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Ayushi Sahu
Why is RuPay a finer Conduit?
Column

Why is RuPay a finer Conduit?

In order to bring a healthy whirl to the former system of payments, the Government of India, setup the National Payments Corporation of India (NPCI). The NCPI gave birth to a new card scheme called RuPay to reduce the cost and at the same time to promote cashless payments.

Hard cash or bank notes have been abandoned with lately with the coming up of ‘Soft Currency’ in the market. Reasons for this switch have been numerous but what could be more interesting is how the money of the country can drain by its citizens switching to cards like MasterCard, Visa or Amex.

To understand how using these plastic cards could be a trouble we have to understand how their system actually works. Suppose Mr. A having an account in a bank named XYZ, is trying to pay Mr. B who has an account in a bank named PQR. If Mr. A uses cards like Mastercard or visa, these are international payment gateways working as a mediator between the two banks. Since the transactions are international, they simply have an account with any bank across the world hence they, along with forwarding the amount, take their overly-priced commission. Consequently, you pay the brokerage to such gateways and cause heavy damage to the economy of the country in the longer run. Also, when a bank in public or private sector issues a card, it has to pay additional charges along with transaction charges, further draining the funds of the country.

In order to bring a healthy whirl, the government of India, to reduce the cost and at the same time to promote cashless payments, setup National Payments Corporation of India (NPCI). The corporation then gave birth to a new card system and named it the RuPay card. With no doubts the government has succeeded in setting up a domestic card scheme which would not only compete with the others in the market but also other merits.

RuPay is a Indian company and our own domestic payment gateway system. Since there is no international entity involved and the transaction is also within India this results in faster transaction along with far lesser processing charges. That’s a win-win for both the parties including the bank. The most important factor is that the client’s data would not be stored with any international company. RuPay card can be utilized almost everywhere in India and is accepted in e-commerce too. RuPay cards were issued to all Jandhan account holders which was in itself a bold step taken by Indian government.

Since the tie up has been done with Discover and Dinersclub it can be used internationally too but only in those places where Discover and Dinersclub cards are accepted. To promote Rupay cards we get many lucrative offers like cash back etc if we fill fuel, pay bill, book tickets etc. One can approach any bank, submit simple KYC information, open an easy savings account and obtain a RuPay Debit Card. Further existing visa or master card can be returned and the bank may be asked to issue a Rupay card. The best still is to open a Jandhan account. Henceforth, a recourse to endorsing RuPay further as a card system can be endorsed.

Graduate Insolvency Programme: The easy way around to be an Insolvency Professional
Professional Guidance

Graduate Insolvency Programme: The easy way around to be an Insolvency Professional

The Insolvency and Bankruptcy Code, 2016 came to be enacted only a few years back but with clear and vital objectives. The need for the Code was felt because: 

  1. It binds the law for re-organization and insolvency resolution for corporate persons, partnership firms and individuals all together, or what one may call unifies the rules.
  2. It’s different from a debt-recovery mechanism but it rather tries to help the conglomerate or the individuals to bring the partnership or company or venture as the case maybe on the right track. Thus, helping to construct a better economy.
  3. To establish the Insolvency and Bankruptcy Board of India (IBBI).

Who is an Insolvency Professional?

An Insolvency Professional (IP) is a term defined under Section 3(19) of the Insolvency and Bankruptcy Code, 2016 and states that “insolvency professional means a person enrolled under Section 206 with an insolvency professional agency as its member and registered with the Board as an insolvency professional under Section 207”

Further, Section 3(20) states that “insolvency professional agency means any person registered with the Board under section 201 as an insolvency professional agency”

Criteria to be an Insolvency Professional

Part IV Chapter IV of the Insolvency and Bankruptcy Code, 2016 deals with Insolvency Professional in depth and certain eligibility criteria are provided under-

  1. Section 206 requires an IP to be enrolled as a member of an Insolvency Professional agency and registered with the Board.
  2. The official website of IBBI presents a platform to enroll for Limited Insolvency Examination (“LIE”) or the National Insolvency Examination (“NIE”).
  3. The Limited Insolvency Examination requires 15 years of experience after graduation if one has been working at management posts, otherwise an experience of 10 years is required if one is a CA, CS, CMA or even an advocate.

The board categorizes the professionals on the basis of qualifications and experience in the varying fields like finance, law, management, insolvency or such other field. 

The Graduate Insolvency Programme

The better option for people who do not have the requisite experience is to opt for the Graduate Insolvency Programme (GIP). A person completing the GIP is eligible to be registered as an IP under the Insolvency and Bankruptcy Code 2016, without having to wait for 10-15 years to acquire the experience as required by the Code at present. 

Not just that, the program is specifically beneficial for people who elect to become academics or researchers or work in media houses.

Further details and notifications could any time be tracked at the official website of IICA i.e., The Indian Institute of Corporate Affairs established by the Ministry of Corporate Affairs (MCA), Government of India.

Website Linkhttps://iica.nic.in/gip/programme.aspx

Mukesh Kumar and Ors. Vs. The State of Uttarakhand and Ors. 2020 (1) SLJ350(SC)
Case Reviews, The Law

Mukesh Kumar and Ors. Vs. The State of Uttarakhand and Ors. 2020 (1) SLJ350(SC)

The case dealt with a number of appeals pertaining to reservation in promotion of Scheduled Castes and Scheduled Tribes to the post of Assistant Engineer (Civil) in Public Works Department of the Government of Uttarakhand.

Relevant Facts 

  • On 06.07.2011, in Vinod Prakash Nautiyal and Ors. v. State of Uttarakhand and Ors (1) the court directed the Government of Uttarakhand to constitute a committee for collection of quantifiable data regarding the backwardness of the reserved communities in the State of Uttarakhand and the inadequacy of their representation in public posts.
  • On 05.09.2012, the State Government decided that all posts in public services in the State shall be filled up without providing any reservations to Scheduled Castes and Scheduled Tribes.
  • On 01.04.2019, the High Court disposed the writ petition and struck down the proceeding dated 05.09.2012 relying on Indra Sawhney v. Union of India and Ors. (2) and Jarnail Singh and Ors. v. Lachhmi Narain Gupta and Ors. (3) This judgment of the High Court was challenged in an appeal. 
  • On 15.07.2019, the High court disposed a writ petition filed by Vinod Kumar and three others of Scheduled Castes working in the Public Works Department, Government of Uttarakhand directing the State Government to implement reservations in promotion by promoting only members of Scheduled Castes and Scheduled Tribes in future vacancies to maintain the quota earmarks. This order was also challenged in an appeal.
  • On 15.11.2019 the High court disposed application for review of the judgment dated 01.04.2019 filed by the State of Uttarakhand and held that even though the state is not obliged to provide reservation in promotions but could be provided by collecting data regarding lack of representation of reserved communities. 
  • A number of appeals were filed aggrieved by the order dated 15.11.2019.

Key Issues

  1. Whether the State Government is bound to make reservations in public posts?
  2. Whether the decision by the State Government to not provide reservations can be only on the basis of quantifiable data relating to adequacy of representation of persons belonging to Scheduled Castes and Scheduled Tribes?

Rules Applicable

  1. Section 3(7) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for short “the 1994 Act”)
  2. Rule 8-A of the Uttar Pradesh Servants Government Seniority Rules, 1991 (for short “the Seniority Rules”)
  3. Article 16(4) and 16(4-A) of the Indian Constitution 

Arguments of the Appellants 

  1. Mandated by Article 16(4) and 16(4-A) of the Constitution of India to the State to provide reservations in promotions.
  2. The state might defeat the right to equality it fails in discharging constitutional obligation. 
  3. Since the report of the committee approved by the State Cabinet reflects the inadequate representation hence, the State Government was duty bound to provide reservations.
  4. The judgment of this Court in Suresh Chand Gautam v. State of U.P. (4) needs reconsideration.

Arguments of the Respondent

  1. It’s not a fundamental right to claim reservation in appointments or promotions to public posts.
  2. There is no constitutional duty on the part of the State Government to provide reservations as Article 16(4) and 16(4-A) are merely enabling provisions.
  3. The collection of data is required only to justify a decision to provide reservation and therefore isn’t a necessity.

Judgement 

  1. The decision given by the High court on 01.04.2019, quoting the decision of the state to given on 05.09.2012 as illegal was set aside. 
  2. The direction given by the High Court in its judgment dated 15.07.2019, directing all future vacancies to be filled up by promotion in the posts of Assistant Engineer, should only be from the members of Scheduled Castes and Scheduled Tribes was set aside. 
  3. The Supreme Court upheld the decision in Suresh Chand Gautam v. State of U.P.

Precedents Cited

A. Ajit Singh (II) v. State of Punjab (5)

Article 16(4) and 16(4-A) do not confer fundamental right to claim reservations in promotion.

B. C.A. Rajendran v. Union of India (6)

It is settled law that the State Government cannot be directed to provide reservations for appointment in public posts.

C. M. Nagaraj and Ors. v. Union of India and Ors. (7)

Without affecting general efficiency of administration as mandated by Article 335 of the Constitution

D. Indra Sawhney v. Union of India and Ors. (8)

Article 16(4) and 16(4-A) are enabling provisions.

Analysis

Since the inadequacy of representation is a matter within the subjective satisfaction of the State, it is solely the discretion of the state to provide reservation. Also, because Article 16(4) and 16(4-A) are in the nature of enabling provisions. If the State wishes to exercise its discretion and make provisions for reservation, the collection of quantifiable data showing inadequacy of representation of that class in public services is a sine qua non, to back up or justify its decision to uplift the particular class. Therefore, there should be some sort material forming the basis of decision of the state. The Court should show due deference to the opinion of the State which does not, however, mean that the opinion formed is beyond judicial scrutiny altogether.

Conclusion

To provide reservation is the discretion of the State and to furnish it the collection of a quantifiable data to acknowledge the adequacy of representation of reserved communities is pre-requisite. Not even the court can issue mandamus to the State directing collection of data or urge the state to provide reservation. But the procedure is not entirely beyond judicial scrutiny.

(1) 2013 SCC OnLine Utt 4093
(2) (1992) Supp. 3 SCC 217
(3) (2018) 10 SCC 396
(4) (2016) 11 SCC 113
(5) (1999) 7 SCC 209
(6) (1968) 1 SCR 721
(7) (2006) 8 SCC 212
(8) AIR 1993 SC 477

How to procure Free Legal Aid
How To?

How to procure Free Legal Aid

The idea of provisioning free legal aid is that no one should be deprived of their legal rights due to any financial insufficiency. It was because of this intent that the Indian law provides for free legal aid. Article 39A of the Indian Constitution, lists ‘Equal Justice and free legal aid’ as a directive principle of state policy. This has also been seen as a corollary of the right to Protection of life and personal liberty as envisaged in Article 21.

Basics

  • The Legal Services Authorities Act, 1987 was enacted to ensure that the weaker sections (inclusive of economically weaker sections) of the society could reach out and be represented.
  • There are legal service institutions constituted based on territorial and subject-matter jurisdiction. These are Taluk Legal Services Committee, District Legal Services Authority, State Legal Services Authority, High Court Legal Services Committee, Supreme Court Legal Services Committee and National Legal Services Authority. 
  • There is no monetary charge for getting and submitting an application form for free legal aid.
  • One can seek help both online and offline. Authorities usually have an office to assist and move applications.

Procedure

  • Online
    1. One can either access or apply on the online portal of NALSA (https://nalsa.gov.in/) or the website of the respective State Legal Services Authorities.
    2. Email the application to NALSA (at nalsa-dla@nic.in).
  • The form is to be filled out and could be either submitted physically or by post.
  • If required, the application can also be written on a piece of paper, giving certain specifications.
  • The Para Legal Volunteers (PLVs) can fill up the forms for you and hence the application can also be filed orally.
  • If the person is illiterate, thumb impressions can be affixed on the application.

Specifications if you choose to write an application instead of filling a pre-made form-

  • Name
  • Gender
  • Residential address
  • Employment status
  • Nationality
  • Whether SC/ST (with proof in support)
  • Income per month (with affidavit)
  • The case for which legal aid is required
  • Reason for seeking legal aid, etc. 

It can be submitted physically or by post.

Information to be furnished along with the application-

  • If you have opted for the online procedure the website itself asks for relevant documents required.
  • Otherwise, the authorities may ask for identity proofs, requisite certificates/affidavit as proof of belonging to a particular category to avail free legal services.

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