Students who do well on exams manage self-impression in various ways when engaging with
other students after receiving their grades. According to Denial Albas and Cheryl Alba’s
individual frequently alter their demeanor towards others to convey the impression which intern
are in favor to them, there are three categories of students the ‘Aces’ the ‘Middle of the
Roaders’ and the ‘Bombers’ who knows that they must create a self-impression for them to be
regarded as a praiseworthy people (Denial and Cheryl,1988,p.290). Self-impression of “Aces”
when encountered by an “Aces” are likely to be accessible because “it’s much easier to admit a
high mark to someone who has done better than you, or at least well” (Denial and Cheryl,
1988,p.298). However, the self-impression is utterly different between the encounter of an ‘Aces’
and ‘Bomber’ for the students who did well on their exam are most likely to interact with the
bombers but hesitate because they remember how poorly they had performed before the
interaction began. ( Denial and Cheryl,1988). In conclusion, the student who does well is often
modest with their self-impression towards others, especially towards people with low grades to
preserve one’s honour.

Are we aware of our surroundings? Simple things and day-to-day tasks are the things that we
are aware of, such as our physical future and our natural surroundings. However, how do we
exactly know if it exists? What if everything was just a dream or when we make up we feel it is
was all a hallucination. So trying to prove that there was an outside world would be a part of the
dream. Trying a different way to prove that there is an outside world would be useless. Slapping
or pinching yourself to wake up from that dream would not work.
Observations can be mistaken, but other observations can also correct it. Our idea of things that
exist is just our idea. If we see a snake in our dream and ounce, we wake up; we will realize that
it was just a reflection of a grass. Our belief in the world is outside our minds comes very
quickly; therefore, we do not need any ground or proof for it. We can live with it because there
may be a possibility of our belief becoming false, or we have no basis for ruling out the
possibility.

In the article Women’s self-sexualization in photos on social media (2017, June 15), Laura
R. Ramsey, Amber L. Horan, tries to scrutinize the level at which young female post sexually
appealing pictures of themselves on social media because they are longing for public attention.
(Ramsey and Horan, 2017)
There has been widespread growth in women’s sexualization, especially in western media.
As a result, women have destitute body image about themselves; their tolerance level towards sex
violence against women has increased, and also women are now more prominent supporters of
sexist beliefs (Ramsey and Horan, 2017). According to Ramsey and Horan, women self objectify
themselves in a sexualized manner which could be used as an object; women give more value to
what others think about them, people’s perspective and how they look {physically}.
Young adult posting pictures in social media like Instagram and Facebook has always been much
of a public concern (Ramsey and Horan, 2017)example, “in early 2016 journalist Nancy Jo Sales
published a book about girls’ sexualized behaviour online that immediately made into the New
York Times Best Seller list, and online article about the book garnered hundreds of concerned
comment” (e.g.,NPR, 2016). (Ramsey and Horan, 2017, para 1).

According to research by (Manago, Graham, Greenfield and Salimkhan, 2018), young
women post sexually appealing pictures on social media and does not bound themselves with
cultural obligations and uploads pictures with minimum amount of clothing to make it more sexual,which is likely to receive more likes or views with flooding number of positive comment. (Ramseyand Horan, 2017)

The growing popularity of social media site has made it more vulnerable for the young adult
to post self-sexualized pictures of themselves, even the sites emphasis and promotes in sharing
sexual pictures which is in the way of supporting self-sexualization. (Ramsey and Horan, 2017).
(Daniels and Zurbriggen, 2016) Found out posting sexually appealing pictures comes with a price,
In their experiment, they found out sexualized profile pictures of women were viewed less alluring
and not competent when tallied with her non-sexualized profile picture by other young women. It
was also found that young men were only sexually attracted to women who posted sexualizing
pictures and were not interested in committing to a relationship with them. (Moreno, Swanson,
Royer, and Robert, 2011).

(Sherman et al., 2016) points out the primary motivation of women posting self-sexualized
photos on social media showed the want of attention from the audience, which is the main factor
that acts as a motivation manifested by likes and comments on uploaded pictures. (Ramsey and
Horan 2017). The finding also shows that “adolescents who viewed photos with a lot of “likes”
showed more unusual activities in the regions of the brain associated with reward processing and
attention”(Sherman, Payton, Hernandez, Greenfield and Dapretto, 2016, p86). Therefore getting
more likes acts as a catalyst for social media behaviour. (Ramsey and Horan, 2017).

Self Objectification of oneself has brought negative impact such as inculcating
psychological disorders {which is very hazardous and destroys the equilibrium state of individual}
(Ramsey and Horan 2017)
Do some questions revolve around this article, which also gives us a conclusion and some
reverent answer as to what extent do young women post self- sexualized photos on social media?
(Ramsey and Horan, 2017). Dose posting such pictures gain much positive remark in the form of likes, comments and followers? Moreover, how do we predict which women post self- sexualized
pictures on social media? (Ramsey and Horan, 2017). The answer to these questions is: young
women post sexually appealing pictures in social media for the desire of attention from people who
are on social networking sites. For a matter of fact, wanting attention is very much related to self-
objectification, zeal for sexualization, and having a view that sex is their source of power. (Ramsey
and Horan, 2017).

“Dress shabbily and they remember the dress; dress impeccably and they notice the woman.” quotes Chanel.  Fashion has a very big dimension in the world of today, but till now no one can give justice to its definition. It’s mainly a self-reflection of the person, and the image that they want to create in the society. Fashion trend is defined as a particular style, or clothing at a particular period of time. The modern world is now a combination of different people all having their own extraordinary patterns and style. Thus, fashion is not mere about clothing or dressing up but bringing up the creator in you.

Fashion and youth go hand in hand, its this generation that brings out a new approach in this arena. Fashion not only means wearing clothes, but feeling comfortable, confident and beautiful with your skin. It adds a flash of colour to your emotions and transforms your life. The different colour you wear is also a reflection of your feelings. It is proven that Warm colours is associated with happy times and dull colour are worn when you feel low or unhappy. Coming from the traditional attire to the plain bland long clothes, to miniskirts, dresses and now baggy jeans, we can see the transition of fashion industry to extreme levels. The teenager nowadays is very active in social medias and technological development this also brings them into an exposure of the current trend, and being a fast-moving world, everything is at the tip of their fingers. Therefore, the youth today should never underestimate the power of a good outfit on a bad day.

Everyday is a fashion show, and the world your runway, is a popular conception in the fashion industry, not only are two people distinct by their appearance but their taste and clothing differ too. Sometimes these are mainly a contribution of the place they live in or due to their beliefs and notion. In India, there are a mix of people but the most dominant in them are the Hindus, the Muslims and the Christians. Firstly, the Hindus follow several Holy God and their way of clothing is mainly normal traditional attire with a mix of their tribal dress and heavy makeup at the time of festival. The Muslims wear burkha normally or clothes that will cover their body because that’s what their religion had told them about. Finally, Christian is a migrant religion and western to Indian wear is seen by the people who follow this religion. It is seen that in Hinduism when there is a death in the family, they normally wear white, but in Christianity white is a symbol for holiness and they marry in white beautiful gowns. Red sari is normally worn by the Hindu brides in their marriage. The Muslims on the other hand wear the black burkha on a daily basis and have hijab for their own belief. Thus, fashion is not only to look pretty or attractive but has some deep roots in their values and rituals, because at the end, life cannot be perfect but your outfits can be.

Fashion is thus a stepping stone for self-love, its when you feel good that you start getting confidence and that’s the biggest magic that fashion does in your life. As Neiman Marcus rightly said, “If loving fashion is a crime, we plead guilty.”

The Act provides that the arbitral tribunal may rule on its own jurisdiction, including any
objections with respect to the existence or validity of the arbitration agreement. The arbitration
agreement shall be deemed to be independent of the contract containing the arbitration clause,
and invalidity of the contract shall not render the arbitration agreement void. Hence, the
arbitrators shall have jurisdiction even if the contract in which the arbitration agreement is
contained is vitiated by fraud and/or any other legal infirmity. Further, any objection as to
jurisdiction of the arbitrators should be raised by as party at the first instance, i.e., either prior to
or along with the filing of the statement of defence. If the plea of jurisdiction is rejected, the
arbitrators can proceed with the arbitration and make the arbitral award. Any party aggrieved by
such an award may apply for having it set aside under Section 34 of the Act. Hence, the scheme
is that, in the first instance, the objections are to be taken up by the arbitral tribunal and in the
event of an adverse order, it is open to the aggrieved party to challenge the award.
In SBP & Co. v. Patel Engg Ltd.8 the Supreme Court of India (in a decision rendered by a Bench
of Seven Judges) held that the nature of power conferred on the Court under Section 11 of the
Act is judicial (and not administrative) in nature. Accordingly, if parties approach the Court for
appointment of arbitral tribunal (under Section 11) and the Chief Justice pronounces that he has
7 Section 11 of the Act.
8 (2005) 8 SCC 618
6
jurisdiction to appoint an arbitrator or that there is an arbitration agreement between the parties
or that there is a live and subsisting dispute to be referred to arbitration and the Court constitutes
the Tribunal as envisaged, this would be binding and cannot be re-agitated by the parties before
the arbitral tribunal.
In S.B.P & Co. case the Supreme Court has defined what exactly the Chief Justice, approached
with an application under Section 11 of the Act, is to decide at that stage. The Chief Justice has
the power to decide his own jurisdiction in the sense whether the party making the motion has
approached the right court. He has to decide whether there is an arbitration agreement, as defined
in the Act and whether the person who has made the request before him, is a party to such an
agreement. He can also decide the question whether the claim was a dead one; or a long-barred
claim that was sought to be resurrected and whether the parties have concluded the transaction
by recording satisfaction of their mutual rights and obligations or by receiving the final payment
without objection.
The Court in SBP & Co case, inter alia, concluded as follows:
(i) The power exercised by the Chief Justice of the High Court or the Chief Justice of India
under Section 11(6) of the Act is not an administrative power. It is a judicial power.
(ii) The power under Section 11(6) of the Act, in its entirety, could be delegated, by the Chief
Justice of the High Court only to another Judge of that Court and by the Chief Justice of
India to another Judge of the Supreme Court.
7
(iii) In case of designation of a Judge of the High Court or of the Supreme Court, the power
that is exercised by the designated Judge would be that of the Chief Justice as conferred
by the statute.
(iv) The Chief Justice or the designated Judge will have the right to decide the preliminary
aspects as indicated in the judgment. These will be, his own jurisdiction to entertain the
request, the existence of a valid arbitration agreement, the existence or otherwise of a live
claim, the existence of the condition for the exercise of his power and on the
qualifications of the arbitrator or arbitrators. The Chief Justice or the designated Judge
would be entitled to seek the opinion of an institution in the matter of nominating an
arbitrator qualified in terms of Section 11(8) of the Act if the need arises but the order
appointing the arbitrator could only be that of the Chief Justice or the designated Judge.
(v) The District Judge does not have the authority under Section 11(6) of the Act to make
appointment of an arbitrator.
(vi) The High Court cannot interfere with the orders passed by the arbitrator or the Arbitral
Tribunal during the course of the arbitration proceedings and the parties could approach
the Court only in terms of Section 37 of the Act (appealable orders) or in terms of Section
34 of the Act (setting aside or arbitral award).
(vii) Since it is a judicial order, an appeal will lie against the order passed by the Chief Justice
of the High Court or by the designated Judge of that Court only under Article 136 of the
Constitution to the Supreme Court.
8
(viii) No appeal shall lie against an order of the Chief Justice of India or a Judge of the
Supreme Court designated by him while entertaining an application under Section 11(6)
of the Act.
(ix) Where an Arbitral Tribunal has been constituted by the parties without having recourse to
Section 11(6) of the Act, the Arbitral Tribunal will have the jurisdiction to decide all
matters as contemplated by Section 16 of the Act.
Challenge to arbitrator:
An arbitrator may be challenged only in two situations. First, if circumstances exists that give
rise to justifiable grounds as to his independence or impartiality; second, if he does not posses
the qualifications agreed to by the parties. A challenge is required to be made within 15 days of
the petitioner becoming aware of the constitution of the arbitral tribunal or of the circumstances
furnishing grounds for challenge. Further, subject to the parties agreement, it is the arbitral
tribunal (and not the court – unlike under the old Act of 1940) which shall decide on the
challenge. If the challenge is not successful the tribunal shall continue with the arbitral
proceedings and render the award, which can be challenged by an aggrieved party at that stage.
This is another significant departure from the Model Law, which envisages recourse to a court of
law in the event the arbitral tribunal rejects the challenge.9
The Indian courts have held that “the apprehension of bias must be judged from a healthy,
reasonable and average point of view and not on mere apprehension of any whimsical person.
9 Article 13 of Model Law
9
Vague suspicions of whimsical, capricious and unreasonable people are not our standard to
regulate our vision.”10

The Indian law of arbitration is contained in the Arbitration and Conciliation Act 1996 (Act).1
The Act is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration
and the UNCITRAL Arbitration Rules 1976. The Statement of Objects and Reasons of the Act
recognises that India’s economic reforms will become effective only if the nation’s dispute
resolution provisions are in tune with international regime. The Statement of Objects and
Reasons set forth the main objectives of the Act as follows:
“i) to comprehensively cover international and commercial arbitration and conciliation as
also domestic arbitration and conciliation;
ii) to make provision for an arbitral procedure which is fair, efficient and capable of
meeting the needs of the specific arbitration;
iii) to provide that the arbitral tribunal gives reasons for its arbitral award;
iv) to ensure that the arbitral tribunal remains within the limits of its jurisdiction;
v) to minimise the supervisory role of courts in the arbitral process;
vi) to permit an arbitral tribunal to use mediation, conciliation or other procedures during
the arbitral proceedings to encourage settlement of disputes;
vii) to provide that every final arbitral award is enforced in the same manner as if it were
a decree of the court;
∗ The authors are partners of the law firm, Kachwaha & Partners.
1 Full text of the Act can be viewed at: http://www.kaplegal.com/statutes/index.html.
2
viii) to provide that a settlement agreement reached by the parties as a result of
conciliation proceedings will have the same status and effect as an arbitral award on
agreed terms on the substance of the dispute rendered by an arbitral tribunal; and
ix) to provide that, for purposes of enforcement of foreign awards, every arbitral award
made in a country to which one of the two International Conventions relating to
foreign arbitral awards to which India is a party applies, will be treated as a foreign
award.”

• A complaint in relation to any goods sold or delivered or agreed to
be sold or delivered or any service provided or agreed to be
provided may be filed with a District Forum by—
• (a) the consumer to whom such goods are sold or delivered or
agreed to be sold or delivered or such service provided or agreed
to be provided;
• (b) any recognised consumer association whether the consumer
to whom the goods sold or delivered or agreed to be sold or
delivered or service provided or agreed to be provided is a
member of such association or not;
• (c) one or more consumers, where there are numerous consumers
having the same interest, with the permission of the District
Forum, on behalf of, or for the benefit of, all consumers so
interested; or
• (d) the Central or the State Government, as the case may be,
either in its individual capacity or as a representative of interests
of the consumers in general.17

Complainant absent Opponents No.1 & 2 Ex-parte ORDER . (Per- Mr. S. S.
Vyavahare, Honble President )
The complainants have filed this complainant under Section 12 of the
Consumer Protection Act, against the opponents for getting compensation
alleging deficiency of service on their part. Facts giving rise to the present
complaint in short are as under:
The opponent No.1 is hotel under the name & style M/s. Ramee Guest Line
Hotel, whereas opponent No.2 is Valet Parking under the name & style Jay
13 Taj Mahal hotel vs united India Insurance Company Ltd. Judgement of Supreme court
Ambe Valet Parking. The offices of opponent No.1 & 2 are situated on the
address mentioned in the complaint.14
Complainant No.1 is father of complainant No.2. The complainant No.1 was
having one four wheeler car of Tata Safari Car. It is the contention of the
complainant that on 03/11/2011 the complainant No.2 along with his friends
visited opponent No.1 in above mentioned car. At about 12.15 a.m. at
midnight on 04/11/2011 the complainant No.2, after visiting to opponent No.1
had entrusted the keys of his car to one Mr. Guddu Jha who was employed by
opponent No.1 in his hotel to park guest car of opponent No.1in the valet
parking area. It is also contention of the complaint that Shri Guddu Jha has also
assured to the complainant No.2 about his identity and further assured that,
he will safely park the car and the car parked in the valet parking are within the
control of opponent No.1. Believing the representation of the said person
complainant No.2 handed over the same car to Shri Guddu Jha. It is further
contention of the complainant that Shri Guddy Jha also issued valet parking
receipt to complainant No.2. At about 02.45 a.m. when complainant No.2 left
the hotel of opponent No.1 he demanded for the return of his car from the
valet parking counter and also produced valet parking receipt. The concern
person Guddu Jha after receiving the receipt went to fetch the car but he
reported about the missing of the vehicle from the valet parking area. The
complainant No.2 was shocked and therefore again he confirmed the said fact
by accompanying to the said spot with Guddu Jha. According to the
complainants Shri Guddu Jha being servant/agent of opponent No.1 and 2 was
negligent in parking the vehicle unsafely. Therefore both the opponents are
vicariously liable for the theft of the vehicle. The complainants also reported
the theft to police. Complainants also issued notice to opponents calling upon
them to pay compensation. According to the complainants the cost of the
vehicle was Rs.10,00,000/- Therefore, complainants have filed present
complaint alleging deficiency of service on the part of the opponents for
negligently keeping the vehicle of the complainants.15
Both the opponents though served remained absent and therefore matter was
proceeded ex-parte against them by my learned predecessor. The
complainants were called upon to adduce their evidence. The complainants did
so by filing their evidence affidavit. Since then complainants did not turn up
before the forum. Today also complainants were absent. The contents of
complaint and evidence affidavit are very much similar to each other which
need not be repeated again. Since the opponents are ex-parte the contents of
14 MR RAMGIRISH SAHANI v. M/S. RAMEE GUEST LINE HOTEL District Consumer Disputes Redressal
Commission (26 Feb, 2016)
15 MR RAMGIRISH SAHANI v. M/S. RAMEE GUEST LINE HOTEL District Consumer Disputes Redressal
Commission (26 Feb, 2016)
complaint and evidence affidavit have gone unchallenged. The complainants
have filed on record the exit check, statement of Guddu Jha and copy of FIR to
justify the visit of the complainant No.2 to opponent No.1, parking of his car in
valet parking area through Guddu Jha who is employee of opponent No.1. The
copy of FIR shows about the theft of the vehicle. Whereas, the copy of notice
issued to opponent No.1 sufficiently go to show that vehicle of the
complainant which was handed over to Guddu Jha on day of incident was
stolen on 04/11/2012. It further shows that the vehicle was entrusted to
Guddu Jha who was employee of opponent No.1 & 2. Therefore opponents are
liable for act of their agent for deficiency of service on his part. Therefore we
have no hesitation to accept unchallenged testimony of complainant No.2 to
hold deficiency of service on the part of the opponents to conclude that
complainant is entitled to get compensation.
The complainants have shown the value of the car Rs.10,00,000/- they have
not produced the purchase receipt of said car nor complainants have made it
clear that vehicle in dispute was insured or not. The complainant have also not
made it clear whether they have received any amount from insurance
company. The registration documents of the said car shows that registration
was carried out for the year 2009-2010 meaning thereby the vehicle was
purchased in the year 2009. The incident has occurred in 2011 and therefore it
would not be justified to grant Rs.10,00,000/- towards cost of the vehicle.
Considering 10% depreciation per year on said car we are of the view that
complainants are entitled to get Rs.7,00,000/- towards the cost of the vehicle
and Rs.50,000/- towards compensation. Hence following order. ORDER
Complaint is allowed. It is hereby declared that the opponents have indulged in
deficiency of service while maintaining the custody of complainants car in their
valet parking. The opponent No.1 & 2 are jointly and severally, within two
months from the receipt of copy order do pay Rs.7,00,000/- to the
complainant towards compensation for loss of his car. Failing to which they
shall further pay 10% interest on said amount from the date of complaint till
the realization of said amount. The opponent No.1 & 2 are jointly and severally
within two months from the receipt of copy order do pay Rs.50,000/- to the
complainant towards compensation for mental agony and Rs.5,000/- towards
cost of the complaint. [HON’BLE MR. S S VYAVAHARE] PRESIDENT [HON’BLE
MR. S.V.KALAL] MEMBER16
Important Points In the Following Case:

1. The valet and the hotel share a relation of master and servant.

Indemnification.
The Permittee, and any person acting under or pursuant to a Valet Parking
Operator’s permit, agrees to indemnify, hold harmless, release and defend
(even if the allegations are false, fraudulent or groundless), to the maximum
extent permitted by law, and covenants not to sue, the City, its Council and
each member thereof, and its officers, employees, board and commission
members and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney’s fees and costs
of litigation) which in whole or in part result from, or arise out of: (1) any use
or performance under the permit; (2) the activities and operations of the
Permittee and its employees, subcontractors or agents; (3) any condition of
property used in the permitted operation; or (4) any acts, errors or omissions
(including, without limitation, professional negligence) of the Permittee and its
employees, subcontractors or agents in connection with the Valet Parking
operation.6
4 https://valetonly.com/blog/regulations-that-govern-valet-parking-in-the-united-states/
5 https://valetonly.com/blog/regulations-that-govern-valet-parking-in-the-united-states/
6 Los angels ordinance on Valet parking
Disciplinary Action – Additional Grounds. The following acts committed by a
Permittee shall be grounds for disciplinary action in addition to the grounds
listed in Section 103.35:

1. The Permittee, its agents or employees, through carelessness, negligence or
   failure to make proper provision for the safeguarding of vehicles left in their
   custody, have knowingly or unknowingly facilitated or contributed toward the
   theft or conversion of any such vehicle, or of the contents thereof, or the
   damaging of any such vehicle; or
2. The Permittee, its agents or employees failed to cooperate with the police to
   aid in the investigation of any theft or other crime committed on a parking lot
   used by Permittee, or which arose out of the conduct of the business for which
   the permit was issued; or
3. The Permittee, its agents or employees knowingly delivered a vehicle in their
   custody to a person not the registered owner or entitled to possession of such
   vehicle; or
4. The Permittee’s Valet Parking operation negatively impacted traffic or
   disrupted the peace and quiet within any area of the City; or
5. The Permittee failed to comply with any City business tax and parking
   occupancy tax laws; or
6. The Permittee failed to comply with any of the operating requirements in
   Subdivision (d) of this section, or any rules or regulations adopted by the Board
   governing valet parking.
   Violation. Violations of the operating requirements in Subdivision (d) of this section, or
   any rules or regulations adopted by the Board of Police Commissioners governing valet
   parking, shall not be prosecuted as misdemeanors, but shall be subject to administrative
   sanctions and civil remedies as provided by this Code, or at law or in equity, or any
   combination of these.
   Any person operating as a Valet Parking Operator without a permit as required in subdivision (b)
   of this section shall be guilty of a misdemeanor.7
   Severability:
   If any provision of this ordinance is found to be unconstitutional or otherwise
   invalid by any court of competent jurisdiction, that invalidity shall not affect
   the remaining provisions which can be implemented without the invalid
   provisions and, to this end, the provisions of this ordinance are declared to be
   severable.8
   The above extract from the ordinance of valet parking in Los Angles gives us
   the information how the valet parking rules and regulations in united States
   help consumers or protects consumers from theft or any misconducts which
   are done by the valet parking agency. The rules regarding the valet parking in
   U.S.A are amended in consideration with the prospective of consumers.

                                                                                                 -SHUBHANKAR

With the virus spreading its roots all over India, its highly unlikely that schools and colleges will open for the rest of the year until the vaccine is supplied to the whole of the country. So, what’s next for the students? This is the big question in everyone’s mind. The answer to this question is the preparation which needs to be shown by the various educational institutes in the country so that the students don’t suffer. The thing is that these are times which nobody in their life has ever seen. So, the educational institutes have to make sure that they bring a sense of calmness to the students rather than making them feel more under pressure.

The educational institutes should adopt a method of online teaching which gives both the children learning as well as fun. The basic thing for that is to limit the screen time of the students, be it students in schools or in colleges. The screen time should be limited and making sure that burden isn’t put on students. See, what schools and colleges need to understand first off all is that we aren’t an economy like the US or China, where around 80-90% of students have amazing connectivity and no connectivity issues at all. But that’s not the case in India. Connectivity is a major problem in India and all students don’t have same connectivity signal, it maybe different for few and maybe slow for others. Therefore, the educational institutes should not everytime use online live teaching platforms. For students benefit, they can upload the material to be taught to students on platform like WhatsApp, which requires a relatively low internet connectivity. Also, schools and colleges need to make sure that if a student faces any technical issues, they support them by providing them helpful assistance.

Another thing which needs to be checked by the educational institutes is the fact that examination being conducted online is one of the worst modes. Why? I tell you in detail about it. With education happening online, the matter which is being taught is to impart knowledge into the students rather than taking exam of the knowledge imparted. Also, if the institutes want to make sure that what they have taught is being understood by the students, they could give them online projects and judge them on these projects, rather than organising online tests, where the pressure faced by students genuinely increases due to the technical aspects and issues they face. The use of various online evaluation methods like giving students projects like preparing reports on certain topics being taught to them, or other creative skills, like making them make their view points on certain topics in video formats, etc.

In the end I want to say that education is very important, but online examination isn’t that important. The students need to be taught in a way so that each and every student, irrespective of the connectivity issue gets quality education and connectivity issue isn’t a problem for them.  

Banjara, who are also known by numerous other names – such as Laman, Lambadi, and Vanjari – are a historically nomadic tribe, who may have origins in Afghanistan or in the Mewar region of what is now Rajasthan, northern India. The Banjaras usually refer to themselves as Gor and outsiders as Kor but this usage does not extend outside their own community. A related usage is Gor Mati or Gormati, meaning cattle grazers or Own People. Despite the community adopting a multitude of languages, Banjara is used throughout India, although in Karnataka the name is altered to Banijagaru. A survey conducted in 1968 by the All India Banjara Seva Sangh, a caste association, recorded 27 synonyms and 17 sub-groups.

The origin of the Banjaras has been a much-debated topic. One opinion is that they originate from whar is now the state of Rajasthan, whilst another suggests their origins lie in Afghanistan, where there is both a province and a village called Gor. As with many nomadic communities of India, they have a myth of origin that claims Rajput ancestry and this provides a connection to the Mewar region of Rajasthan: they say that they were Rajputs in that area until the time of Mughal domination, when they retreated to the forests and vowed to return only when the foreign influence had gone.

Banjaras were historically pastoralists, traders and transporters of goods on the inland regions of India, for which they used boats, carts, camels, oxen, donkeys and sometimes the relatively scarce horse. The mode of transport depended upon the terrain; for example, camels and donkeys were better suited to the highlands which carts could not negotiate, whilst oxen were able to progress better through wet lowland areas. They often travelled in groups for protection, this tanda being led by an elected headman variously described as a muqaddam, nayak or naik. However, many Europeans historically thought the Banjaras to be similar to Gypsies, although this was unjustified as there were significant differences. Habib notes that “Superstitions of all kinds, including suspected witch killings and sacrifices, reinforced the Gypsy image of the class”.

Language

Banjaras speak Gor Bol; also called Lambadi, it belongs to the Indo-Aryan group of languages.

Art

Banjara art includes performance arts such as dance and music as well as folk and plastic arts such as rangoli, textile embroidery, tattooing and painting. Banjara embroidery and tattooing are especially prized and also form a significant aspect of the Banjara identity.

Dance and music

Fire dance and Chari dance are the traditional dance forms of the Banjaras.

Religion

The majority of the Banjara people profess faith in Hinduism. They are known to worship deities such as Balaji, Jagadamba Devi, Bhavani of Tuljapur, Renuka Mata of Mahur,  Mahadev,  Khandoba  and Hanuman. However, the Banjaras have been “ambiguous” with regard to religion and were “tolerant and syncretic”, according to Satya. Sevalal or Sevabhaya is the most important saint of the Banjaras. 

The answer for this would be no. we know that we enter into many contracts on a daily basis but not everyone can enter into contracts according to the Indian Contract Act,1872 the capacity to contract is clearly mentioned. the article will focus on who can enter into a contract and who cannot.

the concept is explained in two sections as explained below.

Sec.11 states the following

“11. Who are competent to contract. —Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject.”

This section says that every person is competent to contract and creates exception of the following 3 grounds: –

1. Age of majority

This means that one should be considered as a major according to the taw he is subject to. In India the age of majority is 18 years according to the section 3 of The Indian Majority Act, 1875.such contracts with minors are considered as void ab initio (void from the beginning)

However, there are a few exceptions to this rule. A minor is allowed to enforce a contract which is of some benefit to him and he has to bear no obligation under this contract. This was enforced in the case of Raghava Chariar v. Srinivas[1].  Ordinary trade contracts are not including in these beneficial contracts. The minor has an option to retire from a beneficial contract after attaining majority. The minor is generally not held liable for entering into a contract by misleading the other party to be a major. A person cannot ratify (making a contract that was void valid) an agreement made by him during his minority after attaining majority.

Effects of minor’s agreement

1. No estoppel against Minor

A minor who has entered into contract by misrepresenting his age can disclose his age and make the contract void by disclosing his real age. This means that there is no estoppel against him.

• No liability in contract or in Tort Arising out of Contract.

A minor cannot be held liable for any obligations of the contract and he is not capable of giving a consent and the consent given by the minor is not a valid consent.

Doctrine of Restitution

Under this doctrine if a minor buys or sells property or goods by misrepresenting his age, he will be compelled restore it but only if the goods or property are traceable and in his possession. A famous case law under this doctrine is Leslie (r) Ltd. v. sheill[2].

• Sound mind

Here soundness of mind refers to the capacity of the person to think like a reasonable human being and take decisions and understand the consequences of those decisions and act accordingly. Someone of an unsound mind at the time of entering into a contract is considered to be incapable of entering into a contract. (explained in detail in section 12 of The Indian Constitution,1872).

Section 12 of The Indian Contract Act,1872 states

“12.What is a sound mind for the purposes of contracting.—A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. —A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.” A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.”

This means that one may not be completely disqualified from contracting if he is of unsound mind but it is determined on the basis on the soundness of the mind of a person while entering into the contract. for example, if a person is suffering with a lunatic asylum and he is at a state of not being able to think like a reasonable human being only at certain times and is normal at the other times, he is normal. Then the contracts made by him during his state of sound mind will be valid and contracts entered by him during the state of unsound mind are con considered to be valid.

• Not disqualified from contracting by law

One should not be disqualified from contracting by the law he is subject to. This means that for example contracts with alien enemy or a person from a nation with whom the nation is in a war.  

[1] Raghava Chariar v. Srinivas ILR (1916) 40 MAD 630 (FB)

[2] Leslie (r) Ltd. v. sheill (1914) 3 KB 607 (CA)

you lend a book to your friend a book and take it back once he has finished reading it or ask your neighbor to take care of your car by giving him your car keys until you return from a trip. all these situations are very common in our life. did u know that you are entering into a contract in these situations? the contract of bailment is a special type of contract and i have tried to briefly explain the same in this article.

The sec. 148 of the Indian contract Act,1872 defines bailment” 148. ‘Bailment’, ‘bailor’ and ‘bailee’ defined.—A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the ‘bailor’. The person to whom they are delivered is called the ‘bailee’.” This section defines bailment as the delivery of goods by one person to another for a purpose and once the purpose is fulfilled, the goods will be returned to the owner or disposed as per the instructions of the owner.

The person delivering the goods is called bailor and the person to whom the goods are delivered is called bailee.

The sec.149 explains the meaning of delivery as” 149. Delivery to bailee how made. —The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorised to hold them on his behalf.” This delivery means by doing anything to transfer the possession of the goods to the person as intended which is the bailee or any other person who is authorised to possess them on behalf of the bailee.

The types of delivery are: –

1. Actual or constructive delivery
2. Delivery upon contract
3. Conditional delivery

Duty of Bailor

1. Duty of gracious bailor

Sec.150 states” 150. Bailor’s duty to disclose faults in goods bailed.—The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults. If such goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed. “ 

• Duty of bailor for reward

The bailor has the duty to see that his goods which he delivers are reasonably safe for the purpose of bailment.

Duties of Bailee

1. Duty of reasonable care

Sec.151 says that the bailee must take good care of the goods bailed to him.

Sec.152 says that if the bailee has taken reasonable care[1] , then he will not be held liable for the theft, loss, etc.. of the goods bailed to him

• Duty not to make unauthorised use

The Sec.154 says that the bailee makes un unauthorised use of the goods bailed to him, he will be liable for the paying the compensation to the bailor accordingly.

 The sec.153 says that the bailor can terminate the contract if the bailee does not act according to the contract, made by them.

• Duty not to mix

The sec.155 says that that if the bailee mixes his goods with that of the bailors with the interest of the bailee, they would receive their proportion at from the mixture.

The sec.156 says that if the bailee mixes the goods of the bailor with his goods and they can be seperatable, then the expense of separation an mixture is bared by the bailee.

The sec.157 says that if the bailee mixes that goods of his and the bailor and his goods in such a manner that they cannot be separated, the loss beard by the bailor must be compensated by the bailee.

• Duty to return

The sec.160 says that it is the duty of the bailee to return the goods bailed to him on the completion of purpose or expiration of time.   

The sec. 159 says the goods that are lent graciously are to be returned to the owner.

• Duty not to set up jus tertii

The sec. 166 says if the bailor has not title to the goods, and the bailee delivers the goods to the bailor in good faith, the bailee will not be responsible to the owner in respective of such delivery.

The sec.167 says a third person may apply to the court to stop the goods from being delivered to the bailor and confirm the title of the goods.

• Duty to return increases

The sec. 163 says in the absence of a contract the bailee is bound to deliver to the bailor any increase or profit which he may have gained from the goods bailed.

FINDER

The sec.168 says that the finder of the goods may claim from the owner if any reward was offered by his and if not the finder must act as a bailee and return the goods to its owner.

The sec. 169 says the finder may sell the goods found when the good is perishable or loosing its value or when the lawful charges of the finder in respect of the thing found amount to the two third of its value.

Rights of the bailee 

1. Right to compensation

The sec.164 says the bailor is entitled to any loss that the bailee may sustain with the reason that bailor was not entitled to make the bailment.

•  Right to necessary expenses or remuneration

The sec. 158 says that the bailee shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment.

• Right of lien

This sec. 170 says the bailee is entitled only you particular lian which means that right to retain only that goods in respective of which the charge is due.

The sec.171 says the general lian means that right to hold the goods bailed as a security for general balance of account. 

• Right to sue

The scec.180 says that if any third person deprives the bailee from usage or possession of the goods, a suit can be brought for the deprivation against the third person.

The sec. 181 says about the appropriation of relief or compensation obtained by such suits as in sec. 180.

[1] AS PER SEC.151

Insurance, is something that all of us know. It is a special type of contract which is called contract on Indemnity. I have tried to explain the same in brief in this article.  

The concept of indemnity came into exitance from the idea to save a person from the losses he/she may incur. This promise may be express or implied. In the English law, the definition of indemnity is wide and it includes to protect the person from loss arising out of any cause but the Indian definition to the same is a little narrow. A famous English case is Adamson v. Jarvis[1]. The section 124 of the Indian Contract Act, 1872 defines indemnity as follows

 “124. “Contract of indemnity” defined. —A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity.” This section says that it is a contract in which one party promises to save the other party from any loss caused due to the conduct of the promisor or any other part to the contract.

The Sec. 125 of the Indian Contract Act states” 125. Rights of indemnity-holder when sued. —The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor-

(1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies;

(2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit;

(3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.”  

The person who is getting indemnified (promisor) is called the indemnity holder and the person indemnifying the other(promisee) is called the indemnifier. The sec.125 talks about the rights of the indemnity holder when sued.  This means a promisee is entitled to recover from the promisor all damages which he is compelled to pay and the promise to indemnify the promisee applies, all the costs of the suit and all the money he must have paid in any compromise  when he acts within his scope of authority.

The rule behind indemnity is that “one must be demnified before he/she is indemnified.” Which means that one must face a loss to seek recovery or be indemnified from the loss incurred. But this rule was not followed in the case of Gajanan Moreshwar v. Moreshwar Madam[2].

[1] (1827) 4 Bing 66: 5 LJ (OS) (CP) 68: 29 R R 503.

[2] AIR 1942 Bom 302 at p 304.

The part V of the Constitution includes Art.52 to Art.151 of the Constitution of India.it is known that there are 3 organs of the Government of India that are Legislative, Executive and judiciary. The functioning and powers of these organs is explained in this Part of the Constitution. The Part 3 contains 5 chapters namely: –

1. The executive (Art. 52- Art. 78)

This chapter is further divided into the following topics: –

1. The president and Vice Precedent (Art.52- Art. 73)

The president is the head of the executive ( Art. 53 of the Constitution) . The president is elected by the members of an electoral college consisting of the elected members of both the houses of the parliament and the elected members of the legislative assemblies of the state(Art. 54 and Art. 55 of the constitution.). The president shall hold office for five years from the date on which he enters upon his office ( Art. 56 of the constitution.). A president is eligible for re-election(Art.57 of the constitution.). There are a few qualifications for election as president ( Art. 58 of the Constitution.). There are a few conditions of President’s office ( Art. 59 of the constitution.). There is a procedure for the Impeachment of the President of India ( Art. 61 of the constitution).

The vice president of India is the ex- officio chairman of the chairman of council of states and shall not hold any other office of profit ( Art. 64 of the constitution.). The vice president may act as the president in his absence ( Art. 65 of the constitution). The vice president is elected is elected by the electoral college consisting the members of both houses of the parliament ( Art. 66 of the constitution). The vice president holds office for 5 years ( Art. 67 of the constitution). The vice president takes an oath before taking office as the vice president ( Art. 69 of the constitution). The president has the power to grant pardons and suspend, remit or commute sentences in certain cases ( Art. 72 of the constitution).

1. Council of Ministers (Art.74- Art. Art.75)

The council of ministers may aid and advice the president (Art. 74). The prime minister is appointed by the president (Art. 75).

1. The Attorney- General for India. (Art.76)

The president appoints a person who is qualified to be a supreme court judge as the attorney general of India (Art. 76)

1. Conduct of the Government Business (Art.77- Art.78)

The government of India can conduct business activities (Art. 77). Th3e prime minister has a few duties to furnish the information to the President (Art.78)

• Parliament
• General (Art.79- Art. 88)
• Officers of Parliament (Art. 89- Art. 98)
• Conduct of business (Art.99- Art. 106)
• Legislative procedure (Art. 107- Art.111)
• Procedure in Financial Matters (Art. 112- Art.117)
• Procedure generally (Art. 118- Art.122)
• Legislative powers of the President (Art.123)

The power of the president to pass ordinances and procedure to make it a law.

• The union Judiciary (Art.124- Art. 147)
• Comptroller and Auditor General of India. (Art. 148- Art.151)

The panchayat system is an age-old system in India. It is law making and decision-making body of a village. It had the functions of both today’s legislature and judiciary. It was earlier a place for dispute resolution. This article will focus on the part IX of the constitution

This part contains Art. 243A to Art.243O of the constitution of India. The Art.243 states” 243. Definitions In this Part, unless the context otherwise requires,

(a)district means a district in a State;

(b)Gram Sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;

(c)intermediate level means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;

(d) Panchayat means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;

(e) Panchayat area means the territorial area of a Panchayat;

(f) population means the population as ascertained at the last preceding census of which the relevant figures have been published;

(g) village means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.”

This article defines district, Gram Sabha, intermediate level, Panchayat, Panchayat area, population and village. These are the terms that are often used in this part.

Gram Sabha of a village is like the Parliament of the country or nation[1]. Panchayats are constituted at village level, intermediaries at district level and accordingly. The panchayats at intermediary level do not exceed the population of 20 lacks[2]. The state legislature makes laws on the composition of panchayats, the persons chosen and about the chairperson of a Panchayat.  (Art.143C).

The reservation of seats in a panchayat is explained in the Art.243D. the duration of Panchayats is given in the Art.243E. the membership of a panchayat can be disqualified as according to the Art.243F. the responsibilities, authorities and powers of the panchayats are given the Art.243G. the panchayats have the power to impose taxes and collect funds as per Art.243H. the financial commission shall review the financial position of the Panchayats as in Art.243I. the legislature shall make laws to govern the audit of the accounts of the Panchayats according to Art.243J. the elections of the Panchayats shall be conducted as per the Art.243K. the application of the provisions of this Part to the Union territories are explained in the Art.243L. the provisions of this part will not apply to schedule areas and the states of Nagaland, Meghalaya, Mizoram and hill areas of Manipur and other areas as in Art.243M. Art.243N talks about continuance of existence laws and panchayats. The elections of Panchayats shall not be questionable in the court of law except the election petition presented to the authority as mentioned by the law made by the parliament.

[1] Art.243A of Indian Constitution.

[2] Art.243B of Indian Constitution.

I have tried to explain in brief the part 10 of the Indian Constitution in this Article.

The part contains Art.244 and Art.244A of the constitution.

The Art.144 states

” 244. Administration of Scheduled Areas and Tribal Areas

(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram.

(2) The provisions of schedule VI shall apply to all the administrat6ion of the tribal areas in the state of (Assam[1], Meghalaya[2], Tripura and Mizoram[3]).”

 This Article says that the 5^th schedule applies to the administration and control of the scheduled areas in the states of Assam, Meghalaya, Tripura and Mizoram.

The Art.244A states” 244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

(b)  a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law

(2) Any such law as is referred to in clause ( 1 ) may, in particular,

(a) specify the matters enumerated in the State List or the Concurrent List with respect to which the legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;

(b) define the matters with respect to which the executive power of the autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and

(e) make such supplemental, incidental and consequential provisions as may be deemed necessary

(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub clause (a) or sub clause (b) of clause ( 2 ) shall have no effect unless the amendment is passed in each House of Parliament by not less than two thirds of the members present and voting

(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I LEGISLATIVE RELATIONS Distribution of Legislative Powers.”

This Art. talks about the formation of an autonomous state comprising certain tribal areas in the state of Assam and creation of local legislature or council of ministers. This is made by the making of law by the parliament for the same.

[1] Substituted for “the state of Assam” by the north east areas (Recognition) act,1971(81 of 1971) and

[2] Substituted for “and Meghalaya by the 49^th amendment act.

[3] Substituted for “union territory of Mizoram for the Mizoram act, 1968.

India is the largest democracy of the world and elections is an important part of the democratic form of government. The part XV of the constitution explains about elections.

This part includes Art.324 to Art.329A.

The Art.324 states” 324. Superintendence, direction and control of elections to be vested in an Election Commission

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)

(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President

(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission

(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause ( 1 )

(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine; Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further than any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner

(6) The President, or the Governor of a State, shall, when so requested by th Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause ( 1 ).”

This article explains about control of elections that is lying in the hands of election Commission.

The Art.325 states” 325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.”

This article says that a person cannot be held ineligible for   participating  in the elections  on the basis of their   religion  race  caste  or sex .  

The Art.326 States” 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; but is to say, every person who is a citizen of India and who is not less than twenty one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.”

 from this article we can understand  that elections of  the legislative assemblies  of the states  are conducted on the basis of   adult suffrage and  every person of India  about the age of 21 years   are eligible to participate in elections  unless  disqualified  by any law   on the grounds of  non residence , unsoundness of mind , or crime or corrupt or illegal practices .   

Art.327 states” 327. Power of Parliament to make provision with respect to elections to Legislatures Subject to the provisions of this constitution, Parliament may from time to time by law made provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.”

this article gives the parliament the  power  to make provisions  for elections .  

Art.328 states” 328. Power of Legislature of a State to make provision with respect to elections to such Legislature Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time bylaw make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.”

This article gives the   legislature  of the state to make provisions  for elections  .  

Art.329 states” 329. Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court.

(b) No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.”

     this article    y explain about  weather  coats can interfere  in the   matter of election .

Art.329A[1] states” 329(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court;”

 This article  talks about  allotment of seats to constancies.  

[1] Repealed by the 44^th ,1978.

it seen clearly through the facts and circumstances that the accused had committed the double murder of Aarushi Talwar and Hemraj. Aarushi was a 13-year-old girl and her parents were Dr. Rajesh Talwar and Dr. Nupur Talwar. They had a domestic worker named Hemraj who came from Nepal to earn his living. All four of them lived in Jalvayu Vihar, Noida. Aarushi and Hemraj were killed on the midnight on 15^th – 16^th May 2008. The parents Rajesh and Nupur are accused for the offence of double murder.

1. Facts in a chronological order.

it is important to analyze the facts and circumstances in a chronological order to reach to a conclusion.

On 15^th May 2008 the following events happened: –

• Nupur Talwar worked at her Hauz Khas clinic during 9 am–1 pm and she later picked up Aarushi from school at 1:30 pm and returned home (Jalvayu Vihar apartment).
• Vandana Talwar (sister in law of Nupur) went to Nupur’s house for lunch. Later Aarushi stayed at home after her mother and aunt left the house. Her mother worked in the Fortis Hospital from 4:30 pm to 7:00 pm and she returned home by 7:30 pm.
• Aarushi ’s father, Rajesh Talwar taught at the ITS Dental College from 8:45 am to 3:30 pm and then worked at the Hauz Khas clinic until 8:30 pm. 
• Rajesh and Umesh Sharma (Rajesh’s Driver) returned to Jalvayu Vihar around 9:30 pm. And Umesh Sharma drove the car to Nupur’s parents’ house because Talwars did not have any parking space. Umesh Sharma returned to Jalvayu Vihar by 9:40pm and gave the car keys and Rajesh’s bag to Hemraj. Umesh Sharma says that he saw Nupur Talwar and Aarushi Talwar near the dining table.
• Hemraj Cooked the dinner for all four of them by then. After dinner, the parents went to Aarushi ’s room and they gifted a Sony DSC-W130 digital camera. They clicked pictures with that camera till 10:10pm and the parent s returned to their room.
• Rajesh asked Nupur to switch on the internet router that was in Aarushi ’s room at 11:00pm. Nupur went to Aarushi ’s room and she saw Aarushi reading the book named 3 mistakes of my life- by Chetan Bhagat. Nupur switched on the router and returned to her room.
• Rajesh Talwar answered a US call from the landline and later he browsed various sites on the Internet and he visited an e-mail site at 11:41:53 pm.
• At the midnight Aarushi ’s friend called her but no one lifted the phone and he sent her a message around 12:30am. The Internet router was working till 12:08 am.
• Bharati Mandal rang the doorbell at 6:00am on 16^th may 2008.

The post- mortem reports said that the murders of both Aarushi and Hemraj Happened between 12:00am to 1:00am. And from the above-mentioned facts in a chronological order, Umesh Sharma was the last outsider and he saw the family at 9:40pm and there was no entry or exit from the house till the next morning.  based on these facts when analyzed in a chronological order.

Some Principles of criminal jurisprudence that are relatable are as follows.

• Last seen theory

According to this theory, in an offence, if it has been proved that the victim and the accused were seen together at the last then a question mark will be raised regarding the role of accused and since he was last seen with the victim, he will be expected to explain as to what had happened. And in the absence to give proper justification, the doubt on the accused increases to an extent that it may reach conviction of the accused. 

The last seen theory will apply ONLY when the TIME GAP between the Last seen Together and the Commission of the Offence was not much + there were other strong circumstantial evidences against the accused. In this case, this principle clearly applies in this case. There was a very little time gap between the happening of the Incident (12:00am to 1:00am) and the time the accused saw the diseased (about 11:00pm). This theory of jurisprudence is clearly applicable in this case creation a strong circumstantial evidence.

• Beyond Reasonable doubt.

This theory says that If there is even a percent of doubt then the accused goes Scott free. That is why alibi is one of the most misused evidence to create a slight hole in the prosecution story and get the benefit of doubt. By the issue 1.2 it is clear that there is more than reasonable doubt on the accused and therefore they must be convicted for the double murder of Aarushi Talwar and Hemraj[1]. This chain of circumstantial evidences proves beyond reasonable doubt that the double murder was committed by the accused[2].

1.2 That the accused tried hide the reality.

It is humbly contended before this hon’ble court that it seen clearly through the facts and circumstances that the accused had tried to hide the truth behind the murder of Aarushi Talwar and Hemraj.  From the following statements of P.W.-34 Dataram Nauneria that F.I.R. was lodged by Dr. Rajesh Talwar and he had never gone to the police station Sector-20 to lodge the F.I.R. and it has falsely been deposed. It was also said in his statement that it was admitted by them to be correct but in his statements, it has not been written that Dr. Rajesh Talwar had lodged the complaint at the police station itself and he cannot give any reason as to why he filed an F.I.R.

P.W.-10 Ms. Bharti Mandal had also said in her statement that upon reaching the home the mother and father were not crying and were not even in their night dress. They did not look they were upset either. P.W.-14 Dr. Rohit Kochar has stated that when on 16.05.2008 he had gone in flat no. L-32 then he had seen that Dr. Rajesh Talwar was in red colored T-Shirt and half pant and Dr. Nupur Talwar was in white suit or gown but the clothes of both were not stained with blood.

It was also stated that the balcony door was locked and there was no key to open the door. But it was later revealed that the key was with Nupur Talwar and she hadn’t informed anybody.

Mr. Mir has criticized the evidence of Mrs. Bharti Mandal on the fulcrum that she was thoroughly tutored before stepping into the witness box and she has admitted this fact in cross-examination and therefore, no reliance can be placed upon her testimony

The reason for the accused to commit such an act can be understood through the circumstance provided by the P.W.-36 Dr. Naresh Raj to the effect that swelling of the pecker of Hemraj was because either he had been murdered in the midst of sexual intercourse or just before he was about to have the sexual intercourse which he has stated on the basis of marital experience is nothing but a medical blasphemy and this part of evidence smacks of his lack of knowledge of forensic science. In one circumstance Dr. Rajesh Talwar had noticed that the room door of Aarushi was unlocked and when he had opened, he had seen Hemraj lying on top of Aarushi which made him really angry and led to the murder. We can understand that mere absence of spermatozoa in the vaginal swab cannot rule out possibility of sexual intercourse[3].

Ms. Aarushi at the time of post-mortem examination of her dead body which conclusively demonstrates that both the accused were indulged in sexual intercourse and the bed- sheet below the pelvic region of the deceased Ms. Aarushi was found wet and no biological fluid was detected during the examination of bed-sheet; the string of trouser of Ms. Aarushi was found untied; It was also noticed that the whitish fluid was wiped and changed by the parents which could be made out by the wet stains on the bed sheet. When Bharati Mandal came to their house, initially Nupur Talwar told her that her door was locked from outside but it was not and when Bharati Mandal entered the house, instead of complaining of death of her daughter she reached to the conclusion that it was Hemraj within no time. This was a very calculative behavior of Nupur Talwar. It is pre-planned by the couple. Both the Talwars were not crying and they were not even the night dress and there was no blood on their dress. It was obvious that the parents would cling to the child when they would saw her dead but nothing of that sort happened. the couple were not in their night dress and this is strange, they had no explanation to this. They also refused to give the terrace key by saying it was not with them or giving some kind of excuse. This was to hide the death of Hemraj, which they knew about. The key was finally found in the possession of Nupur Talwar. In the Investigation it was found that the terrace was generally not locked but it was strangely locked that day. The golf stick that was missing, was found in the parapet of the roof, but why would anyone keep it there.

It is moreover strange that the accused could not give any proper and reasonable justification about the incident and Talwars did not show any interest in solving the mystery of who the murderer was and this is completely suspicious.  All these things are clearly pointing fingers towards the accused. However, it is not necessary to adduce direct evidence of the common intention. Indeed, in many cases it may be impossible to do so. The common intention may be inferred from surrounding circumstances and conduct of the parties[4].

[1] State of Haryana Vs. Bhagirath (1999) 5 SCC 96

[2] Narottam Singh Vs. State of Punjab and others 1980 SCC (Crl.)

[3] Prithi Chand v. state of Himachal Pradesh 1989 SCC (Cri.)206.

[4] Rishi Dev Pandey Vs. State of U.P. AIR 1955 SC 331 (3JJ)

Force measure means a situation, wherein a party is unable to fulfil the contractual obligations due to unforeseen unexpected natural or accidental calamities. This particular class or condition need to be part of contracts contractual agreement to safeguard the interest of other sides. sec.56 of the Indian Contracts Act,1872 talks about this clause which explains about impossibility of performance of a contract. This is famously called doctrine of frustration. Legal maxim” less non – cogit ad impossibbilla. (law will not compel a man to do what he cannot possibly perform). Doctrine of frustration results in making a contract void and this means that a contract becomes void due to impossibility of performance of obligations by either of the parties because of unforeseen situations in the process of fulfilling the obligations.

This clause protects the interests of the party who is unable to discharge his obligations of the contracts due to an unforeseen circumstance.  COVID-19 is one such unforeseen circumstance that has affected the contacts around the world and this clause is closely linked to the present situation.

So this particular class is more effective in spandex situations like COVID-19 which The world is facing. The businesses all around the world are getting affected by this pandemic COVID-19 and it is impacting the industries and their revenue growth, their commitments to various customers across the globe by pushing the situations into emergencies. Because we have force measure classes in built in contracts And sub contracts it is becoming difficult to push then to deliver the obligations within the timeline specified as the majority of the part of the world is under lock down conditions. Due to the lock down scenario it is becoming  practically difficult 2 honour the contractual commitments delivering some goods, services where a physical presence is required etc., As the contractual a big obligations are not getting fulfilled this will result a big impact on company revenues profitability growth employee earnings per share and dividend for shareholders etc., Sir due to this pandemic situation in the globe the overall economy GDP and other financial factors are going to get affected largely in all countries and that will result in loss of employment reduction in sales and many more direct and indirect effects on companies.

            The major industry sectors which are going to get affected due to this pandemic COVID-19 are transportation industry oil industry power sector food industry entertainment industry automobile industry and of course the insurance sector. The overall Saints and revenues of these industries are going to fall down buy minimum 15 to 20 points and it takes a longer time to recover and come back to the normalcy. The researchers predict that it will take minimum 15 to 18 months for all the sectors to recover and restore their operations as earlier. This will result in a huge change in the lifestyles of consumers which in turn will impact the various business sectors like travel tourism entertainment and more importantly the fashion industry. the people will start spending for only needy things here after and the access amount which they used to spend earlier will be cut down.

can contracts be formed without consideration? we know that consideration is an essential element of a contract. in fact, it is the main purpose of contracting. we may wonder why one would enter into a contract id he/she is not receiving any benefit from it. to answer all this we must understand what the Sec.25 of the Indian Contract Act,1872 has to say about this.

The section 25(2) of the Indian contracts act,1872 explains about compensation for past voluntary services. It is important for us to understand the meaning of the term consideration to further proceed with the topic. The sec2(d) of the Indian Contracts act ,1872 states that “When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise;” .

From the basics of the contract law or the sec.10 of the Indian Contracts act,1872 we know that Consideration is an essential element of a contract and therefore it is an important part of the contract. And an agreement without a consideration is therefore void. Then why do we need to have a separate section in the contracts act for the same purpose? This is because the section 25 of the Indian Contracts Act, 1872 mainly focusses on the exceptions to the rule that there cannot be contracts without consideration.one of the exceptions is compensation for past voluntary services.  This means that a contract can be formed without consideration when the consideration of one part is considered to be delivered in the past for which the other party is gives the consideration in the present. To understand in deep, we can analyse sec25. Of the Indian contracts act,1872.

The sec25 of the Indian contracts act,1872 states:-

25. Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law. —An agreement made without consideration is void, unless—

(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do.

 The sec25 of the Indian contracts act,1872 says that agreements without consideration are considered to be void. It also gives a few exceptions to this rule.

The section clearly says that agreements without consideration are void unless: –

1. It is in writing and registered
2. Promise to compensate for something done
3. Is a promise to pay time barred debt by limitation law

This topic will be mainly focussing on promise to compensate for something done.

The sec.25(2) says that somebody must have done something to the promisor and the promisee must have received a benefit from this act or omission. The promisor considers this as a compensation from the side of the promise and gives his part of the compensation to the promise in return. In such a contract the promise may not know that he would be receiving a benefit or something in return for the cat he has committed or for the consideration he has given to the promissor. In such cases the promise may not know at the time of giving his consideration that he is giving a compensation for a contract for which he will receive the consideration in the future. The promise may also not know that he is entering into a contract and he is the promisee. The promisor may pay back a part or the complete consideration to the promisee. It becomes binding on the promisor to pay for the voluntary service of the promisee in the past becomes binding on the promisor.

 To give an example if Alia lost her pet dog and Ravi finds it. Ravi gives it to Alia and Alia gives Rs 1000 to Ravi in return. In this case Alia and Ravi did not get into any contract initially. Ravi did not know that Alia would give him some money if he found her dog but he did it out of his voluntary. In this case there was no offer or no acceptance. But this will be considered as a valid contract as per sec. 25(2) of the Indian Contracts Act,1872.

Another example can be Maya has voluntarily funded the education of Keshav’s son. Keshav promises to pay the money that Maya had paid for Keshav’s son. In this case Maya did not expect anything in return from Keshav but it is Keshav who is willing to pay for the expenses incurred by Maya on his son. In this case Maya is the Promisee and Keshav is the promisor. There are many other cases which fall into this exception.

Another exception is when the court held that if  promisee has done something for the promisor and the promisor was legally compelled to do and a subsequent promise to pay for the act or omission is enforceable.

 In the case of Karam Chand v. Basant Kaur[1], services that were rendered for a company that was not in existence was but a promise to pay for the services rendered was not bought as an exception under section 25(2) of the Indian Contracts Act,1872.

Therefore, a compensation for past services can be a valid consideration. Such considerations can make valid contracts according to Section. 25 of the Indian Contracts Act,1872.

[1] Karam Chand v. Basant Kaur,1911 Punj Rec No 31,p 91.

Veto is an executive power to prevent any bill becoming a law. Normally all the modern constitutions confer this power upon the executive in order to prevent any unconstitutional matter getting passed as a law. There are four types of veto namely:

1. Absolute veto
2. Qualified veto
3. Suspensive veto
4. Pocket veto

Absolute Veto: If the President declares that he withholds his assent to the bill presented to him, the bill is dead. The legislature cannot override this veto by any majority.

Qualified Veto: It is a veto that can be overridden by the legislature by an extraordinary majority (special majority) prescribed by the constitution or any law. In the USA, the presidential veto in certain bills can be overridden by the resolution of the legislature passed by a special majority. But in India this type of veto is not available.

Suspensive Veto: It is a veto that is overridden by a resolution passed by the legislature supported by an ordinary (simple) majority. The President of India enjoys this veto. According to the proviso of Article 111, when the President returns a non-money bill for reconsideration of the House, the President is exercising his veto power. He declares that he will give his asset to the bill in the form in which it is passed by the House. In that case, the House needs to reconsider and pass the bill again. It is the discretion of the House to either accept the recommendations of the President.

Once reconsidered and passed, the bill is presented to the President for his assent. At this juncture, the President does not have any choice but only to give his assent. Since the constitution does not prescribe any special majority for this the presidential veto is overridden by an ordinary (simple) majority. Hence, this veto is known as suspensive veto.

Pocket Veto: It is not a veto in the true sense of the term veto. It is a consequential power. The constitution does not prescribe any specific time limit within which the President needs to declare his decision on giving assent to a bill. Therefore, it implies that the President can take any length of time to decide on the bill. When the President retains the bill with him without declaring his decision, it is known as the President ‘sitting on the bill’. After the expiration of a considerable length of time, the bill may lose its relevance even if it comes to force and hence, it is almost dead. In such cases the President is said to have pocketed the bill. This is known as pocket veto.

INDIAN PRESIDENT—A COMBINATION OF VETO POWER

The President of India enjoys a combination of veto powers. He possesses a combination of absolute, suspensive and pocket veto. He enjoys these veto powers in accordance with the type of the bill. This is an executive power which the President is to exercise with the aid and advice of the Council of Ministers.

ABSOLUTE VETO

The President enjoys absolute veto with respect to:

• Ordinary bills passed by the Parliament: The ordinary bills passed by the Parliament can be absolutely vetoed by the President, on the advice of the Council of Ministers. After passing a bill the circumstance could change and a need for abolishing the bill may arise. For instance, in Jammu and Kashmir the legislature passed a bill that took away the right to inherit property for the Kashmiri women who married non-Kashmiri men. This bill met with huge public opposition and the government could not go ahead. So, the government advised the Governor to absolutely veto the bill. In case this power to absolutely veto the bill is not available, it would require another law to replace it or to declare it invalid. That would be a cumbersome and expensive process. However, in practice absolute veto is usually exercised in case of Private Member’s Bills. With respect to Government Bills, absolute veto is exercised in circumstances when the government resigns or removed.
• Money Bills passed by the Parliament: Although the Money Bills are introduced in the Parliament with the previous recommendation of the President, it does not bind the President to give his assent. Since, it is introduced on his recommendation he cannot return the bill for reconsideration. Article 111, expressly prohibits the President form returning the Money Bill for reconsideration. If he needs any clarification on the bill, he has to clarify at the stage of introduction itself.
• Private Member’s Bills: A bill introduced by the member who is not a minister is known as Private Member’s Bill. The President absolutely vetoes the bill if the Council of Ministers advised him to veto the bill.
• Financial Bills passed by the Parliament: Financial bills are Ordinary Bills for all the practical reasons of passage in the Parliament. Hence, such bills can also be absolutely vetoed.
• State Bills reserved for his consideration: According to Article 200, the State Bills can be reserved for the consideration of the President. The Governor of the State is empowered to reserve the bills, including the money bills, presented to him for assent. According to Article 201, the President has the powers to veto the bills absolutely.

SUSPENSIVE VETO

The President enjoys suspensive veto with respect to the Ordinary Bills including the Financial Bills of both the union and the States. In any case, the President cannot return a Money Bill for the reconsideration of the House.

POCKET VETO

Since the constitution does not prescribe any time limit for the President to declare his decision, the President can retain any bill submitted to him. Thus, over a period of time the bill might lose its relevance and be dead. The postal amendment bill passed in 1984 was pocket vetoed the President.

CONSTITUTIONAL AMENDMENT BILLS

After the 24th Amendment Act, 1971, the President does not enjoy any veto power with respect to the constitution amendment bills. Article 368 (2), makes it mandatory for the President to give his assent to the constitution amendment bill when passed by both the Houses of the Parliament and presented to him for his assent. Thus, the President of India enjoys a combination of veto power.

According to Article 53, all the executive powers of the union are vested in the President. The executive powers of the President are multidimensional in character and it includes the powers of the nature of:

• Administrative powers
• Legislative powers
• Pardoning powers
• Military powers
• Diplomatic powers
• Miscellaneous powers

Although these powers are classified into many groups, they are executive powers of the President which he shall exercise only with the aid and advice of the Council of Ministers.

(a) Administrative Powers: Administrative powers are those are required for the purpose of the making and implementing policy, law and administrating the departments of the government. The administrative powers include:

1. The power to appoint and remove persons to various offices under the Government of India. All the constitutional offices such as Prime Minister, Council of Ministers, judges of Supreme Court and high courts, Comptroller and Auditor General of India, members of UPSC, etc.
2. Most of the incumbents, except a few such as the judges of Supreme Court and high courts, Comptroller and Auditor General of India, hold office during the pleasure of the President. For instance, the ministers of the union hold office during the pleasure of the President. [Article 75 (2)]. Therefore, the President also the powers to remove those who he appoints from office.
3. According to Article 77, the President has the powers to ‘make rules for the more convenient transaction of the business of the government’. He also has the powers to allocate the portfolios to the ministers. Exercising this power, the President has made the Allocation of Business Rules and Transaction of Business Rules.
4. Article 77 also empowers the President to create and abolish various ministries and departments.
5. According to Article 78, the President as the head of the State and administrative head, has the powers to:
   1. Be informed about the decisions of the Council of Ministers relating to the affairs of the union.
   2. Call for any information relating to the administration of the affairs of the union.

These are the duties of the Prime Minster. Thus, Article 78 confers upon the President the power to supervise and call for report. These are some of aspects of the executive power.

(b) Legislative Powers: The legislative powers of the President are the executive powers of legislative nature because such powers are exercised by the President in accordance with the aid and advice of the Council of Ministers. Also, they are subjected to judicial review. The Legislative powers include:

1. Article 79: The President is part of Parliament.
2. Article 80: The President has the powers to nominate twelve members to be nominated from among the ‘persons having special knowledge or practical experience in respect of literature, science, art and social service’.
3. Article 331: President has the powers to nominate two members of the Anglo-Indian community, if in his opinion the community is not adequately represented in the House of People.
4. Articles 85 and 108: The President has the power to summon and prorogue the Houses of the Parliament from time-to-time. However, he has to ensure that not more than six months expires between the last sitting of the previous session and the first sitting of the next session. He also has the power to dissolve the Lok Sabha, when the term of the Lok Sabha expires or whenever it is required and call for election. Article 108 provides for the power of the President to convene a joint sitting of both the Houses of the Parliament to resolve the deadlock between the two Houses in respect of an Ordinary Bill.
5. Articles 86 and 87: Provides for the right of the President to address the Houses of the Parliament and send messages to the Houses. The President can address the Houses either separately or jointly. For the purpose he can require the attendance of the members. The President also has the right to send messages to the Houses. Article 86 provides for the special address by the President. The first session after every general election to Lok Sabha and the first session of the Parliament every year begin with the President’s address. The President informs the members the cause of the summoning of the Houses.
6. Previous Sanctions to Bills: Certain bills can be introduced into the Parliament only the previous recommendation of the President. Such bills are:
   1. Bills relating to creation of new states or the alteration of the names, areas or boundaries of any existing State (Article 3).
   2. The bill providing for compulsory acquisitioning or requisitioning of property under Article 31A.
   3. Money Bills can be introduced only with the previous recommendation of the President (Article 117).
   4. Any State Bills imposing restriction upon freedom of trade (Article 304).
   5.  Bills affecting taxation in which States are interested [Article 274 (1)].
   6. A bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill [Article 117 (3)].
7. Assent to Bills: According to Article 111, after a bill passed by the Houses of the Parliament, it is presented to the President for his assent. When a bill is presented to him the President may:
   1. Declare that he gives his assent, in this case the bill will become a law or;
   2. Declare that he withholds his assent, it means the President has vetoed the bill and the bill is dead or;
   3. Return the bill to the House in which it originated for reconsideration, with or without certain recommendations for amendment.
8. Ordinance Making Power (Article 123): Article 123 confers upon the President the power to promulgate ordinances in certain circumstances/contingencies when the Parliament is not able to enact a law. ‘If at any time, except when both the Houses of Parliament are in session, the President is satisfied that the circumstances exist which render it necessary for him to take immediate action, he may promulgate’ ordinances.

(c) Pardoning Powers: All the modern constitutions confer the powers to pardon upon the executive. It is an executive power of judicial nature. It is vested in the President to correct any error that may occur in the judicial decisions for no human system is perfect. The pardoning powers of the President comprise a group of five powers, each having distinct significance and legal consequence namely:

1. Commutation
2. Remission
3. Respite
4. Reprieve
5. Pardon

Commutation: It means to substitute one form of punishment with another punishment of lighter character. For example, reducing the death sentence to life imprisonment is commutation.

Remission: It means to reduce the amount of punishment without changing the character of the punishment. For example, it is to reduce the number of years of imprisonment to a convict.

Respite: It is to award a lesser punishment instead of the prescribed punishment in view of certain special reasons such as the age of the convict or pregnancy of a woman.

Reprieve: It is to stay the execution of a sentence during when the petition for pardon is pending before the President or the Governor.

Pardon: It absolves the offender from all sentences, punishments and disqualifications.

According to Article 72, the President can exercise the above powers with respect to any offence committed against the law enacted by the union Parliament. The President is the only authority who can grant pardon in respect of:

1. All cases in which the sentence is one of death;
2. A sentence of a court martial.

The Constitution of India does not specify the manner in which the President to exercise the pardoning powers. He has to exercise the power only in accordance with the aid and advice of the Council of Ministers, like other powers. According to a series of decisions of the Supreme Court and of some high courts:

1. The exercise of the power by the President under Article 72 is primarily a matter for his discretion and the courts would not interfere with his actual decision on the merits.
2. But courts exercise a very limited power of judicial review, to ensure that the President considers all relevant materials before coming to his decision.
3. The President can, in the exercise of this power, examine the evidence afresh. In doing so, he is not sitting as a court of appeal. His power is independent of the judiciary. He can, therefore, afford relief not only from a sentence which he regards as unduly harsh., but also from an evident mistake.
4. The President is not bound to hear a petitioner for mercy before he rejects the petition.

(d) Military Powers: According to Article 53 (2), the President is the supreme commander of the armed forces and the exercise of this power is regulated by the law. Thus, the President is only authority who can declare war and peace.

(e) Diplomatic Powers: The President is the only authority who delegates the Indian envoys to foreign countries and it is to him the foreign envoys submit their credentials.

(f) Miscellaneous Powers: Other powers of the President than the above are included in the miscellaneous powers. Such powers include:

1. Administration of the Union Territories: Union Territories (UTs) are under the direct administration of the Union government. The President carries out the administration of the UTs. The administrator is responsible only to the President. Final legislative power to make regulations with respect to Andaman and Nicobar Islands, the Lakshadweep, Dadra and Nagar Haveli is with the President. According to Article 240, President has the power to amend any law of the Parliament to apply to these UTs. He may even repeal any law relating to the UTs.
2. Administration of Tribal areas: With respect to the Scheduled Area and Tribes and Tribal Area in Assam the President has certain special powers which are mention below:
   1. The President has the power to declare any area to be a Scheduled Area. He also has power to alter the Scheduled Area (Schedule V Para 6).
   2. According to Para 4 of Schedule V, the President has the powers to direct the establishment of a Tribes Council in the States having Scheduled Tribes.
   3. The regulations made by the Governor of a State for the peace and good government of the Scheduled Areas has to be submitted to the President and assented to by the President for it to come to effect [Schedule V Para 5 (4)].
   4. President has the powers to give directions for the administration of Scheduled Areas and direct the Governor to make report on the administration [Schedule V, Para 3].
3. Special Powers in respect of Scheduled Castes and Scheduled Tribes: The President has certain special powers and responsibilities regarding Scheduled Castes and Tribes:
   1. According to Article 341, the President has the power to draw up the list of Scheduled Caste in the States and UTs in consultation with the Governor.
   2. According to Article 342, the President has the power to draw up the list of Scheduled Tribes in the States and UTs in consultation with the Governor.
4. Emergency Powers: The emergency powers are vested in the President. Articles 352 to 360 deal with the emergency powers. Article 352 provides for National Emergency. According to Article 356, the President can proclaim constitutional emergency based on the report of the Governor or otherwise. Article 360 confers the power to proclaim financial emergency.
5. Other Powers: According to Article 213, the President has the power to give instructions to the Governor to issue ordinances in case the bill containing the same provisions requires the previous sanction of the President. The President can refer any matter of public importance to Supreme Court for its opinion.

I believe the human mind is far superior to computers and it’s unfair to compare the two.

-Shakuntala Devi

Shakuntala Devi (4 November 1929 – 21 April 2013) was an Indian writer and mental calculator, popularly known as the “Human Computer”. Born on November 4, 1939, Shakuntala Devi could not receive any formal education due to financial constraints. She was admitted to St Theresa’s Convent in Chamarajpet (Bengaluru) in Class I, but had to drop out as her parents could not afford the monthly fee of Rs 2. When she was just six years old, Shakuntala displayed her arithmetic abilities at the University of Mysore.

In 1977, at Southern Methodist University, Shakuntala Devi gave the 23rd root of a 201-digit number in 50 seconds. Her answer—546,372,891—was confirmed by calculations done at the US Bureau of Standards by the UNIVAC 1101 computer, for which a special program had to be written to perform such a large calculation.

On 18 June 1980, she demonstrated the multiplication of two 13-digit numbers—7,686,369,774,870 × 2,465,099,745,779. These numbers were picked at random by the Department of Computing at Imperial College London. She correctly answered 18,947,668,177,995,426,462,773,730 in 28 seconds, which was the time taken by her to speak the answer. This event was recorded in the 1982 Guinness Book of Records.

In 1988, she travelled to US to have her abilities studied by Arthur Jensen, a professor of educational psychology at the University of California, Berkeley. Jensen tested her performance at several tasks, including the calculation of large numbers. Jensen published his findings in the academic journal Intelligence in 1990.

In 1977, she wrote The World of Homosexuals, the first  study of homosexuality in India, for which she was criticized. In the documentary For Straights Only, she said that her interest in the topic was because of her marriage to a homosexual man and her desire to look at homosexuality more closely to understand it.

In addition to her work as a mental calculator, Devi was a notable astrologer and an author for several books, including cookbooks and novels.

                                                                                                  -SHUBHANKAR

This footballing season has been one of its kind in many years. With the coronavirus pandemic halting the season in between, the season went on for long than ever anticipated. But for football fans, its football and football all around. The new season of the English Premier League begins in September, 2020. With the previous season being one of the most unpredictable one, with Liverpool winning their 1^st title after 30 years. The side which never looked to compete for a place in the top 4 before the 2019/20 season started, finished in the top 4, i.e., Manchester United. With the new season approaching, we look at the possibilities of who could be title contenders this season, and who are the contenders for the top 4 positions in the league.

With the huge transfers made by Chelsea already, they have invested brilliantly in youth and with Frank Lampard at the helm, Chelsea are the ones who could challenge for the Premier League title next season with the likes of Liverpool and Manchester City. The other contenders as earlier stated would be the same two opponents who have performed brilliantly over the past two seasons, Manchester City and Liverpool. With Liverpool winning the title this season and with the quality of players they have, like Sadio Mane and Mo Salah and with their ever determined captain Jordan Henderson. For Manchester City, this could be a defining point in Pep’s career, with every team getting stronger and with Manchester City not having a good season this time, the next season is very crucial for Pep as a manager and Manchester City as a team. These three are the real title contenders of what I feel given the squads they have and the form they displayed the previous season. But if I am given a situation to pick one team for the title, I would choose Chelsea over the other teams.

As we know that the Premier League is a long tournament, with 38 games to be played by each and every team. And with the young and enthusiastic squad Chelsea have got, they are certainly top contenders. Also, with a manager like Frank Lampard, who has spent most of his footballing career at the Stamford Bridge, this is surely the big bonus for Chelsea. Also, with Manchester City juts falling a little bit apart this season and with not such a strong defensive line, they would not make it to the title I guess this season. And as far as Liverpool are concerned, they would be the closet to challenging Chelsea this season. For the top 4, I feel the obvious 3 places will be taken by Chelsea, City and Liverpool and for the 4^th spot there will be tough competition between the other top sides which are in rebuilding process. Yes, I’m talking about Manchester United, Arsenal and Spurs. With this season being brilliant for Manchester United, the same wasn’t the case for Arsenal and Spurs. Arsenal had a distortful season, just able to finish in the top 10 somehow. But I feel they would do a lot better next season with Arteta at the helm. What Arteta needs to do is find some useful defensive line so that they can fight for a Champions League spot next season. And now talking about Spurs, I feel they have a better chance of qualifying for the Champions League with a world class manager like Jose Mourinho. But for what has so far transpired in the transfer window, I feel Manchester United would once again be in the top 4 next season, with the type of squad they have. Be it the likes of Bruno Fernandes, Paul Pogba or the defensive line headed by the captain Harry Maguire.

This is my prediction for the next season in the English Premier League starting in September.

we don’t allow a stranger to enter into our dealings or contracts and that is why the rule of privity came into existence. However, there are exceptions to this rule. i have tried to explain the same in this article.

The concept of privity of contract says that there cannot be a stranger to a contract. It means that any third party to a contract cannot involve into of the contract. This means that he/ she who is not a party to the contract does not hold the right to sue or cannot sue a party to the contract. This right is reserved only to the parties of the contract. This means that privity of contract is a legal doctrine that confers rights and imposes duty only on the parties to the contract and no stranger or a third party.

This is mainly because only the parties to the contract are in a legal relationship and not the other party and therefore, they are only answerable to each other when there is a breach of contract and the third party is not given the right to interfere. This principle has evolved with the change in time. Here, we must understand two major parts of the privity rule namely: –

1. Privity of contract

The concept of privity of contracts mainly talks about who is eligible to sue or can be sued in a contract, which is dispute redressal mechanism in a contract.

• Privity of consideration

To understand the privity of consideration, we must look into sec.2(d) of the Indian contracts Act,1872 which states that (When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise)  at the desire of the promisor the promise or any other person ( which may be a person who is not a party to the contract ) has given the consideration. This tells us that as long as the consideration is given, it is immaterial who has given it.

However, there are a few exceptions to the rule of privity.

One of those is Trust or beneficiary. A trust is an organisation set up in the objective for giving some sort of benefit to the beneficiaries. It is a fiduciary relationship in which one party is the trustor and the other party is the trustee.  The beneficiary Is a person who receives benefit from the contract between the trustor and trustee. It is considered that beneficiary is a third party to this contract and therefore will not be able to sue the trustor or trustee in case of any breach of contract if the privity rule is followed. But by the breach of the contract between the trustor and trustee, the beneficiary is affected and therefore he/she must be allowed to sue the parties to the contract in case of any breach and thus, it is declared as an exception to the privity rule.

An example for the beneficiary rule is

 A executed an agreement with B’s father in the consideration for B’s marriage with A’s son will give Rs500 every month. Both the husband and wife were separated and the suit was brought by the daughter and she was not a party to the contract. It was held that thought the daughter was not a party to contract, she is eligible to file the case because she is a beneficiary to the contract[1]. This case stands as an exception to the privity rule.

An example for Trust  

A was appointed by his father as his decedent and was given the entire estate. In return Agreed to pay a certain amount and give a village to B. But A failed to do this. It is observed that the A’s father is the trustor, A is the trustee and B is the beneficiary in this case. This is because B is receiving a benefit from the agreement between A and A’s father. The question is whether B can sue A? The court said that B is eligible to sue A though he is not a party to the contract in this case because it is an exception to the privity rule[2].

Therefore we can conclude that trust and beneficiaries are an exception to the privity rue and they possess the right to sue a party to the contract even though they are not party to the contract.

[1] Khwaja Muhammad Khan v. Husaini Begum 1910 SCC OnLine PC 15:(1909-10) 37 IA 152.

[2] Rana Uma Nath Bakhsh Singh v. Jang Bahadur 1938 SCC OnLine PC 41: AIR 1938 PC 245.

There are many cases related to the doctrine of basic structure and the wagon mound case is one of the most famous cases under this doctrine. it is explained below:-

The wagon mound case.

The wagon Mound was an oil burning vessel that was charted by the appellants, overseas Tankship ltd. was taking fuel at the Sydney port and the respondents, Morts Dock Company, owned a Wharf where repairs and of a ship and welding works were going on there. Due to negligence of appellant’s servants a large quantity of oil spilt out of their possession and it was carried on to respondent’s wharf. this resulted in molten metal with water and fire causing a damage to the wharf and equipment. it was said that the appellants could not forsee that the oil would catch fire. The trial court applied the rule of directness and held that the appellants are liable. Privacy council held that the appellants are not held liable. The rule of proximate cause was established in this case for the first time.

CASES RELATED TO DOCTRINE OF REMOTENESS OF DAMAGES IN INDIA

1. Municipal Board, Kheri vs Ram Bharosey And Ors.[1] 

FACTS

The plaintiff granted a license to build a flour mill next to the respondent’s house and the house of the respondent was damaged due to the vibrations produced by the mill.

HELD

The Allahabad High Court held that the plaintiff will not be held liable because the damage did not arise as a direct consequence of the plaintiff’s act of granting the license. The court also laid down the following tests of remoteness: –

1. Consequences intended by the wrong doer are will not be considered too remote.
2. Consequences that are reasonable and probable will not be considered too remote.
3. Consequences that are direct are not too remote even if they could not have been reasonable of foreseen.  

1. Shantaben Ambalal Sutaria and … vs Valjibhai Harjibhai Patel And ors.[2] 

FACTS

the plaintiff who was returning home was knocked down by a vehicle causing multiple fractures to the person. the plaintiff was treated in the hospital for a few days and was later discharged. The plaintiff faced complaints after that and died after a few days.

HELD

The court held that there is no definite and direct relation between the dearth of the plaintiff and the accident and therefore the defendant will not be completely held liable.

10. CONCLUSION

Remoteness of damages in torts is defined using many tests and conditions. It is important to decide if the damage caused due to the tort is direct or too remote. This will help us in understanding if the plaintiff can claim for damages or not. The plaintiff must prove that the damages caused to him are not remote but direct and it was foreseeable and therefore he/ she can claim for damages.

The doctrine of remoteness of damage tells us that an event amounting to a wrong can be leading to many consequences which are interconnected leading to a series of acts or wrongs.

The damages can accordingly be proximate, direct, remote or too remote.

As explained using case laws, we can understand that in the case of remoteness of damages the decision held by the courts are mainly based on the facts and circumstances of the case and there is no hard and fast rule to decide. But a few principles as explained can help in drawing the line between direct and remote damages.

[1] A.I.R. 1961 All 430

[2] II (1992) ACC 553

i am sure you heard of butterfly effect. did u know that it has a role to play in the tort law. The concept of remoteness of damages talks about the effect of one act on another person’s rights even if the person is nowhere related to the tortfeasor or his acts.

DOCTRINE OF NATURAL OR PROBABLE CONSEQUENCE

The doctrine remoteness of damage is also called doctrine of natural or doctrine probable consequence. It proved that a plaintiff is not to be entitled to get damages if the damage sustained by him is too remote a consequence of the defendant’s conduct. The chain of causation between the defendant’s act and the plaintiff’s injury must not be too indirect for no man is liable in law “ad infinitum” for the consequences of his act.

For example, the plaintiff’s dredger was negligently damaged and was sunk by the defendant.

At that time the plaintiff was into a contract and he needed the dredger to discharge his labilities as a part of his contract. The damage of the dredger effected the plaintiff indirectly.

It was held that the plaintiff cannot claim for damages for additional contract hire expenses because the defendant could not have foreseen the loss caused to the plaintiff.[1]

TESTS OF REMOTENESS OF DAMAGE

The problem of remote and proximate damages can be solved using the following tests: –

1. The test of reasonable foresight

According to this test, the consequences of an act can be foreseen be a reasonable man, then they are not too remote and the plaintiff can claim relief under those circumstances.

This test was upheld in Pollock C. B in Rigby v. Hewit[2] and Greenland v. Chaplin[3].the

• The Test of directness

According to the test of directness, a person will only be liable for the direct consequences of his act, whether he could foresee them or not, because consequences which directly follow a wrongful act are not too remote to the act.

            The test of reasonable foresight was rejected and the test of directness was upheld to be more appropriate. In the case of Smith v. London and south Western Company[4], It was held that the railway company had breached their duty and were negligent and in allowing the heap of trimmings of grass near a railway line during such weather conditions. Therefore, the damages are not too remote.

PRINCIPLES AND RULES INVOLVED IN CONSIDERING THE OUESTION OF REMOTENESS OF DAMAGE.

Lord Rodger developed these principles of remoteness of damages. He summarised it into 5 main principles as explained below: –

1. The respondent will not be held liable for consequences that he/ she cannot foresee as the consequences of the act.
2. The circumstances will decide weather the respondent is liable or not and it may not be the same for all cases.
3. Considering the second principle, if the injury to the plaintiff is foreseeable, the respondent will be liable, even if the damage to a greater extent was foreseeable or it could not have been foreseen.
4. The respondent must take his victim if he finds him.
5. Where the personal injury to the pursuer is reasonably foreseeable by the tortfeasor, he will be held liable for personal injury. The injury suffered by the pursuer as a result of wrongdoing may be physical or psychiatric.    

 RULES RELATING TO REMOTENESS OF DAMAGE

• Egg-shell skull Rule

This rule is an exception to the rule in Wagon Mount. This rule proves that “to the effect that the amount of damage need not be foreseen at least so far as the physical condition of the victim is concerned, abnormal existing at the time of wrongful act do not negative casual connection.”

 This rule is called the egg shell rule because egg shell is fragile and it should be moved from one place to with care and similarly the defendant cannot cause any harm to a person who is week.

• Novus Actus rule

This rule talks about human intervention between the wrongful act and its consequences. This rule says that if there is an intervention of a third party

And the plaintiff sufferers a loss due to this, then the defendant will not be held liable for the damage caused. A consequence will be considered too remote if the chain of causation between the wrongful act and plaintiff’s damage is broken by an intervention of a new act by the third party.

[2] (1850) 5 Ex.240.

[3] (1850) 5 Ex. 243.

[4] (1870) L R 6 C.P 14.

DAMAGES AND REMEDIES

to understand the concept of remoteness of damages, it is important for one to understand the basic meaning and definition of remedies and damages.

Remedy is a means employed to enforce a right or redress an injury.

According to Tomlin “Remedy is the action or means given by law for the recovery of a right; and it is a maxim of law that whenever the law gives anything, it gives a remedy for the same.”  

In simple terms we can say that a remedy is the action or means given by the law for the recovery of a right.

There are mainly 2 kinds of remedies under torts namely: –

1. Judicial
2. Damages
3. Injunctions
4. Specific restitution of property
5. Extra – judicial.

Damages means loss or injury. When plaintiff suffers loss or injury due to the wrongful act of the defendant then he/she is entitled to receive damages from the defendant or respondent.

Black’s law dictionary states that “By a damage we understand every loss or diminution of what is a man’s own, occasioned by the fault of another. The definition of damage extends the notion beyond a man’s goods. His life, his limbs , his liberty an exemption from pain, his character or reputation, are all his own in a strict and proper sense; so that the loss or diminution of any of them gives him a right to demand reputation from those by whose fault they have been lost of diminished.”

The damages can be classified into the following categories; –

1. General damages
2. Specific damages

The primary object of awarding damages in an action of tort is to offer pecuniary compensation to the party injured. The nature of damages is generally compensatory.

LATIN MAXIM AND DEFINITIONS
To further understand the concept of remoteness of damages, we can use the legal maxim behind this concept and the definitions or views of great scholars about the topic.

LEGAL MAXIM- “injure non remota causa sed proxima spectator”

This means that in law, the immediate and not the remote cause of any event is regarded.

The consequences of wrongful act may be endless but the defendant or tortfeasor cannot be held liable for all the consequences followed by the wrongful act. The defendant is only liable for consequences that are not too remote or proximate. The consequences of the act must me foreseeable and only then plaintiff can claim for relief from the respondent or defendant.

For example, if a dog escapes from the possession of its owner and gets into the neighbour’s house and bites the neighbour and the dies because of a rear disease that he had. Here, the owner of the dog will only be liable for negligence and not for the dearth of the neighbour because that is an unforeseen circumstance and this is too remote for the tortfeasor or defendant to estimate.

Lord wright- “the law cannot take account of everything that follows a wrongful act; it regards some subsequent matters outside the scope of its selection, because it was infinite for the law to judge the causes of causes, or consequences of consequences. In the varied web of affairs, the law must abstract some consequences as relevant, not perhaps on ground of pure logic but simply for practical reasons.”

Lord Campbell- “the damage is too remote,” when the damage and loss are not sufficiently concatenated as cause and effect.”

Salmond and Houston- “while dealing with the doctrine of remoteness of damages the following conclusion with both on principle and authority seem to be indisputable.

In the first place, an event may be the consequence of several causes.

Secondly, the doctrine of remoteness of damage is not limited to wrongs of negligence but also applies to wrongs of all kinds.

Thirdly, a consequence cannot be held to be too remote if it was actually intended by the wrong doer.

Fourthly, the question of remoteness of damage, arises only after it is established that the defendant has been guilty of wrongful act.

 Fifthly, remoteness of damage is one of fact.” 

Doctrine of severability says that all those pre-constitutional laws that are not inconsistent with the post constitutional laws will not be legally valid according to this doctrine. the case will help us in understanding this concept in a better way.

STATE OF BOMBAY AND ORS. Vs. F.N. BALSARA

Citation – AIR 1951 SC 318, (1951) IIMLJ141, [1951]2SCR682

Bench–

 Saiyid Fazl Ali, M. Pantanjali Sastri, B K. Mukherjea, Sudhi Rajan Das and Vivian Bose.

Facts–

 Balsara filed petition in the Bombay High Court. He requested for passing an order for forbidding the state and the prohibition commissioner from enforcing the provisions of the Bombay prohibition act,1949. He prayed for granting him the assent to (a) allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products. (b) to not interfere and restrain him from exercising his rights and he should not be penalised for the same. The petitioner requested for passing an order under the specific relief act.

Issues–

 1) whether keeping and selling the alcohol mixed medicines and other products can be prohibited or not?

2) whether the act fell under Entry List II of the Government of India Act, 1935  namely, “intoxicating liquors, that includes, the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors”, or under Entry 19 of List I  namely, “import and export of liquors across customs frontier”, which is a Central subject?

3) whether the act as a whole must be declared void or only the provisions that are unconstitutional must be declared void?

Arguments of Parties:

The petitioner Balsara requested the Court to pass an order to allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products and to not interfere and restrain him from exercising his rights and thus wanted the government not to object under the Prohibition act in the use of his personal rights and may not take any action against them.

But the respondent opposed it as the right to consume or possess alcoholic products is prohibited by the Bombay Prohibition Act.

This case was challenged on the ground that it incidentally encroached upon import and export of liquors across custom frontier- a Central subject. It was contended that the prohibition, purchase, use, possession and sale of liquor will affect its import

Judgment:   

Decision in High Court:

The High Court, agreeing with some of the Petitioner’s allegations and not agreeing with some others, declared some provisions of the Bombay Prohibition Act as legal while some others as illegal. Aggrieved with the decision of High Court both the State Government as well as Balsara, with the permission of High Court, file appeals before the Supreme Court, against the Decision. 

Decision of Supreme Court:

The Supreme Court held that if any act passed by the State Legislature, prohibits or controls the export of the things mentioned in Entry 27 or 29 of List (II) outside the boundaries of the State, then the Act is illegal, but that Act has been passed on the basis of the Entry 31 of the List, Section 297(1)(a), therefore does not apply to it. It also held that the provisions of the Bombay Prohibition Act, 1949 which were declared as void did not affect the validity of the entire act and therefore there was no necessity for declaring the entire statute as invalid. The Supreme Court gave weight to Article 47 which directs the State to bring about prohibition of consumption of intoxicating drink except for medical purposes- to support its decision that the restriction imposed by the Bombay Prohibition Act was a reasonable restriction on the right to engage in ant profession or carry on ant Trade.

The Supreme Court declared illegal those provisions of the Bombay Prohibition Act which were regarding keeping alcohol-mixed medicines and toilet goods, selling and buying them and also using them etc as violation of Article 19(1)(g) of the Constitution and the rest of the provisions, legal. It was also decided that an Act, by declaring certain provisions thereof as illegal, cannot be wholly declared as illegal. Hence, selling and keeping of alcohol mixed medicines and other products are not prohibited and are legal.

Analysis:

This case explains that the law is void only to the extent of the inconsistency or any action which offends against a law (contravention). The word “to the extent of the inconsistency or contravention” makes it clear that when some of the provision of a statue when some of the provisions of a statute becomes unconstitutional on account of inconsistency with fundamental rights, only to the contradictory or conflicting provision of the law in question shall be treated by the courts as void, and not the whole statute. This Separation of provisions that are unconstitutional is called as Doctrine of Severability. In this case, it was held that the provision of the Bombay Prohibition Act, 1949 the provisions which are unconstitutional are declared as void and it did not affect the rest of the part hence, the whole statue is not declared as void. The Doctrine used in this case is Doctrine of Severability.

Violence against women is not uncommon in Turkey. The recent killing of 27-year-old student Pinar Gültekin at the hands of her former boyfriend, however, sent shock waves through the country. The woman from Turkey’s southwestern Mugla province was beaten and strangled to death by the man. He then tried burning the corpse in a nearby forest. After failing to do so, he disposed of her corpse in a bin, which he then filled with concrete.

Several days after the murder, the man was apprehended thanks to CCTV footage captured at a gas station where he was loading a fuel canister into his vehicle. The police say the man acted out of jealousy. According to the We Will Stop Femicide online platform, this year alone, 27 women were murdered for similar motives; a further 23 suspected femicides were recorded as well.

Violence against women and so-called “honour” killings are deeply rooted and prevalent issues in Turkey. According to a 2009 study on prevention strategies, 42% of Turkish women aged between 15–60 had suffered some physical or sexual violence by their husbands or partners.

Every year, the problem is getting worse: in 2019, 474 women were murdered, mostly by partners and relatives, the highest rate in a decade in which the numbers have increased year on year. The figures for 2020, affected by coronavirus lockdowns, are expected to be even higher.

“Violence against women is a problem everywhere. In Turkey we have a strong women’s rights movement but we also face a lot of opposition,” said Fidan Ataselim, We Will Stop Femicide’s general secretary. “In the last 20 years society has changed a lot: more women are demanding their right to work and go to university. The more choices we have, the more intense the backlash gets.”

Turkey was the first country to adopt a 2011 Council of Europe convention on gender-based violence and domestic violence, a groundbreaking legal framework designed to protect victims and effectively prosecute offenders, known as the Istanbul Convention.

Since then, however, even basic rights and protections won by Turkish women have come under threat as Recep Tayyip Erdoğan’s conservative Justice and Development party (AKP) has tried to roll back legislation politicians say threaten traditional family values.

Satyabrata Ghose v. Mugneeram Bangur &co.

 DATE OF JUDGMENT: 16/11/1953

BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.

Facts

Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed were temporarily requisitioned by the Govt. under the defence rules such that for unspecified period of time, any development work if executed on the land would be illegal. The contract was made at a time when war conditions were prevailing and any such requisition was imputed to be in contemplation of the parties while forming contract. Further, no time was specified in the contract.

Issue– Whether the doctrine of frustration will be applicable in this case?

Whether the plaintiff can seek relief under sec.56 of the Indian contracts act, 1847 ?

Held

Impossibility’ u/s 56 doesn’t mean literal impossibility to perform (like strikes, commercial hardships, etc.) but refers to those cases where a supervening event beyond the contemplation and control of the parties (like the change of circumstances) destroys the very foundation upon which the contract rests, thereby rendering the contract ‘impracticable’ to perform, and substantially ‘useless’ in view of object and purpose which the parties intended to achieve through the contract. Therefore, this is not a case applicable under the sec.56 of the Indian contracts act,1872 and a defence of frustration of contracts cannot be claimed under this case.

In the present case, Firstly, war condition were known to the parties while entering into the contract such they were aware of the possible difficulty in performance of the contract, in such circumstances, the requisition of property did not affect the root of the contract; Secondly, no stipulation as to time was provided in the agreement such that the work was to be completed within a reasonable time, but having regard to the nature of the development contract and the knowledge of the war conditions prevailing during the contract, such a reasonable time was to be relaxed. Therefore, the contract had not become impossible of performance u/s 56.

Caldwell v. Taylor

Facts. 

Plaintiff and Defendant entered into a contract, in which, Defendant agreed to let the Plaintiff use The Surrey Gardens and Music Hall on four certain days. After the signing of the contract, but before the first contract, the concert hall was destroyed by fire. The destruction was without fault of either party and was so extensive that the concerts could not be given.

Issue. 

Whether the loss suffered by Plaintiffs, is recoverable from the Defendant?

 Held-
The Defendant was discharged from performing, and his failure to perform was not a breach of the contract. When the contract is absolute, the contractor must perform it or pay damages for nonperformance although in consequence of unforeseen events the performance of the contract has become impossible. However, that occurs only where the contract is absolute. The contract here is subject to an implied condition that the parties shall be excused if performance becomes impossible from the perishing of the thing without fault of the contractor. The parties regarded the continuing existence of the hall as the foundation of the contract, and the contract contained an implied condition that both parties would be excused if the hall did not exist. Therefore, the destruction of the hall without fault of either party excuses both parties, the Plaintiff from taking the gardens and paying the money and the Defendant from performing their promise to give the use of the hall.

Conclusion– This is the case where the doctrine of impossibility through destruction of the subject matter was established by the queen’s bench.

Introduction

Discharge of contract by impossibility of performance. The section 56 of the Indian contract act 1872 deals with doctrine of frustration. Under this doctrine a promisor is relieved of any liability under a contract, in this case the contract will be deemed to be void.

Legal marme” less non – cogit ad impossibbilla. (law will not compel a man to do what he cannot possibly perform). Doctrine of frustration results in making a contract void and this means that a contract becomes void due to impossibility of performance of obligations by either of the parties because of unforeseen situations in the process of fulfilling the obligations.

The doctrine of frustration is applicable in 2 cases:

1. If the objective of the contract has become impossible.
2. An event has occurred making the performance of the contract to be impossible beyond the control of promisor.

Sec 56 of Indian contract act, 1872

56. Agreement to do impossible act — An agreement to do an act impossible in itself is void.

Contract to do an act afterwards becoming impossible or unlawful —A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.

Compensation for loss through non-performance of act known to be impossible or unlawful.— Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promise did not know, to be impossible or unlawful, such promisor must make compensation to such promise for any loss which such promise sustains through the nonperformance of the promise.

 Applicability of Doctrine of Frustration:                                                                                                                              (1) there should exists a valid and subsisting contract between the parties                                                (2) there must be some part of contract which is yet to be performed                                                   (3) the contract after it is entered into becomes impossible of performance.

Causes in which Frustration of Contract can be Applicable:                                                                          (i) Death or incapacity of a party.                                                                                                                       (ii) Frustration by virtue of legislation.                                                                                                              (iii) Frustration due to change of circumstances.

     Literature review–  

AVATAR SINGH-

Frustration is an act outside the contract due to which the completion of a contract becomes impossible. After the parties have concluded a contract, events beyond their control may occur which frustrate the purpose of their agreement, or render it very difficult or impossible, or as even illegal, to perform. An example of this is where a hall, which has been booked for the performance pf a play, is destroyed by fire, after the contract has been concluded, but before the date of performance of the play.

The origin of the ‘Doctrine of Frustration’ as many other laws has been from the roman laws. It was part of the roman contract law which extinguished obligations of innocent parties where the ‘thing is destroyed without the debtor ‘s act or default’, and the contract purpose has “ceased to be attainable”. It was applied in roman times, for instance, to save, from liability, a man who promised to deliver a slave by a certain day if the slave died before delivery.   

      VANDANA JAISWAL-

The doctrine of frustration in contract law was initially defined by two points, namely: (i) the doctrine was to be only permitted where it was raised as a defense to a primary assumption on which the agreement was reached; and (ii) the parties were entitled to insert provisions as a contingency measure to provide for the occurrence of the same.

    Scope of the study-

   the scope is this study is limited to understanding the doctrine of frustration. This is done with                                      the help of 2 cases. One Indian case and one foreign case have been taken into consideration    while studying this topic. The research paper is mainly based on basic knowledge about the   doctrine of frustration and sec. 56 of the Indian contract act,1872.

Research methodology-

this study is done using the doctrinal method of research. It is mainly based on secondary data. This data explains about the doctrine of frustration with the help of case laws. The application of sec.56 of the Indian contracts act, 1872 is given importance in this study. This data and information is from articles, websites, books, journals and from the Indian contracts act, bare act. Analytical study method was adopted in the process of research.

Objectives of the study-

1. To study the doctrine of frustration.
2. To understand the applicability sec.56 of Indian contracts act,1872.
3. To analyse the conditions for applicability of doctrine of frustration.
4. To examine the causes of doctrine of frustration.

Significance and benefits of study-

1. Basic understanding of the doctrine of frustration.
2. Analysing sec.56 of the Indian contract act.
3. Application of topic in various cases.
4. Understanding the impossible and unlawful acts.

This is an important case analysis on environment law. we have had such incidents in Delhi and recently in Vishakapatnam. this is an incident that changed the lives of many people. The supreme court of India recognized the need for supporting the victims and compensating them.

CASE NAME– Union Carbite Corporation v. UOI.

CITATION- 1990 AIR 273, 1989 SCC (2) 540

BENCH – R S Pathak, (CJ), Venkataramiah E S, , M N Venkatachalalliah, Ranganath Misra, N D Ojha.

FACTS-

Union Carbite Corporation India Ltd. manufactured batteries, chemicals, and other similar products in their manufacturing unit in Bhopal, Madhya Pradesh. This was set up in the year 1970. On the night of 2^nd December, Methyl Isocyanate is a poisonous gas that leaked from the plant. This effected more than 800000 people in total. The government of India enacted The Bhopal Gas Leak Disaster Act,1985 to give an easy was of presentation of the victims by invoking the doctrine of Parens Paraie.

ISSUES- 

• Whether tort was committed by the defendant?
• Whether UCC can be criminally held liable?

ARRGUMENTS OF BOTH PARTIES

The central government filed a complaint before the southern district court in New York saying that the Indian judiciary will not be able to handle such a complex issue because of lack of expertise in the law of torts. It was also said that the delay in Indian judicial proceedings will delay the justice. The jurisdiction was refused by the court saying that there can be a more appropriate court to handle this issue.

Later the central government filed a case against the corporation in the district court of Bhopal. The court said that 350 crore rupees must be given by the UCC in compensation to the damages caused to the victims. The respondents appealed to the high court of Madhya Pradesh and the compensation was reduced to 250 crore rupees. The UCC filed an appeal to the Supreme Court of India.

JUDGEMENT-

Justice R S Pathak said that it was the duty of the court to secure immediate relief to the victims of the MIC leak and while doing that the court did not entered into any virgin territory. He applied the polluters pay principle and decide the compensation to be US $470. the majority opinion was given by Justice Venkatchaliah on behalf of himself and K.N. Singh and N.D. Ojha JJ. CJ Mishra concurred with him and Ahmadi J. it was also held that criminal proceedings must be initiated against the UCC and later they were quashed. A compensation of 750 crore rupees was to be given to the victim by UCC as per the judgement.

ANALYSIS-

The judgement was criticised mainly on the ground that the criminal proceedings were dismissed. It was also said that the Indian judicial system must have a speedy redressal mechanism and it was compared with the other countries saying that if such an incident had happened in any other countries then the authorities would have reacted in a completely different way. This incident also lead to enactment of several acts like the Environmental Protection Act, 1986; Public Liability Insurance Act, 1991 and etc. to ensure public welfare.

Even though UCC was a multinational corporation it was held liable for the tort committed by one of its subsidiary.  However, the victims were compensated and justice was delivered to the maximum extent.

we know that the Parliament is the law making authority and also has the power to amend the constitution but it is important for us to understand that the parliament cannot amend all the provisions of the constitution. this is is because of the basic structure doctrine.

The doctrine of basic structure is a judicial made doctrine. It is understood that this is not a part of the constitution of India and was propounded on 24^th of April 1973 in the famous case Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala[1] and Anr. In this case, the term basic functions of the constitution were used. The term basic structure was used in the case of Minerva Mills Ltd. and Ors. vs Union Of India and Ors.[2] Which was decide on 3st July 1980.

 I support the basic structure doctrine because this doctrine is brought in with the intention that the power of the parliament to amend the constitution must be restricted and the fundamental idea of the constitution must not be allowed to be amended. It is understood that the basic features like equality, secularity, Judicial review, rule of law and etc are not only a part of the preamble or the fundamental rights but also the fundamental idea of the constitution makers behind the drafting of the constitution. Though all the contents of the basic structure are not declared on any document, various cases (Waman Rao And Ors vs Union Of India (Uoi) And Ors.[3] ,  Indira Sawhney & Ors v. Union of India[4], and many other cases) give us an idea of what could be the contents of basic structure doctrine. The fundamental rights (Part 3) of the constitution must be restricted from being amended because it will result in being a thread to the basic principles of not only the constitution but also democracy and therefore, they can be amended to widen the scope but not narrow it down.

 In my opinion if there is no restriction on the amending power of the constitution, then the parliament will have unlimited power. It may start amending all the provisions of the constitution. For example, if the parliament amends the constitution by removing the right to seek judicial review then it will stop the people from going to courts for relief and eventually the judiciary will loose complete power. This will indirectly lead to the supremacy of the parliament and not supremacy of law which is against the principle of rule of law. This gives an unfair opportunity to amend any provision of the constitution and the preamble. This may also lead to demolition of the basic idea of democracy which including equality and principles of separation of powers and rule of law. It is not only India but many other countries do not allow the parliament or legislature to amend the essential or basic features of their constitution. 

It is important for us to remember that precedents are an important source of law. As explained in the cases, the doctrine of basic structure is a law and holds value even though it is not a part of the constitution or it is an unwritten doctrine. 

[1] Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225: AIR 1973 SC 1461.

[2]  Minerva Mills Ltd. v Union of India (1980) 3 SCC 625.

[3]  Waman Rao And Ors vs Union Of India (Uoi) And Ors.(1981) 2 SCC 362, 1981 2 SCR 1

[4]  Indira Sawhney & Ors v. Union of India AIR 1993 SC 477, 1992 

Fraud, we listen to this word very often in our day to day life.it is used in various statutes. in this article, I have tried to briefly cover what exactly it means in contract law.

consent given by a party is not said to be free when it is caused by fraud. Fraud is defined under sec. 17 of the Indian Contract Act as the following: –

“17. ‘Fraud’ defined. — ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract: —

(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;

(3) a promise made without any intention of performing it;

(4) any other act fitted to deceive;

(5) any such act or omission as the law specially declares to be fraudulent. Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2, or unless his silence, is, in itself, equivalent to speech.”

The Essentials of fraud: – 

1. It should be done by one party of the contract
2. There must be a representation
3. The representation must be false
4. The fraud must be committed before completion of the contract
5. The misrepresentation should be made by the will of the party
6. There should be an intention to deceive the other party
7. The other party must actually be deceived
8. The other party has suffered a loss due to this misrepresentation with a mala fide intention.

A famous English case House of lords in Derry v. Peek[1] is an example under this concept. In this case, A company’s prospectus said that it was authorised by a special act of Parliament to run trams by stream or mechanical power. This was however not true. The plaintiff was a shareholder and sued the directors for fraud. The defendants were not held liable in this case.

An Indian case is, Haji Ahmad Yarkhan v. Abdul Gani Khan [2], the plaintiff could not recover the expenses incurred for the engagement of his son. the marriage was broken because the girl’s family hid the facts about her health. Silence or non-disclosure of essential facts may not amount to  a fraud.

Sec.19 of the Indian Contract Act,1872

“19. voidability of agreements without free consent.—When consent to an agreement is caused by coercion, 1[***] fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.”

The contract is not voidable : –

1. When the party who consent was caused by silence amount to fraud and be has the means of discovering the truth with ordinary diligence.
2. When a party gives the consent by ignoring the fraud.
3. When the party takes a benefit after getting the knowledge about the fraud.
4. When the parties cannot be restored to their initial position.
5. When the interest of a third party is intervened before the contract is avoided.

[1] House of lords in Derry v. Peek (1889) LR 14 AC 337 (HL)

[2] Haji Ahmad Yarkhan v. Abdul Gani Khan AIR 1937 Nag 270.

Ambedkar, B. R. (1891 – 1956): A leader of the depressed classes throughout his life, he worked for the moral and material progress of the untouchables. He was jurist by profession and equally a great social worker, politician, writer and educationist. He launched a number of movements for securing equal status for the lower castes. He was appointed the Law Minister in the Interim Government and also Chairman of the Constituent Assembly’s Drafting Committee.

Ansari, M.A. (1880 – 1936): Qualified as a physician, he organised the All India Medical Mission of Turkey in 1912-13. Later took a leading part in the Home Rule League agitation. Elected President, Muslim League in 1920. Participated in the Khilafat, the Home Rule and Non-Cooperation Movements. He was the founder of the Nationalist educational institution, Jamia Millia Islamia in 1920.

Azad, Chandra Shekhar (1906 – 31): One of the most famous revolutionaries from the present day Uttar Pradesh. He was arrested during Non-Co-operation movement, and was flogged for ridiculing the court during trial by declaring his name as Azad, his father as Swatantra and his home as prison. From this he became famous as Azad. He shot himself dead with the last bullet he had in his pistol, while fighting alone with the police.

Asaf Ali (1888 – 1953): Started his legal career at Delhi and later joined the Home Rule movement, in 1945, took up the Secretaryship of the INA Committee and he was India’s first Ambassador to Washington.

Badruddin Tyabji (1844 – 1906): First Indian barrister at Bombay High Court.

Bal Gangadhar Tilak (1857 – 1920): Remembered as Lokmanya, he played a leading part in popularising the cult of patriotism; first nationalist leader who sought close contact with the masses and he was also a forerunner of Gandhiji. He started akharas, lathi clubs, Shivaji and Ganapati festivals to inculcate among the people the spirit of service to the nation, the first congress leader to suffer several terms of imprisonment for the sake of the country. He openly declared, “Swaraj is my birthright and I shall have it”.

Bhagat Singh (1907 – 1931): Born in a Sikh Jat family of Lyallpur district, joined the Hindustan Socialist Republician Army in 1925; in 1928 shot and killed Saunders to avenge the death of Lala Lajpat Rai who received injuries during the anti-Simon Commission agitation at Lahore. He was the main accused and received the death sentence; executed on 23 March, 1931.

Bhulabhai Desai (1877 – 1946): Established the Swadeshi Sabha for promoting the boycott of foreign goods. His last and perhaps the greatest contribution to the national cause was his brilliant defence of the INA prisoners in 1945.

Bipin Chandra Pal (1858 – 1932): Entered into the Brahmo Samaj and founded the English weekly, New India; initially follower of Surendranath in politics; founded Bande Mataram in 1906 and was imprisoned for refusing to give evidence in the Bande Mataram Sedition case in 1907.

Chakravati Rajagopalachari (1878 – 1972): Participated in the anti-Rowlatt Bill Satyagraha in 1919 and gave up his legal profession in 1920, to join the Non-Co-operation Movement; a chief organiser of the Congress in the South; involved a formula for the solution of Indian Constitutional tangle in 1944 and assisted Gandhiji in his negotiations with Jinnah, served the Interim Government as Minister for Industry, Supply, Education and Finance and then as the Governor of West Bengal. In 1948 succeeded Lord Mount Batten as the first Indian Governor General of the Indian Dominion till 26 January 1950 when India became a republic, between 1952 and 1954 Rajaji was the Chief Minister of Madras. Founded the Swatantra Party in 1959.

Dadabhai Naoroji (1825 – 1917): The Grand Old Man of India, associated with the Indian National Congress right from its inception. The Indian to become a Member of the House of Commons on the Liberal Party’s ticket, President of Indian National Congrees thrice, in 1886, 1893 and 1906, first Indian to draw the attention of the Indians as well as the British Public to the drain of wealth from India to great Britain and the resulting poverty of the Indians; “Poverty and un-British rule in India”, a book written by Naoroji was published in 1901, proves his thesis of Drain of wealth.

Gopal Krishna Gokhle (1866 – 1915): A follower of Mahadev Govind Ranade, popularly known as the socrates of Maharashtra; Gandhiji became Gokhle’s political pupil, in 1905 laid the foundation of the ‘Servants of India Society’ for the trainning of national missionaries for the service of India, and to promote, by the constitutional means, the true interest of the Indian people.

Gopinath Bordoloi (1980 – 1950): One of the builders of modern Assam; imprisoned in 1941 and 1942 for taking part in the individual satyagraha and the in the Quit India Movement.

Jatindra Mohan Sen Gupta (1885 – 1933): Renounced his legal practice during the Non-Co-operation Movement, organised the strike of the employees of Assam Bengal Railways, led the Civil Disobedience Movement.

Kamala Nehru (1899 – 1936): She was married to Jawaharlal Nehru in 1916, joined her husband in the Non-Cooperation Movement, and the Civil Disobedience Movement.

Kasturba Gandhi (1869 – 1944): Endearingly married to Mohandas Karamchand Gandhi in 1882, one of the first of a group of Indian women to be imprisoned in the Transvaal, arrested for participating in the Quit India Movement in 1942, died while serving imprisonment at Poona.

Sarojini Naidu (1879 – 1949): Educated in England, showed a marked flair for literature at an early age which later found expression in beautiful English verses and earned her the title “Nightingale of India”. She joined Home Rule League in 1916; first Indian lady to preside over the Congress, led the salt raid at Dharsana in 1930, at the beginning of the Quit India Movement in 1942 arrested and detained with Gandhiji; the first Indian lady to become the Governor of Uttar Pradesh in free India, fought all her life against poverty, ignorance and social taboos.

Narayan Malhar Joshi (1879 – 1955): He was a member of the Central Pay Commission in 1947, an important leader of the Indian trade union movement; organised creches, dispensaries for women and children and industrial training schools and co-operative societies.

Swami Sahjanand Saraswati (1889 – 1951): He was President of the “All India Kisan Sabha”. He pioneered the peasants cause and became the Founder-President of the Bihar Kisan Sabha in 1927.

Vijaya Lakshmi Pandit (1900 – 1990): Sister of Jawaharlal Nehru, a prominent national leader, was imprisoned thrice in connection with Civil Disobedience Movement in 1932, 1941 and 1942; played an important role as India’s representative in San Francisco during the first meeting in UN where she challenged the might of the British.

Khan Abdul Ghaffar Khan (1890 – 1988): Born in a village of Peshawar district of the British India, joined the national movement at very young age and inculcated the ideas of nationalism into the minds of the Pathans; plunged into the agitation against the Rowlatt laws, the Khilafat, Non-Cooperation and Civil Disobedience movements, never saw eye to eye with the fanatical ideology of the Muslim League and was committed to secularism. He opposed to the Partition of India. He was popularly known as Frontier Gandhi.

Mahadev Desai (1892 – 1942): In 1917 came in close contact with Gandhiji pledged himself into the Champaran Satyagraha, editor of Motilal Nehru’s periodical, Independent.

Ram Manohar Lohia (1910 – 1968): A socialist, in 1934 became a founder member of the Congress Socialist Party and edited its journal’. ‘The Congress Socialist’, in free India. A forceful journalist who promoted the cause of Hindi as national language.

Sachchidananda Sinha (1871 – 1950): A distinguished lawyer, journalist, politician and educationist, joined the Congress in 1899, actively participated in the Home Rule movement, from 1936 to 1944 Vice-Chancellor of Patna University.

Vallabhai Patel (1875 – 1950): Born in an agriculturist family of Nadiad in Gujarat; entered politics by joining the Gujarat Sabha in 1915, of which Gandhi ji was the President; joined the Non-Co-operation Movement; led the famous peasants agitation against in increase in land revenue at Bardoli and won a signal victory; joined the Quit India Movement in 1942; in free India became the Deputy Prime Minister; a man of iron who never allowed personal sentiment to confuse his duties.

Acharya Vinoba Bhave (1895 – 1982) : Close associate of Gandhiji; leader of Sarvodaya and the Bhoodan Andolan; was a staunch advocate of cow protection.

Rajendra Prasad (1884 – 1963): As a student he took interest in the anti-partition agitation in Bengal and established the Bihari Students ‘Conference’ in the fore-front of the salt Satyagraha and the Civil Disobedience Movement in 1930 and 1932 and suffered imprisonment; on failure of Cripps Mission undertook a tour of his province and prepared the masses for the Quit India Movment; joined Interim Government as Minister for Food and Agriculture in 1946; the first President of the Constituent Assembly, became the first President of the Indian Republic.

Abdul Kalam Azad (1888 – 1958): Known as the Maulana Abul Kalam Azad, born in Mecca where his ancestors had migrated from India during the revolt of 1857; in 1898 accompanied his parents to India and settled in Calcutta, associated himself with the revolutionaries during the Swadeshi Movement; in 1929 he came in close contact with Gandhiji and supported the Non- Cooperation programme; Chief of the Khilafat Committee, elected President of the special session of the Congress at Delhi in 1924, he led the negotiations with British Cabinet Mission (1946), a member of the Constitutent Assembly; joined the Interim Government as Minister of Education and Arts, in free India he became the Education Minister and later took charge of the portfolios of National Resources and Scientific Research, he established the University Grants Commission.

Ghosh, Aurobindo (1872-1950): A leading Bengali revolutionary who later turned yogi. For about ten years, he remained active in the political field, particularly during the partition of Bengal, and was one of the propounders of the programme of Swadeshi and boycott. He expressed the view that political freedom was “the life and breath of our nation”. In 1910, he retired to Pondicherry, where he spent his life in mediation and spiritual pursuits.

Hume, Allan Octavian (A.O.Hume) (1829 – 1922): A British Civil Servant in India, who after his retirement for service in 1882 worked for India’s political claims and is known as the ‘father and founder’ of the INC. Hume was the guiding spirit during the formative years of the INC. He had studied medicine and surgery and was a great naturalist and botanist.

Ishwar Chandra Vidyasagar (1820 – 1891): He was an upcompromising social reformer and put up a valiant fight for introduction of widow remarriage and stamping out polygamy from society.

Jinnah, Mohammad Ali (1875 – 1948): A leading lawyer, leader of the Muslim League and founder of Pakistan.

Besant, Annie (1847 – 1933): An Irish English woman, who came to India in 1939 to work for the Theosophical society. She ardently worked for India’s independence. In 1915 she founded the Home Rule League to launch the Home Rule Movement and was made President of the Calcutta session of the Congress in 1917.

Bose, Subhash Chandra (1897 – 1945): He was the supreme commander of Azad Hind Fauj (the Indian National Army). In January 1941, he escaped out of India and reached Berlin. He died in a plane crash on August 18, 1945.