The Governing Board meeting held on 12th December 2023 noted that “senior counsels have to be engaged by the Auroville Foundation to effectively defend the cases in the overall interests of Auroville” [minute 65.14]. The Governing Board resolution at the next meeting held on 13th February 2023 also confirmed it.
The Governing Board minute has allowed the Secretary of the Auroville Foundation “to effectively engage senior counsels to defend cases in the overall interests of Auroville.” It is quite expensive to engage senior counsels, but that is not a problem for the Secretary, as the fees would be paid from the Govt. Of India funds. However, many of the cases are between the Secretary and the Residents of Auroville, and the latter believe they too are defending cases in the overall interests of Auroville. Regrettably, the residents receive no funding from the Auroville Foundation to defend the cases and are left to fend for themselves. This disadvantages the residents unfairly.
The Governing Board ought to resolve that the words quoted above from the minute are also applicable to any resident of Auroville defending a case against the Secretary, and just as the fees are duly paid to the counsels of the Secretary, the same be paid to the senior counsels chosen by the residents as well.
This would discourage any Secretary from issuing rules, regulations, or standing orders not in accordance with the Constitution of India and, if done, promote peaceful resolution of conflicts by concerned or affected residents through legal processes.
The right to constitutional remedies is one of the fundamental rights given by the Constitution of India. It is recognised similarly in most countries of the world.
