UPSC : Civil Services (Main) Exam, 2009 Optional Paper
Section - A
1. Answer any three of the following (each answer should be in about 200
words): 20 × 3 = 60
(a) Differentiate between ‘Federal Constitution’ and ‘Federal Government’.
Based on judicial pronouncements and your perception of the working or our
Constitution, comment on whether India has a Federal Government or a Federal
(b) “There is still a controversy whether Reasoned Decisions’ comprise a third
pillar of natural justice.” Do you agree with this statement? Discuss with
reference to recent case laws.
(c) Define and distinguish between ‘formal equality’ and ‘substantive equality’
as interpreted by the Apex Court of the country.
(d) How would you judge the constitutional validity of an Amendment giving
primacy to the executive in the matter of appointment of the judges of the
Supreme Court and High Courts?
(a) “By evolving the concept of jurisdictional facts, the Courts have
broadened the power of judicial review of administrative action.” Discuss this
statement and compare the extent of judicial review of administrative action
over jurisdictional facts and ordinary facts.
(b) “The term ‘freedom of speech and expression’ in Article 19(l)(a) has been
held to include the” right to acquire information and disseminate the same.”
Elucidate the import of this statement in the context of media industry. Is the
right to paint or singi pr dance covered by Article 19 (1) (a) of 4) the Indian
Constitution or not?
(a) “The Directive Principles which have been declared to be ‘fundamental’ in
the governance of the country cannot be isolated from Fundamental Rights.”
Explain critically. Also throw light with reference to recent judgments on the
Supreme Court’s view as regards the interplay of Directive Principles and
(b) Spell out the object and reasons of Part IV A of the Constitution of India.
Do you support this addition to the Constitution of India? Give reasons and also
suggest some effective measures to make these provisions more realistic and
4. Write short notes on/Answer the following:
(a) Scope of the Right with regard to self- incrimination
(b) Indian ombudsman - unfulfilled dream
(c) “Powers of Election Commission are not sufficient.” Comment.
Section - B
5. Answer any three of the following (each answer should be in about 200
(a) Define and distinguish between ‘arbitration’ and ‘judicial settlement’ in
the context of the rules of International Law. Also mention the relevant
provisions regarding ‘forum prorogatum’.
(b) “Humanitarian Law is no longer Geneva and the Hague Law but transcends these
conventions to reach cosmic stature and seek expression through the United
Nations and other transnational instruments.” Discuss with reference to growth
and development of International Humanitarian Law in the present century.
(c) “A human rights violation is now conceived as a violation not only of those
personally and directly aggrieved but of everybody.” Examine critically the
above statement with reference to present scenario of our country and rest of
(d) “In practice the relationship between International Law and Municipal Law
exists in the mixture of International Law supremacy, Municipal Law supremacy
and a coordination of legal system.” Comment on the aforesaid statement of
Edward Collins in the context of the relationship between International Law and
(a) Examine critically the different views regarding the recognition of
States, highlighting the legal consequences of acts of recognition and policies
of non-recognition. Also mention the difference between ‘express recognition’
and ‘implied recognition’.
(b) Enumerate the main features of International Criminal Court. What credit
would you attribute to the functioning of this Court? What are the major
drawbacks of this Court? Discuss, in this context, the possible amendments to
the Regulations of the International Criminal Court.
(a) Would you support the idea of the general review of the United Nations
Chater? Give reasons. Also give your opinion about the continuity of die ‘Veto
System’. What is the stand of India in these respects?
(b) Explain critically the principle of ‘jus cogens’. Distinguish between ‘Equal
Treaties’ and ‘Unequal Treaties’. Give examples and also discuss the salient
features of Vienna Convention on the Law of Treaties.
8. Write short notes on the following :
(a) Sanctions of International Law
(b) ‘Piracy jure gentium’ on High Seas
(c) Manila Declaration, 1982