Law Syllabus

Preliminary Examination Syllabus

I Jurisprudence

1. Nature and concept of law.
2. Schools of Jurisprudence : Analytical, Historical, Philosophical, Sociological & Natural.
3. Administration of Justice : Theories of punishment.
4. Sources of Law : Custom, Precedent and Legislation.
5. A few basic Legal concepts:
(i) Rights and Duties.
(ii) Legal Personality.
(iii) Ownership and Possession.

 

II Constitutional Law of India

1. Salient features of the Indian Constitution.
2. Preamble.
3. Fundamental Rights, Directive Principles and Fundamental Duties.
4. Constitutional position and powers of President and Governors.
5. Supreme Court and High Courts: Jurisdiction, powers, appointment and transfer of Judges.
6. Union Public Service Commission and State Public Service Commissions: Powers and functions.
7. Distribution of Legislative and Administrative Powers between the Union and the States.
8. Emergency Provisions.
9. Amendment of the Consstitution.

 

III International Law :

1. Nature and definition of International Law.
2. Sources: Treaty, Custom, General Principles of Law recognised by civilised nations and subsidiary means of determination of law.
3. State Recognition and State Succession.
4. The United Nations, its objective, purpose and principal organs; Constitution, role and jurisdiction of International Court of Justice.
5. Protection of Human Rights:
(i) Provisions in the UN Charter. .
(ii) Universal Declaration of Human Rights, 1948.
(iii) International Convenant of Civil and Political Rights, 1966.
(iv) International Convenant on Economic, Social and Cultural Rights, 1966.

 

IV Torts :

1. Nature and Defination of Tort.
2. Liability based on fault and strict liability.
3. Vicarious Liability including State Liability.
4. Joint Tort feasors.
5. Negligence.
6. Defamation.
7. Conspiracy
8. Nuisance.
9. False imprisonment.
10. Malicious Prosecution.

 

V Criminal Law :

1. General Principles of criminal liability: Mens rea and actus reus.
2. Preparation and criminal attempts
3. General Exceptions.
4. Joint and constructive liability.
5. Abetment
6. Criminal Conspiracy.
7. Sedition.
8. Murder and culpable homicide.
9. Theft, extortion, robbery and dacoity.
10. Misappropriation and Criminal Breach of Trust.

 

VI Law of Contract :

1. Definition of contract.
2. Basic elements of contract: Offer, acceptance, consideration, contracutal capacity.
3. Factors vitiating consent.
4. Void, Voidable, illegal and unenforceable agreements.
5. Wagering agreements.
6. Contingent contracts.
7. Performance of contracts.
8. Dissolution of contractual obligations: frustration contracts.
9. Quasi-contracts.
10. Remedies for breach of contract.

 

Main Examination Syllabus

Paper-I

Constitutional and Administrative Law

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

6. Supreme Court and High Courts:
(a) Appointments and transfer.
(b) Powers, functions and jurisdiction.

7. 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.

8. Legislative powers, privileges and immunities.

 

9. 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.

10. Emergency provisions.
11. Amendment of the Constitution.
12. Principles of natural justice – Emerging trends and judicial approach.
13. Delegated legislation and its constitutionality.
14. Separation of powers and constitutional governance.
15. Judicial review of administrative action.
16. Ombudsman: Lokayukta, Lokpal etc.

 

International Law

1. Nature and definition of international law.
2. Relationship between international law and municipal law.
3. State recognition and state succession.
4. Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, high seas.
5. Individuals: Nationality, statelessness; Human rights and procedures available for their enforcement.
6. Territorial jurisdiction of States, extradition and asylum.
7. Treaties: Formation, application, termination and reservation.
8. United Nations: Its principal organs, powers, functions and reform.
9. Peaceful settlement of disputes – different modes.
10. Lawful recourse to force: aggression, self-defence, intervention.
11. Fundamental principles of international humanitarian law – International conventions and contemporary developments.
12. Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear – non proliferation treaty, CTBT.
13. International terrorism, state sponsored terrorism, hijacking, international criminal court.
14. New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank. 15. Protection and improvement of the human environment: International efforts.

 

Paper-II

Law of Crimes

1. General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offences.
2. Kinds of punishment and emerging trends as to abolition of capital punishment.
3. Preparation and criminal attempt.
4. General exceptions.
5. Joint and constructive liability.
6. Abetment.
7. Criminal conspiracy.
8. Offences against the State.
9. Offences against public tranquility.
10. Offences against human body.
11. Offences against property.
12. Offences against women.
13. Defamation.
14. Prevention of Corruption Act, 1988.
15. Protection of Civil Rights Act 1955 and subsequent legislative developments.
16. Plea bargaining.

 

Law of Torts

1. Nature and definition.
2. Liability based upon fault and strict liability; Absolute liability.
3. Vicarious liability including State liability.
4. General defences.
5. Joint tort feasors.
6. Remedies.
7. Negligence.
8. Defamation.
9. Nuisance.
10. Conspiracy.
11. False imprisonment.
12. Malicious prosecution.
13. Consumer Protection Act, 1986.

 

Law of Contracts and Mercantile Law

1. Nature and formation of contract/E-contract.
2. Factors vitiating free consent.
3. Void, voidable, illegal and unenforceable agreements.
4. Performance and discharge of contracts.
5. Quasi- Contracts.
6. Consequences of breach of contract.
7. Contract of indemnity, guarantee and insurance.
8. Contract of agency.
9. Sale of goods and hire purchase.
10. Formation and dissolution of partnership.
11. Negotiable Instruments Act, 1881.
12. Arbitration and Conciliation Act, 1996.
13. Standard form contracts.

 

Contemporary Legal Developments

1. Public Interest Litigation.
2. Intellectual property rights – Concept, types/prospects.
3. Information Technology Law including Cyber Laws – Concept, purpose/prospects.
4. Competition Law- Concept, purpose/ prospects.
5. Alternate Dispute Resolution – Concept, types/prospects.
6. Major statutes concerning environmental law.
7. Right to Information Act.
8. Trial by media.