STRATEGY FOR LAW OPTIONAL

-Preetesh Raman Singh

(AIR-205|CSE 2017)

I am going to discuss the essential book/resource list as well as my strategy for law optional in
detail:

1. CONSTITUTIONAL LAW:

 M.P. Jain on Constitutional law is an excellent book. Though prima facie it may look
huge but it has to be done selectively according to the prescribed syllabus. Few people
also prefer V.N. Shukla’s book.

 Case laws/landmark judgments are very crucial in constitution. Most of the articles have
been interpreted in detail by our Hon’ble Supreme Court of India in various cases. Thus
it is important to substantiate answers with case law. Try to maintain a separate note
book for case laws written topic wise. It needs to be handy for multiple revisions.

 As the trend has changed, thus try not to skip any topic in this subject. Because
sometimes even after doing international law diligently we are forced to attempt one
extra question from constitutional law only.

2. A DMINISTRATIVE LAW:

 Book by I.P. Massey is a good book. Again this book is thick and cost benefit is less.
There are five topics in administrative law. It is better to google them and supplement
the reading from the book.

 There is no need to remember all cases in this subject. Just try to remember one or two
important cases in topics like Principles of natural justice, Separation of Power and
Delegated legislation.

 If possible make concise notes of this part. Because in the end we are compelled to skip
this part entirely due to paucity of time. UPSC has started asking compulsory questions
from this part. For example, this year question on Judicial Review of administrative
action was compulsory.

3. INTERNATIONAL LAW:
  International law is very huge and confusing. There are various books and sources for
each and every topic. In this subject the challenge in not only to complete every given 15
odd topics but also to remember and recall them.

 Last few topics should be tried to read with current affairs. For example this year
question on provisions of Treaty on the Prohibition of Nuclear Weapons, 2017 was
asked in international law.

 Try to do past year questions on international law as most of the times questions are
repetitive.

For the benefit of readers I would deal this part in detail-

 Nature and definition of international law and Relationship between international law
and municipal law:- These two topics can be done from S.K. Kapoor and A K Jain
Dukki on international law. Handwritten classroom notes of Rahul IAS can also be
referred. Emphasis should be laid on important definitions, evolution and various
sources of international law. Theories of relationship between international and
municipal law especially what is followed in India should be remembered. Try also to
remember important case laws on sourced and theories of relationship.

 State recognition and state succession:- S K Kapoor and AKJ Dukki. Few portions of
state succession from Starke.

 Law of the sea: Inland waters, territorial sea, contiguous zone, continental shelf, exclusive
economic zone, high seas.:- Starke, AKJ Dukki and Rahul IAS handwritten classroom
notes

 Individuals: Nationality, statelessness; Human rights and procedures available for their
enforcement.:- Starke (nationality and statelessness), S K Kapoor(mainly for human
rights) and Rahul IAS handwritten classroom notes

 Territorial jurisdiction of States, extradition and asylum. :- Starke, Rahul IAS handwritten
classroom notes (extradition and asylum are very well written)

 Treaties: Formation, application, termination and reservation. :- S K Kapoor, AKJ Dukki

 United Nations: Its principal organs, powers, functions and reform. :- S K Kapoor and
UN website

 Peaceful settlement of disputes – different modes.:- Rahul IAS handwritten classroom

notes, S K Kapoor
  Lawful recourse to force: aggression, self-defence, intervention.:- Rahul IAS handwritten
classroom notes, S K Kapoor

 Fundamental principles of international humanitarian law – International conventions

and contemporary developments. :- Malcolm Shaw on international law (soft copy is
available)

 Legality of the use of nuclear weapons; ban on testing of nuclear weapons; Nuclear –
non proliferation treaty, CTBT.:- Rahul IAS handwritten classroom notes and articles on
internet

 International terrorism, state sponsored terrorism, hijacking, international criminal court

:- Rahul IAS handwritten classroom notes and internet

 New international economic order and monetary law: WTO, TRIPS, GATT, IMF,
World Bank. :- Rahul IAS handwritten classroom notes, some portions through GS and
internet

 Protection and improvement of the human environment: International efforts. : -

Malcolm Shaw and Internet

4. LAW OF CRIMES:

 I did K D Gaur for IPC and I found it sufficient. People also do Pillai or Ratanlal &
Dhirajlal.

 I suggest making notes on IPC including case laws (important to substantiate your
answer). This subject is very direct and requires to the point explanation. It becomes
easier if one has concise notes on the subject. Multiple revisions are requires for
preciseness.

 Topics like general exceptions, offences against human body and offences against
property should be focussed more.

 Prevention of corruption act, 1988 should be read from bare act. For explanation
PRS blog can also be referred.

 Bare act along with an explanatory article from internet is sufficient for Protection of
Civil Rights Act, 1955.

 Read any article on Plea Bargaining (refer to provisions of CrPC) on internet.

5. LAW OF TORTS
  R K Bangia on law of torts is one stop source. Summary of the chapters given at the
end can be used for quick revision. AKJ dukki can also be referred for compilation
of case laws.

 Again in this part case laws/judgments play a vital role. Since the law is not codified,
it has evolved through court decisions. Try to mention at least 2-3 cases on every
important topic like definition of tort, strict and absolute liability, defences,
negligence etc.

 It is always better to prepare a separate compilation of cases topic-wise for faster and
effective revision.

6. LAW OF CONTRACTS

 Again R K Bangia on law of contract is a good source. Avtar Singh can also be
referred for the topics not covered properly in Bangia. If possible make
comprehensive notes on important topics covering both the books so that you don’t
need to open these bulky books again and again.

 Here also I would like to emphasise the importance of case laws. Try to learn
important case laws and incorporate in your answers. Keep a separate note book on
case laws handy.

 For topics like Contract of indemnity, guarantee and insurance and Contract of
agency read Bangia and do past year questions.

 Standard form contracts :- This topic is covered in Bangia as well as AKJ Dukki.

7. MERCANTILE LAW

 Sale of goods and hire purchase :- Read bare act and refer to Ambition Law printed
notes. Do past year questions.

 Formation and dissolution of partnership :- Read bare act and refer to Ambition Law
printed notes. Or if you have time you can also refer to Avtar Singh on Partnership.
Do past year questions.

 Negotiable Instruments Act, 1881 :- I find this topic a bit tough. You can watch
YouTube videos for CA for better understanding. Also read bare act for important
topics. Important areas can be figured out by looking at past year questions.
  Arbitration and Conciliation Act, 1996 :- Read the amended act properly and it’s
comparison with the older act. Also don’t forget to read bare acts along with
important case laws.

8. CONTEMPORARY LEGAL D EVELOPMENTS :

 We generally skip this part. But in the last few years UPSC has started giving
questions from this part in compulsory or the options are such that we are left with
no choice but to attempt question from this part.

 Public Interest Litigation. :- one can prepare this topic from M.P. Jain on
constitutional law or internet.

 Intellectual property rights – Concept, types/prospects. :- read important provisions

of bare act on copyright, trademark and patent.

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

:- I skipped this part and did only current affairs.

 Competition Law- Concept, purpose/ prospects. :- I skipped this part.

 Alternate Dispute Resolution – Concept, types/prospects. :- read an article from

internet.

 Major statutes concerning environmental law. :- I skipped this part. But if time
permits you can read AKJ Dukki (Law and Environment) very selectively.

 Right to Information Act. :- bare act and internet.

 Trial by media. :- internet

A NSWER WRITING RELATED STRATEGY :

 Read the question twice and underline the keyword in the question paper itself. We
generally read only the theme like Article 21 of the constitution and end up writing
an essay on right to life however the question might have asked a particular aspect
for example right to privacy. Thus to avoid such mistake it is essential to be precise.

 Try to mention Article or section number in the answers wherever possible. We can’t
remember the provisions verbatim but while writing provision its essence should not
be missed. You can also write the ingredients of a section in points. For example, if
one has to write on Section 34 IPC, it can be written as- Section 34 of IPC talks
about joint and constructive liability. It creates no offence specifically but it lays
 down the rule of evidence. If the following ingredients of the section are satisfied,
then same punishment will be inflicted on every accused irrespective of his active or
passive participation in crime.

a) A criminal act must be done by two or more persons.

b) There must be common intention towards the commission of the act.

c) There must be participation of all in the commission of the offence in furtherance of that
common intention.

 While writing answers presentation is also important with content. Following

approach can be used:

(i) Introduction- Two or three lines depending upon the marks of the question. One
may write definition or explanation of the concept asked.

(ii) Law- Here one has to write provision of the relevant statute. If possible try to
mention article or section number.

(iii) Analysis- here one has to analyse the question asked. Arguments can also be given
depending upon the nature of question. Basically this consists of body of the answer.

(iv) Case Laws- your body of the answer or arguments should be supplemented by case
laws. There is no need to write a list of cases. One or Two cases will suffice but try to
write landmark judgments.

(v) Examples- Although it’s not that crucial but it is a very important value addition
tool. It also helps in situations where we do not remember case laws. It may enhance
your marks.

(vi) Conclusion- you can write the latest development or current affairs pertaining to the
question in the end.

This is the approach which I have followed. Strategy may differ from person to person. But
whatever strategy you make, do practise it before the exam so that it gets internalised. It is
important that the structure of an answer should come naturally and this can only be ensured
by practicing answer writing.