Law Syllabus for UPSC Examination

LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Mains Syllabus

Paper I

Constitutional and Administrative Law

Constitution and Constitutionalism: The distinctive features of the Constitution.
Fundamental rights – Public interest litigation; Legal Aid; Legal services authority.
Relationship between fundamental rights, directive principles and fundamental duties.
Constitutional position of the President and relation with the Council of Ministers.
Governor and his powers.

Supreme Court and High Courts: (a) Appointments and transfer. (b) Powers, functions and jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case..
Centre, States and local bodies: (a) Distribution of legislative powers between the Union and the States. (b) Local bodies. (c) Administrative relationship among Union, State and Local Bodies. (d) Eminent domain – State property – common property – community property.
Legislative powers, privileges and immunities.

Services under the Union and the States: (a) Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals. (b) Union Public Service Commission and State Public Service Commissions – Power and functions (c) Election CommissionElection Commission The Electoral Commission is the independent body which oversees elections and regulates political finance in the UK. Voters in England, Scotland and Wales now need to show photo ID to vote at polling stations Federal 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 NationsUNO The main bodies of the United Nations are the General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, and the UN Secretariat. All were established under the UN Charter when the Organization was founded in 1945. It has 193 members.: 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: WTOWTO The World Trade Organization (164 Members) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The WTO operates the global system of trade rules and helps developing economies build their trade capacity. Observer governments> Algeria- Andorra- Azerbaijan- Bahamas- Belarus- Bhutan- Bosnia and Herzegovina- Comoros- Curaçao- Equatorial Guinea- Ethiopia- Holy See- Iran- Iraq- Lebanese Republic- Libya- Sao Tomé and Principe- Serbia- Somalia- South Sudan- Sudan- Syrian Arab Republic- Timor-Leste- Turkmenistan- Uzbekistan-, 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.

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 tortfeasors.
Remedies.

Negligence.
Defamation.
Nuisance.
Conspiracy.
False imprisonment.
Malicious prosecution.

Consumer Protection Act, 1986.

Law of Contracts and Mercantile Law

Nature and formation of contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act./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 the 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.