KIIT

LLM PAPERS
st
( 1 Semester )
1
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW6111: Research Methods and Legal Writing
(LLM Sem. 01/Paper-01)
Credits: 04 Total Class Hours: 72 (including tutorials & proctors)
Course Description:
This paper intends to develop an understanding of research methodology and legal writing.A
knowledge about the art and science of research is crucial for producing quality research and
writing. The nuances of the methodology lays the foundation of research and its follow up
through reports, articles, books or case analysis.
Learning Objectives:
At the end of the course, the students will be able to:
1. To develop an understanding of the fundamentals of the science of research
2. To understand the techniques of construction of research design and sampling design
3. To develop skills in legal research writing
4. To develop operational skills in social statistics.
Teaching Method:
A) Lectures
A) Field Visits
A) Group Discussions
Course Content:
Module I: Conceptualising Research Methodology
This module introduces the basic idea of the concept of research and its types thereby
2
developing an idea of how to make distinction in methods of different types of research.
1.1. Meaning and Purpose of Research

1.2. Research Methods and Methodology
1.3. Types of Research
1.4. Ethical Issues in Social Research
Course takeaway: Understanding the fundamentals of research,
No.of Hours: 12
Module 2: Defining the Research Problem and the Design of Research
Identification of the research problem is an eminent step in research failure to do so

may crumble the chances of producing a authentic study.Research design is the skeleton
of research. It gives a structure to research and helps the researcher to overcome
confusion and instability.
2.1. Selection and formation of problem for research
2.2. Conceptualization, Operationalization and Levels of Measurement, Validity and

Reliability of research
2.3. Formation of hypothesis, its necessity, and characteristics
2.4. Purpose, types, steps in Research Design, Time Frame of research
Course takeaway: Appreciation of the importance of research design, hypothesis,

validity and reliability of research.
No.of Hours:18
Module 3: Sampling Design
The perfect design of a sample is important to authenticate research findings and

encourage chances of further research.
3.1. Sample, sampling and Sampling error
3.2. Merits of a good sample
3.3. Classifying Sampling Technique
3
3.4. Steps to develop a sampling design
Course Takeway: Appreciation for the importance of sampling in research

No.of Hours: 12
Module 4: Data Collection, Tabulation and Analysis
Any data is incomplete without the knowledge of coding, tabulation and analysis.
4.1. Classification of Research Data- primary, secondary and tertiary
4.2. Methods of collection of Primary Data: Observation, Interview Schedule and
Questionnaire
4.3. Quantitative and Qualitative Research Methods
4.4. Use of Statistics in Research: Frequency Distribution and GraphingTechniques,
Measures of Central Tendency, Dispersion
Course Takeaway: Comprehending the nuances of data collection
No.of Hours:18
Module 5: Legal Writing
The skill of legal writing helps a student of law to authenticate his vision in a scientific
way which might due to its quality encourage further research.
5.1. Basics of Legal Writing
5.2.Techniques of Citation, Copyright infringement and plagiarism
5.3. Preparation of Research Proposal
5.4. Report Writing
Course Takeway: Developing the skills in research writing
No. of Hours:12
Text Books:
A. T.L.Baker, Doing Social Research, Third edition, Mc.Graw Hill, 1999.
Glenville William, Learning of the Law, 11th Edition, Universal, New Delhi
Andre B.Yeline and Viner Sambora (2006), The Legal Research and
Reference Books:
i. 1.C.R.Kothari, Research Methodology: Methods and Technique, New Age InWriting
Handbook, 4th edition, Aspen.ternational Private Ltd, Third Edition.2.P.V.Young, Scientific
Social Survey and Research, Prentice Hall of India, Latest edition
3.Wayne Goddard and Stuart Melville, Research Methodology: An Introduction, Juta and
company Ltd. 2004.
4.ILI Law Journal on Research Methodology, 1982- I.L.I.J. Vol. 24.
4
Researched Articles Reference:
1.ILI Law Journal on Research Methodology, 1982- I.L.I.J. Vol. 24.

2.Malcolm, D. 1992. Statistical Navigator Professional , Social science Computer Review,
121-123.
3. Robinson , W.S. 1950. Ecological Correlations and the Behavior of Individuals , American
Sociological Review V15 351-357.
Books for advanced Reading:
Earl Babbie, The Practice of Social Research, 13th Edition, Wadsworth, Cengage Learning
-1206385117. List of Resource Persons:
Name Post Email
International Resource Persons
1 Prof. John Winterdyk
Full Professor, Mount Royal jwinterdyk@mtroyal.ca
University, Canada
2 Prof. Jose Vicente Universidade Federal de Rio josevtavares@gmail.com
Tavares Dos Santos Grande do Sul, Brazil.
National Resource Persons

1 Prof. Nirmal Kanti Vice Chancellor, WBNUJS, nkchakrabarti@gmail.c
Chakrabarti Kolkata om
2 Mr. Vijoy Kishore Assistant Professor, WBNUJS vijoy.kishore85@gmail
Tiwari .com
3 Prof. Sri Krishna Deva Vice Chancellor, NLU Delhi psrikrishnadevarao@g
Rao mail.com
4 Prof. Prabir Pattnaik Dean, School of Law, SOA profpkpattnaik@gmail.
University, Bhubaneswar com
5
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6113: SYSTEMS OF GOVERNANCE
COURSE DESCRIPTION:
This subject Systems of Governance focuses on basics of the governance process and divided
into four modules. The first module describes the conceptual part of the subject and
highlights on understanding of society, State, and theories of governance system. The second
module introduces the structure of State and different forms of government and third module
focuses on various checks imposed to restrict governmental power. It also highlights the
Fundamental Rights and international instruments and their absorption in Indian laws. The
module four attempts to identify the problems faced in governance process. It also focuses on
inclusive development in India and how India has been governed by taking pluralism and
diversity into the account.
LEARNING OBJECTIVES:
1. To understand the fundamental concepts governance process.
2. To motivate the students to learn many constitutional aspects related to governance
process which will be useful in their professional life.
3. To familiarize the students with recent developments in systems of governance.
4. To understand the structures and different forms of government in India.
5. To inform the students regarding various restriction and other checks that are imposed to
control the governmental power.
6. To understand problems of development that are faced by the governance process in India.
TEACHING METHOD:
The teaching method includes face-to-face teaching (lecture method), discussion method, and
followed flipped classroom model (during virtual mode of teaching), along with the group
6
discussion. It also consists of project assignments, debates and discussion and supplemented
with reading materials of different books, journal articles and different official documents.
MODULE – 1: Introduction to Systems of Governance

This module introduces the systems of governance and provides a conceptual clarity of
society, State and theories of governance. It also gives an idea for origin of State and provides
an understanding of different models of economy followed in India.
1.1. Society and State (Concept, Types, Public Law and Private Law, Constitution of India,
Moralityand Legality Aspects), Theories of Origin of State.
1.2. Theories of Governance - Rational Choice and Political Economy
1.3. Indian Political Theory and Capitalist Economy
1.4. Mixed Economy and Nehruvian Socialism Model
Course takeaways: Understanding of different concept i.e Governance, society, State and
different theories of origin of State.
Number of hours: 14 Hours
MODULE – 2: Structure of State and Forms of Government

This module gives an idea in understanding different organs of State and forms of
government. At the same time it also gives an idea to be familiar with other institutions such
as Civil Society, Nation and Government and also discusses classifications of political
systems, structure of government and public policies of different countries.
2.1. Organs of State (Relationships: Legislature, Executive and Judiciary; Legislative
Process,
Executive Process and Judicial Process)
2.1.1 Article 11, 12 and 13 of Indian Constitution
2.1.2 Comparative Study of Organs of State
2.2. Forms of Government (Parliamentary, Presidential and Mixed Models)
2.3. Structure of Government: Unitary, Federal and Local
2.4. Public Policy - A Global View (UK., USA and India) and Study of Systems of
Government (UK, USA, Canada, Switzerland, Germany and France)
7
Course takeaways: Understanding different forms of State and different types governments
and public policies of other countries.
MODULE – 3: Restrictions and Checks on Governmental Power

This module introduces restrictions and checks to control governmental power. It also
emphasized on Fundamental Rights and international instruments and their absorption in
Indian laws. This module also focuses on judicial review and its applications in India.
3.1. Theory of Checks and Balances
3.2. Fundamental Rights
3.3. International Instruments and their absorption in Indian Laws
3.4. Judicial Review and Applications in India
Course takeaways: Understanding of functions of Fundamental Rights, international
instruments and judicial review.
MODULE – 4: Problems Faced in Governance

This module focuses on problems and challenges faced by the government while governing
the State. It also highlights on inclusive development and challenges of pluralism and
diversity with centralized power. Module four also discusses how globalization, privatization
and internationalization pose various problems while governing the State.
4.1. Inclusive Development in India - Sacher Committee Report
4.2. Reconciling Pluralism and Diversity with Centralized Power
4.3. Reflection of Social Changes in Governance
4.4. Globalization, Privatization and Internationalization
Course takeaways: Understanding different issues and challenges of governing State such as
pluralism, diversity, centralized power, globalization, privatization and internationalization.
MODULE – 5: Good Governance

This module focuses on good governance system/framework in any current situations of the
country. It also highlighted how a government takes necessary steps while governing the
8
State in any crisis situations like COVID-19 global pandemic and other such kind of human
crisis. It also emphasizes on right based approach in policy making and role of e-Governance
used for management of public delivery system.
5.1. Issues Concerning Governance
5.2. Right Based Approach in Policy Making
5.3. Important aspects of Good Governance and e-Governance (Transparency, Accountability
and Citizen Centric Services)
5.4. Role of State during Crisis situation (Natural Disasters, Health and War like situation)
Course takeaways: Understanding the role of State during crisis situation (Man-
made/natural) and good governance system in providing effective citizen centric service
delivery system.
REFERENCES:
1. Bruce R. Scott, “Capitalism: Its Origin and Evolution as a System of Governance”,

Springer, 2011 2011.
2. Mark Bevir, “Governance: A Very Short Introduction”, Oxford University Press, 2012.
3. John Pierre and B. Peters, “Governance, Politics and State”, Palgrave Macmillan, 2000.
4. B.Peters and John And John Pierre, “Comparative Governance: Rediscovering the
Functional Dimension”, Cambridge University Press, 2016.
5. A.V. Dicey, “An Introduction to the Study of the Law of the Constitution”, 10th Edition,
Universal Publishing Co, 2013.
6. V.N. Shukla, “Constitutional Law”, 13th Edition, EBC, 2019.
9
7. Upendra Baxi, “The Crisis of the Indian Legal System -Alternative in Development: Law”,
Vikas Publishing House, 1982.
8. W.G. Paton, “A Text Book on Jurisprudence”, 4th Edition, Oxford University Press, 2007.
9. Addink Henk, “Good Governance: Concept and Context”, Oxford Scholarship, 2019.
10.
RESEARCH ARTICLES:
1. Upendra Baxi, “Law, Democracy and Human Rights”, Lokayan Bulletin, 5, 4/5, 1987.
2.Michael J. Matheson, United Nations Governance of Postconflict Societies, The American

Journal of International Law, Vol. 95, No. 1 (Jan., 2001), pp. 76-85
3. Terry M. Moe, Michael Caldwell, The Institutional Foundations of Democratic

Government: A Comparison of Presidential and Parliamentary Systems, Journal of
Institutional and Theoretical Economics (JITE) / Zeitschrift für die gesamte
Staatswissenschaft, Vol. 150, No. 1, Symposium on The New Institutional Economics
Bounded Rationality and the Analysis of State and Society (March 1994), pp. 171-195.
4. Mark Bevir, Democratic Governance: Systems and Radical Perspectives, Public

Administration Review, Vol. 66, No. 3 (May - Jun., 2006), pp. 426-436.
5. Adrian Leftwich, Governance, Democracy and Development in the Third World, Third
World Quarterly, Vol. 14, No. 3, Democratization in the Third World (1993), pp. 605-624,
10
Sl. No. Resource Person (International) Resource Person (National)
1 Prof. (Dr.) Kenneth Holland Prof. Ananta Giri

Professor & Dean (Academics,
Research and International Affairs) Madras Institute of Development Studies,
Jindal Global Law School Chennai
e-Mail: kholland@jgu.edu.in
e-Mail: aumkrishna@gmail.com
2 Dr. Abin Thomas Prof Aseem Prakash

Research Fellow (Global Health) School of Public Policy and Governance
Research Fellow: Global Academy of TISS Hyderabad campus
Agriculture and Food Security, The e-Mail: aseem.prakash@tiss.edu;
University of Edinburgh aseemprakash@gmail.com
e-Mail: abin.thomas@ed.ac.uk Mobile No. + 91 8099781430
11
This subject Systems of Governance focuses on basics of the governance process and divided
into four modules. The first module describes the conceptual part of the subject and
highlights on understanding of society, State, and theories of governance system. The second
module introduces the structure of State and different forms of government and third module
focuses on various checks imposed to restrict governmental power. It also highlights the
Fundamental Rights and international instruments and their absorption in Indian laws. The
module four attempts to identify the problems faced in governance process. It also focuses on
inclusive development in India and how India has been governed by taking pluralism and
diversity into the account.
7. To understand the fundamental concepts governance process.
8. To motivate the students to learn many constitutional aspects related to governance
process which will be useful in their professional life.
9. To familiarize the students with recent developments in systems of governance.
10.To understand the structures and different forms of government in India.
11.To inform the students regarding various restriction and other checks that are imposed to
control the governmental power.
12.To understand problems of development that are faced by the governance process in India.
TEACHING METHOD:
The teaching method includes face-to-face teaching (lecture method), discussion method, and
followed flipped classroom model (during virtual mode of teaching), along with the group
discussion. It also consists of project assignments, debates and discussion and supplemented
with reading materials of different books, journal articles and different official documents.
MODULE – 1: Introduction to Systems of Governance

This module introduces the systems of governance and provides a conceptual clarity of
society, State and theories of governance. It also gives an idea for origin of State and provides
an understanding of different models of economy followed in India.
1.1. Society and State (Concept, Types, Public Law and Private Law, Constitution of India,
Moralityand Legality Aspects), Theories of Origin of State.
12
1.2. Theories of Governance - Rational Choice and Political Economy
1.3. Indian Political Theory and Capitalist Economy
1.4. Mixed Economy and Nehruvian Socialism Model
Course takeaways: Understanding of different concept i.e Governance, society, State and
different theories of origin of State.
MODULE – 2: Structure of State and Forms of Government

This module gives an idea in understanding different organs of State and forms of
government. At the same time it also gives an idea to be familiar with other institutions such
as Civil Society, Nation and Government and also discusses classifications of political
systems, structure of government and public policies of different countries.
2.1. Organs of State (Relationships: Legislature, Executive and Judiciary; Legislative
Process,
Executive Process and Judicial Process)
2.1.1 Article 11, 12 and 13 of Indian Constitution
2.1.2 Comparative Study of Organs of State
2.2. Forms of Government (Parliamentary, Presidential and Mixed Models)
2.3. Structure of Government: Unitary, Federal and Local
2.4. Public Policy - A Global View (UK., USA and India) and Study of Systems of
Government (UK, USA, Canada, Switzerland, Germany and France)
Course takeaways: Understanding different forms of State and different types governments
and public policies of other countries.
MODULE – 3: Restrictions and Checks on Governmental Power

This module introduces restrictions and checks to control governmental power. It also
emphasized on Fundamental Rights and international instruments and their absorption in
Indian laws. This module also focuses on judicial review and its applications in India.
3.1. Theory of Checks and Balances
3.2. Fundamental Rights
13
3.3. International Instruments and their absorption in Indian Laws
3.4. Judicial Review and Applications in India
Course takeaways: Understanding of functions of Fundamental Rights, international
instruments and judicial review.
MODULE – 4: Problems Faced in Governance

This module focuses on problems and challenges faced by the government while governing
the State. It also highlights on inclusive development and challenges of pluralism and
diversity with centralized power. Module four also discusses how globalization, privatization
and internationalization pose various problems while governing the State.
4.1. Inclusive Development in India - Sacher Committee Report
4.2. Reconciling Pluralism and Diversity with Centralized Power
4.3. Reflection of Social Changes in Governance
4.4. Globalization, Privatization and Internationalization
Course takeaways: Understanding different issues and challenges of governing State such as
pluralism, diversity, centralized power, globalization, privatization and internationalization.
MODULE – 5: Good Governance

This module focuses on good governance system/framework in any current situations of the
country. It also highlighted how a government takes necessary steps while governing the
State in any crisis situations like COVID-19 global pandemic and other such kind of human
crisis. It also emphasizes on right based approach in policy making and role of e-Governance
used for management of public delivery system.
5.1. Issues Concerning Governance
5.2. Right Based Approach in Policy Making
5.3. Important aspects of Good Governance and e-Governance (Transparency, Accountability
and Citizen Centric Services)
5.4. Role of State during Crisis situation (Natural Disasters, Health and War like situation)
14
Course takeaways: Understanding the role of State during crisis situation (Man-
made/natural) and good governance system in providing effective citizen centric service
delivery system.
REFERENCES:
11. Bruce R. Scott, “Capitalism: Its Origin and Evolution as a System of Governance”,
Springer, 2011 2011.
12. Mark Bevir, “Governance: A Very Short Introduction”, Oxford University Press, 2012.
13. John Pierre and B. Peters, “Governance, Politics and State”, Palgrave Macmillan, 2000.
15. A.V. Dicey, “An Introduction to the Study of the Law of the Constitution”, 10th Edition,
Universal Publishing Co, 2013.
16. V.N. Shukla, “Constitutional Law”, 13th Edition, EBC, 2019.
17. Upendra Baxi, “The Crisis of the Indian Legal System -Alternative in Development:
Law”, Vikas Publishing House, 1982.
18. W.G. Paton, “A Text Book on Jurisprudence”, 4th Edition, Oxford University Press,
2007.
19. Addink Henk, “Good Governance: Concept and Context”, Oxford Scholarship, 2019.
15
RESEARCH ARTICLES:
1. Upendra Baxi, “Law, Democracy and Human Rights”, Lokayan Bulletin, 5, 4/5, 1987.
2.Michael J. Matheson, United Nations Governance of Postconflict Societies, The American

Journal of International Law, Vol. 95, No. 1 (Jan., 2001), pp. 76-85
3. Terry M. Moe, Michael Caldwell, The Institutional Foundations of Democratic

Government: A Comparison of Presidential and Parliamentary Systems, Journal of
Institutional and Theoretical Economics (JITE) / Zeitschrift für die gesamte
Staatswissenschaft, Vol. 150, No. 1, Symposium on The New Institutional Economics
Bounded Rationality and the Analysis of State and Society (March 1994), pp. 171-195.
4. Mark Bevir, Democratic Governance: Systems and Radical Perspectives, Public

Administration Review, Vol. 66, No. 3 (May - Jun., 2006), pp. 426-436.
Sl. No. Resource Person (International) Resource Person (National)
1 Prof. (Dr.) Kenneth Holland Prof. Ananta Giri

Professor & Dean (Academics,
Research and International Affairs) Madras Institute of Development Studies,
Jindal Global Law School Chennai
e-Mail: kholland@jgu.edu.in
e-Mail: aumkrishna@gmail.com
2 Dr. Abin Thomas Prof Aseem Prakash

Research Fellow (Global Health) School of Public Policy and Governance
Research Fellow: Global Academy of TISS Hyderabad campus
Agriculture and Food Security, The e-Mail: aseem.prakash@tiss.edu;
University of Edinburgh aseemprakash@gmail.com
e-Mail: abin.thomas@ed.ac.uk Mobile No. + 91 8099781430
16
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
[LW6115]- Law and Justice in a Globalizing World
COURSE DESCRIPTION:
Course description: This course will consider the diffusion of law from a global
perspective and the spread of legal ideas all over the world. Further, in contemporary times,
as the societies are witnessing rapid growth, there is an increasing debate about the concept
of Law and Justice. These developments have the potential to impact the modern legal
thought and all forms of governance. This course will explore the challenges of
globalization to social, political and economic perspectives on law and justice.
Learning objective:
1.To make the students understand the broader perspectives of law and to engage the
students with the issues raised by the globalization process and debates about
‘globalization and also to develop their own responses to complex global legal
problems, both at a national and International level
2. To extend students’ knowledge and understanding of the most important debates in
contemporary legal theory and also to enable them to assess the content and scope
of principles of justice
3. To enable the students to explore normative underpinnings of the key real world
policy debates.
4. To provide a foundation of analytical skills and theoretical knowledge of law and
justice in contemporary times.
5. To enhance the students’ problem solving approach to the contemporary world
situations;
Teaching Methods
At the post-graduate level, it is particularly easy to build on the juristic ideas as the students
have already been exposed to the jurisprudential concepts in the under-graduate courses.
17
This course will involve case-studies and other illustrations to make the students participate
in the class. A summary of the jurisprudential concepts will be given in the beginning through
lectures and secondary readings. Then, a combination of readings, newspaper exercises, case-
studies and projects will be adopted. The students will undertake activities using of
newspaper articles, video documentaries and other available modes of information in order to
apply the theoretical concepts for a critical analysis of the world events.
MODULE I-Debates on Law & Justice

To clear the basics of the evolution of law and justice in ancient India and its changing
relations and dynamics
1.1 Nature and meaning of Law

1.2 Meaning of Justice: Relationship of Law and Justice, Justice as function and
purpose of Law
1.3 Introduction to the Concept of Law and Justice in Ancient India
1.4 Concept of Social Justice: Trends in India and abroad
1.5 Globalization: Meaning , need and objective
1.6 Concept of Global Justice: Global Justice and Right to Development
Course takeaway: Students would get basic understanding of the concept of law and justice ,
and how it has evolved over a period of time.
Total number of hours: 12 hours
Module II: Theoretical Propositions of Global Justice
To help students in understanding the basic concept of global justice and its various nuances
in today’s society
2.1 Global Justice and Legal Theory

2.2 Concept of Realism and Liberalism
2.3 Global Justice and the concept of Marxism and Realism
2.4 Global Justice and the concept of Human Rights
18
2.5 Concept of Nationalism and multi-culturalism
2.6 Changing dynamics of State practice and Global Justice in the 21st century
Course Takeaway: Students would get basic understanding of the concept of Global Justice
and how it has been evolving over a period of time.
Module III: Globalization and its International trends

To help students in understanding the basic concept of globalization, justice delivery and its
various forms in the present times
3.1 Dynamics of justice delivery and International Law with the advent of
Globalization
3.2 Justice in the Time of Transition and the formation of the Brettonwoods institutions
3.3 Development of the U.N and the concept of peacekeeping
3.4 ICJ and global justice
3.5 ICC and the changing dynamics of Human rights
3.6 Globalization, Global Justice and the concept of human rights post 2020 ( Covid-19
pandemic).
Course Takeaway: Students would get basic understanding of the concept of how supra-
national institutions work in maintaining International peace and security and their various
facets, especially post the Covid-19 pandemic.
Module IV : Impact of Globalization on Administration of Justice In India

To help students in understanding the basic concept of globalization, justice delivery and how
it is perceived and protected in India
4.1 Globalization and access to justice in India

4.2 Development of PIL Jurisprudence in India
4.3 Sen-Bhagwati Debate
19
4.4 Globalization and protection of human rights in the Constitution of India
4.5 Role of NGO’S in protection of human rights in India
4.6 Contemporary challenges to protection of human rights, globalization post March
2020 ( Covid -19 pandemic)
Course Takeaway: Students would get basic understanding of the concept of how the
concept of globalization and human rights have evolved in India, its constitutional position
and its emerging patterns and trends, especially in a post the Covid-19 pandemic world.
Module V: Newer Dynamics of Law And Justice in a Changing World

To help students in understanding the as to how states are evolving under an International
framework to protect human rights constantly in the face of globalization and its challenges.
5.1 Role of states in protecting the human rights of individuals with specific reference
to multilateral conventions and agreements;
5.2 Terrorism and state sponsored terrorism under International Law
5.3 Terrorism , Human Rights and India
5.4 Changing dynamics of state responsibility and doctrine of non-intervention in 2020-
21.
5.5 State responsibility and South Asia, with specific reference to India and Pakistan.
5.6 Position of individuals in International Law
Course Takeaway: Students would get a complete overview of how facets of global justice,
globalization are inter-connected with Public International Law and the doctrine of state
responsibility.
References:
Case References:(National)
1. Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545
20
2. Spences Hotel Private Limited and another v. State of West Bengal and Others,
(1991) 2 SCC 154
3. State of Karnataka v. Associated Management of (Government recognised- Unaided-
English Medium) Primary and Secondary Schools and Others, (2014) 9 SCC 485
4. State of Karnataka vs Arun Kumar Agarwal AIR 2000 SC 411
5. N.D. Dayal versus Union of India 2003 (70 Scale 54, BALCO Employees Union
(regd.) versus Union of India and others AIR 2002 SC 350
6. Narmada Bachao Andolan versus Union of India and others AIR 2000 SC 375
7. Tehri Bandh Virodhi Sangharsh Samiti vs. State of U.P. 1992 SUPP (1) SCC 44
8. Bandhua Mukti Morcha vs Union of India (1985) 3 SCC 161
9. M.C. Mehta vs Union of India (1996) 4 SCC 750
10. Union Carbide Corporation vs. Union of India (1989) 1 SCC 674
11. Charanlal Sahu vs Union of India (1990) 1 SCC 613
12. M.C. Mehta vs. Union of India, S.C. Writ Petition (Civil) No. 13029/1985 (5 April
2002).
Case References: (International)

1. CorfuChannelCase(UnitedKingdom v.Albania)[I.C.J.Reports1949,p.244.
2. Gabčikovo-Nagymaros Project, Hungary v Slovakia [1997] ICJ Rep 7
3. Attorney General of the Government of Israel vs. Eichmann, 36 ILR 277 (1962)
4. Advisory opinion of the General Assembly on the legality of usage of Nuclear
Weapon,1996
5. Nicaragua v United States (1986) ICJ Rep 14
6. UN intervention ofKuwait.
7. UN Intervention in Somalia
8. UN Intervention in Rwanda
Text Books:
1. Anuj Bhuwania (2016) Courting the People: Public Interest Litigation in Post-
Emergency India, South Asia in the Social Sciences series, Cambridge University
Press (AB)
2. Ashok Agarwal, Bharat Bhusan (ed.) (2009) State of Justice in India: Issues of Social
Justice, Volume II, SAGE Publications ltd. (Samaddar).
21
3. Mayur Suresh, Siddharth Narrain (ed.) (2014) The Shifting Scales of Justice: The
Supreme Court in Neo-liberal India, Orient Black Swan (SSJ)
4. Shaw Malcom,International Law 8th edition, Cambridge University Press.
5. Harris, D. J., Cases and Materials on International Law, 6th ed (Thomson and Sweet
and Maxwell, London, 2004).
6. Starke, J. G., Introduction to International Law,( 10th ed Butterworth’s, London,
1992)
Reference Books:
1. James Penner, David Schiff and Richard Nobles (2002): Introduction to Jurisprudence
and Legal Theory Commentaries and Materials Oxford University Press (OUP) (JLT)
2. Michael Freeman (2014) Lloyds Introduction to Jurisprudence, Sweet & Maxwell (MF)
3. Michael J. Sandel (2007) Justice: What’s the right thing to do? A Reader, OUP USA
(MJS)
4. Videh Upadhyay (2008) Law under Globalisation, Social Watch Perspective Series
Vol.:1 (SW)
5. WilliamTwining (2000) Globalisation and Legal Theory, Butterworths (GLT)
6. Shiv Vishwanathan (8 Jan 2000) A Letter to the 21st Century EPW.
Books for advanced reading:
1. William Twining (2009) General Jurisprudence: Understanding law from global

perspective, Cambridge University Press (WT)
22
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6231: INTERNATIONAL ECONOMIC LAW
(Sem. 01/Paper-04,)
COURSE DESCRIPTION:
To introduce and impart the concepts of the Principles of International Economic Law which
includes the understanding of overall mechanism for international trade and finance.
1. To impart the basic understanding of the functioning major trade regimes like WTO,
Regional FTAs & BITs;
2. To make understand the principles of functioning of global capital market & currency
exchanges and related regulatory & policy framework;
3. To help in building the basic skill set to interpret the legal-economic-strategic structure
of world from the perspective of international trade and international finance;
4. To develop the ability to critically analyse global disputes from legal angle;
5. To develop the ability to critically analyse global disputes from economic angle.
TEACHING METHOD:
The course will be taught by combination of:
1. Lecture Sessions;
2. Case Study;
3. Judgment Reading;
4. Case law – Research;
5. Presentations.
6. Discussion
23
MODULE-I:Legal-Economic Structure: Existing and Evolving
This Module will introduce the fundamental and conceptual base of International
Economic Law through the perspectives of Economic, Legal and Strategic issues.
1.1 The Economic Aspect: IMF, World Bank, Financial Regulations, WTO, BIT, FTAs.
1.2 The Legal Aspect: Dispute Settlements, WTO-DSB, Arbitration, Trade Mediations.
1.3 The Strategic Aspect: BRICS, G-20, BRI, TPP, ASEAN etc.
COURSE TAKEAWAYS: Students will acquire understanding on various Economic

Institution at global level, introduction to global dispute settlement mechanisms. Students
have to go through two extensive quiz sessions (2 classes) on basic concepts.
NUMBER OF HOURS: 12 Hours
MODULE-II: International Trade

In this Module discussion will be on issues like concepts of non-discrimination and
dumping and development and growth of international trade.
2.1 Development Global Trade & The journey from GATT to WTO
2.2 Important Agreements Under GATT & WTO
2.3 The Most Favored National Principle
2.4 The National Treatment Principle
2.5 Anti-Dumping Mechanism
COURSE TAKEAWAYS: Students will acquire understanding on concepts of various trade

issues at global stage like dumping, MFN etc. along with evolution of GATT/WTO regime.
Students have to go through one class based test on essay type questions and receive
individual feedback (3 classes).
24
MODULE- III: Dispute Settlement Mechanism in International Trade
In this Module discussion will be on dispute resolution mechanism of WTO and it is
unique characteristics.
3.1 Global Dispute Settlement Mechanism with reference to world trade
3.2 WTO Dispute Settlement Mechanism & International Arbitration
3.3 Position of WTO Dispute Settlement Mechanism in International Law
3.4 Challenges of Trade Dispute Settlement Mechanism
3.5 Trade Negotiations: BITs, FTAs and Regional Trade Associations
COURSE TAKEAWAYS: Students will acquire understanding of various dispute settlement

systems at global stage involving various trade regime. Students have to go through class
room group exercise on conduct and proceedings of WTO disputesettlement mechanism.
MODULE-IV: International Finance

In this Module discussion will be on recent and contemporary challenges associated in
international financial markets, capital flow and currency flow and systemic risk to
global finance market.
4.1 Financial Markets

4.2 International Currency Exchange
4.3 Capital Flow across major jurisdictions
4.4 Basel Norms & the role played by Basel Norms in regulating global banking
4.5 Systemic Risk and 2008 Global Financial Crisis
COURSE TAKEAWAYS: Students will acquire understanding on financial markets, and

global financial crisis etc. Students have to go for group presentation on issues of
international finance and the topic will be decided by the subject teacher after discussion with
concerned groups.
25
MODULE- V: Recent Challenges and Contemporary Developments
In this Module discussion will be on recent and contemporary challenges associated in
this area like COVID 19, US-China trade war, Border Tension among countries etc.
5.1 Trade Related Challenges: Existential Challenges of WTO and Multilateralism and Free
Trade
5.2 Strategic Challenges: Changing Global and Regional Geopolitical realities like Hacking
by belligerent Governments; G-7 Countries stand
5.3 Economic Challenges: Financial tools as weapon:
5.4Capital Flow and Terrorism Financing
5.5Stock Exchange Disruption and Market crash
COURSE TAKEAWAYS: Students will acquire understanding on recent challenges like the
Covid-19 pandemic, US - China Trade wars etc. Students have to go for individual
presentation with their own views and opinions with pre-approved topics of their own choice.
CASE REFERENCES
1. US-Final Anti-dumping measures on Stainless Steel from Mexico, WT/DS344/AB/R

(adopted May 20, 2008)
2. Indonesia Car Case, 1998
3. Canada Auto Pact Case, 2000
4. Japan Alcoholic Beverages Case, 1996
5. 2008 Global Financial Crisis, Case Study
6. 1929 Global Financial Crisis, Case Study
7. Turtle - Shrimp case, 1998 (Amicus Briefs)
8. United States - Sections 301-310 of the Trade Act of 1974
9. US - China Currency and Trade War
10. Vodafone - India Tax Dispute and related issues
26
TEXT BOOKS
1. Simon Lester and Bryan Mercurio, World Trade Law (Tax, Materials and Commentary),
First Indian Reprint, Universal Law Publishing, 2010.
2. Richard Carnell,et al.,“The Law of Banking and Financial Institutions”, Aspen Publishers,
New York. (4th ed. 2009).
3. Salvatore, D "International Economics:Trade and Finance, Wiley Publishers, 11th
Ed.2014.
REFERENCE BOOKS
1. Raj Bhala, International Trade Law: Interdisciplinary Theory and Practice, 2nd Ed.,
Thomson Sweet & Maxwell, 2013
2. John H. Jackson, The World Trading System, 2nd Ed., Satyam Books,2012.
3. Sodestein, Bo and Geoffrey Reed "'International Economics" 3rd International Macmillan
Publishers Ed, 1999.
4. Jason C.T. Chuah, Law of International Trade: Cross-Border Commercial Transactions, 4th
Ed., Sweet & Maxwell, 2009. (Chapters: 5,12 & 13)
5. Lorand Bartels and Federico Ortino (Edt.), Regional Trade Agreements and the WTO
Legal System, Oxford University Press, 2006.
6. Indira Carr, International Trade Law, 4th Ed., 2010.
RESEARCHED ARTICLES REFERENCE
1. The WTO Trade Remedy System: East Asian Perspective (Mitsuo Matsushita, Dukgeun
Ahn and Tain-Jy Chen, eds.) (London, Cameron May Publishers, 2006) at 11-31
2. 34 N.Y.U. J. Int'l L. & Pol. 299 (2002)
3. China’s Participation in the WTO (Henry Gao and Donald Lewis, eds.) (London, Cameron
May Publishers, 2005) at 315-351
4. 31 N.Y.U. J. Int'l L. & Pol. 823 (1999)
27
5. 91 AJIL 60 (January, 1997)
6. 90 AJIL 193 (April, 1996)
7. 86 AJIL 310 (April, 1992)
8. UCLA J. Int'l L. Foreign Aff. 209 (2011)
9. 8 Marquette Intellectual Property Law Review 211 (2004) [TRIPS, Patents, and Access to
Life-Saving Drugs in the Developing World]
10. 7 Melbourne Journal of International Law 339 (2006)
11. Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron May
Publishers, 2005) at 217-252
BOOKS FOR ADVANCED READING
1. Petros C. Mavroidis, Trade in Goods, Oxford University Press, 2007.
2. www.wto.org - Contains original contents publication by wto - Relevant cases from WTO
website
3. Alan O. Sykes, The WTO Agreement on Safeguards, Oxford University Press, 2006.
4. Yan Luo, Anti-Dumping in the WTO, the EU and China, Wolters Kluwer, 2010.
5. Nellie Munin, Legal Guide to GATS, Wolters Kluer, 2010.
6. Bernardette Griffin, Day and Griffin, The Law of International Trade, 3rd Ed., Oxford
University Press, 2004.
7. Lorand Bartels and Federico Ortino (Edt.), Regional Trade Agreements and the WTO
Legal System, Oxford University Press, 2006.
8. Sonia E. Rolland, Development at WTO, Oxford University Press, 2012.
28
RESOURCE PERSONS
International
1. Dr. Swati Gola (Lecturer in Leicester Law School, University of Leicester)
Contact: S.Gola@exeter.ac.uk
2. Dr. Abdul Rehman Baamir (Legal Expert, Writer and Practitioner, Jeddah, Saudi Arabia)
Contact: abdulrahman@baamir.com
National:
1. Prof. (Dr.) A. Jayagovind (Visiting Professor, NLU, New Delhi)
Contact: a.jayagovind@nludelhi.ac.in; ajayagovind@gmail.com
2. Prof. Pitabas Mohanty (Professor of Finance, XLRI Jamsedpur)
Contact: pitabasm@xlri.ac.in
3. Prof. Jitendra Mahakud (Professor of Economics, Dept. of Humanities &Social Sciences,

IIT, Kharagpur)
Contact:jmahakud@hss.iitkgp.ac.in
29
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
[LW6233]- International Human Rights Law
Course description: The object of the course is to enable the students to critically analyze
the international regime for the protection of human rights. The course will explore
international human rights law, policy and perspective and deal with the global and regional
mechanisms for the protection of human rights.
Learning objective:
 To begin with the growth international human rights law and the change in perspective of
placing human rights as a matter of domestic law to international law.
 To explore the International Human rights laws, norms and practice; the procedures used
to protect human rights and the contribution of the regional organizations in protecting
human rights.
 To draw a link between human rights and several contemporary issues like humanitarian
intervention, terrorism, international trade.
 To enable the students to critically analyze the existing international legal framework for
the protection of human rights.
 To help the students appreciate the shortcomings and the challenges faced in the
protection of human rights world-wide.
Teaching Methods
The teaching methodology that shall be adopted for this paper will be a combination of
lecture method, debates, discussion and research. The teacher shall introduce the topic in the
class and after that the students shall be encouraged to research and analyze on the issues
relating to the subject and present their finding in the class. This shall be followed by
discussions.
30
Module 1: Introduction to International Human Rights Law
This module will deal with the normative principles of International Human rights, the
structural principles and the present interpretation of the rights in practice.
1.1Origin and background of Human Rights

1.2Universality and Indivisibility of Human Rights
1.3Internationalization of Human Right
1.4Schools of Human Rights Law.
1.5International Human Rights Protection - Structural Principles
Course take away: The how and why of the inalienability and universal nature of human
rights will be understood along with the interdependency and broadening spectrum from its
beginning till the present times.
Number of hours: 14 hours.
Module 2: Human Rights under the United Nation System

This module will deal with the in-depth functioning of the UN, its organs and the impact it
creates in the working of human rights laws globally.
2.1Human Rights under the framework of the UN Charter

2.2 Universal Declaration of Human Rights, 1948.
2.3 Human Rights Treaties and Monitoring Mechanisms
2.4 Charter Based Organs and Mechanism
2.5U.N Specialized Agencies
Course take away: Though the structure and functioning of the UN is clearly marked, its
operations and control over its member countries comes with challenges. The east-west
dichotomy gets reflected in the power politics of the countries.
Module 3: Human Rights under Regional Framework

This module will deal with the growth and spread of international human rights law through
different regional bodies, the manner in which they operate along with its effectiveness in
their respective regions.
31
3.1 The European System for the Protection of Human Rights
3.2 The Inter-American Human Rights System
3.3 The African System of Human and People’s Rights
3.4 Arabic and Islamic System of Human Rights
3.5 Asian system of Human
Course take away: Though regional bodies exists, the challenges of human rights violation
continues due to the lack of uniformity in application and the presence of complex web of
political interrelation among countries.
Module 4: Discrimination and Human Rights – Transnational Perspective

This module will deal with one of core elements of human rights with respect to right to
equality, of the groups who are challenged in one form or the other due to their societal
placement.
4.1 Equality and Non-Discrimination

4.2 Gender
4.3 Racism
4.4 Sexual Orientation
4.5 Disability
Course take away: International human rights law has been evolving continuously against
discrimination of different groups ensuring better lives for the minority community and
welcoming changes in the local laws of the member countries.
Module 5: Contemporary Issues
This module will deal with the dynamic nature of human rights which encompasses into all
aspects of the modern world. Ranging from maintenance of peace and security to decisions
that are made in international trade, directly and indirectly pose a threat to human rights.
32
5.1 Human Rights and Maintenance of Peace and Security
5.2 Terrorism and Human Rights
5.3 Liberty and Security During armed Conflict/ State Emergency
5.4 Trade, Development and Human Rights
5.5 Globalisation and Human Rights
Course take away: Human rights is not limited to an individual’s conduct or suffering alone.
Decisions of countries, multinational corporations and economic decisions also affect human
rights of masses.
References:
Case References:
13. Lautsi and ors v Italy, Merits, App no 30814/06, IHRL 3688 (ECHR 2011)
14. Eweida v United Kingdom [2013] ECHR 37
15. Von Hannover v Germany [2004] (Application no. 59320/00)
16. Nicaragua v. United States 1986 I.C.J. 14
17. Jersild v Denmark 19 EHRR 1, IHRL 2917 (ECHR 1994)
18. B and C v. Switzerland (Applications nos. 889/19 and 43987/16)
19. Affaire E.K. C. Grèce ECLI:CE:ECHR:2021:0114JUD007370013
20. Affaire N.H. Et Autres C. France (Requête No 28820/13 Et 2 Autres)
21. Case Of M.S. V. Slovakia And Ukraine (Application no. 17189/11)
22. A.E. v. Sweden CCPR/C/128/D/3300/2019
Text Books:
7. A.H.Robertson and J.G.Merills, 2005. Human Rights In The World An Introduction

To The Study Of The International Protection Of Human Rights. 4th ed. New Delhi :
Universal Law Publishing Co. Pvt. Ltd.
33
8. Shaw, M.N., 2005. International Law. 5th ed. New Delhi: Cambridge University
Press.
9. Nowak Manfred,2003. Introduction to the International Human Rights Regime.
Leiden: Martinius Nijhoff Publishers.
Reference Books:
1. Upendra Baxi: The Future of Human Rights (Third Edition). (New Delhi: Oxford
University Press India 2012).
2. Shave Lea, 2010. The Inter American Human Rights System – An Effective institution
for Human Rights Protection? Washington University Global Studies Law Review,
9(4).
3. An International Bill of Rights, 1947. International Law Quaterly, 1(2). pp 2150-220.

Available at http://www.jstor.org/stable/762978
4. Benjamin V. Cohen, Human Rights Under the Charter. Available at :

http://scholarship.law.duke.edu/lcp/vol14/iss3/4/
5. Ruth Gavison, On the Relationship between civil Political Rights and Economic
Social Rights.
6. Thomas Buergenthal, 1997. The Normative and Institutional Evolution of International

Human Rights. Human Rights Quaterly, 19(4). Availavle at:
http://www.jstor.org/stable/762684
Researched Article references:
2. Marie Benedicte Dembour, What are Human Rights? Four schools of Thought.
Human Rights Quarterly, Vol. 32, No. 1 (Feb 2010) pp. 1-20
3. George Letsas, the ECHR as a living instrument: its meaning and legitimacy, The
European Court of Human Rights in a National, European and Global context,
Cambridge Books, pp.106-144
4. Karin Arts & Atabongawung Tamo, The Right to Development in International Law:
New Momentum Thirty Years Down the Line? Neth Int Law Rev (2016) 63:221-249
34
Books for advanced reading:
5. Ilias Bantekas & Lutz Oette, International Human Rights Law and Practice,
Cambridge University Press; 2nd edition (29 September 2016).
6. Philip Alston & Ryan Goodman, International Human Rights, Oxford Publication,
Oxford University Press; 2nd edition (12 October 2012).
Resource Person:
Ms. Zhengqi Liu (Emergency Response and Rehabilitation Specialist) United Nations
zhengqi.l01@gmail.com
35
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6335 INVESTMENT LAW
COURSE DESCRIPTION
The course is to make the student understand the concept of investment law in national as
well as international aspects. The subject will be taught to the students in comparative way
based on national law and law relating to different countries on investment law. To have a
critical understanding of the international efforts made to solve the disputes.
LEARNING OBJECTIVES
1. To make the students understand the objective of securities exchange board of India in
protecting the investors
2. To analyze the laws of foreign investment regulating in Indian Market and the current
scenario of Foreign direct Investment
3. To have a critical understanding of the international efforts to regulate foreign investment;
4. To make them understand the interplay between law and politics in regulating foreign
investment
5. To make them aware of the rules and regulations that deal in India and for the foreign
investors who invest in India as well as the international legal concepts.
TEACHING METHOD
The teaching in this course is done by way of lectures, seminars and tutorial sessions. The
lecture series is devoted to examination of the relevant statutory and case law framework and
to the discussion of basic legal concepts of investment law in India. The course will
incorporate with understanding of the meaning of investment law and its practices and
procedures in the corporate world. Participation in class discussion is the primary mode of
teaching/learning.
36
MODULE – I: ROLE OF SEBI AND ITS REGULATIONS IN CAPITAL MARKET
This module shall deal with explaining the role of SEBI in the capital market and its
importance. SEBI rules and regulation and the main functioning of SEBI in the capital
Market and how it protects the interest of investors in a comparative analysis with various
countries.
1.1 Role of Securities Exchange Board of India, U.S. Securities and Exchange Commission
and Securities Investment Board of UK
1.2 Collective Investment Scheme,Mutual Fund -Types
1.3 Credit Rating Agency
1.4 Depository Protection
1.5 SEBI (Investor Protection and Education Fund) Regulations, 2009
NUMBER OF HOURS: 12
MODULE – II: FOREIGN EXCHANGE – RULES AND REGULATION
This module shall deal with explaining the basic legal framework of foreign exchange
matters that deal with investment. The law relating to foreign exchange matters and their
rules and regulation.
2.1 Foreign Exchange Management Act, 1999

2.2 The purpose of FEMA1999
2.3 Role of Reserve Bank of India
2.4 Current Account Transaction
2.5 Capital Account Transaction
NUMBER OF HOURS : 12
MODULE – III: FOREIGN INVESTORS ROLE IN INDIAN ECONOMY
This module shall deal with foreign direct investment and their procedure according to
current FDI policies. The other other is relating to foreign portfolio investors and their
registration process in dealing with corporate transactions.
3.1 Foreign Direct Investment (FDI): Meaning, Types
37
3.2 Procedure of Foreign Direct Investment
3.3 Foreign Portfolio Investors : Meaning
3.4 Registration procedure of Foreign Portfolio Investors
3.5 FDI policy currently in force
MODULE – IV: INTERNATIONAL ASPECTS OF FOREIGN INVESTMENT
This module shall deal with explaining the international aspects of foreign investment by
various agreement and treaties
4.1 Bilateral Investment Treaties

4.2 Multilateral Agreement on Investment
4.3 Multilateral Investment Guarantee Agency
4.4 General Agreements on Tariff and Trade
4.5 General Agreements on Trade in Service
MODULE – V: AGREEMENT ON TRADE-RELATED INVESTMENT MEASURES
This module shall deal with explaining the trade related investment measures in an
international perspectives. How the various rounds were developed and the existence of the
agreement of TRIMs came into importance in corporate transactions.
5.1 Evolution of various rounds of negotiations
5.2 Uruguay round negotiations
5.3Trade Related Investment Measures (TRIMs) after GATT: Value Addition
5.4 Flaws in TRIMs agreement
5.5 Various Contributions of TRIMs
38
TEXT BOOKS
1. Avdhani. V.A, Himalaya Publishing House, 2005, Investment and Securities

Markets in India.
2. Dr. S. Gurusamy, Tata McGraw Hill, 2009, Financial Markets and Institutions.
REFERENCE BOOKS
1.Khan. M. Y, Tata McGraw Hill Publication, 2009, Financial Services
2.K.P.M. Sundaram, P.N.Varshney, Sultan Chand & Sons, Banking theory, Law and Practice
3.Dutta’s banking law and Investments
4.Farrar, John, H. and Hanniyan, Brenda, Farrr's Company Law, (1998) Butterworths,
London
5.Gupta, S.N., the Banking Law in Theory and Practice, (1999) Universal, New Delhi
6.Tannan, M.L., Tannan's Banking Law and Practice in India, (2000) India Law House, New
Delhi
7.Ramaiya, A., Guide to the Companies Act, (1998) Wadhwa and Co., New Delhi
8.Bhandari, M.C., Guide to Company Law Procedures, (1996) Wadhwa and Co.,New Delhi
9.Ford, Haj A.M., et. al. Ford's Principles of Corporations Law, (1999)Butterworths, London
10.Purithavathy Pandian, Vikas Publishing House, Delhi. Security Analysis and Portfolio
Management
11.Kucchal. S.C, Chaitanya publishing House,21st ed. Corporate Finance
12.Shekhar. K.C. Shekar Lekshmy, Vikas Publishing House, 20th ed, Banking theory and
Practice
13.M. Sornarajah, The International Law on Foreign Investment (Cambridge University

Press, Cambridge, 2004
14.Mithani.D.M, Himalaya Publishing House, Money banking, International trade and Public
Finance
15.Singh Preeti, Himalya Publishing House, Investment management
16.G.Vijayragvan Iyenger, Excel books, New Delhi, Introduction to Banking
17.Bholey. L. M, Financial Institutions and Markets
18.Surya P. Subedi, International Investment Law: Reconciling Policy and Principle (Hart
39
Publishing, Oxford, 2008)
19.Dolzer, R and C. Schreuer (2008). Principles of International Investment Law (Oxford

University Press: Oxford)
20.Oxford Handbook of International Investment Law, Peter Muchlinski, Multinational

Enterprises and the Law (Oxford University Press, Oxford, 2007)
21.Andreas Lowenfeld, International Economic Law (Oxford University Press, 2008)
22.Sharpe Alexander Bailey, Investments, ed. 6th, 2005
23.Dr. Guruswamy, Capital Market, ed.2nd 2009
24.Tadashi Endo, The Indian Securities Market, ed.1st 1998
25.International Investment Protection, Paparinskis Martins, Hart Publishing
26.Sharad Kumar Chaturvedi, Foreign Investment Law and its Impact on Labour, 2007
27.Taxmann, Guide to Foreign Direct Investments In India, 2011
28.R. Krishnan, Handbook on Foreign Collaborations and Investments In India, 2000
29.SEBI Manual
RESOURCE PERSON (TENTATIVE)

Ms Umakant Verotill, Associate Professor of National Law University of
Singapore
Ms Vaneeta Pattnaik, Assistant Professor of Law, NUJS
Mr Somashekhar Sundaresan, Independent Legal Counsel
Mr. Mrityunjay Mayank, Assistant Professor of law, Amity Law School
mmayank@rnc.amity.edu
Dr. Pyla Narayana Rao, Assistant Professor at Indian of Corporate Affairs
Prof (Dr.)Harpreet Kaur, National Law University, Delhi
40
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6337 :Laws on Securities and Financial Market
LLM Sem. 01/Paper-07
COURSE DESCRIPTION:
This course is intended to provide the students with a broad overview of the legal principles
relating to securities and financial markets. It seeks to introduce the fundamentals of a
securities & financial market laws and to provide a working knowledge & skill needed to
analyse practical problems involving the operation & functioning of the securities & financial
market. The course will also examine the current trends in the securities law, especially the
provisions of the SEBI Act, 1992 and the recent amendments to it.
The objectives of the course are:
1. To analyse & impart to the students the basic principles of the Laws on Securities
and Financial Market System.
2. To impart to the students an understanding of the relationship between the various
players is a securities market & the various laws applicable to them.
3. To make the students aware of the regulatory mechanism with respect to securities
& financial market in India, i.e., SEBI & its regulations.
4. At the end of this course, to help the students to have a clear understanding of the
securities & financial market, its functioning, the various regulating bodies in it &
the various laws applicable to it.
TEACHING METHOD:
It is expected that students will come to the class being familiar with all the assigned topics.
The methodology adopted for the course would be the combination of:
 Lecture method
 Case study method
 Problem method
41
MODULE I: OVERVIEW OF FINANCIAL MARKET
Introduction to the Module: The financial sector in India is a vastly regulated sector. Post
liberalization, several regulatory reforms has been initiated by the government to pace up
with the global capital markets. Before we delve into the understanding of such regulations, it
is pertinent to have a conceptual clarity on capital markets and understand the impulses for
access to capital market by participants in the capital market.
1.1 Indian Financial Market – Organizational Structure & Constituents of Financial

System.
1.2 Historical Development & Growth of Financial Market in India
1.3 Constituents of Financial Market and Capital Market
1.4 Capital market vis-à-vis Money Market
1.5 Capital Market and Money Market Instruments: Preference shares, Equity shares,
Non-voting equity shares, Company fixed deposits, Debentures and Bonds, Sweat
Equity, FCCBs, GDRs, ADRs & ECBs, Currency or Money, Treasury Bills, Treasury
bonds, Commercial papers, Participatory notes, Certificate of deposit, Bankers
acceptances
Takeaways:
The students will be able to acquire an understanding of:
1. The need of Capital market regulations
2. Role of Capital market in an economy
3. Identification of the driving factors for success in IPO
No. Of Hours: 12
MODULE II: SECURITIES MARKET INTERMEDIARIES AND REGULATION
Introduction to the Module: This module will delve into an understanding of the relevance
of intermediaries to capital market and provide theoretical insight into the entire spectrum of
activities that relates to market intermediaries. It will highlight the key issues and practices
relating intermediaries in capital market and regulations thereof.
2.1 Primary Dealers, Merchant Bankers, Stock Brokers, Sub – brokers
2.2 Registrar to an Issue & Share Transfer Agent, Bankers to an Issue
42
2.3 Underwriters & Debenture Trustees
2.4 Depositories: Depository System, Depository Participant, Significance & Benefit,

Rights & Obligations.
2.5 Credit Rating & Credit Rating Agencies
Takeaways:
At the end of the module, the learners will be able to:
1. understand the role of intermediaries in development of capital market

2. comprehend the regulatory framework encompassing all intermediary in capital
market.
3. develop an acumen on the governance of capital market intermediaries.
No. Of Hours: 12
MODULE III: VARIOUS MARKET INSTITUTIONS
Introduction to the Module: This module will delve into an understanding of the
significance
of institutional investors in capital market. The functions and purposes of such institutions
will
be analyzed.
3.1 Qualified Institutional Investors
3.2 Mutual Funds: Meaning, Types, Importance, Risks involved, Net Asset Value
3.3 Venture Capital and Alternate Investment Fund
3.4 Private Equity
3.5 Foreign Institutional Investors
Takeaways:
The students will be able to acquire an understanding of investment approaches of the

institutional investors in capital market.
No. Of Hours: 12
43
MODULE IV: PRIMARY MARKET AND SECONDARY MARKET
Introduction to the Module: This module will delve into an understanding of the
significance of primary market. Theoretical insight with respect to relevance of different
avenues to issue new
securities will be made. The module will also cover discussions on analysis of legal
procedures to issue new securities.
4.1 Meaning & Significance of Primary & Secondary Market
4.2 Functions of Primary & Secondary Market
4.3 Methods of floating New Issues
4.4 General Guidelines and Regulatory Aspects for New Issues
4.5 Recognition and Organization of Stock Exchanges in India
4.6 Listing of Securities- Procedure, Rules and Regulations
4.7 Online Trading, BSE-BOLT System, Mobile Trading, ALGO Trading
Takeaways:
The students will be able to:
1. understand the role of primary market.

2. comprehend on legal compliances to participate in primary market.
No. Of Hours: 12
MODULE V:REGULATORS AND REGULATORY FRAMEWORK
Introduction to the Module: This module will impart an understanding on the general
concepts
of secondary markets. The module will enable the learners to see the difference between
primary
and secondary markets and learn about markets for different products. The module will also
discuss on the various economic Indicators and their influence on the secondary markets.
5.1 SEBI: Constitution, Organization, Power, Functions & Registration.
5.2 RBI: Powers & Functions
44
5.3 Securities Appellate Tribunal- Establishment, Jurisdiction and Authority
5.4 Insider Trading: Concept, Regulations and cases.
Takeaways:
The students will be able to
1. understand the role of secondary market.

2. comprehend on legal compliances to participate in secondary market.
No. Of Hours: 12
Case Studies:
1. Flipkat IPO,
2. Ujjivan Small Finance Bank IPO,
3. Mindspace Business Parks IPO
Case Laws
1. Almondz Global Securities Ltd. Vs. SEBI (SAT Appeal No. 275 of 2014)
2. Sahara Asset Management Company P. Ltd. & Ors. Vs. SEBI, Misc. Application No. 188
of 2017 and Appeal No. 428 of 2015
3. Ratnabali Capital Markets Ltd vs SEBI, CASE NO.: Appeal (civil) 4945 of 2007
4. Securities And Exchange Board Of ... vs Alka Synthetics Ltd. And Ors. AIR 1999 Guj
221
TEXT BOOKS
1. Taxxman’s Capital Markets & Securities Laws
2. Capital Market and Financial System in India by Asheesh Pandey
3. M.Y. Khan: Indian Financial Systems; Tata McGraw Hill, 4/12, Asaf Ali Road, New
Delhi – 110 002.
45
REFERENCE BOOKS:
1. Guide to Financial Markets (6th edition) The Economist by Marc Levinson
2. E. Gordon, Capital Market in India; Himalaya Publishing House, Ramdoot, K. Natarajan
Dr. Bhalerao Marg, Girgaon, Mumbai
3. Sanjeev Aggarwal, Guide to Indian Capital Market; Bharat Law House, 22, Tarun
Enclave, Pitampura, New Delhi
4. V.L. Iyer, SEBI Practice Manual; Taxman Allied Service (P) Ltd., 59/32, New Rohtak
Road, New Delhi
5. M.Y. Khan, Indian Financial Systems; Tata McGraw Hill, 4/12, Asaf Ali Road, New
Delhi
RESEARCHED ARTICLES REFERENCE:
1. Bose, S. (2005). Securities market regulations: lessons from US and Indian
experience. The ICRA Bulletin, Money & Finance, 2(20-21).
2. Kashyap, A. K. (Ed.). (2016). Financial Market Regulations and Legal Challenges in
South Asia. IGI Global.
3. Ocampo, J. A., Spiegel, S., & Stiglitz, J. E. (2008). Capital market liberalization and
development. Capital Market Liberalization and Development, 3(78), 1-47.
4. Daouk, H., Lee, C. M., & Ng, D. (2006). Capital market governance: How do security
laws affect market performance?. Journal of Corporate Finance, 12(3), 560-593.
Books For Advanced Reading: (Texts Books, Articles and Commentaries)
1. S. Suryanarayanan, SEBI – Law, Practice & Procedure; Commercial Law Publishers
(India) V. Varadarajan Pvt. Ltd., 151, Rajindra Market, Opp. Tis Hazari Court, Delhi
2. L.M. Bhole, Financial Institutions and Markets: Structure, Growth and Innovation, Tata
46
McGraw Hill Publishing Company Limited, New Delhi, 2009
3. Bharati. V. Pathak, Indian Financial System, Pearson Education in South Asia Publishing
Company, New Delhi, 2006
4. V.A Avadhani, Financial Economics: Theory and Practice, Financial Economics: Theory
and Practice
5. H.J. Johnson, Financial Institutions and Markets, Tata McGraw Hill Publishing
Company Limited, NY,1993
LIST OF RESOURCE PERSON
1. Mr. Abhiraj Arora, Associate Partner, Economic Laws Practice
Email: abhirajarora@elp-in.com
2. Mr. Soumya Mohapatra, Partner, Khaitan & Co.
Email. soumya.mohapatra@khaitanco.com
3. Prof. (Dr.) Indrajit Dube, IIT Kharagpur
Email: indrajitdube@gmail.com
4. Prof. (Dr.) Umakant Varotill, National University of Singapore
Email: v.umakanth@nus.edu.sg
5. Mr. Sudish Sharma, Lakshmikumaran & Sridharan Associates,
Email: sudish.sharma@lakshmisri.com
6. Mr. Manan Lahoty, Induslaw
Email: manan.lahoty@induslaw.com
7. Prof. (Dr.) Vikramaditya Khanna, Michigan Law School
Email: vskhanna@umich.edu
47
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW-6441:Criminology and Criminal Justice Administration
Course Description:
CRIMINOLOGY is the scientific study of crime, which encompasses within itself the study
of law making, law breaking and response to law breaking according to Sutherland. Through
this course an effort has been made to enlighten the masters level students as to what is crime,
when is an act or omission criminalized, what are the theories of crime causation, what are
the possible causes for criminal behavior and the role played by the criminal law and the
criminal justice system. Also, students will be given an overview of emerging forms of
crimes and the challenges in the criminal Justice administration.
Learning Objectives
Inculcating a sense of criticality in the mind of students as to why any human behavior is an
offence, its causative agents and the degree of the offence that is caused. In this process of
study, the students will learn –
1) To analyze the various attributes of crime and the process for criminalization of acts;
2) To enable the students to review the etiology of crime and deviant behavior,
3) To enable the students to evaluate the roles and functions of the various stake holders
of the Criminal Justice System.
4) To enable the students to critically evaluate various individualistic and sociological
explanations of crime causation.
5) To enable the students to understand emerging trends of contemporary crimes in
culture conflict and economic integration.
Teaching Learning Method:

To hone the maximum value assimilation of the subject, the teaching learning process
includes – (1) ‘mixed hybrid of group discussion’, (2) Case-Studies, (3) Case-Law Analysis,
(4) Research Problem Formulation, (5) Survey of Contemporary Research Material (6)
Lecture and Special Lectures with clinical data.
48
COURSE CONTENT:
MODULE – 1:
Nature and Scope of Criminology
The focus of the module is to conceptualize the nature and scope of the discipline of
‘Criminology’ as an emerging social science and its interdisciplinarity.
1.1.Criminology: Definition and Scope; Criminology and other disciplines; Criminal
Justice Administration. Structure of Criminal Justice System in India; Crime
Prevention
1.2.Perspective of Crime and Criminal – Sin, Wrong, deviance and Crime – Changing
concept of crime in varying social formations – Crime viewed through consensus or
conflict perspectives
1.3.Classification of Crimes- Conventional (Offences under IPC and SLLs)
1.4.Non-conventional Crimes (Money Laundering, Human Trafficking, Technology and
Crime, Environment Crimes)
Theory- Criminology and interdisciplinary aspects, Nuances of crime, deviance and offences,
Aspects of criminalization and decriminalization, Ambit of Criminal Justice administration
Course Takeaway- The student will understand the nuances of criminological methods of
thinking and its ambit. The student will be able to analyse the criminalistics as supportive
study to criminal law postulations.
No. of Hours- 10
MODULE - 2
Role of Stakeholders in Criminal Justice Administration System: Criminal Law being an
act of public wring, the State takes charge of justice administration. It is all about black-
letter law, structured and codified system of functions. The role play of each of the
functionary is vital to the understanding to the control measures.
2.1. Structural Dynamics of Criminal Justice Administration -Accusatorial and
Inquisitorial Systems of Criminal Justice System.
2.2. Role of the Stake holders of Criminal Justice System
(i) Police.
(ii) Prosecution.
(iii) Courts.
(iv) Correctional system.
2.3. Interrelationship between the different stakeholders.
49
Theory- Public administrative policy & Procedures, Adversarial and inquisitorial
processes and the roles and interrelationships between the various stakeholders.
Course Takeaway-The student will be able to critically examine the role play and societal
reaction to such crime control system.
No. of Hours- 8
MODULE - 3
Individualistic Perspectives of Crime Causation:The mind-boggling question as to what
causes an individual to commit crime. The explorations into the seeds of crime causation
from classical to psychological theories is encapsulated in this module.
3.1.Free will proposition of Beccaria and Criminal as a Hedonist.
(i) Classical and Neo-classical theories
3.2.Physical trait- Darwinian leap:
(i) Physical & structural relation
(ii) Lombrosian analysis
(iii)Biological explanations of crime causation
3.3.Psychological trait:
(i) Psychoanalytical perspective,
(ii) Id Ego conflict, Super-Ego, Anxiety and Defence mechanism
(iii)Behavior, Personality, Intelligence and crime.
Theory- Classical School, Positivist school, Psychological theories
Course Takeaway-The student will be able to reflect on causative factors and identify the
individual dimension of attributive labels of crime and deviance.
No. of Hours- 15
MODULE - 4
Sociological Underpinnings in Explaining Crime Causation: An individual is manifests
his/her sociological environment. Crime is a social reality. Criminologists advanced various
approaches to crime- cause modulated by the society.
4.1.Culture Conflict Theory Chicago School of Crime – Ecology of Crime – Social

Disorganization,
50
4.2.Social Structure and Anomie theory – Emile Durkhiem, Social Strain Theories:
Culture conflict and Sub-culture theory. Robert K Merton.
4.3.Social Learning Theories: Theory of Imitation, Differential Association Theory,
and Differential opportunity theory.
4.4.Control Theories- Reiss, Nye and Quinney Containment Theory – Reckless
Theory- Social interactive and social process theories, Conflict and Feminist Criminological
perspectives.
Course Takeaway- The student will be able to undertake scientific analysis, and study the
sociological dimensions of crime causation.
No. of Hours- 15
MODULE - 5
Social Processes Theories in Explaining Criminal Behavior: Many theorists have put forth
how crime causation can be explained through social processes. Social processes are ways in
which individuals and groups interact and establish social relationships, through various
forms of social interaction such as cooperation, conflict, competition and accommodation.
5.1 Labelling Theory – Edwin Lemert and Beeker . Shame and Re-integrative Theory –
Braithwite. Rational Choice Theory – Cornis & Clarke,
5.2 Routine Activity Theory – Cohen & Felson.
5.3 Conflict, Radical and Critical Approaches of Criminology – Richard Quinney. Critical
Criminology – Tailor, Walton and Young.
5.4 Feminist Criminology
Theory- Labelling theory, Routine Activity Theory, Conflict Criminology, Feminist

Criminology
Course Takeaway- The student will be able to undertake scientific analysis into crime
causation through various social processes.
No. of Hours- 12
Leading Cases/ Case Study:

1. Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
2. Delhi Domestic Working Women'S Forum v. Union of India and Others (1995) 1
SCC 14
51
3. D.K. Basu v. State of West Bengal (AIR 1997 SC 610)
4. State of Gujarat v. Kishanbhai, (2014) 5 SCC 108
5. Bishnu Deo Shaw v. State Of West Bengal (1979) 3 SCC 714
6. Sunder Alias Sundararajan v. State By Inspector Of Police (2013) 3 SCC 215
7. Govindaswamy v. State of Kerala, 2016 SCC OnLine SC 939 decided on 15.09.2016
Text Books:
1. Principles of Criminology, Edwin H Sutherland et al, 2020
2. Criminology, Stephen Jones, Seventh Edition, OUP, 2021
3. Lilly, R., Cullen, F., and Ball, R., Chapter 5 (‘The irony of state intervention:
labelling theory’) in Criminological Theory: Context and Consequences (2002)
London: Sage.
4. Vold, G., Bernard, T., and Snipes, J., Theoretical Criminology (2002) Oxford: Oxford
University Press.
Referred and Advanced Reading (Reference Books & Articles):
1. Beccaria, C. ([1764] 1963) On Crimes and Punishments. Indianapolis: Bobbs-

Merrill.
2. Bentham, J. (1791) Collected Works of Jeremy Bentham. London: J. Bowring.
Clarke, R.V.G. and Cornish, D.B. (1986) the Reasoning Criminal: Rational Choice
Perspectives on Offending. New York: Springer Verlag.
3. Lanier, M. and Henry, S., Chapter 4 (‘Classical, Neoclassical and Rational Choice
Theories’) in Essential Criminology (1998). Boulder, CO: Westview Press.
4. Gennaro F. Vito, Jeffrey R. Maahs, Ronald M. Holmes in Criminology: Theory, Research,
and Policy
5. Binder, Arnold. "Criminology: Discipline or Interdiscipline?" Issues in Integrative
Studies 5 (1987): 41-67.http://hdl.handle.net/10323/4025
6. Matsueda, R.L. and Lanfear, C.C. (2021). Differential Association Theory. In The
Blackwell Encyclopedia of Sociology, G. Ritzer
(Ed.). https://doi.org/10.1002/9781405165518.wbeos1636
7. Reis, A.J. (1951) ‘Delinquency as a failure of personal and social controls’. American
Sociological Review, 16: 196–207.
52
8. Penology and Criminology, under subject Criminology, paper titled Fundamentals of
Crime, Criminal Law and Criminal Justice for EPG pathshala, MHRD sponsored
project available at https://epgp.inflibnet.ac.in/ahl.php?csrno=1608
9. Structure of Criminal Justice system and its role, under subject Criminology, paper
titled Fundamentals of Crime, Criminal Law and Criminal Justice for EPG pathshala,
MHRD sponsored project available at https://epgp.inflibnet.ac.in/ahl.php?csrno=1608
10. Interrelationship between the Agencies of Criminal Justice System, under subject
Criminology, paper titled Fundamentals of Crime, Criminal Law And CriminalJustice
for EPG pathshala, MHRD sponsored project available at
https://epgp.inflibnet.ac.in/ahl.php?csrno=1608
Resource Persons for Special Lectures
1. International
i. Prof. Lieven Pauwels, Professor of Criminology

Ghent University- Faculty of Law and Criminology
Department of Criminology, Criminal Law and Social Law
Director - Institute for International Research on Criminal Policy (IRCP)
Campus Aula, Universiteitstraat 4, B-9000 Ghent, Belgium
Email: Lieven.Pauwels@ugent.be
ii. Bernd-Dieter Meier, Director of the Criminal Justice Institute, University of

Hannover, Germany, chair for criminal law, criminal procedure law and criminology.
Email: meier@jura.uni-hannover.de
iii. Prof. Laurie Lavensen, Professor of Law, Loyola Law School, Los Angeles, California
Email- laurie.levenson@lls.edu
iv. Prof. dr. Dr. Majone Steketee
Scientific director, Verwey-Jonker Instituut, The Randstad, Netherlands

Email- msteketee@verwey-jonker.nl
53
2. National
i.Prof Arvind Tiwari, Professor ,TISS Mumbai campus
Dean - School of Law, Rights and Constitutional Governance

Chairperson - Centre for Police Studies and Public Security, School of Law, Rights and
Constitutional Governance
Email: tiwari_a@tiss.edu
ii. Prof. Bula Bhadra professor, dept. of sociology at Calcutta university
Kolkata, West Bengal, India
Email- bula_bhadra@yahoo.co.in
iii. Professor (Dr.) Gangotri Chakraborty Designation: Professor and Head Department
of Law, University of North Bengal
email- gangotrichakraborty@gmail.com
iv. Prof. Dipa Dube. Professor Rajiv Gandhi School of Intellectual Property Law.
Email: dipadube@rgsoipl.iitkgp.ac.in
54
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW6443: Sentences and Sentencing
Course Description:
IS SENTENCING about punishing the criminal or reclaiming a criminal back into the
mainstream? This paper deals with various aspects of sentencing right from evolution of
penal policy, to development of sentencing policy across various jurisdictions and how
judicial discretion remains to be the key issue in sentencing even now. What aggravating and
mitigating factors pervade the mind of a sentencing judge in addition to consideration of
constitutional and procedural aspects and rights of victims? In furtherance to all of the above,
we shall also look into the correctional aspects, both intra-mural and extra mural sentencing
practices.
This course is designed with the prime object to familiarize students with the principles and
types of sentencing in criminal law. In this process of study, the students will learn to–
1. Examine the historical development, the theoretical underpinnings that has

pervaded system of sentencing and the various types of Sentencing;
2. Analyse the different rationales of Punishment.
3. Analyze the impact of judicial discretion in sentencing and the aggravating and
mitigating factors that affect sentencing to enable students to write research
papers.
4. Analyse the efficacy of the sentencing of imprisonment and death penalty and the
justifications for the same.
5. Evaluate the extra mural and therapeutic perspectives of sentencing practices.

includes – (1) ‘mixed hybrid of group discussion’, (2) Case-Studies, (3) Case-Law Analysis,
55
(4) Research Problem Formulation, (5) Survey of Contemporary Research Material (6)
Lecture and Special Lectures with clinical data.
COURSE CONTENT:
MODULE – 1:
Conceptualizing Sentences and Sentencing: The penal policy is individualized to suit the
criminal. Analysis of the sentencing practice helps in identifying the sentencing policy.
1.1.Penology – definition, nature and scope of sentences and Sentencing.
1.2.Types of Sentences- Punishment-in ancient, medieval and modern times, Punishment
under section 53 Indian Penal Code- 1860- Types of punishments
1.3.Evolution of Penal System -Development of various prison systems – Penitentiary
Movement, Pennsylvania, Auburn system. Evolution and development of Prison
system in India.
1.4.History and evolution of Prison legislations – Prison Manuals and rules. Various
Prison Reforms Committees and Commissions.
1.5.Sentencing – Principles, Policies and Procedures.
Theory- Nature and scope of Penology, Types of punishment, evolution of penal reforms,
Scope of penal policies and sentencing policies.
Course Takeaway- The students learn about the evolutionary process of penal reforms and
identify the process of transition of penal policy into sentencing policy.
No. of Hours- 15
MODULE - 2
Rationales of Punishment: When a person is punished by use of the coercive power of the
state, that must flow from rationales that may justify such intervention. The various theories
of punishment present such justifications.
1. Non-Consequentialist Approaches-Retribution and jus deserts philosophies
2. Consequentialist approaches –Utility model of Deterrence, Incapacitation
3. Evolution of Correctional Philosophy – Medical Model/ Rehabilitation Model
4. Denunciation and Reparation by the Offender
Theory- Utility and jus deserts models of punishments, Theories of Rehabilitations and
denunciation
Course Takeaway- The students learn about the basic approaches in framing the penal
policies on the basis of the various theories of punishment put forth.
No. of Hours- 15
56
MODULE – 3
Intra-Mural Sentencing Processes: The intra-mural sentencing is individualized and must
be justified. The role of the sentencing judge becomes paramount and analysis of the factors
that come into play form the crux of the sentencing policy.
1. Sentencing Practices- Judicial Discretion in imposing punishments of death sentence,
life-terms, imprisonment and fines
2. Aggravation and Mitigation in theory
3. Capital Punishment-Application of Rarest of Rare principle
4. Sentencing Guidelines
Theory- Determinants of Sentencing Practices, Death penalty and rarest of rare principles,
Scope of sentencing guidelines
Course Takeaway- The students will be able to focus on individualization of sentencing and
through cases analysis will be able to determine the different factors based on which the
sentencing judge pronounces the sentence.
No. of Hours- 10
MODULE – 4
Extra-mural Sentencing- Therapeutic Approaches of Punishment: The coercive nature of
intra-mural sentences and soaring prison population necessitated the alternative modes of
extra-mural sentencing practices.
1. Probation: Concept, Scope and Historical development of probation in India.
Probation of Offender Act.
2. Parole: Concept, meaning, scope, procedure and purpose.
3. Community Services, Aftercare and rehabilitation of released offenders
Theory- Nature and scope of probation, parole and other alternative sentencing practices.
Course Takeaway- The students learn about the various modes of alternative therapeutic
approaches of sentences and will be able to analyse the efficiency dimension of the same.
No. of Hours- 10
MODULE – 5
Contemporary Approaches in Sentencing: Certain approaches that have an impact on the
sentencing process and is aligned towards CJ administrative efficiency through plea-
bargaining or a justice oriented model for the victim or offender are being practiced by
different jurisdictions.
57
1. Restorative Justice- Victim-offender Mediation.
2. Impact of Plea Bargaining on sentences
3. Restitution through Compensation
Theory- Scope of Restorative justice system, plea- bargaining and compensatory

jurisprudence.
Course Takeaway- The students will be able to analyze the significance of contemporary
approaches like Restorative justice system, plea- bargaining and victim compensation that
focus of restorative models both for the offender as well as victims.
No. of Hours- 10

1. Bachan Singh vs State of Punjab (1980) (2 SCC 684).
2. Machchi Singh v. State of Punjab AIR 1983 SC 957
3. Santosh Kumar Bariyar vs State of Maharashtra (2009) (6 SCC 498)
4. Gopal Vinayak Godse v. State of Maharashtra AIR 1961 SC 600, Ashok Kumar vs.
Union of India (1991) 3 SCC 498.
5. Dhananjoy Chatterjee @ Dhana Vs State of West Bengal (1994) 2 SCC 220. 27
6. Mohd. Ajmal Amir Kasab v. State of Maharashtra, (2012) 9 SCC 1
7. Govindaswamy v. State of Kerala, 2016 SCC OnLine SC 939 decided on 15.09.2016.
8. K.P. Singh vs State (NCT of. Delhi) (2015) 15 SCC 497
9. Shabnam v. State of U.P., 2015 SCC OnLine SC 492
10. Chhannu Lal Verma v State of Chattisgargh 2018 SCC OnLine SC 2570
Text Books
1. Gour, Hari Singh, Penal Law of India, (2009), 11th ed., Law Pub. (India) Pvt. Ltd., p.
2365.
2. Hart, H.L.A., (1968), Punishment and Responsibility: Essays in the Philosophy of
Law, Pp.4-5.
3. ANDREW ASHWORTH, SENTENCING AND CRIMINAL JUSTICE, 4th Ed. Cambridge
University Press, New York, (2005)
58
Books:
1. Foucalt, Micheal, (1977), Discipline and Punish: The Birth of the Prison,P.3-16
2. Andrew von Hirsch (1986), Past or Future Crimes: Deservedness and Dangerousness
in the Sentencing of Criminals. Manchester: Manchester University Press.
3. Andrew von Hirsch and Andrew Ashworth (eds) (1998), Principled Sentencing.
Oxford: Hart Publishing.
4. Von Hirsch and Ashworth, Proportionate Sentencing: Exploring the Principles (2005)
5. Anthony Bottoms, Loraine Gelsthorpe and Sue Rex (2001), Community Penalties:
Change and Challenges. Cullompton, Devon: Willan Publishing.
6. Arthur Wint and Duane Ruth-Heffelbower (1999), “Are Restorative Justice Processes
Too Lenient Toward Offenders?” (pp. 167-85), in John Fuller and Eric Hickey (eds),
Controversial Issues in Criminology. Boston: Allyn & Bacon.
7. Beccaria, C.,(1986), On Crimes and Punishments, D. Young Trans., Indianapolis,
P.23.
8. Feinberg, Joel, (1970), Doing and Deserving: Essays in the Theory of Responsibility,
P. 95.
9. Fletcher, George P.,(1998), Basic Concepts of Criminal Law, Oxford University
Press, New York,P.33
Articles:
1. Fletcher,George P. ,( 2007) ,The Grammar of Criminal Law: American, Comparative,

International (manuscript on file with the Cardozo Law Review), P.327
2. Marc L. Miller, A Map of Sentencing and a Compass for Judges: Sentencing
Information Systems Transparency, and the Next Generation Reform,COLUMBIA LAW
REVIEW, Vol. 105, No. 4, May 2005
3. Susan R. Klein and Jordan M. Steiker, The Search for Equality in Criminal
Sentencing, CHICAGO JOURNALS: THE SUPREME COURT REVIEW, Vol. 2002, 2002
4. Joanna M. Shepherd, Police Prosecutors, Criminals, and Determinate Sentencing:
The Truth about Truth-in-Sentencing Laws, JOURNAL OF LAW AND ECONOMICS, Vol.
45, No. 2, October 2002
5. David Bjerk, Making The Crime fit the Penalty: The Role of Prosecutorial Discretion
under Mandatory Minimum Sentencing, JOURNAL OF LAW AND ECONOMICS, Vol.48,
No. 2, October 2005
6. Alexander, Julican P., The Philosophy of Punishment, v.13 The Journal of Criminal
Law, Criminology and Police Science (1922-23).
7. Binder Guyora, Punishment Theory: Moral or Political, 5 Buffalo Criminal Law
Review (2002).
8. Corrado Michael L., The Abolition of Punishment, 35 Suffolk University Law
Review (2001).
59
9. Fletcher,George P. ,( 2007) ,The Grammar of Criminal Law: American, Comparative,
International (manuscript on file with the Cardozo Law Review), P.327
10. Guyora Binder, (2002), Punishment Theory: Moral or Political?, Buffalo Criminal
Law Review.
Resource Persons for Special Lectures
1. International
i. Prof. Lieven Pauwels, Professor of Criminology
Ghent University- Faculty of Law and Criminology
Department of Criminology, Criminal Law and Social Law
Director - Institute for International Research on Criminal Policy (IRCP)
Campus Aula, Universiteitstraat 4, B-9000 Ghent, Belgium
Email: Lieven.Pauwels@ugent.be
ii. Bernd-Dieter Meier, Director of the Criminal Justice Institute, University of

Hannover, Germany, chair for criminal law, criminal procedure law and criminology.
Email: meier@jura.uni-hannover.de
2. National
i. Prof. B.B. Pande, Research Professor of Law and Distinguished Scholar in Criminal
Law & Criminal Justice, Former Professor, Dept. of Law, Delhi University
Email- bbpande@gmail.com
ii. Prof Arvind Tiwari, Professor ,TISS Mumbai campus

Dean - School of Law, Rights and Constitutional Governance
Chairperson - Centre for Police Studies and Public Security, School of Law, Rights and
Constitutional Governance
Email: tiwari_a@tiss.edu
iii. R. Venkata Rao is the former Vice Chancellor of the National Law School of India
University, Bangalore
Email- profrao@yahoo.com
iv. Prof. K. I. Vibhute

Director, Amity Law School
Email- kvibhute@mum.amity.edu
v. Prof. PrabirPattnaik
Professor, SOA National Institute of Law,
SOA deemed to be University
Bhubaneswar
Email- profpkpattnaik@gmail.com
60
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6649: Fundamental rights and Directive principles
COURSE DESCRIPTION: The central thrust of this course on Constitutional Law-I is to

understand the responses to socio-economic demands made upon the Constitutional order
in a developing Indian society since independence by exploring the Fundamental Rights,
Directive Principles of State Policy and Fundamental Duties enshrined in the Constitution
of India. It begins with the fundamentals of constitutionalism and traces the historical
retrospection of the Indian Constitution. The course also highlights the various
Constitutional goals by touching upon its Preamble. It analyses the concepts of State and
State Action, the new dimensions of the right to equality, affirmative actions by State,
fundamental freedoms in the information age, the right to life and personal liberty and its
expanding contour, rights of detenus, right to religion and the special rights of minorities.
This course enables students to:
1. To make the students understand about the concept of right and to know about
the evolution of Human Right.
2. The students will be able to analyse the provisions of Universal Declaration of
Human Rights and its implementation through the part three of our Indian
Constitution.
3. To student will know about the Directive principles of State Policy and its
relationship with the Fundamental Rights.
4. The students will able to analyse various rights and will also be made aware
about the Constitutional remedies if their rights gets violated.
5. The student will become prudent to move the Court through Public Interest
Litigation, when the rights of general public gets affected.
61
TEACHING METHOD:
The teaching methodology that shall be adopted for this paper will be a combination of
1. Lecture method
2. Debates
3. Class Discussion
4. Research.
5. Case Studies
Module I: Philosophy and History of Fundamental Rights- Fundamental Rights as

against state action : The module seeks to understand the nature scope and development of
Fundamental rights. It starts with the concept of rights in general and covers directive
principles, state action.
1.1 Evolution of rights – natural rights, legal rights, and human rights(Theory)
1.2 Impacts of UDHR, International Covenant and and Constitutions of other countries on
FR.(Theory)
1.3 Nature of Fundamental Rights- limitation on the power of the state
inalienable rights- no waiver- not absolute (Theory)
1.4 Relationship between Directive Principles and Fundamental Rights (Theory)
1.5 What is State Action? Article 12 -Restrictions on state action and consequences there
of- Doctrine of Eclipse- Doctrine of Severability Article 13 (Skill component)
Course Takeaway:
On completion of this module, students should be able to:
 Critically analyze the concept of fundamental rights
 Understand and analyze the various contours of fundamental rights with regard to
directive principles and state action.
Number of Hours: 14 hours
62
Module 2: Right to Equality (Article 14-18)
The module enables students to understand the concept of right to equality and its
applications in several cases.
2.1 Equality before Law and equal protection of laws- Doctrine of Arbitariness,
Doctrine of Classification and Wednesbury Principle.
2.2 Prohibition of discrimination
2.3 Equality of opportunity
2.4 Untouchability
2.5 Drafting and arranging cases on right to equality.
Course Takeaway:
At the end of this course, students will be able to:
 Understand the underlying philosophy of right to equality
 Appreciate the development of equality of law and equal protection of laws i.e. the basic
facets of equality.
Number of Hours: 12 hrs
Module 3: Right to Freedom (Articles 19-22)
This module seeks to understand how right to freedom is conceptualized within the
Constitutional fold.
3.1 Speech expression- movement-residence-association-trade profession
3.2 Rights of accused- Double jeopardy- Protection against self- incrimination and doctrine
of post facto law.
3.3 Protection of life and personal liberty
3.4 Right to education
3.5 Protection against arrest and detention in certain cases - Case studies
63
Course Takeaway:
 To critically appreciate the development and scope of right to freedom in protection

and promotion of rights.
 To understand the advent of judicial activism in advancing article 21.
Module 4: Right against exploitation- Right to freedom of religion- Minority Rights

(Article 23-31)
The course seeks to understand the scope of educational , cultural and social right by in
context of various socio-legal issues prevailing in society.
4.1 Human trafficking and forced labour
4.2 Child labour
4.3 Right to profess, practice and propagate religion
4.4 Freedom to manage religious affairs
4.5 Protection of interest of minorities
4.6 Right to establish and establish educational institution
Course Takeaway:
 To understand the changing dynamics social, educational and cultural rights and their
role in preserving and protection of fundamental rights.
Module 5: Right to Constitutional Remedies (Article 32)
This module seeks to understand and analyze the constitutional remedies which are
available for breach of fundamental rights. It also expands upon the development of
public interest litigation.
5.1 Nature of Writs- Development of the concept in India and other countries.
5.2 Development of writs
5.3 Evolution of PIL-Nature of PIL
64
Course Takeaway:
To critically assess the role of constitutional remedies in protection, preservation and
promotion of fundamental rights
To understand the role of judiciary in upholding fundamental rights.
CASE REFERENCES:
1. Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461).

2. Minerva Mills Ltd v. Union of India (AIR 1980 SC 1789).
3. A.D.M Jabalpur v. Shivakant Shukla (AIR 1976 SC 1207).
4. Electricity Board Rajasthan v. Mohanlal (AIR 1967 SC 1857)
5. Sukhdev Singh v. Bhagatram (AIR 1975 SC 1331)
6. R.D. Shetty v. International Airports Authority (AIR 1979 SC 1628).
7. State of West Bengal v. Anwar Ali Sarkar (AIR 1952 SC 75)
8. State of Madras v. Smt. Champakam Dorairajan (AIR 1951 SC 226).
9. M.R.Balaji v. State of Mysore (AIR 1963 SC 649).
10. State of A.P. v. U.S.V. Balram (AIR 1972 SC 1375).
11. Bennett and Coleman & Co v. Union of India (AIR 1973 SC 106).
12. Sakal Paper v. Union Of India; (AIR 1962 SC 305)
13. Nandini Satpathy vs Dani (P.L.) And Anr 1978 SCR (3) 608
14. Selvi & Ors vs State Of Karnataka & Anr Criminal Appeal No. 1267 of 2004
15. A.K. Gopalan v. State of Madras: AIR 1950 SC 27
16. Maneka Gandhi v. Union of India: AIR 1978 SC 597
17. People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473
18. Bandhua Mukti Morcha Vs. Union of India AIR 1984 SC 802
19. St Xaviers college vs. State of Gujarat AIR 1974 SC 1389
20. TMA Pai Foundation Vs. State of Karnataka AIR 2003 SC 355
21. Ramesh Thappar v. State of Madras (AIR 1950 SC 124).
22. State of Madras v. V.G. Row (AIR 1952 SC 196).
23. State of Madras v. Smt. Champakam Dorairajan (AIR 1951 SC 226).
24. Ramlila Maidan Incident, re, (2012) 5 SCC 1.
25. Makhan Singh Tariskka v. State of Punjab, (1964) 4 SCR 797
TEXT BOOKS
1. Jain, M.P. Indian Constitutional Law, (7th ed.), LexisNexis, 2016.
2. Austin, Granville The Indian Constitution: Cornerstone of a Nation, New

Delhi,Oxford University Press.
3. Basu, D.D.Comparative Constitutional Law, (3rded.), LexisNexis, 2014.
65
REFERENCE BOOKS
1. Shukla, V.N. Constitution of India, Eastern Book Agency, 2014
2. Seervai , H.M. Constitutional Law of India, Universal Law Publishing Co Ltd
3. Bakshi, P.M. Constitution of India, (17th ed.), LexisNexis, 2020.
RESEARCHED ARTICLES
1. Bhat, Ishwara Fundamental Rights, A Study of their Interrelationship, Kolkata,
New Delhi, Eastern Law House, 2004.
2. Dicey, A.V. An Introduction to the Study of the Law of Constitution (9th ed.),
Delhi, Universal Law Publishing Co. Ltd.
3. Keith, A.B. A Constitutional History of India, Allahabad, Central Book Depot.
4. Pal, Samaraditya India’sConstitution Origins and Evolution, LexisNexis, Vol.
1, 2, 3, 4 & 5, 2014.
5. Seervai, H.M. Constitutional Law of India: A Critical Commentary, Vol. I;
Chapter 4, Delhi, Universal Law Publishing Co. Ltd.
6. Shiva Rao, B. The Framing of India’s Constitution, (Vol. 2 & 5), Delhi,
Universal Law Publishing Co. Ltd.
7. Singh, M.P. Outlines of Indian Legal & Constitutional History, New Delhi,
Universal Publishing Co.
8. Kumar Karthikeya’s Article 12 Meaning, Scope and Emerging Judicial Trends.
Eastern Book Company 2020
Suggested Resource persons:
Serial National Resource Persons

No
1 Dr IP Massey
Dean, NLU, Jodhpur
2 Dr M.P Singh
Professor, Jindal Global Law School
3 Dr. Aparna Chandra
Associate Professor of Law
Serial International Resource Person

No
1 Dara E. Purvis
Associate Professor of Law
Columbia Law School
66
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6651: Centre-State Relations and Constitutional Governance in India
(Sem. 01/Paper-11)
COURSE DESCRIPTION: 60 Words
The course is designed to provide students with an introduction to essential aspects of

federalism, so as to equip them with an understanding of the institutional structure of laws
relating to centre and state, the basic skills necessary to access, understand and use law, in
developing legitimate and effectiveness of Centre-State Relations and Constitutional
Governance in India.
 To understand the scope and significance of federalism.

 To describe the different types of Centre-State relations.
 To Examine the contributions of various stakeholders in Centre-state relations
 To understand the political, financial and legal challenges in the Centre-State
relations.
 To analyse the cycle of Indian federalism.
 To make the students well-versed with the veracity of Centre-State Relations and
Constitutional Governance in India.
67
TEACHING METHOD:
Materials, both in print, as well from the web shall be employed to provide with source
documents, concerning the Centre-State Relations and Constitutional Governance in India.
The classes shall be in the form of presentations/discussions, on the topics included in the
syllabus, in as comprehensible a manner as possible. The students are also required to submit
a brief write-up, on the topic of their presentation/discussion.
MODULE – I: Philosophy and History of Centre-State relations

This Module discusses the changes in Centre-state relations and their impact on Indian
politics using the following periodization: (1) the era of linguistic/cultural differentiation
within a framework of unchallenged unity and integrity of the Indian state (1947-67); (2) the
era of centralization following the challenge from the states (1967-77); (3) an interregnum of
attempts to redress the balance of influence in favor of the Centre (1977-84); and (4) the era
of coalition and co-existence between the Centre and the states (from 1985).
1.1 Evolution of Idea of federalism

1.2 History of Indian Federalism
Course takeaway: To predict the probable legal resolutions of simulated Centre-State

disputes.
Number of hours: 8 hrs
MODULE – II: Structure and Features of Indian Federalism
Federalism is part of the basic structure of the Indian constitution which cannot be altered or
destroyed through constitutional amendments under the constituent powers of the Parliament
without undergoing judicial review by the Supreme Court.
2.1 Distribution of power, Legislative, Executive and Judicial

2.2 Distribution of legislative power
2.3 Power of the parliament to make laws from the state list
Course takeaway: To read, understand and apply centre—state relations to construct

federalism centric opinions.
68
MODULE – III: Conflicts in the Indian Federation
The post-emergency political conflict was between freedom versus order and in 1977 the first
non-Congress Government was elected to power. The Janata Experiment and the political
confusion brought back Congress Government under Mrs. Gandhi which had two splits in
1969 and 1978.
3.1 Legislative conflicts

3.2 Executive conflicts
3.3 Financial conflicts
3.4 Indian Federation in emergent situations
3.5 Other conflicts
Course takeaway: To learn the existing federalism structure that conforms to basic
professional conventions regarding analytic support, organization and style.
MODULE – IV: Issues and Challenges
Indian federalism has become less centralized as a result of popular pressures, the breakdown
of Congress dominance, and the fragmentation of political parties. Economic challenges to
cooperative federalism emerge from market reforms, the search for investments, and the
World Bank structural adjustment plans adopted in selected states. Devolution of economic
decision-making to the states aggravates fiscal crises by facilitating populist political
strategies and accentuating uneven development. Political challenges arise from issues such
as central vs. state control of police and security forces; movements for the creation of new
states; and the implementation of constitutional provisions for village-level governance.
4.1 Water Disputes

4.2 Territory Disputes and formation of new states
4.3 Language issues
4.4 Rise of regional parties
4.5 Controlling Terrorism
4.6 Other challenges
69
Course takeaway: To read, understand and use Centre-state relations and other parallel
mechanisms to solve legal problems or construct law based arguments.
MODULE – V: Comparative Federalism

Comparative Federalism uses a comparative approach to explore the contemporary nature
and meanings of federalism in the context of different countries. Providing both a detailed
theoretical examination and case studies, it clearly identifies the concept of ‘federalism’ that
drives and promotes it.
5.1 Federalism in the United States
5.2 Federalism in the United Kingdom
5.3 Australian federation
5.4 Emerging need of federalism in different countries
Course takeaway: To encompass Centre-state relations carried out in different countries to

construct law based arguments.
Leading Cases/ Case Law Study:
1. Government of NCT of Delhi v UOI case, CIVIL APPEAL NO. 2357 OF 2017
2. State of West Bengal V. Union of India, 1963 AIR 1241
3. Pradeep Jain V. Union of India, 1984 AIR 1420
4. Ganga Ram Moolchandani v. State of Rajasthan, on 17 July, 2001
5. Maneka Gandhi v. Union of India, 1978 AIR 597
6. NDMC v State of Punjab, 19 December, 1996
7. Rameshwar Prasad v Union of India, AIR 2006 SC 980.
8. U.N.R. Rao v Indira Gandhi, AIR 1971 SC 1002.
9. State of Karnataka v Union of India & Another, 1978 SCR (2) 1.
10. Minerva Mills v Union of India, AIR 1980 SC 1789.
70
TEXT BOOKS
 A.V. Dicey, An Introduction to the study of the Law of the Constitution, Tenth
Edition, Universal Publishing Co.2013
 H.M. Seervai, “Constitutional law”, Constitutional Law of India, Universal Law
Publishing Co
 M.P.Jain, Indian Constitutional Law LexisNexis Butterworths Wadhwa Nagpur, 2010
REFERENCE BOOKS:
 V.N. Shukla, Constitution of India, Eastern Book Agency, 2014
 V.D.Sebastian, Legislative Conflicts
 D.D. Basu, Shorter Constitution, 2 volumes
 Udaya Raja Roy, Fundamental Rights and Directive Principles
 B.Shiva Rao, Framing of Indian Constitution
 Constituent Assembly Debates
Researched Articles Reference:
 JOURNAL ARTICLE, Dr. B. R. AMBEDKAR AND MAKING OF THE

CONSTITUTION: A Case Study of Indian Federalism, K. H. CHELUVA RAJU, The
Indian Journal of Political Science, Vol. 52, No. 2 (April - June 1991), pp. 153-164
 JOURNAL ARTICLE, An Approach to Indian Federalism, S. C. Gangal, Political
Science Quarterly, Vol. 77, No. 2 (Jun., 1962), pp. 248-253
 JOURNAL ARTICLE, The Nature of Indian Federalism: A Critique, H. M.
Rajashekara, Asian Survey, Vol. 37, No. 3 (Mar., 1997), pp. 245-253
Books for advanced Reading:
 Foreign Policy, Federalism & International Treaties by G Gopakumar

 Comparative Paradiplomacy, 1st Edition, By Jorge A Schiavon
 Federalism, Secession, and International Recognition Regime: Iraqi Kurdistan, 1st
Edition, Edited By Alex Danilovich
 The Rise of Catalan Independence: Spain’s Territorial Crisis, 1st Edition By Andrew
Dowling
 Principles and Practices of Fiscal Autonomy: Experiences, Debates and Prospects, 1st
Edition By Giancarlo Pola
 Understanding Federalism and Federation, 1st Edition By Alain-G. Gagnon, Soeren
Keil
71
 Resource Persons
1. International
1. Aleksander Grebieniow, The University of Warsaw, Faculty of Law and

Administration, Adjunct since 2016, email id: a.grebieniow@wpia.uw.edu.pl
2. Radosveta Vassileva. She is a legal scholar and social advocate. Short biography: PhD
in Law, University College London (2016); LLM in Economic Law, Sciences Po Paris
(2009); LLM in Global Business Law, Université Paris 1 Panthéon-Sorbonne (2009); BA
in International Relations, Tufts University, USA (2007). Email id:
radosveta.vassileva@ucl.ac.uk
3. Alessandro Palmieri, He is currently an Associate Professor of Comparative Private

Law at the Law Department of the University of Siena (since 2005). tel.:
+390577233986 - fax: +390577233475
2. National
4. Madhavi Goradia Divan, She regularly contributes her thoughts to news forums like
the Indian Express and has written a book titled Facets of Media Law.
5. Priya Hingorani, She has worked on cases involving diverse areas of law such as
taxation, customs and excise, insurance, family and matrimonial law, commercial law,
labour and service law, human rights, and constitutional law.
6. Menaka Guruswamy, She represented the IIT students of the LGBTQIA+ community
in the Navtej Johar case in the SC which led to the partial scrapping of Section 377 of the
Indian Penal Code
7. Aishwarya Bhati, She recently represented the Armed Forces for a petition that
challenged a large number of cases that are filed against soldiers working in areas where
the Armed Forces Special Powers Act is in force. She argued that these men are
prosecuted for performing their duties and should be guaranteed some extent of
immunity from wrongful prosecution.
72
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LLM CORPORATE LAW
LW 6342 COMPETITON LAW
(Sem. 02/Paper-01)
Credits: 04 Total Class Hours: 60 (including tutorials & proctors
COURSE DESCRIPTION
The object of this course is to train the students in competition law practice skills
based on the understanding of economic, legal and procedural issues. The students
will be able to identify anti-competitive agreements, abuse of dominance and
combinations and analyse its effect on Competition in the relevant market.
1. Students will be able to understand the impact of competition on economy

and how the law should respond towards such economic change.
2. This course will make students understand the working of substantive and
procedural provisions of Competition Law in India and its comparative
analysis with other jurisdiction like US.
3. Role of the Regulator is very important in any market driven law, hence the
consideration taken into account by the regulator and the limits of such
consideration will also be the target of the study.
TEACHING METHOD
The teaching in this course is done by way of lectures, seminars and tutorial sessions.
The lecture series is devoted to examination of the relevant statutory and case law
framework and to the discussion of basic legal concepts of competition law in India.
The course will incorporate with understanding of the meaning of competition law
and its practices and procedures in the corporate world. Participation in class
discussion is the primary mode of teaching/learning.
1
Module 1: Introduction to Competition Law
The module aims to make the learner understand the interface between competition
law and economics and to study the historical evolution of competition law.
1.1.Meaning of Market Structure: Perfect Market Structure, Imperfect Market

Structure, Monopoly and anti-trust policy, Monopolistic competition,
Oligopoly
1.2.Interface between Economics and Competition Law and economic concerns of
competition law
1.3.Objectives of Competition Law, History of Competition Law (USA, India)
1.4.Constitutional vision of social justice (Article 39A),
1.5.MRTP Act-Salient features and its amendment in 1991,
1.6.Objectives and Recommendations of Sachar Committee and Raghavan
Committee,
1.7.Competition Act 2002: Main features of Competition Act 2002
COURSE TAKEAWAY: To understand the interface between competition law and

economics, to understand the evolution of competition law in India and USA
Number of Hours: 12
Module 2: Anticompetitive Agreements- (Section 3)
The module deals with vertical and horizontal agreements and their effect on
Competition in the relevant market. Students will learn Cartelization and the effects
doctrine
2.1Appreciable Adverse Effect,

2.2Horizontal and Vertical Agreements,
2.3Effects Doctrine,
2.4Concerted Practices and Parallel Behaviour,
2.4Cartel and Cartelisation,
2.5Bid-Rigging and Collusive Bidding,
2.6Tie-In Arrangements, Exclusive Supply Agreement, Resale Price Maintenance
Agreement.
2
COURSE TAKEAWAY: To understand AAEC in horizontal and vertical
agreements, cartelization and its effect on competition in the market.
Number of Hours: 12
Module 3: Abuse of Dominance (Section 4)
The module aims to deal with discriminatory practices including concept of

dominance and its effect on Competition in the relevant market.
3.1Relevant Market,
3.2Predatory Behaviour,
3.3Predatory Pricing,
3.4Discriminatory Practices.
COURSE TAKEAWAY: To understand abuse of dominance and predatory pricing

and its effect on competition in the market.
Number of Hours: 12
Module 4: Regulation of combination (Section 5)
Any combination in horizontal or vertical market may have an AAEC in the relevant
market. The module aims to deal with merger control regulations of the Competition
act and understand the threshold limits.
4.1Value of Assets,
4.2Turnover,
4.3Acquisition,
4.4Conglomeration,
4.5Joint Venture,
4.6Merger and Amalgamation.
COURSE TAKEAWAY: To understand the effect of merger or acquisition on

competition in the relevant market.
Number of Hours: 12
3
Module 5: Enforcement of Competition
The Competition Commission of India is the regulator and Director General is the
investigative arm of CCI. The module deals with regulatory composition, powers and
duties of competition enforcement agencies.
5.1Competition Commission of India: Establishment and Composition, Duties,
5.2Procedure for Inquiry, Powers, Powers of COMPAT conferred on NCLAT,
5.3Powers and functions of Director General, Inquiry Proceedings,
5.4 Remedies & Penalties,
5.5Leniency Provision.
COURSE TAKEAWAY: To understand the powers and functions of CCI AND DG,
CCI.
Number of Hours: 12
IMPORTANT CASES
1) Brahm Dutt V. UOI Writ Petition (civil) 490 of 2003

2) CCI V Steel Authority of India Ltd. Civil Appeal No. 7779/2010.
3) Amir Khan Productions Pvt Ltd. V. UOI Writ Petition No. 358 Of 2010 Along
With Writ Petition No. 526 Of 2010
4) Builders Association of India V. Cement Manufacturers Case No. 29 of 2010
5) All India Tyres Dealers Federation V. Tyres Manufacturers Case No. 20 of 2008
6) Exclusive Motors Pvt Ltd. V Automobile Lombergini Case No. 52 of 2012
7) Express Industries Council of India v Jet Airways Case No. 30 of 2013
8) Samsher Kataria v. Honda Seil Cars India Ltd, Case no 3 of 2011
9) Cartelization in respect of tender Suo Motto case No. 3 of 2014
10) Cartelization in respect of Zinc Carbon dry cell batteries Suo Motto Case No. 2 of
2016
11) MCX Stock Exchange v. National Stock Exchange, Case No. 13 of 2009
12) Telefonaktiebolaget LM Ericson V. CCI W.P.(C) 464/2014 & CM
Nos.911/2014 & 915/2014
13) Etihad Airways & Jet Airways Combination order Combination Registration No.
C-2013/05/122 dated November 12, 2013
4
14) Walmart and Flipcart Combination order (Combination Registration No. C-
2018/05/571) dated 08th August, 2018
15) PVR & DT Cinemas Combination order (Combination Registration No C -
2015/07/288) Dated 4th May 2016
16) Sun Pharma & Ranbaxy Combination order (Combination Registration No. C-
2014/05/170) Dated: 05.12.2014
TEXT BOOKS
 T. Ramappa, Competition Law in India: Policy, Issues, and Developments,

Oxford India Paperbacks
 Vinod Dhall, Competition Law Today: Concepts, Issues and The Law in
Practice, (2007) Oxford University Press
 Richard Whish, David Bailey, Competition Law, Oxford University Press.
5
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LW 6344: BANKING AND INSURANCE LAW
(SEM. 02/PAPER-02)
Credits: 02 Total Class Hours: 60
(INCLUDING TUTORIALS & PROCTORS)
COURSE DESCRIPTION
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 banking
as well as insurance. The financial and legal dynamic relevant to
functionalities and risk management is part of the study component.
LEARNING OBJECTIVES
 The course has been designed to introduce you to some of the key
concepts, legislation, principles and practices in modern banking regulation.
 The course has been designed to give an understanding of the
relationship between banker and customer and bank's various role to
facilitate and strengthen the economy
 The course has been designed to discuss the functionality and power of
RBI and Prevent such bank failures by prescribing minimum capital
requirements
 The course has been designed to give an understanding of the safeguard
the Interests of Depositors
 The course has been designed to give an understanding of the bank
regulations and supervisory practices that force banks to disclose accurate
information to the public tend to
1) boost the development of the banking system as measured by private
credit relative to Gross Domestic Product;
2) increase the efficiency of inter mediation as measured by lower interest
margins and bank overhead costs; and
3) reduce corruption in lending as measured by survey information from
firms around the world.
 The course has been designed to give an understanding of the basic

understanding of the principles governing the formation of insurance
contracts and to make the students understand how the terms of insurance
contract are classified, the effect of a breach of an insurance contract term
by the insured and of other vitiating factor and remediesthereof.
6
TEACHING LEARNING METHODOLOGY
 LECTUREMETHOD
 CASEANALYSIS
 CLASS-ROOMPARTICIPATION
 PRESENTATION BY STUDENTS IFNEEDED
 GROUP DISCUSSION WHENEVERREQUIRED
 INVITING THE VISITINGFACULTY
 USING POWER POINTPRESENTATION
MODULES -1:
INTRODUCTION:- The first module is devised with the historical background,

banking regulatory system, monetary system and the operation of nation's
currency and credit system, negotiable instrument's role in business and legality
related to it.
THE EVOLUATION OF BANKING SERVICES AND ITS HISTORY
INTRODUCTION
1.1. Origin and development of Indian banks (Pre and PostIndependence)
1.2. Evolution of RBI
1.3. Monetary Policy Committee and Credit ControlPolicy
1.4. Legal regulatory frame work: Important Provision of RBI Act 1935
and the Banking Regulation Act1949
1.5. Contract Between Banker and Customer : Their Rights and Duties
1.6. Negotiable Instruments
7
THEORY AND SKILL COMPONENT TO BE IDENTIFIED:
Taking into consideration the above mentioned, as well as based on the subject
matter of the scientific article, the purpose of the study is to reveal the
theoretical and practical features of theprofessional competences’formation and
development of the scholars
COURSE TAKEAWAY (SHOULD BE RELATED TO ISSUES ANS QUESTIONS):
The banking sector is rapidly transforming for decade and with the help of newly
developed financial instruments and digital banking facility, banking industry is
becoming stronger, transparent, efficient, effective, secured, rapid, disciplined
and a lot more competitive. Indian banking history has an enormous canvass
which covers the practice of traditional banking periodically. Indian Banking
sector grew with time and been through a long and interesting journey.
Presently after much transformation Indian banking system has resorted to rural
banking and micro financing as the two corridors to connect with international
market and compete with global banks.
NUMBER OF HOURS 15
MODULES -2
REGULATION OF BANKS
(Reserve Bank of India Act, 1934 &Banking Regulation Act, 1949)
Banking companies are regulated in India through various laws. The principal
ones among them are The Reserve Bank of India Act, 1934 and The Banking
Regulations Act, 1949. This module will enable a reader to learn about - The
Reserve Bank of India Act, 1934 and its salient features Powers of The Reserve
Bank of India Tools of Monetary policy used by The Reserve Bank of India The
Banking Regulation Act, 1949 and its salient features
2.1RBI: Structure & Functions (Reserve Bank of India Act, 1934)
2.2 Business of Banking
2.3 Protection of Depositors
2.4 Licensing & Inspection
8
2.5 Moratorium & Winding Up
2.6 Bank Mergers
2.7 Banking Ombudsman Scheme
THEORY AND SKIL COMPONENT
To exercises control over Banking companies in different ways. This chapter will
enable a reader to learn in detail about :
• Licensing policy of various banks, Licensing of policy guidelines of branches of

banks
• Paid Capital and Reserves stipulated for different banks , Shareholding in

Banking Companies and its restrictions
• Setting up of Subsidiaries of Banking Companies
• Board of Directors in Banking Companies – Constitution and set-up
• Control over Management, Directors and other officials of banks
• Corporate Governance aspects of banks in India
COURSE TAKEAWAYS
RBI regulates banks in terms of powers it derives from The RBI Act, 1934 and
The Banking Regulation Act, 1949 (‘BR Act’). The RBI Act confers power to RBI in
the matter of managing itself as well as discharging its supervisory duties vis-à-
vis other banks as well as powers to function as Monetary Control Authority. The
BR Act confers vast powers to RBI vis-à-vis banks such as issuing directions to
banks in the area of Deposit Accounts, interest rates, advances, foreign exchange,
CRR/SLR etc. It also regulates credit in India as per the clauses of the BR Act.
Apart from RBI, banks are also regulated by other regulators such as Securities
and Exchange Board of India, Insurance Regulatory and Development Authority
of India, Registrar of Companies etc.
NUMBER OF HOURS: 12 hours
9
MODULE- 3
INTRODUCTION:- The second module is devised to give information regarding

debt recovery process due to banks and financial institutions and how to
regulate securitization and reconstruction of financial assets and enforcement
of security interest and to provide for a central database of security interests
created on property rights. Along with security law this module also
enumerates regarding time-bound process to resolve insolvency. When a
default in repayment occurs, creditors gain control over debtor's assets and
must take decisions to resolve insolvency under IBC, the functionalities, power
and limitation discussed. The digitalization of payment and relevant laws and
flaws also discussed extensively with global perspective. The module is
consisting of foreign currency exchange laws and the connectivity between
trading, currency exchange, global banking system and Basel norms.
RECOVERY OF DEBTS AND GLOBAL SPRECTRUM OF BANKING COLLABORATION
3.1. Debt Recovery Tribunals and SARFAESIA, 2002
3.2. Insolvency and bankruptcy code
3.3. Legal regime of digital banking- types, product, services and law
relating to E-banking/commerce in India.
3.4. History and the development of modern banking
3.5.Financial Stability Board and Basle I-III Agreements

3.6.UK banking regulation – the role of the Bank of England, Prudential
Regulatory
3.7. Foreign Exchange laws and determination rate
THEORY AND SKILL COMPONENT TO BE IDENTIFIED: This second module

discuss about the origin and functionality of Nonperforming assets. According to
the RBI guidelines the classification of NPA and the recovery process is discussed
step by step and the impact in the economy at large. The recovery of all
outstanding loans due to banks and financial institutions and the Tribunal’s
power to try and settle cases for recovery of loans and amounts from NPAs as
classified by the banks under the RBI guidelines is elaborately discussed
10
alongwith facilitating securitization of financial assets of banks and financial
institutions with or without the benefit of underlying securities and promotion of
seamless transferability of financial assets by the ARC to acquire financial assets
of banks and financial institutions through the issuance of debentures or bonds
or any other security as a debenture. This module also covers the laws to
improve and ease the conducting card/digital transactions for an individual and
also reduce the risks. The history and Role of banking for better understanding of
the establishment of banking system and the regulatory system
COURSE TAKEAWAY ( SHOULD BE RELATED TO ISSUES AND QUESTIONS):
This second module is to conceptualize the security law and assess the
economical impact and legal issues relevant to it. The legal safeguard for digital
and cashless payment is a contemporary matter to be dealt with so this module
is skill based learning. There are plenty scope for students to opt and learn and
implement in practical aspect.
NUMBER OF HOURS : 20 hrs
MODULE 4:
GENERAL PRINCIPLES OF INSURANCE LAW

INTRODUCTION:- Third module is crafted to discuss the foundation knowledge
of Insurance laws and principles and classifications, functionality and power of
IRDA.
4.1. Introduction, Insurance Terminology, Nature AndHistory.
4.2. Contract of insurance and principles.
4.3. The Risk – commencement, attachment,assignment.
4.4. Types ofinsurances.
3.5. Role ofIRDA
11
THEORY AND SKILL COMPONENT TO BE IDENTIFIED: Insurance plays a
crucial role in the sustainable growth of an economy. Insurance law enables
mitigation of losses, financial stability and promotes trade and commerce
activities those results into sustainable economic growth and development.
Students are given overall understanding scope, legal structure, functionalities to
grasp the importance of the Insurance law with measure .
THUS, COURSE TAKEAWAY ( SHOULD BE RELATED TO ISSUES AND
QUESTIONS): Market and corporate structure oriented study material and
teaching mechanism. Helps students to understand and incorporate in skill
based practice.
MODULE 5:
RECENT DEVELOPMENTS IN INSURANCE
INTRODUCTION- Last module of the syllabus is to enumerate regarding the
specific type of insurance and legal spectrum. The relation between banking and
insurance policies, the liabilities in an insurance policy, Motor Vehicles Act and
relevant laws also mentioned in this module..
5.1.Life Insurance
5.2. MarineInsurance
5.3. Recent Trends In Banking AndInsurance
5.4. Insurance against third party risks (relevant provisions from Motor
VehiclesAct)
5.5. Personal and LiabilityInsurance.
5.6. Consumer Protection and InsuranceServices.
5.7 Group life insurance med-claimpolicy
12
THEORY AND SKILL COMPONENT TO BE IDENTIFIED: The relevance between
banking industry and insurance industry and the legal disputes relevant to it.
Third party risk management for litigation purpose, policy making everything is
clearly inllustrated to students.
COURSE TAKEAWAY ( SHOULD BE RELATED TO ISSUES AND QUESTIONS):
Market and corporate structure oriented study material and teaching mechanism.
Helps students to understand and incorporate in skill based practice.
CASE REFERENCE
 R C Cooper v. union of India 1970 AIR 564, 1970 SCR (3) 530
 Sajjan Bank (Pvt.) Ltd. v. Reserve Bank of India, AIR 1961 Mad.
 Canara Bank v. P.R.N. Upadhyaya (1998) 6 SCC 526
 Indian Overseas Bank v. Industrial Chain Concern 1990)1 SCC 484
 Smt. Dipashri v. Life Insurance Corporation of India, AIR 1985 Bom 192
 Life Insurance Corporation of India v. Asha Goel, AIR 2001 SC 549
 New India Asssurance Co. Ltd. v. M/s Zuari Industries Ltd. (2009) 9 SCC 70
 Mardia Chemicals Ltd. v. Union of India
 Jindal Steel and Powers Ltd vs. Arun Kumar Jagatramka & Ors
 The Industrial Credit And vs Vanjinad Leathers Ltd. And Etc
 Nahar Industrial Enterprises Ltd vs Hongkong & Shanghai Banking Corp
TEXT BOOKS
 M.L. Tannan, “ Tannan’s Banking Law & Practice in India”, Lexis Nexis
Butterworths Wadhwa Nagpur, New Delhi. ( Vol I, II, III, 22nd ed., 2008)
 Butterworths Insurance Law Handbook – Andrew Barton, Lexis Nexis, 2011.
 Modern Law of Insurance – K S N Murthy & Dr. K V S Sarma, Lexis Nexis
Butterworths Wadhwa, 4th Edition, 2009.
13
REFERENCE BOOKS
 S K Sarvaria, rev, “S Krishnamurthi Aiyar’s Law Relating to The Negotiable

Instruments Act”, Universal Law Publishing Co. Pvt. Ltd., Delhi.( 9th ed., 2005)
 S N Maheshwari. S.K. Maheshwari, “ Banking Law and Practice”, New Delhi.
(12th ed., 2005)
 B.R.Sharma,“Bank Frauds: Prevention and Detection”, Universal Law
Publishing Co., Delhi.( 3rd ed., 2009).
 P.K. Srivastava, “Banking Theory and Practice”, Himalaya Publishing House,
Mumbai. (10th ed. Rep, 2010).
 International Banking and Finance Law, Mark Hsiao, Principles and
Regulations,
 Law and Practice of International Banking, Charles Proctor, (2010) OUP
 Butterworths Banking Law Guide, edn by Jason Chuah, Butterworths (2006)
 Butterworths Insurance Law Handbook – Andrew Barton, Lexis Nexis, 2011.
 Colinvaux’s Law of Insurance – Robert Merkin, Sweet & Maxwell, 8th Edition,
2006.
 Insurance Products (Including Pension Products) - Indian Institute of
Banking &Finance, Taxmann Publication (P.) Ltd., 2nd Edition, 2007.
 MacGillivray on Insurance Law – Nicholas Legh-Jones, Sweet & Maxwell,
11th Edition, 2008.
 Principles of Insurance Law (Vol.1 & 2) – M.N.Srinivasan & Dr. N.R.Madhava
Menon, Lexis Nexis Butterworths Wadhwa, 9th Edition, 2009.
BOOKS FOR ADVANCE READING
 R. Goode : Commercial Law,(1995) Penguin, London

 T. R Ramamurthy,“How to Borrow From Banks & Financial Institutions”,
Bharat Law House Pvt. Ltd., New Delhi (2010).
 E.P.Ellinger, et al.,“Ellinger’s Modern Banking Law”, Oxford University Press,
Oxford. (4th ed. 2006).
 Richard Carnell,et al.,“The Law of Banking and Financial Institutions”, Aspen
Publishers, New York. (4th ed. 2009).
14
 Arnould’s Law of Marine Insurance and Average – Jonathan Gilman & Robert
Merkin, Thomson Sweet & Maxwell, 17th Edition, 2008.
 Birds’ Modern Insurance Law - John Birds, Sweet & Maxwell, 1st South Asian
Edition, 2011
STATUTES AND ACTS
 Reserve Bank of India Act, 1934 (An overview)

 The Banking Regulation Act, 1949 (An overview)
 Payments and Settlements Act &National Payments Corporation of India
(NPCI)
 Negotiable Instrument Act





 The Pub
 The Insurance Regulatory and Development Authority Act, 1999
MODULE SKILL COMPONENTS
MODULES -1: Taking into consideration the above

THE EVOLUATION OF BANKING mentioned, as well as based on the
SERVICES AND ITS HISTORY
subject matter of the scientific article,
the purpose of the study is to reveal the
theoretical and practical features of
theprofessional competences’formation
and development of the scholars
MODULE 2. REGULATION OF BANKS To exercises control over Banking
(Reserve Bank of India Act, 1934 &
companies in different ways. This
Banking Regulation Act, 1949)
chapter will enable a reader to learn in
15
detail about :
• Licensing policy of various banks,
Licensing of policy guidelines of
branches of banks
• Paid Capital and Reserves stipulated
for different banks , Shareholding in
Banking Companies and its restrictions
• Setting up of Subsidiaries of Banking
Companies
• Board of Directors in Banking
Companies – Constitution and set-up
• Control over Management, Directors
and other officials of banks
• Corporate Governance aspects of
banks in India
16
MODULES -3 This second module discuss about the
origin and functionality of
Nonperforming assets. According to the
1. RECOVERY OF DEBTS
2. ELECTRONIC BANKING RBI guidelines the classification of NPA
3. INTERNATIONAL BANKING and the recovery process is discussed
REGULATION step by step and the impact in the
economy at large. The recovery of all
outstanding loans due to banks and
financial institutions and the Tribunal’s
power to try and settle cases for
recovery of loans and amounts from
NPAs as classified by the banks under
the RBI guidelines is elaborately
discussed alongwith facilitating
securitization of financial assets of
banks and financial institutions with or
without the benefit of underlying
securities and promotion of seamless
transferability of financial assets by the
ARC to acquire financial assets of banks
and financial institutions through the
issuance of debentures or bonds or any
other security as a debenture. This
module also covers the laws to improve
and ease the conducting card/digital
transactions for an individual and also
reduce the risks. The history and Role
of banking for better understanding of
the establishment of banking system
and the regulatory system
17
Insurance plays a crucial role in the
MODULE 4: GENERAL PRINCIPLES
sustainable growth of an economy.
OF INSURANCE LAW
Insurance law enables mitigation of
losses, financial stability and promotes
trade and commerce activities those
results into sustainable economic
growth and development. Students are
given overall understanding scope,
legal structure, functionalities to grasp
the importance of the Insurance law
with measure .
MODULE 5: The relevance between banking

RECENT DEVELOPMENTS IN
INSURANCE industry and insurance industry and
the legal disputes relevant to it. Third
party risk management for litigation
purpose, policy making everything is
clearly inllustrated to students.
INTERNATIONAL
1. Peter Alldridge, Draper’s Professor of Law

Email: p.w.alldridge@qmul.ac.uk
2. Dr Franziska Arnold-Dwyer, Lecturer in Insurance Law & Specialism Director

for Insurance Law
Email. f.arnold-dwyer@qmul.ac.uk
NATIONAL
1. Michael Debabrata Patro, Deputy Governor RBI

Email. michaeld.patro@rbi.gov.in
2. Mr. Harsh Kumar, Director , National Institute of Finance Management

3. Thomas Mathews, MD cum CEO of Odisha Capital Market Enterprise Ltd.
Email. mathew@ocme.ac.in
4. Dr. Bipin Kumar, NLU Jodhpur
18
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LW 6346: INTELLECTUAL PROPERTY
(Sem. 02/Paper-03)
Credits : 04 : Total Class Hours: 60
Course Description:
Along with the historical background, and the rationale of IPR, this course will
highlight on the various forms of Intellectual Property Rights like patent, trademark,
copyright and the lesser known and lesser talked IPRs like the geographical
indication, intellectual property over plant varieties and biodiversity both at the
national and international legal regime, which will help the students to have a broad
overview of the entire regime of Intellectual Property Rights
 To help the students understand the jurisprudence behind protection of
Intellectual Property.
 To provide a detailed analysis of the various forms of Intellectual Property Rights

both at the International level and at the domestic level (Indian Position)
 To equip students with specific technical, legal and management skills related to
protection, enforcement and commercialization of the various forms of
intellectual properties.
 To motivate and help studentsin generating their interest in the subject for taking
it up for further studies and academic research.
Teaching Methodology:
The methodology adopted for the course would be the following:
 Lecture method
 Case Study approach
 Group discussions
 Practice and exercises oriented sessions
 Drafting sessions (Drafting of application for registration for various
IPs like trademarks, patents, copyright, geographical indications
etc.)
 Inviting specialized persons in this field for delivering lectures
19
MODULE 1- INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS
This module will introduce the students to the basic concepts of IPR by discussing the
various forms of IPR and the theories/doctrines/conception behind rationale behind
IPR protection.
1.1. Meaning, Concept and Nature of Intellectual Property and its Importance
1.2. Jurisprudential justification of Intellectual Property Rights
1.3. The main forms of intellectual property: Copyright, Trademarks, Patents,

Geographical Indication, Biodiversity, Plant Varieties, Designs and its rationales
Course takeaway: To have a conceptual understanding of Intellectual Property by

analysing the jurisprudential evolution of the concept of IPRs in the light of
discussion on various forms of IPRs.
Number of hours: 10
MODULE 2: LAW OF TRADEMARKS
This module will cover the various aspects relating to trademarks including the
conceptual clarity, registration mechanism and the infringement of trademarks under
Indian law.
2.1. Trademarks: Conceptual Analysis
2.2. Types of Trademark
2.3. Registration of Trademarks
2.4. Trademark infringement and passing off.
Course takeaway: Students would have better clarity on the conceptual

understanding of trademarks as an IPR and they would also have an overall idea about
various forms of Trademarks and the process of trademark registration in India. This
module will also help students have a comprehensive idea about the significance of
Passing off under trademark regime.
Number of hours: 15
20
MODULE 3: LAW OF COPYRIGHT
This module will give a detailed insight to the students regarding the protection of
copyright as an IPR and also focus on technical aspects of Copyright protection like
registration, infringement and remedies etc.
3.1. Copyright: Introduction

3.2. Concept of Originality
3.3. Works in which copyright subists
3.4. Moral Rights
3.5. Registration of Copyright
3.6. Infringement of Copyright
3.7. Remedies against Infringement
Course takeaway:Students would be able to appreciate the incorporation of the

concept of Copyright under IPR framework by studying the basic features of
copyright. This module will also help them in understanding about the process of
copyright registration, infringement of copyright and remedies against copyright
infringement and other related concepts the concept of Copyright.
Number of hours: 10
MODULE 4: LAW OF PATENT
This module will delve in to the various aspects of Patent protection under IPR
framework. Apart from providing the conceptual understanding of Patents it will also
help student about patent prosecution, patent infringement and the various remedies
available.
1.1. Patent: Introduction

1.2. Patentability criteria
1.3. Patent Prosecution, term and enforcement
1.4. Patent infringement – Literal and non-literal infringement
1.5. Remedies – Civil and criminal
Course takeaway:This module will provide the students clarity on the conceptual
understanding of Patent as an IPR. They will also be able to have a better idea about
the process of patent grant in India along with the concept of patent infringement and
remedies against patent infringement.
Number of hours: 15
21
MODULE 5:LAW RELATING TO GEOGRAPHICAL INDICATIONS &
BIODIVERSITY, PVFR
This module will introduce the students to the world of lesser known IPRs like
Geographical Indications, Biological resources and plant varieties protection under
IPR framework and also will discuss various technical aspects related to these forms
of IPR.
5.1. Geographical Indications Protection: Conceptual Analysis

5.2. Registration of Geographical Indication and effect of registration
5.3.Biodiversity Protection under IPR Regime: Conceptual Analysis
5.4.Mechanism for Regulation of Access to Biological Resources and Benefit Sharing
under the Biological Diversity Act 2002
5.5.Plant Variety Protection: Conceptual Analysis
5.5. Registration of Plant varieties and effect of registration
Course takeaway:Students will have an idea about the various registrable plant
varieties and the test to be conducted in order to ascertain a plant vareity as a new
plant variety in India.
Number of hours: 10
Case Law Study:

1. University of London Press Ltd. v. University Tutorial Press Ltd., (1916) 2 Ch. D
601.
2. Feist Publications, Inc. v. Rural telephone Service Co. 499 U.S. 340 (1991)
3. Eastern Book Company v. D.B. Modak (2008) 1 SCC 1
4. RG Anand Vs Deluxe Films (AIR 1978 SC 1613)
5. Novartis v UOI (2013) 6 SCC 1
6. Diamond Vs Chakrabarty 447 U.S. 303 (1980)
7. Novartis AG & Anr. v. Natco Pharma Ltd. CS (COMM) 229/2019
8. Darjeeling Tea (Tea Board, India Vs. ITC Limited)
9. Basmati Rice case study
10. Kani Tribe benefit sharing case
22
Text books :
1. Law Relating to Intellectual Property Rights, VK Ahuja, Lexis Nexis, 3 rd edition,

July 2017.
2. Intellectual Property Law,Lionel Bently, Brad Sherman, Dev Gangjee, Phillip
Johnson, OUP Oxford, 5th edition ,Sept 2018.
3. The Subject Matter of Intellectual Property, Justin Pila, OUP Oxford, 1st edition,
Sept 2017
Researched articles reference:
1. Biodiversity and Intellectual Property Rights: Can the Two Co-Exist? Ashish
Kothari1 R.V. Anuradha, JOURNAL OF INT’L WILDLIFE L & POL’Y
(1999)
2. The Protection of Plant Varieties and Farmers’ Rights Act of India Pratibha
Brahmi*, Sanjeev Saxena and B. S. Dhillon, National Bureau of Plant Genetic
Resources, New Delhi
3. “Intellectual property rights in plant varieties international legal regimes and

policy options for national governments”Laurence R. Helfer for the
Development Law Service FAO Legal OfficeFOOD AND AGRICULTURE
ORGANIZATION OF THE UNITED NATIONS Rome, 2004
4. Intellectual Property Rights as Protected Investments: How Open are the

Gates? By Carlos Correa, Jorge E. Viñuales, Journal of International
Economic Law, Volume 19, Issue 1, March 2016, Pages 91–
5. Intellectual Property Rights and Access in Crisis by Karen

Walsh, AndreaWallace, Mathilde Pavis, Natalie Olszowy, James
Griffin & Naomi Hawkins, IIC - International Review of Intellectual Property
and Competition, Law volume 52, pages379–416 (2021)
Advanced readings:
1. Ujjwal Kumal, Suman Sahai “Status of the Rights of Farmers and Plant
Breeders in Asia”, 2003, Gene Campaign
2. G. Kristin Rosendal “The Convention on Biological Diversity and Devloping

Countries”, 2000, Kluwer Academic Press,
3. Eashan Ghosh, Imperfect Recollections : The Indian Supreme Court on Trade

Mark Law, Thomson Reuters, 1 Jan 2020
4. Adarsh Ramanujan, Patent Law Cases and Materials: A Synthesis For India,
Wolters Kluwer India Pvt. Ltd, 1 Sep 2020.
23
1st SEMESTER
AUTUMN SEMESTER
LL.M 1st SEMESTER
LW 6348: INTERNATIONAL TRADE LAW
(Sem. 02/Paper-04)
COURSE DESCRIPTION:
To introduce and impart the understanding of the Principles of International Trade

Law including the mechanism for dispute settlement in WTO and to encourage
students to be able to analyse and interpret the complex nature of contemporary legal
implications of international trade.
1. To impart the basic understanding of the Multilateral Trade Regime like WTO
and its interaction with global trade regulations;
2. To impart the basic understanding of the WTO-GATT’s dispute resolution
mechanism;
3. To make understand the principles on which the evolution of WTO has taken
place along with its institutional structure and decision making mechanism;
4. To help in understanding and building the skill set to interpret the mechanism of
WTO dispute settlement procedure and
5. To develop the ability to analyse the WTO case law.
TEACHING METHOD:
The course will be taught by combination of:
1. Lecture Sessions;
2. Case Study;
3. Judgment Reading;
4. Case law – Research;
5. Class Discussion & Presentations.
24
MODULE-I:GATT AND WORLD TRADE
This Module will introduce the fundamental and conceptual base of

International Trade Law.
1.1 The Development of GATT

1.2 The Evolution of GATT 1948 to GATT1994/WTO
1.3 The strengths and weaknesses of multilateral trade regime
1.4 The future of world trade – Multilateral versus Regional versus Bilateral
THEORY AND SKILL COMPONENT: Students will acquire basic understanding
for developing critical analysis skills in international trade issues related to GATT
1948, GATT 1994/WTO, multilateral trade regime.
COURSE TAKEAWAYS: Students have to go through two extensive quiz sessions
(2 classes) on basic concepts.
MODULE-II:DISPUTE SETTLEMENT MECHANISM

In this Module discussion will be on dispute resolution mechanism of WTO and
it is unique characteristics.
2.1 WTO Dispute Settlement Mechanism
i. Substantive Perspective
ii. Procedural Perspective
2.2 Position of WTO Dispute Settlement Mechanism in International Law
2.3 Challenges of WTO Dispute Settlement Mechanism

for developing critical analysis skills in dispute settlement in international trade, WTO
dispute settlement and challenges associated with it.
COURSE TAKEAWAYS: Students have to go through one class based test on essay
type questions and receive individual feedback (3 classes).
25
MODULE- III: PRINCIPLES OF NON-DISCRIMINATION
In this Module discussion will be on issues like concepts of non-discrimination in
international trade.
3.1 The Most Favoured National Principle

3.2 The concept of “Like Product”
3.3 Exceptions to MFN Principle
3.4 The National Treatment Principle

for developing critical analysis skills in the concept non-discrimination like MFN and
National Treatment in international trade and Like Product.
COURSE TAKEAWAYS: Students have to go through class room group exercise on
conduct and proceedings of WTO disputesettlement mechanism.
MODULE-IV: TARIFF AND NON-TARIFF BARRIERS TO TRADE

In this Module discussion will be on issues like concepts of remedies against
unfair trade practices like ant-dumping duties, countervailing duties.
4.1 Dumping and Anti-Dumping Measures

4.2 Subsidies and Countervailing measures
4.3 Technical Barriers to Trade: TBT and
4.4 Sanitary and Phyto-Sanitary Agreement

for developing critical analysis skills in concepts of tariff and non-tariff barriers to
trade like dumping, subsidies, Technical Barriers to Trade, and Sanitary and Phyto-
Sanitary Agreement.
COURSE TAKEAWAYS: Students have to go for group presentation on issues of
international finance and the topic will be decided by the subject teacher after
discussion with concerned groups.
26
MODULE- V:GATS – GENERAL AGREEMENT ON TRADE IN SERVICES
In this Module discussion will be on issues like concepts of service trade like
modes of services, evolution of service trade, challenges of service trade.
5.1 The Framework of GATS

5.2 GATS scope of Application
5.4 Schedule of Specific Commitments
5.5 Economic Integration Agreements
5.6 GATS and Developing Countries

for developing critical analysis skills in concepts related to GENERAL
AGREEMENT ON TRADE IN SERVICES.
COURSE TAKEAWAYS: Students have to go for individual presentation with their
own views and opinions with pre-approved topics of their own choice.
MODULE-VI: THE ROAD AHEAD

In this Module discussion will be on recent and contemporary challenges in
international trade law associated in this areas like COVID 19, US-China trade
war, WTO’s future.
6.1 India and WTO: INDIA’s stand on various issues
6.2 Doha Ministerial Rounds
6.3 Bali Ministerial Rounds
6.4 The Future of WTO
THEORY AND SKILL COMPONENT: Students will acquire basic understanding in

recent challenges in contemporary international trade law related challenges like
future of WTO, DOHA Round issues etc.
COURSE TAKEAWAYS: Students have to go for group discussion on the topics
selected by students and teacher from the above module.
27
CASE REFERENCES
1. Panel Report, Indonesia-Certain Measures Affecting the Automobile Industry,

WT/DS54/R
2. Appellate Body Report, Korea-Measures Affecting Imports of Fresh, Chilled, and
Frozen Beef, WT/DS161/AB/R and WT/DS169/AB/R
3. US-Final Anti-dumping measures on Stainless Steel from Mexico,
WT/DS344/AB/R (adopted May 20, 2008)
4. Canada Auto Pact Case, 2000
5. European Communities — Regime for the Importation, Sale and Distribution of
Bananas, DS27
6. Japan Alcoholic Beverages Case, 1996
7. Turtle - Shrimp case, 1998 (Amicus Briefs)
8. United States - Sections 301-310 of the Trade Act of 1974
9. United States - Import Prohibition of Certain Shrimp and Shrimp Products
10. EC - Sugar Regime Case, 2005
TEXT BOOKS
1. Raj Bhala, International Trade Law: Interdisciplinary Theory and Practice, 2nd
Ed., Thomson Sweet & Maxwell, 2013
2. Salvatore, D "International Economics:Trade and Finance, Wiley Publishers, 11th
Ed.2014.
3. Simon Lester and Bryan Mercurio, World Trade Law (Tax, Materials and
Commentary), First Indian Reprint, Universal Law Publishing, 2010.
REFERENCE BOOKS
1. John H. Jackson, The World Trading System, 2nd Ed., Satyam Books,2012.
2. Jason C.T. Chuah, Law of International Trade: Cross-Border Commercial
Transactions, 4th Ed., Sweet & Maxwell, 2009. (Chapters: 5,12 & 13)
3. Lorand Bartels and Federico Ortino (Edt.), Regional Trade Agreements and the
WTO Legal System, Oxford University Press, 2006.
4. Indira Carr, International Trade Law, 4th Ed., 2010.
28
RESEARCHED ARTICLES REFERENCE
1. The WTO Trade Remedy System: East Asian Perspective (Mitsuo Matsushita,
Dukgeun Ahn and Tain-Jy Chen, eds.) (London, Cameron May Publishers, 2006) at
11-31
2. 34 N.Y.U. J. Int'l L. & Pol. 299 (2002)
3. China’s Participation in the WTO (Henry Gao and Donald Lewis, eds.) (London,
Cameron May Publishers, 2005) at 315-351
4. 31 N.Y.U. J. Int'l L. & Pol. 823 (1999)
5. 91 AJIL 60 (January, 1997)
6. 90 AJIL 193 (April, 1996)
7. 86 AJIL 310 (April, 1992)
8. UCLA J. Int'l L. Foreign Aff. 209 (2011)
9. 8 Marquette Intellectual Property Law Review 211 (2004) [TRIPS, Patents, and
Access to Life-Saving Drugs in the Developing World]
10. 7 Melbourne Journal of International Law 339 (2006)
11. Challenges and Prospects for the WTO (Andrew Mitchell, ed.) (London, Cameron
May Publishers, 2005) at 217-252
BOOKS FOR ADVANCED READING
1. Petros C. Mavroidis, Trade in Goods, Oxford University Press, 2007.

2. www.wto.org - Contains original contents publication by wto - Relevant cases from
WTO website
3. Alan O. Sykes, The WTO Agreement on Safeguards, Oxford University Press,
2006.
4. Yan Luo, Anti-Dumping in the WTO, the EU and China, Wolters Kluwer, 2010.
5. Nellie Munin, Legal Guide to GATS, Wolters Kluer, 2010.
6. Bernardette Griffin, Day and Griffin, The Law of International Trade, 3rd Ed.,
Oxford University Press, 2004.
7. Lorand Bartels and Federico Ortino (Edt.), Regional Trade Agreements and the
WTO Legal System, Oxford University Press, 2006.
8. Sonia E. Rolland, Development at WTO, Oxford University Press, 2012.
29
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LLM CRIMINAL LAW
LW 6452:Victimology
(Sem. 02/Paper-01)
Credits: 04: Total Class Hours: 60 (including tutorials & proctors)
Course Description:
In a civilized society, it is an accepted fact that whenever a criminal commits a crime,

the state apprehends him and he is brought to trial. If he is found to be guilty, he is
convicted and is sentenced to suffer any form of punishment. The question here arises
is that does this conviction and sentencing of the criminal completes the cycle of
criminal justice? What about the victims of a crime? A victim of the crime cannot be
a forgotten entity in the criminal justice system. The rights of the victims need to be
protected and so this course projects the various complications and also suggests the
measures to overcome the hurdles and see that the victims’ rights are protected.
Learning Objectives/Course Outcomes:
At the end of this course the students shall be able to-
1. To understand the nature and scope of victimology and its different

perspectives and various
2. To analyze the various International Instruments on Victim’s rights and

Victim’s justice.
3. To evaluate the place of victims in the different stages of Criminal Justice
Administration
4. To analyse the different modes of restitution of victims.
5. To understand the phenomenon of victimization in selected contemporary
crimes.
includes – (1) ‘mixed hybrid of group discussion’, (2) Case-Studies, (3) Case-Law
Analysis, (4) Research Problem Formulation, (5) Survey of Contemporary Research
Material (6) Lecture and Special Lectures with clinical data.
30
COURSE CONTENT:
MODULE – 1
INTRODUCTION TO VICTIMOLOGY-EVOLUTION, THEORIES AND

PERSPECTIVES: The emergence of Victimology as a comprehensive study
emerged due to the realisation that society generally and CJS particularly could not
ignore the comprehensive aspects that emanate from the act of victimization.
1.1 Conceptualizing Victim, Victimology and Victimization

1.2 Evolution of Victimology - Victimology as a science
1.3 Theories of victimization
1.4 Perspectives of Victimology
1.5 Models of CJS from the victim’s perspective
1.6 Types of Victims and Impact of Victimization
Theory- Victimology as a field of study, theories of victimization, perspectives and
models of victimology
Course Takeaway- The student will understand the nuances of victimological

perspectives and importance of looking at CJS from a victim’s perspective.
No. of Hours- 10
MODULE – 2
VICTIMS RIGHTS UNDER INTERNATIONAL INSTRUMENTS: The UN

Declaration on the Basic Principles of Justice for the Victims of Crime and Abuse of
Power in 1985 laid down the foundation for the comprehensive victim justice that
signatory states should target to achieve in their domestic parlance.
2.1.UN Declaration on the Basic Principles of Justice for the Victims of Crime
and Abuse of Power, 1985
2.2.The Handbook on the Justice for Victims, 1999
2.3.The Right to Reparation for the Victims of Human Rights Violation, 1997
2.4.The Draft U.N. Convention on Justice and Support for Victims of Crime
and Abuse of Power, 2010
2.5. Rights of the Victims under the Statute of International Criminal Court
31
Theory- Major International instruments concerning Victims of crime and abuse of
power
Course Takeaway- The students will get a clear idea of the international mandates on
victim’s justice through various UN declarations and important instruments.
No. of Hours- 10
MODULE – 3 VICTIM’S INTERACTION WITH THE CRIMINAL JUSTICE

SYSTEM: It is ironical that the victim of crime being the worst affected entity is also
the most forgotten one. This module traces the shift in the paradigm in accordi ng the
victim a rightful place in the CJS.
3.1 Recommendations of Malimath Committee and Law Commission of India.
3.2 Victim’s in Criminal Justice Administration-
3.2.1Victims role at the reporting,
3.2.2 Investigation and
3.2.3 Prosecution and Trial stage-
3.3 Law reforms towards Procedural safeguards and victim justice.
Theory- Victims’ role at different stages of CJ administration, law reforms on victim

participation
Course Takeaway- The students will be able to appreciate the place and the role of
the victim in the criminal justice process and the lacuna that still exists.
No. of Hours- 15
MODULE –4
Restitution of Victims: There has been a paradigm shift from the concept of
retributive justice to restitutive justice for the victims of crime. This module
highlights the various modes of achieving the same.
4.1 Conceptualizing Victim Restitution and Support Services in the International

scenario
4.2 Compensatory Jurisprudence
4.2.2 Victim compensation under Indian Laws
32
Theory- Victim restitution, compensatory jurisprudence
Course Takeaway- The students will be able to appreciate the concept of restitutive
justice for the victim through support services and compensation by courts.
No. of Hours- 15
MODULE – 5
Contemporary Issues in Victimology: Victimisation due to sexual violence,

domestic violence and hate crimes exist in the society cutting across all boundaries as
such it is necessary to identify the peculiarities associated with them.
1.1 Victims of Rape

1.2 Child Victims of Sexual Abuse
1.3 Victims of Domestic Violence
1.4 Victims of Hate Crime
Theory- Nature of specific contemporary forms of victimisation.
Course Takeaway- The students will be able to appreciate the nature of sexual
victimization in adults as well as child, domestic violence and hate crimes and the
legal responses towards them.
No. of Hours- 10
1. (UOI) and Ors. Citations: AIR 2004 SC 3566

Sakshi v Union of India
2. Suresh & Ans vs. State of Haryana, 2014 (8) Supreme 289
3. Ankush Shivaji Gaikwad vs. State of Maharastra (2013) 6 SCC 770
4. Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd. and Anr (2007) 6 SCC 528
5. Hari Kishan and State of Haryana vs Sukhbir Singh (1988)4 SCC 551
6. Bodhisattwa Gautam vs Ms. Subhra Chakraborty 1996 AIR 922, 1996 SCC (1) 490
7. Delhi Domestic Working Women’s Forum v. Union of India(1995) 1 SCC 14
8. Tekan (Alias Tekram…Appellant) v. State of Madhya Pradesh (2016)
9. Govindswamy v. State of Kerala (2016 SCC on Line SC 939)
10. D. Veluswamy v. D. Patchaiammal (2010) 10 SCC 469
Text Books:
1. Gaur, K. D. Justice to Victims of Crime: A Human Rights Approach, In Dr.

Vibhute, K. I. (ed.)
2. Rajan, V. N. Victimology in India – Perspectives beyond Frontiers, Ashish
Publishing House, New Delhi
3. Diagle, Leah E. Victimology
33
1. RVG Clarke, M Felson, Routine activity and Rational Choice,
1993, Published August 31, 2004 by Routledge
2. Averdijk M. (2014) Victimization and Routine Activities. In:
Michalos A.C. (eds) Encyclopedia of Quality of Life and
Well-Being Research. Springer, Dordrecht.
https://doi.org/10.1007/978-94-007-0753-5_4062
3. Menon Madhava, N. R. Victim Compensation Law and Criminal Juctice: A
Plea for a Victim – Orientation in Criminal Justice Eastern Book Company
4. Raj Kumar, C. and Chokalingam, K. (ed.) Human Rights Justice

and Constitutional Empowerment Oxford University Press, 2007
5. Critical Victimology: International Perspectives. Author: R.I.

Mawby. &. S. Walklate. Publisher:SAGE Publications Ltd.
Publication year:1994
6. Walklate, S. (1990). Researching Victims of Crime: Critical
Victimology. Social Justice, 17(3 (41)), 25-42. Retrieved July 2,
2021, from http://www.jstor.org/stable/29766556
7. Meier, R., & Miethe, T. (1993). Understanding Theories of
Criminal Victimization. Crime and Justice, 17, 459-499. Retrieved
July 2, 2021, from http://www.jstor.org/stable/1147556
8. Justice J.S Verma, Justice Seth, Leila, Gopal Subramanium, ‘Report on the
Committee on Amendments to Criminal Law’
<http://www.thehindu.com/multimedia/archive/01340/Justice_Verma_Com
m_1340438a.pdf>
9. Justice V. S. Malimath, Committee on the Reforms of Criminal Justice
System, Government of India, Ministry of Home Affairs, March, 2003
10. Law Commission of India Report (1996) “Victimology in the 154th
Report on the Code of Criminal Procedure,” 1973
34
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LLM CRIMINAL LAW
LW6454: International Criminal Law
(Sem. 02/Paper-02)
Course description: The course seeks to enable students to develop an awareness of

the basic concepts of substantive international criminal law. It will explore the
development of international criminal law, individual criminal responsibility under
international law, including the notion of international crimes. The course will also
discuss the general principles of International criminal law. A particular emphasis will
be placed on the Statute of the International Criminal Court entered into force in
2002.
Learning objective:
1. To give students an exposure to this new branch of International Law, which has
been experimenting with several domestic principles of criminal law in an
international platform.
2. To enable the students to understand the fundamental concept of crime in
international criminal law
3. To help the students in studying about the changing facets of international criminal
law and undertake further detailed research in international criminal law
4. To extend students knowledge in understanding the changing patterns and even the
jurisprudence of the concepts of genocide, war crimes, crimes against humanity in the
21st century, and in a post-Covid world
5. To provide the students with a platform to understand , develop and analyze the
emerging scenarios and newer crimes in International criminal law, with specific
reference to the crime of aggression, and state sponsored terrorism.
35
Teaching Methods
Case studies and case analysis is one of the methods of discovering law in books to
support the law in action. Similarly problem oriented studies is ideal for generating
interest among the students. So teaching will be by lecture method supplemented by
class room discussions, tutorials and problem solving. The lectures will give the
students an overall view of the topic.
The system of tutorials will also provide an opportunity for discussion, deliberation
and doubt clearing amongst the students. The students will further be encouraged to
undertake activities by the use of newspaper articles, video documentaries and other
available modes of information in order to apply the theoretical concepts for a critical
analysis of the world events.
Evaluation System
The performance of the student will be assessed on the basis of 100 marks divided
into 50 marks for the session work and 50 marks for the end semester examination.20
session marks will be allotted on the basis of a project work. The project work will
consist of writing an essay, research paper which is of publishable standardor case
comment or Multiple choice questions exam , as may be decided by the course
teacher. 30 marks shall be allocated to the mid semester examination to check the
subject knowledge of the students.
MODULE I: Introduction to International Criminal Law
Module objectives: To give a brief yet comprehensive idea to students about the
evolution of International Criminal Law
1.1. Definition of International Law

1.2 Sources of International Criminal Law
1.3 ICL in historical perspective : Inter- war periods (1919-1939) and the concept of
genocide
36
1.4 Nazi Germany and the concept of holocaust and genocide
1.5 Development of ad-hoc tribunals: The Rwanda and the Yugoslavia tribunals.
1.6 Hybrid Courts: Case of Sierra Leone and Cambodia
Course takeaway : Students would get basic understanding of International Criminal

Law and how it has evolved in the 19th and 20th century.
Skill component: Research, articulation, debate
Number of hours- 12 hours
MODULE II: GENERAL PRINCIPLES OF CRIMINAL LIABILITY
Module objectives: To introduce the idea of International criminal laibility and its
various facets under international Criminal Law
2.1 Introduction and mental elements of crime under International criminal law
2.2 Perpetration/commission of crimes
2.3 Concept of Joint criminal enterprise
2.4 Theory of Aiding and abetting under ICL
2.5 Ordering, instigating, soliciting, inducing and inciting
2.6 Doctrine of Command/superior responsibility
Course takeaway: Students would understand as to how the concept of crime and
criminal liability is addressed under International Criminal Law.
Skill component: Helping the students in identifying the underlying criminal
liability concepts under ICL with the help of case studies, examples, class discussions
and deliberations.
37
MODULE III: CONCEPT OF CRIME IN INTERNATIONAL CRIMINAL
LAW
Module objectives: To ascertain the various kinds of crimes defined under

International Criminal Law and its outlined jurisprudence
3.1 Types of international crimes
3.2 Concept of Genocide under ICL
3.3 Concept of war crimes and crimes against humanity
3.4 State sponsored aggression and International criminal law
3.5. Role of states in protecting International crimes
3.6 Crimes against women and International criminal law
Course takeaway: Students would understand and appreciate as to why only specific
kinds of crimes are supposed to be tried under ICL, and how are they defined and
seen within the prism of International Criminal Law.
Skill component: Aiding the students in identifying as to how crimes can be
practically categorized and defined for the purposes of being encompassed under ICL.
MODULE IV: DEFENCES/GROUNDS FOR EXCLUDING CRIMINAL
RESPONSIBILITY
Module objectives: To give a comprehensive idea about standard form of defences,

both under International Criminal Law and standard defences under ICC
4.1 Standard defences under International Criminal Law
4.2 The defence of Mental incapacity
4.3 Self-defence, defence of others and of property
4.4 Superior orders
4.5 Other ‘defences’
4.6 The ICC Statute and defences
38
Course takeaway: Students would be able to understand the underlying situations
and circumstances under which an individual can escape from his/her liability, under
ICL and even the International Criminal Court.
Skill component: The students would be learning the nuances of this module
through the help of class discussions, moot court exercise, simulations and
presentations.

MODULE V: ISSUES RELATED TO JURISDICTION AND IMMUNITY
Module objectives: To acclimatize the students on the total structure and function of
the International Criminal Court , and various legal knowledge and technicalities
associated with the court.
5.1 ICC: Its origin, development, organs, functioning and present status
5.2 The extent of the Jurisdiction of the ICC
5.3 State Party referral of cases to the ICC
5.4 Security Council referral of cases to the ICC
5.5 Doctrine of functional Immunity
5.6 ICC and present contemporary issues on functional immunity
Course takeaway: Students would be in a position to comprehend and understand as

to how the ICC functions and how are matters are referred to it by the Security
Council and even by countries.
Skill component: The students would be deliberating the legal and technical aspects
of this topic with help of class discussions, moot court exercise, guest lecture by
academicians and industry experts.
39
References:
Case References:
As this subject has evolved through a series of events and ad-hoc tribunal which
formulated much of the development and jurisprudence of ICL, and the following
events and tribunals would be discussed:
Events:
1. The Herrero and the Nama genocide, 1905-11

2. The Turkish genocide of Armenian Christians (1914-18)
3. The Holomodor genocide (1932-34)
4. The Jewish Holocaust (1939-45)
5. The Bangladesh genocide (1970-71)
6. The Rwandan genocide (1990-94)
7. The genocide in Yugoslavia (1991-95)
8. The Sierra Leone genocide (1997-2003)
Ad-hoc tribunals:
1. The Leipzig War Crimes Tribunal, 1921.

2. The Nuremburg War Crimes Tribunal (1946-49)
3. The Tokyo War Crimes Tribunal (1946-49)
4. The International War Crimes Tribunal for Rwanda ( 1995-2015)
5. The International War Crimes Tribunal for former Yugoslavia (1995-2015)
6. The Special Court for Sierra Leone (2005-12)
The following country investigation conducted by the ICC in the following
countries will be taken up in deliberation of the class:
1. ICC investigations in Congo.

2. ICC investigations in Libya
3. ICC investigations in Kenya
4. ICC investigations in Central African Republic
40
TEXT BOOKS:
 Bantekas Ilias, International Criminal Law (Hart Publishing, 2010)

 Boas, Gideon et-al. V-I Forms Of Responsibility In International Criminal
Law.(CUP, 2007)
 Boas, Gideon et-al. V-II Elements Of Crimes Under International Law (CUP,
2007)
REFERENCE BOOKS:
 Cassese Antonio, International Criminal Law, (OUP, 2008)

 Cassese Antonio, The Oxford Companion To International Criminal Justice,
(OUP, 2009)
 Cryer, Robert et-al, An Introduction To International Criminal Law and
Procedure (Cambridge University Press, 2011)
 Marchuk Iryna, The Fundamental Concept Of Crime In International Law- A
Comparative Analysis, (Springer, 2014)
 Schabas A William, An Introduction to the International Criminal Court
(CUP, 2011)
 Than de Claire, International Criminal Law And Human Rights, (London
Sweet & Maxwell, 2003)
 Zahar, Alexander.; Goran, Slutier. International Criminal Law (OUP, 2008)
Online sources:
 The materials in the following websites are helpful:

 http://www.icty.org (International Criminal Tribunal for the former
Yugoslavia)
http://www.ictr.org (International Criminal Tribunal for Rwanda)
http://www.icc-cpi.int (International Criminal Court)
 http://www.icrc.org/ (International Committee of the Red Cross)
 http://www.iccnow.org/ (Coalition for the International Criminal Court)
41
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LW6456: Police Law and Administration
Course Description: The present paper acquaints students with police management
and legislations which administer policing in India. Law enforcement and particularly
the police is a significant wing of the criminal justice administration. The finctions,
operational styles, stress, and work culture of a police organization is unique and
which makes it different from other professions. Learning the nuances of police
administration and developing a knowledge of the powers of the police as specified
in law, makes a student of criminal justice administration adept in identifying the
loopholes and suggest possible remedies there of.
i. Learning
Objectives:
At the end of the course, the students will be able to have:

(a). Awareness about the difference between police and policing and the evolution of
police organization.
(b). Knowhow about training, recruitment and operational styles of police
organization.
(c). To develop knowledge about legislations to support and demarcate police
functions and administration.
(d). To estimate the future of policing.
Teaching Method:
The paper will be taught by an amalgamation of lectures, seminars, practical examples
using case laws, field visits, empirical research and group discussions.
Course Content:
Module 1: Police and Policing: Foundations

The concept of police and policing and its historical evolution is basis to
understand police as an institution.
1.1. Conceptualizing Police and Policing
1.2. The Traditional and the Modern Police
1.3. Functions of the Police
1.4. Police across cultures: A Historical Study
1.4.1. English – 17 th to present
1.4.2. American policing - Colonial period to the present
1.4.3. Indian police- Colonial period to the present
Course Takeaway: Develop an understanding of basic concepts in police and

policing, police functions and historical evolution of the police organization.
No. of Hours: 12
42
Module 2: The Police Organization: Hierarchical, Accountable and Transparent
This module explores the work culture of the police organization
2.1. Hierarchical division of labour
2.2.Organization by area, function and purpose
2.3. Patrol operation
2.4.Technology in Police Work
Course Takeaway: Develop a know how about hierarchy, patrolling,and the

uniqueness of police culture.
No. of Hours:12
Module 3: Becoming A Police Officer: Recruitment and Training, Police Culture

Recruitment and training is an eminent part of becoming a police officer.The
police operation, role, personality and stress in service is unique from other
occupations and eventual corruption in police work challenges the respect it
deserves.
3.1. Standards in police selection:i)Physical ii)Educational iii) Age iv) Criminal
record v)Smoking and drug use restriction
3.2. Recruitment and selection process: i) India and USA ii) Comparative study of
India and USA
3.3. Police training: i) Recruitment training ii) Police academy iii) Field training iv)
Fire-arm training v) In- service management vi) Specialized training
3.4. Police role, Police operational styles, Police discretion, Stress and hazards in
police service, Police corruption
Course Takeaway: appraise The recruitment and training in police organization
across different nations. Identifying the different issues of concern in police
service pertaining to police culture.
No. of Hours:18
Module 4: Police and Policing: Legal Issues

Police power is authenticated by law. This brings challenges as well as
opportunities for diligent operations.
4.1. Police and the Law
4.2.Police and the Criminal Justice System
4.3. Police and Investigation
4.4. Police and Terrorism
Course Takeaway: Explore the legal provisions for police organizations to act as
guidelines to policing.
No.of Hours: 18
Module 5: Police in the 21st Century: The Future of Policing

The future of policing calls for better community relations, use of updated
technologies and control of crime causation.
5.1. Police and minority community
5.2. Community policing, Problem Oriented Policing, Neighbourhood Policing
5.3.Global Policing and Interpol
5.4. The future of policing
43
Course Takeaway: Explore the initiatives for futuristic policing in India
No.of Hours: 12
Leading Cases/ Case Law Study:

1. D.K. Basu v. State of West Bengal (AIR 1997 SC 610)
2.Delhi Judicial Service Association vs State Of Gujarat And Ors 1991
AIR 2176, 1991 SCR (3) 936
3.Prakash Singh v. Union of India (2006) 8 SCC 1
4. T.T.Antony vs State Of Kerala & Ors 2001 6 SCC 181
5. Rudul Sah v State of Bihar & Anr 1983 AIR 1086
6. Nilabati Behera vs State Of Orissa And Ors AIR 1993 SC 1960
7. Bhim Singh v. State of Jammu and Kashmir AIR 1986 SC 494, 1986
CriLJ 192, 1985 (2) SCALE 1117, (1985) 4 SCC 677, 1986 (1) UJ 458 SC
8.The State Of Punjab and Ors. vs Lal Chand Sabharwal AIR 1975 P H
294
9. Lalita Kumari vs Govt.Of U.P.& Ors AIR 2012 SC 1515
Text Books:
1. David Weisburd, Peter Neyroud. (2011). Police science: Towards a new paradigm,
Indiana University, Publication from Harvard Kennedy School Program in Criminal
Justice Policy and Management.
2. Jack r Green. (2006).‘The Encyclopedia of Police Science’, Volume 1,
Northeastern University, Hardcover edition from Routledge, ISBN-10: 041564223X |
ISBN-13: 978-0415642231.
3. Jack r Green. (2006).‘The Encyclopedia of Police Science’, Volume 1,
ISBN-13: 978-0415642231.
4. Mike Maguire, Rodney Morgan, Robert Reiner. (2007). The Oxford Hand Book Of
Criminology, Oxford University Press, ISBN: 0199205434, 9780199205431.
Reference Books:
1. Ben Bowling, James Sheptycki. (2011). Global policing, Publisher SAGE, ISBN:
1446254313, 9781446254318.
2. B. K. Greener. (2009). The New International Policing, Houndmills, Basingstoke,
New Hampshire: Palgrave Macmillan Publisher, ISBN: 0230573908, 9780230573901.
3. Charles J. Edwards. (2005). Changing policing theories for 21st century society,
Federation Press, ISBN 1862875375, 9781862875371.
4. David H. Bayley. (1996). Police for the future, Oxford University Press,
Incorporated, ISBN : 0195355806, 9780195355802.
5. David Weisburd, Peter Neyroud. (2011). Police science: Towards a new paradigm,
Indiana University, Publication from Harvard Kennedy School Program in Criminal
Justice Policy and Management.
6. Jake V. Burke. (1 Jan 2010). Community oriented police: Background and Issues,
Nova Science Publishers, Incorporated, ISBN: 1608767671, 9781608767670
7. James Vadackumchery. (2003). Crime Law And Police Science, Concept
publishing, ISBN 8170229952.
8.Jeffery T. Walker. (2002). Policing and the law, Publisher Prentice Hall, ISBN:
0130284351, 9780130284358.
44
9.John S. Dempsey, Linda S. Forst. ( 01-Jan-2011). An Introduction To Policing 6th
edition, Publisher Cengage Learning, 2011, ISBN 1111137722, 9781111137724.
10. Larry E Sullivan. (2005). Encyclopedia of law enforcement, The University of
Michigan
SAGE Publications, ISBN: 0761926496, 9780761926498.
11 Markus Dirk Dubber, Mariana Valverd. (2006). The New Police Science : The
Police Power In Domestic And International Governance, Stanford University Press,
ISBN 080475392X, ISBN-9780804753920.5
12. Michael Rowe. (2008). Introduction to policing, Publisher SAGE, ISBN:
1446204421, 9781446204429.
13. M. R. Haberfeld, Ibrahim Cerrah. (2007). Comparative policing: The struggle for
democratization, SAGE Publications, ISBN: 1412905478, 9781412905473.
14. Newburn, Tim and Reiner, Robert. (2012). ‘Policing and the police’, Oxford
University
Press, Oxford, UK, 806-837. ISBN 9780199590278.
15. P. J. Alexander. (2002). Policing India in New Millennium, Allied Publishers,
ISBN 8177642073, 9788177642070.
16. Reiner, Robert. (2010). ‘The politics of the police’, 4th ed., Oxford University
Press, Oxford, UK. ISBN 9780199283392.
17.19. Rohit Chaudhary. (2009). Policing: Reinvention Strategies in a Marketing
Framework. SAGE Publication India Private Limited. ISBN-10- 8178299445.
18. Veerendra Mishra. (2011).Community policing: Misnomer or Fact? SAGE
Publication India Private Limited.
19. Victor E. Kappeler, Larry K. Gaines. (2012). Community policing: A
contemporary prospective, Publisher Elsevier, ISBN 1455728500, 9781455728503.
20. Willard M. Oliver. (2007). Community oriented policing: A Systemic Approach
to Policing with When Cultures Clash – Strategies, Publishers Pearson College
Division, ISBN 013242598X, 9780132425988.
Journal Articles
1. Germann, A.G. 1969. ‘Community Policing: An Assessment’; The Journal of

Criminal Law, Criminology and Police Science, 60(1); 89-96.
2. Maheswari, A.P. 2001. ‘Crisis of Policing in India’, The Indian Police Journal,
XLVIII (3) July –Sep 2001:21-25.
3. Miranda, C.J.V.1962.'The Police Public Relations', Maharashtra Police Journal,
3(4):89-95.
4. Skolnick, J.H. & Bayley D.H. 1988. ‘Theme and Variation in Community
Policing’, Crime and Justice , V10:1-37.
i. Books for Advanced Reading:

A. 1. Jack r Green. (2006).‘The Encyclopedia of Police Science’, Volume 1,
ISBN-13: 978-0415642231.
A. 2. B. Reiner, Robert. (2010). ‘New theories of policing: a social democratic
critique’, Oxford University Press, 141-182. ISBN 9780199580231.
45
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LW 6348: Corporate Crime/White Collar Crime
(Sem. 02/Paper-04)
COURSE DESCRIPTION: Sutherland defined the term as "crime committed by a

person of respectability and high social status in the course of his occupation."
Although there has been some debate as to what qualifies as a white-collar crime,
many white-collar crimes are poses challenges for the law enforcement agency as the
perpetrators use sophisticated means to conceal their activities through a series of
complex transactions. It becomes more challenging when the corporate sector comes
into the picture. Corporate white-collar crime has various dimensions including
bankruptcy fraud, environmental law violations, financial fraud, securities fraud, insider
trading, real estate fraud, frauds committed by corporations under the company laws.
The course shall offer students the theory and practice of white-collar crime,
corporate crime in criminal law. The course will begin with a survey of the basic
principles and theories underlying this area of law, including the principles that
underlie assessing criminal liability against individuals and corporations and their
accountability. The paper shall inculcate research and teaching ability in the students
to pursue an academic career in the field of criminal law.
LEARNING OBJECTIVE
1. To make students learn the theoretical premise of white-collar crimes and

coroporate crimes in their various dimensions including laws and regulations
to curb them.
2. To help build among students the research and teaching ability on the
specialised topics of criminal law dealt with in this paper.
TEACHINGMETHODS: The teaching methodology that shall be adopted in this

paper is a combination of case study, lecture method, the Socratic method including
debates, and research. After introducing a topic by the teacher, the students shall be
encouraged to analyze and research the laws and cases on the issues relating to white-
collar crime and corporate crimes. This shall be followed by discussions. In designing
teaching materials for this course, current developments in deviance, as reflected in
newspapers/journals, law reports, and legislative proceedings should be highlighted.
46
MODULE-1 Conceptualizing White Collar Crime
1. Meaning and Concepts of White Collar Crime

2. Causes, Dimension and Theoretical Explanations of WCC
3. Difference between WCC and Traditional Crimes
4. Various Legislations and Reports on WCC
5. Judicial Attitudes on WCC
Course Takeaway: The student shall learn the concept of White Collar Crime and
also shall appreciate its theoretical explanation and identify the white-collar criminals.
This shall develop their ability to identify white-collar criminality from various
sources shall be able to learn to use it in teaching and research. Areas like judicial
attitude towards white-collar crime shall help them to explore new areas of research.
Hours: 12
MODULE 2: Concept, Models and Theories of Corporate Criminal Liabilities
1. Corporate Crime Introduction – An overview of corporate crime
2. Types of corporate crime
3. Impact of corporate crime on the Indian economy
4. Models of Corporate Crime: Doctrine of Vicarious Liability,
Theory of Alter Ego and Identification, Theory of Corporate
Culture, Theory of Sanctioning, Theory of Aggregation
Course Takeaway: The students shall learn the concept of corporate crime and
modus operandi of the same. White-collar crime takes place in the corporate field in
specialised ways. Students shall be able to identify the model for criminality in a
corporate house and with contemporary examples shall explore further researchable
areas.
Hours: 15
MODULE3: Corporate Offences: Corporate and Securities-related Crimes
1. Crimes under the Company Act, 2013
Corporate offences for Shares: : Section 53 - Prohibition on an

issue of shares on discountSection 187(4)- Investments of
Company to be held in its own name
Corporate Offences for Meetings, Books and Financial
Statements: Section 118(12) - Minutes of proceedings of
general meeting, meeting of Board of Directors and other
meeting and resolutions passed by postal ballot-
Section 128(6) -
Books of account, etc., to be kept by Company- Section 129(7)
-
Financial statement - Officer in default- Section 134 -
Financial statement, Board’s report
47
Others: Section 57 - Punishment for impersonation of
shareholder-
Section 58(6) - Refusal of registration and appeal against
refusal-
Section 182(4) – Prohibitions and restrictions regarding
political contributions.-
Section 447: Fraud
Section 184(4)- Disclosure of interest by the director –
2. Corporate offences and Securities Fraud: Insider Trading :

Sec 12 A of SEBI Act, Case Study of Harsad Meheta Scams, Rajat
Gupta Scam under the Securities and Exchange Commission
Course Takeaway: Corporate Crime takes place in the company and financial field
in complex ways. Students shall be able to identify the criminality in a corporate
house and learn the laws which are in place to curb corporate criminality. The
analysis of the laws shall offer the students new researchable areas.
Hours: 15
MODULE 4: Corporate Crimes: Housing, Banking and Environmental Crimes
1. Corporate offences and Housing Scams: Fraud in Construction
Sectors, Provisions of Laws under the Land Laws, Indian
Registration Act, the Consumer Protection Act, RERA Act. Case
Study on Amrapali Real Estate Projects
2. Corporate Offences and Banking Fraud: Definition of Fraud,

Provisions of Laws under Banking Regulations Act for NPAs and
Recent Banking Scams: Cases of Vijay Mallya Banking Fraud,
Nirab Modi Banking Fraud
3. Corporate Offences and Environmental Crimes: Concept and

Development of Environmental wrongs. Environmental Crimes
under Water Act, AIR Act, Environmental Protection Act. Case
Study on Environmental Crime by Bhopal Gas Disaster. Sri Ram
Fertilizer and Chemical Mills Case
Course Takeaway: This module shall help learn students other specialised areas of
Corporate Crime. Different corporate dimension of company life poses different
challenges. This module shall offer Students to explore specialised areas of crime
corporate criminality. The analysis of the laws in their various dimension shall offer
the students new researchable areas.
Hours: 15
48
MODULE 5: Corporate Crimes: Remedies and Punishments
1. Theories and Principles Corporate Crime Control: types of
Corporate Crimes
2. Punishment and Remedies under Various Laws:
1. Company Act, 2013, SEBI Regulations, 2015
2. Banking Regulation Act, 2017, SERFAESI Act, 2002
3. Consumer Protection Act, 2019,Real Estate Regulation Act,
2017
4. Water Act, AIR Act, Environmental Protection Act, 1986
Course Takeaway: The final module shall help learn students laws and remedies of
corporate crimes. The application of the laws shall offer the students assess if the laws
are adequate to address the challenges posed by corporate crime. This shall further
offer the students new researchable areas.
Hours: 15
Case Laws:
Dilawar Singhv. Parvinder Singh

Parkash Singh Badal v. State of Punjab
Bikram Chatterji vs Union Of India
MC Meheta vs. Union of India
Charan Lal Sahu Etc. Etc vs Union Of India And Ors
Assistant Commissioner v. Velliappa Textiles Ltd
Iridium India Telecom Ltd. v. Motorola Incorporate
Standard Chartered Bank v. Directorate of Enforcement
Aneeta Hada vs M/S Godfather Travels & Tours
Zee Tele films Ltd. v. Sahara India Co. Corp. Ltd.
Tesco Supermarkets Ltd v. Nattrass
Sunil Bharati Mittal v. CBI
Centre for PIL v. UOI and other (2G Spectrum Case)
US v. Bank of New England
US v. A.P Trucking Co.
Meridian Global Funds Asia Ltd v Securities Commission
DPP v. Kent & Sussex Contractors Ltd
Text Books:
1. A. Siddique., Criminology (1984) Eastern, Lucknow.
2. . Prof. N.V. Paranjape., Criminology & Penology with Victimology (2011),

Central Law Publication, Allahabad.
Bibliography:
1. Sutherland, E H, Cressey. D R, Criminology
2. Law Commission of India, Forty-Second Report Ch. 3 (1971)
49
3. Friedrichs, David O., Trusted Criminals White Collar Crime in
Contemporary Society, (1995) Wadsworth Pub Co
4. Kumar, Dr. Sanjeev., Corporate Criminology Corporate Offences Directors’

Liability, Prosecution, Punishment, Remedies & Procedures, (2005), 5th Ed.
New Delhi: Bharat Law House.
5. Lundman, Ermann., Corporate & Governmental Deviance, (2002), 6th Ed.

Oxford.
(Coleman) Worth. The Criminal Elite, (2002) 5th Ed., or (2006) 6th Ed.
6. Zagaris, Bruce. -International White Collar Crime Cases and Materials-
(2010),
Cambridge University Press
7. Minkes, John. Minkes, Leonard., Corporate and white-collar crime-(2008),
SAGE
8. Brickey. Kathleen F., Corporate and White Collar Crime Selected cases ,
statutes and documents, (2010)Aspen Publishers, New York
9. Additional Learning Resources (Internet Links of general resources)
10.FBI White Collar Crime and Fraud webpage
11.Financial Crimes Enforcement Network (FinCEN)
12.FindLaw WCC Resource Page
13.IRS Scams, Schemes, and Tax Fraud Alerts
14.National White Collar Crime Center (NW3C)
15.Securities and Exchange Commission
50
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LLM CONSTITUTIONAL LAW
LW 6672: Administrative Law
(Sem. 02/Paper-01)
Course Description:
The object of teaching the Administrative Law is to impart adequate knowledge and
skill required to control government in the interest of ‘Administrative Justice’.
 The object of teaching the Administrative Law is to impart adequate
knowledge and skill required to control government in the interest of
‘Administrative Justice’
 The services of the administrative lawyer are required in many situations. The
increased governmental activities have necessitated the delegation of
legislative powers and judicial powers to the Executive and the use of wide
discretionary powers by the administration.
 The exercise of these powers is to be subjected to principles of ultra vires,
fairness, reasonableness etc. Public authorities and other governmental
authorizes (local self-government authorizes, public corporations, regulatory
authorities etc) have to be subjected to the discipline of the administrative law.
 In addition to defending the rights of citizen in these areas, where trained
administrative lawyers can have their innings, from the side of the authorities
also there is a great need for personnel trained in this discipline.
 A large number of Tribunals have to be manned by the trained members.
 The execution of the policy in a fluctuating public-private sector divide cannot
be successfully operated without grounding in administrative law. All these
objectives are sought to be achieved by the course on administrative law.
51
Teaching Methodology
Teaching will be mainly by the lecture method supplemented by class room

discussions, seminars, moot courts and problems solving. Students are expected to
attend the lectures and actively participate in the related exercises. The lectures will
be on the topics indicated in the course outline. Students are expected to read the
relevant portions from the text books and come to the class.
MODULE I-Development of the Administrative State-Rule of Law and

Separation of Power
This module focuses on clearing the basic concepts of Administrative Law, to make
them understand the evolution of Administrative Law
1.1 Administrative Law : Definition,Nature, Scope, Theories and

Relevance of Administrative Law
1.2 Comparisons and relationship between Administrative Law and
Constitutional Law
1.3 Growth of State’s power
1.4 Resulting growth in Administrative power
1.5 Rule of Law in modern state
1.6 Doctrine of Separation of Power- Classification, functions and
principles.
Course Takeaway: Students would get basic understanding of the role of

Administrative Law and how Administrative works in the modern state.
No of Hours: 14
MODULE II- Delegated Legislation
To give a detailed analysis on legislative power of administrative authorities. To

identify the conflicts in this power and locating the appropriate remedy for the misuse
of power.
3.1. Delegated Legislation: Meaning, Reasons for growth, Sub Delegation and
Conditional legislation Merits and Pitfalls
3.2. Classification of Delegated Legislation: Title and Purpose based classification
52
3.3. Position in United States, United Kingdom and in India
3.4. Control over Delegated Legislation
Course Takeaway: At the end this module the students would understand the
principles related to delegated legislation. They would be able to apply the
judicial precedents in solving the conflicts in dealing with this power.
No of Hours: 13 Hours
MODULE III-Procedural Standards
Module objective: This module focus on the quasi judicial function of the
administrative authorities. To understand the nature of this power. To differentiate
with judicial power. To analyse different procedures before these authorities and the
reasonability of such procedures.
4.1 Statutory- Administrative and Quasi Judicial Functions
4.2. Principles of natural justice- Administrative and Quasi judicial

Function
4.3. Meaning and Need of Administrative Adjudication, lis inter parties

and the concept of fairness
4.4. Rule against Bias/ Nemo Judex In causa Sua : Types of Bias,
Exceptions to the rule against Bias and Doctrine of
Necessity
4.5. Rule of Fair Hearing/ Audi Alteram Partem: Notice, Right to Cross
Examination and Right to Legal Representation
Course Takeaway : The students would understand, What is quasi judicial power,
the jurisdictional issues, errors of jurisdiction. Different procedures of natural justice.
No. of Hours: 10
53
MODULE IV-Liability and Remedies
To provide the basic understanding of Remedies, Contracts and Discretionary power

of the administrative authorities. To analyse the contradiction in the area of Tort,
Contracts and discretion.
5.1 Tortious and Contractual Liabilities of a State
5.2 Private law and public law remedies
5.3 Privileges of state in litigation
5.4. Administrative Discretion
5.5. Judicial Control over Administrative Discretion
Course Takeaway: At the end of the module the students would understand the basic
remedies available for the people against administrative power. They would
understand the legal principles developed over a period of time to control the
administrative discretion. They would analyse different principles applied in
determining the contractual and tortious liability of the administrative authorities.
No. of Hours: 10
MODULE V-Miscellaneous
To make the student understand the developments in administrative law nationally

and internationally. To analyse the issues and challenges and to find out a better
model for the future.
6.1 Reform in Administrative Law
6.2 Comparative study England France and USA
6.3 Global Administrative Law
Course Takeaway: The students would understand the global administrative law and
how it is different from domestic administrative law. They would understand the
comparative analysis of different countries administrative law.
No. of Hours:10
54
REFERENCES
LIST OF ARTICLES
1. Asimow, Michael. “Delegated Legislation: United States and United
Kingdom.” Oxford Journal of Legal Studies, vol. 3, no. 2, 1983, pp. 253–276.
2. Balganesh, S., 2016. The constitutionalization of Indian private lawThe
Constitutionalization of Indian Private Law by Shyamkrishna Balganesh :: SSRN
3. C.K. Takwani, Lectures on Administrative Law, EBC, 4th ed: Chapter III
4. Cho, Sungjoon. (2011). Globalizing of Administrative Law. SSRN Electronic
Journal. 10.2139/ssrn.1774785.
5. Davis, K.C., 1955. Tort Liability of Governmental Units. Minn. L. Rev., 40,
p.751.
6. Dyzenhaus, David. "The Rule of (Administrative) Law in International
Law." Law and Contemporary Problems 68, no. 3/4 (2005): 127-66. Accessed
March 10, 2021. http://www.jstor.org/stable/27592109
7. Esty, Daniel C. "Good Governance at the Supranational Scale: Globalizing
Administrative Law." The Yale Law Journal 115, no. 7 (2006): 1490-562.
Accessed March 14, 2021. doi:10.2307/20455663.
8. Feetham, R. "Comparative Administrative Law." Journal of Comparative
Legislation and International Law 3, no. 4 (1921): 277-80. Accessed March 14,
2021. http://www.jstor.org/stable/753296.
9. Forsyth, C. and Upadhyaya, N., 2013. The Development of the Prerogative
Remedies in England and India: The Student Becomes the Master?. National Law
School of India Review, pp.168-177.
10. Friedmann, W. "French Administrative Law and the Common-Law World." The
University of Toronto Law Journal 11, no. 1 (1955): 143-47. Accessed March 14,
2021. doi:10.2307/824143
11. Griffith, J. A. G. “Delegated Legislation: Some Recent Developments.” The
Modern Law Review, vol. 12, no. 3, 1949, pp. 297–318
12. Jain, S.N., 1969. New Trends in Judicial Control of Administrative
Discretion. Journal of the Indian Law Institute, 11(4), pp.544-553.
13. Jayakumar, N.K., 1984. LIMITS OF JUDICIAL ACTIVISM VIS-A-VIS
ADMIINISTRATIVE DISCRETION: A PRELIMINARY INQUIRY. Journal of
the Indian Law Institute, 26(1/2), pp.55-69.
55
14. Joshi, K. C. “QUESTION OF LEGISLATIVE POLICY IN DELEGATED
LEGISLATION—RECENT CASES.
15. Kingsbury, Benedict, Nico Krisch, and Richard B. Stewart. "The Emergence of
Global Administrative Law." Law and Contemporary Problems 68, no. 3/4
(2005): 15-61. Accessed March 10, 2021. http://www.jstor.org/stable/27592106
16. Kingsbury, Benedict, Nico Krisch, and Richard B. Stewart. "The Emergence of
(2005): 15-61. Accessed March 14, 2021. http://www.jstor.org/stable/27592106.
17. Kundu, Subhankar. "THE CONCEPT OF NATURAL JUSTICE AND ITS
GROWTH IN INDIA."
18. M. P. Jain & S. N. Jain, Principles of Administrative Law, LexisNexis, 6th edn:
Chapter 1
19. McLean, Janet. "Divergent Legal Conceptions of the State: Implications for
(2005): 167-87. Accessed March 14, 2021.
20. Montesquieu, Spirit of the Laws, Book XI (Separation of Power)
21. MUKHARJI, P. B. “DELEGATED LEGISLATION.” Journal of the Indian Law
Institute, vol. 1, no. 4, 1959, pp. 465–492.
22. MUKHARJI, P.B. "ADMINISTRATIVE LAW." Journal of the Indian Law
Institute 1, no. 1 (1958): 39-64.
23. Paul Craig, Administrative Law, Sweet & Maxwell, 7th ed: Part 1 (Chapter 1 & 2)
24. Paul Craig, Administrative Law, Sweet & Maxwell, 7th edn: Chapter 14
25. RANI, S., 2020., Comparative Study of Separation of Power in India, UK And
USA., Vol. 3 International Journal of Law Management &
Humanities 785.
26. Rao, P. Parameshwar. "SEPARATION OF POWERS IN A DEMOCRACY:
THE INDIAN EXPERIENCE." Peace Research 37, no. 1 (2005): 113-22.
Accessed March 14, 2021. http://www.jstor.org/stable/24469690.
27. S. P. Sathe, Administrative Law, LexisNexis, 7th edn: Chapter 5
28. Schauer, Frederick F. "English natural justice and American due process: An
analytical comparison." Wm. & Mary L. Rev. 18 (1976): 47.
29. Stewart, Richard B. "U.S. Administrative Law: A Model for Global
Administrative Law?" Law and Contemporary Problems 68, no. 3/4 (2005): 63-
108. Accessed March 14, 2021. http://www.jstor.org/stable/27592107.
56
30. T.R.S. Allan, The Sovereignty of Law, OUP, 2013: chapters 3 and 5
31. Tripathi, Rajeshwar. "Concept of Global Administrative Law: An
Overview." India Quarterly 67, no. 4 (2011): 355-72. Accessed March 14, 2021.
http://www.jstor.org/stable/45073012.
32. Upadhyay, Chetan. "Doctrine of Separation of Power and its Present Significance
in India." Journal of Constitutional Law and Jurisprudence 3.1 (2020): 20-26.
33. Vaishnav, S. and Marwaha, K., 2015. Judiciary: A Ladder between Inevitable
Administrative Discretion and Good Governance. International Journal of
Multidisciplinary Approach & Studies, 2(2).
34. Vakil, Raeesa. "Constitutionalizing administrative law in the Indian Supreme
Court: Natural justice and fundamental rights." International journal of
constitutional law 16, no. 2 (2018): 475-502.
35. Varuhas, Jason N.E. "THE REFORMATION OF ENGLISH
ADMINISTRATIVE LAW? "RIGHTS", RHETORIC AND REALITY." The
Cambridge Law Journal 72, no. 2 (2013): 369-413. Accessed March 14, 2021.
http://www.jstor.org/stable/24694013.
36. Vashisht, A., 2019. Natural Justice: A Jurisprudential Overview. International
Journal of Law and Jurisprudence, June (2019).
Case Laws
 ADM Jabalpur v. Shivkant Shukla, AIR 1976 SC 1207
 Asif Hameed v. State of J. & K., AIR 1989 SC 1899
 Atlas Cycle Industries Ltd. v. State of Haryana, AIR 1979 SC 1149
 Darshan Lal Mehra v. Union of India, AIR 1992 SC 1848
 Govind Lal v. A.P.M. Committee, AIR 1976 SC 263 Sonik Industries, Rajkot v.
Municipal Corpn. of the City of Rajkot (1986) 2 SCC 608
 In re Delhi Laws Act, AIR 1951 SC 332
 Indira Gandhi (smt.) v Raj Narian AIR 1975 SC 2299
 Lachmi Narain v. Union of India, AIR 1976 SC 714
 Rai Saheb Ram Jawaya Kapur vs State of Punjab AIR 1955 SC 549.
 Rajnarain Singh v. Chairman, Patna Administration Committee, AIR 1954 SC
519.
 State of MP vs Bharat Singh AIR 1967 SC 1170
LIST OF RESOURCE PERSONS
57
International
1. William Wade Buzbee

Professor of Law
Georgetown University
Contact Number:(202) 661 6536
Email Id: wwb11@law.georgetown.edu
2. Prof. Madhav Khosla
Professor
Columbia Law School
Email ID:mkhosl@law.columbia.edu
Contact :854-0722
National
1. Prof. (Dr.) I.P. Massey, LL.M. (Lko),
LL.M. (Calif. Berkeley), Ph.D. Dean,
Email: ipmassey@nlujodhpur.ac.in
2. Dr Girish R
Assistant Professor of Law, Gujarat National Law University
Email: rgirish@gnlu.ac.in
Contact No: 7923276611
58
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LLM CONSTITUTIONAL LAW
LW 6674: MEDIA LAW
(Sem. 02/Paper-02)
COURSE DESCRIPTION:
This Course will equip students with understanding of the historical

background, constitutional and statutory framework, policy aspects of the
interface between media and the law. Media is a powerful means for spirited
democracy. The basic principles of democracy are that the media should enjoy
more freedom and face less restriction from the government. With the growing
time the media has to play the role of a regulator to the government and
safeguard democracy itself.
 To acquaint students with historical background on media & law during

Colonial rule in India & how it shaped perspectives of Indian law makers to
give a new shape to it in post-independent India.
 To help students understand the constitutional framework in which laws

relating to media operate.
 To develop an understanding of the interface of media with the statutory and

regulatory framework.
 To facilitate an understanding of the politics behind such legal framework and

the emerging public policies concerning this field.
TEACHING METHOD:
The Course will be taught by a combination of lectures, seminars, practical

examples using case law, discussions and consultation with the teacher over the
period for six hours a week including tutorial. Class discussion consists of material
that is additional and different from the reading. Therefore, it is expected that
students come to class being familiar with all the assigned topics.
59
MODULE – I: Media: History of interface with society and state
A History of Communications advances a new theory of media that explains the
origins and impact of different forms of communication – speech, writing, print,
electronic devices, and theInternet – on human history in the long term. New media
are “pulled” into widespread use by broad historical trends and these media, once in
widespread use, “push” social institutions and beliefs in predictable directions. This
view allows us to see for the first time what is truly new about the Internet, what is
not, and where it is taking us.
1.1. Communication: Meaning, function and type
1.2. Mass media and society
1.3. A brief history of media in India
1.4. Media Legislation: British colonial experience in India
1.5. Comparative Experiences of media around the world
Course Takeaway: To understand the probable basic historical perspective of a

simulated media law issues in the form that conforms to basic professional
conventions regarding media law in India.
NUMBER OF HOURS: 8
MODULE – II: Media and the constitutional Framework in India
Indian Penal Code (IPC) was enacted in 1960. ... When Constitution of India was
proclaimed in 1950, all Indian citizens were guaranteed some fundamental rights. One
of them is the freedom of speech and expression, which includes the freedom of the
press. This right is enshrined in Article 19 (1) (a) of our Constitution.
2.1. Freedom of expression in Indian constitution
2.2. Interpretation of media freedom
2.3. Issues of privacy, media and the law
2.4. Right to information Act
2.5 Case studies on media and free expression
60
Course Takeaway: To read, understand and use statutes and other enacted laws to
solve legal problems or construct legal arguments.
Number of Hours: 8
MODULE – III: Media and the statutory Regulatory Framework
Media regulation would include regulation of conduct, structure or content of media.

Regulation would prohibit libel and defamation, would set up provision regarding
national security, obscenity, blasphemy, sedition promoted via the media, regarding
the contents of films. Media regulation would also help in protecting privacy laws,
laws concerning intellectual property rights, and prohibitions against incitement to
violence or racial hatred, pornography etc. Need for regulating the press is also
important in terms of moderating or supervising the credibility of the information that
is published. News that has been displayed on television or published in a newspaper
should be factual and based on actual happening; it should be a justified interpretation
of the event and not “point of view” of what has happened.
3.1 Media and criminal law (Defamation/obscenity)
3.2 Media and tort law (Defamation & Negligence)
3.3 Media and legislature -privilege of the legislature
3.4 Media and the judiciary-Contempt of court
3.5 Media and executive-Official Secrets Act
3.6 IT Act 2000
Course Takeaway: To predict the probable judicial resolution of simulated legal

disputes.
Number of Hours: 8
MODULE – IV: Media: Politics, Public Policy and governmental Issue
This module reviews research on the influence of the media on legislation and public
policy. After reflecting on why politicians react to media coverage at all, the chapter
mainly focusses on political agenda-setting, but also goes beyond this to come to a
61
broader view on the role of the media in the policy process. In order to do so, the
chapter takes a close look at how media define, frame and amplify issues or constrain
the political agenda and how this impacts political decision making.
4.1. Self-Regulation vs Legal Regulation
4.2. Regulating the new media and internet
4.3. Issues relating to foreign media and open sky policy
4.4. Issue of Airwaves and governmental control
4.5. Media and the regulatory bodies
Course Takeaway: To comprehend various methods in order to address contemporary

challenges.
Number of Hours: 8
MODULE – V: Media and Ethics
It is often argued that the media link together relevant actors including the public and
make it possible that they respond to each other on a limited number of core issues. In
addition, the media have the ability to force different stakeholders to react and take a
position in such a way that they can accelerate or rather decelerate the policy process.
This module closes with a call for more studies trying to understand the complex
interaction of media ethics in decision making.
5.1 Media and ethics
5.2. Issues of consumer protection
5.3 Media trial, media criminal/civil justice policy
5.4. Paid news
5.5. Yellow journalism
Course Takeaway: To encompass media ethics while dealing with various aspects of
Media issues.
Number of Hours: 8
62
CASE REFERENCES
 Romesh Thappar v State of Madras, 1950 AIR 124

 Re Daily Zemmedar (Printing and publication of news.), AIR 1947 Lah 340
 Brij Bhushan v State of Delhi, 1950 AIR 129
 Virendra v State of Punjab, 1957 AIR 896
 Sharma v. Srikrishna, 1959 AIR 395
 Sakal Papers (P) Ltd. v Union of India, 1962 AIR 305
 Bennett Coleman & Co. v Union of India, 1973 AIR 106
 Hamdard Dawakhana v. Union of India, 1965 AIR 1167
 R Rajagopal v. State of Tamilnadu, 1995 AIR 264
 Kedar Nath Singh vs State Of Bihar, 1962 AIR 955
TEXT BOOKS
 Madhavi Goradia Divan (2006), Facets of Media Law Eastern Book Company
 Marshall Mc McLuhan (2005), Understanding Media, 2nd Edn, Routledge
Publishers
 Paranjoy Guha Thakurta (2011), Media Ethics, 2e, Oxford University Press
REFERENCE BOOKS :
 S. Macbride-Many Voices, One World (Oxford IBH Publishing).

 Black & Jennings-Introduction to Mass Communication (W.C. Brown.
 Schramm & Roberts-The Process and Effects of Mass Communication
(University of Illinois).
 Dennis Macquail-Mass Communication Theories: An Introduction
(SAGE).
 S.Ghosh-Mass Media Today in the Indian Context (Profile Publishers).
 B.Kuppuswamy-Social Change in India (Vani Publications/Publishers).
1. Researched Articles Reference:

 JOURNAL ARTICLE Privacy and Social Media, Theodore F.
Claypoole, Business Law Today (January 2014), pp. 1-4
 JOURNAL ARTICLE Indian Media and the Struggle for Justice in
63
Bhopal, Shalini Sharma, Social Justice, Vol. 41, No. 1/2 (135-136),
Special Issue: Bhopal and After: The Chemical Industry as Toxic
Capitalism (2014), pp. 146-168
 JOURNAL ARTICLE, Trial by Media: The Betrayal of the First
Amendment's Purpose, Gavin Phillipson, Law and Contemporary
Problems, Vol. 71, No. 4, The Court of Public, Opinion: The Practice
and Ethics of Trying Cases in the Media (Autumn, 2008), pp. 15-29
2. Books for advanced Reading:
1) M.N. Srinivas-Social Change in Modern India (Orient Longman)
2) J.S.Yadav-Communication in India (Academic Press).
3) Daniel Learner-The Passing of Traditional Society (Free Press).
4) Arun Bhattacharjee-Indian Press: Profession in Industry (Vikas
Publishsing House)
5) P.C.Chatterjee-Broadcasting in India (SAGE).
6) Adrian Athique (2012), Indian Media, John Wiley & Sons
7) Angharad N. Valdivia (2006), A Companion to Media Studies, Blackwell
Publishing Professional
8) B. Manna (2006), Mass Media and Related Laws In India, 2nd Ed.,
Academic Publishers
9) CAD, Vol VII page 980 (Dr. B.R. Ambedkar’s view).
10) Herbert Lee Williams, Newspaper Organization and Management, 5th
Edn., pg 347.
11) Crone Tom (2002), Law And The Media, 4th Edition, Focal Press
12) David Lemmings, Claire Walker (2009), Moral Panics, the Media and the
Law in Early Modern England, Palgrave MacMillan
13) Raminder Kaur & William Mazzarella (Ed.)(2009) Censorship in South
Asia: Cultural Regulation from Sedition to Seduction, Indiana University
Press
Resource persons / external eminently appropriate to teach the course
64
1. Aleksander Grebieniow, The University of Warsaw, Faculty of Law and
Administration, Adjunct since 2016
2. Radosveta Vassileva. She is a legal scholar and social advocate. Short biography:
PhD in Law, University College London (2016); LLM in Economic Law, Sciences Po
Paris (2009); LLM in Global Business Law, Université Paris 1 Panthéon-Sorbonne
(2009); BA in International Relations, Tufts University, USA (2007)
3. Alessandro Palmieri, He is currently an Associate Professor of Comparative Private

Law at the Law Department of the University of Siena (since 2005).
4. Madhavi Goradia Divan, She regularly contributes her thoughts to news forums
like the Indian Express and has written a book titled Facets of Media Law.
5. Priya Hingorani, She has worked on cases involving diverse areas of law such as
taxation, customs and excise, insurance, family and matrimonial law, commercial law,
labour and service law, human rights, and constitutional law.
6. Menaka Guruswamy, She represented the IIT students of the LGBTQIA+

community in the Navtej Johar case in the SC which led to the partial scrapping of
Section 377 of the Indian Penal Code
7. Aishwarya Bhati, She recently represented the Armed Forces for a petition that
challenged a large number of cases that are filed against soldiers working in areas
where the Armed Forces Special Powers Act is in force. She argued that these men
are prosecuted for performing their duties and should be guaranteed some extent of
immunity from wrongful prosecution.
65
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
Religion, Diversity and theLaw (LW 6676)
(Sem. 02/Paper-03)
Credits: 04: Total Class Hours: 60 (including tutorials & proctors
COURSE DESCRIPTION:
Law and religion are critically connected to each other in any societies in the
contemporary times. A comparative as well as interdisciplinary study will enable a
wholesome understanding of this relationship. Issues are considered from the
viewpoints of a range of legal systems/jurisdictions, religions, belief systems and
academic disciplines. It will also ensure understanding the relationship between
church and state in different parts of the world. The relationship also has its
implications for law as well as religious freedom and tolerance in India. The course
will also focus on the some of the social problems in the Indian context.
1. Examine the sociological perspectives on role of religion in society.
2. The students will be able to analyze the various international human rights
instruments regarding freedom of religion.
3. The students will be able to appreciate the religious diversity and the law in
India.
4. Examine the dynamics of the relationship between church and the state.
5. The students will be able to do comparative analyses of freedom of religion.
6. The students will understand the various social problems connected to religion
in India.
TEACHING METHOD:
The pedagogy for the course will be lecture method, interactive analyses of
legislations and case laws and class room discussions. Active learning pedagogy will
also be used for understanding the specific cases in order examine the
interrelationship between law and religion.
66
EVALUATION SYSTEM:
The performance of the students will be assessed on the basis of 100 marks out of
which end- term examination will be of 50 marks, mid-term examination will be
of 30 marks and internal examination will be of 20 marks.
DETAILED SYLLABUS
MODULE-I: Introduction
The individual and the group encounter religion and/or religious phenomenon in
myriad ways through customs, rituals, beliefs and practices. The module will
familiarize the various sociological perspectives with regard to origin of religion in
society and its inextricable significance for social control. with the theoretical
perspectives on religion in society and how religion is inextricably related to social
control.
1.1.The origin ofreligion

1.2.Values developed inreligion
1.3.Social control throughreligion
Course Takeaway: The students will be able to understand the various theoretical
perspectives, approaches and basic concepts related to sociology of religion.
67
MODULE-II: State and Religion
For ages, the relationship between state and religion, in particular between state
and church has been studied. The discourse on this relationship has been
changing over a period of time. From a time in the Middle ages in Europe when
religion gave state authorities and state power, its legitimacy and the
government was the protector of the Christian faith to today, when religion is no
longer that fundamental due to the advent of democracy and the rule of law- the
dynamics of this relationship has come a long way. The module will look at this
relationship along the historical trajectory and enable the student to understand
the dynamics of it.
2.1. The origin of society andState

2.2. Society’s control over State and State’s control oversociety
2.3. The pursuit of values by State andReligion
2.4. The conflict between State and Religion
2.5. State’s control over Religion
Course Takeaway: The students will be able to analyse the relationship between
state and religion and how it has changed over the years. It also enables to understand
how the social processes such as modernization, rationalization and secularization
impact this relationship.
MODULE-III: Religion and Human Rights
Relation between religion and human rights is complex and inextricable. In this
module we will try to examine and analyse the various rights pertaining to
freedom of religion as enshrined in the international instruments of human
rights such as the Universal Declaration of Human Rights or the UDHR, the
European Convention on Human Rights or the ECHR, the International Covenant
on Civil and Political Rights or the ICCPR, the International Covenant on
Economic, Social and Cultural Rights or the ICESCR and others. USA is considered
one of the foremost countries to uphold the freedom of religion right. So in this
module, the study of the constitutional provisions on this freedom and the
historical context in which this is enshrined in the US Constitution will also be
examined.
3.1. Protecting religious freedom as humanright
68
3.2. UDHR, ICCPR andICESCR
3.3. ECHR- its context and basicfeatures
3.4. Protection of religious freedom in theUSA
Course Takeaway: The students will be able to examine and analyse the freedom of
religion as given in the international instruments and discuss
cases. They will also be able to understand and compare the freedom
of religion as enshrined in the US Constitution and other
countries.
MODULE-IV: Protection of Religious Freedom in the Constitution of India
Various fundamental rights are provided as well as guaranteed by our Indian

Constitution under Part III.Among them, freedom of religion is also the one
provided which is given under Article 25-28 of the Indian Constitution. By the
42nd amendment, 1976 the term ‘secular’ was added in the Preamble to the
Constitution. Every citizen in India has the freedom to practice, preach and
propagate his or her religion. But the state expects every citizen to practice it
amicably within its jurisdiction. The issues pertaining to this freedom are more
so due to the religious diversity existing in India. It is this context that the
constitutional provisions will be examined in this module.
4.1. Religious freedom in the Preamble to theConstitution

4.2. Articles 25-28 in theConstitution
4.3. Restrictions on the Freedom of Religion- subject to public order, public health
and morality
4.4. The right to administer religiousinstitutions
Course Takeaway- The students will learn about the dynamics of religious pluralism
and legal pluralism wherein in India we find a combination of both, personal laws of
specific religions as also the state laws sometimes in variation with one another and
how within this context the ‘freedom of religion’ and principle of ‘secularism’ operate
and how the Constitution is interpreted. The student shall also learn that religious
freedom is not an absolute right and is subject to various restrictions.
MODULE-V:
69
India as a country is a land of varied spiritual beliefs, culture and philosophical
thinking. When it comes to their religion, people in India have a strong faith and
dependence. This results in clash between each of the spiritual beliefs each competing
with the other as well as one also sees operation of legal pluralism in the sense some
of the orthodox customs still continue due to the hold of cultural inertia. This module
will examine the myriad ways in which religions in India compete with each other
sometimes with politics and also interact in a unique way with modernity and
secularism.
5.1 Problems in Indian society - Sati, Child marriage, Untouchablity, Tripletalaq

5.2 Faith Vs. Rights- Ram Mandir and Babri Masjeed; Entry of women into
Sabarimala Temple; Conversions; Cow slaughter and beef ban; Administration of
Puri Jagannath Temple; Basis of Indian citizenship and inter-religious marriages.
Course Takeaway- The students will get exposed to the issues rising in practice of
orthodoxy in India’s faith communities and it gives rise to social problems in Indian
society.
Reading List
(Text Books )
1.J.N.Pandey, ‘Constitutional Law of India’, Central Law Agency, Allahabad,

51stEdition, 2018
2. Durga Das Basu, ‘Introduction to the Constitution of India’, 23rd Edition,

LexisNexis
3. M.Francis Abraham,2006, “Contemporary Sociology”, Oxford
(Reference Books)
1. John Whitte Jr and M. Christian Green eds., ‘Religion and Human Rights: An
Introduction, Oxford University Press, December2011
(Journal Articles)
1.Shailer Mathews, ‘The Evolution of Religion’ in The American Journal

of Theology, Vol. 15, No.1(Jan. 1911) pp.57-82
2.R.R.Marett, ‘Origin and Validity in Religion’ in The American Journal of
Theology, Vol. 20, No. 4(Oct. 1916) pp.517-535
3.Charles A. Elwood, ‘Religion and Social Control’ in The Scientific Monthly, Vol. 7,
No.4(Oct. 1918) pp.335-348
70
4.Edward Alsworth Ross, ‘Social Control V. Religion’ in American Journal of
Sociology, Vol. 2, No. 3(Nov. 1896) pp.433-445
5.Shalome H. Shwartz and Sipke Huismans, ‘Value Priorities and Religiosity
in Four Western Religions’ in Social Psychology Quarterly, 1995, Vol.58,
No.2, pp.88-107
6.Harry Elmer Barnes, ‘Theories of the Origin of the State in Classical
Political Philosophy’ in The Monist, Vol. 34, No.1(Jan. 1924) pp.15-62
….………………………………………………………………………..
Resource Persons
International
Name- Swetha Ballakrishnen
Contact Details- sballakrishnen@law.uci.edu
Name- Ulrike Schultz

Contact Details- ulrike.schultz@fernuni-hagen.de
National
Name-Padma Bhushan Prof. T.K.Oommen (Professor Emeritus, JNU)
Contact Details- tkoommen@gmail.com
Name- Prof. Faizan Mustafa, Vice Chancellor, NALSAR University,

Hyderabad
Contact Details- mustafa.faizan@gmail.com
Name- Prof. Avijit Pathak, Professor, Centre for Study of Social Systems, SSS,
JNU
Contact Details- avijit@mail.jnu.ac.in
71
2nd SEMESTER
SPRING SEMESTER
LL.M 2ND SEMESTER
LW 6678: PUBLIC POLICY DEVELOPMENT
(Sem. 02/Paper-04)
Credits: 04: Total Class Hours: 60 (including tutorials & proctors
COURSE DESCRIPTION:
This subject Public Policy Development focuses on some of key conceptual issues
related to policy, public policy, governance, and administrative governance etc. It has
been divided into five modules. The first module describes the conceptual part of the
subject and highlights on understanding of basics of policy, public policy, law,
institutions and political governance system. The second module introduces the
administrative governance and describes different challenges of policy
implementation. The third module attempts to discuss the role of non-State actors in
policy making and governance process. The fourth module highlights policy control
specifically by legislature, executive and judiciary. The fifth module focuses on
paradigms of governance-policy making and administrative governance form
administrative welfare State to neo-liberal State
1. To understand the fundamental concepts public policy.
2. To motivate the students to learn many administrative aspects related to policy,
public policy, constitutional and administrative governance process that will be
useful in their professional life.
3. To familiarize the students with recent developments in public policy.
4. To understand the structures, different institutions and administrative governance
system.
5. To inform the students regarding policy control mechanisms in public policy.
6. To understand how the paradigm shift takes place from government policy to
administrative governance.
TEACHING METHOD:
The teaching method includes face-to-face teaching (lecture method), discussion
method, and followed flipped classroom model (during virtual mode of teaching),
along with the group discussion. It also consists of project assignments, debates and
72
discussion and supplemented with reading materials of different books, journal
articles and different official documents.
MODULE – 1: Introduction to Public Policy Development

This module introduces basic concept of public policy, different stages of public
policy making and finally discusses how law can be considered as an instrument to
understand policy. It also discusses role of different institutions and governance in
policy making process.
1.1. Public Policy - Meaning, policy making process and impact study
1.2. Policy - Definition and policy formulation
1.3. Law as an instrument of policy
1.4. The institution and process of political governance
Theory: Theories of public policy

Course takeaways: Understanding of different concept i.e public policy, governance,
State, different institutions and different theories of public policy.
MODULE–2: Administrative Governance

This module gives an idea in understanding administrative governance and major
challenges in policy implementations. It also discusses primary actors involved in
policy implementations and policy interventions.
2.1. The challenges of policy implementation
2.1. The primary actors in policy implementation
2.3. Instruments and instrumentalities of policy intervention
Theory:Public policies
Course takeaways: Understanding different primary actors involved in policy
implementation.
MODULE–3: Role and influence of Non-State Actors in Policy Making and

Administrative Governance
This module introduces functions of Non-State actors in policy making and also in
administrative governance process. The Non-State actors such as political parties,
73
industrial lobbies and pressure groups tried to influence in policy making decision and
policy formulation.
3.1. Role of political parties
3.2. Industrial lobbies
3.3. Other pressure groups
Theory: Theory related to administrative governance
Course takeaways: Understanding the role of non-State actors in policy making
process and how these non-State actors influence policy decisions.
MODULE – 4: Policy Control
This module focuses on policy control measures in policy decision process.
According to Indian Constitution, all policies need to be controlled by major three
wings i.e. legislature, executive and judiciary of government. They play a vital role in
policy decision and implementation process.
4.1. Grounds of policy Control
4.2. Policy control by Legislature
4.3. Policy control by Executive
4.4. Policy control by Judiciary
Theory: Theoretical aspects of administrative governance
Course takeaways: Understanding different mechanisms set-up for controlling public
policy in India.
MODULE–5: Paradigms of Governance-Policy Making and Administrative

Governance form Administrative Welfare State to Neo-liberal State
This module focuses on paradigm shift of policy governance in a administrative
welfare State to neo-liberal State. It also gives importance on law and how it helps in
social and political change in the society. In addition, this module highlights the
public policy challenges in the contemporary times.
5.1. Law and social change
5.2. Law and political change
5.3. Law and globalization
5.4. Public policy challenges in contemporary times
74
Theory: Social and political change in the context of globalization
Course takeaways: Understanding the role of law in bringing social and political
change in the society.
REFERENCES:
1.Thomas A. Birkland,”An Introduction to the Policy Process: Theories, Concepts, and

Models of Public Policy Making”, 4th Ediction, Routledge Taylor & Francis Group, 2011.
2.Mark Bevir, “Governance: A Very Short Introduction”, Oxford University Press, 2012.
3. B. Guy Peters, “Advanced Introduction to Public Policy” , 2015
4. John Pierre and B. Peters, “Governance, Politics and State”, Palgrave Macmillan,
2000.
7. Bidyut Chakrabarty & Prakash Chand, “Public Policy: Concept, Theory and
Practice” , Sage Texts, 2016.
7. Michael Hill and Peter Hupe, “Implementing Public Policy: An Introduction to the
Study of Operational Governance”, 3rd Edition, Sage Publication, 2014.
8. Prabir Kumar De, “ Public Policy and Systems”, Pearson, 2012.
9. Thomas R. Dye, “Understanding Public Policy”, Pearson, 2013.
10. Kuldeep Mathur, “Public Policy and Politics in India: How Institutions Matter?”, Oxford
University Press, 2013.
11. Paul Cairney, “Understanding Public Policy Theories and Issues”, Pal Grave,
2011..
12. R.K. Sapru, “Public Policy: Art and Craft of Policy Analysis”, PHI Learning
Private Limited, 2015.
75
RESEARCH ARTICLES:
1. Alice Woolley, Legitimating Public Policy, The University of Toronto Law

Journal, Vol. 58, No. 2 (Spring, 2008), pp. 153-184.
2. Olena Hankivsky, Renee Cormier, Intersectionality and Public Policy: Some

Lessons from Existing Models, Political Research Quarterly, Vol. 64, No. 1 (MARCH
2011), pp. 217-229.
3. C P Barthwal, BL Sah, Role of Governmental agencies in Policy Implementation,

The Indian Journal of Political Science, Vol. 69, No. 3 (JULY - SEPT., 2008), pp.
457-472.
4. Deepta Chopra, Policy Making in India: A Dynamic Process of Statecraft, Pacific

Affairs, Vol. 84, No. 1, pp. 89-107.
5. Shannon K. Vaughan, Shelly Arsneault, A Core Issue: The Inseparable

Relationship Between Nonprofits and Public Policy, Journal of Public Affairs
Education, Vol. 21, No. 3 (SUMMER 2015), pp. 349-366.
7. Allan McConnell, Policy Success, Policy Failure and Grey Areas In-Between, Journal of
Public Policy, Vol. 30, No. 3 (December 2010), pp. 345-362.
8. Rogene A. Buchholz, Sandra B. Rosenthal, Stakeholder Theory and Public Policy: How
Governments Matter, Journal of Business Ethics, Vol. 51, No. 2, Promoting Business
Ethics (May, 2004), pp. 143-153.
76
Cover Desiging by : KIIT Publication Cell

KIIT

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

KIIT

Uploaded by

Copyright:

Available Formats

LLM PAPERS

At the end of the course, the students will be able to:

1. To develop an understanding of the fundamentals of the science of research

2. To understand the techniques of construction of research design and sampling design

3. To develop skills in legal research writing

4. To develop operational skills in social statistics.

Module I: Conceptualising Research Methodology

1.1. Meaning and Purpose of Research

Module 2: Defining the Research Problem and the Design of Research

Identification of the research problem is an eminent step in research failure to do so

2.1. Selection and formation of problem for research

2.2. Conceptualization, Operationalization and Levels of Measurement, Validity and

2.3. Formation of hypothesis, its necessity, and characteristics

2.4. Purpose, types, steps in Research Design, Time Frame of research

Course takeaway: Appreciation of the importance of research design, hypothesis,

Module 3: Sampling Design

The perfect design of a sample is important to authenticate research findings and

3.1. Sample, sampling and Sampling error

3.2. Merits of a good sample

3.3. Classifying Sampling Technique

Course Takeway: Appreciation for the importance of sampling in research

1.ILI Law Journal on Research Methodology, 1982- I.L.I.J. Vol. 24.

Books for advanced Reading:

National Resource Persons

MODULE – 1: Introduction to Systems of Governance

MODULE – 2: Structure of State and Forms of Government

Number of hours: 16 Hours

MODULE – 3: Restrictions and Checks on Governmental Power

MODULE – 4: Problems Faced in Governance

MODULE – 5: Good Governance

1. Bruce R. Scott, “Capitalism: Its Origin and Evolution as a System of Governance”,

6. V.N. Shukla, “Constitutional Law”, 13th Edition, EBC, 2019.

2.Michael J. Matheson, United Nations Governance of Postconflict Societies, The American

3. Terry M. Moe, Michael Caldwell, The Institutional Foundations of Democratic

4. Mark Bevir, Democratic Governance: Systems and Radical Perspectives, Public

1 Prof. (Dr.) Kenneth Holland Prof. Ananta Giri

2 Dr. Abin Thomas Prof Aseem Prakash

MODULE – 1: Introduction to Systems of Governance

MODULE – 2: Structure of State and Forms of Government

Number of hours: 16 Hours

MODULE – 3: Restrictions and Checks on Governmental Power

MODULE – 4: Problems Faced in Governance

MODULE – 5: Good Governance

16. V.N. Shukla, “Constitutional Law”, 13th Edition, EBC, 2019.

2.Michael J. Matheson, United Nations Governance of Postconflict Societies, The American

3. Terry M. Moe, Michael Caldwell, The Institutional Foundations of Democratic

4. Mark Bevir, Democratic Governance: Systems and Radical Perspectives, Public

Sl. No. Resource Person (International) Resource Person (National)

1 Prof. (Dr.) Kenneth Holland Prof. Ananta Giri

2 Dr. Abin Thomas Prof Aseem Prakash

MODULE I-Debates on Law & Justice

1.1 Nature and meaning of Law

Module II: Theoretical Propositions of Global Justice

2.1 Global Justice and Legal Theory

Total number of hours: 12 hours

Module III: Globalization and its International trends

Total number of hours: 12 hours

Module IV : Impact of Globalization on Administration of Justice In India

4.1 Globalization and access to justice in India

Total number of hours: 12 hours

Module V: Newer Dynamics of Law And Justice in a Changing World

Total number of hours: 12 hours

1. Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545

Case References: (International)