Regulate poll promises

Regulate poll promises

The entire country has recently witnessed, experienced and jostled with the rally syndrome during the series of election to various state assemblies. Elections 2019 are on cards and various political parties have already pulled their socks to try every trick in the trade to grab power. Every party seems to be desperately attempting to woo the voter with various promises, various magical wands to the problems confronting the society and the nation. Every hue is being tried to be exploited by the politicians from changing colours like a chameleon to the roars of lions to the gimmicks of monkeys, to the laborious and arduous hard work of donkeys, just to be in limelight and finally be settled in the eyes of voter. The money thus is being spent lavishly.  Would the money being spent by these political parties on rallies be accounted for when they submit their expenditure details to the Election Commission?

I sincerely wish that complete ban on such rallies be imposed by the regulatory bodies. The persons in power should reach the public through their deeds. That would compel them to seriously think of the effective and flawless execution and implementation of various schemes initiated by them. On the other hand the persons or parties sitting in opposition benches should project their opinion on various issues through print or electronic media which has grown beyond imaginations during all these years. The debates and discussions in Parliament should be telecast to project their viewpoint. The masses should be left to form their opinion on the basis of such projections only. Befooling voters with hollow promises, caste affiliations and mudslinging in political rallies should be stopped immediately.

I really pity the bent of mind and lust to grab power dwelling in the hearts and souls of today’s politicians. Instead of talking the development schemes and other solutions to the problems confronting our country, they seem to be engaged totally in the slugfest and negative politics. What image we are projecting to the outer world from whom we are expecting a lot in our development and growth plans.

Indian Contract Act which regulates various promises made by persons should be extended to the poll promises made by our politicians too. It has been categorically remarked in Sec 2h of the Act that “Every promise or set of promises forming consideration for each other would be termed as an agreement and any such agreement which is enforceable at law would be termed as contract” An agreement is said to be the combination of offer and acceptance where one party makes an offer to do or abstain from doing a particular thing in consideration of the promise made by the other. Agreement coupled with legal obligation turns into contract which initiates enforceability at law. In law oral or written promises have equal importance and are treated on equal legal platform by the provisions of law. A person making promise of selling his bike or car at an agreed price can be forced to sell so legally as per provisions of this law. But the leaders of our country especially the men in power brazenly make promises to hapless masses in consideration of the reins of power and after getting the desired power the promises made are seldom fulfilled. Can’t such promises made even by persons holding very responsible positions be brought under the scope of the definition of contract laid down in Indian Contract Act 1872? Why such promises made can’t be enforced at law. The law states that obligation must be legal and not just social.  Does choosing law makers, leaders and other representatives who govern and navigate the national policies not breed legal obligation? If not,  the law needs suitable changes in this regard as this all relates to the destiny of a nation and destiny of a nation is undoubtedly of prime importance. Section 17 of the same Act very clearly defines fraud, as making untrue statements wilfully, to impact the judgement of the other party and making any promise without intention of fulfilling it. Are not leaders of our country indulging into such fraudulent activities when they befool masses to make impact on their perceptions and gather votes? The manifesto of any party very seriously depicts and projects the party’s line of action if voted to power. Should that document be not considered a document which is important enough to generate legal obligation? If we just analyse the whole political scenario in our country every politician can very easily be termed as fraudster as he has grown and developed solely on such promises which were never intended to be fulfilled. The rallies addressed by the political class are wasteful extravaganzas where people are befooled on every step. Can the persons with some rational thinking mull over the idea of making the persons accountable with regard to the promises made by them in consideration of votes? Such regulations although very comfortably fit into the rational thinking and at the same time in definition of contract and legal obligation under Indian Contract Act but would not fit into the encrypted minds and political cushions of these law makers. I sincerely wish that such regulation is brought into force and politicians of our country who sinfully nurture in their eyes only the corridors of power are made to think before they speak in political rallies. Right to speech in our country has become right to befool masses and our political class is very conveniently making use of this right.

It has been seen, experienced and established beyond any doubt now that the system of electing our representatives has not proved effective in delivering things in the right and desired manner as the filth of corruption is getting beyond control now and eating into the valuable resources of our country. Use of the ugliest form of marketing is being tested and tried by political parties without regard to establishing long term relationship with the masses. Hence it is a high time now to mull over the much desired changes in the constitution which was drafted with some positive and rosy perceptions in mind. When things do not get along the desired lines, when economic, social and cultural health of the nation gets perilously affected by the nefarious designs of today’s breed of politicians, some changes in the constitutional framework of our country is earnestly required. But would the law makers dare to bring such changes and lead from the front? I have every doubt but we the masses are not left with any option but to hope, hope and only hope.

DR SANJEEV TRIKHA

ASSOCIATE PROF,

 M. M. COLLEGE, FATEHABAD.