UPSC LAW OPTIONAL SYLLABUS

Paper - I: Constitutional and Administrative Law:

 

Previous Year Topic-Wise(unsolved) : https://www.lawxpertsmv.com/post/upsc-law-optional-mains-question-paper-segregation-pdf-constitutional-law-and-administrative-law

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1. Constitution and Constitutionalism: The distinctive features of the Constitution.

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Areas to be covered under this topic are : 

1) Constitution  - Meaning.
2) Constitutionalism - Meaning, Definition, Nature, Case Laws, Positive and Negative Aspects.
3) 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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Cover this topic with this helpful blog : https://www.lawxpertsmv.com/post/upsc-law-optional-2020-2021-notes-for-constitution-constitutionalism

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2. Fundamental rights – Public interest litigation; Legal Aid; Legal services authority.

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Areas to be covered under this topic are : 

1) 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 
2) PIL - Meaning, Nature, significance, 3 Stages & Recent observations on (Use & Misuse of PIL), PIl in environmental issue 

3) Legal Aid - Related Provisions under Constitution, Important Case laws.
4) Legal Service Authority 1987 - Salient Features, Working, Criticism. 

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3. Relationship between fundamental rights, directive principles and fundamental duties.

Areas to be covered under this topic are :

(1)  Conflict or Harmony between FR & DPSP

(2) 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.

Areas to be covered under this topic are :

(1) Status and Position of President under Indian Constitution (Titular head? or Mere Constitutional Head?)

(2) Advice of Council Ministers/Prime Minister - Consequences ensuing?
(3) Pardoning and Ordinance making power
(4) Election of President (2002 UPSC)

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5. Governor and his powers.

Areas to be covered under this topic are :

(1) Discretionary Powers of Governor

(2) Governor post vis-a-vis "Pleasure of President"
(3) Appointment and dismissal of Chief Minister by Governor.
(4) 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.

Areas to be covered under this topic are :

(1) All Kinds of Jurisdiction of Supreme Court is Important.

[Original, Advisory, Appellate, Criminal, Special Leave (Art.136), Curative)]

(2) Article 32 Vs Article 226 & 227
(3) Appointment of SC & HC Judges [Collegium - Good or Bad?]

(4) Transfer of High Court Judges [Principles - Can it be done as punishment?]

 

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.
Areas to be covered under this topic are : 
(1) Principles of Interpretation of 3 Lists :  Broad & Liberal Interpretation, Harmonious Construction, Pith and Substance, Colourable Legislation, Repugnancy,  Residuary Powers, Non-obstante clause.
(2) Local Bodies - Successfully functioned or failed in India | Challenges | Educational Requirement?
(3) Administrative relationship among Union and State and Local Bodies [Read the relevant provisions]

(4) Eminent Domain - Meaning, Evolution, Present Relevance, Limitations, Importance.

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8. Legislative powers, privileges and immunities.

Areas to be covered under this topic are : 

(1) Parliamentary Privileges- essential incident to the high and multifarious functions. Why? 
(2) Legislative power to punish for contempt of privileges
(3) 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.

Areas to be covered under this topic are : 
(1) Constitutional Safeguards against dismissal, removal or reduction of Civil Servants including

• Concept of "reasonable opportunity " to show cause. 

• Application of Doctrine of "Pleasure"

(2) Origin of Tribunals in India. Focus on WHY - created or abolished. Its effect on High Court.

(3) 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.

Areas to be covered under this topic are : 
(1) Why Emergency Provisions?
(2) National, State & Financial Emergency & its consequences. 
(3) Judicial Review of Emergency Proclamation.

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11. Amendment of the Constitution.

Areas to be covered under this topic are : 
(1) Parliament power to amend constitution - not unlimited. Judicial Review.
(2) Nature of Amending power of Indian Constitution
(3) Doctrine of basic structure.

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12. Principles of natural justice – Emerging trends and judicial approach.

Areas to be covered under this topic are : 
(1) Nature of Principle of Natural Justice - Flexibility,  Elastic, Modern Aspect. 
(2) Bias 
(3) Opportunity of Being Heard
(4) Reasoned Decisions. 

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13. Delegated legislation and its constitutionality.

Areas to be covered under this topic are : 
(1) Constitutionality of Delegated Legislation

(2) Modes of Judicial Control of Delegated Legislation
(3) How Parent Law safeguards for Delegated Legislation. 
(4) Doctrine of Excess Delegation
(5)  Essential legislative power cannot be delegated

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14. Separation of powers and constitutional governance.

Areas to be covered under this topic are : 
(1) Doctrine of Separation of Powers 
(2) Judicial Activism & Separation of Powers. 
 

15. Judicial review of administrative action.

Areas to be covered under this topic are : 
(1) Administrative Powers and Rule of Law
(2)  Judicial Review of Administrative Actions.

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16. Ombudsman: Lokayukta, Lokpal etc.

Areas to be covered under this topic are : 
(1) Lokpal and Lokayuktas Act, 2013 - Working or Non-Working
(2) Scope of Lokpal
(3) Ombudsman - Origin, Meaning, and relevance in India.

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Paper 1 :  Section -B : International Law: https://www.lawxpertsmv.com/post/law-optional-previous-year-question-papers-topic-wise-pdf-international-law

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1. Nature and definition of international law.

Areas to be covered under this topic are : 

(1) International Law - Nature | Positive Morality? Vanishing point of Jurisprudence? Weak Law?
(2) History, Definition, Meaning of International Law. 
(3)  Sources of International Law |  Treaties, Customs, General Principles, Judicial Sources
(4) Enforcement of International Law including Sanctions.

2. Relationship between international law and municipal law.

Areas to be covered under this topic are : 

(1) 5 Theories  between international law and municipal law.
(2) Enforcement of International law in Municipal law & vice-versa.

 

3. State recognition and state succession.

Areas to be covered under this topic are : 
(1) Meaning & Definition of State Succession.
(2) Recognition of State and Government. Duty to Recognize a state? Facultative, Declarative Recognition.
(3) Defacto and Dejure Recognition, Express and Implied Recognition, Non-recognition.
(4) Legal Effects of State Recognition 
(5) State Succession - Meaning and Definition
(6) Theories of State Succession - Continuity Principle.

4. Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, high seas.

Areas to be covered under this topic are : 

(1) Territorial Sea | Concept of Base line?
(2) Contiguous Zone
(3) Continental Shelf - Delimitation | North Sea Continental shelf case.
(4) Exclusive Economic Zone & Rights of State.
(5) High Seas ; Freedom of fishing | Fishery Zone | Nuclear Tests? | Piracy?
(6) International Tribunal for the Law of the Sea (ITLOS) 
(7) Landlocked states and their rights
(8) Coastal States and their rights.

5. Individuals: Nationality, statelessness; Human rights and procedures available for their enforcement. 

Areas to be covered under this topic are : 
(1)  Definition of Nationality,  Modes of Acquisition and Loss.
(2) Differentiate : Nationality, Double-Nationality, Statelessness,  Refugee. 
(3) Concept of Statelessness and Refugee.
(4) Human Rights : Role of UN, UDHR and other treaties & Enforcement.

6. Territorial jurisdiction of States, extradition and asylum.

Areas to be covered under this topic are : 
(1) Relationship between Extradition and Asylum. Kinds of Asylum.
(2)  State Jurisdictions & its exemptions.
(3) Diplomatic Asylum - Complete procedure.
(4) Principles of Extradition & theories.

7. Treaties: Formation, application,  termination and reservation.

Areas to be covered under this topic are : 
(1) Definition of Treaty & Steps of Conclusion of Treaty.
(2) Amendment, Modification, Reservation, Ratification of Treaty.
(3) Pacta Sunt Servanda, Jus Cogens

8. United Nations: Its principal organs, powers, functions and reform. 

Areas to be covered under this topic are : 

(1) United Nations General Assembly
(2) United Nations Security Council

(3) International Court of Justice
(4) Other primary organs of UN.

9. Peaceful settlement of disputes – different modes. 

Areas to be covered under this topic are : 

10. Lawful recourse to force: aggression, self-defence, intervention. 

Areas to be covered under this topic are : 

11. Fundamental principles of international humanitarian law – International conventions and contemporary developments. 

Areas to be covered under this topic are : 

12. Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear – non proliferation treaty, CTBT. 

Areas to be covered under this topic are : 

13. International terrorism, state sponsored terrorism, hijacking, international criminal court. 

Areas to be covered under this topic are : 

14. New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank. 

Areas to be covered under this topic are : 

15. Protection and improvement of the human environment: International efforts.

Areas to be covered under this topic are : 

Paper - II

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Law of Crimes:https://www.lawxpertsmv.com/post/upsc-law-optional-mains-previous-year-questions-topic-wise-pdf-law-of-crimes

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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.

Law of Torts: https://www.lawxpertsmv.com/post/law-optional-previous-year-question-papers-topic-wise-pdf-tort-law

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TOPIC 1 | NATURE AND DEFINITION OF TORT 

Areas to be covered under this topic are : 

1. What is a Tort?

  1.1 Difference between Tort and Torts:

     1.1.1 Pigeonhole Theory by Salmond.

     1.1.2. Winfield’s Theory on Tort.

  1.2 Evolution of Law of Tort.

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2. Nature and Significance of Tort

   2.1 Tort as a Civil Wrong.

    2.2 Ingredients of Tort

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3. Tort and other related Concepts.

   3.1 Tort and Breach of Trust

   3.2 Law of Tort and Law of Crimes: The Liability Conundrum

   3.3 Law of Tort and Law of Contract: The Question of Liability.

 

TOPIC 2 | LIABILITY BASED UPON FAULT AND STRICT LIABILITY; ABSOLUTE LIABILITY

Areas to be covered under this topic are : 

1. Liability

  1.1 Strict Liability

  1.2 Absolute Liability

  1.3 Vicarious Liability

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2. Important Case Laws.

2.1 Rylands v. Fletcher

2.2 Bhopal Gas Leak Case

2.3 M C Mehta v Union of India

 

TOPIC 3 | VICARIOUS LIABILITY INCLUDING STATE LIABILITY

Areas to be covered under this topic are : 

1. Concept of Vicarious Liability

  1.1 Master Servant Relationship

  1.2 Acts which are to be counted as tort and Acts outside Employment.

    1.2.1 Limpus v. General Omnibus Co.

2. State Liability

  2.1 Article 300 of the Constitution of India

  2.2 Case Laws on State liability

    2.2.1 Nilabati Behera v. State of Orrisa

    2.2.2. Bhim Singh Case

    2.2.3. Rudal Shah Case

3. Distinction between Sovereign and non-sovereign functions.

 

 

TOPIC 4| GENERAL DEFENCES

Areas to be covered under this topic are : 

1. Volenti non fit injuria

  1.1 Concept of Volenti non fit injuria

  1.2 Difference between volenti non fit injuria and scienti non fit injuria.

  1.3 Important Case Laws

    1.3.1 Smith v. Baker

    1.3.2. Hall v. Brooklands Auto Racing Club

    1.3.3. Haynes v. Harwood

2. Necessity

 

TOPIC 5 | JOINT TORTFEASORS

Areas to be covered under this topic are : 

1 Doctrine of Causation

 1.1 Chain of Causation

2. Liability of Joint Tortfeasor

 

TOPIC 6 | REMEDIES

Areas to be covered under this topic are : 

1. Damages

  1.1 Liquidated Damages

  1.2 Quantum of Damages

  1.3 Liquidated Damages

 

TOPIC 7 | NEGLIGENCE

Areas to be covered under this topic are : 

1. Test of reasonableness

  1.1 Duty of reasonable care

  1.2 Degree of reasonableness

  1.3 Breach of Legal Duty

2. Contributory Negligence

  2.1 Volenti non fit injuria

3. Res Ispa Loquitor

4. Evidence of Negligence

 

TOPIC 8 | DEFAMATION

Areas to be covered under this topic are : 

1. Concept of Defamation

  1.1 Civil Defamation

  1.2 Criminal Defamation

  1.3 Difference between Civil and Criminal Defamation.

2 Essentials of Defamation

  2.1 Publication

  2.2 Intention

3. Innuendo

4. Defences for tort of defamation

  4.1 Fair Comment

  4.2 Defence of Privilege

 

TOPIC 9 | NUISANCE

Areas to be covered under this topic are : 

1. Concept of Nuisance

  1.1 Public Nuisance

  1.2 Private Nuisance

  1.3 Difference between Public and Private Nuisance

2. Nuisance and Negligence

3. Remedy for Public Nuisance

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TOPIC 10 | CONSPIRACY

Areas to be covered under this topic are : 

1. Concept of Conspiracy

  1.1 How Conspiracy in Tort is Different from Criminal Conspiracy?

  1.2 Types of Conspiracy under Tort.

1.3 Elements of Tortious Conspiracy.

   

TOPIC 11 | FALSE IMPRISONMENT

Areas to be covered under this topic are : 

1. Concept of False Imprisonment

2. Scope of False Imprisonment

3. Difference between Malicious Prosecution and False Imprisonment.

 

 TOPIC 12| MALICIOUS PROSECUTION

Areas to be covered under this topic are : 

1. Concept of Malicious Prosecution

2. Ingredients of Malicious Prosecution

2.1 Malice Intention

3. Grounds of Damages

4. Difference between Malicious Prosecution and False Imprisonment.

 

TOPIC 13 | THE CONSUMER PROTECTION ACT 2019.

Areas to be covered under this topic are : 

It came as a successor of 1986 act, The important aspect of the act would include mainly-

1. Difference between 1986 and 2019 act.

2. What are new additional provisions which are added in new act.

Law of Contracts and Mercantile Law:

https://www.lawxpertsmv.com/post/upsc-law-optional-mains-previous-year-question-paper-topic-wise-pdf-law-of-contracts

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TOPIC 1 | NATURE AND FORMATION OF CONTRACTS

Areas to be covered under this topic are : 

1. Nature of Contract with elements + difference between agreement and contract and about e - contracts - enforceability- privity of contract 

  2. Offer- must know about types of offer along with termination of offer -  Specific Offer, general offer, invitation to offer , quotation etc 

  3. Acceptance - rules of acceptance - communication when complete 

 4. Consideration- definition - rules - when not adequate - privity of consideration

 

TOPIC 2 | FACTORS VITIATING FREE CONSENT.

Areas to be covered under this topic are : 

All the factors and their relationship and difference between each other viz, how undue influence is subtle specious of fraud etc.

  

TOPIC 3 | VOID, VOIDABLE, ILLEGAL, AND UNENFORCEABLE AGREEMENTS -

Areas to be covered under this topic are : 

All types of void agreements are important - esp : agreement in restraint of trade and against public policy 

  

TOPIC 4 | PERFORMANCE AND DISCHARGE OF CONTRACTS -

Areas to be covered under this topic are : 

Contractual Obligation, Exception to Contractual Obligation, Rescission,  Doctrine of Supervening impossibility,  Frustration of the Contract

 

TOPIC 5 | QUASI-CONTRACT -

Areas to be covered under this topic are : 

Basics , Unjust enrichment, chapter V of Indian Contract Act 

 

TOPIC 6 | CONSEQUENCES OF BREACH OF CONTRACT : 

Areas to be covered under this topic are : 

 Breach of contract , discharge of contract -its effect and obligation, assessment and kinds of damages - Hadley v Baxendale 

 

TOPIC 7 | CONTRACT OF INDEMNITY, GUARANTEE AND INSURANCE:

Areas to be covered under this topic are : 

Liability , role and discharge of surety , indemnity and wagering contracts - Carlil v Carbolic Smokeball Co 

 

TOPIC 8 | CONTRACT OF AGENCY -

Areas to be covered under this topic are : 

Agent, sub- agency, duties of agent , agent- principal relationship , creation, ratification, estoppel by agency, termination of agency etc 

 

TOPIC 9 | SALE OF GOODS AND HIRE PURCHASE -

Areas to be covered under this topic are : 

 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 

 

TOPIC 10 | FORMATION AND DISSOLUTION OF PARTNERSHIP -

Areas to be covered under this topic are : 

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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TOPIC 11 | NEGOTIABLE INSTRUMENTS ACT -

Areas to be covered under this topic are : 

3 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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TOPIC 12 | ARBITRATION AND CONCILIATION ACT -

Areas to be covered under this topic are : 

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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TOPIC 13 | STANDARD FORM CONTRACT-

Areas to be covered under this topic are : 

Concept , protection for weaker party etc 

 

Contemporary Legal Developments :  Topic-wise unsolved | https://www.lawxpertsmv.com/post/upsc-law-optional-mains-previous-year-question-paper-topic-wise-pdf-contemporary-legal-development

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1. Public Interest Litigation -

Areas to be covered under this topic are : 

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. 

2. Intellectual property rights – Concept, types/prospects.

Areas to be covered under this topic are : 

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 .

3. Information Technology Law including Cyber Laws – Concept, purpose/ prospects -

Areas to be covered under this topic are : 

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.

5. Alternate Dispute Resolution – Concept, types/prospects - concept - advantages and disadvantages of ADR 

6. Major statutes concerning environmental law.

7. Right to Information Act- Salient feature and origin of the act, public authorities and important decisions , recent issues.

8. Trial by media - concept - how trial by media impacted judicial decisions - positive and negative aspects - contempt of court on media for media trial.