⚖️ OPTIONAL — LAW
Papers: VI & VII · 500 marks. GS overlap: HIGH for GS-II (polity, constitution, governance), moderate for GS-III (environment law, IPR) and GS-IV. Best for: LLB/law graduates. Non-law candidates should be cautious — the subject requires case-law knowledge and legal reasoning.
⚠️ Verify against the current UPSC notification at upsc.gov.in.
PAPER I — CONSTITUTIONAL AND ADMINISTRATIVE LAW; INTERNATIONAL LAW
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, States 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 service; 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; LAW OF TORTS; LAW OF CONTRACTS AND MERCANTILE LAW; CONTEMPORARY LEGAL DEVELOPMENTS
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 human body.
- Offences against property.
- Offences against women.
- Defamation.
- Offences relating to the Prevention of Corruption Act.
- Offences relating to the Protection of Civil Rights Act.
- 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.
Law of Contracts and Mercantile Law
- Nature and formation of contract/E-contract.
- Factors vitiating free consent.
- Void, voidable, illegal and unenforceable agreements.
- Performance of contracts.
- Dissolution of contractual obligations, frustration of contracts.
- Quasi-contracts.
- Remedies for 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.
BOOKLIST
| Area | Books |
|---|---|
| Constitutional Law | M.P. Jain — Indian Constitutional Law; V.N. Shukla; D.D. Basu |
| Administrative Law | I.P. Massey; M.P. Jain & S.N. Jain |
| International Law | S.K. Kapoor; Malcolm Shaw |
| Criminal Law | K.D. Gaur; Ratanlal & Dhirajlal |
| Torts | R.K. Bangia |
| Contracts/Mercantile | Avtar Singh |
| Contemporary | Bare Acts + recent Supreme Court judgments |
STRATEGY
- Case law is the currency of this optional. Cite landmark judgments by name in nearly every answer — this is what separates high scorers.
- Read Bare Acts — precise statutory language earns marks.
- Structure: legal provision → judicial interpretation → case law → critical analysis → contemporary relevance.
- Keep a running file of recent Supreme Court judgments — the "contemporary legal developments" section demands currency.
- Strong overlap with GS-II makes it efficient for law graduates.
Pros: excellent GS-II synergy; objective (law is either correct or not); valuable for administrative career. Cons: requires legal training; case-law memory load is heavy; not advisable for non-law candidates.