Law Optional Test 1 and Study Plan for UPSC Mains 2017 : Mains Marathon

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Hello Friends, We are starting Law optional 2017 Mains Marathon. You will have around 20 quality Questions each week beginning July 23, 2017. Approximately, in 10 weeks entire Law syllabus will be covered. By the end of Mains 2017 you will have a good writing practice, if you follow this initiative diligently. Each week of syllabus is designed in such a way that gives you sufficient opportunity to revise and interlink common areas of syllabus. Ask your friends to join, write answers and check each other’s answers. All the best.

Study Plan:

Following is the schedule- Week 1 (23 July) Constitutional law: Constitution and Constitutionalism: The distinctive features of the Constitution. Fundamental rights – Public interest litigation; Legal Aid; Legal services authority. Relationship between fundamental rights, directive principles and fundamental duties. Constitutional position of the President and relation with the Council of Ministers. Governor and his powers. Administrative Law: Principles of natural justice – Emerging trends and judicial approach. separation of powers and constitutional governance. Contemporary legal developments– Public Interest Litigation WEEK -2 (30 july) Constitutional law- Supreme Court and High Courts: (a) Appointments and transfer. (b) Powers, functions and jurisdiction. Centre, States and local bodies: (a) Distribution of legislative powers between the Union and the States. (b) Local bodies. (c) Administrative relationship among Union, State and Local Bodies. (d) Eminent domain – State property – common property – community property. Legislative powers, privileges and immunities. 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. Emergency provisions. Amendment of the Constitution Administrative Law Judicial review of administrative action. Delegated legislation and its constitutionality Contemporary legal development: Right to Information Act Week 3 (6 august) International Law: Nature and definition of international law. Relationship between international law and municipal law. State recognition and state succession. Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, high seas. Individuals: Nationality, statelessness; Human rights and procedures available for their enforcement. Law of Crimes- General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offences. Kinds of punishment and emerging trends as to abolition of capital punishment. Preparation and criminal attempt. General exceptions. Contemporary legal development: Trial by media WEEK 4- (13 August) International Law: Territorial jurisdiction of States, extradition and asylum. Treaties: Formation, application, termination and reservation. United Nations: Its principal organs, powers, functions and reform. Peaceful settlement of disputes – different modes. Lawful recourse to force: aggression, self-defence, intervention. Fundamental principles of international humanitarian law – International conventions and contemporary developments. Law of Crimes: Joint and constructive liability. Abetment. Criminal conspiracy. Offences against the State. Offences against public tranquility Week 5( 20 august) Law of torts Nature and definition. Liability based upon fault and strict liability; Absolute liability. Vicarious liability including State liability. General defences. Consumer Protection Act, 1986. Law of Contract and Mercantile Law Nature and formation of contract/Econtract. Factors vitiating free consent. Void, voidable, illegal and unenforceable agreements. Performance and discharge of contracts. Quasi- Contracts. Consequences of breach of contract. Standard form contracts Arbitration and Conciliation Act, 1996. Contemporary legal development: Alternate Dispute Resolution – Concept, types/prospects. Week 6 (27 august) Mercantile Law Contract of indemnity, guarantee and insurance. Contract of agency. Sale of goods and hire purchase. Formation and dissolution of partnership. Negotiable Instruments Act, 1881. Law of Crimes: Offences against human body. Offences against property. Offences against women. Defamation. Protection of Civil Rights Act 1955 and subsequent legislative developments. Week 7(3 september) Tort: Joint tort feasors. Remedies. Negligence. Defamation. Nuisance. Conspiracy. False imprisonment. Malicious prosecution Law of Crimes: Plea bargaining. Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear – non proliferation treaty, CTBT. International terrorism, state sponsored terrorism, hijacking, international criminal court. WEEK 8(10 september) Contemporary legal development: Major statutes concerning environmental law. New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank. Protection and improvement of the human environment: International efforts. Intellectual property rights – Concept, types/prospects. Information Technology Law including Cyber Laws – Concept, purpose/ prospects. Competition Law- Concept, purpose/ prospects. Law of Crimes: Prevention of Corruption Act, 1988. Constitutional law- Ombudsman: Lokayukta, Lokpal etc.

Test – 1

Q1- Critically examine the role played by judiciary in shaping and strengthening constitutionalism in India? Do you think that judiciary has over stepped in it’s role under the zeal of being the custodian of constitution of India? (15 marks) Q2- Basic structure doctrine is merely a solely elegant sophisticated doctrine for lawyers and judges. It is hindering democracy and pushing constitutionalism in a wrong direction. Do you agree? (15marks) Q3- Enumerate the various challenges to the constitutionalism in India? (10 marks) Q4- What are the dilemmas and limitations of PIL? Do you think PIL is remedy for all ills? Give some suggestions to prevent the misuse of PIL.(15 marks) Q.5- Fundamental rights and Directive principles are equally concerned with human rights and dignity.Neither of them is superior or inferior to other.They are complementary to each other. Discuss. (10 marks) Q.6- What is ‘state’ for the purpose of Part 3 of the constitution of India. Enumerate the criteria evolved by judiciary to decide whether a instrumentality is a state or not with the help of leading cases. (15 marks) Q.7 Right to equality in constitution of India is not merely a negative right not to be discriminated against but also a positive right to be treated as equal. And it is this positive aspect in right to equality that makes Idea of equality different and unique from other constitutions.Discuss.(15 marks) Q8- Principles of natural justice is inbuilt in application of Article 14 as equality cannot be introduced without Being fair.explain. Can there be any exception to it? (10 marks) Q.9- Do we need to declare Right to privacy as fundamental right?discuss the various issues associated with right to privacy? (15 marks) Q10- It is the belief that is sine qua non to attract the protection under article 25 not the sentiments and reasoning that appeals to the individual or society. Explain the above statement with respect to article 25 ?Mention relevant case laws. (15 marks) Q11- Do you agree that under the concept of basic structure judiciary has divided the constitution into two halves one being essential and so sacrosanct and other being not that essential. Is this approach preventing growth of constitution? Establish a critic for basic structure doctrine? (10 marks) Q12- Evaluate the role of office of president in polity of India? How do you see this office, as a rubber stamp or as a torch light guiding governance? Mention relevant case laws to support your view. (15 marks) Q13- Governor should not be viewed as agent of the party in power at center. How far judiciary has helped in establishing it through various judicial pronouncements? Discuss. (15 marks) Q.14- What is new in new approach adopted in application of article 14?Discuss. (10 marks) Q.15- What is golden triangle in our constitution?why is it called so? Discuss the significance of trinity making a golden triangle in fulfilling the dream of our constitution makers? (10 marks) Q.16- Discuss the maxim Nemo in propria causa judex, esse debet. Explain doctrine of necessity. (10 marks) Q.17- Principles of natural justice though dynamic in content but neither a unruly horse nor a bull in china shop.Discuss. (10marks) Q18- Principles of natural justice are enriching our Constitution continuously, although such principles do not find any specific mention in our Constitution.discuss. (10 marks) Q19- Critically examine the concept of post- decisional hearing in the context of principles of natural justice.(15 marks) Q 20- Principles of natural justice do not supplant but supplement Law. Comment.