UPSC Mains Law Optional Syllabus - (Paper I & Paper II)
Civil Services Mains Exam Syllabus
(Law Optional Paper I and Paper II)
PART - I
Constitutional and Administrative Law
- Constitution and Constitutionalism: The distinctive features of the Constitution.
- Fundamental rights - Public interest litigation; Legal Aid; Legal services authority.
- Relationship between fundamental rights, directive principles and fundamental duties.
- Constitutional position of the President and relation with the Council of Ministers.
- Governor and his powers.
- Supreme Court and High Courts: (a) Appointments and transfer. (b) Powers, functions and jurisdiction.
- Centre, States and local bodies: (a) Distribution of legislative powers between the Union and the States. (b) Local bodies. (c) Administrative relationship among Union, State and Local Bodies. (d) Eminent domain - State property - common property - community property.
- Legislative powers, privileges and immunities.
- Services under the Union and the States: (a) Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals. (b) Union Public Service Commission and State Public Service Commissions - Power and functions (c) Election Commission - Power and functions.
- Emergency provisions.
- Amendment of the Constitution.
- Principles of natural justice - Emerging trends and judicial approach.
- Delegated legislation and its constitutionality.
- Separation of powers and constitutional governance.
- Judicial review of administrative action.
- Ombudsman: Lokayukta, Lokpal etc.
International Law
- Nature and definition of international law.
- Relationship between international law and municipal law.
- State recognition and state succession.
- Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, high seas.
- Individuals: Nationality, statelessness; Human rights and procedures available for their enforcement.
- Territorial jurisdiction of States, extradition and asylum.
- Treaties: Formation, application, termination and reservation.
- United Nations: Its principal organs, powers, functions and reform.
- Peaceful settlement of disputes - different modes.
- Lawful recourse to force: aggression, self-defence, intervention.
- Fundamental principles of international humanitarian law - International conventions and contemporary developments.
- Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear - non proliferation treaty, CTBT.
- International terrorism, state sponsored terrorism, hijacking, international criminal court.
- New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank.
- Protection and improvement of the human environment: International efforts.
PART - II
Law of Crimes
- General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offences.
- Kinds of punishment and emerging trends as to abolition of capital punishment.
- Preparation and criminal attempt.
- General exceptions.
- Joint and constructive liability.
- Abetment.
- Criminal conspiracy.
- Offences against the State.
- Offences against public tranquility.
- Offences against human body.
- Offences against property.
- Offences against women.
- Defamation.
- Prevention of Corruption Act, 1988.
- Protection of Civil Rights Act 1955 and subsequent legislative developments. 16. Plea bargaining.
Law of Torts
- Nature and definition.
- Liability based upon fault and strict liability; Absolute liability.
- Vicarious liability including State liability.
- General defences.
- Joint tort feasors.
- Remedies.
- Negligence.
- Defamation.
- Nuisance.
- Conspiracy.
- False imprisonment.
- Malicious prosecution.
- Consumer Protection Act, 1986.
Law of Contracts and Mercantile Law
- Nature and formation of contract/Econtract.
- Factors vitiating free consent.
- Void, voidable, illegal and unenforceable agreements.
- Performance and discharge of contracts.
- Quasi- Contracts.
- Consequences of breach of contract.
- Contract of indemnity, guarantee and insurance.
- Contract of agency.
- Sale of goods and hire purchase.
- Formation and dissolution of partnership.
- Negotiable Instruments Act, 1881.
- Arbitration and Conciliation Act, 1996.
- Standard form contracts.
Contemporary Legal Developments
- Public Interest Litigation.
- Intellectual property rights - Concept, types/prospects.
- Information Technology Law including Cyber Laws - Concept, purpose/prospects.
- Competition Law- Concept, purpose/ prospects.
- Alternate Dispute Resolution - Concept, types/prospects.
- Major statutes concerning environmental law.
- Right to Information Act.
- Trial by media.
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