{"id":3652,"date":"2022-04-06T12:28:00","date_gmt":"2022-04-06T06:58:00","guid":{"rendered":"https:\/\/www.infipark.com\/articles\/?p=3652"},"modified":"2022-04-14T00:24:04","modified_gmt":"2022-04-13T18:54:04","slug":"2016-upsc-cse-law-optional-question-paper","status":"publish","type":"post","link":"https:\/\/www.infipark.com\/articles\/2016-upsc-cse-law-optional-question-paper\/","title":{"rendered":"2016 UPSC CSE Mains Law Optional Question Paper"},"content":{"rendered":"\n

PAPER I<\/strong> SECTION-A<\/strong><\/h2>\n\n\n\n

Q1.Answer the following questions<\/strong> in  about<\/strong> 150 words each : 10 x 5 = 50<\/strong> (a)<\/strong> Explain the concept of Federalism\u2019 as incorporated in the Indian Constitution.<\/p>\n\n\n\n

(10 MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cThe procedure adopted for amending the Constitution is unique; it is not rigid yet difficult.\u201d Elaborate. (10 MARKS)<\/p>\n\n\n\n

(c)<\/strong> The rule against bias strikes at such factors which may improperly influence in arriving at a decision. Comment. (10 MARKS)<\/p>\n\n\n\n

(d)<\/strong> What do you understand by the term \u201cEminent Domain\u2019? Discuss its relevance in the present-day context. (10 MARKS)<\/p>\n\n\n\n

(e) <\/strong>Discuss the relationship between \u201cFundamental Rights\u2019 and \u2018Directive Principles of State Policy in the light of the constitutional amendments and decided cases. ( 10 MARKS)<\/p>\n\n\n\n

Q2.(a)<\/strong> Discuss the legislative powers of the Union and States as provided in the Constitution on the basis of subjects and territory.    ( 20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Discuss \u2018Residuary Powers\u2019 of the Parliament to legislate.  (15 MARKS)<\/p>\n\n\n\n

(c) <\/strong>\u201cThe need for administrative rule making entails delegated legislation.\u201d Comment.    (15 MARKS)<\/p>\n\n\n\n

Q3.(a) <\/strong>Briefly enumerate the executive powers of the President, especially when two or more States are involved in non-observance of an inter-State agreement. (15 MARKS)<\/p>\n\n\n\n

(b)<\/strong> While discussing the underlying principle of the 99th Amendment Act, 2014, comment on the present system of appointment of judges to the Higher Judiciary in the country.  (20 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Discuss the powers and functions of the Union Public Service Commission. Also explain how it has maintained its impartiality.  (15 MARKS)<\/p>\n\n\n\n

Q4.(a)<\/strong> \u201cThe \u2018Rule of Law is based on the principle of legality and is opposed to exercise of arbitrary powers.\u201d Discuss. Explain whether failure to give reasons amounts to exercising power arbitrarily.  ( 20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> The role of \u2018Ombudsman\u2019 is to correct the administrative faults which are troubling the rights of a person in view of proliferation of trading entities. Discuss.  (15 MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cThe Policy and Guideline Theory\u2019 presupposes delivery of justice by quasi-judicial authority.\u201d Elaborate it.                        ( 15 MARKS)<\/strong>
<\/p>\n\n\n\n

SECTION-B<\/strong><\/h2>\n\n\n\n

Q5.Answer the following questions<\/strong> in  about<\/strong> 150 words each : 10 x 5 = 50<\/strong> (a)<\/strong> Discuss the nature and basis of International Law.  ( 10 MARKS)<\/p>\n\n\n\n

(b) <\/strong>Discuss the status of individual in International Law especially with respect to Human Rights Treaties.  (10 MARKS)<\/p>\n\n\n\n

(c)<\/strong> A treaty is void if it conflicts with an existing or new or emerging peremptory norm of International Law or jus cogens\u2019 at the time of its inclusion. Comment.  (10 MARKS)<\/p>\n\n\n\n

(d)<\/strong> Discuss whether the trend of convention providing a special clause prohibiting all kinds of reservations or some or specific or special kind of reservation or prohibiting reservations totally will hinder the growth of International Law.  (10 MARKS)<\/p>\n\n\n\n

(e)<\/strong> International Law evidences the evidentiary theory of recognition. Discuss.  (10 MARKS)<\/p>\n\n\n\n

Q6.(a)<\/strong> Discuss how International Law becomes part of the law of the land in India. In case of conflict between the International Law and Municipal Law, which one would be applied by the Municipal Courts of this country? Explain.   (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Can India invoke the India-UK Mutual Legal Assistance Agreement for extraditing an Indian national who has run away to UK in spite of an Indian Court order in respect of fraud and money laundering against him? Explain.    (15 MARKS)<\/p>\n\n\n\n

(c) <\/strong>What are the essential differences between the International Humanitarian Law and International Human Rights Law? Explain. (15 MARKS)<\/p>\n\n\n\n

Q7.(a)<\/strong> Discuss the legal regime of right of innocent passage\u2019 through the territorial waters (including international straits) of a State.    (20 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Discuss the law of delimitation of the continental shelf of a State including the continental shelf common to two or more States.    (20 MARKS)<\/p>\n\n\n\n

(c) <\/strong>Discuss the functions, powers and jurisdiction of the International Tribunal for the Law of the Sea (ITLOS) established under the UN Convention on the Law of the Sea, 1982.  (10 MARKS)<\/p>\n\n\n\n

Q8.(a)<\/strong> Discuss the constituent elements of an international rule of customary law with the help of cases.    (10 MARKS)<\/p>\n\n\n\n

(b)<\/strong> Discuss with the help of relevant case law, various methods specifically mentioned under Chapter VI of the UN Charter to resolve international disputes peacefully. Also discuss the role of Security Council in this regard.    ( 20 MARKS)<\/p>\n\n\n\n

(c)<\/strong> Final words of Paris Agreement under the UNFCCC, 2015 was adopted unanimously by 195 countries. According to this Agreement, Nationally Determined Contributions (NDC) are to be reported every 5 years and are to be registered with UNFCCC Secretariat which will be \u2018progressive\u2019 depending upon the targets set by each country itself and therefore contributions have been made \u2018non-binding\u2019 as a matter of international law and there will be a \u2018name and shame system\u2019 or \u2018name and encourage plan\u2019. After explaining essential features, comment on the effectiveness of such an agreement.    (20 MARKS)
<\/p>\n\n\n\n

PAPER II<\/strong><\/h2>\n\n\n\n

SECTION\u2014A<\/strong><\/h2>\n\n\n\n

Q1.<\/strong> Answer the following in about 150 words each. Support your answer with legal provisions and judicial pronouncements. <\/strong> 10×5=50 marks<\/strong> (a)<\/strong> \u201cIn determining the quantum of criminal liability, the law takes into account the motive, magnitude and character of the offender.\u201d Examine this statement in the light of absence of mens rea in statutory offences. (10 MARKS)<\/strong><\/p>\n\n\n\n

(b)<\/strong> \u201cThe Prevention of Corruption Act, 1988 prevents the public servants from misuse and abuse of their official capacity.\u201d Comment. (10<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cNo fault liability rule has undergone a drastic change in the recent past.\u201d Comment. ( 10<\/strong> MARKS)<\/p>\n\n\n\n

(d)<\/strong> \u201cMalice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must prove independently of the acquittal that his prosecution was malicious and without reasonable and probable cause.\u201d Comment. ( 10<\/strong> MARKS)<\/p>\n\n\n\n

(e)<\/strong> Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially with reference to plea bargaining. (10<\/strong> MARKS)<\/p>\n\n\n\n

Q2.(a)<\/strong> \u201cSection 124A of the IPC dealing with sedition is ultra-vires of the Constitution insofar as it seeks to punish merely bad feelings against the Government. It is an unreasonable restriction on freedom of speech and expression guaranteed under Article 19(1)(a) and is not saved under Article 19(2) of the Constitution by the expression \u201cin the interest of public order\u201d.\u201d Comment. (20<\/strong> MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cCulpable homicide is not murder, if it is committed without premeditation, in a sudden fight in the heat of passion.\u201d Critically examine the statement with leading case law. (15<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cA man is not criminally responsible for unintended and unknown consequences of his lawful acts performed in a lawful manner, by lawful means with proper care and caution.\u201d Elucidate. (15<\/strong> MARKS)<\/p>\n\n\n\n

Q3<\/strong>.(a)<\/strong> \u201cHarm suffered voluntarily does not constitute a legal injury and is not actionable.\u201d Elaborate along with its limitations. ( 20<\/strong> MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cDirect evidence of negligence, however, is not always necessary and the same may be inferred from the circumstances of the case.\u201d Elucidate with cases. (15<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cIt is immaterial whether the defendant intended the defamatory statement to apply to the plaintiff or knew of the plaintiff\u2019s existence if the statement might reasonably be understood by those who knew the plaintiff, to refer to him.\u201d Elucidate with case law. (15<\/strong> MARKS)<\/p>\n\n\n\n

Q4.(a)<\/strong> \u201cProvisions of the Consumer Protection Act, 1986 shall be in addition to and not in derogation of the provisions of any other law for the time being in force.\u201d Critically examine the statement. (15<\/strong> MARKS)<\/p>\n\n\n\n

(b) <\/strong>\u201cThe law making conspiracy a crime is designed to curb immoderate power to do mischief which is gained by a combination of the means.\u201d Explain. (15<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cEvery confinement of the person is an imprisonment, whether it be in a common prison or in a private house, or in the stocks or even by forcibly detaining one in the public streets.\u201d Explain with the help of case law. (20 MARKS)<\/strong>
<\/p>\n\n\n\n

SECTION\u2014B<\/strong><\/p>\n\n\n\n

Q5.Answer the following in about 150 words each. Support your answer with relevant legal provisions and decided cases.      10×5=50 marks<\/strong><\/p>\n\n\n\n

(a)<\/strong> \u201cAn offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It produces something which cannot be recalled or undone\u201d \u2014 Anson. Explain. (10<\/strong> MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cEvery contract contains a \u2018core\u2019 or \u2018fundamental obligation\u2019 which must be performed. If one party fails to perform this fundamental obligation, he will be guilty of a breach of contract whether or not any exempting clause has been inserted which purports to protect him.\u201d Critically examine the statement with case law. (10<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cIn determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in the firm, regard shall be had to the real relations between the parties, as shown by all relevant facts taken together.\u201d Comment. (10<\/strong> MARKS)<\/p>\n\n\n\n

(d)<\/strong> A owed B \u2018 1,000, but the debt is barred by the Limitation Act, 1963. Subsequently A signs a written promise to pay \u2018 1,000 on account of the previous debt. Decide the validity of this agreement. ( 10<\/strong> MARKS)<\/p>\n\n\n\n

(e)<\/strong> \u201cEvery sole maker, drawer, payee or endorsee, or all of joint makers, drawers, payees, or endorsees, of a negotiable instrument may endorse and negotiate it.\u201d In the light of the above statement, distinguish between endorsement and negotiation and also explain different kinds of endorsements\u2019. (10<\/strong> MARKS)<\/p>\n\n\n\n

Q6.(a)<\/strong> \u201cThe Right to Information Act, 2005 was enacted in order to promote transparency and accountability in the working of every public authority.\u201d How far has this goal been achieved by the Right to Information Act, 2005 in the last ten years ? Critically analyse your answer with the support of exceptions and case law.  ( 15<\/strong> MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cThough there is no law for media trial, however, in freedom of expression and speech under fundamental rights, media has the freedom to express its views based on evidence. This trial has no authority before the court of law.\u201d Critically examine the statement with case law. (15<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cThere can be a mistake of identity only when a person bearing a particular identity exists within the knowledge of the plaintiff, and the plaintiff intends to deal with him only. If the name assumed by the swindler is fictitious, there will be no mistake of identity.\u201d Examine the statement with leading case law. (20<\/strong> MARKS)<\/p>\n\n\n\n

Q7.(a)<\/strong> Highlight the important amendments made in the Arbitration and Conciliation Act, 1996 by the Arbitration and Conciliation (Amendment) Act, 2015. ( 15<\/strong> MARKS)<\/p>\n\n\n\n

(b)<\/strong> \u201cThe revocation of agent\u2019s authority can be made by the principal subject to certain rules.\u201d Examine these rules in the light of protection to agent. (15 MARKS)<\/strong><\/p>\n\n\n\n

(c)<\/strong> \u201cThe rights of unpaid seller do not depend upon any agreement, express or implied, between the parties. They arise by implication of law.\u201d Elucidate. (15 MARKS)<\/p>\n\n\n\n

Q8.(a) <\/strong>\u201cThe object of awarding damages for a breach of contract is to put the injured party in the same position, so far as money can do it, as if he had not been injured.\u201d In the light of the above statement, explain the various kinds of damages that the court can award. Also explain the rules relating to assessment of damages. ( 20<\/strong> MARKS)<\/p>\n\n\n\n

(b)<\/strong> Explain the salient features and your views on the Information Technology Act, 2000 as amended in 2008 by the Information Technology (Amendment) Act, 2008. ( 15<\/strong> MARKS)<\/p>\n\n\n\n

(c)<\/strong> \u201cThe object of Public Liability Insurance Act, 1991 is to provide relief to the victims of accidents in hazardous industries in addition to any other right to claim compensation.\u201d Explain with case law. (15<\/strong> MARKS)<\/p>\n","protected":false},"excerpt":{"rendered":"

PAPER I SECTION-A Q1.Answer the following questions in  about 150 words each : 10 x 5 = 50 (a) Explain the concept of Federalism\u2019 as incorporated in the Indian Constitution. (10 MARKS) (b) \u201cThe procedure adopted for amending the Constitution is unique; it is not rigid yet difficult.\u201d Elaborate. (10 MARKS) (c) The rule against […]<\/p>\n","protected":false},"author":11,"featured_media":3744,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,31],"tags":[149,148,150,95],"class_list":["post-3652","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-education","category-exam-papers-solutions","tag-cse","tag-law-optional","tag-question-paper-2016","tag-upsc"],"_links":{"self":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/3652","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/users\/11"}],"replies":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/comments?post=3652"}],"version-history":[{"count":2,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/3652\/revisions"}],"predecessor-version":[{"id":3780,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/3652\/revisions\/3780"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media\/3744"}],"wp:attachment":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media?parent=3652"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/categories?post=3652"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/tags?post=3652"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}