UPSC IAS Mains 2007 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 procedure would you suggest to the Government of India where under
an agreement between the Government of India and a neighbouring foreign country
a small portion of Indian territory comprised in State Y has to be ceded to the
above foreign neighbouring country?
(b) “The doctrine of pith and substance introduces a degree of flexibility into
the otherwise rigid scheme of distribution of legislative power under the Indian
Constitution.” Justify this statement with the help of case law.
(c) “The Constitution of India is not true to any traditional pattern of
(d) What is the meaning of ‘Freedom of Press’ under the Indian Constitution? Can
the freedom of press be restricted by a law requiring the press owners to pay
minimum wages to the employees of the press? Decide.
(a) Examine and elucidate the scope and significance of Article 32 of the
Constitution in the context of Public Interest Litigation as expounded by the
Supreme Court in M. C. Mehta Vs. Union of India, AIR 1987 SC. 1086.
(b) When can the President’s Rule be imposed under Article 356 of the
Constitution? Is there any need to amend Article 356? What will be your
suggestion in this regard?
(a) Are these features in the Constitution of India that are basic or
fundamental to it? Would you subscribe to the proposition that the Parliament’s
competence to amend the Constitution is subject to the basic or fundamental
features of the Constitution? Elucidate.
(b) Discuss in detail the advisory jurisdiction of the Supreme Court of India.
Is the Supreme Court opinion binding on all courts?
4. Write short notes on the following :
(a) The doctrine of territorial nexus.
(b) Meaning of the term ‘Other Authorities’ under Article 12 of the Constitution
(c) Power of President of India to grant pardons, reprieves, etc. under Article
72 of the Constitution.
Section - B
5. Answer any three of the following (each answer should be in about 200
(a) “International Law is defined as ‘Vanishing point of Jurisprudence’.”
(Holland). Examine this viewpoint with reference to the nature of International
(b) Explain the doctrine of ‘Pacta sunt servanda’. What are the exceptions to
the above doctrine?
(c) How does the ICJ get jurisdiction over contentious disputes ? Can a state be
compelled to submit its dispute with another sovereign state without its
(d) What do you mean by the term ‘Subjects of International Law’ ? What are its
(a) Discuss the importance of International Customs as a source of
International Law. When does a usage crystallize into a custom?
(b) International practice supports the evidentiary theory as to the nature,
effect and function of recognition. Comment.
(a) Define ‘Continental Shelf and distinguish it from ‘Exclusive Economic
Zone’. Critically evaluate the rights and obligations of coastal states in the
Exclusive Economic Zone.
(b) Discuss the powers of the Security Council to investigate any ‘dispute’ or
‘situation’ inimical to international peace and security.
8. Write explanatory notes on the following :
(a) Territorial Sea
(b) International Criminal Court
(c) Jus Cogens
Section - A
1. Answer any Three of the following (answer to each question must not
exceed 200 words). Support your answer with legal provisions & decided cases:
(a) Describe the kinds of punishments to which offenders may be punished
under the provision of Indian Penal Code, 1960.
(b) What is meant by ‘extortion’? Explain its ingredients and distinguish
between ‘theft’ and ‘extortion’.
(c) The doctrine of “alternative danger” is the extention of the doctrine of
“contributory negligence”. Discuss.
(d) Distinguish between tortious liability and criminal liability!
(a) When an offence of ‘adultery’ is said to be committed? Whether a wife may
be punished for the offence of adultery as an abettor? Distinguish between the
offences of ‘rape’ and ‘adultery’.
(b) A with the intention in good faith of saving human life and property, in a
great fire, pulls down houses in order to prevent the conflagration from
spreading it. A pleads that the harm to be prevented was of such a nature and so
imminent as to justify or excuse his act. Decide, whether A has committed any
(a) “If a person brings or accumulates on his land anything which if it
should escape may cause damages to his neighbours, he does so at his peril.”
Discuss the above statement by referring the judicial pronouncements alongwith
the exceptions thereto.
(b) “Acts done with the intention of annoying a neighbour and actually causing
annoyance will be nuisance.” Comment. ‘A’, a music teacher, gives music lessons
at his residence. B, the neighbour, resides in the adjoining house, maliciously
causes discomfort to A, by hammering against the party wall, beating the trays,
whistling and shricking. A prays for an injunction against B, should he succeed?
(a) Discuss the composition and objects of Consumer Protection Council under
the Consumer Protection Act, 1986.
(b) Define and discuss the ingredients of “corruption” as given under the
provisions of the Prevention of Corruption Act, 1988.
Section - B
5. Answer any THREE of the following (answer to each question must not
exceed 200 words) :
(a) “All illegal agreements are void but all void agreements are not illegal.
(b) “A contract can not be enforced by a person who is not a party to it though
it is made for his benefit. He is a stranger to the contract and can claim no
rights under it.” Examine the above statement in the light of judicial
pronouncements stating the exceptions thereto.
(c) Explain the meaning of ‘free consent’ as an essential element of a valid
contract and enumerate the factors vitiating ‘free-consent’.
(d) What is meant by the doctrine of “supervening impossibility”? Under what
circumstances the “supervening impossibility” may arise?
(a) The general rules as regards to transfer of title is “nemo dat quod non
habet” (No one can give or transfer what he does not himself possess).
Critically examine the rule highlighting its exceptions in the light of
(b) Under what circumstances a partnership firm may be dissolved by the
intervention of the court.
(a) “Sharing of profits is not a conclusive evidence of the existence of
partnership firm.” Discuss and describe the essential elements to constitute a
(b) Discuss the rights of ‘unpaid seller’ against the goods as described under
the Sale of Goods Act, 1930.
(a) Who can make negotiable instrument? Whether a promissory note duly
executed in favour of minor is void? Give reasons.
(b) What is meant by ‘material alteration’ in the negotiable instrument? Under
what circumstances an alteration in the negotiable instrument may be treated as
material alteration under the-Negotiable Instruments Act, 1881? State the effect
of such alteration.