Mr. Modi taking blessings from his Mother

Lt. General Dalbir Singh Suhag

appointed as New Army Chief

e Wave Safely Carried NaMo to the Destination

Without any Obstacles

Collegium Recommends Nariman and

Subramaniam as SC Judges

Nitish Kumar Steps Down as

Chief Minister of Bihar

e collegium headed by Chief Justice R.

M. Lodha recommended names of two

former solicitor generals- Gopal Subra‐

maniam (56) and R. F. Nariman (58),

and two High Court Chief Justices- Jus‐

tice Arun Mishra (Calcutta High Court)

and Justice Adarsh Kumar Goel (Orissa

High Court) to be appointed as Supreme

Court Judges. Since 1950, out of the 210

Supreme Court appointments, only four

were elevated from the category of

lawyers, rest all were elevated from the

category of high court judges. e four

lawyers were: Justice S. M. Sikri

(1964-1973), Justice S. C. Roy (1971- for

4 months), Justice Kuldip Singh

(1988-1996) and Justice Santosh Hegde

(1999-2005). is shows that very sel‐

dom are members of Bar, appointed as

SC Judges.

All formalities of appointment to the

Apex Court have been completed except

for the #nal nod by the government.

e Indian election is the world's largest

exercise in democracy. 537 million votes

were cast over a nine phase election

cycle. Results, announced on Friday, are

expected to con#rmed a huge swing vic‐

tory for the Hindu nationalist group the

Bharatiya Janata Party (BJP) and their

prime ministerial candidate Narendra

Modi. BJP managed to secure 282 seats

in the lower house of parliament and it‐

self capable to form a government with‐

out any partners.

Leaders of Indian National Congress

party conceded defeat in the elections, as

victory for Narendra Modi's BJP

emerged as the clear victor. Congress,

who have been criticised for lack of con‐

trol over corruption and in$ation, regis‐

tered at its worst-ever election result.

e scale of the BJP's victory is the

biggest in India since 1984.

"In a democracy there are political rivals

but no enemies. People's mandate is im‐

portant & together we have to work for

welfare of the people" Mr. Modi Tweeted

aer stunning win in the general elec‐

tions.

Narendra Modi on Sunday called on

party patriarch L K Advani aer holding

consultations with a number of party

leaders including his key aide Amit

Shah, ahead of the formation of the next

government headed by him.

e outgoing government appointed Lt.

Gen. Dalbir Singh Suhag as the next

Chief of the Indian Army. e Union

Cabinet affirmed the name of Vice Army

Chief, Lieutenant General Dalbir Singh

Suhag as the successor to Gen. Bikram

Singh, retiring on July 3, 2014.

Aer Bikram Singh, Suhag was the se‐

nior most officer in Indian Army. His

name was recommended by Ministry of

Defence for further consideration by the

Appointments Committee of Cabinet

(ACC).

Bihar Chief Minister, Nitish Kumar re‐

signed aer the results of the General

election showed poor performance of

the party JD (U), managing just two

seats out of 40 Lok Sabha seats in the

state. He tendered his resignation to the

Governor, Mr. D. Y. Patil and also held a

press conference.

LJP Chief Ram Vilas Paswan stated that

Kumar’s government would not last long

and de#nitely fall within two or three

months since many legislators would

desert him. He also asserted that there

will be mid-term polls of State Assembly

in October-November 2014.

2 TRIGGER TIMES May, 19 2014

Failure to Disclose Family

Assets may be Reason for

Disqualifying Candidature

Detention without Trial Curtails Liberty and Civil

Rights

News Brief, Supreme CourtJudges can Recall Orders Passed in

Open Courts

Haardik Sharma: e Supreme Court

has held that a candidate can be disquali‐

#ed if he or she fails to disclose informa‐

tion about assets held by spouse and de‐

pendent children.

A bench of Justice SS Nijjar and Justice

AK Sikri said that non-disclosure would

amount to non-compliance of Election

Commission rules to reveal requisite in‐

formation in the affidavits to be #led

along with their nomination papers.

“the citizens have fundamental right un‐

der Article 19(1) (a) of the Constitution

of India to know about the candidates

contesting the elections and this is the

primary reason that casts a solemn obli‐

gation on these candidates to furnish in‐

formation regarding the criminal an‐

tecedents, educational quali#cations and

assets held by the candidate, his spouse

and dependent children,” the bench held.

It is on that basis that not only EC has is‐

sued guidelines, but also prepared for‐

mats in which the affidavits are to be

#led, the court said.

Earlier, the SC had declared “Right to

Know your Candidate” a fundamental

right, holding that #ling of affidavit with

blank particulars would render the affi‐

davit void. SC affirmed the #ndings of

the Bombay HC on an appeal by Kisan

Shankar Kathore who won the assembly

elections from Ambernath constituency

in 2004. His election was challenged on

two grounds — one for his failure to dis‐

close assets held by his wife and the oth‐

er for not declaring the dues he owed to‐

wards the Maharashtra State Electricity

Board.

e Bombay HC had declared Kathore

disquali#ed on both grounds. e apex

court, however, did not uphold the HC

decision with regard to electricity dues.

But he was found guilty of nondisclosure

of the vehicle owned by his wife, a bun‐

galow in her name and a #rm in which

she was a partner.

Haardik Sharma: A person taken to cus‐

tody under preventive detention without

trial cannot be kept in continuous con‐

#nement as it curtails his liberty and civ‐

il rights, the Supreme Court has said.

A bench of justices Ranjana Prakash De‐

sai (since retired) and NV Ramana said

"Normally, a person who is detained un‐

der the provisions of the Act is without

facing trial which in other words

amounts to curtailment of his liberties

and denial of civil rights. In such cases,

whether continuous detention of such

person is necessary or not, is to be as‐

sessed and reviewed from time to time."

Taking into consideration these factors,

the Legislature has speci#cally provided

the mechanism 'Advisory Board' to re‐

view the detention of a person.

e court's ruling came while setting

aside the detention order of a person un‐

der the Andhra Pradesh Prevention of

Dangerous Activities of Bootleggers, Da‐

coits, Drug Offenders, Goondas, Im‐

moral Traffic Offenders and Land Grab‐

bers Act, 1986.

e bench said passing a detention order

for a period of 12 months at a stretch,

without proper review, is deterrent to the

rights of the detenu and that the order of

Andhra Pradesh government directing

detention for the maximum period of 12

months straightaway cannot be sus‐

tained in law.

e court passed the order allowing the

appeal #led by the wife one Cherukuri

Narendra Chowdari, who was detained

on the preventive detention order of col‐

lector and district magistrate of East Go‐

davari district in Andhra Pradesh on

September 20, 2013. Chowdari was de‐

tained on the ground that he has got all

the attributes to be called as a 'goonda' as

envisaged under the Act.

e order had mentioned that he was in‐

volved in several cases of the of govern‐

ment and private properties as well as

cases of destruction of public properties

and his anti-social activities are harmful

to the society and general public and re‐

ferred 11 cases registered against him.

His wife had approached the apex court

challenging the Andhra Pradesh High

Court order alleging that her husband

has been unauthorisedly detained and

the detention order passed was illegal

and sought his release.

Haardik Sharma: e Supreme Court

has ruled in the affirmative, holding that

even an order which has been pro‐

nounced in an open court can be re‐

called in the interest of justice and that

there was no impediment in the law

against it.

A three-judge bench headed by Justice B

S Chuhan has said there is no provision

in the law as well as the corresponding

rules that restrains a court from chang‐

ing its order if the one dictated in the

open court is subsequently found to be

suffering with grave in#rmities, either on

facts or on law.

“A judge’s responsibility is very heavy…

particularly in a case where a man’s life

and liberty hang upon his decision,

nothing can be le to chance or doubt or

conjecture. erefore, one cannot as‐

sume that the judge would not have

changed his mind before the judgment

becomes #nal,” held the court.

According liberty to the judges to change

their orders even aer dictating it in the

open court, the bench, also comprising

Justices J Chelameswar and M Y Eqbal,

said an order or a judgment shall be

treated as #nal only if it has been signed

by the judge or the judges of that court.

Such an order, the bench said, became a

#nal decision of the court when intimat‐

ed to the parties and the world at large.

Citing some precedents, the bench af‐

#rmed the view that #nality of an order

or a judgment of a court shall not de‐

pend its delivery in an open court but on

whether such an order is signed by the

judge(s) concerned. It said unless signed,

an order will be treated only as a dra

order and not a #nal one.

e order came on an appeal by

Kushalbhai Ratanbhai Rohit and two

other policemen from Ahmedabad in

Gujarat.

e trio had been found guilty of dere‐

liction of duty that led an accused in a

serious crime $ee from their custody.

ey were sentenced to jail terms vary‐

ing between two to three years by the tri‐

al court.

On an appeal in the high court, the

judges on December 11 last year, took a

view that sanction of the state govern‐

ment was required before prosecuting

them and consequently, set aside the tri‐

al court order. e high court acquitted

all of them while dictating the order in

an open court.

However, a fortnight later, the high court

suo motu recalled its earlier order direct‐

ed the appeal to be heard again on

merits. Challenging the recall order, the

policemen moved the Supreme Court .

e Supreme Court held that that no ex‐

ception can be taken to the procedure

adopted by the high court in recalling

the order and dismissed their plea.

3TRIGGER TIMES May, 19 2014

High Court of Kerala

Bigamy is Cruelty to First Wife

Coerced Sexual Relations between

Husband and Wife not Rape

News Brief, High Courts

All Partners can not be Held Accused

Apostasy can Annul Muslim

Marriage

Haardik Sharma: e Madras high

court, hearing a property dispute be‐

tween a man’s two wives, observed on

Saturday that a husband choosing to

transfer his affection to another woman

aer several years of marriage to one

woman, was guilty of matrimonial injury

and cruelty.

Rejecting the claim of the man’s second

wife that the #rst had only limited rights

to enjoy his property aer his death and

could not sell it as she had done, Justice

S. Vimala said the very fact that the hus‐

band had chosen to transfer his affection

to another woman aer 26 years of mar‐

riage amounted to matrimonial injury

and cruelty. It provided a recognized

ground for the #rst wife to seek mainte‐

nance and even divorce, she observed.

“e conferment of property will not

and cannot lessen her distress or her

feelings of neglect. Another woman in‐

truding into her matrimonial life is not a

tolerable pain and the alleged consent

which has not proved to be voluntary,

cannot exonerate her husband from pay‐

ing maintenance. Even assuming the

consent was voluntary, there can be no

consent for performing an illegal act, as

bigamy is a punishable offence under

IPC,” the judge said.

“Under such circumstances, if the inter‐

pretation that the woman will get only

limited right is given, it will amount to

encouraging more men to create broken

families. If gender bias is to be eliminat‐

ed, then the woman must get absolute

right under the transaction. Any other

interpretation would take women and

society from e-age to stone-age,” she

added.

Nishita Golchha: Delhi High Court, on

Monday pronounced an important judg‐

ment stating sexual relations between a

legally wedded husband and wife “even if

forcible, is not rape”, while acquitting a

youth. He was accused of marrying a 21

year old girl aer serving her a sedative

laced drink and raping her. e girl al‐

leged that the marriage certi#cate thus

obtained is also fauxed. e accused

showed the evidence of marriage certi#‐

cate duly attained at the time of

marriage. Witnesses of the marriage reg‐

istrar were also taken into consideration.

e accused revealed that allegations

made by the girl were false and were an

outcome of vengeance by her parents.

e court, thereby, held that “it is evi‐

dent that the prosecutrix had willingly

and in full senses solemnized her mar‐

riage with the accused and the marriage

was registered in the office of registrars.

us, the girl and accused being legally-

wedded husband and wife and the girl

being a major, the sexual intercourse be‐

tween the two, even if forcible is not rape

and no culpability can be fastened upon

the youth. e judgment seems to

change the norms of the recent amend‐

ment made under the criminal rape

laws. Also, it helps in extermination of

those cases where defense of marital rape

becomes contrary to the unfeigned char‐

acter of the husband.

Haardik Sharma: e Kerala high court

has held that “All the partners of a com‐

pany cannot be made accused in a crimi‐

nal case arising out of a defective prod‐

uct unless there is speci#c allegation in

the complaint regarding responsibility of

each of the partners in the conduct of

business.”

e ruling by Justice K Ramakrishnan

came aer considering a petition #led by

Mukesh Bhagubhai Patel, Miteshbhai

Jeshingbhai Patel, and Gargiben Atulb‐

hai Patel, who are partners of Ahmed‐

abad-based Indica Laboratories.

In the petition #led in the high court,

they had challenged the case against

them on the #le of Karunagappally judi‐

cial #rst class magistrate court naming

them as the third, #h, and sixth ac‐

cused, respectively.

e case was registered on a complaint

#led by Kollam drugs inspector alleging

sale of a substandard drug, thereby vio‐

lating provisions of Drugs and Cosmet‐

ics Act, 1940.

Appearing for the petitioners, advocate

V V Raja argued that they are only sleep‐

ing partners and they have nothing to do

with the day-to-day conduct of the busi‐

ness and that it was another person who

was the working partner. ere is no al‐

legation in the complaint to come to the

conclusion, even prima facie, that the

petitioners have got anything to do with

the day-to-day business, the counsel

contended.

Against this, public prosecutor Sareena

George submitted that as per the Act the

burden is on the accused to prove that

the offence was committed without their

knowledge and consent.

Q u a s h i ng t h e c a s e ag a i ns t t h e

petitioners, the court held that the case

against them is not maintainable in the

absence of any speci#c allegation regard‐

ing their role in the conduct of the busi‐

ness. Merely because they are partners,

they cannot be proceeded against and

the case against them is liable to be

quashed, the court held.

Further, the court pointed out that while

it is the burden of the accused to prove

that the offence was committed without

his knowledge as per Section 34 of the

Act, the complaint must mention the act

of each partner in the conduct of busi‐

ness. Only if such an allegation is there,

the burden shis to the partner to prove

that the act was done without his con‐

sent or knowledge, the court held.

Nishita Golchha: e pre- independence

act of Muslim Marriage, 1939; was inter‐

preted way too coherently by the Delhi

High Court. While deciding a case of

dissolution of marriage where a woman

married a Muslim man, and thereaer

reconverted to Hinduism. e court has

held that a women who had embraced

Islam aer marriage but, reconverted to

her original faith can dissolve the mar‐

riage due to apostasy, which in it literal

sense means the renunciation or aban‐

donment of one’s religion and political

beliefs. e judgment provides a solution

the plight of Muslim women in regards

of picayune grounds on which they can

claim dissolution of marriage. A division

bench consisting of Justice S Ravindra

Bhat and Justice Nazmi Waziri clari#ed

that the mere act of apostasy dissolves

the marriage. e bench said “the Mus‐

lim Marriage Act, 1939 states that where

a woman married under the Muslim

personal law to apostatize, the marriage

stands dissolved. In such circumstances,

the woman is entitled to seek a decree of

declaration that the marriage stands dis‐

solved from the date of her apostatizing.”

erefore, reconversion of a woman is an

act ipso facto and amounts to abjuration

of Islam; thereby, no further evidence is

required to prove the same.

4 TRIGGER TIMES May, 19 2014

43 Delegates From 18 Countries Witness Lok Sabha Elections 2014

Power of One Vote

Decision on Revision/Hike of Freight Rates and

Passenger Fares on Indian Railways Put on Hold Till Further

Advice

Did You Know??1.) Held from April 7 to May 12 the Lok

Sabha poll spread over nine days in the

highest number of polling days so far in‐

volving an electorate of 81.4 crore. As‐

sembly elections will also be held simul‐

taneously in the States of Andhra

Pradesh, including Telangana region,

Odisha and Sikkim.

2.) A total of 1.1 crore poll personnel,

half of them being security forces, will be

deployed for the smooth conduct of polls

and to ensure that they are free and fair.

A database of the civilian staff to be de‐

ployed for conducting polls has been

prepared and at least 5.5 million civilian

staff would be deployed.

3.) e total electorate in the country as

per #nal published E-rolls with January

1, 2014 as the cut-off date is about 81.45

crore compared to 71.3 crore in 2009, an

increase of more than 10 crore electors.

4.) e EC will use EVMs for the Lok

Sabha elections and a total of over 17

lakh EVMs will be deployed during the

polls.

5.) e largest chunk of 122 Lok Sabha

seats will go to polls in 13 States on April

17, the #h day of poll, while the sixth

day will witness polling in 117 seats in

12 States on April 24. Polling will con‐

clude on the ninth day on May 12 with

elections in 41 constituencies in three

States.

6.) Heartland Uttar Pradesh (80) and

battle State of Bihar with 40 constituen‐

cies will choose MPs on six days on

April 10, 17, 24, 30 and May 7 and 12.

Jammu & Kashmir with six Lok Sabha

seats will witness polling on #ve days on

April 10, 17, 24, 30 and May 7 while

NCT of Delhi with seven seats will have

a single day poll on April 10.

7.) For the #rst time in parliamentary

polls, a system of paper trail for electron‐

ic voting will be introduced in some con‐

stituencies on a trial basis and the Com‐

mission is in the process of procuring

20,000 EVMs which will be deployed for

this purpose.

8.) Another #rst in the Lok Sabha elec‐

tion will be the introduction of 'None of

the Above' (NOTA) option in voting,

which came into vogue in the Assembly

elections a few months ago.

9.) e number of electors enrolled as

'Others' gender that comprising trans‐

genders is 28,314. ere are also 11,844

overseas electors in the current electoral

rolls and another 13,28,621 service elec‐

tors.

e Election Visitors Programme (EVP)

conducted by the Election Commission

of India simultaneously with the Lok

Sabha elections 2014 came to a success‐

ful close today. e Electoral Commis‐

sioner of Mauritius and the UNDP Resi‐

dent Representative visited a Counting

Centre here today as part of the Election

Visitors Programme. is is a part of the

South-South Cooperation initiative of

the Election Commission of India. e

programme, run in partnership with

UNDP, attracted a huge response.

e countries which participated are

Namibia, Nigeria, Lesotho, Malaysia,

Mauritius, Myanmar, Nepal, Uganda,

Kenya, Bhutan and several member-

countries of the League of Arab States

(Egypt, Saudi Arabia, Tunisia, Somalia,

Palestine, Iraq, Yemen and Oman).

e delegates were divided into groups

and each group was given a brie#ng at

ECI, followed by #eld visits to an elec‐

tions location, again followed by another

interaction at ECI. e election locations

were in Karnataka, Uttar Pradesh, West

Bengal, Himachal Pradesh and Delhi. In

addition, ECI also facilitated #eld visits

to Election locations by 30 trainees who

were undergoing training at its training

institute, IIIDEM.

Diplomats posted in New Delhi and a

group of Malaysian Parliamentarians

also witness the Lok Sabha elections in

various states. In all, over 140 visitors

from more than 30 countries had the oc‐

casion to get #rst hand exposure to the

largest electoral event in the world.

All delegates, without exception, were

impressed by the magnitude of the elec‐

toral exercise, and the numbers involved.

All of them complimented the ECI on

overseeing a mammoth event and ensur‐

ing that it was free and fair, transparent

and peaceful. ey expressed their admi‐

ration for the orderly and meticulous

discharge of duties by the polling teams.

ey were impressed with the extensive

measures implemented under ECI’s Sys‐

tematic Voters Education and Electoral

Participation Programme and many of

them requested for information/imple‐

mentation documents for adoption/

replication in their countries. e use of

technology in different areas of election

management came in for high praise,

and a lot of wonder and admiration from

various delegates. Most of them wanted

to explore the use of EVMs, VVPAT, we‐

bcasting, live monitoring of movement

of men, materials and vehicles in their

own countries.

1.) In 2008, Congress leader C.P. Joshi

lost for the Nathdwara (Rajasthan) seat

by a mere difference of one vote. What is

interesting is that his own driver did not

get time to vote.

2.) In 1923, Hitler took over the Nazi

Party by managing an edged win by one

vote which led to the Hitler times.

3.) In 1998, Vajpai led BJP government

was overturned by a difference of a sin‐

gle vote.

4.) In 1917, Sardar Patel lost the Ahmed‐

abad Municipal Corporation elections

by one vote.

5.) In1776, difference of one vote made

English, the National Language of

America, over German.

6.) In 1875, a lead by one vote made

France a republic from monarchy.

Please refer to the press release of Press

Information Bureau dated 16-5-2014

with the title “RATIONALIZATION

AND REVISION OF FREIGHT RATES

AND PASSENGER FARES ON INDI‐

AN RAILWAYS TO BE EFFECTIVE

FROM 20th MAY 2014.” It is now in‐

formed that under the directions of the

Minister of Railways Shri Mallikarjun

Kharge, the decision on the proposed

hike in the freight charges and passenger

fares have been kept pended till further

advice for placing this proposal before

the new government for taking a view/

decision in the matter. is means that

there shall be no revision/hike in Freight

Rates and Passenger fares wef 20-5-2014.

Accordingly, the Railway Board com‐

mercial circular No.19 dated 16-5-2014

and freight rate circular No.RC-15 dated

16-5-2014 are kept in abeyance till fur‐

ther advice. Moreover, above mentioned

PIB press release also stands withdrawn.

Disclaimer: Every sincere effort has been

made by the Trigger Times newspaper to

ensure that the information provided is

correct. Any mistake or omission is in‐

advertent and unintentional.

In case of complaints and other issues,

write to us at triggertimes@gmail.com.

All claims, disputes or complaints are

subject to exclusive jurisdiction of

courts/forums/tribunals in Ahmedabad

only.

Editors and Team Trigger

1. Garvit Khandelwal (Chairman of

TT Media)

2. Siddharth Bapna (Deputy Chair‐

man and PR manager of TT Media)

3. Shalini Goyal (Secretary of TT

Media )

4. Tanvi Gadkari (HR manager of

TT Media)

5. Haardik Sharma (Joint Secretary

of TT Media)

6. Milap Chopra (Treasurer of TT

Media )

7. Karan Valecha (Joint Treasurer of

TT Media)

8. Nishita Golchha (Editor of TT

Media)

5TRIGGER TIMES May, 19 2014

Siddharth Bapna

EDITORIAL10 Unknown Facts

about Narendra Modi

THE MANDATE 2014

1.) When Modi become National Secre‐

tary of BJP, Jammu and Kashmir came

under his organizational purview. Dur‐

ing the kargil war, he worked there "like

a colleague" with Indian Army.

2.) Modi was born in an OBC family of

grocers in Vadnagar of Gujarat. Modi

wanted to become a sanyasi when he was

a child. In fact, he was always fascinated

with Sadhus, different forms of worship

and meditation.

3.) Narendra Modi joined the vadnagar

branch of the RSS as a balswayamsevak

or child volunteer at the age of 8.

4.) Modi was mentored by L.K. Advani

to become National Secretary of BJP in

1995.

5.) e only advice Modi`s mother had

for her newly appointed CM son in

2001, was never to take bribes.

6.) NaMo`s winning Combination for

India`s Development: IT (Indian Talent)

+ IT (Information technology) = IT (In‐

dia Tomorrow)

7.) Narendra Modi is also a good poet,

philosopher and thinker.

8.) Even if the darknedd is deep, it is not

forbidden to light a lamp- Narendra

Modi.

9.) Mr. Modi has been greatly inspired

by the poet Subramaniya Bharathi and

the philosopher Swami Vivekananda.

10.) Anil Ambani described Modi as a

"King among Kings".

On May 16, 2014 we all witnessed an

unprecedented and exceptional event in

the Indian political history. Unexpected

happened, a single party majority aer

thirty years in the lower house of the

Parliament of India. What is more heart‐

ening is to see the Indian Democracy

evolve, in the wake of formation of the

#rst ever non Congress government at

the centre with a single party getting an

absolute majority.

ere may be numerous and multiple

reasons that facilitated and assisted in

the making of this history; may be

charges of corruption against the gov‐

ernment, price rise, popularity of Mr.

Narendra Modi and some more. Howev‐

er, it is now time that we move on and

get over the hangover and euphoria of

the landslide victory secured by the

NDA or rather BJP alone and focus on

the coming #ve ‘clear’ years of rule under

the leadership of Mr. Modi.

Numerous tweets, facebook posts, etc.

have poured in over the last couple of

days with regard to this historic event. It

is remarkable and worth noting how a

single man can wield such kind of sup‐

port in a democracy. e victory-decla‐

ration tweet by Mr. Modi: “India has won! भारतकी व( जय।अ-. द( नआ2वा34।”,

now holds the record for the most re-

tweeted Indian tweet ever. e keenness,

interest and enthusiasm with which the

youth of India was engrossed in watch‐

ing the results of the General Elections

2 0 1 4 h a s b e e n a m a z i n g a n d

encouraging.

People of India, especially, from the

west, north and central India have voted

for BJP and Mr. Modi in great numbers.

Indian voter has rejected the negative

politics played by all the parties and has

made it clear that times have changed,

implying that the voter cannot be taken

for granted. e message is clear that the

voter has matured and the 20th century

era of traditional vote bank politics is a

by-gone. People will accept nothing less

than development and actual work for

growth and advancement of the Nation.

Voters from both Vadodara and Varanasi

have returned Mr. Modi to Parliament

with phenomenal victory-margins, in

particular from Vadodara with a stagger‐

ing record margin of over 5.7 lakh votes.

e results show that people have high

hopes and expectations from Mr. Modi

and his team. It is now time for them to

deliver the goods that they promised, it

is time for development and show that

“ache din aa gaye hain” and that they are

here to stay to ful#ll the aspirations of

people.

It was eight months ago that Mr. Modi

was declared as the Prime Ministerial

candidate of the NDA. He has shown

that NDA took the right decision despite

the opposition from some quarters in‐

cluding the opposition within his own

party. People of India have shown great

faith and belief in the ability of Mr. Modi

to turn India’s fortunes as he has vast ad‐

ministrative experience by serving as the

Chief Minister of the State of Gujarat for

thirteen years. People believe that he will

bring some stability in the overall gover‐

nance of the nation and most important‐

ly strengthen the economy while ensur‐

ing bene#ts to the weaker sections of so‐

ciety, control the spiraling prices of basic

commodities, speci#cally that of fuel and

gas. Additionally, issues of atrocities

against women, dalits and other weaker

sections have to be addressed along with

strategizing on how to tackle terrorism

without targeting a particular communi‐

ty and strengthen the communal, social

and cultural fabric of India.

BJP has got some of the #nest brains,

scholars and persons of eminence in

their fold. ey have to come up with a

brilliant team that can deliver on the

promises made in their election mani‐

festo.

ough, I have my own doubts,

nonetheless it will be a pleasing sight if

the PM-designate could work with coop‐

eration and harmony with other major

political parties and its leaders as he has

stated in his #rst public speech, post

election, in Vadodara. Democracy essen‐

tially indicates the existence of a minori‐

ty and an opposition, which has to be re‐

spected and has to be taken into con#‐

dence. us, working in tandem with the

opposition is essential for ensuring pros‐

perity, inclusive growth and a strong

democracy.

I have a very simple and clear message to

the new government that will hopefully

function, for the next 5 years, uninter‐

rupted and unperturbed by the pressures

of political calculations, considerations

and blackmailing:

“You have the people’s mandate, you

have the numbers, you have got the re‐

quired man power and you have the sup‐

port of millions behind you, roaring for

you. Don’t get blown away with the un‐

precedented and overwhelming support

and love that you have been showered

with. Most importantly don’t get vindic‐

tive, change the way politics has been

functioning in India. Perform and prove

that the citizens of India have made the

right choice and the democratic exercise

has not gone in vain. Or else the Indian

dream will be shattered and it will mere‐

ly be reduced to being a formal exercise

undertaken every #ve years. Good luck

and Good wishes. Jai Hind!”

e author is a co-editor and PR Manager

at Trigger Times. He can be reached at:

siddharthbapna@legaltrigger.com

6 TRIGGER TIMES May, 19 2014

Rahul Dev Chaturvedi

Broad Basing the Appointment Process: e Need for A Judicial

Appointments CommissionTwo judgments of the Supreme Court in

the year 1993 and 1998 respectively gave

birth to a unique system of appoint‐

ments to the higher judiciary in India,

now referred to, as the “collegium

system.” e effect of these two judg‐

ments was that the de facto power to ini‐

tiate and appoint the judges to the supe‐

rior courts of the country was conferred

upon the collegium of judges with the

executive’s role being restricted to a for‐

mal approver. Ironically this speci#c

scheme of appointments was explicitly

rejected by the Chairman of the draing

committee Dr. B.R. Ambedkar. So then

why did the Supreme Court go against

the text of the constitution to interpret

the word ‘consult’ as appearing under

Article 124(2) of the Constitution of In‐

dia as “concurrence” of the senior most

judge of the Supreme Court?

In order to secure the independence of

judiciary which was sought to be under‐

mined by political considerations, the

Supreme Court in S.C. Advocates on

Record Association v. Union of India held

that in matters of appointment, the Chief

Justice of India would have a primacy

over the executive and ordinarily his rec‐

ommendation would not be interfered

with. is view was re-affirmed by the

Presidential Reference in the year 1998

with the slight modi#cation that the rec‐

ommendation of the Chief Justice would

now be a recommendation of 4 senior

most justices of the Supreme Court.

us with the best of intentions to shel‐

ter the rule of law the judiciary in a sense

virtually re wrote the constitutional text.

However it does not take a genius to #g‐

ure out that the present method of ap‐

pointments has failed miserably. is

system has been criticized by many

doyens of the citizenry for being non-

transparent and thereby lacking account‐

ability in the process. ere have been

countless allegations that most of the ap‐

pointments under the collegium system

are vitiated either by lack of objective

criteria or by nepotism/ favoritism and

other extraneous considerations. ere

have been complaints of misconduct and

corruption against judges, an instance

being the public outcry over the appoint‐

ment of the then Chief Justice of Kar‐

nataka High Court, P.D. Dinakaran over

his proposed appointment to the

Supreme Court. e amount of secrecy

and lack of transparency in the appoint‐

ment process ensures that citizens come

to know of the appointments only aer

Presidential noti#cation announcing the

appointment is issued. Justice Ruma Pal

went to the extent of saying that, “the

process of appointment of judges to the

superior courts is possibly the best kept

secret of the country.” Justice Krishna

Iyer, too opined that under the collegium

system “there is no structure to hear the

public in the process of selection, no

principle is laid down, no investigation is

made, and a sort of anarchy prevails.”

us it would not be an overstatement to

say that the system of “judges appointing

judges” has proved to be a $awed mecha‐

nism and there is a need to replace the

existing one by a more transparent and

an objective one. So the question is what

should be the new system? Should we go

back to pre 1990’s where the President

was obliged only to “consult” with the

judges and choose not to act upon their

recommendation?

e solution probably lies in the forma‐

tion of a National Judicial Appointments

Commission. e Constitution (One

Hundred and Twentieth Amendment)

Bill, 2013, provides for setting up of a Ju‐

dicial Appointments Commission by in‐

serting Article 124(A) to Constitution of

India and also amending Articles 124(2),

217(1) and 222(1). e Judicial Appoint‐

ments Commission Bill, 2013 embraces

in itself the structure, functions and the

composition of the proposed Commis‐

sion. e Commission is currently a six

member body consisting of the Chief

Justice of India, two Supreme Court

judges, the Law Minister and two emi‐

nent persons who will be selected by a

collegium consisting of the Prime Minis‐

ter, the Chief Justice and the Leader of

the Opposition.

e Judicial Appointments Commission

would broad-base the appointment pro‐

cess with equal and active participation

of both the Executive and the Judiciary.

ese two organs of the state will func‐

tion in a collaborative and participatory

manner to #nd the best and brightest

persons with impeccable integrity to the

bench of higher Judiciary. Further the

inclusion of persons of eminence from

the civil society would ensure greater

transparency and objectivity in the ap‐

pointments to higher judiciary thereby

securing a truly independent and impar‐

tial judiciary.

e proposed commission will also pre‐

vent instances of extremely short tenures

of the chief justices of India by doing

away with the convention of seniority.

e last 20 years have seen as many as 16

Chief Justices out of which only four

have had tenures of more than two years.

e limited length of such tenures is di‐

rectly attributable to the rigid adherence

to the principle of seniority, by which, as

soon as a vacancy arises, the senior-most

judge in the Supreme Court is appointed

irrespective of the length of tenure re‐

maining before his retirement. Justice

G.B. Pattanaik occupied the office for a

period of 41 days whereas Justice Rajen‐

dra Babu held the position for just over a

month. Justice K.N Shah did not even

have the opportunity to complete a

month in office. It is unlikely that the

proposed commission would let such

unfortunate incidents from recurring. It

would dispense with this convention and

would recommend persons, who in its

opinion are the most competent to deal

with the administrative, judicial and

leadership tasks expected of a Chief Jus‐

tice of India.

However the issue that remains to be ad‐

dressed is to place the structure, func‐

tions and the composition of the bill un‐

der the Constitution itself as against an

ordinary legislation of the Parliament. It

would provide a protective umbrella of

Article 368 such that no future govern‐

ment having a simple majority in the

Parliament may be able to amend the

structure of the commission in order to

further its ulterior political motives. is

step is critical since any amendment pro‐

posed which has the effect of derogating

the powers or functions of the commis‐

sion would be subject to the test of invio‐

lability of the basic structure of the con‐

stitution.

e author is a Fourth Year Law Student,

Institute of Law, Nirma University,

Ahmedabad.

7TRIGGER TIMES May, 19 2014

Powered By e Knowledge Steez

1st NLUO IPAAC National Essay

Competition on Intellectual Property

7th Nani Palkhivala Foundation Taxation Law Essay Competition, 2014

14th Henry Dunant Memorial Moot Court Competition 2014 on International

Humanitarian Law.

Law School EventsInternship cum Patent Training

Call for Paper : Journal on

Governance by NLU, Jodhpur

(IPAAC) Intellectual Property Analysis

and Advocacy Centre (IPAAC) is estab‐

lished with an objective of enhancing the

intellectual property knowledge base and

research capabilities of the country in

general and the State of Odisha, in par‐

ticular. IPAAC has a vision to enhance

public awareness and facilitate protec‐

tion of innovation through research and

advocacy to bring wave of change in IP

Law. It also provides high-quality re‐

search and responsive services in the

#eld of IP Law and promotes awareness

of intellectual property rights of the indi‐

vidual and society at large.Brochure at –

http://www.nluo.ac.in/document/CAL‐

ENDAR_1400012561.pdf

Any student(s) pursuing study of law

(L.L.B or LL.M) and enrolled in a recog‐

nized institution/university can partici‐

pate in the competition. No Registration

fee for the competition. Co-authorship is

allowed. Two students can author one

essay maximum. Last date of Submission

of the Essay – 10th July, 2014.All the

submissions shall be mailed to ipaaces‐

say@gmail.com. No requirement of hard

copy submission.

e deadline for receipt of submissions

is August 15, 2014 .Submissions will be

reviewed by end of August/ early

September. Authors are requested to

send an electronic version of their

manuscripts (.doc or .docx format) to

journal.governance@gmail.com with

the subject as “Submission – [Name of

Author] – VIII Issue . ” e document

name must be in the following format

“ [Name of Authors(s)] – [Title of sub‐

mission ] . ” All queries may be ad‐

dressed to the Editor on the aforemen‐

tioned email address.

Disclaimer: e information provided

within this page is provided by the orga‐

nization knowledge Steez (www.knowl‐

edgesteez.com). TRIGGER TIMES is

not responsible for the accuracy, com‐

pleteness,suitability, or validity of any in‐

formation on this page.

e National Law School of India Re‐

view (NLSIR), the $agship journal of the

National Law School of India University

(NLSIU), Bangalore, in association with

the Nani Palkhivala Memorial Trust is

pleased to announce the release of topics

for the 7th Nani Palkhivala Foundation

Taxation Law Essay Competition. e

competition is open to current students

of law in any college or university in In‐

dia.

Joint authorship is not allowed. ere is

no speci#c mode of citation to be fol‐

lowed, but citations should be uniform.

Please send the essay and author infor‐

mation in separate #les. e essay must

not contain any identi#cation of the au‐

thor. Plagiarism will result in disquali#‐

cation. For any further details or queries,

please contact National Law School of

I n d i a R e v i e w ( N L S I R ) a t :

mail.nlsir@gmail.com.

Intellectual Property Research Institute

(IPRI), New Delhi,is inviting to partici‐

pate in a three-week ‘Internship cum

Patent Training Program’ starting from

July 7, 2014 to July 25, 2014; designed

for individuals from diverse academic

backgrounds including students who are

opting for an internship as a part of their

curricular requirement.

IPRI is a non-pro#t institute for educa‐

tion, research, and analysis of Intellectu‐

al Property (IP); destined to promote

understanding, training, and awareness

of several domains of IP including

Patents, Trademarks, Geographical Indi‐

cations (GI), Designs, and Copyright to

the students with suitable backgrounds.

e students would be entitled to a nom‐

inal charge subjected to conditions as

mentioned in the internship scheme at‐

tached.

e program offered, would comprise

rigorous practical exposure especially on

the efficient draing and #ling of patent

application, prosecution, and hands on

experience of attending the hearing be‐

fore the controller of patents. At the end

of the program, the candidate will be

getting a complete package of theoretical

knowledge properly orchestrated with

practical exposure, and would be able to

attend prosecution and ready to even

handle ongoing cases given there is re‐

quired quali#cation.

e Indian Society of International Law

(ISIL), International Committee of the

Red Cross (ICRC), Regional Delegation,

New Delhi is extremely pleased to an‐

nounce the introduction of two Zonal

Rounds for the forthcoming 14th Henry

Dunant Memorial Moot Court Compe‐

tition 2014 on International Humanitari‐

an Law.

e ISIL and ICRC is delighted to part‐

ner with the Institute of Law, Nirma

University Ahmedabad, Gujarat, for the

North Zone of the 14th Henry Dunant

Memorial Moot Competition 2014. e

North Zonal Rounds will be held in the

campus of Nirma University from

1st-3rd August 2014. We cordially invite

your esteemed institution to participate

in the competition by sending a team

comprising of three students and a

coach/teacher. e competition is open

to all students pursuing their undergrad‐

uate degree in law from a recognised

university/institution.

e predominant aim of the Henry

Dunant Memorial Moot Court Compe‐

tition 2014 is to promote awareness and

understanding of International Humani‐

tarian Law (IHL) amongst law students.

e Moot Court Competition since its

inception in 2000, has witnessed the par‐

ticipation of more than 65 odd teams

from across the country and has provid‐

ed ample opportunity for the law stu‐

dents to engage with issues in IHL and

familiarize themselves with the its appli‐

cation and enforcement. e moot prob‐

lem for the Moot Court is generally con‐

textualised on contemporary issues of,

and challenges to IHL.

Participation in the Moot Court involves

a thorough research and detailed study

of IHL treaties, including the 1949

Geneva Conventions and the 1977 Addi‐

tional Protocols, and the rules of cus‐

tomary law applicable to this area. e

moot problem, registration form and the

detailed rules and guidelines for the

Moot Court Competition are enclosed

with this letter. We request you to ensure

that the Registration form reaches us ei‐

ther by post to Institute of Law, NIRMA

UNIVERSITY, Sarkhej-Gandhi Nagar

Highway, Ahmedabad- 382481 or by

email to hdnz2014@nirmauni.ac.in as

soon as possible.

e memorials and counter memorials

should be duly submitted on or before

14th July, 2014 to the Institute of Law,

NIRMA UNIVERSITY. All the teams

are requested to reach the venue of the

competition, i.e., Institute of Law, NIR‐

MA UNIVERSITY latest by the noon of

1st August, 2014.

8 TRIGGER TIMES May, 19 2014

e National Law University Odisha (NLUO)

Law School Coverage

If you Want to See Your Law School

here, Please mail us at

milapchopra@legaltrigger.com

BACKGROUND:

e National Law University Odisha

(NLUO) promises to be an exciting new

development in the #eld of legal educa‐

tion. A very new institution, its estab‐

lishing Act of legislature was noti#ed as

recently as April 2009 and within a span

of four months, classes commenced with

the entrance being conducted in May.

e University has made a name for it‐

self by earning laurels with excellent per‐

formance of its students in various semi‐

nars, conferences and moot courts.

NLUO is located in Cuttack, a city dat‐

ing back to over a thousand years, and

also boasting a rich legal heritage – not

only is the Orissa High Court situated

here, but also some of the #nest lawyers

and judges of the country trace their

roots back to this city. e University is

presently situated in temporary premises

along the Mahanadi River, towards the

north-west of the city’s present limits. It

is scheduled to move to a new purpose-

built campus at Naraj, a location being

developed as an institutional area.

Why NLUO

National Law University Odisha offers a

distinctly hospitable learning environ‐

ment. Teachers are encouraged to make

classroom discussions heuristic; in a way

that does not impose upon the students

but allows them to arrive at their own

conclusions. At the same time, they be‐

lieve that learning has to transcend be‐

yond the classroom. eir aim is to cre‐

ate an environment where academics

does not burden but eases its way seam‐

lessly into the life of a student. In order

to be truly effective learning has to be

made an indistinguishable part of life as

a whole. It must be treated not as a dis‐

tinct component but as gestalt. eir ef‐

forts are thus directed towards the cre‐

ation of an environment which provokes

thought and encourages into socio-legal

action relevant to social needs. Harmony

in diversity and a global perspective are

central to the educational experience at

NLUO. ey recognize the need to be

global in outlook which is re$ected in all

areas of work. Furthermore they offer

safe and informal surroundings which

allow the students to enjoy a sense of in‐

dependence in secure and sociable con‐

ditions.

LIBRARY:

A Library is the life line of a law school,

and NLUO, to its credit, in just #ve years

since inception has managed to create a

library comparable to the best elsewhere.

eir resources are constantly updated

to keep abreast of recent developments.

In the present era of information tech‐

nology, library management too is not

le out from harnessing the bene#ts of

IT. In this regard, it is pertinent to note

that at the National Law University

Odisha, Cuttack both the academic as

well as residential blocks have been pro‐

vided with round the clock connectivity

through leased line connection using

state-of-the-art Wi-# technology. is in

turn enhances accessibility to e-re‐

sources within the University premises at

all times and irrespective of the location

of the users. To enhance accessibility the

library functions in two shis without

any break. Alongside making available

the resources in the library, the Library

staff at NLUO with an aim to be student-

friendly and provide acute convenience

to the students keeps the students updat‐

ed regularly with the new arrivals, con‐

tents of journals, important news

reports, etc, via the medium of mail and

notice boards.

STUDENTS:

National Law University, Odisha is com‐

mitted to providing an atmosphere in

which academic excellence is the fore‐

most priority for students. But the uni‐

versity also realises that the province of

academics is only a part of the realm of

life. e University believes it is not

merely academics which shape the des‐

tiny of an individual, but the totality of

being which determines the fate. us

the university endeavours to facilitate a

wholesome life experience for its stu‐

dents. In respect to many details of the

life of the students, the university seeks a

participatory process where the students

themselves collectively take responsibili‐

ty of their ways of life. In line with this

view NLUO has constituted several stu‐

dent committees which enable students

to pursue individual interests and take

part in various literary, cultural and

recreational activities throughout the

academic year.

PLACEMENTS:

Campus Recruitment at NLUO is han‐

dled by a student run ‘Campus Recruit‐

ment Committee’ (CRC). e CRC en‐

gages in the task of facilitating and coor‐

dinating communication between the

students and prospective recruiters, in

addition to which the CRC also indulges

in various other activities of organizing

so skill training programs so as to hone

the skills of its students. is ensures

that the students of NLUO are polished

and moulded to the best of their pro#‐

ciencies and capabilities.

NLUO will see its very #rst batch pass‐

ing out in the year 2014. Constituting

the foundation of an incipient university

which is hardly #ve years old, apart from

internships, the student community at

NLUO has made a distinctive remark in

diverse national and international fo‐

rums which has been more than satisfac‐

tory and overwhelming. e students at

this University are exposed to an ar‐

rangement of continuous evaluation

which examines every aspect of their

pro#ciency. is has prepared them for

the rigorous work culture of litigation as

well as law #rms, corporate houses, in‐

ternational and multilateral institutions,

government bodies. Hence, at NLUO

student becomes legally equipped to col‐

lect all relevant facts and analyse them

accurately, frame issues and give rea‐

soned answers to legal problems.

e graduating batch of 2014 consists of

105 students who represent a group of

highly motivated, sincere and deter‐

mined students. is batch owns the

privilege of having two honours special‐

izations one in BA/BBA and another ei‐

ther Corporate Law/Criminal Law/Con‐

stitutional Law/ Intellectual Property

Rights.

(Source NLUO website)

Reported By: Milap Chopra (Co-Editor

at Trigger Times)