SEMESTER 6

6.1 Constitution of India – II

1. General
- Concept of ‘State’ under Part III of the Constitution
- Laws inconsistent with Fundamental Rights
- Doctrine of eclipse
- Doctrine of severability
- Doctrine of waiver
2. Fundamental Rights
Right to equality
- Equality before law and equal protection of law
- Reasonable classification- protective discrimination
- Doctrine of non-arbitrariness and rule of law
Right to freedom
- Various freedoms
- Right to freedom of speech and expression
- Freedom of press and electronic media
- Reasonable restrictions on freedom
Right to life and personal liberty
- Personal liberty: - meaning and scope.
- ‘due process’ and ‘procedure established by law’
- Neo- rights
- Protection in respect of conviction for offences
-Protection against ex post facto-laws
-Protection against double jeopardy
-Prohibition on self incrimination
- Safeguards against arbitrary arrest and detention
Right to freedom of religion
- Secularism under the constitution.
- Individual freedom
-Freedom of conscience and freedom to profess, practice and
propagate religion.
- Freedom of denominations
– Freedom to manage religious affairs
- Restriction on freedom of religion.
Cultural and educational rights
- Protection of interest of minorities
- Right of minorities to establish and administer educational institutions
Right to constitutional remedies
- Constitutional remedies for infringement of fundamental right-writs
- Rule of locus standi and PIL- Judicial dynamism
3. Directive Principles of State Policy
- Underlying objects behind the Directive Principles
- Relationship between Directive Principles and Fundamental Rights
- Classification of Directive Principles
- Social and economics charter
- Social security charter
- Community welfare charter
4. Fundamental Duties

***********
 6.2 Environmental Law - I

1. General
- Concept of environment and pollution including Noise Pollution
– Environmental policy in India
– Environment vs. Development – Sustainable development

2. Constitutional perspective
- Directive Principles
- Fundamental Duties
- Fundamental Rights
- Judicial Approach – Judicial dynamism
- Right to clean and healthy environment
- Public interest litigation in environmental law

3. Environmental liability
- Principle and emerging trends
- Polluter pays principle
- Precautionary principle
- Public trust doctrine

4. The Environment Protection Act, 1986

- Object
- Basic Concept
- Environment, Pollutants, Environmental pollution, hazardous
substance general power of the central government.
- Prevention, control and abatement of environmental pollution
- Working and effectiveness of the Act

5. The Air (Prevention and Control of Pollution) Act, 1981

- The Central and State Board for prevention and control of Air Pollution
- Powers and functions of the Board
- Penalties and procedures

6. The Water (Prevention and Control of Pollution) Act, 1974

- The Central and State Boards for prevention and control of Water
Pollution
- Powers and functions of the Boards
- Penalties and procedures

***********
 6.3 Law of Property

I General Principles of Transfer of Property

1. Interpretation clause
– Immovable property
– Instrument
– Attested
– Notice
– Actionable claim.

2. Transfer of Property
- Meaning of transfer of property
- Subject- matter of transfer
- Persons competent to transfer
- Mode of transfer

3. Conditional transfer
- Conditions restraining alienation
- Conditions restraining the use and enjoyment of property

4. Transfer to unborn person

5. Rule against perpetuity

6. Vested and contingent interests

7. Doctrine of election

8. Doctrine of Lis pendens

9. Doctrine of part performance

II Provisions regarding specific transfers

1. Sale
- Definition and Essentials of Sale
- Contract of Sale
- Rights and Liabilities of Buyer and Seller

2. Mortgage
- Definition and Essentials of Mortgage
- Kinds of Mortgage
- Redemption
- Once a mortgage, always a mortgage
- Clog on Redemption

3. Lease
- Definition and Essentials of Lease, Sub-lease
- Mode of creation
- Duration of leases in the absence of written contract or local usage
- Rights and liabilities of Lessor and Lessee
- Determination of Leases
- Sub-lease
4. Gifts
- Meaning and essential elements of Gift
- Mode of transfer
- Onerous Gift
- Universal donee
- Revocation and Suspension of Gifts

The Indian Easements Act,1882

1. Introduction
- Law of easement and license in India
- Easement and licence
- Definitions-Easement, Dominant and Servient heritages and owners
- Easement and profit a prendre
- Positive and negative easement
- Characteristics of easement
- Classification of easement

2. Imposition, Acquisition and Transfer of Easements

- Imposition
- Who may impose easements?
- Creation of easements
- Acquisition
- Easements of necessity and quasi-easements
- Acquisition by prescription
-Rule for acquisition of such easement
-Exceptions
- Customary easements
-Right of privacy
-Right to other customary easements
- Transfer
- Disposition of easement
2. Extinction, Suspension and Revival of Easements
- Extinction
- Suspension
-Servient owner not entitled to require continuance
- Revival
-Extinguished easement
-Suspended easement
4. Licences
- Nature and definitions
- Types of licences
- Grant of Licences
- Revocation of Licences
***********
 6.4 Criminal Procedure - II

1. Trial Process

- Commencement of proceedings
- Dismissal of complaint
- Charge
- Framing of charge
- Form and contents of charge
- Joinder of charges

-Trial of cases
- Procedural steps during trial before the Court of sessions
- Trial of Summons cases
- Summary trial

2. Appeal, Review and Revision

- Rationale of appeal, review and revision

- Right of single appeal as substantive/procedural right
- Multiple ranges of appellate remedies
- Revision
- Inherent powers of the High Court

3. Juvenile Justice
Nature and magnitude of problem of Juvenile delinquency
Causes of juvenile delinquency
Juvenile Justice (Care and Protection of Children) Act, 2000
Juvenile in conflict with law
- Juvenile Justice Board
- Observation and special homes
- Bail of Juveniles
- Orders which may and which may not be passed against Juveniles
Child in need of care and protection
- Child welfare committee
- Children Homes and Shelter Homes
- Rehabilitation and social integration

4. Probation of Offenders
General
- Meaning and concept of probation of offenders
The Probation of Offenders Act, 1958
- Power of court to release certain offenders after admonition
- Power of court to release certain offender on probation of good
conduct
- Suspended sentence
- Judicial attitude.

***********
 6.5 Honours Law Course - II
Law and the Disabled
1. Introductory
- Concept of disablement

2. Basic approaches to disability

- Traditional approach of sympathy and charity
- Modern approach of rationality and human dignity

3. Determination of disability
- Varying criteria for determination of disabilities
- Administrative process for determination of disabilities
- Issues of Policy and law
- Reference to medical opinion
- Evaluation of disability by adjudicating authority

4. Responsibilities of mentally disabled persons

- Civil responsibilities
- Criminal responsibilities - acts of person of unsound mind

5. International concern for the Disabled

a. Universal Declaration of Human Rights
b. Declaration on the Rights of Mentally retarded Persons (1971)
c. Declaration on the Rights of Disabled Persons (1975)

6. Constitutional and Legal Framework

Directive Principles – Art 41 and art 46.

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995
a. Meaning of disability
b. Prevention and detection of disability
c. Free education
d. Reservation of posts for persons with disabilities
e. Affirmative actions
f. Non-discrimination
g. Social Security and rehabilitation
Nation Trust Fund for the Disabled, 1999*

The Mental Health Act, 1987

- Introduction
- Meaning of Mentally Ill Person
- Admission and detention of certain mentally ill persons
- Judicial inquisition regarding alleged mentally ill person possessing
property, custody of his person and management of his property
- Protection of human rights of mentally ill persons
- Legal aid to mentally ill person

***********
 6.6 Optional Seminar Course – II

Law of Elections

1. The Representation of People Act, 1951

- Qualifications and disqualifications
- Notifications of general elections
- Administrative machinery
- Registration of Political Parties
- Conduct of Elections
- Declaration of Assets and Liabilities by candidates
- Election expenses by candidates
- Disputes regarding election
- Corrupt practices and electoral offences – Provisions under
Indian Penal Code

2. Constitutional provisions (Relating to the Member of Parliament)

- Article 84: Qualification for membership of Parliamant
- Article 99: Oath or affirmation by members
- Article 101: Vacation of seats
- Article 102: Disqualification for membership
- Article 103: Decision on questions as to disqualifications of members
- Article 104: Penalty for sitting and voting before making
oath or affirmation under Article 99 or when not qualified or when
disqualified

3. Law Relating to Removal of Disqualifications

- The Parliament (Prevention of disqualification) Act 1959.

4. Constitutional provisions (Relating to the member of state

Legislature) - Relevant Articles: Article 158, Article 168, Article 169,
Article 170, Article 171, Article 172, Article 173,
Article 188, Article 190, Article 191, Article 192 and
Article 193

5. Anti – Defection Law

- 10th Schedule to the Constitution
- Provisions as to disqualifications on ground of defection.
- Efficacy of the anti-defection law

6. Anti – Defection Rules made by the Speakers of Parliament

. - The Members of Lok Sabha (Disqualification on grounds of defection)
Rules, 1985.
- The Members of Rajya Sabha (Disqualification on grounds of
defection) Rules, 1985.

7. Rules Framed by the Speakers under Article 102 (2) / 190 (2) of
the Constitution - The prohibition of simultaneous membership Rules, 1950.
***********