LL.M Foundation Paper Syllabus

FOUNDATION PAPER I — LAW AND SOCIAL
TRANSFORMATION IN INDIA (4 CREDITS)
OBJECTIVE
Optimal utilization of knowledge of jurisprudence towards the society.
To study the social problems of society and find their solution.
To have a legally tenable approach towards social problems.
OUTCOME
This course enables students:
To raise legal and social awareness.
To make suggestions to the law makers for enacting the law accordingly.
To make suggestions regarding implementation of the laws through appropriate
mechanism.
Module – I (1 Credit)
1. Law and Social Change:
 Law as an instrument of social change.
 Law as the product of traditions and culture. Criticism and evaluation in the light of
colonization and the introduction of common law system and institutions in India and
its impact on further development of law and legal institutions in India.
2. Religion and the Law:

 Religion as a divisive factor.
 Secularism as a solution to the problem.
 Reform of the law on secular lines: Problems.
 Freedom of religion and non-discrimination on the basis of religion.
 Religious minorities and the law.
Module – II (1 Credit)
3. Language and the Law:
 Language as a divisive factor: Formation of linguistic states.
 Constitutional guarantees to linguistic minorities.
 Language policy and the Constitution, Official language; multi-language system.
 Non-discrimination on the ground of language.
4. Community and the law:

 Caste as a divisive factor
 Non-discrimination on the ground of caste.
 Acceptance of caste as a factor to undo past injustices.
 Protective discrimination; Scheduled Castes, Tribes and Backward Classes.
 Reservation; Statutory Commissions, Statutory provisions.
Module – III (1 Credit)
5. Women and the Law:
 Crimes against women.
 Gender injustice and its various forms.
 Women ‘s Commission.
 Empowerment of women: Constitutional and other legal provisions
6. Children and the Law:

 Child labour
 Sexual exploitation.
 Adoption and related problems.
 Children and education.
Module – IV (1 Credit)
7. Modernization and the Law:
 Modernization as a value: Constitutional perspectives reflected in the fundamental
duties.
 Modernization of social institutions through law.
 Reform of family law
 Agrarian reform –Industrialization of agriculture.
 Industrial reform: Free enterprise v. State regulation–
 Industrialization v. environmental protection.
 Reform of court processes.
 Criminal law: Plea bargaining; compounding and payment of compensation to
victims.
 Civil Law; (ADR) Confrontation v. consensus; mediation and conciliation;
Lokadalats.
 Prison reforms
 Democratic decentralization and local self-government.
8. Alternative approaches to law:

 Naxalite movement: causes and cure
References: —
Agnes Flavia, Law and Gender Inequality: The Politics of Women ‘s
Rights in India (1999), Oxford
Duncan Derret, The State, Religion and Law in India (1999), Oxford
University Press, New Delhi.
D.D. Basu, Shorter Constitution of India (1996), Prentice Hall of India
(P) Ltd., New Delhi.
H.M. Seervai, Constitutional Law of India (1996), Tripathi.
J.B. Kripalani, Gandhi: His Life and Thought, (1970) Ministry of
Information and Broadcasting, Government of India.
Law Institute, Law and Social Change : Indo-American Reflections,
Tripathi (1988)
M.P. Jain, Outlines of Indian Legal History, (1993), Tripathi,Bombay.
Marc Galanter (ed.), Law and Society in Modern India (1997) Oxford.
Robert Lingat, The Classical Law of India (1998), Oxford. Manushi, A
Journal About Women and Society.
Sunil Deshta and KiranDeshta, Law and Menace of Child Labour
(2000) Armol Publications, Delhi.
Savitri Gunasekhare, Children, Law and Justice (1997), Sage Indian
U. Baxi, The Crisis of the Indian Legal System (1982), Vikas, New Delhi.
U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi,
Bombay.
FOUNDATION PAPER II— INDIAN CONSTITUTIONAL
LAW: NEW CHALLENGES
(4 Credits)
OBJECTIVES
To give an insight of the Constitutional Law.
To have an astute understanding about the comparative study of Constitutional Law.
To provide rights and remedies under the Constitution.
OUTCOME
This course enables students:
To analyse the new challenges faced under Constitutional law.
To implement the Constitutional Laws through measures available with the judiciary.
To bring about Constitutional Reforms.
Module – I (1 Credit)
1. Federalism:
 Creation of new states
 Allocation and share of resources–distribution of grants in aid
 The inter-state disputes on resources
 Centre ‘s responsibility and internal disturbance within State.
 Directions of the Centre to the State under Article 356 and 365.
 Federal Comity: Relationship of trust and faith between Centre and State
 Special status of certain States.
 Tribal Areas, Scheduled Areas
2. “State”: Need for widening the definition in the wake of

Liberalization.
Module – II (1Credit)
3. Right to equality: privatization and its impact on affirmative action.

4. Empowerment of Women.
5. Freedom of press and challenges of new scientific
development:
 Freedom of speech and right to broadcast and telecast.
 Right to strikes, hartal and bandh
Module – III (1 Credit)

6. Emerging regime of new rights and remedies:
 Fundamental Rights Directive Principles and Fundamental Duties.
 Compensation jurisprudence.
 Right to education.
 Commercialization of education and its impact.
 Brain drain by foreign education market.
7. Rights of minorities to establish and administer educational

institutions and state control.
8. Secularism and religious fanaticism.

Module – IV (1 Credit)
9. Separation of powers: stresses and strain

 Judicial Activism and Judicial Restraint
 PIL: implementation
 Judicial Independence.
 Appointment, transfer and removal of judges.
 Accountability: executive and judiciary.
 Tribunals
10. Democratic process:

 Nexus of politics with criminals and the business.
 Election Commission: status.
 Electoral Reforms
 Coalition government, “stability, durability, corrupt practice”
 Grass root democracy.
References: —
Indian Constitutional Law: New Challenges (Paperback,
Shyamlal Verma), India Publishing Company, 2018.
Constitutional Law- New Challenges (English, Paperback, GP
Tripathi), Publisher: Central Law Publications
ISBN: 9789386456793, 9386456796, Edition: 2, 2018.
Universal's Landmark Judgments Covering More than 100
Leading Cases of India, 12th Edition 2017 - Including
Prescribed Cases for Supreme Court Advocate-On-Records

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FOUNDATION PAPER I — LAW AND SOCIAL

TRANSFORMATION IN INDIA (4 CREDITS)

2. Religion and the Law:

4. Community and the law:

6. Children and the Law:

8. Alternative approaches to law:

2. “State”: Need for widening the definition in the wake of

3. Right to equality: privatization and its impact on affirmative action.

Module – III (1 Credit)

7. Rights of minorities to establish and administer educational

8. Secularism and religious fanaticism.

9. Separation of powers: stresses and strain

10. Democratic process:

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