Time ripe for making electoral promises legally binding

At last, the curtains have fallen on the Maharashtra drama enacted for about a month with all the ingredients of a Shakespearean play.

The high-sounding claims by almost all the parties who mattered most in the scene have fallen flat. Unfortunately, this was not for the first time that the people watched with awe and disbelief the naked dance of the power-mongers hailing from different political parties. The history is replete with similar incidents in Goa, Karnataka and other States.

Indeed, this is a solemn occasion for all right-thinking people, including the people in power, judiciary, legal fraternities and those who really believed in the democratic values enshrined in the Constitution to ponder over the pros and cons of the sordid drama.

The Constitution of India is a guiding source for all matters connected with governance of the country. It deals with the creation of States, election of the lawmakers, formation of governments at the State and Central levels, Constitutional authorities, judiciary, defence, finance, power sharing, fundamental rights, directive principles, duties of citizens etc. It is fairly an exhaustive document which leaves a little scope for confusion.

However, the ground realities are not akin to the Constitutional spirit. Firstly, the people are left to guess at the time of voting whether they are voting for a particular person or a political party. Quite often, it so happens that either of them is of no liking to a voter.

Still the helpless voter has to exercise his franchise. Then, comes 'Marketing' of a political party which is done by a document called, Manifesto.

Ideally, this document should contain two parts, one, the promises party would implement in next five years if voted to power and two, the promises, if voted successively for a long term, it would implement.

The tendency to make tall, impracticable and false promises in manifesto needs to be curtailed. For this, suitable provisions may be incorporated in the Representation of People Act whereby not fulfilling the electoral promise/s , after coming to power should attract exemplary fine including debarment of the party from contesting future election for a certain period.

Further, in order to put a break on the corrupt practices like 'horse-trading' by a party or parties subsequent to the outcome of an election with a view to muster necessary strength to form the government, not only pre-poll alliances between contesting parties should be registered with the Election Commission, but also stringent provisions like levying hefty fines and suspension or de-recognition of a party dishonouring such pre-poll alliance should also be incorporated in the Representation of People Act.

Similarly, appropriate legal provisions should be incorporated in the existing law and Rules of the police and other security agencies to ensure that after getting elected to an elective post, the protection and well-being of such elected representatives becomes the responsibility of the administration automatically.

Such protection should be given to the family members of the elected representatives also and the same should continue for the complete term. This measure would root out the laughable practice of 'hijacking' the newly-elected public representatives and keeping them at secret places or secured places like five-star hotels.

These measures could effectively prevent the repetition of the unsavoury situation of shame and disrepute brought by recently enacted Maha Drama by the power-hungry politicians.

Pak SC shows guts!

For one good reason, the dauntlessness, the Chief Justice of Pakistan (CJP), Justice Asif Saeed Khan Khosa, deserves to be congratulated by those who have unimpeachable faith in judiciary and the Rule of Law that it always observes.

CJP Khosa has taken a bold decision to declare the three-year extension of service from November 30 this year granted to General Qamar Javed Bajwa, the 10th and current Chief of Army Staff (COAS).

Undoubtedly, such a bold decision taken against the de facto ruler of the country requires guts, and the CJP Khosa has proved by his decision that he is made of a different metal. Everyone knows that in Pakistan, there is no real democracy, though it boasts of it.

The civilians are selected, elected and retained at the behest of terrorist outfits such as ISIS, Talibans etc; and the voice of citizens always falls on deaf ears of terrorist junta. Army and other defence wings are the puppets in the hands of terrorists.

Amidst such a pathetic scenario a judicial order granting just six months time to amend the relevant laws to facilitate continuation of further extension of service of General Bajwa or else sending him home on retirement is indeed, a forceful assertion of Pakistan's judiciary of its supremacy.

One can't be his own judge: SC

In an important judgement delivered by the apex court on November 26, it has been held that a person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator.

The bench comprising Justice Uday Umesh Lalit and Justice Indu Malhotra dealing with Perkins Eastman Architects DPC vs. HSCC (India) Ltd ruled that Clause 24 of the Agreement empowered the Chairman and Managing Director (CMD) of the company to make the appointment of a sole arbitrator was arbitrary and hence the power of the CMD was obliterated.

Citing the judgement of TRF Limited vs Energo Engineering Projects Ltd the bench observed :" .. the Managing Director was found incompetent, it was because of the interest that he would be said to be having in the outcome or result of the dispute.

The element of invalidity would thus be directly relatable to and arise from the interest that he would be having in such outcome or decision." The court further ruled: " ...all cases having clauses similar to that with which we are presently concerned, a party to the agreement would be disentitled to make any appointment of an Arbitrator on its own and it would always be available to argue that a party or an official or an authority having interest in the dispute would be disentitled to make appointment of an Arbitrator. "

This Judgement would offer huge relief to millions of borrowers of money from banks and NBFCs, credit card holders, suppliers and purchasers of goods etc; whose contract agreements have been unilaterally drafted by the lending institutions and suppliers in an arbitrary manner, printed in small fonts and the needy borrower or buyer asked to sign on the dotted lines without a second thought.

Such practice is nothing but fleecing and the contract itself stands vitiated because of the absence of the basic ingredient called, consensus ad idem.

Lawyers' apex body to celebrate diamond jubilee

The premier all-India organisation of lawyers, jurists and law teachers in the country, the Bar Association of India (BAI) will celebrate its Diamond Jubilee on December 3.

Synchronising with the 150 th birth anniversary of Mahatma Gandhi, the celebrations would be witnessed by eminent personalities from judiciary and legal fraternity.

According to Dr Lalit Bhasin, President, BAI, the day would also be celebrated as the Lawyers of India Day. Justice S. Ravindra Bhat of the Supreme Court of India will preside over the function and deliver the keynote address.

On this occasion, the "the Living Legends of Law "awards will be given to eminent lawyers, law teachers and jurists. Among others, Prof Upendra Baxi, former Vice Chancellor, Delhi University, Mr. V.R Reddy, former Chairman, BCI, Dr Pinky Anand, Addl. Solicitor General of India and Senior Advocate Apurba Kumar Sharma have been named as the recipients of the prestigious Awards.