Exam Details
| Subject | law | |
| Paper | paper 1 | |
| Exam / Course | civil services main optional | |
| Department | ||
| Organization | union public service commission | |
| Position | ||
| Exam Date | 2007 | |
| City, State | central government, |
Question Paper
IAS Mains Law Science 2007
Paper I
Section A
Answer any three of the following (each answer should be in about 200 words):
What procedure would you suggest to the Government of India where under an agreement between the Government of India and a neighbouring foreign country a small portion of Indian territory comprised in State Y has to be ceded to the above foreign neighbouring country
The doctrine of pith and substance introduces a degree of flexibility into the otherwise rigid scheme of distribution of legislative power under the Indian Constitution. Justify this statement with the help of case law
The Constitution of India is not true to any traditional pattern of federation. Comment
What is the meaning of Freedom of Press under the Indian Constitution? Can the freedom of press be restricted by a law requiring the press owners to pay minimum wages to the employees of the press? Decide
Answer the following questions
Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Litigation as expounded by the Supreme Court in MC. Mehta vs. Union of India, AIR 1987 SC. 1086
When can the Presidents Rule be imposed under Article 356 of the Constitution? Is there any need to amend Article 356? What will be your suggestion in this regard
Answer the following questions
Are these features in the Constitution of India that are basic or fundamental to it? Would you subscribe to the proposition that the Parliaments competence to amend the Constitution is subject to the bask or fundamental features of the Constitution? Elucidate
Discuss in detail the advisory jurisdiction of the Supreme Court of India. Is the Supreme
Court opinion binding on all courts
Write short notes on the following:
The doctrine of territorial nexus
Meaning of the term Other Authorities under Article. 12 of the Constitution
Power of President of India to grant pardons, repreives, etc. Under Article 72 of the
Constitution
Section B
Answer any three of the following (each answer should be in about 200 words):
International Law is defined as Vanishing point of Jurisprudence (Holland). Examine this viewpoint with reference to the nature of International Law
Explain the doctrine of Pacta sunt servanda. What are the exceptions to the above doctrine
How does the ICJ get jurisdiction over contentious disputes? Can a state be compelled to submit its dispute with another sovereign state without its consent
What do you mean by the term Subjects of International Law? What are its attributes
Answer the following questions
Discuss the importance of International Customs as a source of International Law. When does a usage crystallize into a custom
International practice supports the evidentiary theory as to the nature, effect and function of recognition. Comment
Answer the following questions
Define Continental Shelf and distinguish it from Exclusive Economic Zone. Critically evaluate the rights and obligations of coastal states in the Exclusive Economic Zone
Discuss the powers of the Security Council to investigate any dispute or situation inimical to international peace and security
Write explanatory notes on the following:
Territorial Sea
International Criminal Court
Jus Cogens
Paper II
Section A
Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions decided cases: (20 × 3 60)
Describe the kinds of punishments to which offenders may be punished under the provision of Indian Penal Code, 1960.
What is meant by extortion? Explain its ingredients and distinguish between theft and extortion.
The doctrine of alternative danger is the extention of the doctrine of contributory negligence. Discuss.
Distinguish between tortious liability and criminal liability.
Answer the following questions
When an offence of adultery is said to be committed? Whether a wife may be punished for the offence of adultery as an abettor? Distinguish between the offences of rape and adultery
A with the intention in good faith of saving human life and property, in a great fire, pulls down houses in order to prevent the conflagration from spreading it. A pleads that the harm to be prevented was of such a nature and so imminent as to justify or excuse his act. Decide, whether A has committed any offence
Answer the following questions
If a person brings or accumulates on his land anything which if it should escape may cause damages to his neighbours, he does so at his peril. Discuss the above statement by referring the judicial pronouncements alongwith the exceptions thereto
Acts done with the intention of annoying a neighbour and actually causing annoyance will be nuisance. Comment.
a music teacher, gives music lessons at his residence. the neighbour, resides in the adjoining house, maliciously causes discomfort to by hammering against the party wall, beating the trays, whistling and shricking. A prays for an injunction against should he succeed
Answer the following questions
Discuss the composition and objects of Consumer Protection Council under the Consumer Protection Act, 1986
Define and discuss the ingredients of corruption as given under the provisions of the
Prevention of Corruption Act, 1988
Section B
Answer any THREE of the following (answer to each question must not exceed 200 words): (20 × 3 60)
All illegal agreements are void but all void agreements are not illegal. Discuss.
A contract can not be enforced by a person who is not a party to it though it is made for his benefit. He is a stranger to the contract and can claim no rights under it. Examine the above statement in the light of judicial pronouncements stating the exceptions thereto.
Explain the meaning of free consent as an essential element of a valid contract and enumerate the factors vitiating free-consent.
What is meant by the doctrine of supervening impossibility? Under what circumstances the supervening impossibility may arise?
Answer the following questions
The general rules as regards to transfer of title is nemo dat quod non habet (No one can give or transfer what he does not himself possess). Critically examine the rule highlighting its exceptions in the light of statutory provisions
Under what circumstances a partnership firm may be dissolved by the intervention of the court
Answer the following questions
Sharing of profits is not a conclusive evidence of the existence of partnership firm. Discuss and describe the essential elements to constitute a partnership firm
Discuss the rights of unpaid seller against the goods as described under the Sale of Goods
Act 1930
Answer the following questions
Who can make negotiable instrument? Whether a promissory note duly executed in favour of minor is void? Give reasons
What is meant by material alteration in the negotiable instrument? Under what circumstances an alteration in the negotiable instrument may be treated as material alteration under the Negotiable Instruments Act, 1881? State the effect of such alteration
Paper I
Section A
Answer any three of the following (each answer should be in about 200 words):
What procedure would you suggest to the Government of India where under an agreement between the Government of India and a neighbouring foreign country a small portion of Indian territory comprised in State Y has to be ceded to the above foreign neighbouring country
The doctrine of pith and substance introduces a degree of flexibility into the otherwise rigid scheme of distribution of legislative power under the Indian Constitution. Justify this statement with the help of case law
The Constitution of India is not true to any traditional pattern of federation. Comment
What is the meaning of Freedom of Press under the Indian Constitution? Can the freedom of press be restricted by a law requiring the press owners to pay minimum wages to the employees of the press? Decide
Answer the following questions
Examine and elucidate the scope and significance of Article 32 of the Constitution in the context of Public Interest Litigation as expounded by the Supreme Court in MC. Mehta vs. Union of India, AIR 1987 SC. 1086
When can the Presidents Rule be imposed under Article 356 of the Constitution? Is there any need to amend Article 356? What will be your suggestion in this regard
Answer the following questions
Are these features in the Constitution of India that are basic or fundamental to it? Would you subscribe to the proposition that the Parliaments competence to amend the Constitution is subject to the bask or fundamental features of the Constitution? Elucidate
Discuss in detail the advisory jurisdiction of the Supreme Court of India. Is the Supreme
Court opinion binding on all courts
Write short notes on the following:
The doctrine of territorial nexus
Meaning of the term Other Authorities under Article. 12 of the Constitution
Power of President of India to grant pardons, repreives, etc. Under Article 72 of the
Constitution
Section B
Answer any three of the following (each answer should be in about 200 words):
International Law is defined as Vanishing point of Jurisprudence (Holland). Examine this viewpoint with reference to the nature of International Law
Explain the doctrine of Pacta sunt servanda. What are the exceptions to the above doctrine
How does the ICJ get jurisdiction over contentious disputes? Can a state be compelled to submit its dispute with another sovereign state without its consent
What do you mean by the term Subjects of International Law? What are its attributes
Answer the following questions
Discuss the importance of International Customs as a source of International Law. When does a usage crystallize into a custom
International practice supports the evidentiary theory as to the nature, effect and function of recognition. Comment
Answer the following questions
Define Continental Shelf and distinguish it from Exclusive Economic Zone. Critically evaluate the rights and obligations of coastal states in the Exclusive Economic Zone
Discuss the powers of the Security Council to investigate any dispute or situation inimical to international peace and security
Write explanatory notes on the following:
Territorial Sea
International Criminal Court
Jus Cogens
Paper II
Section A
Answer any THREE of the following (answer to each question must not exceed 200 words). Support your answer with legal provisions decided cases: (20 × 3 60)
Describe the kinds of punishments to which offenders may be punished under the provision of Indian Penal Code, 1960.
What is meant by extortion? Explain its ingredients and distinguish between theft and extortion.
The doctrine of alternative danger is the extention of the doctrine of contributory negligence. Discuss.
Distinguish between tortious liability and criminal liability.
Answer the following questions
When an offence of adultery is said to be committed? Whether a wife may be punished for the offence of adultery as an abettor? Distinguish between the offences of rape and adultery
A with the intention in good faith of saving human life and property, in a great fire, pulls down houses in order to prevent the conflagration from spreading it. A pleads that the harm to be prevented was of such a nature and so imminent as to justify or excuse his act. Decide, whether A has committed any offence
Answer the following questions
If a person brings or accumulates on his land anything which if it should escape may cause damages to his neighbours, he does so at his peril. Discuss the above statement by referring the judicial pronouncements alongwith the exceptions thereto
Acts done with the intention of annoying a neighbour and actually causing annoyance will be nuisance. Comment.
a music teacher, gives music lessons at his residence. the neighbour, resides in the adjoining house, maliciously causes discomfort to by hammering against the party wall, beating the trays, whistling and shricking. A prays for an injunction against should he succeed
Answer the following questions
Discuss the composition and objects of Consumer Protection Council under the Consumer Protection Act, 1986
Define and discuss the ingredients of corruption as given under the provisions of the
Prevention of Corruption Act, 1988
Section B
Answer any THREE of the following (answer to each question must not exceed 200 words): (20 × 3 60)
All illegal agreements are void but all void agreements are not illegal. Discuss.
A contract can not be enforced by a person who is not a party to it though it is made for his benefit. He is a stranger to the contract and can claim no rights under it. Examine the above statement in the light of judicial pronouncements stating the exceptions thereto.
Explain the meaning of free consent as an essential element of a valid contract and enumerate the factors vitiating free-consent.
What is meant by the doctrine of supervening impossibility? Under what circumstances the supervening impossibility may arise?
Answer the following questions
The general rules as regards to transfer of title is nemo dat quod non habet (No one can give or transfer what he does not himself possess). Critically examine the rule highlighting its exceptions in the light of statutory provisions
Under what circumstances a partnership firm may be dissolved by the intervention of the court
Answer the following questions
Sharing of profits is not a conclusive evidence of the existence of partnership firm. Discuss and describe the essential elements to constitute a partnership firm
Discuss the rights of unpaid seller against the goods as described under the Sale of Goods
Act 1930
Answer the following questions
Who can make negotiable instrument? Whether a promissory note duly executed in favour of minor is void? Give reasons
What is meant by material alteration in the negotiable instrument? Under what circumstances an alteration in the negotiable instrument may be treated as material alteration under the Negotiable Instruments Act, 1881? State the effect of such alteration
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