Vivekananda Journal of Research: Advisory Board

Vol.6 – Issue 2 July-December 2017 ISSN 2319-8702(Print)

ISSN 2456-7574(Online)
VIVEKANANDA JOURNAL OF RESEARCH
ADVISORY BOARD
Prof. S. C. Raina Prof. Mirza S. Saiyadain
Vice Chancellor Ex-Professor IIM Ahmedabad &
National Law University, Shimla Mc Gill University, Canada
Himachal Pradesh
Prof. R. K. Mittal
Mr. P. P. Rao Professor- USMS, Director Planning &
Senior Advocate Development
Supreme Court of India Guru Gobind Singh Indraprastha University
New Delhi
Prof. K. G. Suresh
Director General Prof. V. Sudesh
Indian Institute of Mass Communication Professor, University Law College
New Delhi Bangalore University
Dr. P. K. Das Dr. Sudesh Avte

Professor, IIT Guwahati, Assam President COPCONSULT,
Organising Vice Chairman JEE 2009 Formerly Executive Vice President Security
Mumbai International Airport
Prof. K. Parmeswaran
Professor, Gandhi Nagar National Prof. Devesh Kishore
Law School Professor Emeritus
India Today Media Institute (ITMI) Noida
Dr. Hamid Nemati
Chef Editor of IJISP Dr. S. Balamurugan
University of North Carolina, USA Director-Research and Development,
Mindnotix Technologies, Coimbatore,
Dr. Sanjeev Singh
Tamilnadu, India
Head – Institute of Informatics and
Communication, cluster Innovation Centre,
University of Delhi

Editorial Board
Editor
Dr. Vinay Kumar
Professor & Dean Research
Associate Editor
Dr. M. Balasubramanian
Professor & Associate Dean Research
Members of Editorial Board

• Dr. Pawan Whig
• Dr. Rashmi Salpekar
• Dr. Amit Channa
• Dr. Meenakshi Gandhi
• Dr. Anuradha Jain
• Ms. Shruti Nagpal
• Ms. Dimple Chawla
• Dr. Isha Narula
• Ms. Ankita Kumar Gupta
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Mr. Dalip Kumar, Registrar( M& SG )
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Editorial
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an ongoing endeavor in this direction since 2012 by Vivekananda Institute
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We would like to thank all the authors and reviewers for their Collaborative
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Great minds discuss ideas. It needs to be expressed in words to facilitate
exchange of ideas. VJR is committed to facilitate such great minds to share
their research ideas and research. With this broad objective, the editorial
board of VJR is presenting its latest issue Volume 6, Issue 2.
Dr. Vinay Kumar

Editor
Vivekananda Journal of Research
vinay.kumar@vips.edu

CONTENTS
Title of the Article Page No.
Judicial Law Making – How Far Can Judges Go? 1-16

V. Sudhish Pai
Orbital Debris: The Sad Side of Space Exploration 17-23

M. R. Rajesh Kannan
Circumstantial Evidence and Media Trial: Analysing Coverage of Investigation, 24-49

Prosecution, Conviction and Acquittal in Aarushi Talwar Case
Ambrish Saxena
Digital India: Vision of Complete Digitization 50-57

Kriti Dhingra and Kanika Dhingra
The Competition Commission of India: A Jurisdictional Approach & 58-68

Redress of Grievances of the Consumers
Faisal Ali Khan
Structural and Optical Properties of Vacuum Evaporated 69-74

Zinc Telluride Thin Films Annealing at Different Temperatures
K.Neyvasagam, P.Nagajothi and P.Pandi
The E-commerce Effect: Analysis of ‘Lenskart’ as Internet Marketing 75-82

Chanda Dewan and Shruti Nagpal
An Exploratory Study on the Impact of Demography on the Customer’s 83-96

Reasons of Preference For E-Banking
Deepak Trivedi and C P Gujar
Philosophy of Equality of Opportunity:Examination 97-121

in Light of the Indian Constitution
Sakshi Parashar
Comparative Analysis of Network Analysis Software Applications 122-133

Meenu Chopra and Cosmena Mahapatra

Understanding and Comparing the Readability of 134-155
Major Indian English Newspapers
Ritika Dubey
Impact of FDI on Indian Stock Market 156-171

Isha Narula
Performance Analysis of Robotic Wi-Fi using Android 172-180

Vibhor Kumar and Roma Bhatnagar
1
Judicial Law Making Vivekananda Journal of Research

July- December 2017, Vol. 6, Issue 2, 1-16
– How Far Can Judges Go? ISSN 2319-8702(Print)
http://www.vips.edu/vjr.php
V. Sudhish Pai
Abstract
Law making is in the domain of the legislature. However, in the

process of interpretation, judges also make law. But judge made law
is and has to be only minor and interstitial. Judicial legislation –
primary law making by the judiciary, issuing directions of that nature
or in the nature of policy making is of doubtful legitimacy and without
any jurisprudential or constitutional foundation. In the process many
constitutional limitations are breached. The judiciary incurs the
criticism of foraying into areas reserved for the other wings, leaving
people remediless, many times. It is a typical converse case of bills of
attainder-equally impermissible. While the Court acts in response to
the demands and expectations of society, judicial process and power is
not an answer to all problems. Any judicial order, however desirable
or welcome, has to be premised on sound legal reasoning and should
have visible legal support. That restricts judges to their proper role in
a constitutional democracy and marks off the line between judicial and
legislative powers. The best solution is the self-imposed limitation of
enlightened self-restraint by that wing that must define the limits of all
including its own.
Introduction
The onward march to modern constitutional polities saw the diversification of the
State’s functions. It is axiomatic that the three wings of the State perform different functions-
the legislature makes the law, the executive enforces it and the judiciary interprets it and
decides rights and disputes. This may be said to be conventional wisdom, but like most
* V. SudhishPai, Advocate, ‘Surakshan’, 152/18, 36th Cross,5th Block, Jayanagar, Bangalore 560041.
Email:vsudhishpai@gmail.com
2 Judicial Law Making – How Far Can Judges Go?
conventional wisdom this is only partly true. Judges also inevitably make law. How much
of it is legitimate and what is its legitimacy are questions not admitting of straight and sure
answers.
The operation of a statute is not automatic and can never be so. Like all legal rules,
it has to take effect through the interpretation of courts1. Interpretation is, therefore, a
search and discovery of a meaning which, however latent and obscure, has, nonetheless,
a real and ascertainable pre-existence in the mind of the legislature. Interpretation is the
method by which the true sense or meaning of the word is understood. The question of
interpretation can arise only if two or more constructions are sought to be placed on a
provision.
The aspiration to make power impersonal was the motivation for constitutions and
constitutionalism. All major features of modern constitutions had their origins in hard
fought struggles to call political power into account. Constitutionalism is an attempt to
establish the supremacy of law. The essence of constitutionalism is the submission of
politics to law; the essence of constitutional adjudication is to enforce constitutional law
vis-a-vis government. This implies judicial review of political acts including legislation.
Constitutional adjudication particularly is, necessarily and inevitably, political in that the
object and the effect of constitutional court decisions are political.
The role of the judiciary, particularly the superior judiciary invested with the power
of judicial review or constitutional review, cannot be over emphasised. The principle is
that all laws are to be tested on the touchstone of a higher law which in earlier times was
the natural law and the common law and whose place is now filled by a constitutional
document. The idea of judicial review is anterior to a written constitution.
The Israeli Supreme Court in a remarkable judgment in 1995 in United Mizrahi

Bank LtdvsMidgal Village2rightly said that judicial review is the soul of the Constitution
itself; the majority of enlightened democratic states have judicial review; the 20th century
is the century of judicial review. Judicial, constitutional review now appears to have been
accepted as an inherent characteristic of the constitutional state.
What obtains under a written constitution which is justiceable like ours is a limited
government – a government of enumerated powers with the judiciary constituted as the
guardian of the Constitution and the arbiter of all functions of all organs of the State. It
1 C.K. Allen- Law in the Making

2 HCJ 6821/93
V. Sudhish Pai 3
has been wisely and rightly said that every organ of the State derives its authority from the
Constitution and has to act within the limits of that authority. It is for the court to uphold
the constitutional values and enforce the constitutional limitations. This applies equally
to the courts also. Judicial review does not mean supremacy of the judiciary, but of the
Constitution. That is constitutional supremacy.
The fundamental distinction between judicial power and legislative power is well
settled and so recognised in all jurisdictions, both common law and civil law. Judicial
function is to decide upon the legality of claims and conduct, to determine what the law
is and what the rights of parties are with respect to transactions already had. Legislative
function is making the law to govern new controversies; it prescribes what the law shall
be in future cases arising under it. The former concerns past and present transactions; the
latter governs the future.
“It is only the political department of the Government that has the privilege of
considering the abstract justice and equity of its acts. Justice and equity for the courts mean
merely conformity to law, and one might easily fail to realise how radical a departure from
Anglo-Saxon methods it is to leave the determination of them in any other sense to the
judges. It is throwing away the fruits of a victory, which it took a thousand years to win,
and abandoning the attempt to secure a government of laws and not of men.”
Judicial Law Making
In the process of interpretation and in deciding issues, judges, no doubt, make law.
The power of the courts to determine what the law is, if unwritten, or what it means, if
written, vests in them an authority which in effect, whether or not in form, is a law making
one. It may be said that there are broadly three ways in which judges make law through the
exercise of judicial function:
i) By interpreting an ambiguity or contradiction in a statute;

ii) By gradually giving meaning to deliberately vague terms in statutes by a succession
of interpretative decisions; and
iii) By declaring the content of the common law.
This is the power which courts have claimed and exercised in all free governments
of formulating from a few maxims or general principles a vast, flexible, complex, yet
elaborate system of law. This kind of judge made law consists of rules drawn by the judges
from the customs and usages of the people which are crystallised by them into substantive
law in the form of decisions. The decision then is the real and definite expression of the
court’s legislative function and is, in a sense, an outgrowth of administering justice itself.
This has always been recognised as part of the judicial power and judicial process, both
in the common law tradition as also in the civil law jurisdiction and is considered wholly
legitimate.
The necessity for this arises when unforeseen circumstances come up and when
there is a law in existence which courts can stretch to apply to such cases and they do it.
In course of time the law becomes so much changed. The doctrine of ultra vires (in the
law of corporations) furnishes one of the best examples of judicial law making – whatever
is unauthorised by the real intent and spirit of the law creating the corporation, the courts
hold it to be impliedly prohibited by the rule of statutory construction.
Sometimes interpretation of a statute involves fitting the new statute into the old,
chipping the new or old a little or filling in some mortar. A court’s legislative function
also arises when legislatures understand or expect that the courts will import content into
the generalisations as the statute is applied. The courts will be making law whenever they
extend a statute to reach the unprovided case, interpret to clarify and apply an enactment,
reconcile the conflicting values reflected in statutes in parimateria or add a gloss to
constitutionalise legislation or decide a case by refusing to do any of these things. This
provides for flexibility which is the prime virtue of the common law. Judges also make law
as they define the common law and declare its content.
This kind of judge made law is brought about and exists in the sense that judges by
interpretation, by changing their views, by overruling earlier decisions make law. The law
is moulded and sometimes changed by this process. The common law, in its eternal youth,
grows to meet demands of society. This kind of creativity and innovation is nothing new.
Learned Hand put it picturesquely that the whole of the common law has been fabricated
like a coral reef, each judge a builder contributing his few bricks and a little mortar.
Cases like RylandsvsFletcher3(strict liability), DonoughuevsStevenson4(duty of

care),RvsR5(marital rape) are only some of the telling examples. In India we have the
sterling example of judicial creativity –Mahmood, J. enunciating the essentials of natural
justice and the consequences of its non-observance. He held, in a dissenting judgment, that
a criminal appeal against conviction could not be decided without hearing the imprisoned
3 [1868] LR 3 HL 330
4 [1932] AC 562
5 [1992] 1 AC 599
V. Sudhish Pai 5
accused, either in person or through his lawyer, and without that requirement being
satisfied, the appeal could not be treated as heard.[see:Queen EmpressvsPophi6]. It is many
decades thereafter that we heard Gideon’s trumpet blow in America echoing the same idea
and sentiment. Vivian Bose, J. held that a forest officer was engaged in a commercial
activity of the State and could not claim the defence of sovereign immunity in a case of
tort committed by him [see:Secy of StatevsSheoramjee7].Again Ratlam Municipality case8
is a shining example of how existing legal provisions were made meaningful and put to
effective use by judicial innovation.
All this happens depending on how perceptions change and the courts respond to
the felt necessities of the time and the people. In this context, it is wise to recall Seervai’s
admonition that responding to the felt necessities is alright for great judges but the idea can
be disastrous in the hands of lesser men. This kind of judge made law is, of course, subject
to legislative oversight - of being overruled by the legislature by enacting a new law. It
is thus subject to correction by popular sovereignty – the people who elect legislators can
influence and have the law changed. That is the theory in any case.
Constitutional Interpretation- Constitutional Adjudication: Nuances and Limits
And then you have judicial law making in constitutional interpretation and
adjudication. By constitutional interpretation as in other areas the court nudges the law a
little forward. This again is on a case - to- case basis - filling the gaps, carrying the law a
little further. We have, for instance, how the concept of ‘state’ in Article 12 was widened,
how Arts 14 and 21 were interpreted breathing new life and content into them. Judicial
review in the area of constitutional law or constitutional adjudication institutionalised a
process which may be called judicial constitution making.
One cannot forget or overlook the criticism that judicial activism will sometimes
result in democratic debilitation. When a society leaves all or its important decisions to the
judiciary it misses the excitement of democracy and of sorting out things by the democratic
process. But, all this law making is, to an extent, inevitable. The point is that when the
court considers a constitutional issue, whatever it decides, even when it decides to do
nothing, that decision will make law.
In refreshing its approach to the grand governmental plan of the Constitution, ‘the
6 (1891) ILR 13 All 171
7 AIR 1952 Nag 213
8 AIR 1980 SC 1622
Court bows to the lessons of experience and the force of better reasoning, recognising that
the process of trial and error, so fruitful in the physical sciences, is appropriate also in the
judicial function.’[Brandeis, J. in BurnetvsCoronado Oil& Gas Co9].As Prof. Laurence
Tribe has said the invisible constitution floats in a vast, deep ocean and crucially and
invisibly in an ocean of ideas and experiences. And it is only in the depths of that ocean
that the Constitution finds its true meaning. It is by judicial interpretation that many times
you breathe life into the Constitution or the law. Constitutional law cannot be confined
to the mere words of the Constitution disregarding the gloss which life has written upon
them. The court’s fidelity to the Constitution secures its own subordination. But fidelity
and creativity are not necessarily antagonistic; they may with devoted insight enhance one
another.
Questions of great import remain. When is judicial law making inappropriate

and when isit not only appropriate but essential. Judicial law making gives life to the
generalised principles and is essential to the operation of the constitutional system. “The
ultimate objective of the doctrine of separation of powers is a synchronised limitation of
function without paralysing action.”
Judges do and must legislate but they do so only interstitially, they are confined
from molar to molecular motions, as famously said by Justice Holmes. Judicial law making
in this sense is only minor. The law makers have put in place the major architectural
features which judges preserve, adding only filigree. The limits for the judge are narrower,
he legislates only between the gaps, he fills the open spaces in the law, cautioned Justice
Cardozo and he went on to say, “They (judges) have the right to legislate within gaps, but
often there are no gaps. We shall have a false view of the landscape if we look at the waste
spaces only, and refuse to see the acres already sown and fruitful. I think the difficulty
has its origin in the failure to distinguish between right and power, between the command
embodied in a judgement and the jural principles to which the obedience of the judge is due.
Judges have, of course, the power, though not the right, to ignore the mandate of a statute
and render judgement in spite of it. They have the power, though not the right, to travel
beyond the walls of the interstices, the bounds set to judicial innovation by precedent and
custom. Nonetheless, by that abuse of power, they violate the law.”10
Done wisely and with necessary circumspection, judicial law making within limits
is both laudable and legitimate. But in the guise of interpretation the court cannot seek to
the rewrite a provision, however tempting it may appear. Such instances are not wanting.
9 285 US 393,407-8 (1932)
10 Cardozo- The Nature of the Judicial Process-pg 129
V. Sudhish Pai 7
What immediately comes to mind are II Judges’ case11and the NJAC case12 where the Court
indeed re-wrote (not interpreted) the provisions.
There is also the theory floated by some that the Court interprets the Constitution
according to the needs of the people. This is a daunting task and a slippery slope. It would
precisely be what Thomas Jefferson called the despotism of the oligarchy. The needs of
the people are for the elected representatives to address and respond. Courts have neither
the legitimacy nor the wherewithal to do that. Then there is no end to which things can go.
Indeed we see the trend. Nothing can be more harmful to the integrity of the law and the
system.In a critical reaction a scholar referred to this kind of activism and interpretation as
‘the sovereignty of the courts in their superintendence over a society.’13
How appropriate is Justice Frankfurter’s felicitous remark, ‘The court is the brake
on other men’s actions, the judge of other men’s decisions. The successful exercise of such
judicial power calls for a rare intellectual disinterestedness and penetration, lest limitations
in personal experience and imagination operate as limitations of the Constitution’.
Predictability and certainty are required of judicial decisions. Courts administer justice
according to law. Genuine desire to do justice in individual cases can have disastrous
consequences. While there may be no unanimity on the source, scope and limits of judicial
power, particularly in the area of constitutional adjudication and law making, there is no
gainsaying that it is essential. The genius is to find the limits. In the art of creativity, in
the delicate balancing between creativity and fidelity, in choosing where to draw the line,
lies the wisdom and the genius of the judge. Constitutional adjudication is and has always
to be statecraft.
It is also a fact that the exercise of judicial power is at times legislative in nature.
There is, however, a fine distinction between what is legislative and what legislation is?
Similarly the distinction between judicial law making and judicial legislation has to be noted.
Scholars and writers have sometimes used these expressions loosely and interchangeably.
That may not be safe or correct.
Judicial law making is the process by which judges make law in the course of
deciding cases by interpretation and declaration. This is done to fill the gaps, interstitial
law making. This will bind the parties to the lis. The law declared will apply to others
only in future. What happens if it also binds retrospectively those who are not parties and
11 (1993) 4 SCC 441

12 (2016) 5 SCC 1
13 E.Levi: The Sovereignty of the Courts
whose vested legal rights are divested? These days the court makes declaration which
upsets past transactions affecting persons not before court and rendering them remediless.
This is virtually an exercise of full-fledged legislative power which the court undertakes
without having the wherewithal for that exercise. This incurs the criticism of bordering on
retrospective expropriation without recourse to procedural safeguards of the rights of the
affected.
Judicial Legislation –Legitimacy
Judicial legislation is primary law making by the judiciary. The most vexed
question is whether court can undertake primary legislative activity. In other words can
the judiciary make a law where none exists? How far is such exercise legitimate and
authorized?
In India we have typical case of Vishaka14. There is no legislation on the topic. The
Court, after referring to various international covenants and taking note of the absence of
domestic law occupying the field, issued several directions to hold good till the legislature
made a law governing the matter. It is a classic instance of pro-tem ad-hoc judicial
legislation. There can be no two opinions that it was most laudable and welcome. It
answered a pressing human rights situation. But the question is about the source of such
power. It is well accepted that the court takes note of international treaties and conventions
especially those touching human rights and fundamental freedoms and if there is no conflict
with the municipal law, adopts and adapts them in the interpretation of domestic law. But
that is very different from doing a codifying exercise.
In Vishaka15 and VineetNarain16and the cases following, it was posited, ‘that there
are ample powers conferred by Art 32 and Art 73 read with Art 142 to make orders
which have the effect of law by virtue of Art 141 and there is the mandate of Art 144
for all authorities to act in aid of the orders of the Supreme Court; that it is the duty of
the executive to fill the vacuum by executive orders because its field is co-terminus with
the legislature and where there is inaction even by the executive for whatever reason the
judiciary must step in, in exercise of its constitutional obligations to provide a solution till
such time as the legislature enacts proper legislation to cover the field.’
This reasoning and justification for judicial legislation is a constitutional

14 (1997) 6 SCC 241
15 Supra 14
16 (1998) 1 SCC 226
V. Sudhish Pai 9
conundrum. There does not seem to be any source of power for the courts to undertake
primary legislation. The proposition that when there is no law the executive must step in
and when executive also does not act, the judiciary should do so, is tenuous. Executive
power is co extensive with legislative power. If the field is un-occupied by law it is open
to the executive to fill the gap. But there is no warrant that by virtue of those provisions
the courts can come in and legislate. The argument that the larger power of the court to
decide and pronounce upon the validity of law includes the power to frame schemes and
issue directions in the nature of legislation is equally untenable.
This is typically the converse case of bills of attainder. Legislative determination

of disputes/ rights has been held to be illegal and impermissible. Ameerunnisa17, Ram
Prasad Narayan Sahi18, and Indira Gandhi19are some of the telling cases. By the same
logic and reasoning judicial legislation which is judicial determination of policy and law
is difficult to be sustained and justified jurisprudentially. Indeed the profound observation
in Indira Gandhi’s case puts the matter in the proper perspective. “It is one of the basic
constitutional principles that just as courts are not constitutionally competent to legislate
under the guise of interpretation so also neither Parliament nor State Legislatures perform
an essentially judicial function. .....None of the three constitutionally separate wings of
the State can, according to the basic scheme of our Constitution today, leap outside the
boundaries of its constitutionally assigned sphere or orbit of authority into that of the other.
This is the logical meaning of the supremacy of the Constitution.”(perBeg,J.)
Lord Devlin’s comment comes to mind: ‘The British have no more wish to be governed
by judges than they have to be judged by administrators’. Profound truth!Furthermore even
assuming the proposition in Vishaka to be sound in cases where fundamental rights are
engaged, in areas where no fundamental right is at stake, the reasoning and the proposition
will break down. All claims by the Court regarding the power to make plenary legislation
appears to be nothing more than mere ipse-dixit. It is really begging the question. The well
spring of power for such actions by the judiciary remains elusive like the Holy Grail. There
is no support for this in the Constitution or the law, there is no jurisprudential foundation
for the exercise of such power. One recalls Sydney Harris’ statement: Once we assuage
our conscience by calling something a ‘necessary evil’, it begins to look more and more
necessary, and less and less evil.
17 AIR 1953 SC 91
18 AIR 1953 SC 215
19 AIR 1975 SC 2299
To quote what Lord Denman,CJ said long ago in RvsO’Connell20such decisions/
actions would be really ‘law taken for granted.’“A large portion of that legal opinion,
which has passed current for law falls within the description of ‘law taken for granted.’...
When in pursuit of truth we are obliged to investigate the grounds of the law, it is plain
that the mere statement and restatement of a doctrine-the mere repetition of the cantilena of
lawyers, cannot make it law unless it can be traced to some competent authority, and if it
be irreconcilable to some clear legal principle.”
This is nothing to say about the need and the desirability of such measures. The
question is one of legitimacy and propriety. Robert Bork’s profound statement comes to
mind: “... the desire to do justice whose nature seems obvious is compelling, while the
concept of constitutional process is abstract, rather arid, and the abstinence it counsels
unsatisfying. To give in to temptation, this one time, solves an urgent human problem;
and a faint crack develops in the American foundation. A judge has begun to rule where
a legislator should.”
Prof Allen’s insightful enunciation21 is worthy of recall:
“He(the judge)is always working with materials which exist in the present or the
past...He cannot, however much he may wish to do so, sweep away what he believes to be
the prevailing rule of law and substitute something else in its place.
The legislature has an entirely different opportunity in ‘making’ law. It is not

confined to law in the present or the past, but may do as it wills with the future. Though it
is true that it frequently works upon existing and even ancient material (e.g. in codifying
statutes) it can ‘make’ new law in a sense which is quite precluded to the judge. It legislates
where the judge interprets.
...Mankind, with all its resources and inventiveness, is limited in its creative power
by the physical material vouchsafed to it. Similarly the creative power of the courts is
limited by the existing legal material at their command. They find the material and shape it.
The legislature may manufacture entirely new material.”
In the process of the new found tendency to legislate or pass orders/directions which
have that effect, many other constitutional limitations are breached, for eg, distribution of
powers, federal structure. The court may pass orders amounting to legislation on topics in
all lists, virtually acting as a super legislature. Actions –executive and legislative- are tested,
20 (1844) 5 St Tr (NS)1 871
21 Supra FN 1
V. Sudhish Pai 11
corrected and remedied by the judiciary. But judicial action which sometimes partakes of
both executive and legislative functions leaves one aghast.
To ensure constitutional governance is part of the duty and function of the judiciary.
In that sense judicial review and judicial activism is a duty. But this should not degenerate
into private benevolence and the judges’ personal opinions and preferences should not be
raised to constitutional principles. It is to be remembered that it is for the government
to govern; it is for the judiciary to check and ensure that the government is governing
lawfully, but not whether it is governing wisely and well. Courts are concerned only with
the legality and constitutionality of any action-legislative or executive-not with its wisdom
and efficacy. ‘Unconstitutionality and not unwisdom is the narrow area of judicial review.’
If the courts were to test not only the legality of any action, but also its correctness and
wisdom, then the law maker and the administrator would have to be endowed with the
power of prophecy to foresee what the courts are likely to uphold at a future date. For the
removal of unwise measures appeal lies to the ballot box and the process of democratic
government, not to the court.
Public interest litigation was originally conceived as a jurisdiction firmly grounded in

the enforcement of basic human rights of the disadvantaged unable to reach the court on their
own. This judicial activism in dispensing social justice has, over the years, metamorphosed
into a correctional jurisdiction that the superior courts now exercise over governments
and public authorities. The people of India seem to have become accustomed to seeing the
Supreme Court correcting government action in even trifling matters which should not be
its concern. These micro managing exercises are hung on the tenuous jurisdictional peg
of Art 32 read with Arts 21 or 14 and Art 142. No legal issues are really involved in such
matters. The Court is only moved for better governance and administration and it does
not involve the exercise of any judicial function. Art 142, it should never be forgotten, is a
source of power only for doing complete justice in the cause or matter before it. That power
is bounded by the requirement that the Court act within its jurisdiction and it should be
exercised in accordance with law. It is not a source of unlimited power, not a carte blanche
for the Supreme Court to implement what it considers its vision of justice, regardless of
concerns of legitimacy and institutional competence and prestige.
The authority of the courts rests upon the public belief that courts apply law and
not emotion or passion. But when judicial activism spans into areas not marked for courts,
judges try to frame doctrine to dispose of matters on what sound as legal grounds. The
case gets over, the doctrine remains. Lawyers and lower courts will rely upon it and new
cases will be decided in accordance with it. As the doctrine was created in the first place to
achieve something that the existing law or legal principles did not permit, judicial power
will have expanded to yet new area. Decisions are precedents; doctrines created are applied
to new cases and what may very likely begin as an attitude of ‘let us do it this one time’
grows into and becomes a distortion of constitutional government. That indeed is the danger
of unbridled judicial activism or expansionism which will tend to become judicial despotism
undermining the neat but delicate constitutional balance.Thatis what courts must wisely
avoid and resolutely set their face against.
Any support or justification for a constitutional adjudication and even more for
judicial legislation will have to be premised on sound legal reasoning. It cannot be sought
to be justified for the reason that it produces welcome and desirable results. If that is done,
law will cease to be what Justice Holmes named it, the calling for thinkers, and become
merely the province of emoters and sensitives. It then becomes a process of personal
choice followed by rationalisation; the major and minor premises do not lead to a result,
but the result produces the major and minor premises. This is a reversal of the process –
virtually making the concept of constitutional adjudication stand on its head. This results
first, premises to follow form of legal reasoning, if one may ever call it that, is to law
what Robert Frost called free verse, “tennis with the net down”. Then naturally there are
no rules, only passions. Legal reasoning rooted in a concern for legitimate process rather
than desired results restricts judges to their proper role in a constitutional democracy. That
marks off the line between judicial power and legislative power.
The not so comfortable results of adopting an interpretative model of judicial

review do not make any satisfying arguments for constitutional adjudication to be anything
different. First, one must consider the question of the wisdom and prudence of leaving
to the judges this great power undefined and uncanalised. Arguments about institutional
competence and the general propensities of judges become significant and relevant. But
even more important is the jurisprudential question of lawful authority.
The summons to a better understanding of these issues presses for an answer.
Nature abhors a vacuum and the inaction of the legislative and executive wings
creates pressures for judicial action which is quite tempting. Such judicial action may
also win public acclaim and acceptance. But something more precious and vital is at
stake. It is the survival of the fundamental constitutional system. Neither popular acclaim
nor criticism can answer the long term issue of the appropriate legislative role of the
judiciary and the desirable limits on the scope of such power and action. More paramount
V. Sudhish Pai 13
considerations must be decisive.
Power is of an encroaching nature, wrote Madison in The Federalist. That is true of

all power, judicial power is no exception. One has to be on the guard always because many
times everything remains seemingly unchanged; and it is then that you have to be aware
of the changes, however slight, lest you are unwittingly overtaken by the imperceptible
change.
While the precise boundaries of the adjudicative techniques are flexible rather
than fixed, if they are abandoned entirely the judge loses credibility as a judge. With the
credibility of the other branches being in despair, we cannot afford any depreciation in the
judicial currency. General acceptance of the authority of law is a necessary bulwark of
our otherwise fragile socio-economic order. If the courts by overextension, and perhaps
consequent failure, contribute to our growing sense of desperation the situation will be
gloomy. When a people despair of their institutions, force arrives masquerading as ideology.
Public law ought in principle to respect conventional limitations on judicial activism

because they are critical to the functioning of a democratic state. It is also necessary to bear
in mind that judicial activism does not generally thrive in the face of a vigorous political
process. As long as societal tensions could find release and satisfaction by a prompt grouping
of the geo-economic interests, politics and its process prevail. In the U.S it was doomed
when the passions of the Civil War and Reconstruction paralyzed it. Problems then had
to be resolved on another place which provided an entry for judicial mediation on a grand
scale. Between 1866 and 1937, the U.S Supreme Court struck down 76 Congressional
measures and emasculated many others. The lesson of this period is that a political vacuum
is a hotbed for judicial activism and law making. It is a fact that courts work and apply
the law not in the vacuum of intellectual dexterity, but to the hard and mundane realities.
The hydraulic pressure of great events do not pass judges idly by. Even so there is the
desideratum that all judicial actions and decisions should have visible legal support and rest
on sound jurisprudential basis.
It is worthwhile referring to Prof. Wade’s letter to Sir Robin Cooke, later Lord
Cooke of Thorndon:“The academic wants everything clear and sharp and logical and in
accordance with principle. The judge, on the other hand, always wants to have a way of
escape so that he cannot be driven into a corner by ruthless logic and compelled to decide
contrary to what he wants. I am sure this is a sound instinct for the administration of
justice, but I am by my cloth obliged to protest when blurring becomes woolly thinking and
blasphemy against basics.”
Post Facto Declaration of Law Binding Third Parties and Remedies
One of the most important and vexed problems is what happens when because of
judicial decisions, judicial law making or judicial legislation, call it what you may, but an
act of court in any case, the rights of persons who are not before the court are adversely
affected. Are they remediless? If so, that will be a great bane and an affront to the rule of
law which courts so emphatically profess.
There are decisions which annul State actions virtually leaving third parties high
and dry. These judgments, quite often, do not anticipate and take note of various other
statutory provisions. They adversely affect third party interests. A bonafide purchaser for
value (from an ostensible owner) is a great favourite of the law. But these rights are
sometimes swept away by judicial decisions, by a side wind as it were.
A curative petition envisaged by Hurra22pronouncement appears to be a remedy:

when the curative petitioner was not a party to the lis and the judgment affected his interests-
this could be a fundamental right or any other right- the petitioner has been held entitled to
relief ex-debitojustitae. But this may not be really sufficient.
Some decisions trench upon and violate fundamental or other rights of persons not
before court. This is an unwelcome and dangerous situation. The proposition that judicial
orders cannot violate fundamental rights, perhaps, needs a revisit. Justice Hidayatullah’s
commendable dissent in Mirajkar23appeals better to one’s sense of justice and stands on a
firmer ground. Not providing an effective remedy, adequate and meaningful, to remedy
such genuine grievances may mean denial of justice engendering despair and be a recipe
for chaos.
Epilogue
Essential to the whole process is the wisdom of the judges and the public perception
of legitimacy in their functioning. The legitimacy of the judicial process, as Archibald Cox
points out, lies in the wisdom and moral force of great judges, procedural fairness and
regularity. It is the all-important but fragile faith that courts apply to current constitutional
controversies, a continuing body of law, ie, a set of governing principles that have a
separate existence and command an allegiance greater than that due to any individual
merely by virtue of office or personal prestige.
22 (2002) 4 SCC 388

23 AIR 1967 SC 1
V. Sudhish Pai 15
The judiciary fulfils an important role acting as an auxiliary precaution against the
abuse of governmental power and excesses of majoritarian democracy. Judicial review
provides the sober second thought of the community – that firm base on which all law
should rest. But there is need to recognise that judicial power and process also have their
limitations. The attitude of judicial humility and restraint is not an abdication of the judicial
function; it is a due observance of its limits.
Government is man’s unending adventure. Constitutional choices have to be made.

No system is perfect. Some free play in the joints is necessary and legitimate. The actual
unfolding of democracy and the working of a democratic constitution and institutions
under it may suffer from inadequacies and imperfections. But all that cannot be sought
to be addressed and redressed by judicial drafting or re-drafting of legislative provisions
or formulation of policy. There is valid reason and justification as to why law making,
formulation of policy and laying down principles and guidelines for exercise of rights and
imposition of liabilities should be left to where it rightly belongs- the legislatures consisting
of elected representatives of the people. Judges are not elected and have no constituency to
which they are accountable.
A German scholar Prof Karl Doehring has thoughtfully stated: “If one accepts the
existence of unfettered justiciability of all legal questions, there is a danger that we will
not have a government of law but a government of judges. Then there is no escape, only
the hope that we have excellent judges, and then we must ask how to obtain such judges.”
The courts will have to win public acceptability and esteem by exacting high
standards of professional competence and moral integrity. As the late lamented Justice
Khanna always reminded us, echoing the sentiment of Justice Holmes, the courts like every
other human institution must earn reverence through the test of truth.
It is difficult to find an answer as to how the nation has to cope with such uncon-
stitutional assumption of power. Any suggested remedy is perhaps worse than the malady.
The problem with all suggestions to counter the Court when it behaves unconstitutionally
is that they would create a power which may tend to destroy the Court’s essential work
which is vital in a constitutional democracy. The only safeguard against the excesses or
abuse of power is the building of a consensus of how judges should behave and conduct
themselves in their work, a consensus which by its intellectual and moral force, disciplines
those who are subject, and rightly so, to no other discipline.The best and complete answer
is the self-imposed discipline of enlightened judicial restraint which we have a right to ex-
pect from the organ of the State that must define the limits of all organs including its own.
One need not be too disconcerted by the various pulls and pressures tending to
upset what one believes to be an ideal constitutional balance. No single institution is
even remotely supreme. Some struggle and tension do arise. Reciprocal influence is a
continuing process.
In the field of constitutional law the delicate balance between the various institutions
whose sound and lasting quality Dicey in The Law of the Constitution likened to the work of
bees while constructing a honeycomb is maintained to a large degree by the mutual respect
which each institution has for the other.This is as much a prescription for the future as it
was for the past, profound and relevant everywhere.
17
Orbital Debris: The Sad Side Vivekananda Journal of Research

of Space Exploration ISSN 2319-8702(Print)
M. R. Rajesh Kannan
Abstract
Ever since, mankind started exploring the space, there have been
several rocket launches and experiments. This has helped in scientific
and technological developments. Though, mankind has exploited the
space technology for useful purposes, there exists a bad side, which is
threatening the entire spacefaring nations. Orbital debris, the objects
in space which are man-made, i.e, defunct spacecraft, rocket bodies
and associated objects is increasing and possess collisional threat to
the operational spacecrafts.This article gives an overview on Orbital
Debris, its impact on space operations, active debris removal and
international cooperation.
Keywords: Spacecrafts, Orbital Debris, Space Debris, Mitigation,

Orbits, Collision
Introduction
Mankind has been fascinated by exploring the uncharted territories, using the
technological advancements to the best possible extent. In the mid of 20th century, outer
space became the venture for exploration. Space, being the final frontier, has credited
several advantages to the Earthlings. Spacecrafts help in remote sensing, navigation,
communication, meteorology and inter-planetary exploration. In present scenario, it is very
difficult to even imagine anhour, without spacecraft technology. Spacecrafts have become
an indispensible tool to make our life comfortable and updated. This makes the spacefaring
nations to launch more spacecrafts to the Earth bound orbit.
* M. R. Rajesh Kannan, Scientist/Engineer – SD, Master Control Facility, Indian Space Research
Organisation, Hassan, Karnataka. Email: rajesh@mcf.gov.in, rajeshphy1727@gmail.com
18 Orbital Debris: The Sad Side of Space Exploration
Spacecraft Orbits
Space is defined as the region, 100 km above Earth, where an object can stay in
stable orbit, without atmospheric disturbances. Earth bound spacecraft orbits are classified
as Low Earth Orbits (LEO), Medium Earth Orbits (MEO), Highly Eccentric Orbits (HEO)
and Geosynchronous Orbit (GSO). The orbital height of LEO spacecrafts, from the surface
of Earth is 200 km to 2,000 km, is most widely used for remote sensing applications. MEO
(Altitude: 2,000 to 30,000 km) spacecrafts are used for navigation purpose.
HEO spacecraft’s are used by high latitude regions for communication applications
and the orbital height varies from600 to 40,000 km, in an orbital period. Geosynchronous
orbit exists at an altitude of 35,786 km. A special type of GSO is Geostationary orbit
(GEO) which is circular and coincides with equatorial plane, is very much useful for
communication and meteorological applications, since it always stays positioned above a
same longitude and there is no relative motion with respect to user terminals.
Artificial Debris
Space Era started on 4th Oct 1957, marking the launch of first man-made object
“Sputnik-1” is considered as one of the greatest human accomplishments of the last century.
Since then, there are several missions undertaken by several nations for scientific and
technological developments. Latest database (as of April 2017) from US Space Surveillance
network shows that there are 18,437 man-made catalogued objects revolving around Earth.
Out of these, only 4,434 are operating spacecrafts, remaining 13,913 objects are used
rocket bodies and defunct spacecrafts termed as Orbital debris.
The term “space debris” is used for both the natural (meteors, asteroid dust, etc.)
and artificial objects. Orbital debris refers only to the artificial objects, which are, non-
operational spacecrafts, rocket parts or stages used to launch a spacecraft which remains in
space, spacecraft parts due to fragmentation or explosion or collision, and objects left by
astronauts during spacewalk sessions.
M. R. Rajesh Kannan 19
Figure 1. Computer Generated Image of Orbital Debris in different Orbital

regime(Courtesy: Wikipedia)
Table 1.
Summary of Space Objects database as of 4th Aprill 2017
(Adopted from Orbital Debris Quarterly News Vol 21, Iss. 2)
Country/ Rocket Bodies &

Payloads TOTAL
Organisation Debris
China 235 3566 3801
CIS 1508 4993 6501
ESA 74 60 134
France 62 470 532
India 79 113 192
Japan 162 94 256
USA 1513 4504 6017
Other 801 113 914
TOTAL 4434 13913 18347
Figure 2. Graph showing the number of objects and its classification present in space
(Courtesy: Orbital Debris Quarterly)
A comprehensive list of major intentional and accidental events that took place in
space is as follows,
• Anti-satellite weapons test carried out by US and Russia during 1960-1970s

• Release of thin copper wires as part of a radio communication experiment during
the MIDAS missions in the 1960s
• Cerise (French) microsatellite in LEO, was hit by fragments of an Ariane-1 H-10
upper-stage booster (24 July 1996)
• Express-AM11 (Russia) communications satellite was struck by an unknown object
(29 March 2006)
• Feng-Yun 1C Anti-Satellite Test during January 2007 alone increased the trackable
space object population by 25%
• In-orbit collision between Iridium 33 (USA) and Kosmos-2251 (Russia) on 10
February 2009, at 776 km
• A small fleck of paint impacted Challenger’s (USA) front window and created a pit
of 1 mm
• Solar panel damage on Copernicus Sentinel-1A (ESA)due to debris impact on 23
Aug 2016
Figure 3. Image showing (Left: before impact, Right: after impact) damage on Solar
Panel of Copernicus Sentinel-1A (Courtesy: ESA)
Debris Impact
In LEO, the objects travel at a typical orbital velocity of 10 km/sec, a particle of 1

cm diameter with such hypervelocity could cause catastrophic damage to the spacecraft, if
their orbital paths intersect and collision happens. Moreover, if an accidental explosion of
final stage of a launch vehicle, which was used to inject a spacecraft, takes place; it could
generate several debris objects with different velocities. These objects possess significant
threat to the operational spacecraft.
Re-entry and Graveyard Orbit
Occasionally, the debris in LEO decay into Earth’s atmosphere and burns up. This
is mainly due to atmospheric drag acting on these objects, which reduces its orbital height.
Mir space station, whose mass is 1,20,000 kg; is the largest object, till date to re-enter.
Such re-entry events naturally, reduce the number of objects and remove the object from
space. The decay times vary depending on different altitudes and spacecraft characteristics.
For example, the decay times of objects at an altitude of 250 km, 600 km and 850
km has been estimated to be 2 months, 15 years and centuries respectively. For objects in
MEO or GSO, re-entry due to orbital decay is not possible, since atmospheric drag is not
present, and hence they are moved to a graveyard orbit, once spacecraft reaches end of
services. At graveyard orbit these objects stay forever.
Debris Tracking
The objects in different orbital regime are being detected, tracked, identified and
catalogued by space surveillance network spread across the different locations on Earth.
These network stations rely on radar and optical methods to track the space objects.Radar
methods are predominantly employed for detecting and tracking LEO objects whereas
optical telescopes are used for GEO. The collected data is used to predict any possible
collision event in future. Using this, spacecraft operator can decide or undertake actions
on an operating spacecraft. In general, collision avoidance maneuvers will be planned
and executed using on-board thrusters. International Space Station (ISS) undergoes such
collision avoidance activities to protect the astronauts and the space asset.
International Coordination
United States Strategic Command (USSTRATCOM), publishes the orbital elements

of the space objects, both active and inactive spacecrafts, based on radar and optical
network observations in public domain website www.space-track.org. Using this, any close
encounter to an operational spacecraft can be identified. Regular collision or close approach
alerts are being generated and distributed also.
Inter-Agency Space Debris Coordination Committee (IADC) has devised certain

guidelines to the space faring nations to minimize the debris population. The highlights of
the recommendations are,to reduce the fragments during launch, to passivize the rocket-
body or spacecraft after its life, re-orbit the used spacecrafts to graveyard orbit, and reduce
the probability of accidental collisions.
Debris Removal
There are several active debris removal strategies being proposed by the researchers
in this field. It mainly involves removing the objects in space using active methods like,
capturing followed by re-entry, attaching a propulsion module to the debri object which
aids re-entry, using a net to collect debris cloud, deployment of electro-dynamic tether or
solar sail, Laser ablation, etc. It is worth mentioning here, Japanese Space Agency (JAXA)
has recently (December 2016) launched a Spacecraft named Kounotori-6, and attempted
deploying, 700 meter electro-dynamic tether, but failed. Similar, active debris removal
missions are being studied and proposed by other space faring nations also.
Figure 4. Artistic impression showing the ESA’s e.deOrbit mission to capture a defunct
spacecraft (Courtesy: ESA)
Conclusions
In recent scenario, the man-made fuss in space, the orbital junks, has raised
international concern both scientifically and economically. Mitigation measures and
remedies, through effective collaborationshave to be implemented and followed, to ensure
safe and fruitful space activities, for the benefit of future generation.
References
[1]. Orbital Debris Quarterly News, Volume 21, Issue 2, May 2017
[2]. Williamson M, Space: The fragile frontier, AIAA, Virginia, 2006.
[3]. Chartrand M R, Satellite Communications for the non-specialist, SPIE, USA,
2004, p.149-151.
[4]. Verker R, Grossman E, Eliaz N, Gouzman I, Eliezer S, Fraenkel M and Maman
S, Protection of materials and structures from the space environment, Editor: J I
Kleiman, Springer, 2006.
[5]. Cambell B A and McCandles S W, Introduction to Space Sciences and Spacecraft
applications, Gulf Publishing Company, Texas, 1995, p. 99-100.
[6]. https://en.wikipedia.org/wiki/Space_debris
[7]. https://directory.eoportal.org/web/eoportal/satellite-missions/o/orbital-debris
24
Circumstantial Evidence and Vivekananda Journal of Research

Media Trial: Analysing Coverage ISSN 2319-8702(Print)
of Investigation, Prosecution, ISSN 2456-7574(Online)
Conviction and Acquittal in http://www.vips.edu/vjr.php
Aarushi Talwar Case
Ambrish Saxena
Abstract
In criminal law, evidence is of two types – direct evidence and

circumstantial evidence. During trials, courts mostly bank on direct
evidences which include physical evidence, documentary evidence
and/or testimony of witnesses. Direct evidences are enough to mail an
accused or to acquit him/her. But in certain cases, police fail in collecting
direct evidences, so the prosecution has to depend on circumstantial
evidences. Such evidence can be defined as indirect evidence that helps
to establish the guilt or innocence of a defendant through reasoning.
Trial court faces the tough challenge of admissibility of circumstantial
evidences. Media is also trapped between direct evidences and
circumstantial evidences while reporting trial in a criminal case. In the
wake of insufficient direct evidences, investigators, prosecutors and the
court look for circumstantial evidences. Media not only follows the same
path but attempts to cook up the story by conducting its own trial based
on the sequence of incidents. In this paper, an attempt has been made
to examine the issue of admissibility of circumstantial evidences while
a court decides for conviction or acquittal. This issue has also been
examined in view of growing practice of media trial. This practice has
always been contentious, but the way media has started pronouncing
its judgment in a case and/or influencing the trial court judge in a
certain direction has raised serious concerns regarding administration
of justice/delivery of justice. For conducting research on this vital area
of law and media, case study method has been adopted. The results are
based on the study of the most controversial case of the last ten years
i.e. AarushiTalwar case. The conclusion of this study reinterprets the
* Dr. Ambrish Saxena, Academic Head, Zee Institute of Media Arts (ZIMA) and Zee Institute of Creative
Arts (ZICA) Email:ambrish.vips@gmail.com
Ambrish Saxena 25
significance and treatment of circumstantial evidences during the trial
process in the court as also the media.
Keywords: Direct evidence, circumstantial evidence, media trial, trial

court, prosecution, conviction, acquittal
1. Introduction
The most important aspect of criminal law is evidence. There are two types of
evidence in a criminal trial: direct evidence and circumstantial evidence. Both direct and
circumstantial evidence carry equal importance in a criminal case. Direct and circumstan-
tial evidence are presented to the court by the defence and the prosecution in an attempt to
prove their version of the facts in question. If the prosecution wants to make sure conviction
of the accused, he/she must present direct and circumstantial evidence to the court proving
beyond a reasonable doubt each element of the crime in question.
1.1 Direct Evidence
Direct evidence can include:
• Physical evidence of a crime

• Documentary evidence (recorded evidence of a crime on video, audio, or another
reliable source)
• Witness testimony that includes first-hand knowledge of the crime in question
In some criminal cases, the direct evidence in a case will be sufficient to prove that
a person is guilty or innocent of the charges against them.1
However, in many incidents criminals remain careful not to generate any direct
evidence at the time of committing a crime. In such a situation, courts rely on circumstantial
evidence to determine the facts of a case.
1.2 Circumstantial Evidence
Circumstantial evidence is any indirect evidence of a fact that helps to establish the
guilt or innocence of a defendant through reasoning. Circumstantial evidence is the result
of combining seemingly unrelated facts that, when considered together, infer a conclusion
1 People v Bretagna, 298 N.Y. 323, 325 (1949).

26 Circumstantial Evidence and Media Trial: Analysing Coverage of Investigation, Prosecution, Conviction and Acquittal in Aarushi Talwar Case
that supports a litigant’s version of the facts. The inference provoked from circumstantial
evidence must flow logically, reasonably, and naturally from the facts presented.2
Criminal prosecutors rely heavily on circumstantial evidence to prove their case.

Civil cases are often based solely, or primarily, on circumstantial evidence, particularly in
cases involving liability. Some legal experts even argue that circumstantial evidence could
carry more weight in a case than direct evidence.
2. Issue of admissibility of Circumstantial Evidence
The presentation of circumstantial evidence is a skill that legal professionals

must use effectively in order to successfully convince the court of their argument. If
circumstantial evidence is presented unlawfully or illogically, the prosecutor may fail in
convincing the judge of the facts in the case. Direct and circumstantial evidence must prove
beyond reasonable doubt the guilt of a criminal defendant in order to elicit a conviction.
There are also situations where circumstantial evidence may be considered inadmissible in
a case. Circumstantial evidence based on hearsay or obtained unlawfully is generally not
be admissible as evidence in a case.
2.1 Circumstantial Evidence constitute reasonable inference from Direct

Evidence
The difference between direct evidence and circumstantial evidence can be

understood with the help of an example. Suppose in a trial one of the parties is trying to
prove that it was raining on Sunday morning. A witness testifies that on that morning she
walked to the subway and as she walked she saw rain falling, she felt it striking her face,
and she heard it splashing on the sidewalk. That testimony of the witness’s perceptions
would be direct evidence that it rained on Sunday morning.
Suppose, on the other hand, the witness testifies that it was clear as she walked to
the subway on Sunday morning, that she went into the subway and got on the Metro and
that while she was on the Metro, she saw passengers coming in at one station after another
carrying wet umbrellas and wearing wet clothes and raincoats. This testimony constitutes
direct evidence of what the witness observed. And because an inference that it was raining
in the area would flow naturally, reasonably, and logically from that direct evidence, the
2 People v Bretagna, supra; People v Roldan, 211 A.D.2d 366, 368-369 (1st Dept. 1995), aff’d 88 N.Y.2d
826 (1996); People v Marin, 102 A.D.2d 14, 26-27 (2d Dept. 1984), aff’d 65 N.Y.2d 741 (1985); People
v Vitalis, 67 A.D.2d 498, 503 (2d Dept. 1979).
Ambrish Saxena 27
witness’s testimony would constitute circumstantial evidence that it was raining in the area.
The law draws no distinction between circumstantial evidence and direct evidence
in terms of weight or importance. Either type of evidence may be enough to establish guilt
beyond a reasonable doubt, depending on the facts of the case as the judge finds them to be.3
2.2 Inference must be consistent with proven facts
Because circumstantial evidence requires the drawing of inferences, it is necessary

to understand the process involved in analyzing that evidence and what a lawyer must
do before he/she may return a verdict of guilty based solely on circumstantial evidence.
Initially, he/she must decide, on the basis of all of the evidence, what facts, if any, have
been proven. Any facts upon which an inference of guilt can be drawn must be proven
beyond a reasonable doubt.4
After the lawyer has determined what facts, if any, have been proven beyond a
reasonable doubt, then he/she must decide what inferences, if any, can be drawn from those
facts. Before he/she may draw an inference of guilt, however, that inference must be the
only one that can fairly and reasonably be drawn from the facts. It must be consistent with
the proven facts, and it must flow naturally, reasonably, and logically from them.5
2.3 Evidence excludes reasonable hypothesis of innocence
Again, it must appear that the inference of guilt is the only one that can fairly and
reasonably be drawn from the facts, and that the evidence excludes beyond a reasonable
doubt every reasonable hypothesis of innocence.6If there is a reasonable hypothesis from
the proven facts consistent with the defendant’s innocence, then the lawyer must find the
defendant not guilty.7
If the only reasonable inference the lawyer finds is that the defendant is guilty of a
charged crime, and that inference is established beyond reasonable doubt, then he/she must
find the defendant guilty of that crime.8
3 People v Benzinger, 36 N.Y.2d 29, 31-32 (1974); People v Cleague, 22 N.Y.2d 363, 367 (1968).
4 People v Cleague, supra, 22 N.Y.2d, at 365-366.
5 People v Benzinger, supra, 36 N.Y.2d, at 32.
6 People v Sanchez, 61 N.Y.2d 1022, 1024 (1984).
7 People v Morris, 36 N.Y.2d 877 (1975). 9. See People v Kennedy, 47 N.Y.2d 196 (1979).
8 People v Kennedy, 47 N.Y.2d 196 (1979)
3. Freedom of the press, individual liberty and social responsibility
Article 19 of Indian Constitution prescribes for six basic freedoms, which also
includes freedom of speech and expression. Article 19 (2) prescribes for reasonable
restrictions on this freedom. Without discussing the reasonableness of reasonable restrictions
here, one important point can be raised here; press cannot take away the freedom of other
institutions and individuals while exercising its freedom. So, whenever the press exceeds
its freedom, it results in infringing the liberty of citizens.
3.1 Article 19 (1) (a) versus Article 21
Freedom of the press is not explicitly declared in Part III of Indian Constitution.
However, Supreme Court, in a number of judgments, has recognized and reaffirmed that
the freedom of the press is derived from the Right to Freedom of Speech and Expression
as mentioned in Article 19 (1) (a) of the Constitution.
The Constitution also acknowledges the right of the suspect/accused and the
undertrials to have a free and fair trial under Article 21 of the Constitution. Balance between
the two fundamental rights, Article 19 (1) (a) and Article 21, is considered essential in view
of the concept of individual liberty, human dignity and the larger interest of the society.
Even this suggestion has been mooted that the courts should give appropriate directions
with regard to reporting (in electronic and print Media) of subjudice matters. When rights
of equal weight clash, courts have to evolve balancing measures based on re-calibration
under which both the rights are given equal space in the Constitutional Scheme.9
In this context, a distinct observation was made by a Division Bench of the Supreme
Court comprising Justices P. Sathasivam and Swatanter Kumar in their judgment in the
Jessica Lall Case in 2011 whereby the duty and role played by the media while reporting
a case was brought out stating that....
“Presumption of innocence of an accused is a legal presumption and should not

be destroyed at the very threshold through the process of media trial and that too when the
investigation is pending. In that event, it will be opposed to the very basic rule of law and
would impinge upon the protection granted to an accused under Article 21”.
The Bench cautioned that, “Every effort should be made by the print and electronic
media to ensure that the distinction between trial by media and informative media is always
9 Kumar, Mithilesh. “India: Media Trial Versus Free And Fair Administration Of Justice: Need For
Guidelines”. mondaq.com. N.p., 2013. Web. 3 Apr. 2017.
Ambrish Saxena 29
maintained”.10
3.2 Freedom of the press and social responsibility
A responsible media is expected to take into consideration the responsibility

entrusted on it by a democratic society. In a country like India, common man blindly
accepts the “truthfulness” of the news provided to them by media. As socially responsible
media, it should follow certain norms in reporting of a crime or any news related to the
same. Accuracy of the case shall be maintained and verified before the same is reported/
published and read of all.
Urvashi Singh writes in Lexology Newsfeed (2012),
Every caution shall be undertaken to avoid any writing that is opinion based i.e.
either favouring or defaming any person/party. Right to privacy shall not be interfered
with. Accuracy is of utmost importance while reporting court proceedings. Reports based
on mere suspicion or personal opinion shall not be published. Appreciation of an act of
violence shall be avoided always. The heading shall not be purposely made sensational or
provocative; it must be apt for the matter printed under it. Rectification shall be published
without any delay in cases of error.
4. Rights of the accused, undertrial and convict
As pointed out above even accused and undertrials have their rights and media has
to acknowledge this fact. Media also needs to understand distinction between an accused
and and a convict.
4.1 Supreme Court endorsement of rights of the accused
The rights entrusted to accused and undertrials have been endorsed in many
Supreme Court judgments. Justice R.S. Chauhan (2017) writes,
“……..Pre-trial publicity is injurious to the health of a fair trial. Even before the
accused is arrested and tried, the cacophony of media proclaims the accused to be guilty.
It, thus, undermines the fundamental principle of common law that every man is presumed
to be innocent till proven guilty. It, therefore, robs the accused of his fundamental right to
10 Singh, Urvashi. “Trial by Media A Threat To Administration of Justice”. lexology.com. N.p., 2012. Web.
3 Apr. 2017.
defend himself..”11
In the case Saibal Kumar vs. B.K. Sen, the Supreme Court remarked on the
tendency of media trial and remarked,
“...No doubt, it would be mischievous for a newspaper to systematically conduct

an independent investigation into a crime for which a man has been arrested and to publish
the results of the investigation. This is because trial by newspapers, when a trial by one of
the regular tribunals of the country is going on, must be prevented. The basis for this view
is that such action on the part of a newspaper tends to interfere with the course of justice,
whether the investigation tends to prejudice the accused or the prosecution….”12
4.2 Ignoring the vital gap between an accused and a convict
In some cases, media ignores the vital gap between an accused and a convict.
Sometimes, it happens because of legal ignorance of journalists, while on many occasions
it happens because media fails to keep ethical control on itself. TV channels do lot of
reconstruction while presenting news of criminal cases where prosecution is in progress,
and in the process they get involved in the character assassination of undertrials. While
doing the reconstruction, media is mostly banking on circumstantial evidences.
While doing this kind of reporting, media breaks the principles of “Presumption of
innocence until proven guilty” and “Guilt beyond reasonable doubt”.13Supreme Court has
cautioned against such pitfalls which are apparently inbuilt in media discussions.
With such pitfalls being inbuilt in media discussions, the Supreme Court tried to
discourage the tendency of media trial and remarked: “No doubt, it would be mischievous
for a newspaper to systematically conduct an independent investigation into a crime for
which a man has been arrested and to publish the results of the investigation. This is
because trial by newspapers, when a trial by one of the regular tribunals of the country is
going on, must be prevented. The basis for this view is that such action on the part of a
newspaper tends to interfere with the course of justice, whether the investigation tends to
11 Chauhan, R. S. (2017). Trial by Media: An International Perspective. In The Practical Lawyer.Eastern

Book Company.
12 Lau, K. (2016). Satyaveer Singh Rathivs M/S. Zee Television Ltd on 23 January, 2016 (CS No.324/2013).
Retrieved from Delhi District Court website: https://indiankanoon.org/doc/176781894/
13 Trial by Media: Whether Outreach or Over reach?,ArchanaPriyadarshini, Online International
Interdisciplinary Research Journal, {Bi-Monthly}, ISSN2249-9598, Volume-IV, March 2014 Special Issue
– pp 425-433
Ambrish Saxena 31
prejudice the accused or the prosecution.”14
5. Law Commission report on free speech and fair trial
Law Commission of India in its 200th Report (2006) has exclusively dealt with
trial by media, free speech and fair trial.15The Report has elaborated upon the change from
print media to electronic media, stating that the media as a whole has prejudiced subjudice
cases. It has pointed out the importance of an accused being presumed innocent till proved
otherwise in a court of law and the role played by the media to hamper the course of justice
by pronouncing judgment during its discussions. It has been stated that this behaviour of
the media comes under criminal contempt and it needs to be regulated.
5.1 Issue of publication/broadcast after arrest
Presently under the Contempt of Court Act 1971 in section 3, the protection against
the media for an accused starts from the stage of pending judicial proceedings only. The
report explained the decision taken by the Supreme Court way back in 1969 in the case
A.K. Gopalan v. Noordeen that publication made after arrest of a person could be contempt
if it was prejudicial to the suspect or accused under Article 19(1) (a), 19(2) and 21 of the
Constitution.16
This aspect had already been accepted by the Sanyal Committee17in 1963, when it
said that ‘arrest’ should be the starting point of investigation but this was dropped by the
Joint Committee of Parliament.
5.2 Restraining media from publishing/broadcasting criminal proceedings
Another controversial recommendation was to empower the High Court to direct a

print or an electronic media to postpone publication or telecast pertaining to a criminal case
and to restrain the media from resorting to such publication or telecast. The Commission
said that such a practice was prevalent in many countries including the U.K. Supreme Court/
High Courts in India have been issuing such kind of directions to print and electronic media
on case to case basis. In recent time, Supreme Court restrained media from publication/
14 (1961) 3 SCR 460
15 200th Law Commission Report on Trial by Media, Free Speech and Fair Trial under CrPC 1973, http://
Law Commission of India.nic.in/register/ rep200.pdf retrieved on 3rd April 2017.
16 A.K. Gopalan v. Noordeen 1969 (2) S.C.C.734.
17 10. Supra n.49
broadcast of certain proceedings during trial in ArushiTalwar case and Nirbhaya case.
5.3 Caution against judging the accused/ discrediting the witness by the media
Law Commission report also said that publications with reference to character of the
accused, previous convictions, confessions, judging the guilt or innocence of the accused
or discrediting witnesses could be a criminal contempt. The report has also discussed the
recent phenomenon of media interviewing potential witnesses, publicity that is given by the
police and news reports published by the media as part of investigative journalism.
6. Court’s authority on administration of justice v. media’s right of coverage
Constitution has prescribed for transparency in judiciary whereby the court

proceedings are held in open court and the courts remain accessible to people. Only in
certain cases, the court may decide to hold in-camera proceeding, meaning thereby the
entry in the courtroom will be restricted. Example: Nirbhaya case hearing in Saket Court.
The court can even apply restrictions on the publication or broadcast of court proceedings
for a limited period under certain conditions.
6. 1 Transparency in court proceedings and limited restrictions on media

coverage
Constitutional and legal position with regard to transparency in court proceedings

and publication or broadcast of these proceedings has been explained in a report prepared
by the Centre for Communication Governance at National Law University, Delhi.
• Article 143(4) of the Constitution provides that judgments of the Supreme Court of
India shall be delivered only in open court.
• Section 153B, Code of Civil Procedure, 1908 and Section 327, Code of Criminal
Procedure, 1973 state that proceedings of civil and criminal courts, respectively,
shall normally be carried out in an open court to which the public shall have access,
with exceptions in cases of trials for sexual offences (where and in other cases
where the presiding judge deems fit.
• Section 228A of Indian Penal Code bars the publication of the identifiable details of
a victim of sexual assault, and makes any such publication in respect of a pending
trial, without the express permission of the Court, a punishable offence.
• Section 44 of Unlawful Activities (Prevention) Act, 1967, ostensibly for the purpose
Ambrish Saxena 33
of protecting witnesses, permits the court to hold proceedings in camera and take
any other measures for keeping the identity and address of the witness secret,
including passing an order that “all or any of the proceedings pending before such
a court shall not be published in any manner”. It also makes violation of such
measures or orders a criminal offence.
6.2 Media interference in the administration of justice
Despite Constitutional and legal clarity as discussed above, there have been
numerous instances in recent time in which media has conducted the trial of an accused and
has passed the verdict even before the court passed its judgment.
ArchanaPriyadarshini has written in Online International Interdisciplinary Research

Journal (2014),
“…..Media is a strong agent of shaping and influencing public opinion. It propels

transparency direly needed to maintain trust of people in system. Accordingly, media is
regarded as an effective and indispensable institution for survival of democracy. It can
change the whole perspective through which people perceive different events. In many cases,
where the justice before the regular courts has gone awry, it has played a commendable
role in helping to bring the accused to book…”
Many such cases can be quoted where accused would have gone unpunished had
media not highlighted and discussed threadbare and helped creating public opinion for
justice. PriyadarshiniMatto case, Jessica Lal case, NitishKatara murder case, Bilal Joshi
rape case and Nirbhaya case provide exemplify this point. But, there is other side of
the story as well. Media has, of late, reincarnated itself into a public court and it has
started interfering in court proceedings. Legally, this involves criminal contempt of court.
Ethically, this involves violation of the private space of the accused and painting them as
criminals even before their conviction.
6.3 Debate on direct media interference in the jurisdiction of court
Conduct of trial and delivery of justice is an exclusive domain of the judiciary,

but media while exercising its self-assigned responsibilities gets involved in many such
activities which are said to creating obstructions in the administration and delivery of
justice.
In M.P. Lohia v. State of West Bengal, in a disputed dowry death case, the Supreme
Court was disturbed by the fact that when Special Leave Petition was pending before it, an
article titled “doomed by dowry” was published in the magazine called ‘Saga’. This was
written by KakoliPoddar based on her interview of the family of the deceased. All these
materials were to be used in the forthcoming trial. The Court felt that these types of articles
appearing in the media would certainly interfere with the administration of justice. The
Court stated that they depreciated this practice and cautioned the publisher, editor and the
journalist who were responsible for the said article against indulging in such trial by media
when the matter is subjudice.18
To top it all, on May 3, the judgment day of Kasab, the terrorist accused in 26/11
Mumbai blasts, the Times Now channel had a debate in the morning hour itself and declared
that it would be a death sentence. They went a step ahead discussing whether it would be
a public hanging or not. This sort of discussions hampers the administration of justice as
it can definitely, to some extent, affect the thinking process of judges and lawyers dealing
with that matter.19
7. Media Trial: Issues of investigation, conflict with judiciary and loss of

reputation
Media Trial involves many serious issues, like
• What is the role media play or it should be allowed to play in the process of
investigation and prosecution in a criminal case?
• Whether media should be allowed to judge the accused as Guilty or Not Guilty in
a case, thereby leading to his/her conviction or acquittal?
• To what extent media trial influences the judiciary and affects the process of justice
delivery system?
• How it is possible to compensate the loss of reputation of the accused in case he/
she is acquitted by the superior court?
7.1 Questioning media’s role in investigation and conviction
Dr. Rajesh Kumar Malik in International research Journal of Commerce and Law
(2016) writes, media as the fourth pillar of democracy should demarcate its limitation and
18 M.P. Lohia v. State of West Bengal, 2005 (2) S.C.C. 686

19 The Times Now Channel, May 3rd 2010 at 10.00 a.m
Ambrish Saxena 35
not encroach into the territory of justice administration. As was stated in the final decision
of Jessica Lal, case20, the Supreme Court observed that there is serious risk of prejudice if
media publishes statements which manifestly hold the suspect or the accused guilty even
before such an order has been passed by the court. In this case, Ram Jethmalani, counsel
for Manu Sharma stated that the media before and during the proceedings proclaimed Manu
as guilty even before he was acquitted by the trial Court. However, he was later found
guilty by the Supreme Court.
In Aarushi and Hemraj Murder Case, the Supreme Court of India on August 6,
2008, sharply criticized the media for acting as if it was a super investigating agency and
for tarnishing the reputation of the parents of victim, ArushiTalwar. On the number of
occasions, the print and electronic media have gone into fierce and ruthless competition,
as we can call them ‘aggressive journalism’ that a multitude of cameras are flashed at the
suspects or the accused. Even the media trial has started creating pressure on the lawyers
for not taking up case of the accused, thus, forcing the accused to face trial without any
defence. This is against the principles of Natural Justice.21
Moreover, the coverage of TV news channels was hardly based on direct evidences
as that could not make a juicy story. It was more based on circumstantial evidence as that
could help in the reconstruction of various sequences. Media has its limitations as far as
collection of hard evidence is concerned. So, it uses its imagination in creating something
which can catch eyeballs.
7.2 Building undue pressure on the process of justice delivery system
There is a widespread view that the difference between an accused and a convict
and the basic underlying principle of ‘innocent until proven guilty’ are regularly overlooked
by sections of the media in its coverage of ongoing trials. By conducting parallel trials,
the media, it is felt, not only puts undue pressure on the judge but also creates pressure on
lawyers to not take up cases of accused.
Mr.Arun Kumar Singh has written in a paper on Media Trial (2014), “Once a matter
comes under intense media glare, there is an added pressure on the prosecution to secure
evidence which must incriminate an accused, lest the media build negative public opinion
20 Media Trial in India: Pros & Cons, Dr. Rajesh Kumar Malik, IRJCL Vol.03 Issue-03, (March, 2016)
ISSN: 2349-705X International Research Journal of Commerce And Law (Impact Factor- 3.767)
21 https://internetdemocracy.in/wp-content/.../08/Consultation-paper-on-media-law.doc, Consultation Paper
Government Of India, Law Commission Of India, Consultation Paper On Media Law, May, 2014
against the prosecution. A fair trial and investigation, which are foremost constitutional
guarantees, are as much a right of the accused as they are of the victim”.22
Journalism is a very powerful process which affects and moulds the public opinion.
News media wields considerable power on the common person. Sometimes for sake of
sensationalism, media produces circumstantial evidence as genuine though it remains
inadmissible. However, it affects public opinion while denouncing the accused. In Khurshid
Anwar case, India TV reported uncorroborated testimony to the police. This created bias
in public that it’s correct.
According to Dr.MrinalSatish, Professor in NLU, Delhi, “Evidence law has rules

regarding what facts are admissible and what are not”.23But, media does not get into this
question, and base their story on such evidences which are not admissible.
Media reporting can also impact the sentencing process. The Supreme Court has
been relying on tests such as “the society’s cry for justice” and “the collective conscience
of the society” to determine whether death sentences should be imposed or not. In some
cases, the Supreme Court (and courts subordinate to it as well) seem to have implicitly
relied on media portrayal of a particular incident/individual to assess whether “collective
conscience” has been shaken. Death sentences have been imposed in cases where the media
seemed to suggest that for a crime of a particular nature, the death sentence is warranted.24
In India, the media has come in focus in its role in the trial of Jessica Lal murder
case. The concept of media trial is not a new concept. The role of media was debated in
the PriyadarshiniMattoo case and likewise many other high profile cases. There have been
numerous instances in which media has been accused of conducting the trial of the accused
and passing the ‘verdict’ even before the court passes its judgment. Trial is essentially a
process to be carried out by the courts.
Law Commission (2006) is of the opinion that
“The trial by media is definitely an undue interference in the process of justice

delivery. Before delving into the issue of justifiability of media trial it would be pertinent
to first try to define what actually the ‘trial by media’ means. Trial is a word which is
22 Singh, Arun Kumar and Kumar, Anil, Media Trials in India (December 1, 2014). Available at SSRN:https://
ssrn.com/abstract=2552426orhttp://dx.doi.org/10.2139/ssrn.2552426
23 See MrinalSatish’s (Professor at NLU, Delhi), Media impact on judicial process; available at http://
report-responsibly-india.tumblr.com/post/69966338284/media-impact-on-judicial-process. Last accessed
at 1st March 2014
24 “Trial by Media: A Legal Dilemma Resolved with Reference To Jessica
Ambrish Saxena 37
associated with the process of justice. It is the essential component on any judicial system
that the accused should receive a fair trial”.25
7.3 Issue of compensating the loss of reputation in the case of acquittal
The most objectionable part and unfortunate too, of the recently incarnated role
of media is that the coverage of a sensational crime and its adducing of ‘evidence’ begin
very early, mostly even before the person who will eventually preside over the trial even
takes cognizance of the offence. Secondly, the media is not bound by the traditional rules
of evidence which regulate what material can, and cannot be used to convict an accused.
Thirdly, media fails in making a distinction between direct evidences and circumstantial
evidences, and banks upon the sequence of events while publishing or broadcasting a news
story.
In R K Anand v. Registrar, Delhi High Court (2009), Supreme Court observed,
“…..the media treats seasoned criminal and the ordinary one, sometimes even the
innocents, alike without any reasonable discrimination. They are treated as a ‘television
item’ keeping at stake the reputation and image. Even if they are acquitted by the court on
the grounds of proof beyond reasonable doubt, they cannot resurrect their previous image.
Such kind of exposure provided to them is likely to jeopardize all these cherished rights
accompanying liberty…”26
Ms. Swati LekhaChakraborty in her paper published in International Journal for

Legal Developments & Allied Issues (2015), has referred to the following,
“…the Supreme Court has described trial by media as “the impact of television and
newspaper coverage on a person’s reputation by creating a widespread perception of guilt
regardless of any verdict in a court of law…”27
Dr.GiftyOommen has written in a paper published in Journal of Legal analysis and

Research (2014),
“…….while, it is important that media scrutiny of cases be done to make the public
aware, the degree to which media can be let to interfere in a particular case has to be
25 JaganndhaRao,Fair Trial and Free Press: Law’s Response to Trial by Media, p. 26.
26 Anand v. Registrar, (2009) 8 S.C.C. 106 (Del.)
27 http://ijldai.thelawbrigade.com/wp-content/uploads/2015/07/swatilekha.pdf TRIAL BY MEDIA – A
DISCORD OF RIGHTS By SwatilekhaChakraborty International Journal For Legal Developments &
Allied Issues Volume 1 Issue 2 [ISSN 2454-1273] pp 216-229
put under careful scrutiny. A biased report can mould the mindset of the people and the
public sentiment aroused; thereby can seriously affect the trial of the accused. . Television
reporters, often start acting as a separate judicial body while conducting debates, demonizing
an accused and building a strong public opinion against him…”28
Thus, an irreparable loss is caused to the reputation of an accused even if he is

found “Not Guilty” and finally acquitted by the trial court. Here, the most live example is
that of Rajesh Talwar and NupurTalwar, the parents of AarushiTalwar, who were convicted
by the trial court but acquitted by the appellate court. Though the superior court finally
acquitted them, but the loss of reputation that they suffered due to media trial can never be
compensated.
8. Case Study: AarushiTalwar
“Rule of Law” is the cornerstone of Indian Constitution. Those who understand

Constitution and Law also believe that facts are sacrosanct and conviction should be based
on direct evidence. In this situation, the way Aarushi-Hemraj murder unfolded in media
raises serious questions of circumstantial evidences and admissibility of evidences.
On May 16, 2008, AarushiTalwar, who would have turned 14 in eight days, was
found dead in her bed, her head smashed and throat slit. The domestic help Hemraj was
also found dead later. This double murder case took five long years to reach its judgment by
Ghaziabad trial court and another four years to reach its judgment by the appellate court i.e.
Allahabad High Court. Both the judgments revolve around controversial evidences. The
murder mystery was full of speculations and allegations,and according to defense lawyers
the prosecution was banking on assumptions.
28 Contempt of Court in India-balance between Media Freedom and Privacy in Subjudice Matters,
Dr.GiftyOommen- Journal of Legal Analysis and Research, Vol. 1, Issue 1, March 2014 ISSN : 2348 -
456X – Pp 1-24
Ambrish Saxena 39
8.1 AarushiCase: The timeline
It is important initially to look at the timeline in AarushiTalwar case.

2008
May 16: AarushiTalwar, the daughter of dentist couple Rajesh and
NupurTalwar, found dead with her throat slit in the bedroom of her
Noida home. Nepalese domestic help Hemraj suspected of murder.
FIR registered.
May 17: Hemraj’s body found on the terrace of the Talwar house
May 18: Police say murders were conducted with surgical precision, insider
job suspected
May 19: Talwar’s former Nepalese domestic help Vishnu Sharma named
suspect
May 23: Rajesh Talwar arrested for the two murders
May 31: Central Bureau of Investigation (CBI) given charge of the case
June 1: CBI) takes over the case
June 13: Krishna, Rajesh Talwar’s compounder, arrested by the CBI. Ten
days later, Raj Kumar, the servant of a doctor friend of the Talwars,
and Vijay Mandal, the domestic help of Talwars’ neighbour, were
also nabbed
June 26: CBI declares it a “blind case”, Rajesh Talwar refused bail by the
Special Magistrate in Ghaziabad
July 3: Supreme Court rejects PIL that challenged the administration of
narco-analysis on the accused
July 12: Rajesh given bail by a Ghaziabad court after CBI fails to present
evidence against him.
2009
February 15 – 20: Narco-analysis tests done on Rajesh Talwar
September 30: Sunil KumatDohre, the doctor who conducted the postmortem
procedure on Aarushi, in his fourth statement recorded during
investigation, suggests sexual activity either before or after her
death
2010
December 29: The CBI files closure report citing “insufficient evidence”. Servants
get clean chit and Talwars remain prime suspect.
2011
January 25: Rajesh Talwar attacked in Ghaziabad court premises
February 9: A special Ghaziabad court rejects CBI’s closure report and orders
that Rajesh and NupurTalwar be tried for Aarushi’s murder. The
couple also faces allegations of destruction of evidence. A CBI
special court in Ghaziabad issues bailable warrants against the
couple for not being present in court.
February 21: Talwars approach Allahabad High Court for quashing summons
March 18: Allahabad High Court dismisses plea. The next day couple
approaches Supreme Court
2012
January 9: Supreme Court says bail granted to Rajesh Talwar by the lower
court would continue and that he should appear before the
Ghaziabad Magistrate on February 4 to face trial along with his
wife NupurTalwar
February 4: Trial begins
March 14: CBI argues in court for cancellation of Rajesh Talwar›s bail
April 30: NupurTalwar arrested
May 3: Sessions court rejects NupurTalwar’s bail plea
May 25: Rajesh and NupurTalwar charged by Ghaziabad court with murder,
destruction of evidence and conspiracy
September 25: NupurTalwar released on bail on the Supreme Court’s order
2013
March: Naresh Raj, pediatrician who conducted the postmortem procedure
on Hemraj, quotes marital experience to depose that Hemraj was
“either in the midst of sexual intercourse or was about to indulge in
the same” when he was murdered.
April: CBI officer tells court that Aarushi and Hemraj were killed by the
Talwars. CBI also tells court that Aarushi and Hemraj were found in
an objectionable, compromising position.
May 3: Defence counsel pleads before a special court to summon 14 people,
including former CBI joint director Arun Kumar as witness. CBI
opposes the plea.
Ambrish Saxena 41
May 6: Trial court dismisses Talwar’s petition for summoning 14 witnesses.

It orders recording of statements of Rajesh and NupurTalwar.
October 18: CBI closes arguments, says Talwars “misled” investigators.
November: The couple are convicted for the double murder and sentenced to
life imprisonment by a Special CBI Court in Ghaziabad.
2017
October 13: Allahabad High Court acquits the dentist couple, giving them the
benefit of doubt
8.2 Aarushi Case: Issues involved
AarushiTalwar case is considered important for studying various aspects of law

and the role and responsibilities of media. The way this case unfolded, the following issues
appear significant in this study.
• the manner in which information was leaked out by the police

• the manner in which media cooked up evidences based on circumstances
• apparent infringement of the rights of the family of the victim by the police and
media
• apparent disregard of journalistic ethics by the media in the race of TRP
• the legal liability of the police and the media’s for defamation
• the evident hyperactivity of media in the name of serving the people’s right to know
8.3 Aarushi Case: Role of media and trial by media
The media’s obsession with sensation, with news that sells, worsened the situation.
The police leaked Aarushi’s text messages, social media posts, and an email to her father in
which she apologizes for something he didn’t approve of. Even as the investigation began,
a senior police official told reporters that Aarushi was “characterless”. Media evidently
ignored legal aspect of the case and projected their conclusions on presumptions.
Media in its reporting maligned the family and Aarushi’s friends and acquaintances.
They spoke of the family’s life style, Aarushi’s habits, her relationship with her friends and
of course about the servant. Words such as relation, affair, nexus, closeness and friendship
were used out of context to give rise to further suspicion and speculation. The state of the
Talwars and Durranis marriages were questioned and rumour, bit of gossip or loose remark
gave rise to ‘breaking news’ or ‘turning point’. There was hardly any evidence in showing
all these reports.
In an open letter Aarushi’s grandfather wrote “The media became ferocious with
speculative character assassination of Aarushi and her parents. The onslaught was severe.
This bizarre circus continued throughout the trial culminating into an astounding judgment
declaring Nupur and Rajesh guilty, and sentencing them to life in prison.”
8.4 Aarushi Case: Media trial and caution by Supreme Court
During trial in Aarushi case, Supreme Court cautioned the media (on 9th August
2010) against irresponsible reporting affecting the honour of a crime victim. Advocate
Mr. Surat Singh filed a Public Interest Litigation in the Supreme Court in 2008 seeking
restraint in reporting in the wake of “wild allegations” levelled by Noida police, which first
investigated the ArushiTalwar murder case. The Bench comprising Justices AltamasKabir
and A K Patnaik passed the order after counsel for Arushi pointed out the repeated telecasts
casting aspersion on the character of the victim, the Talwars and their deceased servant.
Mr. Surat Singh asked, “Can freedom of press be allowed to degenerate into a
license to malign the character of a dead person? Does our Constitution not guarantee the
right to privacy even to the dead?” He sought the court’s restriction on reportage till the
investigation was complete. Arushi’s father also sought similar restraint on media. Mr.
Talwar said the reporting by a section of the electronic and print media was prejudicing
their case and damaging their reputation.29
8.5 Aarushi Case: Media trial and presumption of innocence
In Aarushi/Hemraj murder case the media made every effort to highlight the
elements of illicit relationships, adultery, fornication, mystery and honour killing in a
bid to challenge the popularity of daily soaps. In this war of TRPs, a section of the media
was willing to stoop such a base level that it actually went ahead and reported unverified
information casting aspersions on the character of the dead girl. The civil society needs
to question if the media and all agencies involved should be allowed to get away after
besmirching the reputation of a 14 year old who cannot defend herself from the accusations
hurled at her.30
29 Sridhar, M. (2010, October 14). Maligned by police and media? Retrieved April 2, 2017, from http://
www.thehoot.org/media-watch/media-practice/maligned-by-police-and-media-4750
30 Agnihotri, S. (2015, October 12). AarushiTalwar’s grandfather breaks his silence with an open letter.
Retrieved April 2, 2017, from http://indiatoday.intoday.in/story/aarushi-talwars-grandfather-breaks-his-
Ambrish Saxena 43
The presumption of innocence till guilt is proven is a cardinal principle of criminal
justice. After the conviction of Aarushi’s parents by the trial court, demand for justice was
raised for Aarushi and Hemraj. The demand was for a fair trial as well as setting ethical
standards for the media. As per rational opinion, there must be room for reasonable doubt
and a realization that since none of us was at the scene of the crime, we cannot know what
happened.31
9. Issue of Circumstantial Evidence in Aarushi Case
Circumstantial evidences remained crucial at every stage in this case. While

prosecution succeeded in nailing the parents of Aarushi in the trial court with the help of
circumstantial evidence, the defense was successful in getting the parents acquitted in High
Court with the help of circumstantial evidence only.
9.1 Number of persons inside the house at the time of crime: CBI Team 1
investigation
By mid-July 2008, CBI Team 1 had established that there were four persons in
Hemraj’s room that night, including Hemraj. But CBI Team 2 rejected this theory. Noted
journalist Nalini Singh has written in her article in The Indian Express, one of the retired
CBI Director told her that each of the three outsiders who CBI Team 1 had proved to have
been present in Hemraj’s room, had perfect alibis – one had gone to meet his mistress,
another was at the railways station etc. However, CBI never disclosed the basis on which
they rejected their own Team 1 conclusion that there were four persons in Hemraj’s room,
including him, so that there were a total of seven persons in the house that night, and of
those, two were murdered.
The case of CBI Team 2 pivots on the fact that there were four persons in the flat,
and two of them killed the other two. This astounding inference caused the Talwars to be
hounded for nine years, and spend four years in jail.
In view of CBI’s functioning, the following questions remain unanswered.
 Why, in view of their own findings, did all five CBI directors not keep in their
sights the three outsiders who were in Hemraj’s room that fateful night?
silence-with-an-open-letter/1/496813.html
31 Ghosh, S. (2016, July 12). All but lynched by the media. Retrieved April 2, 2017, from http://www.
thehindu.com/opinion/op-ed/all-but-lynched-by-the-media/article4724980.ece
 Why these CBI directors did not reach out to Nepal police to “sweep up” clues
about Krishna and Rajkumar who were in Hemraj’s room?
 Why they did not examine Bihar-based Vijay Mandal?
9.2 Number of persons inside the house at the time of crime: CBI Team 2
investigation
The CBI Team 2 case and the 2013 judgment by Ghaziabad trial court, which
convicted the dentist couple, had relied heavily on the theory that there was no possibility
of there being any outsider in the flat on the night of the murder. However, Allahabad
High Court in its judgment in October 2017 went on to look at “key evidence”, which
the CBI had filed in the Ghaziabad trial court, to find holes in the agency’s case against
Talwars. Thus, the trial court’s reliance on such circumstantial evidences was rejected by
the appellate court.
The 2013 judgment of the trial court had said that there was “nothing to show that
an outsider(s) came inside the house … after 9.30 p m”. While rebutting this, the HC in
2017 pointed to three specific pieces of the puzzle – which had been put on record before
the trial court – that showed the “possibility of presence of other persons”. The High Court
view was in a way endorsement of the outcome of investigation conducted by CBI Team 1.
9.3 Number of persons inside the house at the time of crime: Trial court v.
appellate court
The approach of the High Court was quite different from that of the trial court
as far as looking at circumstantial evidences is concerned. High Court also found many
discrepancies in the process of investigation and prosecution which the trial court had
ignored.
Looking into the testimony of Dr. B K Mahapatra, Head of Department of Biology

at Central Forensic Science Laboratory (CFSL) of CBI, Mr. Suresh Kumar Singla, the
serologist and Mr. K KGautam, then Noida DSP, High Court found many contradictions
in the evidence. So, High Court said in its judgment that “the possibility of the presence of
other persons and the outsiders besides Hemraj having accessed the (Talwars’) apartment
… cannot be ruled out”.
Allahabad High Court pointed out that the “fact that Hemraj phone was active on
16.5.2008 and was in possession of someone else is another very strong circumstance”
Ambrish Saxena 45
that indicates that “someone had entered the house of the appellants (on) the night of the
incident and, after committing the double murder, had taken away the cellphone of Hemraj
…”
10. Analysing High Court judgment in Aarushi Case
Allahabad High Court in its judgment delivered on October 13, 2017, detailed
instances of falsification of evidence by investigating agencies – ranging from “subjective
findings” by medical and forensic experts to tutoring of a witness and planting of another,
evidence tampering to “deliberate concealment” of evidence.
High Court said that the trial court judge made a “mockery of law” by acting like
a “fanciful imaginative film director and a Maths teacher trying to solve the murders like a
Maths puzzle based on analogies and guesswork”.
10.1 Reinforcement of circumstantial evidence by HC but to the benefit of

accused
The concluding part of the High Court judgment says, “the learned trial judge has
prejudged things in his own fashion and drawn conclusions by embarking on erroneous
analogy …thus, he based the findings of conviction without caring to see that it is a case
based on circumstantial evidence…”
It added: “The judge took evidence and circumstances of the case for granted and
tried to solve it like a mathematical puzzle…But a judge cannot act like a Maths teacher…
In all criminal trials, analogies must be drawn and confined within the domain and realm of
evidence, facts and circumstances on record…”
“That way, the learned trial judge, by dint of fallacious analogy and reasoning,
surprisingly assumed fictional animation of the incident as to what actually took place inside
and outside the Flat L 32 JalvayuVihar. The whole genesis of the offence was grounded on
the fact that both the deceased, Hemraj and Aarushi, were seen by Dr. Rajesh Talwar in
flagrante. Thereafter, like a film director, the judge has tried to thrust coherence amongst
facts, inalienably scattered here and there, but not giving any coherence as to what in fact
happened.”
10.2 Reinforcement of circumstantial evidence by the defence in HC
In High Court, the defence lawyer cited in 1963 Supreme Court Order, which
says, “In special relevance to criminal cases where the guilt of the accused is sought to be
established by circumstances …the apex court held that if the circumstances proved in the
case are consistent either with innocence or guilt, then the accused is entitled to the benefit
of doubt…”
The High Court was convinced with the defence argument. The HC further
explained how the merits of a criminal trial case should be decided: “Consideration of
merit should be based only on evidence and circumstances apparent on record…backed up
by reasonable analogy and scrutiny by the trial judge.”
10.3 CBI involved in tampering of evidence and trial judge unmindful of law:
High Court
During the trial, the defence counsel argued that Hemraj’s blood was found from a
pillow and pillow cover recovered from the room of Krishna, Rajesh Talwar’scompunder.
He was earlier arrested by CBI Team 1 along with Rajkumar and Vijay Mandal but they
were released later. The defence said that it clearly indicated that Krishna and Hemraj were
together on the night of the murder, and there was presence of people other than the parents
in the house.
However, CBI Team 2 provided documents to HC which suggested that the pillow
and its cover were found from Hemraj’s room, and there had been a “typographical error”
in the report of the CDFD, Hyderabad. But, HC did not accept this clarification. High
Court judges accused the CBI of tampering with evidence, and said, “The CBI had begun
tampering with evidence, including the blood-stained pillow cover found in Hemraj and
Krishna’s room, when they saw their initial case not holding up.”
Regarding the trial court judge, High court said, “It is apparent that the trial judge
was unmindful of basic tenets of law and its applicability… and failed to properly appraise
facts and evaluate evidence”.
11. Conclusion
Having analysed the media coverage of the stages of investigation, prosecution,

conviction and acquittal in AarushiTalwar case, conclusions have been derived in this
Ambrish Saxena 47
study with regard to the importance of circumstantial evidence in a criminal case and
rationality and legality of media trial alongside trial in the trial court.
11.1 Media Trial
The analysis of media coverage in AarushiTalwar case takes us to the conclusion

that media was mostly involved in overreach and crossed all boundaries by grabbing
the functions which are constitutionally assigned to investigating agencies, prosecution
machinery and the trial court. The media mostly relied on unsubstantiated circumstantial
evidences and presumptions which allegedly influenced the trial court leading to conviction
of the parents of Aarushi.
Media was said to have been involvedin the following…
• taking over the job of investigation by media by pushing the investigating agencies
to a corner
• cooking up the news stories by media by recreating the scene based on circumstances
and presumptions
• conducting its own trial by media by ignoring/supporting the prosecution for
unexplainable reasons
• performing the role of the prosecution and the defence with role reversals at
convenience to prove its own theory
• carrying the trial to its logical conclusion by media by pronouncing punishment to
accused that it believed had committed the crime
Regarding media’s role in the coverage of Aarushi case, Supreme Court imposed
restrictions on media while expressing unhappiness on trial by media.
11.2 Circumstantial Evidence
Allahabad High Court in its judgment discounted the flimsy theories of the trial
court, leveled serious charges of fudging on the prosecution, and exposed the inefficiency
and malice intentions of the investigating agencies. This finally led to the acquittal of Dr.
Rajesh Talwar and Dr. NupurTalwar, parents of Aarushi.
High Court pulled the trial court for relying heavily on such circumstantial evidence
which did not corroborate with direct evidence. High Court also found the trial court judge
acting under influence of media reporting and delivering judgment not based on facts and
direct evidence. The trial court belied the hope that the courts will uphold rule of law
that believes as much in protecting the innocent as punishing the guilty and refuse to be
persuaded by the “collective conscience” of a lynch-mob.
11.3 Final comment
Despite conduct of investigation by two teams of CBI, conviction of Aarushi’s

parents by the trial court, simultaneous investigation of the case and pronouncement of its
own judgment by the media, and finallythe acquittal of Aarushi’s parents by the appellate
court, the fact remains that nobody has been punished for the murder of Aarushi and
Hemraj. This is apparently failure of investigative and prosecution machinery. And this is
also the failure of media with all its assumptions and presumptions.
Another important point: media trial happened while the case was in the trial court.
Once conviction of Aarushi’s parents was done, media seemingly achieved the end point
of its campaign for justice and things appeared subsided. Last four years in High Court
passed off in the absence of media glare. Thus, it may be concluded that quite due legal
proceedings, away from the shrill media, are more likely to deliver justice while media trial
carries the risk of miscarriage of justice.
So, finally it is concluded that circumstantial evidence may lead the court to draw
wrong inference and deliver erroneous judgment if such evidence is not admissible in law
and does not corroborate with direct evidence. If media in its coverage banks mainly on
such unsubstantiated circumstantial evidence, it will also commit the same mistake that the
court would have committed/might be committing. This amounts to trial by media since it
may influence the mind of the judge and precipitate the risk of miscarriage of justice.
References
[1]. AarushiTalwar murder case: Timeline - Times of India. (2017, October 12).
Retrieved from https://timesofindia.indiatimes.com/city/noida/aarushi-talwar-
murder-case-timeline/articleshow/61051396.cms
[2]. Circumstantial Evidence - Criminal Law Lawyer Source. (n.d.). Retrieved from
http://www.criminal-law-lawyer-source.com/terms/circum-evidence.html
[3]. CIRCUMSTANTIAL EVIDENCE–ENTIRE CASE. (n.d.). Retrieved from
https://www.nycourts.gov/judges/cji/1-General/CJI2d.Circumstantial_Evidence.
pdf
Ambrish Saxena 49
[4]. Ghose, D., &Ghosal, A. (2017, October 14). High Court demolishes CBI: witness
was tutored and evidence tampere. Indian Express, p. 1.
[5]. Nanda, V. (Ed.). (2018). Laws and Ethics: An Introduction to Legal and Ethical
Issues in Journalism (1st ed.). Delhi: Kanishka Publication.
[6]. Reporting Court Proceedings | Teaching and Learning Resources. (n.d.). Retrieved
from http://ccgtlr.org/?p=69
[7]. Right to Freedom and Six Basic Freedoms in India. (2016, February 24). Retrieved
from https://academy.gktoday.in/article/right-to-freedom-and-six-basic-freedoms-
in-india/
[8]. Sheriff, K., &Ghosal, A. (2017, October 22). That night at L - 32. The Indian
Express, p. 11.
[9]. Singh, N. (2017, October 17). Someone did kill Aarushi. The Indian Express,
p. 15.
50
Digital India: Vision of Vivekananda Journal of Research

Complete Digitization ISSN 2319-8702(Print)
Kriti Dhingra and Kanika Dhingra
Abstract
Digital India programme was initiated by the government of India to

revolutionize India into a digitally empowered society and knowledge
economy. It was launched in July’2015 by our honorable Prime Minister
Narendra Modi with a vision to prepare India for a knowledge future.
Various initiatives of the Digital India program are primarily aiming

for digital empowerment, improving digital infrastructure and offering
on-demand governance and services. From easing mobile connectivity,
constructing broadband highway to promotion of e-governance, the
motive behind making India of Digital India initiative is to bridge the
connectivity gap between the urban and rural areas. The purpose of
this paper is to study the inception of Digital India programme, its
impact on all aspects of governance and the quality of life of citizens.
Keywords: Digital India, e-education, e-governance, e-health,

e-kranti, e-greetings.
Introduction
Technology is changing the world around us at a breath taking pace. The digital
world where we live today is the outcome of several innovations and technology advances.
Today, the world has transformed from a knowledge savvy to techno knowledge savvy.
Think of something and it is available in one click.
Even though India is known for being a powerhouse of software, still the
1 Kriti Dhingra, Assistant Professor, Vivekananda Institute of Professional Studies, GGSIP University,
Delhi Email: dhingrakriti03@gmail.com
2 Kanika Dhingra, Assistant Professor, Institute of Innovation in Technology & Management, GGSIP
University, Delhi Email: kanika.dhingra.2@gmail.com
Kriti Dhingra and Kanika Dhingra 51
e-government services available to the citizens is comparatively low. The Digital India
initiative was launched on 1 July 2015 by Prime Minister Narendra Modi keeping in mind
the absence of digitization in Indian governance.
The Digital India drive emphasizes on e-governance and is aiming to transform India
to a digitally empowered society. This program with a project estimation of Rs 1,13,000
crore is preparing the country for a knowledge-based transformation. The Department of
Electronics and Information Technology foresee that this program will have a huge impact
on the Ministry of Communication and IT. It will be ensuring that government services
should be available to the citizens electronically. Focus of the Digital India Programme is
to provide high speed internet services to all its citizens and make its services available
for both online and mobile platform in real time. Aim of Digital India Programme is to
provide ease of doing business in the country. Modi’s government is focusing to provide
broadband service in every village of the country, mobile healthcare services and tele-
medicine and making the governance more participative. Government will enhance the NIC
( National Informatics Centre) to enable execution of the Digital India Program smoothly.
The responsibility of NIC is to carry IT projects in government departments.
Components of Digital India
1) Digital Infrastructure as a Utility to Every Citizen: The government is planning to

provide high speed internet connectivity to the remotest village.
2) Governance and services on demand: It will provide single window access to every
individual resulting in real time service delivery from online platform.
3) Digital Empowerment of Citizens: This vision aims at Universal digital literacy.
All digital resources will be available universally.
52 Digital India: Vision of Complete Digitization
Pillars Of Digital India
Figure 1: Pillars of Digital India
The nine support beams of these visions are:
1. Broadband Highways
• This broadly covers provision of Broadband for Rural areas, urban areas and a
National Information Infrastructure.
• Broadband provision for All Rural has covered 250 thousand village Panchayats by
December, 2016 with the estimated project cost of approximately Rs. 32,000 Cr.
• Provision of Broadband for All Urban would cover, Virtual Network Operators
being aided for service delivery and communication infrastructure cost in new
urban development and buildings would be mandated.
• Under National Information Infrastructure various networks like SWAN (State
Wide Area Network), NKN (National Knowledge Network) and NOFN (National
Optical Fiber Network) will be integrated along cloud enabled National and
State Data Centres. The estimated cost of the project is around Rs 15,686 Cr for
implementation in 2 years and maintenance & support for 5 years.
2. Universal Access to Mobile Connectivity
• This initiative focuses on increasing network penetration and covering the gaps in
connectivity in the country.
• The telecommunication department would be providing universal mobile coverage
to the uncovered villages in a phased manner.
3. Public Internet Access Programs:
• Public Internet Access Programme has two sub components namely Common
Service Centres and Post Offices as multi-service centres.
• The number of Common Service Centres would be increased as compared to the
present. CSCs will act as multi-functional endpoints for government services like
Aadhar Card ,Utility Bill Payments, Exam Results, provision of Certificates etc and
business services like E-banking ,Computer and Language Skill training, Mgnrega
Job cards etc.
• Several Post Offices have been proposed to be converted into multi service centres.
4. E-Governance:
• All the government processes would be reformed and Information Technology will
be used to make government services more effectively deliverable. This needs to
be be implemented by all ministries/ departments to make all government processes
efficient.
• Form simplification and field reduction, online applications and tracking, online
repositories, Integration of services and platforms are the guiding principles for
government reforming through IT.
• Electronic Databases – All the databases and corresponding information should be
in an electronic format and not manual.
• Automated Workflow Inside Government – There should be an automated workflow
in all government departments and government agencies to enable efficient processes
and also to allow visibility of these processes to the citizens.
• Public Grievance Redressal - IT should not only be used to automate processes but
also to analyze data for identifying and resolving persistent problems. This would
result in process improvements.
5. E-kranti – Electronic Delivery of Services
E–kranti project focuses on digital knowledge program and provides electronically

deliverable services to all citizens of the country. Our government has allocated 5 billion
for the this project which include:-e-health, e-education, and technology for farmers,
technology for planning, technology for security, technology for financial inclusion, and
technology for justice, technology for cyber security.
6. Information for All
• Open Data platform and online hosting of information would facilitate proactive
release of data and provide open and easy access of information to citizens.
• Government aims to provide citizens with necessary information by being
enthusiastically engaged with them through social media and web based platforms.
The website MyGov.in has been launched and is running as a platform to exchange
ideas/ suggestions with Government facilitating a two-way communication between
citizens and government.
• Online messaging to citizens for special occasions/programs would be encouraged
through emails and SMSes.
7. Electronics Manufacturing
Target NET ZERO Imports is a striking demonstration of intent. The focus of this

pillar is to create a huge base for electronics manufacturing in the country with the aid of
digital technologies and skills. This ambitious aim can be achieved if there is coordinated
action among many fronts like Taxation, incentives, Economies of scale, eliminating cost
disadvantages, Incubators, clusters, Skill development, Enhancing PhDs, Government
procurement, Safety Standards (Compulsory registration, Support for Labs and MSMEs),
R & D in electronics
Empowering manufacturing through internet will help demonstrate data driven

operational excellence and decentralized production control systems within and beyond
the physical factory walls. Existing structures are inadequate to handle this goal and need
strengthening.
8. IT for Jobs
• Youth from smaller towns & villages will be provided with necessary training for
IT sector jobs over a span of 5 years.
• To facilitate ICT enabled growth in all the north-eastern states BPOs to be set up in
these states.
• As part of skill development, training of Service delivery agents would be done so
that they run viable businesses delivering IT services.
• Telecom Service Providers (TSPs) would be training the rural workforce to cater
to their own needs.
9. Early Harvest Programmes
This programme will have those projects that have short timelines and these projects
would alter manual services by e-service.E-services like educational books to e-books,
public Wi-Fi, biometric attendance, sports to online gaming access, Government Greetings
to e-Greetings,SMS based weather information, disaster alerts, National Portal for Lost &
Found children.
Impacts of Digital India
Economic impact
• Improved outputs of all sectors of the economy.
• Reduction in export expenditure.
• Reduced cost of online delivery system.
• Attracts foreign investments in economy.
Social Impact
• All socioeconomic facilities will be available equally to all.
• Improvement in social economic status by increasing job opportunities.
• Easy access to all resources by providing universal phone connection and High
Speed Internet.
• In short time delivery of services by providing E-governance and E-Services.
Environmental Impact
• Greener ecosystem by decreasing carbon footprints, curtailing fuel consumption,
waste management and promoting greener workplaces.
• Reduced paper consumption by usage of E-services.
• Cloud computing technology improves mobility and flexibility and thus minimizes
carbon emissions.
• Systematic management and judicious usage of scarce and non-renewable resources
by the ICT sector.
Conclusion And Future Scope
The motive of launching Digital India campaign was to provide basic services
through IT platform in India. The Digital India drive aims to remodel Indian economy into
a knowledgeable and digital economy with equal participation from citizens and businesses.
It will lead to increase in investments which would be utilised to provide smartphones and
internet devices at affordable price which would help in generating more jobs and reducing
the imports. The financial, education, healthcare, automobiles
And other sectors all over the world are willing to contribute in this mega project.
This project will boost the nation’s economy. New potentials will arise to change this
development model. Villages would be turning into smart economic centers that connect
farmers directly to e-markets to know the price and make them less vulnerable to the whims
of weather. Let us all hope and look forward for the efficacious implementation of this
project for an incredible and prosperous India and hope India will again be called a Golden
Sparrow.
References
[1]. Midha. R. (1997). Digital India: Barriers & Remedies. IEEE Transactions on
Image Processing. 6(12) 64 – 69.
[2]. Jani & Tere (2015). Digital India: A need of Hours. International Journal of
Advanced Research in Computer Science and Software Engineering. 5(8).
[3]. Rani. S. (2016). Digital India: Unleashing Prosperity. Indian Journal of Applied
Research. 6(4).
[4]. Sharma,S., Lama, V. & Goyal, N. (2015). Digital India: A Vision towards Digitally
Empowered Knowledge Economy. 5(10).
[5]. meaty.gov.in/sites/upload_flis/dit/files/
[6]. https://en.wikipedia.org/wiki/Digital_India/ Digital%20India.pdf
[7]. http://www.narendramodi.in/social-media-corner-3-march-2017-534586
[8]. http://www.oneindia.com/feature/what-is-digital-india-programme-
explained-1792279.html
[9]. http://www.thehindu.com/news/resources/Full-text-of-Narendra-Modis-speech-at-
San-Jose/article10395609.ece
[10]. http://iasscore.in/national-issues/digital-india-programme-importance-and-impact
58
The Competition Commission Vivekananda Journal of Research

of India: A Jurisdictional ISSN 2319-8702(Print)
Approach & Redress of ISSN 2456-7574(Online)
Grievances of the Consumers http://www.vips.edu/vjr.php
Faisal Ali Khan
Abstract
The Competition Commission of India (CCI), is a special Court who

possesses the same powers of the Civil Court under the code procedure
of civil related to call to the witnesses, discovery of documents,
issue of commission etc. It would be exercised as the case may be.
The concept of Competition Commission of India is a watch dog to
implement the policy of the legislative behind the Act and to promote
the fair competition among the business entrepreneurs. To determine
the intention of the parties into an agreements whether it has developed
with the spirit of anti-thesis agreements and abuse of dominance or not?
If it find that there is a violation of the competition law, cognizance of
the credible complaint may be taken and dispose of as per law. This
study is the basic jurisdictional approach of the CCI in order to protect
the consumers & small entrepreneurs from the anti-thesis agreements
and abuse of dominance.
Keywords:Competition Commission of India (CCI), Jurisdiction,

Grievances & Redress, Consumer’s protection, Anti-thesis agreements,
Abuse of dominance
Introduction
The Competition Commission of India (hereinafter referred to as a “CCI”) has been

constituted as ainter alia, regulatory body under the Competition Act, 2002 (hereinafter
referred to as a “Act”) and it has jurisdiction to prevent our commercial activities from
maladies and nefarious designs of the entrepreneurs who has corrupt mind to grab our
* Faisal Ali Khan, Research Scholar, Department of Law, A.M.U., Aligarh, Uttar Prdesh, India
Email: fakmoon@gmail.com
Faisal Ali Khan 59
economy from the fair Competition. The CCI has empowered to investigate such type of
complaint from the fair competitor of the business and protect the interest of our consumer
from anti-competitive agreements and abuse of the dominance but this sort of protection is
not confine to our consumer, it may enjoy to other business class also.
The object of the Competition Laws is to promote the business activities in

competitive manner and to prevent the practices having adversely effects the aim of the
law and develop sustain competition in the market and fair competition will also create
an environment of free of trade carried on by other businessmen in the market. Fair
Competition practices will also provide safeguard to our business class but may also attract
to the foreigners investors to come in our country to set up industries/joint ventures which
will help us to alleviate from poverty to our country.
The Commission has jurisdiction under Section 19 of the Competition Amendment

Act, 2007 to make inquiry into allegations which emerge from thereceipt of any information
from any consumer, reference by the Central or State Government or statutory authority
defined under Section 2 (w) of the Act and Commission’s own motion.
The Competition Act, 2002 has been brought to repeal the Monopolies and
Restrictive Trade Practice (MRTP) Act, 1969 which derives from the spirit of article
38 and 39 of the Constitution but there is a need of the comprehensive legislation i.e.
Competition Law in uniform pattern for around the world. The present CCI is capable to
adjudicate the issues and challenges of fair competitive business.
Apart from this, according to the preamble, the Act, as such, envisages setting
up of a Commission, taking into consideration the economic development of the country
to restrict practices adversely affecting the Competition, sustaining the Competition in
the markets in order to safeguard the interest of the consumers, maintaining the freedom
of trade of the participants in markets in the country and for matters related thereto. The
principal objective of a Competition law is to maintain and protect the competitive process;
this figures as a core objective of the Act and also as a principal duty of the Commission1
Jurisdictions, Powers, and Functions of the Competition Commission of India
The Section 19 (1) of the Competition (Amendment) Act, 2007 has conferred the
jurisdiction on the Commission to inquire into any anti-competitive agreement or abuse of
1 VinodDhall; Competition Law Today Concepts, Issues, and the Law in Practice; Ed: 1st (2007); ISBN-
13:978-0-19-568802-2; ISBN-10: 0-19-568802-3; Oxford University Press, New Delhi; P. 500
60 The Competition Commission of India: A Jurisdictional Approach & Redress of Grievances of the Consumers
dominant position covered section 3 or 4. The allegations for inquiry by the Commission
may emanate from any of the followings sources:
(i) Receipt of any information from any person, as defined in Section 2 (1), any
consumer, as defined in Section 2 (f), any consumer’s association or any trade
association;
(ii) Reference by the Central or State Government or statutory authority, as defined in
Section 2 (w);
(iii) Own motion of the Commission2.
If the parties have some grievances related to matters to be adjudicated by

Competition commission of India and they may make a complaint or information with
requisite fee to deposit in a prescribed manner to the Commission. In other case, no fee
is payable to the Commission. Besides, the informant or complainant may or may not be
the aggrieved person. The complaint must narrate the facts. Since the authenticity of the
complaint and complainant is to be confirmed, the Commission may cause its investigation
by Director General under Section 26 to Satisfy as to whether or not the complaint requires
to be enquired into3.
The complaint may be made by any registered or unregistered association having

membership. An association is normally understood to mean a body which bring together
people with a common interest or purpose4. However, the term “Person” has a wide
definition covered under Section 2 (1) of the Act. Thus, accordingly, any person within or
outside India or any association or body of persons incorporated in or outside India, or any
company incorporated in or outside India is eligible to approach the Commission against an
anti-competitive act prohibited under Section 3 or 4 of the Act5
The definition of the term “Consumer” is contained under Section 2 (f) of the Act.
Thus, in briefly, basically, Consumer is a person who buys any goods for consideration and
includes any user of such goods other than the person who buys such goods for consideration
or a person who hires or avails of any service for consideration and includes any beneficiary
of such services other than the person who hires or avails of services or use6.
2 S.M. Dugar&U.P. Mathur; Guide to Competition Law; Ed: 5th ;(2010); Vol. 1; LexisNexis
ButterworthsWadhwa, Nagpur; p. 937
3 Ibid
4 Ibid
5 Burhan Majid; Competition Law in India; Ed: 1st (2003); ISBN No. 978-81-8387-5; Serial Publication; P.
81
6 Id at P. 82
Faisal Ali Khan 61
The grievance will be made to the Commission by association of consumers or by
trade association and trade defines under Section 2 (x) of the Act. The proceedings can be
initiated by the instance of registered or unregistered association having a membership.
The Section 3 (1) of the Act contains provisions for the complaint to the Commission
in respect of anti-competitive agreements which covers an enterprise, an association of
enterprises or person or association of the person etc. The term “Enterprise” has been
widely defined under the Act and includes, in brief, a person or a department of government,
engaged in any activity relating to production, storage, supply, distribution, etc. with the
exception of any activity carried on by the Central Government dealing with atomic energy,
currency, defence and space. Thus, such departments are not liable to action under the Act.
Hence, they are the outside the purview of the Act7.
The provisions have been enumerated under Section 19 (3) of the Act that the
Commission has empowered to ascertain the anti-competitive agreements which are against
the policy underlines to the legislative approach for the Commission and how these types
of problems and prospects may be adjudicated by the Commission to the spirits of the Act8.
However, according to Section 19 (4) of the Act which says that the Commission
while inquiring whether an enterprise has a dominant position or not under Section 4 of the
Act, shall take into consideration the factors enumerated therein the clauses from (a) to (m)
accordingly9.
The provisions have been enumerated under Section 19 (5) of the Act which says
that the Commission in order to determine whether a market constitutes a relevant market
for the purpose of this Act shall take into account the “relevant geographic market” and
“relevant product market”. Moreover, under Section 19 (6) of the Act, the Commission, in
order to determine the “relevant geographic market”, shall observe the factors mentioned
therein clauses (a) to (h) specifically10.
Apart from it, under Section 19 (7) of the Act, the Commission shall take into
consideration, the factors mentioned therein the clauses (a) to (f) while determining the
relevantthe “relevant product market”
(a) Price of goods or service;
7 Id at Pp. 82 & 83
8 The Competition Act, 2002
9 Ibid
10 Ibid
(b) Consumer preference;
(c) Exclusion of in-house production;
(d) Existence of specialised producers;
(e) Classification of industrial products11.
The cardinal point to mention here that the CCI is empowered under the Act to
make an inquiry into the matter and adjudicate the same, exercising the powers of the
Civil Court; to call for records, calling of the witnesses, discovery and production of
documents, receiving evidence on affidavit, issue Commission for examination of witnesses
and documents as are vested in a Civil Court under the Code of Civil Procedure, 1908.
However, the Civil Court has no jurisdiction to grant injunction in any matter covered
under the Act.
It is evident from the provisions of the Act that the Commission has no statutory
duty to issue notice and grant opportunity of hearing of the case and a party is also, out
rightly, barred from claiming issuance of notice and opportunity of hearing as a matter of
right, at the stage of formation of opinion by the Commission under Section 26 of the Act to
issue a direction to the Director General to make an investigation in the matter. However,
the Commission has regulatory jurisdiction as a statutory body, exercising discretion in
an appropriate cases to call upon the parties concerned to render required assistance and
furnish required information as per direction12.
An enquiry under Section 19 of the Act can be initiated, inter alia, upon the
receipt of any information by the Commission from any person or trade association or from
any consumer or consumer’s association; also, enquiry may be initiated suomotu by the
Commission. In contrast, under the Consumer Protection Act the complainant, inter alia,
has to be a consumer or consumers having the same interest other than the one who buys
goods for commercial purpose or a voluntary consumers association. Thus, a consumers
who buys goods for commercial purpose or a trade association cannot be a complainant
before the Consumer Redressal Authority and said authority cannot suomotu initiate an
enquiry under the Consumer Protection Act13.
It is relevant to mention here that Section 26 (1) of the Act has limited scope of
the judicial review and excludes even examining the merits of the allegations. The CCI
can make investigation only if it is forms opinion that there exists a prima facie case.
11 Ibid
12 Competition Commission of India V. Steel Authority of India (2010) 10 SCC 744
13 Supra Note 1 at Pp 938- 39.
Faisal Ali Khan 63
However, formation of opinion is indispensable for exercise of jurisdiction under Section
26 (1) of the Act, but the opinion formed should be of such a nature that a prudent person
can, ordinarily, make. If, any opinion, formed on the basis of the allegations, is perverse,
any direction issued under Section 26 (1) of the Act, related thereto, would be without
jurisdiction. As mentioned earlier, the jurisdiction of the Civil Court cannot adjudicate
upon the issue that whether an enterprise has abused its dominant position. Although, some
reliefs in proceedings may be granted under the Patents Act, but that does not exclude the
matter in issue of the complaint from the purview of the Act. The main objective of the CCI
is to restrict the practices, adversely affecting the Competition in India14.
The jurisdiction of Supreme Court under Article 136 of the Constitution is a purely
discretionary relief. If the Supreme Court has convinced that the impugned order could be
sustained by proper and valid reasons, need not necessarily call for exercise of its discretion
under Article 136 of the Constitution15.
The Commission has empowered under Sections 26 (1), 19, 3 (3) (d) and 36 (2) of
the Act related to the case of slum sale of sugar units to private entrepreneur and reference
of the matter by Commission to Director General for investigation on the basis of CAG’s
report and initiation of suomuto proceedings against bidders, whereas audit report of CAG
showing lack of competitive process in sale and bidders found engaged in bid rigging
activities and fair value of sugar mills thereby affected. Allahabad High Court has held that
the no prejudice can be said to have caused to bidder by show cause notice requiring it to
furnish necessary documents16.
The bar to the jurisdiction of Civil Court does not apply to High Court related to
the record of compromise or memo of settlement reached between parties in matter pending
before Competition Commission17.
The Act also contains provisions under Section 21 & 21 (A) for reference, relating
to the provisions of Sections 3, 4 or 5 of the Act, made by statutory authority to the
Commission shall furnish its opinion within 60 days to the authority concerned. Besides,
the Act also has a new Section 21 (A) which enables the Commission to make reference
to statutory authority on any matter and statutory authority shall be duty bound to furnish
its opinion within 60 days to the Commission and thereupon the Commission shall give its
14 Telefonaktiebolaget LM Ericsson (PUBL) V. Competition Commission of India and another (2016) 4
Comp LJ 122 (Del)
15 Calcutta Stock Exchange V. BLB Ltd. (2016) 3 Comp LJ 122 (SC)
16 Namrata Marketing Pvt. Ltd. V. Competition Commission of India and others A.I.R. 2014 All 11
17 V.R. Manohar; The AIR Ready Reckoner 2015; All India Reporter, Nagpur; P. 126
finding with reasons on the basis of the opinion of the statutory authority18.
The Competition Law and Prevent for the Abuse of Dominance: Mexico
The Mexico’s Law observed that Competition and free market access was essential
for economic development in the country and, thus, the Federal Law of Economic
Competition (LFCE) noticed that quality of goods and services in monopolized market was
formed to be inferior to those produced under Competition. However, monopoly caused
loss to the economic development and social welfare, ultimately, resulting in reduction of
economic wealth. Thus, Mexico is pioneer in the Competition policy with efficiency19.
As far as the vertical agreements and unilateral behaviour (abuse of dominance

or monopolization) are concerned those are regarded as monopolistic practice under the
law Article 10 and 11 Article 7, respectively deal with five types of vertical conduct and
five additional relative practices, specifically in detail. Although, Competition, being a
complicated matter bestows the best results to all market participants up to the consumers
and, sometimes, sets new challenges to companies and, does not give comfort. As a result
of these companies, sometimes resort to eliminate Competition by agreements, mergers
and abusive practices and harm the economy. Hence, some especial legislation is needed
to cope with such types of situations and impart basic freedom to the companies to make
decisions and take strict measures in accordance with the provisions of the Act to enable
companies to furnish at large20.
Competition Law and Control of Abuse: Germany
There is one question which arises time and again: Is a competition law necessary
and if so, why? And remarkably, it is not only the transition and developing countries
which are about to introduce a competition law system that raise this question but also the
industrialized countries. At least in Germany, it often seems that politics and apparently
also many companies have less confidence in market forces than they have in regulation.
An argument that is often raised is that there is a need for national champions to be able to
withstand international competition. Yet, companies who make such demands act against
18 Supra Note 2 at P. 977

19 VinodDhall& Eduardo Perez Motta; Competition Law Today Concepts, Issues, and the Law in Practice;
Ed: 1st (2007); ISBN-13:978-0-19-568802-2; ISBN-10: 0-19-568802-3; Oxford University Press, New
Delhi; P. 321
20 Id at P. 324
Faisal Ali Khan 65
their own medium and long-term interests21.
Competition is at the same time a complex matter: On the hand, it undoubtedly

produces the best results all market participants down to the consumer. On the other hand,
it constantly poses companies new challenges and is thus often uncomfortable. In order
to avoid competitive pressures, companies are inclined to impede, distort, or eliminate
competition by agreements, mergers, or abusive practices. These restraints of competition
harm the economy. A legislative framework is required to counter such distortions of
competition and to give companies the basic freedom to make decisions, subject to the
proviso that competitive structures and the individual’s freedom of action are maintained22.
It is the aim of abuse control to safeguard the freedom of competition. This aim
justifies the subjection of dominant companies to a special control of conduct, especially
since the German Law does not provide for the possibility to divest large companies. Abuse
control under German laws covers:
(a) Abuse of a dominant position under Section 19 of the Act Against Restraints of
Competition ( hereinafter refers to as a “ARC”)
(b) Prohibition of discrimination and unfair hindrance under Section 20 of the ARC,
and
(c) Prohibition of boycott and other restrictive practices under Section 21 of the ARC
The key term in abuse control is market dominance. The level of dominance is
assessed on the basis of whether a company has no competitors (monopoly) is not exposed
to any substantial competition, or whether it has a paramount market position in relation
to its competitors. The criteria to be considered include the competitive conditions in the
relevant market and company related criteria such as financial power, access to supply and
sales markets, links with other undertakings, barriers to market entry, actual and potential
competition. The law also provides for so-called thresholds for assuming dominance which
are based on the companies’ market shares under Section 19 of the ARC. For individual
companies the relevant threshold is a market share of 33.3% for oligopolies of up to three
companies a market share of 50% and for oligopolies of four or five companies a market
share of 66.67%23.
21 VinodDhall& Ulf Boge; Competition Law Today Concepts, Issues, and the Law in Practice; Ed: 1st
(2007); ISBN-13:978-0-19-568802-2; ISBN-10: 0-19-568802-3; Oxford University Press, New Delhi; P.
298
22 Id. at P. 299
23 Id. at P. 311
The Competition Laws in U.K.
The united Kingdom Competition law has undergone a great deal change in the past
2 decades and current law being set out, for the most part, in two relatively recent statutes,
the Competition Act, 1998 (hereinafter refers to as a “Act, 1998”) and the Enterprise Act,
2002 (hereinafter refers to as a “Act, 2002”)24.
The Act, 1998 sets out two key prohibitions against anti-competitive agreements
and cartels, and abuse of dominance, known as the ‘Chapter-I’ and ‘Chapter-II’ prohibitions
respectively, which are closely modelled on the equivalent provisions contained under
Article 81 and 82 of the EC treaty. This has greatly expanded the scope for the competition
authorities to intervene to prevent anti-competitive behaviour. The Act, 1998 also gave the
authorities greater ‘teeth’ in the form of the power to impose penalties of up to 10% of
turnover, and new powers of investigation, including the power to conduct unannounced
‘dawn raids’25.
The Act, 2002 updated two other aspects of the U.K competition regime: merger
control and market investigations. The merger control framework in the U.K does not
require the merging parties to seek clearance prior to completing the merger. Where a
merger is found potentially to affect competition following a first-phase review by the
Office of Fair Trading (OFT), a different body, the Competition Commission (CC) carries
out the second phase review26.
‘Market investigations’ are general investigations in a sector which is not thought

to be functioning properly. Again these are carried out by the CC following a first phase
investigation by the OFT. A market investigation can take up to two years and will typically
involve all the key participants in the sector under review. Recent examples include
inquiries into supermarkets, banking, and store cards. Besides, the Act, 2002 has created
a new criminal offence, committed by individuals responsible for serious cartel offences.
The new offence, punishable by up to five years in prison is known as the ‘cartel offences’.
The new offence, punishable by up to five years in prison is known as the ‘cartel offence’:
Section 188 of the Act, 2002 and introduced a power to disqualify individuals from acting
as directors where their company has been found guilty of an infringement of relevant
competition law. These latter developments have shifted the focus to individual, as distinct
24 VinodDhall& Christopher Bellamy; Competition Law Today Concepts, Issues, and the Law in Practice;
Ed: 1st (2007); ISBN-13:978-0-19-568802-2; ISBN-10: 0-19-568802-3; Oxford University Press, New
Delhi; P. 386
25 Ibid
26 Ibid
Faisal Ali Khan 67
from corporate, responsibility27.
It is clear that the U.K authorities have a substantial set of powers at their disposal
to ensure that competition works well in the U.K, many of which are still relatively new.
The tangible results of these new powers have, so far been somewhat disappointing in terms
of the number of infringement decisions reached by the U.K authorities. Some powers, such
as the power to prosecute an individual for the cartel offence have not yet been exercised.
It seems likely however that the significant penalties faced by those who infringe the law
have already had some deterrent effect. As the U.K authorities become more confident
in wielding their new powers, competition enforcement in the U.K should become more
effective28.
Conclusion
In conclusion, the competition laws in the present global era that to establish the
healthy environment to the business or entrepreneurs to initiate their corporate governance
in just and equitable manner and protect the abuse of powers of the entrepreneurs/corporate
houses and these corporate governance does not create dominant position in the business
activity against the small scale industries or consumers. Besides, it is anti-thesis to the abuse
of the power and dominant position in the commercial market. The Competition, being the
fourth corner of the public policy framework, is acknowledged at large as a powerful tool
to secure efficient use of scarce resource, increase productive efficiency to give impetus to
static and dynamic efficiency of economy and step up economic growth and contribute to
the welfare of the common man.
Moreover, the Competition Act is indispensably based on four components:
(a) It prohibits anti-competitive agreements like cartels, which restrict freedom of

trade and cause consumer harm by way of limiting production and distribution of
goods and services and fixing prices higher than normal.
(b) It prohibits abusive behaviour of a dominant firm, who through its position of
dominance may restrict markets and set unfair and discriminatory condition.
(c) It regulates mergers and acquisitions of large corporations in order to safeguard
competitive markets.
(d) Mandates Competition advocacy.
27 Id at P . 387
28 Id at P . 400
The Competition Act, 2002, is,indeed, indicative of the changing economic set up of
the country. The Act, as such, has yielded startling results by co-ordinating the Competition
policy with international trade and policy. The CCI’s potent role in uncovering cartels and
anti-competitive agreements would prove to be conducive and fruitful, in encouraging fair
market practice and competition29.
The orders of the CCI reveal tremendous success of the system as well as confidence
to get rid of anti-competitive acts from the market in India. Basically, competitive laws
reflect the idea of fair play in the economy and there would be no tolerance of dominant
position in the market and prevent from abuse practice in our trade, economy and market.
It is special statutory authority which deals with such type of maters and may decide in a
cheap and speedy justice delivery system.
29 Supra note 5 at P . 123

69
Structural and Optical Properties Vivekananda Journal of Research

of Vacuum Evaporated Zinc ISSN 2319-8702(Print)
Telluride Thin Films Annealing at ISSN 2456-7574(Online)
Different Temperatures © Vivekananda Institute of Professional Studies
K.Neyvasagam, P.Nagajothi and P.Pandi
Abstract
Zinc Telluride (ZnTe) thin film of 400nm was prepared on a glass

substrate using thermal evaporation method under the vacuum
of 10ˉ5Torr. The thin film of ZnTe was annealed at 100°C, 200°C
and 300°C for 1h under vacuum atmosphere. The annealed films
were characterized by X-ray diffraction (XRD), Scanning Electron
Microscopy (SEM), Photoluminescence, and UV-VIS spectrometry.
The crystalline nature and other structural parameters like lattice
parameter, dislocation density and microstrain were analyzed by X-ray
diffraction (XRD). Surface morphology studies show that the grains
are uniformly distributed over the entire surface of the substrate. UV-
VIS spectroscopy is applied to find absorption edge in ZnTe thin film
in order to estimate optical band gap. The determined band gap was
decreased (2.60 to 2.14 eV) with increasing annealing temperature.
Keywords: ZnTe, thermal evaporated, cubic structure, XRD and band

gap.
Introduction
ZnTe is the most interesting materials for photovoltaic applications in particular

with fabrication of solar cells, photodiodes and LED[1]. ZnTe possess a cubic zinc
blende type structure with lattice constant a = 0.6103 nm. Usually, it is a material of
high absorption coefficient and shows p-type nature [2]. Many fabrication techniques like
1 Dr. K. Neyvasagam, Associate Professor, P.G and Research Department of Physics, The Madura college,
Madurai, Tamil Nadu, India Email: srineyvas@yahoo.co.in
2 Nagajothi, Research Scholar, P.G and Research Department of Physics, The Madura college, Madurai,
Tamil Nadu, India Email: srineyvas@yahoo.co.in
3 P.Pandi, Department of Solar Energy, School of Energy Sciences, Madurai Kamaraj University, Madurai,
Tamil Nadu, India Email:pandipmc11@gmail.com
70 Structural and Optical Properties of Vacuum Evaporated Zinc Telluride Thin Films Annealing at Different Temperatures
thermal evaporation [3], e-beam evaporation [4], molecular- beam epitaxy (MBE) [5], r.f.
sputtering [6], vaccum evaporation method [7] etc. have been attempted for depositing
ZnTe thin films. Among this thermal evaporation is the most promising technique because
of its high deposition rate, large area scalability, and easy preparation of a large size as
well as a high conductivity and visible transmittance. The present work is focused on the
influence of annealing temperature on structural and optical properties of ZnTe thin films.
Experimental details
The ZnTe thin film was prepared using a vacuum coating unit. The material was
placed into molybdenum boat with a small dimple at the centre to acts as a point source.
The boat was heated indirectly by passing current through the electrodes and cleaned
glass slides were used as a substrate. These glass slides were cleaned with chromic acid,
ultrasonic cleaner, soap water, distilled water and then with acetone.
After reaching high vacuum (1x10-5mbar) in vacuum chamber, slowly current was
applied to the electrodes to heat the substance.
The ZnTe powder starts evaporate to form a thin film of required thickness on a
glass substrate. The crystallite size of the ZnTe thin films were characterized by X–Ray
diffraction method (XRD) using X’PERT PRO X–ray diffractometer which was operated
at 40 KV and 30 mA with CuKα1 radiation of wavelength 1.5407Å. UV–visible spectra
were recorded in the range of 300 – 800 nm using the Schimadzu 1800 UV–VIS – NIR
spectrophotometer. The surface morphology observation and elemental analysis were done
by Quanta SEG - 200 SEM and Bruker EDAX respectively.
Result and Discussion
X-ray diffraction patterns of ZnTe thin films deposited on glass substrates are
shown in Figure 1, which illustrate that the peak is observed around at 2θ = 28.67° which
corresponds to preferred orientation along (2 0 0) plane of cubic phase. It is good agreement
with the standard JCPDS (15-0746) data of ZnTe. The annealing temperature (100°C,
200°C and 300°C) is affected the intensity of the peak (2 0 0) and also the full width at
half maximum (FWHM). Moreover first one was increased and later one decreased with
respect to annealing temperature. The increase in peak intensity and decrease of FWHM is
due to the improvement in the crystallinity of the films at different annealing temperatures.
The decrease in FWHM could be attributed to decrease in the concentration of lattice
K.Neyvasagam, P.Nagajothi and P.Pandi 71
imperfection as the micro-strain decrease within the films and the grain size increases.
The crystallite size (D) of the films was determined using the well known Debye-Scherer’s
formula (equation.1) [8],
450 100 °C
(200) 200 °C
400
300 °C
350
Intensity (a.u)
300
250 (200)
200
150
(200)
100
50
0
10 20 30 40 50 60 70 80
2θ(degree)
Figure 1 XRD pattern of ZnTe thin films of 400nm thickness annealed at temperature
100°C, 200°C and 300°C.
Kλ
D= (1)
β cos θ
Where K value is 0.94, λ is the wavelength of the X-ray (1.5407Å), β is the Full
Width Half Maximum (FWHM) and θ is the Bragg’s angle. The origin of the strain is
related to the lattice misfit which in turn depends on the deposition conditions. The micro
strain (ε) developed in the ZnTe films was calculated by using the relation (equation.2),
β cos θ
ε= ( 2)
4
The value of dislocation density (δ) of the cubic phase ZnTe thin films is estimated
from the equation 3. A dislocation is an imperfection in a crystal associated with the
misregistry of the lattice in one part of the crystal with that in another part. Unlike vacancies
and interstitial atoms, dislocations are not equilibrium imperfections, i.e. thermodynamic
considerations are insufficient to account for their existence in the observed densities. In
fact, the growth mechanism involving dislocation is a matter of importance [9].
1
δ= (3)
D2
It was also seen that the stress produced by the variation in the ionic radius of Ti
and Cu increases strain and dislocation density in Cu-TiO2 particles with the raise of dopant.
The decrease of micro stain (ε) and dislocation density (δ) at higher annealing temperatures
may be due to the movement of interstitial Zn atoms from inside the crystallites to its grain
boundary which dissipate leading to reduction in the concentration of lattice imperfections.
The micro structural parameters of ZnTe thin films deposited at different substrate annealing
are given in Table 1. The results obtained are in good agreement with the previous reported
literature [13].
Scanning Electron Microscope is a convenient method to study microstructure of

thin films. The surface of the films was analyzed with SEM, the technique that permits the
observation and characterization of heterogeneous organic and inorganic materials on a
nanometer scale [13].The ZnTe thin films show uniform surface without cracks or pinholes
and with good adhesion to the glass substrate. SEM was used for morphology and size
distribution investigations of the thin films.
Table. 1 The structural parameter and band gap of ZnTe thin film (thickness 400nm).
Annealing 2θ FWHM h k l Grain Strain Dislocation Band
temperature (degree) (degree) Plane size (D) (ε)10-3 (lin- density gap
(°C) nm m)
2 4
(δ)10 (lin/ (eV)
14
m2)
100°C 28.6992 0.5904 200 14.5 2.4945 47.562 2.60
200°C 28.6695 0.2952 200 29.0 1.2474 11.891 2.24
300°C 28.7477 0.2400 200 35.7 1.0139 7.8463 2.14
Optical band gap (Eg) was determined by analyzing the optical data with the
expression for the optical absorption coefficient (α) and the photon energy (hν) using the
Tauc relation [6].
( αhv ) = A ( hv − Eg ) ( 4)
n
Where K is a constant, the value of n is equal to 1/2 for a direct allowed band gap
ZnTe thin film. Plot of (αhν)2 verses hν were drawn using the equation.4. The amorphous
phase was reduced with increasing annealing temperature. It may be due to more energy is
supplied for crystallite growth, thus resulting in an improvement in crystallinity of ZnTe
K.Neyvasagam, P.Nagajothi and P.Pandi 73
films. Therefore, it’s believed that both the increasing in crystallite size and reduction in
amorphous phase cause are decreasing in the band gap of annealed ZnTe film.
Figure 2 SEM image of ZnTe thin films of 400nm thickness annealed at temperature (a)
200°C and (b) 300°C.
100°C
0.28 200°C
300°C
0.24
(αhυ) 2 (eV/cm) 2
0.20
0.16
0.12
0.08
0.04
2.14 eV 2.24 eV 2.60 eV
0.00
1.8 2.0 2.2 2.4 2.6 2.8 3.0
Photon Energy (hυ)
Figure 3 Tauc-extrapolation graph for ZnTe thin films for different annealing
temperatures 100°C, 200°C, 300°C.
Conclusion
ZnTe thin films of 400nm were prepared on a glass substrate by thermal evaporation
technique under the vacuum of 10-5 Torr. The thin film of ZnTe annealed at different
temperatures (100°C-300°C) for 1h under high vacuum atmosphere. The XRD patterns of
the annealed ZnTe thin film showed polycrystalline nature and have a cubic (Zinc blende)
structure with a preferred orientation along (2 0 0) plane. The SEM image have a good
appearance and useful for judging the surface structure of the coated surface. The crystallite
quality increased with increased annealing temperature which was understood by studying
the micro structural properties. The optical band gap was estimated from absorption
data. The optical band gap was decreased (2.60eV to 2.14eV) with increasing annealing
temperature.
References
[1]. S.S. Kale, R.S. Mane, H.M. Pathan, A.V. Shaikh, Oh-Shim Joo and Sung-Hwan
Han, Applied Surface Science 253 (2007) 4335–4337.
[2]. B. Rajesh Kumar, B. Hymavathi and T. Subba Rao, Chalcogenide Letters
11(10),509 – 517, 2014.
[3]. Akram K.S. Aqili, Zulfiqar Ali, Asghari Maqsood, Applied Surface Science 167
(2000) 1–11.
[4]. A.M. Salem, T.M. Dahy and Y.A. El-Gendy, Physica B 403 (2008) 3027–3033.
[5]. E Janik, P Dłuzewski, S Kret, A Presz, H Kirmse, W Neumann, W Zaleszczyk, L
T Baczewski, APetroutchik, E Dynowska, J Sadowski, W Caliebe, G Karczewski
and T Wojtowicz, Nanotechnology 18 (2007) 475606 (8pp).
[6]. H. Bellakhder, A. Outzourhit and E.L. Ameziane, Thin Solid Films 382 (2001)
30-33.
[7]. A.A. Ibrahim, N.Z. El-Sayed, M.A. Kaid and A. Ashour, Vacuum 75 (2004)
189–194.
[8]. E. Bacaksiz, S. Aksu, N. Ozer, M. Tomakin, A. O¨ zc¸elik, Applied Surface
Science 256 (2009) 1566–1572.
[9]. Essam R. Shaaban, Ishu Kansal, S.H. Mohamed and Joes M.F. Ferreira, Physica
B 404 (2009) 3571–3576.
75
The E-commerce Effect: Vivekananda Journal of Research

Analysis of ‘Lenskart’ as ISSN 2319-8702(Print)
Internet Marketing © Vivekananda Institute of Professional Studies
Chanda Dewan and Shruti Nagpal

Abstract
The process of digitization has taken over all sectors of society including
finance and commerce. The proposed research tried to look at the issues
concerning E-commerce by analysing ‘Lenskart’ as Internet marketing
website and application and also tried to explore its use(s) and effect(s)
for its consumers. The researcher aimed to conduct a survey of around
100 respondents in Delhi-NCR to statistically analyse the effects of
E-commerce and Lenskart as an online marketing portal along with
its future scope. It was analysed that the growth of E-commerce has
slowed down because of the barriers of security and intangibility of
products. The researcher gatheredinformation from primary and
secondary resources which in turn led tocontradictions between the
usage and popularity of ‘lenskart.com’ and describednew perspectives
form the marketing point of view.
Keywords: Lenskart, Marketing, Commerce, Media, Internet
Introduction
The concept of Electronic commerce has been developed rapidly over the last few
years, making it one of the technologies that is regarded as the third wave of revolution after
agricultural and industrial revolution. The effects of E-commerce are already appearing in
all areas of business. But is it possible for businesses to take place only at a virtual level?
E-commerce’s main component is that of buying and selling of goods over the
1 Chanda Dewan, Business Development Manager, Promodome Communications, New Delhi

Email Id: dewanchanda@gmail.com
2 Shruti Nagpal, Assistant Professor, Vivekananda Institute of Professional Studies, New Delhi
Email Id: shrutinagpal1@gmail.com
76 The E-commerce Effect: Analysis of ‘Lenskart’ as Internet Marketing
internet. India’s ‘lenskart.com’is one such website that ranges from a selectionof eyeglasses,
sunglasses and contact lenses. Peyush Bansal founded the E-commerce company in
2010, with the headquarters in New Delhi, India. In the last 3 years, Lenskart has seen a
remarkable growth with a 300% increase in its turnover, providing a variety of services
like try before you buy, home eye checkup, virtual eyewear studio, offers and discounts, no
questions asked exchange policy to the customers to give them a real shopping experience.
Then why did Lenskart open up stores all across India, which are present in
Delhi, Chandigarh, Pune, Mumbai, Manglore, Nagpur and many more cities. “Going
offline is important for us as an element of eye checkup is involved in our business” said
Peyush Bansal, co-founder- CEO of Lenskart. “It’s also a good way to build trust for the
brand.”These statements raise arguments that shall be further discussed in the study.
The main objectives of the research are:
 To critically analyse and assess the benefits of ‘lenskart.com’ for the consumers
 To understand the emergence of E-commerce with respect to ‘lenskart.com’ as a
marketing platform
 To focus on the effect of ‘lenskart.com’ as an online business operation and analyse
the change in the market
 To evaluate the uses and future scope of E-commerce as a platform for websites
and applications like that of Lenskart
Literature Review
E-commerce is considered as the easiest and most convenient way of conducting

business,which evolves rapidly with change and upgradation in mobile systems as well as
internet and affects the way business is conducted. Since websites like ‘lenskart.com’ focus
on the sale of a single type of product, its growth is highly questionable. With reference to
Nisha Channa and Sangeeta Goele’s ‘Future of E-commerce in India’ an overview of the
future growth segments of Indian E-commerce can be understood. According to the paper,
it is difficult to predict the future of E-commerce but various segments like travel and
tourism, electronic appliances, hardware products and apparel will show an exceptionally
fast rate of growth.
The paper discusses essential factors which will contribute to the growth of the
E-commerce Industry. Some of the factors include services like replacement guarantee,
shipment options, quick services and more which are already being provided by ‘lenskart.
Chanda Dewan and Shruti Nagpal 77
com’. ‘Understanding Digital Markets: Review and assessment’ by Michael D. Smith,
Joseph Bailey and Erik Brynjolfsson explains that as the Internet develops into a robust
channel for commerce, it will be important to understand the characteristics and price
factors of electronic markets. The study in this research has reviewed evidence that Internet
stores are more efficient than conventional storesregarding price levels. The same has been
noted further in the study with an understanding from the customer perspective.
Another research by M.M.K. Sardana,‘Evolution of E-commerce in India

Challenges Ahead’ researched that as e-commerce is growing, customers are experiencing
‘empowerment’ in marketing. By that he meant that the market players not only offer high-
end products at competitive prices but also compete amongthemselves to satisfy customer
needs through assured and timely home delivery of products as well as return of goods at no
cost to customers leading to minimal profit margins. Hence, the researcher feels that only
those who have access to capital, technology and the means to develop or hire adequate
infrastructure would sustain.
While Lenskart plans on sustaining in the market it has changed the look of online
shopping. And now, its mission of providing clear vision to all Indians has gone a step
ahead with its offline stores. In an article by Priyanka Sahay, (VCCircle,2015), Peyush
Bansal, the CEO of lenskart.com, was interviewed to know what led to the shutdown of
his previous businesses,future plans and more. When asked whether the reason behind it
was funds, Peyush Bansal explained, “Lack of funding was definitely not the reason for the
shutdown. Indeed, eyewear business itself is huge and we are seeing massive opportunities
in the space. The growth we are looking at from this segment is phenomenal. So, we are
planning to spend more time and energy on this business.”
Another article by Shravan Bhatt (Forbes India, 2014) reviewed the sales of the
business and discovered that they are not profitable yet, Ronnie Screwala says they are
80% of the online eyewear market which is growing at over 10% month on month with
their rivals being Jabong.com and myntra.com for sunglasses and GKBOptical.com for
prescription glasses.
Methodology
In this research, the data has been collected through primary sources like the
survey and the secondary data includes articles from various known online magazines
and interviews of the CEO, Peyush Bansal. It also included various journals and research
papers, which were found online.
The research aimed on achieving the objectives mentioned above through a survey,
which was divided into four parts: personal details; usage trends, which included the way
the customers use the internet; About ‘lenskart.com’, which included how the customers
are using Lenskart as part of Internet marketing and its popularity; Internet consumer
behavior, which included the perceptions of the Internet users about online shopping and
compared traditional shopping with online shopping.
Table 1: Study Demographics
Gender Age Group Popularity of Online Shopping
Male Female 16-19 20-25 26-35 36 and Yes No Depends
above
51% 49% 3% 30% 8% 39% 18% 40% 42%
Hundred respondents from Delhi within the time frame of February to April, 2016
and between the age group of sixteen and above were targeted to fill the Google forms
in order to complete the analysis (Table 1).The reason for selecting a topic based on
E-commerce and its impact is because the advancement of technology is rising at a fast pace
and the commerce industry has taken a turn in the eyes of its users as well as businesses.
Findings and Analysis
The findings of the survey indicate that 37% rarely shop online and 7% do not even
use the Internet for shopping (Table 2) whereas, 68% agree that Internet stores have better
discounts and offers available. Hence, even with the better promotional activities, people
prefer shopping traditionally. This leads us to the researchissue that if people find the online
stores have better discounts, why do they still prefer shopping traditionally?
Table 2: sage Trends
Frequency of Shopping Online Payment Methods Mobile Application
Products Use
Have, but don’t
Once in 2M
Dr. Card
Cr. Card
Monthly
Weekly
Rarely
Never
Other
COD
Yes
use
No
%
%
%
%
8 28 21 3 6 11 30 53 6 62 25 13
94% of the population is aware of ‘lenskart.com’ but only 26% of it chooses to
shop eyewear from this website. The rest either don’t prefer to shop for eyewear over
the Internet or choose other websites for the same because of better facilities or discounts
(Table 3).
Table 3: Usage Trends
Popularity of Other Websites Preferred Websites for Eyewear Shopping

Shopping Event Conveyance All None Snapdeal Lenskart Jabong Flipkart Don’t
prefer
30% 10% 3% 50 7% 1% 26% 4% 6% 63%
50% of the respondents fear shopping online because of the disadvantages of trying
the products (Figure 1). ‘lenskart.com’ which has various features and services for its users
and consumers which allows the users to try the product before buying it through a virtual
eyewear studio or in reality. This service should clear 50% of the fear of the respondents
(Figure 2). Instead where 65% are aware of ‘lenskart.com’ as a website, 58% of the
population is not aware of the services it provides. Even though many have heard about
‘lenskart.com’, a majority of them haven’t shopped from the same.
Table 4: About Lenskart

Popularity Preferable Price
Lenskart Shopping Experience
of Lenskart Range-Lenskart
Never Up to Up to Up to Above
Yes No Excellent Good Average
Shopped 1500 2500 3500 3500
94% 6% 6% 23% 6% 65% 38% 31% 18% 13%
Reasons For Shopping

Online Shopping Fear
Online
Convenience Privacy of Information
Wide Range of Products Disadvantages of Trying Products
Discounts and Offers Unknown Websites
All of the mentioned reasons Website Scamming
Other
I prefer shopping in person
12% 12%
11%
22%
9%
18%
16%
8%
50%
42%
Figure 4: Reasons for online shopping Figure 2: Fear of online shopping
This leads to a huge gap between ‘lenskart.com’s’ popularity and usage, which
further leads us to our research question. If lenskart.com offers many useful services that
solve the main problem of shopping online, why do people still prefer traditional shopping?
Marketing Perspective:
Findings depict thatLenskart has managed perfectly to market its website and
products through advertising on various platforms. It has failed to advertise in depth as
more than half (58%) of the population is not aware of its services. Lenskart can market
its services as much but how many customers are really willing to go through the entire
process rather than a drive till the store?
Process v/s services: The services that Lenskart provides are mere procedures that
a customer needs to go through. Hence, building customer loyalty should be its primary
motive rather than creating a variety of services that can provide a real shopping experience.
Internet Customer Behavior

When we discuss about the articles over the Internet, some of which are interviews
with the CEO, Peyush Bansal, it is analysed that ‘lenskart.com’ is doing very well for an
E-commerce website but the only problem that arises is that the people prefer shopping for
eyewear in person.
Now the question arises, ‘What should lenskart.com do to solve this problem
for customer satisfaction?’ Even after so many services that provide the customer with
the convenience of giving a traditional shopping feel at their comfort, they still are not
convinced.
80
68
70 65
60
51
50 45
42 40 42
40 37
34 32
30 24 26
21 21
18
20
11 10
10 6
0
Online shopping Shopping in Internet stores E-shopping does Online shopping Traditional
is fun stores is a hassel have better not ensurequality is not secure shopping is
prices and of products better anyday
discounts
Agree Depends Disagree
Figure 3: Internet customer behavior
Conclusion
It is obvious that even with a number of services available online, peopleprefer

shopping for eyewear in person. That being said, ‘lenskart.com’ wentoffline for the same
reason and reported to do well but the questions that arisefor further researches are: Do all
Internet stores need to expand their servicesby opening offline stores as well? And will the
opening of offline stores bebeneficial for the CEOs of the online store? Also, “If lenskart.
com offers manyuseful services that solve the main problem of shopping online, why do
peoplestill prefer traditional shopping?”
References
[1]. Awais Muhammad, Samin Tanzila. (2012). Advanced SWOT Analyis of E

Commerce, IJCSI Volume 9, Issue 2, No. 2
[2]. Chanana Nisha, Goele Sangeeta. Future of E-commerce in India, Proceedings of
‘I-Society 2012’ at GKU, Talwandi Sabo Bathinda (Punjab), International Journal
of computing and Business Research
[3]. Smith Michael D., Bailey Joseph, Brynjolfsson Erik (1999) Understanding Digital
Markets: Review and assessment. MIT
[4]. Sardana, M.M.K. (2007) Evolution of E-commerce in India, Challenges ahead
[5]. http://articles.economictimes.indiatimes.com/2014-09-30/news/54475323_1_
lenskart-firstcry-peyush-bansal
[6]. http://www.vccircle.com/news/technology/2015/01/08/lenskarts-peyush-bansal-
new-funding-why-he-shut-down-three-other-e-com
[7]. http://forbesindia.com/printcontent/37297
[8]. http://www.business-standard.com/article/management/lenskart-has-one-of-the-
lowest-return-rates-in-the-industry-peyush-bansal-114062200627_1.html
[9]. http://articles.economictimes.indiatimes.com/2014-09-30/news/54475323_1_
lenskart-firstcry-peyush-bansal
83
An Exploratory Study on the Vivekananda Journal of Research

Impact of Demography on the ISSN 2319-8702(Print)
Customer’s Reasons of Preference ISSN 2456-7574(Online)
For E-Banking © Vivekananda Institute of Professional Studies
Deepak Trivedi and C P Gujar
Abstract
E-Banking is the term used for new age banking system. It is also called
as online banking. E- Banking uses the internet as the delivery channel
by which to conduct banking activity, for example, transferring funds,
paying bills, viewing and checking savings account balances, paying
mortgages and purchasing financial instruments and certificates of
deposits. Online Banking is a result of explored possibility to use internet
application in one of the various domains of commerce. It is difficult
to infer whether the internet tool has been applied for convenience of
bankers or for the customers’ convenience. But ultimately it contributes
in increasing the efficiency of the banking operation as well providing
more convenience to customers. The e-banking is believed to facilitate
customers transact from one corner of the country to another corner.
But the customers carry varied reasons as a background to prefer
e-banking services. The present paper explores the major demographic
factors responsible for preference of internet banking by the customers
in the both Public Sector Bank and Private Sector Bank.
Keywords: Online Banking, Customers’ satisfaction, Customers’

preference, Public Sector Bank, Private Sector Bank, E-Banking.
Introduction
Banks are the most important service institutions in the economy of any country.
Especially, in the Indian economy it plays catalytic role in the socio-economic development
1 Deepak Trivedi, Research Scholar, Mahatma Gandhi Chitrakoot Gramodaya Vishwavidyalay, Chitrakoot,
Satna, Madhya Pradesh, India Email ID-dtrivedi24@gmail.com
2 Dr C P Gujar, Associate Professor, HOD, Business Management, Mahatma Gandhi Chitrakoot
Gramodaya Vishwavidyalay, Chitrakoot, Satna, Madhya Pradesh, India Email Id-cpgujar69@gmail.com
84 An Exploratory Study on the Impact of Demography on the Customer’s Reasons of Preference For E-Banking
since independence. It includes not only public sector but also foreign banks. After banks
nationalization (1969 and 1980) the Public Sector Banks have changed from class banking
to mass banking. With the advancement of science and technology, the modern market has
gone a buyer’s market. It is also called as customer oriented market. Advancement in the
technology and the concomitant development in communication channels have resulted in
innovation of alternative delivery channels. These have changed the way in to interface the
customers.
In the traditional banking customer has to visit the branches to carry out banking
transactions, but now they have the choice of alternative delivery channels i.e. ATMs, Credit
Cards, Debit Cards, Internet Banking, Mobile Banking, Core Banking etc. Customers are
now looking for multiple delivery channels and flexible as well as convenient working
hours where neither the clock nor the geographical locations are constraint. Therefore,
almost all Indian commercial banks are providing services through the various alternative
e-channels; it is called as ‘Alternative Banking’.
However, banks in India are struggling for the customer satisfaction so as to retain
their customers and expand their customer base for good positions in the Banking industry.
Since 1985, almost all banks are providing advanced banking services with the help of
Information and Communication Technology (ICT). Unfortunately it is realized that, ICT
based banking services are not meeting all needs of all types of customers. This phenomenon
adversely affected the perception of the customer about the Internet Banking services.
The last decade has witnessed a drastic change in the economic and banking
environment all over the world. With the economic and financial sector reforms introduced
in the country since early 1990, the operating environment for banks in India has also
undergone a rapid change. The process of deregulation and reforms in the Indian banking
system resulted in the creation of an efficient and competitive banking system. Deregulation
has opened up new vistas for banks to increase their revenues by diversifying into universal
banking, investment banking, bank insurance, mortgage financing, depository services,
securitization, personal banking etc. An inevitable result of globalization is that it increases
the soundness of financial system as a whole and facilitates global competition. At the same
time, liberalization has opened the turf to new players and brought greater competition
among banks. To survive in this completion, the information and communication technology
significantly contributed to the exponential growth and profit of financial institutions
worldwide. Technology is the key to move forwards providing integrated banking services
to customers. Indian banks have been late starter in the adoption of technology for
Deepak Trivedi and C P Gujar 85
automation of processes and the integrated banking services. But, with the global adoption
of technology, Indian banking is also at the threshold of paradigm shift due to the latest
changes. There are various factors which have played vital role in shaping the preference
of E- Banking in the minds of the customers.
Review of Literature
Rajesh (2007) in his study on Indian customer’s perception on usage of internet

banking revealed that education, gender, income play an important in usage of internet
banking. The research corroborated the conceptual framework stating that if skills can
be upgraded, there will be greater will to use internet banking by consumers. Inhibitory
factors like trust, gender, education, culture, religion, security, and price can have minimal
effect on consumer mindset towards internet banking.
Rajeev (2008) studied the Internet Banking usage from and Indian customer
perspective. The study shows that relative benefit, security concern, decision making
capability, observability, gender and age group are the major factors affecting the usage
of Internet bank services. To expand internet banking services, banks must aim younger
customer than older customers. Moreover, internet banking attracts males more than
females, irrespective of income level, due to its relative advantage over traditional banking.
Divya & Padmanabhan (2008) conducted a research on the perception of

customers towards Internet Banking in order to identify major contributing factors. They
concluded that Internet Banking is becoming increasingly popular because of convenience
and flexibility.
Gbadeyan & Akinyosoye (2011) in their research concluded that the development
and the increasing progress being experienced in the information and communication
technology have brought about a lot of changes in the banking industry, in the form of
online banking. It is now replacing traditional banking practices. Online banking has a lot
of benefits which add value to customer satisfaction in terms of better quality of services
offering and the same time enable the banks gain more competitive advantage over other
competitors. This paper identified some associated risks that seem to hinder the success
of e-banking services and thus constitute major concern to both financial institutions and
customers.
Prerna & Preeti (2011) in their studies explored the issues in mobile banking
perceived critical for adoption by both mobile banking users as well as non-users. The study
identifies certain issues pertaining to banks, mobile handsets and telecom operators viz;
mobile handset operability, security/privacy, standardization of services, customization,
downloading & installing application software and telecom service quality. The study
suggests that from consumers’ perspective mobile handset operability, security/privacy and
standardization of services are the critical issues.
Jamaluddin (2013) in his study on E-banking challenges and opportunities in

India concluded that India is still in the early stage of e-banking growth and development.
Competition and changes in technology and lifestyle in the last 10 years have changed the
face of Banking. The changes that have taken place impose on banks tough standards of
competition and compliance.
Nasimunnisa, Ayub & Sowmya (2014) banking services are inevitable for any
adult individual in the normal routine of personal and employment life. It is mostly viewed
as the only safe medium of saving money-in India. E-Banking is a serious improvement
which is considered as a great relief in this modern, constantly changing environment.
Methodology
For this purpose of investigation, the study considered the twenty branches of
Private Sector Bank (ICICI Bank) and Public Sector Bank (Canara Bank) in Gwalior. The
primary data have been collected from the customers who were a mix of Government / PSUs
employees, Professionals, Businessmen and Retired persons. A structured questionnaire
was prepared for this purpose.The total four hundred respondents were selected from
the identified banks. The data was collected by using convenient sampling method. The
statistical tools used were t-Test and one-way ANOVA.
Data Analysis and Interpretation
The data collected from the customers were classified and systematically analyzed.
The various demographic factors influencing the internet banking services have been
analyzed in detail and are presented in the following tables.
Demographic Profile of the Respondents
The demographic backgrounds of the sample respondents in five parameters are

presented in the following tables to understand the customer profiles i.e., gender, age,
education, occupation income and duration of using e-banking services.
Objectives of the study
1. To analyze the demographic factors affecting the preference of e-banking among

the customers.
2. To identify the reasons of Preference of e-banking among Public Sector Bank and
Private Sector Bank.
Table 1: Demographic Profile of the Respondents
(N = 400)
Profile Number Percentage
Male 270 67.5
Gender
Female 130 32.5
below 30 112 28
31-45 103 25.75
Age (in Yrs)
46-60 79 19.75
> 60 106 26.5
Graduate 158 39.5
Education Post Graduate 121 30.25
Professional Degree 121 30.25
Govt./PSUs 110 27.5
Businessman 115 28.75
Occupation
Professional 91 22.75
Retired 84 21
< 50000 152 38
Monthly Income (in Rs)
≥ 50000 248 62
Source: Primary Data
Analysis and Interpretation
Reasons for Preference of e-Banking
The customers’ reason of preference for e-banking services was measured in terms
of Ease of Use, Saves Time, 24×7 Any time Banking, Easy & Quick to transfer funds,
Easy to get Information regarding accounts, Easy to make Payments while Shopping and
Easy to make Payment of Utility Bills.
Objective 1: Demographic Factors Influencing Reasons for preference of E-Banking
1.1 Reasons of Preference of e-banking between Genders
In the study of 400 respondents, 270 (67.5%) were males and 130 (32.5%) were
females. The mean and standard deviation of male and female was calculated along with
the t-value against each dimension. The gender’s reason for preferring e-banking medium
is analyzed and presented in the table 2.
Table 2 :
Comparison of Reasons of Preference of e-banking between male and
femalerespondents
Male Female
(N=270) (N=130)
Std. Std.
Statements Mean Dev. Mean Dev. t-Value
Ease of Use 3.88 .339 3.76 .479 2.79**
Saves Time 3.85 .395 3.82 .427 .84NS
24x7 any time banking 3.91 .298 3.93 .255 .65NS
Easy & Quick to transfer funds 3.69 .673 3.58 .815 1.45NS
Easy to get Information regarding accounts 3.73 .551 3.70 .477 .46NS
Easy to make Payments while Shopping 3.24 .895 3.53 .717 3.23**
Easy to make Payment of Utility Bills 3.58 .627 3.62 .602 .57NS
**Significant at 0.01 level NS=Not Significant
The above tableshows that there are two out of seven factors showing significant
difference between two groups. There is significant difference in Ease of Use (t=2.79,
p ≤ 0.01) and Easy to make Payments while shopping (t=2.79, p ≤ 0.01) between
male and female respondents of both Public and Private Sector Banks. The mean of males
(Mean=3.88) is higher than the mean of females respondents (Mean=3.76) as far as the
Ease of Use is concerned. This means that the male customers of a bank are more satisfied
as compared to the female customers in case of Ease of Use is concerned and hence prefer
the e-banking services because of this aspect. Also, in the case of Easy to make Payments
while Shopping, the mean of male customers (Mean = 3.24) is lower than the mean of
female customers (Mean = 3.53). It indicates that the male customers are less satisfied with
this factor as a reason for preference to the e-banking services.
No significant difference is found in the mean values of other dimensions of client

satisfaction between male and female respondents. But it is clear from table 2 that both male
and female respondents are satisfied in the dimensions namely, Saves Time (Mean = 3.85
and 3.82), 24x7 anytime banking (Mean = 3.91 and 3.93), Easy & Quick to transfer funds
(Mean = 3.69 and 3.58), Easy to Get Information regarding accounts (Mean = 3.73 and
3.70), and Easy to make Payments of Utility bills (Mean = 3.58 and 3.62).
1.2 Comparison of Reasons of Preference of e-banking between Income Groups
In the study of given sample, 152 (38%) were respondents with income less than
Rs 50000 (Income 1) and 248 (62%) were respondents with income equal to and more than
Rs 50000 (Income 2). The mean and standard deviation of both the Income groups were
calculated along with the t-value against each factor. The comparison of reasons for various
income groups in preferring e-banking medium is analyzed and presented in the table 3.
Table 3:
Comparison of Reasons of Preference of e-banking between two Income Groups
Income 1 Income 2
(N=152) (N=248)
Std. Std.
Ease of Use 3.88 .344 3.81 .420 1.66NS
Saves Time 3.87 .358 3.82 .432 1.09NS
24x7 any time banking 3.91 .312 3.92 .267 .53NS
Easy & Quick to transfer funds 3.55 .804 3.71 .663 2.17*
Easy to get Information regarding accounts 3.68 .569 3.74 .501 .99NS
Easy to make Payments while Shopping 3.24 .876 3.39 .832 1.69NS
*Significant at 0.05 level NS=Not Significant
The data in the above table, Easy & Quick to transfer funds is a factor where there
is a significant difference between the customers of two income groups (t=2.17, p ≤
0.05). The mean is higher in Income 2 (Mean = 3.71) as compared to Income 1 (Mean
= 3.55) which means that the Customers with income of more than Rs 50000 per month
consider “Easy & Quick to transfer of funds” as a reason of preference for e-banking.
No significant difference is found in the mean value of other reasons of preference
of e-banking between the customers of two income groups. But the table 3 shows that the
customers with the income less than Rs 50000 uses Ease of Use (Mean = 3.88), Saves
Time (Mean = 3.87) and Easy to make Payment of Utility Bills (Mean = 3.61) as a
reason of preference for using e-banking services. On the other hand, customers with
monthly income more than Rs 50000 uses 24x7 anytime banking (Mean = 3.92), Easy
to get information regarding accounts (Mean = 3.74) and Easy to make Payments while
Shopping (Mean = 3.39) as a reason of preference for using e-banking services.
1.3 Comparison of Reasons of Preference of e-banking among three educational

groups of respondents (E1= Graduate, E2= Post Graduate and E3=
Professional Degree)
In the study, 158 (39.5%) of respondents were Graduates, 121 (30.25%) of

respondents were qualified with Post Graduate and 121 (30.25%) respondents were with
Professional Degree. The mean and standard deviation of all the educational groups were
calculated along with the F-value against each factor. The comparison of customers’
reason for preferring e-banking services with the three educational groups is analyzed and
presented in the table 4.
Table 4: Comparison of Reasons of Preference of e-banking among three Education
Groups of respondents (E1= Graduate, E2=Post Graduate, E3=Professional
Degree)-One Way ANOVA
E1 (N=158) E2 (N=121) E3 (N=121)
Std. Std. Std.
Statements Mean Dev. Mean Dev. Mean Dev. F-Value
Ease of Use 3.84 .399 3.83 .373 3.84 .408 .016NS
Saves Time 3.86 .365 3.81 .434 3.84 .428 .541NS
24x7 Anytime banking 3.93 .255 3.89 .337 3.93 .263 .675NS
Easy & Quick to Transfer Funds 3.62 .710 3.61 .820 3.74 .629 1.149NS
Easy to get information
3.66 .605 3.74 .461 3.78 .474 1.841NS
regarding accounts
Easy to make Payments while
3.25 .915 3.31 .784 3.48 .818 2.681NS
Shopping
Easy to make Payment of
3.54 .654 3.64 .606 3.60 .584 .798NS
Utility Bills
NS=Not Significant
No significant difference is found in the mean value of all reasons of preference
of e-banking between the customers of three different educational backgrounds. Looking
overall at the table 4, it is concluded that the customers of three educational groups prefer
e-banking services primarily because it offers 24×7 any time banking (Mean = 3.93, 3.89,
and 3.93). The customers who are Graduates give second and third importance to Ease of
Use (Mean = 3.84) and Save time (Mean = 3.86) as a reason to prefer e-banking services.
On the other hand, customers with Post Graduate qualification give second importance
to Ease of Use (Mean = 3.83) and third importance to Saves Time (Mean = 3.81) for
preferring e-banking services. The customers with the Professional Degree give both Ease
of Use (Mean = 3.84) and Saves Time (Mean = 3.84) equal importance for preferring
e-banking services. The factor which, comparatively, draws least importance as a reason
for the customers of all educational groups is Easy to make payments while shopping (Mean
= 3.25, 3.31, and 3.48).
1.4 Comparison of Reasons of Preference of e-banking among Age groups of

respondents (A1= below 30 Years, A2= 31-45 Years A3= 46-60 Years and
A4= more than 60 Years)
In the study, 112 (28%) of respondents were below 30 years, 103 (25.75%) of
respondents were between 31-45 years, 79 (19.75%) respondents were between 46-60
years and 106 (26.5%) were above 60 years of age. The mean and standard deviation
of all the educational groups were calculated along with the F-value against each factor.
The comparison of customers’ reason for preferring e-banking services with the their age
groups is analyzed and presented in the table 5.
In the below given table significant difference is found in the mean values of four
out of seven reasons of customer’s preference of e-banking services based on four age
groups. Ease of Use, Saves Time, Easy & Quick to transfer funds and Easy to make
Payments while shopping have shown significant differences at 0.01 levels in mean and
standard deviation values. It can be seen that F value is highest in case of Easy to make
Payments while shopping (f = 4.924, p ≤ 0.01), followed by Easy & Quick to Transfer
funds (f=4.574, p ≤ 0.01), Ease of Use (f=3.652, p ≤ 0.01) and Saves Time (f=3.456,
p ≤ 0.01).
Table 5: Comparison of Reason of Preference of e-banking among four Age Groups
of respondents (A1=below 30 yr, A2=31-45 yr, A3=46-60 yr, A4=more than 60
yr)-One Way ANOVA
A1 (N=112) A2 (N=103) A3 (N=79) A4 (N=106)
Std. Std. Std. Std.
Statements Mean Dev. Mean Dev. Mean Dev. Mean Dev. F-Value
Ease of Use 3.93 .259 3.76 .474 3.81 .426 3.85 .385 3.652**
Saves Time 3.94 .243 3.82 .414 3.76 .486 3.82 .453 3.456**
24x7 Anytime
3.95 .226 3.93 .253 3.91 .286 3.88 .357 1.194NS
banking
Easy & Quick to
3.46 .889 3.81 .506 3.68 .708 3.69 .681 4.574**
Transfer Funds
Easy to get
information 3.65 .581 3.74 .484 3.66 .597 3.81 .439 2.097NS
regarding accounts
Easy to make
Payments while 3.40 .875 3.53 .739 3.29 .908 3.10 .839 4.924**
Shopping
Easy to make
Payment of Utility 3.59 .679 3.54 .574 3.58 .653 3.64 .572 .439NS
Bills
The table above indicates that for all customers of the four age groups namely A1,
A2, A3 and A4 with their mean value as 3.95, 3.93, 3.91 and 3.88 respectively, 24x7 Any-
time banking is the strongest reason to prefer e-banking services. On the other hand, Easy
to make Payments while Shopping is the weakest reason for the customers of all the four
age groups to prefer e-banking services.
1.5 Comparison of Reasons of Preference of e-banking among Occupational

groups of respondents (O_1= Govt./PSUs, O_2= Businessman, O_3=
Professional, and O_4= Retired)
In the sample of respondents, 110 (27.50%) of respondents were Government /

PSUs employees, 115 (28.75%) of respondents were businessmen, 91 (22.75%) respondents
were Professionals and 84 (21%) were Retired. The mean and standard deviation of all
the occupational groups were calculated along with the F-value against each factor. The
comparison of customers’ reason for preferring e-banking services with their occupational
groups is analyzed and presented in the table 6.
Table 6: Comparison of Reasons of Preference of e-banking among four
Occupational Groups of respondents (O_1=Govt./PSU, O_2=Businessman,
O_3=Professional, O_4=Retired) - One Way ANOVA
O_1 O_2 O_3 O_4

(N=110) (N=115) (N=91) (N=84)
Std. Std. Std. Std.
Statements Mean Dev. Mean Dev. Mean Dev. Mean Dev. F-Value
Ease of Use 3.86 .345 3.85 .424 3.81 .392 3.82 .415 .371NS
Saves Time 3.85 .363 3.84 .431 3.88 .328 3.79 .493 .791NS
24x7 Anytime
3.92 .275 3.95 .223 3.95 .229 3.85 .396 2.558*
banking
Easy & Quick to
3.42 .913 3.85 .482 3.71 .655 3.62 .710 7.391**
Transfer Funds
Easy to get
information 3.47 .687 3.89 .345 3.74 .468 3.79 .441 13.514**
regarding accounts
Easy to make
Payments while 3.47 .854 3.09 .884 3.64 .675 3.17 .848 9.737**
Shopping
Easy to make
Payment of Utility 3.56 .684 3.50 .640 3.65 .565 3.69 .537 1.980NS
Bills
*Significant at 0.05 level **Significant at 0.01 level NS=Not Significant
Significant difference is found in the mean values of four out of seven reasons
of customer’s preference of e-banking services based on four occupational groups. Easy
& Quick to transfer funds, Easy to get information regarding accounts and Easy to make
Payments while Shopping have shown significant differences at 0.01 levels while 24x7
Anytime banking has shown significant difference at 0.05 levels in mean and standard
deviation values. Looking overall at the table 6, it is concluded that the mean of all four
occupational groups (3.92, 3.95, 3.95 and 3.85 respectively) as far as 24×7 any time banking
is concerned is the highest. This means that the customers of all the occupational groups
prefer e-banking services because of its factor of 24x7 anytime banking. The customers
who were Govt. /PSU employees (Mean = 3.86) and those who were businessman (Mean
= 3.84) equally give second and third importance to “Ease of Use” and “Saves Time” as a
reason to prefer e-banking services. The customers who were professionals (Mean = 3.81,
3.88) gave second and third importance to “Saves Time” and “Ease of Use” for preferring
e-banking services. The customers who were retired (Mean = 3.82, 3.79) had given “Ease
of Use” and “Saves Time” second and third importance respectively as a reason to prefer
e-banking services. The factor which, comparatively, draws least importance as a reason
for the customers of all age groups is “Easy to make payments while shopping”.
The above analysis of the impact of all the demographic factors on the reason
of preference of e-banking by customers reveal that the customers strongest reason of
preferring e-banking services is its nature of “24x7 Anytime Banking”. The other most
preferred reason for using e-banking services is its “Ease of Use” and the ability to “Save
Time”.
Objective 2: Reasons of Preference of E-Banking among Public Sector Bank and

Private Sector Bank.
2.1 Comparison of Reasons of Preference of e-banking with Type of Banks

(Public Sector and Private Sector Bank)
In the study of 400 respondents, 249 (62.25%) were respondents with Public Sector
Bank (PSU) and 151 (37.75%) were respondents with Private Sector Bank (PVT). The
mean and standard deviation of both the types of banks were calculated along with the
t-value against each factor. The comparison of customers’ reason for preferring e-banking
services with the two types of banks is analyzed and presented in the table 7.
Table 7: Comparison of Reasons of Preference of e-banking with
Public Sector Banks (PSB) and Private Sector Banks (PVT)
PVT
PSU (N=249) (N=151)
Std. Std.
Ease of Use 3.87 .340 3.79 .466 1.80NS
Saves Time 3.83 .406 3.85 .407 .55NS
24x7 any time banking 3.95 .215 3.86 .366 3.13**
Easy & Quick to transfer funds 3.61 .811 3.72 .544 1.50NS
Easy to get Information regarding accounts 3.69 .559 3.77 .468 1.50NS
Easy to make Payments while Shopping 3.30 .876 3.39 .808 1.02NS
As shown in the above table, 24x7 anytime banking is a factor where there is a
significant difference between the customers of two different types of banks (t=3.13, p ≤
0.01). The mean is higher in PSU (Mean = 3.95) as compared to PVT (Mean = 3.86)
which means that the customers with Public Sector Banks consider “24x7 anytime banking”
as a reason of preference for e-banking than the customers with the Private Sector Banks.
No significant difference is found in the mean value of other reasons of preference

of e-banking between the customers of two different banks. But the table 7 shows that the
customers with PSUs uses Ease of Use (Mean = 3.87) as a reason of preference for using
e-banking services as compared to the customers of Private Sector Banks. On the other
hand, customers of Private Sector Banks uses Saves Time (Mean = 3.85), Easy & Quick
to transfer funds (Mean = 3.72), Easy to get Information regarding accounts (Mean =
3.77), Easy to make Payments while Shopping (Mean = 3.39) and Easy to make Payment
of Utility Bills (Mean = 3.62) as a reason of preference for using e-banking services as
compared to the customers of Public Sector Banks.
Conclusion
E –banking has become important phenomenon in the banking industry and it will
continue as more progress is made in information technology. The financial industry thus
is gradually experiencing transformation from cash based system to a “paperless” system
that is more convenient and reliable. However, to make more customers prefer e-banking,
the banking industry need to bring in more technological advancement in the e-banking
services to facilitate ease of its use, to save transaction time, to access the service 24x7
anytime, to facilitate the transfer of funds easily and to revolutionize the payment system
while shopping or utility bills.
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Banking Services: A Case Study of Selected Banks in Sierra Leone. Australian
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A Customers’ Perspective. Research Journal of Finance and Accounting. ISSN
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of 23rd International Business Research Conference. Melbourne, Australia. November
18-20, 2013, ISBN: 978-1-922069-36-8.
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New Delhi, 1997.
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97
Philosophy of Equality of Vivekananda Journal of Research

Opportunity:Examination in Light ISSN 2319-8702(Print)
of the Indian Constitution ISSN 2456-7574(Online)
Sakshi Parashar
Abstract
Equality of opportunity is the most preferred notion of equality in

democratic societies. It carries with it strong belief of equal worth
of every individual and at the same time provides fair mechanism for
distribution of scare good in a society.Equality of opportunity is a
complex concept and embraces two major conceptions of formal equality
of opportunity and substantive equality of opportunity. The former is
based on the principle of formal equality i.e. anti-discrimination, merit
and fair competition, whereas, the latter is quite demanding and attempts
to compensate the individuals for different socio-economic conditions
which rendersthem without any real opportunity. Indian Constitution
embraces equality of opportunity under various provisions and impetus
on it is also reflected in the Constitutional Assembly Debates.Time and
againit has been contended that reservation for backward classes under
article 16(4) is a meansto further substantive equality of opportunity.
In contrast, the paper through philosophical discussion argues that
reservation under article 16(4) does not advance substantive equality of
opportunity and attempts to bring about equality of outcome and hence,
is an exception to article 16(1). In addition, the paper goes ahead
to critically evaluate the claim of substantive equality of opportunity
accomplished by reservation.
Keywords: Equality of opportunity, substantive equality of opportunity,

equality of outcome, backward classes, reservation.
* Sakshi Parashar, Research Scholar, Indian Law Institute, New Delhi.

Email Id: sakshi_parashar89@yahoo.co.in
98 Philosophy of Equality of Opportunity:Examination in Light of the Indian Constitution
Introduction
Equality is considered to be one of the most cherished ideals of our Constitution.

Equality before law and equal protection of laws is an important attribute of equality
embraced by the Constitution.Additionally, equality of opportunity finds a major place
in the constitutional framework.Broadly speaking, equality of opportunity has two major
conceptions namely, formal and substantive equality of opportunity.
Equality of opportunity has deep philosophical roots in the debate concerning the
form of equality to be adopted in a society. It is indeed an accepted proposition that absolute
equality or absolute liberty is unattainable and even undesirable.1
Most modern philosophers2 agree and accept that a society must treat its members
equally in certain respects or measures,however, the disparity comes in defining the
respects.3 As Rae remarks “the question is not ‘whether equality?’ but ‘which equality?’.”4
Equality before the law and equal citizenship (often referred to as ‘formal equality’) is one
such respect which is embraced by liberal democracies. Formal equality may give equal
rightsand opportunities to all, however, it is unequipped to deal with the existing social and
economic inequalities.As Frankel had cynically observed, “the rich and the poor have an
equal right to sleep under bridges”.5Hence, the question arises, “whether this equality can
be spread to economic and social spheres as well?”6
Distributive equality7, on the other hand, aims to end the social and economic
inequality through proper distribution of ‘goods’. John Rawlsin his ‘The Theory of
1 L. Z. Yamak, Liberty, Equality, and Democracy,MODERN AGE 23 (Winter, 1960-61).

2 There are some notable philosophers who negate the utility of equality in political discourse. See Peter
Westen, The Empty Idea of Equality, 95 HARVARD LAW REVIEW 537 (1982); Christopher J. Peters,
Equality Revisited, 110 HARVARD LAW REVIEW 1224 (1997).
3 Different respects include equality of welfare, equality of resources, equality of resources, equal opportunity
for welfare etc. See Amartya Sen, Equality of What?,THE TANNER LECTURE ON HUMAN VALUES
DELIVERED AT STANFORD UNIVERSITY May 22, (1979), Ronald Dworkin, What is Equality?
Part 1: Equality of Welfare, 10(3) PHILOSOPHY AND PUBLIC AFFAIRS 185-246 (Summer, 1981),
Ronald Dworkin, What is Equality? Part 2: Equality of Resources, 10(4) PHILOSOPHY AND PUBLIC
AFFAIRS 283-345 (Autumn, 1981), Richard Arneson, Equality and Equal Opportunity for Welfare, 56
PHILOSOPHICAL STUDIES 77-93 (1989).
4 Douglas Rae ET. AL,EQUALITIES,19 ( 1981)
5 Charles Frankel, Equality of opportunity in William Letwin (ed.), AGAINST EQUALITY: READINGS
ON ECONOMIC AND SOCIAL POLICY, 173 (1983).
6 Thomas Nagel, EQUALITY AND PARTIALITY, 44 (1991).
7 Distributive equality or justice deals with proper allocation of goods in a society.
Sakshi Parashar 99
Justice’8instigated a particular stream of egalitarian9 thought, the proponents of which argue
that distributive equality or justice focuses on equal opportunities.
Equality of opportunity thus, gains importance as it explains how and what goods
are to be distributed considering the diversity of human wants and capacities. Further,
equality of opportunityalso explains under what circumstances inequalities and differences
may be acceptable and justified.10
Equality of opportunity promotes a stable society, as it ensures the vertical

progression of more capable and hardworking members of society and it also resonates with
the moral pursuit of fairness, for everyone gets a fair shot in competitive activities.11For
this very reason some believe that “equality of opportunity is now the prevailing conception
of social justice in contemporary western societies.”12
Therefore, it is important to explore the philosophy, concept and various

conceptions13 of equality of opportunity and to further translate the conceptual understanding
to the spirit and provision of the Indian Constitution. The paper intends to explore,whether
the current regime of reservations or quotas for the backward classes (includes scheduled
caste/tribe and the other backward class or the socially and educationally backward class)
in appointment and admission qualifies as a method to achieve equality of opportunity.
The paper does not focus on merits and demerits of reservation or its historical evolution,
the focal point remains the philosophical relationship between equality of opportunity and
reservation within Indian context.
Concept of equality of opportunity
Friedman contends that equality of opportunity finds its real meaning in the French
8 John Rawls, A THEORY OF JUSTICE, (Revised Edition, 1999).
9 Egalitarianism is a thought process in political philosophy which favours equality of some sort, where the
society marks absence of hierarchy and people are considered equal. See James Woodburn, Egalitarian
Societies in John Gowdy (ed.), LIMITED WANTS, UNLIMITED MEANS, (1998).
10 Supra note 5 at 178.
11 Ibid.
12 Francisco H. G. Ferreira and Vito Peragine, Equality of opportunity: Theory and evidence, available
at:http://www.ecineq.org/milano/WP/ECINEQ2015-359.pdf (Last Visited on Aug, 10, 2017)
13 The is a basic difference between ‘concept’ and ‘conception’ of equality has been explained by Dworkin
as “At first level agreement collects around discrete ideas that are uncontroversial employed in all
interpretations, at the second the controversy latent in this abstraction is identified and taken up. Concepts
are phrased in such a high level of abstraction that possible disagreements about the interpretation and
implementation are concealed. Only when they are made more concrete, that is translated into conceptions,
these disagreements come into force”. See Ronald Dworkin, LAW’S EMPIRE, (1988).
expression “a career open to the talents”14. Simply put,it implies that distribution of goods
should not be based on arbitrary barriers or irrelevant attributeslike birth, colour, religion,
sex, etc. and talent or abilitiesshould remain as the sole determining criteria.15Equality
of opportunity is a complex concept and has many underlying assumptions linked it to it.
Hence, to fully comprehend this concept, it is imperative that we scrutinise its essential
ingredients.
Scarce goods
William Galstong has rightly observed that notions of justice and equality are
ultimately dependent upon individuals, who are, honoured or dishonoured in the distribution
of contested goods. This“insistence on the individual as the bench mark of justice is essential
to the principle of equality of opportunity.”16
Clearly, equality of opportunity is connected directly with distribution of goods.

Hence, it is essential to first understand the meaning of ‘goods’, and what goods are subject
to distribution.Goods have been construed in two ways i.e. goods which are a product of
social and economic cooperation, and other goods like, natural resources.17 The former are
considered as the ‘goods’ to be distributed. This can be linked to John Rawls idea of ‘social
primary goods’, which he explains as “what persons need in their status as free and equal
citizens, and as normal and fully cooperating members of society over a complete life.”18.
Hence, ‘goods’ is a wide term, encompassing a wide range of social and economic benefits
like rights, liberties, income, wealth, opportunities, self- respect etc .19
It is well accepted that every person is entitled to equal rights and liberties in
liberal democracies. However, equality of opportunity comes into play when scarce goods
need to be distributed.Bernard Williams finds equality of opportunity important under two
circumstances, firstly, when the goods are limited, but are required by if not all at least
large numbers of people across all sections of society, secondly, the goods are the kinds
14 Milton Friedman, Rose Friedman, FREE TO CHOOSE: A PERSONAL STATEMENT, 132 (1990).
15 Ibid.
16 William Galstong, A liberal defence of equality of opportunity,in Loius P. Pojman and Robert Westmoreland
(eds.), EQUALITY SELECTED READINGS 170 (1997).
17 Gosepath, Stefan, Equality in Edward N. Zalta (ed.), THE STANFORD ENCYCLOPEDIA OF
PHILOSOPHY (Spring 2011 Edition), URL, available at: https://plato.stanford.edu/archives/spr2011/
entries/equality/ (Last Visited on Aug. 10, 2017).
19 Ibid. In his view primary social goods broadly include rights, liberties, and opportunities, and income and
wealth and self- respect.
Sakshi Parashar 101
which people may be said to earn or achieve, and are such that “not all the people who
desire them can have them”.20
William Galstong explains on similar lines by conceiving two principles of modern

liberal society. The first one contends that basic goods should be distributed as per need,
where the need of all individuals is equally important. Second contends that scarce goods
should to be allocated to individuals through a fair competition, which is equality of
opportunity in his view.21 Michel Rosenfeld’s discussion of equality of opportunity also
revolves around goods that are scare in nature.22
Opportunity
John Rawls explanation of ‘social primary goods’ also includes ‘opportunity’.

Opportunity in general parlance means “agood chance for advancement or progress”23 or
“an occasion or situation that makes it possible to do something that you want to do or have
to do, or the possibility of doing something.”24 Hence, opportunity denotes a strong chance
and possibility in favourable direction.
Peter Westen discusses the concept by asserting that it has three hidden elements.
The first being the agent, or class of agents to whom the opportunities belong, second
element is the goal or set of goals, for which the opportunities are provided. Third element
is the relationship that connects the agent and the opportunity.25
He further explains ‘opportunity’ as“something less than a guarantee, it is something

more than a mere possibility.”26This signifiesthat there are no obstacles between a given
agent and a given goal.”27According to his view, equality of opportunity prevails when the
agents are free not just from same obstacles, but relevant obstacles. As per his explanation
20 Bernard A.O. Williams, The Idea of Equality, in EQUALITY SELECTED READINGS, supra note 16 at
97.
21 Supra note 16.
22 Michel Rosenfeld, Substantive Equality and Equal Opportunity: A Jurisprudential Appraisal, 74(5)
CALIFORNIA LAW REVIEW 1687 (1986).
23 Opportunity, Merriam Webster Dictionary, available at: https://www.merriam-webster.com/dictionary/
opportunity (Last Visited on Aug. 12, 2017).
24 Opportunity, Cambridge Dictionary, available at: http://dictionary.cambridge.org/dictionary/english/
opportunity (Last Visited on Aug. 12, 2017)
25 Peter Westen, Concept of Equal Opportunity in EQUALITY SELECTED READINGS, Supra note 16 at
159.
26 Ibid.
27 Ibid.
“no two people can have an equal opportunity to attain a specified goal by every measure
of opportunity unless they are both guaranteed the result of attaining the goal if they so
wish.”28 Hence, Westen brings out an important point which states that opportunity is equal,
when the persons or group are free from obstacles relevant in achieving a particular goal.
Non-discrimination
An essential attribute of equality of opportunity is the non-discriminatory principle,

which means elimination of formal barriers fromaccess to goods and positions, based on
arbitrary factors.29The non-discriminatory principle is reflected in the work ofBernard
Williams, who suggests that equality of opportunity needs to be envisaged by a society to
ensure that the good can be allocated on grounds that do not “a priori exclude” anyone who
desires it. He explains ‘a priori exclusion’ by stating that no person should be excluded
from an opportunity to acquire a good, on irrelevant grounds.30
Non-discrimination is an essential component of equality to opportunity. However,

equality of opportunity as a concept is not against “hierarchyper se, it is opposed caste
hierarchy”.31It is presupposed that hierarchy exists in a society of “more and less desirable”,
“superior and inferior positions”, however these social positions are based on merit and
competition as opposed tosocial hierarchy fixed by birth. 32
Merit and competition
Principle of equality of opportunity presupposes a sharp distinction between

the natural endowments of individuals and their social environment. William Galstong
considers differences of social background impermissible determinants of social outcomes
in contrast to natural differences of talent and abilities. This distinction brings out the
relevant and the irrelevant reason for treating individuals in a certain manner33.This point
is further reflected when Rae points out that “equality of opportunity is usually constructed
in terms of the provision of equal means i.e., equal rules and equal tools, so that unequal
28 Id. at 161.
29 Joshua E. Weishart, Transcending Equality versus Adequacy, 66 STANFORD LAW REVIEW 477 (2014).
31 Arneson, Richard, Equality of Opportunity in Edward N. Zalta (ed.), THE STANFORD ENCYCLOPAEDIA
OF PHILOSOPHY (Summer Edition, 2015), available at: https://plato.stanford.edu/archives/sum2015/
entries/equal-opportunity/ (Last Visited on Aug. 20, 2017).
32 Ibid.
Sakshi Parashar 103
talents are revealed and unequal prospects of success will result.”34
Clearly, equality of opportunity maintains a social hierarchy driven by merit and

competition and excludes all irrelevant factors which might act as obstacles to achieve a
particular goal. Open competition is fundamental to the idea of equality of opportunity.35
However, competition as the foundation of equality of opportunity has been often
appreciated but at the same time criticised by some. William Galstong justifies the equality
of opportunity as a principle of efficiency, desert and personal satisfaction.36 He asserts that
community is likely to achieve its goals when the most capable individuals are allowed to
perform the tasks which further the goals.37
John Schaar, on the other hand considers the principle of competition embedded in
equality of opportunity, as very conservative, for it values or develops only those talents
which are valued by the society at a given time, thereby “implying prior acceptance of an
already established social-moral order.”38 In his view, equality of opportunity is the product
of a competitive and fragmented society39and unjust towards persons who are by nature
unsuited for competition.40William Galstong retorts by stating that the community rests
on some form of agreement and the principle of competition is also a form of agreement
accepted by the community.41
Few essentials points can be extracted from the above discussion. First, equality
of opportunity is used as a normative principle of equality in case of distribution of scarce
goods and opportunities. Second, equality of opportunity disregards arbitrary or irrelevant
factors while allocating the goods and hence, adopts non-discrimination principle. Third,
equality of opportunity embraces merit and natural talent for allocation of goods. Lastly,
competition is the mechanism through which the goods are distributed.
Types of equality of opportunity

35 Andrew Mason, LEVELLING THE PLAYING FIELD: THE IDEA OF EQUAL OPPORTUNITY AND
ITS PLACE IN EGALITARIAN THOUGHT,2 (2006).
36 Supra note 16.
37 Id. at 176.
38 John S. Schaar, Equality of opportunity and beyond, in EQUALITY SELECTED READINGS,supra note
16 at 138.
39 Id. at 141.
40 Id. at 145.
41 Ibid.
The idea of equality of opportunity is quite complex, which is reflected in the words
of Andrew Mason, who observes that “Equal opportunity for all, is a fine piece of political
rhetoric but the concept that supposedly lies behind it is slippery to say the least.”42 The
concept of Equality of opportunity carries with it mainly two conceptions. Scholars refer
to these two conceptions with different names;however, they are commonly referred to as
“formal equality of opportunity” and the “substantive equality of opportunity”.43
Roemer has very clearly, explained the two conceptions. First conception i.e. formal
equality of opportunity, which he refers to as the “non-discrimination principle”,implies
that all individuals who have attributes relevant for performance of the required duties
should have equal chance to compete for the position. Physical and social attributes like
race or sex etc.will be irrelevant for deciding the eligibility of the individual.44 Second
conception, substantive equality of opportunity supports “levelling the playing field”, which
encourages taking positive steps at the initial level or during the period of formation so that
all individuals who have the potential are able to compete to the best of their abilities.45
G.A. Cohen in his work46 identifies three different levels of equality of opportunity.
The First one, he calls the “bourgeois equality of opportunity”, which like the Roemer’s
non-discrimination principle works on removal of “status restrictions, both formal and
informal, on life chances” like slavery, racial prejudice.47 The second aspect he refers
to “left-liberal equality of opportunity” whichaims to neutralize circumstances of birth
and upbringing i.e. social and economic disadvantages. The deciding factor is “native talent
and their choices” as against the social background.48The third level is “socialist equality of
opportunity”, which “treats the inequality that arises out of native differences as a further
injustice”, as differences in talents and abilities are inherent and beyond the responsibility
of the individuals. Hence, in case of socialist equality of opportunity, any difference of
outcome is due to different taste and not natural and social reasons.49 The first conception
reflects the formal equality of opportunity, whereas the last two substantial equality of
opportunity.
“Fair equality of opportunity”, put forwardby Rawls reflects to some extent the
42 Supra note 35.
43 Supra note 31.
44 John E. Roemer, EQUALITY OF OPPORTUNITY, 1 (1998).
45 Ibid.
46 G.A. Cohen, WHY NOT SOCIALISM,(2009).
47 Id. at 14-15.
48 Id. at 16
49 Id. at 17.
Sakshi Parashar 105
substantive equality of opportunity which shall be discussed further in the paper. Hence,
formal equality of opportunity is the less demanding in comparison to substantive equality
of opportunity.50
Formal equality of opportunity
Formal equality of opportunity draws its importance from the historical phrase,
“careers should be open to talents”. According to this principle, every person has equal right
to access to advantaged social positions.It implies that “no legal orotherwise institutional
barriers to individuals’ ability to pursue careers andother competitive positions.”51
Formal equality of opportunity has also been termed asa “simple concept of equality
of opportunity”. It requires that social positions are to be subject to open competition.52This
form of equality of opportunity“impedes arbitrary exclusion of any person from the
competition or from attaining their desired form of merit.”53 Hence, it demands that
advantageous positions should be open to all and the persons should be judgedonly on their
merit after a fair competition.54 The aspect of non-discrimination, merit and competition
emerge as the essence of formal equality of opportunity where physical or personal
characteristics of individuals play no role determining their entitlement to any social gain
or benefit.55
It has been observed that formal equality of opportunity can be implemented in

various types of social settings like market economy and private ownership, autocratic
society, communist society till the time the advantageous positions are open to all without
any form of discrimination and selection is dependent relevant criteria on merit basis.56
Formal equality of opportunity has been criticised by many egalitarians. Rawls

contends that that formal equality of opportunity was insufficient to achieve distributive
justice.57Peter Westen’s narrow conception of equality of opportunity has also been
50 An Introduction to Equality of Opportunity, Stanford University, available at: https://edeq.stanford.edu/

sections/equality-opportunity-introduction (Last Visited on Aug. 25, 2017).
51 Shalomi Segall, EQUALITY AND OPPORTUNITY, 3(2013)
53 Michel Rosenfeld, AFFIRMATIVE ACTION AND JUSTICE: A PHILOSOPHICAL AND
CONSTITUTIONAL INQUIRY,28 (1991).
54 Supra note 50.
55 Supra note 29 at 488, 489.
56 Supra note 31.
57 Supra note 55.
criticised for considering ‘opportunity’as mere absence of certain relevant obstacles. Michel
Rosenfeld finds this view deficient as some opportunities require “more than mere negative
freedoms.”58
Formal Equality though has been subject to criticism as it presumes a level playing
field and ignores the existing social realities where some groups are more empowered
than some other groups and hence formal equality in said to implicitly legitimate existing
hierarchies59. Hence, formal equality of opportunity fails to address private discrimination,
implicit bias, and unequal distributions of resources60.
Substantive equality of opportunity
Formal equality of opportunity overlooks, social and economic inequalities,

which in effect lead to unequal access of individuals to such positions. Thomas Scalon, is
referring to formal equality of opportunity, when he describes equality of opportunity as
‘weakly egalitarian’, as it focuses mainly on fair competition which can at times result in
large inequalities.61Substantive equality of opportunity, in addition to fair competition also
ensures equality at the point of entry and envisages a level playing field.62
Bernard Williams explains the lacunae of the formal equality of opportunity by

giving an example of a hypothetical society which was dominated for generations by a
warrior class from wealthy strata of the society. If such a society implements reforms
though formal equality of opportunity and allows membership in the warrior class through
competition, even then wealthy families will continue to gain as against the lower classes
because the children of the lower classes continue to be undernourished and weak as against
the wealthy class. Hence, the hypothetical case brings out that even though there was no
discrimination the conditions under which each class prepares for the competition denies
the lower classes a meaningful opportunity to succeed. In such a case, “the supposed
equality of opportunity is quite empty-indeed, one may say that it does not really exist.”63
Therefore, equality of opportunity demands more than a procedurally fair competition
59 Courtenay W. Daum Eric Ishiwata, From the Myth of Formal Equality to the Politics of Social Justice:
Race and the Legal Attack on Native Entitlements, 44 LAW & SOCIETY REVIEW 843 (2010).
60 Supra note 50.
61 T.M. Scanlon, The Diversity of Objection to Inequality, THE LINDLEY LECTURE, KANSAS UNIVERSITY,
1996, available at: https://pdfs.semanticscholar.org/858e/dbee5f2d9433315899cee0e8bc9329b0351e.pdf
(Last Visited on Aug. 25, 2017)
62 Supra note 51.
63 Supra note 20 at 99-100.
Sakshi Parashar 107
but also a meaningful opportunity to develop qualifications necessary for success in the
competition.64
Hence, substantive equality of opportunity discards “a priori exclusion”65, meaning

thereby, it not only rejects exclusion of individual from an opportunity on any grounds
other than the ones relevant to the good being distributed, at the same time also ensures that
every personhas an equal chance of satisfying the conditions or grounds to access the good,
irrespective of the section of society from which the person comes.
Substantive equality of opportunity gains relevance when differentsocio-economic

conditions render some people without any real opportunity of success.66Hence, substantive
equality of opportunityaims to neutralize “inequalities of status and birth, and allows only
differences in fitness and talent to replace the disparities in privilege as the key factor in
allocating coveted scarce goods; which in turn is likely to produce increased opportunities.”67
Substantive equality of opportunity, is reflected in the Rawls’s “fair equality of

opportunity”, which is when “those who are at the same level of talent and ability, and
have the same willingness to use them, will have the same prospects of success regardless
of ...the income class into which they are born.”68 Hence, this indicates that fair equality
of opportunity balances the effects of social circumstances.69
Substantive equality of opportunity does not only promote an equalising policy,

but also a redistributing policy.70It has been aptly remarked that the principle, rather than
requiring “that reality fit existing legal equality interpretation, could transform inequality
by recognizing substance the reality of inequality as what it is.”71
Hence, the purpose of an equal-opportunity policy, in Roemer’s opinionis to

level the playing field. This requires that individuals be compensated for the differential
circumstances which obstructs them from achieving or have access to the kind of advantage.
Roemer considers an example of decent education to all individuals as essential for equalising

65 Supra note 20.
66 Supra note 22 at 1707-1708.
67 Id. at 1702.
69 Id. 18 at 86.
71 Catharine A. MacKinnon, Substantive Equality: A Perspective, 96(1) MINNESOTA LAW REVIEW 27
(2011).
opportunity for attaining access to good life.72
William Galstong endorses substantive equality of opportunity by asserting that

within every community certain kinds of talents and abilities are generally treasured,
“being excluded from an equal chance to develop the means one is unlikely to have much
of exchange value with other.” Therefore, equality of opportunity acknowledges these
pre-requisites to full participation in social competition and it therefore legitimates social
intervention needed to permit full participation73.
Substantive equality of opportunity is reflected in the theories of luck egalitarians74,

mainly Cohen75, Dworkin76 and Arneson77, who advocatethat people should be compensated
for differences circumstances affecting the access to advantage, however, the inequalities,
which are due to the different choices people make, are not to be compensated. They
emphasis the idea of personal responsibility, as individuals should be held accountable
for the choices they make. In effect they maintain that inequalities emerging as a result of
different choices are consistent with notion of level the playing field and justice.78
Normally substantive equality of opportunity, aims to neutralize the social and

economic inequalities ensuring a level playing field. However, some philosophers consider
that substantive equality of opportunity should also consider natural talent among factors
that should not influence the distribution of burdens and benefits. This in a way is most
demanding version of equality of opportunity, and requires a radical redistribution of
wealth to both,those less naturally talented and to those who are otherwise disadvantaged
through no fault of their own.79 Cohen’s “equality of opportunity for welfare” “, reflects
this version.On similar lines, some have exclaimed that “if we are genuinely interested in
ameliorating undeserved inequalities, we should reject formal equality of opportunity. For
73 Supra note 16 at 178-179.
74 Luck egalitarians believe that individuals should possess distributive shares in accordance with their
choices for which they are responsible and be compensated for disadvantages they have because of their
circumstances for which they are not. Anderson and Scheffler have referred to these philosophers as luck-
egalitarians.
75 G.A. Cohen, On the Currency of Egalitarian Justice, 99 ETHICS 906 (1989).
76 Ronald Dworkin, SOVEREIGN VIRTUE: THE THEORY AND PRACTICE OF EQUALITY,73(2000);
Ronald Dworkin, What is Equality? Part 2: Equality of Resources, 10(4) PHILOSOPHY AND PUBLIC
AFFAIRS 283-345 (Autumn, 1981).
77 Richard Arneson, Equality and Equal Opportunity for Welfare, 56 PHILOSOPHICAL STUDIES 77-93
(1989).
79 Supra note 50.
Sakshi Parashar 109
there to really be equality of opportunity, we should remove all the effects of bad fortune
on our lives, at least in so far as this is feasible.”80
This distinction is further, elaborated by Shalomi Segall. It is contested that

substantive equality of opportunity seeks to level the playing field by neutralizing
socio-economic inequalities, ‘radical equality of opportunity’ (as the author terms it)
supplementsthat requirement by also neutralizing inequalities that are owed toindividuals’
natural attributes.The ideal thus holds that individuals should not be disadvantaged bytheir
lesser natural endowment.81
Hence, this form of substantive equality of opportunityis extremely demanding and

even tries to neutralise the arbitrary aspect of talent, for some are naturally less talented
than others with no fault of their own. Whether, this extreme form of substantive equality
of opportunity can be implemented in a society needs to be deliberated as it requires
substantial redistribution and is likely to encroach upon the individual freedom, especially
of persons who have acquired wealth through their intelligence and merit.82
This discussion reflects that how pregnant the concept of “equality of opportunity”
is. Various philosophers have time and again encumbered it with more egalitarian element.
Which form of equality of opportunity needs to be implemented by the society depend upon
the vision and its objectives. As Michel Rosenfield has commented:83
[E]qual opportunity encompasses many different kinds of equalities, including

equalities of prospects and equalities of means. Achieving equality of opportunities
sometimes requires only formal equalities; at other times it demands commitment to the
establishment of fair equalities. On some occasions, equality of opportunity is satisfied by
the removal of the same specified obstacles for all the members of the relevant subject class.
Elsewhere, however, it is satisfied only by tolerating certain marginal inequalities, such as
distribution of different goods to different members of a relevant subject class.
Equality of outcome: Anti-thesis of equality of opportunity
One point which is very apparent from the above discussion is that equality of
80 Martin Hevia and Joel Colon- Rios, Contemporary Theories of Equality: A Critical Review, 74(1)
REVISTA JURIDICA UPR 133 (2005).
82 Supra note 50.
opportunity expressly rejects equality of outcome.84 Even the debate among egalitarians
over “equality of what?” is common on the point that they reject any strict notion of
equality of outcome.85
Equality of outcome as a conceptdemands that at the end all have the same or similar
allocation of desirable scarce resources.86It necessarily implies redistribution ofgoods in
order to secure actual economic and social equality.87 It means that individuals have same
share of goods, not merely a chance to obtain them.88Rot Hattersley describes equality of
outcome as the “belief that those who fall behind in the race should not be told that they
had their chance and failed, but should be given a new impetus to run on.”89Thus, equality
of outcome demands greater equality in social and economic sphere among all persons.
Mark Bell has drawn a very clear distinction between the two concepts. According
to him, equality of opportunity seeks to put less advantaged individuals in a position to
compete on an equal basis for access to jobs, educational opportunities, and services. He
expresses that “the focus is on remedial measures, such as targeted training programmes...
they are designed to compensate for present or past disadvantage, thereby creating a level
playing field.” Equality of outcome instead “aims to ensure proportional representation of
all groups”.90
Proponent of equality of outcome, Shalomi Segall opines that, opportunities (say

for X) are not of ultimate interest to the individual. The ultimate interest lies in X itself,
hence the egalitarians need to focus on the outcome which is of ultimate importance to the
individual.91
On the other hand, many philosophers articulate that equality of outcome should
be rejected in order to embrace equality of opportunity, as it is a clear attack on the liberty
of individuals. Mark Bell asserts that equality of outcome conflicts with liberty and any
84 Jiwei Ci, Do Liberal Egalitarians Really Believe in Equality Given their Commitment to Equality of
Opportunity? in Uwe Steinhoff (ed.) DO ALL PERSONS HAVE EQUAL MORAL WORTH: ON BASIC
EQUALITY AND EQUAL RESPECT AND CONCERN,177 ( 2015).
85 Id. at 176.
86 Wojciech Sadurski, EQUALITY AND LEGITIMACY, 81(2008).
87 Kenneth Janda ET. AL., THE CHALLENGE OF DEMOCRACY: AMERICAN GOVERNMENT IN
GLOBAL POLITICS, 326 (2011).
88 Equality of Outcome, Stanford University, available at: https://edeq.stanford.edu/sections/equality-
outcome (Last Visited on Sep. 20, 2017).
89 Jane Franklin (ed.), EQUALITY, 23 (1997).
90 Mark Bell, RACISM AND EQUALITY IN THE EUROPEAN UNION,37 ( 2008).
Sakshi Parashar 111
attempt to promote it would necessary imply government imposed restrictions on the liberty
of individuals.92As compulsion is required, if everyone is to be kept on a certain level
of whatever is being equalised.93Similarly, Milton Friedmen and Rose Freidman oppose
equality of outcome by saying that “A society that puts equality in the sense of equality
of outcome ahead of freedom will end up neither equality not freedom.”94The focus shifts
from rules to results and from freedom to coercion as the state imposes some predetermined
pattern of income and wealth distribution on the free-market process.95
Further, equality of outcome ignores the elements of ‘responsibility’,96‘choice’,

‘talent’ which is an essential aspect of equality of opportunity.Gordon Brown, while
referring to equality of opportunity had contended that, “some inequalities can be justified
by effort and desert and efficiency. It secures more equal society and is also key to economic
prosperity”.97Whereas, equality of outcome aims equal share of goods to all individuals,
irrespective of ‘responsibility’, ‘choice’ etc. As Shalomi Segaal, a strong supporter of
equality of outcome has asserted that as soon as responsibility begins to play a role, there
will be “absence of ‘equality’, the one and only thing that egalitarians care about”.
Another reason for rejecting equality of outcome is that some causes of unequal
outcomes are legitimate and unequal outcomes do not always mean unequal access to
opportunity.98Anne Phillips, supports equality of outcome, as a measure to determine the
equality of opportunity. In her view when the outcomes are different, the valid explanation
is that the opportunities were themselves unequal.99This argument is often rejected as
individuals differ in relevant respects like ability, motivation and interest, consequently
leading to different outcomes.100Further it has been contended that equality of outcome
presumes uniformity of character, of preferences or of ability, hence suffocating the
individuality.101 Thus, the idea of equality of opportunity necessarily results in inequality of

95 James A. Dorn, Equality, Justice, and Freedom: A Constitutional Perspective, 34 CATO JOURNAL 491
(2014).
97 Supra note 89.
99 Anne Phillips, Defending the Equality of Outcome, 12(1) JOURNAL OF POLITICAL PHILOSOPHY 1
(2004).
100 John Gingell and Christopher Winch, PHILOSOPHY OF EDUCATION: THE KEY CONCEPTS,76
(1999).
101 Supra note 88.
outcomes, as it gives an equal opportunity to be unequal.102
Considering the serious defects with equality of outcome, substantive equality of

opportunity, is considered as the correct approach to achieving genuine equality, as it is a
balance between purely formal equality of opportunity and the equality of outcome.103
Indian Constitution: Reservation of backward classes
Indian Constitution embraces mainly two forms of equality, i.e. equality of status and
of opportunity, which are very well reflected in its preamble. Equality of status is emulated
within Article 14, Article 15 which lays down the anti-discrimination principle.104Equality
of opportunity, finds specific mention within article 16(1), which states that all citizens shall
have equal opportunity in matters of public employment.105 In addition, directive principles
of state policies require the state to minimise the inequalities in income, and endeavour to
102 Equal Opportunity Commission Report: What, Why and How?, Expert group on Equal Opportunity
Commission, Ministry of Minority Affairs, Government of India, available at: http://www.minorityaffairs.
gov.in/sites/default/files/eoc_wwh.pdf (Last Visited on Sep20, 2017).
104 Art. 14, THE CONSTITUTION OF INDIA, 1950-
The State shall not deny to any person equality before the law or the equal protection of the laws within
the territory of India.
Article 15, THE CONSTITUTION OF INDIA, 1950-
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place
of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be
subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public
restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats,
roads and places of public resort maintained wholly or partly out of State funds or dedicated to the
use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and
children.
(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special
provision for the advancement of any socially and educationally backward classes of citizens or for
the Scheduled Castes and the Scheduled Tribes
105 Article 16, THE CONSTITUTION OF INDIA, 1950-
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment
to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or
any of them, be ineligible for, or discriminated against in respect of, any employment or office under
the State....
(4) Nothing in this article shall prevent the State from making any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in the opinion of the State,
is not adequately represented in the services under the State.
Sakshi Parashar 113
eliminate inequalities in status, facilities and opportunities.106
Article 16 (2) provides that no citizen shall be discriminated on grounds of religion,

race, caste, sex, descent, place of birth, residence in respect of public employment.
Hence, this provision establishes the presence of formal equality of opportunity within the
Constitution. On the other hand, Article 16(4) allows the state to reserve posts in favour of
any backward class of citizens which, are not adequately represented in the services under
the State.Constituent Assembly added article 16(4) to uplift socially, educationally and
economically that section of the society which was discriminated for social, economic or
political reasons.107
This provision saw various interpretation and subsequent amendments over

the course of time. Initially, the trend of the Supreme Court was towards maintaining
a more colourblind view while interpreting Article 15 and 16.108However, this view
changed later on and now ‘caste’ is considered as the criteria for determining the
backwardness.109Subsequentamendmentsperpetuated reservation to promotions as
well.110The paper shall not trace the constitutional and judicial developments pertaining to
reservation and shall focus only on analysing reservation vis-a-vis equality of opportunity.111
Normally, Article 16(4) is seen as the provision furthering substantive equality

of opportunity112.There is no doubt that the our Constitution promotes and envisages
106 Article 38, THE CONSTITUTION OF INDIA, 1950-

(2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate
inequalities in status, facilities and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different vocations.
107 Jayant Lakshmikant Aparajit, EQUALITY AND COMPENSATORY DISCRIMINATION UNDER THE
INDIAN CONSTITUTION,(1992).
108 Reservations, Equality and the Constitution – I: Origins, available at: https://indconlawphil.wordpress.
com/2014/01/19/reservations-equality-and-the-constitution-i-origins/(Last Visited on Sep.20, 2017).
109 Indra Sawhney v. Union of India,AIR 1993 SC 477
110 Article 16(4A), THE CONSTITUTION OF INDIA, 1950-
Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of
promotion, with consequential seniority, to any class] or classes of posts in the services under the State
in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not
adequately represented in the services under the State.
111 The paper deliberately restricts the discussion to Article 16(4) and does not encroach on to Article 15(4)
which also enables reservation in admission and universities. The main reason is that the paper tries to
restrict the scope only to equality of opportunity, which is explicitly mentioned in Art 16(1) and not Art
15(1).
112 Various judgments of the Supreme Court observed Article 16(4) as a provision furthering substantive
equality. See State of Kerala v. N.M. Thomas, (1976) 2 SCC 310, Indira Sawhney v. Union of India,
(1992) Supp 3 SCC 215, Nagaraj v. Union of India, (2006) 8 SCC 212.
substantive equality of opportunity through other Constitutional provisions and various
social justice policies, however, the paper argues that reservation under article 16(4) and
subsequent amendments, leads to equality of outcome, which is contrary to equality of
opportunity envisaged by the Constitution. This argument will be supported on following
reasons.
Reservation/quota as equality of outcome
Reservation as implemented in India serves to ensureadequaterepresentation, if

not proportional representation. As mentioned above, Mark Bellconsiders this, a form of
equality of outcome.113Similarly, Anne Philip observes that when state imposesrules and
regulations ensuring equitable distribution between men and women or white people and
black, it is basically stepping into the discourse of equality of outcome. In her opinion
quotas or reserving some minimum number of positions for women is nothing but the action
of the State to ensure equality of outcome.114Taking the same logic, reserving certain seats
or posts for members of certain groups is nothing but equality of outcome. Reservation or
quotas necessitate that opportunities are allocated in pre-determined manner in proportion
to the members of the groups which are considered under allocated, hence pursuing equality
of outcome.115
Even if look at substantive equality of opportunity, it does not reserve jobs,

positions or opportunities, but maintains that socio-economic reasons will not lead to loss
of opportunity for otherwise talented individuals. The idea is that every individual has
equal access to opportunities. By this logic, reservation or quotas do not figure within the
framework of substantive equality of opportunity. Substantive equality of opportunity focuses
on corrective measures, and hence aims to compensate for present or past disadvantage,
thereby creating a level playing field etc.
B. R. Ambedkar, while debating in the Constituent Assembly had put forward

three points of views on addition of article 16(4). First was that equality of opportunity has
to be maintained. Second was that in order to implement the same, there should not be any
kind of reservation of any sought for any class or communities. Third point of view is that
although in principle equality of opportunity has to be maintained, but some provision for
entry of such classes should be made. He attempted to create a balance between equality of
113 Supra note 90.
114 Supra note 99.
115 Sarah Naylor, An Examination of whether the use of Positive Discrimination can be Justified, 14 UCL
JURISPRUDENCE REVIEW 201 (2008).
Sakshi Parashar 115
opportunity and demand of communities, while restricting the reservation to the minority of
seats.116 What can be observed from Ambedkar’s statement is that he is referring to ‘formal
equality of opportunity’ in the first part and reservation as an exception to the same and not
substantive form of equality of opportunity.
Hence, it is contended that Article 16 (4) is an exception to the 16(1) which ensures
equality of opportunity to all citizens. This aspect has been a subject of discussing in many
Supreme Court judgments. Initially, the Supreme Court, maintained the view that Article
16(4) and 15 (4) are exceptions to the clause (1) of the respective articles. However, a change
in the attitude was brought through State of Kerala v. N.M. Thomas,117 wherein, Krishna
Iyer J. held that Article 16(4) was not an exception to clause (1) or (2). Similaroutlookwas
adopted prominently by Chinnappa Reddy, J. in A.B.S.K. Sangh v. Union of India,118 and
finally this issue was settled by Indra Sawhney v. Union of India,119opining that Article
16(4) is not an exception rather a way to achieve equality of opportunity. M.P. Singh in
concurrence to the judgments opined that Article 16(4) furthers equality of opportunity
guaranteed in clause (1).120
This argument, in my view does not hold good in light of the views arrives at in the
initial part of the paper. Reservation cannot be explained as a mechanism of implementing
equality of opportunity, even the wider conception of substantive equality of opportunity.
Bacchi has also asserted that measures like quotas are exception within anti-discriminatory
laws, or formal equality.121Thus, at the theoretical level, quota or reservation policy is
against the principle of equal opportunity.122
Another reason why reservation does not reconcile with substantive equality of
opportunity is that reservation unavoidably implies compromise on the aspects of principle
of merit and efficiency. This aspect has been discussed by C.M. Jariwala, who has criticised
reservation in higher education for lowering the standards of qualification for reserved
category students. He expressly appreciates the move the Supreme Court in the Preeti
116 Constitutional Assembly Debates, vol. VII at 700-702.

117 State of Kerala v. N.M. Thomas,(1976) 2 SCC 310.
118 A.B.S.K. Sangh v. Union of India,1981 SCR (2) 185.
119 Indra Sawhney v. Union of India,AIR 1993 SC 477.
120 Mahenendra P. Singh, Are Articles 15(4) and 16(4) Fundamental Right?,3 SUPREME COURT CASES
JOURNAL 33 (1994).
121 C. Bacchi, Arguing for and against quotas in D. Dahlerup (ed.), WOMEN, QUOTAS, AND POLITICS,
32-51 (2006).
122 Shirin M. Rai, Democratic Institutions, Political Representations and Women’s Empowerment: The Quota
Debate in India, 6 DEMOCRATIZATION84 (2007).
Srivastav Case,123 which attempted to restore meritocracy over mediocrity.124Marc Galanter
has further observed that “If reservation implies inferior service to the public and the
public’s interest is paramount, the scope for reservation might be severely restricted at least
in regard to “responsible public offices”.125
Let us take the case of The United States of America,which like India embraces
equality of opportunity126 and supports affirmative action programs for uplifting the racially
discriminated classes. It is important to note that segregation on racial basis was legitimate
in America till the landmark Judgment Brown v. Board of Education,127 which invalidated
the age old “separate but equal doctrine” and stated that the segregation of blacks and white
was unconstitutional and violative of the 14th Amendment. America, unlike India does not
have a constitutional provision asserting affirmative action, however such policies derive
their legality from Title VII of the Civil Rights Act, 1964.128
Major development was brought about in the affirmative action regime with the
pronouncement of a landmark judgement in Regents ofUniversity of California V. Bakke129
, where the United States Supreme Court allowed affirmative action policy in the University
which considered race as one of the criteria in the admission policy, at the same time
rejecting any strict quotas. Views of Justice Powell gain importance as he of the view that
equal protection clause does not permit explicit quotas or reservation, unless the institution
can show they have a compelling reason. He further observed that constitutionality of the
affirmative action plan depends upon its purpose and structure.
123 Preeti Srivastav v. State of M.P.,(1999) 7 SCC 120.

124 C.M. Jariwala, Reservation in Admission to Higher Education Development and Direction, 42(2)
JOURNAL OF INDIAN LAW INSTITUTE 204 (2000).
125 Marc Galanter, COMPETING EQUALITIES: LAW AND BACKWARD CLASSES IN INDIA 423
(1984).
126 In the United States, the Civil Rights Act, 1964 forbids discrimination on the basis of sex as well as race in
hiring, promoting, and firing. Title VII of the Act created the Equal Employment Opportunity Commission
(EEOC) to implement the law.
127 Brown v. Board of Education,347 U.S. 483 (1954). This judgment overruled the judgment of Plessy
v. Ferguson, 163 U.S. 537 (1896), however dissenting opinion of Justice Harlan is of great relevance,
where he rejected the Court’s view that racial discrimination was a justifiable basis for classification of
people and suggested that any differentiation on the basis of race would be deemed unconstitutional. See,
Nicole Lillibridge, The Promise of Equality: A Comparative Analysis Of The Constitutional Guarantees
Of Equality In India And The United States, 13 WILLIAM. & MARY BILL RIGHTS JOURNAL 1301
(2004-2005).
128 Laura Dudley Jenkins, Race, Caste and Justice: Social Science Categories and Antidiscrimination Policies
in India and the United States, 36 CONNECTICUT LAW REVIEW 747 (2003-2004).
129 Regents of University of California v. Bakke,438 U.S. 265(1978).
Sakshi Parashar 117
Hence, Bakke judgment along with other important judgments130 of the United States
Supreme Court has set a solid foundation of affirmative action, which invalidates a rigid policy
and allows flexible and individualistic race conscious policies as constitutional.131Hence,
strict quotas/reservation is unconstitutional within the affirmative action jurisprudence of
United States.
Thomas Nagel, who is a supporter of affirmative action in United States supports

the view that proportional quota for jobs that do not require high level of qualification, is
justified and will be a weak form of affirmative action, but where proportional quota is used
for positions or levels which require high level of qualification and education, then takes a
form of strong affirmative action and not legitimate.132This leads us to the conclusion that
substantive equality of opportunity can be achieved through other measures andenforcement
of strict quotas leads to equality of outcome.
Reservation doesn’t lead to substantive equality
The second argument which is intended to be put forward is that even if we

theoretically consider reservation as a means to achieve substantive equality of opportunity,
it has practically failed to achieve the objective in the last more than six decades. As
mentioned above, substantive equality of opportunity of opportunity works to level the
playing in such a way that individual achievement is independent of the social or economic
circumstances, and is only dependent on the effort or choice. The main issues to be analysed
is that whether reservation has led to levelling the playing field and establishing substantive
equality of opportunity?
‘Caste’ as on the today is the predominant criteria for providing reservation, despite
explicit mention in article 15(4) and Article 16(4), as a ground for non-discrimination.
Vinay Sitapathi negates any constructive connection between reservation and substantive
equality of equality of opportunity. He provides five reasons for the same.133 Firstly, the sole
130 Grutter v. Bollinger, 539 U.S. 306 (2003), Gratz v. Bollinger, 539 U.S. 244 (2003).
131 Mark W. Cordes, Affirmative Action after Grutter and Gratz, 24 NORTHERN ILLINOIS UNIVERSITY
LAW REVIEW 691 (2003-2004).
132 Thomas Nagel, Testimony before the Subcommittee on the Constitution of the Senate Judiciary Committee
on June 18, 1981. In his view weak affirmative action consists of steps taken by the state to ensure equal
opportunity for discriminated members of the society. These efforts included special training programs to
help them meet the standards for admission or appointment etc. Strong affirmative action consisted of those
actions of the state which provide for clear preference for members of discriminated group for access to
educations, jobs etc.
133 Vinay Sitapathi, Reservation in Sujith Chaudhry (ed.) ET. AL., THE OXFORD HANDBOOK OF THE
INDIAN CONSTITUTION,763 (2016).
emphasis on ‘caste’ as the criteria of backwardness, where there are other factors, which
lead to inequalities existing in the society. Secondly, OBCs contain several homogenous
classes, different from each other and government has failed to take the same into account
while giving them reservation. Further, non-removal of castes and poor implementation
of creamy layer leads to negation of substantive equality. Thirdly, the lack of proper data
makes it difficult to identify the groups which are unequal in reality. Fourthly, reservation
can still be justified for SC/ST, however reservation of OBCs which consists of many
unequal groups is contrary to substantive equality. Lastly, reservations policy has been
largely driven by Parliament. Since parliamentary debates on reservations reveal no vision
of substantive equality, it seems presumptuous to attribute doctrine after the fact. Further,
it has also been argued that the idea behind reservation was to ensure representation of a
minimum percentage of backward classes so that they get fair share in power.134
Further, there are studies which indicate that reservation has not assisted the
beneficiaries in the way they were intended to be, especially in case of SCs. As per a
recent study, there is serious lack of awareness about reservation in some parts of the
country.135Ghanshyam Shah in his work has expressed that untouchability is practised in
one form or another in almost 80 per cent of the villages surveyed.136
As per one of the statistics, SCsconsists of 16.2% of the total Indian population,
however, their control over the resources of the country is restricted to less than 5%.
Further, close to half of the dalit population is below poverty line, and 62% illiterate.137
It has further been observed that reservations for SCs helps to fill in lower categories of
jobs, in contrast to high positions and technical education institutions.138 Centre for Study
of Social Exclusion and Inclusive Policy (CSEIP), Mangalore University, in their study
“Discrimination and social exclusion: A study on the development experience of dalits
in Karnataka” reflected that 93% dalit families still live below poverty line.139Similarly, a
134 M. L. Mathur, 1 ENCYCLOPAEDIA OF BACKWARD CASTES 111 (2004).
135 Nidhi Khurana, The Way Forward for the Caste Based Reservation in India, THE WIRE(April 24, 2017),
available at: https://thewire.in/127629/caste-based-reservations-india-way-forward/ (Last Visited on Sep.
20, 2017).
136 Ghanshyam Shah, UNTOUCHABILITY IN RURAL INDIA(2006).
137 Navarsajan 2009 - Dalit Human Rights Organization, available at: https://newint.org/books/reference/
world-development/case-studies/inequality-dalits-in-india/ (last visited on Sep. 22, 2017)
138 Sukhadeo Thorat and Chittaranjan Senapati, Reservation in Employment, Education and Legislature-
Status and Emerging Issues, INDIAN INSTITUTE OF DALIT STUDIES, 2 (5) Working Paper Series
(2007), available at: http://www.dalitstudies.org.in/download/wp/0705.pdf(last visited on Sep. 25, 2017).
139 93% dalit families still live below poverty line, says survey, TIMES OF INDIA(Oct. 28, 2012), available
at: https://timesofindia.indiatimes.com/city/mangaluru/93-dalit-families-still-live-below-poverty-line-
says-survey/articleshow/16987809.cms (Last visited on Oct. 28, 2017).
Sakshi Parashar 119
study conducted in 2010 by Aimee Chin and Nishith Prakash, also reflects that increasing
the share of seats reserved for Scheduled Tribes has significantly helpedin reducing poverty,
whereas increasing the share of seats reserved for Scheduled Castes has had no impact
on poverty.140Aswinin Deshpande sums up the situation by observing that “given that a
large proportion of dalits continue to be mired in conditions were studying up to the point
where they could possibly become eligible for quotas is a pipe dream, this could lead to
differentiation within beneficiary communities.”141
The data shows the failure to ensure fair and equitable distribution facilities among
different sections of the beneficiaries. There are studies which reveal that reservation has
improved the percentage of SCs in universities and public appointments142, however these
benefits have remained concentrated at the top and have not permeated downward in the
hierarchy at the grass root level.143Sociologists have pointed out that wherever groups have
taken advantage of this policy, it has been due to political initiatives taken by the leaders.144
The experience of the execution of reservation reveals its ineffectiveness amongst the lowest
of the low as“the policy has helped in the creation of a new schism and in the perpetuation
of the old ones.”145Dr. Pratap Bhanu Mehta, though supports affirmative action but remarks
that such a policy focused on distribution of limited state resources is bound to fail. “The
current system is not about equal opportunity, it is about distributing the spoils of state
power strictly according to caste, thus perpetuating it.”146None of the evidences lead us to
the conclusion that reservation has helped in achieving substantive equality of opportunity.
The inclusion of reservation in the promotion, further, highlights the failure of

reservation at the University and appointment level to give access to equal opportunities. As
has been argued by Madahav Khosla, “if outcomes indicate....that equality of opportunity
140 Aimee Chin and Nishith Prakash, The Redistributive Effects of Political Reservation for Minorities:
Evidence from India, NATIONAL BUREAU OF ECONOMIC RESEARCH, Cambridge,Working Paper
16509, Oct., 2010, available at: http://www.nber.org/papers/w16509.pdf (last visited on Nov.14, 2017).
The study analysed data from 16 major Indian states for the period between 1960-2000.
141 Ashwini Deshpande, From Formal to Substantive Equality, Exclusion, Discrimination,Disparity: A
symposium on emerging patterns of social inequality in India (Aug. 2015) available at: http://www.india-
seminar.com/2015/672/672_ashwini_deshpande.htm (Last Visited on Sep. 25, 2017).
142 Samarth Bansal, Reservation in higher education works as intended: Study, THE HINDU(Sep.16, 2017),
available at: http://www.thehindu.com/todays-paper/tp-national/Reservation-in-higher-education-works-
as-intended-Study/article14391396.ece (Last Visited on Sep. 25, 2017).
143 Vimal P. Shah and Binod C. Agrawal (eds.), Reservation: Policy, Programmes and Issues 124 (Rawat
Publications, Jaipur, 1986).
144 Id. at p. 161.
145 Id. at p. 128.
146 Bhanu Pratap Mehta, Affirmation without Reservation, 39(27) ECONOMIC AND POLITICAL WEEKLY
2951(July, 2004).
is not met by entry-level quotas then the necessary logical response has to be to improve
access to opportunities rather than to fix outcomes.”147
Further, continued increase in the number of castes within the OBCs (castes
which are socially and educationally backward) list goes to denote that despite reservation,
backwardness is increasing rather than decreasing. So, far no caste has ever been removed
from the list of OBCs (at least by the legislature), which leads to the plausible conclusion
that reservation has not resulted in uplifting the castes. The recent Supreme Court judgment
Ram Singh v. Union of India148, brings out the political consideration operating in the
reservation policies. Even castes, which are not socially and educationally backward, are
given reservation due to political benefits. Recent judgments of the Supreme Court as well
as high courts have149 tries to curb this practice and confine reservation only to socially and
educationally backward castes.
In addition, agitation by dominant castes in various parts of the country, for

inclusion in the list of OBC, shows a different picture of reservation. These agitations have
led to huge loss of property and law and order problems. Further, demand for the benefits
of reservation has often led to clashes amongst various communities and castes as well.
These facts denote the lacunae existing in the reservation system. It is hard to
conclude that reservation has acted as a mechanism to attain substantive equality of
opportunity. Reservation, at best has uplifted a section of these castes, leaving behind the
ones lower in the hierarchy. To ensure substantive equality of opportunity emphasis needs
to be on individual upliftment, better and free primary and secondary school education,
remedial classes, training programs which will allow all sections of the society irrespective
of socio- economic status to meet the level of efficiency and merit.
Conclusion
Equality of opportunity, as against equality of outcome, celebrates individual

responsibility and choice and consequently allows individuals to reap the benefits of
147 Madhav Khosla, Promotion quota seeks Equality of Outside, THE HINDU (Sep. 12, 2012), available
at:http://www.thehindu.com/opinion/op-ed/promotion-quota-seeks-equality-of-outcome/article3886017.
ece(Last Visited on Sep. 22, 2017).
148 Ram Singh v. Union of India, (2015) 4 SCC 697.
149 Gurvinder Singh v. State of Rajasthan, Civil Writ Petition Nos. 1645, 2795 and 1511/2016, Rajasthan
High Court, decided on Dec. 9, 2016. The Rajasthan High Court quashed a law and notification issued
by the government of Rajasthan which provided 5% reservation to Gujjars and four other castes under the
Special Backwards Classes (SBC) category. The court observed that reservation should not be provided to
achieve political goals as it results in caste based agitation to bargain with the government.
Sakshi Parashar 121
their efforts. It embraces a non-discriminatory policy, which focuses only on merit in
a procedurally fair competition. Substantive equality of opportunity, emerged as the
more acceptable form of equality of opportunity, which in addition to non-discriminatory
principle, encumbers the state to neutralize socio- economic inequalities and allows only
differences in fitness and talent as the key factor in grant of opportunities.
Equality of opportunity, is an important aspect of Indian Constitution, however,

reservation as a concept furthers equality of outcome and not opportunity. Considering
this, reservation was intended as an exception to equality of opportunity and not a form of
substantive equality of opportunity. The paper in contrast to the ratio of various judgments
contends that art 16(4) is an exception to art 16(1). In addition the paper argues that even
if we consider reservation as a mechanism to achieve substantive equality of opportunity, it
has failed in its purpose to do so. Restriction of reservation benefits mostly to the top section
of the beneficiaries and poor socio-economic status of SC even after years of reservation
does not signify substantial equality of opportunity. Further, reservation in promotion and
demand of reservation by certain dominant castes shows the down side of reservation and
its minimal effects on achieving substantive equality of opportunity.
122
Comparative Analysis of Vivekananda Journal of Research

Network Analysis Software ISSN 2319-8702(Print)
Applications ISSN 2456-7574(Online)
Meenu Chopra and Cosmena Mahapatra
Abstract
Online communities formed on various online social networking sites

like Facebook, Twitter, and Google+ are mostly visited sites on the
Internet. Among them, the Facebook is mostly used by the number of
online users for their interaction purpose. This online site contains
immense information about the users and the connections among them.
To predict and mine valuable data from these immense interpersonal
social networks, special Network Analysing Software Applications
(NASA) are required that can effectively display the structure of these
online social networks and their informal communities. Many of these
NASA analytical tools are freely available in the market with their own
particular set of advantages and features. To hand pick one of these tools
for a specific undertaking task is hard to choose. Our aim is to study
and explore the few Network Analysing Software Applications (NASA) -
Gephi, NodexXL, IGraph and Pajek in terms of graphic features, input
file format, graph types and used and their time complexity. Online
Social Networks (OSN) can incorporate anything going from family,
companions, classes, objects, effective and important online users or
members, the arrangement of such online networks can be found by
utilizing the connections between the individuals of the network, which
are important to research and academic works, to accomplish these
cases, online social networks ought to be analysed by using various
network analysis software applications (NASA). Most of these network
analysis applications or tools generally come in either graphical User
Interfaces (GUIs) or packages in the format of programming/ scripting
1 Dr. Meenu Chopra, Assistant Professor, Vivekananda Institute of Professional Studies, GGSIPU, New
Delhi Email: meenu.mehta.20@gmail.com
2 Cosmena Mahapatra, Assistant Professor, Vivekananda Institute of Professional Studies, GGSIPU,
New Delhi Email: cosmenavips@gmail.com
Meenu Chopra and Cosmena Mahapatra 123
language. These social network analysis tools are capable and extensible
and can able to analyse and visualize huge big and complex data
networks, central or disconnected or isolated important information
can be just found by graph network visualization techniques. In this
paper, we explore and examine few important tools for social network
analysis are presented and compared to their capabilities.
Keywords: Graphical User Interface (GUI), Online Social Networks

(OSN), Network Analysis Software Applications (NASA)
Introduction
Online Social Networks (OSN), defined as the network of connections or

relationships, are immensely popular these days to build social networks on platforms like
Twitter or Facebook. These networks can be between members belonging to an academic
group, family, an on-going project or an athletic team.
OSN is characterized by Nodes and Edges, where nodes refer to actual people
online and edges denotes the connections between these realpeople. Hence, more the
number of nodes and edges in an OSN, more complex is the mathematical graph structure
demonstrating the relations between them (Mislove et al., 2007).The concept of OSN has
been around for a long time in the form of colouration, electronic communications network
and phone call networks, but has gained popularity in a small period of time with millions of
users collaborating on network platforms like LinkedIn, Twitter and Facebook (Carrington
et al., 2011).
Social Network Analysis (SNA)a, a distinct areaapplied in the fields of commerce,

data- sciences, academics, financial market and likes, has developed from the mathematical
principles of Statistics, Graph Theory and Measurement.It attempts to alleviate doubts
regarding characteristics of social network, for e.g. identifying pioneer users and/or
followers; studying the formation of communities or groups; recognizing essential members
or exception/outliers in a group; detecting critical connections, etc.For a small sized social
network, manual analysis can be done, but to analyse complex and vast OSN system like
the real world social networks, Network Analysis Software Application (NASA) can be
employed. The physical layout of a real world social network is similar to the topology of a
graph and thus a social graph with NASA or graph analysis tools can be used for analysis.
Yet, the shortcoming with graph analysis tools is their inability to manipulate and perform
statistical analysis on enormous data created due to innumerable nodes and edges.Further,
124 Comparative Analysis of Network Analysis Software Applications
multiple attributes of nodes and the ever changing size of the networks makes the data
dynamic making graph analysis tools inadequate.
The objective of this research paper is to observe, explore and compare selected
tools for online social network graphs. The tools included for study are Gephib,c, IGraphd,e,
NodeXLf and Pajekg,h. The measures of outcome are graph properties, effectiveness,
efficiency and visualization highlights.
In this paper, some tools are examined, explored and compared for online social
network graphs. We have considered a few tools, in particular, Gephib,c, IGraphd,e,
NodeXLf and Pajekg,has outcome measures as graph properties, effectiveness, efficiency,
and visualizations highlights.
Social Network Analysis& Social Network Mining in SNS
Social Networking Sites (SNS), an internet based software, allow users all over
the globe to connect and share similar interests with each other (Boyd and Ellison, 2008).
Launched initially for document sharing or indulging in fun, like looking out long lost
school mates, its eventual growth happened with the mushrooming of a host of applications
such as MySpace, Facebook, Twitter and so on (Nickson, 2009).
To sign up on the large and systematic system of SNS, a prerequisite of creating

a public or controlled profile is there which enables the user to avail provided services.
Through input of some basic yet important information, a user gets segmented in the system
and a public profile, that gives an open access to one and all, gets created. For the sheer
pleasure of socializing and easy communication, privacy of personal data is sacrificed.
Comparing data from Facebook and MySpace, Dwyer et al. (2007) concluded that unlike
face to face relationships, trust issues are not a priority in associations formed on SNS.
Post sign up, the user initiates interacting with other users and thus forms extended
relationships, casually termed as friends. More the associations, greater the updates
received and larger the personal network (Douglis, 2010). The latter is also influenced
by the amount of activity that a user performs within the network (Boyd, Ibid). There can
never be zero social network activity which means that it has implications of bringing about
changes in SNS too (Qiu et al., 2009). This principle can be exploited to unearth valuable
data for certain ends like, in big organizations such as varsities, covert actions of students
can be studied and analysed for better handling and control.
Social Network Analysis
A methodical approach of investigating OSNs through examination of social

structures is called as SNA. It characterizes the network dynamics in terms of the Hubs
(representing the nodes within the network) and ties (representing the relationships and flow
between the nodes). These ties could belong to acquaintance network, kinship network,
professional networkand friendship networks (Qiu et al., Ibid).
OSN analysis can help achieve following objectives:
a. Determining the structure of the OSN

b. Obtaining statistical values for creating a social graph. These parameters could
be, the number of nodes and ties/edges, centrality, graph diameter, betweenness,
modularity, shortest path, clustering coefficient (CC), transitivity, strong and weak
communities within the network and average degree.
c. Distinguishing small from vast communities in the OSN.
d. Representing the social network, in part or full, through Graph
Several authors have published their results of analysing different kinds of OSNs
to examine the user’s activity pattern and their correlation with other users of the social
network (Monclar et al., 2011; Akhtar et al., 2013; Zelenkauskaite et al., 2012; Li, 2010).
Procedure of SNA could be carried out in two ways, namely Complete Network
Analysis (CAN) and Personal/Ego Network Analysis (PNA or ENA).CAN is obtaining
information regarding all the connections between a set of nodes in a given social network.
Analytical methods like comparability analysis (equivalence, subgroup analysis) and
measures like centrality (Betweenness, closeness and degree) require Complete Network
Analysis (Dekkar, 2005). On the other hand, ENA/PNA is the process of assessing and
describing the quality of a person’s network in terms of behaviour and its variation. The
ego or the nodes, on a social graph, could represent the individual actor(s), its associations
or the entire community.
Users’ varied activity patterns and their personal relationship flows with other
network users, in regards to OSN, have been examined and documented by different
authors. Brandes has delineated the theoretical relationship between different nodes or
actors, of a social network represented on a graph as, G = (V,E) where V denotes actors
and, E is potential attributes or relations between nodes (Akhtar et al., Ibid).
Hence, authors, having vested interests could conduct the analysis from various
aspects unearthing hidden fundamentals or properties in a social network, thus defining
the purpose of Social Network Analysis, which is discovering the obscure data in a social
network (Monclar et al., Ibid).
Social Network Mining
Applying the principle of data mining to identify cryptic or covert patterns of

information for the purpose of studying and manipulating it, is called as Social Network
Mining (SNM). For instance, regular updates on the user’s profile or status could be key
details for mining and establishing a pattern of the user’s location and actions.
SNM is utilized to extract significant knowledgeof apparently inconsequential

particulars widely spread across an enormous database. This database could contain
objects such as individuals, a phenomenon, enterprises and other probable objects that
are associated with each other (Jensen and Neville, 2002). Application of SNM could be
spotted across diverse organizations; for illustration, SNM is successfully implemented in
defence and intelligence sectors to provide knowledge about any potential security threats
to the country. A notable case is employing network mining in military systems to predict
and neutralize any potential terrorist attacks in countries like USA (DeRosa, 2004).
Data for Study
Chopra and Madan (2013) demonstrated the presence of vital users in social media
networks and also various relationships that exist between these networks and their posts.
In order to comprehend the format of online social media networks, implementation of
NETVIZZi application (Chopra et al., 2015) has been done to gather dataset related to
online social networking group “ – School of Information Technology” created onpopular
social networking site Facebook. It is a “closed” public group with members visible to
all users across Facebook platform, and having shared posts and remarks. Presently, the
group has 367 members and 6468 edges, dedicated to share knowledge related to education,
faculty, higher education professionals or those related to academics. The dataset collected
from this source has been used for our study, i.e. comparative analysis of NASA.
Network Analysis Software Applications (NASA)
SNA is done using the technique of NASA, a systematic method of observing,

examining, and identifying nodes (knowledge, information, groups)and edges(interactions)
derived from varying sources and formats inclusive of scientific or mathematical models
of OSN. Myriad applications can be found for acquiring and examining social graphs.
The objective of our study is to manipulate and visualize the Big Data through the existing
NASA tools, and further to demonstrate the analysis of social media network which here
refers to population comprising of scholars and other users.
The prerequisites for network analysis are knowledge about the domain, technological
skills and practical understanding about exploring online social media datasets. On the
other hand, conventional or empirical techniques utilize programming languages for the
purpose of network analysis. There is a growing need for non programmatic or graphical
event-based interfaces as the field of network graduates to less computational and algorithm
related areas. The NASA tools are helpful here by extracting or distributing the dataset,
to be used further for analytical causes after it has been comprehended. Inthe current
situation, the open reservoir of free deliberations, general media sharing systems and the
private networks was the focal of attention. In this day and age, one has the facility of
storing large volumes of personal data such as emails, instant messages, shared folders and
chat logs through a number of web based social network services. Our study has focused
to investigate some of the applications of network analysisin order to examine the social
media network data sets. Evaluating user data from media like Facebook have the ability
to present a framework depicting the cumulative structure and outlook from user’s point
of view.
NASA, with rich graphical user interfaces (GUI) and a storehouse of metrics,
can assist in providing solutions to a lot of queries like type of patterns produced by user
activity on social media network; the relation between user and other members in the group;
role playing such as critic, post author, friend or ego; probable factors (demographics,
chat phrases, topics of conversation etc.) which has lead to initiation of connections
with other users on the network; group behaviour on the network and so on. Our aim is
to investigate NASA, an uncomplicated and effortless application (there is no need for
technical programming like coding and command line execution features), accepted by the
vast section of researchers to study OSN for the purpose of data analysis and visualization
(Batagelj, 1998; Freeman et al., 2006).
Two types of NASA are available, one format for GUI and the other for programming
language or scripting. The GUI format is relatively un-challenging, extendable, robust and
well documented. These are called as Gephi, Node-XL,Pajek etc. The other format of NASA
i.e. programming package is recognized for superior functioning, proper documentation but
still tricky to learn.Many NASA tools are incorporated to determine network characteristics
like, Betweenness diameter, community detection, shortest path,radii and CC. Through
NASA, nodes and edges can be created and graphic visualization is done. The latter permits
easy comprehension of network dynamics and assist in identifying connections, timelines,
unconnected node and strength of connections.
In the current study, SNA has been done through tools selected on the basis of
platform, visualization features, file format, open source, language implementation, the
volume of input data, statistical measures and graph theory. The parameters of network
graph were diameter, density, centrality, degree of hubs, Betweenness measurement etc.
Algorithms supported by these tools support the measurement of cyclic tree, the weight of
edges, etc. j, k Tools selected, from the vast repository and collection of applications,i.e.
INSNAl(Global Network for Social Network Analysis), for study are NODE-XL, Gephi,
IGraph, Netvizz and Pajek,chosen on the basis of open access to use them and their ability
to deal with large complicated networks. Though all NASA tools are in GUI configuration,
they can be incorporated into programming language as well. Among the selected tools,
GUI format NASA are Gephi, Node-XL, Netvizz and Pajek while IGraph is a package
based application. The goal of our study is to utilize various tools of NASA, as depicted
in Figure 1, for “explicit” data manipulation, graphing and visualization through bilateral
analysis. A brief insight into each of NASA tools as follows.
NASA
IGRAPH PAJEK NODEXL GEPHI

Figure 1: Various Network Analysis Software Applications (NASA) Tools
Comparison between NASA Tools
Social network analysis (SNA)tools differ in characteristics, with Gephi and Pajek
having the ability to operate independently of other software while IGraph and Node-XL
being the package or libraries. One can run Gephi, Pajek and Node-XL for Windows but
has to have Python or R or C library for SNA. Gephi can manage up to 150000 nodes
where IGraph, Node-XL or Pajek has the capacity of dealing with more than 1 million
nodes.
Table 1. Comparative analysis of NASA tools
For designing online social network graphs in SNA, algorithms are required.
Prominent and current algorithms like Kamanda Kawai or Fruchterman Reingold are found
in Pajek or IGraph. Gephi, the leading software has many favourable features relative
to others, like potential to create a graphical interface that is more user friendly, e.g.
Features of Photoshop. Besides this, Gephi also supports another well known algorithm
Force Layout. Though effortless to use and efficient for the visualization of small graphs, it
can be ineffectual when complex and huge groups come into the picture. In such situations,
either IGraph or Node-XL can be administered, Pajek and Gephi, both are limited in action
to small datasets.
Four different types of network graphs have been categorized in SNA, namely, one-
mode network, two-mode network, multi-relational and temporarily. In one-mode network,
a single set of nodes is present with its ties connecting each node to the other. In two-mode
network, two sets of nodes are present and nodes of one set can have connections with
nodes of another. For multi-relational network, there will be various types of relationships
between the nodes. While analysing one-mode or two-mode networks, any of the NASA
tools can be employed. However, in case of developing and dynamic graphs, tools like
Node-XL or Pajek will be utilized. Table 1 depicts the comparative features of four social
networks described in terms of input file formats and graphical features.
Conclusion and Summary
This research paper discusses different Network analysis software applications for
the analysis of social media networks. OSNs like Facebook, etc. have gained much popularity
with billion users worldwide, hence making it necessary to devise and set research models
for such collaborative networks. This study employs NASA tools for empirical purposes
and bore no contractual relationship with any of IT firms. Two conclusions stood out, i)
NASA tools are interoperable and the obtained data can easily modify and collaborate with
external software, other databases, internet based services and third party vendors. ii) The
outcomes generated by NASA are such that their framework or matter changes with time
and therefore suggest a time bound component.
NASA’s independently operable tool could prove valuable for network visualization
of thousands of nodes as well as for conversion of data. IGraph package, used in R
programming, has a large number of graph characteristics, is the fastest tool and can manage
enormous complicated graph network. Libraries such as IGraph or Node-XL prove useful
in tasks involving large number of nodes and for executing operations such as clustering/
grouping of nodes or union and difference of sets of nodes. Independently operable apps
are simple and uncomplicated, still, Pajek and Gephi are appropriateapplications for the
beginners. For manipulating the limitless real-world data sets, research scholar can utilize
IGraph programming and Node-XL.
In a one-mode or two-mode network analysis, any of the NASA tools can be used;
but for multi relational network graph, Pajek application is the suitable option. In case of
temporary network, Node-XL and Pajek application are used.
When data are in .Net format, all of the NASA tools can be employed. However,
a maximum of the data is generally in .txt format where the role of IGraph or Node-XL
applications becomes significant. Though there are many web based apps available to alter
.txt to .Net, these could be done easily by using NASA. Further, Node-XL or IGraph
applications can be used to manage large data sets which cannot be handled by other
internet based software.
Moreover, most of the graphical features and that too on complex, large network
can be easily demonstrated by IGraph package. Metrics like clustering coefficient (CC),
network diameter, centrality, density, page rank, can be processed by any of NASA tools,
but for specific characteristics such as cohesion, IGraph or Node-XL apps come to rescue.
Likewise, for computing Dyad and Bridge, Pajek, IGraph or Node-XL applications are
valuable but Gephi would not be effective.
Comparative analysis with respect to speed illustrates that both Pajek and IGraph
are fast acting tools. However, limitation of Pajek is that it fails to display all graph
characteristics. Therefore, for examination of all the graphical characteristics and network
properties, IGraph programming is utilized. Though loading time is minimized with Pajek,
IGraph takes less time for the execution of all network measures such as graph nodes,
average, CC, cliques and diameter, etc. hence IGraph is relatively the best tool.
With the increasing popularity of online social media networks through all spheres
of life, network data structures have assumed an important role. Amalgamating visualization
functions with general analysis modules, the NASA tools enables to execute an effective
network analysis and further able to keep up with data of enormous users that participate in
the broad online social network.
These NASA tools aim to do analysis and visualization of online social media
network data easily by integrating the visualization functions and common analysis modules
with the each other paradigms for data handling. These NASA tools not only enable us to
do an effective network analysis tasks, but also supports a large target audience of users in
a wider spectrum of network analysis scenarios. Hence, for a broad range of OSNs, these
analytical and visualization tasks can be usefully applied.
Under the current study, an outline of analytical commands is investigated with the
aim of creating accessible data. When these tools were applied on a sample social media
network like “Higher Education in India”, certain structures and patterns were obtained like
amount and concentration of user connections to a particular network, different participants
in the network and important measures ofthe network.
This research utilizes the authorized Application Programming Interface (API)for

obtaining program-specific data. The NASA tools discussed in this paper have the future
scope of further advancement for improved dealt with temporalmining of data.Lastly,
careful considerations has been made with respect to ethical factors pertinent to the current
study type.
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134
Understanding and Comparing Vivekananda Journal of Research

the Readability of Major ISSN 2319-8702(Print)
Indian English Newspapers © Vivekananda Institute of Professional Studies
Ritika Dubey
Abstract
Readability describes the ease in reading a particular article or text

without any disruption. The research on readability was conducted on
eight Indian English dailies. The newspapers were divided into two
categories, viz. Category A: top four English newspapers as per Audit
Bureau of Circulation (Jan-June 2016); Category B: four well-known
English newspapers but not the part of Audit Bureau of Circulation’s
list. Newspapers of category B were taken into consideration after
a brief discussion with various media professionals and professors.
Newspapers taken in for research are dated differently. Category A
comprises of ‘The Times of India’; ‘The Hindu’; ‘Hindustan Times’;
and ‘The Telegraph’ (in order, as per ABC). Category B consists of
‘Indian Express’; ‘The Statesman’; ‘The Tribune’; and ‘The Pioneer’.
This research paper attempts in bringing to light the reasons behind
low circulation rate of newspapers which are not a part of ABC, solely
focusing on the readability aspect, thereby undertaking calculation
methods and Flesch’s formula of readability test. The main objective
of the research is to make a comparative study between the two sets of
newspapers i.e. Category A and B to yield the desired results (and find
out if readability affects circulation of newspapers). After undertaking
various measures and methods for calculating the readability index of
all newspapers, the paper concludes on a note that the circulation of a
newspaper is highly affected by the ease in readability of text provided
in the article of a newspaper.
Keywords: Readability, Indian English Dailies, Audit Bureau of

Circulation
* Ritika Dubey, Student, Bachelor of Journalism and Mass Communication, Amity School of Communication,
Amity University, Noida, Uttar Pradesh, India Email Id: ritikadubey1997@gmail.com
Ritika Dubey 135
Introduction
The era of English newspapers in India began with Hickey’s Bengal Gazette in
1780. A two-sheet newspaper, which was circulated twice a week, had the potential to bring
a reformation and an up-rise in the Indian society during colonial period. The newspapers
played a whipping role in spreading awareness and attaining independence. Not many
understood the term ‘newspaper’ but many sensed its strength to create turmoil.
A newspaper is a bundle of sheets printed with news articles, advertisements and

classified ads, arranged in an order and read by those concerned with their surroundings
to keep themselves updated regularly. Journey of the print media began in the 18th century
and now, this era is brimful with a large number of dailies, weeklies and monthly editions
of newspapers in multiple languages. 1, 05,443 newspapers/periodicals (as per Registrar
of Newspapers for India as on 31st March, 2015) in more than 10 languages are currently
in circulation in India. The highest number of registered newspapers are in Hindi (42493)
followed by English with 13661 copies per day and Marathi (7818) newspapers and
periodicals respectively.
According to Audit Bureau of Circulation, January-June 2016, English dailies

cover a market of 17%, circulating a number of 1,10,24,102 copies. With 17% circulation
coverage in the market, English dailies stand second in the quest. Out of the 17% English
newspapers, The Times of India has the highest sales rate of 2,731,334 copies per day
followed by The Hindu, Hindustan Times and The Telegraph respectively. Indirectly, the
newspapers with a higher rate of circulation would enjoy a rather high rate of readability
amongst the readers. Other than the top 4 newspapers from ABC, newspapers like The
Tribune, Indian Express, and The Statesman are few of the finest newspapers with a
reasonable circulation in the region and excellent content but fail to make their way to the
list of Audit Bureau of Circulation.
To understand the low level of circulation of these exceptional newspapers, the

research paper focuses on the readability aspect of newspapers. Eight newspapers, divided
into two equal categories i.e. Category A (representing ABC’s ranking) and Category B
(a set of newspapers with low circulation; as per media professionals’ choice) would be
taken into consideration. The main emphasis would be given to the opinion page consisting
of an editorial and a lead article. The reason behind considering the opinion page of each
newspaper is that it represents a newspaper’s stand. The editorial page is a platform for the
editors to present their views on general issues, therefore, the page acts like a mirror and
also, showcases the level of language standards that the newspaper follows. Therefore, a
136 Understanding and Comparing the Readability of Major Indian English Newspapers
total of 16 articles from 8 national dailies are taken up for scrutiny.
Utility and Scope of the research paper
This paper holds utility for various print media like newspaper agencies, media
houses, magazine agencies, tabloids, weeklies, dailies etc. Since the paper is concerned
with the readability index, it holds utility for every media house dealing with print or
written content. The paper would prove helpful in understanding one’s audience and their
grasping level.
It is important to understand the readability of the audience in order to develop

content according to their comprehension. If a reader fails to discern the text, the newspaper
or magazine would hold no importance for the reader. Therefore, with this study as a
sample, the print media houses may first focus and understand the literacy level in the
geographical area, target their readers accordingly and finally develop the content as per
their comprehension levels.
As per Flesch’s formula, only the college graduates can comprehend a text with
a score less than 30 whereas, a score between 70-80 is easily comprehensible by a 7th
standard student. Therefore, it comes as a suggestion that print media houses should avoid
using difficult vocabulary and try making their articles as simple as possible. The ease
in readability to the readers would enhance the circulation of a particular newspaper or
magazine.
There are more aspects and gaps to explore in this area of research. Therefore,
there is a scope in:
Print media: not only newspapers in print media but also magazines require updating
their ease readability index at regular intervals. Newspapers and magazines have been a
traditional but consistent manner to spread news and current affairs. In the digital era,
this traditional method has been altered and now, a number of people prefer reading news
online. Therefore, digital media leaves an entire room to explore and conduct studies on
their readers’ choices, level of texts preferred, vocabulary, style of writing and many more.
Readability index: The readability index keeps changing with the shift in literacy
level and preference of content among the readers. Other than this, more ways and methods
can be developed to explore and improve the readability index testing methods. Therefore,
there is a scope for further research in studying and exploring readability index tests and
Ritika Dubey 137
methods.
Case study: This research paper conducted on eight national dailies would prove
as a case study for reference if required. Further, more research papers can be developed
after analyzing this particular paper.
Objectives
• To understand the readability and readership of the major English Dailies in India
• To compare readership of two different categories of newspaper with their
readability index
• To understand the relation between circulation and readability index of the
newspapers
• To understand the difference between the writing styles of two different write-ups
of every newspaper viz. the editorial and the lead article
Research question
‘Does ease in readability affect the circulation of a newspaper?’
Review of literature
Eberendu and Muma (2015), in their paper scrutinize the readability index of
Nigerian national daily newspapers. The authors selected ten newspapers, all from the same
day 20th December, 2012 for the study. Here, the authors do not refer to any recognized
board of newspaper circulation or a newspaper society. National daily newspapers have
been taken up randomly for scrutiny. The paper describes role of a newspaper and gives a
brief insight of readability index as well as of its history.
To calculate the readability index of all newspapers, authors have considered

applying Simple Measure of Gobbledygook (SMOG) readability formula, introduced by G
Harry McLaughlin in 1969. This formula works on calculation of syllables and then judges
through a grading table.
The paper sets a comparison between the readability index and the number of pages
in a newspaper. Research question, wherein, is to determine whether the number of pages
in a newspaper affects the readability index of Nigerian daily newspapers. The paper refers
to the two prevalent languages, literacy rate and high population in the country which
affects the readability of a newspaper. The paper also gives a reference to Indian News
Society (2010), referring to the strength of newspapers i.e. 62000 (in 2010) out of which
90% of the newspapers are in various local languages.
The paper undertakes a quantitative measure of study by implementing a

mathematical formula of SMOG readability test. Correlation and statistical measures
have been utilized effectively. Statistical presentations have been established to signify
the content in a better way. Differences and similarities have been put up in an assembled
manner. Also, descriptive research design has been adopted in explaining the research
paper thoroughly.
The study has made a comparison between Nigerian newspapers with the British
Newspapers, stating that “Average readability of Nigerian newspaper is 22.3% while
British newspaper have 57.2% in score”. Not only the readability aspect has been taken
into consideration but also, components like content analysis and advertisement percentage
have been into analysis.
The research paper concludes stating a negative correlation between readability

index and the number of pages in a newspaper. It ended with emphasizing the need of local
language newspapers.
The research paper by Jude W. Genilo1, Md. Asiuzzama and Md. M. H. Osmani’s
(2016) focuses on a more inclusive definition of readability for Bangladeshi English dailies,
further dividing it in four categories viz. diversity, use of visuals, content promotion and
story readability analysis. The research paper undertakes exploratory, descriptive and
quantitative research methods to develop the study.
Five English dailies were considered as per the circulation figures provided by
an authorized body. To know the content and proportion of news and information in a
newspaper, analyze the newspaper structure and advertisement proportion and ease in
readability of the content are the main objectives this study. Front page of the newspapers
were analyzed for a month to study the pattern of news stories and readability of the content.
Though the paper began with an objective to study the ease of readability of text, it
somehow deviated to content analysis of the newspaper articles printed on the front page.
Lynch & Peer’s research work was taken into consideration for content analysis. As for
the readability ease analysis, it was done in a quick manner. The readability analysis was
based on jumps and title lengths. The paper used a number of tabular presentations for data
analysis but lacked graphical presentation of data.
Ritika Dubey 139
The paper comes with a number of shortcomings in hand. The research paper
deviated from its main topic of readability. It did not measure the ease of readability of
the article text in the newspapers. Secondly, only the first page of the newspapers were
considered and studied. More important articles from the opinion page or editorial were not
considered for the research. The research paper also failed to develop a connection between
the readers and the newspapers. A reader’s relationship with the newspaper was ignored
completely.
Shawnya l. Wethington (2015), in her study mainly focused on the readability aspect
dealing with difficulty of sentences, length of word i.e. number of syllables per word and
sentences. She constructed a hypothesis to know the average reading level of newspapers in
Arkansas and their significantly lower reading level than the regional newspapers.
A number of 16 newspapers were taken into consideration. Eight sample newspapers

were selected from different economic regions across Arkansas and America, divided into
eight economic categories. One newspaper from each of the eight regions was taken for
the study. Rests of the eight newspapers were chosen on the availability of News Bank’s
America’s News sources.
The edition dates of newspapers were carefully selected considering the election
week in an off-year election cycle i.e. from November 2nd till November 8th 2014. This
ensured the availability of unified content.
Five articles from the front page of each newspaper were studied every day for a
week, applying different readability tests like: SMOG test, Gunning Fog Index, Coleman-
Lian Index, Flesch-Kincaid and New Dale-Chall Readability formula, all available on an
online site named “Dave child’s free readability calculator”.
The researcher also conducted an interview with the professors of journalism to get
an in-depth knowledge about the low-grade readability among the readers and the reasons
behind journalists publishing such low level news articles.
The research paper undertook quantitative, qualitative and exploratory research

methods and approach to achieve the desired results.
Research Methodology
To facilitate the research findings, a combination of approaches, design and methods

were compiled together to draw an appropriate result from the research question. The
research process began with the primary data collection i.e. Collection of eight renowned
national English dailies in India. Out of the eight newspapers taken into consideration,
four are in the list of Audit Bureau of Circulation (January-June 2016) as the top four
newspapers in India, comprising Category A in the research paper. Category A constitutes
of (in sequential order according to ABC):
1. The Times of India;

2. The Hindu;
3. Hindustan Times; and
4. The Telegraph.
The newspapers differ with their edition dates, as per the access and availability.
The newspapers are dated as follows:
The Times of India, Hindustan Times and The Hindu: Tuesday, 17th January, 2017
The Telegraph: Friday, 20th January, 2017.
Since The Telegraph is more prevalent in the Eastern parts of the country: Bengal
and Calcutta, it was difficult to find in the northern region easily.
Category B in the research paper represents a set of newspapers which are well
known for their rich content and news stories as well as their affluent editorials and opinions.
A brief session of interview was conducted with six media professionals/professors. On the
basis of their suggestions and choices of newspapers, these four newspapers were taken for
study and scrutiny. These newspapers, despite being distinctive in their presentation fail to
be a part of Audit Bureau of Circulation’s list of most circulated newspapers/dailies. The
professors listed a number of English dailies with good content such as Indian Express,
The statesman, The Pioneer, Deccan Chronicle, The Tribune, Asian Age, Daily News
and Analysis, et cetera. Out of these newspapers, four newspapers are taken into study
to analyze the reason for their supposed failure in reaching out to the large masses and
audiences in the circulation process.
The newspapers taken into study are (without any order of circulation strength):
1. Indian Express;
2. The Tribune;
3. The Statesman;
4. The Pioneer, all from the same day’s edition, dated Friday, 20th January 2017.
Ritika Dubey 141
The research paper completely focuses on the writing style instead of the content,
length of an article or the organization of the content in any specific order. Every newspaper
illustrates a style in writing which aids the readers to have a sense of clarity and understanding
of the article. Readers choose their newspaper by judging the level of ease in readability that
the text assists or provides. Understanding an article or text is of an utmost importance for a
reader. Only then a reader decides whether to continue with the reading of text or article of
a newspaper. There are other factors other than ease in readability affecting the circulation
of a newspaper, such as, content of a newspaper, quality of a newspaper, easy and timely
delivery of the copy, extra supplements like advertorials, education, employment and more
but first thing first, i.e. Readability should be the main concern of every print media.
Readability formulas were first developed in 1920s to test the vocabulary

difficulties and assume or predict the complexity of a text. Through mathematical formulas
and calculations, one could easily find out the levels in readability and its complexity.
Researchers like George Klare, Rudolf Flesch, Jeanne Chall and Edgar Dale introduced
readability index with various formulas which gained prevalence in the market over time.
These readability formulas were widely used in various research works of journalism, law,
health care, industry and insurance.
The research paper implies Rudolf Flesch’s formula, developed in 1948, scaling
readability index between 1 to 100 where 30 and below refers to “very difficult” whereas
70 and more indicating “easy” to read. The mathematical formula given by Flesch Reading
Ease score is:
Score = 206.835 – (1.015 x ASL) – (84.6 x ASW)
Where, the numbers already mentioned are constant, (part of formula);
ASL = average sentence length (the number of words divided by the number of
sentences);
ASW = average number of syllables per word (the number of syllables divided by
the number of words).
Table 1: Flesch’s Readability index
Reading Ease Score Style Description Estimated Reading grade
0-30 Very difficult College graduate
30-40 Difficult College student
50-60 Fairly difficult 10th to 12th

60-70 Standard 8th and 9th
70-80 Fairly easy 7th
80-90 Easy 6th
90-100 Very easy 5th
Two articles per newspaper are evaluated to study the readability index of
newspapers. A total of 16 news articles from 8 newspapers are taken into consideration.
The articles considered are from the opinion/editorial page. Editorial page is the center
double sheet of a newspaper which reflects a newspaper’s opinion on the current affairs.
Editorial acts as a platform for editors and writer to express them clearly and openly on
various issues. Therefore, considering an editorial page would provide a complete outlook
of a newspaper be it for readability index or for content and opinions. Out of the opinions
page, main editorial (mostly on the extreme left hand side of a paper) and the lead article
(occupying the maximum space on the top of a page) are taken into the study.
The paper undertakes quantitative study and exploratory design for calculating
the readability index through numbers and Flesch’s formula. The readability test can either
be conducted manually or by typing articles in Microsoft Word. In this paper, both methods
were considered to cross-check the findings.
In the study conducted manually, first 100 words were marked for scrutiny from
every article. Parts of speech like preposition, articles and conjunctions are excluded from
the first 100 words. It has to be kept in mind that no word should be repeated in a set of 100
words. 3 out of 16 newspapers fell short of providing a total of 100 words excluding the
part of speech mentioned. Therefore, number of words those articles could provide were
taken up for the study. These words are then simplified with their syllables and, the total
numbers of syllables from each article are calculated. The calculation of syllables can either
be done manually or with the help of online websites. Thereafter, these sum numbers are
placed in the formula with a total number of sentences which comprised these 100 words.
The results were unsatisfactory, and therefore, to cross-examine the calculations,

all 16 articles were typed on Microsoft Word. First 442 words on an average were typed
from each article. The following steps were then performed to extract Flesch’s Reading
Ease on Microsoft Word 2013:
Ritika Dubey 143
Go to <File>
Select <Options>
Select <proofing>
Tick <show readability statistics>
Click <OK>
Once these settings are done, go to <Review> and select <spelling and
Grammar>. This option would bring the readability statistics once all the grammatical and
spelling errors are corrected.
The readability ease index obtained from Microsoft Word seemed more reliable
than the calculations performed manually.
To sum up, the study frame is guided by Audit Bureau of Circulation: list of top 4
English dailies all over India (January-June 2016). The circulation strength (as per ABC)
is considered as the population of the research. Size of the study simply signifies the 8
newspapers, divided into two categories viz. Category A and Category B, representing two
different sets of newspapers of the study. The paper aims at setting a comparative study
between the two categories through quantitative means i.e. Flesch formula and answering
the research question.
Findings
Table 2: Category A
Newspapers Write-ups Flesch’s score Style description
The Times Of India Editorial 45.6 Fairly difficult
Lead article 47.9 Fairly difficult
The Hindu Editorial 42.1 Fairly difficult
Lead article 30.4 Difficult
Hindustan Times Editorial 32.3 Difficult
The Telegraph Editorial 40.2 Fairly difficult
Lead article 40.6 Fairly difficult
Table 3: Category B
Newspapers Write-ups Flesch’s score Style description
Indian Express Editorial 37.9 Difficult
Lead article 29.1 Very difficult
The Statesman Editorial 39.1 Difficult
The Pioneer Editorial 57.3 Fairly difficult
Lead article 26.7 Very difficult
The Tribune Editorial 51.1 Fairly difficult
There is a remarkable difference in Flesch’s score of the two tables viz. Category
A and Category B. Flesch’s score in Category A ranges between 30 to 50, i.e. the articles
are well understood by 10th-12th standard students and college students. Out of the eight
newspapers of ABC’s list, five scored above 40 and are, therefore, “fairly difficult” in
readability. Only three news articles ranged between 30-40 i.e. ‘Difficult’ in readability
index.
In Table 3: category B, Flesch’s score is below 30 for two newspapers, making

them understandable for college graduates only. Out of eight newspapers, half of them fall
under “difficult” category, suitable for college students; two newspapers qualify for very
difficult and the rest of the two are fairly difficult.
Therefore, it clearly depicts that Category B, consisting of newspapers that are not
the part ABC’s top 5 list are relatively tough in readability. Category A has the maximum
number of articles aiding the ease in readability.
The research findings of newspaper articles are further set in a comparison as per
their Flesch’s scores in two categories viz. ‘editorial’ and ‘lead article’. This comparison
explains the difference in style of writing between two different write-ups of the same
newspaper.
Analysis of Category A: newspapers from Audit Bureau of Circulations’ list 2016.

Ritika Dubey 145
Figure 1: Audit Bureau of Circulations June 2016
1. The Times Of India

Write-up Flesch’s score
Editorial 45.6
Lead article 47.9
The Times of India maintains a consistency in both their articles viz. the editorial
and the lead article. Both of them range between 40-50 s per Flesch Reading Ease.
2. The Hindu
Write up Flesch’s score
Editorial 42.1
Lead article 30.4
‘The Hindu’ provides different levels of readability ease in their two articles. The
editorials are supposedly written for every reader whereas, the lead articles are targeted at
the niche readers i.e. who are at least college graduates and are capable of understanding a
higher level of text style.
3. Hindustan Times
Editorial 32.3
Lead article 36.0
Ritika Dubey 147
‘Hindustan Times’, like TOI, maintains a consistency in its articles. Both the
editorial as well as the lead article falls close in their Flesch Reading Ease, ranging between
30-40.
4. The Telegraph
Write ups Flesch’s score
Editorial 40.2
Lead article 40.6
‘The Telegraph’ has pulled the Flesch Reading score very well. Both the articles
offer approximately the same level of ease in the readability, ranging between 40-41.
Analysis of category B:
1. Indian Express
Write ups Flesch’s score
editorial 37.9
Lead article 29.1
‘Indian Express’ offers a lower level of readability ease altogether yet differs in the
readability indices of the two articles. Like ‘The Hindu’, IE also provides a higher level of
ease in readability in their editorials whereas, a rather lower level of readability is observed
in the lead article.
2. The Statesman
Editorial 39.1
Lead article 34.4
Ritika Dubey 149
‘The Statesman’ provides a consistency between the two different sets of write-ups,
ranging between 30-40 as per Flesch Reading Ease.
3. The Pioneer
Editorial 57.3
Lead article 26.9
‘The Pioneer’ is another newspaper with a remarkable difference in the readability
indices of two different write-ups. The style of writing is yet again similar to ‘The Hindu’
and ‘Indian Express’ i.e. the editorial offers a higher ease in readability whereas, the lead
article stands a little challenging to be read easily.
4. The Tribune
Editorial 51.1
Lead article 31.6
Editorials in ‘The Tribune’ is easier to read and understand whereas, lead articles
can give a tough time to its readers. The Flesch scores of the two articles vary distinctly. The
Editorial ranges between 50-60 whereas, lead article falls under 30-40 scale of readability.
Editorials
Newspapers Flesch’s Newspapers Flesch’s score
(category A) score (category B)
Times Of India 45.6 Indian Express 37.9
The Hindu 42.1 The Statesman 39.1
Hindustan Times 32.3 The Pioneer 57.3
The Telegraph 40.2 The Tribune 51.1
Ritika Dubey 151
Tribune
Pioneer
statesman
IE category A
Telegraph category B
HT
Hindu
TOI
0 20 40 60 80
Figure 2 comparison of Editorials: category A & B
Lead Articles
Newspapers Flesch’s Newspapers Flesch’s score

(category A) score (category B)
The Times Of India 47.9 Indian Express 29.1
The Hindu 30.4 The Statesman 34.4
Hindustan Times 36.0 The Pioneer 26.7
The Telegraph 40.6 The Tribune 31.6
Tribune
Pioneer
Statesman
IE category B
Telegraph category A
HT
Hindu
TOI
0 20 40 60
Figure 3 comparison of lead articles: Category a & B
Category A has, more or less, the same level of Flesch’s score in editorials and lead
articles. This indicates the consistency maintained by the editors and writers in developing
content for their respective newspapers. The articles written in these newspapers do not
target any niche audience or readers but are available for all the readers with a minimum
qualification of 10th-12th standard.
Lead articles in category B has lower readability index as compared to the articles
in category A. Low Flesch’s score indicates niche audience targeted by the newspapers’
lead articles unlike editorials. Editorials of category B have relatively high Flesch’s score
which makes them easier to comprehend. As a result, editorials enjoy more readership than
the lead articles in this category.
Conclusion
This paper was developed to study the relationship between readability index of a
newspaper and its circulation strength. To study this aspect of readability index, a comparison
was developed between the two separate categories i.e. readability and circulation. There
are a number of factors affecting the circulation of newspapers. Out of all the factors, the
Ritika Dubey 153
research paper focused on the readability ease of the content or text in the paper. Keeping
the two aspects in mind, a research question was developed to find whether the ease in
readability of text affects the choice and circulation of newspapers.
The study was conducted on eight Indian national English dailies. To develop a
reasonable comparison in the paper, these newspapers were divided into two categories:
Category A -representing an authorized board’s ranking of newspapers and category B-
representing English dailies as per the interview with media professionals. Audit Bureau of
Circulations’ top 4 rated newspapers of 2016 were considered for the study in Category A.
Newspapers considered in Category B had no legitimate order except for being few of the
renowned English dailies. Two articles from each newspaper were taken into consideration.
To cross-check the results of manual calculations and make the paper authentic, the articles
were typed on Microsoft Word 2013 and Flesch’s readability ease statistics were obtained.
The findings of the paper, as expected, clearly specify that the circulation of a
newspaper is highly affected by its ease in readability of text. Newspapers in category A
enjoy a higher level of circulation and supposedly much higher readership because the text
is simple enough to comprehend unlike newspapers in Category B. Newspapers in category
A, on an average, are written at a level of 10th-12th standard, falling in the category of fairly
difficult as per Flesch’s score table.
Newspapers of Category B are all together, written in a different style of writing.

The level of vocabulary and sentence construction is relatively difficult and unlikely to be
understood by an average literate reader. Newspapers in category B distinctly focus on the
niche readers who are well qualified or are graduates. The articles in category B, on an
average, are written for college students, a level higher than the newspapers in Category
A, falling in the style description of “difficult”. The literacy rate maybe decent in our
country but the percentage of graduates according to the census 2011 is only 8.5%.The
attempt to target a niche audience by Category B dailies pulls them down from reaching a
higher number of circulation strength. These newspapers rather focus on improving their
content quality and maintaining a consistency than achieving a higher number of readership.
Therefore, category B newspapers fail to gain much attention of the readers.
Category A newspapers can be termed as “newspapers for all”. They do not have
a particular set of targeted audience. These newspapers, unlike category B, focus more on
reaching out to a larger number of audiences and covering an even larger portion of print
media market.
These two sets of newspapers have different priorities and therefore, one set
acquires the market and attract more readers whereas, the other reaches out to its niche
audience, influence their opinions and cater to their needs.
The paper concludes with a simplified and focused study on the readability index
of Indian dailies, however, a study can be further conducted on the issue of sentence
construction in news articles, whether the writing styles are fully comprehensible by the
readers and also, if the text assists clarity to its readers.
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Paper 3.
156
Impact of FDI Vivekananda Journal of Research

on Indian Stock Market ISSN 2319-8702(Print)
Isha Narula
Abstract
The study explores the impact of Foreign Direct Investments on Indian

stock market. Two major sector of the economy are considered for
the study, namely, power sector and insurance sector. Substantial
increase in FDI has been announced for the above mentioned sectors.
Event study methodology has been used to explore the impact of FDI
which further exhibits discouraging results for investors. It has been
discovered in the study that it is really difficult for Indian investors to
gain some extra profits out of it.
Keywords: Foreign Direct Investments (FDI), Stock market, Market

Model
Introduction
The present study is an attempt to shed light on the impact of FDI on Indian stock
market. Investment is one of the most significantcommotions which is also a pillar of
economic life and indispensable foundation for substantial growth of any economy. This
study is an endeavour to improve the investment environment in India. It may also raise
confidence of investors in stock market. The present study has identified two sectors which
has experienced an increase in FDI in recent five years.
Literature Review
Swamy.et.al (2014) analysed the impact of stock market capital growth on Nifty.
The analysis had been focussed from 1994 to 2014 i.e., 20 years. For the analysis market
* Dr. Isha Narula, Assistant Professor, Vivekananda Institute of Professional Studies, GGSIPU, New
Delhi. Email Id: isha.narula.11@gmail.com
Isha Narula 157
capitalization of both the stock exchanges NSE and BSE had been considered. The analysis
was also used to know the relationship between Primary and Secondary markets and FDI.
The research methodology used was Co-integration, Granger causality test, Augmented
Dickey-Fuller test, Partial Correlation and MAR ratio. The outcome was that FDI inflows
did not affect Nifty50because its profitability value is 0.578 which is more than 0.5.
Kumar (2014) accessed the impact of FDI on economic growth factors. The study
was purely based on secondary data and for this purpose empirical data was estimated for
the period 1995 to 2014. The analysis was done with the help of charts, statistics, etc., the
study observed that FDI is a significant factor influencing the economic growth in India
by stimulating domestic investment leading to enhancement of financial position of the
country.
Ali (2014) conducted a study on impact of foreign direct investment on volatility

of stock market. The measurement of stock market was done through market capitalization
functioning. Multiple regression test was used to establish a connection between the FDI
and stock returns. The result demonstrated the positive impact of foreign direct investment
on the stock market.
Chauhan (2013) assessed the impact of foreign capital inflows on Indian stock
market. The markets considered for the study were BSE(Bombay Stock Exchange) and
NSE(National Stock Exchange) during the period of study. The study was purely based on
secondary data and analyzed through Regression( OLS Model), Karl Pearson’s correlation,
Analysis of Variance, etc.,. It was discovered that FDI affect both SENSEX and Nifty50up
to 61 percent and 86 percent respectively and is associated highly and positively with both
the markets with a score of 0.78 and 0.92 respectively according to the Karl Pearson’s
coefficient of correlation.
Dhiman and Sharma (2013) examined the impact of flow of FDI on Indian Capital
Market. To conduct the study, SENSEX and Nifty50was used as they represent the Indian
stock market. Data of 12 years ranging from 2001-2012 was taken which suggested that
amount of FDI has a direct impact on both SENSEX and Nifty. The tools employed were
coefficient of correlation and regression analysis. The study concluded that flow of FDI in
India determines the trend of Indian stock market.
Raguz.et.al (2013) assessed the relationship between the stock market and foreign
direct investment in Croatia. The study aimed to investigate the existence and characteristics
of both the long and short term relationships between FDI and the stock market in Croatia.
158 Impact of FDI on Indian Stock Market
The long term connection was tested by two co-integration approaches and the results of
both models suggested lack of connection between FDI and stocks in the market. The short
run relationship was investigated by a two-variable VAR model, results obtained were
consistent with the theoretical assumptions FDI is an important determinant of growth in
Croatia.
Raza.et.al (2012) studied the role of FDI in stock market development in Pakistan.
The study empirically analysed the role of foreign direct investment in developing host
country’s stock market. The study applied Ordinary Least Square (OLS) method of
regression by using annual time series data for the period 1988-2009. The result reported a
positive impact of FDI along with other explanatory variables in developing stock markets
of Pakistan.
Gupta.et.al (2012) analysed the impact of foreign investments on stock market

volatility which depicted that an increase in FDI significantly influence the fluctuations of
Indian market. Regression Model was used to explore the impact of FDI on stock returns
of India. Monthly data for both SENSEX and the FDI was extracted from January 2001
to February 2012. The study demonstrated that FDI cause a variance of 48 percent in
SENSEX which also demonstrated a new fact about FDI flows that there is a very strong
positive link between source country stock market valuations and FDI flows.
Tabassum (2012) conducted a study on impact of Flow of FDI & FII on Indian
stock market by using Correlation and Multi regression OLS model as the tools on 11 years
stock data starting from 2001 to 2011. SENSEX and Nifty50were considered for collecting
the data as they are the most popular Indian stock market indices and found out that there
is a positive correlation between FDI and stocks at 1% significance level.
Siddiqui and Narula (2012) conducted their study on impact of decision with
regard to FDI in retail on Indian Stock Market: A Test of Semi Strong Form of Market
Efficiency. The methodology used for the study was event study. The paper examined the
effect of announcement related to increase in FDI rate up to 100% in single brand and 51%
in multi brand. They considered the performance of two companies which were Pantaloon’s
Retail Limited and Shopper’s Stop. It was concluded that both companies did not show
significant impact of the announcement.
Karthik and Kannan (2011) tried to assess the impact of Foreign Direct
Investment on stock market development with reference to India. Thirty five years of
data was collected from year 1971 to 2006 and log linear form model for regression was
Isha Narula 159
formulated. The findings of the study reported statistically positive and strong relationship
between FDI and market capitalization thus reflecting a complimentary role of FDI in stock
market development of India. It was also suggested that the government can encourage FDI
in India by taking various steps like the assurance of political stability in the country and
adequate provision of infrastructure can enhance the FDI.
Oseni and Enilolobo (2011) investigated the impact of foreign direct investment on
stock market development of Nigeria for the period 1980-2009. The techniques used were
Unit root test, Co-integration and error correction mechanism. The results showed that both
FDI, its lagged stock market development have small and a statistically significant effect on
economic growth. But the trends also showed that both FDI and stock market development
have cyclical movements.
Halalmeh.et.al (2010) examined the impact of foreign direct investment on

share market value of Amman Exchange Market. A self administered questionnaire was
developed based on previous studies and the review of literature. 100 questionnaires
were distributed over the research sample. The result came out to be that foreign direct
investment has a significant impact on shares market value in Amman Exchange Market
and constitutes between 45-50% of the market value. It was concluded that foreign direct
investment according to the achieved results can play a major role on shares priced in
Amman Exchange Market.
Kalim.et.al (2009) analysed the impact of foreign direct investment on stock

market development with reference to Pakistan. Log linear form model for regression
was used. The stock market of Karachi was considered for analysis. Regression results
indicated a positive statistically strong relationship between FDI and market capitalization
thus reflecting the complimentary role of FDI in the stock market development of Pakistan.
Seghir (2009) analysed the relationship between the FDI and a financial market
growth in Tunisia through the evolution of the Tunisia stock market. The gravity model
had been used for the research. Gravity model explained the relationship between the FDI
and financial market and declared that stock market proximity is an important explanatory
variable for FDI flows. Investors might be more conventional with portfolios that are
connected in their region, hence, amplify the effects of an adverse shock in that area.
Kaltchev (2009) conducted an event study using securities litigation announcements

as the event under study. Securities litigation is a common occurrence on the US investments
markets, via which shareholders aim to recover losses they have suffered as a result of
managerial misconduct. The study depicted from one-sided t-tests, a significant negative
reaction to lawsuits in 44 of the cases and on the other hand, 24 cases exhibited significant
positive reaction of stock returns to lawsuit announcements.
Claessens.et.al (2001) had undergone a study which include a sample of 77 countries

that good fundamentals help stock market development. Moreover, the study depicted that
FDI was positively correlated with stock market capitalization and value traded. It meant
that FDI is a compliment and not a substitute of domestic stock market development. It also
showed that as fundamentals improve, technology advances and countries integrate with
the international financial system mitigation will likely increase further and domestic stock
market activity may become too little to support many local markets.
Dyckman.et.al (1984) examined some important issues in daily returns data to

perform event studies. The result are (a) the abilities of the three models (Mean- Adjusted
Returns Model, Market- Adjusted Returns Model and, Market Model) to detect correctly
the presence of abnormal performance are similar, although detected slight preference for
the Market Model (b) when the day of the event is uncertain, the researcher, in selecting
among three methods for considering event-date uncertainty, is better off accumulating the
residuals using either a one day or multi-day Market Model.
Research Methodology
To conduct the study, secondary data has been collected from the websites of
National Stock Exchange and Yahoo Finance for various companies depending upon their
date of announcement of an increase in FDI. Data collection includes stock prices of 5
companies i.e. Larsen & Toubro Limited, Bharti Airtel Limited, Gas Authority of India
Limited, Calcutta Electricity Supply Corporation, Life Insurance Corporation of India for
the purpose of constructing an event window.
Event Study
Event Study methodology has been used for data analysis which is used to check
the reaction of share prices on announcements related to FDI in various sectors. In an event
study, the event, Event Window, Estimation Window, Estimation Model and Investigation
Window must be known.
Event is a piece of information which influences the share prices of the related
sector. In the present study 5 events have been considered which are as follows
Isha Narula 161
i. In power sector, it was announced that there is an increase in FDI from 49% to
100% on 28th May 2013.
ii. An increase in FDI in insurance sector from 26% to 49% on 16th July 2013.
In an event window the prices of succeeding and preceding days of the event are
taken. In the current study the window is -7 days to +7 days. The event window for the
following companies are as following:
i. Calcutta Electricity Supply Corporation - 17th May 2013 to 6th June 2013
ii. Life Insurance Corporation of India - 5th July 2013 to 25th July 2013
An estimation window is the time period prior to event window. It is determined

for calculating the alpha and beta. Estimation period is 365 days prior to the event window
in the present study. The estimation period of the following 5 companies are as follows
i. Calcutta Electricity Supply Corporation - 16th May 2012 to 16th May 2013
ii. Life Insurance Corporation of India - 4th July 2012 to 4th July 2013
The model used for the study is based on the following equation
Rit= a + bRmt + Eit
Rit= Security Returns

Rmt= Market Return
Eit= Error terms
a= Intercept of regression line and Y axis
b= Slope of regression line (Market Risk)
The stock prices of companies and NSE Returns are converted in to Returns. The
formula applied for this is:
R= P-PO / PO*100
R= Return
P= Price of current day
PO= Price of the previous day
Unit root test has been applied to check whether the series of each company
and National Stock Exchange’s index i.e., Nifty5050 is stationary or not. Unit root test
examines whether a time series variable is non- stationary using an auto-regressive model.
An Augmented Dickey - Fuller Test (ADF) is a test for testing unit root in a time series
sample.
Firstly, the Augmented Dickey - Fuller test (ADF) is applied on the closing prices
of the company and Nifty5050 to check whether the series is stationary or not. If the
probability will come out to be less than 5% then it means that the series is stationary and
does not have any unit root problem but if the probability is more than 5% then the series is
not stationary and has a unit root. So, if the probability is more than 5% then the test will
be applied on the returns of the company and Nifty5050 and interpretation will be done as
same as in case of closing prices.
To calculate alpha(α) and beta(β), Regression analysis is been done between the
stock returns of Companies and NSE Returns. Company returns are dependent variable and
NSE Returns are Independent variable.
The expected returns have been calculated with the help of alpha and beta.
Expected Returns= a + bX
a= the intercept point of regression line and the Y axis

b= the slope of regression line
X= the returns of NSE
The abnormal returns are calculated with the formula:
Abnormal Returns= Actual Returns - Expected Returns
Paired T test has been applied to test hypothesis for the purpose of assessing impact
of announcement on the stock prices.A paired t test is used to compare two population
means where you have two samples in which observations in one sample can be paired with
observations in the other sample.
Hypothesis
In order to test the impact of increase in FDI on the stock returns the following
hypothesis have been formulated
Hypothesis 1
H01 : There is no significant impact of announcement of FDI on the stock returns of

Calcutta Electric Supply Corporation.
Isha Narula 163
Ha1 : There is significant impact of announcement of FDI on the stock returns of
Calcutta Electric Supply Corporation.
Hypothesis 2
H02 : There is no significant impact of announcement of FDI on the stock returns of

Life Insurance Corporation of India.
Ha2 : There is significant impact of announcement of FDI on the stock returns of

Life Insurance Corporation of India.
Data Analysis and Interpretation
This section of the study includes results of unit root test to check whether the
series is stationary or not, calculation of expected return and abnormal return and then
application of paired t test on the actual and expected returns of five companies representing
five sectors in which FDI has been announced in recent five years.
Unit Root Test - Augmented Dickey - Fuller Test
Unit root test examines whether a time series variable is non- stationary using an
auto-regressive model. An augmented Dickey - Fuller Test (ADF) is a test for testing unit
root in a time series sample.
This section exhibits the results of unit root test on five major companies in five
major sector in which FDI was announced and also a stock index of NSE i.e. Nifty5050.
The method selected for conducting unit root test is Augmented Dickey Fuller test which
is applied at level. The test has been applied on the closing prices and returns of the
companies and NSE index i.e. Nifty5050.
Calcutta Electricity Supply Corporation and Nifty50
The table shows the results of unit root test applied on the closing prices of Calcutta
Electricity Supply Corporation and Nifty50at level.
Augmented Dickey Fuller test

Prices T Statistics Probability Coefficient. of price(-1)
At level (CESC) -2.524417 0.1108 -0.047508
At level (Nifty50) -2.043068 0.2684 -0.016780
Table 1: Unit Root Test results for CESC and Nifty50prices
Table 1 illustrates the results of unit root test for Calcutta Electricity Supply
Corporation and Nifty50in lag of time period from 16th May 2012 to 06th June 2013. The
unit root is applied on closing prices which depicts that the time series is not stationary.
Here, the probability is more than 5%. So, the null hypothesis of unit root can be accepted
and it can be interpreted that the series have unit root problem at level.
As the time series of closing prices is not stationary so the unit root test has been
applied on the returns of Calcutta Electricity Supply Corporation and Nifty.

Returns T Statistics Probability Coefficient. of price(-1)
At 1 Difference (CESC)
st
-16.35436 0.000 -0.988800
At 1st Difference (Nifty50) -15.37595 0.000 -0.948635
Table 2: Unit Root Test results for CESC and Nifty50returns
Table No. 2 illustrates the results of unit root test for Calcutta Electricity Supply
Corporation and Nifty50in lag of time period from 16th May 2012 to 06th June 2013.
The unit root is applied on returns of closing prices which depicts that the time series is
stationary. Here, the probability is less than 5%. So, the null hypothesis of unit root can be
rejected and it can be interpreted that the series do not have any unit root problem at level.
Life Insurance Corporation of India and stock index Nifty50
The table shows the results of unit root test applied on the closing prices of Life
Insurance Corporation of India and Nifty50at level.

Prices T Statistics Probability Coefficient. of price(-1)
Isha Narula 165
At level (LIC) -1.176782 0.6851 -0.018442

At level (Nifty50) 0.3305 -0.022042
-1.903326
Table3: Unit Root Test results for LIC and Nifty50prices
Table 3 illustrates the results of unit root test for Calcutta Electricity Supply
Corporation and Nifty50in lag of time period from 04th July 2012 to 25th July 2013. The
unit root is applied on closing prices which depicts that the time series is not stationary.
Here, the probability is more than 5%. So, the null hypothesis of unit root can be accepted
and it can be interpreted that the series have unit root problem at level.
The test applied on the closing prices of Life Insurance Corporation of India and
Nifty50at level depicts that the time series is not stationary so the returns of LIC and
Nifty50has been considered.

Returns T Statistics Probability Coefficient. of price(-1)
At 1st Difference (LIC) -16.28151 0.000 -0.992905
At 1st Difference (Nifty50) -14.93305 0.000 -0.924264
Table 4: Unit Root Test for LIC and Nifty50
Table 4 illustrates the results of unit root test for Life Insurance Corporation of
India and Nifty50in lag of time period from 04th July 2012 to 25th July 2013. The unit root
is applied on returns of closing prices which depicts that the time series is stationary. Here,
the probability is less than 5%. So, the null hypothesis of unit root can be rejected and it
can be interpreted that the series do not have any unit root problem at level.
Calculation of Alpha, Beta, Expected Return and Abnormal Return
For the calculation of alpha and beta in the present study an estimation window of
365 days prior to the event window of 15 days has been considered. The estimation period
of the following 5 companies and the stock index Nifty5050 are as follows
Name of the Company Estimation Period Announcement Date

Calcutta Electricity Supply 16th May 2012 - 16th 28th May 2013
Corporation May 2013
Life Insurance Corporation of India 4th July 2012 - 4th 16th July 2013
July 2013
Table5: Estimation Period and date of announcement
Table 5 shows the estimation period taken for calculating alpha and beta for each
of the company’s returns respectively and it also shows the date of announcement of FDI in
various sectors like defence, telecom, oil & gas, power and insurance.
With the help of the returns of estimation period alpha and beta of each company
has been calculated which can be shown in the table
Companies Name Alpha Beta

Calcutta Electricity Supply Corporation 0.018 0.129
Life Insurance Corporation of India -0.0005 0.1000
Table6: Alpha and Beta of each company
Table 6 shows the values of alpha and beta of five companies that will help in
calculation of expected return of each company.
The expected returns of the company can be calculated with the help of alpha and
beta and the actual returns of the company.
Expected Return = α + βX
α= the intercept point of regression line and the Y axis
β= the slope of regression line
X= the returns of NSE
The abnormal returns are calculated with the formula:

Abnormal Returns= Actual Returns - Expected Returns
The actual returns, expected returns and abnormal returns of each company has
been shown in the following table respectively.
Calcutta Electricity Supply Corporation

Isha Narula 167
The returns of Calcutta Electricity Supply Corporation have been shown in the
table which also shows the impact of FDI on its returns.
Date CESC CESC NIFTY50 Expected Abnormal

Prices Returns Returns Returns Returns
17-05-2013 320.75 0.798189 0.281617 0.054329 0.74386
20-05-2013 326.55 1.792107 -0.49254 -0.04554 1.83764
21-05-2013 329.05 0.762664 -0.69758 -0.07199 0.83465
22-05-2013 323.6 -1.67015 -0.32109 -0.02342 -1.646733
23-05-2013 313.2 -3.26662 -2.11341 -0.25463 -3.011993
24-05-2013 328.2 4.678121 0.276137 0.053622 4.6245
27-05-2013 329.6 0.425662 1.650862 0.230961 0.1947
28-05-2013 336.6 2.101548 0.460868 0.077452 2.0241
29-05-2013 336.15 -0.13378 -0.11379 0.003321 -0.1371
30-05-2013 331.2 -0.148351 0.32302 0.05967 -1.543176
31-05-2013 330.45 -0.22671 -2.28086 -0.27623 0.04952
03-06-2013 335.35 1.47194 -0.78238 -0.08293 1.55487
04-06-2013 329.25 -1.83574 -0.33477 -0.02519 -1.810556
05-06-2013 334.65 1.626787 0.074304 0.027585 1.5992
06-06-2013 344.8 2.987933 -0.04137 0.012664 2.97527
Table7: Returns of Calcutta Electricity Supply Corporation
Table 7 depicts the stock returns of CESC and NIFTY50from 17th May 2013 to 6th
June 2013. The announcement took place on 28th May 2013 which was about increasing
FDI from 49% to 100% in Power sector. The stock prices of the Calcutta Electricity Supply
Corporation after the announcement decreased continuously from Rs 336.6 on 28th May
2013 to Rs. 334.65 on 5th May 2013 but showed a sharp increase to Rs. 344.8 on 6th May
2013. The abnormal returns of the company’s stocks showed a lot of ups and down.
LIC
The returns of LIC and NIFTY50are presented in the table showing the impact of
FDI on its returns.
Date LIC LIC NIFTY50 Expected Abnormal

Prices Returns Returns Returns Returns
05-07-2013 233.05 -1.1943 0.528842 -0.05338 -1.140915
08-07-2013 224.75 -3.62643 -0.96495 0.095995 -3.72243
09-07-2013 227.65 1.282069 0.813162 -0.08182 1.36389
10-07-2013 228.65 0.438309 -0.72458 0.071958 0.36389
11-07-2013 238.2 4.091821 2.015079 -0.20201 4.29383
12-07-2013 234.7 -1.48026 1.237447 -0.12424 -1.356011
15-07-2013 237.85 1.333212 0.362133 -0.03671 1.36993
16-07-2013 220.45 -7.59693 -1.26065 0.125565 -7.722496
17-07-2013 212.05 -3.88488 0.302636 -0.03076 -3.854118
18-07-2013 217.05 2.330565 1.078157 -0.10832 2.43888
19-07-2013 208.35 -4.09084 -0.14668 0.014168 -4.105006
22-07-2013 208.8 0.21575 0.043114 -0.00481 0.22056
23-07-2013 215.15 2.99586 0.759731 -0.07647 3.07233
24-07-2013 203.3 -5.66527 -1.44679 0.144179 -5.809453
25-07-2013 194.8 -4.27093 -1.39522 0.139022 -4.409954
Table 8: Returns of Life Insurance Corporation of India
Table 8 depicts stock prices and stock returns of LIC and NIFTY50from 5th
July 2013 to 25th July 2013. The announcement took place on 16th July 2013. As per
announcement there was an increase in FDI from 26% to 49% in Insurance sector. After
the announcement, the company’s stock prices continuously declined from Rs. 220.45 on
16th July 2013 to Rs. 194.8 on 25th July 2013. The abnormal returns showed more of
negative results.
Paired t test
For Data Analysis, Paired t test has been applied to identify the impact of
announcement of FDI on the stock returns of the companies.
For Paired t test, null hypothesis says that there is no statistically significant
difference between actual and expected returns of the company whereas alternative
hypothesis for the same is that there is statistically significant difference between actual and
Isha Narula 169
expected returns of the company.
If the value is less than 5%, then it will conclude that there is statistically significant
difference between the actual returns and expected returns. But if the value is more than
5%, then it concludes that there is no statistically difference between the actual and expected
returns of the company.
t test results for Calcutta Electricity Supply Corporation Limited
The analysis of actual returns and expected returns of Calcutta Electricity Supply
Corporation Limited is shown in the table.
Results
t - value Significance (2- tailed)
1.062 0.306
Table9: T- Test between actual and expected returns of CESC
Table 9 shows the results of T-Test between the actual returns and expected returns
of CESC Limited. As per the result, 0.306 is significance value which is more than 5%
which means there is no statistically significant difference between the actual returns and
exspected returns of CESC thus resulting in acceptance of H0. It means there is no impact
of FDI announcement on the stock returns of Calcutta Electricity Supply Corporation. It
shows that the market is efficient because the result of paired t test is more than 5%.
t test results for LIC
The analysis of actual returns and expected returns of LIC is shown in the table.
Results
t - value Significance (2- tailed)
-1.386 0.187
Table10: T- Test between actual and expected returns of LIC
Table No. 10 shows the results of T- Test between actual returns and expected
returns of LIC. As per the result, significance value is 0.187 which is more than 5% stating
that there is no statistically significant difference between the actual returns and expected
returns of LIC. It means H0 is accepted. It means there is no impact of FDI announcement
on the stock returns of Life Insurance Corporation of India. It concluded that the market
is efficient.
Findings of the study
i. Foreign Direct Investment do not have any impact on stock returns. As there is
no significant difference between the actual returns and expected returns of any
company which showed that there is no impact of Foreign Direct Investment on
stock returns of any company representing five sectors respectively.
iii. The stock market is efficient.The results of the paired t test showed that there is no
statistically significant difference between actual returns and expected returns of
the company which further showed that there is no impact of FDI on stock returns
which concluded that the market is efficient.
iv. The investors of each company were not able to take advantage of the impact of
Foreign Direct Investment on the stock returns and were not able to book profit.
v. The investors did not formulate their strategy accordingly so that they could make
themselves benefitted from the announcement of FDI in various sectors.
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Isha Narula 171
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Market Development: A study with reference to India. International Journal of
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172
Performance Analysis of Vivekananda Journal of Research

Robotic Wi-Fi using Android ISSN 2319-8702(Print)
Vibhor Kumar and Roma Bhatnagar
Abstract
Today internet is in the reach of millions of people but still many are
unaware of an open network being served within their reach. Internet
today serves as a basic utility to reach out to the world or to perform
any tedious task within minutes. In such a scenario lack of internet can
limit the ease attained through internet, and the knowledge about an
open network can be useful. The users in need of internet can easily be
connected to an open network automatically. This article is intended
to build an android based mobile application that will automatically
connect to any un-secured/open Wireless networks available within the
device’s range. The application will run in the background of an android
smartphone and detect any available Wireless network. A connection
to any unsecured or open network will be made automatically. The
application will also determine the strength of the Wi-Fi’s signal
and will connect to the one with higher strength in case of multiple
unsecured or open networks are available.
Keywords: Android, Open network, Unsecured Wireless network,

Android Application.
Introduction
The project is intended to build an android based mobile application that will
automatically connect to any un-secured/open Wi-Fi connections available within the
1 Vibhor Kumar, Student, Master of Computer Applications, Vivekananda Institute of Professional Studies,
Guru Gobind Singh Indraprastha University, New Delhi, India. Email: vibhorkumar55@yahoo.com
2 Roma Bhatnagar, Student, Master of Computer Applications, Vivekananda Institute of Professional
Studies, Guru Gobind Singh Indraprastha University, New Delhi, India.
Email: romabhatnagar19@gmail.com
Vibhor Kumar and Roma Bhatnagar 173
device’s range or to any public hotspot. The application will run in the background of an
android smartphone and detect any available Wi-Fi network.
A connection to any unsecured or public Wi-Fi will be made automatically. The

application will also determine the strength of the Wi-Fi’s signal and will connect to the one
with high strength in case of multiple unsecured or public Wi-Fi’s are available thereafter,
the user will be notified via push notification or vibrate alert. Notifications can be manually
switched off incase these features are not required.
As soon as a Wi-Fi network gets disconnected or the network is out of reach, the
application will again start searching for an open network and repeat the process.
This application will be useful for the mobile users and will make them connect
to the internet easily without any hassle. The application will increase the connectivity of
users and will increase the internet usage experience of different individuals.
Existing System
The solution that exists for every user is to manually connect to the available Wi-Fi
networks. Incase of a secured Wi-Fi a password is required to authenticate. With an open
or unsecured network a password is not required. However some open networks requires
aphone number and an OTP (one time password) in order to authenticate.
Proposed System
In this paper, a solution is presented to connect to an open or unsecured network

automatically without the need to manually connect to a Wi-Fi network. The solution thus
proposed will ease the internet connectivity to more number of non-active internet users.
The algorithm used in connecting to an open/ unsecured Wi-Fi is as follows:
1. Check Wi-Fi state, if Wi-Fi is turned off the user will be asked to switch on the
Wi-Fi using radio button provided within the application. This task will be done
using broadcast receiver.
2. Available Wi-Fi networks will be scanned using Wi-Fi manager in android.
3. Any unsecured or open Wi-Fi networks will be filtered from the available networks.
4. The available networks will be sorted w.r.t one with maximum strength.
5. A connection will be made to the networks available within the sorted list.
6. Incase of no connection to a network, the list will be iterated and attempt to the next
174 Performance Analysis of Robotic Wi-Fi using Android
available network will be made.
7. A notification in form of vibration or push messages will be sent to the user which
is optional.
Algorithm Analysis
The running time of the algorithm to search the available Wi-Fi networks is O(1),
to sort the open Wi-Fi networks based on signal strength is O(lg n) time. Further the time
taken to connect to a network is O(n),in case the application is unable to connect with the
first network in the list, it will iterate and try to connect with the next. Thus the worst - case
complexity of the algorithm is O(n).
Technology Used
The application will be based on android thus Java - SE will be used as its core. The
application will target android version 4 i.e. Ice-Cream Sandwich and all the successors of
android will be able to run the application on respective mobile phones.
The project will be entirely based on android thus will be build using android studio
for development and testing purposes.
The tools required are Android Studio, Android SDK tools, Android platform -
tools and the latest Android platform.
Application Architecture
The Mobile Application is broken down into two major subsystems: First, the
scanning of any available Wi-Fi networks and filtering the networks which are unsecured.
Second, a connection attempt to the filtered list is done iteratively till a successful connection
is established.
Scan Wi-Fi
No
If Wi-Fi available
Yes
Connect to Wi-Fi
Filter and sort Wi-Fi No
If Successful
Yes
Vibrate / Push Notification

Figure 1. Application architecture lowchart
Figure 2. Use Case diagram

The various advantages and disadvantages of the applications are:
The application enables devices to easily connect with the un-secured/open network,
it is useful for users unaware about the open networks present around them.
The application can communicate with one or more devices simultaneously at

typical Wi-Fi speeds and in emergency cases, one can easily connect to an open network.
A public Wi-Fi connection is intended for the use of many people at one time.
Hence, there are security issues. It can harm the device by leaking passwords and bank
account details over the network. Also, any shared folders on the device are open for others
to see.
The bandwidth of Public Wi-Fi is cut down. Therefore, the device can operate
slowly. The coverage of the Wi-Fi is limited. Most Wi-Fi networks only provide a 30 foot
range from the router. In case of no coverage the application would sit idle and use system
resources. When multiple users are logged on to the network, connections can suffer. This
can cause the device to be booted off the network, which can be a nuisance.
Prototypes and Implementation
Implementation is done using android studio with the help of android’s Wi-Fi
manager. Broadcast receiver is used to know the status of Wi-Fi networks. The testing of
the application is done using an android AVD (Android virtual device) and a mobile phone
operating on lollipop 5.2.
Figure 3. Figure 4. Figure 5.

Application Wi-Fi off State Application Wi-Fi on State Application settings menu
Mathematical Analysis
The following analysis is done on a survey data of the total no. of Wi-Fi Connections
available at a particular location and out of which the open/un-secured Wi-Fi network
available.
A. Regression Analysis
Regression Statistics
Multiple R 0.875247
R Square 0.766058
Adjusted R Square 0.755424
Standard Error 3.247805
Observations 24
Chart Title
14
12
y = 0.358x + 0.100
10 R² = 0.799
0
0 5 10 15 20 25 30
Figure 6. Regression Statistics
On plotting a linear trend line between Yaand Zcthe coefficient of determination

R is found to be 76% with standard error of 3.247 shown in Figure 6. The coefficient
2
of de-termination R2is useful as it gives the proportion of the variance (fluctuation) of

one variable that is predictable from the other variable. It is a measure that allows us
to determine how certain one can be in making predictions from a certain model. The
coefficient of determination is a measure of how well the regression line represents the
data. If the regression line passes exactly through every point on the scatter plot, it would
be easy to explain all the variation.8
The regression analysis shows that 76% of the time a network is connected to an
open network.
B. Residual Plot
Figure 7. Residual Plot
A residual plot between output and input shows that for a regression model to
be good fit when residues are random. There should be no recognizable pattern. Good
regression models give uncorrelated residuals. The residual Plot for the device is plotted
and shown in given Figure 7.8
C. Probability Plot
Normal Probability Plot

30
20
22
10
0
0 20 40 60 80 100 120
Sample Percentile
Figure 8. Probability Plot

The normal probability plot is a special case of the probability plot. The points on
this plot form a nearly linear pattern, which indicates that the normal distribution is a good
model for this data set. The normal Probability plot for the device is plotted and shown in
Figure 8.8
Conclusion
This paper, presents automatic Wi-Fi connectivity application. Using the existing
system a user has to manually select an open or unsecured network available within its
range, try and connect if possible. Thus the main proposal is based on making the whole
task easy and automatic through building an android based application. This application
will benefit those people with lack of internet and knowledge about an open network around
them.Recently the launch of Reliance Jio and Airtel’s open network can be used effectively
with the application.
Future Scope
The application will be integrated with maps to provide the location of every
open network available near an individual, manage the respective Wi-Fi passwords and to
automate the process of SMS authentication for connecting to an open Wi-Fi network by
creating a user profile with contact details and allowing the application to access the OTP
(one time password) received via SMS. The security of the data in the mobile phone will
also be worked upon to ensure any unauthorized access may not take place.
References
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Cambridge, United Kingdom.
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platform”, International Journal of multimedia and Ubiquitous Engineering, Vol.9,
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VDRC of Second Order Systems” International Journal of Computer Applications,
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181
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Vol.6 – Issue 2 July-December 2017 ISSN 2319-8702(Print)

VIVEKANANDA JOURNAL OF RESEARCH

Dr. P. K. Das Dr. Sudesh Avte

VIVEKANANDA JOURNAL OF RESEARCH

Members of Editorial Board

© Vivekananda Institute of Professional Studies

Published & Printed by

Vivekananda Journal of Research (VJR) in the present form is an outcome of

Dr. Vinay Kumar

Title of the Article Page No.

Judicial Law Making – How Far Can Judges Go? 1-16

Orbital Debris: The Sad Side of Space Exploration 17-23

Circumstantial Evidence and Media Trial: Analysing Coverage of Investigation, 24-49

Digital India: Vision of Complete Digitization 50-57

The Competition Commission of India: A Jurisdictional Approach & 58-68

Structural and Optical Properties of Vacuum Evaporated 69-74

The E-commerce Effect: Analysis of ‘Lenskart’ as Internet Marketing 75-82

An Exploratory Study on the Impact of Demography on the Customer’s 83-96

Philosophy of Equality of Opportunity:Examination 97-121

Comparative Analysis of Network Analysis Software Applications 122-133

Impact of FDI on Indian Stock Market 156-171

Performance Analysis of Robotic Wi-Fi using Android 172-180

Judicial Law Making Vivekananda Journal of Research

Law making is in the domain of the legislature. However, in the

The Israeli Supreme Court in a remarkable judgment in 1995 in United Mizrahi

1 C.K. Allen- Law in the Making

Judicial Law Making

i) By interpreting an ambiguity or contradiction in a statute;

Cases like RylandsvsFletcher3(strict liability), DonoughuevsStevenson4(duty of

Constitutional Interpretation- Constitutional Adjudication: Nuances and Limits

Questions of great import remain. When is judicial law making inappropriate

11 (1993) 4 SCC 441

Judicial Legislation –Legitimacy

This reasoning and justification for judicial legislation is a constitutional

This is typically the converse case of bills of attainder. Legislative determination

Prof Allen’s insightful enunciation21 is worthy of recall:

The legislature has an entirely different opportunity in ‘making’ law. It is not

Public interest litigation was originally conceived as a jurisdiction firmly grounded in

The not so comfortable results of adopting an interpretative model of judicial

The summons to a better understanding of these issues presses for an answer.

Power is of an encroaching nature, wrote Madison in The Federalist. That is true of

Public law ought in principle to respect conventional limitations on judicial activism

A curative petition envisaged by Hurra22pronouncement appears to be a remedy:

22 (2002) 4 SCC 388

Government is man’s unending adventure. Constitutional choices have to be made.

Orbital Debris: The Sad Side Vivekananda Journal of Research

Keywords: Spacecrafts, Orbital Debris, Space Debris, Mitigation,

Figure 1. Computer Generated Image of Orbital Debris in different Orbital

Country/ Rocket Bodies &

• Anti-satellite weapons test carried out by US and Russia during 1960-1970s

In LEO, the objects travel at a typical orbital velocity of 10 km/sec, a particle of 1

Re-entry and Graveyard Orbit

United States Strategic Command (USSTRATCOM), publishes the orbital elements

Inter-Agency Space Debris Coordination Committee (IADC) has devised certain

Circumstantial Evidence and Vivekananda Journal of Research

In criminal law, evidence is of two types – direct evidence and

Keywords: Direct evidence, circumstantial evidence, media trial, trial

1.1 Direct Evidence

Direct evidence can include:

• Physical evidence of a crime

1.2 Circumstantial Evidence

1 People v Bretagna, 298 N.Y. 323, 325 (1949).