UPSC IAS Mains 2003 Law (Paper -1 & 2) Optional Question
Paper
Exam Name: IAS Mains
Year: 2003
Subject: Law (Optional)
Paper-I
Section - A
1. Answer any three of the following (each answer should be in about 200
words) :
(a) “Preventive Detention is the only exception carved out to the generally
accepted proposition that no person shall be deprived of his personal liberty
except in accordance with the procedure established by law”. Discuss the
safeguards evolved by the Judiciary for the protection of personal liberty of a
person detained under the law of Preventive Detention.
(b) “ While the implementation of the Directive Principles of the State Policy
is a pre condition for the enjoyment of Fundamental Rights, the destruction of
the Fundamental Rights will frustrate the realisation of the Directive
Principles.” Discuss.
(c) “One has to turn to the privileges of the House of Commons to ascertain the
Parliamentary privileges in India”. How far is this statement still correct?
Discuss.
(d) “One of the methods of control over the exercise of power of delegated
legislation is legislative overseeing of delegated legislation”. Discuss.
Highlight the legislative control over delegated legislation.
2.
(a) Explain the provisions made in the constitution of India for smooth
administrative relationship between the Union and the States. 30
(b) Article 136 does not confer a right of appeal on a party as such but it
confers a wide discretionary power on the Supreme Court to grant Special Leave
to Appeal in suitable cases. Discuss.
3.
(a) Briefly explain the principles of interpretation which have been upheld
in ascertaining the respective jurisdictions of Parliament and the State
Legislatures set out in Article 246 of the Constitution of India.30
(b) Discuss the constitutional safeguards in respect of dismissal, removal or
reduction in rank of persons employed in civil capacities under the Union or the
State. Do these safeguards override the “Doctrine of Pleasure” embodied in the
Constitution?
4.
(a) Critically examine the decisions of the Supreme Court from A.K. Gopalan
to Maneka Gandhi cases with special reference to “procedure established by law”.
(b) The powers under Article 226 confer a discretion of the most extensive
nature on the High Courts. But the very vastness of the powers conferred on the
High Court imposes on it the responsibility to use them with circumspection.
Discuss briefly the principles which would regulate the exercise of the
jurisdiction under Article 226.
Section - B
5. Answer any three of the following (each answer should be in about 200
words):
(a) Discuss the position of “individual” in international law.
(b) Explain Recognition of a State and Recognition of a Government.
(c) “The term ‘general principles of law recognised by civilized nation’ is very
wide and vague”. Comment in the context of Article 38(i)(c) of the Statute of
the ICJ.
(d) “The relationship between International Law and Municipal Law is one of co
ordination and interdependence”. Discuss.
6.
(a) The principle ‘Pacta sunt servanda’ has long been recognised as a
fundamental principle of International Law, which makes the treaty binding upon
the parties to it, and must be performed by them in good faith (Vienna
Convention). Explain.
(b) Explain the juridical basis of claim of a coastal state over the continental
shelf in the light of North Sea Continental shelf cases decision.
7.
(a) Discuss the concept of ‘sustainable development’ highlighting contents of
the Rio Declaration [UNCED] relating to protection of human environment.
(b) Comment on the ‘Legality of use or threat of atomic and nuclear weapons.
8. Write explanatory notes on the following:
(i) Self-defence
(ii) State sponsored terrorism
(iii) WTO and TRIPS
Paper-II
Section - A
1. Answer any three of the following (each answer should be in about 200
words) :
(a) “ Whenever an illegal omission of an act is abetted, the same may amount
to an offence although the abettor may not be bound to do that act.” Discuss.
(b) “An act which is done by one against his will is not his act.” Discuss.
(c) “It is the task of the law of tort to determine when the law will and will
not grant redress for damage suffered.” Discuss.
(d) “When a plaintiff acts as a reasonable and prudent man, he is entitled to
damages even though he selects the more dangerous alternative when confronted by
the defendant’s negligence.” Discuss.
2.
(a) “The question as how is a court to determine as to whether a bodily
injury intentionally inflicted by an accused is likely to cause death or not
depends on many factors.” Discuss.
(b) A boatman gets hold of gold ornaments from the body of a person who had
drowned. A police constable takes away the same after slapping the boatman. The
constable does not enter the same in the records and dishonestly keeps them with
himself. Discuss the criminal liability of the constable.
3.
(a) “Absence of knowledge that a matter is defamatory or absence of intention
to injure the plaintiff is, by itself, no excuse for the defendant in tort.”
Discuss.
(b) 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 uses the car owner in tort. Decide.
