ENCLOSURE TO ITEM NO. 4.19 25/09/08 UNIVERSITY OF MUMBAI ORDINANCES, REGULATIONS AND SYLLABUS FOR THE M.PHIL. DEGREE COURSE IN \ LAW (with effect from the academic year 2008-2009.) aCONTENTS [1] Object ‘The M. Phil. Degree Programme is specifically designed for aspiring legal academics ie, student wn well as new law ieachers who wish to purse sustained independent study and research and are pling careers in law teaching. The MPhil. Degree shall have the status of an intermediate degree betwee tli first post-graduate degree and the doctorate degree in law. GT Q_ [2] Eligibility for Admission ‘An applicant seeking admission to M. Phil Degree Programme shall have an LL. M. Degree either from University of Mumbai or from any other recognized University or equivalent thereto with at least §S4i of marks or with grade “B’ according to UGC norms of grading, in case of a candidate belonging li general category and 50% of marks for a candidate from the Backward Classes. ‘The Resea vaiion policy shall be made applicable as per the norms of the Government and the University from time to time [3] Admission Procedure a The M. Phil. Committee shall be the decision making body for the admission process «nud allied subjecis. b. Eligible candidate desirous of getting admission to M. Phil. Course shall epply to the HOD, Departinent of Law, in the prescribed application form. ©, Selection for M. Phil. Course shall be based on merit as determined by the M. "hil Committee on the basis of marks secured at the LL. M. Exam. d, Among 10) students 8 seats will be allotted to the students of University of Mumbai. e. The rules of the reservation policy shall be applicable as per ihe government policy/directions issued from time to time. f Candidate seeking admission for M. Phil. course are required to submit with thelr appiication, the certified copies of the statement of marks obtained at the Li. M Examination, caste certificate issued by the competent authority, if any and other relovuut documents. g. The students selected for admission should submit to the Department of Law the following: 1. An application for M. Phil. registration together with the fee prescribed for the sume, within the period specified; 2. Transference certificate if he/she is transferzing himself/herself to the Department ftom a constituenvaffiliated college of the University of Mumbai or a provisional eligility certificate issued by the Registrar, University of Mumbai, if he/she is migeating (o this University from other University. Fees for registration once received will not be refunded 3. No application for condonation of delay in registration will be entertained, 4, No student can register simultaneously for more than one post-graduate degree courw ut this or any other university.5q5] : 2. — [4] Duration of Course ‘Tue M. Phil, Course shall ve of one aad half year, cotamencing from the month cf Octubwt 5q52- , Be [51 Intake ‘ number of candidates admitted to M. Phil. Programme shall ordinarily be 10 in a year, Phe number can be varied depending on the strength of the faculty, their responsibilities twin other courses, [6] Teaching, Research, and Seminar Assignments 1. Every student shall have teaching, research and seminar assignments conforming to the approves! plan of work, The teaching component of the assignment shall ordinarily contain: + Preparation of syllabi and study materials + Attending faculty meetings when invited + Taking tutorial or group discussion, classes in the post-graduate courses etc. 2, The Research work shall include, inter alia, attending courses on Research Methodalugy ail ‘guiding project work and field work of students whenever assigned etc. 2, Every student shall submit the dissertation (in triplicate to the Department of law after paying thy prescribed fee), discussing among other things, and the findings of the research, 4, The dissertation submitted by the candidate shall be referzed to the panel of two exaniliiers w internal and one external, appointed by the M. Phil Committee for evaluation, In ese us! difference of opinion on the merit of dissertation the dissertation shall be referred to w tht examiner for his/her opinion, At the beginning of the II term every student shall suluult tly proposal of his dissertation approved by his advisor to HOD Law . 5. The result of the evaluation by the examiner shall be indicated either ‘Satisfuctory’ ar ‘Nii Satisfactory’ i) The method and modalities of the presentation shall be determined by the advisor the candidate in consultation with the HOD, Department of Law, from time to lite. ii) Every student shall attend minimum 75% of the lectures conducted, failure tv which he/she shall not be allowed to appear for the examin: [7] M. Phil. Advisor for each candidate Each student shall be assigned to a Faculty Member/Teache: of the Course, specialized in the arew «il law selected by the candidate for his/her dissertation, who shall be his Advisor. The Advisor shall Prepare a plan of work for the candidate indicating the teaching, reseutch, seminar and the assignments to be given to the candidate and supervise the progress of his/her work, ‘The M. Phil. Advisor should be the Guiding Teacher for Ph. D. in Law, University of MumbaiGenerally there shall be one Advisor per student. But in case of non-availability of Adviwu, il. available advisors or senior teachers in law may be asked by the HOD Law to take more tha cn student. 18} Teachine Panet * © panel of wachers for ihe course shall cor teconuuended by the M. Phi! Committee. hers with Ph.D. Dene [9] Constitution of M. Phil. Committee 1. The M, Phil. Committee shall consist of the Chairperson (Head of the University Depurtment) and all recognised guiding teachers of the University of Mumbai for Ph. D. Degree. ‘The tenure of the committee shall be of three years. The members of the committee shull he sw chosen so as to give wide representation to maximum numbers of specializations the department [10] Powers of the M. Phil. Committee a. To make admissions to the M. Phil. Course b. To decide the number of candidates to be ai availability of advisor-guide. mitted, depending on the subject specialized wit s. To recommend the Hicac.mic co ncil the syllabus of the Course trough the Board of Studies To recommend a panel of experts/teachers/examiners’t Board of Studies in Law. ators Lor theory papers 1 the fo recommend panel of referees-Internal and External, fo: evaluation of dissertation wf M. Phil. to the Committee under section 32 (3), Maharashtra University Act. £ To decide astudent, ¢ issue of the indiscipline of the student and on unsatisfactory performance at g. To workout the total schedule from admission of the course to viva-voce' presentation hy the students h. To finalize the result and forward i to COE University of Mumbai for & i. To finalize the 1 of the teachers f pr the progr: amme. i. To deal with disciplinary maners ar University of Mumbai. recommend actions te be 7 to the Regintier, k. To deal with al! related issues of M, Phil. Prog 11] LECTURES: 30 Lectures of 60 minutes for each paper and 2 contact hours per week for d Guidance Lecture Timing: 6.00 pm TO 8.00 p.m ionLecture Honorari: remuneration: As per University Guidelines. Re 514) vee Structure: As per the University guidelines. [13] SCHEME FOR M.PHIL TEACHING, EXAMINATION AND EVALUATION i) The medium of instruction and writing of examination for the M. Phil. Degree course shall be English, ii) The examination for the papers will be held at the end of the term. iii) A candidate will be required to submit a dissertation within a preseribed time. ‘Ihe HOD will notify the date in the beginning of the second term. No time-extension shall be given for the submission of the dissertation. iv) After approval of the M. Phil Advisor each candidate will submit (Three Bound Dark copies) of his/her dissertation to the office of the Department. v) After submission of the dissertation each candidate will appear for Viva Voce on the dates announced by the HOD, Law Department. vi) A candidate who has passed in all the theory papers and also in the dissertation and viva-voce at their first attempt and secured the marks according to the grading system will be placed in the respective Grade. vii) A candidate who has passed in one or two papers and failed in the remaining Papet/papezs wil! be periitied io reappear for the paper/papers in which he/she ha failed on payment of a fresh examination fee and his/her result of the M.Phil. Degree examination wiii be declared on his/her passing in the remaining paper/papers and dissertation, viii) A candidate failed in dissertation is allowed to re-submit it within the prescribed time hy the HOD Law, along with the prescribed fees, ix) Students wishing to discontinue their studies in the second term will be required 10 pay the tuition fee for the said term, unless they have intimated in writing to the Head of the Department before the commencement of the second terin their intention not to continue their shies in the Departmicat. (This is subject to the changes that may be notified by the University from time to time), (14] Examinat BIsY QR, {15} the Scheme of Examinations : Total Marks 600 n Fee: As per the University guidelines. M. Phil Paper —1 Paper— 11 Paper ~ tlt Dissertation (150 Degree in 100 Marks 100 Marks }00 Marks Accepteuirejected wt The faculty 3 hrs. 3 hrs Shs Resubmitted 200 100 Marks(vy) Law Legal Research & Philosophy of Law Slobatization & Dissertation & Viow Teaching Techniques Contemporary trends in Indian Constitutional Las45 216] Passing Standards 1. To pass M, Pail. Examination, a student must obtain a minimum of 45 % of the snuths paper and 50% in ste. class. 3. 60% and above First Class 4 5117) Standard of Grades ‘The assessment of the M. Phil candidate shall be in the grades on the seven-point scule. The candidate should get at least ‘C’ grade in every paper, dissertation and viv aggregate, he shall get ‘B’ grade for being eligible for the award of M. Phil. Degree, The following table and procedure shall be 12de applicable for giving grades, | Notation The Examiners wit! submit the marks as wel! [18] Award of Degree Degree of M. Phil shui: £e con! requirements, . having completed satisfactorily thy other {rom at least :0 examiners the dissertat [19] Course conte THEORY PAPERS: The entice M. Phil. Course shall cons Disserss: t of three papers of 100 cach and Lectures Marks PAPER Legal Rescarch & Teaching Techniques 100 Unit I iw Unit ll Types Unit Ml Resi of Soci 2 India egal researchUnit IV Research Design 3 Unit V — Teaciting Techniques 5 PAPER II__ Philosophy of Law 100 Unit Concept & Definition of law 2 Unit 1 Law asa social Institution 3 Unit II] Law and Socio-economic Change 3 Unit IV Judicial Process and Judicial Activism 5 Uni V__ Philosophy of Law Is Plato Aristotle Thomas Acquinas Jereme Bentham Karl Marx Lord Denning Justice Cardozo Justice P. N. Bhagwati Justice V. R. Krishna Iyer PAPER IIL Globalization & Contemporary trends in Indian Constitutional Law too 1. Effect of globatization on constitutional framework in India 3 2. Role of Indian the state and challenges of globalization 2 3. Globalization and affirmative action programme- 5 Challenges and prospects 4. Globalization and federal finance in India 5 5. Globalization and dynamics of Indian federalism 5 6 Corporate Social Responsibility (CSR) and Social Justice in India 5 7. Treaty-Making power Under Constitution of India 5 PAPER IV _ Dissertation PAPERV Viva Total Marks ooo [20] Detailed Syllabus of three Theory Papers : PAPERI Legal Research & Teaching Techniques Unit Significances of Socio-legal research in India Unit Types of Research Unit I Research MethodsUnit 1. Unit 11 Unit IIL Unit IV Unit IV Research Design ‘Teaching Techniques Significance of Socio-legal Research in India; ‘Types of Research - Doctrinal Non-doctrinal (Empirical Research); Induction and Deduction; Inter-disciplinary research; Research Methods Formulation of Research problem; Research hypothesis Research Desig: ; Forms and techniques; Survey of available literature and bibliographical research Legislative materials including subordinate legislation, Notification and policy statements; Foreign decisions, methods of discovery (rule of the case), Historical perspective of landmark judgments, discovery of judicial confliet in area pertaining research problem: Turistic writings —a survey of juristic literature relevant to select problem nv India and foreign periodicals; ‘Compilation of list of reports and special studies conducted relevant to the problem. Sampling method, observation Method- case Study Method- Interview meth Survey Method, Experimeut Method, Questionnaire Method, Documentiny Methods, Library Method, Suitable combination and Selection of Methinln, Advantages, Disadvantages and limitations of each method. Research Design Forms and techniques in search design: Techniques of data collection and data processing; Collection of statutory and case materials and juristic literature; Use of historical and comparative research materials; Observation method; Questionnaire / Interview method; Case study Method Sampling techniques - designs of semples, types of samples ~ simple, randosn, statify, systematic and non-random sampling; Computerized research - Lexis and West Law Coding Techniques in reseaich writing; ig Techniques Teaching Methodology: ; (Pedagogy ) Lecture Method-Merits and Demerits Problem method Discussion method;Seminar method Workshops, Conference and Symposiums; Projects; L User of techuology in Teaching: Use of Computers, OHP, DTP, slides, power points in teaching; Significance of Audio-Visual devise in teaching; Evaluation: Concept, Need and Importance of Evaluation; Evaluation of students; Evaiuation of Teacher — use of science system, rating system, category xyntet and performance appraisal, 3 Practical assignment: Preparing and implementing lesson plan by selecting one of the methucln 1 teaching and writing a report thereon; References: _ Glanville Williams ~ Learning the Law; Baxi Upendra ~ Socio Legal Research in India; 3. N.R. Maghava Menun~ A handbook on clinical legal education -1998 Eastern Hwak ( Lucknow. 4. Indian Law Institute Publication on Legal Research & Methodology; 5. Kerlinger F. N., Foundation of behavioural Research Holt Rinehart and Sinson hitw., Ha « York. 6 Myneni S.R. - Legal Research Methodology 7. P. Ramchandran, Training in Research Methodology in Social Science in Indlu, tatw Institute of Science, Bombay. 1970 8. Tiwari H.M. ~ Legal Research Methodology in India 9. Ruth M. Bird, Donald A. Bligh and Allen G. Hardy ~ Research into Teaching Mullis 1 Higher Education 10. Arun K, Gupta - Teacher Education, Current and Prospects: PAPERII Philosophy of Law Unit Concept & Definition of law Unit Il Law as a social Institution Unit If] Law and Socio-economic Change Unit 1V Judicial Process and Judicial Activism Unit V Philosophy of Law Plato Aristotle ‘Thomas Acquinas Jereme Bentham Karl Marx Lord DenningJust. Cardozo Just. P.M. Bhagwati Just. Krishne Iyer Reference: 1 z, 3 4 5. 6 7. 8 9. 10. M 12. 13 14. 15. 16. H. A. Hart, Concept of Law, Alan Hunt, The Sociological Movement in Law, Lawrence M. Friedman, Law and Society: an introduction, Prentice-Hall, Inc. Engh ws =! Cliffs, New Jersey R. P, Sharma, Western Political Thought, Sterling Publishers Pvt, Ltd, New Delhi! Justice Gajendragadkar, Law, Liberty and Social Justice. Bhagwati P. N., Judicial Activism and Public Interest Litigation, Jagrut Bharat Proms, 1985 Bhagwati P. N., Law Freedom and Social Change, Banglore University, 1991 Chandrachud Y. V., The Basis of Indian Constitution: its Search for Socia! Tustice wn the Role of Judges, Ministry of Broadcasting, New Delhi, 1989 Denning A. R., Freedom Under the Law, Stevens é& Sons Itd. London, 1949 Desai A. A. , Justice Verses Jusiices, Taxman, New Delhi, 1994. lyer Krishna V. R., Law Verses Justice Problems and Solutions, Deep & Deep, New Dethi 1981 lyer Krishna V. R., Indian Social Justice in Crisis, East West Press, Madras 198 Iyer Krishna V.R., The Dialectics & Dynamics of Human Rights in India, Eastern | aw house, 1999 Mathew K. K., Democracy Equality and Freedom, Eastern Book Co. Lucknow, 1934 Seervai H.M. Constitutional Law of India, N. M.Tripathi, Bombay 1984 Sharma Moolchand, Justice P. N. Bhagwati Court Constitution and Human Universal Book Traders, Delhi 1995. PAPER UL Globalization & Contemporary Trends in Indian Constitutional Law 2 3 Effect of globalization on constitutional framework in India - Part III of the Indian Constitution, ~ Part IV of the Indian Constitution, - Directive Principle and Jurisprudence Role of Indian the state and challenges of globalization - Philosophy of Welfare State - Definition, ~ National Resources & Constitutional Policy = Impact on the people of India Globalization and affirmative action programme- Challenges and prospects ~ Constitutional Affirmative Action Programme Object, Nature and Scope ~ Consumer class or AAP - Judicial trends- Champakam Dorairajan to P. A. Inamdar and thereafter Need of Equal opportunities Commission = Review of Post 59 years of constitutional grievances-Achievements & ChallengesGlobalization and federal finance in India ~ Existing scheme of Federal Finances = Impact of Globalization + States financial autonomy = Central Govt. Reports on federal relations & judicial perspective Globalization and dynamics of Indian federalism a. = Indian Federalism Economic Reforms & Globalization Corporate Social Responsibility (CSR) and Social Justice in India a. ~ Globalization Private Sector and Social Justice Treaty-Making power Under Constitution of India Referencs ir 12, 13. 14. Granville Austin, Working A Democratic Constitution, Oxford. 2001 Granville Austin, Indian Constitution Corner Stone of a Nation, Oxford. Deborah C. Malamud, ‘Affirmative Action, Diversity & the Black middle class’, 197 Durga Das Basu, Comparative Federalism, Prentice Hall of India, 1987 Durga Das Basu, Human Rights in Constitutional Law, Prentice Hall of India, 1994 Fred W. Friendly & Martha J. H. Elliott, The Constitution That Delicate Balance, Amoi Heinemann Publishers, New Delhi, 1989 John David Skrentny, “The Ironics of Affirmative Action’, B: University Press 1996 Lesley A. Jacobs, Pursuing Equal Opportunities, Cambridge University Press, 2004 Mane Suresh, Indian Constitutional Law : Dynamics and Challenges, Aarati & Co., Mumbai. 2008 Dr. Ram Samujh, Reservation Policy Relevance in Modern India, Samrudh Bhat Publication, Mumbai Jogdand P.G, (Edi), Globalization and Social Justice, Rawat Publication, 2008 B.N. Kirpal & others (Edi), ‘Supzcine But Not Infallible’, Oxford, 2006 Sanjay Paswan /Fdi), Dalits and Diversity, 2006 Articles: 1. Amar Pratap Singh, ‘Free Market Economy And Archaic Article 12" The Lawyorn Collective, November 2004, Mumbai 2. Bajaj K. K. ‘Privatization of Higher Education: New Dimensions and challenges’ It) University News, 44(23) June 05-11-2006. 3. Iyer Krishna V. R. “A Judicial Imbroglio-A Resolvent submission’ in K. Mahesh, “Judging the Judges” (1999) 4. N.L. Mitra & Rakesh Kumar, Constitutional Response to Good Governance and Macro-economic Management, The Indian Law Institute, Cite this volume as 42 J1L.I (2000) 5. Nirvikar Singh & T. N, Srinivasan, Indian Federalism, Economie Reform and Globalization, UC Santracruz Center for International Economies working paper no 02-13, University of California, 2002 Rajeev Dhavan, ‘Promises, Promises... Human Rights in India” 39 JILL. 1997 S.K. Varma, Globalization, Marketisation and Constitutional Mandate, The adian Law Institute, Cite this volume as 42 JILI (2000) imore Joh iopkinn as‘TIME TABLE FOR M. PHIL. IN LAW FOR THE ACADEMIC YEAR 2008-09 DAY & TIME, SUBJECT MONDAY — 6.00 TO 8.00 PM. LEGAL RESEARCH & TEACHING TECHNIQUES WENSDAY 6.00 TO'8.00 PM “PHILOSOPHY OF LAW FRIDAY 6.00 T0 £.00 PM GLOBALISATION & CONTEMPORARY TRENDS IN INDIAN CONSTITUIONAL LAW,UNIVERSITY OF MUMBAI No.UG/518 of 2008. CIRCULAR :~ A reference is invited to the Ordinances, Regulations and syllabi relating to the degree of Master of Philosophy (M.Phil.) ide pamphlet No.1 80 and to this office Circular No.UG/519 of 2008 dated 25'* No November, 2008 and the Head, University Department of Law and the Principals of the affiliated Colleges in Law are informed that the recommendation made by the Board of Studies in Law at its meeting held on 29" Au; gust, 2008 has been accepted by the Academic Council at its meeting held on 25" September, 2008 vide item No.4.10 and subsequently approved by the Management Council at its meeting held on 4'* October, 2008 vide item No.4 and that, in accordance therewith, the M.Phil. degree in Law has been introduced by the University from the academic year 2008-2009. Further, that in exercise of powers conferred upon the Management Council under Section 54(1) and Section 55(1) of the Maharashtra Universities Act, 1994, Ordinance 5790 and Regulations 5951, 5952, 5953, 5954, 5955 and 5956 including syllabus relating to the M.Phil. Degree in Law is as per Appendix and that the same has been brought into force with effect from the academic year 2008-2009:- MUMBAI4400 032 PRIN. K. VENKATARAMANI 25" November, 2008 REGISTRAR