LL.M. Part-I Examination
- Nature of Jurisprudence, Socialist Jurisprudence
- A critical survey of classical legal theories, schools, sociology of law and law and society.
- Sources of law, Theories of Justice, Concept of law, Contemporary legal theories, Marxian and Marxist Theory of Law.
- Theories of Rights, Rights and Duties, Ownership and Possession, The functions of Law in Economics, Theories of Justice and Economic Thought.
- Liability, negligence and obligation.
- Comparative Jurisprudence, Comparative Legal System.
|Upendra Baxi Marx||Legal Theory|
|Hugh Collins||Marxism and Law|
|O. Bihari||Constitutional Models of Socialist Organisation (1979)|
|C.K. Allen||Law in the Marking|
|Jennings||Modern Theories of Law|
|H. Kelsen||What is Justice?|
|Stone||The Province and Function of Law Social Dimension and Justice|
|Upendra Baxi||The Crisis of the Indian Legal System|
|M. Cranston||What are Human Rights?|
|J. Finnies||Natural Law and Natural Rights|
|Meton J. Horowitz||The Transformation and America Law|
|S.F.C. Milson||Historical Foundations of the Common Law|
|Upendra Baxi||Law and Poverty and Legislative|
|Hart||Concept of Law|
Paper LL.M. -402
Indian Leal History and Constitution Law (India & U.K)
- 1. The Rise and Growth of East India Company. Comparative Colonial Incursion. Civil Law in India. Early Period of Legal. Legal History of India (before and after 1773).
2. The Impact of Emerging Economic Structures on “Personal Law Systems”. Establishment of High Courts and Supreme Court of India. Labour exploitation, Nascent Capitalism and the Nationalist Movement.
3. Approaches to Law and Justice during the Nationalist Struggle, Mohondas Karamchand Gandhi’s theory of State, Political and Legal obligation.
4. Nature and Scope of Constitution, Various type of Constitution, Constitutionalism, Pluralism and Federalism.
5. Fundamental Rights and Directive Principles, Centre- State Financial Relations- Judiciary, the Indian Judicial Process, Law, Language and Conflict.
6. Executive and Emergency Provisions, Constitutional Amendments with Case Laws, Law Reform proposals.
|Upendra Baxi||: Towards A Sociology of Indian Law.|
|Bipanchandra||: Rice and Growth of Economic Nationalism in India.|
|T. Pathan||: Political Thought in Modern Indian.|
|Upendra Baxi||: The Crisis of the India Legal System.|
|M.P. Jain||: Indian Legal History.|
|M.P. Jain||: Indian Constitutional Law.|
|H.M. Seervai||: Constitutional Law of India, I, II and III.|
|Basu||: Commentary on the Constitution of India.|
|Austin||:Indian Constitution Corner of Stone of Nation.|
|Upendra Baxi||: The Indian Supreme Court and Politics.|
|Upendra Baxi||: Courage, Craft and Contention.|
|J.S. Mill||: On Liberty.|
|Dicey||: Law of the Constitution.|
|Wade & Phillips||: Constitution Law.|
|Wheare||: Modern Constitutions.|
|V.N. Shukla||: Constitution of India.|
|K.C. Wheare||: Federal Government.|
|Marshal||: Parliamentary Sovereignty and Commonwealth.|
|Hood Phillips||: The Constitutional Law of Great Britain and Commonwealth.|
|Renkin||: Background of Indian Law.|
|A. Gledhil||: The Republic of India.|
Paper LL.M. – 403
Principles of Legislation and Interpretation of Statutes
- Law and Public Opinion. Law and Social Change in India. Object of Civil and Criminal Legislation, anticipated goals and Obstacles. Correlation between public opinion and legislative formulation.
- Judicial Legislation and Codification of Laws.
- Legislative Drafting: Principles and Methods.
Judicial Process: Nature and Scope.
- Interpretation of Statutes: Basic Principles & Guiding Rules : Internal and External Aids to Construction.
- Subsidiary Rules:
- Same Word same meaning;
- Rules of Last Antecedent;
- Non Obstante Clause;
- Mandatory and Directory Provisions;
- Rules of Ejusdem Genesis;
- Maxims of Interpretation.
- Some major problems and trends in legislative formulation in a modern Welfare State; Prospective and Retrospective Operation of Statutes. The General Clauses Act. (X of 1897).
|W. Friedmann||: Law in a Changing Society.|
|J. Bentham||: Principles of Legislation.|
|Julius Stone||: Social Dimensions of Law and Justice.|
|C.K. Alen||: Law in the Making|
|A.V. Dicey||: Law & Public Opinion in England.|
|Upendra Baxi||: Principles of Legislation.|
|P.B. Gajendragadkar||: Law, Liberty & Social Justice.|
|Swarup||: Legislation & Interpretation.|
|Bindra||: Interpretation of Statutes.|
|P.M. Bakhi||: Legislative Drawing.|
|V.P. Sarathi||: Interpretation of Statutes.|
|Upendra Baxi||: Directive Principles & Sociology of Law|
|M. Hidayatullah||: Democracy in India and Judicial Process.|
|The General Clauses Act (X of 1897)|
Paper LL.M. – 404
- Nature and Scope of Administrative Law. Development and Importance, Rule of Law, Seperation of Power; |Classification of Administration Power.
- Delegated Legislation – its control and Constitutional limits.
- Principles of Natural Justice, Absence of Bias, Audi alteram Partem, reasoned decision, Institutional decision.
- Judicial review of Administrative action and Legislation and Administrative discretion. Law of writs and Constitutional Protection to Public – servants, Judicial review of service matters, Jurisdiction of the Supreme Court and High Courts.
- Administrative adjudication : Judicial Control of Tribunal , State Liability.
- Ombudsman, Lokpal.
|N. Narayanan Nair||: The Civil Servant under the Law and the Constitution.|
|K. Goyal||: Administrative Tribunals Act. (1985)|
|Douglass Vass||: The Public Service in Modern Society.|
|M.P. Jain & S.N. Jain||: Principles of Administrative Law.|
|D.D. Basu||: Comparative Administrative Law.|
|Indian Law Institute||: Cases and Materials on Indian Administrative Law.|
|Indian Law Institute||: Delegated Legislation.|
|Wade and Philip||: Constitutional and Administrative Law.|
|Indian Law Institute||: Judicial Review through Writ Petitions.|
|I.P. Massey||: Administrative Law.|
|Chaudhury||: Law of Writs.|
|M. Ibohal Singh||: Principles of India Administrative Law.|
Paper LL.M.- 405
Legal Research and Methodology
- Concepts of Research ; Scientific Methods : Science, Theory of facts, purpose of Social Science Research
- Scope of Legal Research Design.
- Hypothesis and Research Design:
- Definition of Hypothesis, Formulation of Good Hypothesis and its sources
- Steps in the preparation of Research Design.
- Sampling Techniques,
- Uses and Advantage in Research,
- Random Sampling,
- Simple Sampling,
- Simple Random,
- Stratified Random,
- Systematic Random,
- Non- Random Sampling,
- Haphazard, Availability and Purpose.
- Research Tools : Observation, Interview, Questionnaires and Survey.
- Case study, Content analysis, Data processing and analysis and research Report.
Selected Bibliography :
|Robert K. Merton||: Social Theory and Social Structure (1957).|
|Upendra Baxi||: Indian Supreme Court and Politics (1985).|
|Pauline V. Young||: Scientific Social Survey and Research.|
|William J. Goode & Paul K. Hatt||: Methods in Social Research.|
|Madge John||: Tools of Social Science.|
|Parten M.B.||Survey, Pools and Samples.|
|Toothi N.A.||: Methods of Social Research.|
|Morris L. Cohen||: Legal Research in Nutshell.|
|Indian Law Institute||: Legal Research and Methodology (Special issue).|
LL.M. PART II EXAMINATION
Specialization I, (International Law)
Public International Law.
- General Principles of Public International Law.
- State Responsibility, Recognition and State Succession.
- Nationality, Extradition, Asylum, Diplomatic and Consular, Immunities and Sovereign Immunities
- Law of Seas, Sea-Bed, Ocean Floor, and Air Space.
- Law of Treaties and Treaty Law of India.
- Settlement of international Disputes, Use of Force and International Law.
|Oppenhein||: International Law.|
|Max Sorensen||: Manual of Public International Law.|
|O’ Connel||: International Law.|
|Stone||: Legal Control of International Conflicts.|
|Friendmann||: The Changing Structure of International Law.|
|R.P. Anandi||: Law of the Sea Caracas and Beyond (1978)|
|R.P. Anandi||: Legal Regime of the Sea Bed and the Developing Countries.|
|G. Tunkin||: Theory of International Law.|
|J.N. Singh||: Use of Force under international Law.|
|Nagenddra Singh||: India and International Law.|
|S.K. Agrawal||: International law.|
Paper- LL.M.- 512
Private International Law
- Definition, Nature and Scope of Private International Law.
- General Principles of Law Relating to Jurisdiction and Classification.
- Family Law.
- Law of Property and Obligation.
- Foreign Judgments Recognition.
|G.C. Cheshire||: Private International Law.|
|Dicey||: Conflict of Law.|
|Foote||: A concise Treaties on Private International Law.|
|Wolfe||: Private International Law.|
|Morries||: Cases on Private International Law.|
|Paras Diwan||: English and Indian Private International Law.|
|For Indian||: Indian Year Book of International Affairs/
Indian Journal of International Law.
- Evolution of International Organization: The Concert of Europe. The League of Nations and the United Nations.
- United Nations as a Constitutional and Political System. Organ and their Function: Law of Creating Processes including Resolutions and Declarations of the General Assembly and Specialized agencies. Financing and Problems of financial crisis; Amendment Process Secretary General of the United Nations.
- The Political Process. Blocks and Alliances; India and the United Nations.
- Peace – Keeping.
U.N. Peace – Keeping Function: U.N. Peace- Keeping Force-Case Studies Problems of Peace –Enforcement through the U.N.
- International Court of Justice : Dispute Settlement machinery of the United Nations.
|D.W. Bowett||: Law of International Institutions.|
|Leland M. Goodrich||: Charter of the United Nations.|
|Leland M. Goodrich||: United Nations in a Changing World.|
|Hans Kelsen||: Law of the United Nations.|
|D.W. Bowett||: United Nations Forces; a Legal Study.|
|Wright||: International Law and United Nations.|
|Cheever & Haviland||: Organizing for peace. Cambridge Jurisdiction.|
|Cambridge||: Essays in International Law.|
|: Essays in International Law.||: Cases on United Nations Law.|
|M.S. Ranjan||: United Nations and Domestic Jurisdiction.|
Law of Human Rights.
- Panoramic View of Human Rights. Historical, Philosophical and Legal Concept of Human Rights. Human Rights in Non-Western Though: Awareness of Human Rights during the Nationalist Movement.
- International Human Rights Norms and Standards, Universal Declaration of Human Right: U.N. Government on Human Rights. Human Rights and Conventional International Law.
- Human Rights in Indian Law. The Dichotomy of Fundamental Rights and Directive Principles in the Indian Constitution. The Interactive Between Fundamental Rights and Directive Principles. Right not be Subject to Torture, Inhuman or Cruel Treatment.
- Minority Rights :
Schedule Caste: Schedule tribes, Women and Children, Bonded Labours and Refugees, Scope of Protection.
- Modalities for the Protection of Human Rights, Reporting; Free Press- its Role in Protecting Human Rights, Right to Due Process of Law, Public Interest Litigation, Legal Aid, People’s Participation in Protection of Human Rights.
- Conventions of Human Rights. European Commission / Court of Human Rights ; Minorities Commission; Human Rights Commission ; Remedies Against Violation of Human Rights.
|Upendra Baxi||: The Right to be Human. The Crisis of the Indian Legal System.|
|F.Kazmi||: Human Rights.|
|L. Levin||: Human Rights.|
|Justice V.R. Krishna lyer||: Human Rights and the Law.|
|Durga Das Basu||: Human Rights in Constitutional Law.|
|H. Beddard||: Human Rights and Europe.|
|S.C. Khare||: Human Rights and United Nations.|
|Upendra Baxi||: Human Rights in the Administration of Criminal Justice.|
|E. Lauterpacht||: International Law & Human Rights.|
|Nagenddra Singh||: Human Rights and International Co-operation.|
|J.A. Andrews||: Human Rights in Criminal Procedure|
|E. Robertson||: Human Rights in the World.|
- The Meaning of Environment. Nature and Scope. Theories of Development, Subjects matter of Environmental Law.
- Types of Environmental Laws; Forest Laws, Tenancy Laws, Land Development and Reforms Law, Industrial and Factory Laws, Essential Commodities Laws, Conservation of forest, Wild Life and Energy Laws, Protection against Pollution Laws, Protection against Hazardous.
- The Judicial Responses to the protection of Environment through Courts Direction, Issues of Distributive justice ( The Constitutional Principles- e.g. Art 399- International Conventions and Treaties.)
- Natural Rights Theories :Right to life, right to livelihood, right to reside, right to
development. The Right to future generations.
- Ecologically Sustainable Legal Strategies. Destruction of Wild Life due to Hydro-Electric and Irrigation Projects and the Legal Framework for its Protection. Legal Protection of inland water resources and marine. Wild life alternative legal strategies, legal framework for protection and development of Sanctuaries. Parks, Zoos and environment.
- Public Interest Litigation, people participation in the promotion and protection of environment.
|Baden- Powell||: The land System of India.|
|D. Tewari||: Forestry in National Developments.|
|V. Sharma||: Water Resource Planning and Management.|
|Alice Jacab and Sheo Narain Singh||: Law Relating to Irrigation.
: Indian Law Institutes Series (Relevant Portions).
|A.Agarwal (ed)||: The State of India’s Environment, :The Second Citizens Report’s (1985)|
|Chhatrapati Sing||: Wasteland Development and the Law (1986).|
|Khanna G.N.||: Problem of Human Environment.|
|Iyer Krishna V.R.|| : Environment Pollution and the Law.
Indore : Vedpal Law House, 1984.
|Cool N.M.||: Industries and Pollution Control|
Specialization II (Law of Crimes)
General Principles of Criminal Law
- History and Development of criminal law; definition of criminal law, classification of; offences ; justification of punishment.
- Elements of crime: Actus reus and mens rea; intention and negligence; malice;
- Stage of crime; contemptation; Preparation Attempt and commission
- Preliminary crimes: incitement, criminal conspiracy and attempt
- Parties to crime: Strict liability, vicarious liability, corporation and exception to strict liability.
|Glanville Williams||:Criminal Law (General Part) Kenny’s Outlines of Criminal Law
(Edition by J.W.C. Turner).
|Nigam R.C.||:Law of Crimes in India Vol-1.|
|Cross Junes||:Criminal Law.|
|Hall||:General Principles of Criminal Law.|
|Bhatt||:Essays on Criminal Law 1971.|
|Jerome||:General principles of criminal Law.|
|Fitz Grald||:Criminal Law and punishment.|
|Smith and Hagan||:Criminal Law.|
Law of Crimes
- The nature and application of the Indian Penal Code, General explanations and punishment.
- Offences against the person; Homicide; Hurt; Wrongful restraint and confinement; criminal force and assault; kidnapping and sexual offences.
- Offences against the property; Theft, extortion; Robbery and decoity; Criminal misappropriation; Criminal breach of trust; Cheating; mischief and criminal trespass.
- Offences against the marriage; Criminal intimidation; insult and annoyances and defamation.
- Offences against the state: Offences against the public tranquillity; offences by or relating to public servants; contempt of the lawful authority of public servants and offence of false evidence and offence against public justice.
- General defences: Excusable and justifiable.
|Rantanlal and Dhirajlal||:Law of Crimes.|
|Hari Singh Gour||:Penal Law of India.|
|Indian Law Institute||:Essays on I.P.C.|
|Nigam R.C.||:Law of Crime in India, Vol-1.|
|Galnville Williams||:Criminal Law (General Part).|
|Kenny’s||:Outlines of Criminal Law (Edition by J.W.C. Tunor).|
- Punitive Politics: Historical Evolution and Modern Theories and Trend.
- Punishment : Theories of Punishment; |Capital Punishment; Modern form of Punishment and their justifications.
- Special jurisdiction and Agencies for Specific Division; Viz, juvenile Court, Remand Homes; Correctional Institutions.
- Juvenile Delinquency; Cause; Legal and Extra- Legal Measures.
- Police system: Organisation, Crime Control and its other roles.
- Prison : Evolution and Modern Experimnets; Pre-Trail Ddetention and Release, Parole, Prison Systems.
|Upendra Baxi||:The Crisis of the Indian Legal System(1982)|
|S. Chhabra||:The Quantum of Punishment in Criminal Law (1970)|
|H.L.A. Hart||:Punishment and Responsibility (1968)|
|Law Commission of Indian||:Forty Second Report.|
|Myron Weiner||:The Child and State in India(1990)|
|Vidya Bhushan||:Prison System in India.|
|Robinson Sophia||:Juvenile Delinquency: Its nature and Control|
|S.D. Gokale||:Impact of Institutions of Juvenile Delinquents.|
- Scope, Perspective and Object of Criminology, Legal & Sociological Concepts of Crime, Conception of Cause of Crime.
- Crime and Criminal Law; Lambroso Theories; Frustration Aggression Theories.
- Instinct Theories: Psycho analytical theories, Anomic, Culture, Transmission theories.
- Marxian and Socialist Approaches: Bonger “Conflict” Criminology Social Relations and Cause of Crimes.
- Criminal Personality and Habitual offenders.
- Organized Crimes; White Collar Crimes; Problem of While Collar Crime in India.
|G. Avensedy||:The Principles of Criminology (1984)|
|Frank Pearce||:Crimes of the Powerful; Marxism.|
|Michael Phillipson||:Sociological Aspects of Crime and Deviance (1917)|
|Upendra Baxi||:Law and Poverty; Essays (1980)|
|T. Honderich||:Violence for Equality (1980)|
|Upendra Baxi||:Marx, Law and Justice|
Comparative Criminal Procedures and Evidences
- Court: Power and Jurisdiction.
- Arrest: Search and Bail.
- Trail and Jury.
- Principles of the Law of Evidence; Admissibility of Evidence.
- Fact; Proof; and Burden Proof.
- Documents and Witnesses.
|Warton||:Criminal Law and Procedure.|
|Rantanlal||:Code or Criminal Procedure.|
|Ratanlal & Dhirajlal||:Law of Evidence.|