In order to ensure that Fundamental Rights did not remain empty provisions, the founding fathers of our Constitution have made various provisions in the Constitution to maintain an independent judiciary. Articles related to Fundamental Rights and Directive Principles and independent judiciary together provide a firm constitutional basis to the growth of Public Interest Litigation in India. The founding fathers envisaged ‘‘the judiciary as a bastion of rights and justice’’. An independent judiciary lanced with the power of judicial review was the constitutional device chosen to achieve the required objective. This jurisdiction to enforce the Fundamental Rights was conferred upon both the Supreme Court and the High Courts, hence them being the courts that have entertained all the Public Interest Litigation cases.
Impetus for PIL
A number of factors contributed to the robust development of PIL in India. The first factor has already been noted above, that is, the constitutional framework relating to FRs and DPs. It is clear that because of FRs and DPs, the Indian judiciary would have enjoyed a comparative advantage in anchoring PIL vis-`a-vis courts of those jurisdictions (such as the United Kingdom and Australia) where there was no Bill of Rights. Secondly, several constitutional provisions concerning the powers of the Supreme Court helped the Court in coming up with innovative and unconventional remedies, which in turn raised social expectations. For instance, a provision
On September 17, 1787 framers in Philadelphia signed “The Constitution of the United States in which it was approved on June 21, 1788 by the ninth state. Once confirmed, along with the addition to the Bill of Rights it developed a mutual standard by which Americans determined the responsibilities and limits of their government. Looking to the Constitution to decide political discrepancies has helped to substitute and preserve a general agreement among people that are otherwise diverse. The Constitution, although two centuries of complications and trials of the American experiment in self-government, is a testament to the cleverness and anticipation of its framers.
The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel Adams, and Benjamin Franklin. The old government, the Articles of Confederation was not working as it supposed to be, it was vulnerable and cannot secure and defend the new born nation and for that reason the constitution of the united states saw the light.
The Constitutional Convention of 1787 was held to address problems in governing the United States which had been operating under the Articles of Confederation since it’s independence from Britain. Fifty-five delegates from the states attended the convention to address these issues. The delegates consisted of federalists who wanted a strong central government to maintain order and were mainly wealthier merchants and plantation owners and anti-federalists who were farmers, tradesmen and local politicians who feared losing their power and believed more power should be given to the states. The Constitutional Convention dealt with the issue of the debate between federalists and anti-federalists. The debates, arguments and compromises
“While the authors of the United States Constitution are frequently portrayed as noble and idealistic statesmen who drafted a document based upon their conception of good government, reality is that the constitution reflects the politics of the drafting and ratification process. Unfortunately, the result is a document that is designed to produce an ineffective government, rather than a government that can respond to issues in a timely fashion.” In support of this conclusion, the issues of slavery, The 1906 San Francisco Earthquake, and the civil rights struggle keenly demonstrate the ways in which our constitution hinders the expediency and effectiveness of America’s government. The constitution’s provisions towards voting eligibility and
On July 3rd, 1776, the Second Continental Congress unanimously declared the independence of the thirteen United States of America from Great Britain. Determined to unify the thirteen colonies, the Continental Congress adopted the Articles of Confederation and Perpetual Union, the first constitution of the United States, on November 15, 1777. However, ratification of the Articles of Confederation by all thirteen states did not occur until March 1, 1781. Although the articles did not prevent the United States from winning independence, the innate flaws of the articles became apparent in the years following the revolution. The problems of the weak, purely legislative national government became too prevalent for agents of the revolution, such as James Madison and George Washington. Madison and Washington were strong supporters of a federal, or national, constitution, and on June 21, 1788, congress ratified the Constitution of the United States. And in doing so, violated the “Revolutionary Ideology” and the will of the American people.
The American Revolution, perhaps the most momentous war-related milestone in American history, would not have been possible without the strenuous efforts of the courageous men we call Patriots or otherwise known as the Founding Fathers of America, who gave their all in the fight for freedom against the British. Many names of great men come to mind when we think “founding fathers,” such as Benjamin Franklin, George Washington, or Samuel Adams. Yet there is still one great patriot and founding father who seems to stand out above the rest, and that man is Thomas Jefferson. Thomas Jefferson is widely known as being the author of the Declaration of Independence and the Louisiana Purchase that bought more than 20% of the U.S. However, what most
A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated
The US Constitution states “We The People of the United states in order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for more common defense, promote the General Welfare, and secure the blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” The main purpose of the U.S Constitution is to establish the basic rights of all American Citizens. This follows that every United States Citizens have equal rights. Belonging to a minority group because of culture, religion or race does not assert that one is unconstitutional. In times of war, evacuation of minority groups only in NOT constitutional; however, evacuation of ALL United
In 1787 at the Constitutional Convention in Philadelphia, the framers of the Constitution of the United States of America worked together to identify the best way to elect the President (Patterson, 2013). The ideas suggested varied and ranged from selection by members of congress chosen by lottery, to a popular vote of the people. By the end of the Convention the matter had yet to be settled as the framers fore saw that many of the suggestions were prone to corruption, error, and were very chaotic. The issue was passed down to the Committee on Postponed Matters, who in turn created the system that is used today and is commonly known as Electoral College (Kazin, 2011). The Electoral College was outlined by the Committee to up hold the views of the founding fathers, who were the framers of the Constitution.
Based on your interpretation of the course text, explain the framers’ (framers’ of the U.S. Constitution) position on the Presidency:
The constitution of the United States of America is the founding document on which the government of America is built. It currently has twenty-seven amendments. It lines out the specific government practices as well as the system of check and balances. It was first drafted July, 1787 after the first form of government, the articles of confederation, had proven very inefficient to a point where it became almost redundant to have them in place. After a large amount of debate the acting continental congress decide to completely revise the current system. The constitution was efficient and fair and it kept the parts of government in place while not giving too much power to one or more branches.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions
Public interest litigation is the worldwide phenomena adopted by various countries of the world with the object of providing justice to all specially to those who are downtrodden, weak, poor, illiterate unable to approach the court for the enforcement of their rights by themselves. In public interest litigation the rule of locus standi has been relaxed considerably to provide access of justice to all the people despite of their vulnerable conditions, whereby any public spirited person or any organization can come forward in Court of law for the protection of the rights of such people. Since public interest litigation emerged as an advocacy strategy in the US civil rights movement, it has spread to other parts of the world. To varying degrees,
The following project aims to discuss the highlights of the judgement of Manushi Sangathan v Government of Delhi, and the various legal provisions it attracts. The case involves an expansion of the rights of the poor, overturning a number of previous decisions.