Course Offer

Paper LL.M. – 401

Jurisprudence
Units:

1. Nature of Jurisprudence, Socialist Jurisprudence
2. A critical survey of classical legal theories, schools, sociology of law and law and society.
3. Sources of law, Theories of Justice, Concept of law, Contemporary legal theories, Marxian and Marxist Theory of Law.
4. Theories of Rights, Rights and Duties, Ownership and Possession, The functions of Law in Economics, Theories of Justice and Economic Thought.
5. Liability, negligence and obligation.
6. Comparative Jurisprudence, Comparative Legal System.

Selected Bibliography:

Indian Leal History and Constitution Law (India & U.K)
Units:

1. The Rise and Growth of East India Company. Comparative Colonial Incursion. Civil Law in India. Early Period of Legal. Legal History of India (before and after 1773).
2. The Impact of Emerging Economic Structures on “Personal Law Systems”. Establishment of High Courts and Supreme Court of India. Labour exploitation, Nascent Capitalism and the Nationalist Movement.
3. Approaches to Law and Justice during the Nationalist Struggle, Mohondas Karamchand Gandhi’s theory of State, Political and Legal obligation.
4. Nature and Scope of Constitution, Various type of Constitution, Constitutionalism, Pluralism and Federalism.
5. Fundamental Rights and Directive Principles, Centre- State Financial Relations- Judiciary, the Indian Judicial Process, Law, Language and Conflict.
6. Executive and Emergency Provisions, Constitutional Amendments with Case Laws, Law Reform proposals.

Selected Bibliography:

Principles of Legislation and Interpretation of Statutes
Units:

1. Law and Public Opinion. Law and Social Change in India. Object of Civil and Criminal Legislation, anticipated goals and Obstacles. Correlation between public opinion and legislative formulation.
2. Judicial Legislation and Codification of Laws.
3. Legislative Drafting: Principles and Methods. Judicial Process: Nature and Scope.
4. Interpretation of Statutes: Basic Principles & Guiding Rules : Internal and External Aids to Construction.
5. Subsidiary Rules:
   • Same Word same meaning
   • Rules of Last Antecedent
   • Non Obstante Clause
   • Mandatory and Directory Provisions
   • Rules of Ejusdem Genesis
   • Maxims of Interpretation
6. Some major problems and trends in legislative formulation in a modern Welfare State; Prospective and Retrospective Operation of Statutes. The General Clauses Act. (X of 1897).

Paper LL.M. – 404

Administrative Law
Units:

1. Nature and Scope of Administrative Law. Development and Importance, Rule of Law, Seperation of Power; |Classification of Administration Power.
2. Delegated Legislation – its control and Constitutional limits.
3. Principles of Natural Justice, Absence of Bias, Audi alteram Partem, reasoned decision, Institutional decision.
4. Judicial review of Administrative action and Legislation and Administrative discretion. Law of writs and Constitutional Protection to Public – servants, Judicial review of service matters, Jurisdiction of the Supreme Court and High Courts.
5. Administrative adjudication : Judicial Control of Tribunal , State Liability.
6. Ombudsman, Lokpal.

Selected Bibliography:

Legal Research and Methodology
Units:

1. Concepts of Research ; Scientific Methods : Science, Theory of facts, purpose of Social Science Research
2. Scope of Legal Research Design.
3. Hypothesis and Research Design:
   • Definition of Hypothesis, Formulation of Good Hypothesis and its sources
   • Steps in the preparation of Research Design.
4. Sampling Techniques
   • Uses and Advantage in Research,
   • Random Sampling
   • Simple Sampling
   • Simple Random
   • Stratified Random
   • Systematic Random
   • Non- Random Sampling
   • Haphazard, Availability and Purpose.
5. Research Tools : Observation, Interview, Questionnaires and Survey.
6. Case study, Content analysis, Data processing and analysis and research Report.

Selected Bibliography:

1. General Principles of Public International Law.
2. State Responsibility, Recognition and State Succession.
3. Nationality, Extradition, Asylum, Diplomatic and Consular, Immunities and Sovereign Immunities
4. Law of Seas, Sea-Bed, Ocean Floor, and Air Space.
5. Law of Treaties and Treaty Law of India.
6. Settlement of international Disputes, Use of Force and International Law.

Selected Bibliography:

Private International Law
Units:

1. Definition, Nature and Scope of Private International Law.
2. General Principles of Law Relating to Jurisdiction and Classification.
3. Family Law.
4. Law of Property and Obligation.
5. Foreign Judgments Recognition.

Selected Bibliography:

Paper LL.M. – 513

International Organization
Units:

1. Evolution of International Organization: The Concert of Europe. The League of Nations and the United Nations.
2. United Nations as a Constitutional and Political System. Organ and their Function: Law of Creating Processes including Resolutions and Declarations of the General Assembly and Specialized agencies. Financing and Problems of financial crisis; Amendment Process Secretary General of the United Nations.
3. The Political Process. Blocks and Alliances; India and the United Nations.
4. Peace – Keeping.
   U.N. Peace – Keeping Function: U.N. Peace- Keeping Force-Case Studies Problems of Peace –Enforcement through the U.N.
5. International Court of Justice : Dispute Settlement machinery of the United Nations.

Selected Bibliography:

Paper- LL.M. – 514

Law of Human Rights.
Units:

1. Panoramic View of Human Rights. Historical, Philosophical and Legal Concept of Human Rights. Human Rights in Non-Western Though: Awareness of Human Rights during the Nationalist Movement.
2. International Human Rights Norms and Standards, Universal Declaration of Human Right: U.N. Government on Human Rights. Human Rights and Conventional International Law.
3. Human Rights in Indian Law. The Dichotomy of Fundamental Rights and Directive Principles in the Indian Constitution. The Interactive Between Fundamental Rights and Directive Principles. Right not be Subject to Torture, Inhuman or Cruel Treatment.
4. Minority Rights :
   Schedule Caste: Schedule tribes, Women and Children, Bonded Labours and Refugees, Scope of Protection.
5. Modalities for the Protection of Human Rights, Reporting; Free Press- its Role in Protecting Human Rights, Right to Due Process of Law, Public Interest Litigation, Legal Aid, People’s Participation in Protection of Human Rights.
6. Conventions of Human Rights. European Commission / Court of Human Rights ; Minorities Commission; Human Rights Commission ; Remedies Against Violation of Human Rights.

Selected Bibliography:

Paper LL.M. – 515

Environmental Law
Units:

1. The Meaning of Environment. Nature and Scope. Theories of Development, Subjects matter of Environmental Law.
2. Types of Environmental Laws; Forest Laws, Tenancy Laws, Land Development and Reforms Law, Industrial and Factory Laws, Essential Commodities Laws, Conservation of forest, Wild Life and Energy Laws, Protection against Pollution Laws, Protection against Hazardous.
3. The Judicial Responses to the protection of Environment through Courts Direction, Issues of Distributive justice ( The Constitutional Principles- e.g. Art 399- International Conventions and Treaties.)
4. Natural Rights Theories :Right to life, right to livelihood, right to reside, right to development. The Right to future generations.
5. Ecologically Sustainable Legal Strategies. Destruction of Wild Life due to Hydro-Electric and Irrigation Projects and the Legal Framework for its Protection. Legal Protection of inland water resources and marine. Wild life alternative legal strategies, legal framework for protection and development of Sanctuaries. Parks, Zoos and environment.
6. Public Interest Litigation, people participation in the promotion and protection of environment.

Selected Bibliography:

1. History and Development of criminal law; definition of criminal law, classification of; offences ; justification of punishment.
2. Elements of crime: Actus reus and mens rea; intention and negligence; malice
3. Stage of crime; contemptation; Preparation Attempt and commission
4. Preliminary crimes: incitement, criminal conspiracy and attempt
5. Parties to crime: Strict liability, vicarious liability, corporation and exception to strict liability.

Selected Bibliography:

LL.M. Paper – 522

Law of Crimes
Units:

1. The nature and application of the Indian Penal Code, General explanations and punishment.
2. Offences against the person; Homicide; Hurt; Wrongful restraint and confinement; criminal force and assault; kidnapping and sexual offences.
3. Offences against the property; Theft, extortion; Robbery and decoity; Criminal misappropriation; Criminal breach of trust; Cheating; mischief and criminal trespass.
4. Offences against the marriage; Criminal intimidation; insult and annoyances and defamation.
5. Offences against the state: Offences against the public tranquillity; offences by or relating to public servants; contempt of the lawful authority of public servants and offence of false evidence and offence against public justice.
6. General defences: Excusable and justifiable.

Selected Bibliography:

LL.M. Paper – 523

PENOLOGY
Units:

1. Punitive Politics: Historical Evolution and Modern Theories and Trend.
2. Punishment : Theories of Punishment; |Capital Punishment; Modern form of Punishment and their justifications.
3. Special jurisdiction and Agencies for Specific Division; Viz, juvenile Court, Remand Homes; Correctional Institutions.
4. Juvenile Delinquency; Cause; Legal and Extra- Legal Measures.
5. Police system: Organisation, Crime Control and its other roles.
6. Prison : Evolution and Modern Experimnets; Pre-Trail Ddetention and Release, Parole, Prison Systems.

Selected Bibliography:

LL.M. Paper – 524

CRIMINOLOGY
Units:

1. Scope, Perspective and Object of Criminology, Legal & Sociological Concepts of Crime, Conception of Cause of Crime.
2. Crime and Criminal Law; Lambroso Theories; Frustration Aggression Theories.
3. Instinct Theories: Psycho analytical theories, Anomic, Culture, Transmission theories.
4. Marxian and Socialist Approaches: Bonger “Conflict” Criminology Social Relations and Cause of Crimes.
5. Criminal Personality and Habitual offenders.
6. Organized Crimes; White Collar Crimes; Problem of While Collar Crime in India.

Selected Bibliography:

LL.M. Paper – 525

Comparative Criminal Procedures and Evidences
Units:

1. Court: Power and Jurisdiction.
2. Arrest: Search and Bail.
3. Trail and Jury.
4. Principles of the Law of Evidence; Admissibility of Evidence.
5. Fact; Proof; and Burden Proof.
6. Documents and Witnesses.

Selected Bibliography: