Syllabus 10 Th Sem
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SEMESTER 10 10.1 Interpretation of Statutes 1.
General. Meaning of ‘Statute’ Object and need of interpretation of statutes.
2.
Aids to interpretation of statutes. -Internal Aids. -External Aids.
3.
Rules of Statutory Interpretation. - Primary Rules - Literal or grammatical rule. - Mischief Rule (Rule in Heydon’s Case) - Golden Rule - Rule of Harmonious Construction. - Secondary Rules - Noscitur a sociis. - Ejusdem generis. - Reddendo Singula Singulis. - Expressio Unius est exclusio alterious. - Generalia specialibus non derogant. - In pari delicto potior est conditio possidentis. - Utres valet quam pareat.
4.
Principles of Constitutional Interpretation. - Harmonious construction. - Doctrine of Pith and substance. - Doctrine of Colourable legislation. - Doctrine of occupied field. - Doctrine of repugnancy. - Principle of Residuary and ancillary powers.
5. The General Clauses Act, 1897. - Salient Provisions
***********
10.2 Administrative Law 1.
Introduction to Administrative Law. - Definition and Scope of Administrative law - Reasons for growth of Administrative law with special reference to India - Difference between Constitutional law and Administrative law - Droit Administratif.
2.
Concept of Rule of law.
3.
Doctrine of Separation of Powers.
4.
Delegated Legislation - Meaning of Delegated legislation - Need for Delegated legislation - Constitutionality of Delegated legislation - Parliamentary control - Judicial control.
5.
Rules of Natural Justice. - Rule against Bias. - Rule of fair hearing
6.
Judicial Review of Administrative Actions. - Modes of Judicial Review - Writ of certiorari - Writ of prohibition - Writ of quo warranto - Writ of habeas corpus - Writ of mandamus - Statutory remedy - Injunctions - Declaration 7. Liability of the Administration - In tort - In contract 8. Ombudsman - Development in England, USA, and India - Working of lokayuktas in the States − The Lokpal Bill
***********
10.3 Human Rights 1.
General -
2.
International Instruments - UN Charter. - Universal Declaration of Human Rights - International Covenant on Civil and Political rights - International Covenant on Economic, Social and Cultural Rights - Their impact on the Constitution of India
3.
Human Right of Specific Vulnerable Groups - Human Rights of Women - Gender discrimination - Discrimination at work place - Domestic violence - Female foeticide - Human Rights of Child - Migrants and refugees - Minorities
4.
The Protection of Human Rights Act, 1993. - National Human Rights Commission. - State Human Rights Commission. - Their composition powers and functions. - Judicial approach and Role of Courts in implementation of Human Rights. − Role of Non-Governmental Organizations in implementation of Human Rights.
Concept of Human rights Nature of Human rights Origin and development of Human rights Classification - Three generations of human rights - Civil and Political rights - Economic, Social and Cultural rights - Solidarity rights
***********
10.4 Honours Law Course - VI Public Health Law 1.
Concept of Health. - The right to health as emergent from parts III & IV of the Constitution.
2.
Duties of employer, community and state in - Industrial Accidents. - Rail, Air and Eco- disasters. - Flood - related epidemics. - Other epidemic situations.
3.
Organization of public health care in India. The Mental Health Act, 1987 - Legal Organization of public hospitals. - Medico-legal cases and duties of hospitals. - Liability for medical negligence in public hospital. - Mental health care in public hospitals- Duties and liabilities.
4.
Organization of private health care in India. - Legal aspects of private medical practice. - Medical negligence. - Amniocentesis. - Public service related situations – negligence of private doctors in eye Camps, sterilization camps etc. - The problem of disposal of medical and surgical wastes and liabilities Of private and public health care units.
5.
Cost and Insurance. - Types of Health Insurance in India. - Envelopes Health Insurance Corporation. - Cost of Health Care & Weaker Sections of Society.
6.
Medical Jurisprudence.
7.
Health Care Legislation in India. - The Prevention of Food Adulteration Act, 1954. - The Narcotic Drug and Psychotropic Substance Act, 1985.
8.
Special Aspects of Health Law. - Occupational Health. - Environmental Health.
***********
10.5 Clinical Course – IV
MOOT COURT, PRE-TRIAL PREPARATIONS AND COURT VISITS
This paper will have three components of 30 marks each and a viva for 10 marks. (a)
Moot Court (30 Marks). Every student will do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submission and 5 marks for oral advocacy.
(b)
Observance of Trial in two cases, one Civil and one Criminal (30 Marks) Students will attend two trials in course of the last two or three years of LL.B. studies. They will maintain record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.
(c)
Interviewing techniques and pre-trial preparations (30 marks) Each students will observe two interviewing sessions of clients at the Lawyer’s office / Legal Aid office and record the proceedings in a dairy which will carry 15 marks. Each Legal student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit / petition. This will be recorded in the dairy which will carry 15 marks.
(d)
The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.
(e)
The examination will be conducted by the Institute/College concerned internally and the marks be sent to the University.
***********
10.6 Optional Seminar Course – VI Law relating to Local Self-government 1. Concept and Development - Democratic decentralization – Grass root democracy - Historical Perspective - Early Period - Gram Swaraj: The Gandhian concept - Balwant Rai Mehta Committee recommendations - Ashok Mehta Committee Report - The Constitution 73rd and 74th Amendment 2. Constitutional Scheme - Directive Principles – Art. 40 - Part IX of the Constitution – Constitution and composition of Panchayats - Power, authority and responsibilities of Panchayats - Financial powers - Levying Taxes - Licencing power - Financial resources and powers - Elections to the Panchayat - Part IXA of the Constitution – Constitution and composition of the Municipalities - Power, authority and responsibilities of Municipalities - Financial powers - Levying Taxes - Licencing power - Financial resources and powers - Elections to the Municipalities 3. Legislative and Quasi-legislative Powers of the States - Legislative Powers of the States - Rule making power of the State Government - Regulation and bye-laws 4. State Law Relating to Local self-government - The West Bengal Municipal Act, 1993 - The West Bengal Panchayat / Panchayati Raj Act, 1973 - The Calcutta Municipal Corporation Act, 1980 5. Judicial and quasi-judicial powers of the Local bodies - Pre-litigation conciliation by Panchayat 6. Institutional and Judicial control 7. Working of Local Self-government
***********
General. Meaning of ‘Statute’ Object and need of interpretation of statutes.
2.
Aids to interpretation of statutes. -Internal Aids. -External Aids.
3.
Rules of Statutory Interpretation. - Primary Rules - Literal or grammatical rule. - Mischief Rule (Rule in Heydon’s Case) - Golden Rule - Rule of Harmonious Construction. - Secondary Rules - Noscitur a sociis. - Ejusdem generis. - Reddendo Singula Singulis. - Expressio Unius est exclusio alterious. - Generalia specialibus non derogant. - In pari delicto potior est conditio possidentis. - Utres valet quam pareat.
4.
Principles of Constitutional Interpretation. - Harmonious construction. - Doctrine of Pith and substance. - Doctrine of Colourable legislation. - Doctrine of occupied field. - Doctrine of repugnancy. - Principle of Residuary and ancillary powers.
5. The General Clauses Act, 1897. - Salient Provisions
***********
10.2 Administrative Law 1.
Introduction to Administrative Law. - Definition and Scope of Administrative law - Reasons for growth of Administrative law with special reference to India - Difference between Constitutional law and Administrative law - Droit Administratif.
2.
Concept of Rule of law.
3.
Doctrine of Separation of Powers.
4.
Delegated Legislation - Meaning of Delegated legislation - Need for Delegated legislation - Constitutionality of Delegated legislation - Parliamentary control - Judicial control.
5.
Rules of Natural Justice. - Rule against Bias. - Rule of fair hearing
6.
Judicial Review of Administrative Actions. - Modes of Judicial Review - Writ of certiorari - Writ of prohibition - Writ of quo warranto - Writ of habeas corpus - Writ of mandamus - Statutory remedy - Injunctions - Declaration 7. Liability of the Administration - In tort - In contract 8. Ombudsman - Development in England, USA, and India - Working of lokayuktas in the States − The Lokpal Bill
***********
10.3 Human Rights 1.
General -
2.
International Instruments - UN Charter. - Universal Declaration of Human Rights - International Covenant on Civil and Political rights - International Covenant on Economic, Social and Cultural Rights - Their impact on the Constitution of India
3.
Human Right of Specific Vulnerable Groups - Human Rights of Women - Gender discrimination - Discrimination at work place - Domestic violence - Female foeticide - Human Rights of Child - Migrants and refugees - Minorities
4.
The Protection of Human Rights Act, 1993. - National Human Rights Commission. - State Human Rights Commission. - Their composition powers and functions. - Judicial approach and Role of Courts in implementation of Human Rights. − Role of Non-Governmental Organizations in implementation of Human Rights.
Concept of Human rights Nature of Human rights Origin and development of Human rights Classification - Three generations of human rights - Civil and Political rights - Economic, Social and Cultural rights - Solidarity rights
***********
10.4 Honours Law Course - VI Public Health Law 1.
Concept of Health. - The right to health as emergent from parts III & IV of the Constitution.
2.
Duties of employer, community and state in - Industrial Accidents. - Rail, Air and Eco- disasters. - Flood - related epidemics. - Other epidemic situations.
3.
Organization of public health care in India. The Mental Health Act, 1987 - Legal Organization of public hospitals. - Medico-legal cases and duties of hospitals. - Liability for medical negligence in public hospital. - Mental health care in public hospitals- Duties and liabilities.
4.
Organization of private health care in India. - Legal aspects of private medical practice. - Medical negligence. - Amniocentesis. - Public service related situations – negligence of private doctors in eye Camps, sterilization camps etc. - The problem of disposal of medical and surgical wastes and liabilities Of private and public health care units.
5.
Cost and Insurance. - Types of Health Insurance in India. - Envelopes Health Insurance Corporation. - Cost of Health Care & Weaker Sections of Society.
6.
Medical Jurisprudence.
7.
Health Care Legislation in India. - The Prevention of Food Adulteration Act, 1954. - The Narcotic Drug and Psychotropic Substance Act, 1985.
8.
Special Aspects of Health Law. - Occupational Health. - Environmental Health.
***********
10.5 Clinical Course – IV
MOOT COURT, PRE-TRIAL PREPARATIONS AND COURT VISITS
This paper will have three components of 30 marks each and a viva for 10 marks. (a)
Moot Court (30 Marks). Every student will do at least three moot courts in a year with 10 marks for each. The moot court work will be on assigned problem and it will be evaluated for 5 marks for written submission and 5 marks for oral advocacy.
(b)
Observance of Trial in two cases, one Civil and one Criminal (30 Marks) Students will attend two trials in course of the last two or three years of LL.B. studies. They will maintain record and enter the various steps observed during their attendance on different days in the court assignment. This scheme will carry 30 marks.
(c)
Interviewing techniques and pre-trial preparations (30 marks) Each students will observe two interviewing sessions of clients at the Lawyer’s office / Legal Aid office and record the proceedings in a dairy which will carry 15 marks. Each Legal student will further observe the preparation of documents and court papers by the Advocate and the procedure for the filing of the suit / petition. This will be recorded in the dairy which will carry 15 marks.
(d)
The fourth component of this paper will be viva voce examination on all the above three aspects. This will carry 10 marks.
(e)
The examination will be conducted by the Institute/College concerned internally and the marks be sent to the University.
***********
10.6 Optional Seminar Course – VI Law relating to Local Self-government 1. Concept and Development - Democratic decentralization – Grass root democracy - Historical Perspective - Early Period - Gram Swaraj: The Gandhian concept - Balwant Rai Mehta Committee recommendations - Ashok Mehta Committee Report - The Constitution 73rd and 74th Amendment 2. Constitutional Scheme - Directive Principles – Art. 40 - Part IX of the Constitution – Constitution and composition of Panchayats - Power, authority and responsibilities of Panchayats - Financial powers - Levying Taxes - Licencing power - Financial resources and powers - Elections to the Panchayat - Part IXA of the Constitution – Constitution and composition of the Municipalities - Power, authority and responsibilities of Municipalities - Financial powers - Levying Taxes - Licencing power - Financial resources and powers - Elections to the Municipalities 3. Legislative and Quasi-legislative Powers of the States - Legislative Powers of the States - Rule making power of the State Government - Regulation and bye-laws 4. State Law Relating to Local self-government - The West Bengal Municipal Act, 1993 - The West Bengal Panchayat / Panchayati Raj Act, 1973 - The Calcutta Municipal Corporation Act, 1980 5. Judicial and quasi-judicial powers of the Local bodies - Pre-litigation conciliation by Panchayat 6. Institutional and Judicial control 7. Working of Local Self-government
***********
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