Law Optional Test 2 for UPSC Mains 2017 : Mains Marathon

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Friends, We are releasing the 2nd Law Optional Test, Mains Marathon Optional Initiative.

Here was the Law Optional Test-1

You will have around 20 quality Questions each week.

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 -2 : Law Optional

Q1-In a democracy, the public also has the right to speak freely about the exercise of power, which must include the freedom to criticize the judicial system and the judiciary. In the light of the above statement, critically examine the contempt power in India. Give some suggestions to establish a balance between Right to Freedom and Expression and use of Contempt power. Q2- What is width test and identity test as formulated in M Nagaraj v. Union of India? Q3- Discuss the controversy related with the amendment of the Fundamental Rights. Q4-The satisfaction of the President under article 352 is though subjective but not beyond scrutiny. Comment. Q5- 44th amendment to the article 352 has minimized the chances of abuse of power in relation to declaration of emergency. Explain. Q6- Discuss the doctrine of colourable legislation. Also,mention the limitations of it.

Q7- The power to make law includes the power to make law prospectively and retrospectively. Discuss the scope and limitation of this power. Q8 -Power under article 142 can’t be used to supplant the substantive law applicable to the case or case under consideration.Discuss article 142 in the light of the statement. Should the power under article be defined? Q9 – What are parliamentary privileges? Discuss the need to codify the privileges. Q10- Mention the instances when protection of article 311 can be availed. Also, mention the instances when it is not available? Q11- Doctrine of pleasure in India is not absolute. Discuss. Explain how Doctrine of pleasure as developed in England has not been accepted in full in India. Q12- Do we need to abolish article 311? Critically examine. Q13- The concept of reasonable opportunity to defend is synonyms with natural justice. Explain. Mention the exceptions to the rule of reasonable opportunity to defend. Q14-Critically comment up on the working of administrative tribunal in India. Are tribunals successful in achieving the objective which led to their creation? Give some suggestions to improve. Q15- Legitimate expectation is different from mere anticipation,desire and hope. Explain. Q16- Bottlenecks in fiscal federalism are the main problems of Central state relations in India. Discuss. Q17- Discuss the approach taken by judiciary in India in applying doctrine of proportionality with respect to violation of F.R and other rights. Q18- To apply legitimate expectation doctrine, it needs something more than mere a claim. Substantiate. Q19- Concept of constructive trust is the force behind public accountability doctrine.