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...

In modern times, Peoples' Security and Progress are sought to be secured through codified laws and scheme of Justice is thus introduced to secure that Security and Progress. The whole scheme of Justice it appears in its most common acceptation implies the giving of every man his due. What is due then may be attended and satisfactorily answered. "Due" emerge from legal relationship. The relationships are family based & business based, employment based & consumer based, may be of Govt & Citizens, and may be between Citizens & citizens. These relationships are called as Contracts. The existence of legal contract, whether formally written or informally unwritten, is the foundation on which any litigation is built against somebody. Then, I think, what are the ingredients of "Legal Contract" may be attended. .................. .................. There were ancient times immemorial when there were no laws to govern and man were sov...

I will begin with, to recall historic incident of Indian freedom struggle, occasioned with Mohandas Karamchand Gandhi (His Journey towards Mahatma). In the year 1893, when in South Africa, while holding a First Class Compartment ticket and traveling in, Mohandas was thrown out of the train, for in those times “Blacks” were not allowed to travel in the First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 in the chilled night. That designated “Black” sent a Telegram to the General Manager of the Railways and registered his complaint. The Complaint of that designated “Black” was attended forthwith, and the General Manager instructed the Station Master to secure that the complainant reaches his destination safely. The complainant was accommodated in the very next morning train to his destination. And it is no exaggeration if I were to say that, here in the era of INDEPENDENCE and 21st Century of modern democracy, we the people of Sovereign India, whose com...

I take the privilege to present here some of the invaluable key points that if strictly pursued upon with her/his Lawyer may help the litigant to secure meaningful justice in a time bound manner. It must be stated that some of the inputs below are the extracts of a PIL filed in Supreme Court by Janhit Manch & others, meticulously drafted by none other than Advocate Prashant Bhushan, one of the finest Legal fighters India has today. Link to Complete Petition: http://www.janhitmanch.org/judicialdelayssolutions.pdf PRE-LITIGATION: Time and again it is seen that Public Officials consciously indulge in complete disregard of established laws OR in neglect of their duties OR in not complying with Court orders.........and cause us to indulge in expensive and avoidable litigation. That the government is known to be a huge contributor to delays, in matters where it is a party – at various stages – from evading notices, replying to notices and replying without application of...