UPSC IAS Mains 2001 Law (Paper -1 & 2) Optional Question Paper

Exam Name: IAS Mains

Year: 2001

Subject: Law (Optional)

Paper-I

Section - A

1. Answer any three of the following (each answer should be in about 200 words):

(a) What fundamental right if any, of a person is violated if the State acts in pursuance of either Article 15(4) or 16(4) of the Constitution of India?
(b) “The doctrine of pith and substance introduces a great degree of flexibility into the otherwise rigid scheme of distribution of legislative powers in the Indian Constitution.” Elucidate.
(c) Discuss the relationship between Article 29 and Article 30 of the Constitution.
(d) “There is no abdication, surrender of legislative function so long as the legislature has expressed its will on a particular subject matter, indicated its policy and left effectuation of policy to subordinate agency.” Discuss.

2.

(a) In order to make the best use of the limited resources in the country and to meet certain demands of the journalists and other workers in the newspaper industry; the government plans to enact a law which
(i) fixes the minimum wages for all the journalists and workers,
(ii) declares Sunday and all other national holidays as compulsory holidays for the newspaper industry;
(iii) requires the newspapers to allocate certain percentage of news space to pressing socio-economic issues facing the country; and
(iv) prohibits certain kinds of advertisements , particularly those which make indecent depiction of women.
Your advice is sought by the government on the constitutionality of such legislation visa-vis Article 19(1) (a). Give your advice with reference to decided cases.

(b) Except in cases where the requirement has been dispensed with expressly or by necessary implication an administrative authority exercising judicial or quasi-judicial functions is required to record the reasons for its decisions.

Examine and discuss whether administrative authority must record reasons for its decision when performing administrative function.

3.

(a) Critically examine the statement that though Maneka Gandhi V. Union of India has made a great advancement towards the understanding and application of the Fundamental Rights in our Constitution it has not been able to make much difference either to the preventive detentions or towards ensuring the due process of law. (b) In order to cure the heavy under-representation of the Schedules Castes and the Schedules Tribes in the State services even after fifty years of the Constitution, a State wants to make a scheme, which may remove this imbalance within a period of five years. Advise the State about the steps that it may take under the Constitution for this purpose.

4.

(a) “The recent judicial pronouncement on the question of the appointment of the judges of the Supreme Court and the High Courts is dominated by the emphasis on integrated participatory consultative process for selecting the best and most suitable persons available for the appointment.” Elucidate the above statement highlighting the norms laid down by the Supreme Court for appointment of the judges of the Supreme Court and the High Courts and for transfer of the judges of the High Courts,
(b) Discuss the nature and the scope of the following writs:

UPSC IAS Mains 2000 Law (Paper -1 & 2) Optional Question Paper

Exam Name: IAS Mains

Year: 2000

Subject: Law (Optional)

Paper-I

Section - A

1. Answer any three of the following (each answer should be in 200 words):

(a) “The Indian Constitution is essentially federal in character, though it tends to be unitary at times.” Comment.
(b) What are the discretionary powers of the Governors of States? Why is there no provision in the Constitution for impeachment of a Governor? Explain.
(c) Explain the provisions relating to protection and improvement of environment in our Constitution with special reference to the role of judiciary in this regard.
(d) “The question today is not whether there should be delegated legislation, but subject to what safeguards it should be resorted to.” Critically examine the statement.

2.

(a) “The Supreme Court in Maneka Gandhi’s case has revolutionised the law relating to ‘personal-liberty’ under Article 21 of the Constitution.” Explain with illustration,
(b) Examine critically the relationship between the Fundamental Rights and the Directive Principles of State Policy in the light of decided cases and the constitutional amendments.

3.

(a) Assuming that the Parliament, under Article 368 of the Constitution, passes the following constitutional amendments:
(i) Religion is a matter of personal faith. Its propagation in any form is strictly prohibited.
(ii) Article 16(4) of the Constitution empowering the state to make reservation in services under the state in favour of backward class of citizens is completely deleted. Discuss whether these amendments are likely to be held valid.
(b) “Article 311(2) lays down that a civil servant cannot be dismissed or removed or reduced in rank unless he has been given a reasonable opportunity to show cause against the action proposed to be taken against him.” Critically examine the statement with reference to the Constitution (Forty-Second Amendment) Act, 1976.

4.

(a) The Transport Commissioner is the Director, ex-officio of the Karnataka State Road Transport Corporation (KSRTC) which is responsible .for the operation and management of the transport undertakings of the Corporation. The Transport Commissioner is simultaneously Chairman of the KSRTC Authority which has power to grant/refuse stage carriage permits. In this case, private bus operators had applied for renewal of their stage carriage permits in respect of various routes. At the same time, KSRTC also applied for fresh stage carriage permits in respect of the same routes. Examine with reference to the relevant provisions of the Administrative Law, whether the Commission can be restrained from exercising his power. Give reasons for your answer.

(b) The Civil Surgeon had issued an advertisement for a training course in midwifery at the District Hospital. The advertisement had a clause “Married women candidates must enclose along with their application their husband’s written permission for pursuing the course.” The wife got the letter of consent from her husband and joined the course. The husband, however, had second thoughts and wrote to her and the authority saying she should return immediately as her not being there would disturb the family life and hence she would not be permitted to join. Thereafter the authority asked her to produce another letter of “no objection” from the husband. Examine with reference to the relevant provisions of the Constitution the validity of the order of the authority.