Syllabus for
Master of Law (Constitutional and Administrative Law)
Academic Year  (2023)

Widely hailed as the grund norm, the Constitution always plays a pivotal role in the arena of public policy and law-making. The values enshrined in it such as the fundamental rights, independent judiciary, rule of law, etc. have invigorated the quality of life of the citizens and constantly kept the rulers on their toes. The relevance of Constitutional and Administrative Law, in this regard, hardly needs an eulogy. In fact, it is an area, pursued in legal circles, with great reverence since a long time.

The Specialization is designed to serve the inquisitive academic minds to take the field to its logical conclusion. Towards this end, it contains various papers including Fundamental Rights, Centre-State Relations, Administrative Law, Media, Health and Education Law, etc.

As one of the top law schools in India, the School of Law of CHRIST (Deemed to be University) offers LLM program as per the UGC guidelines. This program incorporates a rich array of law courses, seminars, experiential learning opportunities, and special events. 

Our distinguished faculty and administration have established ties with various international, governmental, and non-governmental organizations in India and abroad.

This program has a flexible curriculum offering several options in each specialization. Students have the option of selecting their specialization and their area of interest. In addition, each student is encouraged to write a publishable thesis and gain practical experience through internships and other training programs.

Programme Outcome/Programme Learning Goals/Programme Learning Outcome:

PO3.1: Critical Thinking, Legal Reasoning and Research Skills

PO3.3: Articulate and communicate effectively while teaching.

Programme Specific Outcome:

PSO2: Interpret and analyze the laws relating to constitutional governance and administration and respond to the contemporary legal and policy making challenges.

·         CIA I – Test/ Assignment                                 – 10%

·         CIA II – Mid Semester Examination                – 25%

·         CIA III – MOOC Course/ Assignment           – 10%

·         Attendance                                                          – 05%

·         End Semester Examination                              – 50%

                                                                        TOTAL 100%

COURSE OBJECTIVES: The paper intends to undertake a comparative analysis of the growth of public law, structure of governments and polities, legislative process, fundamental rights and the role of the judiciary in USA, UK and France in order to have a better understanding and assessment of the public law principles, practices and institutional mechanisms that work the polity in India

The first unit deals with the meaning, nature and evolution of fundamental rights; preamble of the Constitution; meaning of ‘State’ under Article 12; the concept of judicial review and constitutionality of statutes. Second unit deliberates on the right to equality and its various dimensions along with idea of reservation through significant case laws. The third unit will explain and examine the various facets of the ‘right to freedom’; ‘rights of accused persons’; ‘protection of life and personal liberty’ and ‘religious and minority rights’,  and  The fourth unit analyses the underlying philosophy of Directive Principles of State Policy and its relation to Fundamental Rights. It seeks to explore the interdependence between the two. 

Objectives:

1.      To explain the history and philosophy behind the evolution of fundamental rights.

  2.      Explain and analyse the ‘right to equality’;

  3.      Examine the reach and ambit of ‘right to freedom’;

  4.      Examine the meaning and scope of ‘life and liberty’;

  5.      Demonstrate an understanding of ‘rights of accused persons’;

  6.      Examine the scope of ‘right to religion’ and ‘minority rights’;

  7.      Examine the philosophy of DPSP and its relationship with fundamental rights 

The course aims at giving the students an insight into the federal structure as envisaged in the Constitution of India and focuses upon educating them about the Legislative, Administrative and Financial relations between the Centre and the States.

The Course is divided into Seven Units.

Unit-1 aims at familiarizing the students about the historical background of and the nature of federalism in India.  It also gives an understanding of the different forms of Governments. Further, it enables the students to understand the judicial perspective of the Indian federalism.

 Unit-2 gives the students an insight into the Legislative relations between the Union and the States. It also helps the students to understand the principles of interpretation of various lists and the doctrines in relation thereto.

 Unit-3 aims at making the students understand the Administrative relations between the Centre and States in India.

 Unit-4 aims to give the students an insight into the financial relations between the Union and the States in India. The students shall also be introduced to the role of finance commissions in the Centre- State relationship.  Students will also be introduced to the borrowing powers and cooperative federalism.

Unit-5 gives an insight into the freedom of inter-state trade and commerce.

Unit-6 aims to acquaint the students understand the various provisions in the Constitution with regard to the Services under the Union and the States.

Unit-7 aims at familiarizing the students with the various Emergency provisions in the Constitution of India and the relationship between the Centre and States during emergency.

Course Objectives:

1.  To give the students an insight into the federal structure as envisaged in Constitution of India.

2. To give them an understanding of the basic concepts, principles and the judicial doctrines in relation thereto.

3. To provide an understanding of the Legislative, Administrative and Financial relations between the Centre and the States.

4. To enable them analyze and evaluate the working of the Centre-State Relations.

5. To explore the contemporary legal developments in the field of Centre-State relations.

6. To enhance their researching and writing skills on the topics of Centre-State Relations.

The objective of studying of Administrative law is to understand nature of the administration and the role of law.  Earlier, the functions of the state were so defused and were dealing with sporadic issues such as policing and protection from external aggression. There is a sea change in the philosophy of governance of the state and there is a paradigm shift from laissez faire to welfare state. The welfare state is now to show concern for every issue of the subjects almost from cradle to grave. It proliferates into every aspect of life. The three wings of the state established under the Constitution functions to ensure welfare of the subjects. There is an unprecedented rise in state intervention in an individual’s (whether citizen or non-citizen) life. The Executive play a vital role in administration of state. It is to execute the decisions of the other two wings of the state besides functioning independently. Therefore, the functions of it have increased manifold and continue to increase further. Thus, there has been increase in scope for accumulation of power and functions which has the tendency to corrupt. On the other hand, the legislature functions only for a limited period. It has limited its role to perform formative role and delegate rule making power to the executive. Further, the executive is to play the role of the judiciary inter alia due to piling up of cases and technically different matters paving the way for constitution of special judicial cum administrative bodies called Tribunals. Thus, there is manifold increase in the affairs of the executive and the scope for arbitrary and whimsical exercise of power.  But, equally significant is the role of the ensuring administration of justice even in the parallel systems being developed in the form of administration besides the traditional institutions. In this scenario, to ensure the effective functioning of the wings of the state and other instrumentalities of the executive within the umbrella of the Constitution there has been evolution of the subject of study namely, the Administrative Law.

Therefore, administrative law has evolved into a separate branch of law taking into its fold complex and intricate issues and exercise of fundamental principles of law and justice. Its rapid growth in the 20th century is regarded as the most significant development in the field of law. It deals with the adjective form of the legal framework governing public administration and the principles to control executive power to avoid arbitrariness.

Public Policy and Development course broadly consist of 5 units to emphasise on importance of Public Policy in a democratic republic. Unit 1 Deals with nature, scope, definition, policy advocacy and goals of public policy; Unit 2 Focuses on the health care policy and its evaluation; Unit 3 Explains energy and environmental policies and their evaluation; Unit 4 Spells out the education policy and its working; Unit 5 Illustrates the economic and industries  in the era of globalisation.

This course aims to:

Ø  Provide the students with a conceptual understanding of public policy and development;

Ø  Explain the students about the working of the actors, institutions, and processes of public policy-making in India;

Ø  Develop in the students the analytical tools necessary to think critically about matters associated with the making and implementation of Indian public policy;

Ø  Provide the students with an understanding of health care policy;

Ø  Impart the students with an overview of energy and environment policy;

Ø  Equip the students with understanding of education policy in India; and

Ø  Enhance the understanding of the students about economic and industrial policy in the perspective of globalisation 

The course aims at understanding the various jurisprudential theories and concepts, the basics of law and economics and also to hone their soft skills in order to enhance their capacities to build a strong foundation for the study of Master of Law course.

Course Objectives:

• To give an insight into the nature, purpose, role of law in the society and the various perspectives and critique of law.
• To give an overview of the nature of judicial process and precedent in English law.
• To familiarise the students with the basics of law and economics and legal research.
•  To focus on developing various soft skills required for the legal profession.

This course intends to enhance the legal research skills among students. Students would be able to appreciate the nuances of legal research by discussions outlined in Unit I of the syllabus will deal with Basics of Legal Research. Unit II deals with Major Steps in Legal Research. Unit III deals with Data Collection, Analysis and Interpretation of data. Unit IV deals with Report Writing. Unit V deals with Legal Writing.

The main objective of this course is to acquaint the students of LLM with the scientific method of social science research. This course is expected to provide the knowledge of the technique of selection, collection and interpretation of primary and secondary data in socio-legal research. Emphasis would be laid on practical training in writing and publishing a research paper in this course. 

Description: It is said that we are now living in a global neighborhood, which is not yet global village.  This is the result of the so called “globalization” which refers to those processes that tend to create and consolidate a unified economy, a single ecological system, and a complex network of communications that covers the whole globe, even if it does not penetrate into every part of it.  We find in every discipline studies under the titles global, globalism and globalization but not much in the discipline of law and now it is entering it also.  The process of globalization has its own impact on every discipline and this paper or course intends to study its influence on the discipline of law. The purpose is to sensitize students of law about implications of the process of globalization on basic principles, concepts and ideas underlying the discipline of law. To name a few the concept of law itself, justice, human rights and legal process.  The thrust is to analyze and evaluate them from a global perspective.

Objective: The Course aims at providing an understanding of the concept of globalization and it's impact on contemporary society and legal theory. In addition the course seeks to provide a critical perspective of globalization and its impact on issues like human rights, justice, democracy et. al.

At the end of course the students will be able to:

1. Identify and explain the nature of globalisation and its impact on the developments of law and legal theory;

2. Analyse the various issues like human rights, sovereignty of nation-state, legitimacy of international law in the wake of globalisation; 

3. Develop a critical understanding about globalisation vis-a-vis various global issues as well as various theories of justice.

Media often referred to as the fourth estate plays an important role in creating and moulding public opinion and strengthening of society. A free and an independent press is a sine qua non in a democratic form of government. It acts as a watch dog and maintains checks and balances the relationship between the State and its citizens. The study of media law is very important for students of law as it gives them an insight into the legal, ethical and regulatory framework governing media in India. With the developments in the field of information and communication technologies many issues and challenges are coming to thefore. The course is designed to give an insight into the various facets of media and examines the legal and regulatory framework governing media in India. The course also focuses on the contemporary developments in the field and delves into the issues and challenges posed thereto. Ethics of the press and journalistic integrity will also be dealt with.

The course is divided into six units.

Unit-1 deals with the different aspects of the fundamental right to freedom of speech and expression with special emphasis on the freedom of the Press and the restrictions in relation thereto.

Unit -2 focuses on the law relating to Defamation. Further, internet as a platform of free speech, regulation of content on the internet and the regulation of the same has been dealt with under this unit.

Unit-3 focuses on the interface between the freedom of the media and the privacy rights.

   Unit-4 deals with the conceptual as well as statutory provisions pertaining to media ethics and allied aspects.

Unit-5-deals with digital media regulations

Unit6- deals with Licensing and transfer of rights in media and entertainment.

By the end of the course the student should be able:

1.      To understand the concept of Media, types and theories of mass media.

2.      To trace the historical background of regulation of Press and broadcasting in India.

3.      To understand the Constitutional framework impinging upon the fundamental rights to freedom of Speech and expression in India with special reference to freedom of the press and the fundamental right to privacy.

4.      To summarise and evaluate the latest developments in the field of media law.

5.      To interpret the issues and analyse the principles laid down in the cases in the field of Media law.

6.      To acquaint the students with the importance and necessity of media ethics and develop and appreciate journalistic integrity.

7.      To understand the legal, ethical and regulatory framework governing media in India.

8.    To impart research and analytical skills in the area of media law.

The   matters   relating   to   medicine   and   health   are   as   ancient   as human   civilization   itself,   giving   rise   to   many   legal   and   moral issues   of   varying   degree   at   different   stages   of   advancement   in the   sphere   of   medical   science.    The   advancement   in   the   field   of medical   technology,   though   a   boon   to   the   mankind,   has   its own flip   side.   The   invention   of   pre-natal   diagnostic   techniques, transplantation   of   human   organs,   assisted   reproduction techniques   and   other   medical   procedures   have   forced   new   legal challenges.   Medicine   and   health   are   inter-related   aspects. Administration   of   treatment   is   a   joint   endeavour   of   doctors, para-medical   staff,   state   and   private   agencies,   which   calls   for effective   legal   control   to   protect   the   interest   of   medical   and para-medical   professionals   as   well   as   the   patients.  In the light of the above the course is designed and divided  into eight units and the description of each unit in brief is as follows:

Unit 1 deals with concept of right to health and interrelationship between law and medicine and various issues connected to it.

Unit 2 focuses on the legal framework relating to medicine and health.

Unit 3 describes the legal framework relating to Drugs and Cosmetics.

Unit 4 discusses the laws relating to reproductive health.

Unit 5 explains the right to health of special categories of people, mental health and laws pertaining

to it.

Unit 6 explains and examines the modern development relating to health law.

The objective of this course is:

• to impart the students with the knowledge of the relation between law and medicine with special emphasis on legal and moral issues surrounding the administration of treatment and performance of medical procedures in the backdrop of advancement in the sphere of medical technology.

• to explain the legal framework relating to health and medicine

• to elucidate the right to reproductive health and connected issues

• to spell out the medico-legal aspect of law

• to illustrate the concept of disability and the legal framework thereof

• to explain the right to health 

• to explain the concept of insanity and mental health

COURSE DESCRIPTION

With the introduction of the Constitution Seventy third and Seventy fourth amendments, India is moving towards the ideal of direct democracy endowing the local bodies with powers of administration in matters of regional and local importance. This change has added new vistas of Indian democracy and it offers an opportunity to translate the Gandhian concept of Gram Swaraj into practice. Necessarily, a person specializing in administrative law has to be equipped with the knowledge on the working of early systems, the present constitutional scheme, and the legislative powers of the State transferring responsibility to local bodies and on the increasing regulatory and financial powers of the local bodies. The nature of the democratic functioning of these elected bodies and the scope of administrative control as well of the judicial control over them are challenging areas for students of administrative law to evaluate and help formulation of new and pragmatic working methods.

COURSE OBJECTIVES

• To give an insight into the introductory aspects, the historical and philosophical background of the Local Self-Government.
• To familiarise the students about the Constitutional scheme for the Local Self-Government.
• To familiarise the students about the structure, powers and functions of the rural Local Self-Government.
• To give the students an understading about the structure, powers and functions of the Urban Local Self-Government.
• To address the issues of decentralization and grass root planning of the Local Self Government.
• To give an insight into the modern dimensions of Local Self Government.

The course provides an exposure to the students to develop their  writing and presentation skills by presenting a paper on contemporary legal issues and case laws taking stock of the contemporary case law  developments. The course also imparts an experiential learning to the student through participation in legal aid awareness camps in a remote village and to write a report of the experience.  

To implement and evaluate an innovative approach to a law seminar course intended to develop students' presentation skills and encourage them to think critically about contemporary legal issues. Further, the objectives of this course are to enhance verbal and written presentation skills of students and to develop analytical skills as students learn about sides of a contemporary issue in legal practice. The students also enhance their skills in providing peer evaluations Specific School curricular competencies addressed by the course are: (1) maintain professional competence by identifying and analyzing emerging issues; and (2) participate in self-learning and professional development.

Course description: The practical course requires the students to take up teaching assignments in their chosen area of specialisation. The students will be allotted to teachers in the respective subject areas under whose supervision the student will have to prepare the lesson plan and conduct classes. The students will be evaluated on the basis of their preparation and performance in the respective classes. 

Course Objectives : To equip the students to teach UG law students and make them understand art of preparing for the classes.

This course is designed to test the research prowess of the students and their analytical skills. It is aimed at enabling the students to hone their skills as a researcher that would be of immense help to them in their career.

This subject will help the students to enhance their research, analytical and writing skills.