Common Law

Whereas the post of Central Information Commissioner [CIC] is left vacant for Shri Wajahat Habibullah is proposed to be transferred to at Chief Information Commissioner at Jammu & Kashmir; And whereas the PM is among the appointing authority of [CIC] it is expected that they will conform to Constitutional and Statutory mandate; And whereas it hardly requires any emphasize that the present practice of Appointments of Information Commissioners or Chief Information Commissioners doesn’t conform to Constitutional mandate of Article 14 & Article 16 and decisions are taken in closed chambers; In many respects, we now live in a society that is only formally democratic, as the great mass of citizens has minimal say on the major public issues of the day, and such issues are scarcely debated at all in any meaningful sense in the electoral arena. Fortunately, with the UPA Govt introducing the landmark RTI Act in 2005 people of India have become the active partners of the govt. ...

FAIR HEARING As far as back in 1885, LORD SELBORNE said in a case that the administrator is not a judge in the proper sense of the word; but he must give the parties an opportunity of being heard, stating their case and their views. Spackman V Plumstead Board of Works [1885] 10 AC 229. Essential attributes of natural Justice however can be thrown overboard only in exceptional circumstances where need for promptitude or compulsive necessity so demands. Hearing, however once given must be genuine and not formal or empty public relation exercise. In other words there must not be lip service to this rule or an audience allowed which tantamount to nothing. Swadeshi Cotton Mills V Union Of India. AIR 1981 SC 818. DISCRETIONARY POWERS Discretion being an element in all powers, what appears to be a Judicial review for breach of natural justice is in reality a review of abuse of discretion. Discretion in reality means a power given to a person with the authority to choose b...

In times of constraints coupled with climate of suspicion, peoples support may come. One has to make silent inroad to voters' mindset. How to silently invade/ conquer Voters’ mindset – 1) However you have liberty to call me crazy and however it is unheard of where a Contesting Candidate campaigns “Don’t Vote me, but Vote the BeST”. Tell Voters- I don’t say give your vote to me, but Select the Best”. Tell them to Log onto mumbaivotes.com or make a Literature which contains info of all contesting candidates and thus distribute. Imagine the impact if the Media takes up this theme in the right perspective. Tell voters about Toll free numbers and SMS number launched by ADR & NEW. Theatre/ Cinema Hall Owners/ Association may be contacted and request them to show a 2-3 minute clip, before the start of movie, of all candidates contesting in a particular constituency wherein the cinema /theatre is placed. [A short 2-3 minute documentary should be made of all contesting candidat...