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Law and Social Transformation in India

This document outlines the course curriculum for the Semester I LLM program at an unnamed institution. It covers two foundation papers, the first on law and social transformation in India with 4 modules addressing topics like religion and the law, language and the law, community and the law, and modernization and the law. The second foundation paper is on Indian constitutional law and new challenges, with modules on federalism, rights, separation of powers, and democratic processes. It also outlines two group papers in business law, the first on fundamental principles of contract law across 4 modules, and the second on global trade under the World Trade Organization across modules on the WTO agreement, trade in goods, trade in services, and trade related intellectual property.

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0% found this document useful (0 votes)
93 views8 pages

Law and Social Transformation in India

This document outlines the course curriculum for the Semester I LLM program at an unnamed institution. It covers two foundation papers, the first on law and social transformation in India with 4 modules addressing topics like religion and the law, language and the law, community and the law, and modernization and the law. The second foundation paper is on Indian constitutional law and new challenges, with modules on federalism, rights, separation of powers, and democratic processes. It also outlines two group papers in business law, the first on fundamental principles of contract law across 4 modules, and the second on global trade under the World Trade Organization across modules on the WTO agreement, trade in goods, trade in services, and trade related intellectual property.

Uploaded by

jyotibadgeri81
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Semester I (LLM)

FOUNDATION PAPER I — LAW AND SOCIAL TRANSFORMATION


IN INDIA (4 CREDITS)

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 :
Modernisation as a value : Constitutional perspectives reflected in the
fundamental duties.
Modernisation of social institutions through law.
Reform of family law
Agrarian reform – Industrialisation of agriculture.
Industrial reform : Free enterprise v. State regulation –
Industrialisation 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
FOUNDATION PAPER II— INDIAN CONSTITUTIONAL LAW :
NEW CHALLENGES(4 Credits)

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 (1 Credit)
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.
Commercialisation 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.
GROUP-II BUSINESS LAW
PAPER I – FUNDAMENTAL PRINCIPLES OF LAW OF CONTRACT
AND ALLIED LAWS [4 Credits]

Module – I (1 Credit)
Nature, Object and Multi-dimensional Scope.
Foundation Theories of Law of Contract
Individualism:
Freedom of Contract.
Sanctity of Contract.
Encroachment on Freedom of Contract:

Module – II (1 Credit)
Legislative Intervention.
Socio-economic Factors.
Limitations on Sanctity of Contract.
Conceptual Analysis:Contract
Essentials of Contract.
Specific Contracts.
Standard-form contract, Exemption Clauses, Protective Measures.
Quasi- Contract :
Doctrine of Unjust Enrichment, Law of Restitution.
Doctrine of Frustration :Grounds and Effects of Frustration.
Breach of Contract and Remedies.
U.N. Convention on Sales.
Module – III Alternative Disputes Resolution (1 Credit)
Historical background of the Arbitration and Conciliation
Act,1996.
Distinction between the Arbitration Act, 1940, and the
Arbitration and Conciliation Act, 1996.
Definition and Meaning of Arbitration
Arbitration Agreement and Arbitration Clause in Agreement
Alternative Disputes Resolution (ADR) Process

Module – IV (1 Credit)
Composition of the Arbitral Tribunal
Number / Appointment of Arbitrators
Disqualification / Removal of Arbitrators
Termination of Authority of Arbitrator
Jurisdiction of Arbitral Tribunal
Conduct of Arbitral Proceedings
Making of Arbitral Award.
Finality and Enforcement of Arbitral Awards.
Recourse against Arbitral Award
Other Internationally Accepted modes of Alternative Disputes
Resolution.-(ADR)
Commercial Arbitration
Conciliation.
GROUP-II BUSINESS LAW
PAPER II—GLOBAL TRADE UNDER WORLD TRADE
ORGANISATION ( 4 Credits)

Module – I (1 Credit)
1. World Trade Organization (WTO) Agreement :
Introduction to World Trade Organisation
Bretton woods Conference
General Agreement on Tariffs and Trade (GATT)
World Trade Organisation (WTO)—Establishment, Scope,
Functions, Structure, Secretariat, Status, Decision-making,
Withdrawal, etc.

Module – II (1 Credit)
2. Trade in Goods :
General Agreement on Tariffs and Trade (GATT) Rules.
Most Favoured Nation (MFN)
National Treatment
QRs, tariff bindings
Textile and Clothing
Investment Measures
Anti dumping, Safeguard and Countervailing measures
Customs valuation, pre-shipment inspection
Rules of origin, import licensing
Agreement on Agriculture
Sanitary and Phyto-sanitary norms.
Module – III (1 Credit)
3. Trade in Services :
General Agreement on Trade in Services (GATS) Agreement
Financial Services
Maritime Transport
Professional services

Module – IV (1 Credit)
4. Trade Related Aspects of Intellectual Property (TRIPS) :
Patents
Copyright
Industrial Designs
Trademarks
Geographical Indications
Integrated Circuits
Undisclosed Information
5. Dispute Settlement Process.

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