Syllabus for
Master of Law (Constitutional and Administrative Law)
Academic Year  (2022)

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:

PO1.2: Explain the concepts, doctrines, maxims and principles of law.

PO1.3: Analyze and interpret the law and use it to further the client's interests or for furthering academic research .

PO1.4: Critically evaluate Indian laws as against laws in different jurisdictions and appreciate the competing and the conflicting notions.

PO1.5: Suggest amendments/ modifications to the existing laws to cover shortcomings in the law.

PO2: Critical Thinking, Legal Reasoning and Research Skills

PO2.1: Formulate research problems and identify research questions.

PO2.2: Apply sound logical & legal reasoning skills and construct valid arguments towards resolving of legal issues

PO2.3: Contribute to the existing body of knowledge and suggest improvements to the law.

PO3: Teaching Skills

PO3.2: Engage students effectively in the teaching-learning process

PO4: Academic Integrity and Professional Ethics

PO4.1: Exhibit academic integrity and ethical behavior in all academic endeavors.

·         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

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

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

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

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

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.

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

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

• 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%

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.     To explain and analyse the ‘right to equality’; 

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

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

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

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

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

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.

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

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

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

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

2.      V.N.Shukla , Constitution of India

6.      M.P.Jain, Indian Constitutional Law

·         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%

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: 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

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

 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

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

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

    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

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

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

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.

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.

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

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

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.

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.

1.        Basu, Durga Das, Administrative Law.

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

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

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

5.        I. P. Massey - Administrative Law, 7^th 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, 7^th Edition 2006. Lexis Nexis, Butterworth’s Publication.

10.    Subba Rao, G C V, Administrative law

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

·         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.

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 

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

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

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

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

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

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

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

·         CIA II – Mid Semester Examination                                  – 25%

·         CIA III – Research Topic                                                     – 10%

·         Attendance                                                                            – 05%

·         End Semester Examination                                                – 50%

                                                                                                    TOTAL 100%

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.

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

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

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

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

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

6.1. Basics of Law and Economics

7.1. Public speaking

7.2. Communication skills-Reading and writing

8.1. Basics of legal research

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: On completion of this UNIT students will be able to understand the basics of research, kinds of research and scientific methods.

1.1.Meaning, objectives of legal research

1.2. Characteristics of scientific method – applicability of scientific method

1.3. Kinds of Research

1.4. Concepts and constructs- relationship between theory and fact

1.5.Stages of Research Process

Learning Outcome: On completion of this UNIT students will be able to understand broadly the criteria for identification of Research Problem  Definition, Determination, Sources of Data, Hypothesis – Meaning and definitions, Characteristics, Research Questions and Hypothesis, Research Design – Meaning and essentials of Research Design, Forms and  major steps in  Research Design.

2.1         Research Problem – Definition, Determination, Sources of Data

2.2         Hypothesis – Meaning and definitions, Characteristics, Research Questions and Hypothesis

2.3         Research Design – Meaning and essentials of Research Design, Forms of Research Design, and major steps

2.4         Testing of Hypothesis

2.5         Sampling techniques – definition, basic assumptions, classifications

3.1.         

  3.1.Social and legal survey

                      3.2.Case Study method

3.3.            3.3. Jurimetrics

3.4.            3.4. Interview, Questionnaire and Schedule

3.5.            3.5. Observation  -Hawthorne effect / observation bias

3.6.            3.6. Doctrinal and Non doctrinal /Empirical Methods of Research