Department of
SCHOOL-OF-LAW






Syllabus for
Master of Law - LLM (Constitutional and Administrative Law)
Academic Year  (2019)

 
1 Semester - 2019 - Batch
Paper Code
Paper
Hours Per
Week
Credits
Marks
LLM132CAL COMPARATIVE PUBLIC LAW 4 4 100
LLM133CAL FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES 4 4 100
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 - 2019 - Batch
Paper Code
Paper
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
        

  

Assesment Pattern

Continues internal assessments for theory course 50%, end semester examination 50%

Examination And Assesments

Continues internal assessments for theory course 50%, end semester examination 50%

Department Overview:
School of Law, Christ University (SLCU), Bangalore, is a part of Christ University, Bangalore, which was founded and is administered by Carmelites of Mary Immaculate (CMI). CMI, the first indigenous Catholic religious congregation of India with a membership of 2000, renders its service to humanity in educational, social, healthcare and other activities. The parent university, a premier educational institution, is an academic fraternity of individuals dedicated to the motto of excellence and service and already has a proven history of success in the field of education. Though it is a minority institution, Christ University maintains a secular outlook towards education. Students of all castes, religions, creeds and languages are encouraged to be a part of this temple of learning.
Mission Statement:
Vision:Excellence and Service. Mission: To create and pro actively 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:
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 and Directive Principles, Centre-State Relations and Constitutional Governance, Administrative Law, Media Law, Health Law, etc
Program Objective:
Programme Objectives: 1. To impart knowledge in the specific areas of law in order to gain advanced insight into the subjects. 2. To foster an understanding of the latest legal developments in the area of Constitutional and Administrative law, Corporate and Commercial Law and Intellectual Property and Trade Law. 3. To analyze and evaluate the current legal issues and propose solutions. 4. To prepare them for taking up teaching as a career. 5. To contribute to the society through legal aid and awareness camps. 6. To inculcate Research ethics and also contribute to the holistic development of the students. Programme Outcomes: 1. To demonstrate an understanding of the basic concepts, principles, doctrines and theories in their respective specialisations. 2. To enhance their researching skills and aid them to contribute to academic research and publications. 3. To apply the skills of interpretation in advocacy and policy making. 4. To enhance their presentation and teaching abilities. Programme Specific Outcomes: 1. To enable an understanding of the basic concepts and contemporary legal developments in the area of Constitutional and Administrative Law. 2. To enhance advocacy and teaching skills. 3. To assess and contribute to policy making/advocacy through fresh perspectives that arise out of the comparative study of the systems. 4. To develop a sharper academic acumen and will be able to contribute to academic research and publications.

LLM132CAL - COMPARATIVE PUBLIC LAW (2019 Batch)

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

Course Objectives/Course Description

 

The first unit introduces the student to a fundamental   understanding of the term public law by contrasting with the realm of private law and the relationship between the two streams of law. The study traces the evolution of the public law concept from the ancient times to the present and seeks to draw a distinction between the public law and private law.  The study will assess the scope of public law in a world where the trend of retreating public law as well as the phenomenon of advancing public law can be discerned.  The study explores and identifies the basic concepts underlying a robust public law framework and the emerging concepts in administrative law such as public accountability. The second unit encompasses a study of the presidential and parliamentary forms of government. It studies the forms of governance in France, United Kingdom, India and the United States of America and imparts a comparative study of these systems. The third unit deals with the evolution of fundamental rights in USA, France, India and the United Kingdom. The fourth unit deals with the organisation of the legislative and executive powers in the four jurisdictions and the extent and interrelationship between these powers. The fifth unit deals with the organisation of the judiciary and the judicial process. It delves into the basic concepts underlying the judicial process and critically evaluates the increasing tribunalisation of justice. The doctrine of basic structure is studied in the context of the ambit of judicial review.The paper intends to provide a comparative analysis about the structure of government, legislative process and the role of the judiciary to have better understanding of the Indian polity.

 

Learning Outcome

After successful completion of this Unit students will be able to:

1. Understand the concept of public law and its various branches. Further the

students will be provided with information as to how public law differs from

private law and how principles of accountability are important in public law.

2. Distinguish between presidential and parliamentary forms of government

including federal and unitary government.

3. Learn as to how the fundamental rights have evolved overhead a period of time

as socio, economic & political necessity in order that people in a given State will

lead a peaceful and prosperous life with others free from discrimination and

exploitation.

4. Locate and understand the various legislative powers that are vested with the

central and state governments under the Indian constitution including the

subjects that are listed under schedule 7 as union, state and concurrent list and

how the laws can be enacted within their sphere of competence.

5. To have a comprehensive view of the nature and organisation of the higher

judiciary with their roles and limitations under the constitution and also how

important the judiciary is in governance perspective

Unit-1
Teaching Hours:12
Public Law and Governance
 

1.1.          1.1. Nature of Public Law

1.2.           1.2.Distinction between Public and Private law

1.3.            1.3.Scope of Public law – Constitutional law, Administrative law and Criminal law

1.4.            1.4.Basic concepts of Public Law

1.5.          1.5.   Principles of Accountability and Public Law

Unit-2
Teaching Hours:12
Basic Principles of Organisation of Government and Forms of Government
 

2.1         Presidential and Parliamentary forms of Government

2.2         Federal and Unitary Governments

2.3         Government under the U.S. Constitution

2.4         Basic principles underlying Government in France

2.5         Nature of Government in U.K.

2.6         Comparative and differentiating features of governance in India, U.K., U.S.A. and France.

Unit-3
Teaching Hours:12
Nature and Role of Fundamental Rights in Public Law
 

3.1         Evolution of Fundamental Rights in U.K., U.S.A., France and India

3.2         Scope of Fundamental Rights in U.S.A.

3.3         Role of Fundamental Rights in U.K.

3.4         Nature and scope of Rights in France

3.5         Limits to Fundamental Rights

3.6         Public Interest litigation, significance of human rights commissions

Unit-4
Teaching Hours:12
Organisation of the Legislature and the Executive
 

4.1         Organization of Legislature and distribution of legislative powers

4.2         Nature of Legislative Process

4.3         Extent of Executive Powers

4.4         Emergency powers

4.5         Relation between Legislative and Executive powers

Unit-5
Teaching Hours:12
Judiciary and Judicial Process
 

5.1.       Organization of the judiciary

5.2.       Judicial Review and its implementation

5.3.       Basic principles of Judicial Process, Precedents, Stare decisis

5.4.       Evolution and functioning of Tribunals; droit administratiff

5.5.       Theory of Basic Structure

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

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

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

11.  K.C.Wheare, Modern Constitutions.

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

13.  Mason and Beany, American Constitutional law

14.  Rodney Brazier, Constitutional Practice.

15.  Rotunda and Nowak, Treatise on American Constitution.

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

17.  Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law

18.  Vicki C. Jackson, Mark V. HYPERLINK "http://www.google.co.in/search?tbo=p&tbm=bks&q=inauthor:%22Mark+V.+Tushnet%22"Tushnet, Comparative Constitutional Law

Essential Reading / Recommended Reading

 

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

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 (2019 Batch)

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

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. This paper is designed with a view to educate the pupil about the Constitutional rights, duties and policies of the government underlining the relevant legislations which are having wider ramification on the interpretation of the provisions of the Constitution.

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.      Pande G S, Constitutional Law of India

9.      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 (2019 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 Six 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 aims to acquaint the students understand the various provisions in the Constitution with regard to the Services under the Union and the States.

Unit-6 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 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
 

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:15
LEGISLATIVE RELATIONS BETWEEN THE CENTRE AND THE STATES
 

2.1 Doctrine of Territorial Nexus

2.2. Delegated Legislation-permissible limits of delegation

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

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

2.5. Residuary Powers

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

2.7. Inconsistency between laws passed by Parliament and State legislature

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

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
 

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:10
SERVICES UNDER THE UNION AND THE STATES
 

5.1 Recruitment and Regulations of Conditions of Services

5.2. Doctrine of Pleasure-Restrictions on Doctrine of Pleasure

5.3. Constitutional Safeguards to Civil Servants

5.4. Public Service commission-Appointment of Member of Public service commission

5.5. Functions of Public Service Commission

 

Unit-6
Teaching Hours:6
EMERGENCY PROVISIONS
 

6.1  National Emergency

6.2. State Emergency

6.3. 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 (2019 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

After completion of the course the students will be able to:

1. Explain the nature, scope, necessity and development of Administrative Law and action;

2.   Identify distinction between the Constitutional Law and Administrative Law;

3.   Identify the basic rules and principles followed to render administrative justice;

4.   Examine the reasons and evolution of delegated legislation and the functioning of the delegated authorities within the ambit of the power conferred;

5.   Examine the functioning of the special bodies constituted as alternative means for administering justice viz., Administrative Tribunals, Ombudsman, Lokayukta, Lokpal;

6. Analyse the remedies available against administrative actions;

7. Analyze the working of administration vis-a-vis rights of citizens.

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.

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.

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.

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 1 shall be an assignment on selected topics.

CIA 3 shall be a research paper.

LLM136CAL - PUBLIC POLICY AND DEVELOPMENT (2019 Batch)

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

Course Objectives/Course Description

 

COURSE DESCRIPTION

At the end of Unit 1 student will get an understanding about the meaning and scope of public policy, its making process, its goals and the means and methods of implementation. Unit 2 acquaints the students with  constitutional and statutory basis on health care its implications and law and public health policy thus giving an opportunity to perceive the existing health care policy based on this . Unit 3 acquaints the students with the environmental policy, its formulation and implementation thus giving an overall idea about institutional functions of environmental boards and its related policies. At the end unit 4 a student will acquire a deeper insight about the meaning and scope of right to education, adult education and general appraisal on The Right to Education Act. At the end of unit 5 students will be in a position to appreciate the meaning and scope of globalization , International Trade Policies and its impact on domestic policies and legislative response and related trade policy.

COURSE OBJECTIVES

Public policy and development acquaints students with the actors, institutions, and processes of public policy-making in India. It will also help students to develop the analytical tools necessary to think critically about matters associated with the making and implementation of Indian public policy.

Learning Outcome