LLM Syllabus

Download as pdf or txt
Download as pdf or txt
You are on page 1of 197

ACHARYA NAGARJUNA UNIVERSITY

A State Government University, Accredited with “A” Grade by NAAC


Nagarjuna Nagar - 522 510, Guntur, Andhra Pradesh, India.

LL.M. – LABOUR & INDUSTRIAL LAWS


LL.M. – CONSTITUTIONAL & ADMINISTRATIVE LAW
LL.M. – LAW OF CRIMES
LL.M. – CORPORATE & SECURITIES LAWS

SYLLABUS
2022 - 2023 onwards
UNIVERSITY COLLEGE OF ARTS,
COMMERCE & LAW

PROGRAM CODES:
ANUCACL08, ANUCACL09,
ANUCACL10 & ANUCACL11
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Page 2 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ABOUT
UNIVERSITY

Page 3 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY (ANU)


- A Brief Profile

Acharya Nagarjuna University, a State University established in 1976, has been constantly
striving towards achieving progress and expansion during its existence for over four decades,
in terms of introducing new courses in the University Colleges, affiliated colleges and
professional colleges. Spread over 300 acres of land on the National High Way (NH-16)
between Vijayawada and Guntur of Andhra Pradesh, the University is one of the front
ranking and fastest expanding Universities in the state of Andhra Pradesh. The University
was inaugurated on 11th September, 1976 by the then President of India, Sri Fakruddin Ali
Ahmed and celebrated its Silver Jubilee in 2001. The National Assessment and Accreditation
Council (NAAC) awarded “A” grade to Acharya Nagarjuna University and also has achieved
108 International ranks, 39 National ranks UI Green Metrics rankings and many more It is
named after Acharya Nagarjuna – one of the most brilliant preceptors and philosophers,
whose depth of thought, clarity of perception and spiritual insight were such that even after
centuries, he is a source of inspiration to a vast number of people in many countries. The
University is fortunate to be situated on the very soil where he was born and lived, a soil
made more sacred by the aspiration for light and a state of whole someness by generations of
students. With campus student strength of over 5000, the University offers instruction for
higher learning in 68 UG & PG programs and guidance for the award of M.Phil. and Ph.D. in
48 disciplines spread over six campus colleges and one PG campus at Ongole. It also offers
160 UG programs in 440 affiliated colleges in the regions of Guntur and Prakasam Districts.
It has a Centre for Distance Education offering 87 UG & PG programs. Characterized by its
heterogeneous students and faculty hailing from different parts of the state and the country,
the University provides most hospitable environment for pursuing Higher Learning and
Research. Its aim is to remain connected academically at the forefront of all higher
educational institutions. The University provides an excellent infrastructure and on- Campus
facilities such as University Library with over one lakh books & 350 journals; Computer
Centre; University Scientific Instrumentation Centre; Central Research Laboratory with
Ultra-modern Equipment; Well-equipped Departmental Laboratories; Career Guidance and
Placement Cell; Health Centre; Sports Facilities with Indoor & Outdoor Stadiums and
Multipurpose Gym; Sports Hostel; Separate hostels for Boys, Girls, Research Scholars and
International Students; Pariksha Bhavan (Examinations Building); Computers to all faculty
members; Wi-Fi connectivity to all Departments and Hostels; Canteen, Student Centre &
Fast-food Centre; Faculty Club; Dr. H.H. Deichmann & Dr. S.John David Auditorium cum
Seminar Hall; Post office; Telecom Centre; State Bank of India; Andhra Bank; Energy Park;
Silver Jubilee Park; Fish ponds; internet center; xerox center; cooperative stores; Water
harvesting structures.

Page 4 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

VISION,
MISSION &
OBJECTIVES
OF THE
UNIVERSITY

Page 5 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY

VISION
To generate sources of knowledge that dispels ignorance and establish truth through
teaching, learning and research.

MISSION
To promote a bank of human talent in diversified faculties – Commerce &
Management Studies, Education, Engineering & Technology, Humanities, Law, Natural
Sciences, Pharmacy, Physical Education & Sports Sciences, Physical Sciences and Social
Sciences that would become an investment for a prosperous society.

OBJECTIVES
 To inspire and encourage all who would seek knowledge through higher education and
research.
 To provide quality instruction and research for the advancement of science and
technology.
 To promote teaching and research studies in disciplines of societal relevance.
 To bridge the gap between theory and practice of the principles of higher education.
 To develop human talent necessary for the industry.
 To open up avenues of higher education and research through non-formal means.
 To invite and implement collaborations with other institutes of higher learning on a
continuous basis for mutual academic progress.
 To motivate and orient each academic department/centre to strive for and to sustain
advanced levels of teaching and research so that the university emerges as an ideal
institute of higher learning.
 To focus specially on the studies involving rural economy, justifying its existence in the
rural setting.

Page 6 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

VISION
&
MISSION OF
THE COLLEGE

Page 7 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY

UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW

VISION AND MISSION OF THE COLLEGE:

University College of Arts, Commerce and Law presently consists of 19 teaching


departments and seven research centres and running 27 courses. It had a very good team of
qualified teachers with strong profiles. The vision of the college is to promote learning and
research in the faculties of social sciences, humanities, law, education and management. It is
intended to encourage research temperament and develop inputs for the betterment of the
society. The mission of the college is to nurture the scholarship, leadership and produce
outcome to promote the quality of life and address the challenges in human society.

Page 8 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

VISION
&
MISSION OF
THE
DEPARTMENT

Page 9 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY


UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW
P.G. DEPARTMENT OF LEGAL STUDIES & RESEARCH
MASTER OF LAW (LL.M.)

VISION OF THE DEPARTMENT:


To be a World-Class Legal Education Institution that Empowers Individuals to contribute to
the Socio-Economic and Political Development of the Nation and beyond.

MISSION OF THE DEPARTMENT:


Our Mission is to provide a Transformative Legal Education that Nurtures Critical Thinking,
Professional Skills, Ethical Values and Social Responsibility in our Students. We aim to
create an Intellectually Stimulating Environment that Fosters Research, Innovation and
Academic Excellence. We are committed to promoting Justice, Equality and the Rule of Law
through our Teaching, Research and Outreach Activities and to building strong partnerships
with the Legal Profession, Government, Civil Society and the International Community.

Page 10 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Page 11 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY


UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW
P.G. DEPARTMENT OF LEGAL STUDIES & RESEARCH
MASTER OF LAW (LL.M)
PROGRAMME EDUCATIONAL OBJECTIVES (PEO’S):
After Two years of successful completion of the program, the Student will be able to
demonstrate:

Refined and solid understanding of the Concepts, Principles, Doctrines and


PEO 1
Theories Governing the Legal Regime.

Enhanced Legal Research and Writing Skills with Significant Contributions to


PEO 2
Knowledge Creation.

Sensitized Insight on the impact of Law on various sections of the Society and
PEO 3 ability to critically resolve Legal issues at a Global, National, Regional and
Local Level.
Legal Acumen enabling Students to apply their Skills to different domains
PEO 4
including Legal Practice, Industry, Teaching and Research.

PROGRAMME OUTCOMES (POs):


On the successful completion of the program, the student will be able to
Evaluate the key Concepts, Doctrines, Principles, and Theories Governing their
PO 1
specialization.

Apply International best practices to Real and Relevant Issues in the Discipline
PO 2
Specific Specialization and General Laws.

PO 3 Appraise the latest Legal Developments through a Multi-disciplinary Lens.

Develop a sensitized perspective towards the Global, National and Local


PO 4
Requirements in the Legal Discipline.

Demonstrate effective research skills in their Specialized Domain to Excel as


PO 5
Advisors and Consultants to the Industry.

Page 12 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING

PROGRAMME OUTCOMES (PO)


to

PROGRAM EDUCATIONAL OBJECTIVES (PEO)

PO 1 PO 2 PO 3 PO 4 PO 5

PEO 1 3 3 2 3 2

PEO 2 3 3 3 2 3

PEO 3 2 2 3 3 2

PEO 4 3 3 2 3 3

MAPPING CORRELATION

LOW MEDIUM HIGH NO

1 2 3 -

Page 13 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

STRUCTURE

Page 14 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I

1 LLM S1 (01) LL Research Methodology CC 8 0 0 8 30 70 100

Dispute Resolution in
2 LLM S1 (02) LL Labour Management CC 8 0 0 8 30 70 100
Relations

3 LLM S1 (03) LL Trade Union Laws CC 8 0 0 8 30 70 100

Total 24
SEMESTER II

4 LLM S2 (04) LL Jurisprudence CC 8 0 0 8 30 70 100


Industrial Discipline and
5 LLM S2 (05) LL CC 8 0 0 8 30 70 100
Punishments Process
6 LLM S2 (06) LL Collective Bargaining CC 8 0 0 8 30 70 100

7 --- MOOCS-I CC 8 0 0 8 30 70 100


Total 32
SEMESTER III

8 LLM S3 (07) LL Law and Environment CC 8 0 0 8 30 70 100

9 LLM S3 (08) LL Social Security Law CC 8 0 0 8 30 70 100

Wages and Minimum


10 LLM S3 (09) LL CC 8 0 0 8 30 70 100
Labour Standards
11 --- MOOCS-II CC 8 0 0 8 30 70 100
Total 32
SEMESTER IV
12 LLM S3 (10) LL Dissertation** 0 0 200
** Faculty workload would include 1 hr. per student guided from the third semester onwards.

Page 16 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

First
Semester

Page 17 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY


UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW
P.G. DEPARTMENT OF LEGAL STUDIES & RESEARCH

MASTER OF LAW (LL.M.) :: LABOUR & INDUSTRIAL LAWS

SEMESTER-I
LLM S1 (01) (22) LL: RESEARCH METHODOLOGY

COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.

COURSE OUTCOME:
On the successful completion of the course, the student will be able to

S.No. Course Outcome Level

Understand the different types of Research Methodologies and


CO 1 Understand
their applications
Analyze the significance of scientific techniques in the field of
CO 2 Analyse
Legal Research
Apply basic statistical techniques and data analysis methods to
CO 3 Apply
analyse research data
Evaluate the quality of research studies published in academic
CO 4 Evaluate
journals and identify potential areas for future research
Show viable exploration & composing abilities to create an
CO 5 Skill
effective research product

TEACHING PEDAGOGY:
 Lecture Method
 Tutorial method with Learning Exercises, Assignments & Presentations
 Discussions & Breakout sessions method
 Socrates Method

Page 18 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
1) Scientific Methods
2) Science, Theory and facts
3) Objectivity, Value, Neutrality and Empiricism
4) Purpose of Social Science Research
5) Scope of legal research
6) Concepts: variables, definitions
7) Research Problem
8) Formulation of research problems
UNIT - II
1) Hypothesis
2) Hypotheses its role, definitions
3) Criteria of good hypothesis and its sources
4) Research Design
5) Forms of Research Design
6) Techniques of Research Design
7) Major steps in the preparation of Research Design
UNIT - III
1) Sampling Techniques
2) Its uses and advantages in research
3) Random sampling, simple random, stratified random, systematic random
4) Non-random, sampling hazard, availability and purpose sampling
5) Research Tools
6) Observation, Participant and non-participant observation,
7) Questionnaire
8) Schedule
9) Interview
UNIT - IV
1) Survey
2) Case Study
3) Content Analysis
4) Projective Techniques
5) Data processing and Analysis
6) Use of Statistics in the Analysis and Interpretation of Data
UNIT - V
1) Research Report

Page 19 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1) Myneni S.R., 'Research Methodology' Allahabad Law Agency
2) Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3) Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4) Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5) Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6) Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 20 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (02) (22) LL: DISPUTE RESOLUTION IN LABOUR


MANAGEMENT RELATIONS

COURSE DESCRIPTION:
Dispute resolution in labour management relations is a course that focuses on managing conflicts
that arise in the workplace between employers and employees or their representatives. The
course examines various techniques and strategies for resolving disputes, including Negotiation,
Mediation, Arbitration and Adjudication.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the legal framework and history of labour


CO 1 management relations, including collective bargaining, labour Understand
laws and regulations
Identify issues and conflicts that arise in workplace to develop
CO 2 Analyse
strategies for addressing them effectively
CO 3 Apply conflict resolution strategies to work situations Apply
Evaluate the effectiveness of various dispute resolution
CO 4 Evaluate
techniques and strategies in different situations
Apply negotiation techniques to develop bargaining positions,
CO 5 use persuasive arguments and manage emotions and conflicts Skill
during negotiations

TEACHING PEDAGOGY:
 Lecture Method
 Role-plays and stimulations
 Discussions & Breakout sessions method
 Research projects

UNIT - I
1. Governments Policy on Industrial Relations
2. Indian Government policy of active intervention in industrial relations through conciliation
and adjudication
3. Compulsory methods Voluntary methods of settlement of industrial disputes.

Page 21 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - II
1. Industrial Disputes Act
2. Definitions:
Appropriate government, industry, industrial dispute & workman.
3. Settlement and award Layoff.
4. Retrenchment and Closure.
UNIT - III
1. Industrial relations machinery and methods of settlement of industrial disputes
2. Works Committees
3. Conciliation
4. Investigation
5. Court of Inquiry
6. Voluntary Arbitration
7. Compulsory Adjudication
8. Governments power to refer industrial disputes
9. Nature and extent of Governments Power.
UNIT - IV
1. Industrial adjudication
2. Objectives of industrial adjudication
3. Labour courts, industrial tribunals and National Industrial Tribunals Constitution and
Composition.
4. Jurisdiction, powers and functions of adjudicatory authorities
5. Finality and Judicial review of awards
6. Commencement, enforceability and operation of awards.
UNIT - V
1. Chapter V A and V B of Industrial Disputes Act
2. Restrictions on and compensation for lay-off, retrenchment transfer and closure of
undertakings
3. Exit policy
4. Unfair Labour Practices (Schedule V)
5. Change of conditions of service
6. Section 9A & 9B and Schedule IV of Industrial Disputes Act
7. Section 33, 33A & 33B of Industrial Disputes Act
8. Recovery of money due from employer
9. Section 33C(1) of Industrial Disputes Act
10. Jurisdiction of Labour Courts: under Section 33C(2) of Industrial Disputes Act.

Page 22 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. The Law of Industrial Disputes Vol. I & Vol. II O.P. Malhotra.
2. Labour and the Law Kahn - Freund.
3. Report of National Commission on Labour (Relevant chapters)

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 23 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (03) (22) LL: TRADE UNION LAW

COURSE DESCRIPTION:
Trade Union Law is a course that focuses on the legal framework that governs trade unions and
their operations. The course covers the history and development of trade unions, the legal rights
and obligations of unions and their members, and the legal relationships between unions,
employers and government.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the history and development of trade unions and


CO 1 Understand
their legal framework, including labour laws and regulations

CO 2 Identify and Analyse emerging issues in Trade Union Law Analyse

Explain the legal requirements for forming and registering a


CO 3 Apply
Union
Identify the legal rights and obligations of unions and their
CO 4 Evaluate
members

CO 5 Navigate and interpret labour laws and regulations Skill

TEACHING PEDAGOGY:
 Lecture Method
 Guest speakers Method
 Discussions & Breakout sessions method
 Moot Court Method

UNIT - I
1. Freedom of Organization
2. Negative and positive features
3. Position in India, Britain and America
4. Scope of Art 19(1)
UNIT - II
1. Development Process
2. History of Trade Union Movement

Page 24 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

3. Brief History of Trade Union movement in Britain


4. Evolution of Trade Union Movement Labour Legislation in India
5. Definition of Trade Union
6. Registration Procedure
UNIT - III
1. Trade Unions and Corporate Status
2. Corporate Status
3. Immunities of Trade Unions India and Britain
4. Trade Union Recognition
5. Recognition of Trade Unions in Britain
6. Recognition of Trade Unions in India NCL Recommendations.
UNIT - IV
1. Problems facing the Indian Trade Union Movement
2. Multi Unionism
3. Outsiders in the Unions
4. Political affiliation
5. Inter-Union Rivalry and Intra-Union Rivalry
UNIT - V
1. Unorganised Labour and Unionizations
2. Problems of unorganized labour
3. Agriculgtural Labour
4. Child Labour
5. Bonded Labour

REFERENCE BOOKS:
1. Citrine Trade Union Law
2. Cyril Grunfeld Modern jTrade Union Law.
3. Richard kinder Trade union Law
4. Kahn-Freund Labour and the Law
5. J.N. Mallick Trade union Law
6. K.D. Srivastava Trade union Law
7. S.C. Jha Indian Trade Union Movement
8. V.V. Giri Labour Problems in Indian Industry
9. C.K. Sharma Labour Movement in India
10. N.C.L. Recommendations Relevant Chapters
11. Bomaby Industrial Relations Act 1946
12. Maharashtra Recognition of Trade Unions and PULP Act 1971

Page 25 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 26 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Second
Semester

Page 27 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: LABOUR & INDUSTRIAL LAWS

SEMESTER-II

LLM S2 (04) (22) LL: JURISPRUDENCE

COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the major theories and schools of thought in


CO 1 Understand
jurisprudence

Analyse legal arguments and decisions from different theoretical


CO 2 Analyse
perspectives

CO 3 Apply legal theories to contemporary legal issues Apply

CO 4 Evaluate the relationship between law and morality Evaluate

CO 5 Demonstrate Legal reasoning and analysis skills Skill

TEACHING PEDAGOGY:
 Lecture Method
 Readings and Reflections method
 Guest speaker method
 Case Study Method

UNIT - I
1. Sources of Law
2. Custom
3. Precedent

Page 28 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

4. Doctrine of ratio decidendi


5. Legislation
6. Rules of Interpretation of Statutes
7. Literal Rule
8. Golden Rule
9. Mischief Rule
10. Beneficial Rule
UNIT - II
1. Theories of Law
2. Natural Law School
3. Positivism
4. Hart's Concept of Law
5. Kelsen's pure theory of law
6. Modern Realism
7. American and Scandinavian Realists
8. Marxist theory of Law
9. Historical and Anthropoligical approaches
10. Sociological school
UNIT - III
1. Concept of Right and duties
2. Characteristics of a legal right
3. Legal rights in the wider sense
4. Kinds of legal rights
5. Concept of Duty
6. Functions of duty
7. Structure of duty
8. Approval and disapproval
9. Enforceability
10. Sanction
11. Conflicting duties
12. Breach of duty
UNIT - IV
1. Concept of Liability:
2. The Nature and Kinds of Liability
3. Theory of remedial liability
4. Theory of penal liability
5. Acts
6. Two classes of wrongful acts

Page 29 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

7. Damnum Sine injuria


8. The place and time of act
9. Causation
10. Mens rea Intention Motive - Relevance and irrelevance of motive Malice Jusnecessitatis
11. Negligence
12. Duty of care
13. Standard of care
14. Degree of care
15. Theory of strict liability
16. Mistake of law and Mistake of fact
17. Vicarious Liability
18. Measure of criminal liability
19. Measure of civil liability
UNIT - V
1. Persons
2. Legal status of persons
3. Kinds of persons
4. Theories of corporate personality
5. Ownership and Possession
6. Development of Idea of Ownership
7. Kinds of Ownership
8. Essentials of Ownership
9. Development of concept of possession
10. Elements of possession
11. Kinds of possession
12. Distinction between ownership and possession

REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence

Page 30 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 31 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (05) (22) LL: INDUSTRIAL DISCIPLINE AND PUNISHMENT


PROCESS

COURSE DESCRIPTION:
Industrial Discipline and Punishment Process is a course that focuses on the rules, procedures
and principles involved in the disciplinary process within an industrial setting. This course
explores the legal, ethical and practical considerations involved in disciplining employees and
enforcing workplace rules and regulations.
COURSE OUTCOME (CO):
On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the importance of communication and


CO 1 Understand
documentation in disciplinary proceedings

CO 2 Analyse and evaluate different forms of workplace discipline Analyse

Apply their knowledge of workplace rules and regulations to


CO 3 Apply
develop effective disciplinary policies and procedures

Evaluate the effectiveness of different types of punishment in


CO 4 Evaluate
shaping employee behaviour

CO 5 Develop critical thinking and problem-solving skills Skill

TEACHING PEDAGOGY:
 Role Play Method
 Lecture Method
 Guest speaker Method
 Group Discussions Method
 Quizzes and Assignments Method

UNIT - I
1. Industrial Discipline
2. Concept and need for maintaining industrial discipline
3. Industrial Employment (Standing orders) Act, 1946 And Model standing orders
UNIT - II
1. Misconduct
2. Different types of misconduct

Page 32 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

3. Punishment appropriate to misconduct


4. Punishment
5. Major and minor punishment
6. Termination of employment
7. Dismissal
8. Discharge (Punitive or simple)
9. Discharge of probationers
10. Compulsory retirement
11. Fines
12. Suspension subsistence allowance during suspension
13. Reversion or demotion
14. Withdrawal of increments cumulative or non-cumulative
UNIT - III
1. Domestic Enquiry
2. Compliance with principles of natural justice
3. Charge-sheet Requirements of Enquiry officer
4. Presenting Officer
5. Defence counsel
6. Enquiry officer report
7. Final show-cause notice and order of punishment
UNIT - IV
1. Jurisdiction of adjudicatory authorities
2. Supervisory origional or appellate jurisdiction
3. Section 11 A of Industrial Disputes Act
4. Section 2A(2) of Industrial Disputes (A.P. Amendment) Act
5. Protection of civil servants
6. Doctrine of pleasure Art. 310 of the Constitution
7. Protection under Art 311 of the constitution
8. Jurisdiction of Administrative Tribunals and High Courts.
UNIT - V
1. Law Relating to Promotions and Transfer
2. Comparision of Jurisdiction of Labour Courts /Industrial Tribunals with the jurisdiction of
Administrative Tribunals on punishments

REFERENCE BOOKS:
1. The Law of industrial disputes Vol I & Vol II O.P. Malhotra
2. Constitutional Law of India H.M. Seervai (Relevant chapters)
3. Report of National Commission on Labour (1969) (Relevant chapters)

Page 33 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 34 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (06) (22) LL: COLLECTIVE BARGAINING

COURSE DESCRIPTION:
This course provides an overview of the collective bargaining process, which is a vital
component of labour relations in the workplace. Students will learn about the legal framework
surrounding collective bargaining, as well as the roles and responsibilities of both management
and labour unions at workplace.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the process of administering collective bargaining


CO 1 Understand
agreements

Analyse current trends and issues affecting collective


CO 2 Analyse
bargaining

CO 3 Prepare effectively for collective bargaining negotiations Apply

Identify and evaluate the different negotiation strategies and


CO 4 tactics used by management and labour unions during Evaluate
collective bargaining

Develop communication and conflict resolution skills to


CO 5 Skill
effectively negotiate

TEACHING PEDAGOGY:
 Case Study Method
 Lecture Method
 Mock Negotiations Method
 Guest Speakers Method
 Role Paly Method

Page 35 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
1. Collective Bargaining Conceptual and Processual Issues
2. Concept of collective bargaining a comparative appraisal
3. Methodological aspects
UNIT - II
1. Bargaining process
2. Types of bargaining Plant level, industry level and national level
3. Advantages of collective bargaining over compulsory adjudication
UNIT - III
1. Legal control of collective bargaining endeavours
2. Strike as a weapon in the process of collective bargaining
3. pen-down, go-slow, work to rule, stay-in, picketing
4. Gherao
5. Lock-out
6. Legality and Justifiability of strikes and Lock-outs.
7. Disciplinary action for participating in illegqal strikes.
8. Wages for the period of strike
UNIT - IV
1. Factors affecting collective bargaining
2. Multi-Unionism and bargaining
3. Bargaining councils
4. Sole bargaining agent.
5. Other factors
6. Conditions for successful functioning
UNIT - V
1. Status of collective agreements
2. Binding nature of collective agreements.
3. Collective Agreement and conciliation settlement
4. Workers' participation in Management
5. Concept and theories of participation of workers
6. Works Committees
7. Joint Management Councils
8. Worker Director
9. Workers' share holders

Page 36 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. Gillian S. morris and Timothy J.Archer, Ckollective Labour Law (2000), Oxford
2. Nick Humphrey, Trade Union Law (1997), Blackstone, London
3. John Bowers and Simon hentyball, Text book on Labour Law (1998), Blackstone, London.
4. Stephen Dery and Richard Mitchell, Employment Relations - Individualization and Union
Exclusion (1999), Blackston, London
5. Roger Blanpain, Chris Engels(Eds.), Comparative Labour Law and Industrial Relations in
Industrialised market Economies (1999)
6. Indian Law Institute - Labour Law and Labour Relations, (1997)
7. ILO, Collective Bargaining.
8. ILO, Collective Bargaining in Industrialised Market Economies
9. Mary Sur, Collective Bargaining (1965)
10. Principles of Labour Law, Chs. 8,9 and 10 (1983)
11. Otto Kahn-Freund, Labour and the Law, (1977)
12. A.V. Rajagopalan, Approaches to Collective Bargaining – Intricacies" 1982 Vol. II
13. Labour Law Notes P.J. 42.
14. B.R. Patil, Sectionalised Bargaining in Textile Industry in Coimbatore" 20 Indian
15. Journal of Industrial Relations 44. (1985)
16. Elias T. Ramos, Growth of Collective Bargaining in the Philippines, 1953-74", 14 Indian
17. Journal of Industrial Relations 559 (1987)
18. T.O. Ekeehukwu, Collective bargaining & Process of Settling Industrial Dispsutes in
Nigeria
19. Indian journal of industrial Relations 607 (1983)
20. Y.R.K. Reddy, Determination of Collective Bargaining Agency Search for a Procedure
21. Indian journal of Industrial Relations 73 (1978)
22. Sahab Dayat Revival of Collective Bargaining in India
23. Journal of Industrial Relations 329 (1982)

Page 37 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 38 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Third
Semester

Page 39 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: LABOUR & INDUSTRIAL LAWS

SEMESTER-III
LLM S3 (07) (22) LL: LAW AND ENVIRONMENT

COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the strong theoretical and practical issues of the


CO 1 Understand
Environmental Legal System.
Analyse the legal and policy responses to climate change,
CO 2 Analyse
including the clean power plan

CO 3 Apply the principles of sustainable development Apply

Evaluate the legal and policy frameworks for managing natural


CO 4 Evaluate
resources
Demonstrate critical thinking and problem-solving skills by
CO 5 applying legal and policy frameworks to complex Skill
environmental issues such as plastic pollution and e-waste

Page 40 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

TEACHING PEDAGOGY:
 Group Projects Method
 Lecture Method
 Seminar Method
 Class Discussions Method
 Case Study Method
 Assignments Method
 Guest Speakers Method
 Field Tours Method

UNIT – I: Environment Policy Development


1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT – II: International Law and Environmental Protection
1. Environment as a human right
2. United Nations
3. Stockholm Declaration
4. Rio Summit
5. Vienna Convention
6. Montreal Protocol
7. Earth Summit
8. UNEP
9. Trail Smelter Arbitration.
UNIT – III: National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.
UNIT – IV: Environmental Pollution
1. Kinds of pollution
2. causes of factors of environmental pollution
3. Remedies under civil law and criminal law

Page 41 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT – V: Judiciary and Environmental Regime


1. Wholesome environment
2. Principles of Common Law
3. Criminal Liability
4. Judicial Remedies
5. Judicial Activism
6. Environment and PIL.

REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications, New
Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases, Materials
and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection) Laws,
Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 42 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (08) (22) LL: SOCIAL SECURITY LAW

COURSE DESCRIPTION:
This course examines the legal framework governing social security programs in the Country,
including retirement, disability, and survivor benefits. Students will explore the history and
evolution of social security law, as well as current legal and policy issues related to it.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the administrative process for applying and


CO 1 Understand
receiving social security benefits

CO 2 Analyse various social security programmes Analyse

Identify the legal and policy implications of social security


CO 3 Apply
programmes

CO 4 Evaluate the funding sources for social security programmes Evaluate

Demonstrate critical thinking and problem-solving skills by


CO 5 Skill
analysing and evaluating complex social security issues

TEACHING PEDAGOGY:
 Lecture Method
 Class Discussions Method
 Discussions & Breakout sessions Method
 Assignments Method

UNIT - I
1. Concept of Social Security
2. The Beveridge Report
3. Evolution of Social Security
4. Labour Welfare
5. Distinction with Social Security
6. Labour social security as part of the general
7. social security in the welfare State

Page 43 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. Social Assistance
9. Social Insurance
10. Social security in UK, USA and INDIA
UNIT - II
1. International norms for social security of labour
2. The ILO measures
3. The UNO measures
4. Constitutional Perspectives
5. Fundamental Rights
6. Right to life, the wider dimensions
7. Directive Principles of State Policy
8. Right to adequate means of livelihood
9. Right to public assistance in cases of unemployment
10. Old age, sickness and disablement
11. Maternity relief
UNIT - III
1. Recommendations of Commissions pertaining Social Security
2. Royal Commission on Labour
3. I - N.C.L. Recommendations
4. II - N.C.L. Recommendations
5. Comprehensive and Integrated Social Security Scheme by N.C.L.
UNIT - IV
1. Development of Social Security Legislations in India
2. Social Security for Organised Labour
3. Employer’s Liability Act, 1936
4. Workmen’s Compensation Act, 1923
5. Accident Arising out of and in the course of employment.
6. Employees State Insurance Act, 1948
7. Health care and Cash benefit in the case of Sickness
8. Maternity and Employee injury
9. Employees Provident Fund & Mis Provisions Act, 1952
10. Employees’ Provident Fund Scheme, 1982
11. Employees’ Deposit Linked Insurance Scheme, 1976
12. Employees’ Pension Scheme, 1935
13. Payment of Gratuity Act, 1972
14. Payment of Gratuity to employees
15. Maternity Benefit Act, 1961
16. welfare of working women
17. maternity leave and Payment of certain monetary benefits

Page 44 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - V
1. Social Security for Unorganized Labour
2. The Child Labour (Prohibition and Regulation) Act, 1986
3. The Bonded Labour
4. Agricultural Labour

REFERENCE BOOKS:
1. Harry Calvert Social Security Laws (1978)
2. S.C. Srivastava - Social Security and Labour Laws (1985)
3. Reports of the National Commission on Labour (1&2) (Relevant Chapters)
4. The Laws of Social Security Ogns and Berndt (1978) (Relevant chapters)

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 45 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (09) (22) LL: WAGES AND MINIMUM LABOUR STANDARDS

COURSE DESCRIPTION:
The Wages and Minimum Labour Standards course is designed to provide an in-depth
understanding of the laws and regulations governing minimum wages and labour standards in
different countries around the world. The course will cover a wide range of topics related to
labour standards.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the role of collective bargaining in setting


CO 1 Understand
minimum wages
CO 2 Analyse the impact of globalisation on minimum wage policies Analyse
Identify the different methods used to enforce minimum wage
CO 3 Apply
laws
Evaluate the impact of technology on minimum wage jobs and
CO 4 Evaluate
the labour market more broadly
Develop their own opinions on the complex issues surrounding
CO 5 Skill
wages and labour standards

TEACHING PEDAGOGY:
 Lecture Method
 Case Law method
 Guest Lectures Method
 Discussions & Breakout Sessions Method
 Experimental Learning Method

UNIT - I
1. Wages
2. History of Wage legislation in India
3. Findings of Royal Commission on Wages 1931
4. Constitutional Perspectives on wages
5. Right to living wage
6. Right to equal pay for equal work

Page 46 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

7. Denial of minimum wages as forced labour


8. International Standardization on wages
9. The role of ILO Conventions and Recommendations
UNIT - II
1. Theories of wages
2. Concepts of minimum wage
3. Fair wage
4. Living wage
5. Need based minimum wage.
6. Fixation and Revision of Wages
7. Principles of wage fixation
8. Industrial Adjudication
9. Wage boards
10. fixation of wages
11. Wage fixation under Minimum Wages Act.
UNIT - III
1. Protection of Wages
2. Problems relating to payment of wages
3. Royal Commission and payment of wages
4. Deductions and the Payment of Wages Act
5. Payment of Wages under the Payment of Wages Act, 1936
6. Responsibility for payment of wages.
7. Wage Periods-Time for payment, deduction, fines.
8. Claims arising out of deductions and delay in payment.
UNIT - IV
1. Payment of Bonus
2. Bonus concept - as deferred wage
3. Facets Attendance bonus
4. Incentive Bonus, etc.
5. Concept of Profit Sharing - Desirability.
6. Difficulties in Implementation.
7. Interpretation by Indian Courts and Tribunals.
8. Calculation of Bonus under the Payment of Bonus Act, 1965.
9. Eligibility for Bonus, minimum and maximum bonus.
10. Set on and Set off of allocable.
11. Labour Welfare Concept
12. Health, Safety and Welfare
13. Health, Safety and Welfare of workers in factories
14. Dearness Allowance

Page 47 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

15. Basic wage and Dearness Allowance


16. Fixation and Revision of Dearness Allowance
UNIT - V
1. Shops and Establishments
2. Definition of ‘Shop’ and ‘Establishment’
3. Health, safety and leaves
4. Wages and conditions of employment

REFERENCE BOOKS:
1. O.P. Malthotra, Law of Industrial Disputes (1999)
2. R.R. Singh, Labour Economics Chs. 6,7,8 and 9 (1971)
3. G.L. Kothari, Wages, Dearness Allowances and Bonus (1968)
4. Y.B. Singh, Industrial Labour in India Part 1, (1960)
5. V.V. Giri, Labour Problems in Indian Industry Ch.F (1972)
6. Report of the National Commission on Labour 1969
7. International Labour Office, Wages (1968)
8. International Labour Office, Wage Fixing (1981)
9. International Labour Office, Minimum Wage Fixing (1981)
10. Vedula Jagannadha Rao, Law Relating to Shops & Establishments in Andhra Pradesh
(1989)
11. Suresh C. Srivastava, ‘Payment of Dearness Allowance to Industrial Workers in India”
15.J1.L1. 444(1973)
12. Suresh C. Srivastava, Machinery for Fixation of Minimum Wage of Sweated Labour in
India Problems and Prospects 23 J.l.L.l.495(1981)
13. R.D. Agarwal, Dynamics of Labour Relations in India (1972)
14. Sahab Dayal. Wage, Income and Industrial Relations in Modern India : An Evaluation of
Selected Empiricial Implications.
15. Indian Journal of Industrial Relations 195(1971)
16. Madhuri G. Seth, Bonus in Equity Perspective, 15 Indian Journal of Industrial Relations
119
17. Deepak Lal, Theories of Industrial Wage Structures : A Review 15 Indian Journal of
Industrial Relations 167 (1979)
18. C. Mani Sastry, Wage Structure and Regional Labour Market, 21 Indian Journal of
Industrial Relations 344(1985)
19. Suresh C. Srivastava, Payment of Dearness Allowance to Industrial Workers in India: The
Judicaal Approach, 15 J.l.L.l 444(1973).
20. R.L. Chawla, Wage Policy and Industrial Relations.

Page 48 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 49 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Fourth
Semester

Page 50 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: LABOUR & INDUSTRIAL LAWS

SEMESTER-IV

LLM S3 (10) (22) LL: DISSERTATION

A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.
The overriding criteria namely, institute-wide standardization, readability, conformance to
ethical norms and durability forms the core of the acceptable form of the dissertation. This
document provides a set of guidelines for the LL.M. students to prepare the dissertation to
satisfy the above-mentioned criteria.

1. GENERAL GUIDELINES:
a. Every student pursuing their LL.M. Programme in the Department of Law is
expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.

2. BROAD AREAS OF DISSERTATION:


Students must conduct their research on a carefully chosen area from the following broad
areas:

Page 51 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

a. Constitutional and Administrative Law


b. Corporate Law
c. Gender and Sexual Minorities
d. Gender Justice
e. Human Rights Law
f. International Criminal Law
g. International Humanitarian Laws
h. Labour Laws
i. Securities Laws
j. United Nations

3. FORMAT OF DISSERTATION:
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
 Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
 Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.
g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.
h. Plagiarism: In light of the University Grants Commission (Promotion of Academic
Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018, the permissible limit of similarity shall be 10%.
The plagiarism check should start from the first page of Chapter 1 and continue
throughout the text till end.

Page 52 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

i. The new chapter in your dissertation should always start on an odd-numbered page. If
a chapter ends on an odd-numbered page, its back side has to be kept blank.
j. The copy of the dissertation to be submitted to the University should be durable. It is
advised to use paper of 85 GSM or more.
k. The students are to submit four copies of dissertation (in soft-bound) to the
Department of Law.
l. The final evaluation will be based on the written dissertation and an open viva.
m. The Viva Panel will consist of the faculty members of the Department and one
external member, from within or outside of the University.

4. MARK DISTRIBUTION:
 Total Dissertation: 200 marks
 Viva voce:
 Mid-semester presentation: 10 marks
 Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
 Completion of the dissertation: 30 marks
 External Evaluation: 40 marks

Page 53 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Page 54 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I

1 LLM S1 (01) CAL Research Methodology CC 8 0 0 8 30 70 100


Fundamental Rights
2 LLM S1 (02) CAL and Directive CC 8 0 0 8 30 70 100
Principles
Centre and State
3 LLM S1 (03) CAL CC 8 0 0 8 30 70 100
Relations
Total 24
SEMESTER II

4 LLM S2 (04) CAL Jurisprudence CC 8 0 0 8 30 70 100

Administrative Process
5 LLM S2 (05) CAL CC 8 0 0 8 30 70 100
– Nature & Scope
Administrative Process
6 LLM S2 (06) CAL CC 8 0 0 8 30 70 100
& Judicial Control
7 --- MOOCS-I CC 8 0 0 8 30 70 100
Total 32
SEMESTER III

8 LLM S3 (07) CAL Law and Environment CC 8 0 0 8 30 70 100


Protection and
9 LLM S3 (08) CAL Enforcement of CC 8 0 0 8 30 70 100
Human Rights in India
Public Authorities:
10 LLM S3 (09) CAL CC 8 0 0 8 30 70 100
Liability
11 --- MOOCS-II CC 8 0 0 8 30 70 100
Total 32
SEMESTER IV
12 LLM S3 (10) CAL Dissertation** 0 0 200
** Faculty workload would include 1 hr. per student guided from the third semester onwards.

Page 55 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

First
Semester

Page 56 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY


UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW
P.G. DEPARTMENT OF LEGAL STUDIES & RESEARCH
MASTER OF LAW (LL.M.) - CONSTITUTIONAL & ADMINISTRATIVE LAW

SEMESTER-I
LLM S1 (01) (22) CAL: RESEARCH METHODOLOGY

COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the different types of Research Methodologies and


CO 1 Understand
their applications
Analyse the significance of scientific techniques in the field of
CO 2 Analyse
Legal Research
Apply basic statistical techniques and data analysis methods to
CO 3 Apply
analyse research data
Evaluate the quality of research studies published in academic
CO 4 Evaluate
journals and identify potential areas for future research
Show viable exploration & composing abilities to create an
CO 5 Skill
effective research product

TEACHING PEDAGOGY:
 Lecture Method
 Tutorial method with Learning Exercises, Assignments & Presentations
 Discussions & Breakout sessions method
 Socrates Method

Page 57 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
1. Scientific Methods
2. Science, Theory and facts
3. Objectivity, Value, Neutrality and Empiricism
4. Purpose of Social Science Research
5. Scope of legal research
6. Concepts: variables, definitions
7. Research Problem
8. Formulation of research problems
UNIT - II
1. Hypothesis
2. Hypotheses its role, definitions
3. Criteria of good hypothesis and its sources
4. Research Design
5. Forms of Research Design
6. Techniques of Research Design
7. Major steps in the preparation of Research Design
UNIT - III
1. Sampling Techniques
2. Its uses and advantages in research
3. Random sampling, simple random, stratified random, systematic random
4. Non-random, sampling hazard, availability and purpose sampling
5. Research Tools
6. Observation, Participant and non-participant observation,
7. Questionnaire
8. Schedule
9. Interview
UNIT - IV
1. Survey
2. Case Study
3. Content Analysis
4. Projective Techniques
5. Data processing and Analysis
6. Use of Statistics in the Analysis and Interpretation of Data
UNIT - V
1. Research Report

Page 58 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. Myneni S.R., 'Research Methodology' Allahabad Law Agency
2. Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3. Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4. Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5. Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6. Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 59 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (02) (22) CAL: FUNDAMENTAL RIGHTS & DIRECTIVE


PRINCIPLES

COURSE DESCRIPTION:
Fundamental Rights and Directive Principles are two important concepts in the Indian
Constitution. This course aims to provide a comprehensive understanding of these concepts and
their significance in the Indian democratic system.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the difference between fundamental rights and


CO 1 Understand
directive principles
Analyse the limitations on fundamental rights and the
CO 2 Analyse
circumstances under which they can be restricted.
Apply the knowledge of fundamental rights and directive
CO 3 principles to real-world scenarios and critically analyse their Apply
implications

Evaluate the conflict between fundamental rights and directive


CO 4 Evaluate
principles and the role of judiciary in resolving such conflicts
Appreciate the importance of protecting fundamental rights and
CO 5 promote directive principles for the progress and development Skill
of India as a Democratic Nation

TEACHING PEDAGOGY:
 Lecture Method
 Case Method
 Discussions & Breakout sessions method
 Audio-visual aids
 Research project

UNIT - I
Nature and Characteristics of Fundamental Rights
1. Nature of a Constitution
2. Meaning of fundamental rights
3. Nature and Characteristics of fundamental rights
4. Origin and growth of fundamental rights

Page 60 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Concept of State
1. Definition of the State
2. Background history of State
3. Concept of State
i. Parliament and State Legislatures
ii. Government of India and Government of State
iii. Authorities
iv. Other Authorities
v. Authorities under the Control of Government of India
Doctrine of Severability, Eclipse, and Waiver
1. Doctrine of Judicial Review
2. Pre-Constitutional Laws under Article 13(1)
i. Doctrine of Severability
ii. Doctrine of Eclipse
3. Post-constitutional Laws under Article 13(2)
i. Doctrine of Waiver
4. Definition of ‘Law’ under Article13 of the Constitution
UNIT - II
Right to Equality – Article 14
1. Equality before law and equal protection of Laws
2. Right to Equality
3. Equality before Law
4. Equal Protection of Laws
5. Test of Reasonable Classification
6. Article 14 forbids is class legislation but it does not forbid reasonable classification
7. Permissible grounds of Legislation
i. Geographical Indication
ii. Nature of trade, profession or occupation
iii. Time
iv. Source of Authority
v. Discrimination by the state in its own favour
vi. Taxing Laws
Prohibition of Discrimination on Ground of Religion – Article 15
1. Prohibition of discrimination under Article 15 (1)
2. Prohibition under general nature under Article 15 (2)
3. Special Provisions to Women and Children under Article 15 (3)
4. Nature of Backward Classes under Article 15 (4)
5. Socially and Educationally Backward Classes
6. Reservations in Admissions

Page 61 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Equality of Opportunity in Public Employment – Article 16


1. Equality in matters of public employment – Art. 16(1)
2. Equal Pay for Equal Work
3. Appointment on compassionate ground
4. Descent and Residence – Article 16(2)
5. Residence can be a ground for Reservation of Posts – Article 16(3)
6. Reservation in Services – Article 16(4)
7. Backward Classes
i. Mandal Commission Case
Right to Freedom – Article 19
1. Freedom of Speech and Expression – Article 19(1)(a)
2. Reasonable restrictions – Article 19(2)
3. Security of State
4. Friendly Relations with Foreign States
5. Public Order
6. Decency or morality
7. Contempt of Court
8. Defamation
9. Incitement to an offence
10. Sovereignty and integrity of India
11. Freedom of Assembly
12. Freedom to form Association
13. Freedom of Movement
14. Freedom of Residence
15. Freedom of Profession, Occupation, Trade or Business
Right to Life and Personal Liberty – Article 21
1. Scope of the Personal Liberty
2. Right to life
3. New Horizons under Right to life
4. Right to life under International Standards
UNIT - III
Protection in Respect of Conviction for Offences – Article 20
1. Ex-post facto law
2. Protection against Double jeopardy
3. Prohibition against self-incrimination
Safeguards against Arbitrary Arrest and Detention – Article 22
1. Rights of arrested persons
i. The Rights to be informed of ground of arrest
ii. The Rights to be defended by a lawyer of his own choice
iii. The Rights to be produced before a Magistrate
iv. No detention beyond 24 hours except by order of Magistrate
2. Preventive Detention Laws

Page 62 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Right Against Exploitation - Article 23 & 24


1. Prohibition of Traffic in Human Beings
2. Prohibition of employment of children in factories
Right to Freedom of Religion – Article 25 to 28
1. Restriction on Freedom of Religion
i. Religious liberty subjected to public order, morality and health
ii. Regulation of economic, financial, political and secular activities associated with
religious practices
2. Secular State
3. Freedom of Religion under Article 25
4. Freedom to manage religious affairs Article 26
5. Freedom from taxes for promotion of any particular religion Article 27
6. Prohibition of religious instruction in State-aided institution – Article 28
Cultural and Educational Rights – Article 29 to 30
1. Concept of Minority
2. Protection of interests of Minorities
3. Rights of Minorities to establish and mange Educational Institutions
4. Right of a Recognition or Affiliation not fundamental right
Right to property – Article 31
1. Saving of Laws providing for acquisitions of estates etc. – Article 31A
2. Validation of certain Acts and Regulations – Article 31B
3. Saving of laws giving effect to certain Directive Principles
UNIT - IV
Right to Constitutional Remedies - Article 32 – 35
1. Writ Jurisdiction of the Supreme Court and High Courts
2. Writ of Habeas Corpus
3. Writ of Mandamus
4. Writ of Prohibition
5. Writ of Certiorari
6. Writ of Quo warranto
7. Role of Supreme Court in protecting the Fundamental Rights
Public Interest Litigation
1. Writ Jurisdiction of the Supreme Court and High Courts
2. Concept of Locus standi
3. Origin and growth of Public Interest Litigation
4. Protection of fundamental rights through PIL
5. Criticism of Interest Litigation Procedure

Page 63 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - V
Directive Principles of State Policy
1. Historical background of Directive Principles
2. Distinction between the Fundamental Rights and Directive Principles
Fundamental Duties
1. Historical background of Fundamental Duties
2. Scope of Fundamental Duties under Indian Constitution

REFERENCE BOOKS:
1. Basu: Commentaries on the Constitution of India
2. Seervai: Constitutional Law of India
3. Emmerson: Political and Civil Rights in the United States
4. Subba Rao: Fundamental Rights under the Indian Constitution
5. Cushman: Leading Constitution Decisions
6. Mayson & Beaney: Introduction to American Constitutional Law

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 64 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (03) (22) CAL: CENTRE AND STATE RELATIONS

COURSE DESCRIPTION:
The course on center and state relations typically covers the constitutional and legal framework
governing the relationship between the central government and state governments in India. It
delves into the division of powers and responsibilities between the two levels of government and
the mechanisms for coordination and cooperation between them.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the constitutional and legal framework governing


CO 1 the relationship between the Central and State Governments in Understand
India
Analyse the challenges and opportunities in the practice of
CO 2 Analyse
cooperative federalism in India

Apply their understanding of Centre-State relations to specific


CO 3 Apply
sectors such as agriculture, education, health and infrastructure

Evaluate the role and functioning of key institutions such as the


CO 4 Inter-State Council, Finance commission and the National Evaluate
Development Council

Develop critical thinking and analytical skills that enables them


CO 5 to analyse and access the impact of Centre-State relations on Skill
governance and policy outcomes

TEACHING PEDAGOGY:
 Lecture Method
 Stimulations Method
 Discussions & Breakout sessions method
 Assignments Method

UNIT - I
Evolution of a Federal Constitution
1. Meaning of federal Constitution
2. Concept of Union and State Relationship

Page 65 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

3. Nature and scope of federal Constitution


4. Historical Perspective of Federal Government in India
5. Comparative perspectives of Federal Constitutions
Legislative Relations between Union and States
1. Delegated Legislation
2. Residuary Power
3. Interpretation of powers
Resolution of Conflicts in Concurrent Sphere
1. Conflicts between the exclusive jurisdiction
2. Doctrine of Pith and Substance
3. Doctrine of Ancillary powers
4. Conflicts between the concurrent jurisdiction
5. Theory of repugnancy
UNIT - II
Financial Relations between Centre and State
1. Distribution of revenues between the Union and States
2. Taxes levied by the Union but collected and appropriated by the State
3. Taxes levied and collected by the Union and assigned to the States
4. Distinction between tax and fee
5. Inter-governmental tax immunities i.e., Doctrine of Immunity of instrumentalities
6. United States of America
7. Canada
8. Australia
9. India
Finance Commission, Grants-in -AID
1. Financial Equilibrium at the State level
2. Tax Sharing
3. Finance Commission
4. Grants-in-AID
5. Borrowing Power
UNIT - III
Administrative Relations between Centre and States
1. Control of Union over States
2. Direction by the Centre to the States
3. Delegation of Union's function to the States
4. All India Services
5. Full Faith and Credit Clause
6. Disputes Relating to Water

Page 66 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Cooperative Federalism
1. Inter-State Council
2. Zonal Council
Privileges of Legislature
1. Historical background of the Privileges
2. Powers, Privileges of Parliament and State Legislatures
3. Freedom of speech
4. Right of Publication of Proceedings
5. Immunity from Civil and Criminal Proceedings
6. Courts and Privileges
Breakdown of Constitutional Machinery in States
1. Proclamation of National Emergency
2. Effects of proclamation of emergency
3. Failure of Constitutional Machinery in a State
4. Effects of Imposition of President's Rule in a State
5. Financial Emergency
6. Suspension of Fundamental Rights guaranteed by Article 19
Services under the Union and States - I
1. Recruitment and conditions of service
2. Doctrine of Pleasure
3. Limitations on Doctrine of Pleasure
4. Compulsory Retirement
5. All India Services
Services under the Union and States- II
1. History of Public Service Commissions
2. Public Service Commissions
3. Appointment and term of service of members of the Commission
4. Removal and Suspension of a Member of the Commission
5. Holding of Offices by Members of Commission
6. Functions of Public Service Commission
7. Reports of the Public Service Commission
UNIT - IV
Parliamentary Form of Government
1. Constitution of Parliament
2. Composition of Rajya Sabha and Lok Sabha
3. Parliamentary membership
4. Meeting of Parliament
5. Functions of Parliament
6. Officers of Parliament

Page 67 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

7. Parliamentary Privileges
Presidential Form of Government
1. Merits of Presidential System
2. Significance of Union Executive
3. Tenure and Removal of the President
4. Powers of the President
i. Executive Powers
ii. Legislative Powers
iii. Financial Powers
5. Presidential v. Parliamentary form of Government
UNIT - V
Federal Courts
1. Composition of the Supreme Court
2. Jurisdiction of the Supreme Court
3. Power to review its judgement
i. Original Jurisdiction
ii. Appellate Jurisdiction
iii. Advisory Jurisdiction
4. Enforcement of Decree and Orders of Supreme Court

REFERENCE BOOKS:
1. A.V. Dicey: Law of the Constitution
2. K.C. Wheare: Federal Government
3. Edward McWhinny: Comparative Federalism
4. Bowie and Friendrish (Ed.): Studies in Federalism
5. Indian Administrative Reforms Commission, Report on Centre State Relations. (Vols. I &
II, 1967).
6. H.M. Seervai: Constitutional Law of India.
7. D.B. Basu: Commentaries on the Constitution of India.
8. Alexander Smith: Commerce power in Canada and US.
9. M. Ramaswami: The Commerce clause in the U.S. Constitution.
10. Victor Mackinnon: Comparative Federalism.
11. Cushman: Leading Constitution Decisions.
12. Mayson & Beaney: Introduction to American Constitutional Law.
13. Sabastian V.D.: The Indian Federalism the Legislative Conflicts.
14. Krishna Shetty K.P.: Legislative Conflicts, the Law of Union State Relations and Indian

Page 68 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in

accordance with the session plan)

Page 69 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Second
Semester

Page 70 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) - CONSTITUTIONAL & ADMINISTRATIVE LAW


SEMESTER-II

LLM S2 (04) (22) CAL: JURISPRUDENCE

COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the major theories and schools of thought in


CO 1 Understand
jurisprudence
Analyse legal arguments and decisions from different
CO 2 Analyse
theoretical perspectives

CO 3 Apply legal theories to contemporary legal issues Apply

CO 4 Evaluate the relationship between law and morality Evaluate

CO 5 Demonstrate Legal reasoning and analysis skills Skill

TEACHING PEDAGOGY:
 Lecture Method
 Readings and Reflections method
 Guest speaker method
 Case Study Method

UNIT - I
1. Sources of Law
2. Custom
3. Precedent
4. Doctrine of ratio decidendi
5. Legislation

Page 71 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

6. Rules of Interpretation of Statutes


7. Literal Rule
8. Golden Rule
9. Mischief Rule
10. Beneficial Rule
UNIT - II
1. Theories of Law
2. Natural Law School
3. Positivism
4. Hart's Concept of Law
5. Kelsen's pure theory of law
6. Modern Realism
7. American and Scandinavian Realists
8. Marxist theory of Law
9. Historical and Anthropoligical approaches
10. Sociological school
UNIT - III
1. Concept of Right and duties
2. Characteristics of a legal right
3. Legal rights in the wider sense
4. Kinds of legal rights
5. Concept of Duty
6. Functions of duty
7. Structure of duty
8. Approval and disapproval
9. Enforceability
10. Sanction
11. Conflicting duties
12. Breach of duty
UNIT - IV
1. Concept of Liability:
2. The Nature and Kinds of Liability
3. Theory of remedial liability
4. Theory of penal liability
5. Acts
6. Two classes of wrongful acts
7. Damnum Sine injuria
8. The place and time of act
9. Causation

Page 72 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

10. Mens rea Intention Motive - Relevance and irrelevance of motive Malice Jusnecessitatis
11. Negligence
12. Duty of care
13. Standard of care
14. Degree of care
15. Theory of strict liability
16. Mistake of law and Mistake of fact
17. Vicarious Liability
18. Measure of criminal liability
19. Measure of civil liability
UNIT - V
1. Persons
2. Legal status of persons
3. Kinds of persons
4. Theories of corporate personality
5. Ownership and Possession
6. Development of Idea of Ownership
7. Kinds of Ownership
8. Essentials of Ownership
9. Development of concept of possession
10. Elements of possession
11. Kinds of possession
12. Distinction between ownership and possession

REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence

Page 73 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 74 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (05) (22) CAL: ADMINISTRATIVE PROCESS – NATURE AND


SCOPE

COURSE DESCRIPTION:
The course describes about
1. The special features of the law distinct from the Constitutional Law.
2. The basic principles which are specifically followed to render justice i.e., Principles of
natural justice, their kinds and exceptions.
3. The reasons and evolution of delegated legislation and the functioning of the delegated
authorities within the ambit of the power conferred to them.
4. The functioning of the special bodies constituted as alternative means for administering
justice viz., Administrative Tribunals, Ombudsman, Lokayukta, Lokpal. With the help of the
principles laid down by the Courts of law with special reference to the exercise of power by
the administrative authorities providing insights with the latest updates.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

CO 1 Nature, scope, necessity and development of Administrative Law Understand

Analyze the working of the administrative adjudication system


CO 2 Analyse
and control mechanism of administrative discretionary power

CO 3 Helps to apply remedies against administrative actions Apply

CO 4 Helps to evaluate Doctrines available in India Evaluate

Administrative Tribunals, Ombudsman, Lokayukta, Lokpal


CO 5 Skill
provides insights with the latest updates

TEACHING PEDAGOGY:
● Lecture Method
● Group Work and Guided Learning
● Flipped Classroom Method
● Use of Technology in Classroom

Page 75 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT – I
Introduction to The Study of Administrative Law
1. Definition of Administrative law
2. Reasons for the growth of Administrative Law
3. Distinction between administrative law and constitutional law
Rule of Law
1. Dicey's three meanings of Rule of Law
2. The Rule of Law and Administrative Law
3. K.C. Davis: The Seven meanings of Rule of Law
4. The Rule of Law and American rejection of its extravagant
5. Chicago Conference on the Rule of Law
6. Delhi Declaration 1959
7. Rule of Law and Indian Constitution
8. Judicial Interpretation of the Concept of Rule of Law
9. Rule of Law and Emergency: Habeas Corpus Case
Separation of Powers
1. Historical Background of the doctrine of Separation of powers
2. Montesquieu's doctrine
3. Separation of powers in France
4. Separation of powers in England
5. Separation of powers in USA
6. Separation of powers in India
7. Supreme Court on Separation of powers
UNIT – II
Classification of Functions
1. Need for classification
2. Administrative Process
3. Legislative function
4. Distinction between Legislative and Administrative functions
5. Distinction between legislative and judicial functions
6. The difference between Judicial and quasi-judicial decisions
7. Distinction between administrative and judicial functions
8. Ministerial functions
9. Purely Administrative Functions
Welfare State
1. Meaning and functions of State
2. Theories as to functions of the State
3. Evolution of Welfare State
4. The minimal or limited State
5. The Interventionist State

Page 76 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

6. Need for Government Intervention


7. Five Legal Aspects of the Social Welfare State
8. The Indian Welfare State
9. The Impact of New Economic Policy
UNIT - III
Delegated Legislation
1. Forms of Delegated Legislation
2. Distinction between Legislative and Administrative Powers
3. Reasons for the growth of Delegated Legislation
4. Delegated Legislation in England
5. Delegated Legislation in USA
Constitutionality of Delegated Legislation
1. Constitutionality of delegated legislation in India
2. Privy Council on delegated legislation
3. Federal Court on delegated legislation
4. Supreme Court on delegated legislation
5. Doctrine of Excessive delegation
6. Essential legislative function: Meaning of
7. The test of 'policy and guidelines' and 'abdication test'
Classification of Delegated Legislation
1. Appointed day clause
2. Skeleton legislation
3. Power of inclusion and exclusion
4. Power of extension and application of existing laws
5. Power of suspension
6. Power of Modification
7. Power to remove difficulties
8. Power to prescribe punishments
9. Power to impose tax
10. Conditional legislation
Judicial Control of Delegated Legislation
1. Parent Act is ultra vires the Constitution
2. Delegated legislation is ultra vires the Constitution
3. Whether delegated legislation is protected by the IX Schedule of the Constitution
4. Delegated legislation is ultra vires the Parent Act
5. Delegated legislation held intra vires the Parent Act
6. Unreasonableness
7. Malafide -Wrong purposes and bad faith
8. Sub-delegation
9. Retrospective operation

Page 77 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

10. Exclusion of judicial review


11. Procedural ultra vires
12. Publication
13. Consultation
Legislative Control of Delegated Legislation
1. Position in England
2. Position in USA
3. Position in India
4. Laying Technique
5. Legal Consequences of non-compliance with the laying provisions
6. Committee on Subordinate Legislation
7. Functions of Scrutiny Committees
8. Suggestions made by Committee on Subordinate legislation
9. Working of the Committee
UNIT - IV
Administrative Discretion
1. Meaning of 'Administrative Discretion'
2. Control of discretionary powers
3. Position in England
4. Position in USA
5. Position in France
Fundamental Rights and Conferment of Administrative Discretion
1. Grant of discretion And Article 14
2. Grant Of Discretion and Article 19
3. Discretion Regarding Distribution of government largess
Judicial Control of Administrative Discretion
1. Scope and Extent of judicial review
2. Judicial Review of discretionary powers
3. Failure to exercise discretion
4. Sub-delegation of powers
5. Acting under dictation
6. Fettering discretion by self-created rules of policy
7. Fettering discretion by contract or undertaking
8. Error of law in construing the scope of discretion
9. Non-application of mind
Abuse of Discretion
1. The ultra vires doctrine
2. Malafide exercise of power
3. Taking into account irrelevant considerations
4. Use of powers for an improper purpose

Page 78 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

5. Colourable exercise of p0bower


6. Excess or absence of power
7. Violation of the principles of natural justice
8. Duty to act fairly
9. Unreasonable exercise of discretionary power
UNIT – V
French Administrative Courts
1. Constitutional Background
2. Le Conseil Constitutionnel
3. Droit administrative
4. Administrative Courts
5. Conseil d' Etat
6. Tribunaux Administratifs
7. Other Administrative Jurisdictions
8. The structure of the Conseil d' Etat
9. The Administrative Role of the Conseil d' Etat
10. The Administrative Sections of the Conseil d' Etat
11. The General Assembly of the Conseil d' Etat
12. The Permanent commission
13. The Judicial Role of the Conseil d' Etat
14. The Report Commission
15. The Membership of the Conseil d' Etat
16. The Procedure of the Conscil d' Etat
17. Appeal
18. The Tribunal des conflicts
Administrative Tribunals in India
1. Meaning of Tribunal
2. Administrative Tribunals: Misnomer
3. Reasons for creating Special Tribunals
4. Distinction between Courts and Tribunals
5. Problems of Administrative- decision making
6. Andhra Pradesh Administrative Tribunal
7. 42nd Constitutional Amendment and Tribunals
8. The Administrative Tribunals Act 1985
9. Judicial control over Tribunals
10. Domestic Tribunals

Page 79 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. Friedmann: The State and the Role of Law in a Mixed Economy (1971)
2. Neville I, Brown and J.F. Garnet: French Administrative Law Ch. 5 & 6.
3. Dicey: Law of the Constitution Ch.4,12 & 13, Appendices I & II
4. Schwartz & Wade: Legal Control of Government Ch.5, 6 & 7.
5. Davis: Discretionary Justice
6. Jain & Jain: Principles of Administrative Law (1979) Ch. 2, 7 & 8
7. De Smith: Judicial Review of Administrative Action Ch.2
8. ILI: Government Regulation of Private Enterprises, Ch.1,2&8
9. Jennings: Law and the Constitution, Ch. 1, 2, 6 and Appendices I & II.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 80 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (06) (22) CAL: ADMINISTRATIVE PROCESS AND JUDICIAL


CONTROL

COURSE DESCRIPTION:
A lawyer, whether academic or professional is expected to be competent to analyse and evaluate
the legal process from a broader juristic perspective.
The objective of this paper is to study the nature of judicial process as an instrument of social
ordering. It is intended to highlight the role of court as policy maker, participant in the power
process and as an instrument of social change.
This paper further intends to expose the intricacies of judicial creativity and the judicial tools
and techniques employed in the process. Since the ultimate aim of any legal process or system is
pursuit of justice, a systematic study of the concept of justice and its various theoretical
foundations is required.
This paper, therefore, intends to familiarize the students with various theories, different aspects
and alternative ways of attaining justice.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level


To study the nature of judicial process as an instrument of
CO 1 Understand
social ordering
Analyze the role of court as policy maker, participant in the
CO 2 Analyse
power process and as an instrument of social change
Helps to apply legal process or system is pursuit of justice, a
CO 3 systematic study of the concept of justice and its various Apply
theoretical foundation
Evaluates the intricacies of judicial creativity and the judicial
CO 4 Evaluate
tools and techniques employed in the process.

TEACHING PEDAGOGY:
 Lecture & Discussion Method
 Case study Method
 Research based Teaching
 Harkness method
 Concept centered approach through Seminars and Presentations

Page 81 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT – I
Principles of Judicial Review and Its Constitutionality
1. General Principles
2. Judicial Control in England
3. Judicial Review in America
4. Judicial Review in India
i. Modes of Judicial Control
ii. Constitutional Review
iii. Statutory Review
Concept of Collective Bargaining - A Comparative Appraisal
1. History of Collective Bargaining in India
2. Five-year plans and Collective Bargaining
3. Legal Framework governing Collective Bargaining
4. Factors affecting Collective Bargaining in India
5. Suggestions to make Collective Bargaining more effective
6. N.C.L Recommendation on Collective Bargaining
7. Collective Bargaining and International Experience
Enforcement of Articles 32 And 226 Of Indian Constitution
1. Procedure Under Article 32
2. Procedure Under Article 226
3. Importance of Article 227
4. Discretion of S.C Under Article 136
5. Alternative Remedy
6. Delay --A Ground tor rejecting Petition?
UNIT - II
Judicial Review of Quasi-Judicial Action
1. Judicial review of quasi-judicial Action
i. Jurisdictional Errors
ii. Error apparent on the face of the record
iii. Violation of natural justice
iv. Fraud
v. Imposition of punishment on Government Servant
vi. Unconstitutionality
2. Exclusion of Judicial Review
3. Finality Clause
4. The Conclusive Evidence Clause
Reliefs And Remedies Against Administrative Actions
1. History of Writ Procedure in India
2. Constitutional Framework

Page 82 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

3. Locus Standi - Standing to Challenge an Administrative Action


4. Standing for Writ petitions
5. Laches
6. Resjudicata
7. Alternative remedy
Judicial Review of Administrative Discretion And Policy
1. Meaning of Discretion
2. Administrative Discretion and Fundamental Rights
3. Discretion Regarding Government Largess
4. The Authority Is not acted on any material
5. The Authority Is not acted arbitrary
UNIT - III
Natural Justice
1. Meaning and Development
2. Natural Justice in India
3. Recent developments in India
4. Position England
5. Position In U.S.A
6. Position of Natural Justice in Common Law
7. Consequences of violation of Natural Justice
Audi Alteram Partem as Natural Justice
1. Rule of fair hearing - a statutory rule
2. Exceptions to Audi Alteram Partem Rule
3. Where the function of the Government is policy oriented
4. When the functions of the agency concerned are held to be administrative
5. Where to give notice would obstruct the taking of prompt action
6. Where disclosure of Information would be prejudicial to the public interest
7. Where the power exercised disciplinary
8. Where statutory exclusions are there
i. Emergency
ii. Legislative Function
iii. Interim disciplinary action
iv. Academic Evolution
v. Impracticability
vi. Reasoned Decisions
Doctrine of Bias (Rule Against Bias)
1. Doctrine of Bias
i. Bias and Mala fide
ii. Bias and Prejudice

Page 83 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

iii. Pecuniary Bias


iv. Personal Bias
v. Bias as to the subject -matter
2. Exceptions to the Rule against bias
i. Statutory authority
ii. Statutory modification
iii. Official or departmental bias
iv. Contempt of Court
v. Waiver
3. Maximum and minimum of hearing
4. England and India- A comparison
5. Position in U.S.A
UNIT - IV
Ombudsman In Common Law Countries
Office of the Ombudsman
1. New Zealand
2. New Zealand Parliamentary Commissioner
3. England
4. Australia
5. Norway
6. U.S.A
Ombudsman-A Needed Institution
1. Meaning
2. Importance of the Institution
3. Position of the Institution
4. Need and importance of Ombudsman In modem democratic set-up
5. Office of the Ombudsman
i. Sweden
ii. Denmark
UNIT - V
The Lokpal and Lokayuktas Act, 2013
1. ARC-A mile stone for Lokpal
2. History of Lokpal and Lokayukta
3. The functions of Lokayukta
4. The Important aspects of the Lokpal Act- 2013.
Central Vigilance Commission
1. Jurisdiction of C.V.C
2. Main functions of the Commission
3. Disciplinary Proceedings by C.V.C

Page 84 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. De’ Smith: Judicial Review of Administrative Action (1973) Excluding Ch. 1 & 2)
2. Fazal: Judicial Control of Administrative Action in India and Pakistan (1969).
3. Jain & Jain: Principles of Administrative Law (1979) Ch.2, 911&15
4. Schwartz and Wade: Legal Control of Government Ch. 9 &12
5. Davis: Administrative Law Text Ch.4
6. Brown and Garnet: French Administrative Law Ch.7 & 9

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 85 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Third
Semester

Page 86 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) - CONSTITUTIONAL & ADMINISTRATIVE LAW

SEMESTER-III
LLM S3 (07) (22) CAL: LAW AND ENVIRONMENT

COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the strong theoretical and practical issues of the


CO 1 Understand
Environmental Legal System.
Analyse the legal and policy responses to climate change,
CO 2 Analyse
including the clean power plan

CO 3 Apply the principles of sustainable development Apply

Evaluate the legal and policy frameworks for managing natural


CO 4 Evaluate
resources
Demonstrate critical thinking and problem-solving skills by
CO 5 applying legal and policy frameworks to complex Skill
environmental issues such as plastic pollution and e-waste

Page 87 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

TEACHING PEDAGOGY:
 Group Projects Method
 Lecture Method
 Seminar Method
 Class Discussions Method
 Case Study Method
 Assignments Method
 Guest Speakers Method
 Field Tours Method

UNIT - I
Environment Policy Development
1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT - II
International Law and Environmental Protection
1. Environment as a human right
1. United Nations
2. Stockholm Declaration
3. Rio Summit
4. Vienna Convention
5. Montreal Protocol
6. Earth Summit
7. UNEP
8. Trail Smelter Arbitration.
UNIT - III
National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.

Page 88 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - IV
Environmental Pollution
1. Kinds of pollution
2. Causes of factors of environmental pollution
3. Remedies under civil law and criminal law
UNIT - V
Judiciary and Environmental Regime
1. Wholesome environment
2. Principles of Common Law
3. Criminal Liability
4. Judicial Remedies
5. Judicial Activism
6. Environment and PIL.

REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications,
New Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases,
Materials and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection)
Laws, Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 89 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (08) (22) LL: PROTECTION AND ENFORCEMENT OF HUMAN


RIGHTS IN INDIA

COURSE DESCRIPTION:
Human rights were conceived rather narrowly as mere freedom from arbitrary government in the
past. It was realized later and much more so during last seventy years since the end of the
Second World War that the threats to liberty, equality and justice did not emanate from the state
alone.
Many nations of Asia and Africa came to nationhood during this period. These nations had to
bring about their development and they needed capital.
Foreign aid and foreign investments were invited but these could very well lead to their second
subjugation. Poverty, ignorance, exploitation had to be fought at the global level.
Development had to come without the sacrifice of human values. A greater awareness of human
rights, not only as negative restrictions on the state but as positive obligations for creating an
environment in which man could live with dignity was necessary.
The focus of a course on human rights must be on the national problems with an international or
global perspective.
The world community's concerns about human rights have been expressed through various
conventions.
On the national levels, they are contained in constitutional provisions such as directive principles
of state policy, fundamental rights, fundamental duties and judicial, legislative as well as
administrative strategies of reconstruction.
Human rights acquire much more comprehensive and wider meaning.
It requires us to take up cudgels against poverty discriminations based on caste, color or sex,
make provisions for drinking water, population control, conservation and preservation of natural
resources, ecological balance, protection of consumers against ruthless and profit seeking,
traders or manufacturers, provisions against hazardous industries and so on and so forth.
Human rights are an important parameter for a just society and future lawyers must be able to
assess any programme of social transformation with reference to them.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Helps to understand the threats to liberty, equality and justice


CO 1 Understand
etc..
Helps to analyse how human rights are violated due to Poverty,
CO 2 Analyse
ignorance, exploitation
CO 3 Application of Human rights is done on a global level Apply
CO 4 Evaluations of conventions, constitutional provisions is done Evaluate
CO 5 Helps to assess any programme of social transformation Skill

Page 90 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

TEACHING PEDAGOGY:
 Lecture & Discussion Method
 Socrates Method
 Problem Solving
 Concept centered approach through Seminars and Presentations
 Bloom’s Twist Method

UNIT - I
Nature And Characteristics of Human Rights
1. Meaning of Human Rights
2. Certain Definitions of Human Rights
3. Nature and Characteristics of Human Rights
4. Concept of Human Rights
Historical Perspectives of Human Rights
1. Natural Law
2. The English Experience
3. The American Experience
4. The French Experience
5. Development of Human Rights at International Level
Development Of Human Rights During the Post Second World War
1. Charter of United Nations
2. Universal Declaration of Human Rights
3. International Covenant on Civil and Political Rights
4. International Covenant on Social, Economic and Cultural Rights
5. United Nations Human Rights Commission
6. Human Rights Council
UNIT - II
Development Of Human Rights in The Constitution of India
1. Preamble of the Constitution of India
2. Human Rights content under the Constitution of India
3. Fundamental Rights: Right to Equality
Human Rights: Protection of Life and Personal Liberty
1. Introduction
2. Right to life under Article 21 of the Constitution
3. Directive Principles of State of Policy
Judicial Activism and Its Development
1. Historical Evolution of Judicial Activism
2. Meaning of Judicial Review
3. Judicial Review in U.S.A
4. Judicial Review in India
5. Democracy and Judicial Activism

Page 91 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Public Interest Litigation and Human Rights


1. Locus Standi
2. Origin and Growth the Public Interest Litigation
3. Protection of fundamental rights by the PIL in India
4. Criticism of Public Interest Litigation procedure
UNIT - III
Role Of Judiciary: Protecting the Rights
1. Writ jurisdiction under Article 32 and Article 226
2. Role of the Supreme Court in protecting the fundamental rights
3. Rights of Prisoners and Human Rights
Environmental Protection and Human Rights
1. Legislative Provisions with Regard to Environment
2. Judicial Response on Environment
The Protection of Human Rights Act, 1993
1. Important Proposals in Establishment of PHRA
2. Important Definitions under the Act.
3. National Human Rights Commission
4. State Human Rights Commission
5. National Human Rights Commissions Regulations, 1994
6. Investigation of NHRC
7. Powers of Commission Subsequent to the Enquiry
8. Limitations on Jurisdiction of the Commission
UNIT - IV
Role of National Human Rights Commission In The Protection Of Human Rights
1. Characteristics of the Commission
i. Autonomy
ii. Transparency
2. Composition of the National Human Rights Commission
3. Appointing Authority
4. Terms and Removal of the Chairperson and Other Members of the Commission:
5. Powers and Functions of the Commission
Role of State Human Rights Commission in The Protection of Human Rights
1. Constitution of State Human Rights Commission
2. Removal of a Member of the State Commission
3. Accounts and Audit of the State Commission
4. Human Rights Courts at District Level

Role Of Human Rights Commissions in Protecting the Human Rights Violations


1. Working of Human Rights Commission
2. NHRC and Compensatory Jurisprudence

Page 92 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT – V
Role of Non-Governmental Organisations in The Protection of Human Right
1. Functions of Non-Governmental Organization in the protection of human rights
2. Information Gathering, Evaluation and Dissemination
3. Advocacy to stop Abuses and Secure Redress
4. Legal Aid, Scientific Expertise and Humanitarian Assistance
5. Keeping open the Political System
6. Building Solidarity
7. Education, Concretization or Empowerment
8. Legislation to incorporate or Develop Human Rights Standards
9. Lobbying National and International Authorities
10. Amnesty International
Implementation of International Norms and Standards in India
1. Implementation of International Treaties
2. Article 21 and Universal Declaration of Human Rights
3. Right to shelter
4. Right to compensation under public law
5. Articles 14, 21, and International Conventions
6. Rights of prisoners and International Conventions.

REFERENCE BOOKS:
1. D.D. Basu; Human Rights in Indian Constitutional Law
2. B.P. Singh Seghal; Law, Judiciary and Justice in India
3. Poornima Advani: Indian judiciary – A Tribute
4. Justice Venkateramaiah: Human Rights in changing world.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 93 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (09) (22) CAL: PUBLIC AUTHORITIES: LIABILITY

COURSE DESCRIPTION:
Public utilities are government monopolies, which are services rather than commercial
enterprises. The law of public utilities is contained in the statutes of incorporation and judicial
decisions given by courts while resolving disputes between the utilities and their consumers or
employees or traders or others entering into business relations with them. In this paper a student
will study (a) government policy in regard to such utilities in general and to each utility in
particular, (b) the growth and evolution of the public utilities; (c) patters of the laws of
incorporation and (d) powers, functions and liabilities of the public utilities vis-a-vis their
employees, consumers and others. The following syllabus prepared with this perspective will be
spread over a period of one semester.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Helps to understand powers, functions and liabilities of the


CO 1 Understand
public utilities vis-a-vis their employees, consumers and others

CO 2 Analyze growth and evolution of the public utilities Analyse

Application of law of public utilities is done between the


CO 3 utilities and their consumers or employees or traders or Apply
others entering into business relations with them

CO 4 Helps to evaluate government monopolies Evaluate

Skill in resolving disputes between the utilities and their


CO 5 consumers or employees or traders or others entering into Skill
business relations with them

TEACHING PEDAGOGY:
 Blended learning
 Lecture and Discussion Method
 Reliance on research-based teaching
 Case Study approach

Page 94 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
Liability Of the State in General
1. Liability of the Administration
2. Liability in Commercial and Non-Commercial functions
i. Liability of the Government
ii. Non -Liability of the Government
3. Immunities of the Administration in suits
i. Privilege of notice
ii. Privilege to withhold documents
Liability Of the Government in Contracts
1. Pre-Constitution view
2. Constitutional Provisions for Government Contracts
i. Requirements for formation of contract
ii. A written contract necessary
iii. Executed by an authorized person
iv. Expressed in the name of President or Governor
3. Effect of non-compliance
4. Ratification of an invalid contract
5. Enforcement of liability under the contract
i. Effect of a Valid Contract
6. Estoppels and Government Contract
7. Contracts and statutory discretion
i. Articles 14, 19(1), (4) and Government contracts
8. Contracts and writs
Tortious Liability of The Government
1. Doctrine of Vicarious Liability
i. Expanding dimensions of governmental tortious liability
ii. Act of State
2. Vidhyawati to Kasturilal
i. Sovereign and Non-sovereign functions
3. Later Developments
i. Transportation
ii. Law and Order
iii. Violation of Article 21 of the constitution
iv. Government Hospitals
4. Statutory functions
i. Officials Exercising Statutory Functions
ii. Post office and Railways
iii. Municipal Bodies
iv. Statutory and Corporate bodies
5. Writs and damages for government torts

Page 95 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - II
Compensatory Form of Article
1. Relationship between Arts 19 AND 21, 22
2. Maneka Gandhi: The New Approach
3. Present view of Article 21
i. Life
ii. Personal liberty
iii. Laws
iv. Procedure
v. Onus of proof
4. Compensatory jurisprudence
i. Arrest and remedy
ii. Fair trial and procedure
iii. Speedy trial and justice
5. Long pre-trial confinement
6. Compensatory jurisprudence as remedy
i. More crimin.al courts
ii. Maximum imprisonment
iii. Right of appeal
iv. Legal aid
v. Handcuffing of under-trials
vi. Police torture
7. Prisoner’s grievances
8. Death sentence and constitutionality
i. Delayed execution of death sentence
ii. Damages
9. Extended view of Article 21
i. Quality of life
ii. Right to livelihood
iii. Slum dwellers
iv. Right to medical care
v. Right to education
vi. Sexual harassment and rape
vii. Right to privacy
viii. Ecology and environment
ix. Right to die
x. Right to health
Consumer Protection and State Accountability
1. Consumer Protection under the Indian Constitution
2. Legislative Competence to protect consumers

Page 96 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - III
Elements Of ‘Access to Information’
1. Access to information
i. Principles o. access to information
2. Position in England regarding Official secrets
i. Developments after Franks Committee
3. Access to information in U.S A
4. Access to information in Australia
5. Secrecy in Government -Practice in India
i. Presentation of document in the court
ii. Information under Right to information Act
iii. Brief study of the Act
Disclosing Of Information Under the Official Secrets Act
1. Historical Position
2. Access under Atomic Energy Act
3. Access under the Official secrets Act
i. Persons in possession of official information
ii. Persons receiving the information
iii. The disclosure of secret government information
iv. Punishment
UNIT - IV
Judicial Review of Administrative Action
1. Judicial review
i. Meaning
ii. Object
iii. Nature and scope
iv. Justifiability
v. Limitations
vi. Overriding considerations
2. Discretionary power and judicial review
3. Grounds
i. Failure to exercise discretion
a. Sub-delegation
b. Imposing fetters on discretion by self-imposed rules of policy
c. Acting under dictation
d. Non-application of mind
e. Power coupled with duty
4. Excess or abuse of discretion
i. Absence of power

Page 97 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ii. Exceeding Jurisdiction


iii. Irrelevant considerations
iv. Leaving out relevant considerations
v. Mixed considerations
vi. Mala fide
vii. Improper purpose: Collateral purpose
viii. Colourable exercise of power
ix. Unreasonableness
UNIT -V
Doctrine Of Estoppel
1. Government promise and estoppels
2. Position in USA
3. Position In U.K
4. Position in India
i. Balancing of public interests
ii. Ideal of open government as ultimate measure
iii. Traditional View
iv. Government promises and Estoppel
v. Estoppel against a statute
vi. Estoppel as a rule of Evidence
5. Privileges and Immunities under Statutes
6. Government Privilege to Secrecy
7. Privilege to Withhold Disclosure of Documents
Immunity From Statute Operation
1. Principle of promissory estoppel
2. Immunity from estoppel (promissory estoppel)
i. Promissory estoppel and Evidence Act
ii. Promissory estoppel and Constitution
3. Other privileges
Waiver Of Rights
1. Waiver is akin to estoppels
2. Waiver of Fundamental Rights
3. Waiver of Statutory Rights
4. Waiver of natural justice
5. Claim In the right of oral hearing
6. Lack of jurisdiction and ultra-virus
7. Government Contracts and Waiver
Legitimate Expectation
1. General Principle

Page 98 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. Nature and Scope


3. Object
4. Doctrine explained
5. Development
i. Development in England
ii. Development in India

REFERENCE BOOKS:
1. Jain & Jain: Principles of Administrative Law
2. De Smith: Judicial Review of Administrative Action
3. B. Schwartz: An introduction to American Administrative Law
4. H.W.R. Wade & C.F. Forsyth: Administrative Law
5. C.K. Takwani: Lectures on Administrative Law

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 99 of 197
LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Fourth
Semester

Page 100 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) - CONSTITUTIONAL & ADMINISTRATIVE LAW

SEMESTER-IV

LLM S3 (10) (22) CAL: DISSERTATION

A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.

The overriding criteria namely, institute-wide standardization, readability, conformance to


ethical norms and durability forms the core of the acceptable form of the dissertation. This
document provides a set of guidelines for the LL.M. students to prepare the dissertation to
satisfy the above-mentioned criteria.

1. GENERAL GUIDELINES:
a. Every student pursuing their LL.M. Programme in the Department of Law is
expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.

Page 101 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. BROAD AREAS OF DISSERTATION:


Students must conduct their research on a carefully chosen area from the following broad
areas:
a. Constitutional and Administrative Law
b. Corporate Law
c. Gender and Sexual Minorities
d. Gender Justice
e. Human Rights Law
f. International Criminal Law
g. International Humanitarian Laws
h. Labour Laws
i. Securities Laws
j. United Nations

3. FORMAT OF DISSERTATION :
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
 Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
 Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.
g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.

Page 102 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

h. Plagiarism: In light of the University Grants Commission (Promotion of Academic


Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018, the permissible limit of similarity shall be 10%.
The plagiarism check should start from the first page of Chapter 1 and continue
throughout the text till end.
i. The new chapter in your dissertation should always start on an odd-numbered page. If
a chapter ends on an odd-numbered page, its back side has to be kept blank.
j. The copy of the dissertation to be submitted to the University should be durable. It is
advised to use paper of 85 GSM or more.
k. The students are to submit four copies of dissertation (in soft-bound) to the
Department of Law.
l. The final evaluation will be based on the written dissertation and an open viva.
m. The Viva Panel will consist of the faculty members of the Department and one
external member, from within or outside of the University.

4. MARK DISTRIBUTION:

 Total Dissertation: 200 marks

 Viva voce:
 Mid-semester presentation: 10 marks
 Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
 Completion of the dissertation: 30 marks
 External Evaluation: 40 marks

Page 103 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Page 104 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I

1 LLM S1 (01) LOC Research Methodology CC 8 0 0 8 30 70 100


General Principles of
Criminal Law
2 LLM S1 (02) LOC CC 8 0 0 8 30 70 100
Comparative study
with England
Criminal Procedure
3 LLM S1 (03) LOC CC 8 0 0 8 30 70 100
Code, 1973
Total 24
SEMESTER II
4 LLM S2 (04) LOC Jurisprudence CC 8 0 0 8 30 70 100
Specific offense
5 LLM S2 (05) LOC Comparative Study CC 8 0 0 8 30 70 100
with England
Socio-Economic
6 LLM S2 (06) LOC CC 8 0 0 8 30 70 100
Offences
7 --- MOOCS-I CC 8 0 0 8 30 70 100
Total 32
SEMESTER III

8 LLM S3 (07) LOC Law and Environment CC 8 0 0 8 30 70 100


Offences against
9 LLM S3 (08) LOC CC 8 0 0 8 30 70 100
weaker sections
Criminology and
10 LLM S3 (09) LOC CC 8 0 0 8 30 70 100
Penology
11 --- MOOCS-II CC 8 0 0 8 30 70 100
Total 32
SEMESTER IV
12 LLM S3 (10) LOC Dissertation** 0 0 200
** Faculty workload would include 1 hr. per student guided from the third semester onwards.

Page 105 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

First
Semester

Page 106 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY


UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW
P.G. DEPARTMENT OF LEGAL STUDIES & RESEARCH
MASTER OF LAW (LL.M.) :: LAW OF CRIMES
SEMESTER-I

LLM S1 (01) (22) LOC: RESEARCH METHODOLOGY

COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the different types of Research Methodologies and


CO 1 Understand
their applications
Analyze the significance of scientific techniques in the field of
CO 2 Analyse
Legal Research
Apply basic statistical techniques and data analysis methods to
CO 3 Apply
analyse research data
Evaluate the quality of research studies published in academic
CO 4 Evaluate
journals and identify potential areas for future research
Show viable exploration & composing abilities to create an
CO 5 Skill
effective research product

TEACHING PEDAGOGY:
 Lecture Method
 Tutorial method with Learning Exercises, Assignments & Presentations
 Discussions & Breakout sessions method
 Socrates Method

Page 107 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
1. Scientific Methods
2. Science, Theory and facts
3. Objectivity, Value, Neutrality and Empiricism
4. Purpose of Social Science Research
5. Scope of legal research
6. Concepts: variables, definitions
7. Research Problem
8. Formulation of research problems
UNIT - II
1. Hypothesis
2. Hypotheses its role, definitions
3. Criteria of good hypothesis and its sources
4. Research Design
5. Forms of Research Design
6. Techniques of Research Design
7. Major steps in the preparation of Research Design
UNIT - III
1. Sampling Techniques
2. Its uses and advantages in research
3. Random sampling, simple random, stratified random, systematic random
4. Non-random, sampling hazard, availability and purpose sampling
5. Research Tools
6. Observation, Participant and non-participant observation,
7. Questionnaire
8. Schedule
9. Interview
UNIT - IV
1. Survey
2. Case Study
3. Content Analysis
4. Projective Techniques
5. Data processing and Analysis
6. Use of Statistics in the Analysis and Interpretation of Data
UNIT - V
1. Research Report

Page 108 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. Myneni S.R., 'Research Methodology' Allahabad Law Agency
2. Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3. Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4. Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5. Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6. Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 109 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (02) (22) LOC: GENERAL PRINCIPLES OF CRIMINAL LAW –


COMPARATIVE STUDY WITH ENGLAND

COURSE DESCRIPTION:
Keeping in view, the changing contours of crimes the syllabus has been framed with a view to
equip the candidates with contemporary trends. The classification of crimes and criminals as a
thorough back drop of not only a substantive criminal law of the country but also comparatively
studied with England, which try to deprive an individual of his liberty would enable the
candidates to have a better perspective. All this has been included in the syllabus.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

To Understand the difference and similarities between various


CO 1 Understand
systems administering Criminal Justice
To analyse knowledge of the theoretical and practical
international instruments for the prevention and punishment of
international and transnational crimes as well as of acts of
CO 2 Analyse
terrorism. This includes a real time analysis of the activities of
the international criminal jurisdictions: international criminal
tribunals, International Criminal Court and special courts
Apply "fundamental principles" which underlie all criminal
CO 3 Apply
justice systems
To Evaluate substantive criminal law and criminal procedure in
relation to issues such as the principles of territoriality, equality
CO 4 Evaluate
before the law including the right to a fair trial and the right to
legal representation in the civil and common law systems
comprehend the basic principles of comparative criminal law
CO 5 and analyse their working in Indian criminal justice delivery Skill
system

TEACHING PEDAGOGY:
 Lecture Method
 Tutorial method with Assignments & Presentations
 Discussions & Breakout sessions method
 Research projects

Page 110 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
1. Conception of Crime
2. Distinction between crime and other wrongs.
3. Applicability of IPC – Territorial, Personal
4. Salient features of IPC
5. Elements of Criminal Liability
6. Author of crime – national and legal person
7. Actus reas
8. Mensrea - evil intention
9. Mens rea in statutory offences
10. Mens rea – applicability in IPC
11. Vicarious liability
12. Omission
UNIT – II
1. Group liability
2. Joint liability - common intention
3. Abetment
4. Instigation, aiding, and conspiracy
5. Unlawful assembly – common object
6. Criminal conspiracy
Unit - III
1. Stages of crime
2. Guilt intention – the mere intention is not punishable
3. preparation - not punishable
4. Exemptions to preparation
5. Attempt – its scope
6. Attempt when punishable
7. Tests for determining what constitutes an attempt.
8. Impossible attempt.
UNIT - IV
1. Factors negativating guilty intention.
2. Mistake of fact
3. Infancy
4. Insanity
5. Intoxication ----- involuntary & voluntary
6. Necessity and compulsion
7. Accident
8. consent
9. Right of private defence - justification and limits

Page 111 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - V
1. Concept of punishment
2. Kinds of punishment
3. Death-Social relevance-Alternatives to capital punishment
4. Imprisonment for life
5. Imprisonment for the term - rigorous and simple
6. Fine
7. Discretion in awarding sentence
8. Theories of punishment
9. Deterrent theory
10. Preventive theory
11. Retributory theory
12. Expiatory theory
13. Reformatory theory

REFERENCE BOOKS:
1. K.D. Gour, Criminal Law – cases and materials Butterworths, India
2. Ratanlal and Dherajlal Indian Penal code
3. K.D. Gour A Textbook on The Indian Penal Code Universal Delhi.
4. P.S. Achuthan Pillai Criminal Law Eastern Lucknow
5. Kenny’s Principles of Criminal Law
6. Smith and Hogan on Criminal Law Butterworths
7. Cross and Jones Cases and Statutes on Criminal Law Butterworths
8. Cross and Jones Introduction to Criminal Law Butterworths.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 112 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (03) (22) LOC: CRIMINAL PROCEDURE CODE, 1973

COURSE DESCRIPTION:
The Code of Criminal Procedure provides the machinery for the detection of crime,
apprehension of suspected criminals, collection of evidence, determination of the guilt or
innocence of the suspected person, and the imposition of suitable punishment on the guilty. It is
further aimed at trying to provide a balance between the needs of the investigation and
adjudicatory bodies to detect crime, maintain law and order and the rights of the accused. With
the increasing complaints regarding abuse of powers of arrest by the police, custodial torture and
death, denial of bail, etc., the course particularly focuses on investigation, arrest, bail and
principles of fair trial. The provision relating to plea bargaining has been included to critically
examine its operation under the criminal law which may be oppressive unless all the
stakeholders are equally positioned.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understanding the stages in investigation and procedure


CO 1 Understand
of trial in criminal cases
CO 2 To analyze the recent amendments in the Cr. P.C. Analyse

CO 3 To apply various procedural provisions of the Code Apply

To evaluate the powers, functions, and duties of police and


CO 4 Evaluate
criminal courts
To absorb provisions of the code and to implement them
CO 5 Skill
with accuracy

TEACHING PEDAGOGY:
 Lecture Method
 Guest speakers Method
 Discussions & Breakout sessions method
 Moot Court Method

UNIT – I
1. Organization of Courts and Prosecuting Agency
2. Hierarchy of Criminal Courts and their Jurisdiction
3. Sentencing Powers of Courts
4. Territorial Division

Page 113 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

5. Preventive Measures in India


6. Aid to the Magistrate and the Police
7. Public to give information about certain offences
8. Duty of officers employed in connection with
9. the officers of a village make a certain report
UNIT - II
1. Pre-trial Procedure
2. Arrest
3. The rights of the accused
4. Investigation
5. First Information Report
6. The evidentiary value of articles/seized/collected by the Police
7. Role of the Prosecutor and the Judicial Officer in Investigation
8. Search and Seizure
9. Process to compel the appearance
10. Summons
11. Service of Summons
12. Warrant of arrest
13. Proclamation of person absconding
UNIT - III
1. Provisions as to Bail and Bond
2. Bailable offense
3. Non-Bailable offense
4. When bail may be taken in case of non-bailable offences
5. Cancellation of bail and bail bond
6. Anticipatory bail
7. Trial Procedure
8. Trial before Court of Session
9. Trial by Magistrate
10. Cases instituted on a police report
11. Cases instituted otherwise than on police report
12. Trial of Summons Cases, Summary Trial
UNIT - IV
1. Appeal
2. No appeal in certain cases
3. When the accused pleads guilty to petty offences
4. Appeals from conviction
5. Appeal for enhancement of sentence
6. Summary dismissal of the appeal

Page 114 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

7. Power of the appellate Court


8. Reference & revision
9. Reference to High Court
10. Sessions Judge’s powers of revision
11. High Court’s power of revision
UNIT - V
1. Order of maintenance of Wives Children and Parents
2. Wife’s right
3. Children’s right
4. Parent’s right
5. Enforcement of Order of maintenance
6. Procedure
7. Alteration in allowance

REFERENCE BOOKS:
1. Criminal Procedure Code 1973, D.D. Basu Code of Criminal Procedure: S 5 vols.
2. K.N. Chandrasekharan Pillai(ed).
3. S.R.V. Kelkar’s Outlines of Criminal Procedure (2000) Eastern.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 115 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Second
Semester

Page 116 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: LAW OF CRIMES


SEMESTER-II
LLM S2 (04) (22) LOC: JURISPRUDENCE

COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the major theories and schools of thought in


CO 1 Understand
jurisprudence
Analyse legal arguments and decisions from different
CO 2 Analyse
theoretical perspectives
CO 3 Apply legal theories to contemporary legal issues Apply
CO 4 Evaluate the relationship between law and morality Evaluate
CO 5 Demonstrate Legal reasoning and analysis skills Skill

TEACHING PEDAGOGY:
 Lecture Method
 Readings and Reflections method
 Guest speaker method
 Case Study Method

UNIT - I
1. Sources of Law
2. Custom
3. Precedent
4. Doctrine of ratio decidendi
5. Legislation
6. Rules of Interpretation of Statutes
7. Literal Rule
8. Golden Rule
9. Mischief Rule
10. Beneficial Rule

Page 117 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - II
1. Theories of Law
2. Natural Law School
3. Positivism
4. Hart's Concept of Law
5. Kelsen's pure theory of law
6. Modern Realism
7. American and Scandinavian Realists
8. Marxist theory of Law
9. Historical and Anthropoligical approaches
10. Sociological school
UNIT - III
1. Concept of Right and duties
2. Characteristics of a legal right
3. Legal rights in the wider sense
4. Kinds of legal rights
5. Concept of Duty
6. Functions of duty
7. Structure of duty
8. Approval and disapproval
9. Enforceability
10. Sanction
11. Conflicting duties
12. Breach of duty
UNIT - IV
1. Concept of Liability:
2. The Nature and Kinds of Liability
3. Theory of remedial liability
4. Theory of penal liability
5. Acts
6. Two classes of wrongful acts
7. Damnum Sine injuria
8. The place and time of act
9. Causation
10. Mens rea Intention Motive - Relevance and irrelevance of motive Malice Jusnecessitatis
11. Negligence
12. Duty of care
13. Standard of care
14. Degree of care
15. Theory of strict liability
16. Mistake of law and Mistake of fact
17. Vicarious Liability
18. Measure of criminal liability
19. Measure of civil liability

Page 118 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - V
1. Persons
2. Legal status of persons
3. Kinds of persons
4. Theories of corporate personality
5. Ownership and Possession
6. Development of Idea of Ownership
7. Kinds of Ownership
8. Essentials of Ownership
9. Development of concept of possession
10. Elements of possession
11. Kinds of possession
12. Distinction between ownership and possession

REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 119 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (05) (22) LOC: SPECIFIC OFFENCES – COMPARATIVE STUDY


WITH ENGLAND

COURSE DESCRIPTION:
Keeping in view, the changing contours of crimes the syllabus has been framed with a view to
equip the candidates with contemporary trends. The classification of crimes and criminals as a
thorough backdrop of not only a substantive criminal law of the country but also comparatively
studied with England, which tries to deprive an individual of his liberty would enable the
candidates to have a better perspective. All this has been included in the syllabus.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

To understand the conditions under which individuals


CO 1 should be held morally and legally responsible for their Understand
(criminal) actions
To analyze the theoretical and practical international
CO 2 instruments for the prevention and punishment of international Analyse
and transnational crimes as well as of acts of terrorism
To apply various "fundamental principles" which underlie
CO 3 Apply
all criminal justice systems
To evaluate the relationship between substantive criminal
CO 4 Evaluate
law and criminal procedure in relation to specific offences
To implement the activities of the international criminal
CO 5 jurisdictions: international criminal tribunals, International Skill
Criminal Court and special courts

TEACHING PEDAGOGY:
 Role Play Method
 Lecture Method
 Guest speaker Method
 Group Discussions Method
 Quizzes and Assignments Method

UNIT - I
1. Offences against Unlawful assembly
2. Unlawful assembly
3. Being a member of unlawful assembly
4. Rioting
5. Affray

Page 120 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - II
1. Offences against the Human body
2. Causing the death of a human being
3. Culpable homicide
4. Lawful homicide
5. Murder
6. Distinction between culpable homicide and murder
7. Situation justifying treating murder as culpable
8. homicide not amounting to Murder
9. Grave and sudden provocation
10. Exceeding right to private defense
11. Public servant exceeding legitimate use of force
12. Death in a sudden fight
13. Death caused by consent of the deceased
14. Rash and negligent act causing death
15. Hurt and grievous hurt
16. Wrongful restraint and wrongful confinement
17. Assault and criminal force
UNIT - III
1. Offences against Property.
2. Theft
3. Extortion
4. Robbery and dacoity
5. Cheating
6. Mischief
7. Criminal misappropriation and criminal breach of trust
8. Receiving stolen property
9. Criminal Trespass
10. House trespass
11. Housebreaking
UNIT - IV
1. Offences relating to documents
2. Forgery
3. Making a false document
UNIT - V
1. Defamation
2. Defamation - publication
3. exceptions to defamation

REFERENCE BOOKS:
1. K.D. Gour, Criminal Law – cases and materials Butterworths, India
2. Ratanlal and Dheerajlal Indian Penal code

Page 121 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

3. K.D. Gour A Textbook on The Indian Penal Code Universal Delhi.


4. P.S. Achuthan Pillai Criminal Law Eastern Lucknow
5. Kenny Principles of Criminal Law
6. Smith and Hogan on Criminal Law Butterworths
7. Cross and Jones Cases and Statutes on Criminal Law Butterworths
8. Cross and Jones Introduction to Criminal Law. Butterworths.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 1 2 3 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 2 2 2 2 1

CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 122 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (06) (22) LOC: SOCIO-ECONOMIC OFFENCES

COURSE DESCRIPTION:
This course provides a study on Socio-economic offences, which have an impact on the social
and economic well-being of society in large, mainly on the people who are likely to purchase
goods or services. These are non-conventional crimes that don’t involve mensrea. These crimes
have a societal impact. These are a new type of criminality, in which persons from the upper and
middle classes are involved and are committed in the course of their occupations.
Sutherland refers Socio-economic offences as white-collar crimes, while others refer them as
public welfare offences, statutory offences, strict liability offences, and so on. This type of crime
has spread to varying degrees throughout the world. The gravity of such offences is quite severe.
Though several lawmakers in India have been established who may be classified as socio-
economic legislators.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

To understand Indian Criminal Justice in relating White


CO 1 Understand
Collar Crimes.
To analyze public welfare offences, statutory offences, strict
CO 2 Analyse
liability offences.
CO 3 Apply report of Law Commission for better study. Apply
To evaluate outcomes from white-collar offences and its
CO 4 Evaluate
consequences with help of recent decisions.
CO 5 Remedies to eradicate the socio-economic offences Skill

TEACHING PEDAGOGY:
 Case Study Method
 Lecture Method
 Mock Negotiations Method
 Guest Speakers Method
 Role Paly Method

UNIT - I
1. Conceptions
2. Definition of ‘White Collar’ crimes - Sutherland’s analysis, and critique of it.
3. Applicability of white-collar crimes to Indian conditions
4. From Santhanam Committee Report to the Twenty-ninth and forty Law

Page 123 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

5. Commission of India Report; The career of the conception of socio


6. Economic offences
7. Distinction between social and economic offenses.
UNIT - II
1. Corruption
2. General conceptions of ‘corruption’, nepotism
3. Concept of corruption under IPC (Secs 161-165) and the Prevention of Corruption Act
4. Santhanam Committee analysis
5. The special legal regime
6. Investigation (under Criminal Amendments Act, 1952)
7. Sanction for prosecution (under 197 Cr. P. C., Prevention of Corruption Act)
8. The category of ‘Public servants’ liable for prosecution for corruption Offences
9. Relevant aspects of the Antulay case
10. Cause of corruption
11. Sentencing policies and patterns
UNIT - III
1. Crimes against Consumers of goods and services
2. Food adulteration
3. Drug adulteration
4. Offences relating to weights and measures
5. Pollution offences
6. Medical malpractices
UNIT - IV
1. Organized Crimes
2. Drug trafficking
3. smuggling
4. Human trafficking
5. cyber crimes
6. Terrorism
7. Money-laundering relevant provisions
UNIT - V
1. Legal regime of investigation and enforcement
2. Differentiation of in onus of proof through the presumption of guilt and Due process
problems
3. The regime of a special court
4. Group liability (associational, corporate)
5. Strict and vicarious liability
6. The quantum of punishment
7. Problems of recidivism

Page 124 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. The variety of enforcement mechanisms; specialized and general


9. Withdrawal from prosecution
10. Alternative and additional Strategies

REFERENCE BOOKS:
1. Upendra Baxi Law and Poverty critical essays
2. Upendra Baxi Liberty and corruptions Antulay case and Beyond
3. P.R. Rajagopal Violence and Response; A Critique of Indian Criminal Justice system
4. Law Commission of India
i. 154th Report on Cr P C 1973
ii. 155th Report on I P C 1860
5. Sutherland Criminology and penology

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 125 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Third
Semester

Page 126 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: LAW OF CRIMES


SEMESTER-III

LLM S3 (07) (22) LOC: LAW AND ENVIRONMENT

COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the strong theoretical and practical issues of the


CO 1 Understand
Environmental Legal System.
Analyse the legal and policy responses to climate change,
CO 2 Analyse
including the clean power plan

CO 3 Apply the principles of sustainable development Apply

Evaluate the legal and policy frameworks for managing natural


CO 4 Evaluate
resources
Demonstrate critical thinking and problem-solving skills by
CO 5 applying legal and policy frameworks to complex Skill
environmental issues such as plastic pollution and e-waste

Page 127 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

TEACHING PEDAGOGY:
 Group Projects Method
 Lecture Method
 Seminar Method
 Class Discussions Method
 Case Study Method
 Assignments Method
 Guest Speakers Method
 Field Tours Method

UNIT - I
Environment Policy Development
1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT - II
International Law and Environmental Protection
1. Environment as a human right
2. United Nations
3. Stockholm Declaration
4. Rio Summit
5. Vienna Convention
6. Montreal Protocol
7. Earth Summit
8. UNEP
9. Trail Smelter Arbitration.
UNIT - III
National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.

Page 128 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - IV
Environmental Pollution
1. Kinds of pollution
2. Causes of factors of environmental pollution
3. Remedies under civil law and criminal law
UNIT - V
Judiciary and Environmental Regime
1. Wholesome environment
2. Principles of Common Law
3. Criminal Liability
4. Judicial Remedies
5. Judicial Activism
6. Environment and PIL.

REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications,
New Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases,
Materials and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection)
Laws, Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 129 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (08) (22) LOC: OFFENCES AGAINST WEAKER SECTIONS

COURSE DESCRIPTION:
The Constitution of India which also provides that no individual shall be discriminated against
on grounds of religion, caste or sex. The problems of social inequality and class divide need to
be recognised and resolved by all available democratic measures including special legislations to
deal with particular acts constituting offences against such weaker sections of society.
`Scheduled Castes' and `Scheduled Tribes are two such identified social groups. the educational
and economic upliftment of the Weaker Sections of the people, in particular of SCs & STs and
shall protect them from injustice and all forms of exploitation. The syllabus of this course covers
the offences against the weaker sections.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

To study the downtrodden and weaker sections in the


CO 1 Understand
society and the deprivation of their social justice.
To analyze implementation of social welfare statutes among
CO 2 Analyse
the weaker sections.
Application of various statutes which are enacted for
CO 3 Apply
enlightenment of the weaker sections in the society.
CO 4 Evaluate algorithm for uplift of them Evaluate

CO 5 Eradication or prevention of atrocities Skill

TEACHING PEDAGOGY:
 Lecture Method
 Class Discussions Method
 Discussions & Breakout sessions Method
 Assignments Method

UNIT - I
1. Offences against children
2. Offences against foeticide
3. Miscarriage
4. Medical Termination of Pregnancy Act 1971
5. Pre-natal Diagnostic Act 1987

Page 130 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

6. Offences against infants


7. Infanticide (Murder- Explanation 3 of Section 299)
8. Concealment of birth
9. Exposure and abandonment of a child
UNIT - II
1. Offences against child
2. Kidnapping
3. Kidnapping a minor for purpose of begging
4. Kidnapping for ransom or murder
5. Kidnapping to subject to slaver
6. Kidnapping a child with intent to steal from its person
7. Child marriage restraint Act 1929
8. Child trafficking
9. Immoral traffic prevention Act 1956
10. Selling or buying a minor for prostitution
11. Procuration of a minor girl
12. Importation of a girl from a foreign country
13. Sexual offences against a child
14. Rape
15. Sexual relation with minor wife
16. Incest
17. Unnatural offences
UNIT - III
1. Offences against Women
2. Offences affecting the human body
3. Dowry death
4. Cruelty by husband or his relatives
5. Insulting the modesty of women
6. Assault or criminal force with intent to outrage of modesty of women
7. Eve teasing
8. Kidnapping or abducting women to compel her marriage etc.
9. Rape
10. Custodial rape
11. Marital rape
12. Offences relating to marriage
13. Fraudulent marriage
14. Bigamy
15. Adultery

Page 131 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - IV
1. Offences relating to women in other legislations
2. Immoral Traffic (Prevention) Act
3. Prohibition of indecent Representatio0n of women
4. Domestic violence
5. Sexual harassment at the workplace.
UNIT - V
1. Offences against SC and ST
2. SC & ST Atrocities Act

REFERENCE BOOKS:
1. K.D. Gour, Criminal Law – cases and materials Butterworths, India
2. Ratanlal and Dherajlal Indian Penal code
3. K.D. Gour A Textbook on The Indian Penal Code Universal Delhi.
4. P.S. Achuthan Pillai Criminal Law Eastern Lucknow

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 132 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (09) (22) LOC: CRIMINOLOGY AND PENOLOGY

COURSE DESCRIPTION:
Crime and the threat of victimization are inescapable realities of contemporary society. Crime is
so commonplace that prevention and security measures are viewed as natural and necessary
precautions in both public and private life.
A considerable and growing percentage of public resources are allocated for juvenile
delinquency prevention initiatives, law enforcement training and technology, corrections,
substance abuse treatment and numerous other aspects of criminal justice.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Helps to understand human mind and afford


CO 1 Understand
explanations to criminal behavior and reactions to crime.
Analyze numerous researches and surveys which are conducted
CO 2 all over the world to find the most suitable explanation of Analyse
criminality and criminal behavior.
To apply the contemporary measures to safeguard the
CO 3 interests of victims and the international perspectives of Apply
Criminal psychology.
To evaluate various types of Criminal Jurisprudence and
CO 4 Evaluate
punishment procedures
To identify and able to conduct research on emerging trends in
CO 5 Skill
crime and punishment

TEACHING PEDAGOGY:
 Lecture Method
 Case Law method
 Guest Lectures Method
 Discussions & Breakout Sessions Method
 Experimental Learning Method

UNIT - I
1. Dimensions of Crime in India
2. Nature and extent of crime in India
3. General approaches to crime control

Page 133 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

4. Crimes of the powerful


5. Organized crime – Smuggling, traffic in narcotics.
6. White collar crime – corruption in public life
7. Socioeconomic crime: adulteration of foods and drugs; and fraudulent trade practices.
8. Crimes in the professions – medical, legal, engineering
9. Criminality by agencies of the state
10. Perpetrators of ordinary crime
11. The situational criminal.
12. The chronic offender.
13. Criminality of women
14. Young offenders
15. Criminal gangs.
UNIT - II
1. Causes of Criminal Behavior
2. Nature of the problem: Some unscientific theories
3. The constitutional School of Criminology – Lomborso and others (heredity and mental
retardation as causes of crime)
4. Sociological theories Anomies
5. Modern sociological theories – Sutherland’s differential association theory
6. Reckless’s social vulnerable theory.
7. Economic theories and their relevance.
8. Environment – home and community influences, urban and rural crimes.
9. The ghetto, broken homes, the effect of motion pictures, T.V., and video, press, Narcotics
and alcohol.
10. Caste and community tensions: caste wards and communal riots –their causes and
demoralizing effects; atrocities against scheduled cadres.
11. Emotional disturbance and other psychological factors.
12. Multiple causation approach to crime.
UNIT - III
1. Police and the criminal justice
2. The police system
3. Structural organization of police at the center and the states.
4. Mode of recruitment and training.
5. Powers and duties of police under the police acts, Criminal Procedure Code, and other
laws.
6. Arrest, search and seizure, and constitutional imperatives.
7. Methods of the police investigation
8. Third-degree methods
9. Corruption in the police
10. Relationship between police and prosecution.

Page 134 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

11. Liability of police for custodial violence.


12. Police public relations.
13. Select aspects of the National Police Commission report
14. Punishment of Offenders
15. Some discarded modes of punishment
16. Corporal punishment: Whipping and flogging: mutilation and branding
17. Transportation
18. Public Execution
19. Punishments under the Indian Criminal Law
20. Capital punishment
21. Imprisonment
22. Fine
23. Cancellation or withdrawal of licenses
UNIT -IV
1. The Prison System:
2. Administrative organization of prisons.
3. Mode of recruitment and training.
4. The Jail Manual, Powers of prison officials.
5. Prisoners’ classification: male, female: juvenile, adult: under trial, convicted prisoners.
6. Constitutional imperatives and prison reforms
7. Prison management: prisoners’ rights and security compulsions.
8. Open prisons, Prison labour
9. Violation of the prison code and its consequences.
10. Appraisal of imprisonment as a mode of punishment.
11. Treatment of Correction of Offenders
12. The need for reformation and rehabilitation of offenders undergoing
punishment/imprisonment.
13. Classification of offenders through modern diagnostic techniques.
14. The role of psychiatrists, psychoanalysts, and social workers in the prison.
15. Vocational and religious education, and apprenticeship programmes for the offenders.
16. Group counseling and resocialization programmes.
17. Prisoners’ organizations for self-government.
18. Participation of inmates in community services.
19. An appraisal of reformative techniques.
20. Efficacy of imprisonment as a measure to combat criminality and the search for
substitutes
UNIT – V
1. Resocialization processes
2. Parole
3. Nature of parole.

Page 135 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

4. Authority for granting parole.


5. Release of the offender:
6. Problems of the released offender.
7. Attitudes of the community towards the released offender.
8. Prisoner aid societies and other voluntary organizations.
9. Governmental action.
10. An appraisal.

REFERENCE BOOKS:
1. Katherine S Williams, Text Book on Criminology (1997), Blackstone, London
2. Loveland, The Frontiers of Criminality (1995), Sweet & Maxwell.
3. Martin Wasik, Emmins on Sentencing (1998), Blackstone, London.
4. Hall, J. Law, Social Science and Criminal Theory (1992).
5. Manheim, H. Comparative Criminology: A Text Book (1965).
6. Ross, H. (Lawrence Ed.) Law and Deviance (1981).
7. Sutherland, E. and Cressy, Principles of Criminology (1978).
8. Waslker, N. crime and Criminology: A Critical INTRODUCTION (19987).
9. S. Rao, Crime in Our Society, (1983).
10. J.M. Sethna, Society and the Criminal (1980).
11. Siddique, Criminology: Problems and Perspectives (1997).
12. E. Sutherland, White Collar Crime (1949).
13. S. Kaldate, Society, Delinquent and Juvenile Courts (1982).
14. W.C.Reckless, The Prevention of Juvenile Delinquency (1972),
15. D.C. Pandey, Habitual Offenders and the law (1983).
16. D. Abrahensen, David: Crime and the Human Mind (1979).
17. Conrad, John. P.: Crime and its Correction: An international survey of Attitudes and
Practices.
18. Krishna Iyer Report on Female Prisoners (1986).
19. Mulla Committee Report, (1983).
20. P. Rajgopal, Violence and Response: A Critique of Indian Criminal Justice System
(1988).

Page 136 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2

CO 3 3 3 3 3 3

CO 4 3 2 2 2 1

CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 137 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Fourth
Semester

Page 138 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: LAW OF CRIMES


SEMESTER-IV

LLM S3 (10) (22) LOC: DISSERTATION


A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.
The overriding criteria namely, institute-wide standardization, readability, conformance to
ethical norms and durability forms the core of the acceptable form of the dissertation. This
document provides a set of guidelines for the LL.M. students to prepare the dissertation to
satisfy the above-mentioned criteria.

1. GENERAL GUIDELINES:
a. Every student pursuing their LL.M. Programme in the Department of Law is
expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.

Page 139 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. BROAD AREAS OF DISSERTATION:


Students must conduct their research on a carefully chosen area from the following broad
areas:
a. Constitutional and Administrative Law
b. Corporate Law
c. Gender and Sexual Minorities
d. Gender Justice
e. Human Rights Law
f. International Criminal Law
g. International Humanitarian Laws
h. Labour Laws
i. Securities Laws
j. United Nations
3. FORMAT OF DISSERTATION:
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
 Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
 Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.
g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.

Page 140 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

h. Plagiarism: In light of the University Grants Commission (Promotion of Academic


Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018, the permissible limit of similarity shall be 10%.
The plagiarism check should start from the first page of Chapter 1 and continue
throughout the text till end.
i. The new chapter in your dissertation should always start on an odd-numbered page. If
a chapter ends on an odd-numbered page, its back side has to be kept blank.
j. The copy of the dissertation to be submitted to the University should be durable. It is
advised to use paper of 85 GSM or more.
k. The students are to submit four copies of dissertation (in soft-bound) to the
Department of Law.
l. The final evaluation will be based on the written dissertation and an open viva.
m. The Viva Panel will consist of the faculty members of the Department and one
external member, from within or outside of the University.

4. MARK DISTRIBUTION:
 Total Dissertation: 200 marks
 Viva voce:
 Mid-semester presentation: 10 marks
 Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
 Completion of the dissertation: 30 marks
 External Evaluation: 40 marks

Page 141 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Page 142 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Total
S.No Course Code Course Name Mode L T P Credits Int Ext
Marks
SEMESTER I

1 LLM S1 (01) CSL Research Methodology CC 8 0 0 8 30 70 100

General Principles of
2 LLM S1 (02) CSL CC 8 0 0 8 30 70 100
Company Law - I

3 LLM S1 (03) CSL Company Management CC 8 0 0 8 30 70 100

Total 24
SEMESTER II

4 LLM S2 (04) CSL Jurisprudence CC 8 0 0 8 30 70 100

General Principles of
5 LLM S2 (05) CSL CC 8 0 0 8 30 70 100
Company Law - II
Administration of
6 LLM S2 (06) CSL CC 8 0 0 8 30 70 100
Company Law
7 --- MOOCS-I CC 8 0 0 8 30 70 100
Total 32
SEMESTER III

8 LLM S3 (07) CSL Law and Environment CC 8 0 0 8 30 70 100

9 LLM S3 (08) CSL Corporate Regulations CC 8 0 0 8 30 70 100

Securities Law and


10 LLM S3 (09) CSL CC 8 0 0 8 30 70 100
Investor Protection
11 --- MOOCS-II CC 8 0 0 8 30 70 100
Total 32
SEMESTER IV
12 LLM S3 (10) CSL Dissertation** 0 0 200

** Faculty workload would include 1 hr. per student guided from the third semester onwards.

Page 143 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

First
Semester

Page 144 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

ACHARYA NAGARJUNA UNIVERSITY


UNIVERSITY COLLEGE OF ARTS, COMMERCE & LAW
P.G. DEPARTMENT OF LEGAL STUDIES & RESEARCH
MASTER OF LAW (LL.M.) :: CORPORATE & SECURITIES LAW
SEMESTER-I
LLM S1 (01) (22) CSL: RESEARCH METHODOLOGY

COURSE DESCRIPTION:
Research Methodology is a course that teaches students the fundamental principles and
techniques of research. The course covers topics such as research design, data collection and
analysis, and presentation of research findings. The primary goal of this course is to help
students understand how to conduct research in a systematic, objective, and valid manner.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the different types of Research Methodologies and


CO 1 Understand
their applications
Analyze the significance of scientific techniques in the field of
CO 2 Analyse
Legal Research
Apply basic statistical techniques and data analysis methods to
CO 3 Apply
analyse research data
Evaluate the quality of research studies published in academic
CO 4 Evaluate
journals and identify potential areas for future research
Show viable exploration & composing abilities to create an
CO 5 Skill
effective research product

TEACHING PEDAGOGY:
 Lecture Method
 Tutorial method with Learning Exercises, Assignments & Presentations
 Discussions & Breakout sessions method
 Socrates Method

Page 145 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
1. Scientific Methods
2. Science, Theory and facts
3. Objectivity, Value, Neutrality and Empiricism
4. Purpose of Social Science Research
5. Scope of legal research
6. Concepts: variables, definitions
7. Research Problem
8. Formulation of research problems
UNIT - II
1. Hypothesis
2. Hypotheses its role, definitions
3. Criteria of good hypothesis and its sources
4. Research Design
5. Forms of Research Design
6. Techniques of Research Design
7. Major steps in the preparation of Research Design
UNIT - III
1. Sampling Techniques
2. Its uses and advantages in research
3. Random sampling, simple random, stratified random, systematic random
4. Non-random, sampling hazard, availability and purpose sampling
5. Research Tools
6. Observation, Participant and non-participant observation,
7. Questionnaire
8. Schedule
9. Interview
UNIT - IV
1. Survey
2. Case Study
3. Content Analysis
4. Projective Techniques
5. Data processing and Analysis
6. Use of Statistics in the Analysis and Interpretation of Data
UNIT – V
1. Research Report

Page 146 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. Myneni S.R., 'Research Methodology' Allahabad Law Agency
2. Robert Watt, 'Concise Legal Research', Universal law Publishing Co. Pvt. Ltd.,
3. Bindrawan Lal, 'Research Methodology' ABD Publishers, Jaipur, India.
4. Tiwari H.N., 'Legal Research Methodology', Allahabad Law Agency.,
5. Victor Tunkel, 'Legal Research', Universal Law Publishing Co. Pvt. Ltd.,
6. Saravanavel. P. 'Research Methodology', Kitab Mahal. Allahabad.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 1 2 3 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 2 2 2 2 1
CO 5 3 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 147 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (02) (22) CSL: GENERAL PRINCIPLES OF COMPANY LAW – I

COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes General Principles of Company Law, it is necessary to impart the fundamental aspects
of the company in view of Companies Act, 2013. Further, the significance of Corporate Social
Responsibility (CSR) and its components has been included to sensitize the students about its
importance with a case study mechanism with public and private sectors.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the key concepts, principles, structure,


CO 1 Understand
administration, management and internal affairs of the company
Familiarize with the procedures to be carried out during pre-
CO 2 Familiarize
incorporation, incorporation and winding up of companies
Demonstrate the understood on the components of CSR and its
CO 3 Apply
implementation strategies
Evaluate the features of the Insolvency and Bankruptcy Code,
CO 4 Evaluate
2016 and its applications.
Appraise/identification of issues on the implementation
CO 5 Skill
and suggest for future research scope

Teaching Pedagogy
 Lecture Method
 Flipped Classroom Method
 Group Work and Guided Learning
 Use of Technology in Classroom
 Case Study Method

UNIT - I
Evolution and History of Company Law in India and Advantages of Incorporation of
Company
1. Companies Act - Amendments in Recent Past

Page 148 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. Nature and Definition of “Company”, “Existing Company”, “Private Company”, Public


Company”.
3. Characteristics of Corporate Form and Advantages
4. Independent Corporate Existence
5. Limited Liability
6. Perpetual Succession
7. Separate Property
8. Transferable Shares
9. Capacity to sue and to be sued
10. Professional Management
11. Finances
Disadvantage of Incorporation of Company and Lifting the Corporate Veil
1. Disadvantages of Incorporation
2. High cost of formation
3. High cost of running the organization]
4. Excessive formalities and expenses
5. Widest publicity
6. Divorce control from ownership[
7. Frauds
8. Difficulty to close the company
9. Lifting the Corporate Veil
10. Lifting the Corporate Veil Under Judicial Interpretation
11. Determination of character
12. Determination of Residence for tax purpose
13. Fraud
14. Agency
15. Lifting the Corporate Veil Under Statutory Provisions
16. whether a Company is a Citizen
UNIT - II
Formation of Company – Registration and Incorporation
1. Promotion
2. Promoters
3. Registration of Company
4. Memorandum of Association
5. Contents of the Memorandum
6. Articles of Association

Page 149 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

7. Documents to be filed for Registration (Section 33)


8. Certificate of Incorporation
9. Effects of Pre-Incorporation Contracts
10. Commencement of Business
11. Commencement of Business
12. The Seal
13. Share Capital
Memorandum of Association
Definition 2. Contents of the memorandum of Association Articles of Association 1. Meaning
2. Memorandum and Articles of Association 3. Alteration of Articles 4. Alteration should be
bond fide and for the benefit of company 5. Effect of Memorandum and Articles Doctrines of
Constructive Notice and Indoor Management
UNIT – III
Prospectus
1. Definition and Meaning of Prospectus
2. Issue of Prospectus to the Public
3. Contents of a Prospectus
4. Registration of a Prospectus
5. No variation of contracts
6. Expert consent
7. Disclosures to be made
8. Shelf Prospectus and Information Memorandum
9. Deemed Prospectus
10. Statements in Prospectus
11. Liability for misstatements in Prospectus
12. Remedies for misstatements in Prospectus
13. Criminal Liability for Misstatements (S.63)
Promoters
1. Definition
2. Activities
3. Duties of Promoters
4. Position of Promoters
5. Liability for Breach of Duty of Promoters
6. Remuneration for Promotional Services
7. Promoters Liability for Misstatements in the Prospectus
8. Promoters and Pre-Incorporation Contracts
9. Ratification and the Promoters

Page 150 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Unit – IV
Shares
1. Definitions
2. Restriction for Allotment of Shares
3. Book Building Process for issue of Shares
4. Share application money
5. Notice of Allotment
6. Allotment of Share
7. Dispatch of Allotment Letters
8. Offer can be withdrawn before acceptance
9. Irregular Allotment
10. Refund of Excess application Money
11. Stock Exchange Requirements
Transfer of Shares
Definition and Object of Share Certificate 2. Estoppel as to Title 3. Estoppel as to Payment 4.
Procedure for Transfer of Shares 5. Strict Construction of Restrictions 6. Scope of Interference
where Powers Unfettered
UNIT – V
Kinds of Companies
1. Definitions
2. Private Company & Public Company
3. Company Limited by Shares & Company Limited by Guarantee
4. Unlimited Company, Holding Company & Subsidiary Company
5. Government Company, Banking Company & Foreign Company

REFERENCE BOOKS:
1. J.M. Thomson : Palmer’s Company Law
2. Gower : Principles of Modern Company Law
3. S.M. Shah : Lectures on Company Law
4. Avatar Singh – Principles of Company Law
5. Rajesh Tayal: Guide to Private Limited Companies
6. Dr. K.R. Chandratre: Transfer and Transmission of Shares

Page 151 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 3 2 2 2
CO 2 3 2 2 2 3
CO 3 3 3 3 2 3
CO 4 2 2 2 2 3
CO 5 2 3 3 2 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 152 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S1 (03) (22) CSL: COMPANY MANAGEMENT

COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialisation of this course
includes Company Management, it is necessary to impart the fundamental aspects relating to the
management of the company in view of Companies Act, 2013. Further, the significance of
Corporate Social Responsibility (CSR) and its components has been included to sensitize the
students about its importance with a case study mechanism with public and private sectors.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Directors Types - Director’s identification Number [DIN]-


CO 1 Appointment/Reappointment Qualification -Vacation of Office - Understand
Retirement
Independent Director Under the Company Law 2013 - Number of
CO 2 Independent Director -Qualification of Independent Director - Familiarize
Manner of Selection of Independent Director
Company Secretary in Practice -Appointment -Appointment
CO 3 Apply
Procedure -Responsibilities -Rights of the Company Secretary
Financial Statements - Auditors Appointment -Auditors
CO 4 Resignation - Removal of Auditors -Rights of Auditors - Rights of Evaluate
Retiring Auditors -Qualification and Disqualification of Auditors
Resolution by Circulation - Minutes and Evidence - General
Meetings - Kinds of Meetings - Law, Practice and Procedure
CO 5 relating to convening and Proceeding at General and Other Skill
Meetings - Notice, Quorum, Chairman, Proxy, Voting including
voting through electronic means.

Teaching Pedagogy
 Lecture Method
 Flipped Classroom Method
 Group Work and Guided Learning
 Use of Technology in Classroom
 Case Study Method

Page 153 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT – I
DIRCTORS
1. Directors Types
2. Director’s Identification Number [DIN]
3. Appointment/Reappointment
4. Qualification
5. Vacation of Office
6. Retirement
7. Resignation and Removal of Whole-time Directors and Manager
8. Role of Directors
9. Responsibilities of Directors
10. Powers of Directors
11. Duties of Directors
12. Loans to Directors
13. Remuneration of Directors
14. Office or Place of Profit
15. Contracts in which Directors are interested
16. Board of Directors and its Committees
UNIT – II
Independent Directors
1. Independent Director
2. Independent Director Under the Company Law 2013
3. Number of Independent Director
4. Qualification of Independent Director
5. Manner of Selection of Independent Director
6. Code of Independent Director
7. Tenure of Independent Director
8. Liability of Independent Director
9. Remuneration of Independent Director
UNIT - III
Company Secretary
1. Definition
2. Qualification
3. Company Secretary as a Key Managerial Personnel
4. Company Secretary in Practice
5. Appointment
6. Appointment Procedure
7. Responsibilities

Page 154 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. Rights of the Company Secretary


a. Additional Duties
9. Company Duties
10. Comparison in Old and New Company Law
11. Company Secretary in Corporate Governance
UNIT - IV
Accounts and Audit
1. Book of Accounts
2. Financial Statements
3. Auditors Appointment
4. Auditors Resignation
5. Removal of Auditors
6. Rights of Auditors
7. Rights of Retiring Auditors
8. Qualification and Disqualification of Auditors
9. Rights of Auditors
10. Duties of Auditors
11. Statutory Duties of Auditors
12. Liabilities of Auditors
13. Audit and Auditors Report
14. Cost Audit
15. Powers of the Central Government
16. Cost Auditors
17. Special Audit
a. Meaning of Special Audit
b. Precautions
c. Special Audit under Specific Objectives
d. Powers of the Central Government
UNIT – V
Meetings
1. Meetings of Board and Committee
2. Frequency, Convening, Proceedings, Video-conferencing of Board or Committee/s.
3. Resolution by Circulation
4. Minutes and Evidence
5. General Meetings
6. Kinds of Meetings
7. Law, Practice and Procedure relating to convening and Proceeding at General and Other
Meetings

Page 155 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. Notice, Quorum, Chairman, Proxy, Voting including voting through Electronic means.
9. Resolutions, Circulation of Members Resolution.
10. Postal Ballot, Recording, Signing and Inspection of Minutes.
11. Distribution of Powers of a Company
12. Division of Powers between Board and General Meetings
13. Acts by Directors in Excess of Authority
14. Monitoring and Management
15. Sole Selling and Buying Agents; Meaning, appointment and Reappointment, Removal.

REFERENCE BOOKS:
1. J.M. Thomson : Palmer’s Company Law
2. Gower : Principles of Modern Company Law
3. Dr. Avtar Singh : Company Law
4. Ramaiya : Guide to the Companies Act
5. J.C. Verma : Corporate Mergers, Amalgations & Take overs
6. K.R. Chandratre : Company Directors
7. A.M. Chakraborti : Company Notices, Meetings and Resolutions
8. BHARAT’S: Takeover Code
9. L.V.V. Iyer: Guide to Company Directors
10. K.S. Ravichandran: Prosecution of Directors and Officers under Company Law.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 3 2 2 2
CO 2 3 2 2 2 3
CO 3 3 3 3 2 3
CO 4 2 2 2 2 3
CO 5 2 3 3 2 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -
(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 156 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Second
Semester

Page 157 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: CORPORATE & SECURITIES LAW


SEMESTER-II
LLM S2 (04) (22) CSL: JURISPRUDENCE

COURSE DESCRIPTION:
Jurisprudence is a course that explores the philosophical and theoretical foundations of law. The
course examines different theories and schools of thought about the nature and purpose of law,
the relationship between law and morality, and the role of law in society.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the major theories and schools of thought in


CO 1 Understand
jurisprudence

Analyse legal arguments and decisions from different


CO 2 Analyse
theoretical perspectives

CO 3 Apply legal theories to contemporary legal issues Apply

CO 4 Evaluate the relationship between law and morality Evaluate

CO 5 Demonstrate Legal reasoning and analysis skills Skill

TEACHING PEDAGOGY:
 Lecture Method
 Readings and Reflections method
 Guest speaker method
 Case Study Method

UNIT - I
1. Sources of Law
2. Custom
3. Precedent
4. Doctrine of ratio decidendi

Page 158 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

5. Legislation
6. Rules of Interpretation of Statutes
7. Literal Rule
8. Golden Rule
9. Mischief Rule
10. Beneficial Rule
UNIT - II
1. Theories of Law
2. Natural Law School
3. Positivism
4. Hart's Concept of Law
5. Kelsen's pure theory of law
6. Modern Realism
7. American and Scandinavian Realists
8. Marxist theory of Law
9. Historical and Anthropoligical approaches
10. Sociological school
UNIT - III
1. Concept of Right and duties
2. Characteristics of a legal right
3. Legal rights in the wider sense
4. Kinds of legal rights
5. Concept of Duty
6. Functions of duty
7. Structure of duty
8. Approval and disapproval
9. Enforceability
10. Sanction
11. Conflicting duties
12. Breach of duty
UNIT - IV
1. Concept of Liability:
2. The Nature and Kinds of Liability
3. Theory of remedial liability
4. Theory of penal liability
5. Acts
6. Two classes of wrongful acts
7. Damnum Sine injuria

Page 159 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. The place and time of act


9. Causation
10. Mens rea Intention Motive - Relevance and irrelevance of motive Malice Jusnecessitatis
11. Negligence
12. Duty of care
13. Standard of care
14. Degree of care
15. Theory of strict liability
16. Mistake of law and Mistake of fact
17. Vicarious Liability
18. Measure of criminal liability
19. Measure of civil liability
UNIT - V
1. Persons
2. Legal status of persons
3. Kinds of persons
4. Theories of corporate personality
5. Ownership and Possession
6. Development of Idea of Ownership
7. Kinds of Ownership
8. Essentials of Ownership
9. Development of concept of possession
10. Elements of possession
11. Kinds of possession
12. Distinction between ownership and possession

REFERENCE BOOKS:
1. Jurisprudence by Dias
2. Introduction to Jurisprudence by Lloyd
3. Doctrine of Precedent by Rupert Cross
4. Law in the Making by C.K. Allen
5. Interpretation of Statutes by Maxwell
6. Nature of Judicial Process by Cardozo
7. Salmond's Jurisprudence

Page 160 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 1 2 3 2
CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 161 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (05) (22) CSL: GENERAL PRINCIPLES OF COMPANY LAW - II

COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialisation of this course
includes General Principles of Company Law, it is necessary to impart the fundamental aspects
of the company in view of Companies Act, 2013. Further, the significance of Corporate Social
Responsibility (CSR) and its components has been included to sensitize the students about its
importance with a case study mechanism with public and private sectors. This paper have a great
nexus with paper I of Semester I, this would make students understand the cardinal principles of
company law in a much broader perspective.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the key concepts, principles, structure,


CO 1 administration, management and internal affairs of the Understand
company

Familiarize with the procedures to be carried out during pre-


CO 2 Familiarize
incorporation, incorporation and winding up of companies

Demonstrate the understood on the components of CSR and


CO 3 Apply
its implementation strategies across public and private sectors

Evaluate the features of the Insolvency and Bankruptcy


CO 4 Evaluate
Code,2016 and its applications

Appraise/identification of issues on the implementation and


CO 5 Skill
suggest for future research scope

Teaching Pedagogy
 Lecture Method
 Flipped Classroom Method
 Group Work and Guided Learning
 Use of Technology in Classroom
 Case Study Method

Page 162 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
FORM OF CONTRACTS
1. Definition
2. Director’s power to sign contracts or oral consent to arbitration
3. Ultra vires contracts cannot be ratified
4. Signing contracts on behalf of the company
5. Authority to act on behalf of the company
6. Duty of those dealing with company to ascertain authority
7. “Actual authority” and “apparent” or ostensible autoritty
8. Contracts made before incorporation
9. Pre-incorporation contracts binding on persons contracting
10. Property purchased and payments made by the promoters
11. Acquiring shares before incorporation
BILL OF EXCHANGE AND PROMISSORY NOTE
1. Meaning
2. Mode of authenticating negotiable instruments on company’s behalf
3. Liability for dishonor
4. Execution of Deeds
5. Common seal dispensed with in England
6. Service of Document – on Members
7. Service of documents on company
8. Modes of service provided in this section
9. Depositories Act. 1996
10. Service of documents on Registrar
11. Notice of general meeting
12. Issued of refund orders, allotment letters/certificates and letters of offer by registered
post
13. Authentication of documents and proceedings
14. Signature of agent whether of company
UNIT - II
Registration of Charges
1. Charges on Bank Debts
a. A Pledge of Movable Requires no Registration
b. Effect of Non-Registration
c. Date of Notice of Charge

Page 163 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. Registration of charges on Properties Acquired subject to Charge


a. Register of Charges
b. Certificate of Registrar
c. Duty of Company as regards Registration and Right of Interested party
3. Modifications of Charges
4. Copy of Instrument Creating charge to be kept by Company at Registered Office
5. Company to Report Satisfaction and Procedure there after
6. Rectification of Register of Charges
7. Company’s Register of Charges
8. Inspection of Instruments Creating Charges and Register of Charges
DIVIDENDS
1. Definition and Meaning
2. Dividends not to be paid out of capital
3. Dividend only out of profits
a. Rules relating to Payment of Dividends
b. Payment of Dividend in Proportion to Amount Paid Up
c. Dividends to be paid only out of profits
d. Transfer to Reserves
4. The Companies (Transfer of Profits to Reserve) Rules, 1975
5. Unpaid dividend to be transferred to special dividend account
6. Investor Education & Protection Fund
7. Interim Dividend
8. Companies (Amendment) Act. 2000 on Interim Dividends
9. Right to Dividend on Transfer of Shares
UNIT - III
SHARE CAPITAL
1. Nominal or Authorized Capital
2. Issued Capital
3. Subscribed Capital
4. Paid-up Capital
5. Reserve Capital
6. Kinds of Share Capital (issue of share capital to be only of two kinds-S.86)
a. Equity share capital
b. Preference share capital
c. Other categories of shares
7. Alteration of capital

Page 164 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. Reduction of Capital
9. Protection of interests of creditors by the company
10. Interest of Shareholders
11. Liability of Members after Reduction
FURTHER ISSUE OF CAPITAL
1. Rights Shares of Shareholders pre-emptive right
2. Powers of Board of Directors to make rights issues
3. SEBI Guidelines on Rights issue
4. Bonus Shares
5. Impact of Bonus issue on value of shares
6. Advantages of bonus issue of shares
7. Rules relating to Bonus issue
8. SEBI guidelines on issue of Bonus Shares
9. Voting Rights
10. Voting Rights of Preference Shares holders
ISSUE OF SHARES AT PREMIUM
1. Reduction of share premium account
2. Pricing of the issue
3. Disinvestment
4. Issue at over 10% discount allowed by CLB
5. Reissue of forfeited shares
6. Issue of Shares at Discount
7. Sweat Equity Shares
UNIT – IV
DEBENTURES
1. Definition and Meaning
2. Kinds of debentures
a. Registered and bearer debentures
b. Redeemable and Irredeemable debentures
c. Convertible and Non-convertible debenture
3. Convertible debentures
4. Non-convertible debentures
5. Debentures issued as Collateral Security
6. Naked and Mortgage Debentures
7. Issues of Debentures
8. Register and Index of Debenture holders

Page 165 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

9. Distinction between debenture holders and Shareholder


10. Debenture Stock
11. Form and Inspection of Trust Deed
12. Appointment and duties of Debenture Trustees
13. Functions of Trustees
14. Companies to create debenture redemption reserve
15. Remedies of Debentures holders
BUY-BACK OF SHARES
1. Purchase by company of its own shares- The Traditional View
2. Prohibition not applicable
3. Financial Assistance in contravention
4. Companies can now buy-back their own shares
5. Declaration of Solvency
6. Physical destruction of securities
7. Further issues after buy-back
8. Register of bough back securities
9. Return of buy-back
10. Penalty
11. Transfer of money to Capital Redemption Reserve Account
12. Prohibition of buy-back in certain circumstances
13. Regulations on buy-back as approved by SEBI
14. Further issued of Capital
UNIT – V
BORROWING AND LENDING POWERS
1. Borrowing Powers
2. Power to be exercised by the Board of Directors
3. Effects of ultra vires Borrowing
a. Lender cannot Recover
b. Injunction
c. Directors Personally liable for Breach of warranty of authority
d. Subrogation
e. Identification and Tracing
4. Mortgages and Charges
a. Right to give security
5. Property on which Company cannot borrow
6. Distinction between mortgage and charge

Page 166 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

a. Transfer of Interest
b. Personal Liability
c. Default by Borrower
d. Redemption Period
7. Fixed and Floating Charge
a. Fixed or Specific Charge
b. Floating charge
c. Characteristics of a Floating Charge
d. Effect of Floating Charge
e. When a Floating Charge may Crystallize
f. Effect of Floating Charge Becoming Fixed
8. Payment of Certain debts out of assets subject to floating charge in priority to claim
under the charge
9. Distinction between fixed and floating charge
10. Registration of Charges
11. Register of Charges
12. Loan to Companies
INTER-CORPORATE LOANS AND INVESTMENTS
1. Powers of the Board of Directors for taking decision
2. Delegation of Board’s Power
3. Inter-corporate Investments
a. Meaning of ‘inter-corporate’
b. Exemption to investment companies
c. Inter-corporate Loans
4. Loan or Investment
5. Register of the Company
FOREIGN COMPANIES
1. Position in England
2. Definition
3. Provisions relating to foreign companies in India
4. Duties of the Foreign companies in India
5. Foreign Company and its world accounts
6. Prospectus of Foreign company

REFERENCE BOOKS:
1. J.M. Thomson : Palmer’s Company Law

Page 167 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. Gower : Principles of Modern Company Law


3. S.M. Shah : Lectures on Company Law
4. Avatar Singh: Principles of Company Law
5. Vijay K. Gaba : Depository participants Law and Practice
6. Rajesh Tayal : Guide to Private Limited Companies
7. N.R. Moorthy : Practical Guide to Buyback of Shares
8. Ramaiya: Guide to Companies Act.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5
CO 1 3 3 2 2 2
CO 2 3 2 2 2 3
CO 3 3 3 3 2 3
CO 4 2 2 2 2 3
CO 5 2 3 3 2 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 168 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S2 (06) (22) CSL: ADMINISTRATION OF COMPANY LAW

COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes Administration of company law, it is necessary to impart the knowledge of
administration of a company in parlance with the rules framed in view of Companies Act, 2013.
This paper makes a student understand the principles of administration of a company and
thereby becomes efficient enough to tackles the administrative issues legally rather guide the
administrative authorities of a company legally being key managerial personnel.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the key concepts of Mode of winding up and


CO 1 dissolution, Contributory, Present and past members, List of Understand
Contributories
Powers of the Liquidator, Exclusion of certain time in
CO 2 computing periods of limitation, Recommendation of joint Familiarize
Committee, Power to obtain legal assistance, Proper Books
Disclaimer of Onerous property, Avoidance of transfers of
shares and disposition of property, Avoidance of certain
CO 3 Apply
attachments, Offences by Officers, Penalty for offences
Liability for fraudulent
Investigations, Investigation on application by Member or
Report by Registrar, Changes made by Companies
CO 4 (Amendment) Act 1988, Changes made by Companies Evaluate
(Amendment) Act.1988 (Sc.236) , Investigation at Its own
Initiative.
Central Government, Company Law Board, Registrar of
CO 5 Skill
companies, Company Court, Criminal Court

TEACHING PEDAGOGY:
 Lecture Method
 Flipped Classroom Method
 Group Work and Guided Learning
 Use of Technology in Classroom
 Case Study Method

Page 169 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
CONTRIBUTORY
1. Mode of winding up
2. Winding up and dissolution
3. Contributory
4. Present and past members
5. List of Contributories
6. Liability of Director or Manager with unlimited liability
7. Liability of legal Representative as contributory
8. Liability of Liquidator of company being wound up
COMPULSORY WINDING – UP
1. Modes of winding up
2. Circumstances in which company may be wound up by the court
3. Failure to pass special resolution
4. Default in holding statutory meeting
5. Suspension of Business
6. Reduction of Members
7. No conflict between industrial disputers and companies Act
8. Complicated auctions and matters requiring investigation
9. Commercial Insolvency
10. Supreme Court’s view on disputed claims
11. Mismanagement of business by directors
12. Inability to pay debts
13. Employees claim to salary
14. Employees claim to Compensation
15. Just and equitable
CONSEQUENCES OF WINDING –UP ORDER
1. Transfer of Proceedings
2. Who May petition
3. Right to present winding-up petition when company is being wound up voluntary
4. Date of commencement of winding-up
5. Stay of proceedings before orders
6. Powers of court on hearing petition
7. Consequences of winding-up order
8. Official liquidators
9. Proceedings after winding-up order
10. Provisional Liquidator
11. Statement of affairs

Page 170 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - II
POWERS OF THE COURT (National Company Law Tribunal)
AND THE LIQUIDATOR
1. Powers of the Liquidator
2. Exclusion of certain time in computing periods of limitation
3. Recommendation of joint Committee
4. Power to obtain legal assistance
5. Proper Books
6. Accounts by its liquidator and its auditor
7. Control of Central government
8. Committee of inspection
9. General Powers of the Court
10. Power of stay winding-up
11. Settlement of list of contributories
12. Power to make calls
13. Time limit for filling claims
14. Order as to costs
15. Public Examination
16. Effects of order of dissolution
VOLUNTARY WINDING – UP
1. Enforcement of appeal from orders
2. Voluntary Winding-up
3. Members voluntary winding-up
4. Recommendation of company law committee
5. Provisions applicable to member voluntary winding-up
6. Creditors voluntary winding-up
7. Provisions applicable to every voluntary winding-up
8. Powers of liquidator in voluntary winding-up
PROVISIONS APPICABLE TO EVERY MODE OF WINDING-UP
1. Removal of liquidators
2. Arrangement when binding on company and creditors
3. Public examination of promoter Directors
4. Winding-up subject to the supervision of the court
5. Provisions applicable to every mode of winding-up
6. Proof of ranking of claims
7. Secured and unsecured creditors
8. Preferential Payments
9. Antecedent and other transactions
10. Fraudulent Preference

Page 171 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

11. Avoidance of voluntary transfers


12. Rights and Liabilities of Fraudulently Preferred persons
13. Avoidance of Floating Charge
UNIT - III
OFFENCES BY OFFICERS
1. Disclaimer of Onerous property
2. Avoidance of transfers of shares and disposition of property
3. Avoidance of certain attachments
4. Offences by Officers
5. Penalty for offences
6. Liability for fraudulent conduct of business
7. Assessment of damages against delinquent Officers
8. Liquidators Miscellaneous Powers
9. Notification of liquidation
10. Books and papers to be evidence
11. Inspection of books and papers
12. Disposal of books after dissolution
13. Audit of accounts of company in liquidation
14. Delayed tiling of statements by liquidators
15. Deposit of funds available with Official Liquidators
16. Liquidator not to pay money into private banking account
17. Companies liquidation account
18. Income tax deductions before payment into the liquidation A/c
19. Enforcement of duty of liquidators to make returns
20. Courts to have regard to wishes of creditors and contributories
21. Court where affidavit can be shown
DEFUNCT OF COMPANY WINDING-UP OF UN-REGISTERED COMPANY AND
FOREIGN COMPANY
1. Striking of defunct company
2. Simplified procedure of winging-up
3. Fast track way of Dissolving the Company
4. Liberalized procedure for striking of the names of companies
5. procedure for removal of names of defunct companies
6. Winding of unregistered company
7. Winding-up of a foreign company
8. Contributories
9. Stay of proceedings
10. General Provisions of compulsory winding up
11. Cognizance of offences under the Act

Page 172 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

12. Composition or certain offences


13. Jurisdiction to try offences
14. Summary Trial
15. Offences to be non-cognizable
16. Disposal of complaints under the Companies Act
17. Company Prosecution
18. Frivolous Complaints
19. Application of fines
20. Inspection of books when offence suspected
21. Penalty for false statement and false evidence
22. Penalty where no specific penalty provided
23. Wrongful occupation of companies’ property
UNIT - IV
INVESTIGATION
1. Investigations
2. Investigation on application by Member or Report by Registrar
3. Changes made by Companies (Amendment) Act 1988
4. Changes made by Companies (Amendment) Act.1988 (Sc.236)
5. Investigation at Its own Initiative
6. Enforcement of unsigned compromise order
7. Power of Central Government (Clause (a) (1))
8. No other Authority can order Investigation
9. Information meaning of
10. Enquiries made by shareholders regarding accounts
11. Inspectors and their powers
12. Companies (Amendment) Act,1960
13. Companies (Amendment) Act, 2000
14. Companies (Amendment) Act.1960
15. Companies (Amendment) Act, 1965
16. Companies (Amendment) Act.2000
17. Powers of Inspectors
18. Nature of Investigation proceedings and their constitutionality
19. Inspectors Report
20. Changes made by companies (Amendment) Act, 1965
21. Changes made by companies (Amendment) Act, 1988
22. Departments views
23. Powers of the Government on the basis of Inspectors Report

Page 173 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

INVESTIGATION AND INSPECTOR'S REPORT


1. Expenses of Investigation
2. Inspectors report to be evidence
3. Inspectors report is not legal decision
4. Investigation of ownership of a company
5. Investigation of ownership of shares or debentures
6. Information regarding persons having an Interest in company
7. Companies Act 1956
8. Investigation of Shares and Debentures Dealings
9. Voluntary winding up of a company etc
10. Saving for legal advisers and banker
UNIT - V
AUTHORITIES UNDER THE ACT
1. Central Government
2. Company Law Board
3. Registrar of companies
4. Company Court
5. Criminal Court
6. Tribunal
7. Constitution and powers
8. Public Trustee
9. Constitution of National Company Law Tribunal
10. Appellate Tribunal
COMPANY LAW SETTLEMENT SCHEME
1. Scheme of Company Law Settlement
2. Form-A-Declaration
3. Certificating, Granting Immunity from penalty and prosecution under the Scheme
4. Fast Track Scheme
5. Form of Indemnity
6. Form of Indemnity Bond
REVIVAL AND REHABILITATION OF SICK INDUSTRIAL COMPANIES
1. Reference to Tribunal
2. Enquiry into working of sick Industrial Companies
3. Powers of Tribunal to make order on completion of enquiry
4. Preparation and sanction of schemes
5. Rehabilitation by giving financial assistance
6. Arrangement for continuing operation etc during enquiry
7. Winding- up of the sick Industrial company
8. Operating Agency to prepare complete inventory

Page 174 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

9. Direction not to dispose assets.


10. Power of Tribunal to call for periodic Information
11. Misfeasance proceedings
12. Penalty for certain offences

REFERENCE BOOKS:
1. GOWER: Principles of Modern Company Law
2. J.M. THOMSON: Palmer’s Company Law
3. A. RAMAIYA: Guide to Companies Act.
4. S.M. SHAH: Lectures on Company Law
5. D.K. JAIN: Fast Track Scheme
6. ASHISH MAKHIJA: Guide to Company Law Settlement Scheme
7. Dr. AVTAR SINGH: Company Law
8. S.VENUGOPAL: Compounding of Offences under Company Law.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO1 PO2 PO3 PO4 PO5

CO1 3 3 2 2 2
CO2 3 2 2 2 3
CO3 3 3 3 2 3
CO4 2 2 2 2 3
CO5 2 3 3 2 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 175 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Third
Semester

Page 176 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: CORPORATE & SECURITIES LAW

SEMESTER-III
LLM S3 (07) (22) CSL: LAW AND ENVIRONMENT

COURSE DESCRIPTION:
Environmental protection and the quest for sustainable development that can meet the needs of
both present and future generations have become pressing common concerns at national &
international levels.
In past decades, national and international law has developed a wide range of sector-specific and
creative cross-cutting approaches to respond to these challenges. This course will provide a
strong theoretical and practical understanding of the environmental legal system, the frameworks
of and tools for sustainable environmental management and the complex policy issues presented
by the environmental challenges of the 21st century.
Environmental law encompasses a wide and diverse range of issues like energy, climate change,
biodiversity conservation, water and oceans, agriculture, finance and international development
and also (and especially in Australia, as one of the world's most urban nations) issues like city
planning, transport, housing and corporate social responsibility. Student will acquire the skills
and understanding needed to address the 'wicked problems' posed by environmental
sustainability challenges and be equipped to pursue a career in environmental law and
environmental policy.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Understand the strong theoretical and practical issues of the


CO 1 Understand
Environmental Legal System.

Analyse the legal and policy responses to climate change,


CO 2 Analyse
including the clean power plan

CO 3 Apply the principles of sustainable development Apply

Evaluate the legal and policy frameworks for managing natural


CO 4 Evaluate
resources
Demonstrate critical thinking and problem-solving skills by
CO 5 applying legal and policy frameworks to complex Skill
environmental issues such as plastic pollution and e-waste

Page 177 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

TEACHING PEDAGOGY:
 Group Projects Method
 Lecture Method
 Seminar Method
 Class Discussions Method
 Case Study Method
 Assignments Method
 Guest Speakers Method
 Field Tours Method

UNIT - I
Environment Policy Development
1. Meaning of Environment
2. Ancient Indian Law
3. Early Environmental legislation
4. India's Environmental Policy in 1970's - Mid 1980's
5. Liberalization and economic approach.
UNIT - II
International Law and Environmental Protection
1. Environment as a human right
2. United Nations
3. Stockholm Declaration
4. Rio Summit
5. Vienna Convention
6. Montreal Protocol
7. Earth Summit
8. UNEP
9. Trail Smelter Arbitration.
UNIT - III
National Laws and Environmental Protection
1. Constitutional perspectives
2. Legislative strategies
3. Wild life Act
4. Water Act
5. Air Act
6. Forest Act
7. The Schedule Tribes and Other Traditional Forest Dwellers Act
8. Environment Act
9. The National Environment Tribunal Act.
UNIT - IV
Environmental Pollution
1. Kinds of pollution

Page 178 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. causes of factors of environmental pollution


3. Remedies under civil law and criminal law
UNIT - V
Judiciary and Environmental Regime
1. Wholesome environment
2. Principles of Common Law
3. Criminal Liability
4. Judicial Remedies
5. Judicial Activism
6. Environment and PIL.

REFERENCE BOOKS:
1. Mohanty S.K., 'Environment and Pollution Law Manual' Universal Law Publications, New
Delhi.
2. Shyam Divan, Armin Rosencranz, 'Environmental law and Policy in India: Cases, Materials
and Statutes', Oxford University Press
3. Maheswara Swamy, N, 'Law Relating to Environmental Pollution and Protection', Asia
Law House.
4. Sahasranaman P.B., 'Law of Environment Protection' Classic Publication, Bangalore.
5. Mehta M.C., 'Commentary on Water and Air Pollution and Environment (Protection) Laws,
Delhi Law House, New Delhi.
6. Aruna Venkat, 'Environmental Law and Policy', PHI Learning Pvt. Ltd., New Delhi.

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 1 2 3 2

CO 2 3 3 3 3 2
CO 3 3 3 3 3 3
CO 4 3 2 2 2 1
CO 5 2 3 3 3 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 179 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (08) (22) CSL: CORPORATE REGULATIONS

COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes Corporate regulations, it is necessary to impart the fundamental aspects of regulatory
frameworks of the company in view of Companies Act, 2013. This paper explicitly enunciates
the aspects of regulations imposed on the companies regulated by various authorities under the
statute.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Corporation, Characteristics of Modern Corporation, Capacity


CO 1 of Companies, Corporate Regulations, Regulations through Understand
Management Compliances

Introduction of the SEBI Act, 1992; Structure of the Act;


Organization Structure of the SEBI; Powers of the SEBI;
CO 2 Familiarize
Committees of the SEBI: Purpose of SEBI: Objectives of the
SEBI

MRTP Act, 1969, Historical Background of Competition Act,


Main objectives of the Act, Competition Commission of
CO 3 Apply
India, Powers and Duties of the Commission, Functions of the
commission, Remedies under the Act
Reasons of FEMA in place of FERA; Current Account and
Capital Account Transactions; Regulation and Management of
CO 4 Foreign Exchange; Regulations relating to Exports of Goods Evaluate
and Services; Norms of exemptions from Realization and
Repatriation of Foreign Exchange; Adjudicating Authority

Definition & Characteristics of Stock Exchange, Significance


of Stock Exchange, SEBI and Stock Exchange, SEBI role on
CO 5 Corporate Governance, SEBI Directions on Corporate Skill
Governance, Introduction to NBFC, Significance of NBFC,
Role of NBFC, Classification of NBFC

Page 180 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

TEACHING PEDAGOGY:
 Lecture Method
 Flipped Classroom Method
 Group Work and Guided Learning
 Use of Technology in Classroom
 Case Study Method

UNIT - I
LEGISLATIVE REGULATION: DIRECTIVE PRINCIPLES OF STATE POLICY
1. Corporation, Characteristics of Modern Corporation
2. Capacity of Companies
3. Corporate Regulations
4. Regulations through Management Compliances
5. Legislative Regulations
a. Directive Principles of State Policy
b. Securities and Exchange Board of India Act, 1951
c. The Industries (Development and Regulation) Act, 1951
d. Competition Act, 2002
e. Insurance Regulatory Development Authority Act, 1999
f. Securities and Exchange Board of India
g. Companies Act, 2013
6. Meaning of Directive Principles of State Policy
7. Nature of DPSP
8. Aim and Objects of the DPSP
9. Over view of DPSP
10. Classifications of DPSP
11. DPSP and Gandhian Principles
12. Fundamental Rights and DPSP
13. Advantages of DPSP
UNIT - II
SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 THE INDUSTRIES
(DEVELOPMENT AND REGULATION) ACT, 1951
1. Introduction of the SEBI Act, 1992
2. Structure of the Act
3. Organization Structure of the SEBI
4. Powers of the SEBI
5. Committees of the SEBI
6. Purpose of SEBI
7. Objectives of the SEBI

Page 181 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

8. Functions of SEBI
a. Protective Functions
b. Developmental Functions
c. Regulatory Function
9. Administration
10. Definition under the Industrial Development Act, 1951
11. Objectives of the Act
12. Scope of the Act
13. Powers of the Central Government
14. Classification of the Act
15. Registration
16. Licensing
17. Investigation
18. Revocation of Registration of License
19. Taking over Management & distribution of certain commodities
20. Development Council
21. Functions of the Developmental Council
22. Central Advisory Council
23. Levy Collection Procedure
24. Powers of the Central Government under the Act
UNIT - III
COMPETITION ACT 2002 INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITYACT, 1999
1. MRTP Act, 1969
2. Historical Background of Competition Act
3. Main objectives of the Act
4. Competition Commission of India
5. Powers and Duties of the Commission
6. Functions of the commission
7. Remedies under the Act
8. The Competition (Amendment) Act, 2007
9. Competition Appellate Tribunal
10. Concept of Insurance
11. Background of the IRDA Act, 1999
12. Salient features of the Act
13. Insurance Regulatory and Development Authority
14. Scope of the IRDA
15. Organization structure of IRDA
16. Role of IRDA
17. IRDA is a regulatory body

Page 182 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

18. Mission of IRDA


19. Functions of IRDA
20. Impact of IRDA
21. Insurance Amendment Act, 2015
UNIT - IV
FOREIGN EXCHANGE MANAGEMENT ACT,1999 & RBI ACT
1. Introduction to FEMA, 1999
a. Reasons of FEMA in place of FERA
b. Current Account and Capital Account Transactions
c. Regulation and Management of Foreign Exchange
d. Regulations relating to Exports of Goods and Services
e. Norms of exemptions from Realization and Repatriation of Foreign Exchange
f. Adjudicating Authority
g. Penalties
h. Evaluation of FEMA
2. Introduction to RBI
a. R.B.I. Act. 1934
b. Historical Aspects
c. Evolution of RBI
d. Structure of the RBI
e. Objective of the RBI
f. Functions of the RBI 21
UNIT - V
SEBI GUIDELINES ON CORPORATE GOVERNANCE & NBFC PRUDENTIAL
NORMS (RBI) DIRECTIONS
1. Definition
2. Characteristics of Stock Exchange
3. Significance of Stock Exchange
4. SEBI and Stock Exchange
5. SEBI role on Corporate Governance
6. SEBI Directions on Corporate Governance
7. Introduction to NBFC
8. Significance of NBFC
9. Role of NBFC
10. Classification of NBFC
11. NBFC Prudential Norms
12. NBFC Prudential Regulations by RBI
13. RBI Directions on Prudential Norms
14. RBI Draft Directions for Acquisitions, 2015

Page 183 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

REFERENCE BOOKS:
1. M.P. JAIN: Constitutional Law
2. SEERVAI: Constitutional Law of India a Critical Commentary
3. The Industries (Development and Regulation) Act, 1951
4. S.M.DUGAR: Monopolies, Restrictive & Unfair Trade Practices Act
5. Insurance Regulatory and Development Authority Act, 1999
6. BHARAT: foreign Exchange Management Act
7. H.P.S. PAHWA: Non-Banking Financial Companies
8. BHARAT: Manual of SEBI Act, Rules, Regulations and Guidelines
9. Dr. Avtar Singh: Law of Monopolies, Restrictive and Unfair Trade Practice
10. R. Suryanarayanan & V. Varadarajan: SEBI Law, Practice and Procedure

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:


PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 3 2 2 2

CO 2 3 2 2 2 3
CO 3 3 3 3 2 3
CO 4 2 2 2 2 3
CO 5 2 3 3 2 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 184 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

LLM S3 (09) (22) CSL: SECURITIES LAW AND INVESTOR


PROTECTION

COURSE DESCRIPTION:
Corporates plays an important role in developing the economy of a country which in turn
contributes to the development of nation. As the major part of the specialization of this course
includes securities law and investor protection, it is necessary to impart the fundamental aspects
of the company in view of various securities statutes and investor protection laws.

COURSE OUTCOME (CO):


On the successful completion of the course, the student will be able to

S.No Course Outcome Level

Aim and Objectives of the Act, Definitions of the Act,


CO 1 Structure of the Act, Recognition of Stock Exchange, Understand
Corporatization and Demutualization
Maintenance of Records and Documents, Manner of Keeping
Records, Prohibition of Assignment, Delegate, Procedure of
CO 2 Familiarize
surrender of certificate of security, Procedure of creating
Pledge
SEBI Takeover (Amendment) Regulations 2011, Definition of
CO 3 Share, Non-Compete fees, Creeping Acquisition, Indirect Apply
Acquisition, Voluntary Offer
Significance of Market Making, Kinds of Market Making,
Benefits of Market Making, Market Making and Indian
CO 4 Evaluate
Financial Market, Role and Responsibilities of Market
Makers, SEBI Guidelines for Market Makers
Meaning of Broker, Regulating Bodies, Definitions under
CO 5 Skill
SEBI Rules, 1992, Registration, Stock Broker

TEACHING PEDAGOGY:
 Lecture Method
 Flipped Classroom Method
 Group Work and Guided Learning
 Use of Technology in Classroom
 Case Study Method

Page 185 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

UNIT - I
Securities Contracts (Regulation) Act, 1956; Government Securities Act, 2006 &
Depositories Act, 1996
1. Aim and Objectives of the Act
a. Definitions of the Act
b. Structure of the Act
c. Recognition of Stock Exchange
d. Corporatisation and Demutalisation
e. Powers of the Central Government
f. Delisting of Securities
g. Right to Appeal
h. Penal
2. Introduction of Government Securities Act, 2006
a. Scope of the Act
b. Regulation of Government Securities
c. Background of Depositories Act, 1996
3. Significance of the Act
4. Meaning of Depository
5. Parties
6. Eligible Depositories
7. Certificate of Commencement of Business
8. Agreement
9. Surrender of Certificate
10. Advantages
11. Penalty
UNIT - II
SEBI (DEPOSITORIES AND PARTICIPANTS) REGULATIONS, 1996; SEBI
(CUSTODIAN OF SECURITIES) REGULATIONS, 1996 & SEBI (DISCLOSURE AND
INVESTOR PROTECTION) GUIDENLIES 2000
1. Maintenance of Records and Documents
a. Manner of Keeping Records
b. Prohibition of Assignment, Delegate
c. Procedure of surrender of certificate of security
d. Procedure of creating Pledge
e. Information to the Depository
f. Role of Compliance Officer
g. Amendment to the Act, 2014
2. Introduction to SEBI (Custodian of Securities) Regulations, 1996
a. Agreement

Page 186 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

b. Internal controls
c. Maintenances of Records
d. Compliance Officer
e. Powers of the Board
f. Duties of the Custodian
g. Appointment of an Auditor
3. Introduction to SEBI (DIP) Guidelines, 2000
a. SEBI Guidelines
b. Investor Protection by SEBI
c. Amendment to SEBI (DIP) Guidelines, 2000
d. Recommendations of the Malegam Committee
SEBI Guidelines for Preferential Allotments of Shares; SEBI Guidelines for Euro Issues &
SEBI (Prohibition of Insider Trading) Regulations, 1992
1. Methods of expanding Share Capital
a. Meaning of Preferential Allotments of Shares
b. Methods of Preferential Allotments
c. Importance of Preferential Allotments
d. SEB1 Guidelines
e. Currency of Financial Instruments
f. Currency of Shareholders resolutions
g. Non-applicability of Guidelines
2. Guidelines of Euro-Issues
a. Guidelines by Government of India
b. Conditions of Euro Issues
c. Assessment of Euro Issues
d. Introduction to the Insider Trading Act
e. Definitions
f. Prohibition of Matters
g. Guilty of Persons under the Act
h. Role and Powers of SEBI
i. Duty of the Company
j. Penalty
k. Model Code
l. SEBI (Prohibition of Insider Trading) (Amendment) Regulations, 2008
UNIT - III
SEBI (SUBSTANTIAL ACQUISITION OF SHARES AND
TAKEOVERS) REGULATIONS, 1997 & FOREIGN DIRECT
INVESTMENT (FDI) FOREIGN INVESTMENT PROMOTION BOARD
1. Nature and Scope of SEB1 (Takeovers) Regulations, 1997

Page 187 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

a. SEBI Takeover (Amendment) Regulations 2011


b. Definition of Share
c. Non-Compete fees
d. Creeping Acquisition
e. Indirect Acquisition
f. Voluntary Offer
g. Buyback of Shores
h. Responsibility of Board of Directors
2. FDI in India
a. FDI Policy
b. Procedure for approval
c. Advantages of FDI
d. Disadvantages of FDI
e. Relaxation in Policies
f. Market Potential
g. Foreign Direct Investment Board
SEBI GUIDELINES FOR FOREIGN INSTITUTIONAL INVESTORS & SEBI
(FOREIGN INSTITUTIONAL INVESTORS) REGULATIONS, 1995
1. Meaning of Foreign institutional investors
a. Eligibility
b. Financial instruments
c. Entities eligible as FII
d. Areas of investment
e. Data on Foreign Institutional Investors
f. Limits of the Investment
g. Subscribe to Participatory Notes
h. Monitoring the Foreign Investment

2. Introduction
a. Classification of FPIs
b. Eligibility criteria
c. Types of Instruments
d. Regulation of FIIs
e. Investment
f. Modifications of the SEBI Regulations
UNIT - IV
SEBI GUIDELINES FOR MARKET MAKERS SEBI (Venture Capital Funds)
REGULATION, 1996
1. Introduction to Market Making
a. Concept of Market Making

Page 188 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

b. Aim and Object of the Market Making


c. Path of Market Making
d. Significance of Market Making
e. Kinds of Market Making
f. Benefits of Market Making
g. Market Making and Indian Financial Market
h. Role and Responsibilities of Market Makers
i. SEBI Guidelines for Market Makers

2. Introduction
a. Definition
b. Meaning and Scope of Venture Capital Funds
c. Structure of the Fund
d. Process of Registration under Act
e. SEBI VCF Amendment, Regulation, 2006
f. Lacunae of SEB1 Regulations
SEBI (BUYBACK OF SECURITIES) REGULATION, 1998
1. Meaning of Buy-Back Shares
2. Sources of Buy-Back Shares
3. Objectives of Buy-Back Shares
4. Significance of Buy-Back Shares
5. Conditions of Buy-Back Shares
6. Advantages
7. Disadvantages
8. Responsibility
9. Regulations under the Act, 1998
10. SEBI (Buy Back of Securities) Amendment, Regulations, 2013
SECURITIES LENDING SCHEME SEBI GUIDELINES FOR GOOD OR BAD
DELIVERIES
1. Introduction to Securities Lending
a. Significance of Stock Lending Scheme
b. Objectives of the Lending Scheme
c. Lending and Borrowing market Includes
d. Liability of Security Lending
e. SEBI and Security Lending
f. Deposit of Securities by Lender
g. Lending by Intermediary
h. Repayment of Intermediary
i. Repayment by borrower

Page 189 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

j. Recall by Lender
k. Recall by Intermediary
2. Introduction of Good and Bad Deliveries
a. Uniform Norms of Good and Bad Delivery
b. Establishment of Bad Delivery Cell
c. SEBI Guidelines on Bad Delivery
d. SEBI Guidelines
UNIT - V
SEBI (STOCK BROKERS AND SUB BROKERS), REGULATIONS, 1992 & SEBI
(REGISTRARS TO AN ISSUE AND SHARE AGENTS) REGULATIONS, 1993
1. Meaning of Broker
a. Regulating Bodies
b. Definitions under SEBI Rules, 1992
c. Registration
d. Stock Broker
e. Conditions for Certificate of Registration
f. Code of Conduct of Stock Broker
g. Sub-Broker
h. Conditions to act as Sub-Broker
i. Rights and Duties of Sub-Broker
j. Stock Broking Firms
k. SEBI Amendment Regulations, 2014
2. Definitions
a. Role of Registrar
b. Registration
c. Conditions for grant of Certificate
3. Requirement for consideration of application
4. Requirement of Capacity Adequacy
5. Responsibilities of Registrar
6. Appointment of Compliance Officer
7. Code of Conduct
8. Powers of SEBI
9. Functions of Transfer Agents
SEBI (MERCHANT BANKERS) REGULATIONS, 1992 & SEBI
(PORTFOLIO MANAGERS) REGULATIONS, 1993
1. Introduction to Merchant Banking
a. Meaning of Merchant Banking
b. Definition
c. Historical aspects of Merchant Banking

Page 190 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

d. Significance
e. Functions
2. Introduction
a. Portfolio Managers
b. Guidelines of SEBI for registration
c. Meaning of Portfolio Management
d. Parties of Portfolio Management
e. Need of Portfolio Management
f. Objectives of the Portfolio Management
g. Classification on Portfolio Investment
h. Essentials of the Portfolio Management
i. Goals of Portfolio Management
j. Functions of Portfolio Management
k. Portfolio Management Schemes
l. Portfolio Managers under SEBI Rules, 1993
m. SEBI guidelines
n. Responsibilities of the Portfolio Managers
SEBI (UNDERWRITERS) REGULATIONS 1993 & SEBI
(DEBENTURE TRUSTEES) REGULATIONS 1993
1. Merchant Banker
a. Definitions
b. Objectives of the Underwriting
c. Kinds of Underwriters
d. Conditions for Registration
e. Requirement of the Capital Adequacy
f. Obligations and Responsibilities
g. Appointment of Compliance Officer
h. Powers of the Board
i. Underwriter Commission
j. SEBI Guidelines on Under Writing
2. Introduction to Debenture Trustee
a. Qualifications of the Trustee
b. Certificate by SEBI
c. Debenture Trust Deed
d. Powers of the Debenture Trustee
e. Functions of the Debenture Trustee
f. Duties
g. Responsibilities
h. Advantages

Page 191 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

SEBI (BANKERS TO AN ISSUE) REGULATIONS, 1994; SEBI REGULATION OF


FRAUDULENT AND UNFAIR TRADE PRACTICES; & NBFC ACCEPTANCE OF
PUBLIC DEPOSITS (RBI) DIRECTIONS, 1998
1. Importance of certificate
a. Conditions of eligibility for registration
b. Certificate of permanent registration
c. Responsibilities of Banker to an Issue
d. Duty to furnish commission
e. Duties of the Banker to the Board
f. Enter into agreement with body corporate
g. Code of conduct
2. Introduction
a. Definitions
b. Prohibition of Fraudulent and Unfair Trade Practices
c. Prohibition of unfair trade Practices
3. Introduction to NBFCs
a. Difference between Banks and NBFCs
b. Kinds of NBFCs
c. Services by the NBFCs
d. Registration at RBI
e. Regulating power of RBI
f. Meaning of Deposit
g. NBFCs Acceptance of Public Deposits (RBI) Directions, 1998

REFERENCE BOOKS:
1. K.R. Chandratre: SEBI, Capital Issues & Listing in 2 Vols.
2. N. Laxman Rao: Depositories Act
3. J.C. Verma: Corporate Mergers Amalgamations & Takeovers
4. Bharat: Manual of Companies Act
5. M.R. Mayya: Investor Protection
6. Sanjiv Agarwal: Manual of Indian Capital Market
7. N.R. Moorthy: Practical Guide to Buy Back of Shares
8. Vijay K. Gaba: Depository Participants Law and Practice
9. Taxman: Public Issues & Euro Issues
10. A. Ramaiya: Companies Act
11. Public Debt Act, 1944
12. Navneet Jyoti & Rajesh Gupta: Non-Banking Financial Companies
13. RBI Publication: Statutory Guide for Non-Banking Financial Companies 28

Page 192 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MAPPING OF PROGRAM OUTCOMES WITH COURSE OUTCOMES:

PO 1 PO 2 PO 3 PO 4 PO 5

CO 1 3 3 2 2 2

CO 2 3 2 2 2 3

CO 3 3 3 3 2 3

CO 4 2 2 2 2 3

CO 5 2 3 3 2 3

LOW MEDIUM HIGH NO


Mapping Correlation
1 2 3 -

(Prerequisite readings and suggested readings will also be provided to the students in
accordance with the session plan)

Page 193 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

Fourth
Semester

Page 194 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

MASTER OF LAW (LL.M.) :: CORPORATE & SECURITIES LAW


SEMESTER-IV

LLM S3 (10) (22) CSL: DISSERTATION

A dissertation is a formal document that provides the students an opportunity to present the skills
and knowledge they have gained through the research project they organised and conducted. It
further allows students to demonstrate their skills in identifying the area of research, setting out
objectives, identifying the necessary research questions, performing a proper literature review,
devising appropriate methodology of research, analysis and interpretation of data, drawing
conclusions and suggestions for future researchers.
The overriding criteria namely, institute-wide standardization, readability, conformance to
ethical norms and durability forms the core of the acceptable form of the dissertation. This
document provides a set of guidelines for the LL.M. students to prepare the dissertation to
satisfy the above-mentioned criteria.

1. GENERAL GUIDELINES:

a. Every student pursuing their LL.M. Programme in the Department of Law is


expected to undertake a research project and submit an original written dissertation in
strict adherence to the timeline that would be announced annually.
b. Students must choose a research area of their choice and submit a brief proposal of
about one page, along with their choice of guide, to the Head of the Department, on
or before the specified date.
c. Guides will be allotted to the students, taking into due consideration the choice of the
candidate, after obtaining the consent of the guide, and subject to the number of
candidates under the supervision of the individual guide.
d. No guide can supervise more than FIVE students at any given time.
e. The students are advised to meet the guide for their guidance in the dissertation work
on a regular basis. It is the responsibility of the students to keep their guide informed
about their progress of work. The difficulties, if any, while performing research must
be reported to the guide without any delay.
f. The dissertation work of the students will be monitored by the Department of Law.
The students will have to present his/her progress before the members of the
Department in two terms.

Page 195 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

2. BROAD AREAS OF DISSERTATION:


Students must conduct their research on a carefully chosen area from the following broad
areas:
a. Constitutional and Administrative Law
b. Corporate Law
c. Gender and Sexual Minorities
d. Gender Justice
e. Human Rights Law
f. International Criminal Law
g. International Humanitarian Laws
h. Labour Laws
i. Securities Laws
j. United Nations

3. FORMAT OF DISSERTATION:
a. A dissertation should normally be between 30,000 to 35,000 words (excluding preface
and annexures)
b. The students are advised to attach one-page abstract of dissertation work in the preface
to the dissertation.
c. Formatting rules:
 Body including Bibliography, References, Index of Authorities, Appendixes,
tables - Font Style- Times New Roman, Size- 12, Alignment- Justified and
line spacing of 1.5.
 Footnotes - Font Style -Times New Roman, Size- 10, Line Spacing- 1,
Alignment- Justified.
Margin: Left margin: 3.75 cm (1 ¬Ω inch)
Other margins: 2.5 cm (1 inch).
d. Line Space: The line spacing in the text of the dissertation must be one and half line
spacing. Double line spacing shall be used while connecting two consecutive
paragraphs. Single line spacing shall be observed for abstract, quotations, declaration,
foot notes and references.
e. Citations and References: ILI, OSCOLA, or Bluebook must be followed. The mode of
citation must be uniform across the entire dissertation.
f. Quotations must be kept to a minimum and should not exceed 100 words for each
quotation.

Page 196 of 197


LL.M., Syllabus 2022-23 onwards – College of Arts, Commerce & Law, ANU

g. Page Numbering: The page numbers of the text of the dissertation should be in Indian
numerals (1,2,3,4,5…) and should be centered at the bottom of the pages. The
preface, appendixes, and bibliography to the dissertation shall be in Roman numerals.
h. Plagiarism: In light of the University Grants Commission (Promotion of Academic
Integrity and Prevention of Plagiarism in Higher Educational Institutions)
Regulations, 2018, the permissible limit of similarity shall be 10%.
The plagiarism check should start from the first page of Chapter 1 and continue
throughout the text till end.
i. The new chapter in your dissertation should always start on an odd-numbered page. If
a chapter ends on an odd-numbered page, its back side has to be kept blank.
j. The copy of the dissertation to be submitted to the University should be durable. It is
advised to use paper of 85 GSM or more.
k. The students are to submit four copies of dissertation (in soft-bound) to the
Department of Law.
l. The final evaluation will be based on the written dissertation and an open viva.
m. The Viva Panel will consist of the faculty members of the Department and one
external member, from within or outside of the University.

4. MARK DISTRIBUTION:
 Total Dissertation: 200 marks
 Viva voce:
 Mid-semester presentation: 10 marks
 Attendance: Regular consultation with the guide, discussions on the progress, carrying
out the suggestions: 20 marks
 Completion of the dissertation: 30 marks
 External Evaluation: 40 marks

* * * * *2220

Page 197 of 197

You might also like