School of Law and Governance

LAW-351 Public International Law L T P C

Version1.1 4 0 0 4
Pre-Requisites//Exposure Concept of State
Co-requisites Constitution of India
Semester VI
Programme B.A.LL.B.(H.) & B.Sc.LL.B. (H.)

1.0. Teaching Learning Methodology:

Lecture Method
Discussion Method
Presentation/Case analysis
Court Room Exercise
Problem Method

2.0.Evaluation Scheme:
Continuous Assessment 30 Points
Attendance 5 Points
Midterm 15 Points
End Term 50 Points

3.0. Prescribed Books:

1. Robert Jennings and Arthur Watts (eds.), Oppenheim’s International Law
[Vol. I – Peace] (9th ed., 1996)
2. I. Brownlie, Principles of Public International Law (7th ed., 2008)
3. I.A. Shearer, Starke’s International Law (2007)
4. D.J. Harris, Cases and Materials on International Law (6th ed., 2004)
5. Gurdip Singh, International Law (2003)
4.0. Course Contents

Module I: Nature and Development of International Law

Definition of International Law; International Law as “Law”; Basis of InternationalLaw -
Jurisprudential Theories; Codification of International Law; Sanctions ofInternational Law;
Subjects of International Law; Approach of Developing Countriestowards International Law
 School of Law and Governance

Module II: Sources of International Law

1. Statute of the International Court of Justice, 1945, Article 38 – (a)
InternationalTreaties and Conventions; (b) International Custom; (c) General
Principles of LawRecognized by Civilized Nations; (d) Judicial Decisions, Juristic
Opinion; (e) Exaequo et bono.

2. Other Sources of International Law: (a) Resolutions of General Assembly;

(b)Resolutions of Security Council
Case Laws
1. Lotus Case (France v. Turkey), PCIJ, Ser. A, No. 10 (1927)
2. North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3
3. Right of Passage over Indian Territory (Merits) (Portugal v. India), ICJ Rep. 1960, p.
6
4. Asylum Case (Columbia v. Peru), ICJ Rep. 1950, p. 266
5. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17
6. Libyan Arab Jamahiriya v. Malta, ICJ Rep. 1985, p. 35
7. Advisory Opinion of ICJ on the Legality of the Threat or Use of Nuclear Weapons, 35
International Legal Materials 809 (1996)
8. Advisory Opinion of ICJ on the Effect of Awards of Compensation made by the
United Nations Administrative Tribunal , 1954 International Law Reports 310
9. Island of Palmas Case (Netherlands v. United States) (1928) Permanent Court of
Arbitration, 2 R.I.A.A. 829
10. Temple of PreahVihearCase (Merits) (Cambodia v. Thailand), ICJ Reports 1962, p.6
11. Advisory Opinion of ICJ on Namibia, ICJ Rep. 1971, p. 16
12. Advisory Opinion of ICJ in Western Sahara Case, ICJ Rep. 1975, p. 12
Treaties
1. Charter of the United Nations
2. Statute of the International Court of Justice

Module III: Relationship between International Law and Municipal Law

1. Theories : (a) Monistic Theory (b) Dualistic Theory
2. Practice of States : India, United Kingdom, United States of America
Case Laws
13. In Re Berubari Union No. (I), AIR 1960 SC 845 : (1960) 3 SCR 250
 School of Law and Governance

14. Ram Kishore Sen v. Union of India (1966) 1 SCR 430 : AIR 1966 SC 644
15. Jolly George Varghese v. Bank of Cochin, AIR 1980 SC 470 (1980) 2 SCC 360
16. Gramophone Company of India Ltd. v. BirendraBahadur Pandey, AIR 1984 SC 667 :
(1984) 2 SCC 534
17. Union of India v. SukumarSengupta, AIR 1990 SC 1692 : 1990 Supp. SCC 545
18. Vellore Citizens’ Welfare Forum v. Union of India (1996) 5 SCC 647
19. Vishakha. State of Rajasthan, AIR 1997 SC 3011 : (1997) 6 SCC 241
20. CIT v. P.V.A.L. KulandaganChettiar(2004) 6 SCC 235
21. Committee of US Citizens Living in Nicaragua v. Reagan, US Court of Appeals
District of Columbia Circuit 1988, 859 Fed. Rptr. 2d 929

Module IV: State Responsibility

1. Basis of International Responsibility
2. Constituent Elements of International Responsibility: Damage Theory; Fault Theory;
Absolute Liability and Risk Theory
3. The Act of State (Rules of Attribution)
4. International Crimes and Delicts
5. Forms of Reparation : (a) Restitution; (b) Indemnity; (c) Satisfaction; (d) Guarantee
against Repetition
6. Expropriation of Property of Aliens: Calvo clause; Position of Shareholders and
Nationality of Corporation; Nationality by Naturalisation; Rule of Exhaustion of
Local Remedies
7. ILC Draft Code on Responsibility of States for Internationally Wrongful Acts, 2001
Case Laws
22. Nottebohm(Liechtenstein v. Guatemala) Case, ICJ Rep. 1955, p. 4
23. Barcelona Traction, Light and Power Co. Ltd. Case, ICJ Rep.1964, p. 6
24. Corfu Channel Case, ICJ Rep. 1949, p. 4
25. Nicaragua Case (Nicaragua v. USA) ICJ Rep.1986, p. 14
26. LaGrandCase (Germany v. United States of America) ICJ Reports 2001, p. 466
27. Case concerning Avena and other Mexican Nationals (Mexico v. United States of
America) ICJ Reports 2004, p. 12
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Module V: Law of the Sea

1. Maritime Zones: Territorial Sea, Contiguous Zone, Continental Shelf,
ExclusiveEconomic Zone and the High Seas
2. Delimitation of Adjacent and Opposite Maritime Boundaries
3. Concept of “Common Heritage of Mankind” Relating to the Resources of
International Seabed Area
4. International Seabed Mining – Parallel System of Mining
5. Indian Maritime Interests, Policy and Law
6. International Tribunal for the Law of the Sea

Case Laws
28. Anglo-Norwegian Fisheries Case(United Kingdom v. Norway), ICJ Rep. 1951, p. 116
29. North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3
30. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17
31. Libyan Arab Jamahiriya v. Malta, ICJ Rep. 1985, p. 35
32. Maritime Delimitation and Territorial Questions between Qatar andBahrain (Qatar
v. Bahrain), ICJ Reports 2001, p. 40
Treaties and Statutes
1. Geneva Convention on Territorial Waters and Contiguous Zone, 1958
2. Geneva Convention on Continental Shelf, 1958
3. Geneva Convention on Conservation of Fishing Resources, 1958
4. Geneva Convention on High Seas, 1958
5. United Nations Convention on Law of the Sea, 1982
6. Agreement relating to the Implementation of Part XI of the United
NationsConvention of 1994 on the Law of the Sea of 10 December 1982
7. The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976

Module VI: Human Rights

1. Human Rights: Concept, Basis and Evolution
2. Traditional Human Rights: Civil and Political Rights: Economic, Social andCultural
Rights
3. Third Generation Human Rights (Solidarity Rights)
4. Implementation of Human Rights at International Level
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5. Human Rights Council

6. European Convention on Human Rights
7. The Protection of Human Rights Act, 1993
Case Laws
33. Vishakha. State of Rajasthan, AIR 1997 SC 3011
34. Chairman, Rly. Board v. Chandrima Das (2000) 2 SCC 465

Treaties and Statutes

1. Universal Declaration on Human Rights, 1948
2. International Covenant on Civil and Political Rights, 1966
3. International Covenant on Economic, Social and Cultural Rights, 1966
4. Optional Protocol of International Covenant of Civil and Political Rights, 1966
5. European Convention on Human Rights, 1950, Protocol 9 of 1990 and Protocol11 of
1994
6. The Protection of Human Rights Act, 1993 (India)
 School of Law and Governance

BALAW4001C04 Law of Crimes- II [Criminal Procedure L T P C

Code]
Version1.1 4 0 0 4
Pre-Requisites//Exposure Indian Panel Code, 1860
Co-requisites Constitution of India
Semester IV
Programme B.A.LL.B.(H.)

1.0. Course Description:

The present course is procedural in nature and most of the provisions are contained in the
Criminal Procedure Code, 1973. It provides the machinery for the investigation of crime,
apprehension of suspected criminals, collection of evidence, determination of guilt or
innocence of the accused person and the determination of punishment of the guilty.
Additionally, it also deals with public nuisance, prevention of offences and maintenance of
wife, child and parents. The functionaries of the Criminal Justice System are duty bound to
ensure that those who undermine the happiness and security of the society by committing
offences of any kind do not go unpunished. It is also their duty to protect the human rights of
those who come in contact with them in the process of investigation and trial. Those held guilty
on the basis of evidence should be adequately punished but at the same time it must be ensured
that no innocent is unnecessarily punished. It expects the criminal justice system has to be
geared up in such a manner that investigations are conducted by efficient personnel in a
scientific manner, trial is held without delay of those charged with criminal offences with
sufficient evidence against them and trials are conducted effectively, efficiently and concluded
expeditiously before honest and efficient presiding officers. The Code of Criminal Procedure
contains the machinery for the investigation of crime, apprehension of suspected persons,
conduct of trial and the sentencing of the accused. It is further aimed at trying to provide a
balance between the needs of the investigating and adjudicatory bodies to detect crime,
maintain law and order and the rights of the accused. With the increasing complaints regarding
abuse of powers of arrest by the police, custodial torture and death, denial of bail, etc., the
course particularly focuses on investigation, arrest, bail and principles of fair trial, appeal,
revision provisions, confirmation of death sentence, suspension, remission and commutation
of sentence etc. The purpose of this course is to give a clear idea to the students about the
procedure established by law to deal with the stages from reporting of a crime till the sentencing
of criminal cases.

2.0. Objectives of the Course:

The main objectives of the Code are as follows:
 An accused person should get a fair trial in accordance with the accepted principles of
natural justice;
 Every effort should be made to avoid delay in investigation and trial which is harmful
not only to the individuals involved but also to society;
 The procedure should not be complicated and should, to the utmost extent possible,
ensure fair deal to the poorer sections of the community.
3.0. Course Outcomes:
After completing the course the student are equipped to deal with:

 Capacity of understanding about the nature and object of the Criminal Procedure Code,
the basic procedural safeguards as contained in the Code of Criminal Procedure on
commission of a crime.

 Shall be able to understand the procedural requirements to initiate criminal prosecution

and conduct of trial and the factors affecting the outcome of a criminal trial.

 Shall be able to analyze about ascertain scope of procedure and policy diffusion which
can strengthen our Criminal Justice system.

4.0. Pedagogy:
In this course various teaching-learning methods will be used. Student would be encouraged to
participate in class room discussions and make presentation on given topic. Discussions will
be combined with instructor facilitated experiences and lectures. These methods particularly
include:
 Class Room Discussion
 Case Studies
 Assignment Submission
 Individual Presentation
 Seminar Paper
 Group Discussion

5.05.0. Evaluation Scheme:

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

6.0. Course Content:

Module-I: First Information Report & Investigation
1. Classification of Offences
2. Lodging of FIR and other incidental matters
3. Investigation and Procedure of Investigation
4. Search and Seizure by Police Officer
5. Arrest of Persons: Procedure and their Rights
6. Filing of Charge Sheet/Final Report

Module-II: Complaint and Cognizance of Offences

1. Complaint: Meaning and Contents
 2. Courses open to the Magistrate for Verifying the Allegations
3. Enquiry and Investigation Procedure
4. Cognizance of Offence: Meaning and Limitation
5. Scrutiny of the Complaint and Issue of Process
6. Specials Summons and Supply of Copies to Accused
7. Committal Proceedings and Consolidation of Cases

Module-III: Bail and Bonds, and Charge

1. Bail: Meaning and Object
2. Bail in Bailable Cases
3. Bail in Non-Bailable Cases
4. Anticipatory Bail
5. Forfeiture of Bail and Bonds
6. Charge: Meaning and Contents
7. Form of Charge and Joinder of Charges

Module-IV: Trials, Trial Procedure and Judgment

1. Trial: Meaning and Objectives
2. Trial before Court of Session
3. Trial of Warrant and Summon Cases and Summary Trial
4. Judgment: Meaning, Contents and Special Reasons to be Recorded
5. Sentence, Probation & Security for Keeping Peace
6. Irregular Proceedings and Its Effect

Module-V: Appeal, Revision and Reference

1. Appeal: Meaning and Exceptions
2. Appeal against Conviction and Acquittal
3. Appeal how heard
4. Powers of Appellate Courts
5. Revision: Interlocutory and Final Orders
6. Reference

Module-VI: Miscellaneous Provisions

1. Maintenance under Criminal Procedure
2. Maintenance of Peace and Good Behaviour
3. Compensation and Costs
4. Inherent Power of Court

Case Laws:
1. Bachan Singh v. State of Punjab AIR 1980 SC 898
2. Bishnu Deo Shah v. State of WB AIR 1979 SC 964
3. Chitranjan. Das v. State of West Bengal AIR 1963 SC 1696
 4. D.K. Basu v. State of West Bengal AIR 1997 SC 610
5. Harpal Singh v. State of UP AIR 1993 SC 2436
6. KM Methew v. State of Kerala 1992 (1) SCC 217
7. Laxman Naik v. State of Orissa 1995 Cr.L.J. 2692 SC
8. Mohd. Ahmed Khan v. Shah Banu Begum 1985 Cr.L.J. 875
9. Mohd. Sakil v. Smt. Sabina Parveen 1987 Cr.L.J. 1509
10. Nanak Chand v. Chandra Kishore AIR 1970 SC 446
11. Omprakash v. State of UP AIR1960 SC 409
12. Rajendra Prasad v. State of UP AIR 1979 SC 916
13. RawalpantaVenkalu v. State of Hyderabad AIR 1976 SC 171
14. Shaikh Ishaq v. State of Bihar 1995 Cr.L.J. 2682 SC
15. Siraj Mohd. Khan v. Hafijunnisa Yasin Khan AIR 1981 SC 1972
16. State of HP v. Taradutta AIR 2000 SC 297
17. State of UP v. Lalai Singh Yadav AIR 1997 SC 202
18. State of West Bengal v. L Hague & Ors AIR 1989 SC 129
19. State v. Jagjit Singh AIR 1989 SC 989
20. Sunil Batra v. Delhi Administration AIR 1978 SC 1675

7.0. Recommended Books and Legislation

Bare Act:
 The Criminal Procedure Code, 1973
 The Indian Penal Code, 1860

Text Books:
 K.N.C. Pillai, R.V. Kelkar’s Criminal Procedure Code, 2014
 Ratanlal and Dhirajlal, The Code of Criminal Procedure, 2013
 P.C. Banerjee, Criminal Trial & Investigation, Orient Publishing Company,
Allahabad, 3rd Ed., 2001
 S.C. Sarkar, Law of Criminal Procedure, Indian Law House, New Delhi, 8th Ed. 2002
 S.N. Mishra, Code of Criminal Procedure Code, Central Law Publications, 2015

Reference Books:
 Ratanlal & Dhirajlal, Revised by B.M. Prasad & Manish Mohan, The Code of Criminal
Procedure, LexisNexis, 2016
 Sir John Woodroffe, Commentaries on Code of Criminal Procedure, Law Publishers
India (Pvt.) Ltd., 2014
 S.C.Sarkar, revised by Sudipto Sarkar & V.R.Manohar, The Code of Criminal
Procedure: An Encyclopaedic Commentary on the Code of Criminal Procedure, 1973,
2016, LexisNexis, 2015
 B.B.Mitra, revised by Justice S.R.Roy, Code of Criminal Procedure, 2011
Reports:
 Law Commission of India, 14th Report, on “Reforms of Judicial Administration, 1958”
 Report of the Expert Committee on “Legal Aid- Processual Justice to the People, 1973”
 Law Commission of India, 154th Report on “Code of Criminal Procedure, 1968”
 Malimath Committee Report on “Reforms of Criminal Justice System”, 2003
 School of Law and Governance

BALAW4004C04 Interpretation of Statutes and Legislative L T P C

Principles
Version1.1 4 0 0 4
Pre-requisites//Exposure
co-requisites
Semester IV
Programme B.A. LL.B.(H.)

1.0 Course Description

Laws enacted by the legislatures are interpreted by the judiciary. Enacted laws, especially the
modern Acts and Rules, are drafted by legal experts and it could be expected that the language will
leave little room for interpretation or construction. But the experience of all, who have to bear and
share the task of application of law, has been different. It is quite often observed that courts are
busy unfolding the meaning of ambiguous words and expressions and resolving inconsistencies.
The age old process of the application of the enacted laws has led to formulation of certain rules
of interpretation or construction. “By interpretation or construction is meant”, says Salmond, “the
process by which the courts seek to ascertain the meaning of the legislature through the medium
of authoritative forms in which it is expressed”. A statute is an edict of the Legislature and the
conventional way of interpreting and construing a statute is to seek the intention of its maker. A
statute is to be construed according to the intent of them that make it and the duty of judicature is
to act upon the true intention of the legislature.
2.0 Course Objectives
1. To understand the concept of Interpretation and construction & difference thereto.
2. To understand and examine the relevancy of various principles of interpretation
3. To identify the roles of judiciary in ascertaining meaning of any statute or in law making.
4. To assess the judicial trends in India
3.0 Course Outcomes
On completion of this course, the students will be
1. Acquainted with the concept and various types of Statutes.
2. Appreciate the relevancy of interpretation of the statute.
3. Learn the mechanism to find out the real intent of the legislature in making of the particular
Statutes.
4. Understand the relevancy of Internal and External Aid of Interpretation.
5. Apply the various doctrines of Constitutional Interpretation.
 School of Law and Governance

4.0 Pedagogy
A various learning methods will be used which will emphasize a cooperative learning format.
Student led discussions and presentations will be combined with instructor facilitated
experiences and lectures. Specific methods include:

 Class Room Discussion

 Teaching Assignment
 Presentations
 Case Studies
 Projects
 Seminar
 Panel Discussion

5.0. Evaluation Scheme:

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

6.0 Course Content

UNIT: 1. Introduction 6 Lectures
 Meaning, Objects, Nature and Scope of ‘Interpretation’ and ‘Construction’
 Types of Interpretation and Statute
 Difference between Interpretation and Construction
 Nature and Kinds of Indian Laws: Statutory, Non-statutory, Codified, State-made and
State-recognized laws.
 Act should be read as a whole (Ex Viceribus Actus)

Cases:
1. P. Ramachandra Rao v. State of Karnataka (2002) 4 SCC 578
2. Padma Sundara Rao v. State of Tamil Nadu (2002) 3 SCC 533
3. D.M., Aravali Golf Club v. Chander Hass, 2007 (14) SCALE 1
4. Bhatia Internationa lv. Bulk Trading S.A.(2002) 4 SCC 105

 Ut Res Magis Valeat Quam Pereat

 School of Law and Governance

UNIT: 2.Rules of Interpretation 15 Lectures

 Basic Rules of Interpretation
 Literal Rule or Plain Meaning Rule of Interpretation
Cases:
5. Jugalkishore v. Raw Cotton Co. AIR 1955 SC 376
6. B.N.Mutto v. T.K. Nandi(Dr.)(1979) 1 SCC 361
7. Ramavtar Budhai Prasad v. Assistant Sales Tax Officer,AIR 1961 SC 1325
8. M/s. Motipur Zamindary Co. (Private) Ltd. v. State of Bihar,AIR 1962 SC 660
 Golden Rule of Interpretation
Cases:
9. Lee v. Knapp (1967) 2 Q.B.442
10. G. Narayana swami v. Pannersevan (1972) 3 SCC 717
11. Union of India v. Filip Tiago De Gama of Vedem Vasco De Gama, AIR 1980 SC 981:
(1990) 1SCC 277
12. Nokes v. DoncasterAmalgamated Collieries (1940) AC 1014

 Mischief Rule of Interpretation

Cases:
13. Heydon’s case (1584) 3 Co. Rep. 7
14. R.M.D.C. v. Union of India, AIR 1957 SC 628
15. Commissioner of Income-tax. v. Smt. Sarda Devi, AIR 1957 SC 832
16. Utkal Contractors & Joinery (P) Ltd. v. State of Orissa, AIR 1987SC 1454
17. Smith v. Hughes(1960) 1 W.L.R.830
 Beneficial Rule of Interpretation
 Rule of Purposive Construction
Cases:
18. Rev.Stainislaus v. State of M.P., AIR 1977 SC 108
19. S.R. Chaudhuri v. State of Punjab, (2001) 7 SCC 126
20. All India Reporter Karamchari Sangh v. All India Reporters Ltd., AIR 1988 SC 1325
21. State of Mysore v. R.V. Bidap, AIR 1973 SC 255 : (1974) 3 SCC 337

 Harmonious Construction
Cases:
22. Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255
 School of Law and Governance

23. K.M. Nanavati v. State of Bombay, AIR 1961 SC 112

24. Calcutta Gas Co. v. State of West Bengal, AIR 1962 SC 1044
25. Sirsilk Ltd. v. Govt. of Andhra Pradesh, AIR 1964 SC 160 :(1964) 2 SCR 448
26. The Remington Rand of India Ltd. v. The Workmen, AIR 1968 SC 224 : (1968) 1 SCR 164.
 Subsidiary Rules of Interpretation
 Ejusdem generis
 Noscitur a sociis
Cases:
27. Hamdard Dawakhana v. Union of India, AIR 1960 SC 55.
28. Calcutta Municipal Corporation v. East India HotelsLtd., AIR 1996 SC 419
29. Oswal Agro Mills Ltd. v. CCE, 1993 Supp. (3)SCC 716

UNIT: 3. Internal Aids to Interpretation 5 Lectures

 Short and long titles, preamble, marginal notes, parts and their captions, chapters and their
captions, section headings
 Explanations, exceptions, examples, provisos and schedules
 Defining legal expressions like ‘means’ ‘includes’, ‘that is to say’, etc.
 Phrases like ‘grammatical variations and cognate expressions’
Cases
30. Biswambhar Singh v. State of Orissa, AIR 1954 SC 139 :
31. M/s. HiralalRattanlalv. State of U.P. (1973) 1 SCC 216.
32. Manoharlalv. State of Punjab, AIR 1961 SC 418 (1961) 2 SCR 343

UNIT: 4. External Aids to Interpretation 6 Lectures

 Parliamentary History
 Parliamentary proceeding
 Later Developments
 Dictionaries
 Foreign Judgments
Cases:
33. Shashi Kant Laxman Kale v. Union of India, AIR 1990 SC 2114 :(1990) 4 SCC 366
34. S.R. Chaudharyv. State of Punjab (2001) 7 SCC 126
35. State of Mysore v. R.V. Bidap, AIR 1973 SC 255
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UNIT: 5. Applied Principles of Interpretation 5 Lectures

 Fiscal Statutes
 Interpretation of Contracts
 Interpretation of Treaties
Cases:
36. The Empress Mills, Nagpur v. The Municipal Committee, Wardha, AIR 1958 SC 341
37. A.S. Sulochanav. C. Dharmalingam, AIR 1987 SC 242

UNIT: 6. Principles of Constitutional Interpretation 12 Lectures

 Rule of Presumption
 Doctrine of pith and substance
 Colourable legislation
 Ancillary powers
 Residuary power
 Doctrine of repugnancy
 Doctrine of Presumption
Cases:
38. Prufulla Kumar v. State Bank of Khulna, AIR 1946 PC.
39. Atiabari Tea Co. Ltd. v. State of Assam AIR 1961 SC 232.
40. Bengal ImmModuley Co. v. State of Bihar, AIR 1955 SC 61.
41. Saurabh Choudhry v. Union of India AIR 2004 SC 361
42. The Supreme Court Advocates on Record Association v. Union of India AIR 1994 SC 268.
43. Jagdish Sharan v. Union of India AIR 1980 SC 820
7.0. Text Books
1. B.M. Gandhi, Interpretation of Statutes, Eastern Book Company, 2 nd Edition, 2014.
2. T. Bhattacharya, Interpretation of Statutes, Central Law Agency, 6th Edition, 2013.

Reference Books
1. Justice G.P. Singh, Principles of Statutory Interpretation, Lexis Nexis, 12 th Edition, 2010
2. N.S. Bindra’s Principles of Interpretation, Lexis Nexis, 10 th Edition 2011.
3. Sir Peter Benson Maxwell on Interpretation of Statutes 6th Edition, 1920.
 School of Law and Governance

BALAW4005C04 Administrative Law L T P C

Version1.1 4 0 0 4
Pre-Requisites//Exposure Constitution of India
Co-requisites
Semester IV
Programme B.A.LL.B.(H.)

1.0 Course Description

As our constitution of India envisaged a social order free from any kind of exploitation and
assuring an equal opportunity to everyone in this country. This constitutional goal completely
transformed and revolutionized the function of state. The state has started interfering in the day
to day life of citizens at every point of time in the name of development of the country therefore
need was felt to control the un-ruling activities of the state. That need actually brought the
administrative law into existence, to regulate the functioning of the state. This branch of law
consist the concept of rule of law, separation of power etc. Rule of law requires the
administration of justice which shall be provided by following the principles of natural justice
i.e. no man should be left unheard and no one can be judge in his own case. It also establishes
the administrative Tribunals to adjudicate the dispute in order to provide justice by adhering
the principles of natural justice and using administrative discretion.

2.0. Course Objectives

Administrative Law carries a very important role in today’s curriculum of every law school.
Its study has following objectives:
1. To understand the reason of growth of administrative law.
2. To find out the relationship between Constitutional law and Administrative Law.
3. To examine the place of rule of law, Separation of Power in governance of India.
4. To understand the importance of Delegated legislation and mechanism to control
excess.
5. To analyse the role of Natural justice Principles in Administration.
6. To find out the limitation on administrative actions.
7. To assess the scope of government contract and vicarious liability.
8. To evaluate the structure and policies of control mechanism of administrative
authorities and assess the role and function of Administrative tribunal, Ombudsman
and CVC.

1
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3.0 Course Outcomes

After completion of the course student will be able:

1. To understand administrative law, its need and relevance in present society.

2. To understand and analyze some basic concept like Rule of Law, Separation of Power,
and Droit Administriff Etc.
3. To understand the role of administrative authorities, it establishment, need or
relevance of administrative authorities.
4. To understand the rule-making and decisions making power of the administrative
Authorities and also analyze the control mechanism over administrative authorities
5. To analyse the role Principles’ of Natural justice to be followed by Administrative
Tribunals in adjudication of disputes.
6. To analyze the functioning of Ombudsman, CVC and also the difficulties which are
faced by these institutions in functioning?
7. They will come to know about government’s liabilities in respect of wrong, whether
Contractual and Tortuous.
8. Students will develop a capacity to understand the role of administrative law in
various facets of governance.

5.0. Evaluation Scheme:

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

6.0 Course Contents

UNIT I: Weightage 15%
INTRODUCTION OF ADMINISTRATIVE LAW
1. Nature and Scope of Administrative law
2. Growth of Administrative Law
3. Difference between Administrative law and Constitutional law
4. Droit Administratiff
5. Rule of Law and Separation of Power

Relevant Cases
1. Aitbari Tea Co. vs. State of Assam, AIR 1961 SC 232
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2. Express Newspapers v. Union of India, AIR 1958 SC 578

3. Kameshwar Prasad v. State of Bihar, AIR 1962 SC 1166

Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata

UNIT II: Weightage 10%

ADMINISTRATIVE ACTIONS / ADMINISTRATIVE DISCRETION
1. Legislative, Administrative and Judicial Actions
2. Classification of Administrative Actions
3. Administrative Instructions and Administrative Discretion

Relevant Cases

1. In re Delhi Laws Act, AIR 1951 SC 332

2. Maneka Gandhi v. Union of India, AIR 1978 SC 597
3. A.K.Kraipark v. Union of India, AIR 1970 SC 150
4. R.D.Shetty v. International Airport Authority, AIR 1979 SC 1628
5. Union of India v. Charanjit S. Gill, AIR (2000) 5 SCC 742
6. State of West Bengal v. Anwar Ali, AIR 1952 SC

Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book
Company,Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa

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4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata

UNIT III: Weightage 15%

DELEGATED LEGISLATION AND ITS CONTROL
1. Meaning Need and Development of Administrative Rule-making
2. Constitutionality and Limits of Delegated Legislation
3. Classification of Delegated Legislation
4. Control of Delegated Legislations, Procedural – Parliamentary - Judicial

Relevant Cases
1. In re Delhi Laws Act, AIR 1951 SC 332
2. Field v. Clark, 143 US 649 (1892)
3. Emperor v. BenoariLal, AIR 1945 PC 48
4. R v. Burah, (1878) 3 AC 889
5. HamdardDawakhana v. Union of India, AIR 1960 SC 554
6. Air India v. NargeshMeerza, AIR 1981 SC 1829
Suggested Readings

1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,

Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata

UNIT IV: Weightage 15%

PRINCIPLES OF NATURAL JUSTICE
1. Principles of Natural Justice and its legal implication
2. Nemo debt ease judex in propriacausa
3. Audi alterampartem
4. Post decisional hearing
5. Exceptions to the rule of Natural Justice

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Relevant Cases
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
2. A.K.Kraipark v. Union of India, AIR 1970 SC 150
3. Ridge v. Baldwin, 1964 AC 40
4. Union of India v. Tulsiram Patel (1985) 3 SCC 398
5. Tata Cellular v. Union of India, (1994) 6 SCC 651
6. In re Vinay Chandra Mishra, (1995) 2 SCC 584
7. HiraNath Mishra v. Rajendra Medical College, AIR 1973 SC1260

Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
UNIT V: Weightage 15%
JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS
1. Jurisdiction of the Supreme Court U/A 32 and 136 and High Courts U/A 226 and 227
2. Private Law Review – Injunction – Declaration - Damages
3. Public Law Review – Certiorari – Prohibition – Mandamus – Quo Warranto – Habeas
Corpus
4. Res Judicata, Ouster / Finality Clause
5. Doctrine of proportionality – legitimate expectation – public accountability

Relevant Cases
1. Som Prakash Rekhi v. Union of India, AIR 1981 SC 212
2. NeerjaChaudhury v. State of M.P., AIR 1984 SC 1099
3. Daryao v. State of U.P., AIR 1961 SC1457

Suggested Readings

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1. DeSmith’s Judicial Review (5th edition) – De Smith - Sweet & Maxwell – Thomson
Reuters
2. Judicial Control of Administrative Action (2nd edition) – Justice B.P.Banerjee –
LexisNexis Butterworth Wadhwa
3. Res Judicata( Indian Reprint 2006) - Spencer Bower, Turner & Handley –
LexisNexis Butterworth Wadhwa

UNIT VI: Weightage 10%

ADMINISTRATIVE TRIBUNALS
1. Difference between Tribunals and Courts
2. Characteristic of statutory Tribunal
3. Central Administrative Tribunal
Relevant Cases
1. S.P.Sampath Kumar v. Union of India, (1987) 1 SCC 124
2. L.Chandra Kumar v. Union of India, (1997) 3 SCC 261

Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (5th edition) – P.P. Craig – Sweet & Maxwell – Thomson Reuters
3. Administrative Law (7th edition) – M.P. Jain& S.N.Jain – LexisNexis Butterworth
Wadhwa
4. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
5. Administrative Law – D.D.Basu – Kamal Law House, Kolkata

UNIT VII: Weightage 10%

OMBUDSMAN AND LOKPAL
1. Ombudsman and its development
2. Lokayuktas and Lokpal
3. Central Vigilance Commission
Relevant Cases
1. Maneka Gandhi v. Union of India, AIR 1978 SC 597
2. A.K.Kraipark v. Union of India, AIR 1970 SC 150

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Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (7th edition) – M.P. Jain & S.N.Jain – LexisNexis Butterworth
Wardha
UNIT VIII: Weightage 10%
PUBLIC CORPORATIONS
1. Government Companies and Public Corporation
2. Kinds of Public Corporations
3. Status of employees and government servants
4. Control of Statutory Corporation – public - parliamentary – governmental – judicial
Relevant Cases
1. State Trading Corp of India Ltd. v. C.T.O., AIR 1963 SC 1811
2. R.C.Cooper v. Union of India, AIR 1970 SC 564
3. Sukhdev Singh v. Bhagatram, AIR 1975 SC 1331
4. Fertiliser Corp Kamgar Union v. Union of India, AIR 1981 SC 344

Suggested Readings
1. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
2. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa

Module IX:
SERVICES UNDER GOVERNMENTS
1. Legal and Constitutional safeguards for government servants
2. Civil servant – Public servant – Government servant
3. Doctrine of Pleasure and its limitation

Relevant Cases
1. Union of India v. Tulsiram Patel, AIR 1985 SC 1416

Suggested Readings
1. Law of Suspension – M.S.Nila – Eastern Book Company, Lucknow

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2. Law & Procedures for Departmental Enquiries – B.R.Ghaiye - Eastern Book

Company, Lucknow
3. Domestic Enquiry, MarkandeyKatju, LexisNexis Butterworth
4. Service Law relating to Government & Public Undertakings, Samaraditya Pal,

Wadhwa

7.0. SELECT BIBLIOGRAPHY

1. De Smith’s Judicial Review (5th edition) – De Smith - Sweet & Maxwell – Thomson
Reuters
2. Administrative Laws (8th edition 2012) - I.P.Massey – Eastern Book Company,
Lucknow
3. Administrative Law (5th edition) – P.P.Craig – Sweet & Maxwell – Thomson Reuters
4. Judicial Control of Administrative Action (2nd edition) – Justice B.P.Banerjee –
LexisNexis Butterworth Wadhwa
5. Res Judicata( Indian Reprint 2006) - Spencer Bower, Turner & Handley –
LexisNexis Butterworth Wadhwa
6. Administrative Law (7th edition) – M.P.Jain&S.N.Jain – LexisNexis Butterworth
Wadhwa
7. Administrative Law (10th edition 2009) – Wade & Forsyth – Oxford University Press
8. Administrative Law – D.D.Basu – Kamal Law House, Kolkata
9. Administrative Law – U.P.D.Kesari – Allahadabad Law Agency
10. Administrative Law (5th edition 2012) – C.K.Takwani - Eastern Book Company,
Lucknow
11. Law of Suspension – M.S.Nila – Eastern Book Company, Lucknow
12. Law of Bias and Mala fides – A.S.Misra - Eastern Book Company, Lucknow
13. Law & Procedures for Departmental Enquiries – B.R.Ghaiye - Eastern Book
Company, Lucknow
14. Domestic Enquiry, Markandey Katju, LexisNexis Butterworth
15. Service Law relating to Government & Public Undertakings, Samaraditya Pal,
Wadhwa
16. Rule of Law in Free Society, N.R .Madhava Menon, Oxford

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BALAW4002C04 FAMILY LAW-I L T P C

Version: 1.1 4 0 0 4
Pre-requisites//Exposure Constitution
co-requisites Criminal Law & Evidence
Semester IV
Programme B.A. LL.B.(H) & B.Sc.LL.B.(H

1.0. Course Description:

Hindu law has the most ancient pedigree of any known legal system. Hindu law may be
described to be the ancient law of the Hindus rooted in the Vedas and enounced in the Smritis
as explained and enlarged in recognised commentaries and digests and as supplemented and
varied by approved usages. The concept of Hindu law is deeply rooted in Hindu philosophy
and Hindu religion. Till this day, no precise definition of the word ‘Hindu’ is available in any
statute or judicial pronouncement; it has defied all efforts at definition. There are two main
schools of Hindu law; viz. the Mitakshara school and the Dayabhaga school or Bengal school.
They have emerged in the era of Digests and Commentaries. The codified Hindu law lays down
uniform law for all Hindus. In the codified areas of Hindu law, there is no scope for existence
of schools. The schools of Hindu law have relevance only in respect of the un-codified areas
of Hindu law.

2.0 Course Objectives:

1. To know the various concepts and basis of evolution of Family Law.

2. To analyze and examine the different codified as well as uncodified family laws
operating in the Indian societal set up..
3. To examine Judicial trends and its impact.
4. To discuss the contemporary isssues affecting Family Laws.
5. To understand justice dispensation in Family Law and to identify the constraints in
the adoption of uniform civil code in India.
3.0 Course Outcomes
On completion of this course, the students will be able to:

1. Have conceptual clarity about marriage, divorce, parental custody, domestic abuse and
children's rights.
2. Understand the establishment, composition and powers of family Courts.
3. Understand and address the various issues and problems of adoption and maintenance.

4. Understand the provisions of guardianship and minority.

Pedagogy

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

5.0. Evaluation Scheme:

 30% - Continuous Internal Assessment (Formative in nature but also contributing to

the final grades).
 70% - End Term External Examination (University Examination).

6.0. Prescribed Legislations:

1. The Hindu Marriage Act, 1955

2. The Hindu Adoptions and Maintenance Act, 1956
3. The Hindu Minority and Guardianship Act, 1956
4. The Hindu Succession Act, 1956
5. The Special Marriage Act, 1954
6. Prohibition of Child Marriages Act, 2006
7. The Indian Succession Act
8. The Family Courts Act, 1984
9. Indian Divorce (Amendment) Act, 2001
10. Protection of Women against Domestic Violence Act, 2005

7.0. Course Contents:

Module I - Introduction to Family Law
 Concept of Family Law.

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 Nature and Evolution of Hindu Personal Law.

 Sources of Hindu Law, Schools of Hindu Law.
 Application and Interpretation of Hindu Law in India.

Suggested Readings:
1) Gaur, H.S., Gaur’s Commentaries on Hindu Law, Dwivedi& Co., Allahabad, 2007
2) Mayne, Hindu Law and Usage, Bharat Law House, New Delhi, 2008
3) Mulla, D.F., Principles of Hindu Law, Lexis Nexis Butterworth, Wadhwa Nagpur,
2010
4) Kane, P.V., History of Dharma Shastra, Bhandarkar Oriental Research Institute,
Pune, 1972
5) Diwan, Paras, Modern Hindu Law, Universal Law Publishing Co., New Delhi, 2002

Case Laws:
1. Shastri Yagnapurushadasji v. Muldas BhundardasVaishya, AIR 1966 SC 1119
2. Shuganchand v. Prakash Chand, AIR 1967 SC 506
3. Kailash v. Maya Devi, AIR 1984 SC 600
4. Anbalayan v. Devarajan, AIR 1984 SC 411

Module II - Marriage under Hindu and Christian Personal Law

 Concept of Marriage
 Forms of marriages
 Grounds of valid marriages, 205th report of Law Commission of India
 Requirement of a valid marriage and consequences of marriages
 Marriage under Special Marriage Act, 1954
 Solemnization and Registration of Marriage, 211Th report of Law Commission

Suggested Readings:
1) Mayne, Hindu Law and Usage, Bharat Law House, New Delhi, 2008
2) Mulla, D.F., Principles of Hindu Law, Lexis Nexis Butterworth, Wadhwa Nagpur,
2010
3) Diwan, Paras, Modern Hindu Law, Universal Law Publishing Co., New Delhi, 2002
4) Champappilly, Sebastian Dr., Christian Law on Marriage, Adoption & Guardianship
and Canon Law on Marriage, Southern Law Publishers, Cochin-22, Kerala
5) Kane, P.V., History of Dharma Shastra, Bhandarkar Oriental Research Institute,
Pune, 1972

Case Laws:

1. Anil Kumar Jain v. Maya Jain MANU/SC/1593/2009

2. Challamma v. Tilaga and Ors. MANU/SC/1350/2009
3. SmrutiPahariya v. Sanjay Pahariya MANU/SC/0980/2009
4. Smt. Anjali Kapoor v. Rajiv Baijal MANU/SC/0613/2009
5. Seema v. Ashvani Kumar MANU/SC/7805/2008

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6. Bhaurao v. State of Maharashtra, AIR 1965 SC 1564

7. Dr. A.N. Mukherji v. State, AIR 1969 All 489
8. P. Venkataraman v. State, AIR 1977 A.P.43
9. Santi Deb Berma v. KanchanPrava Devi, AIR 1991 SC 816
10. Veerappa v. Michael, AIR 1963 SC 933
11. Virendra Sigh Pal v. Kashibai, AIR 1998 M.P.324
12. S.P.S. Balasubramanyam v. Suruttayan, AIR 1992 SC 756
13. SurjitKaur v. Garja Singh, AIR 1994 SC 135
14. Lakshmi Sanyal v. Sachit Kumar Dhar, AIR 1972 SC 2667
15. Lily Thomas v. Union of India, AIR 2000 SC 1650 12
16. Seema v. Ashwani Kumar (2006) 2 SCC 578 51

Module III - Matrimonial Remedies

 Concept of Matrimonial Remedies.
 Restitution of Conjugal Rights.
 Judicial Separation
 Theories of Divorce under Hindu Laws, 217 th Report of Law Commission
 Grounds of Divorce and Relief under:
a. Hindu Marriage Act, 1955
b. Special Marriage Act, 1954
c. Indian Divorce (Amendment) Act, 2001
 Protection of Women against Domestic Violence Act, 2005

Suggested Readings:
1) Mayne, Hindu Law and Usage, Bharat Law House, New Delhi, 2008
2) Mulla, D.F., Principles of Hindu Law, Lexis Nexis Butterworth, Wadhwa Nagpur,
2010
3) Diwan, Paras, Modern Hindu Law, Universal Law Publishing Co., New Delhi, 2002
4) ParasharArchana, Dhanda, A., Redefining Family Law in India , Taylor & Francis
Books India Pvt. Ltd. 2007
5) Champappilly, Sebastian Dr., Christian Law of Divorce, Southern Law Publishers,
Cochin-22, Kerala
6) Behind Closed Doors: Domestic Violence in India, Rinki Bhattacharjee, Sage

Case Laws:

1. Narayan Ganesh Dastane v. Sucheta Narayan Dastane, AIR 1975 SC 1534

2. T. Sareetha v. VenkataSubbaiah, AIR 1983 AP 356
3. Saroj Rani v. Sudarshan Kumar, AIR 1984 SC 1562
4. Dharmendra Kumar v. Usha Kumar, AIR 1977 SC 2218
5. HarvinderKaur v. Harmender Singh, AIR 1984 Delhi 66
6. TirathKaur v. Kirpal Singh AIR 1964 Raj 28
7. SurinderKaur v. Gurdeep Singh, AIR 1973 P&H 134

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8. Gaya Prasad v. Bhagwati, AIR 1966 MP 212

9. ChetanDass v. Kamala Devi, AIR 2001 SC 1709
10. Praveen Mehta v. Inderjit Mehta, AIR 2001 SC 2582
11. Sureshtta Devi v. Om Prakash, AIR 1992 SC 1904
12. Ashok Hurra v. Rupa Bipin Zaveri, AIR 1997 SC 1266
13. V. Bhagat v. D. Bhagat, AIR 1994 SC 710
14. G.V. NkameswaraRao v. G. Jabilli, AIR 2002 SC 576
15. SwarajGarg v. K.M.Garg, AIR 1978 Del 296

Module IV - Maintenance and Adoption & Guardianship

 Provisions of maintenance in Hindu personal Laws
 The Hindu Adoption and Maintenance Act, 1956
 Provisions of for Maintenance in Cr. P.C. (Ss. 125-128)
 Maintenance under the Hindu Marriage Act, 1955
 Law of Guardianship
 Requisite of a valid adoption and Effects of adoption
 Adoption by foreign parents
 Surrogacy and Parentage Issues, 228 th Report of Law Commission of India

Suggested Readings:
1) Mayne, Hindu Law and Usage, Bharat Law House, New Delhi, 2008
2) Mulla, D.F., Principles of Hindu Law, Lexis Nexis Butterworth, Wadhwa Nagpur,
2010
3) Champappilly, Sebastian Dr., Christian Law on Marriage, Adoption & Guardianship
and Canon Law on Marriage, Southern Law Publishers, Cochin-22, Kerala
4) Row, Sanjiva, The Indian Succession Act, 1925, Law Book Company, Allahabad,
2001
5) Kane, P.V., History of Dharma Shastra, Bhandarkar Oriental Research Institute,
Pune, 1972
6) Gaur, H.S., Gaur’s Commentaries on Hindu Law, Dwivedi& Co., Allahabad, 2007
7) ParasharArchana, Dhanda, A., Redefining Family Law in India, Taylor & Francis
Books India Pvt. Ltd. 2007

Case Laws:
1. Rameshwari Devi v. State of Bihar, AIR 2000 SC 735
2. Gita Hariharan v. Reserve Bank of India, AIR 1999 SC 1149
3. Lakshmi Kant Pandey v. Union of India, AIR 1984 SC 469
4. Khazan Singh v. Union of India, AIR 1980 Del 60
5. ChandanBilasini v. Afftabuddin Khan, AIR 1996 SC 591
6. Sawan Ram v. Kalawati, AIR 1967 SC 1761
7. Sitabai v. Ramchandran, AIR 1970 SC 343
8. Philips Alfred v. Y.J.Gonsalvis, AIR 1999 Ker. 187
9. HeeraLal v. Board of Revenue, AIR 2001 Raj 318

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10. Jai Singh v. Shakuntala, AIR 2002 SC 1428

Module V - Succession Laws
 Hindu Joint Family
 General principles of Hindu succession law
 Intested and Testamentary Succession
 Devolution of property of Hindu male and Hindu female
 Disqualification under succession laws

Suggested Readings:
1) Mulla, D.F., Principles of Hindu Law, Lexis Nexis Butterworth, Wadhwa Nagpur, 2010
2) Row, Sanjiva, The Indian Succession Act, 1925, Law Book Company, Allahabad, 2001
3) The Hindu Law of Marriage and Stridhana (Tagore Law Lecture), Sir Gooroodas
Banerjee, Mittal Publication
4) Joint Property and Partition (Tagore Law Lecture), Mitra, Kamal Law House, Kolkata

5) Testamentary and Intested Succession, Paras Diwan, Universal

Module VI – Family Courts

 Family Courts.
 Concept of Family Courts.
 Salient Features of Family Courts Act, 1984.
 Jurisdiction and Procedures.
 Powers and Functions.
 Achievements and Failures of Family Courts in India.
 Need for Uniform Civil Code, Implications.
 Live-in-Relationship, Gay Marriage and International scenario.
 Efforts of Judiciary and Indian Legislature, 212 th Law Commission Report

Suggested Readings:
1) Mulla, D.F., Principles of Hindu Law, Lexis Nexis Butterworth, Wadhwa Nagpur, 2010
2) Champappilly, Sebastian Dr., Christian Law on Marriage, Adoption & Guardianship
and Canon Law on Marriage, Southern Law Publishers, Cochin-22, Kerala
3) Row, Sanjiva, The Indian Succession Act, 1925, Law Book Company, Allahabad, 2001
4) Kane, P.V., History of Dharma Shastra, Bhandarkar Oriental Research Institute, Pune,
1972
5) Gaur, H.S., Gaur’s Commentaries on Hindu Law, Dwivedi& Co., Allahabad, 2007
6) ParasharArchana, Dhanda, A., Redefining Family Law in India , Taylor & Francis
Books India Pvt. Ltd. 2007
7) Mukherjea, B.K., Hindu Law of Religious and Charitable Trust, Eastern Law House,
Calcutta, 2003
Case Laws:
1. SarlaMudgal v. Union of India (1995) 3 SCC 635
2. Lily Thomas v. Union of India, AIR 2000 SC 1650

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3. John Vallamatton v. Union of India, AIR 2003 SC 2902

Further Suggested Readings

1. Introduction of Modern Hindu Laws, J.D.M.Derrett, Oxford University Press, London

2. Hindu Law: Beyond tradition and modernity, Warner Menski, Oxford, New Delhi

3. Principles of Hindu Laws, D.F.Mulla, Butterworth

4. History of Dharmashastras, P.V.Kane, Bhandarkar Institute, Poona

5. Hindu Laws, Paras Diwan, Allahabad Law Agency

6. Testamentary and Intested Succession, Paras Diwan, Universal

7. An Introduction to Modern Hindu Law, J.D.M.Derret, Oxford University Press,

London

8. Hindu Law: An Introduction to Legal Systems, J.D.M.Derret, Sweet & Maxwell,

London

9. Essays in Classical and Modern Hindu Law, J.D.M.Derret, Leiden : Brill

10. Religion, Law and the State in India, J.D.M.Derret, Faber and Faber, London

11. General Principles of Hindu Jurisprudence (Tagore Law Lecture), Priya Nath Sen,
Allahadabad Law Agency

12. The Hindu Law of Marriage and Stridhana (Tagore Law Lecture), Sir Gooroodas
Banerjee, Mittal Publication

13. Law of Marriage and Divorce, Paras Diwan, Universal

14. Joint Property and Partition (Tagore Law Lecture), Mitra, Kamal Law House, Kolkata

15. Postcolonial Politics and Personal Laws, Rina Verma Williams, Oxford

16. Debating Patriarchy: The Hindu Code Bill Controversy in India (1941-1956), Chitra
Sinha, Oxford University Press, 2012

17. Same Sex Marriages – An Overview, C.P.Nandini, Amicus Books / Asia Law House

18. Behind Closed Doors: Domestic Violence in India, Rinki Bhattacharjee, Sage

19. Appropriation and Invention of Tradition: The East India Company and Hindu Law in
Early Colonial Bengal, Nandini Bhattacharyya-panda, Oxford University Press, 2012

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8
 INDIAN POLITICAL THOUGHT

Course Details
Course Title: Indian Political Thought
Course Code BALAW Credits 4
L+T+P 3+1+0 Course Duration One Semester
Semester IV Contact Hours 45 (L) + 15 (T) Hours
Methods of Lecture, Tutorials, Group discussion; Self-Study, Presentations by
Content Students, Class assignments.
Interaction
Assessment and  30% - Continuous Internal Assessment (Formative in nature but
Evaluation also contributing to the final grades)
 70% - End Term External Examination (University Examination)

Course Objectives
• To provide to the students the foundational knowledge about the Indian political
thinking and its various phases of evolution.
• To help the students understand concepts and ideological constructs of Indian thinkers.
• To help them understand socio-political ideas of prominent political thinkers of India.
• To help the students to correlate the debate with contemporary political-legal
developments.

Learning Outcomes
After completion of the course the students should be able to:
 Understand the socio-political background and its relationship with the evolution and
development of political thinking in India
 Analyse the socio-political ideas of prominent Indian political thinkers and its
applicability in the political constitutional/legal field.
 Understand the relevance of Indian political ideas in contemporary times
 Compare and contrast some of the relevant concepts in Indian political thinking with the
Western political ideas.
Course Contents
UNIT I: Introduction to Indian Political Thought (15 % Weightage)
 Meaning of Political Thought
 Political Thought in India
 Socio-political background to the evolution of political thought in India

UNIT II: The Ancient Tradition (20 % Weightage)

 State, government and statecraft in Ancient India
 Manu
 Kautalya

UNIT III: Modern Indian Political Thought: Early Liberals (15 % Weightage)
 Ram Mohun Roy
 Gopal Krishan Gokhale
 Syed Ahmed Khan

UNIT IV: Cultural Nationalists (25 % Weightage)

 Bal Gangadhar Tilak
 Vivekanand
 Dayanand Saraswati
 Bankim Chandra Chaterjee
 V D Savarkar

UNIT V: Socialists, Idealists, Practitioners and Radicals (25 % Weightage)

 Jay Prakash Narayan

 M.N. Roy
 Jawaharlal Nehru
 M.K. Gandhi
  Rabindranath Tagore
 B.R. Ambedkar

Content Interaction Plan:

Lecture cum
Discussion
Unit/Topic/Sub-Topic
(Each session of
1 Hour)

1-3  Meaning of Political Thought

4  Political Thought in India
5-7  Socio-political background to the evolution of political thought in
India
8-10  State, government and statecraft in Ancient India
11-13  Manu
14-16  Kautalya
17-18  Bal Gangadhar Tilak
19-21  Vivekanand
22-23  Dayanand Saraswati
24-26  Bankim Chandra Chaterjee
27-28  V D Savarkar
29-30  Jay Prakash Narayan
31-33  M.N. Roy
34-35  Jawaharlal Nehru
36-39  M.K. Gandhi
40-42  Rabindranath Tagore
43-45  B.R. Ambedkar
15 Hours Tutorials

 Suggested References:
 Singh, M. P and Roy, Himanshu. Eds. (2011). Indian Political Thought: Themes and
Thinkers. New Delhi: Pearson.
 Chandra, Bipan. (2011). Essays on Indian nationalism. New Delhi: Har Anand
Publications.
 Padhy, K. S. (2011). Indian political thought. New Delhi: PHI Learning Private Ltd.
 Mehta, V.R., & Pantham, Thomas. (Ed.) (2006). Political ideas in modern India:
thematic explorations. New Delhi: Sage Publications.
 Verma, Vishwanath Prasad. (1971). Modern Indian political thought. Agra:
Lakshami Narayan Agarwal.
 Singh, Akash, Mohapatra, Silka. (2010). Indian political thought: A reader. New
Delhi: Routledge.
 Chakrabarty, Bidyut, & Pandey, Rajendra Kumar. (2009). Modern Indian political
thought: text and context. New Delhi: Sage Publications.
 Pantham, Thomas, & Deatsch, Kennath L. (Eds.). (1986). Political thought in
modern India. New Delhi: Sage Publication.
 Appadorai, A. (1971). Indian political thinking in the twentieth century. London:
OUP.