THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES

(NUALS)
(Abstract)

Syllabi for the various courses for the B.A. LL.B. (Hons.) Degree Programme as approved by
the Academic Council which met on 07.12.2019 – orders issued

Administration Section

No. NUALS/Reg./872/01/2019 Kalamassery, 31.12.2019

ORDER

The Academic Council at its meeting held on 07.12.2019 perused the syllabi for the
various courses for the B.A. LL.B. (Hons.) Degree Programme revised by the Board of Studies
(UG) which met on 19.11.2019 and 20.11.2019 and approved the same.

The syllabi for the various courses for the B.A. LL.B. (Hons.) Degree Programme as
approved by the Academic Council are appended.

The revised syllabus will be followed from 01.01.2020.

Orders are issued accordingly.

By order of the Vice-Chancellor

REGISTRAR

Copy to:
(1) All the Members of the Faculty
(2) Controller of Examinations
(3) File copy
(4) Stock file
 SYLLABUS FOR THE B.A. LL.B. (HONS.) PROGRAMME
(CREDIT AND SEMESTER)

1. English I – 4 Credits

I. Modern prose: English for law Lessons 1 to 6 of ‘English for Law’ by M.A.
Yadugiri and Geetha Bhaskar
II. Communicative grammar Part I – Prepositions – Concord – tenses
III. Communicative grammar Part II – Modals – Conditionals - Active and passive
voices - Reported speech
IV. Communicative grammar Part III – Transformation - Question tags and short
responses - Negatives and affirmatives - Complex and compound sentences –
Infinitives - Correlatives
V. Writing skills

Readings:

1. David Green: Contemporary English Grammar -structure and composition

2.F.T. Wood: A Remedial English Grammar for Foreign Students
3. N.Krishnaswamy, A Book of Grammar, Usage and composition
4. A.E.Augustine & K.V. Joseph: Macmillan Grammar: A Handbook
5. Geoffrey Leech & Jan Swartvik (Gopsons Papers Ltd, NOIDA): A Communicative
Grammar of English
6. M.A. Yadugiri, Geetha Bhaskar - English For Law
7. N.Krishnaswamy &T.Sivaram - Creative English For Communication.
8. Krishnamohan,Meera Banerji (Developing Communication Skills) Nilanjan Gupta -
English For A

2. Legal Method– 4 Credits

I. How to use a law library; Sources of Legal Materials – Primary and Secondary
Sources; How to locate International Legal Instruments; How to locate central
legislative materials as well as state specific legislative materials in India;
Understanding the structure and content of primary and delegated legislation in
India; Entry into force of legislations and amendment of legislations in India; Law
Reports – Official Law Report and Unofficial Law Reports in India; Locating Case
Law of Other Jurisdictions with special reference to America and England;
Understanding the features and contents of Secondary sources such as Text
Books, Case Books, Commentaries, Encyclopedias, Digests, Digital Databases and
other resources available in a law library – Legal research using internet and other
online legal databases.
II. Understanding the general framework of Indian, English, American and French
Legal Systems - Hierarchy of Courts, Tribunals and other Judicial Organs - Nature
of disputes decided by the relevant courts – General Overview of Important law
reform and law making bodies in the respective jurisdictions.
III. Understanding the Judicial Process - Doctrine of stare decisis - Doctrine of
stare decisis in India - Rules of practice relating to precedents in India –
 Retrospective and prospective operation of judicial decisions – Overruling,
reversing and distinguishing of cases - Doctrine of prospective overruling.
IV. Understanding a Judicial Opinion - Structure of a judicial opinion - Methods
of legal reasoning – Deductive and inductive - Determination of ratio decidendi –
Obiter dicta and its binding nature - Per incuriam and sub-silentio - Majority
opinion-Significance of Minority, Dissenting and Concurring opinions.
V. Introduction to types of law and select legal terminologies and abbreviations; Legal
Citations – their function in legal writing; Overview of some select legal citation
formats followed in India, America and England; Legal citation signals; Legal
Writing – skills necessary for the preparation of a legal research paper, synopsis of
a research paper, abstracts of research papers, preparation of head notes of cases,
indexes of books, and case briefs; Writing case comments.

Readings:

1. Terence Ingman, The English Legal Process, Oxford University Press (11thedn.).
2. John Bell, Judiciaries Within Europe – A Comparative Review, Oxford University
Press (2010).
3. K.N. Chandrasekharan Pillai, Kelkars Lectures on Criminal Procedure, Eastern
Book Company.
4. Catherine Elliott, Eric Jeanpierre & Catherine Vernon, French Legal System,
Pearson / Longman (2006)
5. William Burnham, Introduction to the Law and Legal System of United States,
Thomson / West (2011)
6. S.K. Verma & M. Afzal Wani, Legal Research and Methodology, The Indian Law
Institute (2001) [ Particularly the chapter “Using a Law Library”]
7. T.K. Viswanathan, Legislative Drafting – Shaping the Law for the New Millennium,
Indian Law Institute (2007). [Particularly Chapter IX titled “The Structure of an Act
– The Form of a Law and Its Constituent Parts”]
8. David R Thomas & Ian D. Hodges, Designing and Managing Your Research Project
– Core Knowledge for Social and Health Researchers, Sage (2010)
9. K.N. Chandrasekharan Pillai & Jacob Joseph, Cases and Materials on Legal Method,
National Institute of Advanced Legal Studies (2005)
10. John C. Dernbach, Richard V. Singleton & Catherine j. Wasson, A Practical
Guide to Legal Writing and Legal Method, Wolters Kluwer Law & Business (2013)
11. Lakshminath, Precedent in Indian Law, Eastern Book Company
12. Research articles and readings recommended by the teacher from time to time.

3. Principles of Economics– 4 Credits

I. Micro Economics:Confronting Scarcity: Choices in Production - Factors of

production - The Production Possibilities Curve - and Supply and Application of
Demand and Supply – Demand – Supply - Demand Supply equilibrium - Putting
demand and Supply to Work – Government Intervention in Market Prices: Price
Floors and Price Ceilings
II. Elasticity: A Measure of Response - The Price Elasticity of Demand -
Responsiveness of Demand to Other Factors - Price Elasticity of Supply -
Maximizing in the Market Place - Market Failure- The Analysis of Consumer
Choice and Production - The Concept of Utility - Utility Maximization and Demand
- Indifference Curve Analysis.
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 III. Production Choices and Costs: The Short Run - Production Choices and Costs:
The Long Run-Competitive Markets and Monopoly - Perfect Competition: Output
Determination in the Short run - Perfect Competition in the Long run - Natural
Monopoly - Market Consumer Surplus - Producer Surplus - Social Welfare and
Deadweight Loss - Impact of Government Interference on Social Welfare
IV. Macro Economics:National Income-meaning and concepts-Methods of measuring
NI-unemployment, black money and corruption- Demand – Consumption -
Household Consumption – Consumption–Income relationship - Marginal Propensity
to Consume (MPC) - Permanent Income Hypothesis - Refinements to Consumption
Theory - Investment Decision - Animal Spirits – Expectations - Evolution of Capital
- Capital to Investment - Business Cycles - Goods Market - Supply-Demand
Equilibrium - Investment Curve - Savings Curve
V. Definition of Money - Supply of Money - Demand for Money - Equilibrium in the
Money Market - Goods Market equilibrium - Money market equilibrium – IS- LM
Equilibrium - Labour Market - IS- LM- FE Equilibrium - Monetary Policy - Fiscal
policy

Readings:

1. Rittenberg, Libby, and Timothy Tregarthen, Principles of Microeconomics, Flat

World Knowledge, 2009
2. Lequiller, F. and Derek Blades, Understanding National Accounts, OECD, 2006
3. Paul Krugman and Robin Wells, New Macroeconomics, Worth Publishers, 2012
4. Robert S. Pindyck and Daniell Rubinfield “Micro Economics (Third Edition)”,
Prentice Hall of India pvt. Ltd, New Delhi (1995)
5. Hal. R. Varian Intermediate Micro Economics-A Modern approach Third edition,
East-West Press Edition (1995)
6. Paul Samuelson, Economics-An introductory analysis.
7. Watson and Cruz, Price theory and its uses.

4. Political Science I: Principles of Political Science – 4 Credits

I. Concepts of State, Society, Government and Sovereignty: their inter relationship; State -
meaning and elements - Origin of the State; Social contract theory - the contributions of Thomas
Hobbes, John Locke and J.J. Rousseau; Evolutionary theory and Marxian theory - Main
postulates; Hindu concept of State - nature and functions of State; Contribution of Aristotle -
Liberal, Marxian and Gandhian views; Sovereignty - meaning, attributes and kinds -Theories of
Sovereignty – Monistic and Pluralist interpretations.

II. Law, Liberty, Equality, Justice, Rights and Duties: their interrelationship; Law – meaning,
sources and kinds; Liberty – meaning and types; Equality - meaning and dimensions; Justice –
meaning, types and importance - contribution of Plato and John Rawls – concept of Social
Justice - Rights and Duties - meaning types and interrelationships; various theories of Rights –
concept of Human Rights.

III Organs of Government: Legislature - structure and functions – unicameral v. bi-cameral

legislature – merits and demerits; functions, role and importance of legislature in modern
democracies; role of upper house in USA and India; Executive - types of Executives – Nominal
v. Real, Single v. Plural – functions of Executive; Judiciary - functions, powers and importance;

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Judicial Review, Judicial Activism – Judicial Reforms in India – recent debate – independence of
judiciary.

IV Forms of Government: Aristotle’s and modern classification - Unitary v. Federal forms –

unique features, merits and demerits; Nature and working of Indian Federalism – Challenges to
Indian Democracy; Presidential v. Parliamentary forms – features of Parliamentary and
Presidential forms; Theory of separation of powers – powers, functions and role of Head of state
in Presidential and Parliamentary forms; role of Prime Minister; position of speaker in England
and India.

V Political participation, political parties, pressure groups, public opinion: Political

participation – meaning, nature and importance of political participation; voting behaviour –
factors influencing voting behaviour in India; representation of minorities – Methods of ensuring
minority representation; importance of elections in democracies; Need for electoral Reforms in
India; Political Parties – Meaning and functions – types of political parties – One party, Two
party and Multi party systems – Nature of party system in India; Role of pressure groups in
modern democracies; Public opinion – meaning and importance – agencies of formulating public
opinion in modern period.

ReadingsL
1. Andrew Heywood : Politics, (Palgrave Foundations)
2. Andrew Heywood : Political Theory, (Palgrave)
3. O.P Gauba : An Introduction to Political Theory, Mac Millan
4. Eddy Asirvatham & K.K. Misra : Political Theory, S. Chand
5. J.C. Johari : Contemporary Political Theory (Sterling)
6. Appadorai : The substance of politics (Oxford)
7. Darren J O Bryne : Human Rights : An Introduction (Pearson)
8. A.P. Avasthi : Indian Government and Politics (Lakshmi Narain
Agarwal)
9. Bidyut Chakrabarty : Indian Government and Politics (Sage)
Rajendra Kumar Pandey.
10. Bipan Chandra etc (ed) : India Since Independence (Penguin)
11. Subrata Mukherjee &
Sushila Ramaswamy : A History of Political Thought (Prentice Hall of
India)

5. History – 4 Credits

I. History-Definitions, Nature and Scope of History-Uses of History-Abuse of History-Various

Interpretations of History-History and Other Social Sciences.
II. Polity, Society, Economy and Education in Ancient and Medieval India-Administration of
Justice in Pre-Modern India-Coming of Europeans and changes in Legal System.
III. Development of Law and Custom-Ancient Law Givers - Dungi, Hammurabi, Moses-Greek
Law Givers-Draco, Solon, Claisthenes, Pericles-Roman Law Givers - Zarathushtra, Confucius-
Hindu Law Givers - Manu, Yajnavalkya, Bruhuspati, Narada etc.
IV. Expansion and Consolidation of Colonial Power in India-Colonial State and Ideology-
Popular Uprisings-Social and Religious reform Movements-Nationalism and Trends up to 1919.
V. Gandhian Era-Nationalism and Social Groups-Communalism: ideologies and Practices-
Independence and Partition-Emergence of a New Nation.

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Readings:
1. E.H. Carr- What is History?
2. R. G. Collingwood-The Idea of History.
3. B. Sheik Ali- History-Its Theory and Method
4. L. Basham- The Wonder that was India (part 1)
5. S.A.A. Rizvi-The Wonder that was India (part 2)
6. Bridget and F. Raymond Allchin- The Rise of Civilisation in India and Pakistan.
7. A.K. Ramunjan- Three Hundred Ramayanas: Five Examples and Three Thoughts on
Translations.
8. Romila Thapar- Ashoka and the Decline of Mauryas
9. Romila Thapar-The Penguin History of Early India (from Origins To AD 1300)
10. R. S. Sharma-Aspects of Political Ideas and Institutions in Ancient India
11. Mohammed Habib-Politics and Society during the Early Medieval Period
12. Satish Chandra- The History of Medieval India
13. Irfan Habib-Agrarian System of Mughal India
14. C.A. Bayly-Indian Society and the Making of the British Empire
15. Bipan Chandra-Nationalism and Colonialism in Modern India
16. Judith Brown-Gandhi’s Rise to Power
17. Bipan Chandra-India’s struggle for Independence
18. Sumit Sarkar-Modern India
19. A.R. Desai-Social Background of Indian Nationalism
20. Anil Seal-Emergence of Indian Nationalism
21. Ranajit Guha-Subaltern Studies
22. Bipan Chandra- Communalism in Modern India

6. Law of Tort – 4 Credits

I. Evolution, Definition, Nature, Scope and Objects of Law of Torts- Principles of

justice equity and good conscience – un-codified character-advantages and
disadvantages-Elements of tortuous liability– damnum sine injuriaand injuriasine
damno; Tort distinguished from crime and breach of contract- Changingscope of
law of torts: Objects -Principles of Liability – Fault; Wrongful intent; Negligence;
Liability without fault; Place of motive in torts. Who may sue – aggrieved
individual – class action – social action group; Statutes granting standing to certain
persons or groups - Who can be sued and who cannot be sued
II. Torts against Persons and Personal Relations and Wrongs affecting Property -
Assault- battery-False imprisonment; Defamation – libel, slander including law
relating to privileges; Marital relations, parental relations, master and servant
relations- Malicious prosecution-Nervous shock; Trespass to Land, Trespass ab-
initio- Dispossession; Nuisance: Definition-Essentials and Types; Acts Which
Constitute Nuisance – Obstructions of Highways, Pollution of Air, Water, Noise,
and Interference with Light and Air-Movable Property; Trespass to Goods-
Detinue- Conversion- Torts Against Business Interests – Injurious Falsehood, Mis-
statements- Passing off-Economic torts.
III. Strict Liability, Absolute Liability and Vicarious Liability- The rule in Rylands v.
Fletcher- Liability for harm caused by inherently dangerous objects and industries.
Development of Law beyond Strict Liability- Rule of Absolute Liability - Vicarious
liability-Basis, scope and justification; Express authorization – Ratification-

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 Abetment- Special Relationships- Master and servant – arising out of and in the
course of employment -who is master? – the control test – who is a servant? –
borrowed servant – independent contractor and servant, distinguished- Principal and
agent-Corporation and principal officer- Government torts-Doctrine of Sovereign
Immunity
IV. Remoteness of Damage, Negligence and Nuisance - Remoteness of Damage and its
tests – Effect of third party intervention - Reasonable foresight – Negligence – Basic
concepts and Theories - Standards of care, duty to take care – carelessness -
inadvertence- Doctrine of contributory negligence - Res ipsa loquitor and its
importance in contemporary law - Liability due to negligence- Professional liability-
Liability of common carriers for negligence- Fundamentals of product liability:
liability of manufacturers and business houses for their products; Nuisance - Public
and Private - Defences and Remedies.
V. Defences in Actions for Torts and Legal Remedies- Justification – Volenti non fit
injuria- Necessity, private and public- Plaintiffs own fault- Act of God- Inevitable
accident- Private defence- Statutory authority-Judicial and quasi-judicial acts-
Parental and quasi-parental authority-Extinguishment of Liability in Certain
Situation – Actio personalis moritur cum persona– exceptions- Waiver and
acquiescence; Release- Accord and satisfaction-Limitation.

Readings:

1. Singh, Guru Prasanna, Ratanlal & Dhirajlal's Law of Torts, 25th ed. NewDelhi:
Wadhwa & Co, 2006.
2. Jones, Michael A. Text book on Torts. New Delhi: Lawman. 1995.
3. Lakshminath, A. and Sridhar M. Ramaswamy lyer's Law of Torts, 10th ed., New
Delhi: Lexisnexis, 2007.
4. Weir, Tony. Introduction to Tort Law, 2nd ed. New York: Oxford UniversityPress,
2006.
5. Pillai, P. S. A. Law of Tort. 9th ed. Lucknow: Eastern Book Co., 2004.
6. Dugdale, Anthony, ed. Clerk & Lindsell on Torts, 19th ed. London: Sweet
&Maxwell, 2006.
7. Howarth, D. R., Hepple Howarth, and Mathews. Tort: Cases & Materials, London:
Oxford University Press, 2005.
8. Weir, Tony. Case book on Tort. 10th ed. London: Sweet & Maxwell, 2004.
9. Rogers, W. V. H. Winfield & Jolowicz on Tort, 7th ed. London: Sweet &Maxwell,
2006.
10. Harpwood, Vivenne. Law of Tort, London: Cavendish, 1994.
11. Giliker, Paula. Tort. London: Sweet & Maxwell, 2008.
12. Brazier, Margaret. Street on Torts. 9th ed. London: Butterworths,1993.
13. Epstien, Richard. Torts. New York: Aspen Law & Business,1999.
14. Samuel, Geoffrey. Tort: Cases & Materials. 2nd ed. London: Sweet &
Maxwell, 2007.

7. English II–4 Credits

I. Modern prose: Lessons 8, 9, 10, 14, 15, & 16 of ‘English For Law’ by M.A. Yadugiri
and Geetha Bhaskar
II. The Merchant of Venice: Act IV Scene I
III. Selected Stories of Sherlock Holmes by Arthur Conan Doyle
IV. Synonyms and Antonyms - Idioms and Usage
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 V. Importance of Language in law - Précis - General essay – Law and Logic

Readings:

1. Shakespeare: The Merchant of Venice

2. H.W. Fowler: A Dictionary of Modem English Usage
3. Alan Spooner: A dictionary of Synonyms and Antonyms (OUP)
4. English For Law by M.A. Yadugiri and Geetha Bhaskar
5. l. S. Freeman - Written Communication in English (Oxford Longman)
6. E. Fry - Reading Faster
7. Bhaskar and Prabha - English Through Reading (1 & 2)
8. FT Wood - A Remedial English Grammar for Foreign Students
9. David Jolly – Writing Books, Cambridge, Maxmillor
10. Winston Churchill – A History of English speaking People

8. Development Economics–4 Credits

I. Barter System- Inconvenience of barter- introduction of Money- Types of money-

advantages of money- functions of money- Monetary theories Negotiable and non-
negotiable instruments – cheques – drafts - bills of exchange – promissory notes-
letter of credit - certificate of deposits – commercial papers - banking and non-
banking institutions - commercial banks – recent trends in Indian commercial
banking – (Core Banking, Internet Banking, Mobile Banking, ATM/Debit & Credit
Cards) - RBI – functions - money and capital market – major financial instruments
– shares, debentures and bonds – Insurance: meaning, nature and types - stock
exchange – BSE, NSE – stock market indices – SEBI - mutual funds.

II. State vs Market - public revenue - public expenditure – economic development and
planning - tax and non-tax revenue – direct and indirect taxes – major direct and
indirect taxes in India - budget – types - fiscal deficit - revenue deficit - public debt –
trade cycle and its phases - fiscal and monetary policies as tools for combating
inflation and deflation- Value Added Tax in India, Indian tax Reforms since 1991 -
the concept of Goods and Services - GST– Finance Commission (Latest finance
commission reports) –– State Finance Commission and Panchayati Raj Institutions

III. Linkage between environment and economics- concepts of environmental economics

– Pollution- meaning -kinds of pollution and their impacts. Market failure for
environmental goods – socially optimal level of pollution – socially and privately
optimal level of pollution – property rights approach to environmental problem –
Externalities-positive and negative externalities. Environmental governance and
movements - environmental policy and education in India– environmental pollution
and legislation in India.

IV. International trade- trade theories- Free trade – Protection- Tariff and Quota-
governmental control- Terms of trade - balance of trade - balance of payments -
measures of correction - foreign exchange - exchange rate – spot – forward – fixed –
floating - IMF, World Bank – WTO. International financing institutions-Balance of
Payments-Globalization under international treaties and its impact on the economy
of developing nations like India.

V. Nature and characteristics of Labour Markets in developing countries like India-

Labour Market policies- Classical, Neo-classical and bargaining Theories of Wage
Determination, Concepts of Minimum Wage, Living Wage and Fair Wage in theory
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 and practice Discrimination in Labour Markets; Wage Determination in various
sectors collective bargaining; Labour Legislation in India

Readings:

1. Robert S. Pindyck and Daniell Rubinfield “Micro Economics (Third Edition)”,

Prentice Hall of India Pvt. Ltd, New Delhi (1995)
2. Hal. R. Varian “Intermediate Micro Economics-A Modern approach “Third
edition,East-West Press Edition (1995)
3. K.C. Gopalakrishnan “Economics for Lawyers”
4. Paul Samuelson “Economics-An introductory analysis”.
5. M.L. Seth “Money Banking, International Trade and Public Financing
6. Watson and Cruz “Price theory and its uses”.
7. Bhattacharya R. N. “Environmental Economics”, OUP, 2001
8. Kolstad C. D. “Environmental Economics”, OUP, 2001
9. S.K. Basu “Money and Banking”
10. Barnard M. Hocknar and Michael M. Kosteeki “The Political Economy of World
Trade Systems”, Oxford University Press.
11. Robert Cooter & Thomas Ulen “Law and Economics” (Fourth Edition),
12. T.T. Sethi “Money Banking and International Trade”, S.Chand and Company Ltd,
New Delhi. (2001)
13. McConnell, C.R. and S.L.Brue (1986), Contemporary Labour Economics, McGraw
hill, New York.
14. Papola, T.S., P.P.Ghosh and A.N.Sharma (Eds) (1993), Labour Employment and
Industrial Relations in India, B.R Publishing Corporation., New Delhi

9. Political Science II: International Relations – 4 Credits

I. International Relations – meaning, nature, scope and importance – international

relations and international politics – world community in transition; approaches to the
study of international relations - Realism, Systems Theory, Game Theory, Dependency
Theory, Decision making theory, Communication theory and Integration theory.

II. National power – elements of national power – geography, natural resources and raw
materials, population, economic development, technological development, leadership,
ideology, morale, national character etc. – a critical appraisal; Limitations of national
power; Balance of power – meaning and types – assumptions and postulates – role of
balancer – nature of balance of power during the classical period – methods of
maintaining balance of power – relevance of balance of power in the modern nuclear age.

III. Inter State relation: Collective Security - Meaning, nature and assumptions – conditions
necessary for the successful operation of collective security – effectiveness of collective
security under UNO; Disarmament and arms control - meaning, interrelationship – a
review of the Disarmament initiatives during the cold war and post-cold war periods;
obstacles to nuclear disarmament; Diplomacy – meaning, nature and functions – styles of
Diplomacy - Decline and Revival of Diplomacy; Foreign policy – Determinants of
Foreign policy - Objectives and principles of India’s Foreign policy; India’s Relations
with Pakistan, China, USA, Russia, Bangladesh, Nepal and Sri Lanka - a review
IV. International organization and Global peace - Evolution of International organization -
an overview; League of Nations – structure and functions – achievements and failures - a
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 critical analysis; The United Nations Organisation – the UN charter – principles and
objectives – Principal organs of UNO - an overview; Restructuring of the UN Security
Council.

V. Contemporary Issues in International Relations - End of cold war and its impact on
global politics; the concept of New world order; Terrorism – meaning, nature, causes,
types and methods – War on Terror – Counter terrorism mechanisms at the global level -
an analysis; Human Rights situation at the global level - An overview; Proliferation of
Nuclear Weapons – Nature of Nuclear Weapons and Weapons of Mass Destruction
(WMD). Proliferation of Nuclear Weapons in the post cold war era; Globalisation - its
impact on Developed and Developing countries; Global environmental issues - Climate
change and Global Warming.

Readings:

1. Andrew Heywood - Global Politics, Palgrave Foundations

2. Hans J Morgenthau - Politics among Nations, Kalyani Publishers.
3. Palmer and Perkins - International Relations (Revised Edition)
AITBS Publications.
4. Steve Smith, John Baylis - Globalisation of World Politics (Oxford) etc (ed)
5. Mahendra Kumar - Theoretical Aspects of International Politics
(Shivalal Aggarwal)
6. Vinayakumar Malhotra - Theories and Approaches to International
Alexamnder A Sergounin Relations. (Anmol)
7. Raymond Duncan, - World Politics in the 21st Century,
Barbara Jancar etc. (ed.) Orient Longman
8. Sammuel Huntinton - The clash of civilizations and the making of world
order (Penguin)
9. Chris Brown (ed) - Understanding International Relations (Palgrave)
10. E. H. Carr - International Relations Between the two world wars
- 1919 – 1939 (Palgrave)
11. Robert Jackson, - Introduction to International Relations
George Soresen Theories and Approaches (Oxford)
12. U. Sharma - International Relations - (Lakshmi Narain
Aggarwal).

10. History of Statutory Presumptions – 4 Credits

I. An overview of Major legal systems of the world – Special Focus on Common Law
and Civil Law systems – General features – Line of development of common law
and civil law – Roman Influence on common law and civil law – Writs and other
forms of action in England- Development of Equity jurisdiction and its Implications
for English law – Codification movement in England and its outcomes.

II. Migration of common law and equitable principles into India – Application of
common law and equitable principles by judicial organs in British India – Selective
application of English law by judges – Codification movement in India – Role
Played by Early Law Commissions - Incorporation of common law and equitable
principles into Indian statutes.

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III. Historical development of select legal concepts and legal institutions in criminal law
and law of torts – The migration of the said concepts into the Indian legal landscape
particularly the statutory law – Modifications, if any, made to the said concepts in
the light of the peculiar Indian conditions – Factors which contributed to the said
modifications.

IV. Historical development of select legal concepts and legal institutions in law of
contracts, law of property and law of trusts – The migration of the said concepts into
Indian legal landscape particularly the statutory law – Modifications, if any, made to
the said concepts in the light of the peculiar Indian conditions – Factors which
contributed to the said modifications.

V. Presumptions in law – Historical background to the evolution of presumptions in

law – types of presumptions – Study of Select Presumptions to understand the
Rationale and Philosophy of Presumptions; – Maxims: Their Role and Function in
Law; Historical background to the introduction of maxims in law – Incorporation of
maxims into Indian Statutes.

Readings:

1. John Honnold (Ed.), The Life of the Law- Readings on the Growth of Legal
Institutions, Collier-Macmillan Ltd., London (1964) – Chapters 1 & 3.
2. H. Patrick Glenn, Legal Traditions of the World, Oxford University Press (3rdedn.,
2007) [Chapters 5 & 6]
3. J.D.M. Derrett, An Introduction to Legal Systems, Universal Law Publishing
Company Private Limited (1968).
4. Arthur T. von Mehren, “The Civil Law System: An Historical Introduction” in John
Honnold ( Ed. ) The Life of the Law, Collier – Macmillan Ltd., London (1964).
5. K. Zweigert & H. Kotz (Ed.), An Introduction to Comparative Law, Clarendon
Press, Oxford (3rdend., 1998 ).
6. George Claus Rankin, Background to Indian Law, Cambridge University Press
(1946).
7. Bijay Kisor Acharya, Codification in British India, S.K. Banerjee & Sons, Calcutta
(1914) (Tagore Law Lectures)
8. M.C. Setalvad,The Common Law in India, Stevens & Sons Ltd., London (1960)
(The Hamlyn Lectures ).
9. Joseph Minattur (Ed.),The Indian Legal System, The Indian Law Institute (1978).
10. T.K. Viswanathan, Legislative Drafting – Shaping the Law for the New Millenium,
The Indian Law Institute, New Delhi (2007)
11. H.M. Seervai, Constitutional Law of India, Universal Law Publishers (4thedn., 2008
Reprint), Volume 1 – Chapter III.
12. G.P. Singh, Principles of Statutory Interpretation. Lexis Nexis –Butterworth
Wadhwa (13thedn., 2012) – Chapter VII
13. Ratanlal & Dhirajlal’s The Law of Evidence, Wadhwa & Company, Nagpur
(21stedn., 2008 Reprint).
14. Case Law and other readings recommended by the teacher from time to time.

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11. Remedies in Tort and Law of Motor Vehicle Accidents and Consumer
Protection – 4 Credits

I. REMEDIES IN TORT LAW - Legal remedies- Award of damages – simple, special,

punitive. Unliquidated Damages- Shortened expectation of Life – Injunction-
Specific restitution of property- Extra-legal remedies- self-help, re-entry on land, re-
caption of goods, distress damage feasant and abatement of nuisance.

II. Introduction and Regulatory Frame Work of consumer law and policy in India-
Development of consumer law and policy-Transition from caveat emptor to caveat
venditor, Consumerism and neo-liberalism- Globalization and consumer law-
Consumer Protection Act, 1986 – Objectives, Definitions-Meaning of consumer,
complaint and consumer dispute-Protection of consumers- Defect in goods and
deficiency of services- Pricing - Hazardous and spurious goods - New Consumer
Protection Act-Evolution of product liability and liability for direct selling and
online commercial transactions

III. Consumer Protection Councils and Disputes Redressal Agencies – District

Commission-State commission – National commission -Their composition,
jurisdiction, powers and procedure – Remedies – Supreme Court’s Appellate
Jurisdiction – Revisory and review jurisdictions of commissions – Central
Consumer Protection Authority under the new Act and its functions and powers-
Mediation under the new Act

IV. Regulatory Framework in India regarding Motor Vehicles and Registration of

Motor Vehicles- Introduction- Necessity of licensing and regulation- Motor Vehicle
Act, 1988 –objectives and framework- Licensing of drivers of motor vehicles-
Licensing of conductors of stage carriages-Necessity of registration- Procedure for
registration- No-objection certificate and change of residence and ownership – Age
limit for motor vehicles – Control of transport vehicles – Provisions relating to state
transport undertakings – Construction, equipment and maintenance of motor
vehicles - Recalling of unsafe and non-conforming vehicles – Motor vehicles
temporarily leaving or visiting India – Changes brought about by new legislative
amendments and government policies on licensing and registration

V. Liability Under Motor Vehicles Legislations - Liability to pay compensation-

permanent disablement – insurance of motor Vehicles – against third party risks –
Motor Vehicles Claims Tribunal – offences and penalties under the Act – Safety of
pedestrians and children under the new Act – Liability for unsafe and faulty design
and maintenance of roads and vehicles- Enhanced compensation and penalties for
accidents and offences- Transport aggregators under the new Act- Changes in
insurance rules

Readings:

1. Weir, Tony. Introduction to Tort Law, 2nd ed. New York: Oxford University Press,
2006.
2. Pillai, P. S. A. Law of Tort. 9th ed. Lucknow: Eastern Book-Co., 2004.
3. Dugdale, Anthony, ed. Clerk & Lindsell on Torts, 19th ed. London: Sweet
&Maxwell, 2006.
4. Howarth, D. R., Hepple Howarth, and Mathews. Tort: Cases & Materials, London:
Oxford University Press, 2005.
11
 5. Weir, Tony. Casebook on Tort, 10th ed. London: Sweet & Maxwell, 2004.
6. Rogers, W. V. H. Winfield & Jolowicz on Tort, 7th ed. London: Sweet &Maxwell,
2006.
7. Wadhwa, Justice D. P. (ed). The Law of Consumer Protection, New Delhi:
Wadhwa and Company Nagpur, 2006.
8. Nayak, Rajendra Kumar. Consumer Protection Law in India: An Eco-legal
Treatise on Consumer Justice. Bombay: N. M Tripathi Pvt. Ltd., 1991.
9. Sheth, Dilip K. Treatise on Consumer Protection Law (Law & Practice), Mumbai:
Snow White, 2003.
10. Agarwal, Dr V. K. Bharat's Consumer Protection (Law & Practice) 6th ed. New
Delhi: B. L. H. Publishers and Distributors Pvt. Ltd., 2008.
11. Singh, Avtar, Law of Consumer Protection (Principles & Practice) 4th ed.
Lucknow: Eastern Book Co., 2005.
12. Majumdar, P. K. Law of Consumer Protection in India 5th ed. New Delhi: Orient
Publishing Company, 2003.
13. Sarkar, Utpal Ranjan,Sarkar’s Motor Accidents: Motor Insurance Claims
&Compensation. New Delhi: Sodhi Publications, 2004.
14. Raju, Doraiswamy, Supreme Court Motor Accident Judgements (1995-2006), New
Delhi, India Law House, 2007.
15. Sengupta's Commentary on Motor Vehicles Act. 3rd ed. Allahabad, Dwivedi Law
Agency, 2006
16. Kannan, K., and N. Vijayaraghavan. MLJ Motor Vehicle Laws (2 Vols.) 13th ed.
New Delhi: LexisNexis Butterworths Wadhwa & Company Nagpur, 2008.
17. Ejaz Ahmad's An Exhaustive Commentary on Motor Vehicles Act. 4th ed.
Revised by Anil Sachdeva, Jodhpur: Unique Law Publishers, 2007.

12. Law of Crimes I (IPC) (General Principles) 4 Credits

I. Basic Concepts – Crime, morality and distinction between Crime and Tort –
Classification of offences – crime and theories - punishments – decriminalization

II. Elements of crime – Actus reus - voluntary act – commission – omission - causation

III. Mens rea - intention, knowledge, recklessness, negligence – Absolute liability

IV. Inchoate Crimes – Preparation, Attempt, Abetment, Conspiracy - Joint and constructive
responsibility - Vicarious Liability – Corporate Criminal Liability – Socio-economic
Offences – Changing dimensions of crimes

V. Excuses and justifications – Defences

Readings:

1. Pillai, KNC – General Principles of Criminal Law, EBC (2011)

2. G. Williams – Criminal Law – General Part I, Stevens and Sons, London, 1961
3. Fletcher – Rethinking Criminal Law, Oxford University Press, 2000
4. David Ormerod, Smith and Hogan – Criminal Law, OUP (2011)
5. Dennis Baker, G. Williams Textbook of Criminal Law, Sweet & Maxwell; 4th edition
(2015)

12
 6. David Ormerod and Karl Laird,Smith, Hogan&Ormerod’s Text,Cases & Materials on
Criminal Law:, OUP (2017)
7. Joel Samaha – Criminal Law, Wadsworth, 11 edition, 2013
8. Blackstone's Criminal Practice 2018, General Editor David Perry QC, David Ormerod,
OUP
9. Nigam, RC – General Principles of Criminal Law, Asia Pub. House, (1965)
10. K.D. Gaur, Textbook on Indian Penal Code, Universal Law Publishing Co., New Delhi,
2015
11. J.W. Cecil Turner, Russel on Crime, Vol I & 2, Universal Law Publishing Co., New
Delhi, 2012
12. K.I. Vibhuti, PSA Pillai’s Criminal Law, Lexis Nexis, Butterworths Wadhwa, Nagpur,
2012
13. Dr. H.S. Gaur, Penal Law of India, Law Publisher, Allahabad, 2013
14. John Dawson Mayne, Mayne’s Criminal law of India, Gale, Making of Modern Law,
2013

13. Sociology – 4 Credits

I. The Study of Human Society - Evolution of Human Society and its Systematic Study-
Enlightenment and Renaissance, Transition from Social philosophy to Sociology-
Institutionalisation of Sociology: Founding theorists- Auguste Comte, Emile
Durkheim, Karl Marx, Max Weber; Neglected theorists- W.E.B Du Bois and Harriet
Martineau; Sociology in India- Basic Concepts of Sociology: Human collectivities;
Social Order; Social Processes and Social Control
II. Sociology and Law - Understanding the Difference between Common Sense and
Sociological imagination- Relevance of Critical Thinking- Nature and utility of
Sociological information – Scientific method; Objectivity Vs Subjectivity-
Qualitative and Quantitative data- Interdisciplinarity- Applied Sociology: Lawyers as
Social Engineers
III. Law and Society - Evolution of Legal Systems and Significance of Law in the
Continuance of Human Society-Sociological Approaches to Law- Law in Relation to
Social Order in India: The Interplay between Values or Norms and the Law- Law as a
Means of Social Control: Micro and Macro levels in Operation- Law and Social
Change in India- State Initiated Legal Measures; People’s Participation in Legal
Change
IV. Social Institutions and Law - Social institutions: Marriage, Family and Kinship- Work
and Economic life: Industrial and Labour Laws- Social Stratification: Dynamics of
Religion, Tribes, Castes in India.
V. Social Justice and Law - Social justice and Law: Law and Disadvantaged Group: Issue
of Reservation - Gender Justice: Gender, Biology and Culture; Sexual Minorities-
Feminist Perspective- Legislative Weapon- Challenges to Social Justice: Poverty,
Deprivation and Inequalities in India, Social role of Judiciary- Public Interest
Litigation

Readings:
1. Zygmunt Bauman and Tim May (2019) Thinking Sociologically, Third Edition, Wiley
Blackwell:UK

13
2. Marc Galanter (1997) Law and Society in Modern India, Oxford University Press:New
Delhi
3. Andre Beteile (2009) Sociology Essays on Approach and Method, Oxford University
Press:New Delhi (pp. 13-27)
4. Anthony Giddens, Duneier, Mitchell, Applebaum, Richard (2007) Introduction to
Sociology, Sixth Edition, W.W Norton and Company: New York (Ch.1)
5. Haralambos and Holborn (2004) Sociology: Themes and Perspectives, Sixth Edition,
Collins Educational Press:
6. Alex Inkeles (1964) What is Sociology: an Introduction to the Discipline and Profession,
Prentice-Hall Foundations of Modern Sociology Series.
7. MacIver and Page (1961) Society:An Introductory Analysis, McMillon India Ltd (pp 3-22).
8. Kingsley Davis (1981) Human Society, Surjeeth Publications:New Delhi
9. C Wright Mills (2000) The Sociological Imagination, Oxford University Press, (pp.3-24)
10. T.K Oommen and C.N Venugopal (2018) Sociology for law students, Eastern Book
Company:New Delhi.
11. M.N Srinivas (1977) Dimensions of Social Change in India, Allied Publishers:Mumbai.
12. Yogendra Singh (1973) Modernisation of Indian Tradition, Thompson Press:New Delhi.
13. A.R Desai (1971) Essays on Modernisation of Underdeveloped Societies, Thacker and
Co., Mumbai.
14. Sunanda Karnad (1978) Indian Social Institutions and Social Problems, Sheth
Publishers:Mumbai. (Ch.9,10 &11)
15. C.B Mamoria (1981) Social Problems an Social Disorganisation in India, Kitab
Mahal:Allahabad.
16. Indian Council of Social Science Research (1975) Status of Women in Indian Society,
Allied Publishers:New Delhi.
17. Shulamith Firestone (2003) The Dialectic of Sex:The Case for Feminist Revolution,
Straus and Giroux:New York
18. Bryan S Turner (2006) The Cambridge Dictionary of Sociology, Cambridge University
Press:UK.
19. Andre Beeile (2012) Caste, Class and Power:Changing Patters of Stratification in a
Tanjore Village, Oxford University Press:New Delhi
20. Dipankar Gupta (1992) Social Stratification, Oxford University Press:New Delhi
21. Ram Ahuja (2014) Social Problems in India, Rawat Publications:New Delhi.
22. S.Jackson and S. Scott (eds) (2002), Gender: A Sociological Reader, Routledge:London.
23. M.N Srinivas (1996) Caste:It’s Twentieth Century, Avatar Viking Penguin: New Delhi.
24. Indra Deva (2005) Sociology of Law, Oxford University Press: New Delhi.

14. Legal History – 4 Credits

I. Common Law and Equity –Meaning- Development –Forms of action - Merger of

Common Law and Equity Jurisdiction- History of Law Reporting –Treatises-
Reports in India.
II. Machinery for Administration of Justice during the early stages of Company’s
Settlements-Developments of the Presidency Towns- Institutions for dispensation of
Justice- Charters issued by the King and the Company – Charter of 1726 and
Mayor’s Court - Administration of Justice under Mughal Empire- Adalat system –
14
 Role of Warren Hastings in Re-organization of Adalat system in Bengal-Plans of
1772 &1774- Significance of experiments with Adalat system in Mofussils.
III. Regulating Act of 1773 - Reasons for its enactment- Features of Supreme Court
under the Act – Merits and Demerits- Act of Settlement 1781 and subsequent
modifications- High Courts Act, 1861- Features of High Courts - Changes
introduced by subsequent enactments - Provisions under the Constitution for the
historical continuity of pre constitutional High Courts - Federal Court under the
Government of India Act 1935 and the Privy Council.
IV. History of Legislatures - The Indian Councils Act 1861, 1892, and 1909,
Government of India Act, 1919 and 1935 - Nature of Indian Government under the
British rule.
V. Development of Law-Role of various Bodies– Law Commissions, Criminal, Civil
and Personal.
Readings:

1. A.R. Desai, Social Back Ground of Indian Nationalism (6th ed., 2005)
2. B.L. Grover,New Look at a Modern Indian History (S. Chand and Company) (30th
ed., 2014)
3. D.D. Basu, Introduction to Constitution of India (Lexis Nexis) (21st ed., 2013)
4. Glanville Williams, Learning the Law(Universal Law Publishing Co.,2011)
5. H.V. Sreenivasa Murthy and Elizebath, History of India (Eastern Book Co., 2012)
6. Joseph Minattur, Indian Legal System(2nd ed., 2006)
7. M.P. Jain, Outlines of Indian Legal and Constitutional History (6th ed., 2012)
8. M.P. Singh, Outlines of Indian Legal and Constitutional History (8th ed., 2012)
9. R.C. Agarwal, Constitutional Development and National Movement of India (2007)
10. Rama Jois,Legal and Constitutional History of India (N.M. Tripathi,1984)
11. Subhash C. Kashyap, History of Parliamentary Democracy (Shipra, 1991).
12. Tapas Kumar Banarjee, Background to Indian Criminal Law(R. Cambray &Co.
Pvt. Ltd., 1990).
13. V. D. Kulshreshtha’s, Landmarks in Indian Legal and Constitutional History (8th
ed., 2006)(Eastern Book Co.)

15. Law of Contracts and Specific Relief – 4 Credits

I. Basis of contract – theories – freedom of contract – formation of contract – Consideration

- Privity of contract – Standard forms of contract - Quasi contracts - Unjust Enrichment -
Formation and authentication of e-contracts - Problems relating to Internet Contracts

II. Factors defeating contractual liability – incapacity – coercion – undue influence – fraud -
mistake – misrepresentation – illegality - Public policy

III. Discharge of contract - Performance of contract – Joint rights and joint liabilities –
assignment of benefits and liabilities

IV. Discharge by Breach, agreement, frustration and operation of law – remedies for breach –
damages – quantification of penalty and liquidated damages

V. Nature of remedy of specific relief/performance – other remedies - perpetual, mandatory

and temporary injunctions – Principles- Balance of convenience - unjust enrichment

15
Readings:
1. Chitty, Contracts, Vol. 1, 32ndEd., Sweet & Maxwell, 2015.A G Guest (Revised)
2. Anson’s Law of Contract, Oxford University Press, London, 30th Ed. 2016
3. Sir G. H. Treitel, The Law of Contract, 12th Ed., London: Sweet & Maxwell, 2007.
4. Paul L. Davies, J C Smith ‘Law of contract’, OUP (2018)
5. Pollock and Mulla – ‘Indian Contract Act and Specific Relief Act, Lexis Nexis
Butterworths Wadhwa Nagpur; Fourteenth edition (2012)
6. Dutt on Contract, H.K. Saharay, Universal, 2000.
7. Avtar Singh: Law of Contract, Eastern Book Company, Lucknow
8. V. Kesava Rao, Contracts I- Cases and Materials, Butterworths
9. G.C.V. Subba Rao: Law of Contract, S. Gogia & Co., Hyderabad
10. Venkatesh Iyer: The Law of Contracts and Tenders. Gogia & Co., Hyderabad
11. Cheshire, Fifoot & Furmstone’s: Law of Contract, Oxford University Press, 17th Ed., 2017
12. Anirudh Wadhwa, Mulla: The Indian Contract Act, Lexis Nexis 13th Ed. 2011
13. Leake, M.S, Principles of Law of Contract, Stevens and Sons, London
14. Smith & Thomas, A Case Book on Contract, Ed Professor Roger Brownsword, Sweet and
Maxwell,13thEdition, 2015
15. Furmston, Michael, et al. (Eds.) The Law of Contracts, 3rd ed. U S A: LexisNexis
Butterworths, 2007
16. Atiyah, P. S., and Stephen A. Smith. Atiyah's Introduction to the Law of Contract, 6th ed.
Oxford: Oxford University Press, 2007
17. Jill Poole, Textbook on Contract Law, Oxford University Press, 13th ed. 2016
18. A.S. Burrows, Remedies for Tort and Breach of Contract, OUP 2005

16. Law of Crimes II (IPC) (Specific Offences)–4 Credits

I. Offences against human body – Murder, Culpable homicide not amounting to murder,
grievous hurt, simple hurt – Sexual Offences – Unnatural Offences - Abduction,
Kidnapping - Wrongful confinement
II. Offences against property – Theft, Extortion – Robbery, Dacoity, Misappropriation -
Criminal breach of Trust– Cheating – Mischief – Trespass –Forgery - Counterfeiting.
III. Offences against public justice – Perjury- Offences against public security- Public
nuisance – Offences involving negligence – Suicide – Abetment to suicide
IV. Offences against the State - Treason-Insurgency –Offence against religion -
Terrorism– Sedition.
V. Defamation – offences related to marriage – Offences against women and children

Readings:

1. CK Thakker, Ratanlal & Dheerajlal – Law of Crimes, Bharat Law House, 1997
2. Battacharya – Indian Penal Code, Central Law Agency (2014)
3. H.S. Gour – Penal Law of India, EBC (2005)
4. Pillai, KNC – General Principles of Criminal Law, EBC (2003)

17. Public International Law – 4 Credits

I. Nature ,Scope, Basis, Subjects and Sources of International Law- Definition –

Nature- Relationship and Difference between Public International Lawand Private
International Law- Importance of International Law Theory of Law of Nature-
16
 Theory of Positivism- True Basis of International Law-Theory of Consent-Theory of
Auto Limitation- Pacta Sunt Servanda- New trends – Sources-Customs;
Conventions; General Principles of Law-Judicial Decisions- Works of Jurists-Other
Sources –Treaties-Formation and binding force-Termination of treaties-Treaty
making under Indian Constitution; Subjects of international law: Individuals, States;
International and Regional Organizations; Non-State Entities - Relationship between
International law and Municipal law – theories and practice

II. Nature of States, Their Formation, Recognition and Succession, Rights and Duties
Definition; Elements of Statehood- Different Kinds of States- Functions of States-
State Territory- Modes of Acquisition and loss of territory; State Recognition –
Meaning – Theories- Modes and Consequences of Recognition; State Succession
– Definition – Kinds – Theories- Rights and Duties Arising out of State
Succession(Consequences of State Succession); Rights and duties of states-State
jurisdiction-its types, principles and limitations-Principles of non-intervention and
duty of states- right to self and collective defence- role of U.N.

III. Law of the Sea, Air, Outer Space and Environment – Law of the sea-Conventions,
customary law and judicial decisions- Maritime zones and their significance-Rights
and limitations- International law relating to aerial navigation and offences-
Conventions and rights of states- Outer Space law- The early Conventions-modern
day challenges-Role and obligations of states and non-state entities; International
environmental law-principles, Conventions and duties of states-present day scenario.

IV.International Organizations and Dispute Settlement in International Law - The early

international organizations- The League of Nations and its relevance- The United
Nations and its organs-their roles, powers and functions-Current challenges and
responses. International diplomacy-Other specialized agencies and NGOs; Dispute
Settlement-Means of Settlement; Arbitration; Negotiation; Good Offices; Mediation;
Conciliation- Retortion – Reprisal – Enquiry- Settlement of International Disputes
under the United Nations, various Tribunals and the
WTO

V. Nationality, Asylum and Extradition – Meaning – Modes of Acquisition of Nationality-

Loss of Nationality-Double Nationality- Nationality of Married Women; Statelessness-
Difference between Nationality and Domicile-Difference between Nationality and
Citizenship; Extradition – Meaning- Basic Principles; Conditions-Treaties between India
and Other Countries- Important Cases; Refugees; Asylum-Meaning and Definition-Right
to Asylum- Kinds of Asylum- Relationship between Asylum and Extradition.

Readings:

1. Brownlie, Ian. Principles of Public International Law, 6th ed. London: Oxford
Publications, 2003.
2. Shearer, I. A. Starke’s International Law. 11th ed. Lucknow: Eastern Book Co.,
2007.
3. Shaw, Malcolm N. International Law. 6th ed. Cambridge: Cambridge University
Press, 2008.
4. Malanczuk, Peter, Akehurst's Modern Introduction to International Law, 7th Rev. ed.
London: Routledge, 1997.
5. Evans, Malcolm D. (Ed.) International Law. 2nd ed. Oxford: Oxford University
Press, 2006.
17
 6. Dixon, Martin. Textbook on International Law, 6th ed. Oxford: Oxford University
Press, 2007.
7. Harris, D. J. Cases and Materials on International Law. 6th ed. London: Sweet &
Maxwell, 2004.
8. Carter, Barry E., Philip R. Trimble, and Allen S Weiner. International Law, 5thed.
New York: Wolters Kluwer, 2007.
9. Dixon, Martin. Cases and Materials on International Law, 4th ed. Oxford: Oxford
University Press, 2003.
10. Brownlie, Ian. Principles of Public International Law, 7th ed. Oxford: Oxford
University Press, 2008.
11. Janis, Mark Weston. International Law. 5th ed. New York: Wolters Kluwer, 2008.
12. Anton, Donald K., Penelope Mathew, and Wayne Morgan. International Law:
Cases and Materials. Oxford: Oxford University Press, 2005.
13. Aust, Anthony, Handbook of International Law. Cambridge: Cambridge University
Press, 2005.
14. Jennings, Sir Robert (Ed.) Oppenheim’s International Law, Vol 1. 9th ed. Oxford
Oxford University Press, 1992.
15. Crawford, James. The Creation of States in International Law, 2nd ed. Oxford:
Oxford University Press, 2006.
16. Patel, Bimal N. (Ed.) India and International Law. Leiden: Martinus Nijhoff
Publishers, 2005.
17. Krieken, Peter J., and David Mckay, The Hague: Legal Capital of the World, The
Hague: T. M. C. Asser Press, 2005.

18. Political Science III: State and Political Obligations – 4 Credits

I. An introduction to Political Obligation: Meaning, nature, scope and dimensions of

Political Obligation – Relationship with Legitimation, Right and Duty – Importance of
Political Obligation in Contemporary Period.
II. Different theories of Political Obligation: Divine Theory, Prescriptive Theory, Idealist
Theory, Marxian Theory, Anarchism and Fascism.
III. Philosophical and Political Foundations of Political Obligation: Contributions of
Socrates, Plato, Aristotle, Machiavelli, Thomas Hobbes, John Locke, J. J. Rousseau,
Immanuel Kant, T. H. Green, Jeremy Bentham, Edmund Burke, Gandhiji etc.
IV. Political Obligation and Revolution: Aristotle’s Theory of Revolution, John Locke’s
doctrine of Rights to Appeal to Heaven, Marxian theory of class struggle, Gandhian
vision of satyagraha, Non Violence, Civil Disobedience and Passive Resistance,
Jayaprakash Narayan’s Theory of Total Revolution.
V. State’s Response towards Political Obligation under the Constitution of India:
Fundamental Rights and Duties, Right to Information & E-Governance etc.

Readings:

1. Andrew Heywood : Political Ideologies (Palgrave Macmillan)

2. J. C. Johari
3. Ernest Barker
4. Joseph Raz
5. William Ebenstein
6. Harold Laski
Unwin)
7. Bidyut Chakrabarty and
Rajendra Kumar Pandey
: Contemporary Political Theory (Sterling)
: Principles of Social and Political Theory (Oxford)
: The Morality of Freedom (Oxford)
: Great Political Thinkers
: The State in Theory and Practice (George Allen &
: Modern India Political Thought (Sage)
18
8. Brij Kishor Sharma : Introduction to the Constitution of India (Prentice Hall
of India)
9. Subrata Mukherjee and : A History of Political Thought (Prentice Hall of India)
Sushila Ramaswamy
10. Sabine G. : History of Political Theory (Oxford IBH)
11. C.L. Wayper : Political Thought

19. Family Law I – 4 Credits

I. Introduction- Family Law- significance of family and need to regulate- concept, scope and
application of personal laws in India-peculiarity of family law- Sources of personal laws-
ancient and modern sources of Hindu law- Schools of Hindu Law; Sources of Muslim law-
Schools of Muslim Law; Concept of marriage under different religions -forms of
marriages- Conversion and application of personal laws; Ancient forms of marriage -
Polyandry, polygamy-Ceremonies of marriage - Registration of marriage; Dowry and
Dower -Evolution as a custom- Sociological aspects - Law relating to dower; Introduction
to Christian law -, Sub-sections of the community and canon law in general, Overview of
the legislations, concept of marriage - Procedural formalities or ceremonies related to
marriages different religions
II. Matrimonial Remedies - Nullity of marriage-Valid, Voidable, and void marriages,
Capacity to marry – Requirements- customary and legislative, Child marriage –prohibition-
legal implications, Irregular marriages under Muslim law, Legitimacy of children –
presumption of legitimacy- legitimacy of children in void and voidable marriages –
acknowledgement of legitimacy under Muslim law - Restitution of conjugal rights-
Legislative provisions – constitutionality- Judicial separation, Dissolution of Marriage -
Difference between Judicial separation and Divorce -Theories of divorce. - Grounds of
divorce and judicial separation under the Hindu Marriage Act, 1955, the Indian Divorce
Act, 1860; the Special Marriage Act, 1954, procedural formalities under Special Marriage
Act, 1954- Talaq under Muslim Law - Grounds of divorce available for Muslim women-
under the customary law and legislation; Bar to matrimonial remedies
III. Alimony and Maintenance -Maintenance of neglected wives - divorced wives -minor
children - disabled children - parents who are unable to support themselves- Provisions
under the Hindu marriage Act; the Indian Divorce Act, 1860 and the Special Marriage Act,
1954 - Provisions under the Hindu Adoption and Maintenance Act,1956 - Provisions under
the Code of Criminal Procedure -Maintenance and Welfare of Parents and Senior Citizens
Act, 2007 – Maintenance under Muslim customary law - Muslim Women (Protection of
Rights on Divorce)Act, 1986; Custody of children - Provisions under the Hindu Marriage
Act, 1955; the Divorce Act, 1869 and the Special Marriage Act, 1954 - Provisions under
the Hindu Adoption and Maintenance Act, 1956 - Muslim law relating to custody;
Adoption and Guardianship - Provisions under the Hindu Adoption and Maintenance Act,
1956 - Provisions under the Juvenile Justice Act, Inter-country adoption- Guidelines -
Central Adoption Resource Agency (CARA) - Other Rules and Regulations dealing with
adoption – need for reforms, The Guardians and Wards Act, 1890.
IV. Domestic Violence - Sociological and psychological aspects - Protection of Women from
Domestic Violence Act, 2005; Procedure for filing a complaint- authorities under the Act-
reliefs and remedies- Dispute Resolution - Family Courts Act – scope and relevance,
salient features - Lok Adalat; Family and changing patterns –comparative perspective -
Working women – role played in the family, Composition of family, Parental role.
V. Same sex marriage, Civil partnership and live-in relationships – presumption of marriage,
Surrogacy and Assisted Reproductive Technologies- concept of guardianship – custody –
19
 legitimacy of the child - rights of the child; Reforms in family law- Comparative analysis
of different personal laws, Legislative interventions – amendments, Need for legislative
interventions – law commission recommendations, Judicial trend, Uniform Civil Code

Readings:

1. SA Desai, Mulla Hindu Law(19th ed)

2. Paras Diwan, Law of Marriage and Divorce (1st ed)
3. Mithra on Hindu Law( 1st ed)
4. M Hidayathullah, Principles of Mohammedan Law (19th ed)
5. BR Verma, Commentaries on Mohammedan Law (11th ed)
6. Paras Diwan, Family Law (9th ed)
7. GCV Subbarao, Family Law (7th ed)
8. Dr. Sebastian Champappilly, Christian Law on Marriage, Adoption and Guardianship
(1st ed)
9. Hayes&Williams, Family Law- Principles Policy and Practice (2nd ed)

20. Law of Special Contracts – 4 Credits

I. Indian Contract Act, 1872; a. Indemnity:(Ss. 124-125) - Definition of Indemnity -

Nature and extent of liability of the indemnifier - Commencement of liability of the
indemnifier; b. Guarantee:(Ss. 126-147) - Definition of guarantee: as distinguished
from indemnity -Basic essentials for a valid guarantee contract - Continuing
guarantee - Nature of surety's liability-duration and termination of such liability -
Rights of surety - Extent of surety's liability - Discharge of surety's liability; c.
Bailment:(Ss. 148- 171) - Definition of bailment - Kinds of bailees - Duties of Bailor
and Bailee towards each other - Rights of bailor and bailee; d. Pledge:(Ss. 172-179) -
Pledge: comparison with bailment - Definition of pledge under the Indian Contract
Act - Rights of the pawner and pawnee - Pawnee’s right of sale as compared to that of
an ordinary bailee - Pledge by certain specified persons mentioned in the Indian
Contract Act; e. Agency:(Ss. 182-238) - ‘Agent’ and ‘Principal’ defined - Who may
employ an agent-who may be appointed as agent - Kinds of agents and agencies-
essentials of a agency transaction - Distinction between agent and servant - Various
methods of creation of agency - Rights, duties and liabilities of principal and agent-
scope and limitation -Delegation-ratification and revocation of authority - Methods of
termination of agency contract - Liability of the principal and agent before and after
such termination.

II. The Sale of Goods Act, 1930; a. General: Formation of Contracts of Sale(Ss. 1-10) -
Concept of ‘Goods’ - ‘Sale’ and ‘Agreement to sell’ - Statutory Transactions -
Contract for ‘Works’/ ‘Labour’; b. Conditions and Warranties(Ss. 11-17, 62, 63) -
Stipulations as to time - Implied Conditions and Warranties – as to title, quality,
fitness, etc. - Sale by Description and by Sample - Treating conditions as warranties -
Doctrine of Caveat Emptor; c. Effects of the Contract (Ss8-30) - Transfer of property
- Doctrine of Nemo dat quod non habet; d. Sale :by a person other than the owner - by
joint owner - by mercantile agent - by seller or buyer in possession after sale under
voidable contract - in Market Overt; e. Performance of the Contract(Ss. 31-44) -
Duties of seller and buyer - Rules relating to delivery of goods; f. Rights of Unpaid
20
 Seller(Ss. 45-54) - Who is an un-paid seller? - Un-paid Seller’sRights – Right of lien -
Right of stoppage in transit - Transfer of goods by buyer and seller; g. Suit for Breach
of Contract(Ss8-30) - for price - non-delivery - non-acceptance -damages for breach
of conditions and warranties; h. Repudiation of contract; i. Payment of damages and
special damages; j. Auction Sale(S. 64)

III. The Indian Partnership Act, 1932; a. Nature of Partnership(Ss. 4-8) - Definition of
“partnership”, “partner”, “firm” and “firm name” (S. 4) - Partnership not created by
status (S. 5) - Mode of determining existence of partnership (S. 6) - Partnership at will
(S.7) - Particular partnership (S.8); b. Partnership and private limited company-
Advantages & disadvantages; c. Relations of Partners to one Another (Ss. 9-17); d.
Relations of Partners to Third Parties(Ss. 18-30); e. Incoming and Outgoing
Partners(Ss. 31-38); f. Dissolution of Firm(Ss.39-55); g. Registration of Firms(Ss. 56-
71)

IV. The Limited Liability Partnership Act, 2008; a. Concept and nature of Unlimited
Liability Partnerships- Distinction between a partnership, a limited liability
partnership and a company - Incorporation of LLPs - Effect of registration; b.
Partners and their relations; c. Liability of LLPs and its partners; d. Holding out; e.
Protection to whistle blowers; f. Investigation

V. The Negotiable Instruments Act, 1881; a. Definition – negotiable instrument -

negotiation – holder – holder in due course – billof exchange – cheque – promissory
note – choate and inchoate – acceptance – dishonor – noting – protesting; b. Material
Alteration; c. Offences and Punishments– procedure in case of bouncing of cheques

Readings:

1. Chitty, Contracts, Vol. 1I, 29th Ed., Sweet & Maxwell, 2004.
2. V.K. Rao, Contract II - Cases and Materials, Butterworths, 2004.
3. M. Krishnan Nair, Law of Contracts, 1998.
4. Dutt on Contract, H.K. Saharay, Universal, 2000.
5. Mulla, Indian Contract Act and Specific Relief Acts, Lexis Nexis 13th Ed. 2006.
6. Avtar Singh, Law of Partnership
7. Piyush Joshi, Law relating to Infrastructure Projects, Butterworths
8. Agarwal, Government Contracts, Law and Procedures, Eastern Book Corporation
9. Fired, The Law of Agency, Butterworth
10. Iyer Sale of Goods and Partnership Acts, Asia Law House
11. Reynolds & Davenport, Bowstead on Agency, Sweet & Maxwell
12. Mulla, Negotiable Instrument Act, Tripathy
13. Avtar Singh ‘ Principles of Mercantile Law’
14. Pollock and Mulla ‘ The Indian Partnership Act’
15. G.A.L. Friedman ‘ Law of Agency’
16. Benjamin’s Sale of Goods, Sweet & Maxwell, London 12
17. G.P. Sarathy ‘ Negotiable Instruments’
18. Bashyam&Adiga, Negotiable Instruments Act,
19. Pollock &Mulla, Indian Contract & Specific Relief Acts.
20. P.S. Atiyah, Introduction to the Law of Contract, Oxford.
21. P.S. Atiyah, Essays on Contract, Oxford.
22. RashbeharyGhose, Law of Mortgage, Kamal Law House, (1997).

21
 23. Avtar Singh: Law of Contract, Eastern Book Company, Lucknow
24. VenkateshIyer: The Law of Contracts and Tenders. Gogia& Co., Hyderabad
25. Beatson, Sir Jack, et al. Anson's Law of Contract. 29th ed. Oxford: Oxford
University Press, 2010
26. Cheshire &Fifoot: Law of Contract, Buttersworth, London,
27. P.S. Atiyah: Sale of Goods Act 1997, Universal Book Traders, Delhi 11.
28. Chales D. Drale: Law of Partnership, Sweet & Maxwell, London
29. G.C.V. SubbaRao: Law of Contract, S. Gogia& Co., Hyderabad
30. Ramaiah’s Sale of Goods Act, 4th Edition 1998, The Law Book Co. Allahabad
31. Bowstead on Agency, Sweet and Maxwell, London.
32. Lindley on Partnership
33. Singh and Gupta, Verma J. P. (ed.). The Law of Partnership in India, New Delhi:
Orient Law House, 1999
34. Geofrey Morse, Partnership Law, OUP, Seventh Edition (2010)

21. Law of Property – 4 Credits

I. Concept of property – Ownership and possession - jurisprudential basis-different types of

property- applicability of the Transfer of Property Act– exemptions – transfer by
operation of law - definition of movable and immovable property – profits a prendre -
instrument - notice and attestation- definition of transfer of property – future property -
conditions of valid transfer-transferability of property- oral transfer - effect of transfer –
registration of documents – Adverse possession.
II. Rule against inalienability – restrictions on enjoyment-transfer in favour of unborn
person-rule against perpetuity-doctrine of accumulation-vested and contingent interest-
condition precedent and condition subsequent - Doctrine of election- apportionment-
Transfer of property by ostensible owners – Benami Transactions - Transfer by limited
owners– Fraudulent Transfers –Lis pendens - Part performance.
III. Sale and Exchange – Condition for valid sale – sale and agreement to sell – Rights and
liabilities of sellers and buyers – Mortgage – kinds of mortgages – charge – rights and
liabilities of mortgagor and mortgagee – doctrine of priority – redemption and
foreclosure – subrogation – tacking – contribution – marshalling.
IV. Lease – conditions for valid lease – lease and license – rights and liabilities of lessor and
lessee – determination of lease- Gift – conditions for valid gifts – universal donee –
onerous gifts - actionable claim – transfer of actionable claim.
V. Concept and definition of easement – Characteristics of easement – Dominant and
servient heritage – easement and licence – easement and profits a prendre -
classification of easement – imposition of easement – disturbance of easement –
suspension and extinction of easement – remedies for disturbance of easement – licence.

Readings:

1. H.S Gaur’s Commentary of Transfer of Property Act (13th ed. 2003)

2. M.R Malik, Goyle’s Commentary on the Transfer of Property Act 2nd 2001
3. Dr. N Maheswara Swaamy, Text book of property law 1st 2008
4. G.C.V Subha Rao, Transfer of Property Act
5. Vepa P. Sarathi, G.C.V Subbarao’s Law of Transfer of Property 4th ed., 2005
6. Poonam Pradhan, Property Law 2010
7. Mulla, The Transfer of Property Act, 2015
8. G.P Tripathi, Transfer of Property Act, (18th ed., 2014)
22
 9. S. N Shukla, Transfer of Property Act, (14th ed., 2014)
10. R.K. Singha, The Transfer of Property Act (14th ed., 2013)

22. CONSTITUTIONAL LAW - 1 4 Credits

1. Salient features of the Indian Constitution - Separation and Balance of Powers – Rule of
Law – Preamble of the Constitution – forms of government – parliamentary and presidential -
Nature and essential features – Concept of federalism – essential features of federal
government – Indian federalism –Parliamentary power to cede Indian Territory (Art. 1 – 4) –
citizenship

2. Distribution of power between Centre and States – Legislative powers (Art. 245-255) –
Administrative powers (Art. 256-263) – Fiscal powers (Art. 268-291) – free trade and
commerce – Commerce clause and federalism (Art. 301-307)

3. Composition and terms of Houses of Parliament and State Legislatures – Officers of

Parliament and legislatures - Powers and privileges of Parliament and legislatures – Anti-
defection

4. Cabinet form of Government – Collective responsibility of cabinet – Election, removal

and powers of President and Vice President – Appointment and powers of Governors –
Ordinance making power - pardoning powers - Executive, Union and State – Other
constitutional authorities - emergency provisions and federal structure – Services under the
Constitution – Doctrine of pleasure – Protection of Civil Servants.

5. Judiciary – status under the Constitution –jurisdiction - relationship with other organs –
independence – appointment, tenure, removal of Judges – higher & lower judiciary -
accountability

Readings:

1. H. M. Seervai Constitutional Law of India

2. V. M. Shukla Constitution of India
3. D. D. Basu Shorter Constitution of India
4. M. P. Jain Indian Constitutional Law
5. K. C. Wheare Federal Government
6. A. V. Dicey The Law of the Constitution
7. Constitutional Assembly Debates
8. Anirudh Prasad Centre-State Relations in India

23. Jurisprudence - 4 Credits

I. Introduction- Jurisprudence - Need for study – Definitions- Relation with other

Knowledge – Law – Definition- Purpose and Kinds of Law – Theories of Law
and Justice; Justice –Concept and Kinds- Administration of Justice – Purpose-
Essentials of Criminal and Civil Justice-Theories of Punishment.
II. Sources of Law — Legal and Historical Sources — Legislation - Definition of
legislation - Classification of legislation- Supreme and Subordinate Legislation -
Direct and Indirect Legislation - Principles of Statutory Interpretation. Precedent
23
 — Definition of Precedent — Kinds of Precedent - Original and Declaratory
Precedents - Authoritative and Persuasive Precedents - Stare Decisis and its
exceptions; Custom – Definition of Custom – Kinds of Custom – General and
Local Custom – Custom and Prescription - Requisites of a valid custom; Relative
merits and demerits of Legislation, Precedent and Custom as sources of Law;
Codification — Advantages and Disadvantages
III. Theories and Schools - Natural Law and Positive Law – Historical, Economic,
Sociological Approaches, Legal Realism and Modern Legal Theory- Critical
Jurisprudence
IV. Legal Concepts - Persons, Right, Property, Ownership, Possession, Obligation,
Liability and Title.
V. Constitution and Socio-Economic Philosophy - New Developments - Law and Social
Change.

Readings:

1. Amartya Sen, The Idea of Justice (Harvard University Press, 2009),

2. Avtar Singh, Introduction to Jurisprudence (Lexis Nexis)(4th ed., 2013)
3. B. Sharon Byrd, Kant’s Doctrine of Rights-A Commentary (CUP, 2011)
4. B.N.Mani Tripathi, Jurisprudence (Allahabad Law Agency,2010)
5. Brian Bix, Jurisprudence, Theory and Context(Sweet and Maxwell) (6th ed., 2012)
6. Brian Leiter, Naturalizing Jurisprudence (OUP, 2007)
7. Cardozo, Nature of Judicial Process(Dover Publications Inc., 2005)
8. Cardozo, The Growth of Law (Yale University Press, 2012)
9. Chandran Kukathas and Philip Pettit, Rawls: A Theory of Justice and its Critics
(Polity Press, 1990)
10. Christopher Enright, Legal Techniques (Universal Law Publishing Co., 2008)
11. Dias,Jurisprudence (Aditya Prakashan) (5th ed., 1995)
12. Edgar Bodenheimer, Jurisprudence (Universal Law Publishing Co., 7thIndian
Reprint, 2011)
13. Fitzgerald, Salmond on Jurisprudence (Universal Law Publishing Co., 2008)
14. Freeman, Lloyd’s Introduction to Jurisprudence,(London: Sweet & Maxwell,
2007).
15. Friedman, Law in a Changing Society (Universal Law Publishing
Co.)(2nded.,2008)
16. Friedman, Legal Theory (Universal Law Publishing Co.) (5th ed., 2008)
17. G.W. Paton, A Text Book of Jurisprudence (OUP,2007)
18. Glanville Williams, Learning the Law (Universal Law Publishing Co.,2011)
19. Granville Austin, Indian Constitution, The Cornerstone of a Nation(Oxford
University Press, 1999)
20. Hart, H.L. A., The Concept of Law (3rd ed., Clarendon Law Series,2012)
21. J. W. Harris, Legal Philosophies, (OUP) (2nd ed., 1997)
22. John Austin, The Province of Jurisprudence Determined (Universal Law
Publishing Co. Pvt. Ltd.,2008)
23. Jonathan Wolff, Robert Nozick, Property, Justice, and the Minimal State (Stanford
University Press, 1991)
24. Joseph Raz, The Authority of Law (OUP,2008)
25. Julius Stone, Legal Systems and Lawyers’ Reasoning (Universal Law Publishing)
26. Laxminath, Precedent in Indian Legal System (Eastern Book Co.) (3rd ed., 2009)
27. Michael Zander, The Law Making Process (Cambridge University Press) (6th ed.,
2012)
28. N.K.Jayakumar, Jurisprudence (Lexis Nexis) (2nd ed., 2010)
29. Peter Cane(Ed.)The Hart Fuller Debate in 21st Century(Hart Publishing) (2010)
Press, 1990)
24
 30. Raymond Wacks, Understanding Jurisprudence-An Introduction to Legal Theory
(OUP) (3rd ed., 2012)
31. Robin West, Normative Jurisprudence- An Introduction (CUP, 2011)
32. Roscoe Pound, Jurisprudence (The Law book Exchange, Ltd., 2000)
33. Suri Ratnapal, Jurisprudence (CUP, 2011)
34. V.D. Mahajan, Jurisprudence and Legal theory (EBC, 2008)

24. Descriptive Statistics - 4 Credits

I. Statistics- Definition, origin and growth, functions, application, Limitation- Statistical

survey- data collection- Census and Sample investigation-sample and sample
designs-Classification and tabulation of data-diagrammatic and graphic
representation of data- Frequency distribution.
II. Average and other measures of location- Measures of dispersion- Skewness,
Moments and Kurtosis- Correlation analysis- Regression, methods of least squares-
Simple curve fitting.
III. Association of Attributes- Index Numbers: Problems in the construction of index
numbers, Uses, test of adequacy of index numbers, Fixed and Chain base index
numbers and Consumer Price index.
IV. Analysis of Time series- Components, Utility, measurement of trend, seasonal
Variation, cyclical fluctuation and irregular variations
V. Vital Statistics- uses, methods of obtaining vital statistics, measurement of fertility
and mortality, various rates and Life tables.

Readings:

1. Gupta S. P., “Statistical Methods”, Sultan Chand and Sons, New Delhi (1995)
2. Yule G.V and Kendall M.G, “An introduction to the theory of statistics”, Charles
Griffin and Co., London 14th Edn (1999)
3. Croxton F.E, Cowden D. J and Klein S. “ Applied General Statistics”, Prentice Hall
of India Pvt. Ltd, New Delhi (1973)
4. Gooff A.M, Gupta M.K, and Dasgupta B. “Basic Statistics”, The World Press Pvt.
Ltd, Calcutta (1990)
5. Puri V.K “ Fundamentals of Statistical Methods”, Allied Publishers Pvt. Ltd, New
Delhi (1984)
6. Raktoe B.L and Hubert J.J, “ Basic Applied Statistics”, Maiel Dekker U.S.A. (1979)

25. Family Law – II - 4 Credits

I. Hindu Joint Family -essential features- management of Joint family property, Partition of joint
family property, Mithakshara coparcenary – survivorship – devolution of joint family property –
application of law, Karta – power – alienation of joint family property, Pious Obligation –debt
incurred by members of joint family- application of law- Legal provision dealing with devolution
of coparcenary property – section 6 of the Hindu Succession Act- concept of notional partition-
amendment of 2005
II. Succession - Intestate Succession- concept- introduction to different personal laws relating to
intestate succession, Basic differences between Hindu Mithakshara and Dayabhaga schools of
succession, Basic differences between Muslim Sunni and Shia schools of succession,
Testamentary succession-meaning

25
III. Succession – Hindu law - Rules of intestate succession applicable to Hindus- the Hindu
Succession Act, 1956 - Right of a female Hindu over her property-customary and modern law;
Succession – Muslim law - Sunni law of intestate succession - Shia law of intestate succession;
Intestate succession under the Indian succession Act, 1925 - Rules applicable to Christians -
Rules applicable to Parsis; Disqualification from inheritance, Disqualification of women -
ancient and modern law-amendment to Hindu Succession Act- Disqualification of murderer -
Disqualification by conversion.

IV. Wills - Testamentary succession- Indian Succession Act, Muslim law relating to wills,
Privileged and unprivileged wills- execution, attestation, revocation, alteration and revival,
Construction of wills, Void bequests, Vesting of legacies, Onerous bequests, Contingent
bequests, Conditional bequests, Specific legacies, Demonstrative legacies, Ademption of
legacies, Lapse of legacies, Abatement of legacies, Death-bed transactions - Under the Indian
succession Act – Marz-ul maut under the Muslim law, Probates and letters of administration-
Executors and administrators- powers and duties, Succession Certificate.

V. Wakf - Concept and essentials - Wakf-alal-aulad - Mussalman Wakf Validating Act, 1913;
Pre-emption – essentials – law relating to pre-emption; Gifts – Hiba under Muslim law – Gifts
under Hindu customary law and statutes; Reforms in law relating to succession - Comparative
analysis of different personal laws on succession- effect of conversion, Legislative interventions
– amendments, Need for legislative interventions – law commission recommendations, Judicial
trend.

Readings

1. SA Desai, Mulla Hindu Law(19th ed)

2. Paras Diwan, Law of Marriage and Divorce (1st ed)
3. Mithra on Hindu Law( 1st ed)
4. M Hidayathullah, Principles of Mohammedan Law (19th ed)
5. BR Verma, Commentaries on Mohammedan Law (11th ed)
6. Paras Diwan, Family Law (9th ed)
7. GCV Subbarao, Family Law (7th ed)
8. Dr. Sebastian Champappilly, Christian Law on Marriage, Adoption and Guardianship
(1st ed)
9. Hayes&Williams, Family Law- Principles Policy and Practice (2nd ed)

26. Company Law – 4 Credits

I. Corporate personality – theories - limited liability - lifting the veil doctrine -

Registration and incorporation – Procedure – role of Registrar of Companies and
Central Government; Kinds of companies - private and public companies –
government companies - holding and subsidiary companies – one person and
S.8 companies – producer companies.
II. Memorandum of Association – Doctrine of Ultra vires – Articles of Association –
concept of Indoor Management; Promoters and Pre-incorporation contracts -
Venture Capitals and Angel Funds - Prospectus - Misrepresentation and
remedies - Criminal responsibility – Liability of membership - Allotments of
shares.
III. Share capital - preference share capital – Equity share capital - Dividends -
Auditors – Borrowing - meaning and consequences - mortgages and charges -
26
 Loans –Investments – Debentures - Shareholder and debenture holder; Board of
Directors – Independent Directors - Appointment of Directors – Meetings -
Minutes of meetings – Rule of Majority - oppression and mismanagement -
National Company Law Tribunal, NCLAT.
IV. Mergers and Amalgamations – Take-over and Acquisitions – impact of
competition law; Defunct companies – corporate insolvency - Winding up of
companies – IBC 2016 – Dissolution.
V. Corporate governance – role of statutory committees - corporate social responsibility
– regulatory control over companies.

Readings:

1. A. Ramaiya, Guide to the Companies Act, revised by Arvind P. Datar, 18th ed., 2014,
Lexis Nexis, ISBN: 9789351433255
2. https://www.icsi.edu/Docs/Webmodules/Publications/1.%20Company%20Law-
Executive.pdf
3. Avtar Singh, Company Law, 16th ed., 2015, Eastern Book Company, ISBN:
9789351451556
4. K.K. Sharma, Competition Commission Cases: A Compendium of CCI cases from
2009 – 2014, 1st ed., 2014, Lexis Nexis, ISBN:9789351431237

27. Constitutional Law II - 4 Credits

I. Origin and concept of Fundamental Rights - importance– violation of Fundamental
Rights and need for Remedies – Concept of State – analysis –Other Authorities– law
under Art. 13 – Definition.
II. Concept of Equality- different facets –discrimination- arbitrariness, class legislation and
classification – old and new doctrines – right to freedoms – different types –
restrictions
III. Life and personal liberty – constitutional protection (Art.20-22) – inter relationships
between various provisions – Right against exploitation.
IV. Right to Religion –– minority rights - secularism, religious freedom, and social reforms-
Uniform Civil Code- analysis of property rights.
V. Judicial Review – scope and exclusions - Right to Judicial remedies – Writs – PIL -
Directive Principles of State Policy – objective of the directives – inter relationship
with fundamental rights – Fundamental Duties – Amendment of the Constitution –
power and procedures.

Readings:
1. H. M. Seervai Constitutional Law of India
2. V. M. Shukla Constitution of India
3. D. D. Basu Shorter Constitution of India
4. M. P. Jain Indian Constitutional Law
5. Constitutional Assembly Debates

27
28. Law of Evidence - 4 Credits

I. Nature and Scope of The Indian Evidence Act and Relevancy of Facts- Objects and
scope of the Indian Evidence Act 1872- definitions of: “fact”, “facts in issue”,
“relevant”, “document”, “evidence”, “proved”, “disproved” and “not proved”, “may
presume”, “shall presume” and “conclusive proof”; Statements forming part of the
transaction-res gestae- Motive, preparation, previous or subsequent conduct-
Difference between conduct and character- Relevancy of character-role of motive in
an offence-facts necessary to explain or introduce relevant facts, identification of
accused-existence of conspiracy- significance of common intention etc.-Law
Commission and other committee recommendations on changes to be made to the
Indian Evidence Act

II. Relevancy of Admissions, Confessions, Statements by Persons who cannot be called

as Witnesses, Judgments and Opinion of Third Parties- Admission- Oral admissions-
admission in civil cases- Confession- when relevant-information received from
accused etc.; Who is dead or cannot be found: Statements made under special
circumstances -Entries in books of account- public record or electronic record, maps,
charts & plans- law contained in law books; Previous judgements- judgements in rem
and other judgements-when irrelevant; Opinion of experts- handwriting and
fingerprints- digital signature- opinions of third persons-existence of right or custom-
usages, tenets- opinion on relationship-grounds or opinion.

III. Oral Evidence, Documentary Evidence, Exclusion of Oral By Documentary

Evidence and Proof of Execution of Documents- Proof of facts by oral evidence-
Direct and Hearsay Evidence- Exclusion of Oral by Documentary Evidence-
Evidence of Terms of contracts, grants, patent and latent ambiguity; Contents of
documents- Primary and Secondary evidence- Admissibility of secondary evidence-
proof of signature-attesting witness – public and private documents-certified copies-
official documents- Electronic evidence and rules regarding their admissibility.

IV. Presumptions and Burden of Proof- Presumptions of Law and Fact- Presumption as
to Documents- Genuineness of certified copies-record of evidence, gazettes, books,
collection of laws and report of decisions-powers-of-attorney-digital signature-
foreign judicial records-maps, charts-telegraphic messages-documents 30 years old
and electronic records 5 years old; Burden of proof-On whom burden of proof lies-
Difference between burden and onus-Exceptions-burden to prove death and life-
presumption as to dowry death-presumption of legitimacy-presumptions in cases of
rape.

V. Witnesses and Proof of Facts - Witnesses- who may testify- judges and magistrates-
communication during marriage- professional communication-confidential
communication, accomplice-Facts judicially noticeable- facts admitted- Examination
of Witness- Examination-in-chief- leading questions cross examination- indecent and
scandalous questions-impeaching credit of witnesses-refreshing memory- production
of documents-judge’s power to put questions etc.-Improper admission and rejection
of evidence-Witness Protection

Readings:

28
 1. Indian Evidence Act, 1872.
2. Nandi. Indian Evidence Act, Kolkata: Kamal Law House, 2005.
3. Mishra, Ranganath. Supreme Court on Evidence Act, New Delhi: Bharat Law House
4. Field. Field’s Commentary on Law of Evidence, Delhi: D. L. House, 2006.
5. Woodroffe, Sir John, and Syed Amir Ali. Sir John Woodroffe and Syed Amir
Ali's Law of Evidence. New Delhi: Universal Publishing Co., 2001.
6. Monir M., Text Book on the Law of Evidence. New Delhi: Universal Law
Publishing, 2006.
7. Singh, Avtar. Principles of the Law of Evidence, Allahabad: Central Law
Publication, 2005.
8. Sarkar, Law of Evidence. Eastern Book Company 19th ed. (2017).
9. Surendra Malik and Sudeep Malik, Supreme Court On Evidence Act, Eastern
Book Company, 2nd ed. (2018).
10. Ratanlal and Dhirajlal, The Law of Evidence (HB), Lexis Nexis, 25th ed.
(2018).
11. Ratanlal and Dhirajlal, The Law of Evidence (Paperback), Lexis Nexis, 27th
ed. (2019).

29. Labour Law I – 4 Credits

I. Philosophy of Labour Welfare, Labour Movement-history and development –

International and National , The Constitution of India and Labour Rights – Preamble -
Fundamental Rights and Directive Principles – Gender Rights – Special protection to
women at workplace – child labour – unorganised sector, National Labour Commissions
– Labour Codes – Labour problems and policies in India – recent developments-online
aggregators etc.
II. Trade Unions – Development of trade union movement – The Trade Unions Act, 1926,
Registration of Trade Unions, Rights, Liabilities and Immunities of Trade Unions,
Penalties, Recognition of Trade Unions – judicial response – procedure for recognition of
Trade Unions – The Kerala Recognition of Trade Unions Act, 2010.
III. Industrial Relations – Industrial Employment (Standing Order) Act, 1946, Industrial
Employment (Standing Order) Central Rules, 1946 Industrial Disputes Act, 1947 –
History and Background – Meaning and definition of Industry – Judicial response -
recent trends, Industrial and Individual disputes, Workmen, Authorities under the
Industrial Disputes Act – Powers and Duties of Authorities.
IV. Reference of Dispute – Powers and Duties of Government, Settlement of Individual
Disputes, Right to Strike – Constitutional and Legal perspectives, Lock out, Lay Off ,
Retrenchment, Transfer and Closure of industries, Unfair Labour Practices, Penalties.
V. The Factories Act, 1948, Definition of Employer, Occupier, Factory, Workmen etc.,
Procedure for registration of factories, Authorities, Measures for Health, Safety and
Welfare of workmen, Working hours of Adults, Employment of young persons, Annual
Leave with Wages, Penalties and Procedure.

Readings:

1. John Bowers & Simon Honey Ball, Text Book on Labour Law (1996)
2. S.D Punekar, S.B. Deodhar and Mrs.Saraswathi Sankaran, Labour Welfare, Trade
Unionism and Industrial Relations, Himalaya Publishing Co. 2003
3. A.C.L Davies, Perspectives on Labour Law, Cambridge University Press, 2004
4. K.M. Pillai, Labour and Industrial Laws
5. V.G. Goswami, Labour and Industrial Laws

29
 6. Dr. S.K. Puri, Labour and Industrial Laws
7. D.D. Seth, Commentaries on Industrial Disputes Act.
8. Dr. E.M Rao, The Law of Industrial Disputes
9. P.L Malik, Handbook of Labour and Industrial Law
10. S.N Misra, Labour and Industrial Law
11. H.L Kumar, Labour and Industrial Law
12. K.D Srivastava’s Law Relating to Trade Unions and Unfair Labour Practices in India
13. O.P Malhotra’s Law Relating to Industrial Disputes
14. Gyanendra Saran, Law on Industrial Disputes
15. G.M Kothari, A Study of Industrial Law
16. G.B Pai, Labour Law in India

30. Law of Crimes III (Cr.P.C.) – 4 Credits

I. Criminal justice system – introduction and comparative perspective - Functionaries

under the Criminal Justice Administration; Jurisdiction and related issues – constitution of
criminal courts – different organs of criminal justice administration – power of police –
arrest of persons – process to compel appearance of persons and production of things.

II. Security for peace and for good behaviour – maintenance of public order and
tranquillity – maintenance of wife, children and parents – preventive action of the police;
Information to the police and their power to investigate – jurisdiction of criminal courts
in enquiries and trials – conditions requisite for initiation of proceedings; Complaints and
commencements of proceedings before magistrate.

III. Charge – trial before a Court of Session – trial of warrant cases by magistrate – trial of
summons cases by magistrate – summary trial - Plea Bargaining - Compounding and
Withdrawal of Prosecution.

IV. The judgment –Appeal, reference and revision – transfer of criminal cases – execution,
suspension, remission and commutation of sentences – Compensation; Bails and bonds –
anticipatory bail, limitations in criminal cases – inherent jurisdictions.

V. Juvenile Justice – prevention and treatment – Probation of Offenders

Readings:
1. R.V. Kelkar’s Criminal Procedure, Revised by KNCPillai, EBC 6th ed. 2014
2. Ratanlal and Dhirajlal’s The Code of Criminal Procedure, Lexis Nexis 21st ed. 2018
3. Durga Das Basu Code of Criminal Procedure, 1973, Lexis Nexis, 6th ed. 2017
4. SC Sarkar The Code of Criminal Procedure 2 Vol, Lexis Nexis Butterworths Wadhwa
Nagpur; Tenth edition (2012)
5. C K Thakker ‘Takwani’ and M C Thakker Criminal Procedure, 4th ed. Lexis Nexis, 2014
6. Juvenile Justice (Care and Protection of Children) Act, 2000
7. Probation of Offenders Act, 1958

31. INTRODUCTION TO INTELLECTUAL PROPERTY RIGHTS – 4 Credits

30
 I. Concept of Intellectual property - Characteristic features - distinction of IP from
traditional concept of property-Rationale and Justification - Jurisprudential analysis -
concept of property and IP - Kinds of IP - IP in Global Market Place
II. Patents - brief history - Criteria of obtaining a Patent -patentability- global standards
judicial decisions- Inventions not Patentable – Procedure for filing–Rights of
Patentees – Licensing and assignment - Limitations and exceptions to patent rights -
infringement and remedies
III. Trademarks - Its meaning, object and rationale - development in common law –Passing
off Registration of Trademark - grounds for refusal – procedure - Powers and duties
of Registrar - Infringement -Dilution-Ambush Marketing- Comparative Advertising -
protection of Domain Names -Collective Marks - Certification Marks-infringement
and remedies
IV. Copyright – history - nature and object - Berne convention – work – author – procedure
and steps – Registration -Rights- Infringement-Fair dealing- Fair use – infringement -
remedies - issues in digital era- Related Rights under Copyrights – Licensing and
assignment - Copyleft
V. Introduction to different IPR- Protection of Plant Varieties and Farmers Rights-
Geographical Indications- -Trade secrets- Industrial Designs- Semiconductor devices-
Lay out designs of Integrated Circuits - Traditional Knowledge- Biodiversity and IPR

Readings:-

1. PAUL C. TORREMANS (ED.) INTELLECTUAL PROPERTY AND HUMAN

2. RIGHTS (Walter Kluwers, 2nd ed. 2008)
3. Chapman, The Human Rights Implications of Intellectual Property Protection, 5
JOURNAL OF INTERNATIONAL ECONOMIC LAW 861(2002)
4. ROGER E. SCHECHTER AND JOHN R. THOMAS, INTELLECTUAL
5. PROPERTY - THE LAW OF COPYRIGHTS, PATENTS AND TRADEMARKS
6. 480 (St.Paul, 2003)
7. CORNISH AND LLEWELYN, INTELLECTUAL PROPERTY 6 (6th Ed. 2008).
8. ELIZABETH VARKEY, LAW OF PATENTS (Eastern Book Company, 2nd ed.
9. 2012)
10. MADHAV KULKARNI, INDIA, BIOTECHNOLOGY AND PATENTS: INDUSTRY
PERSPECTIVE (Biocon Limited, 2012)
11. RALPH S. BROWN, ROBERT C. DENICOLA, COPYRIGHT: UNFAIR
COMPETITION, AND RELATED TOICS BEARING ON THE PROTECTION OF
WORKS OF AUTHORSHIP (Foundation Press, 2013).
12. T.R. SRINIVASA IYENGAR’S THE COPYRIGHT ACT, 1957 (6th ed.
13. Butterworths)
14. BHARTI THAKAR, INTELLECTUAL PROPERTY RIGHTS IN THE EMERGING
BUSINESS ENVIRONMENT (2006)
15. DAVID BAINBRIDGE, INTELLECTUAL PROPERTY (5th ed. 2003)
16. P.S. NARAYANA, INTELLECTUAL PROPERTY IN INDIA (Gogia Law House,
17. 2005)
18. JAYASHREE WATAL, INTELLECTUAL PROPERTY RIGHTS IN THE WTO
19. AND DEVELOPING COUNTRIES (OUP, 2009)
20. Can Cui, Patent Eligibility of Molecules: “Product of Nature” Doctrine After
21. Myriad, 4 JOURNAL OF INTELLECTUAL PROPERTY AND
31
22. ENTERTAINMENT LAW (2011)
23. JONATHAN CURCI, THE PROTECTION OF BIODIVERSITY AND
24. TRADITIONAL KNOWLEDGE IN INTERNATIONAL LAW OF
25. INTELLECTUAL PROPERTY (Cambridge Intellectual Property and Information Law,
2010)
26. C M CORREA, TRIPS RELATED ASPECTS OF INTELLECTUAL PROPERTY
RIGHTS: A COMMENTARY ON THE TRIPS AGREEMENT, 291 (Oxford
27. University Press, 2007).
28. PETER D. ROSENBERG, PATENT LAW BASICS 8 (10th ed. 2002)
29. PHILIP W. GRUBB, PATENTS FOR CHEMICALS, PHARMACEUTICALS AND
BIOTECHNOLOGY: FUNDAMENTALS OF GLOBAL LAW, PRACTICE
30. AND STRATEGY, 252 (3rd ed. 1999).
31. THOMAS A. STEWART, INTELLECTUAL CAPITAL: THE NEW WEALTH OF
ORGANIZATIONS 12 (1997)
32. B.L.WADEHRA, LAW RELATING TO INTELLECTUAL PROPERTY (5th ed.
33. Universal Law Publishing Co., 2012).

32. Information Technology Law - 4 Credits

I. Information - Concept, definition, characteristics, attributes. Information

Technology -Origin, importance, unique features. Computers - Introduction,
hardware and software basics, internet - Evolution, present position, future
potential. Categories of software - Proprietary and free. Internet - Technicalities,
agencies controlling. General challenges posed by information technology on legal
system. Introduction to reverse engineering, convergence, interoperability,
electronic signatures etc.
II. IT Policy - Information technology and challenges to law of contracts. Computer
contracts. Protection of intellectual property rights of software.
III. Information technology and ethics. Information technology and its impact on
human rights. Information technology and criminal law. Evidentiary issues and
cyber forensics.
IV. Internet - Jurisdictional issues. E-Commerce, e Banking - Introduction, scope, legal
issues. Taxation of Internet transactions. Roles of UNCITRAL, WIPO, WTO – e -
krishi – online commercial arbitration
V. The Information Technology Act, 2000 - Overview, electronic governance,
electronic records, digital signatures, authorities, offences and penalties, impact on
other enactments, allied Rules and Notifications etc. Comparison with statutory
initiatives of other countries and organizations.

Readings:
1. David Bender – Computer Law
2. Chris Reed – Computer Law
3. Vakul Sharma – Information Technology, Law and Practice
4. Priti Suri & Associates – Open sources and the Law
5. Rodney D. Ryder – A guide to Cyber Law
6. S.K. Verma, Legal Dimensions of Cyber Space, ILI

32
33. Environmental Law - 4 Credits

I. Environment – anthropocentric and eco-centric approaches to environmental

protection - cultural, religious and habitual controls in the past - lawof public
insurance – local bodies – impact of industrial – the Stockholm conference and
world environmental consciousness.

II. Eco-protection – forest, tribal people, wild life, protection of other living beings,
bio-diversity, land use, water bodies: wetlands, lakes, ponds, interstate rivers,
interlinking of major rivers, mining: sands in rivers and coasts, mining of minerals
in other areas and conservation heritage and ancient monuments.

III. Environment (Protection) Act 1986: delegation of powers and delegated

legislation - coastal zone management, handling of hazardous substances, waste
management, environment impact assessment and public participation, noise rules
- Control of pollution of water and air, agencies, structures and functions, consent
administration.

IV. Polluter pays principle - public trust doctrine - precautionary approach: should it
be confined to pollution scenario? - sustainable development: conflict of different
values - damming the rivers, mining of minerals, coal and petroleum and
accepting nuclear power as alternative energy – victims of development ventures
– rehabilitation and resettlement - should rehabilitation precede development?
Land acquisition and compensation –better facilities for oustees than those in their
original habitat.

V. Constitution and judicial review of decisions on environment – evolution of the

right to a clean environment – conflict of the right with other fundamental rights –
conflict of legislative powers on matters concerning environment – judicial
deference on scientific and technological expertise – the green tribunal.
Readings:

1. Sumeet Malik, Environmental Law (2008) Eastern.

2. Satish C. Sastri, Environmental Law, Eastern.
3. SUE Elworth and Jane Holder, Environmental Protection: Text and Materials,
Butterworths.
4. Felix R Fitzroy and Elisas Paparakes, An Introduction to Climate Change.
Economics and Policy (2010) Earthscan.
5. Simon Ball and Stuart Bell, Environmental Law, Blackstone, London.
6. Ashok A Desai, Environmental Jurisprudence.
7. Kailas Thakur, Environmental Protection Law and Policy, Deep and Deep.
8. Armin Rosencranz et.al, Environmental Law and Policy in India.
9. Jaswal P.S. and Jaswal N., Environmental Law
10. P Leelakrishnan, Environmental Law in India, LexisNexis Wadha
11. P Leelakrishnan, Environmental Law Case Book, LexisNexis

33
34. Labour Law II - 4 Credits

I. Concept of social security - Constitutional Framework – Employees’

Compensation Act, 1923 - Definitions, Aims & Object, Liability of Employer,
Notional Extension & Defences, Determination of Amount of Compensation,
Compensation when due-Penalty for default, Contracting Out , Appointment &
Powers of Commissioner.

II. Employees State insurance Act – Benefits under the Act - authorities established
under the Act. Maternity Benefits Act – aim and objectives- Benefits under the
Act.

III. Employees Provident Funds and Miscellaneous Provisions Act – Provident Fund -
Pension Fund – Deposit Linked Insurance Scheme –Bonus – Gratuity.

IV. Abolition of Contract Labour in India – Regulatory Framework – Minimum Wages Act
– Payment of Wages Act - Labour Code.

V. Mahatma Gandhi National Rural Employment Guarantees Act – Salient feature –

criticisms – applicability of social security measures in private sector institutions –
Unorganized Sector –Welfare Funds.

Readings:
1. Dr. V.G Goswami, Labour and Industrial Law 8th ed., 2004
2. P.L Malik, Handbook of Labour and Industrial
th
Law 11th ed.,2007
3. S.N Misra, Labour and Industrial Law 25 ed., 2009
4. H.L Kumar, Labour and Industrial Law 2nd ed., 2005
5. K.D Srivastava’s Law Relating to Trade Unions and Unfair Labour Practices in India
4th ed., 2002
6. O.P Malhotra’s Law Relating to Industrial Disputes
th
6th ed., 2004
7. Gyanendra Saran, Law on Industrial Disputes 4 ed., 2010
8. G.M Kothari, A Study of Industrial Law 5th ed., 2000
9. G.B Pai, Labour Law in India 2001
10. The Manual of Labour and Industrial Laws

35. Code of Civil Procedure and Limitation Act - 4 Credits

I. Introduction and Definitions, Nature of Civil Suits, Jurisdiction , Limitations on

Jurisdiction and Institution of Suits- Definitions-Distinction between decree and
judgement and decree and order; Suits of civil nature – scope and limits- Types of
jurisdiction-Hierarchy of courts, Place of suing-Limitations- Res sub judice and Res
judicata, Enforcement of foreign judgements; Institution of suit- Parties to suit-
joinder- misjoinder or non-joinder of parties- representative suit-Death of parties and
consequences- Withdrawal and compromise of suits.

II. Appearance and Non- appearance of Parties, Pleadings, Production and Discovery
of Documents and Trial Procedures- Appearance of parties- Summons and its
service- modes of service- Consequence of non-appearance of plaintiff and
defendant-Ex-parte procedure; Rules of pleading- Construction of Pleadings- Plaint:
particulars- Admission-return and rejection- Written statement-Particulars- rules of
34
 evidence- Set off and counter claim- distinction; Discovery, inspection, and
production of documents- Impounding of documents Interrogatories; Framing of
issues- Affidavits-Schedule of witnesses and documents-Pre-trial rules-Examination
of parties and witnesses and procedure.

III. Interlocutory Orders, Inherent and Miscellaneous Powers and Suits in Particular
Cases - Interim orders-Power to set aside ex-parte orders and decrees-Issue of
commissions- Arrest and attachment before judgement, Temporary orders of
injunction and appointment of receivers-Interests and costs- Adjournments - Transfer
of Cases-Restitution-Caveat-Suits by or against government-Suits by
aliens and by or against foreign rulers or Ambassadors- Public nuisance- Suits by or
against firm- Suits in forma pauperis- Mortgages-Inter-pleader suits, Suits relating to
public charities

IV. Execution, Appeals, Review, Reference and Revision-The concept- General

principles-Power for execution of decrees- Procedure for execution- Enforcement,
arrest and detection- Attachment, Sale and delivery of property- Stay of execution;
Appeals from original decree- Second Appeals- Appeals from orders-General
Provisions relating to appeal- Appeal to the Supreme Court-Reference, Review and
Revision-Powers of courts.
V. Law of Limitation- The concept- premise and relevance of limitation- Distinction
with latches, acquiescence, prescription etc.-Extension and suspension of limitation-
Sufficient cause for not filing the proceedings- Condonation of delay-Legal
disabilities—Continuous running of time and computation of limitation periods-
Exclusion of time-Acknowledgement and its essential requisites and consequence.

Readings:

1. Mulla. Code of Civil Procedure, Lexis Nexis, 19th ed.(2016)

2. Thacker, C. K. Code of Civil Procedure. Eastern Book company (2014)
3. Mallick M. R. (Ed.). B. B. Mitra on Limitation Act, Eastern Law House, 22nd ed. (2011)
4. Majumdar P. K., and Kataria R. P. Commentary on the Code of Civil Procedure,
1908. New Delhi: Universal Publishing Co., 1998.
5. Saha A. N. The Code of Civil Procedure, New Delhi: Universal Publishing Co.,
2000.
6. Sarkar's Law of Civil Procedure. Lexis Nexis, 12th ed. (2016)
7. Universal's Code of Civil Procedure. New Delhi: Universal Publishing Co., 2000
8. Woodroffe & Ameer Ali's : Commentary on Code of Civil Procedure Act, 1908, Delhi
Law House 6th ed.(2013)
9. U N Mitra's Law of Limitation and Prescription Lexis Nexis,13th ed. (2013)

36. Administrative Law - 4 Credits

I. Introduction - Definition, origin and growth of administrative law – from laissez faire
to welfare and to technological state - separation of powers: US, British and Indian
experiences – prominence of the executive – co-terminous nature of the legislative
and executive powers - Rule of law and droit administratif - Classification of
administrative powers

35
 II. Delegated legislation - Delegated Legislation - factors leading to its growth –
kinds of delegated legislation –skeleton legislation – conditional legislation;
Legislative control over delegated legislation - laying – question and debates in the
legislature – subject committees; People's control – consultation of interests –
publication before and after formulation; Judicial control – constitutionality of the
parent Act or delegated legislation - Doctrine of ultra vires: substantive and
procedural –unreasonableness – restrospective rules - exclusion of judicial review;
Legislative control over delegated legislation; Administrative directions.

III. Judicial Review of administrative action - grounds - ultra vires of the constitution
and the law - doctrine of proportionality –legitimate expectation; Procedural defects
– violation of natural justice: bias, hear the other side and need to state reasons;
Discretionary powers – self-imposed fetters, abuse of discretion, mala
fides improper purpose, arbitrariness, unreasonableness, irrelevant considerations
and non-application of mind; Methods of judicial control – writs: mandamus,
certiorari, prohibition, and quo warranto – Articles 32 and 226 of the Constitution –
injunction – damages – compensation; Limits of judicial review - locus standi,
laches, exhaustion alternative remedies; Institutional decision

IV. Regulatory Authorities, Tribunals and public corporations; concept of tribunal and
authorities - statutory regulatory bodies – SEBI, Telecom Regulatory Authority of
India, Insurance Regulatory and Development Authority of India, Electricity
Regulatory Commission etc - Administrative tribunals – Public corporations:
structure, functions and control

V. Good governance and supervising agencies - Right to Information and open

government - promissory estoppel - contractual liability - governmental liability in
tort - Ombudsmen: Lokpal and lokayukta - Central Vigilance Commissioner -
Comptroller and Auditor General – other mechanisms of preventing
maladministration and corruption- Right to Service- Protection of Whistle Blowers

Readings:

1. Jain and Jain Principles of Administrative Law (LexisNexis) (7th ed. 201).
th
2. C.K. Thakker Administrative Law (Eastern Book Company) (7 th
ed. 2011).
3. I.P. Massey Administrative Law (Eastern Book Company)
th
(7 ed. 2008).
4. Wade and Forsyth Administrative Law (Oxford) (10 ed. 2009).
5. Craig Administrative Law (Sweet & Maxwell)th (6th ed. 2011)
6. S.P.Sathe Administrative La, (LexisNexis) (7 ed. 2006)
7. N.K.Jayakumar Administrative Law (Prentice-Hall of India Ltd.) (1st ed. 2005)
8. De Smith Judicial Review (Sweet & Maxwell) (6th ed. 2009)
9. MP Jain Cases on Administrative Law (LexisNexis) (1994)

37. Media & Telecommunications Law - 4 Credits

I. History of Communication Systems - Individualistic and Societal Functions of

Communication Systems - Liberty of Press – Historical Perspectives - Arguments in
favour of Free Speech Principle - Freedom of Speech –International Perspectives -
Role of Media in a Democratic Society.
II. Media Legislations in the pre-constitutional period - Constitutional Status of the Media -
Facets of ‘Freedom of Speech and Expression’ guaranteed under Article 19(1) (a) –
Judicial interpretations - Restrictions on the Freedom of Speech and Expression -
36
 Media and the Legislature - Media and Courts – Media and the laws of Obscenity and
Defamation – Media and the Electoral Process – Communications Privacy and
Constitutional and Legal Dimensions of Electronic Surveillance.
III. Rights, duties and liabilities of printers, editors and publishers; Working condition of
journalists and other newspaper employees; Press Council of India – powers,
functions and responsibilities; Copyright Issues in the Media Sector; Taxation and the
Media; Media and the Law of Competition; Disclosure of Sources of Information –
Legal Perspectives. Journalistic Ethics; Right to information – Constitutional and
statutory perspectives; Legal control of advertisements; Legal control of cinema –
censorship and licensing issues.
IV. History of Broadcasting in India – Regulatory Framework for Terrestrial, Satellite and
Cable Broadcasting - Public Service Broadcasting in India – Socio-Legal Perspective
– Legal Framework Relating to Uplinking and Downlinking of Television Signals –
Legal Framework Governing Sports Broadcasting in India - Content Restrictions in
Communications – Framework for Tariff Regulation in Broadcasting Sector – Role of
the Telecom Regulatory Authority of India (TRAI) and Telecom Dispute Settlement
and Appellate Authority (TDSAT) in the broadcasting sector.
V. Historical Development of the Telecommunication Sector in India – Legal Framework
Relating to Telecommunication Services – Licenses for Communication Services –
Statutory Framework for Licenses – Legal and Policy Considerations in Issuing
Licenses – Regulatory Framework for Spectrum Management – Legal Framework for
Unified Access Service, Cellular & Mobile Service, Fixed & Limited Mobility
Service –Regulatory Framework relating to Interconnection Arrangements –
Framework for Tariff Regulation in the Telecommunication Sector – Regulation of
Numbers – Mobile Number Portability – Legal Framework for Installing and
Maintaining Telecommunication Infrastructure – Statutory Framework for Universal
Service Obligations – Quality of Service and Redressal of Grievances of Subscribers
of Broadcasting and Telecom sectors – Regulation of Over-the-top (OTT) services –
Powers and Functions of TRAI & Telecom Dispute Settlement and Appellate
Tribunal (TDSAT) – Convergence of Technologies – Response of the Indian Legal
System.

Readings:

1. United Nations Educational Educational Social and Cultural Organisation

(UNESCO), Communication and Society Today and Tomorrow – Many Voices One
World, Kogan Page, London (1980).
2. Eric Barendt, Freedom of Speech, Oxford University Press (2007).
3. Wayne Overbeck, Major Principles of Media Law, Cengage Learning (2015).
4. Durga Das Basu’s Law of the Press, Butterworths (2010).
5. Madhavi Divan, Facets of Media Law, Eastern Book Company (2013)
6. Vikram Raghavan, Telecommunications Law in India, Lexis Nexis, Butterworths
(2007).
7. R. N. Choudhry & S. P. Singh, Law Relating to Telecommunications and
Broadcasting, Orient Publishing Co. (2010) [2011 Reprint].
8. Sebastian Paul, Forbidden Zones – Essays on Journalism, Pranatha Books (1st edn.)
9. Gautam Bhatia, Offend, Shock or Disturb: Free Speech Under the Indian
Constitution, Oxford University Press (2016).
10. Abhinav Chandrachud, Republic of Rhetoric: Free Speech and the Constitution of
India, Penguin Books (2017).
37
 11. Reports of Law Commission of India and other official commissions constituted by
Government of India.
12. Official documents of the Ministry of I&B, Press Council of India, Telecom
Regulatory Authority of India (TRAI) and Telecom Dispute Settlement and Appellate
Authority (TDSAT).
13. Relevant Statutes and Case Law.

38. Conflict of Laws – 4 Credits

I. Object and Scope of Conflict of Laws, Stages of Disputes in Conflict of Laws and
Personal Factors – Meaning of conflict of laws-Theories- Definition of country-need
to plead and prove foreignLaw- Stages in a dispute involving foreign law-problems of
characterization and selection of lexcausae- Renvoi- challenges-public policy-Scope of
Conflict of Laws-Exclusion of foreign law; Residence-Domicile-Domicile and
nationality-Modern day relevance of habitual residence-domicile of corporations,
persons liable for deportation and mentally disordered persons.
II. Jurisdiction, its Limitations and Recognition and Enforcement of Foreign Decrees-
Traditional English rules, principles and European rules-Judgements Regulation;
Limitations to jurisdiction-Stay of suits-forum non conveniensand lis alibi pendens-
Immunity of foreign states, foreign diplomats.
Recognition and enforcement of foreign judgement- Traditional and modern rules-
recognition of foreign arbitral awards
III.Choice of Law in Torts and Contracts- Choice of law in contracts- Traditional rules –
Rome Convention and Rome I Regulations- European rules consumer contracts and
other specific contracts; Torts-Double actionability and proper law tests- Rome II
Regulations – Product liability- unfair competition- environmental damage,
defamation, specific torts etc.
IV. Choice of Law and Jurisdiction in Marriage, Matrimonial Causes and Status and
Rights of Children- Nature of marriages-Recognition of polygamous, and potentially
polygamous marriages-Formalities of marriage- Essential Validity-Theories- Capacity
to marry, consanguinity and affinity—New challenges- Civil partnerships, same-sex
marriages etc.; Matrimonial causes-jurisdiction-recognition of foreign divorces,
separations andAnnulments-extra-judicial divorces-financial relief; Legitimacy and
legitimation – rules-Child care and Adoption- Inter-country and overseas adoptions.
V. Jurisdiction and Choice of Law in Disputes Involving Transfers and Succession of
Immovable and Movable Property- Jurisdiction and choice of law in transfers and
succession of immovable property-Relevance of lex situs- Movable property-transfers
and succession.

Readings:

1. Setalvad, Atul M. Conflict of Laws. 2nd ed. New Delhi: Lexis Nexis Butterworths
Wadhwa, Nagpur, 2009.
2. Briggs, Adrian. The Conflict of Laws, Oxford: Oxford University Press, 2002.
3. McClean, David and Kisch Beevers. The Conflict of Laws, London: Sweet &
Maxwell, 2009.
4. Hood, Kirsty J. Conflict of Laws within the U.K. Oxford: Oxford University Press,
2007.
5. Collins, Sir Lawrence. Dicey, Morris &Collins on the Conflict of Laws, 2 Vols. 14th
ed. London: Sweet & Maxwell, 2006.
38
6. Mayss, Abla. Principles of Conflict of Laws, 3rd ed. London: Cavendish Publishing
Limited, 1998.
7. Collier, J. G. Conflict of Laws. 3rd ed. London: Cambridge University Press, 2001.
8. Symeonides, Symeon C. Conflict of Laws: American, Comparative, International,
St. Paul Minn: West Group, 1998.

39. Taxation Law – 4 Credits

I. Introduction: Concept of Tax - Tax and Fee - Direct and Indirect Tax - Constitutional
Scheme - Powers of Union and States - Types of Taxes - Concept of Cess, Surcharge
etc. - Basic Concepts and Terminologies in Taxation: Assessee, Levy, Collection and
Payment, Assessing Authority, Books of Accounts, Returns, Notice, Self Assessment,
Best of Judgement Assessment, Turnover, Exemption, Deduction, Taxable Turnover,
Escapement, Search and Seizure, Security Deposit, Adjudication, Penalty, Refund,
Compounding, Settlement etc.
II. Fundamentals of Goods and Service Tax: Concept of Value Added Tax (VAT) -
Features of VAT : Avoidance of Cascading Effect, Input Tax, Out Put Tax etc. - GST
as a Means Implementation of VAT Concept - GST vis-a-vis Earlier Taxing System -
GST and its Impact on Division of Taxing Powers - Constitutional Changes :
Analysis of Major Changes - GST Council : Composition, Powers and Functions –
Legislative Powers vis-a-vis Recommendatory Powers of GST Council
III. Implementation of GST: Statutory Instruments : IGST Act, CGST Act, State GST
Act, UTGST Act, GST (Compensation to States) Act – IGST : Relevance, Important
Features, Levy & Collection, Inter-State and Intra-State Supply, Place of Supply,
Zero Rated Supply, Apportionment of Tax and Settlement of Funds - CGST : Levy
and Collection, Time and Value of Supply, Registration, Other Relevant Provisions
IV. Taxation of Income: Constitutional Provisions - Taxing Powers of Union and State
with respect to Tax on Income - Income Tax Act : Residence and Source,
Classification and Tax Incidence, Heads of Income, Total Income, Tax Planning,
Double Taxation Avoidance
V. Procedural Aspects: Filing of Returns - Assessment Proceedings - Appellate
Remedies - Hierarchy of Appellate Forums - Imposition of Penalty, Offences,
Prosecution etc. - Advance Rulings - Recovery of Arrears of Tax and Remedies

40. Land Laws (Choice Based Elective – 2) – 4 Credits

I. Property-Immovable property- Land as immovable property –Real property- Land –

Right to property- Ingredients- Proprietary rights- Constitutional Scheme- Scope
and Extent- Limitations – Art 19(1) (f), Art 31A,B,C, and Art 300A.
II. State as owner of property- Ultimate power to acquire property- Doctrine of
Eminent Domain- Land Acquisition Act 1894 – Features- Procedure for Acquisition-
Powers of the Government- Rights of the owner-Principles for fixation of
compensation- Authorities under the Act- Criticisms – Kerala Land Acquisition Act,
1961-Right to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013- Rights of the Displaced- Power of the
state to assign Land.
III. Right to Landed Property and Social Justice-Art 39 (a) – Rights of the Tiller
vis a vis the Land Lord – Origin and Development of Land Reform Legislations-
39
 Kerala Land Reforms Act 1963 – Tenancy- Fixity of Tenure- Rights of the Tenant- -
Land Ceiling- Need – Power of Government to purchase rights of Land Lord-
Vesting of Excess Lands in Government- Authorities under the Act –Relevance in
the present age- Restrictions on alienation of property of Scheduled Tribes.
IV. Right to property and Forest Areas- - Colonial Approach-Change in the Post
Independent Era – Need for Conservation of Forest areas- Restrictions on the use-
Law on Ecologically Fragile Lands- Kerala Forest Act- Use of Forest produces and
Conservation of Forest produces-Laws for protecting Forest and Wild life-
Protection of Rights of the Indigenous people – Rights of forest dwellers.
V. Use of Land as property and public interest- Social, Economic, Environmental and
Agricultural Issues- Need for Restrictions- Conservation of Land –Paddy Land-
Development of Land- Right to Buildings as Immovable Property – Rights of the
Tenant- Transfer of Property Act 1882- Kerala Building Lease and Rent Control
Act, 1965.

Readings:

1. Gangadharan on Laws on Land in Kerala (A.G. Publications) (2012)

2. Kevin Gray and Susan Francis Gray,Elements of Land Law( 5th ed.,2009)
3. P.K. Sarkar, Law of Acquisition of Land in India (2nd ed., 2007)
4. V. G. Ramachandran’s Law of land Acqusition and Compensation (EBC) (2000)
5. Gary Chartier, Economic Justice and Natural Law (Cambridge University Press)
(2009)
6. N. Sugathan, Law of Land Reforms in Kerala(Kerala Law Books) (1995)
7. George Johnson, Law of Land Reforms in Kerala (Em Tee En Publications)
8. George Johnson, Laws on Land in Kerala(Em Tee En Publications)
9. T. D. Mudaliar, Property- A Constitutional Right(Swarup & Sons) ((1988)
10. M. Karunakaran Nambiar, A Complete Reference on Kerala Rent Control Law
(Navin Publications) (2002)
11. V. N. Shukla, Constitution of India (2012)
12. V. D. Mahajan, Jurisprudence and Legal Theory (Eastern Book Co.)(2010)

Statutes:

Land Acquisition Act 1894- Kerala Land Acquisition Act 1961 – Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement
Act, 2013- Kerala Govt. Land Assignment Act,1960 and Rules- The Kerala
Government Land Assignment (Amendment) Act, 2012- Kerala Land Reforms Act
1963- Kerala Land Reforms Amendment Act, 2013- The Kerala Scheduled Tribes
Restriction on Transfer of Lands and Restoration of Alienated Lands) Act ,1975- Kerala
Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999-
Indian Forests Act 1927- Kerala Forest Act 1961- Kerala Forest (Amendment) Act
2010- Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act,
2003 and Rules – Wild Life Protection Act 1972- Wild Life (Protection) Amendment
Act, 2002- Kerala Land Conservancy Act,1957 and Rules- The Kerala Land
Conservancy (Amendment) Act, 2009- Kerala Conservation of Paddy Land and
Wetland Act,2008 – Kerala Conservation of Paddy Land and Wetland (Amendment
)Act, 2011- Kerala Land Development Act 1964- Kerala Land Utilization Order 1967-
Transfer of Property Act 1882- Kerala Building Lease and Rent Control Act, 1965- The
Kerala Buildings(Lease, Standard Rent and other facilities) Bill, 2012.

40
41. Fisheries Law (Choice Based Elective – 3) – 4 Credits

I. Overview of Global Fisheries and Key Actors – Historical Evolution of

International fisheries Law – Legal Framework for Fisheries under the 1982
United Nations Convention on the Law of the Sea. (UNCLOS) – Fisheries
Enforcement Framework under the UNCLOS – Post UNCLOS Development –
United Nations Agreement on Straddling and Highly Migratory Fish Stocks (UN
Fish Stocks Agreement) – Law of Regional Fisheries Management
Organisations.
II. Role of the United Nations Food and Agricultural Organisation in Fisheries
Management and Law – FAO Committee on Fisheries (COFI) –Code of Conduct
on Responsible Fisheries (CCRF); FAO Compliance Agreement and Its
Relevance for Fisheries Conservation and Management – Illegal, Unreported and
Unregulated (IUU) Fishing and its Implications for the Fisheries sector – Legal
Developments in Combating Illegal, Unreported and Unregulated (IUU) Fishing
–-Special Case Study of The European Union Regulation on IUU Fishing and its
Impact on Developing Countries.
III. Environmental Law and Fisheries: UNCED and the Conservation of High Seas
Living Resources – Sustainable Development and the Fisheries Regime –
Rio+20 and Fisheries – Protection of Endangered Marine Species and Marine
Protected Areas – Conservation of Migratory Species of Fishes – Coastal
Regulation Zone Notification and its Implications for the Fisheries
Sector;Conservation of Marine Biodiversity: Evolution of the Law on Marine
Biodiversity, Agenda 21, The Convention on Biological Diversity(CBD),
Relationship between UNCLOS and CBD, Jakarta Mandate on Marine and
Coastal Biodiversity, The Biological Diversity Act (India) and Conservation of
Marine and Coastal Biodiversity, Invasive Species and their Implications for
fisheries – Biosecurity Law with Special reference to Fisheries sector
IV. Fisheries and the Multilateral Trading System: Anoverview of WTO Agreements
Having Implications for Fisheries Sector: Subsidies in the Fisheries Sector –
Negotiation of Rules for Specifically Disciplining Fisheries Subsidies –
Institutional Framework for Promotion of Fisheries Trade in India – Legal
Framework governing Import and Export of Fish in India – The Role of Marine
Products Export Development Authority (MPEDA) & Export Inspection Agency
& Quarantine Departments.
V. Overview of Indian Fisheries Sector and Key Actors – Constitutional Scheme
regarding Fisheries in India – Implications of the 1976 Maritime Zones Act for
Indian Fisheries Sector – Scheme governing conservation, management,
exploration and exploitation of living resources in the Indian Exclusive
Economic Zone – Guidelines for Fishing Operations in Indian Exclusive
Economic Zone; Regulation of Fishing by Foreign Fishing Vessels in Indian
Maritime Zones – Legal Framework Governing Coastal Aquaculture in India;
Overview of Fisheries Sector in Kerala and Key Actors – Marine Fishing –
Regulation of Fishing by Fishing Vessels in the Sea along the Coastline of
Kerala State – Power of Government to Regulate, restrict or Prohibit Certain
Matters in Specified Areas of Territorial Waters, Licensing of Fishing Vessels,
Registration of Fishing Vessels, Role of Appellate Board under KMFRA –
Seasonal Fishing Ban (SFB) as a Tool of Fisheries Management – Views of
Various Expert Committees on SFB – Implementation of SFB in Kerala –
Monitoring and Enforcement Mechanisms under Kerala Marine Fishing
41
 Regulation Act – Inland Fisheries – The Pre-2010 Legal Framework Governing
Inland Fisheries in Kerala – Post-2010 Scenario – Kerala Inland Fisheries and
Aquaculture Act, 2010 – Registration and Licensing Regime under the 2010 Act
– Restrictions on Aquaculture Activities – Protected Fish Sanctuaries – Role of
Fisheries Management Advisory Committees – Monitoring and Enforcement
Mechanism under the Kerala Inland Fisheries and Aquaculture Act – Legal
Framework for Ensuring Security of Life and Livelihood of Traditional
fishermen in Kerala – Legal Framework for Promoting Welfare of Fishermen in
Kerala – Legal Framework Relating to Fish Seeds.

Readings:

1. James Harrison, Making the Law of the Sea – A Study in the Development of
International Law, Cambridge University Press (2011).
2. F. Orrego Vicuna, The Changing International Law of High Seas Fisheries,
Cambridge University Press (1999).
3. E. Hey (Ed.), Developments in International Fisheries Law, Kluwer Law
International (1999).
4. Marion Markowski, The International Law of EEZ Fisheries: Principles and
Implementation, Europa Law Publishers, Netherlands (2010).
5. Tore Henriksen, Geir Hønneland and Are Sydnes, Law and Politics in Ocean
Governance: The UN Fish Stocks Agreement and Regional Fisheries Management
Regimes, Martinus Nijhoff (2006).
6. Margaret A. Young, Trading Fish, Saving Fish – The Interaction Between Regimes
in International Law, Cambridge University Press ( 2011).
7. Patricia Birnie, Alan Boyle & Catherine Redgwell, International Law and the
Environment, Oxford University Press (3rd Edn.)
8. Margaret A. Young, ‘Protecting Endangered Marine Species: Collaboration Between
the Food and Agriculture Organisation and the CITES Regime”, 11 Melbourne
Journal of International Law 441 (2010).
9. Benedict P. Satia, “Role of the FAO Code of Conduct for Responsible Fisheries in
Promoting Social and Economic Sustainable Development in Fisheries”,
International Fisheries Law and Policy Review – Special Issue (2005), p.33.
10. Christopher C Joyner, “Biodiversity in the Marine Environment: Resource
Implications for the Law of the Sea” (1995) 28 Vanderbilt Journal of Transnational
Law 635.
11. Jacob Joseph, Select Legal and Policy Instruments on Marine Fisheries
Conservation and Management, Centre for Law and Agriculture, NUALS (2013)
12. Relevant treaties, statutes and case law.

42. Comparative Constitutional Law (Specialisation – 1) – 4 Credits

I. Concept and Status of Constitution– Scope and Meaning – Constitution as a

Limitation on Arbitrariness of Authorities in Federal, Unitary, Socialist States–
Sovereignty of the People – Role in the Administration of State – Comparative
Constitution – Meaning and Significance
II. Constituent Power – Meaning and Extent – Relationship with Legislative,
Executive and Judicial Powers –Limitation on Constitutional Institutions and –
Constitutionialism – Changing Concept – Constitutional Law and International
Law
III. Constitutional Concepts – State – its organs – legislative, executive and judicial
powers – Rule of Law – Separation of Powers and Independence of Judiciary –
42
 Role and Function of Judiciary- Privileges and Prerogatives vis-à-vis Rights of
People – Regulation of Parliamentary and Presidential Forms of Governments
IV. Judicial Review – Scope and Extent in Parliamentary and Presidential
Governments– legislative, administrative Action – Judicial Review of
Constitutional Process –Operation of Precedent –binding nature
V. Constitution and Democratic Process – Role of Citizens – Constitutional Rights –
Civil and Political Rights and Socio-Economic Rights – Balancing of Equality
and Liberty – Meaning and Scope – Rights of Minorities – Disadvantaged Group
– Right to Constitutional Remedies – Impact of Human Rights

Readings:

1. DD Basu, Commentaries on the Constitution of India

2. B.P. Banerjee & B.M. Gandhi (ed.) D.D. Basu, Comparative Constitutional Law
3. Walter Bagehot, The English Constitution
4. Bell John, French Constitutional Law
5. Barendt Eric, An Introduction to Constitutional Law

43. Laws of Insurance (Specialisation – 1) – 4 Credits

I. Introduction to the concept of Insurance-Meaning of Insurance –Historical Aspects

and emergence of Insurance-Risk Management – Perils – Nature – Risk Analysis –
Planning – Control – Mechanism for Transfer of risk; Insurance and Reinsurance;
Nature of and terms of the contract of insurance –Classifications of various types of
insurance – Insurable Interest and its characteristics- Indemnity – Proximate Cause –
Subrogation and Contribution – Non-disclosure, misrepresentation and contract
Uberrimae fidae; Differentiation Insurance and Guarantee – Insurance and Wager –
Disclosure – Moral Hazards – Rating in Insurance as well computation of premium-
basic tenets

II. Nature of Insurance Contract – Features of Insurance Contract – Types of Insurance

–Insurance Policy- basic concepts; Commencement, duration, terms, conditions and
exceptions to policy-Effect of breach of conditions of policy-Assignment, lapse and
renewal of policy –Concept of Intermediaries – Market Players and their Roles –
Agents, Brokers, Surveyors & Loss Assessors, Third Party Administrators

III. General Insurance –Application of Principles in General Insurance Contracts –

Structure of the Policy – Insurance –Documentation – Underwriting and Rating –
Disclosure – Terms and Conditions-Claims Procedures – Underinsurance –
Condition of Average – Recovery – Salvage.- Main types of General Insurance; Fire
Insurance –Special features- Nature, scope of fire insurance –Terms and conditions
of the policy –Extent of Liability; Marine Insurance – Special features – Nature,
scope of Marine insurance –Terms and conditions of the policy –Extent of Liability

IV. Life Insurance –Unique features – Nature and scope of Life Insurance –Essential
concepts of formation of policy of Life Insurance- Proposals, Policy and
documentation –Insurable Interests- rating and valuation –Title to policy- Role and
Function of Life Insurance Companies-Tax law implications –Concept of Trusts in
Life; Accident and Motor Insurance –Special features – Nature, scope of insurance –
Motor Accidents Claims Tribunal –Process and procedure followed in the tribunal

43
V. Regulation of Insurance Sector –Public-private Concerns- Control by State Agencies
– Life Insurance Corporation Act, 1956 – Functions and powers of the Corporation –
General Insurance Corporation- powers and functions – Insurance Regulatory and
Development Act- History and formation; Powers and Functions of IRDA- Relevant
Regulations and Guidelines issued by IRDA; Insurance Act-significance and
relevant provisions; Other Relevant Legislation- Employees State Insurance Act –
Consumer Protection, Tribunals, Insurance Ombudsmen, Arbitration Rural and
Social Sector obligations, Micro Insurance, Financial inclusion
Readings:

1. M N Srinivasan, Principles Of Insurance Law (8th ed. 2006, Wadhwa and Co.)
2. McGEE, The Modern Law Of Insurance (Lexis Nexis 2nd ed. 2011).
3. K S Murthy and Dr. K V S Sharma, Modern Law Of Insurance (4th ed. Butterworths)
4. Robert H. Jerry II and Douglas S. Richmond, Understanding Insurance Law
(LexisNexis 5th ed. 2012)
5. Taxmann, Insurance Manual (Taxmann Publication Private Limited)
6. Bharat Manual Of Insurance Laws (Bharat Publication Private limited)
7. Avtar Singh, Law Of Insurance (2nd ed. Eastern Book Company)
8. Rajiv Jain, Insurance Law and Practice (Vidhi Publication Private Limited)
9. George E. Rejda and Michael McNamara, Principles Of Risk Management And
Insurance (Prentice Hall, 12th ed. 2013).

44. Criminology, Penology & Criminal Justice Administration (Specialisation - 1)-

4 Credits

I. Explanation of Crime and its causation- Schools of Criminology and different

approaches to Criminology- Differential association- Individualistic approach
II. Objectives of punishment- Prevention of crime- The Police- Punitive Approach-The
Prisons; Therapeutic approach- Probation and other flexible techniques-Juvenile
justice- Problems and issues
III. Legal approaches- accusatorial and inquisitorial systems and procedural laws-
Sentencing process and policies
IV. White collar crimes, organised crimes, sexual offences, alcoholism and drug abuse,
violence in crimes- Terrorism
V. Victims of crimes- Compensation- Emerging trends and policies- State compensation
programmes

Readings:

1. Sutherland and Cressey, The Principles of Criminology

2. Ahmed Siddique, (revised by S.M.A. Quadri), Criminology
3. Paul W. Tappan, Crime, Justice and Correction
4. J.L.Gillin, Criminology and Penology

45. Law Relating to Women & Children (Specialisation -2) - 4 Credits

I. Women and Children - Status in Society - Discrimination and Protective

Discrimination- Rights and Protection under the Constitution of India- Human

44
 Rights of Women and Children - International Instruments and Commitments-
Mechanisms for Protection in India- Remedial Measures.

II. Offences and Atrocities Against Women and Children- Female Foeticide and
Infanticide-Child Labour- Anti Begging and Trafficking- Social Evils- Child
Marriage- Sati- Dowry - Domestic Violence - Sexual Offence and Exploitation-Child
Sexual Abuse - Legislative Measures and Protective Mechanisms.

III. Personal Laws and Women -Unequal position of women – Personal laws and
Directive principles of State Policy-Uniform Civil Code towards Gender Justice

IV. Women and Welfare Legislations -Pre-conception and Pre-natal Diagnostic

Techniques (Prohibition of Sex Selection)Act, 1994 -Indecent Representation of
Women (Prohibition) Act,1986 - Domestic Workers Welfare and Social Security
Act, 2010-Immoral Traffic (Prevention) Act, 1987 -Family Courts Act, 1984-
Maternity Benefit Act 1961- Domestic Workers Welfare and Social Security Act,
2010- Sexual Harassment of Women at Workplace Prevention, Prohibition and
Redressal Act, 2013.

V. Role of Indian Judiciary- Protection and Enforcement of Basic Human Rights-

Gender Sensitization and Judiciary.

Readings:

1. Mamta Rao, Law Relating to Women and Children (Eastern Book Company) (3rd
ed., 2012)
2. Lalita Dhar Parihar, Women and Law (Eastern Book Company, 2011)
3. S.C. Tripathi and Vibha Arora, Law relating to Women and Children (Central Law
Publication, 2006)
4. D.K. Tiwari & Mahmood Zaidi, Commentaries on Family Courts Act, 1984
(Allahabad Law Agency, 1997)
5. B.N. Chattoraj, Crime against Women: A Search for Peaceful Solution( 2007)
6. Nomita Agarwal, Women and Law( New Century Publishing House, 2005)
7. Manjula Batra, Women and Law & Law Relating to Children in India (Allahabad
Law Agency, 2001)
8. S.P.Sathe, Towards Gender Justice (Research Centre for Women's Studies, S.N.D.T.
Women's University, 1993)

46. Securities Law (Specialisation - 2) – 4 Credits

I. Indian Financial System-An Overview - Constituents of financial system- capital and

money market- financial institutions and intermediaries- financial services - financial
products; growth and development of Indian capital market; regulatory authorities
governing Indian capital market - Investment in non-banking financial institutions -
Regulation on non-banking financial and non-financial companies - Private-financial
companies: registration and regulation
II. Meaning of securities - kind of securities - government securities securities issued by
banks - corporate securities - mutual funds collective investment units - IDR, ADR and
GDR. Bonds issued by government and public institutions - dematerialized securities -
Role of RBI, Governments loan from public - external borrowing, IMF & World Bank,
45
ADB - Treasury receipts; Securities and Exchange Board of India - Objectives; Powers
and Functions; Penalties and Adjudications; Securities Appellate Tribunal - Public issue
of shares, IPO - controls by SEBI
III. Capital Market Intermediaries and Regulations - Corporate securities, shares and
debentures - control over securities - protecting investors - SEBI guidelines - Disclosure
regulations - Merchant Bankers; Registrars to the Issue; Underwriters; Bankers to Issue;
Debenture Trustees; Stock Brokers and Sub Brokers; Portfolio Managers; Custodians of
Securities; Credit Rating Institutions.
IV. Issue of Securities and SEBI(DIP) Guidelines - Public Issue of Equity Shares-Book
Building- Green Shoe Option; Issue of Debentures; Rights Issue; Bonus Issue;
Qualified Institutional Placement; Employees Stock Option; ADR/GDR; FCCB; IDR;
Stock Exchanges and Regulatory Framework - Demutualisation of Stock Exchanges;
Listing Agreement; Trading and Settlement System; Central Listing Authority;
Depository System - control over corporate securities by stock exchanges
V. Collective Investment Vehicles and Regulations - Mutual Funds; Venture Capital;
Collective Investment Schemes - Rating control - Regulations Governing Buy-Back of
Securities; Delisting of Securities and Mergers and Acquisitions.

Readings:

1. SEBI Manual: Taxman

2. Indian Financial System:M.Y Khan; Tata McGraw Hill, New Delhi.
3. Financial Services and Markets: Dr. S. Gurusamy; Thomson, Vijay Nicole Imprints
Pvt. Ltd, Chennai.
4. Investment Management: V.K. Bhalla; S. Chand& Co. Ltd
5. Investment Analysis and Portfolio Management: Prasanna Chandra; Tata McGraw
Hill, New Delhi
6. Vinod Kothari, Securitisation: The Financial Instrument of the New Millennium.

47. Medical Jurisprudence (Specialisation - 2) – 4 Credits

I. Introduction - Medical Jurisprudence – meaning and scope - Medical certification and

medico-legal reports - Summoning of doctor as witness - Inquest - Inquest by police,
magistrate - Identification: Definition- Identification of unknown person, dead bodies
and remains of a person.
II. Exhumation - Medico-legal autopsies - Definitions of medico-legal and
clinical/pathological autopsies - Objectives, procedures, formalities of medico-
legal autopsies - Preservation of articles of importance, during autopsy - Preservation
of body fluids & viscera in suspected poisoning.
III. Injuries or wounds:Mechanical injuries- Definition, classification of mechanical
injuries; description of blunt force,sharp force and firearm injuries - Medico-legal
aspects of injuries, differences between ante-mortem andpost-mortem injuries,
estimation of age of different types of injuries, defense injuries, hesitation cuts;
fabricated injuries; simple and grievous hurt, suicidal/accidental/homicidal injuries;
causes of death by mechanical injuries; Regional injuries - Injuries to Head, Neck,
Thorax, Abdomen, Pelvis, Genitalia,Vertebral column and Bones; Injuries due to
physical agents and their medico-legal importance; cold, heat,electricity and
lightning, explosions and radioactive substances.
IV. Death - Definition, types; somatic, cellular and brain-death; Sudden natural and
unnatural deaths; Suspended animation; Changes after death- Immediate changes,
46
 cooling of body, lividity, rigor mortis, cadaveric spasm, cold stiffening and heat
stiffening; Putrefaction, mummification, adipocere and maceration; Postmortem
artifacts; Asphyxial deaths - Definition, causes, types, post-mortem appearances
andmedico-legal significance of hanging, strangulation, suffocation and drowning;
Infant and childhood deaths; Viability, determination of age of foetus, live birth, still
birth and dead born child, sudden infant death syndrome, infanticide, child abuse,
medico-legal aspects of precipitate labour; Poisoning - Types of poisons,
classification based on sources, death by poisoning – symptoms.
V. Sexual Offences - Virginity, rape, unnatural sexual offences; sexual perversions;
Pregnancy and delivery; Medical confirmation of pregnancy, symptoms, death on
delivery, medical negligence; Abortion - Existing legal regulations, Criminal
abortion; Biological fluids; Blood-Preservation, dispatch of samples, importance of
blood group indisputed paternity, hazards of blood transfusion; Seminal stains-
Preservation and dispatch of samples; Organ transplantation - Existing legal
regulations, requirements, medical condition

Readings:

1. Lyons- Medical Jurisprudence and Toxicology, Delhi Law House.

2. Modis- Medical Jurisprudence and Toxicology, Lexis Nexis- Butterworth
3. NanditaAdhikari – Law and Medicine
4. R.M. Jhala& K. Kumar (rev), Jhala&Raju’sMedical Jurisprudence,
5. Parikh C.K.,Text Book of Medical Jurisprudence, Forensic Medicine and Toxicology
6. Knight’s Forensic Pathology, Edited by PekkaSaukko andBernardKnight, Arnold
Publication, London
7. R. Basu, Fundamentals of Forensic Medicine and Toxicology, PublishersBooksand
Allied (P) Ltd, Kolkata.
8. Taylor – Medical Jurisprudence
9. Cox, Medical Jurisprudence & Toxicology

48. Democracy & Laws of Election (Specialisation - 3) – 4 Credits

I. History of elections in India - Role of elections in democratic process-Different

systems of representation of people-Electoral system under the Constitution –

II. Process of election - Laws relating to elections to the offices of the President and
Vice President in India - Powers and functions of Election Commission- Model
code of conduct, Role of political parties in Indian electoral system-Anti-
Defection law

III. Measures to reduce the influence of money power- Special provisions relating to
SC/ST and Anglo Indians, Reservation of seats to minorities, backward classes
and women.

IV. Election disputes - Prevention of the communalisation and criminalisation –

voters’ right to know- exit polls and opinion polls.

V. Role of law in preventing bribery and undue influence- Prevention of misuse of

Governmental powers

47
Readings:

1. L.P Singh, Electoral Reforms (Uppal Publishing House) (1st ed. 1986)
2. Chawla, Electoral Law and Practice (Bahri Brothers) (7th ed. 1999)
3. Robert Blackburn, Electoral System in Britain (Macmillan) (2nd ed. 1996)
4. Subhash Kashyap, Anti-Defection Law and Parliamentary Privileges (Universal Law
Publishing Co. ) (2nd ed. 2003)
5. K.C Sunny, Corrupt Practices in Elections (Eastern Book Company) (2nd ed. 2000)
6. V S Rama Devi and S K Mendiratta How India Votes (Election laws, practice and
procedure) (LexisNexis) (3rd ed. 2013)
7. V Venkatesan Constitutional Conundrums: Challenges to India's Democratic
Process (LexisNexis) (1st ed.2014)
8. R.N.Choudhry Election Laws and Practice in India (Orient Law House) (4th
ed.2014)

49. Competition Law (Specialisation - 3) – 4 Credits

I. Introduction to the concept of market, demand and supply, elasticity, price, risk and
profit - Relevant market – product and geographic dimensions -Concepts of industry,
sector etc.; The philosophy of competition law – goal and concept - Applicability of
the Competition Act, 2002; Definition and meaning of agreement, enterprise,
activity, consumer, person, service, merger, amalgamation, acquisition etc.-
Definition of Restraint of Trade under Indian Contract Act-Monopolistic and
Restrictive Trade Practices -Comparison between the Competition Act and
Monopolies and Restrictive Trade Practices (MRTP) Act, 1969-Raghavan
Committee Report- Amendments; The Act vis-à-vis the Consumer Protection Act,
1986- other regimes- other sectoral regulators - The Competition Act and
Administrative law -The Act and Intellectual Property Rights -Advertisement and
Competition law
II. Competition Law – USA-Anti-trust - origin and objective of Anti-trust law -
Philosophical origin-Historical background- Objectives of Anti-trust Law- The
Statutes -The Sherman Anti-trust Act, 1890 - Federal Trade Commission Act, 1914 -
The Clayton Act, 1914-International Anti-trust Enforcement- US Enforcement -
Competition Law – European Union - Treaty on functions of European Union
(TFEU) Art. 101 Cartels or control of collusion and other anti-competitive practices -
Art. 102 TFEU Monopolies -preventing the abuse of forms dominant market -
Concentration of Economic power -Statutes: The Competition

III. Anti-competitive agreements -Cartels-Proving a cartel – circumstantial and direct

evidence - Defenses to alleged cartelization -Trade associations -Limiting production
-Sharing the market - Bid-rigging-Tie-in arrangement -Exclusive supply agreement -
Exclusive distribution agreement - Refusal to deal -Resale price maintenance -Block
exemptions - Defining dominance and market power-Horizontal and Vertical
Agreement -Dominant Position-Abuse of Dominant Position -Regulation of
Combinations viz. Mergers and Acquisitions -Value of Assets and Turnover -
Predatory pricing- the concept of ‘below cost’-Other prohibited practices with
examples -Protection of consumers

IV. Competition Commission of India- Structure and function of CCI -Regulatory role
of CCI - The trigger points of review by Competition Commission of India -
Extraterritorial implications of the competition regime -Extraterritoriality of the

48
 Competition Act -Export cartels-Private enforcement abroad -WTO and Competition
regime

V. Competition law and its enforcement -Initiating proceedings under the Act-Inquiry
and investigation-given violation is proven, orders that can be passed by CCI -
Temporary Orders; Penalty – need for fining regulations -Leniency program -
Competition Appellate Tribunal-Composition, Functions, Powers and Procedure -
Mode of recovery of penalty -Appeal provisions- appealable orders –Competition
policy- Competition regime -Competition law and due diligence -Competition
Advocacy.

Readings:

1. Aggarwal, V.K, Consumer Protection: Law and Practice(Bharat Law House, 5th ed.
2003)
2. Dugar, S. M., Commentary on the MRTP Law, Competition Law and Consumer
Protection Law (LexisNexis, 2010)
3. Ramappa, T, Competition Law in India: Policy, Issues and Development (Oxford
University Press, 2013)
4. Suzan Rab, Indian Competition Law- An International Perspective (Wolters Kluwer,
2012)
5. D.P. Mittal, Taxmann’s Competition Law and Practice (Taxmann Publications,
2011)
6. K.S. Anantaraman, Lectures on Company Law and MRTP (Lexisnexis, 11th ed. 2013)
7. Viswanathan, Suresh T, Law and Practice of Competition Act, 2002 (Bharat Law
House, 2003)
8. Talati, Adi P. and Mahala, Nahar S., Competition Act, 2002: Law, Practice and
Procedure (Commercial Law Publisher)
9. Justice D.P. Wadhara, N.L Rajesh, The Law of Consumer Protection (Butterworth,
2nd Ed. 2009).
10. John H. Shenefield and Irwin M. Stelzer, The Antitrust Laws: A Primer (AEI
Press, 4th ed. 2001)
11. Eleanor M. Fox, “US and EU Competition Law: A Comparison”, in Global
Competition Policy 339, 340 (Edward M. Graham & J. David Richardson eds., 1997)
12. Dr. R.K.Singh, Restrictive Trade Practice and Public Interest (Mittal
Publication, 1989)
Acts and Statutes (As Amended)
The Sherman Antitrust Act, 1890; The Clayton Antitrust Act, 1914; The Monopolies
and Restrictive Trade Practices Act, 1969; The Competition Act, 2002; The Reports of
Competition Commission of India; Report of the Monopolies Inquiries Commission,
Govt. of India 1965 (Dr. Hazari Report); Sachar Committee Report, High Powered
Committee on MRTP Act & Company Act, 1980

50. Human Rights Law - 4 Credits

I The concept of Human Rights – Kinds and Sources of Human Rights - Evolution of the
Concept of Human Rights - New Attitude to the concept of Human Rights-20th Century
- Theories of Human Rights Historical development of Human Rights in India.

II First World War, Its Consequences and Human Rights - Role of League of Nations -
Second World War Its impact on Peace and Culture of Human Rights - Role of United
49
 Organization on Human Rights - United Nations Charter - Role of UN Specialized
Agencies.

III Universal Declaration of Human Rights, 1948 - The International Covenant on Civil and
Political Rights, 1966 - The International Covenant on Economic, Social and Cultural
Rights, 1966 – optional protocols – Generations of human rights - methods of
implementation – role of non state actors.

IV Implementation at Regional and National Levels – American, African, European, Arab

and Asian arrangements – role of NGOs - Safeguarding Human Rights in India –
Constitution of India - Protection of Human Rights Act 1993, National & State Human
Rights Commissions, Protection of Civil Rights Act, 1955, Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013, etc.

V Protection of Human Rights of vulnerable groups - women – children – elderly- disabled

– indigenous – minority – refugees.

Readings:

1. K. L. Joshi, International Law & Human Rights, Eastern Book Company.

2. Dr. V. K. Anand, Human Rights, Allahabad Law Publication.
3. Dr. H. O. Agarwal – Human Rights, Central Law Publication.
4. Human Rights & Humanitarian Law, Developments in India & Int. Law, South
AsiaHuman Rights documentation centre (Oxford)
5. Dr. U. Chandra Human Rights All Law Agency. 31
6. Paras Diwan, Human Rights & the law, Universal & India, Deep &
DeepPublications.
7. S. K. Kapoor, International Law & Human Rights (Nutshell) 15th Ed.
8. Ian Brownlie, Basic Documents in International Law, EBC, (2003)
9. Steiner, International Human Rights in Context, OUP, (2006)

51. Society, Science & Law - 4 Credits

I. Definition of the concept of technology - Different models of technological

developments - science and religion - Ethical Principles and their relevance in the
assessment of the impact of science on society - Introduction to bio-ethics and bio-
ethical concepts – Principles of Sanctity of Human Life, Human Dignity, Autonomy,
Beneficence, Informed Consent etc - Concept of Life & Death – Property Rights in
Human Biological Materials –Right to development – Its implications for society,
science and law.

II. Abortion, Euthanasia, Organ Transplantation, Assisted Reproductive

Technologies (ART), Cloning and Stem Cell Research – Ethical and religious issues
– Conceptual challenges - Socio-legal implications - Response of Legal Regimes

III. Emerging Technologies - Genetic/Nanotechnology/Nuclear technology/Artificial

Intelligence/Internet of Things – Challenges, implications and responses.

50
IV. Promotion of research and development in science and technology – Role of law and
society; Transfer of technology – socio-legal implications – Regulation of scientific
experiments – Regulation of bio-medical research on human beings – Regulation of
experiments on animals.

V. Use of technology in legislative process – international and national dimensions; Use

of technology in judicial process – Use of technology in alternative dispute
resolution mechanism – challenges faced by the judicial system in the context of
complex technological issues – Use of technology in legal education

Readings:

1. Brian Cain, Legal Aspects of Gene Technology (Thomson Sweet and Maxwell,
2002)
2. David W. Meyers, The Human body and the Law: A Medico-Legal Study (Stanford
University Press, 2006)
3. Kenyon Mason and Graeme Laurie (Ed) Mason and Macall Smith’s Law &
Medicine Ethics (Butterworths, London, 2013)
4. Alexander Battler and Jonathan Leor (Eds.) Stem Cells and Gene-based Therapy:
Frontiers In Regenerative Medicine (2006).
5. George Brig. M.A.,Hospitals& The Law (Universal Law Publications, 2013)
6. Dr. Lily Srivastava, Law and Medicine (Universal Law Publications, 2013)
7. Dr. Abdul Majid Siraj, Laws and the Doctors (Universal Law Publications, 2014)
8. Bansal Ritika, Euthanasia - Appeal & Plea for Mercy Killing (Universal Law
Publications, 2013).

52. Interpretation of Statutes - 4 Credits

I. Meaning of legislation – statutes – kinds of statutes – Parts of Statutes –

Commencement of Statutes – Repeal of Statutes – Revival of Statutes –
Interpretation of Statutes – meaning – difference from Construction - Rules and
Policies of Interpretation of Statutes – Basic Rules of Interpretation of Statutes –
literal – golden and mischief rules
II. Internal and external aids to construction – Use of travaux preparatories –
parliamentary discussion – parliamentary history – public opinion – Policies of
Statutory construction-Beneficial construction-Liberal construction-Restrictive
Construction - Construction to prevent abuse and evasion-Equitable construction -
Bonam partem
III. Construction of general words and technical words – construction of words and
phrases - ejusdem generis – noscitur a sociis- expression unius exclusion alterius-
reddendo singular singulis - Interpretation of statutes on the basis of nature – penal
statutes-taxing statutes-mandatory and directory laws-statutes conferring benefits and
imposing obligation- -statutes conferring power – Special Rules of interpretation of
the Constitution
IV. Presumptions of statutory construction – regarding jurisdiction-ouster of jurisdiction
– How far statutes affect the Crown and the Government – Presumptions against
what is inconvenient and unreasonable – Presumption against unjust consequences or
absurdity – Presumption of interpretation of impairing obligations or allowing
advantages from one’s own wrongs – Presumption regarding retrospective operation
of Statutes.
51
 V. Principles of legislation – Utilitarian theory – Pain Pleasure theory -Principles of
Legislative drafting –qualities of a good draftsman

Readings:

1. Maxwell, Interpretation of Statutes

2. Craise on Legislation
3. G.P. Singh, Interpretation of Statutes
4. Vepa Sarathy, Interpretation of Statutes
5. M.N. Rao, Amita Dhanda (ed.), N.S. Bindra’s Interpretation

53. Medical Ethics: Law and Practice (Choice Based Elective – 6) - 4 Credits

I. Public health- concept and evolution, role of state and professional bodies and other
agencies, an overview- right to health- different schools and perspectives – Human Right
approach- international and national scenario, judicial approach – history of doctor-
patient relationship, New trends and challenges – Need for regulation.
II. Principles of Bio-Medical Ethics-Dignity of human being, background and application of
the principle – Bioethics and Medical Ethics – Theories of Medical Ethics, Natural Law,
Consequentialism, Deontology, Virtue theory – Principles of Bio-Medical Ethics,
Autonomy, Beneficence , Non-Maleficence, justice – Application of ethical standards in
India, Code of ethics for medical professionals, Medical, Dental, Homeopathic,
Ayurvedic Ethical Regulations- Changing values of medical ethics – New approaches –
truth – telling and confidentiality, paternalism, informed consent etc, - comparative study
of India, US and UK.
III. Medical care in India – general duties of a doctor – laws relating to medical care,
principles on standard of care, medical negligence, common law, constitutional and
statutory provisions, case study, defences available to medical professionals – Role of
professional bodies – role of ethics committees- Right to strike of doctors and other
medical professionals in public and private sector- Protection of medical information and
privacy – Patients’ Rights and Responsibilities.
IV. Commoditisation of Medical care and Medical Technology – ill effects of medical care
commoditisation, impact on medical ethics, regulation of public and private medical
institutions – Medical technologies affecting life and death, legal and ethical issues of
abortion – legal and ethical aspects of end life decision making, reproductive
technologies, human experimentation, organ transplantation, drug trials.
V. Bio-Medical Research – Conflicting interest – globalisation of medical research,
beneficial interest of participants – genetic technologies, precision medicine, gene
editing, bio banks, stem cell research, cloning – legal and ethical issues, state regulations.

Readings:

1. Jonathan Herrring, Medical Law and Ethics, OUP, 2014

2. David Price, Human Tissue in Transplantation & Research, Cambridge University, 2010
3. Mark Tylor, Genetic Data and the Law,
4. Ritika Bansal, Euthanasia, Universal Law Publishing, 2013
5. Anil Malhotra and Ranjit Malhotra, Surrogacy in India, Universal Law Publishing, 2013
6. John Keown, Euthanasia, Ethics and Public Policy, Cambridge University Publishing,
2005

52
7. Francesco Francioni & Tallio Sacovazzi, Biotechnology and International Law, Hart
Publishing 2006.
8. B. Sandepa Bhatt, Reflections on Medical Law and Ethics in India
9. Y.V Rao, Law Relating to Medical Negligence, Asia Law House
10. Dr Lily Srivastava, Law and Medicine, Universal Law Publishing Co.
11. Dr Nandita Adhikari, Law and Medicine, Central Law Publications
12. Dr Abdul Majid Siraj, Law and The Doctors, Universal Law Publishing Co.
13. K. Kannan, Medicine and Law, Oxford University Press
14. Surendra Malik & Sudeep Malik, Supreme Court on Drugs, Medical Laws and Medical
Negligence, Eastern Book Company
15. Dr B.M Hegde, What Doctors’ Don’t get to study in Medical School.

54. Banking Law (Specialisation – 4) - 4 Credits

I. History and evolution of banking in India – different sectors (Retail, Corporate,

Rural - International) – Kinds of banks (Commercial Banks – Public and Private
Sector – Foreign Banks - Cooperative Banks – Payment Banks) – core banking,
merchant banking and investment banking - comparison with other non-banking
financial intermediaries - Development Banking – Universal Banking – Micro
financing – Rural Credit –chit funds

II. Types of advances and deposits in a bank – lending – Priority lending - credit policy
– SLR & CRR - Promotion of underprivileged classes - Paying Bank -
Collecting Bank – Foreign exchange dealings - Inter bank relationship – international
cooperation among banks and standardization.

III. Government control - Reserve Bank of India as the Central Bank - Monetary
Policy of RBI - Credit control - Exchange control - Money Markets (London, New
York and Indian) - Protection of depositors - Relations between insured banks,
Deposit Insurance Corporation and Reserve Bank of India – amalgamation,
reconstruction and liquidation of banks.

IV. New Dimensions and Products. - Smart Cards, Credit and Debit, e-Banking, mobile
banking - Automation and use of internet – New development in Indian Banking
System; Universalisation and Harmonisation of Banks.

V. Relationship of Banker and Customer – Legal character - Bankers’ lien - Nature and
type of accounts - Special classes of customers – lunatics, minor, partnership,
corporations, local authorities - Banking duty to customers - Consumer protection -
banking as service – Banking ombudsman - Recovery of debts – Limitation – DRT –
SARFAESI - IBC

Readings:

1. Tannans’ Banking Law and Practice in India

2. M. Hapgood (ed.),Pagets’ Law of Banking (1989) Butterworths, London
3. L.C. Goyal, The Law of Banking and Bankers, Eastern Book Company
4. K.P.M. Sundhram, Banking Theory Law and Practice, S.Chand& Co. Ltd., New
Delhi.
5. Read, E. W., Commercial Bank Management, Harper and Row Publishers, New
York;
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6. Varshney, P.N.,Banking Law and Practice, Sultan Chand& Sons, New Delhi.;
7. Seth, Marketing of Banking Services, Macmillan India Ltd., New Delhi.
8. Nigam, B. M. Lal, Banking Law & Practice, Konark, New Delhi.
9. Sayers R.S.Modern Banking
10. VaishM.C.,Modern Banking
11. PanandikarS.G.,Banking in India
12. MaheshwariS.N.,Banking Law and Practice
13. SubbaRao P., Principles and Practice of Bank Management
14. Desai Vasant, Indian Banking
15. MugaliV.M.,Law and Practice of Banking
16. Brandeis, Louis D, Other People's Money and How the Bankers Use It,(1933)
17. Gupta, S. N., Supreme Court on Banking Law (2007)
18. Mehta, Rohinton and Mehta, Rupa, Credit Cards (2001)
19. Umarji, M.R.,Thoughts on Banking Sector Reforms (2008)
20. Sheldon-Practice and Law of Banking
21. Maheswari, SN - Banking Law and Practice
22. Nabagopal Das - Banking and Industrial Finance in India
23. Patent Penington - Law of Banking
24. Cranston, Ross. Principles of Banking Law. New York: Oxford University Press,
1997.
25. Blair, William. Banking and Financial Services Regulation. London: Butterworths,
1998.
26. Hapgood, Mark Q C. Paget’s Law of Banking. 13th ed. New Delhi: LexisNexis
Butterworths, 2007.
27. Ellinger, E. P. Ellinger's Modern Banking Law. New York: Oxford University
Press, 2006.
28. Wadsley and G. A. Penn. The Law Relating to Domestic Banking. 2nd ed.
London: Sweet & Maxwell, 2000.
29. Zacharias, K. D. Legal Aspects of Banking Operations. Delhi: Macmillan, 2005.
30. Gupta, R. K. Banking Law and Practice. Allahabad: Modern Law Publications,
2004.
31. Narasimham Committee report on the Financial System (1991) – Second Report
(1999)
32. K.C. Shekhar, Banking Theory and Practice (1998) UBS Publisher Distributors
Ltd. New Delhi.
33. Basu, A. Review of Current Banking Theory and Practice (1998) Macmillan
34. M. Dassesse, S. Isaacs and G. Pen, E.C. Banking Law, (1994) Lloyds of London
Press, London
35. J.Dermine (ed.), European Banking in the 1990s’ (1993) Blackwell, Oxford.
36. C. Goodhart, The Central Bank and the Financial System (1995); Macmillan,
London
37. S. Chapman, The Rise of Merchant Banking (1984) Allen Unwin, London
38. K. Subrahmanyan, Banking Reforms inIndia (1997) Tata Mcgraw Hill, New Delhi.
39. R.S. Narayana, The Recovery of Debts due to Banks and Financial Institutions Act,
1993(51 of 1993), Asia Law House, Hyderabad.
40. M.A. Mir, The Law Relating to Bank Guarantee in India (1992), Metropolitan
Book, New Delhi.
41. Mitra, TheLaw Relating to Bankers’ Letters of Credit and Allied Laws (1998)
University Book Agency, Allahabad.
42. R.K. Talwar, Report of Working Group on Customer Service in Banks
43. Janakiraman Committee Report on Securities Operation of Banks and Financial
Institution (1993)
44. MukherjeeT.K., Banking Law and Practice (1999), Universal, Delhi.

54
55. Psychological Medicine & Law (Specialisation – 4) 4 Credits

Mental Illness has biological, psychological and sociological dimensions. The term
psychological indicates the psycho-social components and medical indicates the
biological components

I. Introduction to Psychology - Relationship between Psychology, Psychiatry and

Law - Basic concepts of psychology relevant to lawyers; Personality – definition,
description of key concepts; Intelligence – definition, major concepts, intelligence
quotient (IQ), mental retardation; Memory – definition, key concepts, types of
memory, disturbances in memory; Psychological assessment – definition,
rationale, major assessment techniques and tools.

II. Introduction to Psychiatry - Concepts of normality and abnormality - Major

classification of illnesses in psychiatry; Psychopathology – biological,
psychological and sociological; Major signs and symptoms of psychiatric
illnesses.

III. Major psychiatric illnesses (description, clinical features and types) –

Schizophrenia; Delusional Disorder; Mood Disorders; Substance Abuse
Disorders; Personality Disorders, Suicide; Anxiety Disorders; Organic Psychiatry;
Juvenile Delinquency / Conduct Disorders of Childhood.

IV. Forensic Psychiatry - Mental Health Care Act, 2017 – Rights of Persons with
Disabilities Act, 2016 - National Trust Act, 1999;

V. Civil responsibilities of the mentally ill - Relevant Sections of the Indian

Succession Act 1925; Indian Divorce Act; Hindu Marriages Act 1955; Indian
Evidence Act 1872; Transfer of Property Act 1882; Contract Act 1872; Criminal
responsibilities of the mentally ill - Section 84 IPC etc.

56. Maritime Law – (Specialisation – 5)- 4 Credits

I. International law of the sea – Historical Background maritime codes- concepts of

mare liberum &mare clausum - Rhodian code- Period till the United Nations
Conferences on the Law of the Sea - Third United Nations Conference on law of the
sea, 1982 - Developments in law of the sea after UNCLOS III
II. Law relating to Ships - Admiralty and Shipping Practice –International Conventions
– Norms evolved by IMO - Pilotage laws, Registration and Ownership, Collision,
Salvage and Wreck laws, Flags of convenience - Maritime
Lien - General Average, Lay –time, Demurrage etc. Statutes in India
III. Judicial Remedies in Maritime Law- Arrest of Ships- International Conventions
relating to Arrest of sea going vessels - Admiralty Jurisdiction - actions in Rem and
in Personam –Mareva Injunctions – Maritime Arbitration.- Different types of
Maritime claims – Limitation of Liability
IV. Carriage Of Goods By Sea - Charter parties - Rights and Obligations of the Parties
Involved - Bills of lading - Essential attributes of Bill of lading - Basic Obligations of
the Shipper and Carrier under the Contract of affreightment - Bailment-
Seaworthiness – Indian Bills of Lading Act - The Hague Rules, Hague-Visby Rules -

55
 Hamburg Rules. - Indian Carriage of Goods by Sea Act, 1925 - C.I.F. and F.O.B.
Contracts - Contracts for combined transport – Containerization
- Multimodal transportation of Goods Act.
V. Marine Insurance - History and Practice of Underwriting- Principles of Marine
Insurance- Insurable interest- Form and Content of Marine Policies- Nature and
duration of Risk- Marine Risk- Passing of Property and Risk- Actual Total Loss-
Constructive Total Loss – Subrogation - Reinsurance- Insurance Agents – York-
Antwerp Rules- General Average- Protection and Indemnity Practice- P&I Clubs and
Correspondents.

Readings:

1. Carriage of Goods By Sea Carver Vol. 1 & 2.

2. The Law of Territorial Waters and Maritime Jurisdiction, Jessup, Philip C (New
York: G.A. Gennings & Co.)
3. The International Law of the Sea Columbus John (London: Longmans)
4. Maritime Law in India in International Context, (Mumbai: Bhandarkar Publications.)
5. Carriage of Goods By sea Payne and Ivamy
6. CIF & FOB Contracts Sassoon
7. Arrest of vessels Berlingieri
8. Law of Marine Insurance and Average Arnould Vol. 1 & 2.

57. Law and Forensic Science (Specialisation – 5)- 4 Credits

I. Forensic Science – origin and development

II. Importance of Forensic Science in criminal investigation – Finger print – Serology
and Toxicology
III. Scientific examination of documents
IV. Forensic Ballistics – Physical, Chemical and Biological Forensics
V. DNA profiling – Genetic markers – Polygraph – Brain Fingerprint – Cyber forensics

Readings:

1. Wilson R Harrison – Suspect Documents: Their Scientific Examination

2. Gupta – Law and Principles of Forensic Ballistics
3. BR Sharma – Forensic Science
4. Reed Hayes – Forensic Handwriting Examination

58. Disability Law (Specialisation – 6) - 4 Credits

I. Purpose and scope of the study - Definition of disability law – legal, medical and
social definition of disability, Emergence of disability law as a human rights issue,
social inclusion and participation, Evolution of disability law in India

II. Constitutional protections - Equality in the context of disability - Theories of equality

- Equality and non-discrimination under Article 14, 15 and 16 of the
Constitution of India

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III. Disability recognised under different statutes - Right to education - Inclusive
education - segregated or special schools - Reservation of seats in educational
institutions – judicial pronouncements.

IV. Right to access and public services -Equal opportunities in public employment for
persons with disability - Disability and the private sector - Social security measures.

V. The UN Convention on Rights of Persons with Disabilities - International

instruments on rights of persons with disabilities and its impact on Disability Law in
India – concept of rehabilitation.

Readings:

1. Laura Rothstein Ann C. McGinley Disability law: Cases, materials, Problems

(LexisNexis) (5th ed.2010)
2. Mark C. Weber Understanding Disability Law (LexisNexis) (2nd ed.)
3. Jeremy Cooper (Ed.) Law, Rights & Disability (Jessica Kingsley Publishers) (1st ed.
2000)
4. Jayna Kothari The Future of Disability Law in India (Oxford University
Press) (1st ed.2012)
5. Centre / State Acts and Rules on Disability and Mental Health - Mental Health Act,
1987
6. National Narcotics and Psychotropic Substance Abuse Act, 1985
7. National Trust for welfare of persons with Autism, cerebral palsy, Mental retardation
and multiple disabilities act, 1999 - National Trust for welfare of persons with
Autism, cerebral palsy, Mental retardation and multiple disabilities rules, 2000
8. Person with Disabilities (Equal Opportunism, Protection of Rights and Full
Participation) Act, 1995 - Person with Disabilities (Equal Opportunism, Protection of
Rights and Full Participation) Rules, 1996, 1999. 2000
9. Protection of Human Rights Act, 1993
10. Rehabilitation Council of India Act, 1992

59. Law relating to World Trade Organisation (Specialisation – 6) - 4 Credits

I. Historical evolution of General Agreement on Tariff and Trade (GATT), 1947 ––

Multilaterl Trade Negotiations – Uruguay Round - Establishment of World Trade
Organisation (WTO) – Legal Status of WTO – Objectives of WTO - Membership,
Accession & Withdrawal - Structure and Functions of WTO – Ministerial
Conferences - Decision Making at WTO – Relations with other International
Organisations - Dispute Settlement under WTO – Request for consultation – Good
office – Conciliation – Mediation – Arbitration – WTO Panel process – WTO
Appellate Body process

II. Obligations under GATT - Fundamental principles of GATT – Principle of

progressive trade liberalisation, Principle of non discrimination, Principle of
reciprocity, Binding and enforceable commitments, Transparency - Exceptions to
GATT, Special and Differential Treatment under the GATT - Generalised System of
Preferences (GSP) – Concept of Graduation - Rules of Origin – Customs Valuation
Rules - Tariff and Non-Tariff Barriers – Implications of Regional Trade Agreements
(RTAs) for the multilateral trading system.

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III. Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) –
Objectives – Basic rights and obligations of member states – Standards of risk –
Equivalence & Harmonisation – Agreement on Technical Barriers to Trade (TBT
Agreement) – Objectives of TBT Agreement – Basic rights and obligations of
member states – Preparation, Adoption and Application of Technical Regulations –
International Standards – Standard equivalence – Procedures for assessment of
conformity – Recognition of conformity assessment procedures in other member
states – International systems for conformity assessment - Implications for domestic
regulatory autonomy.

IV. Origin and evolution of the Anti-dumping Agreement (ADA) – Dumping

Determination – Like product - Normal value – Construction of normal value –
Export price – Fair comparison – Determination of Dumping Margin –
Determination of injury – Causation – Zeroing - Initiation and procedure of Anti-
dumping investigations – Termination of Anti-dumping investigations – Imposition
and collection of Anti-dumping duty – Substantive and procedural issues concerning
dumping - Agreement on Subsidies and Countervailing Duties - Subsidy – Prohibited
subsidies – Actionable subsidies – Non-actionable subsidies – Countervailing duties
– Committee on Subsidies & Countervailing Duties – Notification and surveillance –
Agreement on Safeguard Measures – Article XIX of GATT – Substantive
requirements for safeguard measures – Procedural requirements – Serious injury –
Conditions relating to safeguard measures – Compensation and concessions –
Special and differential treatment to developing countries – Prohibition of grey area
measures – Committee on Safeguards – Surveillance

V. Scope of ‘Trade in services’ – Modes of supply covered by GATS - Scope of

‘Measures’ – Forms of measures affecting free market access - Obligations under
GATS – Types of Obligations – Schedule of specific commitments - Most Favoured
Nation Principle – National Treatment – General exceptions – Transparency -
Comparison between GATT Obligations and obligations under
GATS

Readings:

1. P. Van Den Bossche, The Law & Policy of the World Trade Organisation: Text,
Cases and Materials, Cambridge University Press (2008).
2. Petros C. Mavroidis, Trade in Goods, Oxford University Press (2013)
3. Joanne Scott, The WTO Agreement on Sanitary and Phytosanitary Measures: A
Commentary, Oxford University Press (2009).
4. M. Matsushita, P. Mavroidis & T. Schboenbaum (Eds.), The World Trade
Organisation: Law, Practice & Policy, Oxford University Press (2ndedn., 2006).
5. Y.S. Lee (Ed.), Safeguard Measures in World Trade: The Legal Analysis, CCH
(2007).
6. John H. Jackson, The WTO: Constitution and Jurisprudence, Royal Institute of
International Affairs, Clatham House, London (1998).
7. D. Palmeter & P. Mavroidis, Dispute Settlement in the World Trade Organisation:
Practice & Procedure, Cambridge University Press (2ndedn., 2004).
8. Anwarul Hoda, Tariff Negotiations and Renegotiations Under the GATT and the
WTO, Cambridge University Press (2001)
9. Marion Panizon, Nicole Pohl & Pierre Sauve (Eds.), GATS and the Regulation of
International Trade in Services, Cambridge University Press -World Trade Forum
(2008).
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 10. Kyle W. Bagwell (et.al.), The Law and Economics of Contingent Protection in
International Trade, Cambridge University Press (2010)
11. Rudiger Wolfrum, Peter – Tobias Stoll (et.al.), WTO – Trade Remedies,
Martinus Nijhoff Publishers (2008)
12. Tracy Epps& Michael J. Trebilcock (Eds.), Research Handbook on the WTO and
Technical Barriers to Trade, Edward Elgar Publishing (2013).

60. International Criminal Law (Specialisation – 6)- 4 Credits

I. History of international criminal law; sources of International Criminal Law - General

Principles of Jurisdiction; Jurisdiction of national courts and national prosecution of
international crimes - Mutual Assistance & Obtaining Evidence
II. The Ad hoc International Criminal Tribunals for the former Yugoslavia (ICTY) and
Rwanda (ICTR) and other courts with international elements - the International
III. The objectives and policies of international criminal law; including issues of
amnesty, truth and justice - the crime of aggression – Genocide - Crimes against
humanity - War crimes - Terrorism and transnational crimes
IV. Modes of liability in international criminal law - Grounds for excluding criminal
responsibility - Sovereign and other immunities - Emerging issues in international
criminal law
V. Rules of evidence – Witnesses – State Parties – Sentencing and Execution

Readings:

1. Van Schaak and Slye, International Criminal Law: The Essentials, 2008, Aspen
2. Waller, Becoming Evil: How Ordinary People Commit Genocide & Mass Killing,
2ndEd., 2007
3. Elster, Closing the Books, Transitional Justice in Historical Perspective, 2004
4. Kerr and Mobekk, Peace & Justice: Seeking Accountability After War, 2007
5. M Evans (ed), International Law, 4th ed (Oxford, OUP, 2014),
6. Robert Cryer, HakanFriman, Darryl Robinson, Elizabeth Wilmshurst, An
Introduction to International Criminal Law and Procedure, 3rd ed (Cambridge
University Press, 2014)
7. Wise, Podgor, & Clark, International Criminal Law: Cases and Materials (3d Edition
Lexis Nexis 2009
8. Bassiouni, M. Cherif, International Criminal Law, Vol. I, II & III, Transnational
Publishers Inc., New York, 1998
9. Kittichaisaree, Kriangsak, International Criminal Law, Oxford University Press,
2002
10. McGoldrick, Dominic, The Permanent International Criminal Court: Legal and
Policy Issues, Hart Publishing Oxford and Portland Oregon, 2002
11. Schabas, William A., An introduction to International Criminal Court, Cambridge
University Press, 2002

61. International Trade Law 4 Credits (Elective)

I. Theories on international trade – mercantilism; theory of absolute advantage of Adam

Smith; theory of comparative advantage of David Ricardo.
Government intervention in the market – instruments of trade policy (protectionism)
II. World Trade Organisation – Historical background; WTO Agreement and other Uruguay
Round Agreements; Organisational structure of WTO; WTO and international trade;
WTO, IMF and World Bank.
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 Dispute settlement within the WTO.
III. Multilateral trade and non-discrimination – General principles of the multilateral trading
system; National treatment – concepts of like products, directly competitive and
substitutable products; Exceptions to the rule; Most Favoured Nation treatment – its
advantages, exceptions.
Regional Trade Agreements and Free Trade Agreements vis-à-vis multilateralism.
IV. Tariff barriers to trade – Tariff versus quantitative restrictions as a tool for regulation of
trade in goods; Article II of GATT 1994; General elimination of quantitative restrictions
under Article XI of GATT 1994; Exceptions to the rule under Article XI and other
exceptions to the rule.
Non-tariff barriers to trade- WTO and Technical Barriers to Trade (TBT), WTO and
Sanitary and Phytosanitary Measures (SPS); WTO on Rules of Origin – Substantial
Transformation Test; WTO and Pre-Shipment Inspection (PSI).
V. Protection of domestic industries – Anti-dumping measures under Article VI of GATT
1994 and the Anti-Dumping Agreement; Subsidies and Countervailing Duties under
Article VI and XVI of GATT 1994 and Agreement on Subsidies and Countervailing
Measures; Safeguard measures.
Interdisciplinary issues in international trade – Trade and Environment; Trade and
Investment; Trade and Competition Policy.
Readings:

1. Peter Van den Bossche, Werner Zdouc, The Law and Policy of the World Trade
Organization: Text, Cases and Materials, Fourth Edition, Cambridge (2017)
2. Craig Van Grasstek, History and Future of the World Trade Organisation, WTO
Publications (2013)
3. Peter van den Bossche & Denise Prevost, Essentials of WTO Law, Cambridge (2016).
4. World Trade Organisation, A Handbook on the WTO Dispute Settlement System (2nd edition,
2017)
5. K.D. Raju, World Trade Organisation Agreement on Anti-Dumping: A GATT/WTO and
Indian Legal Jurisprudence, Wolters Kluwer
6. Joanne Scott, The WTO Agreement on sanitary and Phytosanitary Measures, Oxford
University Press (2009).
7. M. Matsushita, P. Mavroidis & T. Schboenbaum (Eds.), The World Trade Organisation:
Law, Practice & Policy, Oxford University Press (2nd edn., 2006).
8. Y.S. Lee (Ed.), Safeguard Measures in World Trade: The Legal Analysis, CCH (2nd edn.,
2007).
9. Tracy Epps (et. al.), Research Handbook on the WTO and Technical Barriers to Trade,
Edward Elgar Publishing (2015).
10. Dominic Coppens, WTO Disciplines on Subsidies and Countervailing Measures: Balancing
Policy Space and Legal Constraints, Cambridge University Press (2014).

62. Food Law (Choice Based Elective 7) - 4 Credits

I. Food & Nutritional Security – International Perspective – Food as a HumanRight,

Formulations of Right to Food in International and Regional
Instruments,Justiciability of Right to Food - Initiatives of International Organisations
60
 such as the United Nations Food and Agricultural Organisation (FAO) and
OtherAgencies, Monitoring the Implementation of Right to Food

II.Food & Nutritional Security – National Perspective - Indian Constitutional

Framework, Judicial Interventions for ensuring food and nutritional security in India;
National FoodSecurity Legal Framework - National Food Security Act; National
Welfare Schemes and their Role in Alleviating Hunger and Food Insecurity – Law
Relating to Essential Commodities in India – Public Distribution System in India –
Feed Security in India –Current Scenario- Challenges and Opportunities in the Realm
of Feed Security – Initiatives of Relevant Government Departments - National Policy
Framework Regarding Feed Security.

III.Food Safety & Standards – International Perspective - Role of Internationaland

Regional Organisations – Food and Agricultural Organisation(FAO) & WorldHealth
Organisation (WHO) – Role of International & Regional Standard
SettingOrganisations - Codex Alimentarius Commission – Hazard Analysis and
CriticalControl Point (HACCP), - Good Agricultural Practices (GAP); Food Safety
& Standards – National Perspective – The Food Safety andStandards Act, 2006 –
Composition and Functions of Food Safety Authority,Central Advisory Committee,
Scientific Panels, Scientific Committee – GeneralPrinciples of Food Safety,– Role of
the Food Safety Officer, Responsibilities ofFood Business Operator, Liabilities of
Manufacturers, Packers, Wholesalers,Distributors & Sellers – Offences and Penalties
– Adjudication and Food SafetyAppellate Tribunals - Relevant Regulations under the
2006 FSS Act – Licensingand Registration of Food Businesses – Quality Assurance
of Animal Feeds andFood Products of Animal Source – Safety Norms relating to
Animal Feeds andFood Products of Animal Source.

IV. Food Labelling & Traceability – Objectives, General Principles and

Standardsrelating to Food Labelling, Legal framework relating to Food Labelling in
India (The Food Safety and Standards Act), Legal Issues relating to Traceability of
Food in India – Emerging Technologies & Challenges to the Food Safety and
Standards Regime: The Case of Genetically Modified Food – Preparedness of Indian
Legal System to Deal with Issues Related to Import, Manufacture, Supply &
Distribution of GM Food

V.Food & The Multilateral Trading System – Right to Food and International Trade
Agreements, WTO Norms relating to Subsidies and Public Stockholding and
theirImplications for Food Security in India and Other Developing Countries;
Implications of SPS & TBT Agreements of WTO for Food Safety and Standards in
India.

Readings:
1. Food and Agricultural Organisation, Right to Food Case Study: India, U.N. Doc.
IGWG RTFG / INF 4/ APP.(Feb 2006)
2. Philip Alston & K Tomasvski (Eds.), The Right to Food, Martinus Nijhoff (1984).
3. K.R. Venugopal, Deliverance from Hunger: The Public Distribution System in
India, Sage, New Delhi (1992).
4. Joanne Scott, The WTO Agreement on Sanitary and Phytosanitary Measures – A
Commentary, Oxford University Press.
5. Rudiger Wolfrum, Peter Tobias Stoll & Anja Seibert – Fohr, WTO – Technical
Barriers and SPS Measures, Martinus Nijhoff Publishers (2007)

61
 6. Paul Weirich, Labeling Genetically Modified Food: The Philosophical and Legal
Debate, Oxford University Press (2007)
7. Relevant statutes and case law.

63. Law, Poverty & Development (Choice Based Elective – 8) - 4 Credits

I. Introduction- Concept of Poverty- Extent of Poverty, Identification and Measurement

of Indian Poverty- Issues Relating to Poverty in India- Constitutional Guarantees for
the Poor -Equality and Protective Discrimination -Right to Basic Needs and Welfare
-Abolition of Untouchability - Protection of Civil Rights-Right to Development -
Determinants of Impoverishment Versus Legal System-Constitutionality of Criteria
of Poverty Line as a Basis of State Action.

II.Anti-Poverty Programmes- Planning and Anti-Poverty Programme -Small Farmer

Development Programme, Project for Marginal Farmers and Agricultural Labourers,
The Drought Prone Area’s Programme- Integrated Rural Development Programme-
National Rural Employment Guarantee Act- Bank Loans for Poor and Landless-
Problem of Legal Accountability-Development Perspectives.

III. Bonded Labour Abolition- Concept, Awareness and Implementation under the Act
of 1976- Scheduled Castes and the Law with Reference to Protection of Civil
Rights Act- Scheduled Tribes- Unorganised Rural Labour and Legal Response –
Social Security Legislation for Rural Labour- Migrant and Contract Labour - Child
Labour- Approaches to disability and rights of the disabled persons -Right to
Education and Dignity.

IV. Criminal Justice System and the Poor- Treatment of the poor by Police -Inability to
get Bail -Problems of Poor Under trials -Working of free legal aid schemes-Poor and
Right to Die- Prosecution of the Poor for Attempt to Suicide-Compensation to
Victims of Crime.

V. Impoverishment of Women, Children and Disabled Persons –Development and

Empowerment- Deprivations of women under Family laws- Problems of women
workers in organized and unorganized sectors.

Readings:

1. Amarendra,Poverty, Rural Development and Public Policy(Deep and Deep

Publications,1999)
2. Atul Kohli, Poverty Amid Plenty in India (CUP,2012)
3. Upendra Baxi, Law and Poverty: Critical Essays (N.M. Tripathi,1988)
4. N.K. Acharya, Commentary on the Right To Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act,2013, (Asia Law House,
2014)
5. M.L. Upadhyaya, Law, Poverty and Development (Taxmann Allied Publishers Pvt.
Ltd, 2000)

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64. Legal Research Methodology (Choice Based Elective – 9) - 4 Credits

I. Legal education - Systems in U.K., U.S.A. and Japan - International perspectives.

II. Research and Methods of teaching - Lecture method, Case method – Socratic
method, Discussion method - Tutorial - Clinical Legal Education.
III. Nature of Research- introduction - doctrinal or traditional approach-non-
doctrinal or empirical research - descriptive and analytical research - applied and
fundamental research- historical research – sociological research – research design.
IV. Source of data collection - observation, questionnaire and schedule, interview and
case study
V. Sampling- importance, advantages and limitations - types - sampling analysis -
interpretation and Report writing.

Readings:

1. International Legal Centre - Legal Education in a Changing Society (1975)

2. Packer and Ehrlich - New Directions in Legal Education (1972).
3. Journal of Legal Education - Vols.4, 5, 10, 26, 27, 30, 32, 34 and 35.
4. Manheim - Sociological Research: Philosophy and Methods (1977), Chaps. 6-17.
5. Morris L. Cohen - How to Find the Law (1976), Chs. 1,13,17 &18.
6. Morris L. Cohen - Legal Research in a Nutshell (1978)
7. Peter Goodrich - Reading the Law (1986), Ch.2
8. Christie - Legal Writing and Research Manual (1970)
9. Victor Tunkel - Legal Research (1994)
10. Goody and Hat - Research Methodology

65. Humanitarian & Refugee Law (Choice Based Elective – 10)- 4 Credits

I. Introduction to International Humanitarian Law- Nature and Definition of IHL —

Historical Background and Origins of IHL- Inter-state resort to force and
international law –Prohibition and Exceptions- Use of Force and International
Humanitarian Law-IHL as a part of International Law -Sources of modern IHL -
Development of the Geneva Conventions and Additional Protocols-Fundamental
Rules of IHL applicable in armed conflict-Concept of War — International and Non-
International Conflicts

II. Protected persons-The General Obligations of Humane Treatment — Role of ICRC

—Wounded, Sick and Shipwrecked persons- Combatant Status- Protection of
POW’s- Women and Children and Other Vulnerable Groups including Refugees -
Limitation on Means and Methods of Warfare-General Limitations on the Conduct
of War— Limits on the choice of methods and means of warfare- Specific weapons
— Chemical, Biological, Nuclear etc.-Anti-personnel land mines-Protection of
cultural property and natural environment

III. Law of Non-International Armed Conflicts-Historical Development and Conditions

of application- Additional Protocol II to the Geneva Conventions of 1949 - Situation
of internal disturbances and violence Implementation of International Humanitarian
Law- National implementation of IHL — Status in South Asia- Role of national
legislation — Role of military-Law — representation of breaches-International
Implementation of IHL — Protecting power concept and role — other international
measures war crime tribunals and developments in International Criminal Law
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IV. Inter-relation between Humanitarian Law, Refugee Law and Human Rights Law -
Introduction to International Refugee Law-Origin and Development of International
Refugee Principles- The 1951 UN Convention on the Status of Refugees and its1967
Protocol-The Definition of Refugee including the exclusion and cessation of refugee
status- Role of the UNHCR- Asylum and the Principle of Non-Refoulement-
Internally Displaced Persons-Vulnerable groups of refugees including women,
children and victims of torture

V. Implementation of International Refugee Law-Ratification of International Human

Rights Instruments by India and their impact on refugee protection in India-Asian
African Legal Consultative Organisation and Indian obligations to provide refugee
protection-National Framework for Refugee Protection in India — relevant
provisions of the Constitution of India – provisions of relevant legislations- Role
Played by Indian Administrative Authorities, the Judiciary, NHRC and Other
Institutions-Global Overview of Refugee Assistance Programmes

Readings:

1. Cahill, Kavin M.-Basics of International Humanitarian Mission, Fordham

UniversityPress
2. Geza, Herczegh, Developments of InternationalHumanitarian Law , Budapest
3. Henckaerts, Jean-Marie and Beck-Doswald, Louise, Customary International
Humanitarian Law, Cambridge University Press, UK
4. Hingorani, R. C., Humanitarian Law, OUP, New Delhi
5. Sinha, Manoj Kumar, Humanitarian Interventionby the United Nations, Manak
Publishers, New Delhi.
6. Welsh, Kavin M., Humanitarian Interventions andInternational Relations, Oxford
University Press.
7. Chimni, B. S., International Refugee Law: A Reader, Sage Publications, New
Delhi
8. Debbas, Gowlland Vera, The Problem of theRefugees in the Light of Contemporary
International Law Issues, Martinus Nijhof, London.
9. Singh, Nagendra, The Role and Record of the UN High Commissioner for Refugees
Macmillan, New Delhi
10. Trakroo, Ragini and others, Refugee and the Law, Human Rights Law Network
and Socio LegalInformation Centre, New Delhi.

66. LAW RELATING TO REGULATORS (Choice Based Elective – 11) - 4

Credits

I. Theoretical and Constitutional basis of Regulation-Regulation, history- institutions of

regulation- concept of regulation- Theories of regulation –Public interest theories –
Private interest theories –Institutionalised theories –The role of state in regulating public
and private enterprises for achieving welfare state- constitutional basis- a comparative
study- regulation in India
II. Changing concerns of regulation and the emergence of Independent Agencies - The
concept of delegation of regulatory powers of state- emergence of independent agencies
in UK and US-changing nature of industrial policies in India- Industrial policies
resolutions and impact of deregulation and liberalization policies.

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 III. Nature and functioning of Independent Regulatory Agencies-Emergence of Independent
Agencies in India- Nature and functioning of Competition Commission, SEBI, Stock
Exchanges, Reserve Bank of India, Banking Ombudsman, Insurance Regulatory
agencies, TRAI, Airport Authorities, Tariff Authorities, Electricity Commissions,
Pharmaceuticals pricing authorities, Information Commissions, Real Estate Regulatory
Authority.
IV. Regulatory powers of Independent Agencies-Regulation of markets - Government and
Judicial Control over Independent Regulatory Agencies-Control of government over
regulatory agencies- effectiveness and efficiency of independent regulatory agencies -
judicial control over regulatory agencies.
V. Administrative Tribunals- Constitutional Status - Scope and Powers- Role in regulation-
Judicial Review Judicial decisions

Readings:

1. An Introduction to Law & Regulation -by Bronwen Morgan, Karen Yeung [Cambridge
University Press -2007].
2. The Right to Information: A Global Perspective -by K.M. Shrivastava.
3. Leading Cases on Right to Information -by Divya Jyoti Jaipuriar, Jayshree Satpute [Socio
Legal Information Cent, 2009].
4. Manual of Right to Information Act -by Raj Pruthi [Pentagon Press, 2006].
5. Business Ethics: An Indian Perspective -by A.C. Fernando [Pearson Education India].
6. 6.SEBI & Securities Market in India -by Sarkriya D.
7. Manual of SEBI, Notifications & Legislations -by Foreign Service Institute, New Delhi].
8. The Telecom Revolution in India: Technology, Regulation & Policy -by Indian Institute
of Management, Bangalore (IIMB).
9. Consumers’ Handbook on Telecommunications -by TRAI, Mahanagar Doorsanchar
Bhawan, Jawaharlal Nehru Marg, New Delhi.
10. Guide to the Electricity Laws - by Naushir Bharucha [ISBN: 9788180382123, 2004].
11. Handbook of Electricity Laws -by P.L. Malik [Eastman Book Company].
12. Critical Commentary on the Electricity Act, 2003 - by Vivek Sadashic Dhamankar &
Sandeep Sheshmal Jain [ISBN: 8181592816].
13. Law of Electricity in India -by Sarkar & Bhatnagar.
14. Law relating to Electricity in India -by Aiyer Krishnamurty.
15. Commentary on Electricity Laws, with State Reforms -by S.K. Chatterjee.16.A Guide to
The Electricity Laws -by Justice Rajesh Tandon
16. S.P Sathe, Administrative Law (Lexis Nexis Butterworths 7th ed. 2010)
17. S.L Rao, Governing Power (TERI Press, 2004)
18. Fabrizio Gilardi, Delegation in the Regulatory State: Independent Regulatory Agencies
in Western Europe (Edward Elgar Publishing, 2008)
19. Jacint Jordana, David Levi-Faur, The Politics of regulation: Institutions and Regulatory
reforms for the age of governance (Edward Publishing, 2004)
20. M.P Jain and S.N. Jain, Principles of Administrative Law (Lexis Nexis 6th ed. 2013)
21. P.P Craig, Administrative Law (Sweet & Maxwell 6th ed. 2008)
22. Pradeep S. Mehta, Towards a Functional Competition Policy for India-An Overview
(Academic foundation, 2005)

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 67. Mining Law (Choice Based Elective – 12) - 4 Credits

I. Treasure trove – Ownership- Mines and Minerals – Mining –Monopoly of the

Govt. – Theoretical basis for the Government’s right –Mineral Rights- Mineral
Resources and Mineral Revenue- Federal Structure andIndianConstitution-
Regulation of Mines and Mineral Development- Responsibility of Central and
State Governments.

II. Mining – Gold – Silver –Sand- Ancient Relics- Legal Regulation of Mining-
Central and State Government- Rules and Regulation- Mines and Minerals
(Development and Regulation Act, 1957, ('MMDR') and the Mines Act, 1952 –
Mines Rules, 1955- Mineral Concession Rules, 1960, -Mineral Conservation and
Development Rules, 1988 - National Mineral Policies- Mines and Minerals
(Development and Regulation) Bill 2011Kerala Minor Mineral Concession Rules
,2015 - Kerala Minerals (Prevention of illegal mining, storage and transportation)
Rules 2015--Laws Affecting Mining Industry

III. Governmental machinery for Mining -Ministry of Mines- Geological Survey of

India – Policy Reforms and Committee Reports -State Agencies – Inter
relationship-Department of Mining and Geology

IV. Petroleum exploration and exploitation - ONGC and other Agencies – offshore
exploration -Mineral Concessions- National and International issues

V. Marketing and Distribution of products of Mining – Legal Issues

Readings:

1. P.K. Jain, Mineral Policy, Mining Laws and Development (Scientific Publishers,
2006)
2. L.K. Bose and B.C.Bhattacharya (Ed)Asian Mining:Towards a New Resurgence
(Eastern Book Company, 2006)
3. D. D. Seth's Encyclopaedia of Mining Laws (5th ed., 2012) (Eastern Book Company )
4. Roderick G. Eggert(Ed.)Mining and the Environment - International Perspectives on
Public Policy(1sted.,1994) ( Eastern Book company)
5. John Southalan, Mining Law and Policy - International Perspectives (9th ed., 2012)
(Eastern Book Company)
6. S. K. Tiwari, Mining and Environmental Science (1st ed., 2010) (Eastern Book
Company)

68. Public Interest Lawyering, Legal & Para Legal Services - 4 Credits

This paper carries 100 marks. Components:

1. Participation in legal aid camps and clinics 20 marks
2. Participation in Legal literacy programme 20 marks
3. Assignment on Negotiation and counseling 10 marks
4. Writing case comments (at least 3) 20 marks
5. Socio legal survey on assigned problem 30 marks

The assignment and exercises on the above items must be written in a record and must
be submitted to the course teacher for valuation.

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 69. International Commercial Arbitration – 4 Credits

I. Introduction to international commercial arbitration: What is international

commercial arbitration? Why arbitration? Legal framework

II. Arbitrability; Arbitration clauses and submission agreements:

content/requirements

III.The Arbitral Tribunal: Constitution, challenges, powers & duties; Conduct of the
arbitral proceedings: place of arbitration, preliminary steps, written submissions,
evidence, hearings, and proceedings thereafter; Fast track arbitration

IV. Applicable laws to the arbitration procedure, to the substance, and to the agreement
to arbitrate; Role of national courts in international commercial arbitration; Arbitral
award/challenges to award/recognition and enforcement

V. New developments and a comparison of arbitration legislation around the world

with particular reference to the Indian Arbitration & Conciliation Act, 1996
Readings:

1. Gary B. Born, International Commercial Arbitration, Kluwer Law International,

2009.
2. David St John Sutton, Judith Gill, Matthew Gearing, Russell on Arbitration, 23rd
Edition, Sweet & Maxwell Ltd., 2007.
3. S.K. Chawla, Law of Arbitration & Conciliation, 2nd Edition, Eastern Law House,
2004.
4. A.K. Bansal, Law of International Commercial Arbitration, Universal Law
Publishing Co. Pvt. Ltd, 2003.

70. Drafting, Pleading and Conveyance - 4 Credits

This course will be offered through class instructions and exercises, preferably with the
assistance of practicing lawyers/ retired Judges. Apart from teaching the relevant
provisions of law, the course will include 15 exercises in drafting for 45 marks and it
may carry another 45 marks for 15 exercises in pleading and conveyancing. All
assignments on drafting and exercises on pleading and conveyancing must be written in
the record books and must be submitted to the course teacher for evaluation as and
when directed by the teacher. The Candidates will also be examined orally in these
areas and shall be awarded marks out of 10 for their performance.

General Principles of Drafting, Pleading and Conveyancing.

A. Drafting – Civil - 1. Notice, 2. Plaint, 3.Written statement, 4.Interlocutory

application, 5.Original petition, 6.Affidavit, 7.Execution petition and
8.Memorandum of Appeal and Revision 9.Petition under Art.226 and 32 of the
Constitution.

B. Drafting – Criminal - (i) Complaints, (ii) Criminal miscellaneous petition, (iii) Bail
application including anticipatory bail, (iv) Memorandum of Appeal and Revision

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 C. Conveyancing: (i) Agreement for sale (ii) Sale Deed (iii) Mortgage Deed (iv) Lease
Deed (v) Gift Deed (vi) Promissory Note (vii) Power of Attorney (General and
Special) (viii) Will (ix) Partition Deed (x) Partnership Deed (xi) License deed (xii)
Settlement (xiii) Trust Deed (xiv) Rent Deed

Additional exercises on arbitration petitions and contract drafting will also be part of the
course.

Readings:

1. Mogha’s Pleading and Conveyancing.

2. D’Souza, Conveyancing

71. Professional Ethics and Professional Accounting System – 4 Credits

I. Introduction -History of Legal Profession in India- Evolution- Seven Lamps of Advocacy

-Advocates Act, 1961-Bar Councils- Bar Council of India, Functions of State Bar
Councils Functions of Bar Council of India -Admissions and Enrollment of Advocates –
Senior and other Advocates– State Bar Councils to maintain roll of Advocates-
Enrollment, Disqualification for Enrollment-power to remove names from roll-Advocates
to be only recognized class of persons entitled to practice.

II. Importance of Advocacy as a profession-Role of lawyer in a democracy-Right of

Advocates to Practice-Right or Privilege to practice?-Conduct of Advocates-Disciplinary
Proceedings -Professional Misconduct- definition-Cases on Professional Misconduct -
Punishment of Advocates for misconduct-Disciplinary Powers of Bar Council of India-
Appeal to Bar Council of India-Appeal to the Supreme Court - Disciplinary Committees
of Bar Councils.

III. Professional Ethics-Rules Governing Advocates-Restrictions on Senior Advocates-

Standards of Professional Conduct and Etiquette-(i) Duty to the Court (ii) Duty to the
Client (iii) Duty to the opponent (iv) Duty to Colleagues (v) Duty in Imparting Training
(vi) Duty to render Legal Aid (vii) other employments- Need for maintaining good
relations between Bench and Bar

IV. Contempt Of Court - Contempt of Courts Act, 1971 -Contempt - Meaning and Purpose -
Civil Contempt-Criminal Contempt- Mens Rea -Contempt by governmental entities-
Defences- Innocent Publication, Fair and accurate report of judicial proceedings, Fair
Criticism of Judicial act, Complaint against presiding officers of subordinate courts ,
Publication of information relating to proceedings in camera -other defences, Contempt
and Freedom of Speech-Punishment- Power of the High Court to punish contempt of
subordinate courts and try offences committed outside jurisdiction, Punishment for
Contempt and Contempt not punishable in certain cases
V. New developments in Legal Profession-Suggestions made by Law Commission of India in
its 184th Report and present relevance-Impact of Globalization on legal profession-Legal
outsourcing in India-Role of advocate in providing legal aid services-Advocate’s role in
outside court / informal settlement of disputes. Accountancy for Lawyers-Management of
time, human resources, office, etc-Accountancy knowledge for lawyers-evidentiary
aspects-financial accounting statements -Nature and functions of accounting, important
branches of accounting- Accounting and Law-Use of knowledge of accountancy in Legal

68
 Disputes - Accountancy in office/firm of lawyers-Basic financial statements-Income &
Loss account- Balance sheet-other concepts

Readings:
1. Gururaja Chari’s Advocacy and Professional Ethics 1st ed., 2005
2. Raju Ramachandran, Professional Ethics: Changing Profession, Changing Ethics 1st ed.,
2004
3. Dr. P. B. Mukharji, Professional Ethics of The Advocate (University of Burdwan)
4. P. RamanathaAiyer,Legal & Professional Ethics – Legal Ethics, Duties & Privileges of a
Lawyer (Wadhwa Publications, Nagpur).
5. Justice V. R. Krishna Iyer, Law, Lawyers and Justice(B. R. Publishing Corpn, Delhi).
6. Stephen Gillers, Regulation of Lawyers: Problems of Law & Ethics (Little, Brown &
ComBoston Toronto, London).
7. Ross Grauston (ed.), Legal Ethics & Professional Responsibility (Clarendon Press,
Oxford).
8. Gary Bellow & Bea Moultan,The Lawyering Process: Ethics and Professional
Responsibility (The Foundation Press, Inc.).
9. Dr. Kailash Rai, Legal Ethics –Accountability for Lawyers and Bench-Bar Relations 11th
ed., 2013
10. G.C.V Subba Rao’s Commentary on Contempt of Court Act, 1961 4th ed., 2005
11. Subramanyam’s Commentaries on Advocates Act, 1961 2nd ed.,2006
12. D.V. SubbaRao, Sanjiva Row’s The Advocates Act, 1961(LexisNexis, Butterworths).
13. Sandeep Bhalla, Advocates Act (2nd ed. 2004)
14. M.P. Jain, Outlines of Indian Legal and Constitutional History, Wadhwa & Company
(6th ed. 2007)
15. V.D. Kulshreshtha, Landmarks in Indian Legal and Constitutional History, Eastern Book
House (9th ed. 2009)
16. Matthew Barrett and David Herwitz, Accounting for Lawyers, University Casebook
Series, Foundation Press (5 edition, 2015)

72. Alternate Dispute Resolution - 4 Credits

I. Alternative Dispute Resolution (ADR) Meaning and Philosophy - Different methods

of Dispute Resolution - Arbitration, Conciliation, Negotiation, Mediation, etc.-
Advantages and disadvantages of above methods - Need for ADRs - International
Commitments under various Conventions, Domestic needs - Suitability of ADRs to
particular types of disputes.

II. Arbitration – concept – History of statutory frame work in India – Arbitration and
Conciliation Act, 1996 - Salient features – meaning of Arbitration – content of
Arbitration Agreement, Composition of Arbitral Tribunal.

III. Jurisdiction of Arbitral Tribunal - Conduct of Arbitral Proceeding - Making of

Arbitral Award and Termination of Proceedings.

IV. Recourse against Arbitral Award - finality and Enforcement of Arbitral Award -
Appeal -Enforcement of Certain Foreign Awards.

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 V. Conciliation and mediation - Meaning - Different kinds of conciliation and mediation
- Conciliation under different statutes – ADR in Civil and Criminal procedure – New
dimensions of ADR- Lok adalat, Gram Nyayalaya.

Note: - The Course will be conducted through simulation and case studies. Evaluation may be
conducted through class exercises at least two for each unit (5 marks each) and 5 marks viva-
voce for each exercise.

Readings:

1. P.C Markabda, Law relating to Arbitration and Conciliation 7th ed., 2009
2. Justice R.S Bachawat, Law of Arbitration and Conciliation 5th ed.,2012
3. P.C Rao and William Sheffield, Alternative Dispute Resolution 2006
4. O.P Malhotra and Indu Malhotra, The law and practice of arbitration and conciliation
2nd ed.,2006
5. Dr. Madabhushi Sridhar, Alternative Dispute Resolution 2006
6. P.K Majumdar, Basu on Law of Arbitration and Conciliation 10th ed., 2003
7. Avtar Singh, Law of Arbitration and Conciliation 9th ed., 2009

73. Moot Court Exercise and Internships - 4 Credits

There will be 3 components of 30 marks each and a viva voce for 10 marks in this paper

I. Moot Court (30 marks) - Every student should do at least three moot courts and 10
marks for each will be given. The moot court work will be on agreed problems and it
will be evaluated (5 marks) for written submissions and 5 marks for oral
presentation.
II. Observance of trial in two cases, one civil and one criminal (30 marks). They will
maintain a record and enter the various steps obtained recording their attendance on
different days in the court assignment, this scheme will carry 30 marks.

III. Interviewing Techniques and Pre- trial Preparations (30 marks): Each student will
observe two interviewing sessions of clients at the lawyers’ chamber/Legal Aid
Office and record the proceedings in a diary. This record may carry 15 marks. The
students may also train themselves in the preparation of documents and court papers
and the procedure for filing the petition – Necessary entries will be made in a diary
and it will carry 15 marks

IV. The fourth component will be viva voce examination on all the above three exercises
and 10 marks shall be awarded.

74. Transportation Law

I. Transportation by Road: Motor Vehicles Act, 1988, Carriage by Road Act, 2007.
II. Transportation by Sea: Indian Carriage of Goods by Sea Act, 1925, The (Indian) Bills of
Lading Act, 1856, Merchant Shipping Act, 1958, Marine Insurance Act, 1963, Brussels
Convention, 1922.
III. Transportation by Air: Carriage by Air Act, 1972; Tokyo Convention, 1975; Warsaw
Convention, 1929 as amended by the Hague Protocol, 1955; Montreal Convention, 1999.
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IV. Transportation by Railways: Railways Act, 1989, Railway Claims Tribunal Act, 1987.
V. Multimodal Transportation of Goods Act, 1993

Readings:

1. Gargi Rajvanshi, Transportation Law, ISBN: 9789351434986

2. Avtar Singh, Law of Carriage (Air, Land and Sea), ISBN: 9789351452942
3. Krishna Pal Malik, Motor Vehicle and Railway Accidents Claim & Compensation, ISBN:
9788189532123
4. Kannan & Vijayaraghavan, Motor Vehicles Laws - A Comprehensive Examination of the
Motor Vehicles Act, 1988 with focus on Insurance, Entitlement and Compensation - 2
Vols, ISBN: 9789351438250
5. Gaurav Varshney, Insurance Laws, ISBN: 9789350358818
6. Lachmi Singh, The Law of Carriage of Goods by Sea, ISBN: 9781847667038
7. K.V. Hariharan, Laws of Carriage of Goods by Sea and Multimodal Transport in India,
ISBN: 978-8184042481
8. H.K. Saharay, The Law of Carriage of Goods, ISBN: 9788171772599
9. Relevant statutes.

75. National Security and Counter Terrorism Law

I. History of Terrorism - Terrorism: Definitional Issues - United Nations and Counter-

Terrorism - Terrorism and International Law – regional initiatives for suppression of
terrorism with special reference to SAARC.
II. History of counter-terrorism laws in India – Procedure relating to declaration of unlawful
activity, unlawful association, terrorist organisation and individual terrorists - special
rules relating to investigation, arrest, detention, bail, courts, prosecution, evidence and
punishments - Constitutional issues relevant to implementation and enforcement of
national security and counter-terrorism legislations in India - witness protection and
prosecution of terrorism cases – duties and obligations of state governments under
national security and counter terrorism laws.
III. State-specific laws to counter organised crimes in India: Legal standards and enforcement
- Issues of Federalism - National Security, Law Enforcement and Privacy - Freedom of
Speech and Support for Terrorism - Incitement of Terrorism on the Internet and Social
Media - Terrorist financing and legal responses - confiscation of terrorist funds – Legal
Framework relating to cyber-terrorism, bio-terrorism and financial terrorism - Role of the
National Security Council (NSC) & National Security Advisor (NSA) - Proposed
National Counter Terrorism Centre (NCTC): issues and concerns.
IV. Indian Judiciary and National Security/Counter-Terrorism Laws - Judicial interpretation
of special provisions relating to investigation, arrest, detention, bail, confessions before
police officers, Legal norms relating to Interception of communications - admissibility of
evidence collected through interception of communication - Sentencing jurisprudence in
terrorism cases.
V. Comparative assessment of counter-terrorism laws and policies in United States of
America, Europe and Australia - Balancing counter-terrorism laws with human rights and
civil liberties: The Indian, American, European and Australian experiences - Judicial
review of counter terrorism laws in United States, Europe and Australia;

71
Readings:

1. Harmen van der Wilt & Christophe Paulussen (Eds.), Legal Responses to
Transnational and International Crimes, Edward Elgar (2017).
2. Jussi M. Hanhimaki & Bernhard Blumenau (Eds.), An International History of
Terrorism: Western and Non-Western Experiences, Abingdon, Routledge (2013).
3. Colin King, Clive walker & Jimmy Gurule (Eds.), The Palgrave Handbook of
Criminal and Terrorism Financing Law, Palgrave Macmillan (2018).
4. Nicola McGarrity, Jessie Blackbourn & Deniz, Anti-Terrorism Law and Foreign
Terrorist Fighters, Routledge (2018).
5. Manfred Nowak & Anne Charbord (Eds.), Using Human Rights to Counter
Terrorism, Edward Elgar (2018).
6. Nicola Mc Garrity, Fergal Davis & George Williams (Eds.), Surveillance, Counter-
Terrorism and Comparative Constitutionalism, Routledge - Cavendish (2014).
7. Ujjwal Kumar Singh, The State, Democracy and Anti-Terror Laws in India, Sage
Publications, New Delhi (2007).
8. Shruti Bedi, Indian Counter Terrorism Law, Lexis Nexis (2015).
9. S. Abdul Khader Kunju, Counter Terrorism Laws in India, Asia Law House (2017).
10. Law Commission of India, 173rd Report on the Prevention of Terrorism Bill, 2000,
Government of India (2000).
11. Surabhi Chopra, “National Security Laws in India: The Unravelling of Constitutional
Constraints”, 17 Oregon Review of International Law 1 (2015).
12. Francesca Galli, Valsamis Mitsilegas & Clive Walker, “Terrorism Investigations and
Prosecutions in Comparative Law”, 20 The International Journal of Human Rights
593 (2016).
13. Myriam Feinberg, “International Counterterrorism – National Security and Human
Rights: Conflict of Norms or Checks and Balances?”, 19 The International Journal of
Human Rights 388 (2015).
14. Jayanth K. Krishnan, “India’s Patriot Act: POTA and the Impact on Civil Liberties in
the World’s Largest Democracy”, 22 Law and Inequality: A Journal of Theory and
Practice 265 (2004).
15. Relevant international legal instruments
16. Relevant national legislations
17. Relevant judgments of Supreme Court of India, High Courts as well as Special /
Designated Courts.

76. Law and Constitutional Governance

I. Constitution and Constitutionalism -Constitutional Governance- Rule of Law-

Separation of Power- Democracy-Judicial Review- Judicial Activism -
Constitutional Objectives.
II. Concept of Government- Structure of Government - Forms of Government-
Federalism- Centre State Relations- Forms of Federalism - Patterns of Federal
Government – USA, Australia, Canada and India.
III. Legislative Relations - Administrative Relations - Distribution of Executive Power
-Centre State Administrative Co-ordination - Comparative Analysis - USA , Canada
and Australia- Contribution of Judiciary- Fiscal Federalism- Role of Judiciary.

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 IV. Local Government Administration –Concept - Aims and Objectives of Local
Government - Organizational set up of Local Government- Powers of Local
Government - State - Local Government Relation - Local Self-Government in
India - Panchayati Raj - 73rd and 74th Constitutional Amendments- Judicial Control.
V. Challenges to Governance in the Era of Globalization -Concept of Good
Governance - Constitutional and Statutory Mechanisms - Public Accountability and
Transparency - Constitutional Issues - Stability of Government- People’s
Participation in Governance- Participation of Women in Governance -Reservation
Policy - Public Administration and Corruption - Governance and Problems of
Regionalism, Communalism and Casteism in India - Role of Judiciary

Readings:

1. Atul Kohli, Democracy and Discontent-India's Growing Crisis of Governability (Cambridge

University Press, 1991)
2. A.V. Dicey, An Introduction to the Study of the Law of Constitution (Universal Law
Publishing, 2016)
3. A.G. Noorani, Constitutional Questions in India (Oxford University, 2002)
4. B.D. Dua, (Ed) Indian Judiciary and Politics – The Changing Landscape (Manohar, New
Delhi, 2007)
5. Bernard Schwartz, American Constitutional Law (Cambridge University Press,2013)
6. C.L. Anand, Constitutional Law and History of Government of India (8th ed., 2008)
(Universal Law Publishing Co.)
7. Carl J Freidrich, Constitutional Government and Democracy (Blaisdell Publishing Company,
1965)
8. D. D. Basu, Commentary on the Constitution of India (9th ed., 2016) (Lexis Nexis)
9. D. D. Basu, Shorter Constitution of India (15th ed., 2018) (Lexis Nexis)
10. Frank B. Cross, Constitutions and Religious Freedom- Comparative Constitutional Law and
Policy (Cambridge University Press, 2015)
11. G.C. Johari: Indian Political System, (Anmol Publications, Delhi, 2007)
12. Granville Austin, Indian Constitution- Cornerstone of a Nation (OUP,1999)
13. Granville Austin, Working a Democratic Constitution ( OUP, 2003)
14. H. M. Seervai, Constitutional Law of India (4th ed., 2016)
15. Ivor Jennings, Some Characteristics of the Indian Constitution (OUP,1953)
16. Justice R.C. Lahoti, Preamble: The Spirit and Backbone of the Constitution of India (1st ed.,
Reprint 2017) (EBC)
17. K.C. Wheare, Federal Government (OUP, 1963)
18. K.C. Wheare, Modern Constitutions (2nd ed., 1966) (OUP)
19. M.P. Jain, Indian Constitutional Law (7th ed., 2014) (Lexis Nexis)
20. Mahendra P. Singh, V. N. Shukla’s Constitution of India(13th ed., 2017)(EBC)
21. Mamta Rao, Constitutional Law (1st ed., 2013) (EBC)
22. P. S. Singh, Equality, Reservation and Discrimination in India( Deep and Deep Publications,
1985)
23. P. Ishwara Bhatt, Fundamental Rights-A Study of their Inter-relationship (Eastern Law
House,2004)
24. P. Ishwara Bhatt, D. D. Basu’s Limited Government and Judicial Review (Lexis Nexis,2015)
25. P.K. Tripathi, Some Insights into Fundamental Rights (University of Bombay , 1972)
26. P.S. Narayana ,Constitutional Experiments (1st ed., 2015)
27. S. Chand, Select Constitutions (16th ed., Reprint 2016)
28. Samaraditya Pal, India’s Constitution , Origin and Evolution (Lexis Nexis, 2015)
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29. Sudhir Krishnaswamy, Democracy and Constitutionalism in India: A Study of the Basic
Structure Doctrine (1st ed., 2009)(OUP)
30. Uday Raj Rai, Fundamental Rights and Their Enforcement ( Prentice Hall India, 2011)
31. Udai Raj Rai, Constitutional Law - I Structure (1st ed., 2016) (Eastern Book Co.)
32. V. N . Shukla, Constitution of India (13th ed., 2017)(EBC)
33. V. Venkatesan, Constitutional Conundrum – Challenges to Indian Democratic Process (Lexis
Nexis,2014)
34. Vijay Hansaria, Does India Need a New Constitution? (Eastern Law House, 1998)

77. LAW ON BANKRUPTCY AND INSOLVENCY

I. Concept of bankruptcy and insolvency: Evolution of the law; Insolvency and

Bankruptcy Board of India; Insolvency Professionals and Professional Agencies;
Adjudicating and Appellate Authorities; Insolvency and Bankruptcy Fund.
II. Insolvency Resolution: Acts of insolvency; Initiation of corporate insolvency
resolution process; Proceedings by financial creditor, operational creditor and by
corporate applicant; Appointment of Interim Resolution Professional, Role of
Committee of Creditors and NCLT.
III. Conduct of Insolvency Resolution Process: Moratorium and public announcement;
Meetings of Committee of Creditors; Duties of Resolution Professional; Information
memorandum and Resolution Plan – submission and approval; Fast track process;
Revival of sick companies.
IV. Liquidation of corporate person: Initiation of process by Adjudicating Authority;
Powers and duties of liquidator; liquidation estate, ascertainment of claims;
realisation and distribution of assets; dissolution of corporate debtor; Voluntary
liquidation.
V. Adjudication and appeals: Jurisdiction of NCLT, Appellate Authority, Supreme Court
of India. Cross border insolvency and Bankruptcy; Bankruptcy for Individuals and
Firms; Fresh Start Process.

Readings:

1. Insolvency and Bankruptcy Code, 2016.

2. Taxmann’s Guide to Insolvency and Bankruptcy Code, 2016.
3. Report of the Insolvency Law Committee, Ministry of Corporate Affairs, Government of
India, March, 2018, http://www.mca.gov.in/Ministry/pdf/ILRReport2603_03042018.pdf
4. Report of the Bankruptcy Law Reforms Committee,
http://ibbi.gov.in/BLRCReport Vol1_04112015.pdf

78. LAW OF MERGERS AND ACQUISITIONS

I. Methods of Corporate Reorganisation: Take over, Merger, Amalgamation; Scheme of

Control over reorganisation; Control under Company’s Act, SEBI Act and SEBI
Regulations.
II. Take over; Controls over take overs; Methods of take over; Take over
announcements; Take over schemes; Takeover bids; Administrative intervention in
take over.

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 III. Amalgamations, Compromise and Arrangements; Scheme of Arrangements;
Protection of Minority during Reorganisation; Amalgamation.
IV. Doctrine of Capital Maintenance; Different Methods for maintenance of capital;
Indirect self acquisition; Reduction of capital; Return of capital; redemption of
preference shares.
V. Buy back of shares; Permitted buy back; Statutory provisions for buy back;
Assistance to persons to acquire shares; Assistance to employees to acquire shares.

Readings:
1. Gower & Davies, Principles of Modern Company Law.
2. Geoffrey Morse, Ed., Palmer’s Company Law.
3. Avtar Singh, Company Law.
4. Rabi Narayan Kar & Minakshi, Mergers, Acquisitions & Corporate Restructuring: Strategies
and Practices, Taxmann, 2017

79. LAW RELATING TO SOCIO-ECONOMIC OFFENCES

I. Introduction to socio-economic offences, Conceptual and theoretical analysis of Socio

economic offences, Nature and scope of socio-economic offences, Distinction between
traditional and socio economic offences.
II. Different kinds of socio economic offences, Mens rea in socio economic offences,
Special and Local Law dealing with socio economic offences in India
III. Impact of socio economic offences on the society and governmental institutions, Recent
developments/legislations relating to socio economic offences in India- Prevention of
Money Laundering Act, 2002; Fugitive Economic Offenders Bill/Ordinance, 2018, SFIO
etc.
IV. In built arrangements/mechanisms for the prevention of economic crimes in the
Government Departments/ Organisations (Customs, Excise, Income Tax, Reserve Bank
of India etc.)
V. Law Enforcement and Investigating Agencies relating to Socio Economic Offences,
Special Courts, Special rules of evidence- Punishments.

Readings:-

1. ILC 29th Report

2. ILC 47th Report
3. Santhanam Committee Report (1960)
4. Upendra Bakshi, Liberty and Corruption: The Antulay Case and Beyond, Eastern Books
5. Mahesh Chandra, Socio-Economic Offences, Tripathi Publication
6. J.S.P Singh, Socio -Economic Offences, Universal Publication
7. Case studies (Enron Scandal, WorldCom Scandal, Satyam Computers Scandal etc.)

80. INTELLECTUAL PROPERTY AND TECHNOLOGY: CONTEMPORARY

CHALLENGES (Elective)

I. Emergence of IP as an important factor in International Trade- Global Administration-

enforcement- IP as regulation and as right- norms of IP- Expansion – New
Technologies- new challenges- need for evaluating new norms- Management of

75
 Intellectual Property Rights – patent thicket -anti-commons- Patent pools and licenses-
NPEs-royalty stacking- new technological advancements and impediments- role of IP.
II. Access to knowledge – rationale for IP and justification- Tracing the origins of the
conceptComparative analysis- IP as right of creator vis-a-vis rights of the society-
determination of balance- Free Speech and IP- challenges by new technologies-
Technology vis-a-vis Tradition- Commercial Privacy and Morality- IP Concerns after
the Puttaswamy Judgement-Fair Use in the new digital world- Involvement of IP Ethics
in matters of commerce- Knowledge Driven Economy and IPR- New Standards
III. New ICT interventions – Peer to Peer systems- Block chain technology-cryptography-
smart IP Rights- Artificial Intelligence- Internet of Things-extending the frontiers of
traditional IP- New definitions of Creator- IPRs and information technology-Emerging
Concerns- scope of protection of Computer related Inventions- Understanding IP and
Information Technology interactions- Big data – scope of IP- evolving new solutions-
new challenges
IV. Overview of Biotechnology and Intellectual Property- Biotechnological Research and
Intellectual Property Rights - Enforcing Intellectual Property - Commercializing
Biotechnological Inventions- Case studies- Nanotechnology- 3D technology- concerns
and models- Bioethics and IP
V. Redefinition of Medicine by New technologies- Genomics and new inventions-
Precision Medicine-Inventions-Big data in health care and IP interactions-IP
interventions- Patents involving life forms-lessons from other jurisdictions –After
Myriad -implications in health care- CRISPR- Gene editing- IP involvement- Regulatory
concerns

Readings:-

1. GKOUTZINIS, APOSTOLOS ATH, INTERNET BANKING AND THE LAW IN

EUROPE (Cambridge University Press 2006)
2. RYDER,RODNEY D, INTELLECTUAL PROPERTY AND THE INTERNET
(LexisNexis Butterworths 2002)
3. LIM,YEE FEN, CYBER SPACE LAW (Oxford University Press 2008)
4. MARK F GRADY, THE LAW AND ECONOMICS OF CYBERSECURITY
(Cambridge University Press 2006)
5. Lemley & Weiser, “Should Property or Liability Rules Govern Information?” 85 Tex. L.
Rev. 783 2006-2007; available at
http://scholar.law.colorado.edu/cgi/viewcontent.cgi?article=1346&context=articles
6. MERGES, MENELL & LEMLEY, INTELLECTUAL PROPERTY IN THE
NEW TECHNOLOGICAL AGE (5th edition, Aspen 2010) (IPNTA).
7. PAUL C. TORREMANS (ED.) INTELLECTUAL PROPERTY AND
HUMAN RIGHTS (Walter Kluwers, 2nd ed. 2008)
8. Chapman, The Human Rights Implications of Intellectual Property Protection,
5 JOURNAL OF INTERNATIONAL ECONOMIC LAW 861(2002)
9. ROGER E. SCHECHTER AND JOHN R. THOMAS, INTELLECTUAL
PROPERTY - THE LAW OF COPYRIGHTS, PATENTS AND
TRADEMARKS 480 (St.Paul, 2003)
10. CORNISH AND LLEWELYN, INTELLECTUAL PROPERTY 6 (6th Ed.
2008).

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 11. Estelle Derclaye& Marcella Favale, Copyright and Contract Law: Regulating
User Contracts: The State of the Art and a Research Agenda, 18 JOURNAL OF
INTELLECTUAL PROPERTY LAW 65 (2010)
12. ELIZABETH VARKEY, LAW OF PATENTS (Eastern Book Company, 2nd ed.
2012)
13. MADHAV KULKARNI, INDIA, BIOTECHNOLOGY AND PATENTS:
INDUSTRY PERSPECTIVE (Biocon Limited, 2012)
14. RALPH S. BROWN, ROBERT C. DENICOLA, COPYRIGHT: UNFAIR
COMPETITION, AND RELATED TOICS BEARING ON THE
PROTECTION OF WORKS OF AUTHORSHIP (Foundation Press, 2013).
15. T.R. SRINIVASA IYENGAR’S THE COPYRIGHT ACT, 1957 (6th ed.
Butterworths)
16. BHARTI THAKAR, INTELLECTUAL PROPERTY RIGHTS IN THE
EMERGING BUSINESS ENVIRONMENT (2006)
17. DAVID BAINBRIDGE, INTELLECTUAL PROPERTY (5th ed. 2003)
18. P.S. NARAYANA, INTELLECTUAL PROPERTY IN INDIA (Gogia Law
House, 2005)
19. JAYASHREE WATAL, INTELLECTUAL PROPERTY RIGHTS IN THE
WTO AND DEVELOPING COUNTRIES (OUP, 2009)
20. Can Cui, Patent Eligibility of Molecules: “Product of Nature” Doctrine After
Myriad, 4 JOURNAL OF INTELLECTUAL PROPERTY AND
ENTERTAINMENT LAW (2011)
21. JONATHAN CURCI, THE PROTECTION OF BIODIVERSITY AND
TRADITIONAL KNOWLEDGE IN INTERNATIONAL LAW OF
INTELLECTUAL PROPERTY (Cambridge Intellectual Property and
Information Law, 2010)
22. C M CORREA, TRIPS RELATED ASPECTS OF INTELLECTUAL
PROPERTY RIGHTS: A COMMENTARY ON THE TRIPS AGREEMENT,
291 (Oxford University Press, 2007).
23. PHILIP W. GRUBB, PATENTS FOR CHEMICALS, PHARMACEUTICALS
AND BIOTECHNOLOGY: FUNDAMENTALS OF GLOBAL LAW,
PRACTICE AND STRATEGY, 252 (3rd ed. 1999)
24. THOMAS A. STEWART, INTELLECTUAL CAPITAL: THE NEW
WEALTH OF ORGANIZATIONS 12 (1997)
25. B.L.WADEHRA, LAW RELATING TO INTELLECTUAL PROPERTY (5th ed.
Universal Law Publishing Co., 2012)
26. Tim Hulsen et al. , From Big Data to Precision Medicine, FRONT MED (LAUSANNE)
6: 34 (2019)
27. Cirillo D and Valencia A, Big Data Analytics for Personalized Medicine, CURRENT
OPINION IN BIOTECHNOLOGY Apr 6; 58:161-167(2019)

81. INTELLECTUAL PROPERTY RIGHTS: PRINCIPLES AND PRACTICES

(Elective)
I. Intellectual Property Rights, technological advancements and the economy– Need for
Intellectual Property management in Business- Intellectual Property and Human
rights: Convergences and conflicts-Morality as a guidance factor in IP -relevance-
Lessons from TRIPS- Developmental perspective of IPR- Indian context - National
IP policies

77
 II. Patents- History and evolution as Industrial property- Paris Convention –TRIPS-
History Changes in Indian Patent Law- Mailbox- EMR- Patent filing Procedure –
Steps- PCT filing- Theory and Practice-Criteria- Pharmaceutical patents- compulsory
licensing - government use of inventions - experimental use – Bolar exception-test
data protection- new developments

III. Geographical Indications – criteria –registration – infringement - TM and GI overlap-

Protection of Plant Varieties- Farmers Rights as an intellectual property right-
Conflicts among jurisdictions- Protection of Traditional Knowledge under IP
Regime- issues- CBD and TRIPs - Biodiversity under Indian legal regime.

IV. Semiconductor devices- layout of Integrated Circuit Designs- scope of protection-

remedies Industrial Designs- relevance- interlink with copyright-scope of protection-
Trade secret- common law development- protection in India-remedies

V. Interactions of IPR with other laws-Technology and IPR- interlink- Role of

intellectual property rights in electronic commerce- IP and IT- information privacy-
Competition laws vis-a-vis Intellectual property rights- Standard Essential Patents-
trends- Responses from industry Technology Transfer and IP- Alternatives to IPR

Readings:-
1. PAUL C. TORREMANS (ED.) INTELLECTUAL PROPERTY AND HUMAN
RIGHTS (Walter Kluwers, 2nd ed. 2008)
2. Chapman, The Human Rights Implications of Intellectual Property Protection, 5
JOURNAL OF INTERNATIONAL ECONOMIC LAW 861(2002)
3. N. R. SUBBARAM, DEMYSTIFYING INTELLECTUAL PROPERTY RIGHTS (2009,
LexisNexis).
4. ROGER E. SCHECHTER AND JOHN R. THOMAS, INTELLECTUAL PROPERTY -
THE LAW OF COPYRIGHTS, PATENTS AND TRADEMARKS 480 (St.Paul, 2003)
5. CORNISH AND LLEWELYN, INTELLECTUAL PROPERTY 6 (6th Ed. 2008).
6. ELIZABETH VARKEY, LAW OF PATENTS (Eastern Book Company, 2nd ed. (2012)
7. FEROZ ALI KHADER, THE LAW OF PATENTS-WITH A SPECIAL FOCUS ON
PHARMACEUTICALS IN INDIA (2011, LexisNexis)
8. MADHAV KULKARNI, INDIA, BIOTECHNOLOGY AND PATENTS: INDUSTRY
PERSPECTIVE (Biocon Limited, 2012)
9. RALPH S. BROWN, ROBERT C. DENICOLA, COPYRIGHT: UNFAIR
COMPETITION, AND RELATED TOICS BEARING ON THE PROTECTION OF
WORKS OF AUTHORSHIP (Foundation Press, 2013).
10. T.R. SRINIVASA IYENGAR’S THE COPYRIGHT ACT, 1957 (6th ed. Butterworths)
11. BHARTI THAKAR, INTELLECTUAL PROPERTY RIGHTS IN THE EMERGING
BUSINESS ENVIRONMENT (2006)
12. DAVID BAINBRIDGE, INTELLECTUAL PROPERTY (5th ed. 2003)
13. P.S. NARAYANA, INTELLECTUAL PROPERTY IN INDIA (Gogia Law House, 2005)
14. JAYASHREE WATAL, INTELLECTUAL PROPERTY RIGHTS IN THE WTO AND
DEVELOPING COUNTRIES (OUP, 2009)
15. Can Cui, Patent Eligibility of Molecules: “Product of Nature” Doctrine After Myriad, 4
JOURNAL OF INTELLECTUAL PROPERTY AND ENTERTAINMENT LAW (2011)
16. JONATHAN CURCI, THE PROTECTION OF BIODIVERSITY AND TRADITIONAL
KNOWLEDGE IN INTERNATIONAL LAW OF INTELLECTUAL PROPERTY
(Cambridge Intellectual Property and Information Law, 2010)

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 17. C M CORREA, TRIPS RELATED ASPECTS OF INTELLECTUAL PROPERTY
RIGHTS: A COMMENTARY ON THE TRIPS AGREEMENT, 291 (Oxford University
Press, 2007).
18. PETER D. ROSENBERG, PATENT LAW BASICS 8 (10th ed. 2002)
19. PHILIP W. GRUBB, PATENTS FOR CHEMICALS, PHARMACEUTICALS AND
BIOTECHNOLOGY: FUNDAMENTALS OF GLOBAL LAW, PRACTICE AND
STRATEGY, 252 (3rd ed. 1999).
20. THOMAS A. STEWART, INTELLECTUAL CAPITAL: THE NEW WEALTH OF
ORGANIZATIONS 12 (1997)
21. B.L.WADEHRA, LAW RELATING TO INTELLECTUAL PROPERTY (5th ed.
Universal Law Publishing Co., 2012).

82. Comparative Constitutional Rights Adjudication

I. Rights Analysis – Nature of Rights – Hohfeldian Analysis – Jural Opposites and
Correlatives, Types of Rights: Moral, Legal, Positive, Negative, Public, Private, and
Constitutional Rights – Fundamental Rights and Human Rights, Socio-Economic Rights
under the Indian Constitution – Directive Principles of State Policy and CAD – A
Comparison with Socio Economic Rights under the South African Constitution
II. Social Contract Theory – Fundamental Rights, Limits on State Action, Concept of
Constitutionalism – Comparative Analysis: USA , India and South Africa
III. Equality and Affirmative Action – The Need for Anti-Discrimination, Concept of Positive
Obligation on State, Difference between Protective Discrimination and Affirmative Action,
Rights of Marginalised Persons – India, USA and South Africa
IV. Abortion – Constitutional Law Issues – The Right to Life, The Duty of the State to Protect
Life, Freedom of Choice and Right to Privacy, Body Autonomy, Case Law Analysis – Roe v
Wade, Case Laws from Germany, Ireland, ECHR, South Africa, India and the USA. Death
Penalty – The Abolition Debate – Case Law Analysis from India, USA and South Africa
V. Obscenity and Freedom of Speech and Expression – Right to Free Speech, Restrictions on
the Basis of Morality, Obscenity and Morality, Compelling Social Interest and Individual
Right – Various Tests Laid – Case Law Analysis – USA, India and South Africa. Regulation
of Hate Speech – Comparative Analysis: South Africa, ECHR and USA

Readings:
1. Jeremy Waldron (ed), Theories of Rights (OUP 1984)
2. William A Edmundson, An Introduction to Rights (2nd edn, CUP 2012)
3. Sandra Fredman, Comparative Human Rights Law (OUP 2018)
4. Jeff King, Judging Social Rights (CUP 2012)
5. Ran Hirschl, Comparative Matters: The Renaissance of Comparative Constitutional Law
(OUP 2014)
6. Sandra Fredman, Discrimination Law (2nd edn, OUP 2011)
7. Judith Jarvis Thomson, ‘A Defense of Abortion’ [1971] Philosophy & Public Affairs 47
8. Thomas Scanlon, ‘A Theory of Freedom of Expression’ [1972] Philosophy & Public
Affairs 204
9. Gautam Bhatia, Offend, Shock, or Disturb: Free Speech under the Indian Constitution
(OUP 2016)
10. Jeremy Waldron, The Harm in Hate Speech (HUP 2012)
11. Sujit Choudhry, Madhav Khosla and Pratap Bhanu Mehta (eds), The Oxford Handbook of
the Indian Constitution (OUP 2016)
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12. Michel Rosenfeld and András Sajó (eds), The Oxford Handbook of Comparative
Constitutional Law (OUP 2012)
13. Tom Ginsburg & Rosalind Dixon (eds), Comparative Constitutional Law (Edward Elgar
Publishing 2011)
14. Erin F Delaney & Rosalind Dixon (eds), Comparative Judicial Review (Edward Elgar
Publishing 2018)
15. Mark Tushnet, Thomas Fleiner & Cheryl Saunders (eds), Routledge Handbook of
Constitutional Law (Routledge 2012)
16. Nigel E Simmonds, ‘The Analysis of Rights’ in his Central Issues in Jurisprudence:
Justice, Law and Rights (4th edn, Sweet & Maxwell 2013)
17. Martin Loughlin, ‘Rights’ in his The Idea of Public Law (OUP 2003)
18. Jeremy Waldron, ‘A Right-Based Critique of Constitutional Rights’ [1993] OJLS 18
19. Christopher McCrudden, ‘Common Law of Human Rights?: Transnational Judicial
Conversations on Constitutional Rights’ [2000] OJLS 499
20. Sujit Choudhry, ‘How to Do Comparative Constitutional Law in India: Naz Foundation,
Same Sex Rights, and Dialogical Interpretation’ in Sunil Khilnani, Vikram Raghavan &
Arun K Thiruvengadam (eds), Comparative Constitutionalism in South Asia (OUP 2013)
21. Ronald Dworkin, ‘Introduction: The Moral Reading and the Majoritarian Premise’ in his
Freedom’s Law: The Moral Reading of the American Constitution (Harvard University
Press 1996)
22. Jeremy Waldron, ‘The Core of the Case against Judicial Review’ in his Political Political
Theory (Harvard University Press 2016)

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