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Secondary Curriculum
Grade XI
General Law- I Syllabus
Government of Nepal
Ministry of Education
Curriculum Development Centre
Secondary School curriculum
General Law- I Syllabus
Grade-XI
Full Marks: 100
Pass marks: 35
Teaching Hours: 150
I. Introduction
A student at the higher secondary level is expected to Understand clearly and expresses with certainly about the basic knowledge of law, fundamental rights, and duties and constitutional law of the country. Therefore, this course has been designed for Grade XI of the higher secondary level offering General Law-II as an elective subject, with a view to impart the students basic and fundamental knowledge on principles of law, the constitutional law of Nepal and also human rights and its protection and promotion in Nepal.
II. General Objectives
General objectives of General Law- I Syllabus are to:
• acquaint the students with the general principles of law, Nepalese law, the legal status of person and liability;
• inculcate in the necessary knowledge of the constitution, fundamental rights, the structure of the states, formation, and separation of power of the branches of the government of Nepal;
• provide them with adequate knowledge and information of human rights, human rights instruments, Nepalese efforts towards protecting and promoting human rights and fundamental freedoms; and
• equip them with basic knowledge of general laws of the country.
III. Specific Objective
On completion of General Law- I Syllabus the students will be able to:
• explain in their own words the meaning of the law, importance and classification of the laws;
• describe in general the existing law-making procedures and adjudication system of Nepal:
• define and classify rights as well as duties;
• state the legal status of a natural person, artificial person, unborn child and the kinds of liability;
• discuss the constitutional development of Nepal and the basic features of the Interim Constitution of Nepal, 2007;
• distinguish between fundamental rights and duties of the citizens as provided under the existing Nepalese constitution:
• discuss the organs and functions of the state:
• examine the role and functions of the Council of Ministers, composition, and functions of the Constituent Assembly/Legislature;
• analyze the structure and role of the judiciary in the administration of justice in Nepal;
• define and classify human rights: and
• identify the legal mechanism related to the protection and the promotion of human rights in Nepal.
IV. Course Scheme
Units Title Teaching Hours Marks
Part A: Principles of Law 60 40
1. concept of law and source of law 25
2. Rights and Duties 15
3. Person 10
4. Liability 10
Part- B: Nepalese Constitution 60 40
5. Meaning, Kinds, and History of
Nepalese Constitutional Law 20
6. Fundamental Rights and Duties of Citizens;
Directive Principles and Policies of the State 15
7. State 10
8. Organs of Government 15
Part-C: Human Rights 30 20
9. Concept and Classification of Human Rights 15
10.Nepalese Commitment towards
Protection and Promotion of Human Rights 15
V. Course Content
Part-A: Principles of Law
Full Marks: 40
Teaching Hour: 60
Unit- 1: Concept of Law and Sources of law Teaching Hours:25
1. Meaning and Importance of Law
2. Division of Law
(a) Substantive Law and Procedural Law
(b) National Law and International Law
(c) Civil Law and Criminal Law
3. Nepalese Law
(a) Constitution
(b) Statutes
(c) Rules
( d) Regulations
(e) By-laws
(f) Executive Orders
(g) Ordinances
(h) Case laws
4. Meaning and Importance of Sources of Law 5. Major Sources of Law
(a) Customs: Meaning, Kinds, and Importance
(b) Legislation: Meaning, Kinds and Importance
(c) Precedent: Meaning, Kinds and Importance
(d) Other Sources of Law: Judicial writings, Religion, Good Conscience
Unit- 2: Rights and Duties Teaching hours 15
1. Concept of Rights and Duties
2. The relation between Rights and Duties
3. Classification of Rights
a. Constitutional and Legal Rights
b. Proprietary and Personal Rights
c. Vested and Contingent Rights
Unit- 3: Person Teaching hours 10
l. Meaning of Person
2. Kinds of Persons
a. Natural Person
b. Legal Person
I. Corporation
II. Company
III. Trusts
IV. Institution
3. Legal Status of Unborn Child and Dead Person
Unit 4: Liability Teaching Hours 10
1. Concept of Liability
2. Kinds of Liability
a. Civil and criminal Liability
b. Individual Corporate and Vicarious Liability
Part- B: Nepalese Constitution
Total Marks: 40
Teaching Hours: 60
Unit- 5: concept and Kinds of constitution and History of Nepalese Constitutional Law
Teaching Hours: 20
1. Concept of the Constitution
2. Constitution-Making Process
3. Kinds of Constitution
(a) Written and Unwritten Constitution
(b) Federal and Unitary constitution
(c) Rigid and Flexible Constitution
(d) Evolved and Enacted Constitution
4. The Short History of Constitutional Development of Nepal.
5. The Basic Features of the Constitution of Nepal
Unit- 6: Fundamental Rights and Duties of the Citizens; Directive Principles and Policies of the State. Teaching Hours: 15
1. Concept of Fundamental Rights and Duties
2. Fundamental Rights Guaranteed by the Constitution of Nepal.
3. Fundamental Duties of the Citizens
4. State Responsibilities, Directive Principles and Policies of the State incorporated in the Constitution of Nepal
Unit- 7: State Teaching Hours: 10
1. Concept and structure of the State
2. Unitary and Federal Structure
3. Merits and Demerits of Unitary and Federal System
4. Local Self Governance (Local Autonomy)
5. Federal Democratic Republic
Unit- 8: Organs of the Government Teaching Hours 15
1. The Executive
(a) The Formation and Functions of the Council of Ministers
2. The Legislature
(a) Composition of the Legislature/Parliament in Nepal
(b) The Functions of the Legislature/ parliament
3. The Judiciary
(a) The Structure of the Nepalese Judiciary
(b) The Supreme Court: Composition and Jurisdiction
Part- C: Human Rights
Total full Marks:20 Unit- 9: Concept and Classification of Human Rights
Teaching hrs 15
1. Concept of Human Rights
2. Classification of Human Rights
(a) Civil and Political Rights
(b) Socia, Economic and Cultural Rights
(c) Rights of Children
(d) Women Rights
(e) Rights of Dalits, Indigenous People, and Ethnic Minorities
Unit-10: Nepalese Commitment towards Protection and Promotion of Human Rights
Teaching Hours: 15
1. Legal Mechanisms
(a) Constitution of Nepal
(b) Statute: The Treaty Act, l991
2. Enforcement of Human Rights
(a) The Supreme Court of Nepal on the Implementation of International Instruments of Human Rights.
(b) The National Human Rights Commission.
VI. Instructional Materials
• Reference books
• Constitution and related Acts and Rules of Nepal
• Case Laws
• Journals and other relevant available Materials
VII. Instructional Techniques
• Lecture
• Problem-solving
• Discussion
• Group Works/Pair works
• Project Works
• Court and field observation
VIII. Evaluation of Scheme
Students’ level of understanding and knowledge about the subject matter will be evaluated on the basis of written examination with duration of three hours as mentioned below:
S.N. Nature of Questions Total Question Question to be answered Marks
1. Long Answer Question 4 3*10 30
2. Short Answer Question 6 5*8 40
3. Very short Answer Question 7 5*6 30
Total 17 14 100
IX. Reference books |
|
1. The interim constitution of Nepal, 2007 |
2. Fitzgerald, Salmond (Latest edition), Salmond on Jurisprudence (Reprinted), Sweet and Maxwell; London
3. Lamsal, Narayan Prasad, (Latest Edition), Bidhi Shastra, Ratna Pustak Bhandar, Kathmandu, Nepal.
4. Pradhananga, Rajit Bhakta and Kishore Silwal(Latest Edition), Bidhi Shastra Ko SamanyaRupreckha (A General Outline of Jurisprudence), Ratna Pustak Bhandar, Kathmandu, Nepal.
5. Sangroula, Yubaraj (2058), Kanoon Shastra Tatha Kanoon Ka Shidhanta, Pairabi Prakashan.
6. Singh, Top Bahadur, (2039 B.S.) Constitution and Constitutional Law of Nepal, Kanoon Pathya Pustak Prakashan, Kathmandu, Nepal.
7. Shamm. Gopal Dr. (1992), Human Rights in Nepal, Kathmandu, Nepal.
8. Thapa, Kanak Bikram Prof. atld Bharat Raj Upreti (Latest Edition), Constitutional Law of Nepal FREE DEAL, Kathmandu. Nepal.