LEGAL ASSISTANT

FURTHER DETAILS REGARDING MAIN TOPICS OF
PROGRAMME NO. 10/2015 (Item No. 14, 15 & 16)
LEGAL ASSISTANT GRADE II
(DIRECT & BY TRANSFER)
LAW DEPARTMENT (GOVERNMENT SECRETARIAT)
(CATEGORY Nos. 121/2013, 122/2013 & 123/2013)
Part I: GK, Current Affairs, Indian National Movement &Renaissance
in Kerala
General Knowledge including Current Affairs with special reference to Indian
National Movement and Renaissance in Kerala
Part II: Salient Features of Indian Constitution
Salient features of the Constitution – Preamble – Its significance and its place in
the interpretation of the Constitution.
Fundamental Rights – Directive Principles of State Policy – Relation between
Fundamental Rights and Directive Principles – Fundamental Duties.
Executive – Legislature – Judiciary – Both at Union and State Level – Other
Constitutional Authorities.
Centre-State Relations – Legislative – Administrative and Financial.
Services under the Union and the States.
Emergency Provisions.
Amendment Provisions of the Constitution
Part III: General English
Part IV
Module I
Concept and nature of Crimes. General principles of Criminal liability, General
defences and Exceptions – Offences affecting the state – offences against human
body – offences against property – offences against public safety and health –
illegal gratification – corruption – offences relating to marriage and reputation.
Functionaries under Criminal Procedure Code – Arrest – Search and seizure –
Investigation – powers of the Court – Cognizance of offence and commencement
of judicial proceedings – Bail – Principal features of fair trial – Types of Trial –
Charge – Trial of Warrant and Summons Cases – Judgement – Appeals –
Execution of Sentence and other connected matters – Maintenance of Wives,
Children and Parents, Indian Penal Code & Criminal Procedure Code.
Module II
Various schools of jurisprudence – Different schools of thought – Different
theories of Law and justice – Sources of Law – Precedent – overruling – Ratio
Deci Denti – stare Decisis – Juristic Concepts of Rights and Duties – Possession
and Ownership.
Origin, nature, evolution and unique features of Labour Law – Ideas of
unionisation – impact of I.L.O. – Registration of trade unions – collective
bargaining – Meaning of Industry, Industrial Dispute, Lay-off, Retrenchment,
Strike and Lock-out – Different methods of settlement of industrial dispute –
Standing Orders – Concept of wages – Deduction of Wages – Fixing and
Revising Minimum Wages – Concept, evolution, calculation and mode of
payment of Bonus – Employers liability in the case of industrial accidents – kinds
of benefits to workers under the Employees State Insurance Act – protection of
Health, Safety and Welfare of industrial workers including Women and children,
Jurisprudence, Labour and Industrial Laws.
Module III
General features of contract – classification , Agreement, Contract and ingredients
– Consideration – Capacity of parties – Factors invalidating contracts – void,
voidable and contingent contracts – quasi contracts – Quantum merit – Contract
of Indemnity and guarantee – Bailment – Agency – Sale of goods – Partnership.
Principles of legislation – Legislative drafting – Basic rules of Construction of
Statutes – Rules of interpretation – Interpretation of different kinds of Statutes –
Repeal of Statutes – Purpose of General Clauses Act – General rules of
construction.
Principles of Arbitration and conciliation – Lok Adalaths, Law of Contract,
Interpretation of Statutes, Alternate Dispute Resolution, Legal Services authorities
Act, Arbitration and Conciliations Act, General Clauses Act, Legislative theory &
Service laws
Module IV
Distinction between procedural and substantive laws – Jurisdiction of Courts to
try civil suits stay of suits, resjudicata – Place of sueing, pleading, plaint, Written
Statement and set off – Parties to suits, jointer of parties, misjointer of parties,
frame of suits – Summons – Appearance of parties, consequence of nonappearance,
expartee decree, setting aside ex-partee decree, examination of parties
by the Court – discovery and inspection, admission – Summoning and attendance
of witness – adjournment etc. – Judgement and decree – execution – Appeal –
Arrest and attachment before judgement – injunction – Special proceedings such
as Suits in particular cases, Notice before Suit, inter pleader Suit, Papur Suit, Suit
by or against torts, Suit by or against minors etc. – Miscellaneous provisions.
Relevancy of facts – Admissions and Confessions – Dying declaration – Opinion
and character evidence – Oral and documentary evidence – Estoppel – Burden of
proof – Competency of witnesses – Examination of witnesses – Presumptions –
Accomplice – Approver – judicial notice – Law of Limitation, Civil Procedure
Code, Indian Evidence Act & Law of limitation.
Module V
Scope and causes for the growth of Administrative Law – Administrative
discretion – Rule making power of the administration – Delegated legislation –
Legislative Control – Procedural Control – Judicial Control – Need for
Administrative Adjudication – problems of Administrative Adjudication – Need
for administrative decision making – Statutory Tribunals, Domestic Tribunals –
Practices and Procedure of Administrative Adjudication – Rules of fair hearing
Reasoned decisions – Post Decisional hearing – Exception to the rules of natural
justice – Judicial review of administrative action – principles – Remedies against
administrative action – Constitutional remedies – Jurisdiction of the S.C. and H.
C. – Against whom writ can be issued – Locus standi to challenge administrative
action – Writs – Statutory Remedies – Liability of the administration – Privileges
and immunities of administration in Suits, to hold documents, Statutory
operations etc. – Constitutional protection of Civil Servants – Administrative
Service Tribunals, judicial activism and judicial restraints, Administrative Law.
Module VI
Concept of Property – General principles of transfer – Effect of transfer – Rules
against inalienability – Rule against perpetuity – Sale of immovable property –
Mortgage – Lease – Exchange – Gift – Actionable claims – Easement.
Formation of a company – Effect of incorporation – Different kinds of companies
– Illegal Association – Memorandum of Association – Articles of Association –
Rights and liabilities of the corporation for acts of its agents and organs –
Doctrine of ultravires – Promoters – Prospectus – Capital – Shares – Meetings –
Divident – Account and Audit – Board of Directors – Oppression and
mismanagement – Winding up, Transfer of property Act, Company law,
partnership Act, Laws on land.
Module VII
Concept of Environmental protection – Pollution – Types of Pollution, General
powers of the Central Government – Environmental Protection under the
Constitution – Right to clean Environment – Environmental protection Law and
its implementation – Operational mechanism of Central and State Boards
functioning – Legal regime for pollution Control – Different Statutory provisions.
Nature, origin and sources of International Law – Subjects of international Law –
States and nonstate entities – international organizations and private individuals –
Recognition theory and practice – State territorial sovereignity and other lesser
territorial rights – Rights and Duties of States Human Rights – Philosophical
foundation of the concept of Human Rights – Internationalisation of Human
Rights – Civil and political Rights – Social, Economic, and Cultural Rights –
Rights of specific groups, Rights of Women, Children, Indigenous persons etc. –
Concept of Sustainable development – Concept Corruption free Governance –
Human Rights protection Mechanism – National and international level,
Environmental protection Acts, Public international Law, Forest Act.
NOTE: - It may be noted that apart from the topics detailed
above, questions from other topics prescribed for the
educational qualification of the post may also appear in the
question paper. There is no undertaking that all the topics
above may be covered in the question paper.