Llmsyllabus
Llmsyllabus
Llmsyllabus
a) A candidate seeking admission into LL.M (Research ) Degree course should have passed
3Year / 5year B.L / LL.B Degree examination or equivalent thereto, with a minimum of 40% of
marks on the aggregate of all the years including internal assessment / Sessional marks if any.
Besides, the candidate has to qualify in the prescribed entrance examination of that year.
(PGLCET)
b) The total seats sanctioned for each branch classified into two categories namely i.e. convener
seats 80% and management quota seats 20%.
II. COURSE OF STUDY: The course shall be a regular / full time course with the branches of
(1) Constitution and Legal Order and (2) Criminal Law. The course of study shall be of two
academic years consisting of four semesters where in first and second semesters during the first
academic year and third and fourth semesters during second academic year. The duration of each
semester is ninety instruction days of six hours a day including the days allotted for tests,
examinations and preparation holidays. The inter semester break shall be two weeks.
b) The maximum mark for each theory paper shall be 100 where in 20 marks are allotted for
internal assessment and 80 marks for semester end university examination.
c).The maximum marks for practical trainings paper shall be l00 where in 50 marks for
research methodology, 25 marks for clinical work and 25 marks for Law teaching. This practical
training paper shall be taken up at the end of second semester. The faculty shall evaluate the
components of practical training internally. This paper is purely practical hence no university
examination. For details see the syllabus.
d). Dissertation and vivo-voce: At the end of fourth semester a candidate shall submit a
dissertation on any topic approved by the Supervisor faculty. The maximum marks allotted for
dissertation and vivo-voce shall be 200 where in 150 marks for dissertation written part and 50
marks for viva-voce examination. The submission of dissertation shall not be later than the last
working day of the course of study of 4th semester. The viva voce will be conducted at the end of
4th semester exams and on submission of dissertation. A Candidate who fails to submit his / her
dissertation for any reason has to submit the same along with subsequent batches or after
obtaining permission from HOD and faculty concerned.
IV. ATTENDANCE:
a). A candidate who gets 75% and above attendance in each semester shall be allowed for
university examinations.
b) Condonation for shortage of attendance may be considered in case of students who put in at
least 62.5% of attendance in each semester on recommendation of Head of the Institutions, may
also be allowed for university examinations.
1
c). A student who could not satisfy the above a & b requirements shall have to repeat that
semester again and put in again minimum required attendance then he/she be allowed for
university examinations.
V. PROMOTION
A student shall be eligible for promotion to the next semester, if he / she satisfies the
minimum attendance requirements as stipulated in IV a & b above, the semester in which he /
she studied, irrespective of his / her results, provided he / she should register for the semester end
university examinations along with his / her regular batch of students in that semester.
A candidate has to complete the course of study of LL.M Degree with any of the branch
already chosen within four years from the date of his/her admission with internal assessment
marks obtained during the course of study
a). Paper setting: The university for 80 mark semester end examinations and the college for 20
marks internal assessment shall set the question papers, as per the scheme of the examination.
b). Conduct of the examination: Semester end examination questions paper shall be sent to the
respective Principal of the concerned affiliated colleges by the controller of the examination and
the Principal of the affiliated college shall conduct the examination as per the schedule given by
the university.
VII. EVALUATION: - There shall be internal and external evaluation. The answer papers shall
be sent to The Controller of examination who will coordinate the evaluation of the answer paper
of semester end university examination of theory papers.
a. A candidate appearing for the first time for the examination for any semester has to
register for the whole examination of that semester
b A candidate shall be declared to have passed the whole (or) a part of the whole
examinations if he (or) she secured not less than 40% of marks in each theory / Practical /
semester end university examination and not less than 40% of marks in internal
assessment and semester end university examination put together. Paper wise pass is
allowed.
c In case of dissertation, the candidate should get 40% of marks in dissertation and an
aggregate of 40% of marks in dissertation and vivo-voce put together. A candidate Who
could not get pass marks for dissertation should submit the revised dissertation along
with the next batch of students in consultation with the supervisor
d. In case of practical training examination the faculty concerned shall evaluate the three
components of that paper. There shall be no semester end university examination.
However the paper is purely practical hence the student will have to undertake the model
exercises and involve himself / herself in the said three components practically i.e.,
i.Research methodology ii. Clinical work iii Law teaching. A candidate has to participate
in all the three components and should obtain 40% of marks. In case of a candidate
absents for any of the three components, he/she has to take part in all the three
components again along with the subsequent batch of students of that semester. See
details in the syllabus,
2
e. There shall be no supplementary examination since the course is in semester pattern.
The failed candidates shall appear for the same semester subjects in the next academic
year.
a. Those who secured 75% of marks and above shall be placed in "Distinction".
b Those who secured 60% and above but below 75% be placed in "First class".
e. Those who secured 50% and above but below 60% be placed in "Second class".
d. Those who secured40% and above but below 50% be placed in Third class".
e. Those who passed after completion of duration of the course be placed in "pass class",
X. AWARD OF RANKS:
a) Ranks shall be awarded for the top three students or 10% of the total strength of the
students in affiliated colleges whichever is higher provided the candidate who must pass all the
semester end examinations in first attempt on the basis of aggregate marks in all the 4 semester
marks put together.
b) Supplementary / Improvement candidates are not eligible for the award of the ranks.
The candidates are permitted to improve their marks in one or more theory papers of any
semester as per the regulations and the syllabus in force. If the candidate fails to improve the
marks, original marks stands. There is no provision for improving the marks of dissertation. The
candidate shall be permitted to improve their marks within the period of 8 semesters, from the
date of his/her admission into first semester.
A candidate for the award of the LLM (Research) Degree with the branch already chosen
at the time of admission shall be required to satisfy the following conditions:
a. The program of study for the LL.M (Research Degree) shall cover normally a period of
two academic years comprising of 4 semesters.
b. No students shall be permitted to complete the course of study of LL.M Degree earlier
than 4 semesters or to take not more than 8 semesters. Failing which he / she shall forfeit
his/ her seat in LL.M.
XIII. RESIDUARY:
The university shall have the right to amend or modify or alter any of the above regulations
whenever necessary.
3
4
2 YEARS LL.M DEGREE COURSE
(Semester System)
Scheme of instruction and examination for Affiliated colleges w.e.f.-2010-11
Branch – I- Constitution and Legal Order
Semester Course Title of Course Internal University Total Duration
Code Assessment Exam Marks
II
Semester LL.M 203 Human Rights 20 Marks 80 Marks 100 3 Hours
5
2 YEARS LL.M DEGREE COURSE
(Semester System)
Scheme of instruction and examination for Affiliated colleges w.e.f.-2010-11
III
Semester
LL.M 302 Juvenile Delinquency 20 Marks 80 Marks 100 3 Hours
6
S.V. UNIVERSITY
2 YEARS LL.M. (Semester System) DEGREE COURSE
Scheme of instruction and examination
For Affiliated college offering LL.M. Degree Course with effect from the academic year 2010-11.
Branch – I - Constitution and Legal Order
LL.M 101 Law and Social Transformation in India 20 Marks 80 Marks 100 Marks 3 Hours
LL.M 102 Indian Constitutional Law: The New Challenges 20 Marks 80 Marks 100 Marks 3 Hours
st
1 Semester
7
LL.M 103 Constitutionalism, Pluralism and Federalism 20 Marks 80 Marks 100 Marks 3 Hours
LL.M 104 Union – State Financial Relations 20 Marks 80 Marks 100 Marks 3 Hours
S.V. UNIVERSITY
2 YEARS LL.M. (Semester System) DEGREE COURSE
Scheme of instruction and examination
For Affiliated college offering LL.M. Degree Course with effect from the academic year 2010-11.
Branch – II - Criminal Law
LL.M 101 Law and Social Transformation in India 20 Marks 80 Marks 100 Marks 3 Hours
8
LL.M 102 Indian Constitutional Law: The New Challenges 20 Marks 80 Marks 100 Marks 3 Hours
st
1 Semester
LL.M 103 Penology; Treatment of Offenders 20 Marks 80 Marks 100 Marks 3 Hours
LL.M 104 Priviledged Class Deviance 20 Marks 80 Marks 100 Marks 3 Hours
LL.M. SYLLABUS
I SEMESTER
Select Bibliography
1. Marc Galanter (ed.), Law and Society in Modern India (1997 ) Oxford,
2. Robert Lingat, The Classical Law of India (1998), Oxford
3. U. Baxi, The Crisis of the Indian Legal System (1982). Vikas, New Delhi.
4. U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi, Bombay.
5.Manushi, A Journal About Women and Society.
6. Duncan Derret, The State, Religion and Law in India (1999). Oxford University Press, New
Delhi.
7. H.M. Seervai, Constitutional Law of India (1996), Tripathi.
8. D.D. Basu, Shorter Constitution of India (1996), Prentice - Hall of India (P) Ltd., New Delhi.
9. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000) Armol Publications,
Delhi.
10. Savitri Gunasekhare, Children, Law and Justice (1997), Sage
11. Indian Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)
12. J.B. Kripalani, Gandhi: His Life and Thought, (1970)Ministry of Information and
Broadcasting, Government of India
13. M.P.Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.
9
14. Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999),
Oxford
UNIT-I Federalism
Creation of new states, The inter-state disputes on resources, Centre's responsibility and internal
disturbance within States, Federal Comity : Relationship of trust and faith between Centre and
State, Special status of certain States, Tribal Areas, Scheduled Areas.
Select bibliography
No specific bibliography is suggested for this course since the course materials obviously
depends upon the latest developments. These developments in the areas specified in the course
can be gathered from the recent materials such as case law, changes and amendments of laws,
critical comments, studies and reports, articles and research papers and lastly contemporary
emerging ethos impacting on constitutional values.
10
UNIT – III: Pluralism
What is a pluralistic society, Ethnic, linguistic, cultural, political pluralism individual rights –
right to dissent, Freedom of speech and expression, Freedom of religion, Freedom of association,
Rights of the religious and linguistic minorities.
Select Bibliography:
1. Upendra Baxi, “Law, Democracy and Human Rights” – 5 Lokayan Bulletin 4 (1987)
2. V.M. Dandekar “Unitary Elements in a Federal Constitution” 22 E.P.W 1965 (1988)
3. Rajeev Dhanvan, “The Press and Constitutional Guarantee of Free Speech and
Expression” 28 J.I.L.I 299 (1986)
4. M.A. Fazal “Drafting an British Bill of Rights” 27, J.I.L.I 423(1985)
5. M.P. Jain “Indian Constitutional Law” (1994), Wadhwa
6. Jagat Narain “Judicial law making and the place of the Directive Principles in the Indian
Constitution”, J.I.L.I 198 (1985)
7. Rhett Ludkwikowski, “Judicial Review in the socialist legal systems: Current
Development” 37 I.C.I.D. 89-108 (1988)
8. S.P.Sathe, Fundamental Rights and Amendement of Indian Constitution, (1968)
9. H.M. Seervai, Constitutional Law of India (1993), Tripati, Bombay
10. The Role of Judiciary in plural societies edited by Neale Tiruchuvam Radhika kumara
swamy
UNIT – III: Distribution of tax Revenues and Borrowing Power of the state
Tax-sharing under the constitution finance commission – specific purpose grants (article 282),
Borrowing by the government of India, Borrowing by the states.
UNIT – IV: Inter – State Trade and Commerce under the Indian constitution
11
Freedom of Inter-State trade and commerce, restrictions on legislative power of the Union and
States with regard to trade and commerce
Select Bibliography:
1. H.M. Seervai, Constitutional Law of India (1991), Tripati, Bombay
2. Sudha Batnagar, Union-State financial Relations and Finance Commissions, (1979)
3. Ashok Chandra, Federalism in India, (1965)
4. V.D. Sebastian, Indian Federalism :The Legislative Conflicts Chs. 6,7 & 8 (1980)
5. Chandrapal, Center-State Relations and cooperative federalism. Chs. 5 & 8 (1983)
6. G.C.V Subba Rao, Legislative Powers in Indian Constitutional law, Chs 37,38 & 39
(1982)
7. Richard M. Pious, the American Presidency, 293-331, Ch. 9 (1979)
8. Daniel J. Elzar, American Federalism. Chs 3 & 4 (1984)
9. K.P. Krishna Shetty, The law of Union-State Relations and the Indian Federalism Ch. 9
(1981)
10. Report of the English Finance corporation
11. Administrative Reforms commission on center-state relationship Ch.3 (1969)
12. Constituent Assembly debates Vol. 9, 203, 240 and 302-349; Vol 10, 325-342
13. Administrative reforms commission, Report of study Team o central-state relationship
(1967) Vol. 1 Sections land 11 pp. IS-168
14. L.M. Singhvi (ed), Union state Relations in India 124-154 (1969)
15. Government of Tamilnadu report of the Center – State Relations Inquiry committee Ch. 5
(1971)
16. D.T. Lakadwala, Union – State Financial Relations (1967)
17. M.P. Jain “Indian Constitutional Law” (1994), Wadhwa
18. K. Subba Rao, The Indian Federation (1969)
19. K.C. Wheare, Federal Government (1963)
12
LL.M. SYLLABUS
I SEMESTER
The following syllabus prepared with this perspective will be spread over a period of one
semester.
Syllabus
1. Introductory
1.1. Definition of Penology
2. Theories of Punishment
2.1. Retribution
2.2. Utilitarian prevention: Deterrence
2.3. Utilitarian: Intimidation
2.4. Behavioural prevention: Incapacitation
2.5. Behavioural prevention: Rehabilitation - Expiation
2.6. Classical Hindu and Islamic approaches to punishment.
13
3.3. Law Reform Proposals
4. Approaches to Sentencing
4.1. Alternatives to Imprisonment
4.1.1. Probation
4.1.2. Corrective labour
4.1.3. Fines
4.1.4. Collective fines
4.1.5. Reparation by the offender/by the court
5. Sentencing
5.1. Principal types of sentences in the Penal Code and special laws
5.2. Sentencing in white collar crime
5.3. Pre-sentence hearing
5.4. Sentencing for habitual offender
5.5. Summary punishment
5.6. Plea-bargaining
6. Imprisonment
6.1. The state of India's jails today
6.2. The disciplinary regime of Indian prisons
6.3. Classification of prisoners
6.4. Rights of prisoner and duties of custodial staff.
6.5. Deviance by custodial staff
6.6. Open prisons
6.7. Judicial surveillance - basis - development reforms
Select bibliography
S. Chhabbra, The Quantum of Punishment in Criminal Law (1970),
H.L.A. Hart, Punishment and Responsibility (1968)
Herbert L. Packer, The Limits of Criminal Sanction (1968)
Alf Ross, On Guilt, Responsibility and Punishment (1975)
A. Siddique, Criminology (1984) Eastern, Lucknow.
Law Commission of India, Forty-Second Report Ch. 3 (1971)
K.S. Shukla, "Sociology of Deviant Behaviour" in 3 ICSSR Survey of Sociology and Social
Anthropology 1969-179 (1986)
Tapas Kumar Banerjee, Background to Indian Criminal Law (1990), R.Campray & Co.,
Calcutta.
14
classes" in a society like India should not pose major problem at all; the expression nearly
includes weilders of all forms of state and social (including religious) power. Accordingly, the
course focuses on the relation between privilege power and deviant behaviour. The traditional
approaches which highlight "white-collar offences", "socio-economic offences" or "crimes of the
powerful" deal mainly with the deviance of the economically resourceful. The dimension of
deviance associated with bureaucracy, the new rich (nouveau riche), religious leaders and
organizations, professional classes and the higher bourgeoisie are not fully captured here.
In designing teaching materials for this course, current developments in deviance, as reflected in
newspapers/journals, law reports, and legislative proceedings should be highlighted.
Syllabus
1. Introduction
1.1. Conceptions of white collar crimes
1.2. Indian approaches to socio-economic offences
1.3. Notions of privileged class deviance as providing a wider categorization of
understanding Indian development
1.4. Typical forms of such deviance
1.4.1. Official deviance (deviance by legislators, judges, bureaucrats)
1.4.2. Professional deviance: journalists, teachers, doctors, lawyers, engineers, architects
and publishers
1.4.3. Trade union deviance (including teachers, lawyers/urban property owners)
1.4.4. Landlord deviance (class/caste based deviance)
1.4.5. Police deviance
1.4.6. Deviance on electoral process (rigging, booth capturing, impersonation, corrupt
practices)
1.4.7. Gender-based aggression by socially, economically and politically powerful
NOTE: Depending on specialist interest by the teacher and the taught any three areas of deviance
of privileged class may be explored. What follows is only illustrative of one model of doing the
course.
2. Official Deviance
2.1. Conception of official deviance - permissible limit of discretionary powers.
2.2. The Chambal valley dacoit Vinoba Mission and Jai Prakash Narain Mission - in
1959 and 1971
15
2.3. The Chagla Commission Report on LIC-Mundhra Affair
2.4. The Das Commission Report on Pratap Singh Kairon
2.5. The Grover Commission Report on Dev Raj Urs
2.6. The Maruti Commission Report
2.7. The lbakkar-Natarajan Commission Report on Fairfax.
3. Police Deviance
3.1. Structures of 1egal restraint on police powers in India
3.2. Unconstitutionality of "third-degree" methods and use of fatal force by police
3.3. "Encounter" killings
3.4. Police atrocities
3.5. The plea of superior orders
3.6. Rape and related forms of gender-based aggression by police and para-military forces
3.7. Reform suggestions especially by the National Police Commissions
4. Professional Deviance
4.1. Unethical practices at the Indian bar
4.2. The Lentin Commission Report
4.3. The Press Council on unprofessional and unethical journalism
4.4. Medical malpractice
Select bibliography
Upendra Baxi, The Crisis of the Indian Legal System (1982) Vikas Publishing House, New
Delhi.
Upendra Baxi (ed.), Law and Poverty: Essays (1988)
Upendra Baxi, Liberty and Corruption: The Antulay Case and Beyond (1989)
Surendranath Dwevedi and G.S. Bbargava, Political Corruption in India (1967)
A.R. Desai (ed.) Violation of democratic Rights in India (1986)
A.G. Noorani, Minister's Misconduct (1974)
B.B. Pande, 'The Nature and Dimensions of Privileged Class Deviance" in The Other Side of
Development 136 (1987; K.S. Shukla ed.).
Indira Rotherm und, "Patterns of Trade Union Leadership in Dhanbad Coal fields" 23 J.I.L.I 522
(1981)
16
S.V. UNIVERSITY
2 YEARS LL.M. (Semester System) DEGREE COURSE
Scheme of instruction and examination
For Affiliated college offering LL.M. Degree Course with effect from the academic year 2010-11.
Branch – I - Constitution and Legal Order
17
2nd Semester
LL.M 203 Human Rights 20 Marks 80 Marks 100 Marks 3 Hours
18
2nd Semester
LL.M 203 Drug Addiction, Criminal Justice and Human Rights 20 Marks 80 Marks 100 Marks 3 Hours
II SEMESTER
Bibliography
1. High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active
Learning in your Law School, (1998) Blackstone Press Limited, London
2. S.K.Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay.
3. N.R. Madhava Menon, (ed) A Handbook of Clinical Legal Education, (1998) Eastern
Book Company, Lucknow.
4. M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)
5. Pauline V. Young, Scientific Social Survey and Research, (1962)
6. William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book
Company, London
7. H.M.Hyman, Interviewing in Social Research (1965)
8. Payne, The Art of Asking Questions (1965)
9. Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)
19
10. Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.
11. Havard Law Review Association, Uniform System of Citations.
12. ILI Publication, Legal Research and Methodology.
Select Bibliography
1. Julius Store, The Province and Function of Law, Part II, Chs. 1. 8-16 (2000), Universal,
New Delhi.
2. Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi
3. Henry J.Abraham , The Judicial Process (1998), Oxford.
4. J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworths
5. W.Friedmann, Legal Theory (1960), Stevens, London
6. Bodenheimer, Jurispurdence - the Philosophy and Method of the Law (1997), Universal,
Delhi
7. U.Baxi, The Indian Supreme Court and Politics (1980), Eastern,Lucknow.
8. Rajeev Dhavan, The Supreme Court of India - A Socio -Legal Critique of its Juristic
Techniques (1977), Tripathi, Bombay.
9. John Rawls, A Theory of Justice (2000), Universal, Delhi
10. Edward H.Levi, An Introduction to Legal Reasoning (1970), University of Chicago
20
LL.M. – 203 : HUMAN RIGHTS
(Branch – I - Constitution and Legal Order only)
Unit - 1. Panoramic View of Human Rights
Human Rights in Non-western Thought, Awareness of Human rights during the nationalist
movement, Universal Declaration of Human Rights, Constituent Assembly and Part III, drafting
process, Subsequent developments in International Law and the Position in India (e.g.
Convention of Social discrimination, torture, gender discrimination, environment and the two
human rights covenants.) Fundamental Rights Jurisprudence as Incorporating Directive
Principles. The Interaction between F.R and D.P.
Select bibliography
1. M.J. Akbar, Riots After Riots (1988)
2. U.Baxi (ed.), The Right to be Human (1986)
3. U.Baxi, The Crisis of the Indian Legal System (1982), Vikas Publishing House, New
Delhi.
4. F.Kazmi, Human Rights (1987)
5. L.Levin, Human Rights (1982)
6. Madhavtirtha, Human Rights (1953)
7. W.P. Gromley, Human Rights and Environment (1976)
8. H. Beddard, Human Rights and Europe (1980)
9. Nagendra Singh, Human Rights and International Co-operation (1969)
10. S.C. Kashyap, Human Rights and Parliament (1978)
11. S.C. Khare, Human Rights and United Nations (1977)
12. Moskowitz, Human Rights and World Order (1958)
13. J.A. Andrews, Human Rights in International Law (1986)
14. Menon (ed.), Human Rights in International Law (1985)
15. A.B. Robertson (ed), Human Rights in National and International Law (1970)
16. Upendra Baxi, "Human Rights, Accountability and Development" Indian Journal of
international law 279 (1978)
21
LL.M 204. PRACTICAL EXAMINATION
(Common for Both Branches)
The practical examination shall be held in the second semester on Research Methodology, Law
Teaching and Clinical work. There shall be 25 marks each for doctrinal research and for non-
doctrinal research and 25 marks each for law teaching and clinical work. How the components of
practical shall be evaluated is left to individual faculties of law. They can formulate their own
models of assessment. However, for making the practical examination objective and meaningful,
the following guidelines shall be adhered to.
1. Research Methodology
II SEMESTER
22
1.1.4. "Trafficking" in "drugs"
1.1.5. "Primary drug abuse"
Unit - 2. How Does One Study the Incidence of Drug Addiction and Abuse?
2.1. Self-reporting
2.2. Victim-studies
2.3. Problems of comparative studies
23
6.4. Bail
6.5. The Problem of differential application of the Ugal Regimes, especially in
relation to the resource less
Select bibliography
1. H.S. Becker, Outsiders : The Studies in Sociology of Deviance (1966)
2. J.A. Incard, C.D. Chambers, (eds.), Drugs and the Criminal Justice System (1974)
3. R. Cocken, DrugAbuse andpersonality in Young Offenders (1971)
4. G. Edwards Busch, (ed.) Drug Problems in Britain : A Review of Ten Years (1981)
5. P. Kondanram and Y.N. Murthy, "Drug Abuse and Crime : A Preliminary Study"
7 Indian Journal of Criminology, 65-68 (1979)
6. P.R. Rajgopat Violence and Response: A Critque of the Indian Criminal System
(1988)
7. United Nations, Economic and Social Reports of the Commission on Narcotic
Drugs, United Nations
8. Social Defence, Research Institute (UNSDRI) Combating Drug Abuse and
Related Crimes (Rome, July 1984, Publication No. 21).
9. Lok Sabha and Rajya Sabha Debates on 1986 Bill on Psychotropic Substances.
Useful Journals in this area are:
(i) The Law and Society Review (USA)
(ii) Journal of Drug Issues (Tallahassee Florida)
(iii) International Journal of Addictions (New York)
(iv) British Journal of Criminology
(v) Journal of Criminal Law, Criminology and Police Science (Baltimore , Md.)
(vi) Journal of Criminal Law and Criminology (Chicago, III)
(vii) International Journal of Offender Therapy and Comparative Criminology
(London)
(viii) Bulletin on Narcotics (United Nations)
24
S.V. UNIVERSITY
2 YEARS LL.M. (Semester System) DEGREE COURSE
Scheme of instruction and examination
For Affiliated college offering LL.M. Degree Course with effect from the academic year 2010-11.
Branch – I - Constitution and Legal Order
25
Course
Semester Title of the Course
Code
LL.M 301 Public Utilities Law 20 Marks 80 Marks 100 Marks 3 Hours
3rd Semester LL.M 302 National Security, Public Order and Rule of Law 20 Marks 80 Marks 100 Marks 3 Hours
LL.M 303 Mass Media Law 20 Marks 80 Marks 100 Marks 3 Hours
S.V. UNIVERSITY
2 YEARS LL.M. (Semester System) DEGREE COURSE
Scheme of instruction and examination
For Affiliated college offering LL.M. Degree Course with effect from the academic year 2010-11.
Branch – II - Criminal Law
26
Course Internal University Total
Semester Title of the Course Duration
Code Assessment Exam Marks
LL.M 301 Comparative Criminal Law 20 Marks 80 Marks 100 Marks 3 Hours
3rd Semester LL.M 302 Juvenile Delinquency 20 Marks 80 Marks 100 Marks 3 Hours
LL.M 303 Collective Violence and Criminal Justice System 20 Marks 80 Marks 100 Marks 3 Hours
BRANCH –I – CONSTITUTION AND LEGAL ORDER
III SEMESTER
Select bibliography
1. P.M. Bakshi, Television and the Law, (1986)
2. Vasant Kelkar, "Business of Postal Service" 33 I.J.PA. pp. 133-141 (1987)
3. G. Ramesh, "Characteristic of Large Service Organisation in a Developing Country Like
India" 32 I.J.PA. 77 (1986)
4. Nalini Paranjpe, "Planning for Welfare in the Indian Railways" 31 I.J.PA. 171-180
(1985)
5. Arvind K. Sharrna "Semi-Autonomous Enterprise: Conceptual Portrait –
6. Further Evidence on the Theory of Autonomy" 33 I.J.PA. p. 99-113.
7. S.P. Sathe, Administrative Law (1998)
8. Jain & Jain, Principles of Administrative Law, (1986)
9. Jagdish Ul, Handbook of electricity Laws, (1978)
10. Bhaumik, The Indian Railways Act, (1981)
11. Law Commission of India, 38th Report : Indian Post Office Act, 1898, (1968)
12. Students should consult relevant volumes of Annual Survey of Indian Law published by
the Indian Law Institute (Constitutional Law I & II, Consumers Protection Law and
Labour Law)
27
LL.M. – 302 : NATIONAL SECURITY, PUBLIC ORDER
AND RULE OF LAW
(Branch – I - Constitution and Legal Order only)
Unit - 1. National Security, Public Orders and the Rule of Law
Emergency Detention in England - Civil Liberties, Subjective satisfaction or objective
assessment? Pre-Independence law, Martial Law Provisions in English law and in the Indian
Constitution.
Select bibliography
1. G.O. Koppell "The Emergency, The Courts and Indian Democracy" 8 J.I.L.I. 287 (1966)
2. H.M. Seervai, The Emergency, Future Safeguards and the habeas Corpus: A Criticism
(1978)
3. International Commission of Jurists, Status of Emergency and Human Rights (1984)
4. N.C. Chatterji and Parameshwar Rao, Emergency and the Law (1966).
28
Radio and television subject to law of defamation and obscenity, Power to legislate - Article 246
read with the Seventh Schedule, Power to impose tax - licensing and licence fee.
Select bibliography
1. M.P. Jain, Constitutional Law of India (1994) Wadhwa.
2. H.M. Seervai, Constitutional Law of India Vol.I (1991) Tripathi, Bombay.
3. John B. Howard, "The Social Accountability of Public Enterprises" in Law and
4. Community Controls in New Development Strategies (International Center for law in
Development 1980).
5. Bruce Michael Boyd, "Film Censorship in India: A Reasonable Restriction on Freedom
of Speech and Expression ". 14 J.I.L.I. 501 (1 972).
6. Rajeev Dhavan "On the Law of the Press in India" 26 J.I.L.I. 288 (1984).
7. Rajeev Dhavan, "Legitimating Government Rhetoric: Reflections on Some Aspects of the
Second Press Commission" 26 J.IL.I. 391 (1984).
8. Soli Sorabjee, Law of Press Censorship in India (1976).
9. Justice E.S. Venkaramiah, Freedom of Press: Some Recent Trends (1984).
10. D D. Basu, The Law of Press of India (1980).
11. Students should consult relevant volumes of the Annual Survey of Indian Law published
by the Indian Law Institute. (Constitutional Law 1 & 11, Administrative Law and Public
Interest litigation).
III SEMESTER
2. Pre-trial Procedures
2.1. Arrest and questioning of the accused
2.2. The rights of the accused
2.3. The evidentiary value of statements / articles seized / collected by the police
2.4. Right to counsel
2.5. Roles of the prosecutor and the judicial officer in investigation.
3. Trial Procedures
3.1. The accusatory system of trial and the inquisitorial system
3.2. Role of the judge, the prosecutor and defence attorney in the trial
3.3. Admissibility and inadmissibility of evidence
3.3.1. Expert evidence
3.4. Appeal of the court in awarding appropriate punishment.
3.5. Plea bargaining
29
5. Preventive Measures in India
5.1. Provisions in the Criminal Procedure Code
5.2. Special enactments
Select bibliography
1. Celia Hamptom, Criminal Procedure
2. Wilkins and Cross, Outline of the Law of Evidence
3. Archbold, Pleading, Evidence and Practice in Criminal Cases
4. Sarkar, Law of Evidence
5. K.N.Chandrasekharan Pillai(ed.), R.V. Kelkar's Outlines of Criminal Procedure (2000),
Eastern, Lucknow.
6. Patric Devlin, The Criminal Prosecution in England
7. American Series of Foreign Penal Codes Criminal Procedure Code of People's Republic
of China.
8. John N. Ferdico, Criminal Procedure (1996), West
9. Sanders & Young, Criminal Justice (1994)
10. Christina Van Den Wyngart, Criminal Procedure Systems in European Community Joel
Samaha,
11. Criminal Procedure (1997), West
12. Criminal Procedure Code,1973
13. The French Code of Criminal Procedure,
14. 14th and 41st Reports of Indian Law Commission.
15. The Paper will be taught with reference, wherever necessary, to the procedures in India,
England, US France, Russia and China
3. Legislative Approaches
3.1. Legislative approaches during the late colonial era.
3.2. Children's Act
3.3. Legislative position in various States
3.4. The Juvenile Justice Act
3.4.1. Constitutional aspects.
3.4.2. Distinction between "Neglected" and "delinquent" juveniles.
30
3.4.3. Competent authorities
3.4.4. Processual safeguards for juveniles
3.4.5. Powers given to government
3.4.6. Community participation as envisaged under the Act
4. Indian Context of Juvenile Delinquency
4.1. The child population percentage to total sex-ratio, urban/rural/rural-urban
4.2. Neglected - below poverty line, physically and mentally disabled, orphans, destitutes,
vagrants.
4.3. Labourers
4.3.1. In organised industries like zari, carpet, bidi, glass
4.3.2. In unorganised sector like domestic servant, shops and establishments, rag-pickers
family trade.
4.4. Delinquent - number, sex-ratio, ratio to adult crime, types of offences committed,
recidivism, rate of increase background
4.5. Drug addicts
4.6. Victims
4.6.1. Of violence - sexual abuse, battered, killed by parents
4.6.2. Of criminal activities like bootlegging, drug pollution as a response of protective
approach
5. Judicial Contribution
5.1. Social action litigation concerning juvenile justice
5.2. Salient judicial decisions
5.3. Role of legal profession in juvenile justice system.
6. Implementation
6.1. Institutions, bodies, personnel
6.2. Recruiting and funding agencies
6.3. Recruitment qualifications and salaries or fund
6.4. Other responsibilities of each agency/person
6.5. Coordination among related agencies
6.6. Accountability-annual reports and accessibility of public to juvenile justice
institution.
7. Preventive Strategies
7.1. State Welfare programmes health, nutrition, ICWS, grants-in-aid
7.2. Compulsory education
7.3. Role of community, family, voluntary, bodies, individuals.
Select bibliography
1. National institute of Social Defence, Model Rules under the Juvenile Justice Act, 1986,
(1986)
2. K.S. Shukla, Adolescent Offender (1985)
3. United Nations, Beijing Rules on Treatment of Young Offenders (1985)
4. Myron Weiner, The Child and State in India (1990)
5. The United Nations Declaration on the Rights of Children
6. UNICEF periodic materials
1. Introductory
31
1.1. Notions of "force", "coercion", "violence"
1.2. Distinctions: "symbolic" violence, "institutionalised' violence, "structural violence"
1.3. Legal order as a coercive normative order
1.4. Force-monopoly of modem law
1.5. "Constitutional" and "criminal" speech: Speech as incitement to violence
1.6. "Collective political violence" and legal order
1.7. Notion of legal and extra-legal "repression"
5. Communal Violence
5.1. Incidence and courses of "communal" violence
5.2. Findings of various commissions of enquiry
5.3. The role of police and para-military systems in dealing with communal violence
5.4. Operation of criminal justice system tiring, and in relation to, communal violence
NOTE: Choice of further areas will have to be made by the teacher and the taught
Select bibliography
1. U. Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and Social
Change: Indo- American Reflections 92 (1988)
2. U. Baxi (ed.), Law and Poverty: Critical Essays, (1988)
3. A.R. Desal, (ed.) Peasant Struggles in India, (1979)
4. A.R. Desai, Agrarian Struggles in India: After Independence (1986) A.R. Desai,
Violation of democratic Rights in India (1986)
5. D.A. Dhangare, Peasant Movement in India: 1920-1950 (1983)
6. Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India (1983) Ranjit
Guba, (ed, ) Subaltern Studies Vol. 1-6 (1983-1988)
7. T. Honderich, Violence for Equality (1980)
8. Mark Juergensmeyer, "The Logic of Religious Violence: The Case of Punjab" 22
Contributions to Indian Sociology 65 (1988)
9. Rajni Kothari, State Against Democracy (1987)
10. G. Shah, Ethnic Minorities and Nation Building: Indian Experience (1984)
11. K.S. Shukla, "Sociology of Deviant Behaviour," in 3 ICSSR Survey of Sociology and
Social Anthropology 1969-1979 (1986)
32
S.V. UNIVERSITY
2 YEARS LL.M. (Semester System) DEGREE COURSE
Scheme of instruction and examination
For Affiliated college offering LL.M. Degree Course with effect from the academic year 2010-11.
Branch – I – Constitution and Legal Order
Branch – II - Criminal Law
33
Course Internal University Total
Semester Title of the Course Duration
Code Assessment Exam Marks
4th Semester LL.M 401 Dissertation and Viva-Voce. Viva Dissertation 200 Marks
50 Marks 150 Marks
BRANCH –I – CONSTITUTION AND LEGAL ORDER
&
BRANCH – II – CRIMINAL LAW
IV SEMESTER
34