Paper VI : Constitutional Law-II

Unit-I : Directive Principles of State Policy and Writs

Article 36 to Article 51- Directive Principles of State Policy Nature and Justiciability of Directive

Principle of State Policy, Interrelationship between Fundamental Rights and Directive

Principles of State Policy

Article 51-A– Fundamental Duties :

Article 226– Power of High Court to issue certain Writs : Writs- Habeas Corpus, Mandamus,

Certiorari, Prohibition and Quo-Warranto

Unit-II: Distribution of Powers Between Centre and States

Legislative Powers

Doctrine of Territorial Nexus :

Doctrine of Harmonious Construction :

Doctrine of Pith and Substance :

Doctrine of Repugnancy

Doctrine of Colorable Legislation

Administrative Powers Financial Powers

Unit-III: Constitutional Organs

Union Parliament and State Legislature- Constitution and Function,

Parliamentary Sovereignty,

Parliamentary Privilege,

Anti-Defection Law,

Collective Responsibility of Cabinet

Union and State Executive

Supreme Court and High Courts- Constitution and Jurisdiction,

Power of Judicial review,

Independence of Judiciary

Unit-IV: Liability of the State

Contractual and Tortious Liability of State

Freedom of Trade, Commerce and Intercourse, :

Services under the Union and States, :

Emergency Provisions :

Amendment of the Constitution

 Paper VII : Law of Contract-II (Special Contract)

Unit-I: Contract of Indemnity and Guarantee (Ss. 124-147)

Indemnity (Ss. 124-125) – the Concept, Definition, Methods Commencement of liability of the

indemnifier, Nature of indemnity clauses, Right and liabilities of Indemnifier and Indemnity- Holder,

difference between indemnity contract and Contingent contract, distinction between contract of

indemnity and guarantee

Guarantee- (S. 126-147) Definition, Nature, and scope, Kinds of Guarantee, essential elements,

Extent of Liability of guarantor, co-existence of surety and principal debtor’s liabilities, joint and

separate liability of surety, continuing guarantee, Rights of surety, Discharge of Surety's liability

Unit-II: Contract of Bailment, Pledge and Agency (Ss. 148-128)

Contract of Bailment Ss. 148-171)- (Definition, Kinds, Rights and Duties of Bailor and Bailee,

termination of bailment, Rights and responsibility of finder of goods, Provisions relating to lien,

Pledge (Ss. 172-181)- Definition, Essential elements, Pledge: comparison with bailment, Rights of

Pawnor, Rights of Pawnee

Contract of Agency (S.182-238) -Definition-Creation of Agency, Kinds of Agents, Ratification, Rights

and duties of Agent, Relation of Principal with third parties, Termination of Agency

Unit-III: Law Relating to Partnership

Definition, Nature and Essentials, Test of Determining, Relation of Partner to another partner,

Rights and duties of partner, relation of partners to third parties, Incoming and outgoing partners

Dissolution of a firm,

Registration of firms,

Limited Liability Partnership-Meaning, Nature, a limited liability partnership and a company

Unit-IV: Sales of Goods

Concept of sale as a contract, Definition, Conditions and Performance, Formation of Contract, Effect of

Contract,

Concepts of caveat emptor, Right of Parties and Remedies,

Performance of Contract,

Rights of Unpaid Seller,

Remedies for breach of contract.

 Paper VIII : Family Law-I

Unit-I: Concept of Family and Development of Family System

Patriarchal Family, Matrilineal Family, Nuclear family, Joint family, Joint Hindu Family (Mitakshara
and Dayabhaga)

Source of Hindu Law and Sources of Muslim Law

Schools of Hindu Law and Schools of Muslim Law

Unit-II: Introduction to Marriage Laws

Concept of Marriage, Nature of Marriage, Essential Conditions of Marriage, Registration of Marriages

(Hindu Marriage Act, 1955; Muslim Marriage, Special Marriage Act, 1954)

Matrimonial Reliefs

Annulment, Restitution of conjugal Rights, Judicial separation, Theories of Divorce, Conditions for
grant of matrimonial remedies, (Hindu Marriage Act,1955, Special Marriage Act,1954)

Matrimonial Remedies for Muslims (Talaq, Ila, Zihar, Tafwiz, khula, Mubara), Muslim wife’s grounds
of divorce, Dissolution of Muslim Marriage Act, 1939, The Muslim Women (Protection of Rights on
Marriage) Act,2019 : Barsto Matrimonial Relief.

Maintenance

Maintenance of divorced wives, neglected wives, minor children and parents (Hindu
MarriageAct,1955, Hindu Adoptions and Maintenance Act; 1956)

Maintenance of Muslims wives during and after divorce; Muslim Women (Protection of Rights on
Divorce) Act, 1986, : Maintenance under Sec.125 of Cr.P.C.

Maintenance of Parents and Senior Citizens Act,2007

Unit-III: Child and the Family

Parentage and Legitimacy, Legal status of Child born of void and voidable Marriage under Hindu Law,

Acknowledgement of Paternity, Legitimacy and Legitimation, Legitimacy under Sec.112 of Indian

Evidence Act,1872

Adoption and Custody, Hindu Law (Hindu Adoption and Maintenance Act,1956) Juvenile Justice Care
and Protection Act,2015, Inter-Country Adoption

Guardianship (Hindu Minority and Guardianship Act,1956 and Muslim Law)

Customary Practice and the Law

Dower, Types of Dower, Nature of Dower, Muslim Women’s right on non-payment of Dower Dower
whether heritable or transferable

Offences against Marriage-Adultery, Bigamy, Same Sex Marriages, Demand of Dowry (Dowry
Prohibition Act, 1961, Protection of Women from Domestic Violence Act,2005) Child Marriage
(Prohibition of Child MarriageAct,2006)

Unit-IV: Family Court and the Need for UCC

Composition, Power and functions of Family Courts (Family Courts Act,1984): Article 44 of the Indian
Constitution

Recent Trends in Family Law : Live-in relationship, Concept of Palimony, Surrogacy

 Paper IX : Public International Law

Unit-I: Nature, Scope, and Development of International Law

Definition, Nature & Basis of International Law : Codification of International Law :

Subjects of International Law :

Relationship between International and Municipal Law :

Third World and International Law

Unit-II: Recognition of State :

Nature of State : Recognition (De facto and De jure recognition) :

Succession :

Acquisition and Loss of Territory

Unit-III: Jurisdiction, Power and Immunities in International Law

Nationality :

Extradition :

Asylum :

Diplomatic Agents : T

reaties

Unit-IV: International Organizations

International Organizations :

United Nations Organizations :

Security Council :

International Court of Justice : International Criminal Court :

Regional Organizations (EU, SAARC and ASEAN)

 Paper X : Company Law

Unit- I: Formation, Registration and Incorporation of Company

Need of Company for development, Definition, meaning, nature and kinds of Company including

one person company,

comparison between Company and Partnership and Company and Limited Liability Partnership,

theory of corporate personality,

Advantages and disadvantages of corporate form of enterprise,

Lifting of corporate veil, position of promoters and pre-incorporation contracts, formation of

company and registration of company.

Unit-II: Memorandum of Association and Prospectus

Clauses in Memorandum of Association including the doctrine of Ultra Vires, alteration of

Memorandum,

Articles of Association and its contents, relationship of Articles with Memorandum, alteration of

Articles, doctrine of constructive notice with its exceptions.

Prospectus- Definition; contents; Shelf-Prospectus and Red Herring Prospectus; remedies

against misrepresentation in Prospectus, Liability- Civil and criminal.

Unit- III: Shares/Debentures and Meetings

Equity finance- Shares and their kinds including equity and preference shares, general

principles of allotment and statutory restrictions on allotment, share certificate, transfer of

shares. Share capital and its kinds. Debt Finance- Definition, kinds and remedies of debenture

holders.

Directors- Position and Powers, Director Identification Number, Corporate social responsibility.

Meetings- Kinds, Procedure, Voting.

Unit -IV: Winding Up and Adjudicatory Bodies

Winding up under the Companies Act 2013- Winding up by the Tribunal, grounds for

compulsory winding up, who can make petition, company liquidator and winding up committee,

consequences of winding up order. Winding up under the Insolvency & Bankruptcy Code, 2016-

Voluntary liquidation of a company, Default in payment of debts, Corporate Insolvency

Resolution Process, Interim Resolution professional, committee of creditors.

National Company Law Tribunal and National Company Law Appellate Tribunal-powers,

jurisdiction and Judicial review