11 thoughts on “Lab Work Sunday 15th November 2013 Part II”
Examine the majoritarian tendencies vis-à-vis the rights of the minorities. Relate the same to gender justice
Majoritarian tendencies demand amendment of the rights to minorities
They Demand ‘uniform civil code’ in case of relation of citizens of all religions
A uniform civil code would ensure gender justice
Majoritarian tendency refers to the tendency of the majority to suppress the minority. This affects the rights of minorities and particularly a women.
Tanuj ; yeshwanth
Prof. Rao
India must celebrate its diversity and should not allow the majority to stream roller the minorities. It should however end social evils among he minorities but at the same time take the minorities along with it.
There are many enlightened elements among the minorities. Their help should be taken to bring about changes among the minorities. But it should be remembered that the Minorities must be allowed to retain their distinct identity. I would go to the extent of saying that vigilant minorities constitute the very foundation for the survival of democracy itself.
Examine the majoritarian tendencies vis-a-vis the rights of minorities. Relate the same to gender justice.
Majoritarian tendencies call for the implementation of a Uniform Civil Code
Regulate private relations of citizens belonging to all religions ( no special privileges/sanctions to be extended to minorities)
Although, specific altering of personal laws(right to life and liberty) may provide protection to the idea of gender-justice care should be taken not to hamper rights of women belonging to minority section
Democracy is not rule by the majority alone. It is rule by the majority with the consent of minority. There should be inclusive growth, no one should feel left out.
Team: Bhavana, Ruchi & Tejaswini
Prof. Rao
While the evils prevalent among the minorities like child marriage, triple talaq etc. should be removed, it should be done without creating a scare in the minds of the minorities. There are many enlightened elements among the minorities and their help should be taken to bring about the requisite result.
Rao
What was the first great achievement of PIL? How are PILs different from ordinary cases?
The first great achievement of PIL was it’s people friendly procedures which allowed the access of poor and illiterate people to justice. Now social activists, NGO’s and even courts can file PILs on behalf of the people who were unaware of their legal entitlements.
Also with the advent of PIL Article 32 has been creatively interpreted to shape innovative remedies such as a ‘continuing mandamus’ for ensuring that executive agencies comply with judicial directions.
PILs are different from ordinary cases in following ways:
In ordinary cases the case can only be filed by the aggrieved person but a PIL can be filed by any one on behalf of the aggrieved person or group.
In PILs the judges take on a far more active role in the literal sense as well by posing questions to the parties.
In PILs the orientation of the proceedings is usually more akin to collective problem-solving rather than an acrimonious contest between the counsels
The SC declared that the right to education cannot be ignored as it was required for the enactment of various other rights. As per the decision on this case
RTE flows directly from right to life. – the right to life and dignity of an individual cannot be assured without education
The fundamental rights under part III and other rights under Article 19 cannot be fully appreciated unless people are educated and becomes concious of dignity
DPSP cannot be isolated from fundamental rights as they are interdependent. Without article 41 being enacted, a large majority that is illiterate cannot reach rights provided in Chapter III
Suthersan, JayaRani, Amith
The different steps through which the right to food evolved can be presented through the following judgements of the SC
1)1986. The SC had directed the government to create irrigation facilities to the starved people in Orissa, so that they can earn their food
2)2001. After the great drought, the SC had directed the government to distribute the overflowing food grains from FCI storehouse to the people affected by droughts for free
3)2001 interim order. SC ordered the states and UT to implement 8 centrally sponsored schemes. Some Of them are – Antyodaya Anna yojana, ICDS programme, National midday program, Annapurna scheme, and various food for work schemes
4)2001. SC had ordered various states to provide COOKED midday meals with SPECIFIC nutrition levels for a minimum of 200 days. Govts that were providing raw rations had to move to cooked food within 3 months
5)by 2002 the govts were directed to provide 25Kg of food grains per month per family through PDS against earlier limit of 20Kg.
6)2002. SC had directed various states and Union Territories to implement right to work in rural areas by schemes like Sampoorna Grahmin Rojgar Yojana. This was to make sure the people can earn their food.
Enforcement of social and economic rights requires huge finances and administrative arrangements. The judiciary can have no idea of the expenses involved. Therefore, it is better to leave the issue to the administrators.
The determination of such rights depends on various factors like time, place, circumstances etc. But the judiciary is ill equipped for this task.
Nitya.
Examine the objection that the constitution was framed by an elite belonging to one generation. But times have changed. How can their opinions bind us?
It is often argued that the members of the constituent assembly were overwhelming drawn from the elite backgrounds and hence did not represent popular opinions on several vital issues.
The substantive contents of a constitution adopted by a country at a particular point of time reflect the will of its framers.
It is not necessary that the intent of the framers corresponds to the will of the majority of the population at any given time.
The understanding and application of the constitutional principles can’t remain static and hence a constitutional text also lays down procedure for its amendment.
The constitution talks about the separation of power and functions between the Judiciary and Legislators. On one hand the constitution gives power to the legislature who have been elected democratically to make laws and policies for the people and on the other hand there is provision for Judicial review by which a Court can strike down these laws on being violative to the Constitution. Thus the Constitution itself limits the operation of separation of powes and functions between Judiciary and Legislature by having the provision of Judicial review
Nitya.
Prof. Rao
Edmund Burke had pointed out that the great cause of all revolutions is that while the people change, constitutions stand still
Examine the objection that the Constitution was framed by an elite belonging to one generation. But times have changed. How can their opinions bind us?
There is no doubt our constitution was written a long time ago and it aimed at solving the problems that were faced by our country at that time. But the people who were part of the drafting committee made sure that the Constitution remain sufficiently flexible to adapt to the challenges of the future.
There are provisions in the constitution like Article 368 which makes our constitution adaptive to future challenges . The flexibility of our constitution is clearly shown by more than 100 amendments to the constitution till today.
Examine the objection that the Constitution was framed by an elite belonging to one generation. But times have changed. How can their opinions bind us?
There is no doubt our constitution was written a long time ago and it aimed at solving the problems that were faced by our country at that time. But the people who were part of the drafting committee made sure that the Constitution remains sufficiently flexible to adapt to the challenges of the future.
There are provisions in the constitution like Article 368 which makes our constitution adaptive to future challenges . The flexibility of our constitution is clearly shown by more than 100 amendments to the constitution till today.
Jitendra, Puneeth, Vikash
Prof. Rao
Also remember that the people who had assembled in drafting the Constitution were men and women of the highest caliber and it is often remarked to that it s difficult to imagine such as Assembly again.
Significance of the Unnikrishnan case and uniqueness of art 45
The provisions for art 45 in art 46 empowers SC/ST and other weaker sections of society to claim their right to education
The provision in art 41 says the government in its full capacity must support people to claim their right to education.
Deriving the conclusions based on these provisions , the SC had barred colleges from collecting high fees for higher education.
Art 45 is unique in the sense, its the only article in DPSP to recommend a definite time period (10 years) for the enactment of the right.
JayaRani, Suthersan, Amith
Prof. Rao
It is our illiteracy that is holding us back. The RTE will propel India to great heights. And coupled with the demographic dividend , we would surely become the economic powerhouse of the world.
Rao
Illustrate the importance of Constitutional Rights in the light of Roscoe Pounds observation that Rights are profound agencies of Social change.
Prescription of normative rights always face the problem of poor enforcement.
But the question is whether poor enforcement is a sufficient reason to abandon the pursuit of rights whose fulfillment enhances social and economic welfare.
Roscoe Pound’s thesis on “law as an agent of social change” emphasizes legal rights as an effective strategy to counter-act social problems in the long-run.
At the level of constitutional protection, such rights have an inherent symbolic value which goes beyond empirical considerations about their actual enforcement .
It is evident that in the short run even the coercive authority of law may not be enough of a deterrent, but in the long run the very fact of the continued existence of such authority helps in creating public opinion against the same practices.
Ex: British Colonial regime’s legislative interventions in social practices such as abolition of Sati (immolation of widows), prohibition of child marriage and supporting Widow remarriage.
Examine the majoritarian tendencies vis-à-vis the rights of the minorities. Relate the same to gender justice
Majoritarian tendencies demand amendment of the rights to minorities
They Demand ‘uniform civil code’ in case of relation of citizens of all religions
A uniform civil code would ensure gender justice
Majoritarian tendency refers to the tendency of the majority to suppress the minority. This affects the rights of minorities and particularly a women.
Tanuj ; yeshwanth
Prof. Rao
India must celebrate its diversity and should not allow the majority to stream roller the minorities. It should however end social evils among he minorities but at the same time take the minorities along with it.
There are many enlightened elements among the minorities. Their help should be taken to bring about changes among the minorities. But it should be remembered that the Minorities must be allowed to retain their distinct identity. I would go to the extent of saying that vigilant minorities constitute the very foundation for the survival of democracy itself.
Rao
Examine the majoritarian tendencies vis-a-vis the rights of minorities. Relate the same to gender justice.
Majoritarian tendencies call for the implementation of a Uniform Civil Code
Regulate private relations of citizens belonging to all religions ( no special privileges/sanctions to be extended to minorities)
Although, specific altering of personal laws(right to life and liberty) may provide protection to the idea of gender-justice care should be taken not to hamper rights of women belonging to minority section
Democracy is not rule by the majority alone. It is rule by the majority with the consent of minority. There should be inclusive growth, no one should feel left out.
Team: Bhavana, Ruchi & Tejaswini
Prof. Rao
While the evils prevalent among the minorities like child marriage, triple talaq etc. should be removed, it should be done without creating a scare in the minds of the minorities. There are many enlightened elements among the minorities and their help should be taken to bring about the requisite result.
Rao
What was the first great achievement of PIL? How are PILs different from ordinary cases?
The first great achievement of PIL was it’s people friendly procedures which allowed the access of poor and illiterate people to justice. Now social activists, NGO’s and even courts can file PILs on behalf of the people who were unaware of their legal entitlements.
Also with the advent of PIL Article 32 has been creatively interpreted to shape innovative remedies such as a ‘continuing mandamus’ for ensuring that executive agencies comply with judicial directions.
PILs are different from ordinary cases in following ways:
In ordinary cases the case can only be filed by the aggrieved person but a PIL can be filed by any one on behalf of the aggrieved person or group.
In PILs the judges take on a far more active role in the literal sense as well by posing questions to the parties.
In PILs the orientation of the proceedings is usually more akin to collective problem-solving rather than an acrimonious contest between the counsels
Jitendra, Puneeth, Vikash
Prof. Rao
Excellent
Rao
Significance oh Mohini Jain Case
The SC declared that the right to education cannot be ignored as it was required for the enactment of various other rights. As per the decision on this case
RTE flows directly from right to life. – the right to life and dignity of an individual cannot be assured without education
The fundamental rights under part III and other rights under Article 19 cannot be fully appreciated unless people are educated and becomes concious of dignity
DPSP cannot be isolated from fundamental rights as they are interdependent. Without article 41 being enacted, a large majority that is illiterate cannot reach rights provided in Chapter III
Suthersan, JayaRani, Amith
Prof.Rao
Correct
Rao
Evolution of the right to food
The different steps through which the right to food evolved can be presented through the following judgements of the SC
1)1986. The SC had directed the government to create irrigation facilities to the starved people in Orissa, so that they can earn their food
2)2001. After the great drought, the SC had directed the government to distribute the overflowing food grains from FCI storehouse to the people affected by droughts for free
3)2001 interim order. SC ordered the states and UT to implement 8 centrally sponsored schemes. Some Of them are – Antyodaya Anna yojana, ICDS programme, National midday program, Annapurna scheme, and various food for work schemes
4)2001. SC had ordered various states to provide COOKED midday meals with SPECIFIC nutrition levels for a minimum of 200 days. Govts that were providing raw rations had to move to cooked food within 3 months
5)by 2002 the govts were directed to provide 25Kg of food grains per month per family through PDS against earlier limit of 20Kg.
6)2002. SC had directed various states and Union Territories to implement right to work in rural areas by schemes like Sampoorna Grahmin Rojgar Yojana. This was to make sure the people can earn their food.
Jayarani,suthersan,Amith
Prof. Rao
You have moved on the right lines
Rao
Why is judicial activism opposed by some?
Enforcement of social and economic rights requires huge finances and administrative arrangements. The judiciary can have no idea of the expenses involved. Therefore, it is better to leave the issue to the administrators.
The determination of such rights depends on various factors like time, place, circumstances etc. But the judiciary is ill equipped for this task.
Nitya.
Prof. Rao
Very Good
Rao
Examine the objection that the constitution was framed by an elite belonging to one generation. But times have changed. How can their opinions bind us?
It is often argued that the members of the constituent assembly were overwhelming drawn from the elite backgrounds and hence did not represent popular opinions on several vital issues.
The substantive contents of a constitution adopted by a country at a particular point of time reflect the will of its framers.
It is not necessary that the intent of the framers corresponds to the will of the majority of the population at any given time.
The understanding and application of the constitutional principles can’t remain static and hence a constitutional text also lays down procedure for its amendment.
The constitution talks about the separation of power and functions between the Judiciary and Legislators. On one hand the constitution gives power to the legislature who have been elected democratically to make laws and policies for the people and on the other hand there is provision for Judicial review by which a Court can strike down these laws on being violative to the Constitution. Thus the Constitution itself limits the operation of separation of powes and functions between Judiciary and Legislature by having the provision of Judicial review
Nitya.
Prof. Rao
Edmund Burke had pointed out that the great cause of all revolutions is that while the people change, constitutions stand still
Rao
Examine the objection that the Constitution was framed by an elite belonging to one generation. But times have changed. How can their opinions bind us?
There is no doubt our constitution was written a long time ago and it aimed at solving the problems that were faced by our country at that time. But the people who were part of the drafting committee made sure that the Constitution remain sufficiently flexible to adapt to the challenges of the future.
There are provisions in the constitution like Article 368 which makes our constitution adaptive to future challenges . The flexibility of our constitution is clearly shown by more than 100 amendments to the constitution till today.
Prof.Rao
Good
Rao
Examine the objection that the Constitution was framed by an elite belonging to one generation. But times have changed. How can their opinions bind us?
There is no doubt our constitution was written a long time ago and it aimed at solving the problems that were faced by our country at that time. But the people who were part of the drafting committee made sure that the Constitution remains sufficiently flexible to adapt to the challenges of the future.
There are provisions in the constitution like Article 368 which makes our constitution adaptive to future challenges . The flexibility of our constitution is clearly shown by more than 100 amendments to the constitution till today.
Jitendra, Puneeth, Vikash
Prof. Rao
Also remember that the people who had assembled in drafting the Constitution were men and women of the highest caliber and it is often remarked to that it s difficult to imagine such as Assembly again.
Significance of the Unnikrishnan case and uniqueness of art 45
The provisions for art 45 in art 46 empowers SC/ST and other weaker sections of society to claim their right to education
The provision in art 41 says the government in its full capacity must support people to claim their right to education.
Deriving the conclusions based on these provisions , the SC had barred colleges from collecting high fees for higher education.
Art 45 is unique in the sense, its the only article in DPSP to recommend a definite time period (10 years) for the enactment of the right.
JayaRani, Suthersan, Amith
Prof. Rao
It is our illiteracy that is holding us back. The RTE will propel India to great heights. And coupled with the demographic dividend , we would surely become the economic powerhouse of the world.
Rao
Illustrate the importance of Constitutional Rights in the light of Roscoe Pounds observation that Rights are profound agencies of Social change.
Prescription of normative rights always face the problem of poor enforcement.
But the question is whether poor enforcement is a sufficient reason to abandon the pursuit of rights whose fulfillment enhances social and economic welfare.
Roscoe Pound’s thesis on “law as an agent of social change” emphasizes legal rights as an effective strategy to counter-act social problems in the long-run.
At the level of constitutional protection, such rights have an inherent symbolic value which goes beyond empirical considerations about their actual enforcement .
It is evident that in the short run even the coercive authority of law may not be enough of a deterrent, but in the long run the very fact of the continued existence of such authority helps in creating public opinion against the same practices.
Ex: British Colonial regime’s legislative interventions in social practices such as abolition of Sati (immolation of widows), prohibition of child marriage and supporting Widow remarriage.
Anil
Prof. Rao
Good Answer
Rao