Annexure-197 LL.M. (2 Year - 3 Year)

Faculty of Law, University of Delhi
UNIVERSITY OF DELHI
MASTER OF LAWS (2Year/3 Year)
LL.M. (2 Year/3 Year)
(Effective from Academic Year 2019-20)
PROGRAMME BROCHURE
LL.M. Revised Syllabus as approved by Academic Council on XXXX, 2019 and
Executive Council on YYYY, 2019
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Department of Law, University of Delhi
CONTENTS
Page
I. About the Department 03

II. Introduction to CBCS 05/21
Scope
Definitions
Programme Objectives (POs)
Programme Specific Outcomes (PSOs)
III. LL.M. Programme Details 06/22
Programme Structure
Eligibility for Admissions
Assessment of Students’ Performance
and Scheme of Examination
Pass Percentage & Promotion Criteria:
Semester to Semester Progression
Conversion of Marks into Grades
Grade Points
CGPA Calculation
Division of Degree into Classes
Attendance Requirement
Span Period
Guidelines for the Award of Internal Assessment Marks
LL.M. Programme (Semester Wise)
IV. Course Wise Content Details for LL.M. Programme 35
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I. About the Department

The Faculty o f Law was es tablished in 1924 b y University of Delhi. Dr. Hari S ingh G aur,
was its first Dean and was also the Vice Chancellor of the University. The Faculty o f Law
was i nitially l ocated i n t he P rince's P avilion i n the O ld V ice R egal Lodge G rounds. In t he
year 1963 i t was moved to its present location on C hhatra Marg, North Campus, University
of Delhi and one more building, Umang Bhawan, near the old premise on the Chhatra Marg
is allotted by university of Delhi in 2015 to the Faculty of Law.
In 1944, one year Master of Laws (LL.M.) was introduced. The LL.M. Course was made a
full-time two-year C ourse i n t he year 1947. T his course continues t ill date. S tudents t aking
admission i n L L.M. ( Two-years) co urse ar e r equired t o f ile an a ffidavit declaring t hat t hey
are not engaged in any trade, profession, business, or employment, etc. Mid-Sixties saw the
introduction of t wo year c ourse t itled M aster o f C omparative Laws ( M.C.L.) for f oreign
students. A round t he s ame t ime LL.M. ( Three Year) w as i ntroduced t o e nable w orking
persons t o a cquire t he L L.M. de gree b y s tudying t he s ame c ourses o f LL.M. ( Two Y ear)
spread over a period of three years.
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UNIVERSITY OF DELHI
MASTER OF LAWS (2 Year)
LL.M. (2 Year)
(Effective from Academic Year ……..)
PROGRAMME BROCHURE

38
II. Introduction to CBCS (Choice Based Credit System)

Choice Based Credit System:
The C BCS pr ovides a n oppor tunity for t he s tudents t o c hoose courses f rom t he p rescribed
courses comprising core, elective/minor or skill-based courses. The courses can be evaluated
following the grading s ystem, which is considered to be better than the conventional marks
system. G rading s ystem pr ovides uni formity i n t he e valuation a nd c omputation of t he
Cumulative G rade P oint A verage ( CGPA) ba sed on s tudent’s pe rformance i n e xaminations
which enables t he s tudent t o m ove across i nstitutions of hi gher l earning. The uni formity i n
evaluation s ystem also e nable t he pot ential e mployers in assessing th e p erformance o f th e
candidates.
Definitions:
(i) ‘ Academic P rogramme’ me ans an e ntire course o f s tudy c omprising its p rogramme
structure, c ourse de tails, e valuation s chemes e tc. de signed t o be t aught a nd e valuated i n a
teaching Department/Centre or jointly under more than one such Department/ Centre.
(ii) ‘Course’ means a segment of a subject that is part of an Academic Programme.
(iii) ‘ Programme S tructure’ m eans a l ist o f co urses ( Core, E lective, Open E lective) t hat
makes u p an A cademic P rogramme, s pecifying t he s yllabus, C redits, hour s of t eaching,
evaluation a nd e xamination s chemes, m inimum number of c redits r equired f or s uccessful
completion of t he pr ogramme e tc. pr epared i n c onformity t o U niversity R ules, e ligibility
criteria for admission.
(iv) ‘ Core C ourse’ m eans a c ourse t hat a s tudent a dmitted t o a pa rticular pr ogramme m ust
successfully c omplete t o r eceive t he d egree a nd which c annot be s ubstituted b y a ny ot her
course.
(v) ‘Elective Course’ means an optional course to be selected by a student out of such courses
offered in the same or any other Department/Centre.
(vi) ‘ Open E lective’ m eans an el ective co urse w hich i s av ailable f or s tudents o f all
programmes, including s tudents of same department. Students of other Department will opt
these c ourses s ubject to f ulfilling o f e ligibility of c riteria a s la id d own by th e D epartment
offering the course.
(vii) ‘Credit’ m eans t he value assigned t o a course which i ndicates t he l evel of i nstruction;
One-hour lecture per week equals 1 Credit, 2 ho urs practical class per week equals 1 c redit.
Credit for a practical could be proposed as part of a course or as a separate practical course.
(viii) ‘SGPA’ means Semester Grade Point Average calculated for individual semester.
(ix) ‘CGPA’ is Cumulative Grade Points Average calculated for all courses completed by the
students at an y point of time. CGPA is calculated each year for both the semesters clubbed
together.
(x) ‘Grand CGPA’ is calculated in the last year of the course by clubbing together of CGPA
of two years, i.e., four semesters. Grand CGPA is being given in Transcript form. To benefit
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the s tudent a f ormula f or c onversation of G rand C GPA i nto % age m arks i s g iven i n t he
Transcript.
III. LL.M. Programme Details:

Programme Objectives (POs):
The LL.M. Programme is aimed at:
• Familiarising s tudents w ith la ws a nd ju dicial in terpretations a t th e national a nd
international level and a comparative study of the same.
• Apprising students of the legal system, rule of law, and administration of justice.
• Imparting professionally and socially relevant legal education.
• Sensitising s tudents towards t he i ssues of a ccess t o j ustice of t he
deprived, marginalised and weaker sections of society.
• Producing i nternationally competent litigating l awyers, c orporate la wyers, ju dges,
judicial officers, legal officers, researchers, law reformers, law teachers, etc.
• Imparting skills of legal reasoning, problem solving, research, legal writing, oral and
written communication, persuasion, leadership and teamwork.
• Promoting ethical practices in the profession of law.
• Promoting inter-disciplinary approach to legal profession.
Programme Specific Outcomes (PSOs):

At the end of the LL.M. course, the students will be able to:
• Do legal research.
• Understand, interpret, and apply law.
• Evaluate and compare domestic and international laws.
• Design, and formulate case theory and strategy.
• Analyze and differentiate facts and law.
• Solve problems by employing legal reasoning, research.
• Choose et hical p ractices i n t he pr ofession of l aw a nd di scharge t heir s ocial
responsibility.
Programme Structure:
The LL.M. programme is a two-year course divided into four-semester. A student is required
to complete 82 credits for the completion of course and the award of degree.
Semester Semester
Part – I First Year Semester I Semester II
Part – II Second Year Semester III Semester IV
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Semester I/II/III/IV (individually for each semester)
Course Credit Scheme
* For each Core and Elective Course there will be 4 hours of teaching per week.
Semester Core Courses Elective Course Open Elective Course Total

Credits
No. of Credits Total No. of Credits Total No. of Credits Total
papers Credits papers Credits papers
(L+T/P) (L+T/P) (L+T/P) Credits
I 02 06 12 02 06 12 00 00 00 24
II 01 06 06 03 06 18 00 00 00 24
III 00 00 00 03 06 18 00 00 00 18
IV Dissertation (16) 16
Total 82
Credits
for the
Course
* Duration of examination of each paper shall be 3 hours.

* Each paper will be of 100 marks out of which 80 marks shall be allocated for semester
examination and 20 marks for internal assessment.
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Number of core courses Credits in each core course
Course Theory+ Tutorial Credits

Term
Paper/Class
Presentation
(4+2)
Semester I
2YLM-CC-101 Comparative 6 0 6
Constitution L aw and
Governance
2YLM-CC 102 Legal an d S ocial 6 0 6

Science R esearch
Methods
Semester II
2YLM-CC-201 Law a nd J ustice i n a 6 0 6

Global World
Semester IV
Dissertation 16 0 16
Total credits in core courses 34
Number of elective Number of Elective Courses Credits in each

courses offered Opted Elective Course
(Semester I) 8 2 6
(Semester II) 10 3 6
(Semester III) 7 3 6
Theory+
Credits in each elective course Credits
Term Paper/Class
Presentation
(4+2)
Semester I
2YLM-EC-103 Law of International 6 6
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Organizations a nd
Human Rights
2YLM-EC-108 Corporate 6 6
Management an d
Social Responsibility
2YLM-EC-109 Intellectual a nd 6 6
Industrial P roperty
Laws-I
2YLM-EC-111 Comparative L abour 6 6

and Wage Law
2YLM-EC-113 Criminal J ustice a nd 6 6

Human Rights
2YLM-EC-114 Comparative Law o f 6 6

Marriage, D ivorce
and Civil Code
2YLM-EC-116 Law of W omen a nd 6 6

Child Right
2YLM-EC-117 Administrative L aw 6 6
and R egulatory
Mechanisms
Semester II
2YLM-EC-202 Administrative 6 6
Action a nd J udicial
Review
2YLM-EC-204 Law of Corporate 6 6

Finance and
Securities
Regulation
2YLM-EC-206 Intellectual and 6 6

Industrial Property
Laws-II
2YLM-EC-207 Insurance Law an d 6 6

Banking (New)
2YLM-EC-208 Cyber and 6 6

Information
Technology Law
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(New)
2YLM-EC-209 Corporate and White 6 6

Collar Crimes
2YLM-EC-210 Law of Torts and 6 6

Disaster
Management
2YLM-EC-211 Law, M edia a nd 6 6

Censorship
2YLM-EC-203 Law of Air and 6 6

Space
2YLM-EC-205 Competition a nd 6 6
Consumer Protection
Law
Semester III
2YLM-EC-104 Interpretation a nd 6 6
Drafting o f T reaties
and Legislations
2YLM-EC-105 International 6 6
Economic L aw,
Trade an d
Diplomacy
2YLM-EC-106 Environment 6 6
al Law
2YLM-EC-107 Law of the Sea 6 6
2YLM-EC-110 Tax Policies and Tax 6 6

Reforms
2YLM-EC-112 Criminology a nd 6 6
Criminal J ustice
Administration
2YLM-EC-115 Laws of Inheritance 6 6

and Succession
Total credits in Elective Courses (8 Elective Courses *6Credits) = 48
Semester wise Details of LL.M. Course
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S.No. Paper No. Subject Name

I TERM
1 2YLM-CC-101 Comparative Constitution Law and Governance
2 2YLM-CC-102 Legal and Social Science Research Methods
3 2YLM-EC-103 Law of International Organizations and Human Rights
4 2YLM-EC-108 Corporate Management and Social Responsibility
5 2YLM-EC-109 Intellectual and Industrial Property Laws-I
6 2YLM-EC-111 Comparative Labour and Wage Law
7 2YLM-EC-113 Criminal Justice and Human Rights
8 2YLM-EC-114 Comparative Law of Marriage, Divorce and Civil Code
9 2YLM-EC-116 Law of Women and Child Right
10 2YLM-EC-117 Administrative Law and Regulatory Mechanisms
II TERM
1 2YLM-CC-201 Law and Justice in a Global World
2 2YLM-EC-202 Administrative Action and Judicial Review
3 2YLM-EC-204 Law of Corporate Finance and Securities Regulation
4 2YLM-EC-206 Intellectual and Industrial Property Laws-II
5 2YLM-EC-207 Insurance Law and Banking (New)
6 2YLM-EC-208 Cyber and Information Technology Law (New)
7 2YLM-EC-209 Corporate and White Collar Crimes
8 2YLM-EC-210 Law of Torts and Disaster Management
9 2YLM-EC-211 Law, Media and Censorship
10 2YLM-EC-203 Law of Air and Space
11 2YLM-EC-205 Competition and Consumer Protection Law
III TERM
1 2YLM-EC-104 Interpretation and Drafting of Treaties and Legislations
2 2YLM-EC-105 International Economic Law, Trade and Diplomacy
3 2YLM-EC-106 Environmental Law
4 2YLM-EC-107 Law of the Sea
5 2YLM-EC-110 Tax Policies and Tax Reforms
6 2YLM-EC-112 Criminology and Criminal Justice Administration
7 2YLM-EC-115 Laws of Inheritance and Succession
IV TERM
Dissertation
Selection of Elective Courses:

The LL.M (2 Year) course is divided into total four semesters. The Elective Courses shall be
offered in the Semester I, II and III. The number of elective courses offered in Semester I is
eight, Semester II is ten, Semester III is seven out of which the students will have to choose
two, t hree an d t hree r espectively h aving 6 c redits each . A n Elective C ourse s hall be t aught
only if minimum five students opt to study the course.
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Teaching:
• The pr imary m ode of t eaching i n Law F aculty for LL.M. c ontinues t o be Lectures
and Presentations. Use of multi-media has become common place in the teaching of
LL.M. in the Faculty of Law, University of Delhi with the introduction of technology
in the classrooms.
• For internal assessment, one term paper has to be submitted and presented in the class
in each course in each term.
• Use o f an y t ricks t o s ubvert p lagiarism ch eck o f d issertation w ill a mount to u se o f
unfair m eans and t he s ame s hall b e r eported t o ex amination b ranch f or n ecessary
action.
• Penalties in case of plagiarism in submission of dissertation:
Level 0: Similarities up to 10%- Minor similarities, no penalty.
Level 1 : Similarities a bove 1 0% to 4 0%- Such s tudent s hall be a sked to s ubmit a
revised script within a stipulated time period not exceeding 6 months.
Level 2 : S imilarities a bove 4 0% to 6 0%- Such s tudent s hall be d ebarred f rom
submitting a revised script for a period of one year.
Level 3: Similarities above 60%- Such student registration for that programme shall
be cancelled.
Note 1 : P enalty o n r epeated p lagiarism- Such s tudent s hall be puni shed f or t he
plagiarism of one level higher than the previous level committed by him/her. In case
where plagiarism of highest level is committed then the punishment for the same shall
be operative.
Note 2 : P enalty i s cas e w here t he d egree/credit h as al ready b een o btained- if
plagiarism is proved on a date later than the date of award of degree or credit as the
case may be then his/her credit shall be put in abeyance for a period recommended by
the IAIP and approved by the Head of the Institution.
• The di ssertation i n I V s emester a nd V I s emester of LL.M. ( 2 Y ear) a nd LL.M. ( 3
Year) respectively shall be for 200 m arks: 150 marks for dissertation evaluation and
50 marks for viva voce examination.
• Prior t o s ubmission of t he di ssertation, t he s tudents s hall m ake a pr e-submission
presentation in the department before the LL.M. Committee, which shall also be open
to all faculty members and other students. The feedback and comments obtained from
them m ay b e s uitably i ncorporated i n t he dr aft di ssertation i n c onsultation w ith t he
supervisor.
• The dissertation should be evaluated only by external examiner.
• The vi va-voce examination, ba sed a mong ot her t hings, on t he c ritiques gi ven i n t he
evaluation r eport, s hall be c onducted b y bot h t he s upervisor a nd E xternal e xaminer
together, and shall be open to all faculty members of the Department, other students
and other interested experts/researchers.
• The s tudents pur suing LL.M. 2 year/3 year c ourses s hall s ubmit s ynopsis f or
dissertation in the 3 rd/5th semester r espectively, b y the 15th October. The supervisors
may be appointed b y t he 15 th November af ter successful d efence o f t he s ynopsis b y
the candidate through an interview before a panel appointed by the LL.M. Committee.
• The students shall submit the dissertation on or before 30 th April and upto 30 th June
with t he pe rmission of D ean, Faculty of Law, a s a r egular s tudent. In case t he
dissertation is not submitted by 30th June, the student will have to register as an ex-
student in accordance with the provisions of the Ordinance relating to ex-students of
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the University.
• As an ex-students, a student may submit the dissertation as follows:
i. Last week of October,
ii. Last week of January,
iii. Last week of April and, with the permission of the Dean, last week of June of the
year:
Provided t hat s uch of t he s tudents w ho r egister t hemselves a s ex-students e ither fo r
submission of dissertation or for clearing any of the papers may be given the degree
of t he ac ademic year in w hich t hey clear al l t he r equirements o f the LL.M.
examination.
Note: (a) In a case where a student fails to obtain the minimum of 50% marks in the
dissertation submitted by him/her, he/she shall be permitted to revise and resubmit the
dissertation on t he same or on a fresh topic, to be approved by the Faculty of Law, if
he/she so desires.
Further, i f t he s tudent d esires t o r evise a nd resubmit th e D issertation o n th e s ame
topic, extracts from the report of the examiner as to the defects in the Dissertation be
made available to the student to enable him/her to revise and re-submit the same.
• The di ssertation m ust have t he P LAGIARISM C HECK C ERTIFICATE dul y s igned
by the Librarian of the Faculty of Law and the Supervisor.
• Supervisor for dissertations: Any regular professor of the department with at least five
research p ublications i n r efereed j ournals an d an y r egular A ssociate/Assistant
Professor of the department with a Ph.D. degree and at least two research publications
in r efereed j ournals m ay be r ecognized a s a S upervisor. P rovided t hat i n
areas/disciplines “where t here i s no/ a l imited num ber of r efereed j ournals, LL.M.
Committee ma y relax th e above c ondition f or r ecognition of a pe rson a s R esearch
Supervisor with reasons recorded in writing.”
Only a f ull-time r egular t eacher o f D epartment can act as a S upervisor. E xternal
supervisors a re not a llowed. H owever, c o-supervisor c an be a ppointed i n i nter-
disciplinary areas from other Department of the University or other related institutions
with the approval of the LL.M. Committee.
An eligible faculty m ember would ordinarily be allotted onl y one LL.M. student for
dissertation s upervision. In e xceptional ci rcumstances, w here n o s ubject ex pert i s
available, more than one but not exceeding three students may be allotted to a faculty
member.
Eligibility for Admissions:

• LL.M. is for Indian students.
• LL.M. (Two Year) is a full time course and students seeking admission in this course
are required to file an affidavit stating that they are not engaged in any trade, business,
occupation, pr ofession, or e mployment a nd w ill be s tudying t he c ourse on f ull t ime
basis as per rules contained in the Delhi University Ordinances. LL.M. (Three year)
course is open to working persons also.
• The admissions to Master of Laws (Two and Three year program) are made strictly on
the basis of merit in the LL.M. Entrance Test. The Entrance Test shall be of two hours
duration. The Test Paper will consist of one question paper containing 100 objective-
type questions with multiple choice answers relating to Constitutional Law of India,
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Jurisprudence, Law of Contracts, Sale of Goods, Law of Torts, Consumer Protection,

Criminal L aw, F amily L aw, Public I nternational L aw, I ntellectual Property Law,
Cyber L aw, Environment Law, C ompany Law a nd P artnership. In addition a f ew
questions may address contemporary legal issues. The language of the Entrance Test
shall be English. Each question shall carry four marks. For every correct answer, four
marks will be awarded and for every incorrect answer, one mark will be deducted. No
mark w ill be a warded or de ducted f or a qu estion w hich i s l eft una nswered. T he
general instructions to the candidates will be supplied on the University website.
• A Three year/Five year L L.B. D egree from t he U niversity of D elhi o r a ny ot her
Indian or Foreign University r ecognized a s equivalent b y t he U niversity of D elhi i s
the qualifying degree for appearing in the LL.M. Entrance Test. Candidates appearing
in the qualifying degree examination are also eligible to appear in the LL.M. Entrance
Test.
• No candidate on the rolls of LL.M. or ex-student of any University shall be allowed to
take admission in the LL.M. course unless they get their admission cancelled.
• For U nreserved and E WS C ategory candidates a t l east 50% m arks or a n e quivalent
grade point in the aggregate in the qualifying degree examination.
• For SC/ST/OBC/CW/PwD Category Candidates at least 45% marks or an equivalent
grade point in the aggregate in the qualifying degree Examination.
• Rounding of a fraction of marks is not allowed.
Assessment of Students’ Performance and Scheme of Examinations:

1. English shall be the medium of instruction and examination.
2. Assessment of s tudents’ pe rformance s hall c onsist of : 80 m arks ( End S emester
Written Examination) and 20 marks (Internal Assessment).
3. The duration of the End Semester Written Examination in Core Courses and Elective
Courses s hall be t hree hour s f or 80 m arks. E ach Q uestion P aper w ill ha ve s ix
questions of 20 marks each. The student shall be required to answer four questions.
4. For internal assessment, one term paper has to be submitted and presented in the class
5. Use o f a ny t ricks to s ubvert p lagiarism c heck o f d issertation w ill a mount to u se o f
action.
6. Penalties in case of plagiarism in submission of dissertation:
Level 1 : S imilarities a bove 1 0% to 4 0%- Such s tudent s hall be a sked to s ubmit a
Level 2 : Similarities a bove 40% t o 60% - Such s tudent s hall be d ebarred f rom
be cancelled.
be operative.
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7. The di ssertation i n I V s emester a nd V I s emester of LL.M. ( 2 Y ear) a nd LL.M. ( 3
8. Prior t o s ubmission of t he di ssertation, t he s tudents s hall m ake a pr e-submission
them m ay b e s uitably i ncorporated i n t he dr aft d issertation in c onsultation w ith th e
supervisor.
9. The dissertation should be evaluated only by external examiner.
10. The vi va-voce examination, ba sed a mong ot her t hings, on t he c ritiques gi ven i n t he
evaluation r eport, s hall be c onducted b y bot h t he s upervisor an d E xternal ex aminer
11. The s tudents pur suing LL.M. 2 year/3 year c ourses s hall s ubmit s ynopsis f or
may be appointed b y t he 15 th November af ter s uccessful d efence o f t he s ynopsis b y
12. The students shall submit the dissertation on or before 30 th April and upto 30 th June
the University.
13. As an ex-students, a student may submit the dissertation as follows:
year:
Provided t hat s uch of t he s tudents w ho r egister t hemselves a s ex-students e ither f or
of t he ac ademic year in w hich t hey clear al l t he r equirements of t he L L.M.
examination.
he/she so desires.
Further, i f t he s tudent d esires t o r evise a nd resubmit t he D issertation on t he s ame
topic, extracts from the report of the examiner as to the defects in the Dissertation he
14. The di ssertation m ust have t he P LAGIARISM C HECK C ERTIFICATE dul y s igned
Pass Percentage & Promotion Criteria/ Part I to Part II Progression:

• In order to be eligible for LL.M. Degree, a student must have passed (i.e. secured 50%
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marks) i n e ach of t he c ourses of fered b y him/her a nd i n a ddition he /she m ust ha ve

secured at least 50% marks in the Dissertation.
Promotion Rules:
(i) No student shall be promoted to the next Term, if he/she has been detained in
the e xamination f or s hortage of a ttendance a nd/or non -submission of w ritten
paper in all the courses offered by him/her for class discussion and had failed
to get certificate from the teacher teaching the course.
(ii) Subject to sub-rule(i) above, a student of LL.M. First or Third Term of Two-
Year course s hall be e ligible f or pr omotion t o S econd or F ourth T erm,
respectively irrespective of the number of courses in which he/she has failed to
pass or failed to appear in the First or Third Term examinations.
(iii) Subject t o s ub-rules ( i) and ( ii) above, a s tudent of LL.M. S econd T erm i n
Two-Year course shall be eligible for promotion to Third Term if he/she has
passed i n at l east f our p apers o f First and S econd T erm examinations t aken
together.
(iv) Subject to sub-rule (i) above, a student of LL.M. First, Third or Fifth Term of
Three- Year course shall be eligible for promotion to Second, Fourth or Sixth
Term, respectively irrespective of the number of courses in which he/she has
failed to p ass o r f ailed to a ppear in th e F irst, T hird o r F ifth T erm
Examinations.
(v) Subject t o s ub-rules ( i) a nd ( iv) a bove, a s tudent of LL.M. S econd T erm i n
Three-Year course shall be eligible for promotion to Third Term if he/she has
passed i n a t l east t hree p apers o f F irst an d S econd T erm ex aminations t aken
together and a student of Fourth Term shall be eligible for promotion to Fifth
Term i f he/she has p assed i n at l east four papers of First, S econd, Third and
Fourth Term examinations taken together.
(vi) Subject to above sub-rules, a student may be permitted to submit Dissertation
at the end of Fourth Term in case of two-year course, or Sixth Term in case of
three-year course, on a t opic approved b y t he F aculty of Law i rrespective of
number of courses w hich he /she ha s failed t o pa ss or f ailed t o appear i n t he
examination.
Note: The students eligible for admission to III/V Term must seek admission not later
than two weeks from the date(s) of announcement of the results of LL.M. II/IV Term
annual examinations or within one week of commencement of teaching, whichever is
later, failing which they will forfeit their right to be admitted to III/V Term.
Re-admission Rules:
(i) There s hall b e n o r e-admission i n t he LL.M. F irst T erm unde r a ny
circumstances including detention of a s tudent for s hortage of a ttendance i n
that Term and/or non submission of written paper in all the courses offered by
him/her f or c lass d iscussion a nd f ailure to g et c ertificate f rom th e te acher
teaching the course.
(ii) A s tudent w ho ha s be en de tained f or s hortage of a ttendance or ot herwise i n
Second, Third, Fourth or Fifth Term s hall be eligible for re-admission i n t he
Term i n w hich he /she ha d be en de tained pr ovided ( a) he /she s eeks r e-
admission within the date prescribed by the Dean, Faculty of Law which will
not be later than one week from commencement of teaching in that Term; (b)
his/her conduct has been satisfactory; and (c) he/she shows sufficient cause to
50
the s atisfaction of t he Dean, Faculty of Law f or hi s/her di scontinuance of

studies or for not having put in the requisite percentage of attendance and/or
non-submission of written paper in all the courses offered by him/her for class
discussion and failure to get certificate from the teacher teaching the course.
(iii) An a pplicant w ho h as f ailed in e xamination o r f ailed to a ppear at th e
examination and who is otherwise eligible to appear at the examination as an
ex-student, s hall not be admitted a s a regular s tudent. In e xceptional c ases,
however, where such an applicant is a foreigner, studying under the Cultural
Scholarship S cheme of the G overnment of India, e tc. r e-admission m ay be
allowed.
Conversion of Marks into Grades:

(specify the formula for conversion of marks into grades)
Grade Points:
Grade point table as per University Examination rule
CGPA Calculation:
As per University Examination rule.
SGPA Calculation:
Grand SGPA Calculation:
Conversion of Grand CGPA into Marks

As notified by competent authority the formula for conversion of Grand CGPA into
marks is: Final %age of marks = CGPA based on all four semesters × 9.5
Division of Degree into Classes:

Post Graduate degree to be classified based on CGPA obtained into various classes as
notified into Examination policy.
Attendance Requirement:
No student shall be deemed to have pursued a regular course of study for the LL.M. Degree
examination unless:
(i) He/she h as a ttended a minimum o f tw o-thirds of t he t otal num ber of l ectures
delivered in the Term in which he/she has been admitted as a regular student; and
(ii) He/she ha s s ubmitted term p aper f or cl ass p resentation i n each co urse and t he
teacher t eaching t he co urse i s s atisfied w ith t he paper an d i ts p resentation i n t he
class.
(iii) All students must submit a hard copy and soft copy of their term paper and class
presentation before the end of the semester in the Office of the Dean, Faculty of
Law, DU.
(iv) No students will be promoted to the next term, if he/she was detained for shortage
of at tendance an d/or n on-submission of t erm pa pers i n all t he c ourses a nd
presentations in the class and failed to get certificate from the teacher, teaching the
51
subject.
Note: (1) The term ‘lectures’ will include lectures, class presentations and discussion
classes.
(2) In determining the exact number of the minimum requisite attendance, i.e., two
thirds of lectures and discussion classes, fractions shall be ignored.
No s tudent s hall be pe rmitted t o a ppear i n t he examination of a ny T erm unl ess

he/she has submitted termpaper and presented the term paper in each of the courses
of t he T erm f or class d iscussion a nd the t eacher t eaching each co urse i ssues a
certificate th at th e te rm paper a nd its p resentation b y th e s tudent w as to h is/her
satisfaction.
Provided t hat t his r equirement s hall not be a pplicable t o t he c ompulsory

Foundation Course in ‘Legal and Social Science Research Methods’.
Provided further that the Dean may, in his discretion, exempt a student of the above
requirement in exceptional cases of hardship.
Span Period:
No s tudent s hall be a dmitted a s a c andidate f or t he e xamination f or a ny of t he
Parts/Semesters after the lapse of fiveyears from the date of admission to the Part-I/Semester-
I of the LL.M. (2 Year) Programme.
Guidelines for the Award of Internal Assessment Marks LL.M.

Programme (Semester Wise)
For internal assessment, one term paper has to be submitted and presented in the class in each
course in each term.
52
UNIVERSITY OF DELHI
MASTER OF LAWS (3 Year)
LL.M. (3 Year)
(Effective from Academic Year ……..)
PROGRAMME BROCHURE
53
II. Introduction to CBCS (Choice Based Credit System)

Choice Based Credit System:
The C BCS pr ovides a n oppor tunity for t he s tudents t o c hoose courses f rom t he p rescribed
courses comprising core, elective/minor or skill-based courses. The courses can be evaluated
following the grading s ystem, which is considered to be better than the conventional marks
system. G rading s ystem pr ovides uni formity i n t he e valuation a nd c omputation of t he
Cumulative G rade P oint A verage ( CGPA) ba sed on s tudent’s pe rformance i n e xaminations
which enables t he s tudent t o m ove across i nstitutions of hi gher l earning. The uni formity i n
evaluation s ystem also e nable t he pot ential e mployers in assessing th e p erformance o f th e
candidates.
Definitions:
(i) ‘ Academic P rogramme’ me ans an e ntire course o f s tudy c omprising its p rogramme
structure, c ourse de tails, e valuation s chemes e tc. de signed t o be t aught a nd e valuated i n a
teaching Department/Centre or jointly under more than one such Department/ Centre.
(ii) ‘Course’ means a segment of a subject that is part of an Academic Programme.
(iii) ‘ Programme S tructure’ m eans a l ist o f co urses ( Core, E lective, Open E lective) t hat
makes u p an A cademic P rogramme, s pecifying t he s yllabus, C redits, hour s of t eaching,
evaluation a nd e xamination s chemes, m inimum number of c redits r equired f or s uccessful
completion of t he pr ogramme e tc. pr epared i n c onformity t o U niversity R ules, e ligibility
criteria for admission.
(iv) ‘ Core C ourse’ m eans a c ourse t hat a s tudent a dmitted t o a pa rticular pr ogramme m ust
successfully c omplete t o r eceive t he d egree a nd which c annot be s ubstituted b y a ny ot her
course.
(v) ‘Elective Course’ means an optional course to be selected by a student out of such courses
offered in the same or any other Department/Centre.
(vi) ‘ Open E lective’ m eans an el ective co urse w hich i s av ailable f or s tudents o f all
programmes, including s tudents of same department. Students of other Department will opt
these c ourses s ubject to f ulfilling o f e ligibility of c riteria a s la id d own by th e D epartment
offering the course.
(vii) ‘Credit’ m eans t he value assigned t o a course which i ndicates t he l evel of i nstruction;
One-hour lecture per week equals 1 Credit, 2 ho urs practical class per week equals 1 c redit.
Credit for a practical could be proposed as part of a course or as a separate practical course
(viii) ‘SGPA’ means Semester Grade Point Average calculated for individual semester.
(ix) ‘CGPA’ is Cumulative Grade Points Average calculated for all courses completed by the
students at an y point of time. CGPA is calculated each year for both the semesters clubbed
together.
54
(x) ‘Grand CGPA’ is calculated in the last year of the course by clubbing together of CGPA
of three years, i.e., six semesters. Grand CGPA is being given in Transcript form. To benefit
the s tudent a f ormula f or c onversation of G rand C GPA i nto % age m arks i s g iven i n t he
Transcript.
III. LL.M. Programme Details:

Programme Objectives (POs):
The LL.M. Programme is aimed at:
• Familiarising s tudents w ith la ws a nd ju dicial in terpretations a t th e national a nd
international level and a comparative study of the same.
• Apprising students of the legal system, rule of law, and administration of justice.
• Imparting professionally and socially relevant legal education.
• Sensitising s tudents towards t he i ssues of a ccess t o j ustice of t he
deprived, marginalised and weaker sections of society.
• Producing i nternationally competent litigating l awyers, c orporate la wyers, ju dges,
judicial officers, legal officers, researchers, law reformers, law teachers, etc.
• Imparting skills of legal reasoning, problem solving, research, legal writing, oral and
written communication, persuasion, leadership and teamwork.
• Promoting ethical practices in the profession of law.
• Promoting inter-disciplinary approach to legal profession.
Programme Specific Outcomes (PSOs):

At the end of the LL.M. course, the students will be able to:
• Do legal research.
• Understand, interpret, and apply law.
• Evaluate and compare domestic and international laws.
• Design, and formulate case theory and strategy.
• Analyze and differentiate facts and law.
• Solve problems by employing legal reasoning, research.
• Choose e thical pr actices i n t he p rofession o f l aw an d d ischarge t heir s ocial
responsibility.
Programme Structure:
The LL.M. ( 3 year) pr ogramme i s di vided i nto s ix-semester. A s tudent i s r equired t o
complete 82 credits for the completion of course and the award of degree.
Sem ester Sem ester
55
Part – I First Year Semester I Semester II

Part – II Second Year Semester III Semester IV
Part – III Third Year Semester V Semester VI
Course Credit Scheme

* For each Core and Elective Course there will be 4 hours of teaching per week.
* Duration of examination of each paper shall be 3 hours.
* Each paper will be of 100 marks out of which 80 marks shall be allocated for semester
examination and 20 marks for internal assessment.
Semester Core Courses Elective Course Open Elective Course Total

Credits
No. of Credits Total No. of Credits Total No. of Credits Total
papers Credits papers Credits papers
(L+T/P) (L+T/P) (L+T/P) Credits
I 02 06 12 01 06 06 00 00 00 18
II 01 06 06 01 06 06 00 00 00 12
III 00 00 00 02 06 12 00 00 00 12
IV 00 00 00 02 06 12 00 00 00 12
V 00 00 00 02 06 12 00 00 00 12
VI Dissertation (16) 16
Total 82
Credits
for the
Course
56
Semester I/II/III/IV/V/VI (individually for each semester)
Number of core courses Credits in each core course
Course Theory+ Tutorial Credits

Term
Paper/Class
Presentation
(4+2)
Semester I
3YLM-CC-101 Comparative 6 0 6
Constitution L aw a nd
Governance
3YLM-CC-102 Legal an d S ocial 6 0 6

Science R esearch
Methods
Semester II
3YLM-CC-201 Law an d J ustice i n a 6 0 6

Global World
Semester VI
Dissertation 16 0 16
Total credits in core courses 34
Number of elective Number of Elective Courses Credits in each

courses offered Opted Elective Course
(Semester I) 5 1 6
(Semester II) 5 1 6
(Semester III) 5 2 6
(Semester IV) 5 2 6
(Semester V) 5 2 6
Credits in each elective course Theory+ Term Credits

Paper/Class
Presentations
(4+2)
Semester I
3YLM-EC-103 Law of International 6 6
Organization a nd
Human Rights
3YLM-EC-109 Intellectual a nd 6 6
Industrial P roperty
Laws-I 57
3YLM-EC-111 Comparative L abour 6 6

and Wage Law
3YLM-EC-116 Law of W omen a nd 6 6
Child Right.
3YLM-EC-117 Administrative L aw 6 6
and R egulatory
Mechanisms
Semester II
3YLM-EC-206 Intellectual and 6 6
Industrial Property
Laws-II
3YLM-EC-207 Insurance Law an d 6 6
Banking (New)
3YLM-EC-208 Cyber and 6 6
Information
Technology Law
(New)
3YLM-EC-209 Corporate and White 6 6
Collar Crimes
3YLM-EC-210 Law of Torts and 6 6
Disaster
Management
Semester III
3YLM-EC-104 Interpretation a nd 6 6
Drafting o f T reaties
and Legislations
3YLM-EC-106 Environmental Law 6 6
3YLM-EC-110 Tax Policies and Tax 6 6
Reforms
3YLM-EC-112 Criminology a nd 6 6
Criminal J ustice
Administration
3YLM-EC-115 Laws of Inheritance 6 6
and Succession
Semester IV
3YLM-EC-202 Administrative 6 6
Action and Judicial
Review
3YLM-EC-204 Law of Corporate 6 6
Finance and
Securities
Regulation
3YLM-EC-203 Law of Air and 6 6
Space
3YLM-EC-205 Competition and 6 6
Consumer Protection
Law
3YLM-EC-211 Law, Media and 6 6
Censorship.
58
Semester V
3YLM-EC-105 International 6 6
Economic Law,
Trade & Diplomacy
3YLM-EC-107 Law of the Sea 6 6
3YLM-EC-108 Corporate 6 6
Management and
Social Responsibility
3YLM-EC-113 Criminal J ustice a nd 6 6
Human Rights
3YLM-EC-114 Comparative Law of 6 6
Marriage, Divorce
and Civil Code
Total credits in Elective Courses (8 Elective Courses *6 Credits) = 48
Semester wise Details of LL.M. Course

S.No. Paper No. Subject Name
I TERM
1 3YLM-CC-101 Comparative Constitution Law and Governance
2 3YLM-CC-102 Legal and Social Science Research Methods
3 3YLM-EC-103 Law of International Organization and Human Rights
4 3YLM-EC-109 Intellectual and Industrial Property Laws-I
5 3YLM-EC-111 Comparative Labour and Wage Law
6 3YLM-EC-116 Law of Women and Child Right
7 3YLM-EC-117 Administrative Law and Regulatory Mechanisms
II TERM
1 3YLM-CC-201 Law and Justice in a Global World
2 3YLM-EC-206 Intellectual and Industrial Property Laws-II
3 3YLM-EC-207 Insurance Law and Banking (New)
4 3YLM-EC-208 Cyber and Information Technology Law (New)
5 3YLM-EC-209 Corporate and White Collar Crimes
6 3YLM-EC-210 Law of Torts and Disaster Management
III TERM
1 3YLM-EC-104 Interpretation and Drafting of Treaties and Legislations
2 3YLM-EC-106 Environmental Law
3 3YLM-EC-110 Tax Policies and Tax Reforms
4 3YLM-EC-112 Criminology and Criminal Justice Administration
5 3YLM-EC-115 Laws of Inheritance and Succession
IV TERM
1 3YLM-EC-202 Administrative Action and Judicial Review
2 3YLM-EC-204 Law of Corporate Finance and Securities Regulation
3 3YLM-EC-203 Law of Air and Space
4 3YLM-EC-205 Competition and Consumer Protection Law
5 3YLM-EC-211 Law, Media and Censorship.
V TERM
1 3YLM-EC-105 International Economic Law, Trade & Diplomacy
2 3YLM-EC-107 Law of the Sea
3 3YLM-EC-108 Corporate Management and Social Responsibility
4 3YLM-EC-113 Criminal Justice and Human Rights
5 3YLM-EC-114 Comparative Law of Marriage, Divorce and Civil Code
59
VI TERM
Dissertation
Selection of Elective Courses:

The LL.M. (3 Year) course is divided into total six semesters. The Elective Courses shall be
offered i n t he S emester I, II, III, IV a nd V . T he num ber of e lective courses of fered i n
Semester I is five, Semester II is five, Semester III is five, Semester IV is five and Semester
V i s f ive out of w hich t he s tudents w ill ha ve t o c hoose one , on e, t wo, t wo a nd t wo
respectively having 6 c redits each. An Elective Course shall be taught only if minimum five
students opt to study the course.
Teaching:
• The pr imary m ode of t eaching i n Law F aculty for LL.M. c ontinues t o be Lectures
and Presentations. Use of multi-media has become common place in the teaching of
LL.M. in the Faculty of Law, University of Delhi with the introduction of technology
in the classrooms.
• For internal assessment, one term paper has to be submitted and presented in the class
• Use o f a ny t ricks to s ubvert p lagiarism c heck o f d issertation w ill a mount to u se o f
unfair m eans and the s ame s hall b e r eported t o ex amination b ranch f or n ecessary
action.
• Penalties in case of plagiarism in submission of dissertation:
Level 2 : S imilarities a bove 4 0% to 6 0%- Such s tudent s hall be d ebarred f rom
be cancelled.
be operative.
• The di ssertation i n I V s emester a nd V I s emester of LL.M. ( 2 Y ear) a nd LL.M. ( 3
• Prior t o s ubmission of t he di ssertation, t he s tudents s hall m ake a pr e-submission
them m ay b e s uitably i ncorporated i n t he dr aft di ssertation i n c onsultation w ith t he
supervisor.
• The dissertation should be evaluated only by external examiner.
• The vi va-voce examination, ba sed a mong ot her t hings, on t he c ritiques gi ven i n t he
60

• The s tudents pur suing LL.M. 2 year/3 year c ourses s hall s ubmit s ynopsis f or
• The students shall submit the dissertation on or before 30 th April and upto 30 th June
with t he pe rmission of D ean, Faculty o f Law, as a r egular s tudent. In case t he
the University.
• As an ex-students, a student may submit the dissertation as follows:
year:
examination.
Note: (a) In a case where a s tudent fails to obtain the minimum of 50% marks in the
he/she so desires.
topic, extracts from the report of the examiner as to the defects in the Dissertation be
• The di ssertation m ust have t he P LAGIARISM C HECK C ERTIFICATE d uly s igned
• Supervisor for dissertations: Any regular professor of the department with at least five
research p ublications i n r efereed j ournals an d an y r egular A ssociate/Assistant
Professor of the department with a Ph.D. degree and at least two research publications
in r efereed j ournals m ay be r ecognized a s a S upervisor. P rovided t hat i n
areas/disciplines “where t here i s no/ a l imited num ber of r efereed j ournals, LL.M.
Committee may relax t he a bove c ondition f or r ecognition of a pe rson a s R esearch
Supervisor with reasons recorded in writing.”
Only a f ull-time r egular t eacher o f D epartment can act as a S upervisor. E xternal
supervisors a re not a llowed. H owever, c o-supervisor c an be appointed i n i nter-
disciplinary areas from other Department of the University or other related institutions
with the approval of the LL.M. Committee.
An eligible faculty m ember would ordinarily be allotted onl y one LL.M. student for
dissertation s upervision. In e xceptional c ircumstances, w here no s ubject e xpert i s
available, more than one but not exceeding three students may be allotted to a faculty
member.
61
Eligibility for Admissions:
• LL.M. is for Indian students.

• LL.M. (Two Year) is a full time course and students seeking admission in this course
are required to file an affidavit stating that they are not engaged in any trade, business,
occupation, pr ofession, or e mployment a nd w ill be s tudying t he c ourse on f ull t ime
basis as per rules contained in the Delhi University Ordinances. LL.M. (Three year)
course is open to working persons also.
• The admissions to Master of Laws (Two and Three year program) are made strictly on
the basis of merit in the LL.M. Entrance Test. The Entrance Test shall be of two hours
duration. The Test Paper will consist of one question paper containing 100 objective-
type questions with multiple choice answers relating to Constitutional Law of India,
Jurisprudence, Law of Contracts, Sale of Goods, Law of Torts, Consumer Protection,
Criminal L aw, F amily L aw, Public I nternational L aw, I ntellectual Property Law,
Cyber Law, E nvironment Law, C ompany Law a nd P artnership. In addition a f ew
questions may address contemporary legal issues. The language of the Entrance Test
shall be English. Each question shall carry four marks. For every correct answer, four
marks will be awarded and for every incorrect answer, one mark will be deducted. No
mark w ill be a warded or de ducted f or a qu estion w hich i s l eft un answered. T he
general instructions to the candidates will be supplied on the University website.
• A T hree year/Five year LL.B. Degree from t he U niversity o f D elhi o r an y o ther
Indian or Foreign University r ecognized a s equivalent b y t he U niversity of D elhi is
the qualifying degree for appearing in the LL.M. Entrance Test. Candidates appearing
in the qualifying degree examination are also eligible to appear in the LL.M. Entrance
Test.
• No candidate on the rolls of LL.M. or ex-student of any University shall be allowed to
take admission in the LL.M. course unless they get their admission cancelled.
• For U nreserved and E WS C ategory candidates a t l east 50% m arks or a n e quivalent
grade point in the aggregate in the qualifying degree examination.
• For SC/ST/OBC/CW/PwD Category Candidates at least 45% marks or an equivalent
grade point in the aggregate in the qualifying degree Examination.
• Rounding of a fraction of marks is not allowed.
Assessment of Students’ Performance and Scheme of Examinations:

1. English shall be the medium of instruction and examination.
2. Assessment of s tudents’ pe rformance s hall c onsist of : 80 m arks ( End S emester
Written Examination) and 20 marks (Internal Assessment).
3. The duration of the End Semester Written Examination in Core Courses and Elective
Courses s hall be t hree hour s f or 80 m arks. E ach Q uestion P aper w ill ha ve s ix
questions of 20 marks each. The student shall be required to answer four questions.
4. For internal assessment, one term paper has to be submitted and presented in the class
5. Use o f a ny t ricks to s ubvert p lagiarism c heck o f d issertation w ill a mount to u se o f
62

action.
6. Penalties in case of plagiarism in submission of dissertation:
Level 2 : S imilarities a bove 4 0% to 60% - Such s tudent s hall be d ebarred f rom
be cancelled.
be operative.
Note 2 : P enalty i s cas e w here t he d egree/credit h as already b een o btained- if
7. The dissertation i n I V s emester a nd V I s emester of LL.M. ( 2 Y ear) a nd LL.M. ( 3
8. Prior t o s ubmission of t he di ssertation, t he s tudents s hall make a p re-submission
them m ay b e s uitably i ncorporated i n t he dr aft di ssertation i n c onsultation w ith th e
supervisor.
9. The dissertation should be evaluated only by external examiner.
10. The vi va-voce examination, ba sed a mong ot her t hings, on t he c ritiques gi ven i n t he
11. The s tudents pur suing LL.M. 2 year/3 year c ourses s hall s ubmit s ynopsis f or
dissertation in the 3 rd/5th semester r espectively, by the 15 th October. The supervisors
12. The students shall submit the dissertation on or before 30 th April and upto 30 th June
the University.
13. As an ex-students, a student may submit the dissertation as follows:
year:
63

examination.
he/she so desires.
topic, extracts from the report of the examiner as to the defects in the Dissertation he
14. The di ssertation m ust have t he P LAGIARISM C HECK C ERTIFICATE dul y s igned
Pass Percentage & Promotion Criteria/ Part I to Part II Progression:

• In order to be eligible for LL.M. Degree, a student must have passed (i.e. secured 50%
marks) i n e ach of t he c ourses of fered b y him/her a nd i n a ddition he /she m ust ha ve
secured at least 50% marks in the Dissertation.
Promotion Rules:
(i) No student shall be promoted to the next Term, if he/she has been detained in
the e xamination f or s hortage of a ttendance a nd/or non -submission of w ritten
paper in all the courses offered by him/her for class discussion and had failed
to get certificate from the teacher teaching the course.
(ii) Subject to sub-rule(i) above, a student of LL.M. First or Third Term of Two-
Year course s hall be e ligible f or pr omotion t o S econd or F ourth T erm,
respectively irrespective of the number of courses in which he/she has failed to
pass or failed to appear in the First or Third Term examinations.
(iii) Subject t o s ub-rules ( i) and ( ii) above, a s tudent of LL.M. S econd T erm i n
Two-Year course shall be eligible for promotion to Third Term if he/she has
passed i n at l east f our p apers o f First and S econd T erm ex aminations t aken
together.
(iv) Subject to sub-rule (i) above, a student of LL.M. First, Third or Fifth Term of
Three- Year course shall be eligible for promotion to Second, Fourth or Sixth
Term, respectively irrespective of the number of courses in which he/she has
failed t o p ass or f ailed to a ppear in th e F irst, T hird o r F ifth T erm
Examinations.
(v) Subject t o s ub-rules ( i) a nd ( iv) a bove, a s tudent of LL.M. S econd T erm i n
Three-Year course shall be eligible for promotion to Third Term if he/she has
passed i n at l east t hree p apers o f First an d S econd T erm ex aminations t aken
together and a student of Fourth Term shall be eligible for promotion to Fifth
Term i f he/she has p assed i n at l east four papers of First, S econd, Third and
Fourth Term examinations taken together.
(vi) Subject to above sub-rules, a student may be permitted to submit Dissertation
at the end of Fourth Term in case of two-year course, or Sixth Term in case of
three-year course, on a t opic approved b y t he F aculty of Law i rrespective of
number of courses w hich he /she ha s failed t o pa ss or f ailed t o appear i n t he
examination.
Note: The students eligible for admission to III/V Term must seek admission not later
than two weeks from the date(s) of announcement of the results of LL.M. II/IV Term
64
annual examinations or within one week of commencement of teaching, whichever is

later, failing which they will forfeit their right to be admitted to III/V Term.
Re-admission Rules:
(i) There s hall b e n o r e-admission i n t he LL.M. F irst T erm unde r a ny
circumstances i ncluding detention of a s tudent for s hortage of a ttendance i n
that Term and/or non submission of written paper in all the courses offered by
him/her f or c lass d iscussion a nd f ailure to g et c ertificate f rom th e te acher
teaching the course.
(ii) A s tudent w ho ha s be en de tained f or s hortage of attendance o r o therwise i n
Second, Third, Fourth or Fifth Term s hall be eligible for re-admission i n t he
Term i n w hich he /she ha d be en de tained pr ovided ( a) he /she s eeks r e-
admission within the date prescribed by the Dean, Faculty of Law which will
not be later than one week from commencement of teaching in that Term; (b)
his/her conduct has been satisfactory; and (c) he/she shows sufficient cause to
the s atisfaction of t he Dean, Faculty of Law f or hi s/her di scontinuance of
studies or for not having put in the r equisite percentage o f attendance and/or
non-submission of written paper in all the courses offered by him/her for class
discussion and failure to get certificate from the teacher teaching the course.
(iii) An a pplicant w ho ha s f ailed i n e xamination or f ailed t o a ppear at t he
examination and who is otherwise eligible to appear at the examination as an
ex-student, s hall not be admitted a s a regular s tudent. In e xceptional c ases,
however, where such an applicant is a foreigner, studying under the Cultural
Scholarship S cheme of the G overnment of India, e tc. r e-admission m ay be
allowed.
Conversion of Marks into Grades:
(specify the formula for conversion of marks into grades)
Grade Points:
Grade point table as per University Examination rule
CGPA Calculation:
As per University Examination rule.
SGPA Calculation:
Grand SGPA Calculation:
Conversion of Grand CGPA into Marks

As notified by competent authority the formula for conversion of Grand CGPA into
marks is: Final %age of marks = CGPA based on all six semesters × 9.5
Division of Degree into Classes:

Post Graduate degree to be classified based on CGPA obtained into various classes as
notified into Examination policy.
65
Attendance Requirement:
No student shall be deemed to have pursued a regular course of study for the LL.M. Degree
examination unless:
(i) He/she h as a ttended a minimum o f tw o-thirds of t he t otal num ber of l ectures
delivered in the Term in which he/she has been admitted as a regular student; and
(ii) He/she h as s ubmitted t erm p aper f or cl ass p resentation in each co urse and t he
teacher t eaching t he co urse i s s atisfied w ith t he paper an d i ts p resentation i n t he
class.
(iii) All students must submit a hard copy and soft copy of their term paper and class
presentation before the end of the semester in the Office of the Dean, Faculty of
Law, DU.
(iv) No students will be promoted to the next term, if he/she was detained for shortage
of at tendance an d/or n on-submission of t erm pa pers i n all t he c ourses a nd
presentations in the class and failed to get certificate from the teacher, teaching the
subject.
Note: (1) The term ‘lectures’ will include lectures, class presentations and discussion
classes.
(2) In determining the exact number of the minimum requisite attendance, i.e., two
thirds of lectures and discussion classes, fractions shall be ignored.
No s tudent s hall be pe rmitted t o a ppear i n t he examination of a ny T erm unl ess

he/she has submitted termpaper and presented the term paper in each of the courses
of t he T erm f or class d iscussion an d t he t eacher t eaching each co urse i ssues a
certificate th at th e te rm paper a nd its p resentation b y th e s tudent w as to h is/her
satisfaction.
Provided t hat t his r equirement s hall not be a pplicable t o t he c ompulsory

Foundation Course in ‘Legal and Social Science Research Methods’.
Provided further that the Dean may, in his discretion, exempt a student of the above
requirement in exceptional cases of hardship.
Span Period:
No s tudent s hall be a dmitted a s a c andidate f or t he e xamination f or a ny of t he
Parts/Semesters after the lapse of sixyears from the date of admission to the Part-I/Semester-I
of the LL.M. (3 Year) Programme.
Guidelines for the Award of Internal Assessment Marks LL.M.

Programme (Semester Wise)
For internal assessment, one term paper has to be submitted and presented in the class in each
course in each term.
66
IV: Course Wise Content Details for LL.M. (2 Year)/LL.M. (3

Year)Programme:
MASTER OF LAWS
Semester I
Course Code: 2YLM-CC-101/3YLM-CC-101
Course Name: Comparative Constitution Law and Governance
(Comparative Study limited to U.S., U.K and India)
Marks-100 (80+20) Duration – 90 Hours
Course Objectives
1. The paper is designed to give an overall picture of constitution and constitutionalism
and to examine the different types of governments in U.S., U.K., and India.
2. The three functions of the state are also given importance so that the students will be
able t o a ppreciate t he c onstitutional f unctions of t he s tate i n a comparative
environment.
3. Since the Constitution is a dynamic document, timely modification is a necessity, but
often r esults i n ch allenges r aised b efore t he s uperior co urts. It i s i mportant t o
understand how t he j udiciary s trikes a b alance be tween t he pol itical e fforts a nd
stability of the constitution while ensuring the dynamic character of the constitution.
The v arious i ssues o f governance af fecting t he p eople an d t he r emedies av ailable to
them are also part of this paper.
Learning outcomes
On successful completion of the paper, the students will be able to:
1. Compare the various forms of government, i ts br anches a nd i ts f unctioning i n
different countries.
2. Analyse the leading constitutional principles in different jurisdictions.
3. Distinguish between constitution and constitutionalism.
4. To critically analyse the process of amendment of the constitution in various countries
and the limitations on the amendment power.
5. Gain insights of the model of state, its practises and good governance
6. Understand the significance of doctrine of judicial review and limitations thereof.
CONTENTS
1. The Concept of Constitution & Constitutionalism (4 lectures)
(i) Meaning and Idea of Constitution,
(ii) Constitution as a Dynamic and Supreme Law
(iii)Concept of Constitutionalism
(iv) Distinction between Constitution and Constitutionalism
67
(v) Essential features of Constitutionalism
2. Study of Comparative Constitutional Law (2 lectures)

(i) Relevance
(ii) Problems and Concerns in Using Comparison
3. Some Constitutional Principles (12 lectures)

(i) Rule of law
(a) Modern Concept of Rule of Law
(b) Social and economic rights as part of rule of law
(ii) Separation of powers
(a) The doctrine of Checks and Balances
(iii)Position of Rule of Law and Separation of Powers in the Indian Constitution
4. Constitutional foundations of powers (14 lectures)

(i) Legislative Power
(ii) The Executive Power
(iii) The Judicial Power
(a) Appointment of Judges and Judicial Accountability

(b) Role of Courts and Fundamental Rights
(c) Role of the Courts in ensuring Good Governance
5. The State and Governance (4 lectures)

(i) The concept of Good Governance
(ii) The methods to ensure Good Governance
(iii)State and Civil Liberties
6. Forms of Governments (8 lectures)

(i) Federal and Unitary Forms
(a) Features, Advantages and Disadvantages
(b) Models of Federalism Quasi - federalism
(ii) Parliamentary and Presidential Forms of Government
7. Amendment of the Constitution (8 lectures)

(i) Methods of Amendment
(ii) Limitations on the Amending Power: Comparative Perspective
(iii)Theory of Basic Structure: Origin and Development
8. Constitutional Review (8 lectures)

(i) Concept and Origin of Judicial Review
(ii) Methods of Constitutional Review
(a) Judicial and Political Review
(b) Concentrated and Diffused Review
(c) Anticipatory and Successive Review
(iii)Limitations on Judicial Review
68
Recommended Readings:
1. Christopher Forsyth, Mark Elliott, S wati J haveri, E ffective J udicial R eview: A
Cornerstone of Good Governance (Oxford University Press, 2010).
2. D.D. Basu, Comparative Constitutional Law (2nd ed., Wadhwa Nagpur).
3. David Strauss, The Living Constitution (OUP, 2010).
4. Dr. Subash Kashyap, Framing of Indian Constitution (Universal Law, 2004).
5. Elizabeth G iussani, Constitutional and Administrative Law (Sweet an d
Maxwell, 2008)
6. Erwin C hemerinsky, Constitutional Law, Principles and Policies (3rd ed.,
Aspen, 2006).
7. M.V. Pylee, Constitution of the World (Universal, 2006)
8. Mahendra P. Singhy, Comparative Constitutional Law (Eastern Book Company,
1989).
9. Neral Devins and Louis Fisher, The Democratic Constitution (OUP, 2010).
10. S.N. Ray, Judicial Review and Fundamental Rights (Eastern Law House, 1974).
11. S udhir Krishna S wamy, Democracy and Constitutionalism in India – A study of
the Basic Structure Doctrine (POUP, 2009)
12. S unil K hilnani, Vikram R aghavan, A run T hiruvengadam, Comparative
Constitutionalism in South Asia (POUP, 2013).
13. Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional Law
(OUP, 2009).
14. Z achery E lkins, T om G insburg, J ames M elton, The Endurance of National
Constitutions (Cambridge University Press, 2009)
15. D.D. Basu, Comparative Constitutional Law (2nd ed., Wadhwa Nagpur, 2008).
16. D.D.Basu, Comparative Federalism (Lexis Nexis, 2007)
17. D .D.Basu, Introduction to the Constitution of India (Lexis-Nexis-Butterworth-
Wadhwa, 2008).
18. Granville Austin, The Indian Constitution: Cornerstone of a Nation (OUP, 2008).
19. M.P.Singh, Comparative Constitutional Law (Eastern Book Company, 2011).
20. M.P.jain, Indian Constitutional Law (6th ed., Wadhwa, Nagaur).
21. Pier Giuseppe Monateri, Methods of Comparative Law (Edward Elgar Publishing,
2012).
22. V icki C . J ackson, Mark V . T ushnet, Comparative Constitutional Law (2nd ed.
Foundation Press, 2006).
Teaching plan:
Week 1
69
Meaning and Idea of Constitution, Constitution as a Dynamic and Supreme Law,

Concept of Constitutionalism, Distinction between Constitution and Constitutionalism,
Essential features of Constitutionalism
Week 2
Relevance, Problems and Concerns in Using Comparison, Rule of law
Week 3 & Week 4
Rule of law (contd.), Separation of powers,
Week 5
Separation of powers (contd.) & Position of Rule of Law and Separation of Powers in the
Indian Constitution.
Week 6
Legislative power
Week 7
Executive power
Week 8 & 9
Judicial power
Week 10
The concept of Good Governance, the methods to ensure Good Governance, State and
Civil Liberties
Week 11 & 12
Federal and Unitary Forms-Features, Advantages and Disadvantages & Models of Federalism
Quasi – federalism; Parliamentary and Presidential Forms of Government
Week 13
Methods of Amendment Limitations on the Amending Power: Comparative Perspective
Week 14
Theory of Basic Structure: Origin and Development; Concept and Origin of Judicial Review
Week 15
Methods of Constitutional Review-Judicial and Political Review, Concentrated and Diffused
Review, Anticipatory and Successive Review & Limitations on Judicial Review
Facilitating the achievement of Course Learning Outcomes

Unit Course Learning Outcomes Teaching and Learning Assessment
No. Activity Tasks
I. To understand the origin of the A mix of lectures, As given
constitution in different countries and to discussion, case study below.
distinguish between constitution and method, presentations
constitutionalism. and assignments
70
II. To assess the relevance and importance of A mix of lectures, As given

this subject and the difficulties faced discussions, below.
therein presentations and
assignments
III. To analyse the basic constitutional A mix of lectures, As given

concepts of Rule of Law and Separation discussion, case study below.
of Powers and its interpretation in method, presentations
different legal systems. assignments.
V. To gain insights into the models of state, A mix of lectures, As given

its practises and good governance discussion, case study below.
method, presentations
and assignments
VI. To compare the various forms of A mix of lectures, As given
government, its models, advantages and discussion, case study below.
disadvantages method, presentations
assignments.
VII. To understand the process of amendment A mix of lectures, As given
of the constitution in various discussion, case study below.
jurisdictions, methods of amendment and method, presentations
the limitations on amending power assignments.
VIII. To assess the s ignificance o f d octrine o f A mix of lectures, As given
judicial review and limitations thereof. discussion, case study below.
method, presentations
and assignments
Maximum Marks:100 Marks
End Semester Written Exam 80 Marks

Internal Component (Term paper and 20 Marks
Presentations)
IMPORTANT NOTE:
1. The t opics, c ases a nd s uggested r eadings given a bove a re not e xhaustive. T he

Committee o f t eachers t eaching t he C ourse shall b e a t lib erty to r evise th e
topics/cases/suggested readings.
2. S tudents a re r equired to s tudy/refer to th e le gislations a s a mended f rom time to
time, and consult the latest editions of books.
***********
71
Semester I
Course Code- 2YLM-CC-102/3YLM-CC-102
Course Name- Legal and Social Science Research Methods
Marks-100 Duration – 90 Hours
Course Objectives
1. To e nable s tudents t o u nderstand a pproaches t o a nd s trategies for “ Hard Law” o r
“Doctrinal” l egal r esearch an d f or s ociological o riented r esearch i n l aw an d l egal
process.
2. To acq uaint t he s tudents w ith t he s cientific m ethod o f s ocial s cience r esearch.
Emphasis w ould be t o pr ovide t he know ledge of t he t echniques o f s election,
collection and interpretation of primary and secondary data in socio legal research.
3. To f acilitate t he researcher / students f or s electing an d d eveloping t he themes f or
research for LL.M. dissertations.
4. To e nable t he s tudents t o di scover ne w f acts or t o ve rify t he e xisting f acts, t o
propound a new l egal concept or t o analyze existing l aw and give s uggestions for a
new one.
5. To e nable s tudents t o a cquire und erstanding of r esearch m ethodology includes t he
research m ethods as w ell as t he p hilosophy and p ractice o f t he w hole r esearch
process.
6. To g ive an i nsight i nto the m eaning a nd s ignificance of r esearch m ethods f or l egal
research to the students in contemporary times.
7. To impart an understanding of the various types of research methods and the different
techniques of l egal r esearch a nd l egal w riting w ith a vi ew t o e quip t he s tudents f or
further research in law.
Learning Outcomes
On successful completion of this Course, the students will be able to:
1. Students would be able to design and execute small scale research problem. They are
expected to develop a research proposal to write dissertation.
2. Students w ould be a ble t o c onduct effective d octrinal as w ell as em pirical l egal
research by using fundamental tools of legal research.
3. It hones students’ research skill, develop the ability to present a complex socio legal
issue in a lucid and engaging manner and also enable the students to learn the proper
ways of citation, ga rner f amiliarity w ith dr eaded B lue B ook, ILI Format a nd
OSCOLA etc.
4. Students w ould b e ab le t o w rite r esearch p apers/notes an d case comments and
empirical research.
Evaluation (There is no written examination in this course. Students will be assessed on

the basis of curricular class/ field work and the viva-voce)
1. Case –comment / Research article 10 Marks
72
2. Research Synopsis for dissertation 5 Marks

3. Preparing Research Design 10 Marks
4. Writing a short report on the basis of data collected 15 Marks
5. Attendance and Class Work 10 Marks
6. Viva-Voce Examination 50 Marks
Contents
TOPIC: I
RESEARCH – WHAT AND WHY (3 weeks)
a. Notion of Research and knowledge
b. Specific Characteristics of Research
c. Explanation of Terms Frequently used in Research Methodology
I. Concept
II Relation
III Theory
IV Paradigm
V Hypothesis
VI Operationalisation
VII Ethnography
d. Types of Research
I. Doctrinal, Non-Doctrinal
II Exploratory, Descriptive, Experimental
III Qualitative, Quantitative
IV Longitudinal
V Impact
VI Case Study
VII Attitude Measurement
VIII Projective
TOPIC: II
LEGAL SOURCE MATERIAL AND THEIR USE ( 2 Weeks)
a. Use of Case Law

b. Importance of Ratio
c. Significance of Obiter
d. Library Sources
e. e-Sources (How to use it)
f. e-Data Base
Teacher/Teachers may discuss and explain –
(a) What a re t he pa rameters w hich a n a uthor s hould t ry t o i nclude w hile a ttempting t o

write an article.
(b) Similarly students are taught the techniques of writing a comment on a case. This may
practically b e d one i n t he cl ass b y t aking u p an d d iscussing an ar ticle an d a cas e
comment.
73
Note: 1. Students must obtain a copy of the l atest issue of Delhi Law Review from which
exercises shall be prescribed.
Note: Dates f or s ubmission o f f irst d raft o f ev ery as signment w ill b e f ixed. T eacher af ter
correcting/discussing/making remarks w ill r eturn f or th e s aid a rticle to b e finally
submitted on the date already fixed.
TOPIC – III
LEGAL RESEARCH (2 weeks)
a. Historical and contemporary Role of Legal Research
b. Approaches to ‘Law’ in Legal Research
I. Research in positive/black-letter law
II Research in law as a decision-making process
III Research concerning Law as an institutional system
IV Research concerning law as a socio-cultural system
V Policy and action oriented research for reform
TOPIC – IV (2 weeks)
Empirical Research or Use of Social Science methods for legal Research
1. Formation of Research Proposal

a. Identification of problem
b. Literature Survey
c. Hypothesis di fference be tween pr oposition, h ypotheses a nd t heory. T ypes of
hypothecs. Testing of hypothesis, and Operationalisation of the Hypotheses.
d. Objectives of Study
e. Methodology
f. Tools of D ata C ollection: O bservation, I nterview, Questionnaire a nd
Schedule.
g. Identification of M ethodological T ool K it: C ase S tudy, S urvey, S ampling,
Scaling Techniques (Thurstone’s Order Method, Likert and Guttman Scales).
Details study of these methodological tools be done, so that Students can fully
understand their utility and use it for their respective researcher designs.
h. Anticipated and Unanticipated problems
Note: Students a re r equired t o s tart w orking on t heir research de sign f rom ( date) a lready
decided and finalise the research tools. They are required to complete data collection
and s ubmit t he r esearch de sign a nd R eport t yped a nd bound on or be fore t he da te
finalized for this purpose.
TOPIC – V
DATA ANALYSIS (2 weeks)
a. Aggregate Data, Quantitative and Qualitative Data

b. Use of Statistics in Social Sciences
c. Drawing of Inferences
1. Analysis/Interpretations
2.. Jurimetrics
74
TOPIC – VI (2 weeks)
IMPACT ANALYSIS
a. What is Impact
b. Symbolic v. ‘Instrumental’ dichotomy and its heuristic uses.
c. Measuring of Impact
d. Methods
i. Before and after
ii. Time series
e. Measuring Impact of Legislative and Judicial Decisions.
TOPIC – VII (2 weeks)

REPORT WRITING
a. Legal Writing
i. Footnotes (Significance, Uniformity in citation and method)
ii. Editing
b. Presenting Research: Articles, Dissertations and Thesis.
c. Placement of Tables /Graphs

d. Proving/Disproving of hypothesis through data
e. Bibliography; Priorities in using various sources and methods of writing.
Suggested Readings: 1. Jain, S.N., “ Legal R esearch and M ethodology” i n 14 JILI 487
(1972)
2. Jain, S.N., “ Doctrinal a nd N on-doctrinal R esearch” i n Legal R esearch an d
Methodology, ILI, 167 (1983)
3. Jones, Ernest M., “Some Current Trends in Legal Research” in 15 J our Leg. Edn. 21
(1962-63)
4. Bailey, Methods of Social Research, pp. 18, 31-66 (1978)
5. Nanlin, Foundations of Social Research, pp. 15 4 (1976)
6. Ram Ahuja, Research Methods, pp 52-91 (2001).
7. Sadhu and Singh, Research Methodology in Social Sciences, pp 1-34 (1983).
8. Gerald D . B erreman, “ Ethnography: M ethod and P roduct” i n V .K. Srivastava,
Methodology and Fieldwork (Edit) 2004 Oxford.
9. Baxi, U., “Th Travails of Stare Decesis in India in” Legal Change: Essay in Honor of
Professor J ulius Stone ( 1983, A .R. B lack S hield E dn.) B utterworths, S ydney
Australia.
10. Saxena, I.C. “The Doctrine of Precedeni in India: A Study of Some of its aspects”, 3
Jaipur Law jour, 138 (1963).
11. Tripathi R.K., “Mr. Justice Gajendragadkar and Constitutional Interpretation” 57 Col.
L. Rev. 319 (1957).
12. Willians, C., Learning the Law, 71, 95, (1963).
13. “Action Research in Crime Prevention”, Report on an International Seminar on Use
of Research as a Basis for Social Defency Policy and Planning, Denmark 20-23 Aug.
1973, pp. 28-37, 59-62, United Nations (1975).
14. Baxi, U., Socio-Legal Research in India: A programmschrift, Occasional Monograph
(1975).
75
15. Ullaman, W., The Medieval Idea of Law, 1-6 (1946).

16. Eherllich, Ugen, Fundamental Principles of the Sociology of Law, 1-36.
17. Stone, J., Social Dimensions of Law and Justice, 91-93.
18. Bakshi, P.M. “Legal research of Law Reform” in Legal Research and Methodology,
121, 217 (1983).
19. Baxi, U., Towards Sociology of Indian Law (1986).
20. Baxi, U., Crisis of Indian Legal System, 244-288 (1982).
21. Robert Watt, Concise Legal Research, (4th Edt.) 2001.
22. Mark Abrahamson, Social Research Methods pp 197-331 (1983)
23. George, Gadbois Jr, (i) “Participation in Supreme Court Decision Making” 24 J ILI p.
1 (1982).
24. George, G adbois J r, ( ii) “ Indian S upreme C ourt J udges: A P ortrait”, 3 Law and
Society Review, 317-335 (1963).
25. George, G adbois J r, ( iii) “ Indian J udicial B ehaviour” 5 E conomic a nd P olitical
Weekly, 49-166 (1970).
26. George, G adbois J r, ( iv) T he S upreme C ourt of I ndia: A P reliminary R eport of a n
Empirical Study” 4 Jr. of Constitutional and Parliamentary Studies, 53-54 (1970).
27. Sadhu and Singh, Research Methodology in Social Sciences, (1983).
28. Friedman and M acaulay, Law a nd t he Behavioural S ciences, pp. 308 -315, 372 -399
(1969)
29. Gibson, C olin S ., “ Legal Impact A nalyses: T he Ideal and t he P racticable” i n Legal
Research and Methodology, ILI, at 663.
30. Baxi, U., “Who Bothers About the Supreme Court? The Problem of impact of Judicial
Decisions”, Id. At 674.
31. Price and Bitner, Effective Legal Research, 311-380.

32. Blue Book The Uniform System of Citation, (17th Ed. 2000).
33. B.R. Patil, “Report Writing” (Memeo).
34. Manual of S tyle for a uthors, E ditors a nd C opy Writers, U niversity of C hicago ( 13th
ed. 1982).
35. Pedekar, V.H. How to Write Assignments Research Paper, Dissertations and Thesis,
(1982).
36. Mukul Gupta and Deepa Gupta, Research Methodology, PHI, 2013
37. Frederic Schauer, Thinking like a Lawyer, Harvard University Press, 2009
38. Michael G . M axfield an d E arl B abbie, R esearch M ethods f or C riminal J ustice an d
Criminology, Thompson Learning, 2001
39. Winston Jackson, R esearch M ethods: R ules for Survey Design a nd A nalysis, P HI,
1988
40. Lindsay Prior, Using Documents in Social Research, Sage Publication, 2003
41. Alan Bryman, Social Research Methods, Oxford University Press, 2001
42. M. N . B orse, H andbook O f R esearch M ethodology, M odern M ethods An d Ne w
Techniques, Srinivas Publication,2005.
43. A.K. Phophalia, Modern Reseach Methodology, Paradise Publishers, 2010.
44 Peter Clough And Cathy, But Brown, A Students’ Guide For Research Methodology,
Sage Publication, 2002
45. C.R. Kothari, Research Mehodology: Methods & Techniques, New Age International
Publishers, 2006.
46. Anwarul Yaqin, L egal R esearch a nd Writing M ethods, L exisNexis Butterworths
Wadhwa,Nagpur, 2008
76
Teaching Plan:
Week 1:
Meaning a nd de finition of r esearch -objectives – motivation –significance –interrelation
between research and knowledge – Levels and types of knowledge. Specific characteristics of
Legal research and its use in modern time.
Week 2:
Explanationof t erms f requently us ed i n R esearch M ethodology: C oncept, R elation, T heory,
Paradigm, Hypothesis etc.
Week 3:
Types of R esearch: D octrinal, N on-Doctrinal, E xploratory, D escriptive, E xperimental,
Qualitative, Q uantitative, Longitudinal, Impact, C ase S tudy, A ttitude M easurement,
Projective.
Week 4:
Use of Case Law, Importance of Ratio and significance of Obiter.
Week 5:
e-Sources (How to use it ) , e –Data Base .
Week 6:
Historical and contemporary Role of Legal Research. Analysis of statutes and decided cases to
discuss the importance of legal research.
Week 7:
Approaches t o ‘ Law’ i n l egal r esearch: R esearch i n p ositive l aw, R esearch i n l aw as a
decision-making p rocess, R esearch concerning law as an i nstitutional system, R esearch
concerning law as a socio-cultural system, policy and action oriented research for reform.
Week 8:
Formation of R esearch Proposal: Identification of pr oblem, l iterature S urvey, H ypothesis
difference be tween pr oposition, h ypothesis a nd t heory, t ypes of h ypothesis t esting of
hypothesis, Objective of study, methodology.
Week 9: Tools of D ata C ollection: O bservation, Interview, Q uestionnaire a nd S chedule.
Tools of Research : Case study, survey , sampling, scaling , research design.
Week 10:
Data an alysis: Q uantitative an d q ualitative d ata, aggregate d ata. U se o f statistics i n s ocial
sciences.
Week 11:
Drawing of Inferences: Analysis / Interpretations. Use of Jurimetrics in data analysis.
Week 12:
Nature and meaning of legal impact analysis and its relevance in legal research. Symbolic v.
‘Instrumental’ dichotomy and its heuristic uses.
Week 13:
Measuring of Impact and methods of it before and after. Measuring Impact of legislative and
Judicial decision.
Week 14:
Legal w riting: me aning a nd s ignificance, r esearch r eport w riting – dissertation a nd t hesis.
Footnotes (Significance, Uniformity in citation and methods) Blue book citations- ILI format –
MLA format
Week 15:
77
Editing: how a nd w hen t o do. T ables a nd graphs formation. P roving/ di sproving of

hypothesis t hrough da ta. B ibliography; pr iority i n us ing va rious s ources a nd m ethods i n
writing.

Unit Course Learning Outcomes Teaching and Assessment Tasks
No. Learning Activity
I. To unde rstand t he not ion of A m ix o f l ectures,
research a nd kno wledge a nd discussion, c ase
understand t he t erms us ed study method.
frequently i n research
methodology. T o unde rstand
the t ypes o f research an d t heir
use in perusing legal research.
II. To l earn u se o f c ase l aw, A m ix o f l ectures, Students m ust obt ain a c opy
library s ources w ith e -sources discussion, c ase of t he l atest i ssue o f Delhi
and e -data b ase i n w riting an study m ethod, us e University, F aculty of L aw
article. of online data base, journals, from which exercises
Law E-Journals. shall be pr escribed. W riting
of a C ase comment/ Article
will b e s ubmitted o n
prescribed d ate b y co ncern
teacher.
III. To know t he hi storical a nd A m ix o f l ectures, Students a re r equired t o
contemporary role of l egal discussion, c ase decided tentative to pic to
research and d iscussion on study method. draw a r esearch s ynopsis an d
different approaches i n l egal submit t he s ame on t he da te
research. (Research i n p ositive fixed by concerned teacher.
law, i n de cision m aking
process, i n s ocio-cultural
system, a nd i n pol icy and
action oriented reforms)
IV. To f ormulate a research A m ix o f l ectures,

Students a re r equired t o s tart
proposal w ith e ssential discussion, c ase
working on t heir r esearch
elements o f r esearch p roposal: study m ethod,
design f rom t he d ate al ready
literature s urvey, id entification presentations a nd
decided an d f inalise th e
of pr oblem, h ypothesis, a nd assignmentsresearch t ools. T hey ar e
tools for r esearch an d d ata required t o c omplete da ta
collection. Identification o f collection a nd s ubmit t he
methodological tool kit. research de sign and r eport
typed and bound on or before
the d ate f inalized f or th is
purpose.
V. To l earn about t he da ta A m ix o f l ectures, Students a re r equired t o
analysis and t he d ifference discussion, c ase schedule f ield v isit to c ollect
78
between q uantitative a nd study m ethod, the d ata to c omplete

qualitative research. presentations assignment o n e mpirical
To know how t o us e s tatistics assignments an d research.
in social science research. hypothetical
problems solving
VI. To know a nd unde rstand t he A m ix o f l ectures,
legal i mpact an alysis an d h ow discussion, c ase
a particular law works within a study method,
particular group a nd p urpose
of l egal i mpact analysis.
Measuring i mpact o f
legislative a nd ju dicial
decisions.
VII. To know and understand legal A m ix o f l ectures, Students a re r equired t o g o

writing : f ootnoting, discussion, c ase through all t he a ssignment
uniformity i n c itation a nd study m ethod, they ha ve pr epared i n t he
method. P resentation of presentations a nd semester and after any editing
Articles, D issertation a nd assignments final s ubmission w ill be done
thesis. U nderstanding of in LL. M. office i n bot h ( soft
tabulation a nd graphs, p roving and hard copy)
and di sapproving of
hypothesis.
IMPORTANT NOTE:
1. The topics, cases and suggested readings given above are not exhaustive. The Committee
of t eachers t eaching t he C ourse s hall b e at l iberty to r evise t he t opics/cases/suggested
readings.
2. S tudents ha ving p roblems/ di fficulties c oncerning a ny aspect of t he course m ay contact
Teacher’s teaching the subject after obtaining prior appointment.
3. A ttendance i n t he c ourse i s c ompulsory and students w ill ha ve t o f ulfill t he a ttendance
required as per university ordinance.
4. The viva-voce will cover both doctrinal and non-doctrinal research and will be scheduled
according to convenience of the class as well as that of the external examiner tentatively in
advance.
5. All the assignments will be submitted the date already fixed.
***********
Semester I
Course Code: 2YLM-EC-103/3YLM-EC-103
79
Course Name: Law of International Organisations and Human Rights

Course Objectives
1. To understand and analyse the growth and development of International Organisations
and Human Rights Law.
2. To evaluate the developments of International Organisations and their contribution to
the growth and evolution of International Law
3. To understand ba sic concepts, pr inciples, pol itical a nd f unctional a spects, r ights,
duties, personality, privileges and immunities of International Organizations.
4. To assess the regulation b y International O rganisations of t he us e of f orce,
intervention, self-defence and disputes settlement among nations.
5. To understand t he regulation of hum an r ights unde r t he International l aw a nd t he
international and the regional protection of human rights.
6. To analyse the i nternational pr otection of hu man r ights b y United Nations a nd
different bodi es working unde r i ts a egis f or p rotection a nd e nforcement of hum an
rights internationally.
7. To understand the legal regime of protection and enforcement of human rights under
various International human rights treaties.
8. To understand the legal regime for protection and enforcement of human rights at the
regional level i.e., in Europe, America and Africa.
9. To understand the relation between international human rights law, humanitarian law
and international criminal law.
Course Learning Outcome
At t he c ompletion of c ourse t he s tudents s hall ha ve know ledge of International
Organisations a nd t he l aw a pplicable upon t hem t o r egulate t heir f unctioning and a lso t he
international l aw of hum an r ights a nd t he m ethods of i ts pr otection a nd enforcement. T hey
shall ha ve s kills of und erstanding di fficult and important i ssues of i nternational c oncern.
They shall be able to carry out researches upon these issues and write scholarly works in this
area of great significance. The students shall have capacity of communication with others on
international matters and shall be able to make presentations before the wider audience to put
their views forward. This course shall provide them the necessary edge to take up the national
concerns b efore t he i nternational f or a and successfully co mpete with t heir f oreign
counterparts.
The s tudents ha ving studied Law of International O rganisations a nd H uman R ights c an
seek j obs i n t he a cademia, g overnment s ector, i nternational or ganizations, e mbassies,
consulates, f oreign uni versities a nd i nstitutions and c an c arry out pr actice of i nternational
institutional and human rights law besides many others.
Contents:
PART - I
Unit I: INTERNATIONAL ORGANIZATIONS – COMMON ATTRIBUTES
80
1. Concept, Growth and Development of International Organizations

2. Types, Functions, Powers and Role of International Organizations
3. Functional v. Political-- Implied, Attributed and Inherent Powers
4. International Organizations v State Sovereignty -- Immunities, Privileges, Responsibility
5. United Nations; Brief Overview- Legal Personality
6. United Nations and League of Nations Compared
7. United Nations: An appraisal/ Roadmap for Future
Unit II: UNITED NATIONS AND REGULATION OF USE OF FORCE

1. Defining Force under Int. Law - Permissible/Impermissible Use of Force
2. Use of Force- UN Charter and Customary Int. Law
3. Individual and Collective Self Defence under UN Charter/ Customary Int. Law
4. Collective Enforcement and UN Charter
5. Regional Organizations and Use of Force
Unit III: UN AND NEW THREATS TO SECURITY/PEACE

1. Intervention-Its Legality under International Law
2. Collective Intervention-Humanitarian Intervention
3. Unilateral Use of Force-Non-State Actors, W M D, Terrorist Attacks, Surgical Strikes
4. Anticipatory Self-Defence-Pre-emptive and Preventive Action/Legality
5. Responsibility to Protect (R2P) - United Nations Peace Keeping Operations
6. Challenges before United Nations
Unit IV: UN AND SETTLEMENT OF INTERNATIONAL DISPUTES

1. Pacific/Judicial Settlement of Disputes
2. UN Security Council - Pacific and Compulsive Settlement
3. Settlement Powers under Chapter VI and VII - UN Charter
4. Composition/ Organization of International Court Justice
5. Jurisdiction- Reservation Clauses- Reciprocity, forum prorogatum
6. Contentious Jurisdiction/Optional Clause-Compulsory Jurisdiction
7. Advisory Jurisdiction
8. Provisional Measures Order
9. ICJ: Assessment and Reforms
PART - II
Unit I: HUMAN RIGHTS UNDER UNITED NATIONS
1. Human Rights- Concept, Universal/Relative, Generations of Rights
81
2. Human Rights Development under UN

3. Role of UN in Strengthening National Human Rights Institutions
4. International Human Rights Treaties-ICCPR/ICESCR
5. Enforcement Mechanism under Treaties/Human Rights Committee
6. Human Rights Council/High Commissioner for Human Rights
7. Promotion of Human Rights through Specialized Agencies
8. India’s Response towards Human Rights Treaties
Unit II: HUMAN RIGHTS UNDER REGIONAL ORGANIZATIONS

1. Regional Human Rights Approaches
2. European Convention on Human Rights, 1950
3. European Court of Human Rights
4. Enforcement Mechanism under ECHER
Unit III: HUMAN RIGHTS/HUMANITARIAN LAW AND INT. CRIMINAL LAW

1. Human Rights and International Criminal Law
2. Charter of the International Military Tribunal, 1945
3. Convention on the Prevention and Punishment of the Crime of Genocide (1948)
4. Geneva Conventions of 1949 and Additional Protocols
5. Rome Statute of International Criminal Court 1998
6. International Criminal Court and Human Rights
Suggested Readings:
Prescribed Books:
1. David Harris, Cases and Materials on International Law (2010)
2. D.W. Bowett, Law of International Institutions (2011)
3. Jan Klabbers, International Institutional Law (2009)
4. Ernst B. Haas, Beyond the Nation-State (2008)
5. D. D. Avant, M. Finnemore, S. K. Sell, Who Governs the Globe (2011)
6. Malcolm N. Shaw, International Law (2007)
7. M. Sorensen, Manual of International Law
8. Paul Kennedy, Parliament of Man (2006)
9. Chesterman, Franck and Malone, Law and Practice of United Nations (2008)
Other Materials:
1. W illiam R. Slomanson, Fundamental Perspectives on International Law (2003) Chapter
3, pp 105-157
82
2. B.S. C himney, “ International Institutions T oday: An Imperial G lobal S tate in th e

Making” EJIL 15 (2004) pp 1-37
3. S iddhartha M isra, “ Changing M ethods of U se of Force and C hallenges t o T raditional
Concept of S elf D efence-A C ontemporary Reflection” i n A shish K umar ( Ed.)
Contemporary D evelopments i n International Law: S ome R andom R eflections, S atyam
Law International (2017) pp 1-20
4. S iddhartha M isra, “ Transition from Human R ights C ommission to H uman R ights
Council: Whether the Successor Befits its Predecessor” in VK Ahuja (Ed.) Human Rights
Contemporary Issues: Festschrift i n H onour of Professor U pendra Baxi, E astern Book
Company (2019) pp 615-642
5. Reparations for Injuries Suffered in the Service of the United Nations, International Court
of Justice, Advisory Opinion, I.C.J. Reports, 1949
6. E ffect of Awards of C ompensation M ade b y UN Administrative Tribunal, ICJ R eports
1954
7. Certain Expenses of the UN Case, Advisory Opinion ICJ Reports 1962
8. Other Relevant Judicial/ICJ Decisions, Opinions
9. L. O ppenheim, International Law: A Treatise, Vol. II ( Disputes, W ar a nd N eutrality)
(1952)
10. William W. Bishop, JR, International Law (1954) 559-72
11. Ian Brownlie, International Law and the Use of Force by States (1963) Chapters 13-17.
12. T. Ehrlich & M.O. ‘Connel, International Law and the Use of Force (1993)
13. J.N. Singh, Use of Force Under International Law (1984)
14. T.H. Frank, “Who Killed Art.2 (4)” AJIL (1971) 80
15. Military and Paramilitary Activities in and against Nicaragua (Merits), Nicaragua v.
United State, I.C.J. Reports (1986) 14
16. Oil Platform Case (Merit), Iran v United States I.C.J. Reports 2003
17. Armed Activities Case, Congo v Uganda I.C.J. Reports 2005
18. Legality of the Threat or Use of Nuclear Weapons Case, Advisory Opinion of the I.C.J.
(1997) 35 I.L.M. 809, 1343
19. Relevant Security Council and General Assembly Resolutions/Declarations
20. William R. Slomanson, Fundamental Perspectives on International Law (2003) 461-67
21. Yoram Dinstein, War, Aggression and Self-Defence (2005)
22. Military and Paramilitary Activities in and against Nicaragua (Merits), Nicaragua v.
United States, I.C.J. Report (1986) 14
23. U.N. “Uniting For Peace” Resolutions, General Assembly, Nov. 3 1950
24. J. Andressy, “Uniting for Peace” 50 AJIL (1956) 35
25. Kofi A nan, “ Our M ission R emains V ital” The Wall Street Journal, www.opinion
journal.com/forms/print
26. P. Diehl, International Peacekeeping (1993)
27. UN GA Declaration on Inadmissibility of Intervention in the Domestic Affairs of States
1965, GA Res. 2131(XX) Dec 21 1965
83
28. S. Rossene, the Law and Practice of International Court of Justice

29. V.S. Mani, International Adjudication: Procedural Aspects (1980)
30. P.S. R ao, “ Reservation t o t he O ptional C lause under A rticle 36, pa ragraph 2, of t he
International C ourt of J ustice”, 46 Indian J ournal of International Law ( 2006) no.4, pp.
636-40
31. David Harris, Cases and Materials on International Law (2010) pp.833-883
32. Statute of International Court of Justice
33. Djibouti v F rance ICJ R ep. 2008, S witzerland v U .S. ICJ R ep. 1959, France v N orway
ICJ R ep. 1957, G ermany v U nited S tates ICJ R ep. 2001, India v P akistan ( Kulbhushan
Jadhav) 2017
34. P. Alston (ed), The United Nations and Human Rights: A Critical Appraisal (1992)
35. Manoj Kumar Sinha, Basic Documents on International Human Rights (2001)
36. T. Buergenthal, International Human Rights in a Nutshell (1995)
37. J.L. Kaul (ed), Human Rights: Issues and Perspectives (1995)
38. Journal of the Indian Law Institute, Human Rights Special Issue 40 (1998) Numbers 1-4
39. ECOSOC, Commission on Human Rights, 62nd Session (2006)
40. Ghanea Nazila, “From UN Commission on Human Rights to UN Human Rights Council:
One S tep Forward or Two S teps S ideways?” 55 International and Comparative Law
Quarterly (2006) no. 3, 694-705
41. European Convention on Human Rights (1950) Basic Text
42. D. Lawson, Encyclopedia of Human Rights (1996)
43. Summary of Geneva conventions of 1949 and Additional Protocols
44. Text of Convention on the Prevention and Punishment of the Crime of Genocide (1948)
45. Judgment of the Nuremberg International Military Tribunal, (1947) 41 A.J.I.L. 1972
46. Rome Statute of International Criminal Court 1998
47. Abdul G hafar H amida @ K hin M aung S ein & Hanud A bia K adouf, “ Immunity v ersus
International C rimes: T he Impact of P inochet and A rrest W arrant C ases”, 46 Indian
Journal of International Law (2006) no. 4, 495-516.
Teaching Plan:
Week 1: Formal i ntroduction of t he class with t he aim t o understand s tudent’s background
and r ational for choosing t he LL.M. course. Explanation of t he m ethod of s tudy i ncluding
lectures, case s tudy, pr oblem s olving, field w ork, di scussions, r esearch work, writing a nd
presentation of t erm pa pers b y s tudents. E xplaining t hat e xpert l ectures, a udio- visual
methods, s ymposia, assignment of t asks i ncluding t eaching t he unde rgraduate s tudents,
library v isit- searching t he of fline a nd onl ine r esources m ay a lso f orm pa rt of t he s tudy.
Introduction of t he s ubject b y providing a n ove rview of i ts di fferent pa rts a nd uni ts and
explanation of t he m ethod of m aking t erm pa pers a nd allocation of t opics t o s tudent f or
preparing a nd p resenting t erm pa pers i ncluding e xplanation of r ules of pl agiarism. T o s tart
the f irst uni t a nd e xplain i ts va rious c omponents. T o t race t he hi storical e volution of
84
International Organizations and to highlight their importance and necessity for international
cooperation and conflict resolution. (4 classes)
Week 2: First unit continues. Introduction of basic concepts and principles including types,
political a nd f unctional a spects, r ights a nd dut ies, pe rsonality, pr ivileges a nd i mmunities of
International O rganizations. O verview of t he l egal f ramework of League of N ations a nd
United Nations and the role that these organizations have played in maintaining international
peace and security. Class discussions and presentations by students shall simultaneously take
place. (4 classes)
Week 3: Second unit starts. Introduction of basic concepts and principles concerning use of
force and self-defence and their regulation by International law. To trace historical evolution
of doc trines of us e o f force and s elf-defence and t heir pos ition unde r t he International
customary l aw. T o an alyse t he co ntemporary issues, ch allenges and relevant n ational
approaches i ncluding r ole of U nited N ations a nd i ts or gans e specially S ecurity C ouncil,
General Assembly and International Courts. Class discussions and presentations by students
shall simultaneously take place. (4 classes)
Week 4: Second unit continues. To discuss the cases decided by the International Courts and
the r esolutions pa ssed b y UN S ecurity C ouncil a nd G eneral A ssembly t o unde rstand t he
meaning a nd content of t he doc trines of us e of f orce a nd s elf d efence. T o unde rstand t he
contemporary a nd r ecent de velopments a nd e volving pr actice of s tates a nd i nternational
organizations and their varying interpretations by individuals and nations. Class discussions
and student’s presentations shall simultaneously take place. (4 classes)
Week 5: Third unit starts. Introduction of concept of the intervention and its legality und er
international l aw. T o explain t he ph enomenon o f c ollective i ntervention a nd hum anitarian
intervention. T o di scuss uni lateral us e of f orce, e mergence of non -state act ors, u se o f
weapons of mass destruction, terrorist attacks, surgical strikes, anticipatory self-defence-pre-
emptive and preventive action and their legality. To introduce the concept of Responsibility
to P rotect ( R2P) a nd r ole of U nited N ations pe ace ke eping ope rations a nd ne w c hallenges
before U nited N ations. C lass di scussions a nd s tudent’s pr esentations s hall s imultaneously
take place. (4 classes)
Week 6: Third uni t c ontinues. T o i ntroduce t he c oncept of R esponsibility to P rotect ( R2P)

and role of United Nations Peace Keeping Operations and new challenges before peace and
security and how United Nations tackles them. Class discussions and student’s presentations
Week 7: Fourth unit starts. Introduction of the concept of Pacific and Judicial Settlement of
Disputes a nd th e r ole t he S ecurity C ouncil p lays in P acific a nd C ompulsive S ettlement.
Powers available to SC under Chapter VI and VII of the UN Charter. Class discussions and
student’s presentations shall simultaneously take place. (4 classes)
Week 8: To e xplain t he c omposition of International C ourt J ustice a nd i ts v arious
jurisdictions. T o e xplain t he c oncepts of reservations, r eciprocity, f orum pr orogatum,
contentious j urisdiction, opt ional c lause, c ompulsory j urisdiction, a dvisory j urisdiction,
provisional measures by ICJ. To give students the tasks of assessment of ICJ and to opine if
85
any reform is needed. Class discussions and student’s presentations shall simultaneously take
place. (4 classes)
Week 9: First unit of part two starts. To introduce the concept of human rights and explain
various a pproaches s uch a s uni versal and r elative r ights, generations of human r ights. T o
explain t he de velopment of hum an r ights unde r U nited N ations a nd r ole of U N i n
strengthening national human rights institutions. To introduce the Human Rights Council and
UN H igh C ommissioner f or H uman R ights a nd pr omotion of H uman Rights t hrough U N
Specialized Agencies. Class discussions and student’s presentations shall simultaneously take
place. (4 classes)
Week 10: First unit of part two continues. To discuss the International human rights treaties
and c ovenants i ncluding ICCPR a nd ICESCR a nd t he e nforcement m echanism unde r t hese
treaties such as human rights committee. To explain and evolve in students the understanding
about India’s r esponse t owards hum an r ights t reaties. C lass di scussions a nd s tudent’s
presentations shall simultaneously take place. (4 classes)
Week 11: Second unit of part two starts. To introduce the regional human rights approaches
such a s i n E urope, A merica a nd A frica. T o e xplain t he m echanism un der t he E uropean
Convention on H uman Rights, 1950 i ncluding the European Court of Human Rights and the
enforcement mechanism under the ECHR. Class discussions and student’s presentations shall
simultaneously take place. (4 classes)
Week 12: Second unit continues. To explain the role of human rights institutions in America
and Africa and the success they have achieved in achieving the purpose of human rights. To
encourage discussions regarding the desirability of and reasons for absence and lack of such a
human r ights m echanism i n A sia. C lass d iscussions a nd s tudent’s presentations s hall
Week 13: Third u nit in part tw o s tarts. T o i ntroduce t he c oncept of hu manitarian l aw a nd
international criminal law and to discuss their relationship with human rights. To explain the
Hague C onventions, G eneva C onventions of 1949 a nd i ts A dditional P rotocols. T o di scuss
the cu rrent s tate o f i nternational h umanitarian la w a nd its d ifferences a nd s imilarities w ith
international hum an r ights l aw. C lass di scussions a nd s tudent’s pr esentations s hall
Week 14: To introduce the concept of international criminal law and explain its relationship
with i nternational hum an r ights l aw. T o e xplain t he a im a nd pr ovisions of c harter of t he
International M ilitary Tribunal, 1945, C onvention on t he P revention and P unishment of t he
Crime of G enocide (1948), R ome S tatute of International C riminal C ourt 1998 a nd
International C riminal C ourt. C lass di scussions a nd s tudent’s presentations s hall
Week 15: Revision of t he c ourse, que ries f rom t he s tudents, pr oblem s olving a nd
presentations by students shall take place.(4 classes)
86
Unit Course Learning Teaching and Learning Assessment Tasks

Outcomes Activity
No.
1. International Case D iscussion; Lecture As given below.

Organisations- Method; G roup D iscussion
Common Attributes and Student’s Presentation
2. United N ations a nd Case D iscussion; Lecture As given below.

Regulation of U se Method; G roup D iscussion
of Force and Student’s Presentation
3. United N ations and Case D iscussion; Lecture As given below.
New T hreats T o Method; G roup D iscussion
Security/Peace and Student’s Presentation
4. UN an d S ettlement Case D iscussion; Lecture As given below.
of I nternational Method; G roup D iscussion
Disputes and Student’s Presentation
5. Human R ights Case D iscussion; Lecture As given below.
under U nited Method; G roup D iscussion
Nations and Student’s Presentation
6. Human R ights Case D iscussion; Lecture As given below.

under R egional Method; G roup D iscussion
Organisations and Student’s Presentation
7. Human R ights, Case D iscussion; Lecture As given below.
Humanitarian L aw Method; G roup D iscussion
and I nternational and Student’s Presentation
Criminal Law

Internal C omponent ( Term p aper and 20 Marks
Presentations)
IMPORTANT NOTE:
Committee o f te achers te aching th e C ourse shall b e a t lib erty to r evise th e
87

***********
88
Semester I/Semester V
Course Name: Corporate Management and Social Responsibility
Learning Objectives:
1. To e nable s tudents t o unde rstand t he r egulatory f ramework governing t he c orporate

sector.
2. To develop an idea about corporate governance and the legal framework that operates
in the field
3. To analyse the importance, role and functions of the different kinds of directors
4. To e nable t he s tudents t o a cquire unde rstanding on t he l egal f oundation on ne w
changes in New company Law
5. To give an opportunity to the students to explore the nuances of the legalities in the
area corporate social responsibility and help them to develop legal knowledge in this
field.
Learning Outcomes:
After successful completion of the course, the students will be able to:
1. Critically e valuate th e e xisting le gal framework relating to c ompany and r egulatory

framework of companies in accordance with the Companies Act, 2013 i ncluding the
Companies (Amendment) Act, 2017.
2. To e xhibit c ritical a nd a nalytical unde rstanding about the current pol icy t rends a nd
developments i n C ompany Law i n India, U K a nd U SA a nd of t he l ikely i mpact of
these trends and developments on the major topics in Company Law.
3. Acquire knowledge about the legality of corporate governance issues
4. Describe the theoretical assumptions that underlie the way companies are regulated in
India and the way changes to those assumptions might result in law reform.
5. Identify and ar ticulate complex l egal i ssues t hat ar ise i n b usiness p ractice an d
demonstrate a dvanced a nalysis of statutory pr ovisions a nd c ase-law; s ophisticated
legal reasoning; and well-developed skills in creative thinking to generate appropriate
legal and practical responses to those issues.
Content:
Topic-1
Corporate Promotion and Formation ( 3 Weeks)
89
Concept of Promotion, Promoters- Duties, Powers and Liabilities, their legal position, Pre-
incorporation contracts
Formalities for formation of company, Procedure of registration and role of registrar, online
registration o f a company, Certificate o f Incorporation and i ts c onclusiveness,
Commencement of Business
Topic-2
Corporate Incorporation (3 Weeks)
Memorandum of A ssociation- Need, C ontents a nd P rocedure f or a lteration, E ffect of

Memorandum, Doctrine of Ultra Vires, Its origin, erosion and evasion, consequences of an
Ultra Vires Transaction
Articles of Association- Contents and Relation with Memorandum, Doctrine of Constructive
Notice, Doctrine of Indoor Management- origin, application and exceptions
Topic-3
Management and Corporate Governance (3 Weeks)
Evolution of Corporate Governance in India and its recognition in the Companies Act 2013,
General Body of Shareholders, Board of Directors: Position of Directors Vis-à-vis General
Body o f S hareholder, Directors: T ypes, Q ualifications, a ppointment, r emuneration,
termination, P ower and d uties o f D irectors, Managing D irector: appointment, te rm,
remuneration and removal, Director’s Identification Number, Independent Director
Topic-4
Oppression and Mismanagement of Companies (2 Weeks)
Rule i n Foss v. Harbottle, E xceptions; P revention of O ppression a nd mismanagement,

misfeasance proceedings and winding up of on j ust and equitable grounds; Administrative
Remedies- Removal o f m anagerial pe rsonnel, a ppointment of G overnment di rectors,
Special Audit; Class Action suits
Topic-5
Corporate Liquidation (2 Weeks)
Winding up of companies, Ground of winding up; Procedure of winding up; Appointment

of liquidators; National Company law tribunal (NCLT); Special courts.
Topic-6
Corporate Social Responsibility (2 Weeks)
Introduction to CSR; Need for CSR; Theories and Justification; CSR under Companies Act,
90
2013; CSR policy Rules, 2014 and Schedule VII of Companies Act, 2013
Prescribed Legislations:
The Companies Act, 2013

Prescribed Books:
Gower’s and Davies’ Principles of Modern Company Law, (8th ed., 2008)
Palmer’s Company Law,
A. Ramaiya, Guide to the Companies Act (17th ed., 2010)
Hicks, Andrew & Goo S H, Cases and Material on Company Law, Oxford University Press
(8th ed., 2008)
Kershaw, David, Company Law in Context, Oxford University Press, UK, (2nd ed., 2012)
Gowar, LCB, Principles of Modern Company Law, Stevens & Sons, London.
Hanningan, Brenda, Company Law, Oxford University Press, UK, (2nd ed., 2009)
K.M. Ghosh & Dr. K.R. Chandratre's Company Law, (13th ed., 2007)
Avtar Singh, Company Law (16th ed., 2015)
H.K.Saharay, Company Law, (6th ed., 2012)
Prescribed Journals:
Chartered Secretary: ICSI, New Delhi
Corporate Law Adviser
Company Law Journal
Teaching Plan:
Week 1: Unit 1
Week 2: Unit 1
Week 3: Unit 1
Week 4: Unit 2
Week 5: Unit 2
Week 6: Unit 2
Week 7: Unit 3
Week 8: Unit 3
91
Week 9: Unit 3
Week 10: Unit 4
Week 11: Unit 4
Week 12: Unit 5
Week 13: Unit 5
Week 14: Unit 6
Week 15: Unit 6
At the end of each unit the student is able to learn:
Unit Leaning outcome Teaching & Learning Assessment Tasks
Activity
1. • Understand t he ne ed of Teaching: As given below.

Promotion of Company.
• Classroom lecture
• Analyse t he Formation
of Company • Case Analysis
• Group Discussion
• Develop an Learning: U nderstand
understanding a bout Promotion a nd
Effects o f Certificate o f Formation of Company
Incorporation
2. • Develop t he ba ckground and Teaching: As given below.

objective of pr eparing
companies c onstitutional • Classroom lecture
documents
• Case Analysis
• Understand t he k nowledge • Draft o f o riginal
about the different doctrines MoA, A oA of
companies
• Know the l egal Learning: D evelop
compliance r equired t o theoritical a s w ell a s
follow in the process of
preparing a ba sic practical unde rstanding
documents f or of t he pr ocess of
registeration purpose. formation of
fundamental do cuments
of a companies with the
help of e-forms
available a t M inistry o f
Corporate A ffairs
website.
3. • Develop an Teaching: As given below.
understanding on the
concept of C orporate • Classroom lecture
Governance regime
• Case Analysis
92
• Gain k nowledge • Discussion of

regarding the d ifferent practical examples
kinds of directors Learning: U nderstand
• Understand the codified the i mportance of
duties o f d irector’s Independent director.
under C ompanies A ct,
2013 Understand the rise and
fall o fc orporate
governance i n India
through S atyam
Scandal.
4. • Develop a n understanding on Teaching: As given below.
Majority Rule.
• Gain knowledge regarding the
power of central g overnment • Case Analysis
in p rotection of m inority • Discussion of
shareholders practical examples
Learning: U nderstand
• Understand t he newly enacted the c oncept of
mode f or s uit f illing ( Class
Mismanagement.
Action S uit) i n c ase of
mismangement and Understand how
oppression.
minority s hareholders
can b e p rotected b y
Companies Act, 2013.
5. • Develop an idea of dissolution Teaching: As given below.
of company
• Understand t he knowledge
about t he d ifferent m odes of • Case Analysis
winding up of company • Discussion of
practical examples
Know the l egal c ompliance Learning: U nderstand
required to f ollow i n t he the procedure of
process o fc ompulsory winding up i n
winding up.
Companies Act,2013.
6. • Understand the n eed o f C SR Teaching: As given below.
in India.
• Analyse t he Section 135 a nd
Schedule 7 • Cases study
• Discussion of
Develop a n unde rstanding practical examples
about CSR po licy of di fferent Learning: U nderstand
companies. the importance of CSR.
Understand t he c oncept
of C SR i n g lobal
93
perspective.

Presentations)
IMPORTANT NOTE:
2. S tudents a re required to s tudy/refer to th e le gislations a s a mended f rom time to
***********
94
Semester I
Course Name: Intellectual and Industrial Property Law – I
(Copyright, Neighbouring Rights and Industrial Designs)
Background
The development in human society triggered by technology and trade saw emergence
of Intellectual property laws leading to legal rights emanating from intellectual activity in the
industrial, s cientific, lite rary and a rtistic f ields. Intellectual P roperty la ws s afeguard
intellectual property for two broad reasons: One is to give impetus to creativity, innovation,
scientific development, and dissemination to encourage fair trading which would contribute
to economic and social development. The second is to give statutory expression to the moral
and economic rights of creators and the rights of the public to access creations. The study of
this d iscipline o f la w, t herefore, b ecomes e xtremely imp ortant for p rogressing in a ll th e
domains of human activity in modern times.
Course Objectives
• To get acclimatized with the rationale and general principles of Intellectual Property
Laws (IPL),
• To understand specific IPL; Copyright, Neighbouring Rights and Industrial Designs
• To study the provisions of Copyright Act, 1957 and Industrial Designs Act, 2000
• To understand the methodology of enforcement of Intellectual Property Rights
• To recognize relevancy of International Conventions in relation to Intellectual
Property
Learning Outcomes
At the end of this paper, the students should be able to learn theoretical concepts of evolution
of I ntellectual Property L aws vis a vis the i nternational d evelopment, t he em ergence o f
different branches of Intellectual Property Laws. The students learn:
(i) the legal basis of the IPL and its impact in economic, social and technological
context
(ii) synthesis of case laws, identification of issues, applicability of relevant
provisions and critical analysis of the judicial decisions with reference to copyright
and industrial designs
(iii) the existing legal framework through latest judgments and applicability of
provisions in the evolving as well as technological driven society.
Course Content
UNIT – I: INTRODUCTION- 5 classes
1. Introduction of Intellectual P roperty R ights, W TO, W orld Intellectual P roperty

Organization (WIPO).
2. Meaning of Intellectual Property; types of Intellectual Property
3. Berne Convention, UCC, TRIPs, WCT, WPPT
95
Copyright Legislation (The Copyright Act, 1957)
UNIT – II: SUBJECT MATTER OF COPYRIGHT (Section 2 and 13) 08 classes

1. Concept of ‘work’
2. Doctrines of sweat of the brow and minimal creativity
3. Idea v. Expression
4. Works in Public Domain
5. Literary, dramatic, musical and artistic works
6. Cinematograph film and sound recordings
UNIT – III: OWNERSHIP, TERM AND RIGHTS (Sections 14, 17, 22-29) 08 classes
1. Authorship
2. Ownership of Copyright
3. Term of Copyright
4. Economic Rights
a. Rights of Reproduction
b. Rights to Issue Copies of the Work
c. Right to Perform the Work
d. Right to Communicate the Work
e. Right the make Cinematograph Film or Sound Recording
f. Right to make Adaptation of the Work
g. Rental rights
5.Moral Rights See sec 57, TRIPS do not incorporate moral rights
UNIT – IV: EXPLOITATION OF RIGHTS (Section 18-21, 30-32B, 33-36A) 5 classes

1. Assignment of Copyright
2. Licensing of Copyright
a. Voluntary Licencing
b. Statutory Licencing
c. Compulsory Licensing
5. Role of C opyright s ocieties i n t he a dministration of c opyright a nd di stribution of
collected royalties by Copyright societies
UNIT –V: INFRINGEMENT OF COPYRIGHT AND REMEDIES AND RIGHTS OF

PUBLIC (Section 51, 52, 53, 55, 63-70) 08 classes
1. Infringement of Copyright
2. Circumvention of technological measures and Rights Management Information
3. International Copyright Order
4. Exception to Rights – Acts not Constituting Infringement of Copyright
5. Remedies for Infringement
96
a. Civil Remedies
(i) Preventive Civil Remedies
(ii) Compensatory Remedies
b. Administrative Remedies
c. Criminal Remedies
UNIT –VI: NEIGHBOURING RIGHTS 5 classes

1. Introduction to Neighbouring Rights
2. Performer’s Rights (Section 38-38B, 39-39A)
Who is a performer – Assignment and waiver of performer’s rights
3. Rights of Broadcasting Organizations (Section 37, 39-39A)
4. Acts not c onstituting i nfringement of p erformer’s r ights a nd R ights o f B roadcasting
organizations
UNIT –VII: INTERNATIONAL REGIME OF COPYRIGHT 5 classes

1. Agreement on Trade – Related Aspects of Intellectual Property Rights including Trade in
Counterfeit Goods (TRIPs Agreement)
2. Berne C onvention For t he P rotection of Library and Artistic W orks (Paris Act, 1971) –
Minimum Standards
(a) National Treatment
(b) Subject-matter
(c) Rights of the Author – Economic and Moral
(d) Special Provisions for Developing Countries
3. W IPO C opyright Treaty ( WCT), 1996, W IPO P erformances a nd Phonograms Treaty
(WPPT), 1996
4. International Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations, 1961 (Rome Convention).
5. Convention f or t he pr otection of pr oducers of P honograms A gainst U nauthorized
Duplication of Their Phonograms, 1971 (Phonograms Convention).
6. WIPO C opyright T reaty, 1996; a nd WIPO P erformances a nd P honograms T reaty, 1996
(Internet Treaties).
7. Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by
Satellite, 1974 (Satellite Convention).
8. TRIPs Agreement
UNIT –VIII: INDUSTRIAL DESIGNS (The Designs Act, 2000) 04 classes

(i) Introduction of Designs Law in India
(ii) Meaning of “Design”, “Article”, “Copyright”, “Proprietor of a New or Original Design”
97
(iii) Registration of Designs (Sections 3-10), Cancellation of Registration

(iv) Copyright in Registered Designs (Section 11-20)
(v) Piracy of Registered Designs, Pleading invalidity of registration without application for
cancellation and Remedies (Section 22)
(vi) Interface between copyright and industrial designs
Books
1.WIPO Intellectual Property Handbook: Policy, Law and Use (2004)

2.K.M. G arnett, J .E. Rayner J ames a nd G . D avis, C opinger a nd S kone James on
Copyright (2005, 15th ed.). Indian Reprint 2008
3.Narayanan, P., Law of Copyright and Industrial Designs (2007).
4.V.K. Ahuja, Intellectual Property Laws(2009).
5.V.K. Ahuja, Law of Copyright and Neighbouring Rights: National and International
Perspectives(2007)
6.Raman Mittal, Licensing Intellectual Property: Law & Management (2011).
7.Cornish William, Cases and Materials on Intellectual Property (2006).
8.Russel Clarke, Industrial Designs (2005, 7th ed.).
Teaching Plan:
Week 1 :Unit 1: I ntroduction of Intellectual P roperty R ights, W TO – TRIPs A greement,
World Intellectual P roperty Organization ( WIPO)., Enforcement a nd Abuse, C ontrol of
Abuse by Competition Law
Week 2: C ontd…Unit 1: Introduction of Intellectual P roperty R ights, W TO – TRIPs
Agreement, World Intellectual Property Organization (WIPO)., Enforcement and Abuse,
Control of Abuse by Competition Law
th
Week 3: C ontd... U nit-1: C opyright, i ts N ature, P revalent from 15 Century, B erne
Convention, UCC, TRIPs, WCT, WPPT, Features of Copyright
Week 4: U nit-II: M eaning o f w ork, D efinitions, S weat o f B row, M inimal C reativity,
Expression v. Idea, Originality, Works in Public Domain,
Subject-matter-Literary, musical, artistic, dramatic works
Week 5:Contd....Unit-II: Cinematograph film and Sound Recordings, Multiple copyrights in
some Products/works
Week 6: Unit III:
1. First Owner of Copyright – Author
1.1 Ownership – different yardsticks
1.2 Ownership of Computer generated works
2. Term of Copyright – Berne, UCC, TRIPs, India and other countries
Week 7: Contd... Unit-III: Economic Rights – Special emphasis on:
1. Rights of Reproduction of Storing of work
2. Rights to Issue Copies of the Work
98
3. Right to Perform the Work

4. Right to Communicate the Work
5. Right the make Cinematograph Film or Sound Recording
6. Right to make Adaptation of the Work – also see S 2(a)
7. Right to Rental and definition of commercial rental S.2(fa)
3.1. Right in Cinematograph Films
3.2. Right in Sound Recordings
Week 8: Contd.... Unit-III: Moral Rights
Week 9: Unit 4:
1. Assignment of Copyright
2. Licensing of Copyright
3. Voluntary Licencing
4. Statutory Licencing
5. Compulsory Licensing
6. Role of Copyright Societies in the Administration of Copyright
7. Method of Distribution of collected royalties
Week 10:
1. Infringement of Copyright
2. Circumvention of technological measures and Rights Management Information
3. International Copyright Order
4. Exception to Rights – Acts not Constituting Infringement of Copyright
Week 11: Contd.... Unit V: Remedies for Infringement
a. Civil Remedies
b. Administrative Remedies
c. Criminal Remedies
Week 12:
1. Introduction t o N eighbouring R ights – Phonograms, P erformers R ights, R ights of
Broadcasting Organizations.
2. Performers Rights (Section 38-38B, 39-39A)
3. Who is a performer – Assignment and waiver of performer’s rights
4. Rights of Broadcasting Organizations (Section 37, 39-39A)
5. Acts not c onstituting i nfringement of pe rformer’s r ights a nd R ights of Broadcasting
organizations
Week 13:
1. Agreement on Trade – Related Aspects of Intellectual Property Rights including Trade in
Counterfeit Goods (TRIPs Agreement)
2. Berne C onvention For t he P rotection of Library and Artistic W orks (Paris Act, 1971) –
Minimum Standards
(a) National Treatment
(b) Subject-matter
99
(c) Rights of the Author – Economic and Moral

(d) Special Provisions for Developing Countries
3. W IPO C opyright Treaty ( WCT), 1996, W IPO P erformances a nd Phonograms Treaty
(WPPT), 1996 (Internet Treaties)
Week 14:
1.Introduction of Designs Law in India
2.Meaning of “Design”, “Article”, “Copyright”, “Proprietor of a New or Original Design”
(Section 2). Section 15 of Copyright Act – conflict with designs
Week 15: Contd…Unit VIII
1.Registration of Designs (Sections 3-10), Cancellation of Registration
2.Copyright i n R egistered D esigns ( Section 11 -20), P iracy o f R egistered D esigns,
Pleading invalidity of registration without application for cancellation and Remedies
(Section 22)

Unit Course Learning Outcomes Teaching Assessment
No. and Tasks
Learning
Activity
1. 1. Impact of evolution, nature, concept of IPRs on
society
2. Requirement of International conventions in
shaping of Intellectual Property laws i) Classroom As given
teaching below.
2. 1. Defitional Contours of Copyright
i) Presentati
ons/Discu
3. 1. Ownership intricacies in copyright ssions
4. 1. Importance of exploitation of rights in copyright
5. 1. Infringement of copyright
2. Civil and criminal remedies
6. Introduction to Neighbouring Rights and performing

rights etc.
100
7. International Regime of Copyright
1. Concept and Objectives of Protection of Industrial

Designs
2. Topical interfaces of Industrial Design law with
8. TM Law and Copyright Law
Prescribed Readings:

Presentations)
IMPORTANT NOTE:
***********
101
Semester I
Course Name: Comparative Labour and Wage Law
Individual and collective c ontracts, w ages a nd be nefits, w orking hours a nd l eave

entitlements, p rotections from d iscrimination a nd u nfair d ismissal, th e right to o rganize,
bargain collectively, and seek redress of grievances – these are some of the issues that affect
Industrial r elations. In a n e ra of g lobal s upply chains, de centralized pr oduction, a nd t he
increasingly rapid and transnational movement of capital, goods, information and people, it is
important for students of labor to develop a comparative and international perspective on the
laws that govern labor relations.
Course Objectives
1. To pr ovide s tudents w ith a n ove rview of l abor a nd e mployment l aw i n di fferent
countries ( India, U S, U K a nd A ustralia) r epresenting di fferent a pproaches t o t he
fundamental social and legal project of protecting workers’ rights and regulating the
relationship between labor and capital.
2. To m ake s tudents de velop a br oader unde rstanding a nd de eper a ppreciation of t he
fundamental labor/management issues confronting contemporary industrial societies,
including the India, US, United Kingdom and Australia.
3. To ex amine t he ef fectiveness of l abour l aw a s a m eans t o i mprove Industrial
Relations and promote expeditious and effective settlement of dispute.
4. To acquaint the students with the importance of wage law, theories and typology of
wages, fixation of wages in different countries.
Learning Outcomes
1. identify the primary sources of national labor and employment law in at least
four c ountries and unde rstand how t o gain a ccess t o t hat i nformation f or
research an d analysis a nd e xhibit c onceptual und erstanding of va rious f acets
of labour laws in these countries.
2. discuss a nd evaluate v ariations in la bor la w, employment l aw, collective

bargaining a greements, a nd l abor r elations i nternationally, w ith pa rticular
attention t o a ssessing h ow w ell s uch s ystems protect w orkers’ rights and
regulate the relationship between labor and capital.
3. Critique the labour law and labour policy with better understanding and Write
research p apers an d ca se co mments ai ding t he em ployees, em ployer a nd
government.
102
4. Learn t o u se h istorical an d co mparative ev idence t o ev aluate co ntemporary

proposals for labour legislation and collective bargaining agreements.
5. To practice in labour law in the Law Courts/tribunals and Law Firms.
Course Content:
Unit- I –Labour Law in Comparartive Perspective: Conceptual Framework in different

countries
• Origin, Historical Backdrop
• Sources of Labour Laws_ Constitutions, Statutes, Agreements (collective bargaining),
International Law
• Scope and Goals of Labour Law
• Labour Rights as Human Rights
• Use of Comparative Labour Law
• International Labour O rganisation- Introduction, W orking of ILO, Contribution of
ILO i n pr omotion a nd creation of l abour s tandards, Effect of non -compliance o f
International Labour Standards
 Otto Kahn Freund, Labour and the Law, Stevens & Sons: London 1983.
 Bronstein, A rturo S ., International and Comparative Labour Law: Current
Challenges, Palgrave Macmillan, (2009).
 G.B. Pai, Labour Law in India,Butterworths: New Delhi, (2001).
 Sharit K Bhowmik, “The W orking C lass M ovement i n India: T rade Unions and t he
State” i n M anoranjan M ohanty ( ed.) Caste, Class, Gender, S age P ublications: New
Delhi (2004).
 K G Kannabiran , The Wages of Impunity : Power, Justice and Human Rights,Orient
Black Swan: New Delhi (2004).
 Ruth D ukes, The Labour Constitution: The Enduring Idea of Labour Law, O xford
University Press: London (2014).
 V. J anardhan, Industrial Relations in India: Towards a New Socio-Political
Approach, Orient Longman: New Delhi (2016).
 Guy D avidov, A Purposive Approach to Labour Law (Oxford U niversity P ress,
2016).
 Servais, Jean-Michel, International labour law, Kluwer Law International, 2nd E dn,
2008
 Rodgers, Gerry et al, The International Labour Organization and the quest for social
justice, 1919-2009, ILR Press/Cornell University Press, 2009
Unit II- Industrial Relations – A Comparative Analysis
103
• Who is an employer and who is an employee

• Contract o f e mployment- Varieties of l abor c ontracts: i ndividual, c ollective, a nd
employment at will
• Employment contracts vs. service contracts
• “Non-standard” employment.
• Concept and meaning; collective bargaining – Comparative position in India, USA &
UK; Role of ILO in promoting collective bargaining;
• Collective bargaining: Concept and its applications in harmonious industrial relations.
• Levels of collective bargaining process
• Right to strike and lock-out, other collective actions.
• Role of the ILO in promoting Collective bargaining
• Relevant provisions various national legislations
• Layoffs, Dismissals, a nd N on-Competition- Fair a nd u nfair d ismissals, “ Collective
redundancies” and “downsizing”
Unit- III- Dispute Settlement
• Conflict/s between Labour and Management

• Disputes over rights
• Disputes over interests
• Role of the State in resolution of conflict/s between Labour and Management
• Grievance procedures
• Methods of resolving dispute
 Conciliation
 Arbitration and mediation
 Collective bargaining
 Adjudication
Unit- IV- Freedom of Association- Evolution and Development of Trade Unionism

• Constitutional and international norms – Right of unorganized labour to form unions
• Fundamentals of Trade Union
• Historical development of trade unions
• Privileges, rights, immunities and problems of trade unions.
• Globalisation, privatization and its impact on the working of the Trade Unions.
Recommended Readings
 K R S hyam S undar, “ Trade U nions i n India” i n J ohn B enson a nd Y ing Z hu ( ed.),
Trade Unions in Asia: An Economic and Sociological Analysis 157-176 (Routledge:
London 2003).
 Sharit K Bhowmik, “The W orking C lass M ovement i n India: T rade Unions and t he
State” i n M anoranjan M ohanty ( ed.) Caste, Class, Gender, S age P ublications: N ew
Delhi (2004).
 Kamala S ankaran, Freedom of Association in India and International Labour
Standards, LexisNexis Butterworths: Delhi, 2009.
 G.B. Pai, Labour Law in India,Butterworths: New Delhi, 2001.
 Prof. S .C. S rivastava, Containing Workplace Conflict: Role of Social Partners, T he
BookLine Publications: New Delhi (2013).
104
 Prof. S. C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House
Pvt. Ltd.: New Delhi, 2012.
 Indian L aw I nstitute, Labour law and labour relations, I ndian L aw Institute New
Delhi, 2007.
Books:
 Kamala S ankaran, Freedom of Association in India and International Labour
Standards, Lexis Nexis Butterworths: Delhi, 2009.
 Prof. S. C. Srivastava, Industrial Relations and Labour Law, Vikas Publishing House
Pvt. Ltd.: New Delhi, 2012.
 Indian L aw I nstitute, Labour law and labour relations, I ndian L aw Institute New
Delhi, 2007.
Unit V- Wages
• Concept and Theories of Wages
• Living wages, Fair wages and Minimum wages
• Fixation of wages and its Consequences
• Zoe A dams, “ Understanding t he M inimum W age: P olitical E conomy a nd Legal
Form”, 78(1) Cambridge Law Journal 42–69 (2019).
Unit VI- Trends and Challenges

• The New Economic Policy and its impact on Management relations in India.
• Governing the workplace
• Self-regulation and co-regulation- Global and Local
• Work, family, and leave entitlements- Vacation, sick leave, holidays, Maternity leave
and parental leave, Childcare, Flexible work arrangements
Selected Readings
1. Hugh Collins "Labour Law as a Vocation” 105 Law Quarterly Review 468 (1989).
2. Ela Bhatt and R enana J habvala, “ Idea of W ork” , V ol. XXXIX ( No. 48) Economic
and Political Weekly 5133-5140 (November 27, 2004).
3. Guy D avidov , “ Setting Labour Law's C overage: Between U niversalism a nd

Selectivity” 34(3) Oxford Journal of Legal Studies 543-566 (2014).
105
4. Debi S Saini, “Labour Legislation and Social Justice” Vol - XXXIV (39) Economic &
Political Weekly L32-L40 (September 25, 1999)
5. Bushan T ilak K aul, “‘Industry’ ‘Industrial D ispute’ a nd ‘ Workman’: Conceptual

Framework and Judicial Activism” 50(1) Journal of Indian Law Institute 3-50 (2008).
6. Bushan T ilak K aul, “ Disciplinary A ction a nd P owers of Industrial A djudicator: A

Critique of Judicial I ntervention” 49( 3) Journal of Indian Law Institute 309-364
(2008).
7. SEMINAR issue of May 2015 on ‘Reforming Labour Law’.
Report of Commissions and Conventions
1. Reports of National C ommission on Labour 19 69 a nd 2002: Academic Foundation

New Delhi, 2003
2. ILO Conventions and Recommendations- www.ilo.org.
Teaching Plan:
Week 1 : Labour Law in Comparartive Perspective: C onceptual F ramework i n di fferent

countries- Introduction of ba sic c oncept. Origin, H istorical B ackdrop , S ources of Labour
Laws_ Constitutions, Statutes, Agreements (collective bargaining), International Law, Scope
and Goals of Labour Law
Week 2 : Labour R ights a s H uman R ights, U se of C omparative Labour Law, International

Labour Organisation- Introduction, Working of ILO, Contribution of ILO in promotion and
creation of labour standards, Effect of non-compliance of International Labour Standards
Week 3 : Industrial Relations – A C omparative A nalysis- Introduction, E mployer-

Employee Relationship, Types of Contract.
Week 4: Concept and meaning; collective bargaining – Comparative position in India, USA
& UK and Australia; Role of ILO in promoting collective bargaining;
Collective bargaining: Concept and its applications in harmonious industrial relations.
Levels of collective bargaining process
Week 5:Role of the ILO in promoting Collective bargaining, Relevant provisions various
national legislations, Layoffs, Dismissals, and Non-Competition- Fair and unfair dismissals,
“Collective redundancies” and “downsizing”
.
Week 6 : Dispute Settlement- Conflict/s be tween Labour and M anagement, Disputes ove r
rights, Disputes over interests, Methods of resolving dispute
Week 7: Freedom of Association- Evolution and Development of Trade Unionism

106
Week 8: Constitutional and international norms – Right of unorganized labour to form unions
Week 9: Fundamentals of Trade Union, Historical development of trade unions , P rivileges,
rights, immunities and problems of trade unions
Week 10: Globalisation, privatization and its impact on the working of the Trade Unions.
Week 11: Wage- Concept and Theories of Wages, Living wages, Fair wages and Minimum
wages
Week 12: Fixation of wages and its Consequences
Week 13: Trends and Challenges - The N ew E conomic P olicy a nd i ts i mpact on

Management relations in India
Week 14:Governing the workplace; Self-regulation and co-regulation- Global and Local.
Week 15: Regulations regarding Work, family, and leave entitlements- Vacation, sick leave,
holidays, Maternity leave and parental leave, Childcare, Flexible work arrangements
Unit Course Learning Teaching and Assessment Tasks

No. Outcomes Learning Activity
1. Identify th e p rimary Classroom As given below.
sources of na tional l abor Lectures and
and employment law in at Class
least four c ountries a nd Presentations.
understand how t o gain
access to th at in formation
for r esearch and an alysis
and exhibit c onceptual
understanding of v arious
facets o f l abour l aws i n
these countries.
2. Discuss and evaluate Classroom As given below.

variations in labor law, Lectures and
employment law, Class
collective bargaining Presentations.
agreements, and labor
relations internationally,
with particular attention
to assessing how well
such systems protect
workers’ rights and
regulate the relationship
between labor and capital.
107
3. Critique the labour law Classroom As given below.

and labour policy with Lectures and
better understanding and Class
Write research papers and Presentations.
case comments aiding the
employees, employer and
government.
4. Learn to use historical and Classroom As given below.
comparative evidence to Lectures and
evaluate contemporary Class
proposals for labor Presentations.
legislation and collective
bargaining agreements
5. Become vivid Litigants Classroom As given below.
and Researchers. Lectures and
Class
Presentations.

Presentations)
IMPORTANT NOTE:
Committee o f te achers te aching th e Course shall b e a t lib erty to r evise th e
***********
Semester I/ Semester V
108

Course Name: Criminal Justice and Human Rights
Course Objectives:
This Course aims to introduce the criminal justice system elaborately and the related human
rights i ssues. T he s tudents s hall l earn how da ngerously C rime a ffects t he l ives of t he
offenders as well as the victims in different ways. Further, the course has been so designed as
to e nable t he s tudents t o unde rstand t hat a s t he pr imary r esponsibility of t he S tate i s t o
maintain l aw a nd or der so c riminal j ustice i nvolves ba lancing t he r ights a nd dut ies of t he
criminal, th e v ictim, th e S tate a nd th e s ociety a t la rge. T he S tate h as th e power t o de clare
certain actions as crimes, so it also acquires the powers to investigate, arrest, prosecute, and
punish the offenders. The students shall appreciate that the accused persons being vulnerable
need certain checks provided b y l aw t o ensure t hat nobod y i s s ubjected t o arbitrary a rrests,
prosecution a nd puni shment. T he s tudents s hall be s ensitized a bout t he needs of vi ctims i n
criminal justice system. The students shall learn the relationship and tensions among the key
players in c riminal ju stice – the c riminal l aws, S tate, a ccused, s uspects, of fenders, vi ctims
and society at large. The students shall also critically assess the cap acity of criminal justice
systems t o ensure t he pr otection of hum an rights of di fferent s takeholders and t o s crutinize
the recent developments and changes that have taken place in this field.
Course Learning Outcomes:
After successful completion of this Course, students should be able to:
1. Learn about the Criminal Justice System, its aims and objectives, its components, its
administration, a nd a dversarial and in quisitorial s ystems o f c riminal ju stice. They
shall a lso l earn a bout the k ey p layers in c riminal ju stice – the criminal l aws, S tate,
accused, suspects, offenders, victims and society at large.
2. Know a bout t he International F ramework o f H uman R ights in C riminal J ustice, it s
concepts, its instruments, and its various initiatives in this field.
3. Have knowledge of provisions regarding protection of human rights in Central Laws
relating to Criminal Justice and under Special Laws.
4. Acquire t he know ledge a bout access t o j ustice i ssues dur ing i nvestigation,human
rights is sues in tr ial, h uman r ights p erspectives to S tate’s r esponse to c rime a nd
human rights initiatives in prisons.
5. Have the information of alternatives/diversion from criminal justice like Lok Adalats,
Mediation and Restorative Justice.
Contents:
Unit I:
Fact Sheet relating to Crime in India: Profile of crimes in India: Rate of crime; proportion
of di fferent c rimes; a ge, s ex, e ducation, e conomic s tatus of of fenders; t rends i n c rime;
conviction rate.
Unit II:
109
Introduction to Criminal Justice: What is c rime; w ho is a c riminal; W hy p eople c ommit

crimes; a ims a nd o bjectives o f c riminal ju stice, c omponents o f criminal ju stice s ystem;
administration of criminal justice; adversarial and inquisitorial systems of criminal justice.
Unit III:
International Framework of Human Rights in Criminal Justice: Salvador Declaration on
Comprehensive S trategies f or G lobal C hallenges: C rime P revention a nd C riminal J ustice
Systems a nd T heir Development i n a C hanging W orld; U nited N ations R ules f or t he
Treatment of W omen P risoners a nd N on-custodial M easures f or W omen O ffenders ( the
Bangkok R ules); UN S tandard min imum r ules f or tr eatment o f p risoners; R ome S tatute o f
International Criminal Court.
Unit IV:
Protection of Human Rights in Central Laws relating to Criminal Justice: Articles 20-
22 of the Constitution; Human Rights Issues in the IPC, the CrPC, the Indian Evidence Act;
the Protection of Human Rights Act 1993.
Unit V:
Human Right Issues under Special Laws: Terrorism, N DPS, hum an t rafficking, of fences
against women, protection of children against sexual offences.
Unit VI:
Access to Justice Issues during Investigation: Arrest, police and judicial custody; Grant of
bail a nd unde r-trial pr isoners; T orture dur ing Interrogation; U se of f orensic a nd s cientific
investigation techniques.
Unit VII:
Human Rights Issues in Trial: Role a nd R esponsibilities of P rosecutor; S peedy and Fa ir
Trial; Quality Legal Aid; W itness and Victim P rotection; R ole and R ights of Victims; Plea
Bargaining; Compensation to Victims.
Unit VIII:
Human Rights Perspectives to State’s Response to Crime: Meaning a nd C oncept of
Punishment; D eath pe nalty: Retention or a bolition de bate a nd Legal and C onstitutional
issues; I mprisonment and Prisoners’ ri ghts; Non-custodial p unishments o f r elease af ter d ue
admonition, probation, fine, forfeiture of property; public censor.
Unit IX:
Diversion from Criminal Justice: Lok Adalats and mediation; Restorative Justice.
Unit X:
HR Initiatives in Prisons: Prison Reforms, Reformation Initiatives in Prisons; Open Prisons.
110
Suggested and Prescribed Readings:
Crime in India 2017 available at http://ncrb.gov.in/.

REPORT OF MALIMATH COMMITTEE ON REFORM OF CRIMINAL JUSTICE SYSTEM, Vol 1 (March
2003) a vailable a t
http://www.mha.nic.in/hindi/sites/upload_files/mhahindi/files/pdf/criminal_justice_system.pd
f.
Vijay N agaraj a nd B ikram J eet B atra, “ Criminal Justice S ystem ‘ Reforms’, P art 1 a nd II
available at http://indiatogether.org/malimath-human-rights and
http://indiatogether.org/2malimath-human-rights.
V.R. K rishna Iyer, “ Social J ustice a nd t he H andicapped H umans” in K .D. G aur, CRIMINAL
LAW AND CRIMINOLOGY.
K.D. Gaur, “Criminal Justice System and Social Defence” in K.D. Gaur, CRIMINAL LAW AND
CRIMINOLOGY.
N.V. Paranjape, CRIMINOLOGY PENOLOGY WITH VICTIMOLOGY.
Henry M . H art, J r., “ The A ims of C riminal Law” i n 23 LAW AN D CONTEMPORARY
PROBLEMS, 401 (1958).
Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention
and C riminal J ustice S ystems a nd T heir D evelopment in a C hanging World, a vailable a t
https://www.unodc.org/documents/crime-congress/12th-Crime-
Congress/Documents/Salvador_Declaration/Salvador_Declaration_E.pdf.
M. C heif B assiouni, “ Human R ights In T he C ontext O f C riminal Justice: Identifying
International Procedural Protections And Equivalent Protections In National Constitutions”, 3
(235) DUKE JOURNAL OF COMPARATIVE AND INTERNATIONAL LAW, 235 (1993).
Neglected N eeds: G irls in th eC riminal J ustice S ystem, a vailable a t
www.penalreform.org/wp-content/uploads/2014/.../girls-crim-just-v4.pdf .
P.N. B hagwati, “ Human R ights i n C riminal Justice S ystem” i n K .D. G aur, CRIMINAL LAW
AND CRIMINOLOGY.
K. I. V ibhute,CRIMINAL JUSTICE A HUMAN RIGHTS PERSPECTIVE O F THE CRIMINAL JUSTICE

PROCESS IN INDIA, Eastern Book Company.
UN S tandard M inimum R ules f or T reatment o fP risoners, a vailable a t
http://www.ohchr.org/Documents/ProfessionalInterest/treatmentprisoners.pdf.
Rome S tatute o f International C riminal C ourt, a vailable at http://www.icc-
cpi.int/nr/rdonlyres/ea9aeff7-5752-4f84-be94-0a655eb30e16/0/rome_statute_english.pdf.
111
UN R ules f or t he T reatment of W omen Prisoners a nd N on-custodial M easures f or W omen

Offenders w ith th eir C ommentary, available at https://www.unodc.org/documents/justice-
and-prison-reform/Bangkok_Rules_ENG_22032015.pdf.
Dr. Ashutosh, RIGHTS OF ACCUSED, Universal Law Publishing.
Ved K umari, “ Gender A nalyses of Indian P enal C ode” i n A. D handa a nd A . P arashar

(eds),ENGENDERING LAW ESSAYS I N HONOUR O F PROFESSOR LOTIKA SARKAR, 139-160
(1999) Eastern Book Company, India.
“Sexual Offences”in N.V. Paranjape, CRIMINOLOGY PENOLOGY WITH VICTIMOLOGY.
Law C ommission of I ndia R eport N o. 154 V ol 1 on C ode of C riminal P rocedure ( 1996)
available at http://lawcommissionofindia.nic.in/.
Law C ommission of India R eport No. 177 on Law r elating t o Arrest ( 2001) a vailable at
http://lawcommissionofindia.nic.in/
Law C ommission of India R eport N o. 185 on E vidence A ct ( 2003) a vailable a t
Law C ommission of India R eport N o. 226 on A cid A ttack V ictims ( 2008) a vailable a t
Anil Kalhan, “Colonial Continuities: Human Rights, Terrorism, and Security Law in India”
20 C olumbia J ournal of A sian Law p.93 ( 2003) a vailable at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=970503.
Criminal Justice R esponse to S upport V ictims o f A cts o f T errorism, a vailable a t
http://www.un.org/en/terrorism/ctitf/pdfs/victims_rights_e-book_en.pdf.
Janie A. Chuang, “Rescuing Trafficking from Ideological C apture: P rostitution R eform and
Anti-Trafficking Law a nd P olicy” 158 U niversity of P ennsylvania Law R eview ( 2010)
available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1669973.
Anne T . G allaghar, “ Using International H uman R ights Law to Better Protect V ictims o f
Trafficking: The P rohibitions on S lavery, S ervitude, Forced Labour and Debt Bondage”, i n
THE THEORY AND PRACTICE OF INTERNATIONAL CRIMINAL LAW: ESSAYS IN HONOUR OF M.
CHERIF BASSIOUNI,L. N. Sadat and M. P. Scarf, eds., pp. 397-430, (2008 ).
Status of Implementation of POCSO Act in Delhi, Report of DCPCR, July 2015, available at
delhi.gov.in/wps/wcm/connect/DOIT_DCPCR/dcpcr/publication/status+of+implementation+
of+pocso+act,+21012+in+delhi.
112
Law C ommission of India R eport N o. 203 on D owry D eath, available at

Chauntelle R. Wood, “Romeo and Juliet: The 21st Century Juvenile Sex Offenders” Southern
University Law Review (2012) available at
Moti Ram v. State, AIR 1978 SC 1594
Shobha Agarwal, “Revisiting Krishna Iyer’s Treatise on Bail in the Context of Tejpal’s Case”
available athttp://www.sacw.net/article8657.html.
Law C ommission of India R eport N o.185 P art II on R eview of Indian E vidence A ct 1872
(2003) available at http://lawcommissionofindia.nic.in/
Law C ommission of India R eport N o.239, EXPEDITIOUS INVESTIGATION AND TRIAL I N
CRIMINAL CASES AGA INST INFLUENTIAL PUBLIC PERSONALITIES (2012) a vailable a t

DNA Technology (Use and Application) Regulation Bill 2018.
A. Ramesh and Anirudh Krishnan, “Compensation for Victims: The Need of the Hour” in P.
Madhava S oma S undaram et al, CRIME VICTIMS AN D JUSTICE: AN INTRODUCTION T O
RESTORATIVE PRINCIPLES, (2008) Serials Publications.

Ashish G oel a nd S hilpa G oel, “ Compensation to V icitms o f C rime in I ndia: Legislative
Framework and Judicial Precedents in the Backdrop of International Norms and Standards” 2
(1-2) CRIME PUNISHMENT AND LAW – AN INTERNATIONAL JOURNAL –17-30 (2009).
R. Sreekumar, “Restitutive Justice and Victims: Right to Compesation” in P. Madhava Soma
Sundaram et al, CRIME VICTIMS AND JUSTICE: AN INTRODUCTION T O RESTORATIVE
PRINCIPLES, pp. 44-55 (2008) Serials Publications.
Kristin Henning, “What’s Wrong with Victims’ Rights in Juvenile Court?: Retributive versus
Rehabilitative System of Justice”, 97 California Law Review 1107 (2009).
Law C ommission of India R eport No. 154 on C ode of C riminal P rocedure 1973 V ol.1, pp.
51-54, 57-65 (1997) available at http://lawcommissionofindia.nic.in/
Delhi V ictim C ompensation S cheme 2012, a vailable a t
http://delhi.gov.in/wps/wcm/connect/3ba2ab004a168918a0c4b7054aa9b1b1/New+Microsoft
+Office+Word+Document+(4).pdf?MOD=AJPERES&lmod=-287399459
Law Commission of India Report No. 42 on INDIAN PENAL CODE, pp.44-81 (1971) available
at http://lawcommissionofindia.nic.in/
Law Commission of India Report No. 156 INDIAN PENAL CODE pp. 15-61 (1997) available at
113
Law C ommission of India R eport N o. 262 on DEATH PENALTY (2015) available at

Gabriel J . C hin “ The New C ivil D eath: R ethinking P unishment i n t he E ra of M ass
Convictions” UC Davis Legal Studies Research Paper Series Research Paper No. 308 August
2012, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2072736
Cecelia M . K lingele, “R ethinking t he U se of C ommunity S upervision” Univ. of W isconsin
Legal S tudies R esearch P aper N o. 1220 in 1 03 ( 4) J OURNAL O F CRIMINAL LAW A ND
CRIMINOLOGY (2013) , a vailable at

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2232078
Carrie M enkel-Meadow, “ Restorative J ustice: W hat i s i t a nd D oes i t W ork?” G eorgetown
Public L aw R esearch P aper N o. 100548 5 A nnual R eview ( 2007) a vailable a t
Maggie T. Grace, “Criminal Alternative Dispute Resolution: Restorative Justice, Respecting
Responsibility, and Reviewing Public Norms”, 34 VERMONT LAW REVIEW (2010) available at
Chapter 2 “Need and Importance of Restitutive Justice” in P. Madhava Soma Sundaram et
al, CRIME VICTIMS AND JUSTICE: AN INTRODUCTION TO RESTORATIVE PRINCIPLES, pp. 13 -43
(2008) Serials Publications.
Paul H. Robinson, “The Virtues of Restorative Processes, the Vices of Restorative Justice” in
Utah Law R eview pp. 27 5-388 ( 2003), a vailable a t
S. Maheshwari and Bhavya Sriram, “Victim Offender Mediation and Criminal Justice” in P.
Madhava S oma S undaram et al, CRIME VICTIMS AN D JUSTICE: AN INTRODUCTION T O
RESTORATIVE PRINCIPLES, pp. 125-135 (2008) Serials Publications.

Kathleen D aly and J ulie S tubbs, “ Feminist E ngagements w ith R estorative J ustice”, 10 ( 1)
THEORETICAL CRIMINOLOGY pp 9 -28 ( 2006) a vailable
athttp://papers.ssrn.com/sol3/papers.cfm?abstract_id=699841
Vijay Raghvan, “Prison Reforms: Historical and Contemporary Perspectives” in Jaishankar,
et al ( Eds.), INDIAN PRISONS: TOWARDS REFORMATION, REHABILITATION A ND
RESOCIALISATION, pp. 38 -63 ( 2014) a vailable a t

“National P olicy on P rison R eforms a nd C orrectional A dministration”, B ureau of P olice
Research & Development Ministry of Home Affairs, Government of India New Delhi (2007)
available at http://bprd.nic.in/writereaddata/linkimages/5261991522-Part%20I.pdf
114
“An O verview of P risons i n India”, a vailable a t

http://www.rajprisons.nic.in/Training/Overview%20of%20prisons%20in%20India.pdf
“Minutes & R ecommendations O f T he National S eminar O n ‘ Prison R eforms’” H eld A t
India Habitat C entre, N ew D elhi O n 15t hA pril, 2011 a vailable at
http://nhrc.nic.in/Documents/Minutes%20&%20Reco%20Prison%20Reform.pdf
PRISON STATISTICS 2013 available at http://ncrb.gov.in/
MODEL PRISON MANUAL 2003 a vailable a t
http://bprd.nic.in/writereaddata/linkimages/1445424768-content%20%20chapters.pdf
Brenda S mith, “ The P rison R ape E limination Act: I mplementation a nd U nresolved Issues”
American University, W CL R esearch p aper N o. 2008 -49 ( 2008) a vailable a t
List of Cases:
Arnesh Kumar v. State of Bihar & Anr., 2014 (6) SCJ 219.
Nipun Saxena & Anr. v. Union of India & Ors, 2019 (1) SCJ 430.
Mallikarjun Kodagali (dead) v. State of Karnataka & Ors., 2019 (1) SCJ 350.
Romila Thapar & Ors. v. Union of India & Ors., 2019 (3) SCJ 524.
Rajendra Pralhadrao Wasnik v. State of Maharashtra, 2019 (3) SCJ 447.
Mahender Chawla & Ors. v. Union of India & Ors., 2019 (3) SCJ 370.
Teaching Plan:
Week 1 (2 Lectures): Unit I

Week 1 – Week 2 (4 Lectures): Unit II
Week 2 (2 Lectures): Unit III
Week 3 – Week 4 (8 Lectures): Unit IV
Week 5 – Week 6 (6 Lectures): Unit V
Week 6 – Week 7 (4 Lectures): Unit VI
Week 7 – Week 8 (6 Lectures): Unit VII
Week 9 – Week 10 (8 Lectures): Unit VIII
Week 11 (2 Lectures): Unit IX
Week 11 – Week 12 (4 Lectures): Unit X
Week 12 – Week 15 (14 Lectures): Presentations in the Class
Unit Course Learning Outcomes Teaching and Learning Assessment Tasks

No. Activity
1. Acquire knowledge about Primarily c lassroom As given below.
115
Fact S heet r elating to discussion o n th e s tatistics

Crime i n India w hich as pr ovided i n N CRB Data
includesprofile o f c rimes and ot her authorised r eports
and c riminals, t rends i n about the topic.
crime an d co nviction r ate
in India.
2. Acquire kno wledge about Primarily C lassroom As given below.
the b asic co ncepts i n Lectures and di scussion
Criminal J ustice like about t he t opic i n a
crime; c riminal; r easons participatory w ay.
for c ommission o f c rimes; Discussion on c urrent
aims a nd obj ectives of developments in the field.
criminal ju stice,
components of criminal
justice s ystem;
administration o f c riminal
justice; and adversarial and
inquisitorial s ystems of
criminal justice.
3. Acquire k nowledge about Primarily C lassroom As given below.
the International Lectures an d di scussion on
Framework o f H uman the i nternational hu man
Rights in C riminal J ustice rights in struments r elated to
including Salvador criminal ju stice. S pecial
Declaration o n emphasis w ill b e o n la test
Comprehensive S trategies developments i n
for G lobal C hallenges: international la w o n this
Crime P revention a nd subject.
Criminal J ustice S ystems
and T heir D evelopment i n
a C hanging W orld; U nited
Nations R ules f or t he
Treatment o f W omen
Prisoners a nd N on-
custodial M easures f or
Women O ffenders ( the
Bangkok R ules); UN
Standard min imum r ules
for t reatment o f p risoners;
Rome Statute o f
International C riminal
Court.
the pr ovisions f or t he Lectures di scussing relevant
protection of human r ights Legal Statutes an d
in Central Laws relating to Landmark C ases s ometimes
Criminal J ustice by us ing M oot C ourt
i.e.Articles 2 0-22 of t he Techniques emphasising on
Constitution a nd hum an latest developments in law.
rights issues in the IPC, the Participatory M ethods.
116
CrPC, the Indian E vidence Discussion on c urrent

Act; a nd t he P rotection of developments, on r elevant
Human Rights Act 1993. news ite ms f rom me dia, o n
Law R eports a nd on
Statistics f rom ot her
Reports.
the pr ovisions f or Lectures di scussing r elevant
thehuman r ight i ssues Legal Statutes an d
under S pecial Laws e .g. Landmark C ases s ometimes
Terrorism, N DPS, hum an by us ing M oot C ourt
trafficking, o ffences Techniques emphasising on
against w omen, pr otection latest developments in law.
of c hildren a gainst s exual Participatory M ethods.
offences. Discussion on c urrent
developments, on r elevant
news ite ms f rom me dia, o n
Law R eports and on
Statistics f rom o ther
Reports.
the pr ovisions r elating t o Lectures di scussing r elevant
access t o j ustice i ssues Legal Statutes an d
during Investigation vi z., Landmark C ases s ometimes
arrest, pol ice a nd j udicial by us ing M oot C ourt
custody; grant of b ail a nd Techniques emphasising on
under-trial p risoners; latest developments in law.
torture dur ing Participatory M ethods.
interrogation; us e of Discussion on c urrent
forensic and s cientific developments, on r elevant
investigation techniques. news ite ms f rom me dia, o n
Law R eports a nd on
Statistics f rom o ther
Reports. Discussion on latest
technologies i n f orensic
field for investigation.
the pr ovisions fo r Lectures di scussing r elevant
thehuman r ights i ssues i n Legal Statutes an d
trial v iz., r ole a nd Landmark Cases. Discussion
responsibilities o f on schemes of compensation
Prosecutor; speedy and fair and l egal ai d i n l aw.
trial; q uality le gal a id; Participatory M ethods.
witness a nd v ictim Discussion on c urrent
protection; r ole a nd r ights developments, on r elevant
of victims; plea bargaining; news ite ms f rom me dia, o n
and c ompensation t o Law R eports a nd on
victims. Statistics from other Reports
especially on compensation
and plea bargaining.
117

thehuman r ights Legal S tatutes an d
perspectives t o S tate’s Landmark C ases
response to crime: meaning emphasising o n la test
and c oncept of developments in law.
punishment; de ath pe nalty: Participatory M ethods.
retention or a bolition Discussion on c urrent
debate and l egal a nd developments, on r elevant
constitutional is sues; news ite ms f rom me dia, o n
imprisonment and Law R eports a nd on
prisoners’ rights; n on- Statistics from other Reports
custodial punishments of especially on unde r trial
release af ter d ue data, c onviction da ta an d
admonition, probation, probation da ta etc. F ocus
fine, forfeiture of property; will be on ki nds of
public censor. punishment awarded.
the co ncepts w hich are Lectures and di scussion
different f rom C riminal emphasising o n la test
Justice viz., lok adalats and developments i n a lternate
mediation; a nd r estorative dispute resolution.
justice. Discussion on c urrent
developments i n r estorative
justice in criminal cases.
thehuman r ights in itiatives Legal Statutes an d
in pr isons vi z., p rison Landmark C ases
reforms, re formation emphasising o n la test
initiatives in p risons; a nd developments in law.
open prisons. Participatory M ethods f or
statistics a nalysis in th e
topic. D iscussion on c urrent
developments f or
reformation of pr isons a nd
concept of open prisons.

Presentations)
IMPORTANT NOTE:
118

2. S tudents a re r equired t o s tudy/refer t o t he l egislations a s a mended f rom time to
***********
119
Semester I/Semester V
Course Name: Comparative Law of Marriage, Divorce and Civil Code
Marks: 100 (80+20) Duration: 90 Hours
Course Objectives:
This paper will explore the differences and commonalities in the conceptualisation and legal
treatment of marriage and matrimonial remedies in different legal traditions. This paper will
be di vided i nto t wo pa rts. P art A will f ocus on how di fferent r eligions a nd c ultures w ithin
India d eal with different issues of matrimony such as validity, spousal rights, le gitimacy of
children a nd ma trimonial r eliefs. In p art B , t he focus w ill be on t he l egal pe rspectives a nd
problems of Indian na tionals w ho m arry a broad w ith ot her Indian n ationals or f oreign
nationals or foreign dom iciled persons, and the resultant conflict of law between the law of
nationality and the law of domicile.
On the successful completion of this Course the students will be able to:
1. Analyse t he c omplexities i nvolved be tween t he l aw o f na tionality and t he l aw of
domicile vis-à-vis different issues of matrimony.
2. Apply t heir knowledge a nd critical t hinking t o s olve t he factual s ituations i nvolving
conflict of laws and support them with logical arguments.
3. Write research papers/notes and case comments.
Contents:
Part A
Unit I: Multiplicity of Family Laws and Civil Code (lex loci)
1. Duality and pluralism in Indian Family Law
2. Civil Code – Lex Loci – Dealing with Diversity - Experience of Other countries
3. General laws over riding personal laws
4. Family law in India vis-a-vis the Constitution of India
Unit II: A comparative approach of Law of marriage, matrimonial rights and

matrimonial remedies
1. Marriage and matrimonial rights under personal laws
2. Marriage and matrimonial rights under Civil laws
3. Matrimonial remedies under personal laws
4. Matrimonial remedies under civil laws
Unit III: Impact of conversion conflicts of laws in India
120
1. Personal law
2. civil law
Part B
Unit IV: Domicile – Basic concepts
1.Domicile, Nationality and Residence
2.Conflict between Law of Nationality and Law of Domicile – operation of Renvoi
3.General rules relating to Domicile
4.Domicile of origin and Domicile of choice
5 Theories of Domicile
a. Dual Domicile theory
b. Intended Matrimonial Theory
Alternative approaches
6 Domicile o f ma rried w omen – during c onverture, a fter di vorce, dur ing j udicial
separation, after annulment of marriage and after the death of her husband
7 Difference between English Law and Indian Law
Unit V: Marriages solemnized between persons with different Nationality and Domicile
1. In India and Outside India
2. Choice between Lex Loci and Lex Domicile
3. Problems and perspectives
4. Need for a legislation
Unit VI: Recognition and enforcement of Foreign Decrees in India relating to

matrimonial litigations
Suggested Readings:
1. Relevant Statutes
• The Hindu Marriage Act 1955
• The Muslim Dissolution of Marriage Act 1939
• The Indian Christian Marriage Act 1882
• The Divorce Act 1869
• The Parsi Marriage and Divorce Act 1865
• The Special Marriage Act 1954
• The Foreign Marriage Act 1969
• The Prohibition of Child Marriage Act 2006
2. Books:
• Mulla Hindu Law by Satyajeet A. Desai
• Modern Hindu Law by Ramesh Chandra Nagpal
• Family Law by Paras Dewan
• Law of Marriage and Divorce by Paras Dewan
• Family Law Lectures by Kusum
121
• Nullity of Marriage under Hindu Law by M.S.Nijjar

• Studies in Hindu Law by Dr. Tahir Mahmood
• Syed Khalid Rashid’s Muslim Law by V.P.Bhartia
• Muslim L aw i n India and A broad b y D r.Tahir M ahmood and D r. Saif
Mahmood
• Mohammadan Law by Fyzee
• Cheshire and North’s Private International Law
• Paras Dewan : Private International Law
• Atul M Setalvad, Conflict of Laws
• V.C Govindraj, Conflict of Laws in India
Referred Cases :
1. Parwathawwa v. Channawwa [AIR 1966 Nys. 100].
2. Smt. Satya v. Teja Singh [1975 (2) SCR 197].
3. Y. Narasinha Rao v. Y. Venkata Lakshmi [AIR 1991 SC 821].
4. Robasa Khanum v. Khoodabad Bomanji Irani [(1946) 48. BOMLR 864].
5. Thapita Peter v. Thapita Lakshmi [(1894) ILR 17. Mad. 235].
6. Vilayat Raj Alias Vilayat Khan v. Smt. Sunila [AIR 1983 Delhi 351].
7. Promila Khosla v. Rajneesh Khosla [AIR 1989. Delhi, 78].
8. Lily Thomas v. Union of India, [AIR 2000 SC 1650].
9. Neeraja Saraph v. Jayant v. Saraph, [1994 (4) SCALE 445].
10. Vikas Aggarwal v. Anubhu [(2002) 45. SCC 468; AIR 2002 SC 1796].
11. Monica Variato v. Thomas Variato, [2000 (2) GLT 149].
12. Deva Prasad Reddy v. Kamini Reddy, AIR 2002 Karnataka 356.
13. Marggarate Maria PulparampilNee Feldman v. Dr. Chacko Pulparampil, A IR
1970 Kerala 1.
14. V. Ravichandran v. Union of India, (2010) 1 SCC 174.
15. Arati Bandi v. Bandi Jagadrakshaka Rao, AIR 2014 SC 918.
16. Surya Vadanan v. State of Tamil Nadu & Ors., AIR 2015 SC 2243.
122
Teaching Plan:
Week 1: Duality and pluralism in Indian Family Law; Civil Code – Lex Loci – Dealing with
Diversity - Experience of Other countries.
Week 2: Continue withCivil Code – Lex Loci – Dealing with Diversity - Experience of Other
countries; General laws over riding personal laws.
Week 3: Family law in India vis-a-vis the Constitution of India; Marriage and Matrimonial
Rights under personal laws.
Week 4: Marriage a nd matrimonial r ights u nder C ivil la ws; M atrimonial r emedies u nder
personal laws; Matrimonial remedies under civil laws.
Week 5: Impact of conversion conflicts of laws in India under personal law and civil law.
Week 6: Domicile, Nationality and Residence; General rules relating to Domicile.
Week 7: Domicile o f o rigin a nd D omicile o f c hoice; C onflict b etween Law o f N ationality

and Law of Domicile – operation of Renvoi.
Week 8: Theories o f Domicile; D omicile o f married women – during c onverture, a fter
divorce, dur ing j udicial s eparation, a fter a nnulment of m arriage a nd a fter t he de ath of he r
husband.
Week 9: Continue with Domicile of married women; Difference between English Law and
Indian Law.
Week 10: Marriages solemnized between persons with different Nationality and Domicile in
India and Outside India.
Week 11: Choice between Lex Loci and Lex Domicile; Problems and perspectives; Need for
a legislation.
Week 12: Recognition and enforcement of Foreign Decrees in India relating to matrimonial
litigations- Introduction.
Week 13: Recognition of foreign judgements: Legislative provisions of Private International
Law.
Week 14: Provisions unde r C PC ( Section 13, 14, 44A , O rder 21, R ule 22); R eciprocating
Territories; Interpretation of clauses of Section 13 CPC.
Week 15: International Treaties and Foreign Court judgements; Observation of International
Conventions i n M unicipal c ases; S ummary o f Indian l aw on R ecognition of F oreign
Judgements.
123
Unit Course Learning Outcomes Teaching and Assessment

No. Learning Activity Tasks
1. Students w ould be a ble to unde rstand t he A mix o f le ctures, As gi ven
concept of: case study method and below.
discussions.
Duality a nd pluralism in I ndian F amily
Law.
Civil C ode – Lex Loci – Dealing w ith
Diversity - Experience of Other countries.
General l aws o ver r iding p ersonal l aws.
Family la w in India vis-a-vis the
Constitution of India
2. Students w ould unde rstand t he c oncept of A mix o f le ctures, As gi ven

Marriage a nd ma trimonial r ights u nder case study method and below.
personal laws; the concept of Marriage and discussions.
matrimonial r ights u nder C ivil laws; th e
concept of M atrimonial r emedies unde r
personal l aws andMatrimonial r emedies
under civil laws
3. Students w ould be able t o i dentify t he A mix o f le ctures, As gi ven

impact of conversion and conflicts of laws case study method and below.
in India vi s-à-vis P ersonal la w and civil discussions.
law
4. Students w ould unde rstand de eply t he A mix o f le ctures, As gi ven
interplay of: case study method and below.
discussions.
The concept of D omicile, N ationality and
Residence
Conflict be tween Law of N ationality and
Law of Domicile – operation of Renvoi
General rules relating to Domicile
Domicile of origin and Domicile of choice
Theories of Domicile
Domicile o f ma rried women – during
converture, a fter di vorce, dur ing j udicial
separation, after a nnulment of m arriage
124
and after the death of her husband.

5. Students w ould be a ble t o a nalyse t he A mix o f le ctures, As gi ven
complexities in volved i n m arriages case study method and below.
solemnized between persons with different discussions.
Nationality a nd D omicile: In India a nd
Outside India; C hoice be tween Lex Loci
and Lex Domicile; P roblems a nd
perspectives.
6. Students w ould a cquire unde rstanding of A mix o f le ctures, As gi ven
the c oncept of Recognition a nd case study method and below.
Enforcement o f F oreign D ecrees i n India discussions.
relating to matrimonial litigations.

Presentations)
IMPORTANT NOTE:
Committee o f te achers te aching th e C ourse shall b e a t lib erty to revise t he
***********
125
Semester I
Course Name: Law of Women and Child Rights
Course Objectives:
• Develop an understanding of the need for special laws for women and childrenon account
of their specific vulnerabilities based on both age and gender
• Know t he v arious l aws available t o w omen and children f or t he prot ection a s w ell as
promotion of their interests.
• Examine the inextricable linkages between children’s and women’s rights
• Critically examine the gaps between legislation and implementation.

• Understand and appreciate the laws relating to women and children
• Have an in-depth knowledge of the application of existing laws through a perusal of
legislative provisions including a mendments,relevant j udgments as well a s ot her
contextual developments.
• Appreciate t he interplay of e xisting l aws against their re spective ba ckdrop f or be tter
acceptance and application.
CONTENTS
UNIT I:
International Instruments for Protection of Women and Child Rights
Universal Declaration of Human Rights (1948)
Convention on the Political Rights of Women (1952)
International Covenant on Civil and Political Rights (1966)
International Covenant on Economic, Social and Cultural Rights (1966)
Declaration on the Protection of Women and Children in Emergency and Armed Conflict (1974)
Convention on the Elimination of All Forms of Discrimination against Women (1979)
Declaration on the Elimination of Violence against Women (1993)
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women (1999)
UN Declaration on the Rights of the Child 1959
Minimum Age Convention, 1973
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing
Rules)1985
UN Convention on the Rights of the Child, 1989
UN O ptional P rotocol t o t he CRC on t he S ale of Chi ldren, Ch ild P rostitution, a nd Chi ld
Pornography 2000 (Sex Trafficking Protocol) and the
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in
Armed Conflict (Child Soldiers Protocol).
UNIT II
Constitutional Provisions relating to Women and Children in India
Articles 14, 15, 16, 21, 21A, 24, 39, 42, 45, 46, 47, 51 (A)(e), 243 (D) and 243(T).
126
UNIT - III
Indian Penal Code, 1860
Sections 82, 83, 312-317, 360 -374

Sections 498A, 304-B, 326A&B, 354A,B,C &D, 375, 376 A, 376AB, 376B, 376C, 376D,
376DA, 376DB, 376 E, 506,509, 494, 497
UNIT - IV
Special Laws relating to Women in India
The Dowry Prohibition Act, 1961; The Protection of Women from Domestic Violence Act, 2005;
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
2013; The Immoral Traffic (Prevention) Act, 1956; The Commission of Sati (Prevention) Act,
1987; The Indecent Representation of Women (Prohibition) Act, 1986; The Medical Termination
of Pregnancy Act, 1971;The Pre-conception and Pre-natal Diagnostic Techniques(Prohibition of
Sex Selection) Act, 1994; The Maternity Benefit Act,1961 with the Amendment Act
,2017;Devadasi (Prohibition of Dedication) Act (Tamil Nadu, Andhra Pradesh and Karnataka);
Provisions related to women under various personal laws.
UNIT - V
Special Laws relating to Children in India
The Juvenile Justice (Care and Protection of Children) Act, 2015;The Commissions for
Protection of Child Rights Act,2005; POCSO, 2012; The Child and Adolescent Labour
(Prohibition and Regulation) Act, 1986; The Prohibition of Child Marriage Act, 2006; The Right
of Children to Free and Compulsory Education Act, 2009; The Hindu Minority and Guardianship
Act, 1956; Adoption regulations as framed by Central Adoption Resource Authority, 2017.
UNIT - VI
National Institutional Framework for Protection of Women and Children
National Commission for Women;

National Commission for Protection of Child Rights
Family Courts, Mahila Courts, Juvenile Courts, Parivarik Mahila Lok Adalats.
SUGGESTED READINGS:
The readings and cases are merely suggestive and not exhaustive.
1. Building A World Fit for Children, UNICEF (2002)
http://www.unicef.org/specialsession/docs_new/
2. Asha Bajpai, Child Rights In India: Law, Policy and Practice (2nd ed 2006) OUP.
3. Draft National Policy for Children 2012
4. Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India
(1999) Oxford, New Delhi.
5. Kalpana Kannabiran(ed.),Women and Law Critical Feminist Perspectives 2014(Sage)
6. M. Subramaniam, G.Lisi, “Child Rights: Everybody talks about and yet does not
understand”, Human Rights Year Book (2012-13)
7. Mamta Rao, Law Relating To Women and Children.(4th Edn. 2018) EBC.
127
8. Michael D.A. Freeman, “Beyond Conventions – Towards Empowerment” Fortuyn et al

(ed) Towards Realisation of Human Rights of Children pp. 19-39 (1992)
9. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000), Anmol
Publications, New Delhi
10. Ved Kumari, Juvenile Justice System In India: From Welfare To Rights (2nd Edn. 2010)
OUP
11. B.B. Pande., “Rethinking Juvenile Justice: Arnit Das Style” (2000) 6 SCC (Jour) 1.
12. S. P. Srivastava, Juvenile Justice in India (1989) pp. 72-119
13. Usha Razdan, “Legal Aid to Juveniles: A Sine Qua Non of Correctional Jurisprudence",
Social Defence No.99, 27 (1990)
14. Usha Razdan,"Child Paedophilia and International Travel and Tourism: An Unholy
Nexus’ JILI, vol. 48 2006
15. Usha Razdan, “Torture of the Girl Child : State Sponsored Repression” JILI, 2011.
16. Ved Kumari,“Quagmire of Age Issues under the Juvenile Justice Act: From Inclusion to
Exclusion”, 51(2) JILI 163-186 (2009).
17. Vageshwari Deswal, “Rights of Rape Victims in India: A Legal Analysis” Journal of
NHRC, New Delhi, Vol 13, 2014 pp101-132
18. Vageshwari Deswal, “Global Commitment Towards Protection of Women against Acid
Violence” Indian Journal of International Law, New- Delhi, Vol 53, No. 4, October-
December 2013 pp 632-645
19. B.B. Pande., “The Indian Juvenile Justice Jurisprudence and the Convention on the Rights
of the Child”, http://www.workingchild.org/htm//jj.html.
List of Cases:
1. Air India v. Nargesh Mirza, 1981 AIR 1829

2. C B Muthamma v. UOI, 1979 AIR 1868
3. Centre for Enquiry into Health and Allied Themes (CEHAT) & Others vs. Union of
India & Others, 2000 SC 301
4. D. Veluswamy v. D. Patchaiammal, 2010 (10) SCC 469
5. Danial Latifi v. Union of India, (2001) 7 SCC 740
6. Gaurav Jain v. Union of India, 1997 (8) SCC 114
7. Gita Hariharan v. Reserve Bank of India, (1999) 2 SC 228
8. Hiral P. Harsora v.Kusum Harsora 2016SCC Online SC 1118, decided on 6.10.2016
9. Independent Thought v. UOI, (2017) 10 SCC 800
10. Joseph Shine v. UOI, Writ Petition (Crl.), 194 of 2017
11. Lata Singh v. State of UP, 2006(5) SC 266.
12. Laxmi v. Union of India, AIR 2015 SC 3662
13. Laxmikant Pandey v. Union of India, AIR (1984) SC 469
14. M.C. Mehta v. State of Tamil Nadu, JT 1990 SC 263
15. Miss. Mohini Jain v. State of Karnataka and others, AIR 1992 SC 1858
16. Mohd. Ahmed Khan v Shah Bano Begum and Ors, AIR 1985 SC 945
17. Mr. ‘X’ v. Union of India, AIR 2016 SC 3525
18. Mrs Neera Mathur v. LIC of India, AIR 1992 SC 392
19. Sabu Mathew George v. UOI, 2016 (12) SCALE 75
20. Saroj Rani v. Sudarshan Kumar, AIR1984 SC 1562
21. Shayara Bano v. UOI,Writ Petition(C) 118 of 2016
22. Sheela Barse v. Union of India, AIR 1986 SC 1883
23. State of Punjab v. Gurmit Singh, AIR1996 SC 1393
24. Unni Krishnan v. State of Andhra Pradesh, 1993 (1) SCC 645
25. Vishaka v. State of Rajasthan, AIR 1997 SC 301
26. Vishal Jeet v. Union of India, 1990 (3) SCC 318
128
Teaching Plan:
Week 1-:Unit 1
Week 2: Unit 1
Week 3: Unit 2
Week 4: Unit 2
Week 5: Unit 3
Week 6: Unit 3
Week 7: Unit 3
Week 8: Unit 4
Week 9: Unit 4
Week 10: Unit 4
Week 11: Unit 5
Week 12: Unit 5
Week 13: Unit 6
Week 14: Unit 6
Week 15: Assessment

no. Learning Activity
1. Understanding th e b asis f or Lectures and As given below.
enactment of special laws f or Discussions
women and children
2. Understanding the Lectures, audio As given below.
Constitutional pr ovisions f or visual
safeguarding wo men and presentations,
children in the right perspective discussions
3. Analysis of the relevant Case analyses, As given below.
provisions of su bstantive debates and
criminal law discussions.
4. Critically anal yse the Lectures, case As given below.
implementation of Special laws studies, d ebates,
relating to women. Study of the audio-video clips
use as well as possible abuse of etc.
such laws.
5. Understand the laws relating to Lectures, audio As given below.
children. visual
presentations,
discussions
6. Understand the working of Lectures, Case As given below.
institutional framework for studies, debates
129
women and the reas ons f or and discussions.

having spe cialised f orums f or
women and children.

Presentations)
IMPORTANT NOTE:
Committee o f te achers te aching th e C ourse shall b e a t lib erty to revise t he
***********
130
Semester I
Course Code- 2YLM-EC-117/3YLM-EC-117
Course Name- Administrative Law and Regulatory Mechanisms
Course Objectives
1. To focus on t heoretical and analytical study of various aspects of administrative law
in comparative manner and to discuss the impact of globalization and liberalization on
the growth of administrative law.
2. To apprise the students about the ingrained constitutional and right based challenges
of a dministrative r ule ma king a nd to d iscuss w ith th em th e a lready practiced
techniques and r emedies to neutralize t hese challenges and t o encourage students t o
critically analyze the efficacies of these techniques and remedies.
3. To e ndow t he s tudents w ith t he c ritical a nd a nalytical unde rstanding of t he
procedures followed b y the government and i ts many instrumentalities a nd agencies
in e xercising t heir po wers a nd f unctions, t he m echanisms b y w hich t hey are
controlled and the remedies that are available to persons whose rights may have been
infringed by the exercise of such powers and functions.
Learning Outcomes
1. Exhibit cr itical an d an alytical co nceptual u nderstanding o f m any as pects o f
administrative law and analyze a factual situation with their conceptual and insightful
understanding of the subject.
2. Conduct effective doctrinal as well as empirical legal r esearch in the subject b y using
fundamental tools of legal research.
3. Write research papers/notes and case comments and work in research houses.
4. Practice in this area in the law courts/tribunals.
5. Help ne edy pe rsons t o obtain r equired i nformation a nd r elief f rom the g overnment
establishments and courts
6. Become law teachers, policy makers/reformers or effectively work as administrators.
Contents:
UNIT I : ADMINISTRATIVE LAW– MEANING AND SCOPE (2 Weeks)
Meaning and Definition of Administrative Law; Sociological Aspects of Administrative Law;

Development a nd S cope of A dministrative Law; R ed Light, G reen Light a nd A mber Light
theories o f A dministrative Law; Classification o f A dministrative A ctions; Global
Administrative Law
131
UNIT II : BASIC CONSTITUTIONAL CONCEPTS INFLUENCING GROWTH OF

ADMINISTRATIVE LAW (3 Weeks)
A. RULE OF LAW - Dicey’s formulation of Rule of Law; Fallacy of Dicey’s aspect of
the Welfare State and the Rule of Law; Rule of Law in mixed economy; formal and
Ideological concepts of Rule of Law; Constitutional provisions embodying the idea of
Rule of Law
B. SEPARATION OF POWERS - Doctrine as propagated by Montesquieu; Rationale

of t his doc trine i n t heory and pr actice; S eparation of P owers unde r di fferent
Constitutions; Judicial Pronouncements on Separation of Powers
UNIT III : RULE-MAKING POWER OF THE ADMINISTRATION (3 Weeks)
Nature, Necessity and Source of administrative rule-making power; Limits on de legation of

rule-making power to the administrative authority; categories of administrative rule-making
power; C ontrol me chanisms o f a dministrative r ule-making pow er- procedural c ontrol,
legislative control and Judicial control
UNIT IV : ADMINISTRATIVE TRIBUNALS (2 Weeks)
Reasons f or th e G rowth o f A dministrative A djudication; S alient f eatures o f A dministrative

Tribunals; D istinction b etween- Tribunals a nd C ourts, T ribunals a nd Q uasi-judicial bodi es;
Advantages of T ribunals- openness, fairness, ch eap and speedy r emedy, eas y acc essibility,
absence of technicalities of evidence and procedure, etc.; Structure, Powers and Procedure of
Administrative T ribunals e stablished unde r A rticle 323A a nd 323 B of t he C onstitution of
India, 1950 w ith s pecial r eference t o t he C entral A dministrative T ribunal e stablished unde r
the Administrative Tribunals Act, 1985; Reforms required in tribunal s ystem in India in the
light of j udicial de cisions, Law C ommission r eports a nd r eforms t aken pl ace i n ot her
countries
UNIT V : REDRESSAL OF COMPLAINTS AGAINST THE ADMINISTRATION:

THE INSTITUTION OF OMBUDSMAN (1 Weeks)
Meaning, Origin and Development of the Institution of Ombudsman; Need of Ombudsman-

Limitations in redress through Courts, Twin problems of mal-administration and Corruption;
Matters u sually in cluded o r e xcluded f rom O mbudsman’s J urisdiction; Various le gislative
proposals for appointment of Lokpal at the Centre; Legal and Constitutional Position of the
Lokpal under the successive Lokpal Bills of 1968, 1971, 1977, 1985, 19 89 and 1996, 2 001;
Working of Lokayuktas and other Institutions in some States; Critical Analysis of the Lokpal
and Lokayukta Act, 2014
132
UNIT VI : RIGHT TO INFORMATION (1 Weeks)
Importance of t he R ight t o Information- openness, t ransparency and a ccountability of t he

administration; R ight t o information unde r t he C onstitution of India; t he Judicial a pproach
towards right to know; Object and the salient features of the Right to Information Act, 2005;
Scope of the Right to Information Act- obligation of public authorities to supply information;
Grounds of refusal to disclose information
UNIT VII : INQUIRIES & INVESTIGATIONS (1 Weeks)
The Commission of Inquiry Act, 1952- Object and Scope of the Act; Power of Central/State
Government t o a ppoint a C ommission of Inquiry- discretionary and m andatory nature o f
power; Power and Procedure of the Commission of Inquiry; Compliance with the Principles
of N atural J ustice; E ffectiveness- submission of r eport and f ollow up action; T he C entral
Vigilance Commission Act, 2003- Constitution, Powers and procedure
UNIT VIII : REGULATORY AGENCIES (2 Weeks)
Need o f R egulatory Bodies; C omposition, Structure, P owers A nd P rocedures of t hese

Regulatory Bodies, in cluding, th e E lectricity R egulatory C ommission u nder th e E lectricity
Act, 2003; t he C ompetition C ommission unde r t he C ompetition A ct, 2002; t he T elecom
Regulatory Authority o f India u nder t he Telecom R egulatory Authority o f India Act, 1997;
the Insurance R egulatory and D evelopment A uthority unde r t he Insurance R egulatory and
Development Authority Act, 1999; the Pension Fund Regulatory and Development Authority
under the Pension Fund Regulatory and Development Authority Act, 2013, the Securities and
Exchange Board o f India unde r t he S ecurities a nd E xchange Board of India A ct, 1992, t he
Prasar Bharati unde r t he P rasar Bharati ( Broadcasting C orporation of India) A ct, 1990,t he
Petroleum and Natural Gas Regulatory Board u nder Petroleum and Natural G as Regulatory
Board Act, 2006
Suggested Readings:
1. Beatson, Matthews and Ellitto’s Administrative Law: Text and Materials (4th ed.,
2011)
2. H.W.R. Wade & C.F. Forsyth, Administrative Law (11th ed., 2014)
3. P.P. Craig, Administrative Law (6th ed., 2008)
4. B.L. Jones & J.F. Garner, Garner’s Administrative Law (8th ed., 1996)
5. K.C. Davis, Administrative Law Treatise(2nd ed., 1980)
6. W. Friedmann, Law in a Changing Society (1959)
7. M.P. Jain and S.N. Jain, Principles of Administrative Law (7th ed., 2013)
133
8. M.P. Jain, Cases and Materials on Indian Administrative Law (1994)

9. Carol Harlow and Richard Rawlings, Administrative Law in Context: Restoring a
lost connection" Public Law 28-42 (2014)
10. Paul Craig, UK, EU and Global Administrative Law: Foundations and Challenges
(The Hamlyn Lectures) (2015)
11. Upendra Baxi, Introduction – The Myth and Reality of the Indian Administrative
Law in I. P. Massey, Administrative Law (2017)
12. S.P. Sathe, The Tribunal System in India (1996)
Reading Material
1. Cameron S tewart, “T he R ule o f Law an d t he T inkerbell E ffect: Theoretical
Considerations, Criticisms and Justifications for the Rule of Law”, 4 Macquarie Law
Journal135-164 (2004)
2. Bruce B artlett, “A C onservative C ase f or t he W elfare S tate”, 2 015available at :
https://www.dissentmagazine.org/online_articles/bruce-bartlett-conservative-case-for-
welfare-state
3. Eugene V. Rostow, “The State and the Rule of Law in a Mixed Economy” Yale Law
School: Faculty Scholarship Series Paper 2142 (1972)
4. W. F riedmann Welfare State and Rule of Law available at :
https://dullbonline.wordpress.com/2017/06/28/welfare-state-and-rule-of-law-w-
friedmann
5. J.S. V erma, “ 50 years o f F reedom unde r R ule o f Law: Indian E xperience”-- speech
delivered on 9t h S eptember, 1997 ( 2000 E dn., U niversal Law P ublishing C o. P vt.
Ltd., Delhi) 37
6. M.N. Venkatachaliah, “Rule of Law : Contemporary Challenges”, 45 Indian Journal
of Public Administration 321 (1999)
7. H.M. S eervai, “Rule o f Law” i n The Position of the Indian Judiciary under the
Constitution of India 83-96 (1970)
8. Separation of E xecutive a nd J udicial F unctions [Extracts f rom Law C ommission of
India, 14th Report on Judicial Administration, 1958]
9. The General Clauses Act, 1897, Sections 20–24
10. M.P. Jain, "Parliamentary Control of Delegated Legislation in India", Public Law 176
(Summer 1964),
11. Garner, “Consultation in. Subordinate Legislation”, P.L. (1964) 105-124
12. Anupa V . T hapliyal, “ Central A dministrative T ribunals a nd T heir P ower t o Issue
Directions, Orders or Writs Under Articles 226 a nd 227 of the Constitution”, 4 SCC
(Jour) (1992) 18
13. Keynote address by Justice K.G. Balakrishnan, CJI at the inaugural session of the 'All
India C onference of t he C entral A dministrative T ribunal' he ld a t V igyan B hawan,
New Delhi, on 2nd August 2008
14. Sarbjit K aur, “ Doctrine of J udicial R eview a nd t he D ecisions of t he A dministrative
Tribunals” Vol. 6 (1) Journal of Law Teachers of India (2015) 1
15. From S.P. Sampath Kumarto L. Chandra Kumar and the Implications [Extracts from
215th Report of Law Commission of India on L. Chandra Kumar be Revisited by the
Larger Bench of Supreme Court, December 2008]
134
16. Citizen, A dministration a nd O mbudsman i n Norman Lewis, S .S. S ingh ( eds.),

Ombudsman: India and the world Community (Indian Institute of P ublic
Administration) Chapter 1, 1-32
17. Madam Justice Florence N. Mumba, The Ombudsman: The Need for Protection and
Control i n Norman Lewis, S .S. S ingh ( eds.), Ombudsman: India and the world
Community (Indian Institute of Public Administration) Chapter 2, 33-40
18. Operationalising R edressal o f C itizens’ G rievances in India in Norman Lewis, S .S.
Singh (eds.), Ombudsman: India and the world Community (Indian Institute of Public
Administration) Chapter 17, 221-232
19. Sarbjit Kaur, “Desirability of the Institution of Ombudsman in a Modern Democratic
Set Up”, X-XI National Capital Law Journal (2005-2006) 135
20. Sarojini S haran, “ Ombudsman i n India”, Vol.32. N o. 2 Indian Journal of Political
Science Association 158-174 (April –June .1971)
21. H. R ai a nd S .P. S ingh ( eds.), “ Ombudsman i n India: A N eed f or A dministrative
Integrity and Responsiveness” Vol. 37, No. 3 The Indian Journal of Political Science
43-63 (July.-Sept. 76)
22. Soumik Chakraborty, “ Ombudsman: A C ritical A ppraisal” D ecember 17, 2014
available at:
https://www.lawctopus.com/academike/ombudsman-critical-appraisal
23. Amrita Johri, Anjali Bhardwaj et.al. (eds), “The Lokpal Act of 2014: An Assessment”
(2014) 49 (5) Economic and Political Weekly 10
24. S.L. R ao, Governing Power: A New Institution of Governance: the Experience with
Independent Regulation of Electricity 35-71 TERI Press, New Delhi (2004)
25. O.P. A garwal a nd P . P aul, Framework for Independent Regulation in India: An
Overview, 3-15TERI Press, New Delhi (2004)
26. Pratip Kar, Role of Independent Regulation in Economic Reforms, 17-26 TERI Press,
New Delhi
27. S.K. Sarkar an d Leena S rivastava, The Regulatory Framework: Experiences and
Issues, 27-44 TERI Press, New Delhi
1. Upendra Baxi, “The Rule of Law in India”, 3 Sur (2007) 6
2. V.S. Deshpande, Judicial Review of Legislation (1975
3. Stephen G. Breyer and Richard B. Stewart, Administrative Law and Regulatory Policy
(1979) Chapters 1-3
4. K.C. Davis, Administrative Law Text (1971) 1-15
5. W. Friedman,Law in a Changing Society (1959) Chapter 11
6. Mike T aggart, “ The Impact of C orporatisation and P rivatisation on A dministrative
Law”, 51 Australian Journal of Public Administration 368-373 (1992)
7. Peter B ayne, “ Administrative Law a nd t he N ew M anagerialism i n P ublic
Administration”, 62 The Australian Law Journal 1040-1045 (1988)
8. A.V. Dicey, Introduction to the Study of the Law of the Constitution (9th ed.) Chapters
IV and XII
9. A.V. D icey, “The D evelopment of A dministrative Law i n E ngland”, 3 1 LQR 148
(1915)
10. Ramaswamy, “Rule of Law in a Planned Society”, 1 JILI 31 (1959)
11. Upendra Baxi “Developments in Indian Administrative Law” in Public Law in India
(A.G. Noorani ed.) (1982) 136
135
12. B. Bhardwaj, “Delegated Legislation in India”, 1963 SCJ (J) 26

13. J.A.G. G riffith, “ The C onstitutional S ignificance of D elegated Legislation in
England”, 48 Mich L. Rev 1079 (1950)
14. Report of Committee on Ministers’ Powers (1932), Cmd. 4060 (Reprinted 1972)
15. Alan W harm, “ Judicial C ontrol of D elegated Legislation – The Te st o f
Reasonableness”, 36 Mod LR 611 (1973)
16. R.M. Jackson, “Judicial Review of Legislative Policy”, 18 Mod. L. Rev. 571 (1955)
17. S.N. Jain, “ Validity of Retrospective Delegated Legislation - The Court Develops a
New Principle”, 23 JILI 102 (1981)
18. Report of the Committee on Administrative Tribunals and Enquiries (Franks
Committee) Comd. 218 (1957)
19. Law Commission of India, 14th Report on Judicial Administration (1958) 675-695
20. Sarbjit Kaur, Service Tribunals- An Introduction (2015)
21. Administrative Reforms Commission, Interim Report on the Problems of Redress of
Citizens’ Grievance (1966)
22. P.K. Tripathi, “Lokpal: The Proposed Indian Ombudsman”, 9 JILI 175 (1967)
23. Rajeev Dhavan, “Engrafting the Ombudsman Idea on a Parliamentary Democracy – A
Comment on the Lokpal Bill, 1977”, 19 JILI 257 (1977)
24. Balram K. Gupta, “A Balance-Sheet of State Lokayuktas”, 26 JILI 122 (1984)
25. K.S. Shukla & S.S. Singh, Lokayukta : A Socio Legal Study (1988) IIPA, New Delhi
26. Estimates C ommittee, System of Redressal of Grievances (1991-92) First R eport,
Tenth Lok Sabha
27. Normal Lewis and S.S. Singh, Ombudsman: India and the World Community (1995)
IIPA and British Council
28. S.L. Rao “Policy and Legal Framework for Regulation” in Transition to a Liberalized
Environment – Experiences and issues in Regulation (Leena S rivastava an d S .K.
Sarkar ed.) (1999) 27-32
29. S. S under a nd S .K. S arkar “ Framework f or R egulation: T he Indian E xperience” i n
Transition to a Liberalized Environment – Experiences and issues in Regulation
(Leena Srivastava and S.K. Sarkar ed.) (1999) 39-53
30. Robert Baldwin, et. al. The Oxford Handbook of Regulation, Chapter 1 Introduction:
Regulation - the Field and the Developing Agenda (2010) 1-12
31. Robert B aldwin, et. al. The Oxford Handbook of Regulation, C hapter 3 Regulatory
Rationales Beyond the Economic: In Search of the Public Interest by Mike Feintuck
(2010) 39-61
Teaching Plan:
Week 1:
Meaning and Definition of Administrative Law; Sociological aspects of Administrative Law;
Development a nd S cope of A dministrative Law; R ed Light, G reen Light a nd A mber Light
theories of Administrative Law
Week 2:
Classification of Administrative Actions; Global Administrative Law
Week 3:
136
Rule of Law - Dicey’s formulation of Rule of Law; Fallacy of Dicey’s aspect of the Welfare
State and the Rule of Law; Rule of Law in mixed economy; formal and Ideological concepts
of Rule of Law; Constitutional provisions embodying the idea of Rule of Law
Week 4:
Separation of Powers - Doctrine as propagated by Montesquieu; Rationale of this doctrine in
theory and practice; Separation of Powers under different Constitutions
Week 5:
Judicial Pronouncements on Separation of Powers
Week 6:
Nature, Necessity and S ource o f ad ministrative rule-making pow er; Limits on de legation of
rule-making power
Week 7:
Categories of administrative rule-making power
Week 8:
Control me chanism o f administrative r ule-making pow er- procedural control, l egislative
control and Judicial control
Week 9:
Reasons f or th e G rowth o f A dministrative A djudication; S alient f eatures o f A dministrative
Tribunals; D istinction b etween- Tribunals a nd C ourts, T ribunals a nd Q uasi-judicial bodi es;
Advantages of T ribunals- openness, fairness, ch eap and speedy r emedy, eas y acc essibility,
absence of technicalities of evidence and procedure, etc.; Structure, Powers and Procedure of
Administrative T ribunals e stablished unde r A rticle 323A a nd 323 B of t he C onstitution of
India, 1950 w ith s pecial r eference t o t he C entral A dministrative T ribunal e stablished unde r
the Administrative Tribunals Act, 1985;
Week 10:
Reforms r equired i n t ribunal s ystem i n India i n the lig ht o f ju dicial d ecisions, Law
Commission reports and reforms taken place in other countries
Week 11:
Meaning, Origin and Development of the Institution of Ombudsman; Need of Ombudsman-
Limitations in redress through Courts, Twin problems of mal-administration and Corruption;
Matters u sually in cluded o r e xcluded f rom O mbudsman’s J urisdiction; Various le gislative
proposals for appointment of Lokpal at the Centre; Legal and Constitutional Position of the
Lokpal under the successive Lokpal Bills of 1968, 1971, 1977, 1985, 1989 a nd 1996, 2001 ;
Working of Lokayuktas and other Institutions in some States; Critical Analysis of the Lokpal
and Lokayukta Act, 2014
Week 12:
Importance of t he R ight t o Information- openness, t ransparency and a ccountability of t he
administration; R ight t o information unde r t he C onstitution of India; t he Judicial a pproach
towards right to know; Object and the salient features of the Right to Information Act, 2005;
Scope of the Right to Information Act- obligation of public authorities to supply information;
Grounds of refusal to disclose information; Judicial decisions on interpretations and scope of
the Act
137
Week 13:
The Commission of Inquiry Act, 1952- Object and Scope of the Act; Power of Central/State
Government t o a ppoint a C ommission of Inquiry- discretionary and m andatory nature o f
power; Power and Procedure of the Commission of Inquiry; Compliance with the Principles
of N atural J ustice; E ffectiveness- submission of r eport and f ollow up action; T he C entral
Vigilance Commission Act, 2003- Constitution, Powers and procedure
Week 14:
Need of R egulatory Bodies; C omposition, S tructure, P owers a nd P rocedures of t hese
Regulatory Bodies, including, the Electricity Regulatory Commission under the Electricity Act,
2003; the Competition Commission under the Competition Act, 2002
Week 15:
The Telecom Regulatory Authority of India under the Telecom Regulatory Authority of India
Act, 1997; t he Insurance R egulatory a nd D evelopment A uthority u nder t he Insurance
Regulatory and D evelopment A uthority A ct, 1999; the Pension F und Regulatory a nd
Development Authority under the Pension Fund Regulatory and Development Authority Act,
2013, the Securities and Exchange Board of India under the Securities and Exchange Board
of India Act, 1992, t he Prasar Bharati under the Prasar Bharati (Broadcasting Corporation of
India) A ct, 1990,t he P etroleum a nd N atural G as R egulatory Board unde r P etroleum a nd
Natural Gas Regulatory Board Act, 2006

Unit Course Learning Outcomes Teaching and Assessment
No. Learning Activity Tasks
I. To unde rstand t he i mportance of A m ix of l ectures, As gi ven
administrative law f or e stablishment of a n discussion, c ase s tudy below.
egalitarian and welfare society. method, pr esentations
and assignments
II. To l earn a bout t he basic c onstitutional A m ix of l ectures, As gi ven

concepts of R ule of Law a nd S eparation of discussion, c ase s tudy below.
Powers a nd check t he S tate’s a ction on t he method, pr esentations
altar of these doctrines. assignments and
hypothetical pr oblems
solving
III. To know t he m eaning a nd r easons f or A m ix of l ectures, As gi ven
growth o f d elegated l egislation; p ermissible discussion, c ase s tudy below.
limits o f d elegation o f l egislative p ower in method, pr esentations
UK, USA and in India; various controls over assignments an d
delegated legislation hypothetical pr oblems
To d ecide upon t he l egality o r i llegality of solving
the ex ecutive l aw m aking ( orders, rules,
regulations, notifications, bye-laws etc.)
138
IV. To know t he advantages offered b y t ribunal A m ix of l ectures, As gi ven

system; e stablishment o f a dministrative discussion, c ase s tudy below.
tribunals unde r A rticle 323A a nd 323B of method, pr esentations
the C onstitution of India, 1950 w ith s pecial and assignments
reference to s ervice tr ibunals; th eir
functioning in a ctual p ractice; th e a vailable
avenues t o challenge t he d ecisions o f t he
tribunals
Work out the r eforms r equired i n t ribunal

system in India in th e lig ht o f ju dicial
decisions, Law C ommission r eports a nd
reforms taken place in other countries
V. To learn about the meaning and need of the A m ix of l ectures, As gi ven

institution of O mbudsman a s a m echanism discussion, c ase s tudy below.
for Redressal o f C omplaints a gainst th e method, pr esentations
administration and many r elated co ncerns assignments an d
thereof. hypothetical pr oblems
solving
VI. To know the philosophical insights and legal A m ix of l ectures, As gi ven
and c onstitutional f oundation of t he r ight t o discussion, c ase s tudy below.
information. method, pr esentations
assignments an d
To he lp t hemselves or a ny other ne edy hypothetical pr oblems
person w ith t he r equired i nformation f rom solving
the government establishment.
VII. To learn about the constitution, powers and A m ix of l ectures, As gi ven

functions of Commission of Inquiry under the discussion, c ase s tudy below.
Commission of Inquiry Act, 1952; t he method, pr esentations
constitution, pow ers a nd functions of the and assignments
Central V igilance C ommission unde r t he
Central Vigilance Commission Act, 2003.
VIII. To appraise the recently developed concepts A m ix of l ectures, As gi ven

of ha ving regulatory b odies t o pa rticular discussion, c ase s tudy below.
sector a nd t heir w ithstanding i n r espect of method, pr esentations
many constitutional a nd a dministrative la w and assignments
principles.
139

Presentations)
IMPORTANT NOTE:
1. The topics, cases and suggested readings given above are not exhaustive. The Committee
of t eachers t eaching t he C ourse s hall b e at l iberty to r evise t he t opics/cases/suggested
readings.
2. Students are required to study/refer to the legislations as amended from time to time, latest
judicial decisions and consult the latest editions of books.
***********
140
Semester II
Course Code: 2YLM-CC-201/3YLM-CC-201
Course Name: Law and Justice in a Global World
Course Objectives:
(1) To discuss the evolving parameters of law and justice

(2) To discuss the political economy of globalization and its impact on administration of law
and justice
(3) To highlight the importance of comparative study
(4) T o s ensitize s tudents on ge nder e quality, a ffirmative a ction, t he n eed of j ustice f or t he
poor, LGBT community, c hildren, di sabled, e nvironment pr otection, r efugees, vi ctims of
international crimes, and aged people.
Learning Outcomes:
On successful completion of the course, the students will be able to:
(1) Understand the various parameters of theorizing the term ‘justice’

(2) Know the need of globalization, its political economy, and its impact on administration of
law and justice
(3) Know the advantages of comparative study
(4) Know t he l egal t ools t o act affirmatively for the poor, di sadvantaged, women, children,
LGBT, di sabled, aged people, e nvironment pr otection, r efugees, vi ctims of i nternational
crimes, and aged.
Contents:
TOPIC 1: UNDERSTANDING LAW AND JUSTICE: DIFFERENT THEORIES
Commutative and Distributive justice

Concept of Justice as Fairness
Capabilities Approach
Restorative Justice
Natural Justice
Cognitive Justice
Required Readings:
1. John Rawls, A Theory of Justice (Harvard University Press, 1971)

2. Amartya Sen, The Idea of Justice (2009)
3. M.K. Gandhi, Hind Swaraj or Indian Home Rule (Navjiwan Trust, 1938)
4. Martha Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership,
Chapter 2 (2006)
141
5. Upendra Baxi, “ Chhatrapati S ingh a nd t he Idea of a Legal T heory” 56 Journal of

Indian Law Institute (2014) 5-24
6. Bhikhu Parikh, Gandhi: A Very Short Introduction (2001)
7. Shiv Visvanathan, The Search For Cognitive Justice, 597 Seminar (2009)
TOPIC II: LAW AND JUSTICE IN A GLOBAL WORLD
1. Meaning of Globalization; Global World

2. Understanding Political Economy of Globalization
3. Role of State, International Market and Law
4. Impact of Globalization on India’s Social, Political and Economic Development
5. Impact of Globalization on Judicial Process and Administration of Justice
Required Readings:
1. Jagdish Bhagwati, In Defense of Globalization (Oxford University Press, 2007)

2. Upendra Baxi, D ual S tandards of J ustice S ince G lobalization, r eported a t
http://www.bhopal.net/dual-standards-of-justice-since-globalisation-prof-upendra-
baxi/ (2006)
3. Parmanand S ingh, S tate, M arket a nd E conomic Reforms, X VIII Delhi Law R eview
(1996), pp. 100-110
4. Eric Hobsbawm, How to Change the World (2012), pp. 399-419
5. Rohit C hopra, “ Neo-liberalism a s D oxa: Bourdieu’s T heory of t he S tate a nd t he
Contemporary Indian Discourse on Globalization and Liberalization” X VII Cultural
Studies (2003), pp. 419-444
6. Surya D eva, “ Human Rights R ealization i n a n E ra of G lobalization: T he Indian
Experience” 12 Buffalo Human Rights Law Review (2006) 93-138
7. B.S. C himni, “ International Institutions T oday: A n Imperial G lobal S tate i n t he
Making”, 15 European Journal of International Law 1 (2004)
7. Judge Hisashi Owada, Some Reflections on Justice in a Globalizing World, 97
American Society of International Law – Proceedings of the 101st Annual Meeting
(April 2-5, 2003)
TOPIC III: LIBERTY AND SOCIETY
1. Liberty as a concept
2. Operationalization of liberty in a democratic society
• Constitutional Freedoms and reasonable restrictions
• Debates on Euthanasia and Death Penalty
• Civil disobedience
Required Readings:
1. Christopher Caudwell, The Concept of Freedom (1977), pp. 51-75

2. K.K. Mathew, Democracy, Equality and Freedom (1978) pp. 127-145
142
3. Bhikhu P arikh, G andhi: A S hort Introduction ( 2001), C hapter 4 (Satyagraha) & 5

(Critique of Modernity)
4. Subhash Chandra Singh, “Euthanasia and Assisted Suicide: Revisiting the Sanctity of
Life Principle”, 54 Journal of the Indian Law Institute (2012) 196-231
5. Law C ommission of India, “ Capital P unishment”, 35 th Report ( 1962), 1 87th Report
(2003) & 262th Report (2015)
TOPIC IV: HUMAN RIGHTS, BASIC NEEDS & SUSTAINABLE DEVELOPMENT

IN A GLOBAL WORLD
1. The concept of Basic Human Needs: Food, Shelter, Clothing, Health, Sanitation etc.
2. Basic Needs and the concept of Human Rights
3. Concept of Humanitarian Intervention
4. Principle of Responsibility to Protect (R2P)
5. Human Rights and Environment
6. Sustainable Development Goals (SDG)
Required Readings:
1. D. Conrad, The Human Right to Basic Necessities of Life, X&XI Delhi Law Review
(1981-82) pp. 51-75
2. B.B. P andey, T he C onstitutionality of B asic H uman N eeds: An Ignored A rea o f
Human Discourse 4 Supreme Court Cases (1988) pp. 1-16
3. Upendra Baxi, From Human Rights to the Right to be Human: Some Heresies
(1987), pp. 185-200
4. J.J. Paust, R2P and Protective Intervention, 31 Temple International & Comparative
Law Journal (2017) 109
5. Yogesh T yagi, “The Concept of H umanitarian Intervention R evisited”, 16( 3)
Michigan Journal of International Law (1995) 883-910
6. Bharat H . D esai, “ International E nvironmental G overnance: T owards UNE PO
(Brill/Nijhoff, 2014)
7. B.C. Nirmal, “Responsibility to Protect: A Political Doctrine or An Emerging Norm”
57 Journal of Indian Law Institute (2015) 333-375)
8. Anupam J ha, E nvironmental P rotection a nd R enewable E nergy: D oes It P romote
Human Rights Too? 15 Journal of National Human Rights Commission (2016) 3-21
TOPIC V: RECEPTION OF LAW
(i) Notions and reasons for Reception

(ii) Role of participation in making global law, Local Demand, Local Politics
(iii) Indigenous Law and Global Law: Problems in Reception
Required Readings:
143
1. David Nelken, Legal Transplants and Beyond: Of Disciplines and Metaphors, in

Andrew Harding and Esin Orucu (ed.), Comparative Law in 21st Century (2002)
2. Warner Menski, Comparative Law in Global Context: The Legal Systems of Asia and
Africa (Cambridge University Press, 2006)
3. Law Commission of India, 14th Report, Vol. I (1958), pp. 24-34; and 77th Report
(1978), pp. 7-10
4. Marc Galanter, “The Aborted Restoration of Indigenous Law in India”, 14
Comparative Studies in Society and History (1972), pp. 53-67
TOPIC VI: EQUALITY: CHILDREN, WOMEN AND GENDER BIAS
1. Concept of patriarchy and Indian Legal System

2. Feminist Legal Theory
3. Child protection and Child Rights
4. Desexualizing laws against sexual offences
5. LGBT struggle in India
Required Readings:
1. Michael Freedman (ed.), Lloyd’s Introduction to Jurisprudence (8th ed. 2008), Chapter
on Feminist Jurisprudence
2. Morris G atens, A C ritique of t he S ex/Gender D istinction i n Feminism a nd
Subjectivity, pp. 139-154
3. Kamla Bhasin, What is Patriarchy? (1993)
4. Ved Kumari, Gender Analyses of Indian Penal Code in Amita Dhanda and Archana
Parashar (ed), Engendering Law Essays in honour of Lotika Sarkar, 139-160 (1999)
5. Upendra Baxi, From Human Rights to the Right to be a Woman, Engendering Law,
Essays in honors of Lotika Sarkar (EBC) 1999 pp. 117-138.
6. Kirti S ingh, ‘ Violence a gainst w omen a nd t he Indian Law’ i n V iolence, Law a nd
Women rights in South Asia (ED) Savitri Gooneseker (2004) Sage pp. 77-147.
7. UN Convention on the Rights Of the Child, 1989
8. POCSO, 2012
9. Juvenile Justice Act, 2015
Suggested Readings:
Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1

Navtej Singh Johar v. UOI, Ministry of Law and Justice, 2018 SCC Online SC 1350.
TOPIC VII: AFFIRMATIVE ACTION FOR DISADVANTAGED SECTIONS OF

SOCIETY IN THE GLOBAL WORLD
(i) Sociology of Public Interest Litigation/ Social Action Litigation for Social
change
(ii) Social Action in Favour of the Indigenous Populace
(iii) Action i n f avour of U nder t rials a nd t he D ifferently abled ( “Divyang”)
people
144
Required Readings:
1. Upendra Baxi, Taking Suffering Seriously: Social Action Litigation in the Supreme Court
of India, Law and Poverty (ed) U. Baxi 387-415 (1988).
2. Upendra Baxi, Law Struggle and Social Changes: An Agendum for Social Activities, 35
Social Action 118-25 (1985).
3. Parmanand Singh, “PublicInterest Litigation”, Access to Justice: Public Interest Litigation
and the Indian Supreme Court, 10-11, Delhi Law Review 156-73 (1981-82).
4. Parmanand S ingh, J udicial S ocialism a nd P romises of Liberation, 28 J .I.L.I. 336 -47
(1986).
5. Upendra Baxi, Untouchability: Constitutional, Law and Plan, in Law and Poverty (ed)
Upendra Baxi 165-75 (1988).
6. Upendra Baxi, The Protection of Civil Rights Act, Pitfalls in Implementation, in Law and
Poverty (ed) U. Baxi – 175-85 (1988).
Weekly Plan of Teaching
Weeks 1-4: Topic 1

Weeks 5- 8: Topic 2
Week 9: Topic 3
Weeks 10-11: Topic 4
Week 12: Topic 5
Week 13-14: Topic 6
Week15: Topic 7
Unit No Course L earning Teaching an d Assessment Tasks

Outcomes Learning Activity
1. Understanding t he Lectures, C lass As given below.
various pa rameters Presentations,
of the term ‘justice’ Discussions.
2 Understanding t he Lectures, C lass As given below.
meaning o f p olitical Presentations,
economy o f Discussions.
globalization; I ts
Impact on
administration o f
Justice
3 Conceptualising Lectures, C lass As given below.
‘Liberty’ an d Presentations,
operationalising it in Discussions.
the context of India
145
4 Enabling t o Lectures, C lass As given below.

understand the Presentations,
linkages b etween Discussions.
basic ne eds, hum an
rights, a nd
sustainable
development
5 Enable t he s tudents Lectures, C lass As given below.
to t hink a bout Presentations,
various l egal Discussions.
systems of the world
and i ts i nfluence on
India’s L egal
System
6 Students w ould be Lectures, C lass As given below.
able t o unde rstand Presentations,
the co ncept f Discussions.
‘patriarchy’, and i ts
linkages w ith
gender
discrimination, child
rights, a nd LGBT
rights
7 Enabling t he Lectures, C lass As given below.
students to apply the Presentations,
tool of P ublic Discussions.
Interest Litigation in
favour of di sabled,
poor pe ople, a nd
deprived s ections of
society

Presentations)
IMPORTANT NOTE:
146

***********
147
Semester II/Semester IV
Course Code- 2YLM-EC-202/3YLM-EC-202
Course Name- Administrative Actions and Judicial Review
Marks: 100 Duration: 90 Hours
Course Objectives:
1. To help students develop a critical legal understanding of meaning, need and scope of
administrative a ctions and t o m ake t hem aware a bout l egal t heories and pr ovisions
used to review the administrative actions and also about the methods and procedures
to e nsure f airness, e fficiency, t ransparency and a ccountability i n publ ic
administration.
2. To he lp s tudents i nculcate a n i nsightful l egal approach t o a ppraise th e limits a nd
efficacies of judicial review of administrative actions in a given situation.
3. To m ake t he s tudents a ware a bout t he ni ceties of j urisdictions of H igh Courts a nd
Supreme Court to review or appeal against the impugned administrative action.
Learning Outcomes:
1. Apply their knowledge and critical legal understanding to seek solutions to pressing
problems in the area of public administration
2. Conduct ef fective l egal research i n the s ubject using f undamental t ools of l egal
research.
3. Write research papers/notes and case comments and work in research houses.
4. Practice i n t he m atters r elated t o ex ercise of ad ministrative d iscretion an d
adjudication or in related matters in law courts/tribunals.
5. Become law teachers or effectively work as administrators.
Contents:
UNIT I : STATE AND ADMINISTRATIVE ACTIONS (1 Week)
Concept o f S ocial Welfare S tate; C lassification o f A dministrative A ctions - Rule-making

action or qua si-legislative action, D ecision-making a ction or qua si-judicial a ction, R ule-
application a ction o r purely administrative action; M inisterial a ctions; A dministrative
Discretion
UNIT II : ADMINISTRATIVE DISCRETION AND JUDIC IAL REVIEW (3 Weeks)

Meaning and ne ed of discretion; Legislative c onferment of di scretion on a dministrative
authorities; limita tions o n c onferment o f d iscretion a rising f rom c onstitutional p rovisions
with special reference to Articles 14, 19 and 21
Doctrine of judicial review - Origin and importance, Judicial review as a part of ‘basic
structure of the Constitution, Exclusion of power of judicial review or ‘ouster clause’, Nature,
scope and extent of power of judicial review, Judicial Self-restraints and Judicial Activism
148
UNIT III : GROUNDS OF JUDICIAL REVIEW OF EXERCISE OF DISCRETION (3

Weeks)
Doctrine of Ultra Vires
Abuse/Misuse of di scretion- mala fides/ bad f aith, m ixed m otives/colourable e xercise of
power, improper purpose, leaving out relevant considerations, taking into account irrelevant
considerations, a rbitrary e xercise of di scretion, unr easonable e xercise of di scretion or
violation of Wednesbury principle
Non application of mind- surrender, abdication, acting mechanically, acting under dictation,
imposing fetters by self-imposed rules or policy decisions
Violation of principles of natural justice
Principle of proportionality
Doctrine of legitimate expectation
Estoppel against the Government (promissory estoppel)
UNIT IV: JUDICIAL REVIEW AND POLICY DECISIONS (1 Week)

Limited power of judicial review of the courts over policy matters with special reference to
policy of reservation, disinvestment, privatization etc.
UNIT V: ADMINISTRATIVE ADJUDICATION (1 Week)

Meaning a nd ne ed of administrative a djudication; Lis inter partes, c oncept of f airness;
Difference between administrative, judicial and quasi-judicial actions
An ove rview of administrative t ribunals e stablished unde r A rticle 323 A a nd 323 B of t he
UNIT VI : PRINCIPLES OF NATURAL JUSTICE AND JUDICIAL REVIEW (4

Weeks)
Nature, scope and importance of the principles of natural justice
Nemo judex in causa sua or rule against Bias - Components and Tests, Kinds of bias, Judicial
Obstinacy, Exceptions to rule against bias
Audi Alterum Partem or rule of fair h earing – Notice, R ight to c ross examination, R ight to
counsel, Pre-decisional and Post decisional hearing; Right to inquiry report
Reasoned decision or s peaking o rder – Rationale, R easons b y o riginal an d ap pellate
authorities
Principles o f N atural J ustice: E xceptions a nd F ailure t o C omply - Exceptions w ill c over
exclusion b y s tatutory provisions, i n publ ic i nterest, e mergency, c onfidentiality,
impracticability, etc.
Consequences of Non-Compliance with Principles of Natural Justice – Action taken whether
Void or Voidable, Test of prejudice or useless formality, Test of substantial compliance
149
UNIT VII : WRIT JURISDICTION AND APPELLANT JURISDICTION OF THE

SUPREME COURT AND HIGH COURTS: SCOPE AND EXTENT (2 Weeks)
Difference b etween j udicial review, r evision a nd a ppeal; P ower of J udicial R eview of t he

Supreme Court and the High Courts– Articles 32 and 226 of the Constitution of India; Writs
– Certiorari, Mandamus, P rohibition, Habeas Corpus, QuoWarranto; O uster cl auses
(constitutional and statutory exclusion); Curative Petition
Supervisory and Appellate Jurisdiction of the Supreme Court and High Courts– Articles 227
and 136 of the Constitution of India
Suggested Readings:
1. Harry Woolf, Jeffery Jowell and Andew Le Sueur, De Smith’s JudicialReview (6thed.,
2007)
2. H.W.R. Wade & C.F. Forsyth, Administrative Law (11th ed., 2014)
3. Beatson, M atthews and E llitto’s Administrative Law: Text and Materials (4th ed.,
2011)
4. J. Schwarze, European Administrative Law (1992)
5. David Foulkes, Administrative Law (8th ed. 1995)
6. P.P. Craig, Administrative Law (6th ed., 2008)
7. B.L. Jones & J.F. Garner, Garner’s Administrative Law (8th ed., 1996)
8. K.C. Davis, Administrative Law Treatise(2nd ed., 1980)
9. M.P. Jain and S.N. Jain, Principles of Administrative Law (7th ed. revised, 2017)
10. M.P. Jain, Cases and Materials on Indian Administrative Law (1994)
Reading Material:
1. Report of Committee on Ministers’ Powers (1932) Reprint 1972

2. 108th Report of the Law Commission of India on Promissory Estoppel (Excerpts)
3. M. P . Singh, “ The C onstitutional Principle of Reasonableness”, 3 SCC(Jour.) 31
(1987)
4. Stephen G. Breyer & Richard B. Stewart, The Problem of Administrative Discretion
in Administrative Law and Regulatory Policy (2006) 103 – 135
5. Constantine S tephanou, “ Good G overnance a nd A dministrative Discretion”,
Department of International & E uropean S tudies P anteion U niversity, A thens
Available a t
https://www.unece.org/fileadmin/DAM/trade/workshop/OSCE.../Stephanou.doc.
6. Tim S earchinger, “T he P rocedural D ue P rocess A pproach to A dministrative
Discretion: T he C ourt’s Inverted A nalysis”, V ol. 95 The Yale Law Journal 1017
(1986)
7. Justice A . M . A hmadi, “ Judicial Process: S ocial Legitimacy a nd Institutional
Liability”, 4 SCC (Jour) 1 (1996)
150
8. “Judicial Review of Facts – Efficacy of Wednesbury’s Principles and Contemporary

Developments” (28 J uly 2007) available a t
http://www.supremecourtofindia.nic.in/speeches/speeches_2007/wednesday-
%5B1%5D.28.7.07.pdf
9. Sudish Pai, “Is Wednesbury on the Terminal Decline?” 2 SCC (Jour) 15 (2008)
10. Sarbjit Kaur, “Principle of Proportionality- A Ground of Judicial Review”, 2 Journal
of Law Teachers of India 36 (2011)
11. Justice Sunil Ambwani, I R Coelho v. State of Tamil Nadu and others – A Case Study
(Lecture delivered at the ‘Advocates Association’ on 9 February 2007)
12. Sarbjit Kaur, “Judicial Review and the Ninth Schedule of the Constitution”, Vol. 40,
Nos. 3-4 Journal of Constitutional and Parliamentary Studies 315 (2006)
13. S.N. Jain, “New Trends of Judicial Control of Administrative Discretion” 11 Journal
of Indian Law Institute (1969) 544
14. Alice J acob, “ Requirement to F indings o f F act in A dministrative D eterminations-
Judicial Experience in India and United States”, 8 Journal of Indian Law Institute 54
(1966)
15. S.N. Jain, “Is an Individual Bound by an Illegal Executive Order? Distinction between
‘Void’ and ‘Voidable’” Order, 16 Journal of Indian Law Institute 322 (1974)
16. S.N. J ain, “ Administrative Law As pects o f Maneka Gandhi”, 21 Journal of Indian
Law Institute 382 (1979)
17. M.P. S ingh, “ Administrative A ction in V iolation o f N atural J ustice A ffecting
Fundamental Rights: Void or Voidable?”, 2 SCC (J) 1(1979)
18. M.P. S ingh, “Duty t o Give R easons for Quasi-Judicial Decisions and administrative
Decisions”, 21 Journal of Indian Law Institute 45 (1979)
19. C.K. T hakker, “ From Duty t o A ct J udicially to D uty t o A ct Fairly”, 4 SCC (J)
1(2003)
Required Readings:
Books
1. Peter Cane, An Introduction to Administrative Law (1987)
2. W. Friedmann, Law in a Changing Society (1959)
3. David Pollard, Neil Parpworth and David Hughes, Constitutional and Administrative
Law (4th ed. 2007).
4. Peter Leyland & Gordon Anthong, Textbook on Administrative Law (5th ed. 2005)
5. Paul Jackson, O. Hood Phillips, Leading Cases in Constitutional and Administrative
Law (6th ed. 1988).
6. Bernard Schwartz, Roberto L. Corrada, J. Robert Broun, Administrative Law : A Case
Book (6th ed. 2006)
7. D.J. Galligan, Discretion Powers (1990)
8. K.C. Davis, Discretionary Justice (1969)
9. Aharon Barak, Proportionality Constitutional Rights and their Limitations (2012)
Articles
• Aharan Barak, “The Supreme Court - Foreword: A Judge on J udging: The Role of a
Supreme Court in a Democracy” Vol. 116:16 Harvard Law Review 16 (2002)
151
• D. Oliver, “Is the ultra vires rule the basis of judicial review?”Public Law 543 (1987)
• R. Williams, “When is an error not an error? Reform of jurisdictional review of error
of law and fact”,Public Law 793 (2007)
• P Joseph, “T he D emise o f U ltra V ires – Judicial r eview i n N ew Z ealand C ourts”,
Public Law 354 (2001)
• Lord Diplock, “Administrative Law: Judicial Review Reviewed” 33 Cambridge Law
Journal 233 (1974)
• H.F. R awlings, “ Judicial R eview a nd C ontrol of G overnment”, 64 Public
Administration 135-145 (1986)
• T.R. Hickman, “The reasonableness Principle: Reassessing its place in Public Sphere”
63 Cambridge Law Journal 166 (2004)
• Le Sueur, A., “The Rise and Ruin of Unreasonableness?” 10 (1) Judicial Review 32
(2005)
• M.P. S ingh, “ The C onstitutional pr inciple of r easonableness” 3 SCC (Journal) 31
(1987)
• Markanday K atju, “ Administrative L aw a nd J udicial R eview o f A dministrative
Action” 8 SCC (Journal) 25 (2005).
Teaching Plan
Week 1:
Concept o f S ocial Welfare S tate; C lassification o f A dministrative A ctions - Rule-making
action or qua si-legislative a ction, D ecision-making a ction or qua si-judicial a ction, R ule-
application a ction or purely administrative action; M inisterial a ctions; A dministrative
Discretion
Week 2:
Meaning and ne ed of discretion; Legislative c onferment of di scretion on a dministrative
authorities; limita tions o n c onferment o f d iscretion a rising f rom c onstitutional p rovisions
with special reference to Articles 14, 19 and 21
Week 3:
Doctrine of judicial review - origin and importance, judicial r eview as a p art o f ‘ basic
structure of the Constitution, Exclusion of power of judicial review or ‘ouster clause’
Week 4:
Nature, scope and extent of power of judicial review, Judicial S elf-restraints an d
Judicial Activism
Week 5:
Doctrine of Ultra Vires
Grounds of j udicial r eview - Abuse/Misuse o f di scretion- mala fides/ bad f aith, m ixed
motives/colourable exercise of power, improper purpose, leaving out relevant considerations,
taking i nto a ccount i rrelevant c onsiderations, a rbitrary exercise of di scretion, unr easonable
exercise of discretion or violation of Wednesbury principle
152
Non application of mind- surrender, abdication, acting mechanically, acting under dictation,
imposing fetters by self-imposed rules or policy decisions
Violation of principles of natural justice
Week 6:
Principle of proportionality
Week 7:
Doctrine of legitimate expectation
Estoppel against the Government (promissory estoppel)
Week 8:
Limited power of judicial review of the courts over policy matters with special reference to
policy of reservation, disinvestment, privatization etc.
Week 9:
Meaning and ne ed of administrative a djudication; Lis inter partes, co ncept o f f airness;
Difference between administrative, judicial and quasi-judicial actions
An ove rview of administrative t ribunals e stablished unde r A rticle 323 A a nd 323 B of t he
Week 10:
Nature, scope and importance of the principles of natural justice
Nemo judex in causa sua or rule against Bias - Components and Tests, Kinds of bias, Judicial
Obstinacy, Exceptions to rule against bias
Week 11:
Audi Alteram Partem or rule of fair h earing – Notice, R ight to c ross examination, R ight to
counsel, Pre-decisional and Post decisional hearing
Week 12:
Right to inquiry report
Reasoned decision or s peaking o rder – Rationale, R easons b y o riginal an d ap pellate
authorities
Week 13:
Principles of N atural J ustice: E xceptions a nd F ailure t o C omply - Exceptions w ill c over
exclusion b y s tatutory provisions, i n publ ic i nterest, e mergency, c onfidentiality,
impracticability, etc.
Consequences of Non-Compliance with Principles of Natural Justice – Action taken whether
void or voidable, Test of prejudice or useless formality, Test of substantial compliance
Week 14:
Difference b etween j udicial r eview, r evision an d ap peal; P ower of J udicial R eview of t he
Supreme Court and the High Courts– Articles 32 and 226 of the Constitution of India; Writs
– Certiorari, Mandamus, Prohibition, Habeas Corpus, QuoWarranto
Week 15:
Ouster clauses (constitutional and statutory exclusion); Curative Petition
153
Supervisory and Appellate Jurisdiction of the Supreme Court and High Courts– Articles 227
and 136 of the Constitution of India

Unit Course Learning Outcomes Teaching and Learning Assessment
No. Activity Tasks
1. To unde rstand t he r ole of a de mocratic A mix o f le ctures, As gi ven
state th at g overns th e le ast b ut a t th e discussion, c ase s tudy below.
same t ime doe s t he m ost f or pe ople f or method, pr esentations a nd
establishment o f an eg alitarian an d assignments
welfare society.
2. To l earn a bout t he m echanisms a nd A mix o f le ctures, As gi ven

processes t hrough w hich a dministrative discussion, c ase s tudy below.
authorities exercise their discretion. method, pr esentations
assignments a nd
To know t he or igin, s cope a nd e xtent hypothetical pr oblems
judicial review of administrative powers. solving
3. To l earn a bout t he g rounds of j udicial A mix o f le ctures, As gi ven

review of exercise of discretion. discussion, c ase s tudy below.
method, pr esentations
assignments a nd
solving
4. Develop an unde rstanding on l imited A mix o f le ctures, As gi ven
power of j udicial r eview ove r pol icy discussion, c ase s tudy below.
matters. method, pr esentations
assignments a nd
solving
5. Gain know ledge a bout ne ed o f A mix o f le ctures, As gi ven
administrative adjudication a nd discussion, c ase s tudy below.
difference b etween ad ministrative method, pr esentations
judicial and quasi-judicial actions. assignments a nd
solving
6. Learn about the legal framework relating A mix o f le ctures, As gi ven
to t he principles o f N atural J ustice an d discussion, c ase s tudy below.
their a pplication in a dministrative a nd method, pr esentations a nd
adjudicatory administrative actions. assignments
7. To l earn a bout t he doubl e-rock A mix o f le ctures, As gi ven
foundation pr ovided by t he r eview discussion, c ase s tudy below.
jurisdiction of t he S upreme C ourt a nd method, pr esentations a nd
154
High C ourts to e nsure that th e c itizen assignments

should ge t j ustice and f air pl ay by t he
administration.

Presentations)
IMPORTANT NOTE:
Committee o f te achers teaching th e C ourse shall b e a t lib erty to r evise th e
***********
155
Course Name: Law of Corporate Finance and Securities Regulation
Course Objective:
1. To understand the concept of corporate finance and securities regulation and apply in
the real world situation, the technique that have been developed in corporate finance.
2. To unde rstand t he concept of c apital m arket a nd i ts i mpact on f inancial m arket i n
India.
3. To unde rstand how c ompanies, m ake f inancing f rom c apital m arket a nd publ ic
financing Institutions.
This course is designed to provide students with an understanding of the capital market and
the s tructure of c orporate f inancial t ransactions i n I ndia. T he c ourse w ill he lp s tudents
understand t he f inances be hind t ransactions s uch a s ne gotiating a m erger, t aking a c lient
private through a leveraged buyout (LBO) or public through an initial public offering (IPO),
or securing capital for expansion or operations.
This course also provides to understand concept of Corporate Security analysing the problem
of m odern c ompany i n market e nvironment. It pr ovides ne cessary kno wledge i n e valuating
different m anagement de cisions a nd i ts i nfluence o n co rporate p erformance an d v alue. The
Theoretical and legal framework for understanding and analysing major financial problems of
modern c ompany i n m arket e nvironment. T he c ourse c overs f undamentals of s ource o f
finance in India Economy. The goal of this course is to develop the analytical and practical
approach f or m aking c orporate i nvestment along with a pplication of r egulatory compliance
by using financial knowledge.
CONTENTS:
UNIT I: INTRODUCTION OF CORPORATE FINANCE:

1. Basics of Corporate Law
2. Meaning, Importance and Scope of Corporate Finance
3. Concepts of Corporate Finance:
a) Relationship between Risk and Return
b) Time Value of Money
4. Objectives of Corporate Finance
a) Profit Maximisation
b) Wealth Maximisation
c) Capital Investment: Needs and Factors effecting Capital Investment
UNIT – II: SOURCES OF CORPORATE FINANCE
1. Equity Finance
a) Share Capital
b) Equity and Preferential
c) Sweat Equity Shares
d) Employee Stock Ownership Plan
2. Debt Finance
a) Debentures
b) Charge
156
3. Other Sources of Finance

a) Venture Capital Financing
b) Angel Investors
c) Leverage Buy Out
d) Public Financing Institutions
UNIT-III: CONCEPTUAL UNDERSTANDING OF CAPITAL MARKETS &

SECURITIES
1. Overview of Capital Market
a) Indian Capital Market  
b) Authorities Governing Capital Markets in India  
2. Concept of Securities
a) Arena of Securities: Equity, Debentures, Preference Shares  
b) Sweat Equity, Non-Voting Shares, Share Warrants  
c) Issue and Listing of Securities
d) Listing of Securities  
e) Issue of Capital and Disclosure Requirements (ICDR)  
f) Procedure for Issue of Various Types of Shares and Debentures  
g) Employee Stock Option Scheme and Employee Stock Purchase Scheme
h) Delisting of Securities 
3. Securities Market Intermediaries
a) Primary Market and Secondary Market Intermediaries
b) Role and Functions, Merchant Bankers
UNIT IV: SECURITIES LAWS & REGULATIONS IN INDIA

1. Securities Contracts (Regulation) Act, 1956
2. SEBI Act, 1992
a) Objective, Power and Functions of SEBI
b) Securities Appellate Tribunal, Appeals, Appearance before SAT
3. Depositories Act, 1996
a) Definitions, Setting up of Depository, its type, Role and Functions
b) Depository Participants
c) Admission of Securities
d) Difference between Dematerialization & Rematerialisation
e) Depository Process
f) Inspection and Penalties
g) Internal Audit and Concurrent Audit of Depository Participants, etc.
4. Issue and Listing of Securities
a) Listing of Securities
b) Various Types of Shares and Debentures
c) Employee Stock Option Scheme and Employee Stock Purchase Scheme
d) Delisting of Securities
5. SEBI (Substantial Acquisition of Shares and Takeover Regulations), 2011
6. SEBI (Prohibition of Insider Trading Regulations),2015
SUGGESTED READINGS:
157
1. Abhay A huja; A mritha Ahuja, C ome on In - India's A ttempts t o E ncourage H edge

Funds t o Invest i n Its C apital M arkets W ill F ail, U nless t he R ules a re C hanged, 26
INT'L FIN. L. REV. 29, 29 (2007).
2. Abhinav C handrachud, T he E merging M arket f or C orporate C ontrol i n India:
Assessing (and Devising) S hark R epellents f or India's R egulatory E nvironment, 10
WASH. U. GLOBAL STUD. L. REV. 187, 238 (2011).
3. Ajit Singh, Corporate Governance, Corporate Finance and Stock Markets in Emerging
Countries, 3 J. CORP. L. STUD. 41, 72 (2003).
4. Bhavna Thakur, India Rising, 35 INT'L FIN. L. REV. 76, 77 (2016).
5. Cally J ordan, T he W ider C ontext: T he F uture of C apital M arket R egulation i n t he
Developed Markets, 6 LAW & FIN. MKT. REV. 130, 135 (2012).
6. Changing Market, 27 INT'L FIN. L. REV. 20, 23 (2008).
7. E. C . J r. Lashbrooke, T he D ivergence of C orporate Finance and Law i n C orporate
Governance, 46 S. C. L. REV. 449, 470 (1995).
8. Edward L. P ittman, Q uantitative Investment Models, E rrors, and t he F ederal
Securities Laws, 13 N.Y.U. J.L. & BUS. 633, 774 (2017).
9. Geert Bekaert; C ampbell R . H arvey, C apital Markets: A n E ngine f or E conomic
Growth, 5 BROWN J. WORLD AFF. 33, 54 (1998).
10. George W. Jr. Dent, Venture Capital and the Future of Corporate Finance, 70 WASH.
U. L. Q. 1029, 1086 (1992).
11. Girish Dave, Liberalising Mutual Funds and Venture Capital in India, 9 INT'L FIN. L.
REV. 35, 38 (1990).
12. Ina Balukja, Evolution of Corporate Finance Methods, 8 JURIDICAL TRIB. 306, 312
(2018).
13. Janis Sarra, C orporate G overnance i n G lobal C apital M arkets, C anadian a nd
International Developments, 76 TUL. L. REV. 1691, 1748 (2002).
14. Lanny A. S chwartz, S uggestions f or P rocedural R eform i n S ecurities M arket
Regulation, 1 BROOK. J. CORP. FIN. & COM. L. 409, 448 (2006).
15. Leland E. Crabbe; Margaret H. Pickering; Stephen D. Prowse, Recent Developments
in Corporate Finance, 76 FED. RES. BULL. 593, 603 (1990).
16. Mark J . R oe, A P olitical T heory o f A merican Corporate Finance, 91 COLUM. L.
REV. 10, 67 (1991).
17. Martin Lipton, C orporate G overnance i n t he A ge of F inance C orporatism , 136 U .
PA. L. REV. 1, 72 (1987-1988).
18. P. M. Vasudev, Capital Markets and Corporate Governance in India: An Overview of
Recent Trends, 3 CORP. GOVERNANCE L. REV. 255, 282 (2007).
19. Peter H . H uang; M ichael S . K noll, C orporate F inance, C orporate Law a nd F inance
Theory, 74 S. CAL. L. REV. 175, 192 (2000).
20. Pnakaj K umar G upta; Singh S hallu, E volving Legal Framework of C orporate
Governance in India - Issues and Challenges, 4 JURIDICAL TRIB. 239, 252 (2014).
21. Rumu S arkar, T he Legal Implications of F inancial S ector R eform i n E merging
Capital Markets, 13 AM. U. INT'L L. REV. 705, 726 (1997).
22. Sandeep Dave, R ealty Investment Laws of India, 21 INT'L LEGAL P RAC. 97, 102
(1996).
23. Sandeep P arekh, P revention of Insider T rading a nd C orporate G ood G overnance i n
India, 32 INT'L BUS. LAW. 132, 141 (2004).
24. Stanislav Dolgopolov, Linking the Securities Market Structure and Capital Formation:
Incentives for Market Markers, 16 U. PA. J. BUS. L. 1, 56 (2013).
158
25. Stephen P. Smith, Greater Mutual Fund Transparency in India: Enhanced Disclosure
Protection f or India's M utual F und U nitholders i n a T ime of M arket V olatility, 43
VAND. J. TRANSNAT'L L. 151, 190 (2010).
26. Sunil T hacker; M inal K aul, T he E volution of P rivate E quity i n India, 4 C T.
UNCOURT 5, 7 (2017).
27. Umakanth V arottil, T he E volution of C orporate Law i n P ost-Colonial India: F rom
Transplant to Autochthony, 31 AM. U. INT'L L. REV. 253, 326 (2016).
28. Walter S truber; A driana M aria G odel; J eff Kerbel; M ichael E . B urke, International
Securities and Capital Markets, 41 INT'L LAW. 443, 482 (2007).
REFERENCE BOOKS:
1. Alastair Hundson, The Law on Financial Derivatives (1998), Sweet & Maxwell.
2. Altman and Subramanian, Recent Advances in Corporate Finance (1985) LBC.
3. Asim K umar M ishra: Venture C apital F inancing in India; S hipra P ublications,
115A,Vikas Marg, Shakarpur, Delhi-110092.
4. Babby Dutta, Indian Financial Markets the regulations framework, ICFAI-2005.
5. Board of Editors, Financial Strategy Conceptual Issue, ICFAI, 2006.
6. Bodie, Alex, Marcus and Mohanty, Investments, McGraw Hill Publishing Co.
7. Chandra, P rasanna, Investment A nalysis a nd P ortfolio M anagement, T ata M cGraw
Hill.
8. Damodaran, Aswath, Investment Valuation: Tool and Techniques for Determining the
Value of Any Asset, Wiley Finance.
9. Denzil W atson a nd A nd hon yhead, C orporate F inance P rinciples a nd P ractice, P .S.
Arson Education Ltd.(2007)
10. Diana R. Harrington-Corporate Financial Analysis-(2008).
11. Donald H. Chew, Studies in International Corporate Financial System, Oxford (1997)
12. E. G ordon & K . N atarajan: C apital M arket i n India; H imalaya P ublishing H ouse,
Ramdoot, Dr. Bhalerao Marg, Girgaon, Mumbai – 400004.
13. Eil’s Feran, Company Law and Corporate finance, (1999) Oxford.
14. Frank.B. C ross & R obert A . P rentice- Law an d C orporate F inance, Edward E lgar
Publishing Limited-U.K (2007).
15. H.L.J. F ord and A .P.Austen, F ords’ P rinciples of C orporations Law, ( 1999)
Butterworths.
16. Hirt and Block, Fundamentals of Investment M anagement, M cGraw Hill P ublishing
Co.
17. Jonathan C harkham, F air S hare: T he F uture of S hareholders P ower a nd
Responsibility, Oxford.
18. M.Y.Khan:IndianFinancialSystems;TataMcGrawHill,4/12,AsafAliRoad,NewDelhi –
110 002.
19. Mamta Bhargava: Compliances and Procedures under SEBI Law; Shreeji Publishers,
8/ 294, Sunder Vihar, New Delhi – 110 087
20. Pandiyan, P unithavathy, S ecurity Analysis a nd P ortfolio M anagement, V ikas
Publications.
21. S. S uryanarayanan & : S EBI – Law, P ractice & P rocedure; C ommercial Law
Publishers ( India) V . V aradarajan P vt. Ltd., 151, R ajindra M arket, Opp. T is H azari
Court, Delhi – 110054
22. Sanjeev A ggarwal: G uide t o Indian C apital M arket; B harat Law H ouse, 22, T arun
Enclave, Pitampura, New Delhi – 110 034.
23. Taxmann: SEBI Manual
159
24. V.L. Iyer: S EBI P ractice M anual; T axman A llied S ervice ( P) Ltd., 59/32, N ew
Rohtak Road, New Delhi-110005.
TEACHING PLAN:
Week 1:
a) Introduction of this subject and importance of this law in Indian Corporate Market.
b) Giving outline of this subject and introduction of all modules of this subject.
c) Meaning, Importance and Scope of Corporate Finance
d) Concept and development of Meaning, Importance and Scope of Corporate Finance.
Week 2:
a) Introduction of this module and discuss relevant laws applicable in this module.
b) Development of corporate fund requirement and relevant laws.
c) Different models of scours of corporate finance
d) New technique and regulatory approach to raise funds.
e) Overview of Public Financing Institutions.
Week: 3
a) Discuss the equity finance, Debt finance concept
b) Introduction of Angel Investors in India
c) How the Venture Capital can use for source of finance.
d) General di fference be tween D ebentures and C harge and H ow C ompany Act, 2013
defines these terms.
Weeks 4:
a) General overview and objective of this module.
b) Discuss t he h istorical p erspective o f t he Indian e conomy a nd R ole o f M arket i n
Economy.
c) Concept of Capital and Capital Market
d) Development of Capital Market in India.
Week 5:
a) Discuss the Capital Markets & Securities laws in India
b) Concept of Securities market in India.
c) Discuss the role of Intermediary in Primary and Secondary Market.
d) In de tails di scuss w ith help of r elevant pr ovisions of c ompany a ct’s a nd r ole of
company’s security in India.
Week 6:
a) Concept of shares of company under the Company Act, 2013.
b) Allocation of s hares i n di fferent groups of company s uch as s hareholders, e quity
shareholder, and directors etc.
c) Classification of shares
d) Difference between Equity, Debenture and Preference Shares.
Week 7:
a) Introduction of this module with historical development of securities laws.
b) Difference between capital and security market in India.
c) Regulatory body governing these two market.
160
Weeks 8:
a) Explained and discussion of establishment of regulatory body which govern security
market in India.
b) Discuss t he va rious l aws a nd r egulations regarding s ecurity l aws a nd r egulation i n
India.
d) Issue and Listing of Securities and governing regulation of SEBI.
Week 9:
a) Discuss the ICDR Regulation, 2009.
b) Discuss the Securities and Exchange Board of India (Issue of Capital and Disclosure
Requirements) Regulations, 2018.
c) Legal issues under (Issues of Capital and Disclosure Requirement) Regulation, 2018.
d) Procedure for Issue of Various Types of Shares and Debentures.
Week 10:
a) Classification of Market in India.
b) Role of Primary Market and Secondary Market in India.
c) Regulatory body governing of these markets in India.
d) Role and Function of Merchant Banker.
Week 11:
a) Explained and discussion of establishment of regulatory body which govern security
market in India.
b) Discuss t he va rious l aws a nd r egulations regarding s ecurity l aws a nd r egulation i n
India.
c) Issue and Listing of Securities and regulation of SEBI.
Week 12.:
a) Introduction of Security Contract (Regulations) Act, 1956.
b) Power of SEBI under Security Contract (Regulations) Act, 1956.
c) The Securities Contracts (Regulation) Act, 1956 [As amended by Finance Act, 2017]
d) Role of National Stock Exchange in India
Week 13:
a) Introduction of Depository Act, 1996
b) Discuss; Definitions, Setting up of Depository, its type, Role and Functions
c) Discuss the Depository Participants and Admission of Securities
Weeks 14:
a) Issue and Listing of Securities
b) Overview of Employee Stock Option Scheme and Employee Stock Purchase Scheme
c) ESPOS better than stock purchase plans
d) Tax implications on ESPOS
Week 15:
a) Discuss the SEBI Regulations-
b) Securities Contracts (Regulation) Act, 1956
c) SEBI (Substantial Acquisition of Shares and Takeover Regulations), 2011
d) SEBI (Prohibition of Insider Trading Regulations),2015
e) Depositories Act, 1996
161
FACILITATING THE ACHIEVEMENT OF COURSE LEARNING OUTCOMES
Teaching and
Unit No. Course Learning Outcomes Assessment Tasks
Learning Activity
Concept of C orporate l aw
and de velopment of
Lectures cum
1. Corporate finance in India. As given below.
presentation
Understanding o f C apital
financing in India.
Different mo dels to r aise
finance in I ndia w ith
Lectures cum
2. approval of r egulatory As given below.
presentation
bodies.
Concept of C apital M arket

and Securities in India.
Lectures cum
3. As given below.
presentation
Role o f in termediary in
capital market
Understanding of s ecurity
laws a nd regulations i n
Lectures cum
4. India. As given below.
presentation
Application of t hese l aws
in companies.

Presentations)
IMPORTANT NOTE:
***********
162
SemesterII
Course Name: Intellectual and Industrial Property Laws – II
(Trade Mark, Geographical Indication and Patent)
Background
The development in human society triggered by technology and trade saw emergence
of Intellectual property laws leading to legal rights emanating from intellectual activity in the
industrial, s cientific, lite rary and a rtistic f ields. Intellectual P roperty l aws s afeguard
intellectual property for two broad reasons: One is to give impetus to creativity, innovation,
scientific development, and dissemination to encourage fair trading which would contribute
to economic and social development. The second is to give statutory expression to the moral
and economic rights of creators and the rights of the public to access creations. The study of
this d iscipline o f la w, t herefore, b ecomes e xtremely imp ortant for p rogressing in a ll th e
domains of human activity in modern times.
Course Objectives
• To get acclimatized with the rationale and general principles of Intellectual Property
Laws (IPL),
• To understand specific IPL; Trade Marks, Geographical Indications and Patents
• To study the provisions of Trade Mark Act, 1999, Geographical Indications Act,
1999 and Patent Act, 1970
• To untangle enforcement of Intellectual Property Rights. (Trade Mark, Geographical
Indication and Patent)
• To understand implications of International Conventions in relation to Intellectual
Property. (Trade Mark, Geographical Indication and Patent)
Learning Outcomes
• At the end of this paper, the students should be able to learn theoretical concepts of
evolution of Intellectual P roperty Laws ( Trade Mark, G eographical Indication a nd
Patent) vis a vis the international development, the emergence of different branches
of Intellectual Property Laws (Trade Mark, Geographical Indication and Patent)
The students learn:
• the l egal ba sis of t he T rade M ark, G eographical Indication a nd P atents) and
its impact in economic, social and technological context
• synthesis of c ase l aws, i dentification of i ssues, a pplicability of r elevant
provisions a nd c ritical analysis of t he j udicial de cisions w ith r eference t o
Trade Mark, Geographical Indication and Patents
• tracing the existing legal framework through latest judgments and applicability
of pr ovisions i n t he e volving a s w ell a s t echnological dr iven s ociety with
regard to Trade Mark, Geographical Indication and Patents
Course Content
UNIT – I:International Treaties and Conventions in the specified areas - 08classes
163
1. Agreement on T rade-related A spects o f Intellectual P roperty R ights– Standard

concerning t he availability, s cope a nd us e of t rademarks (section 2 of T RIPS);
Geographical Indications (section 3) and Patents (section 5)
2. Paris C onvention for t he P rotection of Industrial P roperty, 1883– Principles of National
Treatment, Right of Priority; Provisions concerning trademarks; use and concurrent use;
independence of trade marks; well known trade marks; non-registrable marks; assignment
of t rade m ark; pr otection of t rade m ark r egistered i n one country i n ot her c ountries;
service m arks; collective m arks and t rade m ark a nd t rade names. P rovisions concerning
patents; i ndependence of pa tents; r ight of i nventor; i mportation; f ailure t o w ork;
compulsory licenses
3. Introduction t o P atent C o-operation T reaty- History, obj ectives, F unctioning and
Advantage of P CT s ystem. B rief R eference t o M adrid s ystem o f International
Registration for trademarks. Brief Reference to UPOV Conventions.
UNIT – II: Trade Marks Law 08 classes

1. Introduction: Concepts of trade mark
2. Nature and functions of trade marks, well-known trade marks
3. Registration of Trade Marks (Sections- 2, 9-17, 28, 30, 33, 37-45)
4. Absolute and Relative grounds for refusal of registration
5. Status of well-known marks and its determination
6. Concurrent registration of marks
7. Rights conferred by registration
8. Duration of trade mark rights
UNIT – III: Licensing of Trade Mark 05 classes
1. Licensing of trade marks; registered and unregistered licenses
2. Assignment of trade marks
3. The concept of registered users of trade marks
4. Concept of quality control in trade mark licensing
UNIT – IV: Protection of Trade Marks/Names (Section 27 ,29,30,32,101-11,135) 0 5
classes
1. Infringement of trade marks
2. Dilution of trade marks
3. Passing off action
UNIT –V: Registration and Protection of Geographical Indications (Section
27,29,30,32,101-11,135) 05 classes
1. Nature of right under the Geographical Indication Act as against other IPRs
2. Meaning and definition of Geographical Indication,
3. Difference between Trade mark and Geographical Indication, registration of geographical
indications
4. Duration of registration
5. Effect of registration : Right conferred, Protection: Infringement
5. What constitutes infringement
164
6. Passing off
UNIT –VI: The Patents Act, 1970 08 classes

1. Introduction to Patent System & Patentability, Justification for the Monopoly, Invention –
process and product; Inventive step- Novelty; Industrial application – (Utility); Patentable
subject matter; Priority dates, Applicant for patent – True and first inventor, Particulars of
application, Foreign applications, international application under PCT.
2. Specifications – provisional a nd c omplete, D isclosure of Invention i n A pplication,
Drafting of c laims, G rounds f or oppos ition. knowledge w ithin l ocal or i ndigenous
community, Grant of Patents and Rights of Patentee; Grant and sealing of Patent; Rights
of Patentee; Term of Patent.
UNIT –VII: Working of Patent and Transfer of Rights 0 6 classes

1. Assignment, General principles applicable to working of patented inventions, Voluntary
licenses and compulsory licenses, Predatory practices,
2. Power of Controller of revocation for non-working, Use and acquisition of inventions by
Central Government, S urrender and R evocation of patents; p ara 6 o f Doha Declaration,
Decisions with regard to Medicines.
UNIT –VIII: Infringement of Patents 03 classes

What c onstitutes i nfringement, A ctions f or i nfringement; grounds for de fenses – s. 2, 5,13,
25, 64, a lso 6 -11, 13, 1 8, 29 -34 a lso 25 -28, 43 -53) S ections 63 -66, 68 -70, 82 -103, 140)
(Sections 104-115).
1. Prescribed Legislations and Treaties:

Paris Convention – Provisions relating to above areas
TRIPS
The Trade Marks Act, 1999
The Geographical Indications of Goods (Registration and Protection) Act, 1999
The Patents Act, 1970
Books
(i) WIPO, Background Reading Material on Intellectual Property (1995).
(ii) Ashwani K r. B ansal, Law of T rade M arks i n India w ith i ntroduction t o Intellectual
Property, 2009
(iii) P. Narayanan, Law of Trade Marks and Passing off (7th ed., 2006).
(iv) P. Narayanan, Patents Law (4th ed., 2006).
(v) Kerly, Kitchin, David, Law of Trade Marks and Trade Names, (13th ed., 2001).
(vi) W.R. Cornish, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights
latest edition.
(vii) Raman Mittal, Licensing of Intellectual Property: Law & Management, 2009.
165
Teaching Plan:
Week 1 :Unit 1: A greement on T rade-related Aspects o f Intellectual P roperty R ights–
Standard concerning the availability, scope and use of trademarks (section 2 of TRIPS);
Geographical Indications (section 3) and Patents (section 5)
Week 2: C ontd…Unit 1: P aris C onvention f or t he P rotection of Industrial P roperty, 1883 –
Principles of N ational T reatment, R ight o f P riority; P rovisions c oncerning t rademarks;
use a nd c oncurrent us e; i ndependence of t rade marks; w ell know n t rade m arks; non -
registrable marks;
Week 3: Contd…Unit 1 assignment of trade mark; protection of trade mark registered in one
country in ot her countries; s ervice m arks; c ollective m arks a nd t rade mark a nd t rade
names. P rovisions c oncerning p atents; i ndependence of p atents; r ight of i nventor;
importation; failure to work; compulsory licenses
Week 4: C ontd... U nit-1: Introduction t o P atent C o-operation T reaty- History, obj ectives,
Functioning and A dvantage of P CT s ystem. Brief R eference t o M adrid s ystem of
International Registration for trademarks. Brief Reference to UPOV Conventions.
Week 5:Unit-II: Introduction: Concepts of Trade mark and Service mark, Nature, Functions
and Role in Economic Development, Trademark as a tool of Monopoly and Competition,
Trade Marks Act 1999, Registered and Unregistered Trade marks,
Week 6: C ontd…Unit-II: Introduction of W ell know n m arks i n I ndia f rom 15 -9-2003;
Proprietors, Licensees registered users of trade marks, Definition of trade mark and well
known marks, whether trade mark connotes any quality?
Week 7: Contd... Unit-II: Registration of Trade Mark (Sections- 2, 9-17, 28, 30, 33, 37-45)
Absolute a nd R elative grounds f or r efusal of registration, s pecific r equirements –
distinctive character; Concept of deceptive similarity and its applicability in registration.
Status of well known marks and its determination,
Week 8: C ontd.... U nit-II: T he l aw of c oncurrent r egistration. R ights c onferred b y
registration, D uration of T rade M ark, E ffect of a cquiescence. D erived W orks –
Cinematograph film and Sound Recordings
Week 9: Unit III: One source of quality control instead of one source of goods, registered and
unregistered l icenses, Issues of l icensing, s upremacy of a greement, c onditions i n
agreements, predatory practices, Assignment of trade mark.
Week 10: Unit IV

Infringement : w hat c onstitutes in fringement, D ilution, E nlargement of Infringement
jurisdiction in S. 29(3) to (9) including Advertising;
2. Passing off action. Passing off based on transborder reputation:
Week 11: UNIT –V: Registration and Protection of Geographical Indications (Section
27,29,30,32,101-11,135)
1. It is community right as against other IPRs which are private rights,
166
2. Meaning and definition of Geographical Indication,

3. Difference between Trade mark and Geographical Indication, registration of geographical
indications
4. Duration of registration. Effect of registration : Right conferred, Protection: Infringement
5. What constitutes infringement. Passing off action.
Week 12: UNIT –VI: Introduction to P atent S ystem & P atentability, J ustification f or th e
Monopoly, I nvention – process a nd pr oduct; Inventive s tep- Novelty; I ndustrial
application – (Utility); Patentable s ubject ma tter ( inventions n ot p atentable); P riority
dates, A pplicant f or p atent – True a nd f irst i nventor, P articulars of a pplication, F oreign
applications, international application under PCT.
Week 13: Contd. UNIT-VI Specifications – provisional a nd c omplete, D isclosure of

Invention i n A pplication, D rafting of claims, G rounds f or oppos ition kn owledge w ithin
local or i ndigenous community, G rant of Patents an d R ights o f P atentee; G rant an d
sealing of Patent; Rights of Patentee; Term of Patent; Product Patents for drugs medicines
and food substances; Refer Amendment Act 2005.
Week 14: UNIT –VII:
Assignment, G enral principles a pplicable t o working o f pa tented i nventions, V oluntary
licenses and compulsory licenses, Predatory practices,
Week 15: Contd…Unit VII and Unit VIII
Power of Controller of revocation for non-working, Use and acquisition of inventions by
Central Government, S urrender and R evocation of patents; p ara 6 o f Doha Declaration,
Decisions w ith r egard t o M edicines e tc a nd W hat c onstitutes i nfringement, A ctions f or
infringement; grounds for defences Relevant Sections for above topics – s. 2, 5,13, 25, 64,
also 6-11, 13, 18, 29-34 also 25-28, 43-53) Sections 63-66, 68-70, 82-103, 140) (Sections
104-115).

Unit Course Learning Outcomes Teaching Assessment
No. and Tasks
Learning
Activity
1. 1. Impact of evolution, nature, concept of IPRs(Trade
Mark, Geographical Indication And Patent) on
society
2. Requirement of International conventions in i) Classroom As given
shaping of Intellectual Property laws (Trade Mark, teaching below.
Geographical Indication And Patent)
167
2. 1.defitional Contours Trade Marks ii) Presentati

ons/Discu
2.Registration of Trade Marks ssions
3. 1.Licensing of Trade Mark
2. Assignment of trade mark.
4. Protection of Trade Marks/Names
1. Infringement
2. Passing off Action
5. 1. M eaning and definition of G eographical
Indication,
2. D ifference b etween T rade m ark an d G eographical
Indication, r egistration of geographical
indications
3. Duration o f r egistration. E ffect o f r egistration o f
Geographical Indication : R ight c onferred,
Protection: Infringement
6. 1. Introduction to Patent System & Patentability,

Justification for the Monopoly etc.
2.Specifications – provisional and complete,
Disclosure of Invention in Application, Drafting of
claims, etc.
7. 1.Assignment, G eneral pr inciples a pplicable t o

working of pa tented i nventions, V oluntary
licenses a nd c ompulsory l icenses, P redatory
practices,
2. Power of Controller of revocation for non-working,
Use and acquisition of inventions by Central
Government, Surrender and Revocation of patents
etc.
Infringement of Patents -What constitutes
infringement, Actions for infringement; grounds
for defenses
8.
168

Internal C omponent ( Term Paper an d 20 Marks
Presentations)
IMPORTANT NOTE:
Committee o f te achers te aching th e Course shall b e a t lib erty to r evise th e
***********
169
Semester II
Course Name: Insurance Law and Banking
Learning Objectives:
1. To e nable s tudents t o u nderstand t he r egulatory framework governing t he ba nking

sector
2. To i mpart s tudents a n s ound unde rstanding r egarding t he f unctioning t he ba nks a nd
financial institutions and the role of the regulatory authorities
3. To develop an idea about insurance contracts and the legal framework that operates in
the field
4. To analyse the importance, role and functions of the sector regulator in insurance
5. To enable t he s tudents t o acquire understanding on t he l egal foundation of di fferent
kinds of negotiable instruments
6. To give an opportunity to the students to explore the nuances of the legalities in the
area and help them to develop legal knowledge in this field.
Learning Outcomes:
After successful completion of the course, the students will be able to:
1. Understand the law of banking and its application
2. Develop an idea about the regulatory framework in the banking sector
3. Know t he f unctioning o f t he ba nks a nd financial i nstitutions a nd t heir r ole i n t he
economy
4. Develop an understanding about the insurance laws and the regulatory framework
5. Understand the functioning of insurance agencies and their role in the economy
6. Acquire knowledge about the legality of negotiable instruments
7. Develop an edge in the practical nuances about the dishonor of negotiable instruments
Part A
INSURANCE LAWS
Topic I
General Principles of Law of Insurance and Markets (Lecture-10)
• Introduction: Nature- Definition

• History of Insurance- History and development of Insurance in India
• The Insurance Act, 1938- (main sections)
• The Insurance Regulatory Authority Act, 1999, IRDA- Its role and functions.
Topic II
Concepts and Principles of Insurance Law (Lecture-10)
170
• Insurance Law: Essential tenets

• Formation, performance and discharge of contract
• Proposal and policy
• Classification, commencement, duration and revival of policy
• Utmost Good faith
• Insurable Interest
• Indemnity, Subrogation and contribution
• The risk, premium, proximate cause, Re-insurance
Topic III
Types of Insurance (Lecture-10)
• Life Insurance Contracts
• Motor Vehicle Insurance
• Fire Insurance
• Marine Insurance
Part B
BANKING LAWS
Topic IV
Introduction to Banking (Lecture-10)
Indian Banking and Financial Institutions Structure in India

• Indian Banking System –Features, Money Lenders
• Narsimham Committee and its report
• Nationalization of Commercial Banks and its Effects
• Banking Companies (Acquisition of Undertaking and Transfer) Act, 1970 and 1980
• Classification of Banking Institutions
• Banking (Regulations) Act, 1949
• Development Banking In India
Topic V
Negotiable Instruments (Lecture-10)
Introduction of Negotiable Instruments

• Holder and Holder in Due Course
• Transfer of Negotiable Instruments
• Liability and Discharge of Negotiable Instruments
• Dishonor of Cheque and Liabilities associated with it.
Topic VI
New Concepts in Banking: Issues and Challenges (Self Study & Group
Discussion Module) (Lecture-10)
• Internet Banking
• Mobile banking
• E- Payments
• ATM Card/Debit/Credit card, EFT, ECS (credit/debit)
171
• RTGS/NEFT
• Law relating to E-banking/commerce in India.
• Micro Finance: Issues and challenges
• Green Banking and Sustainable development
• Banking Ombudsman
• Consumer Protection and banking services
PRESCRIBEDREADINGS
Banking Law:
1. Tannan, M.L, Banking law and practice in India, (21st ed., Wadhwa & Co., 2005)
2. Gupta, S N, Banking law in theory and practice, Vol. 1,2&3,( 5th edn, Universal
Law publishing co. pvt. ltd., 2010)
3. Datta. C R, Kataria, S K, Banker's manual , Vol. 1& 2 Commentary on banking
laws & allied acts, (24th edn, LexisNexis Butterworth’s Wadhwa Nagpur,2011)
4. Ranganath, Mishra, Bhashyam & Adiga, Negotiable Instruments Act, (17th edn,
Bharat Law house Pvt. Ltd. New Delhi, 2003)
5. Singh Avatar,Banking and Negotiable Instruments,(2nd edn., Eastern book
Co.Lucknow,2011)s
6. Saharay, H K; Saharay, Madhusuda, Negotiable instruments act 1881, Dishonour
of cheques, (3rd edn. Premier Publishing co., Allahabad, 2011)
7. Sharma, D K, Dishonour of cheques,( India law house New Delhi,2012)
8. Laxmanrao, Narayan, Dishonour of cheques: law and practice (2nd ed., S Gogia
and company Hyderabad, 2004)
9. Singh Avtar, Negotiable Instruments, (4th Edition, Eastern Book Company,
Lucknow, 2005)
10. Elumalai, E, Consumer protection act and banking service with digest of case
laws,(2008 edn., law publishers (India) Pvt. Ltd.Allahabad,2008)
11. Hapgrood, Mark, Paget’s Law Of Banking, (13th edn. Butterworths Law, 2006)
12. Gupta. S.N.: Dishonour of Cheques-Liability civil &criminal (5th Edn. Universal
Law publishing co. pvt. ltd., New Delhi, 2006)
Insurance Law:
1. David L. Bickelnaupt, General Insurance, 10th ed. (USA; Richard D. Irwin, Inc,
2. Avtar Singh, Principles of Insurance law, 7th ed. (Nagpur; Wadhwa & Co, 2002).
3. E.R. Hardy Ivamy, General Principles of Insurance Laws, 6th ed. (London;
Butterworth’s, 1993).
4. John Birds & Norma J. Hird, Bird’s Modern Insurance law, 6th ed. (London; Sweet
& Maxwell, 2004).
5. K.S.N Murthy & Dr. KVS Sarma, Modern Law of Insurance in India, 4th ed. (New
Delhi; Lexis Nexis Butterworths, 2002).
6. M N Srinivasan’s Principles of Insurance law, 7th ed. (Nagpur; Wadhwa & Co,
2002).
Bare Acts (Relevant sections):

• The NI Act, 1881
• The Negotiable instruments (Amendment) Bill, 2015
• The RBI Act, 1934
• The Banking Regulation Act, 1949
• The Recovery of Debts due to Banks and Financial Institutions Act, 1993
172
•The Securitization And Reconstruction of Financial Assets And Enforcement

Of Security Interest Act, 2002
• The Insurance Act, 1938
• The Motor Vehicles Act, 1988 (relevant sections)
• The Marine Insurance Act 1963
• The Life Insurance Corporation (LIC) Act, 1956
• The General Insurance Business (GIB) (Nationalization) Act, 1972
• The Insurance Regulatory and Development Authority (IRDA) Act, 1999.
• The Insurance Regulatory and Development Authority (Registration of
Insurance companies) regulations, 2000
• The Indian Contract Act, 1872 (relevant sections)
• The Companies Act, 1956 (relevant sections)
• The public Liability Insurance Act
• The workmen’s compensation Act, 1923
• The relevant IRDA Rules
Law Commission of India Reports:
• 21st Law commission of India Report
• 112th Law commission of India Report
• The Narsimham Committee Report
• The KPN committee Report on Provisions of Insurance Act 1938
• Justice Rangarajan committee Report on Motor Insurance
TEACHING PLAN-
Week 1: Unit 1
Week 2: Unit 1
Week 3: Unit 1
Week 4: Unit 2
Week 5: Unit 2
Week 6: Unit 2
Week 7: Unit 3
Week 8: Unit 3
Week 9: Unit 4
Week 10: Unit 4
Week 11: Unit 5
Week 12: Unit 5
Week 13: Unit 5
Week 14: Unit 6
Week 15: Unit 6

Unit No. Course Leaning Teaching & Learning Assessment Tasks

Outcome Activity
173
1. • Nature a nd hi story Teaching: As given below.

of Insurance; • Classroom lecture
• Classification; • Case Analysis
• General L aws Learning: D evelop
related to Insurance theoretical a nd h istorical
Law understanding of t he
insurance l aws a nd t heir
applicability
2. • General P rinciples Teaching As given below.

of Insurance Laws • Classroom lecture
• Applicability o f • Case Analysis
the doctrine • Discussion of
practical
examples
Learning: Understand the
doctrine a nd i ts
applicability i n i nsurance
contracts
3. • Nature and S cope Teaching: As given below.
of Insurance; • Classroom lecture
• Classification; • Case Analysis
• General P rinciples Learning: D evelop
– Proximate Cause practical unde rstanding
• Construction r ules of the insurance laws and
applicable Reasons their applicability
4. • History of B anking Teaching: As given below.

in India, • Classroom lecture
• Bank • Case Analysis
Nationalization and • Group Discussion
social c ontrol ove r
banking, V arious Learning: Understand the
types o f Banks and banking system an d t he
their functions regulatory f ramework i n
• Development of the country
banking business
and companies;
• Regulations and
restrictions;
• Powers and control
exercised b y t he
Reserve B ank of
India
5. • Promissory Note, Teaching: As given below.
• Bill of Exchange, • Classroom lecture
• Cheque – • Case Analysis
Definition a nd • Discussion of
174
Nature practical
• N.I. A ct, s ections examples
4-7, 13
• Definition of Learning: Understand the
Holder a nd H older different NIs a nd t heir
in Due Course; nature m andates and
• Comparison concept of hol der i n du e
between Indian and course an d t he ef fects
English Law; and a pplicability of t he
• Rights of hol der i n concept in case of NIs
due course;
• Law C ommission
of India,
• Eleventh R eport,
1958 ( N.I. A ct,
section 8 r ead w ith
78; 9, 19 -25, 53,
58, 59 and 118;
• English Bills of
Exchange Act,
1882, sections 2,
29 and 90)
6. • Internet Banking Teaching: As given below.

• Mobile banking • Classroom lecture
• E- Payments • Case Analysis
• Law relating to E- • Discussion of
banking/commerce practical
in India. examples
• Micro Finance: Learning: Understand the
Issues and new c oncepts i n ba nking
challenges and new challenges.
• Green Banking and
Sustainable
development
• Banking
Ombudsman
• Consumer
Protection a nd
banking services

Presentations)
175
IMPORTANT NOTE:
***********
176
Semester II
Course Name: Cyber and Information Technology Law
Course Objective: The cyberspace ha s a bor derless e nvironment a nd t hat r esults i n many
legal challenges. The focus in the course is to understand the legal challenges of cyberspace
which i ncludes j urisdictional i ssues, i ssues r elating e vidence, e -contracts, i ntellectual
property violations in cyberspace (copyright, trademark and domain name, databases), cyber
crimes, freedom of speech and other human rights issues on internet and cyber warfare.
Learning outcomes:
1. A t t he end t he s tudents a re not onl y able t o l earn t he legal ch allenges f aced b y ever
changing technology but able to analyse the legal problems and put forward s uggestions
for further development of cyber jurisprudence.
2. T hey h ave l earned t he pr ovisions of Information T echnology Act, 2000 a nd a lso t he
application of ot her l aws l ike c ontract, pr ocedural l aws, i ntellectual pr operty laws, Indian
Penal Code, human rights law and international law relating cyber warfare.
3. T he s tudents al so l earn t o d o d eeper r esearch i n t he area o f cyber l aw an d i nformation
technology law.
4. T he s tudents a lso l earn t o do de eper r esearch i n t he area o f cyber l aw a nd i nformation
technology law.
Content
UNIT -1 Introduction to Cyber Space and Cyber Law 2 Weeks
Cyber s pace, r egulation, scope; C yber l aw - the Information t echnology l aw and i ts
application; m eaning of c omputer, c omputer ne twork, c omputer s ystem, c ommunication
device, addressee, originator
UNIT -2 Jurisdiction in Cyber Space 8 hours

No geographical boundaries, applicability of traditional rules of jurisdiction on internet, rules
of private international law; passive/interactive web sites; personal jurisdiction on defendant -
Cause of action; plaintiff carries on business; Party autonomy - Hague convention on Choice
of c ourt a greements, 2 005; a djudicating of ficer a nd c yber a ppellate t ribunal unde r t he
Information Technology Act
UNIT -3 Electronic Contracts 12 hours

Types of E lectronic C ontracts; International e fforts to r esolve t he l egal i ssues i n el ectronic
contracts; Indian Position under the Contract and Information Technology law, Formation of
cyber contract & W riting and S ignature R equirement; S tandard F orm Contracts. Legal
177
recognition of electronic record and electronic signatures, digital signature, Secure electronic
record and secure electronic signature, Public key Infrastructure
UNIT 4 - IPR in Cyber Space 12 hours
(i) Copyright in Digital Environment
Subject ma tter ; R ights a nd Infringement in c yberspace; Fair D ealing; ISP lia bility;
Digital R ights M anagement a nd C ircumvention o f T echnological Measures ; W IPO
Copyright Treaties, 1996
(ii) Trademark and Domain Name
Infringement and Passing Off, Reputed marks registered as domain names, Cybersquatting,
Sale o f K eywords b y w eb p ortals i dentical w ith t rade m arks t o advertisers, u se as
metatags,Typosquatting; Dispute Resolution under UDRP and INDRP
(iii) Databases
Copyright P rotection, P rotection unde r IT A ct – liability f or f ailure to p rotect sensitive
data, disclosure of personal information, preservation of information by intermediaries; Right
to be forgotten
UNIT 5 Cyber Crimes 10 hours
Introduction toCyber crimes and cyber forensics ; Kinds of cyber crimes – Fraud and identity
theft, cyber stalking; cyber pornography; Cyber terrorism; cyber defamation, Phishing,
Hacking etc.;Issues relating to Investigation, Jurisdiction, Evidence
Obscenity and Pornography
Internet and Potential of Obscenity, pornography and Article 19(1)(a), child pornography,
Voyeurism
UNIT 6 Freedom of Speech & Human Rights Issues in Internet 5 hours
Freedom of Expression in Internet; Issues of Censorship -Blocking of content- hate speech,
national security, liability of intermediary; Privacy Issues – Information Privacy; interception,
monitoring; Computer emergency response team (CERT)
UNIT 7 VII. Cyber Warfare 5 hours
National Security and Cyberspace – threats to cyber domain; International Cases on Cyber
attacks – Estonia Case, Georgia Case and Stuntext & Iranian Nuclear Programme; Cyber
Terrorism; Cyber attack– war or a conflict or espionage? – application of international
principles of jus ad bellum and jus in bello
References
Statute/Case Laws/Readings
UNIT -1
Statute
178
The I nformation Technology A ct, 2000 - Section 1( 2), D efinitions -Section 2, s ubsections
(b), (ha), (i), (j), (k), (l), (o), (v), (w), (za)
Reference Cases
Syed Asifuddin v. State of Andhra Pradesh, 2006 (1) ALD (Crl.) 96, 2005 CRiLJ 4314;
Diebold Systems Pvt. Ltd. v. Commissioner of commercial taxes, ILR 2005 Kar 2210; (2006)
140 STC 59 Kar; Routermania Technologies v. ITO, Income Tax Appellate Tribunal
Mumbai, decided on 26/4/2007
Readings
1. Richard Kemp, “Legal Aspects of Artificial Intelligence”, (Kemp IT Law, v.2.0, Nov
2016) available at https://www.lexology.com/library/detail.aspx?g=25d955d3-9421-42fd-
a7b1-8a54f0b9b235
2. Nishith D esai, E -commerce i n India – Legal, t ax an d r egulatory analysis av ailable at
ttp://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research%20Papers/E-
Commerce_in_India.pdf
UNIT 2
Statute: The Civil Procedure Code, s.20; The Information Technology Act, s, 43, s.46, s.57,
s.61, s.75, s.81
Cases:
Banyan Tree Holdings (P) Ltd v. A Murali Krishna Reddy, CS (OS) No. 894/2008, Del(DB),
decided on 23/11/2009; World Wrestling Entertainment v. Reshma Collections, FAO (OS)
506/2013 in CM Nos. 17627/2013, 18606/2013, Del(DB) decided on 15/10/2014; Big Tree
Entertainment v. Saturday Sunday Media Internet, CS (COMM) Nos. 53/2015 and 54/2015
(Del) decided on 21/12/2015; Impresario Entertainment & Hospitality Pvt. Ltdv. S & D
Hospitality, I.A. Nos. 1950/2017 in CS(COMM) 111/2017 (Del) decided on 3/01/2018;
Super CassettesIndustries Ltd v. Myspace Inc., IA No.15781/2008 & IA No. 3085/2009 in
CS (OS) 2682/2008(Del) decided on 29/07/2011; P.R. Transport Agency v. Union of India,
AIR 2006 All 23;Shailabh Jain vs The State of Madhya Pradesh, (Madhya Pradesh HC)
M.Cr.C.No.7894/2013 decided on 01/11/2013; State Bank Of India v. Mr. Chander Kalani
And Anr, FAO. No. 547/201(Del) decided on 14 February, 2019 (s.62 IT Act); Driplex
Engineering Ltd v. Mukesh Aggarwal, Adjudicating Officer (Del), decided on 15/10/2010;
Vinod Kaushik v. Madhvika Joshi, WP(C) 160/2012, Delhi High Court, order dt. 27/01/2012
available at https://it.maharashtra.gov.in/Site/Upload/ACT/Madhvika%20Vs%20Kaushik-
highcourt.PDF
Amit Dilip Patwardhan v. Rud India Chains Pvt. Ltd., Adjudicating Officer, decided on
15/04/2013 complaint no. 1 of 2013 available at
https://it.maharashtra.gov.in/Site/Upload/ACT/AmitPatwardhanVsRudIndiaVipinRao%2015
Apr%202013%20Rajesh%20Aggarwal.pdf
Reading:
Justice S. Muralidhar, “Jurisdictional Issues in Cyberspace”, 6 Indian Journal of Law and
Technology 1 (2010) [NSUI- Bangalore] available at Westlaw India
179
UNIT 3
Statute
The Information Technology Act, 2000 - Sections 2 (d), (p), (r), (t), (ta), (tb), (x), (zc), (zd),
(zh), ss.3 to 5, ss.10A to 26, ss. 35-42
Cases
World Wrestling entertainment v. Reshma Collections, F AO ( OS) 506/ 2013 i n C M N os.
17627/2013, 18606/2013, Del(DB) decided on 15/10/2014; P.R. Transport Agency v. Union
of India, AIR 2006 All 23
Readings
1.E-books -available at uncitral.org
Guide to Enactmentof theUNCITRAL Model Law onElectronic Commerce (1996)
Guide to Enactment of the UNCITRAL ModelLaw on Electronic Signatures (2001)
United N ations C onvention on t he U se of E lectronicCommunications i n International
Contracts, 2005- Explanatory Note by the UNCITRAL secretariat
2.Hemali S hah and A ashish S rivastava “Signature P rovisions i n t he Amended Indian
Information Technology Act 2000: Legislative Chaos”, 43 Comm. L. World Rev. 208 2014
available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2748441
3.Videos and Power point presentations on :
i) Digital Signatures, ii) Creating Trust in electronic environment, iii) PKI Technology- Role
of CCA
available at www.cca.gov.in
UNIT 3
Copyright
Statute
The Copyright Act, 1957 - Sections 16, 13, 14, 37, 51, 52(a), (b), (c), 65A, 65B
The Information Technology Act, 2000- s.79, s..81
Case Law
Google book Project Case; On line Plagiarism detection services Case (˘ A.V. v. iParadigms,
502 F.3d 630 (4th Cir. 2009)
180
Myspace Inc. v. Super CassettesIndustries Ltd, FAO(OS) 540/2011, C.M. APPL.20174/2011,

13919 & 17996/2015 (Del DB) decided on 23/12/2016; Star India Pvt. Limited v. Haneeth
Ujwal, I.A. No.13873/2014 (Del) in CS(OS) 2243 of 2014 decided on 26/07/2014, available
at http://lobis.nic.in/ddir/dhc/MAN/judgement/31-07-2014/MAN28072014S22432014.pdf
Readings
Lawrence Lessig, “Code:Version 2-Intellectual property”, 2 Indian Journal of Intellectual
Property 1 (2009) [NALSAR Hyderabad] , available at Westlaw India
Arnab N askar 1& S hubhangi Gupta, “ Digital R ights Management: a P andora's Box Trying
To W ipe O ff T he R ights O f C onsumers”, 5 I ndian J ournal of Intellectual P roperty Law 45
(2012) [NALSAR- Hyderabad] availble at Westlaw India
Trade Marks
Cases
Satyam Infoway Ltd v Sify net solutions Pvt. Ltd., A IR 2004 S C 354 0, Super Cassettes
Industries Ltd..v. Mr. Wang Zhi Zhu Ce Yong Hu, MANU/DE/2000/2008] Aqua Minerals v.
Pramod Barse, 2001 PTC 619 (Del); Yahoo Inc. v. Manoj Taslani, 2015( 61) P TC 263
(Del)];
Consim India Pvt. Ltd v. Google Inc. Pvt. Ltd., (Mad) OA N o. 977 a nd 978 of 2009 i n
CS(OS) M o. 832 of 200 9 de cided on 30/ 09/2010 and M ad(DB) O SA N o. 406 a nd 407 of
2008 de cided on 10/ 09/2012. S upreme C ourt or der da ted 19/ 10/2012 S LP ( C) N os. 32134 -
32135 of 2012; Amway India Enterprises Pvt. Ltd. v.1Mg Technologies Pvt. Ltd., I.A.
11335/2018 i n C S(OS) 410/ 2018 ( Del) de cided on 08/07/2019 a vailable a t
https://indiankanoon.org/doc/145401736/
Databases
Statute
The I nformation Technology A ct, 2000, s s.43 A , 72A , 67C ., t he Information T echnology
(Reasonable S ecurity P ractices an d P rocedures a nd S ensitive Personal D ata o r Information)
Rules, 2011 - Rule 2(b), (h), (i); Rule 3
Cases
Sanjay Dhande v. ICICI Bank and Vodafone complaint no. 30 of 26th Sep.2013 available at:
https://it.maharashtra.gov.in/Site/Upload/ACT/DIT_Adjudication_SanjayDhande_vs_ICICI&
Ors-16012014.pdf (s. 43 A); Chander Kalani v. SBI Bank, complaint no. 1 of 2014 d ecided
on 12/ 01/2015 a vailable a t
https://it.maharashtra.gov.in/Site/Upload/ACT/DIT_Adjudication_Chander%20Kalani_Vs_S
BI_Ors-12012015.PDF; State Bank of India v. C hander Kalani, C yber Appeal No. 13/2015
and M AN o. 282/2017 ( TDSAT) de cided on 3 1st July 2018
http://tdsat.gov.in/Delhi/services/judgment.php (s. 4 3 A ); State of Maharashtra v. Vishal
Hiraman Bhodade,R.C.C. N o. 2095/ 2013, C ourt of J udicial M egistrate Ist C lass, P une
decided on 31/07/2015 available at www.prashantmali.com (s.67C)
181
Readings
David J. Kessler, Sue Ross and Elonnai Hickok, “A Comparative Analysis of Indian Privacy
Law and the Asia P acific E conomic C ooperation C ross-Border P rivacy Rules”, 26 (1)
National Law School of India Review(NLSIRev.) 31 (2014) [NLSIU Bangalore] available at
Westlaw India
Deepu J acob T homas&Prasan D har, “ Of S quare P egs a nd R ound H oles: T owards a ne w
paradigm of D atabase P rotection”, 4 Indian J ournal of Law a nd T echnology 35 ( 2008)
[NLSIU Bangalore] available at Westlaw India
Report of the Group of Experts on Privacy (Chaired by Justice A P Shah, Former Chief
Justice, Delhi High Court) available at
http://planningcommission.nic.in/reports/genrep/rep_privacy.pdf
UNIT 5
Cyber Crimes
Statute
The Information Technology Act, - ss. 43, 66, 66A, 66 B, 66C, 66D, 66F, 67, 67A; s. 78,
s.75; Indian penal Code s. 354 D, the POCSO Act,- ss.11-15, the Code of Criminal
Procedure, 1973 - ss. 177-179 , 186,188 and 189; the Evidence Act, 1872 -ss. 65A and 65 B
Reference Cases
SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra,, suit no. 1201/2001 , New Suit No.
65/14decided on 12/02/2014 Delhi District Court; State of Tamil Nadu v. Suhas
Katti,Decided by CMM, Egmore, decided on Nov. 5, 2004available at
http://www.prashantmali.com/cyber-law-
cases;http://www.legalserviceindia.com/lawforum/index.php?topic=2238.0; Shreya Singhal v
U.O.I, SC decided on 24/03/2015, available at http://indiankanoon.org/doc/110813550/;
Rakeshv.Central Bureau, Delhi District Court, decided on 5 February, 2011, available at:
http://indiankanoon.org/doc/90364172/; State of A.P. through Inspector of Police, Cyber
Crimes P.S., CID, Hyderabad v. Prabhakar Sampath, Add. CMM Hyderabad, decided on
31/03/2015, CC 489 0f 2010 avaiable at: www.prashantmali.com/cyber-law-cases;
NAASCOM v. Ajay Sood, 119 (2005) DLT 5960,2005 (30) PTC 437 Del; State of
Maharashtra v. Opara Chilezian, Regular Criminal Case No. 724/2012 decided on
28/10/2013 (Nigerian Email Scam Case) available at www.prashantmali.com;
Aveek Sarkar v. State of West Bengal (SC) Criminal Appeal no. 902 of 2004 decided on
3/2/2014; Maqbool Fida Husain v. Raj Kumar Pandey, Delhi HC decided on 8/5/2008, CRL.
REVISION PETITION NO.114/2007, available at http://indiankanoon.org/doc/1191397/;
Anvar P.V v. P.K.Basheer, Supreme Court, decided on 18 September, 2014, Civil Appeal
No.. 4226 of 2012, available at http://indiankanoon.org/doc/187283766/
Readings
Swati M ehta, “ Cyber F orensics a nd a dmissibility o f D igital E vidence”, 2 012 P ractical
Lawyer January S-23, available at:
http://www.supremecourtcases.com/index2.php?option=com_content&itemid=135&do_pdf=
1&id=22821
182
Sherry L. Xie, “Building Foundations for Digital Records Forensics: A Comparative Study of
the C oncept of R eproduction i n Digital R ecords M anagement and Digital Forensics”, 74(2)
The American Archivist 576 -599 ( Fall/Winter 2011) available at :
http://www.jstor.org/stable/23079051
Obscenity and Pornography

Statute
The Information Technology Act -Sections 66E, 67, 67A, 67B, Indian Penal Code- S. 292,
S. 354C
Reference Cases:
Kamlesh Vaswani v Union of India and others,Supreme Court of India. Order dated 26
February 2016, I.A. No.5 of 2015 in WP (C) No.177 of 2013, 2016 INDLAW SCO 12;
The State (Cyber Cell)v.Yogisha @ Yogesh Pandurang Prabhu,
ACMM, 37TH COURT, ESPLANADE, MUMBAI C.C. NO. 3700686/PS/2009 decided on
3/07/2015 available at:
http://www.cyberlawconsulting.com/Yogesh%20Prabhu%20Vs%20State-
%20Cyber%20Stalking.pdf;
State v. Jayanta Kumar Das, GR Case No. 739 of 2012, TR No. 21/2013, Sub divisional
Judicial Megistrate, Puri (Orissa) decided on 04/08/2017 available
athttp://services.ecourts.gov.in/ecourtindia_v5/cases/display_pdf.php?filename=/orders/2163
00014342017_1.pdf&caseno=G.r.case/1434/2017&cCode=12&appFlag=web
Maqbool Fida Husain v. Raj Kumar Pandey, Delhi decided on 8/5/2008 (Supra); Avinash
Bajaj v.State Delhi HC decided on 29/05/2008, available at
http://indiankanoon.org/doc/309722/; Vaibhav Jain v. Vice Chancellor Devi ahilya
Vishwavidyalaya, MP (HC)decided on 3rd Jan 2002 , available at
http://indiankanoon.org/doc/521882/
Readings
Geetha H ariharan, “ Our U nchained S exual S elves: a C ase F or T he Liberty T o E njoy
Pornography Privately”, 7(2) NUJS L Rev. 89 (2014), available at Westlaw India
Chinmayi Arun, “Gatekeeper Liability and Article 19(1)(a) of The Constitution Of India”,
7(2) NUJS L. Rev. 73 (2014), available at Westlaw India
Yaman Akdeniz, “Governing Pornography & Child Pornography on the internet- the UK
Approach”, available at http://www.cyber-rights.org/documents/us_article.pdf
UNIT 6
Statute
The Information Technology Act, 2000 - ss 69, 69A, 70B, s.79
Case:
183
Shreya Singhal v U.O.I, SC decided on 24/03/2015 (Supra)

Justice K S Puttaswamy (Retd.) v. Union of India, WRIT PETITION (CIVIL) NO 494 OF
2012 (SC) delivered on 24/08/2017
Readings
Kamlesh K Bajaj, “Apple v. National Security”, Indian Express (7th March, 2016ˆ)
Kamlesh K Bajaj, “Papa don’t preach”, Hindu Business Line (27th Sep. 2013)
Kamlesh K Bajaj, “ Right to privacy in digital age”, The Hindu (12 Jan. 2014)
UNIT 7
Statute
S. 66F, the Information Technology Act, 2000; s.1, the U.K. Terrorism Act, 2000
Readings
Derek S. Reverson, “ An Introduction to National Security and Cyberspace” in Dereck S.
Reverson (ed.), Cyberspace and National Security; Threats, oppurtunities and power in a
virtual world pp.4 -19 (2013)
Johann ChristophWoltag, Cyber warfare; Military Cross Border Computer Network
Operations under International Law, Chapter 1(Case Studies-Estonia, Georgia etc.) pp.38-51
(2014)
Stuart Macdonald, “Cyber terrorism and Enemy Criminal Law” in Jens David Ohlin et.
al.(eds.), Cyberwar; Law and ethics for virtual conflicts pp. 57-75 (2015)
Clair Finkelstein and Kevin Govern, “Introduction; Cyber and Changing face of War” in Jens
David Ohlin et. al.(eds.), Cyberwar pp ix-xvi (2015)
Kamlesh K. Bajaj, Virtual Force; Cyberspace entails critical protection just like land, air, sea
and space 9(2) FORCE (National Security and Defence News Magazine) pp. 77-80 [October
2011]
Christopher S. Yoo, “Cyber Espionage or Cyberwar; International Law, Domestic Law, and
Self Protective Measures” in Jens David Ohlin et. al.(eds.), Cyberwar; Law and ethics for
virtual conflicts 175-194.
Books on Cyber Laws
• Kamath N andan,Law Relating to Computers Internet & E-commerce - A Guide to
Cyberlaws & The Information Technology Act, Rules, Regulations and Notifications
along with Latest Case Laws 2012
• Kamlesh K B ajaj, D ebjani N ag, E-commerce: the cutting edge of business, 2 nd Ed.
2005
• Vakul Sharma, Information Technology Law & Practice, 5th ed.2016
• Karnika Seth,Computers Internet and New Technology Laws 2013
• Apar GuptaCommentary on Information Technology Act 2011
184
• Alwyn Didar Singh, E-Commerce In India: Assessments And Strategies For The
Developing World 2008
• Chris Reed, Internet Law Text and Materials 2010
• Aparna Viswanathan, Cyber Law (Indian & International Perspectives on key topics
including Data Security, E-commerce, Cloud Computing and Cyber Crimes) 2012
• Ashwani K. Bansal, Law of Trade Marks in India 2014
• Lawrence Lessig, Code and Other Laws of Cyberspace 1999, Code version 2.0, Basic
Books Publication (2006)
• Ferrera et al, Cyber Law Text and Cases 3rd Ed. (2012)
• Prashant Mali, Cyber Law and Cyber Crimes, Snow white Publications 2nd Ed.(2015)
• Debrati Halder & H Jaishanker, Cyber Crimes Against Women, Sage Publications 1st
Ed.(2017)
• Internet Law a nd P ractice b y International C ontributors, W est T homson R euters,
South Asian Edition (2013)
• Derek S . R everson (ed.), Cyberspace and National Security;Threats, Oppurtunities,
and Power in the Virtual World, S atyam Law I nternational, F irst I ndian Reprint
(2013)
WEEKLY TEACHING PLAN

WEEK TOPIC
1st Unit I: INTRODUCTION
2nd Contd… Unit I: INTRODUCTION
3rd UNIT 2 JURISDICTION IN CYBERSPACE
4th Contd. UNIT 2 JURISDICTION IN CYBERSPACE
5th Contd. UNIT 3 ELECTRONIC CONTRACTS
8th UNIT 4 IPR IN CYBERSPACE
9th Contd. UNIT 4 IPR IN CYBERSPACE
10th Contd. UNIT 4 IPR IN CYBERSPACE
11th Contd. UNIT 5 CYBER CRIMES
12th Contd..UNIT 5 - CYBER CRIMES
13th Contd UNIT 5 - CYBER CRIMES

week
UNIT 6. FREEDOM OF SPEECH & HUMAN RIGHTS ISSUES IN
INTERNET
185
14th Contd..UNIT 6. FREEDOM OF SPEECH & HUMAN RIGHTS ISSUES

week IN INTERNET
UNIT 7 – CYBER WARFARE
15th
week
Contd..UNIT 7 – CYBER WARFARE
Unit Course Learning Outcome Teaching and Assessment

No. Learning Tasks
Activity
1. 1. Key technologies which comprises “cyber space”

and legal challenges in cyberspace
2. Significance of Information Technology Act, 2000

and definition of key terms
Classroom
3. Requirement of regulation of “cyber space” teaching/
/Paper
Presentations
/workshops/ As given
2. 1. the concept of civil jurisdiction of courts in Seminar/
below.
cyberspace
2. the process of adjudication under the Information

Technology Act, 2000
3. 1. he law applicable for formation of electronic

contracts
2. R ecognise t he r elevance o f el ectronic r ecords an d

electronic signature
3. the infrastructure required to facilitate E-commerce

and E- governance
186
4. t he international e fforts to r esolve le gal is sues o f

formation , writing and signature requirement
4. 1. t he r elevancy/ i mportance of pr otecting digital

information vis a vis stakeholders
2. the extent of protection IP rights ie copyright, trade

marks and dom ain na mes i n di gital environment a nd
the liabilities of intermediaries
2. t he l egal pr ovisions of da ta pr otection a nd

establishment of e nforcement m echanism unde r t he
copyright and Information technology Act.
5. 1. Changing dynamics of crimes due to digital

technology.
2. cyber crimes under the Information Technology

Act, POCSO Act and IPC
3. Interface between terrestrial Laws (IPC, Evidence,

CrPC) and crimes under the Information Technology
Act.
4. the concept of admissibility of electronic evidence,

criminal jurisdiction of courts in cyberspace
6. 1. Protection of Freedom of speech and Privacy in

cyberspace
2. legal provisions on interception and blocking and

their interface with Fundamental rights.
187
7. 1. Altering national security issues due to the

emergence of cyber space.
2 concept and cases of Cyber attacks under

international law

Presentations)
IMPORTANT NOTE:
2. S tudents a re r equired t o study/refer to th e le gislations a s a mended f rom time to
***********
188
Semester II
Course Name: Corporate and White Collar Crimes
Course Objectives:
This C ourse m asters t he s tudents t o f ace a nd t ackle a ne w ki nd of c riminality w hich w as
earlier not considered as criminality at all and to explain them the reasons for the same. The
students shall learn how dangerous the impact of this criminality viz., Corporate and White-
Collar of fences on t he e conomy o f a ny c ountry including India and t hat t he i mpact i s f ar
graver t han any t raditional c riminality w hatsoever. F urther, i t ha s be en s o de signed a s t o
enable t he s tudents t o u nderstand t he s pecial pr inciples of th is c riminality, to id entify th e
ingredients of of fences, to know a bout s pecial mechanisms f or i nvestigation a nd t rial, a nd
special puni shment pol icy, as well as t o s ensitize t he s tudents about need of s tudying t hese
offences and its impact on common people of the country. The course will enable students to
critically an alyse t he p rovisions o f v arious Special S tatutes r elated t o t hese o ffences an d t o
scrutinize the recent developments and changes that have taken place in this field. Students
shall a lso learn how t o us e t his e xpertise i n teaching t he s tudents, f iling and c ontesting t he
cases before the Courts of Law and judging them.
After successful completion of this Course, students should be able to:

1. Learn a new kind of criminality, its nature and its basic concepts that are required for
its be tter unde rstanding and a bout t he di fference be tween t his c riminality and ot her
kinds of criminalities.
2. Know about the history and the evolution of the Corporate and White-Collar crimes
with th e h elp o f d ifferent a pproaches ta ken b y e minent c riminologists/jurists in th is
regard for the better understanding of the need, purpose and urgency of enacting these
laws.
3. Have k nowledge o f em ergent ar eas o f t his cr iminality w ith s pecial r eference t o
Corporate crimes, Corruption, Money Laundering, fugitive offenders and food safety
related offences.
4. Acquire e xpertise on t he r elevant l egal m echanism w hich i s di fferent ki nd of
investigation and trial of these cases and enforcement procedure specially required for
combating such type of crimes.
5. Acquire the analytical skill in analysing provisions of various Special Statutes in this
area of l aw and can us e t heir know ledge a nd skills on t he s ubject t o build a j ust
human society in various capacities.
Contents:
Unit I:
(a) Evolution of the concept of Economic Crimes.
(b) Emergence of Economic Crimes in India.
Unit II:
(a)White C ollar C rime: Definitional is sues, S utherland’s d efinition o f white-collar cr ime,
Various t ypes of w hite-collar c rime, R elationship with ot her t ypes of c rimes, B lue c ollar
crime, Corporate crime, Organised transnational crime, Occupational crime.
(b) Explanation of white-collar criminality:
189
Social le arning T heory: ( a) S utherland’s D ifferential A ssociation th eory; (b) Differential

reinforcement theory; (c) Neutralization theory.
(c) Rationalization of White-Collar offences.
Unit III:
(a) Development of the Corporate crime, Impact of industrial revolution and advancement of
technological and scientific developments on corporate crime.
(b) Nature, extent and consequences of corporate corruption.
(c) Prominent patterns and incidences, Corporate Tax evasion.
Unit IV:
(a)Theories o f C orporate C riminal Liability: T heory o f V icarious lia bility, Identification
theory, Aggregation theory.
(b) Analysis of corporate criminal liability in India, USA and U.K.
Unit V:
Special enforcement procedure:
(a) Issues in detection, investigation, prosecution and trial.
(b) Sentencing policy and practices with respect to economic offences.
(c) Difficulty in the enforcement of laws.
Unit VI:
Study of selected legislations in India:
(a) Provisions in The Companies Act 2013 to prevent Corporate frauds.
(b) The Prevention of Corruption Act, 1988
(c) Prevention of Money Laundering Act 2002
(d) Food Safety and Standards Act, 2006 and Food Safety and Standard Rules,2011
(e) The Fugitive Economic Offenders Act, 2018
Suggested Readings:
1. Payne, Brian, 2012, White-Collar Crimes, Sage Publications.
2. Mishra. G irish, 1 998, White-Collar Crimes, Gyan P ublishing H ouse, N ew
Delhi.
3. Coleman, J ames W ., 1985, C riminal E lite: T he S ociology of
White-Collar Crimes, St. Martin's Press Inc. New York.
4. Croall. Hazell, 2 001, Understanding W hite Collar C rime, M cGraw-Hill
Education, Buckingham.
5. Minker, John, 20 08, C orporate a nd White-Collar C rime, S age
Publications, London.
6. Gerber, J urg, 2007, E ncyclopaedia of W hite C ollar C rime, G reenwood
Press, U.S.A.
7. Sutherland, E dwin, 19 85, White-Collar C rime: T he U ncut V ersion, Y ale
University Press.
8. Strader, J. Kelly, 2012, Understanding White-Collar Crime, Lexis Nexis.
9. Simpson, Sally S., 2010, The criminology of White-Collar Crime, Springer.
10. Bologna, Jac, 1984, Corporate Fraud, Buttersworth Publishers.
11. Clinard, M arshall B . a nd P eter C . Y eager, 1980, C orporate C rime, T he
Free Press, New York. .
12. Croall, Hazel, 2009, Corporate Crime, Sage Publications.
13. Mahajan, Manish, 20 11, S ocio-Economic O ffences L aws, G lobal
India Publications Pvt. Ltd., Delhi.
190
14. Mallory, Stephen, 2012, Understanding Organized crime, Jones and Bartlett
Learning, U.S.A.
15. Padhy, Prafullah, 2006, Organised Crime, Isha Books, Delhi.
16. Singh, Joginder, 1999, Inside CBI, Chandrika Publications, Delhi.
17. Mahesh Chandra, Socio- Economic Offences (1979).
18. J.S.P. Singh, Socio- Economic Offences (1st Ed., 2005, Reprint 2015).
19. Ahmed Siddiqui, Criminology: Problems and Perspectives (4th Ed., 1997).
20. Seth a nd C apoor, Prevention of Corruption Act with a treatise on Anti-
Corruption Laws (3rd Ed., 2000).
21. Dr. J . N . B arowalia, C ommentary on the Narcotics Drugs and Psychotropic
Substances Act, 1985, 2nd Edition, 2004.
22. Bhure L al, Money-Laundering: An Insight into the Dark World of Financial
Frauds (2003).
23. Pillai & Julian, Ed. Prevention of Money Laundering Legal and Financial Issues
(2008.)
24. M. C. Mehanathan, Law on Prevention of Money Laundering in India (2014).
25. Arun Kumar, The Black Economy in India (2014.)
26. Upendra Baxi, Liberty and Corruption Antulay Case and Beyond (1989).
1. Sutherland, Introduction a nd O verview of W hite-Collar C rime: A
SystemsPerspective ( 2012), available at
http://www.sagepub.com/upm-data/43841_1.pdf.
2. Sutherland, W hite-Collar C riminality ( 1940) a vailable a t
http://www.sjsu.edu/faculty/hart/PDF%2Oupload/White-
Collar%20Criminality.pdf.
3. Stuart P. Green, The Concept of White Collar Crime in Law and Legal
Theory, 8 B uff. Crim. L . Rev. 1, 1 (2004) a vailable a t
4. Victims o f W hite-Collar a nd C orporate C rime, H azel
Croall (2009) a vailable a t
http://www.ulc.sagepub.com/stout/croall_white_collar%20
-%2Ovics_crim_soc.pdf.
5. Sally S. Simpson, The Criminological Enterprise and Corporate Crime,
Criminologist, July-Aug. 2003, at 1,3-5.
6. Sally S . S impson e t a l., M easuring Corporate C rime, in Understanding
Corporate Criminality 115, 133-34 (Michael B. Blankenship ed., 1993).
7. Sutherland, White Collar Crime, Holt &Rinechart M.Y. (1961).
8. Donald R . C oessey& A. W ard, Delinquency, C rime a nd S ocial
process, Harper & Row, N. Y. (1969).
9. Geis, G ilbert e t a l. White C ollar C rime O ffences in B usiness, P olitics a nd
Professions (1977).
10. Siddique, A hmed ' Criminology: P roblems & P erspectives', E astern B ook c o.
3rd Ed (1993), Chapters I, III, XI, XII, XIII
11. Braithwaite, J ohn 1982 "Enforced f or s elf-regulation: A N ew s trategy f or c orporate
crime control." Michigan Law Review 80 (June): 1466-1507
12. Braithwaite, John and Gilbert Geis 1982 "On action for corporate crime control."
Crime and Delinquency 28 (January): 292-314.
13. Clinard, M arshall B. and P eter C . Y eager 1980 c orporate crime. N ew York: T he
Free Press.
Reports:
191
1. White Paper on Black Money (2012), Ministry of Finance, Department of Revenue,

Central Board of Direct Taxes, available at
2. http://finmin.nic.in/reports/WhitePaper_BackMoney2012.pdf.
3. Report o f t he N ational I nstitute o f Public F inance a t ' Aspects of th e B lack
Economy in India' (1985).
4. The K PMG's India F raud S urvey R eport 2012 a vailable a t
http://www.businessworld.in/c/document_library/get_file?uuid=3f13daf0-c87d-
4050-af99-ef18ff5925c8&groupId=520986.
5. The K PMG's I ndia A nti-Money Laundering S urvey 2012 a vailable a t
http://i,v-
ww.kpmg.com/IN/en/IssuesAndInsights/ArticlesPublications/Documents/AML_Surv
ey_ 2012.pdf
6. Report of t he C omptroller and A uditor G eneral of India, A darsh C o-operative
Housing S ociety, Mumbai a vailable a t
http://saiindia.gov.in/english/home/Our_Products/Audit_Report/Government_Wise/
state_audit/recent_reports/Maharashtra/2010/Adarsh_Main.pdf. [ Pravin P .
Wategaonkar v. CBI (Cr.PIL/ 20/ 2011), Born H.C.]
7. Audit of Fraud and Fraud Detection Techniques and Forensic Audit, Report available
at
http://www.icisa.cag.gov.in/resources%5CPublications%200f%20Regional%20Traini
ng%20Institute,Nagpur%20on%20Fraud%20Auditing%5CEconomic%20Crime.pd
f.
8. Report of Crime in India 2017 on "Economic crimes".
9. Report o f t he Law C ommission of India (29th a nd 47t h)
available at http://lawcommissionofindia.nic.in/1-
50/index1-50.htm.
10. Santhanam C ommittee r eport on P revention of C orruption i n C entral
Government (1964).
11. Wanchoo Committee report on tax evasion (1971).
12. The F ood Safety a nd S tandards Regulations, 2011; F ood S afety a nd S tandards-
Rules, 2011 available athttp://www.fssai.gov.in/.
13. Relevant Provisions of Universal Declaration on Human Rights, 1948.
14. UN Convention against Corruption, 2003.
15. UN Political Declaration & Action Plan against Money Laundering 1998.
Case Law:
1. A. B. Bhaskara Rao v. CBI, (2011) 10 SCC 259.
2. Arun Kumar Aggarwal v. State of Madhya Pradesh, C r. Appeal Nos. 1706-1708
of 2011 (Arising out of S.L.P. (Crl.) Nos. 364-366 of 2010.
3. B. Noha v. State of Kerala, (2006) 12 SCC 277.
4. B. S. Goraya v. U.T. of Chandigarh, (2007) 6 SCC 397.
5. P.V. Narsimha Rao v. State, (1998) 4 SCC 626.
6. The Assistant Commissioner, Banglore v. Velliappa Textiles Ltd. and others,
(2004) 1 Comp LJ 21(SC).
7. Standard Chartered Bank Case and others etc v. Directorate of Enforcement
and others, (2005) 4 Comp LJ 464(SC).
8. Iridium India Telecom Ltd v. Motorola Incorporated and others, ( 2011) 8
Comp LJ(SC).
9. Kalicharan Mahapatra v. State of Orissa, AIR 1998 SC 2595.
10. Kanwarjit Singh Kakkar v. State of Punjab, (2011) 6 S.C.R. 895.
192
11.Abhay Singh Chautala v. C.B.I, (2011) 7 SCC 141.

12.Ram Jethmalani v. Union of India, (2011) 9 SCC 761.
13.Binod Kumar v. State of Jharkhand & Ors, (2011) 11 SCC 463.
14.B. Ramaraju v. Union of India, W.P. No. 10765 of High Court of A.P. 2011
(164) Company Case.
Teaching Plan:
Week 1 (4 Lectures): Unit I

Week 2 – Week 3 (8 Lectures): Unit II
Week 4 – Week 5 (8 Lectures): Unit III
Week 6 – Week 7 (8 Lectures): Unit IV
Week 8 (4 Lectures): Unit V
Week 9 – Week 12 (16 Lectures): Unit VI
Week 13 – Week 15 (12 Lectures): Presentations in the Class
Unit Course Learning Outcomes Teaching an d Assessment Tasks

1. Acquire knowledge about a Primarily As given below.
new kind of criminality, its classroom
history a nd e volution, its Lectures an d
nature a nd ba sic concepts discussion a bout
and i ts em ergence i n India the t heoretical p art
and a lso a bout t he ne ed, of the topic.
purpose and ur gency of
enacting these laws.
2. Acquire know ledge a bout Primarily As given below.
the w hite-collar c rimes, its classroom
definitional i ssues, Lectures an d
Sutherland’s de finition, discussion a bout
various t ypes, r elationship the t heoretical p art
with ot her t ypes of of the topic.
crimes,its d ifference f rom
other kinds of criminalities,
explanation of w hite-collar
criminality a s p er v arious
social l earning t heories,
and rationalization of
White-Collar offences.
the development o f t he Classroom
Corporate crime, impact of Lectures an d
industrial r evolution a nd discussion,
advancement of discussing r elevant
technological and scientific Legal S tatutes an d
developments on c orporate Landmark C ases
crime, n ature, extent an d emphasising on
193
consequences of c orporate latest

corruption, pr ominent developments i n
patterns an d incidences, this field of law.
corporate t ax e vasion. Participatory
Further, acquire the skill to Methods.
apply the provisions of this Discussion on
law in legal problems. current
developments, on
relevant n ews
items f rom me dia,
on Law R eports
and on S tatistics
from ot her
Reports.
the va rious t heories of Classroom
Corporate C riminal Lectures an d
Liability and its analysis in discussion,
India, USA and U.K. discussing r elevant
Legal S tatutes an d
Landmark C ases
emphasising on
latest
developments i n
this f ield o f la w a t
international level.
Participatory
Methods.
Discussion on
current
developments, on
relevant n ews
items f rom me dia,
on Law R eports
and on S tatistics
from ot her
Reports.
the special en forcement Classroom
procedure f or w hite-collar Lectures an d
offences i ncluding i ssues discussion,
in de tection, i nvestigation, discussing r elevant
prosecution and trial. Legal S tatutes an d
Further, acq uire t he Landmark C ases
knowledge of s entencing emphasising on
policy a nd p ractices f or latest
economic of fences a nd developments i n
difficulty i nt he this field of law.
enforcement of these laws. Participatory
Methods.
194
Discussion on
current
developments, on
relevant n ews
items f rom me dia,
on Law R eports
and on S tatistics
from ot her
Reports.
6. Acquire know ledge about Primarily As given below.
the selected le gislations in Classroom
India viz., provisions in the Lectures an d
Companies A ct 2013 t o discussion,
prevent c orporate frauds, discussing r elevant
the P revention of Legal S tatutes an d
Corruption A ct, 1988, t he Landmark C ases
Prevention of M oney emphasising on
Laundering A ct 2002, t he latest
Food S afety and S tandards developments i n
Act, 2006 a nd Food Safety this field of law.
and S tandard R ules,2011 Participatory
and the Fugitive Economic Methods.
Offenders A ct, 2018, t heir Discussion on
legal me chanism in cluding current
investigation, tr ial a nd developments, on
enforcement pr ocedure. relevant n ews
Further, acquire the skill to items f rom me dia,
apply t he pr ovisions of on Law R eports
these l aws i n l egal and on S tatistics
problems. from ot her
Reports.

Presentations)
IMPORTANT NOTE:
1. The t opics, c ases a nd s uggested r eadings given a bove a re not exhaustive. T he
***********
195
Semester II
Course Name:Law of Torts and Disaster Management
Course Objectives:
1. To familiarize students with specific torts and the principles of liability underlining
them.
2. To explore in detail and critically analyze the specific torts so that they can apply their
knowledge and critical legal thinking to explore and develop their own perspectives
and
interpretations and support them with logical arguments.
3. To discuss the developments in English and Indian Law with respect to specific torts
and the
expanding horizons of liability of the State.
4. Giving an overview of Disaster Management Act, 2005 so as to make the student
aware of the
Disaster Management law, policy and practices in India.
Learning Outcomes
1. Have knowledge and understanding of specific torts and be able to apply the Law
of Torts in the Indian and International context.
2. Know the problems and issues concerning specific torts and be able to do critical
appraisal of their logical progression
3. Be aware of the developments in the Indian Law and English law with respect to
specific torts and apply their knowledge to solve factual situations under tort law
and support them with cogent arguments
4. Know about the Disaster Management Law and its application in India and the
way forward.
CONTENTS:
TOPIC – I
NEGLIGENCE
(i) Theories of Negligence

(ii) Essentials a nd C onstituents —Concept of dut y, notional dut y, dut y i n f act, s tandard of
care, guidelines, concept of reasonable person,duty of care for economic loss.
(iii) Negligence by public authority
(iv) Professional Negligence, The Consumer Protection Act 1986
(v) Proof of Negligence, - Res Ipsa Loquitor.
(vi) Contributory Negligence — The Law Reform (Contributory Negligence) Act 1945
(vii) Remoteness of Damages
- test of causation
- test of reasonable foreseeability
Readings
1. Ashish C hugh, “ Recent D evelopments i n t he L aw R elating t o N egligence” ( 2002) 7
SCC(J)25
196
2. Markandey Katju. “Medical Negligence”, JT (2007) 12 SC (J) I

3. Winfield, “The History of Negligence in the Law of Torts” (1925) L.Q.R. 184.
4. Dias, “The Duty Problem in Negligence” (1965) C.L.J. 198;
5. Ernest J. Weinrib, “A Step Forward in Factual Causation” (1975)38 MLR 518.
6. Jyoti D ogra S ood, “ Responsibility of D octors f or R ash/Negligent A ct.” 46 JILl 588
(2004)
7. S.Bailey, “Public Authority Liability in Negligence : The continued search for coherence”
(2006) 26LS 155
8. The students have to study all cases prescribed by the Faculty from time to time.
Books
1. W.V.H. Rogers. Winfield &Jolowicz on Tort(16th ed. 2002)
2. R.F.V. H euston a nd R .A. B uckley, Salmond & Heuston on the Law of Tort (2lst
ed. 2000)
3. Nicholas J. Mc Bride and Roderick Bagshaw, Tort Law (l Indian Reprint, 2003).
4. John Murphy, Street on Torts (11th ed. 2006)
5. Tony Weir, A Casebook on Tort (9th ed., 2001)
6. R.Kidner, casebook on torts
7. John G. Fleming. An Introduction to the Law of Tort (1967)
8. Clerk and Lindsell on Torts (17th ed. 1995)
9. G.P. Singh, Ratan Lal and Dhiraj Lal’s The Law of Torts (25th ed. 2010)
10 Lakshminath and M. Sridhar, Ramasami lyer’s The Law of Torts (9th ed. 2003)
10. Annual Survey of Indian Law, Indian Law Institute
List of Cases
1.Blyth v Birmingham Waterworks Co.(1856)1ExCh781
2.Donoghue v Stevenson (1932)AllERRep1
3 X (minors)v Bedford Shire County Council (1995)3 AllER353(HL)
4 (Hay or) Bourhill v. Young (1942) 2 All ER 396 (HL)
5 Caparo Industries (P)Ltd.Co. v Dickman(1990)1AllER568
6 Home Office v Dorset Yatch Co.Ltd(1970)2AllER294
7Anns v merton London Borough(1977)2AllER294
8Hill v Chief Constable of West Yorkshire Police(1988)2AllER238
9 Van Colle v Chief Constable of Herfordshire(2008)UKHL50
10 Jain v Trent Strategic HA (2009)UKHL4
11 Hedley Byrne v Heller (1964)AC 465
12 Rajkot Municipal Corporation v Manjulben Nakum (1997)9SCC552
13 Cholan Roadways Ltd. G. Thirugnanasambandam(2005)3SCC241
14 Murphy v Brentwood DC (1990)2AllER908
15Barrett v Enfield London Borough Council (1999)3 AllER193
16 Municipal Corporation of Delhi v. Subhagwanti, AIR 1966 SC 1750
17 Bolam v Friern Hospital Management Committee(1957)2AllER118
18 Whitehouse v Jordon (1981)AllER267(HL)
19 Bolitho v City and Hackney Health Authority (1998)JAC232
20 Pinnamaneni Narasimha Rao v. Gundavarapu Jayaprakasu,
AIR 1990 AP 207
21 India Medical Association v V.P. Shantha, AIR 1996 SC 550
22 M/S Spring Meadows Hospital v Harjot Ahluwalia AIR1998SC1801
197
23 Dr.Suresh Gupta v Govt. N.C.T. of Delhi (2004)6SCALE432

24 Jacob Mathew v. State of Punjab (2005) 6 SCC
25 State of Punjab v Shiv ram (2005) 7SCC1
26 Kusum Sharma v Batra Hospital (2010) 3SCC 480
27 Malay Kumar Ganguly v. Sukumar Mukherjee & Ors AIR 2010 SC 1162
28 Martin F. Douza v Mohd.Isfaq AIR 2009 SC2004
29 V. Kishan Rao v. Nikhil Super Speciality Hospital,[2010]5 (S.C.C).513
30 ‘Canterbury vs. Spence – 1972 [464] Federal Reporter 2d. 772’
31Sidaway v. Bethlem Royal Hospital Governors & Ors, [1985] 1 All ER 643
32 Samira Kohli vs. Prabha Manchanda [(2008) 2 Supreme Court Cases 1]
33 Butterfield v Forrestor (1809)11East 60
34 Davies v Mann (1842) 10M&W546
35 In Re An Arbitration between Polemis and Furness, Withy & Co.
(1921) All ER Rep. 40
36 Overseas Tankship [UK] Ltd. v. Morts Dock & Engineering Co.
[The Wagon Mound] (1961) 1 All ER 404
37 Smith v. Leech Brain & Co. (1961) 3 All ER 1159
38 Hughes v. Lord Advocate (1963) AC 837
39 Jolly v Salton London Borough Council (2000)3AllER409
40 Corr v IBC Vehicles (2008)2WLR499
TOPIC - II
NERVOUS SHOCK
Nervous Shock
i. by intentional wrongs
ii. fear of injury to self
iii. fear of injury to another person
Prescribed Reading:
1. H. Teff, “ Liability for Psychiatric Illness After Hillsborough”, (1992) 12 OJLS 441
2. C. MC Ivor,”A Stressful Business”, (2005) 21 PN 123
3. D. Howarth “My Brothers keeper?” Liability for the acts of Third parties(1994) 14
LS 88
4. C. Mcloor, “Getting Defensive about Police Negligence : the Hill Principle, the
Human
Right Act and the House of Lords”, (2010) 69 CLJ 133
5. B. Markesinis, “ Negligence , Nuisance and Affirmative Duties of Action” (1989) 105
LQR 104
6. K.M.Stanton, “Hedley Byrne and Heller : The Relationship factor”, (2007) 23
PN 94
7. M. Brazier & J Miola, “Bye-Bye Bolam: A Medical Litigation Revolution” (2000) 8
Med LR 85
8. H. Teff, “The Standard of care in Medical Negligence-Moving on Form Bolam,”
18 OJLS 473
9. R. Kidner,” The variable standard of Care, Contrubutory Negligence and Volent,”
(1991) 11 LS7
198
TOPIC - III
LIABILITY FOR DANGEROUS THINGS AND ACTIVITIES - STRICT LIABILITY
- ABSOLUTE LIABILITY — NO FAULT LIABILITY
(i) Origin, introduction and rationale of no fault liability.

(ii) Rule of Ryland v. Fletcher.
(iii) Application of the Rule in India.
(iv) Absolute Liability — Rule in M.C. Mehta v. Union of India.
(v) The Public Liability Insurance Act 1991.
Reading
1. G.H.L. F ridman, “The Rise a nd F all of R ylands v. F letcher’’, 34 Can. B . R ev. 810
(1956).
2. Donal Nolan, “The Distinctiveness of Rylands v. Fletcher”, 121 L.Q.R. 421 (2005)
List of Cases
1 Rylands v. Fletcher (1868) LR 3 HL 330.
2 Ready v Lyons & Co.(1946) 2AllER47
3 Rickards v Lothian (1913) AC263
4 The Madras Railway Co. v. The Zemindar of Carvatenagarum,
LR (1874) 1 IA 364
5 State of Punjab v Modern Cultivators AIR 1965SC17
6 Cambridge Water Aorks Co.Ltd.v Eastern Counties Leather Plc.(1994)1 AllER 53(HL)
7 M.C. Mehta v Union of India, AIR 1987 SC 1086
8 Indian Council for Enviro legal Actionn v Union of India AIR 1996 SC 1446
9 M.C. Mehta v Kamalnath, AIR 2000 SC 1997
10 Union Carbide Corporation v Union of India AIR 1992 SC 248
TOPIC IV
VICARIOUS LIABILITY
(i) Principles and Basis of Liability

(ii) Master and Servant — Meaning
(iii) Liability of State –
(a) Position in UK before 1948 and after 1948 - Crown Proceedings Act 1947
(b) Position in India before 1950 and after 1950.
(c) Liability for v iolation o f F undamental R ights with s pecial r eference t o A rticle
21.
(d) Position in USA — Federal Tort Claim Act 1946.
(e) Position in France
(f) Human Rights Protection Act 1998.
Readings
1. Law Commission of India, First Report 1956.
2. Kidner, “ Vicarious Liability; F or w hom s hould t he e mployer be l iable” ( 1995) 15 L.S.
47;
199
3. McKendric. “ Vicarious L iability a nd I ndependent contractor a Re-examinaiton” ( 1990)

53 MLR 770
4. Dalip K urnar, “ Tortious Liability of t he S tate A ne ed f or Legislation i n India”, M DU
Law Journal 2005, Part — 11, p. 83
5. G. Yethirajulu. “Article 32 and the Remedy of Compensation”, (2004) 7 SCC (J) 49
6. Aman Hingorani. “State Liability in Tort— Need for a Fresh Look”, (1994)2 SCC (J) 7
List of Cases
1Peninsular and Oriental Steam Navigation Co v Secretary of State
for India (1868-1869)5BomHCR App1
2 State of Rajasthan v. Vidyawathi (1962) Supp. 2 SCR 989
3 Kasturilal Ralia Ram Jain v. State of U. P. (1965) 1 SCR 375
4 N. Nagendra Rao & Co. v. State of A. P., AIR 1994 SC 2663
5 Chairman, Railway Board v. Chandrima Das (2002) 2 SCC 465
6 Pushpa Thakur v Union of India (1984)ACJ559(SC)
7Kaushnqma Begum v new India Asurance Co.Ltd.(2001)2SCC9
TOPIC - V
NUISANCE
(ii) Introduction and Rationale

(iii) Meaning and Components — Main feature of the wrong of nuisance
(iv) Nuisance and Trespass Distinction
(v) Categories of Nuisance.
(vi) Private and Public Nuisance — Standard of Liability in Nuisance
(vii) Nuisance relating to highways
(viii) Environmental Wrongs
(ix) Persons who can see for nuisance
(x) Persons who are liable for nuisance
(xi) Defences and Remedies
Reading
1. J.R. Spencer, “Public Nuisance — A Critical Examination” (1989) CLJ 55
2. F.H. Newark, “The Boundaries of Nuisance”, 65 L.Q.R 480 (1949)
3. C. Gearty, The Place of Private Nuisance in Modern Law of Torts (1989) CLJ 214
List of Cases
1 Attorney General v P.Y.A (1975)1AllER894
2 Hunter v Canary Wharf Ltd.(1997)2AllER426(HL)
3 Rajat Ali v Sugjani Bal AIR 1999283
4 Allen v Gulf Oil Refining Ltd.(1981)All ER353(HL)
5 Diaware Ltd. V Wesiminister City Council (2001)4AllER737(HL)
6 St. Helen Smelting Co. v Tipping (1865)11 HLCas 642
7 Baxter v Camden L.B.C.(1999)3WLR79(1994)4AllER449
8 Hollywood Silver Fox Form Ltd v Emmett (1936)1 AllER825
9 Kachrulal Bhagirath Agrawal v State of Maharashtra (2005)9 SCC36
10 Kuldip Singh v Subhash Chander Jam(2000)4SCC50
11 GMM Pfaudler Limited v Tata Life Insurance Co. Ltd (2010)6 ALIMR 561
200
TOPIC VI
DEFAMATION
(i) General — Meaning of Defamation

(ii) Libel and Slander — Distinction UK and India
(iii) Components of Defamation — Points to be proved in an action for defamation
(iv) Innuendo.
(v) Defamation of Deceased Person
(vi) Defamation of Corporation
(vii) Defamation and Media
(viii) Defences — Justification or Truth. Fair Comment. Privileges — Absoluted & Qualified
(ix) Remedies - Apology. Compensation, Injunction etc.
(x) Defamation Act 1996 (UK)
Readings
1. Farooq Ahrned. “Service Providers Liability for Defamation”, XXIII DLR9I (2001)
2. Gatley, Libel and Slander, (1981, 8th ed.)
3. J.M. Kaye. “Libel and Slander Two Torts or one”? , 91 LQR 524 (1975)
4. Kenin W illiams, “ Defaming P oliticians : T he N ot S o C ommon L aw”, 6 3 ML.R 748
(2000).
5. Subrarnanian S wamy, “ Defamation Litigation : A S uvivor’s K it”, The H indu, dated
21.09.2004
6. R. Mullender,” Defamation Fair Comment and Public Concern” (2010) 60 CLJ 443
List of Cases
1Melepuruth Sankuni Ezhuthassan v Thekittil Geopalankutty Nair (1986)1SCC118
2 Nemichand v Khemraj AIR 1973 Raj 240
3 Thusar kanti Ghosh v Bina Bhaumic (1953)57 CWN378
4 R K Karanjia v K M D Thakersy AIR1970 Bom424
5 E Hulton & Co. v Jones (1910)AC20(HL)
6 Ahybimon v Haridar 2010(2)KLT158
7 Mustaq Ahmed Mir v Akash Awin Bhat AIR 2010J&K 11
8 Cassidy v Daily Mirror Newspaper Ltd. (1929)2 KB231
9 Tolby v J.S.Fry & SonsLtd (1931)AC333(HL)
10Reynolds v Times Newspaper (1999)3WLR 1010
11 Joseph v Spiller (2010)UKSC53
12 Imtiaz Ahmad Vs. Durdana Zamir AIR 2009 SC 122
13 Bharat Bhushan v. Kamal Baugh (2015) 4 SCC 54
14 Subramanyan Swamy V. UOI (2016) 7 SCC 221
15 Dr Shashi Tharoor v. Arnab Goswami (2017) SCC 12049
TOPIC VII
TRESPASS TO THE PERSON
(i) Introduction - constitutional safeguards for Personal Liberty

(ii) Battery
201
(a) Defendant’s state of mind

(b) No consent by the claimant
(c) The Character of defendants act
(d) Damages
(iii) Assault
(iv) Tort of Sexual Harassment
(v) Injury to a Child in the womb
(vi) False Imprisonment
(b) What Constitutes False Imprisonment
(c) Who is liable
(d) Arrest by Public Officer
(e) Arrest by Private Person
(vii) Justification
(viii) Damages
Readings:
1. F . Trindade, Inetrnational Torts: Some Thoughts on A ssault and Battery (1982) 2 O JLS
211
2. Tan, A Misconceived Issue in the Tort of false Imprisonment, (1981) 44 MLR 166
List of Cases
1 S.Saiduddin v Court of Welfare Commissioner 1996(3)Scale28
2 Stephen v Mvess (1830)4pp349
3 A C Cama v H F Morgan (1864)1BHC205
4 Colev v Turner (1704)6 Mod 149
5 ready v Coker,138ER1437
6R Ireland(1997)4AllER225
7 Ashley v Chief Constable of Sussex Police (2008)UKHL25
8 Austin v Commissioner of Police (2009)UKHL5
TOPIC VIII
MALICIOUS PROSECUTION
(i) Meaning of the Tort of malicious prosecute

(ii) Nature and Components
(iii) Malicious Civil Proceedings
(iv) Malicious Legal Process
(v) Abuse of Legal Process
Reading:
1Law Commission of India, 277th Report (page no. 99 ) on Wrongful Prosecution
(Miscarriage of Justice): Legal Remedies, (2018).
The students have to study all cases prescribed by the Faculty from time to time.
1. Gregory v Pro ismouth city council (2000)1AllER560(HL)
2. Mohammad Amin v Jogendra Kumar AIR 1974PC108
3. Balbhaddar v Badrisah AIR1926PC46
4. Ravinder Kumar Sharmuv State of Assam 1999 SC3751
5. Amar Singh v Bhagwati AIR2001Raj14
6. Radhey Mohan Singh v. Kaushalaya Devi AIR2003 Delhi 413.
202
7. Bhupindar Choudhary v. Chander Prakash MANU/DEL/4799/2009.)
TOPIC - IX
DISASTER RISK MANAGEMENT
(i) Initiatives in Disaster Management in India
(ii) The Disaster Management Act,2005
(ii) National Policy on Disaster Management,2009
(iii) National Disaster Management Plan, 2016
(iv) International Instruments: The Sendai Framework
(v) Role of NGO's in Disaster Management
(vi) D isaster R isk R eduction, D isaster m itigation pl anning and s afety
regulations
List of Cases:
1 Swaraj Abhiyan v. Union of India AIR 2016 SC 2929
2 Gaurav Kumar Bansal v. Union of India 2016 (3) SCALE 637
Reading :
1. W. Nick Carter, D isaster M anagement: A D isaster M anagers H and Book, M anila;

Asian Development Bank, 1991.
2. Vinod K. Sharma (ed.), Disaster Management, 5th Ed., New Delhi: IIPA, 2010.
3. T.N. Khoshoo (1988) E nvironment C oncerns and S trategies. A shish Pub. H ouse,
Delhi.
4. Vinod K. Sharma, IDNDR and Beyond, New Delhi: IIPA, 2001.
5. M.C. Gupta & Vinod K. Sharma, Orissa Super Cyclone, 1999, New Delhi: IIPA, 2001
Teaching Plan
Week 1:
Meaning, origin of l aw of Torts and growth and development of Specific Torts. Discussion
on theories of negligence , meaning, definition and essential contituents of negligence.
Week 2: Professional Negligence and the Consumer Protection Act 1986.
Week 3: Negligence by public authority and contributory negligence and
Week 4: Remoteness of Damage: Causation – But for Test, Concurrent Causes, Consecutive
Causes, P roof of C ausation; N ovus A ctus Interveniens; T ests of R emoteness of D amage –
Natural and Proximate Consequence, Test of Directness
Week 5: Nervous S hock: M eaning, Impact T heory, F rom P ersonal Injury, F rom P roperty
Damage
Week 6: Test o f F orseeabilty o f P sychiatric il lness; N ervous S hock: P rimary V ictims,
Secondary Victims; Rescuers
Week 7: No f ault Liability: M eaning and Rationale; S trict Liability – Rule i n R ylands v.
Fletcher – Origin, Nature, Scope and Exceptions
Week 8: Application o f th e R ule o f S trict Liability in India; R ole o f A bsolute Liability –
Rule i n M .C. M ehta v. U nion of India; B hopal G as Leak Disaster c ase; Multinational
Enterprise Liability Object and Salient features of the Public Liability Insurance Act, 1991;
No fault liability in hit and run cases under Motor Vehicles Act, 1988.
Week 9: Vicarious Liability of State: Meaning and Basis of Liability - Position in England
203
and India
Week 10: Government Liability in T orts – Constitutional P rovisions, Sovereign a nd N on-
sovereign Functions; Law Commission of India First Report, 1956
Week 11: Violation of F undamental R ights a nd S overeign Immunity; C oncept of
Constitutional Tort
Week 12: Defamation: Meaning - Libel and Slander; Defamation as a reasonable restriction
on freedom of speech and expression under Article 19(1)(a) of the Constitution of India, 1950
Essential C onditions; D efences - Justification b y Truth, Fair C omment, P rivilege ( Absolute
and Qualified), Consent and Apology.
Week 13: Concept of N uisance, m eaning, de finition, c ategories, de fences a nd r emedies.
Trespass to the person, categories, justifications and damages
Week 14: Discussion on Tort of Malicious Prosecution and legal remedies
Week 15: Initiatives in Disaster management in India, Legal provisions andGround realities

No. Learning
Activity
1. Explain the legal A mix of lecture, As given below

framework relating to the discussion and
Negligence in India and its case study
origins in the common law method;
system. presentations;
Analyse the complexities assignments;
involved in it and construct hypothetical
legally cogent responses. problems
Apply their knowledge to

solve factual situations
under tort law, under the
Consumer Protection Act,
1986 and support them
with logical arguments.
Write research
papers/notes and case
comments.
2. Explain the legal A mix of lecture,

Nervous Shock in India case study
and its origins in the method;
Common Law System. presentations;
assignments;
Analyse the complexities
204


under tort law and support
them with logical
arguments.

Remoteness of Damage in case study
India and its origins in the method;
legally cogent responses. problems and
quizzes
them with logical
arguments

No Fault Liability in India case study
and its origins in the method;
assignments;
Analyse the complexities hypothetical
involved in it and construct problems
legally cogent responses.

them with logical
arguments.
Write research
comments.
205

Vicarious Liability of State case study
in India and its origins in method;
the Common Law System. presentations;
assignments;
involved in it and construct problems
legally cogent responses.

them with logical
arguments.
Write research
comments
6. Explain the legal Lecture Method,

framework relating to the Discussion Case
Defamation in India and its Method, Student
origins in the Common Presentations,
Law System. Hypothertical
Problem A mix
Analyse the complexities of lecture,
involved in it and construct discussion and
legally cogent responses. case study
Apply their knowledge to method;
solve factual situations presentations;
under tort law and support assignments;
them with logical hypothetical
arguments. problems
Write research
comments.

framework relating to discussion and
Nuisance in India and its case study
origins in the Common method;
Law System. presentations;
206

them with logical
arguments.
Write research
comments.

Trespass to the person and case study
malicious prosecution in method;
India and its origins in the presentations;
Common Law System. assignments;
involved in it and construct problems and
legally cogent responses. quizzes
them with logical
arguments.
Write research
comments.

Disaster Management in case study
India. Critically analyse the method;
initiatives taken in India presentations;
for disaster management assignments;
and disaster risk reduction. hypothetical
problems.

207
Presentations)
IMPORTANT NOTE:
Committee o f t eachers t eaching t he C ourse shall b e a t lib erty to r evise th e
***********
208
Semester II/ Semester IV

Course Name: Law, Media and Censorship
Course Objective :Law r elating t o m ass m edia co nsidered a s ignificant b ranch o f l egal
education in India. In this paper, the students examine the various aspects of laws, regulations
and regulating bodies that govern and restrict the media and journalism practice. Freedom of
the press is a fundamental right guaranteed by the Constitution of India as an associated right
to freedom of speech and expression. However, legislative bodies have not been hesitant to
impinge on t hat freedom on t he ground of reasonable restriction of fundamental rights. The
different media organisations are regulated by different agencies in the country. Mass Media
systems of t he w orld va ry from e ach ot her according t o t he e conomy, p olity, religion a nd
culture of di fferent s ocieties. In t his a ge o f m edia e xplosion, one c annot s imply remain
confined t o t he bound aries of t he t raditional media. T he m edia world ha s expanded i ts
dimensions b y e ncompassing w ithin its o rbit, th e w idening v istas o f cyber me dia etc. A s a
consequence, t he l aws governing t hem a re also num erous. T he l aws on m edia w ill be
discussed i n de tail i n t his pa per. T he pa per primarily w ould focus on the l aws a nd l egal
challenges faced by the media in India and situation in other developing countries. The ever-
expanding dimensions of the media and its complex character which invokes non-traditional
regulatory mechanism will form part of the paper.
Objectives and Learning Outcomes.
Upon successful completion of this course, the students will be equipped with:
1. To cr itically an alyse t he l egal and r egulatory restrictions on f reedom o f speech and

expression and their impact on journalism practice.
2. To report on court hearings and legal issues.
3. To e xplain a nd a pply t he l aws o f d efamation and c ontempt of c ourt, p rivacy l aw,
broadcasting law and human rights law to their practice.
4. To compare and contrast the different roles of courts, tribunals and regulatory bodies
in relation to press and media institutions.
5. To evaluate the role and impact of self-regulation on the media and journalists.
6. To de velop the r esearch-oriented und erstanding i n t he field of m edia l aw and
journalistic ethics.
Content:
Unit-1. Historical Perspective of Press and Media Law
1. Historical Perspective of Mass Media Laws.

2. Law relating to Press during Pre-Independence Period.
3. Role of Press and Media in India’s Struggle for Independence.
209
4. Censorship Methods during British India.
Unit-2. Constitution of India and Freedom of Speech and Expression
1. Constitutional provisions regarding speech and expression.

2. Restrictions on freedom of speech and expression.
3. Right to broadcast and telecast.
4. Power of State to legislate u/a 246 read with 7th Schedule.
5. Misleading advertisement vis a vis consumer rights.
Unit-3. Different Legal Regime of Indian Media-Regulatory Mechanism
1. Legislative mechanism for the regulation media.

2. Institutional mechanism for the media.
3. Independent and autonomous media organization.
4. Media, Law and Ethics.
Unit-4. Press and Media-Democratic Aspiration and Social Ordering
1. Role of Media in social ordering and socialization of community.

2. Media and ethos of secularism in multi-cultural, multi-linguist and multi-ethnic society.
3. Media as watchdog of democracy.
4. Media and socially excluded communities.
5. Mass media and sustainable development.
6. Mass media-national security, terrorism and separatism.
7. Mass media and objectives of democracy.
Unit-5. Understanding the Controlling Mechanism of Mass Media-Press, Films, Radio

and Television
1. Ownership pattern of print-journalism in India.

2. Ownership pattern of films in India-regional and mainstream cinema.
3. Ownership pattern of radio, television and web-based media organization.
4. Ownership pattern of international channels/media/press operating in India.
Unit-6. Law relating to Mass Media-Issues and Challenges
1. Protection of civil liberties and human rights-right to privacy, law of defamation,

obscenity, blasphemy and sedition.
2. Investigative journalism and sting operation-harmonizing the social interest and promoting
transparency.
3. The Press Council Act 1978-issue of autonomy.
4. The Press and Registration of Books Act 1867.
5. The Indian Official Secret Act 1923.
6. The Working Journalist Act 1858-employees connected with press and media organization.
7. Prize Competition Act 1955-price and page schedule regulation.
8. Telecom Regulatory Authority of India Act 1997.
210
Unit-7. Press Censorship in India
1. Censorship and constitutional provisions.

2. Difference between Films and Press-Why Pre-Censorship valid for films but not for the
press?
3. Censorship under Cinematography Act 1952.
4. The Newsprint Control Order.
5. Whether advertisement includes freedom of speech and expression.
Unit-8. Radio and Television: Why Government Monopoly
1. Why radio and television controlled by the state.

2. Prasar Bharti-history, objective and functional mechanism.
3. Debate between liberal autonomous corporation and government control.
4. Chanda Committee Report.
Unit-9. Indian Press and Media-The Major Threats and Challenges
1. Problem of fake news, yellow journalism, paid news, misleading reporting etc.
2. Problem of biased and prejudiced reporting.
3. Corporatization of Indian media.
4. Abuse and misuse of social media platforms.
5. Mitigating the cyber risk on Indian press and media platforms.
6. Crisis of media credibility in India.
7. Religious nationalism and media freedom.
8. Rising graph of media violence.
Recommended Reading:
1. M P Jain, Constitutional Law of India, 2017

2. H M Seervai, Constitutional Law of India-Vol- 1 and 2, 2018
3. Rosemary Pennington and Hilary E. Kahn (Ed.), On Islam: Muslims and the Media
4. John B Howard, The Social Accountability of Public Enterprises in Law and Community
Control in New Development (International Centre for Law in Development)
5. D D Basu, The Law of Press of India, 2018
6. Justice E S Venkatramiah, Freedom of Press: Some Recent Trends, 1984
7. Soli Sorabjee, Law of Press Censorship in India, 1976
8. Rajeev Dhavan, On the Law of the Press in India, JILI 1984
9. Vartika Nanda, Media Law and Ethics: An Introduction of Legal and Ethical Issues in
Journalism, 2018
10. Law Commission Report 200, (Trial By Media)
11. Verhulst, Stefaan G; Price, Monroe E, Ed, Broadcasting Reforms in India-Media Law
from Global Perspective
12. Guha, Pranjoy Thakurata, Media Ethics-Truth, Fairness and Objectivity
13. Dixit, Anil Kumar, Press Law and Media Ethics
211
Teaching Plan:

and rational for choosing the LL.M. course in particular the optional paper Law, Media and
Censorship. E xplanation of t he m ethod of s tudy including l ectures, c ase s tudy, pr oblem
solving, f ield w ork, di scussions, r esearch w ork, writing a nd pr esentation of t erm pa pers b y
students. E xplaining t hat e xpert l ectures, a udio- visual m ethods, s ymposia, a ssignment of
tasks i ncluding t eaching t he unde rgraduate s tudents, l ibrary visit- searching t he of fline and
online resources may also form part of the study. Introduction of the subject by providing an
overview of its different parts and units and explanation of the method of making term papers
and a llocation of t opics t o s tudent f or pr eparing and pr esenting t erm pa pers i ncluding
explanation of rules of plagiarism. To start the first unit and explain its various components.
To trace the historical evolution of press and media organisation and to highlight importance
and contribution of British, American and other international institutions for the development
of media law, freedom of speech and expression. (4 classes)
Week 2: First unit continues. Introduction of basic concepts and principles including types,
political a nd f unctional a spects, r ights a nd dut ies, pe rsonality, pr ivileges a nd i mmunities of
media or ganization. O verview of t he l egal f ramework of m ass m edia dur ing pr e-
Independence era and the role that media organizations in India’s struggle for independence.
Class discussions and presentations by students shall simultaneously take place. (4 classes)
Week 3: Second uni t starts. Introduction o f basic c oncepts and pr inciples c oncerning
freedom of s peech a nd expression unde r Indian l egal s ystem. T he c onstitutional pr otection
and rights of press and media institutions. To trace historical evolution of freedom of speech
and e xpression a nd how t his pr ovision i ncorporates i n Indian c onstitution. T o a nalyse t he
contemporary issues, challenges and relevant national approaches including role of Supreme
Court, S tate G overnments a nd di fferent or ganizations a bout f reedom of s peech a nd
expression. Class discussions and presentations by students shall simultaneously take place.
(4 classes)
Week 4: Second uni t c ontinues. T o di scuss t he c ases de cided b y t he S upreme C ourt a nd

different High Courts and Tribunals with regard to violation of certain principles of freedom
of s peech a nd expression. T o critically an alyse t he l egal and r egulatory restrictions on
expression a nd t heir i mpact on j ournalism pr actice. To unde rstand t he contemporary and
recent de velopments a nd e volving pr actice of s tates a nd m edia or ganizations a nd t heir
varying i nterpretations b y individuals a nd nations. C lass di scussions a nd student’s
Week 5: Third unit starts. Introduction of institutional framework of Indian press and media
organisation. In t his uni t m ain obj ective of t eaching t o e xplain t he pow er a nd pos ition of
different institutions working to regulate the media organisations. To explain the functioning
and a uthority of di fferent l egal/independent/autonomous bodi es w orking t o s trengthen t he
freedom of speech and expression as enshrined under the Constitution of India. To evaluate
the role and impact of various bodies of regulation on t he media and journalists. To identify
212
and a ct w ithin t he relevant l aws, pol icies a nd regulations governing t he news m edia. C lass
discussions and student’s presentations shall simultaneously take place. (4 classes)
Week 6: Third unit continues. To introduce the concept of role of Media and ethics and how
media can play the role in nation building. Different issue and subjects will be undertaken in
this w eek f or e xtensive debate a nd di scussion. T he f ocus of t he s tudy w ould be r emain on
ethical de cline of Indian pr ess and m edia or ganisation. C lass di scussions a nd s tudent’s
Week 7: Fourth uni t s tarts. Introduction of t he c oncept of role of m edia in s ocial ordering.
Media and its relation with minorities. To explain the role of the media in secular and multi-
religious and mu lti-ethnic s ocieties. H ow m edia can p lay a c rucial r ole i n n ational s ecurity
and achieving the goals of democracy. Topics like media and environment protection will be
covered in this period. Class discussions and student’s presentations shall simultaneously take
place. (4 classes)
Week 8: Fifth unit starts. Introduction of ownership pattern of media industry. The advantage
and di sadvantage o f c orporatisation of m edia i ndustry. T o e xplain t he ow nership pa ttern i n
different c ountries i ncluding India’s ne ighbouring countries and how t heir m edia i ndustry
works. T o e xplain t he c oncepts of a ffirmative a ction, s ocial justice, e nvironment r eporting
under corporate culture. To give students the tasks of assessment of different media reporting,
corruption, political patronage enjoyed by the reporters and to opine if any reform is needed
in present state of affairs of Indian media. Class discussions and student’s presentations shall
Week 9: Sixth uni t s tarts. T o i ntroduce t he c oncept of hum an r ights, c ivil l iberties,
defamation and sedition in Indian press and media. To explain a nd understand the va rious
approaches of j ournalism a nd c ontentious i ssues s urrounding t he j ournalism. In t his uni t
attempt will be made to decipher the various modes of journalism and harmonising the social
interest, hum an r ights a nd na tional i nterest. T o explain t he r ole of t he press a nd m edia i n
development of human rights movement in India. To understand the civil liberties movement
under t he U nited N ations a nd r ole of m edia i n s trengthening n ational hum an r ights
institutions. Class discussions and student’s presentations shall simultaneously take place. (4
classes)
Week 10: Sixths unit continues. To discuss the national and international legal framework to
protect the press rights, freedom of media and their regulation. In this unit the main focus will
be on critical analysis of di fferent l aws developed aiming t o ensure f reedom of s peech and
expression i n India. T o di scuss t he r ole of t he T RAI a nd M inistry o f Information a nd
Broadcasting a nd ot her enforcement i nstruments i n India. C lass di scussions a nd s tudent’s
Week 11: Seventh uni t s tarts. T o i ntroduce t he c oncept of c ensorship i n India a nd c ivil
liberties approaches under Constitution of India. To explain the various methods of censoring
the contents and its legitimacy. To examine the censoring power of the state and evaluating
213
the j ustification unde r di fferent l aws. C lass di scussions a nd s tudent’s pr esentations s hall
Week 12: Eights unit start. To explain the role of government and reasoning behind the state
control of national broadcasts. To critically examine the power and position of Prasar Bharti
and its main function. The issue of desirability of liberal and autonomous broadcast service in
India. T o e ncourage di scussions r egarding t he de sirability of a n i ndependent a nd i mpartial
media institution in India. Class discussions and student’s presentations shall simultaneously
Week 13: Ninth uni t s tart. T o i ntroduce t he major t hreats t o t he Indian pr ess a nd m edia
organistations. This unit would also focus on challenges posed by Indian media and how to
tackle the same. How Indian law sufficient enough to contain these problems. To discuss the
current s tate of Indian pr ess an d m edia w ith s pecial r eference t o p roblem o f f ake n ews,
yellow j ournalism, paid news and m isleading r eporting etc. C lass di scussions and s tudent’s
presentations shall simultaneously take place.(4 classes)
Week 14: Ninth unit continue. In this session the major challenges faced by the Indian media
will be discussed in length. What are factors responsible for credibility crisis of Indian media.
Attempt will be made to discuss the what are problems of social media platforms. To explain
the b asic et hos of j ournalism i n t he e ra of c orporatisation of m edia i ndustry. C lass

No. Outcomes Activity
1. Historical Case D iscussion; Lecture As given below.

Perspective of Method; G roup D iscussion
Press and Media and Student’s Presentation
Law
2. Constitution of Case D iscussion; Lecture As given below.
India and Method; G roup D iscussion
Freedom of and Student’s Presentation
Speech and
Expression
3. Different Legal Case D iscussion; Lecture As given below.

Regime of Indian Method; G roup D iscussion
Media-Regulatory and Student’s Presentation
214
Mechanism
4. Press and Media- Case D iscussion; Lecture As given below.

Democratic Method; G roup Discussion
Aspiration and and Student’s Presentation
Social Ordering
5. Understanding the Case D iscussion; Lecture As given below.

Controlling Method; G roup D iscussion
Mechanism of and Student’s Presentation
Mass Media-
Press, Films,
Radio and
Television
6. Law relating to Case D iscussion; Lecture As given below.

Mass Media- Method; G roup D iscussion
Issues and and Student’s Presentation
Challenges
7. Press Censorship Case D iscussion; Lecture As given below.

in India Method; G roup D iscussion
and Student’s Presentation
8. Radio and Case D iscussion; Lecture As given below.

Television: Why Method; G roup D iscussion
Government and Student’s Presentation
Monopoly
9. Indian Press and Case D iscussion; Lecture As given below.

Media-The Major Method; Group D iscussion
Threats and and Student’s Presentation
Challenges

Presentations)
IMPORTANT NOTE:
215
1. The t opics, c ases a nd s uggested r eadings given above a re not e xhaustive. T he

***********
216
Course Name: Law of Air and Space
Course Objectives
The obj ective of t he c ourse i s t o unde rstand a nd a nalyse t he growth a nd de velopment of

International Air and Space Law. It will help to understand how the developments in aircraft
and spacecraft technology have contributed to the growth and evolution of International Law
to regulate various aspects and use of air space and outer space. The first part of the course
helps i n unde rstanding j urisprudential de bates o n f reedom and s overeignty ov er air s pace;
legal as pects o f s afety and s ecurity of International a viation a nd lia bility o f th e c arriers f or
ensuring s afe c arriage t o t he pa ssengers, ba ggage and g oods. The second part helps to
understand t he de velopments i n out er s pace t echnology a nd consequent r egulation of us es
and exploration of outer space by International law. It shall explain delimitation and legality
of m ilitary us e of out er s pace i ncluding m enace of s pace de bris a nd e nvironmental
degradation. It e xplains the l egal s tatus o f t he o bjects l aunched i nto out er s pace a nd return
and rescue of astronauts and concerns of countries relating to access to moon. It finally deals
with various space applications such as telecommunication, remote sensing, space research,
resource exploitation, space tourism and offences against space aircraft.
Course Learning Outcome
At t he c ompletion o f c ourse t he LL.M. s tudents s hall know a nd un derstand i mportant

aspects o f t he l aw o f ai r s pace an d o uter s pace. They s hall ha ve s kills of unde rstanding
difficult a nd i mportant i ssues of na tional a nd i nternational c oncern. T hey shall be able t o
carry out researches upon these issues and write scholarly works. Students shall have capacity
of communication with others on international aviation and outer space matters and shall be
able to make presentations before the wider audience to put their views forward. This course
shall p rovide t hem t he necessary ed ge an d co mpetence t o t ake u p t he n ational co ncerns
before the international fora and successfully compete with their foreign counterparts.
Through this course, the students shall know the intricacies of this subject and get in-depth
understanding of a relatively unconventional area that offers vast opportunities and avenues
to t he M asters of Law students a t na tional a nd i nternational l evel. T he w hole course i s
designed i n a w ay t o pr ovide not j ust t heoretical unde rstanding of t his s pecialized a rea but
also practical exposure and understanding that shall be useful for students in their career in
academics a nd i n pr ofession. T he s tudents ha ving s tudied Law of Air a nd S pace m ay s eek
jobs i n t he a cademia, a irlines s ector, c orporate, i n g overnment s ector, i nternational
organizations, f oreign n ational uni versities a nd i nstitutions a nd m ay make c areer i n t he
practice of Air and Space Law before courts.
Contents:
Unit I: Development of Air Law
1. Sovereignty over Air Space

2. Freedom of Air
217
Unit II: Safety and Security in Aviation
1. Aviation Terrorism
2. Unlawful Seizure of Aircraft
3. Offence of Hijacking
4. Extradition of Hijackers
5. Prosecution of Hijackers
6. Aviation Security in India
Unit III: Liability in Air Law
1. Nature of Liability
2. Liability Limits
3. Exemption from Liability, Limitation of Liability, Unlimited Liability of Career
4. Recent Developments in International Air Career Liability
Unit IV: Space Law
1. Concept of Space Law

2. Delimitation of Outer Space
3. Legality o f M ilitary Uses o f O uter S pace: N uclear w eapon t ests, R econnaissance,
Jurisdictional issues, Threat or use of force
4. Space Debris: Mitigation and Prevention
Unit V: Legal Status of Objects Launched into Outer Space and of Astronauts
1. The problem of ownership

2. Assistance and Rescue of Astronauts and the Return of Astronauts
3. Recovery and return of objects launched into outer space.
4. Expenses incurred in rescue, recovery and return of astronauts and space objects
5. The state of Registry and Launching Authority
Unit VI: Moon Treaty
1. Scope of Moon Treaty

2. Review of Moon Treaty
3. Controversial Aspects of Moon Treaty
(i) Concerns of Developed Countries - Common Heritage of Mankind, Moratorium,
Problems of Establishing a Regime
(ii) Concerns of Developing Countries- Failure to achieve equity, Neo-neocolonialism
4. Framework for the Future
Unit VII: Space Applications
1. Telecommunications
2. Remote Sensing
3. Space Research
4. Resource Exploitation
5. Space T ourism - Space c areers, A stronauts a s envoys o f m ankind i n out er s pace,
Offences against spacecraft
218
Unit VIII: Air and Space Dispute Settlement Mechanisms
1. Existing Mechanisms
2. National and International Adjudicating Bodies
3. Need for the Establishment of a Permanent Arbitration Tribunal for the Settlement of
Air and Space Disputes
Suggested Readings:
Prescribed Books:
1. I.H.Ph. D iederiks -Verschoor, A n Introduction t o A ir Law, K luwer Law International,

(2001).
2. Dempsey, P, Public International Air Law, McGill University, (2007).
3. Dempsey, P , P ublic International A ir Law: C ases a nd M aterials, Institute o f A ir and
Space, McGill University, (2007).
4. A McNair, The Law of the Air, International Civil Aviation Organisation (ICAO), (1964).
5. J.C. Batra, International Air Law Reliance Publishing House, New Delhi, (2003).
6. S. Bhatt, V.S. M ani a nd V. B alakista R eddy (ed.) Air Law and P olicy i n India Lancers
Books, (1994).
7. S. Bhatt, An Introduction to Space Law, Martinus Nijhoff Publishers, The Hague, (1999).
8. Cheng, B, Studies in International Space Law, Oxford University Press/Clarendon Press,
(1997).
9. Jakhu, R am S , Space L aw: G eneral P rinciples, D ocuments an d M aterials, M cGill
University (2006).
Treaties, Conventions and Resolutions:
1. Paris Convention, 1919

2. Chicago Convention, 1944
3. Tokyo Convention, 1963
4. Hague Convention, 1970
5. Montreal Convention, 1971
6. Montreal Protocol for Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, 1988
7. Convention on the International Marking of Plastic Explosives, 1991
8. The Suppression of Unlawful Acts against Safety of Civil Aviation Act, 1982
9. Warsaw Convention, 1929
10. Guatemala City Protocol, 1971
11. The Protocol of 1978 amending the Rome Convention
12. Amendments of t he W arsaw C onvention w ith r eference t o ba sis of C onvention,
Limits of Liability, Unbreakability of Limits of Liability
13. Montreal Convention, 1999
14. Treaty on Principles Governing the Activities of States in the Exploration and the
Use of Outer Space, including the Moon and other Celestial Bodies; entered into
force on Oct. 10, 1967.
15. Resolution of the UN General Assembly on Prevention of an Arms Race in Outer
Space, UN Doc. A/RES/61/58 of 6 December 2006.
16. Space Debris Mitigation Guidelines of the Scientific and Technical Subcommittee
219
of the Committee on the Peaceful Uses of Outer Space, UN Doc. A/AC.105/890

of 6 Mar. 2007
17. Agreement on t he R eturn of A stronauts on t he R escue of A stronauts, R eturn of
Astronauts and Return of Objects Launched into Outer Space, 1968
18. Convention on International Liability for damages caused by Space Objects, 1971
19. Convention on International Liability of Objects, 1973
20. Convention on Registration of Objects Launched into Outer Space, 1976
21. Agreement on Activities of States on the Moon and other Celestial Bodies, 1979
22. Principles Relating to Remote Sensing of the Earth from Outer Space, 1986.
23. Resolution of the UN General Assembly on the Application of the Concept of the
‘Launching State’, UN Doc. A/RES/59/115 of 25 January 2005.
24. Resolution of the UN General Assembly on Prevention of an Arms Race in Outer
Space, UN Doc. A/RES/61/58 of 6 December 2006.
25. Principles Governing the Use by States of Artificial Earth Satellites for International
Direct Television Broadcasting, 1982.
26. Principles Relating to Remote Sensing of the Earth from Outer Space, 1986.
Other Materials:
1. Dean N. R einhardt, T he V ertical Limit of S tate Sovereignty, 72 J . A ir L. & C om. 65

(Journal of Air Law and Commerce, 2007).
2. G.S. Sachdeva, Challenges in Air Law, 47 IJIL 200 (2007).
3. P.C.K. R avindran, C ontrol of T errorism i n A ir S pace: E fforts b y t he International
Community, 37 IJIL 27-42 (1997).
4. Paul S tephen D empsey, C ompliance & E nforcement i n International Law: A chieving
Global Uniformity in Aviation Safety, 30 N.C.J. Int'l L. & Com. Reg. 1 ( North Carolina
Journal of International Law & Commercial Regulation, 2004).
5. Paul R . V erkuil, T errorism, G lobalization a nd t he R ule of Law: T he P ublicization of
Airport Security, 27 Cardozo L. Rev. 2243 (Cardozo Law Review, 2006).
6. Thomas C onlon, T he Unlawful S eizure of A ircraft – An I nternational L egislative
Response, 45/ 46 Y earbook of t he A ssociation of A ttenders a nd A lumni of t he H ague
Academy of International Law, The Hague, (1975-76), p. 87.
7. Paul S tephen D empsey, Aviation S ecurity: T he R ole of Law i n t he W ar A gainst
Terrorism, 41 C olum. J. T ransnat'l L. 649 ( Columbia Journal of T ransnational Law,
2003).
8. V.S. Mani, Aviation Security, International Terrorism and the Law, 32 IJIL 1 (1992).
9. M.K. Nawaz, Liability for Aerial Collisions, 37 IJIL 88-92 (1997).
10. Frans G. Von Der Dunk, Navigating Safely Through the 21st Century: ICAO and the Use
of GNSS in Civil Aviation, 47 IJIL 1 (2007).
11. Daniel A. Porras, The "Common Heritage" of Outer Space: Equal Benefits For Most of
Mankind, 37 Cal. W. Int'l L.J. 143, (California Western International Law Journal, 2006).
12. Peter T . Limperis, O rbital D ebris A nd th e S pacefaring N ations: International Law
Methods For Prevention And Reduction Of Debris, And Liability Regimes For Damage
Caused By Debris, 15 A riz. J. Int'l & Comp. Law 319, ( Arizona Journal of International
and Comparative Law, 1998).
13. David Everett Marko, A Kindler, Gentler Moon Treaty: A Critical Review of the Current
Moon Treaty and a Proposed Alternative, 30 IJIL 1 (1990).
14. Vladimír K opal, Introduction t o t he U nited N ations T reaties a nd P rinciples on O uter
Space, Proceedings of t he U nited N ations/International Institute of A ir a nd S pace Law
Workshop on Capacity Building In Space Law, United Nations, New York, 2003, p.10.
220
15. S. B hatt, The R ole o f t he U nited N ations i n t he R egulation of U ses of A ir S pace a nd

Outer Space, 35 IJIL 201(1995).
16. Armel Kerrest, The Liability Convention and Liability for Space Activities, Proceedings
of t he U nited N ations/International Institute o f A ir a nd S pace L aw W orkshop on
Capacity Building In Space Law, United Nations, New York, 2003, p. 25.
17. Case C oncerning U S D iplomatic a nd C onsular S taff i n T ehran ( US v . T ehran), ICJ
Reports, 1980, p.42.
18. Case C oncerning Q uestions of Interpretation and A pplication of the 1971 M ontreal
Convention a rising f rom t he A rial Incident a t Lockerbie ( Libya v. U SA & U K), ICJ
Reports, 1992, p.3.
Teaching Plan:

and r ational for choosing t he LL.M. course. Explanation of t he m ethod of s tudy i ncluding
lectures, case s tudy, pr oblem s olving, field w ork, di scussions, r esearch work, w riting a nd
presentation of t erm pa pers b y s tudents. E xplaining t hat e xpert l ectures, a udio- visual
methods, s ymposia, assignment of t asks i ncluding t eaching t he unde rgraduate s tudents,
library v isit- searching t he of fline a nd onl ine r esources m ay a lso f orm pa rt of t he s tudy.
Introduction of t he s ubject b y providing a n ove rview of i ts di fferent pa rts a nd uni ts and
explanation of t he m ethod of m aking t erm pa pers a nd allocation of t opics t o s tudent f or
preparing a nd p resenting t erm pa pers i ncluding e xplanation of r ules of pl agiarism. T o s tart
the f irst uni t a nd e xplain i ts va rious c omponents. T o t race t he hi storical e volution of
International Air and Space Law and to highlight its importance and necessity in regulating
the use of air space and outer space. (4 classes)
Week 2: First uni t c ontinues. T o i ntroduce t he ba sic c oncepts a nd pr inciples s uch a s a ir

space, sovereignty over it and doctrine of freedom of air. To explain the emergence of aircraft
technology and the national concerns about the rights over their air spaces and evolution of
international customary law of sovereignty over airspace. To have an overview of the legal
framework of P aris C onvention 1919 a nd C hicago C onvention 1944 and t he r ole t hat t hey
played in regulating the use of airspace. Class discussions and presentations by students shall
Week 3: Second uni t s tarts. Introduction of t he t hreat t o a viation s ecurity t hrough a cts of
terrorism, s eizure of a ir c raft a nd hi jacking of a ir c raft e tc. a nd t heir r egulation b y
International law. To discuss and analyse the provisions in the relevant international treaties
providing for prosecution and extradition of the offenders. To examine contemporary issues,
challenges and relevant national approaches including role of United Nations and its organs
especially t he International C ourts. C lass di scussions a nd pr esentations by s tudents s hall
Week 4: Second uni t c ontinues. T o di scuss t he c ases de cided b y t he na tional a nd

international C ourts a nd the m ajor i nternational C onventions i ncluding Tokyo C onvention
1963, H ague C onvention 1970, a nd M ontreal C onvention 1971e tc. T o hi ghlight t he
contemporary a nd recent de velopments, e volving pr actice a nd l aws w ithin s tates a nd t heir
varying interpretations by individuals and nations. To explain the Indian laws regulating the
security o f i ts a viation s ector. C lass di scussions a nd s tudent’s p resentations s hall
221
Week 5: Third uni t s tarts. T o i ntroduce t he i ssues f or w hich an aircraft car rier b ecomes
liable. To explain the nature of liability, limits of liability, exemption from liability, limitation
of Liability, a nd u nlimited lia bility o f c areer. Class di scussions a nd s tudent’s pr esentations
Week 6: Third uni t c ontinues. T o i ntroduce t he recent de velopments i n International air

career liability and to explain the provisions of different international conventions and other
instruments that regulates the liability of the career. Major focus shall be upon the Warsaw
Convention 1929 a nd M ontreal C onvention 1999. Class di scussions a nd s tudent’s
Week 7: Fourth unit starts. To introduce the concept of Outer Space and its various uses. To
explain the Space law and its delimitation by international agreements. To discuss the legality
of military us es of outer Space, its use for nuclear weapon tests and for reconnaissance. To
discuss the jurisdictional issues and the threat or use of force in the Outer Space. To explain
the pr oblem of S pace debris a nd t he m ethods of i ts m itigation a nd prevention. Class
Week 8: Fourth uni t c ontinues. T o di scuss a nd e xplain t he obj ectives a nd pr ovisions o f

various International treaties, agreements and resolutions of UN bodies such as Outer Space
Treaty, 1967, GA R esolution on P revention of A rms R ace i n O uter S pace e tc. C lass
Week 9: Fifth uni t s tarts. T o i ntroduce t he ph enomena o f l aunching v arious obj ects and
astronauts i n t he Outer Space b y n ations. T o e xplain the pr oblem of ownership of s uch
objects and the necessity of assistance and rescue and the return of astronauts. To explain the
issue of r ecovery a nd return of obj ects l aunched i nto out er s pace a nd expenses i ncurred i n
rescue, recovery and return of astronauts and s pace obj ects. To di scuss the state of r egistry
and l aunching authority. Class di scussions a nd s tudent’s pr esentations s hall s imultaneously
Week 10: Fifth uni t continues. T o di scuss t he International T reaties a nd C onventions

including Agreement on Return and Rescue of Astronauts and Return of Objects Launched in
Outer S pace, 1968, C onvention on I nternational Liability f or D amages c aused b y S pace
Objects, 1971, C onvention on International Liability of O bjects, 1973 a nd C onvention on
Registration o f O bjects Launched i nto O uter S pace, 1976. C lass di scussions a nd s tudent’s
Week 11: Sixth unit starts. To introduce the aims and provisions of Moon Treaty, 1979 and
to examine if its review is required. To explain the controversial aspects of Moon Treaty and
discuss va rious c oncerns of de veloped and de veloping c ountries. Class di scussions a nd
student’s presentations shall simultaneously take place. (4 classes)
Week 12: Seventh unit starts. To introduce the use of Outer Space for telecommunications,
remote s ensing an d s pace r esearch. T o ex plain t he co ncept o f r esource exploitation, s pace
tourism - space careers. To explain the role of astronauts as envoys of mankind in outer space
and a lso t o di scuss t he o ffences a gainst s pacecraft. Class di scussions a nd s tudent’s
222
Week 13: Seventh unit continues. To introduce the objectives and provisions of international
treaties and agreements including Principles Governing the Use by States of Artificial Earth
Satellites f or International D irect T elevision B roadcasting, 1 982 a nd P rinciples R elating to
Remote S ensing of t he Earth f rom O uter S pace, 1986 e tc. Class di scussions a nd s tudent’s
Week 14: Eighth unit starts. To introduce the existing mechanisms for settlement of Air and
Space disputes. To discuss the role of National and International adjudicating bodies and to
examine the need for the establishment of a permanent arbitration Tribunal for the settlement
of air and space disputes. Class discussions and student’s presentations shall simultaneously
Week 15: Revision of t he c ourse, que ries f rom t he s tudents, problem s olving a nd
Facilitating the Achievement of Course Learning Outcomes

1. Development of Case D iscussion; Lecture As given below.

Air Law Method; G roup D iscussion
2. Safety and Security Case D iscussion; Lecture As given below.

in Aviation Method; G roup D iscussion
3. Liability in A ir Case Discussion; L ecture As given below.
Law Method; G roup D iscussion
4. Space Law Case D iscussion; Lecture As given below.
Method; G roup D iscussion
5. Legal S tatus of Case D iscussion; Lecture As given below.
Objects L aunched Method; G roup D iscussion
into O uter S pace and Student’s Presentation
and of Astronauts
6. Moon Treaty Case D iscussion; Lecture As given below.

7. Space Applications Case D iscussion; Lecture As given below.
223
8. Air a nd S pace Case D iscussion; Lecture As given below.

Dispute S ettlement Method; G roup D iscussion
Mechanisms and Student’s Presentation

Presentations)
IMPORTANT NOTE:
1. The t opics, c ases a nd s uggested r eadings given a bove a re not exhaustive. T he
***********
224
Course Name:Competition and Consumer Protection Law
Learning Objectives
(1) T o i mpart s tudents with a n ove rview o f t he l egal f oundations of competition l aw a nd
consumer law at the national as well as international level.
(2) To enable students to apply fundamental principles of consumer based laws and develop
an understanding of the interconnectedness of the laws.
(3) To enable students to crtically examine the implementation of competition and consumer
laws in light of the leading decisions of the national courts.
Learning Outcomes
(1) Students would be able to identify the key underlying foundations of the competition and
consumer law.
(2) Students would be able to understand the interconnectedness of the laws and how the fora
under the respective laws may be accessed.
(3) Students would understand the challenges in the implementation of the laws and how one
law complements the other.
Content
PART- A
THE COMPETITION ACT, 2002
UNIT – I
INTRODUCTION
4 hrs
1. Basic C oncepts –Constitutional a spect o f E limination o f C oncentration o f
Wealth a nd D istribution of R esources A rticle 3 9 ( b) (c) R elation be tween
Competition Policy and Competition Law
2. Objectives of Competition Law
3. Legislative H istory a nd D evelopment o f C ompetition Law/Antitrust Law,
Liberalization and Globalization
4. Raghavan Committee Report, Competition Act 2002
5. Difference between MRTP Act and Competition Act,
6. Salient feature of Competition Act
7. Important Definitions under the Competition Act, 2002
8. The Competition (Amendment) Bill, 2012
9. Draft National Competition Policy, 2011
Required Readings:
1. Raghavan Committee Report
2. Competition Act 2002
3. The Competition (Amendment) Bill, 2012
4. Draft National Competition Policy, 2011
UNIT – II
ANTI- COMPETITIVE AGREEMENTS
225
8hrs
1.Anti- Competitive Agreements
2.Horizontal and Vertical agreements
3.Rule of Perse and Reason
4.Appreciable Adverse Effect on Competition (AAEC) in India
5.Exemption
6.Prohibition of Anti competitive agreement/ Cartel/bid rigging.
Comparative Law:
• Section 1 of Sherman Antitrust Act, 1890 & The Clayton Act, 1914
• Agreements, decisions and concerted practices under Article 101 of the TFEU
Required Readings:
2. Sherman Antitrust Act, 1890 & The Clayton Act, 1914
3. TFEU
UNIT – III
ABUSE OF DOMINANCE
8 hrs
1. Enterprise
2. Relevant Market
3. Dominance in Relevant Market
4. Abuse of dominance
5. Predatory Pricing.
Comparative Law:
• Section 2 of Sherman Antitrust Act, 1890
• Abuse of dominant position under Article 102 of the TFEU
Required Readings:
2. Sherman Antitrust Act, 1890 & The Clayton Act, 1914
3. TFEU
UNIT – IV
COMBINATIONS
8hrs
1. Merger, Acquisition, Amalgamation and Takeover
2. Horizontal, Vertical and Conglomerate Mergers
3. Combinations covered under the Competition Act, 2002
4. Regulations, Penalties.
Comparative Law:
• Merger Analysis under US Law
• European Community Merger Regulation
Required Readings:
UNIT – V
ESTABLISHMENT AND CONSTITUTION OF COMPETITION COMMISSION OF
INDIA
2 hrs
1. Powers and Functions
2. Jurisdiction of the CCI
226
3. Adjudication and appeals

4. Director General of Investigation (DGI)
5. Penalties and Enforcement.
Required Readings:
PART-B
THE CONSUMER PROTECTION ACT, 1986
UNIT – VI
INTRODUCTION TO CONSUMER PROTECTION LAW
2 hrs
1. Constitutional validity of the Consumer Protection Act, 1986
2. Object and Reasons, Scope and Applicability
3. Definitions- Complainants, C omplaint, C onsumer, D efect, D eficiency, G oods,
Manufacturer, Services, Spurious, Restrictive Trade Practice, Unfair Restrictive Trade
Practice.
Required Readings:
1. Consumer Protection Act, 1986
UNIT – VII
CONSUMER DISPUTE REDRESSAL AGENCIES: THREE-TIER-STRUCTURE
2 hrs
1. District C onsumer D ispute R edressal F orum - Constitution, P owers, J urisdiction,
Procedure, Appeals.
2. State C onsumer D ispute R edressal C ommission - Constitution, Powers, J urisdiction,
Procedure, Appeals.
3. National C onsumer D ispute R edressal C ommission - Constitution, P owers,
Jurisdiction, Procedure, Appeals.
4. Nature o f r elief w hich can b e provided b y t he consumer di spute r edressal a gencies
including Cease & Desist Order, Compensation and Corrective Advertisements etc.
Required Readings:
UNIT – VIII
MEANING AND SCOPE OF SERVICES
6 hrs
1. Splitting the definition of service into three parts- Main, Inclusionary, exclusionary i.e.
rendering of any service free of charge or under a contract of personal service
2. Medical S ervices r endered b y m edical pr actitioners, G overnment H ospital/ N ursing
Homes a nd P rivate Hospitals/ N ursing H omes- Whether s ervice r endered free o f
charge would make the patient a ‘ Consumer’?
227
Required Readings:
UNIT – IX
UNFAIR TRADE PRACTICES: MEANING AND SCOPE OF THE EXPRESSION “
UNFAIR TRADE PRACTICE”
4 hrs
1. General Definition - Unfair m ethod or unf air or de ceptive pr actice- Scope of
unfairness s tandard, D eceptive P ractice- Deceptive t o w hom- Basic R ules o f G eneral
Application f or de termining t he m eaning o f a r epresentation. T he pu ffing p rivilege
reference to section 5 of the U.S Federal Trade Commission Act, 1914.
2. Specific Categories of Unfair Trade Practices

(i) False and misleading representations occurring in connection with promotion of goods
and services such as:
• False R epresentation about p articular s tandard G rade, Q uality, Quantity,
Composition, Style and Model.
• False Representation that goods are new.
• False Representation that supplier has sponsorship or approval or affiliation.
• False and Misleading Representation Concerning the needs for or usefulness of any
Goods and Services.
• Misleading and illusionary Guarantees/ Warranties.
• Misleading statements concerning prices.
• False Representation
• Disparaging the Goods, Service or trade of others.
3. Bait Advertisings
4. Offers of Gifts, Prices and conduct of promotional contests and lotteries-
withholding information about results of schemes offering gifts/ prizes.
5. Non- compliance of standard prescribed to reduce risk of injury.
6. Hording/ Destructions of goods.
7. Manufacturing/ offering spurious goods.
Required Readings:
2. U.S Federal Trade Commission Act, 1914.
UNIT – X
THE CONSUMER PROTECTION BILL, 2015
4 hrs
1. Inclusion of services in product liability
2. Conditions to claim product liability
3. Unfair contracts
4. Consumer rights
5. Misleading advertisements
6. Consumer Disputes Redressal Commissions -Central Consumer Protection Authority,
Pecuniary jurisdiction of district commissions
7. Consumer Mediation Cell
8. Adulteration of products
228
9. Comparison of the 1986 Act with the 2015 Bill.

Required Readings:
2. Consumer Protection Bill 2015
Teaching Plan
Week 1:Unit I
Week 2:Unit II
Week 3: Unit II
Week 4: Unit III
Week 5: Unit III
Week 6: Unit IV
Week 7: Unit IV
Week 8: Unit V + Unit VI
Week 9: Unit VII + Unit VIII
Week 10: Unit VIII
Week 11: Unit IX
Week 12: Unit X
Week 13: Class Presentations

1. The students would be Lectures to be As given below.
oriented towards the delivered
subject area of competition
law and be familiar with its
development through the
years.
2. The students would be able Lectures to be As given below.
to recognise and appraise delivered
key conceptual principles
of anti-competitive
agreements.
to recognise and appraise delivered
of abuse of dominant
position in relevant
markets.
to recognise and appraise delivered.
of combinations.
to recognise the structure delivered.
and functions of the
Competition Commission
229
of India as well as its

enforcement mechanisms.
to understand the basics of delivered.
Consumer Protection Law
7. The students would be Lectures to be As given below.
oriented towards the delivered.
subject area of consumer
protection law and be
familiar with its
development through the
years.
to recognise the structure delivered.
and functions of the
various consumer
protection fora.
to critically analyse the delivered.
expanse of the unfair trade
practices.
to identify and critically delivered.
analyse the differentiating
factors of the Consumer
Protection Bill from the
Consumer Protection Act.

Presentations)
IMPORTANT NOTE:
Committee o f t eachers t eaching t he C ourse shall b e at liberty to r evise th e
***********
230
Semester III
Course Name: Interpretation and Drafting of Treaties and Legislations
Course Objectives:
(a) The primary objective of this course is to introduce students to the law of treaties.
(b) In doi ng s o, t he effort w ould be t o acquaint s tudents w ith i nternational l aw
instruments and practices, diverse literature on t he subject and the cases decided b y
the international courts and tribunals.
(c) The purpose of this course, however, is not limited to accumulating information from
different sources rather to understand and develop critical perspectives on the law of
treaties. The teaching method would primarily adopt, though would not limit itself to,
the critical third world approaches to international law.
(d) In addition, one of the objectives is to develop a peer group of students interested in
the law of treaties, and provide a platform for rigorous engagement on the subject.
(e) Significantly, it aims to encourage research on diverse aspects of the law of treaties.

At the completion of the course, the students will be able to:
(a) Understand different aspects of the law of treaties, its development and application.
(b)Develop critical perspectives on the law of treaties, particularly a third world
perspective.
(c) Understand and critically analyze India’s treaty practice.
(d)Acquaint and engage themselves with the works of international law scholars working
on the law of treaties.
(e) Develop research skills and appreciate the contemporary debates on the law of
treaties.
CONTENTS:
Unit 1: Introduction to the law of treaties
(a) Evolution of international law and the role of treaties

(b) Colonialism and the law of treaties
i. Unequal treaties
(c) Sources of international law with a particular focus on treaties
i. Proces-Verbaux of t he P roceedings of t he Advisory C ommittee of J urists with
Annexes (16 June 1920 - 24 July 1920)
ii. United Nations Conference on International Organization (San Francisco, 1945)
iii. Article 38 of the Statute of the International Court of Justice and its scope
(d) Development of the Law of Treaties: An Overview
231
i. Havana Convention on the Law of Treaties (1928)

ii. Harvard Draft Convention on the Law of Treaties (1935)
iii. Work of the International Law Commission (1949-1966)
iv. United N ations C onference on t he Law o f T reaties ( Vienna, 26 M arch–24
May 1968 and 9 April–22 May 1969)
v. United N ations C onference o n t he Law o f T reaties b etween S tates a nd
International Organizations or between International Organizations (Vienna,
18 February — 21 March 1986)
(e) Definition of treaty
i. Treaties b etween s tates an d i nternational o rganizations o r b etween
international organizations
ii. Can non-state actors make treaties?
iii. Secret treaties
iv. Unsigned treaties
v. Memorandum of Understanding; Exchange of notes
(f) Concept of treaty
i. Contractual analogy in law of treaties
ii. Theory and significance of Pacta Sunt Servanda
iii. Principle of good faith
Unit 2: Process of Treaty-making, Conclusion and Entry into force
(a) Duty to negotiate in good faith

(b) Process of treaty-making
(c) Consent to be bound by a treaty
i. Signature
ii. Act of ratification – Need and significance
iii. Accession or Adhesion to treaties
(d) Obligations prior to entry into force
(e) Entry into force of treaties and its effects
Unit 3: Scope of treaty obligations
(a) Reservation to treaties and its effect on states’ obligations

i. Work of the ILC on the reservations to treaties
ii. Reservations to human rights treaties
(b) Treaty obligations on third party/parties
(c) Observance of treaties and internal law
Unit 4: Interpretation, conflict, revision of treaties
232
(a) Interpretation of treaties

i. Discussions i n t he U nited N ations C onference on t he Law of T reaties
(Vienna, 26 March–24 May 1968 and 9 April–22 May 1969)
ii. The Role of subsequent agreement and subsequent practice
iii. ILC work on t he subsequent agreements and subsequent practice in relation to
interpretation of treaties
iv. Principle of systemic integration
v. Significance of travaux preparatoires in the interpretation of treaties
vi. ILC work on the Fragmentation of international law
(b) Conflict of treaties
i. Conflict between Article 103 of the UN Charter and a treaty
(c) Conflict between customary international law and treaties
(d) Revision, amendment and modification of treaties
Unit 5: Legal aspects of invalidity, termination and suspension of treaty

obligations
(a) Invalidity of treaties

i. Effect of municipal law, error, fraud, corruption, coercion
ii. Peremptory norms of general international law (jus cogens)
1) What is jus cogens?
2) Identification
3) Illustrations
4) Work of t he ILC on t he P eremptory no rms of general i nternational
law (jus cogens)
5) Conflict between Article 103 of the UN Charter and jus cogens.
(b)Termination of treaties
i. Lex generalis
ii. Denunciation of human rights treaties
iii. Termination of bilateral investment treaties [with India as a case study]
iv. Municipal la w a nd d enunciation o f tr eaties [ Brexit; Withdrawal o f S outh
Africa from the Rome Statute]
(c) Suspension of the operation of treaties
(d)Effects of armed conflicts on treaties
i. ILC work on the Effects of Armed Conflicts on Treaties
Unit 6: Inadequacies of the Vienna Convention on the law of treaties
(i) Limitations of the Vienna Convention on the law of treaties

(ii) Law of treaties beyond the Vienna Convention on the law of treaties
233
Unit 7: Treaty practice of India
(a) Constitution of India and international law

(b)Implementation of international law in India
(c) Constitution of India and treaty making powers
(d)Indian courts and the law of treaties
Prescribed Books:
(a) Anthony A ust, Modern Treaty Law and Practice, (3 rd edn., C ambridge
University Press 2018)
(b) J K labbers, The Concept of Treaty in International Law (Kluwer L aw
International 1996)
(c) M Fitzmaurice and Olufemi Elias, Contemporary Issues in the Law of Treaties
(Eleven International Publishing 2005)
(d) Robert Kolb, The Law of Treaties: An Introduction (Edward Elgar 2016)
(e) T O Elias, The Modern Law of Treaties (Oceana Publications 1974)
Reference Books:
(a) Christian J Tams, Antonios Tzanakopoulos, Andreas Zimmermann and Athene

E. R ichford (eds), Research Handbook on the Law of Treaties (Edward E lgar
2016)
(b) Duncan B Hollis, The Oxford Guide to Treaties (Oxford University Press 2012)
(c) J Klabbers and R Lefeber (eds), Essays on the Law of Treaties: A Collection of
Essays in Honour of Bert Vierdag (Martinus Nijhoff 1998)
(d) Mark E V illiger, Commentary on the 1969 Vienna Convention on the Law of
Treaties (Brill 2008)
(e) Mark E Villiger, Customary International Law and Treaties: A Manual on the
Theory and Practices of the Interrelation of Sources (2nd rev edn, Kluwer Law
International 1997)
(f) Martii Koskenniemi (ed), Sources of International Law (Routledge 2000)
(g) O’Connor, Good Faith in International Law (Darmouth 1991) 124.
(h) Oliver Dörr and Kirsten Schmalenbach (eds), Vienna Convention on the Law of
Treaties: A Commentary (Springer 2012)
(i) Olivier C orten and P ierre K lein (eds), The Vienna Conventions on the Law of
Treaties: A Commentary (Oxford University Press 2011)
(j) Paul Reuter, Introduction to the Law of Treaties (2nd edn., Routledge 1995)
(k) Richard G ardiner, Treaty Interpretation (2nd edn., O xford U niversity P ress
2017)
(l) Seyed Ali Sadat-Akhavi, Methods of Resolving Conflicts between Treaties (Brill
2003)
234
(m) Surabhi Ranganathan, Strategically Created Treaty Conflicts and the Politics of
International Law (Cambridge University Press 2014)
(n) Wolfrum, R. and Roben, V. (eds), Developments of International law in Treaty
Making (Springer 2005)
Prescribed Conventions:
(a) Charter of t he U nited Nations ( adopted 26 J une 1945, e ntered i nto f orce 24
October 1945) 1 UNTS XVI.
(b) Rome Statute of the International Criminal Court (adopted 17 July 1998, entered
into force 1 July 2002) 2187 UNTS 3.
(c) Statute of the International Court of Justice (signed 26 J une 1945, e ntered into
force 24 October 1945) 1 UNTS XVI.
(d) Statute o f th e P ermanent C ourt o f International J ustice ( 16 D ecember 1920)
(1923) UKTS 23.
(e) Vienna C onvention on S uccession of S tates i n respect of Treaties ( adopted 23
August 1978, entered into force 6 November 1996) 1946 UNTS 3.
(f) Vienna Convention on t he Law of Treaties (adopted 22 M ay 1969, entered into
force 27 January 1980) 1155 UNTS 331.
(g) Vienna C onvention on t he Law of T reaties b etween S tates a nd International
Organizations or be tween International O rganizations 1986 ( (1986) 2 5 ILM
543).
Works of the International Law Commission
[For a comprehensive understanding of the diverse issues, links to the analytical guide
containing all the ILC documents on a given work is mentioned below]
(a) Analytical G uide t o t he W ork of t he International Law C ommission on

Subsequent a greements a nd s ubsequent pr actice in r elation to in terpretation o f
treaties (2008-present) <http://legal.un.org/ilc/guide/1_11.shtml>
(b) Analytical Guide to the Work of the International Law Commission on the Law
of treaties (1949-1966) <http://legal.un.org/ilc/guide/1_1.shtml>
(c) Analytical G uide t o t he W ork of t he International Law C ommission on t he
Identification o f customary in ternational la w( 2012-present)
<http://legal.un.org/ilc/guide/1_13.shtml>
(d) Analytical G uide t o t he W ork of t he International Law C ommission on
Peremptory nor ms of general i nternational l aw ( Jus cogens) ( 2016-present)
235
(e) Analytical G uide t o t he W ork of t he International Law C ommission on t he

Succession o fS tates i nr espect of t reaties ( 1968-1974)
(f) Analytical Guide to the Work of the International Law Commission on the
(g) Analytical G uide t o t he W ork of t he International Law C ommission on t he
Reservations to treaties (1993-2011) <http://legal.un.org/ilc/guide/1_8.shtml>
(h) Effects o f ar med co nflicts o nt reaties ( 2004-2011)
(i) Report of the S tudy Group of t he International Law C ommission [ ILC]
Finalized b y M artti K oskenniemi, Fragmentation of International Law:
Difficulties Arising from the Diversification and Expansion of International
Law, UN doc A/CN.4/L.682 (13 April 2006)
Other documents
(a) Constitution of India, 1950

(b) Declarations r ecognizing t he j urisdiction of t he C ourt a s c ompulsory: India
<https://www.icj-cij.org/en/declarations/in>
(c) Documents of t he U nited N ations Conference o n International O rganization, vo l
XIV (San Francisco, 1945)
(d) Documents of t he U nited N ations C onference o n International O rganization, vo l
XIII (San Francisco, 1945)
(e) Draft-Scheme f or t he Institution of t he P ermanent C ourt of International J ustice
mentioned in article 14 of the Covenant of the League of Nations presented to the
Council of the League by the Advisory Committee of Jurists (1920)
(f) Proces-Verbaux of th e Proceedings o f th e A dvisory C ommittee o f J urists w ith
Annexes (16 June 1920 - 24 July 1920)
Prescribed Articles:
(a) A A ust, ‘ The T heory and P ractice of Informal International Instruments’, 35

Int’l Comparative L Quarterly (1986) 787
(b) Andreas L Paulus, ‘Jus Cogens in a Time of Hegemony and Fragmentation: An
Attempt at a Reappraisal’, 74 Nordic J Int’L L (2005) 297
(c) B S Chimni, ‘An Outline of a Marxist Course on Public International Law’, 71
Leiden J of Int’l L (2004) 1
(d) C H H yde, ‘The Interpretation of T reaties by t he P ermanent C ourt of
International Justice’, 24 American J Int’L L (1930) 1
(e) C R edgwell, ‘ Universality o r Integrity? S ome R eflections o n R eservations to
General Multilateral Treaties’, 64 British Yearbook Int’l L (1993) 245
236
(f) C W J enks, ‘ Conflict of Law-Making T reaties’, 30 British Yearbook Int’L L

(1953) 401
(g) Campbell Mc Lachlan, ‘The Principle of Systemic Integration and Art 31(3)(c)
of the Vienna Convention’, 54 Int’l Comp L Quarterly (2005) 279
(h) Curtis A B radley, ‘ Unratified T reaties, D omestic P olitics, a nd th e U.S.
Constitution’, 48 Harvard Int’l L J (2007) 307
(i) D P M yers, ‘The N ames and Scope of Treaties’, 51 American J Int’l L (1957)
574
(j) Duncan B Hollis, ‘Why State Consent Still Matters- Non-State Actors, Treaties,
and t he C hanging S ources of International Law’, 23 Berkeley J Int'l L (2005)
137.
(k) G G aja, ‘ A “N ew” V ienna C onvention o n Treaties b etween S tates an d
International O rganizations o r b etween International O rganizations: A C ritical
Commentary’, 58 British Yearbook Int’L L (1987) 253
(l) Gary L S cott, a nd C raig L. C arr, ‘ Multilateral T reaties a nd th e F ormation o f
Customary International Law’, 25 Denv J Int'l L & Pol'y (1996-1997) 71.
(m) H Wehberg, ‘Pacta Sunt Servanda’, 53 American J Int’l L (1959) 775
(n) Harvard Study, ‘Draft Convention on t he Law of Treaties’, 29 American J Int’l
L (Supp. 1935) 652, 712
(o) I D etter, ‘ Problem of U nequal T reaties’, 15 Int’l Comp. L Quarterly (1966)
1069
(p) J K K oh, ‘ Reservations to M ultilateral T reaties: H ow International L egal
Doctrine Reflects World Vision’, 23 Harvard Int’l L J (1982) 71
(q) J K labbers ‘ How t o D efeat a T reaty’s O bject a nd P urpose P ending E ntry i nto
Force: Towards Manifest Intent’, 34 Vanderbilt J Transn’l L (2001) 283
(r) John K ing G amble & K evin B elknap, ‘The E mergence o f a P acific or Asia-
Pacific R egion i n M ultilateral T reaty M aking: A 500 year P erspective’, 12
Australian L J (2005) 17
(s) K W iddows, ‘ What i s a n International A greement i n International Law?’, 50
BritishYearbook Int’l L (1979) 117
(t) Mark A. Weisburd, ‘Customary International Law: The Problem of Treaties’, 21
Vanderbilt J of Trans L (1988) 1.
(u) Mathew C raven, ‘ What H appened t o U nequal Treaties? T he C ontinuities of
Informal Empire’, 74 Nordic J of Int’L L (2005) 335
(v) Myres S McDougal, ‘The International Law Commission’s Draft Articles upon
Interpretation Textuality Redivivum’, 61 American J Int’l L (1967) 992
(w) O L issitzyn, ‘ Treaties a nd C hanged C ircumstances ( Rebus Sic Stantibus)’, 61
American J Int’l L (1967) 895
(x) R Kearney & R Dalton, ‘The Treaty on Treaties’, 64 American J Int’l L (1970)
495
(y) R P A nand, ‘Reservations t o M ultilateral C onventions’, 1 Indian J Int’l L
(1960) 84
(z) R R Baxter, ‘International Law in “Her Infinite Variety”’, 29 Int’l Comparative
LQuarterly (1980) 549
237
(aa) Srinivas Burra, ‘India's Reservations to Human Rights Treaties’, 44 Indian J of

Int’l L (2004) 749
(bb) Yogesh Tyagi, ‘The conflict of law and policy on reservations to human rights
treaties’ 71 British Yearbook of Int’l L (2000) 181
(cc) Yogesh T yagi, ‘ The D enunciation of H uman R ights T reaties’, 79 British
Yearbook of Int’l L (2008) 86
(dd) Yoram Dinstein, ‘ The Interaction be tween C ustomary International Law a nd
Treaties’, 322 Recueil des Cours (2006) 242.
Prescribed Cases:
(a) Advisory Opinion on Reservations to the Genocide Convention, ICJ Rep.( 1951)
15
(b) Advisory Opinion on the Competence of the General Assembly on Admission of
a State to the U.N., ICJ Rep. (1950) 4
(c) Advisory Opinion on the Interpretation of the Agreement of 25 March 1951
between the W.H.O. and Egypt, ICJ Rep. (1980) 73
(d) Anglo-Iranian Oil Co. Case, ICJ Rep. (1952) 93
(e) Appeal Relating to the Jurisdiction of the I.C.A.O. Council (India v. Pakistan),
ICJ Rep. (1972) 46
(f) Belilos v. Switzerland, Eur. Court H.R., Series A, Vol.132 (1988)
(g) Bhavesh Jayanti Lakhani v.Stateof Maharashtra & Others JT ( 2009) 11 SCC
279
(h) Blackburnv. A.G. (1917) 2 All ER 1380
(i) Case Concerning Oil Platforms (Iran v. U.S.A,), 42 Int’l Legal Materials (2003)
1334
(j) Case Concerning the Gabcikovo- Nagymaros Project (Hungary v. Slovakia),
ICJ Rep. (1997) 7
(k) Certain Norwegian Loans (France v. Norway), ICJ Rep. (1957)
(l) Committee of US Citizens Living in Nicaraguav. Reagan,83 American J Int’l L
(1989) 380
(m) D.K.Basu v. State of West Bengal (1997)1 SCC 416
(n) Democratic A lliance v Minister of International R elations a nd C ooperation a nd
Others ( Council f or t he A dvancement of t he S outh A frican C onstitution
Intervening) (83145/2016) [2017] ZAGPPHC 53
(o) Divya Pharmacy v. Union of India and Ors, MANU/UC/0940/2018 ( 21
December 2018)
(p) Factory of Chorzow case,1927PCIJ Series A, No. 9, p. 31
(q) Fishery Jurisdiction Cases, ICJ Rep. (1973) 49
(r) Free Zones of upper Savoy and the District of Gex, 1932 PCIJ Series A/B, No.
46
(s) In re Berubari Union No. (I)(1960) 3 SCR 250
238
(t) Justice K.S.Puttaswamy(Retd) v Union Of India (2017) 10 SCC 1

(u) Land and Maritime Boundary between Cameroon and Nigeria, ICJ Rep. (2002)
303
(v) Legality of the Use of Force (Yugoslavia v. USA), Provisional Measures Order,
ICJ Rep. (1999) 916
(w) Maritime Delimitations and Territorial Questions Between Qatar and Bahrain
(Merits), ICJ Rep. (2001) 40
(x) Maritime Delimitations and Territorial Questions Between Qatar and Bahrain
(Jurisdiction No.2), ICJ Rep. (1995) 6
(y) North Sea Continental Shelf cases, ICJ Rep. (1969) 97
(z) Nuclear Test cases(Australia v. France; New Zealand v. France) ICJ R ep.
(1974) 253, 457
(aa) Obligations concerning Negotiations relating to Cessation of the Nuclear Arms
Race and to Nuclear Disarmament (Marshall Islands v. India) IC Rep. (2016)
255.
(bb) Oil Platforms (Preliminary Objections) Case, ICJ Rep. (1996) 803
(cc) Prosecutor v. Dusko Tadic (Judgement of Appeals Chamber of ICTY), 38 Int’l
Legal Materials (1999) 1518
(dd) R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
(ee) R v. Bow Street Metropolitan Stipendiary Magistrate and others ex p Pinochet
Ugarte (No. 3) (1999) 2 All ER 97; 38 Int’l Legal Materials (1999) 581
(ff) Ram Kishore Senv. Union of India(1966) 1 SCR 430
(gg) Reparations for Injuries suffered in Service of the U.N., ICJ Rep. (1949) 174
(hh) Request for Interpretation of the Judgment of 15 June 1962 in the Case
Concerning the Temple of Preah Vihear (Cambodia v. T hailand) [ Request f or
indication of Provisional Measures] (2011) ICJ
(ii) Right of Passage over Indian Territory (Preliminary Objections) (Portugal v.
India), ICJ Rep. (1957)
(jj) Sei Fujiv. State of California (Supreme C ourt of C alifornia), 1952, 38
California (2nd Series), p. 718, 242
(kk) Temple of Preah Vihear, ICJ Rep. (1962) 6
(ll) Territorial and Maritime Dispute between Nicaragua and Honduras in the
Caribbean Sea (Nicaragua v. Honduras), ICJ Rep. (2007)
(mm) The Wimbledon Case (France, Italy, Japan and the U.K. v. Germany),
(1923) P.C.I.J. Reports, Series A, No.1
(nn) UK/French Continental Shelf Arbitration, 54 Intern’l L Reports (1978) 6
(oo) Union of Indiav. Sukumar Sen GuptaAIR 1990 SC 1692
(pp) United States Diplomatic and Consular Staff in Tehran, ICJ Rep. (1980) 3
TEACHING PLAN:
Week One: Present the overview of the course; explain the teaching methodology and plan;
discuss and identify the expectations of the students from the course
239
Week Two: Evolution of international law and the role of treaties; colonialism and the law
of treaties
Week Three: Sources o f in ternational la w w ith p articular f ocus o n tr eaties; d efinition o f

treaty; concept of treaty.
Week Four: Process of treaty making, conclusion and entry into force
Week Five: Parties to treaties; Reservation to treaties and its effect on obligations
Week Six (First lecture): Treaty obligations on third party/parties; Observance of treaties
and internal law
Week Six (Second lecture): Conflict of treaties; Conflict between customary international
law and treaties
Week Seven (First lecture): Revision, amendment and modification of treaties
Week Seven (Second lecture): Interpretation of treaties
Week Eight: Legal aspects of invalidity, denunciation and suspension of treaty obligations
Week Nine: Legal aspects of invalidity, denunciation and suspension of treaty obligations
Week Ten: Inadequacies of the Vienna Convention on the law of treaties
Week Eleven: Treaty practice of India
Week Twelve: Discuss t he out come of t he course; ge t s tudents’ f eedback f or t he

improvement of the course and teaching methodology.
Week Thirteen-Fifteen: Class Presentations/Revision

1. Understand different Lectures; classroom As given below.

aspects of the law of presentations and
treaties, its development discussion
and application
2. Develop critical Lectures; classroom As given below.

perspectives on the law of presentations and
treaties, particularly a third discussion; Inviting
world perspective experts subject to the
University rules
3. Acquaint and engage Lectures; classroom As given below.
240
themselves with the works presentations and

of international law discussion; Inviting
scholars working on the experts subject to the
law of treaties University rules
4. Develop research skills and Lectures; classroom As given below.

appreciate the presentations and
contemporary debates discussion; Inviting
regarding the law of experts subject to the
treaties University rules

Presentations)
IMPORTANT NOTE:
1. The t opics, cases a nd s uggested r eadings given a bove a re not e xhaustive. T he
2. S tudents a re r equired to s tudy/refer to th e le gislations a s a mended f rom time t o
***********
241
Semester III/ Semester V

Course Name: International Economic Law, Trade and Diplomacy
Learning Objectives
(1) To i mpart s tudents with an overview of t he l egal foundations of i nternational economic
and trade law as well as the current issues on the subject
(2) To enable students to apply fundamental principles of International Economic and Trade
Law in view of the treaty provisions, leading decisions of international courts and tribunals
(3) To impart students with the modes of addressing issues of International Economic, Trade
and Investment s ystems in th eir in ter-disciplinary p erspective – economic, p olitical a nd
ethical aspects
(4) T o e nable s tudents t o a cquire und erstanding on t he l egal f oundations of i nternational
financial and monetary institutions
Learning Outcomes
(1) Students are expected to be able to identify t he major strands of international economic
and trade law
(2) S tudents w ould be able t o unde rstand t he operation of t he W TO, IMF, W orld Bank,
UNCTAD, UNCITRAL, MIGA etc. and how to use these fora
(3) S tudents w ould u nderstand d eeply t he interplay of hum an rights, s ustainable
development, labour law with the international trade, investment and economic law
CONTENT:
TOPIC – I
INTRODUCTION
(i) Meaning, Nature and Sources of International Economic Law
(ii) The Policies and Realties of International Economic Law in the Global Context
(iii) Introduction to Multinational Corporations and International Investment Law
(iv) Trade and Its Linkages to Environment Protection
Required Readings:
1. Charter o f t he U N (Preamble, P urposes, G eneral A ssembly P owers, C hapter

IX)
242
2. Koul, A .K. ( 1986), T he United N ations a nd t he I nternational E conomic Co-

operation for a Better Future, In Saxena, J.N., Singh, G. & Koul A.K. (ed.) United
Nations For a Better World, Lancers Books, Delhi
3. Koul, A .K. ( 1977), The Legal Framework of UNCTAD in World Trade,
BRILL, (digitized in 2007), available online at http://goo.gl/5I692E
4. Cutler, A . C laire, ( 2008), “ Towards a R adical P olitical E conomy C ritique of
Transnational Economic Law”, In M arks, S usan (ed.), International Law On the
Left: Re-examining Marxist Legacies, Cambridge University Press, UK
TOPIC – II
FOUNDATIONS OF INTERNATIONAL ECONOMIC LAW
(i) Developing States and International Economic Relations
(ii) Permanent Sovereignty over Natural Resources
(iii) New International Economic Order
(iv) Economic Rights and Duties of States; Issues relating to Transfer of Technology
and Transnational Corporations
Required Readings:
1. GA Res. 1803 on Permanent Sovereignty over Natural Resources, 1962

2. G A R es. 3201 on D eclaration on t he E stablishment of a N ew International E conomic
Order (NIEO), 1974
3. GA Res 3202 on Program of Action on the Establishment of a NIEO, 1974
4. Charter of Economic Rights and Duties (CERDS), 1974
5. GA Res. 41/128 on Right to Development, 1986
6. Rao, P.C. (1975), “Charter of Economic Rights and Duties of States”, 15 Indian J Int’l L
(15) 35
7. Dubey, M. (1976), “Problems of Establishing a New International Economic Order”, 32
India Quarterly (3) 269
TOPIC – III
INTERNATIONAL TRADE LAW-I
(i) Evolution of World Trade Organization – 1947 to 1995
(ii) Institutional Framework of WTO
(iii) Most-Favored Nation (MFN) Treatment and National Treatment
(iv) Tariffs, Bound Rates, TBT, SPS, Labour Standards
243
Suggested Materials
1. The s tudents s hould dow nload t he a bove GATT a nd W TO A greements f rom t he

website w ww.wto.org. a nd s tudy t he A greements m inutely a s t hese agreements a re
highly complex bordering on s o many issues both tariff and non-tariff. The Full Text
of t he U RUGUAY R OUND, 1994 c an be f ound i n International Legal Materials
available in the Law Library.
2. Bhala, R aj ( 2019), International Trade Law: A Comprehensive Textbook (4
Volumes), (5th ed.), Carolina Academic Press, USA
3. Choukroune, L. ( 2014), “ National T reatment R econsidered: U pholding S tate
Sovereignty in I nternational Trade a nd I nvestment L aw”, 54 Indian Journal of
International Law 283-316
4. Pratap, R . ( 2009), “ India, W TO A nd A lcoholic B everages”, 49 Indian Journal of
International Law 88-94
5. Das, K . ( 2008), “Coping w ith S PS C hallenges i n India: W TO a nd Beyond”, 11
Journal of International Economic Law (4) 971-1019
TOPIC – IV
INTERNATIONAL TRADE LAW-II
(i) Subsidies and Countervailing Measures (SCM)

(ii) Dumping and Anti-dumping Duties
(iii) Trade in Services (GATS), Trade Related Aspects of Intellectual Property Rights
(TRIPS), Trade Related Investment Measures (TRIMS)
(iv) Emerging Trends: Multilateralism or Regionalism
Suggested Materials
1. Jackson, J ohn H . ( 2000) Jurisprudence of GATT and WTO, C ambridge University

Press, USA
2. Koul, A.K. (2005), GATT and WTO, Satyam Law International, New Delhi
3. Jackson, John H. (1969), World Trade and the Law of GATT, Bobbs Merrill Co.
4. Mitsuo M atsushita, T homas J . Shoenbaum a nd P etros C . M avroidis ( 1998), WTO –
Law, Practice and Policy, Oxford University Press
5. Zin, S.M. & Kazi, A.U.S., (2011), “Environment Exceptions under Article XX of the
General A greement on Tariffs and T rade (GATT): T he S ignificance o f C ustomary
International Law a nd i ts R ole i n t he World T rade O rganization ( WTO) D isputes
Settlement in the Twenty First Century”, 51 Indian Journal of International Law 1-20
6. Bhala, Raj (2019), International Trade Law: A Comprehensive Textbook (4 Volumes),
(5th ed.), Carolina Academic Press, USA
TOPIC – V
244
DISPUTE SETTLEMENT MECHANISM

AND INTERNATIONAL COMMERCIAL ARBITRATION
(i) Dispute Settlement Mechanism of WTO

(ii) Consultation; Panel and Appellate Review; Compliance and Enforcement
(iii) International Commercial Mediation & Arbitration: UNCITRAL, ICC & ICSID
(iv) Recognition and Enforcement of Agreements and Awards
Suggested Materials:
1. Koul, A.K. (2005), GATT and WTO, Satyam, New Delhi

2. Babu, R.R. (2010), “Interpretation Of The WTO Agreements, Democratic Legitimacy
And Developing Nations”, 50 Indian Journal Of International Law (2010) 45-90
3. Koul, A.K. (2003), “WTO Dispute Settlement Mechanisms: A Fresh Look”, 25 Delhi
Law Review (2003) 67-102
4. Mitsuo Matsushita, Thomas J . S hoenbaum and Petros C . M avroidis, (1998), WTO–
Law, Practice and Policy, Oxford University Press
5. Prasad, R . ( 2013), “ The M auritian International A rbitration A ct 20 08: Is It A
Platform for International Commercial Arbitration?”, 37 Delhi Law Review 134-148
6. The S tudents s hould s tudy i n de tail U N C onvention on International S ettlement
Agreements R esulting from M ediation, 2019, U NCITRAL Arbitration R ules; ICC
Arbitration Rules; and ICSID Arbitration Rules.
TOPIC – VI
INTERNATIONAL INVESTMNENT & LEGAL REGULATION OF
TRANSNATIONALS CORPORATIONS
(i) Transnational Corporations; Its advantages and disadvantages; Code of

Conduct
(ii) Standard Investment Treaties
(iii) Model Bilateral Investment Treaties
(iv) Dispute Settlement
1. International Convention on Settlement of Investment Disputes, 1965

2. Convention Establishing the Multilateral Investment Guarantee Agency (MIGA),
1985
3. Jha, L .K. ( 1970), “ Multinationals a s a S ource of T echnology- For D eveloping
Countries” India Quarterly (33) 49
245
4. Shihata, I.F.I. ( 1986) “Towards a G reater P oliticization of Investment D isputes:

The Roles of ICSID & MIGA, 1 ICSID Review: Foreign Investment Law Journal
1-15
5. Koul, A .K., ( 1981) “ The M NCS: W hether B onanza or a S ource of Illusions f or
the Developing Countries” 2 Review of Contemporary Law 11-30, Brussels
6. Sangal, P .S. ( 1981) National and Multinational Companies: Some Legal Issues,
(Distributed by N.M. Tripathi, Bombay)
7. Jayagovind, A. (1975) “Report of the Group of Eminent Persons on Multinational
Corporations: An Analysis” Indian J Int’l L 521
8. Martin J erge ( 1994) “ Foreign M ultinational C orporations a nd U .S. A ntidumping
Law,” 28 (4) Journal of World Trade (1994) 67-82.
TOPIC – VII
INTRNATIONAL MONETARY LAW
(i) International Monetary Law and the International Monetary Fund (IMF)
(ii) Code of Multilateral system of Payments under article VIII of the IMF Articles of
Agreement
(iii) International Liquidity and the SDR
(iv) Role of Conditionality
(v) The International B ank f or R econstruction a nd D evelopment ( IBRD) a nd i ts
affiliates International Finance Corporation (IFC) and International Development
Agency (IDA)
1. Head, J . (2008), Losing the Global Development War: A Contemporary Critique

of the IMF, The World Bank, And the WTO, Brill Nijhoff
2. Chatterjee, A . ( 2016), “ Jaitley C alls f or IMF Q uota R eforms, Increase i n W orld
Bank Capital”, India Today News, available at http://goo.gl/CEfRHR
3. Corrado P irzio, ( 1983) “Making S ense of t he IMF c onditionality Debate”, 17
American Journal of International Law 115-153
4. Richard G erster ( 1982), “ The IMF a nd t he B asic N eeds C onditionality”, 16
Journal of World Trade 497-517.
5. Siegel, D .(2005), Legal Aspects of the IMF/WTO Relationship: The IMF’s
Articles of Agreement and the WTO Agreements, C urrent D evelopments i n
Monetary & Financial Law, Vol. 3, International Monetary Fund
6. F inger, J .M. & Other ( 1980), “The C ompensatory Financing Facility and t he E xport
Stability”, 14 Journal of World Trade 14-22.
246
Note: A s s tudents of t his s ubject, i t i s i mperative t o c onsult J ournal of World

Trade, publ ished f rom London a nd i s a vailable i n t he Library of t he Faculty o f
Law, and find leading articles on this topic
Weekly Plan of Teaching

Weeks 1-2: Topic 1
Weeks 3- 5: Topic 2
Week 6-8: Topic 3
Weeks 9-10: Topic 4
Week 13: Topic 6
Unit No Course Learning Teaching and Assessment Tasks

Outcomes Learning Activity
1. Understanding t he Lectures, C lass As given below.
various Presentations,
terminologies o f Discussions.
economic an d t rade
law; s ources of
international
economic an d t rade
law
2 Understanding t he Lectures, C lass As given below.
foundations a nd Presentations,
importance o f Discussions.
developing
countries’ a pproach
to in ternational
economic law
3 Applying t he Lectures, C lass As given below.
concepts o f Presentations,
international tr ade Discussions.
law as en shrined i n
the WTO
247

students t o Presentations,
understand t he Discussions.
concept o f
‘subsidies’,
‘dumping’ a nd t he
remedies av ailable
under i nternational
and national law
5 Enable t he s tudents Lectures, C lass As given below.
to u se co mmercial Presentations,
arbitration a nd Discussions.
mediation to resolve
commercial
disputes; also t o us e
the D SB P anel o f
WTO
6 Students w ould be Lectures, C lass As given below.
able t o unde rstand Presentations,
the i mportance of Discussions.
multinational
companies an d t he
basics o f
international l aw on
investment v is-à-vis
developing
countries
students to know the Presentations,
monetary p olicies Discussions.
adopted b y t he
world c ommunity
and t he i nterests of
developing
countries

Presentations)
248
IMPORTANT NOTE:
***********
249
Semester III
Course Name: Environmental Law
Course Objectives:
The objective of this course will be to
(i) understand and critically evaluate the role of multilateral environmental
agreements (MEAs) and national environmental laws in protecting
environment and promoting sustainable development;
(ii) analyze the central role played by environmental laws and policies in national
planning and environmental governance;
(iii) assess the effectiveness of the legal mechanisms and fundamental principles
that help environmental decision making and delivery of environmental
justice.

At the end of this course, the students will be able to
(i) understand the contribution of international environmental laws and the
national measures for protecting environment and achieving sustainable
development;
(ii) evaluate the environmental laws and policies in India, environmental
constitutionalism, shaping of environmental laws and policies to meet the
contemporary needs and their implementation;
(iii) analyse the functioning of institutional structures for environmental
governance, liability regimes and environmental justice delivery.
Contents:
UNIT 1. INTERNATIONAL ENVIRONMENTAL LAW

A. INTERNATIONAL MEASURES TO PROJECT GLOBAL ENVIRONMENT
sic utere tuo ut alienum non laedas
Trail Smelter Arbitration Case, 33 AJIL (1939), 182; 35 AJIL (1941) 684
UN Conference on Human Environment (UNCHE), 1972
— Stockholm Declaration, 1972
World Charter for Nature, 1982
Montreal Protocol to Prevent the Depletion of Ozone Layer, 1987 as amended;
Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade (1998).
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and their Disposal, 1989;
UN Conference on Environment and Development (UNCED), 1992.
250
- Rio Declaration, 1992

- Agenda 21
- Forest Principles, 1992
The Convention on Biological Diversity, 1992; Cartagena Protocol on Biosafety,
2000 –Nagoya Protocol on Access and Benefit Sharing, 2010; Nagoya Kuala Lumpur
Supplementary Protocol on Liability and Redress relating to Living Modified
Organisms, 2010
UN F ramework C onvention on C limate C hange, 1992; K yoto P rotocol, 1997,
Paris Agreement, 2015.
Convention on A ccess t o i nformation, P ublic P articipation i n D ecision-making an d
Access to Justice in Environmental Matters, 1998 (Aarhus Convention)
Basel Protocol on Liability and Compensation, 1999
Stockholm Convention on Persistent Organic Pollutants, 2001
B. INTERNATIONAL ENVIRONMENTAL INSTITUTIONS

United Nations Environment Programme (UNEP) – UN Environment
United National Development Programme (UNDP)
Global Environment Facility (GEF)
World Conservation Union (IUCN)
Readings:
1. Trail Smelter Arbitration Case, 33 AJIL (1939), 182; 35 AJIL (1941) 684
2. Stockholm Declaration, 1972
3. World Charter for Nature, 1982
4. Montreal Protocol to Prevent the Depletion of Ozone Layer, 1987 as amended;
5. Rio Declaration, 1992
6. Agenda 21
7. Forest Principles, 1992
8. The Convention on Biological Diversity, 1992
9. Cartagena Protocol on Biosafety, 2000
10. Nagoya Protocol on Access and Benefit Sharing, 2010
11. Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress relating to
Living Modified Organisms, 2010
12. UN Framework Convention on Climate Change, 1992
13. Kyoto Protocol, 1997
14. Paris Agreement, 2015
15. Rotterdam Convention on Prior Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade,1998
16. Convention on A ccess t o i nformation, P ublic P articipation i n D ecision-making an d
Access to Justice in Environmental Matters, 1998 (Aarhus Convention)
17. Basel Protocol on Liability and Compensation, 1999
18. Stockholm Convention on Persistent Organic Pollutants, 2001
II. SUSTAINABLE DEVELOPMENT
251
A. CONCEPT AND SCOPE

Report of the World Commission on E nvironment and Development (WCED), OUR
COMMON FUTURE, (Brundtland Report), 1987.
Caring for Earth Document
World Summit on Sustainable Development (WSSD), 2002 (Johannesburg Summit)
- Plan of Implementation, Johannesburg Declaration
Sustainable Development Goals (SDGs)
B ENVIRONMENTAL PRINCIPLES
- Precautionary Principle
- Polluter Pays Principle
- Inter-generational Equity
- Intra-generational Equity
- Common but Differentiated Responsibilities
C IMPLEMENTATION OF SUSTAINABLE DEVELOPMENT
International Measures
- UN Commission on Sustainable Development, 1992
- WTO Committee on Trade and Environment National Measures
- Implementation of Sustainable Development Goals in India
Readings:
1. Report of the World Commission on E nvironment and Development (WCED), OUR

COMMON FUTURE, (Brundtland Report), 1987.
2. Caring for Earth Document
3. Plan of Implementation, World Summit on Sustainable Development (WSSD), 2002
4. Johannesburg Declaration
5. Sustainable Development Goals (SDGs)
III. ENVIRONMENTAL CONSTITUTIONALISM

A. RIGHT TO ENVIRONMENT
Human Right to Environment and Right to Development
B. Constitutional operationalisation of Fundamental Right to Pollution Free
Environment – Articles 14, 19(1)(g), 21, 48-A and 51-A (g) of the Constitution
Environmental Law Making – Parliamentary power under Article 253 t o amend law
made under Article 252.
Constitutional Status o f F undamental E nvironmental P rinciples: P recautionary
Principle, P olluter Pays P rinciple, I nter-generational E quity, Intra-generational
Equity, Public Trust Doctrine.
Readings:
1. Articles 14, 19(1)(g), 21, 48-A and 51-A (g) of the Constitution
2. Article 253 and 252 of the Constitution
252
IV. ENVIRONMENTAL LEGAL FRAMEWORK

A. LEGAL AND INSTITUTIONAL FRAMEWORK FOR ENVIRONMENTAL
PROTECTION
The Water (Prevention and Control of Pollution) Act, 1974; The Air (Prevention and
Control of Pollution) Act, 1981; The Environment (Protection) Act, 1986; The Public
Liability Insurance Act, 1991; The Wildlife (Protection) Act, 1972 as amended; The
Indian F orest A ct, 192 7; T he Forest (Conservation) A ct, 1980; T he B iological
Diversity Act, 2002 (18 of 2003), National Green Tribunal Act,2010
B. TOOLS FOR ENVIRONMENT PROTECTION:
Environmental Impact Assessment, Environmental Audit, Public Hearing
C. ENFORCEMENT AND COMPLIANCE OF ENVIRONMENTAL LAWS
Command and Control regime: Strengths and Weaknesses
Readings:
1. The Water (Prevention and Control of Pollution) Act, 1974;

2. The Air (Prevention and Control of Pollution) Act, 1981;
3. The Environment (Protection) Act, 1986;
4. The Public Liability Insurance Act, 1991;
5. The Wildlife (Protection) Act, 1972 as amended
6. The Indian Forest Act, 1927;
7. The Forest (Conservation) Act, 1980;
8. The Biological Diversity Act, 2002 (18 of 2003),
9. National Green Tribunal Act,2010
V. ENVIRONMENTAL GOVERNANCE
A. Policy Instruments
Environmental Policy Instruments
- The National Environment Policy, 2006
- The National Action Plan on Climate Change, 2008
- The National Forest Policy, 1988
- The National Water Policy, 2002
- The Wildlife Conservation Strategy, 2002
Devising progressive policies for creating incentives for compliance, Eco-labelling for
environment f riendly p roducts a nd C orporate E nvironmental R esponsibility w ithin
CSR.
B. ENVIRONMENTAL DECISION MAKING
Access to Information, Public participation
C. ENVIRONMENTAL PLANNING FOR SUSTAINABLE URBAN AND RURAL
ENVIRONMENT
- Master Plans, Zoning, Health and Sanitation
- 73rd and 74th Amendments to the Constitution
- Displacement, Resettlement and Rehabilitation
253
Readings:
1. The National Environment Policy, 2006

2. The National Action Plan on Climate Change, 2008
3. The National Forest Policy, 1988
4. The National Water Policy, 2002
5. The Wildlife Conservation Strategy, 2002
6. 73rd and 74th Amendments to the Constitution
VI. ENVIRONMENTAL LIABILITY

Criminal Liability
Tortious Liability – Vicarious Liability, Absolute Liability, Deep Pocket Theory,
Multinational Corporate Liability
State Liability
Public Liability Insurance Act, 1991
Basel Protocol on Liability and Compensation, 1999
The Hazardous Wastes (Management and Handling) Rules, 1989 as amended in 2000 and
2003.
Readings:
1. Public Liability Insurance Act, 1991
2. Basel Protocol on Liability and Compensation, 1999
3. The H azardous W astes ( Management a nd H andling) R ules, 1989 a s a mended i n
2000 and 2003.
VII. GREEN JUSTICE

A . Access to Environmental Justice
Environmental r emedies – Administrative, S tatutory and C onstitutional R emedies
Judicial activism – challenges, legitimacy and limits
B. National Green Tribunal

Environmental Courts – Law Commission 186th Report on Proposal to Constitute
Environment Courts (2003)
National Green Tribunal Act, 2010 – Jurisdiction, operation and environmental justice
delivery.
Readings:
1. Law C ommission 186 th Report on P roposal t o C onstitute E nvironment C ourts
(2003)
2. National Green Tribunal Act, 2010
3. Selected cases decided by NGT
254
SUGGESTED READINGS
1. Philippe Sands and Jacqueline Peel, 2012. Principles of International Environmental

Law, 3rd ed., Cambridge University Press.
2. Ulrich Beyerlin and Thilo Marauhn, 2011. International Environmental Law, 1st ed.,
Hart Publishing, Oxford.
3. Birnie, P atricia, A lan Boyle, and C atherine R edgwell, 2009 . International Law and
the Environment, 3rd ed., Oxford University Press.
4. Jane Holder and Maria Lee, 2007. Environmental Protection, Law and Policy Text
and Materials, 2nd ed., Cambridge University Press.
5. Ved P . N anda a nd R ock Pring, International Environmental Law and Policy for
the 21st Century, 2nd revised edition, Martinus Nijhoff Publishers (2012).
6. Usha Tandon et al (eds) “Biodiversity: Law, Policy and Governance” Routledge –
Taylor & Francis, Oxon and New York (2018).
7. Usha Tandon (ed) “Energy Law and Policy”, Oxford University P ress, New Delhi
(2018).
8. Shyam D iwan a nd Armin R osencranz, Environmental Law and Policy in India –

Cases, Materials and Statutes (2nd ed., 2001) Oxford University Press.
9. Gurdip Singh, Environmental Law in India (2005) Macmillan.
10. P. L eelakrishnam, Environmental Law in India (2nd ed., 2005) L exisNexis

Butterworth.
11. Stuart B ell & Donald Me G illivray, Environmental Law – The Law and Policy
Relating to the Protection of the Environment (6th ed., 2006 ) O xford U niversity
Press.
12. S. C olye and K . M orrow, The Philosophical Foundations of Environmental Law:

Property, Rights and Nature (2004) Hart Publishing.
13. Bodansky, D anial, J utta B runnee, and E llen H ey, 2007. The Oxford Handbook of
International Environmental Law, Oxford University Press.
14. Brunnée, J utta, M einhard D oelle, a nd Lavanya Rajamani , 2012. ( eds) Promoting
Compliance in an evolving Climate Regime, Cambridge University Press.
Articles
1. Anthony O gus a nd C arolyn A bbot, “ Sanctions f or P ollution: D o w e ha ve t he R ight
Regime?” 14 Journal of Environmental Law 283 (2002).
2. Arvind Hasrofia, “Environmental Protection and Sustainable Development: Exploring
the Dynamics of Ethics and Law”, 49 JILI 30 (2007)
3. B.C. Nirmal, “Overview of the Biosafety Protocol”, 46 JILI 373 (2003)
4. Carol Harlow, “Public Law and Popular Justice”, 65 Modern Law Review 1 (2002)
255
5. Christopher D . S tone, “ Common but D ifferentiated R esponsibilities i n International

Law”, Vol. 98, No. 2 The American Journal of International Law 276-301 (2004)
6. Daniel C . E sty, “ Bridging t he T rade-Environment D ivide”, J ournal of E conomic
Perspectives, Vol, 15, No. 3, pp. 113-130
7. Dinah S helton, T he L inks be tween International H uman R ights G uarantees a nd
Environmental P rotection, U niversity of C hicago, C enter f or International S tudies,
(2004)
8. Elisa M orgera, “ An U pdate on t he A arhus C onvention a nd i ts C ontinued G lobal
Relevance”, 14 Review of European Community & International Environmental Law
138 (2005)
9. Elisa Morgera, “From Stockholm to Johannesburg: From Corporate Responsibility to
Corporate Accountability for the Global Protection of the Environment?” 13 Review
of European Community & International Environmental Law 214 (2004)
10. Elizabeth F isher, “ Is t he P recautionary P rinciple S ustainable?”, 13 Journal of
Environmental Law 315 (2001)
11. Francesco S indco an d J oyeeta Gupta, “M oving t he C limate C hange R egime Further
through a Hydrogen Protoco”, 13 Review of European Community and International
Environmental Law 175 (2004).
12. Gianluca Rubagotti, “The Clean Development Mechanism: Establishing A Regulatory
Framework to f avour C limate F riendly Investments”, 46 Indian Journal of
International Law 212 (2006)
13. Gurdip Singh, “Human Rights to Sustainable Development: An Indian Perspective”, 3
(2) Soochow Law Journal 53-89 (2006)
14. Gurdip S ingh, “ The R ole of E quity i n S ustainable D evelopment: A Conceptual
Enquiry”, X-XI NCLJ 17 (2005-2006)
15. James C ameron, The Precautionary Principle, i n G ary P . S ampson, W . B radnee
Chambers (ed.), Trade, Environment and the Millennium, United Nations University
Press (2002)
16. Javaid Talib, “Constitutionalising the Problem of Environment”, 47 JILI 522 (2005).
17. Joy H yvarinen, “ The 20 05 W orld Summit: U N Reform, S ecurity, E nvironment a nd
Development”, 15 Review of European Community & International Environmental
Law 1 (2006)
18. Jutta B runnee, “ Of S ense a nd S ensibility: R eflections on International Liability
Regimes as Tools for Environmental Protection”, 53 International Comparative Law
Quarterly 351 (2004)
19. Klaus B osselmann and Pushpa K umar Lakshmanan. 2018. “ The Atmosphere as a
Global C ommons a nd c leansing i t w ith N ew E nergy O ptions” i n U sha Tandon ( ed)
“Energy Law and Policy”, Oxford University Press, New Delhi (2018).
20. Lakshmanan, P ushpa Kumar. 2018. Implementing t he C onvention on B iological
Diversity and i ts P rotocols i n India” i n Burra S rinivas a nd R ajesh K umar ( eds)
Locating India i n t he C ontemporary International Legal O rder, S pringer India, N ew
Delhi (2017).
256
21. Lakshmanan, P ushpa K umar. 2018. “ Implementing N agoya pr otocol on A ccess a nd

Benefit Sharing in India,” in Usha Tandon et al (eds) “Biodiversity: Law, Policy and
Governance” Routledge – Taylor & Francis, Oxon and New York (2018).
22. Lakshmanan, P ushpa K umar, A lice S kipper, B rian H ayes, 2016. “ Environmental
Law” i n S haun S tar (ed.) Australia and India: A C omparative Overview of t he Law
and Legal Practice, Universal Law Publishing and Lexis Nexis, New Delhi.
23. Lakshmanan, P ushpa K umar, S hachi S ingh, S . A sta Lakshmi, “ Paris A greement on
Climate Change and India,” Journal of Climate Change, vol. 3, no. 1, pp. 1-10, 2017.
24. Laurence B oisson de Chazournes, “ The G lobal E nvironment F acility ( GEF): A
Unique and Crucial Institution”, 14 Review of European Community & International
Environmental Law 193 (2005)
25. Lavanya Rajamani, “From Stockholm to Johannesburg: The Anatomy of Dissonance
in the International Environmental Dialogue”, 12 Review of European Community &
International Environmental Law 23 (2003)
26. Lord J ustice C arnwath, “ Judicial P rotection of t he E nvironment: A t H ome a nd
Abroad”, 16 Journal of Environmental Law 315 (2001)
27. M Lee a nd C . A bbot, “ The U sual S uspects? P ublic P articipation U nder t he A arhus
Convention”, 66 Modern Law Review 80 (2003)
28. M. P allemaerts, “ International Law and Sustainable Development: Any Progress in
Johannesburg?”, 12 Review of European Community and International Environment
Law I (2003)
29. Mark Geistfeld, “Implementing the Precautionary Principle”, 31 Environmental Law
Reporter 11326 (2001).
30. Mike F entuck, P recautionary M aybe, but W hat’s t he P rinciple? T he P recautionary
Principle, The Regulation of Risk, and the Public Domain Journal of Law and Society
371 (2005).
31. N.S. K hamboj, H azardous Industries: P olicy and t he L aw, 46 Indian J ournal of
International Law 449 (2004).
32. Nils Me yer-Ohlendorf, Would a U nited N ations E nvironment O rganization H elp t o
Achieve the Millennium Development Goals? 15 Review of European Community &
International Environmental Law 23 (2006).
257
Teaching Plan:
The students are required to read the readings relevant to the Units and come prepared for
the class discussion. In addition to the lectures, the teaching will be based on discussions
and presentations made by the student which will be planned, guided and moderated b y
the course teacher. Participation of the students will be essential.
Topics f or r esearch p apers h ave t o b e f inalized b y the end o f 4 th week an d t he cl ass

presentations will start from 5th week onwards as decided by the course teacher.
Week 1 In the first class, an overview of the full course on Environmental law will be
explained to the students to understand the complete scheme of the course.
The details about research paper writing and the topics will be discussed.
The First Unit on International Environmental Law will be taken up for class
discussion in Week 1. The discussion will cover the maxim like sic utere tuo
ut alienum non laedas and th e T rail S melter A rbitration C ase. T he
contribution of i nternational e nvironmental C onferences i n de velopment of
international environmental law will be discussed.
Week 2 Unit 1 c ontinues. M ultilateral E nvironmental Agreements to d eal w ith

climate c hange a nd bi odiversity conservation w ill be t he focus o f t he
discussion.
The r ole o f in ternational e nvironmental in stitutions in p rotecting global

environment will be covered.
Week 3 Unit 2 w ill be t aken up f or di scussion t o u nderstand t he c oncept of

sustainable de velopment i n de tail. T he e nvironmental pr inciples t hat
contribute to achieve sustainable development will be on the focus.
Week 4 Sustainable Development Goals and their implementation in India will be the
topics of focus.
Week 5 Unit 3 on Constitutional mandate to protect environment.
Week 6 Unit 3 w ill c ontinue w ith t he di scussion on t he Constitutional S tatus o f

Fundamental Environmental Principles.
258
Week 7 Unit 4 will be taken up to discuss the environmental legal framework and its
implementation in India. C ritical a pproach will b e u sed to understand t he
strengths and weakness of the environmental laws in India.
Week 8 Unit 4 will continue with the discussion on different tools for environmental
protection with the emphasis on enforcement and compliance measures.
Week 9 Unit 5 w ill a nalyse t he f actors co ntribute t o ef fective en vironmental

governance. T he na tional pol icy i nstruments p ertaining t o e nvironment
protection will be discussed.
Week 10 Access t o Information, P ublic pa rticipation f or e nvironmental de cision

making will be discussed. Environmental planning for sustainable urban and
rural environment w ith t he he lp of 73 rd a nd 74t h A mendments t o the
Constitution will be discussed.
Week 11 Unit 6 on E nvironmental Liability w ill be t aken up f or di scussion. T he

discussion w ill c over t ortuous l iability pr inciples a nd t he Public L iability
Insurance Act, 1991
Week 12 Discussion on U nit 6 will continue the discussion on l iability issues relating
to hazardous waste.
Week 13 Discussion on U nit 7 will f ocus on g reen j ustice. T he m echanisms a nd

enabling provisions for obtaining environmental justice will be discussed.
Week 14 Unit 7 w ill c ontinue t he di scussion on t he N ational G reen T ribunal a nd its

judgments.
Week 15 Synthesis of the understanding of all Units covered above and conclusion of
the course.
259

1. International Lecture Method, Socratic As given below.

Environmental Law method, Brainstorming
through small Group
Discussions and Student’s
Presentation.
2. Sustainable Lecture Method, Socratic As given below.
Development Goals method, Brainstorming
through small Group
Presentation.
3. Environmental Lecture Method, Socratic As given below.
Constitutionalism method, Brainstorming
through small Group
Presentation.
4. Environmental legal Lecture Method, Socratic As given below.
framework method, Brainstorming
through small Group
Presentation.
5. Environmental Lecture Method, Socratic As given below.
Governance method, Brainstorming
through small Group
Presentation.
6. Environmental Liability Lecture Method, Socratic As given below.
method, Brainstorming
through small Group
Presentation.
7. Environmental Justice Lecture Method, Socratic As given below.
method, Brainstorming
through small Group
Presentation.
260

Presentations)
IMPORTANT NOTE:
2. S tudents a re r equired t o s tudy/refer to th e le gislations a s a mended f rom time to
***********
261
Semester III/Semester V
Course Name: Law of the Sea
Course Objectives:
The course is designed to give a working knowledge of prevalent legal concepts under the United
Nations Conv ention on the L aw o f t he S ea (U NCLOS) 1982. Students w ill re search t he
theoretical und erpinnings of s uch c oncepts. S tudents w ill be able t o a nalyse f act p atterns a nd
formulate preliminary assessments regarding the law of the sea. Students will also better seize the
dynamics o f d ispute s ettlement. A s a r esult, s tudents w ill b e a ble to s trategically a ssess th e
practical implications of the law of the sea.
At the end of the course, the student will be able to:
i. explain the scope and application of the UNCLOS

ii. articulate the differences between the high seas sub-regime and other LOS sub-regimes
including the rights and duties of coastal States and other States in each of the maritime
zones in the law of the sea;
iii. generate a good understanding of the rights and duties of States and, possibly, other
players in the various maritime zones
iv. describe the main actors and their roles, notably the IMO
v. write a report discussing the current challenges and possibly its solution
Contents:
There i s a g radual yet settled realization o f t he fact t hat t he r esources o f t he ear th are n ot o nly
limited but by t hemselves i ncapable of s ustaining hi gh l iving s tandards of m ankind f or
perpetuity.At the same time, the normative framework for sea governance allows for controlled
exploitation of t remendous oc eanic re sources v iz., minerals, hy drocarbons, f isheries’ re sources
etc. Given these twin principles underpinning the global sea governance system, it is imperative
to unde rstand t he de velopment of l aw o f th e s ea and its i mpact o n th e m aritime a ctivities o f
nations around the w orld. T he course content lays e mphasis on und erstanding t he l egal
262
framework a s e stablished pri marily t hrough U NCLOS, 1982, a long w ith s everal ke y hi storical
and contemporary developments and challenges facing the law of the sea regime.
UNIT –I Historical Perspective
1.1 Early development of the law of the sea, Mare Liberum v. Mare Clausum
1.2 Codification of the law ofthe sea: Hague Codification Conference, 1930
1.3 Truman Declaration / UNCLOS I 1958 / UNCLOS II 1960
1.4 General Assembly Resolution 2749/1970.
1.5 UNCLOS III 1982 – Salient features
UNIT –II Maritime Zones I- Territorial Sea, Contiguous Zone and EEZ
2.1 Territorial Sea
2.1.1. (Breadth) of the Territorial Sea
2.1.2 Baselines, internal waters and archipelagic waters
2.1.3 Rights and Duties of Coastal and other states
2.1.4 Delimitation of the territorial Sea
2.1.5 Indian Position
2.2 Contiguous Zone

2.2.1. Breadth of the Contiguous Zone
2.2.1 Rights and duties of Coastal and other states
2.3. Exclusive Economic Zone

2.3.1 Historical background
2.3.2 Limits of the EEZ
2.3.3 Rights and duties of Coastal and other States
2.3.4 Living Resources, Pollution Control, Artificial
Installation and Structures and Scientific Research
UNIT –III Maritime Zones II- Continental Shelf and High Seas
3.1 Continental Shelf
3.1.1 Geological and Legal Concept
263
3.1.2 Meaning and Definition of Continental Shelf under Geneva Convention of 1958
3.1.3 Concept of Continental Shelf under U.N. Convention on the Law of the Sea, 1982.
3.1.4 Revenue Sharing
3.1.5 Delimitation of Continental Shelf
3.2 High Seas
3.2.1 Freedom of High Seas
3.2.2 Law Relating to High Seas:
3.2.3 Geneva Convention on High Seas
3.2.4 U.N. Convention on The Law of the Sea, 1982.
3.2.5 Criminal Jurisdiction – Flag State
3.2.6 Hot Pursuit
UNIT-IV International Sea Bed Mining

4.1 Pardo Proposal and General Assembly Resolution 2749
4.2 International Seabed Authority – Organs – Enterprise
4.3 Parallel System of Seabed Mining
4.4 Agreement of 1994 for the implementation of Part XI of the UNCLOS, 1982.
4.5 Pioneer Investors– Rights and Obligations
UNIT- V Protection and Preservation of Marine Environment

5.1 Historical Background
5.2 Major International Conventions on Marine Pollution:
5.3 Marine Scientific Research Development and transfer of Marine Technology
5.4 Part XII, XIII & XIV of the UNCLOS, 1982.Etc.
UNIT-VI Settlement of disputes

6.1 Mechanism for the compulsory settlement of disputes;
6.2 Choice of procedure:
6.3 International Tribunal for the Law of the Sea, (jurisdiction, power, adjudicatory and
other functions)
6.4 International Court of Justice,
6.5 Annex VII arbitral tribunal or Annex VIII special arbitral tribunal; exceptions.
264
Suggested Readings:
1. Convention on the Territorial Sea and the Contiguous Zone (1958).

2. Convention on the Continental Shelf (1958).
3. Convention on the High Seas (1958).
4. Convention on F ishing a nd Cons ervation of t he Living Re sources of t he H igh S eas
(1958).
5. United Nations Convention on the Law of the Sea (1982).
6. Case Con cerning M aritime D elimitation and T erritorial Q uestions be tween Q atar and
Bahrain [1995] (United Nations, International Court of Justice, February 15, 1995).
7. Dispute Concerning Delimitation of the Maritime Boundary between Bangladesh and
8. Myanmar in the Bay of Bengal [2012] (Germany|DE International Tribunal For The Law
OfThe Sea, March 14, 2012).
9. The Ba y o f Be ngal M aritime Bound ary Arbitration be tween Ba ngladesh a nd
India,(Permanent Court of Arbitration, July 7, 2014).
10. The S outh Chi na S ea A rbitration be tween T he Republic of t he P hilippines a nd the
People’sRepublic of China, (Permanent Court of Arbitration, July 12, 2016).
11. Churchill, R obin R olf, a nd A lan V aughan L owe. T he L aw of t he S ea. Manchester
University Press, 1999.
12. Division f or O cean A ffairs a nd t he L aw of t he S ea. H andbook on the D elimitation of
Maritime Boundaries. United Nations Publications, 2000.
13. Evans, Malcolm. International Law. Oxford University Press, 2018.
14. Klabbers, Jan. International Law. Cambridge University Press, 2013.
15. Shaw, Malcolm N. International Law. Cambridge University Press, 2018.
16. Tanaka, Yoshifumi. The International Law of the Sea. Cambridge University Press, 2012.
17. Vukas, Budi slav. T he L aw O f T he S ea: S elected Writings. M artinusNijhoff P ublishers,
2004.
18. The History of the Law of the Sea – O’ Connell, The International Law of the Sea Vol. I
1984 (Revised) Oxford University Press.
19. The d elimitation of t he out er c ontinental s helf be tween n eighbouring states. The
American Journal of International Law (2003) Vol. 97: 91.
20. Statement by Expert Panel: Deep Seabed Mining and the 1982 Convention on the Law of
the Sea. The American Journal of International Law, (1988) Vol. 82.
265
21. The pro cedure F ramework of t he A greement I mplementing t he 1982 U nited N ations
Convention on the L aw of t he S ea, T he A merican Journal of I nternational L aw (1995)
Vol. 89.
22. Law of the Sea Forum: The 1994 Agreement on Implementation of the Seabed Provisions
of the Convention on the Law of the Sea, Bernard H. Oxman, Lowis B. Sohn, Jonathan P.
Charney, the American Journal of International Law (1994) Vol. 88.
23. Establishing the International Tribunal for the Law of the Sea, The American Journal of
International Law (1995) Vol. 89.
24. The impact of the United Nations Convention on t he Law of the Sea on t he Progressive
Development of International Law – RudigerWolfrum IJIL (1999) Vol. 39
25. Beckman, R obert ( 2013). T he U N C onvention on t he Law of t he S ea a nd t he
Maritime D isputes i n t he S outh C hina S ea,The A merican J ournal of International
Law.107 (1)pp. 142–163
26. Talmon, S tefan A . G ., (2 018). T he S outh C hina S ea A rbitration: O bservations on t he
Award of 12 July 2016. Bonn Research Papers on Public International Law No. 14/2018.
Available at SSRN: http://dx.doi.org/10.2139/ssrn.3180037
(Further readings may be added as per the decision of the committee of teachers).
Teaching Plan
Week No. Topic of Discussion
Week 1 Unit-I
Early development of the law of the sea, Mare Liberum v. Mare Clausum
Codification of the law ofthe sea: Hague Codification Conference, 1930
Week 2 Unit-I
Truman Declaration / UNCLOS I 1958 / UNCLOS II 1960
General Assembly Resolution 2749/1970.
Week 3 Unit-I
UNCLOS III 1982 – Salient features
Unit –II
Maritime Zones I- Territorial Sea, Contiguous Zone and EEZ
Territorial Sea, (Breadth) of the Territorial Sea, Baselines, internal waters and
archipelagic waters
Week 4 Unit-II
266
Rights and Duties of Coastal and other states, Delimitation of the territorial
Sea, Indian Position
Contiguous Zone - Breadth of the Contiguous Zone, Rights and duties of
Coastal and other states, Indian Position
Week 5 Unit-II
Exclusive Economic Zone-Historical background , Limits of the EEZ, Rights

and duties of Coastal and other States, Living Resources, Pollution Control,
Artificial, Installation and Structures and Scientific Research , Indian Position
Week 6 Unit-II
Continental Shelf
Geological and Legal Concept, Meaning and Definition of Continental Shelf
under Geneva Convention of 1958, Concept of Continental Shelf under U.N.
Convention on the Law of the Sea, 1982., Revenue Sharing
Week 7 Unit- III
Delimitation of Continental Shelf , Indian Position
High Seas- Freedom of High Seas, Law Relating to High Seas: , Geneva
Convention on High Seas
Week 8 Unit-III
U.N. Convention on The Law of the Sea, 1982., Criminal Jurisdiction – Flag
State, Hot Pursuit , Indian Position
Week 9 Unit-IV
International Sea Bed Mining –
Pardo Proposal and General Assembly Resolution 2749
International Seabed Authority – Organs – Enterprise
Parallel System of Seabed Mining
Week 10 Unit-IV
Agreement of 1994 for the implementation of Part XI of the UNCLOS, 1982.

Pioneer Investors– Rights and Obligations
Week 11 Unit-V
Protection and Preservation of Marine Environment
Historical Background, Major International Conventions on Marine Pollution:,
Marine Scientific Research Development and transfer of Marine, Technology
267
Week 12 Unit-V
Part XII, XIII & XIV of the UNCLOS, 1982.Etc.
Week 13 Unit-VI Settlement of disputes
Mechanism for the compulsory settlement of disputes; Choice of procedure

International Tribunal for the Law of the Sea, (jurisdiction, power, adjudicatory
and other functions)
Week 14 Unit-VI
International Court of Justice,
Annex VII arbitral tribunal or Annex VIII special arbitral tribunal; exceptions.
Week 15 Assessment and Class presentations

1. Able to describe t he s cope Lectures, pr esentations, As given below.
and a pplication of t he case studies, discussions.
UNCLOS
2. Trained to a rticulate t he Lectures, pr esentations, As given below.

differences b etween case s tudies, dr afting
different m aritime z ones exercises, discussions.
including the rights and
duties of c oastal S tates and
other States i n ea ch o f t he
maritime zones in the law of
the sea.
3. Professionally t rained t o Lectures, pr esentations, As given below.
generate a g ood case s tudies, dr afting
understanding of t he ri ghts exercises, discussions.
and dut ies of S tates a nd,
possibly, other players in the
268
various maritime zones
4. Recall and applythe role of Lectures, pr esentations, As given below.

the m ain a ctors, not ably case s tudies, dr afting
the IMO exercises, discussions.
5. Competent to write a report Lectures, pr esentations, As given below.
discussing t he current case studies, dr afting
challenges a nd possibly i ts exercises, discussions.
solution

Presentations)
IMPORTANT NOTE:
1. The t opics, c ases a nd s uggested r eadings given above a re not e xhaustive. T he
***********
269
Semester III
Course Name: Tax Policies and Tax Reforms
Learning Objectives
The obj ective of t his course i s t o unde rstand a nd analyse t he c oncept, growth a nd
development o f T ax S ystem in India and in ternational ta x p olicies. It is also n ecessary to
understand the way of evolution and change in policies related to direct and indirect taxation
in India. Further, a c ritical a nalysis of pol icies adopted b y O ECD a nd its i mpact on f ew
developing countries (the key partners of OECD) including India needs to be undertaken. The
third, f ourth a nd f ifth he ad of t his c ourse is de signed t o s tudy a nd a nalyse c ritically t he
development of direct and indirect taxation in India respectively. Simultaneously, the annual
budget of India is also to be discussed and analysed to understand the shifts in policies and
reforms related to direct and indirect taxation. It will also help in understanding the grey areas
and future concerns in taxation.
Learning Outcomes
(1) Students would be able to understand the concept and basis of taxation.
(2) Students at the end of the semester would be able to know how global economic policies
affect our tax policies and economy.
(3) Students would know the advantages of comparative study and develop research oriented
understanding of tax policies.
(4) Students would be sensitized towards the importance of taxation.
Content:
UNIT I: EVOLUTION OF TAX SYSTEM IN INDIA

Evolution and development of taxation system in India, Fiscal significance of taxes (in brief);
the topic would focus on achievements and challenges met by tax reforms in India with focus
in direct taxation. (2 days)
UNIT II: TAX POLICY- MEANING, KINDS, OBJECTIVES AND PRINCIPLES
Meaning & c oncept o f ‘ tax’ ‘ taxation’ & “tax p olicy”, K inds/Categories o f ta x s ystem
[Progressive, Regressive, and Proportional], Objectives and Principles of Taxation in the light
of latest OECD recommendations for India (2 days)
UNIT III: TAX POLICY FOR DEVELOPING COUNTRIES & DIRECT TAXATION
A co mparative an alysis of t ax p olicies o f d ifferent d eveloping co untries es pecially C hina,
Brazil an d S outh A frica (as t hey are also K ey P artners o f O ECD a long w ith India) w ill b e
helpful i n de veloping an i nsight of t he s ubject. T he c hallenges faced by t he de veloping
countries i n f ormulating a n e fficient t axation pol icy and t he feasible s olutions t o ove rcome
those challenges forms part of the study.
270
The topic gives coverage to the essentials that are kept in mind while framing policies for the
developing nations and how they are different from the ones dealing with developed nations.
A bi rd’s e ye vi ew of p roposed di rect t ax code a nd a comparative s tudy with ot her relevant
countries shall also form part of study under this head. (6 days)
UNIT IV: INDIRECT TAXATION: DEVELOPMENTS AND REFORMS IN INDIA
This chapter opens with a brief introduction of Goods and Services Tax. The chapter would
deal with the brief history of Indirect Tax System in India and the situations which paved the
way for the enactment of GST Act, 2017 and the kinds of GST introduced in the country. The
topic would also make a brief study of the working of GST worldwide with special reference
to New Zealand, Australia and Canada. (6 days)
UNIT V: IMPACT OF GST: BALANCING FEDERAL FISCAL RELATIONS

This t opic i s a bout how t he i mplementation of G ST w ould a ffect t he di vision of f inancial
powers be tween t he c entral a nd s tate g overnment ha ving r egard t o t he c onstitutional
provisions, about the future of India’s tax structure and balance of powers between the Union
and S tate w ould be t he a rea o f s tudy. T here would be t he c overage of t ax c omparison
between G ST a nd e xisting t ax s cenario, A mendments t o t he C onstitution of India f or
Implementation of GST. (4 days)
UNIT VI: HIGHLIGHTS OF THE BUDGET OF 2019-20
This topic primarily focuses on t he latest proposals and targets that are being detailed in the
latest budge t. A br ief s tudy of t he l atest t ax pol icies a nd r eforms pr oposed i n t he bud get
would primarily form the part of discussion. (2 days)
UNIT VII: TAXATION IN INDIA: THE ROAD AHEAD
Grey Areas and f uture c oncerns i n T axation in India (Like T axation i n E -commerce),
International T axation ( with pa ssing r eference to T ransfer P ricing) & D TAA i n India,
Problem of Black money and Tax Evasion with relevant provisions of the Income Tax Act,
1961 & the Prevention of Money-Laundering Act, 2002, Relevant provisions of the Benami
Transactions (Prohibition) Act, 1988; Income Declaration Scheme, 2016 (6 days)
Suggested Readings:
Reports:
• Indian Taxation Enquiry Committee (1924)
• Taxation Enquiry Commission (TEC) (1953-54)
• Kaldor Report/ Recommendations (1956)
• 12th Report of the Law Commission of India(1958)
• Direct Tax Enquiry Committee (1971)
• Direct Tax Laws Committee (1978)
• Economic Administrative Reform Commission (1983)
• Tax Reform Committee (1991)
• Task Force on Direct Taxes (2002)
271
• Tax Administration Reform Commission (TARC)

• Economic Survey of India by OECD
Books
Auerbach Alan, Smetters Kent , Economics of Tax Policy, Oxford University Press, New
York
Avi-Yonah, Reuven S.(Ed.), International Tax Law, V olume I & I I, E dward E lgar
Publishing Limited, Massachusetts, USA
Eisentein, Louis, The Ideologies of Taxation, H arvard University P ress, C ambridge,
Massachusetts and London
Gordon, Roger H.(Ed.), Taxation in Developing Countries SIX CASE STUDIES AND
POLICY IMPLICATIONS, Columbia University Press, New York
Miller, Angharad & Oats Lynne, Principles of International Taxation, Tottel P ublishing,
West Sussex
Purohit, Mahesh C. & Purohit, Vishnu Kanta, Handbook of Tax System in India An
Analysis of Tax Policy and Governance, Oxford University Press
Shankar, Sanjiv & Kanchan, Nandita (Ed.),Essays on Tax Policy and Practice, S ynergy
Books India, New Delhi
Simader, Karin, Withholding Taxes and the Fundamental Freedoms, EUCOTAX Series on
European Taxation, Wolters Kluwer, Kluwer Law International, The Netherlands
Sury, M. M., Indian Economy in the 21st Century: Prospects and Challenges, New Century
Publications, New Delhi
Sury, M. M., India: Central Government Budgets — 1947- 48 to 2003 - 04
[With 2004-05 (Interim) and Final Budget supplement],New C entury Publications, N ew
Delhi
Trehan, Jyoti, Crime and Money Laundering, The Indian Perspective, Kluwer L aw
International, The Hague, New York London 2004.
Venkatesh, M. R. Sense, Sensex and Sentiments: The failure of India’s Financial Sentinels
11(KW Publishers Pvt. Ltd., New Delhi, 2011).
Teaching Plan:
Week 1:Evolution and development of taxation system in India, Fiscal significance of taxes
(in brief); the topic would focus on achievements and challenges met by tax reforms in India
with focus in direct taxation (Unit- I)
Week 2:Meaning & concept o f ‘ tax’ ‘ taxation’ & “t ax p olicy”, K inds/Categories o f t ax

system [Progressive, Regressive, and Proportional], Objectives and Principles of Taxation in
the light of latest OECD recommendations for India (Unit-II)
272
Class discussions and student’s presentations shall simultaneously take place.

Week 3:A comparative analysis of t ax pol icies of di fferent d eveloping countries especially
China (as C hina i s a lso a K ey Partner of O ECD a long w ith India) w ill be di scussed. T he
challenges faced by the developing countries in formulating an efficient taxation policy and
the feasible solutions to overcome those challenges forms part of the study. (Unit-III)
Week 4:A comparative analysis of tax policies of Brazil and South Africa (as they are also
Key Partners of OECD along with India) will be discussed. (Unit-III)
Week 5:Coverage to th e essentials that a re k ept in mind while framing t ax policies for the
developing nations and how they are different from the ones dealing with developed nations
shall form part of discussion in this week. A bird’s eye view of proposed direct tax code and
a comparative study with other relevant countries shall also form part of study. (End of Unit-
III)
Week 6:Beginning of Unit-IV, brief introduction of Goods and Services Tax, brief history of
Indirect Tax S ystem i n India a nd t he s ituations which pa ved t he w ay for t he enactment of
GST Act, 2017; the kinds of GST introduced in the country; (Unit-IV)
Week 7:A br ief s tudy of t he w orking of G ST w orldwide with special reference to New
Zealand and Australia (Unit-IV)
Week 8:A br ief s tudy o f t he w orking of G ST w orldwide w ith s pecial r eference t o C anada
(Unit-IV)
Revision, Class discussions and student’s presentations shall simultaneously take place.
Week 9: How th e imp lementation o f G ST w ould a ffect t he di vision of f inancial pow ers
between t he c entral a nd s tate g overnment ha ving r egard t o t he c onstitutional pr ovisions,
about the future of India’s tax structure and balance of powers between the Union and State
would be the area of study. (Unit-V)
Week 10:There w ould be t he c overage o f t ax c omparison be tween G ST a nd e xisting t ax

scenario ( prior t o i ntroduction of G ST); A mendments t o t he Constitution of I ndia f or
Implementation of GST (Unit-V)
Week 11: Highlights of the Budget; this topic primarily focuses on t he latest proposals and
targets that are being detailed in the latest budget. A brief study of the latest tax policies and
reforms proposed in the budget would primarily form the part of discussion. (Unit-VI)
273
Week 12:Grey A reas and f uture co ncerns i n Taxation i n I ndia ( Like T axation i n E -
commerce), International Taxation (with passing reference to Transfer Pricing) & DTAA in
India (Unit-VII)
Week 13:Problem of Black money and Tax Evasion with relevant provisions of the Income
Tax Act, 1961 & the Prevention of Money-Laundering Act, 2002 (Unit-VII)
Week 14: Relevant provisions of the Benami Transactions (Prohibition) Act, 1988; Income
Declaration Scheme, 2016 (Unit-VII)
presentations by students shall take place.

1. EVOLUTION OF Lecture and G roup As given below.

TAX S YSTEM IN Discussion
INDIA
2. TAX POLICY- Lecture, G roup D iscussion As given below.
MEANING, and Student’s Presentation
KINDS,
OBJECTIVES AND
PRINCIPLES
3. TAX P OLICY F OR Lecture, C ase s tudy with As given below.

DEVELOPING Group D iscussion and
COUNTRIES & Student’s Presentation
DIRECT
TAXATION
4. INDIRECT Lecture, C ase s tudy with As given below.
TAXATION: Group D iscussion,
DEVELOPMENTS Student’s Presentation
AND REFORMS IN
INDIA
274
5. IMPACT O F G ST: Lecture, C ase s tudy with As given below.

BALANCING Group D iscussion and
FEDERAL F ISCAL Student’s Presentation
RELATIONS
6. HIGHLIGHTS OF Lecture, C ase s tudy with As given below.

THE B UDGET OF Group D iscussion and
2018-19 Student’s Presentation
7. TAXATION I N Lecture, Case s tudy with As given below.
INDIA: THE ROAD Group D iscussion and
AHEAD Student’s Presentation

Presentations)
IMPORTANT NOTE:
1. The t opics, c ases a nd s uggested readings given a bove a re not e xhaustive. T he
***********
275
Semester III
Course Name: Criminology and Criminal Justice Administration
Course Objectives:
(1) To make learner understand the jurisprudential basis of crime, criminal justice system and
administration in India.
(2) To impart students with the knowledge of different perspectives and theories on crime and
punishment.
(3) To enable students to acquire an understanding on correctional system and alternatives to
imprisonment within the realm of criminal justice administartion.
(4) T o m ake l earners un derstand t he r ole pl ayed b y di fferent functionaries i n t he c riminal
justice administration to meet the challenges of the mordern India. The need for reforms and
new c hallenges i n t he w ake of growing i mportance a nd realisation of vi ctims r ights a nd
necessity to involve all the stakeholders for ensuring justice to all.
Learning Outcomes
(1) Students are expected to understand the jurisprudential basis of crime, criminal law and
criminal justice system.
(2) Students would be able to understand the operation and role of different functionaries of
the c riminal ju stice s ystem in th e a dministration o f c riminal ju stice to make it mo re f air,
humane and r esponsive. They would b e able t o a ppreciate t he alternatives t o i mprisonment
and alternate dispute resolution methods within the realm of criminal justice administration.
(3) S tudents a re e xpected t o e xplain a ny given c rime pr oblem w ith t he he lp of di fferent
theoretical perspectives and schools of criminology. They would be able to critically analyse
the penological choices.
CONTENT:
TOPIC I : CRIME, CRIMINOLOGY AND CRIMINAL JUSTICE
(i) Understanding Crime: Definitions and typology of crime, crime trends, consensus
and conflict approach to crime
(ii) Criminology and criminal justice administration
(iii) Two models of criminal justice system: Crime Control and Due Process
Readings:
1. Doald R. Taft and Ralf W. England, Criminology, 1964
2. Mike Maguire,Rod Morgan, Robert Reiner(ed.) The Oxford Book Of Criminology
(2nd ed;1997)
3. Ronald C. Krammer(2015), “Defining The Concept Of Crime: A Humanistic
Perspective”The Journal Of sociology and Social Welfare,Vol.12 Iss.3, 2015available
at http://scholarworks.wmich.edu/vol12/iss3/4
276
4. Bruce DiCristina, “ Criminology and the “essence” of crime: The Views of Durkheim,
Garoffalo and Bonger” 2 International Criminal Justice Review (2016) pp.1-19
5. GerbenBruinsma and Rolf Loeber,“ Challenges for criminological and criminal
justice research.”In GerbenBruinsma, HenkElferset al.(eds.) , Punishment Places and
Perpetrators: developments in criminology and criminal justice research.3-20 (Willam
2004)
TOPIC II :Schools of Criminology

(i) The Classical School of Criminology : The Preclassical, classical and Neoclassical
school. CesareBeccaria and Jeremy Bentham
(ii) The Positivist School of Criminology: Cesare Lombroso, Enrico Ferri and
RaffaeleGarofalo , Sheldon and Hooton.
(iii) Social Structure theories: (a) social disorganization theory ; (b) Strain Theory
(Emily Durkheim and Robert Merton); (c) cultural deviance theory
(iv) Social Process and Learning Theories of Crime: (a) Differential Association Theory
of Sutherland; (b) Social control Theory (c) Social reaction theory: Crime and
labelling
(v) Psychological Theories of Criminality: Psychoanalysis and Criminality: Sigmund
Freud
(vi) Conflict Theory: (a) Willem Bonger, Ralf Dahrendorf, George Vold, (b) Marxist
Criminology
(vii) Feminist Criminology
(viii) Integrated Theoretical Models and New Perspectives of Crime
Readings:
1. George B.Vold, Theoretical Criminology, (Oxford University Press,1976)
2. Hermann Mannheim: Pioneers in Criminology (Stevens, 1960)
3. Sutherland and Cressey, Principles of Criminology (1968)
4. Katherine S.Williams, Textbook On Criminology, (Oxford,2008)
5. Larry Siegel, Criminology, wadsworth 2000
6. Barnes & Teeters, New Horizons in Criminology, (Prentice Hall, 1959 )
7. Ahmad sidddique, Criminology problems and Perspectives (2009)
8. Ian Craib, "Freud: Psychic Structures, Internal Agencies and the Defences",
Psychoanalysis: A Critical Introduction, 32-36 (2001)
9. RAFTER, NICOLE H.; and HEIDENSOHN, FRANCES, eds. International
Feminist Perspectives in Criminology: Engendering a Discipline. Buckingham,
U.K.: Open University Press, 1995.
10. MILLER, SUSAN L. ed. Crime Control and Women. Thousand Oaks, Calif.:
Sage, 1998.
Topic III: Punishment, Sentencing and Correctional Administration.

(i) Concept of Punishment, Theories of Punishment: Deterrence, Retribution,
Prevention, Reformation and Just Deserts.
(ii) Sentencing: The goals of sentencing , special emphasis on capital punishment
277
(iii) Imprisonment as a measure of reform- alternatives to imprisonment- fine,

probation, release, suspension and remission. Commutation and Pardon, Right to
pre-sentence hearing.
(iv) Corrections : Probation and Parole- Meaning, scope and legal provisions.
(v) After Care and Rehabilitation Services
(vi) Difference between institutional and non-institutional form of treatment.
Readings:
1.K.S. Chabra, “ Theories of Punishment” in K.D. Gaur, CRIMINAL LAW AND
CRIMINOLOGY,pp(2002)686-695
2. Mehrajuddin Mir, “ Sentencing perspectives and Reflections” in K.D. Gaur, CRIMINAL
LAW AND CRIMINOLOGY (2002) pp.851-863
4. S.C.Raina, Probation, Philosophy, Law and Practice 1996,Regency, New Delhi.
5. The Probation of Offenders Act,1958.
6. Law Commission of India, 35th, 187th and 262nd Report on Death Penalty
7. Death Penalty India Report, 2016 by NLU Delhi (www.deathpenaltyindia.com)
8.Andrew Ashworth, “Sentencing” in Mike Maguire, Rod Morgan, Robert Reiner (ed.),
The Oxford Handbook of Criminology (2nd ed. 1990)
9 P.J. Fitzgerald, Criminal Law and Punishment, 1962,Oxford.
10 Hans F.M. Crombag, Of Crimes and Punishment in Punishment, Places and Perpetrators:
developments in criminology and criminal justice research. Edited by GerbenBruinsma,
HenkElfers and Jan de Keijser.
11. H.J. Eysenk, Crime and Personality, (London, 1964)
12 A.C. Ewing, The Morality of Punishment, (London 1929)
13 David T.Johnson, “The Death Penalty In India” in N.PrabhaUnnithan (ed.)Crime and
Justice In India 365-388 (Sage,2013)
Cases on Sentencing and Death Penalty:
1. BishnuDeo Shaw v. State of West Bengal, AIR 1979 SC 964 135
2. Bachan Singh v. State of Punjab, AIR 1980 SC 898 145
3. Macchi Singh v. State of Punjab, AIR 1983 SC 957 170
4. AllauddinMianv. State of Bihar, AIR 1989 SC 1456 175
5. Mohd. Chamanv. State (2001) 2 SCC 28
6. Lehnav. State of Hanrayana(2002) 3 SCC 76 181
7. DhananjayChaterjeev. State of West Bengal, JT 2004 (4) SC 242
8. Sharaddhanandav. State of Karnataka, AIR 2008 SC 3040
9. Santosh Kumar SatishbhushanBariyar vs. Maharashtra (2009) 6 SCC 4989.
10.Essa @ Anjum Abdul RazakMemonv. The State of Maharashtra (2013)3SCALE1
11 Union of India v Dharam Pal 2019 SCC onlineSc628[24.04.2019]
12 CBI v. Sanjiv Bhalla (2016) 1 SCC (Cr.) 631.
13 Hymad Pasha v. State of Andhra Pradesh (2016) 3 SCC (Cr.) 334.
Cases on Probation and Parole:
278
1. JogiNayakv. State, AIR 1965 SC 106

2. Abdul Qayumv. State of Bihar, AIR 1972 SC 214 190
3. State v. Bhola(2003) 3 SCC 1
4. Dalbir Singh v. State of Haryana (2000) 5 SCC 82 193
5. M.C.D. v. State of Delhi (2005) 4 SCC 605 196
6. Chhanniv. State of U.P. (2006) 5 SCC 396 203
7. Sunil Fulchand Shah v Union of India 2003(3)SCC409
8 State of Haryana v Mohinder Singh 2000(3)SCC394
9. Avtar Singh v State of Haryana 2002(3)SCC18
10. Joginder Singh v State of Punjab 2001(8)SCC 306
TOPIC IV: VICTIMOLOGY

(i) Crime and its Victims
(ii) Study of victim rights
(iii) Witness protection mechanism
(iv) Concept of Restorative Justice and Indian Legal Position.
(v) Victim compensation in India : provisions under CrPC, SC ST atrocities
(prevention) Act, etc.
Cases:1. State of Punjab v. Ajaib Singh, AIR 1995 SC 975 222

2 .Dr. Jacob George v. State of Kerala (1994) 3 SCC 430 226
3. Chairman, Railway Board v. Chandrima Das, AIR 2000 SC 988 232

4. Rachhpal Singh v. State of Punjab, AIR 2002 SC 2710 238
5. State of AP v Challa Krishna Reddy AIR 2000SC 2083
6. Kaushalya and another v state of Punjab (1999)6 SCC 754
7. Common Cause,A registered society v Union of India (1999)6SCC667
8 Ankush Shivaji Gaikwad v State of Maharashtra(2013)6 SCC 770
9 Laxmi v. Union of India (2016) 2 SCC (Cr.) 152.
10 In Tekan@ Tekram v. State of Madhya Pradesh (Chhattisgarh) (2016) 2 SCC (Cr.)
307.
11 Mallikarjun Kodagali v State of Karnataka AIR 2018 SC 5206
Readings:
1. Gerry Johnstone, Restorative Justice: Ideas, Values, Debates, (Lawman,2002)
2. S.P. Singh Makkar and Paul C. Friday (eds,), Global Perspectives in Victimology
147-163 (1993)
3. Leah E.Daigle, Victimology: A Text/Reader (Sage, 2012)
4. Martin Killias, “Victim-Related Alternatives to the Criminal Justice System:
Compensation,Restitution and Mediation”, Crime and criminal policy in Europe ,
Freiburg 1990.
5. M.Maquire and J.Ponting Eds., Victims of Crime: A New Deal?, Milton Keyhes,Open
University Press.
6. K.I. Vibhuti, “ Justice to victims of crime: Emerging trends and legislative models in
India” in Dr. K.I. Vibhuti ed. Criminal Justice ,370-395 (Eastern Book
Co.Lucknow,2004)
279
7. G.S. Bajpai and Shriya Gauba, Victim Justice: A Paradigm Shift in Criminal Justice
System In India’ Thomson Reuters, 2016.
TOPIC V: THE CRIMINAL JUSTICE ADMINISTRATION

(i) Meaning, purpose and relevance.
(ii) Overview of CJS and co-ordination in criminal justice system.
(iii) Role of Courts in Administartion of Criminal Justice with special emphasis on
Juvenile Justice Board established under Section 4 of Juvenile Justice Act and
Children’s Courts. (Only Judicial institutions in connection with child in
conflict with law will be discussed and not the whole of Juvenile Justice
Act,2015)
(iv) The Police: Police organization in India, Role of police in modern society, Police
reforms and modernization.
(v) Prosecutors: Prosecution organization in the state, need for independent
prosecution agency.
(vi) The Prisons: legal framework of prison system in India, reforms initiated and
required in the prison system. UN Standard Minimum Rules for Treatment of
Prisoners.
Readings:
1. Report of All India Committee on Jail Reforms (1980-83) Vol.ICh.IV
2. Report of Advisory Committee on after Care Programmes1955,P1
3. UpendraBaxi, Crisis of Indian Legal System, Chapter VI and VII
4. Government of India, Report of the Indian Jails Committee1919-20,P29-30
5. Prison Reform Bills of NHRC, Delhi and Rajasthan Government.
6. K Padmanabhaiah committee on Police Reforms,2001
Cases
7. Prakash Singh v. Union of India (2006) 8 SCC 1 242
8. Prison Statistics India Report 2015, National Crime Records Bureau.
9. Rama Murthy v. Karnataka, AIR 1997 SC 1739 253
10. State of Maharashtra v PrabhakarPandurangSangzgiri and another AIR1966SC424
11. Francis Coralie Mullin v The Administrator, Union territory of Delhi and Others AIR
1981SC746
12. State of Maharashtra and others v AshaArunGawali and another AIR 2004SC2223
13. State of Gujarat and another v Hon’ble High Court of Gujarat AIR1998SC3164
14. R.D Upadhyay v State of Andhra Pradesh AIR2006SC1946
Teaching Plan:
Week 1: Introduction to crime, criminology, criminal justice system and administration.

Discusssion on models of criminal justice administration, typology of crime and their
characteristics.
280
2 Introduction to theories of crime causation and their importance. Classicalical school, its
proponents and contribution to criminal justice system.
Week 3: Positive school and the contribution made by the positivists
Week 4: Social Structure Theories and social Process and Learning theories
Week 5: Psychological theories
Week 6: Conflict Theories
Week 7: Feminist Criminology
Week 8: Integrated theoretical models and New perspectives of crime
Week 9: Concept of Punishment and goals of Sentencing
Week 10: Correctional Administration
Week 11: Victimology
Week 12:Criminal Justice Administration: Role played by different functionaries in criminal

justice administration. Challenges and Way forward.
Week 13 Recap and Class Presentations
Week 14 Discussion and class Presentations
Week 15 Discussion and Class Presentations

1. Understanding different Lecture, As given below.
perspectives to crime discussion,
and criminology, the simulation
models of criminal exercise, case
justice system, and the study.
meaning of criminal
justice administration. Be
able to distinguish
between traditional and
socio-economic crimes
2. Discuss various theories Video, As given below.
of crime causation and multimedia,
apply them to the lecture, discussion,
281
different crimes reported case law, role play

in the media.Understand
feminist perspective of
crime and the new
emerging theories of
crime causation
3 Critically analyse the Case law, As given below.
different theories of Discussion;
punishment and their Lecture, video,
relevance in the present simulation
scenario. Demonstrate its
application to specific
cases discussed in the
class. AlsoUnderstand
the importance of
correctional measures
and importance of
aftercare and
rehabilitative measures
4. Appreciate the measures Case law, role As given below.

and need for victim play Discussion,
justice in India. Be able Lecture Method.
to explore the alternate Special lectures by
dispute resolution in experts in the field
criminal justice system.
5. Undersatnd the role Simulation As given below.
played by different exercise,
functionaries of the discussion, lecture
criminal justice system in and case law.
delivery of justice and Special lectures by
criminal justice Public
administration prosecutors,
judges etc
6. Evaluate the strengths Case law, As given below.
and weaknesses of the Discussion,
criminal justice Lecture,
administration and simulation
suggest the way forward. exercise,
Be sensitised to the rights multimedia.
of different stakeholders.
282

Internal Component ( Term p aper and 20 Marks
Presentations)
IMPORTANT NOTE:
***********
283
Semester III
Course Name: Laws of Inheritance and Succession
Course Objectives:
India h as a m ultiplicity of s uccession l aws s ome of w hich a re c odified w hile ot hers a re
uncodifed. The diversified application of these is linked with religion, domicile, community,
tribe, fo rm of m arriage and e ven t he r eligion of t he s pouse of t he de ceased. T he pr esent
course is intended to take a critical study of the statutory laws of intestate and testamentary
succession in vogue in India.
Learning Outcomes
1. The s tudents w ill be a pprised w ith th e la ws r elating to f amily ma tters a pplicable to
different communities in India
2. The students will be able to identify and understand the scheme of succession under
the H indu, M uslim a nd C hristian Laws. Including ma tters r elating to jo int f amily
system, competency, K arta and hi s pow ers, p artition a nd t he H indu R eligions
Endowments, in addition to the Sunni and Shia Law of Inheritance and the Christian
Law of inheritance.
3. This will create an opportunity to consider current legal issues involving inheritance
rights and the devolution of estates
4. The s tudent w ill be a ble t o c omprehend t he a pplicability of t hese l aws i n l ight of
plethora of judgements which have been discussed in great detail along with Topics of
intestacy, formalities of wills execution, testamentary capacity, undue influence, rules
of c onstruction, f ailed gifts, ve sting, c lass gifts, c onjugal r elationship c laims, F irst
Nations wills, and lawyers’ duties regarding succession law.
Content:
Unit 1: General Introduction
• Laws of intestate succession applicable to different communities in India
• Legislative h istory o f t hese la ws a nd criterion f or th eir a pplicability; r eligion,
domicile, f orm of m arriage; e ffect of conversion on a pplicability o f l aws of
inheritance;
• The Caste Disability Removal Act, 1850 and general principles of inheritance.
Readings:
284
1. JND Anderson (ed.,) Family Laws in Asia and Africa (1972).

2. Jeremy Bentham, Theory of Legislation (1975)
3. Poonam Pradhan Saxena, Family Law Lectures, Family Law II, 2nd ed., (2006).
4. Paras Diwan and Peeyushi Diwan, Laws of Intestate and Testamentary Succession 3rd ed.,
2006.
5. L L Sardesai (ed.,) Glimpses of Family Law of Goa, Daman and Diu, 1982.
6. G D Sriveni (ed.,) Family Laws of Goa, Daman and Diu, 1979.
7. David A nnouswamy, About t he R ight of Legitim a mong t he H indus i n P ondicherry
(1978) 20 JILI 535.
8. David Annouswamy, Pondicherry : Babel of Personal Laws (1972) JILI 420.
UNIT II Multiplicity of Succession Laws and Uniform Civil code

• Sources- Hindu Law, Muslim Law, Christian Law
• Multiplicity: extent and Application; Consequences
• Concept of uni form c ivil C ode: A rt 25 and 44 of t he C onstitution of India:

Desirability and Feasibility of a Uniform Civil Code.
Readings:
1. Constituent Assembly Debates 1948-49, Vol VII.
2. Vasudha Dhagamwar, Towards a Uniform Civil Code 1989.
3. Virendra Kumar, “ Uniform C ivil C ode R evisited : A J uridical a nalysis of J ohn
Vallamattom 45 JILI (2003) 315.
4. Virendra Kumar, “Pragmatic Approach Towards a Uniform Civil Code, 4 Social Science
Research Journal 134-42 (1995).
5. N R M adhav M enon (ed.,) N ational C onvention on U niform C ivil C ode for a ll Indians
1986.
6. Madhu K ishwar, “ Breaking t he s tatement: U niform C ivil C ode v Personal Laws”
Manushi No. 77 (1986).
7. Madhu Kishwar, Stimulating Reforms Not Forcing Uniform Civil Code v Optional Civil
Code, Manushi No. 89 (1995).
8. B. R. Sharma – A Uniform Civil Code for India ’21 Civil and Military Law Journal 1985.
9. John Vallamatton v Union of Indian AIR 2003 SC 2902.
UNIT III - The Hindu Succession Act, 1956

• General introduction and applicability of the Act :
• Devolution of the property of a male and female intestate; devolution of an interest in
the Mitakshara coparcenary and the concept of notional partition;
285
• Abolition o f lim ited e state f or a H indu female, g eneral r ules o f i nheritance,

disqualifications; Introduction of females as coparceners,
• State amendments and the Hindu Succession (Amendment) Act, 2005.
Readings
1. Ranganath Mishra (Rev.,) Mayne’s Treatise on Hindu Law and Usage (15th ed., 2006).
2. Satyajeet A Desai (Rev.,) Mulla’s Principles of Hindu Law, Vol 1 and II )(20th ed., 2007).
3. Duncan M Derret, A critique of Modern Hindu Law (1970).
4. S A Kader, The Hindu Succession Act, 1956 (2004).
5. Report of the Hindu Law Committee 1948.
6. Lok Sabha Debates, 1955, Vol V.
7. Anil V Antur Kar, “Interpretation of Sec. 22 of the Hindu Succession Act, 1956” (1981)
JS 68 AIR 122.
8. B Sivaramayya, the Hindu Succession Act, 1956, and the Socio economic justice 1971 1
KuLJ 72.
9. Kiran B J ain, “ A Review of t he H indu S uccession ( Andhra P radesh A mendment) A ct,
1986, Islamic and Comparative Law Quaterly Vo. VIII : 2003 p. 225.
10. Nilima Bhadbade, State Amendments to the Hindu Succession Act, and conflict of Law:
Need for law reform (2001) 1 SCC (Jour) 40.
11. V S A njaria, “S uccession t o t he f ormer Limited Estate o f a r emarried w idow u nder t he
Hindu Succession Act, 1956, (A Case for re-thinking (1973) I SCC (Jour) 25.
12. R K Pandey, “Status of Remarried Hindu Widow (1973) I SCC (Jour) 25.
13. Om Prakash v. Radha Charan 2009 (7) SCALE 51.
14. Gurupad v Hirabai AIR 1978 SC 1239.
15. C Kanna Gounder vAnjana Gounder (2003) I LW 408.
16. Vellikannu v R Singaperumal (2005) 6 SCC 622.
17. State of Maharastra v Narayan Rao Sham Rao Deshmukh AIR 1985 SC 476.
18. Yudhister v Ashok Kumar AIR 1987 SC 559.
19. Ramkali v Mahila Shyamwati AIR 2000 MP 288.
20. Ramchandra v Arunachalammal (1971) 3 SCC 847.
21. Padmavati Mishra v Sumitra Devi 2002 (1) HLR 114 (Pat).
22. Ramabai Padmker v Rukminibai Vishu Vekhande AIR 2003 SC 3109.
23. Kasturi Devi v Deputy Director, Consolidation AIR 1976 SC 2595.
24. V Tulsamma v Sesha Reddi AIR 1977 SC 1944
25. Bai Vijaya v Thakuribai Chelabai AIR 1979 SC 993,
286
26. Pratap Singh v Union of India AIR 1958 SC 1695 (Constitutional validity of sec. 14).
27. V Muthuswami v Angmmal AIR 2002 SC 1279.
28. Gulab Rao Balwant Rao Shinde v Chhabubai Balwant Rao Shinde AIR 2003 SC 160
29. Velamari Venkata S ivaprasad v K othuri Venkateshwarlu A IR 2000 S C 434 (remarriage
of widow that is void).
30. Seetha Lakshmiammal v Muthuvenkatarama Lyengar AIR 1998 SC 1692.
31. Bhagat Singh v Teja Singh (2002) 1 HLR 17 (SC).
32. Radhika v Ahgnu (1996) 2 HLR 344 (SC).
33. Lachman Singh v Kirpa Singh AIR 1987 SC 1616.
34. Dhanistha Kalita v Ramakanta Kalita AIR 2003 Gau 92.
35. State of Punjab v Balwant Singh AIR 1991 SC 2301.
36. Somu B ai Y ashwant J adeav v B alagovinda Y adav A IR 1983 bom 156 ( Constitutional
validity of sec. 15).
37. Jhugli Tekam v Assistant Commissioner AIR 204 MP 52.
38. Kasturi Devi v Deputy Director, Consolidation AIR 1976 SC 2595.
39. Ram Chatterjee v Debathi Mukherjee (2002) 2 SCC 193.
40. Jupudy Pardha Sarathy Vs. Pentapati Rama Krishna(2016) SCC 56
41. Prakash Vs. Phulvati(2013) 2 SCC 36
42. B adrinarayan S hankar B handari V . O mprakash, de cided o n 14 -08-2014 b y B ombay
High Court
43. L. Gowramma V. sunanda (2016) 3 SCC 356
44. Sujatha Sharma vs. Manu Gupta, decided on 22.12.2015 by Delhi High Court
45. S anjay P urshottam Patnakar vs . P rajakata P ramod P atil, de cided on 25th June 2015 b y
Bombay High Court
46. Bahadur Vs. Bratiya ,2015 SCC online HP 1555
47. Uttam Vs. Subhay Singh (2016)SCC 68
UNIT IV – The Indian Succession Act, 1925

• Applicability, hi storical de velopments, pr ovisions r elating t o c onsanguinity,
recognition of relationship by adoption; general principles of succession.
Readings
1. E L Devadasan, Christain Law in India, 1974.
2. S S S ubramani & Kannan ( Rev.), P aruck’s The Indian Succession Act, 1925 ( 9th ed.,
2002).
3. Sanjiva Rao, The Indian Succesion Act, 1925 (7th ed., 2000).
287
4. Law Commission of India: 110 Report on the Indian Succession Act, 1925.
5. “Family Law a nd S uccession” i n A nnual S urvey of Indian Law” pub: Indian L aw
Institute.
6. Poonam P radhan, S cheme of i nheritance unde r t he Indian S uccession A ct, 1925, a
comparison with Islamic and Hindu Laws, Islamic and Comparative Law Quarterly 1982
p. 101.
7. Sebastian C hampappilly, “ Christian Law o f S uccession a nd M ary R oy’s case (1994) 4
SCC (Jour) 9.
8. Land Board v Cyriac Thomas AIR 2002 SC 3161.
9. Mary Roy v State of Kerela 1986(2) SCC 209.
10. Abdur Rahim Kyakutty Haji v Joseph 1952 TC 176.
11. Louis Marie Antoine v Alexis Sandanaswamy AIR 1984 Mad 271.
12. Lucas v Jerome Pascal AIR 1977 Mad 270.
13. Indrani Wahi V. Registrar of Co-operative Societies (2016) 6SCC 440
14. Jagdish Chand Sharma Narain Singh Saini (2015) 8 SCC
15. Shakuntala Bai V. Mahavir Prasad (2015) 10 SCC 550
UNIT V Law governing intestate succession among the Parsis

• Legislative history;
• Special rules applicable to Paris intestates under the Indian Succession Act, 1925.
Readings
1. Phiroze K Irani, Personal Law of Parsis in India, in Family Law in Asia and Africa J N D
Anderson (ed.,) (1972) p. 274,
2. Mancherji v Mithibai I Bom 349.
3. Erasha v Jerbai 4 Bom 537.
4. Jehangir v Perozbai 11 Bom 1.
UNIT VI- Devolution of agricultural property in India

• A general overview of the devolution of agricultural property in India;
• State enactments, Constitutional validity of the Laws governing agricultural property.

Effect of d eletion of S ec. 4( 2) of t he H indu S uccession A ct, 1956 i n 2 005, vi a t he
Hindu Succession (Amendment) Act, 2005.
Readings
1. Bina Agarwal, A Field of one’s own: Women and Land Rights in India (1994).
288
2. B Sivarammayya, Women’s Access to Land and Other Productive Resources: Legislative

Policy of H unting w ith H ounds a nd R unning with H are i n S hamsuddin S hams e d.,
‘Woman, Law and Social Change 1991 p. 89.
3. Ambika Mishra v State of UP 1980 (3) SCC 719.
4. Mahdu Kishwar v Union of India 1996 (5) SCC 125.
5. Nirmala V. Govt. of NCT of Delhi, 4 June 2010, Delhi High Court
UNIT VII-Succession Laws and Gender Justice

• Introduction: H istorical perspective, C onstitutional G uarantee o f gender p arity an d
succession laws, sex discrimination and its socio-economic effects,
• Judicial r esponse to th e c hallenge o f d iscriminatory provisions w ith r espect to

ownership o f ma terial a ssets a nd la nd r ights, le gislative e fforts to in culcate gender
justice in succession laws, their impact and adequacy.
Readings
1. Report of Committee on Status of women in India, 1974.

2. Law C ommission of I ndia. 114 th Report on t he P roperty R ights t o W omen : P roposed
Reforms Under Hindu law (May, 2000).
3. J D M D errett, “Lurking S ex D iscrimination i n t he H indu S uccession A ct, 1956” 1978
KLT 75.
4. B S ivaramayya, C oparcenary R ights t o D aughters: C onstitutional a nd Interpretation
Issues (1997) 3 SCC (Jour) 25.
5. R S Venkatachari, “The need for amendment of the Hindu Succession Act, 1956 in regard
to C lass-II he irs poi nted out a nd t he va lidity of pos tponement o f f emale Bandhus i n
Mitakshara of s uccession on t he ba sis of A rt. 15 of t he C onstitution e xamined.” 1972 ( II)
MLJ 34.
6. Poonam P radhan S axena, “ Women’s R ight t o D welling House un der t he H indu
Succession Act, 1656 : Narasimha Murthy v S ushila Bai, AIR 1996 S C 1826- A Comment,
Vol II National Capital Law Journal 1997 p. 121.
7. Prakash C hand J ain : “ Women’s P roperty R ights unde r T raditional H indu Law a nd t he
Hindu Succession Act, 1656: Some Observations 45 JILI (2003) p. 509.
8. Narasimhamoorthy v Sushila Bai AIR 1996 SC 1826.
9. Nanjamma v State of Karnataka 1999 AIHC 3003 (Kant).
10. Ambika Mishra v State of UP 1980 (3) SCC 719.
11. Madhu Kishwar v Union of India 1996 (5) SCC 125.
UNIT VIII- Testamentary Succession

• Law o f T estamentary Succession i n India, A pplicability, T estamentary capacity,
Definition o f a W ill, C odicil, E xecutor, A dministration, P robate a nd Letters o f
289
Administration, D istinction be tween a W ill, D eed a nd D onation M ortis C ausa,

execution of Unprivileged and Privileged Wills, Attestation, Revocation, Alternation
and R evival o f W ills, B equest o f limite d a nd a bsolute e states, M ututal W ills,
Construction of W ill an d t echnical w ords, Lapse o f l egacies, G eneral, S pecific an d
Demonstrative l egacies, R epresentative t itle t o t he P roperty o f a d eceased and
Succession Certificates, Bequest for Charitable and Religious purposes.
Readings:
1. Madhukar D Shende v Tarabai Aba Shegade AIR 2002 SC 637.
2. Raja Ram Singh v Arjun Singh AIR 2002 Del 338.
3. Hirda Devi v Deolakhan Devi AIR 2002 Jhar 55.
4. Muninanjappa v R Manual AIR 2001 SC 1754.
5. Balwant Kaur v Chanan Singh AIR 2000 SC 1908.
6. Arun Kumar v Shrinivas AIR 2003 SC 2528.
7. Ramabai Padmakar Paul v Rukinibai Vishnu Vekhande AIR 2003 SC 3109.
8. P M Mani v P S Mohankumar AIR 2002 Mad 402.
9. Ganeshammal v Arunachalam AIR 2002 Mad 417.
10. Krishna Kunjulakshmi v Narzan AIR 2003 Ker 98.
11. Meera Diwan v Shakuntala Diwan AIR 2002 Del 321.
12. Mauleshwari Mani v Jagdish Prasad AIR 2002 SC 727.
13. Somwati Tiwari v People in General AIR 2003 MP 278.
14. Hari Prashad Singh v Prakash Singh AIR 2002 Jhar 97.
15. John Vallamattom v Union of India AIR 2003 SC 2902.
16. Preman v Union of India 1998 (2) KLT 1004.
Teaching Plan:
Week 1 : General Introduction : Laws o f i ntestate s uccession ap plicable t o d ifferent

communities in India
Week 2 : Legislative h istory o f th ese la ws a nd c riterion f or th eir a pplicability; religion,
domicile, form of marriage; effect of conversion on a pplicability of laws of inheritance; The
Caste Disability Removal Act, 1850 and general principles of inheritance.
Week 3: Multiplicity of Succession Laws and Uniform Civil code: Sources- Hindu Law,
Muslim Law, Christian Law.
Week 4: Multiplicity: extent and Application; Consequences; Concept of uniform civil Code:
Art 25 a nd 44 of t he C onstitution of India: D esirability a nd Feasibility o f a U niform C ivil
Code.
290
Week 5:The Hindu Succession Act, 1956: General introduction and applicability of the Act
: Devolution of the property of a male and female intestate; devolution of an interest in the
Mitakshara coparcenary and the concept of notional partition;
Week 6 : Abolition o f limite d e state f or a H indu f emale, g eneral r ules o f i nheritance,
disqualifications; Introduction of females as coparceners,
Week 7: State amendments and the Hindu Succession (Amendment) Act, 2005. The Indian
Succession Act, 1925: Applicability, hi storical de velopments, pr ovisions r elating t o
consanguinity, recognition of relationship by adoption; general principles of succession.
Week 8 : The Indian Succession Act, 1925: Applicability, h istorical d evelopments,
provisions r elating t o c onsanguinity, r ecognition of r elationship b y adoption; g eneral
principles of s uccession ( contd.) Law governing intestate succession among the Parsis:
Legislative history;
Week 9 : Special rules applicable t o P aris i ntestates under t he Indian S uccession Act, 1925.
Devolution of agricultural property in India: A g eneral ove rview of t he de volution of
agricultural property in India;
Week 10: Succession Laws and Gender Justice: Introduction: H istorical pe rspective,
Constitutional G uarantee of gender pa rity and s uccession l aws, s ex di scrimination a nd its
socio-economic effects,
Week 11: Judicial r esponse t o t he c hallenge of di scriminatory pr ovisions w ith r espect t o
ownership of material assets and land rights, legislative efforts to inculcate gender justice in
succession laws, their impact and adequacy.
Week 12: Testamentary Succession: Law of Testamentary Succession in India

Week 1 3: A pplicability, T estamentary c apacity, D efinition o f a W ill, Codicil, E xecutor,
Administration, Probate and Letters of Administration, Distinction between a Will, Deed and
Donation M ortis C ausa, e xecution of U nprivileged a nd P rivileged W ills, A ttestation,
Revocation, Alternation and Revival of Wills, Bequest of limited and absolute estates
Week 14: M ututal Wills, C onstruction of Will a nd t echnical w ords, L apse of l egacies,
General, Specific and Demonstrative legacies.
Week 15: Representative t itle t o t he P roperty o f a d eceased and S uccession C ertificates,
Bequest for Charitable and Religious purposes.

1. The s tudents w ill b e Classroom As given below.
apprised w ith t he l aws Lectures and
relating to f amily ma tters Class
applicable t o di fferent Presentations.
communities in India
291
2. The students will be able Classroom As given below.

to identify and understand Lectures and
the scheme of succession Class
under the Hindu, Muslim Presentations.
and Christian Laws.
Including matters relating
to joint family system,
competency, Karta and
his powers, partition and
the Hindu Religions
Endowments, in addition
to the Sunni and Shia Law
of Inheritance and the
Christian Law of
inheritance
3. Creating an opportunity to Classroom As given below.
consider current legal Lectures and
issues involving Class
inheritance rights and the Presentations.
devolution of estates
4. Comprehend the Classroom As given below.
applicability of these laws Lectures and
in light of plethora of Class
judgements which have Presentations.
been discussed in great
detail along with Topics
of intestacy, formalities of
wills execution,
testamentary capacity,
undue influence, rules of
construction, failed gifts,
vesting, class gifts,
conjugal relationship
claims, First Nations
wills, and lawyers’ duties
regarding succession law

Presentations)
IMPORTANT NOTE:
292

Committee o f te achers teaching th e C ourse shall b e a t lib erty to r evise th e
***********
293

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Faculty of Law, University of Delhi

LL.M. Revised Syllabus as approved by Academic Council on XXXX, 2019 and

Executive Council on YYYY, 2019

I. About the Department 03

IV. Course Wise Content Details for LL.M. Programme 35

I. About the Department

LL.M. Revised Syllabus as approved by Academic Council on XXXX, 2019 and

II. Introduction to CBCS (Choice Based Credit System)

III. LL.M. Programme Details:

Programme Specific Outcomes (PSOs):

Semester I/II/III/IV (individually for each semester)

Course Credit Scheme

Semester Core Courses Elective Course Open Elective Course Total

* Duration of examination of each paper shall be 3 hours.

Number of core courses Credits in each core course

Course Theory+ Tutorial Credits

2YLM-CC 102 Legal an d S ocial 6 0 6

2YLM-CC-201 Law a nd J ustice i n a 6 0 6

Total credits in core courses 34

Number of elective Number of Elective Courses Credits in each

2YLM-EC-103 Law of International 6 6

2YLM-EC-111 Comparative L abour 6 6

2YLM-EC-113 Criminal J ustice a nd 6 6

2YLM-EC-114 Comparative Law o f 6 6

2YLM-EC-116 Law of W omen a nd 6 6

2YLM-EC-204 Law of Corporate 6 6

2YLM-EC-206 Intellectual and 6 6

2YLM-EC-207 Insurance Law an d 6 6

2YLM-EC-208 Cyber and 6 6

2YLM-EC-209 Corporate and White 6 6

2YLM-EC-210 Law of Torts and 6 6

2YLM-EC-211 Law, M edia a nd 6 6

2YLM-EC-203 Law of Air and 6 6

2YLM-EC-107 Law of the Sea 6 6

2YLM-EC-110 Tax Policies and Tax 6 6

2YLM-EC-115 Laws of Inheritance 6 6

Total credits in Elective Courses (8 Elective Courses *6Credits) = 48

Semester wise Details of LL.M. Course

S.No. Paper No. Subject Name

Selection of Elective Courses:

Eligibility for Admissions:

Jurisprudence, Law of Contracts, Sale of Goods, Law of Torts, Consumer Protection,

Assessment of Students’ Performance and Scheme of Examinations:

Pass Percentage & Promotion Criteria/ Part I to Part II Progression:

marks) i n e ach of t he c ourses of fered b y him/her a nd i n a ddition he /she m ust ha ve

the s atisfaction of t he Dean, Faculty of Law f or hi s/her di scontinuance of

Conversion of Marks into Grades:

Grand SGPA Calculation:

Conversion of Grand CGPA into Marks

Division of Degree into Classes:

No s tudent s hall be pe rmitted t o a ppear i n t he examination of a ny T erm unl ess

Provided t hat t his r equirement s hall not be a pplicable t o t he c ompulsory

Guidelines for the Award of Internal Assessment Marks LL.M.

LL.M. Revised Syllabus as approved by Academic Council on XXXX, 2019 and

Executive Council on YYYY, 2019

II. Introduction to CBCS (Choice Based Credit System)

III. LL.M. Programme Details:

Programme Specific Outcomes (PSOs):

Part – I First Year Semester I Semester II