master of law part - i - mohanlal sukhadia university

MASTER OF LAW

PART - I

(New Course)

Paper I : Law and Social Transformation in India

Paper II : Indian Constitutional Law: The New Challenges

Paper III : Legal Theory

Paper IV : Legal Education and Research Methodology

Paper V : Law of Contractual Transactions

Every theory paper shall be three hours duration.

MASTER OF LAW

(New Course)

Paper – I

Law And Social Transformation In India

Max. Marks: 100 Min. Marks: 40

Objective of the Course :

This course is designed to offer the teacher and taught with (I) awareness in Indian approaches to

social and economic problems in the context of law as a means of social control and change; and

(ii) a spirit of inquiry to explore and exploit law and legal instructions as a means to achieve

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

role of the law has played and has play in the contemporary Indian society :

Unit – 1:

(A) Law and Social Change :

i) Relations between Law and Public Opinion

ii) Law as an instrument of social change

iii) Law as the product of traditions and culture, Criticism and evaluation in the light of

colonisation and the introduction of common law system and institutions in India

and its impact on further development of law and legal institutions in India,

sociiological school and its applicability in India, principles of social legislation.

(B) Religion and the Law :

i) Religion – its meaning and relationship with law

ii) Evaluation of Religion as a divisive factor

iii) Secularism as a solution to the problem

iv) Reform of the law on secular lines : Problems

v) Freedom of religion and non-discrimination on the basis of religion

vi) religious minorities and the law

Unit-2 :

(A) Language and the Law :

i) Multi-linguistic culture and its impact on policy on nation

ii) Language as a divise factor : formation of linguistic states

iii) Constitutional guarantee to linguistic minorities

iv) Language policy and the Constitution ; Official language; multi language system

v) Non-discrimination on the ground of language

(B) Community and the Law :

i) Caste as a socio-cultural reality and role of caste as a divisive and integrative factor

ii) Non-discrimination on the ground of caste

iii) Acceptance of Caste as a factor to undo past injustices

iv) Protective discrimination; Scheduled Castes, tribes and backward classes

v) Reservation : Statutory Commissions, statutory provisions

Unit – 3:

(A) Regionalism and the Law :

i) Evaluation of Regionalism as a divisive and integrative factor

ii) Concept of India as one unit

iii) Right of Movement, residence and business; impermissibility of state or regional

barriers

iv) Equality in matters of employment; the slogan “Sons of the soil” and its practice

v) Admission to educational institutions; preference to residents of a state.

(B) Women and the Law :

i) Position and the Role of women in Indian society

ii) Crimes against women

iii) Gender injustice and its various forms, causes and remedies

iv) Women’s Commission

v) Empowerment of women; Constitutional and other legal provisions

Unit – 4:

(A) Children and the Law :

i) Child labour

ii) Sexual exploitation

iii) Adoption, maintenance and related problems

iv) Children and education – a constitutional mandate

(B) Modernisation and the Law :

i) Modernisation as a value : Constitutional perspectives reflected in the fundamental

duties

ii) Modernisation of social institutions through law

iii) Reform of family law

iv) Agrarian reform – Industrialisation of agriculture

v) Criminal Law : Plea bargaining; compounding and payment of compensation of

victims

vi) Civil Law (ADR) Confrontation v., consensus; mediation and conciliation: Lok

Adalats

vii) Democratic decentralisation and and local Self-government

viii) The Jurisprudence of Sarvodaya-Gandhiji, Vinoba Bhave

ix) Socialist thought on law and justice : an enquiry through constitutional debates on

the right to property

x) Marxist Legal Theory

SELECTED BIBLIOGRAPHY :

1. Marc Galanter (ed.) : law and Society in Modern India (1997), Ocford.

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 Pverty Critical Essays (1988), Tripathy, 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 : Constructional Law of India (1996), Tripathi

8. DD.Basu : Shorter Constitution of India (1996), Prentice Hall of India (P) Ltd., New

Delhi

9. Sunil Deshta and Kiran Destha : Law and Menace of Child Labour (2000) Anmol

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.Kriplani : 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.

Paper –II : Indian Constitutional Law : The new Challanges



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 specialization. Obviously, rubrics under this paper require modification and

updating from time to time.

Unit – 1:

(A) Federalism :

i) Creation of new states

ii) Allocation and share of resources-distribution of grants in aid

iii) The inter-state disputes on resources

iv) Rehabilitation of internally displaced persons

v) Centre’s responsibility and internal disturbance within States

vi) Freedom of Trade, Commerce and Intercourse

vii) Directions of the Centre to the State under Article 356 and 365

viii) Services under Union and State Emergency Provisions

ix) Federal Comity : Relationship of trust and faith between Centre and State

x) Special status of certain States

xi) Tribal Areas, Scheduled Area

(B) “State” Need for widening the definition in the wake of liberalisation.

(C) Right to Equality : Privatisation and its impact on affirmative action

Unit : 2 : Freedom of Press and challenges of new scientific development :

i) Freedom of speech and right to broadcast and telecast

ii) Right to strikee, hartal and bandh

iii) Emerging regime of new rights and remedies – Right to Education; Right to

Information and Right to Privacy

iv) Reading Directive Principles and Fundamental Duties to Fundamental Rights

v) Compensation jurisprudence

vi) Right to education

vii) Commercialisation of education and its impact

viii) Brain drain by foreign education market

Unit – 3 : Right of minorities to establish and administer educational Institutions and state

control :

i) Secularism and religious fanaticism

ii) Separation of powers : Stresses and Strain

iii) Judicial activism and judicial restraint

iv) PIL : implementation

v) Judicial independence

vi) Appointment, transfer and removal of judges

vii) Accountability ; executive and judiciary

viii) Tribunals

Unit – 4 : Democratic Process

i) Nexus of politics with criminals and the business

ii) Election

iii) Election Commission : Status

iv) Electoral Reforms

v) Coalition government, stability, durability, corrupt practice

vi) Grass root democracy


No specific bibliography is suggested for this course since the course materials obviously depends

upon the latest developments. These developments in the areas specified in the course can be

gathered from the recent materials such as case law, changes and amendments of laws, critical

comments, studies and reports, articles and research papers and lastly contemporary emerging

ethos impacting on constitutional values.

Paper –III : Legal Theory


Note : 1. Eight questions shall be set with two questions from each unit. The candidates shall

be required to attempt four questions in all, selecting one question from each unit.

2. All questions shall carry equal marks.

Unit – I

1. Nature, Value and Province of Jurisprudence

2. Positivism :

(a) Bentham and Positivism

(b) John Austin and Analytical Jurisprudence

3. Modern Positivism :

(a) Kelsen’s Pure Theory of Law

(b) Hart’s Concept of Law

(c) Dwarkin’s Criticism of Positivism and his Theory of Law

Unit – II

1. Historical Jurisprudence

(a) Savigny and the Historical School

(b) Henry Maine and the Anthropological School

2. Natural Law :

(a) Revival of Natural Law

(b) Lon.L.Fuller – Morality of Law

3. The Theory of Precedent in India.

Unit – III

1. Modern Realism

2. Sociological Jurisprudence

(a) Ihering, Ehrlich and Duguit

(b) Rescoe Pound’s Social Engineering

3. Theory of Social Justice

(a) John Rawls.

(b) Indian approach to socio-economic justice

Unit – IV

Legal Concepts

1. Legal Rights

2. Legal Personality

3. Possession and Ownership.

Selected Bibliography :

1. Paton A Text Book of Jurisprudence

2. Dias Jurisprudence

3. Friedmanm Legal Theory

4. Hart Concept of Law

5. Lloyd Introduction of Jurisprudence

6. Fuller The Morality of Law

7. Basu Modern Theories of law (TLL)

8. Austin The Province of Jurisprudence Determined

9. Bodenheimer Jurisprudence

10 Stone Social Dimensions of Law and Justice

11 Jennings Modern Theory of Law

12 Allen Law in the Making

13 Pound Jurisprudence Vol.I-IV

14 Weermantrury Equality and Freedom : Some Third World Prospective

15 Hilaire McCoubrey Text Book on Jurisprudence

& Nigel D.White

16. Dwarkin Taking Rights Seriously (1972), Law’s Empire (1986)

17. Beatham Limits of Jurisprudence Defined (Ed. By Everu) 1945.

18. Savigny Law of Possession

19. Stone, Julius The Province & Function of Law

20. Sir Henry Maine Ancient Law

21 Rawls, john Theory of Justice

22 Cardoza Nature of Judicial Process

23 Holmes The Path of Law.

Paper –IV : Legal Education and Research Methodology



A Post-graduate student of law should get an insight into the objectives of legal education. He

should have an exposure to programmes like organization 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 also to

produce lawyers with better competence and expertise, it it 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, problems method, discussion method, Seminar method

and a combination of all these methods. The student has to be exposed to those 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 also skills in research and writing in a systematic manner.

Unit – 1 :

i) Objective of Legal Education.

ii) Lecture Method of Teaching – Merits and demerits

iii) The problem method

iv) Discussion methods and its suitability at post graduate level teaching

v) the seminar method of teaching

vi) Examination System and problems in evaluation – external and internal assessment

vii) Student participation in law school programmes, Organization of seminars,

publication of journals and assessment of teachers

viii) Clinical legal education – legal aid, legal literacy, legal survey and law reform

Unit – 2 : Research Method :

i) Socio-Legal Research

ii) Doctrinal and non-doctrinal

iii) Relevance of empirical research

iv) Introduction and deduction

v) Identification of problem of research – what is a research problem

vi) Survey of available literature and bibliographical research

vii) Legislative materials including subordinate legislation, notification and policy

statements

Unit – 3 :

i) Decisional materials including foreign decisions; methods of discovering the ‘rule of

the case’ tracing the history of important cases and ensuring that these have not

been over ruled; discovering judicial conflict in the area pertaining to the research

problem and the reasons thereof.

ii) Juristic writings – a survey of Juristic literature relevant to select problems in India

and foreign periodicals

iii) Compilation of list of reports or special studies conducted relevant to the problem

iv) Formulation of the Research problem

v) Devising tools and techniques for collection of data : Methodology

vi) Methods for the collection of statutory and case material and juristic literature

vii) Use of historical and comparative research materials

viii) Use of observation studies

ix) Use of questionnaires/interview

x) Use of case studies

xi) Sampling procedures design of sample, types of sampling to be adopted

xii) Use of scaling techniques

Unit – 4:

i) Jurimetrics

ii) Computerized Research – A study of legal research programmes such as Lexis and

West law coding

iii) Classification and Tabulation of data – use of cards for data collection. Rules for

tabulations Explanation of tabulated data

iv) Analysis of data


1. High Brayal, Nigel Dunean and Richard Crimes : Clinical Legal Education : Active

Learning in your Law School, (1998), Blackstone Press Ltd., London

2. S.K.Agarwal (ed.) : Legal Education in India (1973), Tripathi, Bombay

3. N.P.Madhava menon (ed.) : A Handbook of Clinical Legal Education, (1998) Eastern

Book Company, Lucknow.

4. M.O. Price, H.Bitner and Bysieqiez : Effective Legal Research (1978)

5. Pauline V.Young : Scientific Social Survey and Research (1962)

6. William. J.Grade and Paul K.Hatt. : Methods in Social Research, McGraw Hill Book

Company, London

7. H.M.Hyman : Interviewing in Social Research (1965)

8. Payne : The Art of Asking Questions (1965)

9. Erwin C. : Surrency, B.Field J.Crea : A Guide to Legal Research

10. Morris L.Cohan : Legal Research in Nutshell (1996), West Publishing Company

11. Harvard Law Review Association, Uniform System of Ciations

12. ILI Publication : Legal Research and Methodology

Optional Paper

The students shall opt one paper out of the following :

Paper V : (a) Corporate Law & Management


Note : 1. Eight Questions shall be set with two questions from each unit. The candidates shall

be required to attempt four questions in all, selecting one question from each unit.


Prescribed Course of Studies :

To study the legal and quasi-legal problems connected with the corporate sector with particular

reference to the laws, regulations and administrative framework relating to the organisation and

working of joint stock enterprise and the regulation of the capital market in India.

To give an appreciation of the significance of the law of corporate enterprises in industrialising of

India and a comprehension of the economic and social avlues which corporate enterprises to

subserve in a planned welfare economy, and an evaluation of the Indian Company law and practice

in the context.

To study and evaluate the relevant case law with a view to the evolution of a sound code of

company practice, and

To make a comparative study of the law and practice in other countries on important aspect of

Company Law and its administration.

Unit – I :

1. Corporation – its past, present and future

2. Development of various concepts relating to company law, Jurisprudence History of

company Legislation in India.

3. Concept or corporate personality and limited liability, advantages of Incorporation;

Doctrine of piercing the Corporate Veil, Corporation and Fundamental Right.

4. Kinds of companies and other forms of Business Organisation.

5. Registration and incorporation, powers of company, Sources of Power, Memorandum of

Association, Doctrine of ultra vires.

6. Promoters – position, importance, duties and liabilities

7. Company Law Board – Its Constitution, Power and Functions

Unit- II :

1. Prospectus, Statement in liew of Prospectus, Liability for mis-statement.

2. Shares – Meaning and Nature, kinds, Allotment, Transfer and Transmission, Effects of

irregular Allotment, Right Issues, Bonus Shares, Purchase of its own shares; Borrowing

Powers of Companies.

3. Debentures, kinds of debentures, Charges, Classification of Charges, Registration of

Charges.

4. Securities and Exchange Board of India Act, 1992 – Salient Features.

5. Dividend – Meaning and Nature, power to pay dividend, mode of payments, Limitations

on payments.

6. Charitable and Political Contributions by Companies.

Unit – III

1. Meetings – Meaning and Scope shareholders

2. Democracy, Kind of Meetings, Statutory Meeting, Annual General Meeting, Extra-

Ordinary General meeting, Procedure and conduct of meeting – Notice; quorum, Voting

Resolutions and Minutes.

3. Directors – Concepts of directors and its evolution, Philosophy for the emergence of

Board of Directors, position and status of directors, kinds of directors, Appointment of

Directors and their retirement.

4. Directors – Qualifications, dis-qualifications, powers and duties including Fiduciary

obligations. Removal of Directors.

5. Managing – Director, whole-time director and Manager Appointment, Powers and

Functions, Managerial Remuneration; Statutory limits and restrictions.

6. Investigation and inspection – Powers of Central Government and Company Law Board.

Unit – IV :

1. Control – Share holders Control over the management. Government Control over

management.

2. Majority powers and Minority Rights, oppression and mismanagement.

3. Winding up and distribution – Meaning and scope, kinds of winding up – winding up by

court, Voluntary winding up, Winding up under the Supervision of the Courts.

4. Effects of Liquidation proceedings on the company and its organs, members, creditors

and workers.

5. Liquidator and official liquidator – postiion, powers and duties.

Books Recommended ( Relevant Portions )

1. Thomson, J.M. Palmer’s Company Law

2. Gower, L.C.B. Principles of Modern Company Law

3. Ramiya Guide to the Companies Act

4. Devadasan,B.D. & Devasan T.S.V. : Company Meeting and Resolution

5. Indian Law Institute Current Problems of Corporate Law.

6. Shah, S.M. Lectures on Company Law

7. Topham and Ivamy Company law

8. Ghosh, M.K. Indian Company law

9. Arya Company Directors

10 Sen, S.C. The New Frontier of Company Law

11 Sahgal, P.S. National and Multinationals Companies

12. Palmer’s Company Law

13. Pennigtan’s Company law

Optional Paper

Paper V : (b) Law of Contractual Transactions


Note : 1. Eight Questions shall be set with two questions from each unit. The candidates

shall be required to attempt four questions in all, selecting one question from each

unit.


Prescribed Course of Studies :

The students would be expected to be well conversant with the general principles of contract and

the law relating to specific contracts in India. They should also be well familiar with the evolution

of law, leading judicial decisions (English and India) with important comparative developments

elsewhere.

Unit – I :

1. Genesis and Philosophy of Contracts and its importance in a commercial developing

society.

2. Freedom of Contract, Nature and basis of Contractual obligation.

3. Formation of Contract – Agreement and Contract, Intention to create legal obligation,

Requirements of valid contract.

4. Proposal and Acceptance – Essential elements, communication and revocation, proposal

and invitation for proposal, Standing order, Tenders and Auction sale.

5. Standards Forms of Contract – Exclusion clauses and their effects.

6. Unilateral and bilateral contracts.

7. Capacity to Contract – Meaning and Scope, Contractual Capacity of minor, corporation,

Government, consequences of Minor’s Agreement and Estoppel, Ratification.

8. Contract by a person of unsound mind – Legal effects.

9. Other Legal disabilities

10. Free consent – Meaning and Scope ; Vitiating elements – Coercion, Fraud,

misrepresentation, undue influence and Mistake, Distinction between Fraud and

innocent misrepresentation, Coercion and Duress, Mistake of Law and Mistake of Fact,

Common, Mutual and Unilateral Mistake, Remedies available when agreement is

vitiated by mistake.

Unit – II :

1. Consideration - Nudum pactum – Its need, meaning and essential ; Adequacy of

Consideration, privity of contract and Consideration – its exceptions; past, Executed and

Executory consideration, Doctrine of Consideration and Promissory Estoppel;

Essentiality of consideration with exceptions.

2. Legality of objects and consideration – Unlawful consideration and objects; Void,

Voidable and unlawful Agreements and their effects, Concept of immoral and Public

Policy, Heads against public policy.

3. Void Agreements, Agreement in restraint of Marriage, Agreement in restraint of Trade,

Agreement in restraint of Legal Proceedings, Uncertain Agreement and Wagering

Agreements.

4. Contingent Contract – Meaning and scope, Reciprocal promises.

5. Discharge of Contract – Meaning and modes of discharge; performance and Tender –

Place and Time of performance, Time as essence of contract, performance of joint

promises.

6. Discharge by Agreement – Novation, Remission of performance, Accord and

Satisfaction.

7. Discharge by impossibility of performance and Frustration – Nature and scope of the

doctrine of Frustration, Specific ground of Frustration.

Unit – III :

1. Restitution.

2. Quasi – Contracts or certain Relation resembling those created by contract.

3. Breach of contract and remedies. Meaning of breach and Anticipatory breach; Damages

– Meaning and Nature, Kinds, Rule in Hadly V. Baxendable – Remoteness of Damage.

4. Contract of Indemnity – Definition and Nature, Distinction between Indemnity and

Guarantee, Rights of the Indemnity Holder.

5. Contract of Guarantee – Definition and Scope, specific and Continuing Guarantee,

Creditors Right against Principal Debtor and Surety, discharge of Surety, Surety’s Rights

against the principal debtor and Co-surety. Principal of Contribution by co-surety.

Unit – IV :

1. Bailment – Definition and Essential Features, Bailment for Reqard and Gratutous

Bailment, Right and duties of Bailor and Bailee.

2. Finder of lost goods – Rights and Duties of Finder; Rights and Liabilities of owner.

3. Pledge – Definition, Nature and Scope; Who can pledge, Rights and duties of pawnor

and pawnee.

4. Kinds of Agents – Factory, Brokers, Auctioneers, Del-Credere agents, etc.

5. Agency – Nature, Distinction from other transactions; Contractual basis of Agency.

6. Modes of Creation of Agency – Express, implied, Ratification by operation of Law.

7. Scope of Agent’s Authority, Rights and Liabilities of the Agent as against principal and

third party; Rights and Liabilities of principal and third party as against each other and

as against Agent.

8. Delegation by Agent – Sub Agent and Substituted Agent – Distinction and Legal Effects.

9. Termination of Agency, Modes of termination, Agency coupled with Interest.

Books Recommended :

1. Chaturvedi, A.N. Lectures on Indian Contract Act.

2. Cheshire and Fifoot The Law of Contract

3. Anson Principles of the English Law and of Contract

4. Chitty On Contracts Vol.I (General Principles).

5. Pollock and Mulla Indian Contract and Specific Relief

MASTER OF LAW

PART - II

Group – B : Business Law

Paper – I Law of Industrial and Intellectual Property 100 Marks (75 External + 25 Internal)

Paper – II Legal Regulation of Economic Enterprises 100 Marks (75 External + 25 Internal)

Paper – III Law of Export Import Regulations 100 Marks (75 External + 25 Internal)

Paper – IV Banking Law 100 Marks (75 External + 25 Internal)

Paper – V Insurance Law 100 Marks (75 External + 25 Internal)

Paper – VI Corporate Law 100 Marks (75 External + 25 Internal)

Paper – VII Practical 100 Marks

Group – B : Business Law

Paper – I Law of Industrial and Intellectual Property

Max. Marks: 100 (75 External + 25 Internal) Min. Marks: 40

Unit – 1 : IPR and International Perspectives : Trademarks and Consumers Protection (Study

of UNCTAD report on the subject) the Legal Regime of Unfair Trade Practices and of

Intellectual Industrial Property, United National approaches (UNCTAD, UNCITRAL)

EEC approaches, Position in U.S., The Indian situation, Special Problems of the Status

of Computer Software in Copyright and Patent Law : A Comparative Study.

Unit - 2 : Biotechnology Patents : Nature and types of biotechnology patents, Patent over new

forms of life : TRRIPS obligations, Plant Patenting, Sui generis protection for plant

varieties, Multinational Ownership, Regulation of environment and health hazards in

biotechnology patents: Indian policy and position, Patent Search, Examination and

Records : International and global patent information retrieval systems (European

Patent Treaty), Patent Cooperation Treaty (PCT), Differences in resources for patent

examination between developed and developing societies, The Indian situation.

Unit – 3 : Special Problems of Proof Infringement: Status of intellectual property in transit –

TRIPS obligation – Indian position, The evidentiary problems inaction of passing off,

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

Evidentiary problems in piracy : TRIPS obligation – reversal of burden of proof in

process patent, Need and Scope of Law Reforms.

Unit – 4 : Intellectual Property and Human Right : Freedom of Speech and expression as the

basis of the regime of intellectual property right-copyright protection of internet –

WCT (WIPO Copyright Treaty, 1996), Legal status of hazardous research protected

by the regime of intellectual property law, Human right of the impoverished masses

intellectual property protection of new product for healthcare and food security,

Traditional knowledge – protection-biodiversity convention right of indigenous

people.


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-I)(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 Lasw (1998),Carswell

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

7. Patent Copperation 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

Paper – II Legal Regulation of Economic Enterprises


Unit – 1 : The Rationale of Government Regulation : Constitutional perspectives, The new

economic policy – industrial policy resolutions, declarations and statements, The

place of public, small scale, cooperative, corporate, private and joint sectors in the

changing context, Regulation of economic activities, Disclosure of information,

Fairness in competition, Emphais on consumerism, Development and Regulation of

Industries; Take over of Management and Control of Industrial units, Sick

undertakings : Nationalization or winding up? Licensing Policy and Legal Process –

Growing Trends of Liberalization Deregulation of essential commodities :

developmental sign or a social mishap? Financial Services : Changing Techniques of

Regulation.

Unit – 2 : Critical Issues regarding the Capital Issues : Equity and debt finance, Global

depositories, De-materialized securities, Problems of Control and Accountability ;

Regulation of Hazardous Activity : Mass disaster and environmental dewgradation;

Legal liability and legal remedies, Public liability insurance; adequacy, Issues in

Zoning and location of industrial units.

Unit – 3 : Special Aspects of Legal Regulation of Select Public Enterprises: Telecom Regulatory

Authority, Insurance Regulatory Authority, Broadcasting Regulatory Authority.

Unit – 4 : Legal Regulation of Multi – Nationals : Collaboration agreements for technology

transfer, Development and regulation of foreign investments, Investment in India;

FDIs and NRIs, Investment abroad.

Selected Bibliography

1. S.Aswani Kumar : The Law lof Indian Trade4 Mark (2001), Commercial Law House,

Delhi

2. Industrial Policy Resolution 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 & A.Dhandba : Valiant Victims and Lethal Litigation: The Bhopal Case (1989)

8. Indian Law Institute, Law of International Trade Transaction (1973)

Paper – III Law of Export Import Regulations


Unit – I Introduction : State Control over import and export of goods from

rigidity to liberalization, Impact of regulation on economy The Basic

Needs of Export and Import Trade: Goods, Services, Transportation,

International Regime: WTO agreement, WTO and tariff restrictions,

WTO and non-tariff restrictions, Investment and transfer of technology, Quote

restriction and anti dumping, Permissible regulations, Quarantine regulation,

Dumping of discarded technology and goods in international market, Reduction of

subsides and counter measures

Unit – II General Law on Control of Imports and Exports : General scheme, Legislative control,

Power of control : Central government and RBI, Foreign Trade Development and

Regulation Act 1992, Restrictions under cutoms law, Prohibition and penalties-i

Export- Import formulation : Guiding features, Control Under FEMA, Foreign

Exchange and currency, Import of goods, Export promotion councils, Export oriented

units and export processing zones, Control of Exports: Quality control, Regulation on

goods, Conservation of foreign exchange, Foreign exchange management, Currency

transfer, Investment in foreign countries

Unit – III Exam Policy: Changing Dimensions : Investment Policy : NRIs, FIIs (Foreign

institutional investrors), FDIs, Joint venture, Promotion on

foreign trade, Agricultural products, Textile and cloths, Jewellery, Service Sector, Law

relating to Customs : Prohibition on importation

and exportation of goods, Control of smuggling activities in export-

import trade, Levy of, and exemption from, customs duties, Clearance

of imported goods and export goods, Conveyance and warehousing of

goods

Unit – IV Regulation on Investment: Borrowing and lending of money and foreign currency,

Securities abroad-issue of, Immovable property- purchase abroad, Establishment of

business outside, Issue of derivatives and foreign securities-GDR (Global depositories

receipts), ADR (American depository receipts and Uro, Investment in Indian banks,

Repatriation and surrender of foreign securities, Technology transfer: : Restrictive

terms in technology transfer agreements, Automatic approval schemes

SELECT BIBLIOGRAPHY

1. Government of India, Handbook of Import Export Procedures

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

3. Foreign Trade Development and Regulation Act 1992 and Rules Foreign

4. Exchange Management Act 1999

5. Customs Manual (Latest edition) Final Treaty of GATT, 1994

Paper – IV BANKING LAW


Unit 1 Introduction, Nature and development of banking, History of banking in

India and elsewhere indigenous banking evolution of banking in India-different kinds of

banks and their functions Multi-functional banks-growth and legal issues, Law relating to

Banking Companies in India: Controls by government and its agencies, On management, On

accounts and audit, Lending Credit policy, Reconstruction and reorganization, Suspension

and winding up, Contract between banker and customer: their rights and duties, Social

Control over Banking: Nationalization Evaluation : private ownership, nationalization and

disinvestments, Protection of depositors, Priority lending, Promotion of under privileged

classes

Unit 2 Deposit Insurance : The Deposit Insurance Corporation Act 1961 : object and reasons,

Establishment of capital of DIG, Registration of

banking companies insured banks, liability of DIC to depositors, Relations

between insured banks, DIC and Reserve Bank of India, The Central Bank : Evolution of

Central Bank, Characteristics and functions, Economic and

social objectives, The Central Bank and the State-as bankers' bank, The

Reserve Bank of India as the Central Bank Organizational structure, Functions of the RBI,

Regulation of monitory mechanism of the economy, Credit control, Exchange control

Monopoly of currency issue, Bank rate policy formulation, Control of RBI over non-banking

companies, Financial companies, Non-financial companies, Relationship of Banker and

Customer: Legal character, Contract banker and customer, Banker’s lien, Protection of

bankers, Customers, Nature and type of accounts, Special classes of customers-lunatics,

monor, partnership, corporations, local authorities, Banking duty of customers, Consumer

protection : banking service

Unit 3 Negotiable Instruments: Meaning and kinds, Transfer and negotiations,

Holder and holder in due course, Presentment and payment, Liabilities of

parties, Lending by Banks: Good lending principles. Lending to poor

masses, Securities for advance, Kinds and their merits and demerits, Repayment of loans:

rate of interest, protection against penalty, Default and recovery, Debt recovery tribunal

Unit 4 Recent Trends of Banking System in India : New technology Information technology,

Automation and legal aspects, Automatic teller machine and use of internet, Smart card,

Use of expert system, Credit cards, Reforms in Indian Banking Law, Recommendations of

Committees : a review

SELECT BIBLIOGRAPHY

Basu, A. : Review of Current Banking Theory and Practice

(1998) Mac Millan

M. Hapgood (ed) : Paget’s Law of Banking (1989) butterworths,

London R. Goode : Commercial Law, (1995)

Penguin, London

Ross Cranston : Principles of Banking Law (1997) Oxford

L.C. Goyle : The Law Banking and Bankers (1995) Eastern

M.L. Tannan : Tannan’s Banking Law and Practice in India

(1997), India Law House, New Delhi, 2 volumes

K.C. Shekhar : Banking Theory and Practice (1998), UBS

Publisher Distributors Ltd., New Delhi

M. Dasesse, S. Isaacs and G. Pen : E.G. Banking Law, (1994), Lloyds of I oinlon Press

London

V. Conti and Hamaui (eds.) : Financial Markets Liberalization and the Role of

Banks’, Cambridge University Press, Cambridge (1993)

J. Dermine (ed.) : European Banking in the 1990’s (1993) Blackwell,

Oxford

K. Subrahmanyan Banking Reforms in India (1997), Tata McGraw Hill, New Delhi

R.S. Narayana : The Recovery of Debts due to Banks and Financial

Institution Act, 1993 (51 of 1993), Asia Law House,

Hyderabad

M.A. Mir : The Law Relating to Bank Guarantee in India

(1992) Metropolitan Book, New Delhi

Mitra : The Law Relating to Bankers’ Letters of Credit and

Allied Laws (1998), University Book Agency,

Allahabad

Paper – V : INSURANCE LAW


Unit 1: Introduction : Nature of Insurance contract, various kinds of insurance, proposaj.

Policy, parties consideration, need for utmost good faith, insurable interest,

idemnity, Insurance policy, law of contract and law of torts - future of insurance :

need, importance and place of insurance, Constitutional prespectives-the Entries 24,

25, 29, 30, 47 of List 1Union List: 23,24 of List III, General Principles of Law of

Insurance: Definition, nature and history, The risk- commencement, attachment and

duration, Assignment and alteration, Settlement of claim and subrogation, Effect of

war upon politicies, Indian Insurance Law : General History and development, The

Insurance Act 1938 and the Insurance Regulatory Authority Act 2000, Mutual

Insurance companies and cooperative life insurance societies, Dobule insurance and

re-insurance, life Insurance: Nature and scope, Event insured against life insurance

contract, Circumstances affecting the risk, Amounts recoverable under life policy,

Persons entitled to payment, Settlement of claim and payment of money

Unit 2: Marine Insurance: Nature and Scope, Classification of marine policies, The Marine

Insurance Act, 1963, Marine Insurance, Insurable interest, insurable value, Marine

insurance policy-condition-express warranties construction of terms of policy,

Voyage deviation, Perils of the sea, Assignment of Policy, Partial laws of ship and of

freight, salvage, general average, particular charges, Return of premium

Unit 3: Insurance against Accidents : The Fatal Accidents Act, 1855, Objects and

reasons, Assessment of compensation, Contributory negligence, Apportionment of

compensation and liability, The Personal Injuries (Compensation insurance) Act

1963, Compensation payable under the Act, Compensation insurance scheme under

the Act-Compulsory insurance, Property Insurance: Fire Insurance, The Emergency

Risks (Factories) Insurance, The Emergency Risks (Goods) Insurance, Policies

covering risk of explosion, Policies covering accidental loss, damage to property,

Policies covering risk of storm and tempest, Glass-plate policies, Burglary and theft

policies, Live stock policies, Goods in transit insurance, Agricultural insurance

Unit 4 : Insurance against Third Party Risks: The Motor Vehicles Act, 1988, Nature and

Scope, Effect of Insolvency or death on claims of insolvency and death of parties,

certificate of insurance, Claims tribunal: Constitution, functions, application for

compensation, procedure powers and award, Liability Insurance : Nature and kinds

of such insurance, Public liability insurance, Professional negligence insurance,

Miscellaneous Insurance Schemes: New Dimensions: Group life insurance,

Mediclaim sickness insurance

SELECT BIBLIOGRAPHY

John Hanson and Christopals Henly : All Risks Property Insurance (1999), LLP Asia

Hongkong

Peter Mac Donald Eggers and Patric Foss : Good faith and Insurance Contracts

LLP Asia, Hongkong

Banjeree : Law of Insurance (1994), Asia Law House,

Hyderabad

Mtra, B.C. : Law Relating to Marine Insurance (1997)

Asia Law House, Hyderabad

Brids : Modern Insurance (1997), Sweet &

Maxwell International Labour Office, Administration

Practice of Social Insurance (1985)

E.R. Hardy Ivamy : General Principles of Insurance Law (1979)

Edwin, W. Patterson, cases and Materials on Law of Insurance (1955)

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

Paper – VI : CORPORATE FINANCE


Unit 1 : Introduction : Meaning, importance and scope of corporate finance,

Capital needs-capitalization-working capital-securities borrowings deposits

debentures, Objectives of corporate finance-profit maximization and wealth

maximization, Constitutional perspectives-the entires 37, 38, 43, 44, 45, 46, 47, 52,

82, 85 and 86 of List I-Union List; entry 24 of List 1 I-State List, Equity Finance:

Share Capital, Prospectus - information disclosure, Issue and allotment, Shares

without monetary consideration, Non-opting equity shares, Debt Finance :

Debenture, Nature, issue and class, Deposits and acceptance, Creation of charges,

Fixed and floating charges Mortgages, Convertible debentures

Unit 2 : Conservation of Corporate Finance : Regulation by Disclosure, Control on payment

of dividends, Managerial remuneration, Payment of commissions and brokerage,

Inter-corporate loans and investments. Pay-back of shares, Other corporate

spending, Protection of Creditors: Need for creditor protection, Preference in

Payment, Rights in making company decision affecting creditor interests, Creditor

Self- Protection, Incorporation of favourable terms in lending contracts, Right to

nominate directors, Control over corporate spending

Unit 3 : Protection of Investors : Individual share holder right, Corporate membership right,

Derivative actions, Qualified membership right, Conversion, consolidation and re-

organization of shares, Transfer and transmission of securities, Dematerializaton of

securities.

Unit 4 : Corporate Fund Raising : Depositories – IDR (Indian Depository Receipts), ADR

(American Depository Receipts), GDR (Global Depository Receipts), Public financing

institutions-IDBI, ICICI, IFC and SFC, Mutual Fund and other collective investment

schemes, Institutional investment-LIC, UTI and banks, FDI and NRI investment -

Foreign institutional investment (IMF and World bank), Administrative Regulation

on Corporate Finance : Inspection of accounts, SEBI, Central Government control,

Control by registrar of companies, RBI control

SELECT BIBLIOGRAPHY

Alastair Hundson : The Law on Financial Derivatives (1998), Sweet & Maxwell

Eil’s Ferran : Company Law and Corporate Finance (1999), Oxford Jonathan

Charkham : Fair Shares : The Future of Shareholder Power and

Responsibility (1999), Oxford

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

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

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

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

R.M. Goode : Legal Problems of Credit and Security (1988), Sweet and Maxewli

Altman and Subrahmanyan : Recent Advances in Corporate Finance (1985), LBC

Gilbert Harold Corporation Finance (1956)

Henry E. Hogland: Corporation Finance (1947)

Maryin M. Kristein: Corporation Finance (1975)

R.C. Osborn : Corporation Finance (1959)

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

V.G. Kulkarni : Corporate Finance : ( 1961)

Y.D. Kulsheshta : Government Regulation of Financial Management of Private Corporate Sector

in India (1986)

MASTER OF LAW

PART - II

Group – D : Constitution and Legal Order

Paper – I Mass Media Law 100 Marks

Paper – II Public Utilities Law 100 Marks

Paper – III Union-State Financial Relations 100 Marks

Paper – IV Constitutionalism : Pluralism and Federalism 100 Marks

Paper – V Human Rights 100 Marks

Paper – VI National Security, Public Order and Rule of law 100 Marks

Paper – VII Practical 100 Marks

(a) Doctrinal Research 25

(b) Non-Doctrinal Research 25

(c) Clinical Work 25

(d) Law Teaching 25

Paper – I : Mass Media Law


Unit 1 : Mass Media – Types of – Press Films, Radio Television

a. Ownership patterns – Press – Private – Public

b. Ownership patterns – Films –Private

c. Ownership patterns – Radio & Television, Public

d. Difference between visual and non-Visual Media- Impact on Peoples Minds.

Unit 2 : Press – Freedom of Speech and Expression Article 19(i)(A)

a. Includes Freedom of the Press

b. Laws of defamation, obscenity, blasphemy and sedition

c. The relating to employees wages and service conditions

d. Price and Page Schedule Regulation

e. Newsprint Control Order

f. Advertisement - Is it included within freedom of speech and expression?

Unit 3 : Films - How far included in freedom in or speech and expression?

a. Censorship of films – constitutionality

b. The Abbas Case

c. Difference between films and Press - Why pre- censorship valid for films but not for

the Press?

d. Censorship under the Cinematograph Act.

Unit 4: Radio and Television - Government monopoly.

a. Why Government department?

b. Should there be an autonomous corporation ?

c. Effect of television on people.

d. Report of the Chanda Committee.

e. Government policy.

f. Commercial advertisement

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

h. Radio and television subject to law of defamation and obscenity.


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(1972).

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

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

Press Commission" 26 J.I.L.I. (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)

Student should consult relevant volumes of the Annual Survey of Indian Law published by the India

Law Institute (Constitutional Law 1 & 11, Administrative Law and Public Interest Litigation.

Paper – II

Public Utility Law

Max. Marks : 100 Min. Marks : 40

Candidates are required to attempt four questions. Each Question carry equal marks.

Unit I : 1. Public Utilities

a. Railways, Electricity, Gas, Road Transport, Telephone, Post and Telegraph Service,

Police, Fire Brigade, Banking service etc.

b. Growth and evolution of Public utilities and their legislation

2. Public Utilities – Why Government Monopoly?

a. Administrative Authorities - Structure of the Administrative Authorities.

b. Subordinate Legislation.

Unit II : Utilities Legislation – Patterns of –

a. Administrative Authorities – Structure of the Administrative Authorities.

b. Subordinate Legislation.

2. Public Utilities and Fair Rearing

a. Quasi- Judicial Decision – Administrative Discretion.

Unit III : Public Utilities and Consumer Protection

a. Rights of consumers protected by the Consumer Protection Act

b. Rights Arising form Law of Contract and Law of Torts.

3. Public Utilities And their Employees

a. Application of Articles 16 and 311 ?

b. Application of Industrial Law – right to strike.

Unit IV: Public Utilities and Fundamental Rights

a. The right to equality :the airhostess case

b. Are Public utilities “State” for the purpose of article 12 of the Constitution?

c. Extension of the concept of State.

4. Liabilities and special privileges of public utilities

a. In Contract

b. In Tort

c. In Criminal Law


1. P.M.Bakshi, Television and the Law (1986)

2. Vasant Kelkar, "Business of Postal Service" 33, I.J.P.A pp. 133-141 (1987)

3. G. Ramesh, " Characteristic of Large Service Organisation in a Developing Country Like

India" 32 I.J.P.A 77 (1986).

4. Nalini Paranjpe, "Planning for Welfare in the Indian Railways" 31 I.J.P.A

5. Arvind K.Sharma " Semi-Autonomous Enterprise : Conceptual Portrait-Further Evidence

on the Theory of Autonomy" 33, I.J.P.A, p.99-113

6. S.P.Sathe, Administrative Law (1998)

7. Jain & Jain, Principles of Administrative Law (1986)

8. Jagdish Ul, Handbook of electricity Laws (1978)

9. Bhaumik, The Indian Railways Act (1981)

10. Law Commission of India, 38th Report : Indian

Post Office Act, 1898 (1968)

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

Institute (Constitutional Law 1 & 11, Administrative Law, Consumers Protection Law and Labour Law).

Paper – III

Union-State Financial Relations


Unit I : 1. Federalism – Essentials

a. Models of Federal Government – U.S.A Australia, Canada

b. Difference between Federation and Confederation

c. Evolution of federal government in India

2. Distribution of Legislative Power / Administrative Power

a. Indian Constitution

b. Centre-State relations

c. Factors responsible for subordination of States

d. Administrative relations

Unit II : 2. Distribution of Fiscal Power :

1. Distribution of Fiscal Power :

a. Scheme of Allocation of taxing power

b. Extent of Union power of taxation

c. Residuary power – inclusion of fiscal power

2. Restrictions of Fiscal Power

a. Fundamental Rights

b. Inter – Government tax immunities

c. Difference between tax and fee

3. Distribution of Tax Revenues

a. Tax-Sharing under the Constitution

b. Finance Commission – Specific purpose grants (Article 282)

4. Borrowing Power of the State

a. Borrowing by the Government of India

b. Borrowing by the States

Unit III: 1 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.

1. Planning & Financial Relations

a. Planning Commission

b. National Development Council

c. Plan Grants

Unit IV: 1. Co-operative Federalism

a. Full faith and credit

b. Inter-State Council

c. Zonal Councils

d. Inter-State disputes

2. Federal Government in India

a. Model of Jammu and Kashmir

b. Sarkaria Commission Report

c. What Reforms are Necessary ?

Selected Bibliography

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

2. Sudha Bha tnagar, 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 Vo1.9, 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 1 and 11, 99. IS -168

14. L.M.Singhvi (ed) , Union-State Relations in India 124-154(1969)

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. K.Subba Rao, The Indian Federation (1969)

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

Students should consult relevant volumes of the Annual Survey of Indian Law Published by the

Indian Law Institute (Constitutional Law II).

Paper – IV

Constitutionalism : Pluralism And Federalism


Unit I : 1. Constitutionalism

a. Authoritarianism – Dictatorship

b. Democracy –Communism

c. Limited Government-concept-Limitations on government

d. What is a Constitution ?

e. Development of a democratic government in England- Historical evolution of Constitutional

government.

f. Conventions of constitutionalism – law and conventions

g. Written Constitution : U.S.A., Canada, Australia and India.

h. Separation of powers : Montesquieu

i. Rule of Law : Concept and New Horizons

j. Fundamental Rights : Human Rights

k. Judicial Review : European Court of Human Rights

l. Human Rights : International Conventions

m. Limits & doctrine of domestic jurisdiction in international law

Unit II :2. Federalism

a. What is a federal government?

b. Difference between confederation and federation

c. Conditions requisite for federalism

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

e. Judicial review - for federal umpiring

f. New trends in federalism : Co-operative federalism

g. India - Central Control v. State Autonomy

h. Political factors influencing federalism

i. Plural aspects of Indian Federalism: Jammu & Kashmir, Punjab, Assam. Dynamic of federalism.

Unit III: 3 Pluralism

a. What is a pluralistic society?

b. Ethnic, linguistic, cultural, political pluralism

c. Individual rights - right to dissent

d. Freedom of speech and expression

e. Freedom of the press

f. Freedom of association

g. Rights to separateness

h. Freedom of religion

i. Rights of the religions and linguistic minorities

j. Compensatory discrimination for backward classes

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

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

Law.

4. Uniform Civil Code

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

laws vertical federalism.

Unit IV : 1. 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

3. Pluralism and International Concerns

a. International Declaration of Human Rights

b. Conventions against genocide

c. Protection of religious, ethnic and linguistic minorities

d. State Intervention for protection of human rights

e. Right of self-determination.


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.1. 299 /1986)

4. M.A.Fazal" Drafting A British Bill of Rights" 27 J.I.L.1. 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.Seervi, Constitutional Law of India (1993), Tripathi, Bombay

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

the Indian Law Institute.

Paper – V

Human Rights


Unit I : 1. Panoramic View of Human Rights

a. Human Rights in Non-western Thought

b. Awareness of Human rights during the nationalist movement

c. Universal Declaration of Human Rights, Constituent Assembly and Part-III, drafting

process.

d. 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).

2. Fundamental Rights Jurisprudence as Incorporating Directive Principles

a. The dichotomy of Fundamental Rights (F.R.) and Directive Principles (D.P.)

b. The Interaction between F.R. and D.P.

c. Resultant expansion of basic needs oriented human rights in India.

Unit II : 3. Right not be Subject to Torture, Inhuman or Cruel Treatment

a. Conceptions of torture, third-degree methods

b. "Justifications" for it

c. Outlawry of torture at international and constitutional law level

d. Incidence of torture in India

e. Judicial attitude

f. Law Reform-proposed and pending

4. Minority Rights

a. Conception of minorities

b. Scope of protection

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

d. Communal Riots as Involving violation of Rights.

Unit III : 5. Rights to development of Individuals and Nations

a. The UN Declaration on Right to Development. 1987

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

5. 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.

Unit IV : 7.Freedom

a. Free Press - its role in protecting human rights

b. Right of association

c. Right to due process of law

d. Access and Distributive Justice

6. Independence of the Judiciary

a. Role of the Legal Profession

b. Judicial appointments - tenure of judges

c. Qualifications of judges

d. Separation of Judiciary from executive.

Selected bibliography :

1. M.K.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 (l976)

8. H.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.Jhera, 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. I.Menon (ed) Human Rights in International Law (1985)

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

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

International Law 279( 1978)

Paper – VI

National Security, Public Order, And Rule of Law


Unit I : 1. National Security, Public Orders and Rule of Law

a. Emergency Detention in England – Civil Liberties

b. Subjective satisfaction or objective assessment?

c. Pre-Independence Law

2. Preventive Detention and Indian Constitution

a. Article 22 of the Constitution

b. Preventive Detention and Safeguards

c. Declaration of Emergencies

d. 1962, 1965 and 1970 Emergencies

e. 1975 Emergency

Unit II : 3. Exceptional Legislation

a. COFEPOSA and other legislation to curb economic fenders

b. NSA “the draconian law" -comments of NHRC

c. Special courts and tribunals

d. Due process and special legislation

Unit III:4. Civil Liberties and Emergency

a. Article 19

b. Meaning of "Security of State"

c. Meaning of "Public Order"

d. Suspension of Article 19 rights on declaration of emergency

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

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

g. Suspendability - 44th amendment

Unit IV : 5. Access to Courts and Emergency

a. Article 359: ups and downs of judicial review

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

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

6. Martial Law

a. Provision in English Law

b. Provisions in the Constitution

Selected bibliography :

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

2. V H.M.SeeIVai, 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.ChatteIji and Parmeshwar Rao, Emergency and the law (1966).

master of law part - i - mohanlal sukhadia university

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