LL.M. (CONSTITUTIONAL LAW)
Code No.
LL.M.- 17
LL.M.- 18
LL.M.- 19
LL.M.- 20
LL.M.- 21
LL.M.- 22
LL.M.- 23
LL.M.- 24
LL.M.- 25
LL.M.- 26
LL.M.- 27
LL.M.- 28
LL.M.- 29
LL.M.- 30
LL.M.- 31
Paper/ Course Title
Research Methodology
Judicial Process
Constitutional Theories and Development
Constitutional Law - I
National Security Law and Order
Constitutional Law - II
Constitutional Law - III
Law and Social Transformation
Human Rights
Comparative Constitutional Law
Administrative Law - I
Constitutional Law - IV
Administrative Law - II
Mass Media and Law
Constitutional Law -V
LL.M.- 32
Dissertation
Page No
LL.M. (CONSTITUTIONAL LAW)
FIRST SEMESTER
Research Methodology
LL.M.- 17
Objectives :
The main objective of this course is to acquaint the student of law with the scientific
method of social science research. This course is expected to provide the knowledge of the
technique of selection, collection and interpretation of primary and secondary data in socio-legal
research. Emphasis would be laid on practical training in conducting research in this course
Block – I :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Basics of Legal Research
Meaning, objectives of legal research
Characteristics of scientific method – applicability of scientific method
Kinds of Research
Concepts and constructs- relationship between theory and fact
Stages of Research Process
Block – II : Research Problem, Hypothesis, Research design, Sampling
Unit – 1 :
Research Problem – Definition, Determination, Sources of Data
Unit – 2 :
Hypothesis – Meaning and definitions, Characteristics, Research Questions and
Hypothesis
Unit – 3 :
Research Design – Meaning and essentials of Research Design, Forms of
Research Design, and major steps
Unit – 4 :
Testing of Hypothesis
Unit – 5 :
Sampling techniques – definition, basic assumptions, classifications
Block – III : Research methods and tools
Unit – 1 :
Social and legal survey
Unit – 2 :
Case method
Unit – 3 :
Jurimetrics
Unit – 4 :
Questionnaire Schedule
Unit – 5 :
Observation and interview
Block – IV :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Tabulation, analysis, interpretation, and Reporting
Classification and Tabulation of Data
Analysis and interpretation of Data
Use of Statistical methods and computers in legal research
Reporting and Methods of Citations
Ethics in research
Reference Books :
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Whitney, F.L, The elements of Research.
Goode. William J and Hatt. Faul, H, Methods in Social Research.
I.L.I, Legal Research and Methodology.
Amy E Sloan, Basic Method Research – Tools and Materials
Pauline V.Young, Scientific Social Survey and Research.
Morris L.Cohan, Legal Research in Nutshell
Harvard Law Review Associaltion, Uniform System of Citations
Verma S K
Ranjit Kumar
Krishna Swami O R
Dr. Tewari H N
Joseph Gibaldi
Myneni S R
Anwarul Yagin
Robert Watt
Verma, S.K &
Afazalwani, M
Legal research & methodology
Research methodology: a step by-self guide for beginners
Methodology of research in social sciences
Legal research methodology
MLA handbook for writers of research papers
Legal research methodology
Legal research & writing methods
Concise legal research
Legal research and method
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LL.M. - 18
JUDICIAL PROCESS
Objectives :
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 employed in the process. 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 familiarize the students with various
theories, different aspects and alternative ways, of attaining justice.
Block- I :
THE NEED FOR JUDICIAL AJUDICATION
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Necessity of the Administration of Justice.
Administration of Civil and Criminal Justice.
For Certainty and Uniformity in the Application of Law.
The Significance of Judicial Constraints – The external constraints, internalized
constraints and some structural constraints.
Judicial reasoning
Block – II :
NATURE OF JUDICIAL PROCESS
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Judicial Process as an Instrument of Social Ordering.
Judicial process and creativity in law with special reference to the common law
model.
The tools and techniques of judicial creativity and precedent.
Legal development and creativity through legal reasoning under statutory and
codified system.
The authority of precedents
Block – III : JUDICIAL PROCESS IN INDIA AND ENGLAND
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Indian debate on the role of judges and on the notion of Judicial review.
The “Independence” of judiciary and the “Political” nature of Judicial process.
Judicial activism and creativity of the Supreme Court. The tools and techniques of
creativity, Problems of accountability in Judicial Law making.
Judicial process in pursuit of Constitutional goals and values -new Dimensions of
Judicial activism and structural challenges.
The English doctrine of Precedent, Ratio decidendi - Dr. Wambaugh‟s Test and
Dr. Goodharts method of determining the ratio decidendi.
Block – IV : THE CONCEPTS OF JUSTICE
Unit – 1 :
The concept of Justice or Dharma in Indian thought Dharma as the Foundation of
Legal Ordering in Indian thought.
Unit – 2 :
The Theories of Justice and its relevance in the administration of
Justice
The application of the liberal contractual tradition, the liberal Utilitarian tradition
and the liberal moral tradition in the application of law and administration of
justice
Analysis of selected cases of the Supreme Court where the judicial process can be
seen as influenced by the theories of justice. The role of PIL in protecting the
rights of helpless. The Evolution and Growth of Law Reporting in India - the need
for certainty, consistency and uniformity in the application of Law through
decisions of Courts by way of law reporting.
The Law Commission of India – nature, powers, functions and development of
Law and Legal System in India. The role, powers, and functions of Legal Services
Authority
Unit – 3 :
Unit – 4 :
Unit – 5 :
Reference Books :
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Abrham, Henry.J., The judicial Process (Oxford, 1988)
Baxi, Upendra., The Indian Supreme Court and Politics (Lucknow, Eastern Book
Company 1980)
Cardozo, Benjamin., The Nature of the Judicial Process (Delhi, Universal Publishing
House, 2002)
Cooper C.J., “Staredecisis: Precedent and Principle in Constitutional Ajudication”,
73Cornell Law Review (1988)
Dias, .R.W.M., Jurisprudence (London: Butterworths)
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Levi, Edward H., An Introduction to Legal Reasoning (Chicago: University press, 1970)
Lord Reid., The Judge as Law Maker (1972)
Malcolm. M. Freely and Edward L. Rubin., Judicial Policy Making and the Modern State
( cambridge : university press 1998)
Lord Devlin., The Judge (Oxford, University Press, 1979)
Holems. O. W., the common law (Boston, Little brown & co 1981)
Rajeev Dhavan., The Supreme Court of India - A Socio Legal Critique of its Juristic
Techniques (Bombay : M.M Tripathy, 1977)
John Rawls., A Theory of Justice (Delhi Universal Publishing House, 2000)
Ronald Dworkin., “Hard Cases” 88 Harvard Law Review
Stone Juius. The Province and Functions of Law, part 2(New Delhi, Universal Publishing
House 2000)
Stone Julis., Legal system and Lawyers Reasoning (New Delhi, Universal Publishing
House, 1999)
Thomas E.W., The Judicial Process (Cambridge University Press, 2008)
Timothy A.O. Endicott., Vagueness in Law. (Oxford, University Press, 2000)
Tom Bingham., The Business of Judging: Selected Essays and Speeches (Oxford
University Press, 2000)
William Wayne Justice., “The two faces of Judicial Activism” 61 Geo. Wash. Law
Review
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LL.M.- 19
Constitutional Theories and Development
Objectives :
The object of this paper is to make the students to design a lay-out for the interpretation
of the constitutional spirit and to carry out the true intention of the legislature.
Block – I :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Constitution-Constitutional Law -Constitutionalism
Definition, meaning of constitution and constitutional law
Development of constitutions, constitutional values and goals
Evolution of Concept of constitutionalism and features of constitutionalism
Constitutionalism v. Democracy, Constitutionalism v. Sovereignty
Limits of the Amending Power
Block – II :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
State and Legal Obligation
Theories of Origin of state, evolution of modern state
Nature of state- Liberal and Marxist perspectives
Law, state, and authority; authority and legitimacy – limits of authority
Theories of Political obligation – Consent theory, utilitarian theory, deontological
theory
State, authority from Indian perspective; Nature of state and functions in modern
political thought
Unit – 5 :
Block – III : Pluralism
Unit – 1 :
Concept of Pluralism and various categories of pluralism
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Problems of Religious, linguistic, political, cultural pluralism
Constitutional response to problems of pluralism; Problems of Uniform Civil
Code
Special protection to Schedule Castes and Schedule Tribes, Legal and
constitutional framework in brief
Protection of Women – constitutional contours
Block – IV : Principles of interpretation
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Special principles of interpretation relating to the Constitution
Role of the preamble in the interpretation of the constitution
Resolution of conflicting provisions In the constitution like Fundamental Rights
and Directive principles; Fundamental Rights and legislative privileges; CentreState conflict in making legislation
Travaux Preparatories,
Presumptions of Constitutionality
Reference Books :
 Michel Rosenfeld (ed.) Constitutionalism, Identity, Difference, and Legitimacy:
Theoretical perspectives, Duke University Press, 1994.
 Nomos series, Constitutionalism.
 Karl Lowenstein, Political Power and Government Process
 Gettel, Readings in Political Science.
 K.C.Wheare, Modern Constitutions.
 H.J.Laski, The State in theory and Practice.
 B.A. Masodkar, Society, state and the Law.
 Lawrence Tribe and Michael Douf, On Reading the Constitution.
 P.K.Tripati, Spotlights on Constitutional interpretation.
 G.P.Singh, Interpretation of Statutes.
 Vera P.Sarathi, Interpretation of Statutes.
 Joseph Raz, The authority of Law- Essays on Law and Morality.
 Leslie Green, The Authority of State.
 Gurpreet Mahajan, Democracy, difference, and social justice
 Pylee M.V Our constitution government & politics
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LL.M.- 20
Constitutional Law – I
(Fundamental Rights, Directive Principles of State Policy and Fundamental Duties)
Objectives :
This paper is designed with a view to educate the pupil about the Constitutional rights,
duties and policies of the government underlining the relevant legislations which are having
wider ramification on the interpretation of the provisions of the Constitution.
Block – I : Introduction
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Evolution of Fundamental Rights, Impact of Universal Declaration of Human
Rights and Constitutions of other countries
Concepts of Fundamental Rights, Bill of Rights, Natural rights and Human Rights
Preamble of the Constitution and its implication with reference to
Fundamental Rights, Directive Principles of State Policy, and Fundamental
Duties;
Definition of state under Art.12, 13, - Inviolability of Fundamental Rights,
Doctrine of Waiver, Doctrine of Severability, Doctrine of Eclipse, scope of
definition of law under art.13.
Block – II : Right to equality
Unit – 1 :
Relationship between Art 14, 15, 16, 17, and 18
Unit – 2 :
Doctrine of Classification, Doctrine of Arbitrariness, Doctrine of Legitimate
Expectation, Wendsbury Principle
Unit – 3 :
Prohibited grounds for discrimination (Art.15); special provisions relating to
women; protective discrimination in favor of Backward Classes, Scheduled
Castes and Scheduled Tribes; Development of case law
Unit - 4 :
Equality of Opportunity in the matters of public employment, reservations in
public employment, residence as prerequisite for employment
Unit – 5 :
Untouchability, Abolition of Titles
Block – III : Right to Freedom, Right against Exploitation
Unit – 1 :
Six fundamental freedoms under Art.19 and reasonable restrictions Art 19 (2) to
(6); test to determine the reasonableness of restrictions; whether restriction
includes deprivation and prohibition
Unit – 2 :
Rights of accused; Doctrine of ex-post -facto law; Doctrine of Double Jeopardy;
privilege against self-incrimination.
Unit – 3 :
Protection of life and personal liberty; right to education; safeguards against
ordinary arrest and preventive detention; right against exploitations.
Unit – 4 :
Ambit of religious freedom, cultural and educational rights
Unit – 5 :
Right to constitutional remedies; Fundamental Rights vis-à-vis armed forces.
Block – IV : Directive Principles of State Policy and Fundamental Duties
Unit – 1 :
Relative importance of Directive Principles of State Policy (DPSP) and
Fundamental Rights,
Unit – 2 :
Nature of Directive Principles of State Policy, Justiciability of Directive
Principles of State Policy
Unit – 3 :
Social security and welfare provisions under Directive Principles of State Policy;
economic rights etc.
Unit – 4 :
Directive Principles of State Policy that were read into Fundamental Rights;
Unit – 5 :
Fundamental Duties – evolution, relationship between Fundamental Rights and
Duties
 The student is expected to read the relevant case law with critical analysis thereof.
Reference Books :
 H.M. Seervai, Constitutional Law of India – Vol. I &II
 V.N.Shukla , Constitution of India
 Subhash C Jain, The Constitution of India
 D.D. Basu, Commentaries on Constitutional Law of India, Vol. A to E
 M. Hidayatullah (Ed.), Constitution of India.
 M.P.Jain, Indian Constitutional Law.
Subba Rao G C V
Indian constitutional law
Pande G S
Constitutional law of India
Saharay H K
Constitution of India
Pylee M.V
Our constitution government & politics
Tope T K
Constitutional law of India
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SECOND SEMESTER
LL.M. - 21
NATIONAL SECURITY LAW and ORDER
[NATIONAL SECURITY, PUBLIC ORDER, AND RULE OF LAW]
Objectives :
In every written constitution provision is required to be made to equip the State to face
grave threats to its existence arising from extra-ordinary circumstances created by war or
external aggression or armed rebellion. Although "amidst the clash of arms, the laws are not
silent" they do not speak the same language in war as in peace. Extra-ordinary circumstances
warrant the invocation of extra-ordinary laws and such laws are known as emergency laws. They
put greater fetters on individual liberty and also eclipse certain aspects of the due process. But
even in such circumstance, the democratic forces must assert that even for survival of the State,
the least possible liberty should sustain. The Students should analyze different aspects of such
emergency powers and scrutinizing intellectual attitude towards such powers.
Block -I
Unit –1 :
Unit – 2 :
Historical and Conceptual development of National Security, Definition, Meaning
and its Importance. National Security and Public Order
National Security and Rule of Law; components of Rule of Law; Individual
Liberty vs. National Security
Unit – 3 :
Threat to National and State Security; External and Internal Threats; Effects of
External and Internal threat to National and State Security
Unit – 4 :
Law Making Power of Centre and State on the subject matter connected with
National and State Security, Defence, Foreign Affairs, Maintenance of Public
Order etc.
Emergency Detention in England - Civil Liberties; Liversidge v. Anderson,
Unit – 5 :
Block – II
Unit – 1 :
Constitutional Framework of Preventive Detention; Article 22 of the Constitution;
Preventive Detention and Safeguards;
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5:
Scope and Nature of Preventive Detention Laws in India and their effects since
1951 to 2008.
Constitution, Powers and Functions of Advisory Board; Parliaments Power to
Dispense with Advisory Board.
Preventive Detention vs. Personal Liberty under Article 21 of the Constitution;
Repercussion of Preventive Detention on individual Freedom.
Judicial Review on Preventive Detention Laws. A. K. Gopalan vs. State of Madras;
Due Process of Law and Procedural Established by Law.
Block -III
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Civil Liberties under Article 19 and limitations during Emergency-:
Meaning of "Security of State, Public Orders”; Suspension of Article 19 rights on
declaration of Emergency.
Emergency provisions under the Constitution of India.
Access to Courts during Emergency, Article 359; Makhan Singh v. State of
Punjab, A.D.M. Jabalpur v. Shiv Kant Shukla.
Changes in Article 22, 352 and 359 etc. thorough Constitution (Forty-forth),
Amendments Act, 1978 and Constitution (Fifty-ninth), Amendments Act, 1988
and the Constitution (Sixteenth Amendment) Act, 1963.
Block – IV
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Special Legislation; COFEPOSA, MISA, NSA, MCOCA and Other Legislations.
Anti Terror legislations e.g., TADA, POTA. The Unlawful Activities (Prevention)
Amendment Act, 2008.
Constitution, Powers and Function of National Investigation Agency Under
National Investigation Agency Act,2008.
Special Courts and Tribunals under Anti Terrorist Act; Due Process and Special
Legislation
Martial Law - Provisions in English Law; Provisions in the Constitution
Reference Books :
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G.O. Koppell, "The Emergency, The Courts and Indian Democracy" 8 J.I.L.I. 287 (1966)
H.M. Seervai, The Emergency; Future-Safeguards and the Habeas Corpus:
A Criticism International Commission of Jurists - Status of Emergency and Human
Rights
N.C. Chatterji and Parameshwar Rao, Emergency and the Law.
Upendra Baxi, "Law, Democracy and Human Rights" - 5 Lokmanyan Bulletin 4 (1987)
V.M. Dandekar, "Unitary Elements in a Federal Constitution" 22 E.P.W. 1865 (1988)
Rajeev Dhavan, "The Press and the Constitutional Guarantee of Free Speechan d
Expression 28 J.I.L.I. 299 (1986)
M.A. Fazal, "Drafting A British Bill of Rights " 27 J.I.L.I. 423 (1985)
M.P.Jain, Indian Constitutional Law 2004
Jagat Narain, "Judicial Law making and the place of the Directive Principles in the Indian
Constitution," J.I.L.I. 198 (1985)
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Rhett Ludwikowski, "Judicial Review in the socialist Legal Systems: Current
Development" 37 I.CL.D. 89-108 (1988)
S.P. Sathe, Fundamental Rights and Amendment of the Indian Constitution, (1968)
H.M. Seervai, Constitutional Law of India 2002, Universal Publication.
Note :- [1] Students should consult relevant volumes of the Annual Survey of Indian Law
published by the Indian Law Institute.
[2] All latest volumes of above mentioned books must be preferred. The above list of
books is not an exhaustive one.
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LL.M. – 22
Constitutional Law – II
Indian Polity, Policy Making and Legislative Process
Objectives :
The paper is aiming to give clear picture regarding the structure of the Indian polity and
principles, procedures and practices that are complied by the house of people and the
Government while unveiling any legislation/ policy.
Block – I :
Nature of the Indian polity
Unit – 1 :
Unit – 2 :
Forms of constitution – Unitary, federal, confederation - merits and demerits
Historical evolution of federal features; Government of India Act of 1919,
Government of India Act 1935, Constituent Assembly debates.
Nature of Indian polity.
Dominant features of the Union over the states
Judicial perspective over the nature of Indian polity
Unit – 3 :
Unit – 4 :
Unit – 5 :
Block – II : Union-State legislative relations
Unit – 1 :
Scheme of distribution of legislative powers between Union and States; general
principles of interpretation relating to the various lists
Unit – 2 :
Doctrine of Pith and Substance; Doctrine of Colourable Legislation and Doctrine
of Territorial Nexus
Unit – 3 :
Residuary powers, Doctrine of Occupied Field,
Unit – 4 :
Parliament‟s power to legislate on the State List
Unit – 5 :
Legislative powers of the Parliament during emergency
Block – III : legislative procedure
Unit – 1 :
Provisions for introducing and passing the bill, special procedures with respect to
Money bill, difference between money bill and financial bill
Unit – 2 :
Procedure in relation to financial matters,
Unit – 3 :
Zero-hour, adjournment sine-die, prorogue, cut motion etc.
Unit – 4 :
Voting in The Legislature
Unit – 5 :
Legislative Committees
Block – IV : Parliamentary privileges and executive law making
Unit – 1 :
Privileges and Immunities
Unit – 2 :
Anti Defection Laws.
Unit – 3 :
Legislative powers of the President and Governor
Unit – 4 :
Powers of the Speaker
Unit – 5 :
Delegated Legislation –rules, regulations, notifications, orders and bye - laws.
Reference Books :
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K.C.Wheare, Federal Government.
Jain M.P Outlines of Indian Legal History.
M.V Pylee, Constitutional History of India
Rama Jois M, Legal and Constitutional History of India.
Stetalvad M.C, , Constitutional History of India
Keith A.B. , Constitutional History of India
H.M. Seervai, Constitutional Law of India – Vol.I &II
G.C.V Subbarao, Legislative powers in Indian Constitutional Law.
V.D. Sebastian, Indian Federalism: the Legislative Conflict.
L.M Singhvi, Union-State Relations in India
K.Subba Rao, The Indian Federation.
K.P. Krishna Shetty, The Law of Union-state Relations and Indian Federalism.
Ashok Chandra, Federalism in India.
Subba Rao G C V
Pande G S
Saharay H K
Pylee M.V
Tope T K
Indian constitutional law
Constitutional law of India
Constitution of India
Our constitution government & politics
Constitutional law of India
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LL.M. – 23
Constitutional Law – III
Public Administration
Objectives :
The paper is introduced with a view to familiarize the students regarding the powers and
functions of the Union and State -Government underlining its inter-relations.
Block – I :
Unit – 1 :
Unit – 3 :
Unit – 4 :
Introduction to public administration
Evolution of public administration in India – Pre British, British Period, PostIndependence developments
Definition of Public Administration, Nature, Goals of Public Administration
Theories of Public Administration
Importance of comparative Public Administration
Classification of Public Administration
Unit – 5 :
Indian Administrative Structure and Good Governance Reforms
Block – II :
Public Administration and Constitutional Contours
Unit – 2 :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Union executive authorities – powers and functions
State executive authorities – powers and functions
Local-Self-Government-power and functions
All India Services, Administrative Tribunals.
Other Constitutional authorities like CAG, Attorney General, and Election
Commission Finance Commission etc.
Block – III : Union-State administrative relations
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Block – IV :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Jurisdiction of Union and the State with regard to Administrative relations
Control of the Union over the States
Power of the Union to confer the power on the states, power of the states to
entrust functions to the Union
Interstate water disputes
Inter State Council
Trade and Commerce
Extent of Freedom of Trade, commerce and intercourse under the constitution.
Decline of State Monopoly in the era of globalization.
power of the Parliament to impose restriction on Trade, commerce and intercourse
The State restrictions on Trade, commerce and intercourse
Inter-Relationship between article 19(g) and Art.301
Reference Books :

Ramesh K. Arora & Rajni Goyal, Indian Administration
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S.R. Maheswari, Indian Administration
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Avasti & Maheswari, . Public Administration
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R. Prasad and Prasad, Administrative Thinkers
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Mohit Bhattacharya, New Horizons of Public Administration
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Rumki Basu, Public Administration Theory and concepts
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Nicholas Henry, Public Administration and Public Affairs
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V.D. Sebastian, Indian Federalism: the Legislative Conflict.
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L.M Singhvi, Union-State Relations in India
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K.Subba Rao, The Indian Federation.
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Chandrapal, Centre-state Relations and Cooperative Federalism.
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Sudha Bhatnagar, Union-State Financial Relations and finance Commissions
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D.T.Lakadwala, Union-State Financial Relations
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H.M. Seervai, Constitutional Law of India – Vol.I &II
Subba Rao G C V
Pande G S
Saharay H K
Pylee M.V
Tope T K
Indian constitutional law
Constitutional law of India
Constitution of India
Our constitution government & politics
Constitutional law of India
***********
LL.M. – 24
Law and Social Transformation
Objectives :
The course aims to study the developments of law towards societal progress in India. The
pre-independence and post independence role of law will be studied. The course will provide the
student will the contribution of law in societal development, especially in family, personal law,
dispute settlement, succession, property rights, industrialization and other factors of social
change. A course will analyze the progress of the Indian legal system with special focus on
social development.
Block – I :
Historical perspective to social change
Unit – 1 :
Unit – 2 :
Need for social change; theories of social change
Law as an instrument of social change; models of change, legal system in India;
law as a purposive device
Law and Morality; changes in Moral standard and role of law
Colonial efforts in social change in India
Westernization to modernization of social change in India
Unit – 3 :
Unit – 4 :
Unit – 5 :
Block – II :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Ancient India and social change
Vedic times and its contribution to law
Social control during Muslim conquest and medieval period in
with modern law
Constitutional law role in social change
International law and its contribution for social change in India
Marxist approaches to social change
Block III :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Social change in Modern India
Caste as a diverse factor in India
Regionalism and language as a factor for social change
Religion as a factor for social change
Labour, Land reform and its contribution
Personal law and Uniform civil code
Block IV :
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Growth and future trends for social change
Adjudication and need for ADR
Legal system: Move from secrecy to transparency
Globalisation and its impact in social change
Naxalism and challenges for new India
Industrialisation and Environmental changes
comparison
Reference books :

Dr. P Ishwara Bhat; Law and Social Transformation in India, Eastern Book
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Company
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Marc Galanter, Law and Society in Modern Indian, Oxford

U Baxi; The Crisis of Indian Legal system; Vikas, New Delhi

U Baxi; Law and Poverty: Critical Essay; Tripathi
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Agnes Flavia; Law and Gender Inequality: The Politics of Women‟s Right in India, 1999,
Oxford
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Marc Galanter (Ed), Law and Society in Modern India (1997) Oxford.
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Robert Linga, the Classical Law of India (1998), Oxford.
U Baxi, the Crisis of Indian Legal System (1982). Vikas, New Delhi.
U.Baxi (Ed). Law and Poverty Critical Essays (1988). Tripathi, Bombay.
Manushi, A Journal About Women and Society.
Duncan Derret, The State, Religion and Law in India (1999) Oxford University Press, New Delhi.
H.M.Seervai, Constitutional Law of India (1996), Tripathi.
D.D.Basu, Shoter Constitution of India (1996) m, Prentice-Hall of India (P) Ltd., New Delhi.
Sunil Deshta and Kiran Deshta, Law and Menace of Child labour (2000) Armol
Publications, Delhi.
Savithri Gunasekhare, Children, Law and Justice (1997), Sage.
Indian Law Institute, Law and Social Change: Indo-American Reflection, Tripathi (1988).
J.B.Kripalani, Gandhi: His life and Thought, (1970) Ministry if Information and Broadcasting,
Government of India.
M.P.Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.
Agnes, Flavia, Law and Gender Inequality: The Politics of Women‟s Rights in India (1999),
Oxford.
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**********
THIRD SEMESTER
LL.M.- 25
HUMAN RIGHTS
Objectives :
Human rights could be, to start with, understood as fundamental moral guarantees
available to all peoples all over the world. They may be held as universal standards for all
countries irrespective of the religion or culture to which they subscribe. The contemporary
reference to human rights is generally made in the context of the Universal Declaration of
Human Rights of 1948 along with certain other human rights treaties incorporating specific
rights. It is more than sixty years now that the Universal Declaration of Human Rights was
adopted by the General Assembly of the United Nations since when the doctrine of human rights
incorporated in the Declaration has been playing a distinct role even in the face of unexpected
and untold hurdles and predicaments in its pursuit. The role of moral auditing by the regime of
human rights pursuant to the Declaration over the national laws, institutions and enforcement
machineries has kindled the hope of millions all over the world that they may also have an
opportunity to live a better, fearless and secured life with increased degree of happiness. The
capacity of the human rights regime at present is embryonic. Beyond the European Community
victims of human rights abuses have neither effective protection nor effective remedy. The
victims have recourse only to their domestic systems of law. In the absence of a “human rights
culture” the international human rights regime has only been able to find uneven application in
the domestic regime. This may be due to inappropriate adoption of international human rights
law in the domestic sphere, ineffective enforcement mechanism in the municipal laws, lack of
sufficient independence of the judiciary or may even be apathy and callousness on the part of
States. Yet it cannot be said that there has been a total failure of the regime or it has become
inconsequential.
It is said that the purpose of determining moral rights is to ascertain the basic
prerequisites of a minimally good life. James Nickel, in his book Making Sense of Human
Rights: Philosophical Reflections on the Universal Declaration of Human Rights, finds that
human rights aim to secure for individuals those prerequisites that facilitate the leading of a
minimally good life. The most effective way of securing these prerequisites is to require nationstates to ensure their fulfillment. Therefore, ultimately, states are expected to provide those
prerequisites by ensuring them as legal rights within their legal system. Policy implementation
in the area of human rights is particularly challenging as it is regarded as a „political‟ area.
Though there is an internationally accepted human rights framework, with legally binding
conventions and institutionalized monitoring mechanism, human rights remain a controversial
topic, not in principle but in its conception and implementation. The developing States have a
general tendency to regard human rights as western concepts, not always appropriate to local
culture and levels of development. There is also the resentment that the human rights privilege
individual over communal values. Also, in terms of development human right is often
interpreted as creating a new layer of political conditionality. It is only recently that the
relevance of human rights for development has been taken into consideration. A human rights
approach is seen as necessary as it treats the beneficiaries of development not as subject to
charity but as right-holders who can make legitimate claims on governments in both civil and
political, and social and economic spheres
The purpose of the study of this course is to expose the students to the regime of human
rights in a comprehensive way. It is the endeavour of this course to appraise both theoretical and
practical study. The course comprises of the following four Blocks
Block – I
Unit – 1 :
Unit – 2 :
Unit – 3 :
Origin and development of the concept of human rights- Contribution of natural
law- Period of renaissance and contribution of Hobbes, Locke and Kant- Freedom
as developed in the basic laws of the nations-Post Second World War
developments.
The basic concept of rights- Positive rights and negative rights-Duties attached to
rights- Negative and positive rights.
Theories of human rights and justification- Human rights as limitations on State
authority- State sovereignty and human rights- Are human rights inherent,
indivisible and universal in nature- Universalism and cultural relativism- Asian
values – Islamic values- Limitation on human rights and derogable and nonderogable rights and the doctrine of margin of appreciation- Larger freedom
towards development, security and human rights for all.
Unit – 4 :
Unit – 5 :
Human rights in the global perspective and its contemporary significance- Issues
and challenges. Human rights in a global perspective build on a social critique of
rights agenda. The gradual permeation of the rights consciousness has a tendency
to stimulate „an explosion in international human rights law‟. Issues and
challenges related to human rights-Neglect of human rights of third world cultural
norms-Women‟s rights- rights of indigenous peoples- Ethnic minority rightsrights of sexual minorities- rights of disabled
Institutions for monitoring and enforcing human rights- National human rights
commissions- International human rights bodies- the role of judiciary- N.G.O.s
and civil societies- Legal profession and the media- Constitutional governance,
rule of law and human rights.
Block – II :
International Human Rights Law
Unit – 1 :
Introduction- Historical development- Obligations upon States under traditional
international law and the rights of aliens under customary international lawHuman rights and the United Nations, the Charter-based system and the treatybased system, and enforcement oh international human rights law.
Unit – 2 :
Unit – 3 :
Charter-based procedures for the promotion and protection of human rights.
The international conventions and other instruments for the promotion and
protection of human rights- Regional human rights organizations.
Succession of States to international human rights commitments under treatiesReservations and withdrawal of reservations to human rights treaties- State
responsibility for violations of human rights.
Right to development-Emerging dimensions of human rights- Autonomy
movements and the limits of self-determination- Erosion of human rights in the
context of terrorism- Responsibility to protect.
Unit – 4 :
Unit – 5 :
Block – III : Protection And Enforcement Of Human Rights In India
Unit – 1 :
Introduction-Human rights in ancient India- History and the development of
human rights under the Indian Constitution- Constitutional philosophy of human
rights- Obligation of State to comply with international human rights normsArticles 51 and 253 of the Constitution requiring to conform to international
obligations- Constitutional status of the Preamble, the Fundamental Rights, the
Directive Principles of State Policy and the Fundamental Duties.
Unit –2 : Constitutional provisions for protecting human rights- Article 13 invalidating laws
inconsistent with Part III of the Constitution- Article 37 imposing duty to
implement Part IV of he Constitution- Legislative measures to protect human
rights.
Unit – 3 :
Human rights and their enforcement under the Indian Constitution and the role of
the Supreme Court, high courts and civil and criminal courts- Role of the
institution of public interest litigation in protecting human rights- Right to legal
aid as human right.
Unit – 4 :
National Human Rights Commission and the States Human Rights Commissions
and their role in protecting human rights.
Block – IV : Human Rights Protection For Vulnerable And Disadvantaged Groups
Unit – 1 :
Unit – 2 :
Unit – 3 :
Unit – 4 :
Unit – 5 :
Concept of human rights of vulnerable and disadvantaged groups and the
philosophy of human rights of vulnerable and disadvantaged groupsDevelopment of jurisprudence to accord special protection to vulnerable and
disadvantaged groups.
Issues and challenges concerning protection to vulnerable and disadvantaged
groups- Women‟s rights- Rights of Children- Rights of indigenous people, SCs
and STs,
Law relating to refugees- Minority rights including sexual minorities- Rights of
differently abled persons.
International conventions and other international instruments protecting human
rights of the vulnerable and disadvantaged groups.
Enforcement of human rights of vulnerable and disadvantaged groups- Future
perspectives of the human rights of the disadvantaged groups.
Reference Books :
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Steiner and Alston, HUMAN RIGHTS IN THE CONTEXT, (Oxford University
Press, 2007)
Thomas Buergenthal, The Evolving International Human Rights System, 100
AMERICAN JOURNAL OF INTERNATIONAL LAW, pp. 783-807 (2006).
Rhode E. Howard-Hassmann, The Second Great Transformation: Human Rights
Leapfrogging in the Era of Globalization, 27 HUMAN RIGHTS QUARTERLY, pp. 1-40
(2005).
Balakrishnan Rajgopal, INTERNATIONAL LAW FROM BELOW: DEVELOPMENT,
SOCIAL MOVEMENTS AND THIRD WORLD RESISTENCE, pp. 172 (2003).
An-Naam A.A. (ed.) HUMAN RIGHTS IN CROSS-CULTURAL PERSPECTIVES: A
QUEST FOR CONSENSUS p. 43 (1992).
Donnelly, J., Post-Cold War Reflections on the Study of International Human Rights in
ETHICS AND INTERNATIONAL AFFAIRS, p. 249, (Rosenthal ed. 1995).
Robinson M, Human Rights at the dawn of 21st Century, 15 HUMAN RIGHTS
QUARTERLY, 629-639 (1993).
Jon P. Mitchell and Richard A, Wilson, HUMAN RIGHTS IN GLOBAL
PERSPECTIVE (Routledge, 2003).
Malcolm N. Shaw, INTERNATIONAL LAW, Chapter 6, The International Protection of
Human Rights, pp 265-337 (2008).
Steiner and Alston, HUMAN RIGHTS IN THE CONTEXT, (2007).
Phillip Alston, THE UNITED NATIONS AND THE HUMAN RIGHTS: A CRITICAL
APPRAISAL, (1995).
Thomas Burgenthal, The Normative and Institutional Evolution of International Human
Rights, 19(4) HUMAN RIGHTS QUARTERLY, 703-723 (1997).
Nihal Jayawickrama, THE JUDICIAL APPLICATION OF HUMAN RIGHTS LAW
(2002).
Phillip Alston and James Crawford, THE FUTURE OF U.N. HUMAN RIGHTS
TREATY MONITORING (2000).
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Menno T. Kamminga, Impact on State Succession in Respect of Treaties in THE
IMPACT OF HUMAN RIGHTS LAW ON GENERAL INTERNATIONAL LAW,
pp.99-109 (Menno T. Kamminga and Martin Scheinin eds. 2009).
Liesbeth Lijnzaad, RESERVATIONS TO UN-HUMAN RIGHTS TREATIES (1995).
Robert McCorquodale, Impact on state Responsibility in THE IMPACT OF HUMAN
RIGHTS LAW ON GENERAL INTERNATIONAL LAW pp 235-254.(Menno T.
Kamminga and Martin Scheinin eds. 2009).
Alicia Ely Yamin, The Future in the Mirror: Incorporating Strategies for the Defence and
Promotion of Economic, Social and Cultural Rights into the Mainstream Human Rights
Agenda, 27 HUMAN RIGHTS QUARTERLY 1200-1224 (2005).
Alice Edwards, The Optional Protocol to the Convention against Torture and the
Detention of Refugees, 57 INTERNATIONAL AND COMPARATIVE LAW
QUARTERLY, 789-826 (2008).
Michael Freeman, Why It Remains Important to take Children‟s Rights seriously, 15
INTERNATIONAL JOURNAL OF CHILDREN‟S RIGHTS, 5-23 (2007).
Phillip Alston, Making Space to New Human Rights: The Case of Right to Development,
1 HARWARD HUMAN RIGHTS YEARBOOK, 3-40 (1988).
Arjun Sengupta, On the Theory and practice of the Right to Development: Agenda for the
Next Millennium, 22 HUMAN RIGHTS QUARTERLY, 753-787 (2002).
Robert McCorquodale, Self Determination: A Human Rights Approach 43 (4)
INTERNATIONAL AND COMPARATIVE LAW QUARTERLY, 857-885 (1994).
Paul Hoffman, Human Rights and Terrorism, 26(4) HUMAN RIGHTS QUARTERLY
932-955 (2004).
T.S.N. Sastry, INDIA AND HUMAN RIGHTS: REFLECTIONS (ed.),
(Concept
Publishing Company, 2005).
Mahendra P.Singh, V.N. SHUKLA‟S CONSTITUTION OF INDIA, (2008).
D.D.Basu, HUMAN RIGHTS IN INDIAN CONSTITUTIONAL LAW (2008).
Ashish Kumar Das and Prasant Kumar Mohanty, HUMAN RIGHTS IN INDIA (2007)
HUMAN RIGHTS IN INDIA: ISSUES AND PERSPECTIVES (Dr.S. Mehartaj Begum
ed., 2000).
CHANGING CONCEPTS OF RIGHTS AND JUSTICE IN SOUTH ASIA ( Michael
R.Anderson and Sumit Guha eds., India: Oxford University Press, 1998).
Upendra Baxi, THE FUTURE OF HUMAN RIGHTS, (Oxford University Press, New
Delhi, 2002)
Paras Diwan and Peeyushi Diwan, HUMAN RIGHTS AND THE LAW: UNIVERSAL
AND INDIAN (1998). .
Audrey R.Chapman and Benjamin Carbonetti, Human Rights Protection for Vulnerable
and disadvantaged Groups: The Contributions of the U.N.Committee on Economic,
Social and Cultural Rights, 33(3) HUMAN RIGHTS QUARTERLY pp. 682-732 (2011).
Hilary Charlesworth, The Mid-Life Crisis of the Universal Declaration of Human Rights,
55 WASINGTON AND LEE LAW REVIEW, 781-796 (1998).
Mauro Barelli, The interplay between Global and Regional Human Rights System in the
Construction of the Indigenous Rights Regime, 32(4) HUMAN RIGHTS QUARTERLY
951-979 (2010).
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Patrick Thornberry, INTERNATIONAL LAW AND THE RIGTS OF MINORITIES,
(Clarendon Press, 1993).
Eric Heinze, Sexual Orientation and International Law: A Study in the manufacture of
Cross-Cultural “Sensitivity”, 22 MICHIGAN JOURNAL OF INTERNATIONAL LAW,
283-309 (2000-2001).
Lawrence O.Gostin and Lance Gable, The Human Rights of Persons with Mental
Disabilities: A Global Perspective on the Application of human Rights Principles to
Mental Health, 63 MODERN LAW REVIEW 20-121 (2004).

Burke Harshall
Harris D J
Snow White Pub
Bani Bamgohain
Supreme court & human rights
Law of the European convention on human rights
Human rights and the law
Human rights and political challenge
***********
LL.M.- 26
Comparative Constitutional Law
(U.K, France, and USA)
Objectives :
The paper is intending to provide comparative analysis about the structure of the
Government, legislative process and the role of the judiciary to have better understanding of the
Indian polity.
Block – I :
Forms of Government
Unit – 1 :
Presidential and parliamentary form
Unit – 2 :
Government under USA constitution
Unit – 3 :
Government under French Constitution
Unit – 4 :
Nature of government in U.K
Unit – 5 :
Comparison with the government in India
Block – II :
The Evolution and development of civil Rights
Unit – 1 :
Evolution of Rights of in U.K, USA and France.
Unit – 2 :
Status of the rights in U.K
Unit – 3 :
Status of the rights in USA
Unit – 4 :
Status of the rights in France
Unit – 5 :
Comparison with the status of Rights in India
Block – III : Judicial Process and Review
Unit – 1 :
Organization of the Judiciary inU.K, USA and France
Unit – 2 :
Judicial review – evolution and implementation
Unit – 3 :
Evolution of Tribunals
Unit – 4 :
Separation of Judiciary from the executive and legislature
Unit – 5 :
Comparison with the Indian System
Block – IV : organization of Legislative and executive powers
Unit – 1 :
Distribution of legislative powers
Unit – 2 :
Extent of Executive power
Unit – 3 :
emergency powers
Unit – 4 :
Resolution of Conflicts
Unit – 5 :
Law making process in U.K, USA and France in comparison with India
Reference Books :
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K.C.Wheare, Modern Constitutions.
Dauglus W.O, Studies in Indian and American Constitutional Law.
A.V.Dicey, Introduction to the Study of Constitution.
Rotunda and Nowak, Treatise on American Constitution.
Bernad Schwartz Commentary on American Constitution
E.S.Venkataramaiah, Federalism Comparative Study
Mason and Beany, American Constitutional law
Rodney Brazier, Constitutional Practice.
Godfrey and Blondel, The French Constitution and Government.
Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law
Vicki C. Jackson, Mark V. Tushnet, Comparative Constitutional Law
Bhagwan Vishnoo, Bhushan Vidya, World Constitutions
************
LL.M. – : 27
Administrative Law-I
Objectives :
The very objective of studying of Administrative law I is to understand nature of the
administration available in the country. This will definitely ensures the better administration not
only for those who study but also for others. The goal of ideal state is not depending upon the
how best the state ensures the good administration but it is depending upon how best the people
will take part in the administrative process.
Block – I :
Fundamentals of Administrative Law
Unit – 1 :
Evolution, definition, nature, scope and significance of Administrative Law in
various system of governance from ancient to modern.
Unit – 2 :
Development of Administrative law in USA, UK and India, and Droit
Administrative in France.
Unit –3 :
Constitutional dimensions of administrative law and its relationship, Role of
administrative law in welfare state and relationship between constitutional and
administrative law.
Unit – 4 :
Rule of law-changing dimension, regulation of administrative process. Rule of
law in modern concept and its changing dimensions.
Unit – 5 :
Doctrine of Separation power and its implication upon administrative law.
Montesquieu theory and its limitations. Doctrine of separation of powers inn
practice-USA, England, India. System of checks and balances.
Block – II : Classification of power, Delegation of legislative power and its control
Unit – 1 :
Legislative – quasi legislative powers Executive and judicial powers -quasi
judicial powers- their meaning, nature and extent.
Unit –2 :
Legislative power of administration – extent, process and problem of delegation,
factor leading to delegation of power, purely administrative power, applicability
of the delegation of power and its limitations
Unit – 3 :
Ground and methods of Judicial and Parliamentary control over delegated
legislation (including the referring to the Joint Parliamentary committee)
Unit – 4 :
Sub delegation of power-sub delegation of ministerial function, delegation or
assistance, its issues-specified authority and government
Unit – 5 :
Role of administrative agencies for excising power and its constitutional
standards.
Block – III :
Procedural fairness and Administrative Discretionary power
Unit – 1 :
Evolution and significance of principle of Natural justice
Unit – 2 :
Right to fair hearing – Audi Alterm paterm – Administrative cases – statutory
hearing- reasoned decision and its exceptions
Unit – 3 :
Rule against bias
Unit – 4 :
Administrative Discretionary power – definition, its scope, nature and relevance in
the present day context, with the support of right to information Act, 2005.use,
misuse, abuse and non-use of discretionary power.
Unit – 5 :
Judicial control over Administrative Discretionary power – Retention, Dictation
and Abuse of Administrative power.
Block – IV : Judicial review of Administrative action
Unit – 1 :
Nature extent and limitation of Administrative action in India.
Unit – 2 :
Judicial control over Administrative action- remedies for Administrative wrongs,
Writs Remedies.
Unit – 3 :
Limits of Judicial review-Locus standi and PIL- Laches-Resjudicata and Doctrine
of exhaustion of alternative remedies – Doctrine of Standing and Doctrine of
Ripeness
Unit – 4 : Statutory Remedies – General and Specific statutory remedies for administrative
action.
Unit – 5 :
Common Law, civil law and other remedies.
The study is with reference to Administrative Law in India, UK, USA and France.
Reference Books :

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M. P. Jain & S. N. Jain - Principles of Administrative Law, 6th Edition 2001, PublicationLexis Nexis Butterworth‟s Wadawa Nagpur .
P. Massey - Administrative Law, 7 th Edition 2008. Publication-Eastern Book Company,
Lucknow.
H.W.R. Wade and C.F. Forsyth - Administrative Law, 10th Edition 2009, PublicationOxford University Press,Newyork.
S. P. Sathe - Administrative Law, 7th Edition 2006. Lexis Nexis, Butterworth‟s
Publication.
Garner‟s – Administrative Law, 8 th Edition 1996, Oxford University press
Richard J Pierce & Kenneth Culp Davis
Subba Rao G C V
Administrative law treatise
Administrative law
LL.M.- 28
Constitutional Law – IV
Service Law
Objectives :
Positioning of right personnel at right place is significant, in the administration of the
government, as they act as conduit between the State and citizens. This will assure good
governance and make the people to feel good about the government. The paper is aspiring to
highlight the scope and limitations of the services under the State. This paper shall be studied by
appreciating relevant civil service rules and the notification issued by the government from time
to time.
Block – I :
Introduction services
Unit – 1 :
Classification of service – Merit system and spoils system
Unit – 2 :
Utility of Services in the modern administrative era
Unit – 3 :
Types and Theories of Bureaucracies
Unit – 4 :
Role of Civil Servants in Good Governance
Unit – 5 :
Status of civil servants in India Role of Public Service Commissions
Block – II :
Fundamental rights of civil servants
Unit – 1 :
Right to equality
Unit – 2 :
Civil Servants under Art.19 namely freedom to form association and unions, right
to strike, to carry on profession/occupation
Unit – 3 :
Administrative Discretion
Unit – 4 :
Status of Civil Servants under Art.21
Unit – 5 :
Civil Servants and Directive Principles of State Policy
Block – III : Government services
Unit – 1:
Legislative power
Unit – 2:
Doctrine of pleasure
Unit – 3:
Safe guards with respect to dismissal, removal and reduction in rank
Unit – 4:
Exclusion of opportunity under 311 (ii)
Unit – 5:
Disciplinary proceedings
Block – IV : Legal order and civil service
Unit – 1:
powers to make rules and regulations under Art. 309
Unit – 2:
Special protections for civil servants under statutes
Unit – 3:
Prevention of Corruption Act
Unit – 4:
Service Tribunals
Unit – 5:
Departmental Measures
Reference Books :
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H.M. Seervai, Constitutional Law of India – Vol.I &II
V.N.Shukla , Constitution of India
Rama Jois, Services under the State.
N.Narayanan Nair, The Civil Servant under the Law and the Constitution
K.K.Goyal, Administrative Tribunals Act.
D.S.Chopra, Doctrine of Pleasure – its Scope and implication and limitation. IJPA
M.R.Mallick, Service law in India.
G.B.Singh, Commentary on the CCS, CCA Rules.
Syamal Kumar Ray, Indian bureaucracy at the crossroads
Arora H.C & Miss Shavita Arora
Rangarajan R
EJAZ
Practical aspects of service law
Service law, a case law overview
Service laws in India, vol 1
*************
FOURTH SEMESTER
LL.M.- 29
Administrative Law-II
Objectives :
By studying this part the student would be very familiar with various nature of
administrative process , administrative function and extent of the state and its action in the public
field. This is very crucial in the wake of globalization and privatization of the economy
eversince India has adopted the same since 1993.
Block – I :
Administrative process- judicial control- Liabilities and accountabilities of
the states- Administrative Tribunals
Unit – 1 :
Nature and Meaning of Administrative Process- the role of civil services,
definition of state, applicability the administrative process in the private sectors.
Unit – 2 :
Relationship between ministers and to Parliament-power, duties, liabilities and
privileges. Its limitations and exceptions.
Unit – 3 :
Tortious and Contractual liability of the state, Local self government, reasons for
vicarious liability.
Unit – 4 :
changing concept
jurisprudence.
Unit – 5 :
Extent of accountability under consumer protection law including the reasons for
vicarious liability.
Block – II :
Governmental privilege, Official Secrecy and Access to information
Unit – 1 :
Governmental Privileges- withholding of documents and evidence-Official
Secrets Act,1923. Rebuttal of governmental privileges
Unit – 2 :
Governmental Privileges position in England and India.
Unit – 3 :
Right to Information Act, 2005.
Unit – 4 :
Doctrine of Legitimate Expectation and its constitutional dimensions and
limitations. Public utility services.
Unit – 5 :
Nature and Extent of Doctrine of Promissory estoppels- Waiver and
Proportionality.
Block –III :
Protections of civil servant, Administrative Adjudication and Public
undertakings and corporations
Unit – 1 :
Constitutional protection of civil servants, need for protection of civil servants.
Lacunae in the protection.
Unit – 2 :
Terms and condition of service, tenure of office – the doctrine of pleasure its
extent and limitations and exceptions.
Unit – 3 :
Administrative Adjudication - Administrative Tribunals and Special Court Act –
1979.
Unit – 4 :
Nature, Constitution and powers of Public Undertakings and control over them.
Unit – 5 :
Privatization of public corporations and its impact in India on concept of state.
Block IV :
Administrative faults and redressal machinery
of
liability-personal
accountability,
compensation
Unit – 1 :
Ombudsman in England, Australian and US .
Unit – 2 :
Evolving Indian models of Ombudsman – Lokpal and Lokayukta.
Unit – 3 :
Central Vigilance Commission: composition, powers, deficiencies, Need for
autonomous status to the Commission.
Unit – 4 :
Statutory and other Inquiries.
Unit – 5 :
Commission of Enquiry under Act of 1952 - Investigative Agencies: The CBI,
Inquires by Legislative Commissions.
The study is with reference to Administrative Law in India, UK, USA and France.
Reference Books :

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
M. P. Jain & S. N. Jain - Principles of Administrative Law, 6th Edition 2001, PublicationLexis Nexis Butterworth‟s Wadawa Nagpur .
P. Massey - Administrative Law, 7 th Edition 2008. Publication-Eastern Book Company,
Lucknow.
H.W.R. Wade and C.F. Forsyth - Administrative Law, 10th Edition 2009, PublicationOxford University Press,Newyork.
Garner‟s – Administrative Law, 8 th Edition 1996, Oxford University press
De Smith - Judicial Review of Administrative Action, 6 th Revised Edition 2006, Sweet and
Maxwell Publication.
S. P. Sathe - Administrative Law, 7th Edition 2006. Lexis Nexis, Butterworth‟s
Publication.

Richard J Pierce & Kenneth Culp Davis
Subba Rao G C V
Administrative law treatise
Administrative law
***************
LL.M.- 30
MEDIA AND LAW
LL.M ( Constitutional Law)
Objectives :
Mass communication from the days of printing press has played a very important role on
the formation of the public opinion. Advancement in science and technology has changed the
scope and dimensions of mass communication. ICT has created digital era for us. While there are
definite benefits from these technologies, the experience shows that these technologies can be
abused to harm the interests of the society. The course aims to provide basic understating of the
evolution of mass and media and its regulation.
Block – I : Freedom of speech and expression
Unit – 1:
Freedom of speech as a human right – Philosophical justification for the
protection of Free speech right – Constitutional guarantee for Free Press –
reasonable restrictions on Free speech
Unit – 2 :
Media Freedom – boundaries of a free press - Mass media –press, films, radio,
television – ownership patterns – legal issues; Freedom of Information v Free
Speech
Unit – 3 :
Origins of broadcasting – regulation of press and broadcasting – censorship of
broadcasting media and press – leading cases – Evolution of television as a visual
media
Unit – 4 :
Impact of films as visual media – censorship of films – judicial view on film
censorship – standards of censorship
Unit – 5 :
Role of media in law making process.
Block – II : protection of reputation
Unit – 1 :
Defamation – overview – general framework for defamation law- role of malice –
IPC provisions – remedies and damages
Unit – 2 :
Decent speech – indecent speech – hate speech – racial speech – obscenity on
mass media – regulation and control
Unit – 3 :
Libel in press –regulation and control – Slander through Broadcasting audio-video
defamation
Unit – 4 :
Internet as a platform of free speech – regulation of content on Internet selfregulation v Government regulation
Unit – 5 :
Libel and slander in cyberspace – cross border libel/slander – jurisdictional
problems – Gutnick v John Doe
Block – III : Media and privacy
Unit – 1 :
Obscenity and pornography – historical background - Hicklin
contemporary standards in Miller v California - Child pornography
Test –
Unit – 2 :
Blasphemy – historical overview- censorship of stage productions – violence legal regulation of blasphemy
Unit – 3 :
Privacy – historical development of private and confidential information – media
practices and human rights – photo journalism in public places – child right to
privacy
Unit – 4 :
Information privacy and reputation - personal data protection – abuse of personal
information – market ing of personal information- internet privacy
Unit – 5 :
Press and Public access to the judicial processes , records, places and meetings –
Right to information Act
Block – IV : Media, ethics and adjudication
Unit – 1 :
Copyright issues in mass media – protection for copyrighted work – plagiarism –
pirated music - remedies for infringement
Unit – 2 :
Media and Courts - Report of legal proceedings – trail by media – sensitive court
reporting and human rights contempt of court – procedure and punishment
Unit – 3 :
Corporate and commercial speech – development of commercial speech doctrine
– commercial speech for professionals and corporations – Art.19(1)(a) protection
for unsolicited mail advertising – regulation of commercial speech
Unit – 4 :
Ethical dilemmas, issues and concerns in mass communication – foundation of
ethics- different aspects of journalism‟s ethical issues- Reporters priviliges and
protection of media sources
Unit – 5 :
Extra- judicial regulation of media content – press complaints and editors‟ code of
practice –Broadcasting standards commission – codes for advertisement standards
– Film censorship board - ICANN
Reference Books :

Ursula Smartt, Media and Entertainment Law, Routledge

Roy L Moore, MediaLaw and Ethics, Routledge

Roy L Moore, Mass communication Law and Ethics

Perry Keller, European and International Media Law, Oxford

Sallie Spilsbury, Medaid Law, Cavendish

Frank Leishmann, Policing and the Media, Lawman

Roger L Sadler, Electronic Media Law, Sage
Sebastian Paul
Jaya Patil
Wayne Overbeck
Forbidden zones: law & media
Mass media: support for rural development
Major principles of media law
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LL.M.- 31
Constitutional Law – V
[Law of Adjudication]
Objectives
:
This paper aims to educate the pupil on the structure of judiciary and its role in the
administration of justice. One has to concentrate on theory, practice and procedure that are being
followed by the Judiciary.
Block – I :
Administration of justice
Unit – 1 :
Access to Justice
Unit – 2 :
Concept of Administration of civil justice
Unit – 3 :
Concept of Administration of Criminal justice
Unit – 4 :
Administration of justice as a constitutional mandate
Unit – 5 :
Justice and other modes of dispute resolution
Block – II :
Principles of adjudication
Unit – 1:
Meaning and types of adjudication
Unit – 2:
Locus standi – trends of liberalization of Locus standi, PIL
Unit – 3:
Bars to adjudication like laches or delays, res judicata,
Unit – 4:
estoppel- double jeopardy,autrefois acquitautrefois convict,
Unit – 5:
Alternative remedies
Block – III : Enforcement of fundamental rights
Unit – 1 :
Scope of Art. 32.
Unit – 2 :
Art. 32 vis-à-vis Art.226
Unit – 3 :
Power to grant writs
Unit – 4 :
Art.32 and Public Interest Litigation
Unit – 5 :
Power to grant damages
Block – IV : Adjudication and other miscellaneous provision
Unit – 1 :
Jurisdiction of the Supreme Court
Unit – 2 :
Jurisdiction of the High Courts
Unit – 3 :
Independence of the judiciary
Unit – 4 :
Subordinate judiciary and their hierarchy
Unit – 5 :
Establishment of various tribunals
Reference Books :












H.M. Seervai, Constitutional Law of India – Vol.I &II
V.N.Shukla , Constitution of India
Upendera Baxi, The Crisis of the Indian Legal System.
V.G.Ramachandran, Law of Writs
Sharpe, Law of Habeas Corpus
Hansara, Law of Writs
M.R.Mallick, Writs: Law and Practice
D.D .Basu, Constitutional Remedies and Writs
P.M.Baxi, Public Interest Litigation.
Noor Mohammed Bilal, Dynamism of Judicial Control and Administrative Adjudication
Hans Raj Khanna, Judiciary in India and Judicial process.
Structure and Jurisdiction of the Higher Judiciary, Volume 58 of Report, Law
Commission of India.
************
LL.M.- 32
Dissertation
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