IAS Mains Law Papers 1997

IAS Mains Law Science 1997

Paper I

Section A

  1. Answer any three of the following (each answer should be in about 200 words):

    1. The amending power of Parliament should not be subjected to the vague and uncertain doctrine of basic structure. Comment.

    2. Reservations should be made only in respect of direct recruitment at any level but not in respect of promotions. Discuss.

    3. The Writ of Habeas Corpus cannot be suspended even in an emergency. Discuss in the background of connected case law and constitutional provisions.

    4. Indian secularism is neither anti-religious nor is it based on total neutrality towards religion but is based on equal respect for all religions. Explain and illustrate.

  2. Answer the following questions

    1. In recent times certain directive principles have been judicially enforced and made enforceable by imaginative and creative interpretation of fundamental rights. Do you agree? Give reasons.

    2. The question whether any and if so what advice was tendered by Ministers to the President shall not be inquired into in any court-Art. 74 (2) of the Constitution.

    Examine the scope and ambit of the exclusion of judicial review mandated by this provision in the background of decided cases.

  3. Answer the following questions

    1. The concept of instrumentality or agency of the government is not limited to a corporation by a statute but it is equally applicable to a created company or society. Discuss and state whether Article 12 also includes private persons

    2. True our Constitution has no due process clause but after Maneka Gandhis case the consequence is the same. Discuss.

  4. Answer any two of the following:

    1. X was sentenced to death but his death sentence was not executed for ten years, X contends that to take away his life after keeping him in jail for ten years entitles him to demand the quashing of his death sentence under Article 21 of the Constitution. Examine Xs contenion.

    2. X on probation in Delhi Police force was served with a notice to show cause why he should not be discharged from service for gross neglect of duties and unsatisfactory work. X gave an explanation to appropriate authority which was not considered satisfactory. Thereafter the said authority passed an order discha9ing X from service for unsatisfactory work an d conduct X contends that the order is invalid as he has not been given a reasonable opportunity to be heard as required by Article 311 (2) of the Constitution. Discuss Xs contention and decide

    3. Clause 3 of the Constitution 44th Amendment Act which provides for several vital safeguards in favour of persons under preventive detention has not yet come into force as the Central

    Government has not issued the necessary notification under Clause 2 of the Amendment. A detenue aggrieved by the Central Governments apathy and in action moves the Supreme

    Court in proceedings under Art. 32 for a writ of mandamus to complete the Government to appoint and notify the date of commencement of Clause 3 forthwith. Is he entitled to seek suck a direction from the court? Discuss in the background of connected case law.

Section B

  1. Answer any three of the following (each answer should be in about 200 words):

    1. Before a usage may be considered as amounting to a customary rule of international law, the material and psychological aspects involved in the formation of the customary rule must be established Discuss.

    2. So far the municipal law effects are concerned, the judicial decisions have virtually erased a number of distinctions between de jure and de facto recognition. Examine.

    3. Is the threat or use of nuclear weapons in any circumstances permitted under international law? Answer the question in the light of the Advisory Opinion of the I. C. J. Dated 8th July 1996.

    4. Can e state invoke non-compliance with its domestic constitutional law as a ground for invalidating its cinsent to be bound by a treaty and if so when?

  2. Answer the following questions

    1. Although there can be a Continental Shelf where there is no E. E. Z. there cannot be an EEZ without a corresponding Continental Shalf. It follows that for juridical and practical reasons, the distance criterion must now apply to the Continental Shelf as well as to the EEZ, and this is quite apart provision as to distance in para 1 of Art. 76 (Sea Law Convention 1982) -ICJ in Libya/Malta case concerning the Continental Shelf-ICJ Rep. 1985 p. 13 Critically examine the above observations of the International Court and consider whether they entail any departure from the law as expounded by the court in the 1969 Continental Shelf cases.

    2. The theory of extra-territoriality is not the correct basis of the immunities and privileges which the diplomatic agents enjoy. Do you agree with this view? Give reasons.

  3. Answer the following questions

    1. A lieutenant of State forces in a town in Mexico was ordered by the Mayor of the, town to proceed with troops to quell riots against certain American citizens. The troop on arriving at the scene of the riot, instead of dispersing the mob, opened fire on the house in which Americans were taking refuge and killed one of them. Can the Mexican government be held responsible for the wrongful acts of the soldiers, even though they had acted beyond the scope of their authority? Discuss with reference to the rule of state responsibility for international delinquencies.

    2. Smith and Company registered in India was carrying on trade with Sikkim before it became part of India. The government of Sikkim confiscated a few consignments set to the company office in Sikkim from India. Soon thereafter Sikkim became part of India. Smith and Company claims consignments or their value from government of India. Discuss the liability of the government of India towards Smith and Company

    3. State A received information that its neighbour, State B is preparing to invade its territory. In order to forestall the invasion State A attacks State B and disperses the troops amassed in the

    State B. States A and B, both are the members of the Unite Nations.

    State B brings a complaint against State A in the Security Council and contends that State A has committed aggression. State A pleads self-defence.

    Discuss the validity of the use of force by State A.

  4. Write short notes on any three of the following:

    1. Legal significance of the Resolutions of the General Assembly.

    2. Advisory opinion of International Court of Justice on Western Sahara I. C. J. 1975 p 12.

    3. Convention on International Liability for Damage Caused by Space Objects, 1971.

    4. Concept of opposability.

Paper II

Section A

  1. Answer any three of the following (each answer should be in about 200 words):

    1. Under the Indian Penal Code there is no right of private defence in which there is time to have recourse to the protection of public authorities. Examine.

    2. The abetment of the illegal omission of an act may amount to an offece although the abettor may not himself be bound to do that act. Examine.

    3. In tort the plaintiff wins his case only when he proves as to what particular tort the defendant has committed against him. Examine.

    4. The mere fact that a process or business is useful to persons generally, in spite of its annoyance to the plaintiff, is no defence to an action for the tort of nuisance. Examine.

  2. Answer the following questions

    1. It is now a settled law in India that death sentence can be imposed only in the rarest to the rare cases. Examine the above statement with the help of important decided cases clearly identifying as to what are rarest of rare cases.

    2. X group, consisting of seven persons, waylaid Y group of persons. In the fighting that ensued between the two groups A, a person belonging to the X group, was injured. Because of the injury A had to withdraw to one side and he took no further part in the fight that continued between the two groups. Sometime later a person belonging to the Y group was killed in the fighting. A along with other persons of the X group are prosecuted for the murder. Decide.

  3. Answer the following questions

    1. In the tort of malicious prosecution the plaintiff must prove, among other things, that the defendant was the person who was actively instrumental in puffing the law in force. Examine.

    2. The defendant newspaper company publishes the photographs of Mr. A and Mr. B along with the caption that they were getting married on that day. They published this only Mr. A himself had confirmed to then correspondent that the news was true. The fact, however, was that Mr. A was already married but his wife was residing in another city because their relations were strained. The wife Mrs. A files a defamation suit against the defendant.

    Decide.

  4. Answer the following questions

    1. The thrust of the Protection of Civil Rights Act. 1955 is to liberate the society from blind ritualistic adherence and traditional beliefs which have lost all legal and moral base. Examine.

    2. In the light of the relevant provisions in the prevention of Food Adulteration Act, 1954 and the judicial prononcements discuss as to whether a company enjoys immunity from prosecution in respect of those offences where the minimum punishment prescribed is imprisonment.

Section B

  1. Answer any three of the following (each answer should be in about 200 words):

    1. Under the law of contract the intention of the parties must be manifested clearly so that their obligations mast be demarcated with certainty. Examine.

    2. The cost, insurance and freight (C. I. F.) contract is not a contract of sale of goods but a contract of sale of documents relating to goods. Examine.

    3. An agent cannot personally enforce a contract entered into by him on behalf of the principal, nor is he personally bound by them. Examine.

    4. A cheque is a bill of exchange drawn on a specific banker and is not expressed to be payable otherwise than on demand Examine.

  2. Answer the following questions

    1. In India the impossibility of performance covers both the agreement to do impossible act as well as the contrect to do act afterwards becoming impossible or unlawful. Examine.

    2. The plaintiff bank made payment of certain crossed cheques to the defendantbank. The latter informed their customer-payee of the cheques that the payment had been received for the cheques. It then turned out that the cheques were forged. The plaintiff sued the defendant bank and his customer to recover back the amount contending that the payment had been made under the mistaken belief that the cheques were genuine. Decide.

  3. Answer the following questions

    1. Discuss the law relating to contribution and indemnity between partners. Also discuss as to what happens in case one of the partners is unable to contribute.

    2. A government building contract is allotted through tenders. It falls to the share of a Karnataka based contractor who transports his mobile workshop from there to the work site at Jammu.

    He had done only apart of the work when the government unjustifiably repudiates the contract. The contractor sues for the loss of profits. Decide.

  4. Answer the following questions

    1. Examine the mechanism envisaged by the Monopolies and Restrictive Trade Practices Act, 1969 to have surveillance over restrictive trade practices.

    2. Examine the nature and scope of the remedies under the Consumer Protection Act, 1986.