Semester: II Course: Legal History of India Faculty: Dr. Richa R.

Gujarat National Law

University
Gandhinagar, Gujarat (India)

Course Outline

of

Legal History of India

For

BA/BCom/BSc/BBA/BSW, LLB

Semester: I (July-December 2018)

Session: 2018-2019

Faculty:
Dr. Richa R Mulchandani
Assistant Professor of History
Gujarat National Law University
E-Mail: rsharma@gnlu.ac.in
Mob: 08128650866

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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

Sl. No. Contents Page No.

1.0 Objectives of the course 2

2.0 Proposed teaching schedule 3

3.0 Detailed course-outline 4

4.0 Prescribed/Recommended readings 6

5.0 Teaching methodology 8

6.0 Evaluation pattern 8

Tentative dates for test/submission of project/GD,
7.0 8
etc
8.0 Important instructions to students 8

9.0 Contact hours 9

1.0 Objectives of the Course

Why does one have to study Legal history in a professional Law School? A question which
fundamentally needs to be answers before we begin to study this Course.
The course on Indian legal history traces the evolution of modern Legal System of India. By study
of Indian Legal History one would understand the present legal system in its correct prospective.
The purpose of the study of Indian legal history to acquaint the student with the evolution of legal
rules. India is a country rich in history and traditions. A student of law should be exposed to the
ancient social order and religious philosophy as well as to the system of dispute settlement
mechanism existing in those days. The medieval period had influence in the development of legal
system. The advent of the British was an event, which also had its influence. The growth of judicial
and legislative institutions after this event has to be taught in order to give an insight and awareness
of how this present system had emerged from the ancient and medieval times.
Learning Outcomes
A student after successful completion of this course, should be able to:

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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

 Comprehend the types of legal system prevailed in Indian History;

 Develop cause and effect understanding on evolution of law and
 Develop an understanding on trend and patters of evolution of Indian court system,
legislation and constitution.

2.0 Proposed Teaching Schedule

No. Modules No. Of Sessions

10
II. 2. 1 Legal System in Ancient and Medieval India

Development of Legal System during the East India 10

II. 2. 2 Company

10
II. 2. 3 Nationalism and advancement of Legal System in India

9
II. 2. 4 Judicial Reforms and Court Systems

6
II. 3. 5 Case Study

7
II. 3.6 Urban Legal History

4
II.3.7 Economics of Legal History

Gandhian Literature: Advocacy, Professional Conduct 4

II.3.8 and Nationalism
Total= 60

3.0 Detailed Course outline

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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

Legal History of India

MODULE II.3.1 Legal System in Ancient and Medieval India

Sessions: 10

The first module will focus to provide a broader understanding about the legal system prevail in the
ancient and medieval India. This is to understand how and why changes in modern system took
place.
 Ancient Legal System : Concept of Dharma, Sources of law , Civil Law in Ancient India,
Law of Crimes, Law of Evidence, Administration of Justice , Raj Dharma
 Medieval Legal System :Impact of the Muslim rule and changes in legal system

MODULE II.3.2 Development of Legal System during the East India Company
Sessions: 10

The second Module will orient the student to understand the development of the legal principles and
system in modern India. The modern legal system has been developed passing through different
stages. Therefore the study of the legal system in its historical prospective is necessary for proper
understanding of the legal system of the country.
 The foundation of modern legal structure in India: the Orientalist understanding of India and
the law and the native interpreters of law
 The development of legislative institutions up to 1857 –Beginning of the legislative
authority of East India Company: the Regulating Act 1773, the Act of settlement 1781, the
Charter Act of 1813,1833 and 1853
 Settlements: Surat, Madras, Bombay and Calcutta

MODULE II. 3.3 Nationalism and advancement of Legal System in India

Sessions: 10
The third module will comprise emergence of feeling of nationalism which gave rise growth to
freedom movement ultimately resulted in independence of India from colonial rule. Another impact
of nationalism and freedom movement was the modification and advancement of Indian legal
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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

system under British crown by passing several Acts.

 The Revolt of 1857
 The Government of India act 1858
 Modernization of India and its relation with Law
 Rise of Indian Nationalism
 Birth of Indian National Congress
 The Indian National Movements (1885-1947): First Phase(1885-1905), Second Phase
(1906-1918), Third Phase (1919-1947)
 The Indian Council Act 1909
 The Government of India Act 1919
 The Government of India Act 1935

Module II. 3.4 Judicial Reforms and Court Systems

Sessions: 9
 Judicial Reforms (1772-1835): Reforms of Warren Hastings, Reforms Lord Cornwallis,
Reforms of Lord William Bentinck
 Federal Court and Privy Council

Module II. 3.5: Case Study

Sessions: 6
The fifth module will comprise Case studies including leading cases of pre independent India;
 Trial of Nanda Kumar (1775)
 Trial of Bahadur Shah Zafar (1858)
 Tilak’s Trial (1897& 1908)
 Gandhi’s Trial (1922)
 Tokyo Trials

Module II. 3.6 Urban Legal History

Sessions: 7
 Definition and importance of Urban Legal History

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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

 Baroda State and Development of Law

 Madras and Legal Development
 Rajasthan and Legal Development
 Gujarat and Evolution of Law

Module II .3.7 Economics of Legal History Sessions: 4

 Introduction to Economics of Legal History
 Law as Independent Variable: Women’s and Minority Rights
 Bidirectional Histories
 Law as Independent Variable: The Glorious Revolution
 Critique of the Economic Approach to Legal History
Module II. 3.8 Gandhian Literature: Advocacy, Professional Conduct and Nationalism
Sessions: 4
 M.K Gandhi as Law Student
 M.K Gandhi as Lawyer
 The Trials of Gandhi
 Lawyers and Satyagraha

4.0 Prescribed/Recommended Readings

Prescribed Readings

1. Jatar Nilakshi and Paranjape Laxmi, Legal History: Evolution of Indian Legal System
(Eastern Book Company, Lakhnow, 2012)
2. Kulshrashtha VD, Landmarks in Indian Legal and Constitutional History, (Eastern
Book Company , Lakhnow)
3. Shrinivasa Murthy H.V and Elizabeth VS, History of India part II for law students,
(Eastern Book Company , Lakhnow)
4. Shrinivasa Murthy HV, History of India part I for law students, (Eastern Book
Company , Lakhnow)
5. Jain MP, Outlines of Indian Legal History,( Wadhava and Company, Nagpur, 2012)

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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

6. Gandhi M.K, The Law and the Lawyers (Navjeevan Publishing HouseNote: The
foregoing list of readings is not exhaustive. Some additional references may be
provided by the faculty concerned from time to time. Further, the students are advised
to explore further reading sources and references on their own.
7. Mulchandani R, Cities of India: Legal History(Eastern Book Company, Lakhnow,
2018)

Recommended Readings

1. Noorani AG, Indian Political Trials 1775-1947, (OUP, 2007)

2. Murthy Shrinivasa H.V and Elizabeth VS, History of India part II for law students,
(Eastern Book Company , Lakhnow, 1993, reprint 2008)
3. Shrinivasa Murthy HV, History of India part I for law students, (Eastern Book Company
, Lakhnow, reprint 2008)
4. Nair Janki, Women and Law in Colonial India – A social History, ( Kali for Women ,
New Delhi, 2008)
5. Keay John, India a History, ( Harper Collins 2004)
6. Rai Kailash, History of Courts Legislature and Legal Profession in India, (Allahabad
Law Agency, Allahabad, 2004)
7. Jatar Nilakshi and Paranjape Laxmi, Legal History: Evolution of Indian Legal System,
(Eastern Book Company, Lakhnow, 2012)
8. Jain MP, Outlines of Indian Legal History,( Wadhava and Company, Nagpur, 2004)
9. Nehru Jawaharlal, The Discovery of India, (OUP, New Delhi,1982)
10. Sharma RS, Aspects of Political Ideas and Institutions in Ancient India,
(MotilalBanarsidas Publishers, New Delhi, reprint 2009)
11. Farooqui A The Establishment of British Rule 1757-1813 (Tulika Books 2014)
12. V.D. Kulshrashtha’s Landmarks in Indian Legal and Constitutional History, Eastern
Book Company , Lakhnow
13. Husain I Karl Marx on India, (Tulika Books, New Delhi 2008 )
14. Tomilson BR The Economy of Modern India, (Cambridge University Press 2013)
15. Pai Sudhish V, Legends in Law, Shrinivasa (Universal Publication, New Delhi, 2013)
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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

16. Klerman D, Economics of Legal History, (Edward Elgar, Massachusetts, 2015)

17. Mulchandani R, Cities of India: Legal History(Eastern Book Company, Lakhnow,
2018)

18. Jois Rama M, Legal and Constitutional History of India, (Universal Publication, Delhi,
1984, reprint 2015)
Note: The foregoing list of readings is not exhaustive. Some additional references may be
provided by the faculty concerned from time to time. Further, the students are advised to
explore further reading sources and references on their own.

5.0 Teaching Methodology

 
• Lecture-delivery
• Continuous Interaction
• Problem Solving
• Case Discussions
• Questioning
• Audio-visuals (Documentaries)
• Use of white board
• Quiz

6.0 Evaluation Pattern

Evaluation: Marks
Continuous Evaluation…………………………………………….……20
Mid-Term Examination…………………………………………………30
End-Semester Examination……………………………………................50

Total 100

7.0 Tentative Dates for Continuous Evaluation

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Semester: II Course: Legal History of India Faculty: Dr. Richa R.M

 Continuous Evaluation Project (20 Marks) 20 February 2018 Law and its
Effect: Decadal Evolution

8.0 Important Instructions to Students

 The given course-outline is tentative. The faculty-member may modify it while

preparing the reference material and engaging the classes.

 The teaching methodology of the subject will not necessarily be bound by the
parameters shown here.

 Both faculty-member and students may mould it according to needs as and when
they arise for better and progressive understanding of the subject in a flexible
way.

 Active and positive class participation is mandatory. Maintaining the dignity and
decorum of the class is equally mandatory.

 Once the class starts, the students are not permitted to enter the class room.

 The students are required to come to the class with necessary preparation for
better understanding and participation in the topics discussed in the class.

 The students are required to maintain continuity in attending classes. Irregular

attendees may face problems to cope up with the topics covered.

 The students must have any of the prescribed readings or the bare act at their
disposal for maintaining correlation with the classroom discussions.

9.0 Contact Hours

Day: Working Saturdays,

Timings: 3.00 pm to 4.30 pm.
(Request to take prior appointment by mail with detail of agenda for meeting.)

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