Syllabus WBSET Law

THE WEST BENGAL COLLEGE SERVICE COMMISSION

STATE ELIGIBILITY TEST

SYLLABUS

SUBJECT: LAW                                     Code No.: 29

UNIT – I: JURISPRUDENCE

1. Nature and sources of law

2. Schools of jurisprudence

3. Law and morality

4. Concept of rights and duties

5. Legal personality

6. Concepts of property, ownership and possession

7. Concept of liability

8. Law, poverty and development

9. Global justice

10. Modernism and post-modernism

UNIT – II: CONSTITUTIONAL AND ADMINISTRATIVE LAW

1. Preamble, fundamental rights and duties, directive principles of state policy.

2. Union and State executive and their interrelationship

3. Union and State legislature and distribution of legislative powers

4. Judiciary

5. Emergency provisions

6. Temporary, transitional and special provisions in respect of certain states

7. Election Commission of India

8. Nature, scope and importance of administrative law

9. Principle of natural justice

10. Judicial review of administrative actions – Grounds.

UNIT – III: PUBLIC INTERNATIONAL LAW AND IHL

1. International law – Definition, nature and basis

2. Sources of International law

3. Recognition of states and governments

4. Nationality, immigrants, refugees and internally displaced persons (IDPs)

5. Extradition and asylum

6. United Nations and its organs

7. Settlement of international disputes

8. World Trade Organization (WTO)

9. International humanitarian law (IHL) - Conventions and protocols

10. Implementation of IHL – Challenges

UNIT – IV: LAW OF CRIMES

1. General principles of criminal liability – Actus reus and mens rea, individual and group liability and constructive liability

2. Stages of crime and inchoate crimes - Abetment, criminal conspiracy and attempt

3. General exceptions

4. Offences against human body

5. Offences against state and terrorism

6. Offences against property

7. Offences against women and children

8. Drug trafficking and counterfeiting

9. Offences against public tranquility

10. Theories and kinds of punishments, compensation to the victims of crime

UNIT – V: LAW OF TORTS AND CONSUMER PROTECTION

1. Nature and definition of tort

2. General principles of tortious liability

3. General defenses

4. Specific torts – Negligence, nuisance, trespass and defamation

5. Remoteness of damages

6. Strict and absolute liability

7. Tortious liability of the State

8. The Consumer Protection Act 1986 - Definitions, consumer rights and redressal Mechanism

9. The Motor Vehicles Act, 1988 - No fault liability, third party insurance and claims tribunal

10. The Competition Act, 2002 - Prohibition of certain agreements, abuse of dominant position and regulation of combinations

UNIT – VI: COMMERCIAL LAW

1. Essential elements of contract and e-contract

2. Breach of contract, frustration of contract, void and voidable agreements

3. Standard form of contract and quasi-contract

4. Specific contracts - Bailment, pledge, indemnity, guarantee and agency

5. Sale of Goods Act, 1930

6. Partnership and limited liability partnership

7. Negotiable Instruments Act, 1881

8. Company law – Incorporation of a company, prospectus, shares and debentures

9. Company law – Directors and meetings

10. Corporate social responsibility

UNIT-VII: FAMILY LAW

1. Sources and schools

2. Marriage and dissolution of marriage

3. Matrimonial remedies - Divorce and theories of divorce

4. Changing dimensions of institution of marriage – Live-in relationship

5. Recognition of foreign decrees in India on marriage and divorce

6. Maintenance, dower and stridhan

7. Adoption, guardianship and acknowledgement

8. Succession and inheritance

9. Will, gift and wakf

10. Uniform Civil Code

UNIT –VIII: ENVIRONMENT AND HUMAN RIGHTS LAW

1. Meaning and concept of ‘environment’ and ‘environmental pollution’

2. International environmental law and UN Conferences

3. Constitutional and legal framework for protection of environment in India

4. Environmental Impact Assessment and control of hazardous waste in India

5. National Green Tribunal

6. Concept and development of human rights

7. Universalism and cultural relativism

8. International Bill of Rights

9. Group rights – Women, children, persons with disabilities, elderly persons, minorities and weaker sections

10. Protection and enforcement of human rights in India – National Human Rights Commission, National Commission for Minorities, National Commission for Women, National Commission for Scheduled Castes, National Commission for Schedule Tribes and National Commission for Backward Classes

UNIT – IX: INTELLECTUAL PROPERTY RIGHTS AND INFORMATION TECHNOLOGY LAW

1. Concept and meaning of intellectual property

2. Theories of intellectual property

3. International conventions pertaining to intellectual properties

4. Copyright and neighboring rights – Subject matters, limitations and exceptions, infringement and remedies

5. Law of patent – Patentability, procedure for grant of patent, limitations and exceptions, infringement and remedies

6. Law of trademark – Registration of trademarks, kinds of trademarks, infringement and passing off, remedies

7. Protection of Geographical Indications

8. Bio-diversity and Traditional Knowledge

9. Information technology law- digital signature and electronic signature, electronic governance, electronic records and duties of subscribers

10. Cyber crimes, penalties and adjudication

UNIT – X: COMPARATIVE PUBLIC LAW AND SYSTEMS OF GOVERNANCE

1. Comparative Law – Relevance, methodology, problems and concerns in Comparison

2. Forms of governments – Presidential and parliamentary, unitary and federal

3. Models of federalism – USA, Canada and India

4. Rule of Law – ‘Formal’ and ‘substantive’ versions

5. Separation of powers – India, UK, USA and France

6. Independence of judiciary, judicial activism and accountability – India, UK and USA

7. Systems of constitutional review – India, USA, Switzerland and France

8. Amendment of the Constitution – India, USA and South Africa

9. Ombudsman –Sweden, UK and India

10. Open Government and Right to Information - USA, UK and India.

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Page Last Updated on 27.03.2020