Latest Calcutta University B.A. LL.B Syllabus 8th Semester

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EIGHTH SEMESTER 

Paper I Human Rights Law and Practice 

[Full Marks 100 out of which 80 marks shall be for the written End Semester Examination and 20 marks for internal assessment] 

1. Theoretical Foundations of Human Rights Law- Definition, International and Indian developments, Ancient, Medieval, British and Post Independence Indian Perspective Theories of Human Rights Law- Theories Based on Natural Rights- Theory Based on Equality of Respect and Concern- Theories Based on Human Dignity- John Rawls's Theory of Justice and Its Application to Human Rights Law- Amartya Sen's Theory of Human Rights. 

2. International Bill of Human Rights- Formulation of International Bill of Human Rights1948 Universal Declaration of Human Rights- 1966 Covenants on Civil and Political Rights- Economic, Social and Cultural Rights- Relationship between the Two Sets of Rights: ICCPR and ICESCR- First, Second and Third Generations of Human RightsReservations on Human Rights treaties and Indian Practice. 

3. Human Rights Law and Protection Against Inhuman Wrongs- Genocide, Apartheid, and Prevention of Torture and Other Inhuman Treatment and Punishment, Elimination of Racial Discrimination- Abolition of Slavery and Slave Trade- Abolition of Death Penalty. 

4. Human Rights in Indian Constitutional Law Rights Recognised in the International Covenants- 1966 ICESCR-1966 ICCPR- Rights Recognised in the Constitution of India: Whether Judicially Enforceable or Judicially Cognizable?-Enforcement of Human Rights by the High Courts and Apex Court in India. 

5. Human Rights Law and Protection of Women and Children- Gender Neutral Human Rights Law in Women Perspective- Elimination of Discrimination against Women Gender Specific Human Rights Law Prevention of Sexual Harassment of Women at Workplace-Protection of Children under International and Indian Human Rights Law. 

6. Human Rights Law and Protection of Persons with Disabilities- Magnitude of Disability in Human Rights Perspective-Different Approaches: Religious Approach, Charitable Approach, Medical Approach, Social Relations Approach, Human Rights Approach United Nations Convention on the Rights of Persons with Disabilities -Rights of Persons with Disabilities in India. 

7. Human Rights Law and Protection of Indigenous Peoples- Discrimination against Indigenous Peoples- Development of the Rights of Indigenous Peoples at International Level- Right of Self-determination of Indigenous Pesples-Rights Elaborating the Contents of Self-determination- Rights of Indigenous Peoples under the Constitution of India- Fifth and Sixth Schedule. 

8. Protection of Human Rights Act 1993- Human Rights Commissions-Structure, Functions and Powers and their Role in Protecting Human Rights-Human Rights Courts. The above issues are to be studied with special reference to the aforementioned international instruments, the Protection of Human Rights Act 1993, and relevant case laws on the subject. 

Books Recommended: 

Jatindra Kumar Das, Human Rights Law and Practice, PHI Learning. 

D. D. Basu-Human Rights in Constitutional Law 

Nagendra Singh- Human Rights and The Law. 

V.R. Krishna lyer- Human Rights and Inhuman Wrongs. 

R .C. Hingrorani- Human Rights in India 

Paras Diwan- Human Rights and The Law. 

Upendra Baxi- (i) Human Rights in a Posthuman World (ii) The Future of Human Rights.

Paper II

Interpretation of Statutes and Principles of Legislation 

[Full Marks 100 out of which 80 marks shall be for the written End Semester Examination and 20 marks for internal assessment] 

1. Meaning of Interpretation and Construction- methods of interpretation and utility of rules of interpretation. 

2. Principles of Legislation- Definition, Nature and Scope; Types; Individualism; Utilitarianism; Collectivism. 

3. Basic Rules of Interpretation: Literal Rule, Golden Rule and Mischief Rule, Harmonious Construction. 

4. General Principles of Interpretation: Statute to be read as a whole- Intention of Legislatures- Statute to be constructed to make it effective and workable. 

5. Subsidiary Rule of Interpretation: Mandatory and Directory Provisions. Use of “Shall” and “May”, “It shall be lawful”, “shall have power”, “Or”, “And”, “as”. 

6. Internal Aids and External Aids to Construction. 

7. Interpretation of Taxing Statute, Penal Statute. 

8. Interpretation of Social and Beneficial Legislation. 

9. Interpretation of the Constitution. 

10. Maxims: Noscitur a Sociis; Ejusdem Generis; Causus Omissue; Expressio Unius Est Exclusio Alteriu; Redendo Singula Singulis; Generalia Specilibus non Derogant. 

11. The General Clauses Act, 1897: Definition and Salient Features. 

Books Recommended:

G. P. Singh- Principle of Statutory Interpretation 

V.P. Sarathi- Interpretation of Statutes 

Maxwell-Interpretation of Statutes 

P.M. Bakshi- Interpretation of Statutes 

T. Bhattacharya- Interpretation of Statutes 

A.B. Kafaltiya-Interpretation of Statutes 

M.P. Tandon- Interpretation of Statutes 

J. Bentham, Theory of Legislation.

Paper III 

Labour and Industrial Law I 

[Full Marks 100 out of which 80 marks shall be for the written End Semester Examination and 20 marks for internal assessment] 

1. Law Relating to Industrial Relations: Bi-Partite Forums, Trade Unions, Standing Orders, Notice of Change, Voluntary Reference of Disputes to Arbitration, Mechanism for Resolution of Industrial Disputes, Strikes and Lock-Outs, Lay-Off, Retrenchment and Closure, Special Provisions Relating to Lay-Off, Retrenchment and Closure in Certain Establishments, Worker Re-Skilling Fund, Unfair Labour Practices, Offences and Penalties. The above issues are to be studied with special reference to the Industrial Relations Code, 2020, and relevant case laws on the subject. 

2. Law Relating to Wages: Minimum Wages, Payment of Wages, Payment of Bonus, Advisory Board, Inspector-Cum-Facilitator, Offences, Penalties, and other Relevant Miscellaneous Issues. The above issues are to be studied with special reference to the Code on Wages, 2019, and relevant case laws on the subject. 

Books Recommended: 

S. N. Mishra–Industrial and Labour Law Chopra-Minimum Wages Act 

Chopra- Payment of Wages Act 

P. L. Malik -Employee State Insurance Act.

Paper IV 

Compulsory Clinical Course– II 

(Professional Ethics and Professional Accounting System) 

Full Marks: 100 (Evaluation: This paper will be evaluated through Internal Assessment by the Department and Affiliated Colleges as the case may be) 

This course will be taught in association with practising lawyers on the basis of the following materials: 

(i) Books on “Advocacy”,

(ii) Contempt Law and Practice;

(ii) Bar Council Code of Ethics; 

(iii) 50 selected opinions of the Disciplinary Committees of Bar Councils and 10 major judgments of the Supreme Court on the subject. Other reading materials as may be prescribed by the Department of Law and Affiliated Law Colleges, as the case may be, with the following mark distributions: 

1. Professional Ethics: on Bar Council of India Code of Ethics: 40 Marks. 

2. Case Study on Supreme Court Judgments: 20 Marks. 

3. Bar-Bench Relations: 10 Marks. 

4. Accountancy for Lawyers: 20 Marks. 

5. Viva-Voce: 10 Marks.