IAS Mains Law Papers 1998

IAS Mains Law Science 1998

Paper I

Section A

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

    1. Constitution of India is first and foremost a social document. Granville Austin. Explain.

    2. Right to equality and protection to personal liberty are no longer mutually exclusive. Discuss.

    3. Repromulgation of ordinances without placing them before the Legislative Assembly is a fraud on the Constitution. Discuss with reference to D C Wadhwas case.

    4. What you cannot do directly, you cannot do indirectly. Discuss and comment on the theory of colourable legislation.

  2. Answer the following questions

    1. Directive Principles of state Policy have played a significant role in the interpretation of the Constitution. Explain and illustrate your answer.

    2. State the scope of the Freedom of Trade and Commerce in India. When and in which circumstances may preference to one State be given over others?

  3. Answer the following questions

    1. Right not to be discriminated on the ground of sex and the need for empowerment of women by making special provision for them required the State to ensure that women have adequate representation in Parliament. Argue for and against the proposed constitutional amendment for the purpose.

    2. Critically examine the existing scheme of Union and State relations in India. Comment upon the Sarkaria Commission Report in this connection and examine the property of the power of the Union Government to impose Presidents Rule in the States.

  4. Answer any two of the following:

    1. A body aged 16 was convicted and punished in 1957 to undergo rigorous punishment for six months. After his conviction the Probation of Offenders Act, 1958 was passed. In appeal he claims the protection of the Probation of Offenders Act, 1958. Decide

    2. Section 7 of the Delhi Laws Act, 1912 empowered the Provincial Government to extend with such restrictions and modifications as it thinks fit to the province of Delhi or any part thereof, any enactment which is in force in any part of India on the date of such notification. A petition is filed in the Supreme Court contending that delegation of such legislative power is not constitutional. Decide.

    3. The Government of India by an offence memorandum reserved 27% of posts for appointment under the State in favour of socially and educationally backward classes. A petition is filed in the Supreme Court challenging its validity on the ground that it could only be done by an Act of Parliament and not by an executive order. Decide.

Section B

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

    1. The United Nations is primarily an organization for maintaining peace and security. Discuss.

    2. Right to peace and right to development are not human rights in true sense. Discuss.

    3. Genocide, whether committed in time of peace or in time of war, is a crime under International Law. Explain.

    4. Everyone has the right to a nationality and no one shall be arbitrarily deprived of his nationality. Discuss.

  2. Answer the following questions

    1. What do you understand by lawful use of force? Explain in this context aggression, selfdefence and intervention.

    2. Trace and development of international law relating to sovereignty over the air-space.

    Explain the scope of legal control of use and abuse of outer space.

  3. Answer the following questions

    1. The British ship Scotia colloided in mind-ocean with the American ship Berkshire which was not carrying the rights required by the law. Decide the fault and liability under appropriate principles of international law.

    2. Rhodesia becomes independent by the unilateral Declaration of Independence. Examine the implications under relevant principles of international law.

    3. A group of people stages demonstration outside the Embassy of a foreign country in New

    Delhi. Shots were fired from inside the Embassy killing a Police Officer on duty outside to control the demonstrators. The Government of India requests the Foreign State to recall the staff responsible for shooting. Decide.

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

    1. Peaceful settlement of international disputes.

    2. Legality of the use of nuclear weapons

    3. Asylum

    4. World Trade Organization.

Paper II

Section A

  1. Answer any three of the following (answer to each question must not exceed 200 words):

    1. The appellant along with the other three named accused were charged under Sec 120 − B (criminal conspiracy) read with Sec 471 and Sec 420 IPC for conspiring to use forged documents and thereby induced the Controller of Imports to grant import licences. The magistrate acquitted all accused persons on all charges. The High Court on appeal reversed the acquittal of the appellant and convicted him for the substantive offence as well as conspiracy to commit such offence under Sec 120 − B of the Indian Penal Code. Do you advice the appellant to appeal to the Supreme Court? Give reasons.

    2. In all robbery there is either theft or extortion. Comment.

    3. On what grounds can a person committing any harm on a consenting individual be not punished? Is there any limit to the harm or can it be a harm to any extent?

    4. What test has the Supreme Court prescribed to understand the rarest of the rare cases while inflicting capital punishment? Can one argue that capital punishment in any case is against human right jurisprudence?

  2. Answer the following questions

    1. H files a petition for diverse against W. The court allows the divorce petition ex-parte. H marries Z after waiting for the period of appeal and the appeal being not preferred within the time. W, makes an appeal after the stipulated appeal period. The appeal court allows the appeal. Can H be tried for bigamy? Give reasons.

    2. When will sexual intercourse by a man with wife be rape?

    3. What changes are incorporated in the law dealing with the offence of rape in the recent past?

  3. Answer the following questions

    1. How do you distinguish the following? What reasons can be attributed for the difference?

      1. A solicitor, acting on behalf of his client, dictated a letter to the plaintiff stating therein that the (plaintiff) bears immoral character. The letter then was posted to the plaintiff.

      2. X told Z that Y is suffering from AIDS through the statement is not true.

    2. Distinguish the wrong committed in the following:

      1. The defendant told the plaintiff to leave the premises in occupation of the plaintiff. When the plaintiff refused, the defendant collected some of his workmen who mustered round the plaintiff, tucking up their sleeves and aprons and threatened to break the plaintiffs neck if he did not leave. The plaintiff then left the place.

      2. A take B by the collar and pushes him down the hill.

  4. Answer the following questions

    1. How do you distinguish between wrongful imprisonment and wrongful restraint? Explain with illustrations.

    2. Recent amendment to the Monopolies and Restrictive Trade Practices Act, 1969 has left the

    Act with only regulating restrictive trade practices. Justify the statement. Critically explain the provisions amended.

Section B

  1. Answer any three of the following questions in about 200 words each:

    1. Hire purchase does not have any legal regulation in India. Critically examine the statement.

    2. How do you distinguish void agreement and void contact? Does void contact have similar legal implications to voidable contract?

    3. What do you mean by force majecure clause in a contact? What implications does the clause have in view of the provision for supervening impossibility?

    4. What is the legal validity of a negotiable instrument where the promisor of the note simply signs a stamp paper for a promissory note of Rs. 5, 000 but he did not write anything exception merely signing on a blank stamp paper?

  2. Answer the following questions

    1. A managing partner of a partnership firm asks for your legal advice on why or why not the firm be registered. Give you opinion with reaons.

    2. What forms of the acid test for a partnership firm? Explain with illustrations.

  3. Answer the following questions

    1. One of the requirements for formation of a valid contact is free consent. Why then, in some case of absence of free consent, does it make the contract voidable, not a void agreement? Explain with illustrations.

    2. Critically explain the revolution of Banker-Customer relations in the common law countries.

    What type of relations would you suggest to suit the modern banking transactions?

  4. Do you find any areas of conflict between the Indian Sale of Good Act and the Consumer Protection

Act? Critically review the areas and suggest how may would like to resolve the conflict.