UPSC Law Optional syllabus
UPSC Law Optional · 500 marks
Paper I 250 marks · 3 hours
● Constitutional and Administrative Law ›
● International Law ›
8 questions → answer 5 · Q1 and Q5 compulsory
Paper II 250 marks · 3 hours
● Law of Crimes ›
● Law of Torts ›
● Law of Contracts and Mercantile Law ›
● Contemporary Legal Developments ›
8 questions → answer 5 · Q1 and Q5 compulsory
Paper I, topic by topic
The official topics. Tap a topic marked ＋ to see what to cover.
PAPER I · SECTION A
Constitutional and Administrative Law
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1. Constitution and Constitutionalism: The distinctive features of the Constitution.
WHAT TO COVER
Constitution - Meaning.
Constitutionalism - Meaning, Definition, Nature, Case Laws, Positive and Negative Aspects.
Distinctive Features of Indian Constitution : Secularism, Rule of law are most important ones. Federal features and union feature important, co-operative and competitive federalism and rule of law.
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2. Fundamental rights – Public interest litigation; Legal Aid; Legal services authority.
WHAT TO COVER
Fundamental Rights. (Focus should be on Article 19 & 21 & Recent Developments). Reading too much on this topic will not serve any purpose. Limit yourself on Important areas. Art 19 concentrate on freedom of press and expression, censorship etc
PIL - Meaning, Nature, significance, 3 Stages & Recent observations on (Use & Misuse of PIL), PIl in environmental issue
Legal Aid - Related Provisions under Constitution, Important Case laws.
Legal Service Authority 1987 - Salient Features, Working, Criticism.
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3. Relationship between fundamental rights, directive principles and fundamental duties.
WHAT TO COVER
Conflict or Harmony between FR & DPSP
Fundamental Duties - Origin and present relevance & its enforceability.
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4. Constitutional position of the President and relation with the Council of Ministers.
WHAT TO COVER
Status and Position of President under Indian Constitution (Titular head? or Mere Constitutional Head?)
Advice of Council Ministers/Prime Minister - Consequences ensuing?
Pardoning and Ordinance making power
Election of President (2002 UPSC)
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5. Governor and his powers.
WHAT TO COVER
Discretionary Powers of Governor
Governor post vis-a-vis "Pleasure of President"
Appointment and dismissal of Chief Minister by Governor.
Pardoning and Ordinance Making Power (& its misuse)
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6. Supreme Court and High Courts: (a) Appointments and transfer. (b) Powers, functions and jurisdiction.
WHAT TO COVER
All Kinds of Jurisdiction of Supreme Court is Important. [Original, Advisory, Appellate, Criminal, Special Leave (Art.136), Curative)]
Article 32 Vs Article 226 & 227
Appointment of SC & HC Judges [Collegium - Good or Bad?]
Transfer of High Court Judges [Principles - Can it be done as punishment?]
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7. Centre, States and local bodies: (a) Distribution of legislative powers between the Union and the States. (b) Local bodies. (c) Administrative relationship among Union, State and Local Bodies. (d) Eminent domain – State property – common property – community property.
WHAT TO COVER
Principles of Interpretation of 3 Lists : Broad & Liberal Interpretation, Harmonious Construction, Pith and Substance, Colourable Legislation, Repugnancy, Residuary Powers, Non-obstante clause.
Local Bodies - Successfully functioned or failed in India | Challenges | Educational Requirement?
Administrative relationship among Union and State and Local Bodies [Read the relevant provisions]
Eminent Domain - Meaning, Evolution, Present Relevance, Limitations, Importance.
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8. Legislative powers, privileges and immunities.
WHAT TO COVER
Parliamentary Privileges- essential incident to the high and multifarious functions. Why?
Legislative power to punish for contempt of privileges
Parliamentary Privileges & Fundamental Rights | Clash or Conflict.
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9. Services under the Union and the States: (a) Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals. (b) Union Public Service Commission and State Public Service Commissions – Power and functions (c) Election Commission – Power and functions.
WHAT TO COVER
Constitutional Safeguards against dismissal, removal or reduction of Civil Servants including
Concept of "reasonable opportunity " to show cause. Application of Doctrine of "Pleasure"
Origin of Tribunals in India. Focus on WHY - created or abolished. Its effect on High Court.
Legalistic overview of ECI including powers & function & how independent is it?
Refer to its Power to conduct elections.
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10. Emergency provisions.
WHAT TO COVER
Why Emergency Provisions?
National, State & Financial Emergency & its consequences.
Judicial Review of Emergency Proclamation.
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11. Amendment of the Constitution.
WHAT TO COVER
Parliament power to amend constitution - not unlimited. Judicial Review.
Nature of Amending power of Indian Constitution
Doctrine of basic structure.
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12. Principles of natural justice – Emerging trends and judicial approach.
WHAT TO COVER
Nature of Principle of Natural Justice - Flexibility, Elastic, Modern Aspect.
Bias
Opportunity of Being Heard
Reasoned Decisions.
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13. Delegated legislation and its constitutionality.
WHAT TO COVER
Constitutionality of Delegated Legislation
Modes of Judicial Control of Delegated Legislation
How Parent Law safeguards for Delegated Legislation.
Doctrine of Excess Delegation
Essential legislative power cannot be delegated
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14. Separation of powers and constitutional governance.
WHAT TO COVER
Doctrine of Separation of Powers
Judicial Activism & Separation of Powers.
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15. Judicial review of administrative action.
WHAT TO COVER
Administrative Powers and Rule of Law
Judicial Review of Administrative Actions.
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16. Ombudsman: Lokayukta, Lokpal etc.
WHAT TO COVER
Lokpal and Lokayuktas Act, 2013 - Working or Non-Working
Scope of Lokpal
Ombudsman - Origin, Meaning, and relevance in India.
PAPER I · SECTION B
International Law
＋
1. Nature and definition of international law.
WHAT TO COVER
International Law - Nature | Positive Morality? Vanishing point of Jurisprudence? Weak Law?
History, Definition, Meaning of International Law.
Sources of International Law | Treaties, Customs, General Principles, Judicial Sources
Enforcement of International Law including Sanctions.
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2. Relationship between international law and municipal law.
WHAT TO COVER
5 Theories between international law and municipal law.
Enforcement of International law in Municipal law & vice-versa.
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3. State recognition and state succession.
WHAT TO COVER
Meaning & Definition of State Succession.
Recognition of State and Government. Duty to Recognize a state? Facultative, Declarative Recognition.
Defacto and Dejure Recognition, Express and Implied Recognition, Non-recognition.
Legal Effects of State Recognition
State Succession - Meaning and Definition
Theories of State Succession - Continuity Principle.
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4. Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, high seas.
WHAT TO COVER
Territorial Sea | Concept of Base line?
Contiguous Zone
Continental Shelf - Delimitation | North Sea Continental shelf case.
Exclusive Economic Zone & Rights of State.
High Seas ; Freedom of fishing | Fishery Zone | Nuclear Tests? | Piracy?
International Tribunal for the Law of the Sea (ITLOS)
Landlocked states and their rights
Coastal States and their rights.
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5. Individuals: Nationality, statelessness; Human rights and procedures available for their enforcement.
WHAT TO COVER
Definition of Nationality, Modes of Acquisition and Loss.
Differentiate : Nationality, Double-Nationality, Statelessness, Refugee.
Concept of Statelessness and Refugee.
Human Rights : Role of UN, UDHR and other treaties & Enforcement.
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6. Territorial jurisdiction of States, extradition and asylum.
WHAT TO COVER
Relationship between Extradition and Asylum. Kinds of Asylum.
State Jurisdictions & its exemptions.
Diplomatic Asylum - Complete procedure.
Principles of Extradition & theories.
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7. Treaties: Formation, application, termination and reservation.
WHAT TO COVER
Definition of Treaty & Steps of Conclusion of Treaty.
Amendment, Modification, Reservation, Ratification of Treaty.
Pacta Sunt Servanda, Jus Cogens
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8. United Nations: Its principal organs, powers, functions and reform.
WHAT TO COVER
United Nations General Assembly
United Nations Security Council
International Court of Justice
Other primary organs of UN.
9. Peaceful settlement of disputes – different modes.
10. Lawful recourse to force: aggression, self-defence, intervention.
11. Fundamental principles of international humanitarian law – International conventions and contemporary developments.
12. Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear – non proliferation treaty, CTBT.
13. International terrorism, state sponsored terrorism, hijacking, international criminal court.
14. New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank.
15. Protection and improvement of the human environment: International efforts.
Paper II, topic by topic
Prepare the Law of Crimes with both the Indian Penal Code and the Bharatiya Nyaya Sanhita, which replaced it from 1 July 2024. Tap a topic marked ＋ to see what to cover.
PAPER II · SECTION A
Law of Crimes
1. General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offences.
2. Kinds of punishment and emerging trends as to abolition of capital punishment.
3. Preparation and criminal attempt.
4. General exceptions.
5. Joint and constructive liability.
6. Abetment.
7. Criminal conspiracy.
8. Offences against the State.
9. Offences against public tranquility.
10. Offences against human body.
11. Offences against property.
12. Offences against women.
13. Defamation.
14. Prevention of Corruption Act, 1988.
15. Protection of Civil Rights Act 1955 and subsequent legislative developments.
16. Plea bargaining.
PAPER II · SECTION A
Law of Torts
＋
1. Nature and definition of tort.
WHAT TO COVER
What is a Tort?
Difference between Tort and Torts
Pigeonhole Theory by Salmond
Winfield’s Theory on Tort
Evolution of Law of Tort
Nature and Significance of Tort
Tort as a Civil Wrong
Ingredients of Tort
Tort and other related Concepts
Tort and Breach of Trust
Law of Tort and Law of Crimes: The Liability Conundrum
Law of Tort and Law of Contract: The Question of Liability.
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2. Liability based upon fault and strict liability; absolute liability.
WHAT TO COVER
Liability
Strict Liability
Absolute Liability
Vicarious Liability
Important Case Laws
Rylands v. Fletcher
Bhopal Gas Leak Case
M C Mehta v Union of India.
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3. Vicarious liability including state liability.
WHAT TO COVER
Concept of Vicarious Liability
Master Servant Relationship
Acts which are to be counted as tort and Acts outside Employment
Limpus v. General Omnibus Co
State Liability
Article 300 of the Constitution of India
Case Laws on State liability
Nilabati Behera v. State of Orrisa
Bhim Singh Case
Rudal Shah Case
Distinction between Sovereign and non-sovereign functions.
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4. General defences.
WHAT TO COVER
Volenti non fit injuria
Concept of Volenti non fit injuria
Difference between volenti non fit injuria and scienti non fit injuria
Important Case Laws
Smith v. Baker
Hall v. Brooklands Auto Racing Club
Haynes v. Harwood
Necessity.
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5. Joint tortfeasors.
WHAT TO COVER
Doctrine of Causation
Chain of Causation
Liability of Joint Tortfeasor.
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6. Remedies.
WHAT TO COVER
Damages
Liquidated Damages
Quantum of Damages
Liquidated Damages.
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7. Negligence.
WHAT TO COVER
Test of reasonableness
Duty of reasonable care
Degree of reasonableness
Breach of Legal Duty
Contributory Negligence
Volenti non fit injuria
Res Ispa Loquitor
Evidence of Negligence.
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8. Defamation.
WHAT TO COVER
Concept of Defamation
Civil Defamation
Criminal Defamation
Difference between Civil and Criminal Defamation
Essentials of Defamation
Publication
Intention
Innuendo
Defences for tort of defamation
Fair Comment
Defence of Privilege.
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9. Nuisance.
WHAT TO COVER
Concept of Nuisance
Public Nuisance
Private Nuisance
Difference between Public and Private Nuisance
Nuisance and Negligence
Remedy for Public Nuisance.
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10. Conspiracy.
WHAT TO COVER
Concept of Conspiracy
How Conspiracy in Tort is Different from Criminal Conspiracy?
Types of Conspiracy under Tort
Elements of Tortious Conspiracy.
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11. False imprisonment.
WHAT TO COVER
Concept of False Imprisonment
Scope of False Imprisonment
Difference between Malicious Prosecution and False Imprisonment.
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12. Malicious prosecution.
WHAT TO COVER
Concept of Malicious Prosecution
Ingredients of Malicious Prosecution
Malice Intention
Grounds of Damages
Difference between Malicious Prosecution and False Imprisonment.
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13. The consumer protection act 2019.
WHAT TO COVER
It came as a successor of 1986 act, The important aspect of the act would include mainly-
Difference between 1986 and 2019 act
What are new additional provisions which are added in new act.
PAPER II · SECTION B
Law of Contracts and Mercantile Law
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1. Nature and formation of contracts.
WHAT TO COVER
Nature of Contract with elements + difference between agreement and contract and about e - contracts - enforceability- privity of contract
Offer- must know about types of offer along with termination of offer - Specific Offer, general offer, invitation to offer , quotation etc
Acceptance - rules of acceptance - communication when complete
Consideration- definition - rules - when not adequate - privity of consideration.
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2. Factors vitiating free consent.
WHAT TO COVER
All the factors and their relationship and difference between each other viz, how undue influence is subtle specious of fraud etc.
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3. Void, voidable, illegal, and unenforceable agreements.
WHAT TO COVER
All types of void agreements are important - esp : agreement in restraint of trade and against public policy.
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4. Performance and discharge of contracts.
WHAT TO COVER
Contractual Obligation, Exception to Contractual Obligation, Rescission, Doctrine of Supervening impossibility, Frustration of the Contract.
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5. Quasi-contract.
WHAT TO COVER
Basics , Unjust enrichment, chapter V of Indian Contract Act.
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6. Consequences of breach of contract.
WHAT TO COVER
Breach of contract , discharge of contract -its effect and obligation, assessment and kinds of damages - Hadley v Baxendale.
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7. Contract of indemnity, guarantee and insurance.
WHAT TO COVER
Liability , role and discharge of surety , indemnity and wagering contracts - Carlil v Carbolic Smokeball Co.
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8. Contract of agency.
WHAT TO COVER
Agent, sub- agency, duties of agent , agent- principal relationship , creation, ratification, estoppel by agency, termination of agency etc.
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9. Sale of goods and hire purchase.
WHAT TO COVER
Essentials of sale agreement , transfer of ownership , unpaid seller , condition and warranty - concept and breach, Hire purchase vs sale agreement - essential of hire purchase , Caveat emptor and its exceptions.
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10. Formation and dissolution of partnership.
WHAT TO COVER
Essentials of partnership - Cox v Hickman, Mutual agency concept , Partner by holding out and estoppel , minor as partner , dissolution of partnership etc.
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11. Negotiable instruments act.
WHAT TO COVER
Types of negotiable instruments - their definition and features , bearer and order instrument , material alteration, types of endorsement, negotiation vs endorsement , holder, holder in due course - their difference, dishonor of check - latest amendments.
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12. Arbitration and conciliation act.
WHAT TO COVER
Salient features of the act, advantages of ADR , Court's intervention in arbitration, effect of arbitral award, whether ADR achieved its purpose, International Commercial Arbitration definition etc.
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13. Standard form contract.
WHAT TO COVER
Concept , protection for weaker party etc.
PAPER II · SECTION B
Contemporary Legal Developments
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1. Public Interest Litigation.
WHAT TO COVER
Most important topic questions asked in both paper 1 and 2 on this topic. Concept and origin of PIL - Husainara Khatoon v Bihar - Ist PIL - when PIL can be filled - Misuse of PIL - guidelines to curb it and PIL - environment + recent PILs ( like covid during 2019,2020 ) Role of judges in PIL.
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2. Intellectual property rights – Concept, types/prospects.
WHAT TO COVER
Indian Patent Act - Patent definition - effect of granting patent - patentable and non patentable inventions, compulsory licensing . Indian Copyright Act ( VERY IMPORTANT ) - Salient features of the Act , Copyright definition- essence of copyright - where it exist - whether in idea or expression - protection of moral and economic rights , infringement of copyright, its defence and remedy, relation with competition act , Latest amendments - digital copyright - Indian Trademark Act - Trademark definition - infringement and passing off .
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3. Information Technology Law including Cyber Laws – Concept, purpose/prospects.
WHAT TO COVER
IT acts sufficiency for e- governance, jurisdiction issues - its salient features - latest amendments if any , procedure for appointment of chairperson and members etc , cyber- terrorism - digital signature and its legal recognition - cyber crime concept and deficiency of IT laws + way forward .
4. Competition Law – Concept, purpose/prospects.
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5. Alternate Dispute Resolution – Concept, types/prospects.
WHAT TO COVER
Concept - advantages and disadvantages of ADR
6. Major statutes concerning environmental law.
7. Right to Information Act.
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8. Trial by media.
WHAT TO COVER
Concept - how trial by media impacted judicial decisions - positive and negative aspects - contempt of court on media for media trial.
Cover the syllabus with free material
Each topic above connects to notes, past questions, current affairs and lectures.
Questions about the syllabus
＋
How many papers does Law Optional have?
Two. Paper I and Paper II carry 250 marks each, and each paper is three hours long.
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What does Paper I cover?
Constitutional and Administrative Law in Section A, and International Law in Section B.
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What does Paper II cover?
The Law of Crimes and the Law of Torts in Section A, and the Law of Contracts and Mercantile Law and Contemporary Legal Developments in Section B.
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How long does it take to cover the syllabus?
Usually three to six months, depending on your pace and whether you have studied law before.
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Can a non-law graduate choose Law Optional?
Yes. Any graduate can choose Law as the optional subject in the UPSC Mains.
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What is the UPSC Law Optional syllabus for Paper 1 and Paper 2?
Paper 1 has Constitutional and Administrative Law (16 topics) in Section A and International Law (15 topics) in Section B. Paper 2 has the Law of Crimes (16 topics) and the Law of Torts (13 topics) in Section A, and the Law of Contracts and Mercantile Law (13 topics) and Contemporary Legal Developments (8 topics) in Section B. Each paper carries 250 marks.
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How many topics does the syllabus have in total?
81 across the six subjects: 31 in Paper 1 and 50 in Paper 2.
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Which topics come under Contemporary Legal Developments?
Eight: Public Interest Litigation, intellectual property rights, information technology law including cyber laws, competition law, alternate dispute resolution, major environmental statutes, the Right to Information Act, and trial by media.
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Do I study the IPC or the Bharatiya Nyaya Sanhita for the Law of Crimes?
Both. The Bharatiya Nyaya Sanhita replaced the IPC on 1 July 2024, so prepare each crimes topic with its BNS sections and keep the IPC numbers for older cases and past papers.
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Where is the official syllabus published?
In UPSC’s notification for each year’s Civil Services Examination, on upsc.gov.in. The topics on this page follow that list.