Department of SCHOOL OF LAW

Syllabus for
Master of Law (Constitutional and Administrative Law)
Academic Year  (2021)

 
1 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LLM132CAL COMPARATIVE PUBLIC LAW - 4 4 100
LLM133CAL FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES - 4 3 100
LLM134CAL CENTRE - STATE RELATIONS AND CONSTITUTIONAL GOVERNANCE - 4 3 100
LLM135CAL ADMINISTRATIVE LAW - 4 3 100
LLM136CAL PUBLIC POLICY AND DEVELOPMENT - 4 3 100
LLM151CAL FOUNDATION COURSE - 4 2 100
LLM152CAL RESEARCH METHODS AND LEGAL WRITING - 4 4 100
2 Semester - 2021 - Batch
Course Code
Course
Type
Hours Per
Week
Credits
Marks
LLM231CAL GLOBALIZATION, LAW AND JUSTICE - 4 4 100
LLM232CAL MEDIA LAW - 4 3 100
LLM233CAL HEALTH LAW - 4 3 100
LLM234CAL LOCAL SELF - GOVERNMENT LAW - 4 3 100
LLM251CAL SEMINAR ON CONTEMPORARY ISSUES - 3 2 100
LLM252CAL TEACHING PRACTICE - 3 2 50
LLM281CAL DISSERTATION - 4 4 100
      

    

Department Overview:

The School of Law offers Undergraduate, Postgraduate and Doctoral programmes in law as per the guidelines of the Bar Council of India and the University Grants Commission.  It has a flexible curriculum offering several options in different areas of specialization. It is devised keeping in mind the requirements of legal profession and academia.

The programmes offered at the School of Law incorporate a number of special opportunities such as internships, clinical programme, supervisory research and writing. In order to promote interaction between students and legal professionals, seminars, guest lectures and workshops are conducted on various subjects of law at regular intervals. In addition to the mandatory courses spanning across a ten semester programme, the School of Law has also introduced numerous other value-added courses and programmes for the benefit of students.

Mission Statement:

Vision: Excellence and Service. Mission: To create and proactively generate in-depth legal knowledge in the student community so that they can transfer their knowledge acquired to the larger benefits of the society in accordance with professional ethics and values.

Introduction to Program:

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, experie

Program Objective:

PO1: ACADEMIC EXPERTISE
1.    Evince conceptual clarity in the area of specialisation
2.    Identify and explain the concepts, doctrines, maxims and principles of Law
3.    Analyse and interpret the law and use it to further clients interests.
4.    Evaluate Indian Laws as against laws in different jurisdictions and appreciate the competing and the conflicting notions.
5.    Suggest amendments/ modifications to the existing laws to plug loopholes in the law.

PO2: CRITICAL THINKING, LEGAL REASONING AND RESEARCH SKILLS
1.    Identify legal issues in the area of specialisation for academic inquiry
2.    Apply legal reasoning and present valid and logical arguments towards solving the legal issues
3.   &n

Assesment Pattern

·         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%

Examination And Assesments

·         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%

LLM132CAL - COMPARATIVE PUBLIC LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

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

Learning Outcome

COURSE OUTCOMES:

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

1. Understand and apply the concept and principles of public law in order to assess the performance of governance structures.

2. identify and distinguish between presidential, parliamentary and hybrid forms of government in order to understand the shortcomings and advocate changes.

3. should be able to comprehend the federal, unitary and other structures of governance and advocate changes in governance processes. Analyse the legislative process through comparative study and suggest reforms. 

4. assess as to how the fundamental rights have evolved over a period of time in tune with socio, economic & political changes so that people lead a life free from discrimination and exploitation and propose policy changes in this regard.

5. To have a comprehensive understanding of the nature and organisation of the higher judiciary and the process of ‘tribunalisation’ with their roles and limitations under the constitution and propose reforms with respect to their rationale, structure and functioning.

Unit-1
Teaching Hours:12
Unit 1: Growth and nature of public law - comparative study
 

History and rationale for study of comparative public law -

                            Evolution of public law - ancient to modern - distinguished from Private law

                            Concepts of public law - Rule of law - Separation of powers - Sovereignty  

Accountability and liability of state - transparency - right to information - Sovereign immunity - restorative & compensatory justice

Unit-2
Teaching Hours:12
Unit 2: Models of government - comparative study
 

Presidential, parliamentary and hybrid systems - distinctive features - comparison and advantages - powers of the president - Prime minister - the parliament - pattern of relationships - Comparative evaluation.

Unit-3
Teaching Hours:12
Unit 3: Nature of distribution of powers - comparative study
 

Federal & Unitary form of state - characteristics, differences & advantages - Distribution of powers - legislative, administrative and financial - Legislative process – executive law making - The amendment process

Unit-4
Teaching Hours:8
Unit 4: Role of Fundamental Rights in public law
 

Evolution of fundamental rights- civil rights legislations - equality provisions - approaches to affirmative action.

Unit-5
Teaching Hours:16
Unit 5: Judicial organisation and process of judicial review - comparative study
 

Organisation of the judiciary - issues of judicial independence - appointment - terms of service and removal - Tribunalisation of justice – an evaluation - Ambit of judicial review - Enforcement of fundamental rights - Public interest litigation.

Text Books And Reference Books:

1. A.V.Dicey, Introduction to the Study of Constitution.

2. Brandt, E.M.; An Introduction to Constitutional Law; Oxford University Press

3. Bernard Schwartz Commentary on American Constitution

4. Bhagwan Vishnoo, Bhushan Vidya, World Constitutions

5. Cane, Peter; Administrative Law; Oxford University Press

6. Dauglus W.O, Studies in Indian and American Constitutional Law.

7. E.S.Venkataramaiah, Federalism Comparative Study

8. Finer, S.E.; Comparative Government; Penguin Books

Essential Reading / Recommended Reading

1. Godfrey and Blondel, The French Constitution and Government.

2. Jain, M.P.; Indian Constitutional Law; LexisNexis

3. K.C.Wheare, Modern Constitutions.

4. Loughlin, Martin; The Idea of Public Law; Oxford University Press

5. Mason and Beany, American Constitutional law

6. Rodney Brazier, Constitutional Practice.

7. Rotunda and Nowak, Treatise on American Constitution.

8. Singh, M. P.; V.N Shukla’s Constitution of India; Eastern Book Company

9. Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law

10. Elisabeth Zoller, Introduction to Public Law – a Comparative Study, Brill

Evaluation Pattern

SCHEME OF VALUATION

• CIA I – Class Test / Assignment / Presentation – 10%

• CIA II – Mid Semester Examination – 25%

• CIA III – Research Topic – 10%

• Attendance – 05%

• End Semester Examination – 50%

TOTAL 100%

LLM133CAL - FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:3

Course Objectives/Course Description

 

The first unit engages the student to delve into the history of Fundamental Rights, its underlying philosophy and its impact on the relationship between the individual and the state. The student can imbibe, through an incisive scrutiny of the case laws, the present status of jurisprudence in the State action doctrine in India. The purpose of the preamble as an aid to constitutional interpretation is analysed based on the relevant case law and juristic observations. A critical approach to the study of the constitution is sought to be fostered in the student in order to make them equipped to handle the demands of higher academics or for legal practice, advocacy and policy making.  Equality is a key concept to be understood in a country as diverse as India. In the second module, the student is taken through the various facets of equality ingrained in the Constitution of India. In the third module, the scope of the right to freedom and life from Art. 19 to 21 will be assessed through an analysis of the constitution and leading case laws. The course will examine the rights of the accused and the limitations based on the constitutional text as well as contemporary case laws pronounced by the courts. The module will enable the student to analyse Art. 21 of the constitution as also understand the parameters of Art. 22 of the constitution. Right to Constitutional remedies and the innovations at Indianizing the justice delivery system will be analysed.

The third module will provide an adequate exposure to the student to understand the law with respect to armed forces, martial law and Armed Forces Special Powers Act. The issue of religious minority rights will be evaluated by debating the latest case laws, provisions and amendments in recent times. The fourth module analyses the rationale underlying Directive Principles of State Policy and its relation to Fundamental Rights. It seeks to explore the interdependence between the two.  The process of reading in Directive Principles into Fundamental Rights by the judiciary despite the non-justiciability of the latter will be subjected to scrutiny. The course will analyse the connect between the Fundamental Rights and fundamental duties. 

Course objectives

• Students will learn about the evolution of Fundamental Rights, its underlying philosophy and the

relationship between the individual and the state.

Equality is a key concept to be understood in a country as diverse as India. The student will analyse

the concept of equality and is taken through the various facets of equality ingrained in the

constitution of India.

. The student will assess the present status of law in Art.19 so that a balance can be struck between

the right to freedom and necessary reasonable restrictions on the same.

The student will examine the rights of the accused and the limitations based on the constitutional

text as well as contemporary case laws pronounced by the courts.

This student will analyse the rationale underlying Directive Principles of State Policy and its relation

 

to Fundamental Rights. The student will assess the growing interdependence between the two.

Learning Outcome

  

COURSE OUTCOMES:

1. The course will enable the student to contribute to higher reaches of legal

academics and policy making in Constitutional Law - research and teaching. It will

equip them to critically analyse constitutional issues.

2. The student will be able to apply an in depth understanding of fundamental rights

jurisprudence to complicated issues in the constitutional courts and contribute to

evolving constitutional jurisprudence in India.

3. The student will be able to appreciate the critical interface between Fundamental

Rights and Directive Principles of State policy and apply the rationale to emerging

issues and challenges.

Unit-1
Teaching Hours:15
Introduction
 

1.1.       Evolution of Fundamental Rights, impact of Universal Declaration of Human Rights and Constitutions of other countries on fundamental rights

1.2.       Concepts of Fundamental Rights, Bill of Rights, Natural rights and Human Rights

1.3.       Preamble of the Constitution and its implication with reference to                                         Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties

1.4.       Definition of State under Art.12, 13 - Inviolability of Fundamental Rights

1.5.       Doctrine of Waiver, Doctrine of Severability, Doctrine of Eclipse, scope of definition of law under Art.13.

Unit-2
Teaching Hours:15
Right to Equality
 

2.1.          2.1.  Relationship between Art 14, 15, 16, 17, and 18

2.2.          2.2.   Doctrine of Classification, Doctrine of Arbitrariness, Doctrine of Legitimate Expectation,           Wednessbury Principle

2.3.          2.3.    Prohibited grounds for discrimination (Art.15); special provisions relating to women;                protective discrimination in favor of Backward Classes, Scheduled Castes and Scheduled           Tribes; Development of case law

2.4.         2.4.  Equality of Opportunity in the matters of public employment, reservations in public                    employment, residence as prerequisite for employment

2.5.         2.5.  Untouchability, Abolition of Titles

Unit-3
Teaching Hours:15
Right to Freedom, Right against Exploitation
 

3.1.         3.1.   Six fundamental freedoms under Art.19 and reasonable restrictions Art 19 (2) to (6); test to        determine the reasonableness of restrictions; whether restriction includes deprivation and         prohibition

3.2.         3.2.   Rights of accused; Doctrine of ex-post -facto law; Doctrine of Double Jeopardy; privilege           against self-incrimination.

3.3.         3.3.  Protection of life and personal liberty; right to education; safeguards against ordinary arrest      and preventive detention; right against exploitation.

3.4.        3.4.   Ambit of religious freedom, cultural and educational rights

3.5.        3.5.  Right to Constitutional remedies; Fundamental Rights vis-à-vis armed forces.

3.6.        3.6.  Martial Law and Armed Forces Special Powers Act  

3.7.        3.7.  Religious and Minority Rights

Unit-4
Teaching Hours:15
Directive Principles of State Policy and Fundemental Duties
 

4.1.          4.1.  Relative importance of Directive Principles of State Policy (DPSP) and Fundamental               Rights

4.2.          4.2.  Nature of Directive Principles of State Policy, Justifiability of Directive Principles of State Policy

4.3.         4.3.   Social security and welfare provisions under Directive Principles of State Policy; economic rights

4.4.         4.4.   Directive Principles of State Policy that were read into Fundamental Rights

4.5.          4.5.  Fundamental Duties – evolution, relationship between Fundamental Rights and Duties

Text Books And Reference Books:

1.      H.M. Seervai, Constitutional Law of India – Vol. I &II

2.      V.N.Shukla , Constitution of India

3.      Subhash C Jain, The Constitution of India

4.      D.D. Basu, Commentaries on Constitutional Law of India, Vol. A to E

5.      M. Hidayatullah (Ed.), Constitution of India

6.      M.P.Jain, Indian Constitutional Law

7.      Subba Rao G C V, Indian Constitutional Law

8.      Saharay H K, Constitution of India

10.       Pylee M.V, Our Constitution, government & politics

11.       Tope T K, Constitutional Law of India

Essential Reading / Recommended Reading

H.M. Seervai, Constitutional Law of India – Vol. I &II

2.      V.N.Shukla , Constitution of India

6.      M.P.Jain, Indian Constitutional Law

Evaluation Pattern

 

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

 

LLM134CAL - CENTRE - STATE RELATIONS AND CONSTITUTIONAL GOVERNANCE (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:3

Course Objectives/Course Description

 

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; and

2.  To understand the Legislative, Administrative and Financial relations between the Centre and the States.

Learning Outcome

On the completion of the course the students will be able to-

1.      Discuss the different forms of government and explain the features and the distinction between them.

2.       Trace the historical background of federalism in India.

3.       To explain the nature of Indian federalism.

4.      To discuss the Legislative relations, Administrative and financial relations between the Centre and the States.

5.        To understand the principles of interpretation of lists.

6.     To explain and discuss the freedom of inter-state trade and commerce.

6.        To discuss the Services under the Union and the States.

7.        To discuss the relations of Centre and the States during emergency.

 

Unit-1
Teaching Hours:7
NATURE OF INDIAN POLITY
 

 

Learning Outcome: At the end of this Unit the students will be able to understand the historical background and the nature of federalism in India.  Students will be able to discuss the different forms of Governments and explain the features and the distincition between them. Students will be in a position to trace the historical background of federalism in India. Further, it enables the students to understand the judicial perspective over the Indian federalism.

 

1.1.       Introduction to the Constitution of India

1.2.       Constitutional law---Constitutionalism

1.3.       Introduction to the concept of Federalism

1.4.       Historical evolution of federal features in India

1.5.       Different forms of Governments-Unitary, Federal and Confederation, their features, merits, de-merits and distinction between them         

1.6.       Nature of Indian Federalism –Dominant features of the Union over the States

1.7.       Judicial Perspective over the Indian federalism

 

 

Unit-2
Teaching Hours:12
LEGISLATIVE RELATIONS BETWEEN THE CENTRE AND THE STATES
 

 

Learning Outcome: At the end of this Unit students will be able to discuss the legislative relations between the Union and   the States.   It shall help the students to understand the principles of interpretation of various lists and the doctrines in relation thereto.

2.1 Doctrine of Territorial Nexus

2.2. Scheme of distribution of legislative powers between Union and States

2.3. Principles of interpretation of lists- Doctrine of Pith and Substance; Doctrine of Colorable Legislation; Doctrine of harmonious construction; Ancillary legislation

2.4. Residuary Powers

2.5. Parliament’s power to legislate on the State List

2.6. Inconsistency between laws passed by Parliament and State legislature

Unit-3
Teaching Hours:10
ADMINISTRATIVE RELATIONS BETWEEN THE UNION AND STATES
 

 Learning Outcome:  On completion of this Unit the students will be able to discuss the administrative relations between the Centre and States in India.

3.1 Distribution of executive powers

3.2. Inter-governmental delegation of powers

3.3. Centre’s directive to State &other Constitutional provisions

3.4. All India services

3.5. Co-operative federalism; disputes relating to waters, Inter-State Council

 

Unit-4
Teaching Hours:12
FINANCIAL RELATIONS BETWEEN THE UNION AND THE STATES
 

 

Learning outcome: At the end of this Unit the students  will be able to discuss the financial relations between the Union and the States in India.  The students will also be able to explain the role of finance commissions in the Centre- State relationship.  Students will also understand the borrowing powers and cooperative federalism.

4.1 Introduction to Allocation of taxing powers-Central taxes, State Taxes, Concurrent Taxes, No tax outside the tax entries

4.2. Funds-Consolidated and Contingency funds

4.3. Public Accounts

4.4. Tax and Fees

4.5. Restrictions on taxing powers

4.6. Inter-Government Tax immunities

4.7. Tax-sharing

4.8. Grants-Grants-in-lieu; Grants-in-aids; Specific Purpose Grants

4.9. Finance Commissions

4.10. Borrowing Powers

Unit-5
Teaching Hours:6
FREEDOM OF TRADE, COMMERCE AND INTERCOURSE
 

Learning Outcome: At the end of this Unit the students will be able to explain and discuss the freedom of Trade and commerce.

 5.1 Introduction to Freedom of Trade, Commerce and Intercourse

5.2 Regulatory and Compensatory Tax

5.3 Restrictions on Freedom of Trade and Commerce – Parliament’s Power to regulate trade and commerce in public interest; States power to regulate trade and commerce; Savings of existing laws

Unit-6
Teaching Hours:8
SERVICES UNDER THE UNION AND THE STATES
 

    Learning Outcome: On completion of this Unit aims to help the students discuss the various provisions of the Constitution with regard to the Services under the Union and the States.

      6.1  Recruitment and Regulations of Conditions of Services

      6.2  Doctrine of Pleasure-Restrictions on Doctrine of Pleasure

      6.3  Constitutional Safeguards to Civil Servants

      6.4  Public Service commission-Appointment of Member of Public service commission

      6.5. Functions of Public Service Commission

 

 

 

 

Unit-7
Teaching Hours:5
EMERGENCY PROVISIONS
 

Learning Outcome: On completion of this Unit the students will be able to explain and discuss the various emergency provisions in the Constitution of India and the relationship between the Centre and States during emergency.                               

7.1  National Emergency

7.2  State Emergency

7.3  Financial Emergency

Text Books And Reference Books:
  1. A.G. Noorani, (ed.), Centre State Relations in India, Bombay: Lesley SaehneyProgrammeforTraining, 1972.
  2. Ashok Chandra, Federalism in India    
  3. De JatindraRanjan, Development of Federalism in India, Gauhati :Bani Prakashani,1974
  4. Desai, Justice D.A. Prasad Anirudh, Centre And State Powers Under Indian Federalism
  5. Dr. Subhash C. Kashyap,  The Framing of India’s Constitution- A study & Constitution making since 1950- An Overview    
  6. Dr. Subhash C. Kashyap, Constitution of India: Review and Reassessment
  7. Dr. Subhash C. Kashyap, Indian Constitution-Conflicts and Controversies
  8. Dr. Subhash C. Kashyap, Commentary on Constitution of India     
  9. Dr.Subhash C. Kashyap, Our Constitution-An Introduction to India’s Constitution and Constitutional Law, 5th edition reprint 2014.
  10. G.C.V Subbarao, Legislative powers in Indian Constitutional Law.
  11. Glanville Austin, The Indian Constitution: Cornerstone of a nation, Delhi; Oxford University Press.
  12. H.M. Seervai, Constitutional Law of India – Vol.I&II
  13. K.C.Wheare, Federal Government.
  14. K.P. Krishna Shetty, the Law of Union-State Relations and Indian Federalism.
  15. K.Subba Rao, the Indian Federation.
  16. Kabbur, A.S. Centre-State Relations in India, New Delhi: Trust Books, 2004
  17. Keith A.B. , Constitutional History of India
  18. L.M Singhvi, Union-State Relations in India
  19. M.P Jain, Outlines of Indian Legal History.
  20. M.P.Jain, Indian Constitutional Law. 
  21. M.V Pylee, Constitutional History of India 
  22. Monica David, Indian Legal and Constitutional History, 1600-1949, Vimala Publications, 1968.New Delhi: Deep & Deep Publications, 1981 
  23. O. P. Sharma, Financial Relations Between Centre & States and Local-Self Governments in India
  24. Pal, Chandra Centre-State Relations and Cooperative Federalism, New Delhi: Deep & Deep Publication, 1983
  25. Pande G S, Constitutional law of India 
  26. Prasad, Anirudh Centre-State Relations in India, New Delhi:  Deep & Deep Publications,1985.
  27. Pylee M.V Our Constitution government & politics
  28. Rama Jois M, Legal and Constitutional History of India. 
  29. Rama Jois, Services under the States, Indian law Institute, New Delhi
  30. Saharay H K, Constitution of Indi
  31. Samaraditya Pal,India’s Constitution –origins and evolution (Constituent Assembly debates, Lok Sabha debates on constitutional amendments and Supreme Court judgments,2014
  32. Seetalvad’s  Lectures on Constitutional law
  33. Setalvad M.C, Constitutional History of India. 
  34. Shubh Narayan Singh, Centre state relations in India: major irritants & post-Sarkaria review
  35. Subba Rao G C V Indian Constitutional law
  36. Subbarao’s Lectures on Constitutional law
  37. Telang’s Lectures on Constitutional Law
  38. Tope T K ,Constitutional law of India by Justice Sujata Manohar, Eastern book company
  39. V.D. Sebastian, Indian Federalism: the Legislative Conflict.
Essential Reading / Recommended Reading

1. Federalism In India, Benjamin N. Schoenfeld, Http://Www.Jstor.Org/Stable/42743497

2. Federalism : A Conceptual Analysis,  S. A. Paleker,  The Indian Journal Of Political Science, Vol. 67, No. 2 (Apr.- June, 2006), Pp. 303-310,  Indian Political Science Association, Http://Www.Jstor.Org/Stable/41856217

3. United In Diversity? Asymmetry In Indian Federalism,Louise Tillin, Http://Www.Jstor.Org/Stable/4624781

4. Coalition Government And Federal System In India, M.G. Khan Http://Www.Jstor.Org/Stable/41855780

5, The Nature Of Indian Federalism: A Critique, H. M. Rajashekara,Http://Www.Jstor.Org/Stable/2645661

6. The Indian Union And Emergency Powers, Krishna K. Tummala, Http://Www.Jstor.Org/Stable/1601275

7. Finance Commission In A Federal Set-Up,Vinod Vyasulu,  Http://Www.Jstor.Org/Stable/4404650

8. Dr. B. R. Ambedkar And Making Of The Constitution: A Case Study Of Indian Federalism, K. H. Cheluva Raju,Http://Www.Jstor.Org/Stable/41855548

9. Ramaswamy R. Iyer, Inter-State Water Disputes Act 1956: Difficulties And Solutions, Http://Www.Jstor.Org/Stable/4412360

10. Federalism And Water Resources, Ramaswamy R. Iyer,Http://Www.Jstor.Org/Stable/4400999

11. Ga.Akerlof,Centre-Statefiscalrelations In India -Www.Jstor.Org/Stable/29794022

12. H. M. Rajasekhara, The Nature Of Indian Federalism: A Critique -Www.Jstor.Org/Stable/2645661

13. Balveer Arora, India’s Experience With Federalism: Lessons Learnt And Unlearnt, Www.Uni-Bielefeld.De/Midea/Pdf/Balveer.Pdf

Evaluation Pattern

 CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

 

                                                                                                    TOTAL 100%

LLM135CAL - ADMINISTRATIVE LAW (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:3

Course Objectives/Course Description

 

 

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.

 

Learning Outcome

 

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

 

·         Identify the nature, scope, necessity and development of Administrative Law;

 

·         Analyse the working of the administrative adjudication system and control mechanism of administrative discretionary power;

 

·         Provide a critique of the remedies available against administrative actions;

 

·         Analyse the working of the administration vis-à-vis rights of citizens;

 

·         Explain and examine the working of the doctrine of pleasure in India; and

 

·         Examine the role and liability of public undertakings in the light of privatisation.

 

 

 

Unit-1
Teaching Hours:12
Fundamentals of Administrative Law
 

1.1.       Evolution, definition, nature, scope and significance of Administrative Law in various system of governance from ancient to modern.   Development of Administrative law in USA, UK and India, and Droit Administratiff and Conseild’etat in France.           

1.2.       Constitutional dimensions of administrative law and its relationship, Role of administrative law in welfare state and relationship between constitutional and administrative law.

1.3.       Rule of law and separation of powers.

1.4.       Classification of power, delegation of legislative power and control.

1.5.      Read Light theory, Green Light theory and Amber light theory.

Unit-2
Teaching Hours:12
Procedural fairness and Administrative Discretionary power
 

2.1.         2.1  Evolution and significance of principle of Natural justice

2.2.         2.2.   Right to fair hearing – audi alteram partem – Administrative cases – statutory hearing- reasoned decision and its exceptions .:         nemojudex in causa sua -Rule against bias , Kinds of bias and exceptions

2.3.         2.3.   Administrative Discretionary power – definition, its scope, nature and relevance in the present day context, with the support of right to information Act, 2005.use, misuse, abuse and non-use of discretionary power.

2.4.            2.4.Judicial control over Administrative Discretionary power – Retention, Dictation and Abuse of Administrative power.

2.5.           2.5. Ombudsman Lokpal and Lokayukta

Unit-3
Teaching Hours:12
Judicial review of Administrative action
 

3.1.        3.1.    Nature extent and limitation of Administrative action in India. Judicial control over Administrative action- remedies for Administrative wrongs, Writs Remedies.

3.2.         3.2.   Limits of Judicial review-Locus standi and PIL- Laches-Resjudicata and Doctrine of exhaustion of alternative remedies – Doctrine of Standing and Doctrine of Ripeness

3.3.         3.3.   Statutory Remedies – General and Specific statutory remedies for administrative action.

3.4.         3.4.   Administrative process- judicial control- Liabilities and   accountabilities of the states- Administrative Tribunals

Unit-4
Teaching Hours:12
Governmental privilege, Official Secrecy and Access to information
 

4.1.       Governmental Privileges- withholding of documents and evidence-Official Secrets Act,1923. Rebuttal of governmental privileges

4.2.       Governmental Privileges position in England and India.  Right to Information Act, 2005. 2019 amendment to RTI Act.

4.3.       Doctrine of Legitimate Expectation and its constitutional dimensions and limitations. Public utility services.

4.4.       Nature and Extent of Doctrine of proportionality and wednesbury principle.

4.5      Doctrine of Public Accountability.

Unit-5
Teaching Hours:12
Protections of civil servant, Administrative Adjudication and Public undertakings and corporations
 

5.1.       Constitutional protection of civil servants, need for protection of civil servants. Lacunae in the protection.

5.2.       Terms and condition of service, tenure of office – the doctrine of pleasure its extent and limitations and exceptions, Administrative Adjudication –Exclusion clause and Administrative Tribunals and Special Court Act – 1979.

5.3.       Nature, Constitution and powers of Public Undertakings and control over them. 

5.4.       Privatization of public corporations and its impact in India on concept of state.

Text Books And Reference Books:

1.        Basu, Durga Das, Administrative Law.

2.        De Smith - Judicial Review of Administrative Action, 6th Revised Edition 2006, Sweet and Maxwell Publication.

3.        Garner’s – Administrative Law, 8th Edition 1996, Oxford University press

4.        H.W.R. Wade and C.F. Forsyth - Administrative Law, 10th Edition 2009, Publication-Oxford University Press,New York.

5.        I. P. Massey - Administrative Law, 7th Edition 2008. Publication-Eastern Book Company, Luck now.

6.        Jain, M.P., Cases and Materials on Indian Administrative Law, Nagpur: Lexis Nexis, India.

7.        M. P. Jain & S. N. Jain, Principles of Administrative Law, Nagpur: Lexis Nexis, India, 2010.

8.        Richard J Pierce & Kenneth Culp Davis, Administrative Law treatise

9.        S. P. Sathe - Administrative Law, 7th Edition 2006. Lexis Nexis, Butterworth’s Publication.

10.    Subba Rao, G C V, Administrative law

Essential Reading / Recommended Reading

1.      Ajoy P.B., Administrative Action and the Doctrine of Proportionality in India, http://www.iosrjournals.org/iosr-jhss/papers/Vol1-issue6/D0161623.pdf

2.      Justice MarkandeyKatju., Administrative law and judicial review of administrative action, http://www.ebcindia.com/lawyer/articles/2005_8_25.htm

3.      Anupa V. Thapliyal, Central Administrative Tribunals and Their Power to Issue Directions, Orders or Writs Under Articles 226 and 227 of the Constitution, http://www.ebc-india.com/lawyer/articles/92v4a4.htm

4.      ShubhamManojKhare, Administrative Discretion & Limitation on Administrative Discretion By Article 14 & 16 of the Indian Constitution, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1465519

5.      D.Y.Chandrachud,Constitutional and Administrative Law in India, http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1142&context=ijli

6.      Prof. S.S. Vishweshwaraiah, Emerging Trends In Administrative Law, http://elearning.vtu.ac.in/P3/CIP71/5.pdf

7.      A. T. Markose, ‘Judicial Control of Administrative Action in India. A Study in Methods.’http://www.jstor.org/stable/pdfplus/1337434.pdf?acceptTC=true

8.      Y Pardhasaradhi, Ravinder Kaur, Administrative Reforms for Good Governance, http://socialsciences.in/article/administrative-reforms-good-governance

9.      162nd Report of the Law Commission on Central Administrative Tribunal, http://lawcommissionofindia.nic.in/101-169/report162.pdf

Evaluation Pattern

 ·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

CIA 1 shall be an assignment on selected topics.

CIA 3 shall be a research paper.

LLM136CAL - PUBLIC POLICY AND DEVELOPMENT (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:3

Course Objectives/Course Description

 

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 industrial 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 

Learning Outcome

 

At the end of the course students will be able:

1.      To explain the nature, scope and the concept of public policy and development with reference to India

 

2.      To identify the nature and scope of health care policy; and analyse them

 

3.      To examine nature, scope and application of energy and environment policy

 

4.      To evaluate the nature and scope of education policy in India.

 

5.      To examine and interpret the application of economic and industrial policy in the perspective of globalisation

 

 

Unit-1
Teaching Hours:12
NATURE AND EXTENT OF PUBLIC POLICY
 

1.1.       Significance of policy making & implications on society

1.2.       Policy making process – formulation, adoption implementation and evaluation, Indicators for determining Issues (how widespread a problem, How troublesome, How long a problem, Costliness of the problem, What if the issue is kept off  Public agenda) formulation, adoption implementation and evaluation- [Does the Policy make sense(Quantitative approach and qualitative approach)]

1.3.       Policy Advocacy- Surveying Policy making Landscape(Public officials, Mass Media, Interest Groups, Political Parties, Bureaucracy, Citizens as Individuals and in Small groups, Agenda building In Perspective)

1.4.       Goals underlying policy making - Equity, Efficiency, Welfare, Liberty and Security Means and methods of implementation-( Executive as Implementation Agents, Requirements for Implementation, Conditions for discouraging Implementation, Bureaucrats as Public Policy makers)

1.5.       Domestic Policy v Foreign Policy

Unit-2
Teaching Hours:12
HEALTH CARE POLICY
 

2.1. Public Health Policy – Constitutional and statutory basis

2.2. Coverage of policy – Universal or selective

2.3. Medicare and Medicaid

2.4. Law and public health policy

2.5. Policy reform and evaluation

Unit-3
Teaching Hours:12
ENERGY AND ENVIRONMENTAL POLICY
 

3.1.Energy Policy – formulation and implementation

3.2. Energy crisis and protection of Natural resources

3.3. Environmental Policy – Elements, Concept of Development Sustainable development, Brundtland Report on Sustainable Development, Policy Initiatives of the State for development-Urban/Rural Development-73 and 74 Constitutional Amendments.

3.4. Normative structure of environmental policy

3.5. Institutional functions of implementation of Environment policy

Unit-4
Teaching Hours:12
EDUCATION POLICY
 

4.1. Elements of Education Policy 

4.2. Right to education – scope and content

4.3. Adult education and women’s education

4.4. The Right to Education Act – An Appraisal

4.5. Commercialization of education: causes and consequences

Unit-5
Teaching Hours:12
ECONOMIC AND INDUSTRIAL POLICY
 

5.1. Globalization and economic policy

5.2. Globalization and industrial policy

5.3. International Trade Policies and their impact on domestic policies

5.4. Legislative response to economic and trade policy

5.5. Judicial role in evaluation of economic and industrial policies.

5.6. Foreign Direct Investment Policy

5.7. Information Technology Policy

Text Books And Reference Books:

1.      Deborah Stone, Policy Paradox, The Art of Political Decision Making

2.      J.E. Anderson, Public Policy  Making, Boston Houghton Miffin1990

3.      Michael E. Craft and Scott. R. Furlong., “ Public Policy – Politics analysis and alternatives”

4.      P.H. Applebey, Policy& Administration, Alabama Univ.Press1957

5.      Pankaja  P B, Industrial Policies in India, CLJ

6.      R.K. Sapru, Public Policy, Delhi Sterling 1994

7.      S.S. Nagel, Policy Theory and Policy Evaluation, Concepts Knowledge, Causes & Norms, Delhi, Greenwood Press 1990

8.      T.D. Dror, Understanding Public Policy Englewood’s Cliffs NJ Prentice hall,1984

9.      W. Dunn, Public Policy Analysis: An Introduction, Englewood’s Cliffs NJ Prentice hall, 1984

Essential Reading / Recommended Reading

1.      Deborah Stone, Policy Paradox, The Art of Political Decision Making

2.      J.E. Anderson, Public Policy  Making, Boston Houghton Miffin1990

3.      Michael E. Craft and Scott. R. Furlong., “ Public Policy – Politics analysis and alternatives”

4.      P.H. Applebey, Policy& Administration, Alabama Univ.Press1957

5.      Pankaja  P B, Industrial Policies in India, CLJ

6.      R.K. Sapru, Public Policy, Delhi Sterling 1994

7.      S.S. Nagel, Policy Theory and Policy Evaluation, Concepts Knowledge, Causes & Norms, Delhi, Greenwood Press 1990

8.      T.D. Dror, Understanding Public Policy Englewood’s Cliffs NJ Prentice hall,1984

9.      W. Dunn, Public Policy Analysis: An Introduction, Englewood’s Cliffs NJ Prentice hall, 1984

Evaluation Pattern

·         CIA I – Class Test / Assignment / Presentation            – 10%

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

LLM151CAL - FOUNDATION COURSE (2021 Batch)

Total Teaching Hours for Semester:45
No of Lecture Hours/Week:4
Max Marks:100
Credits:2

Course Objectives/Course Description

 

 

In order to lay a strong foundation for the study of law at the Post graduate level, this course is designed to give an insight into the nature, purpose , role of law in the society and the various perspectives and critique of law. Further the students will be given a brief understanding of  basics of law and economics and legal research.  Students will also be given an insight into developing various soft skills  in order to enhance their capacities to build a strong foundation for their profession. 

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.

Learning Outcome

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

  • explain the nature, evolution, purpose, role of law in the society.
  • understand and examine the various theories, concepts and principles involved in the study of law.
  • discuss and analyze the nature of judicial process and precedent in English law.
  • develop the ability to engage in reflective and critical thinking of law.
  • understand the basics of law and economics and legal research
  • develop their research, reading, writing and communication skills.

 

Unit-1
Teaching Hours:9
INTRODUCTION TO JURISPRUDENCE
 

1.1           Nature of Jurisprudence

1.2        Schools of Jurisprudence-Natural law, Positivism, Pure science of law, Historical, Sociological, Realism, teleological school

1.3           Evolution and definition of law

1.4            Sources of Law

1.5           The Technique of the law-Classification, Titles, Acts, Events

1.6           Public Law-Law and the State, Criminal law

1.7           The concept of Legal Personality

1.8           Rights  and Duties

1.9           The Concept of Property

1.10       Possession and Ownership

1.11       Law of Procedure

Unit-2
Teaching Hours:8
THE CONCEPT OF LAW-H.L. A. HART
 

2.1  Laws, commands and Orders

2.2  The variety of Laws

2.3  Sovereign and subject

2.4  Law as the Union of Primary and Secondary Rules

2.5  The foundations of a Legal system

2.6  Formalism and Rule Skepticism

2.7  Justice and Morality

2.8  International Law

Unit-3
Teaching Hours:7
TAKING RIGHTS SERIOUSLY-RONALD DWORKIN
 

3.1  Introduction

3.2  Model Rules I and II

3.3  Hard cases, Constitutional Case

3.4   Justice and Rights

3.5  Taking Rights seriously

3.6  Civil Disobedience

3.7  Reverse discrimination

3.8  Liberty and Moralism; Liberty and Liberalism

Unit-4
Teaching Hours:7
NATURE OF JUDICIAL PROCESS-BENJAMIN CARDOZA
 

4.1  Introduction-The Method of Philosophy

4.2  The Methods of History, Tradition and Sociology

4.3  The Method of Sociology, The Judge as a Legislator

4.4  Adherence to Precedent- The Subconscious element in the Judicial Process

Unit-5
Teaching Hours:7
PRECEDENT IN ENGLISH LAW-RUPERT CROSS
 

5.1  The English Doctrine of Precedent

5.2  Ratio Decendi and Obiter Dictum

5.3  Stare decisis and exceptions to stare decisis

5.4  Precedent as a source of law; Precedent and Judicial Reasoning; Precedent and legal theory

Unit-6
Teaching Hours:3
LAW AND ECONOMICS
 

6.1. Basics of Law and Economics

Unit-7
Teaching Hours:2
SOFT SKILLS
 

7.1. Public speaking

7.2. Communication skills-Reading and writing

Unit-8
Teaching Hours:2
INTRODUCTION TO LEGAL RESEARCH
 

8.1. Basics of legal research

Text Books And Reference Books:
  1. Taking Rights Seriously-Ronald Dworkin
  2. Nature Of Judicial Process-Benjamin Cardoza       
  3. Precedent In English Law-Rupert Cross     
  4. The Concept Of Law-H.L. A. Hart
  5. A Text book on Jurisprudence, G. W. Paton
  6. Principles of statutory interpretation, G.P. Singh
Essential Reading / Recommended Reading
  1. Taking Rights Seriously-Ronald Dworkin
  2. Nature Of Judicial Process-Benjamin Cardoza       
  3. Precedent In English Law-Rupert Cross     
  4. The Concept Of Law-H.L. A. Hart
  5. A Text book on Jurisprudence, G. W. Paton
Evaluation Pattern

Examination at the end of the course.

LLM152CAL - RESEARCH METHODS AND LEGAL WRITING (2021 Batch)

Total Teaching Hours for Semester:60
No of Lecture Hours/Week:4
Max Marks:100
Credits:4

Course Objectives/Course Description

 

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 with basics of legal research. Unit II deals with Research problem, hypothesis, Research design and sampling. Unit III deals with Research Methods and tools. Unit IV deals with Tabulation, analysis, interpretation and 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. 

 

Learning Outcome

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

1.      Survey literature to identify gaps in the existing body of knowledge.

2.      Students will be able to write a Literature Review.

3.      Formulate research problem and identify research questions.

4.      Analyse the issues related to applicability of scientific methods in legal research.

5.      Apply appropriate research method.

6.      Draw appropriate suggestions and conclusions based on sound logical legal reasoning.

 

 

Unit-1
Teaching Hours:12
BASIC OF LEGAL RESEARCH