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LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 1 of 64

Study & Evaluation Scheme

of

LL.M.

Two Years Master Degree Programme [Applicable w.e.f. Academic Session 2011-12 till revised]

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Study & Evaluation Scheme of

LL.M. PROGRAMME

SUMMARY

Programme : LL.M. (Master Degree Program)

Duration : Two-Year full time (Four Semesters)

Medium : English

Minimum Required Attendance : 75 %

Maximum Credits : :

96

Minimum credits required for the degree

: 92

Assessment Criteria : Internal External Total

30 70 100

Internal Evaluation Criteria (Theory Papers)

Class

Test

I

Class

Test

II

Class

Test

III

Assign

ment(s)

Other

Activity

(including

attendance

Total

Best two out of the

three

10 10 10 5 5 30

Evaluation of Practical &

Dissertations & Project Reports :

Internal External Total

50 50 100

Duration of Examination : External Internal

To qualify the course a student is required to secure a minimum of 40% marks in aggregate including the semester

end examination and teachers continuous evaluation.(i.e. both internal and external).

A candidate who secures less than 40% of marks in a course shall be deemed to have failed in that course. The

student should have at least 50% marks in aggregate to clear the semester. In case a student has secured more than 40% in each course, but less than 50% in a semester , he/she shall re-appear in courses where the marks are less

than 50% to achieve the required aggregate percentage (of 50%) in the semester.

Question Paper Structure 1. The question paper shall consist of eight questions. Out of which first question shall be of short answer type

(not exceeding 50 words) and will be compulsory. Question No. 1 shall contain 8 parts representing all units

of the syllabus and students shall have to answer any five (weightage 4 marks each).

2. Out of the remaining seven questions, a student shall be required to attempt any five questions. There will be

minimum one and maximum two questions from each unit of the syllabus. The weightage of Question No. 2 to

8 shall be 10 marks each.

3 hrs. 1 ½ hr.


STUDY & EVALUATION SCHEME OF LL.M. PROGRAMME

SEMESTER I

S.

No.

Course

Code

Subject Periods Credits Evaluation Scheme

L T P Internal External Total

1 LLM101 Judicial Process 4 - - 4 30 70 100

2 LLM102 Constitutionalism 4 - - 4 30 70 100

3 LLM103 Legal Education &

Research Methodology 4 - - 4 30 70 100

4 LLM104 Law and Social

Transformation in India 4 - - 4 30 70 100

5 LLM151 Project Work - - 12 6 50 50 100

Total 16 - 12 22 170 330 500

SEMESTER II

OPTIONAL GROUP

Note: The students have the option to select one specialization group out of the following-

ELECTIVE-I – CORPORATE LAW

S.

No.

Course

Code



1 LLMA201 Law of Industrial and

Intellectual Property 4 - - 4 30 70 100

2 LLMA202 Legal Regulation of

Economic Enterprises 4 - - 4 30 70 100

3 LLMA203 Import & Export

Regulations 4 - - 4 30 70 100

4 LLMA251 Project Work - - 16 8 50 50 100

5 LLMA252 Comprehensive Viva -

Voce - -

6 50 50 100

ELECTIVE-II – CRIMINAL LAW

S.

No.

Course

Code



1 LLMB201 Criminal Law in India 4 - - 4 30 70 100

2 LLMB202 Criminology & Penology 4 - - 4 30 70 100

3 LLMB203 Privileged Class Deviance 4 - - 4 30 70 100

4 LLMB251 Project Work - - 16 8 50 50 100

5 LLMB252 Comprehensive Viva -

Voce - - - 6 50 50 100

Total 12 - 16 26 190 310 500

Total 12 - 16 26 190 310 500


ELECTIVE-III – CONSTITUTION AND LEGAL ORDER

Union-State Financial

Relations 4 - - 4 30 70 100

3 LLMC203

Civil & Political Rights-

Comparative Study of

Selected Constitutions

4 - - 4 30 70 100

4 LLMC251 Project Work - - 16 8 50 50 100

5 LLMC252 Comprehensive Viva -

Voce - - - 6 50 50 100

SEMESTER III

Note: The specialization group selected in the II semester shall remain the same in the III Semester

ELECTIVE-I – CORPORATE LAW S.

No.

Course

Code



1 LLMA301 Banking Law 4 - - 4 30 70 100

2 LLMA302 Insurance Law 4 - - 4 30 70 100

3 LLMA303 Corporate Finance 4 - - 4 30 70 100

4 LLMA351 Project Work - - 16 8 50 50 100

5 LLMA352 Comprehensive Viva -

Voce - - - 6 50 50 100

Total 12 - 16 26 190 310 500

ELECTIVE-II – CRIMINAL LAW

S.

No.

Course

Code



1 LLMB301 Comparative Criminal

Procedure 4 - - 4 30 70 100

2 LLMB302 Socio-Economic Offences 4 - - 4 30 70 100

3 LLMB303 Collective Violence &

Criminal Justice System 4 - - 4 30 70 100

4 LLMB351 Project Work - - 16 8 50 50 100

5 LLMB352 Comprehensive Viva -

Voce - - - 6 50 50 100

Total 12 - 16 26 190 310 500

S.

No.

Course

Code



100

2 LLMC202

1 LLMC201 Mass Media Law 4 - - 4 30 70

Total 12 - 16 26 190 310 500


ELECTIVE-III – CONSTITUTION AND LEGAL ORDER

S.

No.

Course

Code



1 LLMC301 Constitutionalism:

Pluralism and Federalism 4 - - 4 30 70 100

2 LLMC302 Human Rights 4 - - 4 30 70 100

3 LLMC303 National Security, Public

Order, and Rule of Law 4 - - 4 30 70 100

4 LLMC351 Project Work - - 16 8 50 50 100

5 LLMC352 Comprehensive Viva -

Voce - - - 6 50 50 100

Total 12 - 16 26 190 310 500

SEMESTER IV

S.

No.

Course

Code



1 LLM451 Dissertation - - - 16 50 50 100

2 LLM452 Comprehensive Viva -

Voce - - - 6 50 50 100

Total - - - 22 100 100 200


LL.M.–Semester I

JUDICIAL PROCESS

Course Code: LLM101 L- 4, T-0, P-0, C-4

Objective: A lawyer, whether academic or professional, is expected to be competent to analyse and

evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on Judicial

Process is essential in the LL.M curriculum. The objective of this paper is to study the nature of judicial

process as an instrument of social ordering. It is intended to highlight the role of court as policy maker,

participant in the power process and as an instrument of social change. This paper further intends to

expose the intricacies of judicial creativity and the judicial tools and techniques employed in the process.

Since the ultimate aim of any legal process or system is pursuit of justice, a systematic study of the

concept of justice and its various theoretical foundations is required. This paper, therefore, intends to

familiarize the students with various theories, different aspects and alternative ways, of attaining justice.

Course Contents:

Unit – I (8 Hours)

Introduction 1. The concept of justice and relation between Law and Justice.

2. The concept of ‘Dharma’ in Indian thought.

3. ‘Dharma’ as the foundation of legal ordering.

4. Various theories of justice in the Western thought.

Unit – II (8 Hours)

The nature of Judicial Process

1. Judicial process as an instrument of social ordering.

2. Judicial process and creativity in law.

3. The tools and techniques of judicial creativity and precedents.

Unit – III (8 Hours)

Judicial Process in India

1. Indian debate on the role of judges and on the notion of judicial review.

2. Danger signals and New challenges before the Indian Judiciary.

Unit – IV (8 Hours)

Independence of judiciary and the nature of judicial process 1. Provisions of the Indian Constitution guaranteeing Independence of judiciary.

2. Attitude of confrontation with the Legislature & Executive.

3. Appointment & transfer of judges and its effect on independence of judiciary.

Unit – V (8 Hours)

Judicial Activism and Constitutional obligations of the court 1. Evolution of the concept. Reasons in defense of judicial activism.

2. Constitution of India and judicial activism.

3. Role played by the Supreme Court of India.

4. The tools and techniques of the judicial activism.

5. Need for care and caution.

6. Decision making in the Supreme Court of India


Suggested Reading: 1. Julius Store, The Province and Function of Law, Part II, Chs. 1. 8-16 (2000), Universal, New Delhi.

2. Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi

3. Henry J.Abraham , The Judicial Process (1998), Oxford.

4. J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworths

5. W.Friedmann, Legal Theory (1960), Stevens, London

6. Bodenheimer, Jurispurdence - the Philosophy and Method of the Law (1997), Universal, Delhi

7. J..Stone, Legal System and Lawyers' Reasonings (1999), Universal, Delhi

8. U.Baxi, The Indian Supreme Court and Politics (1980), Eastern,Lucknow.

9. Rajeev Dhavan, The Supreme Court of India - A Socio -Legal Critique of its Juristic Techniques

10. (1977), Tripathi, Bombay.

11. John Rawls, A Theory of Justice (2000), Universal, Delhi

12. Edward H.Levi, An Introduction to Legal Reasoning (1970), University of Chicago.

Note: Latest editions of the books are recommended.


Semester I

CONSTITUTIONALISM


Objective: The Constitution, a living document, is said to be always in the making. The judicial process

of constitutional interpretation involves a technique of adapting the law to meet changing social mores.

Constitution being the fundamental law, an insight into its new trends is essential for a meaningful

understanding of the legal system and processes. The post graduate students in law who had the basic

knowledge of Indian Constitutional Law at LL.B level, should be exposed to the new challenges and

perspectives of constitutional development while they are allowed to choose an area of law for

specialisation. Obviously, rubrics under this paper require modification and updating from time to time.

Course Contents:


Constitution 1. Meaning

2. An Over view of Indian Constitution


Constitutionalism and Rule of Law

1. Meaning and Development

2. Indian Position


Federalism 1. Meaning and Development

2. Overview of American and Canadian Position

3. Indian Position


Constitution and the Society in India 1. Equality Clause

2. Majority-Minority Interface

3. Dalit Perspective

4. Developmental Perspective

5. Need for Review

Unit – V (8 Hours) 1. Justice Delivery System in India

2. Overview of the system

3. Judicial Activism

4. Judicial Reforms

Suggested Reading: 1. C.H. McIIwain, Constitutionalism: Ancient and Modern (1947)

2. A.V. Dicey, Introduction to the Study of Law of the Constitution (1982 edition)

3. Indira Nehru Gandhi v. Raj Narain AIR 1975Sc 2299

4. P.K.Tripathi, Rule of Law, Democracy and Frontiers of Judicial Activism 17, Journal of the Indian

Law Institute 25 (1975)


5. Larry Alexander (ed) Constitutionalism: Philosophical Foundations (Cambridge University Press

1998)

6. M.P. Singh , Federalism, Democracy and Human Rights 47, Journal Of the Indian Law Institute 47

(2005)

7. C.J. Friedrich, Constitutional Government and Democracy, (Indian edition reprint 1974)

8. K.C. Wheare, Federal Government Chapter I and II 4th Edition 1963

9. Granville Austin: The Indian Constitution: Cornerstone of a Nation (1966)

10. B.D. Dua and M.P. Singh, Indian Federalism in the New Millennium (2003) Manohar Delhi

11. State of West Bengal v Union of India AIR 1963 SC, 1241 and S.R.Bommai v Union of India AIR

1994 SC 1918

12. Parmanand Singh, Social Rights and Good Governance, in Raj Kumar and D.K. Srivastave (eds)

Human Rights and Development: Law, Policy and Governance , Chapter 24, pp 437-454 Lexis

Nexis, Hong Kong (2006)

13. P.A Inamdar v State of Maharashtra 2005 6 SCC 537, Pai Foundation 2002 8 SCC 481

14. Parmanand Singh , Hunger Amidst Plenty: Reflections on Law, Poverty and Governance, 48,

Journal of the Indian Law Institute 57-77 (2006)

15. Girish Agrawal and Colin Gonsalves , Dalits and the Law, (Human Rights Law Network) New Delhi

(2003)

16. Parmanand Singh, Equality and Compensatory Discrimination: The Indian Experience, in

Chokalingam and Raj Kumar (eds) Human Rights, Criminal Justice and Constitutional

Empowerment , Chapter 7 , Oxford Delhi(2006)

17. Amratya Sen, Development As Freedom (2000)

18. Parmanand Singh, Administration of Minority Institutions : Constitution Does Not Sanction

Oppression, in Tahir Mahmood (ed) Minority and State at the Indian Law 106(1991)

19. Parmanand Singh, Scheduled Castes and the Law, in Upendra Baxi (ed) Law and Poverty: Critical

Essays 132 (1988)

20. Subhash C. Kashyap (ed) The Citizen and Judicial reforms under the Indian Polity (2003) Universal

Law Publishers Delhi

21. S.P. Sathe , Judicial Activism in India: Transgressing Borders and Enforcing Limits, (2003)

22. Parmanand Singh, Protecting Human Rights Through Public Interest Litigation, 42 Journal of The

Indian Law Institute 200(2000)

23. Final report of the Commission to Review the Working of the Constitution: Chairman. Justice M.N.

Venkatachalliah (2002) http://lawmin.nic.in/ncrwc/finalreport.htm

24. A.S. Anand, Judicial Activism :Need For Caution 42 Journal of the Indian Law Institute 149-

59(2000)

25. Parmanand Singh, Judicial Socialism and Promises of Liberation: Myth and Truth 28, Journal of the

Indian Law Institute 337-47(1986)

26. In re Presidential Reference, AIR 1999 SC,1



Semester I

LEGAL EDUCATION AND RESEARCH METHODOLOGY


Objective: A post-graduate student of law should get an insight into the objectives of legal education.

He should have an exposure to programmes like organisation of seminars, publication of law journals

and holding of legal aid clinics.

Law is taught in different ways in different countries. The LL.M course, being intended to

produce lawyers with better competence and expertise, it is imperative that the student should

familiarise himself with the different systems of legal education. The lecture method both at LL.B level

and LL.M level has many demerits. The existing lacunae can be eliminated by following other methods

of learning such as case methods, problem method, discussion method, seminar method and a

combination of all these methods. The student has to be exposed to these methods so as to develop his

skills.

Growth of legal science in India depends on the nature and career of legal research. The syllabus

is designed to develop skills in research and writing in a systematic manner.

Course Contents:


Legal Education 1. Objectives of Legal Education.

2. Lecture method of teaching. Merits and Demerits.

3. Discussion method and Seminar method of Teaching.

4. Examination system and problems in evaluation


Precepts

1. Nature

2. Objectives

3. Types: Doctoral and Non-Doctoral


Necessary Steps

1. Identification and Formulation of Research Problem

2. Hypothesis and Research Design (Characteristics and contents)

3. Processing the Plan of Research: Data Collection, Analysis and use of Internet and other

technologies


Techniques

1. Census and Survey

2. Sampling: Types, Merits and Demerits

3. Report Writing


Conduct of Research

1. Supervision

2. Guide lines for researchers

Suggested Reading:


1. S.K. Verma and M. Afzal Wani (Eds.) Legal Research and Methodology, ILI (2001) 2nd Edition.

2. Baxi, Upendra, ‘Socio-Legal Research in India – A Program Schriff, ICSSR, Occasional

Monograph, 1975.

3. Cohen, Morris L., ‘Legal Research’, Minnesota, West Publishing Co. 1985.

4. Ghosh, B.N., ‘Scientific Method and Social Research’, New Delhi, Sterling Publishers Pvt. Ltd.,

1984.

5. Goode and Hatt, ‘Methods in Social Research’, Singapore, Mc. Graw Hill Book Co., 1985 (reprint).

6. Johari J.C. (ed), ‘Introduction to the Method of Social Sciences’, New Delhi, Sterling Publishers Pvt.

Ltd. 1988.

7. Kothari C.K., ‘Research Methodology: Method and Techniques’ New Delhi, Wiley Eastern Ltd.,

1980.

8. Stone, Julius, ‘Legal System and Lawyer’s Reasoning’, Sydney, Maitland Publications, 1968

9. High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active Learning in your

10. Law School, (1998) Blackstone Press Limited, London

11. S.K.Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay.

12. N.R. Madhava Menon, (ed) A Handbook of Clinical Legal Education, (1998) Eastern Book

Company, Lucknow.

13. M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)

14. Pauline V. Young, Scientific Social Survey and Research, (1962)

15. William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book Company,

London

16. H.M.Hyman, Interviewing in Social Research (1965)

17. Payne, The Art of Asking Questions (1965)

18. Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)

19. Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.

20. Havard Law Review Association, Uniform System of Citations.

21. ILI Publication, Legal Research and Methodology.



Semester I

LAW AND SOCIAL TRANSFORMATION IN INDIA


Objective: This course is designed to offer the teacher and the taught with - (a) awareness of Indian

approaches to social and economic problems in the context of law as a means of social control and

change; and (b) a spirit of inquiry to explore and exploit law and legal institutions as a means to achieve

development within the framework of law. The endeavour is to make the students aware of the role the

law has played and has to play in the contemporary Indian society

Course Contents:


Introduction 1. Law

2. Social Sciences


Interaction & Impact 1. Interaction of Law and Social Sciences

2. Impact of Social Development of Law


Instrument Approach & Morality 1. Law as an instrument of Social Change

2. Legal Idealism and the Sociological approach to Law

3. Social Morality and Legal Order


Role of Law 1. Role of Law, the individual and the welfare state

2. Role of Law and the function of lawyer

Unit –V (8 Hours)

Law: Reforms & Modernization

1. Economic, Social and Political Reforms and the Law

2. Modernization and the Law.

Suggested Reading:

1. Marc Galanter (ed.), Law and Society in Modern India (1997 ) Oxford,

2. Robert Lingat, The Classical Law of India (1998), Oxford

3. U. Baxi, The Crisis of the Indian Legal System (1982). Vikas, New Delhi.

4. U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi, Bombay.

5. Manushi, A Journal About Women and Society.

6. Duncan Derret, The State, Religion and Law in India (1999). Oxford University Press, New Delhi.

7. H.M. Seervai, Constitutional Law of India (1996), Tripathi.

8. D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.

9. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000) Armol Publications, Delhi.

10. Savitri Gunasekhare, Children, Law and Justice (1997), Sage

11. Indian Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)

12. J.B. Kripalani, Gandhi: His Life and Thought, (1970)Ministry of Information and Broadcasting,

Government of India

13. M.P.Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.

14. Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999), Oxford



Semester I

PROJECT WORK


Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of

problems related with that issue. The objective is to equip the student with the practical knowledge of

actual functioning of the law and to explore & suggest feasible solutions to legal problems.

Guidelines:

1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian

legal system for preparing a report. A faculty to act as supervisor would be assigned to the student

by the Director/ Principal.

2. Students will have to complete the report within 10-12 weeks. For this work no exemption from

attending the regular classes will be given to any student.

3. The student after completing report will submit it to the college, which will form part of the semester

examination.

4. The report prepared by the student will be titled as project work. The report should be based on

primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/

Principal of the College. Relevant case laws, amendments, bibliography should support it with foot

noting.

5. The report should be divided into chapters. The first Chapter should deal with the brief information

of Indian legal system and its challenges. The other chapters will contain the research/ project work

on the given legal problem & chapters would be as defined in Para -8. The average size of report will

be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double

spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the

college. The report will be typed on A4 size paper.

6. A certificate issued by the supervisor for coordinating the research/ project work under his/her

guidance should be attached with the report.

7. The report will be evaluated by internal & external examiners. Internal evaluation would be done

will be done by a committee of three members including the faculty who supervised the project and

other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)

appointed by the examination division of the University. Evaluation scheme shall be as follows:

a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked

out of the presentation.

b. External (50) on the basis of quality of the contents & presentation followed by questions asked


8. The format of the report is given below:

a. Cover page

b. Preface

c. Acknowledgement

d. Index

e. Objective of the project work undertaken

f. Literature Review

g. Project / Research Methodology

h. Results and Analysis

i. Conclusions

j. References

k. Appendices – to include questionnaire, if any.


Semester II

ELECTIVE-I (CORPORATE LAW)

LAW OF INDUSTRIAL AND INTELLECTUAL PROPERTY

Course Code: LLMA201 L-4, T-0, P-0, C-4

Objective: The concept of intellectual property rights as developed in India cannot be divorced from the

developments in the international arena as well as in the nation-to-nation relations. The impact of IPR

regime on the economic front is emphasised in this paper. In particular, greater attention would be given

here to the law relating to unfair and restrictive trade practices as affecting the regime of intellectual

property rights. New areas of development, especially plant patenting and patenting of new forms of life

(biotechnology) should receive special attention. Evidentiary aspects of infringement and human right

dimensions of the regime of intellectual property law will also be addressed.

Course Contents:


Introduction

1. IPR and International Perspectives

2. Trademarks and Consumer Protection (Study of UNCTAD report on the subject)

3. The Legal Regime of Unfair Trade Practices and of Intellectual Industrial Property

4. United Nations approaches (UNCTAD, UNCITRAL)

5. EEC approaches

6. Position in U.S.

7. The Indian situation.

8. Special Problems of the Status of Computer Software in Copyright and Patent Law: A Comparative

Study.


Biotechnology Patents

1. Nature and types of biotechnology patents

2. Patent over new forms of life: TRIPS obligations

3. Plant patenting

4. Sui generis protection for plant varieties

5. Multinational ownership

6. Regulation of environment and health hazards in biotechnology patents

7. Indian policy and position.


Patent Search, Examination and Records

1. International and global patent information retrieval systems (European Patent Treaty).

2. Patent Co-operation Treaty( PCT )

3. Differences in resources for patent examination between developed and developing societies

4. The Indian situation


Special Problems of Proof of Infringement 1. Status of intellectual property in transit - TRIPS obligation - Indian position.

2. The evidentiary problems in action of passing off.

3. The proof of non-anticipation, novelty of inventions protected by patent law

4. Evidentiary problems in piracy : TRIPS obligation - reversal of burden of proof in process patent

5. Need and Scope of Law Reforms.



Intellectual Property and Human Right

1. Freedom of speech and expression as the basis of the regime of intellectual property right - copyright

protection on internet - WCT (WIPO Copyright Treaty, 1996).

2. Legal status of hazardous research protected by the regime of intellectual property law.

3. Human right of the impoverished masses intellectual property protection of new products for

healthcare and food security

4. Traditional knowledge - protection- biodiversity convention- right of indigenous people.

Suggested Reading:

1. Special attention should be given to literature of the U.N. System, WIPO and the UNESCO. 2. Terenee P. Stewart (ed.), The GATT Uruguay Round: A Negotiating History (1986-1994) the End

Game (Part - 1)(1999), Kluwer

3. Iver P. Cooper, Biotechnology and Law (1998), Clerk Boardman Callaghan, New York.

4. David Bainbridge, Software Copyright Law (1999), Butterworths

5. Sookman, Computer Law (1998), Carswell

6. Carlos M. Correa(ed.), Intellectual Property and International Trade (1998), Kluwer

7. Patent Co-operation Treaty Hand Book (1998), Sweet and Maxwell

8. Christopher Wadlow, The Law Of Passing-Off (1998), Sweet and Maxwell

9. W.R.Cornish, Intellectual Property Law (1999), Sweet and Maxwell



Semester II

LEGAL REGULATION OF ECONOMIC ENTERPRISES


Objective: A greater emphasis has been laid on the growth of our economy after independence. 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 which

perspectives in the Constitution presents a dilemma. The trends of liberalisation starting in the early

nineties and continuing till date, bring a shift in focus of regulation in diverse fields of economic

activities.

This course is designed to acquaint the students of the eco-legal perspectives and implications of such

developments. It will comprise of about 42 units of one-hour duration each spread over a period of one

semester.

Course Contents:


The Rationale of Government Regulation

1. Constitutional perspectives

2. The new economic policy - Industrial policy resolutions, declarations and statements

3. The place of Public, small scale, co-operative, corporate, private and joint sectors - in the changing

context

4. Regulation of economic activities

5. Disclosure of information

6. Fairness in competition

7. Emphasis on consumerism


Industrial Development, Management, of Sick undertakings and Licensing Policy 1. Development and Regulation of Industries

2. Take-over of Management and Control of Industrial Units

3. Sick Undertakings: Nationalisation or Winding Up?

4. Licensing Policy and Legal Process - Growing Trends of Liberalisation

5. Deregulation of essential commodities: developmental sign or a social mishap?

6. Financial Services: Changing Techniques of Regulation


Critical Issues Regarding the Capital Issues

1. Equity and debt finance

2. Global depositories

3. De-materialised securities


Regulation, Control & Accountability of Hazardous Activities

1. Mass disaster and environmental degradation : legal liability and legal remedies

2. Public Liability Insurance : adequacy

3. Issues in zoning and location of industrial units



Special Aspects of Legal Regulation of Select Public Enterprises 1. Telecom Regulatory Authority

2. Insurance Regulatory Authority

3. Broadcasting Regulatory Authority

4. Legal Regulation of Multi-Nationals

a. Collaboration agreements for technology transfer

b. Development and regulation of foreign investments

c. Investment in India : FDIs and NRIs

d. Investment abroad

Suggested Reading: 1. S. Aswani Kumar, The Law of Indian Trade Mark (2001), Commercial Law House, Delhi.

2. Industrial Policy Resolutions of 1948,1956, 1991

3. Industrial Licensing Policy 1970,1975

4. Industrial Policy Statements 1973,1977, 1980

5. Reports of Committees on Public Undertakings of Parliament.

6. Industries (Development and Regulation) Act, 1951

7. U. Baxi (ed.), Inconvenient Forum and Convenient Catastrophe The Bhopal Case, (1986) U. Baxi &

T. Paul (eds.), Mass Disasters and Multinational Liability (1986)

8. U. Baxi & A. Dhandba, Valiant Victims and Lethal Litigation: The Bhopal Case (1989)

9. Indian Law Institute, Law of international Trade Transactions, (1973)



Semester II

IMPORT & EXPORT REGULATION


Objective: After independence India has embarked upon all round efforts to modernise her economy

through various developmental ventures. Greater and greater emphasis is placed on increase of

production in both industrial and agricultural sectors. Besides, there was the ever-pressing need for

raising capital for investment in certain basic and key industries. All these required a considerably high

rate of investment of capital. The process of modernisation necessitated the adoption of newer

technologies for industry and agriculture. These technologies had to be borrowed from other developed

countries. This, in turn, needed foreign exchange which could be earned by the increase in exports of

goods and raw materials from India.

The need for accelerating the export trade of India's developing economy can hardly be over

emphasised. Export earnings enable a developing country to finance its massive requirements of growth,

to maintain its essential imports and thereby stimulate the process of its economic developments. In the

words of Prof. V.K. R.V. Rao: "In fact, expansion of exports may well be described as an integral part of

the development process, neglect of which can only be at the peril of development itself".

Increasing exports have been necessitated to meet the growing needs of defence. India is a country rich

in natural resources. One of the approaches to combat its economic backwardness could be in large-scale

production and in maximization of its exports.

Import and export of goods and raw materials is a complex, complicated and intricate activity. It

involves elaborate economic, fiscal, budgetary and monetary policy considerations. Export and Import

control policy is also closely connected with country's balance of payment position.

The detailed procedures for imports and exports are provided in the Hand Book. The Union Government

used to declare its import and export policy for a period of three-years. At present the policy is declared

for five years. The control on exports and imports are closely relateded with the Foreign Trade

Regulation Act 1992.

This course is designed to acquaint the students about the parameters of legal controls on imports and

exports.

The following syllabus has been prepared with these objectives comprised of 42 units of one-hour

duration, each spread over a period of one semester.

Course Contents:


Introduction

1. State control over import and export of goods - from rigidity to liberalisation.

2. Impact of regulation on economy.

3. The Basic Needs of Export and Import Trade

a. Goods

b. Services

c. Transportation

4. International Regime

a. WTO agreement


b. WTO and tariff restrictions

c. WTO and non-tariff restrictions

d. Investment and transfer of technology

e. Quota restriction and anti-dumping

f. Permissible regulations

g. Quarantine regulation

h. Dumping of discarded technology and goods in international market

i. Reduction of subsidies and counter measures.


General Law on Control of Imports and Exports 1. General scheme

2. Legislative control

3. Power of control : Central government and RBI

4. Foreign Trade Development and Regulation Act 1992

5. Restrictions under customs law

6. Prohibition and penalties

7. Export-Import formulation : guiding features

8. Control under FEMA

9. Foreign exchange and currency

10. Import of goods

11. Export promotion councils

12. Export oriented units and export processing zones


Control of Exports

1. Quality control

2. Regulation on goods

3. Conservation of foreign exchange

4. Foreign exchange management

5. Currency transfer

6. Investment in foreign countries


EXIM Policy: Changing Dimensions & Law Relating to Customs

1. Exim Policy : Changing Dimensions

a. Investment policy : NRIs, FIIs (foreign institutional investors), FDIs

b. Joint venture

c. Promotion of foreign trade

d. Agricultural products

e. Textile and cloths

f. Jewellery

g. Service sector

2. Law Relating to Customs

a. Prohibition on importing and exporting of goods

b. Control of smuggling activities in export-import trade

c. Levy of, and exemption from, customs duties

d. Clearance of imported goods and export goods

e. Conveyance and warehousing of goods



Regulation on Investment & Technology Transfer

1. Borrowing and lending of money and foreign currency

2. Securities abroad - issue of immovable property - purchase abroad

3. Establishment of business outside

4. Issue of derivatives and foreign securities – GDR (global depositories receipts), ADR (American

depository receipts) and EURO

5. Investment in Indian banks

6. Repatriation and surrender of foreign securities

7. Technology transfer

a. Restrictive terms in technology transfer agreements

b. Automatic approval schemes

Suggested Reading:

1. Government of India, Handbook of Import Export Procedures, (Refer to the latest edition)

2. Government of India Import and Export Policy (1997 -2002)

3. The Students should consult the relevant volumes of the Annual Survey of lndian Law, Published by

the Indian law Institute, New Delhi.

4. Foreign Trade Development and Regulation Act 1992 and Rules

5. Foreign Exchange Management Act 1999

6. Marine Products Export Development Authority Act 1972

7. Customs Manual (Latest edition)

8. Final Treaty of GATT, 1994.



Semester II

PROJECT WORK

Course Code: LLMA251 L- 0, T-0, P-16, C-8




Guidelines:







examination.




noting.


















a. Cover page

b. Preface

c. Acknowledgement

d. Index





i. Conclusions

j. References

k. Appendices – to include questionnaire, if

any.


Semester II

COMPREHENSIVE VIVA-VOCE


Objective: The course aims at creating critical understanding of law with current practical orientations.

Guidelines:

1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.

2. This is also to see the articulation of what is being learnt by them and see their relevance in the

practical field.

3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The

internal marks will be awarded by taking the presentation of the student followed by questions asked

from their presentation in the class on any topic in front of a panel of at least three faculty member

appointed by the Director/ Principal of the College.

4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination

division.


Semester II

ELECTIVE-II (CRIMINAL LAW)

CRIMINAL LAW IN INDIA

Course Code: LLMB201 L-4, T-0, P-0, C-4

Objective: The Main Objective of criminal law is protection of society from the criminals. Crimes are

committed against the state and hence it goes to the courts for getting the offenders punished. When a

crime is committed, it means the state has failed in protecting person or property of the individual, it is

obligatory on the part of the state to maintain law and order in the country. The objective of the course is

to make the students aware about the criminal behaviour, its causes and how to control these activities

Course Contents:


Introduction of Criminal Law

1. Crime and Criminal Law

2. Elements of Crime: Mens Rea, Recklessness, Negligence; Relevance of Motive; Strict Liability,

Joint and Constructive Liability


Inchoate Crimes 1. Attempt

2. Criminal conspiracy

3. Abetment


Defenses 1. Mistake

2. Necessity

3. Infancy

4. Unsoundness of mind

5. Intoxication

6. Consent

7. Compulsion by threat

8. Private defense


Specific Offences – I

1. Offences against human body

2. Offences against property:


Specific Offences – II

1. Offences against marriage:

2. Offence against morals: obscenity.

3. Offence against state: sedition.

Suggested Reading:

1. Ratanlal and Dhirajlal – The Indian Penal Code

2. Gaur, H.S. – Penal Law of India

3. Glanville Williams – Textbook of criminal law

4. Russel on Crime



Semester II

CRIMINOLOGY & PENOLOGY


Objective: Criminology is concerned with aetiology of crimes. The aetiology denotes the causation of

crime. There are various theories which throw light on the causes of crimes. Lombroso, the Italian

criminologist propounded, ‘Atavistic Theory’ according to which criminals are born not made, has

become obsolete today. Lombroso is called the father of criminology. In the modern time, social

environment is attributed to be the cause of crime. The objective of the course is to understand

criminology as well as penology in modern context.

Course Contents:


Concept of Criminology 1. Definition, nature, scope and utility

2. Methods of criminological studies


Schools & Theories

1. Schools of criminology: classical, biological cartographic, sociological and socialist.

2. Theorising criminal aetiology : Lombroso and Neo- Lombrosian, Psycho-analysis, Differential

Association, Anomie Tradition; Critical Criminology with reference to Labeling, Interactionism and

Conflict Theory


Modern Trends 1. A brief discussion on Modern Trends in Criminology: Phenomenology, Postmodernism and

Feminism Crime and Feminism.

2. Juvenile delinquency


Punishment 1. Concept and Theories

2. Death Sentence

3. Treatment of offenders: Prison, Probation and Parole

4. Sentencing


Victimology

1. Concept

2. Statutory Provisions

Suggested Reading: 1. Sutherland and Crssey – Criminology

2. Siddique Ahmed– Criminology

3. Mrs. Vedkumari – Juvenile Justice



Semester II

PRIVILEGED CLASS DEVIANCE

Course Code: LLMB203 L- 4, T-0, P-0, C-4

Objectives: This course focuses on the "Criminality of the "Privileged classes". The definition of

"privileged classes" in a society like India should not pose major problem at all; the expression nearly

includes weilders of all forms of state and social (including religious) power. Accordingly, the course

focusses on the relation between privilege power and deviant behaviour. The traditional approaches

which highlight "white-collar offences", "socio-economic offences" or "crimes of the powerful" deal

mainly with the deviance of the economic resourceful. The dimension of deviance associated with

bureaucracy, the new rich (nouveau riche), religious leaders and organizations, professional classes and

the higher bourgeoisie are not fully captured here.

In designing teaching materials for this course, current developments in deviance, as reflected in

newspapers/journals, law reports, and legislative proceedings should be highlighted. The objectives of

the course include: Dispelling of the commonly held beliefs that deviance crime is usually associated

with the impoverished or improvident; Construction of model so understanding the reality of middle and

upper; middle class deviance criminality in India; Critical analyses of legal system responses & Issues

and dilemmas in penal and sentencing policies.

Course Contents:


Introduction 1. Conceptions of white collar crimes

2. Indian approaches to socio-economic offences

3. Notions of privileged class deviance as providing a wider categorization of understanding Indian

development

4. Typical forms of such deviance

5. Official deviance (deviance by legislators, judges, bureaucrats)

6. Professional deviance: journalists, teachers, doctors, lawyers, engineers, architects and publishers

7. Trade union deviance (including teachers, lawyers/urban property owners)

8. Landlord deviance (class/caste based deviance)

9. Police deviance

10. Deviance on electoral process (rigging, booth capturing, impersonation, corrupt practices)

11. Gender-based aggression by socially, economically and politically powerful.


Official Deviance 1. Conception of official deviance - permissible limit of discretionary powers.

2. The Chambal valley dacoit Vinoba Mission and Jai Prakash Narain Mission – in 1959 and 1971

3. The Chagla Commission Report on LIC-Mundhra Affair

4. The Das Commission Report on Pratap Singh Kairon

5. The Grover Commission Report on Dev Raj Urs

6. The Maruti Commission Report

7. The lbakkar-Natarajan Commission Report on Fairfax.



Police Deviance

1. Structures of 1egal restraint on police powers in India

2. Unconstitutionality of "third-degree" methods and use of fatal force by police

3. "Encounter" killings

4. Police atrocities

5. The plea of superior orders

6. Rape and related forms of gender-based aggression by police and para-military forces

7. Reform suggestions especially by the National Police Commissions


Professional Deviance

1. Unethical practices at the Indian bar

2. The Lentin Commission Report

3. The Press Council on unprofessional and unethical journalism

4. Medical malpractice


Response of Indian Legal Order to the Deviance of Privileged Classes 1. Vigilance Commission

2. Public Accounts Committee

3. Ombudsman

4. Commissions of Enquiry

5. Prevention of Corruption Act, 1947

6. The Antulay Case

Suggested Reading: 1. Upendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House, New Delhi.

2. Upendra Baxi (ed.), Law and Poverty: Essays (1988)

3. Upendra Baxi, Liberty and Corruption: The Antulay Case and Beyond (1989)

4. Surendranath Dwevedi and G.S. Bbargava, Political Corruption in India (1967)

5. A.R. Desai (ed.) Violation of democratic Rights in India (1986)

6. A.G. Noorani, Minister's Misconduct (1974)

7. B.B. Pande, 'The Nature and Dimensions of Privileged Class Deviance" in The Other Side of

Development 136 (1987; K.S. Shukla ed.).

8. Indira Rotherm und, "Patterns of Trade Union Leadership in Dhanbad Coal fields" 23 J.I.L.I 522

(1981)



Semester II

PROJECT WORK





Guidelines:







examination.




noting.


















a. Cover page

b. Preface

c. Acknowledgement

d. Index





i. Conclusions

j. References


any.


Semester II




Guidelines:



practical field.


internal marks will be awarded by taking the presentation of the student followed by questions

asked from their presentation in the class on any topic in front of a panel of at least three faculty

member appointed by the Director/ Principal of the College.


division.


Semester II

ELECTIVE-III (CONSTITUTION AND LEGAL ORDER)

MASS MEDIA LAW

Course Code: LLMC201 L-4, T-0, P-0, C-4

Objective: Mass media such as press, radio and television, films, play a vital role in socialisation,

culturalisation and modernisation of a society. The visual media are bound to have a much greater

impact on human mind. But while these media have such a potential value as man educators, they are

also susceptible to destructive and harmful uses for promoting criminal anti-social and selfish escapist

tendencies. While their positive potential as mass educators has to be harnessed for developmental

purposes, their negative, harmful potential has to be curbed in public interest. Law plays a dual role vis-

a-vis such media. On the one hand, it protects the creative freedom involved in them, on the other, it has

to regulate them so as to avoid their possible abuse. This paper will deal with such interaction between

law and mass media.

Course Contents:


Mass media - Types of - Press Films, Radio Television

1. Ownership patterns - Press - Private - Public

2. Ownership patterns - Films - Private

3. Ownership patterns - Radio & Television, Public

4. Difference between visual and non- Visual Media- impact on People’s minds.


Press - Freedom of Speech and Expression - Article 19 (1) (a) 1. Includes Freedom of the Press.

2. Laws of defamation, obscenity, blasphemy and sedition.

3. The relating to employees wages and service conditions,

4. Price and Page Schedule Regulation

5. Newsprint Control Order

6. Advertisement - is it included within freedom of speech and expression?

7. Press and the Monopolies and Restrictive Trade Practices Act.


Films - How far included in freedom in of speech and expression? 1. Censorship of films - constitutionality

2. The Abbas Case.

3. Difference between films and Press - why pre-censorship valid for films but not for the press?

4. Censorship under the Cinematograph Act.


Radio and Television - Government monopoly.

1. Why Government department?

2. Should there be an autonomous corporation?

3. Effect of television on people.

4. Report of the Chanda Committee.

5. Government policy.

6. Commercial advertisement.


7. Internal Scrutiny of serials, etc.

8. Judicial Review of Doordarshan decisions: Freedom to telecast.


Constitutional Restrictions 1. Radio and television subject to law of defamation and obscenity.

2. Power to legislate - Article 246 read with the Seventh Schedule.

3. Power to impose tax - licensing and licence fee.

Suggested Reading:

1. M. P. Jain, Constitutional Law of India (1994) Wadhwa.

2. H. M. Seervai, Constitutional Law of India Vol.I (1991) Tripathi, Bombay.

3. 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).

4. Bruce Michael Boyd, "Film Censorship in India: A Reasonable Restriction on Freedom of Speech

and Expression ". 14 J. I. L. I. 501 (1 972).

5. Rajeev Dhavan "On the Law of the Press in India" 26 J.I.L.I. 288 (1984).

6. Rajeev Dhavan, "Legitimating Government Rhetoric: Reflections on Some Aspects of the Second

Press Commission" 26 J.IL.I. 391 (1984).

7. Soli Sorabjee, Law of Press Censorship in India (1976).

8. Justice E.S. Venkaramiah, Freedom of Press: Some Recent Trends (1984).

9. D D. Basu, The Law of Press of India (1980).

10. Students should consult relevant volumes of the Annual Survey of Indian Law published by the

Indian Law Institute. (Constitutional Law 1 & 11, Administrative Law and Public Interest litigation).



Semester II

UNION-STATE FINANCIAL RELATIONS


Objective: The Indian Constitution adopts federal government for various reasons. Power is divided

between the Union and the States in such a way that matters of national importance are entrusted to the

Centre and matters of local importance are left to the States. The Constitution departs from the model of

classical federalism in many ways. This departure was made to suit the peculiar Indian circumstances.

However, the constitutional provisions were in practice further distorted so as to make the states totally

subservient to the Centre. Distribution of fiscal power is the nerve centre of the federal system. In this

paper a student will be made conscious of various aspects of federal principle, and their working in the

Indian context with a view to ultimately assessing the Indian experience critically. He must clearly

understand various emerging forces such as regionalism, sub-national loyalties and nationalism. He

should be able to see the working of the constitutional process as a vital element of the political

economy.

Course Contents:


Federalism - Essentials

1. Models of Federal Government - U.S.A., Australia, Canada

2. Difference, Between Federation and confederation

3. Evolution of federal government in India


Distribution of Legislative Power/Administrative Power/ Fiscal Power

1. Indian Constitution

2. Centre-State relations

3. Factors responsible for subordination of States

4. Administrative relation

5. Scheme of Allocation of taxing power

6. Extent of Union power of taxation

7. Residuary power - inclusion of fiscal power


Restrictions of Fiscal Power & Distribution of Tax Revenues 1. Fundamental Rights

2. Inter-Government tax immunities

3. Difference between tax and fee

4. Tax-Sharing under the Constitution

5. Finance Commission - Specific purpose grants (Article 282)


Miscellaneous 1. Borrowing Power of the State

a. Borrowing by the Government of India

b. Borrowing by the States

2. Inter-State Trade and Commerce

a. Freedom of Inter-State trade and commerce


b. Restrictions on legislative power of the Union and States with regard to trade and commerce

3. Planning and Financial Relations

a. Planning Commission

b. National Development Council

c. Plan grants


Co-operative Federalism & Federal Government

1. Full faith and credit

2. Inter-State Council

3. Zonal Councils

4. Inter-State disputes

5. Federal Government in India

6. Model of Jammu and Kashmir

7. Sarkaria Commission Report

8. What Reforms are Necessary?

Suggested Reading:

1. H.M. Seervai, Constitutional Law of India (1991), Tripathi, Bombay.

2. Sudha Bhatnagar, Union-State Financial Relations and Finance Commissions, (1979)

3. Ashok Chandra, Federalism in India, (1965)

4. V.D. Sebastian, Indian Federalism: The Legislative Conflicts Chs. 6-7 and 8 (1980).

5. Chandrapal, Centre-State Relations and Cooperative Federalism, Chs. 5 and 8 (1983)

6. G.C.V. Subba Rao, Legislative Powers in Indian Constitution Law, Chs. 37, 38, 39 (1982)

7. Richard M. Pious, The American Presidency, 293-331, Ch. 9 (1979)

8. Daniel J. Elazar, American Federalism, Chs. 3 and 4 (1984)

9. K.P. Krishna Shetty, The Law of Union-State Relations and the Indian Federalism Ch.9 (1981)

10. Report of the Eighth Finance Commission.

11. Administrative Reforms Commission on Centre-State Relationship Ch. 3 (1969)

12. Constituent Assembly Debates Vol. 9, 203, 240 and 302-349; Vol. 10, 325-342.

13. Administrative Reforms Commission, Report of the Study Team on Central-State Relationship

(1967) Vol. 1, Sections land 11, pp. IS- 168

14. L.M. Singhvi (ed.), Union-State Relations in India 124-154 (19690

15. Government of Tamilnadu, Report of the Centre-State Relations Inquiry Committee Ch.5 (1971)

16. D.T. Lakadwala, Union-State Financial Relations (1967)

17. M.P. Jain, Indian constitutional Law (1994), Wadhwa.

18. Subba Rao, The Indian Federation (1969)

19. K.C. Wheare, Federal Governement (1963)


Indian Law Institute (Constitutional Law II)



Semester II

CIVIL AND POLITICAL RIGHTS: COMPARATIVE STUDY OF SELECTED

CONSTITUTIONS

(INDIA, UNITED STATES OF AMERICA AND UNITED KINGDOM)


Objective: Rights are the important part of human life without these, development of an individual is

impossible. These rights give him a chance to be more developed as well as to participate in the

formation of government. The course aims at creating critical understanding of these rights, specially

civil & political rights on world level.

Course Contents:


Introduction & Amendment of Rights 1. Constitutional basis for protection of Individual rights.

2. Balance between individual liberty and social needs.

3. To whom and against whom Rights are available.

4. Suspension of Rights.

5. Adaptability of the Constitutional law to the changing needs of the society.

6. Power and Procedure for amendments of these rights under the American and Indian constitution.


Right to Equality

1. General principles.

2. Protective discrimination with special references to emerging judicial response to the problems of

group inequalities.

3. Comparative study of the decisions of the Indian and American courts.


Freedom of Speech and Expression 1. General principles.

2. Liberty of Press as interpreted by the Indian Supreme Court

3. Interpretation of the freedom guaranteed by the First Amendment of the American Constitution.


Right to life and Personal Liberty & Freedom of Religion 1. Judicial determination of the scope of the term “personal liberty’, “procedure established by law”

and the American expressions “liberty’ and ‘due process”.

2. Radical changes in judicial thinking.

3. Judicial interpretation of the freedom of religion under the Constitution of India and of the United

States.


Elections and the Franchise 1. Constitutional foundation of the right to vote.

2. The voting rights Acts.

3. Judicial supervision of Elections.


Suggested Reading: 1. C.H. McIIwain, Constitutionalism: Ancient and Modern (1947)

2. A.V. Dicey, Introduction to the Study of Law of the Constitution (1982 edition)

3. Indira Nehru Gandhi v. Raj Narain AIR 1975Sc 2299

4. P.K.Tripathi, Rule of Law, Democracy and Frontiers of Judicial Activism 17, Journal of the Indian

Law Institute 25 (1975)

5. Larry Alexander (ed) Constitutionalism: Philosophical Foundations (Cambridge University Press

1998)

6. M.P. Singh , Federalism, Democracy and Human Rights 47, Journal Of the Indian Law Institute 47

(2005)

7. C.J. Friedrich, Constitutional Government and Democracy, (Indian edition reprint 1974)

8. K.C. Wheare, Federal Government Chapter I and II 4th Edition 1963

9. Granville Austin: The Indian Constitution: Cornerstone of a Nation (1966)

10. B.D. Dua and M.P. Singh, Indian Federalism in the New Millennium (2003) Manohar Delhi

11. State of West Bengal v Union of India AIR 1963 SC, 1241 and S.R.Bommai v Union of India AIR

1994 SC 1918

12. Parmanand Singh, Social Rights and Good Governance, in Raj Kumar and D.K. Srivastave (eds)

Human Rights and Development: Law, Policy and Governance , Chapter 24, pp 437-454 Lexis

Nexis, Hong Kong (2006)

13. P.A Inamdar v State of Maharashtra 2005 6 SCC 537, Pai Foundation 2002 8 SCC 481

14. Parmanand Singh , Hunger Amidst Plenty: Reflections on Law, Poverty and Governance, 48,

Journal of the Indian Law Institute 57-77 (2006)

15. Girish Agrawal and Colin Gonsalves , Dalits and the Law, (Human Rights Law Network) New Delhi

(2003)

16. Parmanand Singh, Equality and Compensatory Discrimination: The Indian Experience, in

Chokalingam and Raj Kumar (eds) Human Rights, Criminal Justice and Constitutional

Empowerment , Chapter 7 , Oxford Delhi(2006)

17. Amratya Sen, Development As Freedom (2000)

18. Parmanand Singh, Administration of Minority Institutions : Constitution Does Not Sanction

Oppression, in Tahir Mahmood (ed) Minority and State at the Indian Law 106(1991)

19. Parmanand Singh, Scheduled Castes and the Law, in Upendra Baxi (ed) Law and Poverty: Critical

Essays 132 (1988)

20. Subhash C. Kashyap (ed) The Citizen and Judicial reforms under the Indian Polity (2003) Universal

Law Publishers Delhi

21. S.P. Sathe , Judicial Activism in India: Transgressing Borders and Enforcing Limits, (2003)

22. Parmanand Singh, Protecting Human Rights Through Public Interest Litigation, 42 Journal of The

Indian Law Institute 200(2000)

23. Final report of the Commission to Review the Working of the Constitution: Chairman. Justice M.N.

Venkatachalliah (2002) http://lawmin.nic.in/ncrwc/finalreport.htm

24. A.S. Anand, Judicial Activism :Need For Caution 42 Journal of the Indian Law Institute 149-

59(2000)

25. Parmanand Singh, Judicial Socialism and Promises of Liberation: Myth and Truth 28, Journal of the

Indian Law Institute 337-47(1986)

26. In re Presidential Reference, AIR 1999 SC,1



Semester II

PROJECT WORK

Course Code: LLMC251 L- 0, T-0, P-16, C-8




Guidelines:







examination.




noting.


















a. Cover page

b. Preface

c. Acknowledgement

d. Index





i. Conclusions

j. References


any.


Semester II




Guidelines:



practical field.






division.


Semester III

ELECTIVE-I (CORPORATE LAW)

BANKING LAW


Objective: A vitally important economic institution the banking system is deeply influenced by socio-

political and economic changes. The emerging changes in India, particularly after the initiation of the

planning process as an instrument of rapid economic development had moulded and affected the

banking structure, policies, patterns and practices. A significant development in the banking system is

diversification in banks financing. The commercial banks entered 'into the field of wide ranging

financial assistance to industry, both large and small scale, requiring the need for social control of the

banking system eventually leading to the nationalisation of banks.

The conventional banking system, found to be deficient for planned developmental purposes, paved the

way for developmental banking. The fag end of the last millennium witnesses influx of foreign banking

companies into India and a shift in the banking policy as part of the global phenomenon of liberalisation.

The legal system is adopting itself into the new mores.

This course is designed to acquaint the students with the conceptual and operational parameters of

banking law, the judicial interpretation and the new and emerging dimensions of the banking system.

Course Contents:


Introduction 1. Nature and development of banking

2. History of banking in India and elsewhere -indigenous banking-evolution of banking in India -

different kinds of banks and their functions.

3. Multi-functional banks - growth and legal issues

4. Law Relating to Banking Companies in India

a. Control by government and its agencies.

b. On management

c. On accounts and audit

d. Lending

e. Credit policy

f. Reconstruction and reorganisation

g. Suspension and winding up

h. Contract between banker and customer: their rights and duties


Social Control over Banking 1. Nationalization

2. Evaluation: private ownership, nationalisation and disinvestment

3. Protection of depositors

4. Priority lending

5. Promotion of under privileged classes


Deposit Insurance & Central Bank 1. The Deposit Insurance Corporation Act 1961: objectives and reasons


2. Establishment of Capital of DIC

3. Registration of banking companies insured banks, liability of DIC to depositors

4. Relations between insured banks, DIC and Reserve Bank of India

5. The Central Bank

a. Evolution of Central Bank

b. Characteristics and functions

c. Economic and social objectives

d. The Central Bank and the State - as bankers' bank

e. The Reserve Bank of India as the Central Bank

f. Organisational structure

g. Functions of the RBI

h. Regulation of monitory mechanism of the economy

i. Credit control

j. Exchange control

k. Monopoly of currency issue

l. Bank rate policy formulation

m. Control of RBI over non-banking companies

n. Financial companies

o. Non-financial companies


Relationship of Banker and Customer

1. Legal character of Banker & customer

2. Contract between banker and customer

3. Banker's lien

4. Protection of bankers

5. Nature and type of accounts

6. Special classes of customers - lunatics, minor, partnership, corporations, local authorities

7. Banking duty to customers

8. Consumer protection: banking as service

9. Lending by Banks

a. Good lending principles

b. Lending to poor masses

c. Securities for advances

d. Kinds and their merits and demerits

e. Repayment of loans: rate of interest, protection against penalty

f. Default and recovery

g. Debt recovery tribunal


Recent Trends of Banking System in India 1. New technology

2. Information technology

3. Automation and legal aspects

4. Automatic teller machine and use of internet

5. Smart card

6. Use of expert system

7. Credit cards

8. Reforms in Indian Banking Law; Recommendations of committees: a review


Suggested Reading: 1. Basu, A. Review of Current Banking Theory and Practise (1998) Mac millan

2. Hapgood (ed.), Pagets' Law of Banking (1989) Butterworths, London

3. R. Goode, Commercial Law, (1995) Penguin, London.

4. Ross Cranston, Principles of Banking Law (1997) Oxford.

5. L.C. Goyle, The Law of Banking and Bankers (1995) Eastern

6. M.L. Tannan, Tannan's Banking Law and Practice in India (1997) India Law House, New Delhi, 2

volumes

7. K.C. Shekhar, Banking Theory and Practice (1998) UBS Publisher Distributors Ltd. New Delhi.

8. Dassesse, S. Isaacs and G. Pen, E.C. Banking Law, (1994) Lloyds of London Press, London

9. V. Conti and Hamaui (eds.), Financial Markets' Liberalization and the Role of Banks', Cambridge

University Press, Cambridge, (1993).

10. Dermine (ed.), European Banking in the 1990s' (1993) Blackwell, Oxford.

11. Goodhart, The Central Bank and the Financial System (1995), Macmillan, London

12. S. Chapman, The Rise of Merchant Banking (1984) Allen Unwin, London

13. Subrahmanyan, Banking Reforms ain India (1997) Tata Maigraw Hill, New Delhi.

14. Subodh Markandeya and Chitra Markandeye, Law Relating to Foreign Trade in India: Being a

Commentary on the Foreign Trade, (Development and Regulation) Act 1992, Universal Law

Publishing Co. Pvt. Ltd. Delhi.

15. R.S. Narayana, The Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of

1993), Asia Law House, Hyderabad.

16. M.A. Mir, The Law Relating to Bank Guarantee in India (1992), Metropolitan Book, New Delhi.

17. Anthony Pierce, Demand Guarantees in International Trade (1993) Sweet & Maxwell,

18. Ross Cranston (ed.) European Banking Law: The Banker-Customer Relationship (1999) LLP,

London

19. Mitra, The Law Relating to Bankers' Letters of Credit and Allied Laws, (1998) University

Book Agency, Allahabad.

20. R.K. Talwar, Report of Working Group on Customer Service in Banks

21. Janakiraman Committee Report on Securities Operation of Banks and Financial Institution (1993)

22. Narasimham Committee report on the Financial System (1991)- Second Report (1999)



Semester III

INSURANCE LAW


Objective: As early as in 1601 one finds an excellent exposition of the insurance idea expressed in these

words of an Act of British Parliament "the loss lighteth rather easily, upon many than heavily upon

few". The insured person transfers from his own shoulders to the insurers, who, in return for agreeing to

assume a potential risk of 1oss receive a payment known as premium. The insurers rely on the

probability that only some of the losses, they insure against will in fact occur within any given period.

They calculate, therefore, that they will be left with a profit. The insurer, on the other hand, is better able

to risk his capital in trade since he knows that certain events which he cannot control, such as fire,

shipwreck, will not cause him to lose his investment.

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,

live stock, crop, burglary and various other disasters.

Insurance is a device not to avert risks, calamities 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.

The operational framework of insurance idea is provided by the general principles of contract. The

insurance policy, being a contract, is subject to all the judicial interpretative techniques. Besides, the

insurance idea has a compensatory justice component. This brings it in the arena of the law of tort as

well. It is even suggested that a fully grown and developed law of insurance may, if not totally displace,

decrease the significance of the law of tort.

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.

Course Contents:


Introduction

1. Nature of insurance contract, various kinds of insurance, proposal, policy, parties, consideration,

need for utmost good faith, insurable interest, indemnity

2. Insurance policy, law of contract and law of torts-future of insurance : need, importance and place of

insurance

3. Constitutional perspectives- the Entries 24,25,29,30,47 of List 1 Union List; 23, 24, of List III


General Principles of Law of Insurance

1. Definition, nature and history

2. The risk - commencement, attachment and duration

3. Assignment and alteration

4. Settlement of claim and subrogation


5. Effect of war upon policies

6. Indian Insurance Law: General

a. History and development

b. The Insurance Act 1938 and the Insurance Regulatory Authority Act 2000

c. Mutual insurance companies and cooperative life insurance societies

d. Double Insurance and re-insurance

Unit – III (8 Hours) Insurances -I

1. Life Insurance

a. Nature and scope

b. Event insured against life insurance contract

c. Circumstances affecting the risk

d. Amounts recoverable under life policy

e. Persons entitled to payment

f. Settlement of claim and payment of money

2. Marine Insurance

a. Nature and Scope

b. Classification of marine policies

c. The Marine Insurance Act, 1963

d. Insurable interest, insurable value

e. Marine insurance policy – conditions, express warranties, construction of terms of policy.

f. Voyage-deviation

g. Perils of the sea

h. Assignment of policy

i. Partial laws of ship and of freight, salvage, general average, particular charges

j. Return of premium


Insurances -II 1. Insurance Against Accidents

a. The Fatal Accidents Act, 1855

b. Objects and reasons

c. Assessment of compensation

d. Contributory negligence,

e. Apportionment of compensation and liability

f. The Personal Injuries (Compensation insurance) Act 1963

g. Compensation payable under the Act

h. Compensation insurance scheme under the Act-Compulsory insurance

2. Property Insurance

a. Fire insurance

b. The Emergency Risks (Factories) Insurance

c. The Emergency Risks (Goods) Insurance

d. Policies covering risk of explosion

e. Policies covering accidental loss, damage to property

f. Policies covering risk of storm and tempest

g. Glass-plate policies

h. Burglary and theft policies

i. Live stock policies

j. Goods in transit insurance

k. Agricultural insurance



Insurance Against Third Party Risks & Miscellaneous

1. The Motor Vehicles Act, 1988

2. Nature and scope

3. Effects of insolvency or death on claims of insolvency and death of parties, certificate of insurance

4. Claims tribunal: constitution, functions, application for compensation, procedure, powers and award

5. Liability Insurance

6. Nature and kinds of such insurance

7. Public liability insurance

8. Professional negligence insurance

9. Miscellaneous Insurance Schemes: New Dimensions

a. Group life insurance

b. Medi claim, sickness insurance

Suggested Reading: 1. John Hanson and Christopals Henly, All Risks Property Insurance (1999), LLP Asia, Hongkong.

2. Peter Mac Donald Eggers and Patric Foss, Good Faith and Insurance Contracts (1998) LLP Asia,

Hongkong

3. Banerjee, Law of Insurance (1994), Asia Law House, Hyderabad.

4. Mitra B.C, Law Relating to Marine Insurance (1997) Asia Law House, Hyderabad

5. JCB Gilmar and Mustill, Arnold on the Law of Marine Insurance, (1981), Sweet & Maxwell

6. Birds, Modern Insurance Law (1997) Sweet & Maxwell

7. Colinvaux's Law of Insurance (1997), Sweet & Maxwell

8. O'Mary on Marine Insurance (1993), Sweet & Maxwell.

9. International Labour Office, Administration Practice of social Insurance (1985)

10. E.R. Hardy Ivamy, General Principles of insurance Law (1979)

11. Edwin W. Patterson, Cases and Materials on Law of insurance (1955)

12. N. Sreenivasan Law and the Life Insurance Contract (1914)



Semester III

CORPORATE FINANCE


Objective: Industrialisation has played, and has to play, a very vital role in the economic development

of India. In the post independent era, industrial development is regarded, and hence employed, as

principal means in the strategy for achieving the goal of economic and social justice envisioned in the

Constitution. Corporations, both public and private, are viewed as a powerful instrument for

development. In a developing society like India enormous varieties of consumer goods are manufactured

or produced. Obviously, the situation raises the issues of procuring, utilising and managing the finances.

For this purpose a science of financial management techniques has been evolved. The faculties of

commerce, business and management studies have since last decades started to impart instruction so as

to turn out sufficiently well equipped and adequately trained financial personnel. However, the legal and

juristic aspects of corporate finance have been more or less not effectively taken care of.The broad

objectives of this cause may be - To understand the economic and legal dimensions of corporate finance

in the process; of industrial development in establishing social order in the context of constitutional

values; To acquaint the students with the normative, philosophical and economic contours of various

statutory rules relating to corporate finance; To acquaint the students with the organisation, functions,

lending, and recovery procedures, conditions of lending and accountability of international national and

state financing institutions and also of commercial banks; and To acquaint the students with the process

of the flow and outflow of corporate finance.

Course Contents:


Introduction 1. Corporation Finance

a. Meaning, importance and scope

b. Capital needs - capitalisation - working capital - securities-borrowings-deposits debentures

c. Objectives of corporation finance - profit maximisation and wealth maximisation

d. Constitutional perspectives - the entries 37, 38, 43, 44, 45, 46, 47, 52, 82, 85, and 86 of List 1

(Union List); entry 24 of List II (State List).

2. Equity Finance

a. Share capital

b. Prospectus - information disclosure

c. Issue and allotment

d. Shares without monetary consideration

e. Non-opting equity shares

3. Debt Finance

a. Debentures

b. Nature, issue and class

c. Deposits and acceptance

d. Creation of charges

e. Fixed and floating charges

f. Mortgages

g. Convertible debentures


Conservation of Corporate Finance 1. Regulation by disclosure


2. Control on payment of dividends

3. Managerial remuneration

4. Payment of commissions and brokerage

5. Inter-corporate loans and investments

6. Pay-back of shares

7. Other corporate spending


Protection of creditors & Investors 1. Need for creditor protection

a. Preference in payment

b. Rights in making company decisions affecting creditor interests

c. Creditor self-protection

d. Incorporation of favourable terms in lending contracts

e. Right to nominate directors

f. Control over corporate spending

2. Protection of Investors

a. Individual share holder right

b. Corporate membership right

c. Derivative actions

d. Qualified membership right

e. Conversion, consolidation and re-organisation of shares

f. Transfer and transmission of securities

g. Dematerialisation of securities


Corporate Fund Raising 1. Depositories - IDR(Indian depository receipts), ADR(American depository receipts), GDR(Global

depository receipts)

2. Public financing institutions - IDBI, ICICI, IFC and SFC

3. Mutual fund and other collective investment schemes

4. Institutional investments - LIC, UTI and banks

5. FDI and NRI investment - Foreign institutional investments (IMF and World bank)


Administrative Regulation on Corporate Finance

1. Inspection of accounts

2. SEBI

3. Central government control

4. Control by registrar of companies

5. RBI control

Suggested Reading: 1. Alastair Hundson, The Law on Financial Derivatives (1998), Sweet & Maxwell

2. Eil's Ferran, Company Law and Corporate Finance (1999), Oxford.

3. Jonathan Charkham, Fair shares: the Future of Shareholder Power and Responsibility (1999),

Oxford.

4. Ramaiya A, Guide to the Companies Act (1998), Vol. I, II and III.

5. H.A.J. Ford and A.P. Austen, Fords' principle of Corporations Law (1999) Butterworths.

6. J.H. Farrar and B.M. Hanniyan, Farrar's company Law (1998) Butterworths


7. Austen R.P., The Law of Public Company Finance (1986) LBC

8. R.M. Goode, Legal Problems of Credit and Security (1988) Sweet and Maxwell

9. Altman and Subrahmanyan, Recent Advnces in Corporate Finance (1985) LBC

10. Gilbert Harold, Corporation Finance (1956)

11. Henry E. Hoagland, Corporation Finance (1947)

12. Maryin M. Kristein, Corporate Finance (1975)

13. R.C. Osborn, Corporation Finance (1959)

14. S.C. Kuchhal Corporation finance : Principles and Problems (6th ed. 1966)

15. V.G. Kulkami, Corporate Finance (1961)

16. Y.D. Kulshreshta, Government Regulation of Financial management of Private Corporate Sector in

India (1986)

17. Journals - Journal of Indian Law Institute, Journal of Business Law, Chartered Secretary, Company

Law Journal, Law and Contemporary Problems.

18. Statutory Materials - Companies Act and laws relating SEBI, depositories, industrial financing and

information technology.



Semester III

PROJECT WORK

Course Code: LLMA351 L- 0, T-0, P-16, C-8




Guidelines:







examination.




noting.


















a. Cover page

b. Preface

c. Acknowledgement

d. Index





i. Conclusions

j. References


any.


Semester III




Guidelines:



practical field.






division.


Semester III

ELECTIVE-II (CRIMINAL LAW)

COMPARATIVE CRIMINAL PROCEDURE


Objectives: Criminal Procedure is being taught as a compulsory paper at the level of LL.B. today.

However, a jurisprudential thrust has to be given to this subject at the post-graduate level as this is a

subject which has constitutional undertones and jurisprudential importance. A study of comparative

criminal procedure helps students develop an ecumenical approach and broadens their vision. It inspires

them renew and revise their laws to be in tune with developed systems. The paper is taught with

reference to India, England, France and China.

Course Contents:


Organisation of Courts and Prosecuting Agencies 1. Hierarchy of criminal courts and their jurisdiction

2. Nyaya Panchayats in India

3. Panchayats in tribal areas

4. Organisation of prosecuting agencies for prosecuting criminals

5. Prosecutors and the police

6. Withdrawal of prosecution.


Pre-trial Procedures

1. Arrest and questioning of the accused

2. The rights of the accused

3. The evidentiary value of statements / articles seized / collected by the police

4. Right to counsel

5. Roles of the prosecutor and the judicial officer in investigation.


Trial Procedures

1. The accusatory system of trial and the inquisitorial system

2. Role of the judge, the prosecutor and defence attorney in the trial

3. Admissibility and inadmissibility of evidence

4. Expert evidence

5. Appeal of the court in awarding appropriate punishment.

6. Plea bargaining


Correction and Aftercare services 1. Institutional correction of the offenders

2. General comparison - After - care services in India and France

3. The role of the court in correctional programmes in India.


Preventive Measures in India & Public Interest Litigation 1. Provisions in the Criminal Procedure Code


2. Special enactments

3. Public Interest Litigation

4. Directions for criminal prosecution.

Suggested Reading: 1. Celia Hamptom, Criminal Procedure

2. Wilkins and Cross, Outline of the Law of Evidence

3. Archbold, Pleading, Evidence and Practice in Criminal Cases

4. Sarkar, Law of Evidence

5. K.N.Chandrasekharan Pillai(ed.), R.V. Kelkar's Outlines of Criminal Procedure (2000), Eastern,

Lucknow.

6. Patric Devlin, The Criminal Prosecution in England

7. American Series of Foreign Penal Codes Criminal Procedure Code of People's Republic of China.

8. John N. Ferdico, Criminal Procedure (1996), West

9. Sanders & Young, Criminal Justice (1994)

10. Christina Van Den Wyngart, Criminal Procedure Systems in European Community Joel Samaha,

11. Criminal Procedure (1997), West

12. Criminal Procedure Code,1973

13. The French Code of Criminal Procedure.

14. 14th and 41st Reports of Indian Law Commission.

15. The Paper will be taught with reference, wherever necessary, to the procedures in India, England,

US France, Russia and China



Semester III

SOCIO – ECONOMIC OFFENCES


Objective: Crime is that evil which not only injures the humanity but also the whole society. It also

affects the economic atmosphere as well as the economic activities. Dowry, Juvenile delinquency, Black

marketing etc. are some of them. The course aims at creating critical understanding of these crimes, its

effect on society its differences with traditional crime.

Course Contents:


Introduction 1. The concept of Social and Economic Offences.


The Distinction between Traditional Offences and the Socio Economic Offences 1. Principles of Traditional Criminal Jurisprudence.

2. Special features of Socio-Economic Offences.

3. Socio Economic offences and white collar crimes.

4. Socio Economic factor and Juvenile delinquency.


Prevention

1. Prevention of Socio Economic Crimes and Major constraints in the Implementation of Law Relating

to Socio Economic Offences.


Dowry

1. Dowry as a Social Evil.

2. The Dowry (Prohibition Act 1961.)

3. Dowry Prohibition (Gift to Bride & Bride Groom) Rules 1985.

Unit – V (8 Hours) 1. Problems of Control of Dowry System in India

2. Socio Economic Factors

3. Failure of Legislative Enactments

Suggested Reading:

1. U. Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and Social Change: ndo-

American Reflections 92 (1988)

2. U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)

3. A.R. Desal, (ed.) Peasant Struggles in India, (1979)

4. K.S. Shukla, "Sociology of Deviant Behaviour," in 3 ICSSR Survey of Sociology and Social

Anthropology

5. T. Honderich, Violence for Equality (1980)

6. Mark Juergensmeyer, "The Logic of Religious Violence: The Case of Punjab" 22 Contributions to

Indian Sociology 65 (1988)



Semester III

COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM


Objective: This is a crucial area of Indian development with which traditional, western, criminology is

not overly preoccupied. Collective political violence (CPV) is the order of the day, whether it is agrarian

(feudal) violence, or it is atrocities against untouchables, communal riots, electoral violence, police

violence (encounters), political violence by militant and extremist groups, gender-based violence or

violence involved in mercenary terrorism and its containment.

It is not very helpful in such contexts, to mouth the generalities such as "criminalization" or

"lumpenization" of Indian politics. Closer scientific investigation of these phenomena is crucial, which

should help us understand both the aetiology and the prognosis of CPV. Instead of political analysis the

course should focus on a broader social understanding of the political economy of law in India. Each

specific form of violence will be examined with a view to identifying the course of its evolution, the

state-law response policies of management of sanctions, compensation and rehabilitation of victims of

violence, social and political costs. The growth of police and paramilitary forces will also, in this

context, be an object of study. Primary materials here will be governmental and citizen investigative

reports. The emphasis of the course will be on fashioning overall democratic understanding and

responses to meet this problem.

Course Contents:


Introduction 1. Notions of “force”, “coercion”, “violence”

2. Distinction: “Symbolic” violence, “Institutionalized” violence, “Structural violence”

3. Legal order as a coercive normative order

4. Force-monopoly of modern law

5. ”Constitutional” and “criminal” speech: Speech as incitement to violence

6. “Collective political violence” and legal order

7. Notion of legal and extra-legal “repression”


Approaches to Violence in India

1. Religiously sanctioned structural violence: Caste and gender based.

2. Ahimsa in Hindu, Jain, Buddhist, Christian, and Islamic traditions in India.

3. Gandhi ji’s approach to non-violence

4. Discourse on political violence and terrorism during colonial struggle

5. Attitudes towards legal order as possessed of legitimate monopoly over violence during the colonial

period.


Agrarian Violence and Repression 1. The nature and scope of agrarian violence in the 18-19 centuries India.

2. Colonial legal order as a causative factor of collective political (agrarian) violence

3. The Telangana struggle and the legal order

4. The Report of the Indian Human Rights Commission on Arwal Massacre



Violence against the Scheduled Castes

1. Notion of Atrocities

2. Incidence of Atrocities

3. Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities

4. Violence Against Women.


Communal Violence 1. Incidence and courses of “communal” violence

2. Findings of various commissions of enquiry

3. The role of police and para-military systems in dealing with communal violence

4. Operation of criminal justice system tiring, and in relation to, communal violence.

Suggested Reading: 1. U. Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and Social Change: ndo-

American Reflections 92 (1988)

2. U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)

3. A.R. Desal, (ed.) Peasant Struggles in India, (1979)

4. A.R. Desai, Agrarian Struggles in India: After Independence (1986) A.R. Desai, Violation of

democratic Rights in India (1986)

5. D.A. Dhangare, Peasant Movement in India: 1920-1950 (1983)

6. Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India (1983) Ranjit Guba, (ed,

) Subaltern Studies Vol. 1-6 (1983-1988)

7. T. Honderich, Violence for Equality (1980)

8. Mark Juergensmeyer, "The Logic of Religious Violence: The Case of Punjab" 22 Contributions to

Indian Sociology 65 (1988)

9. Rajni Kothari, State Against Democracy (1987)

10. G. Shah, Ethnic Minorities and Nation Building: Indian Experience (1984)

11. K.S. Shukla, "Sociology of Deviant Behaviour," in 3 ICSSR Survey of Sociology and Social

Anthropology 1969-1979 (1986)



Semester III

PROJECT WORK





Guidelines:







examination.




noting.


















a. Cover page

b. Preface

c. Acknowledgement

d. Index





i. Conclusions

j. References


any.


Semester III




Guidelines:



practical field.






division.


Semester III

ELECTIVE-III (CONSTITUTION AND LEGAL ORDER)

CONSTITUTIONALISM: PLURALISM AND FEDERALISM


Objective: Constitutionalism essentially means a limited government. Where government functions

according to certain principles, it is said to be abiding by constitutionalism. Must it be a democracy or

can it be an autocracy also. In ancient India, the king was supposed to act according to dharma. He was

not absolute in the sense in which John Austin defined sovereignty. Constitutionalism may therefore be

determined by a written constitution or by religion or tradition or by mere practice or convention as in

England. In a plural society, where different religious as well as linguistic groups have to live together,

various rules of accommodation and mutual recognition are incorporated in the Constitution. Usually

these are contained in the bills of rights which contain guarantees of individual liberty and equality

against majoritarian rule. Constitutionalism does not merely imply majoritarian rule, it has to be a

consensual rule. However, where there is not only such vertical pluralism but also horizontal pluralism

reflected by subnations/regional loyalties, power is not only required to be restrained but it has to be

shared. This calls for a federal government. The purpose of this paper is to provide exposure to the

students to various models of pluralism and forms of constitutional governments and federal structures.

Course Contents:


Constitutionalism 1. Authoritarianism - Dictatorship

2. Democracy - Communism.

3. Limited Government - concept - Limitations on government power.

4. What is a Constitution?

5. Development of a democratic government in England - Historical evolution of constitutional

government.

6. Conventions of constitutionalism - law and conventions

7. Written Constitutions: U.S.A. Canada Australia Sweden South Africa and India.

8. Separation of powers: Montesquieu

9. Rule of Law: Concept and new horizons

10. Marxist concept of constitutionalism

11. Dictatorship of the proletariat.

12. Communist State from Stalin to Gorbachov.

13. Fundamental Rights: Human rights

14. Judicial Review: European Court of Human Rights

15. Human Rights: International conventions

16. Limits & doctrine of domestic jurisdiction in international law.


Federalism 1. What is a federal government?

2. Difference, between confederation and federation

3. Conditions requisite for federalism.

4. Patterns of federal government - U.S.A., Australia, Canada, India.

5. Judicial review - for federal umpiring

6. New trends in federalism: Co-operative federalism

7. India - Central Control v. State Autonomy

8. Political factors influencing federalism

9. Plural aspects of Indian Federalism: Jammu & Kashmir, Punjab, Assam.

10. Dynamic of federalism.



Pluralism

1. What is a pluralistic society?

2. Ethnic, linguistic, cultural, political pluralism

3. Individual rights - right to dissent

4. Freedom of speech and expression

5. Freedom of the press

6. Freedom of association

7. Rights to separateness

8. Freedom of religion

9. Rights of the religious and linguistic minorities

10. Compensatory discrimination for backward classes

11. Women - rights to equality and right to special protection

12. Scheduled Tribes, Distinct Identity - protection against exploitation - NSIS – Exclusion from Hindu

Law


Uniform Civil Code & Equality

1. Non-State law (NSLS) and State Law Systems - Problem of a Uniform Code v personal laws-

vertical federalism

2. Equality in Plural Society

a. Right to equality and reasonable classification

b. Prohibition of discrimination on ground of religion, caste, sex, language.

c. Abolition of untouchability

d. Secularism - constitutional principles

e. Tribal Groups and Equality


Pluralism and International Concerns 1. International Declaration of Human Rights

2. Conventions against genocide

3. Protection of religious, ethnic and linguistic minorities

4. State Intervention for protection of human rights

5. Right of self-determination

Suggested Reading: 1. Upendra Baxi, "Law, Democracy and Human Rights"- 5 Lokayan Bulletin 4 (1987)

2. V.M. Dandekar "Unitary Elements in a Federal Constitution" 22 E.P.W. 1865 (1988)

3. Rajeev Dhavan, "The Press and the Constitutional Guarantee of Free Speech and Expression" 28

J.I.L.I. 299 (1986)

4. M.A. Fazal "Drafting A British Bill of Rights" 27 J.I.L.I. 423 (1985)

5. M.P. Jain Indian Constitutional Law (1994), Wadhwa.

6. Jagat Narain "Judicial Law Making and the Place of the Directive Principles in the Indian

Constitution," J.I.L.I. 198 (1985).

7. Rhett Ludwikowski, "Judicial Review in the socialist Legal Systems: Current Development" 37

I.C.L.D. 89-108 (1988)

8. S.P. Sathe, Fundamental Rights and Amendment of the Indian Constitution, (1968)

9. H.M. Seervai, Constitutional Law of India (1993), Tripathi, Bomaby.


Indian Law Institute.



Semester III

HUMAN RIGHTS


Objective: Human rights were conceived rather narrowly as mere freedom from arbitrary government in

the past. It was realised later and much more so during last fifty years since the end of the Second

World War that the threats to liberty, equality and justice did not emanate from the state alone. Many

nations of Asia and Africa came to nationhood during this period. These nations had to bring about their

development and they needed capital. Foreign aid and foreign investments were invited but these could

very well lead to their second subjugation. Poverty, ignorance, exploitation had to be fought at the

global level. Development had to come without the sacrifice of human values. A greater awareness of

human rights, not only as negative restrictions on the state but as positive obligations for creating an

environment in which man could live with dignity was necessary.

The focus of a course on human rights must be on the national problems with an international or global

perspective. The world community's concerns about human rights have been expressed through various

conventions. On the national levels, they are contained in constitutional provisions such as directive

principles of state policy, fundamental rights, fundamental duties and judicial, legislative as well as

administrative strategies of reconstruction. Human rights acquire much more comprehensive and wider

meaning. It requires us to take up cudgels against poverty discriminations based on caste, colour or sex,

make provisions for drinking water, population control, conservation and preservation of natural

resources, ecological balance, protection of consumers against ruthless and profit seeking, traders or

manufacturers, provisions against hazardous industries and so on and so froth. Human rights is an

important parameter for a just society and future lawyers must be able to assess any programme of social

transformation with reference to them.

Course Contents:


Panoramic View of Human Rights

1. Human Rights in Non-western Thoughts

2. Awareness of Human rights during the nationalist movement

3. Universal Declaration of Human Rights, Constituent Assembly and Part III, drafting process.

4. Subsequent developments in International Law and the Position in India (e.g. Convention of Social

discrimination, torture, gender discrimination, environment and the two human rights convenants.)


Right not be Subject to Torture, Inhuman or Cruel Treatment& Minority

1. Conceptions of torture, third-degree methods & its justifications.

2. Outlawry of torture at international and constitutional law level

3. Incidence of torture in India

4. Judicial attitudes

5. Law Reform - proposed and pending

6. Minority Rights

7. Conception of minorities

8. Scope of protection

9. The position of minority "Woman" and their basic rights

10. Communal Riots as Involving violation of Rights.



Rights to development of Individuals and Nations

1. The UN Declaration on Right to Development, 1987

2. The need for constitutional and legal changes in India from human rights standpoint

3. People's Participation in Protection and Promotion of Human Rights

a. Role of International NGOS

b. Amnesty International

c. Minority Rights Groups

d. International Bars Association, Law Asia

e. Contribution of these groups to protection and promotion of human rights in India.


Development Agencies and Human Rights 1. Major international funding agencies and their operations in India

2. World Bank lending and resultant violation/promotion of human rights

3. Should development assistance be tied to observance of human rights (as embodied in various UN

declarations)


European Convention of Human Rights

1. European Commission/Court of Human Rights

2. Amnesty International

3. PUCL, PUDR, Citizens for Democracy

4. Minorities Commission

5. Human Rights Commission

6. Remedies Against Violation of Human Rights

Suggested Reading:

1. M.J. Akbar, Riots After Riots (1988)

2. U.Baxi (ed.), The Right to be Human (1986)

3. U.Baxi, The Crisis of the Indian Legal System (1982), Vikas Publishing House, New Delhi.

4. F.Kazmi, Human Rights (1987)

5. L.Levin, Human Rights (1982)

6. Madhavtirtha, Human Rights (1953)

7. W.P. Gromley, Human Rights and Environment (1976)

8. Beddard, Human Rights and Europe (1980)

9. Nagendra Singh, Human Rights and International Co-operation (1969)

10. S.C. Kashyap, Human Rights and Parliament (1978)

11. S.C. Khare, Human Rights and United Nations (1977)

12. Moskowitz, Human Rights and World Order (1958)

13. J.A. Andrews, Human Rights in International Law (1986)

14. Menon (ed.), Human Rights in International Law (1985)

15. A.B. Robertson (ed), Human Rights in National and International Law (1970)

16. Upendra Baxi, "Human Rights, Accountability and Development" Indian Journal of international

law 279 (1978)



Semester III

NATIONAL SECURITY, PUBLIC ORDER, AND RULE OF LAW


Objective: In every written constitution, provision is required to be made to equip the state to face grave

threats to its existence arising from extra-ordinary circumstances created by war or external aggression

or armed rebellion. Although "amidst the clash of arms, the laws are not silent" they do not speak the

same language in war as in peace. Extra-ordinary circumstances warrant the invocation of extra-

ordinary laws and such laws are known as emergency laws. They put greater fetters on individual

liberty and also eclipse certain aspects of the due process. But in such circumstances, the democratic

forces must assert that for survival of the State, the least possible liberty should be available. The

students should be familiarized with different aspects of such emergency powers and scrutinizing

intellectual attitude towards such powers.

Course Contents:


National Security, Public Orders and Rule of Law

1. Emergency Detention in England - Civil Liberties

2. Subjective satisfaction or objective assessment?

3. Pre-Independence law.


Preventive Detention and Indian Constitution

1. Article 22 of the Constitution

2. Preventive Detention and Safeguards

3. Declaration of Emergencies

4. 1962, 1965 and 1970 Emergencies

5. 1975 Emergency


Exceptional Legislation

1. COFEPOSA and other legislation to curb economic offenders

2. TADA: "the draconian law"-comments of NHRC

3. Special courts and tribunals

4. Due process and special legislation


Civil Liberties and Emergency

1. Article 19

2. Meaning of "Security of State"

3. Meaning of "Public Order"

4. Suspension of Article 19 rights on declaration of emergency

5. President's Right to suspend right to move any court

6. Article 21 - special importance - its non-suspendability

7. Suspendability -44th amendment



Access to Courts, Emergency & Martial Law

1. Article 359: ups and downs of judicial review

2. Constitution (Forty-fourth), Amendment Act, 1978

3. Constitution (Fifty-ninth) Amendment Act,. 1988

4. Martial Law

a. Provisions in English Law

b. Provisions in the Constitution

Suggested Reading:

1. G.O. Koppell "The Emergency, The Courts and Indian Democracy" 8 J.I.L.I. 287 (1966)

2. H.M. Seervai, The Emergency, Future Safeguards and the habeas Corpus: A Criticism (1978)

3. International Commission of Jurists, Status of Emergency and Human Rights (1984)

4. N.C. Chatterji and Parameshwar Rao, Emergency and the Law (1966)



Semester III

PROJECT WORK

Course Code: LLMC351 L- 0, T-0, P-16, C-8




Guidelines:







examination.




noting.


















a. Cover page

b. Preface

c. Acknowledgement

d. Index





i. Conclusions

j. References


any.


Semester III




Guidelines:



practical field.






division.


Semester IV

DISSERTATION

Course Code: LLM451 L-0, T-0, P-0, C-16

Objective: The course aims at creating critical understanding of law with practical orientation on

current issues.

Course Contents:

The evaluation of the Dissertation will be conducted by a Board of Examiners comprising of Dean,

Supervisor and senior most faculty member and an External Examiner with the approval of the Hon’ble

Vice Chancellor.


Semester IV


Course Code: LLM452 L-0, T-0, P-0, C-6


Guidelines:



practical field.






division.

Documents

Study & Evaluation Scheme of - TMUtmu.ac.in/college-of-law-legal-studies/.../12/2016/05/syllabusllm.pdf · STUDY & EVALUATION SCHEME OF LL.M. PROGRAMME ... 5 LLM151 Project Work -