|START DATE||END DATE||DURATION||LAST DATE TO APPLY||PROGRAMME FEE (YEARLY)|
01 August 2018
31 July 2023
31 May 2018
Rs. 5.50 Lacs
Jindal Global Law School (JGLS) offers the 5 year integrated Bachelor of Arts, Bachelor of Laws (BA.LLB (Hons)) Programme since its year of inception in 2009. Through a combination of courses in arts and law subjects, the Programme is designed in keeping with the latest Bar Council of India rules and the University Grants Commission prescriptions and aims at fostering a culture of scholarship and academic excellence amongst the students.
The Bachelor of Laws is intended to be completed in five years full-time, or on a part time basis; in either case the degree must normally be completed within ten years from the start of study (including any periods of leave or suspension). Each year of study is divided into two semesters which have eighteen weeks of study each including revision of syllabus and examinations.
10+2 & LSAT—India examination or equivalent with not less than 45% aggregate marks
The B.A. LL.B (Hons) Curriculum at JGLS consists of compulsory and elective courses of maximum one semester’s strength. The compulsory courses are designed to ensure that every student gains a sufficient grounding in the fundamental branches of the law, as well as satisfying applicable requirements for admission to practice; the elective courses provide an opportunity to develop particular interests and to deepen understanding.
Each full semester course is worth 4 credits (with the exception of electives worth 4 to 1 credits), with 40 credits per year being the minimum full-time load adopted by the University. The normal full-time load in each semester is therefore 20 credits. Students may choose to take on a higher load subject to the prior consent of the Office of Academic Affairs. In no event shall the load for any semester be in excess of 28 credits.
In order to be awarded a B.A. LL.B (Hons) degree, students must be awarded no less than 208 credits in total, distributed as follows:
- Two courses in English, worth 8 credits in aggregate
- Atleast 12 compulsory courses in the arts and humanities subjects, worth 48 credits in aggregate;
- Atleast 20 compulsory courses in law, worth 80 credits in aggregate;
- Atleast 14 elective courses (including 8 courses undertaken in pursuance of an honours degree), worth 56 credits in aggregate;
- 4 Compulsory Clinical Courses, worth 16 credits in aggregate.
Students may be awarded credits for undertaking co-curricular activities which allow them to develop legal reasoning skills and enhance their understanding of the law. Credits earned on account of permissible co-curricular activity will count towards the total 208 credits required to be awarded a B.A. LL.B (Hons.) degree.
Students are offered a number of elective courses from their third year of study. These courses are often interdisciplinary, involving elements of law as well as other disciplines in social science and management. Successful completion of electives will lead to the awarding of credits, which are ascertained per elective, based on the number of instructional hours. For example, a three credit course will have atleast three hours of classroom lectures per week and one or more hours of tutorial instruction per week.
Further, a number of elective courses at the various schools of the University are open for cross-registration. For example, a student of the Jindal School of International Affairs shall may opt for a course on International Humanitarian Law offered by the Jindal Global Law School.
A detail list of our electives offered in the Fall 2016 semester can be found in our JGLS Electives Fall 2016 Booklet here.
Scholarship Program is one of the most common ways which is run by all universities to give financial assistance to the students who come from a financially weaker section but have great possibilities to thrive through their academics. OPJGU has always tried that such students must not be left behind just because of money constraints.
We have nine categories in total under which the scholarships are granted: Savitri Jindal Studentship, Award Merit Scholarship, Shallu Jindal Outstanding Women Scholarship, Mrinaldeep Singh Scholarship, Savitri Jindal Merit cum Fellowship, Naveen Jindal Young Global Scholarship, O. P. Jindal Outstanding Merit Scholarship, Haryana Domicile Fee Concession and Chancellor’s Discretionary Fee Concession.
Every year, Merit cum Means Scholarship applications are invited from students and reviewed by the scholarship committee during a series of frequent meetings. Rules and regulations are drafted/amended every year as required. The criterion taken into consideration are merit (CGPA) and means (family income). So many other factors also play an important role like participation in moot courts, debates, sports, cultural activities, societies’ events etc., contribution to university (CDPD & Admissions) and research. The review is done in such a way that maximum students get benefitted.
This introductory course covers legal methods for students of law; one learns to critically read statutes, cases and other legal and legally-relevant material, and toidentify and resolve issues that involve the law. The syllabus includes selected analytical legal materials and aims to provide a familiarity with the context, syntax and grammar of law that is vital to address situations that lawyers, judges and legal institutions have to regularly engage with. Through the detailed study of selected legal materials, the course also hopes to provide students of law with a picture of the different approaches, attitudes, theories and philosophies that make law such an exciting subject of scholarly studies. Materials studied include classic and modern legal cases from the Indian, Anglo-American and continental European legal systems in the fields of tort, contract, criminal law, public law and property. In addition to working directly with selected original and appellate decisions (and the arguments and pleadings involved in these), students will also learn to use important texts and writings that hold a strong influence on contemporary legal method and the law. A few of the cases and texts in the syllabus have been specifically chosen to build a foundation for the sustained study of legislative history, institutional roles, statutory interpretation, and legal reasoning.
In this course, the students will engage with the principles of critical thinking, sound reasoning and argumentation through a close examination of literary and legal texts. While we all may think, not many of us think critically. This is a process that requires training and development of specific skills- analysing information, evaluating arguments and opinions, and solving problems. Through a series of reading, writing, and oral assignments, the course will familiarise students with the mechanics of close reading, and the relationship between language and logic in examining arguments. The course also aims to introduce students to the conventions of academic writing and business communication.
C. Wright Mills has famously said that the sociological imagination helps us to grasp the relationship between biography and history within society, or the relationship between the individual nature of personal experience and the collective nature of our everyday lived experience. That is the task and the promise of sociological imagination. Traversing between classic sociological texts and contemporary writings informed by sociology and cultural anthropology, the course will begin with an introduction to the discipline of sociology and its histories. In the following three weeks (week 2-4), we will evoke the debates between the founders of the discipline—Marx, Durkheim and Weber—while at the same time examine the impact of each of these thinkers on contemporary sociological theories. After obtaining familiarity with broad movements in sociological theories and approaches, week 5 will outline the elements and processes of sociological research, and how the methods (both quantitative and qualitative) and techniques used in sociological research distinguish sociology from other disciplines. Family, marriage, and kinship have been conventionally considered as the primary social institutions and therefore integral to sociology. While in week 6 we trace how the sociological imagination of family, marriage and kinship is understood within the - 4 - discipline, we will also introduce newer ways of challenging the conventional pictures of family and marriage. The following two weeks (week 7-8) will draw attention to the fact that any understanding of society and its plurality of institutions must grapple with issues of social inequality and hierarchy. In the backdrop of the debates on social inequality, power and difference, we will look at the relationship between caste, class and race. The intersections between caste, class and/or race cannot be fully understood without engaging with the manner in which gender is used to reinforce and naturalize inequality and difference. Hence, week 9 will specifically emphasize feminist and queer perspectives on gender, sexuality, and intimacy as a critical way of forging a sociological imagination. The way we experience our everyday lives finds specific rendition in urban landscapes and flow of information. Sociologists have often looked at city as a site of civilization and a driving force of modernity. Week 10 will engage with such perspectives as well as more recent analysis of the city and urban life in global times. Our lived experience is inextricably linked to processes of social change, social conflict, and resistance. The nature of politics of social movements whether in urban or in rural contexts is often linked to the twin concepts of development and developmentalism. In order to grasp the relationship between development, politics, and social movements in the context of globalization, we will read western sociological theorizing in relation to social movements in the Indian context (week 11-12). The politics and poetics of our day-to-day lived experiences are also articulated at the site of religion, superstition, ritual, and magic. In week 13 we shift our focus to the sociological understanding of religious institutions and practices. In this context the issues around secularism and religious fundamentalism and its relation to contemporary politics become particularly important. These distinct, yet interconnected, realms of social life cannot be meaningfully grasped without tracing how we communicate and share information with each other in a world which is increasingly globalized. The transformative role of new media and information technology in shaping everyday life will constitute the thrust of week 14. We will not only explore the constitutive role of conventional print or televisual media but also how new social media such as facebook and twitter etch social networks and online communities. The impact of new social media, in contrast to conventional media, and how its different forms constitute our lived experience in routine and routinized ways becomes particularly important in interconnected worlds.
Law of Torts & Consumer Protection
The Law of Torts and Consumer Protection is a cornerstone of the first-year legal curriculum. In this class, students are exposed to basic legal concepts such as liability, elements of offenses, and damages that will inform the remainder of their legal education and their careers in the law. The course will also teach students how to read and analyze cases, which are drawn not only from India, but from other common law jurisdictions such as Australia, the United Kingdom, and the United States.
In keeping with the latest developments in the study of politics, this course attempts to go beyond the confines of traditional ‘political science’, with its exclusive emphasis on the public sphere, organized collective politics and formal institutions – primarily the state. The themes and readings in this course encourage students to think about the inextricable connections between spheres of social practice that are ordinarily – and erroneously –parcelled out between different disciplines. Following insights from critical traditions such as communitarianism, feminism and Marxism, this course seeks interconnections between domains of enquire traditionally assigned to sociology, economics, and history, while maintaining a focus on the core concerns of political science: power, political life and political behaviour. The course is divided into three parts. Part I introduces students to key concepts in political and social theory: power, structure, agency, ideology, domination and conceptions of social justice. This is intended to equip students with a basic conceptual tool kit. Part II looks at the three key spheres of politics in modern society: state, family and market. It suggests that both economy and family are politically constituted, and therefore subject to principles of justice. Part III combines discussion of structures of inequality with study of social movements against domination, oppression and exploitation, and seeks to widen the conception of ‘politics’ and ‘political’ to include forms of symbolic and material contestation beyond the realm of the government and electoral politics.
This course aims to provide a foundation to the field of commercial laws by introducing the principles and theory of Contract Law. The central questions that this course will examine are: Which kinds of promises does the law enforce and why? Students will learn the elements of a contract, how a contract is formed, what a valid contract is and the remedies available to contracting parties for the breach of a contract. The materials used in this course include judgments of the courts of India, the United Kingdom and the United States of America, statutes and other legal materials as well as scholarly articles critically analysing the law. This course will undertake the study of contract law primarily through the evaluation of case laws. Students will be encouraged to critically assess and examine the reading materials and case laws and extract the correct legal position from them. Students will also be introduced to the different theories of contract law analysis with a greater focus on the economic analysis of contract law. In this way the course will provide an understanding of contract law and introduce students to certain tools that will be helpful in analysing contract law.
This course will acquaint students with foundational concepts of comparative and international politics. The course focuses on diplomatic interactions in the international realm and the social, economic, political, and cultural contexts in which they take place. In addition, it will equip students to critically apply classroom-based learning to contemporary events. This course builds upon the thematic areas explored in Political Science I and explores the relevance of the field of international relations. The course seeks to capture the complexity of comparative politics and international relations and engage with contemporary discourses these fields.
The course further builds upon the skills of reading, writing and critical thinking acquired by students in the previous semester. It focusses on legal language and research acumen required by the scholars at this level. The course will try to analyse contemporary issues in the area of law and language through an examination of articles on law, landmark judgements/legal cases and literary texts. It will introduce them to legal reasoning and syllogistic fallacies. The students will also learn foreign words and terminology often found in various branches of law.
This course has two aims. First, it covers key themes in the history of modern South Asia in order to provide a basic foundation in the historical study of the region. Second, it focuses on historiography and sources for the study of history to give students a grounding in the discipline through readings from different schools of historiography as well as original sources to get a feel of interpretive possibilities. The course is designed to enable students to critically analyse not only historical events but also to think about contemporary Indian politics and society in historical terms. It begins with a survey of the politics, culture and society of the early modern period, ie the Mughal period, and then continues on to survey important themes in the early colonial and late colonial periods. It ventures into the post colonial period to provide the students with exposure to themes like contemporary Indian politics and the post colonial history of Pakistan to deepen their knowledge base of South Asian history. By introducing students to both the discipline of history and important themes in modern South Asian history, this course will serve as a base for a more advanced course on legal history in their third semester at JGLS.
This course is intended to be an introduction to economics to students without any background in the subject. There are three main objectives the course sets out for itself. Firstly, the course strives to introduce the fundamental building blocks of microeconomic theory—market demand and supply, consumer behaviour/choice, production and cost, different market structures (perfect competition, monopoly, monopsony, oligopoly etc.), externality and so on and so forth. In addition to this, it is the intention of this course to spell out, as clearly as possible, the underlying assumptions that allow the arguments of standard economic theory to go through and subject these assumptions to critical scrutiny. These include, and are not limited to, the ideas of rationality (utility maximizing behaviour for consumers, profit maximizing or cost minimizing for producers), efficiency (some criterion for allocative efficiency) etc. More fundamentally, the course seeks to critically assess the claim to value neutrality of the discipline because of the usage of mathematics and deductive logic as a tool of analysis. Lastly, the course seeks to demonstrate, using case studies and examples, the applications of economic theory in real life (such as government intervention in cases of price control/rent control).
Max Weber, in his germinal book Economy and Society, distinguished between two approaches of studying law in terms of their differing objectives. The jurist, assuming the empirical validity of the legal propositions, examines each of them and tries to determine its logically correct meaning in such a way that all of them can be combined in a system which is logically coherent—i.e., free from internal contradictions. The sociologist, on the other hand, contemplates the interconnections and interpretation of human activities as they actually take place. As Weber explains, one exists in the ideal realm of the ought, while the other deals with the real world of the is. This course aims to introduce students to the latter approach that engages with law in its social settings—in the intersection of the normative and the empirical. While law students, typically study state legal norms declared by authoritative sources like judgments and statutes, sociology with its empirical approaches studies the working of these normative laws in society. This course has three broad components. The first aim is to introduce students to key sociological traditions of qualitative empirical research on law. While these traditions—broadly categorised as sociological jurisprudence,social theory of law,law and society and anthropology of law—diverge but together they provide a rich resource to the study of modern law in theory and practice. From week 2, we will start our schematic tour of the classics of sociological traditions of law, starting with sociological jurisprudence with its emphasis on the divergence between law in books and law in action. We will also read about the relation of sociological jurisprudence with sociology of law, exemplified in three of the great theorists—Karl Marx, Emile Durkheim and Max Weber (weeks 3-4). The second component will introduce the students to the emergence and nature of modern law in India (week 5). We will examine the rise of the legal profession from colonialism to present day globalisation in India (week 6). In the following week we will move to exploring how state law intersects with non-state law; and how legal pluralism is constitutive of everyday experience of law (week 7). Situating law in the scenes of globalisation we will examine how law produces displacement, catastrophe, and social suffering. We will turn to the mundane and everyday contexts where law is mobilised by turning our attention to the local courts and lok adalats (weeks 8-9). The politics of access to justice when read with the debates on gender violence provide a picture of law from the point of view of the litigant or the witness challenging the doctrinal picture of law (weeks 10-11). The study of doctrine does not exhaust the study of law; rather we need to fully understand law in the domain of culture (week 12). The third component of the course (weeks 13-14) will introduce the students to emerging research in sociology and social anthropology of law such as law and popular legal culture, law and emotions, family, care and ageing in India, environmental law and practice, architectural and aesthetic organizations of legal spaces, such as court buildings and courtrooms, art and censorship.
Law of Crimes-II
The course in a nutshell defines in broad parameters the code of criminal procedure. It starts with the types of criminal courts, the powers exercised by the magistrates in awarding punishments. It also delves into the power of the courts to pass awards for maintenance of wives children and parents. The course also looks into the investigative powers of the police, the powers of the police undertaking search and seizure and to maintain peace and tranquility in the sphere of public domain. The course ends by delving into the question of life imprisonment and the efficacy of the death sentence.
Law of Contract II
Building on the general principles studied in Law of Contract-I, this course aims at introducing students to some specific contracts wherein parties, given the circumstances, stand at a peculiar relationship with respect to one another entailing certain specific rights and obligations, for example, the contract of indemnity, guarantee, agency and partnership. The emphasis on these areas is because they play a crucial role in commercial transactions and a strong conceptual foundation in these areas is likely to be invaluable in practice.
This course covers topics in the legal history of colonial India and the early post-colonial state from the late eighteenth century conquests of India by the British till after the promulgation of the Indian Constitution in 1950. The main thrust of the course is to trace colonial legacies as well as departures in the modern Indian legal system. The course begins with the ways in which a modern legal system was installed in close conjunction with the colonization of the South Asian subcontinent. The simultaneous and closely intertwined transformation of law and society during the colonial period forms the bulk of the course. These transformations were wide-ranging and momentous – from property to the family, from religion to labour – we continue to live with many of its consequences. Indeed, we end by studying the surprising degree to which the Indian constitution continued the traditions of the colonial state.Through the semester we look at the intersection of law with gender, race, class and culture through major legal landmarks. The course also emphasizes the importance of understanding how legal subjects came into being—subjects like ‘religion’, ‘widow’, ‘criminal tribes’ et al. This course is an advanced history course building on learning outcomes from History 1. Students are expected to have a foundation in modern Indian history with a strong sense of time and context, and to be able to read of both primary and secondary sources at a more advanced level.
Family Law I
This course is an exploration of the complex realm of family laws with a quest to unravel the interface between meta-narratives of justice (through laws of and within family) and the lived realities of the individuals. There will be a constant attempt to comprehend and expose the claims of formal equality by appreciating the meaning(s) of justice for different subjects of family law. The course intends to grapple with the notion that law leads to justice and hence dispel the myth that reform in bad law will definitely produce justice. In this backdrop there will be an attempt to explore the critical relationships between religion and law, law and society and law and gender to initiate a discussion into how to/not to do law reforms in the sphere of family.
Law of Crimes (Indian Penal Code)
This course is a mandatory course for 5yr BA.LLB and LLB- students and will serve as an introduction to law of crimes. It will seek to provide a basic overview of the Indian Penal Code and the basic concepts in understanding law of crimes so as to equip the students with an understanding of the fundamental problems of Indian and comparative criminal law.
This course aims to provide basic groundings in the current macroeconomic issues of the global economy. In the process, this course aims to familiarize the students of law with the fundamental principles of macroeconomics. The approach of this course is to critically look at the standard theories, policy recommendations and responses. Also, this course makes anattempt to contextualize the discussionin and around the experiences of the third worldcountries-especially India.
The Property Law Course at JGLS conforms to the Bar Council of India’s prescribed curriculum and focuses on the law governing transfers of property inter vivos – i.e. between living persons. It is intended to familiarize students with the various sections of the Transfer of Property Act 1882 (TPA), with some attention given to the laws of Stamps, Registration and Easements. Accordingly a bulk of the time allocated for this course will be spent discussing and analysing the various sections of the TPA. Students who take this course can expect to emerge with a sound theoretical knowledge of the TPA and functional knowledge of the Stamp and Registration procedures. This would enable them to draft basic documents of transfer such as sale, lease, mortgage and gift agreements. In addition the course will also introduce students to the debates surrounding the Right to Property under the Constitution of India and deal briefly with contemporary issues such as land acquisition and urban real estate development.
Constitutional Law I
The course introduces students to some foundational debates running through Indian constitutionalism. These debates intersect in concentric layers and can be analyzed as tensions of constitutionalism and democracy, and also specifically under the rubric of fundamental rights and directive principles of state policy, individualism and social welfare, freedom and equality, judicial review and parliamentary sovereignty, constituent powers and self-determination. The contestations are very much evident under the two important rights of freedom and equality that will be discussed. The core of these debates is about the philosophical conception of rights and the Indian Supreme Court’s expansive interpretation of social and economic rights. It demonstrates that constitutional law is not a mere framework of limiting State power, but it consciously seeks to achieve egalitarianism and social justice.
What is law? How is law “lived”? How is law “thought”? Does law have a universal meaning or does it shape-shift in different historical, political, cultural and economic contexts? How can the study of jurisprudence advance our understandings of law? In this class, we explore the various ways in which the question ‘what is law?’ has been addressed in legal scholarship and how these different approaches impact the way in which we understand as well as practice law. Literally translated, jurisprudence means ‘wisdom about the law’. This course aims to do just what it says on the tin. But if this is the course that makes one wiser about the law what about everything else studied in law school? To be sure, they too do make the student wiser, but about specific areas and doctrines in the law, about specific legal regimes and the like. Jurisprudence, on the other hand, is a general reflection about the law which is undertaken at a certain level of abstraction. Such being the nature of the jurisprudence, it involves forays into the many areas on the intersection of which the law is situated e.g. philosophy, sociology, economics and politics. This course will emphasize more on philosophy, by which I mean that we will emphasize on philosophical reflections on the law by philosophers, more than economists and sociologists etc
Criminal Procedure Code
This course is meant to be an overview of the Code of Criminal Procedure 1973 (CrPC) which underpins the functioning of the criminal justice system. Students will be taught the procedure to be followed by the police, the courts and other stakeholders when a crime has been committed or is suspected to have been committed. Starting from the filing of an FIR right to the investigation of the crime to the trial and sentencing of the accused, the students will be given a complete overview of criminal procedural law.
Family Law II
This course deals with the law of inheritance, intestate and testamentary succession, gifts, wills, etc. in India. The first part of the course explores the Hindu succession law and deals with the Hindu joint family system and the Hindu Succession Act. The second part of the course deals with transfer of property under Muslim law, and includes the concepts of gifts and wills under Muslim law and the law of inheritance and succession under the two major schools of Muslim law: Shia and Sunni
Public International Law
Public International Law studies legal interactions and exchanges among different actors across state borders. While there are no pre-requisites, this course may build usefully upon the basic understandings of state, government, sovereignty, power and conflict that have already been encountered by students in social science, philosophical and legal subjects, and extends these foundations to the international sphere in the distinctive way that theorists and practitioners of public international law have built this field in response to both international politics and domestic law. The syllabus traverses the principal theories of PIL and then goes into application in the two main sub-sections of The Nature Of International Law; Sources of International Law: (I) Treaties, Customs and other sources Of International Law; (II) International Law And Municipal Law; Sovereignty: State and International Law; UN Charter System: Security Council, ICJ; International Organizations And Treaty Regimes: WTO, European Court; Individuals and International Law: What are the subjects of International Law?; State Responsibility; Diplomatic Protection and Sovereign Immunity; Law of Treaties; Peaceful Settlement of Disputes; Use of force. Limits of Public International Law, including a brief discussion on areas of PIL - such as IHL, HRL and ICL.
Constitutional Law – II
This course beings with an examination of the nature of the Indian Union. Is the Indian Union a ‘federal’ union, in terms of a ‘federation’ as traditionally understood and what is the view the Supreme Court of India has taken on it. It then examines the constitutional sphere of authority of all executive, legislative and judicial branches of the Indian State under the Constitution as interpreted by the Supreme Court. It then examines the Trade & Commerce clauses, Taxation clauses, Emergency clauses and the Amendment clause of the Constitution and the way in which questions arising out of these clauses have been judicially reviewed. It ends by an examination of the constitutional position of other constitutional institutions viz. the Comptroller and Auditor General of India, the Election Commission of India, the Attorney-General for India, the Finance Commission of India etc.
Civil Procedure Code
This course is meant as an overview of the Law of Civil Procedure that provides the mechanism for how the civil court system functions . The course builds upon the knowledge of substantive contract and transfer of property law already acquired by the students. The course aim is to orient itself in practical and instrumental terms. The Constitutional and Jurisprudential issues connected with the Civil Procedure will be studied as an ancillary of the course though a more in-depth analysis of those issues lie with Constitutional Law courses. The instructor also intends to cover some topical issues like delay in the justice system, recent new developments in laws of injunctions etc.
The class will primarily analyse case laws and theoretical articles. The seminar style will be followed in this class. The class will discuss and critique articles on administration law such as Baxi’s historical analysis of administrative law or Professor Mashaw’s account of administrative law. It will also discuss the Indian Supreme Court’s decisions on administrative law from a doctrinal as well as a political and historical perspective. This discussion will focus on whether concepts such as delegated legislation, natural justice, control of Executive’s powers have been correctly or consistently applied by the Indian Supreme Court. Could the concepts have been interpreted differently? The course will try to analyse contemporary issues in an attempt to make the course topical- for example the class will consider issues of delegated legislation in the pending Food Bill or the control of administrative discretion in the 2G Scam Case. The course will also be comparative to an extent and it will compare Indian case laws with English case laws and articles. The course will deliberate on the modern regulatory State and how the vulnerable can be protected from its excesses through legal mechanisms.
Jurisprudence is presented in most standard text books as a set of narratives arranged in a chronological order—primitivism, naturalism, positivism, historicism, realism, rationalism etc. All these narratives are about the functions of law in a given society. Each narrative claims to be complete in itself (a cosmology). However, these narratives contest for prominence by critiquing other narratives, mostly the one immediately preceding. These critiques are mostly epistemologically motivated—that is they are disapprovals of certain narratives about the functions of law in certain societies. Over time, they become internal critiques and are less constructive than they should be, e.g., the positivist critique of naturalism, the realist critique of positivism, etc. Most of the time, they tend to explain law from universalizing perspectives of institutions like the state or God, for example, and failing to relate with law from the experiential perspectives of peoples and communities. The central focusof Jurisprudence I was on the analytical tradition in the study ofjurisprudence. There are rival traditions of jurisprudence which have a different point ofdeparture –in terms of locations, orientations, temperament and politics. These rival traditions form part of other epistemological and ontological cosmologies that approach and engage with ‘the law question’, asit were, in ways that converse with and counter the analytical tradition, as well as build jurisprudential traditions that are not necessarily reactive to the limitations or discontents of the analytical canon. This body of jurisprudence, can loosely be categorized under the sign of the ‘critical’, and it resists classification as a canon. In Jurisprudence I, the Critical Legal Studies movement provided some glimpses into aspects of one critical jurisprudential tradition. Jurisprudence II will offer a much deeper exploration of a key set of critical approaches to law and legal scholarship. These key approaches have been categorized either on the basis of the works of particular thinkers (Marx, Foucault, Derrida Habermas), or that of particular political ideas (Feminism, Marxism, Postmodernism, Postcolonialism, Anti-Racism, Decolonization). Rather than going with preexisting broad conceptualizations of these approaches, the course brings together clusters of relevant writings on each perspective. The focus onthe chosen writings is aimed at appreciating the phenomenology of critical thinking ingeneral and how that phenomenology relates to law.
Law of Evidence
This course is an introductory course on law of evidence which is one of the most fundamental branches of law. The course will aim at developing the capabilities to understand and apply the general principles of relevancy and admissibility. The course serves a dual purpose- One, to technically equip students to be able to read the legal text and apply the same in actual cases. Second, the course aims to scrutinize certain areas of evidence critically so as to infuse the spirit of questioning and law reforms.
Moot Court and Trial Advocacy
Labour Law- I
Labour and Industrial Law comprises of the policy measures directed to the overall welfare of the citizens of India. The study of labour and industrial law gives an overall understanding about how the concept of social justice and social security are integrated in the labour legislations. These legislations are inherently complex in nature where a balance needs to be struck between the requirements of labour welfare and economic growth. In India, the challenges are greater than the developed nations due to the socio-economic conditions and therefore, the guidelines provided by the International Labour Organisation in this regard are useful to re-structure our labour legislations keeping the national and international issues in mind.
The course will examine how corporate law governs the formation, operation, governance and dissolution of companies. In doing so, it will also analyze whether corporate law fulfills the larger goal of balancing the interests of various stakeholders (i.e. the shareholders, employees, suppliers, customers, environment, local communities and other relevant third-parties).
Intellectual Property Law (IPR)
This course offers an introduction to Intellectual Property Law (IP). In addition to familiarizing students with the fundamentals of IP law and the various rights and subject matters that comprise this broad legal category, the course while focusing on the major forms of IPR, particularly copyrights, trade marks and patents; shall explore the theoretical premises, principles, and policies that underpin IP systems. The course will combine two primary activities: in-class lectures and discussions, and follow a case-method of teaching with assessment component inclusive of writing case briefs on case law from the United States, United Kingdom, and India, as well as certain other jurisdictions. The guidelines for drafting the case brief will be shared in the second week of the course. Materials studied include classic and modern case laws from the Indian, Anglo-American and continental European legal systems as well as journal articles and book extracts. Power-point lecture modules, anecdotal and literary excerpts, films, workshop-format interactions with experts will contribute to the holistic treatment of the subject.
This course will explore the theories, legal materials, issues, systems, and debates that animate environmental law and ecological policy discourse in India and in varying local, regional and global contexts. This course will focus on three aspects; first an introduction to the subject in terms of tracing the history of the environment movement and environmental law scholarship. This involves, consideration of horizontal aspects (ethics, theories, general principles and legal sources, macro-issues) and vertical aspects (specific areas/fields/case-studies such as pollution, air laws, water laws, land laws, biodiversity, animal rights, desertification, climate change, indigenous people, sustainability, heritage, management of hazardous substances, development, transgenic agriculture, trade, scientific uncertainty etc.). City-specific and urban aspects of environment law will be given equal attention along with aspects pertaining specifically to rural and non-urban landscapes. At the end of the course we aim to better understand how to conceptualize nature, culture and our (past, present and future) place in the universe.
Alternative Dispute Resolution
Alternative Dispute Resolution is an alternate method to conventional litigation to resolve disputes between parties. It has gained immense popularity and is mostly used by businesses to settle disputes faster rather than wait for years in a court of law. There are various alternative dispute resolution methods that have evolved over a period of time such as arbitration, mediation, conciliation and negotiation. Each method has its own advantages and it is absolutely essential to gain knowledge of these different techniques.
This course will examine the constitutional scheme validating the taxation mechanism in India and the financial relations between the Centre and the states from tax perspective. The course will also examine the role of tax laws in framing the fiscal and trade policies of the nation. A broad study of direct and indirect taxes will be undertaken. Further, students will be introduced to the principles of and the contemporary developments in international taxation. The course will then illustrate the role of Indian courts in curtailing arbitrary taxation by the authorities and ensuring effective implementation and valid interpretation of the tax laws.
Drafting, Pleading and Conveyancing
Legal proceedings progress by filing appropriate documents at every stage. Drafting of a legal document is an art and acquiring working knowledge in this demands application of skills of a higher order. The present coursework on Drafting, Pleadings and Conveyancing aims to acquaint students with fundamentals of drafting, pleadings and advocacy techniques. It is designed to provide practical orientation and inculcate among students, the necessary acumen in drafting legal documents both for court purposes and otherwise. Students will also learn to select the appropriate legal document based on the legal proceeding or the transaction, format of the document, tone and tenor of the language to be used and the art of developing the content of the document in light of the various controlling legal provisions
Labour Law- II
Protection of labour is a constitutional mandate. A constitution inspired by the vision of social justice is committed to the cause of upliftment of labour. Well balanced industrial development leads to increased productivity which in turn is a factor of national progress. Labour makes significant contribution in this respect. Is labour merely a commodity? Is it only a factor in production? There may be different approaches towards this question. One fact is certain. Today's labour is engaged in a battle for position of honour and status equal with management. The law and practice relating to labour is the story of this battle. In this context, the study of labour law has its aim on the societal impulses on, and state reactions to, the complex socio-economic, human and political problems arising out of the constant conflicts between different classes. The student should get an insight into the mechanics of socio-legal control of labour relations and should be aware of the history, the present norms, the emerging areas and possible future techniques of labour jurisprudence.
Interpretation of Statutes
This course introduces students to various theories of judicial process and canons of statutory interpretation. The aim of the course is to enable students to understand and apply various rules of interpretation. The course will also engage with various judicial approaches towards the use of canons of construction and the implications of these approaches. This course is a cross-cutting one, relevant to the understanding of statutory interpretation and judicial process in all other law courses. The course also holds relevance for legal practice by students in future as it aims to improve legal reasoning. Students will learn how to channel their legal arguments through the use of rules of interpretation, thus learning how to draft good legal memos as lawyers or write sounds judgments as judges. The course will also engage with various aspects of legislative drafting. A study of the canons of construction and their judicial interpretation will reveal how ambiguities in the statute create difficulties in interpretation. Further, there are inherent limitations of the legislature and the law making process. Aiming to develop an awareness of these limitations and an understanding of the rules of interpretation, the course will encourage students to critically think about better ways of drafting legislative provisions so as to give better guidance to the persons it applies to, law enforcement officers and judges. The various theories of judicial process and interpretation will be introduced through the study of scholarly articles. The cannons of interpretation will be taught through a case based study. The specific canon will be introduced followed by an examination of cases as examples of the application of the canon. The emphasis will be on logical reasoning and the ability to apply the canons to reach a conclusion, instead of the correctness of the conclusion.
Human Rights Law and Theory
The aim of this course is to provide students with an understanding of the nature, scope and practical application and enforcement of modern international human rights law and some of its theoretical components. The first part of the course examines the origins, development and history of human rights. During this part of the course students will explore the nature and events that lead to the birth of human rights as we know them today. Challenges to the development of rights and the simultaneous development of equality will be addressed. The second part of the course examines the origins, development and key principles that underpin modern international human rights law. During this part of the course students will explore the nature and scope of obligations and duties under international human rights law. We will also touch upon some of the tensions, problems and manifest contradictions involved in translating the theory of human rights into practice. The third part of the course examines the UN human rights protection system and thematic areas of rights including religion, torture, reproductive rights and the right to education. During this part of the course we study the UN Charter and Treaty-based human rights bodies. Students will critically evaluate the work of international human rights bodies. Students will also learn about regional human rights mechanisms and the obligations of the state to implement international obligations at the domestic level. The final part of the course considers the future of human rights from both a theoretical and practical implementation perspective. It will challenge the founding aims of the UDHR, the plausibility of a truly universal system and ask where global resides in order to consider the future role of the UN.
International Trade Law
While trade liberalization has opened up world trade to freer competition, a number of domestic measures have been adopted across jurisdictions to block market access opportunities on the ground of unfair pricing. Products including iron and steel, semiconductors, textiles and clothing, chemical products and a number of agricultural products from developing countries, transition economies and leading industrialized countries have been increasingly subject to various trade remedy measures. Antidumping is one of the most commonly used trade remedy actions under the WTO. Handling trade remedy investigations is quite complex and requires legal, economic and accounting knowledge. Some aspects of this course have features significantly common to competition law. One such example is the determination whether exporters have resorted to international price discrimination practices which are fairly similar to “predatory pricing”. However, antidumping has emerged as a unique discipline with a rich jurisprudence both under the WTO dispute settlement and other specialized tribunals. The course will examine a number of domestic and international trade disputes, including WTO disputes such as EC-Bed Linen, US- Hot-rolled Steel, US- AD/CVD and US- Carbon Steel (India). The course will also examine some of the domestic disputes in some of the key jurisdictions such as India, U.S. and the EU. Two case studies have been specifically designed to provide a better understanding of this topic.
This course will analyse the professional ethics as prescribed by the Bar Council of India. The course will focus on the underpinning of the prescribed ethical rules and debate the same. It will focus on Indian case laws as well as global debates in the field of legal ethics so as to make the course comparative and engaging. Aims : It is intended that by the end of this course the students are able to not just understand the relevant professional ethics but also debate them and critique them and identify if there is scope for improvement in the field of professional ethics