India Judiciary and Judicial Reforms

As very rightly stated in a quotation by 19th Century British Politician Lord Acton that power corrupts but absolute power corrupts absolutely. In India, to ensure that the concept of ‘absolute power’ does not take over, it is divided among three organs of the government- the Legislature, the Executive and the Judiciary. This division of powers results in the balance of functioning of these organs of the government. These three pillars to the Indian government works within their arena wherein the role of the Legislature is to make laws, the role of the Executive includes the implementation of the laws made by the Legislature but the Judiciary acts as a Watchdog for both the Executive and Legislature. The Judiciary ensures that no law passed by the Legislature is implemented by the Executive that takes away, in any manner, the rights of the individual or the citizens which are guaranteed by the Constitution. Article 13(2) of the Indian Constitution states that the State shall not make any law which takes away or abridges the rights conferred by this Part (Part III of the Constitution) and any law made in contravention of this clause shall, to the extent of contravention, be void. And it is because of this Article that the Judiciary remains vigilant for the purpose of keeping a check on the validity of these laws.

NEO Bank- Revolution in Indian Banking Sector- A Critical Analysis

A bank is a place where all kind of financial transaction takes place, where people save their money or make investments through it. In the age of digital India, we are focusing on digitalization of everything then why not banks also. Neo banking is a concept where we do not have any physical bank because it will provide services entirely through online mode. Neo banking is an entirely different concept where customer can avail all the service of physical banks even without having any physical bank-like money transfer, money lending, investments and many more. These neo banking are completely based on the “Information Technology” and “Artificial Intelligence” but still they do not have bank license as Reserve Bank of India keep a strict check on banking services. Thus, these neo banks depend on the bank partners to provide them with banking service license. Today it has become very important for every business to meet the requirement of the customers and their level of satisfaction if they want to survive in the market, but somehow traditional banking approach are unable to fulfill that which neo banking is trying to fill that gap between the customer and traditional bank.
In this research paper, the author will firstly explain the concept of neo banking, functionality of neo banking than the author will focus on the regulation of the neo banking and their reorganization in Indian banking sector. The paper will further emphasize on the working aspect of the neo banking means services provided by them to their customers. Thereafter, the author will put light on scope of neo banking in India and at the end; the paper will also contain a comparative study of working neo banking in India and in other countries.
Keywords: Neo banking, online transaction, customer satisfaction, Reserve Bank of India, Information Technology, Artificial Intelligence.

Cyberbullying Laws in India

India is a developing nation which has been showing a rapid growth in the not only the Cyber World but in all sectors, with latest technologies and high speed internet, India is not lacking behind, but along with growth in Cyber World there’s also a significant growth in number of Cyber Crimes in India too. The internet has certainly become an indispensable part of our everyday lives. It has brought everyone together, it has completely evolved the way of connecting and communicating to people around the world, each and every information about everyone is available with a single click. With developing technology and advancements, Cyber Crime has also increased, Cyber Bullying, Cyber Stalking, Phishing, Spoofing, etc. are some Cyber Crimes but still all of them are not foreseeable. Cyberbullying is a sort of online communication in which a person or a group of person anguishes the reputation and privacy of a person, or pester, or threatens, leaving a long-lasting traumatizing impact on that person. It means using over the lawful limit and unapproved use of the internet affecting the life and remanence of a person.
This paper focuses at knowing the what cyberbullying means it causes as to why it happens, its various modes through which it is done, and repercussions, know how cyberbullying involving a major and an adolescent is different, and the cyberbullying laws in different countries worldwide and in Indian Legislations such as the Information Technology Act, 2000 & the Indian Penal Code,1860, and whether there is a provision for cyberbullying offence and are these remedies are ample enough to punish the bullies.

The Three Farm Laws: An Analysis of the Provisions, the Concerns and the Road Ahead

Amidst the growing concerns for the ongoing Covid-19 pandemic, thousands of farmers brave the cold and the police blockades to protest and voice their disapproval of the newly enacted farm laws by the Central Government. The laws have been deemed to be revolutionary by the Central Government and have been advocated as long sought reforms in the agricultural sector. The laws, when read together, focus on a shift from the decades old APMC controlled Mandi system to the one dominated by market forces. They open the gates for corporates and finance houses to enter the agricultural sector, hoping to change the lives of millions who depend on farming and the allied activities. The three laws have faced challenges form the very onset. They were first challenged on being promulgated through ordinance route, then on their fragile constitutionality as against the spirit of cooperative federalism and are finally being opposed as against the best interests of the most important stakeholders of the sector i.e. the farmers. In this background, this paper firstly defines the provisions the three laws provide and explains the vision, when the three laws are read together. The focus then shifts to speculate on the how the laws will bring about constructive changes to the India’s agrarian sector while also arguing against the provisions and implementation of the Acts. The paper also provides insight into the constitutionality of the Acts and discusses the possible solutions and measures ahead.
Keywords: Farm laws, Acts, Agriculture, APMC, Cooperative Federalism.

Situational analysis of Internally Displaced Persons (IDPs) in the context of International law, Indian law and COVID – 19

This paper explores the issue of protection of Internally Displaced Persons (IDPs) under both national and international law governing the same. Furthermore, an analysis has been carried out on the situation of the discrimination faced by the Kashmiri Pandits, the people of the states of Northeast India and most recently the migrant workers who have been displaced as a result of COVID 19. This study focuses on theoretical and the legal provisions dealing with the people who have suffered due to conflict induced displacements. It concludes by suggesting measures that need to be undertaken to alleviate the difficulties of those affected.

An Appreciation of Legal Semiotics in the Judgement of Aruna Ramchandra Shanbaug Vs Union of India & Ors.

On March 7, 2011, the Supreme Court of India SCI delivered a progressive judgement with far-reaching implications for euthanasia in India. The 110-page document written by Justice Markandey Katju begins with a quote from Mirza Ghalib: “Marte hain arzoo mein marne ki, maut aati hai par nahi aati.” (We perish with the wish to die / Death mocks, but it will not arrive.) The line amazingly encompasses the dilemma behind the issue presented in the case. Justice Katju then goes on to include a careful analysis of legal opinions from across the world before opining that passive euthanasia can be practiced legally in India. The judgement is a beautiful read; it carries the reader on the journey of the Indian judiciary deliberating in the battle of morality against mortality, and dignity against death. Predictably, India resorted to its usual stance of bewildered obstreperousness when time came to actually decide on the issue of right to life equating to the right to die. However, the contents of the judgement touched on every delicate and controversial topic related to euthanasia, sparking a fairly predictable shouting match with opposing arguments carrying the power of logic, as well as the dead weight of sanctimonious posturing. The article talks about the bravery that oozes from the judgement and how language has been smartly used to present liberal opinions on whether right to life includes a concomitant right to die.
Keywords: Article 21, Constitution, Euthanasia.