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LAWXPERTSMV. # CURRENT AFFAIRS REVIEW FOR LAW OPTIONAL

SPECIAL EDITION : DECEMBER 16TH -22ND 2016

CONSTITUTIONAL LAW:

EQUALITY:
DECEMBER 17TH : SC upholds decision to sack Muslim airman for sporting beard
DECEMBER 22ND : Pardon, the gender wage gap is showing

ART.23-24 :
DECEMBER 22 : OPINION : THE HINDU : Finding the missing children
WORKING OF PARLIAMENT AND DEMOCRACY:
DEC: 16TH : OPINION OF THE HINDUSTHAN TIMES : It is the government’s responsibility to find a way to break the House logjam.
DEC : 19TH : THE HINDU : THE LEAD : The unmaking of Parliament
DECEMBER 19TH : EDITORIAL OF THE HINDU : Questions from a washout.

ELECTION COMMISSION OF INDIA AND RPA :


DECEMBER 19TH : EC seeks end to nameless donations

INTER-STATE WATER DISPUTES:


DECEMBER19TH : Single tribunal to arbitrate inter-State water disputes
DECEMBER 20TH : EDITORIAL OF THE HINDU : Grappling with water disputes

SPECIAL STATUS OF J&K- REVIEW : DECEMBED 19TH : J&K has no sovereignty: SC

ENVIRONMENT LAWS:
 DECEMBER 17TH : OPINION OF THE INDIAN EXPRESS : The long-term solution
 DECEMBER 21ST : OPINION OF THE HINDU : Leopards in a spot

INDIAN PENAL CODE : SC & ST ACT: DECEMBER 22ND : SC criticises poor implementation of SC/ST Act

DECEMBER 17TH : SC upholds decision to sack Muslim airman for sporting beard

Noting that “every Armed Force raised in a civilised nation has its own ‘Dress and Deportment’ Policy,” the Supreme Court on Thursday
upheld the decision of the Air Force to dismiss a Muslim airman for growing beard citing religious grounds.

WHY>

 The apex court held that under the Armed Forces Regulations of 1964 the “touchstone for being allowed to grow one’s hair or
to retain a beard is where there is a religious command which prohibits either the hair being cut or a beard being shaved.”
 Otherwise, discipline and uniformity have precedence over the fundamental right to religion in the Forces, the court held.

“For the effective and thorough functioning of a large combat force, the members of the Force must bond together by a sense of espirit-de-
corps, without distinctions of caste, creed, colour or religion. Uniformity of personal appearance is quintessential to a cohesive, disciplined

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and coordinated functioning of an Armed Force,” the three-member Bench, comprising Chief Justice T.S. Thakur and Justices D.Y.
Chandrachud and L. Nageswara Rao, observed.

Mr. Zubair claimed his fundamental right to freedom of religion. The Air Force countered that keeping a beard was not an essential
practice of their faith unlike in the Sikh religion. The court had sought an opinion from senior advocate Salman Khurshid, who said
growing a beard was only “desirable” in Islam.

 The court held that Article 33 of the Constitution has the authority to impose restriction on the fundamental rights of Armed
Forces personnel, considering the “overarching necessity of a Force

DECEMBER 22ND : Pardon, the gender wage gap is showing

India had among the worst levels of gender wage disparity — men earning more than women in similar jobs — with the gap
exceeding 30 per cent.

Who says that? International Labour Organisation (ILO) revealed in its the Global Wage Report 2016-17.

Singapore had among the lowest, at 3 per global average of 40 per cent
cent
South Korea – 37% Asia-Pacific average of 38 per cent

 In India, women formed 60 per cent of the lowest paid wage labour, but only 15 per cent of the highest wage-earners..
 In other words, not only were women paid less, there were fewer women in highly paid occupations.
 South Asia (whose dominant economy is India), only 20 per cent of wage earners were women.
 Higher representation of women in sectors where their work is undervalued results in a gender pay gap.
 Strong labour market institutions and policies such as collective bargaining and minimum wages lowered the pay gap.

Top 1 per cent : The ILO threw light on high income inequality. In India, the top one per cent earned 33 times what the bottom 10 per
cent did. The top 10 per cent also earned 43 per cent of all wages. Since 2006, average wages rose by 60 per cent in India, while they
more than doubled in China.

WORKING OF PARLIAMENT AND DEMOCRACY:

DEC: 16TH : OPINION OF THE HINDUSTHAN TIMES : It is the government’s responsibility to find a way to break the House logjam.

A strange question is being heard in the political corridors these days: Who is responsible for running Parliament?

Parliament not only passes legislation but is also the main platform for political parties to express their views in the public
interest. The ruling party can take decisions according to its wishes, and also use the official channels to communicate with political
stakeholders. Besides, the media also gives prominence to the government’s side of the story. The Opposition does not have that
advantage. In such a situation, they utilise Parliament to express their views.

 Pandit Jawaharlal Nehru and Indira Gandhi had unprecedented majorities in the House but that did not deter MPs such as Ram
Manohar Lohia, Jyotirmoy Basu, Piloo Mody, AB Vajpayee, Mani Ram Bagri, Mahavir Tyagi and Bhupesh Gupta from attacking the
government.
 Personal allegations were also levelled against Pandit Nehru and Indira Gandhi. Yet they attended Parliament and listened to the
Opposition.
 Inside Parliament, Lohia had once called Pandit Nehru a tabla player because of the clothes he was wearing. Indira Gandhi was
dubbed as “goongi gudiya” by the Opposition. But they responded to such allegations with smiles and never ran away from
Parliament. If they wanted, they could have curtailed the voice of the Opposition as there were only 20-30 MPs but they never
resorted to such undemocratic tactics.

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DEMOCRACT AND DISSENT:

 Those who believe in democracy must respect dissent. When Opposition leaders like Hiren Mukerjee spoke, Pandit Nehru
used to rush to Parliament from Teen Murti Bhawan to listen to them.
 When Vajpayee became PM, he made it a point to remain in the House during important discussions and he tackled the
Opposition’s allegations with his characteristic smile, without taking them to heart.

The beauty of Parliament lies in its discourse and Opposition is the gem of this august institution. Contrary to those days, political
enmity rather than ideological differences is guiding decisions these days. This is not good for democracy.

CONGRESS JUST FOLLOWING BJP LEGACY:

 The means and expression of agitation, which the Congress leaders are showing in Parliament these days, were learnt from the
BJP during the 10 years of the UPA government.
 BJP leaders may blame the Congress now but if they introspect they will recall that daily adjournments, slogan shouting in the
well of the House and wasting sessions after sessions are their legacy.

Then a senior BJP leader who is now a Union minister had said disruption is a right way of opposing in a democracy.

Given the situation, if the government sits with the Opposition and discusses the issues with an open mind and the PM is present in the
House and listens to the Opposition like Pandit Nehru, Indira Gandhi and AB Vajpayee, then certainly there will be a way out.

DEC : 19TH : THE HINDU : THE LEAD : The unmaking of Parliament

The Indian Parliament meets, the Indian Parliament ceases to meet, and there is nary an impact of these meetings/non-meetings on the
democratic discourse in the country.

CRITICISM : WHO SAYS WHAT:

Newspaper : waste of time and money Commentators : clamour in Parliament Analysts : Widening social based not
resulted in meaningful legislation or
responsible legislators

legal minds : Law by Ordinance rather Most Indians find Parliament irrelevant to
through Parliament the needs of the day.

Why should they not find it so?

 Opposition finds fault with Government instead of Engaging ;

 And Government fails to give satisfactory reply with calm, reflective and reasoned debate ;

 as PM speaks only with Potential voters.

What Jawaharlal Nehru termed the Not just ‘majesty’ of Parliament but also the democracy is subverted in the process?

Loss of confidence in representative institutions has not led to disappointment with democracy. As the Indians STILL value
democracy. Why ? Each human being to be treated as an equal, at least during election time.

Elections are marked by high voter turnouts, voters exercise freedom of choice and elect and dismiss governments in often
unpredictable ways.

 The Motilal Nehru Constitutional Draft (1928) + Constituent Assembly : recommended adult suffrage(Right to vote) for ordinary
women and men irrespective of the their level of literacy

Direct democracy, as propounded by Rousseau, cannot be practised in large, complex socities as citizens have only time and energy for
earning their daily bread, and they cannot participate whole-time in an activity called politics.

 Besides modern citizens, unlike ancient Athenians, value and guard their personal spaces, their vocation, their interests,
their social life, and their privacy.

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For these reasons and more, democracy requires a third set of political agents to mediate between the first two sets: the citizen and the
state. This is the representative.

To stand in

 Voters authorise, as primary unit, representatives to speak and act on their behalf.

DUTIES OF REPRESENTATIVES :

 to ensure that the opinions, interests and needs of constituents are adequately, competently and effectively represented in forums of
decision-making

 to assist in the production of appropriate policies.

 is accountable to her constituency for all acts of omission and commission.

In theory, citizens have command over who they want to be represented by, and what issues representatives, normally members of political
parties, should represent.

WHO ARE THEY REPRESENTING? Civil society1 .Each of them claims to represent the interests of their members.

ADVANTAGES:

1. They represent all the members of a territorially delimited constituency, Not just trade unions.

2. Accountability to their constituents via the route of election.

3. They acquire legitimacy by the fact that she has been elected by the people whose interests she is charged with representing and
furthering.

NOT PERFECT, BUT STILL HOLDS GOOD : Representative democracy is not perfect, it is flawed, but it is the only form of
democracy that enables a relationship between the citizen and the state, provided our representatives do what they are
supposed to be doing in Parliament.

ROLE OF PARLIAMENT:

 It makes laws,

 ensures accountability of the government, and

 considers and scrutinises legislation through the committee system.

 provides a forum and establishes procedures for reflection on, and critical engagement with, what has been done, and what needs
to be done in the light of popular expectations.

JOB OF REPRESENTATIVE : to promote the public good, and not for advancing petty, grasping projects. This is the reason for which they
have been elected, the source of their power and privilege, the rationale for their very existence.

Deliberation, by way of representation of different points of view, is an indispensable component of how we, as a collective, should
live.

A sharp decline

 The failure of the body to deliberate on the public good is condemnable.

 Telecasts showed empty benches in the Rajya Sabha on the opening day of the winter session of Parliament.

 Parliamentarians simply could not be bothered to listen to or participate in a debate.

The sharp decline in the effectiveness of Parliament,

1
Civil society in India is inhabited by a large number of organisations, the media, social associations, neighbourhood groups, all kinds of professional lobbies, non-
governmental and non-profit organisations, philanthropic bodies, social and political movements, and trade unions.

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 its failure to monitor the executive,

 delegation of power to non-representative regulatory institutions,

 the substitution of deal-making for informed arguments,

 the rushing through of legislation without discussion, and

 the increasing concentration of power in the hands of the executive.

CONCLUSION :

 If India wishes to hold on to her democratic credentials, parliamentarians must recognise that the task of representing the opinions,
interests and needs of citizens is their paramount responsibility.

Nehru, in a famous speech he made in the Lok Sabha on March 28, 1957, had said that historians will not pay much attention to the time
expended on speeches, or the number of questions asked and answered in Parliament. They will be interested in the deeper things that
go into the making of a nation. There is no higher responsibility than to be a member of this sovereign body responsible for the fate of
vast numbers of human beings. “Whether we are worthy of it or not is another matter.” Our Parliamentarians have proved unworthy of
the great responsibility bestowed on them. This is the political tragedy of our democracy

DECEMBER 19TH : EDITORIAL OF THE HINDU : Questions from a washout

1. At the winter session of Parliament : washed out. Opposition parties adopted disruptive tactics on demonetisation issues.

 Prime Minister in Gujarat called for : “jan sabha” (people’s meet) as the Opposition wouldn’t let him do so in Parliament; and

 Rahul Gandhi, vice-president of the Congress party, complaining that he was not allowed to make disclosures on the floor of the
House, but then keeping them close to his chest outside.

 The Opposition (Congress ) has clearly taken its cue from the BJP’s playbook.

2. What did either side gain by bringing Indian parliamentary democracy’s most deliberative process to a grinding halt? Just two bills
were passed, one of them a money bill that did not need the Rajya Sabha’s nod.

3. Bills critical to the April 1, 2017, deadline for the rollout of the Goods and Services Tax. It also failed to end the session on a note
of federal cooperation to set up the shift to Budget day to February 1 from next year.

4. To re-establish itself as a viable option for voters, the Congress needs to share its vision and road map in the Rahul Gandhi era.

CONCLUSION :

 The floor of the House, with a tempered debate and questioning as a constructive party of opposition, is a key venue for that.

 Basic self-interest demands that government and opposition avert the possibility of the Budget session meeting the same fate as this
one.

DECEMBER 19TH : EC seeks end to nameless donations

Seeking to stop financing of election campaigns using black money, the Election Commission has urged the government to amend laws
to ban anonymous contributions of Rs. 2,000 and above made to political parties. Why?

 There is no constitutional or statutory prohibition on receipt of anonymous donations by political parties.

 Section 29C of the Representation of the People Act, 1951. But, such declarations are mandated only for contributions above
Rs. 20,000.

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Now: Any amount 2,000 should be prohibited : EC recommends.

DECEMBER19TH : Single tribunal to arbitrate inter-State water disputes

The Centre has decided to set up a single, permanent Tribunal to adjudicate all inter-State river water disputes. Why ?

 Aimed at resolving grievances of States in a speedy manner within 3 years.


 This body will subsume existing tribunals.

NOT JUST TRIBUNAL BUT TEMPORARY BENCHES TO ADJUDICATE THE DISPUTES: Besides the tribunal, the government has also
proposed to float some Benches by amending the Inter-State Water Disputes Act, 1956 to look into disputes as and when required. Unlike the
tribunal, the Benches will cease to exist once the disputes are resolved.

 Setting up of Dispute Resolution Committee (DRC). The DRC, comprising experts and policy-makers, is proposed to handle disputes
prior to the tribunal. “...whenever a State will request, the Centre will set up a DRC. We expect, most disputes will get resolved at the
DRC’s level itself. But if a State is not satisfied, it can approach the tribunal.” — PTI

DECEMBER 20TH : EDITORIAL OF THE HINDU : Grappling with water disputes

NEWS : Permanent tribunal , subsuming the existing tribunals, to adjudicate river water disputes between States will good improvement
from ad hoc tribunals = to provide for speedier adjudication.

ISSUES :

 But will it resolve the disputes within 3 years ? Because Expecting a Single Institution to give its verdict = Doubtful.
 Its interlocutory orders as well as final award are likely to be challenged under Article 136 of the Constitution in the Supreme Court.
Thus, finality and enforcement of a tribunal’s award may remain elusive.
 The idea of a Dispute Resolution Committee, an expert body that will seek to resolve inter-State differences before a tribunal is
approached = disincentive for needless litigation.

Good thing: expert agency to collect data on rainfall, irrigation and surface water flows. A permanent forum having reliable data in
its hands sounds like an ideal mechanism to apportion water.

 BENCHES ARE NOT ANEW: It is not clear in what way these temporary benches would be different from the present tribunals.
 What if there is any Refusal or reluctance of parties to follow the orders this tribunal? . Having an institutional mechanism is one
thing, but infusing a sense of responsibility to abide by judicial orders is another.

CONCLUSION :

 What is at stake
 Not just riparian rights because Water disputes have humanitarian dimensions, including agrarian problems worsened by drought
and monsoon failures.
 Adjudication, by whatever mechanism, should not be at the mercy of partisan leaders who turn claims into dangerously emotive
issues.
 Institutional mechanisms should be backed by the political will to make them work.

DECEMBED 19TH : J&K has no sovereignty: SC

Jammu and Kashmir has “no vestige” of sovereignty outside the Indian Constitution, and citizens of the State are “first and foremost”
citizens of India, the Supreme Court has held.

 The court made this observation while describing as “wholly incorrect” the conclusion arrived at by the Jammu and Kashmir High
Court that the State has “absolute sovereign power” to legislate laws touching the rights of its permanent residents regarding their
immovable properties.

The Supreme Court said this while holding that provisions of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest (SARFAESI) Act, 2002, are within the legislative competence of Parliament and can be enforced in
J&K.

HC verdict set aside : The Bench set aside the verdict of the High Court that held that any law made by Parliament which affects the
laws made by a State legislature cannot be extended to Jammu & Kashmir.

Concern in J&K : The National Conference, which stands for complete restoration of Article 370, fears “violation of State Subject laws”.

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 “It remains a fact that in certain aspects of Centre-State laws, State laws run supreme. Earlier, the Centre’s rights were limited to
defence, foreign affairs, communication and currency. J&K is a case of sub-sovereignty,” said NC spokesman Junaid Azim Mattu.
 Calling for a more nuanced understanding of Article 370, Mr. Mattu said, “The State Bank of India (SBI) per se is not a State subject.
However, it has come into being [in J&K] because of the State legislature. It can’t have mortgage rights and violates State Subject
laws.”
 The J&K government was of the opinion that the SARFAESI Act “encroached upon the property rights of permanent residents of the
State” and “would need concurrence of the J&K government under Article 370”.

ENVIRONMENT :

DECEMBER 17TH : OPINION OF THE INDIAN EXPRESS : The long-term solution

All of us self-styled and other-styled experts should be gasping for ideas. Consider the following.

 In 1996, the Supreme Court ordered the closure of hazardous industries in Delhi to reduce pollution instead of forcing them to
clean up their act. This led to the unemployment of over a million people directly or indirectly.
 In 2002, the Supreme Court ordered that all buses, taxis and three-wheelers in Delhi should convert their engines to CNG to
ensure a clean atmosphere.

However, we have to pause and reflect why the air gets worse every year. Forcing disruptive policies on citizens that affect livelihoods
but don’t ensure progressive improvements is bad for governance and makes people more cynical.

The first fact we have to recognise is that this is not a Delhi problem. Hundreds of cities in the country are as badly or worse
polluted than Delhi.

Therefore, we have to approach the problem in a more comprehensive manner and set in motion procedures and methods that
ensure sensible policymaking over the next five to 10 years for all the cities in the country.

1. First of all, we have to ensure that four or five multidisciplinary centres for data gathering, research and policymaking are set up
in academic institutions in the NCR with assured funding for the next five years. This should not cost more than Rs 15-20 crore a
year. Their job would be to get reliable information about the sources of pollutants and their amounts in the air on a continuing
basis, the interaction of various pollutants in the atmosphere, an evaluation of technologies needed that will work to reduce pollution
from different sources, regulations and taxation/fiscal policies to achieve our aims, and governance systems that can make all this
possible.
 What is known is that diesel engines produce more PM2.5 and less CO2 than petrol or CNG engines. On the other hand,
both diesel and CNG engines produce more NOx than petrol engines. It is possible that higher densities of smog are also the result
of greater amounts of NOx in the air.
 But no one has measured the amount of NOx that CNG engines are emitting while in operation. All this has to be carefully
measured and then policies made to set emission norms for new vehicles and testing norms for existing vehicles. Arbitrary bans
on vehicles that have passed mandated fitness tests and quarterly pollution tests are not only unfair, but give us a bad reputation
internationally.

The only way to control emissions is to set emission standards that debar unwanted vehicles automatically irrespective of the
fuel used. The good news on this front is that the Government of India has mandated Euro 6 norms for vehicle emissions starting in 2020.

 Everyone is asking the government to reduce car use by promoting walking, cycling and public transport use. The fact is, people
do not change their travelling patterns easily just because of the provision of more buses and metros. Just buying more buses will not
ensure their greater use.
 We could start with an annual pollution tax of Rs 10 per cc of engine size for all vehicles, a parking fee of Rs 100 per day in all
offices and banning free parking on government property.
 In the long term, we will have to think of the role of shopping malls versus neighbourhood shops as the former encourage car use,
resulting in more pollution and accidents.
 It is assumed that just the provision of good footpaths and bicycle lanes will encourage people to walk and bicycle. This is a
necessary condition, but not a sufficient one.

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Fairly good footpaths are available in Lutyen’s Delhi and Chandigarh, but you hardly see them crowded with pedestrians.

PROBLEM : One of the reasons is that pedestrians probably find them to be very sterile environments. All they can see are high
boundary walls and barbed wire fences. The architecture of buildings is not visible; there are no shops, restaurants, kiosks, offices or
human activity to make their walk pleasant and interesting. There are no places to sit or loiter with friends or socialise with
acquaintances.

SOLUTION : Unless we allow a great deal of social activity along our urban streets, walking will not be a preferred option.

OPINION OF THE HINDU : Leopards in a spot

In a landmark decision in 2014 prohibiting the bull-taming sport, Jallikattu, the Supreme Court held that “animal has also honour and
dignity which cannot be arbitrarily deprived of and its rights and privacy have to be respected and protected from unlawful attacks”
(Animal Welfare Board of India v. A. Nagaraja).

Same rights were not accorded to leopard.

CASE 1: Mandawar village near Gurugram, it was clubbed to death

CASE 2 : Young leopard caught on the fringes of the Yamuna Biodiversity Park. They will most probably send it to Saharanpur.

 Tragically, while the first leopard was beaten to death, the second leopard was chased like a ‘wanted’ criminal who has just
escaped from prison (in this case, a national park or a sanctuary) and has to be sent back, in this case, to the forests.

Legal and ethical issues arose in which we deal with wild animals that venture into human-dominated landscapes.

1. Just like Article 21 of the Constitution, A wild animal can also be deprived of its life and personal liberty only after following due
process, namely, what is mentioned in the Wildlife (Protection) Act, 1972.

Unfortunately, in a country where due process is often not followed even for human beings, it is difficult to imagine that it
would be followed with respect to wild animals.

2. And just like ‘encounter killings’ of suspected terrorists, wild animals, especially leopards, are being eliminated across the country
through state-sanctioned and public-supported encounter killings.

We are pushing an entire species closer to extinction.

'Natural' homes

1. if a wild animal is found outside the protected area, it must be “rescued” and sent back to the protected area.
2. The law governing the subject of wildlife, the Wildlife (Protection) Act, 1972, does not discriminate between animals found in
protected areas and outside. It provides for equal protection for wild animals irrespective of where they are found.
3. As per the law, wild animals are not the property of the government, and an animal which is wild in nature and free cannot be in the
ownership of either the government or a private party.
4. Only if the wild animal becomes a danger to human life or is diseased or disabled beyond recovery can it be allowed to be captured
or killed by the competent authority, the Chief Wildlife Warden of the State. This provision is applicable to wild animals listed in
Schedule I of the Wildlife (Protection) Act, 1972, which includes leopards.
5. Mere apprehension or fear that a wild animal could endanger human life is not a ground for capture or killing.

AUDACITY OF LEOPARDS : These leopards displayed amazing adaptability and resilience in the face of massive habitat loss. They have
had the audacity to survive in situations where other wild animals have given up.

 State-sanctioned killing, capture and “rescue” of leopards violates every statutory, constitutional and ethical standard.
 We must recognise and accept that wild animals are not just born free, they have the right to remain free, the right to move freely,
and the right of equal protection of the law irrespective of whether they are in a protected area or outside.

This is the minimum that is required if India is serious about protecting its wildlife and biodiversity.

DECEMBER 22ND : SC criticises poor implementation of SC/ST Act

1. Criticising the government for its “indifferent attitude” towards the implementation of the Scheduled Castes/Scheduled Tribes
(Prevention of Atrocities) Act, the Supreme Court has directed the National Legal Services Authority to frame schemes for spreading
legal awareness and free consultations to members of the SC/ST communities nationwide.

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2. Equality for all


 A Bench, headed by Chief Justice of India T.S. Thakur, asked the authorities to discharge their duties to protect the SCs/STs to attain
the constitutional goal of equality for all citizens.
 “The constitutional goal of equality for all the citizens can be achieved only when the rights of the Scheduled Castes and Scheduled
Tribes are protected. The abundant material on record proves that the authorities are guilty of not enforcing the provisions of the
Act,” the Bench, also comprising Justices D.Y. Chandrachud and L. Nageshwara Rao, observed in a recent judgment.
 It asked the National Legal Services Authority to formulate appropriate schemes to spread awareness and provide free legal aid to
SCs and STs.

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 SMS TO 8903618144 <NAME> SPACE <BEST TIME TO CALL YOU>

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LAW OPTIONAL FOR UPSC : FACTS AND MYTHS.

1. WHY LAW OPTIONAL ? Law optional, for UPSC, is high scoring with top success rate.
2. IS LAW SYLLABUS VOLUMINOUS ? Law is, as any another optional subjects, will have its pros and cons. Its
syllabus is vast. No doubt about that. But still UPSC do not want you to mug up case laws or sections in the
legislations.
3. IS LAW OPTIONAL RISKY TO OPT FOR UPSC? Not at all. Do not believe in myth that law optional is rare. Doubt it ?
See for yourself at ANNUAL REPORT OF UPSC 2014–15.
4. I AM NOT FROM LAW BACKGROUND. SHOULD I CHOOSE LAW ?Law is a Technical subject. Law for UPSC is
NOT TECHNICAL as it seems.
5. WHY? Because you are not expected to argue as a legal counsel for your client before the supreme court of India.
You are ONLY expected to know the General principles of Law. Also, Ignorance of the law excuses no one.
6. Our modules are, and will be, designed to cater both law and non-law students.

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LAWXPERTSMV LAW OPTIONAL SAMPLE QUESTIONS FROM MOCK TEST 2016

Q3. Answer the following :

a) “The success and effectiveness of public administration depends essentially on the ability impartiality and honesty of the bureaucrats. As
such the responsibility of selecting such type of persons for administrative jobs should be vested on an independent and neutral Public
Service Commission”- comment and enumerate the functions of UPSC with emphasis on the importance of the advisory power of UPSC.
(25m)

Understanding: The statement above opines about independency and autonomy of UPSC, thus this question first expects to comment about the
autonomy of UPSC.

(i) Autonomy of UPSC ( 10m)

Composition establishment: According to Act 315 of the constitution of India there shall be a permanent Union Public Service Commission for
appointment to the various posts of the central government services. Likewise as Act 318 of the constitution of India also stated that the Union
Public Service Commission will be constituted with a chairman and a fixed number of members; the number of such members and the terms and
conditions of their service are to be determined by the President of India. The President, as such, appoints the Chairman and other members of
the commission for a period of six years.

Functional autonomy: It is interesting to note that according to Act 317 of the constitution of India, the period of service of the chairman and
other members of the Union Public Service Commission is not determined by the pleasure of the executive department of the government of
India and as such, they cannot be removed from their positions quite easily.

As per Art 317(1) only the President of India can remove these members from their officers under the special change of corruption and
dishonest behaviour by a special measure. The system is, when a special charge against any member of the Union Public Service Commission is
made before the President of India about corruption and dishonesty the latter directs the Supreme Count of India to make enquiry on it and the
Supreme Court after making the inquiry submits its report to him. If the alleged charge is proved against the member or even the chairman of the
commission the President can remove him from his office. Art. 317(2) also says that if a member is found insolvent or mentally and physically
unfit then also the President can remove him from the post of membership.

Other restrictions to ensure autonomy : The constitution of India has also adopted certain measures to ensure the neutrality and impartiality of
the U.P.S.C. The Chairman of the Union Public Service Commission has not been allowed to take any office of profit under the central or any of
the state governments after his retirement from service as chairman. Moreover, before the expiry of their term of service the executive cannot
remove the Chairman or any of the members of the commission from their service. They can be removed only through the means stipulated in
the constitution. Apart from this once these members are appointed the terms and conditions of their services cannot be changed. Art.
322 declares that the salaries and allowances of these members including the chairman will be considered as expenditure charged upon the
consolidated fund of India, which means that their salaries and allowances are not subjected to the approval of the Parliament.

Precautionary Measures in Indian Constitution

In order to prevent the ministers from taking any undue advantages or using the U.P.S.C. for their own personal and party interests, the
constitution had taken two precautionary measures.

 First, the government must consult with the Union Public Service Commission regarding the appointment of its employees and the other matters
relating to their interest and
 Secondly, if the recommendation or advice of the Union Public Service Commission is not accepted the government is to explain the reason of
such non-acceptance to the parliament.

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Without the recommendation of the Union Public Service Commission the Government of India can appoint temporarily some employees but
such employee cannot be appointed for more than a year. If such employee is to be appointed for more than a year the approval of the U.P.S.C.
must have to be taken.
Moreover, if the government does not take the recommendation or advice of the U.P.S.C. or refuse or neglect it, the reasons for it are to be
reported to the Parliament.

(ii) Functions of Union Public Service Commission(71/2 m)

Art. 320 of the constitution of India have categorically enumerated the functions of the Union Public Service Commission.
The first function of Union Public Service Commission is to recommend for appointment in administrative services the meritorious and
prospective young men and women after selecting them through All India competitive examinations.
Secondly, if two or more state governments so request the U.P.S.C. to assists them in framing and operating schemes of joint recruitment for
any service for which candidates possessing special qualification are required.
Thirdly, it advises the President in specified matters.
1. “all matters relating to methods of recruitment to civil services and for civil posts;
2. the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from the service to
another and on the suitability of candidates for such appointments promotions or transfer;
3. all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity, including
memorials or petitions relating to such matter;
4. any claim in respect of a person who is serving or has served under the govt. of India in a civil capacity, that any cost incurred by him in
defending, legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid
out of the consolidated fund of India;
5. any claim for the award of a pension in respect of injuries sustained by a person while serving under the government of India in a civil capacity
and any question as to the amount of such award;
6. any other matter which may be referred to it by the President for advice.”
It is usually obligatory for the Government of India to consult the Union public Service Commission in respect of all the above matters.
However, the President has the power to make regulations, specifying the matters in which, either generally or in particular circumstances the
commission may not be consulted. Under the Union Public Service Commission (exemption from consultation) regulations framed by the
President in 1958, it is not obligatory for the President to consult the U.P.S.C. in some cases.

ADDITIONAL INFORMATION – NOT PART OF SOLUTION.


For Information the cases are as follows:
1. Posts in respect of which the authority of appointment, has specifically been conferred by the constitution in the
President,
2. Chairman of members of any Board, Tribunal Commission, Committee or any other similar authority, created under
a statute or under the authority of a resolution of either Houses of the Parliament or by a resolution of the
government of India for conducting an enquiry into any matter or advising the government of specified matters.
3. Heads of diplomatic, consular and other similar Indian Missions in other countries,
4. Personal staff attached to the holders of the posts mentioned in categories mentioned above,
5. Posts in the Secretariat of the LokSabha and RajyaSabha,
6. All technical and administrative posts in or under the Atomic Energy Commission,
7. Judicial Commissioners and Additional Judicial Commissioners, District Judges and Additional District Judges of
the Union Territories and the subordinate Judges and Munsifs in the Union Territories of Manipur, Tripura and
Himachal Pradesh,
8. All class HI and class IV posts,
9. Posts concerned with the administration of North-East Frontier Agency and
10. any service or post in respect of which the commission has agreed that it is not necessary for it to be consulted. The
temporary and officiating appointments can also be made without consulting the U.P.S.C. provided the incumbent is
not likely to hold the post for more than a year. But intimation has to be sent to the commission regarding such
appointment as soon as the posts are filled. Similarly there is no need to make any reference to the commission

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regarding the reservation of posts in favour of backward classes, Scheduled Castes, Schedule Tribes

a) A common tendency in modern democracies is to confer discretionary power on the government or administrative officers. The power is
usually couched in very broad phraseology and gives a large area of choice to the administrator concerned to apply the law to actual factual
situations.This creates the danger of official arbitrariness which is subversive of the doctrine of equality. To mitigate this danger, the courts
have invoked Art. 14 (20m)

In order to ensure that discretion is properly exercised, it is necessary that the statute in question lays down some norms or principles according
to which the administrator has to exercise the discretion. Many a time the statutes do not do this and leave the administrator free to exercise his
power according to his judgment. This creates the danger of official arbitrariness which is subversive of the doctrine of equality. To mitigate this
danger, the courts have invoked Art. 14.
ESSENTIALS:
This principle manifests itself in the form of the following propositions:
(1) A law conferring unguided and unrestricted power on an authority is bad for arbitrary power is discriminatory.
(2) Art. 14 illegalises discrimination in the actual exercise of any discretionary power.
(3) Art. 14 strikes at arbitrariness in administrative action and ensures fairless and equality of treatment.

FIRST ELEMENT : CONFERRING ABSOLUTE DISCRETION:


The Court can veto any conferment of discretionary power on an authority if it is too broad, sweeping or uncanalised.
Govt. of Andhra Pradesh v. P. Laxmi Devi, (2008) 4 SCC 720 : AIR 2008 SC 1640
The court has reiterated the principle that mere likelihood of abuse of discretionary power conferred under statute would not render the statutory
provision unconstitutional.
SECOND ELEMENT: ADMINISTRATIVE DISCRIMINATION: The first proposition discussed above envisages that where a statute is
discriminatory either because it does not make a reasonable classification, or confers unregulated discretion on the executive, the statute itself is
void under Art. 14.
CLASSIC CASE OF YickWo v. Hopkins118, U.S. 356
The classic case on the point is YickWo v. Hopkins, an American case. By an ordinance, the City of San Francisco made it unlawful to carry on a
laundry, without the consent of the board of supervisors, except in a brick or stone building. In administering, the ordinance, 200 Chinese
launderers were denied permission, even though they complied with every requisite, while 80 non-Chinese under similar circumstances had been
permitted. Lumsden Club v. State of Punjab, AIR 1957 Punj. 20
The Excise Commissioner banned the sale of liquor at the Lumsden Club but not at other clubs which were in similar position. The order was
quashed as there was unjust discrimination. There could be a situation where discretion though conferred subject to a standard or policy, may be
exercised in disregard of the policy. If so, it can be challenged under Art. 14.
THIRD ELEMENT: ARBITRARY STATE ACTION :Art. 14 out-laws arbitrary administrative action. When there is arbitrariness in state
action, Art. 14 springs into action and the courts strike down such action. Arbitrary state action infringes Art. 14. A very fascinating aspect of
Art. 14 which the courts in India have developed over time is that Art. 14 embodies “a guarantee against arbitrariness” on the part of the
Administration.
As the Supreme Court has observed in Royappa: “from a positivistic point of view, equality is antithetic to arbitrariness.” Any action that is
arbitrary must necessarily involve the negation of equality. Abuse of power is hit by Art. 14.The authority endowed with a power must free itself
from political interference. The new orientation being given to Art. 14 by the courts has been explained by BHAGWATI, J., in Bachan Singh v.
State of Punjab. Rule of law which permeates the entire fabric of the Indian Constitution excludes arbitrariness.
“Wherever we find arbitrariness or unreasonableness there is denial of rule of law.” Art. 14 enacts primarily a guarantee against arbitrariness
and inhibits state action, whether legislative or executive, which suffers from the view of arbitrariness. “Every state action must be non-arbitrary
and reasonable. Otherwise, the Court would strike it down as invalid.”

(a) RIGHT OF HEARING


In some cases, the Courts have insisted, with a view to control arbitrary action on the part of the administration, that the person adversely
affected by administrative action be given the right of being heard before the Administration passes an order against him. It is believed that

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such a procedural safeguard may minimise the chance of the Administration passing an arbitrary order. Thus, the Supreme Court has
extracted from Art. 14 the principle that natural justice is an integral part of administrative process.

Art. 14 guarantees a right of hearing to the person adversely affected by an administrative order. As the Supreme Court has observed in the case
noted below,“Theaudialterampartemrule, in essence, enforces the equality clause in Art. 14 and it is applicable not only to quasi-judicial bodies
but also to administrative orders adversely affecting the party in question unless the rule has been excluded by the Act in question.”Maneka
Gandhi is an authority for the proposition that the principles of natural justice are an integral part of the guarantee of equality assured by Art. 14.

(b) JUDICIAL DISCRETION:

Discretion vested in a judicial officer exercisable on the facts and circumstances of each particular case may not amount to a denial of equal
protection unless “there is shown to be present in it an element of intentional and purposeful discrimination.”

1. Budhan v. State of Bihar, AIR 1955 SC 191 : (1955) 1 SCR 1045.The discretion of judicial officers is not arbitrary as the law provides for
revision by superior courts of orders passed by subordinate courts

2. Jagmohan Singh v. State of Uttar Pradesh, AIR 1973 SC 947 : (1973) 1 SCC 20. The discretion given to the judge to sentence an accused
convicted of murder either to death or to imprisonment for life is not invalid under Art. 14. The judge has to balance all the aggravating and
mitigating circumstances of the case and record his reasons in writing for awarding lesser punishment.

GRANT OF BENEFITS BY THE STATE : A welfare state has wide power to regulate and dispense leases, licenses, contracts, etc. The modern
state is a source of great wealth and, therefore, questions often arise whether it is bound by any norm in dispensing its largess. In India, it is now
well established that in dispensing its largess, the state is expected not to act as a private individual but should act in conformity with certain
healthy standards and norms.

Erusian Equipment and Chemicals Ltd. v. State of West Bengal, AIR 1975 SC 266 : (1975) 1 SCC 70.“The state need not enter into any
contract with anyone, but if it does so, it must do so fairly without discrimination and without unfair procedure.”

Asiatic Labour Corp. v. Union of India, AIR 1983 Guj.86; Durga Associates, Raipur v. State of
U.P., AIR 1982 All 490.

Every action of the government must be informed with reason and should be free from arbitrariness because government is always a
government.

Centre for Public Interest Litigation v. Union of India, (2000) 8 SCC 606 : AIR 2001 SC 80.Award of contract by the Government of India to
a private party for development of medium size oil fields was challenged through a public interest litigation on the ground of non-application of
mind. But the Court rejected the contention because on facts the contention was not substantiated. The Court also ruled that whether the oilfield
was to be developed by the Oil and Natural Gas Commission on a stand alone basis was a matter of policy and the Court would not interfere
with the same. If the Court is satisfied that there have been “unreasonableness, mala fide, collateral considerations” in awarding a contract then
the Court can quash the award of contract. As to the agreed price for purchase of oil extracted from the oil field in question, the Court said that
this was a highly “technical and complex” problem and the Court was not qualified to probe into this matter

e)"The contribution of Rs.1 from the public exchequer cannot be dubbed as illusory so as to invalidate the acquisition".
Critically analyse the concept of eminent domain.

A. ORIGIN :
 The expression “eminent domain seems to have been first used in 1625 by the international jurist Hugo Grotius in his work „De Jure Belii ac
Pacis‟, now it is accepted principle of constitutional law in almost all important countries
 The Government „s sovereign authority to seize private property for public use must be subjected to payment of just compensation originated
at English common law and appeared in America as early as the seventeenth century
B. MEANING:
 Doctrine of „Eminent domain‟ means the supreme power of the king or the government under which property of any person can be taken
over in the interest of general public.
 Eminent Domain is power of the sovereign to acquire property of an individual for public use without the necessity of his consent.
 It is based on two maxims namely saluspopuli supreme lexesto which means that the welfare of the people is the paramount law and
necessita public major estquan, which means that public necessity is greater than the private necessity
C. INDIA : .
 The power of the State to take private property for public use and consequent right of the owner to compensate now emerge from the
constitution of India.
 In entry 42 list III of seventh schedule under Indian Constitution, both union and States government are empowered to enact laws relating
to acquisition of property.
 The use of eminent domain power for land acquisition is also justified when the public purpose in question can be served by only a
specific piece of land, which has no substitute.
D. CASE LAWS:

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In ChiranjitLal v. Union of India, Supreme Court held that the eminent domain is the inherent right in every sovereign State to take and
appropriate the private property belonging to an individual for public purpose. The State under its police power also regulates the use and
enjoyment of private property. The police power can, however, be distinguished from eminent domain power. While under police power, State
merely regulates the use and enjoyment of property; under the eminent domain, State can take the property from the owner for public use

The Supreme Court in Sooraram Reddy v. Collector, Ranga Reddy District, has articulated the following grounds for review of this power: (i)
malafide exercise of power; (ii) a public purpose that is only apparently a public purpose but in reality a private purpose or collateral purpose;
(iii) an acquisition without following the procedure under the Act; (iv) when the acquisition is unreasonable or irrational; (v) when the
acquisition is not a public purpose at all and the fraud on the statute is apparent.

E. Eminent Domain and the Land Acquisition Act


One of the most significant statute concerned with the exercise of the right of eminent domain in India was the Land Acquisition Act, 1894.

Land Acquisition Act, 1894 :Under the 1894 statute there were broadly two forms of recognised expropriation:

one, acquisition for public purpose for governmental use, and two, forced transfer of land from private individuals to corporations for the latter‟s
commercial use. In the case of acquisitions intended to benefit companies, a special procedure was prescribed in Part VII of the Land
Acquisition Act, which incorporated additional safeguards to ensure that governments don‟t abuse their avowed power of eminent domain.

F. Property rights and the state

 Earlier Right to Property is a Fundamental Right under the list of freedoms = Article 19(1)(f) + Article 31, which provided that state can
acquire properties of individual for the public purpose by paying compensation to the landowner, provided such acquisition was backed by
suitable legislation.
 In 1978, Parliament enacted the 44th amendment to the Constitution = deleted Article 19(1)(f) and Article 31, and made the right to
property to a mere non-fundamental status. Why ? Government need to carry upon land reforms to set right the inequalities among the
farmers.
 But did it achieve the real purpose of deleting FR? No. By citing “public purpose”= both the Union and the various State governments have
routinely acquired land for the benefit of private industry or rich, often at grave costs incurred by small farmers.
G. The latitude of „public purpose‟”:
CONCEPT OF EMINENT DOMAIN : State , for PUBLIC PURPOSE, can acquire private properties by paying nominal
compensation.

Preposterous Judgements of SC :

 “the contribution of Rs.1 from the public exchequer cannot be dubbed as illusory so as to invalidate the acquisition” / Even 1
rupees is good as compensation for the landowner. You cannot challenge it.2ManubhauiJehtalal Patel V. State of Gujarat.

 Acquiring Land for Diamond Industry/ park is not bad; as it would generate a “good deal of foreign exchange” and would
create “employment potential”. PRATIBHA NEMA & ORS V. STATE OF M.P. & ORS

But this time, SC HELD THAT = the government‟s acquisition of land in singur for the purported use by Tata Motors Limited to construct a
car factory, they held, was in violation of the procedural mandates of the Land Acquisition Act, 1894.KedarNathYadav v. State of West Bengal.

Justice Gowda‟s ruling, Government attempt amounts to colourable exercise of power. “Such an acquisition, if allowed to sustain,” he wrote,
“would lead to the attempt to justify any and every acquisition of land of the most vulnerable sections of the society in the name of „public
purpose‟ to promote socio-economic development.”

GOOD THING :Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 (LARR Act) =
repeals the 1894 ACT. To whittle down this new legislation,

Tamil Nadu, Rajasthan and Gujarat, among others = legislating a new law = permit takings even in the absence of a direct public purpose.

In other States such as Telangana, plans to delete requirement of consent when acquiring property for private companies so long as the
acquisition is for a public purpose.

CONCLUSION : After all, in every state where a right to property is considered sacrosanct, those classes of people without property have little
to benefit from. But what we have today in India is a selective preservation of property rights, where the least advantaged amongst us also bears
the greatest burden in terms of relinquishing ownership of land. No reasonable theory of justice can validate this terrifying anomaly.

2
“the contribution of Rs.1 from the public exchequer cannot be dubbed as illusory so as to invalidate the acquisition”.

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LAWXPERTSMV PREMIUM TEST SERIES 2017.

EVALUATION REPORT FOR TEST 1- FOR XXX .


COMPONENTS REMARKS

RELATING THE QUESTIONS TO CURRENT AFFAIRS REQUIRES SERIOUS IMPROVEMENT

CONCEPTUAL CLARITY REQUIRES IMPROVEMENT

WRITING THE REQUIRED ANSWER NEEDS LITTLE MORE CONCENTRATION

PRESENTATION AVERAGE

HANDWRITING(LEGIBILITY) LEGIBLE – CAN BE IMPROVED

USING TOOLS OF PRESENTATION: POINTS, BULLETIN, CHARTS ETC MODERATE

WISDOM TO LEAVE THE UNKNOWN ANSWERS REQUIRES IMPROVEMENT

SCORE : 85/150

QUESTION WISE ANALYSIS

QUESTION NO. REMARKS MARKS SCORED

1 a) Good attempt- but kindly link your answer to current affairs X/10

b) Good Attempt- improve presentation clarity use tabular column or point wise writing X/10

c) Avoid giving generalized answer- Try remembering landmark dates X/10

And few important articles

d) Good attempt X/10

e) Have deep conceptual understanding X/10

2 a) Require serious improvement on concept X/10

b) Good attempt X/15

c) Good attempt X/15

4 a) Exceptional

b) Read more and write apt answer X/10

c) Be in tune with recent case laws – UPSC shoots them as questions X /20

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LAWXPERTS. WEEK 1 : MISSION IAS : 2017 16TH JANUARY TO 22ND JANUARY 2017

DATE SUBJECT PORTIONS REFERENCES


16.01.17 CONSTITUTIONAL LAW
Constitution and Constitutionalism: The distinctive features of the 1. Our notes. Module 1.1 and
Constitution. 1.2 on CL

Objectives : Secondary :
A. Understanding the differences between constitution and
constitutionalism 2. M.P.JAIN : Chapter 1 :
B. Preamble concentrate on
C. Written and Modern Constitution constitutionalism and
D. Nature of Polity federalism part.
E. Federalism
3. J.N.PANDEY : Chapter 3 on
The distinctive features of the Constitution : Part 2 :Other features as nature of Indian Constitution :
prescribed by other eminent constitutional experts Important.

4. D.D.BASU (Shorter version) :


Chapter 3. Glance through
whole chapter.
17.01.17 CONSTITUTIONAL LAW Fundamental Rights
A. Definition of State Our notes : Module 2 + 2.1.A
B. Art. 13 Secondary : Same as above.
C. Doctrine of Eclipse
D. Doctrine of Severability
E. Judicial Review
F. Fundamental Rights : Right to equality – Part I : ART.14

18.01.17 CONSTITUTIONAL LAW Fundamental rights: Right to equality – Part II


Our notes :Module 2.1.B.
1. Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth. Art.15. Secondary : Same as above.
2. Equality of opportunity in matters of public
employment.Art.16.
3. Abolition of Untouchability. Art.17.
4. Abolition of titles. Art.18.
5. Current Affairs.
6.

19.01.17 CONSTITUTIONAL LAW Fundamental Rights:


1. PIL Our notes : Module 2.2
2. Legal aid
3. Legal services authority Secondary : Same as above.
Inclusive of Current Happenings.
20.01.17 INTERNATIONAL LAW United Nations: Its principal organs, powers, functions and
reform. Our Notes: Module 8.1 and 8.2 on
IL
 United Nations General Assembly
 United Nations Security Council Secondary :
1. Malcolm Shaw. Chapter 22.
2. Dr.S.K.Kapoor.Chapter 33.

21.01.17 INTERNATIONAL LAW International Court of Justice Module 8.3 on IL


A. Introduction
B. Composition Secondary :
C. Jurisdiction 1.Malcolm Shaw. Chapter 19.
D. Other issues 2.Dr.S.K.Kapoor.Chapter 38.
Current Affairs
22.01.17 COMPETITION LAW Competition law – an overview Our notes on Competition law.
And Current Affairs
Secondary :
1. Avatar Singh
2. T.Ramapa

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LAWXPERTSWEEK 2 : MISSION IAS : 2017 23RD JANUARY TO 29TH JANUARY 2017

DATE SUBJECT PORTIONS REFERENCES


23.01.17 INTERNATIONAL LAW Nature and Definition of International Law:
Our Notes: Module 1.1 on IL
1. Origin of IL
2. Nature and definition of IL Secondary :
3. International Law Today (Scope)
4. Including currents events. 3. Malcolm Shaw. Chapter 1.
4. Dr.S.K.Kapoor.Chapter 2,3.

24.01.17 INTERNATIONAL LAW Nature and Definition of International Law: Module 1.2 on IL

Sources of International Law : Secondary :

i. Custom 1.Malcolm Shaw. Chapter 2.


 Introduction 2.Dr.S.K.Kapoor.Chapter 4.
 The material fact
 What is state practice?
 Opiniojuris
 Protest, acquiescence and change in customary law
 Regional and local custom
ii. Treaties
 General principles of law
 Equity and international law
iii. Judicial decisions
iv. Writers
v. Other possible sources of international law
vi. Hierarchy of sources and jus cogens
vii. Current events, if any.

25.01.17 INTERNATIONAL LAW Relationship Between International law and Muncipal Law Module 2 on IL
 All the theories
 Indian practice. Secondary :
 Recent case laws for Indian practices. 1.Malcolm Shaw. Chapter 4.
2.Dr.S.K.Kapoor.Chapter 7.
26.01.17 INTERNATIONAL LAW State Recognition : Module 3.A on IL
 Recognition of states and of governments
 De facto and de jure recognition Secondary :
 Premature recognition 1.Malcolm Shaw. Chapter 9.
 Implied recognition 2.Dr.S.K.Kapoor.Chapter 11.
 Conditional recognition
 Collective recognition
 Withdrawal of recognition
 Non-recognition
 The legal effects of recognition
 Internationally
 Internally
 The UK
 The USA
 Indian policy and practice of Recognition.
 Current Events

27.01.17
Fundamental rights: Right to freedom Part-I : ART.19 Our notes : Module 2.3.A
CONSTITUTIONAL LAW

Secondary :
5. M.P.JAIN : Chapter 24
6. J.N.PANDEY : Chapter 9

28.01.17 Our notes :Module 2.3.B


CONSTITUTIONAL LAW
Fundamental Rights: Right to freedom Part-II : ART 20 AND 22
Secondary :
1. M.P.JAIN : Chapter 25 AND 27
2. J.N.PANDEY : Chapter 12

29.01.17 CONSTITUTIONAL LAW Fundamental Rights: Right to freedom Part-II : ART 21 Our Notes: Module 2.3.C

Secondary :
1. M.P.JAIN : Chapter 26
2. J.N.PANDEY : Chapter

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LAWXPERTS. WEEK 3 : MISSION IAS : 2017 30TH JANUARY TO 05TH FEBUARY 2017

DATE SUBJECT PORTIONS REFERENCES

Our Notes: Module 11.1 on IL and


30.01.17 INTERNATIONAL LAW Fundamental principles of international humanitarian law - Module 11.2 on IL
International conventions and contemporary developments.
Secondary :
1.Malcolm Shaw. Chapter 21.
2.Dr.S.K.Kapoor.PART V.

31.01.17 INTERNATIONAL LAW Protection and improvement of the human environment: Module 15.1 on IL
International efforts. PART `1
 Secondary :
1.Malcolm Shaw. Chapter 15.
2.Dr.S.K.Kapoor.Chapter 27.
01.02.17 INTERNATIONAL LAW Protection and improvement of the human environment: Module 15.2 on IL
International efforts. PART II
Secondary :
1.Malcolm Shaw. Chapter 15.
2.Dr.S.K.Kapoor.Chapter 27.

02.02.17 CONSTITUTIONAL LAW Relationship between fundamental rights, directive principles Our notes : Module 3
and fundamental duties.
Secondary :
7. M.P.JAIN : Chapter 34
8. J.N.PANDEY : Chapter 18

03.02.17 INTERNATIONAL LAW Peaceful settlement of disputes


Our Notes: Module 9.1 and 9.2
on IL

Secondary :
Malcolm Shaw. Chapter 18.

04.02.17 INTERNATIONAL LAW Lawful recourse to force: aggression, self-defence, intervention Our Notes: Module 10.1 on IL
PART I
Secondary :
Malcolm Shaw. Chapter 20.

05.02.17 INTERNATIONAL LAW Lawful recourse to force: aggression, self-defence, intervention : Our Notes: Module 10.2 + Module
PART II + III 10.3 on IL

Secondary :
Malcolm Shaw. Chapter 20.

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LAWXPERTS. WEEK 4 : MISSION IAS : 2017 06TH FEBUARY 2017 TO 12TH FEBRUARY

DATE SUBJECT PORTIONS REFERENCES


06.02.17 WEEK 1-3 REVISION FOR TEST I N/A

TEST PORTIONS:

07.02.17 CONSTITUTIONAL LAW CONSTITUTIONAL LAW: TIMING : 7.30 PM- 9.15.PM


INTERNATIONAL LAW 1. Constitution and Constitutionalism: The
COMPETITION LAW distinctive features of the Constitution.
2. Fundamental rights (upto Art.22) - Public interest litigation;
Legal Aid; Legal services authority.
3. Relationship between fundamental rights,
directive principles and fundamental duties.

INTERNATIONAL LAW:
4. Nature and definition of international law.
5. Relationship between international law and municipal law.
6. State recognition.
7. Fundamental principles of international
humanitarian law - International conventions
and contemporary developments.
8. United Nations: Its principal organs, powers,
functions and reform
9. Protection and improvement of the human
environment: International efforts.
10. Peaceful settlement of disputes – different modes.
11. Lawful recourse to force: aggression, selfdefence,
intervention

COMPETITION LAW

08.02.17 INTERNATIONAL LAW New international economic order and monetary law: Our Notes: Module 14.1 and 14.2
1. WTO, on IL
2. TRIPS,
3. GATT Secondary :
4. IMF, Dr.S.K.Kapoor. PART IV
5. World Bank. Myneni ; International Economic
law

09.02.17 CONSTITUTIONAL LAW Constitutional position of the President and His relation with the Our notes : Module 4.1
Council of Ministers. PART I
Secondary :
9. M.P.JAIN : Chapter 3
10. J.N.PANDEY : Chapter 20

10.02.17 CONSTITUTIONAL LAW Constitutional position of the President and His relation with the Our notes : Module 4.2
Council of Ministers. PART II
Secondary :
11. M.P.JAIN : Chapter 3
12. J.N.PANDEY : Chapter 20

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11.02.17 CONSTITUTIONAL LAW Governor and his powers. PART I Our notes : Module 2.3.A

Secondary :
13. M.P.JAIN : Chapter 24
14. J.N.PANDEY : Chapter 9

Our notes : Module 2.3.B

12.02.16 CONSTITUTIONAL LAW Governor and his powers. PART II Secondary :


15. M.P.JAIN : Chapter 24
16. J.N.PANDEY : Chapter 9

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