Law — UPSC Mains Optional PYQ (2023–2025)

(a) Where does the Constitution of India vest executive power with respect to subject-matters in the Concurrent List over which both the Union and States have legislative powers? Explain. [10M]

(b) “It is often said that the decision of the Supreme Court in L. Chandra Kumar vs. Union of India (1997) has defeated the very raison d’etre of establishing administrative tribunals in India.” Discuss. [10M]

(c) Critically examine, with the help of decided cases, the power of the President to consult the Supreme Court. [10M]

(d) If Article 21 confers on a person the right to live a dignified life, does it also include a right not to live? Examine the Constitutional provisions with the help of decided case-laws. [10M]

(e) “The doctrine of Separation of Powers in its classical structural form is not followed in any country.” Critically evaluate this statement with reasons. [10M]

(a) “Doctrine of ‘foreseeability’, not the ‘proximity’, is a correct test of ‘remoteness’.” Explain with the help of case-laws. [10M]

(b) “The definition of ‘public servant’ as per the Prevention of Corruption Act, 1988 is only illustrative and not exhaustive.” Comment. [10M]

(c) Describe the salient features of the Protection of Civil Rights Act, 1955. [10M]

(d) Explain the principle of liability of master for the torts committed by his servant. Write case-laws. [10M]

(e) Under what circumstances can the appropriate government commute the sentence of death and life imprisonment for any other punishment? Discuss. [10M]

(a) Is anticipatory and pre-emptive use of force for self-defence permissible under Article 51 of the UN Charter? Discuss. [10M]

(b) “The General Assembly of the United Nations cannot be called World Parliament.” In this context, critically analyse the limitations on the General Assembly. [10M]

(c) Discuss the different theories of State Succession and the rights and duties arising out of the State Succession. [10M]

(d) How does the Rome Statute of the International Criminal Court define “Crime against Humanity”? Explain. [10M]

(e) What is ‘Contiguous Zone’? Discuss the Indian position on this subject. [10M]

(a) “Law as well as justice should try to prevent unjust enrichment.” Elucidate the statement in reference to relevant provisions of the Indian Contract Act, 1872. [10M]

(b) “In breach of a sale contract, both the buyer and the seller have remedies against each other.” Discuss the statement in reference to relevant provisions of the Sale of Goods Act, 1930. [10M]

(c) “An outgoing partner shares subsequent profits but not the liability for acts of the firm after his retirement.” Elucidate the statement referring to relevant provisions of the Indian Partnership Act, 1932. [10M]

(d) “The role of certifying officer is not quasi-judicial but administrative in nature.” Explain. [10M]

(e) “Public interest litigation is a tool to protect fundamental rights of persons or group of persons who are unable to approach the court due to poverty or social and economic conditions.” Critically analyze this statement. [10M]

(a) Examine the appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to criminal matters. [10M]

(b) The Parliament or any State Legislature should keep within the domain assigned to it and not encroach upon the other’s subject. Critically examine. [10M]

(c) "Every person who is a member of civil service of the Union holds office during the pleasure of the President." Is there any exception to this rule? Describe. [10M]

(d) The Indian Constitution permits delegation but imposes specific restrictions to ensure alignment with the Parent Act and protect legislative intent. Examine with illustrations. [10M]

(e) "A law is void only to the extent of inconsistency or contravention with the relevant Fundamental Right." Explain with the help of decided cases. [10M]

(a) The underlying principle of mens-rea is expressed in the familiar Latin maxim — ‘actus non-facit reum nisi mens sit rea,’ – ‘the act does not make a man guilty unless the mind is also guilty.’ Explain with decided cases. [10M]

(b) ‘The principle that every conspirator is liable for all the acts of co-conspirators is – they are towards attaining the goals of the conspiracy even if some of them have not actively participated in the commission of that offence/s.’ In the light of above statement, explain the principle of criminal conspiracy as per Indian Penal Code 1860. [10M]

(c) ‘It is the degree of negligence which really determines whether a particular action will amount to rash and negligent act as required to hold a person guilty of homicide under Section 304-A of Indian Penal Code, 1860.’ Discuss. [10M]

(d) ‘The determination of vicarious liability of the state is linked with the negligence made by all its functionaries and no immunity can be claimed.’ In the light of above observation discuss; vicarious liability of state with reference to its sovereign functions. [10M]

(e) ‘The introduction of “product liability” under the Consumer Protection Act, 2019 marked an end of the “buyer beware” doctrine and the introduction of “seller beware” as the new doctrine.’ Discuss. [10M]

(a) Define International Law. Enumerate its weaknesses and give suggestions for improvement. [10M]

(b) What is State recognition? Draw a distinction between recognition de jure and de facto. [10M]

(c) Examine the importance of nationality and discuss the modes of acquisition of nationality. [10M]

(d) Distinguish between the concept of territorial sea and inland water. Comment on the breadth of territorial sea that is internationally accepted. [10M]

(e) Examine the importance of 'the Economic and Social Council' as a principal organ of the United Nations. [10M]

(a) A “Quasi-Contract” arises out of judicial principles and not out of contractual agreement between two parties.’ Explain. [10M]

(b) Every partner of a Limited Liability Partnership (LLP) for the purposes of business is its agent but not that of other partners. Analyse the extent of liability of LLP and its partners. [10M]

(c) ‘The rights of an unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law.’ Explain. [10M]

(d) Mutual rights and duties of the Principal and agent may be wholly provided for in their contract. Discuss the general duties of the agent with special reference to the duty of reasonable care and skill. [10M]

(e) What is the commercial significance of the Geographical Indications of Goods? Explain the benefits that accrue to the registered proprietors and authorised users by registration of Geographical Indications of Goods. [10M]

(a) "Preamble of the Indian Constitution is indicative of basic values that the political system is expected to pursue." How far do you agree with the statement? Explain with reference to values that have been enshrined in the Preamble of the Constitution. [10M]

(b) "The office of the President under the Indian Constitution has been designed to be largely that of a 'figurehead'." Explain, with reference to the cases decided on the subject. [10M]

(c) "There is an obvious slant in favour of the Centre, in distribution of powers between Centre and States." Do you agree with the statement? Explain. [10M]

(d) "The principles of natural justice are not cast in stone and there is always a possibility of deviation from stated principles of law in view of overall demands of justice." Explain citing decided cases on the subject. [10M]

(e) Explain and elucidate the grounds of judicial review for administrative action, by quoting decided cases on the subject. [10M]

(a) Discuss the doctrine of ‘Transferred Malice’ as applied to law relating to culpable homicide under the Indian Penal Code, 1860. [10M]

(b) Discuss the nature and scope of right of Private defence of property along with limitations, if any, on the exercise of such right. [10M]

(c) Illustrate the doctrine of ‘constructive-criminality’ with reference to law on Abetment. [10M]

(d) “He who acts through another, does the act himself.” Discuss the tortious liability entailed in the above statement. [10M]

(e) Explain the various kinds of damages that a plaintiff can claim after a tort has been committed against him. [10M]

(a) "Triumph of Positivism has reduced an individual to be an object of international law rather than a subject of international law." Comment on the status of the individual under international law in the light of the above statement. [10M]

(b) What do you mean by 'Contiguous Zone'? Explain with reference to Indian practices on the subject. [10M]

(c) Explain the impact of recognition on the powers and privileges of the States. [10M]

(d) Explain the principle of 'Jus cogens' with reference to 'Vienna Convention on Law of Treaties, 1969'. [10M]

(e) "International Criminal Court is more of a Eurocentric Organisation than an International Court." Explain the jurisdiction of International Criminal Court in light of the above statement. [10M]

(a) “The law of contract is not the whole law of agreement, nor is it the whole law of obligations. It is the law of those agreements which create obligations, and those obligations which have their source in agreement” — Salmond. Critically examine this statement. [10M]

(b) “At the suit of a partner, the court may dissolve a firm on certain grounds specified in the Indian Partnership Act, 1932. The right of a partner to ask for dissolution on any of the grounds mentioned in the Act cannot be excluded by any agreement to the contrary.” Explain. [10M]

(c) “The parties cannot appeal against an arbitral award as to its merits. But, this does not mean that there is no check on the Arbitrator’s conduct. Awards may also be challenged.” Critically examine the above statement. [10M]

(d) “In India, there are different types of Intellectual Property rights, which are protected under different laws.” Explain. [10M]

(e) What kind of cases are heard by the ‘National-Green Tribunal’? How is it different from the Central Pollution Control Board (CPCB)? [10M]