UPSC IAS Mains 2001 Law (Paper -1 & 2) Optional Question
Exam Name: IAS Mains
Subject: Law (Optional)
Section - A
1. Answer any three of the following (each answer should be in about 200
(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
(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.
(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
(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.
(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.
(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:
Section - B
5. Answer any three of the following (each answer should be in about 200
(a) “International law has progressed by leaps and bounds; yet the
theoretical controversy about the nature of international law is far, from
(b) Do you agree with the view that voting procedure stated in Article 27 of the
UN Charter has destroyed the efficiency of the Security Council? Discuss.
(c) Highlight the significance of “judicial decisions” as a source of
(d) Discuss the extent and scope of the doctrine of “forum prorogatum”.
(a) “The relationship between international law and municipal law has posed a
difficult problem to municipal courts, namely to what extent may such courts
give effect within the municipal sphere to rules of international law.
Clearly examine the criterion which has been adopted by municipal courts to
resolve this issue.
(b) Assume that as part of continuing bilateral treaty making with its
neighbours, India agrees to cede certain parts of its territory to Pakistan and
to lease certain parts to Bangladesh. How should these agreements be ratified to
be binding under international law?
(a) Discuss the position of an individual under the European Convention on
Human Rights. in what way has the position of an individual been further
improved by the convention? Examine in the light of lawless case, (b) A private
Korean ship delivered some narcotics and philanthropic drugs to an Indian
national near Madras, well within the territorial waters of India. The Indian
coastguards came to know about it and chased the Korean ship which started
moving in full speed towards Colombo. Before it could be captured by the Indian
coastguards, the ship entered the Sri Lankan territorial waters. Indian guards
entered the Sri Lankan waters, captured the Korean ship and brought it to
Indian. The Sri Lankan Government protested. Discuss the legal position of India
under international law in relation to the right of hot pursuit.
8. Write explanatory notes on the following:
(a) Recognition of a State and Recognition of a government
(b) Anglo-Norwegian Fisheries case and the Straight base-line method.
(c) Exclusive Economic Zone (EEZ) and Contiguous Zone.
Section - A
1. Answer any three of the following (answer to each question must not
exceed 200 words):
(a) “Nothing is an offence which is done by a person who is bound by law to
do it.” Discuss.
(b) “ Mere medical insanity is not a valid defence under the Indian Penal Code
but legal insanity is.” Discuss.
(c) “Whenever there is a breach of duty there is a cause of action in tort.”
(d) “Where damages cannot be precisely calculated in terms of money, the court
may take into account the motives and conduct of the defendant, and where these
aggravate the plaintiffs injury the damages will be correspondingly increased.”
(a) “The law of criminal conspiracy insists on an agreement between two or
more persons whereas in abetment by conspiracy a mere - engagement between them
may be sufficient.” Discuss.
(b) ‘A’ intentionally attacks ‘B’. While doing so ‘A’ does not know that ‘B’ is
suffering from an enlarged appendix. The blow falls on the appendix as a result
of which the appendix bursts and ‘B’ dies. Discuss A’s liability.
(a) “In the tort of negligence the question as to whether the defendant has
acted as a reasonable man or not depends on many factors.” Discuss.
(b) The defendant establishes a flour mill in the heart of a city adjacent to
the plaintiff’s house in a residential area. Running of the mill causes
vibrations to the house and unpleasant noise. The plaintiff uses the defendant
and claims damages and injunction. The defendant argues that he has a freedom to
establish his own trade and business and that his flour mill is also beneficial
to a large number of residents in the area. Decide.
(a) “Whether a public servant is guilty of criminal misconduct under the
Prevention of Corruption Act, 1988 or not is not an easy question for the courts
to determine.” Discuss.
(b) Explain the meaning of ‘consumer’ and ‘service’ under the Consumer
Protection Act, 1986.
Section - B
5. Answer any three of the following (answer to each questions must not
exceed 200 words):
(a) “The test of contractual intention is objective, not subjective.”
(b) “An act done at the promisor’s desire furnishes a good consideration for his
promise even though it is of no significance or personal benefit to him.”
(c) “There are definite rules for ascertaining the intention of the parties as
to time when the property in the specific goods is to pass to the buyer.”
(d) “Once a bearer instrument is always a bearer instrument.” Discuss.
(a) “An agency coupled with interest cannot be terminated in the absence of
an express contract.” Discuss. Also discuss as to when is an agency irrevocable.
(b) ‘A’ sold 100 bales of cotton to ‘B’ for a sum of Rs. 50,000. ‘A’ had not
received the payment of the price but he sent the railway receipt to ‘B’ without
reserving his right of disposal. ‘B’ immediately endorsed the railway receipt to
‘C, a bonafide purchaser for value. ‘B’ became insolvent before the goods could
reach their destination. ‘A’ exercised his rights of stoppage of goods in
transit. Discuss the title of ‘C over the goods.
(a) Distinguish between partnership by estoppel and partnership by holding
out. Discuss the chief ingredients of Section 28 of the Indian Partnership Act.
(b) The defendant husband and his wife lived in a suite of a hotel where he was
the manager and the wife acted as manageress. They had no domestic establishment
of their own. The wife incurrent with a tradesman a debt for clothes, payment of
which was demanded from the husband. Discuss the liability of the husband to pay
off the debt.
(a) Discuss the circumstances in which a bill of exchange is said to be
dishonoured. What are the consequences of such dishonour?
(b) Define and explain “ international commercial agreement” and “arbitration
agreement” under the Arbitration and Conciliation Act, 1996.