MPhilPh D Law

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Syllabi of Ph.D.

in Law Course Work


2

Introduction:

The course work for the doctoral research has been made mandatory by
the UGC. Therefore, Shivaji University, Kolhapur has decided to
implement it immediately with effect from academic year 2011 and
onwards. The course work is designed to support, motivate and encourage
quality research. By undergoing this course work, the student will get
equipped with fundamentals of research methodology, better
communication skills and also the recent developments in the field of
specialization of the respective areas.

Another objective of introducing the Course work as a Pre-Ph.D.


requirement is to facilitate Research Scholars to understand the nature of
the complexities and challenges that they are likely to encounter during
the research. The idea is to introduce research scholars to a variety of
methods of analysing data, interpretation techniques so that they may
exercise their discretion to choose the most appropriate tools for
investigating a particular topic/area/subject. Scholars would also need
certain skills to represent, write-up, extricate and excavate the results of
the data that they have accumulated. Training in the use of language,
qualitative and quantitative methods of data presentation will be
introduced in this course work. This is to enable scholars to present their
research findings to meet effectively.

The course work has to be completed by the student in a satisfactory way


before submission of his/her Ph.D. thesis within two years from the year
of his/her registration.

1. TITLE: “Ph.D. Course Work in Law”


Subject: LAW

2. YEAR OF IMPLEMENTATION: New/Revised Syllabus will be


implemented from June 2011 onwards.

3. PREAMBLE:
Syllabus for Course Work that forms part of the integrated M.Phil/
Ph.D. Programme comprises 3 components.
a. 1. Research Methodology
2. Quantitative Methods
3. Computer Application 100 Marks
b. Recent Trends in subject concerned 100 Marks
c. Optional papers (based on specialisation) with 80 marks of
University examination + 20 marks for presentation of a
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review on published research papers from national /


international journals on the concerned specialised areas.
The Departments should identify some specialised research
papers and prepare their syllabi. The same should be
approved by the RR Committee/BoS/Ad hoc Boards as the
case may be.
4. DURATION:
The Ph.D. Course Work in Law Programme is of One Year.
5. PATTERN:
Pattern of Examination will be Semester type in respect of Ph.D.
6 FEE STRUCTRE: (as applicable to regular/self supporting
course)
i. Entrance Examination Fee (If applicable) – Rs.
(Non-refundable.
ii. Course Fee. Rs.------------ per year per candidate.
Particulars Rupees
Tuititon Fee
Laboratiry Fee
Internet Fee
Library Fee
Annual / Semester Fee – Per
student
6. ELIGIBILITY FOR ADMISSION:
The candidates whose Ph.D. admissions have been approved by
the R.R.Committee.
7. MEDIUM OF INSTRUCTION:
The Medium of instruction shall be in English or Marathi.
8. STRUCTURE OF THE COURSE WORK FOR Ph.D.
(No. of Papers - THREE)

Sr.
Subjects / Papers Marks
No.
1. Research Methodology 100
2. Recent Trends in the Subject concerned 100
3. Optional Paper (Based on 100
Specialisation)
Total 300
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9. SCHEME OF TEACHING AND EXAMINATION:

Subjects / Papers Examination Scheme


(Hrs/Week) (Marks)
Sr. No. L T P Total Theory Term Total
Work

1. 15 - - 15 100 - 100
2. 15 - - 15 100 - 100
3. 12 1 2 15 80 20 100

10. SCHEME OF EXAMINATION:


a) Candidate should fully interact in the class programmes.
b) Candidate should compulsorily have min. 75% of
attendance.
c) Candidate should complete and submit Tutorials,
Assignments, etc which will be given to him/her.
d) Candidate should actively participate in all the practical
works such as presentations, simulations, etc.
e) Candidate should compulsorily conduct field work
whenever they are asked to do so.
f) The examination shall be conducted at the end of each
Term/each academic year.
g) The Theory paper shall have 100 marks in case of Paper I
& II and 80 Marks in case of Paper III.
h) The evaluation of the performance of the students in
theory papers shall be on the basis of Annual
Examination of 100 or 80 marks as the case may be.
i) Question paper will be set on the basis of each unit of
each paper.
j) The nature of question paper for the subject/paper shall
be as indicated below:
a) Short answered questions
b) Long answered questions
c) Short notes
d) Solutions / exercise oriented questions/ Problems
k) The student should write the answers in English except
languages.
l) The student has to secure minimum 40% marks to
complete the course work in individual head (a), (b) and
(c) stated in (C) above.
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11. STANDARD OF PASSING:


Minimum passing should be 40% out 100 or 80 marks in case of
theory and 40% out of 20 in case of practical marks based on
separate head of passing.

In case the student fails, the practical marks will be carried forward
in the respective subject and he/she should appear for theory paper
only.

12. NATURE OF QUESTION PAPER AND SCHEME OF


MARKING:
a) In the case of 100 marks theory paper:
1. Eight Questions will be asked based on all the four units.
2. Out of eight, the candidates have to attempt any five.
3. Question No.5 will be compulsory.
4. Question No.5 will be based on short notes.
5. Each Question may carry 20 marks each.

b) In case of 80 marks theory paper:


1. Six Questions will be asked based on all the four units.
2. Out of six, the candidates have to attempt any four.
3. Question No.5 will be compulsory.
4. Question No.5 will be based on short notes.
5. Each Question may carry 20 marks each.

c) In case of 20 marks Practical Paper:


1. Candidates must actively take part in practical work such as
field work, seminar, tutorials, Group Discussion, Review
of published papers, etc. which will carry 15 marks.
2. 5 marks will be allotted to the attendance to the above
programmes.

13. EQUIVALENCE IN ACCORDANCE WITH TITLES AND


CONTENTS OF PAPERS (FOR REVISED SYLLABUS)
NIL

14. SPECIAL INSTRUCTIONS IF ANY:


NIL
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M. PHIL AND PH.D COURSE WORK

Compulsory Paper

COMMON SYLLABUS FOR

SOCIAL SCIENCES (ECONOMICS, SOCIOLOGY, POLITICAL SCIENCE, HISTORY,


JOURNALISM, MASS COMMUNICATION),

COMMERCE AND MANAGEMENT,

EDUCATION, LAW, AND WOMEN STUDIES

Year of Implementation: from June, 2011

Paper –I (Compulsory)

Research Methodology, Quantitative Techniques, and Computer Application

Preamble:

Research at M.Phil. / Ph.D course is essential for the subjects (i.e. History,
Economics Commerce, Women studies and Journalism etc.). It finds selection
to the problems in the field as well as equip the students with research theory
and skills for conduct of research at doctoral, post doctoral levels and
undertake need based research projects and for the development of the
society as a whole. The transaction tools like; discussion, group work, seminar,
use of web resources, library resources can be used for teaching the paper.

The course work of this paper will be taught in total 60 contact


hours/days. Each unit will be taught in 15 contact hours/days. The contact
hours allotted to each unit are adjustable to the total contact hours.

The course work for M.Phil./Ph.D is categorized into four components;

(a) Research Methodology with 30 marks’ weightage

(b) Quantitative Techniques with 30 marks’ weightage and

(c) Computer Application with 20 marks’ weightage

(d) Practical on QTs and Software application with 20 marks’


weightage.
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(Important Note: Teaching can be shared by couple of Departments; means


the Department, which is unable to teach this paper, can send their students
to other Departments with request to a particular Department and a copy
sent to the University office. While doing so the number of students in the
combine class should not go more than 50.)

Unit- 1: Fundamentals of research

(a) Basic principles of research


(b) Theory building, facts, concepts, constructs and definitions
(c) Valuable and its attributes
(d) Ethics in research
(e) Preparation of proposal
(f) Review of literature, formation and types of hypothesis and testing of
the hypothesis
(g) Research designs, sampling designs, methods, techniques and tools of
research
(h) Creativity, innovation, originality and advancement of knowledge and
application to the society
Unit- 2 Communication and evaluation of research

(a) Report writing and the writing of research papers


(b) Presentation of research proposals
(c) Evaluation of research report
(d) Presentation of research : Oral and Written (abstracts/synopsis)
Unit- 3 Quantitative Method

(a) Use of quantitative method in research


(b) Types and sources of data
(c) Data analysis for specific type of data
(d) Tabulation and graphical representation
(e) Central tendency
(f) Dispersion
(g) Correlation
(h) Regression
(i) Use of chi square
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(j) Steps involved in applying chi—square test


(k) Non parametric or free distribution tests
(l) Testing of hypothesis for non parametric data
Unit- 4 Computer application for research

(a) Word processing


(b) Data processing
(c) Graphical processing
(d) Use of web-2 tools for research
(e) Use of excel
(f) Use of SPSS
(g) Use of graphical software
(h) Use of multimedia tools
References

Gupta S.C, Fundamentals of Statistics, Himalaya Publication House, Bombay

Rajaram V. (1996), Fundamentals of computers, Prentice Hall of India, New


Delhi

Sanders D.H. (1981), Computer Today, McGraw Hill, New York.

Sinha P.K. (1992), Computer Fundamentals, BPB Publications, New Delhi.

Engalhart Max D. (1972), Methods of educational Research, Rand McNally


and Company, Chicago

Coburn Peter and others (1982), Practical guide to Computers in Education,


Addison Wesley Publication Company, California

Entustle, N.J. (1974), The Nature of Educational Research, Educational studies,


A third level course, Methods of Educational enquiry, Block 1, The Open
University Press, Walton Hall, Milton Kenya.

Galtung Johan, (1974), Theory and Methods of Social Research, George Allan
and Unwin Ltd., New Delhi

Kothari C.R.,(2008), Research Methodology- Methods and Techniques, Wiley


and Eastern Ltd., New Delhi,
9

Mason Emanual J. and William J. Bramble (1978), Understanding and


Conducting Research, Aplications in education and the Behavioral Sciences,
McGraw Hill Book Company, New York

Mouly George J. (1964), The Science of Education Research, Eurasia


Publishing House, New Delhi

William Philip at. Al (1973), Evaluation and Assessment of educational Studies:


A third level course methods of educational enquiry, The Open University
Press, Walton Hall Blethaley Buckinghamshire

Mariampolski H.(2001) Qualitative Market Research – A Comprehensive


Guide Sage Publication, India Ltd, New Delhi

Black Thomas (2001), Understanding Social Science Research, Sage


Publication, India Ltd, New Delhi

Fern Edward F.(2001) Advanced focus Group Research, Sage Publication,


India Ltd, New Delhi
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Paper – II
Recent Trends in Law (100 Marks Theory)

Unit – I Climate Change and Sustainable Development 15 Hrs


1.1 National Policies and Legislation
1.2 Assessing National Legal Frameworks for Bio-energy
1.3 Areas of Regulation Relevant to Bio-energy
1.3.1 Environmental Protection Measures
1.3.2 Measures for Economic and Social Development
1.4 Features of National Bio-energy Laws
1.4.1 Institutional Structure
1.4.2 Bio-fuels Market Regulation and Standards
1.4.3 Incentives
1.4.4 Trade Regulation
1.4.5 Bio-energy Research and Development

Unit – II Trends in Banking system in India 15 Hrs


2.1 Information Technology Act 2000
2.2 Automation and Legal Aspects
2.3 Smart Card
2.4 Use of Expert System
2.5 Credit Cards
2.6 On-line Banking – problems and perspectives

Unit – III Emerging Regime of New Rights and Remedies 15 Hrs


3.1 Reading Directive Principles and Fundamental Duties into
Fundamental Rights
3.2 Commercialisation of Education and its Impact
3.3 Brain drain by Foreign Education Market

Unit – IV ADR (Alternative Dispute Resolution) 15 Hrs


4.1 Introduction to ADR
4.2 Key concepts in Dispute Resolution
4.3 Disputes:
4.3.1 Kinds of Disputes
4.3.2 Dispute Resolutions at grass root levels:
4.3.2.1 Lok Adalats
4.3.2.2 Nyaya Panchayaths
4.3.2.3 Legal Aid
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Bibliography:
1. P. C. Rao and William Shefield, “Alternative Dispute Resolution”
2. Any Standard Book on the Constitution of India.
3. Basu, “A Review of Current Banking Theory and Practice,
McMillan.
4. M. L. Tannan’s, Tannan’s Banking Law and Practice in India,
Indian Law House, New Delhi.

Paper – III
Optional Paper (Based on Specialisation) (80 Marks Theory)

Note: Optional papers are based on specialization consisting of four


groups viz., Human Rights and Values in Education; Criminology;
Constitution of India; Intellectual Property Rights. This paper will be for
80 marks of University examination + 20 marks for presentation of a
review on published research papers from national / international journals
on the concerned specialised areas.

Unit – I Human Right and Values in Education 15 Hr


The Role of NGOs in Protection of Human Rights
In India : An Appraisal : By – Anand Kumar Tripathi
1.1 Custodial Death : A Crude Action of Human Rights
Violation : By – Dr. Pawan Kumar Mishra
1.2 Human Rights and Women : Problems and Perspects:
By – Sanjay Kumar Singh
1.3 Protection of Refugees in India:Critique : By – Babu Sarkar
Unit – II Criminology 15 Hrs
2.1 DNA Profiling and the Forensic use of DNA
Evidence in Criminal Proceedings
By – Subhash Chandra Singh
2.2 Crime, Punishment and Sentencing: New Strides
(Indian Perspectives): By – Mehraj Uddin Mir
2.3 Criminal Justice in India: Primitivism to
Post-Modernism : By – A. Lakshminath
2.4 “Rapist and Death Sentence: A Review”\
By – Dr. Santosh Nandal
Unit – III Constitution of India 15 Hrs
3.1 Basic Structure of the Indian Constitution:
Doctrine of Constitutionally Controlled
Governance [From Kesavananda Bharati to
I. R. Coelho]

By – Virendra Kumar
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3.2 Fundamental Right to Education: By – P. P. Rao


3.3 Free Press and Independent Judiciary: Their Juxtaposition in
the Law of Contempt of Courts: By – Virendra Kumar
3.4 Right to Information as a Fundamental Human Right
- Legislative and Judicial Perspective: By – Dr. Dilip Ukey
Unit – IV Intellectual Property Rights 15 Hrs
4.1 Right to Personal Freedom in Digital Environment:
A Copyright Perspective: By – Fareed Ahmed Rafiqi
4.2 Protection of Trade Secrets and Undisclosed
Information: Law and Litigation: By – D. S. Sengar
4.3 Stem Cell Patenting - Law and Policy: By – A. Lakshinath
4.4 Protection of Copyright Through Law in Internet Age – New
Challenges: By – D. S. Prakasarao

Suggested Bibliography:
1. Journal of The Indian Law Institute, The Indian Law
Institute, New Delhi – 110 001.
2. Law Quest Quarterly Journal of The Law Department,
University of Mumbai
3. Indian Human Rights Law Review, R. Cambray & Co.
Private Ltd., Kolkata – 700 013.
4. The Criminal Law Journal, All India Reporter (Pvt) Ltd.
5. KULR, Kashmir University Law Review 2009, Department
of Law, University of Kashmir, Srinagar.

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