Ias English Paper 2012 Text

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Logical flow of the essay and other pointers of evaluation provided by upsc in the question paper.

    each paper has 3 hours and 300 marks each paper has two sections, q1 and 5 are compulsory and attempt remaining three in such way that atleast 1 question is from every section. Whenever a question is being attempted, all its parts/sub parts must be attempted contiguously. This means that before moving on to the next question to be attempted, candidates must finish attempting all parts/sub parts of the previous question attempted.
to download the hindi version of these papers, click me q1 12 215 5 60
    the entries in the legislative lists are not the source of powers for the legislative constituents, but they merely demarcate the fields of legislation. It is now well settled law that these entries are to be construed liberally and widely so as to attain the purpose for which they have been enacted. Narrow interpretation of the entries is likely to defeat their object as it is not always possible to write these entries with such precision that they cover all possible topics and without any overlapping.

    Critically evaluate the above statement with reference to interpretation of legislative entries contained in seventh schedule to the constitution. What is meant by individual responsibility and collective responsibility of the council of ministers. What would be the consequences of individual responsibility in case a minister of the government is found guilty of tort of misfeasance by the supreme court of india. What is the justification behind the pardoning power of the president of india under article 72 of the constitution.

    Discuss with reference to supreme court cases the extent to which the exercise of this power can be subjected to judicial review do you agree with the statement that re looking of the process of delegated legislation is necessary particularly in context to substantial amount of public participation ? comment critically. Are they are relevant in a country like india hav1ng a lengthy written constitution with preamble?

    contempt of court is a power inherent to a court of record. In this regard discuss the sweep of power of the supreme court and the high courts to punish their contempt.  also examine the defences of fair criticism and truth in the light of contempt of courts act, 1971. In what circumstances and for violation of which rights can monetary compensation be awarded to the victims.
    with special reference to the landmark judgments of the supreme court of india, discuss the effect of relegation of the right to property from being a fundamental right to a constitutional right. In the presence of institutions like competition commission of india and telecom regulatory authority of india, where policy making and adjudicatory functions are fused, comment on the significance of the doctrine of separation of powers 20 in the contemporary indian scenario.

q4 20 215 3 60
    doctrine of legitimate expectation institution of local self government modern progressive approach of the principles of natural justice
q5 12 215 5 60
    it is often said that customary international law is earlier to apply than to define. What are the inherent problems in defining custom and how can a custom be considered as a source of international law? with reference to the relationship between international law and municipal law, discuss the transformation and specific adoption theories. How can these two theories be harmonised with reference to states obligations under relevant international law. Identify and comment on the three major grounds for a state party to avoid its treaty obligations. The rules of the humanitarian law of war have clearly acquired the status of jus cogens, for they are the fundamental rules of a humanitarian character, from which no derogation is possible without negating the basic considerations of humanity which they are intended to protect. Evaluate the above statement and also point out the major distinction between humanitarian law and law relating to human rights.

    Do you agree with the statement that united nations is a world government? give reasons for your answer.

    what is meant by right of national self determination of peoples and what is its role in the creation of a new state. Critically examine how minority rights can be protected while balancing the territorial integrity of a state at the same time. Legal restraint on the use of force is the fundamental postulate on which the conception of enforcement of peace is based upon in modern international law.  enumerate and elucidate various international legal instruments with the help of which this concept is actually practised.
    with the exception of disputes of an exclusively legal character which are usually submitted to. Arbitration or judicial settlement, it is purely a matter of policy or expediency which of the different methods is to be adopted for composing a particular difference between states.

    Explain the different methods of peaceful dispute settlement envisaged by the united nations charter and examine the appropriateness of each in different situations. In the light of recent european crisis, critically assess the success of regional organisations of countries for cooperation in matters of trade and commerce. How far do geo political proximities further economic cooperation ?

    having regard to the united nations convention on law of sea unclos i , which came into force in 1994, and its two predecessor un conventions on the law of the sea, analyse how far these conventions have been able to effectively codify customary international law of sea. Optional protocol to the international covenant on economic, social and cultural rights, 1966 providing an enforcement mechanism for individuals in the international sphere is a watershed moment for the enthusiasts of second generation rights.  discuss the proposed mechanism, its significance and viability.