IAS Exam Papers-Main - Law (Paper - I) 2005

LAW (MAIN) - 2005 C.S.E. (MAIN) LAW - 2005 PAPER - I Time Allowed: Three Hours Maximum Marks: 300
Candidates should attempt Questions 1 and 5 which are compulsory, and any. THREE of the remaining questions selecting at least ONE question from each Section. The number of marks carried by each question is indicated at the end of the question.
1. Answer any three of the following (each answer should be in about 200 words)
(a) "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. 20
(b) "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. 20
(c) "The constitutional scheme of the distribution of legislative powers weights heavily in favour of the Union Parliament." Elucidate with the help of constitutional provisions and judicial decisions. 20
(d) "The Indian federal structure has brought in some novel provisions which are not to be found in other federations." Critically discuss. 20
2. (a) " All these years Article 368 has seen a tug of w Ir between the constituent power and power of judicial review." Comment on and narrate this development in detail. 30
(b) Discuss the scope of the Original and Advisory Jurisdictions of the Supreme Court of India. Also give in brief your response to the view that the Advisory Jurisdication to be abolished. 30
3. (a) "Secularism is neither anti-God nor pro-God. It eliminates God from the matters of State and ensures that no one shall be discriminated 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. 30
(b) 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. 30
4. (a) 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. 30
(b) "Bias vitiates all judicial and quasi-judicial proceedings." Comment on this statement and give two examples to illustrate the principle. 30

5. Answer any three of the following (each answer should be in about 200 words):
(a) "Aut dedere aut judicare obligation is a common feature of the recent antiterrorism conventions." In the light of I this statement explain the rules of International law pertaining to extradition of terrorists. 20
(b) "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 thelight of the provisions of the U.N. Charter relating to the C.S.E. LAW promotion of human rights. 20
(c) Define intervention and state the grounds under which it is justified underInternational Law. 20
(d) In what circumstances may the use of force be legal under the United NationsCharter? Critically comment. 20
6. (a) What are the conditions for granting asylum in a diplomatic embassy? Whenis this asylum regarded irregular? Explain with illustrations. 30
(b) Write a critical note on the provisions of the Vienna Convention on the Lawof Treaties, relating to the grounds of invalidity, termination and suspensionof the operation of treaties. 30
7. (a) Discuss the provisions relating to the exercise of control by a coastal stateover the artificial islands, installations and structures constructed by it in theExclusive Economic Zone and the conservation and utilization of livingresources therein. 30
(b) The 1972 Stockholm "Declaration on Human Environment" and" Action Planon Human Environment" create a new relationship of rights and obligationsbetween developed and developing countries. Explain. 30
8. (a) Critically examine the provisions of the United Nations Charter which enablesthe United Nations to perform its primary role of peace-keeping. Does theCharter require any reform in this respect? 30
(b) 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. 30

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