PANJAB UNIVERSITY, CHANDIGARH-160014 (INDIA)

(Estd. under the Panjab University Act VII of 1947-enacted by the Govt. of India)

FACULTY OF LAW

SYLLABUS
FOR

Master of Laws - Two Year Course at UILS

(1st to 4th Semesters)
Session 2020-21

0
 MASTER OF LAWS- TWO YEAR (4 SEMESTER) DEGREE COURSE

LIST OF PAPERS (2020-2021)

SEMESTER I

S.No Subjects Paper No.

1 Jurisprudence and Global Justice I

2 International Law and Human Rights II
3 Legal Education and Research Methodology III
4 Methods of Legislation and Interpretation of Statutes IV
5 Term Paper

SEMESTER II

S.No Subjects Paper No.

1 Law and Social Transformation V

2 Constitutional Law and New Challenges VI
3 General Principles of Criminal Law and Forensic VII
Studies
4 Family Law VIII

SEMESTER III

CHOOSE ANY ONE OF THE FOLLOWING GROUPS

GROUP-I CONSTITUTIONAL AND ENVIRONMENT LAW

S.No Subjects Paper No.

1 Administrative Law IX
2 Service Law X
3 Environmental Protection Law- I XI
4 Environmental Protection Law- II XII
GROUP-II CRIMINAL & CORPORATE LAW

S.No Subjects Paper No.

1 Criminology, Penology and Victimology XIII

2 Economic and Social Offences XIV
3 Corporate Governance and Corporate Social XV
Responsibility
4 Banking and Insurance Law XVI

1
 SEMESTER IV

CHOOSE ANY ONE OF THE FOLLOWING GROUPS

GROUP-I CONSTITUTIONAL AND ENVIRONMENT LAW

S.No Subjects Paper No.

1 Comparative Public Law XVII

2 Environmental Law and Policy XVIII

GROUP-II CRIMINAL AND CORPORATE LAW

S.No Subjects Paper No.

1 Corporate Crimes and White Collar Crimes XIX

2 International Trade Law XX
3 Dissertation & Viva-Voce

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SCHEME OF EXAMINATIONS:

The scheme of examination of papers of both the semesters (excluding

dissertation) shall be as under:-

Maximum 100 marks will be5 allotted for each paper (except term paper and
dissertation). These marks will be further divided into two parts i.e. theory
examination (75 marks) and Seminar (25 marks).

THEORY EXAMINATION (75 MARKS):

For the theory examination the whole syllabus shall be divided into IV Units. Question
paper will be divided into five units. Unit I will have one compulsory question of 25
marks, from Unit-I, II, III & IV of the syllabus, consisting of 5 parts (at least one part
from each Unit) of 5 marks each. Unit II, III, IV and V of the question paper
corresponding to the Unit-I to IV of the syllabus will have two questions each and the
students will be required to attempt one question of 12 ½ marks each from each unit.
The focus of the papers shall be to critically examine the academic/research aptitude
of the LL.M. students.

INTERNAL ASSESSMENT:

SEMINAR (18 MARKS):

The Seminar will include a research paper of 2000 words excluding footnotes, (Font
size 12- Times New Roman-Spacing 1 ½) and its presentation. The topic of the
Seminar will be given by the concerned teacher in the class. The seminar and its
presentation shall be evaluated by a Committee consisting of One Professor or
Associate Professor and two concerned teachers

Research paper 09 marks

Presentation 09 marks

Mid Semester Test 07 marks

TERM PAPER: 50 (MARKS):

There will be Term Paper of 35-50 pages (font-12-Times New roman and spacing 1 ½ )
to be assigned by the concerned teacher/s in the class on the relevant subject. The
term paper shall be evaluated by an external examiner. Three names of external
examiners will be proposed by the concerned teacher/s and out of which one name
will be recommended by the committee of all Professors of the Department to be
approved by the DUI.

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 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
1ST SEMESTER
SUBJECT: JURISPRUDENCE AND GLOBAL JUSTICE
PAPER NO: I

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25

Objectives:
To understand meaning and nature of Jurisprudence as the key to
understanding spirit and philosophy of law
To make students aware about different schools of law and develop analytical
skills among the students.
Understanding jurisprudence from a global perspective and challenges with
respect to globalization.
A study of jurisprudence is fundamental in understanding law and how law
develops.

Learning Outcomes:
Students will be able to understand that:
• Jurisprudence is the rationale behind development of any law.
• Discussion of concepts, schools and sources of law will develop analytical
skills among the students in understanding the law.
• Students will be able to understand different schools of jurisprudence
from Indian perspective.
• Students will be able to understand modern theories of jurisprudence.
• Students will be able to understand jurisprudence from an international
perspective.

SECTION-A
Nature of Jurisprudence: Meaning of Jurisprudence, Relevance of
Jurisprudence
Concept of 'Legal Theory' and 'Jurisprudence'.
Concept and Philosophy of Law:
The Definition of Law
The Evolution of Law: Primitive Law, Middle Law, Classical Law, Post-Classical
Law
Case Studies:
Keshavananda Bharti v. Union of India AIR 1973

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and
ors. (1985)ILLJ111Raj
4
SECTION -B
Natural Law and its Re-emergence:
Philosophical Idealism of Ancient Era: Meaning and Origin- Greeks and
Romans Philosophy
Medieval Era: Renaissance, And Reformation, Grotius and International
Law, Philosophy of Social Contract.
Natural Law in Nineteenth and Twentieth Centuries
Modern Value Philosophies and Revival of Natural Law Theories
Indian Perspective of Natural Law School
Analytical Positivism:
Bentham’s English Positivism: Utilitarian Approach of Law, Pleasure and
Pain Principle in Legislation, Bentham on Codification and Law Reforms.
Austin’s Theory of Law
The Pure Theory of Law
Modern Trends in Analytical Jurisprudence: Hart’s Concept of Law
Indian Perspective of Analytical School

Case Studies:
Maneka Gandhi v Union of India AIR 1978 SC 597
A.K.Gopalan v. State of Madras, AIR 1950 SC 27

SECTION-C
Historical School of Thought:
The Romantic Reaction: Herder and Hegal
Savigny and Historical School in Germany
Law and Anthropology
Historical School in England, United States and India

Sociological Jurisprudence and Sociology of Law:

Comte and Sociology, Laissez Faire and Herbert Spencer, Jhering, Max
Weber, Emile Durkheim, Eugen Ehrlich, Roscoe Pound.
Sociological Jurisprudence since Pound and Towards Sociology of Law
Indian Constitution and Sociological Jurisprudence
American and Scandinavian Jurisprudence
Concept of Morality and its Relationship with Law: Hart Fuller Controversy
Case Studies:
Bijoe Emmanuel & Ors v. State Of Kerala 1987 AIR 748
Shayara Bano v. Union of India AIR 2017 (9) SCALE 399

5
SECTION-D
Theories of Jurisprudence and Postmodernism
Critical Legal Studies Movement
Feminist Jurisprudence
Postmodernist Jurisprudence
Critical Race Theory

Globalisation: Meaning, Significance and Social, Political and Economic

Dimensions, Concept and Theories of Global Justice

Impact of Globalisation and Central Challenges: Impact on Human Rights

(Economic, social, cultural, civil & political); Impact on administration of
justice (reforms in justice delivery system, concept of plea bargaining, justice to
victims of crime, shift from adversarial system to accusatorial & inquisitorial
system)

Case Studies:
Vishakha v. State of Rajasthan (1997) 6 SCC 241
Jadhav Case, India v Pakistan [2017] ICJ GL No 168

SUGGESTED READINGS:

— Amartya Sen, ‘Idea of Justice’ —

Dhyani: Fundamentals of Jurisprudence and Jurisprudence and Legal Theory
— G.W. Paton: A Text Book of Jurisprudence

— Karl N Llewellyn: Jurisprudence Realism in Theory and Practice

— Lloyd’s Introduction to Jurisprudence
— R.W.N. Dass: Jurisprudence 5th ed. Aditya Books Private Ltd. New Delhi,
1994
— W. Friedman: Legal Theory 5th ed. London Stevens & Sons 1967

— William Twining, General Jurisprudence: Understanding Law from a Global

Perspective (Cambridge University Press, 2009)

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 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
1ST SEMESTER

SUBJECT: INTERNATIONAL LAW AND HUMAN RIGHTS

PAPER NO: II

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25
SECTION-A
Concept and basis of International Law.
Codification of International Law.
Sources and subjects of International Law.
Relationship between International Law and Municipal Law.

SECTION-B
Territorial Sea: Territorial Waters, Contiguous Zone, Continental Shelf, EEZ.
Codification of the Law of the Sea under UN, Piracy and Developments after
1982.
Terrorism and the UN, Legal Control on International Terrorism, Terrorism and
National Measures.
Disarmament and the UN, Multilateral Treaties on Arms Limitation and
Disarmament, Bilateral Treaties on Disarmament.

SECTION-C
International Bill of Human Rights
UN Charter
Universal Declaration of Human Rights, 1948
International Covenant on Civil and Political Rights (ICCPR) and Optional
Protocols
International Covenant on Economic, Social and Cultural Rights (ICESCR)

SECTION-D
Convention on Elimination of all Forms of Discrimination against Women
(CEDAW)
Convention on the Rights of Child, 1989
UN Declaration on Elimination of all forms of Intolerance and Discrimination
based on Religion or Belief, 1987.
United Nation Convention on Rights of Persons with Disabilities (UNCRPD),
2006

Suggested Readings:

• Agarwal, H.O., Implementation of Human Rights Covenants with, Special

Reference of India (Kitab Mahal, Allahabad, 1983).
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• Akehurst, Michael, Modern Introduction to International Law, 5th ed
(George Allen and Unwin, London, 1984).
• Alston, Philip (ed.), The United Nations and Human Rights: A Critical
Appraisal (Clarendon Press, Oxford, 1992).
• Alvarez, Jose E., International Organizations as Law-Makers (Oxford
University Press, Oxford, UK, 2005).
• Anand, R. P., Development of Modern International Law and India
(Nomos, Germany, 2005).
• Anand, R. P., International Law and the Developing Countries (Banyan
Publications, New Delhi, 1986).
• Anand, R. P., Origin and Development of the Law of the Sea (Martinus
Nijhoff, The Hague, 1983).
• Anand, R. P., Salient Documents of International Law (Banyan
Publication, New Delhi, 1994).
• Anand, R. P., Studies in international Law and History: an Asian
Perspective (Martinus Nijhoff Publishers, 2004).
• Bassiouni, M. Cherif, Introduction to International Criminal Law
(Transnational, Ardsley, NY, 2003).
• Basu, Durga Das, Human Rights in Constitutional Law (Prentice Hall,
New Delhi, 1 994).
• Bedi, Shruti. ‘Indian Counter-Terrorism Law’, (LexisNexis, New Delhi,
2015)
• Brierly, J. L., Law of Nations: An Introduction to the Law of Peace, 6th ed
(Oxford University Press, London, 1998).
• Brownlie, Ian, Principles of International Law, 5th ed (Oxford University
Press, London, 1998).
• Churchill, R. R. and Lome, A. V., The Law of the Sea (Manchester
University Press, Manchester, 1983).
• Conforti, Benedetto, The Law and Practice of the United Nations (Martinus
Nijhoff Publishings, 2005).
• Diederiks, Versehoor, Introduction to Air Law (Kluwer Law and Taxation,
Dordrecht, 1983).
• Dixit, R.K. & Jayaraj, C, Dynamics of International Law in the New
Millennium (Manak Publications, New Delhi.
• Dixit, R.K. , Shankardass, R.K.P., Jayaraj, C & Sinha, Manoj K.,
International Law: Issues and Challenges( ISIL & Hope India
Publications, New Delhi, 2009).
• Gal, Gyula, Space Law (Academiai Kiado, Budapest, 1969).
• Geza, Herczegh, Developments of International Humanitarian Law
(Akademiai Kiado, Budapest, 1984).
• Green, L. C., International Law through the Cases, 3rd ed (Stevens and
Sons, London, 1970).
• Harris, D. J., Cases and Materials on International Law, 6th ed (Thomson
and Sweet and Maxwell, London, 2004).

8
• Henckaerts, Jean-Marie and Beck-Doswald, Louise, Customary
International Humanitarian Law (Cambridge University Press, UK, 2005).
• Hingorani, R. C., Humanitarian Law (OUP, New Delhi, 1987).
• Jasentuliyana, N. and Roy, S. K. Lee, (eds), Manual on Space Law (Dobbs
Ferry, New York, Oceania Publications, 1969).
• Jenks, C. W., Space Law (Praeger, New York, 1969).
• Johnson, D. H. N., Rights in the Air (Manchester University Press,
Manchester, 1965).
• Kaul, J.L. & Sinha, Manoj K., Human Rights and Good Governance (
Satyam Law International, New Delhi, 2008)
• Mani, Bhatt and Reddy, Air Law and Policy in India (Lancers Books, New
Delhi, 1994).
• Marks, Susan and Coopham, Andrew (ed.), International Human Rights
Lexicon (Oxford University Press, New York, 2005).
• Nawaz, M. K., Changing Law of Nations (Eastern Law House, New Delhi,
2000).
• O’Connell, D. P., The International Law of the Sea (Clarendon Press,
Oxford, 1982).
• Patel, Bimal (ed.), India and International Law (Martinus Nijhoff
Publishings, Leide, 2008).
• Shaw, M. N., International Law (Cambridge University Press, New York,
2005).
• Sinha, Manoj Kumar, Enforcement of Economic, Social and Cultural
Rights: International and National Perspectives (Manak Publishers, New
Delhi, 2006).
• Starke, J. G., Introduction to International Law, 10th ed Butturworths,
London, 1992).
• Steiner, Henry J., Alston, Philip and Goodman, Ryan, International
Human Rights in Context (OUP, Oxford, 2007).
• Teson, Fernando, R., Humanitarian Intervention: An Enquiry into Law and
Morality (Transnational Publishers, New York, 1997).

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 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
1ST SEMESTER

SUBJECT: LEGAL EDUCATION AND RESEARCH METHODOLOGY

PAPER NO: III
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The main objective of this course is to acquaint the students of law with
the scientific methods of social science research and is expected to provide the
knowledge of the various techniques of selection, collection and interpretation of
primary and secondary data in socio legal research. Emphasis would be laid on
preparing a foundation to conduct research. By the end of the course, students are
expected to develop a scientific approach to socio legal problems and shall 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 or
workshops/seminars, still an endeavor will be made to unveil various aspects of Legal
research to the students of Law as well as development of Legal writing skills among
them which are crucial for the success in Legal profession these days.

Learning Outcomes

• This course will expose students to methods of legal research and legal writing.
• The course aims to impart training on legal research to students.
• Students are expected to undertake substantial work outside of class in the
forms of targeted readings related to their project, identifying a research
question and organizing their research strategy.
• This will develop a scientific approach to socio legal problems

SECTION-A

Legal Research: nature, scope and objectives.

Various approaches to Legal Research: Doctrinal and Non Doctrinal, Socio-Legal
Research, Comparative Research
Identification and formulation of Research Problem.
Survey of existing literature.
Research Design

SECTION-B

Hypothesis.
Sampling techniques in research
Primary and Secondary Data;
Data collection techniques: Case Study, Observation, Interview, Questionnaire and
Schedule, Survey, Historical

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SECTION-C

Data Processing: Editing, Coding and Classification.

Techniques of Data Presentation in Research: Tabulation, Diagrammatic and Graphic.
Analysis and Interpretation of Data

SECTION-D
Legal Research Report
Research Proposal, research papers, short articles and commentaries, case comments,
review articles including book review and newspaper articles
Dissertation/ Thesis Writing
Foot Notes and Bibliographic Techniques.
Ethics in Legal Research
Issues of Copy Right and Plagiarism in Research
Research Funding Agencies

Suggested Readings:
• Burney,D.H. and Theresa L. White, Research Methods, Akash Press, New Delhi,
First Indian Reprint,2007.
• Denzin, N.K. and Yvonna, S. Lincoln,(Ed),Collecting and Interpreting Qualitative
Materials, SAGE Publications, Inc. California,Fourth Edition,2013.
• Edmonds ,W.A. and Tom D. Kennedy., An Applied Reference Guide to Research
Designs-Quantitative, Qualitative and Mixed Methods, SAGE Publications Inc.
California, 2013.
• Fitzgerald ,J. and Jerry Fitzgerald, Statistics for Criminal Justice and
Criminology in Practice and Research-An Introduction, 2014
• Goode, W.J. and Paul, K. Hatt., Research Methodology, Prentice Hall of India
Pvt. Ltd. New Delhi, Latest Edition.
• Guest ,G. (et. al),Collecting Qualitative Data- A Field Manual for Applied
Research. SAGE Publications Inc. California, 2013.
• Kumar, R., Research Methodology-A Step by Step Guide For Beginners, SAGE
Publications India Pvt. Ltd., New Delhi. Latest Edition.
• Leary, Z.O., The Essential Guide to Doing Research, Vistaar Publications, New
Delhi. First Indian Edition,2005
• Loseke, D.R.., Methodological Thinking-Basic Principles of Social Research
Design, SAGE Publications India Pvt. Ltd., New Delhi. 2013.
• Myneni, S.R., Legal Research Methodology, Allahabad Law Agency,
Faridabad,Fifth Edition,2012.
• Richards, L. and Janice ,M. Morse., README First For a User’s Guide to
Qualitative Methods, SAGE Publications, Inc. California,2013.
• Singh, Rattan, Legal Research Methodology, Lexis Nexis Publications, Gurgaion,
Haryana, Edition,2013
• Verma, S.K. and M. Afzal Wani, Legal Research and Methodology, The Indian
Law Institute, New Delhi. First Reprinted Edition,2006.
• Yaqin, A., Legal Research and Writing Methods, LexisNexis Butterworths
Wadhwa , Nagpur. First Reprint,2011

11
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
1ST SEMESTER
SUBJECT: METHODS OF LEGISLATION AND INTERPRETATION OF STATUTES
PAPER-IV
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective: Enacted laws are the major source of modern legal system. Though
Legislation are enacted after much deliberation so there is a little scope for
interpretation but still at certain instances Judiciary explores the intention
behind the statutes and construes certain words phrases and expression. In
their attempt of construing the same the Courts have developed certain rules,
doctrines and principles of interpretation. The objectives of the course is to
make students familiar with these doctrines, rules and principles of
interpretation.
SECTION-A
Interpretation of Statutes
Commencement, Repeal and Revival of Statutes
Enabling, Consolidating and Codifying Statutes
The Primary Rule: literal construction
Mischief Rule; Golden Rule.

SECTION-B
Harmonious Construction
Ut res magis Valeat quam Pereat
Statutes to be read as a whole (Ex Visceribus Actus)
Beneficial Construction
Interpretation of the Constitution: Doctrine of Pith and Substance, Doctrine of
Colourable Legislation, Doctrine of Severability, Doctrine of Eclipse

SECTION-C
INTERNAL AIDS
Title; Preamble Definition or Interpretation Clause; Headings;
Marginal Notes; Punctuation Marks; Illustrations; Proviso, Explanation;
Schedule
Legal fiction, non obstante clause

EXTERNAL AIDS
Parliamentary History of the Enactment, Legislative History
General Social Policy; Public Policy, Historical Setting
Previous Legislation and Statutes in Pari materia
12
Previous Decision
Text Books, Dictionaries
International Conventions
Retrospective Operation of Statutes
Doctrine of Prospective Over Ruling
SECTION-D

SUBORDINATE PRINCIPLES OF INTERPRETATION

Uni est Exclusio Alterius
Generalia Specialibus Non-derogant; -Treatment of General Words
Doctrine of Ejusdem Generis
Words Understood According to the Subject Matter
Rules of casus omissus
Redendo Singula Singulis; Noscitur a Sociis
Contemporanea expositio est fortissima in lege

MODERN STATUTORY INTERPRETATION IN PRACTICE

Non Interpretive Doctrines
The Basis of the Doctrine
Filling in a gap in legal text
Resolving Contradictions
Correcting Mistakes in the language of the text
Avoiding absurdity
Cy Pres Performance
Enlightened Literalism (Evolutionary development of the modern approach)

Suggested Readings:
• G. P. Singh, Principles of Statutory Interpretation. (7thEdition) 1999,
Wadhwa, Nagpur.
• P. St. Langan (Ed.), Maxwell on the Interpretation of Statutes (1976), N.
M. Tripathi, Bomaby
• K. Shanmukham, N. S. Bindras’s Interpretations of Statutes, (1997) The
Law Book Co. Allahabad.
• V. Sarathi, Interpretations of Statutes, (1994) Eastern, Lucknow
• M. P. Jain, Constitutional of Statutes, (1984) Wadhwa & Co.
• M.P. Singh, (Ed.) V.N. Sukla’s Constitution of India, (1994) Eastern,
Lucknow
U. Baxi, Introduction of Justic K. K. Mathew’s Democracy Equity and
freedom (1978) Eastern, Lucknow
• Maxwell on the Interpretation of Statutes

13
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
2ND SEMESTER

SUBJECT: LAW AND SOCIAL TRANSFORMATION

PAPER: V
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25
SECTION-A
Law and Social Change
Law as an Instrument of Social Change: Law and Development, Limits of Law
in bringing out social change
Concept of Social Engineering – Its evaluation and critique in the light of
common law tradition and the legal institutions in India

SECTION-B
Community and the Law
Caste as a divisive factor
Non-discrimination on the ground of caste: Constitutional and Statutory
Provisions
Acceptance of caste as a factor to undo past injustices: Protective
Discrimination and Reservation

SECTION-C
Women and the Law
Crimes against Women: Legislative and Judicial Initiatives
Gender injustice and its various forms
Women’s Commission and Protection of Women’s Rights in India

SECTION-D
Children and the Law
Child Labour : Constitutional and Legislative Provisions
Sexual exploitation of Children: Legislative measures
Children and Education

Suggested Readings:

• U.Baxi, The Crisis of the Indian legal System (1982), Vikas, New Delhi
• Manushi, A Journal about Women and Society.
• Savitri Gunasekhare, Children, Law and Justice (1997), Sage.
• Marc Galanter (ed.), law and Society in Modern India
• M.P. Singh, construction of India (2008). 11th Ed. Eastern Book Co.,
Lucknow
• Sunil Deshta and Kiran Deshta, Law and Menance of Child Labour
(2000). Anmol Publications, New Delhi

14
• Indian law Institute, Law and Social Change: Indo-American Reflections.
Tripathi, (1988)
• Agnes Flavia, Law and Gender Inequality: The Politics of women’s Rights
in India (1999) Oxford, new Delhi.
• Virendre Kumar: Dynamics of Reservation Policy: Towards a More
Inclusive Social Order 50, Journal of ICI PP 478-517 (2007)
• M.P. Jain, Outlines of Indian Legal History (1993), Tripathi, Bombay

15
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
2ND SEMESTER

SUBJECT: CONSTITUTIONAL LAW AND NEW CHALLENGES

PAPER-VI

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25

Objective: The objective of this part of the syllabus is to highlight jurisprudence of the
constitution and involve students to participate in socio-political and constitutional
matters of the day. To focus on the emerging constitutional developments and
challenges faced by the legislature, executive and judiciary. New principles and
theories on socio politico issues shall be appoint of discussion so that students are
equipped with all the issues.

SECTION-A
Preamble
Widening definition of State
Right to Equality, its new concepts and Protective Discrimination
Dynamism of Rule of Law and Separation of Powers
Freedom of speech & expression with reference to RTI

SECTION-B
Art 20-protection in respect of Conviction for offences
Right to life & Personal Liberty
Emerging Regime of New Rights and Remedies under the Garb of Fundamental Rights.
Rights to Education
Right to Privacy

SECTION-C
Right against Exploitation
Secularism and Freedom of Religion
Rights of Minorities
Constitutional Remedies
The Concept of Judicial Review
Relation between Fundamental Rights & Directive Principles
Fundamental Duties

SECTION-D
Judicial Independence:-Appointment, Transfer and Removal of Judges
Legislative Relations between Center and States
Freedom of Trade and Commerce
Election Commission & Electoral Reforms
Special Status of Jammu and Kashmir
Emergency Provisions
Amending Power and Theory of Basic Structure
16
SUGGESTED READINGS:

• B. Sivarammayya, Inequalities and the Law (1984), Eastern, Lucknow.

• Cardozo, The Nature of Judiciary Process (1995), Universal, New Delhi.
• D.D. Basu, Shorter Constitution of India (1996), Prentice Hall of India,
Delhi Constitutional Assembly Debates, Vol. 1-12
• Duncan Derret, The State, Religion and the Law in India (1999) Oxford
University Press, New Delhi.
• G. Austin, History of Democratic Constitution: The Indian Expenditure
(2000), Oxford.
• H.M.Seervai, Constitution of India, Vol.1-3(1992), Tripathi, Bombay.
• Henry J. Abraham, The Judicial Process (1998) Oxford.
• Indian Law Institute, Law and Social Change: Indo-American Reflections
(1988) Tripathi.
• J. Stone, The Legal System and the Lawyer’s Reasoning (1999),
Universal, New Delhi.
• M.P. Singh (ed.), V.N. Shukla, Constitution of India (2000), Oxford.
• M.P. Jain, Outlines of Indian Legal History (1993) Tripathi, Bombay.
• M. Glanter, Competing Equalities – Law and the Backward Classes in
India (1984), Oxford.
• Marc Glanter (ed.), Law and Society in Modern India (1997) Oxford.
• Ravi Prakash, Constitution, Fundamental Rights and Judicial Activism
in India (1997).
• Thrity Patel, Personal Liberty under the Constitution of India (1993) Jain
Publishers, New Delhi.
• U. Baxi, The Indian Supreme Court and Politics (1980) Eastern,
Lucknow.
• Upendra Baxi, The Crises of the Indian Legal System (1982) Vikas, New
Delhi.

17
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
2ND SEMESTER

SUBJECT: GENERAL PRINCIPLES OF CRIMINAL LAW AND FORENSIC

STUDIES
PAPER-VII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective: The paper aims to provide in-depth understanding about General
Principles of Criminal Law and their changing scenario in India and in
international context. It is also designed to understand different aspects of
Forensic Science, which will include study of various techniques, especially
recent advances in Forensic Science, which is an important aspect of Criminal
Justice System.
SECTION-A
Constituents of Crime
Actus reus
Mens rea
General Principles of Criminal Liability
Principle of Legality
Corporate Criminal Liability
Vicarious Liability with special reference to Section 34 and 149 IPC
SECTION-B
Inchoate Crimes
Abetment
Criminal Conspiracy
Attempt
General Defenses
Mistake
Accident
Necessity
Insanity
Intoxication
Private Defense
SECTION-C
Definition, nature and scope of Forensic Science
History and Development of Forensic Science
Crime scene investigation: understanding and purpose of Crime scene
examination and investigation, physical evidence, its collection, packing and
transportation, chain of custody
Evidentiary value of Forensic Report
SECTION-D
Difference between Suicidal, Homicidal and Accidental Wounds

18
Recent advances in Forensic Science: Narco Analysis, Brain Mapping, DNA
Finger Printing and their Admissibility in the Court, Polygraph Test and NHRC
guidelines of administration of Polygraph test.

SUGGESTED READINGS:

• Andrew Ashworth and Jeremy Horder, Principles of Criminal Law, Oxford

University Press, New York, 2013
• Card and Cross and Jones, Criminal Law, Oxford University Press, 2012
• Mike Molan, Duncan Bloy and Denis Lanser Modern Criminal Law
Cavendish Publishing Limited, London, 2003
• PSA Pillai, Criminal Law, LexisNexis Butterworths Wadhwa, Nagpur;
Edition, 2017
• O.P. Srivastva, Principles of Criminal Law, Easter Book Company,
Lucknow, 2018
• Glanville Williams, Criminal Law, Universal Law Publishing Co. Pvt. Ltd,
2009
• Jonathan Herring, Criminal Law, Oxford University Press, New York,
2012
• David Ormerod, Criminal Law, Oxford Press, New York, 2011
• R.C. Nigam, Law of Crimes in India – Vol. I- Principles of Criminal Law,
Asia Publishing House, Bombay.1965
• S.N. Misra, Indian Penal Code, Central Law Publications, Allahabad,
2017
• K. Mathiharan and Amrit K Patnaik, Modi's Medical Jurisprudence and
Toxicology, LexisNexis, Buttersworth, 2010
• K. Kannan and K. Mathiharan, Textbook of Medical Jurisprudence and
Toxicology, Butterworth’s India, 2012
• R.M. Jhala and K Raju, Medical Jurisprudence, Eastern Book Company,
1997
• K.S. Narayan Reddy, Medical Jurisprudence and Toxicology (Law Practice
and Procedure), ALT Publications, 2006
• Krishan Vij, Forensic Medicine and Toxicology, Principles and Practice,
Elsevier India Private Limited, 2014
• Robert Milne, Forensic Intelligence, Taylor & Francis Group, London,
2013
• Modis, Medical Jurisprudence and Toxicology, Lexis Nexis, New Delhi,
2006
• B.R. Sharma, Forensic Science in Criminal Investigation & Trials,
Universal Law Publishing Co., New Delhi, 2014

19
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
2ND SEMESTER
SUBJECT: FAMILY LAW
Paper-VIII

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25

Objective: This paper aims to provide adequate understanding regarding the

concept of Marriage, and Divorce under various Personal Laws in India, and to
explore the possibility, need and feasibility of a Uniform Civil Code. The paper
also seeks to provide an overview of some incidental issues like child
marriages, marital disputes and conflict of laws, emerging concept of live- in
relations, same sex marriages, matrimonial property etc.

SECTION-A
Marriage among Hindus, Muslims, Parsis and Christians
Evolution and nature of marriage and different kinds of marriage
Requirements/ conditions of a valid marriage under different personal laws
Restitution of Conjugal Rights
Inter- personal law conflict (effect of conversion)
Uniform civil code: need and feasibility

SECTION-B
Divorce among Hindus, Muslims, Parsis and Christians
Divorce under different personal laws
Nullity of marriage under different personal laws
Theories of Divorce : Fault Theory, Breakdown Theory, Irretrievable
Breakdown Theory, Consent Theory

SECTION-C
Incidental Issues Concerning Marriage
Marriage of minors: Position under different personal laws and application
of The Prohibition of Child Marriage Act, 2006
Registration of Marriages
Marriages with Expatriate Indians/ NRI Marriages and conflict of laws
Matrimonial Property: Emerging trends

20
SECTION-D
Issues of custody, guardianship in matrimonial disputes
Maintenance of women : under personal laws, CrPc, The Protection of
Women from Domestic Violence Act 2005, The Prohibition of Child Marriage
Act 2006
Live in Relations: in light of provisions of The Protection of Women from
Domestic Violence Act 2005 and latest Court decisions
Same sex marriages

Suggested Readings:
• Agnes Flavia: Family Law vol. II: Marriage, Divorce and Matrimonial
Litigation, (Oxford University Press, New Delhi, 2011) —
• Desai Kumud: Indian Law of Marriage and Divorce, (Lexis Nexis
Buttersworths Wadhwa Nagpur, 2011) — Diwan, Paras and Peeyushi
Diwan, Law of Marriage and Divorce, (Universal Law Publishing Co. Ltd.,
New Delhi, 2008). —
• Fyzee, F.A.A: Outlines of Muhammadan Law, (Oxford University Press,
4th ed.) —
• Mayne, Treatise on Hindu Law and Usages,( Bharat Law House, West
Bengal 1986) —
• Mulla: Principles of Hindu Law, (ed) S.A. Desai,( Buttersworths, New
Delhi, 2001) —
• Parkinson Patrick: Family Law and the Indissolubility of Parenthood,
(Cambridge University Press, New York, U.S.A. 2011) —
• Pradhan Saxena, Poonam: Family Law Lectures, Family Law II, (Lexis
Nexis, 2011) —
• Qureshi, M.A.: Muslim Law, (Central Law Publication, 2002) —
• Sagade, Jaya: Child Marriage in India: Socio-Legal and Human Rights
Dimensions, (Oxford university Press, New Delhi, 2005) —
• Saharay, H.K.: Laws of Marriage and Divorce, (Eastern law House, 2007)
Bare Acts:
The Hindu Marriage Act 1955
The Anand Marriage Act 1909
The Special Marriage Act 1954
The Indian Christian Marriage Act, 1872
The Parsi Marriage and Divorce Act 1936
The Divorce Act 1869
The Dissolution of Muslim Marriage Act, 1939
The Muslim Women (Protection of Rights on Divorce) Act, 1986
The Prohibition of Child Marriage Act, 2006
The Protection of Women from Domestic Violence Act 2005

21
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
3RD SEMESTER
(Group-I) SUBJECT-ADMINISTRATIVE LAW
PAPER:IX

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25
Objectives of the Course:
To examine the conceptual dimensions of Administrative Law, the legal means
for making the Government accountable, review of governmental action
including judicial review and freedom of information legislation. The expansion
in the functions of the state and enormous powers of the administration has
given tremendous capacity to the administration to affect the rights and
liberties of the individual. The present course aims to explore the important
principles and institutions imperative for a good administration.

Learning Outcomes:
• Developing an understanding of Administrative law as a separate legal
discipline
• Understanding the various liabilities and privileges of the State
• Comprehending the importance of administrative rule making in the
form of delegated legislation
• Appreciating the significance of principles of transparency, natural
justice, accountability and fairness in a good governance administration
• Understanding the relevance of administrative discretion in modern
governance and its controls

SECTION-A
Meaning, Nature and Scope of Administrative Law
Evolution and Development of Administrative Law and its relationship with
Constitutional Law
Separation of Powers – from Rigidity to Flexibility
Rule of Law – Changing Dimensions

Case Laws :
Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
Indira Gandhi v. Raj Narain , AIR 1975 SC 2299

SECTION-B
Delegated Legislation – Permissible Limits and Controls
Principles of Natural Justice
Liability of State - Tortious and Contractual Liability
Promissory Estoppel – Constitutional Dimensions
22
Case Laws:

Re Delhi Laws Act, AIR 1951 SC 332

Maneka Gandhi v. Union of India, (1978) 1SCC 248

SECTION-C
Privilege against Disclosure
Right to Information – Official Secrets and Right to Information Act
Executive Privilege – Security of State and control on information
Judicial Review

Case Laws:

Express Newspapers (Pvt) Ltd. v. Union of India, AIR 1986 SC 872

L. Chandra Kumar v. Union of India and others, AIR 1997 SC 1125

SECTION-D
Ombudsman – Lokpal and Lokayukta institutions
Inquiry Commission – Vigilance Commission
Judicial Inquiries
Public Interest Litigation and its Emerging Dimensions

Case Laws:
Hussainara Khatoon & Ors v Home Secretary, State Of Bihar, AIR 1979 SC
1369
Rupa Ashok Hurra v. Ashok Hurra, AIR 2002 SC 1771

Suggested Readings:

• Cann, Steven J, Administrative Law 3rd Ed., 2002

• Kesari, U.P.D, Lectures on Administrative Law, 15th Ed, 2005, Central
Law Agency, Allahabad
• Massey, I.P., Administrative Law, 5th Ed. 2003, Eastern Book Company,
Lucknow
• Stott, David and Felix, Alexandra Principles of Administrative Law,
Cavendish Publications, London, 1997
• Takwani, Thakker, C.K Lectures on Administrative Law, 3rd Ed. 2003,
Eastern Book Company, Lucknow
• Wade and Forsyth, Administrative Law, 9th Ed., 2004, Oxford University
Press,
• Oxford
• Jain, M.P. and Jain, S.N.Principles of Administrative Law, 5th Ed. 2007
Wadhwa and Co. Delhi
• Upadhya , JJR, Administrative Law, Central Law Agency, 7th Ed. (2006)
23
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
3RD SEMESTER
(Group-I)
SUBJECT-SERVICE LAW
PAPER-X
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

SECTION-A
Article 323-A of the Constitution of India
Administrative Tribunals; their composition, Powers and Procedure under
Administrative Tribunals Act, 1985
Constitutional Right to Equality: Relating to Service Matters

SECTION-B
Services under the Union and States (Articles 308-323) with special emphasis
on Article 309-311
Major & Minor penalties
Suspension and Substances Subsistence Allowance.
Conduct and Procedure of Departmental/Disciplinary enquiries (including
charge-sheet, inspection and supply of copies of documents, production of
evidence, enquiry report, hearing if any on question of penalty and final
question of penalty and final action by competent authority.

SECTION-C
Compulsory/Premature Retirement
Principles of Equal Pay for Equal Work
Status and Rights of Adhoc Employees and their Regularization

SECTION-D

Principles for Determination of Seniority:

(a) Seniority based on date of Confirmation
(b) Seniority based on quo-rota rules
Adverse entries in Annual Performance Assessment Report (APAR)
Deputation

24
Suggested Readings:

• Doabia and Doabia, The Law of Services and Dismissals (2015) Lexis
Nexis, New Delhi.
• Markandey Katju, Domestic Enquiry (1999) Lexis Nexis, New Delhi.
• M.R. Mallick, Service Law in India
• Narendra Kumar, Law Relating to Government Servants and
Management of Disciplinary Proceedings
• N.Singh, Services and Disciplinary Actions : In Civil Services, PSUs and
Other Services

• Rosemary Kennedy and Jenny Richards, Integrating Human Service Law

and Practice (2007) Oxford University Press, New York.

• Samaraditya Pal, Law Relating to Public Service (2011) Lexis Nexis, New
Delhi

• S.T. Srinivasan, Kulshretha’s Service Laws and Constitutional Remedies

25
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-2021
3RD SEMESTER

(Group-I)
SUBJECT-ENVIRONMENT PROTECTION LAW-I
PAPER-XI

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25

Objective:The pristine environment has degraded due to non-judicious

activities of human beings. A comprehensive approach is required to tackle the
problem of environmental pollution and degradation. Various laws have been
enacted for the prevention, control and abatement of environmental pollution
and its protection. The course work is designed to provide in-depth knowledge
not only about various environmental hazardous but also about the laws
related to the protection and improvement of environment.

Learning Outcomes

• Conceptual clarity of subject

• Understanding the Jurisprudence of the subject
• Development of research abilities
• Development of critical thinking ability

SECTION-A
Global and National Environmental Issues and Problems: Air Pollution, Water
Pollution, Noise Pollution, Environmental Hazards related to Hazardous
Chemicals, Municipal Solid Waste and Hazardous Wastes Disposal.
The Water (Prevention and Control) of Pollution Act, 1974
The Air (Prevention and Control) of Pollution Act, 1981
Case Law
• M.C. Mehta versus Union of India AIR1988 SC1037
• M.C. Mehta versus Union of India 1997 (2) SCC353

SECTION-B
The Environment Protection Act, 1986
The Noise Pollution (Regulation and Control) Rules, 2000
Hazardous and Other Wastes(Management and Tranboundary Movement)
Rules, 2016
Case Law
• N.D.Jayal versus Union of India (2004) 9 SCC 362
• Farhd K. Wadia versus Union of India (2009) SCC 442

26
SECTION-C
The Chemical Accidents (Emergency) Planning, Preparedness and Response
Rules, 1996
The Plastic Waste Management Rules, 2016
The Solid Wastes (Management) Rules, 2016
Case Law
• Goodwill Plastic Industries versus Union of India 2013 All (1) NGT
Reporter (Delhi) 486
• AlmitraH.Patel versus Union of India Original Application No. 199 of
2014 decided on 22.12.2016 National Green Tribunal Principal Bench
Manu/GT/0150/2016

SECTION-D
Public Liability Insurance Act, 1991
The National Green Tribunal Act, 2010
The E-Waste (Management) Rules, 2016
Case Law
• M.C. Mehta versus Union of India AIR 1987 SC1086
• Save Mon Region Federation versus Union of Indian NGT Principal
Bench, M.A. NO. 104 OF 2012 (Arising Out of Appeal No. 39 OF 2012)

Suggested Readings:
• P.S.Jaswal and NishthaJaswal, Environmental Law, Pioneer
Publications, Allahabad Law Agency, Faridabad, 2017
• N.M. Swamy, N.Ranjit and N. Chaithanya, Law Relating to environmental
Pollution and Protection, Asia Law House, 2013
• LAL’S Commentary on Water and Air Pollution and Environment
(Protection) Laws, Revised by M.C. Mehta, Delhi Law House, 2007
• P. Leelakrishnan, Environmental Law in India, Third Edition, Lexis
Nexis, Butterworths, Nagpur, 2016
• E. John, A. Matthews, J. Patrick, SAGE Handbook of Environmental
Change Vol. I and II SAGE Publication, L.A. 2012
• P.B. Sahasranaman, Oxford Handbook of Environmental Law, Oxford
University Press, 2012
• Dr.VidyaBhagat, Environmental Laws Issues and Concerns, Regal
Publication, New Delhi, 2011
• RitwickDutta, The Environmental Activists Handbook, Published by
Socio-Legal Information Centre, Mumbai, 2002
• Donald Anton and Dinah L. Shelton, Environmental Protection and
Human Rights, Cambridge University Press, Cambridge, 2011
• Philippe Sand and Jacqueline Peel, Principles of International
Environmental Law Cambridge University Press, UK, 2018
• Ellen Hey, Advanced Introduction to International Environmental Law,
Edward Elgar Publishing Ltd, UK, 2016

27
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
3RD SEMESTER
(Group-I)
ENVIRONMENT PROTECTION LAW-II
PAPER-XII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective: The objective is attain a fair understanding of principles,

procedures, techniques and institutions that are engaged in adopting and
improving a states’ compliance with its al obligations in international law.

SECTION-A
Liability for Environmental Damage
State Liability and State Responsibility for Environmental Damage:
Defining Environmental Damage, Threshold at which environmental damage
entails liability, standard of care and reparation

The Work of International Law Commission on Prevention of Transboundary

harm and Allocation of Loss and 2001 Articles on State Responsibility

State practice and United Nations Compensation Commission‘s Report and

Recommendations Concerning the Third Installment of “F4” Claims
Environmental Damage

Civil Liability for environmental damage under international law: Scope ,

Issues and Challenges

SECTION-B
International Enforcement
Role of the International Courts and tribunals in enforcing and developing
international environmental law: Contentious cases, Advisory opinions and
Interim measures of Protection from the International Court of Justice;
International Tribunal on Law of Seas (ITLOS) and the European Court of
Justice.

SECTION-C
International Trade and Environment Protection
Trade measures in International Environmental Agreements
Unilateral Environmental Measures and International trade: the work of WTO
and its Committee on Trade and Environment

Contribution of WTO Dispute Settlement Body: Shrimp /turtle cases (1998 and
2001), Asbestos case (2000), Brazil Retreaded tyres (2007)
28
SECTION-D
Measures for health and safety protection: WTO‘s Agreement on Sanitary and
Phytosanitary Measures; Beef Hormones case, Autralia Salmon case (2000),
EC- Biotech case (2006)

Suggested Readings:

• Sands, Principles of International Environmental Law, Cambridge

University Press: Cambridge, 3rd edition (2012);
• Birnie, Boyle and Redgwell, International Law and the Environment,
Oxford University Press, 3rd edition (2009);
• Bowman, Davies and Redgwell Lyster’s International Wildlife Law,
Cambridge University Press, 2nd edition (2010);
• M. Evans (ed), International Law, Oxford University Press, 3rd edition
(2010),
• Brown Weiss, McCaffrey, Magraw, Tarlock, International Environmental
Law and Policy, 2nd Ed (2007)
• Dupuy, P M. and J. E. Vinuales, International Environmental Law: A
Modern Introduction (Cambridge University Press, forthcoming in 2014
• Hunter, D., J. Salzmann and D. Zaelke, International Environmental Law
and Policy (New York, Foundation Press, 4th ed. 2011
• Bell, S., D. McGillivray and O. W. Pedersen, Environmental Law (Oxford
University Press, 8th ed., 2013)

29
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
3RD SEMESTER
(Group-II)
SUBJECT: CRIMINOLOGY, PENOLOGY AND VICTIMOLOGY
PAPER-XIII
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective of the Course:

This course aims to make students understand the emerging and existing
principles of Criminology, Penology and Victimology. The objective of this
course is to encourage students to expand and use their imaginations to
understand the causes and consequences of criminality and infringement of
social norms and values. Beginning with the nature and scope of Criminology,
Penology and Victimology, this course will explore that why and what types of
crimes are increasing in the society, what are the factors responsible, how
crimes prevention can be done, how rehabilitation of criminals is possible, how
restorative justice can be provided to victims. This course is also designed to
recognize and explain macro-social inequities in crime and criminal justice
processes by race, social class, gender, region and age.

Learning Outcomes:
• Understanding of what criminology is and what it should be by applying
perspectives of justice, rather than limiting the focus to acts, which are
criminalized.
• Understanding of what penology is and what it should be by applying
perspectives of justice, rather than limiting the focus to acts, which are
penalized.
• Understanding of how and why the new concept of criminology such as
green criminology, media criminology, convict criminology, labeling
criminology, feminist criminology has become an important and fast
expanding field in critical criminology.
• Understanding of how the media frame crime, criminality and the notion
of victimisation in various contexts.
• Understanding of concept of vulnerability, victimization status of
different vulnerable groups, their causes, impact and the initiatives
taken by the government to resolve the issues.

30
 • Understanding of the concept of Restorative Justice and status of victim
in Criminal Justice Process emphasizing on the victim’s position during
the investigation and the trial process.

SECTION - A
• Criminology- Its Meaning, Nature and Scope
• Theories of Criminology: Sociological Theory of Criminology, Biological
Theory of Criminology, Psychological Theory of Criminology,
• Green Criminology
Judgments:
• Common Cause (A Regd. Society) vs. Union of India and Ors. W.P. (Civil)
215 of 2005 decided on 09.03.2018.
• Shayara Bano vs. U.O.I. & Others W.P.(C) -118 of 2016.

SECTION - B
• Convict Criminology
• Labeling Criminology
• Media Criminology
• Critical Criminology
Judgments:
• Navtej Singh Johar & Ors. Vs. U.O.I. (Ministry of Law and Justice
Secretary) W.P. (Criminal) No. 76 of 2016.
• Joseph Shine vs. Union of India W.P. (Criminal) No. 194 of 2017 decided
on 27.09.2018.

SECTION – C
• Penology: Meaning, Nature and Scope of Penology,
• Punitive Approach and the Contemporary Role of Punishment
• Death Sentence : The Global Perspective
Judgments:
• Independent Thought vs. Union of India W.P. 382 of 2013 decided on 11
Oct. 2017 SC.
• Mukesh & ors vs. State of NCT Delhi & Ors. Criminal Appeal No’s. 607-
608 of 2017 (Nirbhaya Case (Delhi Gang Rape and Murder case of 2012).

SECTION - D
Meaning, Nature and Scope of Victimology: Emerging trends in Victimology
Victims Role in Administration of Criminal Justice
Legal and Human Rights of Victims
World Wide Trend towards realization of Victims Rights
Restitutive, Compensatory, Assistive Justice to the Victims of Crime in India
Judicial Approach towards victims of crime

31
Judgments:

• Laxmi vs. Union of India W.P.(Criminal)129/2006 Order dated

10.04.2015.
• Nipun Saxena & Others vs. Union of India & Ors. W.P.(Civil) No. 565 of
2012.
Suggested Readings:
• Anthony Thalia & Cunneen Chris, The Critical Criminology
Companion,Hawkins Press, Sydney, 2008.
• Beirhe Piers and Messerschmidt James W., Criminology, Roxburg
Publishing Company, L.A., 2006.
• Burke Roger Hopkins, An Introduction to Criminological Theory, Willian
Publishing, USA, 2008.
• Davis Robert C, Arthur Lurigio and Susan Harman Victims of Crime, Sage
Publications, London 2007.
• Davis Pamela and Francis Peter, Greer Chir, Victims, Crime and Society,
Sage Publications, L.A. 2007
• Gaur K.D., Criminal Law and Criminology,Deep and Deep Publications,
New Delhi, 2002
• Jones Stephen, Criminology, Oxford University Press, New Delhi, 2007.
• McLaughlin Eugene & Newburn Tim, The Sage Handbook of Criminological
Theory, Sage Publications India Private Limited, Delhi, 2010.
• Miller J. Mitchell, 21st Century Criminology, Sage Publications India
Private Limited, Delhi, 2009Purvi Ramakand, Handbook of Criminology,
Dominant Publishers and Distributors, Delhi, 2006.
• Paranjpe N.Y., Criminology and Penology, Central Law Publications,
Allahabad, 2008.
• Rai, Sumain Law Relating Plea Bargaining, Orient Publishing Company, 2007
• Siddique Ahmed, Criminology: Problems and Perspective, Eastern Book
Company, Lucknow, 2008.
• Sutherland Edwin, Principles of Criminology, J.B. Lippincott,
Philadelphia, 1971.
• Talwar Parkash, Victimology, Isha Books, Delhi, 2006
• Tibbetts Stephen G. & Hemmens Craig, Criminological Theory, Sage
Publications India Private Limited, Delhi, 2010
• Walsh Anthony and Ellis Lee, Criminology An Interdisciplinary Approach,
Sage Publications, New Delhi, 2007.
• While Rob & Haines Fiona, Crime and Criminology, Oxford University
Press, Australia, 2004.

32
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE

SESSION 2020-21
3RD SEMESTER
(Group-II)
SUBJECT: ECONOMIC AND SOCIAL OFFENCES
PAPER-XIV
Duration: 3 Hours
Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective: Economic and Social offences affect the very fabric of the society.
India is a country where these offences have been rampant since ages. The
economic offences apart from causing the individual losses affect material
welfare of the community and pose hindrance in the overall progress of the
country. The Social offences have been affecting every section of the society be
it children, women or people belonging to Scheduled Cates or Tribes etc. Social
offences not only cause physical, mental, sexual harassment and violence to
the victim but also lead to violation of human dignity. This paper endeavors to
make extensive study of causes, extent and impacts of some of the major
issues affecting the masses in the country. It seeks to provide in-depth study of
laws enacted to prevent and curb these social and economic offences.

SECTION -A
• Socio Economic Offences: Meaning, Nature, Extent and Methods to curb
Social and Economic offences.
• Organ Trafficking and The Transplantation Of Human Organs Act,1994
• The Information Technology Act, 2000: Object, Scope and Efficacy,
Chapter IX (Section 43 -47) and Chapter XI (Section 65 – Section 78) of
The Information Technology Act, 2000.Cyber Crimes : Profile Hacking,
Information Theft, Photo Morphing, Shopping Scams, Software piracy,
Internet Frauds, Cyber Pornography- Sexual Exploitation/ Child
Pornography, Cyber Stalking, Detection and Prosecution of Cyber
Criminals
• The Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter IV :
Offences and Penalties (Section 15 to Section 40), Chapter V:Procedure
(Section 41-68)

SECTION -B
Offences Affecting Children
33
Pre Natal Diagnostics Techniques Act, 1994
Protection of Children from Sexual Offences Act, 2012
Offences against Children under The Juvenile Justice (Care and Protection Of
Children) Act, 2015 (Section 74 -89).

SECTION –C
Offences Affecting Women
Indecent Representation of Women (Prohibition) Act, 1986
Domestic Violence Act, 2005
Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013

SECTION -D
Offences Affecting Marginalized Group
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Prohibition of Employment as Manual Scavengers and their Rehabilitation
Act, 2012
The Transgender Persons (Protection of Rights) Act, 2019
Suggested Readings:
• Dr. Pratap S. Malik, Protection of Children from Sexual Offences Act,
2012, Universal Law Books, 2016.
• Justice Shri A.B. Srivastav and Anil Sharma, Commentaries on
Protection of Women from Domestic Violence, 2005 with Allied Laws, Law
Publisher (India) Pvt. Ltd., 2014
• S.P. Sen Gupta, Commentaries on Protection of Women from Domestic
Violence, 2005, Kamal Law House, 2014
• Justice P.S. Narayana, Commentary on Sexual Harassment of Women at
Workplace (Prevention, Prohibition and Redressal) Act, 2013, Universal
Law Books, 2014
• S. Malik, Commentaries on the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, Law Publishers (India) Pvt. Ltd., 2003
• R.P.Kataria : Law Relating to Narcotic Drugs and Psychotropic
Substances In India, orient Publishing Company, 2012.
• Bhargava, Digest of Narcotic Drugs & Psychotropic substances Act,
1985, Kamal Publishers, 2012.
• Lopamudra Sengupta's, Human Rights of the Third Gender in India:
Beyond the Binary, Routledge India Publication; 1 Edition.
• Dr. Sukanta Sarkar, LGBT Rights in Human Rights Perspectives, Global
Vision Publishing House; 1st edition (2016).
• Ved Kumari: The Juvenile Justice (Care and Protection of Children) Act,
2015: Critical Analysis, Universal Law Publishers, 2017.

34
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE

SESSION 2020-21
3RD SEMESTER
(Group-II)
SUBJECT: CORPORATE GOVERNANCE AND CORPORATE SOCIAL
RESPONSIBILITY

PAPER-XV
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25

Objective of the Course: Governance choices affect managerial behaviour and

the performance of the business entities. Corporate governance is
maximizing the shareholder value in a corporation while ensuring fairness
to all stakeholders, customers, employees, investors, vendors, the
government and the society-at-large. In a more globalised, interdependent
and ever-changing world, corporate governance reform has emerged as a
critical business issue, thrust on the world stage by the financial crisis and a
number of high profile corporate failures. The purpose of this paper is to
develop a sound understanding of corporate arena and to make the student a
more informed, critic-equipped and analyst of the corporate governance and
corporate social responsibility law. After going through the syllabus the student
is expected to have appreciated the need to practice good corporate governance
and corporate social responsibility in the corporate arena.

Learning Outcomes :
• To understand the relevance of ethics in business.
• To comprehend the theories and models of corporate governance.
• To appreciate the evolution and relevance of corporate governance in
India.
• To understand the co-relation of Corporate Governance and Insolvency
Bankruptcy Code.
• To have complete understanding of evolution and theories of Corporate
Social Responsibility.
• To understand the intricacies of Corporate Social Responsibility under
Companies Act, 2013.

SECTION-A
Business Ethics: Meaning, Importance and theories;
Corporate Governance: Origin, Theories and Models of Corporate Governance,
Models of Corporate Governance in India
Corporate Governance Committees in India
Case Study- Tynelol Crisis and Building a backdoor to the iphone: An Ethical
Dilemma
35
SECTION-B
Corporate Governance in India: Constitution of BOD. Sub-Committees of
Board, Role and responsibilities and Duties of Board/ its Sub-Committees
Independent Directors: Global and Indian Perspective.
Corporate Governance and Insolvency Bankruptcy Code, 2016
Legislative framework for Corporate Governance: under the Companies Act,
2013, the Securities and Exchange Board of India Act, 1992,
Case Study: Enron and Satyam.

SECTION-C
Corporate Social Responsibility (CSR): Meaning and Evolution of CSR,
Arguments for CSR, Dimensions/Activities, Role of Stakeholders, Triple Bottom
Line Approach, CSR Practices in India, Factors influencing CSR, CSR in
Corporate Strategy.
Case Study: Nestle CSR Case Study and Walmart Store Inc. v/s Dukes et al. (2011)

SECTION-D
CSR under the Companies Act, 2013, CSR Committee, the Corporate Social
Responsibility (Policy) Rules 2014, Guidelines - Voluntary Guidelines 2009,
National Guidelines on Social, Environmental and Economic Responsibility of
Business, Corporate Sustainability- Sustainability Reporting (Concept),
Business Responsibility Reporting in India.
Case Law: Security Prinitng & AMP, Minting Corporation of India Ltd., New Delhi v.
IT, New Delhi (IT Appellate Tribunal, 21 March 2018)
M/s Cochin Shipyard Ltd., Cochin v. The ADCIT, Cochin (IT Appellate Tribunal, 23
March, 2017)

Suggested Readings:
• Brian D. Fitch, Law Enforcement Ethics, Sage Publications, Inc., 2014
• InderjitDube, Corporate Governance, Lexis NexisButterworthsWadhwa,
2009.
• Cadbury, Adrian, Corporate Governance and Chairmanship: a personal
view, Oxford University Press, 2003.
• Monks, Robert A.G., Corporate Governance, Blackwell Publishers, 2001.
• McGregor, Lynn, The human face of Corporate Governance, Palgrave
Publishers, 2000.
• Goergen, Marc, Corporate Governance and Financial Performance,
Edward Dlgar, 1998.
• Gupta, LC., Corporate Boards and Nominee Directors, Oxford University
Press,1989.
• N. Gopalasamy, Corporate Governance, Wheeler Publishing, 1998.
• Philip Kotler, Nancy Lee, Corporate Social Responsibility, John Wiley &
Sons Inc. 2005.

36
• Mark S. Schwartz, Corporate Social Responsibility: An Ethical
Approach, 2011.
• Subhabrata Bobby Banerjee, Corporate Social Responsibility: The Good,
the Bad and the Ugly, 2007.

Statutory Material

• The Companies Act, 2103

• The Securities and Exchange Board of India Act, 1992

Suggested Articles

• Aguilera, R.V. “Corporate governance and director accountability: An

institutional comparative perspective.” British Journal of Management,
16(s1), 2005: S39-S53.
• Bainbridge, S.M. “Corporate Governance after the Financial Crisis” New
York: Oxford University Press, 2011.
• Baker, H.K. & Anderson, R., eds. “Corporate Governance: A Synthesis of
Theory, Research, and Practice” Hoboken, NJ: Wiley & Sons, 2010.
• Caplan, G.R. & Markus, A.A. “Independent Boards, But Ineffective
Directors.” The Corporate Board, March/April 2009: 1-4.
• Clarke, T. & Branson, D. The SAGE Handbook of Corporate Governance.
Thousand Oaks, CA: Sage, 2012.
• Larcker, D. &Tayan, B. Corporate Governance Matters. Upper Saddle
River, NJ: Pearson, 2011.
• Ireland, P. “Limited Liability, Shareholder Rights and the Problem of
Corporate Irresponsibility” Cambridge Journal of Economics, 34(5),
2010: 837-856.
• Soares, C. “Corporate Versus Individual Moral Responsibility” Journal of
Business Ethics Vol. 46, 2003, pp: 143-150.
• Smith, N. “Corporate Social Responsibility: Whether or How?” California
Management Review Vol. 46, 2003, No. 4 pp. 52-73.
• Greenfield, W.M. “In the Name of Corporate Social Responsibility”
Business Horizons Vol. 1, 2004, pp.19-28.

37
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
3RD SEMESTER
(Group-II)
SUBJECT-BANKING AND INSURANCE LAW
PAPER-XVI

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25

Objective: This course is designed to acquaint the students with the

conceptual and operational parameters of banking law and insurance law, the
judicial interpretation, and the new and emerging dimensions of both the
insurance as well as banking sector.

Bank and the banking system evolved into a vital socio-economical institution in the
modern age and backbone of any country. This has been largely influenced by the
socio-political and economic changes that have been witnessed at large. As a
developing state, India has been influenced by these developments which led to the
evolutionary effect on banking structure, policies, patterns and practices. A study of
these developments reveals the development from banking as a generic entity to
specialized one. One could quote Commercial banks, Cooperative Banks, Development
Banks and Specialized Banks as a paradigm. The evolutionary process still continues
with global phenomenon of liberalization. This has witnessed the entry of Foreign
Banking Companies in the Indian market leading to deviation in the banking policy.
Moreover new means such as E- Banking and E-Commerce has made it essential that
the Indian legal system adopt new modus operandi to cope with the modern scenario.

Learning Outcome: In a backdrop of the above scene, the course is designed to

enlighten the students with:
• The conceptual and legal parameters including the judicial interpretation of banking
law.
• New emerging dimensions in banking system including e-commerce and e-banking.
• An abridged comparative analysis of International Banking System with that of
banking system in India.

SECTION-A
Nature and development of Banking
Bank nationalization and social control over banking
Banking: Definition, Different kinds of Banks and Functions
Recovery of debt by banks
Banker and Customer- Relationship between Banker and Customer,
Termination of Banker and Customer Relationship

Judgment
Shanti Prasad Jain vs Director of Enforcement AIR 1964 SC 29
38
Case study
Rustam Cawasjee Cooper vs UOI AIR 1970 SC 564

SECTION-B
Special Features of Relationship between Banker and Customer- Banker’s
Obligations, Banker’s right, Obligation and right of customers to his banker,
Negotiable Instruments- Definition
Essential Features of Negotiable Instruments
Promissory Note, Bill of exchange and Cheque
Dishonor of Cheques: statutory provisions with cases

Judgment
Central Bank of India vs Ravindra and Ors, (2002) 1 SCC 367

Case study
Dashrath Rupsingh Rathod vs State of Maharashtra & Anr, (2014) 9 SCC 129

SECTION-C
Meaning and Nature of Insurance
Principles of Insurance
Types of Contact of Insurance
The Risk – commencement, attachment, assignment

Judgment
Bharat Watch Company vs National Insurance Co Ltd (April 2019)

Case study
United India Insurance Co. Ltd vs Sunny Dias (February 2018)

SECTION-D
Insurance against 3rd party (relevant provisions from Motor Vehicle Act 1988)
Liability Insurance
Consumer protection for Banking and Insurance services
Insurance Regulatory and Development Authority Act, 2000:- Establishment,
Composition, Duties, Powers and Functions

Judgment
United India Insurance Co. Ltd vs Sumitra (January 2018)

Case study
National Insurance Co. Ltd vs P. Suresh (September 2018)

Suggested Readings:
Legislations
• Banking and Regulation Act, 1949
• Consumer Protection Act, 2019

39
 • Enforcement of security interest and Recovery of Debts Laws and
Miscellaneous provisions (Amendment) Act 2016
• Insurance Regulatory and Development Authority Act, 2000
• Motor Vehicle Act, 1988
• Recovery of Debt due to Banks and Financial Institutions Act, 1993
• Reserve Bank of India Act, 1934
• Securitization and Reconstruction of Financial Assets and enforcements
of security interest Act, 2002

Books
• Basu, A. Review of Current Banking Theory and Practice (1998)
MacMillan
• Birds, John, Modern Insurance Law, 2003, Universal Publishing Co.
• Birds, John, Modern Insurance (1997), Sweet & Maxwell
• C. Goodhart, The Central Bank and the Financial System (1995),
Macmillan, London
• Gupta, S. N., The Banking Law in Theory and Practice (in three volumes),
2006,Universal Law Publishing Co.
• Janakiraman Committee Report on Securities Operation of Banks and
Financial Institution (1993)
• K. Subrahmanyan, Banking Reforms in India (1997) Tata Macgraw Hill,
New Delhi.
• K.C. Shekhar, Banking Theory and Practice (1998) UBS Publisher
Distributors Ltd. New Delhi
• L.C. Goyle, The Law of Banking and Bankers (1995) Eastern
• Mitra, The Law Relating to Bankers' Letters of Credit and Allied Laws,
(1998) University BookAgency, Allahabad.
• M.L. Tannan, Tannan's Banking Law and Practice in India (2017) India
Law House, New Delhi, 3 volumes, 27th ed
• M. Hapgood (ed.), Pagets' Law of Banking (1989) Butterworths, London
• M. Dassesse, S. Isaacs and G. Pen, E.C. Banking Law, (1994) Lloyds of
London Press, London
• M.N. Sreenivasan : Law and the Life Insurance Contract (1914)
• Mishra, M.N., Law of Insurance Principles and Practice, 2008,
Radhakrishan Prakashan
• Murthy, K.S.N., and Sarma, K.V.S., Modern Law of Insurance in India,
2002 Lexis Nexis Butterworth
• Nainta, R.P., Banking System, Frauds and Legal Control, 2005, Deep and
Deep Publications
• Narasimham Committee report on the Financial System (1991)- Second
Report (1999)
• Peter Mac Donald Eggers and PatricFoss : Good faith and Insurance
Contracts (1998) LLP Asia, Hongkong
• R. Goode, Commercial Law, (1995) Penguin, London.
• R.K. Talwar, Report of Working Group on Customer Service in Banks
40
• R.S. Narayana, The Recovery of Debts due to Banks and Financial
Institutions Act, 1993(51 of1993), Asia Law House, Hyderabad.
• Ross Cranston, Principles of Banking Law (1997) Oxford.
• Ross Cranston (ed.) European Banking Law: The Banker-Customer
Relationship (1999) LLP,London
• S. Chapman, The Rise of Merchant Banking (1984) Allen Unwin, London
• Sharma, B.R. and Nainta, R.P., Principles of Banking Law and Negotiable
Instruments Act 2004, Allahabad Law Agency
• Shah, M. B., Landmark Judgments on Insurance, 2004, Universal
Publishing Co.
• V. Conti and Hamaui (eds.), Financial Markets' Liberalization and the
Role of Banks', CambridgeUniversity Press, Cambridge, (1993).

41
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
4TH SEMESTER
(Group-I)

SUBJECT: COMPARATIVE PUBLIC LAW

PAPER:XVII

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25

Objective: The subject will deal with the conceptual and theoretical
foundations of public constitutional law from a comparative perspective. The
dimensions covered i.e. theoretical, methodological and case studies will help
reach a better understanding of the subject. It will cover comparative aspects
pertaining to the essentials of federalism, constitutional judicial review, the
amending power and public safety under the constitution.

SECTION-A
Concept of Public Law and Constitution
Meaning and Scope of Public Law
Significance of Comparative Public Law - Constitutional Law, Administrative
Law and Criminal Law
Public Law and Private Law Divide
Written and Unwritten Constitutions
Constitution, Constitutionalisation & Constitutionality

SECTION-B
Constitutional Federalism, Judicial Review & Rule of Law
General features of a federal system as opposed to a unitary system
Models of Federalism
USA
India
Concept & Origin of Judicial Review
Constitutional Judicial Review
From Marbury to Keshavnanda
Rule of Law: A Comparative Study
USA
UK
India

SECTION-C
Constitutional Amending Powers; Originalism & Constitutionalism
Methods of Amendment
Theory of Constituent Power
Limitations on Amending Power: Comparative Perspective USA & India
42
Theory of Basic Structure: Origin & Development
Originalism
Living Constitution
Constitutionalism: Concept, Features and Relation between Constitution and
Constitutionalism

SECTION-D
Separation of Powers: US, India
Montesquieu’s Theory
The relations between organs of the State: A Comparative Study
Public Interest Litigation: US, India
Locus Standi
Judicial Activism
Judicial Accountability

Suggested Readings:
• DD. Basu, Comparative Constitutional Law (2nd ed., Wadhwa, Nagpur)
• M.V. Pylee, Constitutions of the World (Universal, 2006)
• Mahendra P. Singh, Comparative Constitutional Law (Eastern Book
Company, 1989)
• Sudhir Krishna Swamy, Democracy and Constitutionalism in India-A
Study of the Basic Structure Doctrine (Oxford University Press, 2009)
• S.P. Sathe, Fundamental Rights and Amendment of the Indian
Constitution (1968)
• H.M. Seervai, Constitutional Law of India (Universal Publications, 2002)
• H.M. Seervai, The Emergency, Future Safeguards and the Habeas Corpus:
A Criticism (1978)
• Anirudh Prasad, Judicial Power and Judicial Review (Eastern Book
Company, Lucknow)
• John F. McEldowney, Public Law (Sweet & Maxwell, London)
• De Smith’s, Judicial Review (Sweet & Maxwell, London)
• K.C. Wheare, Federal Government (Oxford University Press)
• Wade & Philips, Constitutional Law (Longmans, Green)
• Vikram David Amar, Mark Tushnet, Global Perspectives on Constitutional
Law (Oxford University Press, 2009)

43
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
4TH SEMESTER
SUBJECT: ENVIRONMENTAL LAW AND POLICY
PAPER:XVIII

(Group-I)
Objective:-The paper aims to provide in-depth understanding about various
environmental issues and challenges. Apart from creating inquisitiveness
related to these issues the objective of the course work is to develop analytical
faculties and to have proactive approach for protection and restoration of
environment. The paper also focuses on study, analysis and implementation of
national and international legal provisions and policies related to these issues.
The case studies would help students in understanding the problem at
grassroots level.

Learning Outcomes

• Conceptual clarity of subject

• Understanding the Jurisprudence of the subject
• Development of research abilities
• Development of critical thinking ability

SECTION-A
Environmental Justice Meaning and Scope
Environment and Human Rights Issues
Sustainable Development

Case Law:
Vellore Citizens’ Welfare Forum versus Union of India (1996) 5 SCC 647
A.P. Pollution Control Board versus M.V. Nayudu (1999) 2 SCC 718

SECTION-B
Climate Change
United Nations Framework Convention on Climate Change
Kyoto Protocol
India’s National Action Plan on Climate Change
Paris Agreement and beyond

Case Study
Climate Change A Just Climate Agreement: The Framework for an Effective
Global Deal, Sunita
Narainhttps://www.undp.org/content/dam/india/docs/undp_climate_change.
pdf, pages 7-16

44
SECTION-C
Hazardous Waste Management: Hazardous wastes dumping and disposal and
their impact on environment
Basel Convention on the Control of Tran-boundary Movement of Hazardous
Waste and their Disposal 1989
The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989

Case Study
Beyond The Ban – Can The Basel Convention Adequately Safeguardthe
Interests of the World’s Poor in the International Trade of Hazardous Waste?
Alan Andrews, Law, Environment and DevelopmentJournal
http://www.lead-journal.org/content/09167.pdf

Section-D
Loss of Biological Diversity and Environmental Concerns
United Nations Convention on Biological Diversity 1992
Cartagena Protocol on Bio safety to the Convention on Bio Diversity 2000
Biological Diversity Act, 2002
Case Study
Case studies in the conservation of biodiversity: degradation and threats
http://www.the.eis.com/data/literature/Case%20studies%20in%20the%20con
servation%20of%20biodiversity%20degradation%20and%20threats.pdf

Suggested Readings:

• P. Leelakrishnan, Environmental Law in India, Lexis Nexis, Butterworths,

Nagpur, 2016
• E. John, A. Matthews, J. Patrick, SAGE Handbook of Environmental
Change Vol. I and II SAGE Publication, L.A. 2012
• P.B. Sahasranaman, Oxford Handbook of Environmental Law, Oxford
University Press, 2012.
• SairamBhat, Natural Resources Conservation Law, SAGE Publication,
L.A., 2011
• Jane Holder and Maria Lee, Environment Protection Law and Policy,
Cambridge University Press, Cambridge, 2007.
• Dr.VidyaBhagat, Environmental Laws Issues and Concerns, Regal
Publication, New Delhi, 2011
• ArunaVenkat, Environmental Law and Policy, Publisher New Arrivals,
New Delhi, 2017
• Daniel Bodansky, JuttaBrunnee& Ellen Hay, The Oxford Handbook of
International Environmental Law, oxford University Press, Oxford, 2007
• RitwickDutta, The Environmental Activists Handbook, published by Socio-
Legal Information centre, Mumbai, 2002.
• Stuart Bell, Donald McGillivray, The Law and Policy Relating to the
Protection of The Environment, Oxford university Press, Oxford, 2004
45
• Donald Anton and Dinah L. Shelton, Environmental Protection and
Human Rights, Cambridge University Press, Cambridge, 2011
• P.S.Jaswal and NishthaJaswal, Environmental Law, Pioneer Publications,
Allahabad Law Agency, Faridabad, 2017
• SairamBhat, Natural Resources ConservationLaw, SAGE Publication,
L.A., 2010
• John S. Dryzek, David Schlosberg, Debating the Earth the Environmental
Politics Reader, Oxford University Press, Oxford 2005.
• Rohan D’ Souza, Environment, Technology and Development, Edited, EPW
Orient Black Swan, New Delhi, 2012
• Patricia Birnie, Alan Boyle and Catherine Redgwell, International Law
and the Environment, Oxford University Press, New York, 2009.
• Daniel Bodansky, JuttaBrunnee, and LavanyaRajamani, International
Climate Change Law, Oxford University Press, United Kingdom, 2017
• ICLG Environment and Climate Change Law2019, A Practical Cross-
border Insight into Environment and Climate Change Law, 16th Edition
Editor, Nicholas CatlinPublished by Global Legal Group, 2109
• Regina S. Axelrod and Stacy D. VanDeveer,The Global Environment
Institutions, Law and Policy 5th Edition, , Sage Publishing, 2019

46
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
4TH SEMESTER
(Group-II)
SUBJECT-CORPORATE CRIMES AND WHILTE COLLAR CRIMES
PAPER-XIX

Duration: 3 hours Maximum Marks: 100

Theory Paper: 75
Seminar: 25
Objective: In the present global scenario the role of corporation are incredible
but on the other hand the cases like Bhopal Gas Tragedy, Satyam and Sahara
Scam has made it essential to attribute criminal liability to companies. The
Course focuses on the criminality of privileged classes, State and business
entities. The course will help the student to acquaint with the legal system of
corporate crimes and white collar crimes. The course will help the students to
understand and analyse the patterns of emerging corporate & white collar
crimes in the societal context.

SECTION-A
Understanding Corporate Crimes and their impacts
Meaning and Forms of Corporate Crimes
Crimes committed against companies (by own employees/executives)
Crimes committed by companies against its stakeholders
White Collar crimes by executives and managers

SECTION-B
Historical background of Corporate Crimes
Impacts of these crimes on a corporation’s various stakeholders (including
direct and indirect industry damage and reputational damage) such as the
employees, the public, customers, environment, middlemen, investors,
shareholders, government and competing companies.
Corporate Criminal Liability
Extent of criminal liability

SECTION-C
Defining and Assessing White Collar Crimes
Historical Background
Theories of White Collar Crimes
Sub-cultural Theory
Structured Action Theory

47
 Anomie Theory
Typology of White Collar Crimes

SECTION-D
Controlling/Regulating White Collar Crimes
Self Control (special focus on resistance to Insider trading)
Whistle Blowing
Government Control
Legal Control – Prosecution
Media Influence and impact (impact of throwing limelight on these crimes
publicly
Suggested Readings:

• Gandhirajan, C K 2004, Organised crime, A P H Publishing Corporation

• Nair, P M 2002, Combating Organized crime, Konark Publishers
• Cambridge University Press, 2001, White Collar Crime Explosion: How to
protect yourself and your company from prosecution
• Viano, Emilio C 2000 Global Organized Crime and International Security,
Ashgate Publishing Limited
• Situ, Yingyi, 2000, Environmental Crime: The Criminal Justice System,s
Role in Protecting the Environment, Sage Publications, New Delhi.
• Viano, Emilo C, 1999, Global Organized Crime and International
Security, Ashgate, Aldershot
• Mishra, Girish, 1998,White-collar Crimes, Gyan Publishing House, New
Delhi
• Lyman, Michael D, 1997, Organized Crime, Prentice Hall, Upper Saddle
River
• Lyman, Florentini&Peltzman, 1995, The Economics of Organised Crime,
Cambridge University Press
• Bologna, Jack, 1984, Corporate Fraud, Butterworth Publishers
• Clinnard, Marshall B, 1983, Corporate Ethics & Crime, Sage Publications
• Clinard B & Yeager C Peter, 1980, Corporate Crime, McMillan Publishing
Co.,
• SachdevaUpdesh Singh, 1987, Frauders and Bankers : Prevention and
DetectionTechniques, UDH Publishing House, Delhi.
• Paranjapa NV, 2001, Criminology and Penology 2nd edition, Central
LawPublication Allahabad.

48
 MASTER OF LAWS-TWO YEAR (4 SEMESTER) DEGREE COURSE
SESSION 2020-21
4TH SEMESTER
(Group-II)
SUBJECT: INTERNATIONAL TRADE LAW
PAPER: XX
Duration: 3 hours Maximum Marks: 100
Theory Paper: 75
Seminar: 25
Objective: International trade laws are the collection of national and public
international laws which apply to transactions of goods and services across the
globe. It is primarily based on the principle of lexmercatoria and lexmaritimai.e,
"the law for merchants on land" and "the law for merchants on sea" and has
gradually developed from a bilateral treaty to the multilateral treaty regime
under the WTO. This paper is offered to understand the provisions of
International Trade under the UNCITRAL and WTO dealing with trade
liberalization, abolition of trade barriers, unfair trade practices, dispute
resolution mechanism, anti-dumping provisions, countervailing duties and
Convention of International Sales of Goods.
SECTION-A
Private law of International Trade: The UN Convention on Contracts for the
International Sale of Goods (VIENNA SALES CONVENTION, 1980) - Application
of the Convention; General provision of formation of contract of sales of goods;
The UNIDROIT Principles of International Commercial Contracts;

SECTION-B
International Commercial Trade Terms- INCOTERMS 1990
Carriage of Goods by Sea— Bill of Lading or Charter Party; International
Convention on the Unification of Certain Rules relating to Bills of Lading
(Hague Rules) and Rotterdam Rules
Carriage of Goods by Air; Convention for the Unification of Certain Rules
Relating to International Carriage by Air (WARSAW CONVENTION) WARSAW,
1929;
Financing Exports: Letters of Credit: Forms and Types Documentary Credit;
The Principle of Autonomy of the Letter of Credit

SECTION-C
Public Law of International Trade: Historical Background of the GATT, 1947;
Evolution of the WTO, 1994- Structure, Principles and Functions; Non-
discrimination Provisions in WTO; Voluntary Export Restraint and WTO;
Agreement on Safeguards; Agreement on Anti-Dumping; Custom Valuation and
WTO; Special and Differential Treatment under the WTO;

SECTION-D
Agreement on Subsidies and Countervailing Measures; Trade in Agriculture;
Agreement on the Application of Sanitary and Phytosanitary Measures;
49
Agreement on Technical Barriers of Trade; TRIPS; TRIMS; Trade in Services;
Dispute Settlement Body (DSB) in WTO

Suggested Readings:
• INTERNATIONAL TRADE AND BUSINESS: LAW, POLICY AND ETHICS,
Professor Peter Gillies, Professor GabriëlMoens, Cavendish Publishing
(Australia)
• Gupta, R. K., World Trade Organization- Text (2Vols)
• Adamantopoulos, Konstantinos, An Anatomy of the World Trade
Organisation(Kluwer Law International, 1997).
• Correa, Carlos. M, IPRs, The WTO and Developing Countries (Zed Books
Ltd, London, 2000).
• Day, D. M. and Griffin, Bernardette, The Law of International. Trade
(Butterworths and Lexis Nexis, London, 2003).
• Dijck, Pitol, Vom and Faber, Gemit, Challenges to the New World Trade
Organisation(Kluwer Law International, The Netherlands, 1996).
• Honnold, John, Unjform Law for International Sales under the 1980
United Nations Sales Convention (Kluwer Law International, The Hague,
1982).
• Jayaraj, C. &Govindaraj, V. C, Non- Resident Indians and Private
International Law (ISIL & Hope India Publications, New Delhi, 2008)
• Kleso, Robert, International Law of Commerce (Denim’s and Co, New
York, 1976).
• Meron, Theodor, Investment Insurance in International Law (Oceana
Publiactions, 1976).
• Moens, Gabriel and Giles, Peter, International Trade and Business Law,
Policy and Ethics (Canadian Publishing, London, 1998).
• Goyal, Anupam, The WTO and International Environmental Law: Towards
Conciliation (OxfordUniversity Press, New Delhi, 2006).
• Koul, A. K., The General Agreement on Tariffs and Trade: GATT/World
Trade Organisation (WTO) Law, Economic and Politics (Satyam Books,
New Delhi, 2005).
• Thommem, T. Kochu, Bills of Lading in International Law and Practice
(Eastern Book Company, Lucknow, 1984).
• P. Kindleberger, International Economics (Richard Irwin Homewood,
Illinois, Indian Edition 1987).
• B.O. Soderston, International Economics, (McMillan Press Ltd., 1990).
• Dominick, Salavatore, International Economics, (John Wiley & Sons (Asia)
pte Ltd.7th edition, 2001).
• Bhagwati,J.N, International Trade: Selected Readings (McMilan
University Press,1998).
• Krugman P.R. and Obstfeld Maurice, International Economics-Theory and
Policy (Addison-Wesley, 2000)

********************
50