Syllabus

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PANJAB UNIVERSITY, CHANDIGARH
FACULTY OF LAW
OUTLINES OF TESTS SYLLABI AND COURSES OF
READING
FOR
One Year LL.M. Course at UILS
(Semester System)
Examinations 2020-21

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ONE YEAR LL.M. COURSE
LIST OF PAPERS (2020-21)
1ST SEMESTER
S.No Law, Science &
Technology
Commercial and
Corporate Laws
Constitutional And
Administrative Law
Compulsory Subjects
1.
2.
Law & Justice in Globalising World, P-I
Legal Education and Research Methodology, P-II
Optional Subjects
3. Law Health & Technology
P-III
Corporate Governance
and Corporate Social
Responsibility, P-VI
Centre-State Relations
and Constitutional
Governance, P-XVI
4. Intellectual Property Rights
in 21st Century, P-IV
Banking & Insurance, P-
VII
Media Law, P-XVII
5. General Principles of
Criminal Law and Forensic
Studies, P-V
Commercial Arbitration,
P-VIII
Police and Security
Administration, P-XVIII
6. Term Paper
2ND SEMESTER
Compulsory Subject
1. Comparative Public Law, P-IX
Optional Subjects
2. Law relating to Cyber Space
and E-commerce, P-X
International Trade Law,
P-XIII
Fundamental Rights
and Directive
Principles, P-XIX
3. Legal Pedagogy, Language
and Education, P-XI
Transnational
Corporation and Human
Rights , P-XIV
Administrative Law, P-
XX
4. Environmental Law and
Policy, P-XII
Labour and Employment
Law, P-XV
Environment Law, P-
XXI
5. Dissertation & Viva-Voce
DIRECTOR

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SCHEME OF EXAMINATIONS:
The scheme of examination of papers of both the semesters (excluding
dissertation) shall be as under:-
Maximum 100 marks will be5 allotted for each paper (except term paper and
dissertation). These marks will be further divided into two parts i.e. theory
examination (75 marks) and Seminar (25 marks).
THEORY EXAMINATION (75 MARKS):
For the theory examination the whole syllabus shall be divided into IV Units. Question
paper will be divided into five units. Unit I will have one compulsory question of 25
marks, from Unit-I, II, III & IV of the syllabus, consisting of 5 parts (at least one part
from each Unit) of 5 marks each. Unit II, III, IV and V of the question paper
corresponding to the Unit-I to IV of the syllabus will have two questions each and the
students will be required to attempt one question of 12 ½ marks each from each unit.
The focus of the papers shall be to critically examine the academic/research aptitude
of the LL.M. students.
INTERNAL ASSESSMENT:
SEMINAR (18 MARKS):
The Seminar will include a research paper of 2000 words excluding footnotes, (Font
size 12- Times New Roman-Spacing 1 ½) and its presentation. The topic of the
Seminar will be given by the concerned teacher in the class. The seminar and its
presentation shall be evaluated by a Committee consisting of One Professor or
Associate Professor and two concerned teachers
Research paper 09 marks
Presentation 09 marks
Mid Semester Test 07 marks
TERM PAPER: 50 (MARKS):
There will be Term Paper of 35-50 pages (font-12-Times New roman and spacing 1 ½ )
to be assigned by the concerned teacher/s in the class on the relevant subject. The
term paper shall be evaluated by an external examiner. Three names of external
examiners will be proposed by the concerned teacher/s and out of which one name
will be recommended by the committee of all Professors of the Department to be
approved by the DUI.

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SESSION 2020-21
SEMESTER-I
SUBJECT: LAW AND JUSTICE IN GLOBALIZING WORLD
PAPER-I
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective of the Course:
Globalisation has been in existence since the dispersal of homo sapiens.
However, in the 21st Centurythe globalisation, because of fundamental
economic, geopolitical, demographic and technological changes, has created
distinctive opportunities and truly unprecedented challenges, particularly
environmental ones, for the mankind. The main objective of the course is to
provide the students the necessary tools to understand these contemporary
changes &challenges. And how theses changes are demanding the new ways of
global governance and shaping the shared global vision for development i.e. the
concept of global justice based on common ethical values.The students will be
able to learn about:
The six waves of globalisation, from trade by sea to the fourth industrial
revolution:
The Weakening Power of the nation state with development of human rights
and transnational law
Various Theories of Justice and their relevance in administration of Global
Justice
Lastly, the concept of Sustainable Development with focus on causes and
effects of shifting geopolitics, the concepts of planetary boundaries and
information revolution.
Section-A
Six Major Waves of Globalisation
Globalisation and State Sovereignty
Section-B
Globalisation and Human Rights
Emergence of Transnational Law in a Globalising World
Section-C
Theories of Global Justice: John Rawls Theory of Justice; Gandhian Theory of
Justice; Amartya Sen’s Capability Approach
Cosmopolitanism and Global Justice

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Section-D
Globalisation and Sustainable Development
Shared Global Development Vision and Ethics
Globalisation and Legal Profession
Suggested Readings:
Books
• Amartya Sen, The Idea of Justice, Oxford University Press, 2009.
• Amit Bhandari, Development with Dignity, National Book Trust of India, New
Delhi, 2005.
• Andreas Follesdal and Thomas Pogge (eds.), “Real World Justice: Ground,
Principles, Human Rights and Social Institutions, Springer, The Netherlands,
2005.
• Andrew Kuper, Democracy Beyond Borders: Justice and Representations in
Global Institutions, Oxford University Press, 2004.
• Anthony McGrew, David Held (eds.), Governing Globalisation: Power,
Authority and Global Governance, Polity Press, 2002.
• Boauventura de Sousa Santos, Cesar A. Rodriguez-Garavito (eds.), Law and
Globalisation from Below, Cambridge University Press, 2005.
• Brijesh Babu, Human Rights and Social Justice, Global Publications, New
Delhi, 2010
• D. R. Saxena (ed.), Law, Justice and Social Change, Deep & Deep
Publication, New Delhi, 1996.
• David Held(ed.), A Globalizing World? Culture, Economics, Politics, 2004.
• David Kinley, Civilizing Globalisation: Human Rights and the Global
Economy, Cambridge University Press, 2009.
• Gillian Brock, “Global Justice A Cosmopolitan Account”, Oxford University
Press, 2009
• John Rawls, A Theory of Justice, Harvard University Press, 1971.
• John Rawls, Justice as Fairness: A Restatement, Harvard University Press,
2001.
• Maddison, Angus, The World Economy: a millennial perspective,
Development Center Studies. OECD. (2001)
• Manfred B. Steger, Globalization: A Very Short Introduction, Oxford
University Press, 4th Ed, 2017
• N. R. Madhava Menon (ed.), Social Justice and Social Process in India,
Indian Academy of Social Sciences, Allahabad, 1988.
• P. Ishwara Bhat, Law & Social Transformations, Eastern Book Co., Lucknow
1st ed, 2009.

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• Sachs et al., Pathways to Deep Decarbonization, 2014 report. (Executive
Summary)
• Sachs, Jeffrey D., The End of Poverty Chapter 2: The Spread of Economic
Prosperity, (2005)
• Wenhua Shan, Penelope Simons et al., “Redefining Sovereignty in
International Economic Law”, Hart Publishing, 2008.
• World Commission on Social Dimension of Globalisation, “ A Fair
Globalisation: Creating Opportunities for All”, 2004
Articles
• Ajit Pal Singh, “Globisaliation and its impact on National Policies, with
Reference to India: An Overview of Different Dimensions” 13 (2) World Affairs:
The Journal of International Issues, 66-85, (2009)
• Amit Kumar Sinha, “Human Rights in the Era of Globalisation” (6) Madras
Law Journal, 124-136 (2010).
• B.S. Chimni, “International Institutions Today: An Imperial Global State in
the Making” 15(1) European Journal of International Law (2004).
• COP23: Climate negotiations agree on way forward ,in Top
Stories/Environment, Deutsche Welle.(November 18, 2017)
• Frank J. Garcia, Globalization, Global Community and the Possibility of
Global Justice, Digital Commons @ Boston College Law School(2005)
• Hansen, Valerie. The Legacy of the Silk Road. Yale Global Online, Yale
University, (January, 2013)
• Lechterman, Theodore M., Grounds of Global Justice (March 13, 2008).
Available at SSRN: http://dx.doi.org/10.2139/ssrn.1139503
• Lindahl, Hans --- "Inside and Outside Global Law" [2019] SydLawRw 1;
(2019) 41(1) Sydney Law Review 1
• O’Rourke and Williamson (2004). Once more: When did globalisation begin?.
European Review of Economic History 8, 109-117
• Reidy, David A., Rawls on International Justice: A Defense, Political Theory,
Vol. 32, No. 3, pp. 291-319, 2004, revised in Sep., 2017 Available at SSRN:
https://ssrn.com/abstract=932668
• Rockstrom et al., Sustainable Development and Planetary Boundaries. (May
2013)
• S.N. Sangita and T.K. Jyothi, “Globalisation, Participatory Democracy and
Inclusive Governance: Experiences in India” 55:4 Indian Journal of Public
Administration, 813- 828 (2009).
• Sachs Jeffrey et.al., A Multi-Religious Consensus on the Ethics of
Sustainable Development: Reflections of the Ethics in Action Initiative, May
9, 2017available at https://www.g20-insights.org/policy_briefs
• Shyam Krishan Kaushik, “Of Sovereignty: Fresh Look” 52 (1) Journal of the
Indian Law Institute ,60-79 (2010).

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• The Economist, When did globalisation start? Free Exchange, September
23rd, 2013
• Vivek Kumar Mishra, “Globalisation, Social Justice and Marginalised Groups
in India”, 19(4) World Affairs : The Journal of International Issues 60-73,
(2015).

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SESSION 2020-21
SEMESTER-I
SUBJECT : LEGAL EDUCATION AND RESEARCH METHODOLOGY
PAPER-II
Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective: The main objective of this course is to acquaint the students of law with
the scientific methods of social science research and is expected to provide the
knowledge of the various techniques of selection, collection and interpretation of
primary and secondary data in socio legal research. Emphasis would be laid on
preparing a foundation to conduct research. By the end of the course, students are
expected to develop a scientific approach to socio legal problems and shall be able to
design and execute small scale research problems. The practical skill in conducting
research will be evaluated on their performance in field research or
workshops/seminars, still an endeavor will be made to unveil various aspects of Legal
research to the students of Law as well as development of Legal writing skills among
them which are crucial for the success in Legal profession these days.
Learning Outcomes
• This course will expose students to methods of legal research and legal writing.
• The course aims to impart training on legal research to students.
• Students are expected to undertake substantial work outside of class in the
forms of targeted readings related to their project, identifying a research
question and organizing their research strategy.
• This will develop a scientific approach to socio legal problems
SECTION-A
Legal Research: nature, scope and objectives.
Various approaches to Legal Research: Doctrinal and Non Doctrinal, Socio-Legal
Research, Comparative Research
Identification and formulation of Research Problem.
Survey of existing literature.
Research Design
SECTION-B
Hypothesis.
Sampling techniques in research
Primary and Secondary Data;
Data collection techniques: Case Study, Observation, Interview, Questionnaire and
Schedule, Survey, Historical
SECTION-C
Data Processing: Editing, Coding and Classification.
Techniques of Data Presentation in Research: Tabulation, Diagrammatic and Graphic.
Analysis and Interpretation of Data

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SECTION-D
Legal Research Report
Research Proposal, research papers, short articles and commentaries, case comments,
review articles including book review and newspaper articles
Dissertation/ Thesis Writing
Foot Notes and Bibliographic Techniques.
Ethics in Legal Research
Issues of Copy Right and Plagiarism in Research
Research Funding Agencies
Suggested Readings:
• Burney,D.H. and Theresa L. White, Research Methods, Akash Press, New
Delhi, First Indian Reprint,2007.
• Denzin, N.K. and Yvonna, S. Lincoln,(Ed),Collecting and Interpreting
Qualitative Materials, SAGE Publications, Inc. California,Fourth
Edition,2013.
• Edmonds ,W.A. and Tom D. Kennedy., An Applied Reference Guide to
Research Designs-Quantitative, Qualitative and Mixed Methods, SAGE
Publications Inc. California, 2013.
• Fitzgerald,J. and Jerry Fitzgerald, Statistics for Criminal Justice and
Criminology in Practice and Research-An Introduction, 2014
• Goode,W.J. and Paul, K. Hatt., Research Methodology, Prentice Hall of
India Pvt. Ltd. New Delhi, Latest Edition.
• Guest ,G. (et. al),Collecting Qualitative Data- A Field Manual for Applied
Research. SAGE Publications Inc. California, 2013.
• Kumar, R., Research Methodology-A Step by Step Guide For Beginners,
SAGE Publications India Pvt. Ltd., New Delhi. Latest Edition.
• Leary, Z.O., The Essential Guide to Doing Research, Vistaar Publications,
New Delhi. First Indian Edition,2005
• Loseke, D.R., Methodological Thinking-Basic Principles of Social
Research Design, SAGE Publications India Pvt. Ltd., New Delhi. 2013.
• Myneni, S.R., Legal Research Methodology, Allahabad Law Agency,
Faridabad,Fifth Edition,2012.
• Richards, L. and Janice ,M. Morse., README First For a User’s Guide to
Qualitative Methods, SAGE Publications, Inc. California,2013.
• Singh, Rattan, Legal Research Methodology, Lexis Nexis Publications,
Gurgaion, Haryana, Edition,2013
• Verma,S.K. and M. Afzal Wani, Legal Research and Methodology, The
Indian Law Institute, New Delhi. First Reprinted Edition,2006.
• Yaqin , A., Legal Research and Writing Methods, LexisNexis Butterworths
Wadhwa , Nagpur.First Reprint,2011

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SESSION 2020-21
SEMESTER-I
SUBJECT: CENTRE-STATE RELATIONS AND CONSTITUTIONAL GOVERNANCE
PAPER-P-XVI
Theory Paper: 75
Seminar: 25
Objective: The Constitution of India provides for a federal system. The Union
and the State Governments derive their authority from the Constitution. The
relations between the centre and the States have been mentioned in parts XI
and XII of the Constitution under the heads, legislative, administrative and
financial relations. The objective of this course is to provide a greater
understanding of the division of powers between the center and stages in India
and the existing relationship between the two.
SECTION-A
Indian Federalism
Federal polity in India: Evolution and Concept
Federal Structure of Indian Constitution
Dominant Features of the Union over the States
Co-operative federalism:
Inter-state Council
Inter-state water dispute
Full faith and Credit clause
SECTION-B
Legislative Relations
Doctrine of territorial nexus
Delegated Legislation – permissible limits
Subject-wise distribution of powers
Principles of interpretation – Doctrine of Pith and Substance. Doctrine of
Colourable Legislation, Doctrine of Harmonious Construction, Ancillary Powers
Residuary Powers
Parliament’s Power to legislate on matters in the State List
Doctrine of Repugnancy
SECTION-C
Administrative Relations
Distribution of Executive Powers
Inter-governmental delegation of powers
Centre’s directives to the State- Constitutional and other statutory provisions
All India Services
Public Service Commissions: Membership and Functions

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SECTION-D
Financial Relations
Distribution of Fiscal Power
Inter-Government Tax Immunities, Difference between Tax and Fee
Factors responsible for sub-ordination of States
Tax-Sharing under the Constitution, Finance Commission - Specific
Purpose Grants (Article 282)
Impact of GST on Financial Relations
Suggested Readings:
• A.G. Noorani (ed.), Centre State Relations in India, 1972
• Ashok Chandra, Federalism in India
• Justice D.A. Desai, Centre and State Powers under the Indian
Federalism
• Dr. Subhash Kashyap, Constitution of India: Review and
Reassessment
• Dr. Subhash Kashyap, Indian Constitution: Conflicts and
Controversies

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SESSION 2020-21
SEMESTER-I
SUBJECT: MEDIA LAW
PAPER- P-XVII
Theory Paper: 75
Seminar: 25
Objective: To have an exhaustive understanding of the conceptual dimensions
of issues pertaining to media, its expanding horizons, the constitutional and
legal framework and judiciary response. The present course seeks to establish
a co-relationship between constitutional objective of free speech and expression
with that of media, which is deemed to be fourth pillar of democratic
governance. The digitization of media results in manifold issues owing to the
large audience that it caters to. This course herein discusses these issues
extensively in form of broadcasting and censorship criterions. At the same time
the course herein caters to the emerging trends in media in the wake of
Information and Communication technology and its impact on the changing
media structures.
Learning Outcomes:
• Create an understanding of the Constitutional foundations of freedom of
speech and media.
• Appreciate the relevance of reasonable restrictions on the expanding
media rights
• Comprehend the legislative framework regarding media
• Analyse the laws governing print media, electronic media and online
media and issues pertaining to the expanding horizons of media rights
SECTION -A
History of Media Legislation in India
Media under the Constitutional Framework
Reasonable Restrictions on Freedom of Press etc
Media and Human Rights
Case Laws:
Romesh Thappar v. State of Madras, 1950 SCR 594
Indian Express Newspapers v. Union of India, (1985) 2 SCC 434
Case Study:
Justice for Jessica: A Human Rights Case Study on Media Influence, Rule of
Law, and Civic Action in India

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SECTION-B
Media Trial
Issues of Privacy
Right to Advertisement/Comparative/Surrogate
Media and Ethics
Case Laws:
Justice K.S. Puttaswamy v. Union of India (2017) 10 SCC 1
Dr. Rajesh Talwar v. CBI 2013 (82) ACC 303
Case Study:
Sting Operation Jessica case by Tehelka and Star TV
Narottam Mishra paid news case
SECTION-C
Media under Tort & Criminal Law-
Defamation/Negligence/Obscenity/Sedition
Media and Legislature – Privileges of the Legislature
Media and Executive – Official Secrets Act and Right to Information
Media and Judiciary – Contempt of Court
Case Laws:
Ranjit D. Udeshi v State of Maharashtra, AIR 1965 SC 881
Naveen Jindal v. Zee Media Corporation Ltd. (2014) 2 SCC 1
Case Study:
Cobra post Sting operations
SECTION-D
Media Censorship under Cinematograph Act, 1953 and Press Council Act,
1978
Print Media under Press Council Act, 1978 (composition, role, power,
guidelines and functions of the Press Council of India)
Online Media under Information Technology Act, 2002
Broadcasting Media and Satellite Communication under Cable Television
Networks (Regulation) Act, 1995
Case Laws:
Secy, Ministry of Broadcasting v. Cricket Association of Bengal, AIR 1996 SC
1236
Shreya Singhal v. Union of India AIR 2015 SC 1523

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Suggested Readings:
• Durga Dass Basu, Commentary on the Constitution of India, Lexis Nexis
Butterworths Wadhwa, (2011).
• Dr. M.P.Jain, Indian Constitutional Law, Lexis Nexis Butterworths
Wadhwa, 6th Edition (2010).
• V.N. Shukla, Constitution of India, Eastern Book Company, 12th Edition,
(2013).
• H.M. Seervai, Constitutional Law of India, Universal Law Publishers,
(2005).
• Eric Barendt, Freedom of Speech, Oxford University Press, (2006).
• Madabhushi Sridhar, Madabhushi Sridhar Acharyulu's Right to
Information, Lexis Nexis, (2007).
• P.K. Saini, R. K. Gupta, Right to Information Act, 2005: Implementation
and Challenges, Deep and Deep Publications, (2009).
• Madhavi Divan, Facets of Media Law, Eastern Book Company,
Lucknow(2006)
• Dr. Umar Sama, Law of Electronic Media, Deep & Deep Publication Pvt.
Ltd., (2007)
• Vikram Raghavan, Communications Law in India (Legal Aspects Of
Telecom, Broadcasting And Cable Services), Lexis Nexis, (2007).
• Robertson and Nicol, Media Law, Sweet & Maxwell, 4th edition (2002).
• Soli. J. Sorabjee, The Law of Press Censorship in India, N.M. Tripathi Pvt
Ltd., (1976)
• V.Nelson, The Law of Entertainment and Broadcasting, Sweet & Maxwell,
2nd Edition, (2000)
Bare Acts
• Right to Information Act, 2005
• The Cable Television Network (Regulation) Act, 1995
• Cinematograph Act, 1952

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SESSION 2020-21
SEMESTER-I
SUBJECT: POLICE AND SECURITY ADMINISTRATION
PAPER- P-XVIII
Theory Paper: 75
Seminar: 25
Objective: National security is of paramount importance for the defence of the
country. The Constitution provides the basic framework for the same. The
objective of this paper is to study the structure of the different authorities
engaged in security and police administration and understand their working
and functioning under the law.
SECTION-A
Meaning of ‘Security of State’ and ‘Public Order’
Preventive Detention under Article 22: Significance and Safeguards
Martial Law: Constitutional Provisions
Emergency: Suspension of Article 19 and the right to move the court
Non-suspendability of Article 21
SECTION-B
Police Organisation- Significance, Evolution and Practice in India
Central Institutional Mechanism- CBI, BPR&D, CRPF, RPF, CISF, NPA, NICFS,
NCRB, NIA, SSB, Assam Rifles, SSB, CDTS
State Institutional Mechanism- State Level, Range Level, Division Level, District
Level, Local Police Stations, Intelligence Branch, Enforcement Branch, Traffic
Police and Telecommunication
SECTION-C
Prosecution Agency and Court Duties
Forensic Laboratories, Finger Print Bureau, Cyber Cell
Railway Police, Armed Police, Home Guards and Civil defence, Women Police,
Special Police Officers, Vigilance, Fire Services
SECTION-D
Administrative set-up of Police in India- Central Level, State Level, Local Self-
Government Level
Police Academies, Ranks and Badges, Flags and Stars, Capacity Building
Programmes
Internal Problems of Policing
Police and Armed Forces- Interface
Relationship of Police with Judiciary, Civil Society, NGOs

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Suggested Readings:
• Bailey,David, H : The Police and Political Development in India,
• Princeton University Press, New Jersey, 1969
• Gupta , Anandswarup : The Police in British India: 1861-1947, Bureau of
Police Research and Development, New Delhi,2007
• 3.Wilson.O.W and : Police Administration, McGraw Hill Book MacLaren
Roy Company, New York,1972
• Sen,Shankar : Indian Policy Today, Ashish Publishing House, New
Delhi.1994
• Chaturvedi, J.C. : Police administration and Investigation of Crime, Isha
Books, Delhi,2006.
• Dempsey, John S. and : An Introduction to Policing, Thomson-Linda S.
Forest Wadsworth, CA,2005
• Sharma, K.K.: Law and Order Administration, National Book
Organization, New Delhi,1985.
• Srivastava, Aparna : Role of Police in an Changing Society,A.P.H.
Publioshing Corporation, New Delhi,1999.
• Ghosh, S.K. and: Encyclopaedia of Police in India, Volume-I Rustamji,
K.F. Ashish Publishing House New Delhi,1993
• Bharti, Dalbir : Police Evam Log: Donon Ke Adhikar Va Zimmedarian,
A.P.H, Publishing Cor[oration, New Delhi,2007
• Dogra , R.S.D. : Nation Keepers : Central Reserve Police Force, (C.R.P.F. ),
A.P.H. Publishing Corporation New Delhi.2004

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SESSION 2020-21
SEMESTER-II
SUBJECT: COMPARATIVE PUBLIC LAW
PAPER-IX
Theory Paper: 75
Seminar: 25
Objective: The subject will deal with the conceptual and theoretical
foundations of public constitutional law from a comparative perspective. The
dimensions covered i.e. theoretical, methodological and case studies will help
reach a better understanding of the subject. It will cover comparative aspects
pertaining to the essentials of federalism, constitutional judicial review, the
amending power and public safety under the constitution.
SECTION-A
Concept of Public Law and Constitution
Meaning and Scope of Public Law
Significance of Comparative Public Law - Constitutional Law, Administrative
Law and Criminal Law
Public Law and Private Law Divide
Written and Unwritten Constitutions
Constitution, Constitutionalisation & Constitutionality
SECTION-B
Constitutional Federalism, Judicial Review & Rule of Law
General features of a federal system as opposed to a unitary system
Models of Federalism
USA
India
Concept & Origin of Judicial Review
Constitutional Judicial Review
From Marbury to Keshavnanda
Rule of Law: A Comparative Study
USA
UK
India
SECTION-C
Constitutional Amending Powers; Originalism & Constitutionalism
Methods of Amendment
Theory of Constituent Power
Limitations on Amending Power: Comparative Perspective USA & India
Theory of Basic Structure: Origin & Development

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Originalism
Living Constitution
Constitutionalism: Concept, Features and Relation between Constitution and
Constitutionalism
SECTION-D
Separation of Powers: US, India
Montesquieu’s Theory
The relations between organs of the State: A Comparative Study
Public Interest Litigation: US, India
Locus Standi
Judicial Activism
Judicial Accountability
Suggested Readings:
• DD. Basu, Comparative Constitutional Law (2nd ed., Wadhwa, Nagpur)
• M.V. Pylee, Constitutions of the World (Universal, 2006)
• Mahendra P. Singh, Comparative Constitutional Law (Eastern Book
Company, 1989)
• Sudhir Krishna Swamy, Democracy and Constitutionalism in India-A
Study of the Basic Structure Doctrine (Oxford University Press, 2009)
• S.P. Sathe, Fundamental Rights and Amendment of the Indian
Constitution (1968)
• H.M. Seervai, Constitutional Law of India (Universal Publications, 2002)
• H.M. Seervai, The Emergency, Future Safeguards and the Habeas Corpus:
A Criticism (1978)
• Anirudh Prasad, Judicial Power and Judicial Review (Eastern Book
Company, Lucknow)
• John F. McEldowney, Public Law (Sweet & Maxwell, London)
• De Smith’s, Judicial Review (Sweet & Maxwell, London)
• K.C. Wheare, Federal Government (Oxford University Press)
• Wade & Philips, Constitutional Law (Longmans, Green)
• Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional
Law (Oxford University Press, 2009)

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SESSION 2020-21
SEMESTER-II
SUBJECT: FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF
STATE POLICY
PAPER-XIX
Theory Paper: 75
Seminar: 25
Objective: Fundamental Rights and Directive Principle of State Policy as
enumerated in Part III and Part-IV respectively of the Constitution are the two
sides of the same coin. One without the other is incomplete and unfulfilled. The
fundamental rights ensure political democracy while the Directive principles
ensure economic and social democracy. The objective of fundamental rights is
to provide congenial environment for the fullest development of the personality
of Indian citizens. For the fulfillment of this objective, the individual has been
given a good number of freedoms. The objective of Directive Principles of State
Policy is to provide the individual with socio- economic and justice. It is for
these reasons that this topic form such an important part of constitution and
any study would be incomplete without this subject.
SECTION-A
Evolution of Fundamental Rights; Impact of Universal Declaration of Rights
and other Rights
Fundamental Rights, Bill of Rights, Human Rights: Concept and Nature
Definition of State under Article 12 and Implications
Scope of Definition of Law under Article 13: Difference between pre and post
Constitution laws, Doctrine of Eclipse, Doctrine of Severability, Doctrine of
Waiver and Test for infringement of Fundamental Rights
Concept of Basic Structure from Shankari Prasad to I.R. Coehlo
SECTION-B
Doctrine of Classification, Doctrine of Arbitrariness, Doctrine of Legitimate
Expectation and Wednesbury Principle
Relationship between Article 14, 15, 16, 17 & 18.
Protective grounds for Discrimination (Art. 15); Special Provisions for women;
Protective Discrimination in favour of Backward Classes, Scheduled Castes
and Scheduled Tribes
Equality of opportunity in matters of public employment (Art. 16); reservation
and residence in public employment
Prohibition of Untouchability- Protection of Civil Rights Act, 1995
Abolition of Titles

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SECTION-C
Fundamental Freedoms under Art. 19 and reasonable restrictions under Art
19 (2) to (6); reasonableness of restriction; concepts of deprivation and
prohibition
Doctrine of ex-post -facto law; Doctrine of Double Jeopardy; privilege against
self-incrimination; Rights of Accused
Protection of life and personal liberty; Right to education; Safeguards against
ordinary arrest and preventive detention; Right against exploitation
Scope of Freedom of Religion; Cultural and Educational Rights; Minority
Rights
Right to Constitutional Remedies
Rights viv-a-vis Armed Forces; Martial Law
SECTION-D
Relative Significance of Directive Principles of State Policy (DPSP) and
Fundamental Rights
Nature of Directive Principles of State Policy, Justiciability of Directive
Principles of State Policy
Social security and welfare provisions under Directive Principles of State
Policy; economic rights
Directive Principles of State Policy viz-a-v into Fundamental Rights
Fundamental Duties – evolution, relationship between Fundamental Rights
and Duties
Suggested Readings:
• 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

59
SESSION 2020-21
SEMESTER-II
SUBJECT: ADMINISTRATIVE LAW
PAPER-XX
Theory Paper: 75
Seminar: 25
Course Objectives: To examine the conceptual dimensions of Administrative
Law, the legal means for making the Government accountable, review of
governmental action including judicial review and freedom of information
legislation. The expansion in the functions of the state and enormous powers of
the administration has given tremendous capacity to the administration to
affect the rights and liberties of the individual. The present course aims to
explore the important principles and institutions imperative for a good
administration.
Learning Outcomes:
• Developing an understanding of Administrative law as a separate legal
discipline
• Understanding the various liabilities and privileges of the State
• Comprehending the importance of administrative rule making in the
form of delegated legislation
• Appreciating the significance of principles of transparency, natural
justice, accountability and fairness in a good governance administration
• Understanding the relevance of administrative discretion in modern
governance and its controls
SECTION-A
Meaning, Nature and Scope of Administrative Law
Evolution and Development of Administrative Law and its relationship with
Constitutional Law
Separation of Powers – from Rigidity to Flexibility
Rule of Law – Changing Dimensions
Case Laws :
Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
Indira Gandhi v. Raj Narain , AIR 1975 SC 2299

60
SECTION-B
Delegated Legislation – Permissible Limits and Controls
Principles of Natural Justice
Liability of State - Tortious and Contractual Liability
Promissory Estoppel – Constitutional Dimensions
Case Laws:
Re Delhi Laws Act, AIR 1951 SC 332
Maneka Gandhi v. Union of India, (1978) 1SCC 248
SECTION-C
Privilege against Disclosure
Right to Information – Official Secrets and Right to Information Act
Executive Privilege – Security of State and control on information
Judicial Review
Case Laws:
Express Newspapers (Pvt) Ltd. v. Union of India, AIR 1986 SC 872
L. Chandra Kumar v. Union of India and others, AIR 1997 SC 1125
SECTION-D
Ombudsman – Lokpal and Lokayukta institutions
Inquiry Commission – Vigilance Commission
Judicial Inquiries
Public Interest Litigation and its Emerging Dimensions
Case Laws:
Hussainara Khatoon & Ors v Home Secretary, State Of Bihar, AIR 1979 SC
1369
Rupa Ashok Hurra v. Ashok Hurra, AIR 2002 SC 1771

61
Suggested Readings:
• Cann, Steven J, Administrative Law 3rd Ed., 2002
• Kesari, U.P.D, Lectures on Administrative Law, 15th Ed, 2005, Central
Law Agency, Allahabad
• Massey, I.P., Administrative Law, 5th Ed. 2003, Eastern Book Company,
Lucknow
• Stott, David and Felix, Alexandra Principles of Administrative Law,
Cavendish Publications, London, 1997
• Takwani, Thakker, C.K Lectures on Administrative Law, 3rd Ed. 2003,
Eastern Book Company, Lucknow
• Wade and Forsyth, Administrative Law, 9th Ed., 2004, Oxford University
Press,
• Oxford
• Jain, M.P. and Jain, S.N.Principles of Administrative Law, 5th Ed. 2007
Wadhwa and Co. Delhi
• Upadhya , JJR, Administrative Law, Central Law Agency, 7th Ed. (2006)

62
SESSION 2020-21
SEMESTER-II
SUBJECT: ENVIRONMENT LAW
PAPER- P-XXI
Theory Paper: 75
Seminar: 25
Objective: The objective of the course is to create an understanding of
environmental laws and policies, with a focus on the challenges posed by
current environmental issues. Keeping in view the UNEP -Environmental Rule
of Law: First Global Report (2019), the first ever global assessment of
environmental rule of law, the course focuses on the persistent environmental
challenges facing lawmakers and enforcers such as management and sharing
of natural resources and water resources, liability and compensation for
environmental damage and environmental protection.
SECTION-A
The Indian Constitution and Environmental Justice
Environmental Justice: Concept and Scope
Environmental Rule of Law
Environmental Protection and Fundamental Rights, Article 48A and Article 51-
A (g)
Constitutional Remedies and Procedures for Environmental Protection:
i) The Writ Jurisdiction: Expansion of the Scope of writ jurisdiction by
the courts and its Limitations;
ii) Public Interest Litigation : Expansion of the Scope of writ jurisdiction
by the courts and its Limitations;
iii) Class Actions
SECTION-B
Forests Rights and Conservation of Forests and Biodiversity:
I) Forest Conservation and Biodiversity Conservation under the Forest
Rights Act, 2006, Rights of the Forest Dwellers and Scheduled Tribes,
Role of the judiciary in recognizing the Rights and the role of
scheduled tribes and other forest dwellers in forest conservation
II) Forest governance and Role of the local authorities/communities
under
i) The Gram Sabhas under the Forests Rights Act, 2006,

63
ii) the Panchayats under the Panchayats (Extension to Scheduled
Areas) Act, 1996 and
iii) The Biodiversity Management Committees under the Biological
Diversity Act, 2002 in conservation of forests and biodiversity
III) The United Nations Collaborative Programme on Reducing Emissions
from Deforestation and Forest Degradation in Developing Countries
UN-REDD Programme and REDD+
IV) Judicial decisions on issues relating to Mining, Forest Rights and
Forest Conservation
SECTION-C
Liability and Compensation for Environmental Damage:
Liability for Environmental Damage: Principles of Strict Liability and Absolute
Liability and the Indian Judiciary
Corporate Liability for Hazardous accidents/Incidents: A Critical Analysis of
the Bhopal Gas Tragedy and the present legal position in context of relevant
judicial decisions.
Liability for Environmental Damage under the National Green Tribunal Act,
2010, NGT decisions evoking the Polluter Pays Principle for Environmental
damage
SECTION-D
Environment Impact Assessment and Sustainable Development
Environment Impact Assessment : Environment Impact Assessment and Public
Participation ; Judicial Review of Environmental Decision making on grounds
of Procedural impropriety and illegality in context of statutory requirement of
Environmental Clearance of Projects under the EIA Notification, 2006.
Sustainable Development: Concept, the Role of Judiciary in contributing
towards Sustainable Development; Application and development of Emerging
Environmental Principles like Polluter Pays Principle, Precautionary Principle
and Public Trust Doctrine in furtherance of Sustainable Development
Suggested Readings:
• Nishtha Jaswal P S Jaswal , Environmental Law , Allahabad Law
Agency,2017
• David Freestone , Sustainable Development and International
Environmental Law , Edward Elgar, 2018
• P. Leelakrishnan , Environmental Law in India, 4th Edition,Lexis Nexis,
2016

64
• Environmental Justice: Comparative Experiences in Legal Empowerment;
UNDP, 2014
• UNEP -Environmental Rule of Law: First Global Report (2019)
• Daniel Bodansky, Jutta Brunnée, and Ellen Hey, The Oxford Handbook of
International Environmental Law, OUP
• Divan Shyam, Rosencranz Armin, Environmental Law and Policy In India:
Cases, Materials and Statutes; OUP, 2nd Edition, 2002
• Alan E. Boyle, David Freestone; International Law and Sustainable
Development: Past Achievements and Future Challenges, Oxford
University Press
• Birnie, Boyle, and Redgwell's International Law and the Environment,
2012, Clarendon Press, Oxford, England.
• Andrew Jordan, Rüdiger K. W.Wurzel, Anthony R.Zito, New Instruments
of Environmental Governance? National Experiences and Prospects, Frank
Cass Pubications, London, 2003
• Marie-Claire Cordonier Segger, C. G. Weeramantry, Sustainable Justice:
Reconciling Economic, Social and Environmental Law, Martinus Nijhoff,
Boston, 2005
*******************

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