nature and formation of contract/econtract. view amp download complete set of previous years past papers for ias mains law optional 2016. While paper i consists of topics on constitutional and administrative law as well as international law. Paper ii consists of topics on law of crimes, law of torts, law of contracts and mercantile law and contemporary legal developments. The law paper i question paper of upsc ias civil services main exam 2012 is given below.

Answer the following each answer should be in about 150 words: 12×5 60 a 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 constructed 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.

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B are personal laws ‘law’ for the purpose of part i of the constitution? discuss with reference to leading case law. C 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? comment. D what is the justification behind the pardoing 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 exercise of this power can be subjected to judicial review.

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E 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. Answer the following: a what do you understand by the term ‘constitutional conventions’? are they are relevant in a country like india having a lengthy written constitution with preamble? 20 b 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. 20 c in what circumstances and for violation of which rights can monetary compensation be awarded to the victims? what is your view for adopting such an approach by judiciary? analyse critically.

Answer the following questions: a with special reference to the landmark judgements 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. 20 b 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 in the contemporary indian scenario. 20 c is there any difference between ‘right to information’ and ‘right to be informed’? do we have any provision in the constitution in this regard? discuss with reference to case law. Write critical notes on the following: 20×3 60 a doctrine of legitimate expectation b institution of local self government c modern progressive approach of the principles of natural justice 5. Answer the following each answer should be in about 150 words: 12×5 60 a 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? b 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. C identify and comment on the three major grounds for a state party to avoid its treaty obligations. D the rules of the humanitarian law of war have clearly acquired the status of ‘jus congens’, 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. E do you agree with the statement that ‘united nations is a world government’? give reasons for your answer.