UPSC Mains LAW-PAPER-I 2012

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.

Are personal laws 'law' for the purposes of Part III of the Constitution ? Discuss with reference to leading case law.

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.

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.

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 ?

“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 ? What is your view for adopting such an approach by judiciary? Analyse critically.

Doctrine of Legitimate Expectation

Institution of Local Self Government

Modern progressive approach of the principles of natural justice

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. Also suggest the changes required to be made in the Land Acquisition Act, 1894.

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.

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.

With special reference to the United Nations Convention on Law of Sea (UNCLOS-III), 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.