Ban Treaty (CTBT) has been successful in achieving its objects? Critically examine. (15m)

(c ) What is statelessness? A stateless person is often subjected to a number of human rights violation. What are the impediments that people face due to statelessness? Elaborate the human rights issues that are connected to statelessness. (15m)

Law Optional UPSC 2023 : Paper – II

                               SECTION ‘A’

10x5=50

Answer the following in about 150 words each. Support your answers with relevant legal provisions and judicial pronouncements.

Q1. (a) The underlying principle of mens-rea is expressed in the familiar Latin maxim - 'actus non-facit reum nisi mens sit rea,' - 'the act does not make a man guilty unless the mind is also guilty.' Explain with decided cases. (10m)

(b) 'The principle that every conspirator is liable for all the acts of co-conspirators if they are towards attaining the goals of the conspiracy even if some of them have not actively participated in the commission of that offence/s. In the light of above statement, explain the principle of criminal conspiracy as per Indian Penal Code 1860. (10m)

(c) 'It is the degree of negligence which really determines whether a particular action will amount to rash and negligent act as required to hold a person guilty of homicide under Section 304-A of Indian Penal Code, 1860.' Discuss. (10m)

(d) 'The determination of vicarious liability of the state is linked with the negligence made by all its functionaries and no immunity can be claimed.' In the light of above observation discuss; vicarious liability of state with reference to its sovereign functions. (10m)

(e) "The introduction of 'product liability' under the Consumer Protection Act, 2019 marked an end of the ‘buyer beware' doctrine and the introduction of 'seller beware' as the new doctrine." Discuss. (10m)

Q2.(a) "Justification for introduction of 'plea-bargaining' in India was that it will reduce delay in case of undertrial prisoners in a cheaper and quicker method." Do you appreciate its existence in the same form or not? Justify your answer. (20m)

(b) 'Intoxication impairs perception and judgement both so one fails to foresee the result of his conduct.' In this backdrop, examine the law relating to the defence of intoxication and refer to the leading cases. (15m)

(c) How far do you agree that prevention of corruption Act 1988 is an important legal instrument in curbing corruption in the society. Discuss. What are the types of offences recognised under this law and what are punishments? (15m)

Q3. (a) "It is the mode of acquiring possession of property of other party with/without his consent, which determines the type of offence against property and thus distinguishes theft, misappropriation and Criminal breach of trust." Discuss. (20m)

(b) "A person is liable for Public nuisance, when he does an act or illegal omission which causes any common injury, danger or annoyance to the public ..." Discuss Nuisance in the light of above statement along with its types. (15m)

(c) Explain 'false imprisonment' as per law of Torts and distinguish it from 'malicious prosecution.' (15m)

Q4. (a) 'If an enterprise is permitted to carry on any hazardous or inherently dangerous activity for its profits, the cost of any accident arising on account of such activity must be an appropriate term of overheads.' Comment. (M. C. Mehta v. U.O.I.) (20m)

(b) 'Kidnapping is a substantive offence while abduction is not an offence exclusively. It becomes offence, when committed with a criminal intent.' Explain.(15m)

(c ) 'The offence of abetment depends upon the intention of the abettor not upon the act committed by the abetted person.' Explain.(15m)

SECTION ‘B’

Answer the following in about 150 words each. Support your answers with relevant legal provisions and judicial pronouncements. 10x5=50

Q5.(a) A"'Quasi-Contract' arises out of judicial principles and not out of contractual agreement between two parties." Explain. (10m)

(b) Every partner of a Limited Liability Partnership (LLP) for the purposes of its business is its agent but not that of other partners. Analyse the extent of liability of LLP and its partners.(10m)

(c) 'The rights of an unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law.' Explain. (10m)

(d) Mutual rights and duties of the Principal and agent may be wholly provided for in their contract. Discuss the general duties of the agent with special reference to the duty of reasonable care and skill. (10m)

(e) What is the commercial significance of the Geographical Indications of Goods? Explain the benefits that accrue to the registered proprietors and authorised users by registration of Geographical Indications of Goods. (10m)

Q6.(a) Discuss the rules which are taken into account by the courts while awarding damages for the breach of contract. Refer to the relevant statutory provisions and case law. (15m)

(b) 'An illegal contract is always void but a void contract is not always illegal.' Examine while illustrating both the types of contract.

(c ) 'The liability of a surety is secondary, but it is co-extensive with that of Principal debtor.' In this backdrop, discuss the nature and extent of liability of surety. (20m)

Q7.(a) "The principle of arbitral autonomy is an integral element of the ever evolving domain of arbitration law .... The basis of arbitral autonomy is to give effect to the true intention of the parties to distance themselves from the 'risk of domestic judicial parochialism.'" Comment with reference to the theory and practice. (20m)

(b) 'Sections 124 and 125 of the Indian Contract Act, 1872 are not exhaustive of the law of indemnity.' Comment in the context of Indemnity and Indemnity-holder's rights.(15m)

(c) Mistake does not defeat consent, but only misleads the parties.' Explain citing the relevant legal provisions and cases decided by the courts. (15m)

Q8. (a) "There is, in recent years, a feeling which is not without any foundation that 'public interest litigation' is now tending to become 'publicity interest litigation' or 'private interest litigation', and has a tendency to be counter-productive." Examine the statement critically. (20m)

(b) Discuss the relevance of the ‘safe harbour' clause under the Information Technology Act 2000. Comment on the need to make the intermediaries liable for transmitting the posts and communications of third parties. (15m)

(c ) An information shall ordinarily be provided in the form in which it is sought. Are there any exceptions to this rule? Explain with suitable illustrations. (15m)