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Contemporary Legal Development - CLD Topic Wise PYQs

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33 views37 pages

Contemporary Legal Development - CLD Topic Wise PYQs

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© © All Rights Reserved
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com/forum

Contemporary Legal Developments| Public Interest Litigation

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 “The Supreme Court of India 5/ Q While the Apex Court was lauded for
in public interest litigation 5(C) taking initiative in some cases, it was
cases relating to COVID-19 criticized for failing to do so in
pandemic adopted a judicial others, prompting course correction
policy of non-interference into in a couple of matters. In the migrant
the policies of the crisis issue particularly, the Court
Government. “Elucidate with faced a barrage of criticism for
the help of decided cases. accepting the submissions of the
Centre at face value and taking
belated action by which time the
damage had already been done. Case
Laws: In re : distribution of essential
supplies and services during pandemic

2019 “Public Interest Litigation is 5/ Q Concept of Public Interest Litigation,


not the pill of all ills, it is the 5(C) Highlight the importance of PIL and
boon of the courts. However, how it has helped in making justice
it is also the duty of the court accessible to all and to ensure
to prevent its misuse.” equality before law with the help of
Elucidate. case laws: Hussainara Khatoon v.
State of Bihar (1979), MC Mehta v.
Daily UPSC Law Optional Mains free writing practice : https://www.lawxpertsmv.com/forum

Union of India (1988), Vishakha v.


State of Rajasthan (1997), Alakh Alok
Srivastva v. Union of India (2020).
2018 Public Interest Litigation 5/ Q Misuse/Abuse of PIL
(PIL) in India, of late, has 5(d)
been used not only to
represent the unrepresented
and weak but also to advance
the interest of others.
Comment on the recent
trends relating to the
application, use and misuse
of PIL in India.
2017 “Public Interest Litigation 15/ Q The expansive interpretation of 'life'
has played a very crucial role 7(b) in Article 21 with the help of PIL has
in protection of environment led to the development of
in India.” Elucidate and environmental jurisprudence in
illustrate with the help of India. Case Laws: M.C. Mehta vs
decided cases, Kamal Nath &Ors (2000), Virendra
Gaur And Ors v. State Of Haryana And
Ors (1994), Subhash Kumar v. State of
Bihar (1991), A.P. Pollution Control
Board v. Prof.M.V.Nayudu (Retd.) &
Others (1999),Vellore Citizens Welfare
Forum v. Union of India (1996)
2016 ---------------------------
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2015 “PIL writ petition cannot be 10/ Q PIL under Article 32


filed in the Supreme Court 5(b)
under Article 32 of the
Indian Constitution only if a
question concerning the
enforcement of
‘Fundamental Rights’ is
involved.” Comment.
2014 -----------------------
2013 In matters such as 25/ Q Explain under what circumstances,
enforcement of social, 7(b) apart from concerned parties, a third
economic, cultural or party has locus standi to move writ
political rights or civil petition before the High Court or,
liberties or gender concerns, Supreme Court; Concept of Public
courts in India have been Interest Litigation, Highlight the
inclined to apply relaxed importance of PIL and how it has
rules of standing or litigation helped in making justice accessible to
competence rather than all and to ensure equality before law
strict rules of locus. Discuss. with the help of case laws:
Hussainara Khatoon v. State of Bihar
(1979), MC Mehta v. Union of India
(1988), Vishakha v. State of Rajasthan
(1997), Alakh Alok Srivastva v. Union
of India (2020).
2012 "Public interest litigation is 30/ Q Concept of Public Interest Litigation,
not in the nature of 7(a) Highlight the importance of PIL and
adversary litigation but it is a how it has helped in making justice
Daily UPSC Law Optional Mains free writing practice : https://www.lawxpertsmv.com/forum

challenge and opportunity to accessible to all and to ensure


the Government and its equality before law with the help of
officers to make basic human case
rights meaningful to the
deprived and vulnerable
sections of community to
assure them social and
economic justice which is the
signature tune of our
Constitution." Discuss.
2011 -----------------------
2010 Public Interest Litigation has 30/ Q PIL has led to the development of
been a significant tool in 6(b) environmental jurisprudence in
protecting the environment. India. Case Laws: M.C. Mehta vs
Discuss with the help of Kamal Nath &Ors (2000), Virendra
cases. Gaur And Ors v. State Of Haryana And
Ors (1994), Subhash Kumar v. State of
Bihar (1991), A.P. Pollution Control
Board v. Prof.M.V.Nayudu (Retd.) &
Others (1999),Vellore Citizens Welfare
Forum v. Union of India (1996)
2009 -----------------------
2008 -----------------------
2007 -----------------------
2006 -----------------------
2005 -----------------------
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2004 -----------------------
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ANALYSIS OF PUBLIC INTEREST LITIGATION OF CONTEMPORARY LEGAL


DEVELOPMENTS FOR UPSC LAW OPTIONAL MAINS

• In past 20 years of UPSC Law Optional Mains exam questions on Public Interest
Litigation of Contemporary Legal Developments Law was asked in 8 years altogether
making 8 questions.
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

Contemporary Legal Developments Topic 2 | Intellectual Property Rights- Concept,


types/prospects.

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 1. “The grant of Patent implies that 20/ Q 6(a) Article 28 of TRIPS;
patentee has a right to exclude Section 48 of Patents
others from using the Act, 1970; Case Law:
invention.” Examine the Bayer Corporation &
implication of the above Ors. v. Union of India
statement with relevant (2009)
provisions of the Patent Act,
1970 and leading judgments.
2. “Laws are geared to protect the 15/ Q 7(b) Section 57 of the
right to equitable remuneration Copyright Act, 1957;
but life is beyond the material.” Case Law: Justice
In the light of the above Pradeep Nandrajog
statement, dwell on the Amar Nath Singh v.
dichotomy of economic rights Union of India (2005)
and moral rights under the
Copyright Act, 1957 and case
law on the point.
3. “The Intellectual property Right 15/ Q 8(b) SECTION 8: Control Of
and competition law generally Anti-Competitive
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work in tandem but often Practices in


become friends in Contractual Licences of
disagreement.” Elucidate the the TRIPS Agreement;
above statement by referring to Section 3 of The
the mandate of the TRIPS Competition Act 2002.
Agreement, 1995 and its
compliance under the
Competition Act, 2002.
2019 “In present time, there is a conflict 15 / Q 8(a) Section 52 of the
between the right to access to Copyright Act, 1957,
knowledge and copyright law.’’ Doctrine of Fair
Explain the statement in light of Dealing.
doctrine of fair dealing under the
copyright law.

2018 In spite of introduction and 5/Q5(e) The Copyright


recognition of Technological (Amendment) Act,
Protection Measures (TPMs), the 2012: Section 14,
digital copyright continues to be section 38B, section
unsafe and unsecured. Explain the 65A, Section 65B
impact of the 2012 Amendments to
the Copyright Act, 1957 on the
protection of digital copyright in
India.
2017 1. Discuss the various defences 5/ Q5(d) Section 52 of the
which can be pleaded by the Copyright Act, 1957.
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defendant in an action for


infringement of copyright under
the Copyright Act, 1957.
2. When does the infringement of 5/ Q 5 (e) Section 29 & 30 of
trademark occur? Discuss the Trademarks Act, 1999.
essentials of infringement of
trademark. Write down the acts
not constituting infringement of
registered trademark. Section 2(ja), Section
3. “An invention has to satisfy 2(ac), Section 2(l),
certain conditions in order to 15/Q 8(b) Sections 3 and 4 of the
get a patent.” Examine critically Patents Act, 1970 .
the statement.
2016 -----------------------
2015 Discuss various provisions of 15/Q 6 (c) Section 84 & 92 of the
Compulsory Licensing under Patents Act, 1970
Patents Act, 1970.
2014 Copyright is the right of the artist, 20/Q7(a) Section 51 of Copyright
author, producer of a film who have Act, 1957.
created a work by use of their
artistic skills.” Examine
infringement of copyright
particularly relating to video piracy
and the remedies available under
the law.
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2013 1. “Copyright exists in expression 5/ Q 5(c) Copyright Act, 1957.


but not in idea.” Discuss with the
help of provisions of Copyright
Act and case law.
2. Critically analyse the term 25/ Q6(b) Section 2(ja), Section
‘inventive steps’ as incorporated of Patents Act, 1970.
under the Patent (Amendment)
Act, 2005. Do you agree with the
present definition? Refer to
recent case law.
2012 -----------------------
2011 -----------------------
2010 The principle of ‘passing off in an 30 /Q 8(b) The Trade Marks Act,
action has been extended to the use 1999 does not define
of false trade description’. Explain “Passing Off”, however,
the conditions for a successful the Act denies the
passing off action and the defences registration of any
available to the Opposite party. trademark if the use of
the mark is prevented
in India by virtue of the
law of passing off and
enables an individual
to claim his rights
under the Act, even if
the mark is
unregistered.
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Case Laws: Reckitt &


Colman Ltd v. Borden
Inc; Yahoo inc. v. Akash
Arora
2009 ------------------------------
2008 “Intellectual property of whatever Q 8(a) Scope of intellectual
species is in the nature of intangible property rights in India
incorporeal property.” In the light of
this statement discuss the scope of
intellectual property rights in India.

2007 -----------------------------
2006 ------------------------------
2005 -------------------------------
2004 ------------------------------
2003 ------------------------------
2002 ------------------------------
2001 ------------------------------
2000 ------------------------------

ANALYSIS OF INTELLECTUAL PROPERTY RIGHTS- CONCEPT, TYPES/PROSPECTS OF


CONTEMPORARY LEGAL DEVELOPMENTS FOR UPSC LAW OPTIONAL MAINS
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

• In past 20 years of UPSC Law Optional Mains exam questions on Intellectual Property
Rights- Concept, types/prospects of Contemporary Legal Developments Law was asked
in 9 years altogether making 14 questions (2 Questions asked sometimes).

Therefore it’s an important topic which shall not be skipped.

• By glancing the above questions and identifying their core concepts we can observe the
following: Rights of Patent Holder, Economic and Moral Rights under Copyright
Act and Trademark infringement and passing off are the major concepts that
shall never be skipped while reading the Intellectual Property Rights- Concept,
types/prospects for UPSC Law Optional Mains.
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

Contemporary Legal Developments Topic 3 | Information Technology Law including


Cyber Laws- Concept, Purpose/Prospects

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 -----------------------
2019 Ascertainment of Jurisdiction is a 20/ Q 6(c) Section 46, 48, 75 of
big challenge under the cyber law. the Information
Elaborate the relevant legal Technology Act.
provisions of the Information
Technology Act along with various
tests applied by the Indian Courts.
2018 “E-governance represents a new 15/ Q 7(b) Adequacy of the
form of governance which needs Information
dynamic laws, keeping pace with Technology Act, 2000
the technological advancement.” in ensuring effective E-
Comment on the adequacy of the Governance in India.
Information Technology Act, 2000
in ensuring effective E-Governance
in India.
2017 ---------------------
2016 Explain the salient features and 15/ Q 8(b) Salient features of
your views on the Information Information
Technology Act, 2000 as amended Technology
in 2008 by the Information
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Technology (Amendment) Act, (Amednment) Act,


2008. 2008.
2015 ---------------------------
2014 1. “The procedure and 10/ Q 5(b) Procedure and
qualifications for appointment qualifications for
of chairperson and members of appointment of
Cyber Appellate Tribunal have chairperson and
been introduced to keep up the members of Cyber
standards of Justice.” Comment. Appellate Tribunal.
2. Cyber-terrorism is a well 20/ Q 8(c)
organized transborder criminal
act, hence a combined domestic
law supported by a Global Law
may help to address the
problem. Discuss.
2013 -----------------------
2012 -----------------------
2011 What is securing of digital signature 30/ Q 8(b) Section 15-18 of the
under the Information Technology Information
Act, 2000? State the duty of Technology Act, 2000
disclosure of the Certifying
Authority.
2010 Examine the legal recognition of 30/ Q 8(a) Legality of Digital
‘Digital Signature’ and explain the Signature and the
procedure for its registration under procedure for its
the Information Technology Act. registration under
Section.
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2009 ‘Information Technology-brought 30/ Q6(a) Critical analysis of


about by Computers, Internet and Information
Cyberspace- has posed new Technology Act, 2000.
problems in jurisprudence.’ In the
context of this statement, critically
examine how far our existing laws
are deficient in meeting these
challenges.
2008 “Cyber crime is a collective term Q 8(b) Chapter XI of
encompassing both ‘cyber Information
contraventions’ and ‘cyber offences’. Technology Act, 2000.
“ Explain this statement and discuss
the various offences enumerated in
the Information Technology Act,
2000.

2007 -----------------------
2006 -----------------------
2005 -----------------------
2004 -----------------------
2003 -----------------------
2002 -----------------------
2001 -----------------------
2000 -----------------------
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ANALYSIS OF INFORMATION TECHNOLOGY LAW INCLUDING CYBER LAWS- CONCEPT,


PURPOSE/PROSPECTS OF CONTEMPORARY LEGAL DEVELOPMENTS FOR UPSC LAW
OPTIONAL MAINS

• In past 20 years of UPSC Law Optional Mains exam questions on Information


Technology Law including Cyber Laws- Concept, Purpose/Prospects of Contemporary
Legal Developments Law was asked in 8 years altogether making 9 questions (2
Questions asked sometimes).
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

Contemporary Legal Developments Topic 4 | Competition Law- Concept,


Purpose/Prospects

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 “The Intellectual property Right and 15/ Q 8(b) SECTION 8: Control
competition law generally work in Of Anti-Competitive
tandem but often become friends in Practices in
disagreement.” Elucidate the above Contractual Licences
statement by referring to the of the TRIPS
mandate of the TRIPS Agreement, Agreement; Section 3
1995 and its compliance under the of The Competition
Competition Act, 2002. Act 2002.
2019 “The basic purpose of competition 20/ Q 8(c) Competition Law and
policy and the law is to preserve Policy
and promote competition as a
means of ensuring efficient
allocation of resources in an
economy.” Elucidate the statement
in the light of new economic
scenario in India.
2018
2017 How far is the Competition Act, 15/ Q 8(c) • Competition Act,
2002 an improvement over the 2002 versus the
Monopolies and Restrictive Trade Monopolies and
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Practices Act, 1969 (MRTP Act, Restrictive Trade


1969) with respect to abuse of Practices Act, 1969
dominant position? Discuss and (MRTP Act, 1969);
explain the relevant statutory • Under the MRTP
provisions. Act, no provision
for abuse of
dominant position
was defined.
pertinent.
• Section 4 of the
Competition Act,
2002.
2016 ---------------------------
2015 ---------------------------
2014 ---------------------------
2013 Competition Law in India has not 25/ Q 8(a) Critical Analysis of
achieved the result as was expected. Competition At, 2002.
Discuss the bottlenecks with which
it suffers and suggest the remedies
necessary to make it fruitful.
2012 -----------------------
2011 “Competition Law needs to have 30/ Q 7(a) Salient Features of
necessary provisions and teeth to Competition Act,
examine and adjudicate upon anti- 2002
competitive practices. Examine and
evaluate this statement in the
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content of the Competition act,


2002.
2010 The Competition Act is designed to 30/ Q 6(a) Salient Features of
prevent monopolies and unfair Competition Act,
trade practices against smaller 2002
competitors and consuming public.
Elucidate.
2009 -----------------------
2008 -----------------------
2007 -----------------------
2006 -----------------------
2005 -----------------------
2004 -----------------------
2003 -----------------------
2002 -----------------------
2001 -----------------------
2000 -----------------------

ANALYSIS OF COMPETITION LAW- CONCEPT, PURPOSE/PROSPECTS OF


CONTEMPORARY LEGAL DEVELOPMENTS FOR UPSC LAW OPTIONAL MAINS

• In past 20 years of UPSC Law Optional Mains exam questions on Competition Law-
Concept, Purpose/Prospects of Contemporary Legal Developments Law was asked in 6
years altogether making 6 questions.
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Contemporary Legal Developments Topic 5| Alternate Dispute Resolution- Concept,


Purpose/Prospects

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 “The parties cannot appeal against 15/ Q 6(c) Critical Analysis of the
an arbitral award as to its merits procedure for setting
and the court cannot interfere on its aside an Arbitral
merits.” Critically examine the Award; Highlights of
statement and also explain the Arbitration and
highlights of the Arbitration and Conciliation
Conciliation (Amendment) Act, (Amendment) Act,
2019. 2019
2019 1. “Alternative dispute resolution 15/ Q7(b) Article 39 A of
mechanism as provided under Constitution of India,
the Legal Service Authorities 1950; Section 19 &
Act, 1987 has played a pivotal Chapter VI-A of Legal
role in dispensation of justice to Service Authorities Act,
the needy persons.” Explain with 1987.
the help of legal provisions and
case law.
2. “Approximate justice with 15/ Q (b) Recent Developments
finality by the way of arbitration of alternative dispute
is against the basic principle of resolution system in
administration of justice in the India.
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courts.” Examine the statement


in the light of latest
developments of alternative
dispute resolution system in
India.
2018 Even though Section 89 of the Code 15/ Q 7(c) Section 89 of the Code
of Civil Procedure, 1908 provides of Civil Procedure,
for out of court settlement of civil 1908; Reasons for
disputes filed in a civil court, the failure to settle the
impact of such settlement through disputes through ADR
Alternative Dispute Resolution modes in India.
(ADR) appears to be poor. Analyse
the reasons for failure to settle the
disputes through ADR modes.
2017 ---------------------
2016 Highlight the important 15/ Q 7(a) Arbitration and
amendments made in the Conciliation
Arbitration and Conciliation Act, (Amendment) Act,
1996 by the Arbitration and 2015.
Conciliation (Amendment) Act,
2015.
2015 1. Discuss the various principles of 10/ Q 5(e) Section 30 of
‘mediation’. Arbitration and
Conciliation Act, 1996,
Principles of
‘mediation’
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2. “An ‘Arbitration Agreement’ 20/ Q 7(a) Arbitration Agreement


with respect to existing
disputes, may or may not be in
the form of an Arbitration clause
in the main contract.” Explain.
2014 1. Arbitration as an alternate 10/ Q 5(c) Arbitration and
method of adjudication is Conciliation Act, 1996.
acceptable to parties largely
irrespective of the fact that
access to court by the parties
has been curbed drastically
under the Arbitration and
Conciliation Act, 1996. Explain. Existing Loopholes in
2. “By and large Lok-Adalats have 10/ Q 8(b) Lok Adalat; Measures
failed in achieving the objects to curb the same.
for which they were created.”
Comment. And also suggest
some measures to make this
institution more effective.
2013 -----------------------

2012 -----------------------
2011 “Lok Adalats in India manifest the 15/ Q 5(d) Lok Adalat
purpose and objectives laid down in
Alternate Dispute Resolution
Schemes.” Discuss.
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2010 1. An impartial conciliator assists 30/ Q 7(a) Part III of Arbitration


the parties in resolving their and Conciliation Act,
dispute amicably. Discuss the 1996.
provisions of law relating to
conciliation.
2. Distinguish between ‘Foreign 30/ Q 7(b) Part II of of Arbitration
Award’ and ‘Conventional and Conciliation Act,
Award’. Discuss the procedure 1996: Procedure for
for the enforcement of ‘Foreign the enforcement of
Award’ with the help of case law. ‘Foreign Award’
2009 -----------------------------
2008 -----------------------------
2007 -----------------------------
2006 ----------------------------
2005 1. “In most cases reference to Q 8(a) Reference of Criminal
arbitration shuts out the Cases to Arbitration.
jurisdiction of the courts, except
as provided in the Act, and since
criminal courts cannot be
deprived of their jurisdiction to
try criminals, no criminal matter
can be referred to arbitration”.
Comment.
2. “In any event, adaptability and Q 8(B)
access to expertise are Advantages of
hallmarks of arbitration”. arbitration over
litigation
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Discuss the advantages of


arbitration over litigation.
2004 -----------------------
2003 How is an Arbitral Tribunal Q 8(b) Arbitration and
constituted? On what grounds and Conciliation Act, 1996.
under what procedure can an
appointment of an arbitrator be
challenged?
2002 ‘The Arbitration and Conciliation Q 8(b) Arbitration and
Act, 1996 contains provisions for Conciliation Act, 1996.
effective use of Arbitration as an
alternate model of justice.’ -Do you
agree? Explain your answer with
suitable illustrations.
2001 Define and explain “international Q 8(b) Section 7 of Arbitration
commercial agreement” and and Conciliation Act,
“arbitration agreement” under the 1996.
Arbitration and Conciliation Act,
1996.
2000 -----------------------

ANALYSIS OF ALTERNATE DISPUTE RESOLUTION- CONCEPT, PURPOSE/PROSPECTS OF


CONTEMPORARY LEGAL DEVELOPMENTS FOR UPSC LAW OPTIONAL MAINS
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

• In past 20 years of UPSC Law Optional Mains exam questions on Alternate Dispute
Resolution- Concept, Purpose/Prospects of Contemporary Legal Developments Law
was asked in 12 years altogether making 17 questions (2 Questions asked sometimes).

Therefore it’s an important topic which shall not be skipped.

• By glancing the above questions and identifying their core concepts we can observe the
following: Procedure for enforcement and setting aside of arbitral awards,
Amendments to the Arbitration and Conciliation Act, 1996, Lok Adalats are the
major concepts that shall never be skipped while reading the Alternate Dispute
Resolution- Concept, Purpose/Prospects for UPSC Law Optional Mains.
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Contemporary Legal Developments Topic 6 | Major Statutes Concerning


Environmental Laws

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q. No.
2020 Discuss the access and benefit 5/ Q 5(b) Sections 3, 4, 6, 7 and
sharing (ABS) law provided under 21 of the Biological
the Biodiversity Conversation Act, Diversity Act, 2002.
2002 with special reference to
adjudication of biodiversity
disputes and jurisdiction of the
National Green Tribunal.

“The Environment (Protection) Act, 15/ Q 8(c) Salient features of The


1986 is an umbrella legislation to Environment
not only protect and improve the (Protection) Act, 1986.
environment but to prevent and
control of pollution.” Comment and
analyse.

2019 “The National Green Tribunal, 15/ Q 6(b) Analysis of Case Laws
which was established for effective by National Green
and expeditious disposal of cases Tribunal.
relating to environmental
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protection and conservation of


forests and other natural resources,
has played a pivotal role in the
recent past in this regard.” Examine
the statement with reference to
pronouncements given by the
National Green Tribunal.
2018 ‘Sustainable Development’ has been 15/ Q 6(c) Recognition and
accepted as a balancing concept application of the
between ecology and development. principle of sustainable
Discuss the recognition and development under the
application of this principle under laws relating to
the laws relating to environment environment
protection in India. protection in India.
2017 Discuss the constitution, 20/ Q 6(a) Section 3, Section 4,
jurisdiction, powers and authority Section 14, Section 19
of National Green Tribunal. How far of National Green
has it been successful in achieving Tribunal Act, 2010.
its objectives? Explain with the help
of recent cases.
2016 ---------------------------
2015 Write a note on impact of noise 10/ Q 5(d) Impact of noise
pollution on the health of the pollution on the
people. people’s health.
2014 The doctrine of “Public Trust” as 15/ Q 7(b) Notion of Public Trust
propounded by Supreme Court has Doctrine in Indian
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worked as an instrument for Environmental


protection of Environment in India. Jurisprudence; Article
Discuss. 48A of the Indian
Constitution.
2013 -----------------------
2012 -----------------------
2011 “The Rise of Environmental Crimes 30/ Q 7(b) Absence of adequate
in spite of Environmental punitive methods of
Legislations is due to absence of sentencing in
adequate punitive methods of Environmental laws.
sentencing.” Discuss.
2010 -----------------------
2009 -----------------------
2008 The “precautionary principle” and Q 7(b) “Precautionary
the “polluter pays principle” are the principle” and the
parts of the environment law of this “Polluter pays
country. Explain in the light of principle”; Case law:
decided cases. Indian Council for
Enviro legal Action v.
Union of India (2011),
Vellore Citizens Forum
v. Union of India
(1996)
2007 -----------------------
2006 -----------------------
2005 -----------------------
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2004 -----------------------
2003 -----------------------
2002 -----------------------
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2000 -----------------------

ANALYSIS OF MAJOR STATUTES CONCERNING ENVIRONMENTAL LAWS OF


CONTEMPORARY LEGAL DEVELOPMENTS FOR UPSC LAW OPTIONAL MAINS

• In past 20 years of UPSC Law Optional Mains exam questions on Major Statutes
Concerning Environmental Laws of Contemporary Legal Developments Law was asked
in 8 years altogether making 9 questions (2 Questions asked sometimes).
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Contemporary Legal Developments Topic 7 | Right to Information Act

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 Discuss the rationale of exemption 15/ Q 7(c) Section 8 of the Right
to disclosure of information to Information Act,
endangering life and the 2005.
information regarding criminal trial
and criminal investigation provided
under the Right to Information Act,
2005 in the light of decided cases.
2019 “Pragmatic regime of right to 5/ Q 5(e) Analysis of Anjali
information for the citizens is the Bharadwaj v. Union of
key to good governance in India, but India (2019).
it is not being implemented in its
original spirit.” Examine it in the
light of decision of the Supreme
Court of India in Anjali Bharadwaj v.
Union of India, February 2019.
2018 ---------------------
2017 “Notwithstanding transparency of 15/ Q 7(c) Section 8 of the Right
governance, certain informations to Information Act,
have been exempted from 2005.
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disclosure under the Right to


Information Act, 2005.” Discuss the
relevant provisions and limitation
on the disclosure of information.

2016 “The Right to Information Act, 2005 15/ Q 6(a) Critical analysis of
was enacted in order to promote Right to Information
transparence and accountability on Act, 2005.
the working of every public
authority.” How far has this goal
been achieved by the Right to
Information Act, 2005 in the last 10
years? Critically analyse your
answer with the support of
exceptions and case law.
2015 ---------------------------
2014 ---------------------------
2013 “An attempt by all political parties 25/ Q 7(a) Analysis of attempt
to bring amendments to the RTI Act, by the government to
2005 is to sabotage the steps amend the Right to
towards transparency of Information Act,
governance in this country.” 2005.
Critically evaluate the statement.
2012 -----------------------
2011 A Central Government Medical 30/ Q 6(b) Section 8 of the Right
Research institute in collaboration to Information Act,
with an MNC used a drug on 2005.
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experimental basis on humans for


curing cancer. Some of the patients
died due to this drug. In order to
sue for compensation for such
victims and violation of right to
privacy, Mr. X, a relative of a
deceased patient sought
information through the
instrumentality of Right to
Information Act. The information
was refused on the ground that it
affects the contracting power of the
Central Government with foreign
companies and violates trade
secrets too. Decide.
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Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

ANALYSIS OF RIGHT TO INFORMATION ACT OF CONTEMPORARY LEGAL


DEVELOPMENTS FOR UPSC LAW OPTIONAL MAINS

• In past 20 years of UPSC Law Optional Mains exam questions on Right to Information
Act of Contemporary Legal Developments Law was asked in 6 years altogether making
6 questions.
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

Contemporary Legal Developments| Trial by Media

Previous Year Question paper analysis – Lawxpertsmv India

YEAR QUESTION MARKS/ CONCEPT


Q.No.
2020 -----------------------
2019 -----------------------
2018 Trial by media appears to be an 15/ Q 8(b) Impact of Media Trial
affront to the concept of free and fair on administration of
trial in criminal cases, apart from criminal justice; Article
being a kind of contempt of court in 19(1)(a) of
certain cases. Analyse the impact of Constitution of India,
trial by media on the administration 1950; Case Laws: Manu
of criminal justice in general and on Sharma v State of Delhi
stakeholders in particular. (2010)( Jessica Lal
Case), Nupur Talwar v
Central Bureau of
Investigation (2012)
(Arushi Talwar Case),
Sushant Singh Rajput
Death Case (2020).
2017 ---------------------
2016 “Though there is no law for media 15/ Q 6(b) Article 19(1)(a) of
trial, however, in freedom of Constitution of India,
expression and speech under 1950; Case Laws:
fundamental rights, media has the Priyadarshini Mattoo
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

freedom to express its views based Case (2007), Manu


on evidence. This trial has no Sharma v State of Delhi
authority before the court of law.” (2010)( Jessica Lal
Critically examine the statement Case), Nupur Talwar v
with case law. Central Bureau of
Investigation (2012)
(Arushi Talwar Case),
Sushant Singh Rajput
Death Case (2020).
2015 ---------------------------
2014 Judiciary in India is impartial, hence 20/ Q 6(c) Article 19(1)(a) of
cannot be influenced by internal or Constitution of India;
external factors. In the light of this Constitutionality of
discuss how far media transgresses Media Trials
its limit and attempts to influence
the judicial process.
2013 -----------------------
2012 "During high publicity court cases, 20/ Q 8(a) Article 19(1)(a) of
the media are often accused of Indian Constitution;
provoking an atmosphere of public Freedom of Press
hysteria akin to a lynch mob which versus Right to Privacy
not only makes a fair trial nearly & Right to Fair Trial;
impossible but means that the Contempt of Courts
regardless of the result of the trial Act, 1971 and under
the accused will not be able to live Articles 129 and 215
the rest of his life without intense
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

public scrutiny." How would you


reconcile the "freedom of the press"
and the "individual's right to privacy
and right to a fair trial"? Do you think
that trial by media amounts to
"contempt of court" and needs to be
punished?
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ANALYSIS OF TRIAL BY MEDIA OF CONTEMPORARY LEGAL DEVELOPMENTS FOR UPSC


LAW OPTIONAL MAINS
Daily UPSC Law Optional Mains free writing practice :https://www.lawxpertsmv.com/forum

• In past 20 years of UPSC Law Optional Mains exam questions on Trial by Media of
Contemporary Legal Developments Law was asked in 4 years altogether making 4
questions.

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