Law optional Previous Paper Solution Hint

UPSC 2019, Part - 1

Note:
• All Model answer hint can be accessed progressively, Each Monday at
https://www.defactolaw.in/upsc-law-optional-solved-papers

• This Document is prepared for law optional student by Aditya Tiwari Sir, who
teaches law optional at De Facto IAS, Karol Bagh, Delhi. Formerly he taught
at Lukmaan IAS.
• Use this model answer hint as a guiding light for framing answers but before
that go through type of question asked and general framing of their answers.

• There is no one right answer for any question, you may write it differently
with all major aspect and demand of question being met.

PAPER -1
Part - A

1.(a). Discuss the doctrine of ‘Pith and substance relating to the distribution of legislative
powers between the Centre and the states with the help of landmark judicial decisions. (10
Marks)

Introduction

• Write how this doctrine is related to Distribution of legislative Power under our
constitutional Scheme

Body

• In short write doctrine of pith and Substance and its need in Indian context.
• Mention when the question related to this rule arises.
• State of Bombay And Another vs F.N. Balsara was the first important
judgment of the Supreme Court that took recourse to the Doctrine of Pith and
Substance.

Conclusion

• Cite case laws further supporting your argument

• Major case law that can be cited is Zameer Ahmed Latifur Rehman Sheikh v.
State of Maharashtra and Ors

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 Law optional Previous Paper Solution Hint
UPSC 2019, Part - 1

1.(b). The purpose of the office of the ‘Lokpal’ is not to adjudicate, but to provide regular
machinery for investigating grievances against the administration in a discrete and informal
manner.” Critically examine this statement by providing proper justification of the office of
the ‘Lokpal’ in India.

Introduction

• Write in brief meaning what lokpal actually means and its purpose
• Add how it took a long parliamentary process to get it enacted.

Body

• Go in detail of general provision of lokpal which supports the contention of

question
• Mention the procedure of complaint and there preliminary investigation method

Conclusion

• Conclude with how critical gaps in this regard have been filled.
• High Political office is prone to corruption as they represent state themselves
• Point out limitations or what you think this law have achieved so far

1.(c). “ ‘Audi alteram partem’, rule is a very flexible, malleable and adaptable concept of
natural justice to adjust the need for speed and obligation to act fairly.” Examine the
statement with the help of decided case-law.

Introduction

• Write the basis of This rule is common law and are based on precedent
• How it is core component of PNJ Principle

Body

• Discuss how this rule is flexible highlighting its different components.

• Write how it ensures speedy justice and balances need to act fairly
• Post decisional Hearing along with Menaka Gandhi Case can be cited as an
example of flexibility

Conclusion

• Use case law to support the fact that court have moulded relief in similar factual
matrix thus focussing on need to deliver justice fairly and speedily
• Write how it is mostly used in case of administrative machinery and the very
purpose of it to provide speedy justice

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 Law optional Previous Paper Solution Hint
UPSC 2019, Part - 1

1.(d). “The issue of Parliamentary-privileges has been a bone of contention and conflict
between the Parliament and the Judiciary.” Analyse this statement in the backdrop of
decided cases.

Introduction

• Discuss the parliamentary privilege meaning and purpose

• Write how it takes cue from British parliament and constitutional convention still
governs it

Body

• Go in detail point of conflict between them especially related to power to punish for
its contempt
• In re keshav singh case must be mentioned, a land mark case

Conclusion

• Write how these Conflict have been resolved and Parliamentary privilege is subject
to other provision of the constitution.
• Write court interpretation in resolution of this conflict

1.(e) “Right to Privacy is protected as an intrinsic part of life and personal liberty enshrined
under Article 21 of the Constitution of India.” Elucidate this statement in the light of the
decision of Justice K.S. Puttaswamy (Retd.) v. Union of India.

Introduction

• Write two three lines about Article 21 of the constitution

• Discuss the history of right to privacy have evolved

Body

• Write judgement of puttaswamy and good lines from it

• Discuss what court defined privacy means and how it is important
• Different aspect of privacy court went into by court, i.e informational privacy, bodily
privacy etc.

Conclusion

• Conclude with writing importance of judgement

• Argue how this judgment have firmly rooted privacy into Constitutional
Jurisprudence

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