SYLLABUS

MASTER OF LAWS
LL.M. (CBCS) Semester- I
Examination 2022-23
(FOR FRESH, EX-STUDENTS AND DUE/ATKT STUDENTS –
NEW SCHEME)

JAINARAINVYASUNIVERSITY
JODHPUR
 FACULTY OF LAW
LIST OF TEACHING STAFF

S.No. Name Designation Qualification

1. Prof. (Dr.) Chandan Bala Professor, LL.M., Ph.D.

Head & Dean
2. Prof. (Dr.) Sunil Asopa Professor LL.M., Ph.D.
3. Dr. V.K. Bagoria Assistant Professor LL.M., Ph.D.
4. Dr. S.P. Meena Assistant Professor LL.M., DCLL, Ph.D.
5. Dr. Nidhi Sandal Assistant Professor LL.M., Ph.D.
6. Dr. Dalpat Singh Assistant Professor LL.M., DCLL, Ph.D.
7. Dr. P.K. Musha Assistant Professor LL.M., Ph.D.
8. Dr. Kuchata Ram Assistant Professor LL.M., Ph.D.
9. Dr. Vinod Kumar Meena Assistant Professor LL.M., Ph.D.

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A. LL.M. (Master of Laws)

For the purpose of admissions in LL.M. Programme of Faculty of Law, Jai

Narain Vyas University will conduct Law Entrance Tests (hereinafter
referred to as LET). Admissions will be made according to merit of the
LET. Eligibility requirements for entrance test and availability of seats are
as under:
1. LL.M. (Two Year Scheme) also known as regular course

Duration of the Course: Two years

No. of Seats: 60 (Regular)
60 (Self Finance)

Minimum eligibility criteria

3-Year LL.B. after Graduation under at least 10+2+3 pattern or five years
LL.B. Integrated Course under 10+2+5 recognized by the Bar Council of
India securing a minimum of 55% marks. However, admission may be
given to a candidate who has secured 50% marks in LL.B. in self finance
Section according to merit. The eligibility criteria for candidates, who
have got degree of LL.B. from any university other than any university of
Rajasthan will be at least 60% marks in LL.B.

I) Candidates appearing in the Final Year of the Qualifying Examination

may also apply and appear in the Test. However, the candidate will be
required to produce the original mark sheet of the qualifying
examination at the time of counseling for getting admission.
II) If the applicant has passed the qualifying Exam where grades are
awarded and:

A) where the Grade Sheet does not mention the equivalent percentage of
marks from grade points, the candidate should submit such a
Certificate of conversion from the concerned Institution mentioning
either the converted percentage, or the formula for the actual
conversion of grade point average to percentage of marks;

B) where the Grade Sheet itself mentions the equivalent percentage of

marks from grade points, or the formula for such conversion, the
candidate should get both sides of the Degree/Grade Sheet photocopied
showing the equivalent percentage of marks/conversion formula.

“Aggregate percentage of marks” will also include grace marks awarded

to a candidate. However, it will not include the marks of those subjects

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where only pass marks are required such as compulsory language,
compulsory environmental studies etc. and which do not contribute to the
total in the final (degree) mark sheet. Similarly marks of additional subject
(if any) for improvement of aggregate percentage/division will not be
considered for calculating the aggregate percentage for admission in the
University. Decision of the University in regards to such calculation shall
be final.”
No rounding off of percentage of marks will be permitted.
Reservation and Relaxation Rules
Reservation and Relaxation in Minimum Eligibility for
SC/ST/OBC/SOBC/EWS/Physically Challenged (PC) Candidates/
University Wards etc. will be provided as per University Rules for
Government Approved (Regular) Seats only. No relaxation in minimum
eligibility that is 50% in LL.B. will be provided for admission on SFS
Seats to SC/ST/OBC/SOBC/EWS/Physically Challenged (PC) Candidates/
University Wards etc.

Entrance Test Structure : There will be separate Test Paper for the
admission in the Programme. Admission to the programme will be made on
the basis of merit of LET.
LL.M.
There shall be one paper of 120 minutes duration carrying 300 marks
containing 100 multiple-choice questions on Jurisprudence, Constitutional
Law, Law of Contract, Company Law, Transfer of Property, Law of Torts,
Law of Crimes, Environmental Law, Public International Law, Indian
Evidence Act, Hindu Law and Muslim Law and laws related to IPR,
Human Rights and Labour Laws.
Entrance test Centre: Jodhpur Only.
Evaluation & Result:

Three marks shall be awarded for each correct answer while one mark shall
be deducted for each incorrect answer. Unattempted question will be
awarded zero mark. Candidate shall be selected in order of merit on the
basis of aggregate marks secured in the Entrance Test (LET) provided
he/she fulfils the minimum eligibility criteria i.e. at least 55% marks for
GAS and at least 50% marks for SFS. Merit list of the candidates
selected/waitlisted for admission, will be notified on the official notice
board of the department and university website by the Head of the
Department. The University will try to announce the result as soon as
possible which will be notified on JNVU Website: www.jnvuiums.in.

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Entrance Test Fee:
Entrance Test Fee for SC and ST is Rs. 1500/- and for others it is Rs. 2000/-
Fee will be non refundable on non appearance in LET.

Note : In matters not covered above, the University rules will be followed.

________________

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The two year degree programme of LL.M. will consist of Four Semesters. One academic
session of one year will be divided into two semesters. Candidate shall be admitted to LL.M.
First Semester only and thereafter required to qualify all four semesters. In first semester and
second semester, three core courses and one skill course will be taught in the academic
session 2022-23.

In the academic year 2022-23, a candidate appearing in the LL.M. Third and Fourth Semester
shall be examined in any one of the three groups of specialization i.e. Human Rights,
Business Law and Constitution & Legal Order. The Head of the Department may open one
or more groups out of these three groups in Third and Fourth semester examinations. A
group will open only when there will be minimum 15 students.

Details of CBCS system for LL.M. Two Years Pogramme to be effective

from session 2022-23:
GUIDELINES FOR CHOICE BASED CREDIT SYSTEM:

Definitions of Key Words:

1. Academic Year: Two consecutive (one odd + one even) semesters constitute one academic
year.
2. Choice Based Credit System (CBCS): The CBCS provides choice for students to select from
the prescribed elective and skill courses. A student need to select two elective papers offered
by the Department in which he/she is doing core course this shall be part of core programme
during third and fourth semester. Each student has to complete four skill courses: two within
the Department and two from other Department within JNV University or the Universities
approved by JNV University
3. Course: Usually referred to, as „papers‟ is a component of a programme. All courses need not
carry the same weight. The courses should define learning objectives and learning outcomes.
A course may be designed to comprise lectures/ tutorials/laboratory work/ field work/ project
work/ self-study etc. or a combination of some of these.
4. Credit Based Semester System (CBSS): Under the CBSS, the requirement for awarding a
degree is prescribed in terms of number of credits to be completed by the students.
5. Credit Point: It is the product of grade point and number of credits for a course.
6. Credit: A unit by which the course work is measured. It determines the number of hours of
instructions required per week. One credit is equivalent to one period of teaching (lecture or
tutorial) or two periods of practical work/field work per week.
7. Cumulative Grade Point Average (CGPA): It is a measure of overall cumulative
performance of a student over all semesters. The CGPA is the ratio of total credit points
secured by a student in various courses in all semesters and the sum of the total credits of all
courses in all the semesters. It is expressed up to two decimal places.
8. Grade Point: It is a numerical weight allotted to each letter grade on a 10-point scale.
9. Letter Grade: It is an index of the performance of students in a said course. Grades are
denoted by letters O, A+, A, B+, B, C, P and F.
10. Programme: An educational programme leading to award of the Postgraduate Degree in the
Core subject in which he/she is admitted.
11. Semester Grade Point Average (SGPA): It is a measure of performance of work done in a
semester. It is ratio of total credit points secured by a student in various courses registered in a
semester and the total course credits taken during that semester. It shall be expressed up to two
decimal places.
12. Semester: Each semester will consist of 15-18 weeks of academic work equivalent to 90
actual teaching days. The odd semester may be scheduled from July to November/ December
and even semester from December/January to May.

Odd semester University examination shall be during second/third week of December

and even semester University examination shall be during second/third week of May.

13. Transcript or Grade Card or Certificate: Based on the grades earned, a statement of grades
obtained shall be issued to all the registered students after every semester. This statement will

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 display the course details (code, title, number of credits, grade secured) along with SGPA of
that semester and CGPA earned till that semester

Fairness in Assessment

Assessment is an integral part of system of education as it is instrumental in identifying and certifying

the academic standards accomplished by a student and projecting them far and wide as an objective and
impartial indicator of a student‟s performance. Accordingly, the Faculty of Science resolves the
following:

a. All internal assessments shall be open assessment system only and that are based on Viva
voce, term test, seminar, paper writing, paper presentation and for core courses of
Dissertation/Thesis (Doctrinal) and Dissertation/Thesis (Non-Doctrinal), they will
comprise of material collection and its interpretation.
b. Attendance shall carry the prescribed marks in all papers and Practical examination CCA
c. In each semester at least 40 percent of theoretical component University examination
shall be undertaken by external examiners from outside the university conducting
examination, who may be appointed by the competent authority

Note-1 : Minimum students for admission in LL.M. course will be 20 and to run branch, minimum
students must be 15, if not, the students will be merged in Faculty of Law.

For running a group, if the number of students less than 15, one group will run and if exceed 15 then
second group may be started only if the remaining students are 15 in number or more. If the number of
students in LL.M. remains less than 15 then these students may be merged in the Faculty of Law of Jai
Narain Vyas University.

Note-2 : Strength for LL.M. class in affiliated college, where cadre strength of teachers is less than 12,
will be 30 students.

Note-3 : Only permanent selected teachers and retired Law teachers may take classes in LL.M.
Course. Part time/class basis or contractual teachers other than retired teachers cannot be engaged for
LL.M. course.

Grievances and Redressal Mechanism

a) The students will have the right to make an appeal against any component of evaluation. Such appeal
has to be made to the Head/Principal of the College or the Chairperson of the University Department
concerned as the case may be clearly stating in writing the reason(s) for the complaint / appeal.
b) The appeal will be assessed by the Chairman and he/she shall place before the Grievance Redressal
Committee (GRC), Chaired by the Dean, Faculty of Law and two other teachers of the Faculty and if
need be Course Teacher(s) be called for suitable explanation; GRC shall meet at least once in a
semester and prior to CCA finalization.
c) The Committee will consider the case and may give a personal hearing to the appellant before deciding
the case. The decision of the Committee will be final.
d) Each component marks will be added without rounding and the total thus obtained is ratio by a factor
of six. This value shall be rounded.

Table 1: Grades and Grade Points

S.No. Letter Grade Meaning Grade Point
1 „O‟ Outstanding 10
2 „A+‟ Excellent 9
3 „A‟ Very Good 8
4 „B+‟ Good 7
5 „B‟ Above Average 6
6 „C‟ Average 5
7 „P‟ Pass 4.5
8 „F‟ Fail 0
9 „Ab‟ Absent 0

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 i. A student obtaining Grade F in a paper shall be considered failed and will be required to
reappear in the University End Semester examination.

ii. For noncredit courses (Skill Courses) „Satisfactory‟ or “Unsatisfactory‟ shall be indicated
instead of the letter grade and this will not be counted for the computation of SGPA/CGPA

Grade Point assignment

= and > 95 % marks Grade Point 10.0
90 to less than 95 % marks Grade Point 9.5
85 to less than 90 % marks Grade Point 9.0
80 to less than 85 % marks Grade Point 8.5
75 to less than 80 % marks Grade Point 8.0
70 to less than 75 % marks Grade Point 7.5
65 to less than 70 % marks Grade Point 7.0
60 to less than 65 % marks Grade Point 6.5
55 to less than 60 % marks Grade Point 6.0
50 to less than 55 % marks Grade Point 5.5
45to less than 50 % marks Grade Point 5.0
40 to less than 45 % marks Grade Point 4.5

Computation of SGPA and CGPA:

i. The SGPA is the ratio of sum of the product of the number of credits with the grade points
scored by a student in all the courses taken by a student and the sum of the number of credits
of all the courses undergone by a student,
i.e.
SGPA (Si) = Σ (Ci x Gi) / ΣCi

WhereCi is the number of credits of the ith course and Gi is the grade point scored by the student in the
ith course.

ii. The CGPA is also calculated in the same manner taking into account all the courses
undergone by a student over all the semesters of a programme,
i.e.

CGPA = Σ (Ci x Si) / Σ Ci

where Si is the SGPA of the ith semester and Ci is the total number of credits in that semester.

iii. The SGPA and CGPA shall be rounded off to 2 decimal points and reported in the transcripts.

Illustration for SGPA

S.No. Course Credit Grade letter Grade point Credit Point

(Credit x Grade)

1 Course 1 4 B 6 4 x 6 =24
2 Course 2 4 B+ 7 4 X 7 =28
3 Course 3 4 B 6 4X 6 = 24
4 Course 4 4 O 10 4 X 10 =40
5 Course 5- 4 C 5 4 X 5 =20
Practical I
6 Course 6 – 4 B 6 4 X 6 = 24
Practical II
Total 24 24+28+24+40+20+24
=160

Thus, SGPA =160/24 =6.67

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Illustration for CGPA
Semester- I Semester-II Semester-III Semester-IV
Credit 24 24 24 24
SGPA 6.67 7.25 7 6.25

CGPA = (24X6.67+ 24X 7.25 + 24X7 + 24 X 6.25)/ 96

652.08/96 = 6.79

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 Semesterwise theory papers / Continuous Comprehensive Assessment (CCA)/ skill components

Semester-wise Theory Papers/ Continuous Comprehensive Assessment (CCA)/ Skill component

Semester-I
Type of course Course code Title of the Course Lecture- No. of Continuous End-Semester Total
Tutorial- credits Comprehensive Examination
Practical/ Assessment (ESE)
Week (CCA) [University
Examination]
Core course 1 LL.M. 101 Law and Social 6 6 30 70 100
Transformation in India
Core course 2 LL.M. 102 Indian Constitutional 6 6 30 70 100
Law: The New
Challenges
Core course 3 LL.M. 103 Law Development and 6 6 30 70 100
Decentralization
*Skill Course I Environmental Law 2
Total 20 18 90 210 300

The Department of Law shall offer one skill course per semester. They are as follows:

1. Skill Course-I – Environmental Law

2. Skill Course –II – Legal Aid, Para Legal Services and Public Interest Litigation
3. Skill Course- III – Administrative Law
4. Skill Course –IV – Criminology, Penology & Victimology

For Semester-I & II, there will be 6 lectures for core courses and 2 lectures for
skill courses.

For Semester III & IV, for courses, 1-3 - there will be 6 lectures per week and
for skill courses 2 lectures will be per week and for preparation for
Dissertation/Thesis (Doctrinal) in the III semester and Dissertation/Thesis (Non-
Doctrinal) in the IV semester – 6 periods per week will be allotted.

The duration of period will be 55 minutes.

All courses involve an evaluation system of students that has been the following
two components:

1. Continuous Comprehensive Assessment (CCA) – Accounting for 30% of the

final grade that a student gets in a course and practical i.e. Dissertation/Thesis
(Doctrinal) and Dissertation/Thesis) Non-Doctrinal).

2. End Semester Examination (ESE) – Accounting for remaining 70% of the

final grade that a student gets in a course.

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3. Viva Voce and evaluation of Dissertation/Thesis (Doctrinal) and
Dissertation/Thesis (Non-Doctrinal) – Accounting for 70 % of final grade that a
student gets in a course (50 marks for evaluation of Dissertation/Thesis and 20
marks will be for Viva Voce examination).

Continuous comprehensive assessment will have the following components:

1. Term Test : One term test shall be arranged for each course prior to end
semester examination. Examination duration shall be 3 hours.

Continuous comprehensive assessment for I & II Semester would have the

following components:

A. Term Test – 70 marks (Duration 3 hours)

B. Paper preparation – 35 marks
C. Paper presentation – 30 marks
D. Viva voce – 30 marks
E. Attendance - 15 marks

Total = 180 marks – Reduced to 30

Term test shall be arranged for each course prior to end semester
examination. Examination duration shall be 3 hours. Continuous
Comprehensive Assessment shall be completed prior to term test for all
courses. All students will have to attend a minimum of 75% lectures. Each
student will have to attend a minimum of 75% lectures. A student having
less than 75% attendance will not be allowed to appear in semester
examination. The attendance marks will be awarded by following the
system proposed below:

75% - 80% - 3
80% - 85% - 6
85% - 90% - 9
90% - 95% - 12
95% - 100% - 15

Condonation of Shortage of attendance shall be governed in accordance with the

provisions in the Act and Statute of the University vide Ordinance 78 to Ordinance 80 as
amended from time to time.

Skill course evaluation: Based on the performance of the candidate, the

department shall declare the result as satisfactory or non-satisfactory. Each
student need to get a minimum 3 (satisfactory) declaration for the course
completion.

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 For the Term test and end semester examination – there will be two parts in
the question paper. In the first part i.e. A Part, 10 questions will be asked
selecting at least 2 questions from each unit. All the 10 questions will be
compulsory and each question will carry 1 mark the word limit for answers
will be 50 words each and in Part-B, 2 questions will be asked from each
unit with internal choice and each question will carry 15 marks. The word
limit for answer will be 500 words each.

Note: Students will appear in odd skill course in the Department of Law and
in even skill course in other department of the University.

Qualifying for Next semester

1. A student acquiring minimum of 40% in total of the CCA is eligible
to join next semester.

2. A student who does not pass the examination (CCA+ESE) in any

course(s) (or due to some reason as he/she not able to appear in the ESE,
other conditions being fulfilled, and so is considered as „Fail‟), shall be
permitted to appear in such failed course(s) in the subsequent ESE to be
held for the same semester.

3. A student who fails in one or more courses in a semester shall get three
more chances to complete the same; if he/she fails to complete the same
within the prescribed time, i.e. three additional chances for each paper;
the student is ineligible for the Postgraduate degree in the Subject in
which he/she is admitted. For additional chances examination fee shall
be on additive basis.

A student, who does not pass the examination i.e. CCA + ESE in any course
(S) or due to some reason as he/she is not able to appear in ESE other
condition being fulfilled, and so is considered as “Fail” shall be permitted to
appear in such failed courses or viva voce for III & IV semester in the
subsequent ESE to be held. Every student shall have the opportunity to
improve credit through university examination only.

Improvement Option:
Every student shall have the opportunity to improve Credit
through University Examination only. Improvement
opportunity for each paper is only with two additional
chances; improvement examination fee shall be on additive
basis; the Credit obtained in improvement examination
shall be final.

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Result Declaration:
The ESE (End Semester Examination/University
Examination) results shall be declared as soon as possible.
The Classes of even semesters shall begin from the next
day of ESE; whereas odd semester classes shall commence
after summer vacation. A student will be declared passed
only when he secures 40% marks in individual course
including CCA and theory examination and 50% in
aggregate of all the courses in each semester. A student,
who does not secure 50% marks in aggregate of all the
courses will have to reappear in all the courses again.
His marks of CCA’s will be carried over if he wishes so
or he may reappear in that semester. If a student
secures 50% marks in aggregate of all the courses but
could not secure 40% marks in any course may
reappear in those courses only. His marks of CCA’s
may be carried over or he may reappear if he wishes so.

A student who could not secure 50% marks in

aggregate of all the courses in third and fourth
semester, he will have to reappear in all the courses,
however, in third and fourth semester if the student has
prepared his dissertation for course fourth and
submitted the same and appeared in the viva voce,
his/her marks of dissertation and viva voce, and CCA’s
relating to this course may be carried over or he/she
may prepare the same again if he/she wishes so. He
may again show the collected material and interpret it
to the supervisor to whom he has been allotted who will
award marks for the same. A student, who was not
allowed to appear in the End Semester examination
because he could not secure 40% marks in CCA’s will
have to appear in all the CCA’s and End Semester
examination of that semester.

Students Failed in CCA:

Any student declared “Not Eligible” by the Department
based on CCA in Semester I, II, III or IV and accordingly
did not appear in ESE; can be readmitted as an additional
student in that Semester in the following year only. Such
student need to deposit the annual university fee as
prescribed for that academic year.

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 For preparation of dissertation in third and fourth semester, the Head of
the Department in the Faculty of Law shall assign the teachers of the
Faculty, the list of the students whom they will have to supervise and for
affiliated colleges, the Principal shall assign the teachers the list of the
students to whom they will supervise. The Dissertation/Thesis (Doctrinal) in
the III Semester and Dissertation/Thesis (Non-Doctrinal) in the IV Semester
shall be submitted to the Registrar of the University through the Head of the
Department positively 15 days before the commencement of the theory
examination. The Vice-Chancellor on the recommendation of the Head of
the Department shall appoint two examiners, one of whom shall be the Head
of Department or any other teacher of the Department nominated by him and
there will be one external examiner. The Examiners shall report to the
Registrar their award on the Dissertation/Thesis (Doctrinal) and
Dissertation/Thesis (Non-Doctrinal) within the time prescribed in that
behalf. If there is difference of 20% in marking, the matter will be referred
to third examiner.

The Head of the Department shall have power regarding interpretation

of rules in case of any confusion.

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 SEMESTER FIRST
PAPER I
LL.M. 101 LAW AND SOCIAL TRANSFORMATION IN INDIA

Objectives of the Course

This course is designed to offer the teacher and the taught with (i) awareness of Indian
approaches social and economic problems in the context of law as a means of social control
and change; and (ii) a spirit of inquiry to explore and exploit law and legal institutions as a
means to achieve development within the framework of law. The endeavour is to make the
students aware of the role of the law has played and has to play in the contemporary Indian
society.

Unit 1: Concept of Social Change and Social Transformation

Relation between Law and Public Opinion
Law as an instrument of social change
Law tradition and culture. Impact of common law on Indian Tradition
& Culture.
Sociological school and its applicability in India.
Principles of social legislation

Religion and the Law :

Religion-its meaning and relationship with law
Evaluation of Religion as an integrative and divisive factor
Concept of Secularism in Indian Perspective
Religious minorities and the law
Principles of social legislation

Unit 2 : Language and the Law :

Multi-linguistic culture and its impact on policy in governance
Role of Language in society
Formation of linguistic states-critical evaluation
Constitutional guarantee to linguistic minorities
Language policy and the Constitution; Official language
Community and the Law :
Caste as a socio-cultural reality and role of caste as a divisive and
integrative factor
Non-discrimination on the ground of caste
Acceptance of caste as a factor to undo past injustices-An objective
analysis
Protective discrimination; Scheduled Castes, tribes and backward
classes
Reservation Policy, Statutory Commissions and Problems of National
Integration

Unit 3 : Regionalism and the Law :

Role of Regionalism as a divisive and integrative factor
Concept of India as one unit
Right of Movement, residence and business, impermissibility of state
or regional barriers
Equality in matters of employment; the slogan "Sons of the soil" and
its practice
Admission to educational institutions; preference to residents of a state

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 Women and the Law:
Position and role of women in Indian society
Crimes against women
Gender injustice and its various forms, causes and remedies
Women's Commission
Empowerment of women; Constitutional and other legal provisions

Unit 4 : Children and the Law:

Child labour
Sexual exploitation
Adoption, maintenance and related problems
Children and education-a constitutional mandate

Modernisation and the Law:

Modernisation as a value: Constitutional perspectives
Modernisation of social institutions through law
Reform of family law
Agrarian reform-Industrialisation of agriculture
Criminal Law : Plea bargaining; compounding and payment of
compensation to victims
Civil Law (ADR) Confrontation v. Consensus; mediation and
conciliation; Lok Adalat

SELECT BIBLIOGRAPHY
Marc Galanter (ed.) : Law and Society in Modern India (1997), Oxford
Robert Lingat : The Classical Law of India (1998), Oxford
U. Baxi : The Crisis of the Indian Legal System (1982). Vikas, New Delhi
U. Bax; (ed.): Law and Poverty Critical Essav (1988)
Tripathy, Bombay
Manushi : A Journal About Women and Society
Duncan Derret : The State, Religion and Law in India (1999) OxfordUniversity Press, New Delhi
H.M. Seervai : Constitutional Law in India (1999) Tripathi
D.D. Basu: Shorter Constitution of India (1996), Prentice Hall of India (P) Ltd., New Delhi
Sunil Deshta and Kiran Deshta : Law and Menace of ChiedLabour; (2000) Anmol Publications, Delhi
Savitri Gurasekirare : Children, Law and Justice (1997), Sage
Indian Law Institute : Law and Social Change : Indo-American Reflection; (1988). Tripathi, Mumbai.
J. B. Kriplani : Gandhi-His Life and Thought 1970, Ministry of Information and Broadcasting,
Government of India
M.P. Jain : Outlines of Indian Legal History (I993), Tripathi, Bombay
Aguas, Flavia : Law and Gender Inequality : The Politics of Women's Rights in India (1999), Oxford

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 PAPER II
LL.M. 102 INDIAN CONSTITUTIONAL LAW :
THE NEW CHALLENGES
Objectives of the Course
The Constitution, a living document, is said to be always in the making. The judicial process
of constitutional interpretation involves a technique of adapting the law to meet changing
social mores. Constitution being the fundamental law an insight into its new trends is
essential for a meaningful understanding of the legal system and processes. The post-graduate
students in law who had the basic knowledge of Indian Constitutional Law at LL.B level,
should be exposed to the new challenges and perspectives of constitutional development
while they are allowed to choose an area of law specialisation. Obviously, topics under this
paper require modification and updating from time to time.

Unit 1: Federalism:
Creation of new states
Allocation and share of resources
The inter-state disputes on resources
Rehabilitation of internally displaced persons and Centre's responsibility
Freedom of Trade, Commerce and Intercourse
Services under Union
Emergency Provisions
Federal Comity
Special status of certain States, Tribal Areas, Scheduled Areas

Unit 2: "State" Meaning and Scope in Modern Perspective

Right to equality: Privatization and its impact on affirmative action
Freedom of Press and challenges of new scientific development
i) Freedom of speech
ii) Right to strike, hartal and bandh
iii) Emerging regime of new right and remedies-Right to Education;
Right to Information and Right to Privacy, Right to Health
iv) Reading Directive Principles and Fundamental Duties into Fundamental Rights
v) Compensatory jurisprudence
vi) Right to life and liberty and Criminal Jurisprudence
vii) Commercialisation of education and its impact

Unit 3 : Stresses and Strains of Governance

Right of minorities
Secularism and religious fanaticism
Separation of powers : stresses and strain
Judicial activism and judicial restraint
PIL : Implementation
Judicial independence
Appointment, transfer and removal of judges
Accountability : Executive and judiciary
Tribunals : Need, Necessity and Constitutionality

Unit 4 : Democratic Process :

Nexus of politics with criminals and the business
Election : Mechanism and Procedure

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 Election Commission : Status
Electoral Reforms : Accountability, Transparency,

Coalition Government, stability, durability, corrupt practice

Grassroot democracy, Democratic decentralization and local self-government
Free and Fair, Election and remedies

SELECT BIBLIOGRAPHY
No specific bibliography is suggested for this course since the course materials depends upon
the latest developments. These developments in the areas specialized in course can be
gathered from the recent material such as case law, changes and amendments of laws, critical
comments, studies and reports, articles and research papers and lastly contemporary emerging
ethos impacting on constitutional values.

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 PAPER III
LL.M. 103 LAW, DEVELOPMENT AND DECENTRALIZATION

Objectives: The students of Law at post-graduate level should study and understand the inter-
relationship of law, development and democratic decentralization of power upto grass root
level. The instrumentality of law is a key driver for promoting socio-economic growth in
orderly manner of the nation. Students need to be sensitized and their understanding of legal
dynamics should be enriched. The benefits of development can best be percolated through
the process of decentralization. The people of country must have effective role in the
governance. Therefore, this paper will provide the students of LL.M. Part-I an opportunity
to study and learn the legal skills, tools and techniques for the alround development of nation.
This will help in fostering research also.

The subject is divided into four units:

Unit1: Constitutional mandate for Development and Democratic decentralization.

International Trends of Legal processes ensuring development and distribution
of power.
Survey of major legislative efforts made towards promotion of developmental
jurisprudence.
Role of Education-Primary, Secondary & Higher Education in promoting
developmental goals.
Policy decisions & legitimate expectations.

Unit 2: Institutional Infrastructure and Development

Revitalizating Growth and Competitiveness
Study of Human Development Issues
Public Private Partnership Model
Environment and Development
Development and Environmental Issues
Development and issues of dislocation, displacement and other Human Rights
Sustainable Development and Environment

Unit 3: Analytical & Critical study of Constitutional Provisions ensuring

decentralization of power.
Legal Framework at State Level- Panchayat Raj Institution-Law and Practice
Empirical study of Panchayat Raj Institution in Rajasthan
Role of Public Opinion,
Public Participation and Civil Society in Promoting effective decentralization
of Power

Unit 4 : Role of Intellectual Property in Development

Corporate Governance
The politics of power and constitutional contradictions
Need for Labour Reforms
Reforms in Taxation

Suggested Readings:
1. Re-emerging India, N.Jadhav, Rajiv Ranjan and SujanHajra The ICFAI Uni. Press.
2005
2. Agricultural and Economic Reform: Growth & welfare

19
3. Indian Urbanization and Economic Growth Becker Charles, M. Jeffery Baltimore,
Jhon. Hop. Uni. Press.
4. Law and Social Transformation, P. IswarBhatt EBC 2009.
Journals :
1. Indian Journal of Legal Studies
2. GNLU Journal of Law, Development &Politics GNLU
3. Indian Journal of International Economic Law NLUSI
4. Socio Legal Review NLUSI
5. Journal of Indian Law Institute ILI
Act, Statute/Reports
- Constitution of Indian
- Law Relating to Intellectual Property Rights
- Corporate Laws Companies Act
- Labour Laws/Environment Laws/Forest Act, Planning Commission Report/UN MDG.

20
 SKILL COURSE – I
Environmental Law

Unit-I Environmental Pollution-Meaning, definition and kinds, sources and causes

of environmental pollution, Effects of environment degradation.
Unit-II Civil Law- The Constitutional Law of India-Preamble, Articles 21, 48-A
and 51-A(g), The Code of Civil Procedure-Section 9 Order 39, Rule 1 to 5
Law relating to nuisance.
Unit-III The Water (Prevention and Control of Pollution) Act, 1974 The Air
(Prevention and Control of Pollution) Act, 1981
Unit-IV The Environment (Protection) Act, 1986
Aims and Objects; Definition; General Powers of the Central Government
Prevention, Control and abatement of Environmental Pollution

BOOKS RECOMMENDED

VR. Krishna Iyer : Environmental Pollution and the Law

Lall's Commentaries on Water and Air Pollution Laws
Suresh Jain and Vimal Jain : Environmental Laws in India
Citizen Report, Published by the Centre for Science and Environment, New Delhi
Marudhar Mridul : Public Interest Litigation-A Profile
The Water (Prevention and Control of Pollution) Act, 1974.
The Air(Prevention and Control of Pollution)Act, 1981
The Environment (Protection)Act, 1986
The Wild Life (Protection) Act, 1972 ThePolice Act, 1861
The Insecticide Act, 1961
The Motor Vehicles Act, 1988 The Income Tax Act, 1961
The Public Liability Insurance Act, 1968
The Forest Conservation Act, 1980
Paras Diwan : Law and Environment
ILI Publication Editor Dr. S.N. Jain : Seminar Proceedings of Environment Protection Law
Rahimatulla Khan: Law, Science and Environment
M.C.J., Kagzi (Editor) : Environmental Pollution and Law, Published by University Studies in Law,
Jaipur
The Code of Civil Procedure, 1908
The Code of Criminal Procedure, 1973
The Indian Penal Code, 1980

_____________

21
 SYLLABUS
MASTER OF LAWS

LL.M. (CBCS) Semester – I

Examination 2021-22
FOR DUE/BACK PAPERS – OLD SCHEME
ONLY
(Admitted prior to 2020-21)

JAINARAINVYASUNIVERSITY
JODHPUR

22
Details of CBCS system for LL.M. Two Years Pogramme to be effective
from session 2019-20:
GUIDELINES FOR CHOICE BASED CREDIT SYSTEM:

Definitions of Key Words:

14. Academic Year: Two consecutive (one odd + one even) semesters constitute one academic
year.
15. Choice Based Credit System (CBCS): The CBCS provides choice for students to select from
the prescribed elective and skill courses. A student need to select two elective papers offered
by the Department in which he/she is doing core course this shall be part of core programme
during third and fourth semester. Each student has to complete four skill courses: two within
the Department and two from other Department within JNV University or the Universities
approved by JNV University
16. Course: Usually referred to, as „papers‟ is a component of a programme. All courses need not
carry the same weight. The courses should define learning objectives and learning outcomes.
A course may be designed to comprise lectures/ tutorials/laboratory work/ field work/ project
work/ self-study etc. or a combination of some of these.
17. Credit Based Semester System (CBSS): Under the CBSS, the requirement for awarding a
degree is prescribed in terms of number of credits to be completed by the students.
18. Credit Point: It is the product of grade point and number of credits for a course.
19. Credit: A unit by which the course work is measured. It determines the number of hours of
instructions required per week. One credit is equivalent to one period of teaching (lecture or
tutorial) or two periods of practical work/field work per week.
20. Cumulative Grade Point Average (CGPA): It is a measure of overall cumulative
performance of a student over all semesters. The CGPA is the ratio of total credit points
secured by a student in various courses in all semesters and the sum of the total credits of all
courses in all the semesters. It is expressed up to two decimal places.
21. Grade Point: It is a numerical weight allotted to each letter grade on a 10-point scale.
22. Letter Grade: It is an index of the performance of students in a said course. Grades are
denoted by letters O, A+, A, B+, B, C, P and F.
23. Programme: An educational programme leading to award of the Postgraduate Degree in the
Core subject in which he/she is admitted.
24. Semester Grade Point Average (SGPA): It is a measure of performance of work done in a
semester. It is ratio of total credit points secured by a student in various courses registered in a
semester and the total course credits taken during that semester. It shall be expressed up to two
decimal places.
25. Semester: Each semester will consist of 15-18 weeks of academic work equivalent to 90
actual teaching days. The odd semester may be scheduled from July to November/ December
and even semester from December/January to May.

Odd semester University examination shall be during second/third week of December

and even semester University examination shall be during second/third week of May.

26. Transcript or Grade Card or Certificate: Based on the grades earned, a statement of grades
obtained shall be issued to all the registered students after every semester. This statement will
display the course details (code, title, number of credits, grade secured) along with SGPA of
that semester and CGPA earned till that semester

Fairness in Assessment

Assessment is an integral part of system of education as it is instrumental in identifying and certifying

the academic standards accomplished by a student and projecting them far and wide as an objective and
impartial indicator of a student‟s performance. Accordingly, the Faculty of Science resolves the
following:

d. All internal assessments shall be open assessment system only and that are based on Viva
voce, term test, seminar, paper writing, paper presentation and for core courses of
Dissertation/Thesis (Doctrinal) and Dissertation/Thesis (Non-Doctrinal), they will
comprise of material collection and its interpretation.
e. Attendance shall carry the prescribed marks in all papers and Practical examination CCA

23
 f. In each semester at least 40 percent of theoretical component University examination
shall be undertaken by external examiners from outside the university conducting
examination, who may be appointed by the competent authority

Grievances and Redressal Mechanism

e) The students will have the right to make an appeal against any component of evaluation. Such appeal
has to be made to the Head/Principal of the College or the Chairperson of the University Department
concerned as the case may be clearly stating in writing the reason(s) for the complaint / appeal.
f) The appeal will be assessed by the Chairman and he/she shall place before the Grievance Redressal
Committee (GRC), Chaired by the Dean, Faculty of Law and two other teachers of the Faculty and if
need be Course Teacher(s) be called for suitable explanation; GRC shall meet at least once in a
semester and prior to CCA finalization.
g) The Committee will consider the case and may give a personal hearing to the appellant before deciding
the case. The decision of the Committee will be final.
h) Each component marks will be added without rounding and the total thus obtained is ratio by a factor
of six. This value shall be rounded.

Table 1: Grades and Grade Points

S.No. Letter Grade Meaning Grade Point
1 „O‟ Outstanding 10
2 „A+‟ Excellent 9
3 „A‟ Very Good 8
4 „B+‟ Good 7
5 „B‟ Above Average 6
6 „C‟ Average 5
7 „P‟ Pass 4.5
8 „F‟ Fail 0
9 „Ab‟ Absent 0

iii. A student obtaining Grade F in a paper shall be considered failed and will be required to
reappear in the University End Semester examination.

iv. For noncredit courses (Skill Courses) „Satisfactory‟ or “Unsatisfactory‟ shall be indicated
instead of the letter grade and this will not be counted for the computation of SGPA/CGPA

Grade Point assignment

= and > 95 % marks Grade Point 10.0
90 to less than 95 % marks Grade Point 9.5
85 to less than 90 % marks Grade Point 9.0
80 to less than 85 % marks Grade Point 8.5
75 to less than 80 % marks Grade Point 8.0
70 to less than 75 % marks Grade Point 7.5
65 to less than 70 % marks Grade Point 7.0
60 to less than 65 % marks Grade Point 6.5
55 to less than 60 % marks Grade Point 6.0
50 to less than 55 % marks Grade Point 5.5
45to less than 50 % marks Grade Point 5.0
40 to less than 45 % marks Grade Point 4.5

Computation of SGPA and CGPA:

iv. The SGPA is the ratio of sum of the product of the number of credits with the grade points
scored by a student in all the courses taken by a student and the sum of the number of credits
of all the courses undergone by a student,
i.e.
SGPA (Si) = Σ (Ci x Gi) / ΣCi

24
 WhereCi is the number of credits of the ith course and Gi is the grade point scored by the student in the
ith course.

v. The CGPA is also calculated in the same manner taking into account all the courses
undergone by a student over all the semesters of a programme,
i.e.

CGPA = Σ (Ci x Si) / Σ Ci

where Si is the SGPA of the ith semester and Ci is the total number of credits in that semester.

vi. The SGPA and CGPA shall be rounded off to 2 decimal points and reported in the transcripts.

Illustration for SGPA

S.No. Course Credit Grade letter Grade point Credit Point

(Credit x Grade)

1 Course 1 4 B 6 4 x 6 =24
2 Course 2 4 B+ 7 4 X 7 =28
3 Course 3 4 B 6 4X 6 = 24
4 Course 4 4 O 10 4 X 10 =40
5 Course 5- 4 C 5 4 X 5 =20
Practical I
6 Course 6 – 4 B 6 4 X 6 = 24
Practical II
Total 24 24+28+24+40+20+24
=160

Thus, SGPA =160/24 =6.67

Illustration for CGPA

Semester- I Semester-II Semester-III Semester-IV
Credit 24 24 24 24
SGPA 6.67 7.25 7 6.25

CGPA = (24X6.67+ 24X 7.25 + 24X7 + 24 X 6.25)/ 96

652.08/96 = 6.79

25
 Semesterwise theory papers /practical/ skill components

Semester-wise Theory Papers/Practical / Skill component

Semester-I
Type of course Course code Title of the Course Lecture- No. of Continuous End-Semester Total
Tutorial- credits Comprehensive Examination
Practical/ Assessment (ESE)
Week (CCA) [University
Examination]
Core course 1 LL.M. 101 Law and Social 6 6 30 70 100
Transformation in India-I
Core course 2 LL.M. 102 Indian Constitutional 6 6 30 70 100
Law: The New
Challenges-I
Core course 3 LL.M. 103 Judicial Process-I 6 6 30 70 100
Core course 4 LL.M. 104 Legal Education and 6 6 30 70 100
Research Methodology-I
Core course 5 LL.M. 105 Law Development and 6 6 30 70 100
Decentralization-I
*Skill Course I Interpretation of 2
Statutes
Total 32 30 150 350 500

The Department of Law shall offer one skill course per semester. They are as follows:

1. Skill Course-I- Interpretation of Statutes

2. Skill Course -II– Legal Aid, Para Legal Services and Public Interest Litigation

For Semester-I & II, there will be 6 lectures for core courses and 2 lectures for
skill courses.

The duration of period will be 55 minutes.

Continuous comprehensive assessment will have the following components :

1. Term Test : One term test shall be arranged for each course prior to end
semester examination. Examination duration shall be 3 hours.

Continuous comprehensive assessment for I & II Semester would have the

following components:

F. Term Test – 70 marks (Duration 3 hours)

G. Paper preparation – 35 marks
H. Paper presentation – 30 marks
I. Viva voce – 30 marks
J. Attendance - 15 marks

Total = 180 marks – Reduced to 30

26
 Term test shall be arranged for each paper prior to end semester examination.
Examination duration shall be 3 hours. Continuous Comprehensive
Assessment shall be completed prior to term test for all papers. All students
will have to attend a minimum of 75% lectures. Each student will have to
attend a minimum of 75% lectures. A student having less than 75%
attendance will not be allowed to appear in semester examination. The
attendance marks will be awarded by following the system proposed below:

75% - 80% - 3
80% - 85% - 6
85% - 90% - 9
90% - 95% - 12
95% - 100% - 15

Each student’s cumulative attendance shall be displayed in the Department Notice Board every
month with a copy to the Dean, Faculty of Law.
Condonation of Shortage of attendance shall be governed in accordance with the
provisions in the Act and Statute of the University vide Ordinance 78 to Ordinance 80 as
amended from time to time.

Skill course evaluation: Based on the performance of the candidate, the

department shall declare the result as satisfactory or non-satisfactory. Each
student need to get a minimum 3 (satisfactory) declaration for the course
completion.

For the Term test and end semester examination – there will be two parts in
the question paper. In the first part i.e. A Part, 10 questions will be asked
selecting at least 2 questions from each unit. All the 10 questions will be
compulsory and each question will carry 1 mark the word limit for answers
will be 50 words each and in Part-B, 2 questions will be asked from each
unit with internal choice and each question will carry 15 marks. The word
limit for answer will be 500 words each.

Note: Students will appear in odd skill course in the Department of Law and
in even skill course in other department of the University.

Qualifying for Next semester

1. A student acquiring minimum of 40% in total of the CCA is eligible
to join next semester.

2. A student who does not pass the examination (CCA+ESE) in any

course(s) (or due to some reason as he/she not able to appear in the ESE,
other conditions being fulfilled, and so is considered as „Fail‟), shall be

27
 permitted to appear in such failed course(s) in the subsequent ESE to be
held for the same semester.

3. A student who fails in one or more papers in a semester shall get three
more chances to complete the same; if he/she fails to complete the same
within the prescribed time, i.e. three additional chances for each paper;
the student is ineligible for the Postgraduate degree in the Subject in
which he/she is admitted. For additional chances examination fee shall
be on additive basis.

A student, who does not pass the examination i.e. CCA + ESE in any course
(S) or due to some reason as he/she is not able to appear in ESE other
condition being fulfilled, and so is considered as “Fail” shall be permitted to
appear in such failed courses or viva voce for III & IV semester in the
subsequent ESE to be held. Every student shall have the opportunity to
improve credit through university examination only.

Improvement Option:
Every student shall have the opportunity to improve Credit
thorough University Examination only. Improvement
opportunity for each paper is only with two additional
chances; improvement examination fee shall be on additive
basis; the Credit obtained in improvement examination
shall be final.

Result Declaration:
The ESE (End Semester Examination/University
Examination) results shall be declared as soon as possible.
The Classes of even semesters shall begin from the next
day of ESE; whereas odd semester classes shall commence
after summer vacation. A student will be declared passed
only when he secures 40% marks in individual course
including CCA and theory examination and 50% in
aggregate in all the courses in each semester.

Students Failed in CCA:

Any student declared “Not Eligible” by the Department
based on CCA in Semester I, II, III or IV and accordingly
did not appear in ESE; can be readmitted as an additional
student in that Semester in the following year only. Such
student need to deposit the annual university fee as
prescribed for that academic year.

28
 The Dissertation/Thesis (Doctrinal) in the III Semester and
Dissertation/Thesis (Non-Doctrinal) in the IV Semester shall be submitted to
the Registrar of the University through the Head of the Department
positively 15 days before the commencement of the theory examination. The
Vice-Chancellor on the recommendation of the Head of the Department shall
appoint two examiners, one of whom shall be the Head of Department or any
other teacher of the Department nominated by him and there will be one
external examiner. The Examiners shall report to the Registrar their award
on the Dissertation/Thesis (Doctrinal) and Dissertation/Thesis (Non-
Doctrinal) within the time prescribed in that behalf. If there is difference of
20% in marking, the matter will be referred to third examiner.

The Head of the Department shall have power regarding interpretation

of rules in case of any confusion.

29
Details of course contents
SEMESTER FIRST
PAPER I
LL.M. 101LAW AND SOCIAL TRANSFORMATION IN INDIA-I

Objectives of the Course

This course is designed to offer the teacher and the taught with (i) awareness of Indian
approaches social and economic problems in the context of law as a means of social control
and change; and (ii) a spirit of inquiry to explore and exploit law and legal institutions as a
means to achieve development within the framework of law. The endeavour is to make the
students aware of the role of the law has played and has to play in the contemporary Indian
society.

Unit 1: Concept of Social Change and Social Transformation

Relation between Law and Public Opinion
Law as an instrument of social change
Law tradition and culture. Impact of common law on Indian Tradition
& Culture.
Sociological school and its applicability in India.
Principles of social legislation

Unit 2: Religion and the Law :

Religion-its meaning and relationship with law
Evaluation of Religion as an integrative and divisive factor
Concept of Secularism in Indian Perspective
Religious minorities and the law
Principles of social legislation

Unit 3 : Language and the Law :

Multi-linguistic culture and its impact on policy in governance
Role of Language in society
Formation of linguistic states-critical evaluation
Constitutional guarantee to linguistic minorities
Language policy and the Constitution; Official language

Unit 4: Community and the Law :

Caste as a socio-cultural reality and role of caste as a divisive and
integrative factor
Non-discrimination on the ground of caste
Acceptance of caste as a factor to undo past injustices-An objective
analysis
Protective discrimination; Scheduled Castes, tribes and backward
classes
Reservation Policy, Statutory Commissions and Problems of National
Integration

SELECT BIBLIOGRAPHY
Marc Galanter (ed.) : Law and Society in Modern India (1997), Oxford
Robert Lingat : The Classical Law of India (1998), Oxford

30
U. Baxi : The Crisis of the Indian Legal System (1982). Vikas, New Delhi
U. Bax; (ed.): Law and Poverty Critical Essav (1988)
Tripathy, Bombay
Manushi : A Journal About Women and Society
Duncan Derret : The State, Religion and Law in India (1999) OxfordUniversity Press, New Delhi
H.M. Seervai : Constitutional Law in India (1999) Tripathi
D.D. Basu: Shorter Constitution of India (1996), Prentice Hall of India (P) Ltd., New Delhi
Sunil Deshta and Kiran Deshta : Law and Menace of ChiedLabour; (2000) Anmol Publications, Delhi
Savitri Gurasekirare : Children, Law and Justice (1997), Sage
Indian Law Institute : Law and Social Change : Indo-American Reflection; (1988). Tripathi, Mumbai.
J. B. Kriplani : Gandhi-His Life and Thought 1970, Ministry of Information and Broadcasting,
Government of India
M.P. Jain : Outlines of Indian Legal History (I993), Tripathi, Bombay
Aguas, Flavia : Law and Gender Inequality : The Politics of Women's Rights in India (1999), Oxford

31
 PAPER II
LL.M. 102INDIAN CONSTITUTIONAL LAW :
THE NEW CHALLENGES-I
Objectives of the Course
The Constitution, a living document, is said to be always in the making. The judicial process
of constitutional interpretation involves, a technique of adapting the law to meet changing
social mores. Constitution being the fundamental law an insight into its new trends is
essential for a meaningful understanding of the legal system and processes. The post-graduate
students in law who had the basic knowledge of Indian Constitutional Law at LL.B level,
should be exposed to the new challenges and perspectives of constitutional development
while they are allowed to choose an area of law specialisation. Obviously, topics under this
paper require modification and updating from time to time.

Unit 1 : Federalism :
Creation of new states
Allocation and share of resources
The inter-state disputes on resources
Rehabilitation of internally displaced persons and Centre's responsibility
Freedom of Trade, Commerce and Intercourse

Unit 2 : Services under Union

Emergency Provisions
Federal Comity
Special status of certain States, Tribal Areas, Scheduled Areas

Unit 3 : "State" Meaning and Scope in Modern Perspective

Right to equality : Privatization and its impact on affirmative action
Freedom of Press and challenges of new scientific development
Freedom of speech
Right to strike, hartal and bandh
Emerging regime of new right and remedies-Right to Education;

Unit 4: Right to Information and Right to Privacy, Right to Health

Reading Directive Principles and Fundamental Duties into Fundamental Rights
Compensatory jurisprudence
Right to life and liberty and Criminal Jurisprudence
Commercialisation of education and its impact

SELECT BIBLIOGRAPHY
No specific bibliography is suggested for this course since the course materials depends upon
the latest developments. These developments in the areas specialized in course can be
gathered from the recent material such as case law, changes and amendments of laws, critical
comments, studies and reports, articles and research papers and lastly contemporary emerging
ethos impacting on constitutional values.

32
 PAPER III
LL.M. 103JUDICIAL PROCESS-I

Objectives of the Course

A lawyer, whether academic or professional, is expected to be competent to analyse and

evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on
Judicial Process is essential in the LL.M. curriculum. The objective of this paper is to study
the nature of judicial process as an instrument of social ordering. It is intended to highlight
the role of court as policy maker participant in the power process and as an instrument of
social change. This paper further intends to expose the intricacies of judicial creativity and
the judicial tools and techniques.

Since the ultimate aim of any legal process or system is pursuit of justice, a systematic study
of the concept of justice and its various theoretical foundations is required. This paper,
therefore, intends to familiarise the students with various theories different aspects and
alternative ways of attaining justice.

Unit 1: Nature of Judicial Process :

Judicial process as an instrument of social change
Judicial process and creativity in law-common law model,
Legal Reasoning and growth of law change and stability
The tools and techniques of judicial creativity precedent

Unit 2: Legal development and creativity through legal reasoning

Legal development and creativity through statutory and codified systems
Notions of judicial review
Role of judiciary in constitutional adjudication-various theories of judicial role
Judicial Behaviour and constitutional adjudication

Unit 3 : Judicial Process in India :

Judicial accountability-Problems and Prospects
Indian debate on the role of judges and on the notion of judicial review
The "independence" of judiciary
"Political" nature of judicial process
Development of Human Rights jurisprudence by judiciary

Unit 4 : Judicial activism and creativity of the Supreme Court-the tools and techniques of
creativity
Judicial process in pursuit of constitutional goals and values
New dimensions of judicial activism
Judicial activism and structural challenges
Institutional liability of courts scope and limits

SELECT BIBLIOGRAPHY
Julius Store : The Province and Function of Law, Part II, Chs. 1-8-16 (2000), Universal, New
Delhi
Cardozo : The Nature of Judicial Process (1995), Universal, New Delhi

33
Henry J. Abraham : The Judicial Process (1998), Oxford
J.Stone : Precedent and the Law : Dynamics of Common Law Growth (1985), Butterworths
W. Friedmann : Legal Theory (1960), Stevens, London
Bodenheimer : Jurisprudence - The Philosophy and Method of the Law (1997), Universal,
Delhi
J. Stone : Legal System and Lawyer's Reasoning (1999), Universal, Delhi
U. Baxi : The Indian Supreme Court and Politics (1980), Eastern, Lucknow
Rajeev Dhavan : The Supreme Court of India - A Socio-Legal Critique of its Juristic
Techniques (1977), Tripathi, Bombay
John Rawls : A Theory of Justice (2000), Universal, Delhi
Edward, H. Levi : An Introduction to Legal Reasoning (1970), University of Chicago

34
 PAPER IV
LL.M. 104 LEGAL EDUCATION AND RESEARCH
METHODOLOGY-I

Objectives of the Course

A Post-graduate student of Law should get an insight into the objectives of legal education.
He should have an exposure to programmes like organization of seminars, publication of Law
Journals and holding of legal aid clinics

Law is taught in different ways in different countries. The LL.M. course, being intended also
to produce lawyers with better competence and expertise, it is imperative that the student
should familiarise himself along with the different systems of legal education. The lecture
method both at LL.B. level and LL.M. level has many demerits. The existing lacunae can be
eliminated by following other methods of learning such as case methods, problem method.
discussion method, seminar method and a combination of all these methods.

The student has to be exposed to those methods so as to develop his skills.

Growth of legal science in India depends on the nature and career of legal research. The
syllabus is also designed to develop skills in research and writing in a systematic manner.

Unit 1 : Objectives of Legal Education

Lecture Method of Teaching-Merits and demerits
The problem method
Discussion method and its suitability at postgraduate level teaching

Unit 2 : The seminar method of teaching

Examination system and problems in evaluation -external and internal
assessment
Student participation in, law school programmes, Organization of seminars,
publication of journal and assessment of teachers
Clinical legal education-legal aid, legal literacy, legal survey and law reform

Unit 3 : Research Method :

Socio Legal Research
Doctrinal and non-doctrinal
Relevance of empirical research
Induction and deduction

Unit 4: Identification of problem of research what is a research problem

Survey of available literature and preparation of bibliography
Legislative materials including subordinate legislation,
Notification and policy statements

SELECT BIBLIOGRAPHY
High Brayai, NegelDunean and Richard Crimes : Clinical Legal Education : Active Learning
in, your LawSchool (1998), Blackstone Press Ltd., London
S.K. Agarwal (ed.) : Legal Education in India (1993), Tripathi, Bombay
N.P. Madhava Menun (ed.) : A Handbook of Clinical Legal Education (1998). Eastern Book
Company. Lucknow

35
M.O. Price, H. Bitner and Bysicqicz : Effective Legal Research (1978)
Pauline V. Young : Scientific Social Survey and Research (1962)
William, J. Grade and Paul, K. Hatt : Methods in Social Research, McGraw Hill Book
Company, London
H.M. Hymae : Interviewing in Social Research (1965)
Payne : The Art of Asking Questions (1965)
Erwin, C., Surrcncy, B. Field, J. Crea : A Guide to Legal Research
Morris, L. Cohan : Legal Research in Nutshell (1996), West Publishing Company
Harvard Law Review Association : Uniform System of Citations
1L1 Publication : Legal Research and Methodology

36
 PAPER V
LL.M. 105LAW, DEVELOPMENT AND DECENTRALIZATION-I

Objectives: The students of Law at post-graduate level should study and understand the inter-
relation ship of law, development and democratic decentralization of power upto grass root
level. The instrumentality of law is a key driver for promoting socio-economic growth in
orderly manner of the nation. Students need to be sensitized and their understanding of legal
dynamics should be enriched. The benefits of development can best be percolated through
the process of decentralization. The people of country must have effective role in the
governance. Therefore, this paper will provide the students of LL.M. Part-I an opportunity
to study and learn the legal skills, tools and techniques for the alround development of nation.
This will help in fostering research also.

The subject is divided into four units:

Unit1: Constitutional mandate for Development and Democratic decentralization.

International Trends of Legal processes ensuring development and distribution
of power.
Survey of major legislative efforts made towards promotion of developmental
jurisprudence.
Unit 2: Role of Education-Primary, Secondary & Higher Education in promoting
developmental goals.
Policy decisions & legitimate expectations.

Unit 3: Institutional Infrastructure and Development

Revitalizating Growth and Competitiveness
Study of Human Development Issues
Public Private Partnership Model

Unit4: Environment and Development

Development and Environmental Issues
Development and issues of dislocation, displacement and other Human Rights
Sustainable Development and Environment

Suggested Readings:
1. Re-emerging India, N.Jadhav, Rajiv Ranjan and SujanHajra The ICFAI Uni. Press.
2005
2. Agricultural and Economic Reform: Growth & welfare
3. Indian Urbanization and Economic Growth Becker Charles, M. Jeffery Baltimore,
Jhon. Hop. Uni. Press.
4. Law and Social Transformation, P. IswarBhatt EBC 2009.
Journals :
1. Indian Journal of Legal Studies
2. GNLU Journal of Law, Development &Politics GNLU
3. Indian Journal of International Economic Law NLUSI
4. Socio Legal Review NLUSI
5. Journal of Indian Law Institute ILI
Act, Statute/Reports
- Constitution of Indian
- Law Relating to Intellectual Property Rights
- Corporate Laws Companies Act
- Labour Laws/Environment Laws/Forest Act, Planning Commission Report/UN MDG.

37
 Skill Course-I - Interpretation of Statutes
Unit-I Meaning of interpretation, its distinction from constructions, kinds of
interpretation-Grammatical and logical, intention of legislation

Unit-II Cardinal principles of interpretation; Plain meaning rule; Golden rule and
mischief rule
Unit-III Maxims of interpretation : Ejusdem Generies, Nosciture a Sociis,
Utresmagis valeat qavampereat, Construction of Fiscal Statutes
Unit-IV Interpretation of Penal Statutes, Interpretation of Constitution, colourable
legislation, Doctrine of pith and substance and Doctrine of eclipse.

BOOKS RECOMMENDED
Singh, GP. : Principles of Statutory Interpretation
Maxwell: The Interpretation of Statutes
Craisne : Statute Law
Swarup : Interpretation of Statutes
Bindra : Interpretation of Statutes
Bhattacharya, T. : Interpretation of Statutes
Hkêkpk;Z] Vh- % dkuwu dk fuoZpu
GalnvileWilliams : Learning the Law, Law Lexicon & Legal Maxims GangaShaharaya
Sharma: Fundamentals of Legal Writing

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