Law Optional: Himanshu Verma IPS, Former IRS.
Himanshu’s strategy in his words!!!
Hi,
I have taken three attempts at Civil Services Exam and all with law optional. I had scored 290 marks in Law in CSE 2017 which was a very good score considering the performance of law optional last year. I will try to comprehensively cover my approach for Law in this answer.
Before starting, I would like to talk about the syllabus especially for the beginners (Please read the syllabus again and again and try to stick to heads mentioned in the syllabus because as such Law optional is very wide and cannot be completed if one attempts it without setting any boundary):
Paper 1 – Constitution, Administrative Law, International Law.
Paper 2 – Law of Torts, IPC, Law of Contracts, NI Act, Partnership Act, Sale of Goods Act, Contemporary Legal Developments including environmental law.
Paper 1 is relatively general in nature where you can afford to write answers without writing exact articles (though not recommended) but Paper 2 is hard core law where the space to fill answers with general provisions is limited. In Paper 2, you need to quote specific articles/sections with case laws to support your answers.
MATERIALS REFERRED FOR VARIOUS TOPICS:
Paper 1:
Constitution-
Constitution and Constitutionalism: The distinctive features of the Constitution. — A K Jain Dukki
Fundamental rights – Public interest litigation; Legal Aid; Legal services authority. — JN Pandey and AK Jain
Relationship between fundamental rights, directive principles and fundamental duties. — Dukki
Constitutional position of the President and relation with the Council of Ministers. — Pandey
Governor and his powers. — Pandey
Supreme Court and High Courts: (a) Appointments and transfer. (b) Powers, functions and jurisdiction. — Dukki
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. — Pandey and Dukki
Legislative powers, privileges and immunities. — Made notes from internet
Services under the Union and the States: Pandey
(a) Recruitment and conditions of services; Constitutional safeguards; Administrative tribunals. — Pandey
(b) Union Public Service Commission and State Public Service Commissions – Power and functions. — Bare Act
(c) Election Commission – Power and functions. — Pandey
Emergency provisions. — Pandey and Dukki
Amendment of the Constitution. — Internet and Dukki
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.
For 12–15, I would recommend reading question and answers given at the back of each chapter of AK Jain Dukki of administrative law. Read this part because 20–30 marks comes from this every year and content to be read is short and easy.
16. Ombudsman: Lokayukta, Lokpal etc — Didn’t read
International Law-
Nature and definition of international law. — Ak Jain Dukki
Relationship between international law and municipal law. — AK Jain Dukki
State recognition — Dukki and state
succession — Kapoor
Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive economic zone, high seas. — Dukki
Individuals: Nationality, statelessness; Human rights and procedures available for their enforcement. — Kapoor
Territorial jurisdiction of States, extradition and asylum. — Dukki and Kapoor
Treaties: Formation, application, termination and reservation. — Dukki and Kapoor
United Nations: Its principal organs, powers, functions and reform. — Dukki
Peaceful settlement of disputes – different modes. — Kapoor
Lawful recourse to force: aggression, self-defense, intervention — Dukki and Kapoor
Fundamental principles of international humanitarian law – International
conventions and contemporary developments. —Internet Read last year questions like difference between IHL and human rights and basic principles of IHL, also about various Geneva Conventions and Hague convention
Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear – non-proliferation treaty, CTBT. — Kapoor and read from internet
International terrorism, state sponsored terrorism, hijacking, international criminal court— Kapoor and internet
New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank. — Internet and last year questions
Protection and improvement of the human environment: International efforts — I read only Stockholm Declaration and Paris treaty 2015
Paper 2:
Law of Crimes
General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offences. —Gaur and internet
Kinds of punishment and emerging trends as to abolition of capital punishment. — Gaur and internet
Preparation and criminal attempt.
General exceptions.
Joint and constructive liability.
Abetment.
Criminal conspiracy.
Offences against the State.
Offences against public tranquility.
Offences against human body.
Offences against property.
Offences against women.
Defamation.
For 3–13, I had some notes which i used to read along with bare act. Bare act is must as i used to write provisions directly from bare act with minimum distortions in the language of sections.
14. Prevention of Corruption Act, 1988. — Just read sec 13(1)(d) from internet and Prevention of Corruption Amendment bill 2017
15. Protection of Civil Rights Act 1955 and subsequent legislative developments. Plea bargaining. — Internet
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.
Read Bangia for 1–12. It is more than sufficient.
13. Consumer Protection Act, 1986. — Google things like provisions of CPA 1986, amendment in 2002, three-tier structure in CPA, remedies provided in CPA, problems in CPA, Amendment bill 2018 etc.
Law of Contracts and Mercantile Law
Nature and formation of contract/Econtract.
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 agency.
Standard form contracts.
Read Bangia for 1–9 topics. It is more than sufficient.
10. Sale of goods and hire purchase. — I read from notes and bare act, you can refer AK Jain Dukki along with bare act.
11. Formation and dissolution of partnership. — I read from notes and bare act, you can refer AK Jain Dukki along with bare act.
12. Negotiable Instruments Act, 1881. — I read from notes and bare act, you can refer AK Jain Dukki along with bare act.
13. Arbitration and Conciliation Act, 1996. — Read only section 7 i.e arbitration agreement
Contemporary Legal Developments
Public Interest Litigation. — AK Jain dukki on Constitution
Intellectual property rights – Concept, types/prospects. — Read about Copyright Act, Patent act 1971 and its amendment in 2008, also about evergreening of patents, compulsory licensing, change in inventive step, what is invention and what isn’t, data exclusivity and patent term extensions, GI tag, trademark etc
Information Technology Law including Cyber Laws – Concept, purpose/prospects. — read PRS for IT Act 2000 and amendment in 2008
Competition Law- Concept, purpose/ prospects. — didn’t read
Alternate Dispute Resolution – Concept, types/prospects. — Google ADR, mediation, conciliation, arbitration, Lok adalats, legal aid, their benefits and shortcomings.
Major statutes concerning environmental law. — didn’t read
Right to Information Act. — Didn’t read
Trial by media. — google and AK Jain dukki chapter on FR (under article 19)
For CLD, try to google previous years questions.
How to cover syllabus?
As such syllabus is huge and you cannot cover each and every topic multiple times, so try to locate important topics in every area which you must revise in every reading. For example—
Constitution:
Position of President and Governor
Principle of natural justice and administrative discretion and delegated legislation
President’s rule
Amendment to the constitution
PIL
Relationship between FR and DPSP
Doctrines like pith and substance, colorable legislation etc.
International Law:
Nature, basis and source of IL
Relationship between international law and municipal law.
status of individuals
recognition
UN
UNCLOS 1982
peaceful settlement of disputes
Law of Torts:
Negligence
Defamation
Vicarious liabilty
IPC:
General exceptions particularly private defence
Sec 299 and 300
Sec 378, 383 and 390
Plea bargaining
Contract:
Sec 2, 6, 7, 8
Sec 10–25
Sec 27, 28
Sec 39, 55, 56
Sec 68–72
Sec 73, 74
Position of minor
Standard form contract
Diff between Contract of indemnity and guarantee
Discharge of surety
Types of agency
Ratification
Agent personally liable
revocation of agency
NI Act:
Sec 4,5,6,10,14,15,16,,47,48,50
Holder and Holder in due course— 8,9,20,36,42,46,53,58,118,120,121,122
Dishonour of cheque- Sec 130
Material alternation -87,20,49,125
Difference between assignment and negotiation
Sale of Goods Act:
Conditions and warranties
Passing of risk
Nemo dat quod non habet
Rights of unpaid seller
Sec 4,7,8,12–24, 26–30,45,46,47,49,50,54
Difference between sale and hire purchase
Partnership Act:
Sec 4,5,6,18,25,28,30,39–47,49,51,52,53,54,69
acid test of partnership
Position of minor
Holding Out
Dissolution of Firm
Effect of registration
Question Prediction: foresight of a reasonable man-
In CSE 2018, I had predicted around 150 marks out 500. It is very important to predict questions as you can improve your answer quality because you don’t have to think at the very moment and also you save some time for other questions.
You need to see the syllabus again and again to predict questions for example-
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.
The above heading has three topics, out of which UPSC had asked two in the previous two years so it was quite predictable that a question on Art 310 and 311 would be there in CSE 2018.
Likewise in IL, Continental shelf question time was predictable and next time there can be a question on innocent passage or right to hot pursuit, piracy.
Also, keep an eye on recent international developments like Nuclear treaty 2017 which was asked in CSE 2017.
Similarly, standard form contracts was very much predictable this time.
So basically you need to see last 3–4 years question papers of law to predict topics for next CSE .
How to write answers?
My approach would differ upon the space provided. If it is a 10 marker, i would try to stick to the theme of the question but if it is a 20 marker then i would try to locate the broad topic in which the question would fall and try to write as much as possible in the direction of the question.
I frequently use maxims like Lex non cogit ad impossibilia for Sec 56 ICA 1872 or nudo pacto non oritur actio for sec 25, doli incapax, salus populi est suprema lex etc etc. I would leave no chance of writing maxims.
Further, I always write the essentials of an offence, tort, or any section of any act. This shows that the writer has the basic knowledge required.
I try to write conclusion as per the demand of question and not general conclusion.
Prepare case laws for all the important topics particularly which are mentioned
in the syllabus.
You can see the checked copy of my only test which i wrote last year.
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