(Download) UPSC Mains 2014 Optional Exam Papers (Law Paper -
1 & Paper - 2)
Subject: Law (Paper -
1 & Paper - 2)
Exam Date: 19th December 2014
File Type: PDF
Paper – I
Section – A
1. Answer the following (each answer should be in about 150 words):
(a) What do you think the form/nature of our Constitution – Federal, Unitary
or Quasi-federal? The Members of the Drafting Committee call it federal, but
many others would this title. Critically examine the statement. 10
(b) What is ‘Constitutionalism’? Explain the said concept both in its negative
and positive aspects in the context of India’s tryst with ‘Constitutionalism’
and ‘Constitutional Governance.’ 10
(c) Article 13 makes the judiciary, and especially the Apex Court, as a
guardian, protector and the interpreter of the fundamental Rights. It confers a
power as well as imposes an obligation on the Courts to declare a low void if it
is inconsistent with a Fundamental Rights. Discuss. 10
(d) Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court
as expounded by it. 10
2.
(a) The concept of ‘Reasonable Opportunity’ being a constitutional limitation
on the doctrine of ‘Tenure Pleasure’, Parliament of State Legislature can make a
law defining the content of ‘Reasonable Opportunity’ and prescribing procedure
for affording the said opportunity to the accused government servant. Explain
the concept with reference to leading cases.20
(b) Explain and elucidate the meaning of the ‘Right to personal liberty’ as
interpreted by the Supreme Court in Papanasam Labour Union v. Madura Coat Ltd.
AIR 1995 S.C. 2200. Analyse critically the guidelines prescribed by the Hon’ble
Supreme Court in this respect.
(c) Define the term ‘public servant’. Also discuss the recruitment procedure of
public servants in India. 15
3.
(a) Examine the elucidate the constitutional scope of the Ordinance making
power of the President and the Governors in India. 20
(b) A backward class cannot be identified only and exclusively with-reference to
economic criterion. A backward class may, however, be identified on the basic of
occupation-cum-income without any reference to caste. There is not
constitutional bar in the State categorizing the backward classes as ‘backward’
and ‘more backward’. Do you agree with the statement? Give reasons. 15
(c) What is ‘Public Interest Litigation’? What are the major facets of this form
of ligation? Also discuss the limitations of this type of litigation. 15
4.
(a) Define the distinguish between ‘Constituent power’, ‘Amending power’ and
‘Legislative power’. Give illustrations. 20
(b) Do you agree with the statement that “all human rights are fundamental
rights protected and recognized by the Constitution of India”. Discuss with
reference to statutory provisions and case laws. 15
(c) Enumerate the fundamental duties as provided in the Constitution of India.
Also discuss the rationale behind the incorporation of fundamental duties in the
Constitution of India later on. 15
Section B
5. Answer the following (each answer should be in about 150 words):
(a) It is impossible to fix a precise data or period in history to mark the
beginning of International Law as it predates recorded history. Critically
examine the history, nature, scope and relevance of International Law in
Contemporary International Society. 10
(b) International Law set little or no limitation on the jurisdiction which a
particular State may arrogate to itself. Explain the nature and scope of ‘State
Jurisdiction’. Critically examine the principles of ‘State Jurisdiction’. 10
(c) Recognition confers the legal status of a State under International Law upon
the entity seeking recognition. Important legal effects are being derived from
recognition. Critically examine the statement. 10
(d) International Treaties are agreement of contractual character between Status
or organization of States creating legal rights and obligations between the
parties. Examine the statement critically and explain the growing importance of
Treaties in Modern International Law. 10
(e) What do you understand by the concept ‘Diplomacy Immunity’? What rules are
provided under International Law in this respect? Discuss. 10
6.
(a) Explain the concept of ‘International Humanitarian Law’. How can it be
achieved? Critically examine the role of ‘The Hague’ and ‘The Geneva Convention’
in the development of Modern International Humanitarian Law. 15
(b) ‘In several respect the TRIPS Agreement goes beyond the traditional GATT
approach and further develops the ‘law of International Trade’. Examine the
important achievement of the Agreement on Trade Related Aspects of Intellectual
Property Rights (TRIPS). 15
(c) What is ‘fishery zone’? How it is different from ‘Exclusive Economic Zone’?
Do you agree with the statement that ‘a coastal state has a special interest in
the maintenance of the productivity of the living resources in any area of the
high seas adjacent to its resources in any area of the high seas adjacent to its
territorial sea’? Elucidate. 15
7.
(a) What are the objectives, structure and functioning of World Trade
Organization? Does signing and ratifying WTO undermine the Parliamentary
Autonomy of India? Discuss. 20
(b) Trace the development of International Law relating to sovereignty over
air-space. Critically examine the scope of legal control of use and abuse of
outer space. 15
(c) Define intervention and mention the grounds under which it is justified.
Also throw light on the violations of this principle of International Law. 15
8.
(a) Define the concept of ‘opposability’ in the context of relationship
between International Law and Municipal Law. Also discuss the relevance of this
concept in modern times with special reference to India. 15
(b) What is the importance and meaning of ‘Base Line’ under UN convention of Law
of Sea 1982? How is it determined? 15
Paper II
Section – A
1. Answer the following in about 150 words each. Support your answers with
legal provisions and judicial pronouncements: 10 × 5 = 50
(a) What is meant by right of private defence? What are the general
principles which form the basis of right of private defence? 10
(b) Discuss various stage of crime. How is the stage of attempt punishable under
the Indian Penal Code? 10
(c) “The maxim is ‘volenti non fit injuria’ and not ‘scienti non fit injuria’.”
Explain. 10
(d) “A tort is a specie of civil wrong.” Examine the definition and ad other
feature s to make it comprehensive. 10
(e) “Prevention of Corruption Act, 1988 is an important legislation to safeguard
democracy in India.” Discuss. 10
2.
(a) What are the constituent elements of crime? Elaborately discuss mens rea
with relevant case law. 20
(b) ‘A’ assaulted his wife kicking her repeatedly on non-vital parts or her
body. She felt down and became unconscious. In order to create an appearance
that she had committed suicide he took up the unconscious body and thinking it
to be a dead body hung it up by a rope. The post mortem examination showed that
death was due to hanging. With the help of decided cases determine the
culpability of A. 20
(c) “The abetment of the illegal omission of an act may amount to an offence
although the abettor may not himself be bound to do that act.” Explain and
illustrate. 10
3.
(a) “Criminal breach of trust and cheating are two distinct offences
generally involving dishonest intention but mutually exclusive and different in
basic concept.”
Explain with the help of decided cases. 20
(b) “Distinction between death caused by rash or negligent act under section
304-A and culpable homicide not amounting to murder section 304 of the Indian
Penal Code is fine, but if overlooked, can result in grave injustice.” Discuss.
20
(c) “The age of a child must be considered in deciding whether it has been
guilty of contributory negligence.” Discuss and refer to case law. 10
4.
(a) “Although the decision of the Supreme Court in Kasturi Lal v. State of
U.P. has not been overruled as such, yet for all practical purposes its forces
has been considerably reduced.” Elucidate. 20
(b) W, wife of A was diagnosed to be suffering from toxic Epidermal Necrolysis.
Doctor D was consulted who prescribed a long acting Cortico steroid ‘Depomedrol’
injection at a dose of 80 mg twice daily. Despite administration of this
medicine her condition deteriorated rapidly and she died within a week. On
expert opinion, it was found that the line of treatment followed by D is not
supported by any school of medical thought and is in sheer ignorance of a basic
hazard relating to use of steroids. A files a complaint in Consumer Forum
claiming Rupees 75 lakhs as damages for death of his wife W. D objects to the
jurisdiction of the Consumer Forum and also plead lack of negligence on his
part. Decide. 20
(c) “It is not necessary that in all cases of tort of defamation there must be a
loss of reputation of the plaintiff.” Explain and illustrate. 10
Section – B
5. Answer the following (answer to each part must not exceed 150 words).
Support your answer with relevant legal provisions and decided cases: 10 × 5 =
50
(a) If a contract is broken, the law will endeavor so far as money can do it,
to place the injured party in the same position as if the contract had been
performed.
Explain the above statement and discuss the principle court follows for
assessment of damages. 10
(b) “The procedure and qualifications for appointment of chairperson and members
of Cyber Appellate Tribunal have been introduced to keep up the standards of
Justice.” Comment. 10
(c) Arbitration, as an alternate method of adjudication is acceptable to parties
largely irrespective of the fact that access to court by the parties has been
curbed drastically under the Arbitration and Conciliation Act, 1996. Explain. 10
(d) The actual concept of partnership from ‘people sharing to the profit’ to
‘mutual responsibility’ was the outcome of the decision in Cox V. Hickman case.
Elaborate. 10
(e) “The liability of sub-agent towards principal is not direct, except in case
of fraud and willful wrong.” Explain giving reasons. 10
6.
(a) X and Co. in its prospectus represented that A, B and C would be the
direction of the company. This was true and on the basis of this P and Q applied
for shares. However, before the allotment took place, there were changes in
directions. Is the allotment of P and Q subject to their choice or it stands
cancelled due to change in directions? Discuss. 10
(b) A, stands as surety for the good conduct of B, who is employed in a Bank on
a monthly salary of Rs. 1600. Three months after the financial position of the
bank deteriorated B, agreed to accept a monthly salary of Rs. 1500. Two months
after, it is discovered that B has been misappropriating cast all through. What
is the liability of A as surety under the Indian Law? 20
(c) Judiciary in India is impartial, hence cannot be influenced by internal or
external factors. In the light of this discus how far media transgresses its
limit and attempts to influence the judicial process. 20
7.
(a) “Copyright is the right of the artist, author, producer of a film who
have created a work by use of their artistic skills.” Examine infringement of
copyright particularly relegating to video piracy and the remedies available
under the law. 20
(b) The doctrine of “Public Trust” as propounded by Supreme Court has worked as
an instrument for protection of Environment in India. Discuss. 15
(c) Explain the scope of rule of “Caveat Emptor” in the expanding law of
consumer protection. 15
8.
(a) “Right not to complete” is aright meant for promoting business through
small groups called firms. Explain. 20
(b) “By and large Lok-Adalats have failed in achieving the objects for which
they were created.” Comment. And also suggest some measures to make this
institution more effective. 10
(c) Cyber-terrorism is a well organized transborder criminal act, hence a
combined domestic law supported by a Global law may help to address the problem.
Discuss. 20
Given
Parliament’s importance in deliberating the legislation and scrutinising the
work of the government through debates, one hopes the washed out monsoon session
was an aberration.
