Page 18 - March EW PDF 24

Editorial

REAFFIRMATION OF JUDICIAL INDEPENDENCE states has received more than half of
the value of bonds issued by SBI. BJP
received Rs.6,565 crore via bonds be-
here was always a bad smell about ance of complete confidentiality to tween 2017 and 2023 while the Con-
the electoral bonds scheme purchasers, they could be gifted to gress — the country’s major opposi-
T(EBS) introduced by the ruling registered political parties of choice. tion party — Rs.1,123 crore.
BJP government in the Union Budget An earlier provision in Representation In the circumstances, the Supreme
2017-18 as a Money Bill (exempt from of People Act, 1951, which restricted Court held the electoral bonds scheme
approval by the Rajya Sabha). The corporate donations to 7.5 percent was violative of citizens’ fundamental
unanimous judgement of a five-judge of net profit, was abolished enabling rights under Article 19 (1) (a) which
bench of the Supreme Court delivered even loss-making corporates to pur- includes the right to information de-
on February 15, striking it down as un- chase electoral bonds. nied by the confidentiality/anonymity
constitutional is reassuring because it Self-evidently, this unrestricted provision of EBS. “Information about
contradicts widespread belief that the freedom given to corporate manage- funding of political parties is essential
country’s autonomous institutions in- ments would be detrimental to the in- for the effective exercise of the choice
cluding the media and judiciary, are terest of their shareholders and would of voting,” said Chief Justice DY Chan-
buckling under government pressure. not be exercised without a compelling drachud in his ruling. The judges held
It’s unsurprising that the Supreme quid pro quo. Similarly, a ceiling of that citizens’ right to information was
Court has struck down the EBS be- Rs.20,000 imposed on anonymous of greater import than of the right to
cause it was patently in favour of the individual donations was dispensed privacy of political parties’ donors.
ruling party at the Centre and states with under the new legislation, open- However, it’s doubtful if this judge-
and heavily weighted against opposi- ing the possibility of corporates and ment will serve the purpose of inform-
tion parties. Under EBS provisions, wealthy individuals, assured of confi- ing the public about the funding of po-
corporations and individuals were dentiality, heavily influencing the rul- litical parties. At best, it will restore
permitted to purchase electoral bonds ing party to formulate donor-friendly the status quo ante and funding of
with a face value of Rs.1,000 to Rs.1 legislation or policies. And so it has political parties will be driven under-
crore by cheque or through digital proved. According to data published ground, necessitating generation of
channels — during short time win- by the Election Commission of India, vast amounts of unaccounted ‘black’
dows — from the public sector State in the seven-year period since the money. Its major takeaway is that it
Bank of India. Designed as bearer Electoral Bonds Act became law, the has reaffirmed independence of the
bond promissory notes with assur- BJP ruling at the Centre and in several judiciary.

BULLDOZER JUSTICE & ESTOPPEL DOCTRINE consideration for bribes and issuance
of false documents. Years later after
conniving officials are transferred,
he midnight demolition of min- the national capital stating that to- new sets of officials continue to extract
er Wakeel Hassan’s home in morrow “someone might buy India rents and fees to look the other way
TDelhi by bulldozers of the Delhi Gate and construct a home there”. The until it is no longer possible to do so.
Development Authority (DDA) has justices refused to issue a stay against That’s when bulldozers get to work.
again highlighted the contempt and official demolition — in the style of In the circumstances, it’s high time
cruelty with which government and Hassan’s home — of unauthorised the courts took judicial notice of cor-
its agencies interact with bottom-of- constructions in Dwarka and several ruption and bribery that is rife in the
-pyramid citizens. Hassan attained other areas of Delhi. Curiously, the DDA and municipal corporations. In
national fame last November when learned judges overlooked the fact this particular case, the courts should
he led a team of 12 self-trained ‘rat- that in many, if not most, of these enquire why the DDA did not object
hole’ miners (who venture down nar- cases, the homes were constructed to Hassan’s prolonged adverse pos-
row underground passages to extract on government/DDA land years, and session of DDA land and whimsically
coal from open cast mines) to rescue often decades ago. For instance, Has- decided to demolish his painstakingly
41 engineers trapped in a collapsed san’s home was constructed 13 years financed home this year.
road construction tunnel in Silkyara, ago, according to his wife Shabana. Laws of natural justice mandate
Uttarkashi, after all efforts including In the circumstances, the question that land owners should protest ad-
import of sophisticated earth-boring arises: What was DDA doing all these verse possession as soon as it occurs.
machines from the US, failed. Yet on years? More pertinently, didn’t the au- In particular, government authorities
February 28, without any notice, Has- thority have a duty of care to nip the that don’t dispute adverse possession
san’s home in Delhi’s Khajoori Khas encroachment of its land in the bud? within reasonable time, should be for-
area was demolished by DDA officials Their lordships seem unaware. It’s bidden to interfere with the peaceful
on the ground that it had been illegally common practice nationwide for ubiq- possession of ‘illegal’ occupiers under
constructed on DDA land. uitous touts and middlemen hand-in- the well-established law of estoppel.
A day after this Silkyara hero’s glove with corrupt municipal govern- There’s a lot that’s rotten within civic
home was razed, a Delhi high court ment/ DDA officials to encourage and municipal governments country-
bench expressed indignation about under-educated citizens like Hassan wide. The judiciary should condemn
the spread of illegal constructions in to erect homes on government land in rather than condone it.

18 EDUCATIONWORLD MARCH 2024