(Syllabus) LAW- UPSC MAINS EXAM 2011

SYLLABI FOR THE EXAMINATION PART-B
MAIN EXAMINATION

LAW

PAPER - I

Constitutional and Administrative Law
1. Constitution and Constitutionalism: The distinctive features of the Constitution.
2. Fundamental rights – Public interest litigation ; Legal Aid ; Legal services authority.
3. Relationship between fundamental rights, directive principles and fundamental duties.
4. Constitutional position of the President and relation with the Council of Ministers.
5. Governor and his powers.

6. Supreme Court and High Courts:
(a) Appointments and transfer.
(b) Powers, functions and jurisdiction.

7. Centre, States and local bodies:
(a) Distribution of legislative powers between the Union and the States.
(b) Local bodies.
(c) Administ rat ive relat ionship among Union, State and Local Bodies.
(d) Eminent domain – State property – common property – community property.

8. Legislative powers, privileges and immunities.

9. Services under the Union and the States:
(a) Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals.
(b) Union Public Service Commission and State Public Service Commissions – Power and functions
(c) Election Commission – Power and functions.

10. Emergency provisions.
11. Amendment of the Constitution.
12. Principles of natural justice – Emerging trends and judicial approach.
13. Delegated legislation and its constitutionality.
14. Separation of powers and constitutional governance.
15. Judicial review of administrative action.
16. Ombudsman: Lokayukta, Lokpal etc.

International Law
1. Nature and definition of international law.
2. Relationship between international law and municipal law.
4. Law of the sea: Inland waters, territorial sea, cont iguous zone, cont inental shelf, exclusive economic zone, high seas.
5. Individuals: Nationality, statelessness; available for their enforcement.
8. United Nations: Its principal organs, powers, functions and reform.
9. Peaceful set t lement of disputes – different modes.
10. Lawful recourse to force: aggression, self-defence, intervention.
11. Fundamental principles of international humanitarian law – International.
12. Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear – non proliferation treaty, CTBT.
14. New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank.
15. Protection and improvement of the human envi ronment : Internat ional efforts.

PAPER - II

Law of Crimes
1. General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offences.
2. Kinds of punishment and emerging trend punishment.
3. Preparation and criminal attempt.
4. General exceptions.
5. Joint and constructive liability.
6. Abetment.
7. Criminal conspiracy.
8. Offences against the State.
9. Offences against public tranquility.
10. Offences against human body.
11. Offences against property.
12. Offences against women.
13. Defamation.
14. Prevention of Corruption Act, 1988.
15. Protection of Civil Rights Act 1955 and subsequent legislative developments.
16. Plea bargaining.

Law of Torts
1. Nature and definition.
2. Liability based upon fault and strict liability; Absolute liability.
3. Vicarious liability including State liability.
4. General defences.
5. Joint tort feasors.
6. Remedies.
7. Negligence.
8. Defamation.
9. Nuisance.
10. Conspiracy.
11. False imprisonment.
12. Malicious prosecution.
13. Consumer Protection Act, 1986.
Law of Contracts and Mercantile Law
1. Nature and formation of contract/Econtract.
2. Factors vitiating free consent.
3. Void, voidable, illegal and unenforceable agreements.
5. Quasi- Contracts.
6. Consequences of breach of contract.
7. Contract of indemnity, guarantee and insurance.
8. Contract of agency.
9. Sale of goods and hire purchase.
11. Negotiable Instruments Act, 1881.
12. Arbitration and Conciliation Act, 1996.
13. Standard form contracts.

Contemporary Legal Developments
1. Public Interest Litigation.
2. Intellectual property rights – Concept, types/prospects.
3. Information Technology Law including Cyber Laws – Concept, purpose/prospects.
4. Competition Law- Concept, purpose/prospects.
6. Major statutes concerning environmental law.
7. Right to Information Act.
8. Trial by media.

Literature of the following languages
NOTE (i) : A candidate may be required to answer some or all the questions in the language concerned.
NOTE (ii) : In regard to the languages included in the Eighth Schedule to Constitution, the scripts will be the same as indicated in Section-II (B) of Appendix I relating to Main Examination.
NOTE (iii) : Candidates should note that the questions not required to be answered in a specific language will have to be answered in the language medium indicated by them for answering papers on Essay, General Studies and Optional Subjects.