Law syllabus for PhD entrance test JISU

DETAILED SYLLABUS FOR LAW PAPERS IN SEMESTER III
PHD IN LAW SYLLABUS:
RESEARCH METHODS & LEGAL WRITING
The main objective of this course is to acquaint the student of law with the scientific method of social
science research. This course is expected to provide the knowledge of the technique of selection,
collection and interpretation of primary and secondary data in socio legal research.
Emphasis would be laid on practical training in conducting research in this course. By the end of the
course the students are expected to develop a scientific approach to socio legal problems. They should
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 and workshops/seminars.
1. INTRODUCTION
2. a) The science of research and scientific methodology
3. b) Interrelation between speculation, fact and theory, building some fallacies of scientific
methodology with reference to socio legal research
4. c) Inter-disciplinary research and legal research models
5. d) Arm chair research vis-a-vis empirical research
6. e) Legal research-common law and civil law legal systems
7. RESEARCH DESIGN
8. a) Workable Hypothesis-formulation and evaluation
9. b) Major steps in research design
III. RESEARCH TECHNIQUES
1. a) Sampling
2. b) Survey and Case Study method
3. c) Scaling and Content Analysis
1. RESEARCH TOOLS AND DATA PROCESSING

2. a) Observation
3. b) Interview and schedule
4. c) Questionnaire
5. d) Socio-metrics and jurimetrics
6. e) Data processing (deductions and Inductions) analysis and interpretation of data
7. f) Online Legal Research – Use of Electronic Databases
1. LEGAL WRITING
2. a) Report/Article writing & legal research
3. b) Use of definitions, maxims, concepts, principles, doctrines in legal research
4. c) Plagiarism & its consequences.
5. d) Citation methodology
6. e) Book review and case comments
Suggested Reading Materials for Reference
1. Robert Watt- Concise book on Legal Research

2. Good and Hatt- Research Methodology
3. Pauline Young- Research Methodology
4. Earl Babbie- Research Methodology
5. Stott D.-Legal Research
1
6. Robert Watt and Francis Johns- Concise Legal Research
7. S.K. Verma&Afzal Wani- Legal Research Methodology
Indian constitutional law: The new challenges

Module I: Introduction to the Constitution and Constitutional Law
 Historical background to the Making of the Constitution of India
 Constituent Assembly and the Passing of the Constitution
 The Objectives Resolution and the Preamble to the Constitution of India
 Elucidating Key Concepts-
 ‘Sovereign Socialist Secular’
 ‘Democratic Republic’
 ‘Separation of Powers’
 ‘Rule of Law’
Module II: The Three Wings of Government

 Legislature: Structure of Parliament and State Legislatures, Mode of Election,
Parliamentary Procedures, Voting, Powers and Functions- (Article 79-122, 148-151)
 Executive: Structure of Union and State Governments, Cabinet, Powers and Functions
of PM / CM(Article 52-78, 123)
 Judiciary: Structure of the Courts, Jurisdiction, Appointment of Judges, Supreme
Court as the Final Interpreter of the Constitution, Powers and Functions(Article 124-
147, 214-227)
Module III: Federalism under the Indian Constitution: a Moduleary Model

 Federalism: Meaning, Scope and Concepts
 Is India a true federation? Rationale behind Moduleary nature.
 Separation of Powers- conceptual analysis, comparison with US model
 Legislative Relations between Union and State(Article 245-256)
 Financial Relations between Union and State(Article 265-28)
2
Principles of Interpretation:
 Territorial Nexus
 Plenary Powers and Non-obstante clause
 Harmonious Construction and Pith and Substance
 Residuary Power
 Repugnancy- Direct Conflict, Occupied Field and Intended Occupation
[Cases- State of WB v UOI, State of WB v CPDR, GVK Industries v. UOI, Gujarat Univ. v.
Krishna, Prafulla Kumar v. Bank of Commerce, Khulna, State of Rajasthan v. G. Chawla, UOI v.
Harbhajan Singh Dhillon, Hoechst Pharmaceuticals v. State of Bihar, Deep Chand v. State of UP,
Zaveribhai v. State of Bombay, M ..Karunanidhi v. UOI]
Module IV: Judiciary and its Independence (Article 124-147, 214-227) (6 class hours)
 Independence of Judiciary: why so crucial?
 Transfer of Judges
 Judicial Review- HC powers of Superintendence u/A. 226., Supervision u/A. 227,
Jurisdictions of the SC, Review and Curative Petition, Supreme Court as a Court
of Record- Contempt Power
[Cases-State of Karnataka v UOI, State of Rajasthan v UOI, Pritam Singh v State,
Rupa Hurra v Ashoke Hurra, Delhi Judicial Service Assn.]
Module V: Executive and its Discretion (6 class hours)(Article 52-78, 123)

 President as the ‘nominal head’ of the Executive
 ‘Aid and advice of the council of ministers’-Discretionary Powers of the President
and Governors
o [Cases: Ram Jawaya Kapoor, UNR Rao, Shamsher Singh]
 Powers of Pardon
o [Cases: Maru ram, Kehar Singh, Swaran Singh, Epuru Sudhakar]
 Legislative Power of the Executive
o [Cases: AK Roy, DK Wadhwa]
Module VI: Amendment to the Constitution and Basic Structure Doctrine (6 class hours)
 Understanding A. 368
 ‘Procedure to Amend’ to ‘Power to Amend’
 Impact of 24th and 25th Amendments
 42nd Amendment and the A. 368
 Evolution of Basic Structure Doctrine- Case Analysis
 Pre-Keshavananda Bharati[Cases: Shankari Prasad, Sajjan Singh, IC
Golaknath]
 Keshavananda Bharati
 Post-Keshavananda Bharati [Indira Gandhi, Minerva Mills, Waman Rao,
Nagaraj, IR Coelho]
Module VII: Emergency Provisions (6 class hours)

 Proclamation of Emergency under A. 352
 Instances and Debates
 Changes introduced by the 44th Amendment
 Impact on Fundamental Rights- ADM Jabalpur v. Shiv Kant Shukla
 President’s Rule under A. 356
3
4
 Instances and Debates

 Judicial Review
 Impact of Sarkaria Commission Recommendations
[Cases- State of Rajasthan, SR Bommai, Rameshwar Prasad]
 Financial Emergency under A. 360
Bare Acts:
 The Constitution of India
Suggested Readings:-
1. M.P.Jain, Indian Constitutional Law, Wadhwa & Co, Nagpur
2. V.N.Shukla, Constitution of India, Eastern Book Company, Lucknow
3. Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi
4. H.M.Seervai, Constitutional Law of India (in 3 Volumes), N.M.Tripathi, Bombay
5. G.C.V.Subba Rao, Indian Constitutional Law, S.Gogia & Co., Hyderabad
SUBJECT – LEGAL EDUCATION AND RESEARCH METHODOLOGY - This

introductory course covers legal methods for students of law; one learns to critically read
statutes, cases and other legal and legally-relevant material, and toidentify and resolve issues that
involve the law. The syllabus includes selected analytical legal materials and aims to provide a
familiarity with the context, syntax and grammar of law that is vital to address situations that
lawyers, judges and legal institutions have to regularly engage with. Through the detailed study
of selected legal materials, the course also hopes to provide students of law with a picture of the
different approaches, attitudes, theories and philosophies that make law such an exciting subject
of scholarly studies. Materials studied include classic and modern legal cases from the Indian,
Anglo-American and continental European legal systems in the fields of tort, contract, criminal
law, public law and property. In addition to working directly with selected original and appellate
decisions (and the arguments and pleadings involved in these), students will also learn to use
important texts and writings that hold a strong influence on contemporary legal method and the
law. A few of the cases and texts in the syllabus have been specifically chosen to build a
foundation for the sustained study of legislative history, institutional roles, statutory
interpretation, and legal reasoning.
Human rights law - Concept and development of human rights

Human rights and international order
SUBJECT: HUMAN RIGHTS AND CRIMINAL JUSTICE
Module-1:Theoretical Foundations of Human Rights and International Law
4
5
 Basic principles : sovereign equality of states - non-intervention - non use of force

- international co-operation - peaceful settlement of disputes
 Individuals as subjects of international law
 State jurisdiction on terrorism, hijacking, narcotics, war crimes and
crimes against peace
 Treatment of aliens
Module-2: Historical development of the concept of human rights
 Human rights in Indian tradition : ancient, medieval and modern
 Human rights in Western tradition
➢ Concept of natural law
➢ Concept of natural rights
➢ Human rights in legal tradition: International Law and National Law
Module-3: UN and Human Rights
 Universal Declaration of Human Rights (1948) - individual and group rights
 Covenant on Political and Civil Rights (1966)
 Covenant on Economic, Social and Cultural Rights (1966)
 I L O and other Conventions and Protocols dealing with human rights
 Solidarity rights
 Disarmament: threat to human rights
 International HR Commission
➢ Mandates to States
 Right to development
Module-4: Role of Regional Organizations
 European Convention on Human Rights
 American Convention on Human Rights
 African Convention on Human Rights
 SAARC
Module-5: Protection agencies and mechanisms
 International Commission of Human Rights
➢ Amnesty International
➢ Non-Governmental Organizations (NGOs)
 European Commission on Human Rights/Court of Human Rights.
 U.N. Division of Human Rights
 International Labour Organization
 UNESCO
 UNICEF
Module-6: Impact and implementation of international human rights norms in India

 Human rights norms reflected in fundamental rights in the Constitution
 Directive Principles: legislative and administrative implementation of
international human rights norms
 Implementation of international human rights norms through judicial process
Moule-7: Enforcement of Human Rights in India
5
6
 Role of courts: the Supreme Court, High Courts and other courts
 Statutory commissions- human rights, women's, minority and backward class
Suggested Readings:
1. S.K.Avesti and R.P.Kataria, Law Relating to Human Rights, Chh IV, V, VIII, XIV,
XXIX and XXXIX
(2000) Orient, New Delhi
2. S.K.Varma, Public International Law (1998), Prentice-Hall, New Delhi
3. Peter J. Van Kricken (ed.), The Exclusion on Clause (1999), Kluwer
4. Human Rights Watch Women's Rights Project, The Human Rights Watch Global
Report on Women's Human Rights (2000), Oxford
5. Ermacora, Nowak and Tretter, International Human Rights (1993), Sweet & Maxwell.
6. Wallace, International Human Rights: Text & Materials (1996), Sweet & Maxwell
7. Muntarbhorn, The Status of Refugees in Asia (1992), Oxford.
8. Human Rights and Global Diversity (2001), Frank Cass, London
9. Nirmal.C.J. (ed.), Human Rights in India (2000), Oxford
10. Nirmal.B.C., The Right to Self determination in International Law (1995),
Deep & Deep. 11.P.R.Gandhi, International Human Rights Documents (1999)
Universal, Delhi.

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DETAILED SYLLABUS FOR LAW PAPERS IN SEMESTER III

PHD IN LAW SYLLABUS:

RESEARCH METHODS & LEGAL WRITING

III. RESEARCH TECHNIQUES

1. RESEARCH TOOLS AND DATA PROCESSING

Suggested Reading Materials for Reference

1. Robert Watt- Concise book on Legal Research

Indian constitutional law: The new challenges

Module II: The Three Wings of Government

Module III: Federalism under the Indian Constitution: a Moduleary Model

Module V: Executive and its Discretion (6 class hours)(Article 52-78, 123)

Module VII: Emergency Provisions (6 class hours)

 Instances and Debates

1. M.P.Jain, Indian Constitutional Law, Wadhwa & Co, Nagpur

2. V.N.Shukla, Constitution of India, Eastern Book Company, Lucknow

3. Granville Austin, Indian Constitution-Cornerstone of a Nation, OUP, New Delhi

4. H.M.Seervai, Constitutional Law of India (in 3 Volumes), N.M.Tripathi, Bombay

5. G.C.V.Subba Rao, Indian Constitutional Law, S.Gogia & Co., Hyderabad

SUBJECT – LEGAL EDUCATION AND RESEARCH METHODOLOGY - This

Human rights law - Concept and development of human rights

Module-1:Theoretical Foundations of Human Rights and International Law

 Basic principles : sovereign equality of states - non-intervention - non use of force

Module-6: Impact and implementation of international human rights norms in India

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