theory: 04 tutorial: 03 theory: 60 tutorial: 45 … · theory: 04 tutorial: 03 theory: 60 tutorial:...

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SEMESTER I

COURSE CODE: LLM 101 COURSE TYPE: CCC

COURSE TITLE: JURISPRUDENCE AND LEGAL THEORY

CREDIT:06 HOURS: 105

THEORY: 04 TUTORIAL: 03 THEORY: 60 TUTORIAL: 45

MARKS: THEORY: 70 TUTORIAL: 30


OBJECTIVE: At the heart of the legal enterprise is the concept of law. Without a deep understanding

of this concept neither legal education nor legal practice can be a purposive activity oriented towards

attainment of justice in society. Moreover, without a comprehension of the cognitive and teleological

foundations of the discipline, pedagogy becomes a mere teaching of the rules. It is unable to present various

statutes, cases, procedure, practices and customs as a systematic body of knowledge, nor is it able to show

the inter-connection between these various branches of law, procedures and principles. The fact that the

basic nature and purpose of law should be clear to every student and that it should be the very foundation

of law teaching needs little argument. A course in jurisprudence should, primarily, induct the student into

a realm of questions concerning law so that he is able to live with their perplexity or complexity and is

driven to seek out answers for himself.

It may not be possible that a one year jurisprudence course can impart knowledge of doctrinesabout law

and justice, developed over the years, in various nations and historical situations. Atbest an undergraduate

course should impart the analytical skill and equip the student with thebasic problems concerning law and

the types of solutions sought. Thus, the student not only willbe able to use this skill in practice but also is

motivated to take up detailed historical studies on hisown after the course. Since a basic idea in the designing

of this course is to bring jurisprudencecloser to our reality, in the selection of cases and reading materials

the teacher should try to makeuse of the Indian material as far as possible.

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Natural Law Theories and Classical Positivism

1. Plato

2. Aristotle

3. Stoic natural law

4. Cicero

5. Hobbes

6. Dark age

7. Cumberland's rebuttal of Hobbes

8. Liberal natural law

9. Revival of natural law theories.

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Analytical School of Law and Pure Theory of Law 1. Austin

2. Bentham

3. H L A Hart

4. Sources of law

5. Command theory

6. Primary and secondary rules of law

7. Kelsen’s pure theory of law

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Sociological School of Law 1. Inhering 2. Ehrlich 3. Roscoe pound 4. Source of law

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Historical and Anthropological School of Law 1. Savigny

2. Maine

3. Grotius

4. Kent

5. Marxist Theories of Law and State

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1. American Realism

2. Scandinavian Realism

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Sources of Law

1. Legislation

2. Precedents: concept of stare decisis

3. Customs

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Legal Theories

1. Rights and Duties

2. Persons

3. Possession and Ownership

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1. Lloyd's Introduction to Jurisprudence

2. Dias Jurisprudence

3. Bodenheimer Jurisprudence

4. Wayne Morrison Jurisprudence

5. H L A Hart Concept of Law

6. Julius Stone Social Dimension of Law

7. W FriedmanLaw in the Changing Society

8. C K Allen Law in the making

9. Fuller; Law and Morality

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SEMESTER I


COURSE TITLE: CONSTITUTIONAL LAW OF INDIA-I





OBJECTIVE: India is a democracy and her Constitution embodies the main principles of the

democratic government- how it comes into being, what are its powers, functions, responsibilities and

obligation show power is limited and distributed. Whatever might have been the original power base

of the Constitution, today it seems to have acquired legitimacy as a highest norm of public law. A good

understanding of the Constitution and the law, which has developed through constitutional

amendments, judicial decisions, constitutional practice and conventions is, therefore, absolutely

necessary for a student of law. He must also know the genesis, nature and special features and be aware

of the social, political and economic influence on the Constitution. The purpose of teaching

constitutional law is to highlight its never-ending growth. Constitutional interpretation is bound to be

influenced by one's social, economic or political predilections. A student must, therefore, learn how

various interpretations of the constitution are possible and why a significant interpretation was

adopted in a particular situation. Such a critical approach is necessary requirement in the study of

constitutional law. Judicial review is an important aspect of constitutional law. India is the only

country where the judiciary has the power to review even constitutional amendments. The application

of basic structure objective in the evaluation of executive actions is an interesting development of

Indian constitutional law. Paripasu the concept of secularism and federalism engraved in the

constitution are, and are to be, interpreted progressively.

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The State

(i) Preamble - Importance and amenability

(ii) Definition of State

(iii)Other authorities

(iv) Application of ejusdem generis

(v) Instrumentality of Govt - Pvt. Corporations

(vi) Is Judiciary a State ?

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Fundamental Rights: Concept and Applicability

(i) Fundamental Rights - Concept - Nature - Necessity and justification - Fundamental

Rights under Indian Constitution

(ii) Enforceability of Fundamental Rights - Judicial Review - Distinctions between pre and

post Constitutional laws - Doctrine of eclipse - Doctrine of Severability - Doctrine of

waiver

(iii)Test for infringement of Fundamental Rights - Definition of Law - Amendment of law ?

(iv) Concept of Basic Structure - From Sankariprasad to Raman Rao and thereafter

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Equality and Rule of Law

(i) Right to equality - Equality before law and equal protection of laws

(ii) Reasonable classification - Absence of arbitrariness - From Ramakrishna Dalmia to

Maneka Gandhi and thereafter

(iii)Prohibition against discrimination

(iv) Equality of opportunity in Public Employment

(v) Concept of protective Classification

(vi) Prohibition of untouchability - Protection of Civil Rights Act, 1995.

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Civil Liberties

(i) Right to Freedom - Freedom of Speech and expression and its 'Territorial Extent - Right to

Information - Right to silence - Freedom of Press - Implications of Commercial

Advertisements - reasonable restrictions - Freedom to assemble peacefully - to form

association - to move freely throughout the territory of India - to reside and settle in any

part of India - to practice any profession or occupation, trade or business – reasonable

restrictions.

(ii) Freedom of the Person - Right of the accused - ex post facto laws - Double jeopardy – right

against self Incrimination - right to life and liberty - scope and contents - from A K Gopalan

to Maneka Gandhi - Impact of Maneka Gandhi's case on prisoners' right, criminal justice,

Death sentence, Environmental protection, Right to Education, Right to health and

Emerging trends in Compensatory jurisprudence - protection against arrest and detention

- Constitutional validity of Preventive Detention Laws in India - Judicial review of

preventive detention laws.

(iii)Right against exploitation - trafficking in human beings - forced labour - child employment

from Peoples' Union for Democratic Rights to M. C. Mehta.

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Religious Freedom

Freedom of Religion - Concept of Religion - Freedom of Conscience and right to profess,

practice and propagate religion - freedom to manage religious affairs - freedom from payment of

tax for promotion of religion - restriction on religious instructions in certain educational

institutions - Right of Minorities - Right to conserve language, script of culture Admission to

educational institutions - Minorities right to establish educational Institutions -From in Re Kerala

Education Bill to T M A Pai Foundation and trends thereafter.

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Features of Writ Jurisdiction under Art. 32 Concept of locus standi - Dynamic approach of

Supreme Court on Public Interest Litigation – Judicial Activism - Comparison between Art. 32

and 226.

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rs Directive Principles of State Policy–

Nature, content and justiciability - Inter relationship between Fundamental Rights and DPSP -

From ChampakamDorirajan to Mohini Jain and thereafter - Transition of DPSP into

Fundamental rights by judicial interpretation Fundamental Rights and Fundamental duties.

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1. P. Ishwara Bhat Inter-relationship between Fundamental Rights

2. M P Jain Indian Constitutional Law

3. H M Seervai Constitutional Law of India

4. V N Shukla Constitution of India

5. D DBasu Shorter Constitution of India

6. B Sivarao Constitutional Assembly Debates

7. J. V R Krishna Iyer Fundamental Rights and Directive Principles

8. Paras Diwan Human Rights and the Law

9. P K Tripathi Some Insight into Fundamental Rights

10. S P Sathe Fundamental Rights and Amendment to the Constitution

11. P B Gajendragadkar Law, Liberty and Social Justice

12. David Karrys Politics of Law

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SEMESTER I


COURSE TITLE: LEGISLATION- PRINCIPLES, METHOD & INTERPRETATION





OBJECTIVE: Legislation is the major source of law of the modern era. Legislatures enact laws after

much deliberation. No doubt in this process they have to take into account the present and future needs

of the people. What are the matters to be reckoned with by legislature while enacting laws? With the

emergence of legislation, interpretation of statutes became a method by which judiciary explores the

intention behind the statutes. Judicial interpretation involves construction of words, phrases and

expressions. In their attempt to make the old and existing statutes contextually relevant, courts used to

develop certain rules, doctrines and principles of interpretation. Judiciary plays a highly creative role

in this respect. What are the techniques adopted by courts in construing statutes? How far are they

successful in their strategy?

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Law and Public Opinion

Relation between Law and Public Opinion

Bentham’s Principles of Legislation-Individualism, Collectivism

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Rules of Interpretation

Literal interpretation,

Golden Rule,

Mischief rule,

Internal and External Aids,

Mandatory and Directory Provisions

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Legal Implications and Rules of Interpretation

Operation of Statutes,

Expiry and Repeal of Statues,

Remedial and Penal Statutes,

Taxing Statutes

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Kinds of Legislation

Supreme and Delegated Legislation

Factors Responsible for the Growth of Delegated legislation,

Mode of Classification and Limitation upon the Power of Delegated Legislation

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Legislative Procedure

Introduction and Passing of Bills:

Ordinary Bill

Money Bill,

Financial Bill,

Ordinance making Power of President and Governor

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1. Bentham, Jeremy : Theory of Legislation (ed.)

2. Craises : Statutory Law

3. Bindra, N.S. : Interpretation of Statutes

4. Crawford : Statutory Construction

5. Dicey, A.V. : Law and Public Opinion in England

6. Maxwell : The Interpretation of Statutes

7. Singh, G.P. : Principles of Statutory Interpretation

8. Sutherland : Statutory Construction

9. Jain, M.P : Administrative Law

10. Jain & Jain : Administrative Law

11. Vepa P. Sarathi : Interpretation of Statutes (4th ed., 2003)

12. S.G.G. Edgar : Craies on Statute Law (1999)

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SEMESTER I

COURSE CODE: LLM S01COURSE TYPE:OSC

COURSE TITLE:RESEARCH METHODOLOGY & COMPUTER APPLICATION: BASICS

CREDIT: 06

THEORY: 06

HOURS : 90

THEORY: 90

MARKS : 100

THEORY: 70 CCA : 30

OBJECTIVE:

- Understands the concept and place of research in concerned subject

- Gets acquainted with various resources for research

- Becomes familiar with various tools of research

- Gets conversant with sampling techniques, methods of research and techniques of analysis of data

- Achieves skills in various research writings

- Gets acquainted with computer Fundamentals and Office Software Package .

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CONCEPT OF RESEARCH :

Meaning and characteristics of research , Steps in research process , Types of research -

i) Basic, applied and action research ii) Quantitative and qualitative research , Areas of

research in concern discipline

SELECTION OF PROBLEM FOR RESEARCH : Sources of the selection of the problem , Criteria of the selection of the problem ,Drafting a

research proposal , Meaning and types of variables ,Meaning and types of hypotheses.

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TOOLS OF RESEARCH :

Meaning and general information about construction procedure of (i) Questionnaire, (ii)

Interview, (iii) Psychological test, (iv) observation (v) Rating scale (vi) Attitute scale and

(vii) check list , Advantages and disadvantages of above tools

SAMPLING :

Meaning of population and sample , Importance and characteristics of sample , Sampling

techniques - i) Probability sampling : random sampling, stratified random sampling,

systematic sampling, cluster sampling ii) Non-probability sampling: incidental sampling,

purposive sampling, quata sampling

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METHODS OF RESEARCH

Meaning and conducting procedure of following methods of research : Historical method

, Survey method , Case study , Causal comparative method , Developmental methods

, Experimental methods

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TREATMENT OF DATA :

Level of measurements of data , Steps in treatment of data: editing, coding, classification,

tabulation, analysis and interpretation of results

WRITING RESEARCH REPORT : Sections of report : Preliminary section , Content section : various chapters , Supplementary

section : appendices, references, abstract , Format and style

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15 H

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Computer Fundamentals

Computer System : Features, Basic Applications of Computer, Generations of computers.

Parts of Computer System : Block Diagram of Computer System ; Central Processing Unit (CPU)

; Concepts and types of Hardware and Software, Input Devices - Mouse, Keyboard, Scanner, Bar

Code Reader, track ball ; Output Devices - Monitor, Printer, Plotter, Speaker ; Computer Memory

- primary and secondary memory, magnetic and optical storage devices.

Operating Systems - MS Windows : Basics of Windows OS ; Components of Windows - icons,

taskbar, activating windows, using desktop, title bar, running applications, exploring computer,

managing files and folders, copying and moving files and folders ; Control panel : display

properties, adding and removing software and hardware, setting date and time, screensaver and

appearance ; Windows Accessories : Calculator, Notepad, WordPad, Paint Brush, Command

Prompt, Windows Explorer.

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Office Software Package

Word Processing - MS Word :Creating, Saving, Opening, Editing, Formatting, Page Setup and

printing Documents ; Using tables, pictures, and charts in Documents ; Using Mail Merge sending

a document to a group of people and creating form, letters and label.

Spreadsheet - MS Excel :Opening a Blank or New Workbook, entering data/Function/ Formula

into worksheet cell, Saving, Editing, Formatting, Page Setup and printing Workbooks.

Presentation Software - MS Power Point : Creating and enhancing a presentation, modifying a

presentation, working with visual elements, adding Animations & Transitions and delivering a

presentation.

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Agrawal, Y. P. (1988). Better sampling : Concepts, Techniques and Evaluation.New Delhi :

sterling Publishers Private Ltd.Best, J. W. (1993).

Research in Education (6th ed.)New Delhi : Prentice-Hall of India Pvt. Ltd.

Broota, K. D. (1992) Experimental design in Behavioral Research (2nd ed.)

New Delhi : Wiley Eastern Limited.

Dasgupta, A. K. (1968). Methodology of Economic Research.Bombay: Asia Publishing House.

Edwards, A. L. (1957). Techniques of Attitude Scale construction.New York : Appleton-Contury

Gall, M. D., Gall, J. P. and Borg, W. R. (2007). Educational Research : An introduction

(8th ed.) Coston : Allyn and Bacon.

Garrett, H. E. & Woodworth, R. S. (1969). Statistics in Psychology and Education.Bombay

:Vakils, Fecffer& Simons Pvt. Ltd.

Goode, W. J. &Hatt, Paul K. (1952). Methods in Social Research.New York : McGraw-Hill.

Gopal, M. H. (1964). An Introduction to research Procedure in Social Sciences. Bombay : Asia

Publishing House.

Hillway, T. (1964) Introduction to Research (2nd ed.) Noston : Houghton Miffin.

Hyman, H. H., et al. (1975). Interviewing in Social Research.

Chicago : University of Chicago Press.

Kerlinger, F. N. (1983) Foundation of Behavioural Research. (2nd Indian Reprint)

New York : Holt, Rinehart and Winston.

Kothari, C. R. (2007) Research Methodology: Methods & Techniques( 3rd ed.)

New Delhi :Wishwa Prakashan.Fundamentals Of Computers, Dr. P. Mohan, Himalaya Publishing

House.

Microsoft First Look Office 2010, K. Murray, Microsoft Press.

Fundamental Of Research Methodology And Statistics, Y.K. Singh, New Age

International (P) Limited, Publishers Practical Research Methods, Dr Catherine Dawson,

The Essence Of Research Methodology, Jan Jonker & Bartjan Pennink, Springer.

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SEMESTER I

COURSE CODE: LLMA 01 COURSE TYPE: ECC/CB

COURSE TITLE: CONSTITUTIONALISM & INDIAN POLITICAL SYSTEM





OBJECTIVE: This course will focus on the historical construction and theoretical explanations (and critics)

of the idea of the State. We will seek to unpack legal and political debates over competing approaches over

the legitimacy of the State, its relationships with law and Constitution, the challenges of the Rule of law and

Democracy, and current controversies about judicial interpretations of the Constitution. The course will begin

by examining the concepts of the State and law, through the reading of some “classic” texts on the topic.

Then, we will examine the core features of the Rule of law, underlying its closed relationships with the

recognition and adjudication of Human Rights. Eventually, we will critically consider theories concerning

judicial interpretations of the Constitution, through the lenses of democratic ideals. At the end of the course,

the student will have acquired the understanding of: - The main political theories and historical influences

over the discussions surrounding the topics we have examined during the course. - The importance of judicial

interpretations of the Constitution in promoting Democracy but also it’s inconvenient.

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Constitutionalism

1. Meaning

2. Essential elements

3. Difference between constitution and constitutionalism

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Rule of Law

1. Meaning

2. Essentials

3. Conventional and written laws

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Approaches to the Study of Indian Politics: Institutional, Political, Economy, and Human-

Governance Approach, Ideological Basis of Indian Constitution; State in India: Democratic,

Developmental.

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Changing Nature of Indian Federalism; Demands for State Autonomy; Creation of New States.

The Parliamentary System: Functioning, and Challenges.

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Judicial System: Judicial Activism and Judicial Reforms; Affirmative Actions and Forms of New

Assertions: Caste, Religion, and Ethnicity.

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Parties and Politics: Evolving Nature of Indian Party System, Breakdown of one Dominant Party

System and Emergence of Regional Parties; Coalition Politics and Electoral Reforms;

Liberalization of Indian Economy, and Regional and Social Disparities; Working of Indian

Democracy; An Assessment.

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HOBBES, Thomas, The Leviathan, Chapters XIII & XVII [entry]

LOCKE, John, The Second Treatise of Civil Government, Chapter IX [entry]

ROUSSEAU, Jean-Jacques, The Social Contract or Principles of Political Right

MONTESQUIEU, The spirit of the laws,

RAZ, Joseph, “The rule of law and its virtue”, in The authority of law, Oxford University Press, 1979

Dicey on British constitution

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SEMESTER I


COURSE TITLE: LOCAL SELF-GOVERNMENT & FEDERAL GOVERNANCE





OBJECTIVE: With the introduction of the Constitution seventy third and seventy fourth amendments,

India is moving towards the ideal of direct democracy endowing the local bodies with powers of

administration in matters of regional and local importance. This change has added new vistas of Indian

democracy and it offers an opportunity to translate the Gandhian concept of Gram Swaraj into

practice. Necessarily, a person specializing in administrative law has to be equipped with the knowledge

on the working of early systems, the present constitutional scheme, the legislative powers of the State

transferring responsibility to local bodies and on the increasing regulatory and financial powers of the

local bodies. The nature of the democratic functioning of these elected bodies and the scope of

administrative control as well of the judicial control over them are challenging areas for students of

administrative law to evaluate and help formulation of new and pragmatic working methods.

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Historical Perspectives Early period

Gram Swaraj: the Gandhian concept between constitution and constitutionalism

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Constitutional Scheme Directive Principles Structure and powers of local bodies

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Legislative Powers Direct democracy and grass root planning Municipalities and corporation Gram Sabha

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Quasi-legislative Powers Rule making power of the State Government Regulations and Bye-laws

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Federalism

Nature

Essentials

Legislative relations

Administrative relations

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Impact of federalism on local Self Governance

-Uniformity in governance

-Responsibility of State to strengthen Local Self Governance

- In Metropolitan Cities Se

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Friedman, The State and the Rule of Law in a Mixed Economy Neville L. Brown and J.F. Garner, French Administrative Law Dicey, Introduction to the Law of the Constitution, Iwor Jennings, Law and the Constitution Schwartz & Wade, Legal Control of Government Davis, Discretionary Justice Jain & Jain, Principles of Administrative Law (1986), Tripathi, Bombay De Smith, Judicial Review of Administrative Action (1995) Indian Law Institute, Government Regulation of Private W. Thornhill (ed.), The Growth and Reform of English Local Self-government (1971), Weidenfeld and Nierlson, London RadhakumudMookerji, Local Government in Ancient India (1985), Daya Publishing Delhi. M. Venketarangaiya& M. Pattabhiram, Local Government in India (1969) Allied, New Delhi.

SEMESTER I


COURSE TITLE: ENVIRONMENT ADMINISTRATION


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OBJECTIVE: The Environmental law programme, in contrast to other law curricula, has certain

characteristics which make it unique and is one of the best instruments for breaking the ice of colonial

legal education. Its uniqueness lies in the fact that the problems it raises do not relate merely to specific

individuals but about such matters as national development, industrial policy, policies concerning

natural resources, injustice to communities, inter generational equity and prevention of pollution. All

these issues relate to problematic about construction of a just, humane and healthy society. Secondly,

environmental law necessarily demands an inter-disciplinary approach. Thirdly, uniqueness of the

subject is borne out by the new epistemological outlook which ecology-related knowledge has brought

about in recent times. The development of ecological knowledge has necessitated an overall change not

only in managerial studies but also in socio-legal explorations. This approach to the growing

dimensions of environmental law is essential.

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Concept of environment and Pollution Environment Meaning and contents Pollution Meaning Kinds of pollution Effects of pollution

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Legal control: historical perspectives Indian tradition : dharma of environment British Raj - industrial development and exploitation of nature Nuisance: penal code and procedural codes Free India - continuance of British influence Old laws and new interpretations

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Constitution making - development and property oriented approach Directive principles Status, role and interrelationship with fundamental rights and fundamental duties. Fundamental Duty judicial approach Fundamental Rights Rights to clean and healthy environment Right to education Right to information Environment v. Development Enforcing agencies and remedies Courts Tribunal Constitutional, statutory and judicial remedies Emerging principles Polluter pays: public liability insurance Precautionary principle Public trust doctrine Sustainable development

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Environment Protection Protection agencies: power and functions Protection : means and sanctions Emerging protection through delegated legislation Hazardous waste, Bio-medical waste Genetic engineering Disaster emergency preparedness Environment impact assessment. Coastal zone management Environmental audit and eco mark Judiciary : complex problems in administration of environmental justice

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International regime Stockholm conference Green house effect and ozone depletion Rio conference Bio-diversity U.N. declaration on right to development. Wetlands

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AarminRosencranz, et al., (eds.,), Environmental Law and Policy in India, (2000), Oxford R.B.Singh& Suresh Misra, Environmental Law in India (1996), Concept Publishing Co., New Delhi. Kailash Thakur, Environmental Protection Law and Policy in India (1997), Deep & Deep publications, New Delhi. Richard L.Riversz, et.al. (eds.) Environmental Law, the Economy and Sustainable Development (2000), Cambridge. Christopher D.Stone, Should Trees Have Standing and other Essays on Law, Morals and the Environment (1996), Oceana Leelakrishnan, P et. al. (eds.), Law and Environment (1990), Eastern, Lucknow Leelakrishnan, P, The Environmental Law in India (1999), Butterworths-India Department of Science and Technology, Government of India, Report of the Committee for Recommending Legislative Measures and Administrative Machinery for Ensuring Environmental Protection (1980) (Tiwari Committee Report). Indian Journal of Public Administration, Special Number on Environment and Administration, July-September 1988, Vol. XXXV, No.3, pp.353-801 Centre for Science and Environment, The State of India's Environment 1982, The State of India's Environment 1984-85 and The State of Indian Environment 1999-2000.

SEMESTER I


COURSE TITLE: PUBLIC POLICY AND DEVELOPMENT

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OBJECTIVE: The course is being introduced in order to prepare students for understanding and

analyzing public policy in India. Public Policy is an emerging discipline worldwide. In order to make

students familiar with emerging areas and issues in public laws. On the one hand the course introduces

the concept and debates around public policy and development,on the other hand it also includes

practical issues of public policy making in India while incorporating the two popular schemes.

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Understanding the meaning of Public Policy and Development 1. Basics of public policy and Development 2. definitions of these two concepts 3. Existing theories and debates around these concepts. 4. Issues of Public Policy and Development.-its characteristics and norms. 5. Relationship between Public Administration, Politics and Public Policy

6. Public Policy and Development 7. Emerging issues in global public policy.

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1. Making of public policies and implemented 2. Public policy, development and various process and institutions. 3. Development as the public policy context which includes it political, constitutional, legal,

administrative, and socio-economic dimensions. 4. Role of the government, bureaucracy, parliament, courts, political parties, corporate sector,

interest groups, citizens, and NGOs in the policy processes

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Public Policy in India

1. Public Policy in India: Models and Trends 2. Understanding Mahatama Gandhi National Rural Employment Guarantee Act, National Rural

Health Mission

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Judiciary and Public Policies

1. Judicial review of public policies 2. Affirmative action of judiciary 3. Judicial activism and development

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Development and human rights

1. Essentials of human rights

2. Development as a tool to protest and promote human rights

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1. Michael Howlett and M.Ramesh (2003), Studying Public Policy, (Ontario: Oxford University Press),

2. Hyden, Goran, Jullius Court, and Kenneth Mease (2005), Making Sense of Governance (New Delhi:

Viva Books Private Ltd.),

3. Thomas A. Birkland, An Introduction to the Policy Process, Theories, concepts and models of

Public Policy Making, (New York: M.E. Sharpe: 2005), ]

4. Wolfgang H. Reinicke, Global Public Policy, (Washington, Brookings Institution Press, 1998),

5. The MNREGA Homepage by government of India available on

http://nrega.nic.in/netnrega/home.aspx

6. The right to food campaign website.

website.http://www.righttofoodindia.org/rtowork/ega_articles.html

7. http://mohfw.nic.in/NRHM.htm

8. Shalendra D. Sharma (2003), Development and Democracy in India, (New Delhi:

Rawatublications).

SEMESTER I


COURSE TITLE: CIVIL AND POLITICAL RIGHTS

http://www.righttofoodindia.org/rtowork/ega_articles.html

http://mohfw.nic.in/NRHM.htm

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analyzing civil and political rights in India. Since long back, civil and political rights have been major

concern of the human beings and it has advanced with the maturity of the society and emergence of the

State. In this course students will come to know the origin and development of civil and political rights,

its needs and changing dimensions.

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Origin of civil and political rights

1. Natural law theory to the positive law theory

2. Necessities of the globalized world

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IT-2

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15

Ho

urs

Recognition of civil and political rights as Human Rights

Magna Carta to International Covenants on Civil, Political, Economic, Social and Cultural Rights

UN

IT-3

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15

Ho

urs

Recognition of civil and political rights as Fundamental Rights

1. Perambulatory resolve

2. Part-III

3. Part-XV

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IT-4

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15

Ho

urs

Impact of globalization on civil and political rights

Sele

cte

d

Re

adin

gs H M Seervai Constitutional Law of India

V N Shukla Constitution of India

D DBasu Shorter Constitution of India

B Sivarao Constitutional Assembly Debates

J. V R Krishna Iyer Fundamental Rights and Directive Principles

Paras Diwan Human Rights and the Law

P K Tripathi Some Insight into Fundamental Rights

S P Sathe Fundamental Rights and Amendment to the Constitution

P B Gajendragadkar Law, Liberty and Social Justice

SEMESTER I


19

COURSE TITLE: LAW AND MORALITY






analyzing the relation between law and morality. This course will also trace that whether without

morality law could serve the purpose or the morality could be one the touchstone to validate the law.

Whether retrospective laws could be moral or not? These entire things will be analyzed in this course.

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IT-1

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15

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LEGAL POSITIVISM- Riggs. V. Palmer (1859) P. 140-146 INTEGRATION OF LAW AND MORALITY- The Queen v. Dudley and Stephens (1884) p. 154-158 THE ADJUDICATION PROCESS Harvard College v. Canada (2002) pp. 158-161 North Carolina vs. Mann (handout) Commonwealth v. Aves (1836) pp. 182-185

UN

IT-2

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15

Ho

urs

NATURAL LAW and Legal Realism Readings: R.V.S. (1997) p. 282-290 Lavalee v. The Queen p. 290-304

UN

IT-3

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5

Ho

urs

LAW AND VALUES: LIBERTY Reading: John Stuart Mill “On Liberty” (1859) pp. 306-326 Bowers v. Hardwick (1986) p. 505-508 Lawrence v. Texas (2003) p. 508-512 R. V. Malmo-Levine; R.V. Caine (2003) p. 326-330

UN

IT-4

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15

Ho

urs

SAME SEX MARRIAGE-Goodridge v. Department of Public Health (2003) TERRORISM AND THE RULE OF LAW

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gs

Hart: “Positivism and the Separation of Law and Morals” (1958)

Fuller: “Positivism and Fidelity to Law” (1958)

Dworkin “Law’s Ambitions for Itself” (1985)

Holmes, The Path of the Law (1897)

William H. Pryor, Jr.; “Moral Duty and the Rule of Law”

Martin Luther King, Jr.;A letter from a Birmingham jail,