English law is too generous to secured creditors. Discuss Essay

English law is too generous to secured creditors. Discuss - Essay Example For clarity, a definition of secured and unsecured creditors will first be established. Then, the discussion will proceed to the various laws and case laws proving that indeed, the laws of UK favours secured creditors. Likewise, the newer laws that are supposed to reform these unfair legislations favouring secured creditors will be addressed. Finally, a conclusion will be formed on the basis of the laws presented whether or not the adage is true. Secured and Unsecured Creditors To define well what secured creditors are, it would be best to first define its anti-thesis, the unsecured creditors. Unsecured creditors are individuals or companies owed money by other individuals or companies which have no recourse for an asset, collateral or fund for repayment in cases wherein default of debtor's payment occurs. On the other hand, secured creditors are generally those that have the benefit of having a security interest over the debtor’s assets. With regards to the English law, parti cularly in relation to the administration of liquidation of companies, insolvency and bankruptcy, the creditors that claims share in the asset are classified into two, i.e., the unsecured and the secured creditors. The former stands pari passu to the later in the event of insolvency or administrative receivership or liquidation. Simply put, secured creditors are treated favourably over unsecured ones in terms of recourse against debtor assets including employees ((Rapalje & Lawrence, 1997). Pertinent Laws on Secured Creditors English law referred to secured creditors numerous times since time immemorial. Most of these references showed favour towards them as opposed to unsecured creditors. The United Kingdom’s security law for instance, has weighed heavily in secured creditors’ favour. Likewise, in cases of insolvency, unsecured creditors rank behind the secured ones. Additionally, secured creditors having qualifying floating charge may have control over the manner of security to be enforced. Moreover, the English law allows secured lenders to enforce said security and step in via a business take over and run the debtor’s business in accordance to their preferences without any due notice given to other unsecured creditors. With these few examples alone, the adage â€Å"English law is too generous to secured creditors† is already being justified. In legislation, secured creditors are given the right to appoint their own â€Å"administrative receiver† in the same manner that they could also block an administrator should they find it necessary (Insolvency Act, 1986). As such, it becomes impossible for them to acquire the business without the intervention of 3rd parties. To prove further that the â€Å"English law is too generous to secured creditors†, several case laws will be discussed as evidence of this adage. All these cases basically revolves around the pursuit of one party to disregard the pari passu law that favors secured creditors over unsecured one, all to no avail. First case in point is the British Eagle International Air Lines Ltd v Cie Nationale Air France (1975). This is a case of English insolvency law that involves a company that winded up and disputes among creditors ensued. This judgment for this case decided it against public policy to vary insolvent estate’s claims and declare unlawful to contract against Insolvency Act of 1986. Thus, the sum due to Air

Assignment 2 Essay Example | Topics and Well Written Essays - 2500 words

Assignment 2 - Essay Example The strategic human resource management (SHRM) is not bounded or guided by some definite of rules. Rather the whole idea is to develop a human resource development model that is dynamic in nature. That can be changed and recalibrated according to the need and wants of the current business situation. The present research topic details the problems and challenges faced by the human resource development and the strategies that can be adapted to overcome such challenges. 2.0 Identification and explanation of the main Human Resource challenges facing any organisation The number of challenges an organisation has to face depends on the size of the organization since size matters more than the effects of the internal and external interferences. As the size of the organization increases, the number of challenges and problems also increases (Boxall, 1982). ... So instead only few challenges and problems are discussed which are important in the present context. 2.1 Problems is fixing compensation Compensation planning is one of the problematic areas. The reasons associated with compensation problem are one and many. The managers are sometimes not able to understand the best way to measure the efficiency of the employees. Due to the wrong choice or methodology to measure the employee efficiency, the managers at times have trouble to understand, the exact compensation level which correlates with the level of efficiency (Guest, 1999). This is the one of the most acute problem in the compensation management area. The managers do not revise the methodology to check the level of efficiency of the employee for long period of times. So even after there is significant improvement in the employee performance and efficiency, the managers still tend to follow the unrevised version to measure the employee efficiency. So the compensation fixed does not c orrelate with the employee efficiency. The managers are sometimes unable to understand the factors that motivate the employees. The different level of employee working in the organisation may not have the same kind of motivational factors. The management sometimes tend to follow a general guideline, which considers that all most all employees have the same motivational factors. For example the employees at the bottom level are motivated by material benefits more than the employees at the higher level (Hyman, 1987). For employees at the higher level, the recognition and the power allotted and the status granted matter the most. During the budget preparations the managers forget to factor in the fact that the current

Team Leadership Essay Example for Free

Team Leadership Essay One of the key facets of being a good manager is being able to bring people together that have many different personalities, and forge them into a team that works like a well-oiled machine. In the case of my marketing team, including myself I have four personalities, which to work from to put together a marketing team that will work efficiently with one another. The people in my marketing team were analyzed on the Jungian 16-Type Personality test, and the personality types in my group are two ESTJs, one ISTJ, and one ENTJ. These personality types are overall very similar to one another and that fact should make forming an effective marketing group that much easier (University of Phoenix, 2013). The first personality that I will analyze will be I and another person in my group, the ESTJs. ESTJ stands for Extroverted Sensing Thinking Judging, which means that people with my personality type are acute leaders who promote work ethics, responsibility, and standing up for the principles that one holds. ESTJs are particularly well suited for management or political office due to the fact that they make impersonal decisions quickly, and are very good at supervising those under them in order to accomplish goals. One theory that applies particularly well to those who are ESTJs is the collaborative leadership theory, which states that creating and working through strategic alliances and strong partnerships creates leadership roles that allow for great change and work to be accomplished within businesses, corporations, etc. Collaborative leadership is upheld not by formal institutions of leadership or communication, but by a complex web of interpersonal relationships that are essential to the proper functioning of the business. Since ESTJs are very good at making decisions quickly, a trait that is necessary in order to efficiently collaborate, the collaborative leadership theory is a theory that can be easily used to direct ESTJs. The next personality type that is to be evaluated is the ISTJ. Similar to the ESTJ in that the person has a great focus on taking in facts and making logical, clear decisions, the main difference is the way in which the ISTJ communicates to others. Being an Introvert does not necessarily mean that this person is shy; rather, being an Introvert usually just means that interpersonal communication takes more effort and energy to do effectively than Extroverts. ISTJs function on the principle of quantifiable, measurable means of data and actions, and thus are very effective at analyzing situations and processing a decision to be made and held to in a very short amount of time. ISTJs are very determined, and will usually pursue a job or a goal in an effective and efficient manner. When they see other people that do not follow through on their goals or responsibilities as the ISTJ would, this causes the ISTJ to become frustrated, as others inconsistency is something the inhibits their progress. The final personality type in my marketing group is the ENTJ, a personality type that often embodies the traits of leadership that are often looked for in managers. ENTJs are those personalities who become world leaders or powerful people, as they are unequivocal in their resoluteness to accomplish whatever goals are set before them or by them for their own sake. ENTJs are decisive, and have the inborn ability to delegate and assign roles to their peers efficiently, traits that management and leadership laud and constantly search for. In the midst of conflicts, problems, or any other kind of issue that arises before and ENTJ, they remain calm and persistent in their efforts to take care of the problem in a manner that will efficiently close it. The situation in which my marketing team is one where we will need to come together in order to accomplish group goals that will be set by the leader of the group. Since all of the personalities in the group share common characteristics, the TJ part of their personality test, then it would follow that our group will be able to easily and efficiently communicate and work together on these goals. The urgency within the group will be to find and make someone a leader, establish goals, divide and assign labor, and then begin work on those goals. Since all four people in the group could possibly be an effective leader, picking a leader will not be an especially urgent task, as each group member has a personality type that is conductive to being self-motivated and accomplishing tasks that have been set before them. The matter that will be of the most urgency is the division of labor within the group, because one of its biggest strengths, the above-mentioned fact that all members could be possible leaders, is also one of the groups biggest possible weaknesses. Making sure that everyone knows his or her job and that no one bumps over into someone’s work territory will be an important first step for my marketing team to take (University of Phoenix, 2013). Since I have been chosen to take charge of this group, I will use the fact that all of us in the group share the TJ characteristic to being communicating the different duties that will be assigned to each person. By dividing the labor and clearly establishing who needs to do what, and what lines are to be drawn, the members of my group will be able to operate within clear guidelines that all of our personalities tend to crave. Two leadership theories that will be able to be practically applied in this situation will be the theories of relational and collaborative leadership. Relational leadership theory focuses on the importance of the relationships that are established in leadership roles. Making sure that the relationship between me and my co-workers, and my co-workers and themselves is an essential facet of having a successful team. Without the trust and confidence that is given through effective and meaningful relationships, leadership in a group such as this will be difficult to exercise. The collaborative leadership theory applies here because in such a small team, making sure that everyone is collaborating on work is a critical part of making sure that everyone is on the same page. In conclusion, I believe that the teams of people that have been assigned to me as my marketing team are serendipitously set to be a powerful and effective team. As our personality types are congruent and conductive to the kind of work that will be taking place, being a leader among personalities that understand and know leadership qualities will be an interesting and  fulfilling task. The urgency of dividing labor and establishing leadership can be assuaged by applying the leadership theories that have been mentioned, along with the communication and relational focus that is necessary for leadership in this kind of situation. Being a leader in a group of leaders can sometime cause issue, but with time and effort, this group can become a well-oiled work machine that every manager lives to see.

Balanced And Well Rounded Education Education Essay

Balanced And Well Rounded Education Education Essay According to the mission of Singapore Education, the purpose of Singapore Education is to provide our children with a balanced and well-rounded education, develop them to their full potential, and nurture them into good citizens, conscious of their responsibilities to family, society and country. (http://www.moe.gov.sg/about/yearbooks/2005/pdf/mission-vision.pdf) Eventually, they would become the future leader who would make the right decision for their nation in future. Thus, the Desired Outcomes of Educations (DOE) is being introduced at 3 key stages, namely primary, secondary and post-secondary. It acts as a checklist or common purposes for the educators to help students strive towards the mission of Singapore education. To better achieve the desired outcomes of education, Teach less, learn more (TLLM) comes into picture in 2005. At the National Day Rally in 2004, Prime Minister Lee Hsien Loong called on our teachers to teach less, so that our students could learn more. (http://www.moe.gov.sg/about/yearbooks/2005/teach.html). This policy is focusing on improving the quality of interaction between teachers and students. The aim of this policy is to drive Singapore education to a direction where teachers only act as a facilitator, nurturing students to become self-directed learners and individuals who are capable of think independently. Teach Less, Learn More is a call to re-examine the fundamentals of teaching and learning why we teach, what we teach and how we teach. (http://www3.moe.edu.sg/corporate/contactonline/2005/Issue13/glossary/glossary.htm#ttml) TLLM reminds teachers that their responsibility is to stimulate the students passion in learning so that students are willing to take up challenges that come to them. Disseminating the information to the students should not be the only way to teach. Teachers should always check for the understanding of students by relating them with the materials. Other than that, teachers should help students learn that they are taught to live the tests of their lives, not to learn that their lives are full of tests. The TTLM initiative also calls on teachers to focus on the whole child instead of the subject. Teachers should put more emphasis on the teaching of good values and attitudes to the students, not their grades. In addition, teachers need to help students learn that the learning process is far more important than the results or the end product. Before jumping into the answers, teachers should treasure the teachable moment by throwing the questions to the students. Let them think and encourage curiosity. TLLM urges teachers to engage student more in learning and depend less on drill, practice and rote learning. Teachers should do more guiding, facilitating and modelling and do less telling so that students could take ownership of their own learning. Every student is different. Therefore teacher should apply various differentiated pedagogies to suit students learning. Student should be accessed more qualitatively over a period of time, and less quantitatively through one-off and summative examinations. Lastly, teachers should promote the spirit of innovation and enterprise among students. I come across one journal that was published in 2005 mentioned that in response to the TLLM policy, MOE was going to provide more time and space to teachers to do the right things for the students. To date, MOE has really made some moves to provide teachers more time; such as assigning a Co-curricular Programme Executives to each school, hiring more new teachers and introduced the adjunct teachers programme. However, we still see teachers rushing for syllabuses and busy preparing students for all sorts of exams. Not to mention the large class sizes and the accompanying heavy marking load, how could teachers stay fit physically and mentally with so many workloads? I do believe that most of the teachers would like to make their lessons livelier and have more flexibility in choosing the materials and teaching methods. I also believe that teachers do not wish their students go for tuitions. Euphemistically, the textbooks, syllabuses and teachers handbooks are said to guide teachers in teaching. As a matter of fact, these materials confine teachers way of teaching. Time allocated to each subject in school is just enough for teachers to run through the concepts and basics due to the tight syllabus. Eventually students would need to sit for the standardized tests, which decide their future. To score high for the standardized test, frequent and repeated practices based on the concepts and basics taught are inevitable. And this is the main reason for the increase of tuition centers in Singapore. A lot of parents have the habit of paving the way that would grant successfulness for their children. These include house moving and become school volunteers to get their children admitted into a good school; send their children to enrichment classes and tuitions in hope that their children could pass standardized test with flying colours. Eventually, their children could get admitted into the university, studying a popular subject which promise good prospect. For most of the students, they bow to the reality at a very young age. Since young, under the influence of the media, friends, community, teacher, school and parents, they got the impression that only by doing well academically; they could have a bright future. If they find the subject or what was taught is not going to help give them promising future, even though they know that is their strength or they have passion on that, they would not pursue them. Students rather give up their passions than face failures. Civic and moral education (CME) is supposed to be the subject that helps students develops their characters and values. Good values, attitudes and characters could also be taught in other subjects; but character development and values education are not their emphasis. Recently, MOE has just completed revising the CME materials, which claim to be more interesting and could engage students more. However, a lot of people do not see the importance of the CME subject; probably because of it is not examinable. Many mother tongue teachers have experienced their CME classes being hijacked by the math and science teachers to rush for syllabuses or to prepare students for exams. The hijacking becomes more frequent especially when the exam period is approaching. School leaders are aware of that but turn a blind eye to it. This indirectly acknowledges that the schools are still more prone to grades-centric instead of values-centric. Thus, it is not surprising that students would have the percept ion that CME is the least important subject and they are less likely learn the subject by heart. Singapore is a country that adopts a highly centralised education system and a strong top-down approach in policy-making. (Catherine Chua Richard, 2007) Changes made at the national level often may be difficult to put into practice at the school level. TLLM is one of them. Catherine Chua and Richard (2007) did a study by comparing the science curriculum between two top schools and two mid-level schools. The top schools appear to exercise more flexibility in their curriculum by introducing a more diverse programme. They are placing greater emphasis on research-based and higher order thinking skills, acquiring beyond the basic knowledge. This is in line with the MOEs initiative. The middle category schools are also embarking on introducing and reinforcing some incentive programmes in their schools, especially for those less able students. However, an important observation shows that there was no corresponding decrease in the number of topics taught in class. On the contrary, the numbe r of periods allocated for the science lessons increased in 2005. They also found that the programmes offered by the top schools are more intensive and research oriented than those offered in the middle category schools. By introducing more intensive programme and increase the number of periods, both top schools and middle level schools actually did not put TLLM into practices. These schools rather play safe by teaching more, and add more to the curriculum. This can has negative impacts on the school climate, as teachers will have less time to prepare, teach and interact with their students. Sooner or later, teachers would develop resistance towards government initiatives. (Catherine Chua Richard, 2007) PSLE test is the ultimate test for all the primary students. This test focus on the end result rather than the process of learning. From time to time, different initiatives, including TLLM are being introduced by MOE to better achieve the purposes of Singapore Education. However, PSLE tests on the whole remain untouched. School principals, teachers, parents and students know that no matter what the changes that will take place, at the end, it is the examination that matters. Thus, when MOE first introduced TLLM, many of the principals and teachers would just take that as another initiative that will come and go. In 2009, MOE announced that semester exams for Primary 1 2 would no longer exist. But later announced that mini test would be in place so that teachers could provide regular feedback on pupils learning to parents. So that is a good change or a bad change? Mini tests are still TEST. They could be the replicas of semester test and could end up having few of them throughout the semester. Students stress over exam is still there and hardly reduced. After six years of study, students still need to sit for the PSLE test. This also means that the pace of preparing the PSLE test would be increased once students step into Primary 3 seeing that the time given has been shortened by 2 years. The aims of education policy are to ensure that students not only master scholastic knowledge, but that they are equipped with the knowledge needed to perform well in the globalised economy (Seaton, 2002). In Singapore Education, the decision-making in curriculum policy always lie in the hands of the government. Thus, we can say that Singapore educational policies are the mirrors of the social, economic and political needs of a society. (Catherine Chua Richard, 2007) From the TLLM policy, we can see that Singapore government would like to mould the future leaders in becoming a confident person, a self-directed learner, an active contributor and a concerned citizen. Although TLLM encourages teachers to teach less so that student could learn more, what students actually learn are still very much depends on what would be assessed finally. We still see some schools hesitating to put TLLM into practice. Thus, I would like to comment that TLLM would be just another MOEs attempt to change the direction of education in Singapore school if MOE still continue its traditional reluctance to let go or downgrade the position of the examination system. Education in Singapore is not education but just a huge examination preparation exercise, namely, the high stakes examination system.

art :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  When looking into society once can be influenced by a number of issues. These issues can include art. Art is work that is put together by an individual. It is a true creative act that is used as a form of expression from the artist. Art is inspiring and can influence a society. Art work is seen through acting, music, and pictures.   Ã‚  Ã‚  Ã‚  Ã‚  Firstly, one can see art through acting. Acting is a performance in which one disguises themselves and become a different individual. Acting is an expression of oneself. This act can be seen in plays, on Television and in movies. Acting is important to a society for it provides an escape route as well as a form of entertainment. Without acting there would be more boredom. Many rely on going to plays as well as watching television. Without these forms of art, it would be difficult for one to stay entertained. Acting is a form of art that is important to a society.   Ã‚  Ã‚  Ã‚  Ã‚  Secondly, music is a form of art. Song writers and singers use their talent to make music. Music is in spring and can influence others. Music can be seen as a form of entertainment also. It is constantly being played on the radio as well as clubs and concerts. Many listen to music to become entertained. For some, listening to an inspired song can effect their views, can also influence into reaching goals. Music is a well known form of art.   Ã‚  Ã‚  Ã‚  Ã‚  Lastly, art can be seen in art galleries. Some forms of art that are usually seen are sculptures, paintings, and also photographs. All these forms are made uniquely and by persons. It is the fact that it is made by thought and made by a person that is called art. Sculptures of people and objects can be inspiring and educational to many. Paintings and photographs can contrast a mood in which can inspire a person. These forms of art are very important to society. If there were no galleries nor any forms of art than this world would be plain. Art forms surround society making it a more interesting, creative place.   Ã‚  Ã‚  Ã‚  Ã‚  Art can bee seen in many places, it is everywhere one turns; billboards, houses, business buildings, outside.

Student-Centered Learning :: Education Teaching Papers

Student-Centered Learning Recently, the buzzword for school wide educational reform is student-centered learning. My last year teaching, the administration threw around this term, yet no in-services were in place on this subject in order to accomplish the goal. Even Atlanta Public School's strategic technology plan uses the common student-centered learning phrase, " Teachers will move from mentor in the center to guide on the side." However, very few teachers actually use this approach in their classrooms. One example of an excellent student-centered learning activity was "Biomes in a Box." A colleague of mine used this project, her students work in teams to research and create a biome of a particular climate of their choosing. I observed students using various forms of media including the Internet and CD-ROM resources to research their particular biome. They constructed the climate conditions of that biome using various raw materials at their disposal. In the end, they presented their biome to the class with an oral discussion of the climatic elements involved with that biome. The students were so proud and so actively involved in their learning. It was a great success. I am sure that "Biomes in a Box" will be one lesson those students learned in that school. Even though some teachers use this new approach successfully in their class, my concern is that not all of the teachers can or even know how to change from the "mentor in the center" to "guide on the side." Has the school systems come up with way to change the mindsets of these teachers and show them how to make their classrooms active learning environments? No, they are just content to throw the phrase around without determining how to bring about student-centered learning in the classrooms. So what is Student centered learning? Is it the cure all for the ailing public education system? What tools need to be in place in order to facilitate a student-centered learning environment? What kind of in-service or extra training will be necessary in order to foster the student-centered classroom? In this paper, I will define student-centered learning, explain the key attributes to this type of learning process, and identify the tools that will facilitate its growth. From Mentor in the Center to Guide on the Side "Students should be presented with real life problems and then helped to discover information required to solve them" John Dewey

Structures of Legal Restraint, Oh Police Powers in India

The Ibakkar – Natarajan Commission Part one of the Nanawti Commission report, probing into the Godhara incident in Gujarat, released last month has once again opened the Pandora's Box over logic of setting up Inquiry Commissions in the country. The report while giving clean chit to the Narendra Modi Government has supported the theory of conspiracy, leading to a widespread criticism across the country. Many call it ‘eye wash' and other call it ‘sponsored report'. Communists have termed it a ‘piecemeal' and fabricated report, whereas; National Democratic Alliance (NDA) calls it ‘triumph of truth'.Justice Nanawati report in fact contradicts the UC Banerjee report which also probed the Godhara incident. How a single incident draws two extreme conclusions? The two reports have raised a very debatable issue. What do judicial commissions, appointed by the various governments to examine issues ranging from riots, scandals and assassinations to inter-state disp utes actually achieve? Critics of commissions say that their recent history has been extremely spotty. Apart from taking inordinately long to deliver reports, they seldom achieve anything.Keeping apart from such allegations and counter allegations, the issue that has again come to fore is whether an inquiry commission can substitute criminal prosecution? Do these Commissions serve any purpose? Is it not an eye wash? Are these Commissions able to bring culprits to book? Are not Commissions of inquiry a waste of time and money? To understand the entire issue, one has to discuss the Commission of Inquiry Act, 1952 itself. Before this Act came into being, the governments used to order an inquiry by executive notifications under Public Service Inquiry Act, 1850.Sometimes, they used to enact adhoc and temporary legislations too. To meet the public demand for impartial and judicial inquiries, the Government of India came out with a comprehensive legislation, which resulted into passage of this Commission of Inquiry Act, 1952. Since its enactment, the constitution of Inquiry Commissions has become a tool for the various governments to subside the public anger. Since Independence, more than a hundred Inquiry Commissions have been set up, but a very few have served the purpose. And the reasons are obvious.First, the provisions enshrined in this Act are not of deterrent in nature and secondly, most of the time the Commissions are set up under retired Judges for obvious reasons. Section 4 the Act provides for powers and it is clear that the Commission has no power to compel a person to adduce before it and give evidence. It cannot pass verdicts or judgments which could be enforceable. The helplessness is such that even if an offence has been committed in view of or in presence of Commission, the Commission needs to forward the case to the Magistrate for trial as provided in Criminal Procedure code.The appointment of retired Judges, as head of the Commission is very much s uitable for the government. It is not merely a chance that one Judge has headed more than one Commission. The public perception is such that these Inquiry Commissions are becoming post retirement placement schemes for the favourite retired Judges. We have a long list of such Commissions, which have made inordinate delay in submitting their reports. Many of them have taken decades in so called â€Å"conducting inquiries† and even then the report which was submitted were so voluminous that we required another committee to find out ays to implement the recommendations. For example, as many as ten Commissions or committees have so far been set up with regard to the anti-Sikh riots in Delhi after the assassination of former Prime Minister Indira Gandhi. First of all it was the Marvah Commission headed by Additional Commissioner of Police Ved Marvah, that was set up in November, 1984. The Commission was about to finish the assigned task when it was abruptly wounded up in May 1985 a nd a new Commission headed by Justice Rangnath Misra was constituted. The new Commission was asked to carry out further inquiry hitherto done by the Marvah Commission.The Justice Ranganath Mishra Commission which was appointed under Section 3 of The Commissions of Inquiry Act, 1952, was asked to inquire into â€Å"allegations† of violence and not to inquire into the â€Å"nature† of violence, a departure from the terms of reference of over a dozen other commissions on communal disturbances since Independence. It is needless to mention that what has happened to reports and how much amount have been spent on these exercises. Has any prominent leader been punished so far? Many persons, against whom leveled charges were being inquired into, have died.Such are the frustrating results of these Commissions and Committees. As far as time and money aspect of these Commissions are concerned, its enough to look into the expenses of just couple of Commissions to understand the qua ntum of impact—both in terms of the amount and time spent. The one that tops the chart is the Liberhan Commission. Set up under retired Justice M S Liberhan on 16 December, 1992 to probe into Babri mosque demolition, the Commission has so far been given more than 41 extensions. Overall the government has already spent Rs 90 million on this single man inquiry Commission, which is yet to come out with its report.Similarly, Justice B N Kripal Commission of inquiry was set up on 13 July, 1985 to probe into the bombing of the Air India Flight 182 on 23 June, 1985 which led to the crash of this plane into the Atlantic Ocean leaving 329 passengers including crew dead. The Commission submitted its report after extensive tours of countries like Canada and USA but when the prosecution began, nothing could be proved and none could be punished. The entire ‘investigation and inquiry' went in vain. It is needless again, to calculate the amount which was spent on such inquiries.Phukan Commission was set up to probe the Tehelka expose into fictitious defence deals. Everyone saw the tape on television and the then Government just to avoid immediate legal course, set up this Commission. In May 2005 the Newsweek reported that Justice Phukan along with his wife and eight officials used IAF plane and went to Pune, Mumbai and Shirdi. The Ministry later said that the Judge was not entitled to use the military plane and it was made available to him by the then government in order to influence the Judge. Such allegations and incidents definitely erode public faith in such Commissions.The situation is such that every Government in power uses this provision to oblige the retired judges. In Bihar for example, Justice Amir Das Commission was set up to probe into the alleged connections of political leaders with a banned outfit called Ranveer Sena in 1997. The Commission was finally wounded up in 2006 as it could hardly do anything except for some tours and recording the state ments some leaders in over eight years of its existence. Similar is the case of Justice Ali Ahmed Commission that was set up to look into excess withdrawal in 1996.In fact, very little is known about the outcome of the Commission, including the recommendations that it submited or the actions taken by it. Commission under Justice R C P Sinha and Justice Samsul was set up on Bhagalpur communal riot in 1989. Reports were submitted in 1995. But when the new government came to power it set up N N Singh (retired Justice) Commission to investigate the matter again. In 2008 a Commission under retired judge Sadanand Mukherjee was set up to probe into the Kahalgaon police firing. This commission is still a non starter vis-a-vis investigation of the incidence.Not to miss the fact that when the recent breach in Kosi embankment that caused a major flood in Bihar led to lot of allegations and counter allegations, the state government was quick to constitute a Commission under Rajesh Walia, again a retired Judge to probe into it. And while there is no bias against the judiciary or the retired judges, who are a national repository of knowledge as far as judicial matters are concerned, the question needs to be examined is whether a Commission can substitute the country’s criminal investigation system.How can a Judge be better equipped to do forensic test, do scientific investigations than a professionally trained police officer? Has the Commission power to make arrests to the persons likely to tamper evidences? The answer to these and many such questions has been provided by a two Judge commission itself. Set up by in 1987 to investigate the Fairfax Deal, the Justice Thakkar and Natarajan Commission in its report have said that the Commission of Inquiry Act was â€Å"ineffective and toothless†. They two, in fact, devoted one full chapter on the inadequacies of this Act.It is important to note that India has a criminal justice system, which is based on the twin pi llars of investigation and dispensation of justice. How can the Judiciary be asked to do the work of investigation, which is the work of the State as enshrined the law of the land? The Criminal Procedure Code and for that matter entire Criminal Justice System is erected on this principle (Article 50 of Chapter IV on Directive Principles of State Policy) and perhaps it is due to this principle, that the judiciary and executive have been completely separated in 1973, when the Code of Criminal Procedure was amended.Besides, most of these Commissions, after years of its investigation, usually submit reports that are so voluminous that it again requires some committees to suggest measures to implements the recommendations. Not to talk about the fact that such reports are not obligatory and mandatory for the government to implement. It is also worthwhile to mention here that the Judiciary in India is an independent system and that is precisely the reason why Article 220 restricts practise by retired Judges. The idea is that there should not be any scope, whatsoever, of favour or disfavour by the serving Judges.By appointing the retired Judges in these Commissions or for that matter in any other body tends to clearly violate the spirit of the Constitution itself. What is more shocking is that instead of modernising and equipping the investigating agencies to probe into such serious issues of national shame, the country has been a mere spectator to the cosmetic make ups. In India, every one knows about the ‘normal' pace of the court proceedings, and so all these commissions, needless to say have virtually become black holes.