The Role of Youth in Indian Politics Essay

On the roads of Indian democracy, we have travelled for about 63 years now and shall continue the journey for years to come in the same rickety ancient grubby vehicle of ours that has driven us for so long. The list of travellers is an assemblage of young dazzling men and women. The blatant contrast between them arouses debates. It makes us ponder over the role of youth in Indian politics. There have been certain qualities constantly attributed to youth such as passion, aggression, and impetuousness, which have been viewed in both negative and positive lights.. Many argue that â€Å"youth† is an inexperienced and immature stage of life and are in disagreement as to whether the qualities of youth can be beneficial for politics, or detrimental. Speculation has also led to debates about whether young adult brains are biologically ready to make tough decisions. At the same time, for the establishment of â€Å"Rule by the People† in the world’s largest democracy as we proudly declare ourselves to be, it is important to understand who these â€Å"people† really are. According to ‘Indian Youth Portal’ 41.05% of the total population of the nation comes under the category of youth. Hence, it is obvious that participation of youth in the functioning of our country’s political practices is integral. The methods of working need to be revolutionised at a grass root level which can be attained by giving them the power to create a world in which they wish to live. Their innovative way of assessment and unacceptability towards injustice and unfair practices, makes them the ideal class of people to work for the people and strengthen their representation. After having addressed the question of the importance of youth contribution, we need to shift our focus on the practicality of this idea. A simple survey* reveals an interesting result. 87% of the university students surveyed for the same, believe that the†¦ Abraham Lincoln, the 16th President of the United States of America, aptly defined democracy as a government of the people, by the people and for the people. Abraham Lincoln, the 16th President of the United States of America, aptly defined democracy as a government of the people, by the people and for the people. This definition clearly underlines the basic tenet that, in this- form of government, people are supreme. The ultimate power is in their hands and they exercise it in the form of electing their representatives at the time of elections. In modern times this type of democracy, which is representative in nature, is most suitable. The other type, the direct democracy in which the people themselves enact and implement laws and run the administration, is now not feasible as countries are large and their populations huge. In a country like Switzerland, which has comparatively small population, direct democracy can still be found. India is the biggest democracy in the world, with a population of over one billion. India, a union of states, is a sovereign socialist, secular, democratic, republic, with a parliamentary system of government. The republic is governed in terms of the Constitution, which was adopted on 26 November, 1949 and came into force on 26 January, 1950. During the past fifty-three years there have been regular elections to the Parliament and state legislatures. This reflects the maturity and wisdom of the Indian electorate, in whom the ultimate power and sovereignty rests. With the passage of time, Indian voters have become more assertive and active as regards their participation in the process of democracy. The turnout of Indian voters has significantly increased during the past elections. It was about 52% only during the Lok Sabha elections of 1952 which increased to 64% during the ninth Lok Sabha elections held in 1989. Similarly during the last elections for Parliament, the voter’s t urnout has been quite encouraging. This phenomenon†¦ No institution including the Election Commission of India (ECI) and no personality or office in a democracy can be beyond public criticism and  debate. There have been occasions in the past when political parties have vehemently disagreed with the ECI’s decisions and found fault with its directives. Some of them have merely voiced their dismay, while others have accused the poll panel of lacking in neutrality and being influenced by the ruling party of the day. However, it is not often that a major political party holds a protest against the ECI and openly accuses the Chief Election Commissioner of timidity. By organising such protests, the Bharatiya Janata Party (BJP) has set a precedent of sorts. The party’s grievance is that the Returning Officer for the Varanasi constituency, where its prime ministerial aspirant Narendra Modi is a candidate, denied him permission to hold a rally in Varanasi city, citing security reasons. There may be some substance in its grievance as other leaders seem to have had no problem in addressing rallies at the same venue. However, it seems the party is protesting too much, as this one instance is not enough to conclude that the entire machinery of the Election Commission is acting with bias against the BJP and Mr. Modi. With just one round of polling left in the multi-phase exercise, Mr. Modi has criss-crossed the length and breadth of the country including Uttar Pradesh and addressed rallies without any such problem. The words of its senior leader Arun Jaitley, that â€Å"timid men can dwarf high office† and â€Å"if you can’t provide security, don’t hold polls in the country†, may not be quite fair, considering the impressive way in which the Commission has held the mammoth democratic exercise over the last two decades without many complaints of rigging. Voter turnout has improved considerably over the years; people living in remote areas and from communities prevented in the past from voting by feudal overlords are exercising their franchise without fear. Carping at the referee for one unpalatable decision, even if it involves the party’s iconic contestant, may not be justified. One of the principal complaints of the BJP against the United Progressive Alliance regime was that it undermined institutions such as the CAG by its continuous attacks. The BJP’s outburst against the ECI would seem no different in its tenor. Parties should desist from unfair attacks that might put undue pressure on election officials. It is equally plausible that the BJP was merely being opportunistic and seeking last-minute electoral gains by playing the victim. For its part, the Election Commission should be more alert, closely monitor field-level decisions and deal with complaints  against its officials with a greater sense of urgency. One of the most encouraging aspects of the 2014 Lok Sabha elections has been the significantly high voter turnout in areas affected by Left-wing extremism. Bastar in Chhattisgarh, that remains severely affected by Maoist insurgency, saw a voter turnout of almost 60 per cent as opposed to 47.33 per cent in 2009. Here, as well as in other areas, the Maoists had called for a total boycott of elections. But in most areas, in spite of the violence perpetrated by the Maoist rebels, people have come out in large numbers to cast their vote. In Gadchiroli constituency in Maharashtra, that is a part of the Maoists’ foremost guerrilla zone, the Dandakaranya Special Zone Committee, over 68 per cent votes were cast as opposed to 65.21 per cent in the 2009 elections. Munger and Jamui in Bihar also saw a 10 per cent increase in voter turnout. The only affected area where the turnout was low is Orissa’s Malkangiri that recorded a voting percentage of 48 per cent. One reason attributed to the higher turnout is the enthusiasm of first-time voters who came out in large numbers. Also, in many Maoist-affected areas, people are tired of the long cycle of violence, and want things to change. The voter turnout in Bastar has left the Maoists worried. After the elections in Bastar on April 10, they have held meetings at several places with Adivasis to understand what prompted this high turnout. Even in the formerly Maoist-hit areas in West Bengal, that went to the polls on May 7, the turnout has been exceptional. West Medinipur, Purulia and Bankura registered a turnout of 81.41, 78.75, 80.55 per cent respectively till 5 p.m. In Jhargram, it was almost 88 per cent. The challenge for the new government would be to focus on the development of the red corridor, especially when people there have expressed their faith in democracy. One major reason why the Maoists were able to entrench themselves in these regions was that the Indian state had completely forsaken its people. The void left by the state was just filled by Maoists. The onus is on whosoever forms the next government in New Delhi to change the equation. In many areas, there is sympathy among the Adivasis for Maoists. Security operations in these areas may have put Maoists on the back foot, but this can only be a temporary trend. In the absence of a real developmental intervention by the new government, there will be no ebb in violence in Bastar and other  Maoist-affected areas. One of the biggest challenges before the new government will be to instil a sense of security among the people. That will only happen if the people have confidence in the government — after which they will reject Maoism. When a law replacing an invalid executive order retains the same classification that was held to violate the constitutional norm of equality, it has to be struck down. It was only natural that the Supreme Court should declare unconstitutional Section 6-A of the Delhi Special Police Establishment Act that requires prior approval of the Centre before the Central Bureau of Investigation (CBI) can begin an inquiry or investigation against officers of the Union Government in the rank of Joint Secretary and above for the same reason that it invalidated the government’s ‘Single Directive’ in Vineet Narain (1997). The section was introduced by Parliament in 2003 to restore the ‘Single Directive’, a set of instructions to the CBI on the modalities of holding an enquiry. In yet another verdict that insulates the investigating agency from dependence on government approval at every stage, the Court has seen through the distinction made between officers based on t heir rank alone. Apart from there being no reasonable basis to treat corrupt public servants of a certain rank differently from those below them, the Court has given cogent and practical reasons too: that Section 6-A is destructive of the objective of the Prevention of Corruption Act as it blocks the truth from surfacing, protects those who commit crimes thwarts independent investigation and provides a forewarning to corrupt officers as soon as allegations are made against them. The government argued in vain, as it did in defence of the Single Directive earlier, that officers of the rank of Joint Secretary and above are â€Å"decision-making† officials who required protection against malicious or vexatious allegations. In the absence of such protection, it was contended, officials may tend to make no decisions, or limit themselves to ‘safe decisions’. However, as the amicus curiaepointed out to the Court, there was no known instance of harassment of officials between 1997 and 2003, the period in which no such prior approval was required. Further, other provisions requiring sanction from the competent authority before commencing prosecution remain intact. The real mischief in the provision, the Court has noted, is that the very group of  officers who may be the target of the inquiry get to decide whether the probe should be allowed or not. It has ruled that where it could be inferred that a corrupt act had taken place, but there is no direct evidence, the ‘expertise’ to decide whether to begin a probe should remain with the CBI, and not with the government. The verdict thus strengthens the agency in a way the legislature has failed to do over the years. It has restored what it calls the ‘signature tune’ of Vineet Narain: â€Å"however high you may be, the law is above you.† Essays on the organization, functions and Role of the Election commission in India A good electoral system is, therefore, the bed rock of genuine representative government. The architects of the Indian constitution attached the highest significance to arzon-dependent electoral machinery for the conduct of elections. For this it was necessary that an independent election commission with its vast paraphernalia should be set-up in country such a commission could ensure fair and free elections of the representatives of the pie at all levels. Articles 324, Dr. Ambedkar contended, â€Å"proposed centralise the election machinery in hands of a single commission, be assisted by regional commissioners working under the supervision direction control of the election commission and not and under e control of the state government as envisaged earlier.† Composition of the Election Commission: Of the four pillars of the Indian constitution, the Election commission is one, the other three being the Supreme Court, the public service commission and the comptroller and Auditor General of India. On the Election commission depends the integrity of election, which truly is the oxygen of democracy. Thus viewed, its independence d impartiality assume critical importance to the country’s entire political system. To ensure free and fair and impartial elections, the constitution establishes the Election Commission, a body autonomous in character and free from political orenecutive influence. The commission is an All India body having jurisdiction over, elections to parliament, fate Legislatures, offices of the president and vice-president. The Election Commission consists of the Chief Election Commissioner, and  such number of Election Commissioners if any as the president may fix from time to time. The Chief Election Commissioner stands at the apex of the hierarchy of the El ection Commission of India. All these commissioners are appointed by the president subject to the provisions of any law enacted by parliament for the purpose. The Chief Election Commissioner acts as the chairman of the Election Commission .in case any other Election Commissioner besides him is appointed. The tenure of the Chief Election Commissioner is independent of the executive discretion, for he cannot be removed from his of face except in the like manner and on the like grounds as a judge of the Supreme Court. The conditions of service of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment. The president also promulgated an ordinance amending the Chief Election Commissioner and other Election Commissioner Act providing for unanimous transaction of business and decisions but in case of differences of opinion among the three members the matter shall be decided â€Å"according to the opinion of the majority.† The Chief Election Commissioner and other Election Commissioner Act, 1991 as existed before the issue of ordinance was weighed in favour of the chief election commissioner on decision ma king in case of differences among the members of the commission. The constitution provides for a single member or multi ­member Election Commission. Where there is more than one I members the CEC acts as its chairman. The committee on Electoral Reforms has made certain recommendations with regard to the items and conditions of service Of the Chief Election Commissioner and the other Election Commissioners. After having studied those recommendations the chief Election Commissioners of India conditions of service rules 1972 were amended with introspective, effect from 1st January 1986. The Chief Election Commissioner of India will not be entitled to the salary and other facilities, like rent free accommodation, equivalery to that of a judge of Supreme Court. The term of his office has also been extended upto 6 years, from the date he assumes office or till the day he at his the age of 65 years. To assist the Chief Election Commissioner in the performance of his onerous duties there exists a large paraphernalia of the officers and the staff subordinate to him. Among them is the regional commissioner. Deputy Election Commissioner, se cretary, Under secretary, Research officers etc. In the place of the regional commissioners a new post of Deputy Election Commissioner was  created in the Election Commission for the first time in 1956. Since he Deputy Chief Election Commissioner is appointed by the president and is usually sent on deputation, he can be recalled by the central govt, at the request of the chief Election Commissioner at any time. At the state or the union territory level there is the Chief Election officer as the kingpin in the Electoral machinery. He is nominated by the Election Commission in consultation with the state Govt. He is usually a senior executive or judicial officer of the state Government. He is assisted by the joint deputy or assistant Chief Election officers as well as the rest of the staff appointed by him in consultation with the state government. He may be a whole time or part time officer. At the district level the electoral duties are discharged by the District officer or the Executive Officer in addition to his normal administ rative routine. The responsibility for the preparation and revision of electoral rolls is rested in an officer called the Electoral Registration officer. He may have under him Assistant Electoral Registration officers. The election in every constituency is supervised by an officer known as the returning officer nominated by the Election commission in consultation with the govt, of the state. The same officer can be nominated as returning officer r more than one constituencies. He is assisted by one or more assistant Returning Officers so designated by the Election Commission. The staff consisting of presiding and polling officers, for the actual conduct of the poll is appointed by the District Election officer. The District Election Officer may appoint a presiding officer for each polling station and such polling officers are necessary. The presiding officer keeps order of the pooling station and ensures the fair conduct of the poll. Functions and powers of the Election Commission: The Election Commission of India has to perform multifarious duties assigned to it under the constitution. Some of the principal functions of the commission are: (1) Demarcation of constituencies: To facilitate the process of elections a country has to be divided into several constituencies. The task of delimiting constituencies is generally performed by a delimitation commission. But the power to delimit parliamentary and assembly constituencies for the first general elections in  1951 was conferred on the president. The Election Commission distributed the seats district wise in each one of the states and directed the Chief Electoral Officers to prepare proposals for the physical demarcation of constituencies according to the prescribed criteria. The procedure adopted in the delimitation of constituencies in 1951 led to a virtual power in the hands of the ruling party to decide the contours of the constituencies as it suited its designs. The association of parliamentary Advisory committees with the delimitation commission gave top priority to political consideration. The Election Commission strongly pleaded for taking away this power from the parliament. The Delimitation co mmission was to consist of three members, two of whom were to be nominated by the president from serving or retired judges of the Supreme Court or High Courts while the Chief Election Commissioner was to be an ex-officio member. (2) Electoral Rolls: The second important but tedious function of the Election Commission is to prepare for identification the upto date list of all the persons who are entitled for voting at the poll. (3) Recognition of political parties and Allotment of Symbols: A new part IV A has been added to the representation of the people Amendment Act, 1951 on registration of political parties. Section 29 A now inserted provides for registration with the commission, of associations and bodies of individual citizens of India as political parties for purpose of this Act. This provision came into force from June 15, 1989. A recognised political party has been classified either as a National Party or a state party under paragraph 7 of the Elections symbol order 1968. Another important function of the Election Commissioner is to allot symbols to the political parties and the candidates, and also to accord recognition to the political parties. The commission has specified certain symbols as reserved and others as free. The reserved symbols are only available for candidates sponsored by the political parties and the free symbols are equally available to other candidates. The Election Commission has power to adjudicate upon disputes with regard to recognition of political parties and rival claims to a particular symbol for the purposes of elections. (4) Scrutiny of the Nomination Papers: Another function of the Election Commission is to examine the nomination papers of the candidates. These papers are accepted if found in order, but rejected otherwise. This duty is performed by the returning officer who notifies to all the contesting candidates the date, time and place for the formal scrutiny of nomination papers. The Returning officer summarily but judicially examines all the nomination papers and decides the objection raised. He is also to see whether the requisite requirements of security deposit, election symbol, election agent etc. have also been fulfilled. He is empowered to reject the nomination papers either by upholding the objection raised by a rival candidate or on his own motion or any of the following (a) that the candidate either is not qualified or is disqualified to fill the seat under any of the relevant constitutional provisions viz. Articles 84. 102, 173 and 191 (b) that the provision of sections 33 and 34 of the representation of the peopleâ€℠¢s Act 1951 have not been complied with and (c) that the signature of the candidate or the proposer on the nomination or papers is not genuine. (5) The conduct of the poll: Another stupendous task that the Election Commission has to undertake is the conduct of the poll throughout the whole of India. In a parliamentary constituency, the returning officer is to make suitable arrangements for conducting the poll with the prior approval of the Election Commission. The commission can order a Ripoll for the whole constituency under compulsion of circumstances. Articles 324 confers on the Election Commission necessary powers to conduct the elections including the power to countermand the poll in a constituency and ordering a fresh poll there in because of hooliganism and break down of law and order at the line of polling or counting of votes. (6) Election Expenses: Another most controversial function that the election commission has perform is no scrutinize the accounts of election expenses submitted by contestants in elections. In India every contesting candidate is required to maintain and file the accounts of his election expenses. Within a prescribed period after publication of the result of his election within 10 days from the last date of filing the returns the Returning Officer submits to the Election Commission a list of all the candidates and their agents together with their  returns as also his observation in respect of candidates who have failed to lodge returns in the specified time and a accordance with the procedure prescribed by law. The commission scrutinizes the accounts and dudes whether the returns are in proper form and whether they have been lodged in time. In case of default it notifies the candidates or their agents of there disqualification by publishing these in the official Gazette. Role of the Election Commission: Election is the contrivance through which a modern state creates amongst its citizens a sense of involvement and participation in public affairs. It is through popular elections that the authority of a govt, is clouted with legitimacy and peaceful and orderly transfer of authority to new leaders is ensured. For this it was necessary than an independent Election Commission with its vast paraphernalia should be set up in the country. Such a commission would ensure fair and free election of the representatives of the people at all levels. According to L.K. Advani, â€Å"The Election Commission occupies a pivotal place in the scheme of the Indian constitution. During recent years it has willingly or unwillingly abdicated its independent Supra governmental authority and accepted for itself the role of a mere official department charged with the conduct of elections.† The relations between CES and the central and state Governments are not cordial. The confrontation and the ensuing e mbarrassment for the Governments as a result of the ruling given by Chief Election Commissioner J.N. Seshan have only been increasing. With a critical evaluation of the working of the Election Commission of India so far as we can now infer that: Firstly, the working of the Elections Commission of India during the last four decades has shown that the Election Commission worked independently and impartially, as well as efficiently. Secondly, the Election Commission has fulfilled all the constitutional obligations, and has never tried to go beyond or over step the limits of the constitution. It always worked within the frame work of the constitution. Thirdly, when the Election Commission conducted the first General Election in 1951-52 the electorate were just 17 million but the present strength of the electorate is about 50 crores. The commission, has however been able to cope with its ever mounting responsibilities. It has the capacity to meet new challenges and faced the situation boldly. Fourthly, although the faith  of the people in democracy, its institutions and political parties has eroded but their faith in the Election Commission has all the more strengthened or fortified. According to the Election Commission, the very fact that in almost all states the ruling parties have suffer setbacks shows that the elections have been free and fair. It has given the lie to the wide spread belief that the party in power will use official machinery and influence the voters in its favour. Essays on the doctrine of â€Å"Judicial Review† under the Indian constitution The power of Judiciary to review and determine validity of a law or an order may be described as the power of â€Å"Judicial Review.† It means that the constitution is the Supreme law of the land and any law in consistent there with is void. The term refers to â€Å"the power of a court to inquire whether a law executive order or other official action conflicts with the written constitution and if the court concludes that it does, to declare it unconstitutional and void.† Judicial Review has two prime functions: (1) Legitimizing government action; and (2) to protect the constitution against any undue encroachment by the government. The most distinctive feature of the work of United States Supreme Court is its power of judicial review. As guardian of the constitution, the Supreme Court has to review the laws and executive orders to ensure that they do not violate the constitution of the country and the valid laws passed by the congress. The power of judicial review was first acquired by the Supreme Court in Marbury vs. Madison case. 1803. The constitution of India, in this respect, is more a kin to the U.S. Constitution than the British. In Britain, the doctrine of parliamentary supremacy still holds goods. No court of law there can declare a parliamentary enactment invalid. On the contrary every court is constrained to enforce every provision† of the law of parliament. Under the constitution of India parliament is not Supreme. Its powers are limited in the two ways. First, there is the division of powers between the union and the states. Parliament is competent to pass laws only with respect to those subjects which are guaranteed to the citizens against every form of legislative encroachment. Being the guardian Fundamental Rights and the  arbiter of-constitutional conflicts between the union and the states with respect to the division of powers between them, the Supreme Court stands in a unique position where from it is competent to exercise the power of reviewing legislative enactments both of parliament and the state legislatures. This is what makes the court a powerful instrument of judicial review under the constitution. As Dr. M.P. Jain has rightly observed: â€Å"The doctrine of judicial review is thus firmly rooted in India, and has the explicit sanction of the constitution.† In the framework of a constitution which guarantees individual Fundamental Rights, divides power between the union and the states and clearly defines and delimits the powers and functions of every organ of the stat^ including the parliament, judiciary plays a very important role under their powers of judicial review. The power of judicial review of legislation is given to the judiciary both by the political theory and text of the constitution. There are several specific provisions in the Indian constitution, judicial review of legislation such as Act 13, 32, 131-136, 143, 226, 145, 246, 251, 254 and 372. Article 372 (1) establishes the judicial review of the pre-constitutional legislation similarly. Article 13 specifically declares that any law which contravenes any of the provision of the part of Fundamental Rights shall be void. Even our Supreme Court has observed, even without the specific provisions in Article 13. The court would have the power to declare any enactment which transgresses a Fundamental Right as invalid. The Supreme and high courts are constituted the protector and guarantor of Fundamental Rights under Articles 32 and 226. Articles 251 and 254 say that in case of in consistent if between union and state laws, the state law shall be void. The basic function of the courts is to adjudicate disputed between individuals and the state, between the states and the union and while so adjudicating, the courts may be required to interpret the provisions of the constitution and the laws, and the interpretation given by the Supreme Court becomes the law honoured by all courts of the land. There is no appeal against the judgement of the Supreme Court. In Shankari Prasad vs. Union of India (1951) the first Amendment Act of 1951 was challenged before the Supreme Court on the ground that the said Act abridged the right to property and that it could not be done as there was a restriction on the amendment of Fundamental Rights under Article 13 (2). The Supreme Court rejected the contention and unanimously  held. â€Å"The terms of Article 368 are perfectly general and empower parliament to amend the constitution without any exception whatever. In the context of Article 13 law must be taken to mean rules or regulations made in exercise of ordinary legislative power and amendments to the constitution made in exercise of constituent power, with the result that Article 13 (2) does not affect amendments made under Article 368.† In Sajan Singh’s case (1964), the corupetence of parliament to enact 17th amendment was challenged before the constitution. Bench compris ing of five judges on the ground that it violated the Fundamental Rights under Article 31 (A). Supreme court reiterated its earlier stand taken in Shankari sad’s case and held, â€Å"when article 368 confers on parliament the right to amend the constitution the power in question can be exercised over all the provisions of the constitution, it would be unreason about to hold that the word law’ in article 13 (2) takes in amendment Acts passed under article 368. Thus, until 1967 the Supreme Court held that the Amendment Acts were not ordinary laws, and could not be struck down by the application of article 13 (2). The historic case of Golak Nath vs. The state of Punjab (1967) was heard by a special bench of 11 judges as the validity of three constitutional amendments (1st, 4th and 17th) was challenged. The Supreme Court by a majority of 6 to 5 reversed its earlier decision and declared that parliament under article 368 has no power to take away or abridge the Fundamental Rights contained in chapter II of the constitution the court observed. (1) Article 368 only provides a procedure to be followed regarding amendment of the constitution. (2) Article 368 does not contain the actual power to amend the constitution. (3) The power to amend the constitution is derived from Article 245, 246 and 248 and entry 97 of the union list. (4) The expression ‘law’ as defined in Article 13 (3) includes not only the law made by the parliament in exercise of its ordinary legislative power but also an amendment of the constitution made in exercise of its constitution power. (5) The amendment of the constitution being a law within the meaning of Article 13 (3) would be void under Article 13 (2) of it takes away or abridges the rights conferred by part III of the constitution. (6) The First Amendment Act 1951, the fourth Amendment Act 1955 and the seventeenth Amendment Act. 1964 abridge the scope of Fundamental Rights and, therefore, void under Article 13 (2) of the constitution. (7) Parliament will have no power from the days of the  decision to amend any of the provisions of part III of the constitution so as to take away or abridge the Fundamental Rights enshrined there in. The constitutional validity of the 14th, 25th, and 29th Amendments was challenged in the Fundamental Rights case. The Govt. of India claimed that it had the right as a matter of law to change or destroy the entire fabric of the constitution through the instrumentality of parliament’s amending power. In Minerva Mills case (1980) the Supreme Court by A majority decision has trunk down section 4 of the 42nd Amendment Act which gave preponderance to the Directive Principles over Articles 24, 19 and 31 of part III of the constitution, on the ground that part III and part IV of the constitution are equally important and absolute primacy of one over the other is not permissible as that would disturb the harmony of the constitution. The Supreme Court was convinced that anything that destroys the balance between the two part will ipsoTacto destroy an essential element of the basic structure of our constitution. Judicial Review of Legislative Enactment and ordinances: One of the first major case A.K. Gopalan Vs. State of Madras. 1951 that came up before the Supreme Court in which the preventive Intention Act, 1950 was challenged as invalid. The court by a unanimous decision declared section 14 of the Act invalid and thus manifested its competence to declare void any parliamentary enactment repugnant to the provisions of the constitution. In Champakan Dorairajan’s case, the Supreme Court held that the order of the state government fixing proportionate scales, for different communities for admission to medical colleges was unconstitutional. The presidential order de-recognising privy purses was also challenged in the Supreme Court which declared the order as unconstitutional and void. Between 1950-1980 parliament passed as many as 1977 Acts and out of them, the Supreme Court invalidate laws passed on 22 occasions. Principles of Judicial Review: Justice VS Deshpande in his book propounded a thesis that Judicial Review of legislation in India should rest merely on Article 245 (1) and not on Article 13. According to him, Article 245 (1) interpreted broadly would ensure the supremacy of the constitution over all kinds of laws. Thus, a law to be valid must conform with the constitutional forms. The grave  responsibility of deciding upon the validity of laws, is laid up on the judges of the Supreme Court. If a statue isn’t within the scope of legislative authority or it offends some constitutional restriction or prohibition, that statue is unconstitutional and hence invalid. The Statue is not held unconstitutional by the court in a light vein. Both the ‘felt necessities of the time’ and ‘constitutional fundamentals’ are balanced by the court. Accordingly, the Supreme Court has evolved certain canons, making and norms. H.M. Leervai has enumerated following rules in this regard. (1) There is a presumption in favour of constitutionality, and a law will not be declared unconstitutional unless the case is so clear as to be free from doubt; and the on us to prove that it is unconstitutional lies upon the person who challenges it. (2) Where the validity of a statue is questioned and there are two interpretations, one of which would make the law valid, and the other void, the former must be preferred and the validity of the law upheld. (3) The court will not decide constitutional questions of a case is capable of being decided on other grounds. (4) The court will not decide a larger constitutional question than is required by the case before it. (5) The court will not hear an objection as to the constitutionality of a law by a person whose rights are not affected by it. (6) Ordinarily, courts should not pronounce on the validity of an Act or part of an Act, which has not been brought into force, because till then the question of validity would be merely academic. Indian judiciary has been able to overcome the restrictions that were put on it by the 42nd amendment, with the help of the 43rd and 44th amendments. Now the redeeming quality of Indian judiciary is that no future governments could did its wings or dilute its right of Judicial Review. In fact, now the ‘Judicial Review’ is considered to be the basic feature of out constitution.

Relationship between Politics and Religion

Between the fourth and eleventh centuries, the relationship between politics and religion included religion being used for military aid, papal primacy, rulers enforcing religious orthodoxy, and religion being used for legltlmlaatlon. One of the relationships between religion and politics was papal primacy (church power over ruler power) as seen in documents 3, 4, and 5, In the fifth century, Pope Gelasius told the Roman emperor it was important to deter to papal authority.He wrote this in a demanding and domineering way in order to maintain power over secular rulers Gelaslus I's letter Illustrates the Idea of papal primacy where he tated, â€Å"[P]iously bow your neck to those who have charge of divine affairs† (doc. 3). Since the pope argued that rulers should â€Å"bow† to the clergy, this Indicates the power ot the pope over secular rulers. Similarly, Pope Gregory VII asserted his power over princes and their subjects. Since the Dictatus Papae was a letter. which was candid. It probably portrays the pope's view'S accurately.In the letter the pope claimed he had the power to release people from their ruler's authority, which suggests the pope was superior to rulers In terms of their power (doc. 4), Gregory VII also railed dgdlnst Idy nvestiture (kings appointing bishops). As a pope, he would of course see matters of faith as most Important because he was head of the Church. HIS decree exemplifies papal primacy because he proclaimed, â€Å"[N]o clergyman shall receive Investiture from the hand of the emperor, or the king† (doc. ). By reserving the power to appoint bishops, the pope had more power than emperors and Another document that might further this analysis of papal primacy would be a comparison of the land holdings of kings versus the papacy. This might indicate whether or not wealth contributed to the papacys sense ot superlorlty wer secular rulers. Another relationship between politics and religion was the use of religion for mili tary support as shown In documents 2 and 8.In the late sixth century, Gregory wrote in the account of the conversion of king Clovis bringing about the history of his armys victory between the fight of the Franks and the Alemannl. In the document, It is mentioned that Clovis' passion tor Jesus Christ earned his victory with the fight between his army and the Alemanni and the address of this, suggests that Gregory as the 81shop of Tours was for the divinity of this particular faith. Clovis proclaimed, â€Å"Jesus Christ†¦ o is said to give aid to those in distress and victory to those who hope In you† (doc. 2). This gives off the Impression that religion was much valued when it came to winning a tight between armies. Charlemagne wrote to pope Leo Ill indicating that religion provided for the support of the military. As the king of the Franks, he Is dedicated to have the faith concerning of Jesus Christ whom he Is to glorify and having the authority as the head of the churc h, the belief of Christ Influenced his thoughts on the mllltdry did.The king addressed, â€Å"Cod willing and granting, the Christian people will torever achieve victory over the enemies ot His ame†, which indicates his favor towards the Invocation for military support from his Lord In relation to religion being Invoked for military aid, another document that might further this analysis would be a reference from the annals which might show an L]nblased point of view of religions towards the act of military.Relationship between Politics and Religion BY asdf0801 religious orthodoxy, and religion being used for legitimization. power over ruler power) as seen in documents 3, 4, and 5. In the fifth century, Pope Gelasius I told the Roman emperor it was important to defer to papal authority. He secular rulers. Gelasius I's letter illustrates the idea of papal primacy where he Since the pope argued that rulers should â€Å"bow' to the clergy, this indicates the power of the pope ov er secular rulers.Similarly, Pope Gregory VII asserted his power over princes and their subjects. Since the Dictatus Papae was a letter, which was candid, it probably portrays the pope's views accurately. In the letter the pope claimed he had superior to rulers in terms of their power (doc. 4). Gregory VII also railed against lay faith as most important because he was head of the Church. His decree exemplifies apal primacy because he proclaimed, â€Å"[N]o clergyman shall receive investiture bishops, the pope had more power than emperors and kings.Another document that contributed to the papacy's sense of superiority over secular rulers. military support as shown in documents 2 and 8. In the late sixth century, Gregory army's victory between the fght of the Franks and the Alemanni. In the document, it is mentioned that Clovis' passion for Jesus Christ earned his victory with the fght as the Bishop of Tours was for the divinity of this particular faith. Clovis proclaimed, hope in yo u† (doc. 2). This gives off the impression that religion was much valued when it came to winning a fght between armies.Charlemagne wrote to pope Leo Ill Franks, he is dedicated to have the faith concerning of Jesus Christ whom he is to influenced his thoughts on the military aid. The king addressed, â€Å"God willing and granting, the Christian people will forever achieve victory over the enemies of His name†, which indicates his favor towards the invocation for military support from his Lord. In relation to religion being invoked for military aid, another document that an unbiased point of view of religions towards the act of military.

High School compared to middle school

When I got home I would eat something and relax for 1 hour and then I would start my homework around 6 pm. Most times, it would take my 15-20 minutes to finish my homework. If I had any projects or other work to do, it would extend my work time to about 1 hour. But that all changed once I got to high school. Once got to high school, would get home at 7 and as soon as I got home, I had tons of homework. Start my homework at 7:30 pm and if it is normal homework, then I am done at about 9 pm.If I have project or there work, have to work until 11 pm. And that is without AP human geography homework, which itself takes 1 hour per night. The second problem I have is band. Band in middle school is nothing compared to band in high school. When I was in middle school band, practiced for 30 minutes a day and that was enough for me to be good. After school practices were rare events and they lasted for about an hour when we had them. Once got to high school, even one hour of band practice a day isn't enough.And after school rehearsals are an almost everyday thing and each practice is a little more than one hour marching in the hot sun. And being at the Friday football games is mandatory. The games go from 7 pm to 1 0:30 pm and if it is an away game, then you don't get home until 12 midnight. And, in middle school concerts and contests were during the weekdays, but in high school you have to sacrifice your Saturdays to be at the competitions. And if you are not at the Ames or the contests in high school, then you get a detention.So, thinking that high school would be easy was a big mistake. Made this mistake and I am now paying the price. So, no matter what you do, don't make the mistake that made. Make sure you get prepare to have long days and lots of homework. And start preparing for having at most 7 hours of sleep on the wee stays. This is a medium compare-contrast because it is contrasting, but it is only contrasting it is not comparing anything as the same.

Introduction to Organisations and Management Assignment - 1

Introduction to Organisations and Management - Assignment Example Management involves coordinating and overseeing the work activities of others so that their activities are completed efficiently and effectively. The first and foremost responsibility of a good manager is creating an atmosphere in which people from different disciplines and departments in the organization can form teams for successful accomplishments of projects. Moreover the work of each individual and teams need to be observed closely so that they may be recognized for their efforts if their work is up to the standards or they may be helped in improving the quality of their work. The next job is to improve efficiency of individuals and teams through employ development programs, stress management drills and achieving the right combination of teams according to the nature of the project. There are certain steps involved in the management and organization and the success lies with the correct execution of these steps. These steps include planning, organizing, leading and controlling. An organization is a deliberate arrangement of people to accomplish some specific purpose. Organizations have a distinct purpose which is achieved by the correct composition of people who carry out the assigned tasks following a specified structure. In the present scenario, a good organization should have flexible work arrangements, employee work teams and open communication systems with a healthy organizational culture. Organizations are changing because the world around them has changed and is continuing to change. These economic, societal and technological changes have created an environment in which the organizations have to adopt new and innovative organizational techniques and objectives to achieve success. An analysis of two companies based on flexible work arrangements, employee work teams, communication systems and organizational culture is presented in the following pages. Organizational Design and Structure The organizational structure is critical for a company as well as for its employees. The success or failure of a company depends highly on the organizational structure of the company. Moreover a good organizational structure gives provides better opportunities to the employees to progress, hence the success of individuals as well as company depends on the organizational structure. Organizational structure essentially means the way in which a company makes use of its resources, human resources in particular. The organizational structure of the company determines the chain of command in a company by setting a framework in which individuals are generally divided into groups who report to certain individuals in the management. A successful organizational structure is the one which is flexible and can adapt to the changing trends and conditions. The classic rigid styles of organizational structure in which individuals are divided into certain departments and each department performs a specific function are diminishing now. The new organizational struc tures are based on the changing market trends, global competition and the arrival of technology. The objective behind a flexible organizational structure is to make it capable of aligning with the changing trends so that it may create new opportunities. In order to create new products or services and to target new consumer

Are there differences in the types of dreams that occur at different Essay

Are there differences in the types of dreams that occur at different times & Describe how sleep changes during the course of one night - Essay Example Polysomnography reveals a 50% drop in activity between alertness and phase 1 sleep. The eyes are shut during phase 1 sleep, but if woken up from it, then an individual might feel as if they have not slept yet. Stage 1 might last between 5 to 10 minutes (Harris 23). Stage 2 is a time of light sleep where polysomnographic readings portray irregular peaks and valleys, or negative and positive waves (Harris 24). These waves show spontaneous phases of muscle tone joined with phases of muscle relaxation. Muscle tone of this type can be witnessed in other phases of sleep as a response to audio stimuli (Jung 53). The heart deep slows, plus body temperature goes up. At this stage, the body gets ready to go into a deep sleep. These stages are deep sleep phases, with Stage 3 being less intense compared to Stage 4. These stages are referred to as delta or slow-wave sleep (Harris 24). In slow-wave sleep, particularly during Phase 4, the electromyogram records sluggish waves of high amplitude, showing a pattern of rhythmic continuity and deep sleep (Harris 24 and Jung 54). The time of non-REM sleep, abbreviated as NREM, comprises of phases 1 to 4 and lasts between 90 minutes to two hours, each phases lasting roughly five to 15 minutes (Harris 25). However, surprisingly enough, phase 2 and phase 3 reiterate backwards prior to attaining REM sleep. Thus, a normal sleep sequence has this pattern: waking, stage 1 to 4, and then back to 2 via 3, REM. In essence, REM sleep takes place just 90 minutes following sleep onset (Harris 25). REM sleep is discernible from NREM sleep through transformations in physiological states, including its distinguishing fast eye movements (Harris 25). Nevertheless, polysomnograms reveal wave patterns in REM similar as the ones in phase 1 sleep (Jung 57). During normal sleep (in individuals missing disorders of wake-sleep patterns or REM behaviour disorder), respiration and heart rate accelerate and become irregular, whereas the legs,

DQ 4 Secondary Research Essay Example | Topics and Well Written Essays - 500 words

DQ 4 Secondary Research - Essay Example Misleading - Secondary data is often misleading for the researcher as it is that this data had been collected for another purpose. It is merely the interpretation of primary data. The researcher should look from this point of view to understand the difference. Non-updated - Secondary data is collected from old sources. Therefore there sources may not be applicable for current needs. The researcher should check the date and time of publishing to find if the research still applicable or not. Difference in units of measurement - A researcher may mistakenly use the secondary research in his/her own units of measurement without realizing that they were in different units. The researcher should convert the units into the ones that he/she requires. Accuracy - The quality of secondary data depends on who had collected the data and how it was collected. The researcher has to be sure of the accuracy of the data before using it. Therefore the researcher should use renowned sources only to maintain the accuracy of the research. Costly - If secondary data is taken from corporate libraries or archives, the researcher would have to spend hefty sums to gain access to such libraries and archives. Non-paid websites and other sources can be used however authenticity and reliability must also be checked for. UWB is trying to launch a new product and for that purpose it hired a

Food Safety Essay Example | Topics and Well Written Essays - 2250 words

Food Safety - Essay Example Interestingly, it has been proved that lysozyme action against thermophilic bacterial strains (all tabulated strains are noticeably thermophilic and inclusive) is available within a range of C (Hughey and Johnson, 1987). This is especially true for thermophilic spore-formers and it is reported that the enzyme can be used post-thermal sterilisation to enhance shelf longevity (Hughey and Johnson, 1987). It has also been proved that pathogenic bacteria can be inhibited in food by a combination of hydrostatic pressure and heat at lower temperatures than heat alone (Alpas, H., et al, 1999;). It is noted here that many foodborne pathogenic bacteria that are both gram-negative and positive have an enzyme DegP protease (C Hal, J., et al, 2001) that ensures their thermal stability. Targeting this enzyme or the gene that initiates it by either thermal or any other process would much increase death rates in these bacteria easily. It is also necessary to effectively assess the time required to i nitiate or complete phases other than the death phase to do this (McMeekin, T.A., et al, 1997). It is also noted at first that some of the literature is dated but care has been taken to incorporate only information that is still germane and effective today. In this some original research papers that are still quoted today as legitimate sources have been utilised. The paper finds, primarily, that foods that cannot be heated should be stored at such low temperatures that both psychrophilic and thermophilic bacteria cannot regenerate. Foods that can be heated should be heated to such a temperature that at least all possible vegetative cells of possible pathogenic bacteria be killed and should either be eaten immediately or stored at cold temperatures such that spores, if present, cannot regenerate upon longer periods of storage.Introduction A U.S. Department of Agriculture report - the Agricultural Economic Report No. 741, 1996 - reported that microbial pathogens in food cause 6.5-33 million cases of human illnesses and 9,000 deaths in America. The report, though slightly backdated, is utilised here because it is one of a kind and one as comprehensive as it is not available for more recent times. It estimates that over 40 such foodbourne microbial agents - viruses, bacteria, fungi and parasites - are responsible for these illnesses. The medical and productivity costs of both acute short-term and chronic long-term illness conditions are considerable. For just six bacterial pathogens, the costs are $9.3-$12.9 billion annually of which $2.9-$6.7 billion annually is attributed to foodbourne bacteria (Report No. 741, 1996). Though the figures are of 1996 recent literature on the subject concede that the problem remains extensive enough and provides impetus to the purpose of this paper. Nature of Bacteria To better understand how bacterial growth is influenced by the combination of temperature and food composition it is somewhat

Explanations of Underdevelopment Essay Example | Topics and Well Written Essays - 1000 words

Explanations of Underdevelopment - Essay Example Multinational corporations or MNC can broadly be defined as the business corporations that operate across the world and have operation units in different countries. They are not only equipped with huge financial resources but they also have significant abilities to transfer knowledge across the international market. Underdeveloped nations, on the other hand are not financially or otherwise equipped to exploit their own resources. Thus, they become highly attractive business propositions for multinational companies as they can exploit the vast market potential of the region. But that is not the whole truth. MNCs bring their knowledge and use their financial expertise to not only exploit host country’s resources but they also contribute extensively to their socio-economic development. Theory of dependency primarily relies on financial aids to the underdeveloped nations from developed countries or international aid agencies that are frequently misused or used in areas other than infrastructural development. These aids are often in the form of soft loans but they still increase the debt liability of the already poor countries. The money is frequently misused or not used on areas infrastructure development, education, health etc which could benefit the society on long term. The inability of the government to appropriately utilize financial resources results in vicious debt trap. Isbister emphatically claims that they are ‘waylaid by the debt crisis’ (2003: 180). ... The money is frequently misused or not used on areas infrastructure development, education, health etc which could benefit the society on long term. The inability of the government to appropriately utilize financial resources results in vicious debt trap. Isbister emphatically claims that they are ‘waylaid by the debt crisis’ (2003: 180). Third world countries like Ghana, Botswana etc are prime examples where vast disparity of income is highly visible. Despite massive international aid, the common man is still reeling under abject poverty. Another important fact is that financial aids are often subject to conditions which are either not practical for poor nations or they fail to instill necessary discipline amongst the policy makers for its effective utilization so that it can filter down to the common man. At the same time, it also provides huge power to the donor which is often exploited by them for their own benefits vis-a-vis low wages to local persons, exploitation of natural resources at low cost etc. MNCs in such scenario may justifiably become the scapegoat for vested interests. Another important aspect of dependency theory is that third world countries get used to the foreign aid because most of them are characterized by unstable socio-political environment. This helps the vested interests in the higher hierarchy of politics and bureaucracy to divert fund for their own interests. Thus, socio-economic growth of the underdeveloped nations remains a dream. Modernization theory, on the other hand, focuses on capitalist principles of market and exhorts underdeveloped economies for more liberal market based policies to facilitate foreign investment. It also makes underdeveloped countries more attractive for MNCs who can

Hotel & lodging management current event Essay Example | Topics and Well Written Essays - 750 words - 1

Hotel & lodging management current event - Essay Example The balance between technologies, communication, and human touch helps hotels and lodgings to be more competitive. Technology is also used to convert natural resources into simple tools. It has an influence on the use of leisure facility like the class, impurities in the environment and natural resource depletion. The hotel industry and leisure providers are expected to keep up the pace in technology in order for them to make profits and improve customer services. There are many technologies that the hotel industry should keep up with in order to improve service delivery. Technology can also be used in support for guests with disabilities. Regulations are being released and revised to provide support to guests with disabilities. These regulations require hotels and companies to review most aspects of their operations, from distribution to construction to ensure compliance. Hotel management works their best strategies in the quest to provide related and better sources of information and service to guests with disabilities due to increase that is felt as it goes to the distribution which affects the hotel information and transactions. Cloud computing is another system that can be employed by the hotel management to ensure appropriate and efficient data storage, and it is also very secure as compared to other storage methods. It involves the use of online storage systems whereby the hotel management and storage information on a reserved space online using the computer. It is considered as one of the reliable ways to storing records. Mobility is the new face of computing as devices such as tablets and smartphones revolutionize the way we interact with technology. In hotels, tables, mobile phones, smartphones, and laptops have become critical tools on both sides of the check in desk. Therefore, some hotels access its management system on Apple iPad to eliminate manual registration desk

Single Unemployed Mothers (Demographic Paper) Essay Example for Free

Single Unemployed Mothers (Demographic Paper) Essay A mother is a tough job at hand, but thinks for a second about a mother who is unemployed as well as a mother with an absent parent; the issue is many within one. The state of Michigan is experiencing an all-time high increase of unemployed people, suffering in poverty. The question at hand is how the demographic issue is affecting the society, relatively the health care market. Identify target population The demographics of the topic; single unemployed mothers within our nation as of 2008 were 84. 5 million and 9.9million were single moms with no help from the absent parent, according to the 2008 Census Bureau. However a single unemployed mother in Michigan has been, and is currently a huge growing issue. According to the Bureau of Labor Statistics the highest unemployed mothers are the minority, African Americans women, and Hispanic women. The report stated which single unemployed African American mothers increase within June till July from 11.8 percent to 12.9 percent; whereas the statistics for single unemployed Hispanics were 11 percent to 12.1 percent. The following statistics is based within the demographic population of the state of Michigan. However when you break the statistics down to a city, the numbers seems closer to reality. In saying you’re able to comprehend the issue at hand a bit more Maternal and Infant Well-Being Michigan. (2011, July 8). Gathered Information about the Population Statistics on single unemployed mothers within in the city of Grand Rapids Michigan reports, from the Institute for Research on Poverty states that the increase of poverty is rising extremely high in Grand Rapids. The League of Human Services states that 40% of births in Grand Rapids are to unwed mothers researched in 2010. However the percentage has increased from 2010 to 2012 by 20 percent. This goes into explaining the demographics further, in which reports out of every 3 births, 2 of which are to an unwed moms aging in her early 20’s Mothers by the Numbers. (2012, September 17). Demographics effects the HealthCare market According to the Kids Count of Michigan, unmarried woman are more likely to give birth into poverty, born in poverty may lead to health problems as well as educational problems. Living within poverty affects the person enduring the process as well as others. Being poor and less unfortunate affects the healthcare economy, by increasing the dollar amount for healthcare coverage. Not only does it increase the dollar amount for covering services/ treatments for those that are not able to afford, but it also puts a demand on the services, the physicians, and providers. The increase of Medicaid is looking as if we may enter a debt that no one is ready for. The demand for healthcare is vital, the government is doing the best to their ability, and however it is making younger people with a job work harder. As a result of them working harder, the taxes they pay into is going to those that are less fortunate. In my opinion to this topic, I’m fearful that the government is paying close a ttention to our debt and healthcare needs, and am totally excluding the attention our education needs. Overall the general effect of single unemployed mothers have on the healthcare market is that, because of the current demographics of the population the healthcare market has to work harder to stay out of debt. Changes in the population may help the healthcare market In 2009 Obama stated that he wanted to set up a plan to target the Department of Education to increase the financial aid packages for unemployed people so that they can get ahead, while still unemployed. The plan was to increase the pell-grant, so that the people that qualify can have extra funds to care for other things such as medical and housing expenses. The pell-grant was to increase from $500 to $5,350 as of May 2009. It three years later and Obama kept his word, however it has not drastically made a difference in Michigan. Michigan has made changes far as programs reaching out to help single unemployed mothers, such as Michigan Works/educational programs, food assistance programs, housing assistance, and also funding to cover child care expenses. Michigan Works is an education program that provides educational job trainings, skill building, it is an overall resource center. The food assistant program provided by the Human Services grant, is a program in which provides an additional funds to those that qualify for more food funding for their child within the school year, as well as the summer. Housing assistant is a program that provides housing expense vouchers, to cover the funding of rent to those that qualify. However this particular program is tedious, the waiting list to receive such a voucher is extremely high, the wait on some list are years behind. So in saying the changes that have been made are not helping the healthcare market by much. Identify HealthCare Related Changes Some changes that have been identified within Grand Rapids due to the issue of single unemployed mothers are longer lines in the emergency rooms, the increase amount of citizens on Medicaid, the increase amount of discrimination from providers because of Medicaid, and lastly the cost of them both. The increase of emergency room visits is due to the fact that so many people lack healthcare coverage, in a result of the E.R visit is due to having no family physician. The second healthcare related change that has been identified is, the increasing amount of citizens applying for Medicaid. The demand of Medicaid is so high, that the government is screening everyone to figure out who needs the assistant the most. Can you imagine someone getting declined for coverage, due to the fact that the government may assume that he or she can afford to pay other healthcare insurance rather than governmental assistance? What if this person is overlooked and their assistance went to an illegal immigrant, but in actuality they really needed the help, but were overlooked! Providers are now discriminating against those that have Medicaid. Providers are screening the intake of those that have governmental funding due to the fact that the expenses the government is willing to pay, is far from the rate they charge. So in saying when they accept a patient who has Medicaid they are losing money Michigan State Medical Society Legislative Meeting (2013, February 13). A Chronic Disease Wellness Program Conducting a chronic disease wellness program may affect the demographic cost, in a positive way. Most wellness programs are free of charge, so it would not hurt for a single unemployed mom to attend a program of such. The program of educating mothers of such a thing may bring the healthcare cost down. Practicing good eating and exercising habits may bring the emergency visits down, in which will bring the demand of services down. Not only is this programming an incentive for the economy, but it is also a networking incentive for employment. When people gather together you may not know who is among you that can help the next person. Marketing Needs Dealing with such a demographic as this, marketing to this type of population tells us that it would have to be creative. Marketing by telephone or the internet may be tricking, due to the fact that the population is a single unemployed parent. Having a telephone and or the internet is not at the top of the priority list, so in saying many may not posse these things. So advertising and marketing should be by mail, on the news, and visual billboards. Addressing Challenges to the population The society could continue to express the issues about single unemployed mothers. Not only to continue to get the word out about the struggle their enduring but stressing the fact that employment is needed in this area of Grand Rapids Michigan. In conclusion, it is noble to help those in need. Being a mother is a tough job at hand, but think for a second about a mother that is unemployed as well as a mother with an absent parent; the issue is many within one. The state of Michigan is experiencing an all-time high increase of unemployed people, suffering in poverty. The question at hand is how the demographic issue is affecting the society, relatively the healthcare market. The moral of the reading is how can you play a part or how can u be a servant of God and help those who are less fortunate than you? Reference Page Unemployment hits single mothers, minority women hardest. (2010, August 24). Retrieved from MLIVE Grand Rapids Press website: http://www.mlive.com/news/grandrapids/index.ssf/2010/08/unemployment_hits_single_mothe.html Michigan State Medical Society Legislative Meeting. (2013, February 13). Retrieved from Kent County Medical Society Allience website: http://www.kcmsalliance.org/legislative.html Mothers by the Numbers. (2012, September 17). Retrieved from Info Please website: http://www.infoplease.com/spot/momcensus1.html Maternal and Infant Well-Being Michigan. (2011, July 8). Retrieved from Institute of Research Poverty website: http://www.irp.wisc.edu/dispatch/2011/07/08/maternal-and-infant-well-being-michigan

Environmental factors affecting McDonalds management functions

Environmental factors affecting McDonalds management functions Executive Summary This analytical study aims to investigate and analyse the various environmental factors that can affect the working of McDonald’s Corporation and provide strategic recommendations for the enhancement of its organisational effectiveness, profitability and competitive advantage. The operations of the firm, especially the globalised nature of its working and its extensive geographical reach, make it subject to various environmental influences. The writer has accordingly shortlisted 12 important environmental factors, namely Customers, Products and Services, Competitors, Employees, Technology, Political Factors, Economy, Environmental Factors, Culture and Religion, Globalisation, Legal Issues and Shareholders and analysed them in detail. The writer has thereafter made use of the TOWS framework to provide several strategic recommendations for the enhancement of the firm’s productivity, profitability and competitive advantage. The main recommendations pertain to the utilisation of organisational resources for expansion of the nutritional value of the firm’s products, the creation products for elder age groups and the expansion of the customer base of the organisation. It is recommended that the organisational management of the firm should specifically focus upon removing prevailing perceptions about the nutritious value of the firm’s products and thus remove important customer associated apprehensions to future growth. Table of Contents S. No Contents Page Executive Summary 2 1. Introduction 4 2. Product Line 4 3. Environmental Analysis 6 3.1. Customers 7 3.2. Products and Services 7 3.3. Competitors 7 3.4. Employees 8 3.5. Technology 8 3.6. Political Factors 9 3.7. Economy 9 3.8. Environmental Factors 10 3.9. Culture and Religion 10 3.10. Globalisation 10 3.11. Legal Issues 11 3.12. Shareholders 11 4. Strategic Analysis and Recommendations 11 4.1. SO Strategies 12 4.2. WO Strategies 12 4.3. ST Strategies 12 4.4. WT Strategies 13 5. Conclusions 13 References 14 1. Introduction This analytical study aims to investigate and analyse the diverse environmental factors that impact the management and marketing functions of McDonald’s Corporation and thereafter provide strategic recommendations for the future. McDonald’s Corporation, founded in 1940 as a barbeque restaurant, has grown over the years to become the largest global chain of fast food restaurants (McDonald’s Corporation, 2014, n.p. The organisation has operations in 119 countries, approximately 440,000 employees and more than 36,000 retail outlets (McDonald’s Corporation, 2014, n.p.). McDonald’s is one of the world’s most successful business corporations and its operations have been studied in detail by various researchers (McDonald’s Corporation, 2014, .p.: Kennedy, 2014). The organisation has become a symbol for American business enterprise and corporate globalisation (McDonald’s Corporation, 2014, n.p.: Kennedy, 2014, n.p.). The comparative price of a McDonald’s burger has been used to compare the purchasing power of different countries (McDonald’s Corporation, 2014, n.p.). The firm owns approximately 15% of its outlets and operates them directly, the balance being operated by others through diverse franchising and joint venture organisations (McDonald’s Corporation, 2014, n.p.). The corporation operates in extremely challenging environmental conditions, characterised by intense competition from several large global food retailing firms and differing environmental conditions in its various markets (McGrath, 2013, n.p.). The firm has faced criticism from various groups of activists for its products and HR strategies (McGrath, 2013, n.p.). The next section of this structured analytical study provides details about the organisation’s products; this is followed by sections on environmental analysis and strategic analysis and recommendations. The study ends with a summative conclusion. 2. Product Line McDonald’s is known to be a hamburger fast food restaurant, which also sells soft drinks and a variety of sides (McDonald’s Corporation, 2014, n.p.). The organisation has however over the years developed a wide range of food products that can be categorised into six segments: Burgers and Sandwiches Drinks Snacks and Sides Desserts and Shakes Salads Breakfast (McDonald’s Corporation, 2014, n.p.) The following table provides the details of its products and product mix for the US market. Table 1: Details of McDonald’s Products and Product Mix Product Segments Details Product Segments Details Burgers and Sandwiches Angus Snacks and Sides Wraps Big Mac Apple Slices Quarter Pounder Fruit Hamburger Fries Cheeseburger Desserts and Shakes Ice Cream Crispy Chicken Sundaes Grilled Chicken Mcflurry Fish Shakes Mcribs Cookies Drinks and Beverages Milk Pies Water Salads Side Salad Juice Premium Salad Coffee Breakfast McMuffins Ice Tea McGriddles Coke Products Biscuits Cinnamon Melts Bagels Burritos (McDonald’s Corporation, 2014, n.p.) McDonald’s has also recently introduced Its McCafe range of coffees, chocolate drinks and smoothies (McDonald’s Corporation, 2014, n.p.). The firm also provides meal bundles like favourites under 400 (calories) Dollar menus, Extra Value Meals, Happy Meals and Mighty Kids Meals (McDonald’s Corporation, 2014, n.p.). The corporation is attempting to broad-base its food products to cater to diverse types of customer food needs (McGrath, 2013, n.p.). 3. Environmental Analysis McDonald’s has to operate in an extremely complex environment on account of the internationalisation of its operations and the intense competition it faces from diverse firms in the fast food business. The business environment of an organisation has several internal and external environmental factors that can influence and impact its working and shape its organisational strategies and policies. McDonald’s environment contains various elements, the more important of which are depicted in the following chart. Each of these factors is taken up for detailed analysis below. 3.1. Customers McDonald’s has retail operations in 119 countries and serves the needs of millions of customers (McDonald’s Corporation, 2014). Whilst researchers have tried to segment McDonald’s customer base in various ways, the organisation primarily caters to the needs of children, young people, parents, and business customers (McDonald’s Corporation, 2008). Each of these customer segments has specific needs and the organisation has to fulfil them as much as possible (McDonald’s Corporation, 2008, p 2). Children, for example love to visit McDonald’s because it is a fun place and McDonald’s responds to their needs with various toys, special facilities for birthday parties and other fun things for children (McDonald’s Corporation, 2008, p 3). It aims to provide nutritious meals for parents with children and has affordable menus for teenagers (McDonald’s Corporation, 2008, p 4). Business customers are provided with quick and affordable meals that fit in with their working schedules (McDonald’s Corporation, 2008, p 3). The organisation is constantly focusing upon the enhancement of customer satisfaction (McDonald’s Corporation, 2014 n.p.). 3.2. Products and Services McDonald’s provides a range of food products to its customers in clean, well designed and attractively laid out retailing environments (Frenchman, 2014 n.p.). The organisation aims to provide customers with a range of tasty and nutritious food, delivered swiftly and at affordable prices (McDonald’s, 2008, p 4). The organisation’s products and services constitute its strongest attraction for customers and the organisation very obviously has to ensure that they meet customer needs and continue to delight them (Frenchman, 2014 n.p.). 3.3. Competitors McDonald’s has several competitors, each of which is constantly seeking a greater share of the market (Raphel, 2014 n.p.). It is important to recognise that the organisation faces competition from various large organisations, like for example Burger King, Wendy’s, KFC and Subway and also numerous small fish and chip and fried chicken establishments (Raphel, 2014 n.p.). It also faces competition from strong firms like Starbucks, Taco Bell, Dunkin Donuts, Pizza Hut and Domino’s Pizza (Raphel, 2014 n.p.). Each of these competitors is constantly working on its quality of food and service, as well as on diverse other options and strategies to attract customers (Jargon, 2014b, n.p.). It is important to appreciate that competition for McDonald’s has increased significantly in the past two decades, which in turn has resulted in the slowing of the organisation’s growth and some reduction in its market share (Jargon, 2014b, n.p.). The nature and intensity of the competition faced by the organisation very clearly shapes its organisational strategies. 3.4. Employees McDonald’s is overly reliant upon its employees for both the preparation of its food and for the quality of its customer service (Lovewell-Tuck, 2013 n.p.). Restaurant workers form the largest group in the company’s employment structure (Lovewell-Tuck, 2013 n.p.). Each McDonald’s restaurant has average workforce strength of 50 employees; many of these employees join at the entry level and as part-time workers (McDonald’s, 2008, p 3). McDonald’s has been subjected to substantial criticism in the past for its low wages, as well as for the high turnover of its restaurant employees, who comprise teenagers, transitional workers, students and working mothers (Lovewell-Tuck, 2013 n.p.). The effective deployment and marshalling of its employees constitutes one of its most important organisational objectives (Lovewell-Tuck, 2013 n.p.). The organisation provides vocational training to all of its employees as well as the opportunity for securing promotions to higher positions, including executive positions in the organisational hierarchy (Lovewell-Tuck, 2013 n.p.). McDonald’s has constantly worked upon its HR management strategies and attempts to motivate its staff with diverse rewards and incentives (McDonald’s, 2008, p 3). All employees in the top 10% of McDonald’s restaurants receive bonuses on the basis of mystery shopper scores. The organisation also rewards its outstanding employees with awards and trophies at Gala functions. Neal Blackshire, a senior official at McDonald’s, states that the organisation recognises employee behaviours, ensures that recognition and reward are right for the workforce and understands what employees wish and value (Lovewell-Tuck, 2013 n.p.). 3.5. Technology Technological advancements are affecting every aspect of the social and business environment and McDonald’s takes care to ensure appropriate use of technology for achievement of organisational objectives and competitive advantage (Baldwin, 2013 n.p.). It works on technology constantly to enhance the optimisation of its operations (Baldwin, 2013 n.p.). The preparation of a big Mac,for example,now takes 60 seconds and is processed in three stages, including packaging (Baldwin, 2013 n.p.). The organisation is making use of several types of technology for storage of food, regulation of temperature, preparation of food, control of supply chain and financial management and reporting (IncisiveMedia, 2004, n.p). McDonald’s is linking different responsibility centres through appropriate communication systems in order to enhance optimisation of efficiency and productivity (IncisiveMedia, 2004, n.p ). 3.6. Political Factors McDonald’s operates in several countries, many of which have different political systems (Han, 2008, p 73). It thus has to cater to various types of political pressures in order to ensure the meeting of its objectives (Han, 2008, p 73). Various governments are currently attempting to increase their control over the fast food sector on account of health associated issues; some of them are restricting the issuances of licences to franchisees (Han, 2008, p 74). Local political pressure has also been applied on the firm from time to time for its perceived role in the dilution of local culture (Han, 2008, p 75). The corporation thus has to constantly anticipate the political environments of the different locations in which it works and take appropriate proactive or reactive action. 3.7. Economy The general economic environment plays an important role in shaping the organisation’s business strategies and policies (Thompson, 2002, p 36). The economic climate can affect discretionary incomes, customer footsteps, market brand, availability of labour and the prices and availability of materials (Gasparo, 2012, n.p; Gould, 2012, p 608). The organisational management of McDonald’s, both local and central has to thus constantly work towards anticipating and overcoming diverse types of economic challenges (Gasparo, 2012, n.p; Gould, 2012, p 608). It is important to however appreciate that the demand for affordable food products is by and large inelastic and stays high, regardless of the health of the economy (Gasparo, 2012, n.p; Gould, 2012, p 608). McDonald’s makes use of this benefit by ensuring that people can come to its outlets when they wish and purchase affordable meals for themselves and their families (Gasparo, 2012, n.p). The organisation has shown remarkable resilience during the recent recession and has protected its profit margin by balancing its low priced menus with premium products (Gasparo, 2012, n.p; Gould, 2012, p 608). 3.8. Environmental Factors McDonald’s, as the largest food retailing chain in the world, has to deal with several types of environmental factors (McDonald’s Corporation, 2014, n.p; McDonald’s Corporation, 2010, n.p.). The firm makes significant use of beef, packaging materials, napkins, carry bags, oil, water and power. Its operations also result in generation of substantial amounts of solid waste (McDonald’s Corporation, 2014, n.p; McDonald’s Corporation, 2010, n.p.). The firm has over the years worked towards the enhancement of operational sustainability and improving the ecological soundness of its operations (McDonald’s Corporation, 2014, n.p). It has tied up with the Environmental Defence Fund (EDF) to ease the company’s environmental burden (McDonald’s Corporation, 2014,n.p; McDonald’s Corporation, 2010, n.p.). It has introduced policies for enhancing the recycled content of its packaging material and for reducing the use of polystyrene (McDonald’s Corporation, 2014,n.p). It has developed a rain forest policy and adopted beef purchasing practices that do not lead to deforestation (McDonald’s Corporation, 2014,n.p;). 3.9. Culture and Religion McDonald’s has to necessarily work in diverse countries with different cultural and religious environments. It has taken the lead in offering customers taste and appearance variations in accordance with the demands of local cultures and religious customs (Cheek, 2014,n.p). It followed up its entry into India, where Hindus do not eat beef and Muslims do not eat pork, by introducing vegetable McNuggets and a Maharaja Mac with lamb meat (Cheek, 2014,n.p.). It has furthermore obtained certification for Halaal food for Islamic countries like Pakistan, Malaysia and Morocco and has advertised it on its menus (Cheek, 2014,n.p.). The firm’s menu in Morocco offers dates, milk and cookies during the holy month of Ramadan (Cheek, 2014,n.p.). The organisation has taken care to ensure the standardised structure of its menu, even though it has provided for several local variations (McDonald’s Corporation, 2014,n.p.). 3.10. Globalisation Economic and cultural globalisation essentially involves the economic and cultural intermingling of different cultures (Salisbury, 2014,n.p.). McDonald’s, as an eminent food retailing organisation, is a leader of globalisation and has spread the American food culture across the world (Salisbury, 2014,n.p.). It has, whilst doing so, had to take account of various social, cultural and global issues and respond to them with sensitivity, cultural sensibility, economic foresight and wisdom (Salisbury, 2014, n.p). The adoption of such carefully thought out approaches have helped it to overcome strong resistance in various areas of the world and establish successful operations (Salisbury, 2014, n.p). 3.11. Legal Issues McDonald’s has over the years been challenged by various legal issues in different countries. Its success has led many businesses to copy its name and logo and the firm has responded by taking legal action in several trademark associated cases (Petersen, 2014, n.p). The organisation has also been involved in several litigations involving its employees and worker rights (ABC News, 2007, n.p). Some of these cases have gone against the organisation, leading to penalties and fines (ABC News, 2007, n.p). One customer was awarded several million dollars after suffering from third degree burns because of spilling a hot cup of McDonald’s coffee on herself (Petersen, 2014, n.p). The corporation very clearly has to pay great attention to the legal aspects of its operations (Petersen, 2014, n.p). 3.12. Shareholders Shareholders comprise one of the most important stakeholders of the firm. McDonald’s has rewarded its shareholders well over the years in terms of market appreciation and dividends (Jargon, 2014a, n.p). The firm plans to increase its payout to shareholders by 10 to 20% over the next three years, even when it is under pressure to enhance sales performance (Jargon, 2014a, n.p). 4. Strategic Analysis and Recommendations This section entails the conduct of a strategic analysis and the provisioning of appropriate recommendations. A TOWS analysis involves the analysis of organisational strengths, weaknesses, opportunities and threats and the subsequent utilisation of strengths and minimisation of weaknesses for the exploitation of opportunities and countering of threats. 4.1. SO Strategies SO strategies entail the utilisation of strengths for exploitation of opportunities (Henry, 2008, p 42). McDonald’s is a global brand with a strong global presence (Lesser et al., 442). It has economies of scale, a strong real estate portfolio, branded menu items and one of the world’s most recognised logos (Research and Markets, 2013, n.p.). It also paradoxically has high employee turnover, a customer base that mainly comprises children and young people and is yet to develop a reputation for healthy and nutritious food (Research and Markets, 2013, n.p.). The firm should thus very clearly use its resources for expanding its customer base and for enhancing the nutritious value of its products (Lesser et al., 442). It should focus on developing a range of food products that are targeted at elderly people who are likely to have health conditions associated with blood pressure, blood sugar and the heart (Lesser et al., 443). The development of products for this customer segment will help McDonald’s in opening up a completely new customer segment and in the development of truly healthy products (Lesser et al., 443). 4.2. WO Strategies McDonald’s has numerous opportunities for enhancing its organisational effectiveness, success and competitive advantage (Research and Markets, 2013, n.p.). The growing population of the world, along with changing lifestyles and improving economies provides the organisation with significant opportunities for greater growth (Jurevicius, 2013, n.p.). It can reduce the weaknesses in areas of nutrition to target customers across its different segments (Jurevicius, 2013, n.p.). McDonald’s does have some salads on its menu, which offer health eating options to customers. The organisation however continues to be perceived as a purveyor of high calorie products that can lead to obesity and other health problems (Lesser et al., 445). It can take several more steps, like the introduction of hummus and tahini paste, feta cheese, and olive oil in its product range (Research and Markets, 2013, n.p.). Such efforts will certainly help the organisation in attracting more customers and enhancing sales. 4.3. ST Strategies ST strategies involve the utilisation of strengths for the reduction of threats (Williamson et al., 2003, p 109). McDonald’s currently faces threats on account of the continuance of economic difficulties, foreign currency fluctuations, intensifying competition, nutrition associated issues of its products and perceptions about the unhealthy attributes of its food(Lesser et al., 445). The firm can use its organisational strengths to enhance its supply chain management and improve its operating margins (Jurevicius, 2013, n.p.). It can engage in significant and focused advertising and outreach campaigns to focus upon its commitment to various customer segments (Jurevicius, 2013, n.p.). 4.4. WT Strategies WT strategies involve the reduction of weaknesses for the avoidance of threats (Thompson, 2002, p 32). The firm can engage in specific advertising to reiterate its commitment to health, fitness and sports (Lesser et al., 445). The sponsorship of sports programmes across schools, college and universities can assist the firm in enhancing th