UPSC IAS Mains 2010 Law (Paper

Exam Name: IAS Mains

Year: 2010

Subject: Law (Optional)
Paper-I
Section A

1. Answer any three of the following (each answer should be in about 200 words): 20×3=60

“The fragrance and colour which is enshrined in Article 141 of the constitution of India is destined to uphold the Rule of Law in the interest of justice and people of India.” Do you agree? Give reasons.
Whether right to vote is a fundamental or a statutory right? Justify your statement with the help of relevant case-law on this subject.
“While certainty of law is important in India, it cannot be at the cost of justice.” Critically examine this statement in the context of ‘curative petition’ in Indian and also refer relevant case-law.
The doctrine of separation of powers in its classical sense, which is fundamental rather than structural, cannot be applied in any modern government. Discuss

2.

New frontiers of criminal justice have been spelled out from Article 21 of the Constitution, which provides that no person shall be deprived of his right to life and personal liberty except according to procedure established by law. Discuss and refer to decided cases.
Locus standi is necessary for challenging an administrative action, through a write petition. How has it been liberalized in case of public interest litigation? Comment on the statement that “PIL is not a PILL against all the ILLS.”

3.

Critically examine the role of the Supreme Court of India in the maintenance of minimum standards in public life and polity. Opine on how much of it is enforcement of the rule of law and how much of it is judicial activism.
In recent times the role of governor in the appointment and dismissal of Chief Minister has been impugned and it is said that the Court has assumed the role of the Governor and the Speaker comment. Refer to recent cases where the Supreme Court has directed to take composite floor test and report to the Court.

4. Write critical notes on the follow:

“The power to destroy the constitution is not included in the power to amend the Constitution.
“The power to destroy the constitution is not included in the power and amend the Constitution.”
“The doctrine of excessive delegation is a judicially tailored principle.
Section B

5. Answer any three of the following (each answer should be in about 200 words): 20×3=60

“The fundamental principles of International law are passing through a serious, criss and this necessitates its reconstruction.” Do you agree with this statement? Give reasons.
Comment on the statement that ‘WTO’ is the main organ for implementation of Multilateral Trade Agreements and is the third economic pillar or the worldwide trade and commerce.
A reservation, which purports to exclude or to modify the legal effects or certain provisions of the treaty in their application to that State, is accepted in practice, if it is compatible with object and purpose of the treaty. Discuss the practice of deferent nations and opinion of ICJ regarding admissibility of reservation to the conventions.

6.

“The traditional definition of International law with its restriction to the conduct of States inter se, in view of developments during the last six decades cannot stand as a comprehensive description of all the rules now acknowledge to form part of part of International law.
Discuss with illustrations the law and the proactive of various States in relation to non-recognition of governments.

7.

Normally the State are reluctant to resort to the International Court of Justice mainly due to political factor; the general conditions of international relations; the greater suitability of other tribunals; a flexibility of arbitration in compression jurisdiction and difficulty in getting enforcement of the decision of the court. However, the court has made a reasonable contribution in setting disputes.
How would you react to the statement that TRIPS agreement on the one hand is a historic act but on the other hand it failed to achieve the goals of improving trading powers and trade issues of het least developed countries? Comment.

8.Write short notes on the following:
Exclusive Economic Zone.
Laws relating to aircraft hijacking.
Statelessness.