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:

(i) Certiorari
(ii) Mandamus

Section - B

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

(a) “International law has progressed by leaps and bounds; yet the theoretical controversy about the nature of international law is far, from over.” Comment.
(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 international law.
(d) Discuss the extent and scope of the doctrine of “forum prorogatum”.

6.

(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?

7.

(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.

Paper-II

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.” Discuss.
(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.” Discuss.

2.

(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.

3.

(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.

4.

(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.” Discuss.
(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.” Discuss.
(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.” Discuss.
(d) “Once a bearer instrument is always a bearer instrument.” Discuss.

6.

(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.

7.

(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.

8.

(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.

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