LL M - Law
LL M - Law
FOR
Under
Scheme and syllabus for LL.M. 2-Year Degree Course under Choice
Based Credit System w.e.f. Academic Session 2016-17
Credit Matrix for LL.M. 2-Year Programme w.e.f. 2016-17
SEMEST CORE ELECTIVE OPEN MAX. TOTAL
ER PAPER PAPER ELECTIVE MARKS CREDITS
PAPER(INT
ERDISCIPL
INARY)
I 4(100 marks NIL NIL 400 20
each)
II 2(100 marks 2(100 marks each) 1(40 marks 440 22
each) each)
III 2(100 marks 2(100 marks each) 1(40 marks 440 22
each) each)
IV 1-Dissertation 2(100 marks each) NIL 400 20
(200Marks)
TOTAL 9 6 2 1680 84
TOTAL CREDITS FOR LL.M. TWO YEAR DEGREE COURSE= 84 (1 credit= 20 marks)
Total Core Papers in LL.M. 2-Year Degree Course = 09(8+1(Dissertation))
Total Elective Papers in LL.M. 2-Year Degree Course = 06
Total Open Elective Papers in LL.M. 2-Year Degree Course = 02 (As per the list of
the open elective
papers supplied by the
faculty of social
science)
The entire syllabus has been divided into four units but the question paper shall be divided into
five units. The student is required to attempt five questions in all. Unit-I shall contain one
compulsory question having four parts. Each part shall carry five marks. This question shall be
fairly spread over the entire syllabus. The student is required to attempt four more questions by
selecting one question from each unit i.e. Unit-II to Unit-V having two questions in each unit.
Each question shall carry twenty marks.
The medium of instructions and examination shall be English.
Note: Only those groups shall be opened by the Department in which there is arrangement
for teaching in Department of Law.
LL.M. FIRST SEMESTER
LL.M. 1ST SEMESTER
PAPER CODE NOMENCLATURE OF PAPER Hours MAX. CREDITS
per Week
MARKS
101-Paper-I (Core Legal Theory 5 100 5
Paper)
102-Paper-II (Core Indian Constitutional Law and the New 5 100 5
Paper) Challenges
103-Paper-III (Core Principles of Statutory Interpretation 5 100 5
Paper)
104- Paper- IV Legal and Constitutional History 5 100 5
(Core Paper)
Total Credits=20
LL.M. 2nd SEMESTER
LL.M. 2nd SEMESTER
PAPER CODE NOMENCLATURE OF PAPER Hours MAX. CREDITS
per Week
MARKS
201- Paper- I (Core Law, Social Transformation and Judicial 5 100 5
Paper) Process in India
202- Paper- II (Core Comparative Law 5 100 5
Paper)
ELECTIVE (The candidate is required to opt any
PAPERS one group out of the following groups)
203-Paper-1 GROUP –A: INTERNATIONAL
204-Paper- II LAW & ORGANIZATIONS
203-Paper-1 : International organization : 5 100 5
Law , Practice and Future
204-Paper- II: Disarmament and peace 5 100 5
strategies
Group- B: CRIMINAL LAW
203-Paper –I: History and principles of 5 100 5
criminal Law
204-Paper –II: Comparative Criminal 5 100 5
Procedure
GROUP- C: BUSINESS LAW
Total Credits=22
Total Credits=22
Total Credits=20
101- Paper- I (Core Paper): Legal Theory
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: The object of this paper is to make the students aware about the growth and
development of law.
Outcome: The students shall be well versed about the historical development of the law.
Unit-I
1. Nature, Value and Province of Jurisprudence
2. Positivism:
(a) Bentham and Positivism
(b) John Austin and Analytical Jurisprudence
3. Modern Positivism
(a) Kelsen’s Pure Theory of Law
(b) Hart’s Concept of Law
(c) Dworkin’s Criticism of Positivism and his theory of Law
Unit-II
1. Historical Jurisprudence:
(a) Savigny and the Historical School
(b) Henry Maine and the Anthropological School
2. Natural Law
(a) Revival of Natural Law
(b) Lon L. Fuller- Morality of Law
(c) Stammler- ‘Natural Law with a variable content’
3. The Theory of Precedent in India
Unit-III
1. Modern Realism.
2. Sociological Jurisprudence:
(a) Ihering, Ehrlich and Duguit
(b) Roscoe Pounds’ Social Engineering
3. Theory of Social Justice:
(a) John Rawls
(b) Indian Approach to socio-economic justice
Unit-IV
Legal Concepts:
1. Legal Rights
2. Legal Personality
3. Possession and Ownership
Select Bibliography:
Paton: A Textbook of Jurisprudence
Dias: Jurisprudence
Friedmann: Legal Theory
Hart : Concept of Law
Llioyd : Introduction to Jurisprudence
Fuller : The Morality of Law
Basu : Modern Theories of Law(TLL)
Austin : The Province of Jurisprudence Determined
Bodenheimer : Jurisprudence
Ludr, Amit : Law of Personal Autonomy (2012 ed)
Stone : Social Dimensions of Law and Justice
Jennings : Modern Theories of Law
Allen : Law in the Making
Pound : Jurisprudence Vol.. I-IV
Weermantrury : Equality and Freedom: Some Third world Prospective
Hilaire Mc Coubery : Text Book of Jurisprudence
& Nigel D. White
Dworkin : Taking Rights Seriously (1972), Law’s Empire (1986)
Bentham : Limits of Jurisprudence Defined (Ed. By Evertt) 1945.
Savigny : Law of Possession
Stone, Julius : The Province & Function of Law
Sir Henry Maine : Ancient Law
Rawls, John : Theory of Justice
Cardoza : Nature of Judicial Process
102- Paper- II (Core Paper): Indian Constitutional Law and the New Challenges
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: The object of this paper is to make the students aware about each and every aspect
of the Constitution of India particularly in the context of its federal structure,
legislature, executive and the judiciary.
Outcome: The students shall be well versed about each and every aspect of the Constitution
of India.
Unit-I
1. The Executive- Union & States Parliamentary/Presidential form of Governments-
Suitability. President/Governor & Council of Ministers-Relationship. Coalition
government, Power Politics.
2. Parliament & State Legislatures Composition of Legislature, Elections, Corrupt Practices.
Role of the Legislature, Elections, Corrupt Practices
3. Judiciary in India, Independence of Judiciary, Appointment, Removal of the Judges,
Code of Conduct for Judges. Power of Judicial Review, Writ Jurisdiction & other powers
of the court, Judicial Activism. Separation of Powers, Relationship of Executive,
Legislature & Courts.
Unit-II
1. Fundamental Rights, Definitions of State and Law.
2. Right to Equality, Reverse discrimination.
3. Political Freedoms of the citizen reasonableness of restrictions.
4. Right to life & personal liberty, various dimensions of the right to life and personal
liberty.
Unit-III
1. Secularism, right of the minorities.
2. Socio-economic rights, Directive principles of state policy-enforcement by the state
relationship between directive principles & fundamental rights.
3. Doctrine of eminent domain, right to property
4. Parliamentary Privileges & Fundamental Rights.
5. Fundamental duties of the citizen.
Unit-IV
1. Federalism, Co-operative federalism.
2. Legislative and Administrative relations.
3. Distribution of financial resources, Inter-State trade and commerce.
4. Amendment of the Constitution, Basic structure theory.
Select Bibliography:
Seervai, H.M. : Constitutional Law of India ( 3 Volumes).
Jain, M.P. : Indian Constitutional Law
Shukla, V.N. : Constitution of India
Basu, D.D. : Constitution of India
Bar Council of India : Constitution of India
(Edited by Hidayatulla)
Ex. C.J. of India
Dr. Pal, Chander : Centre-State Relation and Co-operative Federalism.
Gupta, R.K. : Centre State Fiscal Relation under the Indian Constitutional Law
Wheare, K.C. : Federal Government (1963)
103- Paper- III (Core Paper): Principles of Statutory Interpretation
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: This paper aims to discuss various principles of statutory interpretation with the
help of case law.
Outcome: The students shall be well versed about various principles which are of utmost
concern for the courts for the purpose of interpretation of statutes.
Unit-I
1. Basic Principles of Interpretation:
Meaning of Interpretation, Interpretation and Construction, Intention of Legislature,
Statute must be read as a whole in its context, Presumption in favour of constitutionality
of a statute. If meaning plain, effect must be given to it irrespective of consequences.
2. Rule of Literal Construction.
3. Golden Rule of Construction.
4. Mischief Rule of Construction
Unit-II
1. Internal Aids to Construction:
Short Title, long title, Preamble, Headings, Marginal Notes, Punctuations, Illustrations,
Interpretations Clause, Proviso, Explanation, Schedules.
2. Maxims
(i) Ejusdem Generis (ii) Expressio Unius Est Exclusio Alterius
(iii) Noscituar A Sociis
3. Interpretation of Constitution.
Unit-III
1. External Aids to Construction
Parliamentary History, Historical Facts and Surrounding Circumstances, Dictionaries,
Text-books, Use of Foreign Decisions, Statutes in Pari-materia.
2. Codifying and Consolidation Statutes.
3. Mandatory and Directory Provisions.
4. Commencement and Repeal of Statutes.
Unit-IV
1. Beneficial and Liberal Construction.
2. Construction of Remedial and Penal Statutes.
3. Construction of Taxing Statutes.
4. Presumption as to Jurisdiction of the Courts.
5. Construction to Prevent, Evasion and Abuse.
Select Bibliography:
Maxwell : Interpretation of Statutes.
Craies : Statute Law.
Sutherland : Statutory Construction.
Singh, G.P. : Principles of Statutory Interpretation.
Swarup, Jagdish : Legislation and Interpretation.
Sarathi, V.P. : Interpretation of Statutes.
Bindra : Interpretation of Statutes.
104- Paper- IV (Core Paper): Legal and Constitutional History
Max. Marks : 100
Credit : 5
Time : 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: The object of this paper is to make the students aware about the legal and
constitutional history of India.
Outcome: The students shall be well versed about the legal and constitutional development
in India.
Unit – I
Establishment of East India Company – Administration of Justice in Presidency
Towns ( 1600-1726) and the development of Courts and Judicial Institutions under the East India
Company.
Establishment of Mayor's Courts under the Charter of 1726 and Changes Introduced by Charter
of 1753
Regulating Act of 1773 and Establishment of Supreme Court at Calcutta. Act of Settlement
1781; Charter Act,1883 and Codification
Unit – II
Adalat System, Role of Warren Hastings, Cornwallis and William Bantinck in Law Reforms
History of Privy Council; Federal Court of India; Evolution of High Courts.
History of Law Reporting in India
Legal Education in India: History and Development
Law Commissions in India
Unit-III
Government of India Act, 1935: Introductory; The Federation of India: Establishment of
Federation and Accession of Indian States, The Federal executive, The Federal Legislature ,
Legislative Powers of Governor-General, Provisions in Case of Failure of Constitutional
Machinery; The Governor's Provinces: The Provincial Executive , The Provincial Legislature,
Legislative Powers of Governor; Legislative Powers: Distributions of Powers, Restrictions on
Legislative Powers, Provisions with respect to discrimination; Administrative Relations Between
Federation, Provinces and States: General, Broadcasting, Inter-Provincial Co-operation; The
Judicature : The Federal Court and The High Courts in British India.
Unit – IV
Constitutional Development, 1935 to 1947
Transfer of Power and Indian Independence Act, 1947
Prerogative Writ System in India,
Development of Criminal Law: Ancient Hindu and Muslim Criminal Law
The Integration of States and Making of the Constitution of India.
Books Recommended:
1. Jain, M.P. : Outline of Indian Legal History
2. Mittal, J.K. : India Legal History
3. Kulsherehtha, V.D. : Land marks in Indian Legal and Constitutional History.
4. Kailash Rai : History of Courts Legislature & Legal Profession in India
5. S.K. Puri, Indian Legal and Constitutional History
6. Alexandrowicz, Charles H : Constitutional Development in India
7. Banerjee, A.C., The Making of the Indian Constitution, 1939-47
8. Banerjee, T.K. : Background of Indian Criminal Law
9. Bar Association of India, Challenges to the Legal Profession, Law and Investment in
Developing Countries ( Eastern Book Company, Lucknow),
10. Luthora, V.P. : The Transfer of Power in India, 1945-47
LL.M.-2nd Semester
201- Paper- I (Core Paper): Law, Social Transformation and Judicial Process in India
Unit-I
Principle of Legislation
1. Principles of Utility
2. Principles of Civil Code
3. Principles of Penal Code
4. Constitutional Utilitarianism, Modern Trends
Unit-II
Legislative Process in India
1. Legislative Procedure, ordinary and money Bills joint session, Assent to Bills.
2. Procedure in the House, Committees of the House, need for reforms.
3. Delegated Legislation- Need for delegated legislation, classification of delegated
legislation. Constitutionality of delegated legislation and control mechanism of
administrative rule making in India
4. Failure of the executive/Administration to enforce the law, civil disobedience of law.
Unit-III
1. Law and Social Transformation- Law as an instrument of social change- Law as the
product of tradition and culture.
2. Responses of law to social institutions
(a) Religion and Law
(b) Language and Law
(c) Community and Law
3. Women and Law
4. Children and Law
5. Modernization trends in different areas
(a) Family Law
(b) Local Self Government
(c) Court Processes- Civil Law and Criminal Law
Unit-IV
Judicial Process
1. Judicial Legislation as an instrument of social ordering.
2. Power of Judicial Review under the Constitution of India, Judicial activism, Dworkin’s
Theory of Adjudication.
3. Concept of Justice, Relation between law and justice, Equivalence theories, Dependence
theories, Independence of Justice theories.
Select Bibliography:
Galanter, March (Ed.) : Law and Society in Modern India (1997), Oxford.
Lingat, Robert : The Classical Law of India (1998).
Baxi, U. : The Crisis of the Indian Legal System (1998), Vikas, New Delhi.
Baxi, U. (Ed.) : Law and Poverty Critical Essay (1988), Tripathi, Bombay.
Derret, Duncan : The State, Religion and Law in India (1999), Oxford University Press,
New Delhi.
Seervai, H.M. : Constitutional Law of India (1996), Tripathi.
Basu, D.D. : Shorter Constitution of India (1996) Prentice-Hall of India(P.) Ltd.) New
Delhi.
Destha, Sunil and : Law and Menace of Child Labour (2000).
Destha, Kiran Anmol Publications, Delhi
Gunasekhere, Savitri : Children, Law and Justice (1997), Sage.
Indian Law Institute : Law and Social Change: Indo-American Reflections, Tripathi (1988)
Kripalani, J.B. : Gandhi: His Life and Thought (1970), Ministry of Information and
Broadcasting, Government of India.
Jain, M.P. : Outlines of Indian Legal History (1993)
Flavia, Agnes : Law and Gender Inequality: The Polities of women’s right in
India(1999), Oxford.
202- Paper- II (Core Paper): Comparative Law
Max. Marks : 100
Credit : 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: The object of this paper is to discuss various methods for the study of law and
research.
Outcome: The students shall be well versed about various methods for the study of law and
research.
Unit – I
Introduction and Province of Comparative Law; Origin and Development of Comparative Law;
Value of Comparative Law
Comparative Law and the Conflict of Laws.
Unit – II
Comparative Law and the Law of Nations; The process of comparison; Comparative view of
Rule of Law; Unification of Trade Law.
Unit – III
The Comparative approach to case law; The Comparative approach to interpretation of Statutes;
The Comparative approach to sources of law; Nature and characteristics of unified law.
Unit – IV
The problem of Legal Terminology; Comparative law and legal education; Unification of private
law The Mechanism of Unification.
Books Recommended:
1. H.C. Gutteridge: Comparative Law (Wildy & Sons Ltd. London, 1971)
2. M.P. Tandon : Comparative Law (Allahabad Law Agency, 1993)
3. Mathias Siems: Comparative Law(Cambridge University Press,2014)
4. Tom Ginsburg: Comparative Constitutional Law (Edward Elgar Publishing Ltd.)
5. Alan Watson: Roman Law & Comparative Law (The University of Georgia Press, Atlens
and London)
6. Ugo Mattei : Comparative Law and Economics (The University of Michigan Press)
7. John Henry Merryman: Comparative Law and Social Change(American Journal of
Comparative Law, Vol. 25, No. 3, Summer 1977)
8. Rodolfo Sacco: Legal Formants: A Dynamic Approach to Comparative Law (The
American Journal of Comparative Law, Vol. 39, No. 1, Winter 19991)
Object: The object of this group is to make the students aware about evolution, nature and
composition of International Labour Organization. It also aims to discuss
disarmament, peace strategies, law and diplomacy and the law of sea.
Outcome: The students shall be acquiring the knowledge regarding international and
contemporary issues in addition to nature and functioning of ILO.
203-Paper-I (ELECTIVE PAPER): International organization: Law, Practice and Future
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Evolution of International Organization: The concert of Europe, the League of Nations and the
United Nations United Nations as a Constitutional and Political System : Organs and their
Functions. Law creating processes including Resolutions and Declarations of the General
Assembly and Specialized Agencies, Financing and Problem of Financial Crises. Amendment
process. Secretary – General of the United Nations.
Unit-II
Political process of the International Organizations: Blocks and Alliances: Non- aligned
movement and its impact on voting in the various organs of the United Nations. African and
Latin American groups. Indian and the United Nations. U.N. peace- making functions, U.N
peace keeping force – case studies. Problem of peace enforcement through the U.N.
Unit - III
Special Agencies and Non- Governmental Organizations: Constitution and Functions of
specialized Agencies. Case Studies of some agencies such as FAO, and UNDP as illustrative
organizations within the U.N system. Select studies of NGOs serving as consultants. Amnesty
International. International Commission of Jurists.
Unit – IV
Peaceful charge through U.N Dispute Settlement Machinery of the U.N. The Role of ECOSOC
in bringing about peaceful change. U.N. Operational Programmers in the Social and the
Economic Filed. Anti- Colonial Consensus, Disarmament and Human Rights.
Select Bibliography:
Bowett, D.W.: Law of International Institutions (1982).
Deter, Ingrid: Law Making by the International Organization (1965)
Good speed, Stephen S: Nature and Function of International Organisation (1967)
Jenks , Wilfred : The Proper Law of International Organization (1962)
Walter , E.P. : History of the League of Nations (1965)
Bowett, D.W.: United Nations Forces : A Legal Study (1969)
Goodrich , Leland M. : Charter of the United Nations (1969)
Goodrich , Leland M. : United Nations in a Changing World (1974).
Rosalyn- Higgins: Development of International Law through Political Organs of the United
Nations (1963)
Kelsen , Hans : Law of United Nations (1954).
Khan, Rahmathullah : Implied Powers of the United Nations (1974).
Machinney, Edward : United Nations Law Making (1984)
Rajan , M.S : United Nations and Domestic Jurisdiction (1961).
204-Paper- II (ELECTIVE PAPER): Disarmament and Peace Strategies
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
The Conceptions of Disarmament : Disarmament and World Security , Military Alliances, Arms
Trade. Changing Conceptions of Disarmament. The Dynamics of the Arms Race. The Reasons
of Arms Race, including Nuclear Weapons. Consequences’ of Arms Race in terms of Resources
and Economic Development. International Implications of the Arms Race.
Unit- II
Disarmament and the U.N. : History of the failure of disarmament efforts. U.N. Disarmament
Commission its achievement and limitations. U. N. Disarmament , decades of 1970’s and 1980’s.
Negotiations leading to the signing of SALT –I and SALT – II.
Unit -III
Nuclear Disarmament: Problems and Perspectives: Nuclear War Proliferation Treaty and
Intermediate Range Weapons. International Regulation of Nuclear Weapons. International
Regulation of Biological and Chemical or Weapons of Mass Destruction. International
Regulation and Control of Militarization of Enter Space and the Ocean Bed.
Unit – IV
Conserving the world’s resources: Assisting the economic development of less developed
countries. Harnessing science and technology for development. Protection of human rights.
Peaceful settlement of International disputes, towards a balanced world trade. Peace research
and its significance.
Select Bibliography:
Weston Burns H: Toward Nuclear Disarmament and Global Security: A Search for Alternatives
1980
Schell, J. : The Fate of the Earth (1982)
Singh, J.N. : Use of Force under International Law (1984)
Stone , Julius : Legal Controls of International Law (1954)
Walzer , M. : Just and Unjust Wars (1979)
Kothari , R. : Transformation and Survival : In Search of Human World Order (1985)
Falk , R. et, al: International Law : A Contemporary Perspective , pp. 473-519 (1985)
Falk, R.: The End of World Order, pp. 155-276(1983).
Report of the secretary general : Chemical and Bacteriological (Biological weapons and the
effects of their Possible use. (UN Doc. A/7575 Rev. 1, S/9292 Rev. 1(1969)
Group – B: CRIMINAL LAW
Object: This group is designed to discuss history and principles of criminal law,
comparative criminal procedure, criminology, penology and juvenile delinquency.
Outcome: The students shall be well versed with each and every aspect of criminal law in
addition to Juvenile Justice Law.
203-Paper -I (ELECTIVE PAPER): History and Principles of Criminal Law
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
1. Nature and definition of crime, Distinction between Moral, Civil and Criminal Wrongs.
Are Crimes and Torts Complementary? Elements of Crime and Theories of Criminal
Liability Human Beings. Mens rea , Actus reus, Injury to human being, causation of
crime , subjective and objective of theories of crimes.
2. Mental Element in Crimes – The Maxim Actus Non Facit Reum Nisi Means Sit Rea,
Volition, Intention, Motive, Origin and Development of Means rea , Means rea and
Statutory Crimes, Exceptions to Means rea, Modern Trends of Means rea, Applicability
of Means rea in Indian Penal Laws, Means rea under Indian Penal Code.
Unit – II
1. Punishment – Nature, Kinds of Punishment , Theories of Punishment , Measure of
Punishment, Modern View on Punishment and Penal Code, Individualization of
Punishment , Compensation to the Victims , Executive Clemency, Commutation of
Sentence , Suspension and Remission, Pardon.
2. Inchoate Crimes- Abetment, Criminal Conspiracy, Attempt.
3. Joint Liability, Vicarious Liability, Strict Liability and Liability of Corporations.
Unit –III
1. General Defenses – Excusable, Ignorance (Mistake) of Fact, Executive and Judicial Acts,
Accident, Necessity, Duress or Coercion, Infancy, Unsoundness of Mind, Intoxication,
Consent, Trivility.
2. Justifiable – Right of private Defence of persons and property, provocation.
Unit – IV
1. Burden of Proof in relation to General Defences and crimes generally.
2. Law Relating to Culpable Homicide.
Select Bibliography:
1. William , Glanville : ` Criminal Law (General Part)
2. Kennys : Outlines of Criminal Law (edited by J.W.C Turner)
3. Stuwart, S.W : A Modern View of the Criminal Law (Pergamon
Press Ltd., Oxford, 1969)
4. Nigam, R.C. : Law of Crimes in India Vol. I (Principles of
Criminal Law)
5. Gour, Hari Singh : Penal Law of India.
6. Bhatt, V.R. : Essays in Criminal Law (Karnataka University ,
Dharwar, 1979 )
7. Bhattacharya, B.K. : Insanity & Criminal Law (Eastern Law House,
Calcutta).
8. Fitzgerlard, P.J. : Criminal Law & Punishment.
9. Colin, Howard : Strick Responsibility (Sweet & Maxwell Ltd.,
London,1963)
10. Law Commission of India, Reports: 29,42,43 and 47
11. Radzinowicz and Turner : Modern Approach to Criminal Law.
12. Edwards : Mens Rea in Statutory Offences.
13. Hall : General Principles of Criminal Law.
14. Stephen, James F. : History of Criminal Law (Vols. I,II & III).
15. Chaturvedi, A.N. : Rights of the Accused under the Indian
Constitution(1984)
204-Paper –II: (ELECTIVE PAPER): Comparative Criminal Procedure
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Organization of Courts & Prosecuting Agencies
1. Hierarchy of Criminal courts and their jurisdiction .
2. Nyaya Panchyats in India.
3. Organisation of Prosecuting agencies for prosecuting criminals.
4. Prosecutors and Police.
5. Withdrawal of Prosecution.
Unit – II
Pre-trial Procedures
1. Arrest and questioning of the accused.
2. The rights of the accused.
3. The evidentiary value of statements/article seized/collected by the police.
4. Right to council.
5. Role of the prosecutor and the judicial officer in investigation.
Unit – III
Trial Procedure
1. The accusatory system of trial and inquisitorial system.
2. Role of the judge, the prosecutor and defence attorney in the trial.
3. (i) Admissibility and inadmissibility of evidence. (ii) Expert evidence
4. Appeal to the court in awarding appropriate punishment
5. Plea bargaining.
Unit – IV
Correction and Aftercare Services
i. Institutional Correction of the Offenders.
ii. Role of the Court in Correctional Programmers in India.
iii. General Comparisons – Aftercare Services in India & France.
Preventive Measures in India.
i. Provisions in the criminal procedure code.
ii. Special enactments.
Public Interest Litigation
i. Directions for Criminal Prosecution
Select Bibliography:
1. Hamptom, Celia : Criminal Procedure.
2. Wilkins and Cross : Outlines of the Law of Evidence.
3. Archbold : Pleading, Evidence & Practice in Criminal Cases.
4. Sarkar : Law of Evidence.
5. Pillai, K.N. Chandra- : R.V. Kelkar’s Outlines
sckharan (ed): : Criminal Procedure (2000) Ed.
6. Deevlin, Patric : The Criminal Procedure in England.
American Series of Foreign Penal Codes, Procedural Code of People’s Republic of China.
7. Ferdico, John N. : Criminal Procedure (1996), West.
8. Sanders & young : Criminal Justice (1994).
9. Criminal Procedure Code, 1973.
10. The French Code of Criminal Procedure.
11. 14 th & 41 Reports of the Indian Law Commission
12. Rattanlal & Dhirajlal : The Code of Criminal Procedure.
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Prescribed Course of Studies:
To study the legal and quasi-legal problems connected with the corporate sector with
particular references to the laws, regulations and administrative framework relating to the
organization and working of joint stock enterprise and the regulations of the capital market in
India.
To give an appreciation of the significance of the law of corporate enterprises in
industrializing of India and a comprehension of the economic and social values which economy
and evaluation of the Indian Company law and practice in that context.
To study and evaluate the relevant case law with a view to the evolution of a sound code
of company practice, and
To make a comparative study of the law and practice in other countries on important
aspect of Company law and its administration.
Unit-I
- History of jurisprudential aspects of company Legislation in India.
- Concept of corporate personality and limited liability advantages of
Incorporation; Doctrine of Piercing the Corporate Veil, Corporation and
Fundamental Right.
- Kinds of companies and other Forms of Business Organization.
- Registration and in-corporation, Memorandum of Association, Doctrine of Ultra
Vires, Articles of Association, doctrine of constructive notice and indoor
management .
- Promoters- position, importance, duties and liabilities.
- National Company Law Tribunal-Constitution, Powers and Functions.
Unit-II
- Prospectus; Liability for mis-statements.
- Shares- Meaning and Nature, Kinds, Allotment, Transfer and Transmission,
Effects of irregular Allotment, Right issues, Bonus Shares, Purchase of its own
shares, Borrowing Powers of Companies- Debentures, Kinds of Debentures,
Charges, Classification of Charges, Regulation of Charges.
- Securities and Exchange Board of India Act,1992- Salient Features;
- Dividend- Meaning and Nature, power to pay dividend, mode of payments,
Limitations on payments.
- Charitable and political contributions by companies.
Unit-III
- Meetings- Meaning and kinds of meeting, Procedure and conduct of meeting-
Notice; quorum, Voting Resolutions and Minutes.
- Directors- Concepts of Directors and its evolution, Philosophy for the emergence
of Board of Directors, Position and status of directors, kinds of directors,
Appointment of Directors and their retirement.
- Directors- qualifications, disqualifications, powers and duties including fiduciary
obligations, removal of directors.
- Managing Director, Whole-time Directors and Manager appointment, Powers and
Functions, Managerial Remuneration; Statutory Limits and Restrictions.
- Investigation and inspection-powers of Central Government and National
Company Law Tribunal.
Unit-IV
- Control- Share-holders Control over the management and Government Control
over management.
- Majority powers and Minority rights, oppression and mismanagement.
- Winding up and distribution- Meaning and scope, kinds of winding up :
- Effects of Liquidation proceedings on the company and its organs, members,
creditors and workers.
- Liquidator and official liquidator- position, power and duties.
Select Bibliography:
Thomson, J.M. : Palmer’s Company Law.
Gower, L.C.B. : Principles of Modern Company Law.
Ramiya : Guide to the Companies Act.
Devedasan, B.D. & : Company Meetings and Resolution
Devedasan, T.S.V.
Indian Law Institute : Current Problems of Corporate Law
Shah, S.M. : Lectures on Company Law
Topham and Ivamy : Company Law
Ghosh, M.K. : Indian Company Law
Arya : Company Directors.
Sen, S.C. : The New Frontier of Company Law
Sahgal, P.S. : National and Multi-national Companies, Some Legal Issues.
Palmer’s : Company Law
Pennigtan’s : Company Law
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Prescribed Course of Studies:
The students would be expected to be well conversant with the general principles of
contract and the law relating to specific contracts in India. They should also be well familiar with
the evolution of law, leading judicial decisions (English and Indian) with important comparative
developments elsewhere.
Unit-I
Unit-III
- Restitution;
- Quasi-Contracts or certain relation resembling those created by contract.
- Breach of contract and remedies, Meaning of breach and Anticipatory breach;
Damages- Meaning and Nature, Kinds, Rule in Hadly v. Baxendable- Remotences
of Damage.
- Contract of Indemnity- Definition and Nature, distinction between Indemnity and
Guarantee, Rights of the Indemnity Holder.
- Contract of Guarantee- Definition and scope, Specific and Continuing Guarantee;
Creditors Right against Principal Debtor and Surety, Discharge of Surety;
Surety’s Rights against the principal debtor and Co-surety, Principal of
Contribution by co-surety.
Unit-IV
- Bailment- Definition and Essential Features, Bailment for Reward and gratuitous
Bailment, Right and duties of Bailor and bailee.
- Finder of lost goods- Rights and Duties of finder; Rights and Liabilities of owner.
- Pledge- Definition, Nature and Scope; who can pledge, Rights and duties of
pawnor and pawnee.
- Kinds of Agents- Factory, Brokers, Auctioneers, Del-Cordere agents, etc.
- Agency- Nature, Distinction from other transactions; Contractual basis of
Agency.
- Modes of Creation of Agency- Express, implied, ratifications by operation of
law.
- Scope of Agent’s Authority; Rights and Liabilities of the Agent as against
principal and third party; Rights and Liabilities of Principal and third party as
against each other and as against agent.
- Delegation by Agent- Sub-agent and substituted Agent- Distinction and Legal
Effects.
- Termination of Agency, modes of termination, Agency couple with interest.
Select Bibliography:
Chaturvedi, A.N. : Lectures on Indian Contract Act.
Cheshire and Fifoot : The Law of Contract.
Anson : Principles of the English Law of Contract
Chitty : On Contracts (General Principles).
Pollock and Mulla : Indian Contract and Specific Relief Act.
GROUP-D: LABOUR, CAPITAL AND LAW
Object: The course is designed to acquaint the students about legal relationship between
labour and capital, industrial adjudication, law of social security and other labour
laws dealing with wages, working hours and other monetary benefits.
Outcome: The students shall be acquiring complete knowledge regarding organized sector,
unorganized sector, their wages, social security and other protective laws.
203-Paper –I (ELECTIVE PAPER): Law Relating to Labour Management Relations
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Regulations Relating to Industrial and Individual Dispute: Definitions of Industry,
Workmen and Employer; Authorities for the Settlement of Disputes, Works Committee,
Conciliation, Court of Inquiry and Arbitration; Workers’ participation in the Management. Govt.
Power of Reference: Statutory Definition of Strike and Lockout: Restrictions on the Right to
Strike and Lockout: Illegal Strike and Lockout; Meaning and Concept of Layoff and
Retrenchment, with or without the permission of Government, procedure of retrenchment,
compensation, Quantum of compensation, Retrenchment compensation on transfer or closure of
undertaking; Prohibition against change of service conditions pending proceeding, Recovery of
money due to a workman from employer.
Unit –II
Collective Bargaining – Nature, scope, definition, concept , Methodological aspects,
advantages, disadvantages; Types of bargaining , Plant level; Industry Level and national level ;
Conditions form successful functioning of collective bargaining : Major issues in bargaining :
Wage policy and work discipline Voluntary Settlement and Collective bargaining : Impact of
Law on Collective Bargaining and grievance procedure.
Unit –III
Role of Trade Unions and Unfair Labour Practices , Judicial and statutory definition of
trade union : Registration , Recognition , dissolution of Trade Union , Rights and Liabilities of
Registered Trade Unions , Office bearers and outsiders, Funds, Immunities – Criminal and Civil
Unfair Labour Practice and Victimization.
Unit – IV
Standing orders: Nature and scope of Standing Orders; Procedure for certification of
standing orders ,and operation thereof Duration and modification of Certified standing orders;
Temporary application of model standing orders, Interpretation and enforcement of Standing
orders and , penalties , Definition of Apprentice, Appointment of apprentices and their training ,
Standard of Physical fitness for training , authorities and constitution of councils: Payment of
stipend and grant of leave to apprentices, submission of record and returns.
Select Bibliography:
Srivastava, S.C. : Industrial Relations and Industrial Law.
Srivastava, S.C. : Industrial Disputes and Labour Management Relations.
Malhotra, O.P : Commentaries on the Law of Industrial Disputes Act, 1947
Varandian, G. : Workers’, Participation in Management with Special Reference to India
Yadav, Sunil : Labour and Industrial Laws,Central law Publications.
Morris, Gillian S. and : Collective Labour Law (3000), Oxford.
Archer, Timothy J.
Nick Humphrey : Trade ‘Union Law (1997), Blackstone , London.
Bowers John and : Text: Book on Labour Law (1998), Blackstone , London.
Hentyball Simon
Stephen Dery and : Employment Relations : Individualization and Union Exclusion
Richard Mitchell (1999), Blackstone, London.
Roger Blanpain : Comparative Labour Union Law and Industrial Relations in Chris
Engels (Eds.) Industrialized Market Economies (1999), Kluver.
Indian Law Institute : Labour Law and Labour Relations (1987)
ILO : Collective Bargaining.
ILO : Collective Bargaining in Industrialised market Economies
Sur, Mary : Collective Bargaining (1965)
Rideout, R.W. : Principles of Labour Law, Chs. 8,9 and 10(1983)
Freund, Otto Kahn : Labour and the Law (1977)
Rajagopalan, A.V. : Approaches to Collective Bargaining –Intricacies 1982, Vol. II.
Labour Law Notes, P.J. 42
Patil, B.R. : Sectionalized Bargaining in Textile Industry in Coimbatore, 20
Indian Journal of Industrial Relations 44. (1985)
Ramos Elias T. : Growth of Collective Bargaining in the Philippines, 1983-74,
14 Indian Journal of Industrial Relations 559(1987)
Ekeehukwn, T.O. : Collective Bargaining and Process of Setting Industrial
Disputes in Nigeria, 18 Indian Journal of Industrial Relations
607(1983)
Reddy, Y.R.K. : Determination of Collective Bargaining Agency, Search For
procedure, 14 Indian Journal of Industrial Relations 73 (1978).
Dayal , Sahab : Revival of Collective Bargaining in India: Some recent
Evidence, 17 Indian Journal of Industrial Relations 329 (1982).
204-Paper –II (ELECTIVE PAPER): Industrial Adjudication
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Constitutional Perspective and Foundations
Constitutional authorization for institutional framework (legislative entries , Article 323 B)
Constitutional Goals protecting capital and labour enshrined in the fundamental rights and duties
and the directive principles.
Unit – II
Origin and Growth of Adjudication System
Reference of Dispute to Labour Adjudication.
Advantages and Disadvantages of reference.
Need for Labour Adjudication
Limitations on discretion of the Govt. to refer the dispute.
Direct access to adjudicatory authority by employer and employee : problems and perspectives.
Impact on employer’s prerogative and employee’s rights
Unit – III
Adjudicatory Authorities: Bound by the rules of equity and natural justice; Application of the
rule of resjudicata composition , jurisdiction and functions of adjudicatory bodies e.g. Labour
Court, Industrial Tribunal and National Tribunal, Appointment , Powers and duties of Presiding
officer, pendency of proceedings before adjudicating authorities.
Unit- IV
Award of adjudicating authority (ies); Signing submission, publication, period of the operation
and enforcement of award, removal of doubts and difficulties in the award. Administrative
finality of decision –making –a myth, judicial review of the adjudicatory process : Constitutional
remedies by writs and appeals.
Select Bibliography:
Malhotra, O.P. : The Law of Industrial disputes, Vol. I (1988)
Srivastava, S.C. : Industrial Relations and Labour Law(2001).
ILI , Labour Law and Labour Relations, Parts II, IV, VI, VII, IX and XI.
Rideout : Principles of Labour Law (1983), Ch. 4,5 & 6
Smith , Russel A. : Collective Bargaining and Labour arbitration(1970) Part-II
Gorman, et. al. Robert A: Basic Text on Labour Law, ch. 23,24 and 25 (1976)
Relevant portions of the Report of the National commission on Labour.
Massey, L.P. : A Legal Conundrum in Labour Law, 14 JILI 386(1972)
Yadav, Sunil : Labour and Industrial Laws, Central Law Publications.
Srivastava, S.C. : Voluntary Labour Arbitration : Law and Policy, 23 JILI 349
(1981).
Aggarwal, Arjun P. : Conciliation and Arbitration of Labour Disputes in Australia,
J.I.L.I 30 (1966)
Jain, D.C. : Meaning of Industry Wilderness of Conjectural Justice (1986), 3
S.C.C. Journal 1.
Singh, T.N. : Futuristic Industrial Jurispudece, a Poser (1986) , 3 S.C.C
Journal 15
Chaturvedi, R.G. : Law and Procedure of Departmental Enquires and Disciplinary
Actions (1977)
Sabharwal, R.K : Job Security of Industrial Workers (2001)
GROUP-E: ENVIRONMENT AND LEGAL ORDER
Object: This course is framed with the object of discussing all the laws relating to
environment, resource management the International conventions dealing with
environment from time to time.
Outcome: The students shall be well acquainted with complete legal provisions relating to
environment in addition to the knowledge of international legal provisions
regarding protection of environment.
203-Paper-I (ELECTIVE PAPER): Environment and Development: Law and Policy
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Environment – Definition and background; Issues and Importance; Ancient and medieval
writings; Traditions; Religious and Cultural practices in India.
Unit-II
Development – Theories of development; Right to Development Developing economics
Sustainable Development – Concept; National and international perspectives; industrial
development and sustainable development.
Population, Environment and Development- Population explosion and environmental impact;
Populations and development, population; Industrial development ; Migration of Population.
Unit –III
Policy and Law- form Stockholm to Rio and after; Post- Independence India ; Role of
Government ; Five year plans; Forest Policy; Conservation Strategy ; Water Policy; Early
Environmental Legislation in India.
Unit -IV
Constitutional Perspectives-
Fundamental Right to environment; Enforcement of the right; Directive principles and
fundamental duties; legislative power; Environment; Emerging Concepts and challenges;
Polluter pay principle: absolute liability of hazardous industry; precautionary principle; public
trust doctrine.
Select Bibliography :
Abraham, C.M : Environmental Jurisprudence in India (1999), Kluwer
Gadgil Madhav and : This fissured Island: An Ecological History of India, Ramachandra
(1996), Oxford.
Singh R.B.& : Environmental Law in India (1996), Concept Publishing Misra ,
Suresh Co., New Delhi.
Thakur, Kailash : Environmental Protection: Law and policy in India(1997),
Deep & Deep Publications, New Delhi
Riversz, Richard L. : Environmental Law, the Economy and sustainable
Et al. (eds.) Development (2000), Cambridge.
Stone, Christopher D. : Should Trees Have Standing and other Essays on Law,
Morals and the Environmental (1996), Oceana.
Bell Stuart : Environmental Law (2000)
and Donald, McGilivray: Blackstone Press.
Webster, Charles A.R : Environmental Health Law (1981)
Leelakrishan P. : Law and Environment
Et al. (eds.) (1990), Eastern.
Leelakrishan P. : The Environmental Law in India (1999) , Butterworth- India
Department of science and Technology, Government of India, Report of the Committee for
Recommending Legislative Measures and Administrative Machinery for Ensuring
Environmental Protection (1980)(Tiwari Committee Report)
Thomas J. Schoenbaum, Environmental Policy Law (1992), Foundation Press, Inc, Westbury,
New York. Darry1 D’Monte, Temples or Tombs Industry Versus Environment; Three
Controversies (1985) , Centre for Science and Environment, New Delhi.
Indian Journal of Public Administration, Special Numberon Environment and Administration,
July- September 1988 Vol XXXV, No. 3, pp.- 353-801
Khosho, Environmental Concerns and strategic (1988). Ashish , Delhi.
Centre for Science and Environment, The Sate of India’s Environment 1982, The State of
India’s Environmental 1982, The State of India’ s Environment 1984-85 and the State of Indian
Environment 1999-2000.
World Commission on Environment and Development, Our Common Future (1987), Oxford.
Garrett Hardin, The Ostrich Factor: our Population Myopia (1998), Oxford.
Desai, Ashok A. : Environmental Jurisprudence, Modern Law House, 2 nd (ed.)
(2002)
204-Paper-II (ELECTIVE PAPER): Resource Management and the Law
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Water- salinity; Bund and spill ways; Aquaculture and fishing ; regulation : irrigation ; Ground
water management; interstate water management and disputes; River water resources and
disputes with India’s neighboring states.
Unit –II
Land- Controls on land development; Eco- friendly land planning; conservation, utilization and
conversion; Mining and quarrying; Exploitation of natural resources; Need and greed.
Unit-III
Concepts of Common property and State property- Forest ; Wildlife; Common facilities and the
right to use; roads, parks, pathways lakes, rivers ; Natural heritage – Tribal habitat, Historical
monuments; wet lands ; wise use concept.
Unit- IV
Energy- Sources ; Energy related environmental problems ; tapping , transmission and
utilization, indiscriminate use; Utilization of conventional energy: hydro-electric, thermal and
nuclear; Non- conventional Energy ; Solar, wind, tidal and biogas.
Select Bibliography:
Thakur, Kailash : Environmental Protection: Law and Policy in India (1977),
Deep& Deep Publications, New Delhi.
WCED : Our Forest, Our Future (1999) , Cambridge.
Abraham C.M. : Environmental Jurisprudence in India (1999), Kluwer.
Diwedi : India’s Environmental policies, Programmers and Stuwardship
(1999), McMillan
Enid M. Barron : Royal Commission on Environmental Pollution, London, U.K
Et al (eds.) (1998), Kluwer.
David B. Wilkins : Animal welfare in Europe (1997), Kluwer.
Mark Austen and : Basic legal Documents on International Animal Welfare and
Tamara Richards Wild Life Conservation (2000), Kluwer.
Jack Grosse : Protection and Management of our Natural Resources, Wild Life
and Habitat (1997), Oceana.
Enid, M. Barson and : Agriculture and Sustainable Use in Europe (1998), Kluwer
Liga Nielson (eds.)
Trever Hellla well : Blackstone’s Guide to Contaminate Land (2000) , Blackstone Press.
Leelakrishan, : Law and Environmental Law (1990)
P.et al. (eds)
Leelakrishannan, P. : The Environmental Law in India (1999) , Butterworth- India
Frodorick : Environmental Improvement through Economics
R. Anderson, et.al Incentives (1977).
Indian Journal of : Special Number on and Environment and Administration
Public Administration July and September 1988, Vol. XXXV, No.3
Outcome: The students shall be acquiring the complete knowledge regarding the origin,
growth and development of law in addition to the concept of legal personality etc.
203-Paper-I (ELECTIVE PAPER): Comparative Judicial Process
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Common Law and adjudication: Early history, judicial process and colonization; Common-Law
Judicial process in India; Rule of Law. The doctrine of independence of judiciary as and aspect
of separation of power. Division of Functions. The notion of the independence of judiciary and
of legal profession.
Unit-II
Appointment of Judges and transfer of Judges; Current crises of Indian adjudicatory system;
Notion of “Role” , “Role Conflict”, “Status & Role”, Notion of Judicial Review, Democratic
Character of Judicial Review Legalism
Unit-III
Ronald Dwarkin’s theory of judicial role. Interpretivism. Varieties of judicial and Juristic
activism. Problem of accountability of justices.
Unit-IV
The Socio- economic background of the Indian Judiciary. The ‘Politics’ of judiciary. The Role of
appellate Indian judges in development and renovation, and retardation, of constitutional goals,
Impact of Public opinion on Judicial Process, Power of Judicial review.
Select Bibliography:
Singhvi, L.M. : Freedom on Trial (1991), Vikas, New Delhi.
Grover Verinder (Ed.) : Political Process and Role of Courts (1997) Deep & Deep
Publication, New Delhi.
Sehgal, B.P. Singh (Ed.) : Law, Judiciary and Justice (1993) Deep & Deep, New
Delhi.
Max Gluckman : Judicial Processes among the Barotse of Northern
Rhodesia (1967)
Paul Bohanan : Justice and Judgment among the Tiv (1957)
E. Adamson Hocbei : The Law of the Primitive Man (1968).
Catherine Newman : Law and Economic Organization: A Comparative Study
of Preindustrial Societies (1983).
Baxi, Upendra : Towards the Sociology of Indian Law (1986).
Harold J. Berman : Law and Revolutions the Formation of the Western Legal
Tradition (1983).
Ghai, Yeah : The Political Economy of Law; A Third world Reader
(1986).
Henry J. Abraham : The Judicial Process (1995), Universal.
Ronald Dworkin : Taking Rights Seriously (1996), Universal
Ronald Dworkin : A Matter of Principle (1985).
John Hart Ely : Democracy and Distrust. A Theory of Judicial Review
(1980).
J. Stone : Precedent and the Law; Dynamics if Common Law
Growth
Supreme Court of Indian: Third International Conferences of Appelate Judges
Conference Papers and Proceedings (1985)
Baxi, Upendra : The Indian Supreme Court and Politics (1980)
Baxi, Upendra : Courage, Craft and Contention: The Indian Supreme
Court in Mid- Eighties (1986), Tripathi, Bombay.
Dhavan, Rajeev : The Supreme Court of India; A study of its Socio-
Juristic Techniques (1977), Tripathi, Bombay
Dhavan , Rajeev and : Selection and Appointment of Supreme Court Judges; A
Alice Jacob Case study (1978)
Dhavan, Rajeev and : The Supreme Court under; Strain the Challenge of Arrears
Kalpakam, P. (1979).
Simon Shetret & : Judicial Independence: A Contemporary Debate, Martians
Jules Descheness (Ed.) High off; Pub Dercbrecht (1985)
Martin Shapiro : Courts: Comparative and Political Analysis (1981):
University of Chicago.
Khanna, H.R. : Judiciary in India and Judicial Process (1985), S.C
Sarkar and Sons, Calcutta.
Unit-II
Mark Critique or Hegel’s Philosophy of Right; Marx on freedom of press; Marx on Human
Rights. Marx on the role of law in transition to capitalism. Law and bourgeois economic
interests. Law and Property relations, Law and Class struggle.
Unit-III
Nations of ideology, Law as ideological apparatus, the form of ideology. The content of
ideology. Legal thought and lawyer as articulators of ideology
Unit-IV
Marx on Justice: Critique of natural law. Adjudication as a site of contradiction between
fractions of capital; Progressive legislations as an instrument of serving the interest of
subordinate classes. Understanding Social Action Litigation.
Select Bibliography:
Baxi, Upendra :Marx Law and Justice : Some Indian Perspectives (1992)
Progress Publishers :Theory of State and Law (1987).
Moscow
Maureen Gain & :Marx and Engles on Law (1979).
Alan Hunt
Y. Chirkin; Yu Yudin :Fundamentals of Socialist Theory of the State and
and O. Znidkov Law (1987)
Hugh Collins :Marxism and Law (1982).
Bob Fine : Democracy and the Rule of Law: Liberal Ideals and Marxist
Critiques(1984).
Ghai, Yash et al. :The Political Economy of Law: A Third World Reader (1987)
Lloyd and Freeman : Lloyd’s introduction to Jurisprudence (1994), Sweet and
Maxwell.
Thompson, E.P. :Whigs and Hunters: The original of the Black Act(1977)
GROUP (G): CONSTITUTION & LEGAL ORDER
Object: The object of this course is to discuss the concept of welfare state, power of
judicial review, federation and the concept of human rights.
Outcome: This course shall impart complete knowledge regarding federation and its various
aspects in addition to power of judicial review.
203- Paper-I (ELECTIVE PAPER): Mass Media and Democracy Constitutional
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Form of Government
Presidential
Parliamentary form of Government under the Constitution
Executive Power
2. Parliament/State Legislature
Composition of Two Houses
Qualifications/disqualifications
Legislative Procedure
Unit-II
3. Election Commission
Constitution of Election Commission-Powers and Functions.
Electoral Reforms-Need
4. Parliamentary Privileges
Nature and Extent
Courts and Parliamentary Privileges
Unit-III
5. Relation of Executive and Legislature
Executive Control of the Legislature
Role of the Legislature
Scrutiny of the Administration
Control over the legislation
Legislative Committees
Unit-IV
6. Mass Media
Ownership
Monopoly- Private and Government
7. Freedom of the Press
Provisions of the Constitution
Article 19(1)(a)
Reasonable Restrictions- Scope
8. Role of the Mass Media
Accountability
Press Council of India
Press and Parliamentary Privileges
Select Bibliography:
Jain, M.P. : Constitutional Law of India (1994
Seervai, H.M. : Constitutional Law of India, Vol. I (1991) Tripathi, Bombay.
John B. Howard : “ The Social Accountability of Public Enterprises” in Law and
Community Controls in New Development Strategies (International
Centre for Law in Development 1980)
Dhavan, Rajeev : “ On the Law of the Press in India”, 26 J.I.L.I. 288(1984)
Dhavan, Rajeev : “ Legitimating Government Rhetoric: Reflections on Some Aspects of
the Second Press Commission”, 26 J.I.L.I. 391(1984)
Sorabjee, Soli : Law of Press Censorship in India(1976).
Justice Venkatarramiah E.S. : Freedom of Press: some Recent Trends(1984).
Basu, D.D. : The Law of Press of India(1980)
Unit-I
Role of International organization of Human Rights, Universal Declaration of Human Rights,
1948, Covenant on Political and Civil Rights, 1966 Covenant on Economic, Social and Cultural
Rights 1966, ILO, and other Conventions and Protocols dealing with Human Rights.
Unit-II
European Convention on Human Rights. European Commission on Human Rights. American
convention on Human Rights, African Convention on Human Rights.
Unit-III
International Commission of Human Rights: Amnesty International, Non-Governmental
Organizations: United Nations, division of Human Rights. International Labour Organization ,
UNESCO UNICEF, WTO, WFO.
Unit-IV
National and State Human Rights Commissions: Role of International Court of Justice and
Regional Institutions. International Criminal Courts and NGO’s at International level.
Select Bibliography:
Conforti, Benedetto and Francioni, Francesco, Enforcing International Human Rights in
Domestic Courts (1997).
Martin, Francisco Forrest, International Human Rights Law and Practice (1997)
Clements, Luck, European Human Rights Taking a Case under the Convention (1994)
Ankumah, Evelyn A., The African Commission on Human Rights and People’s Rights (1996)
Sinha, R.K., Human Rights of the World (1997)
Alston, Philip, The United Nations and Human Rights – A Critical Appraisal (1992)
Sharma R.S. and Sinha R.K., Perspectives in Human Rights Development (1997)
The Human Rights Watch Global Report on Women’s Human Rights (2000), Oxford.
Seghal, B.P. Singh, Human Rights in India (1996).
Balachandan : International Court of Justice; Its Functioning and Settlement of International
Disputes,(1997)
GROUP K: ADMINISTRATIVE LAW
Object: The course is designed with the object of providing knowledge regarding
administrative law including administrative process and its judicial control,
delegated legislation, control of maladministration and the public authorities.
Outcome: The students shall be acquiring the complete knowledge, regarding administrative
process, delegated legislation, liability of public authorities etc.
203- Paper-I (ELECTIVE PAPER): Administrative Process: Nature and Scope
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Administrative Process.
1.1 Nature and purpose of administrative law.
1.2 Dicey, Unitary Democracy and Ultra Vires- Traditional Approach.
1.3 Rights, Legality and abuse of Powers- new approach.
1.4 Rule of Law – Different Approaches.
2. The administrative systems: An historical perspective.
2.1 In England
2.2 In India.
2.3 Characteristics of Indian administrative law.
Unit-II
3. The Changing pattern in Government.
3.1 The Executive power: Central and state governments.
3.2 The role of the legislature- controls over administration and legislature.
4. Changing face of administration.
4.1 The bureaucracy efficiency and accountability.
4.2 Administrative agencies contracting out.
4.3 Public Corporation.
Unit- III
5. Local self government.
5.1 Organizations.
5.2 Powers, Functions, finance.
5.3 Accountability and Controls.
Unit-VI
6. Operation of administrative process.
6.1 Competition: Law and Policy.
6.2 Regulation- establishment, operation and control of regulatory bodies.
6.3 Utilities and market power-case study of regulatory bodies.
6.4 Citizen Character.
6.5 Privatization.
Select Bibliography:
Friedman, The State and the Rule of Law in a Mixed Economy.
Dicey, introduction to the Law of the Constitution.
Davis, Discretionary Justice.
Jain & Jain, Principles of Administrative Law (1986) Tripathi.
Smith , De, Judicial Review of Administrative Action (1995)
Jain, M.P., Cases and Materials on Administrative Law (1996), VoI. I. Wadhwa ,
Nagpur.
Craig, P.P., : Administrative Law (2001)
204- Paper-II (ELECTIVE PAPER): Administrative Process and Judicial Control
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Nature of Judicial Control.
1.1 The Power of Judicial review.
1.2 Jurisdictional questions.
1.3 Problems of invalidity- direct or collateral proceedings , void or voidable, problems
of proof.
Unit-II
2. Write Jurisdiction: General
2.1 Constitutional provisions.
2.2 General Conditions.
3. Standing.
3.1 Traditional approach.
3.2 New approach.
Unit-III
4. Writs in particular.
4.1 Mandamus
4.2 Ceritio- rari and prohibition
4.3 Habeas corpus and quo warranto.
5. Other remedies
5.1 Any other order or directions – meaning and scope.
5.2 Declaratory orders.
5.3 Injunctions.
Unit-IV
6. Exclusion of judicial review: ouster clauses.
6.1 Finality and shall not be questioned clauses.
6.2 Conclusive evidence clause.
6.3 As if enacted clauses.
6.4 Time Limits clauses
Select Bibliography:
Sathe, S.P., Administrative Law (1998), Butterworths, India.
Smith De, Judicial Review of Administrative Action (1995), Sweet and Maxwell.
Massey, I.P. Administrative Law (1995), Eastern, Lucknow.
Banerjee, Bagawati Prosad, Writ Remedies, (1999), Wadhwa, Nagpur
Jain, M.P., The Evolving Indian Administrative Law (1983), Tripathi, Bombay.
Jain & Jain , Principles of Administrative Law(1986), Tripathi.
Jain , M.P., Cases and Materials on Administrative Law (1996), Vol. I., Wadhwa,
Nagpur.
LL.M.-3rd Semester
301- Paper-I (Core Paper): Research Methodology
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: The syllabus has been designed for the purpose of imparting the students the
complete knowledge regarding the research in legal field, various methods used
while conducting the research and its utility.
Outcome: The student shall acquire the complete knowledge regarding legal research,
various methods of it in addition to its utility and relevance.
Unit-I
1. Meaning; Objectives and Scope of Legal Research.
2. Socio-legal Research in India
3. Kinds of Legal Research, Doctrinal and non-doctrinal legal research
4. Legal Research and law Reform
5. Legal Reasoning: Use of Deductive and inductive method.
Unit-II
1. Legal knowledge- Meaning of Law, Sources of Law and where to find law.
2. Major steps involved in doing legal research
3. Identification & Formulation of Research Problem.
(a) Survey of available literature and bibliography.
(b) Legislative materials including subordinate legislation, notification and policy
statement.
(c) Decisional material
(d) Juristic Writings, compilation of list of reports or special studies.
4. Hypothesis: Meaning, Importance, Characteristics, Types, sources and its Formulation
Unit-III
1. Legal Research Design
Meaning of Research Design, Aspects to be considered in Research design, Contents,
Steps, Characteristics, Need Significance of good research Design Types of Research
Design.
2. Sampling Design for Legal Research- Census and sampling methods, Merits and
Demerits of Sampling, Characteristics of a good sampling unit, procedure to select a
sample, size of a sample and types of sampling, sampling error and standard error.
3. Data to collection and its Methods.
(a) Use of observation studies, questionnaires and schedules.
(b) Interview techniques
(c) Surving method
(d) Case study method
(e) Scaling techniques
(f) Project Technique
4. Analysis and Interpretation of legal Research DATA
Unit-IV
1. Generalization in Legal Research
2. Sociometry in Socio-Legal Research
3. Preparing Legal Research Report
4. Report Writing
5. Computer Application and Legal Research
Select Bibliography:
Price, M.O. Bitner, H. and : Effective Legal Research (1978)
Bysiewiez
Young, Pauline V. : Scientific Social Survey and Research (1962)
Grade, William J. and : Methods in social Research, McGraw-Hill Book
Paul, K. Hatt Company, London
Hyman, H.M. : Interviewing in Social Research (1965)
Erwin, C. Surrency, B. Fieif : A Guide to Legal Research (1959)
and J. Cera
Morris, L. Cohan : Legal Research in Nuishelc (1996)
West Publishing House Co.
Havard Law Review : Uniform System of Citations.
Association,
ILI Publication, : Legal Research and Methodology
Baxi, Upendra : Social Legal Research in India.
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Object: The object of this paper is to discuss certain legal maxims evolved and applied by
common law courts and other courts across the world. It also aims at discussing
each and every aspect of Indian Trusts Act.
Outcome: The student shall be having the complete knowledge regarding the equitable
principles, legal maxims initially applied by the equity courts and the provisions
of Indian Trusts Act.
Unit – I
Equity : Definition, nature and origin of equity; Equity as a Court of conscience, Transformation
of Equity; the relation between law and equity; Judicature Acts, 1873 and 1875; The nature of
equitable rights. The Equitable Doctrines; Conversion and Reconversion; Election; Performance
and Satisfaction.
Unit – II
The Maxims of Equity :
Equity will not suffer a wrong to be without a remedy; Equity follows the law; Where equities
are equal, the law shall prevail; Where equities are equal, the first in time shall prevail; He who
seeks equity must do equity; He who comes to equity, must come with clean hands; Delay
defeats equity; Equality is equity; Equity looks to the intent rather than to the form; Equity looks
on that as done which ought to have been done; Equity imputes an intention to fulfill an
obligation; Equity acts in personam.
Unit – III
The Indian Trusts Act, 1982 :
Definition (Sec. 3); Creation of Trusts (Secs. 4 to 10); Duties and Liabilities of Trustees (Secs.
11 to 30); Public and Private Trust and Doctrine of Cypers.
Unit – IV
Rights and Powers of Trustees (Secs. 31 to 45); Disabilities of Trustees (Secs. 46 to 54); Rights
and Liabilities of Beneficiary (Secs. 55 to 69); Extinction of Trusts (Secs. 77 to 79).
Books Recommended:
Aggarwal, D.P. : Indian Trust Act,1882.
Hanbury’s : Modern Equity.
Ketton : Equity
Singh, G.P. : Principles of Equity(with special reference to Trust and Specific Relief)
Snells : Principles of Equity.
Subbarao, G.C.V. : Equity, Trust, Fiduciary Relations, Law of Mortgages and Specific
Relief.
GROUP –A : INTERNATIONAL LAW & ORGANIZATIONS
Object: The object of this group is to make the students aware about evolution, nature and
composition of International Labour Organization. It also aims to discuss
disarmament, peace strategies, law and diplomacy and the law of sea.
Outcome: The students shall be acquiring the knowledge regarding international and
contemporary issues in addition to nature and functioning of ILO.
Unit – 1
International movement for Humanization of Warfare, Contribution of Classical writers;
history of Red Cross; Geneva Conventions of 1864 for Amelioration of the Conditions of
wounded soldiers in Land Army: St. Petersburg Declaration, 1868 .The Hague Conventions of
1899 and 1907. Geneva Conventions of 1929and 1949 on Treatment of Prisoners of War,
Wounded and Sick Persons and Civilian Persons.
Unit -II
International efforts to out law slavery, slave trade and practices similar to slavery. Forced
Labour and trafficking in Human Beings. United Nation and the Humanitarian Law. The role of
ECOSOC and ILO; crusade against discrimination in respect of employment and occupation,
racial discrimination.
Unit – III
International Refugees: The UN Relief and Rehabilitation Administration and the
International Refugee Organizations. Conventions relating to status of refugees and stateless
persons. Genocide Conventions.
Unit – IV
Implementation of Right of self – Determination Declarations on the grant of Independence to
Colonial Centuries and People, Humanitarian Treatment of peoples living under colonial
trusteeship. Eliminating Discrimination against woman through International Co-operation.
Select Bibliography:
Hosoya, A.: Ando N., Onuman Y.; Minear R. : The Tokyo War Crimes Trial (1986).
Tunkin, G : Theory of International Law (1974)
Schwarzenberger, G. : The Law of Armed Conflicts (Vol . II).
Stone , J. : Legal Controls of International Conflicts (1959).
Falk , R., “The Shimoda Case” 69 Am. J. Int. Law (1965).
Taylor , T. Nuremberg and Vietnam: An American Tragedy (1971).
304- Paper –IV (ELECTIVE PAPER): Law and Diplomacy
Max. Marks : 100
Credits: 5
Time : 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit – 1
Contemporary International System; International Stratification, Neo – Colonialism Dependence
and Domination, Geopolitical Considerations. Beginning of Diplomacy: various Diplomatic
Traditions, Greek , Byzantine and Indian , Golden age of classical Diplomacy of 18 th and 19 th
Centuries in Europe.
Unit –II
Transition from ‘old’ to ‘ new’ diplomacy , Impact of the First World War and the Russian
Revolution. Impact of Technology on the Conduct of Diplomacy , Impact of Nuclear Weapons,
Military Alliance Secret Open Diplomacy, Democratic Control of Foreign Policy.
Unit –III
Diplomacy in Contemporary World : Cold War and its Impact on Diplomacy, Diplomacy of the
Summit, Diplomacy in the United Nations , Development and Diplomacy, Diplomacy through
Mass Media and Propaganda.
Unit – IV
Crisis Management: Nicaragua, Namibia Palestine, Sri Lanka, Iran – Iraq Conflict.
Diplomacy in the Law of the Sea Conventions. Diplomacy and New Human Rights Conceptions.
Diplomacy and Right to Development. Declaration the Stockholm Declaration on Environment.
Select Bibliography:
Ball , A. : Modern International Negotiations (1969).
Clark, I. : Reform and Resistance in International Order (1980)
Clark, I. : “The Satisfied and the Dissatisfied States Negotiate International Law : A Case Study
, ” 18 World Politics, 20-21 (1965)
Nicolson , H : Diplomacy (1969)
Stone , J. : Law and Nations (1974)
Hanken , L : How Nations Behave (1968)
Friedheim, R.L. : Parliamentary Diplomacy – A Survey (1976)
Anand , R. P. : International Courts and Contemporary Conflict (1979)
Group – B: CRIMINAL LAW
Object: This group is designed to discuss history and principles of criminal law,
comparative criminal procedure, criminology, penology and juvenile delinquency.
Outcome: The students shall be well versed with each and every aspect of criminal law in
addition to Juvenile Justice Law.
303- Paper-III (ELECTIVE PAPER) : Criminology
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
1. Definition, Nature and Scope of Criminology.
2. Schools of Criminology.
(i) Classical School
(ii) Cartographic school
(iii) Socialistic School
(iv) Typological school
a. Italian or Positive School
b. Mental Testers School
c. Psychiatric School
(v) Sociological School
(vi) Multifactor School
Unit – II
3. Sociological Theories of Criminal Behaviours, Differential Social Organization.
4. Crime and Social Processes.
5. The Home and Family in relation to crime.
Unit – III
6. Collective Violence and Criminal Justice System.
a. Violence – Nature and Kinds
b. Contributory FACTORS
c. ‘Constitutional’ and ‘Criminal’ Speech: Speech as Incitement to Violence.
d. Terrorism – Location, Growth and Legal Response.
e. Communal Violence in India.
f. Violence against Depressed Classes.
g. Violence against Women.
Unit – IV
Privileged Class Deviance
a. Concept of white collar crime.
b. Indian approaches to socio – economic offences.
c. Notions of privileged class deviance as providing a wider categorization of
understanding Indian development.
d. Typical terms of deviance i.e., Professional deviance, Police deviance ,
official deviance.
e. Response of Indian Legal order to the Deviance of Privileged Classes.
Select Bibliography:
1. Sutherland and Cressey : Principles of Criminology.
2. Siddique. A. : Criminology (1984) Eastern, Lucknow.
3. Baxi, Upendra : The Crisis of the Indian Legal System
(1982), Vikas Publishing House, New Delhi.
4. Baxi, Upendra (ed.) : Law and Poverty Essays (1988)
5. Baxi, Upendra : Liberty and Corruption. The Antulay Case
and Beyond (1989)
6. Dwivedi, Surendranath : Political corruption in India (1967)
and Bhargava, G.S.
7. Desai, A.R. (ed.) : Violation of Democratic Rights in India
(1986).
8. Noorani, A.G. : Minister’s Misconduct (1974)
9. Panday, B.B : “The Nature and Dimensions of Privileged
Class Deviance” in Shukla , K.S. (ed.) The Other
Side of Development 136(1987).
10. Rothermund, Indira : “Patterns of Trade Union Leadership in
Dhanbad Coal Frields” 231, I.L.I. 522(1981)
11. Baxi, U. : “Dissent , Development and Violence” in
Meagher R. (ed.) Law and Social Change : indo –
American Reflections 92 (1988)
12. Desai, A.R. (ed.) : Peasant Struggles in India (1979).
13. Dhangare, D.A. : Peasant Movement in India : 1920
1950(1983)
14 .Guha , Ranjit : Elementary Aspect of Peasant Insurgency in
Colonial India (1983) Ranjit Guba (ed.), subaltern
studies Vol. 1-6 (1983-1988).
15 Honderich, T. : Violence for Equality (1980).
16 Jucrgensmeyer, Mark :“The Logic of Religious Violence : The Case of Punjab”
22 Contributions to Indian Sociology 65 (1988)
17 Kothari , Rajni : State Against Democracy (1987)
18. Shah, G. : Ethnic Minorities and Nation Building:
Indian Experience (1984)
19 Shukla, K.S. :“Sociology of Deviant behaviour” in 3 ICSSR Survey of
Sociology and Social Anthropology 1969-1979(1986)
304-Paper –IV (ELECTIVE PAPER): Penology
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
1. Definition, nature and scope of Penology.
2. Variation in Punitive Policies.
3 Theories of Punishment.
Unit-II
4 Capital Punishment.
(a) Constitutionality of Capital Punishment.
(b) Judicial Attitudes towards Capital Punishment.
(c) Law Reform Proposals.
(d) Retention or Abolition of Capital Punishment.
5 Approaches to Sentencing and Alternatives to Sentencing.
6 The Sentencing of offenders.
(a) Kinds of Sentences.
(b) Judicial Discretion in Sentencing Offenders.
(c) Pre-sentence Hearing.
(d) Habitual Offenders and Enhanced Punishment.
(e) Summary Punishment.
(f) Plea – Bargaining
Unit – III
7 Probation
8 Parole
9 Release from Prison.
(a)Pardon
(b) Indeterminate Sentence
(c) Good time Laws
Unit – IV
10 Prison System
(a) The State of India‘s Jails Today .
(b) The Disciplinary Regime of Indian Prisons.
(c) Classification of Prisoners.
(d) Rights of Prisoner and Duties of Custodial Staff.
(e) Deviance by Custodial Staff.
(f) Open Prisons.
(g) Judicial Surveillance –Basis – Development Reforms.
11. Recidivism
12. Prevention of Crime.
Select Bibliography:
1 Chhabbra , S. : The Quantum of Punishment in Criminal
Law(1970)
2 Hart, H.L.A : Punishment and Responsibility (1968)
3 Packer, Herbert L. : The Limits of Criminal Sanction (1968).
4 Ross, Alf : On Guilt , Responsibility and Punishment (1975)
5 Siddique, A. : Criminology (1984), Eastern, Lucknow.
6 Sutherland and Cressey : Principles of Criminology.
7 Law commission of India : Forty , Second Report Ch. 3 (1971)
8 Shukla, K.S. : ‘Sociology of Deviant Behaviour’ in 3 ICSSR
Survey of Sociology and Social Anthropology 1969-
1979 (1986).
9 Banerjee, Tapas Kumar : Background to Indian Criminal Law (1990), R.
Company & Co., Calcutta.
GROUP-C: BUSINESS LAW
Object: The object of this group is to study legal and quasi legal problems connected with
corporate sector. It also aims to study and evaluate relevant case law with a view
to the evolution of a sound code of company practice.
Outcome: The students shall come out with complete knowledge of legal provisions
regarding corporate sector and its role in the growth and development of the
society.
303- Paper- III (ELECTIVE PAPER): Law of Banking and Negotiable Instruments
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
- Nature and Development of banking; Nationalization of Bank, Relationship of
Banker and customer; Banking Business; Banker’s Lien, Type of Accounts.
- Social control of Banking Institution.
- Banking Regulation Act,1949- Applicability to Banking Companies and Public
Sector Banks; Business of Banking Companies; Control over Management;
Prohibition of Certain Activities in Relation to Banking Companies Acquisition of the
Undertaking of Banking Companies in certain cases.
- Winding up of Banking Companies; Special provision for speedy disposal of winding
up proceedings.
- Banking Regulation Act as applicable to certain co-operative Banks.
- Social Control of Banking Institutions.
Unit-II
- Reserve Bank of India Act,1934- Purpose and scope, organizational structure of RBI;
Powers and Functions of RBI: Incorporation, Capital, Management and Business,
Central Banking Business, Provision relating to non-banking institutions receiving
deposits and Financial Institutions, Prohibition of Acceptance of deposits by
unincorporated bodies.
- State Bank of India Act, 1955- Objectives and purposes, Incorporation and Share
Capital of SBI; Establishment of SBI, Authorized Capital, Issued Capital,
Management; Business of State Bank of India- State Bank as agent of Reserve Bank,
Business which SBI may or may not transact, Power of Acquisition of Business of
other Banks.
Unit-III
- The Negotiable Instruments Act- Purpose and object, Historical development of law
relating to Negotiable Instruments.
- Definition, kinds of negotiable instruments, promissory note, kinds of crossing and
their effect, holder and holder in due course; payment in due course; inland and
foreign instruments; Ambiguous instruments, Inland and Foreign instruments, Parties
to Negotiable Instrument, Capacity to make; Maker, drawer and acceptor principal;
Negotiable Instrument without consideration; position of Minor, agency and Legal
representative.
Unit-IV
- Negotiation and Liability, Negotiation and assignment; Negotiation by delivery and
by Indorsement; Kinds of Indorsement- Indorsement in blank and Indorsement in full,
restrictive Indorsement, Indrosement sans recourse, conditional Indorsement, Partial.
Indorsment, Liability of Parties- Liability of acceptor, maker, drawer, Drawee,
Discharge from liability by cancellation, delay in presenting material alternation,
negotiation back, allowing more than 48 hours to accept; Presentation for acceptance
and payment, presentment to agent etc, Time and place of presentment, when
presentment unnecessary, Dishonour and notice of dishonour, noting and protests,
Acceptance and payment for honour and reference in case of need.
- Special rules of evidence- Presumptions and estoppel, penalties for dishonour of
certain cheques for insufficiency of funds in account.
Select Bibliography:
Bhashyam & Adiga : The Negotiable Instrument Act
Parthsarthy : Cheques in Law and Practice.
Aggarwal, C.L. : Law of Hundi and Negotiable Instruments.
Canygton : Business Law
Smith and Keenan : Essentail of Mecantile Law.
Tannan’s : Banking Law and Practice in India
Sethi : Commentary on Banking Regulation Act,1949.
304- Paper- IV (ELECTIVE PAPER): Law of Industrial and Intellectual Property
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
.
Unit-I
- Meaning and concept of Intellectual property; National and International protection of
intellectual property, an overview of TRIPS Agreement, WTO and WIPO.
- Paris Convention for Protection of Industrial Property.
- The Trade Marks Act, 1999- Object and scope of the Act; The concepts of mark,
trade mark, registered trade mark; certification trade mark, deceptively similar mark;
goods and services. Registration of trade mark- conditions for registration; procedure
for registration and Duration of registration; fact of Registration, Assignment and
Transmission of registered trade mark and unregistered trade mark; Infringement of
trade mark and remedies.
Unit-II
- Object and purpose of Copyright Law, International Conventions on Copyright;
Berne Convention, WIPO Copyright Convention and Phonogram Treaty.
- The Copyright Act,1957 with the latest Amendments, Object and Scope of the Act;
The concept of author, work, literary work, artistic work, musical work,
Cinematography film, work of sculpture, reprography, computer programmer,
copyright ; and adaptation Copyright office. Term of copyright; Registration of
copyright, infringement of copyright and remedies.
Unit-III
- Object and purpose of Patent Law; value of patent system; International character of
patents, Advantage of Patent to Inventor; Rights and obligations of patental.
- The Patents Act,1970 with the latest amendments- Object and scope of the Act;
Concept of patent, invention, patented article and patented process. Registration of
patents; inventions not patentable’ infringement of patents and remedies.
Unit-IV
- Industrial Design and Geographical Indications- Scope and purpose, subject matter of
protection.
- The Design Act,2000- Object and scope of the Act, Concept of design, proprietor of a
new or original design; Registration of Design; Copyright in registered design, piracy
of Designs and remedies.
- Geographical Indications of Goods Act, 2002- object and scope of the Act; concept of
Geographical Indications; conditions for registration; procedure and duration of
Registration, Effect of Registration.
Select Bibliography:
Special attention should be given to literature of the U.N. System, WIPO and the UNESCO.
Terenee P. Stewart (ed.) :The GATT Uruguay Round: a Negotiating History (1986-
1994) the End Game (Part-I) (1999), Kluwer.
Iver P. Cooper : Biotechnology and Law (1998), clerk Boardman
Callaghan, New York.
David Bainbridge :Software Copyright Law (1999), Butterworths.
Sookman : Computer Law (1998), Carswell.
Patent Co-operation Treaty Handbook (1998), Sweet and Maxwell.
Cornish,W.R. : Intellectual Property Law (1999), Sweet and Maxwell
Narayanan, P. : Intellectual Property Law
Vashishth, Vikas : Intellectual Property in India- Law and Practice.
Wadehra, B.L. : Law Relating to Patents, Trade Mark, Copyright and
Designs.
Bansal, Ashwani K. : Law of Trade Mark
GROUP-D: LABOUR, CAPITAL AND LAW
Object: The course is designed to acquaint the students about legal relationship between
labour and capital, industrial adjudication, law of social security and other labour
laws dealing with wages, working hours and other monetary benefits.
Outcome: The students shall be acquiring complete knowledge regarding organized sector,
unorganized sector, their wages, social security and other protective laws.
303- Paper –III (ELECTIVE PAPER): Law Relating to Social Security
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Meaning and Concept of Social Security; Origin and Development of Social Security; Social
Security measures and International Labour Organization; Classification of Social Security
Legislations in India.
Maternity Benefit Act, 1961
Object and application of the Act, Definition of Women, prohibition against employment
of pregnant women, Maternity Benefits under Act, Authorities for the implementation of the Act,
Maternity Benefits under the Employees State Insurance Act, 1948; Maternity Benefits under
the Plantation Labour Act, 1951 ; Inclusion of the period of maternity leave for eligibility of
leave under factories Act and Mines Act.
Unit – II
The Workmen’s Compensation Act, 1923; Liability of Employer to pay compensation
and right of the workman to receive compensation –conditions, Personal injury , Accident ,
Arising out of and in the course of employment, Computation of compensation, compensation in
case of death; who are entitled to benefit in the event of death of workman ; Amount of
compensation; payment of composition ; principle compensation; Procedure , machinery and
realization of compensation.
Unit – III
Employees State Insurance Act, 1948
Object and scope of the Act/Exempted Establishment, Definition of Employee , Factory ;
Employees Sate Insurance Funds; Purposes for utilization of funds, vesting of property ,
Investment of funds, Composition and Powers of Employees State Insurance Corporation:
Constitution and Powers of Standing Committee , Medical Benefit Council; Contribution,
Liability for Contribution during period of Payment of Contributions; Benefits Sickness,
Disablement, Dependents, Medical Authorities to Adjudicate Dispute ; (Penalties of offences)
Unit – IV
Employees Provident Funds & Miscellaneous Provisions Act, 1952
Development of Provident Fund Legislation in India; Scope of Applicability of the
Employees ‘Provident Funds and Miscellaneous Provisions Act, 1952 ; Employees’ Provident
Fund Scheme, Employees ‘ Family Pension Scheme ; Family Pension Funds; Authorities under
the Act; Penalties for Offences.
Payment of Gratuity Act. 1972
Nature and concept of Gratuity, Conditions for Payment of gratuity, Computation of
Gratuity; Determination and recovery of Gratuity and Administration of the Act.
Select Bibliography:
Choudhary. R.N. : Commentary on the Workmen’s Compensation Act,
1923(2000), Orient.
Srivastava, S.C. : Social Security and Labour Laws (1985)
Yadav, Sunil : Labour and Industrial Laws,Central Law Publications.
Srivastava, K.D. : Commentaries on Workmen’s Compensation Act. (1923)
Rideout, R.W. : Principles of Labour Law (1988), Chs. 12,13
Varandani, G. : Social Security for Industrial Workers in India.
Saharay, H.K. : Industrial and Labour Laws of India (1987), Chs. 7 and 8
Munkman : Employer’s Liability (1985), Chs. 1,2,3,22 and 23.
Harry Calvert : Social Security Laws (1978)
Reports of the National Commission on Labour 1969 (relevant portions)
Sehgal, Neeru : Employment of Women and Reproductive Hazards in
Workplace, 29 JILI 201 (1987)
Sinha,Parkash : Quality of Working Life and Quality of Life (1982)Indian
Journal of Industrial Relations, p. 373.
Malik Jyotsna Nath : Workmen’s Compensation Act and some Problems of Procedure,
3J. 131 (1961),
Bhattacharya, V.P. : Some Aspects of Social Security Measures in India (1970)
304- Paper –IV (ELECTIVE PAPER): Law Relating to Wages & Monetary Benefits
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
Concept of wages and its nexus with demand and supply- Welfare of workers and the
Payment of Minimum Wages ‘ Theories of wages, Basic, Minimum, Fair and Living Wages;
Wage rates for skilled, unskilled and Part –time Workers; National Wage Policy ; Wages in
Multi- national corporation; Impact of globalization; Role of ILO Convention- and
recommendations relating to wages.
Unit- II
“Minimum Wage” under the minimum wages Act, 1948 and under the Constitution of
India; powers of State Govt. to fix different rates for certain Employments mentioned in the
Schedule of the Act, Procedure for fixation and revision; Constitutionalisation of Legal Rights
Elevations of legal rights to fundamental right. Workers participation in management, impact on
wage determination.
Unit-III
Payment of Wages under the Payment of Wages Act, 1936 Statutory definition of
‘Wage’, responsibility for payment of Wage; Wage periods; Time for payment; Deduction;
Fines; Authorities under the payment of Wage act; Procedure for disposal of appeals;
Enforcement Machinery in the Act- their powers and functions; Contracting out; Rule making
powers.
Unit- IV
Concept of Bonus; Purpose of Bonus; Concept of Profit Sharing; Bonus and Dividend ;
Bonus and Wages ; Basis for the calculation of Bonus under the payment of Bonus Act, 1965;
Eligibility and Disqualification for Bonus; Payment of Minimum & Maximum Bonus,
Adjustment of Customary or Interim Bonus against Bonus Payable under the act; Recovery of
Bonus and reference of disputes under the Act ; Penalty ; Power to make rules.
Selected Bibliography:
Malhotra, O.P. :Law of Industrial Disputes(1999)
Yadav, Sunil : Labour and Industrial Laws,Central Law Publications.
Singh, R.R. :Labour Economics Chs. 6,7,8 and 9 (1971)
Singh, Raghuraj :Movement of Industrial Wages in India (1955)
Kothari , G.L. :Wages , Dearness Allowances and Bonus (1968)
Varandani, G :Workers’ Participation in the Management.
Singh, Y.B. :Industrial Labour in India Part I (1960)
Giri, V.V. : Labour Problem in Indian Industry, Ch. 6 (1972)
Report on the National Commission on Labour 1969 (Relevant Portions).
International Labour Office, Wage (1968)
International Labour Office, Wage Fixing (1981)
International Labour Office, Minimum Wage Fixing (1981)
Srivastav, Suresh C:Machinery for Fixation of Minimum Wage of Sweated Labour in India-
Problems and Prospects, 23 J.I.L.I 495(1981)
Agarwal , R.D. : Dynamics of Labour Relations in India (1972)
Dayal, Sahab : Wage, Income and Industrial Relation in Modern India: An
Evaluation of Selected Empirical Implications 15. Indian Journal of
Industrial Relations 295 (1977)
Seth, Madhrui G. : Bonus in Equity Perspective, 15 Indian Journal of Industrial
Relations, 119(1979)
Lal, Deepak : Theories of Industrial Wage Structures: A Review, 15
Indian Journal of Industrial Relations, 167 (1979)
Sastry , C, Mani : Wage Structure and Regional Labour Market , Indian
Journal of Industrial Relations 344 (1985)
Chawla, R.L. : Wage Policy and Industrial Relations. A Brazilian Case
Study, 17 Indian Journal of Industrial Relations, 27 (1981)
Srivastava, K.D. : Commentaries on the Payment of Wages Act, 1936
(1972)
Pal, G.V. : Bonus Indian Law and Priactice.
Fonseca, A.J. : Wage Determination and Organised Labour in India.
Unit-IV
The Relation between Law and Justice : the dependence of the realization of justice on Law;
The conformity of law to, justice. The dependence of justice on social action. The criteria
of just law- the equivalence theories and dependency theories.
Select Bibliography:
Freeman, M.D.A. (ed.), Lloyd’s Introduction to Jurisprudence (1994), Sweet& Maxwell.
Bodenheimer, Jurisprudence: The Philosophy & Method of Law (1997) Universal, New Delhi.
Freedman, Legal Theory (1960) , Stevens and sons, London
Ralws John, Theory of Justice (2000) Universal, Delhi,
Allen, C.K., Law in the Making (1961)
St. Thomas, Aquinas, Summa Theologica (1963)
Aristotle, The Nicomachean Ethics (1966) Wordswoth Classics.
Greene; W.C. (ed.), St. Augustine, The City of God (1960).
Freund, P.A. “Social Justice, and the Law”, in Brandt, Social Justice, 93-117 (1962).
Garlan, E.N., Legal Realism and Justice, (1941).
Grotius, H., De Jure Belli et Pacis (1925).
Gurvitch, G.L.; “Justice” in Encyclopedia of the Social Sciences, 509-514; Vol.4 .
Kant, I., “The Science of Right”, in Great Books of the Western World Vol. 42 (1952).
Kelson, H., What is Justice? (1957).
Leibniz, G.W. , “On the Notions of Right and justice”, in L.E. Loemker (ed.), Philosophical
Papers and Letters (1956)
Maritan, J, The Rights Man and Natural Law (1943).
Mckeon , R.P. , “The Meanings of Justice and the Relations among Traditions of Thought”
41 Revue International de Philosophie. 253-267 (1957) .
Olafson, F., (ed.), Justice and Social Policy, (1961)
Perelman, C. , The Idea of Justice and the Problem of Argument (Translated by J. Petric, 1963).
Argument , C. , “Justice and Justification”, 10Natural Law Forum, 1-20(1965)
Piaget, J., The Moral Judgement of the Child (1932).
Potter, H., The Quest for Justice (1951).
Rawls, J., “The Sense of Justice” 72 The Philosophical Review, 281-305(1963)
Rescher, N., Distributive Justice (1966).
Von Wright , G.H. The Varieties of Goodness(1963).
Barry, Brian, The Liberal Theory of Justice: A Critical Examination of the Principal Doctrine in
a Theory of Justice by John Rawls (1973).
Harrison , Jonathan, Themes in Theory of Justice (1983).
Rosolaind Brooke, Law, Justice and Social Policy (1979).
Ginsberg, Morris, On Justice In Society (1965)
Boderherimer, Edgar, Treatise on Justice (1967)
Eckhoff, Torstein, Justice its Determinants in Social Interaction (1974), Rotterdam
University press.
Stuart, Henry , Private Justice (1983)
Joel Feinbeing, Rights , Justice and the bounds of Liberty (1980)
Burton M. Lieser, Liberty, Justice and Morals (1979)
Chaturvedi , R.G., Natural and Social Justice (1975)
Bentham, Jeremy, An Introduction to the Principles of Morals and Legislation (1789)
Begler, Edmund and Meerloo, Noost , Justice and Injustice (1963)
Cahn, Edmond, The Sense of Injustice (1949)
Cahn, Edmond, The Moral Decision (1956)
Cohen, John Chance, Skill and Luck (1960)
Hart, H.L.A. “Are There Any Natural Rights”, 56 The Philosophical Review (1955).
Reiss, Hans (ed.), Kant’s Political Writings (1970)
Group (G): Constitution & Legal Order
Object: The object of this course is to discuss the concept of welfare state, power of
judicial review, federation and the concept of human rights.
Outcome: This course shall impart complete knowledge regarding federation and its various
aspects in addition to power of judicial review.
303- Paper- III (ELECTIVE PAPER): Constitutionalism: Power of Judicial Review
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Concept of Constitutionalism
Common Law
Indian Concept: Before Independence
Present Constitutionalism
2. Independence of Judiciary
2.1 Doctrine of Separation of Powers
2.2 Rule of Law
2.3 Independence of Judiciary in India
3. Judiciary in India
Appointment of Judges
Jurisdiction and Powers of the Supreme Court and the High Court
Unit-II
4. Power of Judicial Review
Supremacy of the Constitution
Doctrine of Ultra Vires
Judicial Review of Constitutional Amendments. Legislations, Administrative Actions
5. Writ Jurisdiction
Articles 32 and 226
General Conditions
Particular Writs
Unit-III
6. Expanding Dimensions of Fundamental Rights
6.1 Public Interest Litigation
6.2 Definition of State Action
6.3 Judicial Review of Discretion
6.4 Judicial Activism
Unit-IV
7. Exclusion of judicial Review
7.1 Political Questions
7.2 Express exclusion by the Constitution
7.3 Judicial Self-restrain
8. Courts and Tribunals
8.1 Subordinate Judiciary
8.2 Tribunals
Select Bibliography:
Seervai, H.M. : Constitutional Law of India (1991), Tripathi, Bombay.
Bhatnagar, Sudha : Union- State Financial Relations and Finance Commissions
(1979)
Chandra, Ashok : Federalism in India(1965)
Sebastian, V.D. : Indian Federalism: The Legislative Conflicts, Chs. 6-7 and 8
(1980)
Chandrapal : Centre-State Relations and Cooperative Federalism, Chs. 5 and 8
(1983)
Subba, Rao G.C.V. : Legislative Powers in Indian Constitution Law, Chs.
37,38,39(1982)
Richard M. Pious : The American Presidency, 293-331, Ch. 9 (1979)
Deniel J. Elazar : American Federalism, Chs. 3 and 4 (1984)
Krishna Shetty, K.P. : The Law of Union- State Relations and the Indian Federalism Ch.
9(1981)
Ludri, Amit : Law of Personal Autonomy (2012 ed.)
Report of the Eighth Finance Commission.
Administrative Reforms Commission on Centre-State Relationship, Ch. 3 (1969)
Constituent Assembly Debates Vol. 9, 203, 204 and 302-349, Vol. 10, 325-342.
Administraive Reforms Commission, Report of the Study Team on Central-State Relationship
(1967) Vol. I, Sections I and II, pp IS-168
Singhvi, L.M.(ed) : Union-State Relations in India 124-154 (1969)
Government of Tamilnadu : Report of the Centre-State Relations Inquiry Committee Ch.
5(1971)
Lakadwala, D.T. : Union-State Financial Relations (1967)
Jain, M.P. : Indian Constitutional Law (1994), Wadhwa
Subba Rao, K. : The Indian Federation (1969)
Wheare, K.C. : Federal Government (1963)
Gupta, R.K. : Fiscal Relations Between the Centre and the States under the
Indian Constitution.
304- Paper- IV (ELECTIVE PAPER): Federalism: Union-State Relations
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Federalism
Classical Federalism- USA, Australia, Canada
Co-operative Federalism
Essential Conditions of Federalism
2. States of the Union
Creation New States
No guarantee of territorial integrity
State Autonomy
Unit-II
3. Legislative and Administrative Relations
Distribution of Legislative Powers
Principles of Interpretation, Residuary power, Dominance of the Union Power
Unit-III
4. Financial Relations
Distribution of Taxes.
Tax sharing under the Constitution
Finance Commission
Doctrine of Immunity of Instrumentalities
5. Inter-State Trade and Commerce
Freedom of Trade and Commerce
Restriction on the Freedom
Authority to regulate Trade and Commerce
Unit-IV
6. National Economy
Need for Regulation and Development of National Economy
Planning Commission
7. Review of Union-State Relations
Need for Review
Recommendation of Sarkaria Commission
8. Special Status of some States
State of J&K (Article 370)
Other States
Select Bibliography:
Baxi, Upendra :“Law, Democracy and Human Rights”- 5 Lokayan Bulletin 4
(1987).
Dandekar, V.M. :” Unitary Elements in a Federal Constitution” 22 E.P.W.
1865(1988)
Dhavan, Rajeev : “ The Press and the Constitutional Guarantee of Free Speech and
Expression” 28 J.I.L.I. 299, (1986)
Fazal, M.A. : “Drafting A British Bill of Rights” 27 J.I.L.I. 423 (1985)
Jain, M.P. : Indian Constitutional Law (1994) Wadhwa
Narain, Jagat : “ Judicial Law Making and the Place of the Directive Principles
in the Indian Constitution.” J.I.L.I. 198(1985)
Ludwikowski, Rhett : “ judicial Review in the Socialist Legal Systems: Current
Development” 37 I.C.L.D. 89-108 (1988)
Sathe, S.P. : Fundamental Rights and Amendment of the Indian
Constitution(1968)
Seervai, H.M. : Constitutional Law of India (1993) Tripathi, Bombay.
Students should consult relevant volumes of the Annual Survey of Indian Law published by the
Indian Law Institute.
GROUP H: FEMINIST CRITIQUE OF LEGAL ORDER
Object: This course is designed with the object of discussing the concept of gender
equality, patriarchal elements in Indian Law, gender perspective in international
law and labour, gender and the law.
Outcome: The students shall acquire the knowledge of gender justice in terms of equality,
international law and particularly in the area of labour and capital.
303- Paper-III (ELECTIVE PAPER): Patriarchal Elements in Indian Law
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
Patriarchy – control of resources and treatment of women as property, feminist’s awareness of
women’s oppression and exploitation in society , at work and within family , feminist’s struggle
challenging the very notion of femininity and masculinity as mutually exclusive biologically
determined categories ; patriarchy in classical Hindu , Christian and Shariat traditions , features
of natural law vis-à-vis patriarchy , patriarchy and legal paternalism; legalism ; equality before
law and patriarchy.
Unit-II
Socio- legal and political impact of patriarchy and colonial law, continuation of separate
discriminatory personal laws for different communities, gender based rules pertaining to laws of
evidence, gender based specification of offences- adultery , rape and its impact on women’s
subjugation; socio-cultural conditions vis-à-vis inequitable socio – legal practices in matrimonial
laws, sociological dimension of dowry, wife’s choice in child-bearing , marital rape patriarchal
socio-legal system against the victims of rape, adultery, bigamy , dowry, inheritance and
coparcenary; economic problems and patriarchal values in the institution of immoral traffic.
Unit-III
Impact of patriarchy on the working of Constitution, constitutional provisions, family planning
under population not under women welfare or social welfare, fundamental right against
exploitation – non-inclusion of exploitation of women or domestic labour , Constituent
Assembly rejects inclusion in the draft of Article 23, ‘dedicated in the name of religion to be
devdasi’ or addition of prostitution after traffic in human beings, equal pay for equal work for
men and women in Directive Principles rather than fundamental rights, six women specific
articles in the whole Constitution (both fundamental rights and directive principles and one
fundamental duty), patriarchal character of public/ private law dichotomy, the nature and scope
of the distinction, private law to perpetuate patriarchy, routinized domestic violence, withering
away of Joint Hindu family and Socio- Legal response to the condition of divorced, deserted,
widows and single women.
Unit-IV
Judiciary and patriarchy, upholding the offence of adultery as being special provision for
women, patriarchal values and wife’s right to work, retention of restitution of conjugal , rights
as a matrimonial remedy, matrimonial home, concept of cruelty , law enforcement process and
women , policing and women correctional system, custodial institutions, prisoners and their
problems , patriarchal character of judicial administration and justice delivery system.
Select Bibliography:
Agarwal , Bina (ed.): Structures of Patriarchy. (1988).
Bhasin, Kamia and Khan, Nighat Said: Some Questions of Feminism and its Relevance in South
Asia (1986).
Kishwar Madhu and Vanita Ruth : In Search of Answers Chap. 1 (Women’s Lives), Chap. 3
(Violence against Women), (1986).
R. Aininova: The October Revolution and Women’s Liberation Movement (1977). Constituent
Assembly Debates, Vol. 7 (3.12.48).
Jayawardene, Kumari : Feminism and Rationalism in the Third World (1986), Claire Duchen,
Feminism in France (1986).
Jilova, C.R. : Law of Cruelty in India, Universal Law Publications, 2016
Bunslyn , Varda: “Masculine Dominance and State”,46 in Socialist Register (1983).
Andiappan, P.: “Public Policy and Sex Discrimination in Employment India” -14 IJIR. 395
(1978-79).
Kay Mapherson: “International Aspects of Feminism” in Status on Women News , Vol. 6 No.
302 (1980).
Kelkar, Govind: Women in Post- Liberation Societies : A Comparative Analysis of Indian &
Chinese Experience.
Rhoda Reddock: “Women’s Liberation & National Liberation” in Maria Mies & Rhoda Reddock
(eds.), National Liberation & Women’s Liberation (1982).
304-Paper-IV (ELECTIVE PAPER): Gender Perspective in International Law
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
Issues relating to women in the League of Nation , U.N. Charter, Universal Declaration of
Human Rights, the U.N. Sub-Commission on the status of women since 1946 and the role of
NGOs.
Unit-II
Political rights of women, Universal Declaration of Human Rights, the 1952 Convention on
Political Rights of women, Convention of Civil and Economic Rights, the 1979 Convention on
the Abolition of all forms of Discrimination against Women, Beijing Conference, Platform for
Action , Vienna Convention, 1993, the Programme of Action by the United Nations.
Unit-III
Sexual exploitation of women, the international Agreement for the Suppression of White Slave
Traffic, 1910 and 1921 League of Nations Activity , Convention on Traffic in women and
children , 1949 Recommendation for World Tourism Organization (WTO) on Sex Oriented
Tourism.
Unit-IV
Women’s Year and International Women’s Decade, review of U.N’s work in the period 1975-
1988 International Human Rights Law and problems of domestic implementation, Nationality of
Married Women and Convention of 1957, European Convention of Human Rights.
Select Bibliography:
Kuba,S.K. : Work Status of Women in International Law.
Other relevant Literature is to be found in LL.M. Course H048, H049 and 052. Here See the
Prospective Plan on women. Govt. of India, 1988 and compare it with standards emergent at
contemporary International Law.
Rebecca J. Cook: Reservations to the Convention on the Elimination of All Forms of
Discrimination Against Women, 30, Virginia Journal of International Law (1990).
Natalie Kaufman Hevener: International Law and the Status of Women , Westview Press.
Charlotte Bunch: Women’s Rights as Human Rights: Towards a Revision of Human Rights , 12
Human Rights(1990).
Pamela Goldberg & Nancy Kelly: International Human Rights and Violence against Women , 6
Harvard Human Rights Journal, 1994.
GROUP: I: SCIENCE, TECHNOLOGY AND LAW
Object: The course shall aim at providing the knowledge and understanding of the
interface between law and science, technology, medicine and Biotechnology.
Outcome: The course shall equip the students with the complete knowledge of law, science,
technology and the medicine in their cognate relationship.
303-Paper-III (ELECTIVE PAPER): The Electronics Revolution and Legal Order
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Objectives of the Course:
This Course focuses on computer revolution and its impact on the legal order. Lord Coke’s
famous observation that the law has its “artificial reason” is now, perhaps, totally superseded by
the artificial intelligence of advanced computer system. Modern technology is inconceivable
without use of computer systems ; this is clearly so in relation to the frontier technologies, e.g.
nuclear technology, biotechnology , space technology military technology.
The advent of computer systems brings fresh challenges to orderly growth of legal ‘systems in
the future. At the same time, they render some of the existing legal conceptions obsolete, or at
least problematic; they also provide a new terrain for violation of human rights.
The following syllabus’ prepared with this perspective will be spread over a period of one
semester.
Unit-I
1. Introductory
1.1 Notion of artificial intelligence.
1.2 Growth of computer science and technology.
1.3 “Hardware” and “Software”.
1.4 Organization of R& D and international market for computer systems.
1.5 Artificial Intelligence and Human Resources.
Unit-II
2. The Law: Intellectual Property.
2.1 Law relating to Protection of computer software.
2.2 Law relating to patenting of hardware.
2.3 Regulation of transfer of computer technology (Unfair Means, Restrictive Trade
Practices).
Unit-III
3. Cyber Crimes
3.1 Central data banks and privacy rights.
3.2 Consumer Credit, privacy rights and computer systems.
3.3 Computer non-feasance and liability for damages.
Unit-IV
4. Computer systems and Renovation of Legal order.
4.1 Legal information retrieval systems.
4.2 Computerized retrieval of judicial decision.
4.3 Jurimetrics and computer analysis.
4.4 Computer analysis and computerization.
4.5 Criminological analysis and computerization.
4.6 Patent information systems.
4.7 Management of Courts.
Select Bibliography:
Cees J. Harnelink, The Ethics of Cyberspace (2001), sage.
Katju, Markandey, Law in the Scientific Era (2000), Universal, New Delhi.
Zinian, John et.al. (ed.), World of Science and the Rule of Law (1986), Oxford.
Ann Johnston et.al, (ed.), New Technologies and Development (1986), UNESCO
Maic-Wan Ho, Genetic Engineering: Dreams or Nightmare? The Brave New World
of Bad Science and Big Business (1997), RESTE, New Delhi.
Unit-III
3. Hazard Aspect of Nuclear Power.
3.1 Plant location: Problem of sites.
3.2 Uranium mining associated hazards.
3.3 Accidents potential: e.g. fuel failure, re-circulation, pump failures, control value
leaks, failure of shutdown device, metal failure, of electronic monitoring and control
systems.
3.4 Containment facilities.
3.5 Occupational hazards for workers at research institutes and nuclear plants.
3.6 The regime or legal liability including.
3.6.1 Right to information as to levels of radioactivity.
3.6.2 Right to compensation.
3.6.3 Right to meaningful “rehabilitation”.
Unit-IV
4. Nuclear Technology and Law.
4.1 Secrecy.
4.2
Minimum public participation.
4.3
Right to information
4.4
Regimes of liability for mass disasters and personal injuries.
4.5
Environmental Law regulation of the hazardous aspects of nuclear energy production.
4.6
National and international legal frame- work.
Select Bibliography.
In addition to official documents (e.g., Report of the DAE and Regulating Texts, consult, Centre,
Science and Environment, The State of India’s environment: 1984 -85: The Second Citizen
Report (1985). Also see relevant articles in Economic and Political Weekly, and the recent
Supreme Court decision on the EEC radioactive butter case.
Outcome: The students shall be well aware about the concept of human rights in its
historical background in addition to the international development in the area of
human rights and the law relating to science and technology.
303-Paper-III (ELECTIVE PAPER): Protection and Enforcement of Human Rights
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
History and Development of Human Rights in Indian Constitution. Constitutional philosophy-
preamble, fundamental Rights, Directive Principles of State Policy, Fundamental duties. Civil &
Political rights, International covenants. The Constitution of India, the right to equality, the right
to life and personal liberty Freedom of religion.
Unit-II
Social and Economic Rights, International Covenants, the fundamental rights and directive
principles under the Constitution of India, protection of the rights of the women and child
Protection of the rights of the minorities.
Unit-III
Enforcement of the Human Rights in India, Enforcement of the Human Rights under
International covenants Human Rights Commission, International and National : Role of India in
implementing international norms and standards.
Unit-IV
Enforcement of Human Rights, Role of Supreme Court, Role of High Court, Role of Civil and
Criminal Courts, Statutory Tribunals, Special Courts, Role of the NGO’s and media.
Select Bibliography:
Basu, D.D., Human Rights in Indian Constitutional Law (1994)
Chitnis, Vijay, (et. al.), Human Rights and the Law: National and Global Perspectives (1997).
Seghal, B.P. Singh, Law, Judiciary and Justice in India (1993)
Vadakkumchery, James, Human Rights and the Politics in India(1966)
Saxena, D.R. Tribals and the Law, (1997)
Advani, Poornima, Indian Judiciary: A Tribute (1997).
Justice Venakataramaiah, Human Rights in the Changing World (1998)
Jaiswal Paramjit S. and Jaiswal Nestha, Human Rights and the Law (1996)
304- Paper-IV (ELECTIVE PAPER): Human Rights of Disadvantaged Groups: Problems
and issues in the Protection and Enforcement
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
Concept of Disadvantaged Groups: Bonded Labour system, slavery and their abolition. Senior
citizens and Human Rights; Independence of aged persons , community care, Laws relating to
their life, dignity and health care with special reference to aged persons in India.
Unit-II
Emerging Human Rights Jurisprudence and the role of the judiciary; Rights of Women. Rights of
the child. Rights of Prisoners. Rights of Dalits, the tribal and other indigenous people.
Unit-III
The mentally ill. The stateless persons. The unorganized labour, ‘Aids’victims. Rights of
Minorities.
Unit-IV
Enforcement of Human Rights; protection laws of the Disadvantaged groups; problems and
issues. Future perspectives of the Human Rights of the Disadvantaged.
Select Bibliography:
Bhargava,G.S and Pal, R.M., Human Rights of Dalit societal Violation (1999)
Bueren, Geraldine Van, The international Law on the Rights of the child (1998)
Tripathi, prabhat Chandra, Crime against Working Women (1998)
Diwan , Paras and Diwan , Piyush , Women and Legal Protection.
Alston, Philip (et. al.) , Children , Rights and the Law.
Askin, Kelly D., Koening Dorean M., Women and International Human Rights Law(1999)
Chakrabarti, N.K., Juvenile Justice in the Administration of criminal Justice (1999)
Wallace , Rebecca, International Human Rights, Text and Materials (1997)
Nair, Janaki, Women and Law in Colonial India (1996)
Creighton, Simon, King Vicky, Prisons and the Law, (1996)
GROUP K: ADMINISTRATIVE LAW
Object: The course is designed with the object of providing knowledge regarding
administrative law including administrative process and its judicial control,
delegated legislation, control of maladministration and the public authorities.
Outcome: The students shall be acquiring the complete knowledge, regarding administrative
process, delegated legislation, liability of public authorities etc.
303: Paper-III (ELECTIVE PAPER): Administrative Process- Delegated Legislation and
Adjudication
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Classification of Administrative Actions.
1.1 Doctrine of separation of powers.
1.2 Tests of classification.
2. Delegated legislation
2.1 Reasons for growth.
2.2 Constitutional limits.
2.3 Nomenclature forms.
2.4 Sale: delegation.
2.5 Administrative directions/orders.
Unit-II
3. Control of delegated legislations
3.1 Legislative controls.
3.2 Procedural controls – consultation and publication.
3.3 Judicial controls.
4. Administrative adjudication
4.1 Exercise of judicial powers by the administration.
4.2 Statutory tribunals.
4.3 Statutory inquiries, commission of inquiries Act.
Unit-III
5. Principles of natural justice
5.1 Procedural fairness.
5.2 Rule against bias.
5.3 Right to fair hearings.
5.4 Reasoned discussions.
Unit-VI
6. Service matters – rules and hearings.
6.1 Service rules, doctrine of pleasure.
6.2 Principle of reasonable opportunity in hearings.
6.3 Exception, dismissals without hearings.
Select Bibliography:
Jain & Jain, Principles of Administrative Law (1986), Tripathi
Smith, De, Judicial Review of Administrative Action (1995)
Schwartz, B., An Introduction to American Administrative Law.
304-Paper-IV (ELECTIVE PAPER): Administrative Process: Controls of Discretion and
Maladministration.
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Administrative powers
1.1 Conferment of discretionary powers.
1.2 Need for structuring, confining and limiting discretion.
2. Failure to exercise discretion.
2.1 The rational intervention.
2.2 Delegation.
2.3 Surrender, abdication, dictation.
2.4 Over rigid policies.
2.5 Restriction by contract.
Unit-II
3. Abuse of Discretion
3.1 Illegality
3.2 Irrationality.
3.3 Proportionality.
Unit-III
4. Abuse of discretion: new trends.
4.1 Legitimate expectations.
4.2 Arbitrariness and violation of equity.
Unit-IV
5. Mal- administration – controls.
5.1 Nature of Mal- administration.
5.2 Ombudsman- lokpal, lokayutktas, Vigilance commission.
6. Corruption in administration.
6.1 Causes
6.2 Remedies
Select Bibliography:
Shukla, K.S. and Singh, S.S. Lokayukta: A Social Legal study (1988). Indian
Institute of Public Administration, New Delhi.
Jain-& Jain, Principles of Administrative Law (1986) Tripathi.
Rowat, Donald C., The Ombudsman (1966), George Allan and Unwin Ltd., Toronto.
LL.M. 4th Semester
401- Paper-I (Core Paper): DISSERTATION
Max. Marks: 200
Credits: 10
Select Bibliography:
Vicuna, Orrego: The Changing International Law of the High, Seas Fisheries (1999), Cambridge
lan Brownie, Principles of Public International Law (1998), Clare Don Press, Oxford.
Rao, P. Chandrasekhara : The New Law of Maritime Zones (1983), Milling Publications, New
Delhi.
Mankababy, Samir : The International Shipping Rules (1986) Cromm Helm, London.
Singh , Nagendra : International Maritime Law Conventions, Vol. I , Navigation (1983) Stevens
& Maxwell , London.
Nordquist; Myron H. and John Norton Moor (eds.): Ocean Policy New Institutions, Challenges
and Opportunities (1999) Kluwer.
Anand , R.P. : Law of the Sea , Caracas and Beyond (1978).
Bowett, D.W. Law of the Sea.
Bowett, D.W. : Legal Regime of Islands in International Law.
Colombos, John : International Law of the Sea (1962)
Hargrove, J.H.: Who Protects the Ocean: Environment and the Development and the
Development of the Law of the Sea.
Kaushik, Devendra: Indian Ocean Towards a Peace Zone (1983).
McDougal , Myres S. and W. Burke : The Public Order of the Oceans (1962).
P’ Connel , D.P. : International Law of the Sea, Vol. I & II (1982)
403- Paper–VI (ELECTIVE PAPER): International and Contemporary Issues
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit – 1
The New International Economic Order ; Background Essential Component of the NIEO , State
Acceptance and Practice of NIEO Principles , Critique of NIEO.
Unit – II
The right to development: The 1979 G.A . Resolution, progress towards enunciation of the
Declaration of right for development. Basic concept of right to development. State acceptance
and practice.
Unit – III
Towards sustainable Development; The Concept of U.N. Commission on Environment and
Development. Our Common Future; the Report of the Commission, Proposed Legal Principles
for Environmental Protection and Sustainable Development. State Acceptance and Practice.
Unit – IV
Refugees and Human Rights; Origin and Development of Refugee International Law.
Establishment of United Nations High Commissioner for a Refugees – UNCHAR. International
Agreements Relating to Protection, Relief and Welfare of Refugees. U.N. War Crimes
Commissions to Investigate and Tribunals for Prosecution of Violators of International
Humanitarian Law – Some Instances & their Analysis.
Select Bibliography:
Singer, H.W. & Ansari , J.A : Rich and Poor Countries (1982).
Alston, P. : “Development and the Rule of Law: Prevention versus Curve as a Human Rights
Strategy in Human Right and Rule of Law , 83 (1981)
Falk, R. : The End of the World Order(1983)
Gwrge, S. : How the other Half Dies : The Real Persons for World Hunger (1976).
Bad , U. : “ The New International Economic Order , Basic: Needs and Rights : Notes Towards
Development of the Right to Development, in Role of Law and Judiciary in Transformation
Society : India G.D.R. Experiments 178-205 (1984) D.A. Desai ed. and sec the Literature there
cited. This paper is also published in the J. of the Indian Society of International Law.
U.N. Report of the Secretary General: “The International Dimensions of the Right to
Development as a Human Right with other Human Right Based on international cooperation,
including the Right to Peace. Taking into Account the Requirement of the New International
Economic Order and the Fundamental Human Needs”. EICN- 41374.
U.N. our Common Future: The World Commission on Environment and Development (1987)
Group – B: CRIMINAL LAW
Object: This group is designed to discuss history and principles of criminal law,
comparative criminal procedure, criminology, penology and juvenile delinquency.
Outcome: The students shall be well versed with each and every aspect of criminal law in
addition to Juvenile Justice Law.
402-Paper –V (ELECTIVE PAPER): Drug Addiction, Criminal Justice and Human Rights
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
1 Basic Conceptions
(a) Drugs ‘narcotics’ ‘Psychotropic’ ‘Substance’
(b) Dependence, ‘Addiction’
(c) Crime without Victims.
(d) “Trafficking” in Drugs
(e) “Primary Drug Abuse”.
2 Study of incidence of Drug Addiction and Abuse.
(a) Self- Reporting
(b) Victim- Studies
(c) Problems of Comparative Studies.
Unit - II
3 Ana graphic and Social Characteristics of Drug Users
(a)Gender.
(b) Age
(c) Religiousness.
(d) Single Individual/ Co-habituation
(e) Socio-economic level of Family
(f) Educational Levels.
(g) Occupation.
(h) Age at First Use.
(i) Type of Drug Use.
(j) Reasons given as cause of first use.
(k) Method of Intake.
(l) Patterns of the use.
(m) Average quantity and cost.
(n) Consequences on addict’s health (physical/Psychic)
4 The International Legal Regime
(a)Analysis of the background, text and operation of the single convention on Narcotic
Drugs, 1961, 1972
(b) Analysis of the Convention on Psychotropic Substances, 1972.
(c) International Collaboration in Combating-Drug Addiction.
(d) Profile of International Market for Psychotropic Substance.
Unit-III
The Indian Regulatory System
(a) Approaches to narcotic trafficking during colonial India.
(b) Nationalist thought towards regulation of drug trafficking and usage.
(c) The Penal provisions (under the IPC and the customs Act)
(d) India’s role in the evolution of the two international conventions.
(e) Judicial approaches to sentencing in drug trafficking and abuse
(f) The Narcotic Drugs and Psychotropic Substances, Act 1985.
(g) Patterns of resources investment in India- policing adjudication, treatment, after-care and
rehabilitation.
Unit–IV
Human Rights Aspects
(a) Deployment of Marginalized people as carrier of narcotics,
(b) The problem of juvenile drug use and legal approaches.
(c) Possibilities of misuse and abuse of investigative prosecutory powers.
(d) Bail.
The Role of Community in Combating Drug Addiction
(a) Profile of Community initiatives in inhibition of dependence and addiction (e.g. de-
addiction and aftercare)
(b) The role of educational systems.
(c) The role of medical profession.
(d) The role of mass media.
(e) Initiatives for compliance with regulatory systems.
(f) Law reform initiatives.
Select Bibliography:
1. Becker, H. S. Outsiders: The Studies in Sociology of Deviance, (1966)
2. Incard, J.A., Chambers, C.D. (eds.), Drugs and the Criminal Justice System. (1974)
3. Cocken, R., Drug Abuse and Personality in Young Offenders (1971)
4 Busch, G. Edwards (ed.), Drug Problems in Britain: A Review of Ten Years(1981)
5 Kondanram, P. and Murthy , Y.N. Drug Abuse and Crime : A Preliminary Study, 7 Indian
Journal of Criminology, 65-68 (1979)
6 Rajgopat , P.R., Violence and Response: A Critique of the Indian Criminal System (1988)
7 United Nations Economic and Social Reports of the Commission on Narcotic Drugs , United
Nations.
8 Social Defence, Reseach Institute (UNSDRI) Combating Drug Abuse and Related Crimes.
(Rome, July 1984, Publication No 21)
9 Lok Sabha and Rajya Sabha Debates on 1986 Bill on Psychotropic Substance.
10 List of usefull journals in this area are:
(i) The Law and Society Review (USA)
(ii) The Journal of Drug Issues (Tallahassee, Folorida).
(iii) International Journal of Addictions (New York)
(iv) In British Journal of Criminology.
(v) Journal of Criminal Law, Criminology and Police Sciences (Baltimore, Md.)
(vi) Journal of Criminal Law and Criminology (Chicago,111)
(vii) International Journal of Offender Therapy and Comparative Criminology (London)
(viii) Bulletin on Narcotics (United Nations)
403-Paper –VI (ELECTIVE PAPER): Juvenile Delinquency
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
1. The Basic Concepts
(i) The concept of ‘child’ in Indian Constitution and Penal Code.
(ii) Movement for Juvenile Justice.
(iii) Juvenile Delinquency – meaning.
(iv) Neglected Juvenile.
(v) The overall situation of children/young persons in India, also with reference to crime
statistics (of crimes by and against children).
(VI) Problem of Juvenile Justice in India, U.K., USA
(VII) International concern for Juvenile Justice.
2 Determining Factors of Juvenile Delinquency
(i) Differential association.
(ii) Anomie
(iii) Economic pressure.
(iv) Peer group influence
(v) Gang sub-culture
(vi) Class differentials
Unit- II
3 Legislative Approaches
(i) Legislative approach during the late colonial era.
(ii) Children’s Act.
(iii) Legislative position in various States.
(iv) The Juvenile Justice Act, 2000.
Unit –III
4 Indian Context of Juvenile Delinquency
(i) The child population percentage to total sex-ratio, urban/rural /rural- urban.
(ii) Neglected –below poverty line, physically and mentally disabled , orphans, destitute,
vagrants.
(iii) Labourers
a. In organized industries like zari, carpet ,bidi, glass
b. In unorganized sector like domestic servant, shops and establishments, rag-pickers
family trade.
(iv) Delinquent –number, sex- ratio, ratio to adult crime, types of offences committed,
recidivism, rate of increase background.
(v) Drug addicts.
(vi) Victims
a. Of Violence- sexual abuse, battered, killed by parents.
b. Of criminal activities like bootlegging, drug pollution as a response of protective
approach.
Unit –IV
1. Judicial Contribution
(i) Social action litigation concerning juvenile justice.
(ii) Salient Judicial decisions.
(iii) Role of legal profession in Juvenile Justice Systems.
2. Implementation
(i) Institutions, bodies, personnel
(ii) Recruiting and funding agencies.
(iii) Recruitment – qualifications and salaries or funds.
(iv) Other responsibilities of each agency/person.
(v) Coordination among related agencies.
(vi) Accountability – annual reports and accessibility of public to juvenile
justice institutions.
3.Preventive Strategies
(i) State Welfare Programmes, health, nutrition, ICWS, grants-in-aid.
(ii) Compulsory education
(iii) Role of community, family voluntary – bodies, individuals.
Select Bibliography:
1. National Institute of Social Defence, Model Rules under the Juvenile Justice Act, 1986
(1986)
2. Shukla, K.S., Adolescent Offender (1985)
3 Weiner, Myron, The Child and State in India (1990)
4 The United Nations Declaration on the Rights of Children.
5 UNICEF periodic material.
6 Juvenile Justice Act, 2000
GROUP-C: BUSINESS LAW
Object: The object of this group is to study legal and quasi legal problems connected with
corporate sector. It also aims to study and evaluate relevant case law with a view
to the evolution of a sound code of company practice.
Outcome: The students shall come out with complete knowledge of legal provisions
regarding corporate sector and its role in the growth and development of the
society.
402- Paper-V (ELECTIVE PAPER): Insurance Law
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Objective of the Course:
The insurance idea is an old-institution of transactional trade. The age-old form of
insurance was the marine insurance. There is nothing like disaster to set men’s minds to work.
Consequently, in due course of time fire and life insurance, made their appearance. Within the
last hundred years the insurance principle is being extended wider. Today one finds insurance
cover for accidents, motor vehicles, glass, livestock, crop, burglary and various other disasters.
Insurance is a device not to avert risks, calammes and disasters; but to mitigate their
rigours and financial losses. The function of insurance is to spread such loss arising from risks of
life over a large number of persons.
This course is designed to acquaint the students with the conceptual and operational
parameters of insurance law in the context of the development of the general principles of law
and judicial interpretation to inform the students about the use of law for the establishment of “
just” order in insurance and to develop the appreciative and evaluative faculties of the students.
Unit-I
1. Introduction
- Nature of insurance contract, various kinds of insurance, proposal,
policy, parties, consideration, need for utmost good faith, insurable
interest, indemnity.
- Insurance policy, law of contract and law of torts-future of insurance:
need, importance and place of insurance.
- Constitutional perspectives- the Entries 24,25,2930,47 of list 1 Union
List 23, 24 of List III.
2. General Principles of Law of insurance
- Definition, nature and history.
- The risk- commencement, attachment and duration
- Assignment and alteration, Settlement of Claim and Subrogation
- Effect of war upon policies.
3. Indian Insurance Law: General
- History and development
- The Insurance Act 1938 and the Insurance Regulatory Authority
Act,2000.
- Mutual Insurance companies and cooperative life insurance societies.
- Double insurance and re-insurance
Unit-II
4. Life Insurance
- Nature and scope
- Event insured against life insurance contract.
- Circumstances affecting the risk
- Amounts recoverable under life policy
- Persons entitled to payment
- Settlement of claim and payment of money
- Miscellaneous Insurance Schemes: New Dimensions- Group Life
Insurance.
- Mediclaim, sickness insurance.
Unit-III
5. Insurance Against Accidents
- The Fatal Accidents Act,1985.
- Objects and reasons
- Assessment of compensation
- Contributory negligence
- Apportionment of compensations and liability.
- The Personal injuries (Compensation Insurance) Act, 1963.
- Compensation payable under the Act
- Compensation insurance scheme under the Act-Compulsory insurance.
6. Insurance Against Third Party Risks
- The Motor Vehicle Act,1988
- Nature and Scope
- Effect of insolvency or death on claims of insolvency and death of
parties, certificate of insurance.
- Claims tribunal: constitution, functions, application for compensation,
procedure, powers and award.
- Liability insurance
- Nature and kinds of such insurance
- Public Liability insurance
- Professional negligence insurance
Unit-IV
7. Marine Insurance
- Nature and scope
- Classification of marine policies
- The Marine insurance Act,1963
- Marine Insurance
- Insurable interest, insurable value
- Marine insurance policy- condition- express warranties construction of
terms of policy
- Voyage-deviation
- Perils of the sea
- Assignment of policy
- Partial laws of ship and of freight salvage, general average, particular
charges.
- Return of Premium
8. Property Insurance
- Fire insurance
- The Emergency Risks (Factories) Insurance
- The Emergency Risks (Goods) Insurance
- Policies covering risk of explosion
- Policies covering accidental loss, damage to property
- Policies covering risk of storm and tempest
- Glass-plate policies
- Burglary and theft policies
- Live-stock policies
- Goods in transit insurance
- Agriculture Insurance
Select Bibliography:
John Hanson and Christopals Henly : All Risks Property Insurance (1999)
Peter MacDonald Eggers and Patne Poss : Good Faith and Insurance Contracts (1998)
Banerjee : Law of insurance (1994)
Mitra, B.C. : Law Relating to Marine Insurance (1997)
JCB Gilmar and Mustill : Arnold on the Law of Marine insurance (1981)
Birds : Modern Insurance Law (197)
O’Mary : Marine Insurance (1993)
International Labour Office :Administration Practice of Social Insurance (1985)
Hardy Ivamy : E.R. General Principles of insurance Law (1979)
Edwin W. Patterson : Cases and Materials on Law of insurance (1955)
Sreenivasan, M.N. : Law and the Life insurance Contract (1914)
Murthy and Sarma : Modern Law of Insurance in India
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Objective of the Course:
After independence, we have placed greater emphasis on the growth of our economy. The
focus is on growth, both in public and private sectors, so as to cope up with the problems of
population explosion. We have found that there is now almost a circle from laissez-faire to
welfare state and again back to laissez faire. Adoption of the concept of global economy in the
presence of the socialistic perspectives in the Constitution presents a dilemma. The trends of
liberalization stating in the early nineties and continuing to this day bring a shift in focus of
regulations in diverse fields of economic activities.
This course is designed to acquaint the students of the eco-legal perspectives and
implications of such developments.
Unit-I
- Constitutional Provisions to Regulate Economic Enterprises in India.
Industrial policy resolutions of 1948, 1956 and 1991.
- Development and Regulation of Industries- Industrial (Development and
Regulation) Act. 1951; Regulation, control and Development of
Industries, Agencies under the Act
- Development and Prospects of Consumerism in India.
Unit-II
- Securities Contracts (Regulation) Act,1956; Object, basic features,
Recognition of Stock Exchanges, Contracts and options in Securities,
Listing of Securities, Penalities and Procedure.
- Securities and Exchange Board of India Act,1992; Basic Features,
Establishment of SEBI, Powers and Functions of SEBI, Registration of
Capital Market Intermediaries, Offences and Penalities, powers and
jurisdiction of securities Appellate Tribunal, Capital Markets
Regulation(2009) of SEBI.
- Depositories Act,1996.
Unit-III
- Essential Commodities Act,1955; Object, Salient Features, Essential
Commodities, Powers of the Central Government, Confiscation of
Essential Commodities, offences and Penalities.
- Competition Act,2002; Object, Prohibition of Certain Agreements,
Abuse of Dominant Position, Regulation of Combinations, Competition
Commission of India, Duties, Powers and Functions of Commission,
Penalities, Appeal to Competition Appellate Tribunal.
Unit-IV
- Foreign Trade(Development and Regulations) Act,1992; Object,
Regulations of Import and Export, Import-Export License, Penalities.
- Foreign Exchange Management Act,1999; Object, Regulation and
Management of Foreign Exchange, Authorized Persons, Penalities.
- Insurance Regulatory and Development Authority Act,1999.
Select Bibliography:
Aggarwal, V.K. : Consumer Protection- Law and Practice.
Myeni, S.R. : Corporate Law-II
Sharma, Gokulesh : financial and Economic Laws
Cherunilam, Francis : Business Environment
SEBI Act,1992.
Industrial(Development and Regulation) Act,1951.
Essential Commodities Act,1955
Competition Act,2002
Securities Contracts(Regulation) Act,1956
Insurance Regulatory and Development Authority Act,1999.
Foreign Trade(Development and Regulation) Act,1992.
Depositories Act,1996.
GROUP-D: LABOUR, CAPITAL AND LAW
Object: The course is designed to acquaint the students about legal relationship between
labour and capital, industrial adjudication, law of social security and other labour
laws dealing with wages, working hours and other monetary benefits.
Outcome: The students shall be acquiring complete knowledge regarding organized sector,
unorganized sector, their wages, social security and other protective laws.
402-Paper–V (ELECTIVE PAPER):Law Relating to Unorganised Labour
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Concept and meaning of Bonded Labour system nomenclature in different regions of
India Bonded Labour System (Abolition) Act, 1976 Implementation process and its impact; Role
of State Vigilance Committee Judicial Activism; (Agricultural Labour- Labour Engaged in
Construction work in India and) the International Labour Organisation; National Labour
Commission.
Unit-II
Agricultural Labour ; Concept the traditional lives between the landlord and the
workers Exploitaiton of labour by the Landlord ; Tribal labour in forests settlement ; Migrant
agricultural labour working conditions; working hours, wages and social security- benefits;
dispute settlement mechanism statutory measures, conciliation and adjudication; comparative
study of state practices and laws.
Unit – III
International programmes for elimination of Child Labour –UNICEF and its role for
combating Child Labour ; ILO estimates regarding Child Labour; Child and Constitutional
Mandates; National Policies and Child Labour ; Employment of Child Labour in various
unorganized sectors of employment.
The child Labour (Prohibition and Regulation) Act, 1986- Object and purpose –Health and
Safety of the Child Labour – Inspection and Enforcement Machinery- Role and
Recommendations of various Committees, Legal Protection to child Labour under other Labour
Legislations in India.
Unit- IV
Legal protection to women; Labour in Organized Sector and Existing conditions in unorganized
Sector of Employment – Reasons for their exploitation –Women labour in Agriculture Sector –
comparative study with other developing countries with special reference to changing
occupational trends for the employed women labour- ILO standards and Directives of European
Countries – Women Employees in Third World Countries – Working Conditions in Developed
Countries of European and Western Region of the World.
Select Bibliography:
Giri, V.V. : Labour Problems in India Industry (1972)
Singh, R.R. : Labour Economics (1971) ILO, Conventions and recommendations.
Varandani, G: Child Labour and Women Workers.
Reports of National Commissions on Labour 1969 (relevant portions)
State Legislation and other Welfare Schemes Relating to Agricultural Labour .
Aziz, Abdul : Unionizing Agricultural Labourers in India. A Strategy, 13 Indian
Journal of Industrial Relations 307 (1977)
Maily, A.B. : Forced Labour in India, 15 Indian journal of Industrial Relations
77 (1979)
Sharma, L.C. : Forestry Sector Generate More Employment, 15 Indian Journal
of Industrial Relations 577 (1979)
Bardhan, Kalpana :Rural Employment Wages and Labour Market in India; A Survey
of Research 12 Economic and Political Weekly 1 June 25, 1977,
11July 2, 1977 and 111 July 9 (1977)
Government of India, Agricultural Labour Enquiry (1954)
Government of India, Report on the Second Agricultural Labour Enquiry (1958)
Government of India , Report on III Agricultural Labour Enquiry.
Bardhan & Rudra: Types of Labour Attachment in Agriculture”, 15 Economic and Political
Weekly August 30, (1980)
National Institute of Rural Development, Occasional Monograph 1- Agricultural Labour Unions
(1978)
Report of the National Commission on Rural Labour (1991) New Delhi, Govt. of India, Ministry
of Labour ; See especially volume II, Part II for the Study Group report.
Sen, Amritya : Resources, Values and Development (1984)
Baxi, Upendra : Law and Poverty (1988)
403- Paper –VI (ELECTIVE PAPER): Law Relating to Civil Servants
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Civil Servants: Constitutional Dimensions:
Civil servants and the fundamental rights Historical and comparative perspectives;
Equality and protective discrimination; principles and practices;
Service Regulation- the constitutional bases- formulation of service rules – doctrine of
pleasure;Limitations on doctrine of pleasure.
Unit-II
Conditions of Service:
Pay, allowances, Concession , House rent Educational Conveyance, medical and
overtime allowances, cash incentives , travel concessions, and bonus (Machinery for fixation and
revision Pay Commission);Kind of leave and conditions of eligibility; Civil and criminal
immunities for action in good faith; Role of Public Service Commission.
Unit-III
Civil Service: Amalgam of Principles, Compromises and Conflicts:
Neutrality – Commitment dilemma, permanency, expertise and institutional decision- making.
Relaxation of age and qualification in recruitment spoils system, seniority-cum-merit recruitment
and promotion.
Frequent transfers, education of children, housing and accommodation.
Civil Service and politics, politicization of government servants’ organization and inter-union
rivalry.
Unit- IV
Special Categories of Service and Service Disputes:
Judicial services; subordinate judiciary –judicial officers and servants; appointment and
conditions of service.
Officers and servants of the Supreme Court and the High Courts: recruitment, promotion,
conditions of services, and disciplinary action.
All India services , objects, regulation of recruitment and conditions of service, departmental
proceedings.
Departmental Remedies; representation, review , revision and appeal; role of service
organizations.
Remedy before the Administrative Tribunal jurisdiction, scope and procedure- merits and
demerits – exclusion of jurisdiction of courts.
Judicial review of service matters – jurisdiction of the Supreme Court and High Courts.
Select Bibliography:
Students are to study the state laws and rules relating to service matters, make empirical
investigations and write a paper on a significant problem.
ILI (by Justice M. Rama Jois) : Services Under the State (1987)
Nair, N. Narayanana : The Civil Servant under the Law and the
Constitution (1973)
Goyal; K.K. : Administrative Tribunals Act (1973)
Seervai : Constitutional Law of India.
Aggarwal , Arjun P : Freedom of Association in Public
Employment , 14 JILI (1972)
Kochukoshy, C.K : All India Services –Their Role and Future, 1972 I.J.P.A 67
Srivastava, Suresh C. : Payment of Dearness Allowances to Industrial Workers in
India, 15 JLII 444(1973)
Siddiqi , Z.M.S. : Sanctions for the Breach of Contracts of Service, 25 J.I.L.I.
359 (1983)
Motilal, O.P. : Compulsory Retirement, 1975 I.J.P.A. 247.
Chopra, D.S : Doctrine of Pleasure – its Scope, Implication and
Limitations, 1975 I.J.P.A.92
Subba Rao, G.C.V. : The O.N.G.C Case and New Horizons in Public Service
Law, 1975, S.C.J. 29.
GROUP-E: ENVIRONMENT AND LEGAL ORDER
Object: This course is framed with the object of discussing all the laws relating to
environment, resource management and the International conventions dealing
with environment from time to time.
Outcome: The students shall be well acquainted with complete legal provisions relating to
environment in addition to the knowledge of international legal provisions
regarding protection of environment.
402- Paper-V (ELECTIVE PAPER): Biological Diversity and Legal order
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
Bio-diversity –Meaning; Need for protection of Bio – Diversity; Dependence of human life on
the existence in flora and fauna; Significance of wild life ; medicinal plants; plant and micro-
organism.
Unit-II
Bio –diversity and Legal Regulation- Utilization of flora and fauna for Bio-Medical purposes;
Experimentation on animals; Legal and ethical issues; Genetic mutation of seeds and micro-
organisms; Genetic engineering; legal mechanisms of control; Recognition of regional and local
agencies.
Unit-III
Development Projects and Destruction of Bio- diversity: Concept of Sustainable Development.
Exploitation of Bio- diversity and Indigenous people’s rights.
Problems in Legal Regulation of Medicinal Plants- Cosmetic Plants; Animal Products;
Utilization of Flora and fauna for Bio-Medical purposes by Multi-National Corporations”
Problems of Control; Regulation of Trade in Wild –Life Products.
Unit- IV
Legal framework for Development and Protection of Sanctuaries- parks; Zoos; Biosphere
resources; Protection of genetic resources for agriculture. Need to Patent Bio- diversity.
Select Bibliography:
Nagore, Arjun Prasad, Biological Diversity and International Environmental Law (1996) A.P.H.
Publishing Corporation, New Delhi.
Project large, Plant Variety Protection and Plant Biotechnology- options for Indian (1999),
Allied.
Swaminathan, M.S., Genetic Conservation: Microbes to man, presidential Address at XV
international Congress of Genetics, New Delhi, India December 12-21, 1983.
Wild Genetic Resources, Earthen Press Briefing Document No.33 Earthen, London (1982)
Mehta, K.L and Arora , R.L. , Plant Genetic Resources of India ;their diversity and Conservation
(1982), National Bureau of Plant Genetic Resources, New Delhi.
Bhat, P.N. et al., Animal Genetic Resources in Indian (1981).
Bhat, P.N. Conservation of Animal Genetic Resources , in India , Animal Genetic Resources,
Conservation and Management, FAO, Rome (1981).
403- Paper-VI (ELECTIVE PAPER): Environmental Legislation
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
General Laws on Environmental concern- Code of Criminal Procedure: Public nuisance;
Provisioning in the Indian Penal Code; Local Bodies Law; An overview.
Environmental (Protection) Act, 1986- Necessary and proper clause’: Concentration of Power on
the Central Government; Delegated legislation: Power to Make Rules, Regulations and to issue
directions: Delegation of powers.
Unit-II
Coastal Zone Management – Sea erosion; CRZ Notification; Prohibitions and exemptions;
permissible, activates; Classification of zones; Regulation of sea resorts; Eco- tourism; Coastal
Zone management plans; Aquaculture.
Unit-III
Laws on Hazardous Substance.
Preparedness of Environmental Disasters.
Unit-IV
Emerging Legal Controls- Eco-mark; Environmental audit; Environment Impact Assessment;
Public Participation in environmental decision making; Environment information
Select Bibliography:
Leelakrishan , P. et al. (eds.), Law and Environment (1990), Eastern , Lucknow.
Leelakrishan, P., the Environmental in India (1999), Butterworth, India.
Department of Science and Technology, Government of India Report of the Committee for
Recommending Legislative Measures and Administrative Machinery for Ensuring
Environmental Protection (1980) (Tiwari Committee Report).
Indian Law Institute, Environment Protection Act; An Agenda for Implementation (1987)
Indian Journal of Public Administration, Special Number on Environment and Administration,
July-September 1988, Vol. XXXV, No. 3.
Findley, R.W. and Farber, D.A. , Environmental Law.
Huges, David, Environmental Law (1999), Butterworth, London.
Armin Rosencrantz, et al. (eds.), Environmental Policy and Law in India. (2000), Oxford.
GROUP –F: JURISPRUDENCE
Object: Its object is to discuss the growth and development of law, various theories of
justice, law and society and the concept of rights.
Outcome: The students shall be acquiring the complete knowledge regarding the origin,
growth and development of law in addition to the concept of legal personality etc.
402- Paper-V (ELECTIVE PAPER): Law and Society
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit –I
The idea of Social Sciences Law as a Social Sciences, Sociology of Law as a relatively
autonomous discipline. Place of law in the history of development of social science theory ;
Durkheim ; Weber, Marx, The Idea of social system ; the problems of Societal integration.
Unit-II
Functions of Law, Law and Social Control, The law as Volkgiest. The public opinion and its
impact on the making and implementation of law. pressure groups, lobbying and legal policies,
lobbying for the poor.
Unit-III
Law as an instrument of social control- Impact of law in society: Notions of social control;
religion, education and law as key instrumentalities of social control. Distinctive features of law
as a means of social control
Unit-IV
Imposition of obligation to obey the, law, Incentives to compliance: Bentham’s conception of
relevance of the law to social expectation, Varieties of sanctions. Legal Administration as an
aspect of social control, Materialism and legal institutions. A Marxist view of legal development.
Select Bibliography:
Baxi, U, Towards Sociology of the Indian Law(1987)
Bentham, J., Theory of legislation (1985).
Ghai, Yash et al., The Political Economy of the Law: A Third World Reader (1987).
Friedman, Lawrence M, & Macoulary, Stewart (eds.), Law and Behavioral Sciences(1977)
Reasons, Charles E. & Rich, Robert M., The Sociology of Law. A Conflict Perspective (1978)
Stone, Julius, Social Dimensions of Law and Justice (1999), Universal.
Baxi , Upendra, “Durkheim and Legal Evalution : Some Problems of Disproof’, 8 Law &
Society Review, 645 (1974)
Newman, Katherine S., “Law and Economic Organization: A Comparative Study of Preindustrial
societies (1983).
Shukla, B.M., Law and Social Justice (1998) Rewat Pub., Nagpur
Max Webber on Law in Economy and Society, E, Shils & M. Rheinstein (Tr.) Cambridge (Pub.)
Friedman, W., Law in a Changing Society (1996), Universal.
Possit, Leopold , Anthropology of Law: A Comparative Theory, Ch. 5(1971).
Schwartz, Richara S., “Legal Evolution and Societal Complexity: A Reply to Professor Baxi” in
8 Law and Society Review53 (1974).
Katju, Markanday , Law in the Scientific Era (2000), Universal.
Baxi, Upendra, The Crisis of the Indian Legal System (1982), Vikas, New Delhi.
Baxi, Upendra , Towards a Sociology of Indian Law. (1986).
403- Paper –VI (ELECTIVE PAPER): Concepts of Rights
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
Classification and Categorization of Rights: Constitutional Rights. Rights Protected by the IPC,
Cr.P.C. New Rights generated in case law, Types of rights: Positive, negative, natural, legal,
absolute, in rem, in personam, Correlation of rights with duties.
Unit-II
History of legal discourse on Rights; French revolution and rights of man; Locke Thomson
paine, Roussean, Kant, The British Bill of Rights, The emergence of the American Bill Rights.
The Karachi Resolution and the First Bill of Rights; The Constitutional debates in India: due
process Rights of Minorities: Rights of Property.
Unit-III
Nature of Rights: What are rights; Rights as Trumps. Rights as utility, Rights as entitlement.
Rights as values. Nature and Absolute Rights.
Unit-IV
Structure and basis of Rights: Correlation of Rights with other legal concepts- the Hohfeldian
concept. Generation of Rights: The internal logic of the number of rights. Grounds for claiming
rights. Explanations emerging from theory of self, theories of society and theories of morality.
Select Bibliography:
Baxi, Upendra: The Crisis of the Indian Legal System (1985), Vikas Publishing House, New
Delhi.
Benn, S. and Peters R.L., Social Principles and the Democratic State on R. Brand, Ethical Theory
ch. 17 (1959).
Feinberg, J., Social Philosophy (1973), Chs 4-6(1973).
Kamenka, E. and Tay, A.E.S. (eds.), Human Rights (1978).
Martin, R. and Nickel, J.W. Recent Work on the Concept of Rights, 17 American Phil, Quar,
(1980).
Pennock J.R. and Chapman, J.W., (eds.), Human Rights: NOMOS XXIII (New York University
Press 1981).
Raphael, D.D. (ed.), Political Theory and the Rights of Man (1967).
Tuck .R., Natural Rights Theories: Their Origin and Development (1979).
Hobbes, T., Leviathan, Chs. 13-14,21 and 29.
Locke, J., Tow Treatises of Government. 11 Chs. 2,5,11, and 18(1689).
Rousseau, J.J., The Social Contract Books, 1 and 11 (1762).
Burke, E., Reflections on the Revolution in France (1790).
Paine, T., The Rights of Man (1791).
Marx, K., On the Jewish Question in any Collection of Marx’s Early Writings (1843).
Mill, J.S. On Liberty
Green, T.H., The Principles of Political Obligation Lectures H-1 (1882).
Ritchie,D.C. Natural Rights (1894)
Feinberg, J., Duties, Rights and Claims, 3 American Philosophical Quarterly 137(1966).
Hart, H.L.A. ‘The Ascription of Responsibility and Rights’, 49 Proceedings of Aristotelian
Society 171 (1948-49).
Bentham on Legal Rights, in Oxford Essays in Jurisprudence, Second Series (1973).
Hohfeld, W.N. Fundamental Legal Conceptions (1923).
Lyons, D., ‘Rights, Claimants and Beneficiaries, 6 American Philosophical Quarterly 173(1969).
McCormics, N., Rights in Legislation in P.M. S Hacker and Raj (eds.) Law, Morality and Socity
Essays in Honour of H.L.A. Hart, P.M.S. Hacker and J. Raj (1977).
McCloskey, H.J. Rights 15 Phil. Quar. 54, 55 (1965).
Young, R. ‘Dispensing with Moral Rights’, 6 Political Theory, 63 (1978).
Feinberg, J. ‘Voluntary Euthanasia and the Inalienable Right to Life’, 7 Phil. And Public Affairs,
92 (1978).
Finnis, J ‘The Rights and the Wrongs of Abortion : A Reply to Judith Thomson’, 2 phil. and
Public Affairs, 117 (1973).
Geworth A., ‘Human Rights and the Prevention of Cancer’, American Phil. Quar., 17 (1980),
117
McCloskey, H.J.’The Rights to Life 4, ,15 Philosophical Quarterly 115(1965).
Thompson, J.J. ‘A Defense of Abortion’, Phil and Public Affairs, 47 (1971).
Gewirth, A. ‘Civil Liberties as Effective Powers’, in Human Rights: Essays on Justification and
Applications (1983).
Sarpiro , M., Freedom of Speech : The Supreme Court and Judicial Review (1966).
Dworkin , R.M., ‘Principle , Policy , Procedure, in Crime , Proof and Punishment: Essays in
Memory of Sir Rupert Cross. (1981).
Beeker , L.C., Property Rights: Philosophic Foundations (1977).
Nozick , R, : Anarchy , State and Utopia , Ch. 7 (1974).
Singh Chhatrapti, Common Property and Common Poverty (1986).
Baxi, U., “Taking Suffering Seriously”, in 8-9 Delhi Law Review 91(1979-80).
Gewirth, M.N., ‘Starvation and Human Rights’, in Human Rights: Essays on Justification and
Applications (1983).
Michelman, F.I., ‘Constitutional Welfare Rights and A Theory of Justice’, in N. Ameil (ed.)
Reading Rawls, Critical Studies of A Theory of Justice (1975).
Feinberg, J., “The Rights of Animals and Unborn Generations” W.T. Blackstone (ed.)
Philosophy and Environmental Crisis (1974).
Prey, R., Interests and Rights: The Case against Animals (1980).
Rights- Some Conceptual Issues’, 54 Australian Journ, of Phil., 99(1976).
Marshall , G. “Rights , Options and Entitlements’, in A.W. Simpson (ed.), Oxford Essays in
Jurisprudence, Second Series(1973), Oxford.
Miller, D., Social Justice Ch. 2 (1976).
Perry, R. ‘A Paradigm of Philosophy: Hohfeld on Legal Right, 14 American Phil, Quarterly, 41
(1977).
Sen, A., ‘Rights and Agency, Philosophy and Public Affairs (1981).
Singh, Chhatrapti “Right to Life” in 28 Journal of the Indian Law Institute (1986).
Singh Chhatrapti, “The Inadequacy of Hohfeld’s Scheme” in 27 Journal of Indian Law Institute
(1985).
Waldron, J. ‘A Right to Wrong’, 92 Ethics. 21(1981).
Cranston, M., What are Human Rights ? (1973).
Dworkin, R.M. Taking Rights Seriously (1996) Universal, New Delhi.
Finnies, J., Natural Law and Natural Rights (1980), Clarendon Press.
Pried, C., Right and Wrong (1978), Harward University Press.
Fledrich, C., ‘Rights, Liberties and Freedoms- Reappraisal’,57American Pol, Sci, Rev. 841
(1963).
McCloskey, H.J. ‘Human Needs, Rights and Political Values 134 American Philosophical
Quarterly (1976).
Wasserstorm, R., ‘Rights, Human Rights and Racial Discrimination’, 628 (1964) 61 Journal of
Philosophy.
Campbel, T., The Left and Rights (1983).
Mareuse, H., Repressive Tolerance , in R.P. Wolff, B. Moore, and H. Marcuse, A Critique of
Pure Tolerance (1971).
Moore, and H. Marcuse, A Critique of Pure Tolerance (1971).
Raz., J. Professor Dworkin’s Theory of Rights’, 26 Polit. Studies, 123 (1978).
Taylor, C. ‘Atomism in A. Kontos (ed.), Powers, Possessions and Freedom: Essays in Honour of
C.M. Macpherson (1979).
GROUP (G): CONSTITUTION & LEGAL ORDER
Object: The object of this course is to discuss the concept of welfare state, power of
judicial review, federation and the concept of human rights.
Outcome: This course shall impart complete knowledge regarding federation and its various
aspects in addition to power of judicial review.
402- Paper- V (ELECTIVE PAPER): Human Rights: Constitution of India
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Human Rights
Freedom Movement and Human Rights
Universal Declaration of Human Rights
Framing of the Fundamental Rights in the Constituent Assembly.
2. Fundamental Rights under the Constitution
2.1 General
2.2 Enforcement of the Fundamental Rights
Unit-II
3. Right to Equality
Formal Equality
Material Equality
Reservation and Equality- Socio-Economic Equality
4. Citizenship and Political Freedoms
Citizenship
Political Freedoms under Article 19
Restrictions on Freedom
Unit-III
5. Right to Life and Personal Liberty
Right to life-Meaning
Human Dignity- Right not be subjected to torture, inhuman and cruel treatment.
Personal Liberty- meaning and scope
6. Due Process
6.1 Procedural due process
Substantive due process
Unit-IV
7. International Perspectives
7.1 UN Conventions
7.2 Impact of International Law
7.3 European Convention
7.4 Amnesty International
8. Human Rights Commission
International Human Rights Commission
Human Rights Commission in India
Select Bibliography:
Akbar, M.J. : Riots After Riots (1988)
Baxi, U. (ed.) : The Right to be Human (1986)
Baxi, U. : The Crisis of the Indian Legal System(1982) Vikas Publishing
House, New Delhi
Kazmi, F. : Human Rights (1987)
Levin, L. : Human Rights (1982)
Madhavtirtha : Human Rights (1953)
Gromley, W.P. : Human Rights and Environment (1976)
Beddard, H. : Human Rights and Europe (1980)
Singh, Nagendra : Human Rights and International Co-operation (1969)
Kashyap, S.C. : Human Rights and Parliament (1978)
Khare, S.C. : Human Rights and United Nations (1977).
Moskowitz : Human Rights and World Order (1958)
Andrews, J.A. : Human Rights in International Law (1986)
Menon, I. (ed.) : Human Rights in International Law (1985)
Roberston, A.B. (ed.) : Human Rights in National and International Law (1970)
Baxi, U. : “ Human Rights, Accountability and Development” Indian
Journal International Law 279 (1978)
403- Paper-VI (ELECTIVE PAPER) : Constitutional Pluralism: Protection of Special
National Interests
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
1. Secularism & Pluralism
Concept of Secularism
Freedom of Religion
Rights of the Minorities
Protection of Linguistic Cultural & Educational Rights
Unit-II
2. Gender Equality
Rights of the Women
Rights of the Children
3. Weaker Sections of the Society
Protection of SC’s and ST’s Interests
Backward Classes of citizens
Unit-III
4. National Security
Legislation to Protect National Security
Preventive Detention and Safeguards
5. National Emergency
Emergency under Article 352
Effects of Emergency on Rights
Effects on Union State Relations
Protection of the States
Unit-IV
6. State Emergency
Failure of Constitutional Machinery in the State
7. Financial Emergency
8. Martial Law
Select Bibliography:
Koppell G.O. : “ The Emergency, The Courts and Indian Democracy” 8 J.I.L.I.
287(1966)
Seervai, H.M. : The Emergency, Future Safeguards and the Habeas Corpus: A
Criticism (1978)
International Commission of Jurists, Status of Emergency and Human Rights (1984)
Chatterji, N.C. and : Emergency and the Law (196)
Rao Parameshwar
Seervai, H.M. : Constitutional Law of India, Tripathi, Bombay
Jain, M.P. : Indian Constitutional Law, Wadhwa, Nagpur
Unit-IV
Strategies to combat refugee problem; repatriation, resettlement, local integration and
rehabilitation UNHCR – role. UNHCR and India.
Select Bibliography:
Chimni, B.S., International Refugee Law (2000)
Calier, Jean Yves, Who is a Refugee? A comparative case Law Study (1997)
Askin , Kelly Dawn, War Crimes Against Women(1997)
Balachandran M.K. and Varghese Rose, Introduction to international Humanitarian Law (1997)
Gill, Guy.S. Goodwin, The Refugee in International Law (1996)
Veral , Gowlland Debbas; The Problem of Refugees in the light of contemporary international
Law issues(1996)
Antipersonnel Landmines Friend of Foe?, International Committee of Red Cross (1996)..
Resettlement Handbook, The United Nations High Commissioner for Refugees.
Hathaway, James C. and Dent., Hohn A., Refugee Rights: Report on A comparative survey,
(1995)
403- Paper-VI (ELECTIVE PAPER): Science, Technology and Human Rights
Max. Marks: 100
Credits: 5
Time: 3 Hours
Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one
compulsory question having four parts of five marks each. This question shall be
spread over the entire syllabus. There shall be two questions in each Unit i.e.
Unit-II to Unit-V. The student is required to attempt four questions by selecting
one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry
twenty marks.
Unit-I
Inter- relationship of Science, technology and Human Rights, Implication of Development of
Science and technology on Human Rights; Right to environment in the development of Science
& technology, Right to development in the advancement of science and technology. Right to
human health and impact of development in medical science.
Unit-II
Medicine and the Law: organ transplantation. Experimentation on human beings. Euthanasia
Gene therapy.
Unit-III
Issue of Human Rights, Ethics in Scientific and technological development; Sex determination
test. Induced abortion, Reproductive technology, cloning, in—vitro fertilization. Artificial
insemination. Surrogate Motherhood.
Unit-IV
Impact of Scientific and technological progress of Human Rights: Causes of Rights to privacy
invasion through technological devise; identity card system biometrics, surveillance of
communications, internet E- mail interception, video surveillance, work place surveillance.
Protection of Right to Privacy; Interception of communication Under POTA Act 2002,
Protection of POTA under I.T. Act, 2000.
Select Bibliography:
Diane Rowland, Elizabeth Macdonald , Information Technology Law (1997)
Suresh T. Viswanathan, The Indian Cyber Law (2000)
The International Dimensions of Cyberspace Law (2000) UNESCO Publication.
D.P. Mittal , Law of Information Technology (Cyber Law) (2000)
Michael Chissick, Alistair Kelman, Electronic Commerce, Law and Practice (1999)
Adwin W. Patterson, Law in a Scientific Age (1963)
Steve Jones, Borin Van Leon, Genetics for Beginners (1993)
Weeramantry, C.G. , Human Rights and Scientific and Technology Development (1990)
Kamenka , E., Ideas and Ideologies Human Rights (1978)
Galtung, Human Rights in Another Key (1994)
Akbar, M.J., Roits After Roits (1988)
Baxi, U. (ed.), Rights to be Human (1986)
Kazmi, F., Human Rights (1987).
Levin, L., Human Rights (1982)
Gromley W.P., Human Rights and Environment (1976)
Madhavtirtha, Human Rights (1953)
Beddard H., Human Rights and Europe (1980)
Swarup, J., Human Rights and Fundamental Freedoms (1975)
Nagendra Singh, Human Rights and International Cooperation (1969).
Kashyap, S.C., Human Rights and Parliament (1978)
Khare S.C. , Human Rights and United Nations (1978)
Moskowitz, Human Rights and World order (1958)
Drost, Human Rights as Legal Rights (1965)
Garling M., Human Rights Handbooks (1979)
Andrews, J.A., Human Rights in Criminal Procedure (1982)
Kalaish, A.B. , Human Rights in International Law (1986)
Menon, I, (ed.) , Human Rights in international Law (1985)
Roberson, A.B. (ed.) , Human Rights in National and international Law(1970)
Lautherpacht, E., International Law and Human Rights (1968)
Robertson, E., Human Rights in the World (1972)
Sohn, Lonis & Burgenthal, International Protection of Human Rights (1973)
Baxi, U., “Human Rights, Accountability and development”, Indian Journal of International Law
, 279, (1978)
Basu, D.D., Human Rights in Constitutional Law (1994)
Macfarlane, L.J., The Theory and Practice of Human Rights (1985)
Krishna lyer, V.R., Human Rights –A Judge’s miscellany (1985)
Rama Jois, M., Human Rights: Bharatiya Values (1998).