The Right to own Property has been a contentious topic in India ever since the constitution was drafted. Originally protected by Article 31 as a Fundamental Right, it was progressively diluted by a series of changes designed to limit judicial interference and preserve the legislative branch's authority. Property rights were declared mere Constitutional Rights under Article 300A of the Constitution when the 44th amendment removed them from part III of the Constitution. Through land reforms, the founding fathers sought to strike a compromise between upholding pre-existing property rights and establishing an equitable society. Nevertheless, the battle between the courts and the legislature resulted in a number of corrective rulings and constitutional revisions between 1950 and 1980. The paper examines later modifications and significant cases pertaining to property rights, including certain cases and Amendments and further contrasts India's property rights with those of the United Kingdom and the United States, where they are based under Fundamental Law. This paper contends that the 44th Amendment violated the Socialist principles outlined in the preamble, making it in essence unlawful and has tried to showcase through various case laws, the arbitrariness that the government has portrayed while passing such Constitutional Amendments.
{"title":"CONSTITUTIONAL CROSSROADS: INDIA’S PROPERTY RIGHTS SAGA IN CONSTITUTIONAL LORE","authors":"Stuti Lal, Jayestha Kamboj, Sarthak Sharma","doi":"10.59126/v3i2a2","DOIUrl":"https://doi.org/10.59126/v3i2a2","url":null,"abstract":"The Right to own Property has been a contentious topic in India ever since the constitution was drafted. Originally protected by Article 31 as a Fundamental Right, it was progressively diluted by a series of changes designed to limit judicial interference and preserve the legislative branch's authority. Property rights were declared mere Constitutional Rights under Article 300A of the Constitution when the 44th amendment removed them from part III of the Constitution. Through land reforms, the founding fathers sought to strike a compromise between upholding pre-existing property rights and establishing an equitable society. Nevertheless, the battle between the courts and the legislature resulted in a number of corrective rulings and constitutional revisions between 1950 and 1980. The paper examines later modifications and significant cases pertaining to property rights, including certain cases and Amendments and further contrasts India's property rights with those of the United Kingdom and the United States, where they are based under Fundamental Law. This paper contends that the 44th Amendment violated the Socialist principles outlined in the preamble, making it in essence unlawful and has tried to showcase through various case laws, the arbitrariness that the government has portrayed while passing such Constitutional Amendments.","PeriodicalId":497985,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"42 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141348968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This study looks at nearly every aspect of e-banking security, including the purpose and benefits of implementing e-banking security, as well as upcoming challenges and the best possible solutions that can be implemented. In terms of maximum security, reliability, performance and practicality. Electronic banking services are being used more and more by small and large organizations around the world, and electronic banking has become one of the most difficult computing tasks for a variety of reasons, including the fact that for payments The number of end users of this complex system is extremely high, financial transactions must be as secure as possible to prevent fraud, and the banking infrastructure involves many different technologies, such as smart cards, payment terminals, servers and networks. Frauds in banking system show an increasing trend. Misappropriation of assets/funds, innovation of latest technology, cybercrimes, and accounting frauds square measure in the main increasing. Rising of the foreign terrorist organization is additionally a significant issue being faced by the banks. Currently the time has changed and banks should be high alert and take a strict step against these in order to not lose the credibility. There should be transparency in the slightest degree level in organisation to scale back fraud. Therefore during this study an attempt has been made to grasp the idea of fraud and determine the explanation to beat this downside.
{"title":"CRITICAL ANALYSIS OF FRAUDS AND CYBER CRIMES IN THE BANKING SECTOR","authors":"Vijayant Sinha","doi":"10.59126/v3i2a1","DOIUrl":"https://doi.org/10.59126/v3i2a1","url":null,"abstract":"This study looks at nearly every aspect of e-banking security, including the purpose and benefits of implementing e-banking security, as well as upcoming challenges and the best possible solutions that can be implemented. In terms of maximum security, reliability, performance and practicality. Electronic banking services are being used more and more by small and large organizations around the world, and electronic banking has become one of the most difficult computing tasks for a variety of reasons, including the fact that for payments The number of end users of this complex system is extremely high, financial transactions must be as secure as possible to prevent fraud, and the banking infrastructure involves many different technologies, such as smart cards, payment terminals, servers and networks. Frauds in banking system show an increasing trend. Misappropriation of assets/funds, innovation of latest technology, cybercrimes, and accounting frauds square measure in the main increasing. Rising of the foreign terrorist organization is additionally a significant issue being faced by the banks. Currently the time has changed and banks should be high alert and take a strict step against these in order to not lose the credibility. There should be transparency in the slightest degree level in organisation to scale back fraud. Therefore during this study an attempt has been made to grasp the idea of fraud and determine the explanation to beat this downside.","PeriodicalId":497985,"journal":{"name":"THE JOURNAL OF UNIQUE LAWS AND STUDENTS","volume":"46 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141232800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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