UPSC law Optional Paper 2026

Paper I

SECTION — A

1. Answer the following questions in about 150 words each: (10×5 = 50)

(a) "The 'Doctrine of Pleasure' in its absolute unrestricted application does not exist in India." Elucidate with regard to service jurisprudence.

(b) "If the power of judicial review of legislation and administrative actions is abrogated or taken away, the Constitution will cease to be what it is." Critically evaluate.

(c) What do you understand by legislative process? Under the Constitution, the Parliament has been empowered to make law on any matter, in any list, for any territory not included in a State. Explain.

(d) The word 'State' used in the 'Directive Principles' has the same meaning as has been given to it by Article 12, for the purposes of enforcement of the Fundamental Rights. Examine in the light of exceptions, if any.

(e) The President in India is elected not directly by the people, but by the method of indirect election. Explain. Who will decide in case any dispute arises in connection with the election of the President? Discuss.

2. (a) "While interpreting Article 21 of the Constitution, the Supreme Court introduced the concept of 'due process of law' indirectly into the Constitution of India, and thereby expanded its scope considerably." Support your answer with the help of leading case laws. (20)

(b) "'Constitutionalism' connotes in essence — 'limited government' or 'a limitation on government'. It is the antithesis of arbitrary powers." Discuss. (15)

(c) "The Legislature itself must set the essential policy, or lay down standards or policy in the Delegating Act and the delegate would then legislate to advance the legislative policy." Elaborate the statement with the help of relevant case laws. (15)

3. (a) Keshavananda illustrates judicial creativity and the policy-making role of the Supreme Court of a very high order and could be regarded to be an improvement over the formulation in Golaknath. Examine with the help of relevant arguments. (20)

(b) 'Constitutional governance' is a system where government authority is limited, defined and structured by a supreme written or unwritten constitution. Analyze with special reference to the Sixth Schedule of the Indian Constitution. (15)

(c) "The concept of 'natural justice' is of variable content and imposes variable procedural norms from case to case." Explain. (15)

4. (a) "The Supreme Court of India is a multi-jurisdictional Court and may be regarded as the most powerful Apex Court in the world." Justify this statement supported by relevant constitutional provisions. (20)

(b) "It is the satisfaction of the President and not of the Central Cabinet, for proclamation of emergency in India." Do you agree with it? Critically examine and also, discuss about the consequences of such proclamation. (15)

(c) "An 'Ombudsman' is the projection of the legislative function of supervising the administration." Elucidate this statement in Indian perspectives with the help of examples. (15)

SECTION — B

5. Answer the following questions in about 150 words each: (10×5 = 50)

(a) Whether International Law is a law in the true sense of the term 'law' or not? Examine.

(b) Critically examine the theories which have been propounded to explain the relationship between International Law and Municipal Law.

(c) What is 'asylum'? Is 'Right to Asylum' a fundamental right of a person in other country to save from prosecution? Explain.

(d) What do you mean by imposing 'Double Veto' by a permanent member of the Security Council of the United Nations? Also, discuss its impact on decision-making process of the United Nations.

(e) What do you understand by 'State succession' and 'State recognition'? Differentiate between them.

6. (a) "The present world economic order is supposed to be guided by the operation of free market forces propelled by free competition, based on free movement of goods and services including technology." Discuss the role of the principle of non-discrimination and free trade under the General Agreement on Tariffs and Trade (GATT) in this regard. (20)

6 . (b) Discuss the grounds of 'intervention' and its types. State the circumstances under which lawful recourse to use of force for self-defence could be taken. Give its limitations also. (15)

6 (c) "International Law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe and, therefore, do commonly observe in their relation to each other." Explain. (15)

7. (a) Discuss the facts and the Principles of the Law of the Sea, emerged in 'Corfu Channel Case', with reference to the territorial sea and contiguous zone. Give your opinion, how far the 'Strait of Hormuz' problem could be resolved under the UN Convention on the Law of the Sea (1982) in the light of the principle of 'innocent passage' by foreign vessels. Explain. (20)

(b) Discuss the composition, powers and functions of the Security Council of the United Nations for the maintenance of international peace and security. (15)

(c) Define the term 'nationality'. State the various modes of acquisition of nationality by a person. Differentiate between 'nationality' and 'domicile'. (15)

8. (a) "The Bretton Woods Conference, 1944 adopted the statutes of two institutions to promote New International Economic Order for international financial cooperation and economic development." Discuss the above statement in terms of the International Forum. (20)

(b) Discuss briefly 'pre and post' developments of Kyoto Environment Summit on Global Warming, 1997 for the protection and improvement of the human environment. (15)

(c) What do you mean by Human Rights? Discuss the procedure for the enforcement of Human Rights of a person as laid down under the International Law. (15)

Paper - II SECTION A / खण्ड A

Q1. Answer the following questions in about 150 words each. Support your answer with relevant legal provisions and judicial pronouncements: (10×5 = 50)

(a) Does 'Res ipsa loquitur' reverse the 'burden of proof' completely? Comment. (10)

(b) How can 'community service', as a type of punishment, be used to address local issues? Discuss. (10)

(c) How does the changed definition of 'consumer' align with modern market practices such as 'e-commerce'? Discuss. (10)

(d) Can a 'single act' amount to both public and private nuisance? Explain with the help of examples. (10)

(e) From 'sedition' under the Indian Penal Code, 1860 to 'acts endangering sovereignty, unity and integrity of India' under the Bharatiya Nyaya Sanhita, 2023, how has the law changed? Explain. (10)

Q2. (a) "'Vicarious liability' is based on public policy rather than fault." Critically analyse the above statement in the light of decided cases. (20)

(b) How has the law against untouchability evolved to give effect to Article 17 of the Constitution of India? Discuss in the light of relevant legislative enactments and judicial pronouncements. (15)

(c) Discuss the doctrine of 'Volenti non fit injuria' as a defence to tortious liability. What are the limitations on the scope of this doctrine? (15)

Q3. (a) How effectively does the law distinguish between 'pre-meditated killing' and 'murder as a consequence of a sudden fight'? Explain in the light of relevant statutory provisions. (20)

(b) How far does a 'mistake of fact' negate mens rea? Does it operate as a justification or an excuse, and should it be allowed as a defence in strict liability offences? Explain. (15)

(c) Discuss the procedural safeguards provided under the law along with the role of judiciary in ensuring the voluntary participation of the parties in 'plea-bargaining'. (15)

Q4. (a) 'X', a 25-year-old boy, makes a promise to 'Y', an 18-year-old girl, that he will marry her if she has 'carnal-relations' with him. The girl is reluctant, but agrees after repeated assurances from the boy that he will marry her. Fifteen days after the act, the boy sends her a text message stating that he cannot keep his promise because marriage with her does not align with his career plans and that he needs to marry an NRI girl to facilitate his settlement abroad. What offence, if any, has been committed by the boy? Discuss. In this context, explain the provisions of the Bharatiya Nyaya Sanhita in the light of amendments relating to sexual offences which recently took place. (20)

(b) "Theft is an offence against possession, not ownership." Comment. Also explain the changes introduced in the law relating to theft under the provisions of the Bharatiya Nyaya Sanhita, 2023. (15)

(c) 'X', a public servant, asks 'Y', a person to give him an amount of Rupees ten thousand in order to process 'Y's routine application for a cooking gas connection on time. What offence, if any, has 'X' committed? Explain in the light of the relevant statutory provisions. Refer to leading cases. (15)

SECTION B / खण्ड B

Q5. Answer the following questions in about 150 words each. Support your answer with relevant legal provisions and judicial pronouncements: (10×5 = 50)

(a) How does the Indian Competition Act, 2002, reflect a shift from regulating monopoly to protecting the interests of consumers? Discuss. (10)

(b) "There is a jurisprudential difference between 'cyber contraventions' and 'cyber offences' as provided under the Information Technology Act, 2000." Discuss. (10)

(c) Write a note on 'non-partners' who can share the profits in a partnership. (10)

(d) What are the ingredients of 'hire-purchase'? How is it different from an 'agreement to buy'? (10)

(e) In an action to void a contract on the ground of 'undue influence', what is to be proved by the plaintiff? Under what circumstances can 'undue influence' be presumed? (10)

Q6. (a) "Sharing of profits is only prima facie evidence of the existence of a partnership. The conclusive test is that of 'mutual-agency'." In view of the above statement, discuss the essential features of a partnership. (20)

(b) Explain the applicability of the rule of 'privity of contract' in India. Also discuss the circumstances in which the rule does not prevent a person from enforcing a contract without his being a party to it. (15)

(c) "Sellers can no longer abuse their freedom by selling sub-standard goods and relying on exclusion clauses. Now there is a duty to deliver appropriate goods." Explain the above statement with the help of statutory provisions and decided cases. (15)

Q7. (a) Can 'Alternative Dispute Resolution' (ADR) mechanisms effectively adjudicate disputes involving public law elements, constitutional rights, or matters of significant public interest? Critically discuss the role of ADR mechanisms in light of limitations under the Arbitration and Conciliation Act, 1996. (20)

(b) In international environmental jurisprudence, the emergence of the 'precautionary principle' marks a shift from the assimilative capacity principle to the precautionary principle. Elucidate this statement in light of the concept of 'sustainable development'. (15)

(c) "'Trial by media' is a complex phenomenon which poses a conflict between two fundamental principles of democracy, viz. 'the right to a fair trial' and 'freedom of the press'." How can a balance be maintained between these two? Explain. (15)

Q8. (a) "Intellectual property laws confer exclusive rights on creators; however, such rights are not absolute." Critically examine this statement in view of copyright vis-à-vis public interest. (20)

(b) How can courts protect individuals against the possibility of exploitation inherent in 'standard form contracts'? Discuss and refer to decided cases. (15)

(c) "Every person who acts for another is not an agent. Representative character and derivative authority may briefly be said to be the distinguishing features of an agent." In view of the above, discuss the nature of agency. (15)