School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester –II Course: Constitutional Law -II Course Code: XHL201 Theory: 4 Hrs/Week Max. University Theory Examination: 50 Marks Max. Time for Theory Exam.: 3 Hrs Continuous Internal Assessment: 50 Marks Objectives In Constitutional Law –II major portion in respect of parliament form of government, concept of federalism is aptly covered. The subject also gives detail account of administrative, legislative and financial relationship between Center and state. In brief the subject gives basic understanding of constitutional governance in the country. Unit Number Details Hours 1 Parliament 1) Composition 2) Election, qualifications and tenure of members. 3) Functions of Parliament. 4) Privileges of Members 5) Parliamentary Privileges and fundamental rights. 10 2 Parliamentary Government 1) Westminister Model- Choice of Parliamentary form of Government at the Centre and the State. 2) President of India- Election, qualification and Impeachment, powers and privileges. 3) Governor of the State- Appointment, tenure etc., position and status of Governor. 4) Council of Minister and Prime Minister Cabinet system, collective responsibility- individual responsibility. 5) Co-alition Government- Anti Defection Law. Federalism 6) Federalism Principles- comparative study. 7) Indian Federalism- Identification of federal features. 8) Challenges to Indian federalism- Sarkaria Commission. 10 3 Relations between Union and States 1) Legislative Relations i) Distribution of Legislative Powers ii) Principles of interpretation of Lists. iii) Parliament’s power to legislate on State subjects. 2) Administrative Relations i) All India Services ii) Grants in aid. 10
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School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester –II
Course: Constitutional Law -II Course Code: XHL201
Theory: 4 Hrs/Week Max. University Theory Examination: 50 Marks
Max. Time for Theory Exam.: 3 Hrs Continuous Internal Assessment: 50 Marks
Objectives
In Constitutional Law –II major portion in respect of parliament form of government, concept
of federalism is aptly covered. The subject also gives detail account of administrative,
legislative and financial relationship between Center and state. In brief the subject gives basic
understanding of constitutional governance in the country.
Unit
Number Details Hours
1
Parliament
1) Composition
2) Election, qualifications and tenure of members.
3) Functions of Parliament.
4) Privileges of Members
5) Parliamentary Privileges and fundamental rights.
10
2
Parliamentary Government
1) Westminister Model- Choice of Parliamentary form of Government
at the Centre and the State.
2) President of India- Election, qualification and Impeachment, powers
and privileges.
3) Governor of the State- Appointment, tenure etc., position and status
of Governor.
4) Council of Minister and Prime Minister Cabinet system, collective
responsibility- individual responsibility.
5) Co-alition Government- Anti Defection Law.
Federalism
6) Federalism Principles- comparative study.
7) Indian Federalism- Identification of federal features.
8) Challenges to Indian federalism- Sarkaria Commission.
10
3
Relations between Union and States
1) Legislative Relations
i) Distribution of Legislative Powers
ii) Principles of interpretation of Lists.
iii) Parliament’s power to legislate on State subjects.
2) Administrative Relations
i) All India Services
ii) Grants in aid.
10
3) Financial Relations
i) Distribution of Revenue between Centre and State.
ii) Finance Commission.
iii) Process of Law making- Ordinary Bill, Money Bill, procedure
etc.
4
Freedom Trade-Commerce
1) Historical Perspective.
2) Object and significance of such provision in federal constitution.
3) Restrictions on Trade and Commerce.
10
5
Services under the Constitution units
1. Doctrine of pleasure (Art. 310)
2. Protection against arbitrary dismissal, removal, or reduction in rank
(Art.311)
3. Exceptions to Art. 311
Emergency units
3.1. Emergency, meaning and scope Proclamation of emergency –
Various kinds of Emergencies. conditions -effect of emergency on
Centre- State relations.
3.3. Emergency and suspension of fundamental right
10
6
Judiciary under the Constitution 1. Judicial process
i. Court system
ii. The Supreme Court –Composition, Appointment, Jurisdiction
iii. High Courts - Appointment, Jurisdiction
iv. Judges: appointment, removal, transfer and condition of service:
judicial independence
2. Judicial review: nature and scope
10
Total 60
Resources
Recommended
Books
1. Basu D.D: Constitutional Law of India, Prentice Hall of India.
Shukla V.N, Constitution of India, Eastern Books Company,
Lucknow.
2. Pandey J.N, Constitutional Law of India, Central Law Agency,
Allahabad.
Reference Books 3. Austin, Granwille, The Indian constitution - Corner Stone of a
Nation, Oxford University, Press, New Delhi (Indian Reprint
2000). New Delhi.
4. Jain, M.P., Indian Constitutional Law, Wadhwa & Co., Nagpur.
5. Subba Rao, GCV, Indian Constitutional Law, Eastern Books
Company, Lucknow.
6. Tope T.K. : Constitutional Law of India,, Eastern Book
Company,Lucknow.
7. G. Austin, History of Democratic Constitution: The Indian
Experience (2000) Oxford.
8. Constituent Assembly Debates Vol. 1 to 12 (1989).
9. H.M. Seervai: Constitution of India. Vol.-1-3 (1992), Tripathy,
Bombay.
10. M.P. Singh (ed) V.N. Shukla: Constitutional Law of India
(2000) Oxford.
11. G. Austin: Indian Constitution:- Cornerstone of a Nation (1972)
12. M. Glanter: Competing Equalities – Law and the Backward
Classses in India (1984) Oxford.
13. B. Sivaramayya: Inequalities and the Law (1984) Eastern,
Lucknow.
14. S.C. Kashyap: Human Rights and Parliament (1978) Eastern
Lucknow.
15. P. M. Bakshi, Constitution of India, Universal Law publication
School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester –II
Course: Law of Contract-II Course Code: XHL202
Theory: 4 Hrs/Week Max. University Theory Examination: 50 Marks
Max. Time for Theory Exam.: 3 Hrs Continuous Internal Assessment: 50 Marks
Objectives
In the society wherein all major ventures are getting corporatized, a law student should
acquaint himself with knowledge of special contract apart from equipping himself with
general principles of contract .The student is enabled to comprehend several legislations
apart from the Indian contract Act .The practical business in day to day life requires the
legal provisions relating to agency, indemnity, bailment, pledge, partnership and hire
purchase.
Unit
Number Details Hours
1
Contract of Indemnity
Agreements of Indemnity, Definition, Nature and scope, Rights of
indemnity holder, commencement of indemnifiers liability
7
2
Contract of Guarantee
Definition, Nature and scope, Difference between contract of indemnity and
Guarantee, Rights of surety, Discharge of surety, Extent of surety’s
liability, co surety.
8
3
Contract of Bailment
Definition, Kinds, Duties of Bailer and Bailee, Rights of Finder of goods as
Bailee, Liability towards true owner, Rights to dispose off the goods.
7
4
Contract of Pledge
Definition, Comparison with Bailment ,Rights and duties of Pawnor and
Pawnee.
8
5
Agency
Definition, Creation of Agency, Kinds of Agents, Distinction between
Agent and Servant, Rights and Duties of Agent, Relation of Principal
with third parties, Delegation, Duties and Rights of Agent, Extent of
Agents authority, Personal liability of Agent, Termination of Agency.
7
6
Indian Partnership Act
Definition, Nature, Mode of determining the existence of Partnership,
Relation of Partner to one another, Rights and duties of partner, Relation
of partners with third parties, Types of partners, Admission of partners,
Retirement, Expulsion, Dissolution of Firm, Registration of Firms.
Principles of Service contracts.
8
Sale of Goods Act:
7
The Contract of sale, Conditions and Warranties, Passing of property,
Transfer of title, Performance of the Contract, Rights of Unpaid Seller
against goods and Remedies for Breach of Contract
7
8
E-Contracts
1) The Concept: E-commerce, E-contract, Electronic record, Digital
signature, General principles applicable on cyber contract,
jurisdiction, taxation, and application of law, Certifying Authority,
Cyber Appellate Tribunal , offences in cyber relation, authorities –
role of various linking process in Cyber contract
2) Various Kinds
Electronic Data Interchange, Cyber Contracts / Mouse click
contracts
3) Validity of Electronics Transactions.
Under Information Technology Act.2000, Application of
information Technology Act under section 1 of IT Act 2000
Authentication of Electronics records Legal recognition of
Electronic record & Digital Signature Retention and
Publication of electronic record
4) Communication & revocation of offer and acceptance.
Attribution of electronic records Acknowledgement of receipt.
Time and Place of dispatch and receipt of electronic record.
5) Special Provisions as to Evidence relating to electronic record.
Admissibility of electronic records Presumption as to electronic
agreement
6) Other relevant Provisions.
Amendment to Indian Penal code in sections 463 (Making false
Electronic Records) Amendment to the Negotiable Instruments Act,
1881 in S.6
8
Total 60
Resources
Recommended
Books
1. Avtar Singh - Law of Contract
2. J. R Verma(ed.), Singh and Gupta, The law of partnership in India
(1999), Orient Law House New Delhi.
3. Saharay. H. K - Indian Partnership and Sale of Goods Act
4. Krishnan Nair - Law of Contract
5. R.K. Abhichandani (ed.), Pollock and Mulla on Contracts and Specific
Relief Act (1999) Tripathi, Bombay.
Reference Books 1. Pollock and Mulla - Indian Contract Act, Eastern Book Company,
Lucknow,
2. Anson - Law of Contract, Oxford University Press, London
3. Avtar Singh - Sale of Goods Act
4. Mulla - Sale of Goods Act
5. S. D. Singh and S. P. Gupta - Law of Partnership
6. Mulla: The Indian Contract Act, N.M. Tripathi (P) Ltd. Bombay
7. Venkatesh Iyer: The Law of Contracts and Tenders. Gogia & Co.,
Hyderabad
School: School of Law Programme: LL.B.(Hons) 3 years. Year : First Year Semester –II
Course: Law of Crimes Course Code: XHL203
Theory: 4 Hrs/Week Max. University Theory Examination: 50 Marks
Max. Time for Theory Exam.: 3 Hrs Continuous Internal Assessment: 50 Marks
Objectives
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.
Unit
Number Details Hours
1
Introduction to Law of Crime 1. Conception of crime
2. Pre-colonial notions of crime as reflected in Hindu, Muslim and
tribal law.
3. Macaulay's draft based essentially on British notions.
4. State's power to determine acts or omissions as crimes
5. State's responsibility to detect, control and punish crime.
6. Distinction between crime and other wrongs.
7. IPC: a reflection of different social and moral values.
8. Applicability of I. P. C.
9. Territorial
10. Personal
11. Salient features of the I. P. C.
6
2
Elements of criminal liability 1. Author of crime - natural and legal person
2. Men rea - evil intention
3. Importance of mens rea
4. Recent trends to fix liability without mens rea in certain
1. socio-economic offences.
5. Act in furtherance of guilty intent
6. Omission
7. Injury to another
6
3
Group liability 1. Stringent provision in case of combination of persons attempting to
disturb peace.
2. Common intention
3. Abetment:
6
4. Instigation, aiding and conspiracy
5. Mere act of abetment punishable
6. Unlawful assembly:
7. Basis of liability
8. Criminal conspiracy
9. Rioting as a specific offence
4
Stages of a crime
1. Guilty intention - mere intention not punishable
2. Preparation
3. Preparation not punishable
4. Exception in respect of certain offences of grave nature or of peculiar
kind such as possession of counterfeit coins, false weights and measures.
5. Attempt
6. Attempt when punishable - specific provisions of IPC
7. Tests for determining what constitutes attempt - proximity,