Wednesday 27 August 2014

DIRECTIVE PRINCIPLES OF STATE POLICY IN INDIA

DIRECTIVE PRINCIPLES OF STATE POLICY IN INDIA
An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble.
The Forty-second Amendment, which came into force in January 1977, attempted to raise the status of the Directive Principles by stating that no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights. The amendment simultaneously stated that laws prohibiting "antinational activities" or the formation of "antinational associations" could not be invalidated because they infringed on any of the Fundamental Rights. It added a new section to the constitution on "Fundamental Duties" that enjoined citizens "to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities." However, the amendment reflected a new emphasis in governing circles on order and discipline to counteract what some leaders had come to perceive as the excessively freewheeling style of Indian democracy. After the March 1977 general election ended the control of the Congress (Congress (R) from 1969) over the executive and legislature for the first time since independence in 1947, the new Janata-dominated Parliament passed the Forty-third Amendment (1977) and Forty-fourth Amendment (1978). These amendments revoked the Forty-second Amendment's provision that Directive Principles take precedence over Fundamental Rights and also curbed Parliament's power to legislate against "antinational activities.”
The Directive Principles of State DPSP are Policy (contained in part IV, articles 36 to 50,) of the Indian Constitution. Many of the provisions correspond to the provisions of the ICESCR. For instance, article 43 provides that the state shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities, and in particular the state shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas. This corresponds more or less to articles 11 and 15 of the ICESCR. However, some of the ICESCR rights, for instance, the right to health (art. 12), have been interpreted by the Indian Supreme Court to form part of the right to life under article 21 of the Constitution, thus making it directly enforceable and justiciable. As a party to the ICESCR, the Indian legislature has enacted laws giving effect to some of its treaty obligations and these laws are in turn enforceable in and by the courts.
Article 37 of the Constitution declares that the DPSP “shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.” It is not a mere coincidence that the apparent distinction that is drawn by scholars between the ICCPR rights and ESC rights holds good for the distinction that is drawn in the Indian context between fundamental rights and DPSP. Thus the bar to justiciability of the DPSP is spelled out in some sense in the Constitution itself.
It was said by several members in the Constituent Assembly that the directive principles are superfluous or mere guidelines or pious principles or instructions. They have no binding force on the State. In his speech Dr. Ambedkar answered.
“ The directive principles are like instruments of instructions which were issued to the Governor in General and Governors of colonies and to those of India by the British Government under the 1935 Act under the Draft Constitution. It is proposed to issue such instructions to the president and governors. The text of these instruments of the instructions shall be found in scheduled IV to the Constitution of India. What are called directive principles is that they are instructions to the Legislature and the Executive. Such a thing is, to my mind, to be welcomed. Wherever there is grant or power in general terms for peace, order and good government that it is necessary that it should be accompanied by the instructions regulating its exercise.” It was never intended by Dr. Ambedkar that the Directive Principles had no legal force but had moral effect while educating members of the Government and the legislature, nor can it be said that the answer referred to necessarily implied with the Directive Principles had no legal force.


Administration of Justice (Theories of Punishment)

Administration of Justice (Theories of Punishment)
3. Reformative theory.
A crime is committed as a result of the conflict between the character and the motive of the criminal. One may commit a crime either because the temptation of the motive is stronger or because the restrain imposed by character is weaker.
The deterrent theory by showing that crime never pays separate the motive., while the reformative theory seems to strengthen the character of the man so that he may not become victim of his own temptation. This theory would consider punishment to be curative or to perform the function of medicine.
According to this theory crime is like a disease. . This theory maintains that you can cure by killing.
The ultimate aim of reformists is to try to bring about a change in the personality and character of the offender, so as to make him a useful member of society.
4. Retributive theory-
retributive punishment, in the only sense in which it is admissible in any rational system of administering justice, is that which serves for the satisfaction of that emotion of retributive indignation which in all healthy communities is strived up by injustice. This was formerly based on theory of revenge.-“tooth for tooth” and “eye for eye”.
Today, on the other hand, this theory is based on the idea that punishment is the necessary alkali to neutralize the evil effects of crime. The idea behind the retributive punishment is that of the restoration of the moral character, the appraisement of the disturbed conscience of society itself and the maintenance of the sovereign power of the state which becomes aggrieved when a crime is committed and inflicts punishment to set matters of right. Though the system of private revenge has been suppressed, the instincts and emotion that lay at the root of these feelings are yet present in human nature. Therefore, according to this moral satisfaction that the society obtains from punishment can not be ignored.
On the other hand, if the criminal is treated very leniently or even in the midst of luxury, as the reformative theory would have it, the spirit of vengeance would not be satisfied and it might find its way through private vengeance. According to this theory eye for eye and tooth for tooth is deemed to be a complete and really sufficient rule of natural justice.
In the last, we can easily say that the only logical inference from the reformative theory, if taken itself, is that they should be abandoned in despairs as no fit subject for penal discipline. The deterrent and disabling theories on the other hand, regard such offenders as being pre-eminently those with whom the criminal law is called upon to deal.
The application of purely reformative theory, therefore would lead to astonishing and inadmissible results. The perfect idea of criminal justice is based on neither reformative nor the deterrent principle exclusively, but the result of comprise between them.
In this it is the deterrent principal which possesses predominant influence. It will not be out of place to mention here that Gandhi ji “hate the sin and not the sinner”, is merely a philosophical assertion and can not furnish a practical guide in the administration of justice.


Administration of Justice (Theories of Punishment)

Administration of Justice (Theories of Punishment)
Punishment according to dictionary- involves the infliction of pain or forfeiture, it is infliction of penalty. chastisement or castigation by the judicial arm of the state. If the sole purpose behind punishment is to cause physical pain to the wrongdoer, it serves little purpose. However, if punishment is such as leads him to realize the gravity of the offence committed by him, and to repent at once for it, it may be said to have achieved its desired effect.
There are many theories of concerning the justification of punishment. It is clear that the philosophy of punishment will affect the actual standards of liability laid down by the law.
As SALMON observes, the ends of criminal justice are four in number, and in respect of the purpose so served by it, punishment may be distinguished as
  1. Deterrents
  2. preventive
  3. reformative
  4. retributive.
1. Deterrent theory-
punishment is before all things deterrent and the chief end of the law of crime is to make the evil-doer an example and warning to all who are like minded with him. According to this theory, offences are result of a conflict between the interests of the wrong-doer and those of society. The aim of punishment is to dissolve the conflict of interests by making every offence. “Avail has vargain to the offender” (famous words of Corne).
This theory has been criticed on the ground that it is ineffective in cases where crime is committed under severe mental stress. In such cases to punish the wrongdoer to deter him is meaningless.
2. Preventive theory-
punishment is, preventive or disabling. Its primary and general purpose being to deter by fear, its secondary and special purpose is wherever possible and expedient, to prevent a repetition by wrongdoer by the disablement of the offender. The most effective mode of disablement is the death penalty, which in practice, in time of peace, is confined to the crime of murder, though it is legally possible for treason and certain form of piracy and arson.
A similar secondary purpose exists in sub penalties as imprisonment and forfeiture of office, the suspension of driving licenses and in the old penalty of exile. The aim of this theory is not to repeat the crime the crime but this theory takes no note of criminal. It prefers to disable the wrong-doer from committing any more crime but it ignores one of the basic object of the criminal law, i.e. to reform the criminal.


24th Amendment Act 1971

24th Amendment Act 1971
In order to remove difficulties created by the decision of Supreme Court in GOLAKNATH'S case parliament enacted the 24th amendment Act. The amendment has made the following amendments:
  1. It has added a new clause (4) to article 13 which provides that 'nothing in this article shall apply to any amendment of this constitution made under article 368.
  2. It substituted a new marginal heading to article 368 in place of the old heading "procedure for amendment of the constitution". The new heading is "power of parliament to amend the constitution and procedure thereof."
  3. It inserted a sub clause (1) in article 368 which provides that "notwithstanding anything in this constitution, parliament may, in exercise of its constituent power may amend by way of addition, variation, or repeal any provision of this constitution in accordance with the procedure laid down in article"
  1. It substituted the words "it shall be presented to the president who shall give his assent to the bill and thereupon" for the words "it shall be presented to the president for his assent and upon such assent being given to the Bill." Thus it obligatory for the president to give his assent to the bill amending the constitution.
  2. It has added a new clause (3) to article 368 which provides that "nothing in article 13 shall apply to any amendment made under this article."


FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS
Constitutional guarantees for the human rights of our people were one of the persistent demands of our leaders throughout the freedom struggle. By the year 1949, when the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter, it had before it the ‘Universal Declaration of Human Rights, 1948.
The International Covenant on Civil and Political Rights,1966 (ICCPR) broadly referred to the inherent right to life and liberty and the right against arbitrary deprivation of those rights and its various aspects (Articles 6 to 14); privacy, family, etc. (Article 17); freedom of conscience and religion (Article 18); freedom of expression and information (Article 19); Right of peaceful assembly (Article 21); freedom of association (Article 22); rights of minorities (Article 27); etc. The International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR) broadly referred to the “right to work” and its various aspects (Articles 6 and 7); right to form trade unions for promotion of economic or social interests and the right to strike (Article 8); right to social security and social insurance (Article 9); family, marriage, children and mothers’ rights (Article 10); adequate standard of living, right to food, clothing and housing, freedom from hunger (Article 11); physical and mental health (Article 12); education (Article 13); compulsory primary education (Article 14) and culture (Article 15).
The treaty obligations under the covenant enjoined the State Parties to ensure these rights without discrimination and “to take steps” to promote them “to the maximum of its available resources”, with a view to achieving “progressively” the full realisation of these rights. The Directive Principles of State Policy in Part IV of the Constitution are indeed the precursor to economic, social and cultural rights specified in the ICESCR.


FUNDAMENTAL DUTIES

FUNDAMENTAL DUTIES
Fundamental Duties of citizens serve a useful purpose. In particular, no democratic polity can ever succeed where the citizens are not willing to be active participants in the process of governance by assuming responsibilities and discharging citizenship duties and coming forward to give their best to the country. Some of the fundamental duties enshrined in article 51A have been incorporated in separate laws.
For instance, the first duty includes respect for the National Flag and the National Anthem. Disrespect is punishable by law. To value and preserve the rich heritage of the mosaic that is India should help to weld our people into one nation but much more than article 51A will be needed to treat all human beings equally, to respect each religion and to confine it to the private sphere and not make it a bone of contention between different communities of this land. In sum, the Commission believes that article 51A has travelled a great distance since it was introduced in the Forty-second Amendment and further consideration should be given to ways and means to popularise the knowledge and content of the Fundamental Duties and effectuate them.
The most important task before us is to reconcile the claims of the individual citizen and those of the civic society. To achieve this, it is important to orient the individual citizen to be conscious of his social and citizenship responsibilities and so shape the society that we all become solicitous and considerate of the inalienable rights of our fellow citizens. Therefore, awareness of our citizenship duties is as important as awareness of our rights. Every right implies a corresponding duty but every duty does not imply a corresponding right. Man does not live for himself alone. He lives for the good of others as well as of himself.
It is this knowledge of what is right and wrong that makes a man responsible to himself and to the society and this knowledge is inculcated by imbibing and clearly understanding one’s citizenship duties. The fundamental duties are the foundations of human dignity and national character. If every citizen performs his duties irrespective of considerations of caste, creed, colour and language, most of the malaise of the present day polity could be contained, if not eradicated, and the society as a whole uplifted. Rich or poor, in power or out of power, obedience to citizenship duty, at all costs and risks, is the essence of civilized life.
Spirit of Harmony and Dignity of Women Some further thought needs to be given to clauses (e) and (f) of article 51A. Article 51A(e) desires the promotion of harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic and regional or sectional diversities and renunciation of practices derogatory to the dignity of women. It is couched in broad terms but it should be clear that attacks on minority communities or minority opinions are frowned upon. Respect for both are essential and the wording lends support to a broad humanism to cover such differences as may exist or better still, co-exist.
Two thoughts can be distilled. The first is that the objective will not be reached unless there is a determined effort to restrict religious practices to the home on the justified premise that one’s religion is a personal matter and is not conducive to mass assertiveness. The other is the status of women.
Lip service is being paid to the doctrine of gender equality. The fact remains that generally women are still regarded as inferior both home and workplace although the Commission has noticed an improvement, however dissatisfied it may be with the degree of the at improvement. It is necessary to separate religious precepts from civil law. Civil law as the name implies is a matter for society not for religious leaders and it would seem to us to be axiomatic that in matters of civil rights, laws of property and inheritance and marriage and divorce, although practices may differ, legal rights that accrue must be the same. For example, a marriage may be solemnised according to religious or social custom but the rights of a woman in the case of divorce must be the same no matter what her religion is.
Clause (e) of article 51A also seems to cover the need to regard all human beings equally. In this connection, it is necessary to consider the question of the upliftment of the Scheduled Castes and other disadvantaged sections of our society. The scourge must be eradicated. The Constitution gave us ten years to do the job; the provision has been extended to fifty years and we are in our sixth ten-year period but we are no nearer the goal. The discrimination is two-fold. It is economic-condemning whole sections of our society numbering millions to menial jobs as part of the evil of treating them as sub-human. We have provided for reservation of jobs to these people, we have even given them separate constituencies to represent them. It has created a vested interest in backwardness. The other adverse result is that it has had no effect on their status in society, which continues to be determined by birth and not human worth and human personality. It is this social stigma which still plagues our people and the struggle to restore to them basic human dignity has made no significant progress. While the Commission appreciates the context in which affirmative action became necessary, it feels that reservation of jobs and seats in the legislatures will not help this aspect of the matter.
It is quite clear to the Commission that the disease of considering human beings as high or low based on the accident of birth is a disease rooted in the mind and it is in the mind that the defences of a society based on human dignity and equality must be constructed. Logically this leads directly to the conclusion that the key lies in education. The time to begin training our young people to respect the National flag and sing the National anthem, to respect women, to hold all religions equal and deserving of as much respect as one’s own, to accept that all human beings are born equal and are entitled to equal treatment are among principles best taught by examples when the child is too young to understand but not too young to obey. The focus must, therefore, shift to education which has suffered from serious neglect. Schools restrict admissions on unacceptable criteria, teachers themselves are untrained and often politicised, as is the curriculum. Despite these hardships, many of our young people have done well.


OFFENCES RELATING TO PROPERTY

OFFENCES RELATING TO PROPERTY
1.Theft.
This offence is defined in section 378 of the Code and it relates only to movable property. Thus it can be said that the immovable property can not be made a subject-matter of theft. But sometime the property which is immovable, after it is taken out from the earth can be stolen, for example a tree so long attached to earth can not be made a subject of the offence of theft is complete. This term is defined as : whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent moves that property in order to such taking, is said to commit theft.
There are five exceptions to this definition.
The punishment for this offence is given in section 379 which says that the offence shall be punished with imprisonment to the extent of 3 years or with fine or with both.
2. Extortion.
This is defined in section 383 of the code which in short lays down that if one puts any person in fear of any injury and induces him to deliver any property or valuable security commits extortion. The punishment for the offence is shown in section 384 of the code which is the same as that for theft.
Main ingredients of the offence are-
(a) intentionally putting a person in fear of injury to himself or another: and
(b) Dishonestly inducing the person so put in fear to deliver to any person any property or valuable security.
The distinction between theft and extortion is
(a) In extortion the consent is obtained and in theft no consent is required,
(b) In extortion both the property movable or immovable may be the subject matter, but in theft only movable property can be stolen,
(c) in extortion the delivery is there by inducing fear while in theft the thief takes away the property without getting delivery from the owners and lastly,
(d) in extortion the overpowering of the will of the will of the owner exists. While in theft the element of force is absent.
3. Robbery and Dacoity.
In all types of robbery there is either theft or extortion, when theft or extortion becomes robbery is explained in section 390 of the code giving.
The offence of dacoity is defined in section 391 of the code as when five or more persons conjointly commit or attempt to commit robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amounts to five or move every person and aiding such commission in or aiding is said to commit dacoity’ thus it is clear that it robbery is committed by five or more persons or even it is attempted or aided by that number of persons it will become dacoity.
The punishment for the offence of robbery vide section 392 may extend to 10 years of rigorous imprisonment, but if it is committed on a high way between sunrise and for the offence of dacoity is given in section 395 which says that the offender may be punished with transportation for life or rigorous imprisonment for a term which may extend to 10 years and also be liable to fine.
4. Criminal misappropriation of property.
Section 403 of the code which says whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment which may extend to 2 years or with fine or both.
5. Criminal breach of trust.
This offence is defined in section 405 and its punishment is detailed in section 406 of the code.
The main ingredients to complete the offence are ;
a. Entrusting any person with property;
b. The person so entrusted;
    (i) Either dishonestly misappropriates or converts that property to his own use;
    (ii) Dishonestly using or disposing of that property in violation of;
(i) any direction of law in which such trust is to be discharged; or
(ii) Any legal contract made touching the discharge of such trust, this offence can be committed by carrier, whar-finger, ware housekeeper, clerk, servant, public servant, banker, merchant, agent, broker, attorney and the like.


OFFENCES RELATING TO PROPERTY

OFFENCES RELATING TO PROPERTY
6.Receiving stolen property.
This is the subject-matter of section 411 of the code which prescribes that the receiver of stolen property shall be punished with imprisonment for a term which may extent to 3 years or with fine or with both. From this it is clear that the receiver \of stolen property is punished in the same way as the person who actually steals the property vide section 379.
The essential requirements for convicting a person under this section are mainly two, one is dishonest receipt or retention of the stolen property and second is that he had knowledge at the time of receipt that the property was obtained in one of the ways as laid down in section 410
Section 412 deals with dishonestly receiving property in the commission of dacoity.
Section 413 lays down punishment for a person who habitually deals in stolen property;
Section 414 punishes the person who assists in concealment of the stolen property.
7. Cheating
This is a very common offence and is generally heard of in the society. It is dealt with in section 412 to 423. Out of this section 416 deals with cheating by impersonation which is punished vide section 419. Section 417 punishes for the offence of cheating and the last section 420 which is very commonly known deals with the offence of cheating and dishonestly inducing delivery of property. The punishment in this section is prescribed as imprisonment for either description for a term which may extend to seven years and also liable to fine.
The main ingredients of the offence of cheating are
(1) Description of any person;
(2) (a) fraudulently of dishonestly inducing that person;
        (i) to deliver any property to any person; or
        (ii) to consent that any person shall retain any property; or 
(b) intentionally inducing that person to do or omit to do anything which he would not do or omit if he was not so deceive, and which act or omission caused or is likely to cause damage or harm to the person in body, mind, reputation or property.
8. Fraudulent deeds and disposition of property.
This subject is covered in sections 421 to 424 and the subject in regarding benami transaction in fraud of creditors, that is, the offence consisted, in dishonest disposition of property with intent to cause wrongful loss to creditors. The offence may be against movable or immovable property. This is given in section 421 of the code. Sections 422,423 and 424 deal in the same way with an offence which defrauds creditors in different ways.
9. Mischief.
Ingredients of mischief as given in section 405 are as under ;
(1) Intention or knowledge of likelihood to cause wrongful loss or damage to the public or to any person;
(2) Causing destruction of property or any change in the same or in the situation;
(3) by such change the property must be destroyed or its value is diminished or its utility is marred. The punishments for this offence is inflicted vide section 426 and it is only punishment for 3 months or with fine or with both. Different types of mischievous are dealt in sections 427 to 440.
10. Criminal trespass.
Offences of this type are dealt in sections 441 to 460. The 3 essential heads of this offence are;
(1) Entry into the property which is in possession of other person without consent;
(2) if such entry is with permission then staying after the permission is withdrawn, that is , if the said entry was lawful in the beginning, but if one remains there unlawfully afterwards;
(3) The entry and remaining there unlawfully with the intention:
  (a) To commit offence;
  (b) To insult, annoy or intimidate the person who is in possession of the property.
This offence is defined in section 440 of the code. There are several types of trespass as house trespass, house breaking, and lurking house trespass.


Offences Relating To Property

Offences Relating To Property
Property is mainly divided into two parts, namely movable and immovable. Any offence which is committed in regard to any property whether it is movable or immovable is punishable under the provisions of the law of Crimes or the Indian Penal Code. These offences and the punishments relating to them are explained in details insections 378 to 460 of the Indian Penal Code, 1860 (Act No. XLV of 1860).
The offences which are mainly recognized in the said Code are ten in number.
  1. Theft.
  2. Extortion.
  3. Robbery and dacoity.
  4. Criminal misappropriation of property.
  5. Criminal breach of trust.
  6. Receiving stolen property
  7. Cheating.
  8. Fraudulent deed and disposition of property.
  9. Mischief.
  10. Criminal trespass


Organizing (Managerial Function)

Organizing (Managerial Function)
Organization is considered to be a strong base to establish any firm. Many scholars said that management function can smoothly run through effective organizing. In general term, Organising is explained as the way in which the work of a group of people is arranged and distributed among group members. The function of organising comprises of the determination of the activities to be performed, creation of departments sections and positions to perform those activities, and establishing relationships among the various parts of an organisation. The main intent of organizing is to build a framework for the performance of the activities of an organisation in a methodical manner. Sometimes organizing and organization are understood in same way but both are different. Organising is a function of management, while organisation refers to a group of persons who have combined to achieve some common objectives. The process of organising is basically to recognize and grouping of activities to be performed, defining and delegating authority, casting responsibility and establishing relationships to allow people to work jointly and successfully in order to accomplish organizational goals.
Good organizing functions can lead to the continuity and triumph of organization. When organizing function is not performed well, it can result in poor performance even though experts are involved in company's operations. The term organization denotes dissimilar things to different people. Basically, Organizing is the prime function of management that engages in developing an organizational structure and assigning human resources to ensure the accomplishment of objectives. The structure of the organization is the framework within which effort is synchronized. Organizing also involves the devising individual jobs within the organization. Managers take decisions about the duties and responsibilities of individual jobs, as well as the manner in which the duties should be performed.
Theoretical framework: Organizing is the function of management which go after planning. It is a function in which the harmonization and grouping of human, physical and financial resources takes place. Organizational function is important to accomplish various tasks. When analysing theoretical studies, many theorists gave their views on organizing function of management. Chester Barnard defined that "Organizing is a function by which the concern is able to define the role positions, the job related and the coordination between authority and responsibility. Hence, a manager always has to organize in order to get results. Another theorist, Louise A Allen stated that "Organization involves identification and grouping of activities to be performed and dividing them among the individuals and creating authority and responsibility relationship among them for the accomplishment of organizational objectives". Organizing being process, consists of departmentalization, linking of departments, defining authority and responsibility and prescribing authority relationships. The organization structure is the result of this process. Other group of researchers emphasized that organizing involves designing, structuring, and managing the work components to attain organizational goal. It is the process of determining what type of work is to be done, who is to do, how the tasks are to be grouped, who reports to whom, and where decisions are to be made. Major problem to realize goals identified in the planning process is structuring the work of the organization. Organizations are groups of people, with ideas and resources, working toward universal goals. The principle of the organizing function is to exploit the organization's resources in order to attain organizational goals. Bateman illustrated that manager must identify their levels, and then they can systematize the most important resources of the company, their employees (2002). This process can be accomplished by management team put personnel in different division department, and then conduct the training program for their employees, putting the group together into a productive team. Management should organize all the resources in order to implement action it made in the planning process. Management will decide the organizational structure through the process of getting organized. Then establish and maintain relationships, also allocate necessary resources (Burchielli and Bartram 2009). To decide the organization structure, managers should look at the different division or apartment, the corporation of staff; discover the appropriate way to deal with the tasks within the company. Management must divide the task that needs to be done, and assign responsibilities (Dauten et al.1958).
Major steps in organizing: There are many steps in organizing function of management.
  1. Consideration of objectives:
The first step in organizing is to understand basic objectives of the company. Objectives determine resources and the various activities which should be done and the type of organization which needs to be built for this purpose. Objectives also serve as guidelines for the management and workforce. They bring about harmony of direction in the organization.
  1. Identification and grouping of activities:
Another step is Identification and grouping of activities. If group members are to pool their efforts successfully, there must be proper division of the major activities. Each job should be accurately classified and grouped. This will facilitate the people to know what is expected out of them as members of the group and will help in avoiding extra efforts to perform the task.
  1. Assignment of duties:
After grouping the activities into various jobs, management team should be allotted to the individuals for ensuring assurance of work performance. Each individual should be given a particular task to do according to his ability and made responsible for that.
  1. Delegation of authority:
It is important to delegate the authority to the subordinates to show their output.
To summarize, organizing, as the stage of management process, solves the problem of an internal organizational structure of enterprise, managerial authority and responsibility division, as well as of selecting people and ways of performing business activities. The gist of many theorists is that organizing creates and maintains reasonable relationships between human, material, financial, and information resources by indicating which resources are to be used for specified activities and when, where, and how they will be used. The organizing process results in an organizational structure with precisely defined authorities and responsibilities.


Planning is the key of managment

Planning is the key of managment
Planning is the primary function of management. It is the important process of deciding business objectives and charting out the method to accomplish these goals. This includes decision of what type of activity is to be done, where to be done and how the results to be analyzed.
Theoretical review: Many theorists thoroughly describe the planning process of management function. Koontz and O'Donnel stated that "Planning is deciding in advance what to do, how to do it, when to do it and who is to do it. It bridges the gap from where we are and to where we want to go. It is an essence of the exercise of foresight. Another management theorist, M.S. Hardly explained "Planning is deciding in advance what is to be done". It involves the selection of objectives, policies, procedures and programs from among alternatives. Heying and Massie defined "It can be said that planning is first function of the manager in which he has to decide in advance action that is to be done." It is an intellectual process in which managers must have to use their imaginative mind. Planning is an attempt to foresee the future in order to get high performance.
Plans have numerous benefits. Planning enables managers to think ahead. It leads to development of performance standards. Plan forces management to articulate clear objectives. Planning makes organization to get ready for unexpected developments.
Planning includes various features such as Planning is mainly concerned with looking into future. In planning process, management team has to select suitable course of action under particular business environment. It means there are several ways to achieve objectives. Planning is done at all levels of the organization because managers at all levels are concerned with determination of future course of action. Planning is persistent and constant managerial function.
Nature of planning: planning is a rational approach, open system, flexibility and pervasiveness. It clarifies where one stands, where one wants to go in future and how accomplishes goal. Rationalist denotes a manager chooses suitable way to achieve the stated objectives and rational approach fills the gap between the current status and future status. Planning is an open System approach in which firm is an open system because it accepts inputs from the environment and exports output to environment. Planning accepts an open system approach. Open system approach designates that the gap between current and desired status and the action required overpassing this gap which is influenced by array of environmental economic, legal, political, technological, socio-cultural and competitive factors. These factors are vibrant and change with time. Therefore managers have to take into account the dynamic features of environment while using open system approach. Another aspect of planning is the flexibility of Planning: it means plan has ability to change direction to take on to changing situations without excessive cost. Many scholars said that the plans must be stretchy to become accustomed to changes in technology, market, finance, personal and organizational factors. However flexibility is possible only within limits, because it involves extra cost. Another feature is pervasiveness of Planning. Planning is persistent and it broadens throughout the organization. Planning is the primary management function and every manager at different level has to do planning within his particular area of activities. Top management is responsible for general objectives and action of the organization. Therefore it must plan what these objectives should be and how to achieve them. Similarly a departmental head has to develop the objectives of his department within the organizational objectives and also the methods to accomplish them.
Planning
Significance of planning process:
Planning has core value in all organization whether business or non-business, private or public, small or large. The organization which has mindset for future is likely to succeed as compared to one which fails to do so. Planning establishes the objectives and all other functions are performed to achieve the objectives set by the planning process. The company constantly interacts with the external dynamic environment where there is high risk and ambiguity. In this changing dynamic environment where social and economic conditions change quickly, planning assists the manager to adjust with and prepare for altering environment. Through rational and fact based process for making decisions, manager can lessen market risk and uncertainty. Planning focuses on organizational objectives and course of action to accomplish targeted goal. It facilitates managers to apply and organize all resources of the organization successfully in achieving the objectives. The whole organization is required to embrace identical goals and work together in achieving them. Planning establishes the goal and develops plan to attain them. These goals and plans become the standards against which the actual performance can be measured. Control involves the dimension of actual performance, comparing it with the standards and taking remedial action if there is divergence. Control makes certain that the activity confirms to plans. Hence control can be exercised if there are plans. Planning also enhances organizational effectiveness.
Types of planning:
Planning can be categorized as coverage of activities, importance of contents in planning, approach adopted in planning process, time dimension and degree of formalization in planning process.
Types of Planning
The planning activities at the corporate level which include activities of whole organizational are termed as corporate planning. Corporate planning is done to chase long term objectives as a whole and to create plans to accomplish these objectives bearing in mind the possible changes in dynamic environment.
Strategic planning sets future directions of the organization in which it wants to proceed in future such as diversification of business into new lines, planned growth rate in sales. It has three major characteristics such as it embraces all activities of organization, has long time horizon and successful implementation. Operational planning involves to decide effectual use of resources already allocated to achieve the organizational objectives such as adjustment of production within available capacity, increasing the efficiency of the operating activity by analyzing past performance. The long term planning is strategic in nature and involves more than one year period and can extend to 15 to 20 years. Proactive planning develops appropriate courses of action in expectation of likely changes of environment. Managers who adopt proactive changes do not wait for environment to change, but take action in advance of environmental changes. To get success, it is necessary to continuously review the environment conditions. In reactive planning, response comes after environmental changes occur. Informal planning is done by small organizations. This planning process is based on manager's experience, intuitions instead of methodical evaluation of environmental changes. This planning process is part of manager's normal activity.
Mainly two types of plans are formulated in management that includes standing plans and single use plans. Standing plans give guidelines for advance course of action and are used over a period of time. Standing plans are designed for situations that persist often enough to justify a standardize approach. Single use plans are intended for specific end when that end is reached, the plan is dissolved or devised again for next end.
Major steps in planning process:
The planning process is different from one plan to another and varies from company to company. Common steps in planning are mentioned below:
  1. Establishing goals or objectives: The initial phase of planning process is to establish the business objectives. These organizational goals are made by senior level managers after reviewing numerous objectives. These objectives are based on the number of factors like mission of the organization, abilities of the organization. Once management team establishes the organizational goals, the section wise or department wise objectives are planned at the lower level. Defining the objectives of every department is important and accordingly precise direction is given to the departments.
  2. Establishing planning premises: The next step in planning which involves establishing planning premises is the conditions under which planning activities will be done. Planning premises are planning statements that are the expected environmental factors, pertinent facts and information relating to the future such as general economic conditions, population trends, and competitive behavior. The planning premises can be Internal and External premises, Tangible and Intangible premises, Controllable and non-controllable premises.
  3. Deciding the planning period: After determining the long term objectives and planning premises, another phase is to choose the period of the plan. Some plans are made for a year and other plans are devised for longer period. There are many factors which influence the choice of a period. Lead time in development and commercialization of a new product. Big companies like an aircraft building company plans for a period of five to ten years where as a small manufacturer can commercialize his idea in a year. Another factor is time needed for recovery of capital investment or the payback period. The payback period also influence the planning period. Length of commitment already made also impact the choice of time span in planning. Researchers emphasized that the plan period should be made in such a way that it can fulfil the commitments already made. Identification of alternatives is important factor in determining time frame in planning. A particular objective can be achieved through various actions. Evaluation and selection of alternative is the next step which assess the alternatives with the support of the premises and goals and to choose the best course or courses of action.
  4. Developing derivative/supportive plans: After selection process of plan done, various plans are derived so as to support the main plan. These derivative plans are devised from the main plan.
  5. Measuring and controlling the process: It is advised that plans once established should not be executed unless its progress is monitored. Managers must have continually monitor progress of their plans so that remedial action can be taken to make fruitful plan.
Obstacles in planning process:
It is observed that many executives involve in implementing plans instead of spending time to develop effectively. It is founds that there are many barriers that inhibit planning process. In order for plans to be effective and to get the desired results, managers must recognize any potential barriers and make efforts to reduce them. Common barriers that hinder successful planning are as under:
The first barrier is incapability to plan or it can be said as inadequate planning. Managers do not have inherent quality to devise effective plan. Some managers are not successful planners because they do not have ability, education to develop planning for particular situation. Such incapability creates hindrance in planning process.
Another barrier is lack of commitment to the planning process. Planning process require hard work. Another cause for lack of commitment can be fear of failure. As a result, managers may choose to do little or nothing to help in the planning process.
Inferior information also creates hindrance in planning process. It is observed that poor information or of inadequate quantity can be major barriers to planning. Even though managers are proficient in planning but if they do not have latest information their plans will possibly fail.
Another barrier to planning process is failure to consider the long‐term effects of a plan because more emphasis is given to short term issues. This may result in preparing for the future.
If managers excessively depend on the organization's planning department, their plans may not be successful. Many companies have a planning department or a planning and development team. These departments conduct studies, do research, build models, and project probable results, but they do not implement plans.
In order to make effective plan, keep the planning process simple. It is advised to discuss the objectives of organization with top level team before preparing for plans and use participative approach in developing plan.
It can be concluded that management planning is the process to evaluate an organization's goals and create a realistic, detailed plan of action for meeting those goals. Planning is the continuous process of systematically making plans with the knowledge of the future, organizing the activities needed to carry out the plans and monitoring the results of the plans through comments. Planers must communicate plan to other staff members as why specific action is taken.

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