|
|
|
|
Objective :
This course is designed to offer the teacher and the taught with (a) awareness of Indian approaches to social and economic problems in the context of law as a means of social control and change; and (b) a spirit of inquiry to explore and exploit law and legal institutions as a means to achieve development within the framework of law. The endeavor is to make the students aware of the role the law has played and has to play in the contemporary Indian society.
1. Law and Social Change :
1.1 Law as an instrument of social change
1.2 Law as the product of traditions and culture. Criticism and evaluation in the light of colonisation and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
2. Law and its Inter-relationships with Religion, Language, Community and Regionalism
2.1 Religion, language, community and regionalism as divisive factors
2.2 Responses of law to
a. Religion - through secularism
b. Language - through constitutional guarantees
c. Community - through non-discrimination
d. Regionalism - through unity
e. Non-discrimination and protective discrimination (reservation)
3. Women and the Law
3.1 Crimes against woman
3.2 Gender injustice and its various forms
3.3 Woman's Commission
3.4 Empowerment of woman : Constitutional and other legal provisions
4. Children and the Law :
4.1 Child labour
4.2 Sexual exploitation
4.3 Adoption and related problems
4.4 Children and education
5. Modernization and the Law :
5.1 Modernization as a value : Constitutional perspectives reflected in the fundamental duties
5.2 Modernization of social institutions through law
5.2.1 Reform of family law
5.2.2 Agrarian reform - Industrialization of agriculture
5.2.3 Industrial reform : Free enterprise v. State
regulation - Industrialization v. environment
protection
5.3 Reform of court processes :
5.3.1 Criminal law : Plea bargaining; compounding and payment of compensation to victims
5.3.2 Civil law : (ADR) Confrontation v. consensus; mediation and conciliation; Lok adalats
5.3.3 Prison reforms
5.4 Democratic decentralization and local self-government
6. Alternative Approaches to Law :
6.1 The jurisprudence of Sarvodaya - Gandhiji, Vinoda Bhave;
Jayaprakash Narayan - Surrender of
dacoits; concept of grama nyayalays
6.2 Socialist thought on law and justice : An enquiry
through constitutional debates on the right to
property
6.3 Indian Marxist critique of law and justice
6.4 Naxalite movement : causes and cure
Select bibliography :
1. Marc Galanter (ed.), Law and
Society in Modern India (1997), Oxford
2. Robert Lingat, The Classical Law of India (1998), Oxford
3. U. Baxi, The Crisis of the Indian Legal System
(1982), Vikas, New Delhi.
4. U. Baxi (ed.), Law and Poverty Critical Essays (1988),
Tripathi Bombay
5. Manushi A, Journal about Woman and Society
6. Duncan Dereet, The State, Religion and Law in India
(1999), Oxford university press, New Delhi
7. H.M. Seervai, Constitution of India (1996), Prentice-Hall
of India (P) Ltd., New Delhi.
8. Sunil Deshta and Kiran Deshta, Law and Menace of Child
Labour (2000), Arnol Publication, Delhi.
9. Savitri Gunasekhare, Children, Law and Justice (1997),
Sage
10. Indian Law Institute, Law and Social Change : Indo-American
Reflections (1988), Tripathi.
11. J.B. Kripalani, Gandhi : His Life and Thought (1970), Ministry of
Information and Broadcasting, Govt. of
India.
12. M.P.Jain, Outlines of Indian Legal History (1983), Tripathi, Bombay
13. Agnes, Flavia Law and Gender Inequality : The Politics of Women's
Rights in India (1999), Oxford
PRACTICAL :
The practical on research methodology, Law Teaching and Clinical work will be conducted in LL.M. Part-1 as well as LL.M. Part - II. The practical examination - 75 marks shall be held at the end of the second year of LL.M. studies. The details have been given in LL.M. Part-I syllabus.
DISSERTATION :
Dissertation work will be carried out and dissertation prepared and submitted during the two years of LL.M. Studies. Dissertation carrying 125 marks shall be evaluated internally and externally, with 100 marks for the written work and 25 marks for viva-voca.
Objectives :
Disarmament has been a major issue in international relations for creating conditions of peace. The mad race for conventional and nuclear arms among the super powers has been going on unabated. Even the newly emergent poor nations have found it essential to divert their resources for the acquisition of sophisticated arms and upkeep of military hardware.
Developed nations with nuclear capabilities are spending billions of dollars for creating balance of terror. These nations are the most important source for the supply of arms to developing nations. The implications of transfer of technology are grave and need a thorough understanding of the issues involved. The ownership patterns for mass production of armaments need a close scrutiny and the methods used by giant manufacturers of sophisticated armaments to push sales have recently come under severe attack. These have a direct bearing on national policies for production and sale of armaments.
Nations individually and collectively have been involved in devising methods for disarmament and non-proliferation of nuclear weapons. The UN has been fully absorbed for the last several decades in initiating dialogues on disarmament. In the course of years the impediments which stand in the way of arriving at an international understanding have been laid bear.
The course will explore the alternative strategies for creating conditions of peace. This would involve a critical examination of dispute resolution and crisis management techniques, equitable allocation of world's resources and economic development of less developed countries.
Syllabus :
1. The Conceptions of Disarmament :
1.1 Disarmament and world security, military alliances, arms
trade.
1.2 Changing
conceptions of disarmament
2. The Dynamics of Arms Race :
2.1 The reasons of arms race, including nuclear weapons
2.2 Consequences
of arms race in terms of resources and economic development
2.3 International
implications of the arms race
3. Disarmament and the United Nations
Objectives :
This course offers a
specialist understanding of criminal policies including theories of
punishment, their supposed philosophical and sociological justifications and
the problematic of discretion in the sentencing experience of the 'developing'
societies, a focus normally absent in law curricula so far.
The expert work of the U.N. Committee on Crime Prevention and Treatment of
Offenders will be availed of in this course. Especially, at each stage, the
three 'D's will be explored as offering a range of alternatives : decriminalization,
dependization, deinsitutionalization Broadly, the course will concern itself
with :
(a) Theories of
Punishment
(b) Approaches to Sentencing
(c) Alternatives to Imprisonment
(d) The State of Institution Incarceration in India : Jails
and other custodial institutions
(e) The Problematic of Capital Punishment
(f) Penology in relation to privileged class deviance
(g) Penology in relation to marginalized deviance or
criminality
(h) The distinctive Indian (historical and contemporary)
approaches to penology
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 in such contexts to mouth the generalities such as
"criminalization" or "Iumpenization" of Indian politics.
Closer scientific investigation of these phenomena is crucial, which should
help us understand both the aetiology and the prognosis of CPV. Instead of
political analysis the course should focus on a broader social understanding
of the political economy of law in India. Each specific form 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, compensation and rehabilitation
of victims of violence, social and political costs. The growth of police and
paramilitary forces will also, in this 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 this problem.
Section - I Penology : Treatment of Offenders
1. Introductory :
1.1 Detination of Penology
2. Theories of Punishment :
2.1 Retribution
2.2 Utilitarian
prevention : Deterrence
2.3 Utilitarian
Intimidation
2.4 Behavioral prevention : Incapacitation
2.5 Behavioral prevention : Rehabilitation - Expiation
3. The Problematic of Capital Punishment :
3.1 Constitutionality of Capital Punishment
3.2 Judicial
Attitudes towards capital punishment in India
- An inquiry through the statute law and case law
4. Sentencing :
4.1 Principal types of sentence in the Penal Code and
special laws
4.2 Sentencing in
white collar crime
4.3 Sentencing
for habitual offender
5. Imprisonment :
5.1 Classification of prisoners
5.2 Rights of
prisoner and duties of custodial staff
5.3 Open prisons
Section - 2 Collective Violence and Criminal Justice System
1. Introductory :
1.1 Notions of "force", "coercion",
"violence"
1.2 Distinctions : "symbolic" violence, "institutionalised" violence
"structural" violence
1.3
"Collective political violence" and legal order
2. Approaches to Violence in India :
2.1 Religiously sanctioned structural violence : Caste and
gender based
2.2 Gandhiji's
approaches to non-violence
2.3 Discourse on
political violence and terrorism during colonial struggle
3. Violence against the Scheduled Castes :
3.1 Notion of atrocities
3.2 Incidence of
atrocities
3.3 User of
Criminal Law to combat atrocities or contain aftermath of atrocities
3.4 Violence
against woman
4. Communal Violence :
4.1 Incidence and courses of "communal" violence
4.2 The role of
police and para-military systems in dealing with communal violence.
Note : Choice of further areas will have to be made by the teacher and the taught.
Select bibliography :
SECTION - 1
S.Chhabbra, The Quantum of Punishment in
Criminal Law (1970)
H.L.A. Hart, Punishment and Responsibility (1968)
Herbert L. Packer, The Limits of Criminal Sanction (1968)
Alf Ross, On Guilt, Responsibility and Punishment (1975)
A.Siddique, Criminology (1984), Easter, Lacknow
Law Commission of India, Forty-Second Report Ch.3 (1971)
K.S. Shukla, "Sociology of Deviant Behavior" in 3 ICSSR Survey of
Sociology and Social Anthropology 1969-179 (1986)
Tapas Kumar Banerjee, Background to Indian Criminal Law (1990), R.Campray
& Co., Culcutta
SECTION - 2
U.
Baxi, "Dissent, Development and
Violence" in R.Meaghar (ed.)
Law and Social Change : Indo-Americal Reflection 92 (1988)
U.Baxi (ed.), Law and Poverty : Critical Essays (1988)
A.R. Desai (ed.), Peasant Struggles in India (1979)
A.R. Desai (ed.), Struggles in India : After Independence (1986)
D.A. Dhangare, Peasant Movement in India 1920-1950 (1983)
Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India
(1983)
Ranjit Guha (ed.,) Subaltern Studies Vol.1-6 (1983-88)
T.Honderich, Violence for Equality (1980)
Rajni Kothari, State against Democracy (1987)
G.Shah, Ethnic Minorities and Nation Building : Indian Experience (1984)
K.S. Shukla, "Sociology of Deviant Behaviour" in 3 ICSSR Survey of
Sociology and Social Anthropology 1969-1979 (1986)
Objectives :
This course focuses on the "Criminality of the "Privileged classes". The definition of "privileged classes" in a society like should not pose major problem at all; the expression nearly includes wielders of all forms of state and social (including religious) power. Accordingly, the course focuses on the relation between privileged power and deviant behavior. The traditional approaches which highlight "white-collar offences", "socio - economic offences" or "crimes of the powerful" deal mainly with the deviances of the economically resourceful. The dimension of deviance associated with bureaucracy, the new rich (nouveau riche), religious leaders and organizations, professional classes and the higher bourgeoisie are not fully captured here. In designing teaching materials for this course, current developments in deviance, as reflected in newspapers / journals, law reports, and legislative proceedings should be highlighted.
It should be stressed that the objectives of the course include :
(a) Dispelling of the
commonly held belief that deviance crime is usually associated with the
impoverished or
improvident;
(b) Construction of model so understanding the reality of
middle and upper; middle class deviance criminality
in India;
(c) Critical analyses of legal system responses and
(d) Issues and dilemmas in penal and sentencing
policies
Syllabus
1. Introduction :
1.1 Conceptions of white
collar crimes
1.2 Indian approaches to socio-economic offences
1.3 Notions of privileged class deviance as providing a
wider categorization of understanding
Indian development
1.4 Typical forms of such deviance
1.4.1
Official deviance (deviance by legislators, judges, bureaucrats)
1.4.2
Professional deviance : journalists, teachers, doctors, lawyers, engineers,
architects and
publishers
1.4.3
Trade union deviance (including teachers, lawyers / urban property owners)
1.4.4
Landlord deviance (class/caste based deviance)
1.4.5
Police deviance
1.4.6
Deviance on electoral process (rigging, booth capturing, impersonation,
corrupt practices)
1.4.7
Gender-based aggression by socially economically and politically powerful
Note : Depending on specialist interest by the teacher and the taught any three areas of deviance of privileged class may be explored. What follows is only illustrative of one model of doing the course.
2. Official Deviance :
2.1 Conception of official deviance - permissible limit of
discretionary powers
2.2 The Chambal
valley dacoit - Vinoba Mission and Jai Prakash Narain Mission - in 1959 and
1971
2.3 The Chagla
Commission Report in LIC-Mundhra Affair
2.4 The Das
Commission Report on Pratap Singh Kairon
2.5 The Grover
Commission Report on Dev Raj Urs
2.6 The Maruti
Commission Report
2.7 The Ibakkar -
Natarajan Commission Report on Fairfax
3. Police Deviance :
3.1 Structures of legal restraint on police power in India
3.2
Unconstitutionality of "third-degree" methods and use of fatal force
by police
3.3
"Encounter" killings
3.4 Police
atrocities
3.5 The plea of
superior orders
3.6 Rape and
related forms of gender-based aggression by police and para-military forces.
4. Professional Deviance :
4.1 Unethical practices at the Indian bar
4.2 The Lentin
Commission Report
4.3 The Press
Council on unprofessional and unethical journalism
4.4 Medical
malpractice
5. Response of Indian Legal Order to the Deviance of Privileged Classes
5.1 Vigilance Commission
5.2 Public
Accounts Committee
5.3 Ombudsman
5.4 Commissions
of Enquiry
5.5 Prevention of
Corruption Act, 1947
5.6 The Antulay
Case
Select bibliography :
Upendra Baxi. The Crisis of the Indian
Legal System (1982), Vikas Publishing House, New Delhi
Upendra Baxi (ed.), Law and Poverty : Essays (1988)
Upendra Baxi, Liberty and Corruption : The Antulay Case and Beyond (1989)
Surendranath Dwevedi and G.S.Bhargava, Political Corruption in India (1967)
A.R.Desai (ed.), Violence of Democratic Rights in India (1986)
A.G.Noorani, Minister's Miscounduct (1974)
B.B.Pande, "The Nature and Dimensions of Privileged Class Deviance"
in the other side of development 136 (1987, K.S.Shukla ed.)
Indira Rotherm und. "Patterns of Trade Union Leadership in Dhanbad Coal
Fields" 23 J.I.L.I. 522 (1981)
Objectives :
Almost all the major dilemmas of criminal policy surface rather acutely in combating drug addition and trafficking through the legal order. The issue of interaction between drug abuse and criminality is quite complex. At least three important questions have been recently identified as crucial for comparative research. First, to what extent drug dependence contributes to criminal behavior ? Second, in what ways do criminal behavior patterns determine drug abuse? Third are there any common factors which contribute to the determination of both drug abuse and criminal behavior ? Apart from these causal issues, there is the broad question of the social costs-benefits of criminalization of addictive behavior. Should drug-taking remain in the category of "crime without victims?" Or should it be viewed as posing an ever-growing thereat to human resource development and be subjected to state control, over individual choices as to survival and life-styles?
The problems here are not merely ideological or theoretical. User of drugs for personal, non - therapeutic purposes may well be linked with international trafficking in psychotropic substance. It has even been suggested that encouragement of drug-dependency may have, in addition to motivation of high profits, politically subversive aspects. Assuming that both addition and trafficking have to be regulated, what penal policies should be appropriate ? What human rights costs in the administration of criminal justice should be considered acceptable ? The international response to these question is indicated by the Single Convention on Narcotic Drugs, 1961, adopted in New York, 30 March 1961 and as amended by 1972 Protocol in Geneva, 25 March, 1972 and the Convention on Psychotropic substances, adopted in Vienna, 21 February 1971. India has recently adopted the basic principles of these conventions in the Narcotic Drugs and Psychotropic Substances Act, 1986.
Broadly, penal dilemmas here relate to : (a) management of sanctions relating to production, distribution and illicit commerce in Narcotic Substances and, (b) ways of prevention of abuse of drugs, including speedy diagnosis, treatment, correction, aftercare, rehabilitation and realization of persons affected.
Important problems of method in studying the impact of regulation need evaluated at every stage.
Syllabus :
1. Introduction :
1.1 Basic conceptions
1.1.1 Drugs 'narcotics', "psychotropic substances"
1.1.2 'Dependence', "addition"
1.1.3 "Crimes without victims"
1.1.4 "Trafficking" in "drugs"
2. How Does One Study the Incidence of Drug Addiction and Abuse ?
2.1 Self-reporting
2.2
Victim-studies
2.3 Problems of
comparative studies
3. Anagraphic and Social Characteristics of Drug Users
3.1 Gender
3.2 Age
3.3 Religiousness
3.4 Single
individuals / cohabitation
3.5
Socio-economic level of family
3.6 Residence
patterns (urban/rural/urban)
3.7 Educational
levels
3.8 Occupation
3.9 Age at first
use
3.10 Type of drug use
3.11 Reasons given as cause
of first use
3.12 Methods of intake
3.13 Pattern of the Use
3.14 Average Quantity and
Cost
3.15 Consequences of addict's
health (physical/psychic)
Note : Since no detailed empirical studies exist in India, the class should be in this topic sensitised by comparative studies. The principal objective of discussion is to orient the class to a whole variety of factors which interact in the 'making' of a drug addict.
4. The International Legal Regime :
4.1
Analysis of the background, text and operation of the
Single Convention on Narcotic Drugs, 1961,1972.
4.2 Analysis of
the Convention on Psychotropic Substances, 1972.
4.3 International
collaboration in combating drug addition
4.4 The SARC, and
South - South Cooperation
4.5 Profile of
international market for psychotropic substances
5. The Indian Regulatory System :
5.1 Approaches to narcotic trafficking during colonial India
5.2 Nationalist
thought towards regulation of during trafficking and usage.
5.3 The penal
provisions (under the IPC and the Customs Act)
5.4 India's role
in the evolution of the two international conventions
5.5 Judicial
approaches to sentencing in drug trafficking and abuse
5.6 The Narcotic
Drugs and Psychotropic Substances Act, 1985
5.7 Patterns of
resource investment in India : policing adjudication, treatment, aftercare
and rehabilitation.
6. Human Rights Aspects :
6.1 Deployment of marginalized people as carrier of
narcotics
6.2 The problem
of juvenile drug use and legal approaches
6.3 Possibilities
of misuse and abuse of investigative prosecutor powers
6.4 Bail
6.5 The problem
of differential application of the Ugal Regimes, especially in relation to
the resourceless
7. The Role of Community in Combating Drug Addiction :
7.1 Profile of Community initiatives in inhibition of
dependence and addiction (e.g. deaddiction and aftercare)
7.2 The role of
educational systems
7.3 The role of
medical profession
7.4 The role of
mass media
7.5 Initiatives
for Compliance with regulatory systems
7.6 Law reform
initiatives
Select bibliography :
H.S.Becker, Outsiders : The Studies in
Sociology of Deviance (1966)
J.A. Incard, C.D. Chambers (eds.), Drugs and the Criminal Justice System
(1974)
R.Cocken, Drug Abuse and Personality in Young Offenders (1971)
G.Edwards Busch (ed.), Drug Problems in Britain : A Review of Ten Years (1981)
P.Kondanram and Y.N.Murthy, "Drug Abuse and Crime : A Preliminary
Study" 7 Indian Journal of Criminology, 65-68 (1979) Criminal System
(1988)
Entitled Nations, Economic and Social Reports of the Commission on Narcotic
Drugs, United Nations Social Defence Research Institute (UNSDRI) Combating
Drug Abuse and Related Crime (Rome, July 1984, Publication No.21)
Lok Sabha and Rajha Sabha Debates on 1986 Bill on Psychotropic Substances
Useful Journals in this area are :
(1) The Law and Society
Review (USA)
(2) Journal of Drug Issues (Tallahassee, Florida)
(3) International Journal of Addictions (New York)
(4) British Journal of Criminology
(5) Journal of Criminal Law, Criminology and Police Science
(Baltimore, MD)
(6) International journal of offender therapy and
comparative criminology (London)
(7) Bulletin on Narcotics (United Nations)
(8) Journal of Criminal law and criminology (Chicago, ILL)
Objectives :
The concept of intellectual property rights as developed in India cannot be divorced from the developments in the international arena as well as in the nation-to-nation relations. The impact of IPR regime on the economic front is emphasized in this paper. In particular, greater attention would be given here to the law relating to unfair and restrictive trade practices as affecting the regime of intellectual property rights. New areas of development, especially plant patenting and patenting of new forms of life (biotechnology) should receive special attention. Evidentiary aspects of infringement, and human right dimensions of the regime of intellectual property law will also be addressed.
Syllabus :
1. IPR and International
Perspectives
2. Trademarks and Consumer Protection (Study of UNCTAD
report on the subject)
3. Special Problems of the Status of Computer Software in
Copyright and Patent Law : A Comparative Study
4. Patent Search, Examination and Records
4.1 International
and global patent information retrieval system (European Patent Treaty)
4.2 Patent
Co-operation Treaty (PCT)
4.3 Differences
in resources for patent examination between developed and developing societies
4.4 The Indian
situation
5. Special Problems of Proof of Infringement
5.1 Status of
intellectual property in transit - TRIPS obligation Indian position
5.2 The
evidentiary problems in action of passing off
5.3 The proof of
non-anticipation, novelty of inventions protected by patent law
5.4 Evidentiary
problems in piracy : TRIPS obligation-reversal of burden of proof in process
patent
5.5 Need and
Scope of Law Reforms
6. Intellectual Property and Human Right
6.1 Freedom of
speech and expression at the basis of the regime of intellectual property
right -
copyright protection on internet - WCT (WIPO Copyright Treat 1996)
6.2 Legal status
of hazardous research protected by the regime of intellectual property law
6.3 Human right
of the impoverished masses intellectual property protection of law products
for
healthcare and food security.
6.4 Traditional
knowledge - protection - biodiversity convention - right of indigenous people
Select bibliography :
Special attention should be given to
literature of the U.N.System, WIPO and the UNESCO.
Terenee P. Stewart (ed.), The GATT Uruguay Round : A Negotiating History
(1986-1994) the end gam (Part-1) (1999), Kluwer
Iver P. Cooper, Biotechnology and Law (1998), Clerk Boardman Callaghan, New
York
David Bainbridge, Software Copyright Law (1999), Butterworths Sookman,
Computer Law (1998), Carswell
Carlos M. Correa (ed.), Intellectual Propety and International Trade Patent
Co-operation Treaty Hand Book (1995) Sweet and Maxwell
Christopher Wadlow. The Law of Passing-Off (1998), Sweet and Maxwell
W.R. Cornish, Intellectual Property Law (1999), Sweet and Maxwell
Objectives :
After independence we have placed greater emphasis on the growth of our economy. The focus is on growth, both in public and private sectors, so as to cope up with the problems of population explosion. We have found that there is now almost a circle from laissez faire to welfare state and again back to laissez faire. Adoption of the concept of global economy in the presence of the socialistic perspectives in the Constitution presents a dilemma. The trends of liberalization starting in the early nineties and continuing to this day bring a shift in focus of regulation in diverse fields of economic activities.
This course is designed to acquaint the students of the eco-legal perspectives and implications of such developments.
Syllabus :
1. The Rationale of Government Regulation :
1.1 Constitutional perspectives
1.2 The new
economic policy - Industrial policy resolutions, declarations and statements
1.3 The place of
public, small scale, co-operative, corporate, private and joint sectors - in
the changing
context.
1.4 Regulation of
information
1.5 Disclosure of
information
1.6 Fairness in
competition
1.7 Emphasis on
consumerism
2. Development and Regulation of Industries
3. Take-over of Management and Control of Industrial Units
4. Sick Undertakings : Nationalization or Winding Up ?
5. Critical Issues Regarding the Capital Issues
5.1 Equity and
debt finance
5.2 Global
depositories
5.3
De-materialized securities
6. Problems of Control and Accountability : Regulation of
Hazardous Activity
6.1 Mass disaster
and environmental degradation : legal liability and legal remedies
6.2 Public
Liability Insurance : adequacy
6.3 Issues in
zoning and location of industrial units
7. Legal Regulation of Multi Nationals
7.1 Collaboration
agreements for technology transfer
7.2 Development
and regulation of foreign investments
7.3 Investment in
India : FDIs and NRIs
7.4 Investment
abroad
Select bibliography :
S.Aswani Kumar, The Law of Indian Trade
Mark (2001), Commercial Law House, Delhi
Industrial Policy Resolutions of 1948,1956, 1991
Industrial Licensing Policy 1970, 1975
Industrial Policy Statements 1973, 1977, 1980
Reports of Committees on Public Undertaking of Parliament
Industries (Development and Regulation) Act, 1951
U.Baxi (ed.), Incensement Forum and Convenient Catastrophe The Bhopal Case
(1986), U.Baxi & T.Paul (eds.) Mass Disasters and Multinational
Liabilities (1986)
U.Baxi & A.Dhandba, Valiant Victims and Lethal Litigation : The Bhopal
Case (1989)
Indian Law Institute Law of International Trade Transactions (1973)
Objectives :
After independence India has embarked upon all round efforts to modernize her economy through developmental ventures. Greater and greater emphasis is placed on increase of production in both industrial and agricultural sectors. Besides, there was the ever-pressing need for raising capital for investment in certain basic and key industries. All these required a considerably high rate of investment of capital. The process of modernization necessitated the adoption of newer technologies for industry and agriculture. These technologies had to be borrowed from other developed countries. This, in turn, needed foreign exchange which could be earned by the increased exports of goods and raw materials from India. Economy can hardly be overemphasized. Export earnings enable a developing country to finance its massive requirements of growth, to maintain its essential imports and thereby stimulate the process of its economic developments. In the words of Prof. V.K.R.V. Rao : "In fact, expansion of exports may well be described as an integral part of the development process, neglect of which can only be at the peril of development itself."
Increasing exports have been necessitated to meet the growing needs of defense India is a country rich in natural resources. One of the approaches to combat its economic backwardness could be in large-scale production and in maximization of its exports.
Import and export of goods and raw materials is a complex, complicated and intricate activity. It involves elaborate economic, fiscal, budgetary and monetary policy considerations. Export and Import control policy is also closely connected with country's balance of payment position.
The detailed procedures for imports and exports are provided in the Hand Book. The Union Government used to declare its import and export policy for a three-year period. At present they declare the policy for five years. The controls on exports and imports are closely connected with the Foreign Trade Regulation Act, 1992.
Syllabus :
1. Introduction :
1.1 State control over import and export of goods - from
rigidity to liberalization
1.2 Impact of
regulation on economy
2. The Basic Needs of Export and Import Trade :
2.1 Goods
2.2 Services
2.3
Transportation
3. International Regime :
3.1 WTO agreement
3.2 WTO and
tariff restrictions
3.3 WTO and
non-tariff restrictions
3.4 Investment
and transfer of technology
3.5 Quota
restriction and anti-dumping
3.6 Permissible
regulations
3.7 Quarantine
regulation
3.8 Dumping of
discarded technology and goods in international market.
3.9 Reduction of
subsidies and counter measures
4. General Law on Control
of Imports and Exports :
4.1 General
scheme
4.2 Legislative
control
4.2.1 Foreign Trade Development & Regulation Act, 1992
4.2.2 Control under FEMA
5. Control of Exports :
5.1 Quality control
5.2 Regulation on
goods
5.3 Conservation
of foreign exchange
5.4 Foreign
exchange management
5.5 Currency
transfer
5.6 Investment in
foreign countries
6. Exim Policy : Changing Dimensions :
6.1 Investment policy : NRIs, FIIs (foreign institutional
investors), FDIs
6.2 Joint venture
6.3 Promotion of
foreign trade
6.4 Agricultural
products
6.5 Textile and
clothes
6.6 Jewellery
6.7 Service
sector
7. Technology transfer :
7.1 Restrictive
terms in technology transfer agreements
7.2 Automatic
approval schemes
Select bibliography :
Government of India, Handbook of Import
Export Procedures (Refer to the latest edition)
Government of India Import and Export Policy (1997-2002)
The students should consult the relevant volumes of the
Annual
Law, Published by the Indian Law Institute, New Delhi.
Foreign Trade Development and Regulation Act, 1992 and Rules Foreign Exchange
Management Act, 1999
Marine Products Exports Development Authority Act, 1972
Customs Manual (Latest edition)
Final Treaty of GATT, 1994.
