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Posted On : February 27, 2018

Law As A Subject In Various Examinations

Written By : Mayank Vats

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It could be argued that a person without professional or specialized knowledge of the law and legal institutions of India would understand the law as a system of rules, regulations, and guidelines which are lawfully enforceable. But when it comes to law as a profession, the meaning of the law is sufficiently great and notable. Law as a profession involves numerous domains such as litigation, media, IP, judicial services, academics, etc. In today’s transformed world, the tasks and duties of a lawyer are something much more than it was supposed to be years ago. In today’s era, people have got various windows of opportunities which could enable them to have a flourishing career after completing their law/LLB. Lawyers are the most desired people by various corporations and the public at large which sometimes lead to the shortfall of skillful lawyers against the demand. It is an undeniable fact that law includes multiple fields, it opens up varied possibilities for law graduates. Mentioned below are some crucial examinations and their details which involves law and in order to qualify these exams, one needs ample knowledge of the law.

All India Bar Examination

All India Bar Examination (AIBE) takes place to scrutinize the potentiality of an advocate to practice the profession of law in India. The AIBE evaluates the skills of an advocate reasonably and intends to set a fair criterion for admission to the practice of law. It examines a candidate’s analytical abilities and also ensures that the candidate possesses equitable knowledge of the law. The Bar Council of India awards the certificate of practice to the candidates after they pass the exam successfully.

Eligibility Criteria for All India Bar Examination (AIBE)

It is essential for the candidates to have an LLB degree from any recognized college/university. There is no age bar for this examination. However, candidates must be enrolled with any state bar council.

Syllabus for All India Bar Examination (AIBE)

Following are the topics under the syllabus for the exam: (i) Limitation Act (ii) Corporate Social Responsibility (iii) Family Law (iv) Jurisprudence (v) Administrative Law (vi) Professional Ethics and Cases of Professional Misconduct under the BCI Rules. (vii) ADR and Arbitration Act (viii) Company Law (Companies Act 2013) (ix) Constitutional Law (x) Environmental Law (xi) C.P.C (xii) Public International Law (xiii) Cyber Law (xiv) Indian Penal Code (xv) Labour and Industrial Law (xvi) Law of Tort including Motor Vehicle Accidents and Consumer Protection Law (xvii) Evidence Law (xviii) Cr.P.C (xix) Law of Contract, Specific Relief, Property Law, Special Contracts and Negotiable Instruments Act.

Judicial Services Examination

The Judicial Services in India has two entry levels. The first one is for the new law graduates through an entrance exam supervised by the concerned state public service commission or the High Court as The Code of Criminal Procedure, 1973 empowers the High Courts to appoint judicial magistrates in respective states. The syllabus for these exams includes law subjects along with English, general knowledge and the local language of the state An ingress through this road guarantees time-based advancements to the successful candidates and a secured work at an early stage in his/her profession. The second road through which one may join the judicial services is known as the Higher Judicial Service (HJS). This service is open for legal practitioners with a specific minimum experience/years of legal practice, normally seven years. Candidates need to show up for a competitive examination and after clearing the same one gets into the Higher Judicial Services. The edge with this mode of entry into the judicial service is that the successful candidates get posted as an additional district judge which appreciably shoots up the promotional likeness. Judicial Service Preliminary Examination is held in two successive stages namely Judicial Service Preliminary Examination and Judicial Service Main Examination. The Preliminary Exam comprises objective type questions. The Preliminary Examination is conducted only for the purpose of shortlisting candidates for the Main Examination which takes place in written form. After clearing the above mentioned two stages a candidate has to appear for an interview. For appearing in the Judicial Services Examination it is mandatory for the candidates to be the citizen of India and a law graduate. Respective states have their local languages in the paper, so the nationwide entry in Judicial Services is something which seems next to impracticable.

Syllabus for the Judicial Services Examination

The syllabus for Judicial Services Examination connects with the following themes:

(i) History of India (ii) Geography of India (iii) Indian Politics/Political Science (iv) Current National Issue (v) Indian Economy (vi) International Organisations and Treaties (vii) Jurisprudence (viii) Current International Affairs (ix) Indian Constitution (x) Transfer of Property (xi) Indian Penal Code (xii) Cr.P.C (xiii) C.P.C (xiv Indian Evidence Act (xv) Law of Contract (xvi) Local Laws (xvii) Law of Succession (xviii) Limitation Act (xix) Specific Relief (xx) Principle Governing Arbitration Law (xxi) Partnership Act (xxii) Languages (Regional/Local) (xxiii) General Knowledge (xxiv) Current Affairs

Union Public Service Commission Civil Services Examination

Undeniably, the Civil Services Examination which is conducted by the Union Public Service Commission is one of the most onerous and reputable examinations of the world. It is an examination of good repute and is certainly the most exhausting and arduous examination of India. Ones who successfully clear this examination are seen with great respect and honor. This examination takes place for the selection and appointment of righteous people in different foremost services of our country such as Indian Administrative Service (IAS), Indian Police Service (IPS), Indian Foreign Service (IFS), Indian Revenue Service (IRS), Indian Railway (Personnel/Traffic/Accounts) Service (IRPS/IRTS/IRAS), Indian Trade Service (ITS), etc. For this examination, law is one of the most opted and demanded optional subject. At the same time, it is also an inarguable fact that law is one of the most successful disciplines in the UPSC Civil Services Examination.

Eligibility Criteria

For appearing in the UPSC Civil Services Examination one must have a valid and authentic graduation.

Syllabus for the UPSC exam

Following is the Syllabus for UPSC Civil Services Examination with Law as a subject: (a) Paper I: (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. The relationship between fundamental rights, directive principles and fundamental duties.
  4. The constitutional position of the President and relation with the Council of Ministers.
  5. Governor and his powers.
  6. Supreme Court and High Courts:
      1. Appointments and transfer.
      2. Powers, functions, and jurisdiction.
  7. Centre, States, and local bodies:
      1. Distribution of legislative powers between the Union and the States.
      2. Local bodies.
      3. The administrative relationship among Union, State, and Local Bodies.
      4. Eminent domain – State property – common property – community property.
  8. Legislative powers, privileges and immunities.
  9. Services under the Union and the States:
      1. Recruitment and conditions of services; Constitutional safeguards; Administrative Tribunals.
      2. Union Public Service Commission and State Public Service Commission's – Power and functions
  10. Election Commission – Power and functions.
  11. Emergency provisions.
  12. Amendment of the Constitution.
  13. Principles of natural justice – Emerging trends and judicial approach.
  14. Delegated legislation and its constitutionality.
  15. Separation of powers and constitutional governance.
  16. Judicial review of administrative action.
  17. Ombudsman: Lokayukta, Lokpal etc.
(ii) International Law:
  1. Nature and definition of international law.
  2. The 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. Individual's: Nationality, statelessness; Human rights and procedures available for their enforcement.
  6. The 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-defense, intervention.
  11. Fundamental principles of international humanitarian law – International conventions and contemporary developments.
Legality of the use of nuclear weapons; ban on the testing of nuclear weapons; Nuclear – non-proliferation treaty, CTBT. International terrorism, state-sponsored terrorism, hijacking, international criminal court. New international economic order and monetary law: WTO, TRIPS, GATT, IMF, World Bank. Protection and improvement of the human environment: International efforts. (b) Paper II: (i) Law of Crimes:
  1. General principles of criminal liability: Mens rea and actus reus, mens rea in statutory offenses.
  2. Kinds of punishment and emerging trends as to the 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 the 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.
  (ii) 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
(iii) 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 a partnership.
  11. Negotiable Instruments Act, 1881.
  12. Arbitration and Conciliation Act, 1996.
  13. Standard form contracts.
(iv) Contemporary Legal Developments:
  1. Public Interest Litigation.
  2. Intellectual property rights – Concept, types/prospects.
  3. Information Technology Law including Cyber Laws – Concept, purpose/ prospects.
  4. Competition Law- Concept, purpose/ prospects.
  5. Alternate Dispute Resolution – Concept, types/prospects.
  6. Major statutes concerning environmental law.
  7. Right to Information Act.
  8. Trial by media.

IBPS Law Officer Examination

The Institute Of Banking Personnel Selection conducts the law officers examination. The motive behind this examination is to select a suitable person who could accomplish the duties of a law officer in a rational manner. A Law Officer is a person who directs and remembers all the lawful exercises of the bank. He/she gives a convincing legal direction in the presentation of the lawful opinions, studies, reports, and correspondence, as required occasionally by various branches of the bank. The essential obligation of the officer is to help and guide that all the functions of a bank are concluded in accordance with the laws and Acts coordinated by the legislature. A Law Officer likewise guarantees that if the bank signs any agreements with people or organizations/associations, the organizations/associations/people must be legitimately fit and in a lawfully right way. He likewise gives lawful guidance to the staff individuals. It is the post under six specialist officer post of the IBPS exam.

Eligibility Criteria

To appear in this exam, a candidate must fulfill the following qualifications criteria:
  1. The Candidate must be a graduate from a recognized college/university.
  2. The age of the candidate must be between 20 to 30 years.
  3. The candidate must possess a valid LLB degree and must be enrolled as an advocate with the state bar council.

Syllabus for the IBPS Examination

Mentioned below is the law officer exam pattern and syllabus:
  1. In the Prelim Exam in, 150 questions are asked for 125 marks which include three subjects/topics namely, Reasoning (50 Questions for 50 Marks), English (50 Questions for 25 marks) and General Awareness (50 Questions for 50 Marks). The time limit provided for this round of exam is 2 hours.
  2. In the Mains Exam (Candidates who clear the prelim round get to sit for this round), 60 questions are asked for 60 marks which include only professional knowledge (60 Questions for 60 Marks). The time limit for this round is 45 minutes.
  3. Syllabus for Prelim Round includes the following topics:
  1. Reasoning- Data Sufficiency, Syllogism, Input-Output, Coding-Decoding, Analogy, Blood Relation, Puzzle Test, Direction Sense Test, Number, Ranking & Time Sequence, Eligibility Test, Arrangements-Linear & Circular, verbal and non-verbal reasoning, Series test, Analogy, Odd figures, Miscellaneous test.
  2. English Language- Synonyms, antonym, articles, prepositions, sentence completion, word formation and the topic comprehension and the topic Rearrangement of passage, spelling, sentence, Active Passive Voice, Direct Indirect speech, and usage of phrases and idioms.
  3. General Awareness-Current affairs, Indian Constitution, Indian Politics, Latest Events, etc.
  1. Syllabus for Mains Round:
  • RBI Functions,
  • Relevant laws and rulings related to negotiable instruments, securities, Foreign Exchange,
  • Prevention of money laundering, Limitation Act
  • Bankers Book Evidence Act, DRT Act
  • Offenses and Penalties
  • Consumer Protection Act
  • Banking Ombudsman Scheme
  • Banking Regulated Important Laws
  • Limitation Act, 1993
  • Banker’s Books Evidence Act, 1891
  • The Recovery of Debts due to Banks and Financial Institutions (DRT) Act,1993
  • Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002
  • Miscellaneous Provisions Consumer Protection Act, 1986
  • The Banking Ombudsman Scheme, 2006
  • Procedure for Redressal of Grievance
  • Commercial Laws with Reference to Banking Operation
  • Contracts of Guarantee
  • Contracts of Bailment
  • Contracts of Pledge
  • Contracts of Agency
  • Meaning and Essentials of a Contract of Sale
  • Definition, Meaning, and Nature of Partnership
  • Dissolution of a Firm
  • Effects of Non-Registration
  • Definition and Features of Company
  • Types of Companies
  • Memorandum of Association and Articles of Association
  • Doctrines of Ultra/Constructive Notice/Indoor Management
  • Transfer of Property Act, 1882
  • The Right to Information Act, 2005
  • Right to Information and Obligation of Public Authorities
  • Banking Regulation & Compliance and Legal Aspects
  • RBI’s Constitution and Objectives
  • Banking Regulation Act, 1949
  • Reserve Bank of India Act, 1934
  • Credit Information Bureau (India)
  • Banker-Customer Relationship
  • Payment and Collection of Cheques and Other Negotiable Instruments
  • Types of Collaterals and their Characteristics
  • Foreign Exchange Management Act,1999
  • The Prevention of Money Laundering Act, 2002.
  • Information Technology Act, 2000. etc.

Conclusion

Now that you know which all subjects include law as a subject, be very careful with the law and be full of concentration while studying it. The vitality of law as a subject cannot be ignored as it is a subject in the most important examinations of the country. Do well in your exams and prepare well.

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