Constitution of India Essay Example for Free

Constitution of India Essay Section 10(3)(c) of the Passport Act authorizes the Passport authority to impound a Passport if it deems it necessary to do so in the in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interest of the general public. Maneka’s passport was impounded by the central Government under the Passport Act in the interest of the general public. Maneka filed a writ petition challenging the order on the ground of violation of her Fundamental Rights under Article 21. One of the major grounds of challenge was that the order impounding the Passport was null and void as it had been made without affording her an opportunity to being heard in her defence. The court laid down a number of propositions seeking to make Article 21 much more meaningful than hitherto. ↠ The court reiterated the proposition that Article 14, 19 and 21 are not mutually exclusive. A law prescribing a procedure for depriving a person of ‘personal liberty’ has to meet the requirements of Article 19. Also the procedure established by law in Article 21 must answer the requirement of Article 14 as well. ↠ The expression ‘Personal liberty’ in Article 21 was given an expansive interpretation. The expression ‘Personal liberty’ ought not be read in a narrow and restricted sense so as to exclude those attributes of personal liberty which are specifically dealt with in Article 19. The right to travel abroad falls under Article 21. ↠ The most significant and creative aspect of Maneka case, is the re-interpretation by the Court of the expression ‘procedure established by law’ used in article 21. Article 21 would no longer mean that law could prescribe some semblance of procedure, however arbitrary or fanciful, to deprive a person of his personal liberty. It now means that the procedure must satisfy certain requisites in the sense of being fair and reasonable. The procedure cannot be arbitrary unfair or unreasonable. As the right to travel abroad falls under art 21, natural justice must be applied while exercising the power of impounding a Passport under the Passport Act. Although the Passport Act does not expressly provide for the requirement of hearing before a passport is impounded, yet the same has to be implied therein. Case 2 Sunil Batra vs. Delhi Administration (1980) The Court has given several directives to improve many aspects of prison administration and condition of prisoners. In this case, the Court has pointed out that its powers under Art. 32 are free from the rigid restraints of the traditional English writs. Prison torture is not beyond the reach of the Supreme Court under Article 32. For this purpose, the Court treats letters from prisoners as writ petitions. In this case, the judicial process was set in motion by a letter written by a prisoner to a Judge of the Supreme Court complaining of the brutal attack by the prison staff on a fellow prisoner. Forsaking all procedural formalities, â€Å"since freedom was at stake†, the letter was treated by the Court as a petition for the writ of Habeas Corpus. Case 3 Hussainara Khatoon vs. Home Secretary – State of Bihar (1979) Hussaainara Khatoon case of the Bihar undertrials started with an article written in Indian Express. An advocate then filed a petition under Article 32 in the Supreme Court to protect the personal liberty of the undertrials. The Supreme Court has laid great emphasis on speedy trial of criminal offences and has emphasized: â€Å"It is implicit in the broad sweep and content of Article 21†. A fair trial implies a speedy trial. No procedure can be ‘reasonable fair or just’ unless that procedure ensures a speedy trial for determination of the guilt of such person. The Supreme Court has directed release of all undertrials who have been in jail for periods longer than the maximum term of imprisonment for which they could be sentenced if convicted of the offence charged. The Court also directed that the undertrial prisoners, who are accused of multiple offences and who have already been in jail for the maximum term for which they could be sentenced on conviction, even if the sentences awarded to them were consecutive and not concurrent, should be released forthwith, since their continued detention clearly violates not only human dignity but also their Fundamental Right under Art.21 of the Constitution. The Supreme Court has taken a big innovative step forward in humanizing the administration of criminal justice by suggesting that free legal aid be provided by the State to poor prisoners facing a prison sentence. Case 4 Keshavananda Bharati vs. State of Kerala (1973) The State of Kerala passed the Kerala Land Reforms Act. 1963. This Act affected the interest of the petitioner, Keshavananda Bharati, Swamiji of a mutt. So he filed a writ petition before the Supreme Court under Article 32 of the constitution, contending that his fundamental rights under Article 14,19(1)(f),25,26 and 31 were violated by the Kerala Land Reforms Act. While the case was pending, the parliament passed three constitutional Amendments, viz., 24th, 25th 29th Amendments. The constitution Twenty-fourth Amendment repealed article 19(1) (f) which read â€Å"to acquire, hold and dispose of property†. It also repealed Article 31, i.e., compulsory acquisition of property. It made several other changes. It also included the Kerala Land Reforms Act in the ninth schedule, thereby making them immune from attack on the ground of fundamental rights. As a result, the fundamental right to property was deleted from the constitution. The petitioner felt that, by these Amendments, he would lose the case in the court. So, he amended his writ petition before the Supreme Court, challenged the validity of 24th, 25th 29th Amendments. He contended that though the power of the parliament to amend was wide, it was not unlimited. The power to amend under Article 368 should not empower the parliament to destroy the basic features of the constitution. The Supreme Court’s judgment in this case is as follows: i) The constitution Twenty-fourth (Amendment) Act, 1971, section 2(a) (b) of the constitution Twenty-fifth (Amendment) Act, and the constitution Twenty-ninth (Amendment) Act are valid. ii) The decision of the majority in Golaknath’s case that the word ‘Law’ in Article 13(2) included Amendments to the constitution the Article operated as a limitation upon the power to amend the constitution under Article 368 is erroneous, and so, is overruled. iii) The power of Amendment includes within itself the power to add, alter or repeal the various Articles of the constitution, including those relating to fundamental rights. iv) There is no power to amend or alter the basic structure of the constitution. v) The First part of the Article 31-C is valid, and the second part of the Article 31-C laying down â€Å"no law containing a declaration that if it is for giving effect to such policy shall be called in question in any court on the ground that it doesn’t give effect to such policy† is invalid. vi) There is no inherent or implied limitations on the power of Amendment under Article 368. Case 5 Air India vs. Nergesh Meerza (1981) A regulation made by Air India, a statutory corporation, fixed the normal age of retirement of air hostesses at 35 yrs but authorized the managing director to extend the same to 45 yrs at his option subject to other conditions being satisfied. The regulation was held bad as it armed the managing director with uncanalized and unguided discretion to extend the age of retirement of any air hostess. No guidelines, principles or norms were laid down subject to which the power was to be exercised. Nor was there any procedural safeguard available to an air hostess who was denied extension. A regulation providing for termination of service of an airhostess in Air India on her first pregnancy has been held to be arbitrary and abhorrent to the notions of a civilized society. Case 6 Visakha vs. State of Rajasthan (1997) The Supreme Court has declared sexual harassment of a working woman at her place of work as amounting to violation of rights of gender equality and right to life and liberty which is a clear violation of Article 14, 15 and 21 of the Constitution. Article 21 guarantees right to life with dignity. Accordingly the Court has observed in this connection: â€Å"the meaning and content of the Fundamental Rights guaranteed in the constitution of India are of sufficient amplitude to encompass all the facets of gender equality including prevention of sexual harassment or abuse† Sexual harassment also violates the victim’s fundamental right under Article 19(1)(g) â€Å"to practice any profession or to carry out any occupation, trade or business†. Thus Article 32 is attracted. In the absence of any domestic law relating to sexual harassment in India, the Supreme Court has itself laid down under Article 32 some directions for prevention of such harassment. These directions are binding and enforceable and are required to be strictly observed in all work places until suitable legislation is enacted to occupy the field. Case 7 M R Balaji vs. State of Mysore (1963) An order of the Mysore Government issued under Article 15(4) reserved seats for admission to the state Medical and Engineering colleges for Backward classes(28%) and ‘more’ Backward classes(22%). This was in addition to the reservation of seats for SCs (15%) and for STs (3%). Backward and more backward classes were designated on the basis of ‘castes’ and ‘communities’ The Supreme Court characterized Article 15(4) as an exception to Article 15(1) (as well as to Article 29(2)]. The court declared the order bad on several grounds in this case. ↠ The first defect in the Mysore order was that it was based solely on caste without regard to other relevant factors and this was not permissible under Article 15(4) ↠ Secondly, the test adopted by the state to measure educational backwardness was the basis of the average of student population in the last three high school classes of all high schools in the state in relation to a thousand citizens of that community. This average for the whole state was 6.9 per thousand. The vice of the Mysore order was that it included in the list of backward classes, castes or communities whose average was slightly above, or very near or just below the state average(e.g., Lingayats (7.1) were mentioned in BC list). ↠ Thirdly, the court declared that Article 15(4) does not envisage classification between backward and more backward classes as was made by the Mysore order. In Balaji case, the Supreme Court could sense the danger in treating ‘caste’ as the sole criterion for determining social and educational backwardness. The importance of the judgment lies in realistically appraising the situation when the court said that economic backwardness would provide a more reliable yardstick for determining social backwardness because more often educational backwardness is the outcome of social backwardness. The court drew distinction between ‘caste’ and ‘class’. An attempt at finding a new basis for ascertaining social and educational backwardness in place of caste is reflected in the Balaji decision. The court also ruled that reservation under Article 15(4) should be reasonable. It should not be such as to defeat or nullify the main rule of equality enshrined in Article 15(1). While it would not be possible to predicate the exact permissible percentage of reservation, it can be stated in a general and broad way that it ought to be less than 50%. Case 8 Indra Sawhney vs. Union of India (1992) (Mandal Commission Case) The Supreme Court has taken cognizance of many complex but very momentous questions having a bearing on the future welfare and stability of the Indian society. ↠ The overall reservation in a year is limited to a maximum of 50% ↠ Amongst the classes granted reservation, those who have been benefited from reservation and have thus improved their social status (called the ‘creamy layer’ by the court), should not be allowed to benefit from reservation over and over again. This means that the benefit of reservation should not be misappropriated by the upper crust but that the benefit of reservation should be allowed to filter down to the lowliest so that they may benefit from reservation to improve their position. The court has said that if a member of IAS, IPS or any other All India Service, his social status rises; he is no longer socially disadvantaged. This means that, in effect, a family can avail of the reservation only once. ↠ An element of merit has been introduced into the scheme of reservation. o Promotions are to be merit based and are to be excluded from the reservation rule. o Certain posts are to be excluded from the reservation rule and recruitment to such posts is to be merit based. Minimum standards have to be laid for recruitment to the reserved posts.

The Cruel Transformation in Oedipus the King Essay -- Oedipus the King

The Cruel Transformation in Oedipus the King      Ã‚   When we look in the mirror, do we see what other people see or do we see what we delude ourselves into believing is the truth?   Self-realization is a complicated concept, one which many Greek dramatists used in order to clarify the themes of their tragedies.   In Oedipus the King, Sophocles ties Oedipus’ journey to self-realization with the main theme of the story.   As Oedipus slowly begins to realize his true self, he transforms from a proud and heroic king into a tyrant in denial into a scared, condemned man, humbled by his tragic fate.      In the beginning, Oedipus is portrayed as a confident, powerful hero.   His bravery and worth are proved when the reader learns how he solved the Sphinx’s riddle.   Even though Oedipus was not a native Theban, he chose to answer the Sphinx’s riddle in spite of her threat of death to anyone who answers incorrectly.   Only a man like Oedipus, a man possessing tremendous self-confidence, could have such courage.   When Oedipus succeeds, freeing the city from the Sphinx's evil reign, he becomes instantly famous and known for his bravery and intelligence.   A temple priest reveals the respect the Thebans have for their king when he tells Oedipus, "You freed us from the ... ...King.† In Readings on Sophocles, edited by Don Nardo. San Diego, CA: Greenhaven Press, 1997. Owen, E. T.   â€Å"Drama in Sophocles’ Oedipus Tyrannus.† In Twentieth Century Interpretations of Oedipus Rex, edited by Michael J. O’Brien. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1968. Segal, Charles. Oedipus Tyrannus: Tragic Heroism and the Limits of Knowledge. New York: Twayne Publishers, 1993. Sophocles.   "Oedipus Rex."   An Introduction to Literature, 11th ed. Eds. Sylvan Barnet, et al.   New York: Longman, 1997. Van Nortwick, Thomas.   Oedipus: The Meaning of a Masculine Life. Norman, OK: University of Oklahoma Press, 1998.

Formal and Informal Organisations Management

Introduction This essay is based on Formal and Informal organisations and the details and difference between the two. Recommendations and conclusions are also drawn based on the information presented. Formal and Informal Organisations The fundamental concepts of formal and informal organisations are regarded with the nature and processes in the workplace. A formal organization is the actual framework of the organization including its organizational chart and its chain of command which determines accountability.However, within the informal organization, otherwise known as the ‘grapevine’ in a business, is the familiar working relationships that are established in the business place and contributes significantly to work culture. (Reingold, 2007) The real purpose of an organizational chart is to effectively outline the structure of the formal organization. It shows who is accountable to whom, from the top management to middle management and front line employees. It also sho ws the horizontalrelationships of the different functional and operational divisions and department personnel.This chart consists of the functional framework and is important in the workplace to establish stability, clarity in work relationships and reporting standards between supervisors and subordinates. (Parker, 2002) Although top management in some businesses does not take into account, the actuality of informal organizations when trying to determine culture, it does have an essential influence on work dynamism. Workers interact with each other at different intervals and in different situations such as lunch, in the break room, and even after work.These encounters can greatly influence the level of the sense of belongingness each employee experiences or feels in the working environment. If it is that these encounters are generally negative, the quality of work ethics and morale will be very poor. (Reingold, 2007) Understanding the direct reporting relationships outlined in the o rganizational chart is often less important than knowing the ‘go-to people’ in the company. For ambitious employees, this may mean looking beyondimmediate coworkers and managers and finding helpful mentors and internal coaches that want to help them succeed.Information communication networks are also useful tools in learning how the company works just beyond what is conveyed from top management. It is important to note that when front line employees get prompted into management positions they often forget the significance in striking a balance between the formal structure and informal networks within the business. Disciplined structure and clear reporting relationships are important. However, management also has a lot to gain by remembering that informal networks are real and is of much use.Managers can maximize insight on how employees feel towards their jobs and how functional terms are operating through familiar conversations. While formal relationships are key to ac complishing organizational and departmental goals and objectives they are sometimes restrictive to open interactions. (Parker M. , 2003) An example of a formal organization would be the Jamaica National Building Society which has clear concise goals written and duly communicated. It is a registered financial institution that provides service to the public in a very organized and structured manner both in physical space and information management.An example of an informal organization would be a study group where interactions are familiar and there is no legal framework or organizational structure that governs the operations of the group. In businesses, employees are both part of the formal organization as well as the informal. A sales clerk in a marketing company is part of the formal structure of the business and is given a job description and specification but can also be part of an informal organization within the same business such as a partner group.Recommendation Individuals i n an organization normally work according to the structure prescribed by formality. However, at the same time, they develop other relationships in the organization, which may be deeply grounded on personal rather than work related principles. Both formal and informal organisations exist in all businesses and can impact their operations in negative and positive ways. My preference and recommendations with regards to choosing between the two would be the formal organization as it has many advantages.It constitutes the fundamental structure of the delegation of work and responsibilities. Without a structure it would be very difficult for employees to agree between themselves and their roles and functions and such problems multiply in large amounts with the increase in size of the organization. In addition to this, formal organisations generate clarity of what support and input each employee can expect form others and in turn what is expected of him/her by others. Extreme discipline is promoted in the business and so employees have respect for each other.In formal organisations it is easier to review and revise the organization with changing requirements. It provides a framework or structure for laying down pay scales and taking other decisions linked to organizational levels. It also helps in other human resources development activities such as recruitment, promotions, career planning and development and manpower planning. Conclusion Formal organisations are characterized by a chain of command and empowered individuals to enforce agreed upon rules. Rotary clubs and boy scouts are examples of formal organisations.They both have a charter stating their place and function in society. On the other hand, an informal organization is one where the participants have no empowered central leader who has the power to enforce rules on the group. References Parker, A. (2002). Myths about Informal Networks. Sloan Management Review , 345-350. Parker, M. (2003). The Psychologica l Foundations of Business Administration. The Early Siciology of Management and Organisations , 216-235. Reingold, J. (2007). Hidden Workplace. Comments on organisation , 706-811.

Computer System A Computer Repair Company - 984 Words

Beginning a computer fixing company could quickly be thought about one of the fastest expanding home services in the US. There might be concerns about what abilities you will require, various other than computer system skills you will certainly need in beginning a computer repair company, and also the steps included in getting it off the ground. You will need to comply with a sensible, cautious steps and also plan extremely carefully making certain you recognize exactly what you have to do before you have the ability to also offer services to your clients. The very same applies to workplaces or small organizations that have prevented signing expensive yearly maintenance agreements. They need computer system repair employees to come and†¦show more content†¦There can be a high level of obsolescence inside the computer industry. This would require participating in workshops run by computer specialists. Computer system firms like IBM as well as Apple, too, hold training sessions for computer system pros to keep them in the loop. You ought to additionally go to the internet websites of significant individual computer equipment suppliers as a rule, as well as research the technological information of every brand-new item. If will certainly need to be, you need to email the technical consultatory groups to make clear doubts you have. Staying up to date is necessary to begin a computer system repair work company. After that, you ll require 4 points: a vehicle to attend repair telephone calls, a telephone to address queries, an internet connection to surf computer internet sites and also inspect out technological forums, and also a device set. Set up partnerships with computer part dealers so that you could acquire a computer system component or software application as and when necessary. Resolve the expense as soon as you obtain funds from the client. You ought to not squander earnings on setting up a swank workplace. It is far better to run your existing Location. Maybe, it is possible to utilize a garage or a within space as your workshop. The success of your business depends on exactly how well youShow MoreRelatedBest Buy Geek Squad, Microcenter, And Microsoft964 Words   |  4 Pagestheir decisions. Companies like Best Buy Geek Squad, Microcenter, Apple, and Microsoft are a few of the well-known companies that we can expect to compete with. First with Best Buy, they offer warranties, installations, support, diagnostics, and repairs. They are very well known within the field and generally well respected. The service a wide variety of products ranging from phones to microwaves. Their prices vary between category, however as an example their desktop computers warranties start atRead MoreApple Vs Pc Vs. Pc904 Words   |  4 PagesApple VS PC There comes a time when there is a need or a want to pick out a new computer to buy. 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