SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.

SYLLABUS FOR
MASTER OF LEGISLATIVE LAW (LL.M.)
(TWO YEARS COURSE)
(w.e.f. Year: 2019-20)

SCHEME FOR MARKS

THIRD SEMESTER
S.No. Name of Course Theory Assigned for Sessional
Total
(Including quiz)
Marks
MM MIN MM MIN
1 Judicial Process 70 28 30 12 100
2 Juvenile Delinquency 70 28 30 12 100
Collective Violence and
3 70 28 30 12 100
Criminal Justice System
TOTAL 300
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Syllabus for LL.M. (Criminal Law) Two years Course 1

 Syllabus for LL.M. (P.G.) (Two Years) Course
(i) LL.M. Ist & IInd Semester (Session 2019-20)
(ii) LL.M. IIIrd & IVth Semester (Session 2020-21)

Model Syllabus According to U.G.C. Norms

The Studenbts Shall have to Study all the four core/compulsory papers one in each
semester and Six papers form single optional group. The course design shall be:-

Semester Compulsory/Core Group Optional Total Marks

Course
First 01 Law and Social
Transformation In India 02 03 300
Second 01 Indian Constitutional
Law: The New Challenges 02 03 300
Third 01 Judicial Process 02 03 300
Fourth 01 Legal Education &
Nil
Research Methodology
Nil 03 300
Dissertation
Nil
Viva

Optional Groups : Any One of the Following :

Group-1 Criminal Law (Six Papers)

B012 - Comparative Criminal Producer (LL.M. Ist Sem.)
B013 - Penology Treatment of Offenders (LL.M. Ist Sem.)
B014 - Privileged Class Deviance (LL.M. IInd Sem.)
B015 – Drug addiction, Criminal Justice and Human Rights (LL.M. IInd Sem.)
B016 – Juvenile Delinquency (LL.M. IIIrd Sem.)
B017 – Collective Violence (LL.M. IIIrd Sem.)

Group-II Jurisprudence (Six Papers)

F036 - Comparative Judicial Procedure
F037 - Marxian Theory of Law
F038 – Socialist Jurisprudence
F039 – Concepts of Justice
F040 – Law and Society
F041 – Theories of Rights

Group-II Administrative Law (Six Papers)

K066 – Administrative Process Nature……….
K067- Administrative Process……….
K068-……….……….……….
K069-……….……….……….

Syllabus for LL.M. (Criminal Law) Two years Course 2

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)

LL.M.(Criminal Law)
THIRD SEMESTER
PAPER I: JUDICIAL PROCESS

Objectives of the Course:

A lawyer, whether academic a professional, is expected to be competent to analyse and evaluate
the legal process form a broader juristic perspective. Hence a compulsory paper on Judicial
Process ins essential in the LL.M. curriculum. The objective of this paper is to study the nature
of judicial process as an instrument of social ordering. It is intended to highlight the role of
court as policy maker, participant in the power process and as an instrument of social change.
This paper further intends to expose the intricacies of judicial creativity and the judicial tools
and techniques employed in the process.

Since the ultimate aim of any legal process or system is pursuit of justice, a systematic study of
the concept of justice and its various theoretical foundations is required. This paper, therefore,
intends to familiarize the students with various theories, different aspects and alternative ways,
of attaining justice.

The following syllabus prepared with the above perspective will spread over a period of one
semester.

Syllabus:
1. Nature of Judicial Process.
1.1 Judicial process as an instrumental of social ordering.
1.2 Judicial process and creativity in law-common law model-Legal Reasonm and
growth of law-change and stability.
1.3 The tool and techniques of Judicial creativity and precedent.
1.4 Legal development and creativity through legal reasoning under statutors and
codified system.

2. Special Dimensions of Judicial Process in Constitutional Adjudications.

2.1 Nations of judicial review.
2.2 'Role' in constitutional adjudication-various theories of judicial role.
2.3 Tools and techniques in policy making and creativity in constitutional
adjudication.
2.4 Varieties of judicial and juristic activism.
2.5 Problems of accountability and judicial law-making.
3. Judicial Process in India.
3.1 Indian debate on the role of judges and on the notion of judicial review.
3.2 The "independence" of judiciary and the "political" nature of judicial process.
3.3 Judicial activism and creativity of the Supreme Court- the tools and techniques of
creativity.
3.4 Judicial process in pursuit of constitutional goals and values- new dimensions of
judicial activism and structural challenges.

Syllabus for LL.M. (Criminal Law) Two years Course 3

 3.5 Institutional liability of courts and judicial activism-scope and limits.
4. The concepts of justice.
4.1 The concept of justice or Dharma in Indian thought.
4.2 Dharma as the foundation of legal ordering in Indian thought.
4.3 The Concept and various theories of justice in the western thought.
4.4 Various theoretical bases of justice: the liberal contractual tradition, the liberal
utilitarian tradition and the liberal moral tradition.

5. Relation between Law and Justice.

5.1 Equivalence Theories-justice as nothing more than the positive law of the stronger
class.
5.2 Dependency theories- For its realization justice, Depends on law, but justice in
not the same as law.
5.3 The independence of justice theories-means to end relationship of law and justice-
The relationship in the context of the Indian constitutional ordering.
5.4 Analysis of selected cases of the supreme Court where the judicial process can be
seen as influenced by theories of justice.

Select Bibliography-
1. Select store The Province and function of law, Part-II, Chs 1/8-16(2000),
Universal Delhi.
2. Process, The Nature of Judicial Process (1995)
3. Henry J. Abraham, The Judicial Process (1998), Oxford.
4. J.Stone, Precedent and the Law: Dynamics of Common Law Growth (1985)
Butter worths
5. W. Friendmann, Legal Theory (1960), Stevens, London.
6. Bodenheimer, Jurisprudence- the Philosophy and Method of the Law (1997),
University Delhi,
7. J. Stone, Legal System and Lawyers Reasonings (1999) Universal, Delhi.
8. U.Baxi, The Indian Supreme Court and Politics (1980) Eastern, Lucknow.
9. Rajeev Dhavan, The Supreme Court of India- A socio-Legal Critique of its Jurist
Techniques (1977) Tripathi Bombay.
10. John Rawls, A Theory of Justice (2000) Universal, Delhi.
11. Edwarh H., Levi, An Introduction to Legal Reasoning (1970) University of
Chicago.

Syllabus for LL.M. (Criminal Law) Two years Course 4

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.M.(Criminal Law)
THIRD SEMESTER
PAPER II: JUVENILE DELINQUENCY

Objectives of the Course-

Juvenile delinquency is considered and important branch of criminology. The impact of juvenile
delinquency upon the formation of Indian criminology tradition does not seem to be noticeable.
No understanding of crimes and treatment of offenders can be complete without a sure grasp of
causes, carrots, and cures of juvenile delinquency.

Increasingly, it is being also realized that young that young offenders require a wholly different
centre of criminal justice system and should not be treated in the same way as the adult
offenders, Juvenile Justice System, although a part of the criminal justice system has now its
own autonomous characteristics.

In addition, the state and the law have to deal with juveniles in certain situations, as parents
patria. The category of neglected children defines the burdens of care which state and society
have to assume for neglected children. Most categories of neglected children are also
themselves the victims of crime. The institutional care of children poses its own distinctive
dilemmas. These, too should be discussed, spectrally, at the level of resource investment
compared with the extent of need.

The following syllabus prepared with this perspective will extend to a period of one semester.

Syllabus
1. The Basic Concepts.
1.1 The conception of child in Indian Constitution and Penal Code.
1.2 Delinquent Juvenile.
1.3 "Neglected" Juvenile
1.4 The overall situation of children/young persons in India also with relations to
crime statistics (of Crimes by and agents children)
2 Determining Factors of Juvenile Delinquency.
2.1 Differential association
2.2 Anomie
2.3 Economic pressure.
2.4 Peer group influence.
2.5 Gang sub-culture.
2.6 Class differentials
3 Legislative Approaches
3.1 Legislative approaches during the late colonial era.
3.2 Children's Act
3.3 Legislative position in various States
3.4 The Juvenile Justice Act.
3.4.1 Constitutional aspects.
3.4.2 Distinction between "Neglected" and "delinquent" juveniles.
3.4.3 Processual safeguards for juveniles
3.4.4 Powers given to government.
3.4.5 Community participation as envisaged under the Act.

4 Indian Context of Juvenile Delinquency

Syllabus for LL.M. (Criminal Law) Two years Course 5

 4.1 The child population percentage to total sex-ratio, urban/rural/rural-urban.
4.2 Neglected-below poverty line, physically and mentally disabled, orphans, destitute,
vagrants.
4.3 Laborers.
4.3.1 In organized industries like zari, carpet, bidi, glass.
4.3.2 In unorganized sector like domestic servant, shops and establishments, rag-
pickers family trade.
4.4 Delinquent – number, sex-ratio, ratio to adult crime types of committed,
recidivism, rate of increase background.
4.5 Drug addicts.
4.6 Victims.
4.6.1 Of violence- sexual abuse, battered, killed by parents.
4.6.2 Of criminal activities like bootlegging, drug pollution as a respective of
protective approach.
5 Judicial Contribution
5.1 Social action litigation concerning juvenile justice.
5.2 Salient judicial decisions.
5.3 Role of legal profession in juvenile justice system.
6 Implementation
6.1 Institutions bodies, personnel
6.2 Recruiting and funding agencies.
6.3 Recruitment qualifications and salaries or fund
6.4 Other responsibilities of each agency/person
6.5 Coordination among related agencies.
6.6 Accountability- reports and accessibility of public to juvenile justice institution.
7 Preventive Strategies.
7.1 State Welfare programmes health, nutrition, ICWS grants-in-aid
7.2 Compulsory education.
7.3 Role of community, family, voluntary, bodies, individuals.

Select bibliography

1. National institute of social Defense, Model Rules under the juvenile Justice Act.
1986.
2. K.S. Shukla Adolescent Offender (1985)
3. United Nations, Beijing Rules on Treatment of young Offenders (1985)
4. Myron Weiner, the child and state in India (1990)
5. The United Nations Declaration on the Rights of Children UNICEF periodic
materials.

Syllabus for LL.M. (Criminal Law) Two years Course 6

 SHRI KRISHNA UNIVERSITY, CHHATARPUR (M.P.)
LL.M.(Criminal Law)
THIRD SEMESTER
PAPER III: COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE
SYSTEM

Objectives of the Course-

This is a crucial area of Indian development with which traditional, western, criminology is not
overly preoccupied, Collective Political violence (CPV) is the order of the day. Whether it is
agrarian (Feudal) violence, or it is atrocities against untouchables. communal riots, electoral
violence, police violence (encounters), political violence by militant and extremist groups,
gender-based violence or violence involved in mercenary terrorism and its containment.
It is not very helpful such contexts, to mouth the generalities such as "Criminalization" or
"lumpenization" of Indian politics. Closer scientific investigation of these phenomena is crucial,
which should help us understand both the aetiology and prognosis of CPV. Instead of political
analysis the course should focus on a broader social under- standing of the political economy of
law in India. Each specific from of violence will be examined with a view to identifying the
course of its evolution, the state-law response policies of management of sanctions,
compensation and rehabilitation of victims of violence, social and political costs. The growth of
police and paramilitary forces will also, in the context. be an object of study. Primary materials
here will be governmental and citizen investigative reports. The emphasis of the course will be
on fashioning overall democratic understanding and responses to meet the problem.
The following syllabus prepared with this perspective will be spread over a period of one
semester.

Syllabus

1. Introductory
1.1 Notions of "force", "coercion", "violence"
1.2 Distinctions : "symbolic" violence, "institutionalized" violence, "Structure
violence"
1.3 Legal order as a coercive normative order
1.4 Force-monopoly of modem law
1.5 "Constitutional" and "Criminal" speech: Speech as incitement to violence.
1.6 "Collective political violence" and legal order
1.7 Notion of legal and extra-legal "repression"
2 Approaches to Violence in India
2.1 Religiously sanctioned structural violence: Caste and gender based.
2.2 Ahimsa in Hindu, Jain, Buddhist, Christian and Islamic tradition in India.
2.3 Gandhiji's approach to non-violence.
2.4 Discourse on political violence and terrorism during colonial struggle.
2.5 Attitudes towards legal order as possessed of legitimate monopoly over
violence during the colonial period.
3 Agrarian Violence and Repression
3.1 The nature and scope of agrarian violence in the 18-19 centuries India.
3.2 Colonial legal as a causative factor of collective political (agrarian) violence.
3.2.1 The Telangana struggle and the legal order.
3.2.2 The Report of the Indian Human Rights Commission on Arwal
Massacre.
4 Violence against the Scheduled Castes.
4.1 Noun of Atrocities.

Syllabus for LL.M. (Criminal Law) Two years Course 7

 4.2 Incidence of Atrocities.
4.3 Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities.
4.4 Violence Against Women.
5 Communal Violence.
5.1 Incidence and courses of "communal" violence.
5.2 Findings of various commissions of enquiry.
5.3 Findings of various commissions of enquiry.
5.4 The role of police and para-military systems in dealing with communal
violence.
5.5 Operation of criminal justice system tiring, and in relation to communal
violence.
Select bibliography-
1. U.Baxi, "Dissent, Development and Violence" in R. Meagher (ed.) Law and
Social Change Indo American Feflections 92 (1988)
2. U.Baxi (ed.) Law and Poverty: Critical Essays, (1988)
3. A.R. Desal, (ed.) Peasant Struggels in India, (1979)
4. A.R. Desai, Agrarian Struggles in India: After independence (1986) A.R. Desai,
Violation of democratic Rights in India (1986)
5. D.A. Dhangre, Peasant Movement in India: 1920-1950(1983)
6. Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India
(1983)
7. Ranjit Guha, (ed.) Subaltem Stdies Vol. 1-6 (1983-1988)
8. T. Honderich, Violence for Enquality (1980)
9. Mark Juergensmeryer. "The Logic of Religious Violence: The Case of Punjab"
22 Contributions to Indian sociology 65 (1988)
10. Rajni Kothari, State Anainst Democracy (1987)
11. G. Shah, Ethnic Minorities and Nation Building: Indian Experience (1984)
12. R.S. Shukla, "Sociology of Deviant Behavious" in 3 ICSSR Survey of
Sociology and Social Anthropology 1969-1979 (1986)

Syllabus for LL.M. (Criminal Law) Two years Course 8