COURSE MANUAL

LEGAL METHODS
Fall,2022

(AY 2022- 2023)

SEMESTER I (BBA. LL.B, B.A., LL.B & LL.B)

Instructors:

Dipika Jain, Sandeep Suresh, Mohsin Alam Bhat,

Sandeep Kindo, Biswanath Gupta, Sourav Mandal,
Anjana Ramanathan, Namrata Mukherjee,
Vishavjeet Chaudhary, Saksham Shukla, Shaurya
Upadhyay

Assistant instructors:

Katyayani Sinha, Sanya Darakhshan Kishwar

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 CONTENTS

PART I

General Information………………………………………………………………………………..3

PART II

a. Course Description…………………………………………………………………………..4
b. Course Aims…………………………………………………………………………..………..5
c. Intended Leaning Outcomes ……………………………………………………..........7
d. Grading of Student Achievement……………………………………………............8

PART III

Keyword Syllabus…………………………………………………………………………………..10
Course Policies……………………………………………………………………………………….10

PART IV

Lecture Programme …………………………………………………………......................12

PART V

Weekly Readings

Week I-II…………………………………………………………………………………….13
Week II- III………………………………………………………………………………….14
Week IV………………………………………………………………………………………14
Week V…………………………………………………………………………………….....15
Week VI………………………………………………………………….…………………..16
Week VII……….…………………………………………………………………………….16
Week VIII…………………………………………………………………………………….17
Week IX……………………………………………………………………………………....19
Week X…………………………………………………………………………………………20
Week XI.……………………………………………………………………………………….21
Week XII……………………………………………………………………………………….22
Week XIII………………………………………………………………………………………23
Week XIV………………………………………………………………………………………24
Week XV……………………………………………………………………………………….25
Week XVI…………………………………………………………………………………..….26

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 PART I

General Information

General Information on, Legal Methods, offered by Jindal Global Law

School

of the AY 2021-22

Course Title: Legal Methods I

Course Code: LW1101

Course Duration: One Semester

No. of Credit Units: 4 credits (BA, LLB; BBA, LLB and LLB)

Level: Under-graduate level (Foundational)

Medium of Instruction: English

Pre-requisites: Nil

Pre-cursors: Nil

Equivalent Courses: Nil

Exclusive Courses: Nil

The above information shall form part of the University database may
be uploaded to DSpace into the KOHA Library system and catalogued
and may be distributed amongst the first-year students.

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 PART II

A. Course Description

This introductory course covers legal methods for students of law in their first year.
In this course, students will be introduced to the themes of law, morality, and
justice, undertaking an intersectional analysis of the emancipatory and oppressive
potential of the law. It will introduce students to the various methods of
classifications of law, such as domestic and international law, procedural and
substantive law. This course will discuss key questions such as, is law political?
What are the hierarchies in the legal profession?

Students will learn to read statutes, cases and other legal and legally-relevant
material, and to identify and resolve issues that involve the law. The syllabus
includes selected analytical legal materials and aims to provide a familiarity with
the context, syntax and grammar of law that is vital to address situations that
lawyers, judges and legal institutions have to regularly engage with. Through the
detailed study of selected legal materials, the course also hopes to provide students
of law with a picture of the different approaches, attitudes, theories and
philosophies that make law such an exciting subject of scholarly studies.

Materials studied include classic and modern legal cases. In addition to working
directly with selected original and appellate decisions (and the arguments and
pleadings involved in these), students will also learn to use important texts and
writings that hold a strong influence on contemporary legal method and the law. A
few of the cases and texts in the syllabus have been specifically chosen to build a
foundation for the sustained study of legislative history, institutional roles,
statutory interpretation, and legal reasoning.

Further, in this course, students will also develop skills in research, writing and
critical thinking. How does one research effectively? What does it mean to critically
engage with a text? How are Kafka and Manto relevant to a first year law student?
By analysing judgments such as Vishaka v. State of Rajasthan, and engaging with
popular culture material through films such as Fandry and Court, students will
also understand the structural barriers of caste, gender, sexuality etc. that affect
one’s access to the law and to justice.

Stories and literary excerpts, films, workshop-format interactions with experts,

and field trips to institutions will contribute to the holistic treatment of the subject
matter.

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 B. Course Aims

The course:

Ø Develop an interdisciplinary understanding of the concepts of justice,

morality, and law

Ø provides familiarity with legal structures, processes, and institutions.

Ø fosters ability to identify, read, analyze and formulate substantive

arguments in favor of or against a legal proposition

Ø develops critical understanding of the processes of law-making by

legislative, judicial, administrative and informal law-making bodies

Ø Introduces importance of court craft and legal reasoning

Ø Introduces the terminology, syntax and meaning of law through a step-by-

step systematic approach

Ø fosters ability to identify relevant information and distinguish it from

irrelevant information in a legal context

Ø seeks to develop skills that law students need for effectively researching and
using cases, statutes and other legal materials

Ø introduces the structural hierarchy of values and norms in legal systems

Ø encourages legal reading and writing in a clear, coherent and critical

manner

Ø develops an interdisciplinary perspective to the study of law and its role in

our lives

Ø Develops critical thinking in law through introduction of various school of

thoughts and appreciation of legal theory.

Ø Inculcate love for reading and critical thinking in Law

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At the end of the course, the student will be able to:

• demonstrate an ability to locate, identify and analyze the sources of law in a

legal system

• conduct case law analysis, i.e. identify and understand the principles and
policies supporting the decision

• develop a critical understanding of the role of courts, judges and legislatures

and other administrative organs

• approach legal issues in a structured manner and frame responses to the

issues as a lawyer would do

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 C. Intended Learning Outcomes

Course Intending Weight Teaching and Assessment

Learning Outcomes Learning Tasks/
Activities Activities
By the end of the course, students Students’ ability to
should be able to: grasp and
I. Critically read 40% (i) Lectures: critically evaluate
court decisions, Students will be the topics/issues
statutes, scholarly introduced to a set discussed in the
legal opinions, and of key texts and syllabus will be
other legal ideas in the critical tested through
material. tradition. These continuous
II. Comprehend the texts and ideas will assessments
principles and be presented in through the
policies supporting conversation with semester as well as
legal decisions each other and with an end-term
from multiple the analytical written
perspectives tradition that has examination.
informed by been covered in
various theories of Jurisprudence I.
Law.
I. Demonstrate an 30% (ii) Reading:
interest in an Students will
interdisciplinary acquire the skills to
approach to law do critical readings
and acquire basic of texts.
knowledge on legal
reasoning. (iii) Writing:
Students will learn
Communicate 30% to draft case briefs,
critically, both legal opinions,
orally and in critical briefs and
writing, various reflection
perspectives in law. papers/short
opinion pieces/case
comments.

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 D. Grading of Student Achievement

To pass this course, students must obtain a minimum of 50% in the

cumulative aspects of coursework: tutorials, moot, and final
examination. End of semester exam will carry 50 marks.

The details of the grades as well as the criteria for awarding such grades are
provided below.

Letter Percentage Grade Definitions

Grade Of marks
O 80% and above Outstanding Outstanding
work with strong
evidence of
knowledge of the
subject matter,
excellent
organizational
capacity, ability
to synthesize and
critically analyse
and originality in
thinking and
presentation.
A+ 75 to 79.75% Excellent Sound
knowledge of the
subject matter,
thorough
understanding of
issues; ability to
synthesize
critically and
analyse
A 70 to 74.75% Good Good
understanding of
the subject
matter, ability to
identify issues
and provide
balanced
solutions to
problems and

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 good critical and
analytical skills.
A- 65 to 69.75% Adequate Adequate
knowledge of the
subject matter to
go to the next
level of study and
reasonable
critical and
analytical skills.
B+ 60 to 64.75% Marginal Limited
knowledge of the
subject matter,
irrelevant use of
materials and
poor critical and
analytical skills.
B 55 to 59.75% Poor Poor
comprehension
of the subject
matter; poor
critical and
analytical skills
and marginal use
of the relevant
materials.
B- 50 to 54.75% Pass “Pass” in a pass-
fail course. “P”
indicative of at
least the basic
understanding of
the subject
matter.
F Below 50% Fail Fails in the
subject

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 PART III

a. Keyword Syllabus

Critical thinking, Law and Morality, Marginality, Emancipation and Oppression,

Legal Reasoning, Law is Politics, Case Briefs, Logic, Judicial Activism, Legal
Theories, Legal Systems, Civil Law and Common Law, Justice, Statutory
Interpretation etc.

b. Course Policies

Academic Integrity and Honesty

Learning and knowledge production of any kind is always a collaborative process.

As such, collaboration demands an ethical responsibility to acknowledge who we
have learnt what from, and how reading and learning from others have helped us
shape our own ideas. Even originality requires an acknowledgement of the sources
and the processes that helped you achieve it. Thus, any idea, sentence or paragraph
you refer to or are inspired by must be cited in the piece of writing or any
presentation being made. Any source from the internet, articles, books, journals,
magazines, case law, statute, photographs, films, paintings, etc. must be credited
with the original source. If the source or inspiration for your idea is a friend, a
casual chat, something that you overheard, or heard being discussed at a
conference or in class, even these must be credited. If you paraphrase or directly
quote from a web source in the exam, presentation or essays, the source must be
explicitly mentioned. The university has strict rules with consequences for
students involved in plagiarism. This is an issue of academic integrity on which no
compromise will be made, especially as students have already been trained in the
perils of lifting sentences or paragraphs from others and claiming authorship of
them.

Cell Phones

Students must keep their cellphones on switched off/ flight mode. Any student
found using a cellphone while class is ongoing will be liable to face disciplinary
action.

Laptops and Similar Gadgets

Students may be permitted to use their laptops in class for the purposes of
reviewing reading materials and taking notes. Under no circumstances should
laptops be used in class to access email, social or other networking websites or use
instant messaging software. A violation of this policy will result disciplinary action

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which may include the forfeiture of this permission for the remainder of the
semester. The instructors may withdraw this permission at any time.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with a
known disability needing academic accommodations are required to register with
the Disability Support Committee [email protected]. The Committee has so far
identified the following conditions that could possibly hinder student’s overall
well-being. These include physical and mobility related difficulties; visual
impairment; hearing impairment; medical conditions; specific learning difficulties
e.g. dyslexia; mental health.

The Disability Support Committee maintains strict confidentiality in its

discussions. The students should preferably register with the Committee in the
month of June/January as disability accommodation requires early planning. DSC
will approve and coordinate all the disability related services such as appointment
of academic mentors, specialized interventions and course related requirements
such as accessible classrooms for lectures, tutorials and examinations.

All faculty members are required to refer students with any of the above-
mentioned conditions to the Disability Support Committee for addressing
disability-related accommodation requirements.

Safe Space Pledge

This course will discuss a range of issues and events that might result in distress
for some students. Discussions in the course might also provoke strong emotional
responses. To make sure that all students collectively benefit from the course, and
do not feel troubled due to either the contents of the course, or the conduct of the
discussions, it is incumbent upon all within the classroom to pledge to maintain
respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a
safe space where everyone can speak and learn without inhibition and fear. This
responsibility lies not only on students, but also the instructor.

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 PART IV

LECTURE PROGRAMME

Module Lecture Topic

1 UNDERSTANDING LAW, MORALITY, & JUSTICE

2 FOUNDATIONS OF MODERN LAW

3 INTRODUCTION TO THE INDIAN LEGAL SYSTEM

4 SOURCES OF LAW AND HOW TO READ A CASE

5 INTRODUCTION TO THE CRIMINAL JUSTICE

SYSTEM AND JURY TRIALS

6 IS LAW POLITICAL?

7 LEGISLATION AND SUBORDINATE LEGISLATION

8 CANONS OF STATUTORY INTERPRETATION

9 LOGIC AND LEGAL REASONING

10 THE DOCTRINE OF PRECEDENT

11 LOCATION OF RATIO AND ITS CONTROVERSIES

12 PROCEDURAL CONCEPTS IN LAW

13 LAW AND JUSTICE

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 PART V

WEEKLY READINGS

Each module has its own set of essential readings, including articles, short stories,
films and other material as necessary. Where needed, recommended readings have
also been provided. Although not specified in the weekly readings list, Glanville
Williams’ Learning the Law can be used as reference throughout the course.

Weeks I and II

UNDERSTANDING LAW, MORALITY & JUSTICE

In the first week, the focus will be on the different approaches to the concept of
law, justice and morality. The reading materials and discussions will introduce
and explore the key question of ‘What is law?’ and will lay down the foundations
for a general framework for legal thought.

A useful starting point will be a discussion of the fictitious case of Speluncean

explorers authored by Lon Fuller. "The Case of the Speluncean Explorers".
Read this case carefully and consider which of Fuller’s fictitious judges you would
agree with. You may also consider:

1. What is Law? How is it related to the ideas of Justice and Morality?

2. What is the correct philosophy of law?
3. What is the proper role of judges?
4. What is the relationship between justice, the law, and the various agencies
of the government?
5. How should judges rule in this case?

Essential readings:

1) Lon Fuller, “Speluncean Explorers”, 62(4) Harvard Law Review (1949)

pages 616-645.

2) Franz Kafka, “Before the Law” in The Trial

Recommended readings:

1) Art Spiegelman, Maus (Excerpts)

2) Ian Mcleod, Legal Theory (Palgrave Macmillan, 4th ed.) Chapter 2, pages
17-37
3) Scott J. Shapiro, Legality, (2013)

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 Weeks II-III

THE FOUNDATIONS OF MODERN LAW

Law is widely considered to draw its authority from the powers of political
institutions. Others consider law to be grounded in judicial decisions and the
customary practice of nations. What are the sources of law? What are the concepts
and principles underlying the law?

This session will briefly chart the evolution of law from naturalist to positivist legal
systems. It will introduce civil and common law systems, and the differences
between adversarial and inquisitorial methods, focusing on the nature and
evolution of the mixed common law system found in India before undertaking a
comparative analysis of other Anglo-American legal systems with civil law systems
(e.g., the law of most nations of Continental Europe).

Essential readings:

1) Margaret Fordham, “Comparative Legal Traditions – Introducing the

Common Law to Civil Lawyers in Asia”, 1 The Asian Journal of
Comparative Law 1 (2006), pages 1-5.

2) Overview of the Common and Civil Law Traditions

https://www.law.berkeley.edu/wp-
content/uploads/2017/11/CommonLawCivilLawTraditions.pdf

Recommended Readings:

1) B.S. Chimni, “The Past, Present and Future of International Law: A

Critical Third World Approach”, 8 Melbourne Journal of International Law
2 (2007).
2) Khaled Abou El Fadl, ‘Chapter II – What type of Law is Islamic Law?’, in
Routledge Handbook of Islamic Law, ed: Khaled Abou El Fadl, Ahmad Atif
Ahmad and Said Fares Hassan, p.11-56 (2019, Routledge)
3) Peer Zumbansen, ‘Chapter 7 – Manifestations and Arguments - The
Everyday Operation of Transnational Legal Pluralism’ in The Oxford
Handbook of Global Legal Pluralism, ed: Paul Schiff Berman, p.231-261
(2020, Oxford University Press)
4) Sally Engle Merry, ‘Legal Pluralism’, Law & Society Review, Vol. 22, No. 5
(1988), pp. 869-896

Week IV

INTRODUCTION TO THE INDIAN LEGAL SYSTEM

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This session will provide an introduction to India’s legal system, its organization
and administration. Key attributes of a legal system will be identified and
discussed. Study of the foundational aspects of the Indian legal system, its
evolution as a common law system, and the role of the Constitution.

Essential Readings:

1) Nick Robinson, “Judicial Architecture and Capacity” in Sujit Choudhry,

Madhav Khosla & Pratap Mehta (eds.), The Oxford Handbook of Indian
Constitutional Law (Oxford University Press, 2016), pages 330- 336, 343-
347.

2) Saadat Hasan Manto, The New Constitution (A short story)

3) Constitution of India – Preamble and selected Articles (14, 19, 21)

Recommended Readings:

1) Rohit De, “Introduction” in A People's Constitution: The Everyday Life of

Law in the Indian Republic (Princeton University Press, 2018), pages 1-3,
5- 6.
2) Mahendra Pal Singh and Niraj Kumar, ‘Tracing the History of legal System
in India’ in The Indian Legal System: An Enquiry (Oxford University Press,
2019), pages 1-23.
3) V.S. Deshpande, “Nature of Indian Legal System” in Joseph Minatour (ed.),
Indian Legal System (Indian Law Institute, 2nd Ed., 2006) pages 1-21.
[available at:
http://14.139.60.114:8080/jspui/bitstream/123456789/738/5/Nature%2
0of%20the%20Indian%20Legal%20System.pdf]

Week V

SOURCES OF LAW AND HOW TO READ A CASE

This session will provide an overview of primary and secondary material, and how
to identify each when doing research. There will also be a short introduction to
researching effectively online and offline. Students will learn about the different
sources of law and complete an assignment on researching and citation.

This session also will cover the basis of reading cases and preparing case briefs.
What are the relevant facts? How does one identify the issue(s) in case? What is
the holding and what reasoning did the judges use to get to the holding? What is
the relevance of procedural history of a case? This class will read one case from a

15
common law jurisdiction and the other one from a civil law jurisdiction to
comprehend the difference in judgements in the two legal systems.

Essential Readings:

1) ‘Citing Responsibly: A Guide to Avoiding Plagiarism’, 2020–21, The

George Washington University Law School’s Committee on Academic
Integrity
2) Orrin S. Kerr, “How to Read a Legal Opinion: A Guide for New Law
Students”, 11 The Green Bag 2d (2007), pages 51-63.
3) French Cour de Cassation case (on complete reparation for injuries), Cass.
2e civ., Feb 22, 1995, 1996 D. Jur. 69
4) Lucy D’Souza v. State of Goa, 1989 SCC Online Bom 278

Week VI

INTRODUCTION TO CRIMINAL JUSTICE SYSTEM & JURY TRIALS

This session will introduce the criminal justice system and jury trials in India.
Various statues and codes relevant to criminal justice will be examine and students
will learn how the system works, especially in regard to the burden of proof,
through the Nanavati case. India had a thriving jury system that was eventually
abolished in 1974, and students will engage with jury trials through the Nanavati
case and the process and methods of collection of evidence; concepts of
examination- in-chief and cross-examination, etc.

Essential Readings:

1) K.M. Nanavati v. State of Maharashtra, AIR 1962 SC 605

2) Soutik Biswas, “Parsi matrimonial courts: India's only surviving jury trials,”
BBC News (2015)
https://www.bbc.com/news/world-asia-india-34322117

3) Mrinal Satish, ‘Chapter 2: An Introduction to the Indian Criminal Justice

System’ in Discretion, Discrimination and the Rule of Law: Reforming
Rape Sentencing in India (Cambridge University Press, 2017), pages 15-34.

Recommended Reading:

1) James Jaffe, ‘After Nanavati – The Last Jury Trial in India?’, (Economic and
Political Weekly, 2017), Volume LII No. 32, pages 18-20

Recommended Films:

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 1) 12 Angry Men (1957)

Optional:

1) Rustom (2016 Available on Netflix)

2) Achanak (1973) Available on YouTube:

https://www.youtube.com/watch?v=88RFXFTNu0o

3) Rashomon (1950)

Weeks VII-VIII

IS LAW POLITICAL?

This session is divided into two parts and will give students the opportunity to
engage with two important cases – ADM Jabalpur and Vishakha.

The first part will cover the ADM Jabalpur case, discussing the finer nuances of
politics in law and the role of judges in the legal system. How much creative power
does, and should a judge have? Is a judge neutral? Is the Law neutral, stable and
universal?

The second part will cover the Vishakha case and engage students in conversations
on caste, indigeneity, and gender, as well as the use of international law by Indian
courts. Important critical questions on law and marginalisation will also be raised
here. We will also study the evolution of public interest litigation in India and
examine feminist and anti-caste readings on law/legal systems.

Essential Readings:

1) Ramachandra Guha, “Chapter 6: Ideas of India,” in India After Gandhi: The

History of the World’s Largest Democracy (HarperCollins, 2007).

2) S.P. Sathe, “Judicial Activism: The Indian Experience,” 6 Washington

University Journal of Law & Policy (2001) pages 30-35, 40-57, 67-71, 93-
96.

3) Anand Teltumbde The Persistence of Caste: The Khairlanji Massacres

and India’s Hidden Apartheid (2010).
a. Chapter 1: Introduction, p.12-16, p.20-34
b. Chapter 5: The Khairlanji Murders, p.92-106

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 4) ADM Jabalpur v. S.S. Shukla, 1976 AIR 1207 – Justice H.R. Khanna’s
dissent
5) Vishakha & Ors. v. State of Rajasthan, AIR 1997 SC 301

Recommended Reading:

1) Upendra Baxi, “Law, Politics and Constitutional Hegemony: The Supreme

Court Jurisprudence and Demosprudence” in Sujit Choudhry, Madhav
Khosla & Pratap Mehta (eds.), The Oxford Handbook of Indian
Constitutional Law (Oxford University Press, 2016).

2) Kalpana Kannabiran, “Constitutional Geographies and Cartographies of

Impunity”, 51 Economic and Political Weekly 44-45 (2016).

3) Madhu Ramnath, Woodsmoke and Leafcups: Autobiographical Footnotes

to the Anthropolopogy of the Durwa (HarperCollins, 2015) pages 55-67.

4) Hansda Sowvendra Shekhar, “The Adivasi Will Not Dance,” in The Adivasi
Will Not Dance Stories (Speaking Tiger, 2015) pages 169-187.

5) Mahasweta Devi, “Pterodactyl” translated from Bengali by Gayatri

Chakravorty Spivak in Imaginary Maps (Routledge, 1994).

6) Sharmila Rege, Dalit Women Talk Differently: A Critique of 'Difference'

and towards a Dalit Feminist standpoint position, 33 (44) EPW 39-46
(1998)

7) Nandini Sundar v. State of Chhattisgarh (2011) 7 SCC 547

8) Nandini Sundar, ‘Mimetic Sovereignties, Precarious Citizenship: State

Effects in a Looking-Glass World’ Journal of Peasant Studies (2014), 41:4,
469-490

9) Women Against Sexual Violence and State Repression (WASS), Bearing

Witness – Sexual Violence in South Chhattisgarh (2017), pp. 22-47, 66-77

10) The Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013

11) Anuj Bhuwania, ‘Courting the People: The Rise of Public Interest
Litigation in Post-Emergency India’, Comparative Studies of South Asia
Africa and the Middle East (January 2014)

12) Shyam Divan, ‘Chapter 37 – Public Interest Litigation’, in Sujit Choudhry,

Madhav Khosla & Pratap Mehta (eds.), The Oxford Handbook of Indian
Constitutional Law (Oxford University Press, 2016), pages 692-708

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 13) Chebrolu Leela Prasad v. State of Andhra Pradesh, Civil Appeal No. 3609
of 2002

Films:

1) Fandry (2013)

2) Court (2015) Available on Netflix

3) Nangeli (2021) Available at:

https://www.youtube.com/watch?app=desktop&v=Z_ONsKB9Kqs

4) Bawandar (2000)

5) Kaala (2018) Available on Amazon Prime

6) Mandela (2021) Available on Netflix

7) Karnan (2021) Available on Amazon Prime

Week IX

LEGISLATION AND SUBORDINATE LEGISLATION

The class will examine how legislative activity is organized in India, particularly in
the framework of the Constitution of India. This session will combine elements on
drafting of statutes, case law analysis, reading statutes and statutory
interpretation. We will focus on the theme of lawmaking by and for the people, and
delve into the provisions of the Right to Information Act, 2005.

Articles 245 to 255 of the Indian Constitution distinguishes between the legislative
powers of the Union of India and the states. The Indian Parliament has the
exclusive power to make laws with respect to any of the matters included in the
Union List and the Seventh Schedule, whereas the state legislatures exercise
authority over the matters included in the State List.

Case discussion of V. Sudeer v. Bar Council of India (1999) for the proposition that
delegated legislation (in this case, pre-enrolment regulation legal trainees) that is
beyond the rule making powers under the parent act is invalid

Essential Readings:

19
 1) Dipika Jain, “Law-Making by and for the People: A Case for Pre-legislative
Processes in India”, 20 Statue Law Review 1 (2019), pages 189-206.

2) Lok Sabha Secretariat, “How a Bill Becomes an Act?”

http://164.100.47.194/our%20parliament/How%20a%20bill%20become
%20an%20act.pdf

3) Right to Information Act, 2005

4) V. Sudeer v. Bar Council of India (1999) 3 SCC 176

Recommended Readings:

1) State of Tamil Nadu v. Krishnamurthy, (2006) 4 SCC 517

2) Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013
3) Uma Narayan, “Sources of Indian Legal Information”, 7 Legal
Information Management 2 (2007), pages 133-139.

4) Harsimran Kalra, ‘PRS Legislative Research, Public Engagement with the

Legislative Process: Background Note for the Conference on Effective
Legislatures’ (November 24, 2011)

Week X

CANONS OF STATUTORY INTERPRETATION

What are the canons of statutory interpretation? The words of a statute, as they
stand, may not give a direct answer to the judge in a given case.

Please read Kent Greenawalt’s A Pluralist Approach to Interpretation (excerpts

from Peter Strauss’ s Legal Method). This article provides in a capsule summary of
seven dimensions of choice that characterize the interpretation of legal texts. The
seven dimensions of choice are:

1. Writer or reader
2. Subjective or objective
3. Abstract or contextual
4. Specific aim or general objective
5. Meaning, external policies, and justice
6. Inquiry limited to the document or including external evidence
7. Time of writing or time of interpretation

This class will also introduce the different rules of statutory interpretation-

20
The literal rule - when a statute is clear and unambiguous, courts should give
effect to the literal meaning of the words of the statute.

The golden rule – when use of the literal rule would result in an absurd result,
courts should investigate whether the wording conveys the intention of the
legislature in framing it

Mischief rule- courts should interpret a statute so as to suppress the mischief

and advance the remedy of the statute

Purposive approach – courts should interpret the words of a statute in light of

the purpose behind it

Essential Readings:

1) Henry M. Hart & Albert M. Sacks, “Note on the Rudiments of Statutory

Interpretation”, in Legal Process (1994) pages 1374-80.
2) James Holland and Julian Webb, Learning Legal Rules – A Student’s Guide
to Legal Method and Reasoning, (2010, Oxford University Press), pages
262-270.

Recommended Readings:

1) Kent Greenawalt, “A Pluralist Approach to Interpretation”, excerpts

available in Peter Strauss, Legal Methods (2005).
2) Amita Dhanda, N.S. Bindra’s Interpretation of Statutes, Chapter 6 – Rules
of Interpretation (2020, 12th Edition, LexisNexis), pages 315-351

Week XI

LOGIC AND LEGAL REASONING

An important skill required to understand the law and formulate legal arguments
and analysis is acquiring and using the techniques of logic and legal reasoning.
This session will introduce and provide familiarity with some of these techniques.
This session will also provide an overview of logic and common logical errors in
reasoning – through inductive and deductive reasoning, and syllogisms.

In inductive reasoning, one argues from the ‘specific’ to the ‘general’. Read
Donoghue v. Stevenson, and examine how Lord Atkin used inductive reasoning to
propose a duty of care for third parties (i.e ‘neighbours’). Also examine how Lord
Atkin used Justice Cardozo’s reasoning in McPherson v. Buick Motors Ltd and
Lord Abinger’s reasoning in Winterbottom v. Wright to arrive at his conclusion.
In deductive reasoning, one argues from the ‘general’ to the ‘specific’.

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A syllogism consists of a major premise, a minor premise and a conclusion. The
major premise usually states a general rule, which often is a statement of law. A
minor premise makes a factual assertion about a particular person or thing or a
group of persons or things, which is often the statement of fact. A conclusion
connects the particular statement in a minor premise with the general one in the
major premise, and tells how the general rule applies to the facts at hand.

Essential Readings:

1) McPherson v. Buick Motors Ltd (21 7 N.Y 382)

2) Donoghue v. Stevenson, [1932] UKHL 100

Recommended Readings:

1) Grant v. Australian knitting Mills, [1936] A.C

2) Neil MacCormick, Chapter 2 in Legal Reasoning and Legal Theory (1978)

pages 18-41.

Week XII

THE DOCTRINE OF PRECEDENT

This session will examine the doctrine of binding judicial precedent or stare
decisis. We will review the hierarchy of courts and will examine and learn to
identify which parts of a decision are authoritative and which are persuasive.

Doctrine of Stare Decisis

As a general principle the decision of an administratively superior court is

controlling over inferior courts. This doctrine is widely called stare decisis. Stare
decisis literally means, “stand by the decision”. Stare decisis ensures predictability,
stability and consistency of results, which is an inherent feature of rule of law.
Understanding stare decisis is a major element of the work of the Legal Methods
course.

The Indian judiciary has a typical pyramidal structure with numerous trial courts
(including district courts and mofussil courts), various High Courts in the states
and the Supreme Court at the apex. This Common Law concept is embodied in the
Indian Constitution. Article 141 of the Constitution of India provides that the law
declared by the Supreme Court shall be binding on all courts within the territory
of India.

Essential Readings:

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 1) James Holland and Julian Webb, Learning Legal Rules – A Student’s
Guide to Legal Method and Reasoning, (2010, Oxford University Press),
pages 149-179
2) Ian Mcleod, Legal Theory (Palgrave Macmillan, 4th ed.)
3) Zee Telefilms Ltd. v. UOI, AIR 2005 SC 2677
4) Daryao Vs. State of UP, 1961 AIR 1457

Recommended Readings:

1) Madhav Khosla, Sudhir Krishnaswamy, “Reading A.K. Thakur v. Union of

India: Legal Effect and Significance”, 43 Economic and Political Weekly 29
(20)
2) Surjit Singh v. Mahanagar Telephone Nigam Limited (MTNL) (2009) 16 SCC
722
3) Anil Kumar v. Union of India and Ors. Civil Appeal No. 1958 of 2019

Week XIII

LOCATION OF A RATIO AND ITS CONTROVERSIES

One of the critical skills of a lawyer is the ability to select a relevant legal authority
for a particular proposition of law. This requires lawyers to identify and distinguish
between the part of a judgment that represents binding authority (the ratio
decidendi) and the part that represents persuasive authority (the obiter dictum).
This class will provide the skills required to make these determinations.

Distinction between Ratio Decidendi and Obiter Dictum

Ratio decidendi can be translated as the reason for the decision and is best
understood as the essential point of law arising from the decision which
subsequent courts will be required to follow.

Obiter dicta can be understood as all the parts of

a judgment that are capable of being statements of law but that do not form part
of the ratio decidendi. This is the non-binding part of a decision.

Essential Readings:

1) Olga Tellis v. Union of India (1985) 3 SCC 545

2) Nick Robinson, “Judicial Architecture and Capacity” in Sujit Choudhry,

Madhav Khosla & Pratap Mehta (eds.), The Oxford Handbook of Indian
Constitutional Law (Oxford University Press, 2016), pages 337- 343.

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Recommended Readings:

1) MGM v. Grokster 545 U.S 913 (2005)

2) Sony v. Universal City Studios 464 U.S 417 (1984)

3) Lalman Shukla v. Gauri Dutt, 1913 (11) ALJ 489

4) Shivprasad Swaminathan, “Mos Geometricus and the Common Law Mind:

Interrogating Contract Theory”, 82 Modern Law Review 1 (2019), pages 59-
66.
5) James Holland and Julian Webb, Learning Legal Rules – A Student’s Guide
to Legal Method and Reasoning, (2010, Oxford University Press), pages
181-225

Week XIV

PROCEDURAL CONCEPTS IN LAW

This session will cover two procedural aspects of the law.

A. Res judicata

This doctrine bars re-litigation of same substantive issues by the same

parties before the same court.

Essential Readings:

1) Daryao v. State of U.P

B. Res Sub Judice

Sub Judice refers to a matter that is currently before a court. This doctrine
bars courts from concurrently adjudicating on two cases that have the same
cause of action, same subject matter and same relief claimed.

C. Doctrine of Prospective Overruling

This procedure allows for a superior court to set aside a legal ruling of an
earlier case.

The Navtej Johar and Naz Foundation case series will be used to analyse
the process of overruling in a contemporary case, mapping the trajectory
of this case from the 2 Judge Bench of the Delhi High Court, followed by

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 the 2 Judge Bench of the Supreme Court, and finally before the 5 Judge
Bench of the Supreme Court.

Both the cases of Shankari Prasad and I.C. Golaknath will be used to
analyse the issue of prospective overruling.

Essential Readings:

1) I.C. Golaknath and Ors. v. State of Punjab, 1967 AIR 1643

2) Navtej Singh Johar v. Union of India, AIR 2018 SC 4321

3) Satyadhan Ghosal & Anr. v. Sm. Deorajin Debi & Anr, AIR 1960 SC
941

Recommended Readings (edited, excerpts):

1) Shankari Prasad Singh Deo v. Union of India, AIR. 1951 SC 458

2) Naz Foundation v. Govt. of NCT of Delhi, 160 DLT 277 (2009)

Saty
3) Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1

Recommended Films:

1) Aligarh (2015)

2) Pariyerum Perumal (2018)

Week XV

LAW AND JUSTICE

Essential Readings:

This session will explore the interaction of law and politics in the dispensation of
justice, focusing on the Bhopal gas leak incident.

1) Micheal Sandel, Justice, ‘Chapter 10 – Justice and the Common Good’,

(2009, Penguin Books)

2) M.C. Mehta & Anr. v. Union of India & Ors., 1987 AIR 1086

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 3) Colin Gonsalves, ‘The Bhopal Catastrophe: Politics, Conspiracy and
Betrayal’, Economic and Political Weekly, vol. 45, no. 26/27, 2010, pages
68–75.

4) Upendra Baxi, ‘Valiant Victims, Lethal Litigation’ in The Statesman, (2014)

Recommended Reading:

1) Upendra Baxi, ‘Lecture I The Supreme Court and Politics’, and ‘Lecture III
The Post- Emergency Supreme Court: A Populist Quest for Legitimation’, in
Indian Supreme Court and Politics (Easter Book Company, 1980) pages 10-
14, 16-26, 121-126, 146-150, 188-197.

2) Upendra Baxi, Amita Dhanda, Valiant Victims and Lethal Litigation: The
Bhopal Case, (N.M Tripathi, 1990).

Recommended Documentary:

1) One Night in Bhopal (BBC, 2004) Available on YouTube:

https://www.youtube.com/watch?v=rJg19W8x_Ls

2) Bhopali (Van Maximilian Carlson, 2011)

Week XVI

REVISION/ REVIEW

This will be a revision and review week.

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