Two sides of the same coin Evaluating 74th Constitutional Amendment Act - Free Essay Example

Sample details Pages: 7 Words: 2048 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Two sides of the same coin: Evaluating 74th Constitutional Amendment Act Abstract: To strengthen the position of urban governance in a more organized manner, the government of India took a pivotal initiative through the enactment of the 74th Constitution Amendment Act. In this paper I attempt to analyse the role of 74th constitutional amendment in increasing the functionality, authority and efficiency of the urban local bodies, in terms of the powers rendered to the urban local bodies under the 74th constitutional amendment. I attempt to analyse the effective and efficient implementation of the 74th constitutional amendment by including a small case study of urban governance in the city of Chandigarh, Punjab. Don’t waste time! Our writers will create an original "Two sides of the same coin: Evaluating 74th Constitutional Amendment Act" essay for you Create order Introduction: The system of local service delivery through the means of local government bodies began with a Budget Speech by a member of viceroyà ¢Ã¢â€š ¬Ã¢â€ž ¢s council Samuel Laing, he proposed that local services should be based on local resources. Local governance bodies have been a part of Indian governance system since the British Era, the first Municipal Corporation was set up in Madras in 1688 followed by Bombay and Calcutta. In the beginning local governance bodies were mere implementation instrument of state governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s activities but since the introduction of the 74th Constitutional Amendment Act, there has been a change in this status quo. Since the early 1990s there has been a lot of initiative undertaken by the Government of India which were aimed at decentralisation of urban governance, this was the part of adoption of neo-liberal policies adopted by the government after facing failure of the state-led development model, as for under this model the governme nt kept its role secondary giving more importance to market oriented approaches. Under this step taken by the Government of India enactment of the 74th Constitutional Amendment Act, was one such initiative, this gave constitutional recognition to urban local bodies and a constitutional right to exist. AnewTwelfthScheduletotheConstitutionprovidesrecommendedlistoflocalfunctions. Under the 74th Constitutional Amendment Act, it requires the state governments of all the states to amend their respective municipal laws so as to increase the powers and authority of the urban local bodies, as quoting the line for the 74th Constitutional Amendment Act à ¢Ã¢â€š ¬Ã…“withsuchpowersandauthorityasmaybenecessarytoenablethemtofunctionasinstitutionsofselfgovernanceà ¢Ã¢â€š ¬Ã‚ . The 74th Constitutional Amendment Act provides a base to the state the ability to transfer certain responsibility and authority to the urban local bodies i.e. municipalities in order to provide a strong base for mu nicipal local governance in cities, in this regard several state government has amended their state legislature in the same regard. Under Jawaharlal Nehru National Urban Renewal Mission, it is mandatory to undertake the 74th Constitutional Amendment Act and implement in the respective state legislatures. It is under the article 243ZE of the constitution which requires all the state governments to review the existing municipal laws and either repeal or modify those which are inconsistent with the provision of 74th Constitutional Amendment Act within one year from the commencement of the Act.[1] 74th Constitutional Amendment Act in a nutshell: Features and Issues Features of 74th Constitutional Amendment Act 74th Constitutional Amendment has been constituted in congruence with the idea of new public management. Under this concept the major role the state play is of withdrawing itself from directly influencing the market activities and let demand and supply correct the course of market. One of the features of this concept is that the government breaks down the huge monolithic government beaurcracies, which refers to heavy decentralisation of responsibilities and authorities. According to my understanding the enactment of the 74th Constitutional Amendment Act is very much influenced by this characteristic of new public management. Before the enactment of 74th Constitutional Amendment Act the role of urban local bodies was merely of implementation of activities undertaken by state and national government. Constitutional status has been granted to the urban local bodies under the 74th Constitutional Amendment Act, under which a three tier structure of the urban local bodies has been env isaged. Formation of Municipal Corporation for larger area with higher populations the example of this can be Ahmedabad Municipal Corporation, and creation of municipal councils for smaller areas which includes towns like Upleta in Gujarat, and creation of village panchayats for villages that are in transitions to become towns. Under this amendment the governing members of the municipal corporation are being elected by the people through an election in a similar way in which the members of the lok sabha are elected, the election is conducted, managed and regulated by the state election commission. This indicates that the democracy has established deep roots in the political system of the country. Under article 243Y, it makes it mandatory for every state to establish a state finance commission as it is defined by article 243I. The function of the state finance commission is advising the Governor of the state regarding the distribution of funds between state and municipalities w hich also includes the revenue generated from tolls, taxes and duties. The state finance commission also acts as a auditing organisation which scrutinises the employment of the finances to the urban local bodies. The 74th Constitutional Amendment Act in its article 243ZD and 243ZE makes it mandatory to form committee for district planning in each district and committee for metropolitan planning in every metropolitan area. These committees endeavour to provide newer dimension for the role of citizens and its elected representatives in preparation of plans for their respective regions, infrastructure plan being it most important component. It is sometimes that cities in the same districts share certain natural resources or problems like allocation of water, waste management which might create overlapping situations; it is the function of committee for district planning to cater to such scenarios. Whereas committee for metropolitan planning caters to the increasing infrastructure an d amenities demand in metropolitan cities due to expansion of its boundaries or population. Under this act the urban local bodies are endowed with responsibilities for formulation and implementation of schemes for economic and social development, the subjects for the same have been specified under the 12th schedule i.e. article 243W. Issues in the 74th Constitutional Amendment Act The enactment of the 74th Constitutional Amendment Act marks a transformation in the role of urban local governing bodies in terms of the urban governing bodies being constitutionalised and substantial authorities being granted to them under the act regarding decision making to acquiring finance, but still certain questions remained unanswered. The first issue in implementation of the act is the identification and demarcation rural and urban areas. In states like Gujarat, West Bengal, Kerala, approximately two third of towns are non-municipal towns.[2] Even though these towns in these states have higher prevalence of non-agricultural activities these town are not recognised as cities and are still under the status of villages, this is because under the status of villages the state government can sanction grant for implementation of projects for rural development like MNREGA, NREGA etc. while on the other hand if these area are classified as cites the states would not be able to sanction money for such developmental activities from the government and the state itself will be responsible to provide grants for further infrastructure development in these newly formed cities. The implication of this is that the local bodies lose out on better sources of finance. Therefore due to the vested interest of the members of the political structure of the state barriers are created in the implementation of the 74th Constitutional Amendment Act. The 74th Constitutional Amendment Act makes the urban local bodies responsible not only for mere implementation of the state directives, but also makes them responsible for carrying out activities for social and economic development under 18 subject mentioned under schedule 12 i.e. article 243W, but the act does not make it clear how the three tier bodies i.e. municipal corporations, municipal councils and nagar panchayats will work in synchrony in order to accomplish this tasks. The act leaves it to the discretion of the stat e to work out the arrangement in this regard. One of the objectives of enacting 74th Constitutional Amendment Act was increasing people and private participation in urban planning, but due to public and private organisations being suspicious about the functioning of the urban local bodies, there has been no significant change in this regard. Case Study: Implementation of 74th Constitutional Amendment Act in Chandigarh I have adopted the following case study from an article by Deepak Sharma titled as: An Evaluation of 74th Constitutional Amendment Act: A Case Study of Chandigarh, India Background Chandigarh is a union territory and a joint capital of the state of Punjab and Haryana. With around 9, 00,000 population it is one of the fastest growing city. The municipal corporation of Chandigarh was formed in 1994 and its jurisdictional area is around 79.34 kms. The municipal corporation of Chandigarh came into being after passing of Punjab Municipal Corporation Law ordinance, 1994 under the Punjab Municipal Corporation Act, 1976. The functioning of the Chandigarh Municipal Corporation is done by formation of various committees that are allocated with different task for the governance of the city. The example committees under the Chandigarh municipal corporation are as follows: Water Supply and Sewerage Committee Roads Committee Slum Development Committee Fire Services Committee Environment City Beautification Committee House Tax Committee Finance Committee Contract Committee Report of findings Under the74th Constitutional Amendment Act, the urban local bodies is also been charged with activities of social and economic development for the empowerment of the citizen of the particular cities, but in Chandigarh there has been incongruence with the mandates of the act, where the Chandigarh Municipal Corporation has been partially endowed with such responsibility education and health and the Chandigarh administration maintains a monopoly, this lead to overlapping functions, and it is conceptually against what has been mandated in the 74th Constitutional Amendment Act. As per the 74th Constitutional Amendment Act, the members of the urban local bodies have to be elected by the people of the city, this what has been implemented in the Chandigarh Municipal Corporation as well, but as the members of the municipal board belong to different political parties, there has been difference of opinion regarding decision making and implementation of project, which in turn delays or eith er sabotages the developmental or infrastructural initiative by the Chandigarh municipal corporation at times, here there has not been a failure of the act, but this is because of different political parties acting as per their own vested interest. The municipal corporation in Chandigarh faces issue of funds accumulation because of two reasons. The first being that the funding grants are in the hands of Chandigarh administration which at times end up either blocking or delaying transfer of funds to the Chandigarh municipal corporation and the second being the inefficient state finance commission. Even if the funds are being allocated only a small fraction is employed in implementation of project as due to the layer of political agents that end up utilising funds from their own purposes. As mentioned above that the Chandigarh municipal corporation has been facing dearth of funds, one of the reason is that the municipal corporation has failed to recover tax arrears, majorly thes e tax arrears has been because there has been defaulters amongst liquor vendors and water tariffs. Thus this implies 1) there is an improper record system in the Chandigarh municipal corporation leading to arrears as large as $112,375,000[3], 2) extensive corruption. Conclusion: From the information about the enactment, features, flaws of the 74th Constitutional Amendment Act, and by presenting the case study of Chandigarh Municipal Corporation, I finally conclude that the 74th Constitutional Amendment Act is apt in its spirit of empowerment and decentralisation of function and responsibilities to the urban local bodies, but there lies an issue with the effective implementation of the act. In this regard the blame can be given to the still existing beauracratic structure of governance in India leading to rent seeking and red-tapping, but along with this there has been lack of awareness and motivation amongst the public which are an equal part of the governance system. Appendix: References [1] Article: Implementation of the 74th Constitutional Amendment and Integration of city planning and delivery functions. [2] Adopted from article: Features of 73rd and 74th Constitutional Amendment [3] Figure adopted from Article: Evaluation of 74th Constitutional Amendment Act: A Case Study of Chandigarh, India by Deepak Sharma

Beowulf vs. Gilgamesh - 1212 Words

Beowulf Vs. Gilgamesh The two cultures I chose to compare heroic values for are the ancient Mesopotamia and ancient Anglo-Saxon cultures. The texts I used in the comparison are Gilgamesh for Mesopotamia and Beowulf for Anglo-Saxon. Although they posses many similar heroic characteristics they also differ greatly. Beowulf is the earliest surviving epic poem written in a modern European language. It was written in Old English sometime before the tenth century A.D. The poem describes the adventures of Beowulf, a Scandinavian warrior of the sixth century. Beowulf is described as a perfect hero who fights for his people and vanquishes evil with his extraordinary abilities to bring peace and justice. Three of Beowulfs traits that support†¦show more content†¦The second text I will be using for this comparison is The Epic of Gilgamesh. The Epic of Gilgamesh was one of the first pieces of literature known to man. The epic was found among ruins in Ninevah in the form of twelve large tablets, dating to 2,000 B.C. The epic is believed to be based on the Archaic Sumerian king Gilgamesh who ruled the city of Uruk around 2700 B.C. The main character in The Epic of Gilgamesh is a very powerful man who is two-thirds immortal and one-third man. He too is thought to be a hero and possesses many of Beowulfs heroic values, but he also possesses many differences. Like Beowulf, Gilgamesh possessed great physical strength unmatched by any man. He also had insurmountable courage. Gilgamesh fought numerous battles that were considered impossible to win. Gilgamesh first destroys an evil monster known as Humbaba. Humbaba is feared by all who enter his cedar forest. Gilgamesh arrives and kills Humbaba with a sword given to him by the god Shamash. After killing Humbaba the goddess Ishtar sends The Bull of Heaven to destroy Gilgamesh. 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Big Family free essay sample

Coming from a big family I am used to speaking over someone else in order to be heard, laughing loudly to express my happiness, and sitting at the dinner table eating delicious food cooked my grandmother. Because the majority of my life is spent with my mouth open, sometimes even when I sleep at night, I want to be an orthodontist. I contemplated on the possible careers I would pursue in the future, but could not think of one that would fulfill me as an individual. I thought about what I enjoyed doing the most, or what I often found myself doing-smiling. I love smiling, and love making other people smile, and there is no better way to express your happiness than by showing off your pearly whites. There are many individuals who ashamed of their teeth, refuse to smile or cover their mouth when they do. I want to be able to help them with this problem, especially children because the world always looks brighter behind a smile. We will write a custom essay sample on Big Family or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In order to be fully prepared to become an orthodontist, and after browsing over the variety of courses offered at Boston University, I was interested in the pre-dentistry program offered at the College of Arts and Science. After viewing pictures and reading about the curriculum, I was convinced that Boston University would indulge me with a variety of knowledge in the liberal arts, and allow me to concentrate in science and pre-dentistry. I want to receive top quality education because one day I want to be able to fulfill my dream of having my own dental clinic and know that BU prepared me for it.

Success Factors Deploying Cloud Computing

Question: Discuss about the Success Factors for Deploying Cloud Computing. Answer: Introduction The report will discuss in detail about the concept of cloud computing. The concept is helping to reap a lot of advantages for the business. But with some benefits, there is some limitation also. It is important for the organization these days to understand all the aspects of the cloud computing so that they can make most of this business technology. The concept of this technology is almost for last ten years, and so many businesses are making this kind switch each day (Marston et al., 2011). At the time of understanding the power of the concept that helps in streamlining processes of IT which can make routine computing system very easier. Also, it is important for the companies to be clear about the concept before switching to this technology. The concept of cloud computing can be defined as the term for the usage of delivery of some services hosted on the internet. The concept ensures that the organizations can use the computer-based resources like virtual machine or storage or any application based on its utility and also the concept is quite similar to building as well as maintaining the computer-based infrastructures. The concept also boasts many attractive advantages for the businesses as well as the end users (Marston et al., 2011). There are numbers of advantages as well as disadvantages of cloud computing, and some of the advantages are self-services provisioning. The system helps the consumer to completely spin up the resources for any workload based on overall demand. This further diminishes the local needs for different IT-based administrators that provide a provision and also manage various computer based resources. The system is also very elastic for the organizations to be able to scale up as the main require ment of computing rises and some time further scales down the decrease in demand. This further diminishes the requirement for huge investments in domestic infrastructure which at the time or may not remain as active as expected. The companies can also pay as per the usage where one can compute different resources as per calculated at the basic level which permits users just for some resources and also kind of workloads they can utilize (Mell and Grance, 2011). The model of deployment related to cloud computing can be hybrid, private and public. Privately owned cloud services can be delivered from the data center of the business for internal consumers. The model also provides convenience as well as versatility where preserving the management, overall controls and securities to different domestic data centers are crucial. Some internally based users can be billed for the services with the help of IT chargeback services (Mell and Grance, 2011). In the public domain of the concept, there is the existence of third-party providers that have the capability to provide some cloud-based services over the internet. The public based services are usually sold as per the demand, and it is also charged per minute or in some cases hour. Consumers can only pay for the cycles in CPU, bandwidth consumed. There are number of cloud providers that consist of Amazon Web Services or IBM or Microsoft and Google Computer based Engine Comparative Analysis Following is detailed discussion of advantaged of cloud computing in business: Saving the costs: - the most important advantage of cloud computing is regarding saving cost for IT. There are businesses despite their size or type, presented to earn maximum revenue while keeping the capital as well as all kind of operation based expenses to the bare minimum. With the help of this system, organizations can save a lot of capital based costs with almost nil in-house storage for servers and also look for the requirement of applications. There is also the lack of on-premises infrastructure which diminishes the related operational based cost which is existent in the form of power, administration costs and also air conditioning (Zissis and Lekkas, 2012). It is also important to pay for what one can use and at the same time also disengage whenever they like. Therefore, there is none invested capital based on IT to think or worry about. It is a general misconception that just large companies can afford the usage of cloud, but in reality, cloud-based services are very affor dable for small organizations. Technology costs are usually minimal with a number of clouds-based hosting services that ensure that organization must use some extra amount of time as well as resources for improving the infrastructure of the company (Zissis and Lekkas, 2012). Reliable system: with a proper and managed service based platform, the concept of cloud computing is more trusted and also consistent with nature for many in-house IT-based infrastructure. There are a number of providers that offer an agreement at service level which further guarantees an accurate availability. The company can gain advantages from a huge pool of wasted IT based resources as well as rapid mechanism and failover at the same time. When any server failed and based on hosted applications as well as a number of services that can easily be transited to any current servers (Aljabre, 2012). Management: the concept of cloud computing provides increased as well as simple management of IT as well as capabilities associated with maintenance with the help of centrally based resources, infrastructure which is managed by vendors and also agreements which are backed SLA. IT-based infrastructure also helps in updating and also maintaining the present diminished resources which also has to be maintained by the company or the service providers. It is important to enjoy simple web-related users that interfaced to access software, services as well as application. It does not need many installations, and on SLA based level it makes sure that the guaranteed, as well as timely delivery of the work along with proper management and maintenance of all kind of IT, based services (Subashini and Kavitha, 2011). Strategic and competition edge: the resources of the computer are on rising and provide a competitive edge over other competitors since the time needed for the procurement of IT is practically nil by nature. The organization also has the power to deploy the mission in a critical manner that provides some significant advantages without any major cost as well as decreased time spent on the provision. The concept permits the organizations to completely forget about the current base of technology and also pay attention to key business functions and goals. It is also important to assist the companies in reducing the time required to the newer application on market as well as services (Subashini and Kavitha, 2011). Simple execution: the software allows the business to retain some application as well as business based processes without having to deal with other technologies at the backend. The system can be managed readily by the internet, and this system can be accessed by the company in much rapid and easy manner. Accessibility: the organization accesses the data at any place and at any time. An internet based cloud infrastructure increases the productivity of the organization and overall efficiency by making sure the application can always be accessed correctly. This permits easy association and also sharing the information among other users at multiple places (Liu et al., 2011). No need for any hardware: it is clear that everything Disadvantages of cloud computing in business can be hosted in the cloud; there is no requirement of physical storage places. At the same time, it is important to understand a backup can always help in case of events or any disaster that can leave the productivity of the company stagnant. Growth and flexibility: the system can be scaled easily with so many companies that can add as well as subtract the resources based on the overall needs. When companies develop, the overall system also grows along with them (Liu et al., 2011). Recovery in an efficient manner: the concept of cloud-based computing provides a much faster as well as correct retrievals during execution and the current data. With less amount of downtime, it is very efficient to have a proper and structure recovery based plan. Gaps Identified Following are the detailed discussion of disadvantages of cloud computing in business: Downtime: so the service based providers of cloud computing take care of different client's every day and this can be very overwhelming in certain cases and can be completely against the technically based outages. This further leads the temporary suspension of the business based processes. Also, when the internet connection is presently offline, one need to understand the overall access based on any applications and server or data from the system cloud computing (Xu, 2012). Security and safety: there are the number of cloud-based service providers that can execute the best standards for the security and industry-based certification, where storage of data and crucial files on external providers of services always opens some crucial games for risks. The usage of cloud-powered systems means that organization needs to provide the service provider, access to confidential data of the business. At the same time, the public service facility opens up the service provider to challenge the security on a routine basis. The ease, as well as a simple process of procurement and also accessing the services, can further give the number of nefarious users the capacity to scan as well as recognize and also exploit different issues and loopholes along with some vulnerabilities in the system. For example, in current multiple usages of cloud architecture uses multiple users that are hosted on the similar kind of server. At the same time, these kinds of loopholes and exploits will not be surfaced, and the chances of a compromise are not very promising (Venters and Whitley, 2012). Vendor based lock-in: so the cloud-based services and providers associated with it promise that the system will be very flexible by nature and also use and communicate the switching of some cloud-based services which are something has not been completely evolved up till now. Companies can also find it quite challenging to move the services from one vendor to another vendor. Integration and hosting of the present could create systems on another level can throw up many issues based on support as well interoperability. For example, applications that are developed on companies like Microsoft might not work in a right manner on the Linux platform (Venters and Whitley, 2012). A limited number of control: the cloud-based infrastructure is owned entirely as well as managed and monitored by a different kind of service based providers, and it also can transfer the minimum level of control over to the number of customers. The only control which customers can manage is the execution, service operations and data and above all backend infrastructure in itself. There are some major administrative based tasks like server based shell access or updating of management that cannot be passed to the consumers (Garrison et al., 2012). Less control: while moving the services on the system, organizations will have to understand that they are handing over the data and confidential information. The company must maintain an IT staff internally that will help in handling the issues personally. Unable to understand all the characteristics: it is important to understand that not all cloud-based services are similar by nature and some cloud providers tend to provide limited versions and also make sure the most popular characteristics only is highlighted. So organization may sometimes not receive every feature of kind of customization they are looking for. Before any signup, one must ensure that what service providers are offering (Garrison et al., 2012). The issue of redundancy: the system is not redundant by nature, nor it is properly backed up. When technologies fail to understand and also avoid getting burned by buying some unnecessary plans. However, it can be an extra cost, and in many cases, it will be worth it. Conclusion The concept of cloud computing was rapidly changing, and it will continue plays a rising important role for different kinds of organizations like non-for-profit or charities and other organization along with some critical IT based systems. It is important to understand, which system will move into the system and it will vary from one organization to another. In the end, since the technology is transforming fast and continuously one cannot tests the cloud-based solutions. It is an issue that makes it difficult or in some cases impossible for the current world to completely resolve for at least six months (Low et al., 2011). There are so many cloud-based tools that are being developed at all times and therefore if companies are not ready for the system, it is important to find a good cloud solution at a later time. Reference Marston, S., Li, Z., Bandyopadhyay, S., Zhang, J. and Ghalsasi, A., 2011. Cloud computingThe business perspective.Decision support systems,51(1), pp.176-189. Mell, P. and Grance, T., 2011. The NIST definition of cloud computing. Zissis, D. and Lekkas, D., 2012. Addressing cloud computing security issues.Future Generation computer systems,28(3), pp.583-592. Aljabre, A., 2012. Cloud computing for increased business value.International Journal of Business and Social Science,3(1). Subashini, S. and Kavitha, V., 2011. A survey on security issues in service delivery models of cloud computing.Journal of network and computer applications,34(1), pp.1-11. Liu, F., Tong, J., Mao, J., Bohn, R., Messina, J., Badger, L. and Leaf, D., 2011. NIST cloud computing reference architecture.NIST special publication,500(2011), p.292. Xu, X., 2012. From cloud computing to cloud manufacturing.Robotics and computer-integrated manufacturing,28(1), pp.75-86. Venters, W. and Whitley, E.A., 2012. A critical review of cloud computing: researching desires and realities.Journal of Information Technology,27(3), pp.179-197. Garrison, G., Kim, S. and Wakefield, R.L., 2012. Success factors for deploying cloud computing.Communications of the ACM,55(9), pp.62-68. Low, C., Chen, Y. and Wu, M., 2011. Understanding the determinants of cloud computing adoption.Industrial management data systems,111(7), pp.1006-1023.