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As India goes crazy about Anna Hazare, a small reminder.
In Manipur, a woman called irom Sharmila has been on a hunger strike for 10 years because Media does not highlight that.
Let's now do something for Sharmila.........

Being a law school student means getting enlightened about various laws for a continuous period of 5 yrs, from cases where some stupid insect was found in Beer bottle that led to whole lot of hoopla regarding it and a resulting landmark case slapped on students, to cases of breach of contract, to promissory estoppels. Furthermore, studying many confusing notions, encountering situations when you feel like murdering the professor to see whether its culpable homicide or murder while he is trying to make you understand the difference between the two! There is so much more to it, sleepy classes of Procedural laws, complexities of Constitutional law, times when mind stops interpreting while reading Interpretation of Statues or the burden of Tax laws!

We won!!! After a massive and unprecedented outpouring of public pressure,the government has given in and met all of Anna Hazare's demands!! 

Over 500,000 of us signed the petition - at one point 30,000 people per hour! The petition was widely covered in the national press as evidence that the anti-corruption movement was growing like wildfire across the nation -- ramping up the pressure on the government. 

This is just the beginning -- there will be more chances for corrupt politicians to stop this bill -- but if we stick together, we can make this the beginning of the end for the poisonous culture of corruption that stifles this nation. Let's take this moment to celebrate together, thank each other, and share thoughts for all the possibilities of the road ahead. Click below to join a live chat of our entire community:

http://www.avaaz.org/en/anna_hazare_victory/?vl 

The government delivered a signed commitment to Hazare this morning at 10am, promising to accept a committee to finalize the drafting of the jan lokpal bill that is 50% composed and led by civil society. PM Singh further promised to table this bill for a vote by the next parliamentary session. In response, Hazare has declared an end to his fast. 

The country is buzzing with excitement and optimism at this tremendous victory. We've received a flood of emails of enthusiasm and support. Everyone is saying that this is like the return of the satyagraha movement - to liberate India once again from a new kind of tyranny. But this time Satyagraha has a powerful ally in technology and the way citizens can rapidly mobilize online to join and strengthen the call for change.

Jan Lokpal will set up a truly independent body that investigate and charge corruption anywhere in the government, even the PM's office. It is a dagger aimed at the heart of corruption. Many politicians will do everything they can to stop it, and it will take all of our vigilance and commitment to make sure it becomes law. But it will become law, because today showed that people power is stronger than any corrupt politicians, and now that we know that, there's no going back. A new India is being born, let's build it together.

Right now, Anna Hazare, a 73-year-old Gandhian, sits fasting in the burning sun, and he will stay until death -- unless the government agrees to consider a powerful law that could rid Indian politics of the scourge of corruption. 

This “Modern Mahatma” is taking the utmost act of courage and determination to push through a bill that would give an independent body the power to punish corruption -- even in the Prime Minister’s office. Across the country a movement has exploded, driving a media storm of pressure that’s engulfing Singh. But dirty politicians are desperately trying to water down or kill the law.

For the first time in forty three years, we have the chance to change the way politics is done. Let's join together and stand with Anna Hazare to tackle corruption and clean up Indian politics. We have no time to lose -- sign the petition to be delivered directly to Prime Minister Singh and reported to the media, and spread the word to everyone:

Click here to sign the petition!--http://www.avaaz.org/en/stand_with_anna_hazare/?slideshow#top

Hazare is championing a citizen-developed bill called “Jan” Lokpal that will create an independent body, selected by judges, citizens and constitutional authorities, with enough power to investigate and punish all politicians. No minister or bureaucrat will be able to influence its investigations.

Since 1968, when this bill was first introduced, greedy politicians have thwarted its passing. Now the government is pushing for a watered down Lokpal with no hope of ending fraud, vice and dishonesty -- it gives politicians overriding power to decide who will be investigated, and is a complete sellout. 

Pressure is mounting on Prime Minister Singh to endorse the "Jan" Lokpal. Members of the opposition party have begun to make the right noises in support of Anna Hazare. And even the National Advisory Council, a powerful advisory body to Sonia Gandhi have come out in favour of the bill. But corrupt politicians and vested interests are doing all they can to kill it. 

Anna Hazare has set the example. But only a national citizens movement can ramp up the pressure to get Singh to endorse “Jan” Lokpal and save Hazare's life.

Click here to sign the petition!__http://www.avaaz.org/en/stand_with_anna_hazare/?slideshow#top

Corruption in politics has become a plague across our country, it is draining our resources and demoralizing our nation. This bill would go a long way to deterring those that steal and undermine the public good. Last year, the Avaaz community in Brazil won an important victory -- against the odds millions of people came together and pushed through a historic anti-corruption law. India has a proud history of people power overcoming oppression -- today if we all stand with one voice we can fight this corruption that is poisoning our political system.

(1) A note was struck by Apex Court in Superintending Engineer, Public health, U.T. Chandigarh V Kuldeep Singh when it observed: “Every Public servant is a trustee of the society; and in all facets of public administration – every public servant has to exhibit honesty, integrity, sincerity and faithfulness in the implementation of the political, social, economic and constitutional policies to integrate the nation, to achieve excellence & efficiency in public administration. ...”

Contrary to above, the experience is that the holders of public offices treat the authority in their hands, as one bestowing upon them, the status of a ruler rather than one in public service.

Statutory / Public authorities / Public officers, especially highly placed, soaked in arrogance of their powers, generally do not bother themselves to the complaint of Citizens, and their replies sometimes are deliberately illogical and evasive. This essay seeks to engineer an effective answer to deal with this menace.

(2) We, the people of India have so many rights, under the Constitution and under various Statutes, and I thought let us contemplate one more right, that is “Right of Reply”. It is my case that Citizens’ have a right to receive proper reply, of the complaints made to public / statutory authorities.


(3) In fact, in the case of Salem Advocates Bar Association, Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the Hon'ble Supreme Court, among other things, said - Judicial notice can be taken of the fact that in a large number of cases either the notice is not replied to or in the few cases where a reply is sent, it is generally vague and evasive. It not only gives rise to avoidable litigation but also results in heavy expenses and costs to the exchequer as well.
A proper reply can result in reduction of litigation between the State and the citizens. In case a proper reply is sent, either the claim in the notice may be admitted or the area of controversy curtailed, or the citizen may be satisfied on knowing the stand of the State

In the above case strict duty is cast upon the Public authorities to make proper replies if they happen to receive any statutory notice, either under section 80 of CPC 1908, or under any other statute. I say, when a law recognizes a duty, correspondingly, law also recognizes a right.


(4) It is my case that Citizens’ Right of “Reply” can be traced to preamble and to Article 14 of the Constitution of India and in numerous rulings made by our Constitutional courts. In wealth of the Judgments delivered by our Courts, it is repeatedly affirmed that public authorities must exercise their discretionary powers in a reasoned and justified manner, failing to which leads to inescapable violence to Article 14 of the Constitution of India.
Citizen’s “Right of Reply” is inherent in “Duty to reasoned exercise of discretion by Public authorities”, a duty which is consistently cast upon public / statutory authorities by our Constitutional Courts, in their series of judgments.

(5) It is my case that when the Courts, in their wealth of judgments, lay so much emphasize on recording of reasons by public authorities, in the discharge of their duties even when administrative in nature, the recording of reason in their decision itself presupposes the obligation of giving reply, and not only a mere reply but a reasoned reply. It cannot be said that – whereas authorities are under obligation to make reasoned reply but they are at liberty to not to make any reply.


(6) It is my case that in wealth of judgments, the Courts have insisted upon recording reasons by administrative authorities on the premise that such a decision is subject to judicial review and the courts cannot exercise their duty of review unless courts are duly informed of the consideration underlying the action under review. A statement of reasons serves purposes other than judicial review inasmuch as the reasons promote “thought” by the authority and compel it to cover the relevant points and eschew irrelevancies and assures careful administrative consideration.


(7) When, in the case of M Krishna Swamy versus UOI reported in (1992) 4 SCC 605, the Hon’ble Supreme Court held that any action, decision or order of any statutory or public authority bereft of reasoning would be arbitrary, unfair and unjust violating article 14 of the Constitution of India, then, it is my case that non-reply of any complaint received by any public /statutory authority, is a positive act of omission, an arbitrary, unfair and unjustified decision of that public / statutory authority to not to make a reply, thereby frustrating citizen’s fundamental right enshrined under Article 14.

(8) When, in the case of Srilekha Vidyarthi versus State of UP reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to satisfy the test of Article 14, every State action must be informed by reasons and that an act uninformed by reasons, is arbitrary, and arbitrariness is the very negation of the Rule of Law, it is my case that non-reply of any complaint received by State, is an act of omission of the State not informed by reason and thus arbitrary, and thus does not pass the test of Article 14.

(9) Similarly, when, in the case of Union of India Vs Mohan Lal Capoor reported in (1973) 2 SCC 836, the Hon’ble Supreme Court said – Reasons disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi judicial; and reveal a rational nexus between the facts considered and conclusions reached, it is my case that non-reply of any complaint received by any public /statutory authority implies that although mind was applied to the complaint and arbitrary decision was taken by the administrative authority that no reply should be made.

(10) Discretion in reality means a power given to a person with the authority to choose between two or more alternatives or possibilities each of which is lawful and permissible. The concept of discretion imports a duty to be fair, candid and unprejudiced; not arbitrary, capricious or biased; much less, warped by resentment or personal dislike.


(11) I say that our system of governance is founded on the lofty principle of rule of law, wherein the Nation’s power is divided amongst three chief organs, each under a duty to conduct itself in a manner that subserves the common good of all and achieve the objectives of a welfare State. The checks and balances were put as inherent safeguards designed to ensure compliance with the maxim “Be you ever so high, the law is above you”. The dicta of the Constitution is crystal clear; namely, the goal of good governance.

(12) I say that even our Constitution of India give so much importance to the people of India. In our vast, beautiful, geographical landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, which came into existence on 26th January 1950, is the supreme & fundamental governing volume.
This epic governing volume makes a categorical announcement in the introductory passage that people of INDIA are the architect of this volume. The announcement assumes significance because by this announcement, the fathers of our Constitution intend to acknowledge and give tribute to selfless sacrifice of every men & women who devoted their only life for the independence of INDIA. This announcement is intelligent, designed and purposeful.

There are three chief organs outlined in the Governing volume called Constitution of India - they are Legislature, the Govt and the Judiciary, and all these three organs derive their origin and all powers from this peoples' governing volume.


(13) Also, it is my case that, when the Hon’ble Chief Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners that they must first issue notice to the Govt / Public authority before moving courts, and therefore, we the People expect, in principle and in equity, that if that public authority / govt turn a blind eye to the notice and if one has to move court for justice, then this Hon'ble court will also find the occasion to direct that the Govt / Public authority to effectively deal with the issue raised in the complaint / notice.

(14) Recording of reasons will show application of mind and probably this recording of reasons is the only remaining visible safeguard against possible misuse of powers conferred upon administrators of a nation.

(15) I seeks to recall an 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 travelling in, Gandhi 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 chill 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, the General Manager instructed the Station master to secure that complainant reaches his destination safely. Complainant was accommodated in the very next morning train to his destination. And here, in the era of INDEPENDENCE and 21st Century of modern democracy, we have Citizens of Sovereign India, of whose complaint are ordinarily, attended with great disrespect and sometimes with hostility.

(16) It is my case that grievance of the people must be promptly and properly attended instead of waiting and allowing for it to be translated into court litigation.


(17) It is my case that the giving of satisfactory reply is a healthy discipline for all who exercise powers over others.

(18) It is my case that a complaint to State is the most legitimate incident of a democracy.
(19) It is finally my case that satisfactory replies to complaints are not of some importance but of fundamental importance in State Citizen relationship.

And therefore, it is necessary to trace the evolution and development of law, the emergence of concept of subject & the ruler, and trace the origin of today's concept of Citizens & the State.
At the advent of Human Civilization, ‘Men’ were Sovereign in their own, in the sense that, they were free and were not subject to or bound by any law. Then, men were Ruled by their own conscience and not by codified laws and were even free to the extent of inflicting violence at their will & strength, i.e. Might is right was the scene. Men were guided by own conscience and greed. An action not emanating from reason and the freedom to do as one pleases.
Great Philosopher Thomas Hobbes ( 1588- 1671) says that prior to concept of Statehood, the man lived in chaotic conditions of constant fear. The life in the state of nature was solitary, poor nasty, brutish and short. For getting self protection and avoiding misery and pain, man voluntarily entered into a contract and surrendered their part of freedom to some might authority, who could protect their lives and property, which emerged later on as the ruler and which ultimately culminated into the shape of the State.
With the great passage of time and centuries together, Codified laws evolved and were introduced in human life. Men came together, they voluntarily surrendered their individual sovereignty to State sovereignty, and opted to subject themselves to laws of the land, however, they were promised, in return, the Rule of codified laws. The rule of codified laws purported to promise the safety of their life & their property and also sought to guarantee the general dignity inherent in human person alonwith guarantee that he will not be discriminated. This is how the ancient Social contract between Men & State came into being.
Among various definitions of State given by Scholars of law and by Philosophers, this appears to be more satisfactory and convincing. It is by professor Goodhart. He defines State in terms of its purpose. He states that the purpose of society which we call a State is to maintain peace and order within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF THE STATE IS TO MAKE LIFE POSSIBLE

Hugo Grotius (1583-1645) is regarded as the father of philosophical jurisprudence. He said- it is the first duty of the Sovereign State to safeguard the citizen because State was given power only for that purpose.

And therefore, in the backdrop of this ancient social contract, every Society & every Individual Citizen has certain basic assumptions to take it for granted that complaints made to State will be replied.


And where public / statutory authorities don’t reply to complaints, or reply in interplay of words and in genius pretence, than, in my view, the appropriate approach may be, if at all the aggrieved person wishes to move the court of law, to only request said High Court to direct that public / statutory authority to make a Reasoned reply to the Petitioners herein of their complaint dated 00.00.0000. The recording of reasons must not only be intelligible but which will also deal with the substantial points which has been raised therein in the complaint and cover other relevant points and eschew irrelevancies and reply which demonstrate that the authority has given due consideration to the points in controversy and that decisions of the public / statutory authority on the issue raised in the said complaint have been reached according to law.

The most important advantages is that if Writ is filed for this limited purpose, than it may be disposed off in the first hearing, because for passing this order, the Court may not even hear the concerned Public / Statutory authority and may straight away pass order. Secondly, if any such order is passed, than that public / statutory authority is bound to make a reasoned and proper reply, in a time bound manner.


Pls find file attached of - Format of Complaint which may be used;
Format of Writ Petition which may be used; Relevant wealthy Judgments are discussed in format of Writ Petition.

Sandeep Jalan
Advocate
Mumbai.

The budget of 2011 presented on 28^th February of this year by Finance Minister Pranab Mukherjee was reflection of the economy being back to pre crisis trajectory, marking the growth at 8.6% for 2010-11 and provided blueprint for 9% growth rate in the coming fiscal year.

Merits: The Government efforts of debt management and effective control of fiscal deficit are noteworthy, the roadmap laid to bring down government deficit from existing 5.1% to 4.1% for 2011-12 against 13 Finance Commission’s mandate for 4.8% shows the fiscal prudence of the Government of India. The initiatives of fiscal consolidation, rolling out Direct Tax Code and Goods & Services Tax will provide for Simplification of laws, improvement in collection mechanisms and uniformity in tax structure. The government efforts to concentrate this budget on often neglected sectors, provides this budget to be socially concerned especially in areas such as Microfinance , women self help group, rural infrastructure, self employment and Small Industries. The urban assistance in the form of extending priority sector lending to Rs.25Lacs for housing loans will boost the growth of infrastructure, along with increase in FII for infrastructure bonds are positive factors. The inflationary pressure continues to be troublesome to the Government, the reasons assigned by Finance Minister was perishable goods which constitute 70% of the Wholesale Price Index (WPI), allocation of Rs. 7850 crore under Rashtriya Kisi Vikas Yojna and licensing 30 Mega Food Parks will lead to a new era in Indian Agriculture. The extension of Green Revolution to North – eastern States and allocation of funds for this region are praiseworthy. This budget also provided for doubling the salary of existing Anganwadi workers from Rs.1500 to Rs. 3000. Reaffirming the goal of universalisation of secondary education appears to be effective strategies for the Indian development Mission.

Demerits: This budget provided for the control of fiscal deficit but the governance deficit still remains a concern, the number of central government schemes stand at 200, no efforts are taken to consolidate these schemes for effective implementation and control. Secondly, the transfer of subsidies after the awaited recommendation of Nandan Neilkani’s report will be done only at the end of this fiscal year; therefore it will have no implications in this Fiscal year. Thirdly, No administrative and technical platform was provided for DTC and GST rollout and this budget appears to be only a futuristic budget with all promises and no rewards. 

Budget's effect on legal Industry :

This budget expanded the scope of legal services to include services provided by business entities to individuals as well as representational and arbitration services by individuals to business entities.However, there is no taxation on services by individuals to other individuals. For Legal Consulting firms, the code is that they will have to pay service tax even when the clients are individuals. Invitation to taxation also comes from the Arbitrations.The Service tax will be levied on the tribunal arbitrating for a business entity.

You can sign the petition here http://www.ipetitions.com/petition/rti-in-schools/

It reads:

School children in India should be taught on how to draft an RTI (Right to Information) application as a part of their school curricullum.

Just as students learn 'letter writing'  in English, Hindi or other language courses, they should learn 'writing RTI Applications'. Not only the students, but teachers as well as parents will thus become aware of this tool.

Policy makers of our leading education boards viz. CBSE, ICSE and other State Boards should include this as a part of Class 10 syllabus.

General information about the RTI Act is already there in the Civics course which the school students are taught. This petition wants that the language courses viz. English, Hindi and other vernacular languages should have a chapter on 'drafting RTI applications'.

Very little is achieved when a student get to know just that a Right to Information Act exists through a small description in the civics course. When he/she actually writes to an RTI application in class and for his exams, we believe, he/she is doubly empowered and enabled to use the tool to fight corruption.

While the civics course tells the student that a tool called the RTI Act exsits; the RTI application writing helps him/her actually learn to use the tool.

If you want every literate Indian to be able to fight corruption, please do sign this petition. The future participants in our democracy will thus be able to fight corruption with information!

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See our website at www.infocracyindia.org

If, unlike apparently most of India, you’re in the office pretending to be productive instead of watching the Cricket World Cup, feel free to commiserate here and discuss match progress with other cricket-denied lawyers in the comments. ESPN is streaming the match live online. And if think it’s unfair that cricket is on par with a religion by creating a semi-official public holiday please feel free to share your thoughts too.

Just take a look around in your friend circle or anywhere else you want to and I am sure you will be easily able to find "I don't have Facebook" kind of people. I know its difficult but it's not that hard to spot such odd entities. It's really strange for someone to not have a Facebook and yes FYI, I don't have a Facebook. The only reason I don't have a Facebook is that it's insignificant and boring, except for the chatting part.

Like the whole world is on Facebook: your friends, teachers, neighbors, your maid, everyone. People who love Facebook including my viral struck friend Aadil do not have a reason for such a liking but since it's the in-thing, they all want to be a part of it. In real life Aadil might not want people to pass comments on him but when it comes to Facebook he wants all his updates to be commented by most of the people in his friend list and this is what makes him happy.

By introducing all india bar exam no useful purpose has been served in the field of legal reform  answer to many question are not correct according to legal india  . Many intelligent students did not appear in bar exam due to their family circumstances   . a large number of candidates  who are said to have clear the the bar exam still do not know the basic of law i wonder what is the testing stone of evaluating there knowledge . You cannot judge the legal knowledge of a person by mere  putting right tick mark on the answers. in orrisa only only 18 students appear in bar exam what about the rest who not appear in exam are they still practicing? you must think positively and closely to assess the legal aptitude of a candidate otherwise bar exm will prove unluck game not a step towards legal reform 

 Corruption has never been an “alien” for millions of Indians. It has crept so comfortably in our life that we no longer consider it as a major topic to discuss over. Admission of wards into schools and colleges, getting a railway berth, getting a passport, getting a stamp paper, these are very few out of a long list of our daily life activities where corruption has taken an indelible position. We really don’t care about it these days as we have become so used to it.

But can corruption threaten our nation internally as well as externally?? Does corruption have the potential to choke the very survival of our country??

Corruption is a cancer which loathes breathing within a boundary. First it spreads internally and then its symptoms begin to appear externally. Huge Corruption in implementing government policies lead to wide scale economic disparity in the society. When this gap pushes extreme poverty, the illiterate and starved population fell prey to the mature exploitation of callous politicians and anti-national elements. The stolid poverty and indifferent government wean people from the moral standards of society and pillars of democracy at last.

Supply of food, money and arms give them power to tackle the system embroiled in layers of corruption. After some period of time, they are compelled to follow the path chosen by their suppliers. That path can lead them to part time burglars to full time naxalites or terrorists. Rotten branches are always easier to sever from the tree than a firm one. Voices of separation and overhaul of India’s rule have already started to rise from different corners of India. And there are many corners of the country sitting on the bed of dynamite just waiting for the slight lit of a lighter. This is how corruption dilapidates our country internally.

India is the second fastest growing economy in the world. India’s rise put some fine lines of wrinkles on the faces of statesmen of the so called ‘friendly’ countries. Ironically their concerns are eased by none other than India herself. A recent article, published in “The Hindu” newspaper, put some light on this diplomatic resolution of ‘wrinkles’. U.S offers scholarships to broods of top bureaucrats, diplomats, military officers and potential politicians based in New Delhi.

The relaxation in Visa norms, extension of Visas and ease in grant of green cards are some of the small favours, U.S is already offering to please our policy makers. All of us know these favours are not token of friendship or selfless act of diplomacy. Getting huge arms deal, power projects and heavy infrastructure projects of the budding economy at huge cost are some of these exchanges in lieu of those ‘Coveted’ green cards for the broods.

This is one of the many ways; corruption exposes India’s vulnerability externally and establishes India as a soft state on the world map. Five years back, the topic of my article was ‘Will India ever get rid of corruption?’ I am still guessing. And you?

Who indiscriminatley kills hundreds with a bomb we call Terrorist 
and who indiscriminatley kills thousands with a TSunami we call God......
Amazing na........

The legal aid societies whom we’ve contacted have asked us a few questions. Very pertinent and straight-forward too. Here are the questions and our answers. For more details please see www.infocracyindia.org


What do the legal aid societies get? 

A chance to make an impact? Yes.

The law school legal aid societies, we believe, have been formed to achieve two objectives:

1. Take legal aid to the downtrodden.
2. To teach law students the skills and help them imbibe the values which make a good pro bono lawyer.

Infocracy India helps legal aid societies achieve these objectives.

The RTI applications we file will have a significant societal impact.

Moreover, not only will the law students involved learn the art of filing good RTI applications but they’ll also know for themselves, how information when available freely, is a powerful catalyst to make democratic changes.

Money? No.

Secondly, we don’t promise much money, but in case we receive funding from members of the legal industry, we will distribute the funds to our LAS partners.

Also, we don’t believe that money is an incentive in initiatives like Infocracy India. None of the founders are making any money, nor do we plan to.

We are passionate about this cause and would like to partner with passionate groups and individuals.

Recognition? Yes.

Thirdly, in case you do genuinely good work, LegallyIndia, Lawctopus and other media, both print and online, will surely cover our work.

You’ll be thus recognised for your efforts.

Why shouldn’t we do it alone/independently?

Work independently, but share.

Infocracy India is a collaborative effort and it in no way discourages or hinders independent activity.

All that we require you to do is tell us about the RTI applications you’ve filed, the results which you’ve got and the impact that has made.

The RTI application, the response of the public information officer will be shared on our website for free upload. This will allow anyone to replicate these RTI applications in their own areas.

Consider this:

Someone from NUALS Kochi files an RTI application relating to an issue ‘X’ and someone from say, ICFAI Dehradun believes that his/her region too needs the issue ‘X’ to be addressed.

The person from ICFAI can then download the NUALS’ RTI application, see what information it yielded and even talk to the NUALS person to see if a better worded RTI application can be filed. Thus the RTI application gets filed more quickly and will yield better results.

Legal Aid Societies are free to file independent RTI applications. As a part of Infocracy India we only require you to ‘share’ the application, the results and the impact with us.

Pan India projects require a pan India collaboration.

Secondly, Infocracy might sometimes take large, pan-India projects; like getting the details of how the MPLADs funds are being used. We’ll get our team of 10-15 student researchers to work for sure.

At the same time, we’ll surely require support from the LASs. Herein lies the power of collaboration.

Finally consider this:

If someone in NUJS Kolkata files an RTI application against a public authority in Bangalore, we might have someone in NLSIU Bangalore go and inspect the documents. It saves the person in Kolkata time and money and makes the whole process efficient.

What will the work of a Legal Aid Society team exactly be?

Infocracy India is a very young initiative and some of our ideas are presently being executed. It is thus difficult to define the nature of tasks. We plan to be flexible and evolve as we move ahead. However, here are a few things which LASs are expected to do.

Share. Share the RTI applications you file, the responses which you get and track the impact it makes. We’ll put the applications and the responses on our website.

The stories of societal impact will be shared with media, both print and online. Rest assured, we won’t take the credit of your efforts. We are not in this business!

Sharing RTI applications and the results are the only mandatory things we want you to do. Other things may include:

Joining us to implement a pan India project. Most of the types we’ll have our team of student researchers/activists doing the work.

Sometimes, we might require the help of legal aid societies. In cases you want to help, just let us know about it.

Include information on RTI as a part of your legal literacy camps. You can put videos, pictures, presentations and modules on our website.

This will help other LASs better their legal literacy camps. We’d also be covering these camps from time to time on our website.

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The question really is...

OR

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Images from here, here, here and here.

I, not from my knowledge in law but by the reason of watching Sunny Deol starrer movies, have a fair idea of how an F.I.R. is launched but something, which has pierced my brain since that time is, who registers F.I.R. against people who are assigned the task of guarding the constitution?, who registers complaint against influential people?, who registers complaint against police?.

I am not looking into specific laws, which exist, in our acts guaranteeing equality, freedom and liberty because even you as well as me, are aware of their efficiency. They better not be a topic of discussion even. The incidents in Jammu and Kashmir, to be specific and many other small towns and villages, where such incident go unnoticed show how strong our legal texts stand to grant protection. Our law provisions fail, when it involves a politically fat leader, money rubbing businessman or police commissioner as accused, since they have enough source to not allow registration of F.I.R…and mind you “unless F.I.R. is registered there lies no legal remedy.” So, who register F.I.R. here? I, in my criminal classes have read few cases, where N.G.O. came to rescue but my count in that case was restricted only to 5, what about other such incidents? Our laws are very stringent and guarded by wolves, hence to come up and fight for your rights, only thing, which requires efforts, is coming up…because fighting is easy if you know the "power". That reminds me of another popular saying in our college “ to win a case either know law or know lawmakers.” I personally prefer law but have clear idea that only acquaintance with law maker can help me, law has no influence because they can be modified whenever power desires.

I do not want to include any legal text to prove my case but general day experience of my school life, which I am sure everyone must have seen. Remember that fat bullish, “Thakur” who went around class whistling over girls, beatings studious geeks, pestering teacher and walking in the middle of 10 people who in Indian terms are called “chaile”…comedy yet serious, I never talked to him…I knew his Dad was a police officer and that was enough reason not to complaint against him, not to retaliate when he beats you but only apply Dettol and tell your mom, “I fell”. For a reason parents believe its always-there child at fault, so let the incident die. But I am sure his Dad wont find his son at fault…after all he is a public servant who with his power now rules them. 

This brings me to my conclusion, how to ensure that every person realizes their right to register an F.I.R. when the pen and book is owned by the accused themselves? Why would they use their own ink to complaint against them own selves?, why would they incriminate person who runs their account of tea, coffee and even late night parties at “desi sharab ka thaika”? Now how can we ensure ethical running of our legal system…change police and judge…not practical, change laws….crap there are so many of them which do guarantee we wont be exploited, but of no use…only recourse left is try, try and try…when unsuccessful, buy justice through your own money and finally “ you are under arrest”

Fourth monkey is the monkey of the 21st century. The poor animal can't help but see evil all around. The poor animal can't help but hear evil all around. And what does he/she do? He raises his voice against it.

Note: The only reason I post this is because plagiarism has become a habit most law schoolites have become unnervingly comfortable with; this is the only nexus the topic has to law in general. Hopefully it will remind all of us that we were not brought up to respect copycats. I do not aim to offend, but if you are offended, you should know that it's probably for very good reason. I really do believe everything I've said here, but differing opinions are fine, at least they're evidence you're thinking. ;-)

 Let me be the first to point out that I'm one of those despicable hypocrites (is there any other kind?), one who regularly allows terrible work to be credited to her name, work that can't really even be called 'hers' unless you subscribe to the notion that research equals copying on a mass scale, which I don't.

I often allow myself to submit shitty work because I am stupendously, flagrantly lazy, but I can still argue for myself that the words, the construction and the conclusion are all mine, which is unhappily more than I can say for a lot of people. Is that enough? Absolutely not. does it bother me? Yes, as it should bother all of us. We need a good amount of discomfort to shake up this self-congratulatory stupor we're all asleep in.

Some of my friends and I were having a discussion the other day on plagiarism and why it's wrong, if it's wrong at all. We've all heard that utterly depressing monkeys-with-typewriter analogy, and some of us have on occasion cracked that particularly infuriating joke about research being copying from ten people rather than one. As much as you'd like to believe it, monkeys will not ever, in any number, write anything of note during our lifetimes, and neither will you, if you seriously believe that 'research' equals 'copying'.

By 'originality' in this context, I mean simply that the one who claims credit for an idea should have come to it by aid of his own thought process, regardless of whether somebody else had thought of the same thing at any other point in history (copyright jurisprudence uses a similar measure of 'originality' I think).

We must be original. Even when faculty can't tell the difference, the college doesn't care and our post-lunch nap is calling to us, we must fight the urge to download+print, and we must be original.

Why must we be original?

Because ideas are our only real wealth. Ideas are the only thing of any value, and I'm not referring to an airily vague abstraction of some distant moral 'good'-ness, i'm referring to cold-hard-cash-notes-in-your-butt-pocket value. Ideas are the little golden flares of magic thought sparked off your skull when the world collides with you everyday. Ideas are our closest shot to the fame, power and Russian-starlet-wife ideal we lust after collectively. There is probably only one really good idea for every thousand bad ones, which makes it even more important to stay within the habit of thinking, to have those terrible ideas so you can find that elusive good one.

Consider this - we lie in beds someone else made, eat food someone else grew, wear clothes someone else made, read books other people wrote, watch news about other people. We talk to, think about, even frame our public opinions carefully around the sensibilities of the people we care about. What do we have left if we outsource even our thoughts to other people? That is really the last frontier, so when we allow it to fall, what claim to individuality, to sentience, to humanity do we have left?

Ideas can, if you look at the far end of the scale, spark revolutions; but what use is a revolution to that creature of comforts, a corporate lawyer? So consider instead that ideas can also start companies, or firms. Ideas can start firms, create policy, invent concepts, sell those concepts, push legislation, repeal legislation, shut firms down and start other ones.

Those of us who've done our litigation internships are only too aware that litigation does not stop with blind reliance on caselaw, even though that's the best that most of us are capable of. Law schools teach us economics, political theory, sociology and jurisprudence so that we are never lost for an argument or an idea, and after years of absorbing all of that, if we find ourselves incapable of creating a simple argument from first-principles on demand, say for an assignment or a project, we should be ashamed of ourselves and of a permissive system that lets us operate consistently at a level that is beneath our intelligence and should be beneath our contempt.

It's easy to dismiss all of this as the ranting of an ideologue, but I am not an ideologue. the assessment system of my college is very tough on us, and given the nature of the course we study, sometimes we could be forgiven for thinking that ideas are a dime a dozen and have no real value at all. But cynicism aside, ideas cannot be undervalued.

Globalisation has shown us that we have choices beyond what our parents ever dreamt of at our ages, and the recession has shown us that blind belief in concepts we've always pictured as 'safe' - houses and banks - can destroy us. With only the slightest exaggeration I can say this is in many ways a post-apocalyptic world, and I believe that entrepreneurs are the only people who will survive it. Ideas have always been important, but they will never be more important for us as a young nation, than right now.

Isaac Newton once claimed that in his work, he was standing on the shoulders of giants. We, on the other hand, are snoring at their feet. It's time to wake up, shake off the laziness and self pity and change that, at the risk of becoming - as a generation of lawyers - first wrong, next incompetent, and finally –

Irrelevant.