SEMESTER-III

INDIAN POLITICAL SYSTEM: LAW POVERTY AND INDIAN SOCIETY:

INSTITUTIONAL AND DEVELOPMENT STRUCTURE AND
POLITICAL DYNAMICS PROCESSES

FAMILY LAW-II LAW OF TORTS CONSTITUTIONAL

GOVERNANCE-I

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INDIAN POLITICAL SYSTEM: INSTITUTIONAL AND
POLITICAL DYNAMICS

Faculty Aashutosh Kumar Year/ Semester 2/III

Aahire

Course Name Indian Political No. of Credits 4

System:
Institutional and
Political Dynamics

Course Code - Each Session Duration 60 Minutes

60
No of Lecture Pre-requisite None
Hours
The main objective of the present course Indian Political System:
Course Objective
Institutional and Political Dynamics is to present a systematic analysis
&
of all the major dimensions of Indian Political System. What better way
Pedagogy
can there be to get introduced to political system than through the politics
of country? That is what the course does. The study of the Indian political
system is a window to understanding politics in society. The course will
present a comprehensive picture of the way Indian political system has
been working and the way it shapes institutions India. This course is not
just about legal provisions and technical details of in Indian constitution,
it is about how institutions are shaped through interaction with actual
politics. The course will introduce you to the idea of political system and
the account of the making and working of constitutional institutions. This
course responds to the curiosity about why a particular arrangement in the
constitution was adopted and why not some other, how the institutions
grow in the company of actual politics. That is why the contents of the
course do not stop at 1950, in fact start off at 1950 and take you to some
instances drawn from the political history of the last seventy years or
more.

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 The course will be taught by Lectures, PPTs Articles, discussion on
Current Events etc.

EVALUATION COMPONENTS

Components of Course Evaluation Distribution

PROJECT 20 Marks

Mid Term Examination 20 Marks

End term Examination 60 Marks

Total 100 Marks

COURSE PLAN

S.No. Topics Lecture Sessions

1. Meaning, Nature and Type of Political Systems 6

The Constitution of India:
2. 4
Fundamental Rights, Directive Principles of State Policy
3. and Fundamental Duties 6
Union Executive
4. 7
Union Legislature:
5. 6
Judiciary:
6. 6

7. The State Executive 4

Centre State Relations: Areas of Conflict
8. 6

9. Pressure Groups and Political Parties 6

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 10. Local Self-Government in India: 5

11. Wrap up and Revision 4

Readings: -

Outlined in the detailed course syllabus

DETAILED SYLLABUS FOR (B.A.LLB. HONS.) POLITICAL SCIENCE

1. Meaning, Nature and Type of Political Systems:

Meaning of Political System, Characteristics of Political Systems

Type of Political Systems: Democratic Versus Authoritarian, Parliamentary Versus

Presidential, Federal Versus Unitary
Indian Political System: Structure and Functions

2. The Constitution of India:

The Preamble to the Constitution of India: Salient features of the Indian Constitution

3. Fundamental Rights, Directive Principles of State Policy and Fundamental Duties:

Constitutional provisions and political dynamics

4. Union Executive:
President, Prime Minister and the Council of Ministers

5. Union Legislature:
The Parliament- Powers and functions of the Lok Sabha & Rajya Sabha; Functioning of
the Parliamentary System in India.
6. Judiciary:
The Supreme Court, Judicial Review, Public Interest Litigation, Judicial Activism and
Judicial Reforms

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7. The State Executive:
Governor, Chief Minister and the Council of Ministers

8. Centre State Relations: Areas of Conflict

Legislative, Administrative and Financial Dimensions
Goods and Services Tax, The Constitution (101st Amendment) Act, 2016

9. Pressure Groups and Political Parties:

Pressure groups in Indian politics: Role and Significance, Types of Pressure Groups

Party System in India:

National Parties – Ideology and Social Bases
Regional and State Parties - Ideology and Social Bases
Fragmentation of the Party System in India
Coalition Politics and Governmental Instability in India

10.Local Self-Government in India:

Local Self-Government and Panchayati Raj; Structure, Power & Functions Significance
of 73rd and 74th Constitutional Amendments
Changes in the Rural Power Structure and Empowerment of the Marginalized Groups

Text Books:

• Peu Ghosh, Indian Government and Politics, PHI Learning Pvt. Ltd. Delhi, 2017.
• Subhash C. Kashyap, Our Political System, National Book Trust, New Delhi, 2008.
• Hoveyda Abbas, Ranjay Kumar and Mohammed Aftab Alam, Indian Government and
Politics, Dorling Kindersley (India) Pvt. Ltd., licences of Pearson Education in South Asia,
New Delhi, 2011.
• Durga Das Basu, Introduction to the Constitution of India, Prentice Hall, New Delhi, 1992.

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Suggested Readings:
1. Granville Austin, The Indian Constitution: Cornerstone of a Nation, Oxford University Press,
New Delhi. 1999.
2. Granville Austin, Working Democratic Constitution: A history of the Indian
Experience, Oxford University Press, New Delhi, 1999
3. W. H. Morris Jones, The Government and Politics of India, Hutchinson university library:
Politics, 1971.
4. A.C. Kapoor, Principles of Political Science, S. Chand Publications, New Delhi, 2010.
6. J. R. Siwach, Dynamics of Indian government and politics, Sterling Publishers, New Delhi,
1990.
7. M. P. Singh and Himanshu Roy, Indian Political System, Pearson India Education Services
Pvt. Ltd, New Delhi, 2018
8. Rajni Kothari, Politics in India, Orient Blackswan, New Delhi, 1970.
9. M.P. Singh and Rekha Saxena, Indian Politics: Constitutional Foundations and Institutional
Function, PHI Learning Pvt. Ltd., New Delhi, 2011.
10. Zoya Hasan, Themes in Politics: Parties and Party Politics in India, Oxford University Press,
New Delhi, 2006.
11. A. P. Awasthi, Indian Government and Politics, Laxmi Narayan Agarwal Publications, Agra,
2001.
12. S.P. Sathe, Judicial Activism in India: Transgressing Borders and Enforcing Limits, OUP,
New Delhi, 2002.
13. Bishnu C. Barik and Umesh C. Sahoo, Panchayati Raj Institutions and Rural Development:
Narratives on Inclusion of Excluded, Rawat Publications, Jaipur, 2008.
14. J C Johari, Indian Government and Politics, Shoban Nagin Lal & Co. 2001.
15. J C Johari, Constitution of India (3rd Revised Edition), Sterling Publishers Pvt. Ltd., New
Delhi. 2004.
16. J C Johari, Indian Polity, Lotus Press Publisher, New Delhi, 2009.
17. Bidyut Chakrabarty and Rajendra Kumar Pandey ‘Indian Government and Politics’, Sage
Publications, Delhi, 2008.
18. A S Narang, Indian Govt. and Politics, Gitanjali Publishing House, 1987.
19. K.K. Ghai, Indian Government and Politics, Kalyani Publishers, New Delhi, 2007.

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 LAW, POVERTY AND DEVELOPMENT
Course Name LAW, POVERTY Course Teacher Dr. Eritriya Roy
AND
DEVELOPMENT

No. of credit 4 No. of Lecture 60

Hours

Course Objectives:
The objectives of this paper
• To get broad understanding of basic concepts of economics of poverty and development
and understanding their relationship in law with reference to India.
• To analyze the role of legal resources in combating poverty and issues of development
through the prism of human rights framework.

Evaluation Components:

Components of Course Evaluation Distribution

PROJECT 20

Mid Term Examination 20

End term Examination 60

Total 100

Unit 1- Poverty and Poverty in India lectures-25

✓ Legal perspective on poverty

✓ Different Definitions and Concepts of Poverty

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✓ Scope, Causes and Measurement
✓ National and International Poverty line
✓ Human Poverty
✓ United Nations Organisation -MDG
✓ Principles and role of International institutions and Government in reduction of poverty-
Poverty reduction initiatives of ILO

Unit 2-Economic Development and Economic lectures-10

Development in India

✓ Meaning, Factors affecting economic development

✓ Developmental Indicators
✓ Human Development in India
✓ Issues related to development
✓ Right to Development

Unit 3- Poverty and development: Policies lectures-5

and Programmes

✓ Poverty Alleviation Schemes in India

✓ Rural Development Schemes in India, Area Development Schemes in India
✓ Programmes related to Human Development

Unit 4- Human Rights and Laws relating to lectures-12

Vulnerable Groups in India

✓ Indian Constitution and Its Salient features

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 ✓ Human Rights &Right to basic needs and welfare- Right to Food and Food Security Act,
Right to Education, Right to Water & Sanitation, Right to Health, Right to Work, Right to
Information, Right to shelter
✓ Equality and Protective Discrimination- Laws relating to Scheduled Castes, Scheduled
Tribes
✓ Human Rights Violation and legal protection -Bonded labour, Abolishment of Bonded
labour, Rural Labour, Child Labour, Labours in informal sector of Indian economy
✓ Schemes for protection of vulnerable groups in India

Unit 5- Poverty and access to securing justice lectures-5

✓ Right to free legal aid

✓ Legal Aid Movement in India,
✓ NALSA Act
✓ Existing System of Legal Aid in India
✓ Lok Adalats

Unit 6-Human Rights and lectures-3

developmental schemes

✓ Developmental schemes on Right to food, Right to shelter, Right to Education,

Right to Water & Sanitation, Right to Health, Right to Work.

Reference books and recommended readings:

✓ Dreams and Realities of Rural Development in India, Kalpaz Publications
✓ Economic Inequality and Poverty: International Perspectives: International Perspectives,
Routledge; 1 edition (28 January 2019)
✓ Human Rights and Development, Oxford University Press.
✓ Law, Poverty & Development, Lexis Nexis India

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✓ Law and Poverty, ALLAHABAD LAW AGENCY (2012)
✓ Law, Poverty and Development, Singhal Law Publications (2017)
✓ Textbook on Law, Poverty and Development, Universal Law Publishing (2011)

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 INDIAN SOCIETY: STRUCTURE & PROCESSES

Faculty Dr.Ayan Hazra Year/ Term Second Year /

III semester
Course Name Indian Society: Each Session duration 60 Minutes
Structure & Processes
No. of Contact/ 60 No. of Credits 4
Lecture Hours

INTRODUCTION INDIAN SOCIETY: STRUCTURE & PROCESSES

Every society has its own peculiar structure and there are some institutions universal to every
society, but with their unique manifestations in each society. There are some change agents and
initiatives that enable the society to change with the passage of time. This paper focuses on the
structure of the Indian society and the changing aspects with the processes operating change agents
and initiatives.

Course Objectives& Pedagogy:

\After studying Indian society, the student can get an impression about the basic composition of
Indian society, its historical moorings, basic philosophical foundations of the society and the
institutions. Learn about the changing institutions, the processes, the agents and the interventions
that bring about change in the Indian society. The teaching methods will include Lectures,
PowerPoint presentations, and documentaries.

Evaluation Components

Components of Course Evaluation Distribution

PROJECT 20 marks

Mid Term Examination 20 marks

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 End term Examination 60 marks

Total 100 marks

Note: Pass marks: 50% of the final Grade

Learning Outcomes:

This paper is expected to bring familiarity in a student about Indian society. It will present a
comprehensive, integrated and empirically –based profile of Indian society. It is hoped that the
structure and processes operative in the society, the change agents operating in Indian society
presented in this course will also enable students to gain a better understanding of their own
situation and region.

Detailed Syllabus

Indian Society: Structure & Processes

Unit -1: Evolution of Indian Society

1.1 Hindu Philosophy (Characteristics of Hinduism, Vedas, Four Vedas, Division within each
Veda, Socio- Cultural importance of Vedas, Upanishads and its principles, Objectives, Smritis and
its Contents, Importance of Bhagavad Gita, The Purusartha (Dharma, Artha, Kama and Moksha)
1.2 The Ashrama Dharma, Importance of Ashrama system, Varna Dharma & its importance,
Salient features of Indian Society & Culture, Emergence of the Traditional Pattern of Social
Stratification, The Samskaras, Latent function of the Doctrine of Karma
1.3 Jainism Central Doctrine, Growth and Development, Religious Practices
1.4 Buddhism Central Doctrine, Buddhist Social Order, Relationship between Buddhist
Philosophy & Society of that Age, Growth, Development & Decline of Buddhism

Unit 2: The Caste System and its Structure

2.1 Perspectives on Caste, Caste and Varna, Theories of Caste (Traditional, Brahmanical, Racial,

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Occupational, Ketkar’s, Hutton)
2.2 Characteristics of Caste, Merits and Demerits of Caste system, Causes for the changes in Caste
System,
2.3 Vedic Period, Brahmanical Period, Maurya Period, Harsh Vardhan Period, Raput Period,
Muslim Period, Pre- industrial British Period, Factors Moulding the Caste system, Pr-
independence Industrial Period, Urbanization, Post-independence Period, Views of Ghandhi and
Ambedkar on Caste system
2.4 Jajmani System, its Relations, functions, Roles & Change

Unit 3: Tribal Life in India

3.1 Tribe, Characteristics of tribe, Tribal Zones (B.K.Roy Burman’s and Elwin’s classification )
3.2 Characteristics of Tribal Families (membership of family & nature of family members, form
of marriage)
3.3 Prohibitions regarding Marriage, Preferential Marriages, Ways of Acquiring Mate, Types of
marriage, Changes in Tribal Marriage, Dormitories in Tribal societies

Unit 4: Tribes Political System

4.1 Introduction, Political system is Universal to all Societies, State Law and Justice in Primitive
Societies
4.2 Evolutionary Studies: Morgan, African Tribes- Swaziland, Ashanti & Nuer
4.3 State & Government in Indian Tribes, Endogenous Tribal State, Conditions for the Formation
of State among Indian Tribes, Tribal Panchayats

Unit 5: Religion, Rituals & Magic in Tribal Community

5.1 Religion, Shift in Approach in Religion, Elements of Religion, Forms of Religion
5.2 Theories of Religion- Animism, Polytheism, Monotheism, Naturalism, Primitive Religion in
India
5.3 Rituals, Characteristics, Functions
5.4 Magic- Elements, Theories, Types, Magic and Science, Magic and Religion
Unit 6: Tribes in Transition
6.1 Tribal Movements (Birsa Munda Movement, Khasi Unity Movement, Naga Movement, Gond

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Movement, Bodo Movement)
6.2 Tribal Problems Approaches to Solve ST problem, Tribal Panchasheela
6.3 Welfare Schemes- Top class education for ST students, Upgradation of merit of St students,
Vocational training centres, National overseas scholarship for ST students, Centrally sponsored
scheme of hostels for ST boys and girls, Establishment of Ashram schools in tribal sub- plan areas,
Eklavya model residential school, Development of forest village, Scheme of development of
particularly vulnerable tribal groups(PTGs), Van Dhan scheme, Minor forest produce and tribal
livelihoods, Tribal Cooperative Marketing development federation of Indian limited(TRIFED).

Unit- 7: Social Movements in India

7.1 Introduction, Types of Movements, Social Movements in India
7.2 Reformist Movements - Brahmo Samaj, Arya Samaj, Prarthana Samaj, Aligarh Movement
7.3 Social Justice Movements- Satyashodhak Samaj Movement, SNDP Movement, Justice Party
Movement, Mahar Movement)
7.4 Environmental Movements (Bishnoi movements, Chipko Movements, Save Silent Valley
Movement, Narmada Bachao Andolan)
7.5 Anti Arrack Movement, Impact of Social Movements on Social Policy

Unit 8: Radhakamal Mukerjee

8.1 Life Sketch, Writings, Indian Culture and Civilization, Universal Civilization
8.2 Economic Transactions and Social Behaviour, Society and Values, Social Ecology

Unit 9: G.S.Ghurye
9.1 Life Sketch, Writings, Caste and Kinship, Tribe, Indian Sadhus, Rural- Urbanization, Culture
& Civilization
9.2 Religious beliefs & Practices in India, Indian Art & Architecture, Hindu – Muslim relationship.

Unit 10: D.P.Mukerji

10.1 Life Sketch, Writings, Personality, Modern Indian Culture,
10.2 Traditions, Role of New Middle Classes

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Unit 11: B.R.Ambedkar
11.1 Life Sketch, Writings, Concept of Dalit, Dalit Liberation,
11.2 Religion, Caste, Untouchability, Identity

Unit 12: Rural Life in India

12.1 Characteristics of the traditional Indian village, Types of village settlement pattern, Rural and
agrarian social structure
12.2 Land reforms, Problems of Indian villages, Rural development programmes, Critical
evaluation
12.3 Causes of farmers suicide, Problems of displacement, Violation of human rights, Land
acquisition act, Industrialization and urbanization, Vulnerable groups and displacement

Text Books:

➢ Book: Indian Society & Culture

Author: Vinita Pandey
Publisher: Rawat Publications

➢ Book: Sociology of Indian Society

Author: C.N. Shankar Rao
Publisher: S. Chand

➢ Book: Indian Social System

Author: Ram Ahuja
Publisher: Rawat Publications

➢ Book: Social Anthropology

Author: S.L.Doshi, P.C. Jain
Publisher: Rawat Publications

➢ Book: Indian Sociological Thought

Author: B.K.Nagla
Publisher: Rawat Publications

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 ➢ Book: Indian Tribes & the Mainstream
Author: Sukant K. Chaudhury, Soumendra Mohan Patnaik
Publisher: Rawat Publications

Suggested Readings
➢ Book: Indian Tribes Then & Now
Author: H.C.Upreti
Publisher: Pointer Publications
➢ Book: The Essentials Writings of B.R.Ambedkar
Author: Valerian Rodrigues
Publisher: Oxford Publications
➢ Book: Sociology
Author: T.K.OOMMEN, C.N. VENUGOPAL
Publisher: Eastern Book Company
➢ Book: Society in India- Concepts, Theories & Recent Trends
Author: Ram Ahuja
Publisher: Rawat Publications
➢ Book: Social Problems in India
Author: Ram Ahuja
Publisher: Rawat Publications
➢ Book: Social & Culture in India: The Dynamics Through the Ages
Author: Indra Deva
Publisher: Rawat Publications
➢ Book: Indian Society
Author: S.C.Dube
Publisher: National Book Trust

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 LAW OF TORTS
Faculty Dr. Kiran Kori Semester/Year 3/2nd Year
Course Name Law of Torts No. of Credits 4
Course Code - Each Session Duration 60 minutes

No of Lecture Hours 60 Pre-requisite: -

INTRODUCTION:
With rapid industrialization, tort action came to be used against manufacturers and industrial units
for products injurious to human beings. Presently, the emphasis is on extending the principles not
only to acts, which are harmful, but also to failure to comply with standards that are continuously
changing due to advancement in science and technology. Product liability is now assuming a new
dimension in developed economics. In the modern era of consumer concern of goods and services,
the law of torts has an added significance with this forage into the emerging law of consumer
protection. It operates in disputes relating to the quality of goods supplied and services rendered
and, in those areas, relating to damage suffered by consumers. The law relating to consumer
protection, lying scattered in myriad provisions of various legislation and judicial decisions in
India, so connected with the human rights for a healthy life and environment, has now a core
subject to be taught as an indispensable part of a socially relevant curriculum. The BCI proposed
a combination of laws of torts and consumer protection as a single paper. Hence the subject will
be taken up in a comprehensive manner with a practical approach with the provisions of CPA,
2019.

COURSE OBJECTIVE:
1. To discuss the nature and functions of Law of Torts to give a firm understanding of the
purpose of the torts law.
2. To enable students, relate various torts in day to day life with practical examples.
3. To enable them look at the remedies and defences available against various forms of torts.
4. To enable them analyse provisions of Consumer Protection Act, 2019 and its application.

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TEACHING PEDAGOGY:
1. Classroom discussions/Lectures with power point presentations
2. Participatory and reflective learning through discussions
3. Guided reading and critical reflection of articles
4. Deliberations through group work
5. Audio-visual clips

COURSE PLAN:
Module no. Title of Module No. of lectures
required
I INTRODUCTION TO LAW OF TORTS 4
II DEFENSES 10
III PARTIES 2
IV LIABILITY 5
V NUISANCE and NEGLIGENCE 10
VI DEFAMATION 5
VII TRESPASS 6
VIII REMEDIES 9
IX CONSUMER PTOTECTION ACT, 2019 9
60
Total

COURSE CONTENTS:
Module I: INTRODUCTION TO LAW OF TORTS
• Definition, Nature and Scope of Law of Torts
• Torts and Crime
• Torts and Contract
• Essential Elements of Law of Torts.
• Pigeon Hole Theory
Cases:
1. Municipal Corporation Delhi vs. Subhagwanti, 1966

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2. Ashby v. White (1703) 2 Lord Raym 933
3. Bhim Singh v. State of J&K, 1968
4. Gloucester Grammer School case 1410
5. Mayor of Bradford v. Pickles 1895

Module II: DEFENCES

• Specific Defences
• Volenti non fit injuria
• Act of God (Vis major)
• Inevitable Accident
• Necessity
• Private Defense
• Novus actus interveniens
• Statutory Authority
• Judicial and Quasi-judicial Authority
• Parental and Quasi-parental Authority

Cases:
1. Padmawati v. Dugganaika, 1975
2. Hall v. Brook Lands Auto Racing Club, 1933
3. Brown v. Kendall, 1850
4. Nichols v. Marshland, 1876
5. Kallulal v. Hemchand, 1958

Module III: PARTIES

• Capacity and Parties in Torts
• Joint and Several Tort-feasors
• Malfeasance, Misfeasance, Nonfeasance.

Module IV: LIABILITY

• Strict Liability – Introduction

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• Rule in Ryland’s v. Fletcher
• Absolute Liability – Bhopal Gas Leak Disaster Case.
• Vicarious Liability – Introduction – Master and Servant
• Vicarious Liability of State

Cases:
1. Rylands v. Fletcher, 1868
2. Crowhurst v. Amersham Burial Board, 1878
3. Bolton v. Stone, 1951
4. M C Mehta v. UOI, 1987
5. Indian Council for Enviro-Legal Action v. UOI, 1996
6. P & O Steam Navigation Co. v. Secretary of State, 1861
7. State of raj. v. Vidyawati, 1962
8. Kasturila v. State of UP,1965
9. Cassidy v. Minister of Health, 1951

Module V: NUISANCE and NEGLIGENCE

• Nuisance – Definition
• Types of Nuisance: Private, Public and Statutory Nuisance
• Essentials of Private Nuisance
• Negligence – Definition
• Elements of Negligence
• Res Ipsa Loquitor
• Contributory Negligence
• Defences

Cases:
1. St. Helens Smelting Co. v. Tipping, 1865
2. Donoughe v. Stevenson, 1932
3. Glasgow Corp. v. Taylor, 1992
4. KSEB v. Suresh Kumar, 1986

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5. Dr. Ram Raj Singh v. Babulal, 1982

Module VI: DEFAMATION

• Defamation – Introduction – Definition
• Libel and Slander – Its Differences
• Essentials of Defamation
• Innuendo
• Defences

Cases:
1. Cassidy v. Daily Mirror, 1929
2. D P Choudhary v. Manju Lata, 1997
3. T J Ponnen v. M C Verghese, 1970
4. Knapffer v. London Express Newspaper Ltd., 1944
5. D N Sen v. RK Bhadre, 1970

Module VII: TRESPASS

• Trespass to Person
• Assault
• Battery – Mayhem
• False Imprisonment.
• Trespass to Land – Definition – Methods – Trespass abinitio – Remedies – Defences

Cases:
1. Six Carpenters Case (1610) 8 Co. Ref. 146
2. Bird v. Jones (1845) 7 QB 742
3. Bhim Singh v. State of J & K AIR 1968 SC 494
4. Rudal Shah v. State of Bihar (1983) 4 SCC 141
5. Ellis v. Loftus Iron Co. 1874 LR 10 CP 19
Module VIII: REMEDIES
• Judicial Remedies

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• Damages – Types of Damages – Remoteness of Damages
• Injunction – Constitutional Remedies
• Extra – judicial Remedies
Self-help – Expulsion of trespasser
Module IX: CONSUMER PROTECTION ACT, 2019
• History and Development of Consumer Protection Laws in India
• Object and Reasons of Consumer Protection Act, 2019
• Definitions, Consumer Protection Councils
• Consumer Disputes Redressal Agencies

READING AND REFERENCES:

1. W V H Rogers, Winfield & Jolowicz Tort, Sweet & Maxwell, London.
2. R F V Heuston & R A Buckly, Salmond and Heuston on Law of Torts, Universal Law
Publishers, Delhi.
3. B M Gandhi, Law of Torts, E B C, Lucknow.
4. Ratanlal & Dhirajlal, The Law of Torts, Wadhwa, Nagpur.
5. R K Bangia, Law of Torts, ALA, Haryana.
6. G B Reddy, Law of Consumer Protection, Gogia Law Agency, Hyderabad.
7. S K Verma, A. Wani, S S Jaswal, A Treatise on Consumer Protection Laws, ILI, New Delhi.
8. V. Balakrishna Eradi, Consumer Protection Jurisprudence, Lexis Nexis, New Delhi.

EVALUATION COMPONENTS

Components of Course Evaluation Distribution

PROJECT 20 Marks

Mid Term Examination 20 Marks

End term Examination 60 Marks

Total 100 Marks

Pass Marks 50 Marks

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 CONSTITUTIONAL GOVERNANCE-I

Faculty Name Mrs. Rajput Shraddha Bhausingh.

Semester III
Pre-requisite Basic understanding of Rights, Duties and System of Governance
No. of Credits 04
Each Session 60 minutes
Duration
Course Duration August –November 2020
No. of Lectures 60 Lectures
10 Tutorials (5 Lecture +1 tutorial per week)

A. About the Course:

India is a democratic country and her Constitution epitomizes the most important values of the
democratic government- how it comes into existence, what are its powers, functions,
responsibilities, and obligations. How supremacy is constrained and dispersed. The Fundamental
Law of the land is its Constitution. Constitutional law is a subject of supreme magnitude for each
country. The analysing of Constitutional law incorporates provisions, interpretation and changes
desired based on occurrence of incidences. The terminology recommends the breadth and width
to be enclosed in the subject matter.
The discourse and lecture travels beyond the recitation and understanding of bare provisions of
Constitution of India. Indian Constitution is the most thorough Constitution of the world;
Constitution cannot be comprehensively dealt as a specific subject. In this manner, the study of
Constitution of India is divided into two parts in different semesters (Semester III and IV) as
Constitutional Governance – I and II. Constitutional Governance – I deals with salient features of
the Constitution, Fundamental Rights, Directive Principles and Fundamental Duties and
Constitutional Governance – II which deals with Organs of the Government, T. At the present we
would deal thoroughly with Constitutional Governance – I. The purpose of the course is to acquaint
the students with the idea that the Indian Constitution is a normative Constitution with valuable
aspirations. The basic postulate of the Constitution like the Constitutional Supremacy, Rule of

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law and concept of liberty are emphasized in this paper. Exhaustive analysis of Fundamental
Rights and committed approach to Directive principles would form the essence of the course.

B. Course Objective:

This course is an attempt towards imparting knowledge of various aspects of Constitutiona l

Governance process and upon successful completion of this module student will be able to:

➢ To study the basics of Constitutional Law and the salient features of the Constitution
of India.
➢ To familiarize students with the leading case laws and legislative changes to the
provisions of the Constitution
➢ To study the diverse principles of judicial interpretation that constructs notions of
'state', law' and 'law in force'.
➢ To understand the nature and scope the fundamental Rights, directive principles of
state policy and fundamental duties.

C. Pedagogy:
Constitutional Law teaching requires giving student an understanding the interpretation of case
and working of different organs of government. Thus, the teaching should include a phase by phase
guide of the understanding provisions and supplementary and subsidiary processes related to
interpretation of provisions. In this attempt teaching will be by discussion of every provisions
relating to the modus operandi to be adopted at a specific phase of case-flow and by case study
method along with outlines of provisions. Objectives and the reasons chapter-wise / part-wise in
connection to the provisions will be discussed. Students will be encouraged to participate in the
discussion and to obtain answers to their questions. Simultaneously, focus will be directed to the
realistic aspects dealing with varieties of circumstances which arise before courts when the method
is applied to the given facts of the cases with the interpretation of the Constitution. The method
followed for teaching are Lecture Method, Case Study Analysis, Moot Court Exercise, Case Law
Analysis, Group Discussion.

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 D. Evaluation Scheme and Parameters:

S. No. Assessment Task Criteria Marks

a. Project As per requirement and guidelines 20
of University

b. Mid-Term Examination Descriptive and Analytical – with 20

problem-based questions
c. End Term Examination Descriptive and Analytical – with 60
problem-based questions
100
Total

Note: Pass marks 50% of the final Grade

E. Course Content:
For the purposes of explaining the Constitutional Law provision whole modules are divided into
subunits.

Module I: Introduction (4 Lectures)

Meaning, Definition, Scope and Significance of Constitution, Constitutional Law and

Constitutionalism, Salient features of the Indian Constitution, Preamble- its significance,
amendment and interpretation.

Module II: The Union and its Territory (Articles 1 – 4) (3 Lectures)

Name of the Union, States and Union Territories, Admission, Establishment and Formation of
New States, Alteration of areas, boundaries, and names of States. Procedure.

Module III: Fundamental Rights (Articles 12 and 13) (4 Lectures)

Concept of Fundamental Rights -Origin and Development, Fundamental Rights in India,

Definition of State under Article 12: other authorities and its interpretation. Justifiability of

Page 25 of 50
Fundamental Rights: Article 13 and Judicial Review, Justifiability of Pre and Post Constitutiona l
Laws and its Doctrines (Severability, Eclipse and Waiver)

Module IV: Right to Equality (Articles 14 – 18) (8 Lectures)

Right to Equality- Equality before Law-Non-Discrimination- Reasonable Classification- Non

Arbitrariness, Protective Discrimination- Reservations in Appointments and Promotions,
Reasonable classification -Basis for classification- Right against discrimination: Special
provisions for Women, children and Backward Classes, Equality of Opportunity, Abolition of
Untouchability, Abolition of Titles

Module V: Right to Freedom-I (Articles 19(a) –(g))(9 Lectures)

Freedom of Speech and Expression -Right to Know-Freedom of Press Reasonable -Restrictions,

Test for reasonableness Burden of proving reasonableness of restrictions. -Freedom to assemble
peaceably and without arms; - Freedom to form association or unions; -Freedom to move freely
throughout the territory of India; -Freedom to reside and settle in any part of the territory of India;
-Freedom to practice any profession, or to carry on any occupation, trade, or business.

Module VI: Right to Freedom-II (Articles 20-22) (10 Lectures)

Protection in respect of conviction for offences (Article 20), Rights of the Accused: Ex-post facto
laws, Right against Double Jeopardy, Right against Self-incrimination.

Protection of life and personal liberty (Article 21) Right to Life and Personal Liberty: Meaning
and Scope, American and Indian concept of Right to life and personal liberty, Various facets of
Right to Life, Prisoners’ Rights., Right to Education (Article 21A)

Protection against arrest and detention (Article 22) Safeguards against Arrest made under the
ordinary Law, Preventive detention, Safeguards against Detention made under the preventive
detention laws

Module VII: Right against Exploitation (Articles 23, 24) (1 Lectures)

Right against Exploitation: Prohibition of Traffic in Human Beings and Forced Labour, Safeguards

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against Beger, Abolition of Child Labour

Module-VIII: Right to Freedom of Religion (Articles 25 – 28) (3 Lectures)

Right to Freedom of Religion, Reasonable restrictions, Right to establish and maintain Religious
Denominations, Freedom from payment of Taxes, Prohibition of religious instructions in
Educational Institutions. Freedom of Conscience, Freedom to Profess or Practice Religion,
Freedom to Manage Religious Affairs, Restriction on Religious Instruction in Educational
Institutions

Module- IX: Educational and Cultural Rights (Articles 29, 30) (3 Lectures)

Right to establish and administer educational institutions – rights of minorities and non-minorit ies;
-Right to conserve language script or culture, Right to admission to Educational Institutions, Right
of Minorities to Establish and Administer Educational Institutions, No discrimination in granting
aid.

Module-X: Right to Constitutional Remedies (Article 32) (4 Lectures)

Nature and need for distinctive constitutional remedies distinguished from legal remedies – types
of remedies – Habeas Corpus, Mandamus, Prohibition, Quo Warranto, And Certiorari – nature
and procedure of these writs –Right to move to the Supreme Court, Prerogative Remedies, Rule
Locus Standi, Public Interest Litigation Res Judicata, Delay and Laches, Alternative Remedy,
Suspension of Fundamental Rights, Effect of Emergency on fundamental rights.

Module XI: Directive Principles of State Policy and Duties (Articles 36 – 51A) (5 Lectures)

Directive Principles - directions for social change - a new social order -Fundamental Rights and
Directive Principles – interrelationship -Constitutional amendments to strengthen Directive
Principles -Reading Directive Principles into Fundamental Rights- Fundamental Duties The need,
enforcement and status of Fundamental Duties

F. READINGS :

Readings on Judicial Pronouncements are indicated separately in the detailed course content

Page 27 of 50
below. Two sets of judgments are identified as essential and reference. Essential will be discussed
in classroom during lecture hours and students are encouraged to read reference judgment by their
own and discuss during tutorials. However, in no case the list should be construed exhaustive as
during the continuation of course new cases may be added.

NOTE: Since many legislative amendments and court decisions could be handed down on the
topics covered hereinabove after this syllabus has been made applicable, students are expected to
study all such latest amendments and court decisions also, on the topics mentioned in the aforesaid
syllabus. The topics and cases given above are not exhaustive. The teachers teaching the course
shall be at liberty to add new topics/cases.

Prescribed Text:
➢ The Constitution of India, 1950

NOTE: The students are required to study the legislations as amended up-to-date and consult the
latest editions of books.

Essential Text Book:

➢ Shukla V.N: Constitution of India, Eastern Books Company, Lucknow.

➢ Austin: The Indian Constitution - Corner Stone of a Nation, Oxford
University Press, New Delhi (Indian Reprint 2000)
➢ Basu D.D: Constitutional Law of India, Prentice Hall of India, New Delhi.
➢ Jain, M.P: Indian Constitutional Law, Wadhwa & Co., Nagpur.

Reference Readings:

➢ Subba Rao: G.C.V, Indian Constitutional Law, Eastern Book Company, Lucknow.
➢ Tope T.K.: Constitutional Law of India, Eastern Book Company, Lucknow.
➢ Shiva Rao B.: The Framing of India’s Constitution (in 6 volumes), Indian Institute
of Public Admn., New Delhi.

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➢ Lok Sabha Secretariat. Constituent Assembly Debates. 5 vols. New Delhi: Lok Sabha
Secretariat
➢ H.M. Seervai, Constitutional Law of India (4thed., Vol 1 (1991), Vol. 2 (1993), Vol. 3
(1996)
➢ D.J De – The Constitution of India Vol. I and II

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 DETAILED SYLLABUS
COURSE PLAN

MODULE I: INTRODUCTION
(5 Lectures)

Meaning, Definition, Scope and Cases:

Significance of Constitution, Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Constitutional Law and S. R. Bommai v. Union of India, AIR 1994 SC 1918
Constitutionalism, Salient features of State of West Bengal v. Union of India, AIR 1963 SC 1241
Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549
the Indian Constitution, Preamble-
Kuldip Nayar v. Union of India, AIR 2006 SC 3127
Significance, Amendment And State of Haryana v. State of Punjab, AIR 2002 SC 685
Interpretation. Excel Wear v. Union of India AIR 1979 SC 25;
Bhim Singhji v. Union of India, AIR 1981 SC 234;
State of Kerala v. N.M.Thomas AIR 1976 SC 490
Waman Rao v. Union of India AIR 1981 SC 271;
Minerva Mills Ltd. V. Union of India AIR 1980 SC 1789
Dharwad Employees v. State of Karnataka, AIR 1990 SC
883

MODULE II: THE UNION AND ITS TERRITORY (3 CHS) (ARTICLES 1 – 4)

Cases:
Name of the Union, States and Union In re Berubari Union and Exchange of Enclaves, AIR 1960
Territories, Admission, SC 845
Establishment and Formation of New Ram Kishore Sen v. Union of India, AIR 1966 SC 644
States, Alteration of areas, Union of India v. Sukumar Sengupta, AIR 1990 SC 1692
N. Masthan Sahib v. Chief Commissioner Pondicherry, AIR
boundaries and names of States.
1962 SC 797
Procedure (Articles 1 – 4) R. C. Poudyal v. Union of India, AIR 1993 SC 1804
Babulal Parate v. State of Bombay, AIR 1960 SC 51

MODULE III: FUNDAMENTAL RIGHTS (5 CHS) (ARTICLES 12 AND 13)

Lena Khan v. Union of India, AIR 1987 SC 1515,

Bank of India v. O.P.Swarankar, AIR 2003 SC 858; Golak
Concept of Fundamental Rights -
Nath v. State of Punjab, AIR 1967SC 1643,
Origin and Development,
Ramana v. International Airport Authority AIR 1979 SC
Fundamental Rights in India
1628, Som

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 Prakash v. Union of India, AIR 1981 SC 212

STATE UNDER ARTICLE 12

Cases:
Definition of State under Article 12: University of Madras v Santa Bai, Electricity Board,
Judicial pronouncements on meaning Rajasthan Electricity Board v Mohan LalSC AIR 1967
of other authorities. Sukhdev vs. Bhagatram SC AIR 1975 Som Prakash v. Union
of India, AIR 1981 SC 212
R.D. Shetty v The International Ai
rport Authority of India,
Ajay Hasia v Khalid Mujib,
Pradeep Kumar Biswas v. Indian Institute of Chemical
Biology (2002) 5 SCC111
G. Basi Reddy v. International Crops Research Institute, JT
2003 (2) SC 180
Zee Teleflims Ltd v. UOI,
Naresh v. State of Maharastra,
A.R. Antulay v. R.S.Nayak13.
Zee Telefilms Ltd. v. Union of India (2005) 4 SCC 649

JUSTIFIABILITY OF FUNDAMENTAL RIGHTS: ARTICLE 13

Cases:
Article 13 Judicial Review Indian State of U.P. v. Radhey Shyam Rai, 2009 (3) SCALE 754
and American concept, Application Keshavan Madhava Menon v. State of Bombay, AIR 1955 SC
and Rules of Interpretation of Article
128State of Guj
13 arat v. Sri Ambika Mills, AIR 1974 SC 1300
Bhikaji Narain Dhakras v. State of M. P., AIR 1955 SC 781
Voidness arising out of Lack of
Bashesher Nath v. CIT, AIR 1959 SC 149
Legislative Competence
State of Bombay v. F.N. Balsara, AIR 1951 SC 318
Doctrine of Severability RMDC v. Union of India, AIR 1957 SC 628
Marbury v Madison,
Doctrine of Eclipse A.K. Gopalan v. State of Madras, State of Bombay v Balsara,
R.M.D.C v. Union of India
Doctrine of waiver Shankari Prasad v UOI,
GolakNath v State of Punjab,
Is Constitutional amendment a ‘law’
Kesavananda Bharti v State of Kerala
under Article- 13

MODULE IV: RIGHT TO EQUALITY (ARTICLES 14 – 18) (8 CHS)

RIGHT TO EQUALITY

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 Cases:
Right to Equality- Equality before Ramkrishna Dalmia v Justice Tendulkar,
Law-Non-Discrimination- E.P. Royappa v. State of
Reasonable Classification- Non- Tamil Nadu,
Arbitrariness, Protective Maneka Gandhi v UOI,
R.D. Shetty v. Airport Authority
Discrimination- Reservations in
Chiranjit Lal Chaudhary v. Union of India, AIR 1951 SC 41
Appointments and Promotions, State of W. B. v. Anwar Ali Sarkar, AIR 1952 SC 75
Reasonable classification -Basis for Kathi Raning Rawat v. State of Saurashtra, AIR 1952 SC 123
classification- Right against State of Kerala v. N. M. Thomas (1976) 2 SCC 310
discrimination: Special provisions Indra Sawhney v. Union of India, AIR 1993 SC 477
for Women, children and Backward Ashoka Kumar Thakur v. Union of India (2008) 6 SCC 1
Classes, Equality of Opportunity Indra Sawhney v. Union of India, AIR 2000 SC 498
Ashoka Kumar Thakur v. State of Bihar (1995) 5 SCC 403
Dr. Gulshan Prakash v. State of Haryana, 2009 (14) SCALE
290
Avinash Singh Bagri v. Registrar, IIT, Delhi (2009) 8 SCC
220
M. Nagraj v. Union of India (2006) 8 SCC 212
Balaji Raghavan v. Union of India, AIR 1996 SC 770
Jarnail Singh and Others v Lachhmi Narain Gupta and
Others 2018 SCC OnLine SC 1641 220
Rohtas Bhankar v. Union of India (2014) 8 SCC 872
Pramati Educational & Cultural Trust v. Union of India
(2014) 8 SCC 1
Modern Dental College & Res. Cen v. State of Madhya
Pradesh (2016) 7 SCC 35
U.P. Power Corpn. Ltd. v. Rajesh Kumar (2012) 7 SCC 1
Shayara Bano v. Union of India 2017 SCC OnLine SC 963
Joseph Shine v. Union of India 2018 SCC OnLine SC 1676
Meenakshi Mills v. Viswanath AIR 1955
SC13,
Shri Sita Ram Sugar CoLtd v. Union of India,AIR 1990SC
1277
Naga People’s Movements of Human
Rights v. Union of India AIR 1998 SC 431,
BALCO Employees’Union v. Union of India AIR 2002 SC
350 John
Vallamattom v. Union of India AIR 2003 SC 2003,
St Stephen’s College v. University of Delhi AIR1992SC1630,
Indian Express Newspapers v. Union of India, AIR 1986 SC
515
State of Uttar Pradesh v. Balaram, AIR 1972 SC 1375,
Ajay Kumar v. State of Bihar (1994) 4 SCC 401,
State of Sikkim v. Surendra Prasad Sharma AIR 1994 SC
2342,

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 Mohan Bir Singh Chawla v. Punjab University AIR 1997 SC
788,
Prabhakar v. State of Andhra Pradesh AIR 1986 SC 210,
Shiv Charan v. State of Mysore AIR
1965 SC 280,
Swiss Ribbons Pvt Ltd. v. Union of India 2019
Mukesh Kumar v. The State Of Uttarakhand 2020BK
Pavitra and others v. Union of India 2019
Anuradha Bhasin v. Union of India 2020
D.A.V. College Trust and Management Society v. Director of
Public Instructions 2019

ABOLITION OF UNTOUCHABILITY

State of Karnataka v. Appa Balu Ingale AIR 1993 SC 1126

Abolition of Untouchability Safai Karmachari Andolan v. Union of India, 27 March 2014
(l)

ABOLITION OF TITLES

Balaji Raghavan v. Union of India, AIR 1996 SC 770

Abolition of Titles Devarajjah vs. Padmanna Mysore AIR 1958

MODULE V: RIGHT TO FREEDOM-I (ARTICLES 19(a)-(g) (9 CHS)

Cases:
Freedom of Speech and Expression - Bennett Coleman & Co. v. Union of India, AIR 1973 SC 106
Right to Know-Freedom of Press Secretary, Ministry of I & B, State of W. B v. Cricket
Reasonable -Restrictions, Test for Association (1995) 2
reasonableness Burden of proving SCC 161
People’s Union for Civil Liberties (PUCL) v. Union of India
reasonableness of restrictions. -
(2003) 4 SCC 399
Freedom to assemble peaceably and Bharat Kumar K. Paticha v. State of Kerala, AIR 1997 Ker.
without arms; - Freedom to form 291 (FB)
association or unions; -Freedom to Communist Party of India (M) v. Bharat Kumar (1998) 1
move freely throughout the territory SCC 201
of India; -Freedom to reside and AIADMK v. Chief Secretary, Government of Tamil Nadu
settle in any part of the territory of (2007) 1 SCALE 607
Shreya Singhal v. Union of India (2013)12 SCC 73
India; -Freedom to practice any
People’s Union for Civil Liberties (PUCL) v. Union of India
profession, or to carry on any (2003) 4 SCC 399
occupation, trade, or business. Communist Party of India (M) v. Bharat Kumar (1998) 1
SCC 201
AIADMK v. Chief Secretary, Government of Tamil Nadu

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 (2007) 1 SCALE 607 Chindamanrao v. State of M.P., AIR
1951 SC 118
Narendra Kumar v. Union of India, AIR 1960 SC430
State of Gujarat v. Mirzapur Moti Qureshi Kasab Jamat, AIR
2006 SC 212
Tehseen S. Poonawalla v. Union of India , 2018 SCC Online
SC 696
Chindamanrao v. State of M.P., AIR 1951 SC 118
Narendra Kumar v. Union of India, AIR 1960 SC 430

Communist Party of India (M) v. Bharat kumar AIR 1998 SC

184,
Sagir Ahmed v. State of Uttar Pradesh AIR 1954 Sc 728,
Ram Jaways v. State of Punjab SIR 1955 SC 549
T.M.A. Pai Foundation v.
State of Karnataka AIR 2003 SC 355, State of MP, v. Nand
Lal AIR 1987 SC 204 251
Express Newspapers v.
Union of India AIR 1986 SC 872
Dinesh Trivedi v. Union of India(1997) 4SCC 306,
Khare v. State of Delhi AIR
1950 SC 211,
State of Maharastraa v. Rajendra J.Gandhi AIR 1997 SC
3986
Central Public Information Officer, Supreme Court v.
Subash Chandra Agarwal 2019
Indibility Creative Pvt. Ltd and others v. Government of West
Bengal and others 2019

MODULE VI: RIGHT TO FREEDOM-II (ARTICLES 20-22) (10 CHS)

PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES (ARTICLE 20)

Nandani Sathpathy v. P.L. Dani, Sampath Kumar v E.O.
Protection in respect of conviction Enforcement Directorate,
for offences (Article 20), Rights of MadrasSmt. Selvi and Ors. v. State of Karnataka, AIR 2010
the Accused: Ex-post facto laws, SC 197
Right against Double Jeopardy, D.K. Basu v. State of West Bengal (1997) 1 SCC 416
Right against Self-incrimination.

RIGHT TO LIFE AND PERSONAL LIBERTY (ARTICLE 21)

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Protection of life and personal liberty A.K. Gopalan case,
(Article 21) Right to Life and Kharak Singh Case v State of Punjab,
Personal Liberty: Meaning and Sunil Batra case,
Scope, American and Indian concept Hussainara Khatoon case,
of Right to life and personal liberty, Olga Tellis v Bombay Municipal Corporation.
Various facets of Right to Life, Maneka Gandhi v. Union of India, AIR 1978 SC 597
Prisoners Rights., Procedure Francis CoralieMullin v. Administration of Delhi AIR 1981
established by law and due process – SC 746,
distinguished, M.C.Mehta v. Union of India AIR 1987 SC 1086,
Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802,
Fair procedure, handcuffing, right to
Indian Council for Enviro-legal Action v. Union of India AIR
housing, right to property, legal aid,
1996 SC 1446, Vellore Citizens Welfare Forum v. Union of
natural justice, duty to bring to trial,
India AIR 1996 SC 2715
right to health, right to food, right to State of Punjab v. Mahinder Singh Chawla AIR 1997 SC
environment, preventive detention, 1225,
right against torture, right to die Paschim Bangal Khet Mazdoor Society v. State of West
Bengal, AIR 1996 SC 2426
Air India Statutory Corporation v. United Labour Union AIR
1997 SC 645, Maneka Gandhi v. Union Of India AIR 1978
SC 597,
Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC
186,
People’s Union of Civil Liberty v. Union of India AIR 1997
SC 568,
Sher Singh v. State of Punjab AIR 1983 SC 465,
Hussainara v. Home Secretary,
State of Bihar AIR 1979 SC 1819
Indian Hotel and Restaurant Association v. State of
Maharashtra 2019
Justice K.S. Puttaswamy & Anr. V. Union of India & Ors. .
People’s Union for Civil Rights v. Union of India, 2003 (10)
SCALE 967
State of Rajasthan v. Hat Singh AIR 2003 SC 791
Mr. X v. Hospital Z AIR 1999 SC 495
R.K.Dalmia v. Delhi AdministrationAIR 1962 SC 1821,
Gopalan v. State of Madras, AIR 1950SC 27,National Legal
Services Authority v Union of India (2014)5 SCC 438 47
Animal Welfare Board Of India vs A. Nagaraja & Ors.
(2014)7 SCC 547 48

Page 35 of 50
 A K Roy v. Union of India, AIR 1982 SC 710

RIGHT TO EDUCATION (ARTICLE 21A)

Free education up to 14 years of age- J.P.Unnikrishnan v. State of Andhra Pradesh AIR 1993 SC
Legislative and Judicial Response. 2178
Pramati Educational and Cultural Trust v. Union of
India,2014

MID TERM EXAMINATION

PROTECTION AGAINST ARREST AND DETENTION (ARTICLE 22)

A. K. Roy v. Union of India, AIR 1982 SC 710

Protection against arrest and D.K. Basu v. State of West Bengal (1997) 1 SCC 416 315 52
detention (Article 22) Safeguards People’s Union for Civil Rights v. Union of India, 2003 (10)
against Arrest made under the SCALE 967 53 Navtej Singh Johar v. Union of India (2018)
ordinary Law, Preventive detention, 1 SCC 791
Safeguards against Detention made
under the preventive detention laws

MODULE VII: RIGHT AGAINST EXPLOITATION (ARTICLES 23, 24) (1 CHS)

People’s Union for Democratic Rights v. Union of India, AIR

Right against Exploitation: 1982 SC 1473
Prohibition of Traffic in Human M.C.Mehta v. State of Tamil Nadu, AIR 1997 SC 699,
Beings and Forced Labour, Gaurav Jain v. Union of India AIR 1990 SC 1412
Safeguards against Beger, Abolition M.C Mehta v State of T.N,
Bandhua Mukti Morcha v UOI
of Child Labour

MODULE-VIII: RIGHT TO FREEDOM OF RELIGION (ARTICLES 25 – 28) (3 CHS)

Page 36 of 50
 CASES:
Right to Freedom of Religion, Seshammal v. State of Tamil Nadu (1972) 2 SCC 11N.
Reasonable restrictions, Right to Adithayan v. Travancore Devaswom Board (2002) 8 SCC
establish and maintain Religious 106
Denominations, Freedom from Commissioner of Police v. Acharya Jagadishwarananda
Avadhuta (2004) 12
payment of Taxes, Prohibition of
SCC 770
religious instructions in Educational Bijoe Emmanuel v. State of Kerala (1986) 3 SCC 6
Institutions. Freedom of Conscience, Rev. Stainislaus v. State of M.P., AIR 1977 SC 908
Freedom to Profess or Practice Brahmo Samaj Education Society v. State of West Bengal
Religion, Freedom to Manage (2004) 6 SCC 224
Religious Affairs, Restriction on Bal Patil v. Union of India (2005) 6 SCC 690.
Religious Instruction in Educational Akhil Bharat Goseva Sangh v. State of Andhra Pradesh
(2006) 4 SCC 162
Institutions
Acharya Jagadiswarananda v. Commissioner of Police,
Calcutta AIR 1984 SC 51,
Divyadarshan v. State of Andhra Pradesh AIR 1970 SC 181,
Dalbir v. State of Punjab AIR
1962 SC 1106,
Frank Antony Association v. Union of India AIR 1987 SC
311,
Arya Samaj Education Trust v Director of Education AIR
1976 Del 207,
Bihar State Madrasa Board v. Madarsa Hanafia AIR 1990
SC 695,
St Stephen’s College v. University of Delhi AIR 1992 SC1630
M Siddiq (d) through LRs v. Mahant Suresh Das and others
2019
Kantaru Rajeevaru v. Indian Young Lawyers Association
2019

MODULE- IX: EDUCATIONAL AND CULTURAL RIGHTS (ARTICLES 29, 30) (3 CHS)

Frank Anthony Public School Employee’s Assn. v. Union of

Right to establish and administer India(1986) 4 SCC 707
educational institutions – rights of Islamic Academy of Education v. State of Karnataka, JT
minorities and non-minorities;-R ight 2003 (7) SC 1
to conserve language script or T.M.A. Pai Foundation v. State of Karnataka, AIR 2003 SC
culture, Right to admission to 355
Educational Institutions, Right of P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3236
Minorities to Establish and
Administer Educational Institutions,
No discrimination in granting aid.

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MODULE-X: RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32) ( 3 CHS)

Haji Esmail v. Competent Officer, AIR 1967 SC 1244,

Nature and need for distinctive FCI Workers v. Food Corporation of India AIR 1990
constitutional remedies distinguished SC 2178,
from legal remedies – types of Ratlam Municipality v. Vardichan, AIR 1980 SC 1622,
remedies – Habeas Corpus, M.C.Mehta v. Union of India AIR 1987 SC1086, and AIR
Mandamus, Prohibition, Quo 1999 SC 2583, Pramod v.Medical Council, (1991)2 SCC
Warranto, And Certiorari – nature 179,
and procedure of these writs –Right Sitaram Yechury v. Union of India 2019 Rupa Ashok Hura v.
to move to the Supreme Court, Ashok Hura, A.B.S.K Sang (Rly) v. UOI, PUDR v. UOI,
Prerogative Remedies, Rule of locus Bandhua Mukti Morcha case,
standi, Public Interest Litigation Res Sheela Barse v. UOI, Shiram Food and Fertilizer case, etc
judicata, Delay and Laches,
Alternative Remedy, Suspension of
Fundamental Rights, Effect of
Emergency on fundamental rights.

MODULE XI: DIRECTIVE PRINCIPLES OF STATE POLICY (ARTICLES 36 - 51) (3 CHS)

Object and purpose, Classification, Civil Right Committee v. Union of India AIR 1983 Kant 85,
Directive Principles - directions for In Re. Berubari AIR 1960 SC 845
social change - a new social order - Vishakha v. State of Rajasthan, AIR 1997 SC 3011
Fundamental Rights and Directive
Principles – interrelationship-
Constitutional amendments to
strengthen Directive Principles -
Reading Directive Principles into
Fundamental Rights

*************

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 FAMILY LAW- II

Faculty Priyanka Dhar Year/Sem 2/III

Course Name Family Law II Course Credits 4

No. of lecture hours 60 Pre-requisite Knowledge of

Family Law-I

INTRODUCTION:
Personal laws are preserved and protected by people vigorously. They vary in a nation depending
on the different faiths that people follow. Personal laws in India present a complex situation
considering the religious diversity one finds in the country. Every community in India is governed
by different set of rules and regulations in terms of matters governing marriage, divorce, adoption,
maintenance, succession etc. Apart from these laws we also have secular laws in terms of these
matters which apply to parties that voluntarily choose of be governed by the secular legislations.
In this backdrop the Family Law-II course delves upon the matters relating to adoption and
maintenance amongst Hindus and Muslims in India. Furthermore, it focuses on the laws of
succession applicable in the case of Hindus and Muslims.

The expected learning outcome of this course is imparting knowledge to students regarding
Adoption laws and succession laws in the country essentially by employing a case law analysis so
that they can appreciate both laws in theory as well as practice. a very important pre-requisite of
learning Family Law- II is an in-depth knowledge of laws relating to marriage and divorce both
under Hindu Law as well as Muslim Law.

COURSE OBJECTIVE:

Following are some of the objectives of the course:

• Imparting knowledge about laws relating to adoption and maintenance;
• To understand the various concepts and institutions of Hindu Joint Family system.
• To analyze the concept of succession and its forms i.e. Intestate and testamentary
succession.
• To examine the women’s estate under different Religious system and statutory provisions.
• To understand the concept of bequest under different religious system.

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COURSE OUTCOMES:

On completion of this course, the students will be able to:

• understand the various concepts and institutions of Hindu joint family system.
• understand the law and procedures of succession with its different forms i.e. Intestate and
testamentary succession.
• understand women’s property rights under different Religious system and statutory provisions.
• understand the provisions with respect to bequest under different religious practices.

PEDAGOGY:

Considering that the classes will be conducted through online mode the mode of teaching will as
of now essentially consist of:
• Lectures with power point presentations;
• Guided reading and critical reflection of case laws;
• A dedicated time slot for Q&A session.

EVALUATION PARAMETERS
Components of Course Evaluation Distribution

PROJECT 20

Mid Term Examination 20

End term Examination 60

Total 100
Pass Marks: 50

COURSE PLAN:

Module No. Title of Module Lecture Session

I Introduction to Family Law II 1

II Hindu Adoption and Maintenance Act and S. 6

125-128 of Cr.P.C

III Hindu Law of Inheritance 24

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 IV Muslim Law on Adoption 6

IV Muslim Law of Inheritance 24

HINDU LAW

Module I Adoption and Maintenance

1. Hindu Adoption and Maintenance Act, 1956

2. Requisites of a Valid Adoption

3. Right to Maintenance

4. Persons obliged to maintain

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22nd ed. 2016.
3. Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17th ed. 2014.
4. Prof. Kusum, THE FAMILY LAW LECTURES, 2015.
5. R.V. Kelkar, CRIMINAL PROCEDURE, 6TH ed. 2016.
6. Dr. Paras Diwan, Modern Hindu Law, Allahabad Law Agency.

Cases

1. Amar Kanta Sen v. Sovana Sen AIR 1960 Cal. 438

2. Bai Tahira v Ali Hussain AIR 1979 SC 362

3. Mohd Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945.

4. Daniel Latifi v. Union of India, (2001) 7 SCC 70.

5. Lakshmi Kant Pande v. Union of India, AIR 1987 SC 232

6. Dr. Ravi Chandran v. Union of India & Ors.,2009 (14) SCALE 27

7. Braendra Singh v. State of M.P and Anr., AIR2008SC1058.

8. Craig Allen Coats v. State and Anr., ('MANU/SC/0732/2010')

Page 41 of 50
 9. Smt. Anjali Kapoor v. Rajiv Baijal, AIR 2009 SC 2821.

10. Gaurav Nagpal v. Sumedha Nagpal, AIR 2009 SC 557.

11. Shabnam Hashmi v. Union of India 2014(2) SCALE 529

Articles

1. Lucy Carrol, “Shah Bano, the Muslim Women (Protection of rights on Divorce) Act and
Muslim women’s right to Mataa”, 39JILI (2005) 110.
2. A.K Bhandari, “Adoptions among Mohammedans- whether permissible in law”, 47
JILI(2005) 110.
3. Kusum, “Gender bias in adoption law: A comment on Malti Roy Chaudhery v.
Sudhindranath Majumdar”, 49JILI (2007) 76.
4. M. Afzal Wani, “Maintenance of women and children under Muslim law: legislative trends
in Muslim countries”, 45JILI (2003) 409.
5. Vibha Sharma, “Inter-country adoptions in India; an appraisal”, 45 JILI (2003) 543.

Module II Joint Family and Coparcenary

A. Hindu Coparcenary

1. Formation of Coparcenary – Under Mitakshara and Dayabhaga

2. Coparcenary and joint Family – Distinction

3. Characteristic Features of Coparcenary

4. Rights of coparceners

5. Coparcener within Coparcenary

B. Classification of property

1. Joint family property or Coparcenary properties

2. Separate or self acquired property

3. Obstructed and unobstructed property

C. Alienation of Coparcenary property

1. Who may alienate Coparcenary Property

2. Alienation by Father

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3. Alienation by sole surviving coparcener

4. Alienation by Manager of Coparcenary Property

a) Legal necessity

b) Partial necessity

c) Benefit of estate

d) Indispensable duties

5. Burden of proof of necessity

6. Coparcener’s power of Alienations

a) In voluntary Alienations

b) Voluntary Alienations

7. Coparcener’s Right to challenge Alienations

8. Alieene’s Right and Remedies

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22nd ed. 2016.
3. Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17th ed. 2014.
4. Prof. Kusum, THE FAMILY LAW LECTURES, 2015.
5. R.V. Kelkar, CRIMINAL PROCEDURE, 6TH ed. 2016.
6. Dr. Paras Diwan, MODERN HINDU LAW, Allahabad Law Agency.
7. Ved Kumari, THE JUVENILE JUSTICE SYSTEM IN INDIA, (2nd edn. 2010), Oxford
University Press, (Chapter-4, p.128).

Cases

➢ Pushpalatha N.V. v. V.Padma , AIR 2010 Kar.124

➢ Gurnam Singh v. Pritam Singh & others, AIR 2010, P & H,NOC 938

Module III- Partition and Reunion

A. Meaning of partition:

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 Under Mitakshara and Dayabhaga

B. What property is Divisible on partition

1. Subject of partition

2. Property available for partition

3. Property not capable of division

C. Persons entitled to claim partition

D. Person entitled to a share on partition
E. Partition how effected or kinds of partition

a. What is partial partition

b. Partial Partition as to property

c. Partial partition as to persons

d. Effect of partial partition

e. Allotment of shares on partition

F. Re-opening of partition
G. Re- Union

a. Who may reunite

b. Effect of reunion

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22nd ed. 2016.
3. Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17th ed. 2014.
4. Prof. Kusum, The Family Law Lectures, 2015.
5. R.V. Kelkar, CRIMINAL PROCEDURE, 6TH ed. 2016.
6. Dr. Paras Diwan, Modern Hindu Law, Allahabad Law Agency.
7. Daniel Latifi, “Muslim Law”, in S.K Verma and Kusum (ed.), Fifty years of the Supreme
Court of India- Its grasp & reach, (2000), Oxford University Press.

Cases

1. Surjeet v. W. T. Commissioner AIR 1976 SC 109

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 2. Commissioner of Income- Tax v. Gomedalli Lakshminarayan, AIR 1935 Bom. 412

3. Moro Vishwanath v. Ganesh Vithal (1873) 10 Bom. 444

4. Muhammad Husain Khan v. Babu Kishva Nandan Sahai, AIR 1937 PC 233

5. C.N. Arunachala Mudaliar v. C.A. Muruganatha Mudaliar, AIR 1953 SC 495

6. Smt. Dipo v. Wassan Singh, AIR 1983 SC 846

7. Commissioner of Wealth-Tax v. Chander Sen, AIR 1986 SC 1753

8. M/s. Nopany Investments (P) Ltd. v. Santokh Singh (HUF),2007 (13) JT 448

9. Mrs. Sujata Sharma v. Shri Manu Gupta 226 (2016) DLT 647

10. Hunoomanpersaud Panday v. Mussumat Babooee Munraj Koonweree (1854-1857) 6

Moore’s IA 393 (PC) 36

11. Sunil Kumar v. Ram Prakash (1988) 2 SCC 77

12. Dev Kishan v. Ram Kishan, AIR 2002 Raj. 370

13. Balmukand v. Kamla Wati, AIR 1964 SC 1385

14. Guramma Bhratar Chanbasappa Deshmukh v. Mallappa Chanbasappa AIR 1964 SC 510

15. R. Kuppayee v. Raja Gounder (2004) 1 SCC 295

16. Arvind & Abasaheb Ganesh Kulkarni v. Anna & Dhanpal Parisa Chougule, AIR 1980 SC
645

17. A. Raghavamma v. A. Chenchamma, AIR 1964 SC 136

18. Puttrangamma v. M.S. Ranganna, AIR 1968 SC 1018

19. Kakumanu Pedasubhayya v. Kakumanu Akkamma, AIR 1968 SC 1042

Module IV- Succession amongst Hindus

1. Intestate succession

A. Devolution of Mitakshara Coparcenary Property

B. Succession to a Hindu Male

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C. Succession to property of a Hindu Female

D. General rules of Succession

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. Satyajeet A. Desai (rev.), D.F. Mulla, HINDU LAW, 22nd ed. 2016.
3. Vijender Kumar (rev.), J.D. Mayne, HINDU LAW & USAGE, 17th ed. 2014.
4. Prof. Kusum, The Family Law Lectures, 2015.
5. R.V. Kelkar, CRIMINAL PROCEDURE, 6TH ed. 2016.
6. Dr. Paras Diwan, Modern Hindu Law, Allahabad Law Agency.

Cases

1. Smt.Indra Kali v. Ravi Bhan AIR 2012 M.P.,NOC 256

2. Smt.Sarjoo v. Ayodhya Pd.,AIR 1981 SC 798.

3. Radha Kant Deo v. The Commissioner of Hindu Religious Charitable Endowment, AIR
1981 SC 798

4. Vellikannu v. R. Singaperumal (2005) 6 SCC 622

5. Nirmala v. Government of NCT of Delhi, 170(2010) DLT 577

6. Archna v. Dy. Director Of Consolidation (High Court of Allahabad on 27.03.2015)

7. Revanasiddappa v. Mallikarjun, (2011) 11 SCC 1

8. Ganduri Koteshwaramma and another v. Chakiri Yanadi & ors (2011) 9SCC 788

9. Prakash v. Phulavati, 2015 SCC Online SC 1114

10. Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum, AIR 1978 SC 1239

11. Uttam v. Saubhag Singh (2016) 4 SCC 68

12. Bhagat Ram v. Teja Singh, AIR 2002 SC 1

13. Omprakash v. Radhacharan, 2009(7) SCALE 51

14. Vaddeboyina Tulasamma v. Vaddeboyina Sesha Reddi, AIR 1977 SC 1944

15. Jagannathan Pillai v. Kunjithapadam Pillai, AIR 1987 SC 1493

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 16. Jupudy Pardha Sarathy v. Pentapati Rama Krishna (2016) 2 SCC 56

MUSLIM LAW
Module I – Maintenance (Nafaqa)

1. Maintenance

2. Persons entitled to maintenance

3. Persons obliged to maintain

4. Maintenance of divorced women

5. The Muslim Women (Protection of Rights on Divorce) Act, 1986

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. M. Hidayatulla and Arshad Hidayatulla, MULLA’S PRINCIPLES OF MOHAMMEDAN
LAW (19th ed., 2006)
3. Tahir Mahmood, FYZEE’S OUTLINES OF MOHAMMEDAN LAW (3rd ed., 2008)
4. Prof. Kusum, The Family Law Lectures, 2015.

Module II– Hiba (Gifts)

1. Definition of Hiba

2. Capactiy to make Hiba

3. Essentials of Hiba

4. Subject matter of Hiba

5. Revocation of Gifts

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. M. Hidayatulla and Arshad Hidayatulla, MULLA’S PRINCIPLES OF
MOHAMMEDAN LAW (19th ed., 2006)
3. Tahir Mahmood, FYZEE’S OUTLINES OF MOHAMMEDAN LAW (3rd ed., 2008)
4. Prof. Kusum, The Family Law Lectures, 2015.

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Cases

1. Smt Hussenabi v Husensab Hasan AIR 1989 Kant 218.

2. Mahboob Sahab v. Syed Ismail and others (1995) 3 SCC 693, Mussa Miya walad
Mahammed Shaffi v. Kadar Bax, AIR 1928 PC 108

3. Valia Peedikakkandi Katheessa Umma v. Pathakkalan Narayanath Kunhamu, AIR 1964

SCC 275

Module – III -Wills

1. Capacity to make a will

2. Formalities for making a will

3. Subject matter of will

4. Limitations on the power of legator to make will

5. Doctrine of Marz – ul - maut

6. Revocation of the wills

Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. M. Hidayatulla and Arshad Hidayatulla, MULLA’S PRINCIPLES OF MOHAMMEDAN
LAW (19th ed., 2006)
3. Tahir Mahmood, FYZEE’S OUTLINES OF MOHAMMEDAN LAW (3rd ed., 2008)
4. Prof. Kusum, The Family Law Lectures, 2015.

Cases

1. Abdul Manan Khan vs Mirtuza Khan AIR 1991

2. Syed Bazayet Hussein v. Dooli Chand, (1878) 5 I.A. 211)

Module IV- Sunni & Shia law of Inheritance

General Principles

1. Competence to inherit
2. Classes of heirs
3. Miscellaneous rules

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Suggested Readings

1. Dr. Poonam P. Saxena, Family Law II, 3rd ed. 2018

2. M. Hidayatulla and Arshad Hidayatulla, MULLA’S PRINCIPLES OF
MOHAMMEDAN LAW (19th ed., 2006)
3. Tahir Mahmood, FYZEE’S OUTLINES OF MOHAMMEDAN LAW (3rd ed., 2008)
4. Prof. Kusum, THE FAMILY LAW LECTURES, 2015.

Cases

1. Hayatuddin v. Abdul Gani, AIR 1976 Bom. 23

2. Abdul Hafiz Beg v. Sahebbi, AIR 1975 Bom. 165

3. Nawazish Ali Khan v. Ali Raza Khan (1948) 75 IA 62

4. Abdul Manan Khan v. Mirtuza Khan AIR 1991 Pat 154

5. Mazhar Hussen v. Bodhi Bibi (1898) 21 AII 91

6. Khalida Adib Begum v. S. A. Bashirunnissa Begum (1970) II MLJ 98

7. Abdul Rahman v. Athifa Begum AIR 1998 Kant 39

8. Enaet Hossein v. Khoboonnissa (1869) 11 WR 320

9. Mulani v. Maula Baksh (1924) 46 AII 260

10. Mahbood Khan v. Abdul Rahim AIR 1964 Raj 250

11. Ahmed G. H. Ariff v. Commissioner of Wealth Tax AIR 1971 SC 1691

12. Mohammad Shah v. Fasihuddin Ansari AIR 1956 SC 713

13. Abu Sayed v. Bakar Ali (1901) 24 All 190

14. Md. Ali v. Dinesh Chandra AIR 1940 Cal 417

Law Commission Reports

1. 66th report on Married women’s property Act

2. 98th report on Section 24 and 26 of Hindu succession Act
3. 208th report on Section 6 of the Hindu Succession Act
4. 207th report on section 15 of Hindu Succession Act

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Legislations

1. Hindu Adoption and Maintenance Act, 1956

2. The Juvenile Justice Care and Protection Act, 2015
3. The Code of Criminal Procedure, 1973
4. The Hindu Marriage Act, 1955
5. The Hindu Succession Act, 1956
6. The Muslim Women (Protection of Rights on Divorce) Act, 1986

The list of cases is merely enumerative, and more cases will be discussed during lectures.

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