Auroville Foundation (Residence Criteria) Standing Order 2024 challenged

The Working Committee appointed by the Residents’ Assembly (RA-WCom) have published a legal opinion from lawyer Suchindran Bala Baskar as to the validity of the Auroville Foundation (Residence Criteria) Standing Order 2024 (AVFRC), which lays down certain criteria to be followed by the residents of Auroville [see AVToday # 426, page 2]. The opinion states that the Auroville Foundation Act has not given the Governing Board powers to issue standing orders; that standing orders can ordinarily only be issued in cases where there is an employer – employee relationship which is not the case in Auroville; and that, as the Office Order does not contain any guidelines for the exercise of discretion by those charged with its execution, the powers granted may be misused and impinge on the right to equality before the law and the right to life and liberty including the right to privacy. The legal opinion states that the Order is bordering on contempt of the Stay Order on the Auroville Foundation (Admission and Termination of Persons in the Register of Residents) Regulations, 2023 issued by the Madras High Court on 23 February, 2024. The opinion concludes that the issuing of the AVFRC Standing Order 2024 is ultra vires [beyond the legal powers given by, eds.] the Auroville Foundation Act, 1988 and unconstitutional due to the conferment of arbitrary and uncontrolled discretionary powers.