NEW! The Gist (JULY-24) | E-BOOKS
(Download) UPSC MAINS 2018 - LAW Paper-1
(Download) UPSC 2018 LAW Paper I
Exam Name: UPSC 2018 LAW Paper I
Time Allowed : 3.00 Hrs
Maximum Marks : 250
Question Paper Specific Instructions
Please read each of the following instructions carefully
before attempting questions.
There are EIGHT questions divided in two sections.
A candidate has to attempt FIVE questions in all.
Questions no 1 and 5 are compulsory and out of the remaining, THREE are to be
attempted choosing at least ONE from each section.
The number of marks carried by a question /part is indicated against it.
Word limit in questions, wherever specified should be adhered to.
Attempts of questions shall be counted in chronological order. Unless struck
off, attempt of a question shall be counted even if attempted partly. Any page
or portion of the page left blank in the answer book must be clearly struck off.
SECTION – "A"
Q.1 Answer the following questions in about 150 words each: (10 x 5= 50)
(a) What do you understand by the terms
„cooperative federalism‟ and „competitive federalism‟? Do you agree with the
view that the Indian Constitution is based on the concept of „competitive
federalism‟ and not on the concept of „cooperative federalism‟?
(b) Administrative powers/actions are not always in conflict with the
„rule of law‟ principle. Discuss with illustration.
(c) Critically evaluate the changing dimensions of the concept of „State‟
under Article 12 of the Constitution of India.
(d) “Natural justice is not a made to order formula which has to be
fitted to all situations with an iron-bound uniformity.” – Comment. Refer to
case laws.
(e) “With the adoption of Parliamentary form of government, the vesting
clause under Article 53(1) remains to a great extent meaningless, as real
executive power lies in the Ministry.”Critically examine the above statement in
the context of the status and position of the President of India under the
Indian constitution. Also answer, if the President of India does not accept the
advice of the Prime Minister, what consequences would follow.
Q.2
(a) Examine the concept of social justice as envisaged in the
Constitution more particularly in Chapter IV of the Constitution. 20
(b) What are the constitutional safeguards available in a civil servant
against dismissal, removal or reduction in rank of services? Are these rights
also available to an employee of a public corporation Discuss with reference to
statutory provisions and case law. 15
(c) What would be best way or method for the appointment of judges in High Court
and the Supreme Court in India? Give your views and support your views with
reasons. 15
Q.3
(a) What are the major challenges in the functioning of local bodies in
India? Does it talk about success story or something else? 20
(b) Is the Governor‟s post dependent on the pleasure of the President?
Discuss. What exactly constitutes the „discretion‟ of the Governor while
exercising numerous powers? Explain with reference to statutory provisions and
relevant case law. 15
(c) Discuss the constitutionality of delegated legislation. What are the
limits of delegated legislation? Explain. 15
Q.4
(a) “The liberty of the press implicit in the freedom of speech stands on
no higher footing than the freedom of speech and expression of a citizen, and no
privilege is attached to the press as such distinct from the ordinary citizen.”
Explain this statement and also distinguish the term „freedom of speech and
expression and „speech and expression.‟ 20
(b) “Imposition of Emergency in a State under Article 356 has always been
a matter of controversy.” In this backdrop, explain the consequences of
proclamation of Emergency in a State. 15
(c) Under what circumstances, does a third party, apart from concerned
parties, have locus standi to move writ petitions before the High Court or the
Supreme Court in India? Also point out the limitations of such petitions. 15
DOWNLOAD UPSC MAINS LAW OPTIONAL PAPERS PDF
DOWNLOAD UPSC MAINS GS 10 Year PAPERS PDF
DOWNLOAD UPSC MAINS GS SOLVED PAPERS PDF
DOWNLOAD UPSC PRE GS 10 Year PAPERS PDF
Printed Study Material for IAS PRE cum Mains General Studies
Section-"B"
Q.5 Answer the following questions in about 150 words each: 10×5=50
(a) Explain the distinctions between
traditional and modern definitions of international law. Critically examine the
growing scope and importance of international law in the present context. 10
(b) “Where Extradition begins Asylum ends. “Critically examine the above
statement with special reference to extraditable persons and extradition crimes.
10
(c) It is generally viewed that “Rights and Duties are correlative”.
However, the International Human Rights Movement has developed, more as
rights-oriented than duties oriented. Why has this happened? Explain with the
help of various International Human Rights instruments. Can you think of a
„Human Duty Movement‟ instead of a „Human Rights Movement‟? 10
(d) Define „International Treaty‟ and explain the growing importance of treaties
in Modern International Law. Can a multilateral treaty be terminated? If so, on
what grounds? Explain. |
(e) Do you agree with the statement that „the Globalization is a
necessary evil”? Critically examine the implications of the reform process
undertaken by the IMS and IBBD by way of structural adjustment, programmes and
policies on developing countries, with special reference to India.
Q.6 (a) “Continental Shelf was regarded as the
natural prolongation of the land mass of the coastal state.” Critically examine
the Delimitation of the Continental Shelf with the help of relevant case law of
the International Court of Justice (ICI). 20
(b) Define International Dispute. Explain the difference between peaceful
settlement of disputes and compulsive settlement of disputes. Critcally examine
the growing importance of ADR methods in International Dispute settlement. 15
(c) “Membership of the Security Council is not democratic mainly because
of its power. In view of that, the U.N Security Council should be expanded and
should given more membership to
other countries reflecting the demographic composition of the community of
nations.” Explain.
Q.7
(a) Describe the mechanisms for structural anomalies of autosomes with
diagrams. 20
(b) Describe the principles of radiocarbon dating. Mention its
limitations. 15
(c) Narrate evolution of disease and major causes of ill health in human
populations.
Q.8
(a) “International law is primarily concerned with Rights, Duties and
Interests of States.” Critically examine the statement with
reference to the place of Individuals and Non-State entitles in International
law. 20
(b) Do you agree with the statement that “Beginning with the Stockholm
Declaration of 1972, there has been an increased reliance upon non-binding
international instruments dealing with environment”? Why has this trend
developed and have these instruments been more useful than treaties? Explain. 15
(c) It is generally viewed that “What the U.N. did in the 20th century
for maintenance of peace and security, the W.T.O is going to play the same role
on economic and trade relations in 21st century.” Discuss the above statement in
view of the changing notion of political sovereignty to economic sovereignty of
State. 15