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BA.LL.B. IV Semester Syllabus

The document outlines the revised syllabus for the BA.LL.B. (Hons) program at Devi Ahilya Vishwavidyalaya, Indore, M.P., focusing on various subjects including Political Science, History, Public International Law, Family Law (Muslim Law), Administrative Law, and optional language courses in French and Hindi. Each subject is divided into units covering key topics such as the features of different constitutions, administration of justice, international law principles, and aspects of Muslim law. The syllabus aims to provide a comprehensive understanding of legal principles and systems relevant to the study of law.

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0% found this document useful (0 votes)
38 views10 pages

BA.LL.B. IV Semester Syllabus

The document outlines the revised syllabus for the BA.LL.B. (Hons) program at Devi Ahilya Vishwavidyalaya, Indore, M.P., focusing on various subjects including Political Science, History, Public International Law, Family Law (Muslim Law), Administrative Law, and optional language courses in French and Hindi. Each subject is divided into units covering key topics such as the features of different constitutions, administration of justice, international law principles, and aspects of Muslim law. The syllabus aims to provide a comprehensive understanding of legal principles and systems relevant to the study of law.

Uploaded by

rehanzubair34
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Devi Ahilya Vishwavidyalaya, Indore, M.P.

[Link].B. (Hons) Revised Syllabus


PART-II SEMESTER - IV
Paper— I Political Science IV
Unit - I Salient features of the British Constitution
1. Executive
2. Legislature
3. Judiciary
4. Party System
Unit -Il The constitution of United States of America (U.S.A)
1. Federal Executive.
2. The President of U.S.A.
3. Legislature-Congress
4. Judiciary
5. Party System in U.S.A.
Unit - 111 The constitution of UK
1. Salient Features
2. Rights and duties of citizens
3. Federal Executive
4. Judiciary
5. Legislature

Unit - IVThe constitution of Switzerland

1. Salient Features.
2. Federal Executive.
3. Federal Legislature
4. Swiss Federal Judiciary.
5. Direct Democracy in Switzerland
Unit — V Comparative studies of various constitutions
1. Constitutional amendment in U.S.A. & Switzerland.
2. House of lords of Britain & Senate of U.S.A.
3. U.S.A. President, British Prime Minister, Indian President & Prime Minister.
Select Bibliography

l . Hood and Philips — Constitution of England.


2. A. V. Diecy — Principle of Constitution.
3. Wade and Philips — British Constitution and Administrative law.
4. Corwin — US Constitution, What it means today.
5. Mason and Benne — American Constitution 46

History—Ill
Unit — I Administration of Justice in Surat, Bombay, Madras and Calcutta .
1 Emergence of the East India Company development of authority under charters

2 Trading body to a territorial power : subsequent charters,

3. Administration of justice in Surat,

4. Administration ofjustice in Madras from 1639 to 1726


5 Administration ofjustice in Bombay 1668-1726 6
Administration ofjustice in Calcutta 1619-1726.
The Mayors Court I Charter of 1726.

2 Provisions of the charter and working ofjudicial system


3 Charter of 1753 4 Defects ofjudicial systems

Unit — Il Adalat System


1. Grant of Diwani and Execution of Diwani functions .
2. Judicial plan of 1772 and its Defects
3. New plan of 1774

4. Reorganization of adalats in 1780

5. Reforms of 1781 and The first civil code


6. Reforms in the administrations of criminal justice 51 The Regulating Act 1773

l. a) Case of Raja Nandkumar (1775) ; whether a judicial murder ?

b) The Patna case (1777-79)


c) The Cassijurah Case (1779-80)
2. Act of settlement 1781 3. Major defects

Unit — Ill Law and administration in the Supreme Court


l. Supreme Courts at Calcutta, Madras and Bombay
2. Establishment of the High Courts
3 Charter Act, 1833

4. The Indian High Courts Act 1861


5. Charter of Calcutta High Court
6. Allahabad High Court
7. The Indian High Courts Act 1911

8. The Government of India Act 1915 : other High Courts


9 Government of India Act 1935 : more high courts created
10 Jurisdiction of high courts I I Post constitutional developments — Emergence
of federalism

Unit — IV The Federal Court of India and privy council of India


I Foundation of the Federal Court, its jurisdiction and Authority of Law
2 Expansion of Jurisdiction
3. Abolition of the Federal Court
4 An Assessment
5. Privy Council
(i) Jurisdiction, Reorganization, Sui Generis body

(ii) Appeals from India


6. The Supreme Court of India 52
(i) Origin
(ii) Constitution
(iii) Jurisdiction and powers
(iv) Doctrine of precedents and the Supreme Court.
t (v) Recent changes

Unit — V Growth of Legislature, Constitutional History


1. Development of legislative authorities in India from 1861-1935 (Constitutional
Development)
2. Growth of Criminal Law
3. Growth of personal law of Hindus and Muslims
4. Influence of English Law in India
5. Prerogative writs in India
6. Racial discrimination
7. Growth ofjustice, equity and good conscience

-
Paper Ill: Public International Law

Unit-I :
International Law-definition-sources-relation with municipal lawsubjects
of international law theories as to the basis of international lawsubjects of
international law-states-individuals international organizations

Unit - 11 :
State-incidence-various types of states-recognition of states-territorial
sovereignty-state jurisdiction-civil-criminal-extradition-asylumprivileges,
immunities of foreign states-diplomatic and consular relations—
Transmission of rights and duties-state succession-territorial sovereignty
and domestic jurisdiction-doctrine of reversion
Unit - 111 :
The law of treaties-conclusion of treaties-reservations-entry in to
forcedeposit and registration invalidity of treaties-invalidity-termination
and suspension-application and effects of treaties amendments and
modifications- interpretations of treaties

Unit - IV :
International organizations-Legal personality-performance of acts in the
law - The U.N. General Assembly—Security Council—U.N.—Peace
enforcement and peacekeeping—Economic and Social Council
—International Court of Justice—Organization of Courts—
Jurisdiction

Unit — V :
Law of the Sea — Territorial Sea — Contiguous Zone Continental Shelf
— Exclusive Economic Zone — emerging issues

- Paper
IV : Family Law Il (Muslim Law)
Unit -1
Muslim Law l. Origin and development of Muslim Law, 2. Who is
Muslim, 3. Conversion to Islam, 4. Nature and history of Mohammedan
law. 5. Schools of Muslim law and sources of Muslim law.

Unit - 11
Marriage l. Kind of Marriage, (Nikah) (Muta Marriage) 2. Option of
puberty, 3. Divorce, 4. Dissolution of Marriage, 5. Marriage Act 1939, 6.
Meher (Dowry).

Unit - 111
Guardianship 1. Guardianship — elements, types 2. Maintenance-liability

Unit - IV
Will, Gift and Wakf 1. Wills, 2. Gift. 3. Doctrine of musha and preemption,
4. Wakf
Unit — V

Parentage and inheritance l. Parentage and acknowledgement 2.


Succession and Death bed transaction

Paper V : ADMINISTRATIVE LAW

Unit -1
Introduction l. Meaning, 2. Administrative Law — The Concept
definitions, nature, historical development, sources, relationship with
Constitutional law), 3. rule of law and separation of powers, 4.
Classification of administrative functions and distinction between them.
5. Droit administrative.

Unit - 11
Delegated Legislation l. Meaning and its kinds, 2. Aadministrative
directions 3. Ddistinction between delegated legislation and administrative
directions. 4. Control over delegated legislation procedural, judicial and
parliamentary control, 5. Principles of natural justice, 6. Civil services in
India.

Unit - 111
Administrative discretion 1. Judicial control of discretionary powers, 2.
Act of State, 3. Tortious liability of the State. 4. Contractual liability of the
State

Unit - IV
Government privileges in legal proceedings. l . Meaning and kinds,
Estoppel and Waiver 2. official secrets 3. right to information 4. lokpal and
lokayukt 54 5. Central Vigilance Commissions 6. Commission of inquiry.
Unit — V
Administrative Tribunals 1. Definition of Administrative Tribunals 2.
Merits, demerits, 3. Reasons of growth 4. Distinction between courts and
Tribunals 5. Public corporation - classification characteristics, controls,
formation 6. Remedies - Constitutional and ordinary.
Devi Ahilya M.P.
OPTIONAL Paper -VI Language - 1 (French)
Unit —I Introduction
1. Introduction to French language. 2. Introduction to Alphabets and accent marks. 3.
Numbers (cardinal / Ordinal) 4. Days of the week. 5. Articles
(Definite/lndefinite)
Unit - 11 Verbs
\1. Introduction to the Group of Verbs 2. I st Group of Verbs 3. Irregular Verbs 4.
Months of the year 5. Genders

Unit — Ill Parts of Speech


l. 2nd Group of Verbs 2. Professions in French 3. Sentence Formation. 4.
Interrogatives 5. Parts of speech (Plurals, Adjectives)
Unit — IV Preposition
l. 3rd Groups of Verbs. 2. Nationalities in French 3. Preposition 4. Geography of
France 47
Unit — V Miscellaneous
1. Small Essays 2. Unseen Passage 3. Translation in English 4. Translation in French
5. General Question.
Devi Ahilya Vishwavidyalaya, Indore, M.P.
[Link].B. (Hons) Revised Syllabus
PART-II SEMESTER - IV
Paper — VI (Optional-B) Language - I (Hindi)
Unit - I

5. Q-Tr-
q-r,

Unit - 11

Unit - 111

Unit - IV

Unit -V
Devi Ahilya M.P.

Common questions

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British constitutional principles have significantly influenced India's legal system, particularly seen in the legislative framework and administrative law. The introduction of constitutional amendments and procedural innovations in India, such as the parliamentary form of governance, mirrored British principles . Additionally, administrative law in India, shaped by principles of rule of law and separation of powers, reflects British administrative law's influence, seen in the development and control of delegated legislation and the administrative discretion system . These elements underscore the foundational impact of British legal structures on shaping India's modern governance and legal frameworks.

In the United States, the judiciary is a robust federal system with the Supreme Court at the apex, serving as the ultimate arbiter of constitutional interpretation . In Switzerland, however, the federal judiciary is decentralized, with the Federal Supreme Court acting as the highest judicial authority, but cantonal courts also playing significant roles, which reflects a more cooperative federal approach . These differences highlight the US system's emphasis on centralized judicial authority as opposed to Switzerland's distributed judicial power, reinforcing its emphasis on local autonomy within the framework of federalism.

The administration of justice in British colonial India faced significant challenges, including legal discrepancies and judicial inefficiencies due to fragmented legal systems among presidencies like Bombay, Madras, and Calcutta . Reforms such as the creation of Mayors' Courts under the Charter of 1726 and subsequent Charters aimed to streamline legal procedures . Further developments like the Regulating Act of 1773 attempted to address corruption and judicial inconsistencies, while establishing Supreme Courts in these presidencies provided centralized judicial authority . These measures sought to unify the justice system under more coherent and standardized legal frameworks.

The Swiss Federal Judicial system, characterized by its federal and decentralized structure, plays a vital role in resolving social conflicts and upholding legal consistency across diverse cantons . With cantonal courts addressing local issues and the Federal Supreme Court offering a unified national legal framework, Switzerland ensures decisions cater to local contexts while maintaining overarching legal standards. This balance allows Switzerland to effectively resolve conflicts by combining local sensitivity with national coherence, which is crucial for maintaining peace and legal uniformity in a diverse federative structure.

Switzerland's practices of direct democracy, including referendums and initiatives, illustrate both the strengths and challenges of participatory governance. A major strength is the increased political engagement and legitimacy conferred on legislation through citizens' direct involvement . However, challenges include potential decision-making slowdowns and the complexity of issues that may require more informed deliberation than the average voter can provide . This highlights the balance needed between fostering engagement and ensuring effective, knowledgeable decision-making within participatory governance frameworks.

Switzerland's direct democracy allows citizens to participate in decision-making through mechanisms like referendums and initiatives, enabling them to directly influence legislation and constitutional amendments . This approach contrasts with the United States' representative democracy, where citizens elect representatives to make policy decisions on their behalf, encapsulating a system based on elected officials reflecting constituents' views . These differing democratic principles illustrate how Switzerland empowers citizens with direct control over political decisions, while the U.S. emphasizes representative governance.

The party system plays a crucial role in both the UK and US political structures, but in different ways. In the UK, the party system is integral to the parliamentary system, where the Prime Minister is the leader of the majority party in the House of Commons, and the government's stability relies heavily on party cohesion and discipline . In the US, the two-party system influences the checks and balances inherent in its federal system, with parties often controlling separate branches of government, promoting a dynamic of negotiation and compromise . These systems underscore how each country's political structure and governance are formulated around and adapted to their respective party systems.

Prerogative Writs, introduced to India under British rule, have significantly shaped administrative law and individual rights by providing judicial remedies against unlawful governmental actions . Writs like habeas corpus, mandamus, and quo warranto helped safeguard individual freedoms and enforced the accountability of authorities by offering legal recourse for citizens whose rights were infringed . This system entrenched the rule of law in administrative functions and laid foundational structures for contemporary protective legal mechanisms in India's constitutional framework.

The Indian High Courts Act of 1861 had profound implications for India's legal and constitutional development by replacing Supreme Courts and Sadar Adalats with High Courts, thereby creating a more unified judicial structure . This reform was pivotal in establishing judicial independence and standardizing legal processes across presidencies, fostering a more consistent rule of law. It also paved the way for enhanced legal education and professional development among Indian lawyers, significantly influencing both colonial administration and the eventual framing of an independent judicial system post-independence.

The executive branch in the United States is led by the President, who serves as both the head of state and government, reflecting the country's federal constitutional framework with a separation of powers . In contrast, the United Kingdom's executive is headed by the Prime Minister, who is the head of government, while the monarch serves as the ceremonial head of state. This setup is reflective of the UK's parliamentary system where the executive is drawn from the legislature, specifically under a constitutional monarchy . These structures show how the U.S. embodies a distinct separation of powers, whereas the U.K.'s system reflects integrated powers within a parliamentary regime.

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