Annexure IX Faculty of Law Osmania University LL.M. Syllabus (Revised w.e.f. the Academic Year 2017-2018) Duration : 02 Years Total No. of Semesters : 04 Duration of each semester : 15 weeks BRANCH-I Jurisprudence Year Semester/ Paper No. Paper Marks in End Semester Exam Marks in Internal exams Total Marks First Year- First Semester I/I Schools of Jurisprudence and Theories of Law 80 20 100 ʺ I/II Sources of Law 80 20 100 First Semester II/III Hindu and Muslim Jurisprudence 80 20 100 ʺ II/IV Theory of Legislation and Interpretation of Statutes 80 20 100 Second Year-Third Semester III/V Legal Research Methodology 80 20 100 ʺ III/VI Fundamental Legal concepts 80 20 100 Second Year-Fourth Semester IV/VII Legislative Drafting 80 20 100 ʺ IV/VIII Indian Constitutional Law: The New Challenges Thesis 80 20 100 ʺ IV/IX Dissertation 160 for thesis 40 for 200 Grand Total 1000
SEMESTER-II PAPER-III Hindu and Muslim Jurisprudence UNIT-I Nature of Hindu Jurisprudence – Hindu Concept of Law – Meaning and sources of Dharma – Dharma and Positive Law – Nature of Dharma Shastra – Sources of Hindu Law – Vedas as Fundamental sources of Hindu Jurisprudence - Importance of Shastra Literature – Dharma Sutras as basis of Hindu Jurisprudence – Importance of Dharma, Sutras of Gautama, Apastambha, Boudhayana and Vasistha Unit - II Smritis as sources of Hindu Law – The importance of Smritis- Manu smriti, the foundation of the orthodox system, influence of Manu smriti in other countries. Yajnavalkya smriti record of liberal juridical norms controversy regarding Manu Dharmasastra. Importance of Yajnavalkya Smrithis – Comparative study of Manu, and Yajnavalkya with regard to political theories, civil law, law of crimes and position of women – contribution of Narada, Brihaspati and Katyayana – Arthasastra of Koutilya – Tikas and Nibandhanas as sources of Hindu Law – schools of Hindu Law – importance of Mitakshara, Dayabhaga, Vyvahara Mayuka, Smriti Chandrika, Dattaka Chardika and Dattaka Mimamsa – Custom, judicial Decisions and Statutes as sources of Hindu Law. UNIT-III Nature of Muslim jurisprudence –history and sources of Muslim Law – The Quran – Traditions – Ijma _Qiyas _Istihasan – Istidlal and Istislah – Ijtihad and Taqlid. UNIT-IV
Unit-II Relation between public opinion and legislative formulation – the growth of collectivism – twentieth century legislative trends – judicial legislation – effect of Judge-made law on Parliamentary legislation – Relevance of John Rawls and Robert Nozick – Individual interest to community interest. Law making for social change – the interactions of legal and social change. Limitations on Legislative Authority – Doctrine of Laissez Faire – Doctrine of Natural Rights – Doctrine of Reasonableness – Doctrine of Basic structure of the Constitution – The views of Positivists and Naturalists. Unit-III Meaning of the term ‘Statute’ – Meaning of interpretation – Need and Purpose of interpretation of statutes – the subject matter of statutory interpretation – commencement, operation, expiry and repeal of statues – kinds of statutes – internal and external Aids to interpretation – General Rules of construction under the General Clauses Act, 1897. Basic rules of Interpretation – Literal Rule – Golden Rule – Mischief Rule – rule of Harmonious construction – secondary rules – Noscitur a sociis- Ejusdem generis – expressio unius rule. UNIT – IV Restrictive and Beneficial construction – Interpretation of Penal Statutes – Interpretation of Welfare Legislations – Interpretation of Taxing Statutes – Interpretation of Statutes conferring powers- Interpretation of codifying and consolidating statutes – Interpretation of directory and mandatory provisions – Interpretation of substantive and procedural statutes. Presumptions in Statutory Interpretations; principles of Constitutional Interpretation Construction – Doctrine of Pith and substance – Colourable legislation – Ancillary powers – occupied field – Residuary power – Doctrine of Repugnancy – Doctrine of Eclipse – Doctrine of Severability –
Materials and Preliminaries: Study of analogous legislations that exist in other countries or in other parts of the country – Legislation that already exists on the subject – study of judicial decisions – Constitutional law issues – International treaties-Classification of Statutes : constitutional statutes – taxing statutes – penal statutes – statutes dealing with local government – statutes dealing with particular corporations- statutes dealing with personal law – statutes in the nature of law reforms – statutes dealing with procedure of the courts – social security statutes – repealing and amending statutes etc. UNIT-III The mechanism of an Act – various parts of a statute – long title – preamble – enacting clause – short title – extent and application – commencement clause – exceptions and exemptions – principal provisions – procedural provisions – penal provisions – provisions regarding delegated legislation – enforcement machinery contemplated by the statute – temporary provisions - repeal and saving clauses – punctuations – marginal notes- provisos – illustrations – presumptions – clauses – retrospective operation – removal of difficulty clause – fictions – explanations. UNIT-IV Some flaws in drafting: looseness – obscurity – shabbiness – unenforceability Exclusion of judicial review – use of protection clauses and finally causes – as if enacted in this Act – conclusive evidence clause. Chronology of the process in Parliament – Rules of composition for legislative drafting. Suggested Readings: Indian Law Institute, The Drafting of Laws (1980) Vepa P. Sarathi, Interpretation of Statutes (second Edition ) Allen, Law in the making, Sweet & Max well, Thomson G.C. Legislative Drafting, Butterworth’s, London Zander, M., The Law Making Process, Widenfeld and Nicholson, England Renton C’Hee Report, Preparation of Legislation, Sweet and Max Well.