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.

4.

(a) “In murder cases sentence of imprisonment for life is the rule and death sentence an exception”. Discuss.
(b) Discuss in detail the meanings of ‘complaint’ and ‘unfair trade practice’ under the Consumer Protection Act, 1986.Are these definitions satisfactory and in consonance with the spirit of this Act?

Section - B

5. Answer any three of the following (answer to each question must not exceed 200 words):

(a) “Jurisdiction of a court to decide disputes arising out of contractual relations cannot be ousted by an agreement between the parties.” Discuss.
(b) “A deceit which does not deceive is no fraud.” Discuss.
(c) “A cheque marked ‘not negotiable’ is nevertheless negotiable.” Discuss.
(d) “The right of stoppage of goods in transit is the rule of natural justice and is recognised in sale of goods”. Discuss.

6.

(a) Discuss in detail the principle of promissory estoppel and its application in respect of contractual obligations. Explain the position of this principle as against the Government and its agencies.
(b) ‘A’ makes an offer to purchase goods in possession of ‘B’ who is the agent of ‘C but who has no authority to make any contract of sale. The offer is accepted by ‘B’ on behalf of ‘C. ‘B’ writes to ‘C for ratification of the contract. Before the ratification ‘A’ withdraws the offer, ‘C ratifies the contract made by ‘B’. Has the contract come into existence in this case? If ‘B’ repudiates the contract before ‘C comes to know of it, and subsequently ‘C ratifies the contract and sues to enforce it, what will be the consequences?

7.

(a) Examine the reasons which make it necessary that there should be a concept like “holder in due course” in the law of negotiable instruments. State the characteristics of a “holder in due course” and his privileges and protections under the Negotiable Instruments Act, 1881.
(b) A offers to sell his machinery to ‘B’ for a fixed price. ‘B’ agrees to buy the same subject to the condition that ‘A’ should get it repaired in order to put it into its running condition. ‘A’ replies that ‘B’ should himself get the machinery repaired and pay him the agreed price less the actual cost of repairs. While being repaired, the machinery is destroyed without any fault of the mechanic. ‘A’ sues ‘B’ for the price of the machinery. Will he succeed?

8.

(a) What is meant by “Reconstitution of a firm”? In what circumstances can a partnership firm be reconstituted? Refer to the relevant statutory provisions and the decided cases in your answer.
(b) How is an Arbitral Tribunal constituted? On what grounds and under what procedure can an appointment of an arbitrator be challenged?

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