Organizational Socialization and Job Satisfaction

Organizational Socialization and Job Satisfaction (intoduction) Job satisfaction Job satisfaction is the way a person feels about his or her job (Jex amp; Britt, 2008). Job satisfaction is also the attitude a person possesses towards his or her job. A person may feel like his or her job is demanding, interesting, rewarding, or outright stressful, and demeaning. A person who is happy with his or her job demonstrates a positive attitude about the job. Several factors play a key role in how a person feels about his or her job such as emotional intelligence of management, work conditions, pay, promotions, compensation, advancement opportunities, benefits, communication, and recognition. Impact of Organizational Socialization on Job†¦show more content†¦The study supports the reciprocity of socialization between the newcomer and members of the workgroup as a significant factor of successful integration. Korte (2009) makes the observation that traditional human resources development (HRD) views tend to underestimate the dynamic social processes of members within the workgroup. The data of the study indicates that high-quality relationships have a positive effect on learning and incorporation into the workgroup and thereby the organization although the strategy is not uniformly applied across the workgroups of this company. These observations indicate a more strategic view for HRD that goes beyond socialization. HRD should serve the collective needs of the organization, not just the characteristics of individuals new to or established within the organization. Accordingly, HRD professionals should develop organizational models for learning, performance, and integration that develop effective social dynamics across the organization. These enhanced social dynamics are of significant strategic importance to HRD in organizations wanting to increase capacity, increase their competitiveness, and attract and retain new talent for future expansion. The Relationship between Organizational Commitment and Job Satisfaction The relationship between organizational commitment and job satisfaction has a very strong desire to have goals and values of the organization, a desire to belong to the organization and a willingness toShow MoreRelatedJob Satisfaction in Organizational Psychology1537 Words   |  7 PagesJob Satisfaction in Organizational Psychology Job satisfaction can be known to some people as an important element in their lives. If an individual is unhappy with their occupation it may affect other parts of their life. Job satisfaction can be seen in what one wants in a job as to what one has in their current job. Definition of Job Satisfaction Job satisfaction can be defined as an attitude or feeling one can have toward ones job. Job satisfaction is the extent to which people like (satisfaction)Read MoreJob Satisfaction1431 Words   |  6 PagesRUNNING HEADER: Job Satisfaction Team Paper Job Satisfaction Team Paper PSY428 June 21, 2010 Maria Cuddy-Casey Job Satisfaction Team Paper With today’s ever-changing, stressful environment individual job satisfaction is critical to the success of any organization. Today’s individuals are looking for more than a job; they are searching for a career that will challenge them, allowing them to grow and progress within the organization. They need a sense of accomplishment while allowingRead MoreMentoring Systems For New Hires1293 Words   |  6 Pages(Bozionelos, Bozionelos, Kostopoulos, Polychroniou, 2011, p. 446). Mentoring is a three way approach to support individual (protà ©gà ©), managerial/supervisory (mentor) and organizational needs, expectations and goals (Dunn Jasinski, 2009). Protà ©gà ©s can benefit from the mentor relationship through career recognition and satisfaction, while mentors can benefit through a rejuvenation of interest and engagement, increased power and position, and work related accesses (O’Neill, 2005). Bonzionelos et alRead MoreThe Role Of Professional Socializa tion During The Transition Period1686 Words   |  7 PagesIntroduction Professional socialization occurs when individuals are exposed to different socialization agents including clients, peers, faculty, healthcare professionals and family. The process of professional socialization is aimed at allowing individuals to communicate successfully. Students get the opportunity to learn diverse experiences by interacting with the agents, and this facilitates professional development. New graduate nurses have high turnover rates due to the gap in theory and practiceRead MoreIntroduction to Organizational Psychology1189 Words   |  5 PagesOrganizational Psychology Introduction Psychology is a social science, which entails the study of mans thinking and activities. Psychology applies in various fields that involving human kind, such as organizations. Processes such as employment, recruiting and socialization in an organization apply the psychology principle under workplace. Biological, social and psychological are the major principles used in organizations during the decision-making and recruitment process. Recruitment process Read MoreThe Value Of Ethical Conduct And Managing Diversity Essay1482 Words   |  6 PagesGlobal Issue: The Value of Ethical Conduct and Managing Diversity Review of Subject This essay explores what Organizational Behavior (OB) is and the value of ethical conduct, and discusses the methods of managing diversity taking into consideration socializing and organization culture. OB is a study of the people in organization, about how they work, and how they produce results. Organizational ethical conducts are those morally accepted by the employees, the customers, and the public. It could beRead MoreExecutive Summary : Lmg Inc.1731 Words   |  7 Pagesare socialization, culture, and leadership engagement. I have designed several recommendations that I will submit to the human resource department in hopes that through implementation of these practices we can change our course and begin to retain executives as well as all employees across the board. While a number of factors contribute to an executive’s performance and longevity in a role, I believe that strong onboarding programs can help improve the odds of success. The socialization processRead MoreLeading Org Final Exam Notes Essay1575 Words   |  7 Pagesperformed, pace of work activity Organizational amp; Physical Environment Stressors, Organizational (most prevalent is downsizing, reduced job security etc, additional workloads), Physical (due to excessive noise, poor lighting and hazards) Work-non-work Stressors, Time-based conflict (travel, rotating work schedules, woman as they do household stuff), Strain-based conflict (work stress affects home) Explain Karseck’s Job Demand-Control model of stress Active jobs – high demands but high levelsRead MoreCross Cultural Psychology And Social Psychology1723 Words   |  7 Pagesgroups†¦Ã¢â‚¬  (p. 5). Henceforth, cross-cultural psychology offers a viable paradigm for the assessment and development of strategies structured to mitigate conflicts that arise in organizational setting due to intercultural discord. While conflict has a tendency to negatively impact production and employee morale in organizational settings; shedding light on these conflicts also has the capacity to build relationships and foster transformational change within the organization. Recently, Major InternationalRead MoreRelationship of Counterproductive Behaviors with Job Performance887 Words   |  4 Pagesbehavior and OCB when the individuals feel the support of the organization, i.e., perceived organizational support (POS) and negative behaviors like CWB in a non-supportive organization (Scheuer, 2010). From this perspective the workplace deviance can be triggered with respect to the unfavorable or unsupportive working conditions. (Colbert, Mount, Harter, Barrick, Witt, 2004). Thus this leads to the organizational context that has to be taken into account in deviance research (Bennett, Aquino, Reed

Hr Respect - 1849 Words

HR ASSIGNMENT: CASE STUDY ANALYSIS Why doesn’t this HR Department get any respect? Prepared By: Nikhil Chandra, Section C, Roll No. 28064 Background of the case: ï  ¶ Luke Robinson is the Managing Partner – HR at Loft Securities. He joined the company over a year ago. ï  ¶ He is very upset with the problems he is facing at this workplace and is discussing them with his friend Kate Ross, who is the Vice President – HR of a successful PR Firm. ï  ¶ The new CEO had initially tried to support Robinson but now seems to not pay much attention to the role of HR in the organization. ï  ¶ Robinson has taken a number of steps to rectify the problems he is facing but none of them seem to be working for him. ï  ¶ He has not been able to rebuild the†¦show more content†¦just before Robinson joined Steps previously taken by Robinson to solve the problems: ï  ¶ He established (for the HR Dept): ïÆ'Ëœ A set of internal service standards ïÆ'Ëœ Performance guarantees ïÆ'Ëœ Ongoing customer satisfaction measurement programs. ï  ¶ Creation of Listening Ports: ïÆ'Ëœ He sent a member of his staff to each of the firms locations on a regular basis to hold office hours, answer questions and provide counseling. ï  ¶ Implementation of the HR Ambassador Program: ïÆ'Ëœ He assigned individual members of his staff to develop relationships with people in a particular area of the company, so that they would have a voice speaking for them within HR. ï  ¶ Regular schedule of meetings: ïÆ'Ëœ He set-up a regular schedule of meetings between himself and each of the firm’s business unit heads. ï  ¶ Assessment of HR: ïÆ'Ëœ He began a comprehensive assessment of the quality of HR Staff, both individually and collectively. He also fired two underperforming HR employees. ï  ¶ Drafting plans: ïÆ'Ëœ He drafted plans for a program to help educate all the company’s employees about the role of HR – specifically on how it could contribute to creating and upholding the firm’s strategy for success. Alternatives: ï  ¶ Meeting with Shargall first and then with the board: ïÆ'Ëœ Robinson should first meet with Shargall (as his voice counts the most) and brief him on what he intends to say to the larger group. This way he shall be able to fine tune hisShow MoreRelatedThe Significance Of Hr Managers Learning About Haptics Essay1698 Words   |  7 Pageshaptics and proxemics with respect to its importance in the field of human resource (HR) management. Inclusive of this study will be an identification of a few novel tactics with regards to training all employees about haptics and proxemics. Lastly, this paper will culminate with a deliberation concerning my thoughts on the importance of learning haptics or proxemics with respect to the workforce. Nevertheless, this study will commence by discussing the significance of HR managers learning aboutRead MoreDeveloping A Human Resource Development Strategy1621 Words   |  7 Pagesaspects of making a global move is to develop a Human Resource development strategy. There are many differences when making a localized development strategy opposed to an international strategy. When making this outline in regards to the United States, an HR specialist should make policies and strategies to find the right for a position, come up with a strategically way to offer benefits and compensation and all in all keep their employees happy. This is easy to accomplish in America since we are familiarRead MoreHuman Resource Issues And Innovations Portfolio787 Words   |  4 Pagesand innovations Portfolio Over the years in business HR have been looked at in positive and negative ways. Nevertheless, they are essential to the well-being of an organization. Some of the faultfinders don’t give HR credit for the significant contributions they make. Despite the negative feedback, HR department can gain respect by being brought to the table as a business partner and into the realm of strategic planning. As the senior VP of our HR department, I think by improving in the area of innovationRead MoreWhat Companies Should Do For Address Or Prevent Discrimination Concerns?1606 Words   |  7 Pagesresults as well as from the research we conducted as a part of the survey: ïÆ'Ëœ Company: o Should have clear mechanisms to search, investigate and solve discrimination concerns promptly while maintaining confidentiality. o Make â€Å"Respect for other employees† part of the company culture. ïÆ'Ëœ HR should: o Conduct regular diversity trainings and information sessions to educate employees of their Equal Opportunity Rights, procedure to raise concerns and information on how the concerns will be resolved. o EducateRead MoreFinding Dignity And Meaning Of Human Resources1378 Words   |  6 Pagesstrategic business decisions. A business is only as good as its employees, and an organization’s employees are only as good as their HR team. Becoming an HR manager will allow me to feel dignity and meaning in my life because I know I will be accomplishing so many things with my work. The ability to establish a sense of self–worth and self–respect and to enjoy the respect of others is necessary for a meaningful life. Work makes up a very large part of how we spend our adult lives our self-image can beRead MoreRoles And Strategies Of Hr1243 Words   |  5 PagesHR has taken on many different roles and strategies throughout its history. They have grown from trying to improve economic efficiency in manufacturing jobs to making a case for strategic workforce management. The need to align HR with the business has become more vital than ever. Financial markets exert persistent p ressure for growth, especially in evolving markets. Customers demand more and superior service at lower cost. And cost-efficiency, resource preservation and governing compliance haveRead MoreEthics And The Ethical Theory894 Words   |  4 Pagesethics attempt to identify rules and principles. Kantianism in the workplace is the ethical theory that refers to the obligation to perform moral duties to oneself as well as other individuals. This means that every person should be treated with respect. In addition, the rightness or wrongness of actions does not depend on their consequences. Utilitarianism refers when an action is right if the results of the action cause happiness to a greater number of people in society. A person should conductRead MoreWho Is a Line Managers?1709 Words   |  7 Pagesalso carry out activities that have traditionally fallen within the remit of HR such as providing coaching and guidance, undertaking performance appraisals and dealing with discipline and grievances. They also often carry out tasks such as recruitment and selection or pastoral care in conjunction with HR. The role of line managers in implementing HR processes Relationship between HR and the lineThe relationship between the HR function and line managers has been subject to a number of changes and tensionsRead MoreThe Cultural Barriers Of China1454 Words   |  6 Pagesseveral cultural obstacles hinder firms from adopting Western HR approaches fully. For instance, employee participation is not entrenched in the workplace despite being a trait of high performance in HR department. In approaching China, awareness of several cultural norms and values is necessary. Some of the most critical include the concept of face and harmony creation. Face-saving receives priority in China and it relates to respect, dignity and social role of an individual. Loos of face is takenRead MoreTrust Index Employee Survey And The Culture Audit892 Words   |  4 Pagescompany’s score, these include: credibility, respect, fairness, pride, and camaraderie (Great, 2009). A company’s credibility is based on how much trust its employees feel from management. Alton (2015) relates credibility to a manager’s ability to build relationships with their employees, to allow their subordinates to work autonomously and have their manager cultivate expertise. Respect is an easy idea to understand, but difficult to achieve. A company’s respect is measured by assessing the level of support

Classical Rome And Classical Greece - 1498 Words

The contemporary United States has been influenced by many ancient civilizations, mainly Classical Rome and Classical Greece. Even though Greece had a tremendous influence over our civilization, out of these two classical civilizations, I believe that Classical Rome has had a bigger impact on many aspects of the contemporary United States. In this essay, I am going to examine the political system, economic system, and the architecture of the Classical Rome Empire, and explain how these influenced the contemporary United States. The political system of Classical Rome was the base of the United States’ political system. Even though the founding fathers were also influenced by Classical Greece, Romans’ political system was developed to govern a larger population (Rome vs. US). The Romans were the ones to develop a form of government known as republic. In this type of government, officials are elected to govern the state and to represent the voters. Unlike the Greeks, whic h developed democracy, where citizens were allowed to directly participate in the decision making part of the government (Power, Politics, and You Enrichment). This type of government would work perfectly on a small civilization, but not in the US. In the United States, we vote to select our representatives because our population is very large. It would be very chaotic to allow every single citizen to participate; we would never be able to come to an agreement. In the beginning of the Roman Republic,Show MoreRelatedClassical Civilizations of Ancient Greece, Rome, and China Essay897 Words   |  4 Pagescivilizations of Greece, Rome, and China have done this, but what sets them apart from the others is their lasting significance and lasting impact they had on the world. For this reason, they are considered classical civilizations. To describe how Greece, Rome, and Han China are classical, there are three systems that are used; these are Economic, Social, and Political. Out of these three classical civilizations, Greece came first in history. An important invention of Greece was its plumbingRead MoreClassical Influences On Modern Films And Literature1171 Words   |  5 PagesVuong Khuat Classical influences on modern films and literature Classical Greece and Rome were ancient civilizations that existed 2500 years ago, and are regarded by numerous scholars as the foundation of humanities in various fields. In popular culture, Ancient Greece and Rome are portrayed substantially in books and movies; however, not many people are aware of how they also shape our thoughts, ideals, and motivations. Through an analysis of classical elements often portrayed in popularRead MoreAncient Greece And Rome Vs. Rome1179 Words   |  5 PagesClassical Greece and Rome were ancient civilizations that existed 2500 years ago, and are regarded by numerous scholars as the foundation of humanities in various fields. In popular culture, Ancient Greece and Rome are portrayed substantially in books and movies; however, not many people are aware of how they also shape our thoughts, ideals, and motivations. Through an analysis of classical elements often portrayed in popular media, this essay attempts to illustrate how the representation of a ncientRead MoreThe Classical Style Of The Ancient Greece And The United States1141 Words   |  5 PagesNeo- Classicism in France and the United States The classical style of the ancient Athens, derived from Ancient Greece and Ancient Rome in the 15th century, has had a universal impact on many cultures during previous time periods. The classical period reflected traditional forms focused on symmetry and elegance; it flourished during the time of the Renaissance through artist such as Michelangelo, Raphael, and Leonardo De Vinci. The artists’ main goal was to attain the absolute beauty in their artRead MoreThe Influence of the Greeks and Romans on Architecture894 Words   |  4 Pagestimelessness.† (Gehry, 2012). What Frank Gehry was trying to say in simple terms was our culture cannot do without proper appreciation of its classical roots and it goes without saying that the Romans and Greeks have influenced art and architecture with its classical style in a number of different ways. Allow me to give a definition for the word classical. â€Å"Classical† refers to any art or architecture modelled after ancient Rom an or Greek styles. In this essay I will be discussing what the word architectureRead MoreDifferences And Similarities Between Ancient Greece And Rome864 Words   |  4 PagesAncient Greeks and Romans, some of the similarities are their government and their arts and literature. Their first similarity is in their government. In Greece, Pericles was an important figure in Athenian politics between 461 B.C. And 429 B.C., during this time Athens expanded its empire abroad while democracy grew at home. The period of classical Athenian and Greek history was called the Age of Pericles. Pericles created a direct democracy, which is a system of government in which the people participateRead MoreClassical Greek Period The Anactoria Poem Analysis1489 Words   |  6 Pages Classical Greek Period: The Anactoria Poem Shaina C. Bretag Western Governors University #000700845 Initial Thoughts A1. Upon reading The Anactoria Poem, my initial thought was that this was a poem written by a man about a woman. He says most people think that the power and exquisiteness of a grand army or fleet is the most beautiful sight in the world, but it is in the eye of the beholder. My initial thought was that this is a love poem that illustrates the power of love or maybe even lustRead MoreComparison Between Roman And Roman Civilization1622 Words   |  7 Pages The fresco was based upon an event in the history of Rome famous at the time, the encounter between Pope Leo the Great and Attila the Hun. Although the fresco has historical inaccuracies within it, the fresco as an allusion to classical civilization was clear. Although the actual event was at Mantua, the picture implied that the event occurred at Rome, perhaps to evoke more strong memories of Roman civilization. The event marked the end of the Hunnic invasion, and represented one of the last momentsRead MoreClassical Societies Essay1135 Words   |  5 PagesClassical Societies Essay There is a tremendous amount of artwork from classical societies that still inspires artists and art enthusiasts today. Art can reveal an extensive amount of information regarding the culture of the society from which it was created. To analyze artwork in relation to the culture of the society, the artwork must be studied in a variety of ways. The artwork that will be examined will be the Parthenon from the Classical Greece period, the Nike of Samothrace from theRead MoreClassical Societies : China, Athens, And Rome Essay876 Words   |  4 PagesClassical Societies: China, Athens, and Rome: Review of Social, Economic, Political, and Cultural Situations The three areas of classical civilizations developed their cultural beliefs, lifestyles, political institutions, and social structures. However, there were significant similarities among them. Patriarchal values thrived in these civilizations. The male dominated family structure with loyalty and obedience heavily stressed in China s homes. Chinas Patriarchal society reinforced by Confucian

Judicial control over administrative discretion in preventive detention free essay sample

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