Lord of the Flies Book Report Profile

Lord of the Flies, by William Golding, was published in 1954 by Faber and Faber Ltd of London. It is currently published by The Penguin Group of New York. Setting The novel Lord of the Flies is set on a deserted island somewhere on an island in the tropics. The events of the story occur during a fictional war. Main Characters Ralph: A twelve-year-old boy who, at the outset of the boys’ ordeal is elected leader of the group. Ralph represents the rational and the civilized side of humanity.Piggy: An overweight and unpopular boy who, because of his intellect and reason, becomes Ralph’s right-hand man. Despite his intelligence, Piggy is frequently the object of scorn and teasing by the other boys who consider him a misfit in glasses.Jack: Another of the older boys among the group. Jack is already the leader of the choir and takes his power seriously. Envious of Ralph’s election, Jack becomes Ralph’s rival eventually wresting control completely away. Jack represents the animal nature in all of us which, unchecked by the rules of society, quickly degenerates into savagery.Simon: One of the older boys in the group. Simon is calm and peaceful. He acts as a natural foil for Jack. Plot Lord of the Flies opens with a plane full of British schoolboys crashing on a deserted tropical island. With no adults surviving the crash, the boys are left to themselves to try to stay alive. Immediately a sort of informal society springs up with the election of a leader and the setting down of formal objectives and rules. Initially, rescue is foremost on the collective mind, but it is not long before a power struggle ensues with Jack attempting to sway the boys to his camp. Possessing different goals and vastly different sets of ethics, the boys divide into two tribes. Eventually, Ralph’s side of reason and rationality gives way to Jack’s tribe of hunters, and the boys sink deeper and deeper into a life of violent savagery. Questions to Ponder Consider these questions as you read the novel: 1. Examine the symbols of the novel. What is the symbolism of the face paint adopted by Jack’s tribe?What does the conch shell represent?Who or what is the â€Å"Lord of the Flies? Consider the origin of the phrase as well as its significance to the story.How does Golding use disease to extend the allegory in the novel? Consider Piggy’s asthma and Simon’s epilepsy as examples. 2. Examine the conflict between good and evil. Are people inherently good or bad?How are the values of the children painted to align them with a specific side?How is this novel an allegory for society as a whole? 3. Consider the theme of the loss of innocence. In what ways do the boys have their innocence stripped from them?Are there any characters that seem to possess no innocence from the outset and what is their purpose in the novel? Possible First Sentences Lord of the Flies is an allegory for society at large.Innocence is not stripped, it is surrendered.Fear and control are often found together in society.Is morality an innate feature of personality?

The Career That Intrigues Me - 1155 Words

The career that intrigues me is elementary education, which is kindergarten through 8th grade. I am engrossed in this career because I have little siblings that I had to teach them things like reading, math, and writing properly. Also, I just love, love, love little kids and to watch them grow. My personality goes with this career because I am a very kind and considerate person and I like people. My values go with this career because I like having the defiance and the opportunity to do my work in new ways and with independence and diversity. Also, I like feat which is having the feeling that what I do in my work is crucial and making a contribution. Lastly I value my workplace and having the pleasure of working in a satisfying, attractive work space where the supervisors and co-workers are supportive and friendly. I expect that being a teacher at a school will have all these conditions. Kindergarten and elementary school teachers work in public or private schools. Seeing students dev elop new skills and learn information can be very rewarding. The work in this career typically takes place in a classroom in a school. The physical activity involved in this career is walking around the classroom or sitting at a desk grading papers. The clothing that teachers wear should be comfortable, but professional and have individual personality. Some things to avoid are; Sleeveless tops, too much make-up, and not to use too much jewelry. I envision that if you are a teacher, you dress soShow MoreRelatedThe Hidden Curriculum, And The Way That Social Classes Work Within The School System1512 Words   |  7 Pages this is a larger concern than what I believed and this article informed me in that sense. The main points in this article that are touched on include budgeting, the author’s personal experience with the social classes of schools and the impact of the curriculum being effected by the class of the institution. 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The Role of Civil Society in the Free Essays

string(78) " the present regime on governance, economic, security and development issues\." THE ROLE OF CIVIL SOCIETY IN THE DEMOCRATISATION PROCESS IN BOTSWANA INTRODUCTION One of the approaches to democratization is the fostering of civil society organizations. Botswana`s civil society organizations have a role to play in the country’s democratization process. As stated by Maundeni (2005) the argument is that the non-partisan character of Botswana’s civic organisations has not prevented them from participating actively in democratising the public space. We will write a custom essay sample on The Role of Civil Society in the or any similar topic only for you Order Now In fact civil society has been portrayed as the prime catalyst for promoting democratisation process in developing countries, Africa in particular. This paper attempts to examine the above assertion in Botswana and posits the roles and contributions of civil society to democratisation process. CONCEPTS AND DEFINITONS WHAT IS CIVIL SOCIETY? The issue of defining what constitutes Civil Society is very controversial; it is defined in various ways. Indeed, the use of these terms in many instances depends on place and time, country and the existing legal framework for registering civil society organizations. Other factors include membership, mission, and form of organization and levels of operation. The World Bank defines civil society/NGOs as: â€Å"An association, society, foundation, charitable trust, non-profit corporation, or other juridical person that is not regarded under the particular legal system as part of the governmental sector and that is not operated for profit — viz. , if any profits are earned, they are not and cannot be distributed as such. It does not include trade unions, political parties, profit-distributing cooperatives, or churches. According to the Commission of European Communities â€Å"Civil society includes the following groups: trade unions and employers’ organizations (social partners); organizations representing social and economic players which are not social partners in the strict sense of the term†¦ non-governmental organizations which bring people together in common cause, such as environmental organizations, human rights organiza tions, charities, professional associations, grass roots organizations; organizations that involve citizens in local and municipal life with a particular contribution from churches and religious communities. At one level, civil society can be described as all organized activity not associated with major institutional systems: government and administration, education and health delivery, business and industry, security and organized religion. They include religious/faith based organizations, cooperatives, trade unions, academic institutions, community and youth groups (Judge 1996). Civil societies are therefore created in the public interests and can do things which neither of the other national development actors-the government and the corporate sector-can do on their own. Civil societies would have as their main objective the improvement in the lives of the poorest and disadvantaged. This is where there is a role for the state: Harriss de Rienzo (1997) suggest that the role played by civil society organizations will depend on the wider political setting, and on ways in which inequalities of power and resources are dealt with in the economic and political arena. DEMOCRACY The word is derived from the Greek word demos, which mean people rule. It can be defined as a system where the authority has its legitimacy in the will of what the people have expressed. Democracy at the same time puts demands on how the people’s will should come to expression. Two principles should apply political equality and principles of freedom. The first principle defines political citizenship and focuses on who should be involved in the political process. The second principle concerns freedoms of all kinds of political opinions that may be expressed during the political process. Democratic government aspires to serve under â€Å"the people† rather than ruling over them. Implementing some form of a voting system, usually involving indirect representation pursues this ideal. It shares links with the concept of a republic. DEMOCRATIZATION Like Civil society, the definition of democratisation has consistently been subjected to analytical scrutiny by social scientists, in particular, the political scientists. In his definition, Conteh-Morgan (1998) argues that democratisation is an increase in political equality and a decrease in coercive rule. Others argue that democratisation is synonymous to democratic consolidation and or the deepening of democratic practices (Diamond et al; 1995). It implies a process through which a political system becomes democratic. It is a process that is made up and caused by different factors; these can be connected with political or socio-economic structures and political institutions in which they act. It is a transition to democratic political systems, where democratic systems are taken to be those approximating to universal suffrage, regular elections, a civil society, the rule of law and an independent judiciary. CIVIL SOCIETY AND DEMOCRATIZATION PROCESS IN BOTSWANA Civil society can be regarded as organisational life that is voluntary, self-generating, self-supporting, and autonomous from the state, and bound by a legal order or set of shared rules. It consists of a vast array of organisations, both formal and informal: interest groups, cultural and religious organisations, civil and developmental associations, issue-oriented movements, the mass media, research and educational institutions, and similar organisations. The difference between these groups and other society groups is that they are concerned with and act in the public realm, relate to the state (without seeking to win control over it), and encompass and respect pluralism and diversity. Civil society consists out of individuals from different groups who are seeking change within a society. Through organising themselves in various forms of protests to show that they demand their rights, civil society has proved to be powerful when a few societies have transformed from non-democracies into democracies. This implies that the functioning of democracy requires a strong civil society, but a civil society that is politicised, and interacts with the state through concrete participation in decision-making processes. TYPES OF CIVIL SOCIETY AND THEIR CONTRIBUTIONS TO DEMOCRATISATION Research and Advocacy Groups: these are few without a membership base but effective think-tank research and policy advocacy NGOs. They have easy access to the Botswana policy makers and have established cordial relationship with the foreign donors. Some of these organisations do not only participate in drafting key policy documents for the governments, they also consult for the present regime on governance, economic, security and development issues. You read "The Role of Civil Society in the" in category "Essay examples" They have contributed significantly through research and advocacy to deepen democratic practices under the present government. In his 2005 edition, Maudeni outlined the role of Democracy Research Project (DRP consisting of a academics) in the democratisation process. He showed that the DRP brought together different stakeholders in a way creating a platform where debates would be initiated and set in motion discussion about ways in which Botswana`s democracy might be improved. Maundeni reckons thus,the non-partisan DRP seeks to spark a democratisation debate nationally and infact has done so on past occassions. It has brought together politicians, academics, civil servants, journalists and traditional chiefs were brought together in a forum in which government politicians and officials did not exercise control over its proceedings. Human Rights and Democracy Advocacy Groups: Women NGOs These organisations advocated for the equality and recognition of women in the society, they were headed by a group of educated and committed women who provided leadership and who have worked as volunteers to bring these organizations to where they are today. The groups include Young Women Christian Association, or Botswana Council of Women. Somolokae (1988) relates that these organisations have been dealing with purely welfare matters for decades and they enjoyed a good relationship with the state. Then during the mid-1980s, radical women’s groups entered the political scene. Examples here included Emang Basadi, and Metlhaetsile. From the onset, these organizations set out to challenge the state on policy issues. Emang Basadi was formed in 1984 to pressure the government to repeal all legislations which were discriminatory against women. At first, the reception was bad. Overtime, Emang Basadi together with other NGOs, began to network and push as a united front. When not much progress was being made, the groups under the leadership of Emang Basadi switched focus to a political agenda. The organization came up with a political education project to sensitize women about their political rights, encouraging them to vote for candidates who are committed to addressing the issues and concerns of women. This strategy seems to have worked as more women than ever showed interest in political power. Ditshwanelo – Botswana Center for Human Rights The Botswana Centre for Human Rights was established in 1993 and since then has remained the only organisation in Botswana dealing with all aspects of human rights. It advocate for changes in laws, policies and practices, and to raise public awareness of rights and responsibilities and also provide paralegal services to those earning less than the minimum wage. Ditshwanelo also targeted its campaigns on the death penalty. In its recent statement commemorating World Day against the Death Penalty on October 10 2012, the NGO remains opposed to the death penalty vows to continue to campaign for its abolition in Botswana. t states that it is particularly concerned about the secretive and arbitrary conduct by the Government of Botswana, in its administration of the death penalty. The group also has partnership with other rights-focused organisations in Botswana, such as those focusing on gender equality or the rights of those affected by HIV/AIDS, complementing the work of its partners, an d focusing on issues least supported by others, including the Basarwa / San (Bushmen), sexual minorities and domestic workers. Trade Unions These are organisations established to influence policies in favour of their members. They are very active in influencing economic and less of political policies. One of the leading and effective members of this group is the Botswana Federation of Public Service Union BOFEPUSU,it is popular in mobilizing workers to go on strike when the need arises and the government is aware of this strength as experienced in 2011. Inaugurating a New Trade Union Education Centre at Gaborone, Botswana on July 10, 1971, President Seretse Khama discussed the role of trade unions – present and future – in his country. He states â€Å"Free trade unions are an essential instrument of participatory democracy. It is through such unions that the workers can not only defend their interests but also make a positive contribution to national development. And if this contribution is to be effective trade unions must be free. They will not be an effective instrument of participatory democracy if they are manipulated by government, or by a political party or by any external agency. A trade union movement must seek to maintain the confidence of all its members irrespective of party affiliation. It must not become the agent of a political party. We in Botswana have given trade unions freedom to represent their members’ interests and to guide the aspirations of our workers so that they make a productive contribution to national growth. We have not given them freedom to promote the interests of political parties or external powers. † In summary, below are the four broad roles that the civil society has been playing to deepen its contribution to the democratisation processes. Monitoring Role- This varies from one programme and organisation to another. The monitoring of the executive and legislatures for accountability and good governance for instance are most prevalent among the specialised research and advocacy NGOs while census, elections and budget implementation monitoring are common among the Network and coalitions. They have been performing this role, pointing to mistakes and how governments can overcome such mistakes. Capacity Building Role- Training and sensitization of citizens on their democratic and human rights and how these rights can be protected e. g. he rights of the citizens to hold accountable the elected representatives etc. This capacity building is not restricted to the citizens alone, the elected representatives have also benefited from such trainings e. g. , democratic control of military and security establishments, the making of participatory and gender sensitive budgets etc. Another remarkable, although, ongoing contribution of civil society to the process of democratisation in Botswana; is the campaign f or a new constitution for the country through the convocation of a sovereign national conference. Disciplinary Role- finally, the civil society has also been mobilising the citizens and call on government to discipline some of the elected representatives and bureaucrats for misconduct while in office through recalls and dismissal (though they have not been successful in this role). More efforts and capacity building- training and fiscal resources are needed to be successful in this role. The challenges of civil society Usually they represent only those sections of the population that are strong and self-aware. The viewpoints of civil society sometimes are conflicting and contradictory and there is a high possibility of susceptibility to foreign governments or foreign groups particularly if the CSO/NGO receives International funding. Sometimes, people working or serving in civil society are drawn to this sector due to the potential incomes they expect to receive rather than the ideology. This is particularly true with people working in NGOS. CONCLUSION The paper critically analysed the roles and contributions of civil society to the process of democratisation in Botswana and argued that the types of civil society and its advocacy strategies to a large extent determine the level of civil society’s contribution to democratic process. Investing in civil society groups whose activities have found resonance with the population is one way to promote the democratization of politics and the full participation of the citizenry in public life. The civil society must continue to employ a collective advocacy role to mobilize consensus for a national agenda of democratization, peace building and national reconciliation. Moving away from individualized, fragmented and disorganized advocacy to collective advocacy is essential to becoming a strong countervailing force. It can also be concluded that civil society plays a critical role in strengthening democracy in that, it brings about the movement from a bureaucratic administration to a more representative administration. Civil society brings about active co-operation and an on-going commitment in the process of policy formulation and implementation between politicians, senior management, frontline workers, and citizens. Civil society encourages the divergence from the traditional regime-driven policy process to one where there is a multiplicity of negotiated determinants of the problem identification, formulation of policy principles, setting of objectives, development of options according to agreed criteria, and the formulation of an implementation strategy. The manner in which this is done and the contribution at various stages in the process characterize democracy. The dynamism of linkages underscored above ascribes to democracy as being about partnerships of all stakeholders in an endeavour to bring about synergies of efforts and resources. The civil society also strengthens democracy through fostering of complex relationships, not only among different institutions of state, but among all the stakeholders, from the most powerful titans to the poorest and most vulnerable people on society’s margins REFERENCES I. Commonwealth Foundation (1995): â€Å"Non-Governmental organization: Guidelines for Good Policy and Practice,† London. II. Conteh-Morgan Earl (1997), Democratization in Africa: the theory and dynamics of political transitions, Preager Pub. Westport, USA III. Diamond, L; Linz Juan; and Lipset Seymour (1995) Politics in Developing Countries: comparing experiences with democracy (Second Edition), Pub Lynne Rienner, London. IV. Emang Basadi (1998) Political Education Project: A Strategy that Works Gaborone: Lentswe la Lesedi. V. Judge, A. 1996) Interacting fruitfully with uncivil society: the Dilemma for Non Civil Society Organizations, (Transnational Associations, Washington DC, ) VI. Holm J. (1996) â€Å"Development, Democracy and Civil Society in Botswana,† in Leftwitch (ed). I. Policy Press, U. K. II. Maundeni Z. (2005) 40 Years of Democracy in Botswana 1965-2005 III. Somolekae G. (1998) Democracy, Civil Society and Governance in Africa :The Case of Botswa na IV. The World Bank (1997): International Center for Not-for-profit Law, 1997. Handbook on Good Practices Relating to Non-Governmental Organizations, Washington How to cite The Role of Civil Society in the, Essay examples

Judicial control over administrative discretion in preventive detention free essay sample

Administrative has to function according to the law and the constitution. It is a fundamental duty laid down against every administrative action that it should not violate the fundamental rights guaranteed by the constitution. For this purpose, the judiciary has an important role to play in protecting the citizen against the arbitrary exercise of administrative action. In India, the judiciary has been given an apex place. However, it is a general rule that court should not interfere with the administrative functions and actions taken by administrative authorities in exercise of discretionary powers. It means that judiciary has no direct control over the administrative actions. Judiciary can act only when their intervention is sought. Infact judicial intervention is restrictive in nature and limited in its scope. Irrespective of this defect, the Supreme Court and high court have been intervening in the administrative actions by way of public interest litigation. Even sometimes, when the situation demands Supreme Court and high courts have authority to take up cases suo moto (on its own motion). We will write a custom essay sample on Judicial control over administrative discretion in preventive detention or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page CHAPTER-II CONCEPTUAL ANALYSIS 1. 1 DISCRETIONARY POWERS 1. 1. 1 Judicial control of administrative discretion Discretion means to act according to desire or choose from given options. Administrative discretion means choosing from amongst the variable available alternatives but with reference to the rules of reason and justice and not according to personal whims and fancies. Administrator may use the discretionary powers vested in him. This leaves the administrator free to exercise his power according to his own judgment. The exercise of discretion should not be arbitrary, vague and fanciful. In india, while exercising discretion, the government has to measure it upon the touchstone of constitutional provisions of equality, freedom, and justice. A government needs discretion for the proper conduct of its functions. However it should exercise its power well within the constitutional limits. The actions of administration can be checked at judicial level. The constitution of india has provided the judiciary with the power to review. The courts can keep a check upon any arbitrary exercise of discretionary powers by the administration. 1. 1. 2 Reasons for conferment of discretion on administrative authorities The present day administration problems are of varying nature and it is difficult to comprehend them all within the scope of general rule. Most of the problems are new, practically of the first impression. Lack of any previous experience to deal with them does not warrant the adoption of a general rule. It is not always possible to foresee each and every problem but when a problem arises it must in any case be solved by the administration in spite of specific rules applicable to the situation. Circumstances differ from case to case so that applying one rule mechanically to all case may itself result in injustice. 1. 1. 3 Judicial review of discretionary power Due to parliamentary supremacy no legal limits exist in England on the conferment of discretion on the administrative authorities. But that is not true of the other common law countries whose written constitution determine and regulate the competence of the legislature particularly through the enumeration of the basic rights of individuals. The rule of law requiring that the administration can interfere with the right of an individual only with the authority of law and that the authorization is clearly limited in its content, subject matter, purpose and extent so that the interference is measurable and to a certain extent is foreseeable and calculable by the citizen. The court have consistently insisted that the legislature must observe certain constitutional limits in granting discretion to the administrative authorities but they have not insisted upon a rigid criterion. 1. 2. Judicial review of preventive detention The question of exercising the power of judicial review incase f preventive detention was raised by Mr. Kamath during the stage of drafting ARTICLE 15A (corresponding to the present article 22) of the draft constitution. To this, dr. Ambedkar replied that a writ of habeas corpus could be asked for and issued in any case, but the object of this would be limited to the court finding out whether a man was arrested under any law or merely by executive whim. Once the court was satisfied that he was arrested under some law, habeas corpus comes to an end. However the scope of judicial review is not unlimited because the court is bound to see only whether ARTICLE 22(5) has been complied with by the detaining authority. But it is the duty of the court to see that a law depriving the person of his liberty is strictly complied with and individual liberty is to be curtailed by anticipatory action only in the interest of that which is enumerated in the statute1. The law of preventive detention leaves a very broad discretion with administrative authorities and only a narrow margin for judicial review. 1. 2. 1 Judicial Review on Exercise of Discretion in the case of preventive detention The basic principle of administrative discretion is that administrative discretion cannot be substituted by judicial discretion In AK Gopalan vs state of madras2, it was held that decision as to whether a person shall be detained or not under the preventive detention act lies solely within the power of executive and judiciary cannot substitute such decision with its own decision. Thus, judiciary cannot go into the merits of the case and look into whether the opinion of the authority was right or wrong. 1. 3 GROUNDS OF JUDICIAL CONTROL If an administrative authority is authorized to act in its discretion it has to exercise its discretion in consonance with the purpose of authorization and the legal limits of the discretion has to be observed. An authority shall be deemed to have abused its jurisdiction when it exercises its power for an improper purpose or on extraneous consideration, or in bad faith, or leaves out a relevant consideration or does not exercise the power by itself but of the instance and discretion of someone else. Circumstances under which judicial intervention on exercise of discretion in preventive detention Judiciary has maintained the appearance of respecting the subjective satisfaction of the detaining authority but at the same time review such power on certain grounds3. 1. 3. 1 Subjective satisfaction of the detaining authority Although the law of preventive detention is based on the subjective satisfaction of the detaining authority, it does not confer an unfettered discretion to detain any person at its whim. It is an eternal principle of administrative law that there is nothing like unfettered discretion immune from judicial reviewability. Krishna iyer has rightly emphasized that â€Å"absolute power is anathema under our constitutional order† and that â€Å"naked and arbitrary power is bad in law†. Therefore the courts, while exercising the power of judicial review, ensure that discretion is exercised by the authority concerned according to law. It is regarded as the first principle of of any jurisprudence based on the rule of law that the executive should not exceed its powers. This is also known as the principle of ultra vires. In India, the judiciary has given an extended meaning to the doctrine of ultra vires so as to able to control the discretionary decision of administrative authorities. In the case of preventive detention, they have always examined whether the subjective satisfaction of the detaining authority was arrived at by taking into consideration relevant facts and ignoring irrelevancies. The satisfaction of the executive must be based on right test and right construction of a statute. The satisfaction ought to be based on relevant and non-extraneous consideration 1. 3. 2 Factors on which subjective satisfaction can be challenged 1. 3. 2. 1 Non application of mind If the subjective satisfaction is arrived at without the application of mind and authority passes the detention order mechanically. It can be quashed on this ground. E. g. If the preventive detention law specifies many grounds for detention, then the order must specify the grounds on which detention has been ordered. The order will be set aside if it mentions that the detention has been ordered on ground (a) or (b). The use of the word â€Å"or† indicates that the authority was either not certain or did not apply its mind to determine whether the case fell under one head or the other. Case: Ayya vs state of U. P4 Facts: A Telegram was sent to the senior superintendent of police on behalf of detainee stating that the detainee has been taken into police custody about an hour before the alleged commission of the offence by him but this was not considered by the detaining authority. Judgment: it was held that the order of detention was vitiated on the ground of non-application of mind. Thus, An authority cannot use its discretion without taking into consideration the facts and circumstances of every case. Case: T. Devaki vs government of T. N Facts: Even though the detaining authority was present at the scene of occurrence of the incident, he formed his opinion and made the detention order on a mere perusal of the materials, facts and documents placed before him by police. Judgment : it was held that detention order was vitiated by non-application of mind. Hence, It is also imperative for the detaining authority to form the perquisite opinion honestly and bonafide. It can rely on its own knowledge and perception instead of merely relying on the version of the incident placed before it by the sponsoring authority. 1. 3. 2. 2 Malafides The Supreme Court has given wide meaning to the concept of malafides exercise of power. Mala fides means imputation of bad faith, dishonest intention or corrupt motive. In kalquanmbi vs district magistrate5 held that, Like any other administrative order, an order of preventive detention is also liable to be set aside on the ground of malafides of the detaining authority. Thus, Detention orders can be challenged if made mala fide. Whenever it is established that the order of detention has been made malafides, it must be quashed and the detainee must be released. Case- G. Sadananda vs state of kerala6 In this case, the petitioner, a kerosene dealer was detained under the Defense of India Rules, to prevent him from acting in a manner prejudicial to the maintenance of supplies and services essential to the life of community. The fact were brought before the court to show that the D. S. P. made a false report against the petitioner in order to benefit his relative in the same trade by eliminating the petitioner from the trade, by obtaining the distributorship for kerosene. The D. S. P. filed no affidavit to controvert allegations, and the affidavit filed on behalf of govt. by the Home Secretary was very defective. The SC declared the order of detention to be clearly and plainly mala fide. Thus, In this case- the court concluded that detention of the petitioner was the result of malafides. Malafides would mean anything which is not bonafide or something that is done with an intention which is dishonest. 1. 3. 2. 3 IMPROPER PURPOSE A discretionary power must be exercised on relevant and not on irrelevant or extraneous considerations. It means that detaining power must be exercised taking in to account the consideration mentioned in the statute. If the statute mentions no such considerations, then detentions should be exercised on considerations which are relevant for the purpose for which it is conferred. If the authority concerned takes in to account wholly irrelevant or extraneous circumstance, or matters then the administrative action is ultra-vires and will be Under the National Security Act 1980 (originally preventive detention act 1950) a person could be detained on several grounds mentioned therein. The authority detaining a person is required to communicate the grounds for detention to the detenu. If the person is detained on any ground which is irrelevant, non-existent, extraneous, then the order of preventive detention can be quashed7. Case Ram Manohar Lohia v. State of Bihar8 The petitioner was detained under the Defence of India Rules, 1962 to prevent him from acting in a manner prejudical to the maintenance of law and order whereas the rules permitted detention to prevent subversion of public order. The court struck down the order as in its opinion, the two concept were not the same, law and order being wider then public order. The court insisted that the grounds of detention should be such as have a reasonable relation or nexus or proximate connection with the objects for which an order of detention can be made under the relevant law. SOME OF THE CASES OF REASONS ON WHICH DETENTION OF A PERSON IS ORDERED, NOT HAVING RELEVANCE TO THE GROUNDS MENTIONED IN THE ACT ARE – When a person is detained in the interest of public order, because he published pamphlets containing scurrilous attacks on the judiciary which might undermine the confidence of the people in the proper administration of justice but does not endanger law and order as such. 9 Detention of a person in the interest of maintenance of public order, because he committed a theft of overhead traction wire disrupting rail service for several hours which might interfere with the maintenance of supplies essential to the community but does not threaten the maintenance of public order10. 1. 3. 2. 4 Vague and irrelevant grounds In G. M. SHAH VS JAMMU AND KASHMIR11 A Person was detained as his activities were prejudicial to the security of the state. It was held that security of the state contemplates that the activities of the person are such as to overthrow or overawe the government by force. The detention order was quashed because none of the facts were established on this ground. Thus, Under the act, one of the reasons for detention of a person is that his activities are prejudicial to the maintenance of public order. â€Å"Public order† is a narrow concept as compared with â€Å"law and order†. It is not every contravention of law that can be said to affect public order. It has been pointed out by the Supreme Court that a line of demarcation has to be drawn â€Å"between serious and aggravated forms of disorder which directly affect the community or injure the public interest and relatively minor breaches of peace of a purely local significance which primarily injure specific individuals and only in a secondary sense public interest. 12 In Raisuddin vs Uttar Pradesh13, An order of preventive detention on the ground that the detenu creating the fear and tension in the town of Moradabad resulting in the closure of schools, colleges and shops was held not based on irrelevant grounds as his activities were greatly prejudicial to the maintenance of public order. Thus, If the act of a person creates a panic or fear in the minds of members of the public, such act must be said to have direct bearing on the question of maintenance of public order. In Manu Bushan vs west Bengal14 The ground that the detenu committed a murderous attack on a person causing his death was held to raise only a law and order problem and therefore order of preventive detention was quashed because under the law, preventive detention was authorized on the ground of public order and not law and order. Thus, The ground of â€Å"maintenance of public order† has to be distinguished from â€Å"law and order†. In Ajay Dixit vs Uttar Pradesh15 From a review of detention cases during the last few years, it may be said that judiciary is now more prone to intervene with the administrative determination of the necessity to detain a person than before on the ground of irrelevant considerations. In Prabhdayal vs D. M.. Kammrup16 Held that, A Preventive detention order can also be quashed if it is based on vague grounds because of the reason that vague grounds affect the right of the detenu to make representation. The right to make representation is given to him by the constitution and is not illusory but not real. Hence, Improper purpose has become an important ground to control the exercise of discretionary powers of administrative actions to some extent. 1. 3. 2. 5 Leaving out relevant consideration If in exercising its discretionary power an administrative authority ignores relevant considerations, its action will be invalid. An authority must take in to account the consideration which a statute prescribes expressly and impliedly. In Ashadevi v. K. Shivraj 17 The petitioner was detained with a view to preventing him from engaging in transporting smuggled goods. The detaining authority based its decision on the detenus confessional statement before the custom officers, but the fact having bearing on the question whether his confession was voluntary or not were not placed before authority. It was held that since the authority did not consider vital facts relevant to the detention of the petitioner the detention order was bad. Thus, detention order can be quashed when no relevant grounds are considered. 1. 3. 2. 6 Mixed Considerations In preventive detention cases, the court have taken a strict view of the matter and has held such on order invalid if based on any irrelevant ground along with relevant grounds. In Shibban Lal v. State of U. P. 18 The petitioner was detained on two grounds, first that his activities were prejudicial to the maintenance of supplies of essentials to community and second that his activities were injurious to the maintenance of public order. Later govt. revoked his detention on the first ground as either it was unsubstantial or non existent but continued it on the second. The court quashed the original detention order. 1. 4 Limitations of judicial control All administrative actions are not subject to judicial control. There are many kinds of administrative actions, which cannot be reviewed by the law courts. Even in those administrative actions which are within its jurisdiction, the judiciary cannot by itself take cognizance of excesses on the part of officials. It can intervene only on the request of somebody who has been affected or is likely to be affected by an official action. Judicial process is slow and cumbersome. Remedies offered by the courts are inadequate and ineffective. The government may deprive the person of the remedy granted to him by the court by changing the law or rules thereof. Judicial action is incredibly expensive and cannot therefore be taken. The highly technical nature of most of the administrative actions saps the force of judicial review. The judges are only legal experts and they may have little knowledge of the technicalities and complexities of administrative problems. Their legal bent of mind may hinder them in arriving at a right decision. They have to follow the prescribed procedures and observe some formalities. 1. 5 PREVENTIVE DETENTION IN INDIA Article 22 makes the minimum procedural requirements which must be included in any law enacted by legislature in accordance of which a person is deprived of his personal liberty. Article 22(1) and (2) are also called Rights of an arrested person. Rights of an Arrested Person A person cannot be arrested and detained without being informed why he is being arrested. A person who is arrested cannot be denied to be defended by a legal practitioner of his choice. This means that the arrested person has right to hire a legal practitioner to defend himself/ herself. Every person who has been arrested would be produced before the nearest magistrate within 24 hours. The custody of the detained person cannot be beyond the said period by the authority of magistrate. The Article 22(1) and 22(2) make the above provisions. However, Article 22(3) says that the above safeguards are not available to the following: If the person is at the time being an enemy alien. If the person is arrested under certain law made for the purpose of Preventive Detention. The first condition above is justified, because when India is in war, the citizen of the enemy country may be arrested. But the second clause was not easy to justify by the constituent assembly. This was one of the few provisions which resulted in stormy and acrimonious discussions. 1. 5. 1 Preventive Detention Laws A person can be put in jail / custody for two reasons. One is that he has committed a crime. Another is that he is potential to commit a crime in future. The custody arising out of the later is preventive detention and in this, a person is deemed likely to commit a crime. Thus Preventive Detention is done before the crime has been committed. 1. 5. 2 Historical background of Preventive detention in India India has a long history of Preventive Detention. India is one of the few countries in the world whose Constitution allows for preventive detention during peacetime. The following are some historical landmarks related to Preventive Detention in India. In India the history of preventive detention dates back to the early days of the British rule when under the Bengal Regulation— III of 1818 (the Bengal State Prisoners Regulation) the government was empowered to detain anybody on mere suspicion. Rule 26 of the Rules framed under the Defense of India Act 1939 allowed the detention of a person if it was satisfied with respect to that particular person that such detention was necessary to prevent him from acting in any manner prejudicial to the defense and safety of the country . Post-Independence, the first Preventive Detention Act was passed in 1950. The validity of this act was challenged in the Supreme Court in the Gopalan v/s State of Madras Court. The Supreme Court held this act Constitutionally valid except some provisions. This act expired in 1969, and before it expired, it was amended for 7 times, each expansion was to make it valid for 3 more years and this it was extended till 31 December 1969. In 1971, the Maintenance of Internal Security Act (MISA) was passed. MISA was basically a modified version of the PDA Act. It was abolished in 1978. Another law, Conservation of Foreign exchange and Prevention of Smuggling Activities (COFEPOSA) was enacted in 1974 and it continued. In the heat of the terrorism in Punjab the Terrorist Disruptive Activities (Prevention) Act or infamous TADA was enacted in 1985. It was renewed in 1989, 1991 and 1993 and lapsed in 1995 due to increasing unpopularity due to widespread allegations of abuse. The main abuse was that a confession before a police officer, even though being given under torture, was admissible as evidence in court. Another similar act Prevention of Terrorism Ordinance (POTO) of 2001 Came into force. Both the TADA POTO were later succeeded by another controversial. Prevention of Terrorist Activities Act (POTA) during 2002-04. This act Was supported by the NDA Government but later was scrapped by the UPA government. After the Bombay attacks of November 26, 2008 parliament enacted another anti-terror law known as Unlawful Activities (Prevention) Act. 1. 5. 3 AMBIT OF THE COURT JURISDICTION IN CASES OF DETENTION The court examines the validity of the law on the ground of competence of the legislature19. I. e. , whether the subject matter of the legislation is covered by the legislation entry relating to preventive detention under which it is purported to have been made. When a law of preventive detention is challenged before the court, the court has got to decide on a consideration of the true nature and character of the legislation whether it is really on the subject of preventive detention or not. The court examines the grounds specified in the order of detention to see whether they are relevant to the circumstances under which preventive detention could be supported. E. g. Security of India or of a state maintenance of public order etc. And set the detenu free if there is no rational connection between the alleged activity of the detenu and the ground relied upon such as public order. The court examines whether the grounds supplied have a relevant connection with the order and would examine the bonafide of the order and interfere if it was malafides, that is to say, if the law of preventive detention was used for any purpose other than that for which it was made20. The court examines the grounds communicated to the detenu to see if they are sufficient to enable him to make an effective representation. Chapter -III Conclusion and suggestions It is clear from the above description and case laws that administrative discretion is like a tool or weapon without which the flawless functioning of a modern government is not possible. So administrative discretion on detaining authority has to be exercised with great caution, keeping in mind the principles laid under constitution. Thus judicial review is like a check on the powers vested upon the administrative authorities and it helps to curb the misuse of power through wrong means. The constitution operates as a check and keeps the administration of government within the bounds of law. Since article 21 signifies that procedure prescribed by law to deprive a person of his personal liberty must be â€Å"reasonable, just and fair† it is therefore necessary that preventive detention procedure should be â€Å"reasonable, just and fair† and not fanciful or arbitrary. Thus the administration must follow strictly the procedural norms laid down in article 22(4) – (7) and also in the relevant preventive detention law. Suggestions Since discretion amounts to misuse, procedures for preventive detention should be tightened and not the removal of power of detaining authority. Writ of habeas corpus is a remedy against illegal curtailment of freedom of individual by the administrative authority of the state though writ does not punish administrator who is the wrong doer. The person concerned must be set at liberty from wrongful confinement, who can later proceed against the wrong doer in an appropriate manner under article 226 and 32 of the constitution.