PAPER I
LAW AND SOCIAL TRANSFORMATION IN INDIA
Unit 1:
(A) Concept of Social Change and Social Transformation
1. Relation between Law and Public Opinion
2. Law as an instrument of social change
3. Law tradition and culture. Impact of common law on Indian Tradition &
Culture.
4. Sociological school and its, applicability in India.
5. Principles of social legislation
(B)
Religion and the Law :
1. Religion-its meaning and relationship with law
2. Evaluation of Religion as an integrative and divisive factor
3. Concept of Secularism in Indian Perspective
4. Religious minorities and the law
Unit 2 : (A)
Language and the Law :
1. Multi-linguistic culture and its impact on policy in governance
2. Role of Language in society
3. Formation of linguistic states-critical evaluation
4. Constitutional guarantee to linguistic minorities
5. Language policy and the Constitution; Official language
(B)
Community and the Law
1. Caste as a socio-cultural reality and role of caste as a divisive and
integrative factor
2. Non-discrimination on the ground of caste
3. Acceptance of caste as a factor to undo past injustices-An objective analysis
4. Protective discrimination; Scheduled Castes, tribes and backward classes
5. Reservation Policy, Statutory Commissions and Problems of National
Integration
Unit 3 : (A)
Regionalism and the Law :
1. Role of Regionalism as a divisive and integrative factor
2. Concept of India as one unit
3. Right of Movement, residence and business, impermissibility of state or
regional barriers
4. Equality in matters of employment; the slogan "Sons of the soil" and its
practice
5. Admission to educational institutions; preference to residents of a state
(B)
Women and the Law :
1. Position and role of women in Indian society
2. Crimes against women
3. Gender injustice and its various forms, causes and remedies
4. Women's Commission
5. Empowerment of women; Constitutional and other legal provisions
Unit 4 : (A) Children and the Law :
1. Child labour
2. Sexual exploitation
3. Adoption, maintenance and related problems
4. Children and education-a constitutional mandate
(B) Modernisation and the Law
1. Modernisation as a value: Constitutional perspectives
2. Modernisation of social institutions through law
3. Reform of family law
4. Agrarian reform-Industrialisation of agriculture
5. Criminal Law : Plea bargaining; compounding and payment of compensation
to victims Civil Law (ADR) Confrontation v. Consensus; mediation and
conciliation; Lok Adalat
PAPER II
INDIAN CONSTITUTIONAL LAW :
THE NEW CHALLENGES
Unit 1 : Federalism :
(A)
1. Creation of new states
2. Allocation and share of resources
3. The inter-state disputes on resources
4. Rehabilitation of internally displaced persons and Centre's responsibility
5. Freedom of Trade, Commerce and Intercourse
6. Services under Union
7. Emergency Provisions
8. Federal Comity
9. Special status of certain States, Tribal Areas, Scheduled Areas
Unit 2:
A. "State" Meaning and Scope in Modern Perspective
B. Right to equality : Privatization and its impact on affirmative action
C. Freedom of Press and challenges of new scientific development
i.
ii.
Freedom of speech
Right to strike, hartal and bandh
iii.
iv.
v.
vi.
vii.
Emerging regime of new right and remedies-Right to Education; Right to
Information and Right to Privacy, Right to Health
Reading Directive Principles and Fundamental Duties into Fundamental Rights
Compensation jurisprudence
Right to life and liberty and Criminal Jurisprudence
Commercialisation of education and its impact
Unit 3 : Stresses and Strains of Governance
1.
2.
3.
4.
5.
6.
7.
8.
9.
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 :
1. Nexus of politics with criminals and the business
2. Election : Mechanism and Procedure
3. Election Commission : Status
4. Electoral Reforms : Accountability, Transparency, Free and Fair, Election and
remedies
5. Coalition Government, stability, durability, corrupt practice
6. Grassroot democracy, Democratic decentralization and local self-government
PAPER III
JUDICIAL PROCESS
Unit 1: Nature of Judicial Process :
i.
Judicial process as an instrument of social ordering
ii.
Judicial process and creativity in law-common law model, Legal Reasoning and
growth of law change and stability
iii.
The tools and techniques of judicial creativity and precedent
iv.
Legal development and creativity through legal reasoning under statutory and
codified systems
v.
Notions of judicial review
vi.
Role in constitutional adjudication-various theories of judicial role
vii.
Judicial Behaviour and constitutional adjudication
viii.
Judicial accountability-Problems and Perspectives
Unit 2 :Judicial Process in India :
i.
Indian debate on the role of judges and on the notion of judicial review
ii.
The "independence" of judiciary and the "political" nature of judicial process
iii.
Judicial activism and creativity of the Supreme Court-the tools and techniques of
creativity
iv.
Judicial process in pursuit of constitutional goals and values-new dimensions of
judicial activism and structural challenges
v.
vi.
Institutional liability of courts scope and limits
Principles of Constitutional Interpretation
Unit 3: The Concept of Justice :
i.
Concept of Rights and Justice
ii.
The concept of justice or Dharma in Indian thought
iii.
Dharma as the foundation of legal ordering in Indian thought
iv.
The concept and various theories of justice in the western thought
v.
Various theoretical bases of justice : The liberal contractual tradition, the liberal
utilitarian tradition and the liberal moral tradition
Unit 4 : Relation between Law and Justice :
i.
Equivalence Theories-Justice as nothing more than the positive law of the stronger
class
ii.
Dependency theories
iii.
The independence of justice theories mean's to an end, relationship of law and
justice - The relationship in the context of the Indian Constitutional ordering
iv.
Analysis of selected cases of Supreme Court where the judicial process can be seen
as influenced by theories of justice
PAPER IV
LEGAL EDUCATION AND RESEARCH
METHODOLOGY
Unit 1:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
Objectives of Legal Education
Lecture Method of Teaching-Merits and demerits
The problem method
Discussion method and its suitability at postgraduate level teaching
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 2 : Research Method :
i.
ii.
iii.
iv.
v.
vi.
vii.
Socio Legal Research
Doctrinal and non-doctrinal
Relevance of empirical research
Induction and deduction
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
Unit 3 :
i.
Decisional materials including foreign decisions; methods of discovering the "ruleof
the case"
ii.
Juristic writings-a survey of juristic literature it relevance in selection of problems
in India and foreign periodicals
iii.
Compilation of list of reports or special studies conducted relevant to the problems
iv.
Formulation of the Research problem
v.
Devising tools and techniques for collection of data
vi.
Methods for the collection of statutory and case material and juristic literature
vii.
Use of historical and comparative research material
viii.
Use of observation studies
ix.
Use of questionnaires/interview
x.
Use of case studies
xi.
Sampling procedures. design of sample, types of sampling to be adopted
xii.
Use of scaling techniques
Unit 4 :
i.
Jurimetrics
ii.
Computerized Research-A study of legal research programmes such as Lexis and
West law coding
iii.
Classification and Tabulation of data-usc of cards for data collection. Rules for
tabulation, Explanation of tabulated data
iv.
Analysis of data-Qualitative and Quantitative
v.
Report writing.
PAPER V
LAW, DEVELOPMENT AND DECENTRALIZATION
Unit1:
i.
ii.
Constitutional mandate for Development and Democratic decentralization.
International
Trends
of
Legal
processes
ensuring
development
and
distribution of power.
iii.
Survey of major legislative efforts made towards promotion of developmental
jurisprudence
iv.
Role of Education-Primary, Secondary & Higher Education in promoting
developmental goals.
v.
Policy decisions & legitimate expectations.
Unit 2:
i.
Institutional Infrastructure and Development
ii.
Revitalizating Growth and Competitivenes
iii.
Study of Human Development Issues
iv.
Public Private Partnership Model
v.
Environment versus Development
Unit 3 :
i.
Analytical
&
Critical
study
of
Constitutional
Provisions
ensuring
decentralization of power.
ii.
Legal Framework at State Level- Panchayat Raj Institution-Law and Practice
iii.
Emperical study of Panchayat Raj Institution in Rajasthan
iv.
Role of Public Opinion, Public Participation and Civil Society in Promoting
effective decentralization of Power
Unit 4 : Study of Specific Areas such as
i.
Role of Intellectual Property in Development
ii.
Corporate Governance
iii.
The politics of power and constitutional contradictions
iv.
v.
Need for Labour Reforms
Reforms in Taxation
