School of Law and Governance

BALAW1001C04 LEGAL METHODS L T P C

Version1.2 4 0 0 4
Pre-requisites//Exposure Legal Aptitude, Basics of Constitutional Law,
co-requisites Forms of Government, Administrative Law, Judicial Decisions
Semester I
Programme B.A.LL.B. (H)

Course Description

This course seeks to enable first year students to understand how to study law. It facilitate them
in identifying, examining the various tools of the legal studies. It develops analytical capacity
and introduces them with types of research issues in any area of law. It is a bridge course
designed to equip students with the basic skills and information necessary to navigate the law
related courses and activities during their law school life and later.

Course Objectives

Specific objects of the course are as follows:

• To have an elementary understanding of the debates around the nature of law.

• To be able to distinguish between the major kinds of law, legal system and institution.

• Know the structure of the legal institutions and the hierarchy of courts in India.

• To acquire the ability to identify legal issues and principles underlying any given factual
situations, and to undertake and present research on such issues. To know the various
sources of law and be able to synthesize such sources and use them to formulate
argument in their research.

• To be familiar with legal research sources and tools and basic techniques of legal and
logical reasoning and be able to write clearly and succinctly, tailoring their writing to
their audience and their purpose.

Course Outcome:

Pedagogy
 School of Law and Governance

A various learning methods will be used which will emphasize a cooperative learning format.
Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods include:
• Class Room Discussion
• Lecture Method
• Presentations
• Case Studies
• Projects
• Court Room Exercise
• Problem method

Evaluation Scheme:
• 30% - Continuous Internal Assessment (Formative in nature but also contributing to the
final grades).
• 70% - End Term External Examination (University Examination).

Course Contents:

MODULE-1: Meaning and classification of Laws

➢ Meaning and definition of law;

➢ Functions of law;
➢ Classification of laws: Public and Private law, Substantive and procedural law, &
Municipal and International law.

Suggested Readings:

1. H.L.A. Hart, The Concept of Law, Chapters VI & IX (1961);

2. Lon. L. Fuller, Anatomy of Law, Part Two (1976);

3. R.W.M. Dias, Jurisprudence (5th ed. 1994);

 School of Law and Governance

4. Joseph Minattur, “Introduction” in Joseph Minattur (ed.), Indian Legal System, vii – xiv (2nd
ed., 2006);

5. V.S. Deshpande, “Nature of the Indian Legal System” in Joseph Minattur, op cit.;

6. N.R.M. Menon, “Our Legal System”, Legal Aid Newsletter, November 1982.

7. R. David & J.E.C Brierley, Major Legal Systems of the World Today 17-31, 484-515 (3rd ed.
1985).

8. Mani Tripathy, Jurisprudence, Allahabad Law Agency, Allahabad

MODULE -2: Sources of law

➢ Custom,
➢ Precedent,
➢ Legislation.

Suggested Readings:

1. R.W.M. Dias, Jurisprudence (5th ed. 1994);

2. M.P Jain., “Custom as a Source of Law in India”, 3 Jaipur Law Journal 96 (1963);

3. I. C. Saxena, “The Doctrine of Precedent in India”, 3 Jaipur Law Journal 188 (1963);

4. Rupert Cross and J.W. Harris, Precedent in English Law (4th ed., 1991);

5. Glanville Williams, Learning the Law 67-96 (11th ed., 2003);

6. G.W. Paton and David P. Derham, A Textbook of Jurisprudence, Chapter VI (4th ed., 2004);

7. A. Lakshminath, Judicial Process: Precedent in Indian Law (3rd ed., 2009);

8. NomitaAggarwal- Jurisprudence (Legal Theory);

9. Relevant cases on the above topics.

MODULE -3: Basic concepts of Indian Legal System

➢ Nature and functions of Legal systems: civil law & common law;
➢ Constitution as basic law;
 School of Law and Governance

➢ Rule of law;
➢ Separation of powers;
➢ Judicial system in India

Suggested Readings:

1. W. Friedman, op. cit, pp. 500-512

2. J. S. Verma, “50 years of Freedom under Rule of Law : Indian Experience”, 4-7 Law and
Justice 83 (2000);

3. UpendraBaxi, “The Rule of Law in India”, 4 International Journal of Human Rights 6-25
(2007) [available at www.surjournal.org]

4. M.N. Venkatachaliah, “Rule of Law: Contemporary Challenges”, 45 Indian Journal of Public

Administration 321 (1999) ;

5. H.M. Seervai, “Rule of Law” in The Position of the Indian Judiciary under the Constitution of
India 83-96 (1970);

6. J.N. Pandey; Indian Constitution; Central Law Agency, Allahabad

7. AV Dicey, “Rule of Law”- Constitutional Law, 1885.

MODULE -4: Introduction to the various schools of law (Only basic concepts)

➢ Natural schools;
➢ Analytical schools;
➢ Historical schools;
➢ Realistic School

Suggested Readings:

1. R.W.M. Dias, Jurisprudence (5th ed. 1994);

2. M.P Jain., “Custom as a Source of Law in India”, 3 Jaipur Law Journal 96 (1963);

3. I. C. Saxena, “The Doctrine of Precedent in India”, 3 Jaipur Law Journal 188 (1963);

4. Rupert Cross and J.W. Harris, Precedent in English Law (4th ed., 1991);
 School of Law and Governance

5. Glanville Williams, Learning the Law 67-96 (11th ed., 2003);

6. G.W. Paton and David P. Derham, A Textbook of Jurisprudence, Chapter VI (4th ed., 2004);

7. A. Lakshminath, Judicial Process: Precedent in Indian Law (3rd ed., 2009);

8. NomitaAggarwal- Jurisprudence (Legal Theory);

9. B.N.M. Tripathi- An introduction to the Jurisprudence and Legal Theory.

MODULE -5: Nyaya Panchayets, LokAdalats and Legal Aid

➢ The constitution of India ( only the relevant provisions);

➢ The Legal Services Authorities Act, 1987;
➢ The Gram Nyayalayas Act, 2008(No. 4 of 2009).

Suggested Readings:

1. The Legal Services Authorities Act, 1987, Chapters VI and VIA;

2. The Gram Nyayalayas Act, 2008 (No. 4 of 2009)

3. H.M. Seervai, “Rule of Law” in The Position of the Indian Judiciary under the Constitution of
India 83-96 (1970);

4. J.N. Pandey; Indian Constitution;

5. M.P. Jain, Indian Constitution;

6. R Swaroop, Legal Aid & LokAdalat 5-43 (2003) ;

7. U. Baxi, The Crisis of Indian Legal System 295-327 (1982);

5. N.R. Madhava Menon, “Settlement in the Open”,

www.telegraphindia.com/archive/1001212/editoria.htm

6. A. K. Agarwal, “Strengthening 'LokAdalat' Movement in India”,

AIR 2006 Journal 33;

8. R.C. Chopra, “Legal Aid Movement in India: It’s Development and

 School of Law and Governance

Present Status”, http://causelists.nic.in/nalsa;

9. Reports of Law Commission of India on Panchayats and Gram Nyayalaya [14th Report (1958)
and 114th Report (1986)]

http://lawcommissionofindia.nic.in

10. J. S. Bisht, “LokAdalat : A Mechanism of Alternate Dispute Resolution”, XXXI Indian Bar
Review 165 (2004);

MODULE-6: Legal Writing and Research Work

➢ Different legal teaching-learning methods or processes: Lecture Method, Case Study

Method, Problem Method & Seminar Method(basic idea);
➢ Statutory Reports, Journals, Manuals, Digests etc.
➢ Importance of legal research;
➢ Techniques of legal research;
➢ Legal Writings and citations.
➢ Some Legal maxims & Latin terms.

Suggested Readings:

1. Glanville Williams, Learning the Law 67-96 (11th ed., 2003);

2. Legal Language in India, Dr.Anirudh Prasad.
3. Legal Research Methodology, ILI publication;
4. Legal Research Methodology, S.R. Myneni.

CASE STUDY:

1. Raj Kishore Jha vs. State of Bihar, AIR 2003 S.C.4664;

2. Commissioner of Income Tax, Hyderabad vs. P.J. Chemicals, 1994Suppl.(3)SCC 535;
3. Air India vs. Nargis Mirza, AIR 1981 SC1829;
4. Gita Hariharan vs. RBI, AIR1999 SC 1149;
5. Neera Mathur vs. LIC, 1992(1)SCC 286;
6. D.K.Basu vs. State of W.B.1997(1)SCC417;
7. Dwarika Prasad Agarwal vs. B.D. Agarwal AIR 2003S.C. 2686;
 School of Law and Governance

8. Commissioner of wealth tax, Meerut vs. Sharvan kumar swarup & sons, 1994(6)
SCC623;Peoples Union for civil liberties vs. Union of India, 1997(1)SCC301;
9. R.K.Tangkhul vs. R.Simirei,AIR 1961Manipur 1;
10. Balusami vs. Balkrishna, AIR 1957 Mad.97;
11. Tekaha A.O. vs. Sakumeeran A.O., AIR 2004 SC 3674
12. State of Bihar vs. Sonawati, AIR 1961, SC 221, 231;
13. Ramjawaya Kapoor vs. State of Punjab, AIR 1955 SC 549,556;
14. NHRC vs. State of Arunachal Pradesh, AIR 1996, SC1234;
15. Hussainara Khatoon vs. State of Bihar, AIR 1979 SC1369;
16. Khatri vs. State of Bihar, 1981 SCC (1) 627.