Indian Judicial System: Legal Aid and Environmental Protection

By Prof. (Dr.) G. B. Reddy | The English and Foreign Languages University (Host University)

Learners enrolled: 2942

Course Overview:

The Course is designed to give an outline of the Judicial System in India, and its development from the ancient to modern times. It covers various aspects of Supreme Court, High Courts, Constitutional Law, Civil Justice System, Criminal Justice System, Special Courts and Tribunals. It helps the student to learn the significance of legal aid in the path to achieve justice. The shortcomings of judicial system and the need for alternative dispute resolution system are also emphasised. Further, the course focuses on the environment, its protection under the law in India and the role of judiciary in provision of remedies.

Need for the Course:

Ignorance of Law is not excused for any person, and it is no defense in a legal proceedings. The judiciary is entrusted with the responsibility to sit in judgement over the functioning of the legislature and executive, by interpreting the law of the land. The courts are the institutions that deliver justice to the aggrieved persons in the society, and play a crucial role in maintenance of the rule of law. As such, it is necessary for every individual to have a basic understanding of the judicial system of the country to effectively harness its benefits. Further, in the endeavor to cater justice to all sections of society including poor and vulnerable sections, the provision of legal aid has been carved out in law, for providing access to justice to all. Environmental Protection has become a necessity as human beings due to their increasing greed for development are polluting the environment immensely, leading to problems such as global warming, ozone layer depletion and acid rain etc. There are several laws in India which provide for the protection of environment and regulate the pollution. Further, special tribunals are also established to govern the implementation of environmental laws in India and judiciary has played a pro-active role with regard to environmental protection. Hence, this Course would be useful to all citizens, students, environmental activists, NGOs and provides the necessary knowledge to enforce their rights effectively.

Objectives of the Course:

To enable the students to understand the history and development of judicial system in India
To make the students understand the composition and functioning of Supreme Court, High Courts, Civil Courts and Criminal Courts in India
To give a basic idea about the constitutional law and its significance
To make the viewers aware of the Ombudsman System, Special Courts and Tribunals functioning in India
To explain the concept of legal aid and its importance for provision of access to justice, particularly in India
To realize the need and significance of the Alternative Dispute Resolution System
To provide basic understanding about the emerging area of Online Dispute Resolution and its application in India
To realize the significance of environment and its protection
To explain the various facets of environmental protection and the human and constitutional rights associated with environment
To trace the various laws providing for environmental protection in India and its legal framework
To discuss the laws prohibiting various kinds of environment pollution at national and international levels
To study the importance of bio-diversity and its protection
To give an understanding about the exercise of judicial activism, its need and limitations, particularly with respect to environment

MOOC Team

Course Coordinator:

Prof. (Dr.) G.B. Reddy,
Professor of Law, University College of Law,
Osmania University, Hyderabad.

Subject Experts and Presenters:

Prof. (Dr.) G.B. Reddy,

Professor of Law, University College of Law,

Osmania University, Hyderabad.

Prof. (Dr.) Nimushakavi Vasanthi,

Professor of Law, NALSAR University of Law,

Justice City, Shameerpet, Hyderabad.

Dr. P. Vijaya Kalyani,

Principal, Padala Rama Reddi Law College,

Ameerpet, Hyderabad.

Dr. S.B. Md. Irfan Ali Abbas,

Part-time Faculty, University College of Law,

Osmania University, Hyderabad.

Teaching Assistant:

Dr. S.B. Md. Irfan Ali Abbas,

Part-time Faculty, University College of Law,

Osmania University, Hyderabad.

Summary

Course Status :	Completed
Course Type :	Core
Duration :	12 weeks
Category :	Law
Credit Points :	3
Level :	Undergraduate
Start Date :	27 Jul 2020
End Date :	14 Dec 2020
Enrollment Ends :	14 Oct 2020
Exam Date :

Page Visits

Course layout

WEEKLY MODULES ASSIGNMENTS

Week 1 Objective

Modern Judicial System and Various Components
Judicial System in India during Ancient Times and Pre-Constitutional Era
Judicial System of India & Supreme Court of India

Week 2 Objective

High Courts in India – Composition, Jurisdiction and Functions
Criminal Justice System of India – General Principles, Hierarchy and Jurisdiction of Criminal Courts
Civil courts in India – General Principles, Hierarchy and Jurisdiction

Week 3 Objective

Special Courts and Tribunals – Need, Classification and Functioning
Constitutional Law – An Overview
Legal Aid: Constitutional and Legal Perspectives

Week 4 Objective

Role of Judicial Activism in Administration of Justice
Ombudsman System in India
ADR System in India, Modes and Methods

Week 5 Objective

Online Dispute Resolution in India
Environment – An Introduction
Environmental Ethics in India

Week 6 Objective

Introduction to International Environmental Law
Common Law remedies and Environmental Protection in India
Constitutional Provision and Environmental Protection

Week 7 Objective

Law Relating to prevention and Control of Water Pollution in India
Law Relating to prevention and Control of Air Pollution in India
Environmental Protection and Law

Week 8 Objective

Forest Conservation in India and Law
Wild Life Protection Laws
Environmental Protection & Sustainable Development

Week 9 Objective

Biodiversity: Law and Practice
Hazardous Waste Management; Law and Practice
Trans-boundary Pollution

Week 10 Objective

Human Rights and Environment
Judicial Activism and Environment
Environmental Protection – Future Challenges

Books and references

Williams G L, Learning the Law, (Universal Law Publishing Co.,Delhi 2003)

Fitzgerald P J, Salmond on Jurisprudence (12^thedn, Sweet & Maxwell 2016)

Gandhi B M, Legal Language, Legal Writing and General English (Eastern Book Company 2009, reprint 2019)

Joice M R, Legal and Constitutional History of India (Universal Law Publishing Co.,Delhi 1984, reprint 2010)

Kulshreshtha V D, Sumeet Malik (ed), Landmarks in Indian Legal and Constitutional History (11^thedn, Eastern Book Company, Lucknow 2016)

Jain M P, Outlines of Indian Legal and Constitutional History (7^thedn, Lexis Nexis 2014)

Choudhry S (ed), Khosla M (ed), Mehta P B (ed), The Oxford Handbook of The Indian Constitution (Oxford University Press, 2016)

Mulla D F, The Key to Indian Practice (11^thedn, Lexis Nexis 2015)

Kelkar R V, Lectures on Criminal Procedure Code (6^thedn, Eastern Book Co. 2018)

Chakraborthy A, Law and Practice of Alternative Dispute Resolution in India (Lexis Nexis 2016)

Garg S, Alternative Dispute Resolution – The Indian Perspective (Oxford University Press 2018)

Wang F, Online Dispute Resolution – Technology, Management and Legal Practice from an International Perspective (1^stedn, Chandos Publishing 2008)

Katsh E, Rifkin J, Online Dispute Resolution: Resolving Conflicts in Cyberspace (1^stedn, Jossey-Bass 2001)

Rule C, Online Dispute Resolution For Business: B2B, ECommerce, Consumer, Employment, Insurance, and Other Commercial Conflicts (1^stedn, Jossey-Bass 2002)

Katsh E, Rabinovich-Einy O, Digital Justice: Technology and the Internet of Disputes (1^stedn, Oxford University Press 2017)

Kripal B.N. (ed), Ashok H.Desai (ed), Gopal Subramanium (ed), Rajeev Dhavan (ed), Raju Ramachandran (ed), Supreme But Not Infallible (Oxford University Press 2004)

Sathe S P, Judicial Activism in India: Transgressing Borders and Enforcing Limits (2^ndedn, Oxford University Press 2003)

Reddy G B, Judicial Activism in India (Gogia Law Agency, 2013)

Flynn A, Hodgson J, Access to Justice and Legal Aid (Hart Publishing 2017)

Wadhera B L, Public Interest Litigation (Universal Law Publishing Co., Delhi 2016)

Mamta R, Public Interest Litigation: Legal Aid and Lok Adalats (5^thedn, Eastern Book Company 2018)

Rosencraz A, Divan S, Environmental Law and Policy in India (2^ndedn, Oxford University Press 2002)

Sahasranaman P B, Oxford Handbook of Environmental Law (Oxford University Press 2009)

Leelakrishnan P, Environmental Law in India (5^thedn, Lexis Nexis 2018)

Sinha M K (ed), Environmental Law and Enforcement: The Contemporary Challenges (Indian Law Institute, New Delhi 2016)

Mehta C S, Environmental Protection and Law (South Asia books, 1992)

Krishna Iyer V R, Environmental Pollution and the Law (Vedpal Law House, 1984)

Doabia T S, Environmental & Pollution Laws in India (3^rdedn, Lexis Nexis 2017)

Instructor bio

Prof. (Dr.) G. B. Reddy

The English and Foreign Languages University (Host University)

Dr.G.B.Reddy is a lawyer turned academician. Studied B.A. (HPP), LL.B., and LL.M. (Constitutional Law) at Osmania University, and P.G.Diploma in Human Rights from University of Hyderabad. Obtained Ph.D.in Law from Osmania University in 1999 on the topic “Supreme Court and Judicial Activism – Its Contribution in Specific Areas of Constitutional Law after 1980”. His area of specialization is Constitutional Law in LL.M. and Judicial Activism in Ph.D. He specialized in the area of Intellectual Property as an independent researcher, publisher and teacher.

He has secured three Gold Medals in LL.B. and one Gold Medal in LL.M. apart from being the first candidate to have qualified for UGC-JRF in Law from Osmania University in 1993.He practiced in the High Court of Andhra Pradesh for about seven years before joining the Faculty of Law, Osmania University. He authored 20 well received books on law including Women and Law, Intellectual Property Rights and Law, Copyright Law in India, Practical Advocacy of Law, Right to Information and Law and Judicial Activism in India. Two of his books namely Women and Law and Judicial Activism in India, have been reviewed favourably in the Book Review section of the Hindu by Justice V.R.KrishnaIyer. He also published more than 65 articles on law in standard national and international journals.He participated in National and International Seminars, Workshops and Conferences on Law and allied subjects and visited Japan, Malaysia, Singapore, South Korea and Thailand.

He possesses rich administrative experience having worked as the Principal of University College of Law,Head of Department of Law, Chairperson of BoS in Law and Dean,Faculty of Law,Osmania University. He helped the university to introduce LL.B. Five Years Integrated Course at University College of Law and P.G. College of Law, Osmania University and LL.M. (IPR), LL.M. (ADR), and LL.M. (ITEL) and P.G.Diploma in Cyber Laws. He has been a visiting faculty at several reputed institutions including the A.P. Judicial Academy, A.P. Excise Academy, CCRT, NAARM, TS Police Academy, National Police Academy, NALSAR University of Law, National Industrial Security Academy (NISA), Academic Staff Colleges of several Universities. He was the Co-Convener of the APLAWCET & PGLAWCET for 2014-15 and is the Convener of the TSLAWCET & PGLAWCET for 2019-20. He has also offered 2 Swayam Courses on Human Rights, International Law and International Humanitarian Law; Intellectual Property Rights and Competition Law and more than 8000 students have taken the courses.

He held positions as the Joint Director University Foreign Relations Office, Osmania University for 5 years and is currently its Director. He was the founder Director of Legal Cell of the University, a member of General Council of NALSAR University of Law, Hyderabad (2011-2014), A.P. State Consumer Protection Council (2010-2013) and Hyderabad District Legal Services Authority by Government of A.P. He is a Life Member of Indian Law Institute & Institute of Constitutional and Parliamentary Studies, New Delhi and American Studies Research Centre, (presently OUCIP). He is a member of Telangana State Legal Services Authority, Chairman, Ethics Committee of CDFD, Hyderabad, Member of Academic Council of NALSAR University. He is also Dean, Faculty of Law of

Telangana University and Satavahana University, Karimnagar (Since 2016).