Indian Constitution

The Constitution of India has some distinct and unique features as compared to other constitutions to the world. As Dr. B. R. Ambedkar, the Chairman of the Drafting Committee puts it, the framers had tried to accumulate and accommodate the best features of other constitutions, keeping in view the peculiar problems and needs of our country. The following are the salient features of the Constitution of India. 1. Longest written constitution Indian Constitution can be called the largest written constitution in the world because of its contents.In its original form, it consisted of 395 Articles and 8 Schedules to which additions have been made through subsequent amendments. At present it contains 395 Articles and 12 Schedules, and more than 80 amendments. There are various factors responsible for the long size of the constitution. One major factors was that the framers of the constitution borrowed provisions form several sources and several other constitutions of the world. They have fol lowed and reproduced the Government of India Act 1935 in providing matters of administrative detail.Secondly, it was necessary to make provisions for peculiar problems of India like scheduled castes, Scheduled Tribes and backward regions. Thirdly, provisions were made for elaborate centre-state relations in all aspects of their administrative and other activities. Fourthly, the size of the constitution became bulky, as provisions regarding the state administration were also included. Further, a detail list of individual rights, directive principles of state policy and the details of administration procedure were laid down to make the Constitution clear and unambiguous for the ordinary citizen.Thus, the Constitution of India became an exhaustive and lengthy one. (2) Partly Rigid and Partly Flexible The Constitution of India is neither purely rigid nor purely flexible. There is a harmonious blend of rigidity and flexibility. Some parts of the Constitution can be amended by the ordinar y law-making process by Parliament. Certain provisions can be amended, only when a Bill for that purpose is passed in each house of Parliament by a majority of the total membership of that house and. by a majority of not less than two-third of the members of that house present and voting.Then there are certain other provisions which can be amended by the second method described above and are ratified by the legislatures of not less than one-half of the states before being presented to the President for his assent. It must also be noted that the power to initiate bills for amendment lies in Parliament alone, and not in the state legislatures. Pundit Nehru expressed in the Constituent Assembly, â€Å"While we want the Constitution to be as solid and permanent as we can make it, there is no permanence in Constitution. There should be certain flexibility.If you make anything rigid and permanent, you stop the nation’s growth, the growth of a living, vital organic people. † 3) A Democratic Republic India is a democratic republic. It means that sovereignty rests with the people of India. They govern themselves through their representatives elected on the basis of universal adult franchise. The President of India, the highest official of the state is elected for a fixed term. Although, India is a sovereign republic, yet it continues to be a member of the Commonwealth of Nations with the British Monarch as its head.Her membership of the Commonwealth does not compromise her position as a sovereign republic. The commonwealth is an association of free and independent nations. The British Monarch is only a symbolic head of that association. 4) Parliamentary System of Government India has adopted the Parliamentary system as found in Britain. In this system, the executive is responsible to the legislature, and remains in power only as long and it enjoys the confidence of the legislature. The president of India, who remains in office for five years is the nomina l, itular or constitutional head. The Union Council of Ministers with the Prime Minister as its head is drawn from the legislature. It is collectively responsible to the House of People (Lok Sabha), and has to resign as soon as it loses the confidence of that house. The President, the nominal executive shall exercise his powers according to the advice of the Union Council of Ministers, the real executive. In the states also, the government is Parliamentary in nature. 5) A Federation Article 1 of the Constitution of India says: – â€Å"India, that is Bharat shall be a Union of States. Though the word ‘Federation' is not used, the government is federal. A state is federal when (a) there are two sets of governments and there is distribution of powers between the two, (b) there is a written constitution, which is the supreme law of the land and (c) there is an independent judiciary to interpret the constitution and settle disputes between the centre and the states. All the se features are present in India. There are two sets of government, one at the centre, the other at state level and the distribution of powers between them is quite detailed in our Constitution.The Constitution of India is written and the supreme law of the land. At the apex of single integrated judicial system, stands the Supreme Court which is independent from the control of the executive and the legislature. But in spite of all these essential features of a federation, Indian Constitution has an unmistakable unitary tendency. While other federations like U. S. A. provide for dual citizenship, the India Constitution provides for single citizenship. There is also a single integrated judiciary for the whole country.The provision of All India Services, like the Indian Administrative Service, the India Police Service, and Indian Forest Service prove another unitary feature. Members of these services are recruited by the Union Public Service Commission on an All-India basis. Because th ese services are controlled by Union Government, to some extent this constitutes a constraint on the autonomy of states. A significant unitary feature is the Emergency provisions in the Indian constitution. During the time of emergency, the Union Government becomes most powerful and the Union Parliament acquires the power of making laws for the states.The Governor placed as the constitutional head of the state, acts as the agent of the centre and is intended to safeguard the interests of the centre. These provisions reveal the centralising tendency of our federation. Prof: K. C. Wheare has rightly remarked that Indian Constitution provides, â€Å"a system of government which is quasi-federal, a unitary state with the subsidiary unitary features†. The framers of the constitution expressed clearly that there exists the harmony of federalism and the unitarism. Dr.Ambedkar said, â€Å"The political system adopted in the Constitution could be both unitary as well as federal accor ding to the requirement of time and circumstances†. We can say that India has a â€Å"Cooperative federalism† with central guidance and state compliance. 6) Fundamental Rights â€Å"A state is known by the rights it maintains†, remarked Prof. H. J. Laski. The constitution of India affirms the basic principle that every individual is entitled to enjoy certain basic rights and part III of the Constitution deals with those rights which are known as fundamental rights.Originally there were seven categories of rights, but now they are six in number. They are (i) Right to equality, (ii) Right to freedom, (iii) Right against exploitation, (iv) Right to freedom of Religion, v) Cultural and Educational rights and vi) Right to constitutional remedies. Right to property (Article-31) originally a fundamental right has been omitted by the 44th Amendment Act. 1978. It is now a legal right. These fundamental rights are justiciable and the individual can move the higher judiciar y, that is the Supreme Court or the High Courts, if there is an encroachment on any of these rights.The right to move to the Supreme Court straight for the enforcement of fundamental rights has been guaranteed under Article 32 (Right to Constitutional Remedies). However, fundamental rights in India are not absolute. Reasonable restrictions can be imposed keeping in view the security-requirements of the state. 7) Directive Principles of State Policy A novel feature of the Constitution is that it contains a chapter in the Directive Principles of State Policy. These principles are in the nature of directives to the government to implement them for establishing social and economic democracy in the country.It embodies important principles like adequate means to livelihood, equal pay for both men and women, distribution of wealth so as to subserve the common good, free and compulsory primary education, right to work, public assistance in case of old age, unemployment, sickness and disable ment, the organisation of village Panchayats, special care to the economically back ward sections of the people etc. Most of these principles could help in making India welfare state. Though not justiciable. These principles have been stated a; â€Å"fundamental in the governance of the country†. ) Fundamental Duties A new part IV (A) after the Directive Principles of State Policy was incorporated in the constitution by the 42nd Amendment, 1976 for fundaments duties. These duties are: i) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; ii) To cherish and follow the noble ideals, which inspired our national struggle for freedom; iii) To uphold and protect the sovereignty, unity and integrity of India; iv) To defend the country and render national service when called upon to do o; v) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities, to renounce practices derogatory to the dignity of woman; vi) to value and preserve the rich heritage of our composite culture; vii) to protect and improve the natural environments including forests, lakes, rivers and wild life and to have compassion for living creatures; viii) to develop scientific temper, humanism and the spirit of inquiry and reform; x) to safeguard public property and to abjure violence; x) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of Endeavour and achievement. The purpose of incorporating these duties in the Constitution is just to remind the people that while enjoying their right as citizens, should also perform their duties for rights and duties are correlative. 9) Secular State A secular state is neither religious nor irreligious, or anti-religious.Rather it is quite neutral in matters of religion. India being a land of many religions, the f ounding fathers of the Constitution thought it proper to make it a secular state. India is a secular state, because it makes no discrimination between individuals on the basis of religion. Neither it encourages nor discourages any religion. On the contrary, right to freedom of religion is ensured in the Constitution and people belonging to any religious group have the right to profess, practice or propagate any religion they like. 0) An Independent Judiciary The judiciary occupies an important place in our Constitution and it is also made independent of the legislature and the executive. The Supreme Court of India stands at the apex of single integrated judicial system. It acts as protector of fundamental rights of Indian citizens and guardian of the Constitution. If any law passed by the legislature or action taken by the executive contravenes the provisions of the Constitution, they can be declared as null and void by the Supreme Court.Thus, it has the power of judicial review. Bu t judicial review in India constitutes a middle path between the American judicial supremacy in one hand and British Parliamentary supremacy in the other. 11) Single Citizenship The Constitution of India recognises only single citizenship. In the United States, there is provision of dual citizenship. In India, we are citizens of India only, not of the respective states to which we belong. This provision would help in promoting unity and integrity of the nation.

Ford Pinto Case Brief

Ford Pinto Case Brief There was strong competition for Ford in the American small-car market from Volkswagen and several Japanese companies in the 1960’s. To fight the competition, Ford rushed its newest car the Pinto into production in much less time than it usually required to develop a car. The regular time to produce an automobile is 43 months; Ford took 25 months. Before production however, Ford engineers discovered a major flaw in the cars design. In nearly all rear-end crash test collisions, the Pinto's fuel system would rupture extremely easily. The technology was available to make the Pinto a safer vehicle. The best method for improving the safety of the Pinto was to line the gas tank with a rubber bladder. Ford alleged that it would cost $11 per car to add any sort of gas tank fire prevention device. Lee Iacocca, who was in charge of the development of the Pinto, had specifications for the design of the car that were uncompromisable. These specifications were that â€Å"the Pinto was not to weigh an ounce over 2,000 pounds and not cost a cent over $2,000. † Any modifications, even if it did provided extra safety for the customer that brought the car closer to the Iacocca’s limits were rejected. A report was prepared for NHTSA by consultant; Eugene Trisko entitled â€Å"A National Survey of Motor Vehicle Fires. † His report indicates that the Ford Motor Company makes 24 percent of the cars on the American road, yet these cars account for 42 percent of the collision-ruptured fuel tanks. Another staggering fact that was discovered was that a large and growing number of corpses taken from burned cars involved in rear-end crashes contained no cuts, bruises or broken bones. They clearly would have survived the accident unharmed if the cars had not caught fire. There was no single event that caused all of the deaths and injuries related to Pinto’s. Ford had many opportunities to limit the damage done by the faulty design of the Pinto. Engineers bowed to pressure from superiors to keep quiet about the unsafe cars. Was it ethical for Ford to make Ford Pinto? Question No. 1 Marks 10 How Ford management used â€Å"Cost Benefit Approach† in solving the case? Is it right decisions? Question No. 2 Marks 10 What is the best ethical solution that Ford company management has to adopt? â€Å"Case Study†

Martha Rinaldi Essay

Martha Rinaldi has been an assistant product manager at leading beverage company Potomac Waters since graduating from business school. Rinaldi is frustrated by her relationships with her boss and a close co-worker. Even though she works hard to please her manager, she has received a negative performance evaluation for her first four months. Should Rinaldi leave Potomac for a standing job offer at a company she previously interned with or try to improve her current situation? Martha Rinaldi has been an assistant product manager at leading beverage company Potomac Waters since graduating from business school. Rinaldi is frustrated by her relationships with her boss and a close co-worker. Even though she works hard to please her manager, she has received a negative performance evaluation for her first four months. Should Rinaldi leave Potomac for a standing job offer at a company she previously interned with or try to improve her current situation? 30,000 Term Papers To Choose From.. Find Academic, Research, College, and University Term Papers Search Our Catalog For A Term Paper, Book Report, Case Study or Essay. We Provide Custom Research, Term Paper Writing, Pre-written Reports and Editing†¦ â€Å"$name† TERM PAPERS Academic Term Papers Catalog MARTHA RINALDI: SHOULD SHE STAY OR SHOULD SHE GO? HARVARD BUSINESS BRIEF CASE 4310 SOLUTION. 19150. MARTHA RINALDI: SHOULD SHE STAY OR SHOULD SHE GO? HARVARD BUSINESS BRIEF CASE 4310 SOLUTION. This paper provides a Berkeley Research analysis  and case solution to a Harvard Business organizational behavior case study by Linda A. Hill and Mark Rennella on the challenges of building power and credibility in a new job. The case focuses on the career and work frustrations of Martha Rinaldi, an assistant product manager at a leading beverage company. The case analysis includes problem identification, problem analysis, assessment of alternatives, and recommendations. APA Style. 12 pages, 7 footnotes, 7 bibliographic sources. 3,450 words. About Berkeley Research Case Solutions: Berkeley Research has offered authoritative case solutions to Harvard Business School case studies since 1984. We also feature solutions to case studies from other leading graduate business schools including Stanford, Darden, Wharton and Ivey. Our case solutions feature in-depth analysis drawing on appropri ate analytical tools including S.W.O.T., P.E.S.T. and Five Forces analyses, and include secondary references from scholarly journals and leading business periodicals. We do not offer student-written essays; all of our case solutions are professionally written by MBA and DBA –degreed writers with proven aptitude and long experience in writing insightful case solutions. Unlike other case solutions made available on the Internet without competent evaluation of their merits, Berkeley Research case solutions are peer reviewed by a panel of case analysts prior to being offered on our website. The strongest and most gratifying endorsement of the quality of our case solutions comes from our customers: over two-thirds of our case study sales are made to repeat customers, graduate students and executives enrolled in some of the most distinguished and selective graduate business programs, and who necessarily set a high bar for analytical rigor and expository clarity. The Berkeley Research case study solution is a premium product intended for a discerning audience. TAGS: Harvard business case solution, conflict management, interpersonal relations, pers onal strategy, talent management, communication, power and influence, leadership, career development, supervisor-subordinate relations RELATED PAPERS Kay Sunderland, Making the Grade at Attain Learning Harvard Case Solution Jamie Turner at MLI Harvard Case Solution Leadership and Team Development Research Paper Thomas Green: Power, Office Politics and a Career in Crisis Harvard Business Case Solution Terracog Global Positioning Systems: Conflict and Communication on Project Aerial Harvard Case Solution Bob Knowlton Case Study Solution

Innovation in Vodafon Case Study Example | Topics and Well Written Essays - 2250 words

Innovation in Vodafon - Case Study Example Hendricks & Singhal (1997. pp432-435) conducted a research in relationship between timing of new product introductions and market value of firms to discover that all firms that are late in introducing new products to the market lose market value. These theories indicate the importance of innovations for organization to remain competitive in the markets & the overall industry. As presented by Brown and Kozinets et al (2003. pp30-33), just carrying forward the heritage of the brand will not ensure its survival - old brand need to keep on learning new tricks of survival. In this essay, the author presents a brief introduction of innovations of Vodafone whereby the history, innovation characteristics and most innovative service of Vodafone have been covered in brief. In the end, the author has presented they perspective of his contribution to the innovations of Vodafone. Vodafone has slightly more than two decades of history and hence is relatively younger compared to many competitive firms in the telecommunications industry. It started in 1988 as a 100% owned subsidiary of Racal Electronics Plc and was operating in the name of Racal Telecom Plc which first time got listed in 1988 offering 20% of the overall capital to the public. Racal Telecom Plc became independent of Racal Electronics Plc in 1991 and was renamed as Vodafone Group Plc after the de-merging. As on today, the Vodafone Plc executive board is chaired by Sir John Bond and the Group CEO is Vittorio Colao who has taken charge from Arun Sarin very recently after the latter's retirement. Vodafone operates in 20 countries directly or through franchises that are Albania, Australia, Czech Republic, Egypt, Germany, Ghana, Greece, Hungary, India, Ireland, Italy, Malta, Netherlands, New Zealand, Portugal, Qatar, Romania, Spain, Turkey and the UK. In every country, the local operations are led by the country CEO who acts as the business in-charge of Vodafone in the country. All the country CEOs collectively report to the group CEO. (http://www.vodafone.com/start/about_vodafone/who_we_are.html) Vodafone Group Plc is one of the largest global mobile communications company having the vision to achieve the number one position in this industry. The vision statement of Vodafone states that "Our goal is to be the communications leader in an increasingly connected world". The "Cute Dog" advertisement with the "Happy to Help" message at the end itself is an innovation. Currently, this advertisement is getting close to hearts of the Indians with many variants of it floating in the local markets (http://www.resourcesforlife.com/docs/item1413). Vodafone has largely focussed on the global wireless communications market unlike their nearest global counterparts AT&T Inc. & British Telecom Plc. that are engaged more in wired telecommunications markets across the world. In the statement by the Group Chairman, Sir John Bond, it is emphasized that Vodafone is actively looking at mobile communicat

Pick an ethnicity that lives on Long Island and discribe how the have Essay

Pick an ethnicity that lives on Long Island and discribe how the have adapted to life on long island - Essay Example In Long Island, the presence of the Chinese people in the area can hardly remain unnoticed and their impact to the ever-changing culture of the island can never be understated. Historical Background Based on government data, the first Chinese settlers of the United States arrived in 1820. During the California Gold Rush of 1848, a significant number of Chinese workers increased to over a hundred in the hope of finding their fortune in a foreign land. Years passed, more Chinese were transported to the country to do menial labor in the household, in the industries and in large projects such as the Central Pacific Railroad (1863). Practically, the early Chinese immigrants only sought for better economic opportunities in the New World; however, they were confronted with harsh discrimination and brutal treatment that they endured for decades (Zhao â€Å"Remaking† 39). The culmination of all the racism that the Chinese suffered occurred in 1882 when the Chinese Exclusion Act took ef fect. Until 1943, Chinese people were banned from immigrating to the ‘land of milk and honey.’ In the 70’s and 80’s, which is considered as the Second Wave of the Chinese immigration to the United States, citizens from Hong Kong, Taiwan and mainland China traversed the Pacific in search for a better life. Through the years, issues on illegal immigration and the threat of deportation were faced by the Chinese in the US. In 1992, the Chinese Student Protection Act, sponsored by Representative Nancy Pelosi (D-CA) was enacted to grant permanent residency status to all Chinese nationals who came to the US on or before April 1990 (Zhou 55-61). Vis-a-vis with California, New York has been the haven of the Chinese in this western soil where they continually grew in number and gradually established their communities. In fact, the New York Metropolitan Area has recently been hailed as the district outside Asia where the largest concentrations of Chinese populations reside. In 2008, there were approximately 659, 596 Chinese in the metropolis (Zhao â€Å"†The New Chinese† 41). Long Island’s Chinatown The Chinese Diaspora has stretched in the entire globe and reached almost all corners of it. In Long Island, such phenomenon can be affirmed through the myriad testaments that can be seen not only in the streets but also on how people live. True to it, its diverse cultural environment has incorporated the Chinese Way, which can be perfectly gleaned from its ethnic enclave called Chinatowns. As vibrant as the one in Lower Manhattan and would be comparable to the one in San Francisco and Vancouver, the Chinatown in Flushing, Queens is the new home for Chinese businesspersons and workers. Until the 70’s, Flushing was mostly dominated by Italian and Greek nationals who left the place due to an economic downturn. As large groups of people departed from the area and the housing prices dropped, the Chinese immigrants, and the oth er East Asians, started to settle and prevailed in the area since the early 80’s until today (Tsui 53). The busy Chinatown in Flushing is a fusion of the East and the West. There are American stores as well as Chinese stores, restaurants and supermarkets. In fact, one hotel in the area prides itself of its ‘distinctly Asian flair.’ Korean, Japanese and Vietnamese business enterprises can also be seen in the area. Another Chinatown can be located in the Sunset Park at Brooklyn. Purported to be one

Safety of pedestrians and bicycles Term Paper Example | Topics and Well Written Essays - 3500 words

Safety of pedestrians and bicycles - Term Paper Example Over the period of last 20 years, these countries have taken some major steps to ensure safety like better facilities, better urban planning and traffic education for all those who use the road, be it pedestrian, cyclist or motor driven. The implementation of road safety laws has played a key role in this statistic. Other countries may imply the very same rules and models applied in Europe to have a better safety record for the coming future where more highways and road networks will be established for all kinds of commuters (Pucher, 2000). Introduction In the modern era; where fast cars, busses and sub-ways swell our urban and sub-urban lifestyle, people still prefer simple means to travel which includes the earliest mode of travel which is â€Å"walking† and a the use of two-wheel un-powered vehicle known as the bicycle. This trend has recently increased, especially in the metro-cities due to the limitation of traveling in powered vehicles. Some of the problems include parki ng space, fuel cost and taxes. The increase in technology has made sure that a network of roads and highway is established due to the nature and speed requirements of the motorists. This very fact has made modern urban planners to think about the safety of pedestrians and cyclists traveling on the road; especially the ones which they share with high speed cars, busses and other engine driven vehicles. This report helps in understanding the very danger faced by pedestrians and the people saving fuel on bicycles. The safety precautions taken by states and other agencies involved in the welfare of people on the road, be it any mode of travel. The report gives an insight of the future of pedestrian and bicycle riders with respect to change in historical terms or accident avoidance and self education of the people using highways and roads. Trends in Walking and Cycling The 2009 National Household Travel Survey (NHTS) shows us that the trips taken on foot were around 11 percent of all the trips reported where as trips on bicycle were recorded to a bare 1 percent. This accounts for a total of 12 percent. Although these stats do not show a healthy sign, but in comparison to the stats in 2001, show n increase of 25 percent overall. The total number for commuters on foot has almost doubled from 18 billion in 1990 to 24.5 billion in 2009. A similar trend was noticed in the area of bikes, where the numbers rose from 1.7 billion to 4 billion in the same time frame. Still, the required numbers in ratio with the current population are not being met to reduce engine driven vehicle related issues on a daily basis (Clifton, 2004). The method of data collection for reaching these trends has also turned into an efficient system by replacing the old system. The use of telephone to carry out the survey was later replaced by recovering data from travel logs. The National Household Travel Survey included another key assessment for calculating the number of people walking or riding a bicycle in a prescribed time frame. The survey asked people about the number of

Wilson War Message Essay Example | Topics and Well Written Essays - 500 words

Wilson War Message - Essay Example These vessels were comprised not only their enemies, but of peaceful ships on innocent business. Germany became responsible for the destruction of many innocent men, women, and children. Their activities were deemed inhumane and in need of correction. Wilson thoroughly described Germany’s awful behavior as he presented the case against them before Congress. In expression of his feelings regarding the situation Wilson stated, â€Å"I was for a little while unable to believe that such things would in fact be done by any government that had hitherto subscribed to the humane practices of civilized nations† (Wilson). In describing the actions of Germany, he told how the vessels were destroyed without any warning to the passengers. They were not given the chance to escape. They were not afforded the opportunity to change their course and save their lives but were immediately struck down. However, Germany had previously promised that they would not sink any passenger boats and that all other vessels would be given fair warning; a promise that they clearly did not keep. In framing the US’s involvement in the conflict, Wilson informed Congress that some of the vessels that had been sunk were American. He explained that the vessels of both neutral and friendly nations were being attacked insomuch that the conflict had become an issue of every nation. Basically, by sinking American ships Germany was responsible for causing America to get involved. Although Wilson had not wanted to make a declaration of war, the actions of Germany had brought America to the point where they had no choice but to do so. America would now have to fight, not only for the protection of their vessels, but, as Wilson put it, â€Å"the vindication of human rights† (Wilson). Germany’s actions could not be ignored. If they had been, then the destruction of innocent lives would continue, Germany might have advanced in their shameful actions by