3 Important Solved UPSC Law Optional Ques.

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3-MOST IMPORTANT SOLVED-QUESTIONS FOR UPSC LAW OPTIONAL
PART OF FREE-WRITING PRACTICE | VISIT LAWXPERTSMV.COM/FORUM
QUESTION : "Like an ordinary paper contract, an electronic contract

is also primarily governed by the codified provisions of the Indian
Contract Act, 1872 as applicable to contracts in general." Explain the
statement highlighting the legal provisions relating to conclusion of
electronic contract”
PREVIOUSLY ASKED IN UPSC 2020 LAW OPTIONAL
SYLLABUS OF UPSC LAW OPTIONAL : Topic 1 : Law of the Contracts. Nature and
formation of contract/E-contract.
CONCEPT OF E-CONTRACT : The concept of e-contract is now an accepted form of

entering into contract.1 The Internet is a unique marketplace, any computer connected
to the Internet can access website and conclude an e-contract. The contractual
obligations exist between the offeror and the offeree in an electronic/e-commerce
market.
• The electronic contracts are governed by basic principles provided in the Indian
Contract Act, 1872. Section 4 of the IT Act gives legal recognition to electronic
records..
•
• Electronic contract is only valid if it meets the requirement of contract. The
essentials for a valid contract are that there must be a valid offer and its
acceptance, means consensus between the contracting parties.
SECTION 10-A : Under the provisions of the Information Technology Act, 2000
particularly Section 10-A, an electronic contract is valid and enforceable, which states
as follows:-.
Section 10-A: Validity of contracts formed through electronic means:-

Where in a contract formation, the communication of proposals, the acceptance
of proposals, the revocation of proposals and acceptances, as the case may be,
are expressed in electronic form or by means of an electronic record, such
contract shall not be deemed to be unenforceable solely on the ground that such
electronic form or means was used for that purpose."
1
M/S Santkripa Trading Co. ... vs Bank Of Baroda, And Another on 11 September, 2013
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FORMATION OF E-CONTRACTS
EMAIL : Offers and WEBSITE : Seller offering AGREEMENT : Users need to

acceptances can be goods and services. Buyer agree to something for
exchanged entirely by purchase the same by availing of the certain
e-mail, or in alterative. ordering. On accepting the services e.g. clicking on “I
order, seller is bound by the accept” while connecting
contract. software or clicking on “I
agree” while signing up for
an email account.
TYPES OF AGREEMENT
• Shrink-wrap agreements are usually the licensed agreement applicable in
case of software products buying. It will have the terms and conditions
enforced through agreement.
• Click- wrap agreements are web based agreements which require the
assent or consent of the user by way of clicking “I Agree’ or “I Accept” or
“Ok” or “I have satisfied with all conditions and I am ready to enter”
button on the dialog box.
• An agreement made intended to be binding on two or more parties by the
use of website can be called a browse wrap agreement.
HOW TO SIGN E-CONTRACT : One has to opt for digital signature. Section 2(p) of IT
Act defines digital signature as an authentication of any electronic record by a
subscriber by means of an electronic method or procedure as per section 3 of IT Act.
However, this is not widely prevalent.
FORMATION OF CONTRACT THROUGH EMAIL : E-Contracts can be entered into

through modes of communication such as e-mail, internet and fax. The only essential
requirement to validate an E-Contract is compliance with the necessary pre-requisites
provided under the Indian Contract Act, 1872.
Formation of contracts online via emails has been recognized and given validity to by
the Indian courts time and again. In the decision reported in 2010(1) - SCALE - 57
(Trimex International FZE Limited, Dubai vs. Vendata Aluminium Ltd.), the parties
thoroughly agreed to the terms of the contract via emails.
The Hon'ble Supreme Court upheld the validity of this contract and further held as
follows:-
"Once the contract is concluded orally or in writing, the mere fact that a formal contract has to
be prepared and initiated by the parties would not affect either the acceptance of the contract
so entered into or implementation thereof, even if the formal contract has never been
initiated."
It has been held that e-mails exchanged between parties regarding mutual obligations
constitute a contract. Section 16 (3) of Indian Contract Act provides that where a person
proposes certain terms to the other and other party accepts the same by clicking on it, it
is bound by all terms so proposed by the proposer.
REMEDIES OF BREACH OF E-CONTRACTS : There are no special remedies for e-

contract. This is because the e-contracts are treated in par with normal contracts.
Therefore same remedies for breach of contract applies for e-contracts also.
150 DAYS PLAN TO COMPLETE UPSC LAW STARTS FROM 23RD APRIL 2021
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OPTIONAL 2021
QUESTION : “The intellectual property right and competition law generally

work in tandem but often become friends in disagreement." Elucidate the above
statement by referring to the mandate of the TRIPS Agreement, 1995 and its
compliance under the Competition Act, 2002.
PREVIOUSLY ASKED IN UPSC 2020 LAW OPTIONAL
SYLLABUS OF UPSC LAW OPTIONAL : Topic 2 & 4 of Contemporary Legal Developments.

2. Intellectual property rights – Concept, types/prospects.
4. Competition Law- Concept, purpose/ prospects.
This question can be divided into 3 Parts.
1. You have where they conflict with each other.

2. You have to say how IPR & Competition law work hand-in-hand.
3. You have to mention how the Competition Act complies with TRIPS.
Part 1 : You have where they conflict with each other.
Core aspect of IPR is
✓ giving exclusive right of monopoly over their inventions etc. &

✓ to exclude others from offering the same in the market.
Simply put IPR protects individual interest. This means that someone who has patent
over an invention or copyright over the book have the monopoly over that invention or
book. This exclusive right is given to encourage innovation and reward the inventor or
author.
Core aspect of Competition Law is
✓ To prevent abuse of dominant position or monopoly.

✓ Protect interest of the consumers.
Simply put, competition law protects the interest of the market and consumer.
Part 2 : You have to say how IPR & Competition law work hand-in-hand.
If we look the competition law closely, one can understand that it is not monopoly which
is prevented, rather the abuse of it. There is no harm in dominance of a monopoly holder
as long as it not abusive.
It has to be understood that such monopoly acquired by IPR law cannot be deemed
unlawful. IPR rights is to reward the inventor for making his work public and for
allowing society to access something which would otherwise have been unrevealed to
the world. Though, there is a perceivable conflict, however the same can be reconciled.
Fact is conflicts likely to arise only in a minority of cases – in which competition law
intervention may indeed be needed to promote the underlying common goal of
efficiency/consumer welfare. This has affirmed in multiple cases in Competition
Commission of India. Ultimately, we have to acknowledge the convergence of IPR &
competition law is complementary for achieving the consumer welfare.
Part 3: You have to mention how the Competition Act complies with TRIPS.
The Competition Act 2002 of India, under section 3(5), declares that its provisions will
not restrict the right of any person
• to restrain any infringement of, or
• to impose reasonable conditions,
as may be necessary for protecting any of his rights which have been or may be conferred
upon him under:
(a) the Copyright Act, 1957 (14 of 1957);

(b) the Patents Act, 1970 (39 of 1970);
(c) the Trade and Merchandise Marks Act, 1958 (43 of 1958) or the Trade Marks Act,
1999 (47 of 1999);
(d) the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of
1999);
(e) the Designs Act, 2000 (16 of 2000);
(f) the Semiconductor Integrated Circuits Layout-design Act, 2000 (37 of 2000)
This section makes the convergence of IPR & competition law regime possible.
CASE LAWS :
1. In the Aamir Khan Productions Pvt. Ltd. v. Union of India, the Bombay HC held
that CCI has jurisdiction to hear all the matters vis-à-vis competition law and IPR.
2. In Entertainment Network (India) Limited v. Super Cassette Industries Ltd, the
Supreme Court held that –
copyright holder has full
monopoly unless and until, it
does not violate competition
law. If it is in violation, licensed
will be refused. IPR owners
can enjoy the fruits of their
labour via royalty by issuing
licenses but the same is not
absolute.
3. In Union of India v. Cyanamide
India Limited &Another, when
the monopoly distributes
which disturbs the economic
efficiency viz., charging
excessive prices on life saving
drugs is within the jurisdiction
of Competition commission of
India.
QUESTION : “Nothing is an offence merely by reason of its being done with the
knowledge that it is likely to cause harm, if it be done without any criminal
intention to cause harm, and in good faith for the purpose of preventing or
avoiding other harm to person or property. Comment.
PREVIOUSLY ASKED IN UPSC LAW OPTIONAL
SYLLABUS OF UPSC LAW OPTIONAL : Topic 4 : General Exceptions under Law of Crimes.
1. Tricky part of this question is many would think that this question is a framed statement
based on Right to private defence.
2. Actually, this is a bare text of Section 81 of IPC. Verbatim.
3. So if you are writing any answer other than section 81,then, it would fetch no marks.
Section 81. Act likely to cause harm, but done without criminal intent, and to prevent
other harm.—
Nothing is an offence merely by reason of its being done with the knowledge that it is
likely to cause harm, if it be done without any criminal intention to cause harm, and in
good faith for the purpose of preventing or avoiding other harm to person or
property.
Explanation.— It is a question of fact in such a case whether the harm to be prevented

or avoided was of such a nature and so imminent as to justify or excuse the risk of
doing the act with the knowledge that it was likely to cause harm.
Illustrations
(a) A, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds
himself in such a position that before he can stop his vessel, he must inevitably run down a boat B, with
twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing
his course, he must incur risk of running down a boat C with only two passengers on board, which he
may possibly clear. Here, if A alters his course without any intention to run down the boat C and in
good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an
offence, though he may run down the boat C by doing an act which he knew was likely to cause that
effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse
him in incurring the risk of running down the boat C.
(b)A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does
this with the intention in good faith of saving human life or property. Here, if it be found that the harm
to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence.
ESSENTIAL ELEMENTS OF SECTION 81

Nothing is an offence:
(i) merely by reason of its being done with the knowledge that it is likely to
cause harm, if it be done without any criminal intention to cause harm, and
(ii) in good faith for the purpose of preventing or avoiding other harm to person
or property.
BASIS OF SECTION 81 : This section is based on

• quod necessitas non habet leegem - necessity knows no law

• necessitas vincit legem - necessity overcomes the law.
• When, on a sudden and extreme emergency one or the other of two evils is
inevitable, it is lawful so to direct events that the smaller only shall occur.
ELEMENT 1 : It is to be borne in mind that the defence of necessity can be pleaded only
where the accused has acted in good faith and without criminal intention.
Bishambher v. Roomal : X, an alleged molester of a girl was given blackened face and
shoe-beating. Panchayat members who had asked the X go through the same were held
to not to have criminal intention and was done to prevent beating of the mob.
DOCTRINE OF NECESSITY : This doctrine allows the law has to be broken to achieve a
greater good. See Illustration (a) and (b).
ELEMENT 2 : it should be shown that the act complained of was done in good faith in
order to prevent or avoid greater harm to the person or property of others.
Explanation attached to section 81 clarifies that whether the harm to be prevented or
avoided was of such a nature and so imminent as to justify or excuse is a question of
fact that the risk of doing the act with the knowledge that it was likely to cause harm.
CASE LAWS :
• X was threatening to commit breach of peace and Y, village magistrate –put an
restraint on him. Y is protected by Section 81. (Re Ramaswamy Ayyar)
• Drunken man with revolver was neutralized by the police. (Gopal Naidu v
Emperor)
KILLING OF ANOTHER HUMAN
X, thrown 16 male passengers into sea to prevent sinking of the ship after shipwreck. X
was held for manslaughter, not for murder. (United States v Holmes)
R v Dudley and Stephens : In the yacht, ‘Mignonette’, Dudley and Stephens killed the
cabin boy, who was weak and likely to die, so that they could eat his flesh and end their
starvation which lasted 8 days and the fact that land was 1000 miles away. They were
held liable for murder after been rescued.
Principles held :
• No person has a right to take another’s life to preserve his own.
• Self-preservation is not absolute necessity
• Because no necessity justifies homicide.
UPSC 2021 LAW OPTIONAL PLANNER
COMPLETING UPSC LAW OPTIONAL SYLLABUS IN 100 DAYS*
Learning Part 1 of Law of Contracts.

23 APRIL - 02 MAY
2021 Test 1
Completing Law of Crimes

03 -31 MAY 2021
Test 2-4
Doing 60% of Paper 1

01 - 16 JUNE
2021 Test 5
Finishing Off 90% of Paper 1

17 JUNE - 09 JULY
Test 6 & 7
2021
Completing Law of Torts

14 - 19 JULY 2021 Test 8-9
Finishing off | Part 2 of Contracts.

20-25 JULY 2021 Test 10
Revising Contemporary Legal Developments

26 JULY - 01 AUG
2021 Test 11
Finishing off | Few Topics of IL & P1

02-07 AUG
2021 Test 12
SECOND & THIRD REVISION OF UPSC LAW OPTIONAL WITH REMAINING

13 TESTS INCLUDING FULL-LENGTH TEST (UPSC SIMULATOR)
*106 days.
© Lawxperts. http://www.lawxpertsmv.com/ lawxpertsmv@gmail.com
LAWXPERTSMV INDIA WEEK : MISSION IAS : 2021 UPSC LAW OPTIONAL PLANNER
SEGMENT 1 : LET US START WITH LAW OF CONTRACTS | PART 1
DATE SUBJECT SYLLABUS MODULE
23rd APRIL LAW OF • Nature and formation of contract/E-contract – Agreement, Contract and Proposal M.1.1-1.2 LOC
2021 CONTRACTS • Offer and acceptance under Indian Contract Act
24TH APRIL LAW OF Consideration & Capacity to contract M.1.3. LOC

CONTRACTS
25TH APRIL LAW OF Consent M.2 LOC

CONTRACTS
26TH APRIL LAW OF Void, voidable, illegal and unenforceable M.3.LOC

CONTRACTS agreements.
27H APRIL LAW OF SAME

CONTRACTS REVISE : M1-3. LOC
28TH APRIL LAW OF Performance and discharge of contracts M.4. LOC

CONTRACTS
29TH APRIL LAW OF Quasi- Contracts M.5.LOC

CONTRACTS
30TH APRIL LAW OF Consequences of breach of contract M.6.LOC

CONTRACTS
1ST MAY LAW OF REVISE : M.4-6. LOC & ALL MODULES FOR TEST 1 SAME
CONTRACTS
2ND MAY LAW OF TEST 1 M.1-6 LOC.

CONTRACTS 1. Nature and formation of contract/Econtract – Agreement, Contract and Proposal ;
2. Offer, acceptance and Consideration. Capacity to contract
3. Factors vitiating free consent.
4. Performance and discharge of contracts
5. Quasi- Contracts
6. Consequences of breach of contract
SEGMENT 2 : LAW OF CRIMES | PART 1
3RD MAY 2021 LAW OF General principles of criminal liability : Crime definition, mens rea and Actus rea M.1.1. IPC
CRIMES
WHAT TO READ :
1) Definition of crime :
• Given by various eminent authors & approaches.
• How the Indian courts have defined the crime.
2) Stages of Crime: Intention, Preparation, Attempt & Commission - Meaning.
3) Elements of Crime: Fundamental Principle of Criminal Liability : Act without criminal
intention cannot be a crime.
• Actus Reus – Meaning, Definition under sec. 33 of IPC with expanding scope of Sec.32 &
other requirement of law.
• Mens Rea - Meaning, Mens rea Under IPC, Meaning of Intention & its difference with
Motive, Knowledge & Negligence.
• Criminal Liability of a Corporation.
4TH MAY LAW OF Stages of Crime + Preparation and Criminal Attempt M.1.2 + 3
CRIMES
WHAT TO READ :
1) Preparation under IPC.
2) Attempt Under IPC :
• What is an attempt?
• Attempt under Indian Penal Code.
• When does Preparation end & Attempt begin.
• Tests : 1. Proximity rule. 2. Doctrine of Locus Poenitentiae 3. Equivocality Test
5TH MAY LAW OF Mens rea in Statutory Offences M.1.3
CRIMES
6 TH MAY LAW OF Kinds of punishment and emerging trends as to abolition of capital punishment M.2.1-2.2 IPC
CRIMES
WHAT TO READ :
DIFFERENT TYPES OF PUNISHMENT UNDER SECTION 53 :
1) Death Sentence (DS):

a) Offences for which death sentence has been awarded under IPC – What are all the
Sections?
b) Procedure to be followed – when DS is awarded.
c) Constitutional Validity of DS – Cases to be referred :
➢ Bachan Singh V. State of Punjab
➢ Macchi Singh V. State of Punjab
d) Parameters so far evolved by SC for Imposition of DS Including “ Rarest of the rare”
doctrine.
e) Argue for & Against - DS
f) Current Affairs : Alternative to Hanging.
2) Imprisonment of Life (IOL)
a) Differentiate between IOL V. Rigorous imprisonment V. Simple Imprisonment.
b) Scope of Second Clause - Section 53
c) Is IOL equivalent to 20 years imprisonment ? Section 57 & Godse Case.
d) Commutation of IOL by Appropriate Government. Section 55 of IPC & Sec.433 of
CrPC.
DIFFERENT TYPES OF PUNISHMENT UNDER SECTION 53 : (cont)
1) Imprisonment:
a) Fourth clause of Section 53.
b) Principles differentiating Rigorous V. Simple Imprisonment.
2) Forfeiture of Property: Fifth clause of Section 53.
3) Fine : Sixth Clause of Section 53.
4) Solitary Confinement :
• Section 73 & 74
• SC remarks on Solitary Confinement in Sunil Batra V. Delhi Administration
5) Proposal of Reform : Inputs of Law Commission Reports : 5th , 14th, 42nd, 165th & Other
committees.
7 TH MAY LAW OF General Exceptions MODULE 4.1 + 4.2

CRIMES 1. Mistake (Ss.76,79)
2. Judicial Acts (Ss 77,78)
WHAT TO READ :
SCOPE OF THE TOPIC : Chapter IV - Section 76-106 of I.P.C.
1. Effect of General Exceptions.(G.E.)
2. Burden of Proof – how it operates – if Accused claims an G.E.
3. Standard of Proof : Accused Vs. Prosecution.
4. Mistake of Fact : Section 76 & 79
• Differentiate sec.76 & 79.
• Conditions to be satisfied to treat mistake as an extenuating factor.
• Mistake of Law Vs. Mistake of Fact.
5. Judicial Acts : Section 77 & 78.
• Object of Secs. 77 & 78
• Constituent elements to be satisfied.
1. Accident (S.80)
2. Neccessity (S.81)
WHAT TO READ :
Accident & Misfortune : Section 80 & 81
• Accident : Essential Ingredients of Sec. 80.
• Necessity : Essential Ingredients of Sec.81/ Doctrine of Necessity.
8 TH MAY 2021 LAW OF General Exceptions: MODULE 4.3

CRIMES 1. Infancy (Ss.82,83)
2. Insanity (S.84)
3. Drunkenness (Ss.85,86)
WHAT TO READ :
1. Infancy : Section 82 & 83.
• Difference bt. Sec. 82 & 83.
• Overview of Juvenile Justice Act, 2000 : Arrest, Trial & Sentencing.
2. Insanity : Section 84.
• Mad Man Maxims.
• M’naghten Case
• Kinds of Insanity
• When the accused should be insane.
3. Intoxication : Section 85 & 86.
• Difference bt. Sec.85 & 86. Involuntary & Voluntary drunkenness.
• Essential ingredients of these sections.
9 TH MAY LAW OF General Exceptions MODULE 4.4.

CRIMES 1. Consent(S.87-93)
2. Compulsion (S.94)
3. Trifles (S.95)
WHAT TO READ :
1. Consent & Compulsion : Sec. 87-94.
• What is consent ? Sec.90 defines in negative sense.
• Benevolent acts with or without consent : Sec. 88,89 & 92 & Exception : Sec.91.
• Communication made in Good Faith : Sec. 93.
• Compulsion by threats / Duress Per Minas : Sec. 94
2. Trivial Acts : Sec. 95.
• Maxim?
• Essential Ingredients.
10 TH MAY LAW OF General Exceptions : Private defence.(S.96-106)
CRIMES WHAT TO READ : M.4.5
SCOPE :
1. S.96: RIGHT OF RPD: Tells you when you have a right to private defence. (RPD)
2. S.97 : SCOPE OF RPD: Tells you what you can defend i.e., Your body and Property and
others too. And sec.99 explicitly enlist certain situations where you do not have that
right of private defence.
3. Against your body : when you have the right of private defence defined under Section 98.
4. Right of private defence against a deadly assault when there is risk of harm to innocent
person Section 106.
AGAINST BODY AGAINST PROPERTY
Circumstances Where RPD
extend to cause death. SECTION 100 SECTION 103
Circumstances Where RPD
extend to cause Voluntary SECTION 101 SECTION 1O4
causing Harm not death.
When RPD commences and SECTION 102 SECTION 105
continues.
11th MAY LAW OF Joint and Constructive Liability M.5 IPC

CRIMES
12TH MAY LAW OF Prevention of Corruption Act (with recent amendments) M.14 IPC
CRIMES
13TH MAY LAW OF Protection of Civil rights Act M.15 IPC
CRIMES
14 TH MAY LAW OF REVISE : POCA + PCRA SAME

CRIMES
15TH MAY TEST 2 : LAW OF CRIMES : 6.PM – 7.30 P.M.

LAW OF 1. General principles of criminal liability: Mens rea and actus reus,
CRIMES 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. Prevention of Corruption Act.
7. Protection of Civil rights Act.
SEGMENT 3 : LET US FINISH OFF | LAW OF CRIMES.
16TH MAY LAW OF CRIMES Abetment M.6. IPC
17TH MAY LAW OF CRIMES Criminal conspiracy M.7.IPC
18TH MAY LAW OF CRIMES Offences against the State. M.8
Offences against public tranquility. Part I + II

19TH MAY LAW OF CRIMES M.9
Offences against human body – PART I :

20TH MAY LAW OF CRIMES 1. Culpable Homicide M 10.1. IPC.
2. Murder
3. Causing death by Negligence
4. Dowry Death
21ST MAY LAW OF CRIMES Offences against human body – PART II : MODULE 10.2-3
1. Abetment of suicide
2. Attempt to murder, culpable homicide,suicide.
3. Thug
4. Miscarriage
Offences against human body – PART III: Hurt –Ss. 319-338
MODULE 10.4-5
22ND MAY LAW OF CRIMES • Offences against human body-PART IV : Of Wrongful Restraint and Wrongful
Confinement..Ss.339-348
• Offences against human body-PART V : Of Criminal Force and Assault. Ss.349-358
23RD MAY LAW OF CRIMES Offences against human body-PART VI : Kidnapping and Abduction MODULE 10.6
LAW OF CRIMES Offences against human body – PART VII- MODULE 10.7
24TH MAY 1. Rape.
2. Unnatural offences.
25TH MAY LAW OF CRIMES Test 3 :
Abetment 7.30- 9.30 Pm
Criminal conspiracy
Offences against the State.
Offences against public tranquility.
Offences against Human Body
26TH MAY LAW OF CRIMES Offences against Property : Theft – Extortion – Robbery - Dacoity MODULE 11.1
Offences against Property : Part 2 : Criminal Misappropriation of Property - Criminal

27TH MAY LAW OF CRIMES Breach of Trust - Receiving stolen Property – Cheating - Of Fraudulent deeds and M.11.2
Disposition of Property
28TH MAY LAW OF CRIMES Offences against Property : Mischief (Secs. 425-440) M. 11.3- 4
Offences against Property : Criminal Trespass (Secs. 441-462)
29TH MAY LAW OF CRIMES Defamation M.13.
30TH MAY LAW OF CRIMES PLEA BARGAINING. M.16
31ST MAY TEST 4 LAW OF CRIMES - FULL SYLLABUS – SUBJECT WISE TEST 7-10.00 PM
SEGMENT 4 : LET US BEGIN WITH PAPER 1
DATE SUBJECT PORTIONS REFERENCES
1ST JUNE CONSTITUTIONAL LAW Constitution and Constitutionalism: The distinctive features of the Module 1.1 -1.2 CL
Constitution.
Objectives :
A. Understanding the differences between constitution and
constitutionalism
B. Preamble
C. Written and Modern Constitution
D. Nature of Polity
E. Federalism
The distinctive features of the Constitution : Part 2 :Other features as

prescribed by other eminent constitutional experts
Fundamental Rights
2ND JUNE CONSTITUTIONAL LAW A. Definition of State Module 2 CL
B. Art. 13
C. Doctrine of Eclipse
D. Doctrine of Severability
E. Judicial Review
3RD JUNE CONSTITUTIONAL LAW Fundamental Rights : Right to equality – Part I : ART.14 Module 2.1.A-B CL
Fundamental rights: Right to equality – Part II
1. Prohibition of discrimination on grounds of religion, race, caste, sex or

place of birth. Art.15.
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.
4TH JUNE CONSTITUTIONAL LAW Fundamental Rights:

1. PIL Module 2.2
2. Legal aid
3. Legal services authority
Inclusive of Current Happenings.
5TH JUNE INTERNATIONAL LAW United Nations: Its principal organs, powers, functions and reform -
United Nations General Assembly + Security Council + ICJ Module 8.1-8.3 on IL

INTERNATIONAL LAW Nature and Definition of International Law: Module 1.1 on IL
6TH JUNE
1. Origin of IL
2. Nature and definition of IL
3. International Law Today (Scope)
4. Including currents events.
7TH JUNE INTERNATIONAL LAW Nature and Definition of International Law: Module 1.2 on IL
Sources of International Law :
i. Custom
▪ Introduction
▪ 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.
8TH JUNE INTERNATIONAL LAW Relationship Between International law and Muncipal Law Module 2 on IL
▪ All the theories

▪ Indian practice.
Recent case laws for Indian practices.
9TH JUNE INTERNATIONAL LAW State Recognition : Module 3.A on IL
▪ Recognition of states and of governments
▪ De facto and de jure recognition
▪ Premature recognition
▪ Implied recognition
▪ 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
10TH JUNE CONSTITUTIONAL Fundamental rights: Right to freedom Part-I : ART.19-22 Module 2.3.A-2.3.C
LAW

11TH JUNE INTERNATIONAL LAW Fundamental principles of international humanitarian law - International Module 11.1-2 on IL
conventions and contemporary developments. Part I-II
12TH JUNE INTERNATIONAL LAW Protection and improvement of the human environment: International efforts. Module 15.1-2 on IL
PART I-II
13TH JUNE CONSTITUTIONAL Relationship between fundamental rights, directive principles and Module 3
LAW fundamental duties.
14TH JUNE INTERNATIONAL LAW Peaceful settlement of disputes Module 9.1 and 9.2 on IL
15TH JUNE INTERNATIONAL LAW Lawful recourse to force: aggression, self-defence, Intervention Module 10.1-2 IL
16TH JUNE CONSTITUTIONAL LAW TEST 5 : PORTIONS: TIMING : 7.30 PM- 9.15.PM
INTERNATIONAL LAW
CONSTITUTIONAL LAW:
1. Constitution and Constitutionalism: The
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
17TH JUNE INTERNATIONAL LAW New international economic order and monetary law: Module 14.1-2 IL
1. WTO,
2. TRIPS,
3. GATT
4. IMF,
5. World Bank
18TH JUNE CONSTITUTIONAL LAW Constitutional position of the President and His relation with the Council Module 4.1-2 CL
of Ministers. PART I-II
19TH JUNE CONSTITUTIONAL LAW Governor and his powers. PART I-II Module 5.1-2 CL
20 TH JUNE CONSTITUTIONAL LAW SUPREME COURT - PART I-III Module 6.1-3 CL
21ST JUNE CONSTITUTIONAL LAW FUNDAMENTAL RIGHTS : RIGHT AGAINST EXPLOITATION : Module 2.4.- 2.5 CL
ART. 23. Prohibition of traffic in human beings and forced labour.
ART. 24. Prohibition of employment of children in factories,
Etc
22ND JUNE FUNDAMENTAL RIGHTS : RIGHT TO FREEDOM OF RELIGION :

1) ART. 25. Freedom of conscience and free profession, practice and
propagation of religion.
2) ART. 26. Freedom to manage religious affairs
3) ART. 27. Freedom as to payment of taxes for promotion of any
particular religion
4) ART. 28. Freedom as to attendance at religious instruction or
religious worship in certain educational institutions
23RD JUNE CONSTITUTIONAL LAW FUNDAMENTAL RIGHTS : CULTURAL AND EDUCATIONAL RIGHTS Module 2.6. CL
ART.29. Protection of interests of minorities
ART. 30. Right of minorities to establish and administer educational
institutions
24TH JUNE CONSTITUTIONAL LAW Centre, States and local bodies: (a) Distribution of legislative powers Module 7.1.-7.2 CL
between the Union and the States : PART I-II

25TH JUNE CONSTITUTIONAL Centre, States and local bodies: (c) Administrative relationship Module 7.3. CL
LAW among Union, State and Local Bodies
26TH JUNE CONSTITUTIONAL Centre, States and local bodies: (b) Local bodies + Centre, States Module 7.4 -7.5 .CL
LAW and local bodies: (d) : Eminent domain - State property - common
property - community property
27TH JUNE CONSTITUTIONAL AMENDMENT OF THE CONSTITUTION Module 11
LAW
28TH JUNE CONSTITUTIONAL EMERGENCY PROVISIONS Module 10
LAW
29TH JUNE INTERNATIONAL LAW LAW OF TREATIES : FORMATION, APPLICATION, TERMINATION Module 7.1. + 7.2
AND RESERVATION : PART I + II
30TH JUNE INTERNATIONAL LAW STATE SUCCESSION Module 3.B.1 AND 2
BEFORE WE BEGIN SEGMENT 5, YOU ARE REQUESTED TO FOCUS COMPLETELY ON PRELIMS 2021. WE SHALL RESUME OUR
PREPARATION AFTER JUNE 29TH 2021.

01ST JULY CONSTITUTIONAL Legislative powers, privileges and immunities – PART I-II Module 8.1-8.2 CL
LAW
CONSTITUTIONAL Recruitment and conditions of services; Constitutional Module 9.1.- 9.2 CL
02ND JULY LAW safeguards
Administrative tribunals
03RD JULY CONSTITUTIONAL Union Public Service Commission and State Public Service Module 9.3- 9.4 CL
LAW Commissions - Power and functions
Election Commission - Power and functions
04TH JULY TEST - 6 CONSTITUTIONAL LAW :

1. Constitutional position of the President and relation with the Council of
Ministers.
2. Governor and his powers
3. Supreme Court and High Courts: (a) Appointments and transfer. (b)
Powers, functions and jurisdiction.
4. 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
5. Legislative powers, privileges and immunities.
6. 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.
7. Emergency provisions.
8. Amendment of the Constitution
INTERNATIONAL LAW :
1. Treaties: Formation, application, termination and reservation.
2. state succession
05TH JULY CONSTITUTIONAL Writ Jurisdiction Under Art.32 and MISC Module 2.7
LAW
06TH JULY CONSTITUTIONAL Principles of natural justice - Emerging trends and judicial approach Module 12-13
LAW Delegated legislation and its constitutionality
07TH JULY CONSTITUTIONAL Separation of powers and constitutional governance Module 14-15 CL
LAW Judicial review of administrative action
08TH JULY CONSTITUTIONAL Ombudsman: Lokayukta, Lokpal etc Module 16

LAW
09TH JULY REVISE CONSTITUTIONAL LAW COMPLETELY24-

TEST 7 FULL SYLLABUS : SUBJECT WISE TEST : CONSTITUTIONAL LAW
10TH JULY CONTEMPORARY Major statutes concerning environmental law M.6. CLD
EVENTS
11TH JULY LAW OF TORTS • Nature and definition of law of Torts M.1 + 2.LOT
• Liability based upon fault and strict liability; Absolute liability
12TH JULY LAW OF TORTS • Vicarious liability including State liability M.3.-4 LOT
• General defences
13TH JULY LAW OF TORTS Joint tort feasors + Remedies M.5-6 .LOT

14TH
JULY TEST -8 LAW OF TORTS: 8.00-9.30PM
1. Nature and definition.
2. Liability based upon fault and strict liability; Absolute liab2ility.
3. Vicarious liability including State liability.
4. General defences.
5. Joint tort feasors.
6. Remedies
CONTEMPORARY LEGAL EVENTS :

Major statutes concerning environmental law.
15TH JULY LAW OF TORTS Negligence + Defamation. M.7+ 8.LOT
16TH JULY LAW OF TORTS Nuisance + Conspiracy. M.9 + 10.LOT
17TH JULY LAW OF TORTS • False imprisonment M.11.LOT

• Malicious prosecution M.12.LOT
18TH JULY LAW OF TORTS Consumer Protection Act. M.13.LOT
19TH JULY TEST -9 FULL SYLLABUS – LAW OF TORTS
20TH JULY LAW OF CONTRACTS • Contract of indemnity, guarantee and insurance M.7-8 L0C
• Contract of agency

21ST JULY LAW OF CONTRACTS • Sale of goods and hire purchase M.9-10.LOC
• Formation and dissolution of partnership
22ND JULY LAW OF CONTRACTS NEGOTIABLE INSTRUMENTS ACT M.11. LOC
23RD JULY LAW OF CONTRACTS Arbitration and Conciliation Act,1996 M.12.1. + 12.2 LOC
24TH JULY LAW OF CONTRACTS Standard form contracts M 13. LOC
25TH JULY TEST - 10 SUBJECT WISE : TEST : LAW OF CONTRACTS 7.00 PM – 10.00 PM
Intellectual property rights - Concept, types/prospects
26TH JULY CONTEMPORARY • Patents CLD 2.1 – 2.7
LEGAL • Copyright
DEVELOPMENTS • Trademark
• Current Affairs
27TH JULY CONTEMPORARY Alternate Dispute Resolution - Concept, types/prospects
LEGAL CLD 5.1 – 5.2
DEVELOPMENTS
28TH JULY CONTEMPORARY Information Technology Law including Cyber Laws - Concept, CLD 3.1-3.3
LEGAL purpose/prospects
DEVELOPMENTS
29TH JULY CONTEMPORARY Competition law CLD 4
LEGAL
DEVELOPMENTS

30TH JULY CONTEMPORARY Right to Information Act CLD 7.1 – 7.2
LEGAL DEVELOPMENTS
31ST JULY CONTEMPORARY Trial by media CLD 8

LEGAL DEVELOPMENTS
01ST AUG TEST – 11 CONTEMPORARY LEGAL DEVELOPMENTS CLD 1-8
02ND AUG INTERNATIONAL LAW Law of the sea: Inland waters, territorial sea, contiguous zone,
continental shelf, exclusive economic zone, high seas MODULE 4.1 – 4.2
03RD AUG INTERNATIONAL LAW Individuals: Nationality, statelessness; Human rights and MODULE 5.1- 5.2
procedures available for their enforcement
04TH AUG INTERNATIONAL LAW Territorial jurisdiction of States, extradition and asylum MODULE 6
05TH AUG INTERNATIONAL LAW Legality of the use of nuclear weapons; ban on testing of nuclear MODULE 12
weapons; Nuclear – non proliferation treaty, CTBT
06TH AUG INTERNATIONAL LAW International terrorism, state sponsored terrorism, hijacking, MODULE 13.1-4
international criminal court
FULL SYLLABUS HAS BEEN COMPLETED. TIME FOR MORE PRACTICE BY TAKING MORE TESTS.

07TH AUG TEST – 12 SUBJECT WISE : INTERNATIONAL LAW – FULL SYLLABUS M1-13
09TH AUG: TEST 13 : PAPER WISE - I : CONSTITUTIONAL LAW AND INTERNATIONAL LAW
11TH AUG : TEST 14: PAPER WISE – II : IPC + CONTRACTS + TORTS + CONTEMPORARY LEGAL DEVELOPMENT
IT IS TIME FOR 3RD REVISION WITH LAST 11 TESTS
13TH TOPIC-WISE CONSTITUTIONAL LAW: INTERNATIONAL LAW

AUG TEST 16 1. Constitutional position of the President and His relation with 7. Individuals: Nationality, statelessness; Human
the Council of Ministers. rights and
2. Governor and his powers. procedures
3. Eminent domain available for their enforcement
4. Local bodies 8. New international economic order and monetary
5. Centre, States and local bodies: (a) Distribution of legislative law: WTO,
powers between the Union and the States. (b) Local bodies. TRIPS, GATT, IMF, World Bank
(c) Administrative relationship among Union, State and Local 9. Legality of the use of nuclear weapons; ban on
Bodies testing of
6. Supreme Court and High Courts: (a) Appointments and nuclear weapons; Nuclear – non proliferation treaty,
transfer. (b) Powers, functions and jurisdiction. CTBT.
15TH TOPIC-WISE CONSTITUTIONAL LAW : INTERNATIONAL LAW:

AUG TEST 17 1. Ombudsman: Lokayukta, Lokpal etc. 1. Territorial jurisdiction of States, extradition and
2. Legislative powers, privileges and immunities asylum.
3. Principles of natural justice - Emerging trends and 2. Law of the sea: Inland waters, territorial sea,
judicial approach ;Delegated legislation and its contiguous
constitutionality zone, continental shelf, exclusive economic zone, high
4. Separation of powers and constitutional governance. seas and Miscellaneous Topics.
5. Judicial review of administrative action. 3. state succession
6. Emergency provisions. 4. Treaties: Formation, application, termination and
7. Amendment of the Constitution reservation
8. Services under the Union and the States: (a) Recruitment 5. International Terorism, State sponsored Terrorism,
and conditions of services; Constitutional safeguards; 6. Hijacking and ICC
Administrative tribunals Union Public Service
Commission and State Public Service Commissions -
Power and functions (c) Election Commission - Power
and functions.
17TH AUG SUBJECT-WISE TEST 18 CONSTITUTIONAL LAW | ALL TOPICS
19TH AUG SUBJECT-WISE TEST 19 INTERNATIONAL LAW | ALL TOPICS
21ST TOPIC-WISE CRIMINAL LAW: MERCANTILE LAW:Arbitration and Conciliation Act,

AUG TEST 20 1. General principles of criminal liability :Mensrea and 1996.
actusreus. Mensrea in statutory offences CONTEMPORARY EVENTS:
2. Preparation and criminal attempt 1. Alternate Dispute Resolution - Concept,
3. Kinds of punishment and emerging trends as to abolition of types/prospects.
capital punishment. 2. Intellectual property rights - Concept,
4. General exceptions. types/prospects.
5. Joint and constructive liability. 3. Right to Information Act.
6. Abetment. 4. Competition Law
7. Criminal conspiracy
8. Offences against the State.
9. Offences against public tranquillity
23RD TOPIC-WISE CRIMINAL LAW: LAW OF TORTS :

AUG TEST 21 1 Offences against human body. 1.Nature and definition.
2. Offences against property 2. Liability based upon fault and strict liability;
3. Offences against women. Absoluteliability.
4 Defamation. 3. Vicarious liability including State liability.
4. General defences.
LAW OF CONTRACTS : CONTEMPORARY LEGAL DEVELOPMENTS :
1. Formation and dissolution of partnership. 1. Alternate Dispute Resolution – Concept,
2. Negotiable Instruments Act, 1881. types/prospects.
3. Arbitration and Conciliation Act, 1996. 2. Major statutes concerning environmental law
4. Standard form contracts.
25TH AUG SUBJECT-WISE TEST 22 LAW OF CRIMES | ALL TOPICS
27TH AUG SUBJECT-WISE TEST 23 TORTS LAW | ALL TOPICS
29TH AUG SUBJECT-WISE TEST 24 CONTRACT LAW | ALL TOPICS
31ST AUG SUBJECT-WISE TEST 25 FULL-LENGTH TEST | PAPER 1 & 2

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3 Important Solved UPSC Law Optional Ques.

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3-MOST IMPORTANT SOLVED-QUESTIONS FOR UPSC LAW OPTIONAL

PART OF FREE-WRITING PRACTICE | VISIT LAWXPERTSMV.COM/FORUM

QUESTION : "Like an ordinary paper contract, an electronic contract

CONCEPT OF E-CONTRACT : The concept of e-contract is now an accepted form of

Section 10-A: Validity of contracts formed through electronic means:-

EMAIL : Offers and WEBSITE : Seller offering AGREEMENT : Users need to

FORMATION OF CONTRACT THROUGH EMAIL : E-Contracts can be entered into

REMEDIES OF BREACH OF E-CONTRACTS : There are no special remedies for e-

QUESTION : “The intellectual property right and competition law generally

SYLLABUS OF UPSC LAW OPTIONAL : Topic 2 & 4 of Contemporary Legal Developments.

This question can be divided into 3 Parts.

1. You have where they conflict with each other.

Core aspect of IPR is

✓ giving exclusive right of monopoly over their inventions etc. &

Core aspect of Competition Law is

✓ To prevent abuse of dominant position or monopoly.

(a) the Copyright Act, 1957 (14 of 1957);

Explanation.— It is a question of fact in such a case whether the harm to be prevented

ESSENTIAL ELEMENTS OF SECTION 81

BASIS OF SECTION 81 : This section is based on

• quod necessitas non habet leegem - necessity knows no law

Learning Part 1 of Law of Contracts.

Completing Law of Crimes

Doing 60% of Paper 1

Finishing Off 90% of Paper 1

Completing Law of Torts

Finishing off | Part 2 of Contracts.

Revising Contemporary Legal Developments

Finishing off | Few Topics of IL & P1

SECOND & THIRD REVISION OF UPSC LAW OPTIONAL WITH REMAINING

SEGMENT 1 : LET US START WITH LAW OF CONTRACTS | PART 1

DATE SUBJECT SYLLABUS MODULE

24TH APRIL LAW OF Consideration & Capacity to contract M.1.3. LOC

25TH APRIL LAW OF Consent M.2 LOC

26TH APRIL LAW OF Void, voidable, illegal and unenforceable M.3.LOC

27H APRIL LAW OF SAME

28TH APRIL LAW OF Performance and discharge of contracts M.4. LOC

29TH APRIL LAW OF Quasi- Contracts M.5.LOC

30TH APRIL LAW OF Consequences of breach of contract M.6.LOC

2ND MAY LAW OF TEST 1 M.1-6 LOC.

SEGMENT 2 : LAW OF CRIMES | PART 1

DATE SUBJECT SYLLABUS MODULE

DIFFERENT TYPES OF PUNISHMENT UNDER SECTION 53 :

1) Death Sentence (DS):

DIFFERENT TYPES OF PUNISHMENT UNDER SECTION 53 : (cont)

7 TH MAY LAW OF General Exceptions MODULE 4.1 + 4.2

8 TH MAY 2021 LAW OF General Exceptions: MODULE 4.3

9 TH MAY LAW OF General Exceptions MODULE 4.4.

11th MAY LAW OF Joint and Constructive Liability M.5 IPC

14 TH MAY LAW OF REVISE : POCA + PCRA SAME

15TH MAY TEST 2 : LAW OF CRIMES : 6.PM – 7.30 P.M.

SEGMENT 3 : LET US FINISH OFF | LAW OF CRIMES.

16TH MAY LAW OF CRIMES Abetment M.6. IPC

17TH MAY LAW OF CRIMES Criminal conspiracy M.7.IPC

18TH MAY LAW OF CRIMES Offences against the State. M.8

Offences against public tranquility. Part I + II

Offences against human body – PART I :

Offences against human body – PART III: Hurt –Ss. 319-338

Offences against Property : Part 2 : Criminal Misappropriation of Property - Criminal

SEGMENT 4 : LET US BEGIN WITH PAPER 1

DATE SUBJECT PORTIONS REFERENCES

The distinctive features of the Constitution : Part 2 :Other features as

Fundamental rights: Right to equality – Part II