SYLLABUS OF

LL.M.
PROGRAMME
as PRECRIBED
BY THE
UNIVERSITY
OF MUMBAI

NOTE: Subject to change

(In case of doubt, refer University of Mumbai
Department of Law Handbook of Information
LL.M.2023-2024)
Rules of Admission:

O.5231. There shall be Entrance Examination for all students seeking

LL.M. admission in the Department. The minimum qualification for a
candidate of general category making an application for admission to the
LL.M degree course is a LL.B. degree of this University or a degree
recognized as equivalent thereto. Candidates belonging to reserved
category may make an application to the LL.M degree course with a pass
class.

N.B.: —
The students who have passed LL.B. degree from other than Mumbai
University are required to obtain Provisional Statement of Eligibility
Certificate from Eligibility Section, Dr. Babasaheb Ambedkar Bhavan,
Santacruz (E.),Vidyanagari, Mumbai–400098.They are further required to
pay the amount in the Department of Law as a fee for procedural
Document Verification as prescribed by this University from time to time
for confirmation of the validity of their certificates of their previous
University and confirmation of Eligibility to their LL.M. Course.

O.5232. An application for admission to the LL.M degree course must be

made in the prescribed form and be submitted to the Department of Law
within the prescribed time, immediately after the declaration of the results
of the LL.B. degree examination of this University held in first half of
every year.

O.5233. Admission forms for the LL.M. degree course shall be referred to
the Admission Committee comprising of the Head, University Department
of Law and the recognized Post-graduate teachers of the University to fix
the criteria of admission.

O.5234. The students selected for admission to LL.M. degree course shall
register themselves with University of Mumbai as the Post-graduate

1
students.

O.5235.Students will not be permitted to pursue the LL.M. degree course

simultaneously with any other course of this or any other recognized
University.

O.5236. Admission of the students shall be made in accordance with the

merits at the LL.M Entrance exam and marks secured at LL. B degree.

O.5237. Admission to the LL.M. degree course shall be made for the
entire academic year, i.e. for both the First and Second Semesters at the
beginning of the academic year at one time.

O.5238. A Candidate for being eligible for the Second Semester must have
successfully kept terms for the First Semester, irrespective of the result of
the First Semester Examination.

O.5239. A candidate for being eligible for admission to the Third and
Fourth Semester must have either passed in the First and Second Semesters
or must have got exemption in atleast six papers of the First and Second
Semesters. Student who remains absent or fail in the Third Semester
Practical Examination is required to pay only examination fees to become
eligible to appear for Practical Examination.

O.5240. Unless students pass all the Theory papers and Practical paper of
third Semester examinations and dissertation of the Fourth Semester, their
final result shall not be declared.

O.5241 Admission for the students of Backward Classes shall be in

accordance with the Government Policy. Students applying for admission
under the reserved category other than SC/ST are required to submit non
creamylayer certificate along with their application form. Students
applying for admission for other reservation will be admitted as per the
government policy from time to time.

N.B.: —Students are required to submit all the documents required for
Scholarship / Freeship within one month of their admission to the course
failing which their application for Scholarship / Freeship will be rejected
2
without any intimation.

R.4356.The LL.M. course shall consist of Foundation course of 4 papers

and any one optional Group of 6 papers from Six Groups.

R.4357. The First Semester shall be of two Foundation Papers and two
Papers of an Optional Group. Each Paper shall be of 100 Marks. (4credits)

R.4358. The Second Semester shall be of two Foundation Papers and the
next two Papers of Optional Group opted by the student in the First
Semester. Each Paper shall be of 100 Marks(4credits)

R.4359.The third semester shall be last two papers of optional group. Each
paper shall be of 100 Marks. (4 credits each).

In addition there shall be practical examination of 100 marks (Four

Credits) as under:

1. Classroom Teaching & Seminar – 40 marks (20 marks each)

2. Choice of Practical Components comprising of 50 marks to

the students from the following Component.

3. 10 marks attendance

Choice of Practical Component:

(a) Legal Aid

(b) Loopholes / Lacunae in existing laws and reports

(c) Comparative study and its utility in context of India

(d) Debate on any contemporary legal issue

(e) Book Review / Group Discussion on current Legal Affairs

(f) Surprise Written Test

(g) Case Comments.

R.4360. Revised; The Fourth Semester shall be of Dissertation of 80

marks and Viva-presentation of 20 marks (4 credits). For the balance 100
marks the students would have choice to select the topic for project from
the topics listed in the syllabus of the group opted which will have
3
interdisciplinary approach. Out of 100marks (4credits), 50 marks (2
Credits) would be for project and 50 marks (2 credits) for viva –
presentation.

R.4361.
(a) Passing Standards:

1. 50% to 59% Second Class

2. 60% and above First Class

(b) No LL.M. student shall be allowed to appear for the examination unless
he/she has attended 75% of the total number of lectures and seminars
conducted in each Semester

(c) No Class will be awarded to the students in the First, Second and Third
Semester examination.

(d) The Class will be awarded on the basis of the total performance of the
student in all the four Semesters. However, a student claiming exemption
will be titled to pass class only

(e) To pass LL.M. examination, a student must obtain a minimum of 45

percent of the marks in each paper and 50 percent in aggregate in each of
the Semester.

(f) Dissertation shall be evaluated by a team of teacher of the concerned

group and external expert nominated by the Head of the Department. The
awarded after joint consultation by both the evaluators.

(g) A student may be exempted at his choice from appearing in any of the
papers, if he has secured at least 50%of the total marks in that paper.

(h) Students failing in Dissertation/Project and Viva Examination in the

Fourth shall Semester shall undergo again the Dissertation and Viva as the
case may be. The final approved dissertation be submitted on CD in
addition to two hard copies. The same procedure shall apply to failure in
Choice based credits.

(i) The medium of course is English only.

4
Note 1: All research projects, dissertations &other research
assignments are required to be in accordance with the circular of the
University of Mumbai dated 15thJune 2018, no. Exam.
/Thesis/Uni/VCD/947 of 2018 and University Grants Commission
(Promotion of Academic Integrity & Prevention of Plagiarism in
Higher Educational Institutions) Regulation 2018.

LL.M. PROGRAMME -OBJECTIVE

 To develop research skills among students

 To ensure specialized knowledge in the field of Law

 To encourage students to pursue further research education in

the field of Law

 To motivate students to pursue their career in teaching

profession

LL.M. PROGRAMME -OUTCOME

 This programme enables students,

To acquire specialized knowledge in the respective domains of

Legal studies and practice.

 To pursue their further education across the globe.

 To become Legal luminaries, practitioners, officers and Judges.

 To join the noble profession of teaching in Law

5
 SYLLABUS
a. Foundation Papers
1. Law and Social Transformation in India
2. Indian Constitutional Law: New Challenges
3. Judicial Process
4. Legal Education and Research Methodology
b. Optional Groups (any one)
1. Constitutional and Administrative law
2. Business Law
3. Intellectual Property and Information Technology
4. Criminal Law and Criminal Administration
c. Dissertation and Choice Based Project work

FOUNDATION PAPER I — LAW AND SOCIAL TRANSFORMATION IN INDIA (4

CREDITS)

OBJECTIVE

 Optimal utilization of knowledge of Jurisprudence towards the society.

 To study the social problems of society and find their solution.

 To have a legally tenable approach towards social problems.

OUTCOME

 This course enables students:

 To raise legal and social awareness.

 To make suggestions to the law makers for enacting the law accordingly.

 To make suggestions regarding Implementation of the laws through appropriate

mechanism.

6
Module – I (1 Credit)
1. Law and Social Change
Law as an instrument of social change.
Law as the product of traditions and culture. Criticism and evaluation in the light of
colonization and the introduction of common law system and institutions in India and
its impact on further, development of law and legal institutions in India.

2. Religion and the Law

Religion as a divisive factor.
Secularism as a solution to the problem.
Reform of the law on secular lines: Problems.
Freedom of religion and non-discrimination on the basis of religion.
Religious minorities and the law.

Module – II (1 Credit)
3. Language and the Law
Language as a divisive factor: Formation of linguistic states.
Constitutional guarantees to linguistic minorities.
Language policy and the Constitution Official language; multi-language system.
Non-discrimination on the ground of language

4. Community and the law

Caste as a divisive factor.
Non-discrimination on the ground of caste.
Acceptance of caste as a factor to undo past injustices.
Protective discrimination; Scheduled castes, tribes and backward classes.
Reservation; Statutory Commissions, Statutory provisions.

7
Module – III (1 Credit)
5. Women and the Law
Crimes against women.
Gender injustice and its various forms.
Women’s Commission.
Empowerment of women: Constitutional and other legal provisions.
6. Children and the Law
Child labour.
Sexual exploitation.
Adoption and related problems.
Children and education

Module – IV (1 Credit)
7. Modernization and the Law
Modernisation as a value: Constitutional perspectives reflected in the fundamental
duties.
Modernisation of social institutions through law.
Reform of family law.
Agrarian reform – Industrialisation of agriculture.
Industrial reform: Free enterprise v. State regulation – Industrialisation v.
environmental protection.
Reform of court processes.
Criminal law: Plea bargaining; compounding and payment of compensation to victims
Civil Law; (ADR) Confrontation v. consensus; mediation and conciliation; Lokadalats.
Prison reforms.
Democratic decentralization and local self-government.
8. Alternative approaches to law
Naxalite movement causes and cures.

References
Agnes Flavia, Law and Gender Inequality: The Politics of Women‘s Rights in India (1999),
8
 Oxford
Duncan Derret, The State, Religion and Law in India (1999), Oxford University
Press, New Delhi.
D.D. Basu, Shorter Constitution of India (1996), Prentice Hall of India
(P) Ltd., New Delhi.
H.M. Seervai, Constitutional Law of India (1996), Tripathi.
J.B. Kripalani, Gandhi: His Life and Thought, (1970) Ministry of Information
and Broadcasting, Government of India.
Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)
M.P. Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.
Marc Galanter (ed.), Law and Society in Modern India (1997) Oxford.
Robert Lingat, The Classical Law of India (1998), Oxford. Manushi, A Journal
About Women and Society.
Sunil Deshta and KiranDeshta, Law and Menace of Child Labour (2000) Armol
Publications, Delhi.
Savitri Gunasekhare, Children, Law and Justice (1997), Sage Indian
U. Baxi, The Crisis of the Indian Legal System (1982), Vikas, New Delhi.
U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi, Bombay

FOUNDATION PAPER II— INDIAN CONSTITUTIONAL LAW: NEW

CHALLENGES (4 Credits)

OBJECTIVES
 To give an insight of the Constitutional Law.
 To have an astute understanding about the comparative study of Constitutional Law.
 To provide rights and remedies under the Constitution.

OUTCOME

This course enables students:

 To analyze the new challenges faced under Constitutional law.
9
  To implement the constitutional laws through measures available with the judiciary.
 To bring about Constitutional reforms.

Module – I (1 Credit)
1. Federalism
Creation of new states.
Allocation and share of resources – distribution of grants in aid.
The inter-state disputes on resources
Centre’s responsibility and internal. disturbance within State.
Directions of the Centre to the State under Article 356 and 36.5
Federal Comity: Relationship of trust and faith between Centre and State.
Special status of certain States.
Tribal Areas, Scheduled Areas.
2. “State”: Need for widening the definition in the wake of Liberalization.

Module – II (1 Credit)
3. Right to equality: privatization and its impact on affirmative action.
4. Empowerment of Women.
5. Freedom of press and challenges of new scientific development.
Freedom of speech and right to broadcast and telecast. Right to strikes, hartal and bandh

Module – III (1 Credit)

6. Emerging regime of new rights and remedies
Fundamental Rights Directive Principles and Fundamental Duties.
Compensation jurisprudence.
Right to education.
Commercialization of education and its impact.
Brain drain by foreign education market.

7. Rights of minorities to establish and administer educational institutions and

state control

10
 8. Secularism and religious fanaticism.

Module – IV (1 Credit)
9. Separation of powers: stresses and strain.
Judicial Activism and judicial Restraint.
PIL: implementation.
Judicial independence.
Appointment, transfer and removal of judges.
Accountability: executive and judiciary.
Tribunals

10. Democratic process

Nexus of politics with criminals and the business.
Election commission: status.
Electoral Reforms.
Coalition government, ‘stability, durability corrupt practice’.
Grass root democracy.

References
 Indian Constitutional Law: New Challenges (Paperback, Shyamlal Verma), India
Publishing Company, 2018.
 Constitutional Law- New Challenges (English, Paperback, GP Tripathi), Publisher:
Central Law Publications ISBN: 9789386456793, 9386456796, Edition: 2, 2018.
 Universal's Landmark Judgments Covering More than 100 Leading Cases of India,
12th Edition 2017 - Including Prescribed Cases for Supreme Court Advocate-On-
Records Examination (English, Paperback, Universal's), Publisher: Universal Law
Publishing, ISBN: 9788131252529, 8131252523, Edition: Twelfth Edition, 2017

FOUNDATION PAPER III - JUDICIAL PROCESS (4 Credits)

OBJECTIVE
 To impart knowledge about significance of law and justice in the society.

11
  To educate students about judicial activism and bring about creativity.
 To provide Guidelines to legislature to adopt significant legislative changes.

OUTCOME

This course enables students

 To develop acquaintance with various theories of justice.
 To acquire skill of judgment writing.
 To efficiently use of various rules of Interpretation of statutes in dealing with the cases.
Module – I (1 Credit)
1. Nature of judicial process
Judicial process as an instrument of social ordering.
Judicial process and creativity in law –common law model – Legal Reasoning and
growth of law – change and stability.
The tools and techniques of judicial creativity and precedent.
Legal development and creativity through legal reasoning under statutory and
codified systems.

Module – II (1 Credit)
2. Special Dimensions of Judicial Process in Constitutional Adjudications
Notions of judicial review.
‘Role’ in constitutional adjudication – various theories of review.
Tools and techniques in policymaking and creativity in constitutional adjudication.
Varieties of judicial activism.
Problems of accountability and judicial law making.

Module – III (1 Credit)

3. Judicial Process in India
Indian debate on the role of judges and on the notion of judicial review.
The ‘independence’ of judiciary and the ‘political’ nature of judicial process.
Judicial activism and creativity of the Supreme Court – the tools and techniques

12
 of creativity.
Judicial process in pursuit of constitutional goals and values – new dimensions of
judicial activism and structural challenges.
Institutional liability of courts and judicial activism–scope and limits.

Module – IV (1 Credit)
4. The Concept of Justice
The Concept of justice or Dharma in Indian thought.
Dharma as the foundation of legal ordering in.
Indian thought.
The concept and various theories of justice in the western thought.
Various theoretical bases of justice: the liberal contractual tradition, the liberal utilitarian
tradition and the liberal moral tradition.
5. Relation between Law and Justice
Equivalence Theories – Justice as nothing more than the positive law of the stronger
class.
Dependency theories – For its realization justice depends on law, but justice is not the
same as law.
The independence of justice theories – means to end relationship of law and justice –
The relationship in the context of the Indian constitutional ordering.
Analysis of selected cases of the Supreme Court where the judicial process can be
seen as influenced by theories of justice.

References

Bodenheimer, Jurisprudence – the Philosophy and Method of the Law

(1997), Universal, Delhi.
Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi.
Henry J. Abraham, The Judicial Process (1998), Oxford.
Edward H. Levi, An introduction to Legal Reasoning (1970), University of
Chicago.

13
 Julius Store, The Province and Function of Law. Part II, Chs. 1.8-16
(2000), Universal, New Delhi.
J. Stone, Precedent and the Law: Dynamics of Common Law Growth
(1985) Butterworth
J. Stone, Legal System and Lawyers‘ Reasonings (1999),Universal, Delhi. John
Rawls, A Theory of Justice (2000), Universal, Delhi.
Rajeev Dhavan, The Supreme Court of India – A SocioLegal Critique of its
Juristic Techniques (1977), Tripathi, Bombay.
U. Baxi, The Indian Supreme Court and Politics (1980), Eastern, Lucknow.
W. Freidmann, Legal Theory (1960), Stevens, London.

FOUNDATION PAPER IV – LEGAL EDUCATION AND RESEARCH

METHODOLOGY (4 Credits)
OBJECTIVE

 To inculcate values of Research and Ethical Research in the domain of Legal studies

 To motivate students to pursue research in the field of Law.

 To encourage students to undertake Socio-legal research projects.

OUTCOME
This course enables students

 To pursue further research either from India and Abroad in the fields of Law.

 To use of ICT techniques in pursuing research in Law.

 To develop Interdisciplinary approach of pursuing research in Law.

Module – I (1 Credit)
1. Objective of Legal Education
2. Methods of Teaching – Merits and demerits
3. Examination reforms

Module – II (1 Credit)
14
 4. Clinical Legal Education – Legal aid, Legal Literacy, Legal survey and Law
reform.

Module – III (1 Credit)

5. Research Methods
Socio Legal Research.
Doctrinal and non-doctrinal.
Induction and deduction.
6. Identification of Research Problem and formulation of Hypothesis
Research problem.
Survey of available literature and bibliographical research.
Legislative materials including subordinate legislation, notification and policy
statements.

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.

Juristic writings - a survey of juristic literature relevant to select problems in

India and foreign periodicals.

Compilation of list of reports or special studies conducted relevant to the

problem.

Module – IV (1 Credit)
7. Preparation of the Research Design
Devising tools and techniques for collection of data: Methodology.
Methods for the collection of statutory and case materials and juristic literature.

Use of historical and comparative research materials.

Use of observation studies.

Use of questionnaires/interview.
15
 Use of case studies
Sampling procedures – design of sample, types of sampling to be adopted.
Use of scaling techniques.
Computerized Research – A study of legal research programmes such as Lexis and
West law coding etc.
Classification and tabulation of data – use of cards for data collection – Rules for tabulation,
Explanation of tabulated data.
Analysis of data.

References

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

H.M. Hyman, Interviewing in Social Research (1965)
Payne, The Art of Asking Questions (1965)
High Brayal, Nigel Dunean and Richard Crimes, Clinical legal Education: Active
learning in your law school, (1998) Blackstone Press Limited, London.
M.O. Price, H. Bitner and Bysiewiez, Effective Legal Research, (1978).
Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.
Havard Law Review Association, Uniform System of Citations. ILI Publication,
Legal Research and Methodology.
N.R. Madhava Menon, (ed) A handbook of Clinical Legal Education, (1998)
Eastern Book Company, Lucknow.
Pauline V. Young, Scientific Social Survey and Research, (1962)
S.K. Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay
William J.Gradeand Paul K.Hatt, Method sin Social Research, McGraw- Hill
Book Company, London.

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 OPTIONAL GROUPS

GROUP-I – CONSTITUTIONAL AND ADMINISTRATIVE LAW

PAPER I – CONSTITUTIONALISM: PLURALISM AND FEDERALISM (4 Credits)

OBJECTIVE
 To impart legal knowledge about the philosophical growth and development of Constitution of
India.
 In depth analysis of Federal Governance in India
 Comparative analysis of Pluralism and Constitution
 Jurisprudence
OUTCOME

After completion of this paper students will be in position to

 Know Constitution Philosophy and Practice in India
 Analyse Constitutional basic Structure
 Carry out comparative studies of Constitutional Provisions in U.S.A & Australia, Canada

Module – I (1 Credit)

1. Constitutionalism:
Authoritarianism – Dictatorship Democracy – Communism.
Limited Government – Concept – Limitations on government power.
What is a Constitution?
Development of a democratic government England – Historical evolution of constitutional
government.
Conventions of constitutionalism
Written Constitutions: U.S.A., Canada, Australia, Sweden, South Africa and India.
Separation of powers: Montesquieu. Rule of Law: Concept and new horizons Marxist concept
of Constitutionalism Dictatorship of the proletariat.
Communist State from Stalin to Gorbachov. Fundamental Rights:
Human rights
Judicial Review: European Court of Human Rights. Human
Rights: International conventions.
Limits & doctrine of domestic jurisdiction in International Law.

17
 2. Federalism:
What is a federal government?
Difference between confederation and federation. Conditions requisite for federalism.
Patterns of federal government – U.S.A., Australia, Canada, India.
Judicial review – for federal umpiring
New trends in federalism: Co-Operative federalism India –
Central Control v. State Autonomy
Political factors influencing federalism
Plural aspects of Indian Federalism: Jammu & Kashmir, Punjab, Assam.
Dynamic of federalism.

Module – II (1 Credit)

3. Pluralism:
What is a pluralistic society?
Ethnic. Linguistic, cultural, political pluralism
Individual rights – right to dissent
Freedom of speech and expression
Freedom of the press
Freedom of association
Rights to separateness
Freedom of religion
Rights of the religious and linguistic minorities
Compensatory discrimination for backward classes
Women – right to equality and right to special protection
Scheduled Tribes, Distinct Identity – protection against exploitation – NSIS – Exclusion from
Hindu Law

Module – III (1 Credit)

4. Uniform Civil Code:

Non-State law (NSLS) and State Law Systems–Problems of
Uniform Code v personal laws – vertical federalism.

5. Equality in Plural Society:

Right to equality and reasonable classification
Prohibition of discrimination on ground of religion, caste, sex, language.
Abolition of untouchability
Secularism–constitutional principles
18
 Tribal Groups and Equality

Module – IV (1 Credit)

6. Pluralism and International Concerns:

Universal Declaration of Human Rights
Conventions against genocide
Protection of religious, ethnic and linguistic minorities
State intervention for protection of human rights
Right of self-determination

References: —
H.M. Seervai, 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.
Judicial Law Making and the Place of the Directive Principles in the Indian
Constitution,‖ J.I.L.I. 198 (1985)
M.A. Fazal ―Drafting A British Bill of Rights‖ 27 J.I.L.I. 423 (1985)
M.P. Jain Indian Constitutional Law (1994), Wadhwa Jagat Narain― Rhett
Ludwikowski, ―Judicial Review in the socialist Legal Systems : Current
Development‖ 37 I.C.L.D.89-108 (1988)
Upendra Baxi, ―Law, Democracy and Human Rights‖ - 5, Lokayan
Bulletin 4 (1987)
V.M. Dandekar ―Unitary Elements in a Federal Constitution‖ 22
E.P.W. 1865 (1988)

PAPER-II- NATIONAL SECURITY, PUBLIC ORDER, AND RULE OF LAW (4 Credits)

OBJECTIVE
 In depth understanding about Rule of Law in the context of the Indian Constitution
 Analysis of Preventive Detention Laws in the light of Constitutional Jurisprudence
 Critical Appraisal of National Security of Public order in India

OUTCOME
After completion of this paper students will be in position to
 know various detention laws such as COFEPOSA and laws relating to economics offences
 Carry out critical analysis of Human Rights issues of detenues in the light of Constitutional
19
 Provisions
 Perform in depth analysis of detention Laws

Module – I (1 Credit)

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

Emergency Detention in England
Civil Liberties Subjective satisfaction or objective assessment?
Pre-Independence law
2. Preventive Detention and Indian Constitution:
Article 22 of the Constitution
Preventive Detention and Safeguards
Declaration of Emergencies 1962, 1965 and 1970 Emergencies, 1975 Emergency
Module – II (1 Credit)
3. Exceptional Legislation:
COFEPOSA and other legislation to curb economic offenders
TADA: ―The draconian Law‖- comments of NHRC Special courts and tribunals
Due process and special legislation
4. Civil Liberties and Emergency:
Article 19
Meaning of ―Security of State‖
Meaning of ―Public Order‖
Suspension of Article 19: rights on declaration of emergency
President‘s Right to suspend right to move any court
Article 21 – special importance- its non-suspendability -44th Amendment

Module – III (1 Credit)

5. Access to Courts and Emergency:
Article 359: Ups and downs of judicial review
Constitution (Forty-fourth), Amendment Act, 1978
Constitution (Fifty-ninth) Amendment Act,1988
6. Martial Law:
Provisions in English Law
Provisions in the Constitution

Module – IV (1 Credit)
7. Human Rights in India:
Constitutional Philosophy
20
 Human Rights of Disadvantaged Groups – Women, Children, Dalits, Unorganized Labour
and Minorities.
Police, Prison and Human Rights
Judicial Activism.
References: —
G.O. Koppell ―The Emergency, The Courts and Indian Democracy‖ 8 J.I.L.I.
287(1966)
H.M. Seervai, The Emergency, Future Safeguards and the habeas Corpus
: A Criticism (1978)
International Commission of Jurists, Status of Emergency and Human Rights
(1984)
N.C. Chatterji and Parameshwar Rao, Emergency and the Law (1966)

PAPER III—COMPARATIVE CONSTITUTIONAL LAW (4 Credits)

OBJECTIVE
 To impart knowledge about comparative constitution
 Provisions of selected Countries like, UK, USA, Switzerland, Ireland, with regard to the
form of Governance
 Comparative studies of Constitutional Amendments of Countries like UK, USA and India
 In depth study of Affirmative Actions in India and United States
 In depth studies of some landmark judgement of foreign countries.

OUTCOME
This course enables students
 To develop global competence amongst students with regard to constitutional jurisprudence
 To gain knowledge and in depth understanding about civil rights and liberties in India, USA
and Canada.
 To pursue further research with other foreign countries with regard to constitutional
philosophy
 To understand and know the judicial interpretation and procedures of judiciary of different
countries.

Module – I (1 Credit)
1. Constitutionalism, Classification of Constitutions
2. Conventions in Constitutional Law.
3. Parliamentary and Presidential Democracy.
21
Module – II (1 Credit)
4. Comparative Study of the fundamentals of the Constitutions of India, USA, UK,
Switzerland, Ireland, Germany and Canada.
5. Comparative Study of Federalism in India, USA, Switzerland, Ireland, Germany, Canada.

Module – III (1 Credit)

6. Comparative Study of Amending Processes of the Constitutions in the USA, India and
Switzerland.
7. Comparative Study of Judiciary in India, UK, USA and Switzerland.

Module – IV (1 Credit)
8. Civil Liberties in India, UK, USA
9. Affirmative Actions in India and United States.

References: —
Bryce James,‖ Modern Democracies.‖ McMillian & Co.,1923.
Basu D.D., ―Select Constitutions of the World,‖ Sarkar, Calcutta, 1990.
Basu D.D., ―Comparative Federalism‖, PHI. 1987.
Cooley, ―Constitution of the U.S.A.‖1973.
Dicey A.V., ―Law of the Constitution‖
Friedrick Karl, ―Constitutional Government and Democracy‖, Oxford, 1966.
Franle, ―Comparative Constitutional Process.‖
Finer, Comparative Governments, Penguin, 1970.
Hood Philips, ―Constitutional and Administrative Law‖, Sweet &Maxwell,
London, 1987.
Hughes, ―Federal Constitution of Switzerland‖, Oxford.
Jeferry Jowell and Dawn Oliver, ―The Changing Constitution‖.
Jenning Ivor, ―Law and the Constitution‖, 1971.
Raman Sunder, ―Amending Power under the Constitution of India, Eastern,
1990.
Sawer, ―Modern Federalism‖.1969.
Wheare K.C., ―Federal Government‖, Oxford, 1963
Walter Begchot, ―English Constitution,‖ Oxford.
Wade, ―Public Law in Britain and India,‖ N.M. Tripathi, 1992.
Wheare K.C., ―Modern Constitutions‖, Oxford, 1966.
Wade & Bradley, ―Constitutional Law‖, Longman, 1985.
22
PAPER IV— ADMINISTRATIVE PROCESS: NATURE AND SCOPE (4 Credits)

OBJECTIVE
 To impart the knowledge of Administrative Laws jurisprudence in context to Indian
Constitution
 In depth analysis about administrative procedure such as ordinance making process in India
 In depth studies about Doctrine of separation of power, delegated legislation, checks and
balances over administrative action

OUTCOME
This course enables students:
 To pursue competitive exams like UPSC, MPSC
 To develop an understanding Comparative Administrative Law – India, USA, UK, France,
and Germany
Module – I (1 Credit)
1. Administrative Process:
Nature and meaning
The role of civil service
The role of administrative agencies
2. Administrative Process : Regulation to De-regulation and Control to Decontrol-
Globalization and Liberalization:
Constitutional standards
Comparative aspects

Module – II (1 Credit)
3. Rule of Law:
Changing dimensions
Regulation of administrative process
4. Separation of Powers: From Rigidity to Flexibility.

Module – III (1 Credit)

5. Delegated Legislation: Problems, Process and Control.
6. Power and duty:
Doctrine of police power
Doctrine of eminent power
Taxing power
Responsibility and accountability
23
Module – IV (1 Credit)
7. Administrative Discretion:
Structuring and limiting
Impact of technological development
8. Comparative Administrative Law – India, U.S.A., U.K., France, Germany.

References: —
Dicey, Introduction to the Law of the Constitution Davis,
Discretionary Justice
De Smith, Judicial Review of Administrative Action (1995)
M.P. Jain, Cases and Materials on Administrative Law (1996), Vol.I,
Friedman, The State and the Rule of Law in a Mixed Economy
Jain & Jain. Principles of Administrative Law (1986) Tripathi
Wadha, Nagpur

PAPER V—ADMINISTRATIVE PROCESS AND JUDICIAL CONTROL (4 Credits)

OBJECTIVE
 Analysis of administrative process and judicial control

 Detailed study of Judicial review against administrative action

 To know about emergency rights and remedies for citizens against administrative action

OUTCOME
This course enables students:

 To understand Doctrine of locus standi and relevance of public interest litigation against
administrative action

 To understand about the alternative remedies by way of filing appropriate processing before
tribunals

 To get knowledge about limitation of doctrine of judicial review

Module – I (1 Credit)
1. Concepts and Agencies:
Common law countries
French system
2. Judicial Review in India
24
 Historical development
Powers of the Supreme Court
Powers of the High Court
Role of subordinate judiciary

Module – II (1 Credit)
3. Jurisdiction:
Finality clause
Conclusive evidence clause
Law and fact-distinction
Exclusionary clause
4. Grounds of Review:
Doctrine of ultra vires
Unreviewable discretionary powers: from Liversidge to Padfield
Discretion and Justifiability
Violation of fundamental rights
Extraneous consideration and/or irrelevant grounds
Delegation
Acting under dictation
Malafide and bias
Lack of rationality and proportionality Oppressing decision
Absence of proportionality

Module – III (1 Credit)

5. Procedural fairness:
Legitimate Expectation
Natural justice and duty to act fairly
Bias and personal interest
Fair hearing
6. Remedies:
Writs
Injunction and declaration

Module – IV (1 Credit)
7. Limits of judicial review:
Locus standi and public interest litigation
Laches
25
 Res Judicata
Alternative remedies
8. Judicial Review of Delegated Legislation.

References: —
Bagawati Prasad Banerjee, Writ Remedies, (1999), Wadhwa, Nagpur
De Smith, Judicial Review of Administrative Action (1995), Sweet and
Maxwell
I.P. Massey, Administrative Law (1995), Eastern, Lucknow Jain &
Jain, Principles of Administrative Law (1986) Tripathi
M.P. Jain, The Evolving Indian Administrative Law (1983), Tripathi,
Bombay
M.P. Jain, Cases and Materials on Administrative Law (1996), Vol.
Wadha, Nagpur.
S.P. Sathe, Administrative Law (1998), Butterworths, India.

PAPER VI – PUBLIC AUTHORITIES AND POWER HOLDERS: CONTROLS

ON MALADMINISTRATION (4 Credits)

OBJECTIVE
 In depth studies about public authorities in India such as ombudsman, CBI, Vigilance
Commission

 Historical study about Ombudsman mechanism in India

 Analytical studies about financial control in India

OUTCOME
It will help the students

 To acquire special knowledge about role played by investigating agencies in India

 To acquire expertise practice before special courts like CBI court, Lokayutas etc.

 To pursue further research in the field of Public authorities and power Holders with control
on maladministration.

Module – I (1 Credit)
1. Ombudsman:
The concept
26
 Comparative perspective
Evolving Indian models-Lokpal, Lokayukta Institutions.
2. Commission of Inquiry.

Module – II (1 Credit)
3. Vigilance Commissions.
4. Investigation Agencies: the CBI

Module – III (1 Credit)

5. Inquiries by Legislative Committees.
6. Legislative Control.

Module – IV (1 Credit)
7. Financial Control – Comptroller and Auditor General.
8. Judicial Inquiries.

References: —
Donald C. Rowat, The Ombudsman (1966), George Allan and Unwin Ltd.,
Toronto.
Donald C. Rowat. The Ombudsman (1966) George Allan and Unwin Ltd.,
Toronto
Jain & Jain, Principles of Administrative Law (1986) Tripathi
K.S. Shukla and S.S. Singh, Lokayukta : a Social Legal Study (1988),
Indian Institute of Public Administration, N. Delhi.

SEM IV – COMPONENTS OF CHOICE BASED CREDIT SYSTEM (4 credits)

The Fourth Semester shall be of :
- Dissertation of 80 marks and Viva-voce of 20 marks (4 credits).
- For the balance 100 marks, the students would have the choice to select the topic for
their project from the topics listed in the syllabus of the group opted, which will have
interdisciplinary approach. Out of 100 marks (4 credits), 50 marks (2 Credits) would
be for the project and 50 marks (2 credits) for Viva-voce.
GROUP-I: CONSTITUTIONAL & ADMINISTRATIVE LAW
1. Constitutional law and Access to Justice: Law and Justice in a Globalizing world

27
2. Role of Civil Society in Governance in the Economic and Social Development of a Country.
3. Changing Dimensions of Judicial Interpretation of Constitution: Judicial Trends & Approach
4. System of Governance – Comparative Constitutionalism
5. Right to Health – A Constitutional Perspective
6. Judicial Review of Administrative Action – Scope & Limitations
7. Right to Livelihood &Social Entrepreneurship and Right to Development under the Constitution
8. Right of Indigenous Persons & Sustainable Development – Constitutional Perspective

REFERENCE BOOKS: —
Cambridge University Press: Comparative Constitutional Law & Policy.
John Hatchard, Muna Ndulo, Peter Slinn: Comparative
Constitutionalism & Good Governance; Cambridge University Press
Mahendra Singh: Comparative Constitutional Law; Eastern Book Co.
M.P. Jain : Indian Constitutional law; Lexis Nexis
Dr. Subhash Kashyap: Framing of Indian Constitution; Universal law
Pub. Delhi
D.D. Basu: Comparative Constitutional law; Wadhwa & Co.
Seervai H.M: Constitutional Law of India – A Critical Commentary; Pub.
N.M. Tripathi
Vikram David Amar: Global Perspective on Constitutional Law;
Oxford University Press

GROUP-II BUSINESS LAW

PAPER I – FUNDAMENTAL PRINCIPLES OF LAW OF CONTRACT AND ALLIED

LAWS [4 Credits]

OBJECTIVE

 To enhance the student‘s knowledge regarding the foundation theory of contract

 To analyse and study Fundamental Principles in formulation of Contract Law

28
  To analyse the principle of International Contracts.

 To analyse Law relating to Electronic Contracts.

OUTCOME

This course enables students to:

 Acquire special knowledge in the field of Contract Law with special emphasis on
Contracts National and International

 Develop drafting skills in the field of augmentation.

 Practice in the field of insurance sector and banking sector.

Module – I (1 Credit)
Nature, Object and Multi-dimensional Scope
Foundation Theories of Law of Contract.
Individualism.
Freedom of Contract.
Sanctity of Contract.
Encroachment on Freedom of Contract.

Module – II (1 Credit)
Legislative Intervention.
Socio-economic Factors.
Limitations on Sanctity of Contract.
Conceptual Analysis: Contract.
Essentials of Contract.
Specific Contracts.
Standard-form contract, Exemption Clauses, Protective Measures.
Quasi- Contract, Doctrine of Unjust Enrichment, Law of Restitution.
Doctrine of Frustration: Grounds and Effects of Frustration.
Breach of Contract and Remedies.

29
Module – III Alternative Disputes Resolution (1 Credit)
Historical background of the Arbitration and Conciliation Act, 1996.
Distinction between the Arbitration Act, 1940, and the Arbitration and Conciliation Act,
1996.
Definition and Meaning of Arbitration.
Arbitration Agreement and Arbitration Clause in Agreement.
Alternative Disputes Resolution (ADR) Process.

Module – IV (1 Credit)
Composition of the Arbitral Tribunal. Number / Appointment of Arbitrators.
Disqualification / Removal of Arbitrators.
Termination of Authority of Arbitrator.
Jurisdiction of Arbitral Tribunal.
Conduct of Arbitral Proceedings. Making of Arbitral Award.
Finality and Enforcement of Arbitral Awards, Recourse against Arbitral Award.
Other Internationally Accepted modes of Alternative Disputes Resolution. - (ADR).
Commercial Arbitration.
Conciliation.

References:
Fundamental Principles of Law of Contract
Anson – Law of Contract
Cheshire, Fifoot and Furmston-Law of Contract Cheshire and Fifoot– Cases on
Law of Contract
Chitty‘s Mercantile Contracts (1st Indian Reprint)-2001
Dutt – Indian Contract Act,
Dr. Meena Rao – Fundamental Concepts in Law of Contract Dr. Meena Rao –
Consent in Law of Contract.
Law of Contract – Dr. Avtar Singh
The Law of Contracts: An Outline (2ndEd.) – Dr. Nilima Chandiramani.
Pollock & Mulla – Indian Contract Act and Specific Relief Act Schelsinger –
30
Formation of Contract
Sale of Goods and Partnership (For U.N. Convention on Sales)
– Dr. Nilima Chandiramani
United Nations Convention on Sales by the United Nations Commission.
Alternative Disputes Resolution — (ADR):
Bansal A.K. — Law of International Commercial Arbitration. Justice
Bachawat‘s Law of Arbitration and Conciliation.
Kwatra G.K. —The Arbitration and Conciliation Law of India with case Law
on UNCITRAL Model Law on Arbitration.
Law of Arbitration and Conciliation—Dr. Avtar Singh
O. P. Malhotra - Arbitration and Conciliation Act
Rao P. C. and William Sheffield - Alternative Disputes Resolution— What it is
and How it works.

PAPER II—GLOBAL TRADE UNDER WORLD TRADE ORGANISATION (4 Credits)

OBJECTIVE
 To introduce students towards the development of international trade laws.

 World Trade Organization-Establishment, Scope, Functions, Secretariat Decision making.

 Assist students and enable them to understand various perspectives of General Agreement
on Trade in Services.

 Anti-Dumping laws and Counterfeiting.

 Dispute Settlement Mechanisms.

OUTCOME
On successful completion of this course, students will be able to:

 Understand the development and growth of international trade laws

 Highlight the functions effectiveness of world trade organization.

 Enable the students to understand the limitations of international legislative mechanisms on
international trade laws.
31
  Assist them in drawing research projects and for forwarding suggestions on appropriate
implementation on international trade laws

Module – I (1 Credit)

1. World Trade Organization (WTO) Agreement:

Introduction to World Trade Organisation
Bretton Woods Conference
General Agreement on Tariffs and Trade (GATT)
World Trade Organisation (WTO)—Establishment, Scope,
Functions, Structure, Secretariat, Status, Decision-making,
Withdrawal, etc.
Module – II (1 Credit)

2. Trade in Goods:
General Agreement on Tariffs and Trade (GATT) Rules.
Most Favoured Nation (MFN)
National Treatment QRs, tariff bindings Textile and Clothing
Investment Measures
Anti dumping, Safeguard and Countervailing Measures
Customs valuation, pre-shipment inspection
Rules of origin, import licensing Agreement on Agriculture
Sanitary and Phyto-sanitary norms.
Module – III (1 Credit)

3. Trade in Services:
General Agreement on Trade in Services (GATS) Agreement
Financial Services
Maritime Transport
Professional services

Module – IV (1 Credit)
4. Trade Related Aspects of Intellectual Property (TRIPS):
Patents
32
 Copyright
Industrial Designs
Trademarks
Geographical Indications
Integrated Circuits
Undisclosed Information
5. Dispute Settlement Process.

References:—
GATT Agreements – World Trade Center Publication
Trade, Development and WTO (Handbook) – IMF Publication.
Bernard Hoekman, Aaditya Mattoo and Philip English
WTO and Globalisation – Nilima Chandiramani.
WTO in the New Millennium – MVIRDC World Trade Centre
– Arun Goyal

PAPER III - CORPORATE LAW (4 Credits)

OBJECTIVE

 Forward deliberations to the students regarding incorporation of companies acquainting

them to understand the concept of corporate personality, procedure for registration and
incorporation of Companies

 Relevance of Memorandum of Association and Articles of Association.

 Specific Sections relating to Management of Companies.

 Provisions regarding Protection of Investors and Creditors.

 Provisions regarding Prevention of Oppression and Mismanagement of Companies.

OUTCOME
On successful completion of this course, students will be able to:

 Understand of the need for registration of Company, procedure for registration and
advantages on incorporation of Companies

 Highlight important features in the memorandum of association and articles of association

 Understand provisions governing corporate finance, Role of Promoters, Directors in the
Company and their accountability and liability.

33
  Understand the limitations in laws relating to winding up of Companies.
Module – I (1 Credit)

1. Formation of Company:
Concept of Corporate Personality
Registration and Incorporation
Memorandum of Association
Articles of Association
Kinds of Companies

2. Organization and Management:

Managerial Personnel
Meetings
Corporate Governance
Professional Management
Legal Regulation of Multi-nationals
Collaboration Agreements
Amalgamation of Companies
Module – II (1 Credit)

3. Corporate Finance:
Meaning, importance and scope of Corporate Finance
Capital requirements
Prospectus
Share Capital, Kinds of Shares, Shareholders, allotment of Shares.

4. Audit, Accounts and Dividends:

Auditors
Audit of Accounts
Dividends

5. Securities, Borrowing, Debentures:

Debentures – Nature, issue, Classes
Mortgages and Charges

34
 Transfer and transmission of securities
Dematerialization of securities.
Module – III (1 Credit)

6. Protection of Investors and Creditors:

Need for Protection
Protection and Rights of Creditors
Protection of Investors
Rights of Shareholders and Members
Majority Powers and Minority Rights

7. Administrative Regulation on Corporate Finance:

Security Exchange Board of India - (SEBI).
Central Government Control
Control by Registrar of Companies
Control by Company Law Board
Module – IV (1 Credit)

8. Prevention of Oppression and Mismanagement:

Oppression
Mismanagement
Preventive measures
Powers of Company Law Board
Powers of Central Government.

9. Winding Up:
Winding up and Dissolution of Company.
Types of Winding up.
Winding up by Court.
Voluntary Winding up
Process of Winding up
Winding up of Defunct Companies, Sick undertakings,
Unregistered Companies and Foreign Companies.

35
References: —
Company Law – Dr. Avtar Singh
Companies Act and Laws relating to SEBI, depositories, Industrial
Financing
Gower – The Principles of Modern Company Law
Mayson, French & Ryan – Company Law.
Madon – Management of Corporations.
Mazumdar D.L. – Towards a Philosophy of the Modern
Corporation.
Palmer – Company Law
Pennington – Formation of Campanies
Ramaiya A, - Guide to the Companies Act
Sen S.C. – The New Frontiers of Company Law
Sethna – Indian Company Law
Taxmann‘s Corporate Laws
Taxmann‘s Company Law and Practice.

PAPER IV – LAW RELATING TO CUSTOMS AND FOREIGN EXCHANGE (4 Credits)

OBJECTIVES

 To ensure and enable students to understand the laws relating to customs and foreign
exchange.

 Expanding knowledge with regard to tariffs, custom duties,Foreign Exchange and

Currency.

 New Concepts under (FEMA), Foreign Exchange Management Act

 Functions of Customs Officers.

 Specific Provisions relating to Foreign Direct Investment in India.

 Issues and Challenges with regard to Foreign Trade, Development and Foreign Exchange
Regulation Act
36
OUTCOME
On successful completion of this course, students will be able to understand:

 Customs regulations in India in an effective manner.

 The shortcomings of Customs regulations.

 And promote consumer education to students with regard to Export and Import of Goods
and Services.

 And assist students in developing research topics with reference to Customs and Foreign
Exchange laws and conduct research for providing assistance with reference to reforms
under FEMA.
Module – I (1 Credit)

1. Law Relating to Customs:

Custom of charging customs duties
Rules relating to interpretation of customs law
Prohibition on Importation and Exportation of Goods
Chargeability and Levy of Customs duty
Module – II (1 Credit)
Exemption from Customs Duties
Refund of Customs duty
Clearance of Imported Goods and Export Goods
Warehousing of Goods
Powers of Customs Officers.
Adjudicatory Proceedings
Appeals
Criminal Prosecution
Module – III (1 Credit)

2. Law Relating to Foreign Exchange:

Historical background to Foreign Exchange Regulation Act

(FERA) and Foreign Exchange Management Act (FEMA).

37
 Foreign exchange and currency
Foreign exchange management and noteworthy features of
Foreign Exchange Management Act (FEMA).
Module – IV (1 Credit)
New Concepts under Foreign Exchange Management Act
(FEMA).
– Resident
– Capital Account Transactions
– Current Account Transactions
– Export
– Person
– Service
– Transfer
Export of Goods and Services
Adjudication, Appeals and Penalties
Foreign Direct Investment in India
Foreign Trade, Development & Regulation Act, 1992
References: —
A Guide to Customs Act. – Nilima Chandiramani.
Customs Law, Practice and Procedure – T.P. Mukerjee
Foreign Exchange Management Act — Dilip Sheth
Foreign Exchange Management Manual – Taxmann.

PAPER V – LAW OF INSURANCE (4 Credits)

OBJECTIVE

 To enable students to understand the growth, development of insurance laws globally

 Nationalization of Insurance in India

 Legislations relating to Insurance Companies in India

 Characteristics and Functions of insurance Companies, Types of insurance

38
  Specific Provisions relating to regulatory mechanisms for regulating the insurance sector.

 Issues and Challenges with recent Developments in Insurance Sector.

OUTCOME
On successful completion of this course :

 Students will be aware of insurance regulations in India.

 Students will be able to understand and evaluate the shortcomings of insurance regulations.

 Students will be able to further and promote consumer education to students in the
insurance sector

 Students will be able to assist in developing research topics on insurance laws and conduct
research for providing assistance in reforms regarding insurance legislations.
Module – I (1 Credit)

1. Introduction:
The nature of risk and insurance.
Risk management – Principles and Practices.
Need and importance of Insurance,
Future of Insurance
Kinds of Insurance, Types of Insurance Policies,
Law of Contract, Proposal, Consideration
Re-insurance and Double Insurance

2. General Principles of Law of Insurance:

Need for utmost Good Faith.
Insurable interest
The risk – Commencement, attachment and duration.
Indemnity
The law of proximate cause
Subrogation
Assignment and nomination,

39
 3. Indian Insurance Law – General:
Nationalization, Privatization and Globalization of Insurance Sector.
Principles of General Insurance.
The Insurance Regulatory Development Authority Act, 2000.
Module – II (1 Credit)

4. Insurance pertaining to Life and Personal Accidents/ Hospitalization:

Life Insurance – Nature, Principles and Scope
Events insured against life insurance contract.
Factors affecting risk
Mediclaim, Sickness Insurance, Personal Accidents

5. Marine Insurance:
Marine Insurance – Nature, Principles and Scope
Marine Insurance Policy – Conditions and Warranties
Seaworthiness
Perils of the Sea and other Insured Perils in Marine Policies
Hull and Cargo Insurance
Module – III (1 Credit)

6. Property Insurance:
Fire Insurance
Risks Insurance
Policies covering risk of explosion, earthquake, flood.
Policies covering accidental loss, damage to property, construction risks
Burglary, Theft, Civil Commotion and Strikes, other Endorsements.
Module – IV (1 Credit)

7. Insurance Against Accidents arising under Tort, Contract and Statute:

Accident Policies
Assessment of compensation and Liability
Contributory Negligence
The Personal Injuries (Compensation Insurance) Act, 1963.

40
 Compulsory Insurance.
Professional Negligence Insurance
8. Insurance Against Third Party Risks under Statute:
Relevant Provisions of Motor Vehicles Act, 1988.
Claims Tribunal: constitution, functions, procedures, powers and award.
Liability Insurance: Contractual and Legal Liabilities Public Liability Insurance
References: —
Brijnandan Singh – Law of Insurance – (1997)
Banerjee, Law of Insurance (1994)
Birds, Modern Insurance Law – (1997)
Charmers Marine Insurance Act 1906
E.R. Hardy Ivamy – Principles of Insurance (1979)
Gow Colinvaux – Law of Insurance (1977)
The Insurance Act – 1938
John Hanson and Christopals Henly – All Risks Property Insurance (1999)
K.S.N. Murthy and Dr. K. V.S. Sarma – Modern Law of Insurance.
The Life Insurance Corporation Act, 1956.
Hardy Ivamy - Marine Insurance
Mitra B.C. – Law of Marine Insurance (1997)
M.N. Srinivasan – Insurance Law

PAPER VI – BANKING LAWS (4 Credits)

OBJECTIVE

 To enable students to understand the need for banking systems and banking in India

 Nationalization of Banks

 Legislations relating to banking Companies in India

 Characteristics and Functions of Central Banks in India

 Specific Provisions relating to Negotiable Instrument ACT

41
  Issues, Challenges and recent Developments in Banking Sector.

OUTCOME
On successful completion of this course:

 Students will be aware of banking regulations in India in an effective manner.

 Students will be able to understand and evaluate the shortcomings of banking regulations.

 Students will be able to promote consumer education to students

 Students will be able to assist in developing research topics in banking laws and conduct
research for providing assistance with reforms in banking legislations.

Module – I (1 Credit)

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.

2. 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
Module – II (1 Credit)

3. Social Control over Banking:

Nationalization
Evaluation: private ownership, nationalization and disinvestments
Protection of depositors

42
 Priority lending
Promotion of under privileged classes

4. The Central Bank:

Evolution of Central Bank
Characteristics and functions
Economic and social objectives
The Central Bank and the State
The Reserve Bank of India as the Central Bank, as bankers‘ 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
Module – III (1 Credit)

5. Relationship of Banker and Customer:

Legal character
Contract between banker and customer
Banker‘s lien
Protection of bankers, customers
Nature and type of accounts
Special classes of customers – lunatics, minor, partnership, corporations, local authorities.
Banking duty to customers
Consumer protection: banking as a service

6. Negotiable Instruments:
Meaning and kinds of instruments
Transfer and negotiations
Holder and holder in due course
43
 Presentment and payment
Liabilities of parties
Module – IV (1 Credit)

7. Lending by Banks:
Good lending principles
Lending to poor masses
Securities for advances
Kinds: their merits and demerits
Repayment of loans: rate of interest, protection against penalty
Default and recovery
Debt Recovery Tribunal

8. Recent Trends of Banking System in India:

New technology
Information technology
Automation and legal aspects
Automatic Teller Machine and use of internet
Smart card
Credit cards
References: —
Banking Law and Practice in India -M.L. Tannan
Banking Theory and Practice - K.C. Shekar Banking
Theory and Practice -Varshney
Banking Reforms in India - K. Subrahmanyan
Law of Negotiable Instruments Nilima Chandiramani
Law of Negotiable Instruments - Dr. P.W. Rege.
The Law of Banking and Bankers - L.C. Goyle
Negotiable Instruments Act- Bhashyam and Adiga
Paget‘s Law of Banking - M. Hapgood (ed)
Review of current Banking theory and Practice – Basu
A Report of Working Group on Customer Services in Banks R.K. Talwar

44
SEMESTER – IV (4 CREDITS)
The Fourth Semester shall be of :
- Dissertation of 80 marks and Viva-voce of 20 marks (4 credits).
- For the balance 100 marks, the students would have the choice to select the topic for their project
from the topics listed in the syllabus of the group opted, which will have interdisciplinary
approach. Out of 100 marks (4 credits), 50 marks (2 Credits) would be for the project and 50 marks
(2 credits) for Viva-voce.
TOPICS FOR CHOICE BASED CREDITS
1. Understanding and Assessment of Industrial Psychology
2. C S R and Human Rights Education
3. Right to Information Under Mercantile Legislations – Constitutional Perspective
4. Securities Laws and Criminal Jurisprudence
5. Growth and Development of A D R Under Environmental Legislations
6. Property Laws and Rights of Consumers
7. W T O and Indian Politics
8. Information Technology and e-commerce –Emerging Legal Issues and Concern
9. Corporate Law and Accounting Standards

REFERENCES: —
Cyber and E-Commerce Laws, Diwan and Kapoor, Bharat Publishers
Consumer, Consumerism and Consumer Protection – Indian Context,
Dr. K.N.Bhatt, Prof. Suresh Mistra and Sapna Chadah, 2015
Law and Practice of Alternative Dispute Resolution In India- A Detailed
Analysis Anirban Chakraborty, 2016
Indian Constitutional Law; Dr. Durga Das Basu, revised by S.R. Roy and
SP.Gupta.3rd edition, 2011.
International Law and Human Rights, S K Kapoor, 2016
Information Technology Law and Practice, Vakul Sharma, 2014
The Political Economy of the World Trading System, Amitabh Kundu, Michel
M Kostecki, 3rd edition, 2009
Right to Information Law in India, N.V. Paranjape, 2014
45
Role of Environmental Green Tribunal in Protection of Environment,
M. J. Khandare, 2016
SEBI Manual

GROUP III - LAW OF INTELLECTUAL PROPERTY AND INFORMATION

TECHNOLOGY

PAPER I - INTELLECTUAL PROPERTY AND INTERNATIONAL ORGANISATIONS

AND AGREEMENTS (4 CREDITS)

OBJECTIVE

 Forward deliberation to the students regarding General Agreement on Trade and Tariffs
Treaty with specific reference to Intellectual Property Rights

 Acquainting to with the concept of Various Trade related treaties for effective trade
negotiations and deliberations between member nations.

 Relevance of WORLD Trade Organization and its functioning.

 Relevance of various other treaties

 Provisions regarding Dispute Settlement Mechanisms.

 Provisions regarding World Intellectual Organization and its Effective functioning

OUTCOME
On successful completion of this course, students will be able to:

 Understand the Scope, functioning need for various treaties and organizations,

 Highlight relevance of distinctive aspects of intellectual property rights.

 Understand the provisions & limitations in international and national laws with regard to
effective implementation of treaties.
Module – I (1 Credit)

1. Introduction to Intellectual Property Rights (IPRs):

46
 What is Intellectual Property
Basic concepts of Intellectual Property
Nature of Intellectual Property
Commercial exploitation of Intellectual Property
Enforcement of rights and remedies against infringement
International character of Intellectual Property.
Module – II (1 Credit)

2. International Organisation and Conventions: International

Agreements/Conventions relating to Intellectual Property.
World Intellectual Property Organisation (WIPO)
World Trade Organisation (WTO)
Module – III (1 Credit)

3. Trade Related Aspects of Intellectual Property Agreement (TRIPs):

General Provisions and Basic Principles
Standards concerning the availability, scope and use of
Intellectual Property Rights.
Enforcement of Intellectual Property Rights
Acquisition and Maintenance of Intellectual Property Rights
Dispute Prevention and Settlement
Transitional Arrangements
Institutional Arrangements.
Module – IV (1 Credit)

4. Human Rights and Intellectual Property Rights (IPRs):

Anti-competitive Practices / Abuse of Intellectual Property Rights
Government Use and Public Interest
References: —
Intellectual Property – W.R. Cornish (Sweet & Maxwell)
Intellectual Property Rights – Wadhera
Intellectual Property Rights – P. Narayan
Intellectual Property Rights Law – Dr. Ashok Soni
47
WTO in the New Millenium – MVIRDC – Arun Goyal
WTO and Globalisation: An Indian Overview – Dr. Nilima Chandiramani
Intellectual Property Rights under the TRIPs Text – Dr. Nilima Chandiramani

PAPER II - LAW OF PATENTS (4 CREDITS)

OBJECTIVE

 To acquire special knowledge in the field of Patent Law.

 To do further research education in the field of Patent Law

 To know various national & international provisions relating to Patent Law

OUTCOME
This course enables students:

 To acquire legal knowledge in the field of Patent Law

 To Practice in the field of Patent Law.

 To file patent application with patent office or to become patent agent.

Module – I (1 Credit)
Introduction, definition, scope and objectives of Law of Patents
Subject Matter of Patents
International Conventions and treaties regarding patents.
History of Indian Patent System
Module – II (1 Credit)
Procedure for Obtaining Patents.
Patentability and Patentable Subject Matter
Process Patent and Product Patent
Patent Specification
Opposition to grant of Patents
Module – III (1 Credit)
Register of Patents and Patent Office
48
 Rights and Obligations of Patentee
Transfer of Patent Rights
Voluntary Licenses, Compulsory Licenses
Assignment and Licensing of Patents
Revocation for non working of patents
Patenting of Traditional Knowledge
Issues related to Bio - piracy and Bioprospecting
Module – IV (1 Credit)
Powers of Central Government to acquire and use patents for public purpose
Revocation and Surrender of Patents
Infringement of Patents
Threat of Infringement Proceedings
Offences and Penalties
Appellate Tribunal Proceedings
Ever-greening of Patents
References: —
Intellectual Property (1999 edition) by W.R. Cornish (Sweet & Maxwell)
Intellectual Property Rights – P. Narayanan
Patent Law by P. Narayanan, 3rdEdition (1998),
Patent Co-Operation Treaty Handbook by Chartered Institute of
Patent Agents (Sweet & Maxwell) 1999 edition
Trrell on Law of Patents, 15th Edition (2000) by Simon Thorley,
Richard Miller, Guy Burkill and Colin Birss (Sweet & Maxwell)
Law relating to Intellectual Property by Wadhera

PAPER III - LAW OF TRADEMARKS – (4 CREDITS)

OBJECTIVE

 To provide awareness of trademark law and its importance to all Stakeholders.

 To impart legal knowledge about protection of trade mark – national and international.

49
OUTCOME
This course enables students:

 To carry out In-depth study of trademark law

 To gain Expertise in the trade mark law

 To acquire Global competency regarding trademark law

Module – I (1 Credit)
General Principles of Trademarks
International and National Laws relating to trademarks
Property in Trademarks – how acquired?
Conditions and Procedure for Registration of Trademarks
Module – II (1 Credit)
Opposition to Registration of Trademark
Effect of Registration
Registerable and Non Registerable Trademarks
Similar, Nearly Resembling and Deceptively Similar Trademarks
Trademark Registry and Register of Trademarks
Assignment, Transmission and Abandonment
Module – III (1 Credit)
Licensing of Trademarks and Registered Users
Collective Marks, Service Marks and Textile Trademarks
Infringement and Passing Off
Action for Infringement
Passing off Action
Certification of Trademark
Module – IV (1 Credit)
Offences and Penalties
Threat of Legal Proceedings
Appellate Tribunals
Emerging New Trends in Trademarks

50
References: —
Intellectual Property (1999 edition) by W.R. Cornish (Sweet & Maxwell)
Intellectual Property Rights by P. Narayanan
Narayanan on Trade Marks and Passing Off – Fourth Edition.
Law relating to Intellectual Property by Wadhera
Kerly‘s Law of Trade Marks and Trade Names by Thomas Balano, White
and Robin Jacob (Sweet & Maxwell)
K.S. Shavaksha on Trade and Merchandise Marks Act 1958 3rd
Edition (1999 edition) Butterworths, India.
Mc Carthy on Trade Marks and Unfair Competition (1999 edition) (West
Group. U.S.A.)
The Modern Law of Trade Marks by Christopher Morcom, Ashley
Roughton and James Graham, 1stedition, 1999 edition (Butterworths)

PAPER IV - COPYRIGHTS LAW AND OTHER RELATED RIGHTS (4 CREDITS)

OBJECTIVE

 To spread awareness about Rights and obligations of the Author or Owners of Copyright

 To impart knowledge about protection of original work under current laws

 To impart knowledge and carry out comparative study of National & International Laws on
Copyright
OUTCOME
This course enables students:

 To gain specific knowledge on the subject of copyright

 To acquire expertise in the field of copyright laws

 To suggest law makers to adopt suitable changes in the copyright laws.

Module – I (1Credit)
Introduction to Copyrights
International Conventions relating to Copyrights
51
 Indian Laws relating to Copyright
Nature of Copyrights
Subject Matter of Copyrights
Term of Copyright
Module – II (1Credit)
Authorship and Ownership Rights Conferred by Copyright
Rights of Broadcasting Organizations, Producers of Phonograms and
Performers
Assignment, Transmission and Relinquishment
Registration of Copyrights
Module – III (1 Credit)
Licences
Publication
Copyright Societies
Copyright office and Boards
Infringement of Copyright
Module – IV (1Credit)
Emerging New Trends in Copyrights
International Copyrights
Registration of Copyrights
Appeals
References: —
Copinger and Skone James on Copyright, 14th edition by Kevin Garnett;
Jonathan Rayner James and Gillian Davis – 1999 edition (Sweet & Maxwell)
Copyright and Industrial Designs - P. Narayanan
Intellectual Property (1999 edition) by W. R. Cornish (Sweet & Maxwell)
The Modern Law of Copyright and Designs by Hugh Laddie, Peter Prescott and
Mary Vitoria 2nd edition 1995 (Butterworths)
Nimmer on Copyright by Melville Nimmer (edition 2000) Mathew Bender
The Copyright Act, 1957 by T.R. Srinivasa Iyengar.

52
PAPER V - LAW OF INDUSTRIAL DESIGNS, GEOGRAPHICAL INDICATIONS,
LAYOUT DESIGNS, DATA PROTECTION AND TRADE SECRETS (4 CREDITS)

OBJECTIVE

 Forward deliberations among the students on the need and importance of Industrial
Designs, Geographical Indications, Layout Designs, Data Protection and Trade Secrets

 Acquainting students with the concept of various Trade related treaties for effective trade
negotiations and deliberations between member nations.

 Teaching students the relevance of various laws for protecting the interests of intellectual
property right holders.

 Acquainting students with provisions regarding to Dispute Settlement Mechanisms.

 Acquainting students with provisions regarding counterfeiting, piracy infringements and

remedies available to aggrieved parties.
OUTCOME
On successful completion of this course, students will be able to:

 Understand scope, functioning and the need for various treaties.

 Understand relevance of the distinct aspects of intellectual property rights.

 Apply provisions governing the process of registration of geographical indications, layout

designs and integrated circuits etc.
Module – I (1 Credit)
Laws Relating to Industrial Designs:
Introduction
Novelty and Originality
Publication
Registration of Designs
Rights conferred by registration
Infringement of Copyright in Design
Remedies
53
Module – II (1 Credit)
Law Relating to Geographical Indication
Definition, need and scope of Geographical Indications
Register and Conditions for registration of Geographical Indications.
Procedure for and Duration of Registration
Effect of Registration
Special Provisions related to Trademark and Prior Use
Rectification and Correction of Register
Offences & Penalties
Appeals & Remedies
Module – III (1 Credit)
Layout- Designs (Topographies) of Integrated circuits:
Meaning of Integrated Circuit Layout Design
Need and Mechanisms for Protection of Integrated Circuit & Layout Designs
International conventions and National Legislations
Procedure for Registration of Integrated Circuits
Duration of Registration
Change in the Identity of Proprietor; Assignment; Surrender,
Amendment; Corrections and other Changes
Cancellation
Compulsory Licensing
Infringement and Appeals
Module – IV Protection of Undisclosed Information/Trade Secrets. (1 Credit)
Law relating to Data Protection and Trade Secrets.
Protection of trade secrets – Confidential Information
How to protect trade secrets
The relationship between patents and confidential information
The relationship between copyright and confidential information
The Data Protection Act (DPA) 2018 (United Kingdom)
Protection of Undisclosed Information
Introduction: terminology, definition and scope
54
 International and National Legislation for protection of Undisclosed Information.
References: —
Intellectual Property (1999 edition) by W.R. Cornish (Sweet & Maxwell)
Intellectual Property (fifth ed.) by Daoul Bainbridge First Indian Reprint 2003
Pearson Education (Singapore) Pte. Ltd., Indian Branch, Delhi.
Design – The Modern Law and Practice by Lan Morris and Barry Quest (1987
edition) (Butterworths)
Patent for Inventions and the Protection of Industrial Designs by Thomas A.
Balanco White, 1974 Edition (Stevens &Sons)
Russell – Clarke on Industrial Designs (6th Edition) 1998 by Martin Howe
(Sweet & Maxwell)
Taxmann‘s Trade Marks, Passing Off & Geographical Indications of Goods –
Law & Procedure by D.P. Mittal (Taxmann Allied Services)
Copyright Act, 1957
The Designs Act, 2000

PAPER VI - INFORMATION TECHNOLOGY/ CYBER LAWS (4 CREDITS)

OBJECTIVE

 To inculcate the importance of techno-legal advances amongst the students

 To underline in the students‘ minds, the process of law making in the field of cyber laws.

 To develop the attribute in society to identify and eliminate cybercrime.

OUTCOME
This course enables students:

 To correlate information technology and legal education.

 To develop tools and techniques to curb cyber – crime

 To anticipate modern techno-legal threats to national security

55
Module – I (1 Credit)
Introduction to Information Technology
UNCITRAL Model Law
An Overview of the Information Technology Act
Information Security
Application
Module – II (1 Credit)
Digital Signatures and Certificates
Electronic Governance
Certifying authority
Software Protection
Module – III (1 Credit)
Comparative Study Relating to Cyber Laws - United Nations, India, U.S.A, Europe and
China
Cyber Security
Jurisdictional Issues in Transnational Crimes
Module – IV (1 Credit)
Formation of E – Contracts - Validity and Enforcement
Emerging New Legal Issues
Cyber Crimes - Penalties and Adjudication
Appellate Tribunal
Offences and Prosecution
Cyber Terrorism.
Social Media and Emerging Crimes
References: —
Cyber and E-Commerce, IT Act 2000 – Diwan Kapoor, (Bharat
Publishers).
Law relating to Computers and Internet – Rahul Matthan (Butterworths).
Computer Crime – Nitant P. Trilokekar (Snow White)
Law of Internet – F. Lawrence Street Mark P. Grant, 2000
Edition, (Lexis Publication)
56
Taxmanns Law of Information Technology (Cyber Law)-D.P. Mittal.

SEMESTER – IV (FOUR CREDITS)

The Fourth Semester shall be of :
- Dissertation of 80 marks and Viva-voce of 20 marks (4 credits).
- For the balance 100 marks, the students would have the choice to select the topic for their project
from the topics listed in the syllabus of the group opted, which will have interdisciplinary
approach. Out of 100 marks (4 credits), 50 marks (2 Credits) would be for the project and 50 marks
(2 credits) for Viva-voce.
TOPICS FOR CHOICE BASED CREDITS
1. Issues relating to Bio-piracy and Bio-prospecting
2. Resources for Food and Agriculture – issues on patent policy and farmers‘ rights-CBD, Nagoya
Protocol and Indian law
3. UNESCO – protection of folklore/cultural expressions. Developments in WIPO on traditional
knowledge and traditional cultural expressions
4. Intellectual Property rights and Information Technology.
5. Copyright and Media Laws.
6. Trade Related Aspects of Intellectual Property Rights: A Viable Tool for the Enforcement of
Benefit Sharing
7. WTO Negotiations on Geographical Indications and Their Potential Implications
8. Human Rights Perspective of Intellectual Property Rights.
9. Dispute Settlement Mechanism.
SUGGESTED READINGS:
Gopalakrishnan. N. S, Cases And Materials On Intellectual Property Law:
Along With Objectives, Methodology, And Course Outline Bangalore:
National Law School of India University, 1992.
Intellectual Property (1999) edition) by W.R. Cornish, (Sweet & Maxwell)
International Legal Instruments, D.K. Agencies 1998. Intellectual Property
Rights CSIR Journal. International Legal Materials.
57
Intellectual Property (fifth ed.) Daoul Bainbridge First Indian Reprint 2003,
Pearson Education (Singapore) Pvt. Ltd., Indian Branch, Delhi.
Journal of the Indian Law Institute Journal of the Indian Society of
International Law; American Journal of International Law;
Monroe E. Price (Editor), Stefaan G. Verhulst (Editor), Broadcasting Reform
in India: Media Law from a Global Perspective (Law in India Series)
Peter Drahos: A Philosophy of Intellectual Property, 1996 Commons J.R.:
International Economics,1934 5. Narayan: Intellectual Property rights, 2007
Ram Jethmalani D S Chopra, Cases and Materials on Media Law: A Book
on Indian Perspective, published by Thomas Reuters, published on 2012,
ISBN NO9381082367
WTO in the New Millennium – MVIRDC – by Arun Goyal

GROUP V – CRIMINAL LAW AND CRIMINAL ADMINISTRATION

OBJECTIVE

 To analyze the general principles of the Criminal law.

 In-depth study of theories of punishment.

 To analyze judicial trends on the rights of the accused.

OUTCOME

 Expert knowledge in Criminal Jurisprudence.

 Help the students to evaluate the criminal justice system.

 Deep understanding regarding the enforcing agencies of the criminal justice system.

PAPER I – CRIMINAL JURISPRUDENCE – (TOTAL 4 CREDITS)

OBJECTIVE

 Deliberation of the students on various aspects of crime, criminal laws and criminal justice.

 Acquainting the students to understand the issues relating to the notion of “group liability”
58
 in a crime.

 Acquainting students with the notions of private defense

 Acquainting students with the constitution and functioning of International Criminal Court.

 To inculcate amongst students the ability to evaluate critically the contemporary criminal
justice system and Concept of Decriminalization.

OUTCOME

On successful completion of this course, students will be able to:

 Gain in-depth knowledge and gain the ability to practice in criminal law and also Assist
them to understand the nature and various issues regarding criminal administration.

 Acquire research oriented aptitude with regard to various topics under criminal legal system
in India.

 Deal sensitively with specific issues and challenges relating to effective implementation of
laws under criminal jurisprudence.

Module-I (1 Credit)

1. Crime, Criminal Law and Criminal Justice

2. Administration of Criminal Justice – Meaning, Necessity and Growth

3. Doctrine of Mens Rea and Exceptions:

Negligence
Physical Element in Crime- Actus Reus
4. Stages in Commission of Crime:
Inchoate Crimes
Abetment and Criminal Conspiracy

Module- II (1 Credit)

5. Principle of Group Liability in Crime.

59
 6. Fundamental Principles of Criminal Jurisprudence:
Test of Criminality /Legality
Presumption of Innocence
Double Jeopardy
De Minimus Non Curat Lex
Mistake of Law and Mistake of Fact
Jus Necessitas
7. General Exceptions.

8. Right of Private Defense

Module – III (1 Credit)

9. Theories and kinds of punishment

10. Right to Protection of the accused

11. Strict Liability

Module – IV (1 Credit)

12. International Criminal Court

13. Concept of Decriminalisation

References :—

Glanville Williams : Criminal Law (The general

part) Jarome Hall : General Principles of
Criminal Law
FitzGerald : Criminal Law and punishment
Moberly : Ethics of
Punishment Ram Chandra Nigam : Criminal Law
Tapas Kumar Banerjee : Back ground to Indian Criminal Law
Law Commission of India, Forty Second Report Chapter 3 (1971)
Criminal Procedure Code, 1973

60
 14th and 41st Report of Indian Law Commission
PAPER II - PENAL LAWS – (TOTAL 4 CREDITS)

OBJECTIVES

 To have in-depth knowledge of Penal laws in India.

 To carry out a comparative study of Indian and International Penal laws.

 To gain legal awareness about Cyber crime and Information Technology Act, 2000

OUTCOME

This course enables students

 To suggest reforms in the Penal laws in India.

 To suggest reforms in Juvenile law.

Module-I (1 Credit )

1. Offences under Indian Penal Code :

Offences Against the State Offences Relating to Elections
Offences Relating to Religion
Offences Affecting the Public Health, Safety, Convenience,
Decency and Morals
Reforms in I.P.C.

Module-II (1 Credit )

2. The Maharashtra Control of Organised Crime Act, 1999

3. The Prevention of Terrorism Act, 2002

Module-III (1 Credit)

4. Cyber Crimes under Information Technology Act

Module-IV (1 Credit )

5. The Juvenile Justice (Care and Protection of Children) Act, 2000:

The Basic Concepts

61
 Determining Factors of Juvenile Delinquency
Legislative Approaches - Indian Context
Juvenile Delinquency
Judicial Contribution
Implementation
Preventive Strategies
References :—

The Indian Penal Code, 1860

Ratanlal & Dhirajlal – Law of Crimes
Smith & Hogen – Criminal Law

PAPER III - CRIMINOLOGY – (TOTAL 4 Credits)

OBJECTIVE
 To understand criminology as a science.

 To avail deep knowledge of various theories of criminology.

 To gain in depth study of victimology.

OUTCOME
 Students get the comparative study of ancient and modern criminology.

 The students acquire the ability to carry out a critical study of causes of crimes.

 The students gain the ability to study the socio economic rehabilitation of criminals.

Module-I (1 Credit )
1. Concept of Crime. Criminal Law, Criminology as a Science:
1.2. Development and Crime
2. Criminology - From Ancient to Modern thought:
Pre-classical – classical – Neo classical
Cartographic School
Socialist School
Dr. Lombrozo theory
Approach of Radical Criminologists

Module-II (1 Credit )
3. Multiple Factor theory.
62
 4. Causes of Crimes:
Socio – Cultural
Physical
Economic
Psychological
Mass Media & Crime

Module-III (1 Credit)
5. Privileged Class Deviance and Indian Legal order:
Notion of Privileged Class Deviance
White Collar Crimes
Official Deviance
Police Deviance
6. Professional Deviance of Lawyers, Teachers, Judges, Journalists, Doctors,
Technocrats, etc.:
Unethical Practices at the Indian bar
The Lentin Commission Report
The Press Council on unprofessional and unethical Journalism
Medical Malpractice

Module-IV (1 Credit )
7. Response of Indian Legal Order:
Vigilance Commission
Public Accounts Committee
Ombudsman
Commission of Enquiry
Prevention of Corruption Act, 1988

References :—
A.S. Siddique - Criminology (1984) Eastern, Lucknow
Dr. Sethana - Society and the Criminal,
Law Commission of India 42 Report Chap.3 (1971)
Sutherland & Cresey - Principles of Criminology
Barness & Teeters - New Horizons in Criminology
Dr. Suresh Mane - Crime, Criminal Law & Criminology, 2007.
Tapaskumar Banerjee - Background to Indian Criminal Law (1990) R.
Company & Co., Calcutta.

63
 Tapan - Crimes, Justice and Correction

PAPER – IV COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM – (TOTAL

4 Credits)

OBJECTIVES

 To forward deliberations among the students regarding notions of force, coercion and
violence.

 Acquainting the students to understand the concept of Force Monopoly of modern laws.

 Acquainting students with the notions of Collective political violence and legal order.

 Acquainting students with the nature & scope of agrarian violence in 18th & 19th centuries
in India.

 To inculcate among students the ability evaluate critically the contemporary criminal justice
system in India with specific reference to collective violence.

OUTCOME
On successful completion of this course, students will be able to:

 The program provide great opportunity and gives in depth knowledge to students who
intend to pursue practice in criminal law

 The program inuculcates research oriented aptitude in students with regard to various topics
under criminal law system in India.

 Sensitizing students specifically issues and challenges relating to law and crime in Global
arena.
Module - I (1 Credit )

1. Introductory:
Notions of ‘force’, ‘coercion’, ‘violence’
Distinctions: ‘symbolic’ violence, ‘institutionalized’, ‘violence’, ‘structural violence’
Legal order as a coercive normative order
Force-monopoly of modern law
Freedom of speech and incitement to violence
64
 ‘Collective political violence’ and legal order
Notion of ‘legal and extra- legal repression’

2. Approaches to Violence in India:

Religiously sanctioned structural violence: Caste and gender based
Ahimsa in Hindu, Jain, Buddhist, Christian and Islamic traditions in India.
Gandhiji‘s approach to non-violence
Discourse on political violence and terrorism during colonial struggle
Attitudes towards legal order as possessed of legitimate monopoly over violence during the
colonial period
Module - II (1 Credit )

3. Agrarian Violence and Repression:

The nature and scope of agrarian violence in the 18th-19th Centuries in India
Colonial legal order as a causative factor of collective political (agrarian) violence
The Telangana struggle and the legal order
The Report of the Indian Human Rights Commission on Arwal Massacre
Module - III (1 Credit )

4. Violence against the Weaker Sections:

Notion of Atrocities
Incidence of Atrocities
Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities
Violence Against Women and Children
Module - IV (1 Credit )

5. Caste/Communal Violence:
Incidence and courses of ‘communal’ violence
Findings of various commissions of enquiry
The role of police and para-military systems in dealing with communal violence
Operation of criminal justice system - trial in relation to communal violence

NOTE: Choice of further areas will have to be made by the teacher and taught.

65
References :—
A.R. Desai, (ed)- Peasant Struggles in India, (1979)
A.R. Desai - Agrarian Struggles in India: after Independence 1986)
A.R. Desai, Violation of Democratic Rights in India (1986).
D.A. Dhangare - Peasant Movement in India: 1920-1950(1983)
G.Shah-Ethnic Minorities and Nation Building : Indian Experience (1984)
Mark Juergensmeyer - ―The Logic of Religious Violence: The Case of
Punjab‖ Contributions to Indian Sociology (1988)
K.S.Shukla-―Sociology of Deviant Behaviour,‖ in 3
rd ICSSR Survey of
Sociology and Special Anthropology 1969-1979 (1986).
Ranjit Guha - Element any Aspects of Peasant Insurgency in Colonial India
(1983)
Ranjit Guha (ed) Subaltern Studies Vol. 1-6(1983-1988)
Rajni Kothari - State Against Democracy (1987)
T. Honderich - Violence for Equality (1980)
U. Baxi- ―Dissent, Development and Violence‖ in R, Meagher (ed) Law and
Social Change : Indo-Amercian Reflections (1988).
U. Baxi - (ed) Law and Poverty: Critical Essays, (1988)

PAPER V - PENOLOGY: TREATMENT OF OFFENDERS (4 Credits)

OBJECTIVE

 To forward deliberation among the students on definitions pertaining to penology, various

theories of punishment.

 Acquainting the students with the issues relating to capital punishment.

 Acquainting students with the notions and approaches of sentencing.

 Acquainting students with nature of offenders.

 To inculcate among students the ability to evaluate critically the contemporary criminal
justice system in India with specific reference to imprisonment.

OUTCOME
On successful completion of this course, students will be able to:

 Gain in-depth knowledge, pursue practice in criminal law and also assist them to
understand the nature and theories of punishment
66
  Acquire research oriented aptitude with regard to various topics under criminal legal system
in India.

 Deal sensitively with specific issues and challenges relating to effective implementation of
laws and criminal jurisprudence.
Module - I (1 Credit)

1. Introductory:
Definition of Penology
2. Theories of Punishment:
Theories of Punishment
Retribution
Utilitarian prevention: Deterrence
Utilitarian: Intimidation
Behavioural prevention: Incapacitation
Behavioural prevention: Rehabilitation - Expiation
Classical Hindu and Islamic Approaches
Module - II (1 Credit)

3. The Problems of Capital Punishment:

Constitutionality of Capital Punishment
Judicial Attitudes towards Capital Punishment in India
An inquiry through the statute law
Law Reform Proposals
Module – III (1 Credit)
4. Approaches to Sentencing:
Alternatives to Imprisonment
Probation
Corrective labour
Fines
Collective fines
Juvenile Institutions
Rehabilitative Programmes

67
 5. Sentencing:
Principal types of sentences in the Penal Code and special laws
Sentencing in white collar crime
Pre-sentence hearing
Sentencing for habitual offender
Summary punishment
Plea-bargaining
Module - IV (1 Credit)

6. Imprisonment:
The State of India's jails today
Prison Reforms in India
The disciplinary regime of Indian prisons
Classification of prisoners
Rights of prisoner and duties of custodial staff
Deviance by custodial staff
Open prisons
Judicial surveillance – basis – development reforms
References :—
Law Commission of India, Forty-Second Report Ch.3 (1971)
Responsibility and Punishment (1975)
Siddique A.S.- Criminology (1984) Eastern, Lucknow
S. Chhabbra - The Quantum of Punishment in Criminal Law (1970).
S.K. Shukla - ―Sociology of Deviant Behaviour‖ in 3 ICSSR
Survey of Sociology and Social Anthropology 1969-1979 (1986)
Tapas Kumar Banerjee - Background to Indian Criminal Law (1990),
R. Campray & Co., Calcutta.

PAPER VI - FORENSIC SCIENCE AND SCIENTIFIC INVESTIGATION OF CRIME (4

Credits)

OBJECTIVE

 To gain an in-depth analysis of forensic science and criminal justice system.

 To study the modern scientific methods of crime control.

68
  To study the problems related to International crime.

OUTCOME
This course enables students:

 To understand the role of forensic science in the criminal justice system.

 To carry out research in field of forensic science and law.

 To gain exposure to forensic science and criminal law from across the globe.
Module – I (1 Credit)

1. Forensic Science – An Integral component of Criminal Justice system – Scope

2. Development of Forensic Science in India

Module – II (1 Credit)

3. An Introduction to:
Forensic Laboratories
Forensic Biology
Forensic Toxicology
Forensic Anthropology
Forensic Ballistics
Forensic Documents
Forensic Medicine
Module – III (1 Credit)

4. Modern Scientific Methods of Crime Control and Prevention:

Electrical Traps to catch thieves, burglars
Truth Telling Drugs
Lie Detector
Atomat Breatha
lyser Traffipax
Camera
Magnetic Gun
Night Vision Binoculars
Portable Bomb Sniffer
69
 Detection of Note Forgery by use of ultra-violet rays
Module - IV (1 Credit)

5. Inter-state crimes and Criminals:

The problem of International Crime
International Co-operation
International Criminal Police Organisation (Interpol)
References :—

R.Deb.- Criminology, Criminal and Investigation.

Soderman And O‘Connell-Modern Criminal Investigation
Dr. J. P. Modi -A Text Book of Medical Jurisprudence and Toxicology.
Nigel Morland -Science in Crime Detection.
The Indian Police Journal
International Criminal Police Review Journal

SEMESTER – IV (FOUR CREDITS)

The Fourth Semester shall be of :
- Dissertation of 80 marks and Viva-voce of 20 marks (4 credits).
- For the balance 100 marks, the students would have the choice to select the topic for their project
from the topics listed in the syllabus of the group opted, which will have interdisciplinary
approach. Out of 100 marks (4 credits), 50 marks (2 Credits) would be for the project and 50 marks
(2 credits) for Viva voce.
TOPICS FOR CHOICE BASED CREDITS
Law of defamation & Freedom of speech
Study of Criminal behavior vis-à-vis increasing criminality
Tackling Collective Violence vis-à-vis Innovative Policing Techniques.
Ethical Issues & Medical Profession.
Cyber Crimes & Remedies.
Juvenile Justice System in India & Juvenile Psychology.
Corruption Laws & Elections in India.
White Collar Criminality & Corporate Crimes.

REFERENCES :—
Dr. Sethna: Society & The Criminal.
Dr. J P Modi: A Text book of Medical Jurisprudence & Toxicology
Moberly : Ethics of Punishment
S K Shukla: Sociology of Deviant Behaviour.
U. Baxi: Dissent, Development & Violence
70