Constitutional Law

Previous year Law Optional UPSC(Topic Wise Question)

Content:

1.Constitution and Constitutionalism: The distinctive features of the Constitution....... 3

Nature of the Indian Constitution & Preamble.................................................................... 3
Federalism..........................................................................................................................3
2. Fundamental Rights—Public interest litigation; Legal Aid; Legal services authority.4
Article 12............................................................................................................................ 4
Article 13............................................................................................................................ 5
Right to Equality Article 14................................................................................................. 5
Articles 15-16..................................................................................................................... 7
Right to Freedom of Speech & Expression (Art. 19).......................................................... 8
Protection in Respect of Conviction of Offences (Art. 20).................................................. 9
Right to Life (Art. 21-22)................................................................................................... 10
Right to Freedom of Religion (Art. 25-28)........................................................................ 10
Cultural & Educational Rights (Art. 29-30)........................................................................11
Constitutional Remedies, PIL, Legal Aid & Legal Services Authority (Article 32)............ 12
3. Relationship between Fundamental rights, Directive Principles and Fundamental
Duties.................................................................................................................................... 13
Fundamental Duties (Art. 51 A)........................................................................................13
DPSPs & their relationship with FRs & FDs..................................................................... 14
4. Constitutional Position of the President and relation with the Council of Ministers....
15
5. Governor and his powers................................................................................................18
6. Supreme Court and the High Courts:.............................................................................18
Supreme Court................................................................................................................. 18
High Court........................................................................................................................ 19
Appointment and Transfer of Judges............................................................................... 20
7. Centre, States and local bodies......................................................................................21
DISTRIBUTION OF LEGISLATIVE POWERS................................................................. 21
Administrative Relations between Union, States & Local Bodies.....................................22
Eminent domain: State property, common property, community property........................ 23
8 Legislative powers, privileges and immunities..............................................................23
9 Services under the Union and the States....................................................................... 24
Doctrine of Pleasure and Security of tenure of civil Servant............................................ 24
Constitutional Safeguards to Civil Servant....................................................................... 24
Tribunals...........................................................................................................................25
10 Union Public Service Commission and State Public Service Commissions—Power
and functions........................................................................................................................26
11 Election Commission —Power and functions.............................................................. 26
12. Emergency provisions...................................................................................................26
13 Amendment of the Constitution.................................................................................... 28

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1.Constitution and Constitutionalism: The distinctive features of

the Constitution

Nature of the Indian Constitution & Preamble

1. What is ‘Constitutionalism'? Explain the said concept both in its negative and positive
aspects in the, context of India’s tryst with ‘Constitutionalism’ and 'Constitutional
Governance’. [2014]
2. What do you understand by the term ‘Constitutional Conventions’? Are they relevant
in a country like India having a lengthy written constitution with preamble? [2012]
3. "Constitution of India is first and foremost a social document". Granville Austin.
Explain.[1998]
4. "The Preamble to the constitution sets out the aims and aspirations of the people of
India." To what extent have they been translated into the various provisions of the
constitution?
5. 'It has been impossible to resist the growth of "conventions of constitution" in India
though the Constitution is a highly comprehensive document which presents every
matter in utmost details. ‘Discuss.
6. With the help of relevant decisions, discuss the place of the Preamble of the
Constitution. [1979 1(c)]

Federalism

1. With the help of illustrations, discuss and differentiate co-operative federalism and
competitive federalism.[2020 2(c)]
2. “India that is ‘Bharat’, shall be a Union of States.” Explain. Do you think that the
Indian Constitution is a Federal Constitution? Discuss with the help of decided cases.
[2019 3(c)]
3. What do you understand by the terms ‘cooperative federalism’ and ‘competitive
federalism’? Do you agree with the view that the Indian Constitution is based on the
concept of ‘competitive federalism’ and not on the concept of ‘cooperative
federalism’? [2018 1(a)]
4. Explain the concept of ‘Federalism’ as incorporated in the Indian Constitution. [2016
1(a)]
5. What do you think is the form/nature of our Constitution — Federal, Unitary or
Quasi-federal? The Members of the Drafting Committee call it federal, but many
others would dispute this title. Critically examine the statement. [2014 1(a)]
6. 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. [2009
1(a)]
7. "The Constitution of India is not true to any traditional pattern of federation."
Comment. [2007 1(c)]
8. What procedure would you suggest to the Government of India where under an
agreement between the Government of India and a neighbouring foreign country a

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small portion of Indian territory comprised in State Y has to be ceded to the above
foreign neighbouring country.[2007 1(a)]
9. "The Indian federal structure has brought in some novel provisions which are not to
be found in other federations." Critically discuss. [2005 1(d)]
10. "Federalism has in recent years, witnessed a change-from the dogmatic to dynamic
approach." Discuss the changing approach and point out the main deviations in the
working of the Constitution of India. [2004 1(a)]
11. What is the nature of the Indian Constitution? Do you think it is a Federal
Constitution? Discuss. [2002 1(d)]
12. Outline any three constitutional provisions that ensure non-discrimination against any
State by the Centre. [2002]
13. "The Indian Constitution is essentially federal in character, though it tends to be
unitary at times." Comment. [2000 1(a)]
14. "Constitution of India is neither purely federal nor purely unitary but is a combination
of both". Discuss. [1995 1(a)]
15. "A federal government is a legalistic government, a characteristic feature of which is
the allocation of powers between the Centre and the States." Explain the provisions
regarding the Centre-State relations in the fields of legislation and administration.
[1984 (3)]
16. Examine critically the view of Prof. K.C. Wheare that the Constitution of India is
heavily biased in favour of the Centre and is a quasi-federal one, referring also to
subsequent constitutional developments. [1983 3(a)]
17. A Parliamentary Bill providing for the reorganisation of certain States in India, inter
alia provided for the division of the State of B into three units and for the annexation
of one of the units to the neighbouring State of C. The bill had been referred to the
State Legislatures concerned under Art. 3 of the Constitution and their views had been
received. Meanwhile, the Bill was substantially amended in Parliament. The Bill, as
passed by Parliament, provided for the formation of one composite unit, to be known
as the State of B (with certain altered boundaries). The amended Bill was, however,
not referred to the concerned State Legislatures for expression of their views. In view
of this, a writ petition is filed in the State High Court, contending that the Bill, as
enacted, was ultra vires. Decide. [1983 3(b)]

2. Fundamental Rights—Public interest litigation; Legal Aid; Legal

services authority.
Article 12

1. Critically evaluate the changing dimensions of the concept of ‘State’ under Article 12
of the Constitution of India. [2018 1(c)].
2. Given the contemporary economic, political and social realities, critically evaluate the
judicial framework developed to determine whether an agency/body is ‘State’ for the
purposes of Article 12. Is the test currently too narrow? Justify your answer.[2015
1(a)]

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3. Write short notes on meaning of the term 'Other Authorities' under Article 12 of the
Constitution. [2007 4(b)]
4. The concept of instrumentality, or agency of the government is not limited to a
corporation created by a statute but it is equally applicable to a company or society.”
Discuss and state whether Article 12 also includes private persons. [1997 3(a)]
5. Critically examine the widening dimensions of the concept "the state" in Article 12 of
the constitution of India. [1995 2(a)]
6. 'An authority is state within the meaning of article 12 of the constitution of India if it
is an agency or instrumentality of state'. How is it determined whether an authority is
an agency or instrumentality of state or not? [1992 1(a)]

Article 13
1. Article 13 makes the judiciary, and especially the Apex Court, a guardian, protector
and the interpreter of the Fundamental Rights. It confers a power as well as imposes
an obligation on the Courts to declare law void if it is inconsistent with a Fundamental
Right. Discuss.[2014 1(c)]
2. Are personal laws law for the purposes of Part III of the Constitution? Discuss with
reference to leading case law. [2012 1(b)]
3. What is meant by the Doctrine of Eclipse? Under what circumstances and conditions
can it be applied? [1982 1(c)]

Right to Equality Article 14

1. What do you mean by the term 'Rule of Law'? The basic element of Dicey's doctrine
of rule of law is, 'be you ever so high, the law is above you'. Discuss with the help of
decided cases. [2019]
2. “The ‘Rule of Law is based on the principle of legality and is opposed to exercise of
arbitrary powers.” Discuss. Explain whether failure to give reasons amounts to
exercising power arbitrarily. [2016 4(a)]
3. “Article 14 of the Constitution of India forbids class legislation not reasonable
classification”. Examine and also discuss how far equality of status and opportunity
are achieved by this Constitutional provisions. [2015 1(c)]
4. Do you agree with the view that “Equality is antithesis of arbitrariness? In fact
equality and arbitrariness are sworn enemies'-? Comment critically. [2013 2(a)]
5. Doctrine of equality under the Constitution cannot be applied to legitimize an illegal
act. Can equality be invoked to justify another wrong? Critically examine with
reference to cases.[2013 1(e)]
6. 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.
[2011 2(a)]
7. Define and distinguish between ’formal equality’ and ’substantive equality’ as
interpreted by the Apex Court of the country. [2009 1(c)]

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8. "Equality is the basic feature of the Constitution of India and any treatment of equals
unequally or unequals as equals will be violation of basic structure of the Constitution
of India." Explain. [2008 3(b)]
9. 'Rule of Law' does not mean rule according to statutory law, pure and simple, because
such a law may itself be harsh, inequitable, discriminatory or unjust. Rule of law'
connotes some higher kind of law which is reasonable, just and non-discriminatory.
Explain. [2008 1(a)]
10. "In fact, equality and arbitrariness are sworn enemies; one belongs to the rule of law
in republic while the other, to the whim and caprice of an absolute monarch,"
Elucidate with the help of constitutional provisions and judicial decisions. [2006 1(a)]
11. "The extensive use of the device of reasonable classification by State and its approval
by the Supreme Court has rendered the guarantee of ‘fair and equitable treatment'
under Article 14 largely illusory." Discuss making clear the constitutional and popular
concepts of 'right to equality' in India. [2004 1(c)]
12. The Civil Surgeon had issued an advertisement for a training course in midwifery at
the District Hospital. The advertisement had a clause "Married women candidates
must enclose along with their application their husband's written permission for
pursuing the course." The wife got the letter of consent from her husband and joined
the course. The husband, however, had second thoughts and wrote to her and the
authority saying she should return immediately as her not being there would disturb
the family life and hence she would not be permitted to join. Thereafter the authority
asked her to produce another letter of "No objection" from the husband. Examine with
reference to the relevant provisions of the Constitution the validity of the order of the
authority. [2000 4(b)]
13. What is prohibited is hostile discrimination, and not reasonable classification? [1999
1(a)]
14. 'Arbitrariness is the very antithesis of equality'. Discuss. [1992 1(b)
15. Right to equality is available only against state actions and arbitrariness but since the
right to equality has very wide application, there has been steady enlargement of the
scope of state for the benefit of people. Discuss. [1991 2(a)]
16. Discuss the basic conditions for making constitutionally valid classifications under the
doctrine of 'equality before law'. Illustrate your answer particularly with reference to
validity of such enactments which apply to an individual only. [1990 2(a)]
17. 'The right to equality of people in India requires a judicious exercise of legislative and
executive powers.' Discuss and evaluate the development of constitutional law in India
on this aspect.' [1989 2(a)]
18. 'It is now well established that while Article 14 forbids class legislation, it does not
forbid reasonable classification.' Discuss. [1987 1(b)]
19. 'The rule of law permeates the entire fabric of the Constitution and indeed forms one
of its basic features'. Justice Bhagwati in Bachan Singh vs. State of Punjab AIR 1982
SC 1325. Discuss. [1986 1(c)]
20. An act passed by a State Legislature empowered the State Government to establish
special tribunals and to transmit to them any case or class of cases to be tried by a
summary procedure. 'X', who is accused of a murder with a political motive; is
ordered by the State Government to be tried by a special tribunal with the declared
objective of a speedy trial. Can the accused challenge the order before Court? If, so,
on what grounds? [1980 5(b)]

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Articles 15-16
1. Examine the scope of protective discrimination offered to persons of Scheduled
castes, Schedule tribes, and other backward classes under Article 15 and 16 of the
Constitution of India. Explain with the help of decided cases. [2020]
2. What is ‘Protected discrimination’? Examine how far it is constitutional under Article
15 and 16. Give reference of decided cases. Also mention the limitations of these
articles as per its application. [2015 3(b)]
3. A backward class cannot be identified only and exclusively with reference to
economic criterion. A backward class may, however, be identified on the basis of
occupation-cum-income without any reference to caste. There is no constitutional bar
in the State categorising the backward classes as "backward" and "more backward’.
Do you agree with the statement? Give reasons. [2014 3(b)]
4. Critically examine the constitutional validity of an amendment deleting Article 16(4)
and authorizing the Slate to make job reservation in favour of the backward classes of
citizens. [2013 1(d)]
5. "Article 16 (4) is by itself a rule of equality rather than an exception to the rule."
What is your view? Discuss with the help of case law. [2005 1(a)]
6. In order to cure the heavy under-representation of the Scheduled Castes and the
Scheduled Tribes in the State services even after fifty years of the Constitution, a
State wants to make a scheme, which may remove this imbalance within a period of
five years. Advise the State about the steps that it may take under the Constitution for
this purpose. [2001 3(b)]
7. What fundamental right, if any, of a person is violated if the State acts in pursuance
of either Article 15(4) or 16(4) of the Constitution of India? [2001 1(a)]
8. Right not to be discriminated on the ground of sex and the need for empowerment of
women by making special provision for them requires the State to ensure that women
have adequate representation in Parliament. Argue for and against the proposed
constitutional amendment for the purpose. [1998 3(a)]
9. The Govt, of India by an office memorandum reserved 27% of posts for appointment
under the state in favour of socially and educationally backward classes. A petition is
filled 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. [1998 4(c)]
10. Reservations should be at any level but not in respect of direct recruitment at any
level but not in respect of promotions. Discuss. [1997 1(b)]
11. The post of the Director of Health Services was reserved by the state government for
scheduled castes. 'A' a member of the scheduled caste was appointed to this post. 'B',
the seniormost Deputy Director of the Health Services questioned the selection. B"s
argument was that treating a single isolated post of the director as reserved is 100%
reservation not allowed under the constitution. Write a reasoned judgement. [1994
4(b)]
12. 'The reservation policy adopted in India in the last four decades has failed to promote
social justice. On the contrary, it has led to social friction, conflict and disharmony. It
has been called a case of right goal, wrong strategy.' Critically examine this statement
and suggest measures to protect the interests of socially, educationally and
economically backward classes of people. [1992 2(a)]

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13. Discuss - "The Constitution of India is not an inert document... it requires taking of
affirmative action and providing of correctives against social exploitation by the
government". [ 1989 1 (a)]
14. Examine the scope of ‘protective discrimination offered to persons belonging to
scheduled castes, schedules tribes and other backward classes under Article 15(4) and
16(4) of the Constitution of India citing relevant case-law. [1986 2(a)]
15. Paragraph 3 of the Constitution (Scheduled Castes) order, 1950 states that a person
belonging to a scheduled caste but professing a religion other than Hindu or Sikh
religion is not deemed to be a member of a scheduled caste. The petitioner born in a
scheduled caste later on converted to Christianity was denied the benefit of
preferential treatment due to a member of scheduled caste, questions the validity of
the said provision. Decide referring to the relevant court decisions. [1988 2(b)]
16. In this connection, critically review the following remarks of H.M. Seervai, relating
to the injustice done to members of 'advanced classes' by the process of ‘reverse
discrimination' under the above Articles: "It is submitted that Judges who have to
balance the claims of all the parties affected by any action under Art. 16(4) ought to
reflect that if the injustices of the past are to be strongly denounced now, then the
future will denounce quite as strongly the injustices suffered by members of the
'advanced classes' since 1950."

Right to Freedom of Speech & Expression (Art. 19)

1. “The liberty of the press implicit in the freedom of speech stands on no higher footing
than the freedom of speech and expression of a citizen, and no privilege is attached to
the press as such distinct from the ordinary citizen.” Explain this statement and also
distinguish the term ‘freedom of speech and expression’ and ‘speech and expression.’
[2018 4(a)]
2. Write critical notes on the following - (i)Whether law relating to preventive detention
can be challenged for violation of Article 19? [2013 4(b)]
3. Is “Commercial advertisement” covered within the ambit of “freedom of speech and
expression”? Discuss with reference to leading cases. [2013 1(c)]
4. 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. [2012 3(c)]
5. "The term 'freedom of speech and expression' in Article 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 media industry. Is the right to paint or sign
or dance covered by Article 19( 1 )(a) of the Indian Constitution or not? [2009 2(b)
6. Right to the press and the problem of pre-censorship [2008 4(b)]
7. What is the meaning of ‘Freedom of press' under the Indian Constitution? Can the
freedom of press be restricted by a law requiring the press owners to pay minimum
wages to the employees of the press? Decide. [2007 1(d)]
8. "The fundamental right to freedom of speech and expression has in recent times seen
expanding horizons." Discuss and point out the judicial approach in this regard. [2005
1 ((b)]
9. "Liberty of press consists in laying no prior restraints upon publications and not in
freedom from censure for matters when published". Explain and indicate how far this
liberty of press is protected under the Indian Constitution. [2004 1(b)]

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10. In order to make the best use of the limited resources in the country and to meet
certain demands of the journalists and other workers in the newspaper industry; the
government plans to enact a law which (i) fixes the minimum wages for all the
journalists and workers, (ii) declares Sunday and all other national holidays as
compulsory holidays for the newspaper industry; (iii) requires the newspapers to
allocate certain percentage of news space to pressing socio-economic issues facing the
country; and (iv) prohibits certain kinds of advertisements, particularly those which
make indecent depiction of women. Your advice is sought by the government on the
constitutionality of such legislation vis-a-vis Article 19(l)(a). Give your advice with
reference to decided cases. [2001 2(a)]
11. What is included within the right to freedom of speech and expression? Are
commercial advertisements covered by the protection? Discuss referring to decided
cases. [1999 2(a)]
12. X has been sentenced to death for having committed several murders. He writes his
autobiography in jail and hands over the same to his wife for publication. The
autobiography depicts a close nexus between X and some top government officials,
some of whom had been partners in these murders. Z, a publisher accepts the
autobiography for publication. The Inspector General (prisons) asks Z to stop
publication of X's autobiography as it contains defamatory material against state
officials and is false. Z contends that the Inspector General prisons has no authority to
impose a prior-restraint upon the publication of the autobiography. Decide. [2016
4(d)]
13. Doordarshan invited X a lady journalist, for an interview to be telecast subsequently.
The theme of the interview was "laws relating to women". In the course of the
interview X referred to a bill on women's rights pending in Parliament and criticised
that some of its provisions are unjustified and unconstitutional. This portion of the
interview was arbitrarily deleted when the interview was telecast. X wants to
challenge the deletion. Discuss the questions involved. [1995 4(c)]
14. 'Citizens' right to show films on Television and Doordarshan'. Discuss with reference
to decided cases. [1990 3(a)]
15. Assess how far the 'right to know' is a Fundamental Right under the constitution of
India. [1989 2(b)]
16. It is open for the state to curb monopolies and prevent concentration of economic
power, but when such legislation has direct effect of infringing the freedom of the
Press, then such legislation is required to be declared invalid in relation to the
newspaper industry. Discuss. [1988 1(a)]

Protection in Respect of Conviction of Offences (Art. 20)

1. Scope of the Right with regard to self-incrimination.[2009 4(a)]

2. A boy 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. [1998
4(a)]
3. Examine the scope of the constitutional guarantee to accused persons under Art. 20 of the
constitution referring to relevant case-law. [1985 2(a)]

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4. X attempted to smuggle currency and other contraband goods out of India. The goods
were seized and a customs collector passed orders confiscating the goods and imposing
penalties on X, under the Sea Customs Act. On a subsequent complaint by the customs
authorities, on the same facts, X was convicted by a criminal court under the provisions of
the Foreign Exchange Regulation Act, the Sea Customs Act and the Indian Penal Code. X
argues that this amounts to double punishment and is illegal under Act. 20(2) of the
constitution. Decide. [1985 2(b)]

Right to Life (Art. 21-22)

1. "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.
[2021 1(c)]
2. “Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined
under Article 21 of the Constitution of India.” Elucidate this statement in the light of the
decision of Justice K.S. Puttaswamy (Retd.) v. Union of India. [2019 (1)(e)]
3. Discuss the importance of ‘Right to life and personal liberty’ with reference to recent case
laws. [2017 1(a), 2011 4(c)]
4. “Right to life means something more than mere animal existence”. Discuss with
reference to case law. Is there any difference between the expression 'right to life’ and
‘personal liberty’? Explain critically. [2015 4(b)]
5. Explain and elucidate the meaning of the Right to personal liberty as interpreted by the
Supreme Court in Papanasam Labour Union v. Madura Coat Ltd. AIR 1995 S.C. 2200.
Analyse critically the guidelines prescribed by the Hon'ble Supreme Court in this respect
[2014]
6. A law prohibits religious conversions brought about by use of fraud, force, or allurement
and make it a punishable offence. In a writ petition it is alleged that the law is violative of
right to propagate religion guaranteed under Article 25 of the constitution. Decide giving
reason. [1999 4(a)]

Right to Freedom of Religion (Art. 25-28)

1. "Pluralism is the keystone of Indian culture & religious tolerance is the bedrock of Indian
Secularism. It is based on the belief that all religions are equally food 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. [2021 2a]
2. Is 'Secularism' an essential feature of the Constitution of India ? Explain in the light of
decided case laws. [2017]
3. Write short notes on "Secularism."
4. "It is the religious teaching not the teaching of religion which is prohibited under the
Constitution of India.'
5. "Secularism is neither anti-God nor pro-God. It eliminates God from the matters of State
and ensures that no one shall be discriminated against on the grounds of religion." In the
light of the above observation, discuss the true import of freedom of religion guaranteed
under the Indian Constitution.

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6. Under what circumstances, apart from concerned parties, a third party has locus standi to
move writ petition before the High Court or Supreme Court? How has this procedure
helped in developing and promoting democratic principles in the country?
7. A law prohibits religious conversions brought about by use of fraud, force, or allurement
and make it a punishable offence. In a writ petition it is alleged that the law is violative of
right to propagate religion guaranteed under Article 25 of the constitution. Decide giving
reason.
8. The state education rules provide for compulsory singing of national anthem in schools
every morning. "X", a student, whose religion does not permit singing in praise of anyone
other than God refuses to sing but stands in respect when national anthem is sung. The
school authorities expel 'X' for violating the rules. Write the grounds on which the
expulsion can be challenged. [1993 4(a)]
7. "Indian secularism is neither anti-religious nor it is based on total neutrality towards
religion but is based on equal respect for all religion". Explain and illustrate. [1997 1(d)]
8. Discuss the characteristics of secularism and examine how far the Indian constitution is
secular. [1995 2(b)]
9. The right to freedom of religion has neither created a secular state in India nor promoted
secular outlook in public life.' Critically examine the above statement and suggest
measures necessary to promote a secular social order in which secular state may grow.
[1992 3(a)]
10. Constitution of India accepts secularism but there is no rigid separation between state and
freedom of religion given to the individual'. Critically examine the constitutional
provisions. [1991 1(b)]
11. A new colony is developed near a Jain temple which is more than 15 kms away from a city
and there is no temple for worship in the colony. The people make a demand for installing
Shivaling in this Jain temple for worship. This demand is rejected by management of the
temple. The people file a writ against the temple under article 226 for the protection of
their freedom of religion under article 25 of the constitution. Decide. [1991 4(b)]
12. X, an Indian student, belonging to a religious group among Christians, known as Jehovah's
Witnesses, refuses to sing the National Anthem in his school, on the ground that his
religion does not permit him to join any rituals except if it be in his prayers to Jehovah, his
God.' X is consequently dismissed from the school by the Headmistress of the school,
acting under certain circulars of the Director of Public Administration of that State,
compulsory requiring the singing of the National Anthem in every school. X challenges
the validity of his rights under Arts. 25 to 26 of the Constitution. Decide, giving reasons.
[1986 2(b)]

Cultural & Educational Rights (Art. 29-30)

1. If the words "All minorities............. "in Article 30 of the Constitution of India are
replaced by the words, "All sections of citizens having distinct language or religion.......",
what fundamental rights of the minorities would be affected? [2002 1(a)]
2. Discuss the relationship between Article 29 and Article 30 of the Constitution. [2001
1(c)]
3. A minority educational institution, which is completely unaided by the government, is
required by the Education Code framed by the government to pay to its teachers, salary at
the prescribed rate. The institution shows its inability and contends that the enforcement

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of the code amounts to interference with its constitutionally guaranteed right of

administration. Decide giving reason.’ [1999 4(c)]
4. 'Statutory regulation of educational standards and condition of employment in minority
educational institutions.' Discuss with reference to decided cases. [1990 3(b)]
5. 'Where the claim for protection to a minority educational institution is a mere cloak or
pretention and the real motive is business adventure, the protection of article 30(1) is not
available.' Comment upon the said statement and discuss the scope of constitutional rights
guaranteed to minorities, referring to relevant case law. [1988 2(a)]
6. A college established and administered by Arya Samaj imparts instructions through Hindi
medium written in Devnagri script. The university by a circular directs that examinees
from such a college must take the examination in Punjabi language written in Gurumukh
script. The college challenges the constitutional validity of the circular. Decide. [1987
2(b)]

Constitutional Remedies, PIL, Legal Aid & Legal Services Authority

(Article 32)

1. "The Fundamental Rights may be said to constitutionalise social values of existing

society." Explain and illustrate. [2021 1(a)]
2. "Public Interest Litigation in India is judge-led and even to some extent judge-induced."
Explain with the help of relevant case law. [2021 1(b)]
3. Examine the role of State Legal Services Authority in promoting legal literacy and rights
of women and children in the State. [2021 4b]
4. Examine and explain the following statements (i) PIL is a tool to promote politics of the
judiciary (ii) Judicial Activism has both positive and negative impact on the
Judiciary.[2019]
5. Under what circumstances, does a third party, apart from concerned parties, have locus
standi to move writ petitions before the High Court or the Supreme Court in India ? Also
point out the limitations of such petitions. [2018]
6. The horizon of ‘Legal aid' has been widened best, still the impact is totally missing. How
would you resolve this crisis which is mining the life of millions of poor people of our
country over the years? Suggest some concrete measures to make it more effective and
implementative. [2015 2(c)]
7. “PIL writ petition cannot be filed in the Supreme Court under Article 32 of Indian
Constitution only if a question concerning the enforcement of ‘Fundamental Rights' is
involved.” Comment. [2015 5(b)]
8. What is ‘Public Interest Litigation’? What are the major facets of this form of litigation?
Also discuss the limitations of this type of litigation. [2014 3(c)]
9. Do you agree with the statement that "all human rights are fundamental rights protected
and recognised by the Constitution of India”. Discuss with reference to statutory
provisions and case laws. [2014 4(b)]
10. Locus standi is necessary for challenging an administrative action, through a writ petition.
How has it been liberalised in case of public interest litigation? Comment on the statement
that "PIL is not a PILL against all the ILLS." [2010 2(b)]

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11. Examine and elucidate the scope and significance of Art. 32 of the constitution in the
context of PIL as expounded by the Supreme Court in M.C. Mehta vs. VOL AIR 1987
S.C. 1086. [2007 2(a)]
12. What is judicial activism? In this context evaluate the contribution of the Supreme Court
of India, which is empowered to act as the guardian of the constitutional provisions. [2004
1(d)]
13. Discuss the nature and the scope of the following writs: (i) Certiorari ' (ii) Mandamus
[2001 4(b)]
14. The right to receive compensation in proceedings under Article 32 of the constitution for
violation of the fundamental right to life and personal liberty by public officials cannot be
defeated by raising a plea of sovereign immunity. Discuss with the help of case law. [1996
2(b)]
15. In matters of larger public interest the requirement of Locus Standi has been liberally
construed. Illustrate your answer with reference to decided cases. [1992 1(c)]
16. The Ministry of Railways invited tenders from registered second class hoteliers for
running a restaurant in the New Delhi Railway Station. The highest tender offered
hotelier. Y who had not filed a tender, as he was not a registered second class hotelier,
challenged the award of the contract to X, by a writ petition. X contends that Y's writ
petition should be dismissed, as he had not filed a tender and was thus not an aggrieved
party. Decide, citing relevant cases. [1986 4(b)]
17. Discuss the liability of the Government in India, for the tortious acts of its servants. [1983
1(c)]
18. "Part III of the Constitution is a self-contained Code. It not only described the Rights but
also prescribes the remedies." Explain and illustrate with reference to the provisions of
the Constitution. [1980 1(a)]

3. Relationship between Fundamental rights, Directive

Principles and Fundamental Duties.

Fundamental Duties (Art. 51 A)

1. Enumerate the list of Fundamental Duties as provided in the Constitution of India.
What is the rationale of incorporation of Fundamental Duties under the Indian
Constitution through the Constitutional (Forty-second Amendment) Act, 1976? [2020
1(d)]
2. Enumerate the fundamental duties as provided in the Constitution of India. Also
discuss the rationale behind the incorporation of fundamental duties in the
Constitution of India later on. [2014 4(c)]
3. “Fundamental duties are only ethical or moral duties and should not form a part of the
fundamental law'’. Comment. [2013 1(b)], [2006 1(b)]
4. Spell out the object and reasons of Part IV A 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. [2009
3(b)]

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DPSPs & their relationship with FRs & FDs

1. "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. [2021 4(a)]
2. Examine the concept of social justice as envisaged in the Constitution more
particularly in Chapter IV of the Constitution and under Article 14 of the Constitution.
[2018 2(a)]
3. Discuss the relationship between ’Fundamental Rights’ and ‘Directive Principles of
State Policy’ in light of the constitutional amendments and decided cases. [2016 1(e)]
4. Explain the opinion of the Supreme Court of India regarding the relation between the
Fundamental Rights and Directive Principles of State Policy in the light of its decided
cases. Do you agree with the view that giving primacy to one over the other is to
disturb the harmony of the Constitution? Comment with reference to the present day
scenario relating to education, health, religion etc. [2015 4(c)]
5. Has judiciary been a hindrance or a facilitator in the interpretation of Directive
Principles? Examine in the light of various judgments of the Supreme Court. [2013
1(a)]
6. Write critical notes on the following –Introduction of Uniform Civil Code. [2013
4(a)]
7. "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 light with reference to recent judgments on the Supreme Court's
view as regards the interplay of Directive principles and Fundamental Rights. [2009
3(a)]
8. Explain and elucidate the significance of the various strategies adopted for the
implementation for the Directive principles' of State policy enshrined in Part-IV of the
Indian Constitution. [2008 1(d)]
9. The scope of the constitutional harmony and balance between Fundamental Rights'
and Directive Principles" of State Policy. [2008 4(c)]
10. "Directive principles of state policy are not enforceable in the Court of Law but,
nevertheless, they are fundamental in the governance of the country." Discuss this
statement with the help of decided cases. [2006 2(a)]
11. "While the implementation of the Directive Principles of the State Policy is a
pre-condition for the enjoyment of Fundamental Rights, the destruction of the
Fundamental Rights will frustrate the realisation of the Directive Principles". Discuss.
[2003 1(b)]
12. Examine critically the relationship between the Fundamental Rights and the Directive
Principles of State Policy in the light of decided cases and the constitutional
amendments. [2000 2(b)]
13. Directive Principles of State Policy have played a significant role in the interpretation
of the constitution. Explain and illustrate your answer. [1998 2(a)]

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14. 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 reason. [1997 2(a)]
15. Discuss the nature, scope and interpretation of 'equal pay for equal work' principle
under article 39(d) and 'the right to work' under article 41 of the Directive Principles
of State Policy provided in Indian constitution. Is it practicable to make them part of
Fundamental Rights of people. [1990 2(b)]
16. The doctrine of equal pay for equal work is an abstract doctrine and is not capable of
being enforced by the courts'. Discuss. [1988 1(b)]
17. Examine the legal significance of Directive Principles of State Policy and their
correlation with Fundamental Rights. [1985 1(a)]
18. "Our Constitution aims at bringing about synthesis between 'Fundamental Rights' and
the 'Directive Principles of State Policy', by giving to the former a pride of place and
to the latter a place of permanence. Together, not individually, they form the core of
the Constitution. Together not individually, they constitute its true conscience."
a. Explain, briefly but precisely, the above statement.
b. In what way have the recent constitutional amendments affected the
relationship between the two?[1979 3(a)]

4. Constitutional Position of the President and relation with the

Council of Ministers.

1. Explain the relationship between the President and the Council of Ministers. Is the
President bound to accept the advice of the Council of Ministers? Discuss. [2021 1(d)]
2. Discuss the Ordinance making power of the President. Can the validity of an
Ordinance be challenged in the Court of Law? Cite relevant case law. [2019]
3. “With the adoption of Parliamentary form of government, the vesting clause under
Article 53(1) remains to a great extent meaningless, as real executive power lies in the
Ministry.” Critically examine the above statement in the context of the status and
position of the President of India under the Indian constitution. Also answer, if the
President of India does not accept the advice of the Prime Minister, what
consequences would follow. [2018 1(e)]
4. Briefly enumerate the executive powers of the President, especially when two or more
States are involved in non-observance of an inter-State agreement. [2016 3(a)]
5. “The Prime Minister is the keystone of the Cabinet arch because he is responsible for
its formation, life and death.” Critically examine the above statement in the light of
various provisions of the Constitution and determine the position of the Prime
Minister of India in the Cabinet. [2015 2(b)]
6. What would be your opinion regarding the view that the exercise of powers by the
President and Governors under Article 72 and 161 to grant mercy should also be open
to Constitutional Challenge ? Discuss with reference to recent cases of the Apex
Court of the country. [2015]
7. Examine and elucidate the constitutional scope of the Ordinance making power of the
President and the Governors in India. [2014 3(a)]

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8. Duties of the prime Minister regarding furnishing of information to the president.

[2011 4(b)]
9. The distinction between 'Executive power 'of the president and his 'Constitutional
power'. [2008 4(a)]
10. Is the president of India a mere constitutional head? Is he bound to accept the advice
of the Council of Ministers? Discuss fully stating constitutional provisions. [2005
3(b)]
11. Schedule-Ill provides for an oath of secrecy by a minister. Can a Chief Minister
administer such an oath to a non-minister in order to facilitate him with access to all
government documents? Give reasons. [2002 3(b)]
12. "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. [1997]
13. Discuss the constitutional position of the President of India. On the eve of general
election to the Lok Sabha and just after the last session of Parliament, the Govt, sends
an ordinance to the President extending the benefit of job reservations to Dalit
Christians. The President returns the ordinance and asks the cabinet to reconsider its
advice. Is the action of President sustainable under the constitution? Discuss. [1996
3(d)]
14. "The central Executive exercises not only executive functions but also, in a limited
way, judicial and legislative functions." Comment on the various powers of the
Executive at the centre. [1995 3(d)]
15. The President and Governor shall exercise their formal constitutional powers only
upon and in accordance with the advice of their ministers save in few well known
exceptional situations - Krishna Iyer J in Shamsher Singh Vs. State of Punjab (AIR
1975 S.C.). Discuss, examining the exceptional situations in which the advice of the
Cabinet may be ignored by the President and the Governor. Is there any difference
between position of President and that of the Governor? [1985 3(a)]
16. What are powers and rights of the President under our constitution vis-a-vis his
council of ministers in running the administration of the union? [1981 1(a)]
17. No one can examine the character of the American Presidency without being
impressed by its many sidedness. The range of President's functions is enormous. He
is the ceremonial head of the State. He is a vital source of legislative suggestion. He is
the final source of all executive decisions. He is the Authoritative exponent of
nations's foreign policy.
(i) What is character of Indian Presidency?
(ii) Explain the constitutional position of the Indian President in relation to
council of ministers under the constitution. [1979 1(a)]
18. Article 246(2) of the Constitution of India provides that "notwithstanding anything in
clause (3), Parliament and subject to clause (1), the Legislature of any State also, have
power to make laws with respect of any of the matters enumerated in List III in the
Seventh Schedule (in this Constitution referred to as the 'Concurrent List)". [1979
2(a)]
(i) What is your interpretation of the aforesaid article? Does this mean joint
power, or does it require that legislation thereunder by Parliament, to be
effective should be approved or sanctioned by the several States?

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(ii) What will happen in the following Cases –

(A) If there is overlapping between a matter falling within the Union
List and State List?
(B) If there is overlapping between the Union List and the Concurrent
List?
(C) If there is overlapping between the State List and the Concurrent
List?
(D) If a matter is not within any list?
19. What are the discretionary powers of the President, if any? How much discretion does
he have in the appointment of the Prime Minister, dismissal of the Government and
dissolution of the Lok Sabha? Discuss. [1971]
20. Does the President of India possess powers which he may exercise independently of
the Council of Ministers? Comment on the constitutional position and powers of the
President particularly in circumstances (i) when the Prime Minister advises him to
dissolve the House of people and (ii) after the house of people has been dissolved for
holding elections before its term is over and before the newly elected Council of
Ministers is formed. [1979]
21. 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. [2012 1(c)]
22. "Collective responsibility is the very basis of the parliamentary system of
government." Do you agree with this statement? What has been the impact of
coalition politics on the doctrine of collective responsibility? [2006 2(b)]
23. Explain the form of the Government that the Constitution of India has adopted and
which has been subject of criticism. What reforms, if any, will you suggest in this
regard? [2004]
24. 'The Indian Constitution has sought to combine the presidential form with the
parliamentary form of govt.' Discuss.
25. Discuss the Ordinance making power of the President. Can the validity of an
Ordinance be challenged in the Court of Law? Cite relevant case-law. [2019 4(b)]
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. [2012
1(d)]
8. Write short notes on "Power of President of India to grant pardons, reprieves etc.
under Article 72 of the Constitution". [2007 4 (c)]
9. Point out the contingencies under which the President may promulgate ordinances.
Discuss the limitations on this power. [1993 1(a)]
10. Examine the scope of the ordinance-making power of the President. [1985 3(d)]
11. What is scope of ordinance making power of President and how far is his satisfaction
about existence of necessity/ for immediate action amenable to judicial review? [1982
1(a)]

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5. Governor and his powers

1. "Governor's office is sui generis. The governor in our system does not function as a
constitutional head for the whole gamut of his responsibilities. There is an important area,
though limited and subject to constitutional constraints, within which he acts in the
exercise of his discretion." Examine this statement in light of Sarkaria Commission
Report. [2020]
2. Is the Governor's post dependent on the pleasure of the President ? Discuss. What exactly
constitutes the discretion of the Governor while exercising numerous powers ? Explain
with reference to statutory provisions and relevant case law [2018]
3. What is the position of the Governor in a State? Examine the Pardoning Powers of the
Governor under the Constitution. Is Pardoning Power, subject to judicial review? [2017
2(a)]
4. Critically evaluate the powers of the Governor of a State as provided under the
Constitution of India. How would you interpret the following observation that “the role of
a Lieutenant Governor is no more than that of a facilitator of administration under the
president’s control”? [2015 4(b)]
5. What would be your opinion regarding the view that the exercise of powers by the
President and Governors under Article 72 and 161 to grant mercy should also be open to
Constitutional Challenge? Discuss with reference to recent cases of the Apex Court of the
country. [2015 1(b)]
6. The Governor of a State holds office during the 'Pleasure' of the president of India. Can he
be removed by the President any time without any reason? Examine in the context of the
position of the Governor under the Indian Constitution. [2011 1(d)]
7. In recent times the role of Governor in the appointment and dismissal of Chief Minister
has been impugned and it is said that the Court has assumed the role of the Governor and
the Speaker. Comment. Refer to recent cases where the Supreme Court has directed to
take composite floor test and report to the Court. [2010 3(b)]

6. Supreme Court and the High Courts:

Supreme Court

1. While certainly law is important in India, it cannot be at the cost of justice "Critically
examine this statement in the context of "Curative Writ Petition" in India. Refer to
relevant cases. [2020]
2. Elucidate the scope of the appellate jurisdiction of the Supreme Court of India under
the constitution with regard to Criminal matters. [2017]
3. While discussing the underlying principle of the 99th Amendment Act, 2014,
comment on the present system of appointment of judges to the Higher Judiciary in
the country. [2016]
4. Explain the scope of the ‘Special Leave Jurisdiction’ of the Supreme Court as
expounded by it. [2014]
5. “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 defences of ‘fair criticism’ and ‘truth’ in the light of Contempt of
Courts Act, 1971. [2003]

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6. Critically examine the role of the Supreme Court of India in the maintenance of
minimum standards in public life and polity .Opine on how much of it is enforcement
of the rule of law and how much of it is judicial activism. [2010]
7. "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 petition' in India and also
refer to relevant case-law. [2010 1(c)]
8. "The fragrance and colour which is enshrined in Article 141 of the Constitution of
India is destined to uphold the Rule of Law in the interest of justice and people of
India." Do you agree? Give reasons. [2010 1(a)]
9. Examine the scope of the 'Special Leave Jurisdiction' of the supreme Court, as
expounded by the Supreme Court of India. [2008 1(c)]
10. Discuss in detail the advisory jurisdiction of the Supreme Court of India. Is the
Supreme Court opinion binding all courts? [2007 3(b)]
11. Discuss the scope of the Original and Advisory Jurisdiction of the Supreme Court of
India. Also give in brief your response to the view that the Advisory Jurisdiction be
abolished. [2005 2(b)]
12. Article 136 does not confer a right of appeal on a party as such but it confers a wide
discretionary power on the Supreme Court to grant Special Leave to Appeal in
suitable cases. Discuss. [2003 2(b)]
13. Do you agree with the view that it is not possible to define limitations on the exercise
of discretionary jurisdiction vested in the Supreme Court by Article 136? Give reasons
for your answer. [1995 3(b)]
14. "The law declared by the Supreme Court of India shall be binding on all courts within
the territory of India”. Discuss. [1994 1(c)]
15. State arguments for and against advisory jurisdiction of the Supreme Court? [1993]
16. The Supreme Court has been assigned the role of a sentinel on the qui vive for the
protection of the Fundamental Rights. Discuss. [1992]

High Court

17. Examine the nature of the powers of the High Courts under Article226 of the
Constitution of India and distinguish it from the powers of the Supreme Court under
Article 32. [2019]
18. The powers under Article 226 confer a discretion of the most extensive nature on the
High Courts. But the very vastness of the powers conferred on the High Court
imposes on it the responsibility to use them with circumspection. Discuss briefly the
principles which would regulate the exercise of the jurisdiction under Article 226.
[2003]
19. "The High court's power of superintendence under Article 227 is of an administrative
as well as of judicial nature." Discuss. [1996 1(d)]
20. The father of a student writes a letter to the High Court complaining of ragging of
fresher's by senior students in the college of his son. The High Court treats the letter
as a writ petition. After hearing the parties, High Court issued directions to the
government to enact a suitable legislation to prevent the evil of ragging. The
government questions the authority of the High Court to issue such directions, by
filing an appeal to the Supreme Court. Decide, giving reason. [1987 2(b)(i)]

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Appointment and Transfer of Judges

1. 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. [2021 2(b)]
2. What would be the best way or method for the appointment of judges in High Courts
and the Supreme Court in India? Give your views and support your views with
reasons. [2018 2(c)]
3. While discussing the underlying principle of the 99th Amendment Act, 2014,
comment on the present system of appointment of judges to the Higher Judiciary in
the country [2016]
4. What do you understand by the expression ‘independence of judiciary' ? Why is it
being discussed/debated/questioned too much nowadays ? What reasons would you
give for this development? [2015]
5. 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? [2009 1(d)]
6. Examine in detail the provisions of the Constitution regarding appointment of Judges
of the Supreme Court of India. Is it necessary to constitute a Commission to review
and reform the prevailing provisions of the Constitution in this regard ? Give
reasons.[2004 2(b)]
7. "The recent judicial pronouncement on the question of the appointment of the judges
of the Supreme Court for appointment of Judges of the Supreme Court and the High
Courts is dominated by the emphasis on integrated participatory consultative process
for selecting the best and most suitable persons available for the appointment." [2001
4(a)]
a. Elucidate the above statement highlighting the norms laid down by the
Supreme Court and the High Court and for transfer of the judges of the High
Courts, [2001 4(a)]
8. Independence of judiciary being a basic feature of the constitution, appointment of
judges should not be influenced by political considerations. Discuss. [1999 1(d)]
9. Examine whether the opinion of the Chief Justice of India in regard to the
appointment of Judges to the Supreme Court and High Courts is entitled to primacy.
Can the President of India disregard the said opinion when it is in conflict with the
advice tendered by the Council of Ministers. Refer to the constitutional issues and the
case law on the point. [1996 4(a)]
10. D, a judge of a High Court was transferred by the Presidential order to another High
Court. D challenges the transfer on the ground that the order was issued without his
Consent and without the concurrence of the Chief justices of the two state High
Courts concerned and of the Chief Justice of India. Examine the legal issues involved.
[1995 4(a)]
11. A lawyer challenges the appointment of P as a judge of the High Court on the ground
that the Chief Justice of India did not recommend the name of P when the President
consulted him. Identify the issues involved in this case. [1994 4(a)]

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7. Centre, States and local bodies

DISTRIBUTION OF LEGISLATIVE POWERS

1. Discuss the doctrine of ‘Pith and substance relating to the distribution of legislative
powers between the Centre and the states with the help of landmark judicial decisions.
[2019 1(a)]
2. Discuss ‘Residuary Powers’ of the Parliament to legislate. [2016 2(b)]
3. Discuss the legislative powers of the Union and States as provided in the Constitution
on the basis of subjects and territory. [2016 2(a)]
4. The non-obstante clause in Article 246 ought to be regarded as last resource in case of
an inevitable and irreconcilable conflict between the lists.” Examine critically. Also
discuss the abuse/ abuses related to this clause. [2015 3(c)]
5. Is there any connection between the doctrine of ‘pith and substance’ and
‘non-obstante clause’? Write critical notes on the following- Residuary powers. [2013
4(a)].
6. “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 that they cover all possible topics and without any overlapping.” Critically
evaluate the above statement with reference to interpretation of legislative entries
contained in Seventh Schedule to the Constitution. [2011]
7. Doctrine of prospective Overruling. [2011]
8. "The doctrine of pith and substance introduces a degree of flexibility into the
otherwise rigid scheme of distribution of legislative power under the Indian
Constitution." Justify this statement with the help of case law. [2007]
9. "The constitutional scheme of the distribution of legislative powers weighs heavily in
favour of the Union parliament." Elucidate with the help of constitutional provisions
and judicial decisions. [2001]
10. Briefly explain the principles of interpretation which have been upheld in ascertaining
the respective jurisdictions of Parliament and the State Legislatures set out in Article
246 of the Constitution of India.
11. Can Parliament of India make laws on the entries in the ’State List? If so, in what
circumstances? [2000]
12. "What you cannot do directly, you cannot do indirectly". Discuss and comment on the
theory of colourable legislation. (Colourable Legislation) [1984]
13. "The doctrine of pith and substance introduces a great deal of flexibility into an
otherwise rigid scheme of the distribution of legislative powers". Explain. (Pith &
Substance) [1996 1(c)]
14. Explain the doctrine of pith and substance in relation to distribution of legislative
powers between the centre and the states. (Pith & Substance) [1993 1(c)]
15. 'Distribution of legislative powers between the union and the states has been heavily
tilted in favour of the Union by a liberal interpretation of the residuary power clause
by the Supreme Court. Discuss.(Residuary Power) [1992 4(d)]

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16. 'A federal government is a legalistic government, a characteristic feature of which is

the allocation of powers between the centre and the states.' Explain the provisions
regarding the centre-state relations in the fields of legislation and administration.
[1984 (3)]
17. A state legislature has enacted a statute imposing a tax on buildings in the municipal
areas of the State. Validity of the statute is challenged as being beyond the legislative
competence of the State legislature. Entry 86 of List 1 in the Seventh Schedule states,
"Tax on capital value of assets exclusive of agricultural land, of individuals and
companies..." and Entry 49 of List II. "Tax on lands and buildings", The argument is
that a "building" being a part of the assets the Union's power prevails over the State's
power. Discuss and decide. 1981 3(b)]
18. The Parliament, under Sec. 47 of the Coal Bearing Areas (Acquisition and
Development) Act, sought to acquire Coal bearing lands and rights over them,
belonging to the States. West Bengal argued that the States had within their allotted
field 'full attributes of sovereignty' and, therefore, "exercise of authority by the Union
agencies which trenches upon that sovereignty is void. [1979 2(b)]

Administrative Relations between Union, States & Local Bodies

1. 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? [2021 2(c)]
2. "An amendment to the Constitution of India for better Union and State relations is
due." Comment on this statement and substantiate your recommendations for
amendment of specific provisions of the Constitution, if any, on this matter. [2020]
3. Do local bodies enjoy autonomy in performing their role in the field of economic
development and social justice? Explain in the light of relevant constitutional
provisions. [2020]
4. "Revival of the Panchayati Raj system in India is an aid to reduce the workload on the
Judiciary." Comment [2019]
5. What are the major challenges in the functioning of local bodies in India ? Does it talk
about success story or something else? [2018]
6. In view of the importance of Panchayat Raj institution in local governance, do you
think the idea of prescribing educational qualification to contest local body election is
undemocratic and incoherent ? [2017]
7. Evaluate the constitutional provisions relating to administrative relations between the
Union and the State with special emphasis on inter-governmental delegation of
administrative power. [2017]
8. Explain the provisions made in the constitution of India for smooth administrative
relationship between the Union and the States. [2003]
9. Critically discuss the financial relations between the centre and the states? What
measures have been suggested to strengthen financial position of States? [1983]
10. Examine the scope of administrative relations between the Union and the States of
India. [1903]
11. In view of the importance of Panchayati Raj institution in local governance, do you
think the idea of prescribing educational qualification to contest local body election is
undemocratic and incoherent? [2017 2(d)]

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12. Write critical notes on "Institution of Local Self Government". [2012 4(b)]
13. Do local bodies enjoy autonomy in performing their role in the field of economic
development and social justice Explain. [2011 1(c)]

Eminent domain: State property, common property, community

property.
1. Analyse the relevance of doctrine of eminent domain under Constitution of India.
Explain the limitations of this doctrine with the help of case laws. [2020]
2. What do you understand by the term ‘Eminent Domain’? Discuss its relevance in the
present-day context. [2016 (d)]
3. 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. [2012 3(a)]

8 Legislative powers, privileges and immunities.

1. Parliamentary privilege is an essential incident to the high and multiferous functions
which the legislature performs. Discuss. What reforms will you suggest, if any, in the
existing position? [2020]
2. "The issue of Parliamentary-privileges has been a bone of contention and conflict between
the Parliament and the Judiciary". Analyse this statement in the backdrop of decided
cases. [2019]
3. Discuss the law relating to the powers of Parliament and State Legislatures to punish a
person for breach of their privileges [2017]
4. "With a view to enabling parliament to act and discharge its high functions effectively,
without any interference or obstruction from any quarter, without fear or favour certain
privileges and immunities are attached to each House collectively and to the Member
thereof individually." Critically examine the statement. [2008 1(b)]
5. "The issue of parliamentary privileges has been bone of contention and conflict between
the parliament and Judiciary." Critically examine in the light o f the decided cases. [2006
1 (c)]
6. "Parliamentary privileges is an essential incident to the high and multifarious functions
which the legislature is called upon to perform." Discuss the position under the
Constitution of India. Will you suggest reforms if any, in the existing position? [2004
4(a)]
7. "One has to turn to the privileges of the House of Commons to ascertain the
Parliamentary privileges in India". How far is this statement still correct? Discuss. [2003
1(c)], [1994 3(b)]
8. 'Parliament is the sole judge in matters involving parliamentary privileges and immunities
except when it is the question concerning the personal liberty of a citizen1. Discuss.
[1992 4(b)]
9. A highly controversial bill which has attracted public debate is under consideration in the
legislative Assembly of a state and it is to be passed on a particular day. A minister who is
actively supporting the bill is stopped on the road while proceeding to attend the meeting
of the legislative assembly. A young man who disapproves the bill scolds the minister for

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the bill and throws a shoe on him. Can the legislative assembly punish the young man for
the contempt of the House? Examine the constitutionality. [1991 4(a)]
10. Warrant of arrest issued by speaker of the House of the people against an individual in
order to face the charges of contempt of the house of the people.' Discuss with reference
to decided cases. [1990 3(c)]

9 Services under the Union and the States

Doctrine of Pleasure and Security of tenure of civil Servant
1. The concept of ‘Reasonable Opportunity’ being a constitutional limitation on the
doctrine of ‘Tenure Pleasure’. Parliament or State Legislature can make a law defining
the content of ‘Reasonable Opportunity' and prescribing procedure for affording the
said opportunity to the accused government servant. Explain the concept with
reference to leading cases. [2014 2(a)]
2. Define the term ‘public servant’. Also discuss the recruitment procedure of public
servants in India. [2014 2(c)]
3. Explain the doctrine of pleasure incorporated into the Indian constitution in respect of
Civil servants. Highlight the safeguards for the protection of civil servants. [1993 3(a)]
4. "Doctrine of Pleasure in relation to civil servants has been largely watered down by
the specific constitutional safeguards guaranteed by the constitution." Discuss. [1992
4(c)]
5. Efficient, corruption-free, and economically viable administration for the country
requires that state must have power of 'hiring and firing' civil servants just as is case
with ministers. [1985 (3)]
6. The tenure of the civil servants in our country being a pleasure tenure, what security
of service do they have under the constitution? [1981 1(c)]
7. Rule 16(3) of All India Services (Death-cum-Retirement) rules, 1958, empowers the
Central Government to order "in public interest', compulsory retirement of a person
who has completed 30 years of service or attained the age of 55, giving three months
notice. A review Committee reviewed the past record of an officer. X, and the
confidential reports against him, and recommended his retirement at 55. X was never
given an opportunity to make a representation as to why he should not be compulsory
retired. On the basis of the recommendation of the Review Committee, the Central
Government ordered his retirement. X wants to seek a judicial remedy, but a lawyer
has advised him that he has no case, since he cannot prove mala fides on the part of
the authorities. Analyse the facts and issues. Write your opinion. [1980 6(b)]

Constitutional Safeguards to Civil Servant

1. What are the constitutional safeguards available in a civil servant against dismissal,
removal or reduction in rank of services? Are these rights also available to an
employee of a public corporation? Discuss with reference to statutory provisions and
case law. [2018 2(b)]
2. What Constitutional safeguards are available to civil servants under the Constitution
of India? Explain the circumstances under which a civil servant can be dismissed from
service without holding a regular inquiry against him. [2006 3(b)]

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3. Discuss the constitutional safeguards in respect of dismissal, removal or reduction in

rank of persons employed in civil capacities under the Union or the State. Do these
safeguards override the "Doctrine of Pleasure" embodied in the Constitution?[2003
3(b)]
4. "Article 3 11(2) lays down that a Civil servant cannot be dismissed or removed or
reduced in rank unless he has been given a reasonable opportunity to show cause
against the action proposed to be taken against him". Critically examine the statement
with reference to the Constitution (Forty-Second Amendment) Act, 1976. [2000 3(b)]
5. 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 discharging X from service
for ’unsatisfactory work and conduct’. X contends that the order is invalid as he has
not been given a reasonable opportunity to be heard as required by Art.311(2) of the
constitution. Discuss X’s contention and decide. [1997 4(b)]
6. What is the scope and content of the phrase: "reasonable opportunity of being heard in
respect of those charges" in Article 311(2) of the constitution of India? Does it
embrace a right to receive a copy of the enquiry officer's report? Refer to case-law on
the subject [1996 3(a)]
7. A public officer B is charged for corruption and after a departmental enquiry he is
dismissed from service. Subsequently, he is prosecuted under criminal law for taking
bribery and other offences for which he was dismissed from service. Is this
prosecution before criminal court a violation of his constitutional rights?[ 1991 4(c)]
8. A civil servant hits his superior with an iron rod in a scuffle. On a criminal charge,
brought against him he is convicted. He is there upon removed from service without
any hearing. The action is defended stating that his removal from service is based on
the ground that led to his conviction and hence hearing is not necessary. He questions
the validity of the action on the ground that it is arbitrary, violative of Article 14 and
opposed to the principles of natural justice. Decide. [1987 3(b)]
9. Explain the protection available to civil servants under Art. 311 of the constitution.(
[1984 1(b)]
10. One S was compulsorily retired under Rule 56J of fundamental rules. He challenged
the validity of order of retirement on ground of violation of natural justice, in as much
as it had been passed without giving any reason for compulsorily retiring him and
without any opportunity of showing cause against it. Decide. [1983 4(d)]
11. Discuss the constitutional safeguards, contained in Article 311 (as it stood before
42nd amendment) of the Indian Constitution against arbitrary dismissal, removal or
reduction in rank of a person employed in civil capacity under the Union or state.
[1978 4(a)]

Tribunals
1. Give an overview of the growth of the Tribunals in India with special reference to
Administrative Tribunals established under the Administrative Tribunal Act. [2019
2(a)(i)]
2. Explain the phenomenon of tribunalisation of justice in India. [2017 1(d)]

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3. State the advantages in adjudication of disputes by administrative tribunals. Mention

the ground on which the High Court may exercise judicial control on the working of
these tribunals. [1987 4(a)]

10 Union Public Service Commission and State Public Service

Commissions—Power and functions.

1. Describe the powers and functions of Union Public Service Commission. [2020]
2. Discuss the powers and functions of the Union Public Service Commission. Also
explain how it has maintained its impartiality. [2016 3(c)]
3. Evaluate the regulatory role of the Union Public Service Commission in the exercise
of 'pleasure' by President of India in making appointments, promotions and in
termination of service of Civil Servants. [1990 4(b)]

11 Election Commission —Power and functions

1. "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. [2021 3(a)]
2. “The Election Commission of India is an autonomous constitutional authority
responsible for administering the election process in India.” Comment by explaining
the powers and functions of the Election Commission of India. [2019 3(b)]
3. Examine the powers and role of Election Commission of India in conducting free and
fair elections. [2017 4(b)]
4. Examine whether the Election Commission of India has succeeded in performing the
two responsibilities entrusted to it under Art. 324 of the Constitution of India? What
steps would you suggest to ensure the preparation of correct electoral rolls?
[2011 3(b)]
5. "Powers of Election Commission are not sufficient." Comment. [2009 4(c)]

12. Emergency provisions.

1. "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. [2021 3(b)]
2. “Imposition of Emergency in a State under Article 356 has always been a matter
of controversy.” In this backdrop, explain the consequences of proclamation of
Emergency in a State. [2018 4(b)]
3. Discuss the circumstances under which ‘Financial Emergency’ can be proclaimed
by the President of India and effects thereof. [2017 3(c)]
4. What restrictions have been imposed by the Constitutional amendment (44) to
check misuse of proclamation of emergency? Discuss. [2013 3(b)]

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5. The framers of the Constitution felt that, in an emergency, the centre should have
overriding powers to control and direct all aspects of administration and
legislation throughout the country. Elucidate. [2008 2(a)]
6. When can the President's Rule be imposed under Article 356 of the Constitution?
Is there any need to amend Article 356 ? What will be your suggestion in this
regard. [2006 3(a)]
7. "The Constitution has imposed an obligation on the Union to ensure that the
Government of every State is carried on in accordance with the provisions of the
Constitution. In order to enable the Union to carry out this obligation the
Constitution has conferred adequate power on it.” Elucidate. Also discuss the
safeguards against misuse of Article 356. [2006 3(a)]
8. Examine the scope of proclamation of Emergency by the president of India and
enumerate the safeguards introduced by constitutional amendments to present
abuse of these powers. [2005 4(a)]
9. What are the grounds, duration and consequences of the proclamation issued by
the president of India pertaining to the failure of constitutional machinery in
States? Is such a proclamation justiciable? [2004 3(b)]
10. What is the meaning of failure of constitutional machinery in a state? To what
extent is the satisfaction of the President in this regard subject to review by the
courts? Discuss. [1999 3(b)]
11. Critically examine the existing scheme of Union and state relations in India.
Comment upon the Sarkaria Commission Report in this connection and examine
the propriety of the power of the Union government to impose President’s Rule in
the states. [1997 1(c)]
12. "The writ of Habeas corpus cannot be suspended even in an emergency". Discuss
in the background of connected case law and constitutional provisions. [1997 1(c)]

13. To what extent the Supreme Court has put a check on motivated and arbitrary
dismissal of state governments by the centre under Article 356? Refer to case law.
[1996 2(a)]
14. Examine the conditions under which emergency can be proclaimed under Article
352 of the constitution. Point out the safeguards against undue prolongation of the
emergency. [1994 2(a)]
15. The Green party routs the white party in a general election to Parliament. The
"Whites" do not get even a single parliamentary seat in the nine states where they
had the majority of seats in the state Assembly by virtue of an election in the past.
The President dissolves the assemblies of these states on the advice rendered by
the Green party's cabinet at the centre. The nine states challenge the action before
the Supreme Court. Will they succeed? [1993 4(b)]
16. 'The power given to the Union government to impose president's rule in the states
is not consistent with the concept of federalism’. Discuss the above statement and
give your own suggestions to safeguard against the abuse of the said power. [1992
3(b)]
17. Have the 'Emergency Provisions' in effect maintained a unitary Constitution for
India? Give your assessment. [1991 1(a)]
18. Examine the constitutional safeguards provided against misuse of imposition of
Emergency under Article 352 of the constitution. [1990 1(d)]

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19. The President by proclamation assumes to himself the functions of the

government of a state. The said proclamation has been approved by resolutions of
both houses of Parliament.. What is the maximum period upto which such
proclamation may continue to be in operation? What is the solution if even after
the expiry of the maximum period it is not possible to hold the election in the state
so as to install a popularly elected government? Is such a proclamation justiciable
and if so what is the extent of the court's power to interfere in such matters? [1988
3(b)]
20. Examine the scope of the Emergency Powers of the President of India and State
the safeguards introduced by recent constitutional amendments to prevent abuse of
these powers.[1986 3(a)]

13 Amendment of the Constitution.

1. The goals specified in the Preamble contain the basic structure of the Constitution,
which cannot be amended under Article 368 of the Constitution. Analyse this
statement in the light of leading decided cases. [2020 1(a)]
2. "Power of the Parliament to amend the Constituion is wide, but not unlimited." Do
you agree with this statement" Discuss whether the doctrine of basic structure had
reinforced the power of the judcial review under the Constitution. [2019]
3. “The procedure adopted for amending the Constitution is unique; it is not rigid yet
difficult.” Elaborate. [2016 1 (b)]
4. Define and distinguish between ‘Constituent power’, Amending power’ and
‘Legislative power’. Give illustrations. [2014 4(a)]
5. The goals specified in the Preamble contain basic structure of our constitution,
which cannot be amended under Article 368. Elaborate in context of leading
cases. [2013 3(a)]
6. Constituent power to frame the constitution and the constituent power to amend
the constitution have different connotation and scope. Explain. 2011 1(a)]
7. "The power to destroy the Constitution is not included in the power to amend the
Constitution." [2010 4(a)]
8. Are there features in the Constitution of India that are basic or fundamental to it?
Would you subscribe to the proposition that the parliament's competence to amend
the Constitution is subject to the basic or fundamental features of the
Constitution? Elucidate. [2007 3(a)]
9. "All these years Article 368 has seen a tug of war between the constituent power
and power of judicial review." Comment on and narrate this development in detail.
[2005 2(a)]
10. "The Supreme Court of India has extended the theory of basic structure of the
Constitution to the constitutional morality in the case of B.R Kapur vs. State of
Tamil Nadu (2001)", Explain. [2004 3(a)]
11. Assuming that the Parliament, under Article 368 of the Constitution, passes the
following constitutional amendments:
a. (i) Religion is a matter of personal faith. Its propagation in any form is strictly
prohibited.
b. (ii) Article 16(4) of the Constitution empowering the state to make reservation
in services under the state in favour of backward class of citizens is completely

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deleted. Discuss whether these amendments are likely to be held valid.

[2000 3(a)]
12. Parliament's power to amend the constitution cannot be equated with the power of
the Constituent Assembly to frame a constitution. [1999 1(b)]
13. "The amending power of Parliament should not be subjected to the vague and
uncertain doctrine of basic structure". Comment. [1997 1(a)]
14. Examine the contention that the constitution 44th Amendment which has radically
altered the character and content of the right to property violates the basic
structure of the constitution. [1996 1(b)]
15. "The doctrine of basic structure has established judicial supremacy in the area of
constitutional amendment." Examine. [1995 1(d)]
16. Enumerate the various procedures of amending the constitution. Discuss the limits
of the amending power. [1993 3(b)]
17. Amending power has been exclusively assigned to the Union Parliament except
when the amendment involves amendment of the federal provisions. 'Discuss.
[1992 4(a)]
18. Is the power of amendment implicit in the constitution of India and is it wide
enough to replace the present constitution by a new one without the need of
revolution or referendum? Discuss by making reference to Keshvanand Bharti
case doctrines. [1991 3(b)]
19. Discuss the ambit of Parliament's power to amend the Constitution State the
limitations, if any, on the amending power. Explain in this context the concepts of
basic structure and essential features of the Constitution. [1987 3(a)]
20. Examine the amending power under the Constitution and whether it may be
termed limited amending power. [1984 1(a)]
21. What do you understand by the "basic structure" Constitution and what is its legal
importance? [1982 1(b)
22. Parliament enacted a statute, not dealing with property rights, but affecting the
rights under Article 19 and by a Constitutional Amendment it was included in the
Ninth Schedule. How far can its validity be challenge before a court of law if the
Amendment was: (a) before Kesavananda Bharati Case; (b) after that decision;
and what grounds? [1981 (2)]
23. What do you understand by the expression 'Basic Structure of the Constitution'?
Illustrate with reference to a leading case. [1980 1(c)]
24. What procedure would you suggest to the Government of India where under an
agreement between the Government of India and a neighbouring foreign country a
small portion of Indian territory comprised in State Y has to be ceded to the above
foreign neighbouring country.[2007 1(a)]

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1. Nature and Definition of International Law...................................................................... 3

Nature, Definition & Basis of International Law.................................................................. 3
Sources of International Law..............................................................................................4
2. Relationship between International Law and Municipal Law.........................................5
3. State Recognition and State Succession........................................................................ 6
State Recognition............................................................................................................... 6
State Succession................................................................................................................8
4. Law of the sea: Inland Waters, Territorial Sea, Contiguous Zone, Continental Shelf,
Exclusive Economic Zone and High Seas. ......................................................................... 9
5. Individuals: Nationality, statelessness;......................................................................... 10
6.Human Rights and procedures available for their enforcement. .................................11
7.Territorial jurisdiction of States, Extradition and Asylum............................................. 12
Territorial jurisdiction.........................................................................................................12
Extradition and Asylum.....................................................................................................13
8. Treaties : Formation, application, termination and reservation. ................................ 14
9. United Nations : Its principal organs, powers and functions and reform.................. 16
10. Peaceful settlement of disputes—different modes.....................................................17
11. Lawful recourse to force : aggressions, self-defence, intervention..........................18
12. Fundamental principles of international humanitarian law—International
conventions and contemporary developments................................................................ 19
13 Legality of the use of nuclear weapons; ban on testing of nuclear weapons;
Nuclear non- proliferation treaty, CTST..............................................................................20
14 International Terrorism, State sponsored terrorism, Hijacking, International
Criminal Court. .................................................................................................................... 20
International Terrorism......................................................................................................20
International Criminal Court..............................................................................................21
15. New International Economic Order and Monetary Law : WTO, TRIPS, GATT, IMF,
World Bank........................................................................................................................... 21
16. Protection and Improvement of the Human Environment : International Efforts.... 22

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1. Nature and Definition of International Law.

Nature, Definition & Basis of International Law
1. Discuss the various efforts made towards the codification of International Law
during the 20th century. [2021 5(a)]
2. Do you agree with the view that International law is merely a positive morality?
Discuss the nature and scope of International law. [2020]
3. “International Law is the vanishing point of Jurisprudence.” Explain [2019 5(a)]
4. Explain the distinctions between traditional and modern definitions of international
law. Critically examine the growing scope and importance of international law in
the present context. [2018 5(a)]
5. Discuss the constituent elements of an international rule of customary law with the
help of cases. [2016 8(a)]
6. Discuss the nature and basis of International Law. [2016 5(a)]
7. “Today there is a huge shift of the basis of International law though the principle
component of International law is represented by binding rules, imposing duties
and conferring rights upon the state.” Comment critically. 2015 5(a)]
8. It is impossible to fix a precise date or period in history to mark the beginning of
International Law as it predates recorded history. Critically examine the history,
nature, scope and relevance of International Law in Contemporary International
Society. [2014 5(a)]
9. One extreme view is that International Law is a system without sanctions.
However, it is not quite true that there are no forcible means of compelling a state
to comply with International Law. Comment and state various sanctions for the
observance of International Law. [2011 5(a)]
10. “The fundamental principles of International law are passing through a serious
crisis and this necessitates its reconstruction.” Do you agree with this statement?
Give reasons. [2010 5(a)]
11. The traditional definitions of International law with its restrictions to the conduct of
States inter se, in view of developments during the last six decades cannot stand as
a comprehensive description of all the rules now acknowledged to form part of
International law. Elaborate with examples those developments which are not
covered by the exclusive rules governing the conduct of States. [2010 6(a)]
12. Write short note on the Sanctions of International Law. [2009 8(a)]
13. International Law is defined as the Vanishing point of Jurisprudence (Holland).
Examine this viewpoint with reference to the nature of International Law. [2007
5(a)]
14. Do you agree with the view that International Law is merely a positive morality?
Discuss the nature of International Law. [2006 5(a)]
15. “The controversy whether International law is law or not is meaningless because,
in fact, it is law and is generally obeyed.” Highlight the views of prominent writers
about the above statement. [2004 5(a)]
16. If we examine the ‘opinions’ on the definition of international Law, we are inclined
to ask; ‘What is so international into so-called international Law?’—Analysis.
[2002 5(a)]

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17. “International law has progressed by leaps and bounds; yet the theoretical
controversy” about the nature of international law is far from over”. Comment.
[2001 5(a)]
18. International law is a ‘weak law’. Do you agree with this statement? Give reasons.
[2000 5(a)]
19. Write explanatory notes on- The theory of consent as the binding force of
international law. [2000 8(b)]
20. It is too late to deny the legal character of international law, but in the present state
of affairs it is tragically ineffective. Comment in about 200 words. [1999 5(a)]
21. What is the basis of obligation in International law? Discuss the respective view
points of naturalist and positivist schools. [1999 7(b)]
22. International law is the name for the body of customary and treaty rules which are
considered legally binding by states in their intercourse with each other”. Discuss.
[1995 5(a)]
23. ‘Common Consent of the family of nation is the basis of international law’.
Discuss. [1992 5(c)]
24. Explain the statement that international Law is vanishing point of Jurisprudence.
[1988 5(b)]

Sources of International Law

1. “The substance of customary law must be looked into primarily in actual practice
and ‘opinio juris’ of the States.” In the light of the above statement and by
referring to case law, explain the interplay between objective and subjective
elements in acceptance of a particular custom as a source of international law.
[2013 6(a)]
2. It is often said that customary international law is easier to apply than to define.
What are the inherent problems in defining ‘custom’ and how can a custom be
considered as a source of international Law? [2012 5(a)]
3. “It is difficult to maintain the distinction between formal and material sources
taking into account that material sources consist simply of quasi constitutional
principles of inevitable but unhelpful generality. What matters is the variety of
material sources, the all-important evidence of the existence of consensus among
States concerning particular rules of practice.” Critically examine the various
sources of International Law in the development of Modern international Law,
with the help of relevant case law. [2008 5(a)]
4. Discuss the importance of International Customs as a source of International Law.
When does a usage crystallize into a custom ? [2007 6(a)]
5. “The term ‘general principle of law recognised by civilized nations’ is very wide
and vague”. Comment in the context of Article 38 (I) (c) of the Statute of the ICJ.
[2003 5(c)]
6. Highlight the significance of “Judicial decisions” as a source of international law.
[2001 5(c)]
7. “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. [1997 5(a)

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8. A provision of treaty may sometimes generate a rule of customary international

law. Discuss. [1996 5(a)]
9. Write short notes on- Nicaragua Vs U.S.A. - Case concerning military and
para-military activities in and around Nicaragua-1986 C.J. [1996 8(c)]
10. “.... Custom and treaties are the two principal sources of international law. “
Discuss. [1994 5(a)]
11. “Decisions of courts and tribunals are a subsidiary and indirect source of
international law” discuss this statement and explain how far decisions of judicial
institutions lead to the formulation of the rules of international law. [1993 5(a)]
12. Examine the requirements for establishing a rule of Customary International Law.
Assess how far the “Resolutions” of and ‘ Declaration of Principles by the General
Assembly of the UNO have been sources of international Law. [1989 6(a)]

2. Relationship between International Law and Municipal Law.

1. Explain different theories on the relationship between International law and Municipal
law. [2021 5(b)]
2. Explain the State practices relating to observing International law within the
Municipal law. [2020]
3. What are the various theories prevalent for deciding the relationship between
International Law and Domestic Law ? How do the National Courts in India apply the
International Law ? [2019 6(a)]
4. What are the theories relating to the relationship between International Law and
Municipal Law? Elaborate. [2017 5(a)]
5. Discuss how International Law becomes part of the law of the land in India. In case of
conflict between the International Law and Municipal Law, which one would be
applied by the Municipal Courts of this country? Explain. [2016 6(a)]
6. In the ultimate analysis individuals alone are the subjects of International law.”
Comment. Also discuss the Transformation theory in the context of the relation
between International law and Municipal law. [2015 8(c)]
7. Define the concept of ‘opposability’ in the context of the relationship between
International Law and Municipal Law. Also discuss the relevance of this concept in
modern times with special reference to India. [2014 8(b)]
8. “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 action of domestic agencies? [2013 5(a)]
9. With reference to the relationship between international law and municipal law,
discuss the ‘transformation’ and ‘specific adoption’ theories. How can these two
theories be harmonised with reference to States’ obligations under relevant
international law. [2012 5(b)]
10. In practice the relationship between international Law and Municipal Law exists in
the mixture of International Law supremacy, Municipal Law supremacy and a
co-ordination of legal system.” Comment on the aforesaid statement of Edward

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Collins in the context of the relationship between International’ Law and Municipal
Law. [2009 5(d)]
11. “The relationship between International Law and Municipal Law is one of
co-ordination and interdependence”. Discuss. [2003 5(d)]
12. “The relationship between international law and municipal law has posed a difficult
problem to municipal courts, namely to what extent may such courts give effect within
the municipal sphere to rule of international law.” Clearly examine the criterion which
has been adopted by municipal courts to resolve this issue. [2001 6(a)]
13. Can a State invoke non-compliance with its domestic constitutional law as a ground
for invalidating its consent to be bound by a treaty and if so when? [1997 5 (d)]
14. Discuss various theories as to the relationship between International Law and
Municipal law and explain the practices followed by the United States, Britain and
India for adopting International law into their own legal systems. [1995 6(a)]
15. “... the law of nations and the municipal law of several states are essentially different
from each other”. Explain and show how a reconciliation of the conflict is made by
state practice. [1995(b)]
16. Discuss the relationship between International Law and Municipal law. [1988 5(a)]
17. ‘Treaties are the Supreme Law of the Land under the U.S. Constitution.’ What is the
position in Indian Law? [1986 5(a)]

3. State Recognition and State Succession.

State Recognition
1. 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. [2021 6(a)]
2. In resolution 67/19, the UNGA decides to accord to Palestine, a non-member observer
status in the UN. Explain the importance of the resolution while determining the
Statehood of Palestine. [2020]
3. What do you mean by State-Recognition ? What are the legal effects of recognition ?
Differentiate between de-facto and de-jure recognition. [2019 5(d)]
4. International Law evidences the evidentiary theory of recognition. Discuss. [2016
5(e)]
5. Define and distinguish between the following:
a. Recognition of State and Recognition of Government
b. De facto and De jure recognition
c. Also explain the concept of ‘Collective recognition’. [2015 6(c)]
6. Recognition confers the legal status of a State under International Law upon the entity
seeking recognition. Important legal effects are being derived from recognition.
Critically examine the statement. [2014 5(c)]
7. “States are subject to a duty under International Law to recognize a new State
fulfilling the legal requirements of Statehood, but the existence of such a duty is not
borne out by the weight of precedents and practices of States. The decision of a State
in according or withholding recognition is a matter of vital policy that each State is
entitled to take by itself.” Reconcile and argue which of these two statements (extreme
views) regarding recognition of a State given by Lauterpacht (obligatory) and by

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Podesta Costa (Facultative) is more appropriate, with the help of instances in regard to
de facto and de jure recognition. .[2013 6(b)]
8. “The distinction between ‘dejure/defacto recognition’ and ‘recognition as the de jure
and defacto government’ is insubstantial, more especially as the question is one of
intention and the legal consequences thereof in the particular case. If there is a
distinction it does not seem to matter legally.” Comment and discuss the distinction
between the two. [2011 6(a)]
9. Discuss with illustrations the law and the practice of various State in relation to
non-recognition of governments. [2010 6(b)]
10. Examine critically the different views regarding the recognition of States, highlighting
the legal consequences of acts of recognition and policies of non-recognition. Also
mention the difference between ‘express recognition’ and ‘implied recognition.
[2009 6(a)]
11. International practice supports the evidentiary theory as to the nature, effect and
function of recognition. Comment. [2007 6(b)]
12. A State is and becomes, an international person through recognition only and
exclusively. Discuss. Is there any duty under International Law to recognize a State?
[2006 5(d)]
13. “The granting of recognition to a new state is not constitutive but a declaratory act.”
Do you agree with this view? Discuss the theories of recognition and state which
theory is correct in your view. [2009 6(a)]
14. Explain recognition of a state and recognition of a government. [2003 5(b)]
15. Write explanatory notes on-Recognition of state and Recognition of Government.
[2001 8(a)]
16. A revolution takes place in State ‘X’, ‘Y’ seizes power in an unconstitutional manner
by installing himself as the Head of S a e ‘X’, What principles will govern the
question of recognition of ‘Y’ as the Head of State ‘X’ on the part of other states.
What consequences will ensue if recognition is accorded or refused? [2000 7(b)]
17. “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.
[1997 5(b)]
18. State X deposited some gold in State Y. There was a rebellion in State X and the
rebels were successful in establishing a parallel government. After some time State Y
granted dejure recognition to the new government formed by rebels. The new
government claims the gold deposited in State Y by the old government. Decide.
[1996 7(b)]
19. Ten aircraft that belonged to the monarchical government of prerevolutionary Russia
were lying in the British airfield even after they were sold to an American company.
The communist Government that came to power in Russia after the revolution and
was recognized de jure by Britain made a claim for the ownership of the aircraft.
Discuss whether the previous transaction of sale is binding on the new government.
[1995 7(a)]
20. The government of state X is overthrown Rebels established new Government. State
Y continues to recognize the old government but accords de facto recognition to the
new Government. A suit is filed in State Y by new government of state X against a
bank for recovery of certain money due to State X. The old government opposes the

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suit claiming that the money belongs to the lawful representatives of States X.
Decide. [1994 7(a)]
21. Distinguish between de jure recognition and de facto recognition. [1993 6(b)]
22. ‘Recognition of a state is not a legal but political action’. Explain and illustrate.
[1992 5(d)]
23. Recognition of a new State of Government is precondition for claiming that the new
State or government has succeeded to the international rights and obligations of the
extinct state or the changed government. Explain the rule of international Law on this
matter making reference to cases. [1990 6(a)]
24. Clarify the status of Antarctica continent under contemporary international Law.
[1990 5(b)]
25. Define recognition and distinguish between recognition of States and recognition of
Governments. Explain the difference between de facto recognition and dejure
recognition. Discuss critically the various theories of recognition. [1988 6(a)]
26. The lawful Government in a country X is overthrown by a dictator T, who confers an
economic concession on a British national. Great Britain did not recognize the
Government of T, as it has come to power by illegitimate means. T’s Government is
ousted in turn after two years, and the new Government repudiates the concession to
the British national. Britain contends that the concession granted by T is binding on
the new Government. The new Government argues that as Britain had not recognised
the Government of T. It was stopped from putting forward the claim of its national.
Decide. [1988 6(b)]
27. State the theories of recognition of a State. Explain the various modes of recognition.
Distinguish between recognitions of State and recognization of India. Decide giving
reason. [1987 6(b)]
28. A company registered in India was carrying on trade in Sikkim before it became part
of India. The Government of Sikkim confiscated a few consignments to the company’s
office in Sikkim from India. Soon thereafter Sikkim became part of India. The
company claims the consignments of their value from the Government of India.
Decide giving reason. [1987 6(b)]
29. Discuss the legal effect of (i) recognition and (ii) non-recognition in the municipal law
of a country. [1986 5(b)]
30. During his visit to India in 1956, the Chinese Prime Minister Mr. Chou En-lai told the
Indian Prime Minister Mr. Nehru that in view of the friendly relation between China
and India, he proposed to recognize the McMohan Line border with India and that he
‘would like to consult the authorities of the Tibetan region of China’ on this and that
he ‘proposed to do so’. Cite precedents and examine whether, in international law, this
can be constructed as an act of recognition of the McMohan Line, binding on China.
[1986 6(b)]

State Succession

1. What do you understand by 'State Succession'? Discuss various theories of State

succession and explain the rights and obligations arising out of State succession.
[2021 6(b)]

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2. What do you understand by the principle of ‘Continuity of State’ in the context of

succession of government? Pinpoint the major areas to be addressed to improve
upon the existing position relating to State succession rules and practice. [2010
5(b)]
3. What do you understand by state succession? To what extent does succession take
place to (a) the treaty rights and obligations, and (b) contractual obligations of the
extinct state? Explain. [2005 8(b)]
4. A foreign bank has given a loan to the Government of State ‘A’ for the
improvement of roads in ‘X’, a province of State ‘A’ ‘X‘ is subsequently ceded to
State ‘B’. The Government of Stae ‘B’ refuses to accept any responsibility for the
loan. Is State ‘B’ entitled to do so? Discuss. [2000 7(c)]
5. Pakistan had taken loan from certain international loaning agencies for its
development. Part of the loan was spent on the development of the then East
Pakistan which is now the independent State of Bangladesh. After East Pakistan
seceded from Pakistan, Pakistan contended that the responsibility for the
repayment of that portion of debt which was spent on East Pakistan had devolved
on Bangladesh. Bangladesh denied it. Decide giving reasons. [1999 8(a)]
6. 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 sent to the company’s 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.[1997 7(b)]
7. While as matter of international law, private rights acquired from an erstwhile
sovereign do not cease to exist on a change of sovereignty, nevertheless, their
enforcement as such right in the courts of the successor sovereign may be barred
by the act of State doctrine. Discuss and illustrate. [1996 5(c)]
8. Write short notes on succession of contractual obligations of extinct state. [1991
8(b)]

4. Law of the sea: Inland Waters, Territorial Sea, Contiguous

Zone, Continental Shelf, Exclusive Economic Zone and High
Seas.
1. Explain the main features of Law of the Sea. What is the difference between the
jurisdiction over Territorial Sea' and Exclusive Economic Zone'? [2021 6(c)]
2. Discuss the rights and obligations of Coastal States and other states in the territorial
waters and contiguous zone. [2020]
3. Briefly explain the following :(i) Exclusive Economic Zone and the rights of other
States thereto [2019 6(b)(ii)]
4. “Continental Shelf was regarded as the natural prolongation of the land mass of the
coastal state.” Critically examine the Delimitation of the Continental Shelf with the
help of relevant case law of the International Court of Justice (ICJ). [2018 6(a)]
5. Define ‘high seas’. Discuss in brief the provisions of the convention on high seas. Is
freedom of fishing on high seas recognized? [2017 6(a)]

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6. Discuss the legal regime of ‘right of innocent passage’ through the territorial waters
(including international straits) of a State. [2016 7(a)]
7. Discuss the law of delimitation of the continental shelf of a State including the
continental shelf common to two or more States. [2016 7(b)]
8. Discuss the functions, powers and jurisdiction of the International Tribunal for the
Law of the Sea (ITLS) established under the UN Convention on the Law of the Sea,
1982. [2016 7(c)]
9. Under modern International law what meaning has been assigned to the term ‘High
Sea’? Explain. Also discuss the scope of the concept of freedom of the High Sea with
reference to legality of nuclear test in the areas of High Sea. [2015 8 (b)]
10. What is ‘Fishery zone’? How is it different from ‘Exclusive Economic Zone’? Do you
agree with the statement that ‘a coastal state has a special interest in the maintenance
of the productivity of the living resources in any area of the high seas adjacent to its
territorial sea’. Elucidate. [2014 6(c)]
11. What is the importance and meaning of ‘Base Line’ under UN convention on Law of
Sea 1982? How is it determined? [2014 8(c)]
12. 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. [2013 5(c)]
13. Having regard to the United Nations Convention on Law of Sea (UNCLOS-Ill), which
came into force in 1994, and its two predecessor UN Conventions on the Law of the
Sea, analyse how far these conventions have been able to effectively codify customary
international law of sea. [2012 8(a)]
14. “Vessels on the high seas are subject to no authority except that of the State whose
flag they fly. In virtue of the freedom of the sea, that is to say, the absence of any
territorial sovereignty upon the high seas, no State may exercise any kind of
jurisdiction over foreign vessels.” Give a critical appraisal of this principle in the light
of the case law and views of the international Law commission. [2011 6(b)]
15. Write short notes on the Exclusive Economic Zone. [2010 8(a)]
16. Define Continental Shelf and distinguish it from Exclusive Economic Zone. Critically
evaluate the rights and obligations of coastal states in the Exclusive Economic Zone.
[2007 7(a)]
17. Write explanatory notes on Territorial Sea. [2007 8(b)]
18. Discuss the provisions relating to the exercise of control by a coastal state over the
artificial islands, installations and structures constructed by it in the Exclusive
Economic Zone and the conservation and utilization of living resources therein.
[2005 7(a)]
19. “The Law of Sea Convention 1982, does not bestow on landlocked states any definite
right of transit.” Do you agree with this statement? Give reasons. [2004 7(a)]
20. Write short note on the ‘Piracy jure gentium’ on High Seas. [2000 5(c)]

5. Individuals: Nationality, statelessness;

1. Define Double Nationality' and 'Statelessness'. Evaluate the efforts taken to eliminate
or reduce them. [2021 5(d)]
2. “International law is primarily concerned with Rights, Duties and Interests of States.”
Critically examine the statement with reference to the place of Individuals and
Non-State entitles in International law. [2018 8(a)]

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3. Define Nationality'. What are the modes of acquisition and loss of nationality ? What
is the position of nationality of married women ? [2017]
4. “A man’s nationality is a continuing legal relationship between the sovereign state on
the one hand and the citizen on the other.” Explain the above statement. Also mention
the difference between ‘nationality’, ‘double nationality’ and ‘statelessness’. [2015]
5. “In the ultimate analysis individuals alone are the subjects of International law.”
Comment. Also discuss the Transformation theory in the context of the relation
between International law and Municipal law. [2015]
6. ` States are under a duty to recognize a nationality acquired by a person whi has no
genuine link or connection with the naturalising state' - ( Nottebohm case (second
phase) ICJ, 1955). In the light of the above statement, explain the concept of
`nationality 'and its acquisition with the help of suitable examples [2013]
7. Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights, 1966 providing an enforcement mechanism for individuals in the international
sphere is a watershed moment for the enthusiasts of second generation rights. Discuss
the proposed mechanism, its significance and viability. [2012 8(b)]

6.Human Rights and procedures available for their

enforcement.
1. Discuss the status of individual in International Law especially with reference to
human rights treaties. [2020]
2. It is generally viewed that “Rights and Duties are correlative”. However, the
International Human Rights Movement has developed more as rights-oriented than
duties-oriented. Why has this happened? Explain with the help of various
International Human Rights instruments. Can you think of a ‘Human Duty
Movement’ instead of a ‘Human Rights Movement’ ? [2018 5(c)]
3. Discuss the status of individual in International Law especially with respect to Human
Rights Treaties. [2016 5(b)]
4. A member of European Union has witnessed widespread disturbances, consequent
upon a military coup, including censorship on all forms of media and communication,
targeting civilians sympathetic with the ousted leader by assaulting and killing, severe
rationing and control on essential commodities such as fuel and food resulting into
galloping inflation. In the light of these grave violations of human rights, examine the
role of:
a. Security Council
b. European Court of Human Rights. [2013 8(b)]
5. ‘The Universal Declaration of Human Right is comprehensive and has to some extent
affected the content of national laws, being expressly invoked by tribunals, yet it is not
a legal instruments and some of this provisions could hardly be said to represent legal
instrument and some of its provision could hardly be said to represent legal rules.
Some of its provision either constitute general principles of law or represent element
consideration of humanity. Perhaps its greatest significance is that it provides and
authoritative guide, produced by the General Assembly, to the interpretation of the
provisions in the Charter.’ [2011 5(b)]

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6. “A human rights violation is now conceived as a violation not only of those personally
and directly aggrieved but of everybody” Examine critically the above statement with
reference to the present scenario of our country and rest of the world. [2009 5(c)]
7. “India is neither a signatory to the 1951 Convention nor to the 1967 Protocol relating
to the status of refugees and is already a signatory' to other Universal Human Rights
Instruments. The Indian courts have taken the lead by resorting to judicial activism in
protection of refugees with the aid of international Instruments, constitutional and
various legislative provisions.” Discuss. [2008 5(b)]
8. What is the role of the United Nations in the promotion and protection of Human
Rights? How far has the Universal Declaration of Human Rights been successful in
creating a human rights culture? [2006 7(b)]
9. “The authors of the United Nations Charter were the first to regard respect for human
rights as an instrument of peace.” Explain the above statement in the light of the
provisions of the U.N. Charter relating to the C.S.E. LAW promotion of human rights.
[2005 5(b)]

7.Territorial jurisdiction of States, Extradition and Asylum.

Territorial jurisdiction

1. International Law sets little or no limitation on the jurisdiction which a particular

State may arrogate to itself. Explain the nature and scope of ‘State Jurisdiction’.
Critically examine the principles of ‘State Jurisdiction’. [2014 5(b)]
2. Trace the development of International Law relating to sovereignty over air-space
Critically examine the scope of legal control of use and abuse of outer space. [2014
7(b)]
3. The Arbitration Commission of European Conference on Yugoslavia emphasized
in opinion no 2 that “it is well established that whatever the circumstances, the
right to self-determination must not involve changes to existing frontiers at the time
of independence (Uti possidetis juris) except where the states concerned agree
otherwise.” [2014]
4. What do you understand by the concept ‘Diplomatic Immunity’. What rules are
provided under International Law in this respect. Discuss. [2014 5(e)]
5. Write short note on the Laws relating to aircraft hijacking. [2010 8(b)]
6. Discuss the basis of State jurisdiction. What are the exemptions to the territorial
jurisdiction of State? [2006 6(b)]
7. “Every person is subject to the territorial jurisdiction of a state.” Critically examine
the statement. [2000 5(c)]
8. Trace the development of international law relating to sovereignty over the
air-space. Explain the scope of legal control of use and abuse of outer space. [1998
6(b)]
9. X, an American citizen published in Texas an article defamatory to a Mexican
citizen Y. X was in Mexico on a temporary visit and was arrested by the Mexican
government. How will you decide? [1996 7(a)]
10. X and Y were British subject who entered in the service of the Chinese
Government while they were onboard a Chinese warship anchored in the territorial
of Hong Kong, X killed Y. X is prosecuted for murder before the British local court

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of Hong Kong. X challenges the Jurisdiction of the court to try him. Decide. [1995
7(c)]
11. A Chinese warship which passes through the territorial waters of Singapore is
damaged by the explosion of mines laid by Singapore there. A naval unit of China
sweeps the mines of the territorial waters of Singapore without the consent of
Singapore. Both China and Singapore complain against the action of the other.
Develop the arguments on the basis of which decision can be given by the
International Court of Justice. [1994 7(c)]
12. Write short notes on Domestic jurisdiction of States. [1994 8(a)]
13. “Now the central feature of distinction between occupation and prescription was
this, that one act of animus and factum sufficed to complete the legal act designated
by the term occupation; whereupon res ceased to be nullius, but the possession
which required the factum of physical control to be continuous for a longtime, was
the basis of prescription.” O’Connel. Explain and bring out the importance of
occupation as a mode of acquisition of territory in International law. [1993 6(a)]
14. The state have complete legal jurisdiction in airspace over their territory but
airspace is limited. Explain the position. [1991 6(b)]
15. What are the remedies, if any available to a state against spy planes and spy
satellites flying or moving over its territory? Examine the scope of the jurisdiction
of state over its ‘air space’ and the ‘outer space’ above its territory. [1989 8(b)]

Extradition and Asylum

1. Explain the principle of Double Criminality' and the Rule of Speciality under the
international law of extradition. [2021 5(c)]
2. "Asylum ends where extradition begins". Comment. Distinguish between territorial
asylum and extraterritorial asylum. [2020]
3. What do you understand by territorial jurisdiction of States ? Do you agree with the
view that Right to Seek Asylum is firmly established under International Human
Rights Law? If so, substantiate your answer with reasons. [2019 7(a)]
4. “Where Extradition begins, Asylum ends”. Critically examine the above statement
with special reference to extraditable persons and extradition crimes. [2018 5(b)]
5. Discuss the scope of right of asylum under International Law and explain ‘territorial’
and ‘extra-territorial’ asylum. [2017 8(b)]
6. Can India invoke the India-UK Mutual Legal Assistance Agreement for extraditing an
Indian national who has run away to UK in spite of an Indian Court order in respect of
fraud and money laundering against him? [2016 6(b)]
7. What is the meaning of the term ‘Territorial Asylum’, under International law? What
are the major components? And how is it different from the term “Territorial
Sovereignty? Discuss. [2015 7(c)]
8. Evaluate the importance and relevance of ‘Extradition Treaty’, under International
law. Is a state liable to extradite an offender, who has been accused of a political
murder in a neighbouring state ? Give reasons. [2015]
9. “Asylum stops as it were when extradition begins”. Comment. Also explain the
various principles of extradition with reference to leading cases. [2014 8(a)]
10. A group of three men (L,M and N) citizens of country A posing as officers of premier
investigating agency of A, rob a huge jewellery shop and then flee away to country B,

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where they are granted asylum. Government of A, requests B to extradite L, M and N

in terms of extradition treaty between them. B declines. A sends spies to B who
abduct L, M and N and who produce them before the Court in A. ‘B’ approaches ICJ
against use of force by ‘A’. Prepare (i) A brief of arguments for A, (ii) A brief of
arguments for B, (iii) Opinion of the Court. [2013 7(b)]
11. “Extradition as a rule is effected by bipartite treaty. There is, therefore, no duty to
extradite in the absence of a treaty. Further, the extradition treaties normally relate
only to serious crimes and impose the same obligation on both the parties concerned.”
Give your opinion on the correctness of this statement with reference to the existing
position under the international Law. Also critically examine this practice in the light
of ever increasing individual movement for trade and service to suggest necessary
modification in law. [2011 7(b)]
12. Asylum ends where extradition begins. Explain fully. [2006 5(b)
13. What are the conditions for granting asylum in a diplomatic embassy? When is this
asylum regarded irregular? Explain with illustrations.
14. Discuss the principles on which the extradition of a fugitive offender is based. Is a
state liable to extradite an offender, who has been accused of a political murder in a
neighbouring state? Give reasons. [2004 6(a)]
15. Asylum stops, as it were, where extradition or rendition begins. [1999 5(b)]
16. Write the short notes on Asylum. [1998 8(c)]
17. X was a terrorist. He caused two explosions in a cafe in Sri Lanka. After committing
the offence X fled to England. Sri Lanka demands extradition of X. X contends that
the nature of his crime was political and therefore, he could not be extradited. Discuss
the validity of the claim of X, referring to the principle of non extradition for political
crimes and the exceptions thereto. [1996 7(c)]
18. Distinguish between territorial asylum and extraterritorial asylum. [1993 6(c)]
19. Define extradition. State the essential condition for extradition. Explain the
relationship of extradition with asylum. Can a country having extradition treaty with
India refuse to surrender a terrorist charged of murder on the ground that it has
granted him asylum? [1992 6(b)]
20. A national of country ‘X’ on a visit to India was given asylum in his Embassy, by the
Ambassador of country Y in India. He was secretly sent away by plane to country Y,
by its Embassy: Discuss the legality of the Embassy’s actions and the remedies of
India, if any. [1988 7(b)]
21. State the law relating to extradition. Explain the relationship between extradition and
asylum. Providing shelter to refugees and granting asylum to political prisoners. [1988
8(d)]
22. Write short notes on Extradition and asylum. [1987 8(d)]

8. Treaties : Formation, application, termination and

reservation.

1. What are the various steps involved for concluding an international treaty and
bringing it into force? [2020]

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2. Examine the extent and limits to which a treaty can confer rights and impose
obligations on the third State which is not party to the treaty. [2019 7(b)]
3. Define ‘International Treaty’ and explain the growing importance of treaties in
Modern International Law. Can a multilateral treaty be terminated? If so, on what
grounds? Explain. [2018 5(d)]
4. Discuss the provisions relating to amendment and modification of treaties under
the Vienna Convention on Law of Treaties, 1969. [2017 7(c)]
5. A treaty is void if it conflicts with an existing or new or emerging peremptory
norm of international Law or ‘jus cogens’ at the time of its inclusion. Comment.
[2016 5(c)]
6. Discuss whether the trend of convention providing a special clause prohibiting all
kinds of reservations or some or specific or special kind of reservation or
prohibiting reservations totally will hinder the growth of International Law. [2016
5(d)]
7. Explain the principles of ‘Ratification of Treaty’. Also examine the consequences
of non-ratification of a treaty. [2015 5(e)]
8. International Treaties are agreement of contractual character between States or
organisation of States creating legal rights and obligations between the parties.
Examine the statement critically and explain the growing importance of Treaties
in Modern International Law. [2014 5(d)]
9. While concluding a multilateral treaty, a State can make reservation(s) and the
other State(s) may accept or reject such reservation(s) without jeopardizing the
object and integrity of the treaty. Discuss the need and relevance of reservations
in treaty law in the light of above statement. [2013 5(b)]
10. Identify and comment on the three major grounds for a State party to avoid its
treaty obligations. [2012 5(c)]
11. A reservation, which purports to exclude or to modify the legal effects of certain
provisions of the treaty in their application to that State, is accepted in practice, if
it is compatible with object and purpose of the treaty. Discuss the practice of
different nations and opinion of ICJ regarding admissibility of reservations to the
conventions. [2010 5(d)]
12. Explain critically the principle of ‘Jus cogens’. Distinguish between ‘Equal
Treaties’ and ‘Unequal Treaties’. Give examples and also discuss the salient
features of Vienna Convention on the Law of Treaties. [2009 7(b)]
13. Write explanatory notes on the Jus Cogens. [2007 8(c)
14. Explain the doctrine of Pacta sunt servanda. What are the exceptions to the above
doctrine? [2007 5(b)]
15. In the eyes of International Law treaties are meant to be kept. Their obligation is
perpetual. Comment. [2006 5(c)]
16. Write a critical note on the provisions of the Vienna Convention on the Law of
Treaties, relating to the grounds of invalidity, termination and suspension of the
operation of treaties. [2005 6(b)]
17. Explain ‘Jus cogens’. Examine critically the Articles on ‘Jus cogens’in the
Vienna Convention. [2004 6(b)]
18. The principle ‘Pacta sunt servanda’ has long been recognised as a fundamental
principle of international Law, which makes the treaty binding upon the parties to

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it, and must be performed by them in good faith (Vienna Convention).Explain.

[2003 6(a)]
19. Write Short Notes on Rebus Sic Stantibus in the Vienna Convention 1969 on the
law of treaties. [1996 8(d)]
20. ‘One of the most controversial provisions in the Vienna Convention on the Law of
Treaties 1969 is in respect of Jus cogens.’ Discuss. [1995 5(d)]
21. Write short notes on Jus cogens. [1993 8(d)]
22. Examine the extent to which a treaty can (i) confer rights and (ii) impose
obligations, on third states not party to it. [1988 5 (d)]
23. Examine the rules regarding (i) reservations to multilateral treaties and (ii)
registration of treaties. [1986 6(a)]
24. “International law, on the level of unorganized International Society, does not
know of any jus cogens” (rules of International Public Policy) - Schwarzenbarger.
Discuss, in the light of the relevant provisions of the Vienna Convention on the
Law of treaties. [1985 5(b)]

9. United Nations : Its principal organs, powers and functions

and reform.
1. 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. [2021 7(a)]
2. Discuss the purpose and principle governing United Nations. What reforms, if any,
do you suggest for the UN system? [2020]
3. What are the parameters of contentious jurisdiction exercisable by the International
Court of Justice? [2020]
4. “United Nations is designated as the foremost forum to address the issues that
transcend the national boundaries, which cannot be resolved by a country alone.” In
the light of this statement, discuss the functions of the General Assembly. [2019
7(c)]
5. “Membership of the Security Council is not democratic mainly because of its veto
power. In view of that, the U.N Security Council should be expanded and should
given more membership to other countries reflecting the demographic composition
of the community of nations.” Explain. [2018 6(c)]
6. Does the International Court of Justice (ICJ) have the competence to determine its
own jurisdiction? Discuss with case law. [2017 5(c)]
7. Critically examine the provisions of the UN Charter which enables the UN to
perform its primary role of ‘peace keeping’ among nations. What is your assessment
regarding this function of the UN? Suggest some measures or a road-map for this
purpose. [2015 8(a)]
8. The Republity of Marshall Islands (RMI) recently filed an application against India
in the International Court of Justice (ICJ) alleging India’s breach of its obligation to
pursue in good faith and conclude negotiations leading to nuclear disarmament.
Would it fall under the compulsory jurisdiction of ICJ? Discuss. Also mention about
the possibility of challenging jurisdiction by India. .[2015 6(a)]

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9. Do you agree with the statement that ‘United Nations is a World Government’ ?
Give reasons for your answer. [2012 5(e)]
10. ‘The United Nations is capable of legal development in accordance with the needs
and circumstances. The Uniting for Peace Resolution, 1950 is its example.’ Discuss
the validity of this resolution. [2011 8(b)]
11. Normally the States are reluctant to resort to the International Court of Justice
mainly due to political factors; the general conditions of international relations; the
greater suitability of other tribunals; a flexibility of arbitration in comparison with a
compulsory jurisdiction and difficulty in getting enforcement of the decisions of the
court. However, the court has made a reasonable contribution in settling disputes.
Critically evaluate the working of the court specially in contentious cases. [2010
7(a)]
12. Would you support the idea of the general review of the United Nations Charter?
Give reasons. Also give your opinion about the continuity of the ‘Veto System’.
What is the stand of India in these respects? [2009 7(a)]
13. Discuss the powers of the Security Council to investigate any dispute or situation
inimical to international peace and security. [2007 7(b)]
14. How does the ICJ get jurisdiction over contentious disputes? Can a state be
compelled to submit its dispute with another sovereign state without its consent?
[2007 5(c)]
15. Answer the following questions: The establishment of compulsory jurisdiction of the
International Court of Justice is essential for the maintenance of international peace
and security. Comment. Why are countries generally reluctant to accept the
compulsory jurisdiction of the court. [2006 6(a)]
16. Critically examine the provisions of the United Nations Charter which enables the
United Nations to perform its primary role of peace-keeping. Does the Charter
require any reform in this respect? [2005 8(a)]
17. Discuss the jurisdiction of International Court of Justice. Who will decide as to
whether the Court has jurisdiction or not? [2004 8(a)]
18. “The General Assembly has become more powerful than the Security Council of the
United Nations.” Do you agree with this view? Give reasons. [2004 5(b)]

10. Peaceful settlement of disputes—different modes.

1. 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. [2021 8(a)]
2. Explain the role of arbitration for peaceful settlement of international disputes. [2020]
3. Discuss in brief, the various modes of peaceful settlement of international disputes.
Do you think that these modes of settlement are effective or is any other mode
required in the present scenario ? [2019 5(e)]
4. Define International Dispute. Explain the difference between peaceful settlement of
disputes and compulsive settlement of disputes. Critically examine the growing
importance of ADR methods in International Dispute settlement. [2018 6(b)]
5. Enumerate the various methods of Peaceful Settlement of International disputes.
Elaborate on judicial settlement. [2017 6(c)]

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6. Discuss, with the help of relevant case law, various methods specifically mentioned
under Chapter VI of the UN Charter to resolve international disputes peacefully. Also
discuss the role of Security Council in this regard. [2016 8(b)]
7. Discuss the various peaceful means of resolving International Disputes. Which one
according to you is more practical in the context to problems of the present day? Give
reasons. [2015 5(b)]
8. Chapter VI of UN Charter is devoted to peaceful settlement of International Disputes.
Discuss the methods mentioned and explain the role of Security Council and General
Assembly in this regard, and the role such settlement plays in obviating the need to
resort to Chapter VII measures. [2013 8(a)]
9. “With the exception of disputes of an exclusively legal character which are usually
submitted to arbitration or judicial settlement, it is purely a matter of policy or
expediency which of the different methods is to be adopted for composing a particular
difference between States.” Explain the different methods of peace fill dispute
settlement envisaged by the United Nations Charter and examine the appropriateness
of each in different situations. [2012 7(a)]
10. “The principle of States being obliged to “settle their international disputes by
peaceful means in such a manner that international peace and security, and justice, are
not endangered is generally bashed aside by the tendencies of the nation-states of
being reticent to submit disputes to independent, impartial adjudication, particularly
not accepting in advance the compulsory jurisdiction of an independent judicial body.”
Explain the statement with reference at least to one such conflict exiting in the world
and also prepare a module for promoting negotiations among nations using new
opportunities created by globalization. [2011 7(a)]
11. Define and distinguish between ‘arbitration’ and judicial settlement’ in the context of
the rules of International Law. Also mention the relevant provisions regarding ‘forum
prorogatum.’ [2009 5(a)]
12. Write short notes on the Manila Declaration, 1932. [2009 8(c)]
13. Answer the following questions: Arbitration is the most efficacious mode of
settlement of international disputes. Elucidate. Discuss the advantages and
disadvantages of arbitration as a method of settling international disputes. [2006 7(a)]
14. Explain the forcible methods of settlement of international disputes. [2004 5(c)]

11. Lawful recourse to force : aggressions, self-defence,

intervention.
1. Write note on (2) Grounds of Intervention [2020]
2. What are the rules of International Law governing the lawful use of force by the
States in the exercise of their inherent right of self-defence ? [2019 5(b)]
3. What are the factors that govern the recognition of insurgency and belligerency?
[2017 5 (b)]
4. Comment on the provisions relating to prohibition of use of force and exceptions
thereto under the U.N. Charter, 1945. [2017 5(e)]
5. Define intervention and mention the grounds under which it is justified. Also throw
light on the violations of this principle of International Law. [2014 7(c)]

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6. The concepts of ‘necessity’ and ‘proportionality’ are at the heart of self-defence in

International Law. Explain, in the light of UN Charter and recent trend of extending
these to ‘pre-emptive’ or anticipatory’ self-defence due to ‘the imminence of attacks
and advancement in. armaments’. [2013 7(a)]
7. ‘Legal restraint on the use of force’ is the fundamental postulate on which the
conception of enforcement of peace is based upon in modern international law.
Enumerate and elucidate various international legal instruments with the help of
which this concept is actually practised. [2012 6(b)]
8. “It is evident that general International Law does not prohibit intervention under all
circumstances, forcible interference in the sphere of interest of another State is
permitted as reaction against violation of International Law.” Critically examine the
statement. [2008 7(a)]
9. Define intervention and state the grounds under which it is justified under
International Law. [2005 5(c)]
10. In what circumstances may the use of force be legal under the United Nations
Charter? Critically comment. [2005 5(d)]

12. Fundamental principles of international humanitarian

law—International conventions and contemporary
developments

1. What is the understanding and scope of legal regimes pertaining to International

Armed Conflict (IAC) and Non-International Armed Conflict (NAC) respectively, and
what are the thresholds of application of these two regimes? Illustrate the impact of
International Humanitarian Law on international refugee crisis. [2020]
2. “Certain provisions of the four Geneva Conventions (1949) and their additional
protocols of 1977 have assumed the status of customary principles (jus cogens) of
IHL today.” Do you agree with the above statement? Justify your arguments in the
light of common Article 3 of the four Geneva Conventions.[2018(a)]
3. Elucidate the fundamental principles of International Humanitarian Law as envisaged
under International Conventions. [2017 8(c)]
4. What are the essential differences between the International Humanitarian Law and
International Human Rights Law? Explain. [2016 9(c)]
5. Explain the concept of ‘International Humanitarian Law’. How can it be achieved?
Critically examine the role of The Hague and The Geneva Convention in the
development of Modem International Humanitarian Law. [2014 6(a)]
6. Explain the present day relevance of the principle of self-determination as a human
right incorporated in both the international covenants with the help of at least one
actual instance. [2013 5(d)]
7. What is meant by right of national self determination of peoples and what is its role in
the creation of a new State ? Critically examine how minority rights can be protected
while balancing the territorial integrity of a State at the same time. [2012 6(a)]
8. “The rules of the humanitarian law of war have clearly acquired the status of jus
cogens’, for they are the fundamental rules of a humanitarian character, from which
no derogation is possible without negating the basic considerations of humanity which

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they are intended to protect.” Evaluate the above statement and also point out the
major distinction between humanitarian law and law relating to human rights. [2012
5(d)]
9. The four Geneva Conventions of 1949 for the protection of war victims cover the
wounded and sick in land warfare; the wounded, sick and ship-wrecked in warfare at
sea; prisoners of war; and civilians. Discuss; these protections. [2011 8(a)]
10. “Humanitarian Law is no longer Geneva and the Hague Law but transcends these
conventions to reach cosmic stature and seek expression through the United Nations
and other transnational instruments.”Discuss with Reference Of Growth And
Development Of International Humanitarian Law in the present century. [2009 5(b)]

13 Legality of the use of nuclear weapons; ban on testing of

nuclear weapons; Nuclear non- proliferation treaty, CTST.
1. 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). [2021 8(b)]
2. Write note on (3) Nuclear Non-Proliferation Treaty [2020]
3. Discuss the main provisions of the Comprehensive Nuclear Test Ban Treaty (CTBT).
Also explain the reasons why India has not signed this treaty. [2019 8(b)]
4. Explain the main provisions of the Treaty on the Prohibition of Nuclear Weapons,
2017. Do you think it can lead to complete elimination of nuclear weapons? [2017
8(a)]
5. Discuss the legality of the use of nuclear weapons in International Law. [2006 7(d)]

14 International Terrorism, State sponsored terrorism,

Hijacking, International Criminal Court.
International Terrorism

1. "Humanity is in peril in the present world due to terrorism." Suggest the ways to
protect it in the context of human rights. [2021 7(c)]
2. Write Notes on the following: (1) International Terrorism [2020]
3. Explain the concept of terrorism in the context of current technological developments.
Do you justify counter-terrorism as an effective strategy to deal with terrorist
activities? Is the existing international legal regime effective in dealing with emerging
new terrorist threats ? Explain. [2018 7(b)]
4. Define ‘hijacking’ and discuss the main provisions of the Hague Convention, 1970.
[2017 5(d)]
5. “International Terrorism is a threat to world order and peace.” Elucidate. Also define
the term ‘International Terrorism.’ What major steps have been taken up by the
developed and developing countries in this respect? Discuss. [2015 5(d)]
6. What is international terrorism? Discuss various actions taken by the united Nation to
eliminate the cause underlying international terrorism. [2011 5(d)]

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7. “Aut dedere aut judicare obligation is a common feature of the recent antiterrorism
conventions.” In the light of this statement explain the rules of International law
pertaining to extradition of terrorists. [2005 5(a)]
8. The law of extradition has obstructed international reaction against terrorism though
all States agree that terrorism should be effectively suppiessed. Critically examine the
problem of dealing with terrorism under international law keeping in view the above
statement. [1989 8(a)]

International Criminal Court

1. “The effectiveness of the International Criminal Court depends on the degree of
co-operation provided by the States. This co-operation concerns not only the
State-party to the International Criminal Court but also the non-party State.” Discuss.
[2019 6(c)]
2. Enumerate the main features of International Criminal Court. What credit would you
attribute to the functioning of this Court? What are the major drawbacks of this
Court? Discuss, in this context, the possible amendments to the Regulations of the
International Criminal Court. [2009 6(b)]
3. Write explanatory notes on the International Criminal Court. [2007 8(b)]

15. New International Economic Order and Monetary Law :

WTO, TRIPS, GATT, IMF, World Bank
1. 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.
[2021 7(b)]
2. A WTO member country "X' agrees with a non-member country "Y' 'to reduce the
tariff on product "A" to 7 percent. Can the WTO members claim the same tariff level
on like product "A" from country "X"? How have the dispute settlement bodies
defined the "like product" in Article I.1 of GATT? [2020]
3. Explain in detail the anti-dumping provisions under GATT and WTO. What are the
methods laid down for determination of "anti-dumping" and "material injury"? [2020]
4. Explain the historical evolution, objectives and main principles of the General
Agreement on Tariffs and Trade (GATT). [2019 8(c)]
5. Do you agree with the statement that “Globalization is a necessary evil”? Critically
examine the implications of the reform process undertaken by the IMF and IBRD by
way of structural adjustment programmes and policies on developing countries, with
special reference to India. [2018 5(e)]
6. It is generally viewed that “What the U.N. did in the 20th century for maintenance of
peace and security, the W.T.O. is going to play the same role on economic and trade
relations in 21st century.” Discuss the above statement in view of the changing notion
of political sovereignty to economic sovereignty of State. [2018 8(c)]
7. Explain the differences between Paris and Bern regimes. Do you agree with the
statement that, “the Trade Related Intellectual Property Rights (TRIPs) is nothing, but
mere repetition of the Paris and Bern Conventions.” Discuss. [2018 7(c)]
8. The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) is
playing an important role in maintaining the stability of the global economy.
Comment. [2017 6(b)]

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9. In several respects the TRIPS Agreement goes beyond the traditional GATT approach
and further develops the law of International Trade’. Examine the important
achievement of the Agreements on Trade Related Aspects of Intellectual Property
Rights. (TRIPS). [2014 6(b)]
10. What are the objectives, structure and functioning of World Trade Organisation? Does
signing and ratifying WTO undermine the Parliamentary Autonomy of India? Discuss.
[2014 7(a)]
11. How would you react to the statement that TRIPS agreement on the one hand is a
historic act but on the other hand it failed to achieve the goals of improving trading
powers and trade issues of the least developed countries? Comment. [2010 7(b)]
12. Comment on the statement that ‘WTO’ is the main organ for implementation of
Multilateral Trade Agreements and is the third economic pilar of the worldwide trade
and commerce. [2010 5(c)]
13. “International Organisations are very important to International Trade Law.” Examine
the role of relevant International Organisations involved in the development of
International Trade Law. [2008 6(a)]
14. Explain the need, objectives and outcome of the Bretton woods conference of 1944.
Discuss the similarities and distinctions between the International Monetary Fund
(IMF) and the ‘International Bank for Reconstruction and Development (IBRD)’.
Critically examine the role of the IMF and IBRD initiatives in the liberalization,
privatization and globalization of economies, while focusing on the problems of the
developing countries. [2008 6(b)]
15. Explain the concept and characteristics of “Third World Countries”. Critically
examine the demands and the achievements of “Third World Countries” in shaping
New International Economic Order. [2008 5(c)]
16. WTO aims at progressive liberalisation of world trade in goods and services and
protection of intellectual property rights. Explain. How WTO is a facility extending
the institutional structure of GALE? [2006 7(c)]

16. Protection and Improvement of the Human Environment :

International Efforts.
1. Discuss the role of United Nations in protection and improvement of human
environment. [2021 8(c)]
2. Evaluate the main sources of International Environmental Law. Explain and discuss in
particular the emergence of "Soft Law" and principles of International Environmental
Law and how this has influenced the development of this area of International Law.
[2020]
3. Write critical notes on the following: International efforts towards protection and
improvement of human environment. [2019 8(a)(i)]
4. Do you agree with the statement that “Beginning with the Stockholm Declaration of
1972, there has been an increased reliance upon non-binding international instruments
dealing with environment”? Why has this trend developed and have these instruments
been more useful than treaties? Explain. [2018 8(b)]

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5. What do you mean by ‘human environment ? Discuss the role of United Nations
Organization (UNO) in protecting and improving the human environment. [2017 7(a)]
6. Discuss the constitution, jurisdiction, powers and authority of National Green
Tribunal. How far has it been successful in achieving its objectives? Explain with the
help of recent cases. [2017 6(a)]
7. “The object of Public Liability Insurance Act, 1991 is to provide relief to the victims
of accidents in hazardous industries in addition to any other right to claim
compensation.” Explain with case law. [2016 8(c)]
8. Final words of Paris Agreement under the UNFCCC, 2015 was adopted unanimously
by 195 countries. According to this Agreement, Nationally Determined Contributions
(NDC) are to be reported every 5 years and are to be registered with UNFCCC
Secretariat which will be ‘progressive’ depending upon the targets set by each country
itself and therefore contributions have been made ‘non-binding’ as a matter of
International Law and there will be a ‘name and shame system’ or ‘name and
encourage plan’. After explaining essential features, comments on the effectiveness of
such an Agreement. [2016 8(c)]
9. Critically evaluate the laws/conventions/practices available for the protection and
preservation of marine environment under International law. Also discuss the rules
provided under International law for ‘transit passage’ and its causes. [2015 7(a)]
10. The Stockholm conference of 1972 on the human environment served to identify
those areas in which rules of International environment law, acceptable to
international community as a whole can be laid down, and as well as those areas in
which the formation of environmental rules must encounter insurmountable obstacles.
Discuss the principles of international environment law proclaimed in the Stockholm
Declaration. [2011 5(c)]
11. “The general principles and prescriptions of International Law are not without
applicability to problems of transnational pollution— and environmental degradation.
Thus fundamental principles of international law limits action by one State which
would cause injury in the territory of another state... There has been general
recognition of the rule that a State must not permit the use of its territory for purposes
injurious to the interest of another State...’’Explain.” [2008 7(b)]
12. The 1972 Stockholm “Declaration on Human Environment” and” Action Plan on
Human Environment” create a new relationship of rights and obligations between
developed and developing countries. Explain. [2005 7(b)]
13. Assess the contribution of the Johannesburg World Summit on Sustainable
Development (WS.S.D.-August, 2002) and New Delhi 8th Conference of the Parties
(C.O.P.-8 October, 2002) in combating climate change. [2004 7(b)]
14. Write short notes on outer space Treaty, 1967. [1996 8(a)]
1.

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1.Principle of Natural Justice—Emerging trends and judicial approach..........................1

2. Delegated legislation and its constitutionality. .............................................................. 3
3. Separation of powers and constitutional governance................................................... 4
4. Judicial review of administrative action. ........................................................................ 5
Anti Defection Law............................................................................................................. 5
5. Ombudsman: Lokayukta, Lokpal etc............................................................................... 6

1.Principle of Natural Justice—Emerging trends and judicial

approach.
1. Explain the various principles of natural justice with the help of relevant decided
cases. [2021 3(c)]
2. "Distinction between quasi-judicial and administrative functions is no longer the
exclusive criteria for deciding whether or not the rule of Natural Justice apply."
Critically examine this statement. [2020 2(b)]
3. ‘Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of
natural justice to adjust the need for speed and obligation to act fairly.” Examine the
statement with the help of decided case-law. [2019 1(c)]
4. “Natural justice is not a made to order formula which has to be fitted to all situations
with an iron-bound uniformity.” Comment. Refer to case laws. [2018 1(d)]
5. Administrative powers/actions are not always in conflict with the rule of law principle.
Discuss with illustration [2018]
6. Explain the significance of the rule of ‘AUDI ALTERAM PARTEM’ in administrative
decision making and state the circumstances under which post decisional hearing can
effectively satisfy the mandate of natural justice. [2017 2(c)]
7. “The ‘Rule of Law' is based on the principle of legality and is opposed to exercise of
arbitrary powers.” Discuss. Explain whether failure to give reasons amounts to
exercising power arbitrarily. [2016 4(a)]
8. The rule against bias strikes at such factors which may improperly influence in
arriving at a decision. Comment. [2016 1(c)]
9. Write critical notes on "Modern progressive approach of the principles of natural
justice". [2012 4(c)]
10. "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. [2009 1(b)]
11. "The concept of natural justice is elastic and is not susceptible to precise definition."
Do you agree with this statement? Explain the concept of natural justice with the help
of case-law. [2006 1(d)]
12. "Bias vitiates all judicial and quasi-judicial proceedings." Comment on this statement
and give two examples to illustrate the principle. [2005 4(a)]
13. Illustrate the doctrine of ‘nemo judex in causa sua' (no one should be a judge in his
own cause) as an effective rule of natural justice. [2002 4(b)]

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14. Except in cases where the requirement has been dispensed with expressly or by
necessary implication an administrative authority exercising judicial or quasi-judicial
functions is required to record the reasons for its decisions.nExamine and discuss
whether administrative authority must record reasons for its decision when
performing administrative function. [2001 2(b)]
15. Justice should not only be done, but should manifestly and undoubtedly be seen to be
done. [1999 1(c)]
16. "A quasi-judicial authority, cannot make any decision adverse to any party without
giving him an effective opportunity of meeting any relevant allegations against him."
Examine. [1995 1(b)]
17. "Distinction between quasi-judicial and administrative function is no longer the
exclusive criterion for deciding whether or not the j rules of natural justice apply".
Critically examine the above statement. [1994 1(a)]
18. Are the principles of natural justice embodied in the rules of the constitution of India
having the characteristics of due process of law' and possessing the importance of
Fundamental Rights? Discuss how the Supreme Court has answered this question and
how it has in Tulsi Ram Patel case defined the nature and scope of natural justice.
[1991 3(a)]
19. Is the principle of natural justice an essential pre-condition for all legal and
administrative action? Explain the position of this principle as it has emerged under
the constitution. [1990 1(b)]
20. 'An employer cannot ignore the rules of natural justice to terminate the service of an
employee by invoking a contractual term contained in the rules or in an agreement of
service and by giving notice or salary in lieu thereof. Discuss. [1988 1(d]
21. The dividing line between an administrative power and a quasi-judicial power is quite
thin and is being gradually obliterated. If the purpose of the rules of natural justice is
to prevent miscarriage of justice, on fails to see why those rules should be made in
applicable to administrative inquiries. Discuss. [1987 1(d)]
22. A female student residing in the women's hostel of the varsity lodged a complaint
against a male student stating that he teased her and attempted to assault her in
presence of some other female students at the gate of the hostel. The enquiry officer
after hearing the parties and the witnesses found him guilty. He questions the validity
of the finding on the ground that the complainant and the witnesses were examined in
his absence and that he was not allowed to cross-examine them? Decide. [1987 4(b)]
23. A Public Corporation advertised for the post of a Managing Director. One of the
applicants was a brother of X, a member of the Selection Committee. Though X sat on
the Committee to decide about the merits of other applicants, when his brother's
application came up for consideration, X withdrew from the Committee. The
Committee selected X's brother for the post. The selection is challenged by another
applicant. Decide. [1985 4(b)]
24. What are the essentials of natural justice to be in the administrative process? [1982
1(d)]
25. "The old distinction between a judicial act and administrative act has withered away
and an administrative order which involves civil consequences must be made
consistently with the rules of natural justice." Comment and explain when previous
hearing is required and when it may be dispensed with. [1981 (4)]

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2. Delegated legislation and its constitutionality.

1. 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 [2021 1(e)]
2. What are the various modes of judicial control of delegated legislation? [2020]
3. While conferring the power of delegated legislation on the administration, the enabling
Act may specify the procedural safeguards to be followed in the exercise of the power.
What are the consequences of non-compliance with the requirements as laid down in the
Act? Discuss with the help of decided cases [2019 3(a)]
4. Discuss the constitutionality of delegated legislation. What are the limits of delegated
legislation? Explain. [2018 3(c)]
5. “The Policy and Guideline Theory’ presupposes delivery of justice by quasi-judicial
authority.” Elaborate it. [2016 4(c)]
6. “The need for administrative rule making entails delegated legislation.” Comment.
[2016 2(c)]
7. In light of the fact that the Constitution of India has no express prohibition on delegated
legislation, critically evaluate the basis for different judicial positions either prohibiting
excessive delegation or permitting delegation without Constitutional limitations. [2015
3(a)]
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. [2012 1(e)]
9. "The doctrine of excessive delegation is a judicially tailored principle.:[2010 4(c)]
10. "The legislature cannot delegate its power to make a law but it can make a law to
delegate a power to determine some fact or state of things upon which the law intents to
make its own action depend." Critically comment on the above statement and discuss
with the aid of relevant legal provisions and case laws. [2008 3(a)]
11. "Essential legislative functions cannot be delegated. Explain with the help of case-law.
Also discuss the technique and utility of legislative control of delegated legislation.
[2006 1(a)]
12. "One of the methods of control over the exercise of power of delegated legislation is
legislative overseeing of delegated legislation." Discuss, highlight the legislative control
over delegated legislation. [2003 1(d)]
13. Outline the methods of Parliamentary control over delegated legislation. [2002 4(a)]
14. "There is no abdication, surrender of legislative function so long as the legislature has
expressed its will on a particular subject matter, indicated its policy and left effectuation
of policy to subordinate agency." Discuss. [2001 1(d)]
15. "The question today is not whether there should be delegated legislation, but subject to
what safeguards it should be resorted to." Critically examine the statement. [2000 1(d)]
16. 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

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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. [1998 4(b)]
17. 'Delegation of legislative powers becomes unconstitutional when there is excessive
delegation’. Explain the statement and examine the limits of valid delegation of
legislative powers in India.
18. The effective control of delegated legislation has been through the judiciary and not
through the legislature'. Comment. [1990 4(a)]
19. Examine the scope of Judicial control over delegated legislation. [1989 1(d)]
20. State the constitutional and other limits of delegated legislation. Explain in this context
the meaning and nature of excessive delegation. What is the true significance of the
maxim 'a delegate cannot further delegate"? What is the extent of judicial contract of
delegated legislation? [1984 4(a)]
21. Examine the scope of Parliamentary control over delegated legislation. [1985 1(d)]
22. Discuss the importance of delegated legislation in the context of modern Welfare State.
[1984 1(d)]
23. Distinguish between "delegated legislation" and "conditional legislation." What are the
limitations in our country on the power of the legislatures to delegate their power to
administrative authorities? [1980 5(a)]

3. Separation of powers and constitutional governance

1. 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. [2021 4(c)]
2. Do you think the current trends in judicial activism in India are inconsistent with the
Principles of Separation of Powers, which is considered to be one of the basic features
of the Constitution? [2017 4(a)]
3. Examine the doctrine of separation of powers. Also mention the relevance of this
doctrine in India [2014]
4. “The constitution of India merely subscribes to three-fold division of gubernatorial
functions and not to the doctrine of separation of powers in its absolute rigidity.”
Comment. [2013 2(b)]
5. 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. [2012 3(b)]
6. "The Judiciary by usurping the powers of the other two organs of the Government in
certain matters has diluted the theory of separation of powers." Do you agree?
Examine critically. [2011 1(b)]
7. The doctrine of separation of powers in its classical sense, which is functional rather
than structural, cannot be applied in any modern government. Discuss. [2010 1(d)]
8. "The supremacy of constitution in Indian legal system in reality means primacy of
judiciary over other organs of Government.’ Discuss. [1991 1(c)]
9. "Examine the extent to which doctrine of separation of powers is given effect to, under
the Indian Constitution." [1983 1(a)]

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 Administrative Law
Previous year Law Optional UPSC(Topic Wise Question)

4. Judicial review of administrative action.

1. Explain the Pardoning Powers of the President. Examine how far the Judicial Review
can be exercised over such powers. [2020 2(1)(ii)]
2. Administrative powers/actions are not always in conflict with the rule of law principle.
Discuss with illustration [2018]
3. Briefly explain the grounds on which administrative actions can be subjected to
judicial review. [2017 1(e)]
4. Judicial Activism has both positive and negative impact on the Judiciary. [2016
4(c)(ii)]
5. "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. [2009 2(a)]
6. 'Judicial review is one of the basic features of the Constitution.' Do you agree with the
view? Cite relevant case laws. (2008 2(b)
7. Write short notes on The doctrine of territorial nexus. [2007 4(a)]
8. The essence of power of judicial review in the maintenance of rule of law-and
constitutional Supremacy in the state? Examine with reference to Indian
experiences.[1991 1(c)]
9. 'There is a constant conflict between administrative powers and the rule of law'. [1987
1(c)]
10. When discretionary powers are vested in the administration, examine, under what
circumstances, courts will interfere with the exercise of such discretionary powers,
citing relevant case-law. [1986 4(a)
11. Explain how judicial control over administrative actions is exercised through writs.
[1984 1(c)]
Anti Defection Law

1. Make a distinction between judicial review and judicial power. Explain the scope of
judicial review with reference to the cases arising under the Xth Schedule of the
Constitution. [2020 1(b)]
2. An independent member joins the ruling party. After a few months he disobeys the
whip and abstains from voting. He was disqualified. He challenges the constitutional
amendment providing for disqualification on the grounds that it restricts his freedom
of speech and expression, interferes with his discretion to act according to the demand
of his voters and excludes judicial review of the act of disqualification. Decide. [1993
4(c)]
3. In exercise of powers conferred on him under paragraph 6 of the Tenth schedule to the
constitution, the speaker of Lok Sabha gives his decision on questions as to
disqualification of some members on ground of defection. The aggrieved members file
a writ petition against the decision of the speaker in the Supreme Court
notwithstanding a bar to jurisdiction of all courts under paragraph 7 of the said
schedule? Decide. [1992 2(b)]

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 Administrative Law
Previous year Law Optional UPSC(Topic Wise Question)

5. Ombudsman: Lokayukta, Lokpal etc

1. Discuss the powers and functions of the Lokpal and the Lokayukta under the Lokpal
and Lokayuktas Act, 2013. How do you think the office of Lokpal is better than other
anti-corruption mechanisms? [2020 2(a)(i)]
2. The purpose of the office of the ‘Lokpal’ is not to adjudicate, but to provide regular
machinery for investigating grievances against the administration in a discrete and
informal manner.” Critically examine this statement by providing proper justification
of the office of the ‘Lokpal’ in India. [2019 1(b)]
3. Do you think the institution of Lokpal, as envisaged under the Lokpal and Lokayukta
Act, 2013, is efficacious enough to curb corruption in India? State the inadequacies in
the legislative framework, if any. [2017 4(c)]
4. The role of ‘Ombudsman’ is to correct the administrative faults which are troubling
the rights of a person in view of proliferation of trading entities. Discuss. [2016 4(b)]

5. Define and distinguish between the terms ‘Lokayukta’ and ‘Lokpal’ in the Indian
context. Also mention about its relevance. [2015 1(d)]
6. Indian ombudsman-unfulfilled dream. [2009 4(b)]

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Visit more at UPSC law optional PREVIOUS YEAR PAPER TOPIC WISE for all topics

LAW OF CRIMES

General Principles of Criminal liability

1. “In detemiing the quantum of criminal liability, the law takes into account the motive,
magnitude and character of the offender.” Examine this statement in the light of
absence of mens rea in statutory offences.
2. “No communication made in good faith is an offence by reason of any harm to the
person to whom it is made, if it is made for the benefit to that person.” Critically
examine.
3. What are the constituent elements of crime? Elaborately discuss mens rea with
relevant case law.
4. ‘Although the requirements Of mens rea is general throughout the criminal law, there
are numerous exceptions to if. Explain with illustrations.
5. Discuss the importance of mens rea in criminal law. Also explain the role of mens rea
in statutory offences with the help of relevant case law.
6. It is not at all in doubt that the proof of existence of guilty intent is an essential element
in a crime under common law.
7. “Intention and the act both must concur to constitute a crime.” Explain.
8. Examine the criminal liability of a landlord who cut off the electricity connection of his
tenant in order to put pressure on him to pay enhanced rent. (Sec. 330 illust D)
9. Discuss the importance of mens rea in criminal law. Explain also the role of mens rea
in statutory offences. Refer also to relevant case- law.
10. ‘Where the subject matter of the statute is the regulation for public welfare (for
example, sale of food and drink), it can be inferred that legislature intended that such
activity should be carried out under strict liability. The presumption is that those in
charge of such activity are made responsible for seeing that they are complied with.
Where such presumption is to be inferred, it displaces the ordinary' presumption of
Mens Rea’. [State of Gujarat Vs. Acharya D.R Pandey AIR 1971 SC 886]
11. “Crime are wrongs whose sanction is punitive and is in no way remissible by any
private person, but is remissible by the Crown alone, ifremissible at all’.
12. “The essence of the tort of nuisance is interference with the enjoyment of land”.

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13. Substantiate the statement that the presence of a guilty mind is an essential
prerequisite for liability under the Penal Code.

General Explanation

1. “The word ‘Voluntary’ as used in the Indian Penal Code is very significant and it does
not mean willingly but knowingly or intentionally.” Explain.
2. “The expression ‘good faith’ has a definite identity in the Indian Penal Code.” Discuss.
3. A corporation aggregate cannot be fastened with criminal liability.
4. “In some instances, an omission will create criminal responsibility without any positive
act.” Discuss.

Punishment

1. “The criminal justice is administered in India by punishing the wrongdoer and the
object of punishment is viewed differently by different criminologists.” Elucidate.
2. What test has the Supreme Court 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?
3. Describe the kinds of punishments to which offenders may be punished under the
provisions of Indian Penal Code, 1860.
5. “Compensation to the victims of crime in India is the vanishing point of criminal
jurisprudence.” Comment.
6. In murder cases sentence of imprisonment for life is the rule and death sentence an
exception.” Discuss.
7. “It is now a settled law in the India that death sentence can be imposed only in the
rarest of the rare cases.” Examine the above statement with the help of important
decided cases clearly identifying as to what are rarest of rare cases.
8. While Section 55 of the Indian Penal Code(lPC) empowers the appropriate Government
to commute a ‘sentence of imprisonment for life’ to fourteen years, Section 57 states
that in calculating the fractions of a sentence of imprisonment ‘imprisonment for
life’shall be reckoned as equivalent to twenty years. What is the actual duration of
sentence of imprisonment for life and how do you explain the above two seemingly
contradictory statements?
9. “Protagonists of the ‘an eye for an eye’ philosophy ‘demand for death’. The Humanists’
on the other hand press for the other extreme viz, death in no case.” Discuss.

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Joint and Constructive Liability

1. “Section 34 is incorporated in the Indian penal Code to deal with the cases where it is
very difficult to distinguish precisely the part taken by each individual in criminal act.”
While examining the rationality of this Section, support the answer with the help of
decided cases.
2. Distinguish common intention from abetment and criminal conspiracy.
3. Discuss the rules regarding joint and constructive liability in Criminal Law. Do you
find any distinction between similar intention and common intention ?
4. The offence of riot is not committed unless all the five elements are present.
5. X group, consisting of seven persons, waylaid Y group of persons. In the fighting the
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 kjlled in the fighting. A along with other persons of the X group are
prosecuted for the murder. Decide.
6. Can less than five persons be charged, tried and convicted for the offence of unlawful
assembly?
7. Examine the statement that what is lawful if one may become unlawful when done by
more than one acting in combination.
8. What is an ‘unlawful assembly’ as defined in the Indian Penal Code? When is a member
of an unlawful assembly constructively liable for the crimes committed by other
members of the unlawful assembly?
9. A, B, C, D and E broke into a house during night. A and B carried instruments useful
for housebreaking, breaking iron chests, C and D carried knives, and E a revolver. As
C was snatching a gold chain forcibly from an inmate, another inmate P pointed a gun
at him. Before Pcottld shoot, E shot him dead. All intruders escaped with the gold chain
and other ornaments. Outside the house, a neighbour N attempted to catch hold of D,
but D killed him by stabbing. What are the offences for which these five may be charged
? Is it possible to plead the right of private defence with respect to killing of P ?
10. The principle of joint action enunciated in Sec.34 of IPC is very different from the
principle of abetment of offender. Discuss.
11. “The doctrine of combination in crime is that when two or more persons unite to
accomplish a criminal object whether through physical volition of one or of all
proceeding severally or collectively, each individual whose will contributed to the wrong

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doing is in law responsible for the whole, in the same way as through performed by
himself alone.” Discuss.
12. The common object of an unlawful assembly was to cause grievous hurt to X. One of
the members of the assembly causes death of X. For what of offence, if any, would the
other members of the assembly be liable ?
13. A, B and C broke into a locked house and started ransacking it. When a domestic
servant raised alarm they threatened to kill him. He, however escape and cried for help.
A, B and C ran towards a taxi stand as they were pursued by a crowd. A, on being
caught by one of the crowd, stabbed him. Discuss the liability of B and C.
14. Differentiate between liability founded on common object and then founded on
common intention.

General Exceptions

1. Law recognizes that ‘mistake’ must be in good faith.’ In this backdrop, explain the
defence of‘mistake’ contained under General Exceptions of the Penal Code.
2. “A man is not criminally responsible for unintended and unknown consequences of his
lawful acts performed in a lawful manner, by lawful means with proper care and
caution. Elucidate.
3. What is meant by right of private defence? What are the general principles which form
the basis of right of private defence?
4. “Involuntary drunkenness a defence.” Critically examine the law relating to intoxication
as defence.
5. 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
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.
6. While driving car, suddenly became unconscious and fell back in his seat. The car
became uncontrolled, it hit and killed Y. Discuss the liability of X.
7. Q refused to marry her boy friend P, resulting into P’s depression. Mr. R, a friend of P,
suggested him to take revenge with the intention that P will come out of chock. R
provided P with a bottle of liquid believing it as acid. R 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

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fungicide. Decide the liability of P & R in this case keeping in mind that defences which
may be available to P & R.
8. ‘The Indian Penal Code gives protection to one who does an act in good faith for the
benefit of another.” Discuss.
9. “The Indian Penal Code extends protection to acts done by misfortune under certain
circumstances.” Discuss.
10. “Right of private defence is available only against offences.” Discuss.
11. ‘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 in context to the other.
Ontheday ofHoli festival both of them had a verbal exchange due to the fact that both
wanted to go to home early for festival, that led to altercation between the two, both of
them instantaneously aimed their revolvers at each other respectively. ‘C’ who was also
on duty with them intervened and pacified both of them. Both lowered their weapons
respectively. The moment ‘B’ noted that ‘A’ had lowered his revolver, he immediately
fired at ‘A’ and killed him. On being tried ‘B’ was awarded death sentence. However, on
appeal High Court acquitted ‘B’ on the plea of self-defence. The State intends to go in
for appeal in the Supreme Court against the decision of the High Court. Advise in the
light of the case law on the subject.
12. Necessity knows no law’. Comment giving illustrations.
13. Right of private defence can be exercised only against the offender.” Explafn and
discuss also the circumstances when even death can be caused of the accused in
exercise of right of private defence of property.
14. A with the intention in good faith of saving human life and property, in a great fire,
pulls down houses in order to prevent the conflagration from spreading it. A pleads
that the harm to be prevented was of such a nature and so imminent as to justify or
excuse his act. Decide, whether A has committed any offence?
15. Under what conditions may be defence of insanity be pleaded on behalf of an accused
?
16. A solider A fires on a mob by the order of his superior officer in conformity with the
commandments of law.
17. A sees B commit what appears to A to be a murder. A in good faith seizes B in order to
bring B before the proper authorities. Later on, it turns out that B was acting in self-
defence.
18. Discuss the law relating to commencement and continuance of the right of private
defence of property. When does the right of private defence of property extend to the
causing of death ?

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19. “An act which is done by one against his will is not his act.” Discuss.
20. The defence of irresistible impulse has frequently been rejected in charges of murder.
21. “Nothing is an offence which is done by a person who is bound by law to do it.” Discuss.

22. “Mere medical insanity is not a valid defence under the Indian Penal Code but legal
insanity is”. Discuss.
23. A, a pickpocket puts his hand in the pocket of B, a person who was reclining in the
park. Incidentally the person had a pistol in his pocket and as the pickpocket put his
hand in the pocket. It touched the trigger and the pistol went off killing the person. Is
‘A’ guilty of culpable homicide ? Explain when culpable homicide does not amount to
murder with the help of illustrations and decided cases.
24. 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 to be a harm to any extent ?
25. “Under the Indian Penal Code there is no right of private defence in cases in which
there is time to have recourse to the protection ofpublic authorities.” Examine.
26. A, with a known background of sleep-walking got up from sleep one night, walked to
the garage while asleep and drove away in his car in that condition for quite some
distance. He halted the car at his brother-in-law’s place, entered the room where his
brother- in-law was asleep and gave a hard blow to him thereby severely injuring him.
In a prosecution for attempt to commit murder A’s lawyer pleads non-insane
automatism, on the basis of which he seeks an acquittal. Decide.Do you think that this
case should be dealt with under sec. 84 of the Indian Penal Code?
27. Amplify the view that our penal law does not recognise insanity that affects our
emotions which prompt our actions, and the will by which our actions are performed.
28. The law relating to murder recognises the priniple that “anger is a passion to which
good and bad men are subject, and mere human frailty and infirmity ought not to be
punished equally with ferocity or other evil feeling.” Elucidate.
29. Explain how far the minority ofthe accused person may be pleaded as a ground of
defence in a criminal prosecution.
30. Killing another in excessive self-defence but without pre-meditation is not murder.
31. Under what conditions may the defence of insanity be pleaded on behalf of an accused
?
32. A entered a closed dense forest area with unlicensed gun for ‘Shikar’ (gaming) and after
going quite deep into it, fired a gun shot, feeling movement and voice as if of some
animal behind the bushes. However, a man X who was collecting firewood got hit and
killed. On murder charge against A, defence takes the plea of accident. Decide.

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33. ‘The only exception that justifies a person to participate in crimes is a reasonable fear
of instant death, not a mere threat, which may or may not be carried into execution,
but a threat that precedes action and an action which can only be averted by
associating in the crime’. Explain.
34. “It is not every kind of idle and frantic humour of a man or something unaccountable
in his actions, which will show him to be such a mad man as is to be exempted from
punishment but where a man is totally deprived of his understanding and memory and
does not know what he is doing any more than a wild beast. He will properly be
exempted from punishment of law”. Explain.
35. A attacks B with a stick. In order to defend himself, B takes out his pistol but before
he could fire a shot, A kills B by hitting his head with a heavy stone. A takes the plea
of self-defence. Will he succed? Give reasons.
36. A enters the house of B and takes away B’s imported gold wristwatch worth Rs. 5,000.
After a months B sees A with the watch at a dinner party and identifies the watch he
had, as his. B claims the watch from A, who immediately tries to run away. B pursues
him and shoots at him with a pistol. A is killed. B is charged under Section 302 IPC
for murder of A. B takes the plea of right of private defence. Is B’s contention valid?
Discuss and refer case on the subject.
37. Comment on ‘Harm caused in good faith for a person’s benefit even without his consent
is no offence”.
38. Which offence has A committed in this case
A was living with his father in a railway quarter. His sister B, and her husband G also
live with them in the same quarter. As G come to suspect that his wife, B, was carrying
on with another person he shifted to another house but B refused to accompany him.
Their relation were there fore, strained. After some days G and his three friends went
to the residence of A’s father with the intention of forcibly taking B to G’s new house.
G went into the aforesaid quarter and the three friends stood outside. While A and his
father were talking to G’s three friends asking them not to interfere in other people’s
affairs, G came out dragging B, his wife, who was refusing to go with him. She caught
hold of the door and would not move. A tug-of-war ensued between them. Both A and
his father a sked G not to force her but G was adamant whereupon. A took out a knife
from his pocket and stabbed G who died as the knife penetrated his heart.
39. W, the married sister of A, living in her father’s house was forcibly dragged out by her
husband with a view to abducting'her. W clung to the door and would not go and a
regular tug of war followed. At this A, the brother of W, took out a knife from his pocket

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and stabbed the husband once but the knife penetrated into the heart and the husband
fell down senseless, and immediately afterwards, he diedin the hospital.
A contends that he has only exercised the right of private defence of person and is
protected by Clause (5) of Section 100 of the Indian Penal Code and under restriction
of Section 99.
The prosecution maintains that the right of private defence in this case was not covered
by Clause (5) of Section 100 and that the right of private defence of person does not
extend to the voluntary causing of death to the assailant and, therefore it was exceeded.
40. Write a short judgment deciding the points.
How far is insanity a defence in a criminal case.? Discuss the law on the subject.

Conspiracy & Abetment

1. "The law making conspiracy a crime is designed to curb immoderate power

to do mischief which is gained by a combination of the means." Explain.
2. “Section 124A of the IPC dealing with sedition is ultra-vires of the Constitution insofar
as it seeks to punish merely bad feelings against the Government. It is an unreasonable
restriction on freedom of speech and expression guaranteed under Article 19( 1 )(a) and
is not saved under Article 19(2) of the Constitution by the expression “in the interest
of public order”. Comments.
3. “To constitute the offence of criminal conspiracy the must be an agreement to do, or
cause to be done, an illegal act, or an act which is not illegal by illegal means.” Critically
examine.
4. The abetment of the illegal omission of an act may amount to an offence although the
abettor may not himself be bound to do that act.” Explain and illustrate.
5. “There may be an element of abetment in a conspiracy but conspiracy is something
more than an abetment.” Discuss with illustrations.
6. “An abetment of an offence being a complete offence by itself, an attempt of abetment
of an offence is also an offence.” Examine.
7. “To constitute the offence of conspiracy there must be an agreement of two or more
persons to do an act which is illegal or which is to be done by illegal means for one
cannot conspire with oneself.” Discuss.
8. X strikes Y with a stick. Y is by this provocation excited to violent rage. Z, a bystander
intending to take advantage of Y’s rage and to cause him kill X, puts a knife into Y’s
hand for that purpose. Y kills X with that knife.
What offence is committed by Y and Z ? Explain and discuss with reasons.

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9. “Whenever an illegal omission of an act is abetted, the same may amount to an offence
although the abettor may not be bound to do that act.” Discuss.
10. “The law of criminal conspiracy insists on an agreement between two or more persons
whereas in abetment by conspiracy a mere engagement between them may be
sufficient.” Discuss.
11. The appellant along with the other three named accused were charged under Sec 120-
B criminal conspiracy read with Sec 471 and Sec 420IPC 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 advise the appellant to appeal to the Supreme Court ? Give reasons.
12. “Whereas in criminal conspiracy an agreement between two or more persons is needed,
in abetment by conspiracy an engagement between them is enough.” Examine.
13. Examine the following statements: (i) Instigation of minor to commit suicide amounts
to abetment of murder.
14. What is the distinction between ‘conspiracy’ and ‘abetment by conspiracy’? When is an
abettor liable to the same extent as the principal offender?
15. A, B and C agree to kill X. With the money given by A, B and C purchase two revolvers,
go to the residence of X, and both shoot at him. X dies. It is not known whose shot
actually killed X. For what offence may A, B and C be charged.

Offences against Human Body

1. “There is a very thin but fine and subtle distinction between culpable homicide and
murder. The difference lies merely in the different degrees of probability of death
ensuing.” Discuss the statement and refer to decide cases.
2. Discuss the different forms to outrage the modesty of a woman which have been made
punishable in the Indian Penal Code through the Criminal Law (Amendment) Act,
2013.
3. “Culpable homicide is not murder, if it is committed without premeditation, in a sudden
fight in the heat of passion”. Critically examine the statement with leading case.
4. Explain with the help of decided cases as to when Culpable Homicide under Section
299 (3) will become Murder under Section 300 (4) of Indian Penal Code.
5. A’ assaulted his wife by kicking her repeatedly on non-vital parts of her body. She fell
down and became unconscious. In order to create an appearance that she had

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committed suicide he took up the unconscious body and thinking it to be a dead body
hung it up by a rope. The post mortem examination showed that death was due to
hanging. With the help of decided cases determine the culpability of A.
6. Distinction between death caused by rash or negligent act under section 304-A and
culpable homicide not amounting to murder under section 304 of the Indian Penal
Code is fine, but if overlooked, can result in grave injustice.” Discuss.
7. “Fake police encounters are nothing but murders and police officers committing it
without any protection of law to them deserve death penalty as the cases fall into rarer
of the rarest category.” Comment.
8. “Culpable homicide is the genus and murder is species, and that all murder are
culpable homicide but not vice versa.” Discuss in the light of legal provisions and some
decided cases.
9. “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.
10. The accused (appellant) was separated from his wife. She was living with her father.
The accused was keeping their youngest child with someone else. During the noon of
a day, his wife took away the child from that someone. The accused, on hearing this,
reached his father-in-law’s place and quarrelled. Later in the evening of the same day,
the accused and his father-in-law happened to meet at a marketplace. They again,
quarrelled, grappled with each other. Both fell down. In the heat of passion thus
generated, the accused stabbed his father-in-law and he died. Discuss in the light of
legal provisions whether the accused would have any lawful defence in this case.
11. An army jawan X who was away from his home for the last two years, requested his
senior Y 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 10 days. Discuss the liability
of X.
12. ‘A’, a minor girl leaves her parents House because of ill treatment and lives with ‘B’,
her friend. Can he (B) be prosecuted for kidnapping?
13. Distinguish between culpable homicide and causing death by rash or 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
she has committed in this case?
14. The Supreme Court of India in a recent judgement pronounced, “Doctors cannot be
held criminally liable under section 304A of the IPC unless they are ‘grossly’ rash or

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negligent in performing their duties”. Is the judgement in faviour of doctors or is it

against the poor and illetrate patients in our country? Give your views with reasons.
15. Discuss, “attempt to commit suicide”, referring to the decisions of the Supreme Court
on the Constitutional validity of Section 309 of the Indian Penal Code.
16. A intentionally gives a sword cut to B sufficient in the ordinary course of nature to
cause death. B dies in consequence.
17. A without any excuse, fires a loaded pistol into a crowd of persons and kills one of
them.
18. “The question as to how is a court to determine as to whether a bodily injury
intentionally inflicted by an accused is likely to cause death or not depends on many
factors.” Discuss.
19. X, a girl of 14, is ill-treated by her father and step mother. ‘A’ the neighbour under the
belief that X was 18, takes her away from her parent’s house on her request but without
the consent of the- parents. Is he guilty of any offence? If yes analyse the nature of the
offence and cite relevant cases.
20. A promises to B, his student and induced her to cohabit with him. He has given her a
false assurance of marriage and also fraudulently gone through certain ceremonies of
marriage making B to believe that she was a lawfully wedded wife of A. Later A refused
to recognise her as his wife. What is the offence committed by A? Explain its
ingredients.
21. X.shakes his fist at Z so as to cause reasonable apprehension in the mind of Z that she
would be hit.
22. X has sexual intercourse with his wife without her consent.
23. X takes Y a girl of 13 years of age without her knowledge to Mumbai to send her to
Dubai to handover for marriage to a Sekh over there and dispatches her to Dubai for
the above purchase.
24. ‘A’ intentionally attacks ‘B’ while doing so ‘A’ does not know that ‘B! is suffering from
an enlarged appendix. The blow falls on the appendix as a result of which the appendix
bursts and ‘B’ dies. Discuss A’s liability.
25. The Accused picked up a revolver and believing it to be loaded pulled the trigger with
the criminal intention of shooting B dead. Fortunately for B, the revolver was not loaded
and he escaped unhurt. What offence, if any, has the accused committed? Is it open to
the accused to contend in his defence that when the intended offence was physically
impossible of being accomplished on the facts as they turned out to be ultimately, he
is entitled to a verdict of acquittal?

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26. The Accused succeeded in getting a decree of restritution of conjugal rights in his
favour, but his wife, who was living seperately with her parents, refused to rejoin him.
He thereupon went to his in law’s place and there he had sex with his wife without her
consent. The wife desires to have her husband criminally prosecuted for the offence of
rape and seeks your legal advice. What advice will you give her.
27. In the scheme of the penal code, “culpable homicide” is genus and “murder” its species.
All murder is culpable homicide but not vice-versa. Supreme Court in state ofA.P. vs.
Punnayya - 1977 CH. L.J.I. (S.C.). Discuss and illustrate.
28. What changes are incorporated in the law dealing with the ptfence of rape in the recent
past?
29. Examine as to whether a person who causes death of a pregnant woman is guilty of
committing one homicide or two.
30. When a man said to commit the offence of rape.
31. P, aged 17 years, the daughter of Q, develops friendship with R, a young man living in
neighbouring house. She wants to marry him. On learning this, Q takes her and
entrusts her to S, a relative living in a different part of the same city. Shortly thereafter,
P goes out of S’s houses and calls R on the telephone. R joins her and both go to a
temple and go through a ceremony of marriage. Then both go from place to place for
some days as husband and wife until the police arrest them on a complaint of
kidnapping given by Q. R is prosecuted for the offence of kidnapping with intent to
compel P to marry. Can R be held guilty of the offence?
32. “To.hold an accused guilty of murder unffer Clause (3) of Section 300 of the Indian
Peiial Code the prosecution must prove that there was an intention to inflict that
particular injury, that is to say that the injury was not accidental or unintentional or
that some other kind of injury was intended, and that particular injury was sufficient
in the ordinary course of nature to cause death.” Examine.
33. “Clause(4) of Section 300, Indian Penal Code, defining murder, cannot be applied until
it is clear that Clause 1,2 and 3 of the section each or all of them fail to suit the
circumstances. ’’Examine the above statement with the help of decided cases.
34. ‘A’ enticed a minor girl ‘M’ without the consent of her lawful guardian ‘G’ and kept her
with him for a month after which he deserted her. While ‘M’ was witering on the street
immediately thereafter, ‘B’ took her with him from whose custody ‘M’, was later
recovered by the police.
Examine the above statement with the help of decided cases.
35. Inspite of recent amendment in the law, the definition of “rape” with IPC leaves certain
loopholes making it difficult to secure convictions. Critically evaluate this statement.

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36. Assuming that the accused person had no intention to cause the death of the deceased,
but had only the intention to cause bodily injury. Explain when the accused may be
held guilty of murder, culpable homicide not amounting to murder, or only voluntarily
causing grievious hurt.
37. A and B were married in 1988. A had been deserting B all along to bring from her
parents money for him to buy a scooter and even subjecting her to cruelty. One day he
gave her a severe thrashing on this account and left the house When he returned home
two hours later, he found her dead, having consumed cyanide poison. Here reported
the death to the police as a case of suicide due to some personal ailment. The police
prosecuted him for dowry death, and in the alternative for abetment of suicide. At the
trial he did not produce any evidence of ailment from which she suffered. For what
offence can he be held guilty ?
38. Discuss A’s liablility in the case and refer to relevant statutory provisions and judge
decisions:
A hit B, a haemophiliac, on his right shoulder with a broken soda water bottle which
had very sharp edge B dies of exessive loss of blood in consequence. Evidence brought
on record to show that A had not caused the injury with the intention of causing B’s
death and that A is not know that B was suffering from haemophilia.
39. “The whole doctrine relating to provocation depends on the fact that it causes, or may
cause a sudden and temporary loss of self control whereby malice which is necessary
for the formation of intention to kill or to inflict grievous bodily harm, is negatived.”
40. X was in desperate poverty and tried to persuade his wife to go to her mother’s house.
She refused and said that if X insisted, it was better that she was killed. After asking
her 2-3 times if she did not want to leave, X cut her with a pen knife and killed her is
X liable criminally and if so, for what offence ?
41. The definition of “murder” and “culpable homicide”, have been described by Stephen,
as “the weakest part of the (Indian Penal) Code”.
Critically examine the distinction between the two offences. Point out these aspects of
the two definitions which exhibit the weakness referred to. Give examples in support
of your answer.
42. A, a snake charmer repeatedly asserts in his performance that he is immune from all
kinds of snake poision. He reveals the fangs of . One of his own snakes to the audience
and gets himself bitten by them several times. One of the spectators produces a snake
and challenges the performer to repeat his performance by being bitten by the new
snake. The snake charmer repeats the performance by being bitten by the new snake.

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As a result of the snake bite the snake charmer dies. Discuss the criminal liability of
the spectator, if any.
43. Examine the liability of the accused in the following case and point out the offence, if
any committed:
M, a girl of about 17 years of age, was in love with the accused, a widower who wanted to
marry her. M’s mother was agreeable to the accused’s proposal but her father did not
like his daughter getting married to a widower. One day when the father had gone out
on a tour for four days the accused took M away with her mother consent so that they
could get married at another place.
44. Distinguislvbetween
(a) Abduction and kidnapping;
(b) Culpable homicide and murder
45. Assuming that the accused person had no intention to cause the death of the deceased,
but had only the intention to cause bodily injury, .explain when the accused may be
held guilty of murder, culpable homicide not amounting murder, or only voluntarily
causing grievous hurt.

Offences Against Property

1. In all robbery, there is either theft or extortion. Explain.

2. Whether the conduct of depriving someone from possession of property without
causing wrongful gain or wrongful loss amount of theft? Comment.
3. Criminal breach of trust and cheating are two distinct offences generally involving
dishonest intention but mutually exclusive and different in basic concept.” Explain
with the help of decided cases.
4. 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.
5. A contractor was given cement for construction work by the Minor Irrigation
Department of a State Government under a specific agreement that he would return
unused cement but instead of doing so, he sold the cement to outsiders. Mentioning
relevant legal provision, discuss what offence, if any, is committed by the contractor.
6. X finds a valuable ring on the street and immediately sells the same for using the
money to buy a computer.

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7. “A partner has undefined ownership along with another partners over all the assets of
partnership and if he chooses to use any of them for his own purposes, he cannot be
held guilty of Criminal Misappropriation of Property. Examine.
8. What is meant by ‘stolen property’? When is receiving stolen property an offence?
9. A hang his umbrella at dub coonter at 5 p.m. on 29-7-87 but it was not there when he
wanted to be back home at 9 p.m. He was upset by this loss and decided that he would
take away the umbrella of some one else next day. When he was leaving the club next
night, he saw an umbrella on the hanger and took it away. In fact, the man at the
counter had kept A’s umbrella under the counter on 29-7-8,7 while leaving for home,
considering that some member had forgotten to collect back and he had put it up on
the hanger next evening. Is A liable for attempt to commit theft in this case?
10. A gives a piece of cloth to B, a tailor for making a suit for him. On demand B refuses
to handover the stitched suit unless A paid the stitching charges. A looks for the
opportunity and takes away his suit without the knowledge of B.Examine Criminal
Liability of‘A’.
11. In execution proceedings on a money decree against X, court ordered attachment of
moveable property of X. X and A were living in one house. One buffalo of A was standing
in common compound of the house. Bailiff under a mistaken belief attached this
buffalo. While Subedar was taking the buffalo away, A struck the animal with a stick
and took it away to his fields. Discuss the liability of‘A’.
12. Define the offence of “theft”.
13. Distinguish theft from “robbery” and “extortion”.
14. When may a man be said to commit theft of his own property ?
15. State precisely the ingredients of the theft. [1978 10(c)(ii)]
16. Raman puts jewels in the handbag of Raman, his erstwhile girl friend whojilted him,
with the intention that they may be found in that bag and that this circumstances may
cause her to be prosecuted for theft. What offence, if any has been committed by
Raman.
17. A cuts down a tree on B’s ground with the intention of dishonestly taking the tree out
of B’s possession without B’s consent.

Extortion, Robbery & Dacoity

1. In all robbery there is either theft or extortion.” Explain. A holds Z down, and
fraudulently takes Z’s money and jewels from Z’s person without Z’s consent and for
this purpose he causes a wrongful restraint to Z. Discuss A’s liability.

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2. What is meant by ‘extortion’ ? Explain its ingredients and distinguish between ‘theft’
and ‘extortion’.
3. An assistant sub-inspector A and a head constable B barged into the house of C, a
businessman where he (C) was playing cards along with his six friends. A and B
directed the card players to take out their wallets, threatening to take them to the
police station. Apprehending registration of a case under the Gambling Act, all of them
parted with Rs. 10,500/- in all. What offence have A and B committed ?
4. A boatman gets hold of gold ornaments from the body of a person who had drowned.
A police constable takes away the same after slapping the boatman. The constable does
not enter the same in the records and dishonestly keeps them with himself. Discuss
the criminal liability of the constable.
5. A, in association with B, relieved C of his watch in a running train, and when A and B
tried to get down from the train C raised an alarm whereupon B slapped him. Discuss
the liability of A and B.
6. Avinash boarded train at Chakarpur. Ram, Kulwant and Rahim got into this train at
Zikarpur. When passengers started getting down at Tanakpur, Avinash was forceibly
relieved of his watch by Ram. When he raised alarm against this loss, Kulwant gave
him a slap and Rahim a stick blow and then hurried away following Ram. For what
offence(s) they are liable ? Give reasons in support of your reply.
7. What do you understand by Extortion? When does it amount to dacoity?
Cheating

1. A cheque issued by X on his Bank having knowledge about insufficient funds in his
account.
2. P, a girl was married to S and a dowry of more than Rs. 60,000/- in form of ornaments,
clothes, etc. were given by P’s father at the time of their marriage. The possession of
the entire dowry was taken by S, his father and brothers. Subsequently P was turned
out by S, his parents and brother without returning her ornaments and clothes etc.
Repeated demands were made and ultimately they refused to return. P filed a complaint
that S and his parents were wilfully detaining the entire articles including ornaments
and clothes, which were given to them by P’s father at the time of her marriage, were
dishonestly using and converting the articles to their own use and were still in
possession of those articles which belonged to her exclusively. In defence, it was argued
that the accused had become co-owners of the entire property, hence they are not liable
to return. Decide.

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Trespass

1. “The facts must support the implication from occupier’s conduct that he has permitted
entry, not merely tolerated it, for knowledge is not tantamount to consent.” Discuss
with reference to the liability of the occupier towards a licence. Is it in any way different
towards a trespasser? Explain.
2. Under a deed containing complicated provisions, a person gifted his house to a
charitable trust, but retained a right to live in that house for his lifetime. He invited a
friend of his to live with him in the house. The person died, and the friend continued
to live in the house. When the trust demanded the friend to vacate the house, he replied
that the deceased had given to him a right to live in the house for the rest of his life.
The trust instituted a criminal complaint against the friend of the deceased for house
trespass. Will the trust succeed?

Defamation

1. X sends an e-mail to Y containing defamatory matters against him. The e-mail is

received by Y who deletes is after reading. Is X liable for publication? Refer to relevant
case law.
2. X told Z that Y is suffering from AIDS though the statement is not true. How do you
distinguish the following? What reason can be attributed for the difference?
3. Y alleges that X, a Government servant, sought a bribe from him. Y writes to X’s
superior complaining against X. He follows it up by sending copies of the complaint to
some Members of Parliament and representatives of the press. X, denies the truth of
the allegation. Can X sue Y for defamation and on what grounds ?

Preparation & Attempt

1. “In order to constitute criminal attempt, the act, caused must be proximate to the
intended result.” Explain the observation with the help of decided case law.
2. Discuss various stages of crime. How is the stage of attempt punishable under the
Indian Penal Code?
3. “Offence does not happen all of a sudden, it passes through some stages.” Discuss and
distinguish between preparation to commit offence and an attempt to commit an
offence.

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4. How do you differentiate preparation from an attempt at commission of a crime? ‘To be

guilty of an attempt it is not necessary that the circumstances should be such as would
facilitate the completion of the crime.’ Comment what is the punishment prescribed for
a criminal attempt?
5. ‘An attempt to define attempt has to be a frustrating exercise’. “Discuss”
6. What are the four stages of crime? Distinguish Attempt from preparation.
7. (a) Define “attempt” to commit an offence.
(b) Roy drew a loaded revolver completely from his pocket, but his arm was seized
by Paul before he could take any aim at Paul. While they were struggling, Roy
said several time to Pau, “You’ve got to die”.
(i) Can Roy be convicted for attempted murder?
(ii) Would it make any difference if the revolve was not loaded?

Prevention of Corruption Act, 1988

1. “The Prevention of Corruption Act, 1988 prevents the public servants from misuse and
abuse of their official capacity.” Comments.
2. Explain the various circumstances under which a ‘public servant’ is said to commit the
offence of “Criminal misconduct” under ‘The Prevention of Corruption Act, 1988.’
3. “Prevention of Corruption Act, 1988 is an important legislation to safeguard democracy
in India.” Discuss.
4. Define and discuss the ingredients of “corruption” as given under the provisions of the
Prevention of Corruption Act, 1988.
5. When is a public servant said to have committed an offence of criminal misconduct as
defined in the Prevention of Corruption Act, 1988? Discuss referring to some decided
cases.
6. ‘Prevention of Corruption Act, 1988 has many lacunae leading to undersirable
consequences, which call for immediate requisite amendment to the Act.’ — Critically
examine the above statement and suggest reasons for such amendment, if any.
7. “Whether a public servant is guilty of criminal misconduct under the Prevention of
Corruption Act, 1988 or not is not an easy question for the courts to determine.”
Discuss.

Protection of Civil Rights Act, 1955 and

Subsequent Legislative Developments

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1. “The object of the Protection of Civil Rights Act, 1955 is to abolish untouchability.”
Discuss.
2. “The enforcement of any disability arising out of ‘Untouchability’ shall be an offence
punishable in accordance with law.” Comment in the light of protection of Civil Rights.

3. “The enforcement of any disability arising out of untouchability is to be an offence

punishable in accordance with law.” Comment upon this statement and discuss in this
context the scope of protection of Civil Rights Act, 1955.
4. What are the ‘Civil Rights’ as defined by the Protection of Civil Rights Act, 1955?
Enumerate the offences prescribed under the Act.
5. Critically examine the provisions of ‘The Protection of Civil Rights Act, 1955’ and
highlight the deficiencies, if any, in the said law.
6. What are the changes that were brought to the Untouchability Act of 1955?
7. What do you mean by untouchability in the context of Protection of Civil Rights Act.
1955? Discuss, highlighting the salient features of the Act.
8. Discuss in detail the various provisions under section 7 of the Protection of Civil Rights
Act, 1955 with respect to punishment for other offences arising out of untouchability.
9. Explain the concepts of‘civil rights’ and ‘place of public worship’ under the Protection
of Civil Rights Act, 1955.
10. A hotel refuses to serve food to certain classes of persons unless they sit in a separate
place earmarked for then.

Plea Bargaining

1. Critically examine the Code of Criminal Procedure (Amendment) Act, 2005 especially
with reference to plea bargaining.
2. “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.
3. Crirically examine the concept of ‘plea bargaining and evaluate its scope in India.

Miscellaneous

1. 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 the
accused with the offence of wrongful restraint in that he was prevented by the lock

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from entering into the shop. Discuss in the light of legal provisions whether the accused
has committed the offence of wrongful restraint.
2. “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 Law Commission of India about reforms On this provision.
3. “It would be wrong to perceive nudity and sex as essentially obscene, indecent or
immoral. Sex and obscenity are not always synonymous.” In the light of above
statement elaborate the position of obscenity as an offence in India.
4. Discuss the law relating to criminal intimidation Refer to case law. In what way is
extortion different from criminal intimidation?
5. Do you find it is necessary to convict the accused both under Section 304-B and
Section 498-A of Penal Code? Refer to recent cases.
6. 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 money in it. A
picks up the purse with the intention of returning it to Z, but afterwards appropriates
if for his own use. Has a committed any offence? Discuss.
7. When an offence of ‘adultery’ is said to be committed? Whether a wife may be punished
for the offence of adultery as an abettor ? Distinguish between the offences of ‘rape’
and ‘adultery’.
8. “The constitutional validity of Section 124A of Indian Penal Code was questioned in
Kedar Nath Singh on the ground of the provision of the section being in violation of
freedom of speech and expression.” Briefly discuss the contentions and give reasons
for or against the decision in the said case.
9. Distinguish between criminal breach of trust and criminal misappropriation of
property.
10. A finds a ring on the highway not in the possession of any one person. A picks it up.
11. X husband of W, cohabits with Z.
12. X burns a share certificate of Z due to which she suffered mental agony in addition to
financial loss.
13. A and B are hindus and are married under the HMA, 1955. During the subsistence of
their marriage A, the husband, embraces Islam and goes through a second marriage
ceremony with C, his girlfriend. On the complaint of B, wife of the first marriage. A is
prosecuted for the offence of bigamy u/s 494 of the IPC. Decide, citing relevant case
law.
14. A takes B by the collar and pushes him down the hill..

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

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Visit more at UPSC law optional PREVIOUS YEAR PAPER TOPIC WISE for all topics

LAW OF CONTRACTS

PROPOSAL OR OFFER

1. Under the Indian Contract Act, 1872, when is a contract deemed to be entered into by
the parties? Discuss. [2017 8(a)]
2. “An offer is to an acceptance what a lighted match-stick is to a train of gunpowder. It
produces something which cannot be recalled or undone”-Anson. Explain. -
[2016 5(a)]
3. 'An invitation to treat is not an offer' Explain. [2009 5(a)]
4. Distinguish between the following, citing relevant provisions/case laws. Limit your
answers to about 200 words each.
(a) 'Specific offer' and General offer'. [2009 8(b)]
5. Distinguish an offer from a quotation or an invitation to an offer with the help of
illustrations. [2006 5(b)]
6. "The test of contractual intention is objective, not subjective." Discuss. , [2001 5(a)]
7. Explain an 'offer' and a 'quotation' and differentiate between the two. [1994 5(b)]
8. "Though offer and acceptance bring the parties together and constitute the outward
semblance of contract, yet most systems of law require some further evidence of the
intention of the parties and in default of such evidence refuse to recognize obligation."
[1994 6(a)]
9. 'An offer cannot be accepted after it has been terminated or negatived. 'Explain' when
an offer ceases to be capable of acceptance. [1992 1(a)]

ACCEPTANCE AND REVOCATION OF PROPOSAL AND ACCEPTANCE

1. “Revocation of proposal is death of the proposal.” Explain the statement and mention
the manners of revocation. [2017 6(b)[
2. What are the difficulties that arise in the application of the rule that "acceptance" must
be absolute, and must correspond with the terms of the offer? [1993 1(a)]
3. A, a firm at Calcutta, offers B a firm at Delhi, to sell a commodity at a particular price.
B posts a letter unconditionally accepting the offer. But as the market conditions of
that commodity are unsteady, later in the day. B sends a Telex message asking A to
treat the letter as null and void and stating that B would buy at a stated lower price. A
few hours later, B again sends a Telex message intimating final louver price.

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A few fours later, B again sends a Telex message intimating final acceptance of the
offer. B demands performance of the contract and A contends that there is no contract
at all. Decide. [1989 6(b)]
4. "……….as an ordinary rule of law, an acceptance of an offer made ought to be notified
to the person who made the offer....". Discuss this rule and exceptions thereto if any.
Refer to decided cases. [1985 2(a)]
5. A offered certain amount for a property belonging to B. In accepting the offer B enclosed
with the letter of acceptance a contract for the signature of A. This document contained
various terms, as the payment of deposit, date of completion and requirement of title
which had never been suggested in the offer, Decide. Refer to case law. [1985 2(b)]

MINORITY

1. Explain the law relating to minor’s agreements. [2015 7(c)]

2. The defendant an infant entered in to a contract by which he agreed to join the plaintiff,
a famous billiard player in a world tour as 'professional billiardist.' the plaintiff incurred
certain necessary expenses as a result of preparation for the tour, but before the tour
began, the defendant repudiated the contract. Decide, if the plaintiff will succeed in
claiming, damages. [1986 2(c)]

CONSIDERATION

1. “Privity of contract is no longer a rule but only an exception.” Explain in the context of
modern transactions. [2013 5(b)]
2. "A contract can not be enforced by a person who is not a party to it though it is made
for his benefit. He is a stranger to the contract and can claim no rights under it."
Examine the above statement in the light ofjudicial pronouncement stating the
exceptions thereto. [2007 5(b)]
3. "Insufficiency of consideration is immaterial but an agreement without consideration
is void." Comment. [2006 5(a)]
4. Discuss in detail the principle of promissory estoppel and its application in respect of
contractual obligations. Explain the position of this principle as against the
government and its agencies. [2003 6(a)]
5. "An act done at the promisor's desire furnishes a good consideration for his promise
even though it is of no significance or personal benefit to him." Discuss. [2001 5(b)]
6. What are the exceptions to the principle that the contractual benefits or obligations are
confined to the parties to the contract? [2000 6(a)]

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7. "The general rule undoubtedly is that not tljjrd person can sue or be sued on contract
to which he is not a party; but at bottom that is only a rule of procedure. It goes to the
form of remedy, not to the underlying right." Critically comment on the principle of
privity of contract in the light of the above statement and state whether you agree with
this statement. [1999 5(a)]
8. Consideration need not be adequate, but it must be real or valuable.' Explain. [1990
5(a)]
9. That there is no consideration if all that the plaintiff does is to perform , or to promise
the performance of an obligation already imposed upon him by a previous contract
between him and the defendant. Discuss the above rule, its exceptions and recent
application. [1989 2(a)]
10. "The definition of consideration as the price paid by the plaintiff, for the defendant's
promise is preferable to the nineteenth century terminology of benefit and determent."
(Anson.) Discuss. [1985 1(a)]
11. A was engaged to command B's ship and to conduct certain explorations. A threw up
his command in the course of the expedition, but helped to work the vessel home,
though without the knowledge of the defendant. He then claimed to be remunerated
for the service thus rendered. Decide. Refer to case law. [1985 2(c)]

FREE CONSENT

1. “There can be a mistake of identity only when a person bearing a particular identity
exists within the knowledge of the plaintiff, and the plaintiff intends to deal with him
only. If the name assumed by the swindler is factious, there will be no mistake of
identity. “Examine the statement with leading case. [2016 6(c)]
2. X and Co. in its prospectus represented that A, B and C would be the directors of the
company. This was true and on the basis of this P and Q applied for shares. However,
before the allotment took place, there were changes in directors. Is the allotment of P
and Q subject to their choice or it stands cancelled due to change in directors? Discuss.
[2014 6(a)]
3. “It has been a common statement of the law that while relief is available for certain
kinds of mutual mistake, it is unavailable for unilateral mistake unless the other party
knew or had reason to know of the mistake.” Critically examine the statement with
leading case law. [2013 6(a)]
4. "Undue influence is said to be a subtle species of fraud whereby mastery is obtained
over the mind of the victim by insidious approaches and seductive artifices." Explain.
[2012 5(a)]

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5. A television was displayed on a Web site owned by XYZ Distributors for sale at a price
of Rs. 79.99. Hundreds of customers ordered the television but the retailer refused to
fill the orders on the ground that they had been incorrectly priced by mistake. The
correct price was Rs.7,999. Explain the liability, if any, arising out of the above-
mentioned communications. Give reasons. . [2012 8(b)]
6. "For giving rise to a valid contract, there must be consensus ad- idem among the
contracting parties." Explain this statement. [2008 5(a)]
7. Explain the meaning of'free consent' as an essential element of a valid contract and
enumerate the factors vitiating 'free-consent'. [2007 5(c)]
8. Law relating to coercion and undue influence has a feature in each which is uncommon
to the legal system as a whole. Explain with illustrations. [2002 5(a)]
9. Examine the obligation under the Indian Contract Act of a person to whom money has
been paid by mistake. In this connection is there a distinction required to be drawn
between a mistake of fact & mistake of law? [1999 6(b)(1)]
10. One of the requirements for formation of a valid contract is free consent, why then, in
some cases of absence of free consent, does it make the contract voidable, not a void
agreement? [1998 7(a)]
11. Explain the effect of mistake of fact on agreements with illustrations and decided cases.
[1995 7(a)]
12. Outline the nature of undue influence in the law of contract. [1993 1(b)]
13. A takes on hire a fishing trawler from B for the purpose of deep sea fishing. The trawler
was imported by B and was never used by him. Under the contract A was to get the
necessary repairs done in the trawler to make it sea-worthy, for which 8 would pay.
After it was certified seaworthy, A was to pay monthly rent, while the repairing was
being done, A discovered that the refrigeration equipment of the trawler was not
capable of bringing down the the temperature to such a low level as is necessary to use
the trawler for deep sea fishing. A sues for declaration that the contract is void and for
recovery of the expenses incurred on repairs. There is no evidence that during the
negotiation for contract there was any discussion about the quality of the refrigeration
of the trawler, but the purpose of chartering of trawler was known to B. How will you
decide? [1990 6(b)]
14. 'The right to rescind a contract is a more drastic remedy than the right to damages and
therefore some restrictions are placed on it.' What are they? when may rescission be
refused ? [1990 5(d)]
15. P, Q and R are sisters, and their parents died soon after the eldest of them, P got
married to S. S started managing the properties left by the parents to the three sisters.
At the instance of S, the three sisters jointly executed a promissory note for a sum of
Rs. 30,000 in favour of S. The sum was stated to be the amount which S himself spent
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for managing properties. Q and R discovered that S did not spend more than Rs. 3,000.
They have sued for recission of the promissory note. Give your decision. [1989 6(b)]

VOID/V(RIDABLE & ILLEGALITY OF

OBJECT AND CONSIDERATION

1. “Minority can only be claimed as a shield but not as a sword.” Explain the statement
and mention the situations when a minor is liable under the law of contract. [2017
5(a)]
2. “Every agreement by which any party thereto is restricted absolutely from enforcing
his rights under or in respect of any contract, by the usual legal proceedings in the
ordinary Tribunals, Or which limits the time within which he may thus enforce his
right is void to that extent.” Explain the exceptions, if any, of this principle. [2015
5(c)]
3. "All illegal agreements are void but all void agreements are not illegal". Discuss. [2007
5(a)]
4. "Jurisdiction of a court to decide dispute arising out of contractual relations cannot be
ousted by an agreement between the parties.' Discuss. [2003 5(a)]
5. There is a very limited application of law relating to agreement in restraint of trade in
India.' Critically examine the statement and suggest the area of limitations. [2002
5(c)]
6. "Public policy was a very unruly horse and when once you get astride it you never know
where it will carry you." (Burrough,J.) Examine relevancy of this statement under the
Indian Law. [2000 5(b)]
7. How do you distinguish void agreement and void contract? Does void contract have
similar legal implications to viodable contract? [1998 5(b)]
8. "Under the law of contract the intention of the parties must be manifested clearly so
that their obligations may be demarcated with certainty."Examine. [1997 5(a)]
9. X, a company which manufactures a certain type of goods, has 4 units of new and
sophisticated machinery to manufacture the goods. Such units are not easily available
in the market. Y, another company which is just formed and is expected to go into
production two years hence enters into a contract with X to buy 2 of those units. Later
Y company gets merged in Z company. Z is a serious competitor with X in the
manufacture and sale of the particular type qf goods. Z can immediately start
production using the new units. X refuses to sell the units to Z. Can Z sue for specific
performance of the contract. [1992 3(b)]
10. Explain the principle of non est factum, and comment on its rationality when applied
in reference to a document executed by a well-educated person. [1991 5(a)]

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11. 'All contracts in restraint of trade are prima facie void, but are valid if they are
reasonable.' Explain how the reasonableness of restraints can be tested. [1989 6(a)]
12. Wager is a promise to give money's worth upon the detennination or ascertainment of
an uncertain event and it may relate to past, present and or future event." [1988
2(a)]
13. The plaintiff company, as valuer's and surveyors, employed defendant as the Branch
Manager of its Culcutta office. The agreement by its Clause 10 provided that the
defendant would not be permitted to join any firm of competitors of the plaintiff or to
run a business of zhis own in similar line directly or indirectly, for a period of 2 years
at the place of his last posting after he left service of the plaintiff company. The
company terminated his services and he started thereafter a similar service. The
plaintiff claims damages for breach of the said negative covenant by the defendant and
an injunction restraining him in terms of Clause 10 before the expiry of two years.
Decide. [1987 2(c)]

PERFORMANCE

1. A owed B Rs. 1,000 but the debt is barred by the Limitation Act, 1963. Subsequently
A signs a written promise to pay Rs. 1,000 on account of the previous debt. Decide the
validity of this agreement.
A, a singer, contracts with B, the manager of a restaurant, to sing at his restaurant for two
nights every week during next two months; and B engages to pay to her 5,000/- rupees
for each night’s performance. On the sixth night, A wilfully absents herself from the
restaurant and B, in consequence, rescinds the contract. Decide. [2015 5(a)]
2. 'A contract is a contract from the time it is made and not from the time its performance
is due. 'Explain'. [1994 5(a)]
3. 'In a bilateral contract, where both parties have obligation to perform, questions may
arise as to who is to perform list.' How are such question, answered? [1990 5(c)]
4. When a contract stipulated that a contract shall be performed by a particular date, and
is not performed by the date, what are the rights of the promisee if
(a) time is of the essence of the contract and
(b) time is not of the essence of the contract? [1989 5(c)]

FRUSTRATION

1. What is meant by the doctrine of "supervening impossibility"? Under what

circumstances the "supervening impossibility" may arise? [2007 5(d)]

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2. Is a party rightfully rescinding the contract entitled to compensation? Explain with the
help of examples. [2006 5(c)]
3. What are the circumstances under which a party to a contract can plead impossibility
as an excuse from performing his contractual obligation? [2006 7(a)]
4. "In India the impossibility of performance covers both the agreement to do impossible
act as well as the contract to do act afterward becoming impossible or unlawful".
Examine. [1997 6(a)]
5. The plaintiff municipality of a town, sold to the defendant by contract the right to collect
dung in the municipal area for one year. No dung was however, left to be collected by
the defendant as the same was removed by the pig owners themselves in their own
right. [1994 6(b)]
6. Explain the doctrine of 'frustration' of contracts. Examine the statement: Cases of
frustration of contracts are not simply cases of initial or supervening physical or legal
impossibility of performance of contracts. [1991 6(a)]
7. X agreed with Y to supply twenty transformers which were to be imported from a foreign
country at a price stated to be firm and not subject to escalation. X imported ten
transformers and thereafter stopped importing as the prices had gone up three fold
due to conditions of war. Y sued X for specific performance of the contract limiting the
claim to the ten transformers available with X, and claimed damages with respect to
the remaining ten. X has taken the position that whole contract has become frustrated
and so the suit is not maintainable. Does Y succeed?[1991 6(b)]
8. The defendant placed an order with the plaintiffs for supply of underwear of certain
kind, making it clear that they intended to sell them in 'England'. British government
prohibited the import of such goods. He pleads frustration of the contract in reply to
plaintiffs suit for damages. Decide. [1988 2(b)]
9. Doctrine of frustration directly affects the performance of a contract. Discuss. [1986
1(a)]

QUASI CONTRACT

1. "Quasi-contract consists of the contractual obligation which is entered upon not

because the parties have consented to it, but because law does not allow a person to
have unjustified benefit at the cost of other party." Explain the real basis of quasi-
contracts with legal provisions and illustrations. [2012 5(b)]
2. 'A quantum meruit, although a quasi contract, arises out of a contract'. Comment.
[2009 5(d)]
3. "Law as well as justice should try to prevent unjust enrichment. Critically examine this
statement in relation to quasi-contracts." [2008 5(b)]

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4. A minor is liable to pay out of his property for necessaries supplied to him. Discuss
with the help of decided cases. [2000 5(a)]
5. A transport company refuses to deliver certain goods to the consignee except upon the
payment of illegal charge of carriage. The consignee pays the sum charged in order to
obtain the goods. Discuss the rights of the consignee as against the transport company.
[2000 5(c)]
6. "A quasi-contract arises out of judicial principles and not out of a contractual
agreement between two persons." Examine. [1996 6(a)]
7. After competitive examination, X was selected for the Indian Administrative Service
and the government of India sent him to the National Academy for training at its cost.
After completion of the training he failed tojoin the service. Union of India filed a suit
against X for recovery of the cost training. The suit is resisted on the ground that there
was no written agreement between the parties and also on the ground of government's
non-compliance with the. provisions of Art. 299(1) of the Constitution of India. Decide.
[1988 2(c)]
8. The Union of India supplied steel of the plaintiff company for the manufacture of gas
plant at Issapur. Since all the steel was not exhausted, the Steel Controller directed
the company to deliver it to a named association at Ahmednager. For lack of transport
facilities, another direction was issued to deliver the same to G. Brothers at Issapur
itself, the Controller undertaking to pay the price. The company complied with this
direction. Since neither G Brothers nor the Union of India paid the price of the returned
steel , the company claimed the price from the Union of India. The latter resisted the
suit on the ground that neither the constitutional requirement as to formal contracts
with it had been adhered to, nor had it received any benefit from it. Decide. [1987 2(b)]

STANDARD FORM CONTRACT

1. “The individual deserves to be protected against the possibility of exploitation inherent

in ‘Standard Form of Contract.” Explain. [2015 7(b)]
2. If a contract is broken, the law will endeavour so far as money can do it, to place the
injured party in the same position as if the contract had been performed. Explain the
above statement and discuss the principle court follows for assessment of damages.
[2014 5(a)]
3. "Standard form contract exists in complete disregard to the established principles of
freedom of contract and equality of bargaining power of the parties" Elucidate. [2011
5(a)]

REMEDIES & DAMAGES

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1. “Section 74 of the Indian Contract Act, 1872 has cut down the most troublesome knot
of common law doctrine of awarding damages. “Discuss the statement. [2017 7(a)]
2. “The object of awarding damages for a breach of contract is to put the injured party in
the same position, so far as money can do it, as if he had not been injured.” In the light
of the above statement, explain the various kinds of damages that the court can award.
Also explain the rules relating to assessment of damages. [2016 8(a)]
3. “Every contract contains a ‘core’ or ‘fundamental obligation’ which must be performed.
If one party fails to perform this fundamental obligation, he will be guilty of a breach
of contract whether or not any exempting clause has been inserted which purports to
protect him.” Critically examine the statement with case law. [2016 5(b)]
4. On breach of contract only such loss can be recovered as was in the contemplation of
both the parties at the time of entering into the contract. Discuss. [2010 5(a)]
5. With the help of decided cases discuss in detail the market rate theory Of assessment
of damages in cases of breach of contract. [1995 6(a)]
6. The plaintiff booked a hotel for his son's wedding reception in which two hundred
guests were invited. The contract included provision for a dinner in a big hall by the
hotel management who would also provide a band to play music. The hotel
management cancelled the contract just a day before the wedding. As a result the
plaintiff was forced to organize only a simple function at a small place with a simple
dinner. The plaintiff sues the hotel management and claims general damages for
inconvenience and mental torture and special damages for cancellation of the band
music and telephone expenses to inform the guests about the change of venue. Decide.
[1995 6(b)]
7. If there has been a substantial though not exact and literal performance by the
promisor, the promisee connot treat himself as discharged. Explain what is the remedy
is such a case regarding the deficiency in performance? [1992 1(b)]
8. Examine the value of stipulations contained in a contract which specify the damages
or penalties to be paid by the party in breach to the other party. [1991 5(b)]
9. "In estimating the loss or damage arising from a breach of contract the means which
existed of remedying the inconvenience caused by the non-performance of the contract
must be taken into account". [1988 1(a)]
10. Every contract contains a 'core' or fundamental obligation which must be performed,
if one party fails to perform this fundamental obligation, he will be guilty of a breach
of contract whether Or not any exempting clauses has been inserted which purports
to protect him. [1987 1(a)]

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Visit more at UPSC law optional PREVIOUS YEAR PAPER TOPIC WISE for all topics

LAW OF TORTS

NATURE & DEFINITION

1. “Law of torts is said to be a development of the maxim ‘Ubi jus ibi remedium’.” Discuss
the statement.
2. “A tort is a specie of civil wrong.” Examine this definition and add other features to
make it comprehensive.
3. “Tort is concerned with the allocation an prevention of losses which are bound the
occur in society.” Discuss..
4. “Before a person can recover for loss which he suffered from another person’s act, it
must be shown that his case falls within the class of actionable wrongs.” Duscuss.
5. Distinguish between tortious liability and criminal liability.
6. "In tort the plaintiff wins his case only when he proves as to what particular tort the
defendant has committed against him." Examine.
7. Which one of the following two expressions is correct and why? 'Law of Torts' or 'Law
of Tort'.
8. "All torts are civil injuries but all civil injuries are not torts." Explain the above
statement.
9. Distinguish between tortious liability and contractual liability.
10. “Whenever there in a breach of duty there is a cause of action in tort.” Discuss.
11. Duties in tort exist by virtue of the law itself, and are not dependent upon the consent
of the persons subjected to him". Examine.
12. "Law of tort is based upon a fundamental general principle that it is wrongful to cause
harm to other person in the absence of some specific ground ofjustification or excuse?"
Examine.
13. Under what conditions may an action in tort be maintained for a breach of a statutory
duty?
14. 'It is inconsistent with the authorities to contend that the infliction of unjustifiable
harm is always a tort'.
15. How is a tort different from other civil wrongs?
16. Some writers are of the view that there is no law of tort but only a law of torts. Explain
the view. What is your view.
17. What, in your opinion, are the reason for the slow development of the law of tort in
India?

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18. "Damnum sine injuria and injuria sine damnum are two different principles of law".
Comment briefly.

LIABILITY BASED UPON FAULT AND

STRICT LIABILITY

1. Explaining the concept of ‘no liability’, mention the Indian Acts in which this concept
has been incorporated.
2. ‘No fault liability rule has undergone a drastic change in the recent past.” Comment.
3. We must use our property so as not to cause discomfort to another’s use of property.
Yet a temporary discomfort is not actionable. Explain the law.
4. “If a person brings or accumulates on his land any thing which if it should escape may
cause damages to his neighbours, he does so at his peril.” Discuss the above statement
by refering the Judicial Pronouncements along with the exceptions there to.
5. Discuss the rule of strict liability with the help of relevant case law. Is there any
difference between strict liability and absolute liability?
6. There was a leakage of oleum gas from one of the units of Mr. X's Textile Industry,
situated in the city of Mumbai, on the 4th and 5th October. 1995. It resulted in the
death of an advocate practicing in a court and all the ill effects of same to various
persons. Mr. Y, a public spirited individual filed a writ petition under Art. 32 ofthe
Constitution before the Supreme Court of India claiming compensation. Decide the
liability-ofthe occupier.
7. What are the exceptions to the rule of strict liability? Briefly examine each of them.
8. Explain the natur6*. scope and extent ofthe liability ofthe polluter for environmental
torts in the light of the "Polluter pays principle" as developed in recent Supreme Court
decisions.
9. Discuss the legal principles, in the background of the recent changes in the law,
applicable to the determination of liability for injury caused by "hazardous substances"
and also the .nature of the said liability. Refer to relevant case law.
10. Discuss the rule in Rylands Vs Fletcher. Examine whether this rule is applicable in
case of physical injuries caused to innocent persons by discharge of noxious fumes
from industrial plants.
11. Critically examine the modern position of the rule in Rylands u Fletcher. D has placed
on his parking ground a disused coach from the which petrol had been drained and a
cap screwed on entrance pipe. Some unknown person removed the cap. Shortly
thereafter, one of the two boys, who hurried away as P approached the parking ground,
threw a lighted match in the entrance pipe of the tank. The petrol fumes in the tank
caught fire and the consequent explosion injured P. Can P sue D ?

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12. What is the importance of the case Rylands Vs. Fletcher, (1868) L. R. 3 H. L. 330, in
the law of torts?

VICARIOUS LIABILITY

1. When is principal not liable for the torts committed by his servant? Discuss.
2. “State liability in Torts has undergone an acute transformation in recent times.”
Discuss in the light of latest judicial pronouncements.
3. 'A master is not responsible for a wrongful act unless it is done in the course of
employment'. Comment and explain the circumstances when wrongful acts are deemed
to be done "in the course of employment." Refer to decided cases.
4. "State has to answer for every wrong committed by its erring servant." Comment.
5. A car driver in the course of his employment leaves the ignition keys in the car and
leaves the car on a crowded road. During his absence a trespasser gets into the car
and drives it causing an accident resulting into injuries to the plaintiff. The plaintiff
sues the car owner in tort. Decide.
6. Even if the master cannot actually control the way in which the servant does his work
because the servant is a skilled professional who knows his job and will carry it out in
his own way, the master nevertheless remains liable for the negligence of the servant.
Comment.
7. “A wrong falls within the course of employment of the servant. If it is necessarily,
incidental to something which the servant is employed to do.” Explain.
8. Discuss the rules regarding Vicarious Liability. Examine also the liability of the State
in India for the torts of its servants.
9. Discuss the liability of the government of India, for the tortuous acts of its servants.
10. The State Government constructed an irrigation canal about seven feet deep which
passed though the orchard of the plaintiff. Within one year of the water being let out
in the canal the level of the sub-soil water in the plaintiffs orchard rose appreciably
and as a result, due to excessive absorption of water by the roots of fruit trees growing
in the orchard, about 300 fruit trees wilted and withered. The plaintiff sues the State
claiming Rs. 60,000 as damages for the loss of fruit trees contending that had the canal
been cemented or lined at the floor no damage would have been caused to him. The
State denies liability on the ground that the canal had been constructed in exercise of
sovereign power of the State and as per specification prescribed for irrigation canals.
11. A was a milk rounds man employed by X Co. There were several notices up X Co's
depot making it quite clear that the rounds men were not allowed to take children on
the vehicles. Both employer and the trade union tried their utmost to stop but in spite
of these efforts the practice of engaging children to assist rounds men still persisted. A

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also engaged B, a boy who just over 13, to assist him in the course of his rounds and
paid him Rs. 4 per day. One day after delivering milk at one house, B jumped on to the
milk vehicle. He sat there with one foot dangling down so as to be able.to jump off
quickly. At that time, A drove the vehicle carelessly and it went too close to the keep
with the result that as the vehicle went round the corner, the wheel caught B's leg and
his foot was broken. B, by his father as his next friend, brings an action for damages
against X Co.
12. B, a store keeper employed by the need to return a frok-lift truck to the warehouse
found his way blocked by a large lorry belonging to a third party. Although there was
no urgency, B without first inquiring from the driver of lorry, attempted to move the
lorry himself and by his negligence in doing so caused an injury to C who sued him for
damages.
13. Who is a servant for the purposes of vicarious liability? When is he said to be acting in
the course of employment?
P was waiting for a bus at a bus stop when D's truck carrying stones and driven by his
servent, K stopped there. P who knew D sought a lift which K allowed. In the course of
journey the truck met with an accident on account of negligent driving by K resulting
in serious injuries to P. P sues D for damages.
will he succeed?
14. A young man takes out his father's car, when his father is out of town, and goes to a
hotel on the seaside with a girl friend. While returning home late in the evening, he
knocks down a boy due to rash driving, causing him serious injuries. Can the boy sue
the father for damages?
15. A, the owner of a car, had employed B as drive, to ply the car on hire as a taxi. B-had
engaged C as the cleaner of the vehicle. B handed over the to C for the purpose of
taking a driving test to obtain a licence. C, when driving the car during the test, drove
negligently and caused injuries to X, a pedestrian on the road. B was not present in
the car at the time of the accident but was present when the car was handed to C for
the driving test and had allowed C to drive the car for the test, X, the injured person,
claims damages from A , the owner of the Car. Decide giving reasons whether he can
succeed.

NUISANCE

1. “Public nuisance is a crime whereas private nuisance is a civil wrong.” Explain.

2. “Nuisance as a tort means an unlawful interference with a person’s use or enjoyment
of land or some right over or in connection with it.” Comment.

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3. "It is possible to support an action for nuisance as well as of negligence on the same
set of facts, however, there are certain points of distinction between the two." Discuss.
4. "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.
5. “Acts done with the intention of annoying a neighbour and actually causing annlynace
will be nuisance. Comment..
‘A’, a music teacher, gives music lessons at his residence. B, the neighbour, resides in
the adjoining house. Maliciously causes discomfort to A, by hammering against the
party wall, beating the trays, whistting and shrieking. A prays for an injuction against
B, should he succeed?
6. The defendant establishes a flourmill in the heart of a city adjacent to the plaintiffs
house in a residential area. Running of the mill causes vibrations to the house and
unpleasant noise. The plaintiff sues the defendant and claims damages and injunction.
The defendant argues that he has a freedom to establish his trade and business and
that his flour mill is also beneficial to a large number of residents in the area. Decide.
7. Distinguish between Public nuisance and Private nuisance.
8. "The mere fact that a process is useful to persons generally, in spite of its annoyamce
to the plaintiff is no defence to an action for the tort of nuisance". Examine.
9. Examine the tortious liability of A in following :
(a) A pretends to look the plaintiff in a room by purporting to turn key of the door
from outside and taking it away. The fact is that the door, though shut, is not
locked. The plaintiff remains in the room for two hours under the belief that he
has been locked inside.
(b) Branches of tree grown on B's land overhang on the side of A, his neighbour. A
repeatedly requests B to cut off these overhanging branches so that A is able to
enjoy sunlight. B does not pay heed to these requests. A goes on to the side of B
and cuts off those branches.
10. "Under the tort of nuisance a person cannot increase the liabilities of his neighbour by
applying his own property to special uses, whether for business or pleasure." Examine.

11. Study very carefully the following two situations: Situation A: The defendant, a deeply
religious man and owner of a house in the heart of a city, set it apart free of rent for
those who wished to use the same for religious purposes. As a result the house
remained occupied most of the time. The music played through the loudspeakers
during religious ceremonies caused constant noise and inconvenience to the
neighbours:

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Situation B: The defendant established a flour mill in a residential area in the heart of
a city adjacent to the plaintiffs house. Continuous running of the mill for long hours
everyday caused unpleasant noise as well as continuous vibrations in the house of the
plaintiff.
Compare the tortuous liability of the defendants in the above mentioned situations.
Give reasons and cite case-law.
12. Explain the elements of the tort of private nuisance.
13. "The essence of the tort of nuisance is interference with the enjoyment of land".
14. What elements are necessary to constitute the tort of'Nuisance'. Cite decided cases.

NEGLIGENCE

1. When, under the law of torts even using reasonable care, is a person liable for the tort
of negligence? Discuss.
2. “Direct evidence of negligence, however, is not always necessary and the same may be
inferred from the circumstances of the case.” Elucidate with cases.
3. Discuss with the help of decided cases where the Court while deciding cases on
contributory negligence keeps in mind the negligence on the part of plaintiff and
defendant both.
4. W, wife of A was diagnosed to be suffering from toxic Epidermal Necrolysis. Doctor D
was consulted who prescribed a long acting Cortico steroid ‘Depomedrol injection at a
dose of 80 mg twice daily. Despite administration of this medicine her. condition
deteriorated rapidly and she died within a week. On expert opinion, it was found that
the line of treatment followed by D is not supported by any school of medical thought
and is in sheer ignorance of basic hazard relating to use of steroids. A files a complaint
in Consumer Forum claiming Rupees 75 lakhs as damages for death of his wife W. D
objects to the jurisdiction of the Consumer Forum and also pleads lack of negligence
on his part. Decide.
5. Mr. X himself was driving a car and when he was passing through a railway level
crossing, his car was hit by a mail train. The car was smashed and Mr. X was seriously
injured, and died in hospital. In an action by the widow against the Union of India, as
owner of the Railway, it was contended that the level crossing was unmanned and the
gates were open. This constituted negligence on the part of the Railway. Further it was
contended that there was no contributory negligence on the part of Mr. X, the deceased,
as he could not have a look at the railway line from a distance as his view was
obstructed by some trees, etc., nor could he hear the sound of the coming mail train
while he was in the car with the engine running and the windscreen closed. Decide the
case giving your reasons.

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6. The defendant had been carrying cargo in a lorry for the plaintiff. On the way, there
was heavy rainfall The cargo was damaged by seepage due to rainwater rising from
below, while it had been securely protected by the defendant by tarpaulin from above.
The flash flood on the highway had stranded hundreds of lorries including that of the
defendant, and the water level on the highway rose above, tyres.and.up to the level of
the platform which resulted in the seepage. However, the plaintiff claimed heavy
damages from the defendant on the ground of negligence for want of due care. Discuss
whether the defendant can have any defence in this case.
7. "The principle of'res ipsa loquitur' is an exception to the rule that it is for the plaintiff
to prove negligence of the defendant." Discuss with reference to some cases.
8. "The defendant must not only owe the plaintiff a duty of care, he must be in breach of
it." In the light of the above statement examine as-to how would the court find out as
to whether there is a breach of a duty on the part of the defendant or not. Refer to case
law.
9. Discuss the principle of Res-ipsa-Loquitur. Refer to recent cases.
10. The doctrine of “alternative danger” is the extention of doctrine of “contributory
negligence”. Discuss.
11. "When a plaintiff acts as a reasonable and prudent man, he is entitled to damages even
though he selects the more dangerous alternative when confronted by the defendant's
negligence." Discuss.
12. "In the tort of negligence the question as to whether the defendant has acted as a
reasonable man or not depends on many factors". Discuss.
13. Explain the occupier's liability in respect of structures.
14. Examine how and when a duty of care arises, breach of which on the part of the
defendant makes him liable in an action fornegligence. What is the liability, if any, for
negligent mis-statement which causes financial loss to the plaintiff?
15. Study very carefully the follovvingtwo situations: SituationA: While playing on a cricket
ground owned by the defendant, a batsman hit the ball so hard that it went over the
boundary wall and hit the plaintiff walking on an adjoining street. In the history of the
eighty year old ground the ball had been so hit out five or six times. Situation B:
Trespassing children used to play football in an open area belonging to the defendant
adjoining a busy road. In the absence of a high boundary wall, the ball used to go on
the road frequently and children used to go there to fetch the ball back. One day the
ball was shot out on to the road where it hit a scooter driver causing him to fall and
suffer injuries.
Compare the tortious liability ofthe defendants in above mentioned situations. Give
reasons and cite case-law.

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16. "The facts must support the implication from occupier's conduct that he has permitted
entry, not merely tolerated it, forknowledge is not tantamount to consent."Discuss with
reference to the liability of the occupier towards a licensee.
Is it in any way different towards a trespasser? Explain.
17. Employees o f t h e telecommunications department opened a manhole in a street near
a children's park and in the evening left the open manhole covered by a canvas tent
unattended and surrounded by warning paraffin lamps. The plaintiff, a boy aged ,
eight, attracted by lamps and the tent entered into the tent. While peeping into the
manhole he stumbled over a lamp. The lamp fell into the manhole and in a violent
explosion that followed plaintiff sustained burn injuries. In an action in tort, the
department pleads remoteness of damage. Decide.
18. A, the owner of a house, allows the branches of a tree in his compound to overhang
the adjoining highway. B a driver of the city bus corporation, drives a bus negligently
very close to the overhanging branches so that the branches injure a passenger in the
bus through a window, and he loses his eyes. From whom can the passenger recover
damages for the loss of the amenity, from B, the city bus corporation, or A, or from all
the three?
19. Explain the common law doctrine of contributory negligence and the illogicality
involved in it that paved the way for its modification.
20. What are the conditions of application of the maxim res ipsa loquitur? How does it
effect the burden of proof in cases of negligence?
21. Under what conditions may an action in tort be maintained for a breach of a statutory
duty?
22. "While no action can be maintained by a person who suffers mental pain in
consequence of the act of another person, the position is different as regards nervous
shock". Examine and explain when an action can be maintained for causing nervous
shock.
23. "It is essential to grasp at the outset that it is not the law that a person suffering
damage as a result of careless conduct can sue in tort; careless acts do not necessarily
constitute the tort of negligence".
24. Raj, sitting on the verandah of his house, saw a blind man, Shyam passing alone on
the road. Raj found that there was a ditch in the road a few yards ahead but he kept
quiet. Shyam asked for help but Raj did not speak. Shyam walked forward, fell into the
ditch and sustained a fracture. Can Shyam recover damages from Raj? Would the
answer be different if there was previous enmity between Raj and Shyam?
25. X, a fisherman, had just alighted from the tram car and when the driver was, helping
her to put her basket on her back, Y, a motor cyclist, passed the tram car at excessive
speed and owing to his own negligence collided with a motor car and was killed. X did

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not see Y or the accident which occurred about fifteen yards off her view being
obstructed by the tram but she approached the spot and saw blood on the road. In
consequence, she sustained nervous shock and gave birth to a stillborn child of which
she was eight months pregnant. She sues the personal representatives of Y for Y's
negligence.
How will you decide?
26. Explain the following with the help of examples:
(i) Res ipsa loquitur.
27. The decision in 'Donoghue Vs. Stevenson' has got rid of the law of the contract fallacy
and provided authority for the proposition that a notional duty is owed independently
of contract by a manufacturer to the ultimate consumer of his product.
Discuss the above advertising to Lord Atkin's formulation of the "Neighbour Principle".

28. Distinguish: (i) Nuisance from negligence

29. Trivedi, a Deputy Secretary of the Welfare Department of the Bengal Government,
travelled in a government jeep, driven by a government driver, to supervise famine relief
in an outlying district of Bengal. After about 40 kilometers, the jeep suddenly caught
fire in the engine. In an attempt to escape the fire Trivedi jumped off the jeep and died
in the attempt. Trivedi's wife and children have given notice of a claim of one lakh of
rupees as damages for negligence against the government.
As the advocate-general you are asked to advise the government. Please write down
you advice taking into consideration all aspects of the cases.
30. "The crude view that the law takes cognisance, only of physical injury resulting from
actual impact has been discarded and it is now well recognized that an action will lie
for injury by shock sustained thought the medium of the eye or the ear without direct
contact".
Discuss this statement with the help of decided cases.
31. S, a workman in the defendant's factory had only one eye. The work in the factory
involved some risk of eye injury, but the likelihood of injury was not sufficient to require
defendants to provide protective eye goggles to normal two eyed workmen and so they
did not provide goggles to any of their workmen. In the course of this work, a peace of
metal flew off and injured S in his one eye and he became totally blind.
S claims damages from his employers on the ground that they broke their duty to take
reasonable care for his safety. Discuss the chances of his success.

FALSE IMPRISONMENT & MALICIOUS

PROSECUTION

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1. “Every confinement of the person is an imprisonment, whether it be in a common

prison or in a private house or in the stocks or even by forcibly detaining one in the
public streets.” Explain with the help of case law
2. “Malice is not to be inferred merely from the acquittal of the plaintiff. The plaintiff must
prove independently of the acquittal that his prosecution was malicious and without
reasonable and probable cause.” Comment.
3. “Total restraint on the liberty of movement of a person, however short its duration may
be, will amount to false imprisonment.” Discuss with the help of relevant case law.
4. Explain the essentials of malicious prosecution. What are the grounds on which
plaintiff can claim damages?
5. "It is an actionable wrong to institute, maliciously and without reasonable and probable
cause, criminal proceedings which may injure person's reputation, personal freedom
or property." Elucidate.
6. "In tort of malicious prosecution the plaintiff must prove among other things, that the
defendant was the person who was actively instrumental in putting " the law in force."
Discuss.
7. Distinguish the following two incidents and point out regarding wrong, if any, which
has been committed in these incidents. Distinguish in the context of the nature and
composition of these wrong:
(i) The Municipality permitted a political party to hold a meeting in a public park
blocking a busy road. X wanted to go to Y's house crossing the road but was not
allowed. There was no other way to go to Y's house.
(ii) A customer was suspected of having committed a theft in the departmental store
by the staff. She was detained by the Manager for 2 days in a store-room.
8. Distinguish between Malicious prosecution and false imprisonment.
9. How do you distinguish between wrongful imprisonment and wrongful restraint?
Explain with illustrations.
10. ‘Every unsuccessful prosecution does not expose the complainant to a civil action for
malicious prosecution.' Explain the circumstances under which an action lies for
malicious prosecution.
11. An assistant sup-inspector A and a head constable, B barged into the house of C, a
businessman where he (C) was playing cards along with his six friends. A and B
directed the cards players to take out their wallets, threatening to take them to the
police station. Apprehending registration of a case under the Gambling Act, all of them
parted with R$. 10,500/- in all. What offence have A and B committed?

ASSAULT AND BATTERY

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1. Assault is an act of the defendant which causes to the Plaintiff reasonable

apprehension of the infliction of a battery on him by the defendant.” Comment and
distinguish between assault and battery.
2. Distinguish the wrong committed in the following:
(a) The defendant told the plaintiff to leave the premises in occupation of the
plaintiff.. When the plaintiff refused, the defendant collected some of his
workman who mustered round the plaintiff, tucking up their sleeves and aprons
and threatened to break the plaintiff’s neck if he did not leave. The plaintiff then
left the place.
(b) A.takes B by the Collar and pushes him down the hill.
3. "It would be rational to say that the tort of battery protects not merely the interest in
freedom from bodily harm, but also that in freedom from insult'.

DEFAMATION

1. Mention the defences of tort of defamation and also discuss whether exceptions given
under the Indian penal Code, 1860 for the offence of defamation may be claimed as
additional grounds by the defendant.
2. “It is immaterial whether the defendant intended the defamatory statement to apply to
the plaintiff or knew of the plaintiffs existence if the statement might reasonably be
understood by those who knew the plaintiff, to refer to him.” Elucidate with case law.
3. Discuss with the help of judicial pronouncements the situations in which plaintiff may
prove apparently non-defamatory statements as defamatory.
4. It is not necessary that in all cases of tort of defamation there must be a Ioss»6f
reputation of the plaintiff.” Explain and illustrate.
5. The editor of a weekly published a series of articles directed against the business of
the plaintiff alleging how the wealth of the vast empire was built up by having recourse
to the unlawful and questionable means involving tax-evasion, import-export rackets,
foreign exchange violation and how the investigation into the operation of the
organisation were bogged down. In an action for defemation, the put up the defence of
air comment on a matter of I public interest. The plaintiff brought evidence to show
that the defendant had to tender an apology to the plaintiff in an earlier defamation
case and that the present publication was motivated by malice. Discuss the defence of
fair comment in the light of the facts of the case.
6. Explain the ingredients of "Innuendo". What is the plaintiff required to prove in order
to sustain the plea of Innuendo?
7. 'A statement made in performance of duty is privileged'. In the light of this statement
critically examine the tort of defamation.

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X, the famous writer and art critic que while criticising the paintings of Y the famous
painter, wrote in the newspaper as follows:
'Mr. Y's paintings are pots of paint hurled in the eyes of the public'. He afterwards wrote
to Y saying that whatever he had written had been said by him in the course of his
duty and hoped that he would not allow this to interfere with their friendship. Y replied
and said 'Next time I meet you, I shall punch your nose damn hard. I hope you will not
allow this to interfere with out friendship'. What torts, if any, have they committed and
what defences are available to them?
8. What is meant by 'innuendo'? What are the facts, the Plaintiff must prove or establ ish
in order to sustain a plea of innuendo?
9. "Absence of knowledge that a matter is defamatory or absence of intention to injure the
plaintiff is, by itself, no excuse for the defendantfin tort". Discuss.
10. Distinguish the wrong committed in the following two incidents and also give decisions:
(i) X circulated a handbill to his neighbours alleging that Y became the Chairman
of the Village Panchayat by paying money to the members of the Panchyat.
(ii) X goes on informing his community members in many families that Ms Y is not
chaste as many people have seen her in the company of different people at
various places.
11. Distinguish between the following:
(i) Libel and Slander
12. How do you distinguish the following ? What reasons can be attributed for the
difference?
(i) A Solicitor, acting on behalf of his client, dictated a letter to the plaintiff stating
therein that she (plaintiff) bears immoral character. The letter then was posted
to the plaintiff.
(ii) X told Z that Y is suffering from AIDS though the statement is not true.
13. The defendant newspaper company Publishes the photographs of Mr. A and Ms. B
along with caption that they were getting married on that day. They published this only
after Mr. A himself had confirmed to their 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 suijtj
against the defendant. Decide.
14. A, ajoumalist, writes an article against B, a public servant, alleging that B has
misappropriated a sum of Rs. 2 lakhs from the public fund under his control. In an
action in tort for defamation by B against him, A takes the defence of fair comment.
Discuss with reasons.
15. What is meant by 'innuendo'? What are the facts which the plaintiff must prove or
establish in order to sustain a plea of innuendo?

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16. Explain the defence of 'fair comment' to a civil action for defamation.
17. The defendant, publisher of a newspaper, published an account and photograph of the
"curly-headed wife" of a named boxer. The plaintiff, another woman, in fact the boxer's
wife- files a suit against the defendant claiming damages for defamation and produces
witnesses who give evidence that had read the statements to mean that the plaintiff
was not the wife of the boxer but they were not misled into thinking that she was not
the wife, nor is any person misled produced as witness.
18. Examine the scope of the defence of truth in an action for defamation.
19. In this connection, what is the significance of the statement that "the greater the truth,
the greater the libel"?
20. How is this defence different from fair comment?
21. Distinguish: (i) Fair comment from qualified privilege.
22. T was a literary critic employed by a newspaper concern. In one of his reviews in the
newspaper of the week's films, T had strongly criticized a film produced by X Co.
Thereupon the film company wrote a letter to the newspaper concern stating that in
their opinion T was unqualified to express any criticism of films as he was acquainted
with the tastes of the picture- going public and that he should be prevented from
harming the film industry by his reviews. T sues X Co. for Defamation. Advice X Co. as
to the possible defences they can plead.

GENERAL DEFENCE

1. Explain ‘necessary’ as a defence for the liability of tort and also mention the classes of
necessity.
2. “Harm suffered voluntarily does not constitute a legal injury and is not
actionable.”Elaborate along with its limitations.
3. “The maxim is ‘volenti non fit injuria’ and not ‘scienti non fit injuria’.” Explain.
4. Defence of'Volenti-non-fit injuria' is not available when the rescuer is injured in an act
rescuing." Discuss.
5. 'Volenti non fit injuria is a defence for liability in tort.' Illustrate your answer with
decided cases.
6. "Statutory right affords no protection if negligence, unreasonable conduct, want
ofjurisdiction or irregularity is proved."

REMEDIES AND DAMAGES

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1. "The defendant must not only owe the plaintiff a duty of care, he must be in breach of
it" In the light of above statement examine as to how would the court find out as to
whether there is a breach of a duty on the part of the defendant or not. Refer case law.
2. What are liquidated damages and when are they awarded?

3. It is the task of the law of tort to determine when the law will and will not grant redress
for damage suffered." Discuss.
4. “Whenever damages cannot be precisely calculated in terms of money, the court may
take into account the motives and conduct of the defendant, and where these aggravate
the plaintiff’s injury the damage will be correspondingly increased.” Discuss.
5. When do the courts award exemplary damages in an action for tort?
6. 'The basic principle for the measure of damages in tort as well as in contract is that
there should be restitution in integrum’. Explain and comment.
7. What are 'Unliquidated damages'? When are they awarded?
8. A person was running a sawmill. He allowed young boys in the locality to come and
watch the working of the machine from a distance. One day, unnoticed by anybody, a
young boy of eight years went very near the machine and put his hand in it. The hand
was severed and the boy was permanently maimed. The boy represented b/’his father
as next friend, instituted a suit for damages. Will he succeed?
9. B was the owner of a multi-storeyed building and A was a tenant in respect of one flat
on the first floor of the said building. After sometime A purchased a car and started
parking his car in the compound of the said building without B's permission. Since
other tenants of the said building were parking their vehicles in the same compound
but with B's permission, B asked A not to park his car in the said compound but A
neither stopped parking his car nor sought the permission to park his car there.
B sues A for trespass and seeks an injunction restraining from parking his car in the
said compound.
10. "In assessing damages, the law takes an account of certain consequences but considers
only proximate consequences." State the test by which the remoteness of consequences
is determined by the courts for this purpose. Refer to judicial pronouncements.

JOINT TORT FEASORS

1. “Liability of joint tort feasors in Law of Tort is Joint and Several.” Discuss.
2. The liability of I Dint tort-feasors is 'joint and several'. In the light of this statement
discuss who are joint tort-feasors and their liability with the help of illustrations and
case law.

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Visit more at UPSC law optional PREVIOUS YEAR PAPER TOPIC WISE for all topics

Competition Law

1. “The basic purpose of competition policy and the law is to preserve and promote competition
as a means of ensuring efficient allocation of resources in an economy.” Elucidate the
statement in the light of new economic scenario in India. (2019, 20 marks)
1A. How far is the Competition Act, 2002 an improvement over the Monopolies and
Restrictive Trade Practices Act, 1969 (MRTP Act, 1969) with respect to abuse of
dominant position? Discuss and explain the relevant statutory provisions. [2017 8(c)]
2. Competition Law in India has not achieved the result as was expected. Discuss the
bottlenecks with which it suffers and suggest the remedies necessary to make it
fruitful. [2013 8(a)]
3. “Competition Law needs to have necessary provisions and teeth to examine and
adjudicate upon anti-competitive practices. Examine and evaluate this statement in
the content of the Competition act, 2002. [2011 7(a)]
4. The Competition Act is designed to prevent monopolies and unfair trade practices
against smaller competitors and consuming public. Elucidate. [2010 6(a)]

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Major Statutes Concerning Environmental Law

1. “The National Green Tribunal, which was established for effective and expeditious disposal
of cases relating to environmental protection and conservation of forests and other natural
resources, has played a pivotal role in recent past in this regard.” Examine the statement with
reference to pronouncements given by NGT. (2019, 15 marks)
1A. “Public interest litigation has played a very crucial role in protection of environment in
India.” Elucidate and illustrate with the help of decided cases. [2017 7(b)]
2. Write a note on ‘Impact of noise pollution on the health of the people.' [2015 5(d)]
3. The doctrine of “Public Trust” as propounded by Supreme Court has worked as an
instrument for protection of Environment in India. Discuss. [2014 7(b)]
4. Corporates causing havoc to the wildlife existing on seashores is an extreme type of
environmental crime and laws are almost nonexistent tyo deal with them directly.
Discuss. [2013 8(b)]
5. “The rise of Environmental Crimes in spite of Environmental Legislations is due to
absence of adequate punitive methods of sentencing.” Discuss. [2011 7(b)]
6. The “precautionary principle” and the polluter pays principle” are the parts of the
environment law of this country. Explain in the light of decided cases. [2008 7(b)]

‘Sustainable development’ has been accepted as a balancing concept between ecology and
development. Discuss the recognition and application of this principle under the laws relating to
environmental protection in India. (2018 )

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Intellectual Property Rights

1. 8(a). “In present time, there is a conflict between the right to access to knowledge and
copyright law.’’ Explain the statement in light of doctrine of fair dealing under the copyright
law.(2019, 20 marks)
1A. “An invention has to satisfy certain conditions in order to get a patent.” Examine
critically the statement. [2017 8(b)]

2. Discuss the various defences which can be pleaded by the defendant in an action for
infringement of copyright under the Copyright Act, 1957. [2017 5(d)]

3. Discuss does the infringement of trademark occur? Discuss the essentials of

infringement of trademark. Write down the acts not constituting infringement of
registered trademark. [2017 5(e)]

4. Discuss various provisions of Compulsory Licensing under Patents Act, 1970. [2015
6(c)]

5. “Copyright is the right of the artist, author, producer of a film who have created a work
by use of their artistic skills.” Examine infringement of copyright particularly relating
to video piracy and the remedies available under the law. [2014]

6. Critically analyse the term “inventive steps’ as incorporated under the Patent
(Amendment) Act, 2005. Do you agree with the present definition? Refer to recent case
law. [2013 6(b)]

7. The principle of ‘passing off in an action has been extended to the use of false trade
description’. Explain the conditions for a successful passing off action and the defences
available to the Opposite party. [2010 8(b)]

8. “Intellectual property of whatever species is in the nature of intangible incorporal

property.” In the light of this statement discuss the scope of intellectual property rights
in India. [2008 8(a)]

9. In spite of introduction and recognition of Technological Protection Measures (TPMs), the

digital copyright continues to be unsafe and unsecured. Explain the impact of the 2012
Amendments to the Copyright Act, 1957 on the protection of digital copyright in India. (2018)

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Public interest litigation

1. Discuss the various principles of ‘mediation.’ [2015 5(e)]

2. In matters such as enforcement of social, economic, cultural or political rights or civil
liberties or gender concerns, courts in India have been inclined to apply relaxed rules
of standing or litigational competence rather than strict rules of locus.
Discuss.[2013.7(b)]
3. “Public interest litigation is not in the nature of adversary litigation but it is a challenge
and opportunity to the Government and its officers to makebasic human rights
meaningful to the deprived and vulnerable sections of community to assure them social
and economic justice which is the signature tune of our Constitution.” Discuss. [2012
7(b)]
4. Public Interest Litigation has been a significant tool in protecting the environment.
Discuss with the help of cases. [2010 6(b)]
5.

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Right to Information Act

1. “Pragmatic regime of right to information for citizens is the key to good governance in India,
but it is not being implemented in its original spirit.” Examine it in the light of decision of
the Supreme Court of India in Anjali Bhardwaj vs. Union of India, February 2019. (20
marks, 2019)
1A. “Notwithstanding transparency of governance, certain information have been exempted
from disclosure under the Right to Information Act, 2006.” Discuss the relevant
provisions and limitations on disclosure of information [2017 7(c)]
2. “The Right to Information Act, 2005 was enacted in order to promote transparency and
accountability in the working of every public authority.” How far has this goal been
achieved by the Right to Information Act, 2005 in the last ten years? Critically analyse
your answer with the support of exceptions and case law. [2016 6(a)]
3. “An attempt by all political parties to bring amendments to the RTI Act, 2005 is to
sabotage the steps towards transparency of governance in this country”. Critically
evaluate the statement. [2013 8(a)]
4. A Central Government Medical Research Institute in Collaboration with an MNC used
a drug on experimental basis on humans for curing cancer. Some of the patients died
due to this drug. In order to sue for compensation for such victims and violation of
right to privacy, Mr. X, a relative of a deceased patient sought information through the
instrumentality of Right to Information Act. The information was refused on the ground
that it affects the contracting power of the Central Government with foreign companies
and vilates trade secrets too. Decide. [2011 6(b)]

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