II SEMESTER 3.5.

Personal liability of agent

PAPER-2.1 3.6. Relations of principal with
CONTRACTS-II (Special third-parties
Contracts) 3.7. Termination of agency.
Unit-1. Indemnity and guarantee: Unit-4. Contract of sale of goods
1.1. Indemnity and guarantee (The Indian Sale of Goods Act,
(Sec.124, 127) Indian Contract Act, 1930).
1872 4.1. Formation of Contract
1.2. Contract of indemnity 4.2. Subject matter of Contract of
A. Definition Sale
B. Rights of indemnity holder 4.3. Conditions and Warrantees
C. Liability of indemnifier. 4.4. Express and Implied condition
1.3. Contract of guarantee sand Warranties
A. Definition 4.5. Caveat Emptor
B. Essential characteristics of 4.6. Property, Possession and Risk
contract of guarantee 4.7. Passing of Property
C. Distinction between contract of 4.8. Sale of non-owners
indemnity and contract of guarantee 4.9. Delivery of goods
D. Kinds of guarantee 4.10. Rights and duties of seller and
E. Rights and liabilities of surety buyer before and after sale.
F. Discharge of surety 4.11. Rights of unpaid seller.
G. Contract of Bailment and
(Sec.148-181ofIndian Contract Act, Unit-5. Contracts of partnership
1872). (The Indian Partnership Act,
Unit-2. Bailment 1932).
2.1. Definition 5.1. Definition and nature of
2.2. Essential requisites of bailment Partnership
2.3. Kinds of bailment 5.2. Formation of Partnership
2.4. Rights and duties of bailor and 5.3. Test of Partnership
bailee 5.4. Partnership and other
2.5. Termination of bailment Associations
2.6. Pledge 5.5. Registration of Firms
A. Definition 5.6. Effect of non-registration
B. Rights and duties of pawnor and 5.7. Relation of Partners
Pawnee 5.8. Rightsand Duties of Partners
C. Pledge by Non-Owners. 5.9. Properties of the Firm
Unit-3. Contract of Agency 5.10. Relation of Partners to third-
(Sec.182-238 of the Indian parties
Contract Act, 1872) 5.11. Implied authority of a partner
3.1. Definition of agent 5.12. Kinds of Partners
3.2. Creation of agency 5.13. Minor as Partners
3.3. Rights and Duties of agent 5.14. Reconstitution of a Firm
3.4. Delegation of authority 5.15. Dissolution of firm.
Unit-6. Negotiable Instruments 2.4. Governor and State
Act, 1881: Government-Constitutional
Relationship
PAPER-2.2 2.5. Legislative Process-Privileges,
CONSTITUTIONAL LAW-II freedom of speech, Practice of law
Unit-1 Federalism: making etc.
1.1. Federalism-Principles- 2.6. Legislative Privileges v.
Comparative study of other Fundamental [Link].143 of
Federations. the Constitution of India.
Why India has a Federal 2.7. Prime Minister-Cabinet System
Government. Collective responsibility Individual
1.2. Indian Federalism-President of responsibility, President-
India-Council of state Prime minister relationship.
Process of Constitutional 2.8. Party system-Anti–defection
Amendment. Identification of law. Freedom of an M.P./M.L.A. to
Federal features. dissent
1.3. Legislative relations between Unit-3. Constitutional process of
the Centre and the State adaptation and alteration:
1.4. Administrative Relations-Centre 3.1. Methods of Constitutional
States. Amendments-Written-Unwritten,
1.5. Financial Relations-centre-states Rigid-Flexible
1.6. Governor’s position from the Constitutions Provisions which can
Perspective of Federalism. be amended by ordinary procedure,
1.7. Centre’s Powers over the States- special procedure, Review of
Art.356. Constitutional Amendments.
1.8. J&K-Special status. 3.2. Limitations upon Constitutional
1.9. Critical problems of Indian amendments Shankari Prasad,
Federalism. Sarkaria Commission- Sajjari Singh.
Greater Autonomy v. Central 3.3. [Link]-Why should
Control. One party domination. federal Rights be immune from the
Emergence of Political Federalism. process of Constitutional
Growth of Regional Parties. Amendment.
Unit-2. Parliamentary 3.4. Basic structure doctrine as a
government: limitation- Kesavanandha Bharathi.
2.1. West Minister Model-Indian 3.5. Development of the Basic
experience before independence- Structure Doctrine. Constituent
Choice of Parliamentary Power of the Supreme Court.
Government Vaman [Link] Mills.
2.2. President of India-Election, 3.6. Indira Gandhi v. RajNarain;
Qualifications, Impeachment, salary Judicial Consensus on Basic
2.3. Council of Ministers-President’s structure Doctrine.
constitutional position. 3.7. Legislative and Judicial
Attempts to bury the Basic structure
doctrine; Legitimation of the Basic 6.4. Judges, Appointments,
Structure Doctrine. Conditions of service etc.
Special Bench to Reconsider the 6.5. Subordinate Judiciary.
Basic Structure Issue. Forty second 6.6. Jurisdiction of Supreme Court
Constitutional Amendment. Forty and High-court.
fourth Constitutional 6.7. Advisory Jurisdiction of the
Amendment. Supreme Court.
3.8. Minerva Mills and subsequent 6.8. Public interest Litigation.
developmentsoftheBasicStructureDo SUGGESTED READINGS:
ctrine. 1. Basu .D.D-Commentary on the
Responsibility ofthe Court; Activism Constitution of India.
v. Restraint. 2. Hidayatullah.M (Ed)-
Unit-4. Emergency: Constitutional Law of India
4.1. Emergency need for such a 3. Seervai.H.M- Constitution of
provision. India.
Types of Emergencies, Experience 4. Austin.G–Indian Constitution
in other democracies. Acornerstone of a Nation.
4.2. Proclamation of emergency- 5. Banerjee.A.C –Constitutional
conditions-Art. 352-Effect of History of India.
Emergency on Centre-State 6. Khanna.H.R–Making of India’s
Relations. Constitution
4.3. Emergency and suspension of 7. ShivaRao.B–Framing of India’s
Fundamental Rights Arts. 358, 359- Constitution.
Makhan SinghTarasikha to A.D.M. 8. Jain.M.P–Indian Constitutional
Jabalpore. Law.
4.4. Financial emergency. Relevant volumes of the Annual
Unit-5. Services under the survey published by Indian Institute.
constitution.
5.1. Doctrine of Pleasure (Art.310) PAPER-2.3
5.2. Protection against Arbitrary ENVIRONMENTAL LAW
Dismissal, (Including Wild Life Protection
Removal or Reduction in Rank Act)
(Art.311) Unit-1. The meaning of
5.3. Tulsi ram patel-Exceptions to environment and pollution:
Art.311. 1.1. Definition, as defined in the
Unit-6. Judicial process sunder the Environment Protection Act: 1986
constitution. Sec.2 (a); “Pollution” as defined in
6.1. Judicial Review-Art.32, 226, the same Act, Sec 2(a), (b), (c), (d),
227. (e); and in the water (Prevention
6.2. Nature of JudicialReview. and Control of Pollution) Act,
6.3. Court system in India: 1974. “Forests”, as defined in the
Backlogs, Arrears, Alternatives, Indian Forest Act, 1927, and the
LokAdalats, etc. Forest conservation Act, 1980.
The intended meaning of data by the Boards of Ministry,
environment in Constitution, concerning: a) Hazardous material,
Articles 15(2) (b), 24, 39 (a), (b), b) Endangering industries, c) Levels
(c), (e), (f), 47, 48A, 49. of pollution; and d) Types of safety
1.2. Causative factors of Pollution. measures available and
Unit-2. Subject matter of Implemented.
environmental laws: 4.4. Laws relating to the role of the
Unit-3. Types and functions of lower courts (including the Forest
environmental laws Courts).
3.1. Primary Protective Laws Unit-5. Tertiary laws:
3.1.1. For human - beings: Laws 5.1. Constitutional provisions
pertaining to: (a) Water (b) Air, (c) concerning inter-state relations that
Noise, (d) Nuclear radiation, concern acquisition, regulation and
(e) Toxic substances. distribution natural resources,
3.1.2. For non-human beings: Laws (Water, Forests, Mines, Oil) (with
pertaining to: (a) Wildlife (b) special emphasisonArt. 14, 19, 31-
Marine life, (c) Forests, (d) Minor- A, 31-B, 31-39 (b) & (c); Union list;
forests, e) restrictions on 6, 52, 56, 57. State list: 17, 18, 21,
trade. 23. Concurrent List: 17, 17-A, 17-B,
3.2. Primary planning laws: 18, 20, and Ninth Schedule.
3.2.1. For production: Laws 5.2. Constitutiona lprovisions: The
pertaining to: (a) Land use (b) Constitution of India Art.14, 15,
Irrigation, (c) Industries, (d) Mining, 2(b), 19(e), 21, 31-c, 32, 38, 39, 32,
(e) Grazing-land, (f) Catchments 37, 48-A, 49, 51, 51-A (g).
areas, (g) Wet land, (h) Estuaries. Unit-6.
3.2.2. For distribution: Laws International parameters of
pertaining to: (a)Land ceiling (b) environment:
Town planning/zoning, (c)Slums, 6.1. Stockholm Declaration and its
(d) Housing, (e) Recreational areas, impact.
(f) Parks, (g) Sanctuaries, 6.2. Rio Summit
(h) Biospheres. 6.3. United Nations Environmental
Unit-4. Secondary laws: Programme (UNEP).
4.1. Pertaining to the administration 6.4. State responsibility for
and functioning of Pollution Control environmental pollution
Boards; Water Boards; the Factories 6.5. North-South Perspective.
Acts, Forest Act Land Reform and Unit-7. Legal strategies regulation
Development Acts, industries Act, 7.1. Deterrence through criminal
etc. liability, strict liability, Absolute
4.2. Laws relating to the Liability and Vicarious liability.
administration within the Ministry of 7.2. Principles of calculating
Environment and forest. penalties and economic sanctions
4.3. Laws relating to the collection, against offenders.
dissemination and publication of
7.3. Principles and methods of 2.2. What is Theory? Difference
standardization. between theory; hypothesis;
7.4. conjecture; and opinions.
7.5. Managerial Unit-3. What is a Norm?
7.5.1. Principles oftortuous liability 3.1. Difference between maxims,
7.5.2. Estoppel rules, principles and customary rules
7.5.3. Strategies of incentives, 3.2. Differences between Primary
through non-taxation, deductions Rules and Secondary Rules.
etc. 3.3. What is a Normative System?
7.5.4. Methods of recovery through Unit-4. Concept of Law; Its
insurances, sureties, bonds etc. difference with laws of natural
7.6. Environmental courts/Tribunals science, Social sciences, statistics,
Unit-8. Rights in common law: history
8.1. Basis of occupancy, usufruct 4.1. Laws on obligation
and group or collective rights of Unit-5. Why are Laws obligatory?
indigenous communities in national 5.1. Define and discuss the
and international laws. following legal concepts: liability,
Unit-9. obligation, sanction, coercion,
Natural rights theories and its compulsion, duty, estoppel, promise,
advocacy in environment related Dharma with case material
issues: 5.2. Contractarian Theories:
9.1. Right to life. General-will theories and Free-will
9.2. Right to livelihood theories and Autonomous theories
9.3. Right to reside particularly Positivist theories
9.4. Right to development connected development of Austin
9.5. The rights of future generations onwards: Reference to Dworkin;
Unit-10. Multinational corporate Rawlsand Marxian terms of the
liabilities: Doctrine of with erring away of
In the legal responsibilities of state, including Transcendental
multinational funding agencies. Theories.
Unit-11. Judicial activism and 5.3. Whom does the law obligate?
environment: Personality; people; state-with
particular reference to Directive
PAPER-2.4 Principles of State Policy; locus-
JURISPRUENCE standi, Randhir Singh, Golaknath
Unit-1. and other relevant cases.
Need to study Jurisprudence; Its [Link] of Authority
relationship with political; power 6.1. Types of authority;legislative,
structures and just society. judicial and customary-their binding
Unit-2. What is a Concept? nature.
2.1. Concept; Ideas and Notions 6.2. Bindingness with regard to
Precedent. Determination of ratio
and Methods of Wanbaugh,
Salmond, Good Hart, Simpson’s 1829). Maneka Gandhi [Link] of
approach in Jacob’s case. Also the India (19782 SCR 621).
studying factors of Ilewlyn Unit-8. The Functions of Law
(information to be provided that 8.1. Law as the upholder of the
there is no distinction between moral order in the society
making and declaring, basing on 8.2. Concept of Dharmaand
Gestault psychology. (Ref: Peter connection between Law and
Brett) Morality
Unit-7. Limits on Legislative 8.3. Law for bringing efficiency and
Authority social stability; the utilitarian views
7.1. Positivist View that there are no 8.4. The differences between the
limits. Discuss with reference to ends of a legal order, a political
Austin, order and a religious order. Are they
Kelsen, Golaknath and D.C interchangeable? Can one replace
Wadhwa’scase. another? Issue concerning the
7.2. Natural Law view that the limits dialectics of law
are defined by principles of morality 8.5. Law as a means of Social
or natural justice; the legislation, Control
from whatever source, must be in 8.6. Law as Volksgeist
accordance with such principles.
Discuss with reference to Aquinas, PAPER-2.5
Finnis. ADMINISTRATIVE LAW
7.3. The Rationalists view that the Unit-1. Evolution, Nature and
limits are set by rational principles Scope of Administrative Law
of justice Discuss with reference to 1.1. From a Laissez Faire to a Social
Kant, Rawls. Welfare State; state as regulator of
7.4. The Basic Structure Doctrine- private interest; State as provider of
that the limits are set by the Basic services; other functions of Modern
structure of the Constitution or the State; Relief; Welfare.
law itself; any legislation contrary to 1.2. Evolution of Administration as
the basic structure is non-law (ref: the fourth branch of government;
Kesavananda Bharathi’s case) Necessity for delegation of powers
7.5. Define and discuss the basic on administration
legal Concept of Reasonableness 1.3. Evolution of agencies and
with reference to Indian cases: procedures for settlement of disputes
State of Madras [Link] (1952 between individual and
SC 196). Dwaraka Prasad Laxmi administration
Narayan [Link] of U.P (AIR 1954 1.3.1. Regulatory Agencies in the
SC 224). Krishanchanda Arora v. United States
Commissioner of Police (19613 SCR 1.3.2. Conseil D’Estate of France
135). Hardhan Shah v. State of West 1.3.3. Tribunalization in England
Bengal (19753 SCC 198). Air India and India
[Link] Meerza (AIR 1987 SC
1.4. Relationship between 3.3.1. Consultation of affected
Constitutional Law and interests and public participation in
Administrative Law and Public decision making
Administration 3.3.2. Publication of delegated
1.5. Separation of Powers: To what legislation
extent relevant to administrative 3.4. Administrative directions;
functions? circular and policy statements
1.6. Rule of Law and Administrative 3.5. Legislative Control of delegated
Law legislation
1.7. Definitions of Administrative 3.5.1. Laying procedures and their
Law efficacy
1.8. Scope of Administrative Law 3.5.2. Committees on delegated
1.9. Emerging trends: Positive duties legislation their constitution function
of administration under the modern and effectiveness
social welfare legislation and 3.5.3. Hearings before Legislative
compulsions of planning. Committees
Unit-2. Bureaucracy in India 3.6. Judicial Control of delegated
2.1. Nature and Organization of civil legislation-Doctrine of Ultra Vires
service; Central and State 3.7. Sub-Delegation of legislative
2.2. Its hierarchical character; powers
Accountability and Responsiveness Unit-4. Judicial powers of
2.3. Powers and Functions administration
2.4. Attainment of developmental 4.1. Need for devolution of
and social-welfare goals through adjudicatory authority on
bureaucracy; Problems and administration
perspectives 4.2. Administrative Tribunals and
2.5. Class character and Structure other adjudicating authorities their
2.6. Administrative deviance; adhoc character- Compare
Corruption; Nepotism; administration of justice in court
Maladministration; Disciplinary with that of Tribunals (Ref. Robson)
proceedings and Prosecutions under 4.3. Nature of Tribunals;
Prevention of Corruption Act. Constitution; Procedure; Rules of
Unit-3. Legislative powers of evidence, etc. with special reference
administration to the following:
3.1. Necessity for delegation of 4.3.1. Central Board of Customs and
legislative power Excise
3.2. Constitutionality of delegated 4.3.2. MRTP Commission
legislation; Powers of exclusion and 4.3.3. ESI courts
inclusion of power to modify statute. 4.3.4. Service Tribunals
3.3. Requirements for the validity of 4.4. Jurisdiction of Administrative
delegated legislation Tribunals and Other authorities;
Distinction between quasi-judicial
and administrative functions and
relevance of this distinction in the 5.2.3. Error apparent on the face of
light of recent decisions of the the record
Supreme Court. 5.2.4. Violation of Principles of
4.5. The Right to Hearing; Essentials Natural Justice
of hearing process, Bias (no one can 5.2.5. Primary jurisdiction
be a judge in his own cause); Oral 5.2.6. Absence of ripeness
Hearing, etc. 5.2.7. Political Question
4.6. Rules of Evidence-No evidence; 5.2.8. Doctrine of Legitimate
some evidence and Substantial Expectation
evidence rules 5.3. Methods of Judicial Review
4.7. Requirements regarding 5.3.1. Statutory Appeals
Reasoned Decisions. 5.3.2. Mandamus
4.8. The Right to Counsel 5.3.3. Certiorari
4.9. Institutional Decisions 5.3.4. Prohibition
4.10. Administrative Appeals 5.3.5. Quo-warranto
4.11. Council on Tribunals and 5.3.6. Habeas corpus
Inquiries in England 5.3.7. Declaratory Judgment and
4.12. US Regulatory Agencies and Injunctions
Administrative Procedures Act, 5.3.8. Specific Performance and
1946 civil suits for compensation
4.13. Emerging trends of 5.3.9. Fact-finding Commissions
Tribunalization in India as a means [Link] Discretion
to relieve congestion in the courts 6.1. Need for administrative
and utilization of administrative discretion
expertise. 6.2. Administrative discretion and
Unit-5. Judicial Control of Rule of Law
Administrative Action 6.3. Malafide exercise of discretion
5.1. Preliminary 6.4. Constitutional imperatives and
5.1.1. Courts as the final authority of use of discretionary authority
determine Legality of administrative 6.5. Irrelevant Considerations
action; Problems and Perspectives 6.6. Non-exercise of discretionary
5.1.2. Exhaustion of Administrative power
Remedy 6.7. Discretion to prosecute or to
5.1.3. Standing; Standing for Social withdraw prosecution
Action Litigation 6.8. Limiting, confining and
5.1.4. Laches restructuring discretion general
5.1.5. Res Judicata discretion, technical discretion
5.2. Grounds of Judicial Review: Unit-7. Liability for wrongs:
Scope of judicial review (Tortuous and Contractual)
5.2.1. Jurisdictional error/ultra vires 7.1. Tortuous Liability: Sovereign
5.2.2. Abuse and non-exercise of and Non-sovereign functions
jurisdiction 7.2. Crown Proceedings Act of UK
and Torts Claims Act of US
7.3. Statutory Immunity
7.4. Act of State
7.5. Contractual liability of
Government
7.6. Government privilege in legal
proceedings; State secrets, Public
interest, etc.
7.7. Right to Information and Open
government
7.8. Estoppel and Waiver
Unit-8. Corporations and Public
undertakings
8.1. State Monopoly; Remedies
against arbitrary action or for action
against public policy
8.2. Liability of public and private
corporations of departmental
undertakings
8.3. Legal Remedies
8.4. Accountability; Committee on
public undertakings, Estimates
committee, etc.
Unit-9. Informal methods of
settlement of disputes and grievance
redressal procedure
9.1. Conciliation and mediation
through Social Action Groups
9.2. Use of media, lobbying and
public participation in policy making
9.3. Public inquiries and
Commissions of inquiry
9.4. Ombudsman, Parliamentary
Commissioner
9.5. Lokpal, lokayukta
9.6. Vigilance Commission
9.7. Congressional and
Parliamentary Committees