Syllabus for Law Optional

Law is one of the scoring optional subjects of the UPSC IAS Mains Exam. Hence, the candidates with a background in law, finance, international trade, administration choose this subject as their optional for the UPSC Main exams.

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.
• The 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.
  • The 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.
• The 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-defense, intervention.
• Fundamental principles of international humanitarian law – International conventions and contemporary developments.
• The legality of the use of nuclear weapons; ban on the 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.

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 tranquillity.
• Offences against the human body.
• Offences against the 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 tortfeasors.
• 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 the 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.
• Trial by media.