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SEMESTER
I
1.1. Legal Methods
This introductory course aims to familiarise beginners with the methods and materials of law and with the role of law in contemporary society. The course is to prepare the students to think like lawyers about issues. It explores the relevance of the role of law in contemporary society and allows for juxtaposition of the legal process along with the social, economic and political processes in society. The varied perspectives from which questions of law can be approached is demonstrated by an introduction to the various schools of jurisprudence. The course also introduces legal research methodology.
1.2. Law of
Torts
The
law of civil liability has been traditionally understood as the
law of wrongs against individuals or their property. The remedy
for which is damages. In the past, except for some exceptions,
the bulk of litigation has been for the redressal of wrongs
suffered by individuals at the hands of each other. However,
with rapid industrialisation, advances in science and
technology, globalisation and the absence of social
security/insurance, tort litigation has assumed great
significance for the redressal of wrongs committed by private
enterprise, multinational corporations, manufacturers and the
government monopolies. This course examines the Law of Torts in
all its complexity. It familiarises students with the current
legal position, explaining in the process the dominant
intellectual ideas and approaches to the Law of Torts over the
years.
1.3. English
I
Our
colonial past has been in more ways than one held responsible
for alienating common people from the justice delivery system.
The language and rhetoric of legal discourse continue to
tantalise both the legal expert and the lay person. The course
at the outset addresses the nature and scope of
English as the medium of legal discourse in India. Also, through
the workshop method, students are initiated into various
self-training methods of sharpening English communication
skills, particularly for legal transactions.
1.4. History
I
History, as understood
conventionally, is not merely a chronological account of
political events nor a study of . great men. .
History presents the progress of humankind through ages. The
course includes a discussion of different processes which the
world went through from pre-history to the present. In the
evolution of historical processes, socio-economic and cultural
factors play a predominant role. A study of these factors, along
with administrative apparatuses and laws that conditioned and
guided human societies, becomes crucial. The linkages between
various facets of society and legal systems and institutions are
crucial to the study. Through a critical understanding of
cultural heritage, the relevance of present day democratic
structures and their function is explored.
1.5. Political
Science I
State,
sovereignty, law and liberty, political obligation, equality,
constitution, the executive, the legislature, the judiciary and
the theory of separation of powers, are concepts that are
germane to the study of law. This course introduces these basic
concepts to the students.
SEMESTER
II
2.1 Law of
Contracts I
Irrespective of its nature,
the contractual relations of any society are governed by certain
principles which are more or less of a general and basic
nature. In India these general principles are legislatively incorporated in
the Contract Act of 1872. This course acquaints students
with General Principles of Contract, particularly the conceptual
and operational parameters of various general principles
of contractual relations. It introduces students to
the context in which these principles developed and their
judicial interpretation and informs them of the use of
the law in ensuring a "just" order of
contractual relations.
2.2 Sociology
I
This
course offers an interdisciplinary introduction to sociology.
Taking off from a common-sense understanding, the course
encapsulates a brief history of the discipline, its historical
context, and its relevance to the study of Indian society,
focussing specifically on the interface between sociology and
law. Students are introduced to cross cultural, critical texts
on caste, tribe, race, religion and gender, foregrounding the
socio political, and historical contexts within which
stratification systems have evolved, enabling in the process, a
more complex understanding of the social underpinnings of
statutes.
2.3 Family Law
I
Laws
relating to Marriage, Divorce, Custody and Guardianship and
Adoption are rooted in the various religious laws that operate
in Indian society today. This course offers students an
opportunity to understand the historical, social and
constitutional bases of these laws, their commonalities and
differences, through an interdisciplinary curriculum and varied
pedagogic practices. The course also introduces students to new
ways of looking at family law, bringing issues of social
justice, particularly as they relate to practices of
infanticide, dowry, sati, wife battering and other customary
practices within the context of an understanding of family law.
2.4 History: II
India has
inherited an entire administrative and institutional legacy from
the British. This course will situate the development of institutions
like the bureaucracy and the judiciary within the historical
context of the movements for social reform nationalism
and the freedom struggle. Gandhi's radicalism and
the emergence of communal consciousness will be subject of
detailed focus.
2.5 Political
Science II
With the
emergence of a unipolar world and the relentless pressure of globalization
a necessary engagement with international law and relations
is required. This course covers the areas of International
Law, Theory of Balance of Powers, Alliances, Diplomacy,
Cold war, Detente and India. s relations with
neighboring countries etc., broadly the areas of International
Relations that are necessary for an understanding of the working
of the global village.
SEMESTER
III
3.1 Law of
contracts II
This
course will look at the specific ways in which the law relating
to contracts has evolved and the forms that it has taken.
Indemnity, Guarantee Bailment, Agency and Partnership are some
of the Special contracts that will receive detailed examination
in the course.
3.2 Sociology
II
This
course looks at the theoretical and philosophical foundations of
the sociology of jurisprudence and law, and will involve a
detailed treatment of case law over the past century and a half,
looking at the linkages between legal discourse and social
praxix, thus historicizing the development of law and the
engagement of sociology with law.
3.3 Economics
I
This
ideals with the basic principles of microeconomic theory and
elementary theories of macro economics, public finance and
international trade. The course aims to make the student aware
of the approaches of mainstream economics and aids understanding
of theoretical and empirical aspects of the economy. Such an
understanding is required to appreciate the manifold dimensions
of liberalized economic policies in a globalising India.
3.4 Criminal
Law
With
theories of criminalisation and punishment as backdrop this
course examines the definitions, general defences and selected
offences in the Indian Penal code. Sexual offences, domestic
violence, the myths surroundings rape and victim blaming are
specially focused upon. The course with an inter-disciplinary
approach attempts to understand the role of criminal law in
social defence, human development and protection of human
rights.
3.5 Family Law
II
In
the second paper the focus shifts from personal relations to
property relations within the family. To that end laws relating
to the Hindu undivided family, coparcenary and partition are
examined. Also included within the course is a study of laws of
succession, maintenance and matrimonial property.
SEMESTER
IV
4.1 Criminal Law
II
The
rationale of criminal procedure and the importance of fair trial
inform the examination of arrest, pre-trial and trial procedures
under the Code of Criminal Procedure 1973. In recognition of the impact of Criminal
Procedure on human rights the various law reform initiatives are
being specially focused upon.
4.2 English
II
This
course is an exploration of the law in literature, the law of
literature and of the law as literature with a view to sensitise
the students to various social issues and to the spirit of
justice and to promote a critical approach to the law as
enunciated by various English, American, Continental and
Commonwealth writers of both the past and the present.
4.3 Economics
II
The
focus of this course is Law and Economics. Recent developments
in economic theory have led to applications of the economic
approach to a wide range of human behaviour. The Economic
approach to legal decisions is an area that has come up in the
recent years and has been a subject of great interest. Legal
theorists have increasingly drawn on economic analyses in
dealing with legal issues and problems. Mainstream economics on
the other hand has succeeded in incorporating real life
institutions and explaining their role and functioning in
sustaining wealth as well as non-wealth maximisation behaviour
of individuals in society. This course will look at the
interface between law and economics in a global context with a
specific focus on India.
4.4
Property Law
The
course curriculum includes the historical background of property
law in the common law system. It expatiates upon the types of
property, the basic property regimes and the justifications for
them. Property regimes change through both involuntary and
voluntary procedures. To that end a case based study of the Land
Acquisition Act 1894, the Transfer of Property Act, the
Easements Act and the Trusts Act shall be undertaken.
4.5 Law and
Poverty
The
majority of Indian citizens live on the verge of malnutrition.
What do the social sciences- especially economics, sociology,
and political science-have to say about their poverty? What
different kinds of poverty are there? How for instance, can
gender make one poor? What is the plight of bonded labourers,
vagrants and beggars, the handicapped, the mentally ill? How
does the international economic regime affect the poor? What do
international institutions do about it? Is there a jurisprudence
of poverty? What is the practice of poverty law? How does Indian
Law treat the poor? What rights are particularly crucial to the
poor and what difficulties do the poor have in asserting them?
What is the position of the rights to work, to have shelter, to
receive education, to obtain information about programs that are
supposed to benefit one? What laws and procedures could lighten
their burdens? This course entails a consideration of these
vital questions.
SEMESTER
V
5.1 Jurisprudence
I
This
course would primarily induct the students into a realm of
questions concerning law so that they are able to live with
their perplexity or complexity and are driven to seek out
answers for themselves. The course will impart the analytical
skill to do jurisprudence, familiarize one with basic types of
problems concerning law and the types of solutions sought, so
that the student is not only able to use this skill in practice
but is also motivated to take up detailed historical studies on
their own after the course. To that end the course would raise
the following foundational questions: What is a concept? What is
a norm? Why are laws obligatory? And whom does law obligate?
5.2 Constitutional
Law I
This course focuses on fundamental Rights
and Directive Principles of State Policy. It introduces the
student to the abstract and concrete meanings of the Constitution,
kinds of constitution and concepts of constitutionalism. The course
also covers the constitutional and legal history of
India including the constituent Assembly debates. An in-dept
discussion of Definition of state and the
judicial review is followed by a rigorous examination of the Supreme
Court. s exercise of judicial review since 1950.
Leading decisions of the court concerning the relationship between
fundamental rights and directive principles are examined.
An analysis of the steady expansion of fundamental rights
by the court and novel procedural innovations that it
introduced under the auspices of "Social Action
Litigation" beginning in the late seventies
is an integral part of this course. Also included is a brief
overview of the working of the National Human Rights Commission
and its complementary role in protecting the citizen'
s fundamental rights.
5.3 Administrative
Law
The
shift in emphasis from finding what the administration may not
do to what it must do has set encouraging trends in respect of
matters relating to fundamental human liberties. The course will
therefore lay emphasis on understanding the structure and modus
operandi of administration. The course will take note of the
developmental perspective, attainment of social welfare
objectives through bureaucratic process and of matters which
facilitate or hinder the attainment of these objectives. A
critical evaluation of the in reality remedies available for
administrative deviance shall also be undertaken.
5.4 Civil
Procedure Code and the Law of Limitation
After
a short historical survey of the conceptions of civil Procedure
in India before the advent of the British, this course
familiarizes the students with the provisions in the Code of
Civil Procedure with regard to suits, their institution,
pleadings, plaints, appearance and examination, judgment, decree
and execution. Also included are basic principles relating to
the law of limitation.
5.5 Law of
Evidence
After
touching upon the system of evidence in customary law systems
this course focuses upon the law of evidence as incorporated in
the Evidence Act of 1872. This shall include study of the
central conceptions in the evidence law, the relevancy of facts,
admissions and confessions, dying declaration, expert testimony,
oral and documentary evidence, examination and cross examination
of witnesses, burden of proof and estoppel.
SEMESTER
VI
6.1 Jurisprudence
II
The
process of interrogation begun with the first paper shall
continue in this one by proceeding from obligation to authority
by considering the theories of authority. Questions will be
raised on the limits of legislative authority, the reasons for
limits. Also included in the course is an exploration of the
limits of justified coercion and the functions of law.
6.2 Constitutional
Law II
This course begins
with an introduction of the concept of Federalism and the
historical reasons for adoption of a federal form of government in
India. An in-depth analysis of the Legislative, Administrative and
Financial Relations between the union and the states follows.
While an examination of the role of the judiciary is
indispensable to any constitutional Law course and is dealt
with in the first paper on constitutional law, the focus in
this course is on the Supreme Court's power of judicial
review in Inter-State and Centre-State disputes. A detailed
examination of the three types of emergency provided in the
Constitution is also included. The other important topics dealt
with in this course include Amendment of the Constitution and
its implications on the country's federal structure,
executive powers of the President and the Governor and the
techniques of union control over States.
6.3 International
Law
This course
covers the basic principles of public International Law. Students
will receive a thorough grounding in topics including the
nature, origin and basis of international law, its material sources,
theories governing the relation between international law
and state [with special reference to India] and the concept of
State "recognition" and its legal effects. The course
will also focus on the Rights and duties of States, the Law and
Practice as to treaties, and important concepts including State
responsibility for breach of treaty and international
delinquencies and the succession. The course concludes with a
critical overview of the structure and functions of
international institutions including the United Nations and the
International Court of Justice.
6.4 Labour Law
I
In the
wake of the modern welfare state, today's labour is
engaged in a battle for position of honour and status equal with
management. In this context, the study of labour law will focus
on the societal impulses on, the state reactions to the complex
socio-economic, human and political problems arising out of the
constant conflicts between classes. The course will provide an
insight into the mechanics of socio legal control of labour
relations. The students will be exposed to the history, the
present norms, the emerging areas and possible future techniques
of labour jurisprudence.
6.5 Clinic I
(Alternative Dispute Resolution)
In
this clinic the student would be exposed to the non-litigative
lawyering skills of negotiation, counselling and interviewing
and to alternative methods of dispute resolution that is
conciliation, negotiation, mediation and arbitration.
SEMESTER
VII
7.1 Intellectual
Property Law
This
course would have within its conspectus the law relating to
copyright, patents and trademarks. The study would specially
consider the ways in which the laws strike a balance between the
interests and rights of intellectual labourers and organised
industrial enterprises. Also the manner in which this regime of
laws militates against or favours community property in national
cultures.
7.2 Environment
Law
From
an inter disciplinary perspective this course would examine the
meaning of environment, the environment laws relating to
acquisition, production and planning, distribution and
conservation. The function of environment laws and the variant
legal strategies for regulation in the realm of environment
shall also be studied.
7.3 Corporate Law
I
The objectives of the course are to understand
the economic
and legal dimensions of corporations in the process of industrial
development in establishing a "just" social
order. It will provide this understanding in the
context of constitutional values and will acquaint the students
with the normative, interpretative, philosophical and economic contours of
various statutory rules relating to corporations. Finally
it will evaluate the application and functioning of
such statutory rules and assess their role in the
establishment of a "just" and "socialist" order in India.
7.4 Labour Law
II
This second
paper will explore: the state regulation of industrial relations
and the restraints on managerial prerogatives the
remuneration for labour, provisions for health and safety and
protections for weaker sections of the labour community.
7.5 Judicial
Process and Statutory Interpretation
Judicial
power and process loom large over Indian development. The Indian
Judiciary has introduced manifold innovations in the doctrine of
state devises. It has also innovated approaches to
constitutional and statutory interpretation. These styles of
judicial restraint and activism in the realm of constitutional
and statutory interpretations are specially focussed upon in
this course.
SEMESTER
VIII
8.1 Banking &
Finance
This course will introduce
students to the conceptual and operational parameters of banking
law. The course aims at understanding the economic and legal
dimensions of the banking system in the establishment of "just" order. It will engage the
students in a study of the general principles of banking laws in
the context of their development and judicial interpretation and
to develop the appreciative faculties of the students with
regard to statutory law as well as case law in this field.
8.2 Taxation
I
This
course will undertake a detailed study of tax policy and
taxation systems in India. The reasons for the complicated
nature of our tax laws will be analysed. The course will also
provide a comprehensive picture of direct taxation in India.
8.3
Insurance
This course is designed
to acquaint students with the conceptual and operational parameters of
insurance law. The course will involve a study of
the general principles of insurance law in the context of their
development and judicial interpretation, and inform the students
about the use of law for the establishment of a "Just" order in matters relating to various kinds
of insurance.
8.4
Clinic II (Trial & Appellate Advocacy and Drafting Pleading
& Conveyancing)
In
this Clinic training to translate the theoretical knowledge
provided in the procedural papers into practice shall be
provided. To enable students to acquire skills of drafting,
pleading and conveyancing problem solving methods shall be
employed.
8.5 Corporate Law
II
In
the second paper the focus shall be on tracing the progressive
relaxations of government control corporate activity, the laws
relating to corporate finance institutions and the evolving
field of multinational liability.
SEMESTER
IX
9.1 International Trade Law
This course will focus on the interaction between international legal conventions and the India legal system in the field of international sales, transportation, international financing and settlement of commercial disputes.
9.2 Taxation
II
The
indirect tax law regime of excise and customs shall be the focus
of study in this course. Other than a case based analysis of the
legislations related to central excise and customs the various
reform initiatives in this field shall also be studied.
9.3 Clinic III
(Legal aid and Para Legal Services)
In
this clinic students would be trained to provide legal services
and obtain legal aid for groups and individuals who are entitled
to it.
9.4
Seminar Course I
9.5
Seminar Course II
SEMESTER
X
10.1
Human Rights, International Humanitarian Law & Refugee Law
In
this course the international law developments aimed to protect
the individual person are taught. The course shall include an intensive
study of international instruments, relating to human rights,
humanization of warfare and refugees.
10.2
Consumer Laws
The era of Globalisation and the liberal economie s demand for the protection of consumers. The course encourages the students to learn about the contemporary trade practices and the role law can play in effectively balancing the conflicting interests.
10.3 Private
International Law
Shrinking
international boundaries has increased the interactions between
individuals, across countries and consequently enhanced the
importance of private international law principles. The course
would deal with issues of: choice of jurisdiction, choice of
law, domicile and the private international law principles
affecting marriage, contracts, property and succession.
10.4 Clinic IV
(Court attendance, diary & Professional Ethics)
This
clinic is geared towards familiarising the students with court
practice and procedure through court attendance. With this
first hand encounter of court practice, issues and concerns of
professional ethics shall be dealt with.
10.5
Seminar Course III
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