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