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Article Three of the United States Constitution
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Article Three of the United States Constitution
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Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.
Contents
[hide]
1 Section 1: Federal courts
1.1 Number of courts
1.2 Tenure
1.3 Salaries
2 Section 2: Judicial power, jurisdiction, and trial by jury
2.1 Clause 1: Cases and controversies
2.2 Eleventh Amendment and state sovereign immunity
2.3 Clause 2: Original and appellate jurisdiction
2.4 Judicial review
2.5 Clause 3: Federal trials
3 Section 3: Treason
4 See also
5 References
6 Bibliography
7 External links
Section 1: Federal courts[edit]
Section 1 vests the judicial power of the United States in federal courts, requires a supreme court, allows inferior courts, requires good behavior tenure for judges, and prohibits decreasing the salaries of judges.
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
Number of courts[edit]
Article III authorizes one Supreme Court, but does not set the number of justices that must be appointed to it. Article I, Section 3, Clause 6 refers to a Chief Justice (who shall preside over the impeachment trial of a President). The number of justices is fixed by statute at nine: the one chief justice, and eight associate justices.[1]
Proposals to divide the Supreme Court into separate panels have been made, but all have failed. Because all such proposals have failed, the Supreme Court has never ruled on the constitutionality of such a division. Chief Justice Charles Evans Hughes wrote, "the Constitution does not appear to authorize two or more Supreme Courts functioning in effect as separate courts."
The Supreme Court is the only federal court that is explicitly mandated by the Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, having both original jurisdiction and appellate jurisdiction. This proposal was rejected in favor of the provision that exists today. Under this provision, the Congress may create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789. Article I courts, which are also known as "legislative courts", consist of regulatory agencies, such as the United States Tax Court. Article III courts are the only ones with judicial power, and so decisions of regulatory agencies remain subject to review by Article III courts. However, cases not requiring "judicial determination" may come before Article I courts. In the case of Murray's Lessee v. Hoboken Land & Improvement Co. 59 U.S. 272 (1855), the Supreme Court ruled that cases involving "a suit at the common law, or in equity, or admiralty" inherently involve judicial determination and must come before Article III courts. Other cases, such as bankruptcy cases, have been held not to involve judicial determination, and may therefore go before Article I courts. Similarly, several courts in the District of Columbia, which is under the exclusive jurisdiction of the Congress, are Article I courts rather than Article III courts. This article was expressly extended to the United States District Court for the District of Puerto Rico by the U.S. Congress through Federal Law 89-571, 80 Stat. 764, signed by President Lyndon B. Johnson in 1966. This transformed the article IV United States territorial court in Puerto Rico, created in 1900, to an Article III federal judicial district court.
The Judicial Procedures Reform Bill of 1937—frequently called the court-packing plan,[2]— was a legislative initiative to add more justices to the Supreme Court proposed by U.S. President Franklin Roosevelt shortly after his victory in the 1936 presidential election. Although the bill aimed generally to overhaul and modernize all of the federal court system, its central and most controversial provision would have granted the President power to appoint an additional Justice to the U.S. Supreme Court for every sitting member over the age of 70½, up to a maximum of six.
The Constitution is silent when it comes to judges of courts which have been abolished. The Judiciary Act of 1801 increased the number of courts to permit the Federalist President John Adams to appoint a number of Federalist judges before Thomas Jefferson took office. When Jefferson became President, the Congress abolished several of these courts and made no provision for the judges of those courts. Judicial code of 1911 abolished "circuit riding" and transferred the circuit courts authority and jurisdiction to the district courts.
Tenure[edit]
The Constitution provides that judges "shall hold their Offices during good Behavior." The term "good behavior" is interpreted to mean that judges may serve for the remainder of their lives, although they may resign or retire voluntarily. A judge may also be removed by impeachment and conviction by congressional vote (hence the term good behavior); this has occurred fourteen times. Three other judges, Mark W. Delahay,[3] George W. English,[4] and Samuel B. Kent,[5] chose to resign rather than go through the impeachment process.
Salaries[edit]
The compensation of judges may not be decreased, but may be increased, during their continuance in office.
Section 2: Judicial power, jurisdiction, and trial by jury[edit]
Section 2 delineates federal judicial power, and brings that power into execution by conferring original jurisdiction and also appellate jurisdiction upon the Supreme Court. Additionally, this section requires trial by jury in all criminal cases, except impeachment cases.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Clause 1: Cases and controversies[edit]
Main article: Case or Controversy Clause
Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Their judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Generally, a case or controversy requires the presence of adverse parties who have a genuine interest at stake in the case. In Muskrat v. United States, 219 U.S. 346 (1911), the Supreme Court denied jurisdiction to cases brought under a statute permitting certain Native Americans to bring suit against the United States to determine the constitutionality of a law allocating tribal lands. Counsel for both sides were to be paid from the federal Treasury. The Supreme Court held that, though the United States was a defendant, the case in question was not an actual controversy; rather, the statute was merely devised to test the constitutionality of a certain type of legislation. Thus the Court's ruling would be nothing more than an advisory opinion; therefore, the court dismissed the suit for failing to present a "case or controversy."
A significant omission is that although Clause 1 provides that federal judicial power shall extend to "the laws of the United States," it does not also provide that it shall extend to the laws of the several or individual states. In turn, the Judiciary Act of 1789 and subsequent acts never granted the U.S. Supreme Court the power to review decisions of state supreme courts on pure issues of state law. It is this silence which tacitly made state supreme courts the final expositors of the common law in their respective states. They were free to diverge from English precedents and from each other on the vast majority of legal issues which had never been made part of federal law by the Constitution, and the U.S. Supreme Court could do nothing about that, as it would ultimately concede in Erie Railroad Co. v. Tompkins (1938). By way of contrast, other English-speaking federations like Australia and Canada never adopted the Erie doctrine. That is, their highest courts have always possessed plenary power to impose a uniform nationwide common law upon all lower courts and never adopted the strong American distinction between federal and state common law.
Eleventh Amendment and state sovereign immunity[edit]
Main articles: Eleventh Amendment to the United States Constitution and Sovereign immunity in the United States
In Chisholm v. Georgia, 2 U.S. 419 (1793), the Supreme Court ruled that Article III, Section 2 abrogated the States’ sovereign immunity and authorized federal courts to hear disputes between private citizens and States. This decision was overturned by the Eleventh Amendment, which was passed by the Congress on March 4, 1794 1 Stat. 402 and ratified by the states on February 7, 1795. It prohibits the federal courts from hearing any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.[6]
Clause 2: Original and appellate jurisdiction[edit]
See also: Jurisdiction stripping
Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases affecting ambassadors, ministers and consuls, and also in those controversies which are subject to federal judicial power because at least one state is a party; the Court has held that the latter requirement is met if the United States has a controversy with a state.[7][8] In other cases, the Supreme Court has only appellate jurisdiction, which may be regulated by the Congress. The Congress may not, however, amend the Court's original jurisdiction, as was found in Marbury v. Madison, 5 U.S. (Cranch 1) 137 (1803) (the same decision which established the principle of judicial review). Marbury held that Congress can neither expand nor restrict the original jurisdiction of the Supreme Court. However, the appellate jurisdiction of the Court is different. The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make."
Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction".[9][10]
Judicial review[edit]
Main articles: Judicial review and Judicial review in the United States
The power of the federal judiciary to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself, is an implied power derived in part from Clause 2 of Section 2.[11]
Though the Constitution does not expressly provide that the federal judiciary has the power of judicial review, many of the Constitution's Framers viewed such a power as an appropriate power for the federal judiciary to possess. In Federalist No. 78, Alexander Hamilton wrote,
The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.[12]
Others, however, disagreed, claiming that each branch could determine for itself the constitutionality of its actions.
A continuation of the text of Federalist No. 78 by Hamilton [below] counterbalances the tone of "judicial supremacists" who demand that both Congress and the Executive are compelled by the Constitution to enforce all court decisions, including those that, in their eyes, or those of the People, violate fundamental American principles.
Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.[12] [emphasis added]
Hamilton continues. . .
It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body. The observation, if it prove any thing, would prove that there ought to be no judges distinct from that body.[12] [emphasis added]
Marbury v. Madison involved a highly partisan set of circumstances. Though Congressional elections were held in November 1800, the newly elected officers did not take power until March. The Federalist Party had lost the elections. In the words of President Thomas Jefferson, the Federalists "retired into the judiciary as a stronghold". In the four months following the elections, the outgoing Congress created several new judgeships, which were filled by President John Adams. In the last-minute rush, however, Federalist Secretary of State John Marshall had neglected to deliver 17 of the commissions to their respective appointees. When James Madison took office as Secretary of State, several commissions remained undelivered. Bringing their claims under the Judiciary Act of 1789, the appointees, including William Marbury, petitioned the Supreme Court for the issue of a writ of mandamus, which in English law had been used to force public officials to fulfill their ministerial duties. Here, Madison would be required to deliver the commissions.
Secretary of State James Madison, who won Marbury v. Madison, but lost Judicial review.
Marbury posed a difficult problem for the court, which was then led by Chief Justice John Marshall, the same person who had neglected to deliver the commissions when he was the Secretary of State. If Marshall's court commanded James Madison to deliver the commissions, Madison might ignore the order, thereby indicating the weakness of the court. Similarly, if the court denied William Marbury's request, the court would be seen as weak. Marshall held that appointee Marbury was indeed entitled to his commission. However, Justice Marshall contended that the Judiciary Act of 1789 was unconstitutional, since it purported to grant original jurisdiction to the Supreme Court in cases not involving the States or ambassadors[citation needed]. The ruling thereby established that the federal courts could exercise judicial review over the actions of Congress or the executive branch.
However, Alexander Hamilton, in Federalist No. 78, expressed the view that the Courts hold only the power of words, and not the power of compulsion upon those other two branches of government, upon which the Supreme Court is itself dependent. Then in 1820, Thomas Jefferson expressed his deep reservations about the doctrine of judicial review:
You seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.[13]
Clause 3: Federal trials[edit]
A nineteenth-century painting of a jury.
Clause 3 of Section 2 provides that Federal crimes, except impeachment cases, must be tried before a jury, unless the defendant waives his right. Also, the trial must be held in the state where the crime was committed. If the crime was not committed in any particular state, then the trial is held in such a place as set forth by the Congress. The United States Senate has the sole power to try impeachment cases.[14]
Two of the Constitutional Amendments that comprise the Bill of Rights contain related provisions. The Sixth Amendment enumerates the rights of individuals when facing criminal prosecution and the Seventh Amendment establishes an individual's right to a jury trial in certain civil cases. It also inhibits courts from overturning a jury's findings of fact. The Supreme Court has extended the protections of these amendments to individuals facing trial in state courts through the Due Process Clause of the Fourteenth Amendment.
Section 3: Treason[edit]
Main article: Treason laws in the United States
Iva Toguri, known as Tokyo Rose, and Tomoya Kawakita were two Japanese Americans who were tried for treason after World War II.
Section 3 defines treason and its punishment.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to kill the King or "violating" the Queen, were punishable as treason. In Ex Parte Bollman, 8 U.S. 75 (1807), the Supreme Court ruled that "there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war."[15]
Under English law effective during the ratification of the U.S. Constitution, including the Treason Act 1351, there were essentially five species of treason.[citation needed] Of the five, the Constitution adopted only two: levying war and adhering to enemies. Omitted were species of treason involving encompassing (or imagining) the death of the king, certain types of counterfeiting, and finally fornication with women in the royal family of the sort which could call into question the parentage of royal successors. James Wilson wrote the original draft of this section, and he was involved as a defense attorney for some accused of treason against the Patriot cause.
Section 3 also requires the testimony of two different witnesses on the same overt act, or a confession by the accused in open court, to convict for treason. This rule was derived from an older English statute, the Treason Act 1695.[16]
In Cramer v. United States, 325 U.S. 1 (1945), the Supreme Court ruled that "[e]very act, movement, deed, and word of the defendant charged to constitute treason must be supported by the testimony of two witnesses."[17] In Haupt v. United States, 330 U.S. 631 (1947), however, the Supreme Court found that two witnesses are not required to prove intent, nor are two witnesses required to prove that an overt act is treasonable. The two witnesses, according to the decision, are required to prove only that the overt act occurred (eyewitnesses and federal agents investigating the crime, for example).
Punishment for treason may not "work Corruption of Blood, or Forfeiture except during the Life of the Person" so convicted. The descendants of someone convicted for treason could not, as they were under English law, be considered "tainted" by the treason of their ancestor. Furthermore, Congress may confiscate the property of traitors, but that property must be inheritable at the death of the person convicted.
In Federalist No. 43 James Madison wrote regarding the Treason Clause:
As treason may be committed against the United States, the authority of the United States ought to be enabled to punish it. But as new-fangled and artificial treasons have been the great engines by which violent factions, the natural offspring of free government, have usually wreaked their alternate malignity on each other, the convention have, with great judgment, opposed a barrier to this peculiar danger, by inserting a constitutional definition of the crime, fixing the proof necessary for conviction of it, and restraining the Congress, even in punishing it, from extending the consequences of guilt beyond the person of its author.
Based on the above quotation, it was noted by the lawyer William J. Olson in an amicus curiae in the case Hedges v. Obama that the Treason Clause was one of the enumerated powers of the federal government.[18] He also stated that by defining treason in the U.S. Constitution and placing it in Article III "the founders intended the power to be checked by the judiciary, ruling out trials by military commissions. As James Madison noted, the Treason Clause also was designed to limit the power of the federal government to punish its citizens for “adhering to [the] enemies [of the United States by], giving them aid and comfort.”"[18]
See also[edit]
United States constitutional criminal procedure
References[edit]
Jump up ^ 28 U.S.C. § 1
Jump up ^ Epstein, Lee; Walker, Thomas G. (2007). Constitutional Law for a Changing America: Institutional Powers and Constraints (6th ed.). Washington, D.C.: CQ Press. ISBN 978-1-933116-81-5., at 451.
Jump up ^ "Judges of the United States Courts – Delahay, Mark W.". Federal Judicial Center. n.d. Retrieved 2009-07-02.
Jump up ^ staff (n.d.). "Judges of the United States Courts – English, George Washington". Federal Judicial Center. Retrieved 2009-07-02.
Jump up ^ "Judges of the United States Courts – Kent, Samuel B.". Federal Judicial Center. n.d. Retrieved 2009-07-02.
Jump up ^ "Annotation 1 – Eleventh Amendment – State Immunity". FindLaw. Retrieved May 4, 2013.
Jump up ^ United States v. Texas, 143 U.S. 621 (1892). A factor in United States v. Texas was that there had been an "act of congress requiring the institution of this suit". With a few narrow exceptions, courts have held that Congress controls access to the courts by the United States and its agencies and officials. See, e.g., Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122 ("Agencies do not automatically have standing to sue for actions that frustrate the purposes of their statutes"). Also see United States v. Mattson, 600 F. 2d 1295 (9th Cir. 1979).
Jump up ^ Cohens v. Virginia, 19 U.S. 264 (1821): "[T]he original jurisdiction of the Supreme court, in cases where a state is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised, in consequence of the character of the party."
Jump up ^ Cover, Robert. Narrative, Violence and the Law (U. Mich. 1995): "Every denial of jurisdiction on the part of a court is an assertion of the power to determine jurisdiction...."
Jump up ^ Di Trolio, Stefania. "Undermining and Unintwining: The Right to a Jury Trial and Rule 12(b)(1) Archived July 5, 2011, at the Wayback Machine.", Seton Hall Law Review, Volume 33, page 1247, text accompanying note 82 (2003).
Jump up ^ "The Establishment of Judicial Review". Findlaw.
^ Jump up to: a b c "The Federalist Papers : No. 78". Archived from the original on 29 October 2006. Retrieved 2006-10-28.
Jump up ^ Jefferson, Thomas. The Writings of Thomas Jefferson, Letter to William Jarvis (September 28, 1820).
Jump up ^ U.S. Constitution, Art. I, sec. 3
Jump up ^ Bollman, at 126
Jump up ^ This rule was abolished in the United Kingdom in 1945.
Jump up ^ Cramer, at 34
^ Jump up to: a b Olson, William J. (16 April 2012). "Case 1:12-cv-00331-KBF Document 29-2 Filed 04/16/12 AMICUS CURIAE BRIEF OF VIRGINIA STATE DELEGATE BOB MARSHALL, VIRGINIA STATE SENATOR DICK BLACK, DOWNSIZE DC FOUNDATION, DOWNSIZEDC.ORG, INC., U.S. JUSTICE FOUNDATION, INSTITUTE ON THE CONSTITUTION, GUN OWNERS FOUNDATION, GUN OWNERS OF AMERICA, INC., THE LINCOLN INSTITUTE FOR RESEARCH AND EDUCATION, THE WESTERN CENTER FOR JOURNALISM, CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND, U.S. BORDER CONTROL, RESTORING LIBERTY ACTION COMMITTEE, TENTH AMENDMENT CENTER, CENTER FOR MEDIA AND DEMOCRACY, BILL OF RIGHTS DEFENSE COMMITTEE, PASTOR CHUCK BALDWIN, PROFESSOR JEROME AUMENTE, AND THE CONSTITUTION PARTY NATIONAL COMMITTEE IN SUPPORT OF PLAINTIFFS" (PDF). Friedman, Harfenist, Kraut & Perlstein, PPC. lawandfreedom.com. pp. 15–16.
Bibliography[edit]
Irons, Peter. (1999). A People's History of the Supreme Court. New York: Penguin.
This article incorporates material from Judicial Procedures Reform Bill of 1937.
External links[edit]
Kenneth R. Thomas and Larry M. Eig (Eds). (2014). The Constitution of the United States of America: Analysis and Interpretation., gpo.gov
CRS Annotated Constitution: Article 3, law.cornell.edu
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text:
Elder law in India
From Wikipedia, the free encyclopedia
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (October 2011) (Learn how and when to remove this template message)
The rights of older persons are the entitlements and independence claimed for senior citizens (i.e. above 60 years of age). Elderly rights are one of the fundamental rights of India. The International Day of older persons is celebrated annually on October 1.
The 2001 census of India demonstrated that aged people in India have crossed over 100 million.[citation needed] Many older people in India are not alert about the human rights of older persons, due to high occurrence of illiteracy and lack of alertness. Elder illiteracy directly contributes to a lack of knowledge regarding the human rights for older people in India, and contributes to the infringement of those rights.
Contents
1 Overview
2 Governmental concessions and facilities
2.1 Health
2.2 Travel
2.3 Housing
3 Difficulties faced by older persons
4 See also
5 References
6 Further reading
7 External links
Overview[edit]
Surveys have found that one out of every six older persons living in urban areas in India aren't obtaining proper nutrition, one out of every three older persons does not obtain sufficient health care or medicine, and one out of every two older persons don't receive due respect or good conduct from family members or people in general.[1]
In today's state of urbanization in which women are increasingly joining the workforce, the roots of joint family systems are eroding. Higher numbers of older people who have spent most of their life with their joint/extended families may face loneliness and marginalization in their old age. In rural areas the older members of families, (i.e.: people who are above 60 years of age), are respected more and are considered a strong part of the family as the joint family system remains part of their roots. In villages 46.91% of the older men and 50.1% of older women are from joint families. In rural areas 13,560 out of 29,000 rural elderly have joint families.[citation needed]
Governmental concessions and facilities[edit]
The government of India provides various concessions and facilities to its senior citizens.[2] The Union Cabinet’s latest decision to approve a new law - Maintenance and Welfare of Parents and Senior Citizens Act, 2007, aimed at serving the elderly live in self-respect and peace. The Bill to be introduced in Parliament this monsoon session includes provisions to guard India's senior citizens besides specifically prescribing the State’s role in taking care of them. The Bill also places a legal responsibility on children and relatives to maintain the senior citizen or parent in order to facilitate seniors with a normal life. This obligation applies to all Indian citizens, including those who live abroad. The offspring and relatives of seniors will be required to provide sufficient support for senior citizens, while the state governments will create old age homes in every district.
Health[edit]
Many government and private hospitals provide concessions to the older persons in the treatment of the diseases like cardiac problems, diabetes, kidney problems, blood pressure, joint problems and eye problems. There is also a condition for separate queuing of reservations for hospital beds.
Travel[edit]
Indian railways give 30% concessions in the ticket prices to all the persons aged 60 years and above.[3] It is 50% for women aged over 60 years. Proof of age is required. There are also conditions of lower berth for older persons and also separate counters for booking and cancelling tickets to avoid rushes at the counters. Indian airlines provide 50% concessions in its economy class, (with particular terms and conditions applied). Air India provides 45% concessions to older persons in wheel chairs and are allowed to board the plane first.

high rates of interest to its senior citizens on certain savings plans which are run by the post offices and other private banks.

Housing[edit]
The Indian government provides housing facilities such as retirement homes and recreational or educational centers. These centers provide older persons with opportunities to spend their free time doing various activities. Most recreational centers have fitness clubs, yoga centers, parks, spiritual sessions, picnics, food fests for the health and entertainment of senior citizens. Some old age homes also have libraries other activities such as music classes, arts and crafts, quizzes and indoor games. These activities help to spiritually uplift seniors and can contribute to overall health improvements and mental stability.[4]
Difficulties faced by older persons[edit]
Health and care
Physical and mental health care availability and community and social care aspects of life for the elderly are key concerns.[5] Nutritional problems are also a concern.
Income and housing
Access to employment opportunities, transportation, housing and income are key concerns.[5] Inhumane living conditions are also a concern.
Social networks and customs
Poor social interaction with family and friends, poor social networks, and those without families are some difficulties faced by some senior citizens. Social customs based upon elder neglect, which the elderly may internalize as beliefs are topics of concern. Losing the will to live from a lack of social support is another issue.
Additional concerns
Educational access and opportunities, the potential for leisure pursuits, consumer protections and having access to information are also key concerns.[5]
See also[edit]
Ageing
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
References[edit]
Jump up ^ (April 11, 2011.) Survey of the old reveals human rights violations., The Hindu. Accessed October 2011.
Jump up ^ "Concessions and Facilities given to Senior Citizens." Ministry of Social Justice and Empowerment, Government of India. Accessed October 2011.
Jump up ^ "Concession Rules." Indian Railways Archived April 8, 2014, at the Wayback Machine. (India Government website). Accessed October 2011.
Jump up ^ "Benefits Given to Senior Citizens in India." Gits4u.com. Ganapati Information Technology Services. Accessed October 2011.
^ Jump up to: a b c (April 2011.) "Agewell Study on Human Rights of Older Persons in India." United Nations: Department of Economic and Social Affairs (DESA) - Economic and Social Council (ECOSOC). Accessed October 2011.
Further reading[edit]
Singh, Rakesh K. "Rights Of Senior Citizen: Need Of The Hour." Legalserviceindia.com. Accessed October 2011.
External links[edit]
"Know your Rights being a Senior Citizen." - from technospot.in
Helpageindia.com
[UN Ageing http://www.un.org/en/globalissues/ageing/]
[UN Open Ended Working Group http://social.un.org/ageing-working-group/]
[International Network for the Prevention of Elder Abuse http://inpea.net/]
[UN DSPD Ageing http://undesadspd.org/Ageing.aspx]
Retrieved from "https://en.wikipedia.org/w/index.php?title=Elder_law_in_India&oldid=801303109"
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Law in India
Old age in India
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text:
Beauty and the Beast (2017 soundtrack)
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Beauty and the Beast: Original Motion Picture Soundtrack
Soundtrack album by Various artists
Released
March 10, 2017 (2017-03-10)[1]
Recorded
2015–2016
Genre
Film soundtrack
Length
53:31
2:11:26 (Deluxe Edition)
Label
Walt Disney
Producer
Alan Menken
Matt Sullivan
Mitchell Leib
Singles from Beauty and the Beast: Original Motion Picture Soundtrack
"Beauty and the Beast"
Released: February 2, 2017
"Evermore"
Released: March 3, 2017[2]
Beauty and the Beast: Original Motion Picture Soundtrack is the soundtrack album to the 2017 film Beauty and the Beast. In the film, Belle is taken prisoner by a fearsome Beast in his enchanted castle and learns to look beyond his appearance while evading a narcissistic hunter who seeks to take Belle for himself.
The album, largely based on material from Disney's previous animated version, features songs and instrumental score composed by Alan Menken with lyrics by Howard Ashman and three new songs composed by Alan Menken with lyrics by Tim Rice. The songs feature vocal performances by the film's ensemble cast including Emma Watson, Dan Stevens, Luke Evans, Kevin Kline, Josh Gad, Ewan McGregor, Stanley Tucci, Audra McDonald, Gugu Mbatha-Raw, Nathan Mack, Ian McKellen, and Emma Thompson.
Contents
[hide]
1 Track listing
2 Commercial performance
3 Charts
4 Certifications
5 See also
6 References
Track listing[edit]
All music composed by Alan Menken. Songs originally written for the 1991 version by Menken and Howard Ashman. Lyrics for original songs are written by Tim Rice.
No.
Title
Performer(s)
Length
1. "Overture" (Score) Alan Menken 3:05
2. "Main Title: Prologue Pt. 1" Hattie Morahan (narration) 0:42
3. "Aria" Audra McDonald 1:02
4. "Main Title: Prologue Pt. 2" Hattie Morahan (narration) 2:21
5. "Belle" Emma Watson, Luke Evans, Ensemble 5:33
6. "How Does a Moment Last Forever (Music Box)" Kevin Kline 1:03
7. "Belle (Reprise)" Emma Watson 1:15
8. "Gaston" Luke Evans, Josh Gad, Ensemble 4:25
9. "Be Our Guest" Ewan McGregor, Emma Thompson, Gugu Mbatha-Raw and Ian McKellen 4:48
10. "Days in the Sun" Adam Mitchell, Stanley Tucci, Ewan McGregor, Gugu Mbatha-Raw, Emma Thompson, Audra McDonald, Emma Watson, Ian McKellen, Clive Rowe 2:40
11. "Something There" Emma Watson, Dan Stevens, Emma Thompson, Nathan Mack, Ian McKellen, Ewan McGregor, Gugu Mbatha-Raw 2:54
12. "How Does a Moment Last Forever (Montmartre)" Emma Watson 1:55
13. "Beauty and the Beast" Emma Thompson 3:19
14. "Evermore" Dan Stevens 3:14
15. "The Mob Song" Luke Evans, Josh Gad, Ensemble, Emma Thompson, Ian McKellen, Stanley Tucci, Nathan Mack, Gugu Mbatha-Raw, Ewan McGregor, Gerard Horan, Haydn Gwynne 2:28
16. "Beauty and the Beast (Finale)" Audra McDonald, Emma Thompson, Ensemble 2:14
17. "How Does a Moment Last Forever" Celine Dion 3:37
18. "Beauty and the Beast" Ariana Grande & John Legend 3:47
19. "Evermore" Josh Groban 3:09
Total length: 53:31
[show]Deluxe edition – Disc one (Bonus Tracks)
No.
Title
Performer(s)
Length
20. "Aria" (Demo) Menken 0:36
21. "How Does a Moment Last Forever" (Demo) Menken 0:59
22. "Days in the Sun" (Demo) Menken 3:30
23. "How Does a Moment Last Forever" (Demo) Menken 1:21
24. "Evermore" (Demo) Menken 2:55
Total length: 62:52
[show]Deluxe edition – Disc two
No.
Title
Performer(s)
Length
1. "Main Title: Prologue" (Score) Menken 3:01
2. "Belle Meets Gaston" (Score) Menken 0:54
3. "Your Mother" (Score) Menken 2:13
4. "The Laverie" (Score) Menken 1:22
5. "Wolf Chase" (Score) Menken 3:14
6. "Entering the Castle" (Score) Menken 1:18
7. "A White Rose" (Score) Menken 3:57
8. "The Beast" (Score) Menken 4:03
9. "Meet the Staff" (Score) Menken 1:00
10. "Home" (extended mix) (Score) Menken 2:04
11. "Madame de Garderobe" (Score) Menken 1:28
12. "There's a Beast" (Score) Menken 2:02
13. "A Petal Drops" (Score) Menken 1:02
14. "A Bracing Cup of Tea" (Score) Menken 2:06
15. "The West Wing" (Score) Menken 2:58
16. "Wolves Attack Belle" (Score) Menken 3:17
17. "The Library" (Score) Menken 3:05
18. "Colonnade Chat" (Score) Menken 2:54
19. "The Plague" (Score) Menken 0:51
20. "Maurice Accuses Gaston" (Score) Menken 2:01
21. "Beast Takes a Bath" (Score) Menken 1:21
22. "The Dress" (Score) Menken 1:01
23. "You Must Go to Him" (Score) Menken 2:50
24. "Belle Stops the Wagon" (Score) Menken 2:42
25. "Castle Under Attack" (Score) Menken 4:20
26. "Turret Pursuit" (Score) Menken 2:12
27. "You Came Back" (Score) Menken 5:13
28. "Transformations" (Score) Menken 4:06
Total length: 68:34
The Spotify version of the album instead opens with Celine Dion's "How Does a Moment Last Forever", followed by Ariana Grande and John Legend's "Beauty and the Beast", and Josh Groban's "Evermore", with the rest of the songs in the same order.
Commercial performance[edit]
The album debuted at No. 3 on the Billboard 200 chart with 57,000 units, 48,000 of which are traditional album sales.[3] It has sold 337,000 copies in the United States as of July 2017.[4]
Charts[edit]
Chart (2017)
Peak
position
Australian Albums (ARIA)[5]
4
Austrian Albums (Ö3 Austria)[6]
10
Belgian Albums (Ultratop Flanders)[7]
5
Belgian Albums (Ultratop Wallonia)[8]
26
Canadian Albums (Billboard)[9]
7
Danish Albums (Hitlisten)[10]
32
Dutch Albums (MegaCharts)[11]
44
Finnish Albums (Suomen virallinen lista)[12]
23
Irish Albums (IRMA)[13]
8
Mexican Albums (AMPROFON)[14]
(Spanish version)
11
New Zealand Albums (RMNZ)[15]
7
Norwegian Albums (VG-lista)[16]
12
Polish Albums (ZPAV)[17]
46
Scottish Albums (OCC)[18]
6
South Korean Albums (Gaon)[19]
34
South Korean Albums International (Gaon)[20]
1
Spanish Albums (PROMUSICAE)[21]
60
Swiss Albums (Schweizer Hitparade)[22]
19
UK Albums (OCC)[23]
8
UK Soundtrack Albums (OCC)[24]
1
US Billboard 200[25]
3
US Soundtrack Albums (Billboard)[26]
1
Certifications[edit]
Region
Certification
Certified units/Sales
United Kingdom (BPI)[27]
Silver 60,000^
*sales figures based on certification alone
^shipments figures based on certification alone
See also[edit]
Beauty and the Beast (1991 soundtrack)
References[edit]
Jump up ^ Coggan, Devan (January 19, 2017). "Celine Dion to perform new song for live-action Beauty and the Beast". Entertainment Weekly. Retrieved January 26, 2016.
Jump up ^ "Evermore from beauty and the beast single".
Jump up ^ Caulfield, Keith (March 19, 2017). "Ed Sheeran's 'Divide' Spends Second Week at No. 1 on Billboard 200, 'Beauty and the Beast' Debuts at No. 3". Billboard.
Jump up ^ Caulfield, Keith (July 4, 2017). "Kendrick Lamar's 'DAMN.' & Ed Sheeran's 'Shape of You' Lead Nielsen Music's Mid-Year 2017 Charts". Billboard. Retrieved 4 July 2017.
Jump up ^ "ARIA Australian Top 50 Albums". Australian Recording Industry Association. April 3, 2017. Retrieved April 1, 2017.
Jump up ^ "Austriancharts.at – Soundtrack – Die Schöne und das Biest %5B2017%5D" (in German). Hung Medien. Retrieved March 29, 2017.
Jump up ^ "Ultratop.be – Soundtrack – Beauty and the Beast %5B2017%5D" (in Dutch). Hung Medien. Retrieved March 18, 2017.
Jump up ^ "Ultratop.be – Soundtrack – Beauty and the Beast %5B2017%5D" (in French). Hung Medien. Retrieved March 25, 2017.
Jump up ^ "On The Charts...This Week". FYIMusicNews. Retrieved March 21, 2017.
Jump up ^ "Hitlisten.NU – Album Top-40 Uge 12, 2017". Hitlisten. Retrieved March 29, 2017.
Jump up ^ "Dutchcharts.nl – Soundtrack – Beauty and the Beast %5B2017%5D" (in Dutch). Hung Medien. Retrieved March 18, 2017.
Jump up ^ "Elokuvamusiikkia: Beauty And The Beast (Original Motion Picture Soundtrack)" (in Finnish). Musiikkituottajat – IFPI Finland. Retrieved April 2, 2017.
Jump up ^ "Irish Albums Chart: 21 April 2017". Irish Recorded Music Association. Retrieved April 21, 2017.
Jump up ^ "Top Album - Semanal (del 24 de Marzo al 30 de Marzo)" (in Spanish). Asociación Mexicana de Productores de Fonogramas y Videogramas. Archived from the original on April 26, 2017. Retrieved April 26, 2017.
Jump up ^ "NZ Top 40 Albums Chart". Recorded Music NZ. April 10, 2017. Retrieved April 7, 2017.
Jump up ^ "VG-lista – Topp 40 Album uke 13, 2017". VG-lista. Retrieved April 1, 2017.
Jump up ^ "Oficjalna lista sprzedaży :: OLiS - Official Retail Sales Chart". OLiS. Polish Society of the Phonographic Industry. Retrieved March 30, 2017.
Jump up ^ "Official Scottish Albums Chart Top 100". Official Charts Company. Retrieved March 25, 2017.
Jump up ^ "2017년 10주차 Album Chart" (in Korean). Gaon Music Chart. Retrieved March 18, 2017.
Jump up ^ "2017년 12주차 Album Chart" (in Korean). Gaon Music Chart. Retrieved April 8, 2017.
Jump up ^ "Top 100 Albumes — Semana 11: del 10.03.2017 al 16.03.2017" (in Spanish). Productores de Música de España. Retrieved March 24, 2017.
Jump up ^ "Swisscharts.com – Soundtrack – Beauty and the Beast %5B2017%5D". Hung Medien. Retrieved March 29, 2017.
Jump up ^ "Official Albums Chart Top 100". Official Charts Company. Retrieved March 25, 2017.
Jump up ^ "Official Soundtrack Albums Chart Top 50". Official Charts Company. Retrieved March 18, 2017.
Jump up ^ "Ed Sheeran's 'Divide' Spends Second Week at No. 1 on Billboard 200, 'Beauty and the Beast' Debuts at No. 3". Billboard. Retrieved March 20, 2017.
Jump up ^ "Soundtrack Albums: The Week of April 1, 2017". Billboard. Retrieved March 21, 2017.
Jump up ^ "British album certifications – Motion Picture Cast Recording – Beauty and the Beast". British Phonographic Industry. Enter Beauty and the Beast in the search field and then press Enter.
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Disney's Beauty and the Beast
Films
Animation
Beauty and the Beast (1991)
Beauty and the Beast: The Enchanted Christmas (1997)
Belle's Magical World (1998)
Belle's Tales of Friendship (1999)
Live-action
Beauty and the Beast (2017)
Adaptations
Musical (1994)
The Fire Rose (novel) 1995
Live on Stage (1991)
Sing Me a Story with Belle (1995–1999)
Be Our Guest Restaurant (2012)
Video games
Beauty & The Beast: Belle's Quest (1993)
Beauty & The Beast: Roar of the Beast (1993)
Beauty and the Beast (1994; NES)
Disney's Beauty and the Beast (1994; Super NES)
Disney's Beauty and the Beast Print Kit (1994)
Disney's Beauty & The Beast: A Boardgame Adventure (1999)
Disney's Beauty and the Beast Magical Ballroom (2000)
Music
1991 film soundtrack
"Belle"
"Gaston"
"Be Our Guest"
"Something There"
"Beauty and the Beast"
"The Mob Song"
1994 musical soundtrack
"If I Can't Love Her"
"Human Again"
"A Change in Me"
2017 film soundtrack
"How Does a Moment Last Forever"
"Days in the Sun"
"Evermore"
Related
The Music Behind the Magic
Characters
Belle
Beast
Gaston
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Gabrielle-Suzanne Barbot de Villeneuve's Beauty and the Beast
Film
La Belle et la Bête (1946)
The Scarlet Flower (1952)
Beauty and the Beast {1962)
Beauty and the Beast {1976)
Panna a netvor (1978)
Beauty and the Beast {1987)
Beauty and the Beast (1991)
soundtrack
Beauty and the Beast (1992)
Beauty and the Beast: The Enchanted Christmas (1997)
Beauty and the Beast (or Blood of Beasts, 2005)
Beauty and the Beast (2009)
Beastly (2011)
Beauty and the Beast (2014)
Little Miss Perfect (2016)
Beauty and the Beast (2017)
soundtrack
Television
Series
Beauty and the Beast, (1987)
Exile (2003)
Beauty & the Beast (2012)
episodes
Brahmarakshas (2016)
Episodes
"Reptar on Ice" (1992)
"Skin Deep" (2012)
"Her Handsome Hero" (2016)
Literature
The Scarlet Flower (1858)
Beauty: A Retelling of the Story of Beauty and the Beast (1978)
Lord of Scoundrels (1995)
Rose Daughter (1997)
The Quantum Rose (2000)
Beastly (2007)
Fashion Beast (2012)
Stage
Zémire et Azor (opera)
Beauty and the Beast Live on Stage (stage)
Beauty and the Beast (musical)
Songs
"Beauty and the Beast" (1983)
"Election Day" (1985)
"Beauty and the Beast" (1991)
Other
Disney Characters
Disney's Beauty and the Beast (video game)
Beauty and the Beast (Disney franchise)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Beauty_and_the_Beast_(2017_soundtrack)&oldid=794925928"
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Disney's Beauty and the Beast
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