UPSC IAS Mains 2006 Law (Paper -1 & 2) Optional Question Paper

Exam Name: IAS Mains

Year: 2006

Subject: Law (Optional)

Paper-I

Section - A

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

(a) “In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law in a republic while the other, to the whim and caprice of an absolute monarch.” Elucidate with the help of constitutional provisions & judicial decisions.
(b) “Fundamental duties are only ethical and moral duties and should not form a part of the fundamental law.” Comment.
(c) “The issue of parliamentary privileges has been bone of contention and conflict between the Parliament and Judiciary.” Critically examine in the light of the decided cases.
(d) “The concept of natural justice is elastic and is not susceptible to precise definition.” Do you agree with this statement? Explain the concept of natural justice with the help of case-law.

2.

(a) “Directive principles of state policy are not enforceable in the Court of Law but, nevertheless, they are fundamental in the governance of the country.” Discuss this statement with the help of decided cases.
(b) “Collective responsibility is the very basis of the Parliamentary system of government.” Do you agree with this statement? What has been the impact of coalition politics on the doctrine of collective responsibility?

3.

(a) “The Constitution has imposed an obligation on the Union to ensure that the Government of every State is carried on in accordance with the provisions of the Constitution. In order to enable the Union if to carry out this obligation the Constitution has conferred adequate powers on it.” Elucidate. Also discuss the safeguards against misuse of Article 356.
(b) What Constitutional safeguards are available to civil servants under the Constitution of India? Explain the circumstances under which a civil servant can be dismissed from service without holding a regular inquiry against him.

4.

(a) “Essential legislative functions cannot be delegated.” Explain with the help of case-law. Also discuss the technique and utility of legislative control of delegated legislation.
(b) How far the Governor of a State is bound to act with the advice of his Ministers? What functions are required by the Constitution to be exercised in his discretion?

Section - B

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

(a) Do you agree with the view that “International Law is merely a positive morality”? Discuss the nature of International Law.
(b) “Asylum ends where extradition begins.” Explain fully.
(c) “In the eyes of International Law treaties are meant to be kept. Their obligation is perpetual.” Comment.
(d) “A State is, and becomes, an international person through recognition only and exclusively.” Discuss. Is there any duty under International Law to recognise a State?

6.

(a) “The establishment of compulsory jurisdiction of the International Court of Justice is essential for the maintenance of international peace and security.” Comment. Why are countries generally reluctant to accept the compulsory jurisdiction of the Court?
(b) Discuss the basis of State jurisdiction. What are the exemptions to the territorial jurisdiction of State?

7.

(a) “Arbitration is the most efficacious mode of settlement of international disputes.” Elucidate. Discuss the advantages and disadvantages of arbitration as a method of settling international disputes.
(b) What is the role of the United Nations in the promotion and protection of Human Rights? How far the Universal Declaration of Human Rights has been successful in creating a human rights culture?

8.

(a) “WTO aims at progressive liberalisation of , world trade in goods and services and protection of intellectual property rights.” Explain. How WTO is a facility extending the institutional structure of GATT?
(b) Discuss the legality of the use of nuclear weapons in International Law.

Paper-II

Section - A

1. Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with the help of legal provisions and decided cases :

(a) “An abetment of an offence being a complete offence by itself, an attempt of abetment of an offence is also an offence.” Examine.
(b) “Compensation to the victims of crime in India is the vanishing point of criminal jurisprudence.” Comment.
(c) What are liquidated damages and when are they awarded?
(d) “In tort the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him.” Examine.

2.

(a) “To constitute the offence of conspiracy there must be an agreement of two more persons to do an act which is illegal or which is to be done by illegal means for one cannot conspire with oneself.” Discuss.
(b) An assistant sub-inspector A and a head constable B barged into the house of C, a businessman where he (C) was playing cards along with his six friends. A and B directed the card players to take out their wallets, threatening to take them to the police station. Apprehending registration of a case under the Gambling Act, all of them parted with Rs. 10,500/-in all. What offence have A and B committed?

3.

(a) Discuss the rule of strict liability with the help of relevant case law. Is there any difference between strict liability and absolute liability?
(b) A, the owner of a mill, was getting water for his mill from a stream which was naturally flowing near the mill of A. B, the owner of another mill, dug an extensive well which hindered the flow of water to A’s mill. Is B liable for a tort? Give reasons to support your answer.

4.

(a) The Supreme Court of India in a recent judgement pronounced, “Doctors cannot be held criminally liable under Section 304 A of the Indian Penal Code unless they are ‘grossly’ rash of negligent in performing their duties”. Is the judgement in favour of doctors or is it against the poor and illiterate patients in our country? Give your views with reasons.
(b) What are the ‘Civil Rights’ as defined by the Protection of Civil Rights Act, 1955? Enumerate the offences prescribed under the Act.

Section - B

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

(a) “Insufficiency of consideration is immaterial but an agreement without consideration is void.” Comment.
(b) Distinguish an offer from a quotation or an invitation to an offer with the help of illustrations.
(c) Is a party rightfully rescinding the contract entitled to compensation? Explain. with the help of examples.
(d) “Any material alteration of a negotiable instrument renders the same void.” Discuss.

6.

(a) “Agency in law connotes an authority or capacity in one person to create legal relations between a person occupying the position of principal and third parties.” Critically discuss the concept of ‘agency’. Explain the duties of an agent to principal.
(b) X, a wholesale cloth dealer, appoints Y as his agent for the sale of cloth on the basis of 5% commission on the sale made by him. Y had an agreement with his principal X that he could retain part of the same amount of goods to adjust the commission due to him. X terminates the agency of Y. Y refuses to hand over the cloth in his possession to X, and claims that he is vested with authority coupled with interest and that agency cannot be terminated. Decide.

7.

(a) What are the circumstances under which a party to a contract can plead impossibility as an excuse from performing his contractual obligation?
(b) (i) “Though a minor cannot be a partner in a firm, but he may be admitted to the benefits of the partnership.” Explain the rights and liabilities of a minor in the light of this statement.
(ii) There are two partners in a firm. One of them dies. Will it result in dissolution of the firm?

8.

(a) “If you contract to sell peas, you cannot oblige a party to take beans. If the description of the article tendered is different in any respect it is not the article bargained for, and the other party is not bound to take it.” Comment.
(b) (i) State the procedure laid down in the Arbitration and Conciliation Act, 1996 for conciliation in the family disputes.
(ii) Discuss the essentials of hire-purchase agreement.

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