Friday, January 10, 2020

Question arises on the Protests during the Citizenship Amendment Act (CAA) & National Citizenship Register (NCR) etc. in 2019 ?



Why ? our indian youth goes to astray due to some misleading statements of vote politics and ruine our cultural forte of Peace  and involve as a surge violence without  understanding the things. 

Unfortunately, a 21st century where we have entered in 2020, our indian youth is going so agressive due to some misleading statements of vote politics and take the decision in so early manner only having the belief on the rumours trending on the digital platform.

Due to which many questions arise in my mind as an indian and a law teacher that whether it is our cultural inheritance ? Have we not lose our Patience ? Is this not a big question that anyone can astray us to use by some misguided fake news trending on the digital mode ? Is it not our duty to analyse those as its own before making a wrong perception in our mind and evict the misleading facts done by miscreants from our society and thrive the brotherhood ?

Last days, many political activities done in our country and many important decisions have been taken an initiative by our Indian Government, whether it is a fast trial of AYODHYA Case, resolving the Jammu and Kashmir Problem, or having the CITIZENSHIP AMENDMENT ACT, 2019. All of the things have done by the indian government very caustiously. The result is that the AYODHYA and Jammu-Kashmir issues have resolved successfully by the indian government after managing some initial problems. But the misleading facts going on trending to the digital mode regularly in the other areas of india regarding the both for the vote politics. And the results were seeing soon, when a Protest was started in the Central Universities by the students against the fee increased. Perhaps no one knows, why and how it was become violent and turned up as the campaigning of against CAA (Citizenship Amendment Act) or NRC (National Register of Citizens).

It's seems the growing impatience and lack of positive aggression among the students or indian youth. It clearly shows the youth were not going to understand the burning issues on its own and make the illusions in their mind by the digital dependency which is used in the name of 'Freedom of Speech' by some miscreants or political leaders many times. I am not against the use of 'Freedom of Speech', but it’s a questionable manner to think that what the way we have used this freedom. Is it in favor of our nation or turned on the way of objectionable approach under which miscreants are being worked to ruine our culture of Peace and non-violence ?

It's time to re-think for the indian youth that while we have entered to 21st century, how could we tried to digitalize our country fast and how could it presented us internationally in united form on digital platform  and remit these negative rumours from where our society becomes astray sometimes based on religions and casteism ? Why we are not trying to use this digital era into a positive mode and how could we accept it as the early growth of our nation ? It's very unfortunate that after earned the lot of education, why our educational universities are fetched into the petty political issues which turn into violence many times ? And students forget the vision to earn education through which they could serve the nation. Instead of it, they are used as the weapons by miscreants due to their misguided digital dependency.

So, beware and thinks not to have puppet of the others and use their intellectual things which you have achieved after having a lot of education. Think, is it in favor of our nation or not which is doing by you in the name of 'Freedom of Speech' or 'Equality of law' ? And if when think out of the box using through your independent intellectuallcy, you will find the answers and all aspects of everything. Then, you can decide yourself which will be the right way of using the phrase of 'Freedom', i.e. to take decision on its own without any inducement which will also be beneficial for the nation building.


#lawguruashugupta

https://www.lawguruashugupta.in

Thursday, August 22, 2019

CAREER OPTIONS after having BA.LL.B., LL.B. or Law Graduation / degree in india ?


TODAY'S LIFE STYLE :
            
As we all know that this is the era of 21st century, and all we are doing the work in pressure which may be mental or sometimes physical also. Due to which we all are having lot of tensions during our work. But there is a thing to understand that if we will not work properly, how can we achieved our future goals ? And due to having tensions, we have already thinking about the failure which is also very harmful for getting our aims instead of their positive aspects. Because Negative thinking is always in-built in our character in the form of fear or failure when we do start a new project of our life. You can simply understand as an example :


HOW DOES THE AIM AFFECTED ?
           
In my childhood, when anyone said me to do the cycling which was beneficial for me to go to the school in time, I neglected this view, not because of that I didn’t want to drive the cycle, but because of I had fear that I will fall down. Then we will see that firstly my mind accepts the negative thinking of falling down. Thus we will see that firstly my mind accepts the negative thinking of falling down. But for the other side of this coin, I struggled too many times to leave this negative approach and finally, I learned to drive the cycle after getting many efforts of my mother. Hope, it will have happened to all of us.
            
By this example, I want to say that for getting an aim, firstly we have to hookup our fear of failurity and get up with a positive attitude. To get that aim with full 'energy', the most important thing is 'Strategy' means that to analyse the both sides of the coin that may also be 'positive' or 'negative' with analyzing our capability. Once you understand all these things that means you are ready to step down in the battlefield of 'Karma'.

CAREER CONFUSION OF THE LAW STUDENTS :

Now, in this article, I want to consider the futuristic confusion of our Law Students with positive aspects. In this era, Law is a very passionate profession among all the youngsters. But I regret to say that after having that passion, they have not any guidance regarding it. Due to which, they are being the part of the old system wherein they have no aim about future except traditional practice in which it is not so easy to get the new case for a new practitioner because of the lack of their experience. Sometimes, It's a very challenging and depressing for new cumors.
            
So, I would request all the becoming Lawyres and Advocates that read it carefully wherein I will try to guide you all the future aspects of the 'Law' Profession even with my experiences or knowledge. Hope, this will be very helpful to make your future bright. If you gain some guidance from this blog, then must have comment. It will be pleasure for me.  

ESSENTIAL CHARACTERISTIC CONDITIONS FOR LAWYERS AND ADVOCATES :
            
There is no need to take tension for this because of that 'Law' is a bombastic approach to do anything with a Passionate Profession. But there are some conditions to get the success which is very necessary to have you in your character. And in the lack of those conditions, you would be depressed. So I would like to inform you with all these characteristic conditions which must be necessarily in-built or developed in your character. If you have, then you would have maximum chances to get the success in the 'Law' Profession. But if you have not, then it's a time to develop these things in your daily routine through some practice.

Following are the main characteristic approaches which must have necessarily required for being a successful personality in 'Law' profession, wherein may have various fields :
  • 1.                  Positive Attitude,
  • 2.                  Clarity of Views,
  • 3.                  Good Legal Knowledge,
  • 4.                  Strong Communication Skills,
  • 5.                  Good grip on the Language,
  • 6.                  Honor towards the Profession,
  • 7.                  Honesty towards the clients,
  • 8.                  Confident Speaker,
  • 9.                  Good Listener,
  • 10.              Skillful Writing, and
  • 11.              Good Legal Drafting.
Thus, we see that these are the 11 amazing character keywords, which will boost you up
towards this today's trending Profession for getting the way of Success easily. So, without
wasting the time, I would like to say that thrown the negative views of your mind and be prepare yourself to get or develop the above skills in your character. I challenge you, success will be yours. Even if the field may be vary or of your choice.

CAREER OPTIONS AFTER HAVING LL.B., BA.LL.B. AND LAW GRADUATION / DEGREE IN INDIA :

           
Now the big question arises among the Law students that 'What can they do after having Law Graduation as a Career for making their future bright' ? So, I would like to clear all the students of Law that there are many opportunities or new emerging fields in which you can work according to your choice or the capability. But you must have to maintain the above 11 amazing factors to get the success in any field regarding the 'Law' Profession. Now we will discuss about the most precious fields in regard to the 'LAW' Students  :




1.         ADVOCATE / LAWYER :

        After having the Law Graduation, students can become an 'Advocate' after getting the enrollment with Bar Council of India (BCI) and affiliated with State Bar Council of   any State. Then, you could be appear in any court of india as an 'Advocate'. You can also get the internship as a 'Lawyer' or 'Trainee' with any Senior Court Practitioner or Senior Advocate and get the Practical approach at the time of your study.

           The basic difference between the term 'Advocate' and 'Lawyer' is that An advocate can appear before the Court in any matter, but 'Lawyer' can't do this. Because 'Lawyer' may be a Law Student or a 'Trainee' whose not enrolled in BCI.

             One thing is also there that when you will start working as an 'Advocate', you have to choose your choice of field which may be any one or more in the following :
  1. ·         Civil,
  2. ·         Criminal,
  3. ·         Taxation (i.e., GST, Income Tax, Custom and Excise etc.), and
  4. ·         Corporate (i.e., IPR, Trademark, Copyright, Cyber etc.)
             There is also an option that Law Students after having Law Degree to do the work with opting anyone of the below :
  1. ·         To join any 'Private Law Firm' as an Advocate. Or
  2. ·         To do the 'Private Practice' on its own hand.          

2.        'JUDICIAL' EXAMS :

Every state has conducted its own Judicial exams to recruit the new Judges on the post of 'Civil Judge (Junior Div.)' which is also known as PCS(J) and many more. It is the very passionate among the Law Students to become a Judge. So, you can also prepare yourself for this exam which is conducted in three formats :
           
           Objective (known as 'Pre'),
           Subjective (known as 'Mains'), and
           Interview.

Most of the syllabus subjects are same as you are studied in LL.B. But there is some difference in Subjects on the behalf of the State. So, first you have to choose your State Criteria, then find the subject syllabus of those states, then do your best efforts. The maximum age for this exam is 35 yrs. And the minimum age may be 21 which would be vary according to the State Norms. For appearing it, you must have passed the LL.B. Degree.

3.         HIGHER JUDICIAL SERVICES (HJS)  :
         
 The format and subject syllabus are same as the above. But there is some    difference in the eligibility criteria wherein you should have the LL.B. degree with the 7 yrs. experience to work as an 'Advocate'. And the age criteria should be 35 - 45 yrs..  After qualifying this 3 format exam, you will be designated as an 'Additional District  Judge'. So, you can also prepare yourself for this passion.






4.         PUBLIC PROSECUTION OFFICER (APO / PPO / APP) :

The format and subject syllabus are also same as the above. For this exam, you       should have the LL.B. degree. After qualifying this 3 format exam, you will be designated as 'Government Advocate'. So, you can also do this.






5.        INSTT. OF BANKING PERSONNEL SELECTION (IBPS) :

          You can also prepare yourself for this exam which is related with the Banks. After the selection of this exam, you will get the job as 'Law Officer' in any Bank. So, find it and do it.

6.         JUDGE ADVOCATE GENERAL (JAG) :

            This exam is conducted for 'Army Courts' (Court Martial) in which you can       only apply after having 1st Division in your LL.B. and can get the direct interview after      selecting through merit list. Maximun age should be 27 yrs. for this exam.

7.         NATIONAL OR STATE ELIGIBILITY TEST (NET / SET) :
       
If you have an aim to get the teaching profession, then after LL.B. you have to pass the LL.M. and prepare yourself for the NET exam whose syllabus criteria is also the same as above. After having LL.M. with minimum 55% marks, you can appear in NET/SET exam which is an Objective exam only. If you get qualified, then you could be designated as an 'Assitant Professor' in any Private or Government Law Colleges.





8.     JUNIOR RESEARCH FELLOWSHIP (JRF) AND DOCTORATE OF PHILOSOPHY  (Ph.D.) :
                        
           JRF depends on the NET exam merit list. If you get the selection in the merit list as JRF, then you can do your research work or Ph.D. from any Government Institution / University with the fellowship / Scholarship which is given by the Government. Otherwise you can do your Ph.D. after passing LL.M. with any Government / Private University. But it could also be done by your own behalf after qualifying the Ph.D. entrance tests.

       After Ph.D., you will achieve the 'Dr.' as prefix with your name and can do the work as researcher or writer and can associated with any University as an 'Associate Professor' or 'Professor'.

9.          LEGAL OFFICER  :

          Now an emerging is also open for new young Advocates to works as 'Legal Officer' in any Multi-National Companies or with any Governmental Agencies such as Roadways, PWD etc. So you can find it according to your suitable conditions.

10.       TO BE A GOOD POLITICIAN OR SOCIAL ACTIVIST  :
            
As you know that, you will be the aware about all the basic laws of our country after having Law Graduation and if your understanding would be mature with communicating the people, then you can be a successful Politician and works as a Social Activists also. And you could serve our nation.










HOW TO PREPARE YOURSELF FOR 'JUDICIAL' EXAMS WITH ALL LAW SUBJECTS :

If you want to get more regarding the preparation of the above exams, you can search on YouTube 'Law Guru Ashu Gupta' and Subscribe this channel with pressing the bell icon to get the notification of new Lecture videos. This channel will help you to give guidance or preparation tips on Judicial Exams with the Lecture series of all Law Subjects in form of Law classes. You can also search / follow on twitter, facebook and instagram to get more information regarding the preparation of Judicial and other Law Competitive Exams on the below links :


Hope, it will be very informative for all the Law Students and try to get the right direction according to their choices in the Legal Profession. If benefitted, then don't forget to share with me through your comment. I am always with you.

#lawguruashugupta


Thank You.



                           


           

Friday, August 16, 2019

What do you mean by 'Public Administration' ?

       Public Administration is a newly emerged discipline compare to other Social Science’s discipline. Public Administration has gained immense importance since the emergence of Administrative state. In Ancient Greek, Roman and Indian political system gave more importance to the concept of Administration. Kautilya’s “Arthasathra” contributed large scale in the administrative system; it deals every aspect of the state and its relation to subjects. In simple sense Public Administration is state mechanism. In every Political System administration have significant role.

            Meaning of Public Administration :

                        The word Administration has been derived from the Latin words ‘ad’ and ‘ministiare’ which means to serve. In simple language, it means the ‘management of affairs’ or ‘looking after the people’. In general sense, Administration can be defined as the activities of groups co-operating to accomplish common goals. It is a process of management which is practiced by all kinds of organisations from the household to the most complex system of the government. According to L. D. White, Administration was a ‘process common to all group effort, public or private, civil or military, large scale or small scale’.

                        Public administration is "centrally concerned with the organization of government policies and programmes as well as the behavior of officials (usually non-elected) formally responsible for their conduct. Generally, Public Administration has been used in two senses.

                        In the wider sense, it includes all the activities of the government whether falling in the sphere of legislature, executive or judicial branch of the government. In the narrow sense, Public Administration is concerned with the activities of the executive branch only.

                        L.D. White observes that although public administration varies in form and objects, and although the administration of public and private affairs differs at many points, there is an underlying similarity, if not identity. As an integral aspect of such generic concept, public administration could be related to that type of administration, which operates within a specific ecological setting. It is a means to carry out the policy decisions made by political executive.

                        To be seen along with it is the ‘Public’ aspect of Public administration, which attributes a special character and focus to it. ‘Public’ can be looked at formally to mean ‘government’. So, public administration is government administration, government in action, or a socio-economic and politico-administrative confluence, the focus being especially on public bureaucracy. Encyclopaedia Britannica defines Public administration as ‘the application of a policy of a state through its government.’ Public Administration, therefore, refers to that part of administration, which pertains to the administrative activities of the government. Now we will try to look into the definitions of Public Administration provided by various scholars.

                        According to Woodrow Wilson, Public administration is the detailed and systematic application of law. Every particular application of law is an act of administration.

                        According to L.D. White, “Public administration consists of all those operations having for their purpose the fulfillment or enforcement of public policy”. As per White, this definition covers a multitude of particular operations in many fields the delivery of a letter, the sale of public land, the negotiation of a treaty, the award of compensation to an injured workman, the quarantine of a sick child, the removal of litter from a park, manufacturing uranium 235, and licensing the use of atomic energy. It includes military as well as civil affairs, much of the work of courts, and all the special fields of government activity-police, education, health, construction of public works, conservation, social security, and many others. The conduct of public affairs in advanced civilizations requires the employment of almost every profession and skill-engineering, law, medicine, and teaching; the crafts, the technical specialties, the office skills, and many others.

                        According to Percy Mc Queen, Public administration is related to the operations of government whether local or central.

                        According to Luther Gulick, Public administration is that part of the science of administration, which has to do with the government; it concerns itself primarily with the executive branch where the work of the government is done; though there are obviously problems also in connection with the legislative and judicial branches.

                        According to J.M. Pfiffner, “Administration consists of getting the work of government done by coordinating the efforts of people so that they can work together to accomplish their set tasks”.

                        According to M. Ruthanaswami, “When administration has to do with the affairs of a state or minor political institutions like the municipal or country council (district board), it is called public administration. All the acts of the officials of a government, from the peon in a remote office to the head of a state in the capital, constitute public administration.”

                        According to H.A. Simon, D.W. Smithburg and V.A. Thompson, “By Public Administration is meant, in common usage, the activities of the executive branches of national, state and local governments, government corporations and certain other agencies of a specialized character. Specifically excluded are judicial and legislative agencies within the government and non-governmental administration.”

                        According to Corson and Harris, “Public administration … is the action part of government, the means by which the purposes and goals of government are realized.”

                        According to Dwight Waldo, “Public administration is the art and science of management as applied to the affairs of State.”

                        According to M.E. Dimock, “Public Administration is concerned with ‘what’ and ‘how’ of the government. The ‘what’ is the subject matter, the technical knowledge of a field, which enables the administrator to perform his tasks. The ‘how’ is the technique of management, the principles according to which co-operative programmes are carried through to success. Each is indispensable, together they form the synthesis called administration”.

                        According to Nicholas Henry, “Public Administration is a broad-ranging and amorphous combination of theory and practice; its purpose is to promote a superior understanding of government and its relationship with the society, it governs, as well as to encourage public policies more responsive to social needs and to institute managerial practices attuned to effectiveness, efficiency and the deeper human requisites of the citizenry”.

                        The traditional definitions of Public Administration, which are given above reflect the view that the Public Administration is only involved in carrying out the policies and programmes of the government. It reflect that it has no role in policy making and also locates the administration in the executive branch but today the term public administration is used in a broader sense that it is not only involved in carrying out the programmes of the government, but it also plays an important role in policy formulation and covers the three branches of the government. In this context, we may reflect on the definition offered by F.A. Nigro and L.G. Nigro. According to them Public Administration :

                        In this context, we can reflect the definition offered by F.A. Nigro and L.G. Nigro. According to them Public Administration :

•     is co-operative group effort in a public setting;
•     covers all three branches-executive, legislative, and judicial, and their inter-relationships;
•     has an important role in the formulation of public policy and is thus a part of the political process;
•     is different in significant ways from private administration; and
•     is closely associated with numerous private groups and individuals in providing services to the community.

      In sum, Public administration :

     is the non-political public bureaucracy operating in a political system;
•     deals with the ends of the State, the sovereign will, the public interests and laws;
     is the business side of government and as such concerned with policy execution, but it is also concerned with policy-making;
•     covers all three branches of government, although it tends to be concentrated in the executive branch;
•     provides regulatory and service functions to the people in order to attain good life;
•     differs significantly from private administration, especially in its emphasis on the public; and
•     is interdisciplinary in nature as it draws upon other social sciences like political science, economics and sociology.

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