One of the laws least tested on politicians is the law of agency. The law of agency essentially demands that the agent will act in the best interest of the principal. In the mercantile world, certain agents are charged with fiduciary responsibility. Those include bankers, insurance agents, real estate agents. A fiduciary is generally someone who manages money or property for someone else. When you’re named a fiduciary and accept the role, you must – by law – manage the person’s money and property for their benefit, not yours.

In the non-mercantile world, agents include spouse, election agent, lawyers, doctors and teachers.

When Sanjay Singh of Aam Adami Party says, “Teen- Teen bar ka Delhi ka mukhyamantri, Kejriwal, is not being given insulin in Tihar jail.”

Indirectly, he is reminding that “Teen- Teen bar ka Delhi ka mukhyamantri, Kejriwal”, is guilty of breach of trust of the people of Delhi.

He came to power on the shoulders of Ana Hazare’s movement to weed out corruption of Congress Party, and he has been hand in glove with Congress Party itself ever since then and have surpassed them, in more than one way.

M K Gandhi had said, “All Business Firms must work like trust.” How about Political Parties and Politicians? They are trustees of public money, without an iota of doubt. They manage money and property on behalf of citizens. Teen- Teen bar ka Delhi ka Mukhyamantri spends millions on advertisement of Mohalla clinics in Delhi and consults a doctor himself in Pune.

Without doubt, politicians are agents of the public. They are fiduciary agents of the citizens.

If bankers, insurance agents and real estate agents are given fiduciary responsibility, how are these politicians lesser? And they must be held responsible. It is the time to test this law on politicians. That will be counted as the single most important test of maturity of democracy in India in its ‘Amrit kaal’.

Indian Contract Act provides for Law of Agency

Interestingly, The Indian Contract Act, 1872, as amended up to date, provides for law of agency, as follows:

Agent ( sec 182)

An “agent” is a person employed to do any act for another, or to represent another in dealings.

with third persons.

Who may be an Agent (Sec 184)

As between the principal and third persons, any person may become an agent, but no person

who is not of the age of majority and of sound mind can become an agent,

Principal Sec 182

“The person for whom such act is done, or who is so, is called the “principal”.

Who may Employ Agent (Sec 183)

Any person who is of the age of majority according to the law to which he is subject, and

who is of sound mind, may employ an agent.

The love and affection of voters expressed by their votes is a fair consideration to enforce the law of contract and agency in any democracy, including India.


Modi’s Guarantee

India never lacked laws. We have Indian Contract Act since 1872. (We have M K Gandhi’s philosophy of trusteeship, and manifestos of Indian political parties). What India has lacked is sincere implementation of Laws. That is where Modi distinguishes himself. (You may have seen in media reports mountains of currency notes stashed in homes of friends of some Ministers in West Bengal and elsewhere). Modi’s guarantee is much valuable and valued in the above context.

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