Saturday, January 25, 2020

JB Hi-FI Corporate Social Responsibility (CSR) Report

JB Hi-FI Corporate Social Responsibility (CSR) Report Ming Chak Ip Report: Part A For JB Hi-FI there are 4 types of corporate social responsibility to report. The environmental section must be included and it provides information on actions the company is taking to meet carbon footprint requirements. Second are Philanthropic responsibilities stating how the company supports charities through funding. Third is ethical involves workplace safety or the employee health and mainly involves the welfare of employees at the workplace. Lastly are the ethical responsibilities. They are responsibilities of the company to do what is right and without any obligation. Part B On the CSR initiatives employed by JB HI-FI is the Helping Hands program. It is a philanthropic initiative whereby directors, executives and employees offer donations towards the financial gain of community partners and has already raised $10 million for their charity partners (page 15). JB HI-FI also has donation boxes in their stores where customers donate at the point of sale. JB Hi-FI is also a member of Employer Leadership Group (ELG) that creates awareness of workplace giving to support the charitable sector (page 15). JB HI-FI has also disclosed its environmental sustainability statement. Some initiatives include the carbon disclosure project that monitors and reports annual energy consumption/emissions. There is also the Smarter Choice Program for advice on energy efficiency of commodities. JB HI-FI is a signatory to the Australian Energy Packaging Covenant hence commits to reduced effects of packaging on the environment. Others include the mobile phone recycling and re-uses that helps lower entry of mobile phones into landfill, the Cartridge 4 Planet Ark for re-cycling used printer cartridges and recycling of paper, cardboards and old appliances (page 14). Third in CSR are ethical responsibilities. JB HI-FI code of conduct specifies respect accorded to employees, there rights and freedoms, professional ethics and adherence to laws and regulations (page, 10). In the ethics statement, they state responsibility to respect suppliers, employees and customer and protect their personal sensitive information. The firm is committed to a safe working environment to its employees and there is also a diversity statement whereby JB HI-FI fully values diversity of skills, gender, experience and background of its employees (page 9). Part C Various theories support CSR. There are instrumental theories. JB HI-FI tries to maximize shareholder value and thats the reason the company uses the Helping Hands program where employees try to meet social demands. It also involves strategies for competitive advantages. For example, recycling is cost saving to the firm in addition to protecting the environment hence creates competitive advantages. Instrumental theories also involve cause-related marketing. For instance, JB Hi-FI has partnered with charitable firms where it makes donations and in turn builds its brand. The second CRS theories are political theories. JB HI-FI has made major interactions with the society hence had gained corporate citizenship through partnerships. The social contact with environmental bodies and charitable firms mandates the firm to give back to the community as demonstrated by its philanthropic initiatives. Last theory is Integrative theories. The community has social demands that offer the firm some legitimacy (Garriga, Melà ©, 2004). Since greenhouse gas emissions are a social demand, JB HI-FI has to meet such social demands to attain greater social acceptance. It validates the environmental sustainability initiatives implemented by the company. References List www.jbhifi.com.au. (2016). Annual Report JB Hi-Fi. [online] Available at: https://www.jbhifi.com.au/Documents/2016%20JB%20Hi-Fi%20Annual%20Report_ASX.pdf [Accessed 23 Mar. 2017]. Garriga, E., Melà ©, D. (2004). Corporate social responsibility theories: Mapping the territory. Journal of business ethics, 53(1), 51-71.

Friday, January 17, 2020

Photosynthesis – Limiting Factors

[pic] Photosynthesis Outline Terms and Vocabulary Autotroph Photosynthesis Photon Pigment Chloroplast Reaction Center Electron Donor Molecule Electron Transport System Ferredoxin NADPH RuBP PGA Cuticle Stomata Rubisco Photorespiration C4 Pathway Concepts 1. What are two Adaptations of plant leaves for capturing light? 2. Describe the properties of Light Energy in terms of energy and wavelength. 3. Why are Pigments important for Photosynthesis? 4. What two types of reactions take place during photosynthesis? 5. Summarize the results of Light dependent Reactions. . Summarize the results of Light-Independent Reactions. 7. Where are the pigments for the light-dependent reactions located in the leaf? 8. What is the function of a photosystem? 9. What is the function of water in the light-dependent reactions? 10. Describe the similarities and differences of Photosystems I & II 11. What are the limiting factors to photosynthesis? 12. Describe adaptations that allow the leaf to retain water. 13. Explain how photorespiration reduces production of glucose. Look at the graphs below. A |[pic] |B |[pic] | |C |[pic] |D |[pic] | 1. Which graph best shows the effect of increasing light intensity on the rate of photosynthesis? 2. 3. Which graph best shows the effect of increasing carbon dioxide concentration on the rate of photosynthesis? 4. Which graph best shows the effect of increasing temperature if light and carbon dioxide are not limiting (i. e. he levels of light and carbon dioxide are high). If you plot the rate of photosynthesis against the levels of these three limiting factors you get graphs like the ones below. [pic] Limiting Factor In biology, agricultural science, physiology, and ecology, a limiting factor is one that controls a process, such as organism growth or species population size or distribution. The concept is based upon Liebig's Law of the Minimum put forth by German geochemist, Justus von Liebig, in 1840. It can be easy to conceive how a limiting resou rce (say, food) controls a process (say, growth) by running low or running out.However, some biological and ecological processes are controlled by too much of a factor (such as heat) rather than too little. Or, processes may be controlled by complex interactions of factors (Shelford, 1952). At any given moment, the rate of a physiological process is limited by the one factor which is in the shortest supply. (Toole pg 273) – The factor which is nearest its minimum value determines the rate of the reaction. – Changing the levels of this factor will change the rate of the reaction. Changing the levels of the other factors will have no effect on the rate of the reaction. Example [pic] [pic] 1. Up to A1, A2 and A3 the concentrations of CO2 is the limiting factor for the respective light intensities. 2. Low Light Intensity: beyond A1 light intensity is the limiting factor because increasing the light intensity (medium value) increases the rate of photosynthesis. 3. Medium Li ght Intensity: beyond A2 light intensity is the limiting factor because increasing the light intensity (high value) increases the rate of photosynthesis. . High Light Intensity: beyond A3 the limiting factor could be light intensity, chlorophyll content, temperature or the enzyme system. It cannot be CO2 concentration because increase in CO2 concentration does not lead to an increase in photosynthesis. [pic] 1. Up to A1, A2 and A3 the light intensity is the limiting factor for the respective CO2 concentrations. 2. Low CO2 concentration: beyond A1 CO2 concentration is the limiting factor because increasing the CO2 concentration (medium value) increases the rate of photosynthesis. . Medium CO2 concentration: beyond A2 CO2 concentration is the limiting factor because increasing the CO2 concentration (high value) increases the rate of photosynthesis. 4. High CO2 concentration: beyond A3 the limiting factor could be CO2 concentration, chlorophyll content, temperature or the enzyme system . It cannot be light intensity because increase in light intensity does not increase photosynthesis. [pic] In commercial greenhouses horticulturists try to maximise productivity by maximising the rate of photosynthesis.How do they achieve this? – Clear glass maximizes light intensity – Extra lighting in winter – Glass traps heat energy from solar radiation – Heaters raise night time temperature – Gas and oil heaters put extra carbon dioxide into the air. [pic] Photosynthesis and productivity †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   carbon gain by the plant (biomass) is dependent on the balance between carbon uptake by photosynthesis and carbon loss by respiration †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   factors influencing productivity include – light, – CO2, – temperature, – environmental factors: light:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   at low fluence levels, there is a net loss of CO2 †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   light compensation point is where CO2 uptake and exchange equal zero (equivalent to an office or room) †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   as fluence rate increases above compensation point, so does photosynthesis (C3 plants) until light saturation is reached (1/4 to ? full sun) †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   light saturation occurs because CO2 is limiting †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   C4 plants don’t achieve light saturation as rapidly as C3 plants CO2: †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   CO2 content in atmosphere is about 0. 035% by volume (well below CO2 saturation point in plants) †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   at higher fluence rates when CO2 is not imiting, photosynthesis increases †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   some commercial growers practice CO2-enrichment to increase yield and biomass   temperature: †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   temperature response is influenced by temperature dependence of enzymes and chemical reactions †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   cardinal points are used to describe te mperature minimum maximum, and optimum of a reaction †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   many reaction rates tend to decline sharply following optimum due to enzyme denaturation †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   for photosynthesis, temperature response curves represent the average of many different enzymes, but are dominated by rubisco (C3 plants) and PEPcase (C4 plants) water:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   water stress causes a decline in photosynthesis †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   water stress triggers stomatal closure and subsequent decrease in CO2 levels †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   turgor pressure reduces leaf expansion decreasing photosynthetic surface area †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   even mild water stress causes decrease in net photosynthesis nutrients, pathology, and pollutants: †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   photosynthetic capacity is especially sensitive to nitrogen †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   rubisco accounts for ;50% of total leaf nitrogen †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   pathogen stress reduces photosynthetic capacity †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   environmental pollutants (sulpher dioxide, ozone, heavy metals) also reduce capacity eaf factors: Question:   Which has a higher photosynthetic rate – a pine tree needle or a maple tree leaf? Why might needles be favored over leaves on pine trees? †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   productivity of plants is impacted by leaf canopy †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   canopy is determined by age, morphology, angle and spacing of individual leaves †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   in older plants, lower leaves may be shaded and fall below light compensation point (negative carbon gain) and are a burden to the plant †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   many annuals undergo sequential senescence to avoid the burden †¢Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   some leaves change with the angle of the sun [pic] pic] [pic] ———————– A plant in the dark does not photosyn thesize. [pic] Increasing the amount of light increases the amount of photosynthesis. [pic] Even if a plant in the dark is well watered and given increasing amounts of carbon dioxide it will not photosynthesize. Only a change in light intensity will alter the rate. Light is the limiting factor.

Thursday, January 9, 2020

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.

Wednesday, January 1, 2020

Fahrenheit 451 By Ray Bradbury - 985 Words

â€Å"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.† These are the wise words of the famous George Washington. Washington fought against the British in the American Revolution in order to secure these rights for the American population and the next generations of Americans to come after him. He knew that as time progressed, people would eventually forget what these liberties meant to America. Ray Bradbury also knew this and wrote Fahrenheit 451 in order to warn people about it. He placed it in his book with ideas of propaganda such as parlor TVs, new stations run by the government, and most importantly the destruction of all books published all around the world. And they enforce these laws through the firemen who burn books, the newscasters whose spread untruthful news in order to keep society ignorant about what they have been doing, and lastly the Mechanical Hound which eliminates any threats to the government. There are many in the society, such as Guy Montag, who want to be rid of the fireman, the parlor TVs, and the Mechanical Hound in order for society to enjoy literary works without the fear of being persecuted or killed. Faber, Montag s mentor, feels that even if society has the opportunity to read books they will never truly enjoy it due to three reasons- people don t have decent quality material to read, they don t have the leisure to digest the information, they also don t have the ability to carry outShow MoreRelatedFahrenheit 451 by Ray Bradbury719 Words   |  3 PagesThe flash point of paper, or the temperature at which paper will burst in flames, is 451 degrees Fahrenheit. In Fahrenheit 451, written by Ray Bradbury, the main character, Guy Montag, is a â€Å"fireman† in a futuristic society where he and his coworkers start fires, rather than put them out. Books are banned and burned, along with the owner of the book’s house and sometimes even the owner of the book, u pon discovery. Technology has taken over in a sense that social interaction between the average personRead MoreFahrenheit 451 By Ray Bradbury1952 Words   |  8 Pagesis clearly displayed in the plight of Ray Bradbury’s novel about a dystopian American society, Fahrenheit 451, which contains many ideas and bits of content that some people believed should be censored. In fact, one of the reasons that this novel was censored for displaying the dangers of censorship, which is both extremely ironic, and telling as to where this society is going. Thanks to several distributors and oversensitive parents and teachers, Fahrenheit 451 has been banned in many schools overRead MoreFahrenheit 451 By Ray Bradbury954 Words   |  4 Pages In Fahrenheit 451 by Ray Bradbury, the author uses allegory (often misinterpreted by readers) to show the dangers of mass media consumption and the decline of reading traditional media. Many readers draw incorrect conclusions (lessons learned) from the book due to how generally the book applies its theme. Government censorship, though an important topic, is not the intended focus of the novel Fahrenheit 451. Finally, Bradbury’s original message of the book shows the beauty of traditional media andRead MoreFahrenheit 451 By Ray Bradbury1592 Words   |  7 PagesWhen writing the introduction to Fahrenheit 451, author Neil Gaiman stated that â€Å"ideas--written ideas--are special. They are the way we transmit our stories and our thoughts from one generation to the next. If we lose them, we lose our shared history†. Gaiman is absolutely correct; especially because what he is saying heavily applies to books. Books are a critical aspect in shaping humanity as a whole, they create and share a network of creative ideas, history, and overall entertainment; to loseRead MoreFahrenheit 451 By Ray Bradbury918 Words   |  4 Pagesâ€Å"Fahrenheit 451,† written by Ray Bradbury, is a futuristic, dystopian novel based upon a society secluded by technology and ignorance. In this future society, books are outlawed and firemen are presented with the task of burning books that are found in people’s homes. Montag, a fireman, finds himself intrigued with the books, and begins to take them home and read them. As the story progresses, Montag learns the truth behind why books are outlawed and flees his city to join the last remnants of age-oldRead MoreFahrenheit 451 By Ray Bradbury847 Words   |  4 PagesSet Knowledge On Fire The book Fahrenheit 451 is a postmodern work by Ray Bradbury first published in 1951. In Bradbury’s story, all books are illegal and are subject to be burned by firemen. Furthermore, the two predominant themes of Fahrenheit 451 are censorship and ignorance. The censorship implemented over the years removes all information from society that is necessary to learn, which accomplishes to prevent people from questioning anything. The ignorance of society has been fostered and theRead MoreFahrenheit 451 By Ray Bradbury1661 Words   |  7 Pages1.) In the novel, Fahrenheit 451 by Ray Bradbury, Montag’s view on life reverses. Two characters the influence the main character Guy Montag are the old lady whose house and books were burnt down and Mildred. The old lady was caught preserving books in her home. Firemen including Montag were ordered to burn the books. The old lady refused to leave her books, so she too was burned. She bravely gave an allusion as her last words, â€Å"Play the man,’ she said, ‘Master Ridley.’ Something, somethingRead MoreFahrenheit 451 by Ray Bradbury818 Words   |  4 PagesFAHRENHEIT 451 BY RAY BRADBURY Important People in Montag’s Life In Partical Fulfillment Of English 2 Ms Irina Abramov By Helen Hernandez November 9, 2012 â€Å"There are worse crimes than burning books. One of them is not reading them† -Ray Bradbury. In the past there were events that affected book writers. People will get together to burn books because they thought it was inappropriate or they were against their literature. Montag is a fireman in a futuristic society who would startRead MoreFahrenheit 451 By Ray Bradbury863 Words   |  4 PagesThe novel, Fahrenheit 451 was written by Ray Bradbury and it took place in the dystopian future. Throughout each novel, we are able to see a major theme, which is censorship. In this essay, I will explain how this theme are explored in the story by using the literary devices. To begin with, in this novel, censorship is not given a straight description, but we can see how the author shows it through many literary elements, such as using the setting, tone and symbolisms even foreshadowing. This novelRead MoreFahrenheit 451 By Ray Bradbury1544 Words   |  7 PagesRay Bradbury, the author of Fahrenheit 451, expresses his perspective on life in an interview. His interview contains a common theme: Do what you love, and love what you do (Bradbury). Bradbury sends a message in his interview that people should love life, and live to the fullest because he believes life is a beautiful thing. Although Bradbury no longer can demonstrate his love for life his message still lives in the pages of Fahrenheit 451. The Government of the society in the novel has told their