llm hons semester i to iv cbcegs - guru nanak dev universitygndu.ac.in/syllabus/201314/laws/llm hons...

FACULTY OF LAWS

SYLLABUS

FOR

LL.M. (HONS.)

(SEMESTER: I-IV) (Under Credit Based Continuous Evaluation Grading System)

Examination: 2013-14

________________________________________________________________________

GURU NANAK DEV UNIVERSITY AMRITSAR

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Note: (i) Copy rights are reserved. Nobody is allowed to print it in any form. Defaulters will be prosecuted. (ii) Subject to change in the syllabi at any time. Please visit the University website time to time.

LL.M. (TWO YEARS COURSE) (HONS.)

(Under Credit Based Continuous Evaluation Grading System)

1

SCHEME FOR LL.M. (HONS.)

Semester – I

Credits Course No. Title of the Course L T P

Total Credits

LAL751 Jurisprudence-I 5 0 0 5

LAL752 Constitutional Law of India-I 5 0 0 5

LAL753 Principles and Methods of Legislation and Interpretation of Statutes

5 0 0 5

LAL754 Human Rights 5 0 0 5

Total Credits: 20 0 0 20

Semester – II

LAL755 Jurisprudence-II (Law and Social Transformation)

5 0 0 5

LAL756 Constitutional Law of India-II

5 0 0 5

LAL757 Law, Science and Technology 5 0 0 5

LAL758 Comparative Personal Laws 5 0 0 5

Total Credits: 20 0 0 20



2

SCHEME FOR LL.M. (HONS.)

Semester III

Any three groups from LAL801 to LAL809of the following:

Credits Total Credits

CONSTITUTIONAL LAW GROUP L T P

LAL801 Constitutional Law of India

5 0 0 5

CRIMINAL LAW GROUP

LAL802 General Principles of Criminal Law

5 0 0 5

FAMILY LAW GROUP

LAL803 Law of Marriage and Matrimonial Relief 5 0 0 5

CONSUMER PROTECTION LAW AND POLICY GROUP

LAL804 Consumer Protection: International Perspective

5 0 0 5

ENVIRONMENT LAW GROUP

LAL805 Environment Protection Law- International Perspective

5 0 0 5

LABOUR LAW GROUP

LAL806 Labour Jurisprudence and International Labour Standards

5 0 0 5

INTERNATIONAL LAW GROUP

LAL807 General Principles of Public International Law

5 0 0 5

BUSINESS LAW GROUP

LAL808 Law of Industrial and Business Management

5 0 0 5

HUMAN RIGHTS LAW GROUP

LAL809 Human Rights- International Perspective 5 0 0 5

Interdisciplinary Courses To be offered from the outside

Department 4 0 0 4

Total Credits 19 0 0 19



3

Semester IV

Any one group (two papers) out of three groups already taken in Third Semester (from LAL810 to LAL827)

Credits Total Credits

CONSTITUTIONAL LAW GROUP L T P

LAL810 Administrative Law

5 0 0 5

LAL811 Service Law

5 0 0 5

CRIMINAL LAW GROUP

LAL812 Criminal Jurisprudence and Social Defences

5 0 0 5

LAL813 Administration of Criminal Justice

5 0 0 5

FAMILY LAW GROUP LAL814 Law of Adoption and Guardianship 5 0 0 5 LAL815 Law of Succession and Inheritance 5 0 0 5 CONSUMER PROTECTION LAW

AND POLICY GROUP

LAL816 Consumer Protection: National Perspective

5 0 0 5

LAL817 Consumer Protection Act and Competition Law

5 0 0 5

ENVIRONMENT LAW GROUP LAL818 Environment Protection Law- National

Perspective 5 0 0 5

LAL819 Environment and Development- Law and Policy

5 0 0 5

LABOUR LAW GROUP LAL820 Industrial Relations Legislation 5 0 0 5 LAL821 Labour Welfare and Social Security

Legislation 5 0 0 5

INTERNATIONAL LAW GROUP LAL822 International Organizations 5 0 0 5 LAL823 Emerging Trends in International Law 5 0 0 5 BUSINESS LAW GROUP LAL824 Law of Corporate Management

5 0 0 5

LAL825 Trade Law 5 0 0 5 HUMAN RIGHTS LAW GROUP



4

LAL826 Human Rights- National Perspective 5 0 0 5 LAL827 Human Rights, International

Humanitarian and Refugee Law 5 0 0 5

LAD828 Dissertation & Viva-Voce 0 0 10 10 Interdisciplinary Courses

To be offered from the outside Department

4 0 0 4

Total Credits 14 0 10 24 Total Credits of LL.M. (Hons.) = 81

5

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – I (Under Credit Based Continuous Evaluation Grading System)

LAL751 JURISPRUDENCE – I

Credits: 5+0+0 Total Marks: 100 (Equivalent Grade Points to be Indicated)

MINOR I: 20 MINOR II: 20

Major Max. Marks: 50 Quiz/Viva: 10

MINOR I

1. Nature of Jurisprudence 2. Concept of 'Legal Theory' and 'Jurisprudence' 3. Concept and Philosophy of Law 4. Physical, Social, Religious and Legal Order 5. Natural Law and its Re-emergence

MINOR II

1. Historical and Anthropological Jurisprudence 2. Analytical School 3. Pure Theory of Law, Criticism of Pure Theory and Implications of the Theory

MAJOR (Including Minor I & Minor II)

1. Sociological Jurisprudence and Sociology of Law 2. American and Scandanavian Jurisprudence 3. Judicial Activism

Suggested Readings: R.W.N. Dass: Jurisprudence 5th ed. Aditya Books Private Ltd. New Delhi, 1994 G.W. Paton: A Text Book of Jurisprudence Karl N Liewellyn: Jurisprudence Realism in Theory and Practice W. Friedman: Legal Theory 5th ed. London Stevens & Sons 1967

6


LAL752 CONSTITUTIONAL LAW OF INDIA - I




MINOR I Preamble Citizenship Fundamental Rights Fundamental Duties MINOR II Directive Principles of State Policy Union Executive and State Executive Union Legislature and State Legislature MAJOR (Including Minor I & Minor II) Union Judicial and State Judiciary Comptroller and Auditor General Services under the Union and States Amendment of the Constitution Suggested Readings: M.P. Singh (Ed) Shukla’s Constitution of India, Eastern Book Co., Lucknow.

M.P. Jain Indian Constitutional Law.

D.D. Basu Shorter Constitution of India, Prentice Hall of India, New Delhi.

7


LAL753 PRINCIPLES AND METHODS OF LEGISLATION AND INTERPRETATION OF STATUTES




MINOR I -Principles and Methods of Legislation -The Process of Drafting - Different Parts of Statutes - Commencement, Repeal and Revival of Statutes -Enabling, Consolidating and Codifying Statutes -Doctrine of Repugnancy -Power Conferred with specified Purpose -Inference from Negative and Affirmative words. -General Principles of Interpretation of Statutes The Primary Rule: literal construction Mischief Rule; Golden Rule; Harmonious Construction Ut res magis Valeat quam Pereat -Statutes to be read as a whole (Ex Visceribus Actus) MINOR II -Beneficial Construction -Restrictive Construction INTERNAL AIDS Title; Preamble Definition or Interpretation Clause; Headings; -Marginal Notes; Punctuation Marks; Illustrations; Proviso, Explanation; Schedule -Legal fiction, non obstante clause EXTERNAL AIDS -Parliamentary History of the Enactment, Legislative History -General Social Policy; Public Policy- Historical Setting -Previous Legislation and Statutes in Pari materia -Previous Decision -Text Books, Dictionaries - International Conventions MAJOR (Including Minor I & Minor II) -Retrospective Operation of Statutes -Doctrine of Prospective Over Ruling

8

SUBORDINATE PRINCIPLES OF INTERPRETATION -Uni est Exclusio Alterius -Generalia Specialibus Non-derogant; -Treatment of General Words -Doctrine of Ejusdem Generis -Words Understood According to the Subject Matter -Rules of casus omissus -Redendo Singula Singulis; Noscitur a Sociis - Contemporanea expositio est fortissima in lege MODERN STATUTORY INTERPRETATION IN PRACTICE Non Interpretive Doctrines

- The Basis of the Doctrine - Filling in a gap in legal text - Resolving Contradictions - Correcting Mistakes in the language of the text - Avoiding absurdity - Cy Pres Performance

Enlightened Literalism (Evolutionary development of the modern approach) Suggested Readings: Maxwell: Maxwell on Interpetation of Statutes Jermy Bentham: Principles of Morals and Legislation Sutherland: Statutory Construction Craies: Statute Law Craw Ford: Satutory Construction N.S. Bindra: Interpretation of Statutes, Seventh Edition With Supplement, The Law

Book Co., Allahabad, 1987 P.M. Bakhsi: An Introduction to Legislative Drafting, Third Edition,

N.M Tripathi,Bombay J. G.P. Singh: Principles of Statutory Interpretation Shiv Gopal: Interpretation of Statutes V.P. Sarathy: Interpretation of Statutes

9


LAL754 HUMAN RIGHTS

Credits: 5+0+0

Total Marks: 100 (Equivalent Grade Points to be Indicated) MINOR I: 20

MINOR II: 20 Major Max. Marks: 50

Quiz/Viva: 10

MINOR I International Bill of Human Rights

The UN Charter and Human Rights The UN Declaration of Human Rights and its significance The International Covenants on Human Rights

MINOR II Human Rights of weaker section

Convention on elimination of all forms of discrimination against women. Convention on Child Rights. UN Declaration on elimination of all forms of intolerance and discrimination

based on religion or belief, 1987. MAJOR (Including Minor I & Minor II) Prevention of Inhuman Acts

Convention on genocide, 1948. Convention on Protection of all persons from being subjected to torture and other crude

or inhuman degrading treatment or punishment, 1984. Convention on elimination of all forms of racial discrimination,1965. Convention against apartheid, 1972.

Recommended Readings: Batra T.S. : Human Rights – A Critique (1992) Haragopal, G. : Political Economy of Human Rights (1996) Menon Nivedita : Women’s Rights (1995) Mohanty, M & others : People’s Rights (1997) Moon, Vasant (ed.) : Dr. Babasaheb Ambedkar-Writings and Speeches (1991) Weiner M. : State & The child in India (1988) Beetham, David : Politics & Human Rights (1995) Ginsberg, M. : On Justice in Society (1965)

10

Kothari, Smitu & Harsh Sethi : Rethinking Human Rights (1992) Rawls, John : A Theory of Justice (1972) Tuck, Richard : Natural Law & Natural Rights (1988) Waldron, J. : Theories of Rights (1984)

11

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – II (Under Credit Based Continuous Evaluation Grading System)

LAL755 JURISPRUDENCE – II (LAW & SOCIAL TRANSFORMATION)




MINOR I

1. Moral Theory and its Application to Law 2. Connection Between Law and Morality 3. Hart-Fuller Controversy 4. Hart-Devlin Controversy 5. Meaning and Concept of Justice 6. Distributive Justice

MINOR II

1. Advantages and Disadvantages of Justice 2. Justice in Adapting to Change 3. Critical Legal Studies Movement 4. Feminist Jurisprudence

MAJOR (Including Minor I & Minor II)

1. Post-Modernist Jurisprudence 2. Critical Race Theory 3. Property 4. Law and Economics

Suggested Readings:

R.W.M.Dias: Jurisprudence, 5th Ed., Aditya Books Private Ltd. New Delhi, 1994.

G.W. Paton: A Text Book of Jurisprudence

Karl N. Llewellyne: Jurisprudence: Realism in Theory and Practice.

W. Friedman: Legal Theory, 5th Ed., London Stevens & Sons 1967.

Roscoe Pound: An Introduction to the Philosophy of Law.

H.L.A. Hart: The Concept of Law–Second Revised Edition by Joseph Raz.

Ronald Dworkin: Taking Rights Seriously.

Jerome Hall: Foundations of Jurisprudence.

Lord Lloyd: Lloyd's Introduction to Jurisprudence, 6th Ed., M.D.A.

Freeman ELBS with Sweet & Maxwell

N.E. Simonds: Central Issues in Jurisprudence.

Edgar Bodenheimer: The Philosophy and Method of the Law, Harward University Press

12


LAL756 CONSTITUTIONAL LAW OF INDIA - II




MINOR I Relations between Union and States Emergency Provisions

MINOR II Liability of State on Government in Torts and Contracts Freedom of Trade, Commerce and Intercourse Tribunals Elections MAJOR (Including Minor I & Minor II) Right to Property Special Provisions with relating to certain classes Official Languages Special Status to Jammu & Kashmir Pancahyats and Municipalities Schedules Suggested Readings: M.P. Singh (Ed) Shukla’s Constitution of India, Eastern Book Co., Lucknow.

M.P. Jain Indian Constitutional Law.

D.D. Basu Shorter Constitution of India, Prentice Hall of India, New Delhi.

13


LAL 757 LAW, SCIENCE & TECHNOLOGY Credits: 5+0+0



Quiz/Viva: 10 MINOR I Era of Professionalism and Specialisation due to 1st and 2nd Industrial Revolution and the Legal efforts to keep pace with the changing notions Medical Practices and Law Medical Malpractice Confidentiality and Privilege Concept of “Informed Consent” Patients Right of Full Disclosure of Course Of Therapy, including side effects of Drugs MINOR II Biotechnology and the Legal efforts in the fields of- Application on Plants, Animals, Humans BioMetrics Artificial Insemination Human Organs Transplantation Female Foeticide MAJOR (Including Minor I & Minor II) Information Technology Act 2000 as amended by IT Act, 2008 Concept of E-Justice, E-Commerce, M-Commerce Credit Card Frauds Digital Forensics Suggested Readings: Anoop Kaushal- Medical Negligence and Legal Remedies, Universal Law Publishing Co Pvt Ltd., Delhi, 2008. Nandita Adhikari- Law and Medicine, Central Law Publications, 2009. Reference Material Marianne Talbot: Bioethics: An Introduction, Cambridge University Press, 2012. U.Baxi, Biotechnology and Legal Order : Dilemmas of Future of Law and Human Future Ashbourn,J.: Practical Biometrics- From Aspiration to Implementation, Springer Verlag, 2004 Law Relating to Computers, Internet and e-Commerce-Nandan Kamath Cyber Law in India–Farooq Ahmad Guide to Cyber Laws- Rodney D. Ryder Ashbourn,J.: Practical Biometrics- From Aspiration to Implementation, Springer Verlag, 2004

14


LAL 758 COMPARATIVE PERSONAL LAWS




MINOR I Constitutional validity of different Personal Laws Inter-Personal Law Conflicts Uniform Civil Code MINOR II Application of Hindu Law and Muslim Law Nature of marriage under different Personal laws Requirements of marriage under different Personal laws Live-in-Relationship

MAJOR (Including Minor I & Minor II) Nullity of Marriage under different Personal Laws Divorce under different Personal Laws Restitution under different Personal Laws Child Marriage under different Personal Laws Maintenance under different Personal Laws BARE ACTS: The Hindu Marriage Act, 195 The Special Marriage Act, 1954 Anand Marriage Act, 1909 Arya Marriage Validation Act, 1936 Maintenance under Muslim Women (Protection on Divorce) Act, 1986 Suggested Readings: 1. A.M. Bhattacharjee Matrimonial Law and Constitution 2. M.A Qureshi Marriage and Matrimonial Remedies 3. Tahir Mohamad Personal Laws in Crises 4. Naseem Akhter Family Law on Divorce and Judicial Separation

15

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III (Under Credit Based Continuous Evaluation Grading System)

LAL801: CONSTITUTIONAL LAW OF INDIA

Total Marks: 100 (Equivalent Grade Points to be Indicated)



MINOR I (15 Credit Hours) -Concept of Fundamental Rights -State (Article 12) -Who can Claim In-consistency with Law (Article 13) -Right to Equality (Article 14 to 18) -Suspension and Restriction of Fundamental Rights (Articles 31A, 31B, 31C) -Articles 33-35, Articles 358-359 -Amendment of Fundamental Rights MINOR II (15 Credit Hours) -Right to Freedom (Articles 19-22) -Right against Exploitation (Articles 23-24) -Right to Freedom of Religion (Articles 25-28) -Cultural and Educational Rights (Articles 29-30) MAJOR (Including Minor I & Minor II) (20 Credit Hours) -Rights to Constitutional Remedies (Articles 32) -Curative Writs Petition -Directive Principles of State Policy -Relationship of Fundamental Rights and Directive Principles -Fundamental Duties -National Human Rights Commission -State Human Rights Commission Suggested Readings:

1. H.M. Seervai: Constitutional Law of India, N.M. Tripathi, Mumbai, 1993 2. Granville Austin: The Indian Constitution: Corner-stone of a Nation, Oxford University

Press, Mumbai, 1979. 3. M.P. Singh: V.N. Shukla's Constitution of India, Eastern Book Co., Lucknow. 1994 4. P.M. Bakhshi: The Constitution of India, Universal Book Traders, Delhi, 1994. 5. M.P. Jain: Constitutional Law of India 6. D.D. Basu: Human Rights in Constitutional Law, Prentice Hall of India, New Delhi, 1994 7. Reports: National Human Rights Commission Annual Reports 1993, 94, 95

16


LAL802: GENERAL PRINCIPLES OF CRIMINAL LAW




MINOR I (15 Credit Hours) Nature and Definition of Crime Elements of Crime: -Actus Reus -Mens Rea (with special reference to its kinds) MINOR II 15 Credit Hours Inchoate Crimes (Preliminary Crimes) Joint/Constructive Liability Strict Liability MAJOR (Including Minor I & Minor II) 20 Credit Hours General Defences (i) Excusable (ii) Justifiable Four Salient Features of Criminal Law Innocent until proved guilty; Burdon of Proof; Right to remain silent; Double Jeopardy Suggested Readings: Rattan Lal and Dhiraj Lal Law of Crimes, Wadhwa & Co., Nagpur Jaspal Singh Law of Crimes R.C. Nigam General Principles of Criminal Law

17


LAL803: LAW OF MARRIAGE AND MATRIMONIAL RELIEF




MINOR I (15 Credit Hours) Application of Hindu Law & Muslim Law Nature, Requirements and Solemnization of Marriage under Hindu Law, Muslim Law, Christian Law, Parsi Law, Jewish Law and Special Marriage Act, 1954 Live-in-relationship MINOR II (15 Credit Hours) Nullity of Marriage under different Personal Laws Judicial Separation under different Personal Laws Divorce under different Personal Laws Restitution of Conjugal Rights under different Personal Laws MAJOR (Including Minor I & Minor II) (20 Credit Hours) Irretrievable grounds of marriage Child Marriage in India Maintenance under Personal Law Maintenance under Criminal Procedure Code (Cr.P.C) Maintenance under Muslim Women (Protection on Divorce) Act, 1986 Constitutional Validity of different Personal Laws The Maintenance and Welfare of parents and Senior Citizens Act, 2007

Suggested Readings:

1. A.M. Bhattacharjee Matrimonial Law and Constitution

2. M.A. Dureshi Marriage and Matrimonial Remedies

3. Tahir Mohamad Personal Laws in Crisis

4. Naseem Akhtar Family Law on Divorce and Judicial Separation

18


LAL804: CONSUMER PROTECTION: INTERNATIONAL PERSPECTIVE



Quiz/Viva: 10

MINOR I (15 Credit Hours)

- United Nations and Consumer Protection

- Current Status of the UN Guidelines for Consumer Protection

- ECOSOC (Economic and Social Council)

- Consumer Protection in Japan

- Consumer Protection in Brazil

- Consumer Protection Code of Brazil

MINOR II (15 Credit Hours)

- Consumer Protection in the United Kingdom (U.K.)

- Consumer Protection in the United States of America (U.S.A.)

MAJOR (Including Minor I & Minor II) (20 Credit Hours)

- Consumer Protection and Electronic Commerce

- Internal Dispute Resolution and Business and Marketing Practices

- Consumer Perceptions of Privacy and Security Risks in Online Shopping

- Globalisation: A New Paradigm for Consumer Protection

- Consumer Participation in the Post Globalised Era

- Consumer Participation in various Under- developed and Developed Countries

-Corporate Social Responsibility and SEZs

19


Suggested Readings:

• Jan Rifat: Consumerism and Legal Protection of Consumers, Deep and Deep Publications Private Limited, New Delhi, 2007

• Sawant, B.P. and Advertising Law & Ethics, Universal Law Publishing Bandyopadhyay Cooperation Limited, Delhi, 2002.

• D. Bull: A Growing Problem: Pesticide and the Third World Poor Government of India, Report of Working Group of Health for All by 2000 A.D Proceedings of the World Congress on Law and Medicine ( 1984 & onwards)

• Cyber Law, E-Commerce & M- Commerce: Ahmed Tabrez Reference Material:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay,

1995.

2. Cranston, Ross,

3. U.N. Guidelines and Related Developments

4. ECOSOC and International Bodies towards achievement of Consumer Protection

20


LAL805: ENVIRONMENT PROTECTION LAW–INTERNATIONAL

PERSPECTIVE Total Marks: 100 (Equivalent Grade Points to be Indicated)



MINOR I (15 Credit Hours) - Sources of International Environment Law - Development of International Environment Law - Development of Integrated Pollution Prevention and Control - Pollution Prevention and Control Act, 1999 (U.K.) - The Stockholm Conference - Brundtland Commission


(i) Rio-de-Janeiro Conference (ii) Kyoto Protocol (iii) Montreal Protocol (iv) Johns Bourg Declaration (v) The Bali Summit (vi) Aviation and its Impact on Environment

MAJOR (Including Minor I & Minor II) (20 Credit Hours)

- Space Law in 21st Century: Perspectives and Challenges - Space Treaty of 1967: A World Charter of Space Law - EC Directives on National Emissions Ceilings, 2001 - EC Directive on Ambient Quality Assessment and Management 1996 Onwards - The Making of New World Order: Combining International Law and Ecological Sciences - Gothenburg Protocol to Abate Acidification, Eutrophication and Ground Level Ozone,

1999 Suggested Readings: o Birnie, P.W.: International Law and the Environment 2004. o Chandra Geetanjali: Public Interest Litigation and Environment 2006. o Chatterjee, B.: Environment Laws 2007. o Chaturvedi Pardeep: Energy Environment and Sustainable Development 2002. o Gurdeep Singh: Environment Protection.

21


LAL806: LABOUR JURISPRUDENCE AND INTERNATIONAL LABOUR

STANDARDS



Quiz/Viva: 10


Welfare Positivism – Concept of welfare State, Jurisprudence of Welfare Positivism, Feminist Jurisprudence and Labour International Labour Organizations- Origin Structure and Role of ILO in Labour Jurisprudence Conventions and Recommendations ILO Control on Labour Legislation Indian Constitution and Labour- Preambular Objective of Socialist Democracy Fundamental Rights as part of Indian Labour Jurisprudence Directive Principles Jurisprudence and Labour MINOR II (15 Credit Hours) Industrial Relations in Jurisprudence Importance of Industrial Relation Law Tripartism in Industrial Relations Immunities and Protection of Workers Coeriecve means and legitimate Weapons Conciliation and Arbitration Unfair Labour Practices ILO Conventions on Freedom of Associations and collective bargaining (No. 87 and 98) MAJOR (Including Minor I & Minor II) (20 Credit Hours) Social Security Jurisprudence- Importance of Social Security Compensatory Jurisprudence Insurance and Pensionary Jurisprudence Social Security for Un-organized Labour ILO Convention No 18

22


Welfare Jurisprudence ILO Conventions No. 1, 11, 14 ILO Recommendations No. 42 Working Hours for Adult, Child and Women Workers Paid Holidays Safety Provisions Suggested Readings:

1. ILO Website 2. N. Vadynathan, ILO Labour Standards, Deep and Deep Publiciations, Delhi 3. Johannes Sehregle, Negotitating Development, ILO Office, Geneva 4. E M Rao, Industrial Jurisprudence, Lexis Nexis , Butterworths, New Delhi 5. S C Sharma, Industrial Relations Jurisprudence in India, ABS Publications, Jalandhar

23

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – III

(Under Credit Based Continuous Evaluation Grading System) LAL807: GENERAL PRINCIPLES OF PUBLIC INTERNATIONAL LAW




MINOR I (15 Credit Hours) Concept and basis of International Law Codification of International Law Sources and subjects of International Law Relationship between International Law and Municipal Law MINOR II (15 Credit Hours) Codification of the Law of the Sea under UN Territorial Sea: Territorial Waters, Contiguous Zone, Continental Shelf, EEZ High Seas Piracy Developments after 1982 Protection and Preservation of Marine Environment MAJOR (Including Minor I & Minor II) (20 Credit Hours) Terrorism and the UN Legal Control on International Terrorism Terrorism and National Measures Forms of International Terrorism Terrorism and Human Rights Disarmament and the UN Multilateral Treaties on Arms Limitation and Disarmament Disarmament in Specific Zones and Areas Bilateral Treaties on Disarmament

24


Suggested Readings: Ian Brownlie: Principles of Public International Law, Clarendon Press, London, 1990 J.G. Starke: Introduction to International Law, Aditya Books, New Delhi, 1994 D.J. Harris: Cases and materials on International Law, Sweet and maxwell, London, 1991 Malcolm N. Shaw: International Law, Grotius Publications, Cambridge, 1986 Michael Akehurst: A Modem Introduction to International Law, George Allen and Unwin, London, 1984 D.W. Greig: International Law, Butterworths, London, 1976 Sorensen: International Law R. P. Anand: Law of the Sea R.C. Hingorani: Modern international Law, IBH Publishing Co Bombay. 1982 S.K. Kapoor: International Law, Central Law Agency, Allahabad, 1996 K.C. Joshi: International Law and Human Rights

25


LAL808: LAW OF INDUSTRIAL AND BUSINESS MANAGEMENT





Critical Evaluation of the Indian Contract Act Formation of Contract through Posts and Tele-communication Standard Forms of Contract Flaw in Capacity and Quasi-Contract: Effect of Minor's Agreements Doctrine of Restitution and Minor's Agreement in India Contracts by Persons of Unsound Mind Relations Resembling those Created by Contract or Quasi-Contract Supply of Necessaries, Payment by Interested Persons Liability to Pay Non-Gratitutous Acts MINOR II (15 Credit Hours) Finder of Goods Mistake Definition and Meaning of Consideration Flaws in Consent Role of the Doctrine of Privity of Contract in India Effects of Undue Influence and Coercion on the Free Consent and Contract Effects of Misrepresentation and Fraud on the Free Consent and Contract

26


MAJOR (Including Minor I & Minor II) (20 Credit Hours) Legality of Object and Void Agreements Unlawful Agreement-Doctrine of Public Policy and its Effect on Agreements in India Void Agreements Agreements without Consideration Restraint of Marriage and of Trade Statutory and Judicial Exceptions Wagering Agreements, Effects of Wagering Transactions and Unlawful Agreements on Collateral Transactions in India Validity of Agreements in India Role of the Doctrine of Frustration in Contract in India Discharge of Contract Scope of Damages for Contract under the Indian Contract Act Suggested Readings: Chitty On: Contract Acts, Sweet & Maxwell, London Venkatesa lyer's: The Law of Contracts, Vols. I & II, Asia Law House, Hyderabad, 1995. Jeevan Lal Kapur: Pollock and Mulla on Indian Contract Act and Specific Relief Acts, N.M. Tripathi, Bombay, 1972. Avtar Singh: Law of Contract, Eastern Book Co., Lucknow

27


LAL809: HUMAN RIGHTS- INTERNATIONAL PERSPECTIVE

Total Marks: 100 (Equivalent Grade Points to be Indicated) MINOR I: 20 MINOR II: 20


MINOR I (15 Credit Hours) International Human Rights Law-Its evolution, meaning and development; Universal Declaration of Human Rights, 1948; International Covenants on Civil & Political Rights and Social, Education & Cultural Rights of 1966. Principles and Theories of Human Rights. Human Rights Activism and Role of NGOs. Role of Amnesty, Red Cross and National Human Rights Commission MINOR II (15 Credit Hours) U.N. Charter and the U.N. Human Rights System UNHRC and the U.N. Human Rights Committee. Vienna Conference on Human Rights 1993. Regional Conventions & Bodies—European Commission & Court for Human Rights; Inter-American Convention; African Charter of Human Rights. Awareness, Teaching, Research, and Implementation: Human Rights Education, Teaching and Training Human Rights, Peace, Non-Violence, and Conflict Resolution Implementing Human Rights Standards and Required Legal Aid, Remedies and Reforms Role of Judiciary, Public Interest Litigation and Media

28


MAJOR (Including Minor I & Minor II) (20 Credit Hours) Human Rights in International Politics & Economy; Refugee Specific Themes in Human Rights: Refugee Laws and UNHCR Refugee Protection and Plan of Action Refugee Status and Humanitarian Assistance The State, the rule of law and human rights; Role of the police, prisons & courts in the field or human rights; Rights of the accused; Prisons and human rights-rights of prisoners and prison reforms; Capital Punishment; Terrorism and human Rights; Protection of Women and Children; Law relating to prevention of atrocities against Scheduled Castes & Scheduled Tribes; Police atrocities: Role of National Human Rights Commission and State Legal aid. Recommended Readings:

Bhambri C.P. : Indian Politics (2000) Batra T.S. : Human Rights – A Critique (1992) Brass, Paul : Politics of India Since Independence (1995) Chandoke, N. : State & Civil Society (1993) Desai, A.R. : Violation of Democratic Rights in India (1986) Haragopal, G. : Political Economy of Human Rights (1996) Kothari, R. : State Against Democracy (1986) Kohli, Atul : Democracy & Discontent (1988) Kohli, Atul : India’s Democracy (1990) Kishwar, Madhu : In search of answers (1984) Leftwich I : Democracy & Development (1995) Mahajan G. (ed.) : Democracy & Social Justice (1998) Menon Nivedita : Women’s Rights (1995) Mohanty, M & others : People’s Rights (1997) Moon, Vasant (ed.) : Dr. Babasaheb Ambedkar-Writings and

Speeches (1991) Omvedt. G. : Dalits & Democratic Revolution (1991) Rudolphs : In Pursuit of Laxmi (1986) Weiner M. : State & The Child in India (1988)

29

Barker, E : Principles of Social and Political Theory (1970) Beteille, A : Inequality among men (1977) Benn, S.I.& Peters, R.S. : Social Principles and the Democratic State

(1989) Bottomore, T.B. : Classes in Modern Society (1965) Beetham, David : Politics & Human Rights (1995) Chandoke, Neera : Exploring Grey Areas in Rights Theory (1995) Gauba, O.P. : Dimensions of Social Justice (1983) Gauba, O.P. : An Introduction to Political Theory (1995) Ginsberg, M. : On Justice in Society (1965) Jones, Peter : Rights (1993) Kothari, Smitu & Harsh Sethi

: Rethinking Human Rights (1992)

Laski, H.J. : Liberty in the Modern State (1961) Mill, J.S. : On Liberty (1974) Rawls, John : A Theory of Justice (1972) Sen, A. : Development as Freedom (1988) Tuck, Richard : Natural Law & Natural Rights (1988) Waldron, J. : Theories of Rights (1984)

30

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER – IV (Under Credit Based Continuous Evaluation Grading System)

LAL810: ADMINISTRATIVE LAW




MINOR I (15 Credit Hours) Meaning, Nature and Scope of Administrative Law Evolution and Development of Administrative Law in India Relationship between Administrative Law and Constitutional Law Doctrine of Separation of Powers Rule of Law Delegated Legislation-Permissible Limits and Controls MINOR II (15 Credit Hours) Classification of Government Functions Administrative Adjudication-Constitutional Provisions Tribunal System in India Principles of Natural Justice Proceedings Involving the State Tortuous and Contractual Liability of State With holding of Documents from Evidence Doctrine of Estoppel MAJOR (Including Minor I & Minor II) (20 Credit Hours) Right to Information Act, 2005 Right to Services Law Judicial Review of Administrative Action Public Law Review and Private Law Remedies Administrative Discretion Exclusion of Judicial Review Public Interest Litigation and its Emerging Dimensions

31


Suggested Readings:

1. Harlow and Law and Administration (London, 1997)

2. Rawlings Wade and Administrative Law (Oxford 1994, 2004)

3. Forsyth’s Cane Administrative Law (Oxford, 2004)

4. M.P. Jain Cases and Materials on Indian Administrative Law, N.M. Tripathi, Bombay

5. D.D. Basu Administrative Law, Kamal Law House, Calcutta

6. Jain and Jain Principles of Administrative Law, Fourth Edition, N.M. Tripathi, Bombay

7. S.A De Smith Judicial Review of Administrative Action, Third Edition, Stevensons,

London

8. S.P. Sathe Administrative Law, N.M. Tripathi, Bombay

9. I.P. Massey Administrative Law, Fourth Edition, Eastern Book Co., Lucknow

10. C.K. Takwani Lectures on Administrative Law in India, Eastern Law Book Co.,

Lucknow

32


LAL811: SERVICE LAW




MINOR I (15 Credit Hours) Article 323-A of the Constitution of India Administrative Tribunals; their composition, Powers and Procedure under Administrative Tribunals Act, 1985 Constitutional Right to Equality: Relating to Service Matters Services under the Union and States (Articles 308-323) with special emphasis on Article 309-311 MINOR II (15 Credit Hours) Major & Minor penalties Suspension and Substances Subsistence Allowance. Conduct and Procedure of Departmental/Disciplinary enquiries (including charge-sheet, inspection and supply of copies of documents, production of evidence, enquiry report, hearing if any on question of penalty and final question of penalty and final action by competent authority. MAJOR (Including Minor I & Minor II) (20 Credit Hours) Compulsory/Premature Retirement Principles of Equal Pay for Equal Work Status and Rights of Adhoc Employees and their Regularization Principles for Determination of Seniority: (a) Seniority based on date of Confirmation (b) Seniority based on quo-rota rules Adverse entries in Annual Confidential reports (ACRS) Deputation Suggested Readings: 1. Narinder Kumar: Law Relating to Government Servants and Management of Disciplinary

Proceedings. 2. S.T.Srinivasan: Kulshretha’s Service Laws and Constitutional Remedies. 3. M.R.Mallick : Service Law in India.

33


LAL812: CRIMINAL JURISPRUDENCE AND SOCIAL DEFENCES




MINOR I (15 Credit Hours) Concept of Crime Theories of Crime Causation Nulla poena sine lege Nullum crimen sine lege Indian Constitutional aspects, as they find expression in the Criminal Law MINOR II (15 Credit Hours) Victimology Meaning and Nature Categories of Victim Problems of Victim Concept of Juvenile Delinquency Communal Violence MAJOR (Including Minor I & Minor II) (20 Credit Hours) Penology: Definition & its Growth as a Concept Theories of Punishment: Retribution Utilitarian Prevention: Deterrence Utilitarian Intimidation Behavioral Prevention: Incapacitation Behavioral Prevention: Rehabilitation – Expiation Capital Punishment and its Constitutionality Victim Compensation Laws in India Public Interest Litigation

34


Suggested Readings: K.S.Chhabbra:

The Quantum of Punishment in Criminal Law

H.L.A. Hart: Punishment and Responsibility

A.Siddique: Criminology

U.Baxi:

“Dissent, Development and Violence” in R.Meaghar (ed.)

Ranjit Guha (ed.,):

Subaltern Studies Vol. 1-6 (1983-88)

Rajni Kothari: State against Democracy (1987) G.Shah:

Ethnic Minorities and Nation Building: Indian Experience

Law Commission of India, Forty-Second Report Ch.3 (1971) Law Commission of India, One Eighty Seventh Report

K.S. Shukla “Sociology of Deviant Behaviour” in 3 ICSSR Survey of Sociology and Social Anthropology 1969-179 (1986)

Tapas Kumar Banerjee Indian Criminal Law (1990), R. Company & Co., Calcutta.

35


LAL813: ADMINISTRATION OF CRIMINAL JUSTICE




MINOR I (15 Credit Hours) The Accusatorial System of Trial and the Inquisitorial System Hierarchy of criminal courts & their Jurisdiction Criminal Investigation Role of the police, prosecutor and the judge in investigation MINOR II 15 Credit Hours PRE-TRIAL &TRIAL PROCEDURES Arrest and Questioning of the accused The Rights of the accused The Evidentiary Value of Statements/ articles seized/ collected by the Police Role of the Judge , the prosecutor and the defence attorney in the trial Admissibility and inadmissibility of Evidence MAJOR (Including Minor I & Minor II) 20 Credit Hours SENTENCING: Principal Types of sentences in the Penal Code & Special Laws Alternatives to Imprisonment Concept of Bail Probation & Parole Plea Bargaining IMPRISONMENT Classification of Prisoners Rights of Prisoner Legal Aid and Legal Services Disciplinary regime of Indian Prisons & its role Open Prisons & Judicial Surveillance Role of Court in Correctional Programmes in India

36


Suggested Readings: Celia Hampton Criminal Procedure

Wilkins and Cross Outline of the Law of Evidence

Archbold, Pleading Evidence and Practice in Criminal Cases

Sarkar Law of Evidence

K.N. ChandrasekharanPillai (ed.), R.V. Kelkar’s Outlines of Criminal

Procedure (2000), Eastern, Lucknow

Sanders &Young Criminal Justice (1994)

Criminal Procedure Code,1973

14th and 41st report of Indian Law Commission

37


LAL814: LAW OF ADOPTION AND GUARDIANSHIP



Quiz/Viva: 10


Adoption under Hindu Law (Ancient and Modern) Adoption under Customary Law Inter-Country Adoption MINOR II (15 Credit Hours) Hindu minority and Guardianship Act, 1956 Guardianship under different Personal Laws MAJOR (Including Minor I & Minor II) (20 Credit Hours) Hindu Joint Family and Coparcenary Mitakshara and Dayabhaga Schools Karta and his Power of Delineation Son’s pious obligation to pay father’s debt Changing position and Notions of Property Rights of Women Hindu Succession Act

38


LAL815: LAW OF SUCCESSION AND INHERITANCE Total Marks: 100 (Equivalent Grade Points to be Indicated)




Indian Succession Act, 1956 MINOR II (15 Credit Hours) Waqf Hindu Endowment Act MAJOR (Including Minor I & Minor II) (20 Credit Hours) Sources of Hindu Law Dowry Act Dower Matrimonial Property

39


LAL816: CONSUMER PROTECTION: NATIONAL PERSPECTIVE Total Marks: 100 (Equivalent Grade Points to be Indicated)




History and Need for Consumer Protection International Developments in the field of Consumer Protection Development of Consumer Law in India Consumer Rights under the Consumer Protection Act, 1986 Consumer Protection Councils Redressal Mechanism under the Consumer Protection Act, 1986


Applicability of the Consumer Protection Act, 1986 to Various Services:

(a) Consumer Protection Act and the Medical and Legal Profession (b) Consumer Protection Act and the Educational Services MAJOR (Including Minor I & Minor II) (20 Credit Hours)

Developments in the Consumer Protection Law in India

(a) Group Actions and the Consumer Protection Law (b) Business Self-Regulation and Consumer Protection Law (c) Emergence of the Movement for Green Consumerism

Non-Legal Measures for Consumer Protection

(a) Consumer Education (b) Lobbying (c) Boycotting

40


Suggested Readings:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay,

1995.

2. Gurjeet Singh: The Law of Consumer Protection in India: Justice Within Reach, Deep &

Deep Publications, New Delhi, 1996.

3. Avtar Singh: Law of Consumer Protection Principles and Practice, Eastern Book Co.,

Lucknow, 1994.

4. Gurbax Singh: Law of Consumer Protection, Bharat Law Publications, Jaipur, 1993.

5. Pritee Shah (ed.): Consumer Education Series (In 5 Volumes), Consumer Education and

Research Centre, Ahmedabad, 1990-97.

6. Ross Cranston: Consumer and the Law, Second Edition, Weidenfeld and Nicolson,

London, 1984.

7. David W. Oughton: Consumer Law: Texts, Cases and Materials, Blacksone Press,

London, 1991.

8. Iain Ramsay: Consumer Law, Dartmouth Publishing Co., Hants, 1992.

41


LAL817: CONSUMER PROTECTION ACT AND COMPETITION LAW Total Marks: 100 (Equivalent Grade Points to be Indicated)



MINOR I (15 Credit Hours) Anti Trust Laws- Evolution and further Developments Unfair Trade Practices under the Consumer protection Act Restrictive Trade Practices under the Consumer protection Act

MINOR II (15 Credit Hours) Monopolies and Restrictive Trade Practices Act Monopolies and Restrictive Trade Practices Commission Resolution of Conflict between Consumer Protection Act and MRTP Act in cases relating to

unfair trade Practices and Restrictive/Monopolistic Trade Practices MAJOR (Including Minor I & Minor II) (20 Credit Hours) Competition Act, 2002: Objectives Definitions Constitution, Procedure of Competition Commission, Inquiry, Reference, Penalties, Powers,

Execution, Compensation for Contravention, Penalty for failure to comply with directions, Penalty for Non-furnishing of information on combinations

Competition Appellate Tribunal Suggested Readings:

1. D.N. Saraf: Law of Consumer Protection in India, 2nd Edition, N.M. Tripathi, Bombay, 1995.

2. Gurjeet Singh: The Law of Consumer Protection in India: Justice Within Reach, Deep & Deep Publications, New Delhi, 1996.

3. Avtar Singh: Law of Consumer Protection Principles and Practice, Eastern Book Co., Lucknow, 1994.

4. Gurbax Singh: Law of Consumer Protection, Bharat Law Publications, Jaipur, 1993. 5. Pritee Shah (ed.): Consumer Education Series (In 5 Volumes), Consumer Education and

Research Centre, Ahmedabad, 1990-97. 6. Ross Cranston: Consumer and the Law, Second Edition, Weidenfeld and Nicolson,

London, 1984. 7. David W. Oughton: Consumer Law: Texts, Cases and Materials, Blacksone Press,

London, 1991. 8. Iain Ramsay: Consumer Law, Dartmouth Publishing Co., Hants, 1992.

42

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER –IV (Under Credit Based Continuous Evaluation Grading System)

LAL818: Environment Protection Law–National Perspective




MINOR I (15 Credit Hours) Environment

- Historical Development and Growth of Environment Law including CPC Ss. 90-91, Cr.P.C S.133, IPC Ss. 278-279

- Principles of Sustainable Development (i) Inter- Generational Equity (ii) The Precautionary Principle (iii) The Polluter Pays Principle (iv) Doctrine of Public Trust (v) Environment Impact Assessment (vi) Strict Absolute Liability

Constitutional Provisions - Preamble - Legislative Powers concerning Environment (I) Union List (II) State List (III) Concurrent List - Fundamental Rights and Environment Protection - Directive Principles of State Policy and Environment Protection - Fundamental Duties and Environment Protection - Writ Jurisdiction and Prevention of Environmental Pollution - India’s International Obligations to Implement International Agreement - Role of Judiciary in Environment Protection The Water (Prevention and Control of Pollution) Act, 1974

- Composition, Functions and Powers of the Boards - Prevention and Control of Water Pollution - Penalties and Procedure

43


MINOR II (15 Credit Hours) The Air (Prevention and Control of Pollution) Act, 1981

- Composition, Functions and Powers of the Boards - Prevention and Control of Air Pollution - Penalties and Procedure

Noise Pollution - Definitions - Noise Pollution Control and Constitutional Provisions - Sources of Noise Pollution - Effects of Noise Pollution - Control of Noise Pollution under Criminal Law - Control of Noise Pollution under Central Legislations - Control of Noise Pollution under Noise Pollution (Regulation and Control ) Rules,2000

The Environment Protection Act, 1986 - Scope and Commencement of the Act - Definitions - Powers of Central Government to protect and improve environment - Penalty for contravention of the Provisions of the Act - Offences by Companies and Government Departments - Bar of Jurisdiction - Role of Non- Government Organisations in Environment Protection

Public Liability Insurance Act, 1991 - Liability to Give relief on principle of No Fault - Application for Claim for Relief - Cognizance of Offences - Penalty

The National Environment Tribunal Act, 1995 - Liability to pay compensation in Certain Cases on Principle on No Fault - Application for claim for compensation - Composition, Powers and Functions of Tribunal

The National Green Tribunal Act, 2010 - Salient Features

44


MAJOR (Including Minor I & Minor II) (20 Credit Hours) The Hazardous Wastes (Management and Handling) Rules, 1989 as Amended in 2000

- Definitions - Responsibility of the Occupier and Operator of facility for Handling of the Wastes - Import and export of hazardous Wastes for dumping and disposals

The Bio-Medical Waste (Management and Handling) Rules, 1998 - Definitions - Duty of the Occupier - Treatment and disposal of Bio- Medical Waste

The Municipal Solid Wastes (Management and Handling) Rules, 2000 - Definitions - Responsibility of Municipal Authority, State Government and U.T Administrators in

Management of Municipal Solid Waste The Wild Life Protection Act, 1972

- Constitutional Mandate to Protect Wild Life - Composition, Powers and Functions of the Authorities under the Act - Hunting of Wild Animals - Protection of Specified Plants - Protected Areas - Central Zoo Authority and Recognition of Zoo - Trade and Commerce in Wildlife - Prohibition of Trade and Commerce in Trophies, Animal Articles - Prevention and Detention of Offences - Penalties

The Factories Act, 1948 - Chapter III Health - Chapter IV-A Provisions Relating to Hazardous Process Suggested Readings: Our Common Future: The World Commission on Environment and

Development, Oxford University Press,Oxford, 1987.

Paras Diwan and Peuish Diwan: Environment Administration Law and Judicial Attitude (2 Volumes), Deep & Deep Publication, New Delhi, 1992 K. Thakur: Environment Protection: Law and Policy in

India. Deep & Deep Publication New Delhi, 1997 Gurdeep Singh: Environment Protection.

45

LL.M. (TWO YEARS COURSE) (HONS.) SEMESTER –IV (Under Credit Based Continuous Evaluation Grading System)

LAL819: ENVIRONMENT AND DEVELOPMENT- LAW AND POLICY Total Marks: 100 (Equivalent Grade Points to be Indicated)




Environment and Development: Meaning and concept of development - Its impact on environment Conflict between Environment and Development Concept of Sustainable Development. (Principles of Polluter Pay Principle, Precautionary Principle, Intergenerational Equity) Public Trust Doctrine. People’s Movements (Chipko, Tehri and Narmada Bachao Andolan) Land Acquisition for Development projects – Social and Legal Problems. MINOR II (15 Credit Hours) Judicial Activism and Environment: Public Interest Litigation for Environmental Protection; Theories of Development Right to Development Sustainable Development - National and International Perspectives Population Explosion and Environmental Impact Population and Development Population and Sustainable Development MAJOR (Including Minor I & Minor II) (20 Credit Hours) Town and Country Planning: Key to Environment Policy Planning concerning use of urban land Role of Local bodies Environment Impact Assessment- Meaning, Objectives, Scope and Guidelines Role of Government: Five Year Plans Forest Policy Conservation strategy Water Policy Control of Land Development Eco-friendly Land Planning: Conservation, Utilization and Conversion Mining and Quarrying

46


Suggested Readings:

a. Armin Rosencranz, Shyam Divan, Martha L. Noble: Environmental Law

b. A. Agarwal (ed.): Legal Control of Environmental Pollution

c. Chetan Singh Mehta: Environmental Protection and Law

d. V.R. Krishna Iyer, Environment Pollution and Law

e. Shah, Environmental Law

f. Leela Krishna, P, The Evolving Environmental Law and Policy in India

g. Leela Krishna, P, Environmental Law

h. Paras Diwan, Environmental Law, Policy, Administration

i. Animal Laws of India, Maneka Gandhi, University Law Publishing Co. Pvt. Ltd.

j. S. Shanthkumar, E L, Surya Publications, Delhi.

47


LAL820: INDUSTRIAL RELATIONS LEGISLATION




MINOR I (15 Credit Hours) Industrial Relation System Settlement of Disputes Strikes, Lock-Out, Retrenchment, Lay-off, Closure The Industrial Disputes Act, 1947 MINOR II (15 Credit Hours) The Trade Union Democracy Trade Unions: Registration, Recognition, Rights and Obligations of Trade Unions The Trade Union Act, 1926 MAJOR (Including Minor I & Minor II) (20 Credit Hours) The Industrial Employment (Standing Order) Act, 1946 The Child Labour (Prevention and Registration of Regulation) Act The Contract Labour (Regulation and Abolition) Act Suggested Readings: R. Bagri: Law of Industrial Disputes. Bharat Books, New Delhi, 1985 D. Punekar: Labour Welfare, Trade Unionism and Industrial Relations, Himalaya Books, Bombay, 1980 C. Sharma: Jurisprudence of Industrial Relations in India.

48


LAL821: LABOUR WELFARE AND SOCIAL SECURITY LEGISLATION Total Marks: 100 (Equivalent Grade Points to be Indicated)



MINOR I (15 Credit Hours) Labour Welfare: Theories, Working Condition in Factories and Mines State Control and Factories Act, 1948 Regulations of Working Condition, Working Hours, Leave etc MINOR II (15 Credit Hours) Methods of Wage Fixation and Wage Differentials Dearness, Allowances and Other Fringe Benefits Concept and Theories of Social Security MAJOR (Including Minor I & Minor II) (20 Credit Hours) Social Security Legislation in India Statutory Enactments to be studied The Mines Act, 1952 The Employers' Liability Act, 1938 The Minimum Wages Act, 1948 The Payment of Wages Act, 1936 The Payment of Bonus Act, 1965 The Payment of Gratuity Act, 1972 The Maternity Benefit Act, 1961 The Workmen's Compensation Act, 1923

Suggested Readings: International Labour Organization: An Approach to Social Society International Labour Organization: An Introduction to Social Security Workers Education Manual S.B.L. Nigam: State Regulation of Minimum Wages V.G. Goswami: Labour and Industrial Laws S. N. Mishra: Labour and Industrial Laws, Allahabad, Law Agency Allahabad, 1992 K. Madhvan Pillai: Labour and Industrial Law, Allahabad Law Agency, Allahabad, 1993 Reports: Reports of the National Commission on Labour, 1969.

49


LAL822: INTERNATIONAL ORGANISATIONS




MINOR I (15 Credit Hours) Evolution and Classification of International Organisations Function of International Organisations League of Nations: Functions, Achievements and Causes of its Failure Collective Security System under the League and UN MINOR II (15 Credit Hours) United Nations: Historical Background, Purposes and Principles Membership, Suspension and Expulsion Principles Organs of the UN: Security Council, General Assembly, Secretary General, Trusteeship Council, I.C.J, ECO SOC MAJOR (Including Minor I & Minor II) (20 Credit Hours) War and Armed Conflict Laws of Warfare War Crimes

Specialized Agencies -International Labour Organisation (ILO) -World Health Organisation (WHO) -World Intellectual Property Organisation (WIPO) -Int. Monetary Fund (IMF) -Int. Fund for Agricultural Development (IFAD) -Int. Bank for Reconstruction and Development (IBRD)

50


Suggested Readings: D.W. Bowett: The Law of International Institutions, Sweet and Maxwell, London,

1995 Lerory Bennet: International Organisations Principles and Issues, Fourth Edition, Prentice Hall, London, 1994 George Scott: The Rsie and Fall of the League of Nations, Hutchinsons, London, 1973 F.S. Northedge: The League of Nations: Its Life and Times (1920-1946), Leicester

University Press, Leicester, 1986 Sydney D, Bailey: The United Nations: A Short Political Guide, Macmillan Press,

London, 1989 Evan Luard: The United Nations: How it Works and What it Does, Macmillan

Press, London, 1974 Leland M. Godrich: The United Nations in a Changing World, Columbia University

Press, 1974 Pater R. Bacher: The United Nations: Reality and Ideal, Preager Publishers, New York, 1990 Shabtai Rosenne: The World Court, Leiden, A:W., 1973. Nagendra Singh The Role and Record of International Court of Justice, Martinus

Nijhoff Publishers, Boston, 1989.

51


LAL823: EMERGING TRENDS IN INTERNATIONAL LAW




MINOR I (15 Credit Hours) Specialized Agencies: - United Nations Educational, Scientific and Cultural Organisation (UNESCO) - International Finance Corporation (IFC) - International Development Association (IDA) - International Telecommunication Union (ITU) - World Meteorological Organisation (WMO) - United Nations Industrial Development Organisation (UNIDO) MINOR II (15 Credit Hours) - Nationality - Place of Individual in International Law and Human Rights - State Succession - Treaties MAJOR (Including Minor I & Minor II) (20 Credit Hours) - Piracy - Diplomatic Agents Law of Air and Outer Space - Air Space: Theories and Conventions - Five Freedoms of Air - Aircraft Hijacking- Meaning and Development of Law - Various Conventions - Development of Law on Outer Space - Various Conventions and Treaties on Outer Space

52


LAL824: LAW OF CORPORATE MANAGEMENT




MINOR I (15 Credit Hours) Genesis of Corporate Law in India Corporate Personality Doctrine of Ultra Virus Doctrine of Indoor Management MINOR II (15 Credit Hours) Director’s Role Corporate Liability Civil and Criminal Social Responsibility of Corporate Entity Minority Rule MAJOR (Including Minor I & Minor II) (20 Credit Hours) Winding up of Company SEBI Regulations Workers Participation Mergers & Acquisition Collective Bargaining

53


LAL825: TRADE LAW Total Marks: 100 (Equivalent Grade Points to be Indicated)




Introduction to International Trade Law Regulation of International Trade U.N. Convention on the Limitation period in International Sale of Goods Act, 1973 MINOR II (15 Credit Hours) Carriage of Goods by Land, Water and Air Marine Insurance TRIPS and Other Treaties WTO Obligations, Conceptual frame work and agreement MAJOR (Including Minor I & Minor II) (20 Credit Hours) Trade Mark and Passing Off: Introduction to Trade Mark and Its Relevance and Need for Protection, Trade Mark Act, 1999, Passing Off Exhaustion of Right in Trade Mark Domain Name Dispute and Cyber Squatting Law relating to Geographical Indications: Domestic as well as International Law Traditional Knowledge

54


LAL826: HUMAN RIGHTS – NATIONAL PERESPECTIVE




MINOR I (15 Credit Hours) Evolution of Human Rights (a) The UN Charter and Human Rights (b) The Universal Declaration of Human Rights and its Significance (c) International Covenants on Human Rights MINOR II (15 Credit Hours)

Laws for protection of specific categories/ vulnerable Sections of the people Reservation and the right to equality Protection of minorities Protection of Women: in private and public domains Contract and unorganized workers: bonded labour Children Refugees Stateless persons Disabled persons Declaration on the Rights of Mentally Retarded Persons 1971 MAJOR (Including Minor I & Minor II) (20 Credit Hours) Prevention of Inhuman Acts Genocide, Torture, Slavery, Slave Trade and Forced Labour Traffic in human beings and Prostitution Judicial Activism and Protection of Human Rights in India Role of Non-Governmental Organizations in the Promotion and Protection of Human Rights The Protection of Human Rights Act, 1993.

Human Rights violations in public domain: State, land lords, employers, etc; Riots and violence in connection with inter- community tensions Impact of Development policies on Human rights

55


Suggested Readings:

1. Dr. Gurbax Singh Karkara, Commentary on the Protection of Human Rights Act, 1993

2. D.D. Basu, Human Rights in Indian Constitutional Law (1994)

3. Vijay Chitnis, Human Rights and The Law : National and Global Perspectives (1997)

4. B.P. Singh Sehgal, Law, Judicary and Justice in India (1993)

5. James Vadakkumchery , Human Rights and The Policies in India (1996)

6. Poornima Advani, Indian Judicary : A Tribute(1997)

7. Justice Venkataramiah, Human Rights in the Changing World (1998)

8. Paramjit Singh Jaiswal and Neshtha Jaiswal, Human Rights and The Law (1996)

9. Agarwal Om Prakash , Fundamental Rights and Constitutional Remedies

10. K.P.Saxena, Human Rights, Fifty Years of India's Independence

11. G.S. Bajwa, Socio Political Dimension of Human Rights in India (1995)

12. Upendra Baxi, Violence , Dissent and Development : Law and Social Change

13. Upendra Baxi, Court Constitution and Human Rights

14. Narasimham, R.K. Human Rights and Social Justice

15. Rajendra Mangari,Protection of Human Rights Act (1999)

16. Jagmohan Reddy, Minorities and The Constitution (1981)

17. Y.V. Sharma, Indian Constitution and Human Rights

18. A.K. Singh, Role of Judiciary in the Protection and Promotion of Human Rights.

19. S.K. Khanna, Children and Human Rights

20. S.K. Khanna, Women and Human Rights

21. Ved Kumar , Human Right of Children

22. J. Rangnath Misra, Rights of the Child

56


LAL827: HUMAN RIGHTS, INTERNATIONAL HUMANITARIAN AND

REFUGEE LAW Total Marks: 100 (Equivalent Grade Points to be Indicated)




International Bill of Rights-

1. Universal Declaration of Human Rights, 1948 2. International Covenant on Economic, Social and Cultural Rights, 1966 3. International convent on Civil and Political Rights, 1966

Regional Conventions/ Courts on Human Rights-

1. European Court of Human Rights, European Commission of Human Rights, Council of Europe

2. American Commission and Court of Human Rights 3. African Commission and Court of Human and People's Rights 4. Human Rights Commission of India and States

MINOR II 15 Credit Hours

1. Convention on Genocide, 1948 2. Convention on Protection of all Persons from being subjected to Torture and other Cruel or

Inhuman Degrading Treatment or Punishment, 1984. 3. Convention on Elimination of All Forms of Racial Discrimination, 1965; 4. Convention against Apartheid, 1972 5. U.N. Declaration on Elimination of All Forms of Intolerance and Discrimination based on

Religion or Belief, 1987; 6. UNESCO Declaration on Principle of Tolerance, 1995.

57


MAJOR (Including Minor I & Minor II) 20 Credit Hours

Introduction to International Humanitarian Law

1. Nature and Definition of IHL — Historical Background and Origins of IHL (including a

South Asian perspective)

(i) Inter-state resort to force and international law – Prohibition and Exceptions

(ii) Use of Force and International Humanitarian Law (IHL) – Relationship between ius ad

bellum and ius in bello

2. Sources of Modem IHL – Customary International Humanitarian Law - Development of the

Geneva Conventions and Additional Protocols

3. Fundamental Rules of IHL

(i) The Principle of Military Necessity and Humanity

(ii) The Principle of Proportionality and

(iii) The Principle of Distinction

4. Concept of War — International and Non-International Conflicts

5. Relationship between IHL and International Human Rights Law (IHRL); The Problem of

Applicability of Human Rights Law in Armed Conflict

International Refugee

1. Origin and Development of International Refugee Principles.

2. The 1951 UN Convention on the Status of Refugees and its 1967 Protocol.

3. The Definition of Refugee including the Exclusion and Cessation of Refugee Status

4. Ratification of International Instruments by India and their Impact on Refugee Protection

in India, the Impact of the Bangkok Principles —Asian African Legal Consultative

Organisation and Indian Obligations to Provide Refugee Protection

5. National Framework for Refugee Protection in India —Relevant Provisions of the

Constitution of India Role Played by Indian Administrative Authorities, the Judiciary,

NHRC, SAARC LAW and Other Institutions/ Groups/NGO's Including the Role of the

Informal Consultations on Status of Refugees and Migratory Movements in South Asia.

6. Burden Sharing, UNHCR Intervention with Internally Displaced Persons, Problems of

Statelessness, Concept of Temporary Refugee, Irregular Movement of Refugees,

58


Suggested Readings:

1. Anukumah, Evelyn A., The African Commission on Human and People's Rights: Practice

and Procedures (The Hague: Martinus Nijhoff, 1996)

2. Bhargava, G.S., National Human Rights Commission : An Assessment of Its Functioning", in

K.P. Saksena, Ed., Human Rights: Fifty Years of India's Independence (New Delhi : Gyan

Publishing House, 1999), pp.106-118

3. Bloed, A. and others, Monitoring Human Rights in Europe (Dordrecht : Martinus Nijhoff,

1993)

4. Cassese, Antonio, "Aew Approach to Human RightsL The European Convention for the

Preventation of Torture " American Journal of International Law , Vol. 83, 1989 , pp.128-53.

5. Castberg. Frede, The European Convention on Human Rights (Leiden LSijthoff, 1974)

6. Cunningham, Andrew J. European Convention on Human Rights Customary Law and the

Constitution", International and Comparative Law Quarterly, Vol. 43, No.3 1994, pp.553-67

7. Davidson Scot, " Remedies for Violations of the American Convention on Human Rights"

international and Comparative Law Quarterly, Vol.44, No.2, 1995, pp. 405-14

8. Fawcet, J.E. The Application of the European Convention on Human Rights (Oxfords:

Clarendon Press, 1987).

9. Gittleman, Richard,"The African Charter on Human and People's Rights: A Legal Analysis",

Virginia Journal of International Law , Vol. 22 No. 2, 1995, pp.405-14

10. Hamalengama, M. and others, International Law of Human Rights in Africa : Basic

Documents and Annotated Bibliography (Dordrecht: Martinus Nijhoff, 1998).

11. Pena Benote "Human Rights : The Statute of The Inter- American Court of Human Rights",

Harvard International Law Journal Vol. 19 No.1, 1984, pp.139-60.

12. U.N. Human Rights: A Compilation of International Instrument (New York :UN Publication

Division, 1983)

59


13. Jenks, W. Human Rights and International Labour Standards (London : Stevens, 1960)

14. Mani, V.S. " Norms Setting Activities of UNESCO and India's Contribution", in N. Krishan

and C.S. R. Murthy , eds., India and UNESCO five Decades of Co-operation (New Delhi :

Indian National Commission for Co-operation with UNESCO , Govt. of India, New Delhi,

1947), pp. 35-46

15. Meron, Theodor,Human Rights and Humanitarian Norms as Customary Law (Oxford :

Clarendon Press, 1989).

16. Morsink, Johannes, The Universal Declaration of Human Rights : Origins, Drafting and

Intent (Philadelphia: University of Pennsylvania Press, 1999)

17. Saksena , K.P., "International Convents in Human Rights ", Indian Yearbook of International

Affairs, Vol. XV-XVI, 1966-67, pp.595-605

18. Sanajaoba, N, Human Rights : Principles, Practices and Abuses (New Delhi: D.K.

Publishers., Vol. XV-XVI, 1966-67, pp.595-605.