Application of Separation of Powers in India

Application of Separation of Powers in India APPLICATION OF SEPARATION OF POWERS IN INDIA Separation of powers in Indian context: Doctrine of separation of powers is structural rather than functional. In India not only there is a ‘functional overlapping’ but there is ‘personnel overlapping’ also. A proposal of incorporation of the doctrine of separation of powers was proposed in the constituent assembly and the Constitutional history of India exhibits that the framers of the Indian constitution had no sympathy with the doctrine. In India separation of powers has not been awarded a Constitutional status. The doctrine of separation of powers is a part of the doctrine of basic structure of the Indian constitution although it isnt explicitly noted in it and consequently, no law and amendment can be surpassed violating it. The functions of various organs of the state have been diligently defined by the makers of the constitution. Parliamentary form of governance is followed in India. In Indian Constitution it is expressly mentioned that the executive power of the Union and of a state is vested by the constitution in the President and the Governor, respectively by articles 53(1) and 154(1), but there is no corresponding provision vesting the legislative and judicial powers in any organ. So accordingly it has been held that there is no strict separation of powers. Although prima facie it appears that our constitution has based itself upon doctrine of separation of powers. The Indian constitution has not entirely incorporated the doctrine of separation of powers but has taken a lot from the concept and kept it as a guiding force. The theory of separation of power has just been used as a guiding principle to separate the powers only to that extent to which it alienates the organs of the government from each other. In India fusion and not rigidity of separation of power is followed. The legislature or the executive cannot interfere with the judicial functions of the judiciary as it is independent in its field. The conduct of any judge cannot be discussed in the Parliament as per the Constitution. The High Court and the Supreme Court has been given the power of judicial review and they can declare any law passed by the Parliament as unconstitutional. The judges of the Supreme Court are appointed by the President in consultation with Chief Justice Of India and the judges of the Supreme Court. The power to formulate Rules for efficient conduct of business vests with the Supreme Court. Article 50 of the Constitution puts an obligation over the state to take steps to separate the judiciary from the executive. But since it’s a Directive Principle of State Policy, therefore it’s unenforceable. In a similar way certain constitutional provisions provide powers, privileges and immunities to MP’s, immunity from judicial scrutiny into the proceedings of the house, etc. Such provisions are thereby making legislature independent, in a way. The President is conferred with the executive power as it is provided in the Constitution. The Constitution enumerates the powers and functions of the President. The President and the Governor are immune from civil and criminal liabilities. Separation of Power- Parliament Executive India, since it is a parliamentary form of government, therefore it is based upon intimate contact and close co-ordination among the legislative and executive wings. However, the executive power vests in the President but, in reality he is only the formal head and that, the real head is the Prime Minister along with his Council of Ministers. The reading of the article 74(1) makes it clear that the executive head has to act in accordance with the aid and advice given by the cabinet. Generally the legislature is the repository of the legislative power but, under some specified circumstances President is also empowered to exercise legislative functions. Like while issuing an ordinance, framing rules and regulations relating to public service matters, formulating law while proclamation of emergency is in force. These were some instances of the executive head becoming the repository of legislative functioning. President performs judicial functions also like while assenting to death senten ces. Separation of Power- Parliament Judiciary Parliament can also exercise judicial functions, like in the matter of the breach of its privilege. In case of impeaching the President both the houses take active participation and decide the charges. Judiciary also performs various administrative functions when it has to supervise all the subordinate courts below. It exercises legislative power also when it formulates the rules regarding their own procedure for the conduct and disposal of cases. Executive functions of the legislature The legislature is prone to perform the following executive functions: a special role is played by the legislature in the executive field, especially in the parliamentary form of government. As a matter of fact, the life of the executive in a cabinet form of government is totally dependent on the will of the legislature. It is the legislature which elects the executive from itself. After election, the executive has to be responsible to the legislature. If the legislature expresses its no-confidence in the executive, the latter must resign. Thus, from birth to its death, the executive is tied to the chariot-wheel of the legislature. Legislative functions of the executive The executive also performs some legislative functions as noted below: In a parliamentary system of government the chief executive like the Queen of England and the President of India summons and prorogues the legislature. The authority can dissolve the lower house and order for fresh elections. It is a practice in almost all the countries of the world to refer the bill passed by the legislature to the chief executive for approval. Unless the chief executive okays the bill, it cannot be law. The chief executive can withhold his assent which is called the veto power of the executive over the legislature. When the legislature is in recess, some urgent laws can be made by the chief executive by promulgating ordinances which will have the force of law. The life of an ordinance varies from state to state. It is a short-term measure. This is a direct legislative fiat of the executive. In a parliamentary form of government the executive has a mass of legislative spade-work. It is the executive that initiates a bill in the legislature. So in a cabinet government a minister initiates bills in the legislature. A bill sponsored by a private member has little scope of success in the absence of direct patronage from the ministers. Thus we find that the Prasar Bharati Bill to ensure autonomy to the All India Radio and the Doordarshan was piloted by the Minister for Information and broadcasting in the V. P. Singh Government. The executive makes what is called delegated legislation. The legislature cannot make the minutest details of all laws. It frames only the broad laws. The minor aspect of the legislation is done by the rule-making powers of the executive. These rules and regulations which have the same force as law is the exclusive legislative domain of the executive. The executive also shares the legislative functions of the nature of financial legislations like the budget and theFinance Act. In India, no money bill can be introduced in the legislature without the prior approval of the President. Thus all three organs act as a check and balance to each other and work in coordination and cooperation to make our parliamentary system of governance work. India being an extremely large and diverse country needs a system like this where all organs are responsible to each other as well as coordinated to each other, otherwise making governance possible becomes a very rigid and difficult task. JUDICIAL PRONOUNCEMENTS In Keshavanand Bharti case (1973), the Supreme Court held that the amending power of the Parliament is subject to the basic features of the constitution. So, any amendment violating the basic features will be held unconstitutional. This scheme cannot be altered by even resorting to Art.368 of the constitution. In Ram Jawaya v. Punjab (1955) case, the Supreme Court held up the observation that the executive is derived from the legislature and is dependent on it for its legitimacy. Cabinet ministers in India both executive and legislative functions. Art. 74(1) gives the upper hand to the cabinet ministers over the executive by making their aid and advice mandatory for the President, who is the formal head of the State. In Indira Nehri Gandhi v. Raj Narain (1975) case, the Supreme Court held that adjudication of a dispute is a judicial function and parliament cannot even under constitutional amending power is competent to exercise this function. In Swaran Singh case (1998) the Supreme Court declared the Governor’s pardon of a convict unconstitutional. In subsequent judgments, the Supreme Court upheld the rulings of the Keshavananda Bharti case regarding the non-amend ability of the basic features of the Constitution and strict adherence to the doctrine of separation of powers.

Application of the Principles of Interpersonal Communication to a Essay

Application of the Principles of Interpersonal Communication to a Communication Scenario - Essay Example In this way of communication people depend on each other for the purpose of constructing and negotiating a clear picture of social reality (Wood, 2009, p. 9). This paper is aimed at making a clear picture of an application of the principles of interpersonal communication to a communication scenario in my life. 1. The change: The most important change that I would like to make in myself or in my behavior or characteristics is that I would like to be more familiar with people while having a conversation with them or interacting with them. In fact I would like to put more effort in building more concentration while talking to people, whether they are my family members or friends or my professional contacts. At present I do have a good interpersonal communication skill, but I would like to improve my skill even further as I have seen many flaws in myself when I communicate with people and I have also seen negative reactions from very few people regard to the fact that I have failed to un derstand the proper expression or feelings of what they were trying to express while talking to me (Hargie, 2011, p. 13). 2. Reason for the change: The reason that I need this kind of change in myself is that I believe that this change will give me enough opportunity to know other people while talking to them, to better understand what they think about myself (hence, if they feel bad about me, so that I can make necessary changes in my behaviors or characters for which they were actually feeling bad about me). This change will also help me to better represent myself in front of others and hence to express my true feelings, emotions through proper and truthful conversations. This change will also give me the kind of opportunity which people generally gather from successful conversations. The most important opportunities are good relations, such as friends and families, and knowledge regarding every aspect of society, economy, politics, sports and many more. This change will also give me enough opportunity to listen carefully to what people are saying at the time of talking to them and hence to understand a better approach of feelings, emotions and expressions of them (Hargie, 2011, p. 14). 3. Models and what others do: I have so many people around me whom I think as my models regarding the change that I would like to make in my conversation skill. First of all I would like to mention my father who listens to people very carefully while talking to them and express positive feedbacks to them. My best friend Peter also possesses effective skills of interpersonal communication. He is not only a good listener but also a very good communicator and always tries to engage in debates and arguments while talking to people. This quality makes others feel that he is properly reacting to what they are saying. My senior colleague in office, Mr. Beck, is also my model. He listens very carefully what others are saying and replies only after others finish expressing their entir e feelings. This makes the conversation more effective through revelation of complete feelings and emotions (Hargie, 2011, p. 21). 4. Required context or setting: In respect to the change that I am expecting to bring in my behavior while talking to people requires few settings and contextual facts. As I have already mentioned that in the context of the change my foremost inspiration is my father, therefore I would like to talk to

Elections and Political Parties in Central & Eastern Europe Research Paper

Elections and Political Parties in Central & Eastern Europe - Research Paper Example The modern values of democracy can only be properly protected and advanced through well-established political systems. Politics is a non-violent way of advocating for the rights and freedoms of individuals needed to ensure that each person gets the opportunity to express him/herself and achieve the objectives that he/she has set for him/her. Countries in Central and Eastern Europe have some of the most elaborate and well developed political systems in the world. These old democracies have citizens with a very high appreciation for the values of democracy1. However, the political systems adopted by various countries have huge variations in procedures and the values they emphasize upon. To demonstrate these differences, we have picked two countries; Germany and Ukraine to examine the differences between their political systems. Germany is one of the most interesting republics when studying political systems. During the cold war that lasted from 1950s to 1990, it was divided into two pa rts; East Germany under the socialist political system and west Germany under the capitalist system. Even its capital Berlin had a wall dividing it into east and west regions. However, after the end of cold war and reunification of Germany, it is now under a strong capitalist political system, being a multiparty democracy. During the times of the cold war, the political system was made of only three parties. However, nowadays, with the formation of various coalition parties, the voters have a wide choice of parties to choose from2. However, it resembles most of the major economies in that its parties can be divided into two groups based on the ideologies they adopt. The two groups are either center right or center left. Each of the groups is made up of a number of smaller parties and coalitions. It is very common to find coalition governments taking over power after elections in Germany. Besides the political parties, there are other major components of the German system of governme nt. These components include the executive headed by the president. The president serves the country for a term of five years and can only lead for two terms. The second component is the lower house called the Budegstag. It has members representing voters and elected every 4 years. This house is headed by a chancellor elected from among the members. The third component is the upper house called Bundesrat. Unlike in most other countries, members of the German upper house are appointed from the cabinet rather than being elected by the voters. Each state appoints a representative to the upper house and has the liberty of recalling him/her whenever they wish. It is also worth noting that the representation of states in the upper house is not equal. Like in almost every other country, the German political system has a judiciary responsible for enforcing its laws. It is the main protector of the German constitution. Ukraine was one of the countries under the former USSR. It gained its ind ependence after the collapse of the USSR in 1991. After this, it went through many political transformations into its current position. The Ukrainian parliament is the most powerful organ of governance that the country has. The parliament adopted a document called the declaration of state sovereignty. The declaration stated that the parliament was the only organ with the powers to speak on behalf of the state. Besides parliament, the presidency is the next most important component of the political system in Ukraine. The president has powers to appoint representatives to various international forums and people to represent the president in various occasions and functions. The president is elected in an election held every five years. A president is allowed two terms in office each five years long. Next to him is the prime minister responsible for dealing with various executive functions of the government. The prime minister also heads the council of ministers3. The

International Business Essay Example | Topics and Well Written Essays - 1000 words - 11

International Business - Essay Example For example, the author states, â€Å"Lina Pedraza Rodrà ­guez, Minister of Finance and Prices of Cuba, said that the country urgently needs to modernize its economy so as to protect the achievements of the Cuban Revolution. For that it requires foreign investment, including from the United States† (Knight, 2015). This quote captures the minister’s comments on Cuba and its needs for foreign direct investment. This was a remark meant to woo countries such as the U.S to come and invest in Cuba. The countries about which the article was written include Cuba, the United States of America and Mexico. The article directly focuses on Cuba as a country that is advertising itself for foreign direct investment. USA and Mexico are referred to in the article as two countries that can possibly invest in Cuba. To make this possible, Cuba’s officials laid bare the environment and regulatory frameworks put in place in the country to ensure that foreign investment in the country would be a smooth process and a mutually beneficial endeavor for both parties. The information contained in the article might influence my decision to invest in the country in the sense that knowing the business environment, the regulatory and legal frameworks in Cuba will help me make appropriate decisions on whether it is a safe and beneficial place to invest in. For instance, Lina Pedraza Rodrà ­guez states, â€Å"Cuba is open to investment from the United States. It has never been closed† (Knight, 2015). She also added that the Cuban government had stabilized the microeconomic indicators to ensure that private and foreign companies operate with secure property rights. Deborah Rivas, the General Director of Foreign Investment in the Ministry of Foreign Trade and Foreign Investment also stated that appropriate laws are established to protect foreign investment. These facts positively influence me to invest in the country

Health education standards Essay Example | Topics and Well Written Essays - 500 words

Health education standards - Essay Example These topics were addressed at aiding the students in assisting students to obtain better personal relationships with their families, to introduce the notion of community health, to emphasize individual responsibility in regards to attaining a healthy lifestyle with particular attention paid to the need for physical activity and the dangers associated with tobacco use. The changes, in sum, mandated a more structural and comprehensive approach to health education. Teachers were expected to present health education in terms of the individual, the family, and the community. This more comprehensive approach to health education was to be illustrated using such fluid contexts as the school, mental health, and the prevention of violence. The apparent goals were to create an awareness of health issues in real life situations. The vision espoused by the proponents of these changes is fundamentally empowering. Rather than delving into basic health values the changes seek to truly and inspire the youth of California to identify health issues at a number of levels, to understand how health issues are best taken care of, and to promote a sense of individual responsibility. Again, the most novel aspect of today’s health care vision is its integrated and structural nature. There is a stress placed upon interdependence; more particularly, the vision stresses the interrelationships among health ideas, healthy people, healthy families, healthy schools, and healthy communities. Individual responsibility is important, but it serves mostly as a foundation upon which to construct larger types of healthy communities and groups. In short, the individual student is encouraged to accept a personal responsibility to contribute to each group he or she encounters and to function as an essential building block of a lar ger community. In order to pursue these noble objectives students are encouraged to view health issues, be they physical or mental, as part of their

Strategy management - HBR Article Essay Example | Topics and Well Written Essays - 1750 words

Strategy management - HBR Article - Essay Example Companies which gained economies of scale across the borders have been encountered with a strategic shift where a company needs to adapt to the local conditions. Demand would be low for many years and companies needs to be well aware of the emerging competitors and constantly upgrade its reputation. The developing countries provides the best opportunity for companies but now the companies needs to focus more on customized products for that segment of richer countries that are underserved. This would facilitate more of product innovation at lower prices. The companies would even need to manage a diverse work force that would require more investments in new communication technologies and a powerful corporate identity. Any strategy formulation is done by a company in order to gain competitive advantage in the competitive business environment. There exits certain criteria’s that needs to incorporated in the process of strategy formulation. These criteria’s are based on market and products, operations and innovation, people and organization, and identity and reputation. The strategy formulated should encompass the factors of identification of emerging market competitors, investment in appropriate positions, and adaptability to the local differences (Clarke, Bennison and Guy, 1994, pp. 11-20). The component of market and products focus on those segments in every other country that is underserved, the price pressures should be recognized carefully so that the strategy do not only encompass premium pricing strategies rather the prices should be set on the basis of competition and the purchasing power of the consumers of the particular market segment, and addition of more innovative variet ies in the product offerings (Acur and Bititci, 2004, pp. 388-408). The operations and innovation factor deals with simplification of the supply chain activities, exploring the opportunity of off-shoring activities, shift the R&D activities where there exist the market

Compare the role of voice-over narration in any two (or three) films Essay - 1

Compare the role of voice-over narration in any two (or three) films screened in this course (Dr Strangelove, A Clockwork Orange - Essay Example Such a film device is not in any way new or inventive. It is a story-telling technique that is used by different directors to elaborate a plot, based on the needs of the plot and the messages they wish to convey to the audience. As such, this brief analysis will track and consider the ways in which directors of three distinct films—Dr Strangelove (1964), A.I. Artificial Intelligence (2001), and The Big Lebowski (1998)—employ this technique. Through such an analysis, the author hopes to reveal the different nuanced levels of meaning that the individual directors hope to invoke through story-telling techniques such as the voice-over narrative. Kubrick himself, when discussing how he would cast and direct a satire on the lunacy of the Cold War, noted that it should be presented to the audience in a form of dark humour. In this way, it could more readily convey the levels of truth and the different meanings that are portrayed (Bilandzic & Buselle, 2011, p. 30). As a means t o accomplish this end, Kubrick employed many techniques that sought to mirror elements of true life that the audience would readily be able to identify with and would appreciate. Of course one of the most powerful mechanisms that he employed was presenting news-like stories to the viewer in a matter of fact way; regardless of how utterly insane they might be in content. Kubrick further sought to provide a type of societal commentary that housed the work in a convenient yet detached framework. Rather than allowing the individual characters to stand out, ultimately diminishing the message that Kubrick was attempting to communicate, the director regarded central omniscient or seemingly omniscient narrator as a better mechanism. Thus, the director was able to present a serious and gripping subject matter in a satirical way from a detached standpoint. The detached standpoint itself is further compounded by the effect of the monotone voice of the voice-over narration, impressing upon the viewer an influential point of view. The overall effect that the director was attempting to incorporate into the film was precisely this: it was only necessary to add elements of realism into a script that was already tinged by elements of absurdity since the satire engaged the viewer with the preposterous nature of the Cold War and Mutually Assured Destruction (MAD) (Kirshner 2001, p. 40). In this way, the voice-over narration provided the necessary ethos that Kubrick required to accomplish a sense of realism and authority. Iguarta (2009, p. 58) offers a comprehensive insight regarding Dr Strangelove (1964), particularly from the perspective of using the voice-over technique: Voice-over narration in Kubrick's films evolves from an element that shows the mastery of the text by itself and an element of coherence that assures the perfect fitting of each element in the first films. They also show a more detached, ironic relationship of narrator to the text, which hints at the growing f eeling in the later films that reality cannot be controlled and that the text is unable to present it to us in a clear, reassuring way. This passage seems marked by the absence of voice-over narration in 2001, a reference to the organizing, clarifying function it had fulfilled in