IAS Mains Law 2017 Expected Questions

  1. Write a critical note on: Residuary Powers.

  2. Write a critical note on: Whether law relating to preventive detention can be challenged for violation of Article 19?

  3. Write a critical note on: Introduction of Uniform Civil Code.

  4. “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 such that they cover all possible topics and without any overlapping.”

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

  6. 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.

  7. 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.

  8. 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.

  9. 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?

  10. “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 defenses of ‘fair criticism’ and ‘truth’ in the light of Contempt of Courts Act, 1971.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. Write a critical note on the Doctrine of Legitimate Expectation.

  16. Write a critical note on the Institution of Local Self Government

  17. Write a critical note on the Modern progressive approach of the principles of natural justice

  18. Constituent power to frame the constitution and the constituent power to amend the constitution have different connotation and scope. Explain.

  19. “The judiciary by usurping the powers of the other two organs of the Government in certain powers has diluted the theory of separation of powers.” Do you agree? Examine critically.

  20. Do local bodies enjoy autonomy to performing their role in the field of economic development and social justice? Explain.

  21. The Governor of a state holds office during the pleasure of the President of India. Can he be removed by the President at any time without any reason? Examine in the context of the position of the Governor in the Indian Constitution.

  22. “Equality is a dynamic concept with many aspects and dimensions, and it cannot be cribbed, cabined or confined within traditional and doctrinaire limits.” Explain how the judiciary has widened the scope of the right to equality by various decisions.

  23. Right to life has been extended to a clean human environment by the courts. Discuss the development of law in this regard.

  24. The decision of the SC in ADM Jabalpur, according to Upendra Baxi, “made the darkness of the emergency completely dark”. Do you think that the Constitution (44th Amendment) Act, 1978 removed this darkness and provided for better protection of the FR? Explain.

  25. Examine whether the Election Commission of India has succeeded in performing the two responsibilities entrusted to it under A. 324 of the Constitution of India. What steps would you suggest to ensure the preparation of correct electoral rolls?

  26. Write critical note on Doctrine of Prospective Overruling

  27. Write critical note on Duties of the PM regarding furnishing information to the Prez

  28. Write critical note on Secularism

  29. “The fragrance and colour which is enshrined in A. 141 is destined to uphold the Rule of Law in the interest of justice and the people of India”. Do you agree? Give reasons.

  30. Is the right to vote a fundamental or statutory right? Justify your statement with the help of relevant case law.

  31. “While certainty of law is important in India, it cannot be at the cost of justice.” Critically examine this statement in the context of curative petitions and refer to case law.

  32. The doctrine of separation of powers in its classical sense, which is functional rather than structural, cannot be applied in any modern government. Discuss.

  33. New frontiers of criminal justice have been spelt out from A.21 which provides that no person shall be deprived of his right to life and personal liberty except according to procedure established by law. Discuss with reference to case law.

  34. Critically examine the role of the SC of India in the maintenance of minimum standards in public life and polity. Opine on how much of it is judicial activism and how much of it is enforcement of the rule of law.

  35. In recent times, the role of Governor in the appointment and dismissal of CM has been impugned and it is said that the Court has assumed the role of the Governor and Speaker. Comment. Refer to recent cases where the SC has directed t take the composite floor test and report to the Court.

  36. Write critical note on “the power to destroy the constitution is not included in the power to amend the constitution.”

  37. Write critical note on “it is the religious teaching, not the teaching of religion which is prohibited under the constitution of India.”

  38. Write critical note on “the doctrine of excessive delegation is a judicially tailored principle.”

  39. Differentiate between ‘Federal Constitution’ and ‘Federal Government’. Based on judicial pronouncements and your perception of the working of our Constitution, comment on whether India has a Federal Government or a Federal Constitution.

  40. “There is still a controversy whether ‘reasoned decisions’ comprise a third pillar of natural justice.” Do you agree with this statement? Discuss with reference to recent case laws.

  41. Define and distinguish between ‘formal equality’ and ‘substantive equality’ as interpreted by the Apex Court of the country.

  42. How would you judge the constitutional validity of an amendment giving primacy to the executive in the matter of appointment of the judges of the Supreme Court and the High Courts?

  43. The term ‘freedom of speech and expression’ in A. 19(1)(a) has been held to include the right to acquire information and disseminate the same.” Elucidate the import of this statement in the context of the media industry. Is the right to paint or sing or dance covered by A. 19(1)(a) of the Constitution or not?

  44. “The DPSP which have been declared to be fundamental in the governance of the country cannot be isolated from FR.” Explain critically. Also throw light with reference to recent judgments on the Supreme Court’s view as regards the interplay of DPSP and FR

  45. Spell out the object and reasons of Part IV A of the Constitution. Do you support this addition to the Constitution? Give reasons and also suggest some effective measures to make these provisions more realistic and operational.

  46. Write a short note on “scope of the right with regard to self-incrimination”.

  47. Write a short note on “Indian ombudsman – unfulfilled dream”.

  48. Write a short note on “powers of Election Commission are not sufficient”

  49. Differentiate between ‘Federal Constitution’ and ‘Federal Government’. Based on judicial pronouncements and your perception of the working of our Constitution, comment on whether India has a ‘Federal Government’ or a ‘Federal Constitution’

  50. Define and distinguish between ‘formal equality’ and ‘substantive equality’ as interpreted by the Apex Court of the country.

  51. How would you judge the constitutional validity of an Amendment giving primacy to the executive in the matter of appointment of the judges of the Supreme Court and High Courts?

  52. “The term ‘freedom of speech and expression’ in A. 19(1) (a) has been held to include the right to acquire information and disseminate the same.” Elucidate the import of this statement in the context of the media industry. Is the right to paint or sing or dance covered by A. 19(1)(a) of the Constitution or not?

  53. “The Directive Principles which have been declared to be fundamental in the governance of the country cannot be isolated from Fundamental Rights.” Explain critically. Also throw some reference to recent judgments on the Supreme Court’s view as regards the interplay of Directive Principles and Fundamental Rights.

  54. Spell out the object and reasons of Part IVA of the Constitution of India. Do you support this addition to the Constitution of India? Give reasons and also suggest some effective measures to make these provisions more realistic and operational.

  55. Write a short note on: Scope of the right with regards to self-incrimination

  56. Write a short note on: Indian ombudsman – unfulfilled dream

  57. “By evolving the concept of jurisdictional facts, the courts have broadened the power of judicial review of administrative action.” Discuss this statement and compare the extent of judicial review of administrative action over jurisdictional facts and ordinary facts.

  58. “There is still a controversy whether ‘Reasoned Decisions’ comprise a third pillar of natural justice.” Do you agree with this statement? Discuss with reference to recent case laws

  59. “By evolving the concept of jurisdictional facts, the Courts have broadened the power of judicial review of administrative action.” Discuss this statement and compare the extent of judicial review for administrative action over jurisdictional facts and ordinary facts.

  60. “The word ‘Voluntary’ as used in the Indian Penal Code is very significant and it does not mean willingly but knowingly or intentionally.” Explain.

  61. “Fake police encounters are nothing but murders and police officers committing it without any protection of law to them deserves death penalty as the cases fall into rarer of the rarest category.” Comment.

  62. “Involuntary drunkenness is a defence.” Critically examine the law relating to intoxication as defence.

  63. Mr.X, the producer of a film showing life of ‘homosexuals’, is prosecuted under Section 292 of the Indian Penal Code, alleging that the film was obscene and indecent. The film 2013 25/? was certified by the Censor Board of Film of India for public shows. X intends to claim protection against his charge under Section 79 of the Indian Penal Code. Can he do so? Justify your answer.

  64. The natural calamity in Uttarakhand left hundreds dead. Some people were seen removing gold ornaments, watches and other valuables from these dead bodies. Few days later, police apprehended them and wanted to prosecute them. Under which provisions of the Indian Penal Code can they be prosecuted? Discuss.

  65. “Plea bargaining, which was considered unconstitutional, illegal and tending to encourage complaint, collusion and pollution of the pure punt of justice, is now a part of sentencing under the Indian Criminal Law.” Comment

  66. Refused to marry her boyfriend P, resulting into Ps depression. Mr. R, a friend of P, suggested him to take revenge with an intention that P will come out of shock. R provided P with a bottle of liquid believing it as acid. P mistook X to be Q in darkness and threw it on her (X) causing rashes on the face of X, which later resulted into serious injuries. The investigations revealed that it was not acid but was a concentrate of fungicide. Decide the liability of P and R in this case, keeping in mind that defenses which may be available to P and R.

  67. “Culpable homicide is the genus and murder is species, and that all murders are culpable homicide but not vice versa.” Discuss in the light of legal provisions and some decided cases.

  68. “The recent Criminal Law (Amendment) Bill, 2011 seeks to replace ‘rape’ by the term ‘sexual assault’ in the IPC and intends to make rape a gender neutral offence in the country.” Examine whether this is appropriate.

  69. “The expression ‘good faith’ has a definite identity in the Indian Penal Code.” Discuss.

  70. The accused was separated from his wife. She was living with his father. The accused was keeping their child with someone else. During the noon of a day, his wife took away the child. The accused, on hearing this, reached her house and quarreled. Later, the accused and his father-in-law happened to meet at the market. They again quarreled, grappled with each other. Both fell down. In the heat of passion, the accused stabbed his FIL and he died. Discuss, in the light of legal provisions whether the accused would have any lawful defence in this case.

  71. “There may be an element of abetment in a conspiracy but conspiracy is something 2012 20/? more than an abetment.” Discuss with illustrations.

  72. The accused, one of the two joint owners of a shop, put her lock on the shop which was let out by another joint owner without her consent. The tenant charged with accused with the offence of wrongful restraint in that he was prevented by the lock from entering into the shop. Discuss in the light of legal provisions whether the accused has committed the offence of wrongful restraint.

  73. A contractor was given cement for construction work by the Minor Irrigation Department of a State Govt. under a specific agreement that he would return unused cement but instead of doing so, he sold the cement to outsiders. Mentioning relevant legal provisions, discuss what offence, if any, is committed by the contractor.

  74. “The Indian Penal Code gives protection to one who does an act in good faith for the benefit of another.” Discuss.

  75. “The Indian Penal Code extends protection to acts done by misfortune under certain circumstances.” Discuss.

  76. “Merely doing certain acts that would bring the Government established by law into hatred or contempt is not the decisive ingredient of Sedition.” Discuss. Also state the view of the Law Commission of India about reforms on this provision.

  77. ‘A’, with the intention of bringing Hash, a prohibited drug in India stealthily brought in his bag a cover believing that it contains Hash while coming from Bangladesh to India. While trying to sell the same to ‘B’, a dispute regarding its price arose. B grudgingly informed the police who opened the bag. It was found that it was a harmless snuff powder and not hashish. Discuss the liability of A.

  78. “It would be wrong to perceive nudity and sex as essentially obscene, indecent or immoral. Sex and obscenity are not always synonymous.” In light of the above statement, elaborate the position of obscenity as an offence in India.

  79. An army Jawan X who was away from his home for the last two years, requested his senior for leave, which Y refused. Annoyed at this, X fired two shots at Y, one shot hitting Y beneath the knee of the right leg as a result of which he fell down. X fired another shot which hit Y at the upper left arm. Y died after ten days. Discuss the liability of X.

  80. Distinguish between common intention from abetment and criminal conspiracy.

  81. “Right of private defence is available only against offences.” Discuss.

  82. “Defence of volenti non fit injuria is not available when the rescuer is injured in an act of rescuing.” Discuss.

  83. Discuss the principle of Res Ipsa Loquitor. Refer to recent cases.

  84. “In order to constitute a public nuisance there must be an act or an illegal omission, and it is not necessary that the act should be illegal.” Explain the offence of public nuisance with the help of decided cases.

  85. A and B were both security guards posted outside the home of a senior army officer, Mr. X. They often used to exchange hot words with each other. On Holi day, both of them has a verbal tussle due to the fact that both wanted to go home early for the festival, that led to an altercation, and both of them instantly aimed their revolvers at each other. C, who was also on duty with them intervened and pacified both of them,. Both lowered their weapons, but the moment B noted that A had lowered his weapon; he immediately fired at A and killed him. On being tried, B was awarded death sentence, but the HC, on appeal, acquitted B on the plea of self defence. The State intends to go in for appeal in the SC against the decision of the HC. Advise in light of the case law on the subject.

  86. Discuss the law relating to criminal intimidation. Refer to case law. In what way is extortion different from criminal intimidation?

  87. What test has the SC prescribed to understand the “rarest of the rare cases theory” while inflicting capital punishment? Can one argue that capital punishment in any case is against society?

  88. Do you find it necessary to convict the accused under S. 304B and S.498A of IPC? Refer to recent cases.

  89. Mr. A, a chronic heart patient was drawn into a political debate and in the course of the argument; his adversary looked at him fiercely and said that people like him should be hit till they are dead. Hearing this, A suffers from a heart attack and dies on the spot. Discuss the liability of his adversary. Argue for the state also.

  90. A, a minor girl, leaves her parents’ house because of ill treatment and lives with B, her friend. Can he be prosecuted for kidnapping?

  91. “Although the requirements of men’s rea are general throughout the criminal law, there are numerous exceptions to it.” Explain with illustrations.

  92. Explain the ingredients of the offence of criminal misappropriation of property and distinguish this from criminal breach of trust. A sees Z drop his purse with money in it. A picks up the purse with the intention of returning it to Z, but afterwards appropriates it for his own use. Has A committed any offence? Discuss.

  93. Distinguish between culpable homicide and causing death by rash and negligent act. A, a woman with a view to poisoning her husband, administered to him a substance which she believed to be poison, but which in fact was harmless. What offence, if any, has she committed in this case?

  94. “An attempt at deceit which does not deceive is not fraud.” Do you agree?

  95. “Due to increasing penetration of international legal rules within the domestic systems, the distinction maintained between two autonomous zones of international and municipal law has been somewhat blurred.” Explain with special reference to Indian practice. How international legal rules emanating from customs and treaties, influence the actions of domestic agencies?

  96. While concluding a multilateral treaty, a State can make reservation(s) and the other State(s) may accept or reject such reservation(s) without jeopardising the object and integrity of the treaty. Discuss the need and relevance of reservations in treaty law in the light of above statement.

  97. Explain the rights and duties of coastal state over continental shelf, exclusive economic zone and high seas as defined under the provisions of UN Convention on Law of Sea (III), 1982.