हिंदी

The Writer'S Attitude Towards the Government is - Mathematics

Advertisements
Advertisements

प्रश्न

In view of the passage given below. Choose the best option for question.

When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.

Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.

The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.

The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundre<l times before employing new Jabour. Jn other ways too, the government hurts industries.

Public sector monopolies like the department of telecommunications and Yidesh sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-buSiness policy is the best pro-people policy By then, of course, the wor1a woul<l nave move<l even farther ahead.

The writer's attitude towards the Government is.

विकल्प

  • critical

  • ironical

  • sarcastic

  • derisive

MCQ

उत्तर

critical

shaalaa.com
Comprehension Passages (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2014-2015 (May) Set 1

संबंधित प्रश्न

Direction: The passage given below is followed by a set of questions. Choose the most appropriate answer to each question.

With an aim to check flow of black money and evasion of taxes through stock market, market regulator SEBI has decided to impose hefty penalty on brokers facilitating such transactions from tomorrow. The regulator recently came across a loophole in its existing regulations, which was being abused by stock brokers for facilitating tax evasion and flow of black money through fictitious trades in lieu of hefty commissions. To remove this anomaly, SEBI has asked stock exchanges to penalise the brokers transferring trades from one trading account to another after terming them as ‘punching’ errors. The penalty could be as high as 2% of the value of shares traded in the ‘wrong’ account, as per new rules coming into effect from August 1. In a widely-prevalent, but secretly operated practice, the people looking to evade taxes approach certain brokers to show losses in their stock trading accounts, so that their earnings from other sources are not taxed. These brokers are also approached by people looking to show their black money as earnings made through stock market. In exchange for a commission, generally 5-10% of the total amount, these brokers show desired profits or losses in the accounts of their clients after transferring trades from other accounts, created for such purposes only. The brokers generally keep conducting both ‘buy’ and ‘sell’ trades in these fictitious accounts so that they can be used accordingly when approached by such clients. In the market parlance, these deals are known as profit or loss shopping. While profit is purchased to show black money as earnings from the market, the losses are purchased to avoid tax on earnings from other sources. As the transfer of trades is not allowed from one account to the other in general cases, the brokers show the trades conducted in their own fictitious accounts as ‘punching’ errors. The regulations allow the transfer of trades in the cases of genuine errors, as at times ‘punching’ or placing of orders can be made for a wrong client. To check any abuse of this rule, SEBI has asked the bourses to put in place a robust mechanism to identify whether the errors are genuine or not. At the same time, the bourses have been asked to levy penalty on the brokers transferring their non-institutional trades from one account to the other. The penalty would be 1% of the traded value in wrong account if such trades are up to 5% of the broker’s total non-institutional turnover in a month. The penalty would be 2% of trade value in wrong account if such transactions exceed 5% of total monthly turnover in a month.

In the light of the second paragraph what do people who intend to evade taxes do? 


Direction: The passage given below is followed by a set of question. Choose the most appropriate answer to each question.

Ahmedabad’s Sunday market that sells junk is this 35-year-old artist’s favourite hunting ground. That’s where he picks saw-blades, printer toners, monitors, busted VCDs and hard disks, video players and other castaway gems. Back home, he painstakingly dismantles his treasure of scrap and segregates it into big pieces (the video player's outer case), mid-sized (the insides of a hard disk) and small pieces (innards of a mobile). This is art you can get up, close and personal with. The works grab the viewer’s attention at several levels. Aesthetically, the creations themselves - such as Frivolity which uses feathers and terracotta diyas painted in dark fossil green that give it a strange life - appeal in a live-and-kicking sort of way. Look a little closer and hey, you spot a zipper. Then it’s a journey all your own. Your eyes identify hairpins, spray spouts that hairdressers use, paper clips, thread, computer ribbons and the insides of everything from watches to the sliding metal bits that support drawers. You can almost hear the works whirr. So Hashissh, constructed from paper clips, backpack clips, a shining CD and twirled thread, may invite you to study its water-blue, pinks and green or Nelumbeshwar may beckon, bathed in acrylic pink and grey-black. But once you’re standing in front of a piece, you spot the zips and the hairpins. Then you simply visually dismantle Har’s work and rebuild it all over again. Zoom in, zoom out. It’s great fun. Visualising the colour of his work demands a lot of attention, says Har. “During creation, the material is all differently coloured. So there’s a red switch next to a white panel next to a black clip. It can distract. I don’t sketch, so I have to keep a sharp focus on the final look I am working towards.” As his work evolved, Har discovered laser-cutting on a visit to a factory where he had gone to sand-blast one of his pieces. Hooked by the zingy shapes laser-cutting offered, Har promptly used it to speed up a scooter and lend an unbearable lightness of being to a flighty autorickshaw, his latest works. The NID-trained animation designer’s scrap quest was first inspired by a spider in his bathroom in Chennai when he was a teenager. He used a table-tennis ball (for the head), a bigger plastic ball (for the body) and twisted clothes hangers to form the legs. His next idea was to create a crab, and his mother obligingly brought one home from the market so that he could study and copy it. Winning the first Art Positive fellowship offered by Bajaj Capital Arthouse last year gave Har the confidence to believe that he could make it as an artist or ‘aesthete’ as he likes to call himself.

Which of the following would be a suitable title for the given passage?


In view of the passage given below. Choose the best option for question.

When talks come to how India has done for itself in 50 years of Independence, the world has nothing but praise for our success in remaining a democracy. On other fronts, the applause is less loud. In absolute terms, India has not done too badly, of course, life expectancy has increased. So has literacy. Industry, which was barely a fledging, has grown tremendously. And as far as agriculture is concerned, India has been transformed from a country perpetually on the edge of starvation into a success story held up for others to emulate. But these are competitive times when change is rapid, and to walk slowly when the rest of the world is running is almost as bad as standing still on walking backwards.

Compared with large chunks of what was then the developing 'world South Korea, Singapore, Malaysia, Thailand, Indonesia. China and what was till lately a separate Hong Kong-India has fared abysmally. It began with a far better infrastructure than most of these countries had. It suffered hardly or not at all during the Second World War. It had advantages like an English speaking elite, quality scientific manpower (including a Nobel laureate and others who could be ranked among the world's best) and excellent business acumen. Yet, today, when countries are ranked according to their global competitiveness. it is tiny Singapore that figures at the top. Hong Kong is an export powerhouse. So is Taiwan. If a symbol were needed of how far we have fallen back. note that while Korean Cielos are sold in India, no one in South Korea is rushing to buy an Indian car. The reasons list themselves. Topmost is economic isolationism.

The government discouraged imports and encouraged self-sufficiency. Whatever the aim was, the result was the creation of a totally inefficient industry that failed to keep pace with global trends and, therefore. became absolutely uncompetitive. only when the trade gates were opened a little did this become apparent. The years since then have been spent merely trying to catch up. That the government actually sheltered its industrialists from foreign competition is a little strange. For in all other respects, it operated under the conviction that businessmen were little more than crookS how were to be prevented from entering the most important areas of the economy, how we're to be hamstrung in as many ways as possible, how we're to be tolerated in the same way as an inexcusable wan. The high expropriation rates of taxation. the licensing Jaws, the reservation of whole swathes of the industry for the public sector, and the granting of monopolies to the public sector firms were the principal manifestations of this attitude. The government forgot that before wealth could be distributed, it had to be created.

The government forgot that it itself could not create, but only squander wealth. some of the manifestations of the old attitude have changed. Tax rates have fallen. Licensing has been a but abolished. And the gates of global trade have been opened wide. But most of these Changes were first by circumstances partly by the foreign exchange bankruptcy of 1991 ana the recognition that the government could no longer muster the funds of support the public sector, leave alone expand it. Whether the attitude of the government itself. or that of more than handful of ministers has changed, is open to question. In many other ways, however, the government has not changed one with. Business still has to negotiate a welter of negotiations. Transparency is still a long way off. And there is no exit policy. In defending the existing policy, politicians betray an inability to see beyond their noses. A no-exit policy for labour is equivalent to a no-entry policy for new business If one industry is not allowed to retrench labour, other industries will think a hundred times before employing new labour. In other way too, the government hurts industries.

Public sector monopolies like the department of telecommunications and Yidesh Sanchar Nigam Ltd. make it possible for Indian business to operate only at a cost several times that of their counterparts abroad The infrastructure is in a shambles partly because it is unable to formulate a sufficiently remunerative policy for private business, and partly because it does not have the stomach to change market rates for services. After a burst of activity in the early nineties, the government iS dragging itS feet. At the rate, it is going. it will be another fifty years before the government realizes that a pro-business policy is the best pro-people policy By then, of course, the world would have moved even further ahead. 

One of the factors of the government's projectionist policy was ...


Paragraph: In the 16th century, an age of great marine and terrestrial exploration, Ferdinand Magellan led the first expedition to sail around the world. As a young Portuguese noble, he served the king of Portugal, but he became involved in the quagmire of political intrigue at court and lost the king's favor. After he was dismissed from service by the king of Portugal, he offered to serve the future Emperor Charles V of Spain.

A papal decree of 1493 had assigned all land in the New World west of 50 degrees W longitude to Spain and all the land east of that line to Portugal. Magellan offered to prove that the East Indies fell under Spanish authority. On September 20, 1519, Magellan set sail from Spain with five ships. More than a year later, one of these ships was exploring the topography of South America in search of a water route across the continent. This ship sank, but the remaining four ships searched along the southern peninsula of South America. Finally they found the passage they sought near 50 degrees S latitude. Magellan named this passage the Strait of All Saints, but today it is known as the Strait of Magellan.

One ship deserted while in this passage and returned to Spain, so fewer sailors were privileged to gaze at that first panorama of the Pacific Ocean. Those who remained crossed the meridian now known as the International Date Line in the early spring of 1521 after 98 days on the Pacific Ocean. During those long days at sea, many of Magellan's men died of starvation and disease.

Later, Magellan became involved in an insular conflict in the Philippines and was killed in a tribal battle. Only one ship and 17 sailors under the command of the Basque navigator Elcano survived to complete the westward journey to Spain and thus prove once and for all that the world is round, with no precipice at the edge.

One of Magellan's ships explored the _________ of South America for a passage across the continent.


Read the given passage carefully and attempt the questions that follow.

MY LOVE OF NATURE, goes right back to my childhood, to the times when I stayed on, my grandparents' farm in Suffolk. My father was in the armed forces, so we were always moving and didn't have a home base for any length of time, but I loved going there. I think it was my grandmother who encouraged me more than anyone: she taught me the names of wild flowers and got me interested in looking at the countryside, so it seemed obvious to go on to do Zoology at University. 

I didn't get my first camera until after I'd graduated when I was due to go diving in Norway and needed a method of recording the sea creatures I would find there. My father didn't know anything about photography, but he bought me an Exacta, which was really quite a good camera for the time, and I went off to take my first pictures of sea anemones and starfish. I became keen very quickly, and learned how to develop and print; obviously I didn't have much money in those days, so I did more black and white photography than colour, but it was all still using the camera very much as a tool to record what I found both by diving and on the shore. I had no ambition at all to be a photographer then, or even for some years afterward.

Unlike many of the wildlife photographers of the time, I trained as a scientist and therefore my way of expressing myself is very different. I've tried from the beginning to produce pictures that are always biologically correct. There are people who will alter things deliberately: you don't pick up sea creatures from the middle of the shore and take them down to attractive pools at the bottom of the shore without knowing you're doing it. In so doing you're actually falsifying the sort of seaweeds they live on and so on, which may seem unimportant, but it is actually changing the natural surroundings to make them prettier. Unfortunately, many of the people who select pictures are looking for attractive images and, at the end of the day, whether it's truthful or not doesn't really matter to them. It's important to think about the animal first, and there are many occasions when I've not taken a picture because it would have been too disturbing. Nothing is so important that you have to get that shot; of course, there are cases when it would be very sad if you didn't, but it's not the end of the world. There can be a lot of ignorance in people's behavior towards wild animals and it's a problem that more and more people are going to wild places: while some animals may get used to cars, they won't get used to people suddenly rushing up to them. The sheer pressure of people, coupled with the fact that there are increasingly fewer places where no-one else has photographed, means that over the years, life has become much more difficult for the professional wildlife photographer. 

Nevertheless, wildlife photographs play a very important part in educating people about what is out there and what needs conserving. Although photography can be an enjoyable pastime, as it is to many people, it is also something that plays a very important part in educating young and old alike. Of the qualities it takes to make a good wildlife photographer, patience is perhaps the most obvious -you just have to be prepared to sit it out. I'm actually more patient now because I write more than ever before, and as long as I've got a bit of paper and a pencil, I don't feel I'm wasting my time. And because I photograph such a wide range of things, even if the main target doesn't appear I can probably find something else to concentrate on instead.

Which of the following describes the writer? 


Read the following passage carefully and answer the question:

Antigone was one of the daughters of Oedipus, that tragic figure of male power who had been cursed by Gods for mistakenly his father and subsequently marrying his mother and assuming the throne of Thebes. After the death of Oedipus, civil war broke out and a battle was waged in front of the seventh gate of Thebes his two sons led opposing factions and at the height of the battle fought and killed each other. Oedipus brother Creon, uncle of Antigone, was now undisputed master of the city. Creon resolved to make an example of the brother who had fought against him, Polynices, by refusing the right of honourable burial. The penalty of death was promulgated against any who would defy this order.

Antigone was distraught. Polynices had been left unburied, unwept, a feast of flesh for keen eyed carrion birds. Antigone asks her sister Ismene, for it was a challenge to her royal blood. Now it is time to show whether or not you are worthy of your royal blood is be 'not my brother and yours? Whether you like it or not? I shall never desert him-never. But Simone responds, “How could you dare-when Creon has expressly forbidden it? Antigone, we are women, it is not for us to fight against men". With a touch of bitterness, Antigone releases her sister from the obligation to help her. but argues she cannot shrug off the burden. "if I die for it what happiness! Live,..if you will live, and defy the holiest of laws of heaven".

Does the story approve the principle of vicarious liability? If so how? 


Read the passage and answer the question following it

Artists should treat their art as art and take the process of making it as seriously as anyone takes their chosen profession. Great skill and insight are required in order to create truly original art. Transforming an idea or concept into a technically thought-provoking or emotion-arousing work of art in any medium is a talent that few people possess. And there you have the "purist's vision."

Now if an artist wants to create art and never sell it, then he or she never has to worry about how to price it. That artist can afford to be a "purist." as you put it, produce art free of any encumbrances or concerns about what the art world or anyone else might think, and avoid "prostituting" or "debasing" that art by placing dollar values on it." But if you're an artist who wants to sell your art or who has to sell it in order to survive as an artist, you must use whatever tools are available to figure out how much it's worth and how best to sell it.

Let's say you're just starting out as an artist, you have little or no experience showing or selling your work, and in a period of two minutes, you produce a pencil drawing on a piece of paper. You view this drawing as highly significant in your evolution as an artist and rank its creation as the single most important creative moment of your life.

Consequently, you put a price of $20, 000 on it because only for that amount of money will you agree to part with such an important work of art. This is a "purist's vision" approach to pricing as opposed to a "realities of the marketplace" approach. From a business standpoint, you'll have an extremely difficult time selling your drawing, as you won't be able to justify the $20,000 price to real art buyers in the real art world. You have no track record of selling artin that price range, and you have few or no shows, critical reviews, or supporting data from outside sources indicating that your art has that kind of value or collectibility in the marketplace. The overwhelming majority of art buyers who have $20,000to spend look for works of art by established artists with documented track records of showing and selling art in that price range.

Your drawing is still highly significant to you, but what someone is willing to pay for it on the open market is a matter for art buyers to decide. You can price it however you wish, but you can never force anyone to buy it. That's the way the art business works. So if you want to sell it, you have to figure out what dollar amount someone is likely to pay for it on the open market and then price it at that amount. But the tale of your drawing does not end here.

The art world may, one agree with you that the product of your two-minute moment precipitates a major transformational turning point in your career, and is well worth a $20,000 asking price, but you're going to have to prove first. Aspects of that drawing will have to be reflected in your art from the moment you created it onwards, the art world will have to recognize your art both critically and from the marketing standpoints, and you will have to successfully produce, show, and sell for many years. Then one day, when your first retrospective exhibition opens at the Four-Star Museum of Art, that drawing will hang framed and captioned as the first inspiration for all subsequent work. The art world will then understand and respect its significance, and a serious collector may well be willing to pay an extraordinary price to own this historically important document of your career.

Returning for a moment to the concept of a purist artist who creates art and never sells it, sooner or later (hopefully later), that purist will pass on and leave behind a body of work. Unless that artist leaves specific instructions in his or her will for that body of work to be destroyed, it will become subject to those market forces that the artist strived for a lifetime to avoid. At the very least, it'll have to be appraised for tax, donation, or inheritance purposes. In most cases, it eventually comes onto the market either through a probable sale, an auction, or as represented by a dealer, gallery, or family member. The moral of the story is that one way or another, someone somewhere at some point in time will use tried and true methods to realistically price and either sell, donate, trade or otherwise transact any work of art that comes onto the market in any way, shape, or form. I hope that that person will be you, the artist and that you'll price your art according to what the market will bear, sell plenty of it, and have a long and rewarding career. Answer the following question indicating your option for question: 

For an artist to sell his piece of art at a higher price range, he/ she has to 


The question in this section is based on the passage. The question is to be answered on the basis of what is stated or implied in the passage.

Although the legal systems of England and the United States are superficially similar, they differ profoundly in their approaches to and uses of legal reasons: substantive reasons are more common than formal reasons in the United States, whereas in England the reverse is true. This distinction reflects a difference in the visions of law that prevails in the two countries. In England, the law has traditionally been viewed as a system of rules; the United States favours a vision of law as an outward expression of community’s sense of right and justice. 

Substantive reasons, as applied to law, are based on moral, economic, political and other considerations. These reasons are found both “in the law” and “outside the law” so to speak. Substantive reasons inform the content of a large part of the law: constitutions, statutes, contracts, verdicts, and the like. Consider, for example, a statute providing or purposes were explicitly written into the statute was to ensure quiet and safety in the park. Now suppose that a veterans’ group mounts a World War II jeep (in running order but without a battery) as a war memorial on a concrete slab in the park, and charges are brought against its members. Most judges in the United States would find the defendants not guilty because what they did had no adverse effect on park’s quiet and safety.

Formal reasons are different in that they frequently prevent substantive reasons from coming into play, even when substantive reasons are explicitly incorporated into the law at hand. For example, when a document fails to comply with stipulated requirements, the court may render the document legally ineffective. A Will requiring written witness may be declared null and void and, therefore, unenforceable for the formal reason that the requirement was not observed. Once the legal rule–that a Will is invalid for lack of proper witnessing –has been clearly established, and the legality of the rule is not in question, application of that rule precludes from consideration substantive arguments in favour of Will’s validity or enforcement. 

Legal scholars in England and the United States have long bemused themselves with extreme examples of formal and substantive reasoning. On the one hand, formal reasoning in England has led to wooden interpretations of statutes and an unwillingness to develop the common law through judicial activism. On the other hand, freewheeling substantive reasoning in the United States has resulted in statutory interpretations so liberal that the texts of some statutes have been ignored.

The author of the passage suggests that in English law a substantive interpretation of a legal rule might be warranted under which one of the following circumstances. 


Read the given passages and answer the question with the help of information provided in the passage.

Rural development in India has witnessed several changes over the years in its emphasis, approaches, strategies and programmes. It has assumed a new dimension and perspectives as a consequence. Rural development can be richer and more meaningful only through the participation of the clienteles of development. Just as implementation is the touchstone for planning, people's participation is the centre-piece in rural development.

People's participation is one of the foremost pre-requisites of development process both from procedural and philosophical perspectives. For the development planners and administrators, it is important to solicit the participation of different groups of rural people, to make the plans participatory.

Rural development aims at improving rural people's livelihoods in an equitable and sustainable manner, both socially and environmentally, through better access to assets and services and control over productive capital. The basic objectives of Rural Development Programmes have been alleviation of poverty and unemployment through creation of basic social and economic infrastructure, provision of training to rural unemployed youth and providing employment to marginal farmers/labourers to discourage seasonal and permanent migration to urban areas. 

Rural development is the main pillar of our nation's development. In spite of rapid urbanisation, a large section of our population still lives in the villages. Secondly. rural India has Jagged behind in development because of many historical sectors. Though the 11th plan began in very behavioural circumstances with the economy has grown at the rate of 7.7% per year in the 10th plan period, there still existed a big challenge to correct the development imbalances and to accord due priority to development in rural areas.

Ministry of Rural Development is implementing a number of programmes aimed at sustainable holistic development in rural areas. The thrust of these programmes is on all-round economic and social transformation in rural areas, though a multi-pronged strategy aiming to reach out to the most disadvantaged sections of the society.

Although concrete efforts have been initiated by the Government of India through several plans and measures to alleviate poverty in rural India, there still remains much more to be done to bring prosperity in the lives of the people in rural areas. At present, technology dissemination is uneven and slow In rural areas.

According to the passage, the experiences of many countries suggest that technological development fuelled by demand has a higher ............ rate.


Read the given passages and answer the question with the help of the information provided in the passage.

The Constitution of the United States protects both property rights and freedom of speech. At times, these rights conflict. The resolution then requires a determination as to the type of property involved. If the property is private and not open to the general public, the owner may absolutely deny the exercise of the right of free speech thereon. On the other hand, if public land is at issue, the First Amendment protections of expression are applicable. However, the exercise of free speech thereon is not absolute. Rather, it is necessary to determine the appropriateness of the forum. This requires that consideration be given to a number of factors including character and normal use of the property, the extent to which it is open to the public, and the number and types of persons who frequent it. If the forum is clearly public or clearly private, the resolution of the greater rights is relatively straight forward.

In the area of the quasi-public property, balancing these rights has produced a dilemma. This is the situation when a private owner permits the general public to use his property. When· persons seek to use the land for passing out handbills or picketing, how is a conflict between property rights and freedom of expression resolved? The precept that a private property owner surrenders his rights in proportion to the extent to which he opens up his property to the public is not new. In 1675, Lord Chief Justice Hale wrote that when private property is "affected with a public interest, it ceases to be private." Throughout the development of Anglo-American law; the individual has never possessed absolute dominion over property. Land becomes clothed with a public interest when the owner devotes his property to a use in which the public has an interest. In support of this position, the chairman of the board of the Wilde Lake Shopping Centre in Columbia, Maryland said: The only real purpose and justification of any of these centres is to serve the people in the area - not the merchants, not the developers, not the architects. The success or failure of a regional shopping centre will be measured by what it does for the people it seeks to serve. These doctrines should be applied when accommodation must be made between a shopping centre owner's private property rights and the public's right to free expression. It is hoped that when the Court is asked to balance these conflicting rights it will keep in mind what Justice Black said in 1945: "When we balance the constitutional rights of owners of property against those of the people to enjoy (First Amendment) freedom(s) ..... we remain mindful of the fact that the latter occupy a preferred position."

All other things being equal, the courts must


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×