Article 370 of the Indian Constitution - Free Essay Example

Sample details Pages: 7 Words: 2006 Downloads: 11 Date added: 2017/06/26 Category Law Essay Type Narrative essay Level High school Topics: Act Essay Did you like this example? ELEMENTS OF LAW PROJECT ARTICLE 370 OF INDIAN CONSTITUTION Article 370 of Indian Constitution Article 370 which lie under the Part XXI of Indian Constitution showcases about the special rights and status given to Jammu Kashmir State, stating it will enjoy different set of laws then the other states. This article looks after the Temporary and Transitional changes along with the special provisions for the benefits of state. It came into act in 1950, and the required changes are made by the president when necessary. Don’t waste time! Our writers will create an original "Article 370 of the Indian Constitution" essay for you Create order Indian parliament can make changes in laws only related to defense, foreign affairs, finance and communication without permissions of state government. At the time of implementation it was set to be temporary, with a view of withdrawing at a right time, without that right time till now. Provisions of article 238 may not be applicable in Jammu Kashmir. The matters mentioned in the Concurrent List as along with Union List are announced by the President with decision with the State about the issues related to the State. The President by passing a notice can make amendments in the application of the Article in the state. These are few important provisions mentioned in Article 370 Jammu and Kashmir government would have 6 year term. They have two different flags for state and nation. People of Jammu Kashmir enjoys dual citizenship, i.e. of the state as well as the country, except a woman marries a person resident of other state, while it remains intact when she marries a Pakistani male. Indian Parliament cannot increase of decrease the border of state. Supreme Court jurisdiction does not apply in Jammu Kashmir. Parliament cannot declare any financial emergency in the state except in situation of war or any external sufferings. No one residing outside the state can purchase the land. The citizens of the state falls in Constitute of Jammu Kashmir rather than the Constitution of India Insulting the nationà ¢Ã¢â€š ¬Ã¢â€ž ¢s symbols like Flag or national anthem is not considered to be the crime in the state. CBI is not allowed to work in the state. History of Article 370 On February 20, 1947 Britishers declared of giving freedom to India by dividing the 562 princely states in majority of Hindus and Muslims. With 14 states under Pakistan while rest 548 joining India. To unite these states à ¢Ã¢â€š ¬Ã‹Å"Instrument of Accessionà ¢Ã¢â€š ¬Ã¢â€ž ¢ was passed, where only the defense, external force and communication will be under the central government. So the result was by the day of independence all the states accepted the proposal except Hyderabad, Junagarh and Jammu Kashmir. Talking of Jammu Kashmir, Hindu maharaja à ¢Ã¢â€š ¬Ã‹Å"Hari Singhà ¢Ã¢â€š ¬Ã¢â€ž ¢ ruled the state with majority Muslim residents. He wanted Jammu Kashmir to be independent state. During that course, Pakistan attacked the state. So with left with no options he decided to join India and he signed the à ¢Ã¢â€š ¬Ã‹Å"Instrument of Accessionà ¢Ã¢â€š ¬Ã¢â€ž ¢ on 26th October 1947. During the period, Sheikh Abdullah leader of Jammu Kashmir under the rule of Yuvraj Karan Singh decided to make a new constitution stating its relation with country India. Yuvraj made use of clause 7 of à ¢Ã¢â€š ¬Ã‹Å"Instrument of Accessionà ¢Ã¢â€š ¬Ã¢â€ž ¢ under the influence of state interim governor Sheikh Abdullah, stating state has right to not follow Indian Constitution fully and make their own constitution. They decided to follow the constitution of year 1939. Jawaharlal Nehru did not force Yuvraj to follow the other states so as a result Article 370 came into existence. With lots of arguments with Dr. Ambedkar and Sardar Vallabhai Patel, at last Constituent Assembly of Jammu Kashmir was formed on 15th February, 1954. There is a mention in the constitution that à ¢Ã¢â€š ¬Ã…“The state is and shall be the part of Union of Indiaà ¢Ã¢â€š ¬Ã‚ . Article 371 mentioning the à ¢Ã¢â€š ¬Ã‹Å"Special Provisionsà ¢Ã¢â€š ¬Ã¢â€ž ¢ have been extended to the state on 27th September 1963. Later Article 356 and 357 were also added. Debates in Parliament on article 370 Before the new Government (before 2014) There have been debates and arguments in the parliament over last 60 years is the parliament on a sensitive issue of Article 370.Temporary provision to Jammu and Kashmir has turned to be immortal due to genuine mistakes of M.P.Jain ,a constitutional expert of saying the State has more measure of autonomy and power than by any other States. According to our Constitutional expert à ¢Ã¢â€š ¬Ã‹Å"Rajiv Dhavanà ¢Ã¢â€š ¬Ã¢â€ž ¢, we cannot remove Article 370 or else it would turn into jeopardy. Inspite of these debates and changes over the years we have never been able to remove the provision on Jammu Kashmir. After the new Government (After 2014) Our new Prime Minister wishes to eliminate the special power given to Jammu Kashmir , but the Chief minister of Jammu Kashmir says à ¢Ã¢â€š ¬Ã…“There would be Article 370 existing or Jammu Kashmir will not be part of India.à ¢Ã¢â€š ¬Ã‚  By having 336 seats from 520 of BJP in Lok Sabha, for passing the law they need 362 as a majority, which they may get from the regional government but it would be very difficult job to turn a desire into reality. Mr. Mir Saifullah, who leads the department of law, justice and Parliamentary Affairs gave a proposal that Law Commission of Jammu and Kashmir will be jurisdiction to review those laws, which have been proposed by the State Legislature and that of Central laws, which have been applicable to Jammu and Kashmir under the name of Article 370. Relevance in the present Scenario Reaction of Indian citizen over Article 370. Indian people feel that there have been partial and higher rights given to Jammu and Kashmir. The different parties of India wishes to eradicate the provision so every citizen of India gets a equal right to live with same level of laws applicable throughout the country. 9 months ago when our Prime Minister made a point in changes in Article 370 there had been a very positive roar from the whole country except the state who are very intent to keep the laws applicable in Jammu Kashmir. The chief Minister of the State is very abundant to be having their own constitution. The people of India with a aim of equal right would keep shouting but the State will always get a higher rights just because that is Jammu and Kashmir and we are fellow Indians. Reaction of People of Jammu Kashmir over Article 370 The people of Jammu and Ladakh are facing high discrimination under the Kashmiri leadership with living a life of second class citizen of the state. The political leader has been very dominated under the Act of Article 370 so they rebutted for having a different state of Jammu Kashmir. It has been said that there are around 2,50,000 refugee living which is somewhere a high risk for the people of state. Some Kashmiri people have been caught in status of permanent residents, just like the à ¢Ã¢â€š ¬Ã‹Å"West Pakistani Refugeeà ¢Ã¢â€š ¬Ã¢â€ž ¢, though which the door might open for people who have come to Kashmir from various states of India which would bring change in demographic structure of India and reduce the power of Kashmiris. Changes required in Article 370 à ¢Ã¢â€š ¬Ã…“Article 370 divides, Article 371 empowers peopleà ¢Ã¢â€š ¬Ã‚  was said by BJP patriarch Mr. LK Advani during the talk on Jammu and Kashmir provisions on Article 370. During the Central Elections our Prime Minister took a point on removing the Article but with so success in it, during the state elections of Jammu Kashmir they portrayed to do betterment for the state first later the other things. Ek desh mein do vidhan, do nishan, do pradhan, nahin chalega, was a very much used slogan by the parliament during the earlier movements in 1952. But only a slogan cannot work the understanding of the state with central is very much necessary. With looking at the scenario it could be seen that it is nearly impossible for the center to make any changes in Article 370 except the approval and acceptance by the state. Article 370 imposes borders on the central power on Jammu Kashmir. Special permissions are required to pass an ordinary legislation in the state. It stops the development of the state while other state gets a better chance to develop. The people of state believe that central would dominate them and their right would get lost. With a hope to grow he world into a family, we should first try to make our country into a family. It has caused difficulty for Kashmiri Brahmin to live in that state alive, due to which they prefer to migrate to other state. If the Article 370 is not lifted, it should be at least modified to make the central government to make the changes at necessary period, so along with other states Jammu Kashmir also gets an equal right to develop in various sectors. The other change which is needed in the Article 370 is to let the people of state live their life with freedom in the country of biggest democracy in the world. The day this article was imposed it was laid with a view to remove it at appropriate time but the state has not allowed to do so. Thus the article 370 has turned to be immortal. Change in Terrorism in Jammu Kashmir It has been seen that terrorism has been decreased in Jammu Kashmir is last few years. The decrease of terrorism cannot be directly linked with Article 370 but yet it is linked with it. Th e people of Jammu Kashmir in their desire to protect the state not only from the Indian constitution but from all the External forces have made them protect the state. The decrease in terrorism has somewhere also helped the state to develop by letting them invest in other industry other then the defence. And as there are restrictions in entering the state the people from other countries cannot easily come in, so the state has seen decrease in terrorism. Success of Article 370 According to the views of People of India over the Article 370, they feel that it should be abolished in the country due to various reasons. From all of them, few are the Article does not give opportunity to the state due to which it is not able to develop. It should be removed as it causes brutal genocide to the Kashmiri Pundits. Article 370 is separating Jammu Kashmir from India. It is not only harming India but also doing a serious damage to Kashmir as well. When we talk about united secular India, T here must be single constitution for all and should respect one flag only. This Article should be surely removed as Indian Parliament cannot play their role here so they undermine the authority of Indian Constitution. Most central laws like Right to Information (RTI), Right to Education (RTE), while the provisions which are related to fiscal laws like Finance Act 1994 (related to service tax), CAG audit, wealth tax and many other are not applicable in Jammu Kashmir. While on the other side of coin this Article 370 should not be removed because it is a very sensitive topic which may hurt the sentiments of the people of Jammu Kashmir. The main important point is that if the Article 370 would be removed Kashmir wonà ¢Ã¢â€š ¬Ã¢â€ž ¢t be part of India, which would be great loss to India where they would lose their jewel of the ring and it would harm Kashmir as well as it would be difficult to protect the state from Pakistan as well as China who are very keen to take over Kashmir. According to me as a citizen of India I feel that Article 370 should be abolished not only for the country to get equal right, but for Jammu Kashmir as well so they grow and take chance of new opportunities to grow. Bibliography https://en.wikipedia.org/wiki/Article_370 https://indiatoday.intoday.in/story/article-370-issue-omar-abdullah-jammu-and-kashmir-jawaharlal-nehru/1/364053.html https://www.thehindu.com/opinion/lead/understanding-article-370/article5426473.ece https://kashmirherald.com/featuredarticle/article370.html https://indiaopines.com/article-370-indian-constitution/ https://www.indiandefencereview.com/news/article-370-the-untold-story/ https://www.greaterkashmir.com/news/2015/Jan/14/separatists-mainstream-oppose-concessions-47.asp https://www.business-standard.com/article/opinion/letters-why-article-370-must-go-114060501412_1.html https://www.kashmirherald.com/featuredarticle/NCRWCArticle370.html https://www.firstpost.com/politics/repe aling-article-370-why-jks-special-status-is-a-political-tinderbox-1546511.html Thank You

The Reconstruction Er Jim Crow Laws - 2695 Words

Following the Reconstruction Era, Jim Crow laws were legislated between 1876 and 1965 which implemented segregation in all public facilities in mostly southern states in the United States. As a result, the first wave of the Great Migration occurred – of African-Americans from the South moving North. Chicago, Illinois was one of northern cities that experienced a high influx of southern African-Americans. Compared to other cities, Chicago was considered a more liberal city since it prohibited many segregation laws. In the year 1874, school segregation was outlawed in Chicago and in 1885 segregation in public facilities was outlawed. According to the U.S. census, in 1910, 44,103 African-Americans made up Chicago’s population. By 1920†¦show more content†¦Starting in the early twentieth century, beaches in Chicago became segregated. On a hot summer day on the 27th of July in 1919, a young black man by the name Eugene Williams went to Chicago’s Twenty-ninth Street Beach with a group of friends, â€Å"The 29th Street beach was for whites, the 25th Street beach for blacks.† While swimming, Williams floated past the imaginary line that segregated the whites from the African-Americans. White bystanders were outraged that Williams had swum past the line that was vaguely defined and begun to attack Williams with stones. Eugene Williams was knocked unconscious and quickly drowned under the water. Although a number of black males attempted to rescue him, the whites obstructed their way and it was too late. Young eighteen-year old Eugene Williams was pronounced dead â€Å"†¦and his drowning precipitated one of the bloodiest race riots of the postwar period.† A white police officer by the name of Daniel Callahan, who came to the scene refused to arrest George Stauber, who was the white male whom many blacks contested was the one who had thrown the rock that had killed Williams. Instead an African-American was arrested for a mi nor complaint that a white man had made against him. This resulted in anger from the black community. Within two hours of Eugene Williams’ death, on July 27, 1919 the first day of the

Empirical Evidence Regarding Existence †Free Samples to Students

Question: Discuss about the Empirical Evidence Regarding Existence. Answer: Introduction Yazdani and Murad (2015) stated that ethical dilemma is termed as the condition in which two choices are made between the two Management options, where none of the options can resolve the situation. The paper is based on Supreme Court sides with Samsung in Apple patent damages dispute. There is an ethical dispute occurs when Apple sued Samsung meant for copying their designing features of their devices and copying of colorful grid of the application icons. This is an ethical dilemma in the case study. This particular paper analyzes the case study of Supreme Court sides with Samsung in Apple patent damages dispute. Ethical theories are used to analyze the case properly such as utilitarianism, deontology, virtue and contract. In the year 2011, there is a dispute among Apple as well as Samsung is that Apple sued that Samsung is copying their designing features for their devices and colorful grid of the application icons. Two of the lower courts are ruling in favor of Apple on this design-patent infringement. The lower court demands that Samsung should pay $399 million to Apple for purpose of infringing on design of the Apples iPhone. After that, Samsung is countered that this charge is just disproportionate. As per the South Korea giant, Apple is not entitling towards the total profits from entire phone, but taking the profit that infringe (Balakrishnan, 2017). There is a question that comes in front of the Supreme Court is that how to calculate the total amount that Samsung should pay for copying. Now days, Samsung is doing hard work so that they can made their iPhone as most innovative as well as beloved product. Swanton (2016) demonstrated that utilitarianismis an ethical theory, which signifies the best action to be taken when any organization is facing any ethical issues, that increases its utility. The consequences of the actions are either right or wrong. In this particular case study, Samsung is accused for stealing of design of Apple. The court takes an action based on the case is that they asked Samsung to pay $399 million to Apple for purpose of infringing on design of the Apples iPhone (Balakrishnan, 2017). The amount is to be collected from the 11 Smartphone models of Samsung. This particular action is right as it helps to increase utility of actions. From this action, other organization can also learnt the penalty of stealing others design or works. Stealing or copying of other design is a crime and it is required to minimize this type of crime. As per the principles of utilitarianism, this ethical theory can hold moral right actions in case of any type of situation (Broad, 2014). It also produces maximum balance of profits over the harms for everybody exaggerated. This type of huge amount of penalty for Samsung gives them a lesson not to steal any of design from Apple or any other company. Crossan, Mazutis and Seijts (2013) demonstrated that deontologyis an Management ethical theory, which signifies on relationship between the duty as well as morality of the actions taken by the human. The action that is taken under this ethical theory is considered morally as good due to the action that is taken. In this particular case, the morality of the actions that are taken as that the court permits Samsung to pay $ 399 million for the crime the organization did. As per the court, this action taken is right, but on the other hand, Samsung is countered that this charge is just disproportionate (Balakrishnan, 2017). The court allows Samsung to pay the charge from their profits that they get from their diverse components that breach. If Apple receives total amount from the gain of Samsung, then it is considered as illegal as because providing entire gain to the organization means that Samsung has nothing to gain (Shafer-Landau, 2014). Samsung is penalized with a huge amount for cop ying their designing features for their devices as well as colorful grid of the application icons. Therefore, two of the lower court rules in favor of Apple on designing patent infringement. LaFollette and Persson (2013) stated that virtue is an ethical theory that highlights role of the character as well as virtue within the morale philosophy rather than performing of ones duty. In this particular case, the actions, the court has taken is considered as an ethical thinking. Due to features copying dispute between Apple as well as Samsung, the court takes the decision of paying $399 million to Apple for purpose of infringing on design of the Apples iPhone (Balakrishnan, 2017). The ethical thinking is innovative as Apple is not entitling towards the total profits from entire phone, but taking the profit that infringe. The penalty is based on the federal laws, which states that party copying as well as applying for patented design is liable to extend of their total profit (Russell, 2016). Therefore, the action that is taken by the court is ethical, as this will help to overcome with infringement issues. Jayawickreme et al., (2014) stated that contract is an ethical theory that signifies the morality that includes of set of rules which is governing the behavior that the people should accept on any situation. This theory addresses questions regarding legitimacy of the establishment of the condition (Balakrishnan, 2017). Based on this theory, Samsung is penalized for their wring works. There is an ethical dispute occurs when Apple sued Samsung meant for copying their designing features of their devices and copying of colorful grid of the application icons. The organization, Samsung is to pay $ 399 million for the crime the organization did. In this case, there are questions in front of the Supreme Court is that how to Management calculate the total amount that Samsung should pay for copying (Hursthouse, 2013). Therefore, never do such a crime due to which an organization is penalized for their wrongful actions. Recommendations The following are the suggested recommendations, which help in mitigating the ethical issues that Apple is facing: Implement of strict organizational policies: The organization should implement strict organizational policies in their organization so that it will reduce ethical issues. Security measures: All the organizations should implement security as well as privacy measures for their products and services, so that no other third party organization can steal or copy their products. Governmental rules: The government should implement a rule such that in case of any crime or privacy issues, the unauthorized organization should give a very strict punishment for their misconduct. Conclusion It is concluded that the penalized action of Samsung is right for them as no other organization can ever try to do it. As per the South Korea giant, Apple is not entitling towards the total profits from entire phone, but taking the profit that infringe. Even other organization can learn that stealing or copying other service or product is a crime. Based on the ethical theories, it is identified if the action that is taken by the court is right or wrong. Therefore, with help of the ethical theories right actions are taken. References Balakrishnan, A. (2017).Supreme Court sides with Samsung in Apple patent damages dispute.CNBC. Retrieved 5 May 2017, from https://www.cnbc.com/2016/12/06/supreme-court-rules-for-samsung-in-apple-patent-case.html Broad, C. D. (2014).Five types of ethical theory(Vol. 2). Routledge. Crossan, M., Mazutis, D., Seijts, G. (2013). In search of virtue: The role of virtues, Management values and character strengths in ethical decision making.Journal of Business Ethics,113(4), 567-581. Hursthouse, R. (2013). Normative virtue ethics.ETHICA,645. Jayawickreme, E., Meindl, P., Helzer, E. G., Furr, R. M., Fleeson, W. (2014). Virtuous states and virtuous traits: How the empirical evidence regarding the existence of broad traits saves virtue ethics from the situationist critique.School Field,12(3), 283-308. LaFollette, H., Persson, I. (Eds.). (2013).The Blackwell guide to ethical theory. John Wiley Sons. Russell, B. (2016). Contractualism, Consequentialism and the Moral Landscape: A New Pro-Contractualist Picture of Ethical Theory. Shafer-Landau, R. (2014). The fundamentals of ethics. Swanton, C. (2016). A Virtue Ethical Theory of Role Ethics.The Journal of Value Inquiry,50(4), 687-702. Yazdani, N., Murad, H. S. (2015). Toward an ethical theory of organizing.Journal of Business Ethics,127(2), 399-417.

Suicide Essays (2135 words) - Behavioural Sciences, Psychiatry

Suicide A Self-Destruction Suicide is the act or an instance of intentionally killing oneself. According to Emile Durkheim, suicide is applied to all cases of death resulting directly or indirectly from a positive or negative act of the victim himself, which he knows will produce this result (44). Suicide is a rarely ever a spur of the moment thing. Th Susceptibility to suicide is lowest among those who have strong community ties. Involvement in church, synagogue or temple may help the disquieted person feel that he is part of a religious fellowship bound together by ties of sympathy, love, and mutual concern. House of worship often substitute for a missing family. We this reach the conclusion that the superiority of Protestantism with respect to suicide results from its being a less strongly integrated church than a catholic church (Durkheim 159). Grollamn noe Augustine (354-430) denounced suicide as a sin, there was no official church against it (23). Today people continue to commit suicide for a variety of reasons: Love, insanity and chronic depression. There is usually a series of events and warning sign before an attempt is made. Suicide is not spoken much and is a topic that needed to be explored. Statistics on suicide attempts changes so rapidly, that none can be stated with accuracy. Grollman write that Almost everybody at one time or another contemplates suicide. Self-destruction is one of many choices open to human beings (5). If one is alert and observant, there is a chance that the suicide victim can be saved. Imagine the thought of being dead. Would the world be better off without that one life? Probably not, but some people may think so. That life will be greatly issued by someone. It may even cause a person to want to commit suicide in order to join the friend that died. Imagine how it would feel if the pressures of everyday life increased greatly. Perhaps a parent, brother or sister was lost. What if an adolescent person was arrested? How would his family and friends react to this little misfortune? Say there is a test in math or science class, and when the test came back the same person had failed it. It would seem to him to be just another failure in a series of botched attempts to further himself. It seems that the last month or two has been nothing but hardship. There is no place to go. So, he feels, there is only one thing that can help, suicide. Man prefers to abandon life when it is least difficult (Durkheim 107). The child may think: If I where to die now, my parents would feel sorry for their meanness (Grollman 6). For days, even weeks, a plan is formulated. How does he leave the loved ones and his problems behind respectably? Finally he thinks of a plan, sleeping pills, in hopes that a final slumber will take all the nightmares of reality away for good. Klerman note that An act like this is prepared within the silence of the heart, as is a great work of art (55). The pills are taken, after a while sleep sets in. At last, the final rest that has been so long awaited for. A blurred vision appears and slowly focuses. A white room appears, the vision gets clearer. He focuses in on details, such as an IV stand with several bags hanging on it. The hospital room was not the expected place to awake. This attempt was just one more failure in his life. The next time he will think of a more lethal way to seek eternal peace. After the attempt. He will go to a hospital where all his actions will be monitored. In the end, a counselor is usually called in. hopefully its will help him in the struggle to deal with life`s problems, all this done in hopes that another attempt is made. 12 % of those who attempt suicide will make a second try and succeed within two years (Grollman 73). To think all of this could have been prevented if he sought help in the beginning. To further understand suicide, we must take a look at the different reasons behind the act itself. Suicide is not a genetic disease, but rather a series of events that are very depressing or stressful. Dolce implies that For years people assume that only mental or emotional problems drove people to commit suicide (33). Lester writes, Zimmerman et al found that depressed inpatients who had experienced more psychological