Sunday, April 12, 2015

UPSC Preparation: Law optional tips by Sachin Sharma



1. I have done LL.B from Delhi University and it was my first year when I sincerely took up Civil Services Examination. Although Civils was my aim since my school days. I got the right platform for preparation when I entered Delhi University to pursue my LL.B. Fortunately the syllabus of LL.B of D.U was strikingly similar to that of the Law syllabus of the UPSC. I had the urge to study law from the beginning and when I started studying it, i found it very interesting and easy. Before opting law as an optional for CSE, i did a survey by asking friends and teachers regarding the scope of law as an optional. I met students who got through this exam with law as their option though they were not LL.B. This boosted my confidence and moreover i never found a student who has secured below average marks in Law. The syllabus of my college, my interest in law and the feedback which i got from the civils aspirant cemented my belief in Law and I took it.

2. Following are the subject wise books of law which aspirants should follow religiously:
a. Constitution – J N Pandey
b. Torts – R K Bangia/ Avtar Singh
c. Contract – Avtar Singh
d. Indian Penal Code – PSA Pillai’s Criminal Law
e. Public Int Law – Kapoor/ Gurdeep Bahari

3. Coaching plays an important role in preparation for CSE. But it is your own hard work which helps you reach the pinnacle of success. Coaching institutes will acquaint u with the syllabus. They can play an important role in deciding which topics could be left while preparing for the exam. They can provide you the notes on the aforementioned topics.





4. I personally feel that there is as such no problem so big so it that can stop you or demotivate you from preparing for this exam. I had the problems with regard to keeping pace with my college schedule and it was quite taxing, the semester exams needed proper hard work to get through. In the beginning I used to read a lot of books for CSE but with the passage of time I got this thing very clear in mind that reading numerous books will not let u crack UPSC but reading a few books with sincere devotion and hard work will definitely help.

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

INTRODUCTION

1. Why one could take law ??
I have done LL.B from Delhi University and it was my first year when I sincerely took up Civil Services Examination. Although Civils was my aim since my school days.
I got the right platform for preparation when I entered Delhi University to pursue my LL.B. Fortunately the syllabus of LL.B of D.U was strikingly similar to that of the Law syllabus of the UPSC.
I had the urge to study law from the beginning and when I started studying it, i found it very interesting and easy. Before opting law as an optional for CSE, i did a survey by asking friends and teachers regarding the scope of law as an optional. I met students who got through this exam with law as their option though they were not LL.B.
This boosted my confidence and moreover i never found a student who has secured below average marks in Law. The syllabus of my college, my interest in law and the feedback which i got from the civils aspirant cemented my belief in Law and i took it.
2.Following are the subject wise books of law which aspirants should follow religiously:
a. Constitutional Law – J N Pandey
b. Torts – R K Bangia/ Avtar Singh
c. Contract – Avtar Singh
d. Indian Penal Code – PSA Pillai’s Criminal Law
e. Public Int Law – Kapoor/ Gurdeep Bahari
f. Administrative Law – C.K. Takwani
g. Mercantile Law – Notes from a few guides(Ascent Publication)
h. Contemporary topics- Supreme Court judgements and use the Bare Act and possibly internet.

ROLE OF COACHING

Coaching plays an important role in preparation for CSE. But it is your own hard work which helps u reach the pinnacle of success. Coaching institutes will acquaint u with the syllabus. They can play an important role in deciding which topics could be left while preparing for the exam. They can provide you the notes on the aforementioned topics.

PROBLEMS DURING PREPARATION

I personally feel that there is as such no problem.. so big that it can stop you or demotivate you from preparing for this exam. I had the problems with regard to keeping pace with my college schedule and it was quite taxing, the semester exams needed proper hard work to get through. In the beginning I used to read a lot of books for CSE but with the passage of time I got this thing very clear in mind that reading numerous books will not let u crack UPSC but reading a few books with sincere devotion and hard work will definitely help.


ANSWER WRITING SKILLS



1. Read the question very carefully.. It may talk about Preamble and our constitutional values that are so close to our heart….but the question is on “Amendment powers of the Parliament”
2. Article 368 was amended to give unfettered powers of amendment to the parliament……was subject to Judicial Review.
3. Kesvananda bharti becomes important….we have to make observations made by Supreme court wrt the question at hand…..
4. Basic structure doctrine and that values which are essence of our society cannot be abrogated under any circumstance.
5. All points must answer the question …Note-making and practise answer writing will help you to write relevant portions without even thinking.As you very less time to think.



NOTE_MAKING

1.Read the syllabus …again and again…this would give you an idea as to what are the portions that you have left.
2.Some topics….Trial by media….could be tackled by writing one model answer….without reading it comprehensively…(500 words)…that is it….
3.Fundamental Rights and Supreme Court need to be covered up comprehensively.So mark a difference over the topics as to what would require what amount of time.
4.Do not read the whole book ….just cover the topics ..based on your judgement.
5.This will take 45 days….and then revise it thoroughly ..what you have prepared.


8 comments:

  1. Dear sir
    please give more information about law as a optional paper

    ReplyDelete
  2. sir what about the contemporary part?? how to prepare it??

    ReplyDelete
  3. Many people are suggesting MP Jain's book for constitutional law .
    Please clarify which book is to be read ?

    Sunil Bishnoi
    CLC DU

    ReplyDelete
    Replies
    1. mp jain is too heavy loaded with deep details of constitutional law which would be of no use when you will sit for your cse so donot read it it will consume your huge chunk of time.

      Delete
  4. M P Jain is the best book for UPSC and Judicial exams

    ReplyDelete
  5. how is V.N.shukla for constitutional law?

    ReplyDelete
  6. The right, experienced law firm will help you resolve all your marital and family cases as quickly as possible, at the lowest possible expense. learn more

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