SEMESTER 5

5.1 Constitutional Law – I

1. Nature and salient features of the Constitution of India

Federalism - Essentials of a federal constitution – Indian federalism

2. Centre-State Legislative relations

- Seventh Schedule and distribution of legislative power
- Residuary powers
- Doctrine of Pith and Substance
- Doctrine of colourable Legislation
- Parliament’s power to legislate on State subjects
- Repugnancy between central and state law

3. The Union Executive.

- Concept of Executive Power

- President - Powers of the President - executive, legislative, emergency
and pardoning powers
- Council of Ministers- principle of collective responsibility
- The State executive – Governor and the Council of ministers

4. Parliament

- Composition of parliament- bicameral legislature

- Power, privileges and immunities of parliament and its members
- Legislative procedures- assent of the President- President’s veto powers
- The State legislature

5. The Judiciary

- Independence of Judiciary
- Appointment and removal of judges of the Supreme Court and High
Courts
- Jurisdiction of Supreme Court and High Courts

6. Emergency Provisions

- National Emergency
- State Emergency – Breakdown of Constitutional machinery in State
- Financial Emergency

7. Constitutional Amendments

- Power and procedure of amendment

- Judicial approach – Theory of Basic Structure

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 5.2 Jurisprudence – Law and legal concepts
1. Law
- Definition
- Function of law in society
- Kinds of Law

2. Sources of Law.
- Custom - Essentials of a valid custom
- When custom becomes law
- Precedent - Doctrine of stare decisis
- Ratio decidendi and Obiter dicta
- Legislation
3. Law and Morals
4. Administration of justice and judicial hierarchy
5. Legal rights Claim, liberty, power and immunity.
Kinds
Right-duty correlation
Hohfeld’s analysis

6. Ownership
7. Possession

8. Persons
- Juristic persons and natural persons
- Corporate personality
– Corporate sole and corporate aggregate

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 5.3 Labour Law - II

1. The Trade Unions Act, 1926.

- Object.
- Basic concept – Trade Union, trade disputes.
- Registration of trade Unions.
- Rights and Liabilities of registered Trade Union.

2. The Workmen’s Compensation Act, 1923.

- Object.
- Basic Concepts
– Workman, personal injury, total and partial disablement,
dependents.
- Employers liability for compensation.
- Personal injury.
- Accident arising “out of” and “in the course of employment’’
- Notional extension of time and space - judicial approach.
- Principles for fixation of amount of compensation

3. The Factories Act, 1948.

- Object.
- Broad overview of various provisions relating to health, safety and
welfare of workers and relating to regulation of employment of
women and young persons and children in factories.

4. The Employees’ State Insurance Act, 1948

- Object
- Broad overview of various provisions relating to employees’ state
insurance under the Act

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 5.4 Criminal Procedure - I
1. Introduction
The rationale of criminal procedure
The importance of fair trial in criminal proceedings
Right to a fair criminal trial from the Human Right perspective
Basic fair trial criteria

2. Basic concepts
- Bailable and Non-bailable Offences
- Non-cognizable and Cognizable Offences
- Summons and Warrant cases
- Inquiry, Investigation and Trial
- Complaint
- Charge
- Discharge
- Acquittal

3. Pre-trial process
Arrest
- Meaning and purpose of arrest
- Arrest with or without warrant
- After arrest procedure
- Rights of arrested person and consequences of non-compliance

Search and Seizure

- Meaning and purpose of search and seizure
- Search with and without warrant
- Police search during investigation

FIR
- Definition
- Evidentiary value of FIR

Complaint
- Meaning and essentials of a criminal complaint
- Difference between FIR and complaint

Magistrates’ power to take cognizance

Provisions as to Bails and Bonds

- Concept of Bail
- Accused’s right of Bail – Judicial approach
- Bail in bailable and non-bailable offences
- Anticipatory bail
- Special powers of High Court and Court of Sessions regarding bail
- Cancellation of bail
- Bonds and securities

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 5.5 Honours Law Course - I
Law and the Child

1. Constitutional and International Legal Status of Child

- Constitutional Concern – Protection of the special status of children
and the welfare of children – Articles 15(3),24, 39 (e) & (f)
- International concern and the endeavour for the welfare of the
children: various conventions and declarations

2. Problems of conception, birth, nourishment and health of the child

- Legal status of child in the world
- Tortious liability against injuries to unborn children
- Coparcenaries and property rights of the unborn children
- Law relating to maternity benefit and relief
- Provision relating to proper health care and basic medical facilities

3. State responsibility for the education of children

- Constitutional provisions (lap)
4. Child Labour
- The Constitutional and Statutory Protection
- The Child Labour (Prohibition and Regulation) Act, 1986
5. Law and Offences Against Child
- Provision for protection of neglected children
- Institutions for the protection of neglected children
- Child and Sexual Abuse/Immoral Trafficking, Prostitution and Rape
- Various Aspects
- Role of judiciary in prevention of sexual abuse of children
and their protection
- Role of NGOs
- Prevention of vagrancy and beggary

6. The Discrimination against female children

- Foeticide and infanticide
- Problems and perspectives of Prenatal Sex Determination and Sex
Selective Abortion in India
- The Abuse of Amniocentesis or female foeticide
The Pre-natal Diagnostic Techniques (Regulation and Prevention of
Misuse) Act, 1994

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 5.6 Optional Seminar Course - I
Socio-economic offences

1. Conception
- "Social" and "Economic" offences - Distinction between them
- Notion of "White Collar crimes"
- Sutherland's analysis
- Critique of Sutherland's analysis
- Applicability to Indian conditions
- Santhanam Committee Report - Law Commission of India Report

2. Corruption
- General conception of 'Corruption', 'Bribery', 'Nepotism' and 'Favouritism'
- Causes of rise in corruption
- Corruption under the Indian Penal code
- Santhanam Committee analysis
- The Special Legal regime - The Prevention of Corruption act
- Investigation under the Criminal Laws (Amendment) Act, 1952
- Sanction for prosecution
-Category of Public Servants liable for prosecution for corruption cases
- Relevant aspects of the Antulay case
- Sentencing policies and patterns
- Central Vigilance Commission

3. Black money
- Conception of 'black money'
- Disproportionate assets
- Legal provisions for investigating into Black Money
- Sentencing policies and patterns
- Amnesty - Retroactive legalization of Black Money
through Voluntary Disclosure Schemes
and Bearer Bonds
4. Organized Crime
- Smuggling
- Drug Trafficking
- Chit Fund swindles
- Prostitution
- Recent enactments by States to curb organized crime

5. Crimes against consumer of goods and services

- Food Adulteration
- The Prevention of Food Adulteration Act
- Drug Adulteration
- The Drugs and Cosmetics Act
- Recent amendment in criminal laws enhancing the
sentence
- Offences relating to weights and measures
- The Weights and Measures Act
- Provisions in the Indian Penal Code

- Pollution of Environment
- Provisions in the Indian Penal code
- Provisions in the Environmental legislations
- Medical malpractices
6. Crimes against disadvantaged and vulnerable groups
- Dowry murders
- Atrocities against Untouchables
- Bonded Labour

7. Legal Regimes of Investigation and Enforcement

- Differential in onus of proof through presumption of guilt and fair trial
problems
- The regime of Special laws
- The regime of Special courts
- Strict and Absolute liability
- Vicarious Liability
- Group liability

8. Alternative/Additional Strategy
- Ombudsman
- Tax reforms
- Electoral reforms
- Reform of prosecution structure
- Alternate sanctioning and approval policies

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