UPSC LAW SYLLABUS

LAW SYLLABUS Law 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 jurisdiction. • 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 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/Econtract.

• 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.