Digital Banking

Digital Banking has completely changed the way we bank in today’s times. With Digital Banking, you can transact with higher speed, ease and convenience.

What is Digital Banking?

In simple terms, Digital Banking means availability of all banking activities online. Here, you have the luxury to freely access and perform all traditional banking activities 24*7 without having to personally go to a bank branch to get your work done. Some of the major online banking activities include-

(1) Money Deposits, Withdrawals, and Transfer
(2) Checking/Savings Account Management
(3) Applying for Financial Products
(4) Loan Management
(5) Bill Payment
(6) Account Services

Many banks also offer other integrated services like investing in Mutual Funds and other investment options online. Thus, making Digital Banking a widely used concept.

Digital Banking in India

Digital Technology has drastically changed the way banks interact with us. Similarly, it has completely changed the way we transact and interact with the bank. This is especially true in the case of a booming technological and financial economy like India, where more and more people are being connected to Digital Banking Platforms with each passing day.

With Digital Banking you can perform every transaction, from start to end in a seamless, secure manner. You can withdraw money, deposit money, apply for loans, invest in Mutual Funds- all at a click of a button.

With the introduction of mobile banking you can perform transactions on the go. Mobile banking is a convenient and easy way to finish your transactions. For example, you can do over 125 transactions through HDFC Bank’s mobile banking app.

The latest addition to mobile banking feature is the Mobile Banking LITE app.The HDFC Mobile Banking app can work without an internet connection, italso doesn’t take up too much space and is quick to install over slow connections. It’s a safe and secure way of making transactions on the go.

Digital Banking services are offered by all major retail banks in the country today and have, in fact, become an integral part of their services. So, one can now bank from the ease of one’s home, with the convenience of smartphone screens.

(1) Indian Financial System Code (IFSC)
The Indian Financial System Code (IFSC) is an 11-character code in alphanumeric format to uniquely identify all bank branches within the NEFT, RTGS, and the Immediate Payment Service (IMPS) network within India. This code is printed on every cheque leaf in your personal or company chequebook. To transfer funds to an account electronically, the receiver must share his IFSC code as it identifies the receiver bank and branch.Magnetic Ink Character Recognition (MICR)
Magnetic Ink Character Recognition (MICR) is a technology used to verify the legitimacy or originality of paper documents, especially cheques. A special ink sensitive to magnetic fields is used in the printing of certain characters. Every bank branch has a unique MICR code, which helps the RBI speed up the cheque clearing process, with MICR readers.

(2)Magnetic Ink Character Recognition (MICR)
Magnetic Ink Character Recognition (MICR) is a technology used to verify the legitimacy or originality of paper documents, especially cheques. A special ink sensitive to magnetic fields is used in the printing of certain characters. Every bank branch has a unique MICR code, which helps the RBI speed up the cheque clearing process, with MICR readers.

(3) Electronic Clearing Service (ECS)
Electronic Clearing Service (ECS) is another method of transferring funds from one bank account to another. It is most often used to pay regular bills (telephone, mobile, credit card, electricity, etc, to make EMI payments (Personal, Car, Home Loan), and SIP investments. This is done by invoking the auto debit facility. ECS is also used by entities for payment of salaries, pensions, distribution of dividend interest etc.

(4) Immediate Payment Service (IMPS)
Since NEFT may not be available for use on weekends and bank holidays, you could try using IMPS or Immediate Payment Service. The service is available 24X7. The minimum transfer value is Rs 1 and the maximum value is Rs 2 lakh.
But to use this service, you will need to register via your bank and provide the mobile number and MMID of the beneficiary as IMPS transfer can also be done through mobile phones. Mobile Money Identifier (MMID) is a seven-digit unique number issued by the bank.

(5) National Electronic Funds Transfer (NEFT)
The National Electronic Funds Transfer (NEFT) system allows individuals, companies, and other entities to transfer funds electronically from one bank to another within India. Normally, funds from the remitting bank will be sent to the RBI within three hours of the transaction. However, the time taken to credit the beneficiary bank’s branch account depends on how long it takes the bank to process the transaction. It should be noted that NEFT operates only during business hours on weekdays. NEFT transactions cannot be done on Sundays, bank holidays, and second and fourth Saturdays of the month. The minimum transfer value is Rs 1 and there is no upper limit.

(6)Real Time Gross Settlement (RTGS)
Another method for transferring money electronically, from bank to bank, within the Indian banking system is Real Time Gross Settlement (RTGS) scheme, where the minimum amount for each transaction is Rs 2 lakh and there is no upper limit. The beneficiary account receives the money immediately.
The RTGS system is primarily meant for large value transactions.With effect from 00:30 hours on December 14, 2020, RTGS facility is available round the clock on all days i.e. 24 hrs. India one of the few countries to operate the system 24×7. This comes within a year of the Reserve Bank of India (RBI) operationalising NEFT 24×7. NEFT is the popular mode for small-value transactions. RTGS, which started on March 26, 2004 with a soft launch involving four banks, presently handles 6.35 lakh transactions daily for a value of Rs 4.17 lakh crore across 237 participant banks. The average ticket size for RTGS in November 2020 was Rs 57.96 lakh, making it a truly large-value payment system. RTGS uses ISO 20022 format which is the best-in-class messaging standard for financial transactions. The feature of positive confirmation for credit to beneficiary accounts is also available in RTGS.
Earlier, the RBI had decided not to levy charges on transactions through NEFT and RTGS in order to promote digital transactions, and had asked banks to pass on the benefits to customers. The RBI used to levy minimum charges on banks for transactions routed through RTGS and NEFT. Banks, in turn, levied charges on their customers. RTGS is meant for large-value instantaneous fund transfers, while NEFT is used for fund transfers of up to Rs 2 lakh.
It should be noted that NEFT, RTGS and IMPS impose transaction fees in slab rates.

(7) Society for Worldwide Interbank Financial Telecommunication (SWIFT)
SWIFT is an acronym for Society for Worldwide Interbank Financial Telecommunication. It is an internationally recognised identification code forbanks worldwide, and is usually used for international wire transfers. Only those banks that are SWIFT-enabled can take part in this system. In EU nations SWIFT is also known as BIC or Bank Identification Code. When dealing with international transfers also be aware of IBAN or International Bank Account Number. IBAN (International Bank Account Number) appears in bank statements and the bank’s online systems. IBAN and BIC (Bank Identification Code ) contain your bank account number and sort code written in an internationally recognised format. All these numbers can make your wire transfers happen quickly and securely.

Rights of Pawnee and Pawnor

The bailment of goods as a security for payment of a debt or performance of promise is called ‘pledge’. The person with whom the goods are pledged is known as ‘Pawnee’ or Pledgee’. The person pledging the goods is known as ‘Pawnor’.

The rights of the pledgee or pawnee are mentioned in Section 173 to 176 of the Indian Contract Act,1872.

Rights of Pawnee

Right to retain the goods pledged (Section 173 and 174): According to Sec. 173, the right of a pawnee to retain the goods pledged shall not be only for payment of the debt or the performance of the promise, but he can also exercise this right for interest on the debt and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged. According to Section 174, a pawnee can retain the goods pledged only as a security for that debt or promise for which they are pledged, but there is a presumption that if there are subsequent advances, they are also the part of the original debt and the pawnee may retain the goods and to recover subsequent advamces also. This is merely a presumption which could be rebutted by contract to the contrary. The pawnee is bound to redeliver the goods after he gets what is due to him.
Right to recover extraordinary expenses incurred by pawnee (Section 175) : According to section 175, the pawnee is entitled to receive extraordinary expenses incurred by him for the preservation of the goods pledged from the pawnor.
Right of suit to recover debt etc., and sale of the pledged goods (Section 176) : Section 176 confers right on the pawnee, including right of selling the pledged goods if the pawnor makes a default in payment of debt or performance of promise at the stipulated time. This section confers following rights on pawnee on the pawnor’s default in fulfilling promise:-. a) he may bring a suit against the pawnor upon the debt or promise and retain the goods pledged as collateral security. b) he may sell the good pledged on giving reasonable notice of the sale to the pawnor.

Right of Pawnor

Right of Pawnor to Redeem (Section 177): The pawnor has right to redeem the goods pledged, i.e., take back the goods from pawnee on payment of the agreed debt or performance of the promise in accordance with the agreement. He can exercise the right to redeem before the pawnee has made an actual sale of the goods.

Legal Heir’s Right to Redeem: In case of death of a pawnor, the pledge made by him can be redeemed by his legal heirs on meeting the liabilities concerning the pledge.

Covid -19, Society and Law

Introduction

Humankind is going through a new and unprecedented experience with the rapidly spreading Covid-19 pandemic. We still do not know who ‘patient zero’, the first person to be infected and transmit it to others, was. The severity of this virus, which has caught the world by surprise, lies not only in the delay of laboratories in finding an effective and efficient vaccine, but also in the fact that the measures taken to counter it differ considerably from what was previously adopted to confront various acute crisis, whether health, political, social or economic.

There is no doubt that the Covid-19 pandemic will change the face of human society, but it forces us to ask some important questions. Will this change only affect the healthcare systems, or will it extend to consumption patterns, value systems, political regimes and legal systems, thus leading to the fall of the huge financial and economic empires? Will the major transformations the world will undergo be determined by how we recover from the effects of this situation?

According to the World Health Organization, the problem does not lie in Covid-19 alone but rather in the fear, panic and terror caused by the spread of this virus, and amplified by the media, which has been presenting the situation as if it were the end of the world. Barring the measures adopted by China, where the virus originated, the methods used to manage the crisis around the world are somewhat similar. To some extent, China succeeded in curtailing the spread of the virus, thanks to the spirit of discipline in its people, and due to its health infrastructure, the plethora of research centres and laboratories, and the ability to control the sources of information from the onset. Most other countries have wasted precious time after the first cases appeared, relying on legal and security control in dealing with the pandemic and information about it, rather than establishing a single entity to disseminate information backed by science.

The current crisis is not of the pandemic alone. Rather, it is of the far-reaching consequences on human behaviour. Addressing these repercussions should not be limited to taking ad-hoc costly measures limited to the current situation but should prompt us to think about putting into place innovative measures and actions that go beyond the pandemic. Measures like imposing quarantines, enacting new laws to manage the pandemic, using modern tools for e-learning and telework, ensuring a minimum standard of living for all, granting loans, exemptions from paying water and gas bills and taxes, assisting the unemployed, and using the military to assist in security measures during the epidemic have cost countries billions of dollars. These are funds that could have been invested in infrastructure or other major projects, but instead have now been used to respond to the immediate needs of the people.The pandemic will radically change the modern world, leading to three likely outcomes.

The first outcome

A new theory will be integrated within political science in the future. Indeed, traditional legitimacies in the systems of government, which are derived from ballot boxes, hereditary legitimacy or religion, are beginning to decline, leaving room for a new theory called the “theory of achievements”. Since the Cultural Revolution of Mao Zedong in the 1960s, China has worked on this emerging legitimacy, as the Chinese Communist Party has distinguished itself from the rest of the Communist parties in the world.

The second outcome

The traditional conflict between wrong information and right information will transform into a conflict between convincing information and unconvincing information, as legal arsenals and control tools are no longer effective in the spread and prevalence of correct information. The method of producing information and choosing its dissemination channel is becoming a means of turning it into convincing information, regardless of if it is true or false.

The third outcome

The process of monitoring people will transition from external to internal control using smartphones. This is also what happened in China, to curb down on misinformation on Covid-19 during its early stages and as a preventive measure in the absence of a vaccine. These smart devices have become effective tools for measuring citizens’ reactions at home to what is happening in their surroundings.

A coming human revolution

Humankind is going through a humanitarian revolution, the kind that has occurred only thrice before: first, after the discovery of fire; second, with the advent of agriculture; and third, following the industrial revolution. The most prominent sign of this ‘fourth revolution’ is the predominance of new technology and the supremacy of modern means of communication, which have spawned a conflict between two major concepts of using the internet. The first can be described as social perception with a human connect, while the second is non-social perception, and can be termed as wild and unbridled. The humanitarian-minded perception is likely to win this conflict, as this human revolution is making its mark on our social existence and old behaviours. This will impact the current value system and will have political andeconomic implications.

The post-epidemic stage will see the emergence of a new human being, whose daily behaviour and thinking will differ from what it was before the Covid-19 outbreak. The political, legal and economic systems will have to adapt to this new human being. Despite the timely importance of the current safety measures being put into action around the world, there is a great need for these to be integrated into a comprehensive post-pandemic thinking. In fact, we will find ourselves faced with a generation who thinks differently from the pre- pandemic generation.

In light of the impact of Covid-19 on the individual and collective behaviours of society and State, and people’s continued thirst for information, it is necessary to keep in mind the post- pandemic world when it comes to decision-making. The Covid-19 storm will pass and mankind will survive, despite the loss of many lives. Humankind will soon live in a world that is very different from the one before the virus. However, the pandemic will succeed where the other movements of the 20th century have failed in their struggle to establish democracy and human rights, and preserve a safe environment for all.

Doctrine of Notice

INTRODUCTION

The concept of Notice for the purpose of The Transfer of Property is given under Section 3 of Transfer of Property Act, 1882 (TPA). Notice means to have knowledge of something i.e. to know something. In law, it means knowledge of a fact. It is used to decide on conflicting claims of two parties. In law, the Notice or Knowledge of a fact affects one’s legal rights and liabilities.

Under Section 3 of TPA Notice can be; “Actual or express Notice” or “Constructive Notice”, or it may be imputed to the transferee when information of the fact has been obtained by his Agent.

Constructive notice

It is based on the law of presumption or it is presumed that in certain circumstances that the person knows the fact. He cannot afterwards say against it. This type of notice can be divided into five.

Notice imputed by wilful abstention from enquiry
Notice from gross negligence
Notice by registration
Notice by possession
Notice by agent

Actual notice.- Actual notice, to constitute a binding force, must be definite information given by a person interested in the thing in respect of which the notice is issued, as it is settled rule that a person is not bound to attend to vague rumours or statements by mere strangers, and that a notice to be binding must proceed from some person interested in the thing. A mere casual conversation in which knowledge of a certain thing is imparted, is not notice of it, unless the mind of a person has, in some way been brought to an intelligent apprehension of the nature of the thing, so that a reasonable man or any normal man of business would act upon the information, and would regulate his conduct accordingly. In other words, the party imputing notice must show that the other party had knowledge which would operate upon the mind of any rational man, or man of business, and make him act with reference to the knowledge he has so acquired. A vague or general report or the mere existence of suspicious circumstances is not in itself notice of the matter to which it relates. A general claim is not sufficient to affect a purchaser with notice of a deed of which he does not appear to have knowledge. If a person knows that another has or claims an interest in property for which he is negotiating he is bound to inquire what his interest is, and if he omits to do so, he will be bound, although the notice was inaccurate as to the particulars to the extent of such interest.

The notice must be given in the same transaction. A person is not bound by notice given in a previous transaction which he may have forgotten. Notice to a purchaser by his title papers in one transaction will not be notice to him in an independent subsequent transaction in which the instruments containing recitals are not necessary to his title, but he is charged constructively with notice merely of that which affects the purchase of the property in the chain of title of which the payer forms the necessary link.

Constructive notice.- Constructive notice is the knowledge which the Courts impute to a party upon a presumption so strong that it cannot be allowed to be rebutted, that knowledge must have been communicated. “The doctrine of constructive notice” said Lord Brougham in Kennedy v. Green, depends upon two considerations first that certain things existing in relation or the conduct of parties, or in the case between them, begets a presumption so strong of actual knowledge that the law holds the knowledge to exist because it is highly improbable it should not, and next, that policy and safety of the public forbids a person to deny knowledge while he is so dealing as to keep himself ignorant or so as that he may keep himself ignorant, and yet all the while let his agent know, and himself perhaps, profit by that knowledge. The broad principle underlying the doctrine of constructive notice is that a person who is bound to make an inquiry and fails to do it should be held to have notice of all facts which would have come to his knowledge had he made the inquiry. Where, on the other hand, a person is not bound to make an inquiry he cannot be charged with constructive notice of the facts that might havebeen ascertained on such inquiry. Again, where a fact, of which a person has notice, would not put him on inquiry as to the matters in question, it cannot be constructive notice of such matter.

Classes of constructive notice

(1) Wilful abstention from search which one ought to make.
(2) Gross negligence.
(3) Registration as a notice.
(4) Possession as notice.
(5) Notice to agent
(5.1)Notice should have been received in his capacity as agent.
(5.2)Notice must have been given in the course of agency business.
(5.3)Notice must be of a fact which is material to the Agency Business.
(5.4)Fraud by an agent.

Conclusion

Thus it can be said that Constructive notice is a manifestation of the rule of Caveat Emptor. This is because according to Constructive notice, a person ought to have known a fact as if he actually does know it. It presupposed that in property translation a transferee ought to ascertain and verify certain facts for safeguarding his own interest. Thus he must be aware of the nature of the transaction. These facts may relate to property or the transferor, like whether the property is free of any charge or encumbrances or whether the transferor is competent to transfer the property or not.

If the property is encumbered, then the exact nature of the encumbrance ought to be ascertained by the transferee. Law puts it as the duty of the transferee, as a reasonably prudent person to be reasonably vigilant and diligent to ascertain the facts, inspect the documents relating to property in possession of the transferor, inspecting concerned persons, even with relevant statutory authorities, if required. Failure to do this would result in the imposition of Constructive notice.

Internet and Mobile Association of India v. Reserve Bank of India

Statement of Facts

On 5th April,2018 Reserve Bank of India issued a press release raising the concern about the consumer protection from trade of virtual currencies. They were of the view that trading in virtual currency also referred as crypto currency are prone to hacking and therefore would lead to money laundering, terrorist activities, etc. In this view RBI asked the banks to not to deal with the transactions related to the trading of virtual currency.
The services which RBI directed the bank not to deal with were – maintaining the accounts, registering, trading, settling, clearing, giving loans against virtual currencies, accepting virtual currency as collateral, opening accounts of exchanges dealing with them and transfer of sale/purchase of virtual currencies.
The matter was challenged by Internet and Mobile Association of India. The Supreme Court of India allowed the petition on the ground of proportionality. Earlier in 2013 the Reserve Bank of India do issued a public caution to the traders and holders of virtual currency in context with the legal and security related risks associated with it.

Issues Raised

Whether the Reserve Bank of India had the jurisdiction to disallow the trade of virtual currency?
Whether the Respondent had the powers to regulate virtual currency as they were not equivalent to money or legal tender?
Whether the circular which was issued by the RBI was proportional?

Critical Analysis of the Case

A step in the right direction was taken by the Supreme Court of India, in the judgment of Internet and Mobile Association v. RBI. The court quashed the circular of the RBI that directed financial agencies to disocciate themselves from entities involved in virtual trading or transactions relating to VC’s. Some of the concerns that led to the issuance of circular include the anonymity of the transactions and the protection of investors when dealing in cryptocurrency. The major apprehension of the RBI was the inherent difficulty in tracking the source of money which has led to an increase in the number of cryptocurrency scams in the country. Still a very volatile technology, we have not had enough discussion around its shortcomings, leading to an adverse preference of this technology in the monetary circuit.

The Petitioner relied on the case of MS Gill v. Chief Election Commissioner, which led that there was an express prohibition of any authority to do anything which may improve its case. The contention of the petitioners rested on the premise that denial of banking services to those activities of trade recognized by law, would be extremely disproportionate, leading to the violation of extremely disproportionate, leading to a violation of Article 19(1)(g) of the Constitution. Therefore, an understanding of whether there was an infringement of this constitutional right was necessary and to this end, the court relied on the case of Md. Yasin v. Town Area Committee, which makes it amply clear that the right under article 19(1)(g) would be affecyted “In effect and in substance” when there is a complete stoppage of a particular business activity, owing to a certain measure that was undertaken. In Keshavlal Khemchand and Sons Pvt. Ltd. v. Union of India, the court pointed out that “Reserve Bank of India is an expert body to which the responsibility of monitoring the economic system of the contry is entrusted, under various enactments like the RBI Act, 1934, the Banking Regulation Act, 1949.”

The judgement of the court has started an effective discussion on lines that were never traversed before, and while that is indeed commendable, we need to look ahead and anticipate the potential risks on the economy. With that in mind, VC’s promise a more feasible future, especially in this era where people are connected through technology in ways previously unimaginable. Various stakeholders have posted many suggestions, particularly with regarding to creating a model that can monitor and regulate crypto currency, without bringing a blanket ban of the same, which ought to be considered by the government in the light of pending bill. What we need to do is find a balance and not discourage startups from adopting this technology, and if this is ignored, India could be handicapped from exploring opportunities that crypto currencies have to offer. Instead of shying away from addressing these concerns, we need to be proactive and have a structured policy in pace to assuage any potential concerns in the future.

Anatula Sudhakar v. P. Buchi Reddy

Statement of Facts

This appeal for special leave is by the defendant in a suit for permanent injuction. Puli Chandra Reddy and Puli Buchi Reddy were the plaintiffs in the said suit. Both the plaintiffs claimed to be the respective owners in possession of the said two sites having purchased them under two registered sale deeds dated 9.12.1968 from Rukminibai. When they were digging trenches in order to commence construction, the defendant interfered with said work. The plaintiffs filed a suit for permanent injuction to restrain the defendant from interfering with their possession. Defendant resisted the suit claiming that suit property measuring 300sq. yards in premises No. 13/776 was purchased by him from K.V. Damodar Rao, brother of Rukminibai. He had also obtained a loan for such construction from the Central Government by mortgaging the said property. According to him, when he commenced construction in the said property, the plaintiffs tried to interfere with his possession and filed a false suit claiming to be in possession.

Issues Raised

Whether the plaintiffs are in exclusive possession of the suit sites?
Whether the defendant has interfered with the possession of the plaintiffs over the split plots?
Whether the plaintiffs are entitled to permanent injunction? And to what relief?

Critical Analysis

A step in the right direction was taken by the High Court in its judgement of Anatula Sudhakar V. P. Buchi Reddy. The High Court by its judgement dated 18.1.1991 allowed the second appeal and restored the judgement and decree of the Irial Court and consequently held that plaintiffs had established their title in regard to the two vacant sites purchased by them and drew an inference that possession was presumed to be with them by applying the principle of possession follows title. The HC also held that it was not necessary to plaintiffs to sue for declaration of title, as the question of title could be examined incidental to the question of possession.

There was some confusion as to what circumstances the question of title will be directly and subsequently in issue in the suit for injunction simpliciter. In Vanagri Sri Selliamam Ayyanar Uthirasomasundareswarar Temple V. Rajanga Asari AIR 1965, Madras High Court considered an appeal arising from a suit for possession and injunction. The defendant contended that the plaintiff had filed an earlier suit for injunction which was dismissed, and therefore the plaintiff was precluded from agitating the issue of the title in the subsequent title suit, being barred by the principal of res judicata. It was held that the earlier suit was only for injunction and the averments in the plaint did not give rise to any question necessitating denial of plaintiffs title by the defendant, and as the earliest suit was only concerned only with possessory right and not title, the subsequent suit was not barred. There are several decisions taking similar view that in a suit for injunction, the question of title does not arise or would arise only incidentaly or collateraly, and therefore a subsequent suit for declaration oof title would not be barred. The judgement by the High Court has stated an effective decision and restoring the decree of the trial court in favour of the plaintiffs that the plaintiffs and their witnesses gave evidence to the effect that Damodar Rao represented that his sister Rukminibai was the owner of the plot and negotiated for the sale of the several portions thereof in favour of the plaintiffs. Further, where title of plaintiffs is disputed and claims for possession is purely based on tiltle, and the plaintiffs have to rely on various principles of law relating to ostensible ownership and section 41 of TPA, validity of an oral gift by way of ‘Pasupu Kumkumam’ under Hindu Law, estoppel and acquiescene, to put forth a case of title, such complicated questions could properly be examined only in a title suit, that is a suit for declaration and consequential reliefs and in a suit for an injunction simppliciter.

State of Haryana v. Bhajan Lal and Others

Statement of Facts

The first Respondent was a minister and subsequently Chief Minister of Haryana State. Later he became Union Minister. Bhajan Lal at the same time of the case was the Union Minister of Environment and Forests and Devi Lal was elected as the Chief Minister of the State of Haryana. In the same election Respondent 2, Dharam Pal lost the election against Smt. Jasma Devi, wife of Bhajan Lal . Owing to various political rivalries and institutions of various criminal cases there was a lot of bad blood between Bhajan Lal and Devi Lal. Consequently, Respondent 2 placed a complaint before the CM, Devi Lal against Bhajan Lal where he alleged that Bhajan Lal possesses disproportionate property or pecuniary resources compared to his indefinite sources of income. It was also alleged that the accumulation of that much property was far beyond his legal means. Special officer on duty in CM’s secretriat passed the message to the office Director General of Police stating that the CM has sought appropriate action in the said case. The complaint was further passed on to the Superintendent of Police (SP) asking for the necessary measure to be taken and report back. The SP asked the SHO (Station House Officer) to register the case and investigate. Subsequently, a case was filed under Sec. 161 and Sec. 165 of the IPC and Section 5(2) of the Prevention of Corruption Act in November 1987. The copy of the FIR was then sent to the magistrate and the investigation was started.

Issues Raised

Whether just the allegations are enough to constitute a cognizable offences and give the power of investigation to the police?
Whether the action of investigating on the part of SHO on just the order of one word “investigate” from SPis enough as per Sec. 5 of Prevention of Corruption Act, 1947?
Whether the HC was justified in quashing the FIR and criminal proceedings and acted under the ambit of Article 226 of the Constitution and Sections 482, 154 and 157 of Cr.P.C., and to what extent the orders suffer from legal infirmity?

Critical Analysis

Cases of corruption against politocal leaders in India are not rare. This is one of such case that notified the alleged corruption carried out by a significant political figure leading to registration of a case against him by his rival. Inevitably the suit underwent the question of legitimacy that led to the appearance of the same before the SC. The case holds importance as it significantly points out the powers and limitations of various authorities at different points of time throughout the trial of matter. It re-emphasized the power of investigation that police hlods and in what nature of cases, the necessity of filing an FIR, and the extent to which High Courts should use their special power of quashing Criminal proceedings. The case re-established that our Constitution is based on the concept of Rule of Law which serves as an aorta of governance in our democratic system and no one or authority is higher than law and that law is supreme. Everybody exclusively and on the whole is undeniably under the authority of law irrespective of the wealth and power they possess. The case likewise relooks at the complete and resultant backlogs of evils like corruption that exist in our country. Therefore this parasite of bribery if not battled against all fronts and at the levels checked and completelly removed, will destabilize the very establishments of democracy and erode the foundations of rule of law and make the whole administration ineffectual and broken.

Globalisation

Introduction

Globalisation is the process of international integration arising from the interchange of world views, products, ideas and other aspects of life. The vital element of globalisation is ‘worldwide interconnectedness’ that is created and sustained as a consequence of these constant flows. Globalisation is a multi-dimensional concept. It has political, economic and cultural manifestations and these must be adequately distinguished. The impact of globalisation is vastly uneven- it affects some societies more than others and some parts of some societies more than others and it is important to avoid drawing general conclusions about the impact of globalisation without paying sufficient attention to specific contexts.

Causes of Globalisation

There are many causes of it but technology affects it more than anything else. Invention of printing, integrated chip(IC), telephone, internet has revolutionized communication between people in different parts of the world.
Due to faster communication and transportation, ideas, commodities, capital move more easily to any part of the globe than ever. As people got the technology of better communication and transportation they recognise these mediums to connect rest of the world.
The Ebola virus is not confined to only African continent but it affects other nations too.
It has mainly 3 types of consequences:-
1. Political : Globalisation results in discomfort in functionality and working of government. The increased role of MNC all over the world leads to reduction in the capacity of govt. to take decisions on their own. But at the same time globalisation does not always reduce state capacity. The importance of state continues to be unchallenged basis of political community. Indeed in some manner state capacity has recieved a boost as a consequence of globalisation. Due to advancement in technology available in state, it can collect information about its citizens. With this information, the state is better governed. State becomes powerful than earlier due to emergence of new technology.
2. Economic : The economic globalisation involves greater economic flows or exchange of commodities among different countries of the world. The mention of economic globalisation draws our attention to the role of international institutions like IMF and WTO in determining economic policies across world. The restrictions imposed by different countries on capital across countries and allowing imports of other countries have been reduced. Capital across countries means that investors in prosperous countries can invest in other countries including developing countries where they might get good returns. There is less movement of people across the globe because developed countries have carefully guarded their borders with visa policies to ensure that citizens of other countries cannot take away the jobs of their own citizens.
3. Cultural : It refers to impact of globalisation in what we eat, wear, drink, watch and think. The cultural effect of globalisation poses a threat to different cultures in the world other than western culture. There is a cultural homegenisation which means rise of uniform culture, as we notice the popularity of American things like McDonald’s, Pizza, KFC, GOOGLE, blue jeans and hollywood movies has spreaded across the globe. This is dangerous not only for the poor countries but for the whole of humanity because it leads to the shrinkage or extinction of the rich cultural heritage of the entire globe. But cultural consequences of globalisation is not always negative as sometimes external culture influences simply enlarge our choices and sometimes they modify our culture without overwhelming the tradition. The Maggi is no substitute for noodles, therefore, does not pose any real challenge. Globalisation leads to each culture becoming more distinctive and different. This phenomenon is called Cultural Hetergenisation. Those who are concerned about social justice are worried about the extent of state withdrawal caused by process of economic globalisation. They point out that it is likely to benefit only a small section of population while impovershing those who were dependent on govt. for jobs and welfare. They have emphasised the need to ensure institutional safeguards to minimise the negative effects of globalisation on those who are economically weak. Many movements all over the world feel that safety nets are insufficient or unworkable. They have called for a stopping to forced economic globalisation, for its results would lead to economic ruin for the weaker countries, especially for the poor within these countries. Some economists have described economic globalisation as re-colonisation of the world. Advocates of economic globalisation argue that it generates greater economic growth and well-being for larger sections of population when there is de-regulation. Greater trade among countries allows each economy to do what it does best. This would benefit the whole world. They also argue that economic globalisation is inevitable.

India and Globalisation

From the colonial period, India became an exporter of primary goods and raw materials and a consumer of finished goods. After independence, because of the experience with British, we decided to make things ourselves rather than depending on others. We also decided not to allow others to export to us so that our own producers could learn to make things. This step generated its own problem. India had a fairly sluggish rate of economic growth (due to ignoring other sectors such as health, housing, etc.). In 1991, responding to a financial crisis and to the desire for higher rates of economic growth, India began programme of economic reforms that opened doors for trade and FDI.

India and Resistance to Globalisation

Resistance to globalisation in India has come from political parties as well as through forums like the Indian Social Forum. Trade Unions of industrial workforce as well as those representing farmers interests have organised protests against the entry of multinationals. The patenting of certain plants like Neem by American and European firms has also generated considerable opposition.

Is Online Classes a Mental Exhaustion rather than Knowledge?

Yes, Online Classes is a mental exhaustion rather than knowledge. Online Classes is a modern way of teaching consisting virtual classrooms. With educational institutes closed due to the COVID-19 pandemic, the government has been encouraging online education to achieve academic continuity. Most high-end private and public institutions have made the switch smoothly using online platforms such as Zoom, Google Classroom, Microsoft Teams etc., while many still find it a herculean task. The challenges of online education is multifaceted.

Using internet for entertainment is common, but for online lessons is a big challenge. Teachers may not be well-versed with creating digital content, and conveying it efeectively online. A sudden expectation from them to upgrade, and from students to adapt, is unfair. Body language and eye-contact which are important cues for the teacher are difficult to perceive in an online class. “I do not receive continual feedback in the form of student’s reaction during online session” says a college teacher in sub-urban Mumbai. How many students have paid attention in a class? These questions arise even in traditional classrooms, but they are harder to address in online classes. A parent of an 8 year old attending a private school in Gurgaon says, “There shouldn’t be online classes for such younf kids. Their concentration span is small and they do not pay attention after a while.”

Even the college students seem to value the in-class physical learning experience much more than a virtual one. Theoretical knowledge always seems to be boring without practicals. Students have to sit at one place and just have to study the theory. Their minds gets exhausted due to which they pay less attention to what has been taught. many acknowledge that phones can be very distracting. In addition, science and technology programs often include hands-on laboratory sessions, dissertation projects and field trips to complement theoretical studies.This aspect of learning is severely limited in online education.

Finally, education is not just about subject knowledge but also about developing social skills and sportsmanship among the students, which is built over years. Relying solely on education maay hinder the holistic develoment of children and many may under-perform later in their professional and personal lives. Students are not able to understand lessons which result in oncreasing stress among the students.

“In a class of 40 students, after two months of online classes, around 20 students regularly attend class with whatever device and connection they have. Around 5-8 students are completely absent till date and rest are fluctuating” says a school teacher in Ratnagiri in Maharashtra. A teacher in a government-aided school from the small town of Chamba in Himachal Pradesh says, “It is frustrating experience to engage students of lower classes in online mode . There are network issues on both teacher’s and student’s ends.”

We all know that some areas are prone to poor internet connectivity due to which some students are not able to attend classes and some join just for the sake of attendance. We Indians give more preference to marks and frades rather than knowledge, which results in less productivity of knowledge in students and more focus is given by students to get good marks.

Parliamentary Privileges

Introduction

India is called the world’s largest democratic country. The power to make law exists with the Indian Parliament. The members of lower house of Parliament are elected from the direct election while the members of upper house are elected from the Legislative Assembly of States and Union territories by means of single transferable vote through proportional representation. The concept of parliamentary privilege in the Constitution of India has been taken from British Constitution. Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of Parliament and their committees. The main motive of these privileges is to uphold the supremacy of the offence of the office of the Parliament and its members.

Who Enjoys Parliamentary Privileges

These rights are mainly for the members of both houses of Parliament. Apart from this, these rights are also given to those individuals who speak and participate in any committee of the Parliament, which includes the Attorney General of India and the Union Ministers. President, even if he is a part of Parliament, does not have parliamentary privileges.

Breach of Parliamentary Privileges

If any person or officer violates the individual or collective privileges of a Member of Parliament, such as, disrespect, abuse, attack, etc., such acts are comsidered as breach of Parliamentary Privileges which is punishable by the house.

Thus, the above facts make it clear that Parliamentary Privileges in India have been enforced so that the respect of the Parliament and its members can be ensured.

But it is observed that after winning the elections, these representatives do not respect the public while on the other hand they expect that the public should give them due respect. Apart from this, you may have noticed that the Parliamentarians are often seen misbehaving with the officials and the general public. This is called the misuse of parliamentary privileges.

Therefore, it is the need of the hour that if the government wants to maintain the dignity of the democracy then it should make appropriate changes in the parliamentary privileges because nobody can be superior to the general public.

Conclusion

The privileges are conferred on the members for smooth functioning of the Parliament. But, these rights should always be in conformity with the fundamental rights because they are our representatives and work for our welfare. If the privileges are not in accordance with the fundamental rights then the essence of democracy for the protection of the rights of the citizen will be lost. It is the duty of the Parliament not to violate any other rights which are guaranteed by constitution. The members should also use their privileges wisely and not misuse them. They should always keep in mind that the powers do not make them corrupt. The Parliament cannot adopt every privilege that is present in the house of commons but should adopt only those privileges that accordingly suits our Indian democracy.

Gandhi ji and Communal Liberty

Gandhi is an important figure in India’s national movement. A phase of our national movement is called the Gandhian Phase. Nation is defined as a people sharing a common language, history and culture and having a sense of belonging to their common identity. The idea of nation was combined with the nation of the state. It developed where the people of one nation were suppose to live in one state. Nationalism has 2 versions: Premordial and Modernist.

Premordial versions means is the the original versions of nationalism in which the nation has a common language, culture, ethics and history. The modernist version however they treat people like a particular territory and sharing its civic amenities despite loving different ethic on regular affinities.

Gandhi ji was one of the nationalist who was the leader of many movements. He helped us to get independence. He believed in non- violence. He lead many movements in his opposition to the British rule like Satyagraha, Dandi March, Khilafat Movement, the non-cooperation movement. For Mahatma Gandhi, nationalist was based on understanding what was required for people to be free. He was not a socialist but, in common with the socialists, he believed that capitalism could never solve the problem of unemployment and the mental dullness is produced. Gamdhi ji also fought against the practices of sati, child marriage, oppressions of widow, ‘pardah’ and fueled emancipation of women.

Gandhi ji on Communal Liberty

India is a land of diversity. Populated by heterogeneous people of multifarious languages, religion, castes and creeds. Inspite of such diversities of character, there is always an underlying unity among them since time immemorial. The fact also remains that there is always a threat to narrow communal feelings. In modern India, gandhi was one of the greatest champions and communal unity. He lived his whole lofe striving for it, ensuring it, stood firmly by itand finally sacrificed his life in the pursuit of his communal unity. For Gandhi the life of communal unity was even greater than swaraj. None of the political leaders or religious priests were as devotedly concerned about communal unity as Gandhi ji was. Gandhi ji saw truth, love, compassion and service enlisted in all religions, which led him to accord equal respects to all faiths. All religion insist on equality of human race and developing a harmonious relationship with the entirety of creation. Any violation of the principle of equality gives way to conflict and violation. Gnadhiji regarded Islam as a religion of peace in the same sense as Christanity, Buddhism and Hinduism. No doubt, there are differences in the degree. He said in this regard that he knew the passages that could be quoted from the holy Quran to the contrary. Hindu and Muslim has often raised a great challenge before India became secular. Without unity between Hindu and Muslim no certain progress can be made by the nation tenet that ‘unity is strength’ is not merely a copy book maxim but a rule of life. Hindu-Muslim unity means not only unity betwwen Hindus and Muslims but betwwen all these who believe India to be their home, no matter to what faith they belong. Gandhi ji did not fully succeed in Hindu-Muslim unity . Some writers felt that Gandhi ji locked a historocal perspective. He did not take into the account that held that religion with its dagma, tradition, customs, rituals and historical memories has on the minds of men and women in the pre modern society. Gandhi assigned only a derination role to the cultural factors. He did not grasp the deeper social and cultural roots of the hindu-muslims conflict. Gamdhi placed the entire blame for the communal problem on the British. He thought that hindu-muslim was essentially religious amd missed the social aspect of the problems. Gandhi always emphasized upon the necessity of openness of mind for the unity and harmony of the society. It was not a question of failure or success. Gandhi realised that the only alternative to violence coercion, retribution and chaos was restoration of society among the misguided individual to counter Frenzy and indictiveness, gandhi sought rehabilitation of balanced social interrogation among the masses to reslove to put the cause of nation above all denominated prejudices. Today, India is a secular nation. Democracy is mature, muslims have got equal rights and opportunities and are more secure in India than in any other country. The credit goes to the founding father of contribution and Mahatma Gandhi.

Structure of banking system in India

Introduction

Banking in India in the mdern sense originated in the last decades of the 18th century . The first banks were Bank of Hindustan (1770-1829) and the General Bank of India established 1786. The largest bank and the oldest still in existence, is tge State bank of India, which originated in the Bank of Calcutta in June 1806 , which almost immediately became the bank of Bengal. This was one of the three presidency banks , the other two being The Bank of Bombay and The bank of Madras , all three of which were established under charters from the British East India Company. The three banks merged in 1921 to form the Imperial Bank of India , which , upon India’s independence became the State Bank of India in 1955. For many years the presidency banks acted as quasi-central banks , as did their successors until the reserve Bank of India was established in 1935 .

Reserve bank of India (RBI)

The Reserve Bank of India is India’s central banking institution, which controls the monetary policy of the Indian rupee. It commenced its operations on 1 April 1935 during the British Rule in accordance with the provisions of the Reserve Bank of India Act,1934 and in 1949 it was nationalized.The central office of the Reserve Bank was initially established in Calcutta but was permanently moved to Mumbai in 1937. The central office is where the Governor sits and where policies are formulated. Sir CD Deshmukh is the first Governor of RBI. The RBI has four zonal offices at Chennai, Delhi, Kolkata, Mumbai and 20 regional offices mostly located in the state capitals and 11 sub-offices. Reserve Bank of India Act,1934 is the legislative act under which the Reserve Bank of India was formed. This act along with the Comapnies Act, which was amended in 1936, were meant to provide a framework for the supervision of banking firms in india.

Scheduled and non-scheduled banks

Scheduled banks in India refer to those banks which have been included in the second schedule of Reserve Bank of India Act, 1934. Banks not under this schedule are called non-scheduled banks. In other words, Banks with a reserve capital of less than 5 lakh rupees qualify as non-scheduled banks. Unlike scheduled Banks , they are not entitled to borrow from the RBI for normal banking purposes, except, in emergency or ‘abnormal circumstances’. Coastal local Area Bank Ltd. (Vijayawasa,AP), Capital Local Area Bank Ltd. (Phagwara, Punjab), Krishna Bhima Samrudhi Local Area Bank Ltd. (Mehbubnagar, Telangana), Subhadra Local Area Bank Ltd. (Kolhapur, Maharashtra) are the only non-scheduled banks in India.

Scheduled banks are further internally classified into commercial banks and cooperative banks.

Public Sector Banks

Public sector banks (PSBs) are banks where a majority state (ie., more than 50%) is held by a government . The shares of these banks are listed on stock exchange. There are a total of 21 PSBs in India and State Bank of India group.

In 1969, the Indira-Gandhi headed government nationalised 14 major commercial banks ( Allahabad Bank , Bank of Baroda , Bank of India , Bank of Maharashtra , Canara Bank , Central Bank of India , Dena Bank , Indian Bank , Indian Overseas Bank , Punjab and Sindh Bank , Punjab National Bank, Sindicate Bank , UCO Bank , United Bank of India)
In 1980 , a further 6 banks were nationalised (Andhra Bank , Cooperation Bank , New Bank of India , Oriental Bank of Commerce, Punjab and Sindh Bank , Vijay Bank )
IDBI Bank is an Indian government-owned financial service company, formarly known as industrial Development Bank of India , headquartered in Mumbai , India .It was established in 1964 and nationalised in year 2005 .

Private Sector Banks

The ‘Private- Sector’ banks are baks where greater parts of share or equity are not held by the government but by private shareholders . There are many Indian and Foreign Banks in India . HDFC Bank , ICICI Bank , Axis Bank , Kotak Mahindra Bank , Yes Bank , IDFC Bank , RBL Bank , Federal Bank , City Union Bank are the major private banks in India.

Regional Rural Banks

Regional Rural Banks were formed on October 2,1975 upon the recommendations of M. Narsimham working group during the tenure of Indira Gandhi’s government. The object behind the formation of RRBs was to serve large unserve population of rural areas and promoting financial inclusions . They have been created with a view to serve primarily the rural areas of India with basic banking and financial services. However, RRBs may have branches set up for urban operations and their area of operation may include urban areas too.

Cooperative Banks

The cooperative banks are furtger classified into:

State cooperative banks: These are small financial institutions which are governed by regulations like Banking Regulations Act , 1949 and Banking Laws Cooperative Socities Act ,1965 . At present there are about 33 state cooperative banks of which 19 are scheduled.
Urban/ Central cooperative banks: The term urban cooperative banks (UCB) refers to primary cooperative banks located in urban and semi-urban areas . These banks till 1996 , were allowed to lend money only for non-agricultural purposes. This distinction does not hold today . They essentially lent to small borrowers abd business . There are about 2,104 UCBs of which 56 were scheduled Banks. About 79 percent of these are located in 5states- Andhra Pradesh, Gujarat, Karnataka, Maharashtra and Tamil Nadu .
Primary credit Socities: Primary Credit Societies or primary agricultural credit society (PACs) is a basic unit and smallest cooperative credit institutions in India. It works on the grassroot level (Gram panchayat and village level ) . It virtually function like banks , but whose net worth is less than Rs. 1 lakh; who are not members of the payment system and to whom deposit insurance is not extended .

Classification of Law in Jurisprudence

International Law and Municipal Law

Law maybbe broadly divided into two classes: international law and municipal law. Whatever the objections raised against the claim of international law to be called international law, it is now recognised that international law is not only law but also a very important branch of law.

International law is divided into two classes: public international law and private international law. public international law is that body of rules which governs the conduct and relations of the States with each other. by private international law we mean those rules and principles according to which cases having foreign element are decided. if a contract is made between an Indian and a Pakistani which is to be performed in Sri Lanka, the rules and principles on which the rights and liabilities of the parties depend are to be determined by private international law. Critics point out that the term private international law is not correct. The adjective “international” is wrongly given to it as it does not possess any characteristics of international law. Private international law applies to individuals and not to States. Moreover, the rules and principles of private international law vary from State to State and there is no uniformity. Private international law is enforced by municipal courts which apply municipal law and not international law. In order to avoid controversy, it is suggested that private international law be called Conflict of Laws and should be treated as a branch of municipal private law.

Municipal Law

Municipal law is the law applied within a State. It can be divide into two classes: public law and private law. Public law determines and regulates the organisation and functioning of the State and determines the relation of the State with its subjects.

Public law is divided ito three classes: constitutional law, administrative law and criminal law. Constitutional law determines the nature of the State and the structure of the government. It is superior to the ordinary law of the land. Constitutional law is written in India and the Unites States but it is unwritten in England. The modern tendency is to have written constitutons.

Administrative law deals with the structure, powers and functions of the organisation of administration, the limits of their powers, the methods and procedures followed by them and the methods by which their powers are controlled including the legal remedies available to persons whose rights have been infringed.

Criminal law defines offences and prescribes punishments for them. It not only orevent crimes but also punishes the offenders. Criminal law is necessary for the maintenance of law and order and peace within State. In criminal cases, it is the State which initiates proceedings against the wrongdoers. The State is always a party in criminal cases.

Private law regulates and governs the relations of citizens with one another. The parties are private individuals and the State decides the disputes among the people. There is great difficulty in classifying private law. A general classifiactionof private law is the law of persons, the law of property, the law of obligations, the conflict of laws, contaracts, quasi-contracts and tort.

Critics point out many defects in the above classification o laws. Many of the classes of laws do not exist in many legal systems of the world. Those branches f law which have recently been developed cannot be put under any classification. The result is that the classification given abone is neither universal nor exhaustive. Many jurists have attempted classifications on different principles. New branches of law are growing and developing rapidly in different parts of the world and provision has to be made for them in any classification of laws. Industrial law and commercial law are such subjects.

Conversion to Islam and Marital Rights

Introduction

Muslim law applies to-
1) Mohammedans by birth, as well as to,.

2) Mohammedans by conversion.

A non-muslim , who has attained majority and is of sound mind may embrace Islam in any of two modes:-

a) He may simply declare that he believes in the oneness of God and the Prophetic character of Mohammad,or

b) He may go to a mosque, to a person who is well versed in Islamic theology (Alim), where he utters Kalma (Lailaha-ill-Allah Muham-mad-ur Rasoolullah) before Imam, whereupon he is given a muslim name by the Imam. It is however, necessary that the conversion must be bona fide; the Court will not permit any one to commit a fraud upon the law by pretending to be a covert Islam in order to elude te personal law by which he is bound .

In Rikhya Bibi v. Anil Kumar , a hindu women accepted Islam in order to get rid of her Hindu husband, who was impotent. It was held that her conversion to Islam was colourable and was effected with the intent to commit a fraud upon the law, and was therefore invalid and ineffective.

Conversion to Islam and Marital Rights

According to Muslim Law, a distinction, is made between conversion to Islam of one of the spouses when such conversion takes place-
1) In a country subject to Muslim Law, and

2) In a country where the Law of Islam is not the law of the land

In the first case, when one of the parties embraces Islam, he should offer Islam to the other spouse , and of the latter refuses, the marriage can be dissolved. In the second case, the marriage is automatically dissolved after the lapse of a period of three months after the adoption of Islam by one of the spouses. The courts in India do not administer the laws of any particular community but they administer such laws as are valid in India. Muslim Laws is administered only in those cases where it happens to be the law of India and where the parties are muslims. In India , the spouse who has become a convert to Islam can sue for divorce or a declaration of dissolution of the marriage on the ground that the other spouse has refused to adopt the Muslim religion. It has been held in Pakistan that a marriage of a Hindu married woman on her conversion in British India to Islam should be regarded as dissolved on the completion of three of her monthly couses without any decree or order of the court.

In Sarla Mudgal v. Union of India, the Supreme Court has held that the second marriage of a Hindu husband after conversion to Islam without having his first marriage dissolved under law would be invalid. The second marriage would be void in terms of the provision of Section 494, IPC and the apostate husband would be guilty of the offence under Section 494 of IPC.

In Lily Thomas v. Union of India, the Supreme Court has observed that if hindu wife files a complaint for the offence of bigamy under Section 494, IPC on the ground that, during subsistence of marriage her husband had married a second wife under the other religion after converting to that religion, the offence of bigamy pleaded by her would have to be investigated and tried in accordance with the provisions of the Hindu Marriage Act. Since under Hindu Marriage Act, a bigamous marriage is prohibited and has been constituted as an offence under Section 17 of the Act, any marriage solemnized by the husband during the subsistence of that marriage in spite of his conversion to another religion, would be an offence under Section 17 of the Hindu Marriage Act read with Section 494 of IPC. Change of religion does not dissolve the marriage performed under the Hindu Marriage Act between two hindus. Apostasy does not bring to an end the civil obligation or matrimonial bond but it is a ground for divorce under Section 13 as well as ground for judicial separation under Section 10 of Hindu Marriage Act.

Conversion to Islam and Rights of Inheritance

In the absence of a custom to the contrary, in case of a Hindu converts to Islam, succession and inheritance are governed by Mohammedan Law and not by Hindu law.

Where a Hindu, who had a Hindu wife and children, embraced Islam and married a Muslim woman and had children by her,his property would pass on his death to his Muslim wife and children and not to his Hindu wife or children because under Muslim Law, a Hindu cannot succeed to the estate of a Muslim.

Effects of conversion to Islam

The legal consequences that follow by conversion, may be summarised as under:

1) The religion of Islam is substituted for the previous religion of the convert to Islam, with so much of the personal law as necessarily follows from that religion;

2) The rights and status of the convert become subject to the Mohammedan law;

3) His apostasy (abandonment of religion) has an immediate and prospective effect, from the moment of the conversion and is not retrospective;

4) Conversion of the both spouse, without any intention to commit fraud upon the law, will have the effect to altering the rights incidental to marriage, but this question was left undecided by the Privy Council in Skinner v. Orde.

5) Succession to the estate of a convert is governed by Muslim Law.

Effect of renunciation of Islam

Under the pure Muslim Law Mohammedan after renouncing Islam loses all rights to succeed as Muslim. But now under the provision of the Caste Disabilities Removal Act XXI of 1850, the apostate will lose such rights. The question here arises as to what amounts to apostasy, i.e., abandonment of one’s religion. The answer is that mere deviation from non-fundamental provisons of Mohammedan religion does not amount to apostasy. So long as a person is prepared to accept the fundamental tenets of Islam, he is not an apostate.

Apostsy of guardian – According to Mohammedan Law an apostate has no right to contract a minor in marriage: Hedaya, 392. It is enacted however, by Act XXI of 1850, that no law or usage shall inflict on any person who renounces his religion any “forfeiture of rights of property”, and it was accordingly held in Muchoo v. Arzoon that a Hindu father is not deprived of his right to the custody of his children and to direct their education by reason of his conversion to Christianity. It is submitted that the decision in Muchoo’s case is correct . But the court may in its discretion deal with each case on its own merits.

Effect of renunciation of Islam on Marriage

Marriage of a Muslim husband with a Muslim wife is dissolved ipso facto on the renunciation of the husband of the Islamic religion, their marriage remains intact and is not dissolved.

The renunciation of Islam by a married Muslim woman on her conversion to a faith other than Islam does not by itself dissolve her marriage. But were a woman converted to Islam from some other faith re-embraces her former faith, her marriage with the Muslim husband stands dissolved .

Comparative Study b/w Parliamentary and Presidential System of Government

Parliamentary system is a democratic form of government in which the party with the greatest representation in parliament (legislature) forms the govt., its leader becoming prime minister or chancellor. Presidential form of govt. is a democratic and republican govt. in which a head of govt. leads an executive branch. The head of govt. is in almost cases also the head of the state, which is called the President. India follows a parliamentary form of govt. modelled on Britain’s.

Features

Features of Presidential system are that the executive can veto acts by the legislature, the President has a fixed tenure and cannot be removed by a vote of no confidence in legislature. The President has the power to pardon or commute judicial sentences awarded to criminals and the President is elected directly by the people or by the people or by an electoral college whereas features of parliamentary system are- close relationship b/w the legislature and the executive, executive is responsible to the legislature, there are two executive i.e. real executive and titular executive, bicameral legislature, no fixed tenure, leadership of Prime Minister.

Merits

Merits of Presidential system are- seperation of powers, expert govt., stability and less influence of the party system.

Merits of Parliamentary system are- better coordination b/w executive and legislature, prevents authoritarianism, responsible govt., represents diverse groups, flexibility in the system.

Demerits

Demerits of Presidential system are- less responsible executive, deadlocks b/w executive and legislature, rigid govt., spoils system as the system gives the President sweeping powers of patronage.

Demerits of Parliamentary system are- no seperation of powers, unqualified legislators, instability, failure to take prompt decision because there is no fixed tenure, party politics is more.

Conclusion

The Presidential system is better for one because of its seperation of powers, the role of judiciary and the govt. accountability to its people. We should ensure a system of govt. whose leaders can focus on governance rather than on staying in power. The present parliamentary system has been tried and tested for nearly 70 years. It can be reformed thoroughly to remove the challenges thrown up by it. Also, there is a need to reform the electoral processes to make democracy more robust.

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Gandhi ji on Communal Liberty

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