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VOTER TURNOUTS – (ARE WE HEADING TOWARDS A BETTER DEMOCRACY)…

The story of colourful and chaotic elections in India, the world’s largest democracy, can offer many surprising vignettes. If we go back in history of general elections in India then we are able to understand the phenomena of voter’s turnout.

A record number of 1,033 candidates contested the Modaurichi assembly constituency in Tamil      Nadu in 1996, and the ballot paper was in the form of a booklet?

Or that the lowest voter turnout in a polling station is just three, reported from Bomdila district in Arunachal Pradesh?

Or that in Gujarat’s Gir Forest, officials set up a voting booth, manned by five people for just one voter, Mahant Bharatdas?

General Elections 2014 for the constitution of 16th Lok Sabha recorded a poll percentage of 66.38%, an all time high. The last highest record of poll percentage was 64.01% seen in 1984 general elections when Congress leader Rajiv Gandhi rode a sympathy wave to come to power after the assassination of his mother and then Prime Minister Indira Gandhi.voting

In 2014 general election the states with the highest turnout in this election were Lakshadweep (86%), Manipur (80.14%), Nagaland (88.57%), Tripura (83.32%) and West Bengal (81.77%).  The ongoing general elections in India, set to become the biggest election in world history, are nothing short of a marvel too, not just in terms of sheer size and numbers but also when one considers weird facts and practices associated with the grandest spectacle on earth.

A whopping number of 814 million voters are eligible to vote in the nine-phase, five-week-long polling process (April 7 – May 12), 103 million more than the population of the whole of Europe.

There are over 100 million first-time voters eligible to vote in these elections, more than the size of populations of UK (63.7 million) and Canada (34.8 million) put together. Of these, 23 million first time voters are from Uttar Pradesh alone, just 3 million less than the population of the five Nordic countries (Denmark, Finland, Iceland, Norway and Sweden) put together.

To make this possible, the Election Commission of India has made arrangements for nearly a million polling stations, an increase of nearly 12 percent since last general elections in 2009. So many polling stations were necessary, considering the Election Commission’s decision that no one should have to travel more than two kilo meters to reach a polling station, and that no polling station should have to manage more than 1,500 voters.

FOR THE FIRST TIME…….

For the first time voters across the country would be able to exercise the “none of the above” option for candidates in the 2014 polls. India is the 12th country to implement NOTA.

Over 28,000 transgender community members have registered in the electoral poll so far and will be eligible to vote in this election. Election Commission has introduced this category in 2012. India’s transgender community is being recognized for the first time and can vote under “third sex” or “others,” a category that didn’t exist in the previous elections.

Around 12,000 non-resident Indians registered as voters will be able to exercise their voting rights for the very first time. Kerala has the highest number of NRI voters. A citizen-reporting tool called Election Watch Reporter, an Android-based application developed by the National Election Watch, is being deployed by the Election Commission in the polls to keep a check on malpractices such as bribing of voters in the form of liquor distribution, cash and also excessive spending by candidates.

The voter turnouts during the most recent elections in India at the state level were among the highest ever seen. At the national level too, the trend is that turnout is on the rise. The main reason for this is that people see their role in politics as very significant and it often the poorest who are the most enthusiastic voters. While we think elections are about politicians, political parties, and results, voters attach great meaning to their own role in elections. Indians are very aware that without their showing up at polls on election day, there would be no elections or democracy. There’s a complex understanding among Indians of their right to vote—they see it as their duty and right as citizens.

 On the basis of above given reason we can say that now we are heading towards a better democracy…..

The Collegium System…

In a meeting held last week, the Supreme Court Collegium headed by Chief Justice R.M. Lodha the cleared the names of two senior advocates as judges to the Supreme Court. The two judges being nominated are the former solicitor generals GopalSubramaniam and RohintonNariman.The move is being considered as landmark as it comes after more that fifteen years since an SC judge was appointed directly from the Bar. The last lawyer appointed directly to the Supreme Court bench was SantoshHegde in 1999. Only three other judges, namely Justices S.M. Sikri, S. Chandra Roy and Kuldip Singh have been appointed to the Supreme Court directly from the bar. In the wake of this development it is important to analyze how does the appointment of judges take place in India.supreme court

Article 124 deals with the appointment of Supreme Court judges. It states that the President should make the appointment after consultation with such judges of the High Courts and the Supreme Court, as the President may deem necessary. The CJI is to be consulted in all appointments, except his or her own.Contrary to the Article the practise is that the judges are appointed through a collegium. The “Collegium” is a system under which a forum of the Chief Justice of India and the four senior-most judges of the Supreme Court decide appointments and transfers of judges. It has no place in the Indian Constitution.

There has been a constant battle between the executive and the Judiciary for the appointment of the judges that can be evinced from the following 3 cases. The S P Gupta case (December 30, 1981) is called the “First Judges Case”.  The Court held that the president could refuse the recommendation of the CJI. This brought a paradigm shift in favour of the executive having primacy over the judiciary in judicial appointments for the next 12 years.

On October 6, 1993, came a nine-judge bench decision in the Supreme Court Advocates-on Record Association v. Union of India case — the “Second Judges Case”. This was what ushered in the collegium system. For the next five years, there was confusion on the roles of the CJI and the two judges in judicial appointments and transfers. In many cases, CJIs took unilateral decisions without consulting two colleagues. Besides, the President became only an approver.

In 1998, President K R Narayanan issued a presidential reference to the Supreme Court (Third Judges Case)as to what the term “consultation” really means in Articles 124, 217 and 222 of the Constitution. In reply, the Supreme Court laid down nine guidelines for the functioning of the coram for appointments/transfers, which is the present form of the collegium.

There is a marked difference between the practices of other countries. Sec. 2, Art. II, the USConstitution states that the President of the United States with the advice and consent of the Senate appoint all judges. There is no statutory qualification for judicial appointment to theSupreme Court or the lower federal courts. On the other hand in GermanyFederal judges are picked in an in-camera-procedure by a body composed of a Minister of the federal state, federal MPs and ministers of the states (article 95 para. 2 of the federal constitution). Candidates do not have to be professional judges, but lawyers. There is neither public hearing, nor the identity of any candidate is disclosed to public.

The reason for the gap of 15 years in appointing lawyer as a judge may revolve around the question of neutrality as he maybe biased towards his previous clients. Other criticism of collegium as the judge appointing bodymay lie in the administrative burden of appointing and transferring judges without a separate secretariat or intelligence-gathering mechanism dedicated to collection of and checking personal and professional backgrounds of prospective appointees. Also, the fact that it is a closed-door affair without a formal and transparent system, along with limited field of choice of senior-most judges from the High Court, overlooking several talented junior judges and advocates raises doubts about the efficacy of this system and calls for reforms.

Rent Control Act 1958 – Do we need a better law?

It is not new that Rent Control Act of 1958, which once was introduced as a welfare measure became a focal point for allegations for being an unfair, biased and archaic law. It is claimed as an unfair and biased law since it largely catered the tenants and never paid heed to landlords and was considered archaic as it was incapable to fit in the New times and adjust with New complications. On a closer look we find that these allegations are not completely baseless but do indicate several grey area where urgent attention is required.

The Rent Control Act of 1958 suffers the stage of disability at many paints. It favour old age traditions of oral agreements which have always been considered as hurdle in the Court of law to deal with not only this but this act basically deals with the properties having rent below Rs.3500/- only and rest is dealt under TPA. This is one of the major reason that the scope and area of this act is very much restricted and has not gained compatibility with changing times. In the era of 21st Century where rates of almost everything are as high as skyscraper this act dealing with the property of rent upto 3500/- is not only weak but almost unnecessary.

Other than this act of 1958 has almost neglected the needs and requirements of landowners.

The “Standard Rent” defined in this act does not take care of cast of construction, improvement, market price of land etc. as an important deciding factor also there is no talk of other important charges that are to be paid by tenants regarding maintenance, electricity or water charges.

Nowhere is mentioned about the rights and duties of tenants and landlords and hardly any provision to deal with the genuine problems of landlords. There are situations where landlords are in genuine trouble either because of paltry rent being paid by tenants as per the provisions of act of 1958 or in cases where they are unable of get possession of their own property despite of their urgent needs.

Although Rent Control Act of 1995, which was passed but was never notified hearing, the wrath of tenants tried to make some important changes, it never saw a day of light as it was not acceptable to tenants of Delhi. These conditions clearly demand the codification of a New and better law by keeping in mind the need of home and welfare of landlords as well as tenants. It is a huge responsibility of legislation to provide such a balanced or satisfactory law otherwise this so called welfare measure legislation of Rent Control will never be able to meet its objectives and goals it aspired for.

Poisoned Schemes

The ongoing mid day meal horror story has sent shock-waves all over the country. The traumatizing death of around 27 children, so far because of contaminated food cooked in insecticide containers being served in schools in the name of mid day meal is itself making it quite evident  how carelessly the objectives of this welfare state are being carried out.midday-meal-scheme_afp

The midday meal scheme which was once brought in with the purpose of attracting poor children towards schools so that they could be insured a better life seems like have distracted its pathway. No doubt it has been center of corruption from a very long time but things seems to have reached a new level when such food poisoning is taking place.

Seeing all this, it seems that all the efforts of judiciary in enlarging the scope of article 21, which is fundamental of all fundamental rights ,and infusing right to food and livelihood within its domain seems to be futile altogether. Not only this, but various efforts made by the Govt. through various policies and schemes too, seem worthless. In fact the initiatives are now having a negative impact on the life and the survival of our new generation.

This particular horrifying incident which is not the first of its own kind sends out a clear signal to our govt. that simply having big dreams and schemes won’t be sufficient. If we seriously wish to see our future generation in a better place, our action and our commitment too, will have to match the standards of our objectives. Just making few schemes for the sake of formality will never lead us to the golden future we are looking for.

SAFE ROADS, SAVES LIVES

The recent PIL filed in Supreme Court by an NGO, Save Life Foundation demanding ban over consignments of iron rods and protruding objects in the vehicles as they have been one of the biggest reason behind increasing number of accidents in India, has posed an important question over our capability and sensitivity in tackling such life threatening hazards we come across almost every day.

Since 2006, India has faced the largest number of accidents in the whole world. Also according to the reports of World Health Organization (WHO), by 2020, HCL_executive_car_accident_295road accidents would be the biggest killers in India. These facts and figures are capable enough to decode how tough situation can be in our near future. One of the major distressing factors is that we lose lot of our young people in such fatal accidents, unnecessarily when this condition can be turned around by some simple changes in our legislation and our approach. Plus running of these vehicle carrying steel or iron rods and other materials that jut out of such vehicles will only add to the misery in such cases.

Even when the condition is so grim, our legal provisions are not that strong as they should be. We are still dealing with old age legal provisions in such cases which do not fit with the circumstances and demands of 21st century. As per rule 93(8) of Central Motor Vehicle Rules, 1989, protrusion up to 1 meter or 3.28 ft is actually allowed. Keeping in mind the actual Indian road and traffic scenario it is extremely important to carry such material in covered trailers or otherwise this particular provision is fully capable of creating further damage in accident cases. Other than this the penal provisions and fine imposed in such cases, too, are old as well as unsatisfactory. As per section 177 of motor vehicle act which deals with such accident cases, pecuniary fine is only up to Rs bsk blog pic100 while there is no talk of any kind of punishment. These provisions are not only old and ineffective but also provide an easy exit to the offenders.

This PIL has definitely played the role of an eye-opener and has tried to contribute and pave way for our better life. These kinds of initiatives should be welcomed as they leave positive impacts in the society and are meant towards the welfare of people in general.  Now it time for the legislative and judiciary to take the plunge and ensure better provision with strict implementation in the right direction keeping in mind the necessity and factual conditions of 21st century.