SCHOOL OF LEGAL STUDIES

CENTRAL UNIVERSITY OF KASHMIR

SEMESTER BASED SYLLABUS FOR

MASTER OF LAWS (LLM)

CONSTITUTIONAL AND ADMINISTRATIVE LAW.

GROUP – I CONSTITUTIONAL AND ADMINISTRATIVE LAW.

FIRST SEMESTER

Paper Subject Credits Total marks 100 Internal External

LLM-C101 Paper I Law and Social Transformation in India* 04 40 60 LLM-C102 Paper II Indian Constitutional Law: The New Challenges* 04 40 60 LLM-E101 Comparative Public Law 04 40 60 LLM-E102 Fundamental Rights and Directive Principles 04 40 60

SECOND SEMESTER

Paper Subject

LLM-C201 Paper I Legal Education and Research Methodology* 04 40 60

LLM-E201 Paper II Centre-state relations & Constitutional Governance 04 40 60

LLM-E202 Paper III J&K Constitution/ Service Law 04 40 60

LLM-E203 Paper IV - National Security, Public Order and Rule of Law 04 40 60

THIRD SEMESTER Paper Subject

LLM-C301 Paper I Administrative Law* 04 40 60

LLM-E302 Paper II Human Rights 04 40 60

LLM-201 Paper III Administrative Process and Judicial Control 04 40 60

Paper IV Project Work* 04 40 60

FOURTH SEMESTER Paper I Internship (Teaching Assignment)* 08 Total Marks 200**

Paper II Dissertation* 08 Total Marks 200***

* Foundation Courses

** 40% marks will be allocated to the feedback and 60% marks will be awarded on the

basis of teaching material.*** 75% marks are allocated for evaluation of Dissertation and 25%

marks for viva-voice of Dissertation.

FIRST SEMESTER

There are four papers in semester one with 4 credits and 100 marks each (4x4=16 credits &

4x100=400 marks). Two of the four papers are foundation courses and the other two are optional

courses.

LLM-C101 Paper I Law and Social Transformation in India

Objective of the course: This course is designed to offer the teacher and the taught an

opportunity to discuss, explore and analyze the issues regarding; a) Indian approaches to social

and economic problems in the context of law as a means of social control and change; and b)

Law and legal institutions as a means to achieve development within the framework of law. The

basic endeavor is to make the students aware of the role law has played and has to play in the

contemporary Indian society.

Unit 1: Law and Public Opinion

a) Law as the product of traditions and culture

b) Law as an instrument of social change

c) Caste disabilities, Child Marriage and Sati

d) Criticism and evaluation in the light of colonization and the introduction of common law

system and institutions in India and its impact on further development of law and legal

institutions in India.

Unit 2: Religion and the Law

a) Religion as a divisive factor and secularism as a solution to the problem

b) Problems in reforming law on secular lines

c) Freedom of religion and non-discrimination on the basis of religion

d) Religious minorities and the law

Unit 3: Community and the Law

a) Constitutional guarantee of equality before law

b) Protective discrimination: Scheduled castes, tribes and backward classes

c) Empowerment of women: Constitutional and other legal provisions

d) Problems related to children (adoption, child labour and sexual exploitation): Legal

provisions

Unit 4: Modernization and the Law

a) Modernization as a value: Constitutional perspectives reflected in the fundamental

duties

b) Modernization of social institutions through law6

c) Criminal law: Plea bargaining; compounding and payment of compensation to victims

Suggested Readings:

§ D.D. Basu, Constitution of India, Prentice-Hall of India (P) Ltd., 1996.

§ Duncan Derret, The State, Religion and Law in India, OUP, New Delhi, 1999.

§ Flavia Agnes, Law and Gender Inequality: The Politics of Women’s Rights in India,

§ Oxford, 1999.

§ Freedman, Law in Changing Society, 1959.

§ H.M. Seervai, Constitutional Law of India, Tripathi, 1996.

§ Indian Law Institute, Law and Social Change: Indo-American Reflections, Tripathi

§ Publications, 1988.

§ Julius Stone, Social Dimension of Law and Justice,

§ Marc Galanter (ed.), Law and Society in Modern India, Oxford, 1997.

§ Robert Lingat, The Classical Law of India, Oxford, 1998.

§ Savitri Gunasekhare, Children, Law and Justice, Sage Publications, 1997.

§ Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour, Anmol Publications,

§ 2000.

§ Upendra Baxi, The Crisis of the Indian Legal System, Vikas Publications, 1982.

§ A.V.Dicey, Law and Public Opinion in 19th Century England.

§ Morris Ginsberg, Law and Public Opinion in 20th Century England.

§ P. Ishwar Bhatt, Law and Social Transformation, Eastern Book Company, Lucknow,

§ 2008.

§ Stones, Social Dimensions of Law and Justice.

LLM-C102 Paper II Indian Constitutional Law: The New Challenges

Objective of the course:

The Constitution, a living document, is said to be always in the making. The judicial process of

constitutional interpretation involves a technique of adapting the law to meet changing social

mores. Constitution being the fundamental law, an insight into its new trends is essential for a

meaningful understanding of the legal system and processes. The post graduate students in law,

who had the basic knowledge of Indian Constitutional Law at LL.B. level, shall be exposed to

the new challenges and perspectives of constitutional developments.

Unit 1: Indian Federalism

a) Nature of Indian Federalism

b) Scheme of Distribution of Legislative Powers

c) Allocation and share of resources – distribution of grants in aid, inter-state disputes on

resources

d) Centre‟s responsibility and internal disturbance within states

f) Directions of the centre to the state under Articles 356 and 365

Unit 2: Emerging regime of new rights and remedies

a) Freedom of speech and right to broadcast and telecast

b) Right to strikes, hartal, and bandh

c) Reading Directive Principles and Fundamental Duties as Fundamental Rights

d) Right to education; Commercialization of education and its impact; and Brain drain by

foreign education market

Unit 3: Separation of Powers: Stresses and strain

a) Theory of Separation of Powers

b) Separation of Powers under the Indian Constitution

c) Interrelationship among the three organs of the state

Unit 4: Democratic Process

a) Nexus of politics with criminals and the business

b) Election: Status of election commission, electoral reforms

c) Coalition government: „stability, durability, and corrupt practice‟

d) Grass root democracy

Suggested Readings:

§ D.D. Basu, Constitutional Law of India, 1991.

§ H.M. Seervai, Constitutional Law of India, 1996.

§ M. Hidayatullah, Constitutional Law of India, Bar Council of India Trust, 1989.

§ M.P. Jain, Indian Constitutional Law, 2003.

§ S.G. Mishra, Constitutional Law of India, 1993

LLM-E103 Paper III COMPARATIVE PUBLIC LAW (U.K, USA, France and India)

Objectives

The paper intends to provide a comparative analysis about the structure of government,

legislative process and the role of the judiciary to have better understanding of the Indian

polity.

UNIT- I : Public Law and It’s Role in Governance

a. Nature of Public Law

b. Distinction between public and private law

c. Scope of Public law – Constitutional law, Administrative law and Criminal law

d. Basic concepts of Public Law

e. Principles of Accountability and Public Law

UNIT – II : Basic Principles of organization of Government and Forms of Government

a) Presidential and Parliamentary forms of Government

b) Federal and Unitary Governments

c) Government under the U.S. Constitution

d) Basic principles underlying Government in U.K.

UNIT-III : Nature and Role of Fundamental Rights in Public Law

a) Evolution of Fundamental Rights in U.K., U.S.A.,and India

b) Scope of Fundamental Rights in U.S.A.

c) Role of Fundamental Rights in U.K.

d) Limits to Fundamental Rights

UNIT– IV : Organization of the Legislature, Executive and Judiciary

a) Structure of Executive, Legislature and Judiciary

b) Nature and Extent of Legislative and Judicial Powers

c) Relation between Legislative and Executive powers

Suggested Readings:

§ K.C.Wheare, Modern Constitutions.

§ Dauglus W.O, Studies in Indian and American Constitutional Law.

§ A.V.Dicey, Introduction to the Study of Constitution.

§ Rotunda and Nowak, Treatise on American Constitution.

§ Bernad Schwartz Commentary on American Constitution

§ E.S.Venkataramaiah, Federalism Comparative Study

§ Mason and Beany, American Constitutional law

§ Rodney Brazier, Constitutional Practice.

§ Godfrey and Blondel, The French Constitution a nd Government.

§ Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law

LLM- E104 Paper IV FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

Objectives

This paper is designed with a view to educate the pupil about the Constitutional rights, duties and

policies of the government underlining the relevant legislations which are having wider

ramification on the interpretation of the provisions of the Constitution.

UNIT- I : Introduction

a) Evolution of Fundamental Rights, Impact of Universal Declaration of Human Rights and

Constitutions of other countries

b) Concepts of Fundamental Rights, 4. Definition of state under Art.12,

c) Inviolability of Fundamental Rights-Article 13, Doctrine of Waiver, Doctrine of

Severability, Doctrine of Eclipse, scope of definition of law under art.13.

UNIT - II: Right to equality

a) Art. 14 - Doctrine of Classification, Doctrine of Arbitrariness, Doctrine of Legitimate

Expectation,

b) Art. 15- Prohibited grounds for discrimination (Art.15); special provisions relating to

women

c) protective discrimination in favor of Backward Classes, Scheduled Castes and Scheduled

Tribes

d) Art.16- Equality of Opportunity in the matters of public employment, reservations in

public employment, residence as prerequisite for employment

UNIT – III : Right to Freedom, Right against Exploitation

a. Art. 19- Fundamental freedoms under Art.19 and reasonable restrictions Art 19 (2) to (6);

b. Art. 20, 21, 22, 23, 24 - Rights of accused; Doctrine of ex-post -facto law; Doctrine of

Double Jeopardy; privilege against self-incrimination. Protection of life and personal

liberty; right to education; safeguards against ordinary arrest and preventive detention;

right against exploitations.

c. Art.25-30 Ambit of religious freedom, cultural and educational rights

d. Art. 32 and 226- Right to constitutional remedies; Fundamental Rights and

Emergency Provisions

UNIT-IV : Directive Principles of State Policy and Fundamental Duties

a. Relative importance of Directive Principles of State Policy (DPSP) and

Fundamental Rights

b. Nature of Directive Principles of State Policy, Justiciability of Directive

Principles of State Policy, Social security and welfare provisions under Directive

Principles of State Policy; economic rights

c. Directive Principles of State Policy that were read into Fundamental Rights

b) Fundamental Duties – evolution, relationship between Fundamental Rights and

Duties

Suggested Readings:

§ H.M. Seervai, Constitutional Law of India – Vol. I &II

§ V.N.Shukla , Constitution of India

§ Subhash C Jain, The Constitution of India

§ D.D. Basu, Commentaries on Constitutional Law of India, Vol. A to E

§ M. Hidayatullah (Ed.), Constitution of India.

§ M.P.Jain, Indian Constitutional Law.

§ Subba Rao G C V Indian constitutional law

§ Pande G S Constitutional law of India

§ Saharay H K Constitution of India

§ Pylee M.V Our constitution government & politics

§ Tope T K Constitutional law of India

LLM-C201 Paper I LEGAL EDUCATION AND RESEARCH METHODOLOGY Objectives

A post-graduate student of law should get an insight into the objectives of legal education. He

should have an exposure to programmes like organization of seminars, publication of law

journals and holding of legal aid clinics. Law is taught in different ways in different countries.

The LL.M course, being intended also to produce lawyers with better competence and expertise,

it is imperative that the student should familiarize himself with the different systems of legal

education. The lecture method both at LL.B level and LL.M level has many demerits. The

existing lacunae can be eliminated by following other methods of learning such as case methods,

problem method, discussion method, seminar method and a combination of all these methods.

The student has to be exposed to these methods so as to develop his skills. Growth of legal

science in India depends on the nature and career of legal research. The syllabus is designed to

develop also skills in research and writing in a systematic manner.

UNIT 1 Research Methods

a) Socio-legal research

b) Doctrinal and non-doctrinal

c) Relevance of empirical research

d) Induction and deduction

UNIT -II Identification of Research Problem

a) Meaning of research problem b) Review of literature and bibliographical research c) Legislative materials including subordinate legislation notification and policy statements d) Decisional materials including foreign decisions; methods of discovering the “rule of the case” tracing the history of important cases and ensuring that these have not been over-ruled; discovering judicial conflict in the area pertaining to the research problem and the reasons thereof e) Juristic writings: A survey of juristic literature relevant to select problems in India and foreign

periodicals

f) Compilation of list of reports or special studies conducted relevant to the problem

UNIT III Preparation of the Research Design

a) Formulation of the research problem b) Devising tools and techniques for collection of data: Methodology c) Methods for the collection of statutory and case materials and juristic literature d) Use of historical and comparative research materials e) Use of observation studies14 f) Use of questionnaires/interview schedules g) Use of case studies h) Sampling procedures: Design of sample, types of sampling to be adopted i) Use of scaling techniques j) Jurimetrics UNIT IV Processing and classification of Data

a) Rules for tabulation b) Explanation of tabulated data c) Analysis of data Suggested Readings:

§ High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active

§ Learning in your Law School, (1998) Blackstone Press Limited, London

§ S.K.Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay.

§ N.R. Madhava Menon, (ed) A Handbook of Clinical Legal Education, (1998) Eastern

§ Book Company, Lucknow.

§ M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978)

§ Pauline V. Young, Scientific Social Survey and Research, (1962)

§ William J. Grade and Paul K. Hatt, Methods in Social Research, Mc Graw-Hill Book

§ Company, London

§ H.M.Hyman, Interviewing in Social Research (1965)

§ Payne, The Art of Asking Questions (1965)

§ Erwin C. Surrency, B.Fielf and J. Crea, A Guide to Legal Research (1959)

§ Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co.

§ Havard Law Review Association, Uniform System of Citations.

§ ILI Publication, Legal Research and Methodology

LLM-E201PaperII CENTRE-STATE RELATIONS AND CONSTITUTIONAL GOVERNANCE

Objectives:

The paper is aiming to give clear picture regarding the structure of the Indian Polity and principles,

procedures and practices that are compiled by the house of people and the Government while unveiling

any legislation/policy.

UNIT-I Nature of the Indian Polity

1. Forms of constitution – Unitary, federal, confederation – merits and demerits 2. Historical evolution of federal features: Government of India Act of 1919, Government

of India Act 1935 3. Nature of Indian polity 4. Judicial perspective over the nature of Indian polity

UNIT II: Union –State Legislative Relations

1. Scheme of distribution of legislative powers between Union and States; 2. General principles of interpretation relating to the various lists; Doctrine of pith and

Substance; Doctrine of Colourable Legislation and Doctrine of Territorial Nexus. 3. Residuary powers, Doctrine of Occupied Field, Parliament’s power to legislative on the State

List 4. Legislative powers of the parliament during emergency

UNIT III: Administration and Financial Relations

1. Distribution of Executive and Financial Powers 2. Finance commission 3. All India Services 4. Centre’s directive to state.

UNIT IV: Emergency Provisions

1. Emergency provisions; Article 352,356 and 360 2. Cooperative federalism

Suggested Readings

§ K.C. Wheare, Federal Government § Jain M.P. Outlines of Indian Legal History. § M.V. Pylee, Constitutional History of India. § Rama Jois M, Legal and Constitutional History of India. § Stetalvad M.C. Constitutional History of India

§ Keith A.B. Constitutional History of India § H.M. Seervai, Constitutional Law of India –Vol. I and II § G.C..V. Subbarao, Legislative powers in India Constitutional law. 10 § V.D Sebastain, India federalism: the legislative conflict § L.M Singhvi, Union State Relations in India § K. Subba Rao, The Indian Federation. § K.P Krishna Shetty, The Law OF Union State Relations and Indian Federalism. § Ashok Chandra, Federalism in India. § Subba Rao G C V Indian Constitutional Law § Pande G S Constitutional Law of India § Saharay HK Constitution of India § Plyee M.V Our Constitution government & politics § Tope T K Constitutional Law of India

LLM-E202 Paper III J & K Constitution Max. Marks: 60 Note: The paper is aimed at imparting basic knowledge to a student about one of the main subjects in the domain of Public Law. Constitution of J&K is a highly relevant subject to the students of constitutional law as it offers unique insight into the special status enjoyed by the state of J&K within the Indian federal polity. In this paper the students are sensitised about the constitutional developments in the state of J&K, scope and relevance of Article 370, constitutional application orders, provisions of the Indian constitution supplementing the state constitution and the Directive Principles of State Policy under the J&K Constitution.

UNIT-I

1. Constitutional Development of state of J&K-A Historical Retrospect 2. J&K Constitution Act 1939

a) Executive b) Legislature c) Judiciary

UNIT-II 1. Instrument of Accession 2. Kashmir before Security Council 3. Article 370 4. The J&K (Constitution Application) Order 1950

UNIT-III 1. Delhi Agreement 2. The J&K (Constitution Application) Order 1954

UNIT-IV 1. Permanent Resident under the J&K Constitution 2. Fundamental Rights-Application under the J&K Constitution 3. Directive Principles- Under J&K Constitution

Suggested Readings: § The Constitution of J&K-its development and comments, A.S Anand § Universal Law Publishing Co. § The Constitution of Jammu and Kashmir- Prof. S.K Sharma, Universal § Law Publishing Co. § Constitution of India- J.N. Pandey, Central Law Agency § State Autonomy Committee Report § Cases: § P.N Kaul v state of J&K AIR 1959 SC 749. § Maqbool Damnoo v. state of J&K 1972 JKLR 319 § Sampat Kumar v. state of J&K AIR 1970 SC 1118 § Sampat Prakash v. state of J&K 1971 SC JKLR 03 § State of J&K v. Dr. Sushila Sawhney L.P.A 29 of 1979

LLM-E203 Paper IV National Security, Public Order and Rule of Law

UNIT I

National Security, Public Orders and Rule of Law: Emergency Detention in England-Civil

Liberties, Pre-Independence law.

UNIT II

a) Article 22 of the Constitution, Preventive Detention and Safeguards

b) Declaration of Emergency, 1962, 1965 and 1970 Emergencies, 1975 Emergency

UNIT III

a) Exceptional Legislations: COFEPOSA and other legislation to curb economic offenders,

TADA -The Draconian Law, Comments of NHRC, Special courts and Tribunals, Due

process and special legislation,

b) Martial law, Provisions in English, Provisions in the Constitution.

UNIT IV

a) Civil Liberties and Emergency: Article 19, Meaning of 'Security of State', Meaning of

'Public Order', Suspension of Article 19 Rights on Declaration of Emergency, President's

Right to suspend right to move any court, Article 21-Special importance-its non-

suspendability, Suspendability-44th Amendment.

b) Access to Courts and Emergency: Article 359-ups and downs of judicial review,

Constitution (44th) Amendment Act, 1978, Constitution (59th) Amendment Act, 1 988

Suggested Readings

• G.O.Koppell, The Emergency, The Courts and Indian Democracy 8 JILI 287 (1966).

• H.M.Seervai, The Emergency, Future Safeguards and the Habeas Corpus, 1978.

• International Commission of Jurists, Status of Emergency and Human Rights ,

1984

• N.C.Chatterji and Parameshwar Rao, Emergency and the Law, 1966

LLM-C301 Paper I ADMINISTRATIVE LAW

UNIT I

1. Evolution and significance of Administrative Law in various systems of governance-from

ancient to modern.

a) England and USA

b) France

c) Other systems

2. Doctrine of Separation of Powers: Comparative survey-Common Law and Continental

System:

England, USA, France and India from Rigidity to Flexibility.

3. Rule of Law: Changing dimensions, Regulation of administrative process.

UNIT II

Delegated Legislation: Problems, Process and Control, Judicial Review of delegated legislation.

UNIT III

Processual Fairness: Evolution and Significance of Natural Justice, England: Judicial Process,

Doctrine of fairness and doctrine of legitimate expectation. U.S.: Due process and judicial

decision, India : Through judicial decision-Doctrine of Fairness (Art.14, 19, 21)-Doctrine of

Legitimate Expectation, Privilege against disclosure, official secrecy, Access to information and

Right to Information Act.

UNIT IV:

Control on Maladministration: Ombudsman, Commissions of Inquiry, Vigilance Commissions,

Investigative Agencies: The CBI, Inquiries by Legislative Committee, Legislative control,

Judicial Inquiries.

Suggested Readings

1. Pater H. Schunk, Foundation of Administrative Law, 1994

2. Friedman, The State and Rule of law in a mixed Economy.

3. Ivor Jennings, Law & the Constitution

4. Schwartz and Wade, Legal Control of Government31

5. De Smith, Judicial Review of Administrative Action, 1998

6. D.D.Basu, Comparative Administrative Law, 1998

7. K.S.Shukla and S.S.Singh, Lok Ayukta: A Socio-Legal Study, 1988

8. Jain & Jain, Principles of Administrative Law

LLM-E302 Paper II HUMAN RIGHTS

Unit I: Panoramic View of Human Rights

a) Human Rights in Western Thought, Universal Declaration of Human Rights, Constituent

Assembly and Part III of the Indian Constitution.

b) International Law and the Position in India (e.g.,Convention of Social Discrimination,

Torture, Gender discrimination, Environment and the Two human right covenants.

c) The dichotomy of Fundamental Rights and Directive Principles, The interaction between

Fundamental Right and Directive Principles,

Unit II: Right not be Subject to Torture, Inhuman or Cruel Treatment

a) Conceptions of torture, Outlay of torture at international and constitutional law level,

Incidence of torture in India, Judicial attitudes.

b) People's Participation in Protection and Promotion of Human Rights: Role of

International NGOS, Amnesty International, Minority Rights Groups, International Bars

Association, Law Asia, Contribution of these groups to protection and promotion of

human rights in India.

Unit III

a) Freedom: Free Press-its role in protecting human rights, Right of association, Right to

due process of law, Access and Distributive justice.

b) Independence of Judiciary: Role of the Legal Profession, Judicial appointments-tenure of

judges, Qualifications of judges, Separation of judiciary from executive.

Unit IV

a) European Convention of Human Rights: European Commission/Court of Human Rights,

Amnesty International, , Minorities Commission, Human Rights Commission,

b) Remedies Against Violation of Human Rights.

Suggested Readings

1. M.J. Akbar, Riots after Riots, 1988

2. U. Baxi (ed.) The right to be Human, 1986

3. U.Baxi, The Crisis of the Indian Legal System, 1982

4. F. Kazmi, Human Rights, 1987

5. L. Levin, Human Rights, 1982

6. H. Beddard, Human Rights and Europe, 1980

7. Nagendra Singh, Human Rights and International Co-operation, 1969

8. S.C.Kashyap, Human Rights and Parliament, 1978

9. Moskowitz, Human Rights and World Order, 1958

10. J.A. Andrews, Human Rights in International Law, 1986

LLM-201 PAPER III ADMINISTRATIVE PROCESS AND JUDICIAL CONTROL

UNIT I

Administrative process: Nature and Meaning, the role of civil service, the role of administrative

agencies, Constitutional standards: Doctrine of Police Power, Doctrine of Eminent Domain,

Taxing power, Responsibility and accountability.

UNIT II

Judicial Review of Administrative action in India: Historical development, power of Supreme

Court, Powers of High Courts, Role of Subordinate Courts. Jurisdiction: Finality Clause,

Conclusive evidence Clauses, Law Fact distinction, Exclusionary Clause. Ground of Judicial

Review: Doctrine of Ultra vires, Unreasonable discretionary power: From liver sidge to padfield,

discretion and Justifiability, violation of fundamental rights, Extraneous consideration and /or

irrelevant ground, delegation acting under dictation, Malafides and Bias, Lack of rationality and

proportionality, oppressing decision.

UNIT III

Limits of Judicial Review: Locus standi and PIL, Laches, Resjudicata, alternative remedies,

Remedies Writs, injunction and declaration.

UNIT IV

Tortuous and contractual liability, emerging liability-Personal accountability, compensatory

jurisprudence and right to live, accountability under consumer protection law, Promissory

Estoppels: Legitimate expectation and Constitutional dimensions.

Suggested Readings

1. Pater H. Schunk, Foundation of Administrative Law, 1994

2. Friedman, The State and Rule of law in a mixed Economy.

3. Ivor Jennings, Law & the Constitution

4. Schwartz and Wade, Legal Control of Government31

5. De Smith, Judicial Review of Administrative Action, 1998

6. D.D.Basu, Comparative Administrative Law, 1998

7. K.S.Shukla and S.S.Singh, Lok Ayukta: A Socio-Legal Study, 1988

8. Jain & Jain, Principles of Administrative Law

LLM – E202 PAPER III SERVICE LAW

UNIT -I

a) Constitutional right of equality in relation to service matters

b) Reservation in the services, Compassionate Appointment

c) Principles of equal pay for equal work

UNIT-II

a) Services under the Union and the States (Articles 309-311) including applicability of

Article 311 to various categories of non-permanent employee and Article 320)

b) compulsory retirement, probation, status and rights of adhoc employees and daily wagers

and their regularization.

UNIT-III

a) Suspension and subsistence allowance (with special reference to CCS (CCA) Rules1965)

b) Principles for determination of seniority including a) Seniority based on the date of

confirmation, b) seniority as per statutory rules framed under Article 309 read with

Article 16 (4) (a) of the Constitution,

c) Annual Confidential Report (ACR), Deputation.

UNIT-IV

a) Major and Minor Penalties

b) Conduct and procedure of disciplinary departmental enquiries (including chargesheet,

inspection and supply of copies of documents, production of evidence, enquiry report,

hearing

Suggested Readings:

• A.S. Bhatnagar : Guide to Departmental Problems Enquiries, Punishment & Appeal- 7th

§ Edition, Ashok Law House, 2005.

• G.B. Singh : Law of Suspension, Penalties and Departmental Enquiries- Mrs.

§ Baljit Kaur, 2005.

• Muthu Swami : Swami’s Manual on Disciplinary Proceedings- 5th

§ Edition, SwamiPub. Pvt.Ltd., 1993.

• Ramchandaran, A.S. : Law relating to Departmental Enquiries, Punishment &

§ Appeal- 7thEdition, Ashok Law House, 2005.

• Narinder Kumar : Law relating to Government Services and Management of Discipline

Proceedings- Allahabad Law Agency, 2003.