Advocates can practice in any courts, tribunals and other quasi judiciary body

Now, lawyers can practise, as a matter of right, in all courts and forums, including tribunals or any quasi-judicial authority.Fifty years after the Advocates Act, 1961, came into force, the Centre has notified Section 30 of the Act — with effect from  June 15 2011 — to enable advocates to practise anywhere.  This provision was not notified when the Act was added to the statute book. As a result, in certain courts and tribunals, lawyers could appear only if they were permitted by the presiding officer.

For some strange reason, this Section 30 was not notified for the last fifty years. The Government has issued a notification last week appointing June 15 2011 as the date from which this section will come into force.

The long-pending demand of lawyers for notifying this Section was fulfilled, thanks to Union Law Minister Veerappa Moily’s initiative.

Section 30 says: “Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.”

In an interaction earlier this month with The Hindu, Mr. Moily said he would take immediate steps to get Section 30 notified.

The government issued the Gazette Notification on June 9. It said: “The Central government hereby appoints June 15, 2011 as the date on which Section of the Advocates Act shall come into force.”

Read More

Parallel representation in a democracy

India being a democratic country has a process of electing the members to the legislative assembly  through  elections. These elected members are the representatives of the civil society. In the recent past there is birth of a new class of civil society representation mostly consisting of social activist. This representation is though for a special purpose, it seems like special purpose  company. This new class of civil society representation though was not elected, but commands a huge support from the public especially from middle income group and younger Indian generation. The purpose for the new class of civil society representation is to fight against corruption and first step being to draft a strong lokpal bill. Government due to intense pressure from the public accepted the new form of  civil society representation and agreed to give limited power in the drafting committee.

Focused civil society

Now in India there are two class of civil society representative, one is of course making an issue based representation.  The newly formed representation from the civil society is more focused on the issue and takes all rational and possible step to  achieve the special purpose (in the current case it’s lokpal bill) but the elected government remains uncommitted for a strong lokpal and often causes lot of distractions. on this we can say unelected representative are more focused and committed compared to the elected representatives.

Difficulty in working together

The elected representatives by accepting the new civil society representation feel very unsecured and want to suppress the civil society representation and on the other hand the focused civil society working towards a successful mission and also wants set a strong precedent for the future. there is clearly an great difference of intension. It would be difficult for both to work together, it’s clear mismarriage between the two.

Necessity for parallel representation

Of course necessity are mother of all invention, now what is the necessity for the parallel people presentation in  a democracy. The only reason could be that the people have lost the faith in the government so much that they have supported a group to form a new civil society representation. Government in the recent protest by baba ramdev, did explain the country about it intention and it’s action for recovering the black money but cry conspiracy. This ia very clear sign that government is inefficient and lacks trust so it’s nature that any group or person raising the voice against the government would be supported. It’s the failure of the elected representative has led to the birth of a new class of civil society.

Can Civil society deliver

The current issues that are taken up by the civil society are larger issue like corruption, black money etc. The elected government would do everything to stop the civil society from achieving it’s goal because if civil society achieve it then it would expose the inefficiency of the government so the government could very well prolong it so that nothing really happens and but will certainly show as if it’s serious and working towards it. The civil society representative can help for change of guard at the centre but Presently in India is a literally have no good alternative so therefore even if there is change in the guard, there could be very less action. special purpose representative is good and effective for smaller issue like construction bridge, demanding reliefs etc and can see an immediate solution. when  a larger issues like corruption and better governance taken up the solution cannot be reached in a short period and also a lot of elected representative will be badly affected  so a immediate or solution cannot reached and civil society representation will mostly fail. 

Read More

Midnight arrest of democracy

CNN-IBN has reported that kapil sibal said “ swami who teaches yoga asanas to the country shouldn't teach political asanas”  and the mid night arrest followed it… is it democratic?, well many have argued that by going on a fast one is actually holding the government for a ransom and is undemocratic… well now government has arrested and charged a person for rioting but actually he was peacefully protesting. Many of those who have looted the nation’s wealth remain free without any charge being framed against them but a person who is protesting peacefully and well with in his legal rights being charged with rioting is mockery of democracy.

Kapil sibal .. devil’s advocate

Well, regarding kapil sibal’s statement, when an Advocate like him can take up politics, why should not a yoga guru take up politics or does he not have the right hold a peaceful demonstration against the government which is in his opinion inefficient in tackling the corruption and black money issue. A Lawyer cum minister making such irresponsible statement is never a welcomed one at any point of time.

Read More

Is anna hazare trustworthy ?

Jan lokpal bill movement had create a fresh wave and some amount of confidence to the citizens of this country. Soon after the governments acceptance of the demand there was a CD controversy. The Bushans were accused or alleged. The controversy is still remains unsolved and in court. Did the supporters of lokpal bill & anna hazare movement knew fully about Anna hazare and the Bushans. This whole movement was hyped by the extra ordinary media coverage. Did this movement had any hidden political agenda. The article that i read in www.openthemagazine.com show a different picture. Even though the movement was for a good cause, should supporter have scrutinised  them with more care and prudence. There is a long way forward for the lok pal bill and flight against corruption. In days to come one can unravel the mystery behind the Anna hazare and Bushans.

 

Related article

Read More

Kanimozhi still walks free…

Kanimozhi’s bail plea is adjourned till 20 of this month. Public would certainly have a suspicion on the adjournment, this didn’t happen to all the other accused which includes high profile Raja who was ex-minster. Is there any influence on the judiciary?, certainly a question which needs no answer. Certainly there is a feeling that supreme court may come down heavily on CBI court. Congress party certainly is boasting of adequate action in the 2G spectrum scam but it’s clear and becoming evident that the entire investigation along with PAC and JPC would lead no were but to cover ups. This is the hard truth about the Indian government and the judiciary. We feel that judiciary is certainly not free and strong enough in India. 

Read More

Mamata has the mandate

Mamata has broken a 34 year long communist rule in Bengal. The main strategy during the election was development and care. Will she be able to delver development in Bengal, the question is out there and may be after 5 years we may have the answers. Below are the action plans of TMC in Bengal, let us wait and watch

 

TMC’s Manifesto for 2011 elections:

• REVIVE West Bengal's industrial glory with a three pronged strategy
• CREATE employment on a massive scale with
• DRIVE education and skill formation as engines of empowerment
• REVAMP healthcare sector with prime focus on rural health
• LAUNCH and execute an ambitious infrastructure building program
• UNDERTAKE farmer centric comprehensive rural development program
• RESTORE financial health of the state urgently State is in total financial bankruptcy: Restoration of State finances is a major challenge ahead
• Rescue the state administration from he clutches of party centric and cadre centric exploitative model

Read More

Will UDF deliver?

UDF just managed a victory. LDF will be a strong opposition through out this 5 years period. Can the UDF deliver the promise or will it be an yet another forgotten manifesto.

 

UDF Election Manifesto for 2011 state election.

6 lakh jobs for the unemployed youth.

25 kg of rice at Re one a kg rice for Below Poverty Line families and at Rs two per kg to others.

Farm loans at three per cent interest.

Free bi-cycles to class X students.

Setting up of pepper and horticulture boards.

Back-door appointments to be reconsidered.

Interest-free loans for purchasing computers and motorbikes for students.

Making Kochi Metro project a reality.

Ensuring electricity connections to all households within one year.

Exploitation by operators of other state lotteries to be stopped.

Read More

Will Jaya Deliver?

With a massive victory, Jaya has come into power and expected to be in power for a period of 5 years. Can she delivery the promises that she has made during this election. will governance & law and order situation change in the state of Tamilnadu. all these questions will be answered in a period of 5 years, it’s quite a long period. Below are the election manifesto of ADMK for the election 2011.

 

ADMK Manifesto for 2011 elections

 

1. 5 lakh IT Jobs in 5 years

2. Opening a Engineering colleges equivalent to IIT Chennai in more then 5 major cities of Tamilnadu

3. Ensure Tamilnadu garden of peace

4. Develop new technology for more growth

5. Take the states economy to new heights

6. Introduce more development schemes for people’s welfare

7. Eradicate illiteracy

8. Improve the lot of women

9. Attracting foreign companies to invest in Tamilnadu

10. Works towards prosperity of farmers, weavers, fishermen, students, government employees, teachers, workers and other sections of peoples.

11. Control prices

12. Snuff out communalism, extremism, un separatism

13. Deal with inter-state issues in amicable manner

1. Free Laptop for all Higher Secondary Students and Art & Science college students.
2. Community and other certificates will be issued in the School.
3. Govt School students will get four sets of uniforms with chappal and Pvt School students will get stipend.
4. 20Kg Rice for all ration card holders.
5. Free cable connection for public and cable TV will be Govt owned.
6. Free Mixer, Grinder & Fan for households.
7. Mobile hospital to serve the needs in their home.
8. Poor people will be given Rs.1.80lakhs as subsidy for home construction.
9. Above 58aged will get free bus pass.
10. Poor will get Rs.25000/- alongwith 4Gm gold for marriage.
11. Pregnant women will get Rs.12000/- with 6 month leave.
12. Sugarcan purchase cost will be increased to Rs.2500/-per Ton and Govt Sugar mills will be enriched.
13. Military force will be deplayed for electricy theft.
14. Three phase EB connection will launched in Rural & Urban areas within four years.
15. Restructured health plan for all.
16. Special welfare scheme for Srilankan Tamil refugees now lodged in camps across the state.
17. Below poverty level people will get 20liters mineral water per day.
18. Old aged persons abandoned by their wards would be lodged in homes with three time meals, medical checkups with library facilities.

Read More

Rahul is an opportunist

Knowing fully well about the current situation rahul joined the farmers strike. Rahul is very much interested in his welfare, he is keen in building up his and congress party image in the state of Uttar Pradesh. surprisingly rahul did not join the Lokpal bill movement but suddenly find himself supporting the farmers violence turned non violent protest. When there was lokpal movement against his party and the central  government there was no comments from him but when the movement or protest is against other political party he jumps in immediately to support the protest. All his support id only for political mileage and for nothing else.

Read More

Endosulfan should be Banned

Endosulfan is a pesticide which is heavy used in India agriculture, India is the largest user of Endosulfan, it is considered to be highly toxic and dangerous to human and human environment. The Kerala government had banned the use of endosulfan in the year 2001 and later it with drew the ban due do the pressure from the pesticide/fertilizer manufacturers, after about 10 year now Kerala government is once again seeking for a ban and for national wide ban. On the other hand congress government is reluctant on this issue as there are  pesticide companies interests  involved in it. It is high time that government should ban such toxic pesticide.

Read More