UPSC Mains 2021: Download Law Optional Paper - 1
UPSC Civil Services Mains 2021 Exam Question Paper
Subject: LAW Paper - 1
Marks : 250
Duration: 3 hours
Section - A
Question No. 1: Answer the following
questions in about 150 words each:
(a) "The Fundamental Rights may be said to constitutionalise social values
of existing society." Explain and illustrate.
(b) “Public Interest Litigation in India is judge-led and even to some
extent judge-induced." Explain with the help of relevant case law.
(c) “Right to Education is the base for the Fundamental Rights and Human
Rights." Discuss the efforts made by the Government with regard to Right to
Education of the children.
(d) Explain the relationship between the President and the Council of K
Ministers. Is the President bound to accept the advice of the Council of par
Ministers ? Discuss.
(e) Delegation of 'Legislative Powers' has neither been permitted nor
prohibited under the Indian Constitution. Discuss the constitutionality of
delegated legislation with the help of decided cases.
Question No. 2: (a) "Pluralism is the
keystone of Indian culture and religious tolerance is the bedrock of Indian
Secularism. It is based on the belief that all religions are equally good and
efficacious pathways to perfection of God-realisation. Thus, all persons are
equally entitled to freedom of religion which is not absolute." Critically
examine the above statement with the help of constitutional provisions and
relevant case laws.
(b) Discuss the procedure for the appointment of judges of the Supreme
Court and High Courts and transfer of judges of the High Courts in the light of
the decisions of the Supreme Court of India. Also refer to the constitutional
provisions.
(c) Discuss the purpose, function and use of Articles 256 and 257 of the
Constitution of India. Should these provisions be restructured ? What are the
consequences of State's defiance of the directives issued under these Articles
by the Union?
Question No. 3: (a) "Free and fair election
is the 'basic structure of our Constitution and it is the 'heartbeat' of
democracy." But widespread corruption and increasing criminalisation in the
election process have made our democracy weak. Discuss the various efforts
undertaken by the Election Commission to ensure free and fair election.
(b) "Article 356 of the Constitution contains provisions relating to the
justification of imposition of President's Rule' in the State.” Explain the
consequences of proclamation of Emergency in a State.
(c) Explain the various principles of natural justice with the help of
relevant decided cases.
Question No. 4: (a) "The provisions of the
Directive Principles of State Policy are not enforceable by any court, but they
are fundamental in the governance of the country." Critically examine the role
of the Government to fulfil the desired objectives enshrined in Part IV of the
Constitution.
(b) Examine the role of State Legal Services Authority in promoting legal
literacy and right of women and children in the State.
(c) What is meant by the Doctrine of Separation of Powers? Is strict
adherence of the doctrine possible under a parliamentary form of government ?
Discuss with the help of relevant case laws.
Section - B
Question No. 5: Answer the following questions
in about 150 words each:
(a) Discuss the various efforts made towards the codification of
International Law during the 20th century.
(b) Explain different theories on the relationship between International
law and Municipal law.
(c) Explain the principle of 'Double Criminality and the 'Rule of
Speciality under the international law of extradition.
(d) Define 'Double Nationality and 'Statelessness'. Evaluate the efforts
taken to eliminate or reduce them.
(e) What is 'Intervention and on what grounds do the States justify
intervention? Explain.
Question No. 6: (a) Distinguish whether
'Recognition of States' is an act of policy or of law. Also distinguish between
Constitutive and Declaratory theories on the recognition of States.
(b) What do you understand by 'State Succession'? Discuss various
theories of State succession and explain the rights and obligations arising out
of State succession.
(c) Explain the main features of Law of the Sea. What is the difference
between the jurisdiction over 'Territorial Sea' and 'Exclusive Economic Zone'?
Question No. 7: (a) Discuss the powers of
the Security Council for the maintenance of world peace and security. Has the
Veto Power' proved a hindrance in discharge of its duties by the Security
Council ? Explain.
(b) Discuss the United Nations Declaration on the establishment of a New
International Economic Order along with the Charter of Economic Rights and
Duties of States.
(c) "Humanity is in peril in the present world due to terrorism." Suggest
the ways to protect it in the context of human rights.
Question No. 8: (a) Is it a legal duty of
States under international law to settle their disputes by peaceful means ? Can
failure of peaceful means entitle States to use force to settle their disputes?
Discuss.
(b) Is the threat or the use of 'Nuclear Weapons in any circumstances
permitted under International law ? Answer the question in the light of the
advisory opinion given by the International Court of Justice (ICJ).
(c) Discuss the role of United Nations in protection and improvement of
human environment.
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