In Bihar, cautious NDA goes with known knowns as RJD seeks to expand base

Patna, April 1, 2024 — As the political landscape heats up in Bihar, the National Democratic Alliance (NDA) and the INDIA bloc are gearing up for a fierce battle. The 2024 Lok Sabha elections promise to be a nerve-racking contest, with caste alliances playing a pivotal role. Let’s delve into the dynamics of this high-stakes electoral showdown.

The NDA’s Calculated Approach in M&A Transactions

When embarking on a merger or acquisition (M&A) journey, one of the initial steps involves negotiating a Non-Disclosure Agreement (NDA). Often referred to as a confidentiality agreement, an NDA sets the tone for the entire M&A process. While it may seem like a routine formality, the intricacies of NDAs demand careful consideration by both buyers and sellers.

Defining Confidential Information of NDA

An NDA outlines what information exchanged between the seller and the buyer is deemed confidential. Sellers typically seek broad parameters, encompassing various formats (oral, visual, written, and electronic). This includes not only explicitly labeled confidential data but also work products that incorporate protected information, such as memos and reports.

Buyers, unless they have specific concerns, should generally be open to this breadth. After all, understanding the target company’s confidential and proprietary details is crucial for informed evaluation.

Exclusions from Covered Confidential Information of NDA

NDAs explicitly exclude certain information from their scope. Buyers typically insist on excluding:

1. Information Already in Possession: Any data already in the buyer’s possession (and not subject to other confidentiality restrictions) is exempt.
2. Publicly Available Information: Information that becomes generally available to the public (excluding any dissemination by the buyer) is not covered.
3. Non-Confidential Basis Information: If the buyer receives information on a non-confidential basis, it falls outside the NDA’s purview.

Buyer’s Authorized Representatives of NDA

NDAs enumerate specific representatives of the buyer who are permitted to access the seller’s confidential information. These representatives may include directors, officers, employees, and advisors. Buyers must carefully consider whether additional parties need access to this sensitive data, especially equity or debt financing sources.

Tailoring NDAs to the Transaction

Negotiating an NDA often begins with a form prepared by the seller, its investment bank, or legal counsel. Key negotiation points vary based on the transaction’s specifics and the parties’ relationship. Buyers and sellers should address these areas:

1. Scope of Confidentiality: Clearly define what falls within the confidential ambit.
2. Duration of Confidentiality: Specify how long the confidentiality obligations endure.
3. Permitted Uses: Describe how the buyer can use the confidential information (usually limited to evaluating the transaction).
4. Remedies for Breach: Outline consequences if either party breaches the NDA.
5. Governing Law and Jurisdiction: Determine the legal framework governing the NDA.

RJD’s Strategic Move: Beyond Traditional Strongholds

Lalu Prasad Yadav, ever the astute politician, is not content with the RJD’s traditional Muslim-Yadav (MY) vote base. He aims higher, reaching out to what he calls the ‘BAAP’ – a combination of Bahujan (backwards), Agda (forwards), Aadhi aabadi (women), and the economically disadvantaged. This diverse coalition, aptly abbreviated as ‘MY-BAAP,’ reflects the RJD’s ambition to broaden its appeal beyond its core supporters.

To achieve this, the RJD has fielded candidates from various backgrounds. Upper caste individuals, OBC (Other Backward Classes) Luv-Kush (Kurmi-Koeri) groups, and the Economically Backward Classes (EBCs) among OBCs all find representation in the RJD’s lineup.

Congress: A Reluctant Partner

The Congress, though not entirely satisfied with its allocation of nine seats, has little choice but to accept the RJD’s terms. Despite drawing a blank in the 19 seats contested during the 2019 elections, the RJD draws confidence from the 2020 Assembly polls. Even in Lalu’s absence, the party emerged as the single-largest entity. Tejashwi Yadav, Lalu’s son, has stepped into his father’s shoes as a formidable political heir.

This time, the RJD will contest 26 seats, aiming to capitalize on the theme of jobs and the social combination it has meticulously crafted.

The CPI (ML) Factor

Interestingly, the CPI (ML) has been rewarded with three Lok Sabha seats, having won 12 in the 2020 Assembly polls. Lalu and Tejashwi have recalibrated their strategy, emphasizing job creation and weaving it into the fabric of the 2024 Bihar election campaign.

Key Battlegrounds

The RJD has identified several seats where the contest promises to be intense due to the unique social combinations and candidate choices. The battle lines are drawn, and the MY-BAAP coalition faces off against the NDA’s known knowns.

In this high-stakes political drama, Bihar’s voters hold the power to shape the state’s future. As the seven-phase polls unfold, all eyes are on the MY-BAAP alliance and the NDA’s cautious maneuvers.

References:

1. In Bihar, cautious NDA goes with known knowns as RJD seeks to expand base
2. At 25, LSR graduate Sambhavi Choudhary youngest Dalit woman to contest Lok Sabha polls
3. Caste alliances will shape the tense battle between NDA and INDIA bloc