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PANJAB UNIVERSITY, CHANDIGARH-160014 (INDIA)

(Estd. under the Panjab University Act VII of 1947-enacted by the Govt. of India)

FACULTY OF LAW

OUTLINES OF TESTS SYLLABI AND COURSES OF


READING

FOR

LLM-One Year Course at UILS

For the Session 2019-2020


ONE YEAR LL.M. COURSE
LIST OF PAPERS (2019-20)

1ST SEMESTER

S.No Law, Science & Commercial and Constitutional And


Technology Corporate Laws Administrative Law
Compulsory Subjects

1. Law & Justice in Globalising World, P-I


2. Legal Education and Research Methodology, P-II
Optional Subjects
3. Law Health & Technology Corporate Governance Centre-State Relations
P-III and Corporate Social and Constitutional
Responsibility, P-VI Governance, P-XVI
4. Intellectual Property Rights Banking & Insurance, P- Media Law, P-VII
in 21st Century, P-IV VII

5. General Principles of Commercial Arbitration, Police and Security


Criminal Law and Forensic P-VIII Administration, P-XVIII
Studies, P-V
6. Term Paper

2ND SEMESTER

Compulsory Subject
1. Comparative Public Law, P-IX
Optional Subjects
2. Law relating to Cyber Space International Trade Law, Fundamental Rights
and E-commerce, P-X P-XIII and Directive
Principles, P-XIX
3. Legal Pedagogy, Language Transnational Administrative Law, P-
and Education, P-XI Corporation and Human XX
Rights , P-XIV
4. Environmental Law and Labour and Employment Environment Law, P-
Policy, P-XII Law, P-XV XXI

5. Dissertation & Viva-Voce


SCHEME OF EXAMINATIONS:

The scheme of examination of papers of both the semesters (excluding


dissertation) shall be as under:-

Maximum 100 marks will be allotted for each paper (except term paper and
dissertation). These marks will be further divided into two parts i.e. theory
examination (75 marks) and Seminar (25 marks).

THEORY EXAMINATION (75 MARKS):

For the theory examination the whole syllabus shall be divided into IV Units. Question
paper will be divided into five units. Unit I will have one compulsory question of 25
marks, from Unit-I, II, III & IV of the syllabus, consisting of 5 parts (at least one part
from each Unit ) of 5 marks each. Unit II, III, IV and V of the question paper
corresponding to the Unit-I to IV of the syllabus will have two questions each and the
students will be required to attempt one question of 12 ½ marks each from each unit.
The focus of the papers shall be to critically examine the academic/research aptitude
of the LL.M. students.

INTERNAL ASSESSMENT:

SEMINAR (18 MARKS):

The Seminar will include a research paper of 2000 words excluding footnotes, (Font
size 12- Times New Roman-Spacing 1 ½) and its presentation. The topic of the
Seminar will be given by the concerned teacher in the class. The seminar and its
presentation shall be evaluated by a Committee consisting of One Professor or
Associate Professor and two concerned teachers

Research paper 09 marks

Presentation 09 marks

Mid Semester Test 07 marks

TERM PAPER: 50 (MARKS):

There will be Term Paper of 35-50 pages (font-12-Times New roman and spacing 1 ½ )
to be assigned by the concerned teacher/s in the class on the relevant subject. The
term paper shall be evaluated by an external examiner. Three names of external
examiners will be proposed by the concerned teacher/s and out of which one name
will be recommended by the committee of all Professors of the Department to be
approved by the DUI.
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: LAW AND JUSTICE IN GLOBALIZING WORLD


PAPER-I
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: In this age of Globalisation, the international community of States


is emerging as global community of Individuals. This transformation has
initiated many changes in the concept of Law and Justice along with their
ancillary institutions. The aim of this paper is to introduce the students to the
shifting paradigms of state sovereignty, human rights, global justice and legal
profession, in the contemporary context.

Unit-I
Globalisation: Concept and Social, Political and Economic Dimensions
Globalisation and State Sovereignty

Unit-II
Theories of Global Justice: John Rawls Theory of Justice; Gandhian Theory of
Justice; Amartya Sen’s Capability Approach
Cosmopolitanism and Global Justice

Unit-III
Globalisation and Human Rights
Emergence of Transnational Law in a Globalizing World

Unit-IV
Globalisation and Administration of Justice
Globalisation and Legal Profession

Suggested Readings:

Books

· Manfred B. Steger, Globalization: A Very Short Introduction, Oxford


University Press, 4th Ed, 2017

· Amartya Sen, Development of Freedom, Oxford University Press, 1999.


· Amartya Sen, The Idea of Justice, Oxford University Press, 2009.
· Amit Bhandari, Development with Dignity, National Book Trust of India,
New Delhi, 2005.
· Andreas Follesdal and Thomas Pogge (eds.), “Real World Justice: Ground,
Principles, Human Rights and Social Institutions, Springer, The
Netherlands, 2005.
· Andrew Kuper, Democracy Beyond Borders: Justice and Representations
in Global Institutions Oxford University Press, 2004.
· Anthony McGrew, David Held (eds.), Governing Globalisation: Power,
Authority and Global Governance, Polity Press, 2002.
· Ashok Nathan, Economic Liberalization and its Implication for
Employment, 2002.
· Boauventura de Sousa Santos, Cesar A. Rodriguez-Garavito (eds.) Law
and Globalisation from Below, Cambridge University Press, 2005.
· Brijesh Babu “Human Rights and Social Justice” Global Publications,
New Delhi-2010
· D. R. Saxena (ed.), Law, Justice and Social Change, Deep & Deep
Publication, New Delhi, 1996.
· David B. Goldman, Globalisation and the Western Legal Tradition:
Recurring Patterns of Law and Authority, Cambridge University Press,
2008.
· David Held(ed.), A Globalizing World? Culture, Economics, Politics, 2004.
· David Kinley, Civilizing Globalisation: Human Rights and the Global
Economy, Cambridge University Press, 2009.
· Gillian Brock and Darrel Moellendorf (eds.), “Current Debates in Global
Justice”, Springer, The Netherlands, 2005
· Gillian Brock, “Global Justice A Cosmopolitan Account”, Oxford
University Press, 2009
· John Rawls, “A Theory of Justice”, Harvard University Press, 1971.
· John Rawls, “Justice as Fairness: A Restatement”, Harvard University
Press, 2001.
· Martha C Nussbaum, “ Frontiers of Justice Disability, Nationality, Species
Membership”, Harvard University Press, 2006.
· N. R. Madhava Menon (ed.), “Social Justice and Social Process in India,”
Indian Academy of Social Sciences, Allahabad, 1988.
· P. Ishwara Bhat, “ Law & Social Transformations”, Eastern Book Co.,
Lucknow 1st ed, 2009.
· Pablo De Greiff and Ciaran Cronin(eds.), “Global Justice and
Transnational Politics”, The MIT Press Cambridge,2002.
· Simon Coney, “Justice Beyond Borders: A Global Political Theory”, Oxford
University Press, 2005.
· Wenhua Shan, Penelope Simons et al., “Redefining Sovereignty in
International Economic Law”, Hart Publishing, 2008.
· World Commission on Social Dimension of Globalisation, “ A Fair
Globalisation: Creating Opportunities for All”, 2004
Articles

1. Ajit Pal Singh, “Globisaliation and its impact on National Policies, with
Reference to India: An Overview of Different Dimensions” 13 (2) World
Affairs: The Journal of International Issues, 66-85, (2009)

2. Amit Kumar Sinha, “Human Rights in the Era of Globalisation” (6)


Madras Law Journal 124-136 (2010).

3. Anupam Hazra, Indians in Need of Rehabilitation, 8 (3) Indian Journal of


Public Administration 29-35 (2009).

4. B.S. Chimni, “International Institutions Today: An Imperial Global State


in the Making” 15(1) European Journal of International Law (2004).

5. S.N. Sangita and T.K. Jyothi, “Globalisation, Participatory Democracy


and Inclusive Governance: Experiences in India” 55:4 Indian Journal of
Public Administration 813- 828 (2009).

6. Shyam Krishan Kaushik, “Of Sovereignty: Fresh Look” 52 (1) Journal of


the Indian Law Institute 60-79 (2010).

7. Vivek Kumar Mishra, “Globalisation, social justice and marginalised


groups in India”, 19(4) World Affairs : The Journal of International Issues
60-73, (2015).
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT : LEGAL EDUCATION AND RESEARCH METHODOLOGY


PAPER-II

Maximum Marks: 100


Theory Paper: 75
Seminar: 25

Objective:The main objective of this course is to acquaint the students of law


with the scientific methods of social science research and is expected to provide
the knowledge of the various techniques of selection, collection and
interpretation of primary and secondary data in socio legal research. Emphasis
would be laid on preparing a foundation to conduct research. By the end of the
course, students are expected to develop a scientific approach to socio legal
problems and shall be able to design and execute small scale research
problems. The practical skill in conducting research will be evaluated on their
performance in field research or workshops/seminars, still an endeavor will be
made to unveil various aspects of Legal research to the students of Law as well
as development of Legal writing skills among them which are crucial for the
success in Legal profession these days.

Unit-I

Legal Research: Nature, scope and objectives. Various approaches to Legal


Research: Doctrinal and Non Doctrinal. Socio-Legal Research. Identification
and formulation of Research Problem. Survey of existing literature. Research
Design

Unit-II
Hypothesis.
Sampling techniques in research
Primary and Secondary Data; Data collection techniques: Case Study,
Observation, Interview, Questionnaire and Schedule, Survey, Historical

Unit-III
Data Processing: Editing, Coding and Classification.
Techniques of Data Presentation in Research: Tabulation, Diagrammatic and
Graphic. Analysis and Interpretation of Data

Unit-IV
Legal Research Report
Research Proposal
Dissertation/ Thesis Writing
Foot Notes and Bibliographic Techniques.
Role of Library
Computer and Internet in Research and Legal Data bases in research
Issues of Copy Right and Plagiarism in Research
Research Funding: Role of Government and other Agencies; Practical
difficulties involved in allocation and utilization of Funds. Ethics in Legal
Research
Suggested Readings:
· Burney,D.H. and Theresa L. White, Research Methods, Akash Press, New
Delhi, First Indian Reprint,2007.
· Denzin, N.K. and Yvonna, S. Lincoln,(Ed),Collecting and Interpreting
Qualitative Materials, SAGE Publications, Inc. California,Fourth
Edition,2013.
· Edmonds ,W.A. and Tom D. Kennedy., An Applied Reference Guide to
Research Designs-Quantitative, Qualitative and Mixed Methods, SAGE
Publications Inc. California, 2013.
· Fitzgerald ,J. and Jerry Fitzgerald, Statistics for Criminal Justice and
Criminology in Practice and Research-An Introduction, 2014
· Goode,W.J. and Paul, K. Hatt., Research Methodology, Prentice Hall of
India Pvt. Ltd. New Delhi, Latest Edition.
· Guest ,G. (et. al),Collecting Qualitative Data- A Field Manual for Applied
Research. SAGE Publications Inc. California, 2013.
· Kumar, R., Research Methodology-A Step by Step Guide For Beginners,
SAGE Publications India Pvt. Ltd., New Delhi. Latest Edition.
· Leary, Z.O., The Essential Guide to Doing Research, Vistaar Publications,
New Delhi. First Indian Edition,2005
· Loseke, D.R.., Methodological Thinking-Basic Principles of Social
Research Design, SAGE Publications India Pvt. Ltd., New Delhi. 2013.
· Myneni, S.R., Legal Research Methodology, Allahabad Law Agency,
Faridabad,Fifth Edition,2012.
· Richards, L. and Janice ,M. Morse., README First For a User’s Guide to
Qualitative Methods, SAGE Publications, Inc. California,2013.
· Singh, Rattan, Legal Research Methodology, Lexis Nexis Publications,
Gurgaion, Haryana, Edition,2013
· Verma,S.K. and M. Afzal Wani, Legal Research and Methodology, The
Indian Law Institute, New Delhi. First Reprinted Edition,2006.
· Yaqin , A., Legal Research and Writing Methods, LexisNexis Butterworths
Wadhwa , Nagpur .First Reprint,2011
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: LAW HEALTH AND TECHNOLOGY


PAPER-III
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The law is an important determinant of how health of an individual


is regulated and Maintained. Health has not received due attention in Legal
studies. T he course ai+ms to give comprehensive and practical approach to the
students to make them aware of the developments in medical sciences, to
explore various ethical and legal health issues and challenges posed by new
scientific and technological developments and to equip them to face the recent
challenges raised by the modern issues in contemporary era.

Unit-I
Right to health and impact of scientific development: Sex Determination Test
with reference to Pre – Conception and Pre- Natal Diagnostic Techniques Act,
1994
Artificial Reproductive Technologies with reference to surrogacy and its impact
on the women health as well as on society
E-Waste and Health Hazard
Abortion ,Induced abortion and VI Medical Termination of Pregnancy Act, 1971

Unit-II
Law and Health: World Health Organization, its objectives and role
Constitutional provisions relating to health
Various legislations in India and right to health: The Child and Adolescent
Labour (Prohibition and Regulation) Act 2016
Right to health and The Factories Act, 1948 with reference to Amendment Bill,
2016
Right to health of working women with reference to Maternity Benefit Act, 1961

Unit-III
The Food Safety and Standards Act, 2006
Environment Pollution with reference Water (Prevention and Control of
Pollution) Act, 1974, Air Pollution Act, 1981

Unit-IV
The Prohibition of Employment as Manual Scavenger and their Rehabilitation
Act, 2013
The Cigarettes and other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce Supply and Distribution) Act, 2003,
Impact of drug abuse on health
Suggested Readings:

· Dr. Gupta and Dr. Aggarwal, Medical Jurisprudence and Toxicology


(Practice and · Procedure), (Premier Publication Company, 2011).
· Johnarthan, Herring, Medical Law and Ethics, (Oxford University Press,
3 rd Edition, · 2010)
· Patnaik, K. and Mathiharan, K., Modi’s medical Jurisprudence and
Toxicology, · (Lexis Nexis Butterworths , 23 rd Edition, 2006)
· Dr. Seema Rathi, Reproductive Technology and Human Rights, Deep &
Deep · Publications, 2012
· Modi Medical Jurisprudence And Toxicology, Lexis Nexis Publication
2011
· Human Cloning Prohibition Act of 2001 (USA)
· Human Fertilization and Embryo Act (HFEA of· Human Fertilization and
Embryo Act (HFEA of UK), 1990 and its subsequent Amendments of
2000 & 2001
· Human Reproductive Cloning Act of 2001 (UK) · The Assisted
Reproductive Technologies (Regulation) Rules, 2010. · The Delhi Artificial
Insemination (Human) Act, 1995. · http://geneticsandsociety.org ·
http://www.dnapolicy.org · www.geneticsandsociety.org ·
www.geniticsandsociety.org · www.icmr.org.in
www.samawomenhealth.org
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I
SUBJECT: INTELLECTUAL PROPERTY RIGHTS IN TWENTY FIRST
CENTURY
PAPER-IV

Duration: 3 hours Maximum Marks: 100


Theory Paper: 75
Seminar: 25

Objective: The paper is designed to highlight the developments in


intellectual property rights and to make students conscious of various issues
in protecting intellectual property rights in twenty first century. The
objective is to identify the changes needed in the present laws to achieve
the sustainable development.

Unit - I
Introduction to Intellectual Property
Concept of Intellectual Property
Kinds of Intellectual Property: Patents, Trademarks, Copyrights, Plant
Varieties, Designs and Geographical Indications
Economic importance of Intellectual Property

Unit-II
Ethical, Moral and Human Rights Perspectives of Intellectual Property
Rights
Right to Health as Basic Human Rights and IPR
Right to Food as Basic Human Rights and IPR

Unit-III
Transfer of Technology, Sustainable Development and IPR
Transfer of Technology and Economic Development
Issues and Concerns of Developing Countries
Protection of Traditional Knowledge and IPR
Concept of Traditional Knowledge
Protection of Traditional Knowledge and Indigenous Knowledge
Bio-Piracy
Need for A Sui Generis Regime, Sui generis protection of plant varieties under
the TRIPS and the International Union for the Protection of New Varieties of
Plants (UPOV) Convention.
Unit-IV

Environmental Implications of Intellectual Property, Implications of


Patent protection for plant, animal and biotechnological inventions-

Biotechnology and Bioethical Implication of IPR, Legal Issues in Patenting


Biotechnological Inventions and Human Genomes

The Relationship between TRIPS Agreement and the UN Convention on


Biological Diversity; Issues relating to Patent provisions under Article 27.3 of
TRIPS

Suggested Readings:

· Narayanan, P.: Intellectual Property Law. Eastern Law House


· Cornish W.R: Intellectual Property Law, Sweet and Maxwell, 1996
· Meenu Paul: Intellectual Property Laws, N.S. Gopalakrishnan
& T.G. Agitha: Principles of Intellectual Property (2009), Eastern Book
Company, Lucknow
· M.K. Bhandari: Law relating to Intellectual Property Rights, Central Law
Publication, Allahabad
· Silke von Lewinski: Indigenous Heritage and Intellectual Property,
Genetic Resources, Traditional Knowledge and Folklore, 2nd Edition,
(2008), Wolters Kluwer
· Paul L.C. Torremans: Intellectual Property and Human Rights, Enhanced
edition of Copyright and Human Rights, (2008), Wolters Kluwer
· David Bainbridge: Intellectual Property, Pearson Education, Delhi (2003)
Jeremy Philips and Alison Firth:Introduction to Intellectual Property Law,
LexisNexis, Butterworths, UK, (2001) Lionel Bentley
· Brad Sherman: Intellectual Property Law, Oxford University Press,
New Delhi, (2003)
· Shailaja Menon: Protection of IP in Cyber Space, Author Press, Delhi,
(2003)
· V.K.Ahuja: Intellectual Property Rights in India, Lexis Nexis,
Butterworths, Wadhwa, Nagpur(2009) Peter S. Menell and Sarah M. Tran
(ed.),
· Intellectual Property, Innovation and the Environment, Cheltenham (UK)
and Northampton (MA): Edward Elgar, 2014
Articles:

· Anil K Gupta , Environmental Implications of Intellectual Property Protection


(IPP):Can individual and community conservation ethic and creativity be
rewarded through IPP’
· Cullet, Philippe 2001: ”Property Rights Regimes over Biological Resources.”
Environment and Planning C: Government and Policy, Vol. 19, No. 5, 651-664.
· De Carvalho, Nuno Pires 2000: ”Requiring Disclosure of the Origin of Genetic
Resources and Prior Informed Consent in Patent Applications without Infringing
the TRIPS Agreement: The Problem and the Solution.” Washington University
Journal of Law and Policy, Vol. 2, 371-401.
· Michael A. Gollin , Volume 4, Spring Issue, 1991 USING INTELLECTUAL
PROPERTY TO IMPROVE ENVIRONMENTAL PROTECTION
· Dutfield, Graham 1999: "Protecting and Revitalising Traditional Ecological
Knowledge: Intellectual Property Rights and Community Knowledge Databases
in India," in: M. Blakeney (ed.): Intellectual Property Aspects of Ethnobiology,
46-47.
· Richard Tarasofsky, Report on Trade, Environment, and Intellectual Property
Rights,
· Ewing, Kenneth P. and Richard G. Tarasofsky 1997: The "trade and
environment" agenda: survey of major issues and proposals. From Marrakesh to
Singapore. IUCN Environmental Policy and Law Paper: IUCN, Environmental
Law Center.
· Geoffrey, Tansey 2002: Food for thought: Intellectual Property Rights, food, and
biodiversity. Harvard-International-Review. Vol. 24 54-
· Godden, David 1998: ”Growing Plants, Evolving Rights: Plant Variety in
Australia.” Australian Agribusiness Review, Vol. 6, No. 3. John H, Barton 2004:
Issues Posed by a World Patent System. Journal of International Economic Law,
June 2004, vol. 7, 341-57.
· John, Linarelli 2004: Treaty Governance, Intellectual Property and Biodiversity.
Environmental Law Review 6 (2004) 21-38.
· Kameri-Mbote, Anne Patricia and Philippe Cullet 1999: ”Agro-Biodiversity and
International Law-A Conceptual Framework.” Journal of Environmental Law,
Vol. 11, No. 2, 257- 279
· Kongolo, Tshimanga 2001: ”New Options for African Countries regarding
Protection for New Varieties of Plants.” The Journal of World Intellectual
Property, Vol. 4, No. 3, 349-371
· Kothari, A. and R.V. Anuradha 1997: ”Biodiversity, intellectual property rights,
and the GATT agreement: how to address the conflicts?” Biopolicy, Vol. 2, No. 4
· Review of the provisions of Article 27.3(B) of CBD, IP/C/W/369/Rev.1, 2006
ONE YEAR L.L.M DEGREE PROGRAMME
SESSION 2019-20
SEMESTER-I
SUBJECT: GENERAL PRINCIPLES OF CRIMINAL LAW AND FORENSIC
STUDIES
PAPER-V
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The paper aims to provide in-depth understanding about General


Principles of Criminal Law and their changing scenario in India and in
international context. It is also designed to understand different aspects of
Forensic Science, which will include study of various techniques, especially
recent advances in Forensic Science, which is an important aspect of Criminal
Justice System.

Unit-I

Constituents of Crime
Actus reus
Mens rea
General Principles of Criminal Liability
Principle of Legality
Corporate Criminal Liability
Vicarious Liability with special reference to Section 34 and 149 IPC
Unit-II

Inchoate Crimes
Abetment
Criminal Conspiracy
Attempt
General Defenses
Mistake
Accident
Necessity
Insanity
Intoxication
Private Defense
Unit-III

Definition, nature and scope of Forensic Science


History and Development of Forensic Science
Crime scene investigation: understanding and purpose of Crime scene
examination and investigation, physical evidence, its collection, packing and
transportation, chain of custody
Evidentiary value of Forensic Report
Unit-IV

Difference between Suicidal, Homicidal and Accidental Wounds


Recent advances in Forensic Science: Narco Analysis, Brain Mapping, DNA
Finger Printing and their Admissibility in the Court, Polygraph Test and NHRC
guidelines of administration of Polygraph test.
Suggested Readings:

· Andrew Ashworth and Jeremy Horder, Principles of Criminal Law, Oxford


University Press, New York, 2013
· Card and Cross and Jones, Criminal Law, Oxford University Press, 2012
· Mike Molan, Duncan Bloy and Denis Lanser Modern Criminal Law
Cavendish Publishing Limited, London, 2003
· PSA Pillai, Criminal Law, LexisNexis Butterworths Wadhwa, Nagpur;
Edition, 2017
· O.P. Srivastva, Principles of Criminal Law, Easter Book Company,
Lucknow, 2018
· Glanville Williams, Criminal Law, Universal Law Publishing Co. Pvt. Ltd,
2009
· Jonathan Herring, Criminal Law, Oxford University Press, New York,
2012
· David Ormerod, Criminal Law, Oxford Press, New York, 2011
· R.C. Nigam, Law of Crimes in India – Vol. I- Principles of Criminal Law,
Asia Publishing House, Bombay.1965
· S.N. Misra, Indian Penal Code, Central Law Publications, Allahabad,
2017
· K. Mathiharan and Amrit K Patnaik, Modi's Medical Jurisprudence and
Toxicology, LexisNexis, Buttersworth, 2010
· K. Kannan and K. Mathiharan, Textbook of Medical Jurisprudence and
Toxicology, Butterworth’s India, 2012
· R.M. Jhala and K Raju, Medical Jurisprudence, Eastern Book Company,
1997
· K.S. Narayan Reddy, Medical Jurisprudence and Toxicology (Law Practice
and Procedure), ALT Publications, 2006
· Krishan Vij, Forensic Medicine and Toxicology, Principles and Practice,
Elsevier India Private Limited, 2014
· Robert Milne, Forensic Intelligence, Taylor & Francis Group, London,
2013
· Modis, Medical Jurisprudence and Toxicology, Lexis Nexis, New Delhi,
2006
· B.R. Sharma, Forensic Science in Criminal Investigation & Trials,
Universal Law Publishing Co., New Delhi, 2014
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: CORPORATE GOVERNANCE AND CORPORATE SOCIAL


RESPONSIBILITY

PAPER-VI
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: Governance choices affect managerial behaviour and the


performance of the business entities. Corporate governance is maximizing
the shareholder value in a corporation while ensuring fairness to all
stakeholders, customers, employees, investors, vendors, the government
and the society-at-large. In a more globalised, interdependent and ever-
changing world, corporate governance reform has emerged as a critical
business issue, thrust on the world stage by the financial crisis and a number
of high profile corporate failures. The purpose of this paper is to develop a
sound understanding of corporate arena and to make the student a more
informed, critic-equipped and analyst of the corporate governance and
corporate social responsibility law. After going through the syllabus the student
is expected to have appreciated the need to practice good corporate governance
and corporate social responsibility in the corporate arena.

Unit-I
Business Ethics: Meaning, Importance and theories; Tynelol Crisis
Corporate Governance: Origin, Theories and Models of Corporate Governance,
Models of Corporate Governance in India
Corporate Governance Committees in India,
Unit-II
Corporate Governance in India: Constitution of BOD. Sub-Committees of
Board, Role and responsibilities and Duties of Board/ its Sub-Committees
Independent Directors: Global and Indian Perspective.
Corporate Governance and Insolvency Bankruptcy Code, 2016
Legislative framework for Corporate Governance: under the Companies Act,
2013, the Securities and Exchange Board of India Act, 1992,
Case Study: Enron and Satyam.

Unit-III
Corporate Social Responsibility (CSR): Meaning and Evolution of CSR,
Arguments for CSR, Dimensions/Activities, Role of Stakeholders, Triple Bottom
Line Approach, CSR Practices in India, Factors influencing CSR, CSR in
Corporate Strategy.
Unit-IV
CSR under the Companies Act, 2013, CSR Committee, the Corporate Social
Responsibility (Policy) Rules 2014, Guidelines - Voluntary Guidelines 2009,
National Guidelines on Social, Environmental and Economic Responsibility of
Business, Corporate Sustainability- Sustainability Reporting (Concept),
Business Responsibility Reporting in India.

Suggested Readings:

· Brian D. Fitch, Law Enforcement Ethics, Sage Publications, Inc., 2014


· InderjitDube, Corporate Governance, Lexis NexisButterworthsWadhwa,
2009.
· Cadbury, Adrian, Corporate Governance and Chairmanship: a personal
view, Oxford University Press, 2003.
· Monks, Robert A.G., Corporate Governance, Blackwell Publishers, 2001.
· McGregor, Lynn, The human face of Corporate Governance, Palgrave
Publishers, 2000.
· Goergen, Marc, Corporate Governance and Financial Performance,
Edward Dlgar, 1998.
· Gupta, LC., Corporate Boards and Nominee Directors, Oxford University
Press,1989.
· N. Gopalasamy, Corporate Governance, Wheeler Publishing, 1998.
· Philip Kotler, Nancy Lee, Corporate Social Responsibility, John Wiley &
Sons Inc. 2005.
· Mark S. Schwartz, Corporate Social Responsibility: An Ethical
Approach, 2011.
· Subhabrata Bobby Banerjee, Corporate Social Responsibility: The Good,
the Bad and the Ugly, 2007.
Statutory Material

· The Companies Act, 2103


· The Securities and Exchange Board of India Act, 1992

Suggested Articles

· Aguilera, R.V. “Corporate governance and director accountability: An


institutional comparative perspective.” British Journal of Management,
16(s1), 2005: S39-S53.
· Bainbridge, S.M. “Corporate Governance after the Financial Crisis” New
York: Oxford University Press, 2011.
· Baker, H.K. & Anderson, R., eds. “Corporate Governance: A Synthesis of
Theory, Research, and Practice” Hoboken, NJ: Wiley & Sons, 2010.
· Caplan, G.R. & Markus, A.A. “Independent Boards, But Ineffective
Directors.” The Corporate Board, March/April 2009: 1-4.
· Clarke, T. & Branson, D. The SAGE Handbook of Corporate Governance.
Thousand Oaks, CA: Sage, 2012.
· Larcker, D. &Tayan, B. Corporate Governance Matters. Upper Saddle
River, NJ: Pearson, 2011.
· Ireland, P. “Limited Liability, Shareholder Rights and the Problem of
Corporate Irresponsibility” Cambridge Journal of Economics, 34(5),
2010: 837-856.
· Soares, C. “Corporate Versus Individual Moral Responsibility” Journal of
Business Ethics Vol. 46, 2003, pp: 143-150.
· Smith, N. “Corporate Social Responsibility: Whether or How?” California
Management Review Vol. 46, 2003, No. 4 pp. 52-73.
· Greenfield, W.M. “In the Name of Corporate Social Responsibility”
Business Horizons Vol. 1, 2004, pp.19-28.
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: BANKING AND INSURANCE LAWS


PAPER-VII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: This course is designed to acquaint the students with the


conceptual and operational parameters of banking law and insurance law, the
judicial interpretation and the new and emerging dimensions of both the
insurance as well as banking.

Unit-I
Nature and development of Banking
Bank nationalization and social control over banking
Banking: Definition, Different kinds of Banks and Functions
Recovery of debt by banks
Banker and Customer- Relationship between Banker and Customer,
Termination of Banker and Customer Relationship

Unit-II
Special Features of Relationship between Banker and Customer- Banker’s
Obligations, Banker’s right, Obligation and right of customers to his banker,
Negotiable Instruments- Definition
Essential Features of Negotiable Instruments
Promissory Note, Bill of exchange and Cheque
Dishonor of Cheques: statutory provisions with cases

Unit-III
Meaning and Nature of Insurance
Principles of Insurance
Types of Contact of Insurance
The Risk – commencement, attachment, assignment

Unit-IV
Insurance against 3rd party (relevant provisions from Motor Vehicle Act 1988)
Liability Insurance
Consumer protection for Banking and Insurance services
Insurance Regulatory and Development Authority Act, 2000:- Establishment,
Composition, Duties, Powers and Functions
Suggested Readings:
Legislations
· Banking and Regulation Act, 1949
· Reserve Bank of India Act, 1934
· Recovery of Debt due to Banks and Financial Institutions Act, 1993
· Securitization and Reconstruction of Financial Assets and enforcements
of security interest Act, 2002
· Enforcement of security interest and Recovery of Debts Laws amd
Miscellenous provisions (Amendement) Act 2016
· Insurance Regulatory and Development Authority Act, 2000
· Motor Vehicle Act 1988
· Consumer Protection Act 1986

Books
Basu, A. Review of Current Banking Theory and Practice (1998) Mac
Millan

M. Hapgood (ed.), Pagets' Law of Banking (1989) Butterworths, London


R. Goode, Commercial Law, (1995) Penguin, London.

Ross Cranston, Principles of Banking Law (1997) Oxford.

L.C. Goyle, The Law of Banking and Bankers (1995) Eastern

M.L. Tannan, Tannan's Banking Law and Practice in India (1997) India
Law House, New Delhi, 2 volumes

K.C. Shekhar, Banking Theory and Practice (1998) UBS Publisher


Distributors Ltd. New Delhi

M. Dassesse, S. Isaacs and G. Pen, E.C. Banking Law, (1994) Lloyds of


London Press, London

V. Conti and Hamaui (eds.), Financial Markets' Liberalization and the


Role of Banks', Cambridge University Press, Cambridge, (1993).

C. Goodhart, The Central Bank and the Financial System (1995),


Macmillan, London

S. Chapman, The Rise of Merchant Banking (1984) Allen Unwin, London

K. Subrahmanyan, Banking Reforms in India (1997) Tata Macgraw Hill,


New Delhi.

R.S. Narayana, The Recovery of Debts due to Banks and Financial


Institutions Act, 1993 (51 of1993), Asia Law House, Hyderabad.
Ross Cranston (ed.) European Banking Law: The Banker-Customer
Relationship (1999) LLP,London

Mitra, The Law Relating to Bankers' Letters of Credit and Allied Laws,
(1998) University BookAgency, Allahabad.

R.K. Talwar, Report of Working Group on Customer Service in Banks


JanakiramanCommittee Report on Securities Operation of Banks and
Financial Institution (1993)

Narasimham Committee report on the Financial System (1991)- Second


Report (1999)

Gupta, S. N., The Banking Law in Theory and Practice (in three volumes),
2006,Universal Law Publishing Co.

Sharma, B.R. and Nainta, R.P., Principles of Banking Law and Negotiable
Instruments Act 2004, Allahabad Law Agency

Nainta, R.P., Banking System, Frauds and Legal Control, 2005, Deep and
Deep Publications

Murthy, K.S.N., and Sarma, K.V.S., Modern Law of Insurance in India,


2002 Lexis Nexis Butterworth

Birds, John, Modern Insurance Law, 2003, Universal Publishing Co.

Shah, M. B., Landmark Judgments on Insurance, 2004, Universal


Publishing Co.

Mishra, M.N., Law of Insurance Principles and Practice, 2008,


Radhakrishan Prakashan

Peter Mac Donald Eggers and PatricFoss : Good faith and Insurance
Contracts (1998) LLP Asia, Hongkong

Brids : Modern Insurance (1997), Sweet & Maxwell

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


ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: COMMERCIAL ARBITRATION


PAPER-VIII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The traditional justice delivery system through adjudication by


courts had already given way to a large extent to many alternative modes of
dispute resolution in the common law countries. The study of ADR is highly
significant in moulding the students of law to act as soldiers of justice in the
ever changing socio-economic scenario. The course aims to give the students
an insight into the processes of arbitration, conciliation and mediation in areas
where the traditional judicial system is unsuccessful.

Unit I
Introduction: concept and nature of arbitration; types of arbitration; hybrid
clauses in arbitration
Arbitration agreement: Validity, enforceability, arbitrability
Autonomy of arbitration agreement, Indian position on autonomy of arbitration
agreement

Unit II
Judicial intervention in arbitration: Extent; Role of judiciary in enforcement of
arbitral awards; Interim measures of protection

Unit III
International Arbitration Awards: Meaning and types
International Conventions on enforcement of foreign awards: Geneva
Convention 1927, New York Convention 1958, UNCITRAL Model Law

Unit IV
Institutional Arbitration, Ad Hoc Arbitration, Comparison
International Institutions of Arbitration

Suggested Readings :
· A.K.Bansal, Law of International Commercial Arbitration (1999),
Universal, Delhi
· Alan Redfern, Law and Practice of International Commercial Arbitration
(2004), Sweet & Maxwell
· B.P.Saraf and M.Jhunjhunuwala, Law of Arbitration and Conciliation
(2000), Snow White, Mumbai
· Basu.N.D, Law of Arbitration and Conciliation (9th edition reprint 2000),
Universal, Delhi
· G.K.Kwatra, The Arbitration and Conciliation Law of India (2000),
Universal, Delhi
· Gary B. Born, International Commercial Arbitration, (2014), Kluwer Law
International
· Gerald R.Williame (ed.), The New Arbitration and Conciliation Law of
India, Indian Council of Arbitration (1998), New Delhi
· Johari, Commentary on Arbitration and Conciliation Act 1996 (1999)
Universal, Delhi
· Markanda.P.C, Law relation to Arbitration and Conciliation (1998)
Universal, Delhi
· P.C.Rao & William Sheffield, Alternative Disputes Resolution- What it is
and how it works? (1997), Universal, Delhi
· S.K. Chawla, Law of Arbitration and Conciliation (2012), Eastern Book
House, New Delhi
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: CENTRE-STATE RELATIONS AND CONSTITUTIONAL GOVERNANCE


PAPER-P-XVI
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The Constitution of India provides for a federal system. The Union
and the State Governments derive their authority from the Constitution. The
relations between the centre and the States have been mentioned in parts XI
and XII of the Constitution under the heads, legislative, administrative and
financial relations. The objective of this course is to provide a greater
understanding of the division of powers between the center and stages in India
and the existing relationship between the two.

Unit I
Indian Federalism
Federal polity in India: Evolution and Concept
Federal Structure of Indian Constitution
Dominant Features of the Union over the States
Co-operative federalism:
Inter-state Council
Inter-state water dispute
Full faith and Credit clause

Unit II
Legislative Relations
Doctrine of territorial nexus
Delegated Legislation – permissible limits
Subject-wise distribution of powers
Principles of interpretation – Doctrine of Pith and Substance. Doctrine of
Colourable Legislation, Doctrine of Harmonious Construction, Ancillary Powers
Residuary Powers
Parliament’s Power to legislate on matters in the State List
Doctrine of Repugnancy

Unit III
Administrative Relations
Distribution of Executive Powers
Inter-governmental delegation of powers
Centre’s directives to the State- Constitutional and other statutory provisions
All India Services
Public Service Commissions: Membership and Functions
Unit IV
Financial Relations
Distribution of Fiscal Power
Inter-Government Tax Immunities, Difference between Tax and Fee
Factors responsible for sub-ordination of States
Tax-Sharing under the Constitution, Finance Commission - Specific
Purpose Grants (Article 282)
Impact of GST on Financial Relations

Suggested Readings:
· A.G. Noorani (ed.), Centre State Relations in India, 1972
· Ashok Chandra, Federalism in India
· Justice D.A. Desai, Centre and State Powers under the Indian
Federalism
· Dr. Subhash Kashyap, Constitution of India: Review and
Reassessment
· Dr. Subhash Kashyap, Indian Constitution: Conflicts and
Controversies
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: MEDIA LAW


PAPER- P-XVII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: To have an exhaustive understanding of the conceptual dimensions


of issues pertaining to media, its expanding horizons, the constitutional and
legal framework and judiciary response.

Unit I
Media under the Constitutional Framework
Freedom of Expression and Media
Reasonable Restrictions on Freedom of Press etc
Media and Ethics
Media and Accountability
Media and Human Rights

Unit II
History of Media Legislation in India
Role of Mass Media in Democratic Countries
Right to Advertisement
Media Trial
Issues of Privacy

Unit III
Media and Criminal Law – Defamation/Obscenity/Sedition
Media and Tort Law – Defamation/Negligence
Media and Legislature – Privileges of the Legislature
Media and Executive – Official Secrets Act
Media and Judiciary – Contempt of Court

Unit IV
Media Censorship and Cinematography Act, 1953
Print Media and Press Council Act, 1978 (composition, role, power, guidelines
and functions of the Press Council of India)
Online Media and Information Technology Act, 2002
Satellite Communication and Cable Television Networks (Regulation) Act, 1995
Suggested Readings:
· Durga Dass Basu, Commentary on the Constitution of India, Lexis Nexis
Butterworths Wadhwa, (2011).
· Dr. M.P.Jain, Indian Constitutional Law, Lexis Nexis Butterworths
Wadhwa, 6th Edition (2010).
· V.N. Shukla, Constitution of India, Eastern Book Company, 12th Edition,
(2013).
· H.M. Seervai, Constitutional Law of India, Universal Law Publishers,
(2005).
· Eric Barendt, Freedom of Speech, Oxford University Press, (2006).
· Madabhushi Sridhar, Madabhushi Sridhar Acharyulu's Right to
Information, Lexis Nexis, (2007).
· P.K. Saini, R. K. Gupta, Right to Information Act, 2005: Implementation
and Challenges, Deep and Deep Publications, (2009).
· Madhavi Divan, Facets of Media Law, Eastern Book Company,
Lucknow(2006)
· Dr. Umar Sama, Law of Electronic Media, Deep & Deep Publication Pvt.
Ltd., (2007)
· Vikram Raghavan, Communications Law in India (Legal Aspects Of
Telecom, Broadcasting And Cable Services), Lexis Nexis, (2007).
· Robertson and Nicol, Media Law, Sweet & Maxwell, 4th edition (2002).
· Soli. J. Sorabjee, The Law of Press Censorship in India, N.M. Tripathi Pvt
Ltd., (1976)
· V.Nelson, The Law of Entertainment and Broadcasting, Sweet & Maxwell,
2nd Edition, (2000)
Bare Acts
· Right to Information Act, 2005
· The Cable Television Network (Regulation) Act, 1995
· Cinematograph Act, 1952
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-I

SUBJECT: POLICE AND SECURITY ADMINISTRATION


PAPER- P-XVIII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: National security is of paramount importance for the defence of the


country. The Constitution provides the basic framework for the same. The
objective of this paper is to study the structure of the different authorities
engaged in security and police administration and understand their working
and functioning under the law.
Unit I
Meaning of ‘Security of State’ and ‘Public Order’
Preventive Detention under Article 22: Significance and Safeguards
Martial Law: Constitutional Provisions
Emergency: Suspension of Article 19 and the right to move the court
Non-suspendability of Article 21

Unit II
Police Organisation- Significance, Evolution and Practice in India
Central Institutional Mechanism- CBI, BPR&D, CRPF, RPF, CISF, NPA, NICFS,
NCRB, NIA, SSB, Assam Rifles, SSB, CDTS
State Institutional Mechanism- State Level, Range Level, Division Level, District
Level, Local Police Stations, Intelligence Branch, Enforcement Branch, Traffic
Police and Telecommunication

Unit III
Prosecution Agency and Court Duties
Forensic Laboratories, Finger Print Bureau, Cyber Cell
Railway Police, Armed Police, Home Guards and Civil defence, Women Police,
Special Police Officers, Vigilance, Fire Services

Unit IV
Administrative set-up of Police in India- Central Level, State Level, Local Self-
Government Level
Police Academies, Ranks and Badges, Flags and Stars, Capacity Building
Programmes
Internal Problems of Policing
Police and Armed Forces- Interface
Relationship of Police with Judiciary, Civil Society, NGOs
Suggested Readings:

· Bailey,David, H : The Police and Political Development in India,


· Princeton University Press, New Jersey, 1969
· Gupta , Anandswarup : The Police in British India: 1861-1947, Bureau of
Police Research and Development, New Delhi,2007
· 3.Wilson.O.W and : Police Administration, McGraw Hill Book MacLaren
Roy Company, New York,1972
· Sen,Shankar : Indian Policy Today, Ashish Publishing House, New
Delhi.1994
· Chaturvedi, J.C. : Police administration and Investigation of Crime, Isha
Books, Delhi,2006.
· Dempsey, John S. and : An Introduction to Policing, Thomson-Linda S.
Forest Wadsworth, CA,2005
· Sharma, K.K.: Law and Order Administration, National Book
Organization, New Delhi,1985.
· Srivastava, Aparna : Role of Police in an Changing Society,A.P.H.
Publioshing Corporation, New Delhi,1999.
· Ghosh, S.K. and: Encyclopaedia of Police in India, Volume-I Rustamji,
K.F. Ashish Publishing House New Delhi,1993
· Bharti, Dalbir : Police Evam Log: Donon Ke Adhikar Va Zimmedarian,
A.P.H, Publishing Cor[oration, New Delhi,2007
· Dogra , R.S.D. : Nation Keepers : Central Reserve Police Force, (C.R.P.F. ),
A.P.H. Publishing Corporation New Delhi.2004
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: COMPARATIVE PUBLIC LAW


PAPER-IX
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The subject will deal with the conceptual and theoretical
foundations of public constitutional law from a comparative perspective. The
dimensions covered i.e. theoretical, methodological and case studies will help
reach a better understanding of the subject. It will cover comparative aspects
pertaining to the essentials of federalism, constitutional judicial review, the
amending power and public safety under the constitution.

Unit-I
Concept of Public Law and Constitution
Meaning and Scope of Public Law
Significance of Comparative Public Law - Constitutional Law, Administrative
Law and Criminal Law
Public Law and Private Law Divide
Written and Unwritten Constitutions
Constitution, Constitutionalisation & Constitutionality

Unit-II
Constitutional Federalism, Judicial Review & Rule of Law
General features of a federal system as opposed to a unitary system
Models of Federalism
USA
India
Concept & Origin of Judicial Review
Constitutional Judicial Review
From Marbury to Keshavnanda
Rule of Law: A Comparative Study
USA
UK
India

Unit-III
Constitutional Amending Powers; Originalism & Constitutionalism
Methods of Amendment
Theory of Constituent Power
Limitations on Amending Power: Comparative Perspective USA & India
Theory of Basic Structure: Origin & Development
Originalism
Living Constitution
Constitutionalism: Concept, Features and Relation between Constitution and
Constitutionalism

Unit-IV
Separation of Powers: US, India
Montesquieu’s Theory
The relations between organs of the State: A Comparative Study
Public Interest Litigation: US, India
Locus Standi
Judicial Activism
Judicial Accountability

Suggested Readings:
· DD. Basu, Comparative Constitutional Law (2nd ed., Wadhwa, Nagpur)
· M.V. Pylee, Constitutions of the World (Universal, 2006)
· Mahendra P. Singh, Comparative Constitutional Law (Eastern Book
Company, 1989)
· Sudhir Krishna Swamy, Democracy and Constitutionalism in India-A
Study of the Basic Structure Doctrine (Oxford University Press, 2009)
· S.P. Sathe, Fundamental Rights and Amendment of the Indian
Constitution (1968)
· H.M. Seervai, Constitutional Law of India (Universal Publications, 2002)
· H.M. Seervai, The Emergency, Future Safeguards and the Habeas Corpus:
A Criticism (1978)
· Anirudh Prasad, Judicial Power and Judicial Review (Eastern Book
Company, Lucknow)
· John F. McEldowney, Public Law (Sweet & Maxwell, London)
· De Smith’s, Judicial Review (Sweet & Maxwell, London)
· K.C. Wheare, Federal Government (Oxford University Press)
· Wade & Philips, Constitutional Law (Longmans, Green)
· Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional
Law (Oxford University Press, 2009)
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: LAW RELATING TO CYBER SPACE AND E-COMMERCE


PAPER-X
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: This course is designed to acquaint the students with the


conceptual understanding and knowledge of the technologies in cyberspace
and to prepare students to deal with emerging issues in e-commerce

Unit-I
Concept of Cyber Space
Evolution of Cyber Law
Jurisdiction in Cyber Space
Concept of Net Neutrality

Unit-II
Concept of Cybercrimes
Data Protection
Cyber Security and Privacy issues in Cyberspace
Liability of Intermediary
Legal recognition of Electronic Evidence

Unit-III
Concept of Electronic Data Interchange (EDI)
E-Commerce – Concept and features of E-Commerce, Law Relating to Bitcoins
Taxation Issues in Cyber Space
Legal Implications of Cloud Computing

Unit-IV
Understanding Electronic Contracts: Types of Electronic Contracts
Legal Recognition of Electronic Signatures
Legal Recognition of e- Records
Concept of e-Governance
Copyright Issues in Cyber Space
Trademarks and Domain names Issues in Cyber Space
Suggested Readings:

· Rajesh Talwar, Indian Laws of E-Business, Paperback ISBN13/10/8170944503


2001
· Stephen Mason Philip Argy Derek Begg Electronic Evidence, Butterworths Law;
2nd Revised edition 2010
· Jonathan Rosenoer, CyberLaw: The Law of the Internet Springer, 1997
· Gerald Ferrera, Margo Reder, Stephen Lichtenstein, Robert Bird, Jonathan
Darrow,
· CyberLaw: Text and Cases, Cengage Learning, 2011
· Vivek Sood, Cyber Law Simplified, Tata McGraw-Hill Education, 2001
· Pavan Duggal, Cyberlaw: the Indian perspective, Saakshar Law Publications,
2002
· Nandan Kamath, Law relating to computers, internet, and e-commerce: a guide
to cyber laws and the Information Technology Act, 2000, Universal Law Pub.
Co; 2000
· Garima Tiwari, Understanding Laws: A legal Quotient Primer, LexisNexis, India
· Harish Chander, Cyber Laws and IT Protection, PHI Learning Pvt. Ltd., 2012
· Vakul Sharma, Information Technology Law and Practice, Universal Law
Publishing, 2011
· Diane Rowland, Elizabeth Macdonald, Information Technology Law, Cavendish,
2000
· Chris Reed, Computer Law, 7th Ed. Oxford University Press, 2003
· Dr Subhajit Basu, Global Perspectives on E-Commerce Taxation Law, Ashgate
Publishing, Ltd., 2013
· Karnika Seth, Cyber Laws in the Information Technology Age, LexisNexis,
Buttterworths Wadhwa, Nagpur, 2009
· Chris Reed, Internet Law: Text and Material, Oxford University Press, (2004)
· Garima Tiwari, Understanding Laws Cyber Laws and Cyber Crimes, LexisNexis,
India
· Alwyn Didar Singh, E-commerce in India: Assessments and Strategies for the
Developing world, LexisNexis, India, 2008
· Anirudh Rastogi, Cyber Law Law of Information Technology and Internet,
LexisNexis, India, 2014
· Alan Davidson, The Law of Electronic Commerce, Paperback, PHI, 2009
· S.J.Joseph P.T., E-commerce: An Indian Prespective, Paperback, PHI, 2012
· Rajaraman V., Essentials of E-commerce Technology, Paperback, PHI, 2009
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: LEGAL PEDAGOGY, LANGUAGE AND EDUCATION


PAPER-XI
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Teaching Practice and Lesson Plan: 25
Objectives:
· To enable the students to comprehend the significance of scientific
teaching and learning methods, in and beyond the customary learning
spaces.
· To build up the cognitive capacity of the students to synthesize
information from various resources.
· To raise awareness among students about ethical responsibilities in field
of research and publication.

Unit-I
Legal Education in India
Curriculum: Meaning and Planning
Pedagogy: Meaning and Concept, Methods of Teaching Law, Developing
Teaching Plans, Utility of Technology and Artificial Intelligence in Legal
Education
Assessment: Meaning, Types, Principles, Examination System, Problems in
Evaluation

Unit-II
Clinical Legal Education: Meaning, Rationale, Evolution, Dimensions, Issues in
Implementation
Need for a Shift from Legal Education to Justice Education
Extended Spaces: Out of School Time and Online Learning

Unit-III
Educational Psychology: Meaning, Nature, Scope and Methods
Theories of Intelligence: Meaning, Classification, Application of Theories of
Multiple Intelligences in Legal Learning

Unit-IV
Transfer of Learning
Theory of Motivation and Classroom Learning
Problem Solving: Meaning and Definition, Steps, Factors and Strategies
Teaching of Reading Skills
Writing and Publication: What to Write and How to Publish
Suggested Readings:
Books
· Gerald F. Hess And Steven Friedland, “Techniques For Teaching Law”
Carolina Academic Press, North Carolina, 1999
· Hugh Braye et all, “Clinica lLegal Education: Active Learning in your Law
School” Oxford University Press,2003
· Mona Purohit, “Legal Education & Research Methodology” Central Law
Publication, 2010
· Report: Something Borrowed, Something New” September 15, 2009
http://works.bepress.com/debra_schneider/1
· Peter Mortimore (Ed), “ Understanding Pedagogy and its Impact on
Learning, Paul Chapman Publishing Ltd, London, 1999.
· Robert E Stake , “Case Studies in Norman K Denzin& Yvonn S Lincoln
(ed) “Handbook of Qualitative Research ” Sage Publications,1994
· S.K. Mangal, “Advance Psychology”, PHI Learning Pvt Ltd., Delhi, 2015
· S.S. Chauhan, “Advance Psychology” Vikas Publishing House Pvt Ltd.,
Noida, 2015109*
Articles:
· Arpita Sengupta & Devupa Rakshit, “Modernization of Legal Education in
India: The Interdisciplinary Approach to Education” Asian Journal of
Legal Education 2 (1) 57-66, 2015
· Bajpai, G. S. and Kapoor, Neha, Innovative Teaching Pedagogies in Law:
A Critical Analysis of Methods and Tools (March 31, 2018).
Contemporary Law Review, Vol. 2, 2018.
· Bill Pelz,“ (My) Three Principles Of Effective Online Pedagogy” Journal of
Asynchronous Learning Networks, Volume 8, Issue 3,June 2004
· Frank K. Macchiarola & Joseph Scanlon, “Lawyers in the Public Service
and the Role of Law Schools” Foirdham Urban Law Journal, Volume 19,
Issue 3 1991
· Kristen A. Dauphinais, Valuingand Nurturing Multiple Intelligences In
LegalEducation: A Paradigm Shift, 11 Wash. & Lee Race & Ethnic Anc. L.
J. 1 (2005)
· Marclea V. Rodriguez, “Pedagogy and Law: Ideas for Integrating Gender
into Legal Education” Journal of Gender, Social Policy & The Law Volume
7, Issue 2, 1999
· Michael Hunter Schwartz, Teaching Law by Design: How Learning Theory
and Instructional Design Can Inform and Reform Law
Teaching, 38 San Diego L. Rev. 347, 349 (2001)
· Mihaela Papa1 and David B. Wilkins, “Globalization, Lawyers, and
India:Toward a Theoretical Synthesis of Globalization, 18 int’ 1 J.Legal
Prof. 175, 2012

· Publish Be Found or Perish: Writing Scientific Manuscripts for the Digital


Age” pubs.acs.org/bio/ACS-Guide
· Ross Hyams, “Nurturing Multiple Intelligences Through Clinical Legal
Education” University of Western Sydney Review Volume 15 (2011) 80
· Steven I. Friedland “How We Teach: A Survey of Teaching Techniques In
American Law Schools” Seattle University Law Review,20 1996: (1-44)
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: ENVIRONMENTAL LAW AND POLICY


PAPER-XII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective:-The paper aims to provide in-depth understanding about various


environmental issues and challenges. Apart from creating inquisitiveness
related to these issues the objective of the course work is to develop analytical
faculties and to have proactive approach for protection and restoration of
environment. The paper also focuses on study, analysis and implementation of
national and international legal provisions and policies related to these issues.

Unit-I
Environmental Justice Meaning and Scope
Environment and Human Rights Issues
Sustainable Development
Right to Information and Public Participation

Unit-II
Climate Change: Meaning, Magnitude and Challenges
United Nations Framework Convention on Climate Change
Kyoto Protocol
India’s National Action Plan on Climate Change
Paris Agreement and beyond

Unit-III

Hazardous Waste Management: Hazardous wastes dumping and disposal and


their impact on environment
Basel Convention on the Control of Tran-boundary Movement of Hazardous
Waste and their Disposal 1989
The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

Unit-IV
Loss of Biological Diversity and Environmental Concerns
United Nations Convention on Biological Diversity 1992
Cartagena Protocol on Bio safety to the Convention on Bio Diversity 2000
Biological Diversity Act, 2002 and 2010 Nagoya Protocol on Access and Benefit
Sharing 2010
Suggested Readings:

· P. Leelakrishnan, Environmental Law in India, Lexis Nexis,


Butterworths, Nagpur, 2016
· E. John, A. Matthews, J. Patrick, SAGE Handbook of Environmental
Change Vol. I and II SAGE Publication, L.A. 2012
· P.B. Sahasranaman, Oxford Handbook of Environmental Law, Oxford
University Press, 2012.
· Sairam Bhat, Natural Resources Conservation Law, SAGE Publication,
L.A., 2011
· Jane Holder and Maria Lee, Environment Protection Law and Policy,
Cambridge University Press, Cambridge, 2007.
· Dr. Vidya Bhagat, Environmental Laws Issues and Concerns, Regal
Publication, New Delhi, 2011
· Aruna Venkat, Environmental Law and Policy, Publisher New Arrivals,
New Delhi, 2011
· Daniel Bodansky, Jutta Brunnee & Ellen Hay, The Oxford Handbook of
International Environmental Law, oxford University Press, Oxford, 2007
· Ritwick Dutta, The Environmental Activists Handbook, published by
Socio-Legal Information centre, Mumbai, 2002.
· Stuart Bell, Donald McGillivray, The Law and Policy Relating to the
Protection of The Environment, Oxford university Press, Oxford, 2004
· Donald Anton and Dinah L. Shelton, Environmental Protection and
Human Rights, Cambridge University Press, Cambridge, 2011
· P.S.Jaswal and Nishtha Jaswal, Environmental Law, Pioneer
Publications, Allahabad Law Agency, Faridabad, 2017
· Sairam Bhat, Natural Resources Conservation Law, SAGE Publication,
L.A., 2010
· John S. Dryzek, David Schlosberg, Debating the Earth the
Environmental Politics Reader, Oxford University Press, Oxford 2005.
· Rohan D’ Souza, Environment, Technology and Development, Edited,
EPW Orient Black Swan, New Delhi, 2012
· Karl Mallon, Renewable Energy Policy and Politics: A Handbook of
Decision Making, Earthscan publications, 2006
· Raj Kumar Sen, Environment and Sustainable Economic Development,
Centre for Studies on Environment, Deep and Deep Publication, New
Delhi, 2011
· Patricia Birnie, Alan Boyle and Catherine Redgwell, International Law
and the Environment, Oxford University Press, New York, 2009.
· Daniel Bodansky, Jutta Brunnee, and Lavanya Rajamani, International
Climate Change Law, Oxford University Press, United Kingdom, 2017
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: INTERNATIONAL TRADE LAW


PAPER-XIII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: International trade laws are the collection of national and public
international laws which apply to transactions of goods and services across the
globe. It is primarily based on the principle of lexmercatoria and lexmaritimai.e,
"the law for merchants on land" and "the law for merchants on sea" and has
gradually developed from a bilateral treaty to the multilateral treaty regime
under the WTO. This paper is offered to understand the provisions of
International Trade under the UNCITRAL and WTO dealing with trade
liberalization, abolition of trade barriers, unfair trade practices, dispute
resolution mechanism, anti-dumping provisions, countervailing duties and
Convention of International Sales of Goods.

Unit-I
Private law of International Trade: The UN Convention on Contracts for the
International Sale of Goods (VIENNA SALES CONVENTION, 1980) - Application
of the Convention; General provision of formation of contract of sales of goods;
The UNIDROIT Principles of International Commercial Contracts;

Unit-II
International Commercial Trade Terms- INCOTERMS 1990
Carriage of Goods by Sea— Bill of Lading or Charter Party; International
Convention on the Unification of Certain Rules relating to Bills of Lading
(Hague Rules) and Rotterdam Rules
Carriage of Goods by Air; Convention for the Unification of Certain Rules
Relating to International Carriage by Air (WARSAW CONVENTION) WARSAW,
1929;
Financing Exports: Letters of Credit: Forms and Types Documentary Credit;
The Principle of Autonomy of the Letter of Credit

Unit-III
Public Law of International Trade: Historical Background of the GATT, 1947;
Evolution of the WTO, 1994- Structure, Principles and Functions; Non-
discrimination Provisions in WTO; Voluntary Export Restraint and WTO;
Agreement on Safeguards; Agreement on Anti-Dumping; Custom Valuation and
WTO; Special and Differential Treatment under the WTO;
Unit-IV
Agreement on Subsidies and Countervailing Measures; Trade in Agriculture;
Agreement on the Application of Sanitary and Phytosanitary Measures;
Agreement on Technical Barriers of Trade; TRIPS; TRIMS; Trade in Services;
Dispute Settlement Body (DSB) in WTO

Suggested Readings:
· INTERNATIONAL TRADE AND BUSINESS: LAW, POLICY AND ETHICS,
Professor Peter Gillies, Professor GabriëlMoens, Cavendish Publishing
(Australia)
· Gupta, R. K., World Trade Organization- Text (2Vols)
· 3.Adamantopoulos, Konstantinos, An Anatomy of the World Trade
Organisation(Kluwer Law International, 1997).
· 4.Correa, Carlos. M, IPRs, The WTO and Developing Countries (Zed Books
Ltd, London, 2000).
· 5. Day, D. M. and Griffin, Bernardette, The Law of International. Trade
(Butterworths and Lexis Nexis, London, 2003).
· 6.Dijck, Pitol, Vom and Faber, Gemit, Challenges to the New World Trade
Organisation(Kluwer Law International, The Netherlands, 1996).
· 7. Honnold, John, Unjform Law for International Sales under the 1980
United Nations Sales Convention (Kluwer Law International, The Hague,
1982).
· 8. Jayaraj, C. &Govindaraj, V. C, Non- Resident Indians and Private
International Law
· (ISIL & Hope India Publications, New Delhi, 2008)
· 9. Kleso, Robert, International Law of Commerce (Denim’s and Co, New
York, 1976).
· 10. Meron, Theodor, Investment Insurance in International Law (Oceana
Publiactions, 1976).
· 11. Moens, Gabriel and Giles, Peter, International Trade and Business
Law, Policy and Ethics (Canadian Publishing, London, 1998).
· 12. Goyal, Anupam, The WTO and International Environmental Law:
Towards Conciliation (OxfordUniversity Press, New Delhi, 2006).
· 13. Koul, A. K., The General Agreement on Tariffs and Trade: GATT/World
Trade Organisation (WTO) Law, Economic and Politics (Satyam Books,
New Delhi, 2005).
· 14. Thommem, T. Kochu, Bills of Lading in International Law and Practice
(Eastern Book Company, Lucknow, 1984).
· 15. P. Kindleberger, International Economics (Richard Irwin Homewood,
Illinois, Indian Edition 1987).
· 16. B.O. Soderston, International Economics, (McMillan Press Ltd., 1990).
· Dominick, Salavatore, International Economics, (John Wiley & Sons (Asia)
pte Ltd.7th edition, 2001).
· 17. Bhagwati,J.N, International Trade: Selected Readings (McMilan
University Press,1998).
· 18. Krugman P.R. and Obstfeld Maurice, International Economics-Theory
and Policy (Addison-Wesley, 2000)
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II
SUBJECT: TRANSNATIONAL CORPORATIONS AND HUMAN RIGHTS
PAPER-XIV
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective:This paper is designed to enable students to form a conceptual


understanding of the various approaches towards the study of human rights
with special reference to the concept of development as well as the human
rights standards in international trade. In this backdrop, special emphasis
would be laid on creating an awareness regarding the socio-legal issues
pertaining to transnational corporations and human rights violations.

Unit-I
Introduction: Scope and Significance of Human Rights
Human Rights Approaches to Development: Modernization and Dependency
Approach, Poverty and Exclusion, Integrating the Human Rights Approach in
Development; Towards an Ethical Development.

Unit-II
International Trade and Human Rights: Legal and doctrinal aspects of
international trade and human rights linkages; Codes of Conduct and TNCs,
UN Global Compact and Human Rights

Unit-III
Trade, Human Rights and the Question of Sovereignty: Human Rights and
Question of Sovereignty; National Control over International Trade, Sovereign
States and Peoples Rights: Issue of Economic Sovereignty.

Unit-IV
Multinational and Transnational Corporations and Human Rights
Violation: TNCs Functioning: Development, Environment, Industrialisation;
Debate on the Social Issues: Tribal Rights, Dalit Rights, Farmer Rights;
Sanction imposed by developed Countries to Third World.
Suggested Readings:
· Philip Alston and Mary Robinson, (2005), Human Rights and
Development: Towards Mutual Reinforcement : Oxford University Press,
New York
· Centre for Development and Human Rights, (2004), The Right to
Development-A Primer. New Delhi: Sage
· Cheria, Anita et al, (2004), Human Rights Approach to Development;
Resource Book, Books for Change, Banglore
· Bhargava, G.S. and R.M. Pal. (eds.), (2000), Human Rights of Dalits:
Societal Violation, Gyan Publishing House New Delhi
· Brolmann, C. et al. (eds.), (1993), People and Minorities in International
Law, MartinusNijhoff, Dordrecht
· Choedon, Yeshi, (1994), Ethnic, Social and Religions Conflicts: Rights of
Minorities, in K.P., Saksena, (ed.) Human Rights: Perspective and
Challenges, Lancers Book, New Delhi
· Narang, A.S., (1999), Debate on Minority Rights, in A.P. Vijapur and
Kumar Suresh, (eds.), Perspective on Human Rights, Manak Publications,
New Delhi
· Baxi, Upendra (2002) The Future of Human Rights. New Delhi: Oxford
University Press
· David Jason Karp, Responsibility for Human Rights: Transnational
Corporations in Imperfect States, Cambridge University Press (2014)
· Chandra ,U. ( 2012) Human Rights : Allahabad: Allahabad Law Agency
· Dube, M. P. and Neeta Bora, (ed.) (2000) Perspectives on Human Rights
New Delhi: Anamika Publishers
· Sanajaoba, N. (2000) Human Rights in the New Millennium. New Delhi:
Manas Publications
· Tripathi, T.P (2012) Human Rights. Allahabad: Allahabad Law Agency
· Vadkar, Praveen, (2000) Concepts, Theories and Practice of Human
Rights. New Delhi: Rajat Publications
· Cranston Mourice (1962) What are human rights?( Basic Books,
Inc,Publishers New York
· Andrew Clapham (2007) Human Rights: A very small introduction. Oxford
University Press
· B.S. Waghmare (2000) Human Rights- problems and prospects. Kalinga
Publications
· Jean-Marc Coicaud, Michael W. Doyle (2003) The Globalization of Human
Rights : Modeled Nations University Press
· UN Centre for Human Rights (1995), Harmful Traditional Practices
Affecting the Health of Women and Children, Geneva: World Campaign for
Human Rights
· Paras Diwan, PeeyushiDiwan, (1996), Human Rights and the Law:
Universal and Indian: Deep & Deep Publications
· Ian Brownlie: Basic Documents on Human Rights, Oxford, 2012
· Mallik, Ross, (1998), Development, Ethnicity and Human Rights in South
Asia, Sage,New Delhi
· Menon, N.R. Madhava, (1999), State of Economic and Social Rights, in
K.P. Saksena, (ed.) Human Rights; Fifty Years of India’s Independence,
Gyan Publishing House New Delhi
· O’ Byrne, Darren J, (2003), Human Rights; An Introduction; Pearson, New
Delhi
· Raj, Suhendu Ranjan, (1999), “Development Perspectives and Human
Rights”, in A.P. Vijapur and Kumar Suresh, (eds.) Perspectives on Human
Rights, Manak Publications, New Delhi
· Rehman, M.M. et al. (2000), Human Rights and Human Development;
Concepts and Contexts, Manak Publications New Delhi.

Research Articles:

Baxi, Updenra, (1983), the New International Economic Order, Basic Needs and
Rights; Notes towards Development of the Right to Development, Indian Journal
of International Law, vol. 23,-45.

Baxi, Upendra, (1998), “The Development of the Right to Development”, in


Janusz Eymonides, (eds), Human Rights: New Dimensions and Challenges,
Sydney: UNESCO

Jain, Devaki, (1990), Working with Human Rights to Development, Mainstream,


vol.29, no. 7.
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: LABOUR AND EMPLOYMENT LAW


PAPER-XV
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The labour laws derive their origin, authority and strength from the
provisions of the Constitution of India. The relevance of the dignity of human
labour and the need for protecting and safeguarding the interest of labour as
human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and
Chapter IV (Articles 39, 41, 42,43, 43A & 54) of the Constitution of India
keeping in line with Fundamental Rights and Directive Principles of State
Policy. Labour law reforms are an ongoing and continuous process and the
Government has been introducing new laws and amending the existing ones in
response to the emerging needs of the workers in a constantly dynamic
economic environment.

Unit-I
Law and Industrial Relations: Concept, meaning, and role of judiciary to
develop the Industrial relation

Industrial Disputes Act, 1947 with reference to as strikes and lockouts, lay off
and retrenchment.

Unit-II
Constitutional provisions in respect of wages and remuneration
Payment of Wages Act, 1936
Minimum Wages Act, 1948

Unit-III
Equal Remuneration Act, 1976,
The Contract Labour (Regulation & Abolition) Act 1970

Unit-IV
Workmen’s Compensation Act, 1923.
Industrial Employment (standing orders) Act, 1948
Suggested Readings:

· Khan Ahmeddullah: Commentary on Labour and Industrial Laws


Saharay, H.K : Labour and Industrial Laws Pillai, K. Madhvan : Labour
and Industrial Laws

· Kumar H.L : Labour Laws Shrivastva M.P : Child Labour Laws in India
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF


STATE POLICY
PAPER-XIX
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: Fundamental Rights and Directive Principle of State Policy as


enumerated in Part III and Part-IV respectively of the Constitution are the two
sides of the same coin. One without the other is incomplete and unfulfilled. The
fundamental rights ensure political democracy while the Directive principles
ensure economic and social democracy. The objective of fundamental rights is
to provide congenial environment for the fullest development of the personality
of Indian citizens. For the fulfillment of this objective, the individual has been
given a good number of freedoms. The objective of Directive Principles of State
Policy is to provide the individual with socio- economic and justice. It is for
these reasons that this topic form such an important part of constitution and
any study would be incomplete without this subject.

Unit-I
Evolution of Fundamental Rights; Impact of Universal Declaration of Rights
and other Rights
Fundamental Rights, Bill of Rights, Human Rights: Concept and Nature
Definition of State under Article 12 and Implications
Scope of Definition of Law under Article 13: Difference between pre and post
Constitution laws, Doctrine of Eclipse, Doctrine of Severability, Doctrine of
Waiver and Test for infringement of Fundamental Rights
Concept of Basic Structure from Shankari Prasad to I.R. Coehlo

Unit -II
Doctrine of Classification, Doctrine of Arbitrariness, Doctrine of Legitimate
Expectation and Wednesbury Principle
Relationship between Article 14, 15, 16, 17 & 18.
Protective grounds for Discrimination (Art. 15); Special Provisions for women;
Protective Discrimination in favour of Backward Classes, Scheduled Castes
and Scheduled Tribes
Equality of opportunity in matters of public employment (Art. 16); reservation
and residence in public employment
Prohibition of Untouchability- Protection of Civil Rights Act, 1995
Abolition of Titles
Unit-III
Fundamental Freedoms under Art. 19 and reasonable restrictions under Art
19 (2) to (6); reasonableness of restriction; concepts of deprivation and
prohibition
Doctrine of ex-post -facto law; Doctrine of Double Jeopardy; privilege against
self-incrimination; Rights of Accused
Protection of life and personal liberty; Right to education; Safeguards against
ordinary arrest and preventive detention; Right against exploitation
Scope of Freedom of Religion; Cultural and Educational Rights; Minority
Rights
Right to Constitutional Remedies
Rights viv-a-vis Armed Forces; Martial Law

Unit-IV
Relative Significance of Directive Principles of State Policy (DPSP) and
Fundamental Rights
Nature of Directive Principles of State Policy, Justiciability of Directive
Principles of State Policy
Social security and welfare provisions under Directive Principles of State
Policy; economic rights
Directive Principles of State Policy viz-a-v into Fundamental Rights
Fundamental Duties – evolution, relationship between Fundamental Rights
and Duties

Suggested Readings:
· H.M. Seervai, Constitutional Law of India – Vol. I &II
· V.N.Shukla , Constitution of India
· Subhash C Jain, The Constitution of India
· D.D. Basu, Commentaries on Constitutional Law of India, Vol. A to E
· M. Hidayatullah (Ed.), Constitution of India.
· M.P.Jain, Indian Constitutional Law.
· Subba Rao G C V Indian Constitutional Law
· Pande G S Constitutional law of India
· Saharay H K Constitution of India
· Pylee M.V Our constitution government & politics
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: ADMINISTRATIVE LAW


PAPER-XX
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: To examine the conceptual dimensions of Administrative Law, the


legal means for making the Government accountable, review of governmental
action including judicial review and freedom of information legislation.

Unit-I
Meaning, Nature and Scope of Administrative Law
Evolution and Development of Administrative Law and its relationship with
Constitutional Law
Separation of Powers – from Rigidity to Flexibility
Rule of Law – Changing Dimensions

Unit-II
Delegated Legislation – Permissible Limits and Controls
Principles of Natural Justice
Liability of State - Tortious and Contractual Liability
Promissory Estoppel – Constitutional Dimensions

Unit-III
Privilege against Disclosure
Right to Information – official Secrecy
Executive Privilege – Security of State and control on information
Judicial Review

Unit-IV
Ombudsman – Lokpal and Lokayukta institutions
Inquiry Commission – Vigilance Commission
Judicial Inquiries
Public Interest Litigation and its Emerging Dimensions

Suggested Readings:

· Cann, Steven J, Administrative Law 3 rd Ed., 2002


· Kesari, U.P.D, Lectures on Administrative Law, 15th Ed, 2005, Central
Law Agency, Allahabad
· Massey, I.P., Administrative Law, 5th Ed. 2003, Eastern Book Company,
Lucknow
· Stott, David and Felix, Alexandra Principles of Administrative Law,
Cavendish Publications, London, 1997
· Takwani, Thakker, C.K Lectures on Administrative Law, 3rd Ed. 2003,
Eastern Book Company, Lucknow
· Wade and Forsyth, Administrative Law, 9th Ed., 2004, Oxford University
Press,
· Oxford
· Jain, M.P. and Jain, S.N.Principles of Administrative Law, 5th Ed. 2007
Wadhwa and Co. Delhi
· Upadhya , JJR, Administrative Law, Central Law Agency, 7 th Ed. (2006)
ONE YEAR LL.M. COURSE
SESSION 2019-20
SEMESTER-II

SUBJECT: ENVIRONMENT LAW


PAPER- P-XXI
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The objective of the course is to create an understanding of


environmental laws and policies, with a focus on the challenges posed by
current environmental issues. Keeping in view the UNEP -Environmental Rule
of Law: First Global Report (2019), the first ever global assessment of
environmental rule of law, the course focuses on the persistent environmental
challenges facing lawmakers and enforcers such as management and sharing
of natural resources and water resources, liability and compensation for
environmental damage and environmental protection.

Unit-I
The Indian Constitution and Environmental Justice
Environmental Justice: Concept and Scope
Environmental Rule of Law
Environmental Protection and Fundamental Rights, Article 48A and Article 51-
A (g)
Constitutional Remedies and Procedures for Environmental Protection:

i) The Writ Jurisdiction: Expansion of the Scope of writ jurisdiction by


the courts and its Limitations;
ii) Public Interest Litigation : Expansion of the Scope of writ jurisdiction
by the courts and its Limitations;
iii) Class Actions

Unit-II
Forests Rights and Conservation of Forests and Biodiversity:

I) Forest Conservation and Biodiversity Conservation under the Forest


Rights Act, 2006, Rights of the Forest Dwellers and Scheduled Tribes,
Role of the judiciary in recognizing the Rights and the role of
scheduled tribes and other forest dwellers in forest conservation
II) Forest governance and Role of the local authorities/communities
under
i) The Gram Sabhas under the Forests Rights Act, 2006,
ii) the Panchayats under the Panchayats (Extension to Scheduled
Areas) Act, 1996 and
iii) The Biodiversity Management Committees under the Biological
Diversity Act, 2002 in conservation of forests and biodiversity
III) The United Nations Collaborative Programme on Reducing Emissions
from Deforestation and Forest Degradation in Developing Countries
UN-REDD Programme and REDD+
IV) Judicial decisions on issues relating to Mining, Forest Rights and
Forest Conservation

Unit-III
Liability and Compensation for Environmental Damage:

Liability for Environmental Damage: Principles of Strict Liability and Absolute


Liability and the Indian Judiciary

Corporate Liability for Hazardous accidents/Incidents: A Critical Analysis of


the Bhopal Gas Tragedy and the present legal position in context of relevant
judicial decisions.

Liability for Environmental Damage under the National Green Tribunal Act,
2010, NGT decisions evoking the Polluter Pays Principle for Environmental
damage

Unit-IV
Environment Impact Assessment and Sustainable Development

Environment Impact Assessment : Environment Impact Assessment and Public


Participation ; Judicial Review of Environmental Decision making on grounds
of Procedural impropriety and illegality in context of statutory requirement of
Environmental Clearance of Projects under the EIA Notification, 2006.

Sustainable Development: Concept, the Role of Judiciary in contributing


towards Sustainable Development; Application and development of Emerging
Environmental Principles like Polluter Pays Principle, Precautionary Principle
and Public Trust Doctrine in furtherance of Sustainable Development
Suggested Readings:
Nishtha Jaswal P S Jaswal , Environmental Law , Allahabad Law Agency,2017

David Freestone , Sustainable Development and International Environmental


Law , Edward Elgar, 2018

P. Leelakrishnan , Environmental Law in India, 4th Edition,Lexis Nexis, 2016


Environmental Justice: Comparative Experiences in Legal Empowerment; UNDP,
2014

UNEP -Environmental Rule of Law: First Global Report (2019)

Daniel Bodansky, Jutta Brunnée, and Ellen Hey, The Oxford Handbook of
International Environmental Law, OUP

Divan Shyam, Rosencranz Armin, Environmental Law and Policy In India:


Cases, Materials and Statutes; OUP, 2nd Edition, 2002

Alan E. Boyle, David Freestone; International Law and Sustainable


Development: Past Achievements and Future Challenges, Oxford University
Press

Birnie, Boyle, and Redgwell's International Law and the Environment, 2012,
Clarendon Press, Oxford, England.

Andrew Jordan, Rüdiger K. W.Wurzel, Anthony R.Zito, New Instruments of


Environmental Governance? National Experiences and Prospects, Frank Cass
Pubications, London, 2003

Marie-Claire Cordonier Segger, C. G. Weeramantry, Sustainable Justice:


Reconciling Economic, Social and Environmental Law, Martinus Nijhoff, Boston,
2005

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