UPSC IAS Mains 2002 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) If the words “All minorities “in Article 30 of the Constitution of India
are replaced by the words, “All sections of citizens having distinct language or
religion “, what fundamental rights of the minorities would be affected?
(b) Can Parliament of India make laws on the entries in the State List? if so,
in what circumstances?
(c) Elucidate the constitutional procedure for electing President of India.
(d) What is the nature of the Indian Constitution? Do you think it is a Federal
(a) Discuss any one theory developed by the Supreme Court of India under
Article 21 of the Constitution of India for compensation to the victims.
(b) Justify the contemporary economic liberalisation reforms on the basis of
(a) Outline any three constitutional provisions that ensure
non-discrimination against any State by the Centre.
(b) Schedule-Ill provides for an oath of Secrecy by a Minister. Can a Chief
Minister administer such an oath to a non-minister in order to facilitate him
with access to all government documents? Give reasons.
(a) Outline the methods of Parliamentary control over delegated legislation.
(b) Illustrate the doctrine of ‘Nemo judex in causa sua’ (no one should be a
judge in his own cause) as an effective rule of natural justice.
Section - B
5. Answer any three of the following (each answer should be in about 200
(a) If we examine the ‘opinions’ on the definition of International Law, we
are inclined to ask: ‘What is so international in the so-called International
(b) Discuss State responsibility in respect of the act of multinational
corporations on the basis of the Bhopal Gas Leak case.
(c) ‘The legal regime of the Continental Shelf has undergone profound changes.’
What is the present concept of Continental Shelf?
(d) What steps, within the framework of International Law do you suggest India
should take to eliminate state sponsored cross-border terrorism?
(a) Make out a case in favour of or against (any one) terminating diplomatic
relations with a country during the state of hostilities.
(b) What will be the eclipsing reach of the proposals in the WTO and the GATT
Final Act on the Municipal law in India?
(a) Spell out the fundamental principles of the UNCTAD Charter of Economic
Rights & Duties.
(b) ‘Looking to the alarming transnationalisation of crimes, the idea of
International Criminal Law and such Criminal Court appears attractive, but it
has heavier limitations.’ Please comment.
(a) Spell out the composition, functions and objectives of the I.L.O. How is
the International Labour Code adopted by nations? What is the effect of this
code on India’s Labour Laws?
(b) What are the methods of settlement of disputes under International Law? Can
use of force be one of the methods? Discuss.
Section - A
1. Critically examine any three of the following statements with reasons
and examples in not more than 200 words in each case:
(a) A corporation aggregate cannot be fastened with criminal liability.
(b) The defence of irresistable impulse has frequently been rejected in charges
(c) It is not at all in doubt that the proof of existence of guilty intent is an
essential element in a crime under common law.
(d) The offence of riot is not committed unless all the five elements are
2. Explain whether any offence is committed in the following instances and
under what circumstances? Give reasons. Do not write more than 100 words in each
case. Answer any Six questions:
(a) X husband of W, cohabits with Z.
(b) A cheque issued by X on his Bank having knowledge about insufficient funds
in his account.
(c) X burns a share certificate of Z due to which she suffered mental agony in
addition to financial loss.
(d) X shakes his fist at Z so as to cause reasonable apprehension in the mind of
Z that she would be hit.
(e) X has sexual intercourse with his wife without her consent.
(f) X finds a valuable ring on the street and immediately sells the same for
using the money to buy a computer.
(g) X sells the estate of which he is not the owner and executes a conveyance
deed in favour of the purchaser.
(h) X takes Y a girl of 13 years of age without her knowledge to Mumbai to send
her to Dubai to handover for marriage to a sekh over there and dispatches her to
Dubai for the above purpose.
(a) Distinguish the following two incidents and point out regarding wrong, if
any, which has been committed in these incidents. Distinguish in the context of
the nature and composition of these wrongs:
(i) The Municipality permitted a political party to hold a meeting in a public
park blocking a busy road. X wanted to go to Y’s house crossing the road but was
not allowed. There was no other way to go to Y’s house.
(ii) A customer was suspected of having committed a theft in the departmental
store by the staff. She was detained by the Manager for 2 days in a Store-room.
(b) Distinguish the wrong committed in the following two incidents and also
(i) X circulated a handbill to his neighbours alleging that Y became the
Chairman of the Village Panchayat by paying money to the members of the
(ii) X goes on informing his community members in many families that Ms Y is not
chaste as many people have been her in the company of different people at
(a) ‘Prevention of Corruption Act, 1988 has many lacunae leading to
undesirable consequences, which call for immediate requisite amendment to the
Act.’ - Critically examine the above statement and suggest reasons for such
amendment, if any.
(b) To know whether a person occupies the position of an agent or not, the law
has to go by his functions and the substance of the transaction and not the
Section - A
5. Answer any three of the following in not more than 200 words each:
(a) Law relating to coercion and undue influence has a feature in each which
is uncommon to the legal system as a whole. Explain with illustrations.
(b) Legal framework of offer and acceptance does not favour protection of
consumers interests. Critically examine with illustrations.
(c) There is a very limited application of law relating to agreement in
restraint of trade in India. Critically exmine the statement and suggest the
area of limitations.
(d) Even where the party seeking recession is not in a position to restore to
the defendant his status quo ante, the courts may allow by doing what is
practically just in the circumstances.
(a) How do you distinguish the nature and features of the following
(i) A agree to buy a motor-cycle from M/ s Eastern Traders on terms that on
delivery of the motorcycle to A, A will pay the price in instalments along with
interest for the motor-cycle in 24 monthly instalments.
(ii) M/s Eastern Traders agrees to give possession of a motorcycle to A on terms
that A would pay down Rs. 5,000 and thereafter Rupees Three Thousand every month
for 12 months. After the payment of all instalments only the vehicle would be
registered in the name of A.
(b) There is a possibility that a minor admitted to the benefit of
partnership may not know long after his attaining majority that he is admitted
to the benefits of partnership. Hence the principle of equity may adversely
affect the interest of the minor. Critically examine the statements and justify
(a) What conditions an instrument must possess to become negotiable? How do
negotiability from endorsement? Explain with illustrations, (b) What is unfair
trade practices? Explain why the following transactions are or are not unfair
(i) selling renovated goods as original;
(ii) exaggerating usefulness of a product;
(iii) suggesting a trade name for the product, which belong to another.
(a) Discuss the rights and obligations of undisclosed principal and his agent
vis-a-vis the other party to the contract, (b) ‘The Arbitration and Conciliation
Act, 1996 contains provisions for effective use of Arbitration as an alternate
model of justice.’ -Do you agree? Explain your answer with suitable