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LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 1 of 64
Study & Evaluation Scheme
of
LL.M.
Two Years Master Degree Programme [Applicable w.e.f. Academic Session 2011-12 till revised]
TEERTHANKER MAHAVEER UNIVERSITY N.H.-24, Delhi Road, Moradabad, Uttar Pradesh-244001
Website: www.tmu.ac.in
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 2 of 64
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DDeellhhii RRooaadd,, BBaaggaarrppuurr,, MMoorraaddaabbaadd ((UU..PP))
Study & Evaluation Scheme of
LL.M. PROGRAMME
SUMMARY
Programme : LL.M. (Master Degree Program)
Duration : Two-Year full time (Four Semesters)
Medium : English
Minimum Required Attendance : 75 %
Maximum Credits : :
96
Minimum credits required for the degree
: 92
Assessment Criteria : Internal External Total
30 70 100
Internal Evaluation Criteria (Theory Papers)
Class
Test
I
Class
Test
II
Class
Test
III
Assign
ment(s)
Other
Activity
(including
attendance
Total
Best two out of the
three
10 10 10 5 5 30
Evaluation of Practical &
Dissertations & Project Reports :
Internal External Total
50 50 100
Duration of Examination : External Internal
To qualify the course a student is required to secure a minimum of 40% marks in aggregate including the semester
end examination and teachers continuous evaluation.(i.e. both internal and external).
A candidate who secures less than 40% of marks in a course shall be deemed to have failed in that course. The
student should have at least 50% marks in aggregate to clear the semester. In case a student has secured more than 40% in each course, but less than 50% in a semester , he/she shall re-appear in courses where the marks are less
than 50% to achieve the required aggregate percentage (of 50%) in the semester.
Question Paper Structure 1. The question paper shall consist of eight questions. Out of which first question shall be of short answer type
(not exceeding 50 words) and will be compulsory. Question No. 1 shall contain 8 parts representing all units
of the syllabus and students shall have to answer any five (weightage 4 marks each).
2. Out of the remaining seven questions, a student shall be required to attempt any five questions. There will be
minimum one and maximum two questions from each unit of the syllabus. The weightage of Question No. 2 to
8 shall be 10 marks each.
3 hrs. 1 ½ hr.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 3 of 64
STUDY & EVALUATION SCHEME OF LL.M. PROGRAMME
SEMESTER I
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLM101 Judicial Process 4 - - 4 30 70 100
2 LLM102 Constitutionalism 4 - - 4 30 70 100
3 LLM103 Legal Education &
Research Methodology 4 - - 4 30 70 100
4 LLM104 Law and Social
Transformation in India 4 - - 4 30 70 100
5 LLM151 Project Work - - 12 6 50 50 100
Total 16 - 12 22 170 330 500
SEMESTER II
OPTIONAL GROUP
Note: The students have the option to select one specialization group out of the following-
ELECTIVE-I – CORPORATE LAW
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLMA201 Law of Industrial and
Intellectual Property 4 - - 4 30 70 100
2 LLMA202 Legal Regulation of
Economic Enterprises 4 - - 4 30 70 100
3 LLMA203 Import & Export
Regulations 4 - - 4 30 70 100
4 LLMA251 Project Work - - 16 8 50 50 100
5 LLMA252 Comprehensive Viva -
Voce - -
6 50 50 100
ELECTIVE-II – CRIMINAL LAW
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLMB201 Criminal Law in India 4 - - 4 30 70 100
2 LLMB202 Criminology & Penology 4 - - 4 30 70 100
3 LLMB203 Privileged Class Deviance 4 - - 4 30 70 100
4 LLMB251 Project Work - - 16 8 50 50 100
5 LLMB252 Comprehensive Viva -
Voce - - - 6 50 50 100
Total 12 - 16 26 190 310 500
Total 12 - 16 26 190 310 500
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 4 of 64
ELECTIVE-III – CONSTITUTION AND LEGAL ORDER
Union-State Financial
Relations 4 - - 4 30 70 100
3 LLMC203
Civil & Political Rights-
Comparative Study of
Selected Constitutions
4 - - 4 30 70 100
4 LLMC251 Project Work - - 16 8 50 50 100
5 LLMC252 Comprehensive Viva -
Voce - - - 6 50 50 100
SEMESTER III
Note: The specialization group selected in the II semester shall remain the same in the III Semester
ELECTIVE-I – CORPORATE LAW S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLMA301 Banking Law 4 - - 4 30 70 100
2 LLMA302 Insurance Law 4 - - 4 30 70 100
3 LLMA303 Corporate Finance 4 - - 4 30 70 100
4 LLMA351 Project Work - - 16 8 50 50 100
5 LLMA352 Comprehensive Viva -
Voce - - - 6 50 50 100
Total 12 - 16 26 190 310 500
ELECTIVE-II – CRIMINAL LAW
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLMB301 Comparative Criminal
Procedure 4 - - 4 30 70 100
2 LLMB302 Socio-Economic Offences 4 - - 4 30 70 100
3 LLMB303 Collective Violence &
Criminal Justice System 4 - - 4 30 70 100
4 LLMB351 Project Work - - 16 8 50 50 100
5 LLMB352 Comprehensive Viva -
Voce - - - 6 50 50 100
Total 12 - 16 26 190 310 500
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
100
2 LLMC202
1 LLMC201 Mass Media Law 4 - - 4 30 70
Total 12 - 16 26 190 310 500
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 5 of 64
ELECTIVE-III – CONSTITUTION AND LEGAL ORDER
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLMC301 Constitutionalism:
Pluralism and Federalism 4 - - 4 30 70 100
2 LLMC302 Human Rights 4 - - 4 30 70 100
3 LLMC303 National Security, Public
Order, and Rule of Law 4 - - 4 30 70 100
4 LLMC351 Project Work - - 16 8 50 50 100
5 LLMC352 Comprehensive Viva -
Voce - - - 6 50 50 100
Total 12 - 16 26 190 310 500
SEMESTER IV
S.
No.
Course
Code
Subject Periods Credits Evaluation Scheme
L T P Internal External Total
1 LLM451 Dissertation - - - 16 50 50 100
2 LLM452 Comprehensive Viva -
Voce - - - 6 50 50 100
Total - - - 22 100 100 200
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 6 of 64
LL.M.–Semester I
JUDICIAL PROCESS
Course Code: LLM101 L- 4, T-0, P-0, C-4
Objective: A lawyer, whether academic or professional, is expected to be competent to analyse and
evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on Judicial
Process is essential in the LL.M curriculum. The objective of this paper is to study the nature of judicial
process as an instrument of social ordering. It is intended to highlight the role of court as policy maker,
participant in the power process and as an instrument of social change. This paper further intends to
expose the intricacies of judicial creativity and the judicial tools and techniques employed in the process.
Since the ultimate aim of any legal process or system is pursuit of justice, a systematic study of the
concept of justice and its various theoretical foundations is required. This paper, therefore, intends to
familiarize the students with various theories, different aspects and alternative ways, of attaining justice.
Course Contents:
Unit – I (8 Hours)
Introduction 1. The concept of justice and relation between Law and Justice.
2. The concept of ‘Dharma’ in Indian thought.
3. ‘Dharma’ as the foundation of legal ordering.
4. Various theories of justice in the Western thought.
Unit – II (8 Hours)
The nature of Judicial Process
1. Judicial process as an instrument of social ordering.
2. Judicial process and creativity in law.
3. The tools and techniques of judicial creativity and precedents.
Unit – III (8 Hours)
Judicial Process in India
1. Indian debate on the role of judges and on the notion of judicial review.
2. Danger signals and New challenges before the Indian Judiciary.
Unit – IV (8 Hours)
Independence of judiciary and the nature of judicial process 1. Provisions of the Indian Constitution guaranteeing Independence of judiciary.
2. Attitude of confrontation with the Legislature & Executive.
3. Appointment & transfer of judges and its effect on independence of judiciary.
Unit – V (8 Hours)
Judicial Activism and Constitutional obligations of the court 1. Evolution of the concept. Reasons in defense of judicial activism.
2. Constitution of India and judicial activism.
3. Role played by the Supreme Court of India.
4. The tools and techniques of the judicial activism.
5. Need for care and caution.
6. Decision making in the Supreme Court of India
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 7 of 64
Suggested Reading: 1. Julius Store, The Province and Function of Law, Part II, Chs. 1. 8-16 (2000), Universal, New Delhi.
2. Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi
3. Henry J.Abraham , The Judicial Process (1998), Oxford.
4. J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworths
5. W.Friedmann, Legal Theory (1960), Stevens, London
6. Bodenheimer, Jurispurdence - the Philosophy and Method of the Law (1997), Universal, Delhi
7. J..Stone, Legal System and Lawyers' Reasonings (1999), Universal, Delhi
8. U.Baxi, The Indian Supreme Court and Politics (1980), Eastern,Lucknow.
9. Rajeev Dhavan, The Supreme Court of India - A Socio -Legal Critique of its Juristic Techniques
10. (1977), Tripathi, Bombay.
11. John Rawls, A Theory of Justice (2000), Universal, Delhi
12. Edward H.Levi, An Introduction to Legal Reasoning (1970), University of Chicago.
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 8 of 64
Semester I
CONSTITUTIONALISM
Course Code: LLM102 L- 4, T-0, P-0, C-4
Objective: The Constitution, a living document, is said to be always in the making. The judicial process
of constitutional interpretation involves a technique of adapting the law to meet changing social mores.
Constitution being the fundamental law, an insight into its new trends is essential for a meaningful
understanding of the legal system and processes. The post graduate students in law who had the basic
knowledge of Indian Constitutional Law at LL.B level, should be exposed to the new challenges and
perspectives of constitutional development while they are allowed to choose an area of law for
specialisation. Obviously, rubrics under this paper require modification and updating from time to time.
Course Contents:
Unit – I (8 Hours)
Constitution 1. Meaning
2. An Over view of Indian Constitution
Unit – II (8 Hours)
Constitutionalism and Rule of Law
1. Meaning and Development
2. Indian Position
Unit – III (8 Hours)
Federalism 1. Meaning and Development
2. Overview of American and Canadian Position
3. Indian Position
Unit – IV (8 Hours)
Constitution and the Society in India 1. Equality Clause
2. Majority-Minority Interface
3. Dalit Perspective
4. Developmental Perspective
5. Need for Review
Unit – V (8 Hours) 1. Justice Delivery System in India
2. Overview of the system
3. Judicial Activism
4. Judicial Reforms
Suggested Reading: 1. C.H. McIIwain, Constitutionalism: Ancient and Modern (1947)
2. A.V. Dicey, Introduction to the Study of Law of the Constitution (1982 edition)
3. Indira Nehru Gandhi v. Raj Narain AIR 1975Sc 2299
4. P.K.Tripathi, Rule of Law, Democracy and Frontiers of Judicial Activism 17, Journal of the Indian
Law Institute 25 (1975)
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 9 of 64
5. Larry Alexander (ed) Constitutionalism: Philosophical Foundations (Cambridge University Press
1998)
6. M.P. Singh , Federalism, Democracy and Human Rights 47, Journal Of the Indian Law Institute 47
(2005)
7. C.J. Friedrich, Constitutional Government and Democracy, (Indian edition reprint 1974)
8. K.C. Wheare, Federal Government Chapter I and II 4th Edition 1963
9. Granville Austin: The Indian Constitution: Cornerstone of a Nation (1966)
10. B.D. Dua and M.P. Singh, Indian Federalism in the New Millennium (2003) Manohar Delhi
11. State of West Bengal v Union of India AIR 1963 SC, 1241 and S.R.Bommai v Union of India AIR
1994 SC 1918
12. Parmanand Singh, Social Rights and Good Governance, in Raj Kumar and D.K. Srivastave (eds)
Human Rights and Development: Law, Policy and Governance , Chapter 24, pp 437-454 Lexis
Nexis, Hong Kong (2006)
13. P.A Inamdar v State of Maharashtra 2005 6 SCC 537, Pai Foundation 2002 8 SCC 481
14. Parmanand Singh , Hunger Amidst Plenty: Reflections on Law, Poverty and Governance, 48,
Journal of the Indian Law Institute 57-77 (2006)
15. Girish Agrawal and Colin Gonsalves , Dalits and the Law, (Human Rights Law Network) New Delhi
(2003)
16. Parmanand Singh, Equality and Compensatory Discrimination: The Indian Experience, in
Chokalingam and Raj Kumar (eds) Human Rights, Criminal Justice and Constitutional
Empowerment , Chapter 7 , Oxford Delhi(2006)
17. Amratya Sen, Development As Freedom (2000)
18. Parmanand Singh, Administration of Minority Institutions : Constitution Does Not Sanction
Oppression, in Tahir Mahmood (ed) Minority and State at the Indian Law 106(1991)
19. Parmanand Singh, Scheduled Castes and the Law, in Upendra Baxi (ed) Law and Poverty: Critical
Essays 132 (1988)
20. Subhash C. Kashyap (ed) The Citizen and Judicial reforms under the Indian Polity (2003) Universal
Law Publishers Delhi
21. S.P. Sathe , Judicial Activism in India: Transgressing Borders and Enforcing Limits, (2003)
22. Parmanand Singh, Protecting Human Rights Through Public Interest Litigation, 42 Journal of The
Indian Law Institute 200(2000)
23. Final report of the Commission to Review the Working of the Constitution: Chairman. Justice M.N.
Venkatachalliah (2002) http://lawmin.nic.in/ncrwc/finalreport.htm
24. A.S. Anand, Judicial Activism :Need For Caution 42 Journal of the Indian Law Institute 149-
59(2000)
25. Parmanand Singh, Judicial Socialism and Promises of Liberation: Myth and Truth 28, Journal of the
Indian Law Institute 337-47(1986)
26. In re Presidential Reference, AIR 1999 SC,1
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 10 of 64
Semester I
LEGAL EDUCATION AND RESEARCH METHODOLOGY
Course Code: LLM103 L- 4, T-0, P-0, C-4
Objective: A post-graduate student of law should get an insight into the objectives of legal education.
He should have an exposure to programmes like organisation of seminars, publication of law journals
and holding of legal aid clinics.
Law is taught in different ways in different countries. The LL.M course, being intended to
produce lawyers with better competence and expertise, it is imperative that the student should
familiarise himself with the different systems of legal education. The lecture method both at LL.B level
and LL.M level has many demerits. The existing lacunae can be eliminated by following other methods
of learning such as case methods, problem method, discussion method, seminar method and a
combination of all these methods. The student has to be exposed to these methods so as to develop his
skills.
Growth of legal science in India depends on the nature and career of legal research. The syllabus
is designed to develop skills in research and writing in a systematic manner.
Course Contents:
Unit – I (8 Hours)
Legal Education 1. Objectives of Legal Education.
2. Lecture method of teaching. Merits and Demerits.
3. Discussion method and Seminar method of Teaching.
4. Examination system and problems in evaluation
Unit – II (8 Hours)
Precepts
1. Nature
2. Objectives
3. Types: Doctoral and Non-Doctoral
Unit – III (8 Hours)
Necessary Steps
1. Identification and Formulation of Research Problem
2. Hypothesis and Research Design (Characteristics and contents)
3. Processing the Plan of Research: Data Collection, Analysis and use of Internet and other
technologies
Unit – IV (8 Hours)
Techniques
1. Census and Survey
2. Sampling: Types, Merits and Demerits
3. Report Writing
Unit – V (8 Hours)
Conduct of Research
1. Supervision
2. Guide lines for researchers
Suggested Reading:
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 11 of 64
1. S.K. Verma and M. Afzal Wani (Eds.) Legal Research and Methodology, ILI (2001) 2nd Edition.
2. Baxi, Upendra, ‘Socio-Legal Research in India – A Program Schriff, ICSSR, Occasional
Monograph, 1975.
3. Cohen, Morris L., ‘Legal Research’, Minnesota, West Publishing Co. 1985.
4. Ghosh, B.N., ‘Scientific Method and Social Research’, New Delhi, Sterling Publishers Pvt. Ltd.,
1984.
5. Goode and Hatt, ‘Methods in Social Research’, Singapore, Mc. Graw Hill Book Co., 1985 (reprint).
6. Johari J.C. (ed), ‘Introduction to the Method of Social Sciences’, New Delhi, Sterling Publishers Pvt.
Ltd. 1988.
7. Kothari C.K., ‘Research Methodology: Method and Techniques’ New Delhi, Wiley Eastern Ltd.,
1980.
8. Stone, Julius, ‘Legal System and Lawyer’s Reasoning’, Sydney, Maitland Publications, 1968
9. High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active Learning in your
10. Law School, (1998) Blackstone Press Limited, London
11. S.K.Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay.
12. N.R. Madhava Menon, (ed) A Handbook of Clinical Legal Education, (1998) Eastern Book
Company, Lucknow.
13. M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)
14. Pauline V. Young, Scientific Social Survey and Research, (1962)
15. William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book Company,
London
16. H.M.Hyman, Interviewing in Social Research (1965)
17. Payne, The Art of Asking Questions (1965)
18. Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)
19. Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.
20. Havard Law Review Association, Uniform System of Citations.
21. ILI Publication, Legal Research and Methodology.
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 12 of 64
Semester I
LAW AND SOCIAL TRANSFORMATION IN INDIA
Course Code: LLM104 L- 4, T-0, P-0, C-4
Objective: This course is designed to offer the teacher and the taught with - (a) awareness of Indian
approaches to social and economic problems in the context of law as a means of social control and
change; and (b) a spirit of inquiry to explore and exploit law and legal institutions as a means to achieve
development within the framework of law. The endeavour is to make the students aware of the role the
law has played and has to play in the contemporary Indian society
Course Contents:
Unit – I (8 Hours)
Introduction 1. Law
2. Social Sciences
Unit – II (8 Hours)
Interaction & Impact 1. Interaction of Law and Social Sciences
2. Impact of Social Development of Law
Unit – III (8 Hours)
Instrument Approach & Morality 1. Law as an instrument of Social Change
2. Legal Idealism and the Sociological approach to Law
3. Social Morality and Legal Order
Unit – IV (8 Hours)
Role of Law 1. Role of Law, the individual and the welfare state
2. Role of Law and the function of lawyer
Unit –V (8 Hours)
Law: Reforms & Modernization
1. Economic, Social and Political Reforms and the Law
2. Modernization and the Law.
Suggested Reading:
1. Marc Galanter (ed.), Law and Society in Modern India (1997 ) Oxford,
2. Robert Lingat, The Classical Law of India (1998), Oxford
3. U. Baxi, The Crisis of the Indian Legal System (1982). Vikas, New Delhi.
4. U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi, Bombay.
5. Manushi, A Journal About Women and Society.
6. Duncan Derret, The State, Religion and Law in India (1999). Oxford University Press, New Delhi.
7. H.M. Seervai, Constitutional Law of India (1996), Tripathi.
8. D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.
9. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000) Armol Publications, Delhi.
10. Savitri Gunasekhare, Children, Law and Justice (1997), Sage
11. Indian Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)
12. J.B. Kripalani, Gandhi: His Life and Thought, (1970)Ministry of Information and Broadcasting,
Government of India
13. M.P.Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.
14. Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999), Oxford
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 13 of 64
Semester I
PROJECT WORK
Course Code: LLM151 L- 0, T-0, P-12, C-6
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 14 of 64
Semester II
ELECTIVE-I (CORPORATE LAW)
LAW OF INDUSTRIAL AND INTELLECTUAL PROPERTY
Course Code: LLMA201 L-4, T-0, P-0, C-4
Objective: The concept of intellectual property rights as developed in India cannot be divorced from the
developments in the international arena as well as in the nation-to-nation relations. The impact of IPR
regime on the economic front is emphasised in this paper. In particular, greater attention would be given
here to the law relating to unfair and restrictive trade practices as affecting the regime of intellectual
property rights. New areas of development, especially plant patenting and patenting of new forms of life
(biotechnology) should receive special attention. Evidentiary aspects of infringement and human right
dimensions of the regime of intellectual property law will also be addressed.
Course Contents:
Unit – I (8 Hours)
Introduction
1. IPR and International Perspectives
2. Trademarks and Consumer Protection (Study of UNCTAD report on the subject)
3. The Legal Regime of Unfair Trade Practices and of Intellectual Industrial Property
4. United Nations approaches (UNCTAD, UNCITRAL)
5. EEC approaches
6. Position in U.S.
7. The Indian situation.
8. Special Problems of the Status of Computer Software in Copyright and Patent Law: A Comparative
Study.
Unit – II (8 Hours)
Biotechnology Patents
1. Nature and types of biotechnology patents
2. Patent over new forms of life: TRIPS obligations
3. Plant patenting
4. Sui generis protection for plant varieties
5. Multinational ownership
6. Regulation of environment and health hazards in biotechnology patents
7. Indian policy and position.
Unit – III (8 Hours)
Patent Search, Examination and Records
1. International and global patent information retrieval systems (European Patent Treaty).
2. Patent Co-operation Treaty( PCT )
3. Differences in resources for patent examination between developed and developing societies
4. The Indian situation
Unit – IV (8 Hours)
Special Problems of Proof of Infringement 1. Status of intellectual property in transit - TRIPS obligation - Indian position.
2. The evidentiary problems in action of passing off.
3. The proof of non-anticipation, novelty of inventions protected by patent law
4. Evidentiary problems in piracy : TRIPS obligation - reversal of burden of proof in process patent
5. Need and Scope of Law Reforms.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 15 of 64
Unit – V (8 Hours)
Intellectual Property and Human Right
1. Freedom of speech and expression as the basis of the regime of intellectual property right - copyright
protection on internet - WCT (WIPO Copyright Treaty, 1996).
2. Legal status of hazardous research protected by the regime of intellectual property law.
3. Human right of the impoverished masses intellectual property protection of new products for
healthcare and food security
4. Traditional knowledge - protection- biodiversity convention- right of indigenous people.
Suggested Reading:
1. Special attention should be given to literature of the U.N. System, WIPO and the UNESCO. 2. Terenee P. Stewart (ed.), The GATT Uruguay Round: A Negotiating History (1986-1994) the End
Game (Part - 1)(1999), Kluwer
3. Iver P. Cooper, Biotechnology and Law (1998), Clerk Boardman Callaghan, New York.
4. David Bainbridge, Software Copyright Law (1999), Butterworths
5. Sookman, Computer Law (1998), Carswell
6. Carlos M. Correa(ed.), Intellectual Property and International Trade (1998), Kluwer
7. Patent Co-operation Treaty Hand Book (1998), Sweet and Maxwell
8. Christopher Wadlow, The Law Of Passing-Off (1998), Sweet and Maxwell
9. W.R.Cornish, Intellectual Property Law (1999), Sweet and Maxwell
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 16 of 64
Semester II
LEGAL REGULATION OF ECONOMIC ENTERPRISES
Course Code: LLMA202 L-4, T-0, P-0, C-4
Objective: A greater emphasis has been laid on the growth of our economy after independence. The
focus is on growth, both in public and private sectors, so as to cope up with the problems of population
explosion. We have found that there is now almost a circle from laissez faire to welfare state and again
back to laissez faire. Adoption of the concept of global economy in the presence of the socialistic which
perspectives in the Constitution presents a dilemma. The trends of liberalisation starting in the early
nineties and continuing till date, bring a shift in focus of regulation in diverse fields of economic
activities.
This course is designed to acquaint the students of the eco-legal perspectives and implications of such
developments. It will comprise of about 42 units of one-hour duration each spread over a period of one
semester.
Course Contents:
Unit – I (8 Hours)
The Rationale of Government Regulation
1. Constitutional perspectives
2. The new economic policy - Industrial policy resolutions, declarations and statements
3. The place of Public, small scale, co-operative, corporate, private and joint sectors - in the changing
context
4. Regulation of economic activities
5. Disclosure of information
6. Fairness in competition
7. Emphasis on consumerism
Unit – II (8 Hours)
Industrial Development, Management, of Sick undertakings and Licensing Policy 1. Development and Regulation of Industries
2. Take-over of Management and Control of Industrial Units
3. Sick Undertakings: Nationalisation or Winding Up?
4. Licensing Policy and Legal Process - Growing Trends of Liberalisation
5. Deregulation of essential commodities: developmental sign or a social mishap?
6. Financial Services: Changing Techniques of Regulation
Unit – III (8 Hours)
Critical Issues Regarding the Capital Issues
1. Equity and debt finance
2. Global depositories
3. De-materialised securities
Unit – IV (8 Hours)
Regulation, Control & Accountability of Hazardous Activities
1. Mass disaster and environmental degradation : legal liability and legal remedies
2. Public Liability Insurance : adequacy
3. Issues in zoning and location of industrial units
Unit – V (8 Hours)
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 17 of 64
Special Aspects of Legal Regulation of Select Public Enterprises 1. Telecom Regulatory Authority
2. Insurance Regulatory Authority
3. Broadcasting Regulatory Authority
4. Legal Regulation of Multi-Nationals
a. Collaboration agreements for technology transfer
b. Development and regulation of foreign investments
c. Investment in India : FDIs and NRIs
d. Investment abroad
Suggested Reading: 1. S. Aswani Kumar, The Law of Indian Trade Mark (2001), Commercial Law House, Delhi.
2. Industrial Policy Resolutions of 1948,1956, 1991
3. Industrial Licensing Policy 1970,1975
4. Industrial Policy Statements 1973,1977, 1980
5. Reports of Committees on Public Undertakings of Parliament.
6. Industries (Development and Regulation) Act, 1951
7. U. Baxi (ed.), Inconvenient Forum and Convenient Catastrophe The Bhopal Case, (1986) U. Baxi &
T. Paul (eds.), Mass Disasters and Multinational Liability (1986)
8. U. Baxi & A. Dhandba, Valiant Victims and Lethal Litigation: The Bhopal Case (1989)
9. Indian Law Institute, Law of international Trade Transactions, (1973)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 18 of 64
Semester II
IMPORT & EXPORT REGULATION
Course Code: LLMA203 L-4, T-0, P-0, C-4
Objective: After independence India has embarked upon all round efforts to modernise her economy
through various developmental ventures. Greater and greater emphasis is placed on increase of
production in both industrial and agricultural sectors. Besides, there was the ever-pressing need for
raising capital for investment in certain basic and key industries. All these required a considerably high
rate of investment of capital. The process of modernisation necessitated the adoption of newer
technologies for industry and agriculture. These technologies had to be borrowed from other developed
countries. This, in turn, needed foreign exchange which could be earned by the increase in exports of
goods and raw materials from India.
The need for accelerating the export trade of India's developing economy can hardly be over
emphasised. Export earnings enable a developing country to finance its massive requirements of growth,
to maintain its essential imports and thereby stimulate the process of its economic developments. In the
words of Prof. V.K. R.V. Rao: "In fact, expansion of exports may well be described as an integral part of
the development process, neglect of which can only be at the peril of development itself".
Increasing exports have been necessitated to meet the growing needs of defence. India is a country rich
in natural resources. One of the approaches to combat its economic backwardness could be in large-scale
production and in maximization of its exports.
Import and export of goods and raw materials is a complex, complicated and intricate activity. It
involves elaborate economic, fiscal, budgetary and monetary policy considerations. Export and Import
control policy is also closely connected with country's balance of payment position.
The detailed procedures for imports and exports are provided in the Hand Book. The Union Government
used to declare its import and export policy for a period of three-years. At present the policy is declared
for five years. The control on exports and imports are closely relateded with the Foreign Trade
Regulation Act 1992.
This course is designed to acquaint the students about the parameters of legal controls on imports and
exports.
The following syllabus has been prepared with these objectives comprised of 42 units of one-hour
duration, each spread over a period of one semester.
Course Contents:
Unit – I (8 Hours)
Introduction
1. State control over import and export of goods - from rigidity to liberalisation.
2. Impact of regulation on economy.
3. The Basic Needs of Export and Import Trade
a. Goods
b. Services
c. Transportation
4. International Regime
a. WTO agreement
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 19 of 64
b. WTO and tariff restrictions
c. WTO and non-tariff restrictions
d. Investment and transfer of technology
e. Quota restriction and anti-dumping
f. Permissible regulations
g. Quarantine regulation
h. Dumping of discarded technology and goods in international market
i. Reduction of subsidies and counter measures.
Unit – II (8 Hours)
General Law on Control of Imports and Exports 1. General scheme
2. Legislative control
3. Power of control : Central government and RBI
4. Foreign Trade Development and Regulation Act 1992
5. Restrictions under customs law
6. Prohibition and penalties
7. Export-Import formulation : guiding features
8. Control under FEMA
9. Foreign exchange and currency
10. Import of goods
11. Export promotion councils
12. Export oriented units and export processing zones
Unit – III (8 Hours)
Control of Exports
1. Quality control
2. Regulation on goods
3. Conservation of foreign exchange
4. Foreign exchange management
5. Currency transfer
6. Investment in foreign countries
Unit – IV (8 Hours)
EXIM Policy: Changing Dimensions & Law Relating to Customs
1. Exim Policy : Changing Dimensions
a. Investment policy : NRIs, FIIs (foreign institutional investors), FDIs
b. Joint venture
c. Promotion of foreign trade
d. Agricultural products
e. Textile and cloths
f. Jewellery
g. Service sector
2. Law Relating to Customs
a. Prohibition on importing and exporting of goods
b. Control of smuggling activities in export-import trade
c. Levy of, and exemption from, customs duties
d. Clearance of imported goods and export goods
e. Conveyance and warehousing of goods
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 20 of 64
Unit – V (8 Hours)
Regulation on Investment & Technology Transfer
1. Borrowing and lending of money and foreign currency
2. Securities abroad - issue of immovable property - purchase abroad
3. Establishment of business outside
4. Issue of derivatives and foreign securities – GDR (global depositories receipts), ADR (American
depository receipts) and EURO
5. Investment in Indian banks
6. Repatriation and surrender of foreign securities
7. Technology transfer
a. Restrictive terms in technology transfer agreements
b. Automatic approval schemes
Suggested Reading:
1. Government of India, Handbook of Import Export Procedures, (Refer to the latest edition)
2. Government of India Import and Export Policy (1997 -2002)
3. The Students should consult the relevant volumes of the Annual Survey of lndian Law, Published by
the Indian law Institute, New Delhi.
4. Foreign Trade Development and Regulation Act 1992 and Rules
5. Foreign Exchange Management Act 1999
6. Marine Products Export Development Authority Act 1972
7. Customs Manual (Latest edition)
8. Final Treaty of GATT, 1994.
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 21 of 64
Semester II
PROJECT WORK
Course Code: LLMA251 L- 0, T-0, P-16, C-8
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if
any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 22 of 64
Semester II
COMPREHENSIVE VIVA-VOCE
Course Code: LLMA252 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
2. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions asked
from their presentation in the class on any topic in front of a panel of at least three faculty member
appointed by the Director/ Principal of the College.
4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 23 of 64
Semester II
ELECTIVE-II (CRIMINAL LAW)
CRIMINAL LAW IN INDIA
Course Code: LLMB201 L-4, T-0, P-0, C-4
Objective: The Main Objective of criminal law is protection of society from the criminals. Crimes are
committed against the state and hence it goes to the courts for getting the offenders punished. When a
crime is committed, it means the state has failed in protecting person or property of the individual, it is
obligatory on the part of the state to maintain law and order in the country. The objective of the course is
to make the students aware about the criminal behaviour, its causes and how to control these activities
Course Contents:
Unit – I (8 Hours)
Introduction of Criminal Law
1. Crime and Criminal Law
2. Elements of Crime: Mens Rea, Recklessness, Negligence; Relevance of Motive; Strict Liability,
Joint and Constructive Liability
Unit – II (8 Hours)
Inchoate Crimes 1. Attempt
2. Criminal conspiracy
3. Abetment
Unit – III (8 Hours)
Defenses 1. Mistake
2. Necessity
3. Infancy
4. Unsoundness of mind
5. Intoxication
6. Consent
7. Compulsion by threat
8. Private defense
Unit – IV (8 Hours)
Specific Offences – I
1. Offences against human body
2. Offences against property:
Unit – V (8 Hours)
Specific Offences – II
1. Offences against marriage:
2. Offence against morals: obscenity.
3. Offence against state: sedition.
Suggested Reading:
1. Ratanlal and Dhirajlal – The Indian Penal Code
2. Gaur, H.S. – Penal Law of India
3. Glanville Williams – Textbook of criminal law
4. Russel on Crime
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 24 of 64
Semester II
CRIMINOLOGY & PENOLOGY
Course Code: LLMB202 L-4, T-0, P-0, C-4
Objective: Criminology is concerned with aetiology of crimes. The aetiology denotes the causation of
crime. There are various theories which throw light on the causes of crimes. Lombroso, the Italian
criminologist propounded, ‘Atavistic Theory’ according to which criminals are born not made, has
become obsolete today. Lombroso is called the father of criminology. In the modern time, social
environment is attributed to be the cause of crime. The objective of the course is to understand
criminology as well as penology in modern context.
Course Contents:
Unit – I (8 Hours)
Concept of Criminology 1. Definition, nature, scope and utility
2. Methods of criminological studies
Unit – II (8 Hours)
Schools & Theories
1. Schools of criminology: classical, biological cartographic, sociological and socialist.
2. Theorising criminal aetiology : Lombroso and Neo- Lombrosian, Psycho-analysis, Differential
Association, Anomie Tradition; Critical Criminology with reference to Labeling, Interactionism and
Conflict Theory
Unit – III (8 Hours)
Modern Trends 1. A brief discussion on Modern Trends in Criminology: Phenomenology, Postmodernism and
Feminism Crime and Feminism.
2. Juvenile delinquency
Unit – IV (8 Hours)
Punishment 1. Concept and Theories
2. Death Sentence
3. Treatment of offenders: Prison, Probation and Parole
4. Sentencing
Unit – V (8 Hours)
Victimology
1. Concept
2. Statutory Provisions
Suggested Reading: 1. Sutherland and Crssey – Criminology
2. Siddique Ahmed– Criminology
3. Mrs. Vedkumari – Juvenile Justice
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 25 of 64
Semester II
PRIVILEGED CLASS DEVIANCE
Course Code: LLMB203 L- 4, T-0, P-0, C-4
Objectives: This course focuses on the "Criminality of the "Privileged classes". The definition of
"privileged classes" in a society like India should not pose major problem at all; the expression nearly
includes weilders of all forms of state and social (including religious) power. Accordingly, the course
focusses on the relation between privilege power and deviant behaviour. The traditional approaches
which highlight "white-collar offences", "socio-economic offences" or "crimes of the powerful" deal
mainly with the deviance of the economic resourceful. The dimension of deviance associated with
bureaucracy, the new rich (nouveau riche), religious leaders and organizations, professional classes and
the higher bourgeoisie are not fully captured here.
In designing teaching materials for this course, current developments in deviance, as reflected in
newspapers/journals, law reports, and legislative proceedings should be highlighted. The objectives of
the course include: Dispelling of the commonly held beliefs that deviance crime is usually associated
with the impoverished or improvident; Construction of model so understanding the reality of middle and
upper; middle class deviance criminality in India; Critical analyses of legal system responses & Issues
and dilemmas in penal and sentencing policies.
Course Contents:
Unit – I (8 Hours)
Introduction 1. Conceptions of white collar crimes
2. Indian approaches to socio-economic offences
3. Notions of privileged class deviance as providing a wider categorization of understanding Indian
development
4. Typical forms of such deviance
5. Official deviance (deviance by legislators, judges, bureaucrats)
6. Professional deviance: journalists, teachers, doctors, lawyers, engineers, architects and publishers
7. Trade union deviance (including teachers, lawyers/urban property owners)
8. Landlord deviance (class/caste based deviance)
9. Police deviance
10. Deviance on electoral process (rigging, booth capturing, impersonation, corrupt practices)
11. Gender-based aggression by socially, economically and politically powerful.
Unit – II (8 Hours)
Official Deviance 1. Conception of official deviance - permissible limit of discretionary powers.
2. The Chambal valley dacoit Vinoba Mission and Jai Prakash Narain Mission – in 1959 and 1971
3. The Chagla Commission Report on LIC-Mundhra Affair
4. The Das Commission Report on Pratap Singh Kairon
5. The Grover Commission Report on Dev Raj Urs
6. The Maruti Commission Report
7. The lbakkar-Natarajan Commission Report on Fairfax.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 26 of 64
Unit – III (8 Hours)
Police Deviance
1. Structures of 1egal restraint on police powers in India
2. Unconstitutionality of "third-degree" methods and use of fatal force by police
3. "Encounter" killings
4. Police atrocities
5. The plea of superior orders
6. Rape and related forms of gender-based aggression by police and para-military forces
7. Reform suggestions especially by the National Police Commissions
Unit – IV (8 Hours)
Professional Deviance
1. Unethical practices at the Indian bar
2. The Lentin Commission Report
3. The Press Council on unprofessional and unethical journalism
4. Medical malpractice
Unit – V (8 Hours)
Response of Indian Legal Order to the Deviance of Privileged Classes 1. Vigilance Commission
2. Public Accounts Committee
3. Ombudsman
4. Commissions of Enquiry
5. Prevention of Corruption Act, 1947
6. The Antulay Case
Suggested Reading: 1. Upendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House, New Delhi.
2. Upendra Baxi (ed.), Law and Poverty: Essays (1988)
3. Upendra Baxi, Liberty and Corruption: The Antulay Case and Beyond (1989)
4. Surendranath Dwevedi and G.S. Bbargava, Political Corruption in India (1967)
5. A.R. Desai (ed.) Violation of democratic Rights in India (1986)
6. A.G. Noorani, Minister's Misconduct (1974)
7. B.B. Pande, 'The Nature and Dimensions of Privileged Class Deviance" in The Other Side of
Development 136 (1987; K.S. Shukla ed.).
8. Indira Rotherm und, "Patterns of Trade Union Leadership in Dhanbad Coal fields" 23 J.I.L.I 522
(1981)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 27 of 64
Semester II
PROJECT WORK
Course Code: LLMB251 L- 0, T-0, P-16, C-8
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if
any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 28 of 64
Semester II
COMPREHENSIVE VIVA-VOCE
Course Code: LLMB252 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
2. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions
asked from their presentation in the class on any topic in front of a panel of at least three faculty
member appointed by the Director/ Principal of the College.
4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 29 of 64
Semester II
ELECTIVE-III (CONSTITUTION AND LEGAL ORDER)
MASS MEDIA LAW
Course Code: LLMC201 L-4, T-0, P-0, C-4
Objective: Mass media such as press, radio and television, films, play a vital role in socialisation,
culturalisation and modernisation of a society. The visual media are bound to have a much greater
impact on human mind. But while these media have such a potential value as man educators, they are
also susceptible to destructive and harmful uses for promoting criminal anti-social and selfish escapist
tendencies. While their positive potential as mass educators has to be harnessed for developmental
purposes, their negative, harmful potential has to be curbed in public interest. Law plays a dual role vis-
a-vis such media. On the one hand, it protects the creative freedom involved in them, on the other, it has
to regulate them so as to avoid their possible abuse. This paper will deal with such interaction between
law and mass media.
Course Contents:
Unit – I (8 Hours)
Mass media - Types of - Press Films, Radio Television
1. Ownership patterns - Press - Private - Public
2. Ownership patterns - Films - Private
3. Ownership patterns - Radio & Television, Public
4. Difference between visual and non- Visual Media- impact on People’s minds.
Unit – II (8 Hours)
Press - Freedom of Speech and Expression - Article 19 (1) (a) 1. Includes Freedom of the Press.
2. Laws of defamation, obscenity, blasphemy and sedition.
3. The relating to employees wages and service conditions,
4. Price and Page Schedule Regulation
5. Newsprint Control Order
6. Advertisement - is it included within freedom of speech and expression?
7. Press and the Monopolies and Restrictive Trade Practices Act.
Unit – III (8 Hours)
Films - How far included in freedom in of speech and expression? 1. Censorship of films - constitutionality
2. The Abbas Case.
3. Difference between films and Press - why pre-censorship valid for films but not for the press?
4. Censorship under the Cinematograph Act.
Unit – IV (8 Hours)
Radio and Television - Government monopoly.
1. Why Government department?
2. Should there be an autonomous corporation?
3. Effect of television on people.
4. Report of the Chanda Committee.
5. Government policy.
6. Commercial advertisement.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 30 of 64
7. Internal Scrutiny of serials, etc.
8. Judicial Review of Doordarshan decisions: Freedom to telecast.
Unit – V (8 Hours)
Constitutional Restrictions 1. Radio and television subject to law of defamation and obscenity.
2. Power to legislate - Article 246 read with the Seventh Schedule.
3. Power to impose tax - licensing and licence fee.
Suggested Reading:
1. M. P. Jain, Constitutional Law of India (1994) Wadhwa.
2. H. M. Seervai, Constitutional Law of India Vol.I (1991) Tripathi, Bombay.
3. John B. Howard, "The Social Accountability of Public Enterprises" in Law and Community Controls
in New Development Strategies (International Centre for law in Development 1980).
4. Bruce Michael Boyd, "Film Censorship in India: A Reasonable Restriction on Freedom of Speech
and Expression ". 14 J. I. L. I. 501 (1 972).
5. Rajeev Dhavan "On the Law of the Press in India" 26 J.I.L.I. 288 (1984).
6. Rajeev Dhavan, "Legitimating Government Rhetoric: Reflections on Some Aspects of the Second
Press Commission" 26 J.IL.I. 391 (1984).
7. Soli Sorabjee, Law of Press Censorship in India (1976).
8. Justice E.S. Venkaramiah, Freedom of Press: Some Recent Trends (1984).
9. D D. Basu, The Law of Press of India (1980).
10. Students should consult relevant volumes of the Annual Survey of Indian Law published by the
Indian Law Institute. (Constitutional Law 1 & 11, Administrative Law and Public Interest litigation).
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 31 of 64
Semester II
UNION-STATE FINANCIAL RELATIONS
Course Code: LLMC202 L-4, T-0, P-0, C-4
Objective: The Indian Constitution adopts federal government for various reasons. Power is divided
between the Union and the States in such a way that matters of national importance are entrusted to the
Centre and matters of local importance are left to the States. The Constitution departs from the model of
classical federalism in many ways. This departure was made to suit the peculiar Indian circumstances.
However, the constitutional provisions were in practice further distorted so as to make the states totally
subservient to the Centre. Distribution of fiscal power is the nerve centre of the federal system. In this
paper a student will be made conscious of various aspects of federal principle, and their working in the
Indian context with a view to ultimately assessing the Indian experience critically. He must clearly
understand various emerging forces such as regionalism, sub-national loyalties and nationalism. He
should be able to see the working of the constitutional process as a vital element of the political
economy.
Course Contents:
Unit – I (8 Hours)
Federalism - Essentials
1. Models of Federal Government - U.S.A., Australia, Canada
2. Difference, Between Federation and confederation
3. Evolution of federal government in India
Unit – II (8 Hours)
Distribution of Legislative Power/Administrative Power/ Fiscal Power
1. Indian Constitution
2. Centre-State relations
3. Factors responsible for subordination of States
4. Administrative relation
5. Scheme of Allocation of taxing power
6. Extent of Union power of taxation
7. Residuary power - inclusion of fiscal power
Unit – III (8 Hours)
Restrictions of Fiscal Power & Distribution of Tax Revenues 1. Fundamental Rights
2. Inter-Government tax immunities
3. Difference between tax and fee
4. Tax-Sharing under the Constitution
5. Finance Commission - Specific purpose grants (Article 282)
Unit – IV (8 Hours)
Miscellaneous 1. Borrowing Power of the State
a. Borrowing by the Government of India
b. Borrowing by the States
2. Inter-State Trade and Commerce
a. Freedom of Inter-State trade and commerce
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 32 of 64
b. Restrictions on legislative power of the Union and States with regard to trade and commerce
3. Planning and Financial Relations
a. Planning Commission
b. National Development Council
c. Plan grants
Unit – V (8 Hours)
Co-operative Federalism & Federal Government
1. Full faith and credit
2. Inter-State Council
3. Zonal Councils
4. Inter-State disputes
5. Federal Government in India
6. Model of Jammu and Kashmir
7. Sarkaria Commission Report
8. What Reforms are Necessary?
Suggested Reading:
1. H.M. Seervai, Constitutional Law of India (1991), Tripathi, Bombay.
2. Sudha Bhatnagar, Union-State Financial Relations and Finance Commissions, (1979)
3. Ashok Chandra, Federalism in India, (1965)
4. V.D. Sebastian, Indian Federalism: The Legislative Conflicts Chs. 6-7 and 8 (1980).
5. Chandrapal, Centre-State Relations and Cooperative Federalism, Chs. 5 and 8 (1983)
6. G.C.V. Subba Rao, Legislative Powers in Indian Constitution Law, Chs. 37, 38, 39 (1982)
7. Richard M. Pious, The American Presidency, 293-331, Ch. 9 (1979)
8. Daniel J. Elazar, American Federalism, Chs. 3 and 4 (1984)
9. K.P. Krishna Shetty, The Law of Union-State Relations and the Indian Federalism Ch.9 (1981)
10. Report of the Eighth Finance Commission.
11. Administrative Reforms Commission on Centre-State Relationship Ch. 3 (1969)
12. Constituent Assembly Debates Vol. 9, 203, 240 and 302-349; Vol. 10, 325-342.
13. Administrative Reforms Commission, Report of the Study Team on Central-State Relationship
(1967) Vol. 1, Sections land 11, pp. IS- 168
14. L.M. Singhvi (ed.), Union-State Relations in India 124-154 (19690
15. Government of Tamilnadu, Report of the Centre-State Relations Inquiry Committee Ch.5 (1971)
16. D.T. Lakadwala, Union-State Financial Relations (1967)
17. M.P. Jain, Indian constitutional Law (1994), Wadhwa.
18. Subba Rao, The Indian Federation (1969)
19. K.C. Wheare, Federal Governement (1963)
20. Students should consult relevant volumes of the Annual Survey of Indian Law published by the
Indian Law Institute (Constitutional Law II)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 33 of 64
Semester II
CIVIL AND POLITICAL RIGHTS: COMPARATIVE STUDY OF SELECTED
CONSTITUTIONS
(INDIA, UNITED STATES OF AMERICA AND UNITED KINGDOM)
Course Code: LLMC203 L-4, T-0, P-0, C-4
Objective: Rights are the important part of human life without these, development of an individual is
impossible. These rights give him a chance to be more developed as well as to participate in the
formation of government. The course aims at creating critical understanding of these rights, specially
civil & political rights on world level.
Course Contents:
Unit – I (8 Hours)
Introduction & Amendment of Rights 1. Constitutional basis for protection of Individual rights.
2. Balance between individual liberty and social needs.
3. To whom and against whom Rights are available.
4. Suspension of Rights.
5. Adaptability of the Constitutional law to the changing needs of the society.
6. Power and Procedure for amendments of these rights under the American and Indian constitution.
Unit – II (8 Hours)
Right to Equality
1. General principles.
2. Protective discrimination with special references to emerging judicial response to the problems of
group inequalities.
3. Comparative study of the decisions of the Indian and American courts.
Unit – III (8 Hours)
Freedom of Speech and Expression 1. General principles.
2. Liberty of Press as interpreted by the Indian Supreme Court
3. Interpretation of the freedom guaranteed by the First Amendment of the American Constitution.
Unit – IV (8 Hours)
Right to life and Personal Liberty & Freedom of Religion 1. Judicial determination of the scope of the term “personal liberty’, “procedure established by law”
and the American expressions “liberty’ and ‘due process”.
2. Radical changes in judicial thinking.
3. Judicial interpretation of the freedom of religion under the Constitution of India and of the United
States.
Unit – V (8 Hours)
Elections and the Franchise 1. Constitutional foundation of the right to vote.
2. The voting rights Acts.
3. Judicial supervision of Elections.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 34 of 64
Suggested Reading: 1. C.H. McIIwain, Constitutionalism: Ancient and Modern (1947)
2. A.V. Dicey, Introduction to the Study of Law of the Constitution (1982 edition)
3. Indira Nehru Gandhi v. Raj Narain AIR 1975Sc 2299
4. P.K.Tripathi, Rule of Law, Democracy and Frontiers of Judicial Activism 17, Journal of the Indian
Law Institute 25 (1975)
5. Larry Alexander (ed) Constitutionalism: Philosophical Foundations (Cambridge University Press
1998)
6. M.P. Singh , Federalism, Democracy and Human Rights 47, Journal Of the Indian Law Institute 47
(2005)
7. C.J. Friedrich, Constitutional Government and Democracy, (Indian edition reprint 1974)
8. K.C. Wheare, Federal Government Chapter I and II 4th Edition 1963
9. Granville Austin: The Indian Constitution: Cornerstone of a Nation (1966)
10. B.D. Dua and M.P. Singh, Indian Federalism in the New Millennium (2003) Manohar Delhi
11. State of West Bengal v Union of India AIR 1963 SC, 1241 and S.R.Bommai v Union of India AIR
1994 SC 1918
12. Parmanand Singh, Social Rights and Good Governance, in Raj Kumar and D.K. Srivastave (eds)
Human Rights and Development: Law, Policy and Governance , Chapter 24, pp 437-454 Lexis
Nexis, Hong Kong (2006)
13. P.A Inamdar v State of Maharashtra 2005 6 SCC 537, Pai Foundation 2002 8 SCC 481
14. Parmanand Singh , Hunger Amidst Plenty: Reflections on Law, Poverty and Governance, 48,
Journal of the Indian Law Institute 57-77 (2006)
15. Girish Agrawal and Colin Gonsalves , Dalits and the Law, (Human Rights Law Network) New Delhi
(2003)
16. Parmanand Singh, Equality and Compensatory Discrimination: The Indian Experience, in
Chokalingam and Raj Kumar (eds) Human Rights, Criminal Justice and Constitutional
Empowerment , Chapter 7 , Oxford Delhi(2006)
17. Amratya Sen, Development As Freedom (2000)
18. Parmanand Singh, Administration of Minority Institutions : Constitution Does Not Sanction
Oppression, in Tahir Mahmood (ed) Minority and State at the Indian Law 106(1991)
19. Parmanand Singh, Scheduled Castes and the Law, in Upendra Baxi (ed) Law and Poverty: Critical
Essays 132 (1988)
20. Subhash C. Kashyap (ed) The Citizen and Judicial reforms under the Indian Polity (2003) Universal
Law Publishers Delhi
21. S.P. Sathe , Judicial Activism in India: Transgressing Borders and Enforcing Limits, (2003)
22. Parmanand Singh, Protecting Human Rights Through Public Interest Litigation, 42 Journal of The
Indian Law Institute 200(2000)
23. Final report of the Commission to Review the Working of the Constitution: Chairman. Justice M.N.
Venkatachalliah (2002) http://lawmin.nic.in/ncrwc/finalreport.htm
24. A.S. Anand, Judicial Activism :Need For Caution 42 Journal of the Indian Law Institute 149-
59(2000)
25. Parmanand Singh, Judicial Socialism and Promises of Liberation: Myth and Truth 28, Journal of the
Indian Law Institute 337-47(1986)
26. In re Presidential Reference, AIR 1999 SC,1
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 35 of 64
Semester II
PROJECT WORK
Course Code: LLMC251 L- 0, T-0, P-16, C-8
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if
any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 36 of 64
Semester II
COMPREHENSIVE VIVA-VOCE
Course Code: LLMC252 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
2. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions
asked from their presentation in the class on any topic in front of a panel of at least three faculty
member appointed by the Director/ Principal of the College.
4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 37 of 64
Semester III
ELECTIVE-I (CORPORATE LAW)
BANKING LAW
Course Code: LLMA301 L-4, T-0, P-0, C-4
Objective: A vitally important economic institution the banking system is deeply influenced by socio-
political and economic changes. The emerging changes in India, particularly after the initiation of the
planning process as an instrument of rapid economic development had moulded and affected the
banking structure, policies, patterns and practices. A significant development in the banking system is
diversification in banks financing. The commercial banks entered 'into the field of wide ranging
financial assistance to industry, both large and small scale, requiring the need for social control of the
banking system eventually leading to the nationalisation of banks.
The conventional banking system, found to be deficient for planned developmental purposes, paved the
way for developmental banking. The fag end of the last millennium witnesses influx of foreign banking
companies into India and a shift in the banking policy as part of the global phenomenon of liberalisation.
The legal system is adopting itself into the new mores.
This course is designed to acquaint the students with the conceptual and operational parameters of
banking law, the judicial interpretation and the new and emerging dimensions of the banking system.
Course Contents:
Unit – I (8 Hours)
Introduction 1. Nature and development of banking
2. History of banking in India and elsewhere -indigenous banking-evolution of banking in India -
different kinds of banks and their functions.
3. Multi-functional banks - growth and legal issues
4. Law Relating to Banking Companies in India
a. Control by government and its agencies.
b. On management
c. On accounts and audit
d. Lending
e. Credit policy
f. Reconstruction and reorganisation
g. Suspension and winding up
h. Contract between banker and customer: their rights and duties
Unit – II (8 Hours)
Social Control over Banking 1. Nationalization
2. Evaluation: private ownership, nationalisation and disinvestment
3. Protection of depositors
4. Priority lending
5. Promotion of under privileged classes
Unit – III (8 Hours)
Deposit Insurance & Central Bank 1. The Deposit Insurance Corporation Act 1961: objectives and reasons
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 38 of 64
2. Establishment of Capital of DIC
3. Registration of banking companies insured banks, liability of DIC to depositors
4. Relations between insured banks, DIC and Reserve Bank of India
5. The Central Bank
a. Evolution of Central Bank
b. Characteristics and functions
c. Economic and social objectives
d. The Central Bank and the State - as bankers' bank
e. The Reserve Bank of India as the Central Bank
f. Organisational structure
g. Functions of the RBI
h. Regulation of monitory mechanism of the economy
i. Credit control
j. Exchange control
k. Monopoly of currency issue
l. Bank rate policy formulation
m. Control of RBI over non-banking companies
n. Financial companies
o. Non-financial companies
Unit – IV (8 Hours)
Relationship of Banker and Customer
1. Legal character of Banker & customer
2. Contract between banker and customer
3. Banker's lien
4. Protection of bankers
5. Nature and type of accounts
6. Special classes of customers - lunatics, minor, partnership, corporations, local authorities
7. Banking duty to customers
8. Consumer protection: banking as service
9. Lending by Banks
a. Good lending principles
b. Lending to poor masses
c. Securities for advances
d. Kinds and their merits and demerits
e. Repayment of loans: rate of interest, protection against penalty
f. Default and recovery
g. Debt recovery tribunal
Unit – V (8 Hours)
Recent Trends of Banking System in India 1. New technology
2. Information technology
3. Automation and legal aspects
4. Automatic teller machine and use of internet
5. Smart card
6. Use of expert system
7. Credit cards
8. Reforms in Indian Banking Law; Recommendations of committees: a review
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 39 of 64
Suggested Reading: 1. Basu, A. Review of Current Banking Theory and Practise (1998) Mac millan
2. Hapgood (ed.), Pagets' Law of Banking (1989) Butterworths, London
3. R. Goode, Commercial Law, (1995) Penguin, London.
4. Ross Cranston, Principles of Banking Law (1997) Oxford.
5. L.C. Goyle, The Law of Banking and Bankers (1995) Eastern
6. M.L. Tannan, Tannan's Banking Law and Practice in India (1997) India Law House, New Delhi, 2
volumes
7. K.C. Shekhar, Banking Theory and Practice (1998) UBS Publisher Distributors Ltd. New Delhi.
8. Dassesse, S. Isaacs and G. Pen, E.C. Banking Law, (1994) Lloyds of London Press, London
9. V. Conti and Hamaui (eds.), Financial Markets' Liberalization and the Role of Banks', Cambridge
University Press, Cambridge, (1993).
10. Dermine (ed.), European Banking in the 1990s' (1993) Blackwell, Oxford.
11. Goodhart, The Central Bank and the Financial System (1995), Macmillan, London
12. S. Chapman, The Rise of Merchant Banking (1984) Allen Unwin, London
13. Subrahmanyan, Banking Reforms ain India (1997) Tata Maigraw Hill, New Delhi.
14. Subodh Markandeya and Chitra Markandeye, Law Relating to Foreign Trade in India: Being a
Commentary on the Foreign Trade, (Development and Regulation) Act 1992, Universal Law
Publishing Co. Pvt. Ltd. Delhi.
15. R.S. Narayana, The Recovery of Debts due to Banks and Financial Institutions Act, 1993 (51 of
1993), Asia Law House, Hyderabad.
16. M.A. Mir, The Law Relating to Bank Guarantee in India (1992), Metropolitan Book, New Delhi.
17. Anthony Pierce, Demand Guarantees in International Trade (1993) Sweet & Maxwell,
18. Ross Cranston (ed.) European Banking Law: The Banker-Customer Relationship (1999) LLP,
London
19. Mitra, The Law Relating to Bankers' Letters of Credit and Allied Laws, (1998) University
Book Agency, Allahabad.
20. R.K. Talwar, Report of Working Group on Customer Service in Banks
21. Janakiraman Committee Report on Securities Operation of Banks and Financial Institution (1993)
22. Narasimham Committee report on the Financial System (1991)- Second Report (1999)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 40 of 64
Semester III
INSURANCE LAW
Course Code: LLMA302 L-4, T-0, P-0, C-4
Objective: As early as in 1601 one finds an excellent exposition of the insurance idea expressed in these
words of an Act of British Parliament "the loss lighteth rather easily, upon many than heavily upon
few". The insured person transfers from his own shoulders to the insurers, who, in return for agreeing to
assume a potential risk of 1oss receive a payment known as premium. The insurers rely on the
probability that only some of the losses, they insure against will in fact occur within any given period.
They calculate, therefore, that they will be left with a profit. The insurer, on the other hand, is better able
to risk his capital in trade since he knows that certain events which he cannot control, such as fire,
shipwreck, will not cause him to lose his investment.
The insurance idea is an old-institution of transactional trade. The age old form of insurance was the
marine insurance. There is nothing like disaster to set men's minds to work. Consequently, in due course
of time fire and life insurance, made their appearance. Within the last hundred years the insurance
principle is being extended wider. Today one finds insurance cover for accidents, motor vehicles, glass,
live stock, crop, burglary and various other disasters.
Insurance is a device not to avert risks, calamities and disasters; but to mitigate their rigours and.
financial losses. The function of insurance is to spread such loss arising from risks of life over a large
number of persons.
The operational framework of insurance idea is provided by the general principles of contract. The
insurance policy, being a contract, is subject to all the judicial interpretative techniques. Besides, the
insurance idea has a compensatory justice component. This brings it in the arena of the law of tort as
well. It is even suggested that a fully grown and developed law of insurance may, if not totally displace,
decrease the significance of the law of tort.
This course is designed to acquaint the students with the conceptual and operational parameters of
insurance law in the context of the development of the general principles of law and judicial
interpretation to inform the students about the use of law for the establishment of "just" order in
insurance and to develop the appreciative and evaluative faculties of the students.
Course Contents:
Unit – I (8 Hours)
Introduction
1. Nature of insurance contract, various kinds of insurance, proposal, policy, parties, consideration,
need for utmost good faith, insurable interest, indemnity
2. Insurance policy, law of contract and law of torts-future of insurance : need, importance and place of
insurance
3. Constitutional perspectives- the Entries 24,25,29,30,47 of List 1 Union List; 23, 24, of List III
Unit – II (8 Hours)
General Principles of Law of Insurance
1. Definition, nature and history
2. The risk - commencement, attachment and duration
3. Assignment and alteration
4. Settlement of claim and subrogation
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 41 of 64
5. Effect of war upon policies
6. Indian Insurance Law: General
a. History and development
b. The Insurance Act 1938 and the Insurance Regulatory Authority Act 2000
c. Mutual insurance companies and cooperative life insurance societies
d. Double Insurance and re-insurance
Unit – III (8 Hours) Insurances -I
1. Life Insurance
a. Nature and scope
b. Event insured against life insurance contract
c. Circumstances affecting the risk
d. Amounts recoverable under life policy
e. Persons entitled to payment
f. Settlement of claim and payment of money
2. Marine Insurance
a. Nature and Scope
b. Classification of marine policies
c. The Marine Insurance Act, 1963
d. Insurable interest, insurable value
e. Marine insurance policy – conditions, express warranties, construction of terms of policy.
f. Voyage-deviation
g. Perils of the sea
h. Assignment of policy
i. Partial laws of ship and of freight, salvage, general average, particular charges
j. Return of premium
Unit – IV (8 Hours)
Insurances -II 1. Insurance Against Accidents
a. The Fatal Accidents Act, 1855
b. Objects and reasons
c. Assessment of compensation
d. Contributory negligence,
e. Apportionment of compensation and liability
f. The Personal Injuries (Compensation insurance) Act 1963
g. Compensation payable under the Act
h. Compensation insurance scheme under the Act-Compulsory insurance
2. Property Insurance
a. Fire insurance
b. The Emergency Risks (Factories) Insurance
c. The Emergency Risks (Goods) Insurance
d. Policies covering risk of explosion
e. Policies covering accidental loss, damage to property
f. Policies covering risk of storm and tempest
g. Glass-plate policies
h. Burglary and theft policies
i. Live stock policies
j. Goods in transit insurance
k. Agricultural insurance
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 42 of 64
Unit – V (8 Hours)
Insurance Against Third Party Risks & Miscellaneous
1. The Motor Vehicles Act, 1988
2. Nature and scope
3. Effects of insolvency or death on claims of insolvency and death of parties, certificate of insurance
4. Claims tribunal: constitution, functions, application for compensation, procedure, powers and award
5. Liability Insurance
6. Nature and kinds of such insurance
7. Public liability insurance
8. Professional negligence insurance
9. Miscellaneous Insurance Schemes: New Dimensions
a. Group life insurance
b. Medi claim, sickness insurance
Suggested Reading: 1. John Hanson and Christopals Henly, All Risks Property Insurance (1999), LLP Asia, Hongkong.
2. Peter Mac Donald Eggers and Patric Foss, Good Faith and Insurance Contracts (1998) LLP Asia,
Hongkong
3. Banerjee, Law of Insurance (1994), Asia Law House, Hyderabad.
4. Mitra B.C, Law Relating to Marine Insurance (1997) Asia Law House, Hyderabad
5. JCB Gilmar and Mustill, Arnold on the Law of Marine Insurance, (1981), Sweet & Maxwell
6. Birds, Modern Insurance Law (1997) Sweet & Maxwell
7. Colinvaux's Law of Insurance (1997), Sweet & Maxwell
8. O'Mary on Marine Insurance (1993), Sweet & Maxwell.
9. International Labour Office, Administration Practice of social Insurance (1985)
10. E.R. Hardy Ivamy, General Principles of insurance Law (1979)
11. Edwin W. Patterson, Cases and Materials on Law of insurance (1955)
12. N. Sreenivasan Law and the Life Insurance Contract (1914)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 43 of 64
Semester III
CORPORATE FINANCE
Course Code: LLMA303 L-4, T-0, P-0, C-4
Objective: Industrialisation has played, and has to play, a very vital role in the economic development
of India. In the post independent era, industrial development is regarded, and hence employed, as
principal means in the strategy for achieving the goal of economic and social justice envisioned in the
Constitution. Corporations, both public and private, are viewed as a powerful instrument for
development. In a developing society like India enormous varieties of consumer goods are manufactured
or produced. Obviously, the situation raises the issues of procuring, utilising and managing the finances.
For this purpose a science of financial management techniques has been evolved. The faculties of
commerce, business and management studies have since last decades started to impart instruction so as
to turn out sufficiently well equipped and adequately trained financial personnel. However, the legal and
juristic aspects of corporate finance have been more or less not effectively taken care of.The broad
objectives of this cause may be - To understand the economic and legal dimensions of corporate finance
in the process; of industrial development in establishing social order in the context of constitutional
values; To acquaint the students with the normative, philosophical and economic contours of various
statutory rules relating to corporate finance; To acquaint the students with the organisation, functions,
lending, and recovery procedures, conditions of lending and accountability of international national and
state financing institutions and also of commercial banks; and To acquaint the students with the process
of the flow and outflow of corporate finance.
Course Contents:
Unit – I (8 Hours)
Introduction 1. Corporation Finance
a. Meaning, importance and scope
b. Capital needs - capitalisation - working capital - securities-borrowings-deposits debentures
c. Objectives of corporation finance - profit maximisation and wealth maximisation
d. Constitutional perspectives - the entries 37, 38, 43, 44, 45, 46, 47, 52, 82, 85, and 86 of List 1
(Union List); entry 24 of List II (State List).
2. Equity Finance
a. Share capital
b. Prospectus - information disclosure
c. Issue and allotment
d. Shares without monetary consideration
e. Non-opting equity shares
3. Debt Finance
a. Debentures
b. Nature, issue and class
c. Deposits and acceptance
d. Creation of charges
e. Fixed and floating charges
f. Mortgages
g. Convertible debentures
Unit – II (8 Hours)
Conservation of Corporate Finance 1. Regulation by disclosure
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 44 of 64
2. Control on payment of dividends
3. Managerial remuneration
4. Payment of commissions and brokerage
5. Inter-corporate loans and investments
6. Pay-back of shares
7. Other corporate spending
Unit – III (8 Hours)
Protection of creditors & Investors 1. Need for creditor protection
a. Preference in payment
b. Rights in making company decisions affecting creditor interests
c. Creditor self-protection
d. Incorporation of favourable terms in lending contracts
e. Right to nominate directors
f. Control over corporate spending
2. Protection of Investors
a. Individual share holder right
b. Corporate membership right
c. Derivative actions
d. Qualified membership right
e. Conversion, consolidation and re-organisation of shares
f. Transfer and transmission of securities
g. Dematerialisation of securities
Unit – IV (8 Hours)
Corporate Fund Raising 1. Depositories - IDR(Indian depository receipts), ADR(American depository receipts), GDR(Global
depository receipts)
2. Public financing institutions - IDBI, ICICI, IFC and SFC
3. Mutual fund and other collective investment schemes
4. Institutional investments - LIC, UTI and banks
5. FDI and NRI investment - Foreign institutional investments (IMF and World bank)
Unit – V (8 Hours)
Administrative Regulation on Corporate Finance
1. Inspection of accounts
2. SEBI
3. Central government control
4. Control by registrar of companies
5. RBI control
Suggested Reading: 1. Alastair Hundson, The Law on Financial Derivatives (1998), Sweet & Maxwell
2. Eil's Ferran, Company Law and Corporate Finance (1999), Oxford.
3. Jonathan Charkham, Fair shares: the Future of Shareholder Power and Responsibility (1999),
Oxford.
4. Ramaiya A, Guide to the Companies Act (1998), Vol. I, II and III.
5. H.A.J. Ford and A.P. Austen, Fords' principle of Corporations Law (1999) Butterworths.
6. J.H. Farrar and B.M. Hanniyan, Farrar's company Law (1998) Butterworths
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 45 of 64
7. Austen R.P., The Law of Public Company Finance (1986) LBC
8. R.M. Goode, Legal Problems of Credit and Security (1988) Sweet and Maxwell
9. Altman and Subrahmanyan, Recent Advnces in Corporate Finance (1985) LBC
10. Gilbert Harold, Corporation Finance (1956)
11. Henry E. Hoagland, Corporation Finance (1947)
12. Maryin M. Kristein, Corporate Finance (1975)
13. R.C. Osborn, Corporation Finance (1959)
14. S.C. Kuchhal Corporation finance : Principles and Problems (6th ed. 1966)
15. V.G. Kulkami, Corporate Finance (1961)
16. Y.D. Kulshreshta, Government Regulation of Financial management of Private Corporate Sector in
India (1986)
17. Journals - Journal of Indian Law Institute, Journal of Business Law, Chartered Secretary, Company
Law Journal, Law and Contemporary Problems.
18. Statutory Materials - Companies Act and laws relating SEBI, depositories, industrial financing and
information technology.
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 46 of 64
Semester III
PROJECT WORK
Course Code: LLMA351 L- 0, T-0, P-16, C-8
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if
any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 47 of 64
Semester III
COMPREHENSIVE VIVA-VOCE
Course Code: LLMA352 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
2. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions
asked from their presentation in the class on any topic in front of a panel of at least three faculty
member appointed by the Director/ Principal of the College.
4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 48 of 64
Semester III
ELECTIVE-II (CRIMINAL LAW)
COMPARATIVE CRIMINAL PROCEDURE
Course Code: LLMB301 L- 4, T-0, P-0, C-4
Objectives: Criminal Procedure is being taught as a compulsory paper at the level of LL.B. today.
However, a jurisprudential thrust has to be given to this subject at the post-graduate level as this is a
subject which has constitutional undertones and jurisprudential importance. A study of comparative
criminal procedure helps students develop an ecumenical approach and broadens their vision. It inspires
them renew and revise their laws to be in tune with developed systems. The paper is taught with
reference to India, England, France and China.
Course Contents:
Unit – I (8 Hours)
Organisation of Courts and Prosecuting Agencies 1. Hierarchy of criminal courts and their jurisdiction
2. Nyaya Panchayats in India
3. Panchayats in tribal areas
4. Organisation of prosecuting agencies for prosecuting criminals
5. Prosecutors and the police
6. Withdrawal of prosecution.
Unit – II (8 Hours)
Pre-trial Procedures
1. Arrest and questioning of the accused
2. The rights of the accused
3. The evidentiary value of statements / articles seized / collected by the police
4. Right to counsel
5. Roles of the prosecutor and the judicial officer in investigation.
Unit – III (8 Hours)
Trial Procedures
1. The accusatory system of trial and the inquisitorial system
2. Role of the judge, the prosecutor and defence attorney in the trial
3. Admissibility and inadmissibility of evidence
4. Expert evidence
5. Appeal of the court in awarding appropriate punishment.
6. Plea bargaining
Unit – IV (8 Hours)
Correction and Aftercare services 1. Institutional correction of the offenders
2. General comparison - After - care services in India and France
3. The role of the court in correctional programmes in India.
Unit – V (8 Hours)
Preventive Measures in India & Public Interest Litigation 1. Provisions in the Criminal Procedure Code
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 49 of 64
2. Special enactments
3. Public Interest Litigation
4. Directions for criminal prosecution.
Suggested Reading: 1. Celia Hamptom, Criminal Procedure
2. Wilkins and Cross, Outline of the Law of Evidence
3. Archbold, Pleading, Evidence and Practice in Criminal Cases
4. Sarkar, Law of Evidence
5. K.N.Chandrasekharan Pillai(ed.), R.V. Kelkar's Outlines of Criminal Procedure (2000), Eastern,
Lucknow.
6. Patric Devlin, The Criminal Prosecution in England
7. American Series of Foreign Penal Codes Criminal Procedure Code of People's Republic of China.
8. John N. Ferdico, Criminal Procedure (1996), West
9. Sanders & Young, Criminal Justice (1994)
10. Christina Van Den Wyngart, Criminal Procedure Systems in European Community Joel Samaha,
11. Criminal Procedure (1997), West
12. Criminal Procedure Code,1973
13. The French Code of Criminal Procedure.
14. 14th and 41st Reports of Indian Law Commission.
15. The Paper will be taught with reference, wherever necessary, to the procedures in India, England,
US France, Russia and China
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 50 of 64
Semester III
SOCIO – ECONOMIC OFFENCES
Course Code: LLMB302 L-4, T-0, P-0, C-4
Objective: Crime is that evil which not only injures the humanity but also the whole society. It also
affects the economic atmosphere as well as the economic activities. Dowry, Juvenile delinquency, Black
marketing etc. are some of them. The course aims at creating critical understanding of these crimes, its
effect on society its differences with traditional crime.
Course Contents:
Unit – I (8 Hours)
Introduction 1. The concept of Social and Economic Offences.
Unit – II (8 Hours)
The Distinction between Traditional Offences and the Socio Economic Offences 1. Principles of Traditional Criminal Jurisprudence.
2. Special features of Socio-Economic Offences.
3. Socio Economic offences and white collar crimes.
4. Socio Economic factor and Juvenile delinquency.
Unit – III (8 Hours)
Prevention
1. Prevention of Socio Economic Crimes and Major constraints in the Implementation of Law Relating
to Socio Economic Offences.
Unit – IV (8 Hours)
Dowry
1. Dowry as a Social Evil.
2. The Dowry (Prohibition Act 1961.)
3. Dowry Prohibition (Gift to Bride & Bride Groom) Rules 1985.
Unit – V (8 Hours) 1. Problems of Control of Dowry System in India
2. Socio Economic Factors
3. Failure of Legislative Enactments
Suggested Reading:
1. U. Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and Social Change: ndo-
American Reflections 92 (1988)
2. U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)
3. A.R. Desal, (ed.) Peasant Struggles in India, (1979)
4. K.S. Shukla, "Sociology of Deviant Behaviour," in 3 ICSSR Survey of Sociology and Social
Anthropology
5. T. Honderich, Violence for Equality (1980)
6. Mark Juergensmeyer, "The Logic of Religious Violence: The Case of Punjab" 22 Contributions to
Indian Sociology 65 (1988)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 51 of 64
Semester III
COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM
Course Code: LLMB303 L-4, T-0, P-0, C-4
Objective: This is a crucial area of Indian development with which traditional, western, criminology is
not overly preoccupied. Collective political violence (CPV) is the order of the day, whether it is agrarian
(feudal) violence, or it is atrocities against untouchables, communal riots, electoral violence, police
violence (encounters), political violence by militant and extremist groups, gender-based violence or
violence involved in mercenary terrorism and its containment.
It is not very helpful in such contexts, to mouth the generalities such as "criminalization" or
"lumpenization" of Indian politics. Closer scientific investigation of these phenomena is crucial, which
should help us understand both the aetiology and the prognosis of CPV. Instead of political analysis the
course should focus on a broader social under- standing of the political economy of law in India. Each
specific form of violence will be examined with a view to identifying the course of its evolution, the
state-law response policies of management of sanctions, compensation and rehabilitation of victims of
violence, social and political costs. The growth of police and paramilitary forces will also, in this
context, be an object of study. Primary materials here will be governmental and citizen investigative
reports. The emphasis of the course will be on fashioning overall democratic understanding and
responses to meet this problem.
Course Contents:
Unit – I (8 Hours)
Introduction 1. Notions of “force”, “coercion”, “violence”
2. Distinction: “Symbolic” violence, “Institutionalized” violence, “Structural violence”
3. Legal order as a coercive normative order
4. Force-monopoly of modern law
5. ”Constitutional” and “criminal” speech: Speech as incitement to violence
6. “Collective political violence” and legal order
7. Notion of legal and extra-legal “repression”
Unit – II (8 Hours)
Approaches to Violence in India
1. Religiously sanctioned structural violence: Caste and gender based.
2. Ahimsa in Hindu, Jain, Buddhist, Christian, and Islamic traditions in India.
3. Gandhi ji’s approach to non-violence
4. Discourse on political violence and terrorism during colonial struggle
5. Attitudes towards legal order as possessed of legitimate monopoly over violence during the colonial
period.
Unit – III (8 Hours)
Agrarian Violence and Repression 1. The nature and scope of agrarian violence in the 18-19 centuries India.
2. Colonial legal order as a causative factor of collective political (agrarian) violence
3. The Telangana struggle and the legal order
4. The Report of the Indian Human Rights Commission on Arwal Massacre
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 52 of 64
Unit – IV (8 Hours)
Violence against the Scheduled Castes
1. Notion of Atrocities
2. Incidence of Atrocities
3. Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities
4. Violence Against Women.
Unit – V (8 Hours)
Communal Violence 1. Incidence and courses of “communal” violence
2. Findings of various commissions of enquiry
3. The role of police and para-military systems in dealing with communal violence
4. Operation of criminal justice system tiring, and in relation to, communal violence.
Suggested Reading: 1. U. Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and Social Change: ndo-
American Reflections 92 (1988)
2. U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)
3. A.R. Desal, (ed.) Peasant Struggles in India, (1979)
4. A.R. Desai, Agrarian Struggles in India: After Independence (1986) A.R. Desai, Violation of
democratic Rights in India (1986)
5. D.A. Dhangare, Peasant Movement in India: 1920-1950 (1983)
6. Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India (1983) Ranjit Guba, (ed,
) Subaltern Studies Vol. 1-6 (1983-1988)
7. T. Honderich, Violence for Equality (1980)
8. Mark Juergensmeyer, "The Logic of Religious Violence: The Case of Punjab" 22 Contributions to
Indian Sociology 65 (1988)
9. Rajni Kothari, State Against Democracy (1987)
10. G. Shah, Ethnic Minorities and Nation Building: Indian Experience (1984)
11. K.S. Shukla, "Sociology of Deviant Behaviour," in 3 ICSSR Survey of Sociology and Social
Anthropology 1969-1979 (1986)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 53 of 64
Semester III
PROJECT WORK
Course Code: LLMB351 L- 0, T-0, P-16, C-8
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if
any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 54 of 64
Semester III
COMPREHENSIVE VIVA-VOCE
Course Code: LLMB352 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
2. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions asked
from their presentation in the class on any topic in front of a panel of at least three faculty member
appointed by the Director/ Principal of the College.
4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 55 of 64
Semester III
ELECTIVE-III (CONSTITUTION AND LEGAL ORDER)
CONSTITUTIONALISM: PLURALISM AND FEDERALISM
Course Code: LLMC301 L-4, T-0, P-0, C-4
Objective: Constitutionalism essentially means a limited government. Where government functions
according to certain principles, it is said to be abiding by constitutionalism. Must it be a democracy or
can it be an autocracy also. In ancient India, the king was supposed to act according to dharma. He was
not absolute in the sense in which John Austin defined sovereignty. Constitutionalism may therefore be
determined by a written constitution or by religion or tradition or by mere practice or convention as in
England. In a plural society, where different religious as well as linguistic groups have to live together,
various rules of accommodation and mutual recognition are incorporated in the Constitution. Usually
these are contained in the bills of rights which contain guarantees of individual liberty and equality
against majoritarian rule. Constitutionalism does not merely imply majoritarian rule, it has to be a
consensual rule. However, where there is not only such vertical pluralism but also horizontal pluralism
reflected by subnations/regional loyalties, power is not only required to be restrained but it has to be
shared. This calls for a federal government. The purpose of this paper is to provide exposure to the
students to various models of pluralism and forms of constitutional governments and federal structures.
Course Contents:
Unit – I (8 Hours)
Constitutionalism 1. Authoritarianism - Dictatorship
2. Democracy - Communism.
3. Limited Government - concept - Limitations on government power.
4. What is a Constitution?
5. Development of a democratic government in England - Historical evolution of constitutional
government.
6. Conventions of constitutionalism - law and conventions
7. Written Constitutions: U.S.A. Canada Australia Sweden South Africa and India.
8. Separation of powers: Montesquieu
9. Rule of Law: Concept and new horizons
10. Marxist concept of constitutionalism
11. Dictatorship of the proletariat.
12. Communist State from Stalin to Gorbachov.
13. Fundamental Rights: Human rights
14. Judicial Review: European Court of Human Rights
15. Human Rights: International conventions
16. Limits & doctrine of domestic jurisdiction in international law.
Unit – II (8 Hours)
Federalism 1. What is a federal government?
2. Difference, between confederation and federation
3. Conditions requisite for federalism.
4. Patterns of federal government - U.S.A., Australia, Canada, India.
5. Judicial review - for federal umpiring
6. New trends in federalism: Co-operative federalism
7. India - Central Control v. State Autonomy
8. Political factors influencing federalism
9. Plural aspects of Indian Federalism: Jammu & Kashmir, Punjab, Assam.
10. Dynamic of federalism.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 56 of 64
Unit – III (8 Hours)
Pluralism
1. What is a pluralistic society?
2. Ethnic, linguistic, cultural, political pluralism
3. Individual rights - right to dissent
4. Freedom of speech and expression
5. Freedom of the press
6. Freedom of association
7. Rights to separateness
8. Freedom of religion
9. Rights of the religious and linguistic minorities
10. Compensatory discrimination for backward classes
11. Women - rights to equality and right to special protection
12. Scheduled Tribes, Distinct Identity - protection against exploitation - NSIS – Exclusion from Hindu
Law
Unit – IV (8 Hours)
Uniform Civil Code & Equality
1. Non-State law (NSLS) and State Law Systems - Problem of a Uniform Code v personal laws-
vertical federalism
2. Equality in Plural Society
a. Right to equality and reasonable classification
b. Prohibition of discrimination on ground of religion, caste, sex, language.
c. Abolition of untouchability
d. Secularism - constitutional principles
e. Tribal Groups and Equality
Unit – V (8 Hours)
Pluralism and International Concerns 1. International Declaration of Human Rights
2. Conventions against genocide
3. Protection of religious, ethnic and linguistic minorities
4. State Intervention for protection of human rights
5. Right of self-determination
Suggested Reading: 1. Upendra Baxi, "Law, Democracy and Human Rights"- 5 Lokayan Bulletin 4 (1987)
2. V.M. Dandekar "Unitary Elements in a Federal Constitution" 22 E.P.W. 1865 (1988)
3. Rajeev Dhavan, "The Press and the Constitutional Guarantee of Free Speech and Expression" 28
J.I.L.I. 299 (1986)
4. M.A. Fazal "Drafting A British Bill of Rights" 27 J.I.L.I. 423 (1985)
5. M.P. Jain Indian Constitutional Law (1994), Wadhwa.
6. Jagat Narain "Judicial Law Making and the Place of the Directive Principles in the Indian
Constitution," J.I.L.I. 198 (1985).
7. Rhett Ludwikowski, "Judicial Review in the socialist Legal Systems: Current Development" 37
I.C.L.D. 89-108 (1988)
8. S.P. Sathe, Fundamental Rights and Amendment of the Indian Constitution, (1968)
9. H.M. Seervai, Constitutional Law of India (1993), Tripathi, Bomaby.
10. Students should consult relevant volumes of the Annual Survey of Indian Law published by the
Indian Law Institute.
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 57 of 64
Semester III
HUMAN RIGHTS
Course Code: LLMC302 L-4, T-0, P-0, C-4
Objective: Human rights were conceived rather narrowly as mere freedom from arbitrary government in
the past. It was realised later and much more so during last fifty years since the end of the Second
World War that the threats to liberty, equality and justice did not emanate from the state alone. Many
nations of Asia and Africa came to nationhood during this period. These nations had to bring about their
development and they needed capital. Foreign aid and foreign investments were invited but these could
very well lead to their second subjugation. Poverty, ignorance, exploitation had to be fought at the
global level. Development had to come without the sacrifice of human values. A greater awareness of
human rights, not only as negative restrictions on the state but as positive obligations for creating an
environment in which man could live with dignity was necessary.
The focus of a course on human rights must be on the national problems with an international or global
perspective. The world community's concerns about human rights have been expressed through various
conventions. On the national levels, they are contained in constitutional provisions such as directive
principles of state policy, fundamental rights, fundamental duties and judicial, legislative as well as
administrative strategies of reconstruction. Human rights acquire much more comprehensive and wider
meaning. It requires us to take up cudgels against poverty discriminations based on caste, colour or sex,
make provisions for drinking water, population control, conservation and preservation of natural
resources, ecological balance, protection of consumers against ruthless and profit seeking, traders or
manufacturers, provisions against hazardous industries and so on and so froth. Human rights is an
important parameter for a just society and future lawyers must be able to assess any programme of social
transformation with reference to them.
Course Contents:
Unit – I (8 Hours)
Panoramic View of Human Rights
1. Human Rights in Non-western Thoughts
2. Awareness of Human rights during the nationalist movement
3. Universal Declaration of Human Rights, Constituent Assembly and Part III, drafting process.
4. Subsequent developments in International Law and the Position in India (e.g. Convention of Social
discrimination, torture, gender discrimination, environment and the two human rights convenants.)
Unit – II (8 Hours)
Right not be Subject to Torture, Inhuman or Cruel Treatment& Minority
1. Conceptions of torture, third-degree methods & its justifications.
2. Outlawry of torture at international and constitutional law level
3. Incidence of torture in India
4. Judicial attitudes
5. Law Reform - proposed and pending
6. Minority Rights
7. Conception of minorities
8. Scope of protection
9. The position of minority "Woman" and their basic rights
10. Communal Riots as Involving violation of Rights.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 58 of 64
Unit – III (8 Hours)
Rights to development of Individuals and Nations
1. The UN Declaration on Right to Development, 1987
2. The need for constitutional and legal changes in India from human rights standpoint
3. People's Participation in Protection and Promotion of Human Rights
a. Role of International NGOS
b. Amnesty International
c. Minority Rights Groups
d. International Bars Association, Law Asia
e. Contribution of these groups to protection and promotion of human rights in India.
Unit – IV (8 Hours)
Development Agencies and Human Rights 1. Major international funding agencies and their operations in India
2. World Bank lending and resultant violation/promotion of human rights
3. Should development assistance be tied to observance of human rights (as embodied in various UN
declarations)
Unit – V (8 Hours)
European Convention of Human Rights
1. European Commission/Court of Human Rights
2. Amnesty International
3. PUCL, PUDR, Citizens for Democracy
4. Minorities Commission
5. Human Rights Commission
6. Remedies Against Violation of Human Rights
Suggested Reading:
1. M.J. Akbar, Riots After Riots (1988)
2. U.Baxi (ed.), The Right to be Human (1986)
3. U.Baxi, The Crisis of the Indian Legal System (1982), Vikas Publishing House, New Delhi.
4. F.Kazmi, Human Rights (1987)
5. L.Levin, Human Rights (1982)
6. Madhavtirtha, Human Rights (1953)
7. W.P. Gromley, Human Rights and Environment (1976)
8. Beddard, Human Rights and Europe (1980)
9. Nagendra Singh, Human Rights and International Co-operation (1969)
10. S.C. Kashyap, Human Rights and Parliament (1978)
11. S.C. Khare, Human Rights and United Nations (1977)
12. Moskowitz, Human Rights and World Order (1958)
13. J.A. Andrews, Human Rights in International Law (1986)
14. Menon (ed.), Human Rights in International Law (1985)
15. A.B. Robertson (ed), Human Rights in National and International Law (1970)
16. Upendra Baxi, "Human Rights, Accountability and Development" Indian Journal of international
law 279 (1978)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 59 of 64
Semester III
NATIONAL SECURITY, PUBLIC ORDER, AND RULE OF LAW
Course Code: LLMC303 L-4, T-0, P-0, C-4
Objective: In every written constitution, provision is required to be made to equip the state to face grave
threats to its existence arising from extra-ordinary circumstances created by war or external aggression
or armed rebellion. Although "amidst the clash of arms, the laws are not silent" they do not speak the
same language in war as in peace. Extra-ordinary circumstances warrant the invocation of extra-
ordinary laws and such laws are known as emergency laws. They put greater fetters on individual
liberty and also eclipse certain aspects of the due process. But in such circumstances, the democratic
forces must assert that for survival of the State, the least possible liberty should be available. The
students should be familiarized with different aspects of such emergency powers and scrutinizing
intellectual attitude towards such powers.
Course Contents:
Unit – I (8 Hours)
National Security, Public Orders and Rule of Law
1. Emergency Detention in England - Civil Liberties
2. Subjective satisfaction or objective assessment?
3. Pre-Independence law.
Unit – II (8 Hours)
Preventive Detention and Indian Constitution
1. Article 22 of the Constitution
2. Preventive Detention and Safeguards
3. Declaration of Emergencies
4. 1962, 1965 and 1970 Emergencies
5. 1975 Emergency
Unit – III (8 Hours)
Exceptional Legislation
1. COFEPOSA and other legislation to curb economic offenders
2. TADA: "the draconian law"-comments of NHRC
3. Special courts and tribunals
4. Due process and special legislation
Unit – IV (8 Hours)
Civil Liberties and Emergency
1. Article 19
2. Meaning of "Security of State"
3. Meaning of "Public Order"
4. Suspension of Article 19 rights on declaration of emergency
5. President's Right to suspend right to move any court
6. Article 21 - special importance - its non-suspendability
7. Suspendability -44th amendment
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 60 of 64
Unit – V (8 Hours)
Access to Courts, Emergency & Martial Law
1. Article 359: ups and downs of judicial review
2. Constitution (Forty-fourth), Amendment Act, 1978
3. Constitution (Fifty-ninth) Amendment Act,. 1988
4. Martial Law
a. Provisions in English Law
b. Provisions in the Constitution
Suggested Reading:
1. G.O. Koppell "The Emergency, The Courts and Indian Democracy" 8 J.I.L.I. 287 (1966)
2. H.M. Seervai, The Emergency, Future Safeguards and the habeas Corpus: A Criticism (1978)
3. International Commission of Jurists, Status of Emergency and Human Rights (1984)
4. N.C. Chatterji and Parameshwar Rao, Emergency and the Law (1966)
Note: Latest editions of the books are recommended.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 61 of 64
Semester III
PROJECT WORK
Course Code: LLMC351 L- 0, T-0, P-16, C-8
Objective: The student is expected to learn about a legal problem, analyse and suggest solutions of
problems related with that issue. The objective is to equip the student with the practical knowledge of
actual functioning of the law and to explore & suggest feasible solutions to legal problems.
Guidelines:
1. In the beginning of the semester every student of LL.M. will be given a topic related with the Indian
legal system for preparing a report. A faculty to act as supervisor would be assigned to the student
by the Director/ Principal.
2. Students will have to complete the report within 10-12 weeks. For this work no exemption from
attending the regular classes will be given to any student.
3. The student after completing report will submit it to the college, which will form part of the semester
examination.
4. The report prepared by the student will be titled as project work. The report should be based on
primary data. It should reflect in depth study of a legal problem, ordinarily assigned by the Director/
Principal of the College. Relevant case laws, amendments, bibliography should support it with foot
noting.
5. The report should be divided into chapters. The first Chapter should deal with the brief information
of Indian legal system and its challenges. The other chapters will contain the research/ project work
on the given legal problem & chapters would be as defined in Para -8. The average size of report will
be ordinarily 60 – 80 typed pages in Times New Roman font with standard font size (12) and double
spacing. Two neatly typed and soft bound (paperback) copies of the report will be submitted to the
college. The report will be typed on A4 size paper.
6. A certificate issued by the supervisor for coordinating the research/ project work under his/her
guidance should be attached with the report.
7. The report will be evaluated by internal & external examiners. Internal evaluation would be done
will be done by a committee of three members including the faculty who supervised the project and
other two nominated by the Director/ Principal. External evaluation will be done by the examiner(s)
appointed by the examination division of the University. Evaluation scheme shall be as follows:
a. Internal (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
b. External (50) on the basis of quality of the contents & presentation followed by questions asked
out of the presentation.
8. The format of the report is given below:
a. Cover page
b. Preface
c. Acknowledgement
d. Index
e. Objective of the project work undertaken
f. Literature Review
g. Project / Research Methodology
h. Results and Analysis
i. Conclusions
j. References
k. Appendices – to include questionnaire, if
any.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 62 of 64
Semester III
COMPREHENSIVE VIVA-VOCE
Course Code: LLMC352 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
1. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
2. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
3. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions asked
from their presentation in the class on any topic in front of a panel of at least three faculty member
appointed by the Director/ Principal of the College.
4. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 63 of 64
Semester IV
DISSERTATION
Course Code: LLM451 L-0, T-0, P-0, C-16
Objective: The course aims at creating critical understanding of law with practical orientation on
current issues.
Course Contents:
The evaluation of the Dissertation will be conducted by a Board of Examiners comprising of Dean,
Supervisor and senior most faculty member and an External Examiner with the approval of the Hon’ble
Vice Chancellor.
LLM Revised Syllabus Applicable w.e.f. Academic Session 2011-12 (22022012) Page 64 of 64
Semester IV
COMPREHENSIVE VIVA-VOCE
Course Code: LLM452 L-0, T-0, P-0, C-6
Objective: The course aims at creating critical understanding of law with current practical orientations.
Guidelines:
5. The comprehensive viva-voce is scheduled to be held at the end of the Semester.
6. This is also to see the articulation of what is being learnt by them and see their relevance in the
practical field.
7. The student shall be assessed out of 100 marks, 50 by external and 50 by internal examiner. The
internal marks will be awarded by taking the presentation of the student followed by questions asked
from their presentation in the class on any topic in front of a panel of at least three faculty member
appointed by the Director/ Principal of the College.
8. The marks (out of 50) will be awarded by the external examiner appointed, by the examination
division.