UPSC Law Syllabus – How to Prepare for UPSC Law Optional?

Law as an optional subject in UPSC Civil Services Mains examination is gaining acceptance these days. Even those who haven’t done a graduation in law are opting for the same and most of them have succeeded in their attempt, thus inspiring others to take up the challenge. Since the sources to study Law optional are limited, this is a sincere effort to help those who are interested in the subject to learn Law. Before going to the detailed UPSC Law Syllabus, we will look into the advantages of taking Law as an optional subject.

Why Law as an optional for UPSC Mains?

The benefits of taking up law as an optional subject are that,

• Law is the inevitable subject that you must learn for attempting General Studies Paper 2.

• Even for General studies Paper 3 and 4, a basic understanding of law can help you score better.

• Further, once you get an appointment as Assistant Collector, Assistant Commissioner of police or an IFS officer, understanding in law will become necessary and of immense help.

To be specific, learning Constitutional Law & Administrative law can help you to give better answers in General Studies paper 2 containing Indian polity and Governance portions.

International law can equip you to have a broad understanding of International Relations and treaties signed by countries, again beneficial for general Studies paper 2.

In every topic of General studies Paper 3, we come across a number of legislations, rules, regulations and policies, thus studying Law as an optional is an added advantage to perform well in your General studies section of the Mains and Prelims exams.

In addition, updating on ‘Contemporary Legal developments’, a topic in the UPSC Mains Law Syllabus, can help you to nurture your Current Affairs study to a greater extent.

The common buzz about Law optional is the vastness in its syllabus that demotivates even lawyers to take it as their optional. But, this is a misapprehension as the portion doesn’t include procedural laws (a villain for most of the law students). Constitutional Law, Administrative law, International Law, Criminal law, Contracts law, law of torts are the major topics to be learned which is hardly half of the portions an LLB graduate learns at his college.

UPSC Law Syllabus for Law Optional 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

UPSC Law Syllabus for Law Optional 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/Econtract.

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. Arbitration and Conciliation Act, 1996.

12.  Arbitration and Conciliation Act, 1996. Standard form contracts.

13. Standard form contracts.

14.  Contemporary Legal Developments

15.  Public Interest Litigation.

16. Intellectual property rights – Concept, types/prospects.

17. Information Technology Law including Cyber Laws – Concept, purpose/prospects.

18. Competition Law- Concept, purpose/ prospects.

19. Alternate Dispute Resolution – Concept, types/prospects.

20. Major statutes concerning environmental law.

21. Right to Information Act.

22. Trial by media.

So, how to prepare UPSC Law optional?

The first step to planning your strategy for any UPSC optional subject is to analyse Previous Year UPSC Question Papers on the topic. If you go through atleast 10 years past UPSC question papers, you can observe that UPSC follows a definite pattern. This analysis will help you to pin down certain areas of importance, where they repeatedly ask questions on.

Secondly, get hold of Bare Acts and Basic textbooks you studied at your college for your Law Optional Preparations. Be thorough with the Sections especially with respect to Law Paper II. Make notes and mindmaps on each Act. We will provide you essential notes, sample questions, model answers and important links to be read on each topic in the best comprehensive way possible. Before that, the following are the standard textbooks that are to be read for each topic.

Thirdly , Revise and revise basic concepts, practice writing with the help of previous year questions papers.  Given below are the list of  standard textbooks that are to be read for each topic.

UPSC Law Optional Paper 1 – Books to Refer

• Constitutional Law:

– Introduction to Constitution of India by D D Basu  is an excellent book to start with.

– Indian Constitutional Law by MP Jain must be read especially for topics like Fundamental rights – Public interest litigation, Relationship between fundamental rights, directive principles, and fundamental duties etc.

– For the topic on Ombudsman: Lokayukta, Lokpal etc.,refer to the relevant report of the Second Administrative Reform Commission

• Topics related to Administrative law can be read from Administrative Law by I P Massey 

• International Law can be managed with Dr. S K Kapoor’s International Law textbook or H O Aggarwal on International Law and Human Rights. International Law by Malcolm Shaw can be used as a reference book.

UPSC Law Optional Paper 2 -Books to Refer

• Criminal Law: The most favored textbook for the subject are Criminal Law, Cases and Materials by K D Gaur and P S A Pillai’s Criminal law. The topic on Plea bargaining is incorporated in Cr.P.C amendments and 142nd Law Commission Report.

• Law of Torts and Consumer Protection: Dr. R K Bangia’s book on Law of Torts is the best option available.

• Law of Contracts and related laws: Avatar Singh’s book on Law of Contracts would meet the purpose.

• Indian Partnership Act, Negotiable Instruments Act, Arbitration & Conciliation Act, Prevention of Corruption Act 1988, Protection of Civil Rights Act 1955, Sale of Goods Act, Information technology Act, Competition Act, Basics of IPR ,Right to Information Act etc. can be studied using bare Act and analyzing previous year question papers.

UPSC Law Optional : Reference sites and materials for Preparation

Constitutional Law : Indian Constitutional Law Blog

International Law : International Law Blog

Contemporary Legal developments : Live Law

Law and other things

DU case materials is a good source to write relevant answers in all the topics under Law Paper 1 and 2.

UPSC Optional Subjects -Examination Pattern

Question papers are divided into two Sections. In UPSC Law Optional Paper 1, the first section has questions from Constitutional and Administrative law. The second section contains questions from International Law.

In UPSC Law Optional Paper 2, the first section has questions from Criminal law, Law of Torts, Prevention of Corruption Act and Protection of Civil Rights Act. The other section of Paper 2 consists of questions from Contracts, Indian Partnership Act, Negotiable Instruments Act, Arbitration & Conciliation Act, Sale of Goods Act, Information technology Act, Competition Act, Basics of IPR, Right to Information Act etc.

In both papers, Question no. 1 and Question no.5 are compulsory, which are subdivided into 5 questions of 10 marks each. Out of the rest, 3 have to be attempted in both Paper 1 and paper 2. Out of 3, at least, one has to be from each Section.

How to write answers for UPSC Law Optional?

Here are some tips to improve your answers.

Firstly, Read the question carefully, understand the keywords and write answers to the question rather than beating around the topic asked.

Secondly, depending upon the question, you can either write the answer in paragraphs or in bullet points. For example, if you are asked to compare two sections, you can give the answer either in table format or in bullet points.

Thirdly, write case laws and sections wherever possible, especially don’t forget to give case laws for those questions that specifically ask for it.

Fourthly, If possible, try to refer/ compare with practices of other legal systems such as US, UK, Canada etc.

Fifthly, underline those key points or words that you have written to gain the attention of the examiner.

Lastly, keep yourself updated with the recent legal developments and judgments so as to give relevant answers to the questions.

The effort is yours, but we can make your effort more easy and fruitful.

Also read, Analysis of UPSC Law Optional Paper I