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National Security Rule of Law

This document provides an overview of the course "National Security, Public Order and Rule of Law". The course aims to familiarize students with different aspects of emergency powers and provide a scrutinizing intellectual attitude towards such powers. It is a 2nd semester course worth 4 credits, with 70% assessed through an end-term exam and 30% through internal assessments. The course uses lectures, case studies, assignments, guest speakers and group discussions to achieve learning goals. It is comprised of 5 units covering topics like preventive detention laws, exceptional legislation, civil liberties during emergencies, and access to courts. Upon completion, students will understand how states combat threats and how emergencies can limit rights, in addition to related priorities

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482 views3 pages

National Security Rule of Law

This document provides an overview of the course "National Security, Public Order and Rule of Law". The course aims to familiarize students with different aspects of emergency powers and provide a scrutinizing intellectual attitude towards such powers. It is a 2nd semester course worth 4 credits, with 70% assessed through an end-term exam and 30% through internal assessments. The course uses lectures, case studies, assignments, guest speakers and group discussions to achieve learning goals. It is comprised of 5 units covering topics like preventive detention laws, exceptional legislation, civil liberties during emergencies, and access to courts. Upon completion, students will understand how states combat threats and how emergencies can limit rights, in addition to related priorities

Uploaded by

Motiur
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Paper Name: National Security, Public Order and Rule of Law

Course:LL.M
Class: 2nd Semester
Credit: 4
End-Term:70
Internal Assessment:30

1.Objectives of The Course :

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 in such circumstances, the democratic forces must assert that
for survival of the State, the least possible liberty should be available. The students should
be familiarized with different aspects of such emergency powers and scrutinizing
intellectual attitude towards such powers.

The following syllabus prepared with this perspective will comprise 6 units and 24 sub units
of one hour duration each to be covered over a period of one semester

2.Approach of Study:

The course aims at achieving the goals with the following tools:

1. Lecture method as per the student’s learning capacity,course contents and


learning goals.
2. Case studies for analysing past history and better understanding of the trend.
3. Assignment of Projects to sharpen the researchingskills of students.
4. Flipped Learning and Blended Learning
5. Regular guest speaker session.
6. Continous assessmnt and assignments with focus on developing reflective
thinking.

3.Learning Outcome:
After going through the course the students will be able to learn the following things:

1. Nature,objective and operation of national security laws.


2. How do the state determine and combat those threats?
3. How an emergency can shadow fundamental rights?
4. What actions should we take to protect our Fundamental Rights?
5. Who determine priorities during emergency?
6. The role of judiciary in protecting national security.
UNIT.1. National Security, Public Orders and Rule of Law

1.1. National Security, Public Orders and Rule of Law

 Emergency Detention in England - Civil Liberties


 Subjective satisfaction or objective assessment?

1.2. Pre-Independence law.

UNIT 2. Preventive Detention and Indian Constitution

2.1. Article 22 of the Constitution

2.2. Preventive Detention and Safeguards

2.3. Declaration of Emergencies

2.4. 1962, 1965 and 1970 Emergencies

2.5. 1975 Emergency

UNIT.3.Exceptional Legislation

3.1. COFEPOSA and other legislation to curb economic offenders

3.2. TADA: "the draconian law"-comments of NHRC

3.3. Special courts and tribunals

3.4. Due process and special legislation

UNIT.4.Civil Liberties and Emergency

4.1. Article 19

4.2. Meaning of "Security of State"

4.3. Meaning of "Public Order"

4.4. Suspension of Article 19 rights on declaration of emergency

4.5. President's Right to suspend right to move any court

4.6. Article 21 - special importance - its non-suspend ability

4.7. Suspend ability -44th amendment

UNIT.5. Access to Courts and Emergency

5.1. Article 359: ups and downs of judicial review

5.2. Constitution (Forty-fourth), Amendment Act, 1978.

5.3. Constitution (Fifty-ninth) Amendment Act,. 1988.


Assessment: Internal Examination-30,Out of which

Assignment-10
Class Test-10
Group Discussion-5
Attendance-5
Endterm Examination-70
Total=100

Select bibliography:

Charles Tilly, “War Making and State Making as Organized Crime”, in


Bringing the State Back In, Peter Evans, Dietrich Rueschemeyer, and Theda
Skocpol (Eds.), Cambridge University Press, Cambridge, 1985

David A. Baldwin, “The Concept of Security”, Review of International


Studies, 23 (1997): 5- 26.

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
(1978)

International Commission of Jurists, Status of Emergency and Human Rights (1984)

Mohammed Ayoob, “State Making and Third World Security” in The Third

World Security Predicament: State Making, Regional Conflict, and the

International System, Boulder: Lynne Rienner Publishers, 1995

N.C. Chatterji and Parameshwar Rao, Emergency and the Law (1966)

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