Articles Of Confederation Essays - United States, Government

Articles of Confederation The Articles of Confederation was the principal constitution of the United States of America. The Articles of Confederation were first drafted by the Continental Congress in Philadelphia Pennsylvania in 1777. This first draft was set up by a man named John Dickinson in 1776. The Articles were then endorsed in 1781. The reason for the changes to be made was because of state jealousies and across the board doubt of the focal power. This desire at that point prompted the weakening of the record. As embraced, the articles gave uniquely to a firm association of kinship in which every one of the 13 states explicitly held its sway, opportunity, and freedom. The People of each state were given equivalent benefits and rights, opportunity of development was ensured, and strategies for the preliminaries of blamed hoodlums were sketched out. The articles built up a national lawmaking body called the Congress, comprising of two to seven representatives from each express; each state had one vote, as per its size or populace. No official or legal branches were given for. Congress was accused of duty regarding directing remote relations, proclaiming war or harmony, keeping up a military and naval force, settling limit questions, setting up and keeping up a postal assistance, and different lesser capacities. A portion of these duties were mutual with the states, and somehow Congress was needy upon the collaboration of the states for doing any of them. Four noticeable shortcomings of the articles, aside from those of association, made it unthinkable for Congress to execute its sacred obligations. These were broke down in numbers 15-22 of The FEDERALIST, the political expositions in which Alexander Hamilton, James Madison, and John Jay contended the case for the U.S. CONSTITUTION of 1787. The first shortcoming was that Congress could administer just for states, not for people; due to this it couldn't implement enactment. Second, Congress had no capacity to burden. it was to evaluate its costs and partition those among the states based on the estimation of land. States were at that point to burden their own residents to collect the cash for these costs and give the returns to Congress. They could not be compelled to do as such, and by and by they once in a while met their commitments. Third, Congress came up short on the ability to control business - without its capacity to lead outside relations was a bit much, since most arrangements with the exception of those of harmony were concerned chiefly with exchange. The fourth shortcoming guaranteed the death of the Confederation by making it too hard to even think about correcting the initial three. Corrections could have revised any of the shortcomings, yet changes required endorsement by each of the 13 state assemblies. None of the a few corrections that were proposed met that necessity. On the days from September 11, 1786 to September 14, 1786, New Jersey, Delaware, Pennsylvania, and Virginia had a gathering of there delegates at the Annapolis Show. Too hardly any states were spoken to do the unique motivation behind the gathering - to talk about the guideline of interstate trade - however there was a bigger theme at question, explicitly, the shortcoming of the Articles of Confederation. Alexander Hamilton effectively proposed that the states be welcome to send representatives to Philadelphia to render the constitution of the Federal Government satisfactory to the exigencies of the Union. therefore, the Protected Convention was held in May 1787. The Constitutional Convention, which composed the Constitution of the United States, was held in Philadelphia on May 25, 1787. It was called by the Continental Congress furthermore, a few states because of the normal liquidation of Congress and a feeling of frenzy emerging from an outfitted revolt- - Shays' Rebellion- - in New England. The show's relegated work, following proposition made at the Annapolis Show the past September, was to make corrections to the Articles of Confederation. The representatives, nonetheless, promptly began composing another constitution. Fifty-five agents speaking to 12 states joined in at any rate some portion of the meetings. Thirty-four of them were legal advisors; a large portion of the others were grower or traders. Despite the fact that George Washington, who managed, was 55, and John Dickinson was 54, Benjamin Franklin 81, and Roger Shermen 66, the vast majority of the agents were youngsters in their 20s and 30s. Recognizable missing were the progressive chiefs of the exertion for freedom in 1775-76, for example, John Adams, Patrick Henry, and Thomas Jefferson.

Children in Advertisements Free Essays

The consistently growing markets for products and their unchallenged attack through commercials are flooding the general public with data and thoughts, perspectives and symbolism which is hard to control and absorb. This is influencing the youthful personalities, as it were, particularly when diversion is blended with business messages. Grown-ups might have the option to build up a levelheaded protection from this assault, yet youngsters may not. We will compose a custom exposition test on Youngsters in Advertisements or then again any comparative theme just for you Request Now The offspring of non-TV age didn't pay attention to ads. They heard plugs on radio, read notices in comic books, children’s magazines and open air banners. In general, grown-ups just as youngsters thought about notices. TV changed individuals/Es view of promotions. For the TV sponsor, kids are an extremely appealing objective gathering to be developed. They become a weight bunch on guardians and guardians frequently capitulate to children’s requests. Some of the time it takes a type of enthusiastic shakedown. They are not purchasers. As indicated by Wadwalkar (1990),† youngsters are parasite purchasers. † But, kids are potential purchasers. They will grow up watching certain brands and sorts of items on TV. Long tedious introduction causes nature. In mass correspondence, commonality is properly viewed as an essential for influence and control, and redundancy a standard of influence. Television promoting for youngsters is a venture for the future as well. At the point when they transform into purchasers they are arranged towards purchasing certain brands and sorts of items. Wadwalkar says, that by taking messages to kids, the TV publicist, at one stroke, has broadened the dynamic base in the family. No more could grown-ups totally direct the acquisition of all the various types and rands of items. Kids can't be kept completely out of such dynamic. This worries less the quantum of arranged buy, yet the incidental, rehash and rash buys. Kids are entranced by TV ads. They respond to these marvelous, quick paced visuals on TV with their energizing music and their decided attempt to sell something. Television publicizing has gone into every day life-of kids. It hues their discussion and play as they address each other utilizing trademarks, jingles and so forth of promotions. Pretty much every promotion that shows up on TV adds to their jargon. Commercials, being short are undeniably fit to the fixation, length of even little youngsters. Television notices get rehashed with such normality that kids learn them. They are in this regard impeccably attached to early learning process. Ads set up a progression of quickly evolving energizing, visuals to feature an item. They will most likely be unable to get a handle on the full importance of the scene however the attention on the item leaves enough effect on them. In an article on ‘Children and Advertising, Dr. Yadava, Director, IIMC (1989) portrayed how publicizing impacts personal conduct standards: â€Å"Television promoting acclimates the youthful ones with the world outside and encourages them to get its method of articulation, its idiosyncrasies and methods of confronting it when they grow up. Invigorated sentiments of necessities and want will in general happen as incredible goals. The force with which youngsters experience want and their failure to relegate needs and acknowledge delays in fulfilling them is the normal experience of most guardians. At the point when these inclinations stay unfulfilled, such kids may grow up with loads of disdain against their folks and the current social set up. Publicizing focused on youngsters in India isn't exactly so exact yet, however it’s arriving. As indicated by Nabankar Gupta the executive of deals and showcasing, Videocon, â€Å"The under 16 age bunch is critical for the shopper strong business as they are significant influencers in choosing the item just as the brand. † Children of this age bunch are more educated about item benefits than the guardians. A portion of our best ads for clothes washers and air coolers utilize this age bunch as models to make an immediate relationship with the watcher. Doordarshan’s code expresses that any promotion that imperils the wellbeing of kids or makes in them an enthusiasm for unfortunate practices will not be appeared. Code No. 23 additionally gives that no commercial will be acknowledged which persuades that on the off chan ce that they don't utilize or claim the item promoted they will be mediocre somehow or another to other kids or are probably going to be derided for not utilizing it. Regardless of this, awfully numerous youngsters have started to connect bliss with procurement, the indisputable indication that industrialism has hit the Indian mentality. As called attention to by Unnikrishan and Bajpai, â€Å"In India, promoting on TV is, today, making a lot of pictures particularly for the Indian youngster, nearby a large group of other predominant pictures for the remainder of its crowd. Once disguised, together these become a content of individual achievement and levels of achievement†. Further, they include that, this introduction doesn't sharpen kids to their own or different people’s real factors. The princely youngster may feel persuaded that solitary their class of Indians truly tallies. Then again, the youngster from a poor family class might be compelled to recognize that the ways of life of the well-to-do class are the main authentic ones. Expanding westernization (reflected in Indian advertising’s decision of style, music and visual message) portrays the best of TV ads, while a dominatingly high society predisposition commands and establishes the pace for social pictures quickly getting well known and being disguised regardless of being strange to the larger part. Kids in each layer of the general public are strolling around with pictures of delightful homes, devices that make life agreeable, fun nourishments and extravagant garments in their brains. The less advantaged kids who are being asked to fit in with the methods of a general public and to a worth framework they can barely grasp. They are startled and disappointed not having the assets to stay aware of the requests of the new developing request. For kid watcher, TV publicizing holds three kinds of advance. 1. Notices that intrigue legitimately to the kid. It compares to the job of kids as buyers to whom a specific arrangement of items of direct significance (toys, dessert shops and so forth ) claim. 2. The subsequent gathering compares to the job of the youngster as a future customer. This gathering incorporates ads for all items that are not of prompt pertinence to the youngster including as vehicles, fridges, tires, cooking, paints and so forth 3. The last gathering compares to the job of the kid as on-screen character, member and sales rep. In this gathering are on the whole the ads that include kids. An examination by Unnikrishan and Bajpai (1994), on the â€Å"impact of TV promoting on children† made the accompanying determinations. I. Television messages have various implications for youngsters from various social fragments. ii. Kids in India, are being presented to what may be named an incredible reality. TV (excepting what may advance on local systems) frequently portrays a ‘reality’ which neglects to reflect Indian culture or life for what it is. iii. All kids, independent of their monetary or societal position, are impacted by what they see and hear on TV, despite the fact that the implications and messages are comprehended and ingested contrastingly by kids as they bring into their exchange of TV data, their own encounters. iv. Overall, youngsters in Delhi watch 17 hours of TV consistently (which implies that at any rate 50 percents of them observe fundamentally more than this normal figure) kids invest more energy before the little screen than on side interests and different exercises, including home work and dinners. . The normal multi year old goes through around 68 hours consistently, 30 days (of 24 hours each) consistently, and one whole year out of 10 solely on staring at the TV. vi. Publicizing particularly when it focuses on the youngster, capably advances a purchaser culture and the qualities related with it. vii. Seventy five percent of kids said they adored watching promotions on TV. When asked whether they loved them superior to the projects themselves, 63. 90 percent of the 5-8 age bunch said truly, while 43-54 percent of the 8-12 age gathering and 36. 0 percent of the 13-15 age bunch said yes. viii. Youngsters beneath eight see ads just as pictures with story lives. Just more established kids comprehend the promotions expectation to well. ix. Sixty five percent of kids in the 8 to 15 years old gathering felt they required the items they saw on TV. Bhatia (1997) considered the impact of TV notices on youths of Baroda city . She discovered moderate effect of TV ads on their physical, social, passionate and subjective improvement just as on relationship with their folks. Teenagers were profoundly impacted by TV ads in receiving the methods of communicating one’s self. They created loving for a very much enhanced home by survey TV notices. They appreciated seeing their preferred models and athlete in the ads and they communicated that they needed to become like them. Their general information additionally expanded and they created capacity to separate between the various brands of a similar item. Some of them comprehended the thought process behind the TV promotion. Studies on publicizing and kids by different analysts have featured the accompanying discoveries. 1. Offspring of all the age gathering and larger part of home creators and male heads stare at the TV in all the pinnacle hour transmission, in this manner having greatest introduction of notices. 2. Numerous things loved by youngsters were presented in Indian families through TV adver

Essay Format Samples - Find a Structure That Will Work For You

Essay Format Samples - Find a Structure That Will Work For YouWe are all being forced to start a new career or move somewhere, and we need to get some assistance when it comes to writing our professional essay, or any other essay for that matter. It is difficult enough to write a paper on our own, and we all know how difficult it can be trying to find the right material in a wide variety of topics.Professional essay format samples will help you write a well-organized and well-structured paper that shows just how well you understand the basics of academic writing. You will want to make sure that you have everything written down at your fingertips so that you do not have to take the time to organize it yourself.When writing a professional essay, you will need to be able to convey all of the information you have already discussed, as well as prepare your reader for what they can expect from your essay. This will ensure that your readers feel that they understand what you have said, and that you are fully prepared to answer any questions they may have about what you have written.One way you may be able to get past the clutter is to use something to organize the information you have. This may not only include creating a structure, but using a specific format for each section of your essay. The most common format for a professional essay is one paragraph per topic, which helps to make it easy to read.In order to be able to create a strong topic for your essay, you may want to consider seeking out some help in the form of professional essay format samples. These may help you to determine how to organize your information and to add structure to your work.Although writing a professional essay on your own may seem like an impossible task, the way to go about it may actually be a bit easier than you think. You may be able to discover exactly what format you will want to use and how to make the most of the information you already have.A professional essay format sample can show you how to put together topics and write sections of your paper in a way that will help you get the best out of your material. If you are struggling with the overall structure of your essay, this may help you to find the best structure that will allow you to stay organized and to make sure that your essay makes a good first impression.The best way to write a professional essay is to keep a notebook with you throughout the process. This way, you will always be able to refer back to what you have written and make sure that you understand what you have said.

Indian constitutional law - Free Essay Example

Sample details Pages: 10 Words: 2975 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Indian Culture Essay Political Essay Did you like this example? Such commissions are appointed to ensure that administration of the state is carried on in accordance to the provisions of the Constitution. However, the abuse of this power for political purposes cannot be ruled out. In his dissenting judgment in State of Karnataka v Union of India[i], the learned Judge held that such enquiry commission by the Union would impinge on the right of the state to function in its limited sphere allowed to it by the Constitution. Don’t waste time! Our writers will create an original "Indian constitutional law" essay for you Create order Learned judge held that as there is no specific Article in the Constitution enabling the Union Government to cause an enquiry into Governmental function of the state, the power cannot be assumed by ordinary legislation, but resort must be had to a Constitutional Amendment. The learned judge held that the word à ¢Ã¢â€š ¬Ã‹Å"enquiriesà ¢Ã¢â€š ¬Ã¢â€ž ¢ in entry 45 of list III should not be given a wide meaning as conferring on the Union and the state governmental powers to enact a provision to embark on an enquiry as to the misuse of governmental powers by the other. à ¢Ã¢â€š ¬Ã‹Å"Government cannot be carried on in accordance with the provisions of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢ The expression is used in the same sense in Articles 355-356. It has a very wide scope. It means the failure of a state government to work according to the constitution, in circumstances which have no necessary connection with external aggression, internal disturbance or violence, though this maybe the cause of the failure in particular cases. In fact, Article 356 contemplates cases of constitutional breakdown due to causes other than external or internal aggression (in the form of an armed rebellion), for which provision has an earlier been made in Article 352, and the case of financial breakdown which is dealt in Article 360. Thus, the Constitution itself provides that a Proclamation under Article 356 can be issued on the mere ground that the state has failed to carry out any of the directions issued under any of the relevant provisions of the Constitution.[ii] When compared with cl.(1) of Article 352, it is evident that Article 356(1) does not speak of any emergency of any kind; in fact the word à ¢Ã¢â€š ¬Ã‹Å"emergencyà ¢Ã¢â€š ¬Ã¢â€ž ¢ is not used anywhere in Article 356. It is a proclamation intended either to safeguard against the failure of the constitutional machinery in a state to repair the effects of breakdown. It may be either a preventive or a curative acti on. A court can however interfere with such an action by the President as has no connection with the breakdown of the constitutional machinery, e.g., if a suspension of a state government is ordered only because the Chief Minister belongs to a particular caste or creed. This would be an instance of ultra vires, that is the use of the power for a purpose other than that intended by the Article. Of course, while the marginal note to Article 356 uses the words à ¢Ã¢â€š ¬Ã‹Å"failure of constitutional machinery in statesà ¢Ã¢â€š ¬Ã¢â€ž ¢, cl.(1) of the Article uses the words cannot be carried on in accordance with the provisions of the Constitution. The latter are indeed words of the widest import, and if applied literally, they might mean the failure of the state government to comply with each and every provision of the Constitution, and whatever maybe the extent or degree of such failure. Article 356 produces the chapter headings of Government of India Act, 1935. Machinery o f Government does not ordinarily fail if this or that violation of the Constitution is violated, in the course of the states multifarious activities. The Directive Principles of State Policy which are à ¢Ã¢â€š ¬Ã…“provisions of the Constitutionà ¢Ã¢â€š ¬Ã‚  furnish a clearest instance of this. For example it would be absurd to suggest that if a state government did not carry out the Directive of State policy contained in Article 47 relating to the prohibition of intoxicating liquor that it can be said that there was a failure of constitutional machinery in the state. The state has merely exercised its legislative power in permitting the use of intoxicating liquor under liquor licensing laws and the state must bonafide come to the conclusion that the introduction of prohibition might be attended with greater evils which are undoubtedly produced by the consumption of intoxicating liquor. But the expression à ¢Ã¢â€š ¬Ã…“provisions of the Constitutionà ¢Ã¢â€š ¬Ã‚  should be interpreted not in a narrow literal sense to signify only the formal words in the Constitution, but also comprising convention, usages and the democratic spirit underlying the Constitution. If forms of the Constitution are used to subvert its spirit, then the Constitution can be regarded as having broken down in the states. The exercise of the power under Article 356 is an extraordinary one and need to be used sparingly when the situation contemplated by Article 356 warrants to maintain democratic form of Government and to prevent paralyzing of the political process. Single or individual act or acts of violation of the Constitution, good, bad or indifferent administration does not necessarily constitute failure of the Constitutional machinery or characterizes that a situation that has arisen which the Government of the state cannot be carried on in accordance with the Constitution. The powers given to the President by Article 365 are necessarily sufficient deterrent to State Governments not to defy directions given to them in the lawful exercise of the Union Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s authority and power.[iii] The learned author further says à ¢Ã¢â€š ¬Ã…“the exercise of that (i.e. power under Article 356) must be limited to a à ¢Ã¢â€š ¬Ã…“failure of constitutional machineryà ¢Ã¢â€š ¬Ã‚ , that is, to preserving the parliamentary form of Government from internal subversion, or from carrying on of Government practically impossible. Again, power under Article 356 may be exercised where the Governments of the states have been conducted for a period of time in disregard to the Constitution and the law. In the Rajasthan case,[iv] however, there are some observations which interpret the wider expression in Article 356(1) as equivalent to the expression à ¢Ã¢â€š ¬Ã‹Å"breakdown of the constitutional machineryà ¢Ã¢â€š ¬Ã¢â€ž ¢. At any rate, most of the Judges use the two expressions as interchangeable. It would be conducive to the national interest if both the legal and political world in India adhere to the narrow interpretation[v] for the following reasons: (i) If the history of the provision is to guide its interpretation, the observation of the architect, Dr. Ambedkar, are emphatic on the point that the scope of the Article would be confined to the sense of à ¢Ã¢â€š ¬Ã‹Å"breakdown of constitutional machineryà ¢Ã¢â€š ¬Ã¢â€ž ¢- and that this was an exceptional provision which should be applied only in the last resort. (ii) Even if one seeks to exclude the marginal note of Article 356 and to confine the interpretation to the words (failure to carry on the Government of the state) in accordance with the provisions of the Constitution, but the failure to maintain the à ¢Ã¢â€š ¬Ã‹Å"form of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, which in relation to the Provincial part of the Constitution meant the form of à ¢Ã¢â€š ¬Ã‹Å"responsible governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ as Krishnaswami Ayyar explained. (iii) The foregoing narrow interpretation would also follow that the premises explained by the framers of the Constitution themselves that Article 356 was a corollary or adjunct to the duty of the Union under Article 355 had been drafted on the model of Article IV(4) of the Constitution of the U.S.A. which enjoined the United States to guarantee to every state in the Union à ¢Ã¢â€š ¬Ã…“ a republican form of governmentà ¢Ã¢â€š ¬Ã‚ . Broadly speaking that expression has been formed to mean à ¢Ã¢â€š ¬Ã…“a form that, as distinguished from aristocracy, monarchy or direct democracy rests on the consent of the people and operates through representative institutionsà ¢Ã¢â€š ¬Ã‚ .[vi] If that be so, neither the provisions in Article IV(4) of the American Constitution nor Article 355of the Indian Constitution (can be used to subvert the normal system of Government in a state on the plea of violation) of particular provisions of the Constitution, short of breakdown of the Constitutional machinery or form of r epresentative and responsible government. (iv) This would follow from the interpretation given by the makers of the Constitution to Article 355(draft Article 277A) to which Article 356 was intended as a supplement. It was explained that the draft Article 277A was an amalgation of Article IV (4) of the American Constitution and s.61 of the Australian Constitution Act, which empowered the executive Government of the Common wealth to à ¢Ã¢â€š ¬Ã‹Å"maintainà ¢Ã¢â€š ¬Ã¢â€ž ¢ the Constitution. It does not appear that there is any case in which the expression à ¢Ã¢â€š ¬Ã‹Å"maintenance of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢ has been interpreted to enforcement of every provision of the Constitution Act, as distinguished from the constitutional system in toto. The expression à ¢Ã¢â€š ¬Ã‹Å"in accordance with the provisions of the Constitutionà ¢Ã¢â€š ¬Ã¢â€ž ¢, in Article 355 is, therefore to be interpreted in the light of the other two serious situations which precede this expression , namely, à ¢Ã¢â€š ¬Ã‹Å"external aggressionà ¢Ã¢â€š ¬Ã¢â€ž ¢ and à ¢Ã¢â€š ¬Ã‹Å"internal disturbanceà ¢Ã¢â€š ¬Ã¢â€ž ¢. Therefore, it is the duty of the Union Government to protect (the states) against external aggression, internal disturbance and domestic chaos and to see that the Constitution is worked in a proper manner both in the states and the Union. If the Constitution is worked in a proper manner, in the States, that if responsible government as contemplated by the Constitution functions properly, th v) Dr. Ambedkar further explained that the federal system and the autonomy of the States within the sphere allotted to them by the Constitution were the foundations of the Constitution and that Articles 355-356 were introduced as exceptions to that normal system only when there was a likelihood of the failure of a state to maintain that system itself, in which case the Union would enforce its obligation to maintain that system: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦ in view of the fact that we are endowing the provinces with plenary powers and making them sovereign within their own field. It is necessary to provide that if any invasion of the provincial field is done by the Centre it is in virtue of this obligationà ¢Ã¢â€š ¬Ã‚ , Namely the obligation to protect the states from external aggression or internal commotion or to maintain the Constitution in the Provinces i.e. the states. (vi) the very fact that the provision in Article 356 is included in Part XVIII as an à ¢Ã¢â€š ¬Ã‹Å"Emergency Provisionà ¢Ã¢â€š ¬Ã¢â€ž ¢- even though as the Court has said, it has no relation to an emergency of any kind dealt with in Article 352- would lead to the conclusion that the situation contemplated in Article 356 is not one of mere irregularity or difficulty, but one in the nature of an emergency,- a breakdown of the Constitutional machinery, which calls for an abnormal remedy. In the Rajasthan case (para 40)[vii], BEG, C.J., preferred to take the wider interp retation of Article 356(1), to have both a preventive and a curative purpose, viz., (a) à ¢Ã¢â€š ¬Ã‹Å"to safeguard against the constitutional machinery in a stateà ¢Ã¢â€š ¬Ã¢â€ž ¢, as well as to repair the effects of a breakdown. In view of the views expressed by Dr.Ambedkar and other supporters of the provision in the constituent assembly, the proper view would be whether the purpose can be preventive or creative, the power can be used only in extreme cases, viz., when there is an actual or imminent breakdown of the constitutional machinery, as distinguished from a failure to observe particular provisions of the Constitution. The Proclamation dated 21.4.1989 under Article 356 was challenged before the Karnataka High Court and a full bench of the High Court dismissed the Writ Petition. The matter was taken in appeal before the Supreme Court and nine learned judges and considered the scope and power of Article 356.[viii] Similar proclamations were issued in regard to the Governm ent of Rajasthan, Madhya Pradesh, Himachal Pradesh on 15-12-1992. The Government of UP was also dismissed by issuing a Proclamation on 6-12-1992. Meghalaya and Nagaland Governments were also dismissed by Proclamation. All these proclamations were challenged before the Supreme Court and they were disposed by a common judgment in Bommai S.R v Union of India[ix]. In that decision, the Court held that the proclamation under 356 in so far as states of Karnataka, Nagaland and Meghalaya were concerned,was unconstitutional. In S.R.Bommai v Union of India, [x]it was held that a proclamation under Article 356 is justiciable and the Courts could look into the materials or the reasons disclosed for issuing the proclamation to find out whether those materials or reasons were wholly extraneous to the formation of the satisfaction and had no rational nexus at all to the satisfaction reached under Article 356. The Court upheld the proclamation based on the Governorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report o f horse trading among the legislators. The Court rejected the argument that the Governor should have ascertained the support of the Chief Minister on the floor of the House. In so far as the proclamation of emergency in Madhya Pradesh was concerned, it was challenged initially before the High Court reported in Sunderlal Patwa v Union of India.[xi] The full bench of majority of two to one invalidated the Proclamation under Article 356 issued on 15-12-1992. These incidents, the majority did not find adequate to justify an action under Article 356 must be if such magnitude as to satisfy the President that it would be impossible for the Government to carry on the state administration in accordance with the provisions of the Constitution, as stated in Article 355. According to the High Court, no such ground or reason was made out for the invocation of power under Article 356. So far as the state of Nagaland was concerned, the same was also challenged before the High Court. The Divi sion Bench differed on the effective operation of Article 74(2) of the Constitution and hence the matter was referred to a third judge. But before the matter could be heard by the third judge, the Union of India moved the Supreme Court and the proceedings before the High Court was stayed. The Governorà ¢Ã¢â€š ¬Ã¢â€ž ¢s report was in that case was in consequence of split in the ruling Congress Party and on the allegations of horse trading and alleged connection of some members of assembly with insurgency. In regard to Meghalaya, the assembly was dissolved on the ground that the Constitutional functionary has failed to release the binding legal consequences of the orders of the Supreme Court and the Constitutional obligation to give effect to the said order. Article 356 was invoked in the State of Rajasthan, Madhya Pradesh and Himachal Pradesh on the ground that many members of the Assembly had participated in Kar Seva at Ayodhya after the demolition of Babri Masjid at Ayodhya. The proclamation was issued on the ground that à ¢Ã¢â€š ¬Ã…“secularismà ¢Ã¢â€š ¬Ã‚  which is part of basic structure if the Constitution has been violated and the Governments of these states cannot discharge their functions honestly and effectively. The writ petitions challenging the proclamations in state of Rajasthan and Himachal Pradesh were transferred to the Supreme Court on the request of the Union of India. Before considering the judgment in Bommaià ¢Ã¢â€š ¬Ã¢â€ž ¢s case, let us consider what transpired before the constituent assembly and its debates and also the recommendation of Justice Sarkaria Commission. Dr.Ambedkar observed, this drastic power as a penalty for unconstitutional acts done by a state government can be used only after other remedies have failed. In short, the Union cannot supersede a state government simply for the sake of à ¢Ã¢â€š ¬Ã‹Å"good governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢ of the state.[xii] While exercising this power, the Government in power at th e Centre will also remember that its only object as a member of the drafting committee explained was to act as a à ¢Ã¢â€š ¬Ã‹Å"safety valveà ¢Ã¢â€š ¬Ã¢â€ž ¢ to save the Constitution itself and was thus à ¢Ã¢â€š ¬Ã…“to be tolerated as a necessary evilà ¢Ã¢â€š ¬Ã‚ . Its use must therefore to claim that toleration be few and far between. Just as the frequent use of the amending power takes away the sanctity and reverence which is the foundation of every written constitution, similarly a frequent use of the emergency provision in Article 356 lamentably demonstrates that we are neither fit for federalism nor the Parliamentary system of government. Sarkaria,J.,made the following recommendations: à ¢Ã¢â€š ¬Ã…“1. Article 356 should be used sparingly, in extreme cases, as a measure of last resort, when all available alternatives fail to prevent or rectify a breakdown of Constitutional machinery in the state. All attempts should be made to resolve the crisis, its causes and ex igencies of the situation. These alternatives may be dispensed only in cases of extreme emergency where the failure on the part of the Union to take immediate action under Article 356 will lead to disastrous consequences. 2. A warning should be issued to the errant state in specific terms that it is not carrying on the government of the state in accordance with the Constitution. Before taking action under Article 356 any explanation received from the state should be taken into account. However, this may not be possible in a situation when not taking immediate action would lead to disastrous consequences. 3. When an à ¢Ã¢â€š ¬Ã…“external aggressionà ¢Ã¢â€š ¬Ã‚  or à ¢Ã¢â€š ¬Ã…“internal disturbanceà ¢Ã¢â€š ¬Ã‚  paralyses the state administration creating a situation drifting towards a potential breakdown of the constitutional machinery of the state, all alternative causes available to the Union for discharging its paramount responsibility under Article 355 should be ex hausted to contain the situation. [i] State of Karnataka v Union of India, AIR 1978 SC 68 (para 40). [ii] State of Rajasthan v Union of India, AIR 1977 SC 1361 paras 28, 39, 40 (Beg. C.J); 124(Chandrachud, J.); 137(Bhagwati, J.); 209 (Fazl Ali. J). [iii] H.M. Seervai, Constitutional Law of India, 4th Edition, 2007 Reprint, Volume III at pages 3090-91. [iv] State of Rajasthan v Union of India, AIR 1977 SC 1361 paras 28, 39, 40 (Beg. C.J); 124(Chandrachud, J.); 137(Bhagwati, J.); 209 (Fazl Ali. J). [v] Sarkaria Commission has adopted this view [Rep. I, paras 6, 3, 23], p.94. [vi] Corwin Peltason, Understanding the Constitution, (1967). [vii] State of Rajasthan v Union of India, AIR 1977 SC 1361 paras 28, 39, 40 (Beg. C.J); 124(Chandrachud, J.); 137(Bhagwati, J.); 209 (Fazl Ali. J). [viii] S.R.Bommai v Union of India, AIR 1994 SC 1918. [ix] S.R.Bommai v Union of India, AIR 1994 SC 1918 [x] S.R.Bommai v Union of India, AIR 199o Kant 5 (supra). [xi] Sunderlal Patwa v Union of India, 1993 Jab LJ 387 (FB). [xii] T.T.Krishnamachari, IX, C.A.D.,123, 125.

The Social Life Of Megan Meier - 1533 Words

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Response to The Futile Pursuit of Happiness, by Jon...

The Futile Pursuit of Happiness by Jon Gertner was published in September of 2003. It is an essay that discusses the difference between how happy we believe we will be with a particular outcome or decision, and how happy we actually are with the outcome. The essay is based on experiments done by two professors: Daniel Gilbert and George Loewenstein. The experiments show that humans are never as happy as we think we will be with an outcome because affective forecasting and miswanting cause false excitement and disappointment in our search for true happiness. Gertner jumps right into his essay with examples. He repeatedly states that we are wrong to think that nice things will make us happy. His language starts out blunt and†¦show more content†¦Gertner claims that these mistakes in expectations can lead to making bad choices in what we think will make us happy. This is called miswanting. Gertners explanation of miswanting is filled with more examples and experiments. The experiments are credible; they are done by professors at prestigious colleges. The examples are also believable. They are very helpful because they make the reader think back to a time when they really wanted something that they couldnt have, which is what miswanting is. People think that the key to being happy is getting the future they want. Gertner says that the real problem is figuring out which of those futures is going to have the higher payoff and is really going to make us happy. But, sometimes we make alarming choices depending on what type of mental state we are in. In the next few paragraphs, Gertner discusses hot and cold states. He uses, yet again, examples and experiments to get his point across. The example he gives about Loewenstein is very effective. He also gives the reader a little comic relief with his Superfreak example. Hot and cold states can affect the way we think when making decisions. A hot state is brought about by anxiety, fear, courage, drug craving, sexual excitation, or something else which tends to make us think a little irrationally. A cold state is when we are mentally calm. The studies show that while

Management Accounting of Control Practices Free Samples to Students

Question: Discuss about the Management Accounting of Control Practices. Answer: Introduction: The company uses to add the markup on the various cost items to determine the product costs. It distributes the costs between its two types of delivered items in accordance to the numbers of carton ordered. Such overhead allocation system is stated as traditional cost allocation method, which considers any single cost driver to allocate the total overhead costs. Though, traditional cost allocation method is a very popular method, it has certain limitations. It has been observed that it does not provide appropriate outcome for multiple product trading or manufacturing units. The company delivers the products either via commercial freight or under drop-ship delivery system. The costs for the two delivery systems are different from each other. For instance, it has to pay freight for commercial freight system and for drop-ship delivery system; it has to bear delivery van expenses. Hence, it would be inappropriate to distribute the freight cost to the orders, delivered under drop-ship delivery system or delivery van expenses to orders, shipped via commercial freight (Hglund et al. 2016). It is not necessary that the data entry department would provide same time for all the orders. Moreover, the company operates at various data entry levels, which require different labor hours. All the queries, attended by the data entry department, is not converted into sales at all the time. Therefore, the number of orders, booked, cannot be the appropriate cost driver for allocating the costs for this activity (Shu et al. 2014). As per the discussions, it is clear that the number of orders does not relate with these activities. Therefore, allocation of these expenses, under traditional method, cannot ascertain the proper product cost, which results in improper pricing of products. References: DRURY, C.M., 2013.Management and cost accounting. Springer. Groot, T. and Selto, F., 2013.Advanced management accounting. Pearson Higher Ed Hglund, L., Holmgren Caicedo, M., Mrtensson, M. and Svrdsten, F., 2016. Management accounting of control practices: a matter of and for strategy. Inthe 9TH INTERNATIONAL EIASM PUBLIC SECTOR CONFERENCE, held in LISBON, PORTUGAL, SEPTEMBER 6-8, 2016. Kaplan, R. and Anderson, S.R., 2013.Time-driven activity-based costing: a simpler and more powerful path to higher profits. Harvard business press Shu, F., Weidong, Z., Zhuo, L.Z., Haibin, C. and Yaohui, Z., 2014. The application of time driven activity-based costing in fine cost management of the hospital.Jiangsu Healthcare Administration,6, p.063