Political Science-III (Indian Political Thought)

B.A.LL.B. Third Semester

Objective
This is an introductory paper to the concepts, ideas and theories that developed in India.
It highlights the main sources of the political tradition in ancient India and its
development in modern times. It focusses on key thinkers from ancient to modern times
to understand their seminal contribution to the evolution of political theorizing in India. It
critically assesses their contribution and explains their relevance to contemporary times.
It emphasizes on the distinctive contribution of Indian thinkers to political theorizing and
the relative autonomy of Indian political thought. It also situates Indian political thought
vis-á-vis other traditions
Unit-1
Manu, Kautilya
Unit-2
Raja Ram Mohan Roy, Swami Vivekanand,
Unit-3
Gopal Krishna Gokale, Bal Gandhar Tilak
Unit-4
Mohan Das Karam Chand Gandhi, J.L. Nehru, Subhash Chandra Bose
Unit-5
Sardar Vallabh Bhai Patel, Bhim Rao Ambedkar,
Unit-6
M.N.Roy, J.P. Narain

Recommended Books: -
1. Appadorai: Indian Political Thinking
2. V.P.Verma: Indian Political Thought Vol.I & Vol II
3. Madhukar Shyam Chaturvedi: Indian Political Thought
 Sociology –III (Law, Moral & Society)
BA.LL.B Third Semester

Objectives of the course

The Indian society has changed very rapidly since Independence. A proper
understanding of crimes, methods of controlling them and the socio-economic and
political reasons for their existence is now extremely important in the larger context of
India's development, if students are to use their knowledge and skills to build a just and
humane society. The curriculum outlined here attempts to bring in these new
perspectives.
Unit-I

Crime:-
Introduction of crime, The early concept of crime, classification of crimes, characteristics
of crime, causation of crime, white coller crime, Prevention of crime.
Unit-II
Sexual offences of society:
Sexual crimes, sexual offences and causes of sex delinquency, Rape, homosexuality, adultery, prostitutions,
trafficking, pornography, domestic violence, dowry death, sexual harassment.

Unit-III
Drug addiction & Cyber crimes:
Main causes of drug addition, classification of drug abuse, drugs and crime, drug addition
in society alcoholism, alcoholism and crime, measures to control. Cyber crime, cyber &
offences.
Unit-IV
Violence and Terrorism in Society:
Introduction of violence, sexual violence, ethnic violence, communal violence, power
struggle violence, class violence, cult violence, Terrorist violence, student violence,
remedial violence, Taboo violence, election violence, professional violence/ Terrorism,
The purpose of terrorism, classification of terrorism, Legal control of International
terrorism.
Unit-V
Juvenile Delinquency and Punishment of crimes:
Juvenile Delinquency and its causes, Treatment of Juvenile Delinquency, Borstal system
in India, The role of Polic lice in Juvenile delinquency.
Punishment, Concept of punishment, penology in primitive, medieval and modern
system.
Forms of punishment, true measures of punishment.
Book:
1. Penology & Criminology
History –III (World History)
BA.LL.B. Third Semester

Objective: In today’s globalized and fast changing world, world is like a global village and
likewise everybody has to be concerned with affairs other than the native once. The World history
shall introduce to and prepare the law students for this globalized fast changing world.

Unit-I

Renaissance & Reforms: Definition, Concept, Development & its impact upon the
western nations.
Unit-II
Major Revolutions in the world:-
(a) American war of independence
(b) French Revolution: Napolean Bonaparte
(c) Glorious Revolution (1688) in Britain
(d) Russian Revolution
(e) Making of nation-states of Italy & Germany.
Unit-III
Origin of the first world war its nature and its long term correquenees

Unit-IV
Ideologies of Nazism and Fascism
Unit-V
Origin, nature results of the Second World War
Unit-VI
A brief study of some important instances of the world history:-
1. Arab Nationalism
2. Nationalist Movement in Indonesia
3. Militarism in Japan
4. Indian National movement

Recommended Books:-
1. F.L. Benns - European History since 1870
2. Uden Grant - Longman World History
3. J.H. Hayes - A Political and Cultural History of Modern
Europe (Vol. I & II)
4. M. Mujeeb - World History, Our Heritage
5. Meenaxi Phukan - Rise of the modern west
6. Shailendra Nath Sen - Europe and the World
7. W.C. Langsam - World since 1914
BA.LL.B. III Sem.
JURISPRUDENCE

OBJECTIVES:

Any academic discipline, worthy of the name, must develop in the student the
capacity for critical thought. Legal education needs to teach both law and its context-
social, political and theoretical.

At the heart of legal enterprise is the concept of law. Without deep understanding of
this concept neither legal practice nor legal education can be a purposive activity. This
course in Jurisprudence is designed, primarily, to induct students into a realm of
questions concerning nature of law. Therefore, the first part of the course is concerned
with important questions like, what is law, what are the purposes of law?, the relationship
between law and justice and the like. The second part is concerned with the important
sources of law. The emphasis is on important issues concerning law with reference to
ancient and modern Indian Legal Thought.

One important branch of Jurisprudence consists in analysis of legal concepts. The law
of contract and tort is concerned with different rights which one person may have against
another. Jurisprudence, on the other hand, studies the meaning of the term “rights” in the
abstract and seeks to distinguish various kinds of rights which are in theory possible
under a legal system. Similarly, it investigates other legal concepts and tries to build up a
general and more comprehensive picture of each concept as a whole. This course is
designed primarily on English model but native India Orientation is given wherever
possible.

Unit-I
1. Definition, nature and scope of jurisprudence
2. Development of law and schools of Jurisprudence
3. Theoretical and conceptual Jurisprudence
4. Jurisprudence as a philosophy
5. Natural Law and Jurisprudence
 Unit-II
1. Natural School of Jurisprudence
2. Analytical School.
Unit-III
1. Sociological School
Unit-IV
1. Historical School
2. Realist School
Unit-V
1. Administration of Justice
2. Theories of punishment
Unit- VI
1. Sources and Elements of Law
2. Sources of Law: Custom, Morals, Precedent and Legislation
Unit-VII
1. Rights & Duties
2. Possession and Ownership
3. Persons.
4. Negligence and liability

Book Recommended:
1. Paton : Jurisprudence
2. Dias : Jurisprudence
3. Friedmann : Legal Theory
4. Bodenheimer : Jurisprudence
5. Lloyed Denis : Idea of Law
6. Tripathi B.N. Mani : Jurisprudence
7. Salmond. J. : Jurisprudence
8. Dias, R.W.M. : Jurisprudence
9. Friedmann : Legal Theory
10. Mahajan, V.D. : Jurisprudence and Legal Theory
11. Dr. Avtar Singh : Jurisprudence
12. Anurudh Prashad : Vidhi Shastra Ke Mool Siddhant

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 B.A, LL.B. IIIrd Semester

Constitution Law-I

Objectives:
India is a democracy and her Constitution embodies the main principles of the democratic
government- how it comes into being, what are its powers, functions, responsibilities and
obligation show power is limited and distributed. Whatever might have been the original
power base of the Constitution, today it seems to have acquired legitimacy as a highest
norm of public law. A good understanding of the Constitution and the law, which has
developed through constitutional amendments, judicial decisions, constitutional practice
and conventions is, therefore, absolutely necessary for a student of law. He must also
know the genesis, nature and special features and be aware of the social, political and
economic influence on the Constitution.
A student must learn how various interpretations of the constitution are possible and why
a significant interpretation was adopted in a particular situation. Such a critical approach
is necessary equirement in the study of constitutional law. Judicial review is an important
aspect of constitutional law. India is the only country where the judiciary has the power
to review even constitutional amendments. The application of basic structure objective in
the evaluation of executive actions is an interesting development of Indian constitutional
law. Pari pasu the concept of secularism and federalism engraved in the constitution are,
and are to be, interpreted progressively.
UNIT- I

 The Meaning of Constitution

 The Meaning of Federalism & its features
 The Nature of Constitution if India
 Salient features of the Constitution of India
 Parliamentary v/s Presidential System
 The Preamble of the Constitution, its purpose & objectives
 42nd Amendment & the Preamble
Leading Cases:-
Federal Principle:-State of West Bengal v. Union of India (AIR 1963 SC 1241)
Preamble: - Re Berubari Union Case.
Keshvananda Bharti v. Union of India (AIR 1973 SC 1461)
42nd amendment: - Excel Wear v. Union of India (AIR 1979 SC 25)
D.S. Nakara v. Union of India (AIR 1983SC 130)
S.R. Bommai v. Union of India (AIR 1974 SC 1389)
Aruna Roy v. Union of India (AIR 2003 SC 3176)
UNIT- II

 The Union & its Territory (Ar.1)

 State and its creation within the territory of India (Ar.2&3)
Cession of Indian Territory to Foreign Country
 Citizenship in Indian Constitution (Art.5-11)
 Citizenship under the Citizenship Act, 1955
Overseas Citizenship along with dual citizenship for NRI's by amendment
2003
Commonwealth Citizenship
Leading Cases:-
Ar. 2&3:- Magan Bhai v. Union of India (AIR 1969 SC 783)
Citizenship: - Mohammed Raza v. State of Bombay (AIR 1956 Sc 1436)
Louis De Raedt v. Union of India (AIR 1991 3 SCC 544)
Kulathi v. State of Kerala (Air 1967 SC 1614)
UNIT-III
 Fundamental Rights:- General
Historical background
Classification
Restriction on Suspension
Waiver of Fundamental Rights
The Meaning & definition of "State"(Ar. 12)
Recent Expansion of the term State by Indian Judiciary
Is Judiciary included in the term State?
Meaning of "Law" & "Laws in Force" (Ar.13)
Laws inconsistent with Fundamental Rights
 Application & Rules of Interpretations:-
No Retrospective Effect
Doctrine of Severability or Separablity
Doctrine of Eclipse
 Is Constitutional Amendment a law under Ar.13 (2)?
 Power of Parliament to modify Fundamental Rights(Ar.33)
 Restriction on Fundamental Rights - Martial Law(Ar.34)
 Legislation to give effect to Part-III(Ar.35)
Leading Cases:-
A.K. Gopalan v. Satte of Madras (AIR 1950 SC 27)
Behram v. State of Maharastra (AIR 1955 SC 123)
Olga Tellis Case (AIR 1986 SC 180)
Waiver of Fundamental Rights:- Basheshar Nath v. C.I.T (AIR 1959 SC 149)
State:- R.D Shetty v. International Airport Authority of India(AIR 1979 SC 1628)
Ajay Hasia v. Khalid Mujib(AIR 19811 SC 487)
Pardeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) 5 SCC 111
Zee Telefilms Ltd. V. Union of India (2005) 4 SCC 649
Judiciary as State:-Naresh v. State of Maharastra (Air 1967 SC 1)
Rupa Ashok Hurra v. Ashok Hurra (AIR 2002 SC 1771)
Ar. 13:- Keshavan Madhva Menon v. State of Bombay (AIR 1951 SC 128)
Separability:- State of Bombay v. F.N. Balsara(AIR 1952 SC 318)
R.M.D.C. v. Union of India (AIR 1957 SC 628)
A.K. Gopalan’s Case
Kihota Hollohan v. Zachithu(AIR 1993 SC 412)
Eclipse: - Bhika ji Narain Dhakras v. State of M.P. (AIR 1955 SC 781)
State of Gujrat v. Shri Ambica Mills Ltd(Air 1974 Sc 1300)
UNIT-IV

Right to Equality under Constitution of India (Ar.14-18)

Meaning of "Equality before Law" & "Equal Protection of Law"
The test of Reasonable Classification
The Prohibition on Class Legislation
The new concept of Equality: The Arbitrariness
The Rule of Law & its inclusion u/ Ar.14
 The Prohibition of Discrimination against citizens (Ar.15)
Exception to Ar. 15(1)(2)
 Equality of Opportunity in Public Employment(Ar. 16)
Exception to Ar. 16(1) & (4)
 Protective Discrimination: A Facet of Equality
Reservation in Employment (The Mandal Case)
Reservation in Educational Institute Creamy Layer
The Carry Forward Rule
Back Log
 Abolition of Unsociability (Ar.17)
 Abolition of Titles(Ar.18)
Leading Cases:-
Ar. 14:- Charanjit Lal Choudhary v. Union of India (AIR1950 SC 41)
State of W.B. v. Anwar Ali Sarkar(AIR 1952 SC 75)
Kathi Raning rawat v. State of Saurastra (AIR 1952 SC 123)
M. Chhagganlal v. Greater Bombay Municipality (AIR 1974 SC 2009)
Re Special Courts Bill, 1978(AIR 1979 SC 478)
Mithu Singh V. State of Punjab (Air 1983 SC 473)
Arbitariness:-E.P. Royappa v. State of Tamail Nadu (AIR 1974 SC 555)
Ajay Hasia’ Case
Air India v. Nagesh Meerza(AIR 1981 SC 1829)
Ar. 15:- Randhir Singh v. Union of India (AIR SC 879)
Pradeep Jain v. Union of India (1984) 4 SCC 654
Ar. 16:-State of kerala v. N.M. Thomas (AIR 1976 SC 490)
Facet of Equality:- Jagdish Lal v. State of Haryana(AIR 1997 SC 2366)
Employment:- Indra Sawhney v. Union of India, The Mandal Case()AIR 1993 SC 477
Carry Forward Rule: - A.B.S.K. Sangh Railway Union case (AIR 1981 SC 298)
Creamy Layer: - The Mandal Case
Indira Shawney II v. Union of India (AIR 2000 SC 498)
Education Institute: - Ashoka Kumar Thakur v. U.O.I (2008) 6 SCC 1
UNIT-V

The Right to Freedom

 Freedom under Art.19
Reasonable Restrictions on Freedoms
The Right to Information
Media trial
Voters Right to Know
Constitutional protection provide for conviction of offences
Ex-post facto Law
Double Jeopardy: autrefois convict & autrefois acquit
Protection against Self-Incrimination
 Protection of Life & Personal Liberty(Ar.21)
Personal Liberty Meaning & Scope
Implied Fundamental Rights U/Ar.21
 Right to Education(Ar.21-A)
 Constitutional Safeguard against arbitrary arrest & detention(Ar.22)
Preventive Detention laws
 Right against Exploitation(Ar.23 & 24)
Traffic in Human beings & Forced Labour (Ar.23)
Prohibition on Employment of Children (Ar.24)

Leading Cases:-
Ar.19:- A.K. Gopalan v. State of Madras (AIR 1951 SC 21)
Express News Papers v. U.O.I. (AIR 1958 SC 578)
Bennett Coleman & Co. v. Union of India (AIR 1973 SC 106)
Sodan Singh v. N.M.D.C. (1992)5 SCC 52
The Right to Information:-Sectry., Ministry of I & B v. Cricket Asson., Bengal (AIR 1995 SC 1236)
Media Trial:- State of Maharastra v. Rajendra Gandhi(1997) 8 SCC 386
Voters Right to Know:- People’s Union for Civil Liberty v. U.O.I.(AIR 2003 SC 2363)
Ar. 20:- Double Jeopardy, Maqbool Hussain v. State of Bombay (AIR1953 SC 325)
Self Incrimination:-Nandini Sathpathy v. P.L.Dani (AIR 1978 SC 1025)
Delhi Judicial Service Association v. State of Gujarat (1991) 4 SCC 406
State of Bombay v. Kathi Kalu Oghad(AIR 1954 SC 1808)
Ar.21:- A.K. Gopalan’s Case
 Maneka Gandhi v. Union of India (AIR 1978 SC 597Vishaka v. State of Rajasthan (AIR 1997 SC
3011
Kharak Singh v. State of U.P. (AIR 1963 SC 1295)
Olega Tellis’s Case
Ratinam v. Union of India (1994)2 SCALE Vol. II No. 7674
Gian Kaur v. State of Punjab (1996)2 SCC 648
Parmanand Katara v. Union of India (Air 1989 SC 2039)
State of U.P. v. Raj Narian (AIR 1975 SC 865)
Sunil Batra v. Delhi Administration (AIR 1978 SC 1675)
Legal Aid:- Hussainara Khatoon v. Home Secy. State of Bihar(1981)1 SCC 627
Speedy Trial:- Raj Deo Sharma v. State of Bihar(1998)7 SCC 507
Environment:- Shri ram Gas Leak Case(AIR 1987 sc 1086)
Murli S. Deora v. U.O.I. (2001) 8 SCC 765
Ar.21-A:- Mohini Jain v. State of Karnataka (AIR 1992 SC 1858)
Unni Krishnan v. State of A.P. (AIR 1993 SC 2178)
Ar.22:- D.K. Basu v. State of west Bengal (AIR 1997 SC 610)
A.K. Roy v. Union of India (AIR 1982 SC 710)
Sunil Batra’s Case
Ar. 23: - Gaurav Jain v. Union of India (AIR 1997 SC 3021)
Ar.24: -P.U.D.R. v. Union of India (AIR 1982 SC 1473)
M.C Mehta v. State of T.N. (AIR 1997 SC 609)
Bandhua Mukti Morcha v. U.O.I. i(AIR 1997 SC 2218)

. UNIT-VI
 Freedom of Religion (Ar.25&28)
"Secularism" as basic feature of the Constitution
Meaning of Religion
Practice & Propagation of Religion
Restriction on Freedom of Religion
 Freedom from payment of religion promotion tax(Ar.27)
 Freedom from Non- Attendance of religious instructions (Ar.28)
 Right of Minorities (Ar.29&30)
Meaning of Minorities
 Protection of Interest of Minorities (Ar.29)
 Right of Minorities to Establish & Administer Educational Institutions (Ar.30)
Relation between Ar.29 (1) & Ar.30 (1)
 Right to Constitutional Remedies (Art.32 and Art. 226)
Judicial Review: A basic Feature of the Constitution
Locus Standi & Public Interest Litigation (PIL: - pro bono pubilico litigation)
Writs
UNIT-VII
 Directive Principles Of State Policy & Fundamental Duties(Ar.36-51)
Theory of Social Justice
Classification, Implementation & Utility of Directives
Uniform Civil Code
 Fundamental Duties (Ar.51-A)
Relation between Directive Principles & Fundamental Rights
Leading Cases:- Santosh Kumar v. Secy. Of Ministry of Human Resources Dev.(AIR 1995 SC 293)
S.R. Bommai v. Union of India, JT 1994(2) SC 215
M. Ismail Faruqui v. U.O.I. (Ayodha Case) AIR 1995 SC 605
Aruna Roy v. U.O.I. (AIR 2002 SC 3176)
Indira Gandhi v. Raj Narain (AIR 1975 SC 2299)
Gulam v. State of U.P.(AIR 1981 SC 2198)
M.H. Quareshi v. State of Bihar (AIR 1985 SC 731)
Commr. Of Police v. Achareya Jagadishwarananda(2004)12 SCC 809
Ar.26:- S.P. Mittal v. Union of India (AIR 1983 SC 1)
Seshmal v. State of T.N.(1972)2 SCC 11
N. Adinath v. Travancore Davaswom Board (2002) 8 SCC 106
SheshMal v. State of Tamil Nadu(1972 )2 SCC 11
Ar.28:- St. Xavier College v. State of Gujarat (AIR 1974 SC 1389)
Aruna Roy’ Case
The National Anthem Case- Bijoe Emmanual v. Sate of Kerala (1986)3 SCC 615
 Minorities:- A.M.U. Case- Naresh Agarwal v. Bharat (2006)
St. Xavier’s Case
Re Kerala Education Bill, 1967(AIR 1958 SC 965)
Commr of Police v. Acharya Jagdishwaranda (2004)12 SCC 809
Ar. 29-30:- St. Xavier’s Case
Frank Anthony Public School Employees Association v. U.O.I. (AIR 1987 SC 311)
P.A. Imamdar v. State of Maharastra (AIR 2005 SC 3226)
Ar.32:- Keshvananda Bharti’s case (Judicial Review as basic feature of Constitution)
Res Judicata: - Ghulam Sarvar v. U.O.I.(AIR 1967 SC 1335)
Parmanand Katara v. Union of India (1989 SC 2039)
M.C. Mehta v. Union of India (AIR 1987 SC 1080)
Rupa Ashok Hurra’s cased.
Sebastian M. Hongray v. U.O.I. (AIR 1984 SC 1026
D.P. S.P.:-Sarla Mudgil v. Union of India (AIR 1995 SC 1531)
Union Of India v. Navin Jindal(2004)2 SCC 410
State of Madras v. Champakam Dorairajan(AIR 1951 SC 956)
Re Kerala Education Bill
Minerva Mills v. U.O.I. (AIR 1980 SC 1789)
Keshvananda Bharti’s case
Unni Krishnan v. State of A.P. (1993)1 SCC 645

References:-
A.V Dicey: The Law of the Constitution
D.D Basu: Commentary on the Constitution of India
H.M Seervai: The Constitution of India, 1950
J. N. Pandey: Constitutional Law of India
M.P. Jain: Indian Constitutional Law
Narender Kumar: Constitutional Law of India
Subba Rao: Lectures on Constitutional Law
V.N. Shukla: Constitution Law of India
Bare Act: The Constitution of India, 1950
Dr. Chandera Pal Sheoran: Cooperative Federalism
K.C. Wheare: Federal Government
Wade & Philips: Constitutional Law
Jennings: Some Characteristics of the Indian Constitution
M.V. Pylee: Constitutional History of India
Constitutional Assembly Debates
GENERAL BOOKS RECOMMENDED:
1. H.M. SEERAI : CONSTITUTIONAL LAW OF INDIA
2. V. N. SHUKLA : THE CONSTITUTIONAL OF INDIA
  (EDITED BY DR. M.P. SINGH) :
3. D.D BASU : CONSTITUTIONAL LAW OF INDIA
4. J.N PANDEY : CONSTITUTIONAL OF INDIA
5. G. AUSTIN : INDIA’S CONSTITUTION: CORNER
STONE OF   A NATION
6. G.C.V. SUBBA RAO : CONSTITUTIONAL OF INDIA
7. M.P. JAIN : CONSTITUTION OF INDIA
8. DR. UMESH CHANDRA : HUMAN RIGHT
 B.A.LL.B. III Semester

Environmental Law and Climate Change

Objectives of the course

The Environmental law programme, in contrast to other law curricula, has certain
characteristics which make it unique and is one of the best instruments for breaking the
ice of colonial legal education. Its uniqueness lies in the fact that the problems it raises do
not relate merely to specific individuals but about such matters as national development,
industrial policy, policies concerning natural resources, injustice to communities, inter
generational equity and prevention of pollution. All these issues relate to problematic
about construction of a just, humane and healthy society. Secondly, environmental law
necessarily demands an inter-disciplinary approach. Thirdly, uniqueness of the subject is
borne out by the new epistemological outlook which ecology-related knowledge has
brought about in recent times. The development of ecological knowledge has necessitated
an overall change not only in managerial studies but also in socio-legal explorations.
This approach to the growing dimensions of environmental law is essential.

UNIT-I- Introduction

 Meaning of Environment
 Environmental Jurisprudence

 Environmental Ethics

 Environment Pollution: Causes and Kinds

 Emerging Environmental Issues and Concept.

UNIT-II: Environmental Policy and Law in India.

 Environmental Policies and Regulations in India, Since 1970

 Environmental Legislations
- Water Pollution Control [Water (prevention and control of pollution)
Act, 1974]
- Air Pollution Control [Air (prevention and control of pollution) Act, 1981]
- Environment Protection [Environment (Protection) Act, 1986]

 Constitutional provision for environment protection in India

UNIT- III: Law relating to Bio-Diversity.

 Bio-Diversity: Meaning and Concept

 Forest Conservation: Law and Practice

 Wild Life Protection: Law and Practice

UNIT-IV: International Aspects of Environmental Law

 International Environmental Issues

 International Law in Environmental Perspective

 International Organizations and Environment

 Trans boundary Pollution

Unit 5 Climate Change

 Meaning of Climate Change

 Causes of Climate Change

 Summits and Conferences on Climate Change

 Difference between Environment Pollution Claim and Climate Change Claim

 Adaptation and Mitigation

BOOKS RECOMMENDED:

 Dr. I.A. Khan : Environment Law

 P. Lelakrishnan : Environment Law in India

 J.J.R. Upadhyay : Environmental Law

 Stuart Bell & Donald Mc Gillivray : Environmental Law

 Shyam Divan, Armin Rosencranz : Environmental Law & Policy

in India