Rewriting a Disertation proposal Problem Statement Essay

Rewriting a Disertation proposal Problem Statement - Essay Example There have been a number of issues that lead to the marriages breaking up and ending up as divorces. The main question that needs to be answered is the techniques and steps taken by the Christian couples to sustain the long term marriages and the romance in their relationships. The main focus and problem that is aimed at being answered is the issues that the Christian couples have been through and how they navigate out of the issues and form a strong and strong committed relationship. Also another one of the main issues that have been faced in the current times is the weight that people give to various factors like fear, religious duties, companionate love and passionate love and the relationship that these have to the romance that people share with their better half. The reason why love develops between couples can provide a basis upon which continuing appreciation and admiration can support the marriage. The paper provides a clear understanding of the issues that are faced each day and the research brings out how couples have worked through their issues to resolve the problems and sustain their romance in the long term successful

Hobbes vs Rousseau Essay Example for Free

Hobbes vs Rousseau Essay In the 17th and 18th centuries, the Age of Enlightenment was an important cultural movement of intellectuals in Europe. Philosophers of the time interpreted many theories and concepts about man and inequality in civilization and also ideas about government and the ways in which society could be controlled. Many believed that humans were naturally good, while others believed that humans were inherently bad. The argument of nature has lasted throughout time without a definitive answer, but with centuries of philosophical arguments to aid in the understanding of our own human nature. Two important philosophers of this time period were Thomas Hobbes and Jean Jacques Rousseau. Both philosophers wrote about their ideas of human nature and the state of nature, also addressing equality within the state and the role government and civilization plays in man’s actions. While Hobbes had a very cynical view of man, believing man to be brutal and violent working only towards self-interest, Rousseau had a more positive view; depicting man as essentially good and compassionate, believing that only through society and civilization does man become corrupt. Although both philosophers’ arguments are well developed and supported, Rousseau’s understanding of the natural man and the state of nature is stronger than Hobbes’ opposing views. Rousseau’s positive view of human nature illustrates man as living in harmony with nature while Hobbes’ pessimistic view portrays man acting only for self-interest. Rousseau views the mankind as inherently good, capable of feeling compassion and pity for others around him as well as self-love. The condition of this natural man is a man without any forms of civilization, including clothes and language. Man is able to live individually, peacefully and in harmony when he is in this state of inh erent goodness. However, through civilization man becomes â€Å"wicked.† Oppression and dominance develop through the evolution of civilization, also creating inequality among men, destroying the harmony in which they lived. When man is able to satisfy his own needs, he is able to live peacefully (Rousseau 161). Through evolution of society, man is weakened and begins to depend on others to sustain his life, creating oppression and causing man to lose his natural goodness. Hobbes disagrees with Rousseau’s positive view of the nature of man, believing that men are instinctively violent and evil, acting only out of self-interest or for self-gain. He believes men are constantly in competition to become superior in worth or honor, creating continual jealousy and violence among each other. Hobbes believes that men are so brutal and wicked they are unable to survive as individuals but need a strong, central authority to force peace and cooperation among men. Hobbes states, â€Å"Without the terror of some power to cause them to be observed, are contrary to our natural passions, that carry us to partiality, pride, revenge and the like,† (Hobbes 106). Hobbes believes that in order to control man’s instinctive evil, they need to fear the law. Hobbes admits that inequality is a product of creating this commonwealth, but, unlike Rousseau’s idea of inequality in society, Hobbes says men are ignorant to the inequality, believing that the covenants create equal terms of law among men. This false sense of equality is able to control the violence and competition among men, allowing them to coexist more peacefully. So while Rousseau credits civilization to the destruction of peace and goodness, Hobbes does not believe man has any inherent goodness and thinks civilization is the only way to avoid war. Although Hobbes and Rousseau agree that in a state of nature men are equal, they have opposing views of what man is like in this state. A state of nature is a term used to describe a state lacking a form of government or laws. Rousseau believes in the state of nature, man lives individually in harmony with nature. Rousseau addresses this natural man as a â€Å"savage man,† stating that their actions are determined by their needs and these needs are met without the help of others. In this nature, men are peaceful and good. Men also have a natural sense of pity and compassion in this state (Rousseau 163). Because man lives solitarily, there is no one to dominate or control and thus no competition for power. Rousseau believes that this peace is sustained by the ability of the savage man to feel compassion, which allows them to govern the peace of their nature. However, this peace is diminished as inequality becomes prevalent through the progression of society. As property and family units evolved, man began to change his lifestyle and skills and talents developed (Rousseau 164). Families weakened man and woman in mind and body, causing them to rely on others to successfully fulfill their needs. This was the crucial part in development of oppression and domination, because inequality occurs when man becomes dependent on others to survive. Rousseau states, â€Å"But the moment one man needed the help of another; as soon as it was found to be useful for one to have provisions for two, equality disappeared, property appeared,† (Rousseau 167). The relationship between slave-master or worker-owner develop when men requires the help of another. Inequality creates oppression and domination, which, according to Rousseau, destroy man’s inherent goodness. Hobbes’ view of human nature contrasts Rousseau’s dramatically, seeing as Hobbes believed man to be naturally wicked and only through government systems are men able to live peacefully. Hobbes compares man to a machine, constantly in motion and always seeking something (3). He believes human nature is to act for their own self-interest, which causes men to be in constant competition for honor or worth, creating a state of war. Because Hobbes believes that men are constantly in a state of war, he believes that men are always trying to increase their power to be superior to others. He believes that in the state of nature where man is not governed by central authority, men are constantly in competition. Jealousy and competition among men make it impossible for men to live peacefully in a state of nature, creating the need for a strong, central authority to govern over the peace of man. Contrary to Rousseau, Hobbes believes that government is a way for people to â€Å"get themselves out of that miserable condition of war,† by governing peace that men are incapable of alone (Hobbes 106). Hobbes believes that through strong government, men are forced to coexist peacefully, because covenant creates a false sense of equality among men. Hobbes believes that men are incapable of surviving individually, unlike Rousseau who believes that men are better made to live individually. Their differing views of inherent behavior create contrasting conceptions of the state of nature. Based on their arguments of the nature of mankind, Rousseau’s explanation of man is more complete and logical than Hobbes’. In Rousseau’s view of nature, man is essentially good, able to survive on his own and able to peacefully coexist. This view of man could be considered naà ¯ve by some, but it must be considered that this man is also the â€Å"savage man,† a man before any form of civilization. Rousseau explains that a man is inherently good in a state of nature because he has no desire for power, but does feel pity. Rousseau goes into an in depth description of the development of inequality among men, describing oppression and domination developing and the ways in which these factors destroyed man’s intrinsic goodness. Man was unable to live individually in the new state of society, which destroyed their natural goodness. Being unable to live individually, they were forced to rely on others, which created domination and inequality, which leads to competition for power and corruption. The inequality also led to the diminishment of pity and compassion, which was crucial to man’s ability to peacefully coexist. Rousseau’s thorough time-line of man’s condition created a stronger and more agreeable argument than Hobbes’ pessimistic view of man.

Comparison of Drug Delivery Systems

Comparison of Drug Delivery Systems 1. INTRODUCTION 1.1. Current Status of Drug Delivery Systems During the past two decades, Drug development technology in Pharmaceutical Industry with innovations in formulation development have received a lot of attention. Drug delivery as an opportunity to extend product life cycles has indeed proved its place in the market with significant advantages of therapeutic gains as well as commercial success. In India drug development technology is still in nascent stage with academia and research institutes collaboration as main stay of the development of novel products. The main motto of Indian companies, in the development of newer pharmaceutical formulations by using NCE in order to achieve by providing cost effective, therapeutically effective with short term and long term options. While development in the oral route is still the main focus, pulmonary, cutaneous, transdermal and other multiple routes are gaining increased attention1. The application of modern technology in the field of drugs administered via oral, parenteral, pulmonary and intra-ocular finds a newer, better than the conventional dosage forms is an important era in the drug delivery. The health scenario in India demands Novel Drug Delivery Systems (NDDS) for more than 20 diseases and conditions for which rationale for such system is established. More than half of these conditions are prevalent in India and other developing and under-developing countries only and offer a great challenge and opportunity for the Indian Pharmaceutical Industry2. A number of drug delivery platform technologies currently exist that may be adapted to various drug molecules to yield superior medicines. Such medicines while offering obvious benefits to patients will also generate a more stable and patent protected revenue stream3. Although the drug delivery concept is not new, a great progress has recently been done in the treatment of variety of diseases. Targeting delivery of the drugs to the lesions and controlling the release rate at the site of action is the most important aspect of Drug Delivery System. Research is being carried out throughout the world at a great place, devising strategies for drug delivery to overcome biological barriers and the physiochemical properties of the modern drugs. Above all the prominence of drug delivery systems can be understood by the variety that out of the $250 billion worldwide value of pharmaceuticals, 10% is attributed to it4. In this context controlled drug delivery along with targeted drug delivery forms the essence of modern and future drug delivery systems. 1.2. Controlled Drug Delivery Systems As the name implies, CDDS serves two functions. First it involves transport of the drug to particular part of the body and the second function is that of the controlled release. The main advantages of Controlled drug delivery systems are: Maintenance of optimum therapeutic drug concentration in the blood with minimum fluctuations. Predictable and reproducible delivery for extended duration. Enhancement of activation duration for short half life drugs. Minimizes the side effects. Reduce the frequent dosing. Reduce the wastage of drug. Better patient compliance. 1.2.1. Oral Controlled drug Delivery Systems Oral controlled release technology was evolved with matrix technology. Several research papers in the 1950s and 1960s reported as simple matrix tablets or monolithic granules. In 1952, a new formulation â€Å"spansule† a timed- release formulation was introduced by Smith Kline French which launched a widespread search for other applications in the design of dosage forms. Advances in oral controlled release technology are attributed to the development of novel biocompatible polymers and machineries that allow preparation of novel design dosage forms in a reproducible manner5. For controlled release systems, the oral route has by far received most attention and success because of the fact that gastro-intestinal physiology offers more flexibility in dosage form design than other routes6. Apart from that owing to patient acceptance, convenience of administration, cost-effective manufacturing, and generally long product shelf-life is a continuous emphasis to develop oral formulati ons will persist. Some of the marketed oral controlled release products were listed in table no.1.1. Table No. 1.1. Marketed oral controlled release products7 1.2.2. Particulate Oral Drug Delivery System In any drug delivery system the use of carriers to convey a certain dose of the drug is important as drug itself. Various carrier systems in application till date are macromolecular drug carriers, micellar systems, liposomes, red cells and microparticulates. These were used to carry a wide variety of pharmaceutical agents in a number of different therapeutic situations. Among these chiefly microparticulate carriers has been accounted for an important potential application in the administration of therapeutic molecules such as sustained drug delivery in cancer and infectious disease or for the administration of gut labile drugs8. Moreover, due to their size microparticulates are not usually administered through intravenous routes but via alternate routes. Thus, inclusion of drugs in microparticulate carriers clearly holds significant promise for the improvement in the therapy of several disease categories. They serve many purposes9 such as: Protecting the incorporated components from degradation Controlling drug release Increasing adjuvancy Targeting to the specific sites. Due to the unique physiological conditions in the GI tract, the particulate systems are required to meet the following criteria before they can be used as effective oral delivery vehicles10. Firstly they should be resistant to undergo degradation in GI tract. The encapsulated drug in the particles need to be absorbed with high efficiency in GI tract to be therapeutically effective. Currently it is believed that, less than 1% of the particles can be absorbed after oral administration. 1.3. Biodegradable polymers and Mucoadhesion Mucoadhesive polymers Mucoadhesive polymers11 have properties to get adhered to the mucus membrane and hence capable of prolonging the contact time of the drug with a body tissue. The use of mucoadhesive polymers can significantly improve the performance of many drugs. This improvement ranges from better treatment of local pathologies to improved bioavailability and controlled release to enhance patient compliance. Ideal characteristics of mucoadhesive polymers12 It should be able to accommodate both oil and water soluble drugs for the purpose of controlled drug delivery. It should possess an optimum molecular weight to the mucoadhesive. It should demonstrate local enzyme inhibition and penetration enhancement properties. It should show specificity for attachment to an area or cellular site. It should show specificity and stimulate endocytosis. It should be inert and compatible with the environment. It should be easy and inexpensive to fabricate. It should have good mechanical strength. It should possess a wide margin of safety both locally and systemically. Microspheres can be defined as solid, approximately spherical particles ranging in size from 1 to 1000 ÃŽ ¼m. They are made of polymeric, waxy or other protective materials, i.e. biodegradable synthetic polymers and modified natural products such as starches, gums, proteins, fats and waxes. Microspheres are small and have large surface to volume ratio. At the lower end of their size range they have colloidal properties. The interfacial properties of microspheres are extremely important, often dictating their activity. Microparticles are of two types Microcapsules: The entrapped substance is completely surrounded by a distinct capsule wall. Microspheres: The entrapped substance is dispersed throughout the microsphere matrix are shown in the Fig: 1.1. Fig: 1.1. Differentiation between microcapsules and microspheres Microsphere carrier systems made from the naturally occurring biodegradable polymers have attracted considerable attention for several years in sustained drug delivery. However, due to short residence time at the site of absorption, the success of these microspheres is limited. By providing the drug delivery system a means of intimate contact with the absorbing membrane, these delivery systems would be advantageous which can be achieved by coupling mucoadhesion characteristics to microspheres and developing mucoadhesive microspheres13,14.

Lord of the Flies :: Lord of the Flies Essays

William Golding, in his fictional novel Lord of the Flies, has created one of the most stunningly elaborate, captivating works of American literature. It is a straightforward story of a few shipwrecked schoolboys that dramatically turns into a multifaceted tale of endless deceit, trickery and all out jealousy. It is in this story that three boys, Ralph, Piggy, and Jack, come to play the pivotal parts of leaders to a group of children who are fighting for the right of survival.   Ã‚  Ã‚  Ã‚  Ã‚  The first boy is Ralph, a fine example of morals, compassion and friendship. He is the first person on the island to take charge and the one who hold the group together. Ralph was elected the leader as soon as the group first came together. He was recognized as one person who courage to lead them home. On the vote for chief, Ralph said, “ ‘Who wants me?’ Every hand outside the choir except Piggy’s was raised immediately. Then Piggy, too, raised his hand grudgingly into the air. Ralph counted ‘I’m chief then’ '; (Golding 23). Ralph is chosen as leader because in the story Lord of the Flies, he symbolizes every good quality necessary to return home. The qualities are leadership, kindness, benevolence, and most of all, friendship. The second youth is known to the other boys as Piggy. Piggy is not like the other boys, in the fact that his sense of fun and adventure was replaced with that of worrisome and caution. He is a portly child, which brought on the name “Piggy.'; He also suffers from various ailments, such as bad eyesight and asthma. “He was shorter than the fair boy and very fat. He came forward, searching out safe lodgments for his feet, and then looked up through thick spectacles'; (Golding 7). Piggy symbolically represents every problem, every mistake that could be made, that might leave many young boys stranded on an island far out at sea. The final young man goes by the name of Jack Merridew. Jack is a hotheaded youth with a flair for leadership, and a temper to go along with it. Jack was the boy who wanted the position of chief from the start. In response to Ralph’s election as chief, “Even the choir applauded; and the freckles on Jacks face disappeared under a blush of mortification'; (Golding 23). Jack Merridew, from then on, was different. He detested Ralph and from then on was consumed by hate and jealousy toward everyone that followed the new chief.

Evolution of Management Thought

Corporate situation analysis 1. Overview of sales management(Group-1) Q. Assume that you are a regional sales manager of Bajaj Auto limited. And you are asked by your General a manager(Sales and Marketing) to submit your sales force strategy and tactics to achieve an increase in sales volume by 20% for the next financial year( make assumption if required) 2. ? Sales territories and sales Quota(Group-2) Q.Assume you are appointed as head of marketing of Saragam Aluminium Company, which is a new company, manufacturing and marketing aluminium extruded products, such as door, window and partition aluminium frames, heat sinks and control panels. Customers include household and business organisation. The factory is located in Hosur district of Tamil Nadu, and 38 kilometres from Bangalore. You are discussed with your CEO to initially focus sales and distribution efforts in southern regions, consisting of Karnataka, TN, AP, and Kerala. You are required to design sales territories to cover th e four southern states.Describe how do you go about your task? 3. Distribution in sales management(Group-3) Q. M/SMalhotra is a company making razorblades. They want to enter the market in Hyderabad and AP. Mr. Ramesh Kumar, their marketing manager, is one of the opinions that razor blades need selective distribution by a direct company distribution network. Discuss the merits of the suggestion and give right direction to Ramesh 4. Sales organising and staffing function Q. What kind of organisational specialisation within sales department do you recommended for each of the following companies? Group-4) a) The textile machinery manufacturing company diversifying into a consumer durable product such as auniquely designed table fan that can be used by household consumers and commercial firms initially in western India b) A SBU or business Unitof large company selling airconditioning and refrigeration products to households, cold storage and factories, commercial establishments like hot el, theatres, hospitals, and government organisation all over the nation, with wide range of products, such as room-air-conditioners, packaged-air-conditioner, Central air –conditioning plants, water –cooler, efrigerators, and cold storage plants (Group-5) Q. Some nationalised banks recruit only experienced persons or promote people from, within the organisation. Some other like ICICI banks and IDBI recruit extensively from management institute. Explain the difference in sources used by these financial organisations selling essentially the same kind of find of financial services and products 5. Sales force motivation and training(Group-6) Q. If you were an area sales manager, how would you motivate the following sales person? ) A high performing sales person, whose morale is down because he did not get an expected promotion as a marketing executive, although he has been consistently exceeding his sales target (or quotas) for the past four years. The main responsibiliti es of marketing executives are selling to a few key accounts, and coaching some sales trainees on the job b) An older sales person whose performance has been below expectation for past few years, although he had performed well in the past. He seems to have lost enthusiasm; although he has developed excellent relationship with a few key accounts from whom the company get good sales volume.

Old Wise Men Essay

Do all old men truly possess wisdom because they can see their death on the horizon? Wisdom is a valued trait in our society today. In both King Lear by William Shakespeare and Tuesdays with Morrie by Mitch Albom, the main characters were able to acquire wisdom after undergoing trials and tribulations. However, both of these men began their quest as completely different people. Morrie always emphasized the value of family and of love, while King Lear saw these qualities that could be used to boot his ego. Morrie was disappointed by the way things were in society, while King Lear did not care much about it and accepted it the way it was. Morrie viewed death as a natural thing and an ideal way to live, while King Lear still wanted to live life as a King despite giving and dividing his land between his daughters. Regardless of being very different character wise and beliefs, both King Lear and Morrie came to achieve wisdom by experiencing the fact of life; otherwise known as death. Both of these men differed in their values when it came to the life concept. Morrie believed that it was better to perish than to live a life without love, where he quoted â€Å"If you don’t have the support and love  and caring and concern that you get from a family, you don’t have much at all. Love is so supremely important. As our great poet Auden spoke â€Å"Love each other or perish†Ã¢â‚¬ (Albom 91). This quote shows Morrie’s view of love and has the opinion that it is better to die than to live a life without love. Although Morrie grew up with little love in his life, this is the reason why he emphasized the importance of love and family to him. Contrarily, King Lear believed that family only existed to serve his needs. â€Å"Tell me, my daughters, since now we will divest us both of rule, interest of territory, cares of state which of you shall we say doth love us most that we out  largest bounty may extend where nature doth with merit challenge?† (I.I.47-53). This quote illustrates King Lear’s feeling towards family. He set against his daughters against each other for his benefit. His love was conditional, even though Cordelia was his known favourite between his daughters he warned her. â€Å" How, how, Cordelia? Mend your speech a little, lest you may mar your fortunes.† (I.I.94-95). This quote shows the fact that he believed that love in a family that is one-sided, he should only receive love but should not give any. On the contrary, Morrie’s love for this family was unconditional and a two-way street. However, Lear realized the value of unconditional love when Cordelia returned despite after disowning and cursing her but he was too late. While Morrie learned the value of love through the lack of having it earlier o in his life, King Lear  would learn it through the death of his daughter. Both cherish family and life more after coming to terms with the concept of death, and realize the trouble of their society. Both King Lear and Morrie Schwartz also had different perspectives on life and society. King Lear accepted the ranking of his society, of course, since he was the peak of the â€Å"great chain of being†. â€Å"All I ask is that you provide me with a hundred knights for my own entourage. I’ll keep only the title of king†¦Ã¢â‚¬  (I.I.136-138). This quote depicts King Lear’s view of society and that he comes before the rest of society, depriving 100 knights form society for his benefit. Morrie, on the other hand, was disgusted with how his society was so materialistic. A quote from Tuesdays with Morrie, â€Å"Do you know how they brainwash people? They repeat something over and over again. And that’s what we do in this country. Owning things is good. More money is good. More property is good. More commercialism is good†¦we repeat it and have it repeated to us-over and over until nobody bother to even think other wise† (Albom 124). This quote demonstrates the disgust Morrie has with society and how it constantly promotes materialism rather than important values such as love, which is showed in this quote â€Å"You know how I always interpreted that? These people were so hungry for love that they were accepting substitutes† (Albom 125). This quote shows that Morrie believes that people are  materialistic because of a lack of love within their lives. Furthermore, King Lear realizes the disorder of his society during his hardships. â€Å"Thou rascal beadle, hold thy bloody hand. Why dost thou lash that whore? Strip thine own back Thou hotly lust’st to use her in that kind for which thou whipp’st her. The usurer hangs the cozener. ( IV.VI.152-57). This shows both his disgust of the social customs of his time and how it favors the rich and frowns upon the poor. Lear regrets not being a just king and mistreating the poor people because he was too greedy. He bawled â€Å"Poor naked wretches, whereso’er you are, that bide the pelting of this pitiless storm, how shall your houseless heads and unfed sides, your looped and windowed raggedness, defend you from seasons such as these? Oh, I have ta’en too little care of this!† (III.IV.30-34). Although Morrie was aware of the problems within his society and always fought against them, Lear only came to this conclusion and earn this wisdom through these tribulations. Morrie and Lear had contradicting views of death before they acquired their wisdom. First of all, Lear believed that he would die as a king and even with his old age he believed death was far in the distance, proven in the quote â€Å"All I ask is that you provide me with hundred knights for my own entourage. I’ll keep only the title of king†¦Ã¢â‚¬  (I.I.136-138). Lear did not believe in preparing for his death or saying goodbye to loved ones, as he still wanted to live like a king even after diving his kingdom  and wealth. On the contrary, Morrie believed that death should be accepted in life. â€Å"Oh yes, you strip away all that stuff and you focus on the essentials. When you realize you are going o die, you see everything much differently†¦Learn how to die, and you learn how to live†(Albom 83). This quote shows that Morrie though if more people lived as if they were going to die at any moment, then the world could be a more positive place. Morrie was also very optimistic and grateful for his disease and how long he had to say goodbye to everyone he cherished. â€Å"It’s horrible to watch my body wilt away to nothing. But it’s also wonderful because of all the time I get to say  good-bye.† (Albom 57) On the other hand, King Lear was coming to terms with his mortality. When Gloucester asked to kiss his hand he replied â€Å"Let me wipe it first, it smells of mortality.† (IV.VI.125-126). It shows that Lear found his new humbleness and acceptance through death. Morrie and Lear both achieved wisdom by coming to terms with their deaths. King Lear and Morrie Schwartz are very much alike, although they were completely different people before they acquired their wisdom. They were both able to attain insight and satisfaction through difficult hardships and becoming aware of the problems that are in their society. They have learned that if more people are aware of death and live everyday as if they were to die tomorrow, they would have more fulfilling  and satisfying lives. Through acquiring wisdom they realized the importance of their family, and love. They only differed in respect where Lear is filled with regret while Morrie gains a higher appreciation for it. Death is something that we all must accept and Lear and Morrie finally embrace it.

Balco Employee’s Union V. Union of India

BALCO Employee’s Union v. Union of India – Significance in Administrative Law. Administrative decision making has been a subject of great discussion since long. The application of a mind, which is in not a strict sense judicial, the presence of arbitral preferences coupled with the fact of discretion allowed to the executive in decision making, more often than not, carries the impression of whims and caprices being involved while such decision has been taken. Related essay: AK Kraipak CaseThe question of why at all this is so, is to be answered not from a legal but from a humanitarian standpoint. Each human differs from other and when subjective satisfaction of a group of individuals is concerned, the executive wing of the state in the present case; it is bound to happen that one there will be a number of groups who do not agree with the decision so taken for they have their own criteria’s and yardsticks to measure the same. Possibly, the same is the case with administrative decision making.When the Government is satisfied, based upon the material considered and issues involved, that a given decision is appropriate for a circumstances, it may equivocally be true that it may not satisfy each and every individual concerned with the similar set of issues and therefore there may arise a conflict. History is full of examples and is enriching day by day of the instances in which executive decisions have been challenged on grounds of they being arbitrary, suffering from mala fide, based on non-satisfactory grounds, irrational, to name a few of them.The study of one such instance forms the essence of this paper. The decision of the Government of India to disinvest M/s Bharat Aluminum Company Limited, popularly known as BALCO was challenged by the employees of BALCO , State of Chattisgarh and by some public spirited individuals before various High Court and finally before the Supreme Court . It was challenged that the decision to disinvest BALCO was contrary to the legal and social interests of the employees as well as certain other legal issues were raised by different parties .The present study is to analyse the judgment of the Supreme Court in the instant case with a critical angle and also trace its legal impact with a special focus on the impact it has made upon Administrative law. To introduce the case, it would be advisable to dwell in the broad frame the case dealt with rather than to deal with the precise fac ts and issues. To categorize, the case dealt with a challenge to the administrative power of the Government on the matter of disinvestment of its stake in a government company as regards the procedure followed while so deciding and also the provisions that needs to be examined while deciding the issue.On a broader level, an administrative policy was under a challenge before the Court. The precise impact that this decision, therefore, had was on the level of administrative discretion that the executive enjoyed in the selection of and following of a policy which had a vital impact on the economic position of the country . Nevertheless, the answer of the Supreme Court has been affirmative and it was categorical in mentioning that unless the policy adopted by the government suffered from the vires of illegality or malafide .Not stopping at this, the Court also gave a substantive reflection on the aspect of natural rights and their applicability as regards the choice of administrative po licy . For a detailed analysis and to have a diverse perspective, the study has been divided into different chapters which deal with a host of issues involved in the case and for having a varied dimension. II. A BRIEF DESCRIPTION OF THE FACTS OF THE CASE The case arose to challenge the validity of the decision of the Union of India to disinvest and transfer 51% shares of M/s Bharat Aluminum Company Limited (hereinafter referred to as ‘BALCO’).The case was filed by way of a writ petition by the BALCO Employees’ Union by filing Writ Petition No. 2249 of 1999 in the High Court of Delhi when upon the recommendation of the Disinvestment Commission, the Cabinet Committee on Disinvestment approved the sale of 51% of the shares of BALCO to private ownership and thus reducing the status of the company from a Government Company to a private enterprise . Further, upon the same issue, a Public Interest Litigation (PIL) was filed by one Dr. B. L. Wadhera in the Delhi High Cou rt and similarly writ petition filed by Mr.Samund Singh Kanwar in the High Court of Chattisgarh wherein different steps of the disinvestment procedure were challenged. With the filing of the writ petitions in the High Court of Delhi and in the High Court of Chattisgarh, an application for transfer of the petitions was filed by the Union of India in the Supreme Court and by Order dated 9thApril, 2001, the writ petitions which were pending in the High Court of Delhi and Chattisgarh were transferred to the Supreme Court . CONTENTION OF THE PARTIES (A) On behalf of the BALCO Employees' Union.Before disinvestment, the entire paid-up capital of BALCO was owned and controlled by the Government of India and its administrative control co-vested in the Ministry of Mines. BALCO was, therefore, a State within the meaning of Article 12 of the Constitution . Therefore, by the reason of disinvestment the workmen had lost their right and protection under Articles 14 and 16 of the Constitution. This was an adverse civil consequence and, therefore, they had a right to be heard before and during the process of disinvestment .The type of consultation with the workmen which was necessary was, whether BALCO should go through the process of disinvestment; who should be the strategic partner; and how should the bid of the strategic partner be evaluated. It was further submitted that the workmen had reason to believe that apart from the sale of 51% of the shares in favour of Sterlite Industries the Agreement postulated that balance 49% will also be sold to them with the result that when normally in such cases 5% of the shares are disinvested in favour of the employees the same would not happen in the present case . B) On behalf of the Union of India It was submitted that disinvestment had become imperative both in the case of Centre and the States primarily for three reasons: a. Firstly, despite every effort the rate of returns of governmental enterprises had been woefully low, exclud ing the sectors in which government have a monopoly and for which they can, therefore, charge any price. The rate of return on central enterprises came to minus 4% while the cost at which the government borrows money is at the rate of 10 to 11%.In the States out of 946 State level enterprises, above 241 were not working at all; about 551 were making losses and 100 were reported not to be submitting their accounts at all . b. Secondly, neither the Centre nor the States have resources to sustain enterprises that are not able to stand on their own in the new environment of intense competition . c. Thirdly, despite repeated efforts it was not possible to change the work culture of governmental enterprises .As a result, even the strongest among them have been sinking into increasing difficulties as the environment is more and more competitive and technological change has become faster. Further it was submitted that the wisdom and advisability of economic policies of Government are not am enable to judicial review . It was not for Courts to consider the relative merits of different economic policies. Court was not the forum for resolving the conflicting clauses regarding the wisdom or advisability of policy.III. A CRITICAL ANALYSIS OF THE DECISION Besides the dispute that arose between the employees and the Government of India, the major controversy that arose as regards the Union’s decision to disinvest was on political lines. It was an accusation by the state Chief Minister that there were irregularities committed by the Union in coming up to disinvestment decision as well as the decisions suffered from arbitrary exercise of power and malafide .Another important factor which can be observed from a careful reading of the decision is that though the case was primarily to challenge the policy of disinvestment as being adopted and followed by the Union of India, the matter, as decided by the Supreme Court, revolved primarily around the rights of the employees an d their consequent protection after BALCO had actually been disinvested . The Court declined to review the policy decision of the Union Government on the adoption of a policy of disinvestment though in fact it was tried to be justified on behalf of the Union as reflected from the submissions of the Attorney General .Thus it can be said that the Court actually did not, at any stage, examine the correctness of the disinvestment policy for India. The Court tried to evade deciding upon this issue and thus giving it a name of administrative policy, it was approved. It is also important to note while laying down the decision the significance of the judgment far transcended the specifics of the BALCO transaction as it enunciates far-reaching principles that will influence the tenor of jurisprudence on economic affairs for long.The most pertinent example is of the case of Centre for Public Interest Litigation v. Union of India wherein the disinvestment of Hindustan Petroleum Company Limited (HPCL) and Bharat Petroleum Company Limited (BPCL) was approved on the grounds that since the disinvestment of BALCO was already allowed therefore there is no case made out whereby it could be proved unsuited to the Indian context though, in reality the process of disinvestment was never in fact approved in the BALCO case based upon the merits of the case .It is important to note that in the specific case of the alleged malfeasance in the case of BALCO, the Court categorically stated that â€Å"the facts herein show that fair, just and equitable procedure has been followed in carrying out this disinvestment. The allegations of lack of transparency or that the decision was taken in a hurry, or that there has been an arbitrary exercise of power are without any basis. It is a matter of regret that on behalf of the State of Chattisgarh such allegations against the Union of India have been made without any basis.We strongly deprecate such unfounded averments which have been made by an officer of the said State. † Thus the judgment was not simply a strong rebuke to the credibility of the Chief Minister Mr. Ajit Jogi, it also served to forestall further challenges by state governments on the federal government’s prerogatives on privatization . Also, the Court circumscribed the extent to which matters of economic policy and disinvestment in particular, and consequently matters of policy, shall be scrutinized by courts .The Court was categorical in stating that ‘‘it is neither within the domain of the Courts nor the scope of judicial review to embark upon an enquiry as to whether a particular policy is wise or whether a better public policy can be evolved. Nor are our Courts inclined to strike down a particular policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical. Parliament is the proper forum for questioning such policy. Thus the Cour t held that such disputes were beyond the realm of judicial determination and were left to the legislature to have circumspection over such executive policies. Also, aware of the economic costs of the plant closure as a result of the judicial intervention, the Court for the first time declared that, ‘‘No ex parte relief by way of injunction or stay especially with respect to public projects and schemes or economic policies or schemes should be granted.It is only when the Court is satisfied for good and valid reasons that there will be irreparable and irretrievable damage can an injunction be issued after hearing all the parties. ’’ As a sort of warning, the Court sought to deprecate the excessive use of PILs as a medium to thrash government policies which were prima facie genuine and correct. It thus added, â€Å"the Petitioner should be put on appropriate terms such as providing an indemnity or an adequate undertaking to make good the loss or damage in th e event the PIL is dismissed. ’ It categorically held that ‘‘every matter of public interest or curiosity cannot be the subject matter of PIL. Courts are not intended to and nor should they conduct the administration of the country. Courts will interfere only if there is a clear violation of Constitutional or statutory provisions or noncompliance by the State with its Constitutional or statutory duties. ’ In regard to disinvestment specifically, it held, ‘‘The decision to disinvest and the implementation thereof is purely an administrative decision relating to the economic policy of the State and challenge to the same at the instance of a busybody cannot fall within the parameters of Public Interest Litigation. ’’ The Court also specified the contours of the rights of labour when policy changes were affected, for instance when the Government disinvests its equity in an enterprise.While holding that in the BALCO disinvestment case, the Government had exerted itself to protect the interests of employees of the company, more generally it was open for the Government, like any other employer, to take workers along, to keep them informed about prospective changes and to allay their apprehensions but, labour could not claim a right, either on the basis of natural justice or any other foundation, to be consulted, or the right to receive prior notice, or to be consulted at every stage of the process .The Court also specially held that ‘‘even a government servant, having the protection of not only Articles 14 and 16 of the Constitution but also of Article 311, had no absolute right to remain in service’’ and therefore the decision to change the control of the company from government to private hands was the sole prerogative of the government and could not be challenged by the employees. IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT It is true that the decision given by the Court in the BALCO cas e was based upon a sound appreciation of arguments, yet there are many implications which may follow pursuant to the decision.The major emphasis is on the policy of disinvestment. Though the Court did not go into the merits of the disinvestment policy per se yet, it did silently approve the policy to be followed by the Union . Thus the court supported the revival of the national economic with the support of private lines. The earlier policy of socialist economy, as upon which the Constitution was based and is as well enshrined in the Preamble, read with the State’s duty to avoid concentration of wealth in private hands as envisaged under the Directive Principles was not considered an appropriate solution for meeting the present day need i. . boosting the national economic growth . The observations of the Court on the aspect of natural justice may have been insignificant in terms of words spoken on it or portion of the judgment dealing with it yet; the impact which it has crea ted is enormous. The Court held that the principles of natural justice did not apply even in case the rights of the employees were affected as regards the change of their employer . They were not even given an opportunity to be heard and this was the sole bone of contention.For the very reason that Sterlite industries (the buyer) had given an undertaking that no employee of BALCO would be removed and the government had taken sufficient steps towards the protection of the employees, they had no reason to be heard. Employees, being connected with the manufacturing and other process in a much closer manner than any other body had, at least, the minimum right to put their views before the Court. Thus the participation of employees in the betterment of their organisation at the Board level was also discouraged.An important fact that may have evaded the critics was the method of computation of BALCO’s capital. Of the three different methods, the accounting method adopted for arrivi ng at the reserve price for the sale of BALCO was the one with the lowest result . It was never questioned by the Court. Thus it can be used in later cases before the Court that the method adopted by the Government is beyond judicial review too as it falls within the ambit of administrative discretion too . It may seem to be a remote issue nevertheless may be raised in the Courts.Further, the Court never did accept or uphold that disinvestment as a policy per se was a good policy to be implemented in the pursuance of national economic growth. Yet it was so stated in the later case wherein the disinvestment of HPCL and BPCL was challenged and it was contended by the Union of India that the policy of disinvestment was upheld by the Supreme Court in the BALCO case . These are some of the implications that may arise pursuant to the decision of the Supreme Court in the matter of the BALCO disinvestment process, as being conceived by the researcher.V. CONCLUSION The Supreme Court, in the celebrated case of Ram Jawaya Kapoor v. State of Punjab, observed thus, â€Å"the executive function comprises both the determination of policy as well as carrying into execution. The evidently includes the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact the carrying on or supervision of the general administration of the State† . Thus we find that the determination of policy has always been within the domain of the Executive.Therefore there remains no doubt that the government had the power to decide as to the adoption of a policy of disinvestment. It is this very precise reason that the same could not have been challenged successfully before the Court. Thus, it was challenged indirectly by taking the stand that such a policy would under the legal and constitutional rights of the employees of BALCO . Thus we find that the litigation, the reason for challenge and the motive behind such a challenge were flawed from its very beginning. The success of the petition was, therefore, never guaranteed.The main reason seems more of so political rather than legal, which initiated the present litigation. Nevertheless the Court was categorical in dealing with the issues. It laid to rest its critics while also issuing a stern warning that Public Interest Litigation should not be used as a means to invalidate policy decisions of government which in ordinary course were beyond judicial review. The Court also severely deprecated the action of the State officials who accused the Union Government of malafide and abuse without stating firm grounds for the same.On the aspect of the impact that the decision has created on administrative law, it can be said that it was not much except for the fact that it reiterated certain fundamental principles which had already been incorporated in the Indian legal stream. The fact of the administrative discretion and power to adopt and implement po licy decisions being beyond the scope of judicial review unless it suffered from illegalities or malafide was upheld .Further the Court upheld that there was no violation of principles of natural justice by non-hearing of the employees in the entire disinvestment process as it was purely a matter of administrative choice wherein the employees had no stake. It may be hard to adjust but seems to be a sound legal principle indeed. After all the rights of the employees were protected under different labour and industrial legislations no matter who the employer was. Thus accepting the fact that they had an interest in the management of the company yet, it was not incumbent or essential to take their views before deciding the entire process.The silent approval of the disinvestment process by the Apex Court also symbolizes the fact that the Court also feels it in the interest of national interests and the economy on the whole. This the Court expounded in a later case when it approved the s ale of HPCL and BPCL on similar lines as BALCO. Thus, on a whole, though the case may failed to give any novel concept, yet it is landmark of its own kind. It was an attempt on the part of the Court to define its own limits on judicial review. It also stretched the scope for the exercise of administrative powers in making policy decision. REFERENCESARTICLES: 1. Devesh Kapur and Ravi Ramamurti, Privatization in India: The Imperatives and Consequences of Gradualism, (Center For Research On Economic Development And Policy Reform, 2003, Last visited on September 7th, 2011). 2. Presentation on Disinvestment, as presented by the Union of India at the OECD CONFERENCE on Privatisation, Employment and Employees, 10-11 OCTOBER 2002, Turkey, Last visited on September 7th, 2011). 3. Shankar Acharya, India’s Macroeconomic Management In The Nineties, (As Prepared For Indian Council For Research On International Economic Relations, 2001, ; http://www. crier. org/; Last visited on September 7th, 2011). 4. T. N. Srinivasan, Economic Reforms and Global Integration, (Policy Paper, as presented to Center for Research on Economic Development and Policy Reform, Stanford University, 2001). 5. V. Sridhar, Battle over Balco, (The Frontline, Volume 18 – Issue 06, Mar. 17 – 30, 2001, Last visited on September 7th, 2011). BOOKS: 1. Jain & Jain, Principles of Administrative Law, (Wadhwa & Co. , Nagpur, 4th edition, 2003). 2. I. P. Messy, Principles of Adminstrative Law, (Eastern Book Company, Lucknow, 2003).