T1534-Indian Legal System and Legal Methods

Symbiosis Law School, Pune
Course Title: Indian Legal System and Legal Methods

Course Code:T1534
Number of Credits: 2
Level: 4
Learning Objective:
1. To build students understanding in relation to primary governing principles of Indian
Legal System as a whole.
2. To enable them to understand the foundation and basic working of each wing of the
government and their hierarchical authority.
3. To inculcate the importance of having alternate dispute resolution mechanism.
4. To introduce them to the basic methods of legal research.
Learning Outcome (s):

1. Students will be able to build their understanding of other subjects on the basis of
knowledge acquired here.
2. Students will be able to understand jurisprudential base and evolution of certain
complex phenomenon.
3. Students will be able to make use of the research methodologies in publishing articles
in known national and international journals.
Pre-learning:
1. None
2. To have read suggested reading as per session plan and other resources such as films,
documentary, as provided by the course instructor
Course Outline
Sr.No. Topics Hours
1 Concept of law 10
1
1.1. Meaning and Definitions of law
1.2. Classification of law
1.3. Sources of law
1.4. Purpose of law: Concepts of morality, justice, equality and
equity, social interests, stability and peaceful change
2 Indian legal system 10
1.1. Introduction to the global legal systems

1.2. Indian legal history
1.3. Governance structure in India: Concept of Separation of
powers
1.4. Rule of law
1.5. Constitution of India and Indian judicial structure: powers,
and jurisdiction
1.6. Forms of Legislation: Statutes, Ordinances, Delegated
Legislation etc.
1.7. Parliamentary process of law making
1.8. Approach to the Interpretation of statutes and use of
Precedents
1.9. Alternative Dispute Resolution mechanism
1.10. Legal Aid and Paralegal Mechanism
3 Legal methods and Research 10
1.1. Meaning and significance of Legal Research

1.2. Techniques of Legal Research
1.3. Sources of Legal Research (primary, secondary/ web-based
etc.)
1.4. Use of IRAC methods, citations, etc.
1.5. Legal writings/ drafting
4 Self-Learning including projects, presentations, moot courts, 10

simulation, exercises, film review, news review, field visit,
experiential learning, guest lectures
30
Total
Pedagogy:
1. lecture
2. Discussion
2
3. self study
4. projects
Books Recommended:
● Guide to International Legal Research, 2018 Edition Perfect Paperback, by The George
Washington International Law Review, LEXISNEXIS, 2018 edition, 12 Sep 2018.
● Emily Finch and Stephen Fafinski, Legal Skills, Oxford Press, 6th Revised edition, 2017.
● James Holland, Learning Legal Rules, Oxford Press, 9th Revised edition, 2016.
● Mahajan V.D., Jurisprudence & Legal Theory, Eastern Book Co., Lucknow (2011)
● Gandhi B.M. and Kulshreshtha V.D., Landmarks in Indian Legal and Constitutional
History, Lucknow, Eastern Book Company, 2011.
● H.LA. Hart, The Concept of Law, New Delhi/ Oxford University Press, 2011.
● Fitzgerald P.J., Salmond on Jurisprudence, Universal Law Publishing Co. Pvt. Ltd.,
Delhi, 2010.
● Putman William H.: Legal Research, Analysis and Writing, New York/Delmar Cengage
Learning, 2010.
● Alexy Robert, Argument from Injustice: A Reply to Legal Positivism, New York/ Oxford
University Press, 2010.
● Denning Alfred, Changing Law, New Delhi/Universal Law Publishing Co. Pvt. Ltd.,
2010.
● Friedmann W., Law and Social Change, Universal Law Publishing Co. Pvt. Ltd., Delhi,
2010
● K. Sarkar, Salmond’s Jurisprudence, LexisNexis Butterworths Wadhwa Nagpur, 2009.
● Jain M.P., Outlines of Indian Legal and Constitutional History, New Delhi/LexisNexis
Butterworths Wadhwa Nagpur, 2009.
● Amartya Sen, The Idea of Justice, Penguin Allen Lane, 2009.
● Allen C.K., Aspects of Justice, Universal Law Publishing Co. Pvt. Ltd., Delhi , 2009.
● Raz Joseph, Authority of Law: Essays on Law & Morality, New York/ Oxford University
Press, 2009.
● Friedmann W., Law in a Changing Society, Universal Law Publishing Co. Pvt. Ltd.,
Delhi, 2008
● Glanville Willaims, Learning the Law, 11th Edition, 2007.
● Holland and Webb, Learning Legal Rules: A Student's Guide to Legal Method and
Reasoning, Oxford University Press, 2006.
3
● Legal Services Authorities Act, 1987
● The Blue Book: A Uniform System of Citation (18th Edition, 2005)
● Twining William and Miers Davis, How to do Things with Rules, London/Weidenfeld
and Nicolson, (1976)
Articles:
● SCHULZE, J. (2018). The Indigenous Race Is Abandoned: Indian Policies. (pp. 58-
78). Chapel Hill: University of North Carolina Press. Retrieved from
http://www.jstor.org/stable/10.5149/9781469637136_schulze.5
● Aggarwal, A. (1959). LEGAL EDUCATION IN INDIA. Journal of Legal
Education, 12(2), 231-248. Retrieved from http://www.jstor.org/stable/42891345
● Entanglements in Legal History.: Introductory Remarks. (2014). In DUVE T.
(Ed.), Entanglements in Legal History: Conceptual Approaches (pp. 3-26). Frankfurt
am Main: Max Planck Institute for European Legal History. Retrieved from
http://www.jstor.org/stable/j.ctvqhtwr.3
Suggested Assessment/ Evaluation Methods:

1. Group Discussion
2. Crossword Puzzle
3. Test
4. Group Presentations
5. Moot Court
6. Projects

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Symbiosis Law School, Pune

Course Title: Indian Legal System and Legal Methods

Learning Outcome (s):

Sr.No. Topics Hours

2 Indian legal system 10

1.1. Introduction to the global legal systems

3 Legal methods and Research 10

1.1. Meaning and significance of Legal Research

4 Self-Learning including projects, presentations, moot courts, 10

● The Blue Book: A Uniform System of Citation (18th Edition, 2005)

Suggested Assessment/ Evaluation Methods:

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