PH.D. (LAW) DET Syllabus

Ph.D. (LAW) DET Syllabus Session 2021-22 A GREAT FUTURE RELIES
ON GREAT EFFORT.

UNIT 1
Jurisprudence –

• Nature and sources of law
• Schools of jurisprudence
• Law and morality
• Concept of rights and duties
• Legal personality
• Concepts of property, ownership and possession
• Concept of liability
• Law, poverty and development
• Global justice
• Modernism and post-modernism

UNIT 2
Constitutional and Administrative Law –

• Preamble, fundamental rights and duties, directive principles of state policy.
• Union and State executive and their interrelationship
• Union and State legislature and distribution of legislative powers
• Judiciary
• Emergency provisions
• Temporary, transitional and special provisions in respect of certain states
• Election Commission of India
• Nature, scope and importance of administrative law
• Principle of natural justice
• Judicial review of administrative actions – Grounds.

UNIT 3
Public International Law and IHL –

• International law – Definition, nature and basis
• Sources of International law
• Recognition of states and governments
• Nationality, immigrants, refugees and internally displaced persons (IDPs)
• Extradition and asylum
• United Nations and its organs
• Settlement of international disputes
• World Trade Organization (WTO)
• International humanitarian law (IHL) – Conventions and protocols
• Implementation of IHL – Challenges

UNIT 4
Law of Crimes –

• General principles of criminal liability – Actus reus and mens rea, individual and group liability and constructive liability
• Stages of crime and inchoate crimes – Abetment, criminal conspiracy and attempt
• General exceptions
• Offences against human body
• Offences against state and terrorism
• Offences against property
• Offences against women and children
• Drug trafficking and counterfeiting
• Offences against public tranquility
• Theories and kinds of punishments, compensation to the victims of crime

UNIT 5
Law of Torts and Consumer Protection –

• Nature and definition of tort
• General principles of tortious liability
• General defenses
• Specific torts – Negligence, nuisance, trespass and defamation
• Remoteness of damages
• Strict and absolute liability
• Tortious liability of the State
• The Consumer Protection Act 1986 – Definitions, consumer rights and redressal mechanism
• The Motor Vehicles Act, 1988 – No fault liability, third party insurance and claims tribunal
• The Competition Act, 2002 – Prohibition of certain agreements, abuse of dominant position and regulation of combinations

UNIT 6
Commercial Law –

• Essential elements of contract and e-contract
• Breach of contract, frustration of contract, void and voidable agreements
• Standard form of contract and quasi-contract
• Specific contracts – Bailment, pledge, indemnity, guarantee and agency
• Sale of Goods Act, 1930
• Partnership and limited liability partnership
• Negotiable Instruments Act, 1881
• Company law – Incorporation of a company, prospectus, shares and debentures
• Company law – Directors and meetings
• Corporate social responsibility

UNIT 7
Family Law –

• Sources and schools
• Marriage and dissolution of marriage
• Matrimonial remedies – Divorce and theories of divorce
• Changing dimensions of institution of marriage – Live-in relationship
• Recognition of foreign decrees in India on marriage and divorce
• Maintenance, dower and stridhan
• Adoption, guardianship and acknowledgement
• Succession and inheritance
• Will, gift and wakf
• Uniform Civil Code

UNIT 8
Environment and Human Rights Law –

• Meaning and concept of ‘environment’ and ‘environmental pollution’
• International environmental law and UN Conferences
• Constitutional and legal framework for protection of environment in India
• Environmental Impact Assessment and control of hazardous waste in India
• National Green Tribunal
• Concept and development of human rights
• Universalism and cultural relativism
• International Bill of Rights
• Group rights – Women, children, persons with disabilities, elderly persons, minorities and weaker sections
• Protection and enforcement of human rights in India – National Human Rights Commission, National Commission for Minorities, National Commission for Women, National Commission for Scheduled Castes, National Commission for Schedule Tribes and National Commission for Backward Classes

UNIT 9
Intellectual Property Rights and Information Technology Law –

• Concept and meaning of intellectual property
• Theories of intellectual property
• International conventions pertaining to intellectual properties
• Copyright and neighbouring rights – Subject matters, limitations and exceptions, infringement and remedies
• Law of patent – Patentability, procedure for grant of patent, limitations and exceptions, infringement and remedies
• Law of trademark – Registration of trademarks, kinds of trademarks, infringement and passing off, remedies
• Protection of Geographical Indications
• Bio-diversity and Traditional Knowledge
• Information technology law- digital signature and electronic signature, electronic governance, electronic records and duties of subscribers
• Cybercrimes, penalties and adjudication

UNIT 10
Comparative Public Law and Systems of Governance –

• Comparative Law – Relevance, methodology, problems and concerns in Comparison
• Forms of governments – Presidential and parliamentary, unitary and federal
• Models of federalism – USA, Canada and India
• Rule of Law – ‘Formal’ and ‘substantive’ versions
• Separation of powers – India, UK, USA and France
• Independence of judiciary, judicial activism and accountability – India, UK and USA
• Systems of constitutional review – India, USA, Switzerland and France
• Amendment of the Constitution – India, USA and South Africa
• Ombudsman –Sweden, UK and India
• Open Government and Right to Information – USA, UK and India