Kurukshetra university kurukshetra scheme and syllabus


Legislative and Administrative Relations



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Unit-II


  1. Legislative and Administrative Relations

    1. Distribution of Legislative Powers

    2. Principles of Interpretation, Residuary power, Dominance of the Union Power

Unit-III


  1. Financial Relations

    1. Distribution of Taxes.

    2. Tax sharing under the Constitution

    3. Finance Commission

    4. Doctrine of Immunity of Instrumentalities

  2. Inter-State Trade and Commerce

    1. Freedom of Trade and Commerce

    2. Restriction on the Freedom

    3. Authority to regulate Trade and Commerce

Unit-IV


  1. National Economy

    1. Need for Regulation and Development of National Economy

    2. Planning Commission

  2. Review of Union-State Relations

    1. Need for Review

    2. Recommendation of Sarkaria Commission

  3. Special Status of some States

    1. State of J&K (Article 370)

    2. Other States

Select Bibliography:

Baxi, Upendra :“Law, Democracy and Human Rights”- 5 Lokayan Bulletin 4 (1987).

Dandekar, V.M. :” Unitary Elements in a Federal Constitution” 22 E.P.W. 1865(1988)

Dhavan, Rajeev : “ The Press and the Constitutional Guarantee of Free Speech and Expression” 28 J.I.L.I. 299, (1986)

Fazal, M.A. : “Drafting A British Bill of Rights” 27 J.I.L.I. 423 (1985)

Jain, M.P. : Indian Constitutional Law (1994) Wadhwa

Narain, Jagat : “ Judicial Law Making and the Place of the Directive Principles in the Indian Constitution.” J.I.L.I. 198(1985)

Ludwikowski, Rhett : “ judicial Review in the Socialist Legal Systems: Current Development” 37 I.C.L.D. 89-108 (1988)

Sathe, S.P. : Fundamental Rights and Amendment of the Indian Constitution(1968)

Seervai, H.M. : Constitutional Law of India (1993) Tripathi, Bombay.

Students should consult relevant volumes of the Annual Survey of Indian Law published by the Indian Law Institute.

GROUP H: FEMINIST CRITIQUE OF LEGAL ORDER

Object: This course is designed with the object of discussing the concept of gender equality, patriarchal elements in Indian Law, gender perspective in international law and labour, gender and the law.



Outcome: The students shall acquire the knowledge of gender justice in terms of equality, international law and particularly in the area of labour and capital.

303- Paper-III (ELECTIVE PAPER): Patriarchal Elements in Indian Law

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

Patriarchy – control of resources and treatment of women as property, feminist’s awareness of women’s oppression and exploitation in society , at work and within family , feminist’s struggle challenging the very notion of femininity and masculinity as mutually exclusive biologically determined categories ; patriarchy in classical Hindu , Christian and Shariat traditions , features of natural law vis-à-vis patriarchy , patriarchy and legal paternalism; legalism ; equality before law and patriarchy.



Unit-II

Socio- legal and political impact of patriarchy and colonial law, continuation of separate discriminatory personal laws for different communities, gender based rules pertaining to laws of evidence, gender based specification of offences- adultery , rape and its impact on women’s subjugation; socio-cultural conditions vis-à-vis inequitable socio – legal practices in matrimonial laws, sociological dimension of dowry, wife’s choice in child-bearing , marital rape patriarchal socio-legal system against the victims of rape, adultery, bigamy , dowry, inheritance and coparcenary; economic problems and patriarchal values in the institution of immoral traffic.



Unit-III

Impact of patriarchy on the working of Constitution, constitutional provisions, family planning under population not under women welfare or social welfare, fundamental right against exploitation – non-inclusion of exploitation of women or domestic labour , Constituent Assembly rejects inclusion in the draft of Article 23, ‘dedicated in the name of religion to be devdasi’ or addition of prostitution after traffic in human beings, equal pay for equal work for men and women in Directive Principles rather than fundamental rights, six women specific articles in the whole Constitution (both fundamental rights and directive principles and one fundamental duty), patriarchal character of public/ private law dichotomy, the nature and scope of the distinction, private law to perpetuate patriarchy, routinized domestic violence, withering away of Joint Hindu family and Socio- Legal response to the condition of divorced, deserted, widows and single women.



Unit-IV

Judiciary and patriarchy, upholding the offence of adultery as being special provision for women, patriarchal values and wife’s right to work, retention of restitution of conjugal , rights as a matrimonial remedy, matrimonial home, concept of cruelty , law enforcement process and women , policing and women correctional system, custodial institutions, prisoners and their problems , patriarchal character of judicial administration and justice delivery system.



Select Bibliography:

Agarwal , Bina (ed.): Structures of Patriarchy. (1988).

Bhasin, Kamia and Khan, Nighat Said: Some Questions of Feminism and its Relevance in South Asia (1986).

Kishwar Madhu and Vanita Ruth : In Search of Answers Chap. 1 (Women’s Lives), Chap. 3 (Violence against Women), (1986).

R. Aininova: The October Revolution and Women’s Liberation Movement (1977). Constituent Assembly Debates, Vol. 7 (3.12.48).

Jayawardene, Kumari : Feminism and Rationalism in the Third World (1986), Claire Duchen, Feminism in France (1986).

Jilova, C.R. : Law of Cruelty in India, Universal Law Publications, 2016

Bunslyn , Varda: “Masculine Dominance and State”,46 in Socialist Register (1983).

Andiappan, P.: “Public Policy and Sex Discrimination in Employment India” -14 IJIR. 395 (1978-79).

Kay Mapherson: “International Aspects of Feminism” in Status on Women News , Vol. 6 No. 302 (1980).

Kelkar, Govind: Women in Post- Liberation Societies : A Comparative Analysis of Indian & Chinese Experience.

Rhoda Reddock: “Women’s Liberation & National Liberation” in Maria Mies & Rhoda Reddock (eds.), National Liberation & Women’s Liberation (1982).



304-Paper-IV (ELECTIVE PAPER): Gender Perspective in International Law

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

Issues relating to women in the League of Nation , U.N. Charter, Universal Declaration of Human Rights, the U.N. Sub-Commission on the status of women since 1946 and the role of NGOs.



Unit-II

Political rights of women, Universal Declaration of Human Rights, the 1952 Convention on Political Rights of women, Convention of Civil and Economic Rights, the 1979 Convention on the Abolition of all forms of Discrimination against Women, Beijing Conference, Platform for Action , Vienna Convention, 1993, the Programme of Action by the United Nations.



Unit-III

Sexual exploitation of women, the international Agreement for the Suppression of White Slave Traffic, 1910 and 1921 League of Nations Activity , Convention on Traffic in women and children , 1949 Recommendation for World Tourism Organization (WTO) on Sex Oriented Tourism.



Unit-IV

Women’s Year and International Women’s Decade, review of U.N’s work in the period 1975-1988 International Human Rights Law and problems of domestic implementation, Nationality of Married Women and Convention of 1957, European Convention of Human Rights.



Select Bibliography:

Kuba,S.K. : Work Status of Women in International Law.

Other relevant Literature is to be found in LL.M. Course H048, H049 and 052. Here See the Prospective Plan on women. Govt. of India, 1988 and compare it with standards emergent at contemporary International Law.

Rebecca J. Cook: Reservations to the Convention on the Elimination of All Forms of Discrimination Against Women, 30, Virginia Journal of International Law (1990).

Natalie Kaufman Hevener: International Law and the Status of Women , Westview Press.

Charlotte Bunch: Women’s Rights as Human Rights: Towards a Revision of Human Rights , 12 Human Rights(1990).

Pamela Goldberg & Nancy Kelly: International Human Rights and Violence against Women , 6 Harvard Human Rights Journal, 1994.

GROUP: I: SCIENCE, TECHNOLOGY AND LAW

Object: The course shall aim at providing the knowledge and understanding of the interface between law and science, technology, medicine and Biotechnology.

Outcome: The course shall equip the students with the complete knowledge of law, science, technology and the medicine in their cognate relationship.

303-Paper-III (ELECTIVE PAPER): The Electronics Revolution and Legal Order

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Objectives of the Course:

This Course focuses on computer revolution and its impact on the legal order. Lord Coke’s famous observation that the law has its “artificial reason” is now, perhaps, totally superseded by the artificial intelligence of advanced computer system. Modern technology is inconceivable without use of computer systems ; this is clearly so in relation to the frontier technologies, e.g. nuclear technology, biotechnology , space technology military technology.

The advent of computer systems brings fresh challenges to orderly growth of legal ‘systems in the future. At the same time, they render some of the existing legal conceptions obsolete, or at least problematic; they also provide a new terrain for violation of human rights.

The following syllabus’ prepared with this perspective will be spread over a period of one semester.

Unit-I


  1. Introductory

    1. Notion of artificial intelligence.

    2. Growth of computer science and technology.

    3. “Hardware” and “Software”.

    4. Organization of R& D and international market for computer systems.

    5. Artificial Intelligence and Human Resources.


Unit-II

  1. The Law: Intellectual Property.

    1. Law relating to Protection of computer software.

    2. Law relating to patenting of hardware.

    3. Regulation of transfer of computer technology (Unfair Means, Restrictive Trade Practices).

Unit-III

  1. Cyber Crimes

    1. Central data banks and privacy rights.

    2. Consumer Credit, privacy rights and computer systems.

    3. Computer non-feasance and liability for damages.

Unit-IV

  1. Computer systems and Renovation of Legal order.

    1. Legal information retrieval systems.

    2. Computerized retrieval of judicial decision.

    3. Jurimetrics and computer analysis.

    4. Computer analysis and computerization.

    5. Criminological analysis and computerization.

    6. Patent information systems.

    7. Management of Courts.

Select Bibliography:

Cees J. Harnelink, The Ethics of Cyberspace (2001), sage.

Katju, Markandey, Law in the Scientific Era (2000), Universal, New Delhi.

Zinian, John et.al. (ed.), World of Science and the Rule of Law (1986), Oxford.

Ann Johnston et.al, (ed.), New Technologies and Development (1986), UNESCO

Maic-Wan Ho, Genetic Engineering: Dreams or Nightmare? The Brave New World of Bad Science and Big Business (1997), RESTE, New Delhi.


304- Paper-IV (ELECTIVE PAPER): Nuclear Technology: Dilemmas of Legal

Controls

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Objectives of the course:

The course foucuses, principally, on civilian /peaceful uses of nuclear technology. It is , of course difficult to disengage military uses of nuclear or technology form any serious study of it. The course must be offered, in the terms, of pedagogy, in such a way that the class acquires a minimum scientific literacy, without which legal regulation, control and public participation for accountability is beyond reach.

Unit-I


  1. Introduction.

    1. Nuclear Fission/Fusion.

    2. Radioactivity.

    3. Fission product and half-life measure.

    4. “Thermal” and “Fast” reactors.

    5. Heavy-water reactors.

    6. Nuclear fuel.

Unit-II

  1. Development in Civilian uses of Nuclear Energy and India’s Nuclear Programme.

    1. “Atoms for Peace” and International Atomic Energy Commission (IAEA).

    2. The European Atomic Energy Community (EUROTAM).

    3. Development of nuclear industry at a global level.

    4. India’s Atomic Energy Programme.

      1. India’s overall energy needs and planning.

      2. India’s Nuclear Energy Programme.

      3. The Atomic Energy Commission Act.

      4. Technology transfer and India’s nuclear programme.


Unit-III

  1. Hazard Aspect of Nuclear Power.

    1. Plant location: Problem of sites.

    2. Uranium mining associated hazards.

    3. Accidents potential: e.g. fuel failure, re-circulation, pump failures, control value leaks, failure of shutdown device, metal failure, of electronic monitoring and control systems.

    4. Containment facilities.

    5. Occupational hazards for workers at research institutes and nuclear plants.

    6. The regime or legal liability including.

      1. Right to information as to levels of radioactivity.

      2. Right to compensation.

      3. Right to meaningful “rehabilitation”.

Unit-IV

  1. Nuclear Technology and Law.

    1. Secrecy.

    2. Minimum public participation.

    3. Right to information

    4. Regimes of liability for mass disasters and personal injuries.

    5. Environmental Law regulation of the hazardous aspects of nuclear energy production.

    6. National and international legal frame- work.

Select Bibliography.

In addition to official documents (e.g., Report of the DAE and Regulating Texts, consult, Centre, Science and Environment, The State of India’s environment: 1984 -85: The Second Citizen Report (1985). Also see relevant articles in Economic and Political Weekly, and the recent Supreme Court decision on the EEC radioactive butter case.


GROUP- J: HUMAN RIGHT LAW

Object: The object of this course is to discuss the concept and development of human rights, international humanitarian law, refugee law and the relationship between human rights and science and technology.


Outcome: The students shall be well aware about the concept of human rights in its historical background in addition to the international development in the area of human rights and the law relating to science and technology.

303-Paper-III (ELECTIVE PAPER): Protection and Enforcement of Human Rights

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

History and Development of Human Rights in Indian Constitution. Constitutional philosophy- preamble, fundamental Rights, Directive Principles of State Policy, Fundamental duties. Civil & Political rights, International covenants. The Constitution of India, the right to equality, the right to life and personal liberty Freedom of religion.



Unit-II

Social and Economic Rights, International Covenants, the fundamental rights and directive principles under the Constitution of India, protection of the rights of the women and child Protection of the rights of the minorities.



Unit-III

Enforcement of the Human Rights in India, Enforcement of the Human Rights under International covenants Human Rights Commission, International and National : Role of India in implementing international norms and standards.



Unit-IV

Enforcement of Human Rights, Role of Supreme Court, Role of High Court, Role of Civil and Criminal Courts, Statutory Tribunals, Special Courts, Role of the NGO’s and media.



Select Bibliography:

Basu, D.D., Human Rights in Indian Constitutional Law (1994)

Chitnis, Vijay, (et. al.), Human Rights and the Law: National and Global Perspectives (1997).

Seghal, B.P. Singh, Law, Judiciary and Justice in India (1993)

Vadakkumchery, James, Human Rights and the Politics in India(1966)

Saxena, D.R. Tribals and the Law, (1997)

Advani, Poornima, Indian Judiciary: A Tribute (1997).

Justice Venakataramaiah, Human Rights in the Changing World (1998)

Jaiswal Paramjit S. and Jaiswal Nestha, Human Rights and the Law (1996)

304- Paper-IV (ELECTIVE PAPER): Human Rights of Disadvantaged Groups: Problems and issues in the Protection and Enforcement

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

Concept of Disadvantaged Groups: Bonded Labour system, slavery and their abolition. Senior citizens and Human Rights; Independence of aged persons , community care, Laws relating to their life, dignity and health care with special reference to aged persons in India.



Unit-II

Emerging Human Rights Jurisprudence and the role of the judiciary; Rights of Women. Rights of the child. Rights of Prisoners. Rights of Dalits, the tribal and other indigenous people.

Unit-III

The mentally ill. The stateless persons. The unorganized labour, ‘Aids’victims. Rights of Minorities.



Unit-IV

Enforcement of Human Rights; protection laws of the Disadvantaged groups; problems and issues. Future perspectives of the Human Rights of the Disadvantaged.



Select Bibliography:

Bhargava,G.S and Pal, R.M., Human Rights of Dalit societal Violation (1999)

Bueren, Geraldine Van, The international Law on the Rights of the child (1998)

Tripathi, prabhat Chandra, Crime against Working Women (1998)

Diwan , Paras and Diwan , Piyush , Women and Legal Protection.

Alston, Philip (et. al.) , Children , Rights and the Law.

Askin, Kelly D., Koening Dorean M., Women and International Human Rights Law(1999)

Chakrabarti, N.K., Juvenile Justice in the Administration of criminal Justice (1999)

Wallace , Rebecca, International Human Rights, Text and Materials (1997)

Nair, Janaki, Women and Law in Colonial India (1996)

Creighton, Simon, King Vicky, Prisons and the Law, (1996)

GROUP K: ADMINISTRATIVE LAW

Object: The course is designed with the object of providing knowledge regarding administrative law including administrative process and its judicial control, delegated legislation, control of maladministration and the public authorities.


Outcome: The students shall be acquiring the complete knowledge, regarding administrative process, delegated legislation, liability of public authorities etc.

303: Paper-III (ELECTIVE PAPER): Administrative Process- Delegated Legislation and Adjudication

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I


  1. Classification of Administrative Actions.

    1. Doctrine of separation of powers.

    2. Tests of classification.

  2. Delegated legislation

    1. Reasons for growth.

    2. Constitutional limits.

    3. Nomenclature forms.

    4. Sale: delegation.

    5. Administrative directions/orders.

Unit-II

  1. Control of delegated legislations

    1. Legislative controls.

    2. Procedural controls – consultation and publication.

    3. Judicial controls.

  2. Administrative adjudication

    1. Exercise of judicial powers by the administration.

    2. Statutory tribunals.

    3. Statutory inquiries, commission of inquiries Act.

Unit-III

  1. Principles of natural justice

    1. Procedural fairness.

    2. Rule against bias.

    3. Right to fair hearings.

    4. Reasoned discussions.


Unit-VI

  1. Service matters – rules and hearings.

    1. Service rules, doctrine of pleasure.

    2. Principle of reasonable opportunity in hearings.

    3. Exception, dismissals without hearings.

Select Bibliography:

Jain & Jain, Principles of Administrative Law (1986), Tripathi

Smith, De, Judicial Review of Administrative Action (1995)

Schwartz, B., An Introduction to American Administrative Law.



304-Paper-IV (ELECTIVE PAPER): Administrative Process: Controls of Discretion and Maladministration.

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I


  1. Administrative powers

    1. Conferment of discretionary powers.

    2. Need for structuring, confining and limiting discretion.

  2. Failure to exercise discretion.

    1. The rational intervention.

    2. Delegation.

    3. Surrender, abdication, dictation.

    4. Over rigid policies.

    5. Restriction by contract.

Unit-II

  1. Abuse of Discretion

    1. Illegality

    2. Irrationality.

    3. Proportionality.

Unit-III

  1. Abuse of discretion: new trends.

    1. Legitimate expectations.

    2. Arbitrariness and violation of equity.

Unit-IV

  1. Mal- administration – controls.

    1. Nature of Mal- administration.

    2. Ombudsman- lokpal, lokayutktas, Vigilance commission.

  2. Corruption in administration.

    1. Causes

    2. Remedies

Select Bibliography:

Shukla, K.S. and Singh, S.S. Lokayukta: A Social Legal study (1988). Indian Institute of Public Administration, New Delhi.

Jain-& Jain, Principles of Administrative Law (1986) Tripathi.

Rowat, Donald C., The Ombudsman (1966), George Allan and Unwin Ltd., Toronto.

LL.M. 4th Semester

401- Paper-I (Core Paper): DISSERTATION

Max. Marks: 200

Credits: 10
GROUP-A: INTERNATIONAL LAW & ORGANIZATIONS

Object: The object of this group is to make the students aware about evolution, nature and composition of International Labour Organization. It also aims to discuss disarmament, peace strategies, law and diplomacy and the law of sea.

Outcome: The students shall be acquiring the knowledge regarding international and contemporary issues in addition to nature and functioning of ILO.

402- Paper –V (ELECTIVE PAPER): Law of the Sea

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit–1

Historical introduction to the Law of the Sea Contribution of Seldom, Grotius, Bynkershock and others to the development of the early law ; The Anglo-Norwegian Fisheries Case and its aftermath , the technological revolution and utilization of the new resources of the sea, population explosion and its impact on the law , the U.N . Conferences on the Law of the Sea, Developing Nations and the Uses of Sea.



Unit- II

Changing concepts of Maritime Frontiers ; Rights of states over territorial waters and contiguous zone, Continental Shelf. Exclusive Economic Zone. Principles for determination of maritime frontiers and Maritime Boundaries under the customary and conventional law.



Unit - III

Exploitation of Deep Sea –Bed Resources; International Sea Bed Authority, its functions and powers, Decision –making; Settlement of disputes , principles governing joint ventures ; transfer of data and training of personnel of the Authority ; Problems And perspectives.



Unit – IV

Conservation of Living Resources of the High Sea, Problems of Maritime Pollution. Land –Locked States and the Law of the Sea. Sea as Common Heritage of Mankind; the Future of the Law of the Sea. International Sea Tribunal to Settle Disputes.


Select Bibliography:

Vicuna, Orrego: The Changing International Law of the High, Seas Fisheries (1999), Cambridge lan Brownie, Principles of Public International Law (1998), Clare Don Press, Oxford.

Rao, P. Chandrasekhara : The New Law of Maritime Zones (1983), Milling Publications, New Delhi.

Mankababy, Samir : The International Shipping Rules (1986) Cromm Helm, London.

Singh , Nagendra : International Maritime Law Conventions, Vol. I , Navigation (1983) Stevens & Maxwell , London.

Nordquist; Myron H. and John Norton Moor (eds.): Ocean Policy New Institutions, Challenges and Opportunities (1999) Kluwer.

Anand , R.P. : Law of the Sea , Caracas and Beyond (1978).

Bowett, D.W. Law of the Sea.

Bowett, D.W. : Legal Regime of Islands in International Law.

Colombos, John : International Law of the Sea (1962)

Hargrove, J.H.: Who Protects the Ocean: Environment and the Development and the Development of the Law of the Sea.

Kaushik, Devendra: Indian Ocean Towards a Peace Zone (1983).

McDougal , Myres S. and W. Burke : The Public Order of the Oceans (1962).

P’ Connel , D.P. : International Law of the Sea, Vol. I & II (1982)



403- Paper–VI (ELECTIVE PAPER): International and Contemporary Issues

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit – 1

The New International Economic Order ; Background Essential Component of the NIEO , State Acceptance and Practice of NIEO Principles , Critique of NIEO.



Unit – II

The right to development: The 1979 G.A . Resolution, progress towards enunciation of the Declaration of right for development. Basic concept of right to development. State acceptance and practice.



Unit – III

Towards sustainable Development; The Concept of U.N. Commission on Environment and Development. Our Common Future; the Report of the Commission, Proposed Legal Principles for Environmental Protection and Sustainable Development. State Acceptance and Practice.



Unit – IV

Refugees and Human Rights; Origin and Development of Refugee International Law. Establishment of United Nations High Commissioner for a Refugees – UNCHAR. International Agreements Relating to Protection, Relief and Welfare of Refugees. U.N. War Crimes Commissions to Investigate and Tribunals for Prosecution of Violators of International Humanitarian Law – Some Instances & their Analysis.



Select Bibliography:

Singer, H.W. & Ansari , J.A : Rich and Poor Countries (1982).

Alston, P. : “Development and the Rule of Law: Prevention versus Curve as a Human Rights Strategy in Human Right and Rule of Law , 83 (1981)

Falk, R. : The End of the World Order(1983)

Gwrge, S. : How the other Half Dies : The Real Persons for World Hunger (1976).

Bad , U. : “ The New International Economic Order , Basic: Needs and Rights : Notes Towards Development of the Right to Development, in Role of Law and Judiciary in Transformation Society : India G.D.R. Experiments 178-205 (1984) D.A. Desai ed. and sec the Literature there cited. This paper is also published in the J. of the Indian Society of International Law.

U.N. Report of the Secretary General: “The International Dimensions of the Right to Development as a Human Right with other Human Right Based on international cooperation, including the Right to Peace. Taking into Account the Requirement of the New International Economic Order and the Fundamental Human Needs”. EICN- 41374.

U.N. our Common Future: The World Commission on Environment and Development (1987)



Group – B: CRIMINAL LAW

Object: This group is designed to discuss history and principles of criminal law, comparative criminal procedure, criminology, penology and juvenile delinquency.


Outcome: The students shall be well versed with each and every aspect of criminal law in addition to Juvenile Justice Law.

402-Paper –V (ELECTIVE PAPER): Drug Addiction, Criminal Justice and Human Rights

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

1 Basic Conceptions

(a) Drugs ‘narcotics’ ‘Psychotropic’ ‘Substance’

(b) Dependence, ‘Addiction’

(c) Crime without Victims.

(d) “Trafficking” in Drugs

(e) “Primary Drug Abuse”.

2 Study of incidence of Drug Addiction and Abuse.

(a) Self- Reporting

(b) Victim- Studies

(c) Problems of Comparative Studies.

Unit - II

3 Ana graphic and Social Characteristics of Drug Users

(a)Gender.

(b) Age


(c) Religiousness.

(d) Single Individual/ Co-habituation

(e) Socio-economic level of Family

(f) Educational Levels.

(g) Occupation.

(h) Age at First Use.

(i) Type of Drug Use.

(j) Reasons given as cause of first use.

(k) Method of Intake.

(l) Patterns of the use.

(m) Average quantity and cost.

(n) Consequences on addict’s health (physical/Psychic)

4 The International Legal Regime

(a)Analysis of the background, text and operation of the single convention on Narcotic Drugs, 1961, 1972

(b) Analysis of the Convention on Psychotropic Substances, 1972.

(c) International Collaboration in Combating-Drug Addiction.

(d) Profile of International Market for Psychotropic Substance.

Unit-III

The Indian Regulatory System

(a) Approaches to narcotic trafficking during colonial India.

(b) Nationalist thought towards regulation of drug trafficking and usage.

(c) The Penal provisions (under the IPC and the customs Act)

(d) India’s role in the evolution of the two international conventions.

(e) Judicial approaches to sentencing in drug trafficking and abuse

(f) The Narcotic Drugs and Psychotropic Substances, Act 1985.

(g) Patterns of resources investment in India- policing adjudication, treatment, after-care and rehabilitation.



Unit–IV

Human Rights Aspects

(a) Deployment of Marginalized people as carrier of narcotics,

(b) The problem of juvenile drug use and legal approaches.

(c) Possibilities of misuse and abuse of investigative prosecutory powers.

(d) Bail.

The Role of Community in Combating Drug Addiction

(a) Profile of Community initiatives in inhibition of dependence and addiction (e.g. de- addiction and aftercare)

(b) The role of educational systems.

(c) The role of medical profession.

(d) The role of mass media.

(e) Initiatives for compliance with regulatory systems.

(f) Law reform initiatives.

Select Bibliography:

1. Becker, H. S. Outsiders: The Studies in Sociology of Deviance, (1966)

2. Incard, J.A., Chambers, C.D. (eds.), Drugs and the Criminal Justice System. (1974)

3. Cocken, R., Drug Abuse and Personality in Young Offenders (1971)

4 Busch, G. Edwards (ed.), Drug Problems in Britain: A Review of Ten Years(1981)

5 Kondanram, P. and Murthy , Y.N. Drug Abuse and Crime : A Preliminary Study, 7 Indian Journal of Criminology, 65-68 (1979)

6 Rajgopat , P.R., Violence and Response: A Critique of the Indian Criminal System (1988)

7 United Nations Economic and Social Reports of the Commission on Narcotic Drugs , United Nations.

8 Social Defence, Reseach Institute (UNSDRI) Combating Drug Abuse and Related Crimes. (Rome, July 1984, Publication No 21)

9 Lok Sabha and Rajya Sabha Debates on 1986 Bill on Psychotropic Substance.

10 List of usefull journals in this area are:


  1. The Law and Society Review (USA)

  2. The Journal of Drug Issues (Tallahassee, Folorida).

  3. International Journal of Addictions (New York)

  4. In British Journal of Criminology.

  5. Journal of Criminal Law, Criminology and Police Sciences (Baltimore, Md.)

  6. Journal of Criminal Law and Criminology (Chicago,111)

  7. International Journal of Offender Therapy and Comparative Criminology (London)

  8. Bulletin on Narcotics (United Nations)

403-Paper –VI (ELECTIVE PAPER): Juvenile Delinquency

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

1. The Basic Concepts

(i) The concept of ‘child’ in Indian Constitution and Penal Code.

(ii) Movement for Juvenile Justice.

(iii) Juvenile Delinquency – meaning.

(iv) Neglected Juvenile.

(v) The overall situation of children/young persons in India, also with reference to crime statistics (of crimes by and against children).

(VI) Problem of Juvenile Justice in India, U.K., USA

(VII) International concern for Juvenile Justice.

2 Determining Factors of Juvenile Delinquency



  1. Differential association.

  2. Anomie

  3. Economic pressure.

  4. Peer group influence

  5. Gang sub-culture

  6. Class differentials

Unit- II

3 Legislative Approaches



  1. Legislative approach during the late colonial era.

  2. Children’s Act.

  3. Legislative position in various States.

  4. The Juvenile Justice Act, 2000.

Unit –III

4 Indian Context of Juvenile Delinquency



  1. The child population percentage to total sex-ratio, urban/rural /rural- urban.

  2. Neglected –below poverty line, physically and mentally disabled , orphans, destitute, vagrants.

  3. Labourers

    1. In organized industries like zari, carpet ,bidi, glass

    2. In unorganized sector like domestic servant, shops and establishments, rag-pickers family trade.

  4. Delinquent –number, sex- ratio, ratio to adult crime, types of offences committed, recidivism, rate of increase background.

  5. Drug addicts.

  6. Victims

    1. Of Violence- sexual abuse, battered, killed by parents.

    2. Of criminal activities like bootlegging, drug pollution as a response of protective approach.

Unit –IV

1. Judicial Contribution

(i) Social action litigation concerning juvenile justice.

(ii) Salient Judicial decisions.

(iii) Role of legal profession in Juvenile Justice Systems.

2. Implementation



  1. Institutions, bodies, personnel

  2. Recruiting and funding agencies.

  3. Recruitment – qualifications and salaries or funds.

  4. Other responsibilities of each agency/person.

  5. Coordination among related agencies.

  6. Accountability – annual reports and accessibility of public to juvenile justice institutions.

  1. Preventive Strategies

  1. State Welfare Programmes, health, nutrition, ICWS, grants-in-aid.

  2. Compulsory education

  3. Role of community, family voluntary – bodies, individuals.

Select Bibliography:

1. National Institute of Social Defence, Model Rules under the Juvenile Justice Act, 1986 (1986)

2. Shukla, K.S., Adolescent Offender (1985)

3 Weiner, Myron, The Child and State in India (1990)

4 The United Nations Declaration on the Rights of Children.

5 UNICEF periodic material.

6 Juvenile Justice Act, 2000

GROUP-C: BUSINESS LAW

Object: The object of this group is to study legal and quasi legal problems connected with corporate sector. It also aims to study and evaluate relevant case law with a view to the evolution of a sound code of company practice.



Outcome: The students shall come out with complete knowledge of legal provisions regarding corporate sector and its role in the growth and development of the society.

402- Paper-V (ELECTIVE PAPER): Insurance Law

Max. Marks: 100

Credits: 5

Time: 3 Hours



Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Objective of the Course:

The insurance idea is an old-institution of transactional trade. The age-old form of insurance was the marine insurance. There is nothing like disaster to set men’s minds to work. Consequently, in due course of time fire and life insurance, made their appearance. Within the last hundred years the insurance principle is being extended wider. Today one finds insurance cover for accidents, motor vehicles, glass, livestock, crop, burglary and various other disasters.

Insurance is a device not to avert risks, calammes and disasters; but to mitigate their rigours and financial losses. The function of insurance is to spread such loss arising from risks of life over a large number of persons.

This course is designed to acquaint the students with the conceptual and operational parameters of insurance law in the context of the development of the general principles of law and judicial interpretation to inform the students about the use of law for the establishment of “ just” order in insurance and to develop the appreciative and evaluative faculties of the students.

Unit-I

  1. Introduction

      • Nature of insurance contract, various kinds of insurance, proposal, policy, parties, consideration, need for utmost good faith, insurable interest, indemnity.

      • Insurance policy, law of contract and law of torts-future of insurance: need, importance and place of insurance.

      • Constitutional perspectives- the Entries 24,25,2930,47 of list 1 Union List 23, 24 of List III.

  1. General Principles of Law of insurance

      • Definition, nature and history.

      • The risk- commencement, attachment and duration

      • Assignment and alteration, Settlement of Claim and Subrogation

      • Effect of war upon policies.

  1. Indian Insurance Law: General

      • History and development

      • The Insurance Act 1938 and the Insurance Regulatory Authority Act,2000.

      • Mutual Insurance companies and cooperative life insurance societies.

      • Double insurance and re-insurance

Unit-II

  1. Life Insurance

      • Nature and scope

      • Event insured against life insurance contract.

      • Circumstances affecting the risk

      • Amounts recoverable under life policy

      • Persons entitled to payment

      • Settlement of claim and payment of money

      • Miscellaneous Insurance Schemes: New Dimensions- Group Life Insurance.

      • Mediclaim, sickness insurance.

Unit-III

  1. Insurance Against Accidents

      • The Fatal Accidents Act,1985.

      • Objects and reasons

      • Assessment of compensation

      • Contributory negligence

      • Apportionment of compensations and liability.

      • The Personal injuries (Compensation Insurance) Act, 1963.

      • Compensation payable under the Act

      • Compensation insurance scheme under the Act-Compulsory insurance.

  1. Insurance Against Third Party Risks

      • The Motor Vehicle Act,1988

      • Nature and Scope

      • Effect of insolvency or death on claims of insolvency and death of parties, certificate of insurance.

      • Claims tribunal: constitution, functions, application for compensation, procedure, powers and award.

      • Liability insurance

      • Nature and kinds of such insurance

      • Public Liability insurance

      • Professional negligence insurance

Unit-IV

  1. Marine Insurance

      • Nature and scope

      • Classification of marine policies

      • The Marine insurance Act,1963

      • Marine Insurance

      • Insurable interest, insurable value

      • Marine insurance policy- condition- express warranties construction of terms of policy

      • Voyage-deviation

      • Perils of the sea

      • Assignment of policy

      • Partial laws of ship and of freight salvage, general average, particular charges.

      • Return of Premium

  1. Property Insurance

      • Fire insurance

      • The Emergency Risks (Factories) Insurance

      • The Emergency Risks (Goods) Insurance

      • Policies covering risk of explosion

      • Policies covering accidental loss, damage to property

      • Policies covering risk of storm and tempest

      • Glass-plate policies

      • Burglary and theft policies

      • Live-stock policies

      • Goods in transit insurance

      • Agriculture Insurance

Select Bibliography:

John Hanson and Christopals Henly : All Risks Property Insurance (1999)

Peter MacDonald Eggers and Patne Poss : Good Faith and Insurance Contracts (1998)

Banerjee : Law of insurance (1994)

Mitra, B.C. : Law Relating to Marine Insurance (1997)

JCB Gilmar and Mustill : Arnold on the Law of Marine insurance (1981)

Birds : Modern Insurance Law (197)

O’Mary : Marine Insurance (1993)

International Labour Office :Administration Practice of Social Insurance (1985)

Hardy Ivamy : E.R. General Principles of insurance Law (1979)

Edwin W. Patterson : Cases and Materials on Law of insurance (1955)

Sreenivasan, M.N. : Law and the Life insurance Contract (1914)

Murthy and Sarma : Modern Law of Insurance in India


403- Paper- VI (ELECTIVE PAPER): Legal Regulation of Economic Enterprises

Max. Marks: 100

Credits: 5

Time: 3 Hours


Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Objective of the Course:

After independence, we have placed greater emphasis on the growth of our economy. The focus is on growth, both in public and private sectors, so as to cope up with the problems of population explosion. We have found that there is now almost a circle from laissez-faire to welfare state and again back to laissez faire. Adoption of the concept of global economy in the presence of the socialistic perspectives in the Constitution presents a dilemma. The trends of liberalization stating in the early nineties and continuing to this day bring a shift in focus of regulations in diverse fields of economic activities.

This course is designed to acquaint the students of the eco-legal perspectives and implications of such developments.

Unit-I

      • Constitutional Provisions to Regulate Economic Enterprises in India. Industrial policy resolutions of 1948, 1956 and 1991.

      • Development and Regulation of Industries- Industrial (Development and Regulation) Act. 1951; Regulation, control and Development of Industries, Agencies under the Act

      • Development and Prospects of Consumerism in India.

Unit-II


      • Securities Contracts (Regulation) Act,1956; Object, basic features, Recognition of Stock Exchanges, Contracts and options in Securities, Listing of Securities, Penalities and Procedure.

      • Securities and Exchange Board of India Act,1992; Basic Features, Establishment of SEBI, Powers and Functions of SEBI, Registration of Capital Market Intermediaries, Offences and Penalities, powers and jurisdiction of securities Appellate Tribunal, Capital Markets Regulation(2009) of SEBI.

      • Depositories Act,1996.

Unit-III


      • Essential Commodities Act,1955; Object, Salient Features, Essential Commodities, Powers of the Central Government, Confiscation of Essential Commodities, offences and Penalities.

      • Competition Act,2002; Object, Prohibition of Certain Agreements, Abuse of Dominant Position, Regulation of Combinations, Competition Commission of India, Duties, Powers and Functions of Commission, Penalities, Appeal to Competition Appellate Tribunal.

Unit-IV


      • Foreign Trade(Development and Regulations) Act,1992; Object, Regulations of Import and Export, Import-Export License, Penalities.

      • Foreign Exchange Management Act,1999; Object, Regulation and Management of Foreign Exchange, Authorized Persons, Penalities.

      • Insurance Regulatory and Development Authority Act,1999.


Select Bibliography:

Aggarwal, V.K. : Consumer Protection- Law and Practice.

Myeni, S.R. : Corporate Law-II

Sharma, Gokulesh : financial and Economic Laws

Cherunilam, Francis : Business Environment

SEBI Act,1992.

Industrial(Development and Regulation) Act,1951.

Essential Commodities Act,1955

Competition Act,2002

Securities Contracts(Regulation) Act,1956

Insurance Regulatory and Development Authority Act,1999.

Foreign Trade(Development and Regulation) Act,1992.

Depositories Act,1996.

GROUP-D: LABOUR, CAPITAL AND LAW

Object: The course is designed to acquaint the students about legal relationship between labour and capital, industrial adjudication, law of social security and other labour laws dealing with wages, working hours and other monetary benefits.

Outcome: The students shall be acquiring complete knowledge regarding organized sector, unorganized sector, their wages, social security and other protective laws.

402-Paper–V (ELECTIVE PAPER):Law Relating to Unorganised Labour

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

Concept and meaning of Bonded Labour system nomenclature in different regions of India Bonded Labour System (Abolition) Act, 1976 Implementation process and its impact; Role of State Vigilance Committee Judicial Activism; (Agricultural Labour- Labour Engaged in Construction work in India and) the International Labour Organisation; National Labour Commission.



Unit-II

Agricultural Labour ; Concept the traditional lives between the landlord and the workers Exploitaiton of labour by the Landlord ; Tribal labour in forests settlement ; Migrant agricultural labour working conditions; working hours, wages and social security- benefits; dispute settlement mechanism statutory measures, conciliation and adjudication; comparative study of state practices and laws.



Unit – III

International programmes for elimination of Child Labour –UNICEF and its role for combating Child Labour ; ILO estimates regarding Child Labour; Child and Constitutional Mandates; National Policies and Child Labour ; Employment of Child Labour in various unorganized sectors of employment.

The child Labour (Prohibition and Regulation) Act, 1986- Object and purpose –Health and Safety of the Child Labour – Inspection and Enforcement Machinery- Role and Recommendations of various Committees, Legal Protection to child Labour under other Labour Legislations in India.

Unit- IV

Legal protection to women; Labour in Organized Sector and Existing conditions in unorganized Sector of Employment – Reasons for their exploitation –Women labour in Agriculture Sector – comparative study with other developing countries with special reference to changing occupational trends for the employed women labour- ILO standards and Directives of European Countries – Women Employees in Third World Countries – Working Conditions in Developed Countries of European and Western Region of the World.



Select Bibliography:

Giri, V.V. : Labour Problems in India Industry (1972)

Singh, R.R. : Labour Economics (1971) ILO, Conventions and recommendations.

Varandani, G: Child Labour and Women Workers.

Reports of National Commissions on Labour 1969 (relevant portions)

State Legislation and other Welfare Schemes Relating to Agricultural Labour .

Aziz, Abdul : Unionizing Agricultural Labourers in India. A Strategy, 13 Indian

Journal of Industrial Relations 307 (1977)

Maily, A.B. : Forced Labour in India, 15 Indian journal of Industrial Relations

77 (1979)

Sharma, L.C. : Forestry Sector Generate More Employment, 15 Indian Journal

of Industrial Relations 577 (1979)

Bardhan, Kalpana :Rural Employment Wages and Labour Market in India; A Survey of Research 12 Economic and Political Weekly 1 June 25, 1977, 11July 2, 1977 and 111 July 9 (1977)

Government of India, Agricultural Labour Enquiry (1954)

Government of India, Report on the Second Agricultural Labour Enquiry (1958)

Government of India , Report on III Agricultural Labour Enquiry.

Bardhan & Rudra: Types of Labour Attachment in Agriculture”, 15 Economic and Political Weekly August 30, (1980)

National Institute of Rural Development, Occasional Monograph 1- Agricultural Labour Unions (1978)

Report of the National Commission on Rural Labour (1991) New Delhi, Govt. of India, Ministry of Labour ; See especially volume II, Part II for the Study Group report.

Sen, Amritya : Resources, Values and Development (1984)

Baxi, Upendra : Law and Poverty (1988)

403- Paper –VI (ELECTIVE PAPER): Law Relating to Civil Servants

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

Civil Servants: Constitutional Dimensions:

Civil servants and the fundamental rights Historical and comparative perspectives;

Equality and protective discrimination; principles and practices;

Service Regulation- the constitutional bases- formulation of service rules – doctrine of pleasure;Limitations on doctrine of pleasure.

Unit-II

Conditions of Service:

Pay, allowances, Concession , House rent Educational Conveyance, medical and overtime allowances, cash incentives , travel concessions, and bonus (Machinery for fixation and revision Pay Commission);Kind of leave and conditions of eligibility; Civil and criminal immunities for action in good faith; Role of Public Service Commission.

Unit-III

Civil Service: Amalgam of Principles, Compromises and Conflicts:

Neutrality – Commitment dilemma, permanency, expertise and institutional decision- making.

Relaxation of age and qualification in recruitment spoils system, seniority-cum-merit recruitment and promotion.

Frequent transfers, education of children, housing and accommodation.

Civil Service and politics, politicization of government servants’ organization and inter-union rivalry.



Unit- IV

Special Categories of Service and Service Disputes:

Judicial services; subordinate judiciary –judicial officers and servants; appointment and conditions of service.

Officers and servants of the Supreme Court and the High Courts: recruitment, promotion, conditions of services, and disciplinary action.

All India services , objects, regulation of recruitment and conditions of service, departmental proceedings.

Departmental Remedies; representation, review , revision and appeal; role of service organizations.

Remedy before the Administrative Tribunal jurisdiction, scope and procedure- merits and demerits – exclusion of jurisdiction of courts.

Judicial review of service matters – jurisdiction of the Supreme Court and High Courts.



Select Bibliography:

Students are to study the state laws and rules relating to service matters, make empirical investigations and write a paper on a significant problem.

ILI (by Justice M. Rama Jois) : Services Under the State (1987)

Nair, N. Narayanana : The Civil Servant under the Law and the

Constitution (1973)

Goyal; K.K. : Administrative Tribunals Act (1973)

Seervai : Constitutional Law of India.

Aggarwal , Arjun P : Freedom of Association in Public

Employment , 14 JILI (1972)

Kochukoshy, C.K : All India Services –Their Role and Future, 1972 I.J.P.A 67

Srivastava, Suresh C. : Payment of Dearness Allowances to Industrial Workers in India, 15 JLII 444(1973)

Siddiqi , Z.M.S. : Sanctions for the Breach of Contracts of Service, 25 J.I.L.I. 359 (1983)

Motilal, O.P. : Compulsory Retirement, 1975 I.J.P.A. 247.

Chopra, D.S : Doctrine of Pleasure – its Scope, Implication and Limitations, 1975 I.J.P.A.92

Subba Rao, G.C.V. : The O.N.G.C Case and New Horizons in Public Service Law, 1975, S.C.J. 29.
GROUP-E: ENVIRONMENT AND LEGAL ORDER

Object: This course is framed with the object of discussing all the laws relating to environment, resource management and the International conventions dealing with environment from time to time.

Outcome: The students shall be well acquainted with complete legal provisions relating to environment in addition to the knowledge of international legal provisions regarding protection of environment.

402- Paper-V (ELECTIVE PAPER): Biological Diversity and Legal order

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

Bio-diversity –Meaning; Need for protection of Bio – Diversity; Dependence of human life on the existence in flora and fauna; Significance of wild life ; medicinal plants; plant and micro- organism.



Unit-II

Bio –diversity and Legal Regulation- Utilization of flora and fauna for Bio-Medical purposes; Experimentation on animals; Legal and ethical issues; Genetic mutation of seeds and micro-organisms; Genetic engineering; legal mechanisms of control; Recognition of regional and local agencies.



Unit-III

Development Projects and Destruction of Bio- diversity: Concept of Sustainable Development.

Exploitation of Bio- diversity and Indigenous people’s rights.

Problems in Legal Regulation of Medicinal Plants- Cosmetic Plants; Animal Products; Utilization of Flora and fauna for Bio-Medical purposes by Multi-National Corporations” Problems of Control; Regulation of Trade in Wild –Life Products.



Unit- IV

Legal framework for Development and Protection of Sanctuaries- parks; Zoos; Biosphere resources; Protection of genetic resources for agriculture. Need to Patent Bio- diversity.



Select Bibliography:

Nagore, Arjun Prasad, Biological Diversity and International Environmental Law (1996) A.P.H. Publishing Corporation, New Delhi.

Project large, Plant Variety Protection and Plant Biotechnology- options for Indian (1999), Allied.

Swaminathan, M.S., Genetic Conservation: Microbes to man, presidential Address at XV international Congress of Genetics, New Delhi, India December 12-21, 1983.

Wild Genetic Resources, Earthen Press Briefing Document No.33 Earthen, London (1982)

Mehta, K.L and Arora , R.L. , Plant Genetic Resources of India ;their diversity and Conservation (1982), National Bureau of Plant Genetic Resources, New Delhi.

Bhat, P.N. et al., Animal Genetic Resources in Indian (1981).

Bhat, P.N. Conservation of Animal Genetic Resources , in India , Animal Genetic Resources, Conservation and Management, FAO, Rome (1981).



403- Paper-VI (ELECTIVE PAPER): Environmental Legislation

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

General Laws on Environmental concern- Code of Criminal Procedure: Public nuisance; Provisioning in the Indian Penal Code; Local Bodies Law; An overview.

Environmental (Protection) Act, 1986- Necessary and proper clause’: Concentration of Power on the Central Government; Delegated legislation: Power to Make Rules, Regulations and to issue directions: Delegation of powers.

Unit-II

Coastal Zone Management – Sea erosion; CRZ Notification; Prohibitions and exemptions; permissible, activates; Classification of zones; Regulation of sea resorts; Eco- tourism; Coastal Zone management plans; Aquaculture.



Unit-III

Laws on Hazardous Substance.

Preparedness of Environmental Disasters.

Unit-IV

Emerging Legal Controls- Eco-mark; Environmental audit; Environment Impact Assessment; Public Participation in environmental decision making; Environment information



Select Bibliography:

Leelakrishan , P. et al. (eds.), Law and Environment (1990), Eastern , Lucknow.

Leelakrishan, P., the Environmental in India (1999), Butterworth, India.

Department of Science and Technology, Government of India Report of the Committee for Recommending Legislative Measures and Administrative Machinery for Ensuring Environmental Protection (1980) (Tiwari Committee Report).

Indian Law Institute, Environment Protection Act; An Agenda for Implementation (1987)

Indian Journal of Public Administration, Special Number on Environment and Administration, July-September 1988, Vol. XXXV, No. 3.

Findley, R.W. and Farber, D.A. , Environmental Law.

Huges, David, Environmental Law (1999), Butterworth, London.

Armin Rosencrantz, et al. (eds.), Environmental Policy and Law in India. (2000), Oxford.

GROUP –F: JURISPRUDENCE

Object: Its object is to discuss the growth and development of law, various theories of justice, law and society and the concept of rights.

Outcome: The students shall be acquiring the complete knowledge regarding the origin, growth and development of law in addition to the concept of legal personality etc.

402- Paper-V (ELECTIVE PAPER): Law and Society

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit –I

The idea of Social Sciences Law as a Social Sciences, Sociology of Law as a relatively autonomous discipline. Place of law in the history of development of social science theory ; Durkheim ; Weber, Marx, The Idea of social system ; the problems of Societal integration.




Unit-II

Functions of Law, Law and Social Control, The law as Volkgiest. The public opinion and its impact on the making and implementation of law. pressure groups, lobbying and legal policies, lobbying for the poor.



Unit-III

Law as an instrument of social control- Impact of law in society: Notions of social control; religion, education and law as key instrumentalities of social control. Distinctive features of law as a means of social control


Unit-IV

Imposition of obligation to obey the, law, Incentives to compliance: Bentham’s conception of relevance of the law to social expectation, Varieties of sanctions. Legal Administration as an aspect of social control, Materialism and legal institutions. A Marxist view of legal development.



Select Bibliography:

Baxi, U, Towards Sociology of the Indian Law(1987)

Bentham, J., Theory of legislation (1985).

Ghai, Yash et al., The Political Economy of the Law: A Third World Reader (1987).

Friedman, Lawrence M, & Macoulary, Stewart (eds.), Law and Behavioral Sciences(1977)

Reasons, Charles E. & Rich, Robert M., The Sociology of Law. A Conflict Perspective (1978)

Stone, Julius, Social Dimensions of Law and Justice (1999), Universal.

Baxi , Upendra, “Durkheim and Legal Evalution : Some Problems of Disproof’, 8 Law & Society Review, 645 (1974)

Newman, Katherine S., “Law and Economic Organization: A Comparative Study of Preindustrial societies (1983).

Shukla, B.M., Law and Social Justice (1998) Rewat Pub., Nagpur

Max Webber on Law in Economy and Society, E, Shils & M. Rheinstein (Tr.) Cambridge (Pub.)

Friedman, W., Law in a Changing Society (1996), Universal.

Possit, Leopold , Anthropology of Law: A Comparative Theory, Ch. 5(1971).

Schwartz, Richara S., “Legal Evolution and Societal Complexity: A Reply to Professor Baxi” in 8 Law and Society Review53 (1974).

Katju, Markanday , Law in the Scientific Era (2000), Universal.

Baxi, Upendra, The Crisis of the Indian Legal System (1982), Vikas, New Delhi.

Baxi, Upendra , Towards a Sociology of Indian Law. (1986).

403- Paper –VI (ELECTIVE PAPER): Concepts of Rights

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.
Unit-I

Classification and Categorization of Rights: Constitutional Rights. Rights Protected by the IPC, Cr.P.C. New Rights generated in case law, Types of rights: Positive, negative, natural, legal, absolute, in rem, in personam, Correlation of rights with duties.



Unit-II

History of legal discourse on Rights; French revolution and rights of man; Locke Thomson paine, Roussean, Kant, The British Bill of Rights, The emergence of the American Bill Rights. The Karachi Resolution and the First Bill of Rights; The Constitutional debates in India: due process Rights of Minorities: Rights of Property.



Unit-III

Nature of Rights: What are rights; Rights as Trumps. Rights as utility, Rights as entitlement. Rights as values. Nature and Absolute Rights.



Unit-IV

Structure and basis of Rights: Correlation of Rights with other legal concepts- the Hohfeldian concept. Generation of Rights: The internal logic of the number of rights. Grounds for claiming rights. Explanations emerging from theory of self, theories of society and theories of morality.



Select Bibliography:

Baxi, Upendra: The Crisis of the Indian Legal System (1985), Vikas Publishing House, New Delhi.

Benn, S. and Peters R.L., Social Principles and the Democratic State on R. Brand, Ethical Theory ch. 17 (1959).

Feinberg, J., Social Philosophy (1973), Chs 4-6(1973).

Kamenka, E. and Tay, A.E.S. (eds.), Human Rights (1978).

Martin, R. and Nickel, J.W. Recent Work on the Concept of Rights, 17 American Phil, Quar, (1980).

Pennock J.R. and Chapman, J.W., (eds.), Human Rights: NOMOS XXIII (New York University Press 1981).

Raphael, D.D. (ed.), Political Theory and the Rights of Man (1967).

Tuck .R., Natural Rights Theories: Their Origin and Development (1979).

Hobbes, T., Leviathan, Chs. 13-14,21 and 29.

Locke, J., Tow Treatises of Government. 11 Chs. 2,5,11, and 18(1689).

Rousseau, J.J., The Social Contract Books, 1 and 11 (1762).

Burke, E., Reflections on the Revolution in France (1790).

Paine, T., The Rights of Man (1791).

Marx, K., On the Jewish Question in any Collection of Marx’s Early Writings (1843).

Mill, J.S. On Liberty

Green, T.H., The Principles of Political Obligation Lectures H-1 (1882).

Ritchie,D.C. Natural Rights (1894)

Feinberg, J., Duties, Rights and Claims, 3 American Philosophical Quarterly 137(1966).

Hart, H.L.A. ‘The Ascription of Responsibility and Rights’, 49 Proceedings of Aristotelian Society 171 (1948-49).

Bentham on Legal Rights, in Oxford Essays in Jurisprudence, Second Series (1973).

Hohfeld, W.N. Fundamental Legal Conceptions (1923).

Lyons, D., ‘Rights, Claimants and Beneficiaries, 6 American Philosophical Quarterly 173(1969).

McCormics, N., Rights in Legislation in P.M. S Hacker and Raj (eds.) Law, Morality and Socity Essays in Honour of H.L.A. Hart, P.M.S. Hacker and J. Raj (1977).

McCloskey, H.J. Rights 15 Phil. Quar. 54, 55 (1965).

Young, R. ‘Dispensing with Moral Rights’, 6 Political Theory, 63 (1978).

Feinberg, J. ‘Voluntary Euthanasia and the Inalienable Right to Life’, 7 Phil. And Public Affairs, 92 (1978).

Finnis, J ‘The Rights and the Wrongs of Abortion : A Reply to Judith Thomson’, 2 phil. and Public Affairs, 117 (1973).

Geworth A., ‘Human Rights and the Prevention of Cancer’, American Phil. Quar., 17 (1980), 117

McCloskey, H.J.’The Rights to Life 4, ,15 Philosophical Quarterly 115(1965).

Thompson, J.J. ‘A Defense of Abortion’, Phil and Public Affairs, 47 (1971).

Gewirth, A. ‘Civil Liberties as Effective Powers’, in Human Rights: Essays on Justification and Applications (1983).

Sarpiro , M., Freedom of Speech : The Supreme Court and Judicial Review (1966).

Dworkin , R.M., ‘Principle , Policy , Procedure, in Crime , Proof and Punishment: Essays in Memory of Sir Rupert Cross. (1981).

Beeker , L.C., Property Rights: Philosophic Foundations (1977).

Nozick , R, : Anarchy , State and Utopia , Ch. 7 (1974).

Singh Chhatrapti, Common Property and Common Poverty (1986).

Baxi, U., “Taking Suffering Seriously”, in 8-9 Delhi Law Review 91(1979-80).

Gewirth, M.N., ‘Starvation and Human Rights’, in Human Rights: Essays on Justification and Applications (1983).

Michelman, F.I., ‘Constitutional Welfare Rights and A Theory of Justice’, in N. Ameil (ed.) Reading Rawls, Critical Studies of A Theory of Justice (1975).

Feinberg, J., “The Rights of Animals and Unborn Generations” W.T. Blackstone (ed.) Philosophy and Environmental Crisis (1974).

Prey, R., Interests and Rights: The Case against Animals (1980).

Rights- Some Conceptual Issues’, 54 Australian Journ, of Phil., 99(1976).

Marshall , G. “Rights , Options and Entitlements’, in A.W. Simpson (ed.), Oxford Essays in Jurisprudence, Second Series(1973), Oxford.

Miller, D., Social Justice Ch. 2 (1976).

Perry, R. ‘A Paradigm of Philosophy: Hohfeld on Legal Right, 14 American Phil, Quarterly, 41 (1977).

Sen, A., ‘Rights and Agency, Philosophy and Public Affairs (1981).

Singh, Chhatrapti “Right to Life” in 28 Journal of the Indian Law Institute (1986).

Singh Chhatrapti, “The Inadequacy of Hohfeld’s Scheme” in 27 Journal of Indian Law Institute (1985).

Waldron, J. ‘A Right to Wrong’, 92 Ethics. 21(1981).

Cranston, M., What are Human Rights ? (1973).

Dworkin, R.M. Taking Rights Seriously (1996) Universal, New Delhi.

Finnies, J., Natural Law and Natural Rights (1980), Clarendon Press.

Pried, C., Right and Wrong (1978), Harward University Press.

Fledrich, C., ‘Rights, Liberties and Freedoms- Reappraisal’,57American Pol, Sci, Rev. 841 (1963).

McCloskey, H.J. ‘Human Needs, Rights and Political Values 134 American Philosophical Quarterly (1976).

Wasserstorm, R., ‘Rights, Human Rights and Racial Discrimination’, 628 (1964) 61 Journal of Philosophy.

Campbel, T., The Left and Rights (1983).

Mareuse, H., Repressive Tolerance , in R.P. Wolff, B. Moore, and H. Marcuse, A Critique of Pure Tolerance (1971).

Moore, and H. Marcuse, A Critique of Pure Tolerance (1971).

Raz., J. Professor Dworkin’s Theory of Rights’, 26 Polit. Studies, 123 (1978).

Taylor, C. ‘Atomism in A. Kontos (ed.), Powers, Possessions and Freedom: Essays in Honour of C.M. Macpherson (1979).

GROUP (G): CONSTITUTION & LEGAL ORDER

Object: The object of this course is to discuss the concept of welfare state, power of judicial review, federation and the concept of human rights.



Outcome: This course shall impart complete knowledge regarding federation and its various aspects in addition to power of judicial review.

402- Paper- V (ELECTIVE PAPER): Human Rights: Constitution of India

Max. Marks: 100

Credits: 5

Time: 3 Hours


Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

  1. Human Rights

    1. Freedom Movement and Human Rights

    2. Universal Declaration of Human Rights

    3. Framing of the Fundamental Rights in the Constituent Assembly.

  2. Fundamental Rights under the Constitution

    1. General

    2. Enforcement of the Fundamental Rights

Unit-II


  1. Right to Equality

    1. Formal Equality

    2. Material Equality

    3. Reservation and Equality- Socio-Economic Equality

  1. Citizenship and Political Freedoms

    1. Citizenship

    2. Political Freedoms under Article 19

    3. Restrictions on Freedom

Unit-III


  1. Right to Life and Personal Liberty

    1. Right to life-Meaning

    2. Human Dignity- Right not be subjected to torture, inhuman and cruel treatment.

    3. Personal Liberty- meaning and scope

  1. Due Process

6.1 Procedural due process

Substantive due process


Unit-IV


  1. International Perspectives

    1. UN Conventions

    2. Impact of International Law

    3. European Convention

    4. Amnesty International

  1. Human Rights Commission

    1. International Human Rights Commission

    2. Human Rights Commission in India

Select Bibliography:

Akbar, M.J. : Riots After Riots (1988)

Baxi, U. (ed.) : The Right to be Human (1986)

Baxi, U. : The Crisis of the Indian Legal System(1982) Vikas Publishing House, New Delhi

Kazmi, F. : Human Rights (1987)

Levin, L. : Human Rights (1982)

Madhavtirtha : Human Rights (1953)

Gromley, W.P. : Human Rights and Environment (1976)

Beddard, H. : Human Rights and Europe (1980)

Singh, Nagendra : Human Rights and International Co-operation (1969)

Kashyap, S.C. : Human Rights and Parliament (1978)

Khare, S.C. : Human Rights and United Nations (1977).

Moskowitz : Human Rights and World Order (1958)

Andrews, J.A. : Human Rights in International Law (1986)

Menon, I. (ed.) : Human Rights in International Law (1985)

Roberston, A.B. (ed.) : Human Rights in National and International Law (1970)

Baxi, U. : “ Human Rights, Accountability and Development” Indian Journal International Law 279 (1978)
403- Paper-VI (ELECTIVE PAPER) : Constitutional Pluralism: Protection of Special National Interests

Max. Marks: 100

Credits: 5

Time: 3 Hours


Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I


  1. Secularism & Pluralism

    1. Concept of Secularism

    2. Freedom of Religion

    3. Rights of the Minorities

    4. Protection of Linguistic Cultural & Educational Rights

Unit-II


  1. Gender Equality

    1. Rights of the Women

    2. Rights of the Children

  2. Weaker Sections of the Society

    1. Protection of SC’s and ST’s Interests

    2. Backward Classes of citizens

Unit-III


  1. National Security

    1. Legislation to Protect National Security

    2. Preventive Detention and Safeguards

  2. National Emergency

    1. Emergency under Article 352

    2. Effects of Emergency on Rights

    3. Effects on Union State Relations

    4. Protection of the States

Unit-IV

  1. State Emergency

    1. Failure of Constitutional Machinery in the State

  2. Financial Emergency

  3. Martial Law

Select Bibliography:

Koppell G.O. : “ The Emergency, The Courts and Indian Democracy” 8 J.I.L.I. 287(1966)

Seervai, H.M. : The Emergency, Future Safeguards and the Habeas Corpus: A Criticism (1978)

International Commission of Jurists, Status of Emergency and Human Rights (1984)

Chatterji, N.C. and : Emergency and the Law (196)

Rao Parameshwar

Seervai, H.M. : Constitutional Law of India, Tripathi, Bombay

Jain, M.P. : Indian Constitutional Law, Wadhwa, Nagpur


GROUP H: FEMINIST CRITIQUE OF LEGAL ORDER

Object: This course is designed with the object of discussing the concept of gender equality, patriarchal elements in Indian Law, gender perspective in international law and labour, gender and the law.

Outcome: The students shall acquire the knowledge of gender justice in terms of equality, international law and particularly in the area of labour and capital.

402-Paper-V (ELECTIVE PAPER): Labour, Gender and Law

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

Women Labour, sex ratio in employment in modern sectors, female labour in unorganized subsistence sector, self-employed women, “housewification” processes: quantification of domestic and family work and services. Paternalistic legislation and employment of women, hours of work legislation and exclusion of women from the labour force , considering flexible time of work, hazardous operations and women labour exclusion home –based production and exploitation of women’s, labour, with special reference to Beedi and Cigar Workers’Act.



Unit-II

Globalization and its impact own women workers , problems of unpaid work within the family , inclusion in the G.D.P. Maria Mies study of Andhra Pradesh, Manish Gupta and Anita Barkar Study of Women’s work, fatality and access to health care in Pune District, Maria Mics study of the lace-markers of Nagpur.



Unit-III

The anti-women model of development and planning whether in consonance with the constitutional obligations of the State, the enforcement of equalitarian laws, associational rights of working women , legal repression and fundamental rights, law reform and social action for the amelioration of situation.



Unit – IV

Self- employed women, conceptions of self-employment , SEWA- A Success story? Position of Self- employed women and their legal position, need for law reform.



Select Bibliography:

Baxi, U. : Law and Poverty : Critical Essays (1988).

Government of India , National Commission of Self- Employed Women (1988).

Government of India, Towards Equality : Report of the Committee on the Status of Women (1975) Ministry of Social Welfare.

Gupta, Manisha and Borkar, Anita : Women’s Work, Fertility and Access to Health Care (1988), the Foundation for Research in Community Health, Bombay.

Mitra, A., Pathok L, and Mukedi, S. : The Status of Women: Shift in Occupational Participation (1980).

Maria Mies, The Lace- Makers of Narsapur: Indian Housewives Prepare for the World Market (1982).

Maria Mies, Indian Women in Subsistence and Agricultural Labour (1987).



403-Paper-VI (ELECTIVE PAPER): Population Planning and the Role of Women

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

Poverty and population, population policy perspective, constitutional and political aspects of population policy, notions of fertility , raising the minimum age of marriage and compulsory registration of marriage through law- problems and prospects, population planning and equal inheritance rights, education, employment of women- factors affecting fertility, nutritional sex discrimination, “social sterilization” of widows, polygamous marriages, uniform civil code and population planning , need for clear –cut population policy.



Unit-II

Adverse sex ratio and legal order, infant mortality rate of girls , amniocentesis, the law relating to manufacture, advertisement and sale of contraceptives, vasectomy v tubectomy, discrimination against women in family welfare programmers, incentives and disincentives for family planning , abortion law and services, coercive/compulsory family planning measures -1975-1976 emergency excesses, injectible , contraceptives, women’s health and well-being and judicial response, human rights issue and sterilization of the unit.



Unit-III

Laws on Economic factors affecting the family , concept of number of children in relation to maternity benefits, Maternity Benefits Act, 1961, Factories Act, Workmen’s Compensation Act, 1923, Minimum Wages Act, 1948, Child Labour & regulation and population planning.



Unit-IV

Illegal migration and problems, fundamental right for movement, migration, growth of informal sector and quality of life- problems for the Indian population the Bombay pavement dwellers, the Hawkers cases, the sons of soil movement.



Select Bibliography:

Mistra, Ashoka : The Indian’s Population: Aspects of Quality Control, (1978).

Chandraeskhar, S. : Population and Law in India, (1976).

Govt. of India, Towards Equality Report of the National Committee on the Status of Women (1975)

Govt. of India, The Shah Commission Report on Emergency Excesses (1978). Relevant Articles from the Economic and Political Weekly.

GROUP: I SCIENCE, TECHNOLOGY AND LAW

Object: The course shall aim at providing the knowledge and understanding of the interface between law and science, technology, medicine and Biotechnology.

Outcome: The course shall equip the students with the complete knowledge of law, science, technology and the medicine in their cognate relationship.

402- Paper-V (ELECTIVE PAPER): Biotechnology and Legal Regulation

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Objectives of the course:

Biotechnology a frontier technology – has already transformed the world; and has the potential for radically altering it in the next half century. Arising primarily out of decoding of DN/RNA, biotechnology (through recombinant – DNA Research) has already created new norms of plant and animal life, profoundly attaching agriculture and livestock. Experiments in modification of man are also under way.

These new developments hold promise as well as perils for human survival and human rights. They also pose unique challenges to the law as social technology. It is essential for would be lawpersons in India to have a basic grasp of this frontier technology, which is rapidly evolving in India as well.



Prepared with the above perspectives the following syllabus comprises of about 42 units to be spread over a period of one semester.

Unit-I

  1. Introductory.

    1. Decoding the structure of the DNA/RNA.

    2. The technology of Splicing.

    3. Cloning.

    4. Cell- Fusion.

    5. Genetic Engineering.

    6. The problem of biohazards in recombinant DNA Research.

    7. Men should not play God and create new forms of life unknown to nature.

    8. Social responsibility of scientists.

    9. Multi-national and imperialist appropriation and use of biotechnology.

    10. Failures of self –regulation and vicissitudes of legal regulation.

    11. The right of scientific research as an aspect of basic human rights.

    12. There is no cost-free innovations and inventions.

    13. Biohazards can be contained.

    14. Non-exploitative Biotechnology is both conceivable and likely.

    15. Legal incentives such as patenting or new life-forms is a necessary, though not Sufficient, condition for advances in frontier technologies.

Unit-II

  1. Biotechnology Agro –business and Biological Diversity.

    1. Plant Genetic Resources in Nature: abundance of biological diversity.

    2. The Genetic mutation of seed: Seed industry at global level : Indian Seeds Act, 1966

    3. The impact of Biotechnology on Biological Diversity: Erosion of plant genetic resources.

    4. Patenting of new plant varieties.

    5. The green revolution and biotechnology.

      1. Growth of fertilizer and pesticide industry.

      2. Impact of fertilizer and pesticides on agricultural workers.

      3. Bhopal green revolution and biotechnology.

      4. Agro-business and reckless commercial exploitation of biotechnology.

Unit-III

  1. Biotechnology and Human Health.

    1. Genetic Markers: Diagnostic biotechnology.

    2. Conquest of disease.

    3. Genetic screening: Prevention of genetic disease and mental retardation.

    4. Genetic screening: Uses and abuses of amniocentesis.

    5. Cloning of human being.

    6. Obsolescence and resilience of Law.

Unit-IV

  1. Legal Regulation of Biotechnology.

    1. Regulation of government sponsored research.

    2. Regulation of private R& D.

    3. Regulation of deliberate release of genetically mutated mico-organisms.

    4. Regulation of accidental release of genetically mutated micro-organisms.

    5. Comparative perspectives: U.S.A., E.E.C., U.K., India.

Select Bibliography:

Baxi , U., Biotechnology and Legal order : Dilemmas of the future of law and Human Nature(1993).

Bull, D.,A Growing Problem : pesticide and the Third world poor (1982).

Doyle, J.,Altered Harvest, Agriculture, Genetics and fate of the world’s Food Supply(1986).

Harsany, Z. & Hution, R., Genetic Prophecy: Beyond the Double Helix (1987).

United Nations, Our Common Future : The World Commission on Environment and Development (1987).

Symposium on Biotechnology and Law, 11 Rutgers Computers and Technology Law Journal (1985).
403-Paper-VI (ELECTIVE PAPER): Epidemiological and Public Health aspects of Science and Technology

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Objectives of the course:

Health is a basic human right. This has been so recognized in the Declaration made by the International Conference on Primary Health Care at Alma-Ata (USSR) in 1978, to which India is a signatory. Expressing the need for urgent action by all governments to protect and promote to all the people of the world, health is declared as “Fundamental Human Right:, Here “Health” means not merely the absence of disease or infirmity , but “a state of complete physical, mental and social well –being”.

The signification of projecting health as a fundamental human right is that it becomes the basic responsibility of the state to protect and promote the health of the population under its jurisdiction, according to Alma-Ata Declaration, such and obligation can be fulfilled only, by the provisions of adequate health and social measures are based on practical, scientifically sound and socially accessible methods and technology made universally accessible to individuals and families in the community through their participation, the question is how to optimize the social uses of medical knowledge and technology, consistently with our own historical, cultural , moral , religious , philosophical perspectives and values- systems.

Looking at the demographic and health picture of the country, we find that a lot still remains to be done on the health count. The high rate of population growth continues to have an adverse effect on the health of our people and quality of their lives. The extent and severity of malnutrition continues to be exceptionally high. Communicable and non-communicable diseases have still to be brought under effective control and a fairly high incidence in the country. A substantial share of diarrheal diseases and other preventive and infectious diseases, especially amongst infants and children, are caused by lack of safe drinking water, poor environmental sanitation, poverty and ignorance.

For realizing the objects of public health and that too within a stipulated period medical science and technology is an indispensable ally.

Moreover, for its sustenance there is a large variety of inputs flow into public health. These inputs relate to such sectors as may include drugs and pharmaceuticals, rural development, education and social welfare, housing, potable water, sanitation, etc. with all these inputs. ‘public health becomes, perhaps , one of the largest and most complex enterprise or its integrated and efficient functioning, the public health delivery systems do need the crucial support of Law to minimize social injustices and maximize social benefits.

The following syllabus prepared with this perspective will be spread over a period of one semester.



Unit-I

  1. Human resources: medical science and technology.

    1. Biomedical concept – health as absence of disease.

    2. Ecological concept- health as a state of balance between man and environment.

    3. Bio-social and bio-cultural concept –health includes the consideration of social , cultural and psychological factors.

Unit-II

  1. Health as Basic Human Right and Public Health.

    1. Undue emphasis on curative medicine as the basis of primary health care (as a result of uncritical acceptance of the western model of medical health care).

    2. Concentration of health care services in urban areas.

    3. Meagre resource allocations to cover the hitherto uncovered rural population.

    4. Neglect of preventive, promotive and rehabilitative aspects of health care.

Unit-III

  1. Population stabilization: public health and family planning.

    1. Correlation between population stability and primary health care.

    2. Modes of enforcing small – family norms.

    3. Health for all: Alma –Ata declaration.

    4. Sectors serving as inputs to public health.

      1. Drugs and pharmaceuticals.

      2. Agriculture and food production.

      3. Rural development.

      4. Education and social welfare.

      5. Housing.

      6. Potable water.

      7. Sanitation.

      8. Prevention of food adulteration.

      9. Immunization.

      10. Conservation of environment.

Unit-IV

  1. Some issues

    1. Suicide

    2. Euthensesia.

    3. Foeticide.

    4. Homo-sexual marriages.

    5. Assisted Human reproduction technology.

Another related issue, at what stage the dignity of human person is said to be conferred on an embryo?

(Note: To some, abortion is equivalent to killing a person and, therefore, it is not acceptable at any cost. Other argues that status of person does not begin until after birth; unfertilized spermatozoa and eggs are living cells comparable to other body cells, and no one claims their rights to life. Will then a fertilized ovum have a right to life immediately after fertilization).

7.3 Universal primary health care versus specialized medical care.

Select Bibliography:

Report of working group on Health for all by 2000A.D. (1981)

Roberts, M.J., “The Logical and Philosophical Problems of Allocation of Scarce Health Care Resources”, in Health Policy towards the 21st Century, 47-72(1984)

Ramalingaswami, V., “Medicine, Health and Human Development”, The Ninth Jawaharlal Nehru Lecture, New Delhi, Nov.1975

Kulpati, D.D., “The Basic Concepts of Health”, in Dilemmas in Health Human Right”, in Dilemmas in Health Policy, at C-9, C-13 (1986)

Kumar, Pragya & Kumar, Virendra. “Health as a Fundamental Human Right”, in Dilemmas in Health Policy, at C-1, C-8 (1986).



GROUP- J-HUMAN RIGHT LAW

Object: The object of this course is to discuss the concept and development of human rights, international humanitarian law, refugee law and the relationship between human rights and science and technology.

Outcome: The students shall be well aware about the concept of human rights in its historical background in addition to the international development in the area of human rights and the law relating to science and technology.

402-Paper-V (ELECTIVE PAPER): International Humanitarian Law and Refugee Law

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

International Humanitarian Law- its nature and various branches. Humanization of warfare; amelioration of the wounded and sick. Armed forces in the field. Armed forces at sea. The shipwrecked, protection and facilities. Prisoners of War, Civilians in Time of War. Cultural properties.



Unit-II

The principles of Humanitarian Law- fundamental principles, common principles, principles , principles applicable specifically to war victims, Control of weapons; conventional, chemical, biological, nuclear. Humanitarian law; Implementation- Red Cross and its role, national legislation.



Unit-III

The concept of refugees; definition of refugees and displaced persons- their problems, the United Nations relief and Rehabilitation administration and other international refugee organizations; international protection. Protection under national laws.



Unit-IV

Strategies to combat refugee problem; repatriation, resettlement, local integration and rehabilitation UNHCR – role. UNHCR and India.



Select Bibliography:

Chimni, B.S., International Refugee Law (2000)

Calier, Jean Yves, Who is a Refugee? A comparative case Law Study (1997)

Askin , Kelly Dawn, War Crimes Against Women(1997)

Balachandran M.K. and Varghese Rose, Introduction to international Humanitarian Law (1997)

Gill, Guy.S. Goodwin, The Refugee in International Law (1996)

Veral , Gowlland Debbas; The Problem of Refugees in the light of contemporary international Law issues(1996)

Antipersonnel Landmines Friend of Foe?, International Committee of Red Cross (1996)..

Resettlement Handbook, The United Nations High Commissioner for Refugees.

Hathaway, James C. and Dent., Hohn A., Refugee Rights: Report on A comparative survey, (1995)


403- Paper-VI (ELECTIVE PAPER): Science, Technology and Human Rights

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I

Inter- relationship of Science, technology and Human Rights, Implication of Development of Science and technology on Human Rights; Right to environment in the development of Science & technology, Right to development in the advancement of science and technology. Right to human health and impact of development in medical science.



Unit-II

Medicine and the Law: organ transplantation. Experimentation on human beings. Euthanasia Gene therapy.



Unit-III

Issue of Human Rights, Ethics in Scientific and technological development; Sex determination test. Induced abortion, Reproductive technology, cloning, in—vitro fertilization. Artificial insemination. Surrogate Motherhood.



Unit-IV

Impact of Scientific and technological progress of Human Rights: Causes of Rights to privacy invasion through technological devise; identity card system biometrics, surveillance of communications, internet E- mail interception, video surveillance, work place surveillance. Protection of Right to Privacy; Interception of communication Under POTA Act 2002, Protection of POTA under I.T. Act, 2000.



Select Bibliography:

Diane Rowland, Elizabeth Macdonald , Information Technology Law (1997)

Suresh T. Viswanathan, The Indian Cyber Law (2000)

The International Dimensions of Cyberspace Law (2000) UNESCO Publication.

D.P. Mittal , Law of Information Technology (Cyber Law) (2000)

Michael Chissick, Alistair Kelman, Electronic Commerce, Law and Practice (1999)

Adwin W. Patterson, Law in a Scientific Age (1963)

Steve Jones, Borin Van Leon, Genetics for Beginners (1993)

Weeramantry, C.G. , Human Rights and Scientific and Technology Development (1990)

Kamenka , E., Ideas and Ideologies Human Rights (1978)

Galtung, Human Rights in Another Key (1994)

Akbar, M.J., Roits After Roits (1988)

Baxi, U. (ed.), Rights to be Human (1986)

Kazmi, F., Human Rights (1987).

Levin, L., Human Rights (1982)

Gromley W.P., Human Rights and Environment (1976)

Madhavtirtha, Human Rights (1953)

Beddard H., Human Rights and Europe (1980)

Swarup, J., Human Rights and Fundamental Freedoms (1975)

Nagendra Singh, Human Rights and International Cooperation (1969).

Kashyap, S.C., Human Rights and Parliament (1978)

Khare S.C. , Human Rights and United Nations (1978)

Moskowitz, Human Rights and World order (1958)

Drost, Human Rights as Legal Rights (1965)

Garling M., Human Rights Handbooks (1979)

Andrews, J.A., Human Rights in Criminal Procedure (1982)

Kalaish, A.B. , Human Rights in International Law (1986)

Menon, I, (ed.) , Human Rights in international Law (1985)

Roberson, A.B. (ed.) , Human Rights in National and international Law(1970)

Lautherpacht, E., International Law and Human Rights (1968)

Robertson, E., Human Rights in the World (1972)

Sohn, Lonis & Burgenthal, International Protection of Human Rights (1973)

Baxi, U., “Human Rights, Accountability and development”, Indian Journal of International Law , 279, (1978)

Basu, D.D., Human Rights in Constitutional Law (1994)

Macfarlane, L.J., The Theory and Practice of Human Rights (1985)

Krishna lyer, V.R., Human Rights –A Judge’s miscellany (1985)

Rama Jois, M., Human Rights: Bharatiya Values (1998).
GROUP K: ADMINISTRATIVE LAW

Object: The course is designed with the object of providing knowledge regarding administrative law including administrative process and its judicial control, delegated legislation, control of maladministration and the public authorities.

Outcome: The students shall be acquiring the complete knowledge, regarding administrative process, delegated legislation, liability of public authorities etc.

402-Paper-V (ELECTIVE PAPER): Public Authorities: Liability

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I


  1. Liability in tort

    1. General – nuisance and strict liability.

    2. Breach of statutory duties.

    3. Negligence.

  2. Misfeasance in public office

Unit-II

  1. Liability in contract and restitution

    1. Liability in contact, judicial controls.

    2. Govt. Contracts – Law and policy.

    3. Liability to make restitution.

Unit-III

  1. Personal accountability

    1. Nature of personal accountability in law.

    2. Payment of compensation.

    3. Accountability under consumer law.

  2. Public interest immunity

    1. Govt. Privileges.

    2. Public interest immunity: the balancing process.

    3. Exemption from statutes.

Unit-IV

  1. Promissory estoppels

    1. Nature and scope.

    2. Misleading advice

    3. Legitimate expectations.

    4. Constitutional Dimensions.

Select Bibliography:

Friedman, the State and the Rule of Law in a mixed economy.

Brown, Neville L. and Garner , J.F., French Administrative Law.

Dicey, Introduction to the Law of the Constitution.

Jennings, lwor, Law and the constitution

Schwartz & wade, Legal Control of Government

Davis, Discretionary Justice.

Jain & jain , Principles of Administrative Law (1986), Tripathi, Bombay.

Smith, De, Judicial Review of Administrative Action (1995)

Indian Law Institute, Government Regulation of Private.

Thornhill, W., (ed.), The Growth and Reform of English Local Self- Government (1971), Weidenfeld and Nierlson, London.

Mookerji , Radhakumud, Local Government in Ancient India (1985), Daya Publishing , Delhi.

Venkatarangaiya, M. and Pattabhiram , M., Local Government in India (1969) Allied, New Delhi.

403-Paper-VI (ELECTIVE PAPER): Comparative Administrative Law

Max. Marks: 100

Credits: 5

Time: 3 Hours

Note: (1) There shall be total V Units in the question paper. Unit-I shall contain one compulsory question having four parts of five marks each. This question shall be spread over the entire syllabus. There shall be two questions in each Unit i.e. Unit-II to Unit-V. The student is required to attempt four questions by selecting one question from each Unit i.e. Unit-II to Unit-V. Each question shall carry twenty marks.

Unit-I


  1. Administrative Law of France

    1. Nature and characteristics of Droit administration.

    2. Administrative courts.

Unit-II

  1. Administrative process: Nature and scope

    1. Due process of Law.

    2. Substantive control

    3. Delegated legislation – comparative approaches in UK, USA and India.

  2. Administrative adjudication : tribunal system

    1. England – Franks committee report, council on tribunals.

    2. USA

    3. Need For reforms in India.

Unit-III

  1. Administrative discretion

    1. Control of discretion – a comparative approach in England, USA etc.

    2. Under the European community law- proportionality and legitimate expectation.

Unit-IV

  1. Judicial control in USA, England , France

    1. Writs

    2. Ordinary remedies.

  2. Liability of the administration.

    1. Tort.

    2. Contract.

    3. Personal accountability

Select Bibliography:

Schuck, Peter H., Foundations of Administrative Law (1994) oxford, New York.

Friedman, The State and the Rule of Law in a Mixed Economy.

Brown, Neville L, and Garner J.F., French Administrative Law.

Jennings, lvor, Law and the Constitution.

Schwartz & Wade, Legal Control of Government.

Davis, Discretionary Justice.

Smith, De., Judicial Review of Administrative Action (1995)



Hawke, Neil and Papworth, Neil, Introduction to Administrative Law (1996), Lawman, New Delhi.

Basu , D.D., Comparative Administrative Law (1998).

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