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Holes in the Safety Net(Indian Express)

Mains Paper 2:National
Prelims level: Food security
Mains level: Public Distribution System objectives, functioning, limitations, revamping; issues of buffer stocks and food security

Context:

In the early days of India’s lockdown, stories of food insecurity were rampant.
As “Unlock 2.0” progresses, many analysts hope that labour markets will provide the much needed economic resources to the vulnerable.
But amidst a range of localised lockdown measures, immediate economic distress continues to persist.
The Centre and state governments need to expand the ambit of food transfer programmes and bolsterpolicies that target people most at risk of malnutrition.

Persistence of food insecurity:

There is sound policy that can be built on.
The Central government has extended the provision of extra rations of five kg of wheat/rice and one kg of pulses through November, making good use of its abundant grain stocks.
Many state governments have stepped in to fill gaps — Bihar’s recent expansion of rations and transfers to school children is one such example.
And, a good monsoon points to the potential for bumper crops.
Yet, our analysis of data from several surveys and previous research suggests the persistence of food insecurity, especially among economically and socially disadvantaged groups.

Caloric needs:

First, even with smooth access to rations, those out of work and with little or no savings will find it hard to cover their households’ full caloric needs.
Our research team recently evaluated how Chhattisgarh’s public distribution system functioned through the lockdown and how rural households were faring in the state.
Ration shops functioned well: Out of over 4,000 PDS shops we surveyed, 99% were open through the lockdown and stock-outs were extremely rare.
Of the over 3,900 households we surveyed in rural Raipur, 95 per cent reported receiving rations.
But 20 per cent of the surveyed households worried they would run low or out of food in the coming weeks.
Interviews with anganwadi workers revealed that households were eating fewer fruits and vegetables, and more rice and dal than before the lockdown.
This is consistent with the NSS data that suggest free rations in Chhattisgarh helped households cover 15 to 33 per cent of their monthly food expenditure, depending on the ration card holder.

Inequalities:

Second, distribution of food within households could be worsening both during the lockdowns and under increased economic hardship.
With anganwadis shut in many states, daily hot meals for young children have been replaced by irregular distributed take-home dry rations.
This change is likely to hit girls hard — substantial inequalities in food consumption within the same household are well-documented.
Too frequently, girls and women still eat last at home.
Research shows how failing to meet nutritional needs among mothers, potential mothers and young children has long-lasting repercussions on women’s health, morbidity and mortality and the human capital that constitutes the next generation.
This type of food insecurity is often invisible, yet can lead to glaring health, cognitive, educational, and wealth deficits in the years to come.

Migrant workers:

Third, significant gaps in the food security safety net remain for returning migrants.
While the prime minister extended two months of rations for eight crore migrant workers in May and June, irrespective of their ration card status, there is no sign that the programme will be continued.
Official data suggest that it remains difficult to get rations to migrants. In April, we began phone surveys of migrants, who were formerly working in urban areas across India.
Half of the respondents reported recent food insecurity (eating less than normal).
In more recent rounds of surveys in June and July, this share increased to two-thirds.
Implementation bottlenecks within the delivery system are further restricting access to food and cash transfers in many areas.
So, how can the Centre and state governments address these concerns?

Providing food to all:

Like many others, we favour providing food to all who arrive at ration shops seeking it, regardless of identification.
Waiting for all systems to be fully operational and online for the One Nation, One Ration Card scheme could cause fatal delays.
This is especially critical to ensuring that returning migrant workers without ration cards can access food transfers.
In the short-run, it will also ease implementation bottlenecks.
For young children, adolescent girls, and pregnant and lactating women, a period of malnutrition can have lifelong adverse consequences.
Identifying ways of maintaining social distancing while reopening anganwadis for essential services (such as vaccinations and hot meals) should be a priority to ensure these individuals, and not just their households, receive food.

Diversifying and expanding products:

Finally, the central and state governments should consider diversifying and expanding products available at fair price shops to help households meet nutritional needs while stabilising local food prices.
The short-term introduction of free lentils via the PDS system is welcome.
Governments could expand this list to include other essentials such as oil, sugar and locally procured items (such as vegetables and milk).
Research has shown that access to rations via PDS helps insulatepoor households from food price spikes.
Our survey of fair price shops in Chhattisgarh also produced similar results.
Prices for chana in private shops in panchayats where PDS shops also stock chana are 10% lower than in panchayats where PDS shops do not stock chana.

Conclusion:

India should not allow one emergency — the pandemic — to turn into another.
Food security problems are not abatingand there are clear steps that should be taken before it is too late.
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Prelims Questions:

Q.1)With reference to the human Growth Hormone (hGH), consider the following statements:

1. It is produced in the body and secreted by the pituitary gland near the base of the brain.
2. hGH is not banned in both in-competition as well as out-of-competition by the World Anti- Doping Agency (WADA).

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: A

Mains Questions:

Q.1)How COVID 19 induced lockdown impacted the vulnerable sections of the society? What are the challenges faced by them due to food security and what are the concern associated with this?

Read more about THE GIST of Editorial for UPSC Exams : 24 July 2020 Holes in the Safety Net(Indian Express)

THE GIST of Editorial for UPSC Exams : 24 July 2020 Through Its Own Prism (Indian Express)

Through Its Own Prism (Indian Express)

Mains Paper 2:International Relations
Prelims level: 25-year strategic partnership
Mains level: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests

Context:

Reports that Iran and China are close to concluding a 25-year strategic partnership — which may involve a trade and investment partnership totalling a massive $400 billion — have generated considerable angst in India.
This is being linked to reports that Iran has decided to undertake the construction of the Chabahar-Zahedan railway line to the border with Afghanistan on its own because India continues to delay its implementation of the project.
The project has not been handed over to China — at least not yet — so the “India loses, China wins” narrative is premature.

Pinch of salt:

It is not only India but other countries, including China, which have found it difficult to undertake projects in Iran because of US sanctions, particularly the denial of dollar financing.
Chinese purchases of Iranian oil have decreased substantially in the past two years and the overall bilateral trade fell to $23 billion in 2019 compared to a peak of $35 billion.
During Chinese President Xi Jinping’s visit to Iran in January 2016, an ambitious target of $600-billion trade in 10 years was announced. It has turned out to be mostly hype.
The 25-year strategic partnership plan of $400 billion should also be taken with a generous pinch of salt.
Though made much of by Iran, it has not been confirmed by China.

Importance of Iran to China:

Even Iran has now described it as a “draft” submitted for Chinese consideration and which will need the approval of Iran’s parliament.
These reports are being encouraged by Iran to suggest that it has powerful friends and that the US has been unable to isolate it.
That is how it projected the trilateral Iran-China-Russia naval exercise that was held in the Gulf of Oman in June this year, calling it a “new triangle of power.”
Iran for China is a key source of energy supplies, a significant component of its ambitious BRI, and a potentially lucrative market for its project exports and manufactures.
However, like India, it has also in parallel cultivated closer relations with Saudi Arabia and the UAE, which are currently bigger suppliers of oil and gas to China than Iran is.

Chinese forays in the Arab world:

Just weeks after the trilateral naval exercise, the bi-annual China-Arab States Cooperation Forum met in Jordan earlier this month with ringing declarations of China-Arab friendship.
China has also emerged as a major arms supplier to the Arab states and has conducted naval exercises with Saudi Arabia and the UAE.
It continues to have a strong relationship with Israel.
There is no doubt that as China’s economic, military and technological capabilities have increased, its profile in this strategically important region has also expanded.
US has become self-sufficient in oil and gas and its reliability as an ally has being increasingly in doubt.
The Gulf countries have welcomed China as the world’s largest oil importer, a source of military supplies and as an emerging security partner.

Avoiding Chinese prism:

While acknowledging this changed regional geopolitical landscape, India should pursue its largely successful policy of maintaining positive relations with Iran, the Arab states and Israel.
India should not use a Chinese prism through which to shape its policy just as China has done.
There have been calls by some analysts to downgrade relations with Iran in order to align more closely with the US and to put greater emphasis on relations with Arab states. This would be a mistake.
India will have more room for manoeuvring in the region by continuing to maintain a strong and friendly relationship with Iran.
One should also not exclude the possibility of a Democratic US President Biden reviving the Joint Comprehensive Programme of Action (JCPOA), or the Iran nuclear deal, concluded in 2015.
The revival of the deal will open the door for US and European companies to resume business with Iran.
In the 2015-2018 period when sanctions had been partially lifted on Iran, it preferred to turn to the West rather than China for its economic revival.
The 25-year strategic plan dates back to January 2016, but the Chinese complained that the Iranians were dragging their feet on follow up action.
It is the reinstatement of severe economic sanctions that has led Iran to turn to China, but the latter has remained cautious.

Measured moves:

India should not arrive at hasty conclusions and damage its relations with Iran, which remains strategically important.
The pursuit of a closer security partnership with the US does not mean that India should follow the US lead on its other important relationships.
It has quite rightly remained engaged with Russia even though Russia-China relations are the closest they have been historically and Russia’s confrontation with the US has sharpened further in recent years.
The same logic applies to our relations with Iran, which have served as a restraint on Pakistan.

Close watch:

This does not mean that India should not monitor closely the development of relations between China and Iran, which could complicate our security interests on our western flank.
Of particular concern is a reported reference in the 25-year strategic plan of China constructing a new port at Jask at the mouth of the Hormuz strait.
This may be linked to oil and gas fields inland through pipelines and allowing shipments even if the narrow Hormuz Strait was closed.
If the port were operated by China just as Gwadar on the Pakistani coast nearby is, then Chinese naval presence in the western reaches of the Indian Ocean would become significant.
India’s maritime security would be at further risk.
It would also be of deep concern to the Arab states who will suffer from any closing of the Hormuz Strait while Iran remains less affected.
Here is an issue on which the Arab states may well react adversely to China running with the hares and hunting with the hounds.
India, too, should press its concerns on Iran while working on a counter-strategy.

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Prelims Questions:

Q.1)With reference to the Airborne transmission of Covid-19, consider the following statements:

1. The World Health Organisation (WHO) has formally acknowledged the possibility that the novel coronavirus can remain in the air in crowded indoor spaces, where “short-range aerosol transmission cannot be ruled out”.
2. Airborne transmission is defined as the spread of an infectious agent caused by the dissemination of droplet nuclei (aerosols) that remain infectious when suspended in air over long distances and time.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

Mains Questions:

Q.1)Highlights the recent development between Iran and China’s relations.

Read more about THE GIST of Editorial for UPSC Exams : 24 July 2020 Through Its Own Prism (Indian Express)

THE GIST of Editorial for UPSC Exams : 24 July 2020 Deepening India-South Korea ties(The Hindu)

Deepening India-South Korea ties(The Hindu)

Mains Paper 2:International relations
Prelims level: Indian Culture Centre
Mains level: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests

Context:

India and South Korea have signed numerous bilateral agreements with the aim of taking their ties to the next level.
However, the economic partnership is struck at $22 billion annually, and their defence partnership appears to have recededfrom great all-round promise to the mere sale and purchase of weapon systems.

Perceptions:

At the heart of this bilateral stasis is the fact that, Indians and South Koreans are failing to touch a mutually meaningful chord of empathy and move closer to each other as people.
This is at least in part due to cultural prejudices on both sides, which stands in the way of a relationship based on openness, curiosity and warmth.
Yet, clearly, whatever bilateral progress has been made, say in the realm of trade and investment, has not lent sufficient momentum that people start building bridges in other areas.
So, for example, there may be a widespread perception among South Koreans of India as a third world country, rifewith poverty and hunger.
While it is true that India is far from eradicatingthese deprivations, their extent may be exaggerated in the minds of some.
On the flip side, it is often the case that Indians are unable to distinguish between the cultural and social characteristics of South Koreans and people of other East Asian nations.

Indians in South Korea:

Within South Korea, the integration of Indians in the local population is far from complete.
There have been some instances of what appears to be racial prejudice or discrimination, including toward Indians in work settings in South Korea.
As in any relationship, mutual respect regarding cultural values is the key to building a robust partnership between two countries.
The means to achieving that respect is often filling the information gap that creates a chasm between two strong cultures.
How much do Indians based in South Korea know about how Korean culture contributed to the growth of a broader Asian view of the world?
It is more likely that to the average Indian mind, the defining traits of Japan’s and China’s cultures are better identified than those of Korean culture.
All this is to say nothing of the hostilitythat some visiting South Koreans have faced in India.

Indian culture centre in Seoul:

This trajectory of India’s engagement with a strategically important Asian nation suggests that an urgent course correction is required.
The establishment of the Indian Culture Centre (ICC) in Seoul 10 years ago was a step in the right direction.
Its mission was to promote people-to-people contacts.
Yet, given the current focus on diplomatic initiatives it can sometimes be complicated for the average South Korean to access to its offices and services.
The ICC’s attempts to broad-base an appreciation of Indian culture by, for example, teaching south Indian dances to elementary school students in South Korea, or organising experiential sessions centred on Indian cuisine, are commendable.
Yet, it may reach an exponentially wider audience if the focus of such efforts was the common man of South Korea, beyond the urban, English-speaking elite of Seoul.
The same may be applicable to South Korean culture centres in India.

Conclusion:

As the balance of power in the region continues to shift fast, India and South Korea may need each like never before, to protect their ways of life.
However, both countries will be able to help each other only if they can fill the cultural gaps.
A regional hegemonis already pushing hard into the ambit of the Indian Ocean.
The sooner these bonds are renewed the better it would be for all Asian democracies.

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Prelims Questions:

Q.1)With reference to the World Youth Skills Day 2020, consider the following statements:

1. World Youth Skills Day 2020 is being held on July 15 under the theme “Skills for a Resilient Youth in the Era of COVID-19 and Beyond”.
2. The latest Global Employment Trends for Youth 2020: Technology and the future of jobs shows that since 2017, there has been an upward trend in the number of youth not in employment, education or training (NEET).

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: C

Mains Questions:

Q.1) Highlights about India- South Korea bilateral relations. Why India is important for South-Korea? Critically examine.

Read more about THE GIST of Editorial for UPSC Exams : 24 July 2020 Deepening India-South Korea ties(The Hindu)

THE GIST of Editorial for UPSC Exams : 24 July 2020 Calibrated balance: On India and non-alignment(The Hindu)

Calibrated balance: On India and non-alignment(The Hindu)

Mains Paper 2:International
Prelims level: Non- Alignment Movement
Mains level: Bilateral, regional and global groupings and agreements involving India and/or affecting India’s interests

Context:

In separate statements this week, External Affairs Minister S. Jaishankar laid out India’s world view in the face of global challenges, many of which pull it in different directions.
Mr. Jaishankar’s contention was that non-alignment as a concept belonged to a bygoneera.

Non-alignment: Bygone era

He held that multipolarity in the world necessitated that India would have to take a definite stand, and even take “risks” on issues such as connectivity, maritime security, terrorism and climate change.
However, he made it clear that India does not reject non-alignment in its entirety, and that while it would no longer remain disentangled from difficult decisions, it would not compromise on its independence.
More importantly, he said that India has “never been part of an alliance system, nor will it ever be”.
He added that even the U.S. must look beyond its present alliances, and engage with more multilateral arrangements.
Mr. Jaishankar explained that while non-alignment worked for India during the Cold War era.
He also opined the fact that India and China share a land boundary would always be a factor in a “new cold war” between the U.S. and China.
He spoke of Indo-U.S. cooperation in many fields, and the growing maritime collaboration in particular.
However, he left unsaid the hard reality that military collaboration on land would prove problematic given India’s disputed boundary with China.

Carefully calibrated balance:

Mr. Jaishankar’s comments are a clear-eyed assessment of India’s constraints and avenues for its potential growth.
The assertion of India’s strategic independence and resistance to joining any alliance comes as a timely reminder amid speculation that tensions with China will push India into a stronger clinch with Washington.
U.S. Secretary of State Mike Pompeo referring to the India-China clashes, the deaths of Indian soldiers at Galwan Valley last month, called for India and the U.S. to jointly “counter” China.
The government has rightly chosen not to raise its tensions with China in any forum other than bilateral talks with Beijing.
Equally significant is the government’s outreach to Moscow, including a visit by Defence Minister and the participation of Mr. Jaishankar in the Russia-India-China trilateral last month.
External Affairs Minister’s comments that India should also seek to build coalitions with “middle powers”, such as the European Union and Japan is step in the right direction.

Conclusion:

A time of crisis often clarifies priorities.
At a time of a double crisis for India — battling the novel coronavirus pandemic in the country and Chinese aggression at the border — the message from New Delhi is one of a carefully calibrated balance.
Non-alignment as a policy must be rethought, but India must be wary of alliance systems.

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Prelims Questions:

Q.1) With reference to the Tamil Nadu-Karnataka economic corridor, consider the following statements:

1. The greenfield highway is part of Sagarmala project.
2. It will be implemented by the National Highways Authority of India.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: B

Mains Questions:

Q.1)What is Non- Alignment Movement? What are its origin and composition? What is the relevance of NAM in the multipolar world?

Read more about THE GIST of Editorial for UPSC Exams : 24 July 2020 Calibrated balance: On India and non-alignment(The Hindu)

THE GIST of Editorial for UPSC Exams : 24 July 2020 Escalating tensions: On U.S. closing Chinese mission (The Hindu)

Escalating tensions: On U.S. closing Chinese mission (The Hindu)

Mains Paper 2:International relations
Prelims level: China’s consulate
Mains level: Effect of policies and politics of developed and developing countries on India’s interests

Context:

The U.S.’s decision to close China’s consulate in Houston is an unprecedented escalation in the steadily deterioratingties between the world’s two largest economies.
The Trump administration has accused the consulate and other Chinese diplomatic missions in the country of economic espionage, visa fraud and attempted theft of scientific research.
All the allegations have been denied by China.

Drastic measure:

It has announced visa restrictions on students, imposed sanctions on Chinese officials over a Hong Kong security law and is reportedly considering a sweeping travel ban on the millions of members of China’s ruling Communist Party.
The consulate decision is by far the most drastic measure.
This is the first time a Chinese mission is being closed in the U.S. since both countries normalised diplomatic relations in 1979.
Since the tariff war that President Trump launched in 2018, China has retaliated against every hostile move by the U.S.
The U.S.-China tensions are no longer about trade and technology.
What started as a trade war has snowballedinto a larger geopolitical contest between the two superpowers.
Such contest is something the world hasn’t seen since the hostilecompetition between the U.S. and the Soviet Union during the Cold War.

U.S. Concern:

President Trump, who is under attack at home for his handling of the novel coronavirus pandemic, may be finding comfort in ramping up tensions with China in an election year.
But what makes the crisis dangerous in the long term is that there is a growing consensus in Washington that a hostile China, resorting to large-scale espionage, poses a serious threat to the U.S.-dominated international order.
The Washington establishment, which had fought Trump’s overturestowards Russia and several other policy measures, is in line with the President in his confrontational policy towards China.
It has already done serious damage to bilateral relations that cannot be reversed easily.
Incidentally, the U.S.-China crisis is unfolding at a time when Beijing is also acting more assertively in Asia, picking fights with countries in its neighbourhood, from India to Vietnam and Malaysia.
The message from China is that it is ready for a long game of escalation, as long as the U.S. keeps playing it.
This is a cyclical trap — measures and countermeasures keep taking ties to new lows with no possibility of an exit.

Conclusion:

If this deterioration is not arrested immediately, the U.S. and China risk a total breakdown in diplomatic relations.
The downward spiral in U.S.-China ties is bad news for the whole world.

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Prelims Questions:

Q.1)With reference to the Google for India Digitisation Fund, consider the following statements:

1. Google will invest $10 billion in India over the next five to seven years through a mix of equity investments, partnerships, operations, infrastructure and ecosystem investments.
2. It enables affordable access to the internet and to information for every Indian exclusively in English language.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: A

Mains Questions:

Q.1)In the wake of recent escalating tensions between US & China, examine how downward spiral in U.S.-China ties is bad for the whole world?

Read more about THE GIST of Editorial for UPSC Exams : 24 July 2020 Escalating tensions: On U.S. closing Chinese mission (The Hindu)

UPSC Mains Law Paper Topic : Joint Fort Feasors

The liability of joint tort-feasors is ‘joint and several’. In the light of this statement discuss who are joint tort- feasors and their liability with the help of illustrations and case law. (05/II/3a/30)

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UPSC Mains Law Paper Topic : General Defences

When can a defendant plead ‘voluntary assumption of risk’ by the plaintiff as a group of defence in an action in tort? (92/II/5c/20)
“Knowledge of the danger does not amount to consent to undertake the risk.” Discuss with the help of decided cases. (08/II/3b/30)
Volenti non fit injuria is a defence for liability in tort’. Illustrate your answer with decided cases. (09/II/1c/20)
“Involuntary drunkenness is a defence.” Critically examine the law relating to intoxication as defence. (13/II/1d/10)
X, while driving car, suddenly became unconscious and fell back in his seat. The car became uncontrolled, it hit and killed Y. discuss the liability of X. (13/II/3c/15)

Read more about UPSC Mains Law Paper Topic : General Defences

UPSC Mains Law Paper Topic : Various Liability Including State Liability

UPSC Mains Law Paper Topic : Various Liability
Including State Liability

“A wrong falls within the course of employment of the servant if it is necessarily incidental to something (Main) Law—Topic Wise Paper 64 which the servant is employed to do.” Explain. (94/II/Id/20)
Even if the master cannot actually control the way in which the servant does his work, because the servant is a skilled professional who knows his job and will carry it out in his own way, he master nevertheless remains liable for the negligence of the servant. Comment. (99/II/1d/20)
To know whether a person occupies the position of an agent or not, the law has to go by his functions and the substance of the transaction and not the parties terminology. (02/II/4b/30)
A car diver in the course of his employment leaves the ignition keys in the car and leaves the car on a crowded road. During his absence a trespasser gets into the car and drives it causing an accident resulting into injuries to the plaintiff. The plaintiff sues the car owner in tort. Decide. (03/II/3b/30)
“State has to answer for every wrong committed by its erring servant.” Comment. Support your answer with the help of legal provisions and decided cases. (08/II/1c/20)
‘A master is not responsible for a wrongful act unless it is done in the course of employment’. Comment and explain the circumstances when wrongful acts are deemed to be done “in the course of employment”. Refer to decided cases. (09/II/3b/30)

Read more about UPSC Mains Law Paper Topic : Various Liability Including State Liability

UPSC Mains Law Paper Topic : Liability Based upon Fault and Strict Liability, Absoluble Liability

UPSC Mains Law Paper Topic : Liability Based upon Fault and Strict
Liability, Absoluble Liability

Discuss the legal principles, in the background of the recent changes in the law, applicable to the determination of liability for injury caused by “hazardous substances” and also the nature of the said liability. Refer to relevant case law. (96/II/3a/30)
Explain the nature, scope and extent of the liability of the polluter for environmental torts in the light of the “Polluter pays principle” as developed in recent Supreme Court decisions. (99/II/4b/30)
What are the exception to the rule of strict liability? Briefly examine each of them. (99/II/2b/30)
There was a leakage of oleum gas from one of the units of Mr. X’s Textile Industry, situated in the city of Mumbai, on 4th and 5lh October, 1995. It resulted in the death of an advocate practising in a court and all the ill effects of the same to various other persons. Mr. Y, a public spirited individual filed a writ petition, under Art. 32 of the Constitution, before the Supreme Court of India claiming compensation. Decide the liability of the occupier. (00/II/1d/20)
A, the owner of a mill, was getting water for his mill from a stream which was naturally flowing near the mill of A. B, the owner of another mill, dug an extensive well which hindered the flow of water to A’s mill. Is B liable for a tort? Give reasons to support your answer. (06/II/3b/30)
Discuss the rule of strict liability with the help of relevant case law. Is there any difference between strict liability “and absolute liability? (06/II/3a/30)
“If a person brings or accumulates on his land anything which if it should escape may cause damages to his neighbours, he does so at his peril.” Discuss the above statement by referring the judicial pronouncements alongwith the exceptions thereto. (07/II/3a/30)
Mr. A, a chronic heart-patient was drawn into a political debate and in the couse of arguments his adversary looked at him fiercely and said that people like him should be hit till they are dead” Hearing this ‘A’ suffers a heart attack and dies on the spot. Discuss the liability of his adversary. Argue for the State also. (10/II/3c/20)
The very object of taking a surety is defeated, if the creditor is required to postpone his remedies against the surety. Explain the liability of the suety. (10/II/5b/15)
“It has been a common statement of the law that while relief is available for certain kinds of mutual mistake, it is unavailable for unilateral mistake unless the other party knew or had reason to know of the mistake.” Critically examine the statement with leading case law. (13/II/6a/25)

Read more about UPSC Mains Law Paper Topic : Liability Based upon Fault and Strict Liability, Absoluble Liability

UPSC Mains Law Paper Topic : Nature and Definition

“Law of tort is based upon a fundamental general principle that it is wrongful to cause harm to other persons in the absence of some specific ground of justification or excuse.” Examine. (95/II/1d/20)
“Duties in tort exist by virtue of the law itself, and are not dependent upon the consent of the persons subjected to them.” Examine. (96/II/1c/20)
“In tort the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him.” Examine. (97/II/1c/20)
“Whenever there is a breach of duty there is a cause of action in tort.” Discuss. (0l/II/1c/20)
Distinguish between tortious liability and contractual liability. (04/II/1d/20)
“All torts are civil injuries but all civil injuries are not torts.” Explain the above statement. (04/II/1c/20)
Which one of the following two expressions is correct and why? ‘Law of Torst’ or ‘Law of Tort’. (05/II/1d/20)
“In tort the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him.” Examine. (06/II/1d/20)
Distinguish between tortious liability and criminal liability. (07/II/Id/20)
“Dammim sine injuria and injuria sine dantnutn are two different principles of law”. Comment briefly. (09/II/4b/20)
“The Indian Penal Code extends protection to acts done by misfortune under certain circumstances.” Discuss. (11/II/1c/15) 63 (Main) Law—Topic Wise Paper
“Before a person can recover for loss which he suffered from another person’s act, it must be shown that his case falls within the class of actionable wrongs.” Discuss. (11/II/1d)/15)