B.A.

, Public Administration
First Year

BPAS -11

INTRODUCTION TO PUBLIC
ADMINISTRATION

SCHOOL OF POLITICS AND PUBLIC ADMINISTRATION

TAMIL NADU OPEN UNIVERSITY

577, ANNA SALAI, SAIDAPET, CHENNAI - 15

OCTOBER 2021
 Name of Programme: BA Public Administration

Name of the Course Code with BPAS - 11 INTRODUCTION TO PUBLIC

Title: ADMINISTRATION

Curriculum Design : Dr. R. Arumugam Assistant Professor, SOPPA

Course Writer: Dr. Anbu arumugam

Content Editor : Dr. Anbu arumugam

Course Coordinator Dr. R. Arumugam

Translator Dr. D. Prema

October 2021 (First Edition)

Reprint (Year)

ISBN No: 978-93-95914-26-0

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 BPAS – 11 - INTRODUCTION TO PUBLIC ADMINISTRATION
Scheme of Lesson
Block I Introduction
Unit-1 Meaning, Nature, Scope and importance of Public
Administration
Unit-2 Evolution of Public Administration
Unit-3 Public Administration and other social sciences relations
Unit-4 New Public Administration
Block II Approaches to the Study of Public Administration
Unit-5 Approaches to the study of public administration
Unit-6 Public Administration is an art or science
Block III Principles of Organization
Unit-7 Organization - Types of organization
Unit-8 Principles of organization: Hierarchy-Span of Control
– Delegation-Centralization and Decentralization-Supervision
Block IV Administrative Organization
Unit-9 Departments and Boards
Unit-10 Public Corporations
Unit-11 Independent Regulatory Commission
Block V Good Governance
Unit-12 Good Governance: Concept and Application
Unit-13 Essentials of Good Governance
Unit-14 Welfare state
Unit-15 Role of ICT in Good Governance
References:
1. Avasthi, A and Maheshwari, S R (2013), Public Administration,
Lakshmi Narain Agarwal, Agra.
2. Bhambri,C.P.(2010) Public Administration Theory and Practice,
Educational Publishers: Meerut, (21stEdition).
3. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
4. Ramesh K.Arora (2012), Indian Public Administration: Institutions and
Issues, New age international publishers, 3rd edition.
5. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.
6. Rumki Basu (2019), Public administration concepts and theories,
Sterling Publications Private Limited, 5th edition.
 BPAS – 11 - INTRODUCTION TO PUBLIC ADMINISTRATION
Syllabus

Block I Introduction 1
Unit-1 Meaning, Nature Scope and importance of 2 – 14
Public Administration
Unit-2 Evolution of Public Administration 15 – 27
Unit-3 Public Administration and other social 28 – 37
sciences relations
Unit-4 New Public Administration 38 – 49
Block II Approaches to the Study of Public 50
Administration
Unit-5 Approaches to the study of public 51 – 62
administration
Unit-6 Public Administration is an art or science 63 – 70
Block III Principles of Organization 71
Unit-7 Organization - Types of organization 72 – 82
Unit-8 Principles of organization: Hierarchy - Span of 83 – 96
Control – Delegation - Centralization and
Decentralization - Supervision
Block IV Administrative Organization 97
Unit-9 Departments and Boards 98 – 111
Unit-10 Public Corporations 112 – 124
Unit-11 Independent Regulatory Commission 125 – 136
Block V Good Governance 137
Unit-12 Good Governance: Concept and Application 138 – 145
Unit-13 Essentials of Good Governance 146 – 156
Unit-14 Welfare state 157 – 166
Unit-15 Role of ICT in Good Governance 167 – 181
Model Question Paper 182
Plagiarism Report 183
 18.10.2021

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Vanakkam,
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 Block I
Introduction

Unit - 1 Meaning, Nature, Scope and importance of Public

Administration

Unit - 2 Evolution of Public Administration

Unit - 3 Public Administration and other social sciences relations

Unit - 4 New Public Administration

1
UNIT 1

MEANING, NATURE, SCOPE AND IMPORTANCE OF PUBLIC

ADMINISTRATION
STRUCTURE
Overview
Learning Objectives
1.1 Introduction
1.2 Meaning of Administration
1.3 Administration, Organisation and Management
1.4 Defining Public Administration
1.5 Nature of Public Administration
1.6 Scope of Public Administration
1.7 Public and Private Administration
1.8 Difference between Public and Private Administration
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Aside from the reasons referred to the fast development of populace,
present day fighting, expansion in regular and synthetic catastrophes,
decrease in friendly congruity, expansion in viciousness because of
contentions, mutual uproars, ethnic conflicts, psychological warfare, and
so forth have expanded the significance of policy management. It's
implied that policy implementation isn't just the employable yet in
addition the most clear piece of the public authority. It is an
indispensable cycle accused of execution still up in the air, government
assistance situated, and formative destinations. In this Unit a work has
been made to bring the idea of organization, policy implementation
specifically, nearer to you. This arrangement will take you through the
whole course of Public Administration.

2
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the definition of Administration & Public Administration.
 Describe the nature of Public Administration.
 Explain the scope of Public Administration.
 Know the distinguish between Private and Public Administration.
1.1 INTRODUCTION
Organization as a movement is pretty much as old as society itself. Be
that as it may, as a space of study it started, with the distribution of
Wilson's paper on investigation of Administration in 1887. As an
interaction, organization happens in both public and private associations.
It happens in such different establishment as settings as a business firm,
worker's guilds, strict or beneficent associations, instructive
organizations and so on. Its inclination is influenced by the sphere with
which it is concerned. Organization is ordinarily separated into two kinds,
Public and Private Administration. As a part of government action it has
existed since the rise of political systems. While policy implementation
identifies with the exercises completed by government, private
organization alludes to the administration of personal business
undertakings. Comprehend the working of organization for on this lies
the comprehension of the public authority. In what follows, we will
analyse the importance, nature and extent of policy management.
1.2 MEANING OF ADMINISTRATION
The word 'regulate' is gotten from the Latin word administare, which
intends to really focus on or to care for individuals, to oversee
undertakings. Organization might be characterized as "bunch action
which includes collaboration and coordination to accomplish wanted
objectives or targets". Extensively talking, the term organization seems
to bear something like four unique implications or various faculties
relying on the setting wherein it is utilized:
(1) As a Discipline: The name of a part of learning or scholarly discipline
as instructed and examined in schools and colleges.
(2) As a Vocation: Type of work/exchange or calling/occupation,
particularly one that includes information and preparing in a part of
advance learning.
(3) As a Process: The aggregate of exercises embraced to execute
Public Policy or approaches to create a few administrations or products.
(4) As a Synonym for 'word' Executive or Government: Such other

3
assemblage of people in incomparable charge of undertakings.
E.N. Encourage "Organization is a long and marginally grandiose word,
however it has an unassuming importance, for it intends to really focus
on or take care of individuals, to manage issues not really set in stone
activity taken in quest for cognizant reason".
Streams Adams "Organization is the limit of planning many, and
regularly clashing, social energies in a solitary organic entity, so
dexterously that they will work as a solidarity.
Felix A. Nigro "Organization is the association and utilization of men and
materials to achieve a reason".
J.M. Pfiffner and R. Presthus "Organization is the association and
course of human and material assets to accomplish wanted finishes".
A short investigation of the definitions recorded above uncovers that
organization involves two fundamentals, in particular (1) agreeable
exertion, and (2) quest for normal destinations. One doesn't discover any
organization in case there is just a typical reason without an aggregate
exertion or the other way around. Organization is additionally called a
'innovation of social connections'. Accordingly, organization is a cycle
normal to all collective endeavours, public or private, common or
military, huge scope or limited scope.
1.3 ADMINISTRATION, ORGANISATION AND MANAGEMENT

First we have to know about organisation, boards and association in

order to understand the public administration. As indicated by William
Schulze Administration is the power, which sets out the item for which
an association and its administration are to endeavor and the expansive
strategies under which they are to work. An Organization is a blend of
the essential people, materials, apparatuses, hardware and working
space, appurtenances united in orderly and viable co-connection to
achieve some ideal item. The board is what leads directs and
coordinates an association for the achievement not really settled article.
To put the above in straightforward terms, organization defines the
objective, the board endeavors to accomplish it and association is the
machine of the administration for the fulfilment of the finishes controlled
by the organization. A few researchers have an alternate view about the
organization and the executives.
As per Peter Drucker the board is related with the business
movement, which needs to show monetary execution, though
organization is related with the non-business exercises like exercises of

4
the Government. The other view is that organization is related with
performing routine things in known settings as per certain techniques,
rules, and guidelines. The Management is related with performing
capacities like danger taking, dynamic, inventive and creative capacities.
A few researchers of Public Administration are firmly connected with the
primary view that is, organization is a determinative capacity. The board,
on other hand is a leader work that is essentially worried about doing the
wide arrangements set somewhere around the organization. Association
is the apparatus through which coordination is set up among
organization and the board.
1.4 DEFINING PUBLIC ADMINISTRATION
L.D. White sees that albeit policy management fluctuates in
structure and protests, and albeit the organization of public and
exclusive issues varies at many focuses, there is a fundamental
likeness, if not character. As an essential part of such nonexclusive idea,
policy implementation could be identified with that sort of organization,
which works inside a particular environmental setting. It is a way to
complete the approach choices made by political chief. To be seen
alongside it is the 'Public' part of Public organization, which credits an
uncommon person and concentration to it. 'Public' can be taken a
gander at officially to signify 'government'. Along these lines, policy
management is government organization, government in real life, or a
financial and politico-authoritative intersection, the emphasis being
particularly on open administration. Reference book Britannica
characterizes policy management as 'the use of a strategy of a state
through its administration.' Public Administration, consequently, alludes
to that piece of organization, which relates to the authoritative exercises
of the public authority. Presently we will attempt to investigate the
meanings of Public Administration given by different researchers.
Woodrow Wilson Public organization is the point by point and deliberate
use of law. Each specific utilization of law is a demonstration of
organization.
L.D. White "Public administration comprises of that load of activities
having for their motivation the satisfaction or implementation of public
approach". It incorporates military just as common issues, a large part of
crafted by courts, and every one of the extraordinary fields of
government action police, training, wellbeing, development of public
works, preservation, federal retirement aide, and numerous others. The
direct of public undertakings in cutting edge civilisations requires the
work of pretty much every calling and expertise designing, law,

5
medication, and instructing; the artworks, the specialized fortes, the
workplace abilities, and numerous others.
Nicholas Henry "Public Administration is a wide running and nebulous
mix of hypothesis and practice and its motivation is to advance an
unrivalled comprehension of government and its relationship with the
general public, it administers, just as to empower public arrangements
more receptive to social necessities and to organize administrative
practices sensitive to viability, proficiency and the more profound human
imperatives of the populace".
In total, public administration:
 Is the non-political working in a political framework.
 Manages the closures of the State, the sovereign will, the public
interests and laws.
 Is the business side of government and as such worried about
strategy execution, yet it is likewise worried about approach
making.
 Covers every one of the three parts of government, in spite of the
fact that it will in general be moved in the presidential branch.
 Gives administrative and administration capacities to individuals to
accomplish great life.
 Contrasts fundamentally from private organization, particularly in
its accentuation on the general population.
 Is interdisciplinary like political theory, financial aspects and human
science.
1.5 NATURE OF PUBLIC ADMINISTRATION
The Nature of Public Administration has two perspectives as Integral
and Managerial. As per the essential view, 'organization' is the
aggregate of the relative multitude of exercises as manual,
administrative, administrative, and so on, which are embraced to
understand the destinations of the association. In this view every one of
the demonstrations of authorities of the public authority from the
Attendant to the Secretaries to the public authority and Head of the State
establish Public Administration. Henri Fayol and L.D. White are the allies
of this view. As per the administrative perspective on organization, the
administrative exercises of individuals who are engaged with arranging,
sorting out, ordering, planning and controlling comprise Public
Administration.

6
This view sees organization as finishing things and not getting things
done. Luther Gullick, Herbert Simon, Smithburg and Thompson are the
allies of this view. The administrative view prohibits Public Administration
from non-administrative exercises like manual, administrative and
specialized exercises.
The two perspectives vary from one another from multiple points of view.
As per Prof. M.P. Sharma the contrast between the two perspectives is
crucial. The essential view incorporates the exercises of the multitude of
people occupied with organization while the administrative view confines
itself just to the exercises of the couple of people at the top. The
necessary view portrays a wide range of exercises from manual to
administrative, from nontechnical to specialize though the administrative
view considers just the administrative exercises in an association.
Moreover, organization, as per the indispensable view would contrast
starting with one circle then onto the next relying on the topic, however
though that won't be the situation as per the administrative perspective
in light of the fact that the administrative view is related to the
administrative methods normal to every one of the fields of organization.
The distinction between the two perspectives identifies with the contrast
among the board and activity or we might say between finishing things
and getting things done. The right importance of the term organization
would nonetheless, rely on the setting where it is utilized. Dimock,
Dimock and Koening summarize in the accompanying words: "As a
review policy implementation inspects each part of government's
endeavours to release the laws and to offer impact to public strategy; as
an interaction, it is every one of the means taken between the time a
requirement office accepts locale and the last break is set (yet
incorporates likewise that organization's support, assuming any, in the
detailing of the program in any case); and as a job, it is coordinating and
coordinating the exercises of others in a public office."
1.6 SCOPE OF PUBLIC ADMINISTRATION
By the extent of Public Administration, we mean the significant worries of
Public Administration as an action and as a discipline.
1.6.1 Extent of Public Administration as an action
Extensively speaking, Public Administration accepts every one of the
exercises of the public authority. Consequently as a movement the
extent of policy implementation is no not exactly the extent of state
action. In the advanced government assistance state individuals
anticipate numerous things a wide assortment of administrations and

7
assurance from the public authority. In this setting policy implementation
gives various government assistance and federal retirement aide
administrations to individuals. Furthermore, it needs to oversee
government possessed ventures and control private enterprises. Policy
management covers each region and action inside the ambit public
arrangement. In this manner, the extent of policy implementation is
extremely wide in current state.
1.6.2 Extent of Public Administration as a Discipline
The POSDCoRB see several journalists have characterized the extent of
policy implementation in fluctuating terms. Gullick summarizes the extent
of the subject by the letters of the word POSDCoRB which mean:
Planning, Organization, Staffing, Directing, Co-ordinating detailing the
Budgeting. Arranging implies the working out in wide layout what to be
done, the techniques to be taken on to achieve the purpose.POSDCoRB
gives solidarity, assurance, and definiteness and makes the concentrate
more orderly. The pundits brought up that the POSDCoRB exercises
were neither the entire of organization, nor even its main piece. The
POSDCoRB see overlooks the way that deferent offices are confronted
with various regulatory issues, which are impossible to miss to the idea
of the administrations, they render and the capacities they performed.
The POSDCoRB see thinks about just the normal procedures of the
organization and overlooks the investigation of the 'topic' with which the
office is concerned. A significant imperfection is that the POSDCoRB
see doesn't contain any reference to the definition and execution of the
arrangement. In this way, the extent of organization is characterized
barely, being excessively internal looking and excessively aware of the
top administration.
1.6.3 The Subject Matter View
We as a whole realize that policy implementation bargains with the
cycles as well as with the considerable issue of organization, like
Defense, Law and Order, Education, Public Health, Agriculture, Public
Works, Social Security, Justice, Welfare, and so forth These
administrations require POSDCoRB procedures as well as have
significant particular strategies of their own which are not covered by
POSDCoRB methods. For instance, on the off chance that you take
Police Administration it has its own procedures in wrongdoing
identification, support of Law and Order, and so on, which are a lot and
more imperative to efficient police work, than the proper standards of
association, faculty the executives, coordination or money and it is
something similar with different administrations as well. Subsequently,

8
the investigation of policy implementation should manage both the
cycles. We finish up the extent of policy management with the assertion
of Lewis Meriam: "Public Administration is an instrument with two cutting
edges like some scissors. One cutting edge might be information on the
field covered by POSDCoRB, the other edge is information on the topic
in which these methods are applied. The two cutting edges should be
great to make a powerful instrument".
1.7 PUBLIC AND PRIVATE ADMINISTRATION
The significant worry of organization is to appropriately sort out men and
material for accomplishing wanted closures. As a co-usable gathering
movement, organization is really all inclusive and works in a wide range
of public and private associations. All in all, organization happens in both
public and private institutional settings. Its temperament relies on the
idea of the laying out and objectives with which it is concerned. Based
on the idea of the institutional setting, policy implementation can be
generally recognized from private organization. Policy management is
legislative organization worried about accomplishing state purposes,
dictated by the state. Private organization, then again is, worried about
organization of personal business association and is unmistakable from
policy implementation. Allow us to expand this
As per Simon, the qualification among public and private organization
relates predominantly to three focuses:
• Public organization is regulatory though private organization is
professional;
• Public organization is political where as private organization is non-
political; and
• Public organization is portrayed by formality where as private
organization is liberated from it.
Felix A. Nigro has brought up that administration is likewise not quite the
same as private association, as no privately owned business can
equivalent to it in size and variety of exercises.
As per Paul H. Appleby policy implementation is not quite the same as
private organization. He comment, "In wide terms the legislative capacity
and disposition have no less than three reciprocal viewpoints that go to
separate government from any remaining establishments and exercises
broadness of extension, effect and thought; public responsibility; political
person. No non-legislative foundation has the broadness of government.

9
Appleby noticed that the political person of Public Administration
separates it from private organization. Policy management is dependent
upon political course and control. This is the essential differentiation
between the two. He further contends, "Organization is governmental
issues since it should be receptive to the public interest. It is important to
accentuate the way that famous political cycles, which are the pith of
majority rules system, can just work through legislative association, and
that all administrative associations are not simply authoritative
substances. They should be political organic entities."
1.7.1 Likenesses among Public and Private Administration
Researchers like Henry Fayol, Mary P. Follet and L. Urwick don't make a
qualification among public and private organization. The traditional
authors held the view that public and private organizations are the
undifferentiated individuals from the family organization. Henri Foyal, for
instance, says that there is just a single regulatory science, which can be
applied similarly well to public and private areas.
In his location in the Second International Congress of Administrative
Science, Fayol commented, "The importance which I have given to the
word organization and which has been by and large took on, expands
significantly the field of regulatory sciences. It embraces the public
assistance as well as ventures of each size and depiction, of each
structure and each reason. All endeavors require arranging, association,
order, co-appointment and control and to work appropriately, all should
notice similar general standards. We are as of now not faced with a few
authoritative sciences however with one which can be applied similarly
well to public and to exclusive issues".
With this concise characterisation, it very well may be expressed that
both public and private organization are set in various conditions. In any
case, this distinction is more evident than genuine. As indicated by
Waldo, The speculation which recognize policy implementation from
private organization by unique consideration for fairness of treatment,
legitimate authorisation of, and obligation of activity, public support of
choices, monetary honesty and carefulness, and so forth are of
extremely restricted relevance," indeed open and private organizations
are the "two types of similar class, yet they have uncommon qualities
and strategies of their own which provide for every its particular person.

10
1.8 DIFFERENCE BETWEEN PUBLIC AND PRIVATE
ADMINISTRATION
The investigation of organization expected importance, as per Woodrow
Wilson, as a result to the expanding intricacies of society, developing
elements of state and development of governments on equitable lines.
This thorough rundown of capacities made to think with respect to 'how'
and in what 'headings' these capacities ought to be adequately
performed. To this Wilson proposed that there was a need to change the
public authority in the authoritative field. According to Wilson, the object
of regulatory review is to find what government can appropriately and
effectively does and how it can do these things with most extreme
proficiency and the most unconceivable expense both of cash and of
energy.
One of the significant reasons is the pragmatic worry that the public
authority today needs to pursue the public interest. The above all else
objective of policy implementation is to proficiently convey public
administrations. In this specific situation, Wilsonian meaning of the
subject as proficiency advancing and even minded field was the principal
expressly expressed proclamation on the significance of a different
discipline of policy management. During the main portion of the first
century, quantities of nations have selected advisory groups to
investigate the issues of organization and prescribed appropriate
authoritative hardware to react to different public necessities. The
Haldane Committee Report (1919) in Britain; the President's Committee
on Administrative Management (1937) in the United States; A.D.
Gorwala Committee's and Paul H. Appleby's Reports in India are a
portion of the instances of the endeavours by different nations to make
changes in policy implementation.
During the most recent forty years likewise, various reports, created by
advisory groups/commissions delegated by governments in different
nations or multilateral organizations, and books distributed by
researchers have improved the discipline and given new viewpoints to
policy management to tune it to the changing requirements of the
occasions. They include: Report of the Committee on the Civil Services
(Fulton Committee Report, U.K., 1968); different reports of the
Administrative Reforms Commission (India, 1967-72); Reinventing
Government (U.S.A., look by David Orborne and Ted Gabler, 1992),
Governance and feasible Development (UNDP, 1997) and World
Development Report: Building Institutions for Markets (The World Bank,
2002).

11
1.8.1 Significance of Public Administration as an Activity
The contemporary age, which has seen the development of 'Regulatory
State', policy implementation has turned into a fundamental piece of
society and a predominant factor. The capacities it is called upon to
perform, have extended in degree and nature, and likewise, are
ceaselessly expanding. A large number of them are surer in nature since
they care for the fundamental necessities of human existence, be
ithealth, schooling, diversion, disinfection, government backed
retirement or others. It is, subsequently, an imaginative factor, with its
aphorism being 'human government assistance'. These capacities are
far beyond its administrative capacities. The viewpoints of prominent
researchers, as alluded to underneath, plentifully mirror the meaning of
policy implementation.
The job of policy management in different features is noted beneath:
1. Basis of the Government: A Government can exist without a
council or an autonomous legal executive. Yet, no Government can
exist without organization.
2. An instrument for offering types of assistance: Policy
management is fundamentally worried about the presentation of
different exercises performed by government in the public interest.
Felix A. Nigro suitably comments, "The genuine center of
organization is the essential assistance which is performed for the
general population".
3. An instrument for executing strategies: Present day governments
go far in detailing and embracing sound approaches laws and
guidelines. It ought not to be failed to remember that such
arrangements, laws, and so on are not simply printed papers. Such
paper presentations of aim are converted into reality by policy
management in this way changing over words right into it and
structure into substance.
4. A balancing out power in the public arena: Policy management is
a significant power for acquiring dependability society. It has been
seen that however government frequently changes, yet savage
change is only occasionally experienced by organization. A
component of progression between the old and the new orders is
given by policy management. It doesn't remain constant just of
constitutional changes of government in equitable nations, but at the
same time is reflected when there are progressive changes in the
structure and character of government.

12
5. An instrument of social change and financial turn of events:
Policy management's job as a change specialist is especially vital in
non-industrial countries. It is anticipated from the state at present to
work for speeding up financial change and not to be an aloof office to
keep up with business as usual.
6. Technical Character: The current day government is relied upon to
offer different types of assistance to its populace. The expansion in
the quantity of capacities embraced by the public authority requires
profoundly specific, expert and specialized, administrations. Present
day policy management as a rule addresses a system of the entirety
of a country's occupations.
LET US SUM UP

Ensuing advancements in the discipline in light of both pragmatic issues

and scholarly inquiries have additionally improved its significance as an
energetic and significant field. In the contemporary world, the weight of
public obligations on government has been consistently expanding. It
appears to be that policy management is basic since contemporary
civilisation can't advance without a sound managerial framework.
Furthermore, as history has shown, the significance of Public
Administration as a discipline has been firmly connected with the
expanding extremist job of government all over the place. With regards
to the fresher and the more extensive obligations and obligations tossed
on the express, the job of policy management is more fundamental and
significant than of practically some other part of government. As a
developing field of information and practice, Public Administration has
endeavored to address this difficulty".
CHECK YOUR PROGRESS

1. Wilson's paper on investigation of Administration in ________.

2. Felix A. Nigro "___________ is the association and utilization of
men and materials to achieve a reason".
3. The Nature of Public Administration has two perspectives as
Integral and __________.
4. Gullick summarizes the word ______ means Planning,
Organization, Staffing, Directing, Co-ordinating, Reporting,
Budgeting.
5. Appleby noticed that the political person of Public Administration
separates it from __________ organization.

13
GLOSSARY
Equality : The idea that all persons have an equal claim to
life, liberty, and the pursuit of happiness.
Regulation : The totality of government controls on the social
and economic activities of its citizens.
Synergy : The enhanced result of two or more people,
groups or organisation working together.
Red Tape : The ribbon that was once used to bind
government documents.
ANSWER TO CHECK YOUR PROGRESS
1. 1887.
2. Organization.
3. Managerial.
4. POSDCoRB.
5. Private.
MODEL QUESTIONS
1. Explain the meaning, nature and scope of Public Administration.
2. Describe the importance of Public Administration.
3. Differentiate between Public and Private Administration.
4. Analyse the relevance of Public Administration in the 21st Century.
SUGGESTED READINGS

1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya

Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

14
UNIT 2

EVOLUTION OF PUBLIC ADMINISTRATION

STRUCTURE
Overview
Learning Objectives
2.1 Introduction
2.2 Rise of the Study of Public Administration
2.3 Evolution of Public Administration
2.4 Phase I: The Politics/Administration Dichotomy
(1887-1926)
2.5 Phase II: The Principles of Administration (1927-1937)
2.6 Phase III: Criticism and Challenges (1938-1947)
2.7 Phase IV: Crisis of Identity (1948-1970)
2.8 Phase V: Public Administration as an Independent
Discipline (1971 Onwards)
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Policy implementation as a field of request is similarly of ongoing
beginning. Since beginning, it has gone through different phases of
advancement to reach in its current structure. Comprehensively, five
phases viz. the Politics/Administration Dichotomy, the Principles of
Administration, Criticisms and Challenges, Crisis of Identity and Public
Administration as an Independent Discipline have been distinguished.
An endeavour has been made to comprehend the current status of
discipline. A basic conversation of these stages and issues emerging
because of the on-going advancement is significant as it will help in
understanding the cutting edge course of the discipline. In this unit, we
will discuss about the traces of Public Administration.

15
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the stages in evolution of public administration.
 Describe the different phases of evolution.
 Explain the expansion of Public Administration.
2.1 INTRODUCTION

Public Administration by and large means administration to individuals

delivered by an administration office. It is the after effect of
developmental cycle which can be seen according to two unmistakable
viewpoints as a movement and as a subject of study or scholarly
discipline. As a movement, it is just about as old as public activity. A
peep into the set of experiences uncovers that Public Administration as
a particular movement can be followed from the old stream human
advancements of Egypt, China, India and Mesopotamia the soonest
supports of progress. The arrangement of brought together regulatory
organization developed by Egypt and the reception of arrangement of
common help enrolment through cutthroat assessments by China are
confirms toward this path. In old occasions, the city provinces of Greece
and republics and realms of India additionally advanced their very much
created frameworks of organization. Nonetheless, the central element of
middle age medieval society was the anarchic decentralization in
organization. It was trailed by the ascent of public governments in
France, England, and Russia.
Their expansionist and war like approaches prompted the increment in
the size of establishments which thusly came about into services and
offices. Further, development of majority rule government changed the
actual idea of the regulatory set up alongside expansion in its degree.
Simultaneously, goal of issues emerged in the wake of mechanical
insurgency, made the association and techniques for organization more
perplexing. In this way, the disturbances brought about by World War I
and II led to issues of remaking and restoration and it became basic for
the organization to address them. In addition, the monetary emergency,
for example, misery and expansion required healing measures by the
organization. This load of improvements required authoritative
impedance in the whole existence of the general public and
subsequently expanding the field of its action. It would not be awkward
to specify here that before World War I the organization was essentially
public in character yet after that it became worldwide principally because
of the coming of quick method for transport and correspondence.

16
2.2 RISE OF THE STUDY OF PUBLIC ADMINISTRATION
A pertinent question arises in this regard that can such an
important activity continue for a long time without having substantial
theoretical base? The answer lies in the close examination of the facts
which reveal that it did had a theoretical base as a part of related
branches of knowledge like politics, ethics and law in different societies
and remained so for a considerable long time. For example, ancient
Hindu epics like Ramayana and Mahabharta deal with administrative
ideas along with political. Similarly, Samritis present a vivid exposition of
judicial administration. So far as Hindu treatises on politics, like the one
Kautaliya’s Arthashastra, are concerned, these deal more with
administrative problems than the theoretical basis of the State. Not only
Indian but in other societies too one can see a similar phenomenon.
Aristotle, the Greek‘s scholar, who is regarded as the father of
political science, also discussed some aspects of administration in his
famous book The Politics. During the middle age which is dubbed as
dark period in the human history, nothing substantial happened in this
regard. However, in the renaissance era there appeared Machiavelli‘s
The Prince which is considered as a treatise on the art of government
and administration. In modern times also many scholarly works on
Political Science and memoirs of statesmen deal extensively with
administrative matters. But despite all this, there has not been clear
recognition of Public Administration as a separate and distinct subject of
study. Even the term Public Administration was used for the first time in
the closing years of 18th century when Hamilton contributed a paper
defining the meaning and scope of the discipline.
Likewise, the first book on public administration was “Principles
Administration Publique” written by Charles Jean Bounin, a French
scholar in 1812. However, literature on this subject remained scanty so it
can‘t assume the status of an independent discipline. The main reason
which can be attributed to this was the lack of sufficient specialization
and technicality to merit its separate and independent consideration. But
industrial revolution has extended the scope of public administration by
opening new vistas and that too in the highly technical fields. As a result
administrative processes became too complex to be dealt only by
professional and skilled civil services. This gave rise to professional civil
servants and the need to systematize their skill and experience into
administrative codes and manuals led to the emergence of theoretical
and academic discussion of public administration as an independent
discipline.

17
2.3 EVOLUTION OF PUBLIC ADMINISTRATION
Policy management as an autonomous and separate subject of study
started in 1887 and the credit for this goes to Woodrow Wilson. To
comprehend the current status of the discipline as a field of request it
becomes vital for concentrate on its advancement. Numerous
researchers and academicians abided upon this angle according to
alternate point of view. Some of them have examined it according to the
perspective of customs like Absolutist, Liberal, Democratic and Marxian
while to Golembiewski it very well might be perceived as far as locus
and concentration. To him locus is the institutional where of the field
while centre is the particular what of the field. On this basis, he has
outlined the following four developmental phases of Public
Administration:
Phase I: The Politics/Administration Dichotomy (1887-1926)
Phase II: The Principles of Administration (1927-1937)
Phase III: Criticism and Challenges (1938-1950)
Phase IV: Crisis of Identity (1950-1970)
Phase V: Public Administration as an Independent Discipline (1970
Onwards)
2.4 PHASE I: THE POLITICS/ADMINISTRATION DICHOTOMY
(1887-1926)

Woodrow Wilson was the principal researcher who chiefly set the
vibe for the early investigation of Public Administration through his
exposition entitled “The Study of Administration” showed up in 1887 in
which he underscored the need of fostering the logical establishments of
the discipline. He began the politics/organization division the
qualification between political action and regulatory movement in open
association by seeing that it is getting more diligently to run a
constitution than to outline one. Anyway a few researchers like Richard
J. Stillman vary with this dispute contending that Wilson was very much
aware that policy implementation was intrinsically political in nature.
Indeed, while detailing his legislative issues/organization division,
Wilson clearly confused a portion of the German writing that he read on
Public Administration which made him irresolute with regards to the
discipline. To cite Stillman, Wilson fizzled to intensify what the
investigation of organization really involves, what the appropriate
relationship ought to be between the authoritative and political domains.

18
 Notwithstanding, this polarity has prepared for the investigation
of development of Public Administration. Wilson's view was additionally
proceeded by Frank J. Goodnow, who in his book “Politics and
Administration”, distributed in 1900 battled that there were two
unmistakable elements of the public authority viz. politics and
administration'. As per him, politics has to do with strategies or
articulations of the state will while organization has to do with the
execution of these policies. He clarified, further, that the core of his
qualification lies in the exemplary division of forces, which endorses the
attractiveness of entrusting in huge measures‖ the articulation or
detailing of the will of the sovereign to a diverse organ than is accused of
executing that will. Notwithstanding, Goodnow's essential differentiation
isn't just about as unrefined as many comprehend.
In such manner Golembiewski has properly called attention to
that Goodnow's differentiation isn't solid, either in locus or concentration.
The two capacities are not acted in various locations. In the start of the
twentieth century, Public Administration began acquiring prevalence
primarily in light of the unmistakable fascination taken by researchers in
the public changes development going on in American colleges.
Resultantly, a Committee on Practical Training for Public Service was
set up in 1912 by the American Political Science Association which
prescribed that expert schools were expected to prepare public heads.
This board of trustees turned into the trailblazer of the American Society
for Public Administration, set up in 1939. In 1926 Leonard D. White's
“Introduction to the Study of Public Administration‟ was distributed which
is viewed as the primary book completely committed to the discipline.
The primary purpose of White's course book was Politics ought
not encroach upon organization. Public Administration is equipped for
turning into a worth free science by its own doing and the mission of
organization is economy and efficiency. Thus, White fortified the thought
of an unmistakable legislative issues/organization polarity. As needs be,
whatever Public Administration investigated in the presidential branch
was viewed as authentic and logical; while the investigation of public
strategy making and related matter was passed on to the political
specialists. It was predominantly a direct result of the accentuation on
science and truth in Public Administration, an establishment was laid for
the later revelation of certain logical standards of organization.

19
2.5 PHASE II: THE PRINCIPLES OF ADMINISTRATION (1927-
1937)
During this stage, researchers accepted that Public organization
is a different movement with its own all around checked field and
standards. In 1927, W. F. Willoughby's book “Principles of Public
Administration” was distributed in which he declared that in organization
there are sure basic standards of general application undifferentiated
from those portraying any science. They could be found and chairmen
would be master in their work on the off chance that they figured out how
to apply these standards. Further, proficiency in organization would be
expanded if these standards are applied. By the very reality that the
standards of organization were standards, it hence, followed that they
could be applied effectively in any authoritative setting.
Among the main works pertinent to this stage were M. P. Follet's
“Creative Experience”(1924), Henri Fayol's “Industrial and General
Management” (1930) and James D. Mooney and Alan C, Reiley's
“Principles of Organization” (1939) all of which outlined differing number
of overall managerial standards. In any case, the milestone study in the
field which upgraded the glory of the discipline was the distribution of
Luther Gulick's and Lyndall Urwick's “Papers on the Science of
Administration” (1937). As per these researchers, the overall postulation
of this paper is that there are standards which can be shown up at
inductively from the investigation of human association which ought to
oversee game plans for human relationship of any kind. Further, they
propounded the well-known idea of POSDCORB last articulation of
these standards. Resultantly, Public Administration contacted its peak
and this stage is viewed as a brilliant period in the advancement of the
discipline.
Authoritative scholars regularly name this way of thinking
Administrative Management since it zeroed in on the upper progressive
degrees of association. A connected writing that went before the work in
regulatory administration was under proceeding with advancement in
business colleges, regularly called Scientific Management. The most
eminent commitment to the writing was F. W. Taylor's „Principles of
Scientific Management (1911). Nonetheless, Scientific Management had
less impact on policy implementation during its standards stage since it
zeroed in on lower level work force in the association. Talking as far as
locus and center, Mohit Bhattacharya has properly brought up that public
part of policy implementation was for all intents and purposes dropped at
this stage and the spotlight was completely on productivity.

20
 The absence of locus, if not, maybe, the honing new focal point
of policy management during this period, made itself obvious inside the
college local area. Researchers who related to the investigation of Public
Administration regardless thought that it is helpful to build up American
Society for Public Administration which keeps on working as the
country's essential relationship of researchers and experts of Public
Administration, and as the supporting association of the field's chief
Journal Public Administration Review. It represented Public
Administration's cognizant need to turn into a calling and a discipline.
2.6 PHASE III: CRITICISM AND CHALLENGES (1938-1947)
In the extremely one year from now (1938), the standard Public
Administration was tested with the distribution of Chester I. Barnard's
“The Functions of the Executive”. The test came essentially in two
structures: first, dismissal of the possibility of legislative issues
organization division and second, standards of policy implementation
ailing in logical validity. A book entitled “Elements of Public
Administration” altered by Fritz Morstein Marx (1946) was one of the
main significant volumes to scrutinize the suspicion that governmental
issues and organization could be dichotomized. It was contended that
organization can't be separated from legislative issues on account of its
political nature. Further, organization isn't just worried about execution of
political approach choices yet in addition assumes a significant part in
their detailing. As indicated by Nicholas Henry, the dismissal of the
legislative issues/organization division was a colossal scholarly shift that
on a very basic level changed the idea of the field for quite a long time
and, as it were, likewise lessened it.
The second test to the field was that there could be nothing of
the sort as standards of organization. In 1946, Herbert Simon gave a
portending of his Administrative Behavior in an article entitled “Proverbs
of Administration” distributed in Publication Administration Review. In
any case, the most considerable analyzation of the standards idea
showed up in 1947 when Simon's “Administrative Behavior: A Study of
Decision-Making in Administrative Organization” was distributed. In this
book Simon showed that for each rule of organization there was a
counter standard, along these lines delivering the entire thought of
standards excess. He supported the conduct way to deal with policy
management to make it a more logical discipline. He centered upon
dynamic as the options in contrast to the standards approach.
Around the same time, Robert A. Dahl likewise countered the
case of standards of policy management as a science in his article

21
entitled “The Science of Administration: Three Problems”. He noticed
that we are far from a study of policy management. No study of policy
management is conceivable except if: (a) the spot of standardizing
values is clarified; (b) the idea of man in the space of policy
management is better perceived and his lead is more unsurprising; and
(c) there is a group of similar investigations from which it very well might
be feasible to find standards and consensuses that rise above public
limits and curious chronicled experiences. A similar topic was reflected
by Dwight Waldo's in his book The Administrative State (1948) when he
attacked the thought of constant standards of organization, the
irregularities of the system utilized in deciding them, and the thinness of
the upsides of economy and effectiveness that overwhelmed the field's
reasoning.
A definitive impact of Simon's and related evaluates showing up
in the last part of the 1940's was to cover the conviction that standards
of organization, public or something else, could be found in the very
sense that laws of science and nature could be. Along these lines, by
mid-century the two characterizing mainstays of Public Administration
that the governmental issues/organization division and the standards of
organization had been deserted.
2.7 PHASE IV: CRISIS OF IDENTITY (1948 – 1970)

The discipline was in dilemma and experienced the emergency

of character because of the deserting of legislative issues organization
division and the standards of policy implementation. So the researchers
of policy management responded to this emergency by restoring the
linkages of Public Administration first with Political Science and
afterward with the Management. Talking as far as Political Science, one
might say that a large portion of the compositions on Public
Administration in the 1950's discussed the field as an emphasis and
space of interest or even as a synonym of Political Science. John Gaus,
for instance, in his well-known article “Trends in the Theory of Public
Administration” (1950) saw that a hypothesis of policy management
implies presently a hypothesis of legislative issues also. However, they
were not enjoyed and supported by political researchers.
During this period two advancements occurred the developing
utilization of the Case Study Method and the ascent and fall of
Comparative and Development Administration. The development of the
contextual analysis technique mirrored the reaction of Public
Administration to the conduct upset going on in that time in sociologies.
As particularly far as the ascent of Comparative and Development

22
Administration is concerned, it could be called attention to that preceding
the surrender of the standards of organization, it was accepted that
social elements didn't have any effect in managerial settings. Yet, later
on, researchers like Robert Dahl and Dwight Waldo brought up that
cultural components could disclose organization on one piece of the
globe all in all an alternate on the other part because of this modified
reasoning, the investigation of Comparative Public Administration began
in Universities and Colleges. Be that as it may, the genuine catalyst
came in 1960 when Comparative Administrative Group was established
which got liberal awards from Ford Foundation.
The Foundation's accentuation on the Third World prompted a
semi-independent sub-field of the Comparative Public Administration
called the Development Administration. The most remarkable
commitment in this circle was that of F. W. Riggs. In any case,
Comparative Public Administration from its very beginning accentuated
upon hypothesis building and to look for information for information. The
simply academic push of Comparative Public Administration prompted
its ruin to such an extent that in 1973 the Comparative Administrative
Group was disbanded.
Because of their below average status in the discipline of Political
Science, a few researchers of Public Administration started to look for
another option and they tracked down something very similar in
administration which here and there is called regulatory science. They
contended that organization hypothesis was, or ought to be, the general
focal point of policy implementation.' various improvements prompted
the determination of the board, with an accentuation on association
hypothesis, as the worldview of policy management. In 1956, the
significant Journal Administrative Science Quarterly was established on
the reason that the differentiation among business and institutional
organization is bogus and that organization is organization. Further,
such fills in as James G. Walk and Herbert Simon's “Organizations”,
Richard Cyert and March's “A Behavioral Theory of the Firm” March's
“Handbook of Organizations” and James G. Thompson's “Organizations
in Action” gave strong hypothetical purposes behind picking
Management as the worldview of Public Administration.
As a worldview, Management gave a concentration and not a
locus. It offered methods, regularly exceptionally modern strategies that
require ability and specialization, however in what institutional setting
that mastery ought to be applied is vague. With respect to relative effect
of political theory and the board on Public Administration, Nicholas

23
Henry has seen that if political theory was significantly affected on the
advancement and hidden upsides of policy management, the executives
was less so. Yet, from multiple points of view, the effect of the
executives on policy implementation was likewise more certain.' But in
both the circumstances for example its linkages either with Political
Science or Management, the fundamental push was one of Public
Administration losing its character. That is the reason this stage known
as time of character of emergency for the discipline of Public
Administration.
2.8 PHASE V: PUBLIC ADMINISTRATION AS AN INDEPENDENT
DISCIPLINE (1971 ONWARDS)
Nonetheless, in any event, when the discipline of Public
Administration was at its most reduced it was planting the seeds of its
own renaissance. Several elements, free to one another, contributed in
this interaction. The previously was the improvement of interdisciplinary
projects centering upon strategy science. In such manner three
unmistakable inter theoretical linkages a) governmental issues
organization association, b) Economics-organization intersection, and c)
association hypothesis organization intermixing can be recognized. The
second was the development of New Public Administration (NPA) a
result of first Minnowbrook Conference held in 1968 supported by
Dwight Waldo, which put more accentuation on qualities supplanting the
customary objectives of proficiency and adequacy. Also, it laid weight on
importance, social value and change.
The general focal point of NPA development was to make
organization not so much nonexclusive but rather more open, not so
much elucidating but rather more prescriptive, less establishment
situated and more customer arranged, not so much nonpartisan but
rather more regularizing, however it ought to be no less logical
constantly. The above twin scholarly flows constrained the researchers
of policy implementation to think as far as scholastic independence by
cutting off their ties both with political theory and the board. These, thus,
made the public heads pleased as they began stating that their calling is
valuable to the general public. This load of advancements prompted the
ascent of a free field of policy implementation.
In this scenery, in 1970 National Association of Schools of Public
Affairs and Administration (NASPAA) was set up which includes
establishments of higher learning of various nations offering seminars on
significant policy management programs. It is worth focusing on that
throughout the long term, the endeavors of NASPAA have prompted the

24
increment in the quantity of discrete divisions of policy management
significantly. Significantly increasingly more political theory divisions are
joining this affiliation. Similarly, the quantity of policy implementation
programs which are housed in branch of the board or institute of
business organization has declined perceptibly. Accordingly, the
arrangement of NASPAA addressed the improvement of policy
implementation as an autonomous space of study.
On hypothetical side likewise, because of the effect of NPA,
standardizing questions were being re-evaluated in this recently arisen
discipline. The way of thinking of neo-radicalism gave an amazing base
to the setting up of policy management in public interest in this manner
adding a moral measurement to it. The framework hypothesis began
from innate sciences and biological methodology likewise reinforced the
hypothetical base of policy management. The Sala Model of Fred Riggs
has demonstrated a significant achievement toward this path. Similarly,
Yehezkel Dror's commitment in the field of Policy Sciences is giving new
bearings to the discipline. Progressively, public approach scholastics
and professionals have used the hypothetical ideas of political economy
to clarify political results like the achievement or disappointment of
change endeavors.
In the last part of the 1980's New Public Management (NPM)
hypothesis pushed by David Osborn and Ted Gaebler in their book
Reinventing Government underscored the utilization of private society
style models, hierarchical thoughts and qualities to work on the help and
administration direction of the public area. It regarded people as
customers or clients, as opposed to as residents. A few pundits consider
it unseemly in light of the fact that individuals are seen as financial units
and not majority rule members. By and by the model is still generally
acknowledged at all degrees of governments. Further, in the last part of
the 1990's, because of the predominance of NPM Janet and Robert
Denhardt proposed another public assistance model known as
computerized period administration. It zeroed in on topics of
reintegrating legislative obligations, and digitalization investigating the
ground breaking abilities of present day IT and computerized stockpiling.
The Public Choice Approach of Vincent Ostrom underlined the
way that a period of State Minimalism has begun in the 21st century
which request little yet compelling government from policy
implementation. Another pattern which one can notice is that the
qualification among organization and the board is becoming immaterial.
Generally, the board is extensively worried about ventures and private

25
enterprises while organization alludes to government hardware.
Presently when government itself is directing mechanical and business
exercises through open undertaking and private endeavours, thusly, are
taking on increasingly more regulatory framework and public and private
areas are teaming up with one another in the wake of privatization, the
distinction among organization and the board becomes aimless. Clearly,
government is a significant component of the state and the substantial
type of government is administration.
LET US SUM UP

Ensuing advancements in the discipline in light of both pragmatic issues

and scholarly inquiries have additionally improved its significance as a
lively and significant field. In the contemporary world, the weight of
public obligations on government has been consistently expanding. It
appears to be that policy implementation is essential since contemporary
civilisation can't advance without a sound regulatory framework. What's
more, as history has shown, the significance of Public Administration as
a discipline has been firmly connected with the expanding extremist job
of government all over. With regards to the more current and the more
extensive obligations and obligations tossed on the express, the job of
policy implementation is more imperative and significant than of
practically some other part of government. As a developing field of
information and practice, Public Administration has endeavored to
address this difficulty".
CHECK YOUR PROGRESS

1. _________, the Greek‘s scholar, who is regarded as the father of

political science.
2. The first book on public administration was “Principles
Administration Publique” written by ____________.
3. _____________ investigation of Public Administration through his
exposition entitled “The Study of Administration” in 1887.
4. The genuine catalyst came in 1960 when Comparative
Administrative Group was established which got liberal awards
from ___________.

26
GLOSSARY
Comparative public : studying different countries administration
administration and its individual characteristics.
Area Administration : signifies decentralization of responsibility
to regional and local units with
geographical boundaries.
Administrative ethics : well-based standards of right and wrong
that prescribe what public administrators
ought to do in terms of duty.
Development : a process that creates growth, progress,
positive change.
ANSWER TO CHECK YOUR PROGRESS

1. Aristotle.
2. Charles Jean Bounin.
3. Woodrow Wilson.
4. Ford Foundation.
MODEL QUESTIONS
1. Explain the rise of the study of Public Administration.
2. Describe the evolution of Public Administration.
3. Enumerate the different stages in the evolution of Public
Administration.
4. Critically analyse the Phase Five in the evolution of Public
Administration.
SUGGESTED READINGS

1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya

Bhawan Publishers, New Delhi.
2. Ramesh K. Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

27
UNIT 3

PUBLIC ADMINISTRATION AND OTHER SOCIAL SCIENCES

RELATIONS
STRUCTURE
Overview
Learning Objectives
3.1 Introduction
3.2 Public Administration with other Disciplines
3.3 Public Administration & Political Science
3.4 Public Administration & History
3.5 Public Administration & Sociology
3.6 Public Administration & Economics
3.7 Public Administration & Law
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

We have read about the dichotomy between the politics and

administration. In this unit, we also read about how the later authors and
subject matter experts opposed the earlier dichotomy and insisted that
politics and administration cannot be viewed in isolation. In this section
let us try to understand the relationship between the politics and
administration. According to the political scientist James Pfiffner, the
politics and administration are so closely knit together that it becomes
difficult to draw the line where one ends and the other begins. Politics is
the study of power which is the latest definition of the term. As per this
definition, since, power is kind of omnipresent, it is safe to assume that it
has an important say in the matters of public administration as well. In
this unit, we will study about the relationship of public administration with
other social sciences.

28
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the Public administration with other disciplines.
 Learn the differences with other Social Sciences
 Know the concepts and issues of Public Administration.
3.1 INTRODUCTION

Another important figure in the field was Dwight Waldo, an American

political scientist and a prominent figure in the area of modern public
administration. The principal concern of early civil service reformers was
not greater administrative efficiency but was cleansing and promoting
democracy. The primary issue was not increasing efficiency but was
protecting and building moral.
There is no argument regarding the fact that public administration
emerged as a discipline of political science, the former deals with the
output of the Government machinery and the latter with the input. It can
also be put as such that, political science provides the framework within
which public administration functions. From the academic perspective,
both these subjects share a number of common areas of study like
constitutional law, administrative law, delegated legislation, government
budgeting and local governments amongst many other. So, a
comprehensive understanding of both the subjects is mutually inclusive
to each other, to learn one, the other has to be mastered as well.
3.2 PUBLIC ADMINISTRATION WITH OTHER DISCIPLINES
Another important academic field from which public administration
heavily borrows and is deeply influenced is the Sociology. It is a branch
of study which deals with social order, change, class, conflict, problems,
associations and institutions. According to Marshal Edward Dimock,
administration takes place in a social setting and it is the society which
determines the pattern of administration. He goes ahead and adds that
through an administrative leadership however, the society itself can be
changed for good. He says that the job of a public administrator is not
mere administration but that of a social engineer who can bring about
desirable changes in the society.
In the modern times, the various activities which the society governed
and administered itself like community welfare, health, security etc have
been taken over by the Government and public administration
departments. The social control has been replaced by administrative
controls and hence, it makes sense for the public administrators to be in

29
sync with societal goals. We have constantly been referring to diverse
subjects to understand public administration better; the reader is now in
a position to understand the relevance, importance and vastness of this
subject which has an immediate and direct interaction with us in our
everyday lives.
3.3 PUBLIC ADMINISTRATION AND POLITICAL SCIENCE

Political Science is the investigation of state and frameworks of

government. It is worried about force, authority and impact. It guarantees
definitive allotment of qualities to the different areas in the public eye.
Policy management is intently, if not indistinct, associated with political
theory. Though political theory is worried about government, policy
implementation is government in real life. A prominent creator had
distinctly noticed the connection between the two disciplines in the
accompanying word: "The interface between the two (political theory and
policy implementation) turns out to be clear and striking on the off
chance that we agree that both arrangement with the political framework
(or significantly state) however from various positions: Political science
enacts and invigorates the state: it manages the info part, while Public
organization manages yield". Being the investigation of state and
government, political theory gives the essential structure inside which
policy management capacities.
Policy management is government in real life and as such worried about
the utilization of force provided to it to accomplish the strategy objectives
of government. It frets about the investigation of the idea of issues
associated with carrying out the desire of the State. There are numerous
normal spaces of study which discloses organization and Political
science even more a sister-sibling association. Public strategy
considers, established law, managerial law, assigned enactment,
government planning, neighborhood government and so forth are such
normal regions which are contemplated in both political theory and policy
implementation. Moreover, there exists one more place of close
association between the two disciplines.
The world of politics of a country shapes to a great extent the nature and
exercises of its regulatory framework. The volume of regulatory
exercises is dictated by the extent of government capacities, which is
chosen strategically. Public directors work with and under the bearing of
lawmakers. Since Public organization capacities with regards to
legislative issues and administrative framework, its review requires a
decent arrangement of starter information on political foundations and
administrative exercises.

30
Subsequently, Dimock properly brings up that "a comprehension of
legislative issues is the way in to a comprehension of Public
organization".
The Distinction
The initial architect of Public organization Woodrow Wilson propounded
legislative issues organization division hypothesis which made a sharp
differentiation among governmental issues and organization. As per this
hypothesis, the matter of governmental issues is strategy making and
that of organization is strategy execution. All in all, legislative issues are
worried about setting down of approaches, while organization is worried
about executing these arrangements with view to savvy measures.
Woodrow Wilson believes that "Organization lies outside the appropriate
circle of governmental issues. Regulatory inquiries are not political
inquiries. Despite the fact that governmental issues set the errand for
organization, it ought not to be utilized to control its workplaces. The field
of organization is a field of business; it is taken out from the rush and
difficulty of legislative issues; and no more, stands separated even from
the easy to refute ground of protected review".
In a word, the different marks of qualification between these two
disciplines are written beneath:
 The extent of Political science is more extensive than the extent of
Public organization since Public organization is a part of Political
science.
 Public organization is viable, while Political science is to a great
extent hypothetical. All in all, Public organization is this present
reality of administration, while Political science is the examination of
government.
 Public organization is concrete, while Political science is conceptual.
 Political science manages battle for getting and holding power,
though Public organization worries about the utilization of force in
understanding the objectives of state strategy.
 Political science is moral and thus esteem stacked. Then again,
Public organization is verifiable and specialized.
In any case the differentiations; one can't disregard the cosy connection
between these two disciplines. One can contend that political theory was
a helpful previous of the field of Public organization in laying it thoughtful
and regulating establishments.

31
We can assert that the connection between Public organization and
political theory comprises in the way that the two disciplines are types of
similar family. There is an incredible compromise between the two. Be
that as it may, notwithstanding the closeness between them we ought
not to disregard the constraints of their fields. Utilizing the expressions of
John M. Gaus, "There is no denying the way that there is contrast
between the obligations of political officials and those of authoritative
officials, yet the thing that matters is to a greater extent a degree as
opposed to of a sort. In the event that we look to the top administrators,
we will see that a large portion of what they do is political in nature." To
certain researchers, Public organization and legislative issues resemble
light and shade. One follows the other, and each impacts the other.
3.4 PUBLIC ADMINISTRATION AND HISTORY
History is concerned with the study of social progress of mankind
everything mankind has thought, done and achieved. It is the study of
the past events, movements, their causes and interrelations. History
supplies valuable materials for the study of Public administration. Its
subject-matter includes economic and social developments, religion,
intellectual and artistic movements as well as the growth and decline of
States, their organizations, functions, achievements and failures. History
is the laboratory of human experiences. All administrative experiences of
history are the subject-matter of our experiments. Today this approach
has changed because administrative history is being developed as a
definite branch of history. First effort to write a detailed history of
administration was made in the U.S.A. In his two books, The Federalists
(1948) and The Jegersonians (1951) Prof. Leonard D. White describes a
detailed history of American Administration in the first 48 years. History
guides and counsels administrators by revealing what mistakes were
committed by past administrators which ultimately led to their downfall.
3.5 PUBLIC ADMINISTRATION AND SOCIOLOGY

Social science is extensively characterized as the investigation of human

social connections in entirety. It is a discipline that orchestrates political,
financial, familial, strict, and different connections to show up at a total
comprehension of man's public activity. Policy implementation manages
the board of man's authoritative issues in the public arena and is worried
about the satisfaction of the shared requirements like security of life,
wellbeing, schooling, and so forth to be receptive to the requirements of
individuals, the executives ought to be aware of the social objectives of
the organization. To this end, policy management has as of late become
firmly connected with human science.

32
Prof. Dimock appropriately brings up the personal connection between
policy implementation and human science in the accompanying words;
“organization exists in a group environment and the example of
organization is dictated by society; however through delicate regulatory
administration, society itself might be changed. That the head isn't only a
chief; he is additionally a social architect, assisting society with satisfying
itself.”
Public administration goes about as an instrument of social change,
especially in the non-industrial nations of Asia and Africa. Through policy
implementation the legislatures of these nations have been attempting to
introduce a populist society by achieving the ideal changes in the social
connections. Researchers like F. W. Riggs contend that policy
management in agricultural nations can be perceived through a
comprehension of their social climate alone. In the present regulatory
situation even such matters as marriage and family are influenced by
policy management as far as government assistance, federal retirement
aide and tax assessment. To an impressive degree authoritative controls
have supplanted more conventional social control practiced by families,
standings and strict associations. Through the commitments made by
different sociologists, it is understood that Sociology has extraordinary
impact on policy implementation. The recognized German Sociologist
Max Weber made the best commitment to the hypothesis of
organization.
Besides bureaucracy, such concepts and terms as authority,
organization, association, alienation and social change are often studied
in both the disciplines. The religionists in administration have drawn
much on sociology. They have highlighted the significance of informal
groups, motivating workers through social rewards and sanctions, and
the influence of group norms in the functioning of an organization. The
behaviouralists applied the methods and findings of sociology in order to
understand organizational behaviour. Recent behavioural studies in
administration have emphasized socio-psychological dimensions,
particularly in the areas of leadership and motivation. Despite their close
relationship, Sociology and Public administration, however, differ from
each other. Sociologists are widely interested in such matters as family,
tribe, mores, and society in totality which do not concern students of
Public administration.
Sociology is concerned with all forms of social associations both
organized and unorganized. Public administration, on the other hand, is
concerned mainly with organized political life. Sociology may be

33
considered as a general social science, whereas Public administration is
a specialized social science dealing with society’s administrative aspects
only. Therefore, the sphere of Public administration is narrower than that
of Sociology.
3.6 PUBLIC ADMINISTRATION AND ECONOMICS
There is such a huge amount in like manner between Public
organization and financial matters. A financial aspect is worried about
individuals and the decisions they make. It is worried about the issue of
decision as the truth we are gone up against with because of our pitiful
assets contrasted and our limitless wants. Economics, accordingly,
manages that parts of human conduct which emerges from the shortage
of intends to accomplish a given end. Adam Smith's meaning of financial
matters as the specialty of dealing with the assets of individuals and of
the public authority unmistakably draws out the cosy connection
between Public organization and financial matters.
An assortment of regions shrouded in Public organization is financial
based. For example, the normal spaces of study incorporate such
matters as open money, Planning, Programming and Budgeting System
Opens in new window (PPBS), monetary arranging, the board of public
undertakings and the like. The detailing and execution of government's
advancement plans and strategies are to be assessed as far as their
financial results. Accordingly, financial arranging brings Public
organization and financial aspects closer. Participation of the state in the
monetary advancement is additionally broad. In many agricultural
countries financial arranging has turned into a mainstay of government's
social and monetary strategies.
With growing population, and emergence of complexities of trade and
commerce, public enterprises as state owned and state-managed
industries are increasingly gaining ground. For proper management of
these public enterprises, a new administrative device called public
corporation and a new economic civil service have emerged. Their
management requires knowledge of economics relating to pricing policy,
marketing, sales, purchasing. The goal of socio-economic justice forces
state to regulate the private business enterprises also. As a result of the
increasing economic function of Public administration, the administrators
are urged to run factories, handle agriculture, banking, insurance etc.
In today’s administrative setting, Public administration is confronted with
an avalanche of economic problems such as unemployment, poverty,
inflation, depression. Therefore, today’s administrators must have a full
comprehension of the economic problems of the country. They gain

34
much by having knowledge of economics in solving the economic
problems. Notwithstanding the closeness, economics differs from Public
administration in certain respects. Economics deals with material things
as how they are produced, distributed, exchanged and consumed.
Whereas, Public administration deals with the management of human
affairs in society. Economics can be neutral between ends, while Public
administration cannot maintain such neutrality. Public administration is
concerned with values. Despite these differences, Public administration
and economics as we have already seen interact with each other in
many areas of common interest.
3.7 PUBLIC ADMINISTRATION AND LAW
Law is an arrangement of rules made for the change and requesting of
human relations in the general public. Policy management is as firmly
identified with law as to political theory. It is a direct result of Public
organization's relationship to law, that Public organization is educated in
the personnel of law in mainland nations like France and Germany and
different nations like Japan. Administrative law, assigned enactment,
managerial courts, and so forth, are subjects normal to the investigation
of law and policy implementation. Probably the most punctual way to
deal with the investigation of Public organization is legitimate
methodology which sees Public organization as saturated with lawful
and adjudicatory matters. It is fundamental that Public organization work
inside the system given by law. Different sorts of laws, for example,
established law and managerial law will in general surround and impact
the activity of Public organization.
The institutional construction, the forces and elements of authoritative
bodies and the constraints set on not really set in stone as far as law.
Law not just mentions to an overseer what he can do yet additionally
outlines cut off points to his power. He should behave as to consistently
act inside the bind of legitimate forces. In the event that he acts outside
his legitimate forces, such exercises are pronounced by courts as
unlawful and subsequently void. In this manner, courts keep public
specialists inside lawful limits. Administrative law gives the fundamental
connection between Public organization and law. The managerial law is
controlled by the regulatory councils comprising of authoritative
authorities and specialists. Moreover, the principle capacity of Public
organization, as portrayed by Woodrow Wilson is "point by point and
precise execution of public law". Henceforth, every head is, essentially, a
police officer.

35
Public managers acquire much by knowing about the predominant
overall set of laws, since lawful connections are a critical piece of the
authoritative capacity in the execution of strategy.
A public head isn't just an authority of law yet additionally a developer of
law. "He is a developer in light of the fact that each time he applies old
law to new circumstances he constructs law". The overseers are in a
superior situation to know the need of new laws or altering the old laws
when they execute the current laws. Along these lines, all the time,
Public executives, based on their experience, recommend new laws or
altering the old laws which are supported by the law-production
authority. The drafting of laws is additionally done by Public chairmen.
The executives likewise choose what the law is and what it implies as far
as activity by utilizing their optional and rule-production controls under
designated enactment. In this way, the executives make law or possibly
help in the creation of law.
LET US SUM UP
Public Administration is a complete, interdisciplinary methodology that
draws on information sources across the sociologies. Its expanding
interdisciplinary nature infers that it draws upon other sociologies and
applies in its review the information, experiences, procedures and
devices created by them. Subsequently, it is significant that the
individual who wishes to concentrate on Public organization ought to
have some information on other sociologies and its relationship with
them. As a developing field of information and practice, Public
Administration has endeavored to address this difficulty".
CHECK YOUR PROGRESS
1. According to__________, administration takes place in a social
setting and it is the society which determines the pattern of
administration.
2. _____________ is the investigation of state and frameworks of
government.
3. Prof. Leonard D. White describes a detailed history of
___________ Administration in the first 48 years.
4. Law is an arrangement of rules made for the change and
requesting of _____________ in the general public.

36
GLOSSARY
Sociology : It is the science of society viewed as an
aggregate of individuals.
Political Science : It is the study of state and government.
Ethics : Moral values of the community.
ANSWER TO CHECK YOUR PROGRESS

1. Marshal Edward Dimock.

2. Political Science.
3. American.
4. Human Relations.
MODEL QUESTIONS
1. Describe the relationships of Public Administration with other
disciplines.
2. Analyse the relationship of Public Administration and Social
Sciences.
3. Explain the relationship between Public Administration and Political
Science.
4. Write an essay between the relationship between History and
Public Administration.
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K. Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

37
UNIT 4

NEW PUBLIC ADMINISTRATION

STRUCTURE
Overview
Learning Objectives
4.1 Introduction
4.2 Factors Leading to the Emergence of New Public
Administration
4.3 Evolution and Growth of New Public Administration
4.4 Meaning of New Public Administration
4.5 Major Goals and Objectives of New Public
Administration
4.6 Limitations and Contributions of New Public
Administration
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
A gathering of youthful American researchers opposed the
contemporary idea of the discipline. At the Minnowbrook Conference
(1968) they upheld for what is known as 'New Public Administration' to
make the review and practice of the discipline applicable to the requests
of the post-mechanical society. The gathering was genuinely a reminder
for the scholars and the professionals to make the discipline socially
pertinent. These advancements combined with a profound feeling of
disappointment among the specialists in regards to the current situation
with Public Administration, particularly its affection for productivity and
economy prompted another methodology prevalently known as the ''New
Public Administration''. In this unit, we will discuss about concept and
evolution of new public administration.

38
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the factors leading to the emergence of New Public
Administration.
 Explain the meaning and characteristics of New Public
Administration.
 Discuss the evolution and growth of New Public Administration.
 Evaluate the limitations and contributions of New Public
Administration.
4.1 INTRODUCTION
Throughout history, periods of confusion, instability and turbulence are
often seen to produce waves of new thoughts, which seek to challenge
the traditional contents of academic disciplines and give them a new
direction. All these new sets of ideas are sometimes so significant that
they are commemorated by imparting the adjective ‘new’. We have
come across such concepts like New Left, Neo-Liberalism, Neo
Federalism, Neo-colonialism, Neo-Marxism, etc. The emergence of
‘‘New Public Administration’’ in the vocabulary of Public Administration is
no exception to that wave.
4.2 FACTORS LEADING TO THE EMERGENCE OF NEW PUBLIC
ADMINISTRATION

The last part of the 1960s was a time of disturbance for the American
culture. Policy management was censured seriously for being
ineffectual, wasteful and unmoved to the contemporary difficulties. A
gathering of youthful American researchers denounced the
contemporary idea of the discipline. They requested for unveiling
Administration pertinent to the contemporary issues. It was supposed to
maintain a distance from politics and become effective and responsive.
They laid emphasis on values and ethics instead of earlier dogmas of
public administration which were found to be inadequate and incomplete
objectives of the discipline. All these were the outcome of the
Minnowbrook Conference (1968) and the birth of New Public
Administration (NPA). There are some reasons for the emergence of
New Public Administration in USA which are as follows:
1) Many managerial offices discovered challenges to achieve their
undertakings without any compelling and productive organization and
there was a need of a powerful, proficient organization.

39
2) After the World War II, the issue of joblessness, destitution and
populace expanded quickly and it was primarily because of the
ineptitude of chairmen and the authoritative framework.
3) Till the 1960s, Public Administration was considered as the maintainer
of business as usual, helping the exclusive class. In this way, there was
a dire need to address the issues of the everyday citizens.
4) Traditional Public Administration offered significance to ''organization''
instead of ''the general population'' and administration effectiveness. It
underlined standards and methods, instead of qualities, proficiency and
economy.
Researchers thought that policy implementation should go about as the
carrier of social change. It was a transition to unveil organization more
individuals amicable. Thus, there was a need to reconsider about the
idea of Public Administration.
4.3 EVOLUTION AND GROWTH OF NEW PUBLIC
ADMINISTRATION
The factors mentioned in the previous section were found responsible in
floating a new concept like NPA in public administration. However, some
landmark events contributed in shaping the NPA movement profusely
which are discussed below. Major Landmarks in the growth of New
Public Administration: The term ‘‘New Public Administration’’ gained
greater currency as a result of the following incidents:
1) The Honey Report of Higher Education for public service, 1967, in
USA.
2) The Philadelphia Conference on the Theory and Practice of Public
Administration 1967, USA.
3) The Minnowbrook conference 1968, USA .
4) Publication of ‘‘Towards a New Public Administration:
Minnowbrook Perspective’’ edited by Frank Marini (1971).
5) Publication of ‘‘Public Administration in a Time of Turbulence’’
edited by Dwight Waldo (1971).
The above mentioned landmark events towards the formulation of the
New Public Administration can be discussed in some details as follow:
1) The Honey Report of higher education for public service,
1967, in USA:
In 1966, an affiliate of the American Society for Public Administration
asked John C. Honey of the Syracuse University to undertake an

40
evolution of the study of public administration as a field of study in the
US universities. Accordingly, John C. Honey prepared his report in 1967.
The report made 11-point suggestions and looked to expand the extent
of the discipline of policy management. The report featured institutional
inadequacies in the space of policy management and absence of
correspondence between the researchers of policy implementation and
the rehearsing chairmen. It additionally managed the subject of
vulnerabilities and disarray over the situation with the discipline.
Significantly, it distinguished four significant issues defying the discipline
which required quick activity on them. They were:
a. Lack of adequate assets at the removal of the office.
b. Confusion and vulnerability over the situation with policy
implementation particularly whether it is a discipline, science or
calling.
c. Institutional deficiencies, for the most part the insufficiency of policy
management divisions and
d. Communication hole between researchers of policy implementation
and rehearsing directors.
The Honey Report, indeed, stimulated interest just as contention in the
USA. The report actuated various researchers to contemplate the spot
and job of policy implementation in the general public. It went about as
an impetus in empowering conversation on its sufficiency and in settling
cultural issues subsequently giving a force to the idea of New Public
Administration.
2) The Philadelphia Conference on the Theory and Practice of
Public Administration 1967, USA:
The American Academy of Political and Social Science coordinated a
meeting in Philadelphia in December, 1967 to examine the theme ''The
Theory and Practice of Public Administration: Scope, Objectives and
Methods''. Fluctuated sees were communicated at the gathering by the
members. Policy implementation was seen as a scholastic discipline,
both as a field of concentrate just as a calling. Some characterized
policy implementation as organization for ''public interest'' while others
called it ''legislative organization''. Indeed, there was conflict in regards
to the meaning of policy implementation at the gathering. In any case,
the gathering offered the point of view that with the reformist change of
the idea of state from police state to government assistance state,
obligations of organization have expanded complex.

41
As of now, organization is associated with both the arrangement
definition and strategy execution at different stages. Considering the
financial inconsistencies, policy implementation should give expanding
consideration to social issues and ought to advance social value. The
Philadelphia Conference was considered as the archetype of the
Minnowbrook Conference of 1968.
3) The Minnowbrook Conference-I, 1968, USA:
The Minnowbrook Conference-I may properly be credited with the honor
of having delivered the principal rational language of New Public
Administration. Indeed, the meeting was an adolescent gathering and a
scholastic social affair which led to what has come to be known as ''New
Public Administration''. It was the main meeting held under the support
of Dwight Waldo which had tried to give another picture to policy
implementation as a subject effectively worried about the issues of the
general public and brimming with reformist goals.
Subsequently, the meeting was useful in achieving another stage in
policy implementation described by esteem, pertinence, value and
change. Public interest turned into the focal worry of policy
implementation. The meeting not just reaffirmed the insignificance of the
conventional procedures of policy management, yet additionally focused
on the commitments of public heads to be worried about qualities,
morals and ethical quality in managing the difficulties of society. It put
more accentuation on a regularizing approach instead of the worth free
ways to deal with the investigation of policy implementation.
4) Publication of ''Towards a New Public Administration:
Minnowbrook Perspective'' altered by Frank Marini (1971): The
Minnowbrook Conference was a milestone occasion in the development
of New Public Administration. Truth be told, the Minnowbrook thoughts
discovered more extensive dissemination through various works
including ''Towards a New Public Administration: Minnowbrook
Perspective'' altered by Frank Marini, 1971. This was the primary
distributed work on New Public Administration and accordingly
demonstrated a pioneer in the field.
5) Publication of ''Public Administration in a Time of
Turbulence'' altered by Dwight Waldo (1971):
The main distribution was trailed by another work conveying forward a
similar pattern distributed all the while in 1971. It was ''Public
Administration in a Time of Turbulence'' altered by Dwight Waldo, 1971.
The book addressed the possibility of a scholarly social gathering in

42
policy implementation held at Minnowbrook. From that point forward a
few articles have seemed to give another shape to thought of New
Public Administration. Notwithstanding, no genuine distribution was
there with the exception of H. George Frederickson's "New Public
Administration" distributed in 1980. The distribution gave motivation to
additional investigation of New Public Administration
6) The Minnowbrook Conference-II (1988):
The Minnowbrook-II Conference held in September 1988, at Syracuse
University was another landmark event towards the evolution of New
Public Administration. It is milestone as in the term New Public
Administration was first utilized by the devotees and researchers of
political theory and executives in 1971 and again in 1988. The reason for
the subsequent meeting was to ponder the effect of Minnowbrook-I. It
united researchers of the 1980s and the previous age to talk about the
effect of NPA and to resolve other significant issues at Minnowbrook-I.
The gathering brought forth another methodology called ''New Public
Management'' (NPM). Its development mirrored the progressions that
occurred in the western countries. Since, state as a significant distributor
of social equity had been progressively addressed across the globe
since the last part of the 1970s. The well-known disposition was against
the state for its lackluster showing in friendly, political and financial
circles. Essentially, in the last part of the 1980s and mid 1990s public
area the board in the western world went through an enormous change.
In this manner, the NPM is principally worried about offering quality
types of assistance to residents: guaranteeing more noteworthy
independence to public administration, compensating associations and
people based on satisfying their objectives; and, saving a receptive
disposition for the private area.
7) The Minnowbrook Conference-III (2008):
The Minnowbrook-III Conference is one more milestone occasion in the
advancement of the discipline as a field of enquiry. Gathering III mirrored
the authentic worry of those looking to conceptualize policy management
as a natural discipline that was prepared sufficiently to react to the new
requests of worldwide human concern. Essentially the researchers
zeroed in on four explicit spaces of 'inconvenience' that seemed to have
been basic in contemporary exploration in policy management. These
four explicit spaces of concerns identified with:

43
a) The nature and extent of the discipline in the changed climate of a
globalizing world.
b) The intricacies of the market-situated New Public Management.
c) The effect of between disciplinary acquiring on the methodological
center of the discipline.
d) The developing significance of arranged administration and
community public administration in re-conceptualizing policy
implementation in a quickly evolving financial and world of politics.
The Minnowbrook Conference-III has attempted to rearticulate its
''human face'' that was essentially subverted in the second Minnowbrook
Conference of 1988. In the discussions, the members featured the
significance of being really ''multi-disciplinary'' to comprehend the
intricacies in policy management that would stay unaddressed inside the
conventional point of view. The gathering was a work to make the
discipline pertinent and significant in tending to contemporary human
concerns. It was additionally a work to rediscover the ''freeness'' of
policy management.
4.4 MEANING OF NEW PUBLIC ADMINISTRATION

New Public Administration (NPA) remains as against positivist, anti-

technical and hostile to progressive and subsequently it is unique in
relation to conventional Public Administration. NPA is receptive to the
requirements of individuals. A gathering of youthful American
researchers criticized the contemporary idea of the discipline of policy
implementation. At the Minnowbrook Conference (1968) they pushed for
what is known as ''New Public Administration'' to make the review and
practice of the discipline applicable to the requests of the post-
mechanical society.
The gathering was genuinely a reminder for the scholars and the
specialists to make the discipline socially important. These
advancements combined with a profound feeling of disappointment
among the specialists in regards to the current situation with Public
Administration, particularly for its excessive weight on effectiveness and
economy prompted another methodology prominently known as the
''New Public Administration''. The idea of NPA, basically, states that
policy implementation doesn't work in vacuum and the organization
ought to be responsive towards the necessities of the general public and
address the issues and disquietudes that burden the general public.

44
4.5 MAJOR GOALS AND OBJECTIVES OF NEW PUBLIC
ADMINISTRATION
The heroes of NPA communicated their disappointment with the
condition of the discipline of policy management. They went against the
current arrangement of organization as customarily coordinated. In that
capacity, the significant objectives and destinations of the NPA might be
summed up as follows: There were four objectives and three enemies of
objectives of New Public Administration. To accomplish these objectives,
the creators set forth 4 arrangements which have been alluded to and
prevalently called the 4 D's-decentralization, de-bureaucratisation,
assignment and democratization. Straight to the point Marini summed up
the subjects of NPA less than 5 heads (a) significance, (b) values, (c)
social value, (d) change and (e) customer center. A mastermind like
Golembiewski additionally says that these five objectives gave uplifting
outlook to NPA.
Notwithstanding the abovementioned, NPA advocates three enemies of
objectives and consequently its writing is called, 'hostile to positivist'.
They incorporate
1) Rejecting a meaning of policy implementation as worth free.
Consequently, policy management ought to be esteem arranged.
2) Rejection of a pragmatist and maybe deterministic perspective on
mankind since human conduct is very flighty. Policy implementation
studies should zero in on what organization ought to become rather
than what organization ought to be.
3) Rejecting governmental issues organization polarity since directors
today are associated with strategy plan and strategy execution at all
the stages.
The general concentration in NPA development is by all accounts to
make organization not so much ''nonexclusive'' but rather more 'public'
not so much 'spellbinding' but rather more 'prescriptive', less 'foundation
situated' and more 'client oriented', not so much 'unbiased' but rather
more 'regularizing', however it ought to be no less logical by and by.
Other than the abovementioned, different targets of NPA are:
a) To zero in on the need to leave esteem free and worth unbiased
examination in organization;
b) To lay weight on contemporary issues and issues;
c) Public Administrators should become dynamic specialists of financial
and social change;

45
d) To develop a methodology zeroing in on friendly value;
e) Not to think about people as static components of creation. They are
against specialized which implies that people can't be treated as
machines.
Objectives of New Public Administration
1) Relevance:

Public Administration as a subject of study has been scrutinized for not

zeroing in on issues and issues of contemporary social issues. Along
these lines, the Minnowbrook meeting 1968 laid accentuation on the
reception of strategy situated policy management. There had been
reestablished accentuation on being touchy to the contemporary cultural
issues. The researchers were of the assessment that policy
management can't be instrumental in vacuum. Rather it ought to
effectively draw in itself in the issues defying the current society.
2) Values:

The NPA as a development is disparaging of worth non-partisanship or

worth free nature of policy implementation. It attempts to stay away from
the idea of significant worth free sociology. Maybe, NPA endeavors to
bring values once more into the domain of policy implementation.
Qualities should be consolidated in the approach making measure.
3) Social value:

The backers of NPA stated that the directing power for policy
implementation ought to be social value. Clearly, it implies that the
chairmen should work and become specialists of financial advancement
of the less advantaged gatherings. The presentation of overseers was to
be made a decision about not as far as development but rather it must
be delicate to the part of social value.
4) Change:
Instead of business as usual, the NPA lays accentuation on change. It
incorporates reorientation of strategy issues and choices influencing
residents. It likewise fuses the method for achieving formal changes in
the authoritative hardware by presenting novel thoughts.
5) Moral premise:

The premise of NPA is its ethics. The managers will have the honest
convictions to ensure and advance the interest of various gatherings in
the general public.

46
6) Ethical premise:
One more attribute of NPA is the moral premise of regulatory working.
Its principle objective is to work for the foundation of equity. NPA is
consequently, considered as a specialist of improvement and social
equity.
7) Client-focused:

NPA is worried about taking on a client entered approach. This suggests

that the managers ought to give individuals' interest during the time
spent dynamic. It calls for giving individuals a significant voice in the
organization.
8) Anti-positivist:
NPA is hostile to positivist as in it plainly denies the meaning of policy
implementation as value free and rejects it in case it isn't as expected
associated with strategy.
9) Innovation:

NPA weights on development and change.

4.6 LIMITATIONS AND CONTRIBUTIONS OF NEW PUBLIC
ADMINISTRATION

New Public Administration was likewise not liberated from pundits. A

portion of the limits are as per the following:
1. Firstly, pundits say that NPA was its very own result age and no
longer remaining parts another idea as of now.
2. Secondly, the Minnowbrook Conference 1968 had been addressed
by pundits for not thinking of useful arrangements in regards to the
issues of policy implementation.
3. Thirdly, NPA has been reprimanded as unfriendly to theoretical,
against positivist and hostile to the executives.
4. Fourthly, Golembiewski considered NPA a fleeting and passing
wonder. For his motivations, a value free science should be the
central target.
5. Fifthly, NPA raised issues that had been raised before as well and
didn't prevail with regards to tending to them

47
Commitments of NPA
A piece of the responsibilities of New Public Administration are
according to the accompanying: Despite limitations, the meaning of NPA
can't be denied. A piece of its responsibilities towards the advancement
of the discipline of strategy the board are:
1) The positive worth of NPA lies in conveying strategy the executives
closer to political hypothesis.
2) The client centered, normalizing and socially conscious approach the
board is of direct importance to the Third World countries, where
strategy the executives is in urgent need of de-bureaucratization and key
abstract change. It is said that NPA rolls out an improvement in focus
from positivist direct formalistic concerns, towards more principal,
socially critical issues.
3) D.Waldo in his work ''Enterprise of Public Administration'' (1980) has
recognized positive and negative part of NPA. Unequivocally, it is a kind
of an advancement toward controlling theory, thinking, social concern
and activism. He pointed out NPA projects three perspectives clearly a)
client masterminded association, b) specialist organization and c)
people's help.
4) NPA isn't new in content and its thoughts are old, however introduced
in a coordinated way. Legislative issues organization division was
dismissed by F. M. Imprint and Simon. Be that as it may, credit goes to
NPA for uniting this load of ideas.
LET US SUM UP

The last part of the 1960s was a time of choppiness for the American
culture. Policy implementation was condemned seriously for being
incapable, wasteful and unmoved to the contemporary difficulties. A
gathering of youthful American researchers opposed the contemporary
idea of the discipline. They requested for disclosing Administration
pertinent to the contemporary issues. The significant components of
NPA are its anxiety for the cultural issues of the day. Its boundaries are
significance, against positivism, ethics, morals and qualities,
advancement, customer focused methodology, social value, and so
forth.

48
CHECK YOUR PROGRESS
1. At the _____________ Conference (1968) they upheld for what is
known as 'New Public Administration'.
2. The Honey Report of Higher Education for public service, 1967,
held in ______.
3. Publication of ‘‘Towards a New Public Administration:
Minnowbrook Perspective’’ edited by _______ in 1971.
4. ___________ considered NPA a fleeting and passing wonder. For
his motivations, a value free science should be the central target.
GLOSSARY
Privatization : changing the ownership or control of an
organization from public to private.
Enterprise : business or company.
Bureaucratization : divide an administrative agency or office into
bureaus.
ANSWER TO CHECK YOUR PROGRESS
1. Minnowbrook.
2. USA.
3. Frank Marini.
4. Golembiewski.
MODEL QUESTIONS

1. Explain the variables prompting the rise of New Public

Administration.
2. Discuss the significant milestones in the field of New Public
Administration.
3. Discuss the qualities of New Public Administration.
4. Write with regards to the impediments and commitment of New
Public Administration.
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

49
 Block II
Approaches to the Study of Public Administration

Unit-5 Approaches to the study of public administration

Unit-6 Public Administration is an art or science

50
UNIT 5

APPROACHES TO THE STUDY OF PUBLIC ADMINISTRATION

STRUCTURE
Overview
Learning Objectives
5.1 Introduction
5.2 Approaches to Public Administration
5.3 Philosophical Approach
5.4 Legal Approach
5.5 Historical Approach
5.6 The Case-Method Approach
5.7 Institutional and Structural Approach
5.8 Behavioral Approach
5.9 Human Factor Approach
5.10 Political Economy Approach to Public Administration
5.11 Structural Functional Approach to Public
Administration
5.12 Public Policy Approach to Public Administration
5.13 Marxian Traditions and their Approach to Public
Administration
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
A philosophy is a technique for getting to the cognizance of a subject or
a discipline. It suggests a particular method of dealing with the issue.
Like different human sciences, in Public Administration too, there are
various procedures which have been made since the discipline was
recognized as an independent field of enquiry by Woodrow Wilson in

51
1887. Further, there has been a consistent improvement of the
examination of these strategies which successively can broadly be
parceled into three arrangements viz. Standard or Classical, Human
Relations Movement or Behavioral, and Modern or System. The current
unit deals with the Classical system having Scientific Management and
Bureaucratic techniques as its key parts. In this unit, we will discuss
about the approaches to the study of public administration.
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the origin of the concept, systematic study and
analysis of organisation.
 Know the different approaches to the study of Public
Administration.
 Learn the approaches of different exponents in this field.
5.1 INTRODUCTION

Broadly speaking, this approach originated with the systematic study

and analysis of organization in the last decade of the 19th and early
years of 20th centuries. It places emphasis on the formal structure of
organization, designing and planning of work. Further, it advocates a
body of principles in accordance with which the organizational plan is
made out to fit the requirements of selected purpose and then capable
persons are selected to get the things done as per the preconceived
plan. It aims at improving the organizational structure as a means of
increasing efficiency. Further, it views man as an economic man; who is
driven by material incentives. The main exponents of this approach are
F. W. Taylor, Henri Fayol, Max Weber, Mooney and Reiley, Gulick and
Urwick, who put emphasis on the scientific study of organization.
5.2 APPROACHES TO PUBLIC ADMINISTRATION
There are different ways to deal with the investigation of Public
Administration which can be classified from various points. It could be
partition under two heads like Normative Approach and Empirical
Approach. The regulating approach manages what Public Administration
ought to be and observational methodology focuses on depictions and
examination of genuine managerial circumstances. From another view
point it can be categorized under the following heads such as
i. Philosophical Approach
ii. Legal Approach

52
 iii. Historical Approach
iv. The Case-Method Approach
v. Institutional and Structural Approach
vi. Behavioral Approach
vii. Human Factor Approach
viii. Political Economy Approach to Public Administration
ix. Structural Functional Approach to Public Administration
x. Public Policy Approach to Public Administration
xi. Marxian Traditions and their Approach to Public Administration
5.3 PHILOSOPHICAL APPROACH
The philosophical methodology is the most far reaching and maybe the
most established way to deal with the Public Administration as of any
remaining sociologies. For instance this methodology is there in the
Shanti Parva of Mahabharata, Plato’s “The Republic”, Aristotle’s “The
Politics”, Hobbes Leviathan, Locks “Treaties on Civil Government” and
so on this methodology is additionally upheld by Swami Vivekananda
and Peter Self. This methodology covers a wide going domain of
managerial exercises which intends to discover the standards of
association.
5.4 LEGAL APPROACH
The legitimate way to deal with the investigation of Public Administration
was begun after the advancement of philosophical methodology. This
methodology has followed its starting point from the European practice
of Public Administration in law. This methodology has acquired its
ubiquity in European nations like France, Germany and Belgium. It
likewise has its promoters in Britain and USA. This methodology was
supported by F.J. Goodnow. This methodology in the investigation of
Public Administration is a piece of law and legitimately endorsed design
and association of public specialists. This is otherwise called legal or
juristic methodology, which appeared in the time of Laissez Faire,
restricting the elements of the state.
5.5 HISTORICAL APPROACH
The investigation of History is fundamental to capture the present just as
what's to come. The investigation of policy management likewise can't
be finished without understanding the advancement and progress of
civic establishments from the past to the present. The Historical way to

53
deal with policy implementation centers around the managerial
frameworks, cycle and approaches rehearsed before and afterward
attempt to decipher them pertinently with regards to introduce times.
There are different sides of the coin which the researchers have
contended, while this methodology might give rich insights about what
worked and what not before yet creators like John Pierre and B Guy
Peters say that the investigation of history can't give any usable data
which can be utilized now and the understudies of policy implementation
ought not have such misinterpreted thoughts.
The significant highlight note is that researchers should realize when to
rethink the past and when to disengage from it to draw applicable ways
of thinking and suspicions. In any case, the investigation of history of
organization doesn't turn out to be any lesser significant even in the light
of above differentiating contention. It stays significant in light of the fact
that improvements in the public arena over the long run and ages
lastingly affect the quality and amount of public administrations
conveyed. This methodology additionally helps the researchers and
understudies to comprehend that how the Government changed its
organization and working with changing occasions and what
repercussions it had. The investigation of the past likewise gives critical
data in regards to why a few techniques, strategies, frameworks and so
on were embraced and which needs did they address.
With the significance of verifiable methodology set up in investigations of
policy implementation, we will presently see what the lawful way to deal
with policy implementation is. Taking the legitimate course to policy
management would wander into the impressive lawful construction and
association of public bodies. As the name recommends, this
methodology related itself with laws, rules, guidelines, codes, official
obligations and so on It additionally portrayed the force, limits and
optional forces of the power and legal choices. Numerous nations
particularly in Europe like Germany, France, Belgium and others have
taken on the legitimate course to concentrate on policy management. It
functions admirably for these nations as they have two unmistakable
divisions of laws, the established and the other authoritative. The
protected law chiefly managed the interrelation of force between the
authoritative, leader and legal parts of the Government while the
managerial part worries about the working of the public associations.
Consequently, the chronicled way to deal with the investigation of Public
Administration concentrates on the Public Administration of the past
inside specific stretches of time, putting together and deciphering the
data in a sequential request.

54
5.6 THE CASE METHOD APPROACH
In the year 1930s this methodology turned out to be exceptionally
famous. It manages the portrayal of explicit occasions that lead to a
choice of a director. This methodology depends on the managerial real
factors and understudies acclimate with them. In 1952, twenty contextual
investigations were directed and named by Harold Stein. The Indian
Institute of Public Administration in New Delhi and the National Academy
of Administration had additionally distributed a few contextual analyses.
As per D Waldo "The case approach has been propelled by a guarantee
to the targets and techniques for the socia l sciences, certainly, yet it has
been saved additionally by an impressive affectability to customary
worries of the humanities and by a viable interest in teaching method as
against research".
5.7 INSTITUTIONAL AND STRUCTURAL APPROACH
The institutional way to deal with the investigation of policy
implementation perceives itself with the establishments and associations
of the State. The center space of this strategy lies in definite
investigation of the construction, the working, rules, and guidelines of the
chiefs, law making bodies and the divisions of the Government. The
researchers who practice this methodology ponders organization to be
an opinionated and mechanical capacity which lies just in the part of
strategy implementation. The creators like L D White and Luther Gulick
amassed their endeavors in unfurling what an institutional design was
and did little to construct any hypothesis really. The peruser might be
interested regarding why this exceptional consideration was paid to
characterize organizations. The current day meaning of foundation
incorporating a wide range of rules, guidelines and associations is
contended as erroneous by many creators like B Guy Peters and Jon
Pierre. An association continues getting mind boggling by adding casual
standards and practices which occurs through its connection with the
outer climate and they are as it were autonomous of the people who
make an association at a given place of time.
In any case, as indicated by Selznick (1957), any association which is
complicated should be imbued with esteem which is past the specialized
necessity of the assignments that are performed by that association.
This implies that an association has an unmistakable ability to be self-
aware and personality and its way and its convictions become significant
for the general public also. It likewise begins addressing the desire of the
local area and thusly impacts the local area with their own qualities and
convictions. A genuine foundation turns into an image for the local area

55
from numerous points of view, similar to the very structure where it is
housed. It tends to be strangely clarified and seen all through the History
that the repulsive gathering frequently involve the official royal residence
or workplaces or the parliamentary structures or represent a danger to
the amazing and representative designs.
In this way, examining and understanding their organization becomes
imperative to make them more proficient and result arranged. While the
conventional investigation of policy implementation underlines on the
information on History and Law however this institutional methodology
centerson the hierarchical construction, objectives and standards as
essential. Thus, a great deal of consideration was given to the issues
identified with the working of an association like designation,
coordination and control and administrative construction. In any case,
the fundamental disadvantage to this methodology was that almost no
consideration was given to the outside sociological and mental impacts.
These variables influence the association in manners which are not
generally unpretentious; however have solid results on the wellbeing and
prosperity of an association.
5.8 BEHAVIOURAL APPROACH
The expanding disappointment against the institutional and primary
methodology safeguarded into what has come to be known as the
conduct way to deal with the investigation of Public Administration. In
1940s this methodology had arisen centering the real conduct of people
and gatherings in association. The heralds of this methodology were
Herbert A. Simon and Robert A. Dahl.
5.9 HUMAN FACTOR APPROACH
Policy implementation is intended for individuals. From one perspective
it includes the connection among organization and its representatives
and on the other it is implied among organization and the people who
are controlled. Subsequently in current age policy management infers
huge associations whose limit can't be drawn without any problem. The
proper methodologies are fundamental and surprisingly expected for the
association however in the administration technique human factor
assumes a plentiful part in working the organization. As per O.Tead "The
focal force to be reckoned with of the persuasive impulsion and soul
which makes the establishment drives to ffulfil its motivation". Albeit the
huge associations definitely brings about depersonalization, loss of
singularity for the part and virtual treatment as a pinion in the machine
and in functional levels work of the executives and oversight, human
components are dismissed however human factor assumes a significant

56
part. It is additionally examined in the human connection hypothesis
created by Elton Mayo.
5.10 POLITICAL ECONOMY APPROACH TO PUBLIC
ADMINISTRATION
We have found out with regards to the renowned Wilsonian
division of governmental issues and organization and after the Second
World War the reducing pertinence of this polarity. The above reference
is essential to be remembered to comprehend this point which unites the
study of legislative issues and financial together to acquire a definite
comprehension of the organization of the state and its assets. After the
New Public Administration hypothesis of 1968, there was another
methodology proposed during the 1970s which discussed financial ways
to deal with investigate policy implementation called the Public Choice
Theory. We will find a way to comprehend a couple of ideas and
improvements of that opportunity to all the more likely break down the
Public Choice Theory. By the center of the last century, the Pigouvian
social government assistance framework was taken on by numerous
economies. English financial analyst Arthur C Pigou composed a book
called The Economic of Welfare in 1920 and furthermore took a stab at
characterizing what government assistance is in monetary terms.
The state worked on unexpected drivers in comparison to
economy and it was an acknowledged reality. In any case, the Public
Choice hypothesis tested this very reality and proposed the utilization of
financial measuring stick to assess the asset allotment in the public area
and monetary investigation to recognize the shortcomings in the
Government strategy and dynamic cycles. It likewise makes a reason
that the administrators and legislators work on a model to expand their
own force and impact and wind up detailing arrangements which might
be against the bigger public interest. Not, that we required a hypothesis
to demonstrate that notwithstanding, it got approval from many creators
and well-informed authorities. This hypothesis additionally got a more
customer driven methodology in the plan of strategies and the way in
which the public authority apparatus should work. There was a
reasonable tendency towards popularity based organization from
administration and a significant viewpoint was underlined that the public
authority activity should be in a state of harmony with the qualities,
needs and needs of the residents.

57
5.11 STRUCTURAL FUNCTIONAL APPROACH TO PUBLIC
ADMINISTRATION
The underlying practical way to deal with policy management is a
term adjusted from human science and human studies which deciphers
society as a design with interrelated parts. This methodology was
created by the praised anthropologist Malinowski and Radcliff Brown. In
this way, as indicated by them, every general public has a construction
and capacities. These capacities are standards, customs, customs and
establishments and can be analogized as organs of a body, as clarified
by Herbert Spencer.
This load of capacities needs to cooperate to make the body
work in general. Having clarified the more extensive importance of the
term; it bodes well for us to comprehend it according to the viewpoint of
policy management which would direct our further investigation of the
subject. During his period as a Researcher at the Foreign Policy
Association in USA, Fred Riggs ran over a fascinating wonder in regards
to the American Public Administration. He viewed them to be incredibly
self-retained in their methodology which accepted that the American
method of organization was exceptional with no supplements
somewhere else on the planet and that it was equipped for noting every
one of the managerial issues arising in the new non-industrial nations.
This methodology gives a system to comprehend social cycles.
The capacity is the outcome of examples of activities while the design is
the resultant establishment and the pattern of activity itself. It peruses
confounded however the hypothesis in itself isn't that hard to
comprehend. Social designs can be concrete like Government division
and Bureaus or even explicit social orders held together by shared
convictions, customs and ethics and furthermore scientific like
construction of force or authority. These structures play out specific
capacities and as far as primary practical methodology, these capacities
have a reliant example between structures. So the initial step is see
organization as a design which has regulatory framework with qualities
like order, specialization and so forth the social qualities can be
reasonableness, impartiality, polished skill and rule direction. Then, at
that point, one can continue to look at the elements of administration.
5.12 PUBLIC POLICY APPROACH TO PUBLIC ADMINISTRATION

We read about the Wilsonian way of thinking of policy management and

the popular division of governmental issues and organization. After
Wilson, there were many creators like Frank J Goodnow, L D White and
F. W. Willoughby who explained on the theme and reaffirmed the need

58
to isolate the political capacities and authoritative elements of the public
authority. Willoughby went to the degree of calling policy implementation
as the fourth part of Government after authoritative, leader and legal
executive. In any case, this politic-organization polarity hypothesis lost it
pertinence after the Second World War. The essayists, writers,
academicians and educated authorities at last stirred to the way that
organization of an administration can never be liberated from political
components. They began challenging the partition of governmental
issues and organization as they could plainly see that both were
frightfully interlaced with each other and difficult to isolate both in soul
and activity.
After the Second World War, there was a restored interest in the parts of
organization due to the functional experiences and coalitions shaped
during the conflict, production of global associations and rise of the
agricultural nations. Additionally, after the conflict, the Government
reexamined itself from a harmony attendant and supplier of
administrations to turn into a Welfare State. The public consumption in
many areas of the planet expanded enormously after 1945 as the
Governments began taking an ever increasing number of drives for the
government assistance of the general public. A great deal of changes
was completed in regions with respect to the substance of public
arrangement as well as the manners by which they were formed. This
new methodology acquired energy after 1970s when a ton of
investigation began occurring around the manner in which the public
authority strategies influenced individuals. The Vietnam War and
Watergate outrage in US, the Administrative Reforms Commission set
up in India in 1966, the drive to lessen public use to decrease direct tax
collection under Margaret Thatcher in 1979, the making of the Malaysian
Administrative and Management Planning Unit in 1977 in Malaysia were
to give some examples.
With evolving times, the necessities of the general public have
additionally changed thus plays the part of the public authority and
nature of its strategies. The increment in the normal age of the populace
has made the Government to investigate the annuity approaches in the
created nations while the youthful uneducated populace of the non-
industrial nations has constrained their administrations to concoct
strategies like Right to Education in India. The incongruity of this public
strategy approach is that it envelops numerous parts of government
working. The range has become so wide that; to an understudy of policy
management, it seems befuddled and spread everywhere. Different
methodologies that have clear isolation between the governmental

59
issues and organization were plainly discernable and straightforward.
Numerous perusers may likewise get discouraged to understand that
legislative issues impact the arrangement making just as the
organization parts of the manner in which a Government capacities.
Anyway with expanding number of partners and strain gatherings, the
legislative issues can be held within proper limits and the job of
lawmaker goes under scanner to prevent any sort of essential strategy
making to help a couple.
5.13 MARXIAN TRADITIONS AND THEIR APPROACH TO PUBLIC
ADMINISTRATION
Karl Marx has regularly been referred to as the most impressive
character throughout the entire existence of human development. He
was a savant while being a market analyst, a communist who was
additionally a columnist and an antiquarian who proposed the realist
origination of history. His perspectives in regards to his spaces of work
and interests are all things considered named as Marxian. Karl Marx
was a revolutionary from numerous points of view which additionally
added to his capacities to look and comprehend past the self-evident.
He immovably accepted that the world can't be changed just by
producing thoughts; changes can be gotten, simply by genuine, active
work. Indeed, even as s understudy Marx was profoundly impacted by
crafted by German scholar G.W.F. Hegel. It was Hegel who roused Marx
to change from legitimate investigations to theory; a reality Marx
conceded in a letter to his dad, legitimizing his choice. Is fascinating that,
Hegel and his motivation didn't keep Marx from fathoming the lacunae
between the normal and the genuine in the ways of thinking of Hegel.
One of his significant works was his Critique of Hegel‟s Philosophy of
the Right.
It would only make sense to point out to the readers at this stage is that
Marx wrote very little about bureaucracy as such, and mostly after 1843.
However whatever little he wrote gives a clear understanding of his
stand regarding the need and relevance of bureaucracy in a modern
State. Marx believed that understanding the functionalism and
structuralism of bureaucracy was critical because it is the political
expression of the division of labor. In his „The Eighteenth Brumaire‟
Marx calls France as the abode to bureaucracy as opposed to Germany
which in his opinion, up until then was the supreme example of
oppressive bureaucratic conditions in the states. He suggests that
bureaucracy create conditions which subjects people to gross
manipulations.

60
Another important deviation from the Hegel influence can be viewed in
the manner Marx and Hegel understood bureaucracy. According to
Hegel public administration was a bridge between the State and civil
societies. The state through bureaucracy joined various particular
interest to arrive at one general interest.On the other hand Marx viewed
that the State did not represent the general interest but the interests of
the ruling or the dominant class. And obvious enough, this class was a
part of the civil society. He went on to say that in a capitalist economy,
the bureaucracy is aligned with the dominant class and it masquerades
the interests of this dominant class as the general interest which is
subsequently forced on the society.
LET US SUM UP

Policy implementation is a thorough, interdisciplinary methodology that

draws on information sources across the sociologies. Plays a significant
part in the plan of public approach and is hence a piece of the political
interaction. Organization is the association and heading of human and
material assets to achieve a reason. Policy management comprises of
that load of tasks having for their motivation the satisfaction and
implementation of Public Policy.
CHECK YOUR PROGRESS
1. Public Administration could be partition under two heads like
___________ and _________ Approach.
2. The legitimate way to deal with the investigation of Public
Administration was begun after the advancement of ____________
methodology.
3. The ___________________________ in New Delhi and the
National Academy of Administration had additionally distributed a
few contextual analyses.
4. The Vietnam War and Watergate outrage in US, the Administrative
Reforms Commission set up in India in ______.
GLOSSARY
Philosophical Approach : Concentrates on what ought to be.
Structural functional approach : It is understood through
description and existing
infrastructure.
Ecology : Mutual relations collectively
between organism and their
environment.

61
ANSWER TO CHECK YOUR PROGRESS
1. Normative and Empirical.
2. Philosophical.
3. Indian Institute of Public Administration.
4. 1966.
MODEL QUESTIONS

1. Describe the various approaches to the study of Public

Administration.
2. Analyse the Marxian approach to the study of Public
Administration.
3. Explain the classical approaches to the study of Public
Administration.
4. Write an essay about the Public Policy approach of Public
Administration
SUGGESTED READINGS

1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya

Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

62
UNIT 6

PUBLIC ADMINISTRATION IS AN ART OR SCIENCE

STRUCTURE
Overview
Learning Objectives
6.1 Introduction
6.2 Public Administration is a Science
6.3 Public Administration is not a Science
6.4 Public Administration is an Art
6.5 Arts vs Science – The Debate
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

Each friendly discipline ends up defied with the inquiry if it is a science.

The discussion has started in light of the fact that science generally
represented actual sciences like physical science, science and so forth
one gathering of masterminds was included Jacob Winer, Morris R.
Cohen, Robert A. Dahl, Dr. Better and other people who denied Pubic
Administration the situation with a science. One more gathering of
masterminds incorporates C. Neely, Wallace B. Donham, Luther Gullick,
Willoughby and other people who guaranteed that Public organization is
a science like different sciences. In this unit, we will discuss about the
public administration is an art or science.
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Analyse whether Public Administration is an Art.
 Understand whether Public Administration is a Science.
 Learn about the Principles of Arts vs. Science.

63
6.1 INTRODUCTION
At a first look it appears to be simpler to acknowledge policy
management as a workmanship. It is only the organization of
Government undertakings and for most part it doesn't adhere to the laws
of Science like shortfall of standardizing esteem, consistency of conduct
and general application. We will peruse more with regards to the
Wilsonian perspective on policy management in the following article,
however, he essentially highlighted that the objective of legitimate audit
is to discover what government can properly and successfully do and
how it can do those things with most outrageous capability with least
possible cost of money or energy.
After Wilson another huge conflict came from Frederick Taylor who
created a book called The Principles of Scientific Management (1911) in
which he proposed to observe one to be most ideal technique for
finishing things/action and thusly get a good deal on cost on time and
energy. Luther Gulick and Lyndall Urwick aggregately appropriated,
Papers on the Science of Administration which reaffirmed its status as a
Science. W F Willoughby communicated that strategy execution like
Science has certain fundamental norms which can be generally applied
and as such it is a Science. Nonetheless, there still stay certain
perspectives to be set up before policy management can be really and in
genuine terms, be delegated a Science. The spots of regulating esteems
in policy management ought to be unmistakably characterized. More
endeavors ought to be placed in to understanding the human instinct
and elements at play in policy implementation.
Ultimately, the standards of policy management ought to get references
from across the universes, societies, sort of states and so on. The
happening to the high level government help state itself has added, to
the changing method to manage strategy execution. The kind of
activities and circle of works have never been more moved and dynamic
and there has been an at no other time interest in truly dealing with the
capability of the public power.
Taught specialists like Frederick Taylor have opened ways to deal with
examination, experimentation, discernment, variety of data and
assessment reliant upon which guidelines and laws can be made. There
is growing number of authors like Metcalfe, Fayol, Emerson, Follett,
Mooney, and even more actually Drucker .etc who have made in regards
to the issue out of association. Without a doubt Drucker made a book
called "The Age of Discontinuity" and one of the pieces of the book
called The Sickness of Government transformed into the reason of the

64
New Public Management speculation popular in 1980s which focused
available masterminded organization of the public area. Thus, one can
safely say that with the changing events and afterward a few and more
assessments finished in the field of social sciences, association and
human relations, the subject of strategy execution can by and by don't
take the protected place of craftsmanship and would have to emerge
more grounded with huge and fundamental principles like that of
Science.
6.2 PUBLIC ADMINISTRATION IS A SCIENCE

The base of declaring Public Administration as a science was himself

propounded by the Father of Administration Woodrow Wilson when he
said that "there should be a science of administration". Woodrow Wilson
was of the view that if developed, the science of politics will go a long
way in solving the problem of widespread corruption and violence which
pervaded the time American society significantly. He said that American
administrative practice involved scientific methods also. He also said
that the growth of science of administration was slightly slower in
America owing to the fact of public opinion. Wilson was of the view that
Public Opinion was responsible for slow growth of science of
administration in America. Wilson said that the real challenge was not
simply how authority would be defined but how it was to be actually used
on regular basis by those administrators who must operate the ongoing
functions of Government and implement new policies.
There are diverse views regarding the debate about whether Public
Administration is a Science or Art. Robert Merton and LD White hold the
view that Public Administration is a Science however FW Taylor and
LindallUrvey say that discipline of Public Administration will become a
Science in coming future. Barring these few exceptions it is widely
believed that Public Administration is not a Science subject and it cannot
be a Science Subject.
Robert Dahl gave his own reasoning explaining why he believed that
Public Administration is not a Science. His reasoning is explained later in
this article. Most of the scholars who believe that Public Administration is
not a science hold the view that it is an art subject and some believe that
it can be given the status of a Social Science Subject or Humanity
Subject.
Claims to prove Public Administration as science
1) Some scholars have argued that the Public Administration is
science, if science denotes methodical examination of information

65
 from experience and observation. Since ancient times, there has
been some kind of administration. Over time, considerable
information in the form of administrative science has been gathered.
Machiavelli's "Prince' and Kautilya's Arthasastra are outstanding
public works and not just political philosophy treatises.
2) The government is a science since it can be scientifically examined
using scientific methods. Over the years, observations and
experiments have supplied material to make new deductions or to
verify previously proposed general proposals.
3) The government has been more accurate in recent decades.
Experience demonstrates that management professionals provide
various forecasts which precisely lead to the consequences as their
prediction.
4) Special institutes were created in all sophisticated nations of the
globe to enhance the science of public admiration and to find new
ways and principles of administration.
5) Research has been started recently to find the location and social
context of public administration in diverse administrative
environments.
6.3 PUBLIC ADMINISTRATION IS NOT A SCIENCE
No sociology including Public Administration which inspects human
direct can guarantee the level of accuracy and trustworthiness like an
actual science. Consequently, Public Administration can't be known as a
science due to the accompanying reasons:
1) Public Administration needs precision of an actual science. Since
will, reason, decision, impulses and qualities assume an
indispensable part when a person acts; it is beyond the realm of
imagination to expect to achieve consistency in this subject like that
of other actual sciences.
2) It is undeniably challenging to separate realities of Public
organization and gauge and group them with precision or confirm
authoritative hypotheses so supported by researchers deductively.
3) It has been contended that some concurred standards of Public
Administration have not been so far discovered. It's anything but a
science as it needs accuracy dependent on widespread legitimacy of
laws or standards.
4) Public Administration needs objectivity while unadulterated sciences
are unbiased, uniform, precise, unsurprising and irrefutable. They

66
 scarcely change with the progressions of time, spot, and climate.
Despite what might be expected, the topic of Public Administration is
the person who continually changes with the progressions of time
and climate.
5) Again, Public Administration is worried about human conduct which
isn't dependent upon consistencies of nature like actual sciences.
6.4 PUBLIC ADMINISTRATION IS AN ART
In antiquated Chinese, Egyptian and Indian developments even use it as
a craftsmanship. The ''Art'' implies the demonstration of getting things
done to create agreeable outcome. The subject of policy implementation
first finds the standards of organization and afterward places them by
and by. The appropriateness of these standards to a specific
circumstance makes the director a craftsman. The presentation of the
workmanship, as per the set down standards, makes the subject a
craftsmanship. Charles Warth says, ''Administration is a workmanship
since it requires its fineness and authority, energy and grand feelings''.
As a craftsmanship, the chairman prior to making any move should
make up their psyche based on the study of organization. Ultimately, he
is to act, to accomplish the ideal goal. We can, thusly, say that Public
Administrator is additionally a workmanship.
From the above conversation we can reach the resolution that Public
Administration isn't a science like other actual sciences. It is headed to
turning into a science. As indicated by Urwick, ''A genuine study of
organization is at last conceivable''. However, it is fundamentally a
sociology of perception as opposed to analyse. Additionally, it is a craft
of running the organization so as to accomplish its objective. We,
consequently, infer that the Public Administration isn't just sociology yet
in addition a workmanship.
6.5 ART VS SCIENCE – THE DEBATE
Robert Dahl said that for a subject to be taken up in the stream of
science it should have three basic conditions fulfilled. These are -
1. Principle of Universality
2. Principle of Impersonality
3. Principle of Predictability
After some time 2 more conditions were added in the above two in order
to categorize a subject in the field of science. They are Cause and Effect
and Demonstrability.

67
Now if we talk about Principle of Universality. Different regions of this
world have their own unique set of cultures and values and their
administrative systems while governing specifically keep in mind the
prevalent local conditions and govern accordingly. So it is quite clear
that the same set of rules of governing is not applicable to all the regions
of the world. So clearly here we can say that in the field of Public
Administration it is almost impossible to prove the Principle of
Universality owing to the fact that different levels of development,
different cultures and values, different languages, different mindset,
different geographical conditions etc. create very different conditions
which cannot be governed by a single set of rules. So Principle of
Universality cannot be present in the case of Public Administration
globally.
However taking a slightly differing view point saying that different
countries of the World are ruled in different ways in accordance with the
rules that are usually codified in a compact form termed as the
Constitution of that particular country. In these Constitutions of various
countries there governing procedure, rules, fundamental rights,
procedure established by law and many other provisions are mentioned
in detail. The gist of all these provisions is almost the same throughout
the world hence here we can some up that on a macroscopic level we
can say that the Principle of Universality and Principle of Impersonality
are satisfied. Hence on the basis of this reasoning we can sum up that it
would not totally be correct to declare Public Administration as an Art
subject. On a macroscopic level some elements of scientific nature are
also found in the study of Public Administration. Sofar on the basis of
first two principles of Robert Dahl it can be said that some part of Public
Administration comes under the discipline of art and some comes under
the discipline of science.
Coming to the last three principles as Principle of Predictability, Cause
and Effect and Demonstrability. Now if in the stream of Science we look
at some fields like Space Science, Oceanography, Astrology,
Astronomy, Radioactivity etc. there are still a lot of things that are left to
be found out and at present it is widely believed that it is almost
impossible to find out some of them as they are very much out of the
range of human imagination and reach. They are for the time being out
of the general ambit of science. So comparing this situation with present
day Public Administration, the cause and effect of the decisions that we
make can be predicted and seen. The basis of all of the above points it
had been concluded that "Public Administration is Science in theory and
Art in practice".

68
LET US SUM UP
From the foregoing, the summary may be understood to be an art and
science also. It represents the administration of government affairs
procedure or action. It's practical rather than theoretical. This is why
public administration is best identified as an art. It is certainly a specific
expertise and it is science in that respect. In the practical world of Public
Administration what matters is Good Governance and not whether
Public Administration is a Science or Art. This discussion of whether
Public Administration is a Science or Art is fully intellectual in nature and
is studied in accordance with the views of the various noted Public
Administration scholars.
CHECK YOUR PROGRESS

1. Frederick Taylor who created a book called The Principles of

Scientific Management in _______.
2. Public Administration as a science was propounded by the Father
of Public Administration ____________ when he said that "there
should be a science of administration".
3. Public Administration isn't a _______ like other actual sciences.
4. Robert Dahl subject to address ____ conditions to fulfill for art vs.
science debate.
GLOSSARY

Enunciation : Manner of pronouncing.

Unanimity : of one mind.
Rational : Agreeable to reason.
ANSWER TO CHECK YOUR PROGRESS
1. 1911.
2. Woodrow Wilson.
3. Science.
4. Five.
MODEL QUESTIONS

1. Public Administration is an Art or Science – Elaborate.

2. Explain why Public Administration is considered an Art.
3. Explain why Public Administration is considered a Science.
4. Analyse the debate on whether Public Administration is an Art or
Science.

69
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

70
 Block III
Principles of Organization

Unit-7 Organization - Types of organization

Unit-8 Principles of organization: Hierarchy-Span of Control –

Delegation-Centralization and Decentralization-
Supervision

71
UNIT 7

ORGANISATION - TYPES OF ORGANISATION

STRUCTURE
Overview
Learning Objectives
7.1 Introduction
7.2 Meaning of Organisation
7.3 Definition of Organisation
7.4 Nature of Organisation
7.5 Bases of Organisation
7.6 Importance of Organisation
7.7 Benefits of a Sound Organisation
7.8 Types of Organisation
7.8.1 Formal Organizations
7.8.2 Informal Organizations
7.8.3 Contrasts among Formal and Informal
Organizations
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The term "organisation" implies to arrange structure and put into
operation. It refers to an action plan that aims to have achieved jointly.
According to the Gaus' organisation, the relationship between the
endeavours and abilities of individuals and groups involved in a shared
work is sought in the ultimate friction to achieve the intended aims and to
satisfy them the most. Gladden describes organisation as the "path of
interactions between people in a company thus devised to accomplish
the functions of the entrepreneur”. In this unit, we will discuss about the
meaning, nature, significance and types of organization.

72
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the meaning of organization.
 Analyse the different types of organization.
 Know the various approaches to the study of organization.
7.1 INTRODUCTION

The main outline is the organisation. A collection of individuals working

towards a common purpose is a cooperative effort. In order to meet the
required administrative objectives, the group must be structured. It is
designed to achieve particular objectives by bringing people together,
sharing work and action, with a correct understanding over a period of
time. It is a key component of management. The right use of persons,
materials and money to achieve stated goals is facilitated. So
administration is worthless without an organisation. The organisation has
two aspects, formal and informal. Thus, Dimock & Dimock noted "the
organisation, through which the administrative process is maintained, is
the essential instrument." Organizations are therefore essential since
many individuals spend a huge amount of time in them.
7.2 MEANING OF ORGANIZATION
"Organization" is derived from "organicism" meaning an organised
organisation of autonomous parties which share shared activities. The
brief oxford term "organisation" is used for structuring and putting it into
operation. The term "organisation" lends itself to three various
interpretations, such as Structure and construction as well as Structure
itself. In a static sense, an organisation is made up of a collection of
people who work together to achieve the shared purpose. It's the way
labour is divided. It is necessary to do first of all a job; secondly, division
of work is needed if a group of people does the job. The organisation is,
in the words of Gaus, the connection between the efforts and abilities of
individuals and groups involved in a shared job so as to ensure the
intended goals with the lowest friction and the highest satisfaction of
those who do the work and who are engaged in the companies." The
Gaus definition emphasises the human aspect of an organisation.
According to E.N. Gladden as "the pattern of relationships between
people in a company designed to fulfil the activities of the company." An
active organisation is a method of linking a framework of roles that may
be utilised as a management tool to carry out a company most
effectively. It is the process to identify the actions to be carried out, to

73
arrange, to organise and to allocate them to achieve the objectives.
Haimann states that "the organisation is the process by which the
operations of the company are defined and grouped and the authority
connection between them established." This is an interaction and
differentiation process. It separates the task and provides unity of effort
between different working units by distinguishing it.
7.3 DEFINITION OF ORGANIZATION
"Organization is the formal authority structure through which work
subdivisions are ordered, defined and coordinated for a stated purpose"
according to Luther Gullick.
Mooney said that "the organisation, for shared purpose, is the form of
every human relationship."
According to Gladden, "the organisation deals with the patterns of
interactions among people in a business designed to serve the purpose
of the entrepreneur."
Simon states that "By Organization is a planned cooperative effort
system where everyone is acknowledged as playing and performing
responsibilities and tasks."
"Organization consists, according to Pfiffner, of the interaction between
individuals and groups so that they create an ordered division of labour,"
he said.
L.D. White says "The organisation, via assignment of tasks and
responsibilities, arranges the employees to facilitate the fulfilling of a
certain agreed goal."
7.4 NATURE OF ORGANIZATION
From sociology, we learn that organisations are social systems;
consequently activities there in are governed by social laws as well as
psychological laws. Just as people have psychological needs, they also
have social roles and status. Their behaviour is influenced by their group
as well as their individual drives. There are two types of social systems
exist side by side in organisation. One is formal system and other is the
informal social system. The existence of social system implies that the
organisational environment is one of the dynamic changes rather than a
static set of relations. All parts of the system are interdependent and
subject to influence by any other part. Mutual interest is represented by
the statement “Organisation need people, and also need organisation.”
Organisations have a human purpose. They are formed and maintained
on the basis of some mutuality of interest among the participants.

74
People see organizations as a means to help them reach then goals,
while organisation needs people to help reach organisational
objectives.If mutuality is lacking, it make no sense to try to assemble a
group and develop co-operation, because there is no common base on
which to build.
There are different organisational features according to Nicholas Henry.
Organizations are intentional, sophisticated human collectivities, for
example. A) Secondary or intimate relationships are characterised by
organisms. B) There are limited aims for organisations. C) Sustainable
cooperative action characterises organisations. D) The wider social
structure includes organisations. E) Organizations provide their
environment services and products. F) Organizations are reliant on
environmental interactions.
"Three principal aspects of the organisations, such as individuals, united
efforts and joint efforts are in place" says L.D. White.
"The constituents of organisations, according to C.I. Bernard, are
common purpose, are ready to communicate and serve," she says.
However, the Organizations have five common components. They are
1. Achieving stated goals
2. Work allocation and subjective specialisation
3. Effective co-ordination and interrelation
4. Hierarchy Principle and command channels
5. Address the Fixed Authority.
7.5 BASES OF ORGANIZATIONS

Luther Gullick said that four different organisational bases exist.

1. Resolution or objective - it demonstrates how the organisations
work. There are several departments, including Health, Labor, Human
Resource, Defense and so on. The purpose means to the organisation
the following.(i)Give the organisation an understandable task
(ii)Eliminating job duplication (iii) Facilitate co-ordinate principles growth
(iv) To allow liability fixing (v)To the common man understandable
although the proposal has many drawbacks, such as overlooking the
subordinate job type, ignoring new technologies, leading to departmental
thinking, etc., the goal does mean the organisation's vital basis.
2. Process of development - It reflects the organization's particular
talents in working. Examples of process based organisations are the
Space Department, the Law Department, the Department of Ocean

75
Development, etc. The procedure is attempting: (i)Facilitating maximal
specialisation amounts. (ii) Ensure that up-to-date technological skills
are maximally used. iv) To promote coordination in technical work (v) To
foster career service development (iv) To assure economy via maximum
utilisation of machines for work saving (iv) While there are distinct
drawbacks, such as restricted utilisation, which are not relevant to non-
technical activity, significance for the means and not objectives,
conflicts, disregard of the services of generalist administrators and so
on.
3. Personnel management- It refers to the services the company offers
its clients (clientele). The customer organisations include the
Department of Rehabilitation, Tribal Social Affairs and Women's Welfare,
etc. People try I to create a single agency accountable for all of the
Group's needs (ii)to facilitate the coordination of the many services
supplied for the recipients. (iii)Establishing a good connection between
the Agency and the target group.(iv) Enabling all solutions to the
problem. Furthermore, there are numerous downsides to the principle of
customer service, such as the expansion of various tiny departments,
competence disputes within the departments and the infringement of the
principle of specialisation.
4. Places of organization- It refers to the territory that the group
protects. For example, the place-based organisation consists of foreign
affairs and geographical divisions, the Damodar Valley Corporation, etc.
The primary advantages of locations are (i) that diverse services are
coordinated within the designated region. (ii) Embrace national policies
national policies (iii)It is appropriate in the event of distance issues and
communication. (iv)The transmission costs are lower and that creates
issues. In addition, there are also certain drawbacks to organisations'
places, such as counteracting the uniformity of national policies in
administration, encouraging localism at the price of national outlook and
solidarity, breaking the multifunctional principle of specialisation, making
organisations vulnerable to the improper impacts of regional interests
and lobbying groups and so on.
7.6 IMPORTANCE OF ORGANISATION
Organisation is one of the basic functions of management. Organising
includes establishing an appropriate structure of relationships among the
various positions and individuals in the organisation. A sound
organisation structure can contribute to the success of an enterprise in
more than one ways. It is as a matter of fact the backbone of
management.

76
The significance of sound organisation will be clear by studying the
following factors:
1. It facilitates co-ordination
Organisation is an important means of bringing co-ordination
among the various departments of the enterprise. It creates clear-cut
relationship between the departments and helps in laying down
balanced emphasis on various activities. It also provides for the
channels of communication for the co-ordination of the activities of
different departments.
2. It facilitates management
The function of organising is very much necessary for the
performance of the other functions of management like planning,
staffing, directing and controlling. Poor organisation may result in
duplication of work and efforts and some of the important operations
may be left out. Good organisation facilitates the performance of various
managerial functions by division of labour, consistent delegation or job
definition and clarity of authority and responsibility relationship.
3. It facilitates growth and diversification
Sound organisation helps in the growth and expansion of the
enterprise by facilitating its efficient management. Sound organisation
helps in keeping the various activities under control and increase the
capacity of the enterprise to undertake more activities.
4. It provides scope for training and development
An effective organisation facilitates delegation of authority which
is an important device for training and developing the personnel.
Delegation of authority is also an important means of directing the
subordinates. It prepares them to take more responsibility whenever
need arises.
5. It provides for optimum use of technological innovations
Sound organisation structure is not rigid but it is flexible to give
adequate scope for improvements in technology. It helps in introducing
changes in the enterprise by modifying the authority and responsibility
relationships in the wake of new development.
6. It ensures an optimum use of human resources.
Sound organisation matches the jobs with the individuals and
vice versa. It ensures that every individual is placed on the job for which
he is best suited. This helps in the better use of individuals working in
the enterprise.

77
7.7 BENEFITS OF SOUND ORGANISATION
Organising of people and things is essential for co-ordinated work. Good
organisation structure is an indispensable means for better business
performance and better achievement of the objectives. A planned
organisation outlines the required functions, relates those functions in a
systematic manner and assigns requisite authorities and degrees of
responsibility to the people performing those functions.
The principal advantages of organisation may be stated briefly as
follows:
1. Efficient Administration:
A properly designed organisation facilitates administration. Proper
division of work with systematic and specific fictionalization of duties and
consistent delegation of authority with well-defined inter-relationship will
not only ensure better utilisation of the personnel and their abilities but
also smooth the management of business activities.
It avoids confusion and misunderstanding, eliminates delay and
inefficiency in the performance of work; it removes all bottlenecks in the
flow of work and facilitates quick and correct decisions. It secures
optimum use of physical, mechanical and human resources.
2. Prompt Accomplishment:
It adds definiteness to the activities to be accomplished by allocating the
duties and responsibilities to the individual members of the enterprise. It,
thus, secures certainty and promptness in accomplishment of the task.
3. Growth and Diversification:

It promotes growth and facilitates diversification. Expansion of business

and diversification of production process depend on sound organisation.
Giant businesses are the outcome of organisational ability of the
managers.
4. Optimum Use of Advanced Technology:
Present technical development greatly influences the need for more
adequate organisation structure and for understanding the proper form
of organisation best designed to accommodate the new factors. The
high cost of installation, operation and maintenance of new equipment
call for proper organisation.
5. Stimulating Creativity:
Good organisation stimulates independent creative thinking and initiative
by providing well-defined areas of work with provision for development of

78
new and improved ways of doing things. In short, the organisation
structure demands creative result from creative people. By establishing
clear-cut accountability it provides recognition for the professionals and
the specialists in terms of their achievements.
7.8 TYPES OF ORGANIZATION
There exist two types of organizations, namely, Formal Organization and
Informal Organization.
7.8.1 Formal Organization
An association which has a proper arrangement of rules and guidelines
with obvious designs and methods are called formal association, the
approaches and goals still up in the air. There is additionally severe
recognition of the standard of co-appointment with progressive division
of work. Again in such a sort of association messages are conveyed
through scalar chain qualities of formal organization. In formal
associations, the work is dispensed to every single individual related
with it. It is normal that everyone plays out their apportioned
undertakings to achieve the objectives of organization. In formal
associations, these are co-appointment of the different exercises
intended to be performed in order to guarantee successful working of the
organization. The obligations of the individuals in the conventional
association are very distinct every one of them have a positive spot in
the association dependent on the standard of progressive system and
division of work. Formal association guarantees bunch cohesiveness.
7.8.2 Informal Organisation

Casual associations mean an arrangement of association which doesn't

have any conventional arrangement. It is the total of individual contacts
and communications and connections are worked among individuals.
The interlocking social design which administers the working individuals
together through an arrangement of standards, individual and expert
associations is the way we characterize casual organization.it is an
association inside the conventional association working with it.
Elements of casual association
1) Perpetuating social and social qualities: Informal association
sustains social and social qualities that the gathering holds to.
There are sure normal qualities among the gathering individuals
that are casual. Everyday cooperation’s support these and helps in
saving gathering solidarity and respectability
2) Providing economic wellbeing and fulfillment: Informalism in

79
 association adds to individual regard, feeling of being commendable
and feeling of fulfilment among the individuals, as they get a chance
to work unreservedly, not limiting themselves to formal designs.
3) Promoting correspondence among individuals: The casual
gathering develops an arrangement of correspondence in order to
keep its individuals educated with regards to the activities of the
administration.
4) Providing social control: By method of affecting and managing the
conduct of the group informal organization gives social control.
Attributes of casual association
1) Informal association is dynamic and responsive and it advances
continually.
2) It is grass root arranged.
3) Trust and correspondence are the cardinal qualities.
4) It accepts that the dynamic in an association is an aggregate cycle.
5) Its design is generally liquid and rather level.
7.8.3 Contrasts among Formal and Informal Organizations
1) An association where the job of every part is obviously
characterized, and responsibility is fixed is a conventional
association. Casual association then again is framed inside
conventional association, which depends on relational relationship.
2) Formal association attempts to satisfy the points and destinations
of the association. Casual association targets fulfilling the social
and mental requirements.
3) Formal association is steady. Casual association isn't steady.
4) In conventional association, the set up is constrained by rules and
guidelines. While in casual association, standards, qualities and
conviction fill in as control systems.
5) In conventional association, the attention is on work execution. In
casual association, the attention is on relational relationship.
6) In conventional association, individuals depend on a various
leveled structure. While in casual association, individuals depend
on relational connections.
Anyway however formal and casual association are not quite the same
as each other, it can't be rejected that both these two sorts of

80
association are between related and they support one another. No
association can completely be perceived without the other. While formal
association controls the working and conduct of its individuals by rules
and guidelines, informalism empowers one to comprehend the idea of
the laborer, the real individual with all their inborn characteristics and
indecencies.
LET US SUM UP
Casual associations mean an arrangement of association which doesn't
have any conventional arrangement. The interlocking social design
which administers the working individuals together through an
arrangement of standards, individual and expert associations is the way
we characterize casual association. It is an association inside the
conventional association working with it. While formal association directs
the working and conduct of its individuals by rules and guidelines,
informalism empowers one to comprehend the idea of the specialist, the
real individual with all their inborn characteristics and indecencies.
CHECK YOUR PROGRESS
1. According to E.N. Gladden as "the pattern of relationships between
people in a company designed to fulfil the ________ of the
company."
2. Organization is classified into two as ________ & ________
organization.
3. Organisation is an important means of bringing __________
among the various departments of the enterprise.
4. Good organisation structure is an indispensable means for better
business performance and better achievement of the __________.
GLOSSARY

Clientele : Clients collectively.

Process principle : process is to think information over, or a concept
Formal : Officially sanctioned or recognised.
Informal : not according to customized or official way.

81
ANSWER TO CHECK YOUR PROGRESS
1. Activities.
2. Formal and informal.
3. Co-ordination.
4. Objectives.
MODEL QUESTIONS

1. Define an organization and explain the two different types of

organisation.
2. Write the meaning of formal organization.
3. Write the meaning and functions of informal organization.
4. Write the differences between formal and informal organisations.
SUGGESTED READINGS

1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya

Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

82
UNIT 8

PRINCIPLES OF ORGANISATION – HIERARCHY – SPAN OF

CONTROL – DELEGATION – CENTRALISATION &
DECENTRALISATION - SUPERVISION
STRUCTURE
Overview
Learning Objectives
8.1 Hierarchy
8.1.1 Meaning of Hierarchy
8.1.2 Features of Hierarchy
8.1.3 Advantages of Hierarchy
8.1.4 Disadvantages of Hierarchy
8.2 Span of Control
8.2.1 Factors influencing span of Control
8.3 Delegation
8.3.1 Elements of Delegation
8.3.2 Delegation of Authority
8.3.3 Relationships between Authority &
Responsibility
8.3.4 Differences between Authority &
Responsibility
8.4 Centralisation and Decentralisation
8.5 Supervision
8.5.1 Kinds of Span of Supervision
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings

83
OVERVIEW
As a administrators, we have various options to structure the
organisation, to define the power centres, to fix the various levels of
management, to establish the communication channels, and so on.
Given all these options to design the organisation, the question is how to
place all these factors in combination so as to achieve the organisational
objects by the best possible resource management. Various
management researchers have given different principles to guide a
manager performing organisation function. In this unit, we will discuss
about the principles of organization with hierarchy, span of control,
decentralization and centralization.
LEARNING OBJECTIVES

After learning this unit, you will be able to

 Understand the principles of organization.
 Explain the different principles of organization.
 Discuss the various principles to the study of organization.
8.1 HIERARCHY
Hierarchy is one of the most significant principles of organization and it
occupies the prominent place in the writings of classical thinkers. The
first part describes the meaning of hierarchy. The second part includes
its application and features. The third part explains the advantages and
disadvantages of hierarchy. The fourth part explores the measures to
overcome the disadvantages of hierarchy and attempt of some
organization to introduce newer form of governance by replacing
hierarchical organisation.
8.1.1 MEANING OF HIERARCHY
Hierarchy, literally, implies higher rule or control over the lower. In
particular, hierarchy denotes a graduated arrangement of sequential
stages where the lower level is subservient to the higher level. Oxford
English dictionary defines hierarchy as “a body of person or things
ranked in grades, orders or classes, one above another”. J.D. Millet
defined hierarchy as a method whereby efforts of different individual are
geared together. Hierarchy creates pyramidal structure which Mooney
and Reiley calls the “Scalar Process”. In the words of Mooney, scale
means a series of steps, something graded. Thus it creates ladder like
structure of organization.

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8.1.2 FEATURE OF HIERARCHY
1. It functions on the principle of “Through Proper Channel”. Every
proposal or paper has to pass through all channels. No intermediate
level in the hierarchy is skipped over in transacting transcending official
business either in upward or downward directions.
2. Unity of command is essential feature of hierarchical organization.
3. Authority is distributed at various levels in organization.
4. The superior has the right to issue order; commands, instructions and
subordinate have obligations to carry out the same. They put
suggestions, request and permission regarding work or programmes.
5. Hierarchical organization is broader at base and goes on tapering
towards the top.
6. Authority vested in an official at every level should be commensurate
with the responsibility entrusted to him.
7. Status, authority, salary and other privileges go on increasing at
successive higher level.
8.1.3 ADVANTAGES OF HIERARCHY
1. This Principle keeps the various units of organization integrated or
linked together. It clarifies the unity of purpose and fix the
responsibility of various units for the work assigned.
2. It makes the process of communication easy. Everyone in the
organization knows from where the order and instructions will come
and who will report to whom.
3. It distributes authority and responsibility at various levels.
Consequently various decision making centres are created. It makes
the process of delegations of authority easier.
4. There is division of labour among the various units of organization
which bring the specialization among the members of organization
and increase the efficiency of organization.
5. It helps define each role inside the company in its relative position
and responsibilities.
6. In a hierarchical organization policy matters are decided at higher
level. The middle levels exercise control and supervision over lower
levels to ensure that they function to achieve the desired purpose
and lower levels perform the operational work
7. This Principle clearly specifies the authority and responsibility.

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 Consequently there is no conflict of jurisdiction among the member
of organization.
8. In a hierarchical organization every communication takes place
through proper channel. It keeps the members of organization
informed and saves time
9. Hierarchy facilitates detailed examination of papers and helps the
Chief Executive through the process of filter and funnel. Only the
essential information reaches the higher level while the non-essential
and unnecessary remain at lower levels. It saves the time of Chief
Executive.
10. Hierarchy enforces discipline in organization. Officials are duty
bound to follow the orders and directives of their immediate boss. It
keeps the organization disciplined.
8.1.4 DISADVANTAGES OF HIERARCHY
1. The Principal defects in the hierarchical organization are that is
causes considerable delay in the disposal of work. A file, proposal or
communication has to pass through all the channels. In this process,
it may cause delay of days weeks or even months.
2. It promotes superior- subordinate relationship among the members
of organization which is neither conducive for team work nor
development of dynamic human relationship among its members.
3. Confirm to rigid procedure and formalities involve red tape.
4. It promotes corruption as it involves delay in disposal of work.
5. It discourages the initiative and participation of lower participants in
the organization. They have to follow and carry out orders &
instructions of their superior in a mechanical manner.
Hierarchy occupies a central theme in the discussion on organisational
structure. Classical theorist emphasized the significance of hierarchy in
their writings on organization theory. This principle helps to fix the duties,
authority and responsibility of officials at different levels of organization.
However it has also been subject of criticism due to redtapism and delay
in the transaction of officials business. Newer modes of governance are
tried by organization by replacing hierarchical system to ensure
participative governance, team building and for development of better
human relations.

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8.2 SPAN OF CONTROL
Under this approach, supervisory range shows the amount of personnel
that can be efficiently managed and controlled by a single manager. In
accordance with this idea, a manager should be permitted to decide on
the number of staff. This choice may be made by selecting either a large
or a restricted range. There are two types of span of control:-
Wide span of control- It is one in which a manager can supervise and
control effectively a large group of persons at one time. The features of
this span are:-
i. Less overhead cost of supervision
ii. Prompt response from the employees
iii. Better communication
iv. Better supervision
v. Better co-ordination
vi. Suitable for repetitive jobs
According to this span, one manager can effectively and efficiently
handle a large number of subordinates at one time.
Narrow span of control - According to this span, the work and authority
is divided amongst many subordinates and a manager doesn't
supervises and control a very big group of people under him. The
manager according to a narrow span supervises a selected number of
employees at one time. The features are:-
i. Work which requires tight control and supervision, for example,
handicrafts, ivory work, etc. which requires craftsmanship, there
narrow span is more helpful.
ii. Co-ordination is difficult to be achieved.
iii. Communication gaps can come.
iv. Messages can be distorted.
v. Specialization work can be achieved.
8.2.1 FACTORS INFLUENCING SPAN OF CONTROL
Managerial abilities - In the concerns where managers are capable
qualified and experienced, wide span of control is always helpful.
Competence of subordinates - Where the subordinates are capable
and competent and their understanding levels are proper, the
subordinates tend to very frequently visit the superiors for solving their
problems. In such cases, the manager can handle large number of
employees. Hence wide span is suitable.

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Nature of work - If the work is of repetitive nature, wide span of
supervision is more helpful. On the other hand, if work requires mental
skill or craftsmanship, tight control and supervision is required in which
narrow span is more helpful.
Delegation of authority - When the work is delegated to lower levels in
an efficient and proper way, confusions are less and congeniality of the
environment can be maintained. In such cases, wide span of control is
suitable and the supervisors can manage and control large number of
sub- ordinates at one time.
Degree of decentralization - Decentralization is done in order to
achieve specialization in which authority is shared by many people and
managers at different levels. In such cases, a tall structure is helpful.
There are certain concerns where decentralization is done in very
effective way which results in direct and personal communication
between superiors and sub- ordinates and there the superiors can
manage large number of subordinates very easily. In such cases, wide
span again helps.
8.3 DELEGATION

A manager alone cannot perform all the tasks assigned to him. In order
to meet the targets, the manager should delegate authority. Delegation
of Authority means division of authority and powers downwards to the
subordinate. Delegation is about entrusting someone else to do parts of
your job. Delegation of authority can be defined as subdivision and sub-
allocation of powers to the subordinates in order to achieve effective
results.
8.3.1 ELEMENTS OF DELEGATION
1. Authority - in context of a business organization, authority can
be defined as the power and right of a person to use and allocate the
resources efficiently, to take decisions and to give orders so as to
achieve the organizational objectives. Authority must be well- defined.
All people who have the authority should know what is the scope of their
authority is and they shouldn’t misutilize it. Authority is the right to give
commands, orders and get the things done. The top level management
has greatest authority.
Authority always flows from top to bottom. It explains how a superior
gets work done from his subordinate by clearly explaining what is
expected of him and how he should go about it. Authority should be
accompanied with an equal amount of responsibility. Delegating the
authority to someone else doesn’t imply escaping from accountability.
Accountability still rest with the person having the utmost authority.

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2. Responsibility - is the duty of the person to complete the task
assigned to him. A person who is given the responsibility should ensure
that he accomplishes the tasks assigned to him. If the tasks for which he
was held responsible are not completed, then he should not give
explanations or excuses. Responsibility without adequate authority leads
to discontent and dissatisfaction among the person. Responsibility flows
from bottom to top. The middle level and lower level management holds
more responsibility. The person held responsible for a job is answerable
for it. If he performs the tasks assigned as expected, he is bound for
praises. While if he doesn’t accomplish tasks assigned as expected,
then also he is answerable for that.
3. Accountability - means giving explanations for any variance in
the actual performance from the expectations set. Accountability cannot
be delegated. For example, if ’A’ is given a task with sufficient authority,
and ’A’ delegates this task to B and asks him to ensure that task is done
well, responsibility rest with ’B’, but accountability still rest with ’A’. The
top level management is most accountable. Being accountable means
being innovative as the person will think beyond his scope of job.
Accountability, in short, means being answerable for the end result.
Accountability can’t be escaped. It arises from responsibility.
For achieving delegation, a manager has to work in a system and has to
perform following steps
1. Assignment of tasks and duties
2. Granting of authority
3. Creating responsibility and accountability
8.3.2 DELEGATION OF AUTHORITY
1. Assignment of Duties - The delegator first tries to define the task
and duties to the subordinate. He also has to define the result
expected from the subordinates. Clarity of duty as well as result
expected has to be the first step in delegation.
2. Granting of authority - Subdivision of authority takes place when a
superior divides and shares his authority with the subordinate. It is
for this reason; every subordinate should be given enough
independence to carry the task given to him by his superiors. The
managers at all levels delegate authority and power which is
attached to their job positions. The subdivision of powers is very
important to get effective results.

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3. Creating Responsibility and Accountability - The delegation
process does not end once powers are granted to the subordinates.
They at the same time have to be obligatory towards the duties
assigned to them. Responsibility is said to be the factor or obligation
of an individual to carry out his duties in best of his ability as per the
directions of superior. Responsibility is very important.
Therefore, it is that which gives effectiveness to authority. At the same
time, responsibility is absolute and cannot be shifted. Accountability, on
the others hand, is the obligation of the individual to carry out his duties
as per the standards of performance. Therefore, it is said that authority
is delegated, responsibility is created and accountability is imposed.
Accountability arises out of responsibility and responsibility arises out of
authority. Therefore, it becomes important that with every authority
position an equal and opposite responsibility should be attached.
Therefore every manager i.e., the delegator has to follow a system to
finish up the delegation process. Equally important is the delegate’s role
which means his responsibility and accountability is attached with the
authority over to here.
8.3.3 RELATIONSHIP BETWEEN AUTHORITY AND
RESPONSIBILITY
Authority is the legal right of person or superior to command his
subordinates while accountability is the obligation of individual to carry
out his duties as per standards of performance Authority flows from the
superiors to subordinates, in which orders and instructions are given to
subordinates to complete the task. It is only through authority, a
manager exercises control. In a way through exercising the control the
superior is demanding accountability from subordinates.
If the marketing manager directs the sales supervisor for 50 units of sale
to be undertaken in a month. If the above standards are not
accomplished, it is the marketing manager who will be accountable to
the chief executive officer. Therefore, we can say that authority flows
from top to bottom and responsibility flows from bottom to top.
Accountability is a result of responsibility and responsibility is result of
authority. Therefore, for every authority an equal accountability is
attached.

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8.3.4 DIFFERENCES BETWEEN AUTHORITY AND
RESPONSIBILITY

Authority Responsibility

It is the legal right of a person

It is the obligation of subordinate to
or a superior to command his
perform the work assigned to him.
subordinates.

Responsibility arises out of superior-

Authority is attached to the
subordinate relationship in which
position of a superior in
subordinate agrees to carry out duty
concern.
given to him.

Authority can be delegated

Responsibility cannot be shifted and
by a superior to a
is absolute
subordinate

It flows from top to bottom. It flows from bottom to top.

8.4 CENTRALIZATION AND DECENTRALIZATION

Centralization is said to be a process where the concentration of
decision making is in a few hands. All the important decision and actions
at the lower level, all subjects and actions at the lower level are subject
to the approval of top management. According to Allen, “Centralization”
is the systematic and consistent reservation of authority at central points
in the organization. The implication of centralization can be
1. Reservation of decision making power at top level.
2. Reservation of operating authority with the middle level managers.
3. Reservation of operation at lower level at the directions of the top
level.
Under centralization, the important and key decisions are taken by the
top management and the other levels are into implementations as per
the directions of top level. For example, in a business concern, the father
& son being the owners decide about the important matters and all the
rest of functions like product, finance, marketing, personnel, are carried

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out by the department heads and they have to act as per instruction and
orders of the two people. Therefore in this case, decision making power
remain in the hands of father &son. On the other hand, the systemic
delegation of powers at all management levels and in the whole
organisation is decentralisation. With regard to decentralisation, the top
management retains the right to take important decisions and to
formulate policies on the overall issue. A median and lower management
level can be transferred to the remaining authorities.
The degree of centralization and decentralisation depends on the
number of delegated authorities to the lowest."Decentralization refers to
the systematic task of delegating authority to the lower level save that
which is manageable and carried out at central locations, according to
Allen. Decentralization is not same with delegation. Indeed, the whole of
decentralisation is a delegation extension.
The trend of decentralisation is wider, with the authority at the lowest
management level being distributed. The delegation from one person to
another is a comprehensive procedure. While decentralisation is only
complete once full delegation has occurred. The general manager of an
enterprise, for example, shall receive the application for leave on behalf
of the whole business. This task is transferred by the general manager
to the staff manager, who now receives the leave applications. The
delegation of authority took occurred in this circumstance. In this case,
decentralisation took place on the request of the staff management
team, on the other hand, when the general manager delegated this
power to all department heads at all levels.
"All that increases the function of subordinates is decentralisation and
reduces the role is centralisation." There is a phrase. Decentralization is
broader and the duty of the subordinate in this scenario increases. On
the other hand, even the activities of their superior’s subordinates
remain the managers in the delegation responsible.
Implications of Decentralization
1. There are fewer burdens on the Chief Executive as in the case of
centralization.
2. In decentralization, the subordinates get a chance to decide and act
independently which develops skills and capabilities. This way the
organization is able to process reserve of talents in it.
3. In decentralization, diversification and horizontal can be easily
implanted.

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4. In decentralization, concern diversification of activities can place
effectively since there is more scope for creating new departments.
Therefore, diversification growth is of a degree.
5. In decentralization structure, operations can be coordinated at
divisional level which is not possible in the centralization set up.
6. In the case of decentralization structure, there is greater motivation
and morale of the employees since they get more independence to
act and decide.
7. In a decentralization structure, co-ordination to some extent is
difficult to maintain as there are lot many department divisions and
authority is delegated to maximum possible extent, i.e., to the bottom
most level delegation reaches. Centralization and decentralization
are the categories by which the pattern of authority relationships
became clear. The degree of centralization and de-centralization can
be affected by many factors like nature of operation, volume of
profits, number of departments, size of a concern, etc. The larger the
size of a concern, a decentralization set up is suitable in it.
8.5 SUPERVISION

‘Supervision’ comprises two words, namely ‘super’, that is, superior or

extra, and ‘vision’, that is, sight or perspective. The literal meaning of the
term ‘supervision’ is to ‘oversee’ or ‘to inspect the work of other persons’.
Thus, ‘supervision’ refers to an act by which any person inspects or
supervises the work of other people, that is, whether they are working
properly or not. In business organisations, there are ‘supervisors’ and
‘subordinates’. According to M. S. Vitoles, supervision refers to the
direct, immediate guidance and control of subordinates in the
performance of their jobs. Thus, the activity of supervision is concerned
with the direction, guidance, control and superintendence of the
subordinates. A supervisor performs these tasks. R. C. Allan has called
it a ‘responsibility job’, which is above ‘work job’. Supervision is direction,
guidance and control of working force with a view to see that they are
working according to plan and are keeping time schedule. Further, they
are getting all possible help in accomplishing their assigned work.
Supervision is a Latin Word. Super means ‘from the above’ and vision
means ‘to see’. In ordinary sense of the term, supervision means
overseeing the activities of others. In management supervision means
“Overseeing the subordinates at work with authority and with an aim to
guide the employees, if he is doing wrong.”Overseeing is to be done at
all levels of management from top to bottom; Lower-level management

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or first-line supervisors oversee the work of operative staff, while middle
and top management remain busy in overseeing the work of their
subordinate management members. But in the ordinary sense of the
word, supervision is concerned with directing and guiding non-
management members of the organisation.
8.5.1 KINDS OF SPAN OF SUPERVISION
(1) Selection of Ideal Span of Control a Difficult Task:
It is not easy to pick up an ideal span of control. It depends on a number
of considerations. However, it is not that difficult to evaluate the strong
and weak points of each type of supervision span to know what span of
supervision will be ideal for an organization.
(2) Wide Span of Supervision:

If a number of different and unrelated jobs are placed under a single

manager for supervision, it will indeed become too difficult for him to
manage and control all of them equally efficiently. He will face this
problem even if the jobs are of an identical nature.
(3) Functional Supervision:
F.W. Taylor, widely regarded as the father of Scientific Management,
introduced a new pattern of supervision. Functional supervision is based
on the assumption that a foreman cannot deal with all the technical
problems which come up in a day’s work.
So, Taylor divided the foreman’s job into a number of different functions
and provided a separate supervisor for each function. Thus, under
functional supervision, operating workers have five supervisors, four of
them being responsible for planning, and one “gang boss” to look after
execution.
In addition, there are clerks to look after the administrative work that
goes with the activity of production.
But functional supervision is beset with many problems. Because there
are several supervisors, each having authority over the same group of
subordinates and each supervisor holding them accountable for jobs
performed by them individually, misunderstandings among supervisor
are bound to crop up. There will also be differences among them as
regards job-specifications and timeline for completion of jobs.
(4) Line and Staff Supervision:
Under line and staff supervision, there is only one supervisor in charge
of a particular group of subordinates. But he is aided and advised by

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specialists (staff executives) in various fields. Staff executives do not
carry any authority and cannot give orders to subordinates, i.e.,
operative workers. They can only offer advice to line supervisors who
may or may not accept it.
This kind of supervision has a number of plus points. First, operative
workers are only accountable to a single supervisor, so there is no
multiplicity of command. Second, the line supervisor can benefit from the
expert advice of staff executives who are specialists in their respective
fields of work. Last, the supervisor, being the man on the spot, is under
no obligation to accept the advice offered by specialists.
But its main demerit is that it does not give due importance to specialists
who are given casual treatment.
(5) Supervision in ‘Tall and Narrow Structure’ of Organization:
In a tall and narrow structure of organization, there are too many links in
the chain of authority. This creates problems in respect of communi-
cation, decision-making and human relations. A lot of time is spent on
relaying messages which, in any case, may take long to reach the
subordinates concerned.
Multiplicity of levels also demoralizes supervisors because they have no
say in decision-making. Workers also do not view it with favour because
while they are denied recognition for good work done by them, they are
promptly held accountable for below-standard performance.
(6) Supervision in ‘Flat-Topped’ Structure of Organization:
This kind of organization is the best for ensuring balanced supervision.
Under it, the man at the top has a number of deputies, each of whom
looks after a particular activity or department. Such span of supervision
gives the organization chart a flattened or “spread out” appearance.
LET US SUM UP
A principle is a basic statement or a fundamental truth that provides
understanding and guidance to thinking and practice. Organisation
should facilitate the achievement of enterprise objectives in an efficient
way. An efficient organisation structure operates without wastage of
resources, allows maximum utilization of human resources, offers clear
lines of authority and responsibility and provides a means for personal
development.

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CHECK YOUR PROGRESS
1. Hierarchy creates pyramidal structure which Mooney and Reiley
calls the “___________”.
2. Newer modes of governance are tried by organization by replacing
hierarchical system to ensure ___________ governance.
3. According to span, one manager can effectively and efficiently
handle a large number of subordinates at _______ time.
4. ________ of authority can be defined as subdivision and allocation
of powers to the subordinates to achieve effective results.
GLOSSARY
Principle of authority : Subordinates must enjoy enough
authority to carry out work at lower levels.
Principle of scalar chain : A scalar chain refers to the unbroken
line of authority from the top level to the
bottom of an organisation.
Delegation : Decision-making power should be
placed nearer the scene of action.
Span of Control : A limit to which a manager can manage
effectively the number of subordinates.
ANSWER TO CHECK YOUR PROGRESS
1. Scalar Process.
2. Participative.
3. One.
4. Delegation.
MODEL QUESTIONS
1. Write about the principle of hierarchy or scalar principle.
2. Explain the principles of centralisation and decentralisation.
3. Discuss briefly the various principles of organization.
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

96
 Block IV
Administrative Organization

Unit - 9 Departments and Boards

Unit - 10 Public Corporations

Unit - 11 Independent Regulatory Commissions

97
UNIT 9

DEPARTMENTS AND BOARDS

STRUCTURE
Overview
Learning Objectives
9.1 Introduction
9.2 Types of Organisation
9.3 Bases of Departmentation
9.3.1 Functional Principle
9.3.2 Process Principle
9.3.3 Clientele Principle
9.3.4 Geographical Principle
9.4 Boards
9.4.1 Advantages of Board
9.4.2 Disadvantages of Board
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Organizational theory is the sociological study of formal social
organizations and their interrelationship with the environment in which
they operate. It complements the studies of organizational behavior and
human resource studies. In modern theory, an organization is defined as
a designed and structured process in which individuals interact for
objectives. The contemporary approach to the organization is
multidisciplinary, as many scientists from different fields have
contributed to its development, emphasizing the dynamic nature of
communication and importance of integration of individual and
organizational interests. In this unit, we will discuss about the
departments and boards.

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LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the classification of organisation.
 Know the bases of departmentation of organisation.
 Explain the merits and demerits of Boards and Departments.
9.1 INTRODUCTION

Organization refers to a collection of people, who are involved in

pursuing defined objectives. It can be understood as a social system
which comprises all formal human relationships. The organization
encompasses division of work among employees and alignment of tasks
towards the ultimate goal of the company. It can also be referred as the
second most important managerial function that coordinates the work of
employees, procures resources and combines the two, in pursuance of
company’s goals. Organization is a goal oriented process, which aims at
achieving them, through proper planning and coordination between
activities. It relies on the principle of division of work and set up authority
and responsibility relationship among the members of the organization.
9.2 TYPES OF ORGANISATIONS
1. Formal Organization Structure: The organization structure of
jobs and positions, with specified activities and relationships, is known
as formal organization structure. It is created by management, to attain
the objectives of the company.
Line Organization: Line organization is the oldest and simplest pattern
of organization, wherein the supervisor has outright supervision over the
subordinate. The flow of authority is from the top level executive to the
person at the lowest level of the organizations.

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Functional Organization: As the name suggests, functional
organization structure is one in which the thorough task of managing and
derestricting the employees, is grouped as per the functions or type of
work involved.

Line and Staff Organization: This type of organization structure is an

improvement over the traditional line organization. In line and staff
organization primary and supportive activities are related to the line of
supervision by appointing supervisor and specialist, who are linked to
line authority.

Project Management Organization: Project Organization is not an

independent organization, like the organization structure discussed
above. Instead it is a set up within an organization, so as to accomplish
a project or firm’s objectives. It is led by project manager, who is
responsible for project objectives.

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Matrix Organization: Matrix organization is the emerging structure of
the organization, which is a combination of functional organization and
project organization. In such an organization, the functional departments
such as production, accounting, marketing, human resource, etc.
constitute a vertical chain of command, while project division constitute
horizontal line of authority.
2. Informal Organization Structure: The relationship between the
employees, that relies on personal attitudes, prejudices and interests
rather than procedures. It is system of personal and social connection,
whose creation is not needed by formal organization. The organization
structure is a basic idea, which depends on the activity authority
relationship in the company. It is designed in such a way to realize
business objectives.
9.3 BASES OF DEPARTMENTATION
The line agency in its traditional form exists as
departments. Departments are the fundamental unit of administrative
organizations and carries out all the functions. There are different
shortcoming and problems associated with this structure as well but
before we dwell into that, we shall make an attempt to understand the
basic principles on which the organization of departments is based.
The organization of departments is based on four principles:
 The Functional Principle: When the administrative business if
organized on the basis of the nature of function or the purpose of the
work, then it is known as the financial principle. A simple example to
elaborate that would be the creation of a Department of Commerce
to regulate the trade and commerce within the country.
 The Process Principle: When the organization of business is done
on the basis of the process of the nature of nature of activity. This
principle is also called the Professional Principle, basically the
business transactions are carried out based on the target profession,
like the Law Department or the Health Department for legal and
medical activities of the government.
 Clientele or Commodity Principle: In this case the business of
organization is based on the set of people for whom its services are
meant for, or its clients. For e.g. the Department of Scheduled Casts
and Tribes.

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 Geographical Principle: As the name suggests, it has the
geographical area as its basis to determine the organization of
business.
The above mentioned principles are not the sole criteria for the basis of
organizations, aspects like traditions and history also play a role.
Generally, the governments look at a combination of one or more
principles and considerations to base the departments on. The most
relevant however has been the functional principle or the Scientific
Principle of Organization.
With increase in specialization of functions, it only makes sense to have
organizations based on them. Let us read about some of the features of
this principle:
 Specialization of functions and division of labor are two important
aspects.
 Economical and efficient administration with speedy decision making
 Expedient in approach.
 Concentration of the responsibility and power in the hands of single
individual usually the head thus ensuring appropriate accountability.
The departments are further divided into divisions which is the vertical
division based on the broader functions to be performed by the
department. The horizontal division is done for other specific activities to
be carried out under that division. The horizontal method of dividing the
work within the organization is preferred in comparison to the vertical
segregation. The arguments given for the same are:
 It helps achieve specialization and ensures the prevention of
duplicity of work.
 It makes delegation easy and therefore eases out the work load of
the Head of the Department.
 It also helps the HOD focus on supervision and control rather than
bothering about minor details thus saving his time and effort.
There are four different principles or bases on which a department is
organised. These principles are:
1. Functional Principle.
2. Process Principle.
3. Clientele Principle.
4. Geographical Principle.

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9.3.1 Functional Principle:
Where the department is organised on the basis of the nature of function
or purpose, it is said to have been organised on functional principle.
Examples of such departments are: Health, Human Resource
Development, Labour and Employment, Transport and Information and
Broadcasting, Community Development, Defence, Commerce and
Industry, etc.
Advantages:
The Haldane Committee Report 1919 in Britain summed up the
advantages of functional basis in the following words:“Upon what
principles are the functions of the Departments to be determined and
allocated? There appear to be only two alternatives which may be briefly
described as distribution according to persons or classes to be dealt
with, and distribution according to the services to be performed. Under
the former method each minister would be responsible to Parliament for
those activities of the government which would affect the sectional
interests of the particular class of persons, and there might be, for
example, a ministry for paupers, or a ministry for the unemployed. Now,
the inevitable outcome of this method of organization is a tendency to
Lilliputian administration. It is impossible that the specialized services
which each department has to render to the community can be of as
high a standard when its work is at the same time limited to a particular
class of persons and extended to every variety of provision for them, as
when the department concentrates itself on the provision of one
particular service only by whomsoever required, and looks beyond the
interests of comparatively small class.”
a. It will facilitate the performance of the given task because all the
administrative units concerned with the job are within the same
department and under the same direction.
b. It will eliminate the waste of time and energy which would occur if the
relevant units were scattered. It will thus be economical.
c. Responsibility for failure can be fixed, e.g., if there is no peace and
order in the country the Home Affairs Department can be held
responsible for it
d. It reduces overlapping and duplication of work the minimum.
Keeping in view these advantages, Hoover Commission commended
organisation by major purpose. It remarked, “The numerous agencies of
the executive branch must be grouped into departments as nearly as
possible by major purposes in order to give a coherent mission to each
department.”

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The Study Team of Administrative Reforms Commission (1966-1970)
called this principle as principle of rationality. According to the
Commission’s Report “The criterion of rationality is not applicable
everywhere but where it is the grouping of subjects according to this
principle can lead to the most effective type of coordination”
Defects:

(i) Function is an elastic term and can be interpreted too narrowly or too
broadly and the problem of striking the correct balance between the
two extremes becomes often difficult. Should health, education,
public welfare be treated as separate functions and organized into
separate departments, or should they be integrated into one
Department of Public Welfare. If the term function be interpreted too
broadly, perhaps the whole work of the government would appear to
be a single function, or if too narrow interpretation were placed on it,
every bureau or division might be given departmental status.
(ii) Subordinate type of work may be neglected or ignored, e.g., the
education department may not give the same importance to the
health of the children as the health department would.
(iii) It may lead to departmentalization. The departments exaggerate the
importance of their own work and are unable to see their department
as a part of the larger whole.
9.3.2 Process Principle:
The word 'process' denotes a more or less specialised method or
core talent, such as engineering, accountancy, stenography, legal
counsel, etc. Based on the technical skills associated with the work
performance, departments might be established. Thus there are
Department of Law, Department of Electronics, Department of Space
and Department of Ocean Development.’ Departmentalization according
to process brings together in a Department all those who have had
similar professional training or who make use of the same or similar skill
or equipment.
Advantages:
(i) It facilitates the maximum amount of specialization and the best
utilization of the up- to-date technical skill.
(ii) It secures economy by avoiding unnecessary duplication of
personnel and equipment which would result if every department
would maintain its technical services. Economy also results from the
extensive use of labour-saving machinery which can be used with

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 advantage only if there is adequate volume of work. Small and
widely scattered units cannot afford such costly equipment.
(iii) It facilitates uniformity and coordination, e.g., if all engineering
services are grouped together under one department, this would
bring about uniformity in budgeting, operational plans, coordination
and control.
(iv) It makes cost analysis and calculation of unit costs easier, and thus
furnishes necessary data for budgeting and accounting.
(v) The process system is most advantageous for the development of
career service.
Defects:
(i) It would make coordination difficult to achieve. Gulick has said that
failure in one process department affects the whole enterprise and a
failure to coordinate one process division may destroy the
effectiveness of all of the work that is being done.
(ii) Good administration is not simply a matter of skill in the various
technical processes. The government is concerned with the general
welfare of the community, and for that purpose, it has to look after
the economic, social and cultural interests. Much of the work of the
government has to be done, therefore, in the Social Welfare,
Economic, and Educational, Home department than in the
Engineering or Legal departments.
(iii) It attaches more importance to the means than to the ends. The
object of public welfare gets lost in the process principle.
(iv) It may lead to financial extravagance than to economy.
(v) It may create the attitude of professional arrogance and lead to inter-
departmental conflicts and rivalries.
9.3.3 Clientele Principle:
Some social groupings may have certain specific challenges that
demand the government's especial attention. When a department is set
up to address a specific problem of a community sector, clients or
individuals serviced are considered to be the foundation of such
department. The department so constituted deals with all the problems
of that particular section. Thus the Department for Scheduled Castes
and Tribes is a department organised on clientele basis. In the U.S.A.,
the Veterans’ Administration, the Office of Indian Affairs and the
Children’s Bureau are three good examples of clientele departments.

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Advantages:
(i) It greatly simplifies relationship of the groups concerned with the
administration, e.g., if there be a farmers’ department, the farmer
has to go to only one department to get any of his problems
solved. He will not have to go to different departments for seeds,
fertilizers, loan, cement, tube-wells, and tractors. All his needs will
be looked after by one department.
(ii) It facilitates the coordination of several services provided for the
beneficiary groups because such services are under the same
department.
(iii) The staffs of a clientele department develop the capacity to
understand and solve whole problems instead of dealing with them
in a fragmentary way.
(iv) It would develop behind the departments the support of the
pressure groups because all the people who derive benefit from
that department will belong to the same pressure group.
Defects:
(i) It is incapable of universal application. The number of people
served is vast and it will be difficult to divide them into groups or it
may create thousands of groups. This will produce a multiplicity of
departments. Haldane Committee therefore termed it ‘Lilliputian
administration’.
(ii) It would be a difficult job to clearly demarcate the jurisdiction of the
various departments because the interests of one group may
overlap those of others.
(iii) It militates against the principle of specialization. Being multi-
functional each department will deal with heterogeneous problems
of a group.
(iv) The pressure groups may make the department serve their own
demands at the cost of the interests of the other groups. The
vested interests may make the administrative reform difficult.
9.3.4 Geographical Principle:
Where the region or geographical area forms the basis for a
departmental organisation, it is referred to as a departmental
organisational geographical principle. The Department of Foreign Affairs
is therefore based on geography. Then, within the Foreign Affairs
department there are different territorial divisions, e.g., the European

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Division, the American Division, the South East Division, Near Eastern
Affairs, Far Eastern Affairs. Likewise the Ministry of Railways in India
has over ten territorial zones. Even the Zonal Councils were organised
on the basis of this principle.
Advantages:
(i) It facilitates the greater adaptation of policies to the needs of the
areas concerned.
(ii) It is conducive to a better expression of the needs and aspirations
of the people of various regions than any other.
(iii) It is the most suitable basis where long distance and the difficulties
of communication are involved, e.g., in the administration of
colonies by Imperial powers. The British Government had India
Office to deal with all the problems of Indian administration.
(iv) In large countries having vast stretch of land and difficult
communication, the territorial principle can be adopted for domestic
administrative organisation. It leads to better coordination and
more effective control over the services provided within the
geographical area.
T.V.A. in USA and D.V.C. in India are the illustrations based on the
recognition of this advantage. However, they are Corporations and not
Departments.
Defects:
(i) It stands in the way of uniformity of administration of national
policies. Different policies may have to be adopted for different
areas.
(ii) It encourages localism at the cost of nationalism.
(iii) It sets up multifunctional departments and thus militates against
the principle of specialization and division of labour.
(iv) It is likely to give birth to regional interests and pressure groups to
the detriment of the national interest.
9.4 BOARDS
We are at the next level of understanding departments within the
organizations. In the earlier article we understood about the line staff
and auxiliary agencies and the organization of business in departments
based on the four principles of finance, process, clientele and
geography. This article shall look at the distribution of authority within the
department.

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Based on the distribution of authority, there are two main systems
namely Bureau System and the Board or Commission system within
departments. When all the administrative authority is invested in a single
individual within the department then the system is Bureau. When a
plural body is vested with all the administrative power then the system is
known as Board or Commission. Now, the next obvious question that
comes into the mind is how to decide which system to use.
According to author Raj Kumar Pruthi, in his book Administrative
Organizations, there are conditions that determine the choice of
systems:
 If the department is to carry out work of administrative character, the
Bureau system is more appropriate. He further explains that for the
administrative functions the speedy decision making, unity of
command and promptness is required for efficient performance and it
can be achieved only when the responsibilities and power are
invested in a single individual.
 When the nature of work is such that a lot of discretion and care is to
be maintained with respect to information which affects a large
number of people, like the drafting of policies, rules and regulations,
the Board or Commission kind of system works best. Also, when an
organization has to perform both kinds of functions, then in such
cases as well, the Board systems works better. To sum up, for
services and functions that require collective intelligence, holistic
view points, mature decision making, a Board system works well as
there are more members to arrive at balanced decisions.
The Board or Commission system is followed under following conditions:
 Organizations that perform quasi-judicial and quasi- legislative
functions like the Railway Board of the Government of India
 Organizations which exercise large discretionary powers to perform
their duties like the Public Service Commission
 Organizations which need representation from different groups to be
able to function objectively like the Arbitration Board of Industrial
Dispute
 In countries like USA, where representation of the opposition party is
also included. The e.g. is the Tariff Commission of the USA
There has been a lot of debate amongst the scholars regarding whether
the public organizations and their structures inherently differ from those
of private organizations. Some support the argument saying that it does

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and some say that through the difference is there but it is only in the
presence of red tapes in the public organizations. Those who oppose the
statement argue that, the public organizations are very different from the
private organization in terms of lack of flexibility, excessive government
control, lack of clear performance indicators like profit and loss and a lot
of emphasis on rules and hierarchy. Some researchers like Pugh,
Hickson and Hinnings pointed out that the size of the organization and
technological developments are other important determinants of the
structures and hierarchy of any organization.
9.4.1 Advantages of Board
The board type is considered appropriate in the following cases:
(i) Where the duties are of a quasi-legislative or quasi-judicial
character
(ii) Where the duties call for the exercise of wide discretionary powers
or are of a general control character
(iii) Where it is desirable to have a number of different interests
represented
(iv) Where the administration is required to be saved from any kind of
external pressures and
(v) Where the policies and techniques are not yet fully settled and
deliberations are necessary to discover the right course of action.
L.D. White favours a Board or Commission type:
(i) If the discovery and formulation of policy is desired;
(ii) If it involves the exercise of wide discretionary or controlling
powers affecting important private interests of property or powers;
(iii) If the exercise of coercive power in controversial areas is desired;
and
(iv) If the protection of administrative integrity against hostile outside
pressure is vital.
9.4.2 Disadvantages of Board

The disadvantages of the Board type are the following:

(i) It leads to disintegration and lack of responsible directorship. When
many persons head a department, there cannot be any unity of
command.

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(ii) When many persons work collectively, individual responsibility
cannot be fixed. Everybody’s responsibility is nobody’s
responsibility.
(iii) The board decisions are generally compromise decisions among
different interests. The compromise decisions are not always
rational. It may be a compromise among the selfish interests of all
the members.
(iv) It leads to delay in action. It cannot act promptly. Time is lost in
consultation and discussion.
(v) It may lead to party politics among the employees.
(vi) Dissensions and lack of team spirit among the Board members
may lead to indiscipline in the organisation.
(vii) The board is generally constituted of mediocre personnel or is
packed with safe individuals.
Alexander Hamilton states, “Boards partake of a part of the
inconvenience of larger assemblies. Their decisions are slower, their
energy less, their responsibility more diffused. They will not have the
same abilities and knowledge as an administration by a single man. Men
of the first pretensions will not so readily engage in them; because they
will be less conspicuous, of less importance, have less opportunity of
distinguishing themselves. The members of Boards will take less pains
to inform themselves and arrive to eminence because they have fewer
motives to do it.”
LET US SUM UP

In a general way it may be said that where the services do purely

administrative work, the bureau type of organisation should be adopted,
but if they do purely semi-judicial or semi-legislative work the board type
would be better. In point of fact, however, the problem is not as simple
as it appears to be because there are a number of branches of
administration where the duties to be performed fall in both fields, for
example, the Police, Education and Public Health departments. These
departments are concerned not only with purely administrative work but
some authority to make rules and regulations is also delegated to them
by the legislature. In such services a mixed system of bureau and board
type should be followed. For example, in the Education Department the
law may provide for a Board of Education as well as for a Director of
Public Instruction.

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CHECK YOUR PROGRESS
1. The organization structure of jobs and positions, with specified
activities and relationships, is known as _________ organization.
2. _______ organization is the oldest organization, wherein the
supervisor has outright supervision over the subordinate.
3. Where the department is organised on the basis of the nature of
function or purpose, it is said to be ________ principle.
4. _________ brings together all those who have similar professional
training or who make use of the same or similar skill or equipment.
GLOSSARY
Departments : a division of a large organization such as a
government, university, or business, dealing with
a specific area of activity.
Boards : When a plural body is vested with all the
administrative power then the system is known as
Board or Commission.
Bureau : a department for transacting particular business.
ANSWER TO CHECK YOUR PROGRESS

1. Formal.
2. Line.
3. Functional.
4. Departmentalization.
MODEL QUESTIONS
1. Explain the different types of organisation.
2. Write about the department type of organisation.
3. Write about the board type of Organisation.
4. Explain the principles in department type of organisation.
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

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UNIT 10

PUBLIC CORPORATIONS
STRUCTURE
Overview
Learning Objectives
10.1 Introduction
10.2 Meaning of Public Corporations
10.3 Definitions of Public Corporations
10.4 Characteristics of Public Corporations
10.5 Features of Public Corporations
10.6 Advantages of Public Corporations
10.7 Limitations of Public Corporations
10.8 Administrative Reforms Commission Recommendations
10.9 Issues of Internal Autonomy
10.10 Parliamentary Control
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Public Corporation is a hybrid organism having features of both
government departments as well as of a business company and is
created through the statute of legislature. It runs the service on behalf of
the government but as an independent legal entity with funds of its own
and largely autonomous in management. It possesses independent
corporate personality and is a body corporate having perpetual
succession and a common seal. There is no regular form and no
specialised function of a public corporation. Since public corporation is
created by or under statute hence it falls under the definition of “State”
and is subject to WRIT jurisdiction.

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LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the public corporation type of organisation.
 Know about the features of public corporations.
 Analyse the merits and limitations of public corporations.
10.1 INTRODUCTION

The public corporation can be divided broadly into four categories:

firstly, Commercial Corporation: these kind of corporation indulges itself
and carries on commercial and industrial activities for instance State
Trading Corporation, Air India, and so on. Secondly, Development
Corporation, it encourages national progress by undertaking
development work in country for instance Damodar Valley Corporation,
National Research Development Corporation and so on. Thirdly, Social
Service Corporation these corporations are created to provide certain
basic and essential requirement (for e.g. electricity, transport, etc.) to the
people in general economically and efficiently and earning profits isn’t
the prime objective for instance Hospital Board, Employees State
insurance Corporation and so on and lastly the Financial
Corporation these body indulges itself in advancing loans and taking
deposit on some terms which will be agreed upon during the time the
best example of this is State Bank of India, Reserve Bank of India and
so on.
The liability of Public corporation can be divided into 3 categories i.e. in
case of contract, tort and crimes. In case of contract it can enter into
contract and has the capacity to sue and be sued and can only do those
acts which are authorized expressly by the statue. Those acts which are
not expressly or impliedly authorized will be considered ultra vires.
Whereas in case of tort it will be held liable for acts committed by its
servant or say its employees during the course of employment provided
that the act is within the power of Corporation and actionable if
committed by private individual and finally in case of crime it may also
incur liability for offences committed by its servant and employees but
the punishment in any case cannot be death sentence or life
imprisonment and it cannot also be held liable for an offence which can
only be committed by natural person for say bigamy.

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10.2 MEANING OF PUBLIC CORPORATION
Public Corporation is a body corporate created by an Act of Parliament
or Legislature. Its name is notified in the official gazette of the Central or
State Government. It is an artificial person with the flexibility of the
private sector and the powers of the government. They are set up with
the objective of carrying out a specific type of commercial activity. The
powers and functions of public corporations are well defined and they
are financially independent. These organizations are formed for
administering nationalized industries or undertakings. Many service
organizations of the government are set up in the form of corporations.
Examples of Public Corporation:
LIC, Food Corporation of India (FCI), ONGC, Air India, Indian Airlines,
State Bank of India, Reserve Bank of India, Employees State Insurance
Corporation, Central Warehousing Corporation, Damodhar Valley
Corporation, National Textile Corporation, Industrial Finance Corporation
of India (IFCI), Unit Trust of India (UTI), Tourism Corporation of India,
Minerals and Metals Trading Corporation (MMTC) etc are some of the
examples of Public Corporations.
10.3 DEFINITIONS OF PUBLIC CORPORATION
In the words of Prof. Robson, “It is to be found in one form or another in
many different countries all over the world. Public authorities enjoying
various degrees of autonomy have existed for centuries; but the public
corporation of today has special characteristics which distinguish it from
older bodies. It was specially devised as an organ of public enterprise
and it has become the chosen instrument for this purpose in many
lands.”
10.4 CHARACTERISTICS OF PUBLIC CORPORATIONS

Public corporations have certain basic differences with departmental

managements. These differences have given a separate entity to public
corporations.
Some of the salient features of public corporations are discussed
below:
1. Public corporations can sue and also be sued in the courts of law and
thus have their own name and legal personality.
2. It is created by an Act of Parliament which also defines the scope of
its activities. It also defines the powers, privileges and immunities of its
members.

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3. Public corporation is wholly owned by the government and the entire
equity capital is held in the name of the government.
4. The corporations usually have considerable autonomy in shaping their
policies. These have also sufficient financial independence. But at the
same time general principles and policies are laid down and decided by
the government.
5. The management of the corporation is appointed by the government.
Generally, a Board is nominated to manage public corporations.
6. Public corporation is generally not subject to budgetary accounting
and audit controls applicable to government department.
7. The objective of public corporation is to provide goods and services to
the people at reasonable prices.
10.5 FEATURES OF PUBLIC CORPORATION
Following are the salient features of a public corporation:
(i) Special Statute:

A public corporation is created by a special Act of the Parliament or the

State Legislature. The Act defines its powers, objectives, functions and
relations with the ministry and the Parliament (or State Legislature).
(ii) Separate Legal Entity:
A public corporation is a separate legal entity with perpetual succession
and common seal. It has an existence, independent of the Government.
It can own properly; can make contracts and file suits, in its own name.
(iii) Capital provided by the Government:
The capital of a public corporation is provided by the Government or by
agencies controlled by the government. However, many public
corporations have also begun to raise money from the capital market.
(iv) Financial Autonomy:

A public corporation enjoys financial autonomy. It prepares its own

budget; and has authority to retain and utilize its earnings for its
business.
(v) Management by Board of Directors:
Its management is vested in a Board of Directors, appointed or
nominated by the Government. But there is no Governmental
interference in the day-to-day working of the corporation.

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(vi) Own Staff:
A publication corporation has its own staff; whose appointment,
remuneration and service conditions are decided by the corporation
itself.
(vii) Service Motive:
The main objective of a public corporation is service-motive; though it is
expected to the self-supporting and earn reasonable profits.
(viii) Public Accountability:
A public corporation has to submit its annual report on its working. Its
accounts are audited by the Comptroller and Auditor General of India.
Annual report and audited accounts of a public corporation are
presented to the Parliament or State Legislatures, which is entitled to
discuss these.
10.6 ADVANTAGES OF PUBLIC CORPORATION
Following are the advantages of a public corporation:
(i) Bold Management due to Operational Autonomy:
A public corporation enjoys internal operational autonomy; as it is free
from Governmental control. It can, therefore, run in a business like
manner. Management can take bold decisions involving experimentation
in its lines of activities, taking advantage of business situations.
(ii) Legislative Control:

Affairs of a public corporation are subject to scrutiny by Committees of

Parliament or State Legislature. The Press also keeps a watchful eye on
the working of a public corporation. This keeps a check on the unhealthy
practices on the part of the management of the public corporation.
(iii) Qualified and Contented Staff:
Public corporation offers attractive service conditions to its staff. As such
it is able to attract qualified staff. Because of qualified and contented
staff, industrial relations problems are not much severe. Staff has a
motivation to work hard for the corporation.
(iv) Tailor-Made Statute:
The special Act, by which a public corporation is created, can be tailor-
made to meet the specific needs of the public corporation; so that the
corporation can function in the best manner to achieve its objectives.

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(v) Not Affected by Political Changes:
Being a distinct legal entity, a public corporation is not much affected by
political changes. It can maintain continuity of policy and operations.
(vi) Lesser Likelihood of Exploitation:
The Board of Directors of a public corporation consists of
representatives of various interest groups like labour, consumers etc.
nominated by the Government. As such, there is lesser likelihood of
exploitation of any class of society, by the public corporation.
(vii) Reasonable Pricing Policy:

A public corporation follows a reasonable pricing policy, based on cost-

benefit analysis. Hence, public are generally satisfied with the provision
of goods and services, by the public corporation.
10.7 LIMITATIONS OF PUBLIC CORPORATION
A public corporation suffers from the following limitations:
(i) Autonomy and Flexibility, Only in Theory:

Autonomy and flexibility advantages of a public corporation exist only in

theory. In practice, there is a lot of interference in the working of a public
corporation by ministers, government officers and other politicians.
(ii) Misuse of Monopolistic Power:
Public corporations often enjoy monopoly in their field of operation. As
such, on the one hand they are indifferent to consumer needs and
problems; and on the other hand, often do not hesitate to exploit
consumers.
(iii) Rigid Constitution:

The constitution of a public corporation is very rigid. It cannot be

changed, without amending the Statute of its formation. Hence, a public
corporation could not be flexible in its operations.
(iv) Low Managerial Efficiency:
Quite often civil servants, who do not possess management knowledge
and skills, are appointed by the government on the Board of Directors, of
a public corporation. As such, managerial efficiency of public corporation
is not as much as found in private business enterprises.

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(v) Problem of Passing a Special Act:
A public corporation cannot be formed without passing a special Act;
which is a time consuming and difficult process. Hence, the scope for
setting up public corporations is very restricted.
(vi) Clash of Divergent Interests:
In the Board of Directors of public corporation, conflicts may arise
among representatives of different groups. Such clashes tell upon the
efficient functioning of the corporation and may hamper its growth.
Some of the important public corporation established by the Union
government is:
(1) Reserve Bank of India (1935)
(2) Damodar Valley Corporation (1948)
(3) Industrial Finance Corporation of India (1948)
(4) Indian Airlines Corporation (1953)
(5) Air India International (1953)
(6) State Bank of India (1955)
(7) Life Insurance Corporation of India (1956)
(8) Central Warehousing Corporation (1957)
(9) Oil and Natural Gas Commission (1959)
(10) Food Corporation of India (1964)
Some of the important public corporations established by state
governments are:
(1) State Financial Corporations
(2) State Road Transport Corporations
(3) State Land Mortgage Banks
(4) State Electricity Boards
A public corporation is wholly owned by state, that is, its entire capital is
provided by the government. It is created by a special law of legislature
which may be enacted by Central or state governments. This special
statute defines its objectives, powers, duties and privileges and also
prescribes the form of management and its relationship to the
government departments as a corporate body. It is generally
autonomously financed with the exception of allotments to give capital or
to cover misfortunes. It acquires its assets from getting which might be

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from the depository or from the general population and from incomes got
from the offer of its labor and products. It is approved to utilize and reuse
its incomes.
The public enterprise are for the most part absolved from administrative
and prohibitory resolutions pertinent to the consumption of public assets
and are not liable to spending plan, bookkeeping and review systems
which are appropriate to non-corporate offices. The representatives of
corporate bodies are not government workers. They are enlisted and
compensated under agreements which are controlled by the actual
partnership. All the more altogether enterprise appreciates practical
independence and isn't liable to coordinate control of the top of the office
in its typical activities. Aside from the proper strategy bearings gave to it
by a pastor, it is directed by the resolution which made it. It is overseen
by a directorate selected by the public authority. One of the chiefs is
selected to work as the director of the board.
A public company type of association works with independence in its
everyday administration and gives independence from political impacts
and sectarian contemplations. It accommodates a sound blend of
business effectiveness of a private venture with public responsibility of
an administration office and gives independence from unsatisfactory
principles, guidelines and controls of the public authority. The
organization design works with a serious level of monetary adaptability
and individual versatility and fills in as an important instrument for social
control of financial life. Yet, the pundits keep up with that it is intrinsically
unbending and inappropriate to meet the necessities of changing
occasions in light of the fact that the progressions in its design or system
can be influenced exclusively by a legal alteration. This reality brings
about the issues of accommodating managerial independence with
public accountability.
Normally this doesn't work with clear differentiation between the "matters
of strategy" and "matters of everyday organization". The organizations
place critical political force in the possession of a little unrepresentative
and a self-sustaining bunch which controls and oversees it. In real
practice they don't work with adaptability and independence in both
monetary and regulatory angles. The services in India view the
enterprise as their wings or branches and issue requests and headings
comparably. The Estimates Committees (Second LokSabha) in its 80th
report saw that no clear cut standards had been continued in deciding
the type of association of public endeavours.

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The board proposed that completely possessed government endeavors
ought to customarily be coordinated as legal corporations. The
departmental administration was found advocated for extraordinary
reasons like protection, key or security needs or for motivations behind
financial control and the organization structure ought to have been an
exemption for associations of explicit nature. The Krishna Menon
Committee Report on State Undertakings in India tracked down the
more fragile side of enterprise structure in the departmental techniques
for acquisition of crude materials and offer of items. Their long-lasting
staffs have been liable to rules and guidelines appropriate to
government workers. Putting of money receipts into government account
has brought about late methods of masterminding assets, and assents
for consumption.
The procedure for bookkeeping and review has been awkward and late.
Still the public company as a hierarchical gadget for the organization of
public undertakings, has won recognition both in India and abroad. In
Britain, the majority of the nationalized ventures like British Broadcasting
Corporation, British Overseas Airways Corporation, Overseas Food
Corporation, and so on, have been coordinated as open companies.
Nations like France, Canada, Italy, and the United States have
additionally embraced this type of association for their public
undertakings. Free India has followed this pattern. The Damodar Valley
Corporation, Indian Airlines Corporation, Air India, Life Insurance
Corporation, Central Warehousing Corporation, Food Corporation of
India, Industrial Finance Corporation, and so forth, are the notable
models in point. Likewise, state governments have set up their own
organizations, the most significant of which are the power board and the
state streets transport partnership. The Public Corporations structure IS
satisfactory to all ideological groups, directly just as left, as fitting
instruments for working broadly claimed endeavours.
The Study Team on Public Sector Undertakings of ARC inspected the
whole issue top to bottom and noticed: "The departmental structure is
one that is for the most part respected reasonable just for undertakings
that offer types of assistance influencing the entirety of the local area.
The endeavours that require a serious level of opportunity, intensity and
undertaking in administration should be liberated from the
circumspection and lumbering, tedious and vexatious systems of
departmental organization. Both the organization structure and the
Public Corporation structure can accommodate this flexibility and
independence. It isn't, subsequently, conceivable to endorse one of
these structures as relevant for a wide range of endeavours and under

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all conditions. Therefore, we propose that the public authority embrace
the public organization structure as the overall guideline for modern and
business endeavours in the Indian public area."
10.8 ADMINISTRATIVE REFORMS COMMISSION
RECOMMENDATIONS
The administrative reforms commission itself in its report of 1968
recommended that:
(1) Undertakings which are overwhelmingly exchanging concerns or
spaces of business may have the organization type of association.
(2) Development organizations ought to, be run as legal enterprises or
as departmental undertakings.
(3) Statutory partnerships ought to be taken on in the mechanical and
assembling fields.
(4) An administration organization type of association might be
embraced for undertakings to empower private investment.
The public authority's choice on these suggestions was: "For specific
undertakings giving public utilities which are essentially planned to foster
the fundamental foundation offices, the legal partnership type of the
board might be best. For different endeavors remembering those
working for the monopolistic field however where the business angle is
dominating, the current type of an organization might permit greater
adaptability. The public authority, along these lines, doesn't consider that
this type of legal enterprise ought to overall be taken on for public
enterprises". The public authority has consequently chosen to proceed
with its previous arrangement of supporting the organization type of
association for state endeavors.
10.9 THE ISSUE OF INTERNAL AUTONOMY:

The independence of public enterprise raised an incredible discussion

about their interior working and outer connection with the clergymen and
the Parliament. The interior independence was stated in:
(1) Policy matters,
(2) Day-to-day schedule activities,
(3) Personnel strategies and administration conditions, and
(4) Commercial review.
Also, ecclesiastical control was opposed and restricted forces of the
concerned pastor were slowly acknowledged. The public authority has

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the power to outline rules and guidelines to work with the working of
these undertakings. It can endorse structures, set down methodology
and even recommend the exercises to be attempted.
The public authority stands engaged to delegate the administrator and
individuals from the leading group of the executives and the overseeing
chief. What's more, it holds the force of endorsement of arrangement to
posts conveying compensations over a specific breaking point. The
public authority can organize enquiries into the working of a corporation.
The government can eliminate from office any individual from the
administration board under specific conditions. The public authority can
supercede a board if a specific leading group of the executives neglects
to complete the reasons for which it was made or then again on the off
chance that it neglects to do the orders gave by the public authority.
Additionally the force of giving directives is the main force which is
practiced by a pastor. A sub-condition of a similar statement sets out
that, if any debate emerges between the Central government and the
organization, the choice of the Central government will be conclusive
and binding. The monetary forces of the pastor were limited to guidance,
authorize and earlier endorsement. Priests are approved to delegate a
monetary consultant on the overseeing leading body of a corporation.
Such guide can practice a kind of blackball over influencing use and the
monetary arrangement of the public authority. The approval of the public
authority is important to authorize capital use over a specific sum, and
for issue associated with borrowings, ventures, protections,
dissemination of benefits, and so on.
The endorsement of the public authority is needed with regards to the
structures for keeping up with the records of the venture and for their
review. Generally, the review of records is finished by the inspectors
named by the public authority. The public authority likewise controls the
obsession of costs of merchandise delivered by the ventures just as the
quantum and pace of instalment for administrations rendered. The
connection among priests and public endeavors has not worked without
a hitch. The priests as a rule issue clear mandates recorded as a hard
copy as they should do and assume liability for such orders before the
Parliament. They have additionally decided to rely on impact and secure
consistence of their desires through casual means like arrangement of
authorities and non-authorities as director and individuals from
administering sheets; assigning serving government officials to leader
posts in open endeavors.

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10.10 THE PARLIAMENTARY CONTROL:
The parliamentary power over open endeavor has been unsystematic,
random and ineffectual. It works through the instrumentalities of:
(a) Question hour
(b) Adjournment movements
(C) Parliamentary discussions
(d) Discussions on reports
(e) Parliamentary advisory groups particularly the CPU.
LET US SUM UP

Public corporate law is related to contract and commercial law and deals
with the operations and formation of a corporation. A corporation is a
separate legal entity that's created through the state laws in which it was
incorporated. It's treated as a legal person that has the ability to sue and
be sued, definitively distinct from its shareholders. Registration laws
require all corporations that incorporate in foreign states to request
permission to do in-state business. A public purpose corporation is a
company that's been formed and chartered by the state to fulfil a
government function. It may also be referred to as a public benefit
corporation. Some states will define a public purpose corporation as a
charitable corporation or a non profits, even if it's created with private
funds.
CHECK YOUR PROGRESS
1. The public corporation can be divided broadly into ____ categories.
2. Public Corporation is a corporate body created by an Act of
__________ or Legislature.
3. The ________ of a public corporation is provided by the
Government or by agencies controlled by the government.
4. A public corporation accounts are audited by the
_________________ of India.
GLOSSARY

Act of Parliament : A bill is the draft of a legislative proposal, which,

when passed by both houses of Parliament and
assented to by the President, becomes an act of
Parliament.
Public Corporations : A public corporation is that form of public
enterprise which is created as an autonomous
unit, by a special Act of the Parliament.

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Statute : A written law passed by a legislative body.
ANSWER TO CHECK YOUR PROGRESS
1. Four.
2. Parliament.
3. Capital.
4. Comptroller and Auditor General.
MODEL QUESTIONS
1. Explain the meaning and features of public corporations.
2. Analyse the various merits and demerits of public corporations.
3. Write an essay on the issues related to public corporations in India.
4. Describe the various recommendations of ARC towards public
corporations in India.
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

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UNIT 11

INDEPENDENT REGULATORY COMMISSIONS

STRUCTURE
Overview
Learning Objectives
11.1 Introduction
11.2 Nature of Regulation
11.3 Regulatory Commissions in India
11.4 Independent Regulatory Commissions in USA
11.4.1 Features of Independent Regulatory
Commissions
11.4.2 Functions of Independent Regulatory
Commissions
11.4.3 Advantages & Disadvantages of Independent
Regulatory Commissions
11.5 Problem Areas
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

Regulation by government has always been directly controlled through

its own departments or agencies. A distinct kind of regulatory systems
has emerged in the last century as the independent regulatory agencies.
These agencies differ from the traditional regulatory structure, because
they are detached from the government executive wing and are
autonomous to a certain degree. In the United States the notion of
separate rules was born. Many Federal Agencies were established up in
Congress Acts on the fundamental assumption of creating these
agencies that a market-based economy should be controlled to ensure
that everyone is equitable and that the wider public and national interest
should be guaranteed.

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LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the concept of regulation.
 Discuss the different regulatory authorities in India.
 Know the features of independent regulatory commissions.
11.1 INTRODUCTION

Today, we see public-private partnership in almost all sectors of the

economy. This is primarily because of the need for financial and skillful
manpower resources. Government has now to provide the citizens with
a choice friendly market and also incorporate reforms to effectively
regulate the performance and quality of services being provided by the
private sector. This Unit will now discuss about the regulatory
commissions in India. Also it will discuss the three regulatory authorities
later in the sections.
11.2 NATURE OF REGULATION

Delicensing of industries, permissible private entry in to the public

sectors, liberalization of taxes and tax holidays to privately owned firms
and corporate marked the coexistence of public and private sectors in
the Indian economy since the late eighties. In order to ensure a level
playing field and to safeguard public interest, the policy makers
formalized the incorporation of three types of regulations:
1) Economic Regulation: These are regulations targeting
economic or market failures; rules that proscribe and punish market
distorting behavior. The Foreign Trade (Development and Regulation)
Act, 1992 enables the Director General or any other officer authorized
for the purpose to suspend and cancel the importer-exporter code
number and the certificate/ license to import and export, if the person
has contravened any of the provisions of the Act. The firms may resort to
anti-competitive practices, by charging a price more than the assigned,
product hoarding, and abuse of dominant or monopoly power.
Legislations have been enacted that empower authorities to prevent
such practices. Thus, regulation through a set of transparent, consistent,
and non-discriminatory rules can create a competitive and dynamic
environment that can prevent negative practices by market players.
2) Regulation in Public Interest: Some of the major regulations
pertain to ensuring affordable pricing, transparent public distribution
system, free distribution of potable water, and free power supply to
agriculture, free schooling, free health system, etc.

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3) Environmental Regulation: The protection of environment is an
imperative for the society, as a clean and healthy environment enables
economic and social development. Good health of the soil, forests,
mineral resources, water resources, mountainous areas, flora, and fauna
are markers of a healthy future for Mother Earth and her weather and
climate. The Environmental Protection Act, 1986 lays down standards of
economic and social responsibilities of doing business in India and that
are to be upheld by the business community. Furthermore, the initiatives
taken up by Ministry of Environment, Central and State Pollution Control
Boards, and National Green Tribunal act, as a deterrent to the misuse of
green environment and entails punitive actions.
11.3 REGULATORY COMMISSIONS IN INDIA

Other elements that have favoured autonomous regulation development

have been more complicated and technological advances necessary to
deal with difficulties by specialists; in particular areas, a policy of political
involvement serves the public interest best through isolated decision-
making. In India the government removed numerous activities, which
had until now been monopolised, as the process of economic
liberalisation began in the early 1990s. The introduction into the
business sector required specific steps to enhance the competence of
investors and to protect the public interest. The creation of independent
regulators was one such step.
Moreover, the conventional government department structure was less
suitable for the dual duty of policy makers and regulating the sector
concerned, especially because there were public sector units in many
sectors competing with corporate organizations. The foregoing factors
have led to the establishment in the power, telecommunications,
financial, insurance, etc. of numerous independent statutory regulatory
bodies. The roles of self-regulatory bodies may be: (i) professional
educational matters: curricular development, establishment of teaching
standards, institutional infrastructure, degree recognition and so on; and
(ii) problems relating to licensure and practitioners' ethical behavior.
With the coming of liberalization, privatization, and globalization, the
New Economic Policy liberalized the economy for entry of private
companies including the international and multi-nationals ones in public
sectors. Telecom, power distribution, pension, food, construction of
highways and toll roads, and such others were opened for investment of
the private players. This brought in the concept of regulation. Regulation
refers to a rule or order issued by an executive authority or regulatory
agency of a government and having the force of law. Regulation entails

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rules covering all activities both private and public in nature. Regulation,
thus, is an attempt to control and monitor private behavior in a desired
direction with the implications of certain rules and regulations. These
were the public private projects that operated under build, own, operate
model (BOO); and build, own, operate, transfer mode (BOOT).
Regulatory mechanism ascertains economic efficiency, as the
government can Regulatory Commissions now ensure and monitor that
the private sector companies adhere to the guidelines and standards laid
down by the regulating agency, thereby prohibiting monopolistic,
restrictive, and unfair trade practices; provide citizens with a choice
friendly market, and finally, promote effective and efficient utilization of
resources and modernization of services. These objectives are in tune
with Article 39 (c) of the Indian Constitution, which states the detriment
of the common wealth and means of production is not the outcome of
the functioning of an economic system.
On the whole, regulatory commissions were set up with the underlying
objectives.
1) Safeguard the consumer interest by securing quality and reliable
facilities at affordable prices.
2) Arrive at a negotiation, as conflict resolution mechanism, among
various stakeholders involved.
3) Foster competition, plurality, and investment.
4) Strike equilibrium in meeting the social welfare objectives based on
viability of funds.
11.4 INDEPENDENT REGULATORY COMMISSIONS IN USA
They are posterity of the division of force and the Congress' significant
doubt of the forces of the United States Presidency. Because of the
expanding industrialization and advancement of the country in the
nineteenth century, when the state thought of it as vital for control private
monetary action, obviously such commissions were important. At
present, there are eleven such commissions in the Federal Government
of U.S.A., which are as follows:
(i) The Inter-State Commerce Commission, 1887.
(ii) The Board of the Governors of the Federal Reserve System, 1913.
(iii) The Federal Trade Commission, 1914.
(iv) The Federal Communications Commission, 1934.
(v) The Federal Power Commission, 1930.

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(vi) The Securities and Exchange Commission, 1934.
(vii) The National Labour Relations Board, 1935.
(viii) The United States Maritime Commission, 1936.
(ix) The Civil Aeronautics Board, 1938 and 1940.
(x) The Nuclear Regulatory Commission.
(xi) The Consumer Product Safety Commission.
11.4.1 FEATURES OF INDEPENDENT REGULATORY
COMMISSIONS
1. The roles of the boards must be administrative, quasi-legislative
and quasi-judicial in a hybrid character. They establish rules and
regulations implement those policies and hear appeals against
judgments of their own. Their diverse functions have caused them
to be termed the "fourth part of the government" since they do not
match any of the three conventional branches of government,
legislature, executive or legal.
2. These committees are made up of specialists and are rather tiny.
3. The Chief Executive, i.e. the Chairman, is largely autonomous from
the CEO. They're not accountable to him or notify him. Their
constitution and functions are established up under a legislation
approved by Congress.
Though the members are appointed by the President with the approval
of the Senate, they are not answerable to him. The overlapping or
staggered terms of the members strengthen the independence of the
members from the President all the more. Though appointed by the
President, the latter cannot remove the members except on grounds
specified in the statute creating the commission. The position was
established in Humphrey’s executor’s case. They are in reality beyond
the scope of the President's departmental organization and correctly
referred to in the American administration as the "Islands of Autonomy."
Due to the presence of these commissions, the U.S. federal government
is 'disintegrated.'
Independence of these Commissions Not Absolute:
However, it is possible to note the relative and not total independence of
those regulatory commissions. Why is that? The question emerges. First
of all, the personnel administration is monitored by the Civil Service
Commission. Secondly, the budgets of the Bureau of Budget are subject
to examination, which is the American President's employee agency.
Third, their acts can be deemed null and invalid and subject to court

129
scrutiny. The judiciary examines their actions from three principal
aspects.
In conclusion, they have the ability to order an inquiry into their actions
and try to control the Congress. Congress can alter and even abolish its
constitutions, even if the ultimate step has never been accomplished.
Indeed, Congress power is merely general in nature, and these
committees are seen as 'the arms of Congress. 'It is not out of place to
note that the administration's regulatory job lies in most nations in the
globe and is typically carried out by the different departments of
administration, companies, local authorities, etc. Even in the USA the
departments, local authorities etc. carry out much of the regulatory job.
In India, we are well aware of the buildings, zoning etc. rules and
regulations, which are created by city councils. The characteristic of
these entities is their positions and status beyond the authority of the
chief executive officer, separating them from the independent regulator
committees.
11.4.2 FUNCTIONS OF INDEPENDENT REGULATORY
COMMISSIONS

In order to understand their importance in the American administrative

setup, it is essential to have a working knowledge of their functions. A
brief description of the functions of some of the commissions is given
below:
1. The Inter-State Commerce Commission:
The main functions of this commission are to develop, co-ordinate and
preserve a transport system by rail, water, and road and by other
means. It has to promote safe, adequate and efficient transport service
and to fix up reasonable charges for the same. It has also to prevent
discrimination or unfair competitions among the various agencies of
transport.
2. The Board of the Governors of the Federal Reserve System:

The Board determines and controls monetary conditions, credit, and

operating policies. All the national banks and Federal Reserve banks of
the U.S.A. are the members of this body and are supervised by the
Board.
3. The Federal Trade Commission:
It has the duty to prevent unfair methods of competition in trade, control
false advertisement of food, drugs, etc. The Commission safeguards the

130
entire economic system so as to maintain conditions of free competitive
enterprise.
4. The Federal Communication Commission:

It regulates inter-state and foreign wireless, radio and television

communication.
5. The Federal Power Commission:

It was originally set up in 1920 as an agency for licensing hydro-electric

projects but was later on reorganized as an independent regulatory com-
mission in 1930. At present, its functions extend to the licensing of
hydro-electric projects, transmission and sale of electric energy and
natural gas.
6. The Securities and Exchange Commission:

The main function of the commission is to protect the interest of the

investors against mal-practices in the securities and financial markets.
7. The National Labour Relations Board:

The Board was set up by the National Labour Relations Act, 1935. It
investigates unfair labour practices by the labour unions and
victimization of the employees by the employers.
8. The United States Maritime Commission:
It encourages the development and maintenance of a merchant marine
for commerce and national defence.
9. The Civil Aeronautics Board:
The main functions of the commission are to develop air transport,
prescribe safety standards, investigate air crashes, assist development
of international transport, etc. It may be mentioned here that these
federal level commissions have jurisdiction which extends throughout
the territory of the U.S.A.
According to Pfiffner, the functions of the commissions are three:
(i) To inform the industry and other regulated groups as to the objectives
of public policy in so far as regulation is concerned;
(ii) To discover and promulgate the rules and regulations which will
ensure that this policy is achieved;
(iii) To enforce such regulations either by adjudicating controversies
arising between the public and the interest regulated or by prosecuting
acts which violate established policy.

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According to Willoughby, “The two main functions of these bodies are
the formulation of rules and regulations with force of law in determining
the rates and conditions of service of public utility corporations, as well
as the transmission of questions affecting public and private rights under
those rules and regulations or the law allowing them to be formulated
and enacted.”
The economic activities are regulated by:
(a) By rule-making, by elaborate and define broad standards as put
down in parent laws, (b) by administrative practices such as permitting,
inspecting, advertising, etc. and (c) by case-by-case decisions on
complaints against the law or standards established.
The Commissions may, on their own motion or by a private party, listen
to cases and award rulings on a regular petition. The key characteristic
which distinguishes the committee from the conventional courts is this
last initiative. As we all aware, ordinary tribunals are not allowed to
initiate legal actions themselves.
11.4.3 ADVANTAGES AND DISADVANTAGES OF REGULATORY
COMMISSIONS
Advantages of Regulatory Commissions:
Regulation of private business activities is not an easy job particularly in
America where big business magnates have high purchasing power.
Under the circumstances, it is extremely difficult for any organisation to
manifest complete impartiality to all the parties concerned. There are
serious dangers of corruption, nepotism and unfairness. To sum up, the
advantages of independent regulatory commissions are:
(i) It creates a device which makes it possible to exclude the quasi-
legislative and quasi-judicial activities from the hands of bureaucracy.
(ii) It puts the activities of national importance and of a technical nature
outside the bane of party politics.
(iii) It is a good device of harmonizing the generalist and specialist
administrators’ relationships which are hard to achieve in a
Departmental system of organization.
(iv) It brings different shades of opinions and interests together to
shoulder a national problem.
(v) It insulates the process of business from partisan political forces by
making it plural- headed.

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Disadvantages of Regulatory Commissions:
With all the above advantages of the commissions, they have been
subjected to severe and varied criticism. The main indictments are:
(i) It is stated that any established authority owes no liability to the
regulatory commissions. They work outside the president's
administrative structure and were appropriately referred to as
'headless.' The President has no ability to reject any Member, so
that the effective and inclusive administration of the Chief
Executive Officer can be readily impeded.
The Brownlow committee (1937) commented. “They (independent
regulatory commissions) are in reality independent governments set up
to deal with the rail road problem, the banking problem, or the radio
problem. They constitute a ‘headless’ fourth branch of the Government,
a haphazard deposit of irresponsible agencies and un-coordinated
powers. They do violation to the basic theory of the American
Constitution that there should be three branches of the government and
only three. The Congress has found no effective way of supervising
them, they cannot be controlled by the President, and they are
answerable to the courts only in respect of the legality of the
activities.”This Committee further added that “though the commissions
enjoy power without responsibility they also leave the President with
responsibility without power.”
(ii) The Commissions merge the responsibilities of the legislature, the
public prosecutor and the court in them, threatening the people's
rights and rights. The commissions establish extremely significant
commercial and industrial policies and can easily act arbitrarily with
these combined responsibilities.
(iii) These committees have been a major "disintegrating factor" in the
US government as they are beyond of the President's authority.
They can impede effective coordination of national policy by failing
to work with the other federal government agencies.
Moreover, jurisdictional issues generally develop between such
commission and other departments since the two organizations share
some regulatory duties. All this can result in ‘a decentralized and chaotic
administration’.
(iv) It is also said that the commissions are unwilling to make use of
the auxiliary services such as statistical, economic, legal services,
etc., of the other departments. This results in high expenditure and
duality of personnel, etc. Perhaps, this is on account of the

133
 superiority complex which the commissions want to show off to the
other departments.
(v) It is also argued that these commissions have not served the
purpose for which they were established. Neither they have been
able to protect the public interest nor they have assured the long-
term progress of the industry.
(vi) It is also said that these regulatory commissions suffer from undue
laxity and slackness in the performance of their functions. This is
on account of the fact that they are neither responsible to the
President nor accountable to the Congress in any effective
manner. The fact that their decisions can be reversed by the courts
makes them, in the words of Arthur M. Macmahon, ‘timid’.
11.5 PROBLEM AREAS
The regulatory commissions have brought in a shift in the Indian
Economy by enabling a level playing field for both the public and private
sector enterprises. However, these commissions seem to face certain
problems that impose certain bottlenecks in their effective performance.
These are:
2) Lack of clear demarcation in the roles of government, regulatory
authority, and the judiciary.
3) Quality of service is impacted due to absence of well-established
service benchmarks, performance standards, and trained technical
manpower.
4) Consumer participation in planning and decision-making process is
not there.
5) A generalist approach prevails in the absence of a specialist
approach in personnel matters.
6) There exists a constant political interference in the functioning of
regulatory
LET US SUM UP

Thus, the regulatory commissions are under fire from two camps the
administrative and the judicial. The administrator condemns them
because their existence creates difficulties in integration and
coordination. The lawyer is opposed to them because their procedure
and methods in adjudication do not satisfy the canons of judicial
propriety.

134
CHECK YOUR PROGRESS
1. The Foreign Trade (Development and Regulation) Act, ____
enables the Director General or any other officer authorized for the
purpose to suspend and cancel the importer-exporter code
number.
2. ____________ refers to a rule or order issued by an executive
authority or regulatory agency of a government and having the
force of law.
3. Article _____ of the Indian Constitution, which states the detriment
of the common wealth and means of production is not the outcome
of the functioning of an economic system.
4. The scope of the President's departmental organization and
correctly referred to in the American administration as the
"____________ ".
GLOSSARY

Regulatory Commissions : Regulatory agency, independent

governmental body established by
legislative act in order to set standards in a
specific field of activity, or operations.
IRC : Independent regulatory agencies are
federal agencies created by an act of
Congress that are independent of the
executive departments.
Autonomy : the quality or state of being self-
governing especially the right of self-
government.
ANSWER TO CHECK YOUR PROGRESS

1. 1992.
2. Regulation.
3. 39 (c).
4. Islands of Autonomy.

135
MODEL QUESTIONS
1. Explain the meaning and features of regulatory commissions.
2. Analyse the various merits and demerits of independent regulatory
commissions.
3. Write an essay on the issues related to regulatory commissions in
India.
4. Describe the various types of independent regulatory commissions
in India.
SUGGESTED READINGS

1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya

Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

136
 Block V
Good Governance

Unit-12 Good Governance: Concept and Application

Unit-13 Essentials of Good Governance

Unit-14 Welfare state

Unit-15 Role of ICT in Good Governance

137
UNIT 12

GOOD GOVERNANCE: CONCEPT AND APPLICATION

STRUCTURE
Overview
Learning Objectives
12.1 Introduction
12.2 Meaning of Good Governance
12.3 Definitions of Good Governance
12.4 Difference between Governance & Good Governance
12.5 Importance of Good Governance
12.6 Initiatives for Good Governance in India
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Ancient Indian texts provide numerous cues for good governance,
leadership, dutifulness and self-realization which are re-interpreted in
the modern context. In Kautilya’s Arthashastra (2nd-3rd century BC), the
welfare of people was considered paramount in the role of King.
Mahatma Gandhi emphasized “swaraj'' which essentially means good
governance. Importance of governance is clearly inscribed in Indian
Constitution which is built on-premise of Sovereign, Socialist, Secular
and Democratic Republic committing itself to democracy, rule of law
and welfare of people. Under Sustainable Development Goals, Goal 16
can be considered to be directly linked as it is dedicated to
improvement in governance, inclusion, participation, rights, and
security. In this unit, we will discuss about the concept of good
governance and application of it for effective administration.

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LEARNING OBJECTIVES
After reading this Unit, you should be able to:
 Know about the nature and characteristics of good governance.
 Discuss the difference between governance and good governance.
 Understand the essentials of good governance.
12.1 INTRODUCTION

Major donors and international financial institutions are

increasingly basing their aid and loans on the condition that reforms that
ensure "good governance" are undertaken. This article tries to explain,
as simply as possible, what "governance" and "good governance"
means. According to former United Nations Secretary-General Kofi
Annan, "Good governance is ensuring respect for human rights and the
rule of law; strengthening democracy; promoting transparency and
capacity in public administration." He also said that “Good Governance
is perhaps the single most important factor in eradicating poverty and
promoting development”.
12.2 MEANING OF GOOD GOVERNANCE
Governance as the normative sense has given the concept of
‘Good Governance’. It refers to the welfare in governance and improving
the quality of governance. It enables the government to provide equal
opportunities and fair delivery of goods and services to the people who
are most marginal in society. Good governance refers to mobilizing the
people of a country in the best direction possible. It requires the unity of
people in society and motivates them to attain political objectivity. In
other words, it ensures proper utilization of all the resources of the state
for its citizens which ensures sustainable development.
12.3 DEFINITIONS OF GOOD GOVERNANCE

"Good governance is a key to developing and maintaining an

environment that promotes robust and fair growth and is a vital
complement to smart economic policy," said the World Bank (1992).
According to UNDP, “Good Governance is, among other things,
participatory, transparent and accountable. It is also effective and
equitable. And it promotes the rule of law. Good governance ensures
that political, social, and economic priorities are based on broad
consensus in society and that the voices of the poorest and the most
vulnerable are heard in decision making over the allocation of
development resources”

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The International Monetary Fund (IMF) has defined the concept “as a
broad concept covering all aspects of how a country is governed,
including its economic policies, regulatory framework, and adherence to
rule of law”. The IMF very much emphasized promoting the concept of
mainly two areas, the management of public resources through reforms
covering public sector institutions and the development and
maintenance of economic and regulatory environment private sector
activities.
Mohit Bhattacharya (2013) has been discussed the recent developments
of good governance in three ways:
1. It is an attempt to widen the scope of public administration by going
beyond the formal government.
2. It is an externally dictated term invented to prescribe aid-
conditionality.
3. It is a more genuinely democratic intensifying concept- to make
public administration more open, transparent, and accountable.
He also expressed the view that good governance should be debated
outside the World Bank and this is represented by other financing
organisations. "To address these questions as new ways of looking at
the interactions between state and civil society in today's complicated
world of governance would be a more creative approach."
12.4 DIFFERENCE BETWEEN GOVERNANCE & GOOD
GOVERNANCE
Governance

The concept of "governance" is not new. It is as old as human

civilization. Governance can be used in several contexts such as
corporate governance, international governance, national governance
and local governance. An analysis of governance focuses on the formal
and informal actors involved in decision-making and implementing the
decisions made and the formal and informal structures that have been
set in place to arrive at and implement the decision. Government is one
of the actors in governance.
Other actors involved in governance vary depending on the level of
government that is under discussion. In rural areas, for example, other
actors may include influential land lords, associations of peasant
farmers, cooperatives, NGOs, research institutes, religious leaders,
finance institutions political parties, the military etc. The situation in
urban areas is much more complex. At the national level, in addition to
the above actors, media, lobbyists, international donors, multi-national

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corporations, etc. may play a role in decision making or in influencing the
decision-making process.
All actors other than government and the military are grouped together
as part of the "civil society." In some countries in addition to the civil
society, organized crime syndicates also influence decision-making,
particularly in urban areas and at the national level. Similarly formal
government structures are one means by which decisions are arrived at
and implemented. At the national level, informal decision-making
structures, such as "kitchen cabinets" or informal advisors may exist. In
urban areas, organized crime syndicates such as the "land Mafia" may
influence decision-making. In some rural areas locally powerful families
may make or influence decision-making. Such, informal decision-making
is often the result of corrupt practices or leads to corrupt practices.
Good Governance
Good governance has 8 major characteristics. It is participatory,
consensus oriented, accountable, transparent, responsive, effective and
efficient, equitable and inclusive and follows the rule of law. It assures
that corruption is minimized, the views of minorities are taken into
account and that the voices of the most vulnerable in society are heard
in decision-making.
12.5 IMPORTANCE OF GOOD GOVERNANCE

The importance of good governance in a state is immense. Sustainable

development is not possible without good governance.
Economic Development

Without good governance in a state, the economic development of that

state is not stable. All elements of economic development, such as
production, distribution, investment, and even consumption, face various
obstacles. If good governance is established, such obstacles will be
removed and the fair distribution of state resources will be possible.
Social Development

Good governance is essential for social development. The role of it does

not end only with economic development. The result of development
ensures that every class of people in society enjoys the basis of
fairness. People of different religions, castes, and classes live in a
society. Now, if there is no fair distribution of wealth among all these
people, social discontent will increase.
Again, the proper distribution of wealth is not enough. We have to make
arrangements so that the minority people can walk without fear. In the

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same way, various reform laws have to be enacted to reduce the gap
between men and women in society.
Political Development

Its relationship with political development is quite important. If the

political leaders of a country are not active in establishing good
governance, then its establishment in that country is not possible. Its
success depends largely on the sincerity of the political leadership and
adherence to the rules and regulations of the political establishment.
The constructive cooperation between the political institutions and the
political parties and the formulation of programs for the welfare of the
people play an important role in establishing good competition and good
governance among themselves. For example, in a democracy, mutual
cooperation between the government and the opposition helps to
establish it in the country.
12.6 INITIATIVES FOR GOOD GOVERNANCE IN INDIA
Right to Information
 As a party to the International Covenant on Civil and Political
Rights (ICCPR), India is under an international obligation to
effectively guarantee citizens the Right to Information as per Article
19 of the ICCPR.
 RTI Act, 2005 marks a significant shift in Indian democracy. It gives
greater access of the citizen to the information which in turn
improves the responsiveness of the government to community
needs.
 The right to information promotes openness, transparency and
accountability in administration by making the government more
open to public scrutiny.
E-Governance
E-Governance effectively delivers better programming and services in
the era of newly emerging information and communication
technologies (ICTs), which herald new opportunities for rapid social
and economic transformation worldwide. E-Governance has a direct
impact on its citizens who derive benefits through direct transactions
with the services offered by the government. Programs launched under
e-Governance are
Pro-Active Governance and Timely Implementation (PRAGATI), Digital
India Program, MCA21 (to improve the speed and certainty in the

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delivery of the services of Ministry of Company Affairs), Passport Seva
Kendra (PSK), online Income tax return, etc. To Focus on 'Minimum
Government, Maximum Governance’.
Legal Reforms
 The Central Government has scrapped nearly 1,500 obsolete
rules and laws with an aim to bring about transparency and
improve efficiency.
 Reform criminal justice and procedural laws with focus on pre-
institution mediation.
Ease of Doing Business
 Steps were taken by the government to improve business
conditions including legislation meant to improve the country’s
business environment and policy ecosystems (such as the
Bankruptcy Code, the Goods and Services Tax or GST, and the
anti-money-laundering law).
 Government has launched the ‘Make in India’ initiative.
Decentralization
 Centralised Planning Commission was abolished, replacing it with
the think tank called the National Institution for Transforming India
(NITI Aayog), which would usher in an era of “cooperative
federalism”.
 14th Finance Commission increased the tax devolution of the
divisible pool to states from 32% to 42% for years 2015 to 2020.
It provides more freedom to states to initiate schemes based on
local factors.
Police Reforms
 Modernizing police forces and implementing the Model Police Act of
2015.
 Reform of the First Information Report (FIR) lodging mechanism,
including introducing filing e-FIRs for minor offences.
 Launch a common nation-wide emergency number to attend to
emergency security needs of citizens.
Aspirational Districts Programme

 The Aspirational Districts Programme (ADP) was launched in

January 2018 to transform the lives of people in the under-developed
areas of the county in a time bound manner.

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 Anchored in NITI Aayog, the programme is aimed at transforming
115 most backward districts with focused interventions in the field of
health and nutrition, education, agriculture and water management,
financial inclusion and skill development.
Good Governance Index
 The Good Governance Index Was launched on the occasion of
Good Governance Day on 25 December 2019.
 The Good Governance Index is a uniform tool across States to
assess the Status of Governance and impact of various
interventions taken up by State Government and Union Territories.
 The objectives of Good Governance Index are to provide
quantifiable data to compare the state of governance in all states
and Union Territories, enable states and Union Territories to
formulate and implement suitable strategies for improving
governance and shift to result oriented approaches.
LET US SUM UP
In conclusion, good governance is the proper management of the state,
society, and resources. It seeks to protect the interests of people from all
classes. It emphasizes on public sector management, the legal
framework for development, accountability, transparency, and free flow
of information. When good governance is established in a state, people
can easily guess it by some of its characteristics. There is good
governance for political, economic, and social development. It protects
the social, economic, and political rights of citizens irrespective of race,
religion, caste, gender. As a result, a country’s development index tends
to go up.
CHECK YOUR PROGRESS

1. ______________ is a key to developing and maintaining an

environment that promotes robust and fair growth and is a vital
complement to smart economic policy.
2. Mohit Bhattacharya (2013) has been discussed the recent
developments of good governance in _____ ways.
3. All actors other than government and the military are grouped
together as part of the "_________".
4. Good governance has ___ major characteristics as participatory,
consensus oriented, accountable, transparent, responsive,
effective and efficient, equitable and inclusive and rule of law.

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GLOSSARY
Governance : the action or manner of governing a state,
organization, etc.
Good governance : Good Governance is an approach to
government committed to creating a
system that protects human rights and civil
liberties.
Welfare State : a system whereby the state undertakes to
protect the health and well-being of its
citizens, especially those in financial or
social need, by means of grants, pensions,
and other benefits.
Good Governance Index : It is a uniform tool across States to
assess the Status of Governance and
impact of various interventions taken up by
the State Government and UTs.
ANSWER TO CHECK YOUR PROGRESS
1. Good governance.
2. Three.
3. Civil society.
4. 8.
MODEL QUESTIONS
1. Explain the concept of good governance and its features.
2. Analyse the various differences between governance and good
governance.
3. Write an essay on the initiatives for good governance in India.
4. Describe the various essentials for practice of good governance.
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

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UNIT 13

ESSENTIALS OF GOOD GOVERNANCE

STRUCTURE
Overview
Learning Objectives
13.1 Introduction
13.2 Essentials of Good Governance
13.3 Features of Good Governance
13.4 Accountability
13.5 Hindrances to Good Governance
13.6 Measures to establish Good Governance
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Every one of us expects and aspires that our government should be
good and effective. In fact, we also know that it was for the purpose of
securing conditions for safe and happy life that the state came into
existence and its continuity is justified in terms of promoting and
preserving the quality of life. It is in this context that the study of good
governance has become very important in the study of political science.
The lesson explains the meaning of good governance, governance and
measures to overcome these hindrances as well as the role of citizens to
ensure good governance.
LEARNING OBJECTIVES
After studying this unit, you will be able to
 Describe the major components or characteristics of good
governance.
 Discuss major hindrances to good governance.
 Know the role of citizens in the process of good governance

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13.1 INTRODUCTION
Major donors and international financial institutions are
increasingly basing their aid and loans on the condition that reforms that
ensure "good governance" are undertaken. This article tries to explain,
as simply as possible, what "governance" and "good governance"
means. Governance becomes good when the decisions and actions of
the government are based on peoples’ consent, legitimacy and
accountability. Thus good governance is concerned with high quality in
governance. All sections of the society today judge their government by
their governance. Earlier, coercive state was considered to be most
effective instrument of good governance. In ancient and medieval India a
king, though authoritarian, was supposed to be conscientious and
responsive to the needs of the subjects.
In modern times, good governance implies enlightened
citizenship as well as accountable and constitutional government. Good
governance is also a key developmental concept today. The debate only
relates to the question of how to bring about development. It is a concept
that is inclusive and positive in nature. It is inclusive in so far as it aims
at involvement of people in the process of development. Thus
development is not merely people-oriented but people- centered. It is
positive to the extent of building up new levels of skills, knowledge and
support for development. Let us now discuss some of the features or
characteristics of good governance.
13.2 ESSENTIALS OF GOOD GOVERNANCE
Participation
Participation by both men and women is a key cornerstone of good
governance. Participation could be either direct or through legitimate
intermediate institutions or representatives. It is important to point out
that representative democracy does not necessarily mean that the
concerns of the most vulnerable in society would be taken into
consideration in decision making. Participation needs to be informed and
organized. This means freedom of association and expression on the
one hand and an organized civil society on the other hand.
Rule of law
Good governance calls for fair and impartially implemented legislative
frameworks. The comprehensive protection of human rights, especially
those of minorities, is also required. The impartial implementation of
laws demands an independent judiciary and a police force which is
unbiased and impartial.

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Transparency
Transparency means that decisions taken and their enforcement are
done in a manner that follows rules and regulations. It also means that
information is freely available and directly accessible to those who will
be affected by such decisions and their enforcement. It also means that
enough information is provided and that it is provided in easily
understandable forms and media.
Responsiveness
Good governance requires that institutions and processes try to serve all
stakeholders within a reasonable timeframe.
Consensus oriented
In a particular society, there are numerous players and as many views.
Good governance is the working based on the need of the diverse
community by mediating diverse interest within the society. It also
demands a wide, long-term view on what is needed and how to attain
the aims of sustainable human development. This can only be achieved
via the study of a certain culture or community's historical, cultural and
social circumstances.
Equity and inclusiveness
A society’s wellbeing depends on ensuring that all its members feel that
they have a stake in it and do not feel excluded from the mainstream of
society. This requires all groups, but particularly the most vulnerable,
have opportunities to improve or maintain their wellbeing.
Effectiveness and efficiency

Good governance means that processes and institutions produce results

that meet the needs of society while making the best use of resources at
their disposal. In the context of good governance, the idea of efficiency
also encompasses the sustainable use of natural resources and
environmental preservation.
Accountability

Responsibility is a crucial good governance need. The public and their

institutional stakeholders should not just be accountable to government
institutions, but also to the business sector and civil society
organisations. Who is accountable to who varies depending on whether
decisions or actions taken are internal or external to an organization or
institution. In general an organization or an institution is accountable to
those who will be affected by its decisions or actions.

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13.3 FEATURES OF GOOD GOVERNANCE
The next important question in the discussion on good
governance is: what are the basic features or elements of good
governance? A number of, reports and studies have sought to identify a
number of features. In the scheme of Kautilya, for instance, the following
features formed part of good governance as Law and order, People
caring administration, Justice and rationality as the basis of decision and
Corruption free governance.
The World Bank in its reports of 1989 and 1992, the Organization
for Economic Cooperation and Development (OECD) Commission on
Global Governance (1995), United Nations Development Programme
(UNDP) 1997 have all dealt with the attributes of good governance
extensively. These concerns of good governance have been very clearly
voiced in Asian Development Basic report.
13.4 ACCOUNTABILITY

It has been emphasized almost unanimously that governance

has to be based on the principle of accountability of those who are
responsible for it. Accountability, in fact, implies that the bureaucracy
should be answerable for what they do or don’t do? This is sought to be
administered in a parliamentary system through questions, debates,
discussions, budgetary approvals, committees and such other methods
by parliament. The executive is to be responsive to the people through
their representatives. It is, however, also true that this mechanism has
increasingly proved to be ineffective for reasons of decline in the quality
and character of debates and the representatives, transformation of
parliamentary system into a cabinet system of government,
criminalization of politics and fragmentation of society and politics.
Secondly, accountability is also ensured through judicial review of the
governmental decisions or laws.
The citizens are also seeking judicial intervention through Public
Interest Litigation (PIL) for prompt action on certain issues affecting the
common life. Such practices are in vogue, directly or indirectly in several
countries like New Zeeland, Canada, Australia and India. Recently, a
more effective mode of public accountability is the system of citizens’
charter. The idea is to change the bureaucratic culture to include people
friendly attitudes instead of patriarchal, indifferent, casual and callous
behavior to citizens. The old feudal value must give place to modern
democratic values in bureaucracy.

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 In every country a number of institutional and legal arrangements
have been made to secure the prevalence of the characteristics of an
accountable administration. For example, in India setting up of
institutions like Central Vigilance Commission and national commissions
for Women, Schedules Tribes, Schedules Castes, Minorities and
Backward Classes, National Labour Commission, National Commissions
for Human Rights and Minorities, and Comptroller and Auditor General
of India are some such efforts or steps to administer social, legal
constitutional and systemic commitments in bureaucracy. It seeks to
remove the tendencies of administrative bias, corruption, alienation and
secrecy.
The aim is to make administration poor-sensitive, gender-sensitive, and
more sensitive to the demands and grievances of the public. The
purpose is to prevent undesirable acts or behavior and to promote
efficiency and integrity of public servants. The Governments have also
initiated a number of other measures to see the actual operations of
accountability in administration.
13.5 HINDRANCES TO GOOD GOVERNANCE

Countries at the international and national levels have shown

much seriousness about good governance. But how is it that they have
not been finding it so easy to provide to all their citizens a just, equal and
free social order. What are the factors that are blocking the road to good
governance? There are a number of factors responsible for the failure to
achieve the desired ends, but the following are the major threats to good
governance: (A) Corruption (B) Population Growth (C) Culture of
Violence
(A) Corruption

Corruption is an illegal use of authority for personal gains.

Corruption is a universal disease causing harm to the people and
government almost everywhere in the world. However, in the countries
like India it has assumed the shape of a cancer. Since the days of
Kautilya the issue of ethics and integrity in government has been a major
concern. At times the political leaders have expressed their helplessness
to contain corruption by arguing that corruption is a worldwide
phenomenon. But the question of probity and corruption is getting a little
more attention than earlier. The exposure of the scams and the demand
for action against the corruption is now increasing. But no step to fight
corruption will be effective unless all forms of corruption – political,
economic, moral and administrative are fought with a sense of
commitment and will.

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In order to meet the threat of corruption to good governance, the
following steps are necessary:
 Ensuring a cost-effective administration of justice
 Setting up of Public interest litigation courts at the national, state and
local levels
 Making right to information more effective
 Strengthening law enforcement agencies in terms of autonomy,
skills, attitudinal change and awareness of the social problems.
 Improving bureaucratic functioning by way of simplification of rules,
regulations and procedures of work.
 Mobilizing the society to support the system of rule of law
(B) Population Growth

Good governance is concerned not merely with effective laws,

procedures and practices, but also concerned with mobilization and
utilization of country’s social and economic resources in a manner that
benefits all the members of the society. However, one finds that
development efforts have failed to eliminate poverty, unemployment and
illiteracy and to secure to all ‘citizens equitable access to even primary
education and health, food, water and a house. From a population of
about 35 crores at the time of India’s Independence to more than 100
crores now is a cause for concern.
Though some states in India such as Kerala, Tamil Nadu, Goa
and Manipur have already achieved population stabilisation, there are
still some states like Uttar Pradesh, Madhya Pradesh, Rajasthan and
Bihar which will take a long time to stabilize their population. The
phenomenal growth in numbers requires resources to sustain them.
There is an increasing demand on land, air and water resources.
Providing adequate educational and health facilities, food, shelter and
employment to the growing numbers is a difficult task before any
government in India.
Look at our large cities where concentration of a very large
population poses many problems of health and sanitation, water supply,
roads, and electricity. In fact, in many respects cities like Mumbai,
Calcutta and Delhi are increasingly becoming ungovernable. The rapidly
increasing population is, in fact, a means to a breakdown of good
governance. Population can be stabilized through spread of education,
awareness, health education, people’s involvement and development
etc.

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(C) Culture of Violence
Resort to illegal force is considered to be a law and order
problem. But when one looks at it from the point of view of the principles
of good governance, it becomes clear that peace and order is the first
step to development. Strikes, riots, terror attacks one rant of this harmful
culture of violence. The government can focus on economic, social and
political development if it is free from the concerns of threat to public
safety and security in terms of life and property. Moreover, terrorism is
also the greatest threat to the rule of law because terror replaces the law
or seeks to subvert the law. Terrorism is a hindrance to progress. No
industrialist would be willing to invest in an area, which is affected by
violence and terrorist activities. This produces an adverse impact on
employment, health, education and the provision of other services to the
people in the long run.
The social life also comes to a halt and people become almost in
house prisoners or suffer from mental agonies of different types if they
live under the shadow of violence and terrorism. The issue of human
rights also comes to the fore. Terrorists seldom respect the human rights
of the common man. But when the government uses brutal force to
contain terrorism, at times human rights of common citizens are violated
by the state police. It requires a clear vision, courage and understanding
to deal with this menace through dialogue with the violators of law,
redresses of their genuine grievances, involvement of the neighbours
and wider international governments in the fight against terrorism.
13.6 MEASURES TO ESTABLISH GOOD GOVERNANCE
One can draw a long list of the measures to realize the goals of good
governance. Let us discuss two measures viz. ensure people’s
participation and the use of computers and information technology, for
an efficient, effective, honest, transparent and law abiding system of
governance.
Peoples Participation for Good Governance
The people can perform this role either by becoming a member
of any social organization or interest and pressure groups or welfare
organization or a political party or by becoming a part of bureaucracy
and government at national, regional or local levels. The governments
are seeking to involve people by the democratic decentralization-the
panchayats and municipalities or by association in advisory or
consultative committees and institutions. People also organize
themselves to demand a policy to meet the expectations of the citizens.

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They organize as groups to support a people friendly decision of the
government as they also oppose anti people measures taken by it.
One can mention the name of organizations like: Narmada
Bachao Andolan, Bachpan Bachao Andolan, Peoples’ Initiative, Help
Age India, Common Cause Shiksha Bachao Andolan etc. in this context.
People, thus, can play a significant role as opinion makers both in favour
and against the government and administration. At times, individuals
tend to work for the resolution of conflicts within the society or between
the society and the state. Individuals can also act as a link between the
people and the bureaucracy by supplying the information about the
action / reaction of the people and their roles.
By such feedback the civil servants can remedy the situation.
Since the levels of education, information, knowledge of the government,
political and the economic status condition people’s participation, a large
number of local people remain outside the system of governance.
Therefore, our country has made deliberate attempt to include the
poorer sections in the process of decision-making and development.
Reservation of 33.3% seats for women in the panchayati raj and the
urban local government is one such step. There is a provision for
reservation of seats for SCs/STs in the proportion to their population in
the areas of local government.
For instance, if there are 20% Scheduled Castes in a district then
20% seats shall be reserved for them in the Zila parishad. Similarly, if
thenumber of Scheduled tribes in 1% in a village than 1% seats shall be
reserved for the Scheduled Tribes in the Gram Panchayat. Reservation
for the backward classes has been left to the state government. It may
not be wrong, however, to state that there is still a gap between what is
provided and what is implemented in the area of the people’s
participation in governance, especially in the local governments. It is
only a handful of people who appear to be empowered.
Role of Computer and Information Technology (IT) as means of
good governance
From the discussion held so far you must have noted that the
essence of good governance is being people-friendly and power-sharing
system on the one hand and being responsive, accessible, moral, and
transparent and corruption free system on the other. The use of
computers and information technology is visualized as a very effective
tool of good governance.

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 Computers, thus, can increase people’s reach to the information
relating to rules, regulations or procedures or about the welfare and
development scheme of the government or about the welfare and
development scheme of the government or information about weather
and climate that can be used by farmers and citizens. It is said
corruption is the product of face-to-face meeting between the giver and
receiver of a decision. Computers can reduce their personal contacts to
curb corruption.
For example, a farmer can get his land record copy on the
computer; a citizen can pay any bill or tax without actually going to the
cash counter and suffering the agony of long queue or losing the
earnings of the day. The Gyandoot programme being implemented in
Dhar district of Madhya Pradesh in India provides the number of
services like online registration, copies of land record, agriculture
produce auction center to the people at a nominal price. The list may
further include facilities like eligibility rules and application for loans;
prices of seeds, fertilizers and tools, the power cut schedule, availability
of diesel etc. Such a system would cut the administrative delays, which
is another source of corruption. It would reduce time and financial cost of
the facility as the citizens would get them through computer at their
doorsteps.
The government of Karnataka is using computers for
transparency in educational admission and recruitment, transfers and
payment of salaries of teachers. Computers are also used to know the
implementation of the instructions or orders of the chief minister. It is
also being used for the management of the constituency and prepare
summarized data on major projects in health, housing and other social
welfare schemes.
LET US SUM UP
In conclusion, good governance is the proper management of the state,
society, and resources. It seeks to protect the interests of people from all
classes. It emphasizes on public sector management, the legal
framework for development, accountability, transparency, and free flow
of information. When good governance is established in a state, people
can easily guess it by some of its characteristics. There is good
governance for political, economic, and social development. Good
governance and development complement each other.It protects the
social, economic, and political rights of citizens irrespective of race,
religion, caste, gender. As a result, a country’s development index tends
to go up.

154
CHECK YOUR PROGRESS
1. Participation could be either direct or through legitimate
intermediate institutions or ____________.
2. The impartial implementation of laws demands an
___________________ and a police force which is unbiased and
impartial.
3. __________ means that decisions taken and their enforcement are
done in a manner that follows rules and regulations.
4. Good governance is the working based on the need of the diverse
community by mediating diverse ________ within the society.
5. The World Bank in its reports of ____ and ____ has dealt with the
attributes of good governance extensively.
GLOSSARY
Inclusive : including all the services and items involved.
Transparency : condition of being transparent or openness.
Enforcement : the act of compelling observance of or
compliance with a law, rule, or obligation.
Attributes : a characteristic or inherent part of something.
ANSWER TO CHECK YOUR PROGRESS
1. Representatives.
2. Independent judiciary.
3. Transparency.
4. Interest.
5. 1989 and 1992.
MODEL QUESTIONS
1. Discuss the meaning and the concept of good governance.
2. Identify three features of good governance.
3. Explain the importance of accountability in good governance.
4. Discuss the main hindrances to good governance.
5. Describe measures for good governance, the government of India
has taken.

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SUGGESTED READINGS
1. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

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UNIT 14

WELFARE STATE
STRUCTURE
Overview
Learning Objectives
14.1 Introduction
14.2 Meaning
14.3 History of the Welfare State
14.4 Three Types of Welfare States
14.5 Welfare Regimes
14.6 Welfare Regime in India
14.7 Relevance in Indian Scenario
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Social policy as a terminology refers to policies aimed at improving the
well-being of people, especially those who suffer from various forms of
disadvantage. Welfare State is a social system in which the government
takes onus for providing welfare to its people. However, there are on-
going debates on what are the prerequisites to be called a Welfare
State. Conceptually, history of welfare states cannot be drawn clearly as
a series of events one leading to another because the concept of welfare
has been an integral component of social systems since time
immemorial. Most historians give industrialization precedence over
political competition. Industrialization, being one of the major pushes
towards urbanizing and industrial societies, also triggered the need for
the State to step in and meets the social needs of people. In this unit, we
will study in detail about the welfare states and their features.

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LEARNING OBJECTIVES
After reading this Unit, you should be able to
 Understand the concept of Welfare State.
 Know the nature of welfare states.
 Analyse the foundation of Indian Welfare State and the various
welfare programs.
14.1 INTRODUCTION
Welfare State is a concept of government where the state plays a
significant role in protecting and promoting the economic and social well-
being of its people. Basically it is a government or a state which aims at
the welfare of people. It is based on the principles of equality of
opportunity, equitable distribution of wealth and public responsibility for
the people who are unable to afford minimal provisions to live a good
life. The government can help its needy citizens by providing them either
money or services. Cash payments, concessions, subsidies, public
distributions and grants all come under welfare.
14.2 MEANING
A welfare state is a “concept of government in which the state
plays a key role in the protection and promotion of the economic and
social well-being of its citizens. It is based on the principles of equality of
opportunity, equitable distribution of wealth, and public responsibility for
those unable to avail themselves of the minimal provisions for a good
life. The general term may cover a variety of forms of economic and
social organization”.
14.3 HISTORY OF THE WELFARE STATE
The Welfare State originated in Germany during 19th century
with the policies implemented by German Chancellor Otto von Bismarck.
Otto von Bismarck, the first Chancellor of Germany, created the modern
welfare state by building on a tradition of welfare programs in Prussia
and Saxony that began as early as in the 1840s, and by winning the
support of business. Bismarck introduced old age pensions, accident
insurance and medical care that formed the basis of the modern
European welfare state.
His paternalistic programs won the support of German industry
because its goals were to win the support of the working class for the
German Empire and reduce the outflow of immigrants to the United
States, where wages were higher but welfare did not exist. The United

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Kingdom, as a modern welfare state, started to emerge with the Liberal
welfare reforms of 1906–1914 under Liberal Prime Minister Herbert
Asquith. These included the passing of the Old-Age Pensions Act in
1908, the introduction of free school meals in 1909, the 1909 Labour
Exchanges Act, the Development Act 1909, which heralded greater
Government intervention in economic development, and the enacting of
the National Insurance Act 1911 setting up a national insurance
contribution for unemployment and health benefits from work.
Although the United States lagged far behind European countries
in instituting concrete social welfare policies, the earliest and most
comprehensive philosophical justification for the welfare state was
produced by the American sociologist Lester Frank Ward (1841–1913, )
whom the historian Henry Steele Commager called “the father of the
modern welfare state”. Reforms like those instituted by Bismarck in
Germany were strongly opposed by conservative thinkers such as the
very influential English philosopher and evolutionary theorist Herbert
Spencer, who argued that coddling the poor and unfit, would simply
allow them to reproduce and delay social progress. Ward set out to
systematically dismantle Spencer’s arguments which he saw as delaying
and paralyzing progressive government action. Central to Ward’s
theories was his belief that a universal and comprehensive system of
education was necessary if a democratic government was to function
successfully. Ward’s writings had a profound influence on a young
generation of progressive thinkers and politicians whose work
culminated in President Franklin D. Roosevelt’s New Deal welfare state
policies of the 1930s.
The welfare system in the United States began in the 1930s,
during the Great Depression. After the Great Society legislation of the
1960s, for the first time a person who was not elderly or disabled could
receive need-based aid from the federal government. Aid could include
general welfare payments, health care through Medicaid, food stamps,
special payments for pregnant women and young mothers, and federal
and state housing benefits. In 1968, a woman receiving welfare
assistance headed 4.1% of families; by 1980, the percentage increased
to 10%. In the 1970s, California was the U.S. state with the most
generous welfare system.
The federal government pays virtually all food stamp costs. In
2008, 28.7 percent of the households headed by single women were
considered poor.

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Modern Model
Modern welfare programs differed from previous schemes of
poverty relief due to their relatively universal coverage. The development
of social insurance in Germany under Bismarck was particularly
influential. Some schemes were based largely in the development of
autonomous, mutualist provision of benefits. Others were founded on
state provision. The term was not, however, applied to all states offering
social protection. The sociologist T.H. Marshall identified the welfare
state as a distinctive combination of democracy, welfare and capitalism.
Examples of early welfare states in the modern world are Germany, all
of the Nordic countries, the Netherlands, Uruguay and New Zealand and
the United Kingdom in the 1930s.
14.4 THREE TYPES OF WELFARE STATES
According to the Political Scientist Esping-Andersen, there are
three ways of organizing a welfare state instead of only two. Esping-
Andersen constructed the welfare regime typology acknowledging the
ideational importance and power of the three dominant political
movements of the long 20th century in Western Europe and North
America: Social Democracy, Christian Democracy and Liberalism. The
ideal Social-Democratic welfare state is based on the principle of
universalism granting access to benefits and services based on
citizenship. Such a welfare state is said to provide a relatively high
degree of autonomy, limiting the reliance of family and market. In this
context, social policies are perceived as “politics against the market.”
Examples of Social Democratic states include Denmark, Finland, The
Netherlands, Norway and Sweden.
Christian-democratic welfare states are based on the principle of
subsidiarity and the dominance of social insurance schemes, offering a
medium level of decommodification and a high degree of social
stratification. Examples include Austria, Belgium, France, Germany,
Spain and Italy. On the other hand, the liberal regime is based on the
notion of market dominance and private provision; ideally, the state only
interferes to ameliorate poverty and provide for basic needs, largely on a
means-tested basis. Examples of the Liberal welfare state include
Australia, Canada, Japan, Switzerland and the United States.
The American welfare state was designed to address market
shortcomings and do what private enterprises cannot or will not do.
Unlike welfare states built on social democracy foundations it was not
designed to promote a redistribution of political power from capital to
labor; nor was it designed to mediate class struggle. Income

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redistribution, through programs such as the Earned income tax credit
(EITC), has been defended on the grounds that the market cannot
provide goods and services universally, while interventions going
beyond transfers are justified by the presence of imperfect information,
imperfect competition, incomplete markets, externalities, and the
presence of public goods. The welfare state, whether through charitable
redistribution or regulation that favors smaller players, is motivated by
reciprocal altruism.
Unlike in Europe, Christian democratic and social democratic
theories have not played a major role in shaping welfare policy in the
United States. Entitlement programs in the U.S. were virtually non-
existent until the administration of Franklin Delano Roosevelt and the
implementation of the New Deal programs in response to the Great
Depression. Between 1932 and 1981, modern American liberalism
dominated U.S. economic policy and the entitlements grew along with
American middle class wealth.
14.5 WELFARE REGIMES
Esping-Andersen categorizes Welfare States into three main categories
as liberal Welfare State, Corporatist Welfare State and Social
Democratic Welfare State
Liberal Welfare State

These welfare states are categorised by means-tested benefits,

modest social insurance and model universal transfers. Means-tested
benefits are those benefits in which individuals’ capital and income affect
his/her eligibility. These benefits are generally for people falling under
the category of low-income households, working class or state
dependents. In this model, “limits of welfare equal the marginal
propensity to opt for welfare instead of work” hence the eligibility or
entitlement rules are very stringent, the benefits are modest and getting
entitled to these benefits is associated with social stigma. In such states,
the government encourage Market, by providing for very minimum or by
subsiding the privately run welfare programs. The major countries
following this Welfare State Model are USA, Canada and Australia.
Corporatist/Conservative Welfare State:
This welfare state upholds the status-differentials in term of rights
and hence maintains the social structure of class and status. They don’t
encourage the Market to assume the role of provider of welfare rather it
works towards displacing Market from the turf of Welfare State. The
Corporativist Welfare is mainly shaped by the authority of Church and is

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dedicated towards maintenance of traditional family structure and
patterns. In this type of welfare regime, Social insurance will generally
not include women and the social assistance will promote motherhood.
Strategies promote that State will only intervene when the capacity of
the family to provide for welfare is completely exhausted. The classic
example is the German Unemployment Assistance wherein the
continuation to normal unemployment allowance is only done once it’s
verified that the family’s capacity to provide for the unemployed is
exhausted. The major countries following this regime are Austria, France
and Germany.
Social Democratic Welfare States
These Welfare states are responsible for equality of the highest
standards and are literally guided by the social democratic principles.
This state promotes policies which are highly decommodifying and
universalistic in nature and yet suits to differential expectations. The
dualism of State and Market or between Middle-class and Working-class
is essentially reduced to ensure social rights enjoyed by all are identical
and yet benefits are given out according to one’s income. This model
also encourages a strong solidarity amongst the beneficiaries to in turn
support it. Hence it’s a great fusion of Work and Welfare i.e. a Welfare
State working towards achieving full-employment rate as it’s the only
way how people will be able to support this Welfare State, where more
people work, leaving very few to live off social transfers. The best
examples of countries practising this regime are Sweden and Norway.
14.6 WELFARE REGIME IN INDIA
Post-Independence, India as a country was struggling with
numerous social problems and challenges. It was a newly independent
country with the most diverse society and fraught with social and
economic inequality. There were numerous marginalised sections of the
society who were not only the victims of British Raj but also from the
historical legacy of discriminatory social systems, which existed in India
even before East India Co. Hence the constitution makers had a tough
task ahead of them to ensure that our country’s Independence should
translate into our society’s freedom from not only colonialism but also
from the age-old social and economic subjugations. Hence, India
became a Welfare State, only to be described as “sovereign socialist
secular democratic republic “in the Indian Constitution Preamble.
Therefore, our constitution has provisions to safeguard both our social
and economic welfare through Fundamental Rights and Directive
Principles for State Policy.

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 Fundamental Rights ensure that every citizen of this country
enjoy civil liberties as well as basic rights. Along with these civil liberties
the Indian Constitution also takes care of the socio-economic
development of the people and hence has taken care of these rights
through Directive Principles for State Policy. These are the guiding
principles to both state and central governments for formulating the
public policies and uphold social and economic rights of the people.
These principles direct States to formulate policies to ensure:
i. That the citizens, men and women equally, have the right to an
adequate means to livelihood;
ii. That the proprietorship and control of the material assets of the
local area are so particularly dispersed as best to sub serve the
benefit of all;
iii. That the activity of the financial framework doesn't bring about the
grouping of abundance and method for creation to the normal
disadvantage.
iv. That there is equal pay for equal work for both men and women;
v. That the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not
forced by economic necessity to enter avocations unsuited by
their age or strength; and
vi. Those children are given opportunities and facilities to develop in
a healthy manner and in conditions of freedom and dignity and
childhood and youth are protected against exploitation and
against moral abandonment.
To protect social economic rights of the people, the constituent
assembly placed certain rights in the Directive Principles which are as
follows:
i. Right to adequate means of livelihood: article 39(a);
ii. Right against economic exploitation: article 39(b);
iii. Right of both sexes to equal pay for equal work: article 39 (d);
iv. Right to work;
v. Right to leisure and rest: article 43;
vi. Right to public assistance in case of unemployment, old age
or sickness: article 42;
vii. Right to education: article 41;
viii. Right to just and humane conditions of work: article 42;
ix. Right to maternity relief: article 42; and
x. Right to compulsory and free education of children: article 45.

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Indian government has been developing welfare programs and policies
around these rights and provisions in the Indian Constitution. Welfare
Programs such as Right to Education, MGNREGA, National Health
Mission and alike have been aimed to provide economic and social
welfare to its people and mitigate vulnerabilities and marginalization,
faced by the citizens of the country
14.7 RELEVANCE IN INDIAN SCENARIO
India is described as a welfare state by the Preamble and Directive
Principles of State Policy embodied in Part IV of the Indian Constitution.
The government of India has established a diverse and extensive social
welfare system. India is fully committed to the welfare and development
of its citizens, especially the weaker section like the schedule casts
(SCs), scheduled tribes (STs), minorities, disabled and other backward
people. Seats are reserved for them in all government educational
institutes, government jobs, Lok Sabha and Vidhan Sabha. The Indian
government has also passed laws for abolishing the social evil
untouchability, Zamindari and Begar system. Poor people can get
essential commodities at a low price in fair price shops. The government
has produced several development programmes for the empowerment
of women and lower cast people.
LET US SUM UP

Today almost every democratic country in the world is a welfare state.

The responsibilities of the government are extensive and diversified in a
welfare state. Earlier the concept of state was something different, it
meant a police state. The primary responsibility of the government was
to ensure the safety and security of its citizens. Democracy has changed
the functions and role of government. Democracy has been redefined
with the establishment of welfare state. A welfare state takes care of its
poor, unemployed, sick, disabled and other oppressed group of people.
It provides health care, social insurance, education, housing, and old
age pensions in order to eliminate economic and social inequalities.
Unemployed people also get unemployment compensations from the
government. America, Canada, Australia and most of the European
democratic countries are welfare states.

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CHECK YOUR PROGRESS
1. ____________ is a social system in which the government takes
onus for providing welfare to its people.
2. The Welfare State originated in _________ during 19th century by
Otto von Bismarck.
3. The sociologist T.H. Marshall identified the welfare state as a
distinctive combination of _________, ____________ and
__________.
4. India became a Welfare State described as “sovereign socialist
secular democratic republic” in the Indian Constitution ______.
GLOSSARY
Welfare State : a system whereby the state undertakes to
protect the health and well-being of its citizens,
especially those in financial or social need, by
means of grants, pensions, and other benefits.
Police State : a totalitarian state controlled by a political police
force that secretly supervises the citizens'
activities.
DPSP : Directive Principles of State Policy aim to create
social and economic conditions under which the
citizens can lead a good life. They also aim to
establish social and economic democracy through
a welfare state.
Fundamental Rights : Fundamental rights are the basic human rights
enshrined in the Constitution of India which are
guaranteed to all citizens.
ANSWER TO CHECK YOUR PROGRESS

1. Welfare State.
2. Germany.
3. Democracy, welfare and capitalism.
4. Preamble.

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MODEL QUESTIONS
1. Explain the concept of welfare state and its features.
2. Analyse the history of welfare state globally.
3. Write an essay on the welfare state in India.
4. Describe the various types of welfare states.
SUGGESTED READINGS

1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya

Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

166
UNIT 15

ROLE OF ICT IN GOOD GOVERNANCE

STRUCTURE
Overview
Learning Objectives
15.1 Introduction
15.2 SMART Governance
15.3 Interactions in e-Governance
15.4 E-Governance Initiatives
15.4.1 G2C Initiatives
15.4.2 G2B Initiatives
15.4.3 G2G Initiatives
15.4.4 Central Government Initiatives
15.4.5 State Mission Mode projects
15.5 Use of Technology in Governance
15.6 Challenges in use of ICT for Good Governance
Let us Sum Up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

With the rapid spread of Information and Communication Technologies

(ICTs), new opportunities have been opened for a revival of public
discourse and improved governance efficiency. ICTs offer concrete
opportunities for local and national governments to improve their
performance in terms of transparency, participation and decentralization.
The mainstreaming of ICTs within planning and design of development
strategies helps to strengthen the establishment of efficient, effective
and transparent governance systems. Online tools can significantly
improve the rendering of services and information flows from
administrations to their constituencies; communication among

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administrations and citizens can be enhanced and, lastly, ICTs offer
unique opportunities for broadened citizen involvement and participation
in the decision-making process. This is particularly relevant in the
developing countries context, where many countries have only recently
undergone the transformation to democratic regimes, and where despite
the efforts to introduce democratic governance, problems such as
corruption of public administration and lack of transparency are still
present.
LEARNING OBJECTIVES

After learning this unit, you will be able to

 Know the concept of Information and communication technology in
enabling good governance.
 Understand the various initiatives in India at the national and state
level.
 Know the need for ICT in good governance.
15.1 INTRODUCTION
In last few decades Information Communication Technologies
(ICT) got the attention of public administrators as a facilitator for good
governance, along with private sector applications. In private sector as
E-commerce or in public sector as E-governance, the main focus has
been on the refinement in the business process model and economic
efficiency. The pre-dominant aspects of cost effectiveness, efficient
delivery of services or customer satisfaction, were of an economic
orientation.
The concept of good governance as E-governance by utilizing
Information and Communication Technologies (ICT) has been
contouring around the values i.e. cost effectiveness and efficient delivery
of service. Historically ICT has been utilized as an effective mode of e-
governance for economic efficiency. This research will explore, in
addition, ICT is equally and affectively capable of ensuring the legal
process; check on public managers in policy implementation, and
catering the need of public evolvement and participation. In this regard
the E-governance can be viewed as a set of three distinct Covid-19
pandemic has restricted the ability of the public and public institution to
physically assemble and debate matters of national importance. Almost
all of the government machinery and public & private institutions have
been brought to halt due to lockdown and social distancing norms.

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 Working remotely is the new normal and in this scenario,
information empowerment becomes fundamental to a successful
democracy. The advent of Information and Communication Technology
(ICT) has nurtured the swift emergence of a global Information
Society that is changing the way people live, learn, work and
communicate. Therefore, to sustain the institution of democracy, the
government should redefine its Information and Communication
Technology (ICT) policy and make it more innovative with the active
participation of development organisations. In the present scenario, the
role of technology becomes more significant in good governance and
public service delivery.
The “e” in e-Governance stands for ‘electronic’. Thus, e-
Governance is basically associated with carrying out the functions and
achieving the results of governance through the utilization of ICT
(Information and Communications Technology).While Governance
relates to safeguarding the legal rights of all citizens, an equally
important aspect is concerned with ensuring equitable access to public
services and the benefits of economic growth to all. It also ensures
government to be transparent in its dealings, accountable for its
activities and faster in its responses as part of good governance.
However, this would require the government to change itself as its
processes, its outlook, laws, rules and regulations and also its way of
interacting with the citizens. It would also require capacity building within
the government and creation of general awareness about e-Governance
among the citizens
ICT provides efficient storing and retrieval of data, instantaneous
transmission of information, processing information and data faster than
the earlier manual systems, speeding up governmental processes,
taking decisions expeditiously and judiciously, increasing transparency
and enforcing accountability. It also helps in increasing the reach of
government both geographically and demographically. In India, the main
thrust for e-Governance was provided by the launching of NICNET in
1987 the national satellite-based computer network. This was followed
by the launch of the District Information System of the National
Informatics Centre (DISNIC) programme to computerize all district
offices in the country for which free hardware and software was offered
to the State Governments. NICNET was extended via the State capitals
to all district headquarters by 1990. In the ensuing years, with ongoing
computerization, tele-connectivity and internet connectivity established a
large number of e-Governance initiatives, both at the Union and State
levels.

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E-Democracy:
E-democracy is a term that elicits a wide range of reactions. E-
Democracy is the use of information and communications technologies
and strategies by “democratic sectors” within the political processes of
local communities, states/regions, nations and on the global stage. The
“democratic sectors” include the following democratic actors:
Governments, Elected officials, Media (and major online Portals),
Political parties and interest groups, Civil society organizations,
International governmental organizations, Citizens/voters (Steven Clift,
2003)
E-Governance:
There are distinct differences in how representative institutions
and elected officials use ICTs compared to administrative agencies and
departments. The use of ICTs by parliaments, heads of
state/government, and local councils (and elected officials in these
institutions) lags significantly behind the administrative-based e-
government service and portal efforts. This is a services first, democracy
later approach. This focus of e-government resources on services does
not mean that e-democracy is not gaining increased attention in some
governments. In fact, leading e-service governments are now at a point
where they are exploring their e-democracy responsibilities more
seriously.
Goals for e-government in governance that promote democracy and
effective governance include:
1. Improved government decisions
2. Increased citizen trust in government
3. Increased government accountability and transparency
4. Ability to accommodate the public will in the information-age
5. To effectively involve stakeholders, including NGOs, business, and
interested citizen in new ways of meeting public challenges.
15.2 SMART GOVERNANCE
 Simple — implies simplification of rules and regulations of the
government and avoiding complex processes with the application
of ICTs and therefore, providing a user-friendly government.
 Moral — meaning the emergence of a new system in the
administrative and political machinery with technology interventions
to improve the efficiency of various government agencies.

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 Accountable — develop effective information management
systems and other performance measurement mechanisms to
ensure the accountability of public service functionaries.
 Responsive — Speed up processes by streamlining them, hence
making the system more responsive.
 Transparent — providing information in the public domain like
websites or various portals hence making functions and processes
of the government transparent.
15.3 INTERACTIONS IN E-GOVERNANCE

There are 4 kinds of interactions in e-governance, namely:

1. G2C (Government to Citizens):Interaction between the government
and the citizens. This enables citizens to benefit from the efficient
delivery of a large range of public services. Expands the accessibility
and availability of government services and also improves the quality
of services. The primary aim is to make the government citizen-
friendly.
2. G2B (Government to Business): It enables the business
community to interact with the government by using e-governance
tools. The objective is to cut red-tapism which will save time and
reduce operational costs. This will also create a more transparent
business environment when dealing with the government. The G2B
initiatives help in services such as licensing, procurement, permits
and revenue collection.
3. G2G (Government to Government):Enables seamless interaction
between various government entities. This kind of interaction can be
between various departments and agencies within government or
between two governments like the union and state governments or
between state governments. The primary aim is to increase
efficiency, performance and output.
4. G2E (Government to Employees):This kind of interaction is
between the government and its employees.ICT tools help in making
these interactions fast and efficient and thus increases the
satisfaction levels of employees.
15.4 E-GOVERNANCE INITIATIVES
Steps taken to promote e-governance in India are as follows:
 A National Task Force on Information Technology and Software
Development was set-up in 1998.

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 The Ministry of Information Technology was created at the Centre
in 1999.
 A 12-point agenda was listed for e-Governance for implementation
in all the central ministries and departments.
 The Information Technology Act (2000) was enacted. This Act was
amended in 2008.
 The first National Conference of States’ IT Ministers was organised
in the year 2000, for arriving at a Common Action Plan to promote
IT in India.
 Government set-up NISG (National Institute for Smart
Government).
 The state governments launched e-Governance projects like e-
Seva (Andhra Pradesh), Bhoomi (Karnataka), and so on.
 The National e-Governance Plan (NeGP) was launched. It consists
of 31 Mission Mode Projects (MMPs) and 8 support components.
 The National Policy on Information Technology (NPIT) was
adopted in 2012.
15.4.1 GOVERNMENT TO CITIZEN (G2C) INITIATIVES
 Computerization of Land Records: In collaboration with NIC.
Ensuring that landowners get computerized copies of ownership,
crop and tenancy and updated copies of Records of Rights (RoRs)
on demand.
 Bhoomi Project: Online delivery of Land Records. Self-sustainable
e-Governance project for the computerized delivery of 20 million
rural land records to 6.7 million farmers through 177 Government-
owned kiosks in the State of Karnataka.
 Gyandoot: It is an Intranet-based Government to Citizen (G2C)
service delivery initiative. It was initiated in the Dhar district of
Madhya Pradesh in January 2000 with the twin objective of
providing relevant information to the rural population and acting as
an interface between the district administration and the people.
 Lokvani Project in Uttar Pradesh: Lokvani is a public-private
partnership project at Sitapur District in Uttar Pradesh which was
initiated in November, 2004. Its objective is to provide a single
window, self-sustainable e-Governance solution with regard to
handling of grievances, land record maintenance and providing a
mixture of essential services.

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 Project FRIENDS in Kerala: FRIENDS (Fast, Reliable, Instant, and
Efficient Network for the Disbursement of Services) is a Single
Window Facility providing citizens the means to pay taxes and other
financial dues to the State Government. The services are provided
through FRIENDS JanasevanaKendrams located in the district
headquarters.
 e-Mitra Project in Rajasthan: e-Mitra is an integrated project to
facilitate the urban and the rural masses with maximum possible
services related to different state government departments through
Lokmitra-JanmitraCenters/Kiosks.
 e-Seva (Andhra Pradesh): This project is designed to provide
‘Government to Citizen’ and ‘e-Business to Citizen’ services. The
highlight of the eSeva project is that all the services are delivered
online to consumers /citizens by connecting them to the respective
government departments and providing online information at the
point of service delivery.
 Admission to Professional Colleges – Common Entrance Test
(CET): With the rapid growth in the demand as well as supply of
professional education, the process of admission to these
institutions became a major challenge in the early 1990s. Recourse
was then taken to ICT to make the process of admission transparent
and objective. One of the pioneering efforts was made by
Karnataka. The State Government decided to conduct a common
entrance test based on which admission to different colleges and
disciplines was made.
15.4.2 GOVERNMENT TO BUSINESS (G2B) INITIATIVES
 e-Procurement Project in Andhra Pradesh and Gujarat:
To reduce the time and cost of doing business for both vendors
and government.
 MCA 21: By the Ministry of Corporate Affairs. The project aims at
providing easy and secure online access to all registry related
services provided by the Union Ministry of Corporate Affairs to
corporates and other stakeholders at any time and in a manner that
best suits them.
15.4.3 GOVERNMENT TO GOVERNMENT (G2G) INITIATIVES
 Khajane Project in Karnataka: It is a comprehensive online
treasury computerization project of the Government of Karnataka.
The project has resulted in the computerization of the entire treasury
related activities of the State Government and the system has the

173
 ability to track every activity right from the approval of the State
Budget to the point of rendering accounts to the government.
 SmartGov (Andhra Pradesh): SmartGov has been developed to
streamline operations, enhance efficiency through workflow
automation and knowledge management for implementation in the
Andhra Pradesh Secretariat.
National E-governance Plan
The National e-Governance Plan (NeGP) has been formulated
by the Department of Electronics and Information Technology (DEITY)
and Department of Administrative Reforms and Public Grievances
(DARPG) in 2006.The NeGP aims at improving delivery of Government
services to citizens and businesses with the following vision of making
government services to the all people in the locality, through common
service delivery outlets and ensure efficiency, transparency & reliability
of such services at affordable costs to realise the basic needs of the
common man.
15.4.4 CENTRAL GOVERNMENT INITIATIVES
 e-office: The Government of India has recognized the need to
modernize the Central Government offices through the introduction
of Information and Communications Technology. e-Office is aimed
at increasing the usage of work flow and rule based file routing,
quick search and retrieval of files and office orders, digital
signatures for authentication, forms and reporting components.
 Immigration, Visa and Foreigner’s Registration & Tracking
(IVFRT): India has emerged as a key tourist destination, besides
being a major business and service hub. Immigration Check Post is
the first point of contact that generates public and popular
perception about the country, thus necessitating a state of the art
system for prompt and user-friendly services.
 UID: The unique identification project was conceived as an initiative
that would provide identification for each resident across the country
and would be used primarily as the basis for efficient delivery of
welfare services. It would also act as a tool for effective monitoring
of various programs and schemes of the government.
 Pensions: The pensions MMP is primarily aimed at making the
pension/ retirement related information, services and grievances
handling mechanism accessible online to the needy pensioners,
through a combination of interactive and non-interactive

174
 components, and thus, help bridge the gap between the pensioners
and the government.
 Banking: The Banking MMP is yet another step towards improving
operational efficiency and reducing the delays and efforts involved
in handling and settling transactions. The MMP which is being
implemented by the banking industry aims at streamlining various e-
services initiatives undertaken by individual banks. Implementation
is being done by the banks concerned, with the banking Department
providing a broad framework and guidance.
 Posts: Modernization of Postal Services has been undertaken by
the Department of Posts through computerization and networking of
all post offices using a central server-based system, and setting up
of computerized registration centers (CRCs).
15.4.5 STATE MISSION MODE PROJECTS
 e-Governance in Municipalities: It is a unique initiative of the
Government of India conceptualized under the umbrella of the
overall National e-Governance Plan (NeGP) and the Jawaharlal
Nehru National Urban Renewal Mission (Jnnurm) aimed at
improving operational efficiencies within Urban Local Bodies
(ULBs).
 Crime and Criminal Tracking Network & Systems: Crime and
Criminal Tracking Network & Systems (CCTNS) MMP aims at
creating a comprehensive and integrated system for enhancing the
efficiency and effective policing at all levels and especially at the
Police Station level through adoption of principles of e-Governance,
and creation of a nationwide networked infrastructure for evolution
of IT-enabled state of the art tracking system.
 Public Distribution System: Computerization of the PDS is
envisaged as an end-to-end project covering key functional areas
such as supply chain management including allocation and
utilization reporting, storage and movement of food grains,
grievance redressal and transparency portal, digitization of
beneficiary database, Fair Price Shop automation, etc.
 Health: ICT for programme management has been undertaken by
the Ministry of Health & Family Welfare in the Mother and Child
Tracking System (MCTS) programme and the Ministry envisages a
more comprehensive use of ICT including for Hospital Information
Systems, supply chain management for drugs and vaccines,
providing ICT tools to ASHA and ANM workers, programme

175
 management of National Rural Health Mission (NRHM), etc through
this MMP.
 E-panchayat: The Panchayati Raj Institutions (PRIs) are saddled
with the problems of inadequate physical and financial resources,
technical capabilities and extremely limited computerization. As a
result, the potential of PRIs as the preferred delivery channel for the
schemes of State and Centre as well as for citizen services has not
been fully realized. While some computerization efforts for PRIs
have been made by NIC over the years, the e-Governance
revolution sweeping the country has not touched the PRIs yet in
significant measure. The Ministry of Panchayati Raj, Government of
India has therefore decided to take up the computerization of PRIs
on a mission mode basis.
 E-District: e-District is one of the 31 Mission Mode Projects under
National e Governance Plan (NeGP) with the DIT, GoI being the
nodal ministry. This project aims at providing support to the basic
administrative unit i.e. District Administration by undertaking
backend computerization to enable electronic delivery of high
volume citizen centric government services which would optimally
leverage and utilize the three infrastructure pillars of State Wide
Area Networks (SWAN), State Data Centers (SDC) and Common
Service Centers (CSCs) to deliver services to the citizen at his
doorsteps.
 National Land Records Modernization Programme (NLRMP):
A Project for Computerization of Land Records (CLR) was launched
in 1988-89 with the intention to remove the inherent flaws in the
manual system of maintenance and updation of Land Records. In
1997-98, the scheme was extended to tehsils to start distribution of
Records of Rights to landowners on demand. The focus of the entire
operation has always been to employ state of the art information
technology (IT) to galvanize and transform the existing land records
system of the country.
 E-procurement: Ministry of Commerce & Industry (Department of
Commerce) has been nominated as the Nodal Ministry for
implementation of e-Government Procurement (e-GP) Mission
Mode Projects (MMP). The vision of the e-Procurement MMP is “To
create a national initiative to implement procurement reforms,
through the use of electronic Government procurement, so as to
make public procurement in all sectors more transparent and
efficient”.

176
 E-Courts: The e-Court Mission Mode Project (MMP) was
conceptualized with a vision to transform the Indian judiciary by
making use of technology. The project had been developed,
following the report submitted by the e-Committee under Supreme
Court on national policy & action plan on implementation of
information communication tools in Indian judiciary. A clear objective
to re-engineer processes and enhance judicial productivity both
qualitatively and quantitatively to make the justice delivery system
affordable, accessible, cost effective, transparent and accountable.
 E-Biz: The e-Biz Mission Mode Project, being executed by
Department of Industrial Policy and Promotion (DIPP), Ministry of
Commerce and Industry, Government of India, was conceptualized
with the vision. Its vision is “To transform the business environment
in the country by providing efficient, convenient, transparent and
integrated electronic services to investors, industries and business
throughout the business life cycle”.
 Common Services Centres: The CSCs would provide high
quality and cost-effective video, voice and data content and
services, in the areas of e-governance, education, health,
telemedicine, entertainment as well as other private services. A
highlight of the CSCs is that it will offer web-enabled e-governance
services in rural areas, including application forms, certificates, and
utility payments such as electricity, telephone and water bills.
15.5 USE OF TECHNOLOGY IN GOVERNANCE
Striving for E-Legislature
 The role of Parliament and many state legislatures, as an
institution of debate, deliberation and law-making have been
disrupted due to Covid-19.
 These legislative bodies are an institution of public trust and need
to continue its role of scrutiny of government’s actions, especially
in times of crisis.
 It is here that technology-centric solutions can ensure work
continuity in law-making institutions even when meetings can’t be
held physically. For example: These online meetings of legislative
bodies will help in the furtherance of debate and deliberation on
important issues.
 The establishment of e-legislature will help in reducing the
frequent use of ordinances.
 Following this, Virtual parliament has been set up in the
democracies like the UK, New Zealand, etc.

177
Strengthening Parliamentary Committees
 It is the stoppage in the work of parliamentary committees which
needs immediate attention.
 These committees are smaller sub-groups of MPs which meet
outside the House to deliberate on issues of public importance.
The committees play a critical role as they are tasked with the in-
depth examination of government bills.
 Thus, the use of ICT platforms will enable proper functioning of
parliamentary committees.
 Also, the added advantage could be that the committee could get
to hear a wide range of stakeholders who might otherwise find it
difficult to appear in person before the committees.
Virtual Judiciary
 It is obvious that normalcy in the judicial process will not resume
in a short time, even in an early period post lockdown phase.
 Therefore, it is an opportunity of the judiciary to adopt Information
and communication technology, so that justice can reach
everyone without any delay.
 Also, by adopting initiatives like e-courts judiciary may reduce the
backlog of cases.
Promoting Participative Democracy

 There is an unprecedented opportunity for community collective

choice, whereby citizens who are affected by a set of governing
rules can help to select and frame policy, rank spending priorities,
and can, in partnership with their local government
representatives,
 Such Mechanism may help in strengthening Social audit. For
example, citizens can directly give suggestions to the government
on myGOV platform.
Implementing Good Governance

 Information Technology has ensured that a policy decision taken

by the government can be quickly executed and implemented at
multiple locations, across the length and breadth of the country.
 It also ensures transparency, accountability while assuring quick
and effective responsiveness of government to citizens’ problems
and suggestions.

178
Achieving Sustainable Development Goals
Government has taken much of the e-governance initiatives for
effective public service delivery. Also, when combined with emerging
technologies, it can help in achieving sustainable development goals.
This disruption caused by the pandemic has provided an opportunity for
the public institutions to leverage technological ability and steps up to
fulfill the constitutional duty. This will require the setting up of principles
for ensuring participation, security and robust technology. In order to
bring in innovations and new paradigms in the administration of justice,
there is a need to focus on 6Cs of IT i.e. Computer density,
Communication, Connectivity, Cyber laws, Cost and Commonsense to
emerge as an effective and well-governed country in the twenty-first
century.
15.6 CHALLENGES IN USE OF ICT FOR GOOD GOVERNANCE
Many e-governance initiatives aiming at enhancing citizen
participation and engagement have not fulfilled the potential offered by
new technologies, and many of them have manifested a regression
towards improved information provision models of e-governance. This is
mainly due to the lack of institutional and legal e-readiness, as well as
the lack of political will to fully explore the potential offered by ICTs.
Another important challenge lies in putting in place necessary
infrastructure, creating conditions for capacity building and awareness-
raising, and in defining a clear vision and strategic goals of e-
governance implementation. In addition, lack of awareness on behalf of
both the local population and policy-makers on the role ICTs play in
enhancing good governance and local development is often reported.
The basic problem is that people simply do not see in concrete, practical
terms how ICTs can make a difference to their lives, and how they can
contribute to their development as individuals and as citizens of a
country.
LET US SUM UP
We have seen how the concept of e-governance and m-governance has
evolved in Indian scenario and how much it is required for transparency
and accountability on the part of government and at the same time it is
also a toll to increase the participation of people in policy making by
empowering them with the right information at right time. The penetration
of internet, telecommunication services in India has increased in the last
decade and this gives a ray of hope to the citizens of India to fight with
the long persisting problems of poverty, corruption, regional disparity
and unemployment. But at the same time, due to slow pace of project

179
completion, red-tape and resistance from the side of government
employees and citizens too has not given the desired result.
CHECK YOUR PROGRESS

1. In India, the main thrust for e-Governance was provided by the

launching of ________ in 1987 the national satellite-based
computer network.
2. ___________ is the use of information and communications
technologies and strategies by “democratic sectors” within the
political processes of local communities, states/regions, nations
and on the global stage.
3. The G2B initiatives help in services such as licensing,
procurement, permits and _____________.
4. A National Task Force on Information Technology and Software
Development was set-up in _______.
5. The Information Technology Act (2000) was enacted. This Act was
amended in ______.
GLOSSARY
E-Democracy : E-democracy also known as digital democracy or
Internet democracy is the use of information and
communication technology (ICT) in political and
governance.
E-Governance : E-government refers to the use of the ICTs in
public administration which, when combined with
organizational change and new skills.
ICT : ICT, or information and communications
technology (or technologies), is the infrastructure
and components that enable modern computing.
ANSWER TO CHECK YOUR PROGRESS
1. NICNET.
2. E-Democracy.
3. Revenue collection.
4. 1998.
5. 2008.

180
MODEL QUESTIONS
1. Explain the role of ICT and Good Governance.
2. Analyse the levels of interactions in e-Governance.
3. Write an essay on the various e-Governance initiatives in India.
4. What are the challenges in the application of ICT in good
governance in India?
SUGGESTED READINGS
1. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
2. Ramesh K.Arora (2012), Indian Public Administration: Institutions
and Issues, New age international publishers, 3rd edition.
3. Mohit Bhattacharya (2018), New Horizons of Public Administration,
Jawahar Publishers & Distributors, New Delhi.

181
 TAMILNADU OPEN UNIVERSITY
B.A. Public Administration (BPAS - 11)
Introduction to Public Administration
Model Question Paper
Time:3Hrs Max Marks:70
PART –A (3 x 3 =9)
Answer any THREE questions in 100 words each. Each question
carries 3 marks
1. Define Public Administration.
2. Explain the meaning of Hierarchy.
3. Write the meaning of formal organization.
4. State the purpose of boards and commissions.
5. Describe the concept of welfare state.
PART –B (3 x 7 =21)
Answer any THREE questions in 200 words each. Each question
carries 7 marks
6. Discuss public administration is an art or science.
7. Distinguish difference between principles of between formal and
informal organisations.
8. Explain the principles in department type of organisation.
9. Analyse the various merits and demerits of independent regulatory
commissions.
10. Describe the various types of welfare states.
PART- C (4 x 10 =40)
Answer any FOUR questions in 500 words each. Each question
carries 10 marks
11. Enumerate the different stages in the evolution of Public
Administration.
12. Compare the principles, merits and demerits of centralization and
decentralization.
13. Analyse the Marxian approach to the study of Public Administration.
14. Write an essay regulatory commission in India.
15. Describe the various recommendations of ARC towards public
corporations in India.
16. Describe measures for good governance that the government of
India has taken.
17. Examine the various e – Governance initiatives in India.

182
183
 B.A., Public Administration
First Year

BPAS -12

MODERN ADMINISTRATIVE SYSTEMS

SYSTEMS-I

(UK, USA, FRANCE)

SCHOOL OF POLITICS AND PUBLIC ADMINISTRATION

TAMIL NADU OPEN UNIVERSITY

577, ANNA SALAI, SAIDAPET, CHENNAI - 15

OCTOBER 2021
 Name of Programme BA Public Administration

Name of the Course Code with BPAS -12 MODERN ADMINISTRATIVE SYSTEM
Title - I (UK., USA., France)

Curriculum Design Dr. R. Arumugam Assistant Professor, SOPPA

Course Writer Dr. Anbu arumugam

Content Editor Dr. Anbu arumugam

Course Coordinator Dr. R. Arumugam

Translator Dr. D. Prema

October 2021 (First Edition)

Reprint (Year)

ISBN No: 978-93-95914-27-7

© Tamil Nadu Open University, 2021

All rights reserved. No part of this work may be reproduced in any form, by mimeograph
or any other means, without permission in writing from the Tamil Nadu Open University.
Course Writer is the responsible person for the contents presented in the Course
Materials.

Further information on the Tamil Nadu Open University Academic Programmes may be
obtained from the University Office at 577, Anna Salai, Saidapet, Chennai-600 015 [or]
www.tnou.ac.in

Printed by: R.K, 11 Virudhungar District Co-Operative Printing press LTD

Virudhunagar - 626003
 BPAS-12 MODERN ADMINISTRATIVE SYSTEM - I (UK, USA, France)
Scheme of Lesson
Block I: Introduction
Unit-1 Definition of Constitution and Meaning of State
Unit-2 Types of Constitutions
Unit-3 Rule of Law and Administrative Law
Unit-4 Party system – Convention and Usages
Block II: U.K Administrative System
Unit-5 Salient Features of British Administrative System
Unit-6 Executive – Monarchy
Unit-7 Prime Minister and Cabinet
Unit-8 Legislature – Parliament – House of Commons & House of Lords
Unit-9 Judiciary
Unit10 Party System and Pressure Groups
Unit-11 British Civil services
Block- III: U.S.A Administrative System
Unit-12 Salient Features of American Administrative system
Unit-13 President – Congress – House of Representatives and Senate
Unit-14 Federal Judiciary – Supreme Court
Unit-15 Judicial Review
Unit-16 Separation of Powers
Unit-17 Checks and Balances
Unit-18 Party System in USA
Block-IV: French Administrative System
Unit-19 Salient features of the Constitution
Unit-20 President of the Republic
Unit-21 Prime Minister- Parliament- law making Procedure
Unit-22 Judiciary and Administrative Law
Unit-23 Party System and Public Services
Block-V: Comparative Local Governments
Unit-24 Comparison of Local Governments – UK – USA – France
Books Recommended
1. R. Hague and M. Harrop, (2000), Comparative Government and Politics: An Introduction,
5thedn, Palgrave publications, New York.
2. G. Almond, Harper/ Collins, et.al, (2000) Comparative Political Today: A worldview,
7thedn.London.
3. U.N. Gupta, (2009), Select world Constitution, New Delhi, Atlantic.
4. A. Sharma R. P. Gajanan, (2011) Modern Public Administration, Crescent Publishing
House.
5. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya Bhawan Publishers,
New Delhi.
 BPAS-12 MODERN ADMINISTRATIVE SYSTEM-I (UK, USA, France)
Scheme of Lesson

Block I Introduction 1
Unit-1 Definition of Constitution and Meaning of State 2 – 10
Unit-2 Types of Constitutions 11 – 20
Unit-3 Rule of Law and Administrative Law 21 – 29

Unit-4 Party system – Convention and Usages 30 – 39

Block II U.K Administrative System 40
Unit-5 Salient Features of British administrative 41 – 49
system
Unit-6 Executive – Monarchy 50 – 57
Unit-7 Prime Minister and Cabinet 58 – 67
Unit-8 Legislature – Parliament – House of 68 – 77
Commons & House of Lords
Unit-9 Judiciary 78 – 88
Unit-10 Party System and Pressure Groups 89 – 98
Unit-11 British Civil services 99 – 108
Block III U.S.A Administrative System 109
Unit-12 Salient Features of American Administrative 110 – 121
System
Unit-13 President – Congress – House of 122 – 134
Representatives and Senate
Unit-14 Federal Judiciary – Supreme Court 135 – 141
Unit-15 Judicial Review 142 – 149
Unit-16 Separation of Powers 150 – 156
Unit-17 Checks and Balances 157 – 163
Unit-18 Party System in USA 164 - 172
Block IV French Administrative System 173
Unit-19 Salient features of the Constitution 174 – 184
Unit-20 President of the Republic 185 – 191
Unit-21 Prime Minister - Parliament - law making 192 – 201
Procedure
Unit-22 Judiciary and Administrative Law 202 – 211
Unit-23 Party System and Public Services 212 – 220
Block V Comparative Local Governments 221
Unit-24 Comparison of Local Governments – UK – 222 – 232
USA - France
Model Question Paper 233
Plagiarism Report 234
 18.10.2021

My Dear Beloved Learners!

Vanakkam,
The Tamil Nadu Open University (TNOU) that is marching towards the motto
‘Education for Anyone at Anytime’ is very much pleased to cordially invite you to
join in it’s noble educational journey.
It is impressive that every one of you can feel proud yourself for studying
in the University which is duly recognised by the UGC-DEB, New Delhi for offering
academic Programmes through open and distance mode. As you are aware, the
Government of Tamil Nadu vide G.O (Ms) No.107 dated 18.08.2009 have assured
that the degrees issued by the University under 10+2+3 pattern are duly eligible for
government jobs.
The University has designed it’s overhauled curricula, updated syllabi
and revised Self-Learning Materials (SLMs) with the unwavering support of ripe
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The TNOU constantly supports you for not only completion of your Programme
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At this momentous juncture, I wish you all bright and future endeavours.

With warm regards,

(K. PARTHASARATHY)
 Block I
Introduction

Unit - 1 Definition of Constitution and Meaning of State

Unit - 2 Types of Constitutions
Unit - 3 Rule of Law and Administrative Law
Unit - 4 Party system – Convention and Usages

1
UNIT - 1

DEFINITION OF CONSTITUTION AND MEANING OF STATE

STRUCTURE
Overview
Learning Objectives
1.1 Meaning of Constitution
1.2 Definition of Constitution
1.3 Definition of Constitution by different political thinkers
1.4 Meaning of State
1.5 State under Indian Constitution
1.6 Meaning of State in Constitution
1.7 Understanding Meaning of State under Article 12
1.8 Definition of State under Article 12
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model questions
Suggested readings
OVERVIEW

A constitution may be said to be a collection of principles

according to which the powers of the government, the rights of the
governed, and the relations between the two are adjusted. In other
words, it may be described as a frame of political society organised
through and by law, in which law has established permanent institutions
with recognised functions and definite rights.” By all means, it is a legal
document known by different names like ‘rules of the state’, ‘instrument
of government’, ‘fundamental law of the land’, ‘basic statute of the polity’,
‘cornerstone of the nation-state’ and the like. In this unit, we will discuss
about the definition of state and constitution.

2
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand Constitution and its importance.
 Know the nature and Scope of Constitutions.
 Learn the meaning of State within the Indian Constitution.
1.1 MEANING OF CONSTITUTION

The rules of a constitution may be in a written form, whether in

detail or in brief, or most of them may be in the form of maxims, usages,
precedents and customs, it is essential that these rules as a whole
determine the organisation and working of the government of a state. It
may be a deliberate creation on paper in the form of a single document
prepared by some assembly or convention, or it may be in the form of a
bundle of documents having authority of the law of the state the best
example of which may be seen in the case of the English constitution.
According to K.C. Wheare, “the word ‘constitution’ is commonly used in
at least two senses in an ordinary discussion of political affairs.
First of all, and partly non-legal or extra-legal, taking the form of
usages, understandings, customs, or conventions which courts do not
recognise as law but which are no less effective in regulating the
government than the rules of law strictly called. In most countries of the
world the system of government is composed of this mixture of legal and
non-legal rules and it is possible to speak of this collection of rules as
the „constitution.” It is used to describe the whole system of the
government of a country, the collection of rules which establish and
regulate or govern the government. These rules are partly legal, in the
sense, that the courts of law will recognise and apply them.
1.2 DEFINITION OF CONSTITUTION

A constitution is a basic design, which deals with the structure

and powers of government. It also includes the rights and duties of
citizens. Often a ‘constitution’ is understood as a document that is
written and accepted at a particular time, but it is not the true meaning of
the constitution, the constitution may be written or unwritten. Sometimes
it is found as an established body of rules, maxims, traditions, and
practices according to which its government is organized and its powers
are being exercised.
Every country should have a constitution because it helps and
guides in the operation of a country. History suggests that since the
origin of countries there have been some sort of rules and laws to

3
maintain order and harmony. In every country it is necessary to be
democratic or autocratic that rules should be accepted which will
determine the role and Organisation of political institutions to save the
society from chaos. And now, in modern states, these rules took the
form of a constitution.
1.3 DEFINITION OF CONSTITUTION BY DIFFERENT POLITICAL
THINKERS
1. Aristotle: – According to him, definition of constitution is the way
by which all citizens or constituent parts of the state are organized
in relation to each other
2. Sir James Mackintosh: – By the state constitution, a body of
written or unwritten fundamental laws means those which regulate
the most important rights of the High Magistrate which are the most
essential privileges of subjects.
3. George Cornwell Lewis: – He defined constitution as “system and
distribution of sovereign power as community or government”.
4. Leacock: – According to him, “Constitution is the form of
government”.
5. Austin: – stated the definition of constitution as, “It fixes the
structure of supreme government.”
Therefore, based on the above definitions, we can say that, the
constitution is the fundamental law of the land. Constitution may be
written or unwritten. The constitution deals with the structure and power
of government. The constitution deals with the rights of citizens. The
constitution deals with the relationship between governments and
governed. The constitution is the supreme law that must be followed.
1.4 MEANING OF STATE

It is significant that though some sort of political Organisation has

existed since ancient times, such as Greek city-states and the Roman
empire, yet the concept of the 'state' as such is comparatively modern.
The contemporary concept of the state owes its origin to Machiavelli
(1469-1527) who expressed this idea in early sixteenth century as 'the
power which has authority over men' (The Prince; 1513). This was an
important idea because it describes the nature of the state, not the end
of the state which was a question of political philosophy rather than
political sociology or political science. This peculiar feature of the state
has been the focus of attention of many recent thinkers.

4
 Max Weber (1864-1920), a famous German sociologist, sought
to evolve a 'sociological' definition of the state: Sociologically, the state
cannot be defined in terms of its ends. Ultimately, one can define the
modern state sociologically only in terms of the specific means peculiar
to it, as to every political association, namely the use of physical force.
From this standpoint, Weber arrives at the following definition which is
widely acknowledged in modern political theory: 'A State is a human
community that (successfully) claims the monopoly of the legitimate use
of physical force within a given territory'.
R.M. Maclver, in his famous work The Modern State (1926),
sought to distinguish the state from other kinds of associations in that it
embraces the whole of people in a specific territory and it has the special
function of maintaining social order. It performs this function through its
agent, the government 'which speaks with the voice of law'. Similarly,
R.M. Maclver and C.H. Page (Society: An Introductory Analysis; 1950)
have observed: "The state is distinguished from all other associations by
its exclusive investment with the final power of coercion." Harold J.
Laski, in An Introduction to Politics (1931), similarly points out: Whereas
all other associations are voluntary in character, and can bind the
individual only as he chooses membership of them, once he is a resident
of some given state, legally he has no choice but to obey its commands.
The state, so to say, is the crowning-point of the modern social edifice,
and it is in its supremacy over all other forms of social grouping that its
special nature is to be found.
As used in political science, the word state means a community
or society politically organized under one independent government
within a definite territory and subject to no outside control. There can be
no community without the people to form one, and no common life
without some definite piece of territory to live in. When people live a
collective life, they fulfil the meaning of Aristotle's famous phrase, "Man
is a social animal" and when they live a settled life on a definite territory
to realize the purpose of collective living, they fulfil the meaning of
Aristotle's second famous phrase, "Man is a political animal". The people
are bound by rules of common behaviour and their violation is
accompanied by punishment. That is the state. Society meets man's
companionship; the state solves the problem created by such
companionship. Therefore, the state is some form of association with
some special characteristics particularly that of its territorial connection
and of its use offered. It is charged with the duty to maintain those
conditions of life for which the state came into existence and for which it
continues to exist.

5
 Therefore, the state is a natural, a necessary, and a universal
institution. It is natural because it is rooted in the reality of human nature.
It is necessary because, according to Aristotle, "The state comes into
existence originating in the bare needs of life and continuing in existence
for the sake of good life". Man needs the state to satisfy his diverse
needs and to be what he desires to be. Without the state he cannot rise
to the full stature of his personality. In fact, in the absence of such a
controlling and regulating authority, society cannot be held together and
there will be disorder and anarchy. What food means to the human body
the state means to man. Both are indispensable for his existence and
development. The state has exists whenever and wherever man has
lived in and organized society.
1.5 STATE UNDER INDIAN CONSTITUTION
Part III of the Constitution deals with Fundamental Rights which
are the restriction on the power of the legislature, executive and judiciary
that, no one can encroach upon this part. In order to define the scope of
these rights and the scope of remedy under Article 32 constitution
makers have defined “State” in the beginning as under:
“the Government and the Parliament of India and the Government and
the Legislature of each of the State and all local or other authority within
the territory of India or under the control of the Government of India”.
Therefore to understand the expanded meaning of the term
“other authorities” in Article 12, it is necessary to trace the origin and
scope of Article 12 in the Indian Constitution. Present Article 12 was
introduced in the Draft Constitution as Article 7. While initiating a debate
on this Article in the Draft Constitution in the Constituent Assembly,
Dr.Ambedkar described the scope of this Article and the reasons why
this Article was placed in the Chapter on fundamental rights as followed:
“The object of fundamental rights is twofold.
First, that every citizen must be in a position to claim those rights.
Secondly, they must be binding upon every authority which has got
either the power to make laws or the power to have discretion vested in
it. Therefore, it is quite clear that if the fundamental rights are to be clear,
then they must be binding not only upon the Central Government they
must not only be binding upon the Provincial Government, they must not
only be binding upon the Governments established in the Indian States,
they must also be binding upon District Local Boards, Municipalities,
even village Panchayats and taluk boards, in fact every authority which
has been created by law and which has got certain power to make laws,
to make rules, or make bye-laws.

6
 From the above, it is seen that the intention of the Constitution
framers in incorporating this Article was to treat such authority which has
been created by law and which has got certain powers to make laws to
make rules and regulations to be included in the term “other authority” as
found presently in Article 12. This definition has given birth to series of
judgments and cases primarily due to inclusion of words “authority” in
the last part of the definition. Attempts have been made to determine the
scope this word initially the definition of State was treated as exhaustive
and confined to the authorities or those which could be read
ejusdegeneris with the authorities mentioned in the definition of Article
12 itself.
The next stage was reached when the definition of ‘State’ came
to be understood with reference to the remedies available against it. For
example, historically, a writ of mandamus was available for enforcement
of statutory duties or duties of a public nature. Thus a statutory
corporation, with regulations farmed by such Corporation pursuant to
statutory powers was considered a State, and the public duty was limited
to those which were created by statute. The decision of the Constitution
Bench of this Court in Rajasthan Electricity Board v. Mohan Lal and Ors
is illustrative of this. The question there was whether the Electricity
Board which was a corporation constituted under a statute primarily for
the purpose of carrying on commercial activities could come within the
definition of ‘State’ in article 12.
1.6 MEANING OF THE STATE IN CONSTITUTION
According to Article 12 of the Constitution of India, the term
‘State’ can be used to denote the union and state governments, the
Parliament and state legislatures and all local or other authorities within
the territory of India or under the control of the Indian government. Over
the period of time, the Supreme Court has explained the ambit of ‘State’
to include Corporation such as LIC and ONGC since they perform tasks
“very close to governmental or sovereign functions.” In fact, the term
‘State’ also accommodates any authority that’s created by the
Constitution of India and has the power to make laws. It need not
perform governmental or sovereign functions.

7
1.7 UNDERSTANDING THE MEANING OF ‘STATE’ UNDER
ARTICLE 12

Executive and legislature of Union and states include union and

state governments along with Parliament and State legislatures. The
President of India and Governors of states can also be referred as
‘State’ as they are a part of the executive. The term ‘government’ also
includes any department of government or any institution under its
control. The Income Tax Department and the International Institute for
Population Sciences could be cited as examples. ‘Local authorities’, as
used in the definition, refers to municipalities, Panchayats or similar
authorities that have the power to make laws & regulations and also
enforce them. The expression ‘Other authorities’ could refer to any entity
that exercises governmental or sovereign functions.
1.8 DEFINITION OF STATE UNDER ARTICLE 12

Article 12 defines the term ‘State’ as used in different Articles of

Part III of the Constitution. It says that unless the context otherwise
requires the term ‘State’ includes the following
1. The Government and Parliament of India, i.e., Executive and
Legislature of the Union.
2. The Government and Legislature of each State, i.e., Executive and
Legislature of State.
3. All local and other authorities within the territory of India.
4. All local and other authorities under the control of the Government
of India.
The term ‘State’ thus includes executives as well as the legislative
organs of the Union and States. It is, therefore, the actions of these
bodies that can be challenged before the courts as violating fundamental
rights.
a) Authorities – According to Webster’s Dictionary; “Authority” means a
person or body exercising power to command. In the context of Article
12, the word “authority” means the power to make laws, orders,
regulations, bye-laws, notification etc. which have the force of law and
power to enforce those laws.
b) Local Authorities - ‘Local authorities’ as defined in Section 3 (31) of
the General Clause Act refers to authorities like Municipalities, District
Boards, Panchayats, Improvement Trust and Mining Settlement Boards.

8
In Mohammed Yasin v. Town Area Committee, the Supreme Court held
that the bye-laws of a Municipal Committee charging a prescribed fee on
the wholesale dealer was an order by a State authority contravened
article 19 (1) (g). These bye-laws I effect and in substance have brought
about a total stoppage of the wholesale dealer’s business in the
commercial sense. In Sri Ram vs. The Notified Area Committee, a fee
levied under Section 29 of the U.P. Municipalities Act, 1919, was held to
be invalid.
c) Other authorities - in Article 12 the expression ‘other authorities’ is
used after mentioning a few of them, such as, the Government,
Parliament of India, the Government and Legislature of each of the State
and all local authorities. In University of Madras v. Santa Bai, the Madras
High Court held that ‘other authorities’ could only mean authorities
exercising governmental or sovereign functions. It cannot include
persons, natural or juristic, such as, a University unless it is ‘maintained
by the State’.
In Article 12 the bodies specifically named are the Government of
the Union and the States, the Legislature of the Union and the States
and local authorities. There is no common genus running through these
named bodies nor can these bodies so placed in one single category on
any rational basis.
LET US SUM UP
We have read about the meaning, development and kinds of
constitutions convinces us with this important axiom of political theory
that every state must have a constitution of its own. It is indispensable
even for the states in which a regime of the most primitive type or
despotism of the worst sort prevails. Jellineck is right in holding that a
state without a constitution would not be a state but a regime of anarchy.
In all times, whether ancient, medieval, or modern, constitutions have
existed in some form irrespective of the fact that the rulers acted in the
most autocratic manner. Evidence shows that in the days of ancient
Greece, Aristotle could have a study of about 158 constitutions. Even
during Middle Ages constitutions existed, though in a very crude form, if
we compare them with present standards. A remarkable change has
taken place in modern times when the constitution of state is given
utmost sanctity. It is lauded as the ‘cornerstone’ of a democratic nation-
state; even the non-democratic states have their own set of rules which
they call ‘a charter’ or ‘a manifesto’ of the ideology of their state
apparatus.

9
CHECK YOUR PROGRESS
1. A constitution is a basic design, which deals with the structure and
powers of _______________.
2. Constitution as a system and distribution of sovereign power as
community or government defined by _________________.
3. Dr. Ambedkar described the scope of article 12 in the drafting
constitution of ___________________.
4. ____________ means a person or body exercising power to
command.
GLOSSARY
Constitution : Written or Unwritten document for a population.
Administration : Function of a political state in exercising duties.
Article : The main element or clause of a Constitution.
Constitutional Order : Power is “tamed” by making it less
consequential.
ANSWERS TO CHECK YOUR PROGRESS
1. Government.
2. George Cornwell Lewis.
3. Constituent assembly.
4. Authority.
MODEL QUESTIONS

1. Discuss the meaning, nature and scope of State.

2. Critically analyze the meaning of the State.
3. Explain the rationale of having a Constitution.
4. Bring out the meaning of State under Indian Constitution.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. A. Sharma & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

10
UNIT - 2

TYPES OF CONSTITUTIONS
STRUCTURE
Overview
Learning Objectives
2.1 Introduction
2.2 Importance of Constitutions
2.3 Political Thinkers and Constitutions
2.4 Need of a Constitution
2.5 Essentials of Good Constitution
2.6 Process of Growth
2.7 Kinds of Constitution
2.7.1 Written & Unwritten Constitution
2.7.2 Evolved & Enacted Constitution
2.7.3 Rigid & Flexible Constitution
2.7.4 Unitary & Federal Constitution
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

In simple terms, the constitution of a state may be defined as a

body of rules and regulations, written as well as unwritten, whereby the
government is organised and it functions. It is another matter that in
order to meet the requirements of a democratic order, a constitution
embodies some more principles specifying relationship between the
individuals and their state in the form of a specific charter of their
fundamental rights and obligations. Thus, a constitution “may be said to
be a collection of principles according to which the powers of the
government, the rights of the governed, and the relations between the
two are adjusted.” In other words, it may be described as a frame of

11
political society organised through and by law, in which law has
established permanent institutions with recognized functions and definite
rights.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand the importance of Constitutions.
 Know the need for Constitutions.
 Examine the scope of Constitutions.
2.1 INTRODUCTION

The rules of a constitution may be in a written form, whether in

detail or in brief, or most of them may be in the form of maxims, usages,
precedents and customs, it is essential that these rules as a whole
determine the organisation and working of the government of a state. It
may be a deliberate creation on paper in the form of a single document
prepared by some assembly or convention, or it may be in the form of a
bundle of documents having authority of the law of the state the best
example of which may be seen in the case of the English constitution.
According to K.C.Wheare, “the word “constitution” is commonly used in
at least two senses in an ordinary discussion of political affairs.
First of all, and partly non-legal or extra-legal, taking the form of
usages, understandings, customs, or conventions which courts do not
recognise as law but which are no less effective in regulating the
government than the rules of law strictly called. In most countries of the
world the system of government is composed of this mixture of legal and
nonlegal rules and it is possible to speak of this collection of rules as the
‘constitution’. It is used to describe the whole system of the government
of a country, the collection of rules which establish and regulate or
govern the government. These rules are partly legal, in the sense, that
the courts of law will recognise and apply them.
2.2 IMPORTANCE OF CONSTITUTIONS

A constitution is a basic design, which deals with the structure

and powers of government. It also includes the rights and duties of
citizens. Often a ‘constitution’ is understood as a document that is
written and accepted at a particular time, but it is not the true meaning of
the constitution, the constitution may be written or unwritten. Sometimes
it is found as an established body of rules, maxims, traditions, and
practices according to which its government is organized and its powers
are being exercised.

12
 Every country should have a constitution because it helps and
guides in the operation of a country. History suggests that since the
origin of countries there have been some sort of rules and laws to
maintain order and harmony. In every country it is necessary to be
democratic or autocratic that rules should be accepted which will
determine the role and Organisation of political institutions to save the
society from chaos. And now, in modern states, these rules took the
form of a constitution.
2.3 POLITICAL THINKERS & CONSTITUTIONS
1. Aristotle: – According to him, definition of constitution is the way
by which all citizens or constituent parts of the state are organized
in relation to each other.
2. Sir James Mackintosh: – By the state constitution, a body of
written or unwritten fundamental laws means those which regulate
the most important rights of the High Magistrate which are the most
essential privileges of subjects.
3. George Cornwell Lewis: – He defined constitution as “system and
distribution of sovereign power as community or government”.
4. Leacock: – According to him, “Constitution is the form of
government”.
5. Austin: – stated the definition of constitution as, “It fixes the
structure of supreme government.”
2.4 NEED OF A CONSTITUTION
Since the days of the American Revolution (1776), the idea of a
constitution as an essential and important document was firmly rooted in
every country. Today the constitution has become the foundation of
democracy.
A constitution is required for the various reasons listed below: –
 To protect the rights of individuals
 For the establishment of the principle of ‘rule of law’.
 To save the state from anarchy.
 To define the operation of sovereign power of the state.
 To limit the vagaries of present and future generations.
 Curbing the powers of government by fundamental law.
2.5 ESSENTIALS OF A GOOD CONSTITUTION
It is possible that a particular type of constitution may prove
useful for a particular country, but it may not prove useful for any other

13
country. It depends on the social and economic set of the country. Every
state has the right to decide its constitution.
According to the definition of constitution, good constitution should have
the following qualities: –
 Clarity or definiteness: – Every sentence or clause written in the
constitution should be in simple language. The meaning of each
clause should be express clearly without leaving any scope for
confusion.
 Brevity: – The formation should not be too long. It should only
include important things. But this brevity should not make a
difference in the constitution except for a few issues.
 Comprehensiveness: – The constitution should apply throughout
the country. If it is a federation, it should demarcate the structure
and power of the central and provincial governments.
 Flexibility: – The constitution should not be too rigid to interrupt
the amendment process when needed.
 Declaration of rights: – People should have fundamental rights in
a good constitution. Such declarations have been made in the
constitution of countries like India, Russia, China, America and
Japan.
 Independence of judiciary: – The independence of the judiciary
is another quality of a good constitution. The judiciary must act
independently and act as a protector of the fundamental rights of
the people without any fear.
 Directive Principles of State Policy: – Directive principles of
state policy have to be mentioned in a good constitution as it helps
in the creation of a welfare state.
2.6 PROCESS OF GROWTH
Every constitution grows with the passage of time. It means that
the rules of a constitution have a darwinian character. James mcintosh
and sir henry maine recognise this fact when they hold that a
constitution is not made, it grows. It well applied to the case of England
where the constitution is an evolved instrument; it is a growth and not a
make. But its first part does not apply to a country having an enacted
constitution like the United States where the constitution is regarded
both as a maker and a growth. However, the fact stands out that a
constitution develops in course of time in response to the urges and
aspirations of the people and the nature of political development.

14
 Though a typical justification of the excellence of the English
constitution, lord brougham holds that constitutions “must grow, if they
are of any value; they have roots, they ripen, they endure. Those that
are fashioned resemble painted sticks, planted in the ground; they strike
no root, bear no fruit, swiftly decay, and ere long perish.” We may,
therefore, look into the sources that bring about changes in the
constitution of a state over a period of time. These are:
Formal amendments: Every constitution has a procedure by which it
can be amended in response to the needs of the time. The process may
be very simple making the constitution an example of a flexible
instrument (as in England), or it may be very difficult (as in USA and
Switzerland), or a mixture of the two (as in India), it is certain that a
constitution is changed from time to time by following the procedure laid
down for that purpose. Thus, some hew rules are added to it, some are
omitted, or some rules are revised to the necessary extent. For instance,
the provision that a person cannot have more than two terms for the post
of the president of the American republic came as a result of the 22nd
amendment of 1951. It is also possible that the constitution as a whole
may be changed as happened in France when the constitution of 1946
was replaced by the constitution of 1958.
Great statutes: Important legislation is another source of constitutional
development. From time to time the legislature of a state makes laws as
per requirements of the time. These laws effect some important
changes. The rules of the constitution are accordingly changed. For
instance, the British parliament made a law in 1911 that crippled the
powers of the House of Lords and made the House of Commons a really
powerful chamber. The American congress made a law in 1946 whereby
the judges (whose tenure is not specified in the constitution of 1787 and
who, for this reason, enjoy a life term) may seek voluntary retirement
after completing the age of 70 years or a service of 10 years. So in
Canada (where senators were appointed for life) a law made by the
parliament in 1965 provides for the retirement of the senators on
completing the age of 75 years. It may be said at this stage that while
referring to the laws made by a legislature in this connection, we should
refer only to very important enactments that effect change in the rules of
the basic law of the land.
Executive decrees: The head of the state issues orders, decrees and
proclamations from time to time which make changes in the rules of the
constitution. Sometimes, these changes override the written portions of
the constitution. For instance, the American constitution says that all

15
foreign treaties signed by the president must be approved by the senate.
But the presidents have invented a new device of signing some secret
treaties and not putting them for the ratification of the senate by calling
them „executive agreements‟. While the American constitution says that
the congress can make a declaration of war and peace, in actual
practice we find that the president makes a declaration to this effect that
is subsequently adopted by the congress.
Leading judicial decisions: The provisions of the constitution are also
amended by the decisions of the courts given in leading cases. For
instance, the American supreme court in the case of marbury v. Madison
(1803) ruled that the government had no power to issue an order that
was violate of the constitution of the united states. With this
interpretation it assumed in its hands the power of „judicial review‟ that
has resulted in the growth of „judicial supremacy‟ there. The British
courts, in many cases, have ruled that the proceedings of the parliament
cannot be questioned in a legal dispute before them and the parliament
is the master of defining and protecting the privileges of its members.
Usages and customs: Finally, we may refer to numerous practices,
precedents, usages and customs of the country that have their own
effect on the provisions of the constitution. John Stuart mill calls them
‘unwritten maxims of the constitution’ and A.V. Dicey describe them as
‘conventions of the constitution’. These customs grow as a matter of
practice and in due course they are hardened into a custom. For
instance, it is just a matter of English customary law that the prime
minister must be the leader of the party commanding absolute majority
in the house of commons and that, he must tender his resignation if the
house expresses its want of confidence in him. Similarly, in the United
States the senate has developed the practice of ratifying all
appointments made and all foreign treaties signed by the president. That
the president and the vice-president must come from different regions of
India (like north and south) and the governor of a state must not be a
domicile of that state in which he is appointed are some of the usages of
the Indian constitution.
2.7 KINDS OF CONSTITUTION
2.7.1 WRITTEN AND UNWRITTEN CONSTITUTION:
Like political systems, constitutions have their own forms in
accordance with the grounds taken into consideration by them. Hence,
considered as an „instrument of evidence‟, they have been classified as
cumulative or evolved and conventional or enacted constitutions. Then,
in view of the breadth of written provisions, they have been described as

16
written and unwritten constitutions. The process of amending a
constitution may be used as another basis on which they may be termed
rigid and flexible constitutions. Finally, they use the basis of
concentration versus distribution of powers and then categories them as
unitary and federal constitutions. We may thus study different kinds of
constitutions and their respective merits and demerits.
2.7.2 EVOLVED AND ENACTED CONSTITUTION:
In the first place, we take up the case of evolved and enacted
constitutions. The constitution of a state may be a deliberate creation on
paper formulated by some assembly or convention at a particular time;
or it may be found in the shape of a document that itself is altered in
response to the requirements of time and age; it may also be in the form
of a bundle of separate and scattered laws assuming special sanctity by
virtue of being the fundamental law of the land. It may be understood
that here the ground of classification is the ‘instrument of historical
evidence’. Thus, to the category of an evolved or cumulative constitution
belongs one which has its origin mainly in practices, usages and
customs and which consists, for most of the part, of accumulated
wisdom of the age, principles of common law, and decisions of courts
etc. An enacted constitution is one which has been formulated by some
constitutional convention summoned by the head of the state or by
people at a particular time well-known to the people of a country.
2.7.3 RIGID AND FLEXIBLE CONSTITUTION:
After this, we may pass on to the study of rigid and flexible
constitutions. Here the basis of distinction is the process of amendment.
If it is very simple and convenient, the constitution is flexible. Its best
example is the British constitution. Any new law made by the parliament
adds a new rule to the constitution. Thus, it is obvious that there is no
distinction between an ordinary law and a constitutional law in a country
having a flexible constitution. As garner says: “those which possess no
higher legal authority than ordinary laws and which may be altered in the
same way as ether laws, whether they are embodied in a single
document or consist largely of conventions, should then be classified as
flexible, movable or elastic constitutions.” Opposed to this is rigid
constitution. Here the process of amendment is quite difficult. A special
procedure has to be followed to make a change in any rule of the
constitution. Thus, a bill must be passed by the parliament by special
majority (as 2/3 majority) and then it must also be approved either by the
provincial (regional) governments or by the people in a referendum or
both. Obviously, here we find a clear distinction between a constitutional

17
law and an ordinary law, the former having higher sanctity than the
latter. The constitutions of USA, Switzerland, France and Australia fall in
this category. Thus, garner says that rigid constitutions are those which
emanate from a different source, which legally stands over and above
ordinary laws and which may be amended by a different process.
2.7.4 THE UNITARY AND FEDERAL CONSTITUTION:

Like governments, constitutions may also be classified as unitary

and federal on the ground of concentration and distribution of powers. A
unitary constitution is one that vests all powers in a central government,
but a federal constitution distributes powers “between the central and
regional governments. The units of local government do not enjoy
autonomy under a unitary constitution as they live and work under the
control of the central government, but the units or regional governments
enjoy autonomy under a federal constitution in the sphere allotted to
them by the constitution. It is essential that the federal constitution
specifies the powers of both the governments so that there is, as far as
possible, no chance of conflict between the two. An independent and
impartial judiciary is also set up to act as an umpire between the two
governments and to interpret the provisions of the constitution when
required.
The unitary and federal constitutions have their merits and
demerits. A unitary constitution makes the central government strong so
that it may meet any critical situation, but it does not work well in a big
country or where there is marked diversity in respect of religions,
cultures, languages and ways of life of the people. The federal
constitution makes the central government weak by dividing the powers
between the centre and the units, but it suits big countries like USA,
Russian federation and Canada and it is invariably required in countries
marked by religions, social and cultural diversities like Switzerland, India
and South Africa. The element of centralism has made its place in every
federal system of the world as a result of which the inherent weakness of
a federal constitution has been done away with. A peculiar arrangement
has been devised in India where the constitution operates as a federal
mechanism in normal times and becomes unitary during times of
emergency.
LET US SUM UP

We have read about the meaning, development and kinds of

constitutions convinces us with this important axiom of political theory
that every state must have a constitution of its own. It is indispensable
even for the states in which a regime of the most primitive type or

18
despotism of the worst sort prevails. It is also essential that the
constitution of a state should neither be a strong defence of the status
quo permitting hardly any change in response to the changing conditions
of the people, nor should it be so flexible or dynamic that it may be a
plaything in the hands of the legislators, or administrators, or
adjudicators of the country. It must have an element; of permanence
permitting room for necessary changes without inviting the conditions of
a violent upheaval. It should be well in consonance with the political
culture, education and training of the people.
CHECK YOUR PROGRESS
1. _______________ (1776) gave the idea of a constitution as an
essential and important document was firmly rooted in every
country.
2. The _________________ is a quality of a good constitution where
the judiciary must act independently and as a protector of the
fundamental rights of the people without any fear.
3. The provision that a person cannot have more than two terms for
the post of the president of the American republic came as a result
of the _____________ of 1951.
4. Canada made a law by the parliament in 1965 provides for the
retirement of the senators on completing the age of ___ years.
5. In India, where the constitution operates as a federal mechanism in
normal times and becomes _________ during times of emergency.
GLOSSARY

Chaos : Complete disorder or confusion.

Political institutions : Organizations in a government that
create, enforce, and apply laws.
Supreme Government : Superior to all administration in country.
Chamber : A large room used for public events.
ANSWERS TO CHECK YOUR PROGRESS

1. American Revolution.
2. Independence of the judiciary.
3. 22nd amendment.
4. 75.
5. Unitary.

19
MODEL QUESTIONS
1. Discuss the meaning, nature and scope of Constitution.
2. Critically analyze the need for a Written Constitution.
3. Explain the rationale of having a Constitution.
4. Bring out the different kinds of Constitution.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

20
UNIT - 3

RULE OF LAW AND ADMINISTRATIVE LAW

STRUCTURE
Overview
Learning Objectives
3.1 Rule of Law
3.1.1 Development
3.1.2 Basic Principles of Rule of Law
3.1.3 Rule of Law in Modern State
3.1.4 Meaning and Origin
3.1.5 Merits and Demerits of Dicey’s Concept
3.2 Administrative Law
3.2.1 Growth of Administrative Law
3.2.2 Difference between Administrative Law and
Constitutional Law
3.2.3 Concepts in Administrative Law
3.2.4 Evolution and Scope of Administrative Law
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
In the previous chapter the focus was on understanding the meaning of
constitution and meaning of state under international and at the national
level here in India. We also discussed the various types of constitution in
the previous chapters. Now we move on to the discussion of two
important concepts namely, Rule of Law and Administrative Law in this
unit. Administrative law is a branch of public law. It deals with the
relationship of individuals with the government. It determines the
Organisation and power structure of administrative and quasi-judicial
authorities to enforce the law. It is primarily concerned with official

21
actions and procedures and puts in place a control mechanism by which
administrative agencies stay within bounds. The concept of Rule of Law
is that the state is governed, not by the ruler or the nominated
representatives of the people but by the law. In this chapter, we will
discuss in detail about the rule of law, administrative law, it nature and
features.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand Rule of Law and learn about administrative law.
 Analyze the nature of Rule of Law.
 Know the need for Administrative Law.
 Examine the scope of Administrative Law.
3.1 RULE OF LAW
Rule of law is a product of struggle by the people from centuries
for recognition of their inherent rights and the concept of a rule is very
ancient and old. During the ancient times, the concept of rule of law was
discussed by the Greek philosopher Aristotle and Plato at the time of
350 BC so now you can imagine how old this concept. Plato has written
that if rule of law under the supervision of any law than it doesn’t have
any value and the concept of state will get collapsed and if the law is
master of government and government work as a slave for law then the
concept of state will work effectively and humans can enjoy their rights.
According to Plato the meaning of rule of law is that it is supreme in
nature and nobody is above the law.
According to Aristotle has written that law should be the final sovereign
of the state.
According to Sir Edward Coke “Rule of Law” means the absence of
arbitrary power on the part of Government.
This phrase was derived from the French phrase “la Principe de
legality” which means that the principle of legality whatever the legal
system principle is called a rule of law. Which refers to government is
based on the principles not on any individuals and according to the law
everything will move. Rule of law is the basic principle of the English
constitution and this doctrine is accepted by the US and as well as India
also.

22
3.1.1 DEVELOPMENT:
Rule of law was developed by a British jurist Albert Venn Dicey in
his book called “The Law of the Constitution” 1885. In this book, he
develops this concept and he identifies 3 principles while establishing
the rule of law. According to Albert Venn Dicey rule of law first meaning
is “No man is punishable except for a Distinct breach of
Law” established in the ordinary legal manner before the ordinary court.
The government or any high-class authority cannot punish any individual
on the personal ground till the time an individual has committed an
offence and if the offence is committed then proper procedure and trail
will be conducted and in case the final verdict is that the offence is
committed then physical or economic punishment will be given to the
accused person. This clearly indicates that even if 100 criminals are not
arrested is ok rather than punishing one innocent person.
3.1.2 BASIC PRINCIPLES OF RULE OF LAW:

1. Law is supreme and nobody is above the law.

2. All the things should be done according to a law not as per whim.
3. No person should be suffered except for the breach of law.
4. Absence of arbitrary is the soul of the rule of law.
5. Equality before the law and equal protection of the law.
6. Speedy trial.
7. The fair and just procedure should be conducted.
8. Independent and impartial judiciary.
Kesavananda Bharati vs. the State of Kerala under this case the
principle of Basic Structure was propounded and it was said that any
part of the Constitution can be amended without disturbing the basic
structure of it.
Indira Nehru Gandhi vs. Raj Narain, the court held that rule of law is also
part of the basic structure and in the list rule of law was also added and
it means that no amendment can be done in rule of law.
The State of Bihar vs. Sonawati Kumari, it is an integral part of Rule of
law that all the authority within the State including executive government
should be bound to obey the rules.
3.1.3 RULE OF LAW IN MODERN STATE:
Today the dicey theory of Rule of law cannot be accepted in
total. The modern concept of rule of law is very wide and therefore set
up an example for the government to achieve and this concept was

23
developed by the International Commission of Jurists which is also
known as Delhi Declaration, 1959.
According to this, the Rule of the law says that the function of the
government in a free society is to exercise and create a condition in
which the dignity and respect of an individual are increased or upheld. It
does not only recognize civil or political rights but the introduction of
certain social, political, economic, and educational etc. which are
necessary for the full development of personality.
According to Davis, there are 7 types of Modern law
1. Law and orders.
2. Principle of Natural law.
3. Fixed rules and regulations.
4. Eliminate the idea discretion.
5. Due and fair process of law.
6. Preferences for judges and court of law to executive authority and
administrative tribunals.
7. Judicial review of administrative action.
So, in proper manner rule of the law say that it silent on the democratic
system, where the political interest is encouraged and criticism of the
government is not only permitted but given positive merit.
3.1.4 MEANING AND ORIGIN:

The rule of law is a product of centuries of the struggle of the

people for the recognition of their inherent rights. In classical Greece,
Aristotle wrote that “law should be the final sovereign”. In 1215, the
Magna Carta checked in the corrupt and whimsical rule of King John by
declaring that the government should not proceed except in accordance
with the law of the land. During the thirteenth century, Thomas
Aquinas argued that the rule of law represents the natural order of God
as ascertained through divine inspiration and human resource. In the
seventeenth century, the English jurist Sir Edward Coke asserted that
the “king ought to be under no man, but under God and the law.” Despite
its ancient history, the rule of law is not celebrated in all quarters. The
English philosopher Jeremy Bentham described the rule of law
“nonsense on stilts.” The twentieth century has seen political leaders
who have oppressed disfavored persons or groups, without warning or
reason, governing as if no such thing as rule of law existed. For many
people around the world, the rule of law is essential to freedom.

24
 The most famous exposition of the concept of rule of law has been
laid down by A.V. Dicey (Law of the Constitution) who identifies three
principles which together establish the rule of law:
1. The absolute supremacy or predominance of regular law as
opposed to the influence of arbitrary power.
2. Equality before the law or the equal subjection of all classes to
the ordinary law of the land administered by the ordinary courts;
and
3. The law of the constitution is a consequence of the rights of
individuals as defined and enforced by the courts
3.1.5 MERITS AND DEMERITS OF THE DICEY CONCEPT:
Merits:

1. Help in making limits to the power of administrative authorities.

2. A major role in growth and recognition of administrative law.
3. Act as a scale for the test of administrative action.
Demerits:
1. His theory was not fully accepted during that era also.
2. Failed to distinguish between discretionary and arbitrary power.
3. He misunderstood the concept of Droit administration which was
actually successful in France.
3.2 ADMINISTRATIVE LAW

Administrative law is the law that governs the administrative

actions. As per Ivor Jennings- the Administrative law is the law relating
to administration. It determines the organisation, powers and duties of
administrative authorities. It includes law relating to the rule-making
power of the administrative bodies, the quasi-judicial function of
administrative agencies, legal liabilities of public authorities and power of
the ordinary courts to supervise administrative authorities. It governs the
executive and ensures that the executive treats the public fairly.
Administrative law is a branch of public law. It deals with the
relationship of individuals with the government. It determines the
organisation and power structure of administrative and quasi-judicial
authorities to enforce the law. It is primarily concerned with official
actions and procedures and puts in place a control mechanism by which
administrative agencies stay within bounds.

25
3.2.1 THE GROWTH OF ADMINISTRATIVE LAW:
ENGLAND:
In 1885 Albert Venn Dicey, a British jurist, rejected the whole
concept of Administrative law. Hence, the numerous statutory
discretionary powers given to the executives and administrative
authorities and control exercised over them were all disregarded to be
able to form a separate branch of law by the legal thinkers. Until the 20th
Century, Administrative law was not accepted as a separate branch of
law. It was only later that the existence of Administrative law came to be
recognised. The Lord Donoughmore Committee, in 1929, recommended
for better publication and control of subordinate legislation. The principle,
King can do no wrong, was abolished and the scope of Administrative
law expanded by virtue of the Crown Proceeding Act in 1947 which
allowed initiating civil proceedings against the Crown as against any
private person. In 1958, Tribunals and Inquiries Act was passed for
better control and supervision of Administrative Decisions.
UNITED STATES OF AMERICA:
In the United States of America, the existence of administrative
law and its growth was ignored until it grew up to become the fourth
branch of the State. By then many legal scholars like Frank Goodnow
and Ernst Freund had already authored a few books on Administrative
law. It was in 1933 that a special committee was appointed to determine
how judicial control over administrative agencies could be exercised.
Thereafter, in 1946 The Administrative Procedure Act was passed which
provided for judicial control over administrative actions.
INDIA:
The Mauryans and the Guptas of ancient India had a centralised
administrative system. It was with the coming of the British that
Administrative law in India went through a few changes. Legislations
regulating administrative actions were passed in British India. After
independence, India adopted to become a welfare state, which
henceforth increased the state activities. As the activities and powers of
the Government and administrative authorities increased so did the need
for ‘Rule of Law’ and ‘Judicial Review of State actions’. Henceforth, if
rules, regulations and orders passed by the administrative authorities
were found to be beyond the authority’s legislative powers then such
orders, rules and regulations were to be declared ultra-vires,
unconstitutional, illegal and void.

26
3.2.2 DIFFERENCE BETWEEN ADMINISTRATIVE LAW AND
CONSTITUTIONAL LAW:
There are significant differences between Administrative law and
Constitutional law. A Constitution is the supreme law of the land. No law
is above the constitution and hence must satisfy its provisions and not
be in its violation. Administrative law hence is subordinate to
constitutional law. In other words, while Constitution is the genus,
administrative law is a species. Constitution deals with the structure of
the State and its various organs. Administrative law, on the other hand,
deals only with the administration. While Constitution touches all
branches of law and deals with general principles relating to organisation
and powers of the various organs of the State; administrative law deals
only with the powers and functions of the administrative authorities.
Simply speaking the administrative authorities should first follow the
Constitution and then work as per the administrative law.
3.2.3 CONCEPTS IN ADMINISTRATIVE LAW:

Topic Sub-topics

Nature, scope and development of

administrative law.

Evolution and Scope Rule of law and administrative law.

of Administrative law Separation of Powers and its relevance.

The relationship between Constitutional law

and Administrative law.

Delegated legislation and its

constitutionality.
Legislative Functions
of Administration Control Mechanism.

Sub-delegation.

Need for devolution of adjudicatory

authority on Administration.
Judicial Functions of Problems of administrative decision making.
Administration
Nature of Administrative Tribunals.

Principles of Natural Justice.

Judicial Control of Judicial review of administrative action.

Administrative action Evolution of the concept of Ombudsman.

27
3.2.4 EVOLUTION AND SCOPE OF ADMINISTRATIVE LAW:
Nature, scope and development of administrative law:
As one begins to study the specifics of a particular branch of law
it becomes important to know why and how the said branch of law came
about. Administrative law is a judge-made law which evolved over time.
It is not a codified law. The need for it arose with the increase in
administrative actions and its discretionary powers.
Rule of law and administrative law:
The concept of ‘rule of law’ is that the State should be governed
by principles of law and not of men. Administrative laws ensure that ‘rule
of law’ prevails despite the presence of discretionary powers vested in
the administrators. Administrative law developed to restrict the arbitrary
exercise of powers by subordinating it to well-defined law.
Separation of Powers and its relevance:
‘Separation of power’ is one of the basics on which the State
machinery works. However, with the increase in administrative
actions/powers, it is seen that the doctrine cannot be practised with
rigidity. Every organ of the State is dependent on the other for smooth
functioning, thus, the doctrine of separation of power cannot be
exercised by placing the organs of the State in watertight compartments.
There has to be a flexible approach while ensuring that no organ
encroaches upon the functions of another.
Relationship between Constitutional law and Administrative law:
As every law of the State must satisfy the Constitutional
benchmark, it is essential to know the relationship between the
Constitutional law and the Administrative law of the State. Constitutional
law is the genus and administrative law its species, hence the judge-
made law must comply with the constitutional provisions.
LET US SUM UP
The government under the guideline of Rule of law make to rule
or conditions that do not intercept with any individual dignity.
Administrative law is the law governing the Executive, to regulate its
functioning and protect the common citizenry from any abuse of power
exercised by the Executive or any of its instrumentalities. It is a new
branch of law which has evolved with time and shall continue to evolve
as per the changing needs of the society. The aim of administrative law
is not to take away the discretionary powers of the Executive but to bring
them in consonance with the ‘Rule of law’.

28
CHECK YOUR PROGRESS
1. The concept of rule of law was discussed by the Greek philosopher
________ and ________ at the time of 350 BC.
2. Rule of law phrase was derived from the French phrase “la Principe
de legality” which means that the principle of ________.
3. Rule of law was developed by a British jurist ____________ in his
book called “The Law of the Constitution” 1885.
4. In 1946, the ________________ Act was passed in USA which
provided for judicial control over administrative actions.
GLOSSARY
Rule of Law : The restriction of the arbitrary exercise of
power by subordinating it to well-defined
and established laws.
Administrative Law : Administrative law is the law that governs
the administrative actions.
Judicial Review : Power of courts to decide the validity of
acts of the legislative and executive
branches of government.
ANSWERS TO CHECK YOUR PROGRESS
1. Aristotle and Plato.
2. Legality.
3. Albert Venn Dicey.
4. Administrative Procedure.
MODEL QUESTIONS

1. Discuss the meaning of Rule of Law.

2. Critically analyze the need for Rule of Law.
3. Explain the evolution and scope of Administrative Law.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

29
UNIT - 4

PARTY SYSTEM – CONVENTION AND USAGES

STRUCTURE
Overview
Learning Objectives
4.1 Introduction
4.2 Definition of Political Parties
4.3 Classification of Political Parties
4.3.1 The Elitist Parties
4.3.2 Mass Parties
4.3.3 Intermediate Type Parties
4.3.4 Hitchner and Lavine’s Classification
4.4 Party Systems
4.4.1 Multi-Party Systems
4.4.2 Two-Party Systems
4.4.3 One-Party Systems
4.5 Role and Evaluation of Party Systems
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
In the previous chapter the focus was on understanding the meaning of
constitution and meaning of state under international and at the national
level here in India. We also discussed the various types of constitution in
the previous chapters. We moved on to the discussion of two important
concepts namely, Rule of Law and Administrative Law in this unit.
Administrative law is a branch of public law. In this Unit an attempt has
been made to define political parties, examine their nature and
relevance.

30
LEARNING OBJECTIVES
After going through this unit you will be able to
 Understand Political Parties and its classification.
 Analyze the nature of party system.
 Know the need for party system.
4.1 INTRODUCTION

Political parties are essential for the effective working of modern

democratic states. Professor Harold J. Laski had underlined the
importance of parties when he wrote, “There is no alternative to party
government, save dictatorship, in any state of modern size. Government
requires leaders, leaders require not an incoherent mob behind them,
but an organised following able to canalise the issues for an electorate
with a free choice.” This statement correctly separates dictatorship,
which is one person’s arbitrary rule, from democracy where people make
free choice of their representatives to rule, on their behalf. A dictator like
Hitler or Mussolini may also lead a party, but then it is a group of
sycophants, not a competitive organisation.
Political parties have multifarious duties to perform. They are the
most significant subactors who participate in and regulate the political
process. They put up candidates, canvass support for them, and if voted
to power they govern the state for the specific period. There are different
types of party systems but the two-party system is generally found to be
in a position to offer two clear alternatives before the electorate, and also
provide stable government which is responsible, and an opposition
which, in a responsible manner, keeps the ruling party under constant
vigil and check. Democratic process is not allowed to derail. However,
many countries have multi-party systems with a large number of parties.
These parties provide wider choice to the people, but often lead to
instability of government. Political parties are certainly essential to the
functioning of democracy. They perform different functions within and
outside the realm of politics. Their leadership and policies, internal
practices, and the patterns of interaction with other parties and
institutions can have profound consequences for the system of
governance.
4.2 DEFINITION OF POLITICAL PARTIES
Political parties are the most important agencies that participate
in political processes in a modern state. A party may be defined as an
organised group of people, having a clear ideology and based on certain

31
well-defined policies and having clear objectives. A party has a definite
leadership, and its ultimate goal is to gain political power and regulate
political process by using the power acquired, normally through
democratic elections. The above two sentences should enable you to
understand the meaning and purposes of political parties. Edmund
Burke had defined the political parties in 1770 thus: “Party is a body of
men united for promoting by their joint endeavours the national interest
upon some particular principles in which they are all agreed.” Professor
Laski’s definition mentioned in last section explains the meaning of
parties. These are big or small groups of people which are organised to
establish their legitimate control over the government of the country,
through the process of elections. Representative government cannot
function without them.
4.3 CLASSIFICATION OF POLITICAL PARTIES
The classification of political parties that was presented by
Maurice Duverger in 1951 became popular, and is now generally
accepted. He had classified parties as (i) the elitist or traditional parties,
and (ii) mass parties. Later a third category known as the intermediate
type of parties was added. This classification is generally organisation
based categorisations.
4.3.1 THE ELITIST PARTIES:

The parties which are not cadre-based and do not have their support
among the masses may be described as elitist or traditional parties.
These parties do not throw their doors open to one and all. They are
selective in admitting members. The elitist parties are normally divided
into (a) the European Type and (b) the American Type.
1) The European type: Most of the political parties set up in the
nineteenth century are elitist in nature. Many contemporary parties
who follow the same approach also come in the elitist or traditional
category. Whether these parties are liberal or conservative or
progressive, they are against admitting anybody and everybody to
their membership. These parties emphasise quality rather than
numbers. They seek support of prominent and influential persons.
The wealthy people occupy prominent place in these parties.
2) The American Type: The parties in the United States are different
from British parties in several respects. But, the prominent differences
are (i) the nature of presidential government in a federal set-up, as
against British parliamentary democracy in a unitary state and (ii) the
U.S. parties have remained limited to the elite, away from the

32
 masses. The U.S. parties, as mentioned elsewhere, are essentially
election-oriented. The system of party primaries was introduced in the
early twentieth century. In the primaries, common citizens, who so
desire, participate in the selection of candidates for various elected
offices. This system has adversely affected the power of local level
party bodies.
4.3.2 MASS PARTIES:
The system of parties based on common man’s support began
emerging in the early twentieth century. British Labour Party had its
origin in the working people’s movement. Later, the communists adopted
the system of mass support. Several parties in the newly independent
third world countries are generally mass parties. Some of the parties of
European countries, like the Christian Democratic Parties and the
Popular Republican Movement (P.R.M.) of France may also be placed in
the category of mass parties.
1) Socialist Parties: Initially, masses were contacted to donate funds
for the labour candidates. These candidates were considered
revolutionaries, and industrialists and big business houses declined to
give them any financial contribution. In fact these elements were quite
opposed to these candidates. In Britain trade unions provided support
to these candidates. Later they organised themselves as the Labour
Party. The mass parties tried to enlarge their membership, and took
contributions from their members. The mass parties preferred
contributions from common men and women, rather than the rich
business houses. These parties, therefore, did not develop into elitist
parties.
2) The Communist parties: The communist parties based on the
ideology of Marx and Lenin seeks close contacts with the masses.
Initially, European communist parties were organised on the pattern
of socialist parties, but after 1924, they were reorganised on the
directions of Communist International headquartered in Moscow.
They followed the pattern of Soviet Communist Party. The communist
parties everywhere are much better organised and disciplined as
compared to other parties. These parties attract workers and
peasants. But, unlike other parties, their local units are generally not
regional in nature; they are organised at places of work. The primary
units, or cells, maintain close contacts with the members in their
workplaces. This makes it easier for them to convey the party
directions and to have them implemented. Besides, the problems of
members of a workplace are common. They encourage greater unity.

33
3) The Fascist Parties: Unlike the communist parties, fascists advocate
an all-powerful state. However, there is one similarity. Both believe in
one-party rule, and in destroying the entire opposition. They both use
force to implement their policies. The fascist parties support open
competition and capitalism, but they, like the communists, blindly
follow one leader. The disobedience to the leader may mean
elimination of members. The Italian Fascist dictator, Mussolini had
himself said that his party wanted to follow the communist techniques.
Fascists talk of mass-base, but they use armed forces to inculcate
military discipline and impart military training to the masses. The
fascist youth are not only given military training, but they even wear
military uniform, carry out daily disciplined exercises, and are often
punished for defiance. The fascist leader takes the route of force to
assume power, even as pretension of democratic process may be
propagated. Fascism comes to power with the support of capitalists
and big business houses. It is vehemently opposed to communism,
and destructive of democracy. Violence and wars have been
important part of fascist programme.
4.3.3 INTERMEDIATE TYPE PARTIES:
According to Maurice Duverger, there is a third category of political
parties that may be described as the intermediate type. These are
different from both elitist and mass parties; yet they are closer to the
mass parties. These are:
1) Indirect Parties: At times a number of big or small committees
perform political functions leading to the setting up of a political party.
This may be described as an indirect party. The birth of British Labour
Party in 1906 was held in somewhat this situation. At that time, the
Labour Party did not directly admit members of the party. It began
functioning with the association of trade unions, cooperative societies,
the Fabian Society and other intellectual bodies. These bodies
selected candidates for election, collected funds and carried out their
election campaign. Later socialist parties had similar origin in
countries like Belgium, Norway and Sweden. In these countries these
parties were born in 1940s. Earlier, the same pattern was followed in
the formation of Christian Democratic parties in Belgium (1919) and
France (1936). All these parties came into existence like traditional
parties, but with the difference that their members came not from rich
classes, but from amongst the workers and intellectuals.

34
2) Parties in Developing Countries: In the post-Second World War
period a large number of political parties have come into existence in
the third world developing countries, which Duverger prefers to
describe as undeveloped countries. In some of the developing
countries, the parties followed the pattern of the United Kingdom or
the United States, while in some others one party was established
following the Soviet example. In some of the African countries two
parties each were formed in their own style. All of them have been
described as intermediate type because they were yet to be fully
organised as disciplined parties. In post-independent India many
parties have been formed. Some of them could not last long. The
Swatantra Party was a breakaway group of the right wing of the
Congress, but it disappeared. Very large number of small parties or
regional parties came into existence.
4.3.4 HITCHNER AND LEVINE’S CLASSIFICATION:

According to Hitchner and Levine, many of the parties in the

multiparty system and smaller parties even in the two-party system
generally represent particular interests. Thus, these may be described
as ‘interest-oriented’ parties. When an interest group converts itself into
a party, either temporarily or permanently, it comes in this category.
Nature of interests may vary from prohibition-related, to those working
for farmers’ interests, or those seeking interests of a caste or
community. The Swiss Farmers’ Party, the German Greens, the Irish
Nationalist Party of the UK is some such parties. In India, there are a
number of such interest-oriented parties. These, for example, include the
Jharkhand MuktiMorcha, the Peasants and Workers Party of
Maharashtra, or even the BahujanSamaj Party committed to the
upliftment of the dalits.
4.4 PARTY SYSTEM
A comparative study of different party systems enables us to
understand the political systems of the countries concerned. Several
recent scholars have offered their classifications of party systems. There
is lot of similarity between some of these classifications. Duverger
broadly divided all the party systems into two. These are (i) pluralistic
party systems and (ii) one-party systems and dominant party systems. In
the first category Duverger included: 1) Multi-party systems; and 2) Two-
party systems

35
4.4.1 MULTI-PARTY SYSTEMS:
There are several countries that have developed a system of
having many parties. Technically, the existence of three or more big
parties may be described as multi-party system. In Europe, France, Italy
and Switzerland are some of the examples of this system. India has over
40 political parties, big or small, represented in the LokSabha. In a multi-
party system, three, four or more parties may get together at any point of
time to form coalition governments. Such governments generally adopt a
common minimum programme for governance, as they do not have
commitment to any one ideology. The coalition governments generally
do not last long, but there can always be exceptions. In a general
election, voters have a wide choice of candidates. Many of them may
belong to smaller parties committed to regional or sectarian interests.
The winning candidates may not necessarily secure even half of the total
votes cast. In a multicandidate election, the candidate getting largest
number of votes is declared elected, whatever percentage of total votes
this may be.
4.4.2 TWO-PARTY SYSTEMS:

Canada, Australia and New Zealand also have two-party

systems. The interest-based Labour Parties of Australia and New
Zealand do not have narrow outlook. They are also pragmatic and
moderate parties. While a number of parties emerged in West Germany
after the Second World War, two major parties now constitute German
party system. These are Christian Democratic Union, and Social
Democratic Party. But, there indeed are a number of smaller parties,
including the Greens, who are usually associated with one major party or
the other. Some other countries like the Philippines have also adopted
two-party systems. The two-party system is said to be a guarantee of
success of democracy. Power shifts from one party to the other, and yet
stability is maintained. One party rules in a responsible manner and the
other offers constructive opposition. There is instability of multi-party
system, nor authoritarian rule of one party.
4.4.3 ONE-PARTY SYSTEM:

One-party system implies the existence of only one party in a

country. The countries committed to certain ideologies such as Marxism
or Fascism normally do not allow the existence of any opposition party.
In one-party states, there is, therefore, no opposition. Parties other than
the ruling party are either constitutionally debarred, or they are crushed
by the rulers. This system originated with the establishment of the rule of
the Communist Party of the USSR after the Bolshevik Revolution.

36
 Mustafa Kemal Pasha’s one-party rule in Turkey was claimed to
be democratic, while Fascist Party in Italy (1922-43) and Hitler’s Nazi
rule in Germany (1933-45) were typical examples of the dictatorship of
one man who led the only party permitted by him. The term one-party
system was initially used after 1930 by certain Fascist writers. Prominent
among them were Manoilesco and Marcel Deat. They tried to find
similarity between Fascist/Nazi and Communist regimes. However,
communist writers strongly opposed any such similarity. The western
writers place all one-party systems in one category of non-democratic
regimes. In China, Communist Party acquired complete power after the
success of revolution in October 1949. Later, a one party communist
regime was set up in North Korea. This example was followed later by
Vietnam and Cuba. But, certain other countries adopted non-communist
one-party regimes. This was done in Tanzania, Chad, Ivory Coast, Niger
and Liberia in Africa. Many western writers refuse to describe one-party
rule as a system, for there can be no party system until there are at least
two competing parties.
4.5 ROLE AND EVOLUTION OF PARTY SYSTEMS

Political parties are essential for the working of contemporary

political processes. Parties, as explained above, are of different types,
as are the party systems. The role of a party depends largely on the type
of polity in which it functions. Modern democracies are party
governments. Persons like JayaprakashNarain had suggested that a
partyless democracy would make for peace and stability. Parties, in their
view cause conflict. However, these views may have some merit, but in
today’s environment these opinions appear to be too idealistic or
utopian. The role of political parties in a parliamentary democracy is
different from the presidential system. In the former the competitive
parties formulate public opinion, select candidates and seek election to
secure maximum number of seats in the Parliament, so that they are in a
position to form their governments.
The party or parties that fail to secure majority of seats sit in the
opposition and offer constructive criticism. Two-party system is best
suited for the efficient working of parliamentary democracy. But, there
are many democracies, like India, where many competing parties offer
varied choice to the voters. Normally, in a multi-party system no single
party may secure a clear majority, but a number of parties enter into
coalition to form the government; the others occupy the opposition
benches.

37
 One-party system is normally found in totalitarian states. It
consists of only one party that is often identified with the state. There is
lack of opposition which makes the rulers authoritarian. In the
presidential system of democracy, parties have relevance only at the
time of presidential election. They do not count in the formation of
government. In the United States, the directly elected President is
neither responsible to, nor removable by, the Congress. Members of the
Congress vote freely without affecting the fortunes of the executive.
France and Sri Lanka have combined the parliamentary system with a
powerful executive President. This has limited the role of parties in these
countries.
LET US SUM UP

Political parties are essential for the working of modern democratic

states. Professor Laski had correctly opined that the only alternative of
party government was dictatorship. In this Unit an attempt has been
made to define political parties, examine their nature and relevance. To
quote Edmund Burke, “Party is a body of men united for promoting by
their joint endeavours the national interest upon some particular
principles in which they are all agreed.” In effect, the parties are a two-
way communication between the electorate and their representatives.
CHECK YOUR PROGRESS

1. The classification of political parties that was presented by Maurice

Duverger in ____.
2. The U.S. parties are essentially ___________ that the system of
party primaries was introduced in the early twentieth century.
3. The communist parties based on the ideology of ______ and
______ seeks close contacts with the masses.
4. In a multi-party system, three, four or more parties may get together
at any point of time to form ____________ governments.

38
GLOSSARY
Political party : A political party is an Organisation that
coordinates candidates to compete in a particular
country's elections.
Elitist party : An elite party is a political party consisting of
members of the societal elite, particularly
members of parliament, who agree to co-operate
politically in the spirit of principles and goals.
Mass party : A mass party is a type of political party that
developed around cleavages in society and
mobilized the ordinary citizens or 'masses' in the
political process.
ANSWERS TO CHECK YOUR PROGRESS
1. 1951.
2. Election-oriented.
3. Marx and Lenin.
4. Coalition.
MODEL QUESTIONS

1. Write a note on parties in the developing countries.

2. Describe the features and types of two-party system.
3. Explain the nature of multi-party systems.
4. Distinguish between a dominant party system and one-party
system. Discuss the features of one-party system.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

39
 Block II
U.K Administrative System

Unit - 5 Salient Features of British Administrative System

Unit - 6 Executive – Monarchy
Unit - 7 Prime Minister and Cabinet
Unit - 8 Legislature – Parliament – House of Commons &
House of Lords
Unit - 9 Judiciary
Unit - 10 Party System and Pressure groups

Unit - 11 British Civil services

40
UNIT - 5

SALIENT FEATURES OF BRITISH ADMINISTRATIVE SYSTEM

STRUCTURE
Overview
Learning Objectives
5.1 Introduction
5.2 Features of the British Constitution
5.2.1 An Unwritten Constitution
5.2.2 A Flexible Constitution
5.2.3 A Unitary Constitution
5.2.4 Parliamentary Government
5.2.5 Sovereignty of Parliament
5.2.6 Rule of Law
5.2.7 A Constitutional Monarchy
5.2.8 Bi-cameralism
5.3 Features of the Administrative System
5.4 Difference between theory and practice
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Each country has its own administrative system developed in
accordance with its social, economic, political and cultural conditions.
The British constitutional system is the oldest democratic system; British
constitution is the mother of constitutions. The principles and institutions
of representative government were first developed in Britain. The aim of
this unit is to explain the features of the administrative system of United
Kingdom.

41
LEARNING OBJECTIVES
After studying this unit, you will be able to
 Understand the salient features of the British constitution.
 Analyse the features of the administrative system of United
Kingdom.
 Know about the institutions and features of British administrative
system.
5.1 INTRODUCTION
The British constitution offers a very interesting field of study to
the students of comparative governments. It is a unique constitution in
several ways. As an unwritten, evolved and most flexible constitution,
this provides for the continuance of constitutional monarchy within a fully
developed liberal democratic system of politics. It deserves a primary
place in the study schedule of comparative politics and government.
Prof. Munro describes it as the mother of all the constitutions of the
world.
5.2 FEATURES OF THE BRITISH CONSTITUTION

The salient features of the British Constitution are explained below:

5.2.1 AN UNWRITTEN CONSTITUTION:
Unlike the American Constitution, the British Constitution is
unwritten. In the UK most of the principles governing the distribution and
exercise of the governmental powers are not written. Only a small
portion of the British Constitution is covered by written documents. The
British Constitution is an evolved constitution, not an enacted one. It is a
product of history and a result of evolution. It is a child of chance
(accident) as well as wisdom (design). It is not a static constitution but a
remarkably dynamic one. Hence, L.S. Amery in his book Thoughts on
the Constitution says that the British Constitution is “a blend of formal
law, precedent and tradition”.
5.2.2 A FLEXIBLE CONSTITUTION:

Unlike the American Constitution, the British Constitution is

flexible in nature. It requires no special procedure for its amendment. It
can be amended by the Parliament in the same manner as the ordinary
laws are made. Thus, in Great Britain, there exists no distinction
between the constitutional law and the ordinary law.

42
5.2.3 A UNITARY CONSTITUTION:
The British Constitution provides for a unitary state. Hence, all
the powers of the government vested in a single supreme central
government. The local governments are created only for administrative
convenience and they work under the complete control of the central
government located at London. They derive their authority from the
central government, which can also abolish them altogether at any time.
5.2.4 PARLIAMENTARY GOVERNMENT:
The British Constitution provides for parliamentary form of
government in which executive hails from the legislature and remains
responsible to it. The features of the British parliamentary system of
government are as follows:
(i) The King is the nominal executive while the Cabinet is the real
executive. The King is head of the state while the Prime Minister is
head of the government.
(ii) The party, which secures majority seats in the House of Commons,
forms the government. The leader of that party is appointed as the
Prime Minister by the King/Queen.
(iii) The ministers are individually as well as collectively responsible to
the House of Commons for their acts. They remain in office so long
as they enjoy the majority support in the House.
(iv) The King can dissolve the House of Commons on the advice of the
Prime Minister.
(v) The ministers (members of the executive) are also the members of
the British Parliament. This avoids conflicts between the executive
and the legislature and facilitates better coordination between them.
5.2.5 SOVEREIGNTY OF PARLIAMENT:

Sovereignty means the supreme power within the state. That supreme
power in Great Britain lies with the Parliament. Hence sovereignty of
Parliament (or supremacy of Parliament) is a cardinal principle of the
British constitutional law and political system. This principle implies the
following things.
(i) The British Parliament can make, amend, substitute or repeal any
law. De Lolme said, “The British Parliament can do everything
except make a woman a man and a man woman”.
(ii) The Parliament can make Constitutional laws by the same
procedure as ordinary laws. In other words, there is no legal

43
 distinction between the constituent authority and the law-making
authority of the British Parliament.
(iii) The parliamentary laws cannot be declared invalid by the judiciary
as being unconstitutional. In other words, there is no system of
judicial review in Great Britain.
5.2.6 RULE OF LAW:

The doctrine of rule of law is one of the fundamental characteristics of

the British constitutional system. It lays down that the law is supreme
and hence the government must act according to law and within the
limits of the law. A.V. Dicey in his book The Law and the Constitution
(1885), has given the following three implications of the doctrine of rule
of law.
(i) Absence of arbitrary power, that is, no man can be punished except
for a breach of law.
(ii) Equality before the law, that is, equal subjection of all citizens (rich
or poor, high or low, official or non-official) to the ordinary law of the
land administered by the ordinary law courts.
(iv) The primacy of the rights of the individual, that is, the Constitution is
the result of the rights of individual as defined and enforced by the
courts of law, rather than the constitution being the source of the
individual rights. The rights of the citizens of Great Britain flow from
judicial decisions, not from the Constitution.
5.2.7 A CONSTITUTIONAL MONARCHY:
Great Britain is a monarchical state. It is described as a limited
hereditary monarchy. The hereditary monarch (King or Queen) is the
head of the state. The Crown is the visible symbol of the supreme
executive power. However, the King or Queen only reigns, but does not
rule. These powers are actually excised by the Cabinet headed by the
Prime Minister. The cabinet is collectively responsible to the Parliament
for Its actions and ultimately to the electorate. Hence, what Great Britain
has is a “Constitutional monarchy.”
5.2.8 BI-CAMERALISM:
The British Parliament is bicameral, that is, it consists of two
houses namely the House of Lords and the House of Commons. The
House of Lords is the upper house. It is the oldest second chamber in
the world. It consists of lords, peers and nobles and hence, represents
the aristocratic element of the British political system. At present it has
1150 appointed members who fall into seven distinct groups. It is mostly

44
a hereditary body. The House of Commons is the lower house but more
important and powerful than the House of Lords. It is the oldest popular
legislative body in the world. It consists of the representatives elected by
the people on the basis of universal adult franchise. There are at present
650 seats in the House of Commons and these are distributed among
England, Wales, Scotland and Northern Ireland.
5.3 FEATURES OF THE ADMINISTRATIVE SYSTEM
It has the following salient features:
1. Political Leadership of the Administration:

The British administrative system has a pyramidal set up. Here each
department at the political level is headed by a minister. He is the
political head of the department and all activities of the department is
headed by a permanent civil servant called secretary who receives
orders from his political boss. He is responsible for the smooth
functioning of his department. He is assisted by higher level, middle level
and low-level civil servants. All officers in the department receive
instructions from the secretary. The number of low and middle level staff
is large but that of the higher-level officers is very limited. Each one is
required to be disciplined and obedient and not to transgress his legal
limits.
The secretary tenders advice to the minister on matters of policy and
administration, but the minister is not bound to accept it. Cordial relation
between the minister and his permanent secretary is essential for the
smooth functioning of the department. All the officials in the department
are accountable to the secretary and through him to the minister.
2. An Evolved System:
In England the administrative system has gradually evolved. In the
words of J.A. Cross ‘the structure of British Administration is
chronological rather than logical. Once the country had absolute
monarch and the words of the monarch were the law. Lord Chancellor
was just a head clerk of the King. There was then neither
democratisation of bureaucracy or public accountability of
administration. The Parliament and elected representatives had no say
in the running of country’s administration. Bureaucracy had absolutely
elite character and bureaucrats came from aristocracy. With the passage
of time the influence of monarch over administration decreased, new
departments were formed, but still old precedents and conventions have
sufficiently important place in administration.

45
3. A Living Organisation:
The whole administration of the country is run on the basis of
departmentalization. The work has been divided into departments and
each department is required to look after its work and activities. Some of
the important departments are Defence, Home Affairs, External Affairs,
Commonwealth Affairs, and Finance etc. These departments do not
interfere in the affairs of the other departments. All administrative
policies are formulated by parliament and all its powers are virtually
exercised by the House of Commons. The laws passed by the
Parliament are final and the executive is required to enforce these.
There is no system of judicial review. Parliament can amend any law or
change any policy. It takes keen interest in the Organisation and
efficiency of the administration through its various committees.
4. Co-ordination in Activities:
British administration is run through departments. To ensure that all
departments function in a coordinated manner and there is no wastage
of resources or unnecessary delays, coordination work is paid full
attention. It is done both at political as well as bureaucratic levels. Efforts
are made to quickly resolve issues relating to allocation of work among
different departments and placement of staff etc. Permanent Committee
and Treasury play an important role in coordination.
5. Politically Neutral Bureaucracy:
Administrative policies and all policy decisions in the country are taken
by the government i.e. the political party in power. Bureaucracy is
politically neutral. Its function is to provide all relevant information and
advice to political bosses, but once a decision has been taken at the
political level bureaucracy is required to implement it, no matter whether
a particular bureaucrat agrees with the decision on not. A bureaucrat
cannot openly express his disagreement to the print or any other media.
He cannot sabotage the policy because of his disliking.
6. A Mix of Amateurs and Experts:
In British administrative system there is a healthy mix of amateurs and
experts. Political bosses i.e. ministers who head the departments are
amateurs. They have no knowledge of the working of the departments,
which they head. They head the department because the Prime Minister
has allotted concerned minister a particular portfolio. His tenure is
uncertain and he gives only policy guidelines to the civil servants who
are experts of the subject with which they are dealing. They remain in
service till retirement. Administration runs smoothly when they both work

46
in close cooperation and understanding with each other. When there are
differences between the two, usually the permanent civil servant is
removed. Thus the amateur is more dominant than the expert.
7. Rule of Law:
In Britain, there is rule of law. All are to be governed by the same laws
irrespective of the position they hold. The same law applies both to an
ordinary citizen and a public servant. No citizen can be punished unless
he has been found guilty by the courts of law. No individual is above law.
8. Important Role of Committees:

Committees play an important role in the British administrative system.

Cabinet or the Council of Ministers is the apex body. It formulates policy
and directs the administrative functions. Departmental committees
coordinate the work of the department and keep an eye on
administration. There are some inter-departmental committees. They
regulate administration.
9. Public Accountability:
There is public accountability for every decision taken by the
administration. Administrator becomes accountable through the minister.
Each member of the parliament has a right to know from the minister
concerned about any activity of his department and to bring to his notice
any administrative act of omission or commission. The minister has the
responsibility to clarify his position and satisfy the house about the action
taken by the administration of his department. In such a situation only
one individual minister gets involved. When several departments are
involved the Council of Ministers is required to defend administrative
heads of departments. Thus in England administration for all its
activities, is responsible and accountable to parliament and as such
there is the system of public accountability.
10. Aristocratic Nature of Bureaucracy:
The bureaucrats in England in majority come from the rich and privileged
sections of the society. The system of recruitment is such that it favours
the privileged few. British generals, judges, secretaries, ambassadors
and top ranking officers are from the elite of the society. Young
members of aristocracy are preferred for military services and external
department. lf a few poor manage to enter bureaucracy they also
develop snobbish attitude. Bureaucrats consider themselves a separate
class. Senior bureaucrats maintain sufficient distance not only from
ordinary citizens but also from the subordinate staff.

47
11. Increasing Influence of the Industrialists:
The English bureaucracy is very much under the influence of
industrialists, business magnets and capitalist classes. The bureaucracy
is coming closer to the rich as against the poor. Each bureaucrat tries to
have close links with big business and industry. Many bureaucrats are
offered lucrative jobs by big business to get their work done from the
bureaucracy due to their influence. Major policy issues are discussed in
the clubs formed by big business magnets where bureaucrats are
regularly invited. Industrialists often exercise their influence on various
boards, commissions and advisory committees.
12. Efficient Bureaucracy:
One very significant feature of British bureaucracy is its efficiency. Every
appointment is made by an independent commission after taking merit of
the candidate into consideration. After appointment each bureaucrat is
properly trained so that he can efficiently perform his duties. He is also
provided in service training from time to time to brush his knowledge. A
public servant is considered an all-rounder and it is believed that he can
head any department and perform his duties anywhere. His service
conditions are decided by the Parliament. He is required to work within
set rules and is punished for their violation.
13. No Separation of Powers:

There is no separation of powers of the three organs of government

namely, the executive, the legislature and the judiciary. The Parliament
has legislative powers and enacts laws. The ministers are executive
heads of their respective departments. The Parliament also sits court of
law at any time. The laws passed by the parliament cannot be reviewed
by judiciary and must be implemented by bureaucracy. Functions of
these organs have nowhere been specified. There is a fusion of powers.
5.4 DIFFERENCE BETWEEN THEORY AND PRACTICE
There is a wide gap between theory and practice as far as
administrative system and powers are concerned. In theory King/Queen
is the head of the administration. All major decisions are taken in his/her
name. No Bill can become an Act unless it has been consented by
him/her. Ministers are accountable to him/her. But in actual practice
he/she is only the constitutional head of the state. Real administrative
powers are vested in the Cabinet headed by the Prime Minister. The
Prime Minister takes all decisions and gets them approved later on. On
the whole the British administrative system is very efficient. It has shown
complete adaptability both in times of war and peace. It has very

48
successfully accepted the principle of political neutrality. The British
citizens are being served by the best administrative system in the word.
It is an effective means of implementing the national policy.
LET US SUM UP
The British constitution is the oldest in the world. The sources of the
British constitution are found in conventions customs, statutes, usages
and judicial decisions. The salient features of the oldest constitution are
briefly discussed. The administrative system of United Kingdom is
developed if not evolved in accordance with its social, political and
cultural conditions.
CHECK YOUR PROGRESS
1. In Great Britain, there exists no distinction between the
constitutional law and the_______________.
2. ______________ of Parliament is a cardinal principle of the British
constitutional law and political system
3. Why is British constitution a flexible one?
4. Does Britain follow the theory of separation of powers?
GLOSSARY

Unitary : All powers vested in single central government.

Sovereignty : Supreme Power.
Bi-cameral : Two houses.
ANSWERS TO CHECK YOUR PROGRESS
1. Ordinary law.
2. Sovereignty.
3. It requires no special procedure for its amendment.
4. No in fact it is the integration of powers.
MODEL QUESTIONS

1. Bring out the features of the British Constitution.

2. Analyse the salient features of the administration system of U.K.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York,Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House

49
UNIT - 6

EXECUTIVE – MONARCHY
STRUCTURE
Overview
Learning Objectives
6.1 Introduction
6.2 Evolution of Monarchy
6.3 Monarch
6.4 Role of Monarchy in the U.K.
6.5 Supports for the Monarchy
6.6 Parliament & Crown
6.7 Arguments for a constitutional monarchy
6.8 Arguments for abolition of monarchy
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

Among the three organs of the government the executive dominates the
political system. Every political executive is the product of the
environment of the state. Its power and position are linked with these. A
political executive can be de-facts or de-jure. Britain has a parliamentary
form of government. The real executive is the Prime Minister. The
Monarch is only the nominal head of the state. This unit attempts to
examine the powers and position of the Monarch.
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Examine the powers and position of the British Monarchy.
 Analyse the role played by the Crown in the Parliament.
 Know the significance of the British Crown.

50
6.1 INTRODUCTION
Monarchy is rule by an individual who is royal, and the system is
usually hereditary. The term monarchy derives from the Greek,
monarkhia, meaning ‘one ruler’. The British monarch, Queen Elizabeth
II, is the sovereign and head of state of the UK and its overseas
territories. The monarch, referred to in the abstract as ‘The Crown’, is
the source of all legislative and executive power. Since Henry VIII, the
British, monarch is also Supreme Governor of the Church of England.
The British monarch is also the Head of the Commonwealth, and the
head of state in 15 of the other 53 Commonwealth member countries.
The British political system is a ‘constitutional monarchy‘: the supreme
power held by the monarch is largely ceremonial and formal, with
actual political power exercised by others.
6.2 THE EVOLUTION OF THE MONARCHY
Queen Elizabeth II can trace her lineage back to King Egbert,
who united England in 829. The only interruption to the institution of
the Monarchy was its brief abolition from 1649 to 1660, following the
execution of Charles I and the rules of Oliver Cromwell and his son,
Richard. The crowns of England and Scotland were brought together on
the accession of James VI of Scotland as James I of England in 1603.
The 1707 Act of Union joined the countries as the Kingdom
of Great Britain, while the 1801 Act of Union joined this with the Kingdom
of Ireland, to create the United Kingdom.
Over the last thousand years, political power in Britain has
passed from the Monarch, who reigned and ruled by virtue of the ‘Divine
Right of Kings’, to Parliament. Parliament began as a body of leading
nobles and clergy that the Monarch consulted in the exercise of power,
which gradually assumed more and more power at the expense
of the Monarch particularly during the upheavals of the 17th Century,
which culminated in the ‘Glorious Revolution’ of 1689. The 1701 Act of
Settlement, critically, passed the power to decide on succession
to the throne to Parliament. By the beginning of the 20th Century, power
had passed almost entirely to Parliament. However, Parliament and
the Government exercise their powers under ‘Royal Prerogative’: on
behalf of the Monarch and through powers still formally possessed
by the Monarch.

51
6.3 MONARCH
One of the features of the British government is the divergence
between its theory and practice. The position of the king is the most
striking example of this divergence. In theory the king is an nominal
powers of the king are extensive and embrace all fields and functions of
the government. Monarchy is the oldest form of government in the
United Kingdom. In a monarchy, a king or queen is Head of State.
The British Monarchy is known as a constitutional monarchy. This
means that, while The Sovereign is Head of State, the ability to
make and pass legislation resides with an elected Parliament.
Although The Sovereign no longer has a political or executive
role, he or she continues to play an important part in the life of the
nation. As Head of State, The Monarch undertakes constitutional
and representational duties which have developed over one
thousand years of history. In addition to these State duties, The
Monarch has a less formal role as 'Head of Nation'. The Sovereign
acts as a focus for national identity, unity and pride; gives a sense of
stability and continuity; officially recognises success and excellence;
and supports the ideal of voluntary service.
6.3.1 POWERS OF THE MONARCH:
1. Executive Powers: The king is the head of the state. All
administrative powers are vested in him. He appoints the Prime
Minister, ministers and all the civil and military officers and they
remain in office so long as it pleases His Majesty. He is the
Supreme Commander of the armed forces. He declares war, makes
peace, concludes treaties with foreign powers, sends and receives
ambassadors and other diplomatic agents.
2. Legislative Powers: The Legislative powers of the king are
extensive. He summons, prorogues and dissolves parliament. When
a new session of parliament commences, he reads to the members
of both the chambers the Speech from the Throne. He assents to
bills passed by Parliament. He can refuse to assent any bill. The
king creates the peers.
3. Judicial Powers: The king is the fountainhead of justice. He has
the prerogative of granting pardon to criminals or reducing or
postponing their sentence. Judges are appointed by the king and all
criminal proceedings are stated in the name of the king.
4. Fountainhead of Honour: The king is the fountainhead of honour.
It means that all honours, titles etc. flow from the king. He bestows

52
 decorations and titles such as peerage and knighthood upon those
who have done meritorious service to the nation
6.4 THE ROLE OF THE MONARCH IN THE UK

In the United Kingdom, the monarch has the following

constitutional duties: the state opening of parliament; the appointment of
the prime minister; the approval of parliamentary legislation; the
approval of official appointments; the approval of secondary legislation
through the privy council; representational duties as head of state such
as paying and receiving state visits to and from other heads of state;
receiving the credentials of foreign Ambassadors; and regular
confidential audiences with the prime minister. In addition to these
constitutional duties, the monarch is also the head of the armed forces;
the head of the judiciary; the head of the civil service; and the supreme
governor of the Church of England. The monarch is also the fount of
honour, and all honours are awarded in his or her name although, with
notable exceptions, most are awarded on the advice of the government.
6.5 SUPPORT FOR THE MONARCHY
The argument that the UK should abolish the monarchy and
become a republic remains at the fringes of mainstream political debate.
The monarchy as an institution retains public support
and the Queen herself is perceived largely as above criticism, despite
the standing of the Royal Family being regarded to have suffered
considerably in the last 30 years. According to YouGov Polls in October
2020, 67% of people wished to see the monarchy continue in the future,
compared to 21% who stated their preference for an elected head of
state, and 12% who didn’t know. Support for the royal family remained
almost identical amongst different social classes, albeit there were
regional and age variations. Compared to 67% in the country as a
whole, just 58% of Londoners and 42% of those aged 18-24 supported
the continuation of the monarchy.
6.6 PARLIAMENT AND CROWN
Along with the House of Commons and the House of Lords, the
Crown is an integral part of the institution of Parliament. The Queen
plays a constitutional role in opening and dissolving Parliament and
approving Bills before they become law. The highest legislative authority
in the United Kingdom. Made up of the House of Commons, House of
Lords and the Queen (who is the UK's current hereditary monarch).This
is another way of referring to the monarchy - which is the oldest part of
the system of government in this country. Time has reduced the power

53
of the monarchy, and today it is broadly ceremonial. The current UK
monarch is Queen Elizabeth II.
Appointing a government:

The day after a general election the Queen invites the leader of the party
that won the most seats in the House of Commons to become Prime
Minister and to form a government.
Opening and dissolving Parliament:
The Crown opens Parliament through the State Opening (marking the
beginning of the Parliamentary year). The Crown only dissolves
Parliament before a general election under conditions laid out in the
Fixed Term Parliament Act 2011 (dissolution).
Queen's Speech:

The Crown informs Parliament of the government's policy ideas and

plans for new legislation in a speech delivered from the throne in the
House of Lords. Although the Queen makes the speech the government
draws up the content.
Royal Assent:
When a Bill has been approved by a majority in the House of Commons
and the House of Lords it is formally agreed to by the Crown. This is
known as the Royal Assent. This turns a Bill into an Act of Parliament,
allowing it to become law in the UK.
6.7 ARGUMENTS FOR A CONSTITUTIONAL MONARCHY
The most frequent arguments made in favour of a constitutional
monarchy revolve around:
An impartial and symbolic head of state: A constitutional monarch is
one who is above party politics or factional interests. The monarch is
thus said to be a focus of national unity. Supporters of
a constitutional monarchy stress the benefits of the head of
government (the prime minister) being separate from the role as head of
state. A constitutional monarch is also able to give impartial non-political
support to the work of a wide range of different types of Organisations
and charities that would not be possible in the same way for a political
figure. This unifying non-political role of the royal family spreads through
the Queen’s annual Christmas Broadcast, attendance at ceremonial
events like Trooping the Colour, and the dispatch of congratulatory
telegrams to centenarians and couples marking their Diamond Wedding
anniversary.

54
A link with history: A constitutional monarch represents a constant and
lasting connection to the country‘s past, with links that date back through
history. The British monarch is also the Head of State of 15 other
independent countries, as well as being the head of the commonwealth
of 53 Nations.
A powerful global representation of Britain: The international
recognition of the British monarchy, with its associated foreign tours and
state visits, is said to help support the influence of Britain around the
world. This is said to bring notable benefits in terms of security,
influence, and trade.
A magnet for tourism: The Royal Family are said to represent a strong
draw for tourists to visit Great Britain. The tourism linked
to royal residences such as Buckingham Palace and Windsor Castle
adds up to 2.7 million visitors a year.
6.8 ARGUMENTS FOR THE ABOLITION OF THE MONARCHY

The most frequent arguments made for the abolition of the monarchy
are:
Democracy: It is argued that in a democracy, the public should be able
to exercise democratic control over the Head of State. This relates to
both electing the post, and having the instruments to check or even
impeach whoever holds that role. None of this is possible if the head of
state is a hereditary monarch.
The Established Church: The continuing existence of the
royal family also attracts criticism because of the way in which the
monarch is both the head of the church and head of state. It is argued
that having an established church, in the form of the Church of England,
discriminates in favour of one religion above all. It is said that this is a
piece of religious discrimination which is a dangerous anachronism in a
multi-cultural, mainly secular society.
A forward looking Britain: Campaigners for the abolition of the
monarchy, argue that having an elected head of state would give a
global boost to brand ‘Britain‘. It is argued that such a change would
project the image of a modern, confident, and forward
looking country abroad. They also argue that the existence of hereditary
power at the top of the country’s political, military and religious
institutions perpetuates a mentality which they describe as being defined
by social class.

55
LET US SUM UP
The political culture and political structure of Great Britain are congruent
hence there is political stability. This pattern of political development led
Great Britain to remain nominal monarchy linked with a unitary and
parliamentary system. Over time Parliament evolved into a true
representative government, similar to the Congress of the United States.
Its upper house, the House of Lords, consists of nobles and originally
held nearly all of Parliament’s power, but over the centuries the lower
house, the House of Commons, grew more powerful. By the 1700s, the
Commons had obtained the sole right to initiate taxes, meaning that a
legislative body consisting of elected officials though most people still
couldn’t vote controlled the state’s purse.
CHECK YOUR PROGRESS
1. The British political system is a _____________________.
2. The _______ plays a constitutional role in opening and dissolving
Parliament and approving Bills before they become law.
3. When a Bill has been approved by a majority in the House of
_______ and the House of ______ it is formally agreed to by the
Crown.
4. Political power in Britain has passed from the Monarch, who reigned
and ruled by virtue of the ‘_______________’ to Parliament.
GLOSSARY
Adjudication : To judge and give decision.
Primus inter pares : First among equals.
Peers : Male member of one of the ranks of mobility.
Ecclesiastical : Clergyman.
ANSWERS TO CHECK YOUR PROGRESS

1. Constitutional monarchy.
2. Queen.
3. Commons and Lords.
4. Divine Right of Kings.

56
MODEL QUESTIONS
1. Critically examine the powers and position of the Monarch of
England.
2. What is the role of monarchy in the British Parliament?
3. Bring out the arguments for a constitutional monarchy in the United
Kingdom.
4. Analyse the powers of the monarchy in the United Kingdom.
5. Trace the evolution of the monarchy in England.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

57
UNIT - 7

PRIME MINISTER AND CABINET

STRUCTURE
Overview
Learning Objectives
7.1 Prime Minister
7.1.1 Position and Powers of the Prime Minister
7.1.2 Factors affecting the powerful role of the Prime
Minister
7.2 The British Cabinet system
7.2.1 Composition
7.2.2 Functions of the Cabinet
7.2.3 Secretariat of the Cabinet
7.2.4 Working procedure of the Cabinet
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Among the three organs of the government the executive dominates the
political system. Every political executive is the product of the
environment of the state. Its power and position are linked with these. A
political executive can be de-facts or de-jure. Britain has a parliamentary
form of government. The real executive is the Prime Minister. The
Monarch is only the nominal head of the state. This unit attempts to
examine the powers and position the Prime Minister and Cabinet.
LEARNING OBJECTIVES

After studying this unit, you will be able to

 Understand the powers and functions of the Prime Minister.
 Examine the powers and position of the Prime Minister.
 Analyse the role played by the Cabinet.

58
7.1 PRIME MINISTER
The Prime Minister is appointed by the monarch but in actual practice he
is the leader of the major political party in the House of Commons. All
other ministers are appointed by the monarch on the recommendation of
the Prime Minister. The Ministers are of three categories: Cabinet
Ministers, State Ministers and Deputy Ministers. Collectively they are
called the Council of Ministers; Prime Minister and his Council of
Ministers have no fixed tenure (5years). They remain in office till their
party enjoys majority in Parliament.
7.1.1 POSITION AND POWERS OF THE PRIME MINISTER:
The Prime Minister by convention is a member of the House of
Commons. He has long experience of administrations as a member of
previous cabinets. His personality and ability have been judged by the
Members of the Parliament. The Prime Minister is the most powerful
person in Britain; ‘He can take upon himself a power not inferior to that
of a dictator, provided that the House of Commons stands by him’ Sir
Anthony Eden writes, a Prime Minister is still nominally primus inter
pares, but in fact his authority is stronger than that’.
1. Prime Minister and Council of Ministers: In England each
department is headed by a Minister of the Cabinet rank. These ministers
are appointed by the King/Queen on the recommendation of the Prime
Minister who also allocates them portfolios. He ensures that all
departments are being administered well. When he gets an impression
that a particular minister is not pulling on well with his department, he
either changes his portfolio or drops him from his cabinet.
2. Prime Minister as Co-ordinator: For smooth running of
administration several independent departments have been created and
each one is allocated certain functions to perform. It is the responsibility
of the Prime Minister to ensure that there is perfect coordination in
administration. He sees that there is no overlapping in work and there is
no waste of resources.
3. Prime Minister as Presiding Officer: Prime Minister is the head of
the Council of Ministers and his views about socio-economic, political,
internal and external policies and administration of the country are final.
All Ministers have the right to express their view point on any issue but
the final decision rests with the Prime Minister. He also issues policy
guidelines for other departments also. If a Minister does not agree with
him, he has to leave the Ministry.

59
4. Prime Minister as Leader of the House: He is leader of the House
of Commons where he announces his policies and gets them approved
by the House. If the House does not approve of his policies, it means a
vote of no confidence against him. He, therefore ensures that his
administrative policies, procedures and systems are approved by the
House.
5. Power of Patronage: He controls administration through his power of
patronage. He recommends to the monarch who should be appointed on
which position so that the administration runs smoothly. Certain senior
positions are filled up by the Cabinet Committees which function under
his guidance and control. This means that a large number of important
and influential positions in the higher ranks of the British Establishment
are effectively in the gift of the Prime Minister.
6. Prime Minister and Legislation: He plays a leading role in the
legislative activities of the country. He finally decides what type of
legislation should be introduced by each Minister in each session of the
Parliament, which laws need amendment and in what way and which
law ought to be removed from the statute book. Each Minister reports his
administrative difficulties to him and receives instructions from him.
7. Prime Minister and Committee system: In British Administrative
system parliamentary committees play an important role. A lot of work is
done at this level. Each such committee has members belonging to all
political parties, but Prime Minister’s party is always in majority. No
important matter can be placed for the consideration of any committee
unless it has been approved by the Prime Minister. Similarly, no final
report can be placed on the table of the House without his consent.
8. Link between the Monarch and the Government: Prime Minister is
an important link between the monarch and the government. He keeps
the monarch informed about policies of the government and also about
important national and international happenings as well as the reaction
and the attitude of his government on these matters. Similarly he keeps
the government and the parliament informed about the Monarch’s
viewpoints. All official engagements of the Monarch are fixed with the
approval of the Prime Minister.
9. Prime Minister during Crisis: The administrative capacity of the
Prime Minister is fully tested in crisis situations such as the sudden
outbreak of war, financial crisis, international events taking a run to the
disadvantage of the nation etc. The whole nation then looks towards him
and watches carefully how he acts so that the administrative system

60
functions smoothly. Administrative functions increase to a great extent
during emergency.
10. Prime Minister and Foreign Affairs: England is a member of
several international Organisations including the U.N. Security Council.
Thus the country has to see that there are no administrative lapses in its
implementation. The Prime Minister has to play a big role at
administrative level in foreign affairs. He has to ensure that there is no
unrest. The Prime Minister has considerable powers and prestige on the
national and international stage. He has to attend frequent summit
meetings with counter parts in other countries. This elevates him above
his colleagues.
7.1.2 FACTORS AFFECTING THE POWERFUL ROLE OF THE
PRIME MINISTER:
(i) His relations with the Monarch. If he has cordial relations with the
Monarch he can discharge his duties freely and may get useful
advice and guidance from the Monarch. If his relations are not
friendly, he may have to face difficulties.
(ii) If the Prime Minister enjoys the support of the majority in the
House of Commons he can work more effectively. If he enjoys
support in the House of Lords also, his work becomes very easy.
In the absence of such support he has to face undesirable
pressures and tension may have to strike unwanted compromises.
(iii) The position of the Prime Minister is powerful if he heads a single
party Cabinet. If it is bi-party or multi-party Cabinet his position
becomes weak and he might have to accept unreasonable
demands of the coalition parties. This would limit his freedom and
power.
(iv) His power also depends on his freedom to select his Cabinet
colleagues. If his colleagues are trusted and efficient and work with
loyalty and dedication, he will emerge as a powerful administrator.
If it is a gathering of discordant elements, it will weaken his
position.
(v) His power also depends on how he exerts control and authority on
his Ministers. They must work with a team spirit and defend him
inside and outside the Parliament from the attacks of the
Opposition. The Prime Minister should also shield them or they
would lose morale and his leadership will be questioned.

61
7.2 THE BRITISH CABINET SYSTEM
The term Cabinet was first used during the reign of Charles II
who used to summon a few favoured members of his Privy Council for
consultation in his private apartments and such courtiers came to be
known as the members of his ‘Cabinet’ after the French word for ‘private
quarters’.
The office of Prime Minister and the institution of the Cabinet
evolved together throughout the nineteenth century. Until 1832 the
Prime Minister and Cabinet were answerable to the Monarch as well as
to the Parliament but after 1832, they became more answerable to the
House of Commons. The power of the Cabinet continued to grow and by
the end of the nineteenth century Britain had moved essentially from
Parliamentary government of the classic type to Cabinet government of
the modern type that is, government through Parliament rather than
government by Parliament.
Cabinet in England plays an important role in the administration
of the country. The whole Cabinet system functions on the basis of
certain well-established conventions and its decisions have no force of
law, but according to Ramsay Muir it is the steering wheel of the ship of
state. Bagehot calls it is hyphen which joins, a buckle, which fastens the
legislative part of the state to the executive part of the state.
Before discussing the formation and powers of the Cabinet, let us
distinguish between the ministry and the cabinet. The ministry consists
of all the crown officials having seats in Parliament and having direct
responsibility to the House of Commons. These are (a) Cabinet
Ministers, (b) Ministers of State (c) Deputy Ministers and (d)
Parliamentary Secretaries. The Cabinet on the other hand consists of
important Cabinet Ministers. The Cabinet is the supreme policy-making
body; non-Cabinet Ministers have no say in policy-making. Then another
difference between the two is that every Minister is not a member of the
cabinet but every member of the cabinet must be a Minister.
7.2.1 COMPOSITION:
The Formulation of the Cabinet: Certain very senior Ministers have a
place in every cabinet for example the Chancellor of the Ex-chequer, the
Home Secretary and the Foreign Secretary Members are also selected
to give representation to different groups and sections of the party as
well as different religions of the country. They must be persons who can
work together as a term and are prepared to accept the principle of
collective responsibility.

62
 Moreover, debating talent is an essential qualification for
inclusion because a Cabinet Minister must not only be a good
administrator but should also have the capacity to defend his department
/ departments when they are criticized by the Opposition parties both
inside and outside the Parliament.
Nearly every Cabinet in modern times has divided into two
layers: a ‘first eleven’ of very senior Ministers who carry real weight and
authority in the Government and a ‘second eleven’ who count for less in
any Government. In every Cabinet it is the Prime Minister who usually
holds most of the high cards in dealings with Cabinet colleagues. He can
determine the membership of Cabinet committees at any rate at the
margin by including additional members who can be relied upon for their
support. He can exploit the use of bilateral meetings with individual.
7.2.2 FUNCTIONS OF THE CABINET:
As said above, the Cabinet is the most important decision making body
in British Central Government. Its functions are discussed below:
1. Executive: It determines both domestic as well as foreign policies
and decides how to meet any problem that may arise from time to time.
It makes important administrative appointments. All legal powers of the
King / Queen in the executive sphere like the declaration of war,
negotiations of treaties, issuing orders in council are actually exercised
by the Cabinet. It also coordinates the work of different administrative
departments and settles inter-departmental disputes. It also enjoys the
powers of delegated legislation. This has enhanced the authority of the
Cabinet. It decides about the creation of new departments and abolition
of existing ones. It also decides which administrative activity should be
dealt with in which department.
2. Legislative: It is the leader in the sphere of legislations. It prepares
legislative programmes and puts them before the Parliament in the form
of bills. Parliament does what the cabinet asks it to do. It summons and
prorogues the Parliament and can dissolve the House of Commons. It
prepares the speech, which the King Queen delivers at the opening of
each session of Parliament.
3. Financial: The Cabinet is responsible for raising necessary revenues
to meet national expenses. The Chancellor of Exchequer prepares
annual budget and presents it to Parliament on behalf of the Cabinet.
Any demand can be rejected or reduced by a Parliamentary vote but can
never be increased. All financial initiatives have passed into the hands of
the Cabinet. It sees that Departments do not commit financial

63
irregularities and that the money is spent for the purpose for which it was
sanctioned. It also sees that accounts are being properly maintained in
the prescribed forms.
4. Judicial: The Cabinet performs some judicial functions also. Judges
are appointed by the Monarch on the advice of the Lord Chancellor who
is a member of the Cabinet. The Cabinet also has judicial powers known
as administrative adjudication. This gives judicial and quasi-judicial
powers to the Ministers and high officials of the government.
Other Administrative Functions of the Cabinet:

i. Honours and titles are bestowed on British citizens on its

recommendations;
ii. All high appointments both civil and military as also both inside the
country and abroad are made on its recommendations;
iii. All judicial appointments are made on the recommendations of Lord
Chancellor, who is a member of the Cabinet.
iv. Criminals are pardoned on its recommendations.
7.2.3 SECRETARIAT OF THE CABINET:
In 1916, Lloyd George, the then Prime Minister of Britain, established a
Cabinet Secretariat to organize the business of the war cabinet and to
serve the Committee of Imperial Defence. He transferred the then
Secretary of the Committee of Imperial Defence (Sir Maurice Hankey) to
become the first Secretary of the Cabinet. Later on, the British Cabinet
decided to retain this War Secretariat on a permanent basis on the
recommendation of the Haldane Committee Report on the Machinery of
the Government in Britain (1918).Over a period of time, the Cabinet
Secretariat has grown in size, strength and significance. In fact, some
more units have been added to it to constitute a bigger unit called the
Cabinet Office. At present, the Cabinet Office includes the following
components:
1. Cabinet Secretariat
2. Central Statistical Office (created during World War-II)
3. Historical Section
5. Government’s Chief Scientific Officer (1966).
6. Efficiency Unit (1983).
7. Office of the Minister for the Civil Service (1987).
It must also be noted here that the Central Policy Review Staff had been
a component of the Cabinet Office from 1970 to 1983.

64
The functions of the Cabinet Secretariat are:
1. To circulate the memoranda and other documents required for the
business of the cabinet and its committees.
2. To compile the agenda for meetings of the cabinet and its
committees.
3. To issue summons of meetings of the cabinet and its committees.
4. To take down and circulate the conclusions of the cabinet and its
committees.
5. To prepare the reports of cabinet committees.
6. To keep the cabinet papers and conclusions.
7.2.4 WORKING PROCEDURE OF THE CABINET:
The working procedure of the Cabinet has been changing according to
the political climate in the country. But now its meetings have become
very frequent. Some important features of the Cabinet system of
government are as follows:
(i) Exclusion of the King / Queen from Meetings: All political
powers are wielded by the Cabinet in the name of the Monarch
who has no real power. He does not attend the meetings of the
Cabinet, as he takes no part in politics. However, all decisions and
policies of the Cabinet are conveyed to him by the Prime Minister.
He also has a right to advice.
(ii) Political Homogeneity: Ministers are members of Parliament
mostly from the House of Commons and are chosen from the
majority party. This provides machinery to secure a stable
government under a unified command of the politically
homogeneous and disciplined leaders.
(iii) Close Relationship between the Executive and the
Legislature: The British Constitution is based on the fusion of
powers and ministers must be members of the Parliament. This
gives the Ministers a representative and responsible character. It
binds the executive and the legislature. This harmonious
collaboration of the two ensures a stable and efficient government.
(iv) Secrecy: Perfect secrecy is maintained about the proceedings of
any meeting of the Cabinet. It saves it from public criticism.
(v) Leadership of the Prime Minister: The Prime Minister creates
keeps and destroys the Cabinet. Minister’s work under his
guidance and leadership. If a Minister refuses to carry out his

65
 instructions, he can be asked to resign or the Prime Minister may
advise the Monarch to dismiss him.
(vi) Solidarity: Solidarity is the requisite of the modern cabinet
system. Matters are fully discussed in the Cabinet and decision
taken. Then collective responsibility becomes obligatory on every
Cabinet Ministry as well as on every Minister outside the cabinet.
(vii) Ministerial Responsibility: Each Cabinet Minister heads a
particular department and is individually responsible for its smooth
working. In addition, he has a collective responsibility with other
members of the government. The British Cabinet is a truly
collective leadership the acts of each member are the acts of all
stand or fall together.
(viii) No Legal Recognition: The British Cabinet has no legal status. Its
actions do not have the force of law. All powers and functions of
the British Cabinet are based on convention.
(ix) Functioning through Committees: In order to have smooth and
efficient working of Cabinet, help of Cabinet Committees is also
sought. These committees are an essential and integral part of
Cabinet Government. They are empowered to take decision on
behalf of the entire cabinet. These decisions are put to full Cabinet
simply for formal ratification.
LET US SUM UP
The Prime Minister is appointed by the monarch but in actual practice he
is the leader of the major political party in the House of Commons. All
other ministers are appointed by the monarch on the recommendation of
the Prime Minister. The Ministers are of three categories: Cabinet
Ministers, State Ministers and Deputy Ministers. Collectively they are
called the Council of Ministers; Prime Minister and his Council of
Ministers have no fixed tenure (5years). They remain in office till their
party enjoys majority in Parliament. The administrative system of United
Kingdom is developed if not evolved in accordance with its social,
political and cultural conditions.

66
CHECK YOUR PROGRESS
1. The Ministers are of three categories: ________ Ministers, ______
Ministers and ________ Ministers.
2. _____________ is the head of the Council of Ministers and his
views about socio-economic, political, internal and external policies.
3. England is a member of several international Organisations
including the _____________.
4. The British Cabinet decided to retain this War Secretariat on a
permanent basis on the recommendation of the __________
Committee Report.
GLOSSARY
Tenure : The holding of an office.
Portfolio : A collection of financial investments like stocks,
bonds, commodities, cash, and cash equivalents.
Patronage : The power to control appointments to office or
the right to privileges.
Homogeneity : The quality or state of being all the same
ANSWERS TO CHECK YOUR PROGRESS

1. Cabinet, State and Deputy.

2. Prime Minister.
3. U.N. Security Council.
4. Haldane.
MODEL QUESTIONS
1. Discuss the role of the Prime Minister in British Administrative
System.
2. Explain the British Cabinet System.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

67
UNIT - 8

LEGISLATURE – PARLIAMENT – HOUSE OF COMMONS & HOUSE

OF LORDS
STRUCTURE
Overview
Learning Objectives
8.1 The House of Lords
8.1.1 Composition
8.1.2 Organisation
8.1.3 Powers and Functions
8.2 The House of Commons
8.2.1 Composition
8.2.2 Organisation
8.2.3 Powers and Functions
8.3 The Speaker of the House of Commons
8.3.1 Election of the Speaker
8.3.2 Duties and Functions
8.4 The process of law-making
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The British Parliament is considered to be the “Mother of Parliament”. It
consists of two houses, the House of Lords that are the Upper House
and the House of Commons, which is the Lower House. An important
feature of the party system of England is the predominance of two
parties. The Legislature in Great Britain is called the Parliament. The aim
of this unit is to discuss the composition, powers and functions of both
the houses, and the main features of the legislative system of England.

68
LEARNING OBJECTIVES
After studying this unit you should be able to
 Explain the powers and functions of both the houses.
 Discuss the law making process in UK.
 Describe the features of the legislative system of England.
8.1 THE HOUSE OF LORDS
8.1.1 COMPOSITION:
The House of Lords is the Upper House or the second chamber of the
British Parliament. It has more than 1000 members, the number varying
through deaths and the creation of new peers. It consists of seven
categories of members.
(1) The Princes of the Royal Blood. In this group there are usually
only two or three male members of the royal family who can qualify,
and these almost never attend meetings.
(2) Hereditary Peers. About 90 percent of the membership is found in
this group. These are the persons who have either received
peerages from the monarch or are the descendants of such
persons. Hereditary peers are automatically members of the House
of Lords. Under the Peerage Act of 1963, however, anyone
succeeding to peerage can disclaim that peerage for his or her
lifetime lose their seat in the House of Lords but are eligible for
election to the House of Commons.
(3) The Scottish Peers. Until 1963 the Scottish peers elected for each
Parliament 16 members from among themselves. The Peerage Act
of 1963 has done away with the practice of election, and opened
membership of the Lords to all Scottish peers.
(4) Lords Spiritual. There are 26 ecclesiastical members of the House
of Lords who are known as Lords Spiritual. They include two
Archbishops of Canterbury and York, the Bishops of London,
Durham and Winchester and 21 most senior Bishops of the Church
of England.
(5) Law Lords. There are nine Lords of Appeal in ordinary (commonly
called Law Lords), appointed under the provision of the Appellate
Jurisdiction Act, 1876 to assist the House of Lords in the
performance of its judicial functions. They hold their seats for life.

69
(6) Life Peers. The Life Peerage Act 1958 allowed the Crown to create
life peers who would also be entitled to receive writ summons for the
House of Lords. They are chosen from among distinguished jurists.
Formerly 28 representatives of the Irish peers used to sit in the House of
Lords. But since the creation of the Irish Free State (non-Irish Republic)
no elections have been held, and no Irish peers remain now.
8.1.2 ORGANISATION:
The Lord Chancellor is the presiding officer of the House of
Lords. The crown appoints several peers to take their place on the
“Woolsack” in order of precedence in the absence of the Lord
Chancellor. The first of the deputy speakers to act for him is the Lord
Chairman of Committees, who is appointed for each session and
presides over all committees, unless the House otherwise directs. The
House also appointsa number of Deputy Lord Chairman of Committees.
The house conducts some of its business in the Committee of
the Whole House, which consists of the members present. It is presided
over by the Lord Chairman of Committees. The House has no standing
committees except one for textual revision to which bills are referred
after being considered by the committee of the whole house. There are
sectional and select committees who consider special kinds of legislation
and gather additional information on pending bills. The Lord Chancellor
is a member of the Cabinet. He is usually a peer, and if he is not, he is
raised to peerage immediately after his appointment. However, a
Commoner can also be chosen to that office. His powers as the
presiding officer are very limited. He has no casting vote.
8.1.3 POWERS AND FUNCTIONS:
The powers and functions of the House of Lords are limited. It is,
therefore, considered to be the weakest second chamber in the world.
Its powers and functions are as follows:
Executive Powers: The House of Lords still enjoys a share in executive
powers. Some of the ministers are members of the House of Lords. The
number of cabinet ministers in the Lords varies; there are usually two to
four out of a total number of about 20.The Lords have the right to ask
questions, to seek information from the government on any aspect of
administration and to debate its policies. But the ministers are not
individually or collectively responsible to the House of Lords. A ministry
is not obliged to pay any attention to a hostile vote in the House of
Lords.

70
Legislative Powers: The legislative powers of the House of Lords were
drastically curtailed by the Parliament Act of 1911. They were further
reduced by the Amending Act of 1949. The Act of 1911provided that any
public bill if passed by the House of Commons in three successive
sessions and if sent, each time, to the Lords at least one month before
the end of the session, might become law without the Lord’s approval,
provided that at least two years have elapsed between the first debate
on the bill in the first session and its final passage in the third. The
period of delay was further reduced by the Parliament Act of 1949 from
three sessions to two and from two years to one. A bill may now become
law despite the dis-approval of the Lords if it has been passed by the
Commons in two successive sessions and if one year has elapsed
between the date of the second reading in the first session in the House
of Commons and the date on which it is passed by the Commons for the
second time.
Financial Powers: On money bills the House of Lords have no powers
at all. The Parliament Act of 1911 provided that more bills, if passed by
the House of Commons, should become law on their concurrence. The
term “money bill” is so defined as to include measures relating not only
to taxation but also to appropriations, loans, and audits, and the Speaker
of the House Commons is given absolute power to decide whether a
given measure is or is not a money bill within the meaning of the Act.
Judicial Powers: The House of Lords is the Supreme Court appeal for
cases in the United Kingdom of Great Britain and Northern Ireland and a
court of impeachment for the trial of important officers of the crown.
Impeachments have long gone out of use; there is no need for them as
the principle of ministerial responsibility is now well established. As the
highest court of appeal the whole house never meets. It is only the Law
Lords who perform the judicial function of the house.
8.2 THE HOUSE OF COMMONS
8.2.1 COMPOSITION:
There are 635 members in the House of Commons, 516 for
England, 36 for Wales, 71 for Scotland and 12 for Northern Ireland.
Every British citizen who has attained the age of 18 enjoys the right to
vote. There is no distinction between men and women in this respect.
There is no racial, literary, educational property owning or tax-paying
qualification. Only those citizens who are subject to legal incapacity,
such as, insanity or imprisonment, have no right to vote.

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 All British citizens of either sex, provided they are 21 years age
are eligible for election. The clergymen of the Church of England the
Church of Scotland, the Church of Northern Ireland and the Roman
Catholic Church; undischarged bankrupts, persons holding certain public
offices, the members of public services and peers are prohibited from
seeking election. The House of Commons is elected for a period of five
years. However, it may be dissolved earlier by the sovereign on the
advice of the Prime Minister. Its period can also be lengthened during
war or other emergency.
8.2.2 ORGANISATION:
The House of Commons is presided over by the Speaker. He is elected
by the members immediately after a new parliament is formed. As soon
as he is elected, the Speaker cuts of his party affiliations and becomes a
non-party man. The Speaker presides over the sittings of the house,
maintains discipline, control debates, allows members to speak, gives
permission for the introduction of a bill or motion, puts bills and motions
to votes and announces the result of voting. The Speaker has the
absolute power to decide whether a bill is or is not a money bill. The
chairman of the Ways and Means and one or two deputy chairman are
other office of the House. All of them can act as deputy speaker.
The House of Commons has a number of legislative committees such as
(1) committee of the whole house, (2) standing committees, (3)
sessional committees, (4) select committees on public bills, and (5)
committees on private bills. These committees examine the bills referred
to them.
8.2.3 POWERS AND FUNCTIONS:
(1) Legislative functions: The function of the House of Commons
is numerous. Its most important function is law making. Parliament is a
sovereign law-making body, within legal restrictions on its powers. In
theory law making is just formal. The legislative powers of the House of
Lords also have been drastically curtailed by the Parliament Act, 1911
and the Parliament Act, 1941. The House of Commons can initiate any
measure. The most important bills generally originate there and the
verdict of the commons determines their fate. A bill passed by the
Commons goes to the House of Lords and then presented to the King
for his assent, which is invariably signified. However, the House of Lords
can delay the passage of a bill for one year. The Parliament of Act 1949
provides that if a non-money bill is passed by the House Commons in
two successive sessions and one year has elapsed between the date of
the second reading in the first session and the date of which it is passed

72
by the Commons for the second time, it will become law despite the
disapproval of the Lords.
(2) Financial functions: The House of Commons is supreme in
financial matters. All money bills originate in the Commons. The
Parliament Act of 1911 runs as follows:“If a money bill, having been
passed by the House of Commons, and sent up to the House of Lords at
least one month before the end of the session, is not passed by the
House of Lords without amendment within one month after it is sent up
to that House, the bill shall, unless the House of Commons direct to the
contrary, be presented to his Majesty and becomes an Act of Parliament
on the royal assent being signified, notwithstanding that the House of
Lords has not assented to the bill.”
The term ‘money bill’ is so defined as to include measures relating not
only to taxation but also appropriation and loans and audits. The power
to decide whether a bill is or is not a money bill within the meaning of the
act, is given to the speaker of the House of Commons, with no appeal
from his decision.
8.3 THE SPEAKER OF THE HOUSE OF COMMONS
8.3.1 ELECTION OF THE SPEAKER:
The speaker of the House of Commons is elected by the house
from amongst its own members at the opening of each parliament. In
practice the Prime Minister selects in consultation with the opposition a
person who has not been a conspicuous partisan. The election of the
speaker is subject to formal approval of the king. The speaker thus
elected, continues in office for the whole life of parliament. But once
elected, continues in office for the whole life of parliament. But once
elected, he is invariable re-elected again and again so long he is willing
to serve. There is a convention that the Speaker’s seat must not be
contested at a general election.
8.3.2 DUTIES AND FUNCTIONS:

(1) The speaker presides over the sittings of the House, except when
it sits as a Committee of the Whole. All speeches and remarks are
addressed to him and not to the House. It is his business to see
that the proceedings are conducted with decorum and in an orderly
manner. He warns disorderly members, and suspends them from
sittings. The sergeant arms are always present in the House to
assist the Speaker in maintaining decorum and order. He adjourns
the house if the disorder becomes too serious.

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(2) The Speaker decides who shall have the floor. He has to see to it
that the debate centers on the main issue before the House and
members do not deviate from the subject of discussion.
(3) The Speaker interprets and applies the rules. He decides points of
order. As regards interpretation of the rules his decision is final. It
is said that the speaker like the Pope is infallible.
(4) When a member of the House addresses a query to the Prime
Minister or to an individual minister, the speaker approves it as
proper. He can declare a question as improper and disallow it.
(5) The Speaker puts the bills and motions to vote and announces the
result.
(6) Whenever there are equal votes “for” and “against” a bill, the
Speaker has the right to give a casting vote. However, the casting
vote is exercised according to well-established conventions.
(7) The Speaker decides whether a bill is or is not a money bill, and
there is no appeal against his decision.
(8) The Speaker derives his name from being the spokesman of the
house in its dealings with the crown.
(9) He issues writs to fill vacancies in the House. He signs warrants
by the order of the house for the commitment of offenders against
its privileges. He is the judge of any alleged breaches of privilege
that occur inside the House during debate.
(10) He appoints members to conferences and commissions.
8.4 THE PROCESS OF LAW MAKING

In England the Cabinet system vests legislative initiative and

responsibility in the Cabinet. The individual members of Parliament may
introduce what are known as “private members” bills, but only a limited
amount of time is allotted for their consideration. Most legislative
proposals are introduced by ministers, and they are called government
bills. Bills may be either public or private. A public bill is one, which
affects the general interest and concerns the whole public or a large
section of them. A private bill is one whose object is “to alter the law
relating to some particular locality, or to confer rights on or relieve from
liability some particular person or body of persons”.
The main stages in the passing of a bill are:
(1) First reading: The introduction of a bill is preceded by a formal
notice. A member (or a minister) has to give notice of his intention to

74
 introduce a bill. When called upon by the Speaker he may present
the bill on the Clerk’s table. The Clerk of the House reads aloud the
title of the bill. Normally, no opposition is made. The bill is printed.
(2) Second reading: The second reading is the most crucial stage in
the life of a bill. The member in charge of the bill moves “that the bill
be now read a second time”. It is at this stage that “the battle
between the friends and foes of the measure really begins. There is
no detailed, clause-by-clause, discussion. After the debate the bill is
put to vote, and if passed, it is committed, sent to a committee. It
may be remembered here that the British system differs from the
American in this respect. In America a bill is referred to a Committee
immediately after a first reading.
(3) Committee stage: The committee stage provides occasion for a
detailed discussion of the bill. Every clause of the bill is separately
discussed, and accepted, rejected or amended with or without
debate. The British committees, unlike their American counterparts,
do not possess the power of life and death over the bill. They cannot
kill a bill by declining to send it back to the House. Their role is
limited; they can only refine and improve bills referred to them.
(4) The report stage: If the bill has not been amended by the
committee, it may be given a third reading without a discussion. But
if the committee has suggested amendments to the bill, they may be
debated during the Report stage. Any member may move
amendments. Generally, a bill reported back to the House is passed
with little, if any, delay.
(5) Third reading: The final stage in the passage of a bill in the House
is the third reading. The debate at this stage is only on the principles
of the bill as a whole. No detailed discussion takes place. The bill is
passed or rejected
(6) Consideration by the House of Lords: If a bill has been initiated in
the House of Commons it would go to the House of Lords after the
third reading. There it passes through more or less similar stages.
(7) Finally, if the bill has been passed by both Houses without any
disagreement, it is presented to the Sovereign for his assent. The
assent may be given by him in person, or he may issue a
commission authorizing certain commissioners to declare and notify
his royal assent. The latter is now a normal practice.

75
Financial legislation (budget): The procedure of enacting money bills
is somewhat different from that of ordinary bills. First, a money bill
always originates in the House of Commons. Secondly, a money bill is
not referred to a standing committee, but to the committee of the whole,
that is to say, the entire membership of the House of Commons. Thirdly,
the House of Commons cannot vote money for any purpose, nor can
impose a tax except at the demand and responsibility of the crown.
Finally, the House of Lords has no power in financial matters; the house
of commons is supreme.
The function of the House of Commons in respect of financial
begins only after the budget is presented to it by the government. The
budget is prepared by the Treasury with the Chancellor of Exchequer at
its head. The various departments of government supply their estimates
to the treasury; and they are discussed in the cabinet before the budget
is presented. On presentation, the House transforms itself into a
committee of the Whole House in supply (the committee of supply) to
discuss the estimates of expenditure. This committee is presided over
not by the speaker, but by the chairman of the committee of the whole.
Similarly, the House meets as its committee of the whole House in
“Ways and Means” (the committee of ways and means) to discuss
proposals for raising funds. The resolutions of the committee of supply
and the committee of way and means are reported back to the house
with the speaker back is the chair. On the basis of these resolutions, two
acts, the appropriation act and the finance act are passed by the house.
The appropriation act authorizes expenditure and the finance act
taxation.
LET US SUM UP

The House of Lords is the Upper House in U.K. Lord Chancellor

presides over its sittings. It has varied functions. It is the supreme court
of appeal. The House of Commons is the Lower House. It is elected for
five years. The important function of it is law making. When a money bill
has been passed by the House of Common it is sent up to the House of
Lords at least one month before the conclusion of its session. The
House of Lords has no right to amend or reject a money bill. If a money
bill is not passed by the House of Lords without amendment within one
month after it is sent up to that House, the bill is presented to the
Sovereign and becomes an Act of Parliament on the royal assent being
signified notwithstanding that the House of Lords has not assented to
the bill.

76
CHECK YOUR PROGRESS
1. There are nine Lords of Appeal appointed under the provision of the
Appellate Jurisdiction Act, 1876 to assist the House of Lords in the
performance of its _________ functions.
2. The ____________ is the presiding officer of the House of Lords.
3. The legislative powers of the House of Lords were drastically
curtailed by the Parliament Act of _______.
4. The House of Lords is the Supreme Court appeal for cases in the
United Kingdom of Great Britain and _________________.
GLOSSARY:
Bankrupt : Declared in law as unable to pay their debts.
Peerage : The title and rank of peer or peeress.
Racial : Connected with difference in race or ethnicity.
Arch Bishops : The chief bishop responsible for a large district.
ANSWERS TO CHECK YOUR PROGRESS

1. Judicial.
2. Lord Chancellor.
3. 1911.
4. Northern Ireland.
MODEL QUESTIONS
1. Discuss the role of the legislature in the British Administrative
System.
2. Explain the role of Parliament in the United Kingdom.
3. What are the functions of the House of Commons?
4. What is the law-making process in British Parliament?
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York,Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House

77
UNIT - 9

JUDICIARY
STRUCTURE
Overview
Learning Objectives
9.1 Introduction
9.2 Judicial Branch – Powers & Functions
9.3 Meaning of Rule of Law
9.4 Rule of Law
9.5 Dicey’s Concept of Rule of Law
9.6 Principles of Rule of Law
9.7 Rule of Law & UK Constitution
9.8 Relevance to 21st Century
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

Several contributions have been made to the actual theory of Rule of

Law and we will also be discussing the relevance of the Rule of Law to
the United Kingdom in the 21st century. According to Dicey’s theory
justice must be done through known principles of law and not by
principles of men. He believes that where there is discretion there is
always a room for arbitrariness. The concept of rule of law does not
merely mean formal legality which assures regularity and consistency in
the achievement and enforcement of democratic order, but justice based
on the recognition and full acceptance of the supreme value of the
human personality and guaranteed by institutions providing a framework
for its fullest expression. The aim of this unit is to explain the judiciary
system and local governments in U.K.

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LEARNING OBJECTIVES
After reading this unit you should be able to
 Understand the structure and functions of UK’s Judiciary.
 Know the importance of rule of law.
 Discuss the Organisation of Rule of Law in UK Constitution.
9.1 INTRODUCTION

The Rule of law, in UK, was developed over the centuries as a brake on
arbitrary power. The modern concept of Rule of law owes much to the
great battles between the English kings and their subjects, the struggle
for supremacy between parliament and Stuart kings, and finally the war
between the British Empire and its American Colonies. The Rule of Law
is one of the outstanding features of the British constitution. It means
government of law as against government of men. In the words of Lord
Hewart, the Rule of Law means the “supremacy or dominance of law, as
distinguished from mere arbitrariness, or from some alternative mode
which is not law of determining or disposing of the right of individuals.”
According to A.V. Dicey, the Rule of Law means three things:
1. Firstly, no man is punishable, or can be lawfully made to suffer in
body or goods, except for a distinct breach of law, established in the
ordinary legal manner before the ordinary courts of the law. In this
sense the Rule of Law is contrasted with every system government
based on the exercise by persons in authority, of wider arbitrary or
discretionary powers of constraint. This principle implies that no
person may be deprived of life, liberty and property except for a
definite breach of law proved in a definitely constituted court of law.
2. Secondly, the Rule of Law means equality, i.e., there is one law for
all. In this sense it excludes any idea of exemption of officials or
others from the duty of obedience to the law, which governs other
citizens, or from the Jurisdiction of ordinary courts. Every official from
the Prime Minister down to a constable is under the same
responsibility as any other citizen. This is in contrast to the system of
administrative law prevailing in France and other European countries.
3. Thirdly, the general principles of the constitution, e.g., the right to
personal liberty, the right of public meeting and freedom from
trespass, are in England, the result of judicial decisions determining
the right of private persons in particular cases brought before the
courts. In other countries these principles are generally laid down in a

79
 written constitution. According to Dicey, the rule of law is a better
guarantee of the rights of the people.
9.2 JUDICIARY – POWERS & FUNCTIONS
9.2.1 CIVIL COURTS:
The County Courts: The lowest of the civil courts in England and Wales
are the county courts. There are about 500 such courts. A county court
is presided over by a salaried judge, who almost always sits alone, but
may take the help of a jury if either party desires. But for the London
County Council, the lowest court is the Mayor’s and City of London
Court. Some boroughs are served by borough courts like Salford
Hundred Court, Liverpool Court of Passage and Bristol Tolzey Court.
The High Court of Justice: Above the county courts there is one
Supreme Court of Judicature. It has two sections, the Court of Appeal, in
which sit the Master of Rolls and eight Lord Justices of Appeal, and the
High Court of Justice. The latter is organized into three divisions: (a) the
King’s (or queens) Bench; (b) the Chancery; and (c) the Probate,
Divorce and Admirally Division. The Court of Appeals is divided into the
Court of Appeal proper and the court of Criminal Appeals. The highest
court in the country is the House of Lords. Appeals from the Country
Courts are heard by the High Court of Justice. If the sum involved in a
dispute a large, a case may directly go to the High Court.
The Court of Appeal: The Court of Appeal is a sort of upper chamber of
the High Court of Justice. It hears appeals against the decisions of both
the High Court and the Country Courts. It has no original jurisdiction.
The House of Lords: The House of Lords is the highest court in Britain,
both in civil and criminal cases. The whole House never sits as a court.
All appeals are heard by ten Law Lords, the Lord Chancellor who
presides over the court and nine Lords of Appeal in Ordinary. In civil
cases appeals can be taken to the House of Lords only with the
permission of the Court of Appeal, or when the House of Lords itself
grants special leave to appeal to itself.
9.2.2 CRIMINAL COURTS:
Courts and Justices of Peace and Stipendiary Magistrates: The
lowest criminal court in a country is known as the Court of Justice of
Peace and in a borough the court of Stipendiary Magistrate. Justices of
Peace are appointed by the Lord Chancellor on behalf of the Crown and
the Stipendiary Magistrate by the Secretary of State for Home Affairs.
Justices of Peace serve without pay, and the Stipendiary Magistrates

80
are paid regular salaries or stipends. These courts are entitled to try
minor cases which are punishable by a fine not exceeding twenty
shillings or by imprisonment for not more than two weeks. Where two or
more Justices sit as a court, it is known as Petty Sessions. The Petty
Sessional Courts have greater power to impose fines or award jail
sentence. But in most case they cannot award more than 6 months
imprisonment.
The Court of Quarter Sessions: Higher above the Justices of Peace
Courts is the Court of Quarter Sessions. It is so named because it
normally meets four times a year. It consists of the majority of or all the
Justices of Peace in an administrative county or county borough. All
indictable offences save the most serious ones like those of murder and
treason can be tried in this court. In larger towns the Quarter Sessions is
presided over by a single judge known as the Recorder.
Court of Assizes: A Court of Assizes is a sort of a branch of the High
Court of Justice. It is a circuit court, which is held periodically in each
county and each of the bigger towns. The Court of Assizes can try all
cases of serious crimes, e.g., armed robbery, arson, murder etc. It is the
highest court of original jurisdiction. A Queen’s Bench judge presides
over the court and he is assisted by a jury.
Appeals in Criminal cases: An appeal from convictions or sentences in
the Quarter Sessions and Assizes may be taken to the Court of Criminal
Appeal, which consists of at least three judges of the Queen’s Bench
Division of the High Court of Justice and is presided over by the Lord
Chief Justice. The Court sits in London without a jury. An appeal from
the verdict of the Court of Criminal Appeal may be carried to the House
of Lords, provided the Court certifies that some legal point is involved in
the case. The House of Lords is the highest court of appeal in criminal
as well as civil cases. The last legal resort for a convicted criminal is to
request for the royal prerogative of pardon.
Peculiar features of the British Judicial System
1. No Single form of Judicial Organisation: An important feature of
the judicial system of Britain is that no single form of Organisation
prevails throughout the United Kingdom. There is one scheme of
courts for England and Wales, another for Scotland and still another
in Northern Ireland.
2. Absence of administrative courts: There are no separate
administrative courts in Britain; such as there are in France and other
continental countries. In France and other continental states there are

81
 two kinds of law, ordinary and administrative, and for the
administration of each kind there is a separate set of courts known as
administrative courts. In England there is some sort of administrative
law in the form of accepted principles and usages which apply in
fixing relationships and settling disputes between administrative
officers on the one hand and private individuals or corporations on the
other. But there are no separate courts for settling such disputes.
Disputes of this type also go to the same courts as the cases of other
sorts.
3. Integration of the Courts in England and Wales: A third important
feature is that now there is an integrated and unified system of courts
for England and Wales. A century ago, “the country was cluttered up
with unrelated, overlapping and sometimes relatively useless
tribunals”. But the reforms introduced between 1873 and 1876
thoroughly reorganized the judicial system in England and Wales.
Practically all the courts in these regions have been brought together
under a single centralized system.
4. No Judicial Review: In Britain there is no system of judicial review.
Parliament is sovereign. It can make or amend any law, ordinary or
constitutional. The courts have no right to challenge the validity of
parliamentary enactments on any ground whatsoever. However,
Orders-in-Council, rules and orders of administrative authorities may
be scrutinized by the courts to ascertain whether they are ultra vires.
Besides, the courts also interpret the statutes in the sense of
determining what they mean.
5. Courts custodians of the liberties of the people: The English men
have no fundamental rights as the Russians, the Americans or Indian
have. But it does not mean that the British citizen enjoys no right and
liberties. The burden of guarding the liberties of the citizen rests on
the courts. Some constitutional guarantees of liberty, e.g. the privilege
of the writ of habeas corpus, the right to bear arms the right of petition
and immunity from excessive bail and cruel punishment are provided
in great statutes like the Habeas Corp us Act of 1679 and the Bill of
Rights of 1689. Others, as freedom of speech, assembly and religion
are enshrined in the principles of common law. And above all there is
the rule of law. It is the duty of the courts to defend the liberties of the
people embodied in the above mentioned documents and principles.
6. The Jury System: Trial by jury is another important feature of the
British judicial system. It means a mode of trial by which a few
citizens selected for the purpose act as the judges of the truth of the

82
 facts in suits between parties, and are compelled to discharge the
duty, but in subordination to the higher judge who has distinct
functions of control. In this mode of trial there is an association of
laymen and experts, of the unlearned jury and the learned judge. The
verdict of a jury in favour of the accused cannot be reviewed at the
instance of the prosecution. But as the expenses of the jury have to
be paid by the accused, the jury system has become unpopular.
9.3 MEANING OF RULE OF LAW
The rule of law is the framework that underpins open, fair and
peaceful societies, where citizens and businesses can prosper. It is
essentially about ensuring that:
 public authority is bound by and accountable before pre-existing,
clear, and known laws
 citizens are treated equally before the law
 human rights are protected
 citizens can access efficient and predictable dispute resolution
mechanisms
 law and order are prevalent
A well-functioning justice sector with accountable and transparent
government and justice institutions underpins an open and fair society
where legal standards and citizens' experience of the law and legal
services are improved.
9.4 RULE OF LAW
Rule of law is the supreme manifestation of human civilization
and culture and is a new ‘lingua franca’ of global moral thought. It is an
eternal value of constitutionalism and inherent attribute of democracy
and good governance. The term ‘Rule of law’ is derived from the French
phrase ‘la principe de legalite’ which means the ‘principal of legality’. It
refers to ‘a government based on principles of law and not of men’. In
other words, the concept of ‘la Principe de legalite’ is opposed to
arbitrary powers. It is a legal principle, of general application, which is
sanctioned by the recognition of authorities, and usually expressed in
the form of a maxim or logical proposition called a "Rule," because in
doubtful or unforeseen cases it is a guide or norm for their decision. The
Rule of law, sometimes called "the supremacy of law", provides that
decisions should be made by the application of known principles or laws
without the intervention of discretion in their application.

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 The Great Charter: Magna Carta on June 15, 1215 in the
meadows of Runnymede, King John and his rebellious barons agreed to
the great charter known as Magna Carta. The great charter was the first
significant written instrument limiting the power of the king and confining
him to what the barons regarded as good governance. These promises
were a bargain between the king and the feudal lords dictated by the
force of arms. Winston Churchill, in his History of English Speaking
peoples, writes about the glorious legend of the charter of an
Englishman’s liberties. “The original Articles of the barons on which
Magna Carta is bases exist today in the British Museum. In the next
hundred years it was reissued 38 times, at first with a few substantial
alterations but retaining its original Characteristics”.
9.5 DICEY’S CONCEPT OF RULE OF LAW
Dicey’s formulation of the concept of Rule of law, which
according to him forms the basis of the English constitutional law,
contains three principles:
1. Absence of discretionary power in the hands of the governmental
officials. By this Dicey implies that justice must be done through known
principles. Discretion implies absence of rules, hence in every exercise
of discretion there is room for arbitrariness.
2. No person should be made to suffer in body or deprived of his
property except for a breach of law established in the ordinary legal
manner before the ordinary courts of land. In this sense, the rule of law
implies:
a. Absence of special privileges for a government official or any
other person
b. All the persons irrespective of status must be subjected to the
ordinary courts of the land.
c. Everyone should be governed by the law passed by the ordinary
legislative organs of the state.
3. The rights of the people must flow from the customs and traditions of
the people recognized by the courts in the administration of justice.
9.6 PRINCIPLES OF RULE OF LAW

The rule of law is a fundamental doctrine by which every

individual must obey and submit to the law, and not arbitrary action by
other people of groups. In essence, no one is above the law. The United
Kingdom does not have a written constitution. The rule of law, along with
Parliamentary Sovereignty and court rulings, is fundamentally the

84
defining principle of our ‘unwritten constitution’. The rule of law
comprises a number of fundamental principles and values.
Legal certainty:

The principle of legal certainty means that all laws enacted in the UK
must be applied in a precise and predictable manner. This means when
legislation is passed to convey a particular purpose, this purpose is
carried out within the law. Everyone must be able to have their conduct
regulated in a manner that is certain. Therefore, the laws under which
someone is convicted and punished should be passed in the correct
legal manner and that a person’s guilt should only be established
through the ordinary trial process.
Equality:

The rule of law requires that every case which is alike should be treated
the same. Each citizen has the right to be protected from unjust
discrimination from the state: the state cannot say that one person is
below or above another in law, regardless of their rank or status. The
law also states that a person cannot be treated unfairly by the state due
to their ethnic, sexual or religious views. AV Dicey, who first outlined the
rule of law and parliamentary sovereignty, believed that equality before
the law was extremely important that officials should be dealt with by the
same court as the ordinary citizen, demonstrating to the general masses
that the government was not being unjustly lenient on an official.
Fairness:
All laws and procedures must be freely available to each citizen, and
laws which are written down must also be legible to ensure clarity, and
prevent unfair discrimination and enforcement. The rule of law also
means that the law must be understandable, and the terminology must
not be such that a person cannot understand it; nor should legislation be
too ambiguous that the reason for its enactment be lost.
Retrospective legislation:

The rule of law requires that laws must not be retrospective: a person
cannot be tried for an offence if the conduct or behaviour was not an
offence when the person committed it. However, this aspect of the rule
of law is being watered down, with some legislation having retrospective
effect. This means some laws can effectively be broken before they
have even come into force. Two examples are: under the War Crimes
Act 1991, and some laws relating to taxation.

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Due process:
Due process means a person will be imprisoned, or otherwise punished,
if there is substantial and sufficient evidence of their guilt. Due process is
particularly concerned with people receiving a fair trial rather than
proving their guilt. If a person’s liberty is taken away from them and the
courts cannot demonstrate their guilt by evidence, then they may be
entitled to be awarded damages for the loss of their personal liberty. A
notable case that purported to establish the rule of law in the UK was the
case of Entick v Carrington (1765) 19 St Tr 1030. This case showed that
the police must show lawful authority (a power conferred on them by
law) to enter a person’s private property and seize personal property.
Here, police officers went into Entick’s property and seized personal
papers without having a warrant, leading to his arrest and loss of his
personal liberty. A fundamental value under the rule of law is that a
person cannot lose their personal liberty unless it can be proved that
they broke the law.
9.7 RULE OF LAW & U.K. CONSTITUTION
The significant feature to the Rule of Law is that individual liberties
depend on it. Its success depends on the success of trial by jury and the
impartiality of judges. It also depends on Prerogative Orders.
Prerogative orders are matters that are acted upon by the crown on
issues that parliament have not legislated upon. Prerogative orders are
made by the Privy Council. There are three Prerogative Orders:
 Certiorari calls a case up from an inferior court to a superior one to
ensure justice is done.
 Prohibition prevents an inferior court from hearing a case it does not
have the power to listen to.
 Mandamus orders an inferior court to carry out its duties.
The idea of equality before the law is subjected to so many exceptions.
In so far as equal powers are concerned, it must be recognised that the
police have powers over and above ordinary citizen under common law
and Criminal Evidence Act 1984, such as the ability to use reasonable
force when making an arrest. Ministers also do have power to enact
delegated legislation and the government exercises prerogative powers.
Members of Parliament have immunities not available to citizen. In the
words of Sir Ivor Jennings, ‘No two citizens are entirely equal.’ Therefore
we are not equal before the law, however are we subject to being equal
under the law but just in different ways?

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9.8 RELEVANT TO 21st CENTURY
Supporters of a written and clearly defined constitution believe that as
society has had its liberties more and more encroached on by central
government, the Rule of Law is more important now than ever. They
claim that central government has sought and seeks to undermine the
three basic tenets of Dicey’s code with an increase in things such as:
 the Official Secrets Act
 the attempt to remove an individual’s right to trial by jury
 the activities of the Secret Service (especially after September
11th)
Removing what were considered traditional rights (such as the removal
of the workers right at GCHQ to belong to a trade union under the
Thatcher government (though brought back since 1997). The gagging
clause that now has to be signed by those in the Civil Service after the
Clive Ponting and Belgrano issue shortly after the end of the Falklands
War
However, individuals still retain a great deal of personal freedom and
many individuals will never be affected by the Official Secrets Act or the
activities of Britain’s secret services. It is agreed with some justification
that a modern society needs bodies like MI5 and MI6 because there are
a tiny number of individuals who wish to subvert society and have to be
dealt with accordingly. Also there are bodies that theoretically oversee
the activities of government agencies and their work such as the Council
of Tribunals and the Parliamentary Commissioner. It is argued that these
bodies help to protect the rights of the individual at the expense of any
incursions into their personal freedom by government agencies.
LET US SUM UP

Despite its inconsistencies, its crudities, its delays and its weaknesses,
Rule of Law still embodies so much of the results of that disposition as
we can collectively impose. The best of man's hopes are enmeshed in
its process; when it fails they must fail; the measure in which it can
reconcile our passions, our wills, our conflicts, is the measure of our
opportunity to find us. Man may be a little lower than the angels, he has
not yet shaken off the brute and the brute within is apt to break loose on
occasions. To curb and control that brute and to prevent the
degeneration of society into a state of tooth and claw, what is required is
the ‘Rule of Law’. Rule of law is the supremacy of law, equality before
law and predominance of legal spirit.

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CHECK YOUR PROGRESS
1. According to Lord Hewart, the Rule of Law means the
_____________ of law.
2. The county courts has two sections, the Court of ______ and the
__________________.
3. A __________ is a circuit court which is a branch of the High Court
of Justice.
4. Examples of ______________ are War Crimes Act 1991 and some
laws relating to taxation.
GLOSSARY
Tax : A compulsory contribution to state revenue.
Imprisonment : The state of being imprisoned or captivity.
Stipendiary : Working for payment rather than voluntarily.
Assizes : A court which formerly sat at intervals in each
county of England and Wales to administer the
civil and criminal law.
ANSWERS TO CHECK YOUR PROGRESS
1. Supremacy.
2. Appeal and the High Court of Justice.
3. Court of Assizes.
4. Retrospective legislation.
MODEL QUESTIONS
1. Discuss the Organisation and features of the Rule of Law.
2. Analyse the meaning and significance of rule of law?
3. Describe the principles of Rule of Law in British Judicial system.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

88
Unit - 10

PARTY SYSTEM AND PRESSURE GROUPS

STRUCTURE
Overview
Learning Objectives
10.1 Party System in UK
10.1.1 Main Features of Party System in U.K
10.1.2 Organisation and Functions of Parties
10.1.3 Role of Parties in the Governmental System
10.2 Pressure Groups
10.2.1 Meaning of Pressure Groups
10.2.2 Function of pressure groups
10.2.3 Types of Pressure Groups
10.3 Role of Pressure Groups in UK Party System
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The Legislature in Great Britain is called the Parliament. The aim of this
unit is to discuss the main features of the party system of England. The
discussion will also bring to focus the role of Pressure Groups in United
Kingdom. Based on their relationship with United Kingdom policy
makers, they can be divided into insider groups, who have high degree
of involvement and influence and outsider groups, who have little or no
direct involvement or influence.
LEARNING OBJECTIVES

After studying this unit, you should be able to

 Explain the party system in the United Kingdom.
 Discuss the working of the party system in United Kingdom.

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 Describe the features of the two-party system of England.
 Assess the role of pressure groups.
10.1 PARTY SYSTEM IN U.K

In U.K. there is predominance of two parties. There are minor parties but
they are insignificant. The bi-party system has arisen wholly from
historical circumstances. The two major parties are the Conservative
and Labour though Labour party came into existence in 1900.
10.1.1 MAIN FEATURES OF PARTY SYSTEM IN U.K:
Two-party system: An important feature of the party system of England
is the predominance of two parties. This two-party system has persisted
for about three centuries. But it does not mean that there has never
been a third party. There is nothing in the political system of the country
that may prevent the emergence of a third party. The Englishmen enjoy
freedom of association and can form as many political groups or parties
as they like. The bi-party system has arisen wholly from historical
circumstances and in no wise from plan or design. The earliest parties
were the Tories and the Whigs, who appeared in the eighteenth century.
Early in the nineteenth century, the Tories came to be known as
Conservatives and the Whigs as Liberals. In 1900 the Labour party
came into existence and for parties, the Conservative, Liberal and
Labour, there were numerous minor parties and groups. A complete
change in the party positions took place after the Second World War.
The number of parties that succeeded in parliamentary elections
considerably declined. There were eleven organized parties and thirty-
three groups, which participated in the general election of 1950, but
many of them could not capture any seat. The trend continued, and now
there are only two major parties, the Conservative and Labour, through
minor parties and groups still exists.
Composite character of parties: Although class identification is an
important factor in explaining the distribution of party followings in
England, yet the British political party lines have never been wholly
drawn on class lines. In the nineteenth century the bulk of the
aristocratic and wealthier classes was drawn into the conservative party
which represented the viewpoint of the man who had deep respect for
tradition believing it to be the necessary anchorage of a sound social
order. The Liberal party was the party of reform and changed along the
lines of middle class thinking. The Labour party was in the beginning the
expression of the trade unions and socialist societies; its ideal and object
was the socialist state, to be achieved through the progressive
curtailment of competitive enterprise and the substitution therefore of

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public ownership; operation and control. But during the twentieth century
the class complexion of the major British parties has considerably
changed. The Conservative party has adopted an increasingly liberal
attitude on many issues and the Labour party has broadened its base so
that it today receives substantial support from the middle and even the
upper classes. It has cut deeply into the former Liberal and Conservative
strongholds. Today both the Conservatives and Labour have to appeal
to the broad cross section of the electorate; without such appeals they
cannot hope to win a majority in parliament. This helps to reduce any
tendencies towards social and political conflict based exclusively on
class interests.
Rigid party discipline: Every major political party in England has
nation-wide Organisational network and enforces rigid discipline in its
ranks. Each party has a three-fold Organisation: (1) the local party
committee in each parliamentary constituency; (2) the parliamentary
party consisting of all members of the party who are actually in
parliament, with an elected leader; and (3) a national Organisation.
In the twentieth century there has been tremendous growth of party
discipline, both inside parliament and outside it. In Parliament the party
Whips have become very powerful. All the members of the party are
enjoined upon to attend Parliament at the crucial moment of voting and
the party Whip sees to it that every member gives blind support to the
party. If a member disobeys the party whip he may have to face
disciplinary action not stopping short of expulsion from the party. In
England the phenomenon of Aya Ram Gaya Ram is very uncommon.
Continuous party activity: Another important feature of the British
party system is that the party Organisations continue to function
throughout the year uninterruptedly. In America the party Organisations
become active only during elections. On the contrary, threat of
parliamentary dissolution at any time keeps British party Organisations
constantly mobilized. Party media continue to bombard the electorate
with party propaganda throughout the year. This accounts for the
remarkable political awareness of the British electorate.
Her Majesty’s opposition: The two-party system in Britain has given
rise to an officially recognized opposition in parliament. The party, which
commands a majority in the House of Commons, forms the government
and the other, which is in a minority, is recognized as Her Majesty’s
opposition. Thus the opposition party constitutes a branch of Her
Majesty’s Government. He is often described as “Shadow Prime
Minister” and forms shadow Cabinet that includes prominent members of

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his party. The members of the Shadow Cabinet keep an eye on the
activities of all the departments of the government and bring the light of
publicity on their acts of omission and commission. This institution of an
officially recognized opposition is a peculiar feature of the British party
system.
10.1.2 ORGANISATION AND FUNCTIONS OF PARTIES:
Organisation of Parties: The nature of party Organisation depends on
the functions, which the parties have to perform. These functions are to
contest the elections, to raise funds, to select candidates for election, to
canvass support for them and to distribute party literature. These are
extra parliamentary functions. Inside parliament the functions of a party
depend on whether it commands the majority or is in minority. In the
former case it runs the government. If in minority it acts as Her Majesty’s
opposition. To perform these functions, each party has a threefold
Organisation: (1) the local party unit in each parliamentary constituency
(2) the parliamentary party, and (3) the national Organisation.
The parliamentary party consists of all members of the party who are
actually in parliament, with an elected leader. Each party in each House
has a number of whips. The government whips in the House of
Commons are usually four in number, i.e. the chief whips who holds the
office of Parliamentary Secretary to the Treasury and three Junior Lords
of the Treasury. The whips of the opposition parties are private members
nominated by the party leader. The functions of the whips consist in
seeing to it that all the members of the party attend parliament at the
crucial moment of voting and give blind support to the party.
The Organisation of parties outside of parliament is more complex.
Originally, the conservative and liberal parties were merely aggregates
of local party Organisations in which the real party authority resided.
During the last third of nineteenth century national Organisations came
into existence. Their purpose was to federate and control local
associations. The liberals gave lead in the matter and the conservatives
followed them. Now each party has local party Organisations in each
parliamentary constituency. Each party has an annual party conference
and a central office. The party conference consists of delegates from
local Organisations; it elects party offices and committees and discusses
matters of party policy. But it does not formulate the party’s platform or
lay down rules of conduct for its parliamentary members. Each party has
a central office in London which functions continuously. It is supposed to
be the supreme authority of the party.

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Aims of the parties: The conservatives, as their name suggests,
believe that the existing basic structure of society resting on private
ownership and control of the means of production, is sound and must be
maintained. They do not believe in economic quality. They support tariffs
and protection of home industries. They are against state ownership of
means of production. They support the claims of the established church,
the crown and the House of Lords. Naturally, they enjoy the support of
the church and wealthier sections of society. However, the conservative
party is no more committed to the nineteenth century laissez faire
capitalism; it has considerably changed its attitude and accepted the
welfare state as the ideal of domestic policy.
The Liberal party supports the policy of social reform and amelioration.
It urges economy in national expenditure and abolition of tariffs. It urges
state regulation rather than state ownership or state management. Like
the Labour party it wishes the government to control banks, investments,
transports, electric power and to regulate local industry. Its agriculture
policy is to secure a more efficient use of land through the provision of
smallholdings allotments. The liberal way is a middle way between the
capitalism of the conservatives and the socialism of Labour.
The Labour party differs fundamentally from the conservatives and
liberals. It is avowedly socialistic and believes in the public ownership
and control of the means of production. For this purpose it advocates the
nationalization of the railways, banking, mines etc. To begin with it wants
that work, living wages, educating, leisure, and insurance against
unemployment, sickness and old age must be guaranteed to all; public
utilities and natural monopolies must be nationalized. But its ultimate aim
is the nationalization of land and all forms of industrial capital. The
labour party rejects the aims and methods of the communists. It does
not believe in revolutionary methods. It believes in evolutionary
socialism. Its fundamental principles are gradualism and democratic
methods. They also believe in using the democratic state to attain the
goal of socialism and in retaining it after the goal is achieved.
10.1.3 ROLE OF THE PARTIES IN THE GOVERNMENTAL SYSTEM:
Role of the Parties in the Governmental System: The functions of the
parties have already been described at the outset. A few words may be
said about their role in the governmental system. A government in
England always enjoys a majority position in parliament. It may be based
on the strength of a single party or on a coalition of parties. This position
assures it “the institutional opportunity” of implementing is programme.
This institutional advantage enjoyed by the British executive is the

93
consequence of the discipline and cohesion of the political parties. This
is in marked contrast to the position of the executive in the United
States. Secondly, the presence of a strong and vigilant opposition
ensures that no act of commission or omission of the government can go
undetected and uncriticised. Consequently, the government is always
alert; it cannot be negligent of its duties and irresponsible in its behavior.
It is the party system that has imparted stability, coherence, popularity
and dignity to political institutions of England.
10.2 PRESSURE GROUPS

Pressure groups differ from political parties in various ways.

Pressure groups are organisations set up to try to influence what we
think about the law and its environment. They can challenge and even
change the law by writing letters to MPs, contacting the press,
organising marches and even running campaigns (Anon., 2014). They
are organisations which campaign for change in the law or new
legislation in specific areas. As such, they can have a strong influence
on public opinion and voting behaviour. They are a group formed to
protect and advance a specific interest or cause through lobbying
powerfully rather than elections. They are distinct from political parties
because they do not seek power. Instead they aim to influence those
already in power.
10.2.1 MEANING OF PRESSURE GROUPS:
A distinction is usually drawn between sectional or interest
groups, cause and promotional groups. Sectional or interest groups are
the ones that aim to represent the common interests of a particular
section of society and are mostly concerned `restricted. They also aim to
get as many eligible members as possible to join the group. These are
open only to certain individuals, like the members of trade union or the
National union of journalist. The cause or promotional groups, they have
open membership from public. They promote a cause. They exist to
promote an idea not directly related to the personal interests of its
members.
It should be noted that pressure groups regularly seek to
influence each other to maximise impact and often find themselves in
direct conflict over certain issues. In several stages of the policy process
pressure groups have opportunities to play an important role, in the
parliament they may influence the final form of legislation. When
governments issue Green papers (setting out policy option for
discussion) and White papers (proposals for legislation) pressure groups
may lobby backbenchers or civil servants. Pressure groups are often

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divided into two categories according to their characteristic and methods
they interpret; the insider group and the outsider group. Insider groups
have close links with the government and they are trusted by the
government.
10.2.2 FUNCTIONS OF PRESSURE GROUPS:
Pressure groups use a number of different legal methods to put their
views across:
1. Posting leaflets through doors or canvassing door to door.
2. Taking part in demonstrations, marches or attending rallies.
3. Organising petitions.
4. Lobbying (speaking directly to) MSPs or councillors.
5. Writing letters to politicians or to newspapers.
6. Giving interviews which are reported in the media (radio, TV and
newspapers) or taking part in publicity stunts to gain media
attention.
Developments such as Freedom of Information laws, the internet, social
networking and a 24/7 media, mean pressure groups are aware of their
power and are becoming increasingly professional in the way they work.
10.2.3 TYPES OF PRESSURE GROUPS:
Insider groups: Insider groups are the groups that come in the premier
category. The government regards these groups as legitimate and
political parties also seek advice from such groups. The influence of the
insider groups is such that these groups can tweak a policy even when it
is in the drafting phase. It happens because governments consult the
drafted bills and laws with these groups in advance. Some of the insider
groups in the UK are National farmers union, the CBI and trade
associations.
Outsider groups: As the title suggests, outsider groups are the
opposite of an insider groups. These groups do not have a close
connection with the government or decision makers. This way they may
not get things done as per their wishes. In other words, outsider groups
are such that you may have seen protesting for a cause. This way along
with the government, they also seek the attention of the people.
However, it is tough for them to impact a policy as they not are involved
in the debates. CND, Motor Cycle Action Group and many other animal
welfare protest groups, etc. are the outsider groups.

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Cause or promotional groups: The third type of pressure groups is
cause groups. Its other name is promotional groups. People from these
groups to campaign for or against a specific issue. They also promote
some particular issues as well. So, these are the only functions they do
as PGs. The examples of cause groups are CND, ASH, shelter,
Greenpeace and Friends of the earth, etc.
Interest or sectional groups: You can also refer sectional groups as
interest groups. The other names of it are protective and defensive
groups. Their job is to raise voice for the interest of the specific sections
of the society. The most common interests are; economic, consumer
and professional interests. Some of the examples of interest groups are
CBI, trade unions and the consumers’ association.
10.3 ROLE OF PRESSURE GROUPS IN UK PARTY SYSTEM
Pressure groups provide an essential freedom for citizens, especially
minorities, to organise with like-minded individuals so that their views
can be heard by others and taken into account by government. They
help to disperse power from the central institutions and provide
important checks against possibly over-powerful legislatures and
executives. Pressure groups also provide functional representation
according to occupation and belief, they allow for continuity of
representation between elections, thus enhancing the degree of
participation in the democratic system. They provide a safety valve an
outlet for the pent-up energies of those who carry grievances or feel
hard done by, they apply scrutiny to government activity, publicising poor
practice and maladministration.
As globalisation is one of the external influences in British democracy, it
is generally defined with reference to set of economic and technological
changes which are held to have dramatically increased economic and
communication flows across what are seen as increasingly porous
national borders. Hence globalisation is generally associated with
nations of the world becoming increasingly interconnected, with good,
services, investment, financial transactions and skilled labour moving
freely between countries, and of globe effectively `shrinking` in
comparison to previous decades, due to rapid developments in
telecommunications and the continued growth and expansion of air
travel.

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LET US SUM UP
In U.K. there is predominance of bi-party system, the Conservative and
the Labour party. In conclusion pressure groups seek to influence policy
and not control it. Regardless of the type of pressure group, they
eventually aim to make governments aware of public views not shared in
political parties. They also often create new ideas and conceive a
programme of reform. Some groups have too much influence over
government. Overall pressure groups and their features do play a
coherent role to promote and enhance democracy as they raise the
public awareness and provide direct opportunities to participate.
CHECK YOUR PROGRESS
1. The two major parties are the _______________ and ___________
party came into existence in 1900.
2. The opposition party constitutes a branch of Her Majesty’s
Government which is often described as “__________________”.
3. Each party has a central office in London which functions
continuously. It is supposed to be the supreme authority of the
party.
4. _____________ believes in the public ownership and control of the
means of production.
GLOSSARY

Conservatives : Officially the Conservative and Unionist Party,

and also known colloquially as the Tories, Tory
Party, or simply the Conservatives, is a political
party in the United Kingdom. Ideologically, the
Conservatives sit on the centre-right of the
political spectrum.
Labour : The Labour Party is a centre-left political party in
the United Kingdom that has been described as
an alliance of social democrats, democratic
socialists and trade unionists.
Pressure Groups : This includes self-interest groups such as: trade
unions; business and farming associations;
churches; ethnic associations; pensioner groups;
and returned service personnel.

97
ANSWERS TO CHECK YOUR PROGRESS
1. Conservative and Labour.
2. Shadow Prime Minister.
3. London.
4. Labour party.
MODEL QUESTIONS

1. Describe the Organisation, aims of political parties in England and

their role in the governmental system of the country.
2. Discuss the role of Pressure Groups in the UK Party System.
3. Explain meaning, nature and types of Pressure Groups in England.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

98
UNIT - 11

BRITISH CIVIL SERVICES

STRUCTURE
Overview
Learning Objectives
11.1 History
11.2 Central Personnel Agency
11.3 Classification of British Civil Service
11.4 Recruitment
11.5 Training & Development
11.6 Promotion in British Civil Service
11.7 Pay & Service Conditions
11.8 Civil Servants and Ministers
11.9 Civil Servants Ethics
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The UK's partly unwritten constitution attributes power to Parliament, to
the Executive, and to the Courts. The relative power of each body
varies with the subject matter. The United Kingdom is a Parliamentary
democracy. All key decisions are made in the form of legislation by its
sovereign parliament and there is no higher authority. Legitimacy and
democracy are maintained because ministers are answerable to
Parliament, and the House of Commons is elected by the people.
Subject to complying with the laws made by Parliament, day to day
decisions are taken by Ministers and implemented by a neutral civil
service. Civil servants are accountable to Ministers who are accountable
to Parliament, whose Members are accountable to their constituents. In
this unit, we will discuss in detail about the civil services system in
British.

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LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the history of British Civil Service.
 Examine the Central Personnel Agency.
 Explain the role of British Civil Servants.
 Describe the Classification of British Civil Service.
11.1 HISTORY
British national administration is carried out through executive
departments. The department is headed by the minister. Below him
there are members of the permanent civil service. The British
administrative service is the best in the world. The growth of delegated
legislation and administrative adjudication has considerably enhanced
the power of the civil service. Till the middle of the nineteenth century,
Britain had the patronage system of civil service. The civil service posts
were given as a political reward or a personal favour. An ordinary citizen
who had the required merit but no patronage could not enter the civil
service. This type of civil service led to corruption and inefficiency in
administration. However, the increased concern about corruption,
economy, efficiency and popular rights to public office gave rise to the
modern civil service by the middle of the 19th century.
The Northcote-Trevelyan Report (1854): The British Treasury
appointed the Northcote- Trevelyan Committee in April 1853. Its report
on the ‘Organisation of the permanent civil service in Britain’ was
published in 1854. Its main recommendations are:
(i) The patronage system of recruitment should be abolished.
(ii) Recruitment should be by open competitive examination.
(iii) A civil service commission should be established. It should be an
autonomous semi-judicial body and made responsible for proper
administration of recruitment process.
(iv) Promotion within the service should be by merit and not seniority.
(v) The intellectual side of administration should be separated from the
mechanical side. In other words, the civil service posts should be
divided into two classes, namely, the superior class and the inferior
class. The superior class should perform intellectual work while the
inferior class should do mechanical work. These two classes
should have separate forms of recruitment.

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(vi) Recruitment age for inferior posts should be 17 to 21 and for
superior posts 19 to 25. Thus, it confined entry into civil service to
young men only and rejected the idea of recruiting mature men.
(vii) Superior civil servants should be selected on the basis of general
intellectual attainment rather than specialised knowledge. In other
words, the open competitive examination should be in liberal arts
rather than technical or professional subjects and should be of the
university level.
(viii) Unification of the civil service with unified recruitment and inter-
departmental promotions. The committee felt that this unification
would remedy the ‘fragmentary character’ of the civil service.
The Civil Service Commission was established in 1855 by an order-in-
council as an independent body to test candidates for recruitment. In the
beginning, it tested, by examination, only those candidates who were
nominated by the heads of departments. But after 1870, open
competition organised by it became the only method of entry into the
civil service. As such merit system became a reality in Britain in 1870.
The Fulton Report (1968): In 1966, the British Government appointed
the Fulton Committee on the Civil Service to examine the structure,
recruitment, training and management of the Home Civil Service and to
make recommendations for improvement. The Committee submitted its
report in 1968 and observed “the Home Civil Service today is still
fundamentally the product of the nineteenth century philosophy of the
Northcote-Trevelyan Report. The task it faces is those of the second half
of the twentieth century. This is what we have found; it is what we seek
to remedy.” It made totally 158 recommendations and the significant
ones related to the civil service are mentioned below.
(i) A new civil service department should be created to manage the
civil service. It should be headed by the Prime Minister and should
absorb the Civil Service Commission. The Permanent Secretary of
the civil service department should be designated as Head of the
Home Civil Service.
(ii) All classes should be abolished and replaced by a single unified
grading structure covering all civil servants from top to bottom. The
correct grading of each post should be determined by job
evaluation.
(iii) A civil service college should be setup to provide post-entry
training for recruits. It should offer training courses in
administration, management, economics and other allied subjects.

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 The training courses should include management training for
specialists also. Further, the college should provide a wide range
of shorter courses and have important research functions.
(iv) There should be greater mobility between the civil service and
other employments, that is, the universities and the private sector.
The opportunities for late entry and short-term appointments
should be expanded.
(v) When recruiting university graduates, the relevance of their
courses to the job they are being recruited to do should be taken
into account. In other words, preference should be given to
relevant degrees when recruiting.
(vi) The civil service should encourage greater professionalism both
among specialists and administrators (i.e. generalists). The
specialists should be given more training in management and
should have opportunities for greater responsibility and wider
careers. The generalists should be encouraged to become
specialists in particular areas of financial administration or social
administration.
(vii) More attention should be given to career management.
(viii) A planning unit should be set up in each department. The director
of the unit should have direct access to the minister under whom
the department is placed.
(ix) The post of a Senior Policy Advisor should be created in major
departments. This should be in addition to the post of Permanent
Secretary.
(x) The official secrecy rules should be relaxed. The process of
administration should be made more open to public knowledge and
consultation.
11.2 CENTRAL PERSONNEL AGENCY
The British Treasury was the Central Personnel Agency and
managed the civil service till October 31, 1968. But on November 1,
1968 the Civil Service Department was established on the
recommendation of the Fulton Committee Report. This department
replaced Treasury as the Central Personnel Agency and also absorbed
the Civil Service Commission as an independent unit within it. However,
this department was disbanded in 1981 to effect economy, and its
functions were distributed between the Treasury and the Management
and Personnel Office. In 1987, the Management and Personnel Office

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was abolished and replaced by the office of the Minister for the Civil
Service. To sum up, the British Civil Service as of now is managed by
the Treasury and the office of the Minister for the Civil service, which
works under the control of the Prime Minister of Britain.
11.3 CLASSIFICATION OF BRITISH CIVIL SERVICE
In the Pre-Fulton era, the British Civil Service was divided into
the following four major classes; each with its own internal grading
structure as Administrative Class, Executive Class, Clerical Class and
Specialist Class.
The Fulton Committee Report of 1968 recommended that the
classes should be abolished and replaced by a single unified grading
structure. To quote the Report, “AIl civil servants should be organised in
a single grading structure in which there are appropriate number of
different pay levels matching different levels of skills and responsibility,
and the correct grading for each post is determined by an analysis of the
job.” In order to implement this recommendation, former classes were
merged to form new entities known as ‘group’ and ‘categories’.
In 1971, and administrative group was formed by merging the
lower rung of the administrative class with the executive class and the
clerical class. The different grades within this group were Senior
Executive Officer, Higher Executive Officer, Administration Training,
Executive Officer, Administrative Officer and Administrative Assistant
However, vertical barriers within the services still exist. Only in
‘Open Structure’, created in 1972, there was a unified grading structure.
In 1986, it (open structure) consisted of the following top seven grades.
 Grade 1 Permanent Secretary
 Grade 2 Deputy Secretary
 Grade 3 Under Secretary
 Grade 4 Executive Director
 Grade 5 Assistant Secretary
 Grade 6 Senior Principal
 Grade 7 Principal
11.4 RECRUITMENT

In the U.K. recruitment to the civil service is based on competitive

examinations conducted by the Civil Service Commission. The
Commission forwards the list of the successful candidates to the heads
of departments for appointment.

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 Till 1945, Method-1 was the only avenue of entry into the higher
civil service, that is, the Administrative Class. The examination under
Method I consisted of a qualifying written examination followed by an
interview. The written examination comprised of essay, language,
current affairs and optional subjects.
In 1945, an alternative approach called Method II was
introduced. This method emphasised on a series of individual and group
interviews, in addition to a qualifying written examination. The
candidates were taken by the Civil Service Selection Board to a country
house for an extended interview for two days. Hence, this method was
also called the Country House Method. Therefore, selection under
Method-II was by the method of ‘extended interview’ or ‘reconstruction
competition.’ In 1969, Method-I was totally discontinued. Hence from
1970, Method-II is the sole mode of testing the merit and suitability of the
candidates for entry into civil services. In 1971, a system of selection of
Administrative Trainees on the lines of Method-II, for careers in the new
administrative group was introduced on the recommendations of the
Fulton Committee. The selected candidates (administrative trainees) had
a two-year probationary period followed by a sixteen-week training
course at the Civil Service College.
11.5 TRAINING AND DEVELOPMENT

The institution of formal training for higher civil service in the UK

can be traced to the Assheton Committee Report on the Training of Civil
Servants, published in 1944. The Committee, which was appointed in
1943 under the chairmanship of Sir Ralph Assheton. Recommended
centralised arrangements for training entrants to the higher civil service,
that is the Administrative Class. On its recommendation, a training and
education division was set up in the British Treasury to coordinate and
administer training Courses for higher civil servants. The major training
centres in the UK are:
(i) Administrative Staff College set up in 1948 at Henley-on- Thames
to provide external training in management.
(ii) Centre for Administrative Studies, set up in 1963 at London.
(iii) Royal College of Defence Studies at London provides training for
diplomatic service.
(iv) Civil Service College.
The Civil Service College is the main training centre in the UK. It was set
up in 1969 on the recommendation of the Fulton Committee Report. It

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comprises a head quarter and two regional centres. The head quarter is
at Sunning dale Park while the regional centres are in London and
Edinburgh. It performs the following four main functions.
(i) It provides post-entry training for recruits (administrative or
generalist) in financial, economic or social areas of administration.
(ii) It offers specialised courses for specialists in administration and
management.
(iii) It conducts research on problems related to administration.
(iv) It gives general guidance and advice to departments which carry
out training for the executive and clerical staff.
11.6 PROMOTIONS IN BRITISH CIVIL SERVICE
In the UK, promotions in civil service are a departmental affair. In
every department, the departmental promotion boards are constituted by
the head. They advise the minister and Permanent Secretary on matters
of promotion. In the annual reports, the employees are evaluated as
outstanding, very good, satisfactory, indifferent and poor. Then, the
candidates are classified into the following four categories.
(a) Extraordinarily fit for promotion
(b) Highly fit for promotion
(c) Fit for promotion
(d) Not yet fit for promotion
The important elements of the system of promotion in the UK are:
(i) The candidates are informed well in time of the vacant positions,
which are to be filled by promotion.
(ii) The suitability of the candidates for promotion is determined by a
board rather than a single individual.
(iii) The aggrieved party has the right to appeal against the decisions
concerning promotion. However, no appeal can be made to any
authority above the head of the department.
(iv) In practice, the consent of the Prime Minister is necessary to make
promotions to the positions of Permanent Secretary, Deputy
Secretary, Finance Officer and Establishment Officer.
11.7 PAY AND SERVICE CONDITIONS

i. Since 1971, pay for civil servants in the UK is fixed on the basis of
the ‘Priestly Formula’. This formula recommended higher pay

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 scales based on Income policies of government and comparison
with private sector pay scales. Pay is fixed and controlled by the
British Treasury and Personnel Department.
ii. Apart from the pay (salary), civil servants in the UK are also given
various kinds of allowances, which are fixed on the basis of the
prevailing price index.
iii. The civil servants the UK are given the right to association. They
also enjoy the right to associate with the trade unions to uphold
their political ideologies. However, only the union of post office
workers is associated with the Labour Party.
iv. The civil servants in the UK are not specifically denied the right to
strike under the law. But striking by civil servants is a disciplinary
offence.
v. In the UK, there is a total ban on political rights and activities of the
higher civil servants. This prohibition becomes progressively less
strict for the middle and lower grades of the civil services. The
lower grade personnel can participate almost in all of political
activities. The political activities of the civil servants are monitored
by the Treasury. The Masterman Committee on the political
activities of civil servants in the UK in the report of 1949 stated
that:
a. In a democratic society it is desirable for all citizens to have a
say in the affairs of the state, and for as many as possible to play
an active part in public life.
b. The public interest demands the maintenance of political
impartiality, which would be the first step in the creation of a
“political” civil service. Such a system would be contrary to the
public interest and, in the long run, the civil service itself.’
vi. The retirement age for civil servants in the UK is 60 to 65 years.
They enjoy the usual retirement benefits.
11.8 CIVIL SERVANTS AND MINISTERS
The 1918 Haldane Report recommended the development of deep
partnerships between Ministers and officials so as to meet the more
complicated requirements of busier government as substantial executive
ministries emerged from the First World War. The relationship between
civil servants and Ministers became one of mutual interdependence, with
Ministers providing authority and officials providing expertise. As a
result, the UK Civil Service has no 'constitutional personality' or any

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responsibility separate from the Government of the day. It is there to
provide the Government with advice on the formulation of the policies, to
assist in carrying out the Government's decisions, and to manage and
deliver Government services.
It also follows those civil servants cannot express their own opinion of
government policy, even in court or in front of a Parliamentary
committee, and must loyally carry out Ministers' decisions with precisely
the same level of energy and good will, whether or not they agree with
them.
11.9 CIVIL SERVANTS ETHICS
Officials work within strict ethical constraints, and must demonstrate the
highest pecuniary and moral integrity. They must not be motivated by
the desire to make money. The Civil Service Code supplements the
Constitutional Reform and Governance Act 2010 (The CRaG Act)and
provides a clear, helpful and commendably brief summary of the values
that are common to all civil servants of all grades, and the standards of
behaviour that are expected of them. The code defines the civil servants'
four core values in the following way:
 ‘integrity’ is putting the obligations of public service above your own
personal interests;
 ‘honesty’ is being truthful and open;
 ‘objectivity’ is basing your advice and decisions on rigorous
analysis of the evidence; and
 ‘Impartiality’ is acting solely according to the merits of the case and
serving equally well Governments of different political persuasions.
It follows from the above that Civil Servants must refuse to take part in
any activity that involves telling lies to anyone, or involves
misrepresentation to Parliament. Officials may not for instance transmit
to Parliament an answer to a Parliamentary Question which they know to
be inaccurate or misleading. But they are not under any obligation to
correct a Minister’s misrepresentation, whether deliberate or otherwise.
LET US SUM UP
The political culture and political structure of Great Britain are congruent
hence there is political stability. This pattern of political development led
Great Britain to remain nominal monarchy linked with a unitary and
parliamentary system. British Civil Service is orderly, symmetrical,
articulate and cohesive. There is a large element of continuity in British
Government is due to permanent and impartial civil service.

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CHECK YOUR PROGRESS
1. The Northcote- Trevelyan Committee report on the ‘Organisation of
the permanent civil service in Britain’ was published in _______.
2. In 1966, the British Government appointed the _________
Committee on the Civil Service to examine the structure,
recruitment, training and management of the Home Civil Service.
3. In 1987, the ________________________ Office was abolished
and replaced by the office of the Minister for the Civil Service.
4. _______________ set up in 1948 at Henley-on- Thames to provide
external training in management.
5. The Civil Service Code supplements the
_______________________ Act 2010.
GLOSSARY
Semi-Judicial : Having a partly judicial character by possession
of the right to hold hearings
Intellectual : A person possessing highly developed intellect.
Personnel : A people employed in an organization.
ANSWERS TO CHECK YOUR PROGRESS

1. 1854.
2. Fulton.
3. Management and Personnel.
4. Administrative Staff College.
5. Constitutional Reform and Governance.
MODEL QUESTIONS

1. Critically examine the Civil Service System of United Kingdom.

2. Examine the role of Central Personnel Agency in British Civil
Service.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

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 Block III
U.S.A Administrative System

Unit - 12 Salient Features of American Administrative system

Unit - 13 President – Congress – House of Representatives and
Senate
Unit - 14 Federal Judiciary – Supreme Court
Unit - 15 Judicial Review
Unit - 16 Separation of Powers
Unit - 17 Checks and Balances

Unit - 18 Party System in U.S.A.

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UNIT - 12

SALIENT FEATURES OF AMERICAN ADMINISTRATIVE SYSTEM

STRUCTURE
Overview
Learning Objectives
12.1 Introduction
12.2 Features of the American constitution
12.3 Features of the Administrative system of USA
12.3.1 Important Role of the President
12.3.2 Spoils System
12.3.3 Involvement of Administration in Politics
12.3.4 Separation of Power
12.3.5 Forms of Administrative Organisation
12.3.6 System of Judicial Review
12.3.7 Division of Powers
12.3.8 Ever Increasing Size and Influence of
Bureaucracy
12.3.9 Influence of Political Parties
12.3.10 Right of Collective Bargaining
12.3.11 Role of Pressure Groups
12.3.12 Supremacy of Political Bosses
12.3.13 The Impact of Technology
12.3.14 Relationship of Top Bureaucracy and Power
12.3.15 Limitations Due to Bill of Rights
12.4 Independent Regulatory Commission in USA
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings

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OVERVIEW
The constitution of the United States of America was molded by the
exigencies of time. It is the oldest written constitution in the world. It is a
very brief constitution. That it has survived so long is a tribute to the
sagacity, moderation and a sense of the possible shown by its makers.
USA has a Presidential form of government. The President enjoys vast
powers. The administration is run through departments and independent
commissions. The founding fathers of USA adhered to idea of
separation of powers. The constitution of USA is a classic example for
federalism. The aim of this unit is to discuss the features of the
constitution and the features of the administrative system of the USA.
LEARNING OBJECTIVES

After studying this unit, you should be able to

 Know the important features of the constitution.
 Understand the salient features of the administrative system.
 Discuss the working of the Independent Regulatory Commissions
in USA.
12.1 INTRODUCTION

American constitution is the oldest written constitution in the

world. The declaration of independence of 4th July 1776 was the first
formal state paper it is. Here that the term United States was for the first
time officially used. The constitution was drafted by the Philadelphia
convention on September 17, 1787. It was adopted by the congress of
the confederation in 1788, and was finally put in to effect in 4th march,
1789.
12.2 FEATURES OF THE AMERICAN CONSTITUTION
Written Constitution: The Constitution of the United States of America
is the oldest written constitution in the world. Originally there were 13
colonies in America. In 1776 the famous Declaration of Independence
was issued. Consequently each colony became a completely sovereign
state. The need for concerted action during the Revolutionary war and
the general need for government led to the adoption of the Articles of
Confederation, which provided a semblance of national government.
After the war a strong need was felt for a new frame of national
government. Consequently a constitutional convention was held at
Philadelphia in 1787. The convention drafted a new constitution, which
was approved and ratified. In 1789 the new government under the new
constitution began to function. The American constitution was the first in

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the modern times to be framed by a duly set up assembly. It is a very
brief constitution. That “it has survived so long is a tribute to the
sagacity, moderation and a sense of the possible shown by its makers.”
Rigid Constitution: The American constitution is rigid. It cannot be
amended by the ordinary law-making process. There are two ways of
proposing amendments: either a two-thirds vote of both the House of
Representatives and Senate, or by a convention called by Congress on
the application of the legislatures of two-thirds of the states. There are
two ways of ratifying amendments: either approved by the legislatures of
three-fourths of the states, or approved by conventions in three-fourths
of the states. Congress determines which of the two methods of
ratification shall be used.
Supremacy of the Constitution: In America the constitution is
supreme. Article VI of the constitution lays down: “This constitution, and
the laws of the United States made in pursuance thereof shall be the
supreme law of the land, and Judges in every State shall be bound
thereby, anything in the Constitution or laws of any State to the contrary
notwithstanding.” This is unlike England where Parliament, not the
constitution is sovereign.
Federal Constitution: The American constitution is federal originally
there were thirteen states that combined to form a federal system of
government. Now there are fifty states. First, there is the National
Government with its separate legislative, executive and judicial agencies
exercising powers conferred upon it by the constitution. Then there are
the states, each with its separate legislature, executive and judiciary.
The original constitutional document did not contain a clear statement
concerning the distribution of powers between the states and the federal
government. However, it enumerated the powers of the National
Government. It was the Tenth Amendment that laid down clearly the
principal of distribution of powers. It provided that “the powers not
delegated to the United States by the Constitution, nor prohibited by it to
the States, as reserved to the States respectively, or to the people.”
Thus even authority not specifically vested in congress remains in the
States or in the people.
Republican Constitution: The American form of government is
republican. Unlike England, there is no hereditary monarch. The Head of
the federal government is the elected President and the states have
elected Governors. The republican form of government has been
guaranteed in the constitution.

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Separation of Powers: In the eighteenth century when the American
Constitution was framed Montesquieu’s doctrine of separation of powers
was very popular in America and it exercised a great influence on the
fathers of the constitution. James Madison wrote in the Federalist, “No
political truth is certainly of greater intrinsic value or is stamped with the
authority of more enlightened patron of liberty, than that. The
accumulation of all powers as legislative executive and judicial in the
same hands may justly be pronounced the very definition of tyranny.”
Accordingly, the American constitution is based on the theory of
separation of powers. The three functions of government, law making,
administration of laws and justice are entrusted to three distinct
branches of government. Congress makes laws, the President performs
the executive functions of government and the federal judiciary interprets
laws and imparts justice. The three branches are independent of one
another.
Presidential form of Government: Separation of powers has given rise
to a peculiar form of government known as the presidential type. The
president is both the head of the state as well as the head of the
executive. He is elected directly by the people for a fixed of four years.
He is not responsible to the legislative (Congress). He cannot be
removed from office by Congress except by the process of
impeachment. He and the members of his Cabinet are not members of
Congress. They neither sit in it nor take part in its proceedings. The
President is solely responsible for the executive functions of the
government. Similarly, Congress is independent in its own field. The
President cannot dissolve any of the Houses of Congress. Then there is
an independent federal judiciary. The whole governmental system is
basically different from the parliamentary type.
Judicial Review: It has been pointed out above that in America the
constitution is supreme and the judiciary is its guardian. The federal
judiciary interprets the constitution and decides on the validity of the acts
of Congress and state legislatures. If a law passed by a state legislature
or the federal legislature is against the terms of the constitution, it is null
and void, and the federal judiciary, as the guardian of the constitution
has power to declare such laws unconstitutional.
Bill of Rights: The constitution as adopted by the Philadelphia
convention and subsequently ratified by the states did not contain a bill
of rights. The matter had been discussed at the convention but the
delegates, agreed that no bill of rights was required. But the people
thought otherwise. Accordingly the omission was rectified at the first

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session of congress; ten proposals containing a bill of rights were
adopted and ratified by the states. The bill of rights constitutes a
limitation on the actions of the federal government. It guarantees among
other things freedom of speech, press, assembly and petition, the right
to bear arms, indictment by jury etc. It also includes the provision that
“Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.”
12.3 FEATURES OF THE ADMINISTRATIVE SYSTEM OF U.S.A
The U.S.A has presidential form of government. The president is elected
by the people for a period of four years. He enjoys vast powers. He runs
his administration with the help of secretaries who are his subordinates.
There is system of judicial review as well as of checks and balances.
The judiciary is independent. Political parties have great influence on
administration and the civil services are well developed and organized.
The administration is run through departments and independent
commissions, which are strengthened from time to time and their work
periodically reviewed. Some salient features of the administrative system
of the U.S.A are discussed below:
12.3.1 IMPORTANT ROLE OF THE PRESIDENT:
In the U.S.A. the President is very powerful. He cannot be removed by
the Congress, which is the legislative organ of the country. Laws are
passed by the Congress. The President can veto a law and nullify the
work of the Congress. Constitution has vested vast administrative
powers in him and he actually exercises them. There is no gap between
theory and practice and the President is not only a de-jure but a de-facto
head of administration. To carry out his administrative work smoothly,
the President appoints his secretaries who head the departments and
are assisted by other officers at different levels and their supporting staff.
Each Secretary is individually responsible to the President for the
smooth working of his department. There’s no system of joint or
collective responsibility of the Cabinet. The Secretary is not a colleague
of the President but his servant. Only the President is responsible for the
success or failure of his administration.
12.3.2 SPOILS SYSTEM:
Under this system it is believed that the political party, which has won
elections, should control administration. It was argued that the winning
party should be rewarded for its labour in winning elections, and that the
administration can run smoothly and policies can be implemented in true
sense and spirit if the administration is controlled by the party in power.

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Accordingly after each election, the President changed his staff en bloc
and new staff of his choice controlled the administration. Whatever might
have been the benefits of the spoils system, it created wide gas and
dislocation in the smooth working of the administration. The state was
deprived of several very capable and competent administrators.
Administration became inefficient and corrupt. In fact the spoils system
violated every good norm of administration. Now this system has been
given up but its traces can still be seen in the appointment of foreign
diplomats, personal staff of the President and his top advisors etc. Now
merits of the person and his administrative capabilities are taken into
consideration even in these areas.
This system was replaced by merit system in 1833 when Pendelton Act
was passed. It provided that meritorious persons would be appointed
and their status or political contacts will have no meaning. In 1940
Ramspeck Act was passed which was a step further in this direction. A
public service commission was set up and 85% appointments are made
through it.
12.3.3 INVOLVEMENT OF ADMINISTRATION IN POLITICS:

There is not much mention about administrative setup in the constitution

of the U.S.A. This gap is filled by the Congress of the country, which
enacts laws for running the administration. The President also issues
orders from time to time for running the administrative departments.
These laws and orders are passed taking into consideration only
immediate needs. There is considerable lack of uniformity in these. They
don’t have a long-term objectivity. The administrative departments are
created by the Congress and lack uniformity. The members of the
Congress are involved in party politics and the administrators criticize
the action of the Congress and highlight the flaws of the administrative
orders, which they are required to obey and implement.
12.3.4 SEPARATION OF POWER:

Public administrative system is run by three organs of the state viz. the
executive headed by the President, the legislature i.e. the Congress
consisting of the House of Representatives and the Senate and the
judiciary, which is an independent organ and has the power of judicial
review. The administrative set up is run on the basis of separation of
powers, i.e. one organ of the government is a check on the other. The
President can veto a bill passed by the Congress, but on many matters
he cannot proceed further unless the Congress approves his policies.
The judiciary overlooks the working of the executive and legislature and

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has been given the power of judicial review. The judges are appointed
by the President, in which the Congress is also involved.
12.3.5 FORMS OF ADMINISTRATIVE ORGANISATION:

The American administration is run by departments and independent

commissions, bureaux, boards and corporations etc. There are only 13
departments: States, Justice, Post Office, Agriculture, War, Navy,
Treasury, Interior, Labour, Trade, Federal Defence, Federal Work and
Federal Energy. Each department is headed by a person.
Boards and Commissions: When the work of administration increased
because of scientific inventions and discoveries as well as national and
international trade, boards and commissions were setup. Strength of
each commission varies from 3 to 11. Each member is a highly paid
person and his terms of office vary from 5 to 7 years.
The commission / board has quasi-judicial and quasi-legislative
functions to perform. The rules and laws given by these bodies have the
same force as any other law. These boards have considerable influence
in the actual working of administration and are called the fourth organ of
the state. The bureaucracy is supreme in these boards / commissions.
Some important boards and commissions are:
1. The Federal Trade Commission
2. The Federal Power Commission
3. The Federal Labour Relations Board
4. The United States Maritime Commission
5. Civil Aeronautics Board.
Government Corporations: In the U.S.A. several governmental
corporations function actively. Such a corporation can be independent or
a part of any government department. Each corporation is headed by a
General Manager or a Board. Some of these corporations have been set
up by the administrative control. They can contract loans and earn
profits. Tennessee Valley Authority is one such corporation.
Bureau: The Organisations mentioned above have sub-departments
called bureau. Each bureau is headed by a Director / Controller. Each
bureau is subdivided into sections. The head of a section may or may
not be a government employee but he should be a professional. For a
smooth working several officers are appointed in a bureau. They are of
different categories and at different levels. A Bureau head changes
when the President who appointed him bows out of power.

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12.3.6 SYSTEM OF JUDICIAL REVIEW:
In the U.S.A the judiciary has been given the power of reviewing every
law passed by the legislative or any executive order issued by the
president. It can declare any law ultra vires or unconstitutional, if in its
opinion it is against any provision of the constitution. It is then illegal for
the executive to enforce such a law. Thus the administration has to
ensure than no law passed by it goes against any provision of the
constitution.
12.3.7 DIVISION OF POWERS:

In U.S.A. the administrative powers have been divided between the

center and the states, which are the federating units of the U.S.
Federation. Division of subjects, which are to the administered by the
center as well as by the states have been specified in the constitution
itself. If a subject does not figure in either of the two lists it shall be
administered by the states. The center has however, become
administratively more powerful because of the doctrine of implied
powers.
12.3.8 EVER INCREASING SIZE AND INFLUENCE OF
BUREAUCRACY:
Because of the following reasons the size and influence of bureaucracy
in administration is rapidly increasing:
a. State is taking more and more welfare activities.
b. Growing industrialization and development of scientific and
technical subjects
c. Socio-economic and political problems have become very complex
and need more attention.
d. Judiciary under the doctrine of implied powers has given wide-
ranging powers to the center.
e. U.S.A. has become the only super power of the world.
f. National and international activities in the country have
considerably increased.
Norman J. Powell feels that the bureaucracy in America is large,
powerful and costly. Its expansion breeds corruption and symbolizes
determination of democracy J.O. Boyd is of the opinion that it leads to
bankruptcy of free government and leads towards fascism.

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12.3.9 INFLUENCE OF POLITICAL PARTIES:
There are two political parties in the U.S.A: The Republican and the
Democrat and both try to increase their influence on administration. For
a long time the country followed the spoils system, which in itself
indicates the role of political parties in bureaucracy. Top bureaucrats
even now are selected keeping an eye on their political background. All
appointments made by the President under his special powers are made
with political considerations.
12.3.10 RIGHT OF COLLECTIVE BARGAINING:

The public servants in the U.S.A. have been given the right of collective
bargaining. They can form their trade unions. In 1912 congress passed
an Act by which employees right to put forward collective
representations was recognized. Trade union system has now become
an integral part of administrative system of the country.
12.3.11 ROLE OF PRESSURE GROUPS:

In U.S.A. pressure groups are well organized and very active. They
protect the interests of their members and for this approach decision
makers both at political and administrative level involved the pressure
groups so that no administrative decision adversely affects the interests
of their members. Some of the important pressure groups are National
Civil League, American Society for Public Administration and Society for
Personnel Administration etc.
12.3.12 SUPREMACY OF POLITICAL BOSSES:
In the U.S.A. the President appoints his secretaries who politically agree
with his viewpoint and have political career. The President in
consultation with his secretaries decides policies and programmes.
Administration is required to implement these. Thus in administration
political bosses have undisputed supremacy.
12.3.13 THE IMPACT OF TECHNOLOGY:
Ever increasing role of technology in society has its impact on U.S.
administration as well because today the country is technologically most
advanced in the world. The technologists have started considering
themselves as a separate class and developed feelings of arrogance.
They demand special privileges and lay more stress on their rights than
on their duties. Another advantage of technological advance is the entry
of fresh blood in services. This develops a new outlook in the
bureaucracy and inspires the technologists to rise to the level of public
servants.

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12.3.14 RELATIONSHIP OF TOP BUREAUCRACY AND
POWER:
These is a close relationship between bureaucracy and power elite in
the U.S.A. Top bureaucracy represents economically powerful section of
the society and runs the economic system. Top bureaucrats are
recruited from industrial and banking systems. The three power groups
in American administration are: The industrialists, military officers and
top level politicians and administrators. The military officers exercise
their influence on the administration from outside. The American
capitalism is leasing towards military authoritarianism. Top political
decisions are taken by invisible authorities that have a hold on
industrialists, military functionaries and administrators. The Senate only
endorses these decisions.
12.3.15 LIMITATIONS DUE TO BILL OF RIGHTS:
The people in the U.S.A. enjoy certain rights contained in the Bill of
Rights. These are basic rights and cannot be curtailed even during
emergency. The administration has to ensure that while framing and
implementing any policy or taking legislative measure no right is
violated. Thus these rights put a check in the powers of administration.
12.4 INDEPENDENT REGULATORY COMMISSION IN THE U.S.A.
Independent Regulatory Commissions are salient features of the
U.S. Administrative system. They are known as the fourth branch of
administration. The system was introduced in some very peculiar
circumstances and is still continuing. The main aim of their setting up
was to control the activities of powerful economic groups in the country
and to protect public interests. With the industrial growth in the U.S.A.,
economically powerful sections of society began to exploit the poor and
the weak by raising prices of all commodities. Need was felt to check
this situation in order to maintain equality in public interests. Thus
commissions were set up to check unhealthy economic activities and to
have fair competition.
The first such commission known as Inter-State Commerce
Commission was set up in 1887. It was not made part of any regular
executive department but was created as a separate independent
agency. Its leadership was kept in the hands of a Board. That is why
these commissions were called ‘independent’. They were called
‘regulatory’ because they were created to regulate certain activities of
the state. They perform administrative, quasi-legislative and quasi-
judicial functions. A commission can promulgate a law and like a

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legislature regulate existing regulations. It performs judicial functions
because a Commission is empowered to hear petitions. It is required to
enforce the laws so its activities fall under the category of executive.
These are headless so they are called ‘Islands of Autonomy’.
Some Regulatory Independent Commissions:
1. Inter State Commerce Commission: It was setup in 1887 to
regulate the working of common carrier of means of transport engaged
in inter-state commerce and foreign trade of the U.S.A. Today this
Commission is responsible for developing, coordinating and preserving
transport system by rail, water, road and other means.
2. Federal Trade Commission: It was set-up in 1916 to check unfair
practices in inter-state commerce. Its scope was enlarged in 1938 and it
was empowered to control false advertisements of food and drugs etc.
Today the Commission is required to maintain healthy conditions for free
competitive enterprises.
3. Federal Power Commission: It was set-up in 1920 t0 issue licences
relating to waterpower development on navigable streams and
hydroelectric projects. It is now empowered to sell at wholesale rates
electric energy and natural gas in inter-state commerce.
4. Securities and Exchange Commission: it was set-up in1930 to
enforce rules of publicity with regard to securities offered for sale and to
check malpractices in financial markets. It aimed at protecting the
interests of the investors.
5. Federal Communication Commission: It was set up in 1930 to
check ongoing unfair competition between telegraph and telephone
companies.
6. National Labour Relations Board: It forbade certain unfair labour
practices as well as the victimization of employees on account of their
participation in the activities of labour Organisations. It could enquire
about cases relating to unfair practices and investigate the charges.
7. The United States Maritime Commission: It was created in 1936
with the aim of fostering, developing and encouraging the maintenance
of merchant marines of the U.S.A. for the purpose of national defence
and commerce. It is empowered to fix shipping rates and also to make
rules for operating the U.S. merchant fleet.
LET US SUM UP

The American constitution is a written and rigid constitution. It is a best

example of federation.USA government is working on the principles of

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separation of powers. It leads to deadlocks, which prevent unity,
encourage friction and divided responsibility and frustrated leadership.
The American President plays an important role as he enjoys vast
powers. Independent Regulatory Commissions have become an
inseparable part of the American Administrative System
CHECK YOUR PROGRESS

1. The constitution was drafted by the __________ convention on

September 17, 1787.
2. The American constitution is federal originally there were ____
states that combined to form a federal system of government.
3. The first Independent regulatory commission known as Inter-State
Commerce Commission was set up in______.
GLOSSARY
Deadlock : Complete failure to settle grievance.
Ultra Vires : Beyond authority.
Judicial Review : The power of courts to decide the validity of acts
in legislature and executive branches of the
government.
ANSWERS TO CHECK YOUR PROGRESS
1. Philadelphia.
2. Thirteen.
3. 1887.
MODEL QUESTIONS
1. Explain the salient features of the American Constitution.
2. Describe the important features of the Administrative System of
USA.
3. Analyze the characteristics and functions of independent regulatory
commissions. Mention some of the important ones.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

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UNIT - 13

PRESIDENT – CONGRESS – HOUSE OF REPRESENTATIVES

AND SENATE
STRUCTURE
Overview
Learning Objectives
13.1 Introduction
13.1.1 Qualifications for Presidentship
13.1.2 Nomination and Election
13.2 Powers of the U.S. President
13.3 President’s Cabinet
13.4 Executives Office of the President
13.5 Congress
13.6 Senate
13.6.1 Composition
13.6.2 Powers and Functions
13.7 House of Representatives
13.7.1 Composition
13.7.2 Powers and Functions
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

USA has Presidential form of government in which real powers of

administration of the nation are vested in the President of the country.
He is both the chief of state and chief of government. He has a
guaranteed tenure of four years. He is the chief of the executive branch
and is directly elected by the people. USA has been the traditional home
of the patronage system of civil service. The legislature in USA is the

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Congress. It consists of two houses, the Senate and the House of
Representatives. Primary legislative power is vested in the Congress. In
the United States there are two major political parties the Republican
Party and the Democratic Party. The American President as the head of
state occupies a ceremonial position and as the head of government he
leads the executive organ of government.
LEARNING OBJECTIVES
After studying this unit, you will be able to
 Know the importance of the President in USA.
 Understand the powers of Senate.
 Explain the structure and functions of House of Representatives.
13.1 INTRODUCTION

The Constitution made the President the sole head of the

federation. He represents power, unity, stability, responsibility and public
support. He appoints ambassadors, consuls, judges and other high
officers of the executive branch and the armed services subject to the
approval of the senate. The President is given initiative in foreign affairs
and can make treaties but these are subject to confirmation by the
Senate. He has to depend on Congress for legislation and for organizing
and financing all the subordinate agencies of the government. The
American Constitution did not aim at creating a chief executive who
would be more than a King or Prime Minister. It was created as a post of
honour and leadership rather than of commanding authority. The
Constitution did not specify the exact nature and scope of presidential
powers. These have been determined by Congressional statutes, judicial
decisions and conventions laid down through the working of the
Constitutional system. Now the office of the President is the greatest
office in the world. Every President since the days of Washington has
contributed to its greatness. No one in democracy wields such a power
as the President of America.
13.1.1 QUALIFICATION FOR PRESIDENTSHIP:
Any natural-born American citizen, at least thirty-five years of age and
fourteen years a resident within the United States may stand for election.
Since no mention is made of the sex of the candidate, women as well as
men are eligible. A naturalized citizen cannot contest for President.

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13.1.2 NOMINATION AND ELECTION:
Nomination of Candidates:
The Constitution is silent on the method of nomination of the candidates.
The founders of the Constitution apparently expected that the Electoral
College would perform the tasks of both nomination and election. But the
rise of political parties had upset the expectations, and now the
candidates are chosen by the national domination conventions of the
political parties. Each political party holds a national convention for
choosing its Presidential nominee. Delegates to the national party
conventions are chosen by state party conventions and in some states
by primary elections known as Presidential primaries. The national party
conventions are held in big cities. A majority of all the delegates is
required to choose the Presidential nominee.
Composition and Election of the Electoral College:
As said above, constitutionally the President is elected by an electoral
college formed for the purpose. The Constitution says that the number of
electors chosen in each state shall be equal to the number of members
of the House of Representatives and of the Senate for that state; in other
words, equal to the state’s representation in Congress. At present there
are 538 votes in the Electoral College (the total of 435 representatives
and 100 senators plus 3 electoral votes for the District of Columbia) of
which 270 are necessary for election.
Formal Election of the President by Electors:
The formal election of the President takes place long after the polling
day through the machinery of the Electoral College. The Electoral
College does not formally meet at one place. The electors of the various
states assemble at their respective state capitals and vote for the
President. The ballots of the state electoral groups are sent to the
President of the Senate, opened and counted before a joint session of
Congress and the result is formally announced. A candidate in order to
win must secure “a majority of the whole number of electors appointed”.
If no candidate secures much majority, the House of Representatives
chooses the President from among the three candidates securing the
highest votes in the Electoral College. The House votes state wise, each
state having one vote. A quorum for this purpose consists of members
from two-thirds of the states and a majority of all the states is necessary
for election.

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13.2 POWERS OF THE U.S. PRESIDENT
The American Presidency has been described by Lord Bryce as
‘the greatest office in the world to which a man can rise by his own
efforts. He is the most powerful executive head in the world, despite
constitutional limitations and restraints on his powers. He derives his
powers directly from the Constitution, which gives him in express terms
the right to veto Acts of Congress. He has acquired a good deal of
authority by statutes, judicial decisions and usages. He enjoys many
implied and discretionary powers. He is the chief executive of
administration and all others help him in carrying out his work. Some of
his important executive powers are briefly discussed here:
13.2.1 EXECUTIVE POWERS:
(i) The President as Chief Administrator: The President wields real
authority and powers of administration. It is his duty to see that the
constitution, laws and treaties of the United States, and the
decisions of the federal court are enforced throughout the country.
He has administrative control over many independent boards,
commissions and agencies. He issues instructions for their smooth
working and ensures that their work is being smoothly carried out.
(ii) Power of Appointment: He appoints all the officials serving
under the federal government. All heads of departments, judges,
diplomats, regulatory commissioners, marshals and collectors of
customs are appointed by him. The appointments of major officers
are confirmed by the Senate but those of minor officers do not
require confirmation by the Senate.
(iii) Power of Removal: The President has the power of removal
except in the case of following officials: (i) the Judges of the
Federal Courts- they can be removed be impeachment only; (ii)
members of various Boards and Commissions and (iii) all officers
and other employees appointed under civil service rules. They can
be removed on the establishment of the charges of corruption and
inefficiency.
(iv) Foreign Relations: He exercises control over the conduct of
foreign relations. His treaty making powers are subject to
ratification by Senate by two-thirds votes, but he is authorized to
enter into executive agreements for which no consent of Senate is
required. He appoints and receives ambassadors. This involves a
vital power of recognition. Through this he has complete discretion
to recognize or not the new stages or governments.

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(v) Military Powers: The President is the supreme commander-in-
chief of the army, navy and air force of America. He has the
responsibility of keeping the nation prepared to meet any enemy
assault. He is a constitutional dictator in the event of war.
13.2.2 LEGISLATIVE POWERS:
(i) Messages: Within constitutional limits he has the responsibility to
guide law-making activity. From time to time he has to give the
Congress information of the state of the Union and recommend for
their Consideration such measures, as he shall judge necessary
and expedient. He may convene both Houses and either of them
and in case of disagreement between them; he may adjourn them
for such time as he shall think proper. He sends the Congress an
annual message containing a review of the activities of government
during the preceding year, and recommendations for such
legislations as he deems in the interest of the country.
(ii) Special Sessions: He has power to call extra-ordinary sessions of
the Congress for consideration of special matters of an urgent
character.
(iii) Executive Orders: The President has also been delegated the
rule-making powers by the Congress. He has the power to issue
certain orders and regulations having the force of law. During
wartime and emergencies, the President has the power of issuing
executive orders and proclamations.
(iv) President’s Veto Power: The Constitution requires that all bills
and resolutions, except proposed constitutional amendments, must
be submitted to the President for his signature. If he signs the bill, it
becomes law. If he disapproves, he can send the bill back to the
Congress for reconsideration with his suggestions. If the Congress
wants that the bill should become a law as it was passed, it should
repass it by a two-third vote in each House. The bill can be
returned within ten days, it becomes a law provided more than ten
days are left in the termination of the session of the Congress, and
otherwise the bill dies of the ‘pocket veto’ of the President.
(v) The Budget: The budget is prepared by the Director of the Budget
under the direction of the President. It is then submitted to the
Congress for approval.

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13.2.3 JUDICIAL POWERS:
(i) Power to grant Pardon and Reprieves: The President has the
power to pardon an offender and make him innocent in the eyes of
law. He can exercise this power independently of the Congress
and the courts. But he cannot pardon one who has been punished
by impeachment. He can pardon only in cases of offence against
the law of the United States and not that of a State law. He can
also grant amnesty, which is a modified form of pardon extending
to a group of people who have violated a federal law. This is done
by Presidential proclamation or by an Act of Congress.
(ii) Immunity from Prosecution: The President is immune from
arrest for any offence and is not subject to the control of courts. No
prosecution can be issued against him or compel him to perform
any act. But impeachment is an exception. He can appear as a
witness in any court.
13.2.4 PRESIDENTS, EMERGENCY POWERS:
Congress has delegated several powers to the President, which
he can exercise during emergency such as wartimes, internal
disturbances and financial crises. During Emergency period the
President gets all powers from the Congress, but for this he has to
establish that the emergency really exists and that there is no existing
law to deal with the situation.
The above discussion clearly shows that powers of the President
of the U.S.A. have immensely increased and today the whole
administration revolves round him. Various constitutional amendments
passes from time to time have increased his powers. The courts have
also helped in it by interpreting various provisions of the Constitution.
Even the Congress cannot reduce these powers once the court has
given its interpretation. Judicial decisions, discretionary and traditional
powers have also enhanced his powers.
13.3 PRESIDENT’S CABINET
The President’s Cabinet came into existence out of custom and
usage; it is not known to constitutional law. It has developed over the
past two centuries. It is a body of advisors to the President and does not
have any executive authority. The Cabinet of George Washington had
only the heads of the four major departments. Now with the creation of
more departments and with the extension of the functions of the State,
the Cabinet’s strength has increased to ten. In addition to the heads of
various departments the President includes others also.

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 Some Presidents invite the Vice-President to the meetings of the
Cabinet while others invite their friends who may not be holding any
office under the government of the U.S.A. The American Cabinet is
purely an advisory body and its members are not equal to the President;
they are his subordinates. The President is the ruler of the heads of
departments. He is independent and may or may not seek the advice of
the members of his Cabinet. Votes are seldom taken and even when
voting takes place, the President is not obliged to abide by the majority
vote. The meetings are informal and no minutes are kept.
13.4 EXECUTIVES OFFICE OF THE PRESIDENT
The Executive Office of the President (EOP) consists of the top staff
agencies, which aid and advise the President in carrying out his duties
and responsibilities as the administrative head of the executive branch of
the government. This office was established in 1939 by the then
President Franklin D. Roosevelt by an executive order under the
Reorganisation Act of 1939. The creation of this office to provide the
President with a ‘general staff’ was recommended by the Brown low
Committee (President’s Committee on Administrative Management)
Report of 1937. At present, the EOP of the USA consists of the following
staff agencies.
 The White House Office
 The Office of Management and Budget
 The Council of Economic Advisers
 The National Security Council
 The Office of the United States Trade Representative
 The Council on Environmental Quality
 The Office of Science and Technology Policy
 The Office National Drug Control Policy
 The Office of Administration
It must be mentioned here that the Office of Personnel Management and
the General Accounting Office are not placed within the EOP as the
Congress of the USA refused the same.
The White House Office: It contains about 150 close confidential
advisors and personal assistants on whom the President leans for day-
to-day operations the executive branch. They are appointed by the
President and assist him in such matters as he may direct. They

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facilitate and maintain communication with the Congress, the heads of
executive agencies, the media and the general public.
The Office of Management and Budget: The Office of Management
and Budget (OMB) was created in 1970 by an executive orders to
replace the Bureau of Budget, which was created by the Budget and
Accounting Act of 1921.In 1939 this Bureau of Budget was transferred
from the Department of Treasury to the Executive Office of the President
(EOP).
The National Security Council: It is composed of the President of the
USA as its Chairman, and the Vice-President, the Secretary of State and
the Secretary of Defense as its members. The Chairman of the Joint
Chiefs of Staff and the Director of Central Intelligence act as military and
intelligence advisors to the Council respectively. It advises and assists
the President in integrating domestic, foreign, and military, intelligence
and economic policies relating to national security. The Council was
established by the National Security Act of 1947. It was placed in the
EOP in 1949.
13.5 CONGRESS

Congress is a bicameral legislature consisting of the Senate and

the House of Representatives. The Senate is the upper chamber and the
House of Representatives is the popular chamber in the United States.
13.6 SENATE
The upper house in USA is known as Senate. It represents the
federation units. i.e. the states. The Senate is more powerful than the
House of Representatives and it is also the most powerful second
chamber in the world.
13.6.1 COMPOSITION:

Congress is a bicameral legislature, consisting of the Senate and

the House of Representatives. The Senate is the upper chamber. It
consists of 100 members, two from each state. It symbolizes the
principle of equality of all states in the federal system. Today California
has a population of 20 million and Alaska only 3,00,000, but each of
them sends two representatives to the Senate. Today it is impossible to
abolish equality of states as the Constitution ordains “no state, without
its consent shall be deprived of equal suffrage in the Senate”. The term
of Senators is six years. They are elected from the state as a whole. It is
a continuous body, one- third of its members retiring every two years.

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 A senator must be thirty years of age at the time of taking his
seat, nine years a citizen of the Unites States, a resident of the state for
which he is elected, and not a holder of any federal office. Suffrage
requirements for the senators are the same as for the members of the
House of Representatives. The right to vote is given by the states rather
than by the federal government. However, the Fifteenth and Nineteenth
Amendments ordain that the rights of the citizens of the United States
shall not be denied on account of race, colour of sex.
The Vice-President of the United Stated is the presiding officer of
the Senate. The Senate also elects from among its own members a
president pro tempore who presides in the absence of the Vice
President.
13.6.2 POWERS AND FUNCTIONS:
Legislative Powers of the Senate: The Legislative powers of the
American Senate are coequal with those of the House of
Representatives. It is a coordinate body and not a subordinate branch of
the federal legislature. The House of Representatives cannot veto the
Senate. All bills except those relating to rising of revenue can originate in
any of the two chambers. The Constitution states that all bills for raising
revenue shall originate in the House of Representatives but the Senate
may propose or concur with amendments as on other bills. With regard
to appropriation bills, the Constitutions are silent. Logically, therefore, it
can be inferred that appropriation bills may also originate only in the
Senate. But now it is custom that appropriation bills originate only in the
House of Representatives.
Other Powers, the Senate shares with the House of
Representatives: Besides legislation, the Senate shares many other
powers with the House of Representatives. The most important of these
is the power to propose amendments, either a two-thirds vote of both
Houses or by a convention called by Congress on the application of the
legislatures of two-thirds of the states. In both methods of proposing
amendments the Senate enjoys equal powers with the House of
Representatives. Secondly, the Senate shares with the House of
Representatives the power to admit new states to the Union. Thirdly, the
power to declare war belongs to Congress as a whole. Obviously, in this
matter also the power of the Senate is the same as that of the House of
Representatives.

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Special Powers of the Senate:
(1) Share in Appointing Power: The Senate possesses many special
powers, which are not enjoyed by the House of Representatives.
The Constitution lays down that the President shall with the advice
and consent of the Senate, appoint ambassadors, other public
ministers and consuls, judges of the Supreme Court, and all other
officers of the United States, whose appointments are not provided
for in the Constitution. It is a very important power of the Senate. It
is a serious check on the power of the President.
(2) Share in Treaty-making Power: The Senate also shares with the
President the power of making treaties. The Constitution ordains
that the President shall have power, with the advice and consent of
the Senate, to make treaties, provided the two-thirds of the
senators present concur. The extraordinary two-thirds majority
required for approval of treaty means that a few senators (34
members) could torpedo a treaty negotiated and concluded by the
President. On several occasions treaties have been rejected by the
Senate. The Treaty of Versailles is a very notable example of this
kind.
The Senate as a Court of Impeachment: The Constitution provided
that the President, Vice-President, and all civil officers of the United
States, shall be removed from office on impeachment and conviction for
treason, bribery or other high crimes and misdemeanours. The House of
Representatives initiates impeachment proceedings by framing charges
against the officer concerned. The Senate sits as a court of trial, the
Chief Justice of the Supreme Court presiding. A two-thirds vote of the
members present is required for a conviction. The penalty may be
removal of the offender from office, and disqualification to hold and enjoy
any office of honour, trust or profit under the United States.
Election of the Vice-President in Special Situation: If in a Vice-
Presidential election no candidate secures an absolute majority, the
Senate has to choose the Vice-President from among the two
candidates who have obtained the highest number of votes.
13.7 HOUSE OF REPRESENTATIVES
The lower chamber of the American congress is the House of
Representatives. The Organisation of the lower house states and not by
the federal government. However, the 15th and 19th Amendment ordains
that the right of the citizen of the United States to vote not be denied on
account of race, colour and previous servitude of sex.

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13.7.1 COMPOSITION:
The House of Representatives is the popular chamber in the
United States. At present the membership of the House is 435.
According to the constitution state must have at least one
representative. Seats are reapportioned among the states after each
decennial census. One seat is assigned to each state and the remaining
is distributed in proportion to populations.
Suffrage is determined by the states and not by the federal
government. However, the Fifteenth and Nineteenth Amendment ordain
that the right of the citizen of the United States to vote not be denied on
account of race, colour, and previous servitude of sex. A candidate for
the House must be at least twenty-five years old, must have been a
citizen of the U.S.A. for at least seven years must be a resident of the
state from which election is sought, and must not be a resident of the
district that he seeks to represent.
Members of the House of Representatives are elected by secret
ballot. They are elected for a term of two years. The House cannot be
dissolved earlier. According to the Constitution the House is the judge of
the elections, returns and the qualifications of its own members. The
representatives choose their own Speaker at the inauguration of the new
House. There are twenty-one standing committees in the House, each
devoted to one specific subject. The chairmen of the Committees are
also elected by the House. The Senate and the House, both adjourn
simultaneously. In case of disagreement between the two Houses on the
question of adjournment, the President decides the date of adjournment.
13.7.2 POWERS AND FUNCTIONS:
(1) Ordinary Legislation: The Constitution empowers the House to
enact laws on any subject included in the federal list, with the
concurrence of the Senate. A legislative measure can be initiated in any
of the two chambers. The legislative powers of the two Houses are
absolutely equal. The House of Representatives, though the popular
chamber in theory, is not superior to the Senate so far as law-making
power is concerned. In case of disagreement between the two Houses
the matter is referred to a Conference Committee of both Houses for
resolving the difference.
(2) Finance: The House of Representatives has sole initiative in
taxation bills. The Constitution states, “All bills for raising revenue shall
originate in the House of Representatives, but the Senate may propose
or concur with amendments as on other bills. With regard to

132
appropriation bill the Constitution is silent. Logically, therefore, it may be
inferred that appropriation bills may also originate in the Senate. But now
it is a custom that appropriation bills originate only in the House of
Representatives. Thus, the financial powers of the House of
Representatives are, in effect, not superior to those of the Senate.
(3) Constitutional Amendments: Besides legislation the House of
Representatives shares many other powers with the Senate, the most
important being the power to propose amendments to the Constitution.
There are two ways of proposing amendments, either a two-thirds vote
of both House and Senate or by a convention called by Congress on the
application of the legislatures of the two-thirds of the states. In both
methods of proposing amendments the House of Representatives has
coequal power with the Senate.
LET US SUM UP
The President of USA is the most powerful executive head of the state.
He is head of the State, Government and Party Leader. He has been
assigned multiple roles and the powers of the President are namely
executive, legislative and judicial. The comparison of the position and
powers of the President of the United States and those of the Prime
Minister of England is not only interesting it is also very fruitful. Though
USA is the traditional home of the patronage system since the passage
of Pendleton Act of 1833 it established the merit system in public
service.
CHECK YOUR PROGRESS

1. The Executive Office of the President (EOP) was established in

______ by President Franklin D. Roosevelt.
2. The Office of Management and Budget (OMB) was created in ____
by executive orders to replace the Bureau of Budget.
3. The National Security Council was established by the National
Security Act of_______.
4. Pendleton Act of _____ established the merit system in public
service.
GLOSSARY

Partisan : Belonging to a party.

Whistle blowing : Reporting on corruption, fraud and waste.
Treason : Betraying a person.
Impeachment : Accuse a public official or politician of committing
a crime.

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ANSWERS TO CHECK YOUR PROGRESS
1. 1939.
2. 1970.
3. 1947.
4. 1833
MODEL QUESTIONS

1. Discuss the powers and functions of the congress.

2. Elaborate the role of House of Representatives in Congress.
3. Analyze the importance of Senate in the US Congress.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

134
UNIT - 14

FEDERAL JUDICIARY - SUPREME COURT

STRUCTURE
Overview
Learning Objectives
14.1 Judiciary in the U.S.A.
14.2 Structure
14.3 Supreme Court
14.4 Judicial Review
14.5 Introduction to the Federal Court System
14.5.1 District Courts
14.5.2 Circuit Courts
14.5.3 Supreme Court of the USA
14.6 Judicial Process in USA
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The study of judiciary in U.S.A is important for two reasons. First it is one
of the major branches of the government. Secondly since U.S.A is a
federal state, independence of judiciary is imperative. By discursing the
judicial system in U.S.A we can come to know the Organisation of the
Supreme Court and its independence to work as an impartial arbiter of
disputes that often arise between national and state governments. The
American Constitution provides for a federal state with division of powers
between the federal and state governments. Local government is a state
subject. This unit describes the judicial and local government in USA.

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LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the working of the Supreme Court.
 Know the importance of judicial review.
 Explain the judicial process in USA.
14.1 JUDICIARY IN THE USA

Federal Judiciary occupies a special position in the American

Constitutional system. The constitution has vested the judicial power in
the hands of the Supreme Court. In a federal state the strong and
independent judiciary is absolutely necessary. In the U.S the Supreme
Court occupies an important position. American judiciary has taken upon
itself the role of the guardian of the constitution and has exercised of the
Powers of Judicial review. Article III of the Constitution, which
establishes the Judicial Branch, leaves Congress significant discretion to
determine the shape and structure of the federal judiciary. Even the
number of Supreme Court Justices is left to Congress at times there
have been as few as six, while the current number (nine, with one Chief
Justice and eight Associate Justices) has only been in place since 1869.
The Constitution also grants Congress the power to establish courts
inferior to the Supreme Court, and to that end Congress has established
the United States district courts, which try most federal cases, and 13
United States courts of appeals, which review appealed district court
cases.
14.2 STRUCTURE

The federal judiciary consists of 89 District courts, 11 Circuit

Court of Appeal and the Supreme Court. District Courts had original
jurisdiction in all cases arising under federal laws. Above the District
Court the Circuit Court of Appeal stands. They have no original
jurisdiction. They are purely appellate courts and hear appeals against
the decision of District Courts in their respective circuits on question of
law. Each circuit court consists of 3 to 9 circuit judges who are appointed
by the President with consent of the senate. The judges hold office
during their good behaviour. At the top of the federal judiciary there is
the Supreme Court of the United States.
14.3 SUPREME COURT
At present there are 9 justices in the Supreme Court, including
the Chief Justice. The Justices of the Supreme Court are appointed by
the President with the advice and consent of the Senate. They hold

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office during good behaviour. The Justices can be removed only by
impeachment. The constitution lays down on qualifications for federal
judges whether of age, citizenship, literacy period of residence in the
United States, judicial experience.
The jurisdiction of the Supreme Court is both original and
appellate. The jurisdiction of the federal judiciary as a whole includes all
cases in law and equity arising under the national constitution, the laws
of the United States, and treaties made under their authority and all
cases of admiralty and maritime jurisdiction. The second type includes
cases affecting ambassadors and other public ministers and consuls,
controversies to which the United States is a party, controversies
between two or more states, between citizens of the same state claiming
lands under grants of different states and between a state or citizens
thereof, and foreign states, citizens, or subjects.
14.4 JUDICIAL REVIEW

The Supreme Court of the United States possesses a unique

power of judicial review. It is the power of the courts to declare any law
null and void, if it violates the provision of the constitution. In performing
this function of the court, “stands as the guardian of the boundaries
which separate the legitimate powers of the three branches of the
national government as a whole from those of the states and of the
people”. Thus the case for judicial review stands on three grounds. The
court must apply the law to case that come before it.
Another reason for judicial review is the federal system of
government. There is the necessity to keep both the federal and state
governments within their proper constitutional spheres. Thirdly, judicial
review is also necessary to keep the three branches of the national
government, legislative, executive and judicial within their proper
constitutional spheres and thus maintain the separation of governmental
powers which is a basic feature of the United States governmental
system.
In the Constitution of the United States there is no direct mention
of the power of judicial review of the Supreme Court. Some writers argue
that the Constitution does not confer this power on the Court. President
Jefferson was one of them. He regarded the power of judicial review as
a violation of the doctrine of separation of powers and limited
government. On the other hand some other constitutional pundits hold
that the power of judicial review is inherent in the very nature of the
Constitution. In support of their argument they cite the authority of Article
III and article VI of the Constitution.

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 Article III (section 2) says: “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 this
authority….” Similarly, Article VI of the Constitution lays down: “This
Constitution, and the laws of the United States which shall be made in
pursuance thereof, and all treaties made, or which shall be made, under
the authority of the United States, shall be the supreme law of the land,
and the judges in every state shall be bound thereby, anything in the
Constitution or laws of any State to the contrary notwithstanding.” These
two provisions are regarded as the basis of the power of judicial review
of the Supreme Court.
The power of judicial review of the Supreme Court was first
asserted by Chief Justice Marshall in the famous Marbary and Madison
case in 1803. In that case the Court held that the Judiciary Act of 1789
had conferred upon the Supreme Court certain powers which conflicted
with the provision of Article III of the Constitution. It was therefore ultra
vires. This judgement became a historic decision of the Supreme Court
which gave it the power of judicial review. The Court has frequently used
this power to protect and defend the Constitution of the United States.
This power of judicial review of the Supreme Court has made a
significant contribution to the growth of the American Constitution. Chief
Justice Hughes once observed, “we are under the Constitutions but the
Constitution is what the Judges say it is.” Because the Judges have
been constantly interpreting and reinterpreting the Constitution it has
rightly been remarked that the Court is a continuing constitutional
convention. In other words, it has been performing the function of a
constitutional convention.
14.5 INTRODUCTION TO THE FEDERAL COURT SYSTEM
The federal court system has three main levels: district courts
(the trial court), circuit courts which are the first level of appeal, and the
Supreme Court of the United States, the final level of appeal in the
federal system. There are 94 district courts, 13 circuit courts, and one
Supreme Court throughout the country. Courts in the federal system
work differently in many ways than state courts. The primary difference
for civil cases is the types of cases that can be heard in the federal
system. Federal courts are courts of limited jurisdiction, meaning they
can only hear cases authorized by the United States Constitution or
federal statutes. The federal district court is the starting point for any
case arising under federal statutes, the Constitution, or treaties. This
type of jurisdiction is called “original jurisdiction.”

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 Sometimes, the jurisdiction of state courts will overlap with that of
federal courts, meaning that some cases can be brought in both courts.
The plaintiff has the initial choice of bringing the case in state or federal
court. However, if the plaintiff chooses state court, the defendant may
sometimes choose to “remove” to federal court. Cases that are entirely
based on state law may be brought in federal court under the court’s
“diversity jurisdiction.” Diversity jurisdiction allows a plaintiff of one state
to file a lawsuit in federal court when the defendant is located in a
different state. Federal judges are selected by the President and
confirmed “with the advice and consent” of the Senate and “shall hold
their Offices during good Behavior.” Judges may hold their position for
the rest of their lives, but many resign or retire earlier. They may also be
removed by impeachment by the House of Representatives and
conviction by the Senate. Throughout history, fifteen federal judges have
been impeached due to alleged wrongdoing. One exception to the
lifetime appointment is for magistrate judges, which are selected by
district judges and serve a specified term.
14.5.1 DISTRICT COURTS:

The district courts are the general trial courts of the federal court system.
Each district court has at least one United States District Judge,
appointed by the President and confirmed by the Senate for a life term.
District courts handle trials within the federal court system both civil and
criminal. The districts are the same as those for the U.S. Attorneys, and
the U.S. Attorney is the primary prosecutor for the federal government in
his or her respective area. District court judges are responsible for
managing the court and supervising the court’s employees. They are
able to continue to serve so long as they maintain “good behavior,” and
they can be impeached and removed by Congress. There are over 670
district court judges nationwide.
14.5.2 CIRCUIT COURTS:

Each circuit court has multiple judges, ranging from six on the First
Circuit to twenty-nine on the Ninth Circuit. Circuit court judges are
appointed for life by the president and confirmed by the Senate. Any
case may be appealed to the circuit court once the district court has
finalized a decision. Appeals to circuit courts are first heard by a panel,
consisting of three circuit court judges. Parties file “briefs” to the court,
arguing why the trial court’s decision should be “affirmed” or “reversed.”
After the briefs are filed, the court will schedule “oral argument” in which
the lawyers come before the court to make their arguments and answer
the judges’ questions.

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14.5.3 SUPREME COURT OF THE UNITED STATES:
The Supreme Court of the United States is the highest court in
the American judicial system, and has the power to decide appeals on
all cases brought in federal court or those brought in state court but
dealing with federal law. For example, if a First Amendment freedom of
speech case was decided by the highest court of a state (usually the
state supreme court), the case could be appealed to the federal
Supreme Court. However, if that same case were decided entirely on a
state law similar to the First Amendment, the Supreme Court of the
United States would not be able to consider the case.
The members of the Court are referred to as “justices” and, like other
federal judges, they are appointed by the President and confirmed by
the Senate for a life term. There are nine justices on the court as eight
associate justices and one chief justice. The Constitution sets no
requirements for Supreme Court justices, though all current members of
the court are lawyers and most have served as circuit court judges.
Justices are also often former law professors. The chief justice acts as
the administrator of the court and is chosen by the President and
approved by the Congress when the position is vacant. The Supreme
Court meets in Washington, D.C. The court conducts its annual term
from the first Monday of October until each summer, usually late June.
14.6 THE JUDICIAL PROCESS IN USA
Article III of the Constitution of the United States guarantees that
every person accused of wrongdoing has the right to a fair trial before a
competent judge and a jury of one’s peers. The Fourth, Fifth, Sixth, and
Eighth Amendments to the Constitution provide additional protections for
those accused of a crime. These include as a guarantee that no person
shall be deprived of life, liberty, or property without the due process of
law, Protection against being tried for the same crime twice, The right to
a speedy trial by an impartial jury, The right to cross-examine witnesses,
and to call witnesses to support their case, The right to legal
representation, The right to avoid self-incrimination and Protection from
excessive bail, excessive fines, and cruel and unusual punishments.
LET US SUM UP
At present the Supreme Court has nine judges including the Chief
Justice and they are appointed by the President with the consent of the
Senate. The Supreme Court has original jurisdiction in cases involving
ambassadors, ministers, consuls and those in which the state is party. It
has appellate jurisdiction. It possesses the power of judicial review.

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CHECK YOUR PROGRESS
1. The federal judiciary consists of ___ District courts, __ Circuit
Court of Appeal and the Supreme Court.
2. The Justices of the Supreme Court are appointed by the
__________ with the advice and consent of the Senate.
3. ___________ stands as the guardian of the boundaries which
separate the legitimate powers of the three branches of the
national government.
4. ________ Courts handle trials within the federal court system both
civil and criminal.
GLOSSARY
Jurisdiction : Official power to make legal decisions and
judgments.
Appeal : Apply to a higher court for a reversal of the
decision of lower court.
Legitimate : Conforming the laws or rules.
ANSWERS TO CHECK YOUR PROGRESS
1. 89, 11.
2. President.
3. Judicial review.
4. District.
MODEL QUESTIONS
1. Describe the composition, powers and functions of the supreme
court of USA.
2. What is the importance of judicial review in the American Political System?
3. Explain the judicial process in the USA.
4. Discuss the federal court system in USA.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

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UNIT - 15

JUDICIAL REVIEW
STRUCTURE
Overview
Learning Objectives
15.1 Introduction
15.2 Judicial Review in India and USA – A Comparison
15.3 Judicial Review in USA
15.4 Due Process of Law as the basis of Judicial Review
15.5 Limitations on the Supreme Court in respect of Judicial
Review
15.6 Judicial Review in India and USA – Impact of Application
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
One of the most important features of the judiciary is the power of
judicial review. Judicial review is the power of the Supreme Court and
the High Courts to examine the constitutionality of the Acts of the
Parliament and the state legislatures and executive orders both of the
centre and state governments. If it is found that any of its provisions are
in violation of the provisions of the constitution, they can be declared
unconstitutional or ultra-vires of the constitution and a law declared by
the Supreme Court as unconstitutional cannot be enforced by the
government. This unit describes the concept of Judicial Review in USA.
LEARNING OBJECTIVES

After studying this unit, you will be able to

 Understand the meaning and origin of Judicial Review.
 Discuss the implications of Judicial Review in US Judiciary.
 Describe the application of Separation of Powers Doctrine.

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15.1 INTRODUCTION
The best-known power of the Supreme Court is judicial review, or
the ability of the Court to declare a Legislative or Executive act in
violation of the Constitution, is not found within the text of the
Constitution itself. The Court established this doctrine in the case
of Marbury v. Madison (1803). In this case, the Court had to decide
whether an Act of Congress or the Constitution was the supreme law of
the land. In subsequent cases, the Court also established its authority to
strike down state laws found to be in violation of the Constitution. Before
the passage of the Fourteenth Amendment (1869), the provisions of the
Bill of Rights were only applicable to the federal government. After the
Amendment's passage, the Supreme Court began ruling that most of its
provisions were applicable to the states as well. Therefore, the Court
has the final say over when a right is protected by the Constitution or
when a Constitutional right is violated.
15.2 JUDICIAL REVIEW IN INDIA AND USA: A COMPARISON
One of the most important features of the judiciary is the power
of judicial review. Judicial review is the power of the Supreme Court and
the High Courts to examine the constitutionality of the Acts of the
Parliament and the state legislatures and executive orders both of the
centre and state governments. If it is found that any of its provisions are
in violation of the provisions of the constitution, they can be declared
unconstitutional or ultra-vires of the constitution and a law declared by
the Supreme Court as unconstitutional cannot be enforced by the
government. The judiciary by using this power keeps the legislative and
the executive organs within the purview of the constitution. Judicial
review is an example of the functioning of separation of powers in a
modern governmental system. This principle is interpreted differently in
different jurisdictions, which also have differing views on the different
hierarchy of governmental norms. As a result, the procedure and scope
of judicial review differs from country to country and state to state.
The doctrine of judicial review is one of the invaluable
contributions of the U.S.A. to the political theory. Its origin has been the
result of a judicial decision and its continuance has been possible due to
some conventions. The concept of judicial review was developed by
Chief Justice Marshall of the American Supreme Court in the famous
Marbury v. Madison case (1803). In this case Chief Justice Marshall laid
down that the judiciary has the power to examine the laws made by the
legislature. It was also declared that if any such law is found to be in
violation of the constitution, then such a law would be declared by the

143
court as ultra-vires of the constitution. While doing so the Supreme Court
referred to Article VI, Section 2 of the Constitution.
Judicial Review as formulated by Chief Justice Marshall of the American
Supreme Court has following objectives:
i. To uphold the principle of the supremacy of the Constitution.
ii. To maintain federal equilibrium i.e. balance between the centre and
the states.
iii. To protect the fundamental rights of the citizens.
15.3 JUDICIAL REVIEW IN U.S.A

The US Constitution is the supreme law of the land. The

Supreme Court has the power to interpret it and preserve its supremacy
by preventing its violations by the Congress and the President. This
provision has been the basis of the judicial review power of the Supreme
Court. “Judicial Review " is the principle and authority which give the
Supreme Court of USA the power to reject or abrogate any law which is
made by Congress or states. According to this power Supreme Court of
USA reject or abrogate any law which does not suit or conform to the
constitution of USA or apposite the constitution of USA or violate the
Constitution It has come to be recognised as the most distinctive
attribute and function of the Supreme Court. As such, it can be said
Judicial Review is the power of the Supreme Court to determine the
constitutional validity of federal and state laws whenever these are
challenged before it in the process of litigation. It is the power to reject
such laws as are held to be it ultra vires.
There is no clear mention of the Judicial Review power of the
court in any part of the US Constitution. Its origin has been the result of
a judicial decision and its continuance has been possible due to some
conventions. The U.S. Constitution does not mention judicial review.
This power, however, was used before 1787 by courts in several of the
American states to overturn laws conflicting with state constitutions. In
1789 the Congress of the United States passed the Judiciary Act, which
gave federal courts the power of judicial review over acts of state
government. This power was used for the first time by the U.S. Supreme
Court in Hilton v. Virginia (1796).In 1803, the power of judicial review
was used for the first time by the U.S. Supreme Court to declare an act
of Congress unconstitutional. Acting under the doctrine of Implied
Powers, the Supreme Court in its judgement in Marbury v. Madison case
(1803), admitted its existence and used it. In this case, Chief Justice
John Marshall explained and justified the exercise of judicial review to
strike down an unconstitutional act of Congress or states.

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 While doing so the Supreme Court referred to Article VI, Section
2 of the Constitution which reads, “This Constitution and the laws of the
United States which shall be made in pursuance thereof; and all treaties
made or which shall be made under the authority of the United States,
shall be the supreme law of the land, and the judges in every state shall
be bound thereby, anything in the constitution or laws of any state to the
contrary notwithstanding.” This article of the constitution was taken to
mean that the judges have the power and duty to uphold the supremacy
of the Constitution by not allowing any federal or state laws to violate its
provisions.
While giving judgement in this case, which involved an
interpretation of the Judiciary Act 1789, Chief Justice Marshall
enunciated this doctrine and observed that “a written Constitution is
superior to all other acts of government made under it; and it is the
sworn duty of federal judges to follow the constitution and give effect
only to constitutional law and determine which law prevails where there
is conflict. If a Congressional law conflicted with the Constitutional law,
the court was bound to uphold the Constitution as the highest law of
land.” “Courts are to respect the Constitution and the Constitution is
superior to any ordinary Act of legislature.” Since then the Supreme
Court has been exercising this unique power and has declared a number
of legislative powers null and void.
After the historic judgement in the Marbury v. Madison case, the
Supreme Court has been regularly using this power. After 1803, it was
used only in 1857 in the Dred Scott case. Till today nearly 100
Congressional statutes have been declared unconstitutional by the
Supreme Court. The Court has always refused to apply judicial review to
political questions. Judicial Review is neither automatic nor mechanical.
The bills passed by the Congress and the state legislatures become
operative the moment these become laws. These do not automatically
go to the court for judicial review. It is only when any law is specifically
challenged or when during the course of litigation in a case, the issue of
the constitutionality of any law arises that the conducts judicial review.
After the judicial review is conducted the Supreme Court can give 3
types of decisions. These are as follows:
i. That the law is unconstitutional. In this case, the law stands
struck down and it ceases to operate form the date on which the
Supreme Court declares it invalid.
ii. That the law is constitutional and fair. In this case, the law
continues to operate as before without any change.

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iii. That any part or some parts of the law are unconstitutional.
iv. In this case, only the part or parts declared unconstitutional
cease to operate and the rest of law continues to operate. If,
however, the part or parts declared unconstitutional are so
integral to the law that it cannot operate without them, the whole
law becomes invalid.
15.4 DUE PROCESS OF LAW AS THE BASIS OF JUDICIAL
REVIEW
On the basis of the Fifth Amendment of the Constitution, the
scope of judicial review has become very vast. In one of its clauses, it
has been laid down that “the Government cannot deprive anyone of life,
liberty or property without due process of law.” The term “Due Process of
Law” means that the life, liberty or property of the people cannot be
subjected to arbitrary and unfair limitations by the law or the executive or
even by the judges in the process of awarding punishments. In simple
words, it stands for free and fair trial for meeting the ends of justice. The
Supreme Court has used this principle to determine the validity of laws.
15.5 LIMITATIONS ON THE SUPREME COURT IN RESPECT OF
JUDICIAL REVIEW
1) The Court does not conduct judicial review over political issues.
2) While declaring a law unconstitutional the Court has to assign
reasons and specify the provisions of the Constitution that it violates.
3) The Supreme Court conducts judicial review only in cases actually
brought before it. It cannot initiate the process of its own.
4) The law declared invalid ceases to operate for the future. The work
already done on its basis continues to be valid.
5) The Court has to demonstrate clearly the unconstitutionality of the
law which is sought to be declared invalid.
15.6 JUDICIAL REVIEW IN INDIA AND USA – IMPACT ON
APPLICATIONS

The scope of judicial review in India is narrower than that of what

exists in USA, though the American Constitution does not explicitly
mention the concept of judicial review in any of its provisions. In USA the
judges exercise judicial review in a very aggressive manner. If the
judges think that a particular law and the philosophy of it is not liked by
the judges then, also the judiciary may reject the law. But such a thing

146
never happens in India. The Indian judges reject a law only on the basis
of unconstitutionality.
The American Constitution provides for ‘due process of law’
against that of ‘procedure established by law’ which is contained in the
Indian Constitution. The difference between the two is: the ‘due process
of law’ gives wide scope to the Supreme Court to grant protection to the
rights of its citizens. It can declare laws violate of these rights void not
only on substantive grounds of being unlawful, but also on procedural
grounds of being unreasonable. Our Supreme Court, while determining
the constitutionality of a law, however examines only the substantive
question i.e., whether the law is within the powers of the authority
concerned or not. It is not expected to go into the question of its
reasonableness, suitability or policy implications.
The American principle of judicial supremacy is also recognised
in our constitutional system, but to a limited extent. Nor do we fully follow
the British Principle of parliamentary supremacy. There are many
limitations on the sovereignty of the Parliament in our country, like the
written character of the Constitution, the federalism with division of
powers, the Fundamental Rights and the Judicial Review. In effect, what
exist in India are a synthesis both that is, the American principle of
judicial supremacy and the British principle of parliamentary supremacy.
In India the fundamental rights are not so broadly coded as in the
USA and the limitations there on have been stated in the constitution
itself and this task has not been left to the courts. The constitution
makers adopted this strategy as they felt that the courts might find it
difficult to work out the limitations on the fundamental rights and the
same better be laid down in the constitution itself. The constitution
makers also felt that the judiciary should not be raised at the level of
‘Super Legislature’, whatever the justification for the methodology
adopted by the makers of the Constitution, the inevitable result of this
has been to restrict the range of judicial review in India.
The framers of the Indian constitution took good care not to
embody the due process of law clause in the constitution. On the
contrary, the Indian constitution refers it to ‘procedure established by
law’. It can invalidate laws if they violate provisions of the constitution but
not on the ground that they are bad laws. In other words the Indian
Judiciary including the Supreme Court is not a Third Chamber claiming
the power to sit in judgement on the policy embodied in the legislation
passed by the legislature.

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 The power of judicial review is exercised differently in different
political systems. In countries like the United Kingdom where the
constitution is largely unwritten and unitary in character and parliament
is sovereign, the courts can declare an act of parliament to be
incompatible with the constitution, but they cannot invalidate a law for
being inconsistent with the constitution. In other words, the judiciary can
only interpret the constitution.
Like the American Supreme Court, the Supreme Court of India
enjoys the power of judicial review and this power has been specifically
recognised by the constitution. However, we see that its authority in
relation to ‘judicial review’ of legislation is more restricted than that of the
American Supreme Court. Though the courts have the power of judicial
review, the same cannot be exercised in an arbitrary fashion. If the law-
making power of parliament is not unlimited, the courts` power to review
the laws passed by parliament is also not unlimited. Like other organs of
the state, the judiciary derives its powers from the constitution and the
judges are as much under the constitution as anyone else.
They can interpret and invalidate laws but they cannot
themselves assume the law making function; nor can they confer that
function on any person or institution other than the federal or provincial
legislatures. Nor can the courts make constitutional what is manifestly
unconstitutional. Sovereignty is located neither in parliament nor in the
judiciary but in the constitution itself. There is nothing in the world which
is bad or good for it but it is its uses which make it bad or good. This
review system also has same situation. If Supreme Court use it only for
country then it is very good but if Supreme Court uses it and keeps their
own interests in mind, it is worse for country as well as countrymen. But
we know that after principle of judicial care, Supreme Court never use it
against national interests and judges keeps national interests, safety,
progress and dignity in their mind instead of their own interests or
conflicts.
LET US SUM UP
Despite various shortcomings of judicial review, it cannot be denied that
it has played an important role in ensuring constitutional government in
the country by keeping the centre and the states in the respective
spheres. It has also enabled the Constitution to change according to
changed conditions by imparting new meaning to the constitution.
Through the exercise of this power, the Supreme Court has protected
the freedom of citizens and protected their Fundamental Rights against
encroachment by the legislative and executive wings of the government.

148
CHECK YOUR PROGRESS
1. The passage of the Fourteenth Amendment ______, the provisions
of the Bill of Rights were only applicable to the federal government.
2. The judiciary by using power keeps the legislative and the
executive organs within the purview of the ___________.
3. The concept of judicial review was developed by Chief Justice
_______ of the American Supreme Court in 1803.
4. The constitution makers also felt that the judiciary should not be
raised at the level of ‘______________’.
GLOSSARY
Doctrine : A doctrine is a belief, principle or position usually
upheld by authorities like courts.
Federalism : Vertical Separation of Powers.
Veto : A constitutional right to reject a decision or
proposal made by a lawmaking body.
ANSWERS TO CHECK YOUR PROGRESS
1. 1869.
2. Constitution.
3. Marshall.
4. Super Legislature.
MODEL QUESTIONS

1. Describe the meaning and origin of Judicial Review.

2. Explain the concept of due process of law and Judicial Review.
3. Analyse the concept of Judicial Review in USA.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

149
UNIT - 16

SEPARATION OF POWERS
STRUCTURE
Overview
Learning Objectives
16.1 Meaning and Origin of Separation of Powers
16.2 Montesquieu and Separation of Powers
16.2.1 Meaning of the Doctrine
16.2.2 Montesquieu’s Doctrine
16.3 Constitutional Status of Separation of Powers in USA
16.3.1 Doctrine in USA
16.3.2 Legislative Power
16.3.3 Executive Power
16.3.4 Judicial Power
16.4 Leading Case Laws
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The separation of powers is a model for the governance of both
democratic and federative states. The model was first developed in
ancient Greece and came into widespread use by the Roman Republic
as part of the unmodified Constitution of the Roman Republic. The
doctrine of separation of powers has emerged in several forms at
different periods. Its origin is traceable to Plato and Aristotle. But it was
Montesquieu who for the first time formulated this doctrine
systematically, scientifically and clearly in his book ‘Esprit des Lois’ (The
Spirit of the Laws), published in the year 1748.This unit describes the
concept of Separation of Powers in USA.

150
LEARNING OBJECTIVES
After learning this unit, you will be able to
 Understand the meaning and concept of Separation of Powers.
 Know the Montesquieu’s doctrine.
 Discuss the constitutional status of Separation of Powers in USA.
16.1 MEANING AND ORIGIN OF SEPARATION OF POWERS

The term “Separation of Powers” was coined by the 18th century

philosopher Montesquieu. Separation of powers is a model that divides
the government into separate branches, each of which has separate and
independent powers. By having multiple branches of government, this
system helps to ensure that no one branch is more powerful than
another. Typically, this system divides the government into three
branches: the Legislative Branch, the Executive Branch, and the Judicial
Branch. The United States federal government and forty states divide
their governments into these three branches.
Separation of Powers in the United States is associated with the
Checks and Balances system. The Checks and Balances system
provides each branch of government with individual powers to check the
other branches and prevent any one branch from becoming too
powerful. For example, Congress has the power to create laws, the
President has the power to veto them, and the Supreme Court may
declare laws unconstitutional. Congress consists of two houses: the
Senate and the House of Representatives, and can override a
Presidential veto with a 2/3 vote in both houses.
The Checks and Balances System also provides the branches
with some power to appoint or remove members from the other
branches. Congress can impeach and convict the president for high
crimes, like treason or bribery. The House of Representatives has the
power to bring impeachment charges against the President; the Senate
has the power to convict and remove the President from office. In
addition, Supreme Court candidates are appointed by the President and
are confirmed by the Senate. Judges can be removed from office by
impeachment in the House of Representatives and conviction in the
Senate. In this way, the system provides a measure, in addition to
invalidating laws, for each branch to check the others.

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16.2 MONTESQUIEU AND SEPARATION OF POWER
16.2.1 MEANING OF SEPARATION OF POWER:
Understanding that a government's role is to protect individual
rights, but acknowledging that governments have historically been the
major violators of these rights, a number of measures have been derived
to reduce this likelihood. The concept of Separation of Powers is one
such measure. The premise behind the Separation of Powers is that
when a single person or group has a large amount of power, they can
become dangerous to citizens. The Separation of Power is a method of
removing the amount of power in any group's hands, making it more
difficult to abuse.
It is generally accepted that there are three main categories of
governmental functions-a) legislative b) executive, and c) judicial.
Likewise, there are three main organs of the Government in a State-a)
Legislature, b) Executive and c) Judiciary. According to the theory of
separation of powers, these three powers and functions of the
Government must, in a free democracy, always be kept separate and be
exercised by three separate organs of the Government. Thus, legislature
cannot exercise legislative or judicial power; the Executive cannot
exercise legislative or judicial and the Judiciary cannot exercise
legislative or executive power of the Government.
16.2.2 MONTESQUIEU’S DOCTRINE:
Though the doctrine of Separation of Power is traceable to
Aristotle but the writings of Locke and Montesquieu gave it a base on
which modern attempts to distinguish between legislative, executive and
judicial power is grounded. Locke distinguished between what he called
as Discontinuous legislative power, Continuous executive power and
Federative power.
He included within ‘discontinuous legislative power’ the general
rule making power called into action from time to time and not
continuously. ‘Continuous executive power’ included all those powers
which we now call executive and judicial. By ‘federative power’ he meant
the power of conducting foreign affairs. Montesquieu, a French scholar,
found that concentration of power in one person or a group of persons
results in tyranny. And therefore for decentralization of power to check
arbitrariness, he felt the need for vesting the governmental power in
three different organs, the legislature, the executive, and the judiciary.
The principle implies that each organ should be independent of the other
and that no organ should perform functions that belong to the other.

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16.3 CONSTITUTIONAL STATUS OF SEPARATION OF POWERS
IN USA
16.3.1 DOCTRINE IN USA:

The doctrine of Separation of Powers forms the foundation on

which the whole structure of the Constitution is based. It has been
accepted and strictly adopted in U.S.A. Article I; Section 1 vests all
legislative powers in the Congress. Article II; Section 1 vest all executive
powers in the President and Article III; Section 1 vests all judicial powers
in the Supreme Court. Jefferson quoted, “The concentration of
legislative, executive and judicial powers in the same hands in precisely
the definition of despotic Government. On the basis of this theory, the
Supreme Courts was not given power to decide political questions so
that there was not interference in the exercise of power of the executive
branch of government. Also overriding power of judicial review is not
given to the Supreme Court. The President interferes with the exercise
of powers by the Congress through his veto power. He also exercises
the law-making power in exercise of his treaty-making power. He also
interferes in the functioning of the Supreme Court by appointing judges.
16.3.2 LEGISLATIVE POWER:
Congress has the sole power to legislate for the United States.
Under the non-delegation doctrine, Congress may not delegate its law
making responsibilities to any other agency. In this vein, the Supreme
Court held in the 1998 case Clinton v. City of New York that Congress
could not delegate a "line-item veto" to the President, by which he was
empowered to selectively nullify certain provisions of a bill before signing
it. The Constitution Article I, Section 8; says to give all the power to
Congress. Congress has the exclusive power to legislate, to make laws
and in addition to the enumerated powers it has all other powers vested
in the government by the Constitution. Where Congress does not make
great and sweeping delegations of its authority, the Supreme Court has
been less stringent. One of the earliest cases involving the exact limits of
non-delegation was Wayman v. Southard (1825). Congress had
delegated to the courts the power to prescribe judicial procedure; it was
contended that Congress had thereby unconstitutionally clothed the
judiciary with legislative powers.
16.3.3 EXECUTIVE POWER:

Executive power is vested, with exceptions and qualifications, in

the president by Article II, Section 1, of the Constitution. By law the
president becomes the Commander in Chief of the Army and Navy,

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Militia of several states when called into service, has power to make
treaties and appointments to office "...with the Advice and Consent of the
Senate" receive Ambassadors and Public Ministers, and "...take care
that the laws be faithfully executed" (Section 3.) By using these words,
the Constitution does not require the president to personally enforce the
law; rather, officers subordinate to the president may perform such
duties. The Constitution empowers the president to ensure the faithful
execution of the laws made by Congress. Congress may itself terminate
such appointments, by impeachment, and restrict the president. The
president's responsibility is to execute whatever instructions he is given
by the Congress.
16.3.4 JUDICIAL POWER:

Judicial power decides cases and controversies that are vested in the
Supreme Court and inferior courts established by Congress. The judges
must be appointed by the president with the advice and consent of the
Senate, hold office for life and receive compensations that may not be
diminished during their continuance in office. If a court's judges do not
have such attributes, the court may not exercise the judicial power of the
United States. Courts exercising the judicial power are called
"constitutional courts." Congress may establish "legislative courts,"
which do not take the form of judicial agencies or commissions, whose
members do not have the same security of tenure or compensation as
the constitutional court judges. Legislative courts may not exercise the
judicial power of the United States. In Murray's Lessee v. Hoboken Land
& Improvement Co.(1856), the Supreme Court held that a legislative
court may not decide "a suit at the common law, or in equity, or
admiralty," as such a suit is inherently judicial. Legislative courts may
only adjudicate "public rights. Even though of above all, Separation of
Powers is not accepted in America in its strict sense, only it has
attracted the makers of most modern Constitution, especially during 19th
Century.
16.4 LEADING CASE LAWS
In a leading case, Marbury v. Madison, Marbury v. Madison is a
landmark case in United States law. It formed the basis for the exercise
of judicial review in the United States under Article III of the Constitution.
This case resulted from a petition to the Supreme Court by William
Marbury, who had been appointed by President John Adams as Justice
of the Peace in the District of Columbia but whose commission was not
subsequently delivered. Marbury petitioned the Supreme Court to force
Secretary of State James Madison to deliver the documents, but the

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court, with John Marshall as Chief Justice, denied Marbury's petition,
holding that the part of the statute upon which he based his claim, the
Judiciary Act of 1789, was unconstitutional. Marbury v. Madison was the
first time the Supreme Court declared something "unconstitutional", and
established the concept of judicial review in the U.S.A. The landmark
decision helped define the "checks and balances" of the American form
of government.
LET US SUM UP
The Modern State has transformed from Police State to Welfare State.
Earlier the State functions were confined to defence, administration of
justice or maintenance of law and order. With the gradual change in
time, state undertook the responsibility to provide social security and
social welfare for the common man, regulate industry, and tradeetc.with
a view to protecting as well as promoting public interest. Thus with such
a workload it is not possible for the State to stick to the doctrine of
Separation of powers. Theory of Separation of power cannot be
practically possible in reality.
CHECK YOUR PROGRESS

1. Courts exercising the judicial power are called

"_______________________".
2. The concentration of legislative, executive and judicial powers in
the same hands in precisely the definition of ____________
Government.
3. The doctrine of Separation of Power is traceable to ____________
and _______.
4. Separation of Powers in the United States is associated with the
____________________ system.
GLOSSARY

Constitution : A body of fundamental principles or established

precedents according to which a state or other
Organization is acknowledged to be governed.
Power : Capacity or ability to direct or influence.
Convict : Declare someone to be guilty of criminal offence
by the verdict.

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ANSWERS TO CHECK YOUR PROGRESS
1. Constitutional courts.
2. Despotic.
3. Aristotle and Plato.
4. Checks and Balances.
MODEL QUESTIONS

1. Describe the meaning and origin of Separation of Powers.

2. Explain the concept of Montesquieu’s Doctrine of Separation of
Powers.
3. Bring out the Constitutional Status of Separation of Powers in USA.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

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UNIT - 17

CHECKS AND BALANCES

STRUCTURE
Overview
Learning Objectives
17.1 Checks and Balances
17.2 Separation of Powers
17.3 US System of Checks and Balances
17.4 Checks and Balances Examples
17.5 Checks and Balances in Action
17.6 Roosevelt and US Supreme Court
17.7 War Powers Act and Presidential Veto
17.8 State of Emergency
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

The system of checks and balances in government was developed to

ensure that no one branch of government would become too powerful.
This unit describes the concept of Separation of Powers in USA. The
framers of the U.S. Constitution built a system that divides power
between the three branches of the U.S. government and includes
various limits and controls on the powers of each branch. In this unit, we
will study about the check and balance system in USA.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Know the meaning of Checks and Balances.
 Understand the US System of Checks and Balances in Action.
 Explain the meaning and concept of Separation of Powers.

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17.1 CHECKS AND BALANCES
The Constitution divided the Government into three branches:
legislative, executive, and judicial. That was an important decision
because it gave specific powers to each branch and set up something
called checks and balances. Just like the phrase sounds, the point of
checks and balances was to make sure no one branch would be able to
control too much power, and it created a separation of powers. Here are
some examples of how the different branches work together:
 The legislative branch makes laws, but the President in the
executive branch can veto those laws with a Presidential Veto.
 The legislative branch makes laws, but the judicial branch can
declare those laws unconstitutional.
 The executive branch, through the Federal agencies, has
responsibility for day-to-day enforcement and administration of
Federal laws. These Federal departments and agencies have
missions and responsibilities that vary widely, from environmental
protection to protecting the Nation’s borders.
 The President in the executive branch can veto a law, but the
legislative branch can override that veto with enough votes.
 The legislative branch has the power to approve Presidential
nominations, control the budget, and can impeach the President
and remove him or her from office.
 The executive branch can declare Executive Orders, which are like
proclamations that carry the force of law, but the judicial branch
can declare those acts unconstitutional.
 The judicial branch interprets laws, but the President nominates
Supreme Court justices, court of appeals judges, and district court
judges who make the evaluations.
 The judicial branch interprets laws, but the Senate in the legislative
branch confirms the President’s nominations for judicial positions,
and Congress can impeach any of those judges and remove them
from office.
17.2 SEPARATION OF POWERS

The idea that a just and fair government must divide power between
various branches did not originate at the Constitutional Convention,
but has deep philosophical and historical roots. In his analysis of the
government of Ancient Rome, the Greek statesman and historian

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Polybius identified it as a “mixed” regime with three branches: monarchy
(the consul, or chief magistrate), aristocracy (the Senate) and
democracy (the people). These concepts greatly influenced later ideas
about separation of powers being crucial to a well-functioning
government.
17.3 THE U.S. SYSTEM OF CHECKS AND BALANCES

Building on the ideas of Polybius, Montesquieu, William

Blackstone, John Locke and other philosophers and political scientists
over the centuries, the framers of the U.S. Constitution divided the
powers and responsibilities of the new federal government among three
branches: the legislative branch, the executive branch and
the judicial branch. In addition to this separation of powers, the framers
built a system of checks and balances designed to guard against tyranny
by ensuring that no branch would grab too much power.
“If men were angels, no government would be necessary,” James
Madison wrote in the Federalist Papers, of the necessity for checks
and balances. “In framing a government which is to be administered by
men over men, the great difficulty is this: You must first enable the
government to control the governed; and in the next place, oblige it to
control itself.”
17.4 CHECKS AND BALANCES EXAMPLES

 Checks and balances operate throughout the U.S. government, as

each branch exercises certain powers that can be checked by the
powers given to the other two branches.
 The president (head of the executive branch) serves as commander
in chief of the military forces, but Congress (legislative branch)
appropriates funds for the military and votes to declare war. In
addition, the Senate must ratify any peace treaties.
 Congress has the power of the purse, as it controls the money used
to fund any executive actions.
 The president nominates federal officials, but the Senate confirms
those nominations.
 Within the legislative branch, each house of Congress serves as a
check on possible abuses of power by the other. Both the House of
Representatives and the Senate have to pass a bill in the same
form for it to become law.
 Veto power. Once Congress has passed a bill, the president has
the power to veto that bill. In turn, Congress can override a regular
presidential veto by a two-thirds vote of both houses.

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 The Supreme Court and other federal courts (judicial branch) can
declare laws or presidential actions unconstitutional, in a process
known as judicial review.
 In turn, the president checks the judiciary through the power of
appointment, which can be used to change the direction of the
federal courts
 By passing amendments to the Constitution, Congress can
effectively check the decisions of the Supreme Court.
 Congress (considered the branch of government closest to the
people) can impeach both members of the executive and judicial
branches.
17.5 CHECKS AND BALANCES IN ACTION

The system of checks and balances has been tested numerous times
throughout the centuries since the Constitution was ratified. In
particular, the power of the executive branch has expanded greatly since
the 19th Century, disrupting the initial balance intended by the framers.
Presidential vetoes and congressional overrides of those vetoes tend to
fuel controversy, as do congressional rejections of presidential
appointments and judicial rulings against legislative or executive
actions.
Executive orders, official directives issued to federal agencies by the
president, are powers afforded to the executive branch that do not
require congressional approval. They are not directly provided for in the
U.S. Constitution, but rather implied by Article II, which states that the
president “shall take Care that the Laws be faithfully executed.”
Executive orders can only push through policy changes; they cannot
create new laws or appropriate funds from the United States
treasury. Overall, the system of checks and balances has functioned as
it was intended, ensuring that the three branches operate in balance with
one another.
17.6 ROOSEVELT AND THE SUPREME COURT
The checks and balances system withstood one of its greatest
challenges in 1937, thanks to an audacious attempt by Franklin D.
Roosevelt to pack the Supreme Court with liberal justices. After winning
re-elections to his second term in office by a huge margin in 1936, FDR
nonetheless faced the possibility that judicial review would undo many of
his major policy achievements. From 1935-36, a conservative majority
on the Court struck down more significant acts of Congress than any
other time in U.S. history, including a key piece of the National Recovery
Administration, the center piece of FDR’s New Deal.

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17.7 THE WAR POWERS ACT AND PRESIDENTIAL VETO
The United States Congress passed the War Powers Act on
November 7, 1973, overriding an earlier veto by President Richard M.
Nixon, who called it an “unconstitutional and dangerous” check on his
duties as commander-in-chief of the military. The act was created in the
wake of the Korean War and during the Vietnam War and stipulates that
the president has to consult Congress when deploying American troops.
If after 60 days the legislature does not authorize the use of U.S. forces
or provide a declaration of war, soldiers must be sent home.
The War Powers Act was put forth by the legislature to check the
mounting war powers exercised by the White House. After all,
President Harry S. Truman had committed U.S. troops to the Korean
War as part of a United Nations “police action.”
Presidents Kennedy, Johnson and Nixon each escalated the
undeclared conflict during the Vietnam War. Controversy over the War
Powers Act continued after its passage. President Ronald
Reagan deployed military personnel to El Salvador in 1981 without
consulting or submitting a report to Congress. President Bill
Clinton continued a bombing campaign in Kosovo beyond the 60-day
time in 1999. And in 2011, President Barack Obama initiated a military
action in Libya without congressional authorization. In 1995, the U.S.
House of Representatives voted on an amendment that would have
repealed many of the Act’s components. It was narrowly defeated.
17.8 STATE OF EMERGENCY

The first state of emergency was declared by President Harry

Truman on December 16, 1950 during the Korean War. Congress did
not pass The National Emergencies Act until 1976, formally granting
congress checks on the power of the president to declare National
Emergencies. Created in the wake of the Watergate scandal, the
National Emergencies Act included several limits on presidential power,
including having states of emergency lapse after a year unless they are
renewed.
Presidents have declared almost 60 national emergencies since
1976, and can claim emergency powers over everything from land use
and the military to public health. They can only be stopped if both
houses of the U.S. government vote to veto it or if the matter is brought
to the courts. More recent declarations include President Donald
Trump’s February 15, 2019 State of Emergency to obtain funding for a
border wall with Mexico.

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LET US SUM UP
It is rightly said by Madison that, “The accumulation of all powers,
legislative, executive and judicial, in the same hands of one, a few or
many, and whether hereditary, self-appointed or elective, may justly be
pronounced the very definition of tyranny”. From this it can be concluded
that the doctrine of separation of powers in the strict sense is
undesirable and impracticable and therefore till now it has not been fully
accepted in any of the country. In theory under the Constitution of United
States of America the doctrine of separation of power has been strictly
adopted but there also gradually the Supreme Court is relaxing the
policy.
CHECK YOUR PROGRESS
1. Once Congress has passed a bill, the president has the
__________ to that bill.
2. The United States Congress passed the _________ Act on Nov 7,
1973.
3. In 1995, the U.S. _________________ voted on an amendment
that would have repealed many of the Act’s components.
4. The first state of emergency was declared by President Harry
Truman on December 16, 1950 during the________________.
GLOSSARY
Policy : A course or principle of action adopted or
proposed.
Amendment : A minor change or addition designed to improve
a text, piece of legislation.
Enforcement : The act of compelling observance of or
compliance with a law, rule, or obligation.
ANSWERS TO CHECK YOUR PROGRESS
1. Veto power.
2. War Powers.
3. House of Representatives.
4. Korean War.

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MODEL QUESTIONS
1. Describe the meaning and origin of Separation of Powers.
2. Explain the US System of Checks and Balances.
3. Bring out the Constitutional Status of Checks and Balances in the
USA.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

163
UNIT - 18

PARTY SYSTEM IN USA

STRUCTURE
Overview
Learning Objectives
18.1 Political Party System in USA
18.2 Role of Political Parties in USA
18.3 Two-Party system - Reason
18.3.1 Electoral College
18.3.2 Other Barriers to Third Parties
18.3.3 Broad-Based Support
18.3.4 Decentralised Party Structures
18.3.5 Public Wariness
18.3.6 Third Parties & Independent Candidates
18.4 Two-Party System
18.5 Party System in USA
18.5.1 Democratic Party
18.5.2 Republican Party
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The legislature in USA is the Congress. It consists of two houses, the
Senate and the House of Representatives. Primary legislative power is
vested in the Congress. In the United States there are two major political
parties the Republican Party and the Democratic Party. Typically, a
political party is a political Organisation seeking to influence government
policy by nominating its own select candidates to hold seats in political
office, via the process of electoral campaigning. Parties often espouse

164
an expressed ideology or vision, bolstered by a written platform with
specific goals that form a coalition among disparate interests.In this unit
we are going to study about the central legislature in USA, the
Congress. In addition you shall also study about the political parties in
USA.
LEARNING OBJECTIVES

After studying this unit, you should be able to

 Know the Party system in USA.
 Discuss the powers and functions of both the houses of congress.
 Describe the bi-party system in USA.
18.1 POLITICAL PARTY SYSTEM IN USA
The type of electoral system is a major factor in determining the
type of party political system. In countries with a simple plurality voting
system there can be as few as two parties elected in any given
jurisdiction. In countries that have a proportional representation voting
system, as exists throughout Europe, or a preferential voting system,
such as in Australia or Ireland, three or more parties are often elected to
parliament in significant proportions, allowing more access to public
office. In a nonpartisan system, no official political parties exist,
sometimes due to legal restrictions on political parties. In nonpartisan
elections, each candidate is eligible for office on his or her own merits. In
nonpartisan legislatures, no formal party alignments within the
legislature are common.
Political parties, still called factions by some, are lobbied vigorously by
Organisations, businesses and special interest groups such as trades
unions. Money and gifts in kind to a party, or its leading members, may
be offered as incentives. Such donations are the traditional source of
funding for all right of center cadre parties. In the late 19th century, these
parties faced opposition by the newly founded left of center workers’
parties, who formed a new party type the mass membership party and a
new source of political fundraising membership dues.
18.2 ROLE OF POLITICAL PARTIES IN USA
When the Founders of the American Republic drafted and ratified
the U.S. Constitution, they did not envision a role for political parties.
Indeed, they sought through various constitutional arrangements such
as separation of powers among the executive, legislative and judicial
branches; federalism; and indirect election of the president by an
Electoral College to insulate the new republic from parties and factions.

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Today, the Republican and Democratic parties both of them heirs to
predecessor parties from the 18th and 19th centuries dominate the
political process. With rare exceptions, the two major parties control the
presidency, the Congress, the governorships and the state legislatures.
For instance, every president since 1852 has been either a Republican
or a Democrat, and in the post-World War II era, the two major parties’
share of the popular vote for president has averaged close to 95
percent. Rarely do any of the 50 states elect a governor who is not a
Democrat or a Republican. The number of independent or third-party
members of Congress or of state legislatures is extremely low.
18.3 TWO-PARTY SYSTEM - REASON
As noted, Republicans and Democrats have dominated electoral
politics since the 1860s. This unrivalled record of the same two parties
continuously controlling a nation’s electoral politics reflects structural
aspects of the American political system as well as special features of
the parties. The standard arrangement for electing national and state
legislators in the United States is the “single-member” district system,
wherein the candidate who receives a plurality of the vote wins the
election. Although a few states require a majority of votes for election,
most officeholders can be elected with a simple plurality.
Unlike proportional systems popular in many democracies, the
single member district arrangement permits only one party to win in any
given district. The single-member system thus creates incentives to form
broadly based national parties with sufficient management skills,
financial resources and popular appeal to win legislative district
pluralities all over the country. Under this system, minor and third-party
candidates are disadvantaged. Parties with minimal financial resources
and popular backing tend not to win any representation at all. Thus, it is
hard for new parties to achieve a viable degree of proportional
representation, and achieve national clout, due to the “winner-take-all”
structure of the U.S. electoral system. Why two instead of, say, three
well-financed national parties? In part because two parties are seen to
offer the voters sufficient choice, in part because Americans historically
have disliked political extremes and in part because both parties are
open to new ideas.
18.3.1 THE ELECTORAL COLLEGE:

There is a further impetus toward the two-party solution, and that is the
Electoral College system for choosing presidents. Under the Electoral
College system, Americans, technically, do not vote directly for the
president and vice president. Instead, they vote within each state for a

166
group of “electors” who are pledged to one or another presidential
candidate. The number of electors corresponds to the number in a
state’s congressional delegation, i.e., the number of representatives and
senators from that state. Election to the presidency requires an absolute
majority of the 538 electoral votes.
18.3.2 OTHER BARRIERS TO THIRD PARTIES:

America’s distinctive nominating process is an additional structural

barrier to third parties. Among the world’s democracies, the United
States is unique in its overwhelming reliance on primary elections to
nominate partisan candidates for presidential, congressional and state
offices. As noted, under this type of nominating system, rank-and-file
voters in a primary election select their party’s nominee for the general
election. In most nations, partisan nominations are controlled by the
party Organisations and their leaders. But in the United States, it is now
usually the voters who make the ultimate determination of whom the
Republican and Democratic nominees will be.
18.3.3 BROAD-BASED SUPPORT:
The Republican and Democratic parties both seek broad based support,
and tend to draw voters from across economic classes and demographic
groups. With the exception of African-American and Jewish voters the
vast majority of who usually vote for the Democratic presidential
candidate both parties draw significant levels of support from virtually
every major socioeconomic group in society. The parties also exhibit
flexibility with respect to policy positions and do not generally enforce a
strict adherence to an ideology or a set of policy goals. Rather, they
have traditionally been concerned first and foremost with winning
elections and controlling the elective branches of government.
18.3.4 DECENTRALISED PARTY STRUCTURES:
In addition to being ideologically flexible, the two main American parties
are characterized by a decentralized structure. Once in office, a
president cannot assume that his party’s members in Congress will be
loyal supporters of his favored initiatives, nor can party leaders in
Congress expect straight party-line voting from members of their party.
The Democratic and Republican congressional caucuses are
autonomous, and may pursue policies that are in opposition to the
president, even if the president is from the same party. Party fundraising
for elections is similarly separated, as the Republican and Democratic
congressional and senatorial campaign committees operate
independently from the national party committees that tend to be

167
oriented to the presidential election. In addition, except for asserting
authority over procedures for selecting delegates to national nominating
conventions, national party Organisations rarely meddle in state party
affairs.
18.3.5 PUBLIC WARINESS:
In spite of the long and impressive evidence of organized partisanship
within the American political system, one ingrained component of
American civic culture has been increasing distrust of political parties.
The adoption and growth of the primary system for nominating
congressional and state candidates is testimony to a populist, or even
anti-party, sentiment within the public. Modern Americans are skeptical
about the leaders of their party Organisations exercising great power
over their government. Public opinion polls consistently reveal that large
proportions of the population believe that the parties sometimes do more
to confuse the issues than clarify them and that it would be better if there
were no party labels on the ballot.
18.3.6 THIRD PARTIES AND INDEPENDENT CANDIDATES:
Third- parties and independent candidates, despite the obstacles
discussed previously, have been a periodic feature of American politics.
Often they have brought societal problems that the major parties had
failed to confront to the forefront of public discourse and onto the
governmental agenda. But most third parties have tended to flourish for
a single election and then die, fade away or be absorbed into one of the
major parties. Since the 1850s, only one new party, the Republican
Party, has emerged to achieve major party status. In that instance, there
was a compelling moral issue slavery dividing the nation. It provided the
basis for candidate recruitment and voter mobilization.
There is evidence that third parties can have a major impact on
election outcomes. For example, Theodore Roosevelt’s third-party
candidacy in 1912 split the normal Republican vote and enabled
Democrat Woodrow Wilson to be elected with less than a majority of the
popular vote. In 1992, H. Ross Perot’s independent candidacy attracted
voters who, in the main, had been voting Republican in the 1980s, and
thereby contributed to the defeat of the incumbent Republican president,
George H.W. Bush. In the extremely close 2000 contest between
Republican George W. Bush and Democrat Al Gore, it is possible that
had Green Party candidate Ralph Nader not been on the ballot in
Florida, Gore might have won that state’s electoral votes and thereby the
presidency.

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18.4 TWO-PARTY SYSTEM
Two-party system, political system in which the electorate gives
its votes largely to only two major parties and in which one or the other
party can win a majority in the legislature. The United States is the
classic example of a nation with a two-party system. The contrasts
between two-party and multiparty systems are often exaggerated. Within
each major party in the United States, the Republicans and the
Democrats, many factions are struggling for power. The presence of
divergent interests under a single party canopy masks a process of
struggle and compromise that under a multiparty system is out in the
open.
The two-party system moderates the animosities of political
strife. To appeal for the support of a majority of voters, a party must
present a program sympathetic to the desires of most of the politically
active elements of the population. In the formulation of such a program
an effort must be made to reconcile the conflicting interests of different
sectors of the population. This enables the party, if expedient, to resist
demands that it commit itself without reservation to the policies urged by
any particular extremist element. In effect, the party is a coalition for the
purpose of campaigning for office. In Great Britain
and Canada differences in program and in composition between the two
major parties have been perhaps greater than in the United States.
18.5 PARTY SYSTEM IN USA
In the United States there are two major political parties, the
Republican Party and the Democratic Party. There have been a few
minor third parties in American history from time to time and some of
them have left an imprint on the country’s political system. But they have
never been powerful enough to challenge the supremacy of the two
great parties. An interesting feature of the American party system is that
if the programme of a third party begins to attract popular support, one of
the two major parties adopts it, “thus stealing thunder of the third party
and rejuvenating the old one.”
The party Organisation throughout the U.S.A. is more or less
uniform. The foundation of the party structure is the primary in the
smallest electoral area, town, county, city or ward as the case might be.
The primary is a meeting of all qualified party voters in the area. It elects
local party office-bearers, chooses delegates to party convention for a
larger electoral area, such as, a city convention. The large electoral area
has a party convention. It consists of delegates from primaries, not of all
qualified voters. It selects party office-bearers for the area of its

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jurisdiction, chooses delegates for state conventions and appoints a
Committee for party work in the area. Finally, each party has its national
convention. It mostly consists of delegates from state conventions. It
selects the party candidate for the Presidency, approves party manifesto
or programme and sets up a national committee to organize the
Presidential campaign. Recently the intermediate conventions have
been abolished in some states. The district primary elects not only the
local party committee and candidates for local elections. It also chooses
candidates for state offices. The national convention continues to exist.
The main features of the American party system may be
summarized as follows: (1) It is a two-party system. (2) There are no
sharp ideological differences between the parties. Consequently, the
country is free from the divisive effect of a multiparty system. All the
sectional interests and pressure groups are accommodated within the
two all-inclusive parties. (3) The American parties do not have rigid
discipline and centralized Organisation as the British parties. The central
leadership of any party is not as powerful as in Britain. Local and state
level leaders of the parties enjoy great influence and prestige.
18.5.1 DEMOCRATIC PARTY:
Politics without parties is like the body without the head. The
term ‘democracy’ has come to stay as a rule by political parties. The two
are so inextricably intertwined that one cannot be separated from the
other. The close contact between democracy and political parties comes
to the limelight only when the functions performed by the parties are
analysed. In the United States there are two major political parties the
Republican Party and the Democratic Party. There have been a few
minor third parties also. Further there are no sharp ideological
differences between the parties.
A history of the evolution of the political parties in the United
States shows that the Democratic Party is about a century and a half old
and has a longer continuous existence. It was established under the
leadership of Thomas Jefferson during the administration of President
Washington. At first, its name was Anti-Federalists, and then it became
Republican, then Democratic Republican, till in 1828 it assumed the
name that prevails till now. In earliest days, it supported the cause of the
states against central governments tendency of usurpation and
encroachment and advocated the cause of the farmers and planters,
against those who were engaged in industry and commerce.

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 In 1800, it came into power when Jefferson became the
President and enjoyed a virtual monopoly of authority till 1840 with slight
break of four years (1824 – 28). When the issue of the abolition of
slavery increasingly dominated the American politics, the two parties
alternated in office till in 1860 President Lincoln pushed the Democrats
into the background for their staunch opposition to the cause of Negro
freedom. However, its fortunes were rehabilitated in 1884 with the
election of President Cleveland. This party has enjoyed periods of power
under great Presidents like Woodrow Wilson, Franklin D. Roosevelt,
Truman, J.F. Kennedy, Johnson, Jimmy Carter and Clinton.
18.5.2 REPUBLICAN PARTY:
The Republican Party is the successor of the Federalist party of
Hamilton. The Federalists had won the battle against their opponents in
making the central government strong and getting the constitution
ratified by the coolies. But in 1812 there was a split. The section of the
dissenters first assumed the name of National Republica and then of the
Whigs. Under the present name it was founded in 1854. Two years after,
it nominated John C. Fermont as the candidate for the Presidency and
took a strong stand for the abolition of slavery. It achieved outstanding
success in the election of 1860 when it nominee (Lincoln) proposed the
abolition of slavery and favoured internal improvement including a
satisfactory homestead measure for farmers and liberal wages for
working men and machines. From 1860 to 1913, it controlled the
executive administration with the single exception of 8 years (1884-92)
under President Cleveland. This party has remained in power during the
great presidencies of Lincoln, Theodore Roosevelt, Eischower, Nixon,
Reagon, Bush and George W. Bush.
LET US SUM UP
From this above, it is clear that party system has an extra constitutional
growth in the United States. The rise and growth of the two parties has
led to the stabilization of a bi-party system there. Legislature in USA is
the Congress. It is a bicameral body consisting of the Senate and the
House of Representatives. The Senate represents the states; it is the
most powerful second chamber in the world. The House of
Representatives represent the popular chamber. In USA Democracy is
successful due to the party system. The two parties in USA, which play a
major role, are the Democratic and Republican Parties.

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CHECK YOUR PROGRESS
1. Name the bi-party system in USA.
2. Name two Republican Party Presidents.
3. Theodore Roosevelt’s third-party candidacy in ______ split the
normal Republican vote and enabled Democrat Woodrow Wilson.
GLOSSARY

Lobbying : Communicating directly or soliciting others to

communicate to officials.
Electoral : Relating to elections or electors.
Democrat : In US, the member of Democratic Party.
Ideology : System of ideas which forms basis for theory or
policy.
ANSWERS TO CHECK YOUR PROGRESS
1. Democratic and Republican Party.
2. George W. Bush & Regan.
3. 1912.
MODEL QUESTIONS
1. Discuss the two-party system in USA.
2. Describe the Party system in USA.
3. Compare the party system in UK and USA.
4. Describe the political party system in USA.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

172
 Block IV
French Administrative System

Unit - 19 Salient features of the Constitution

Unit - 20 President of the Republic
Unit - 21 Prime Minister- Parliament- law making Procedure
Unit - 22 Judiciary and Administrative Law
Unit - 23 Party System and Public Services

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UNIT - 19

SALIENT FEATURES OF THE CONSTITUTION

STRUCTURE
Overview
Learning Objectives
19.1 Features of the French Constitution
19.2 Features of the French Administrative System
19.2.1 Supremacy of the state
19.2.2 Highly centralized administration
19.2.3 Wide scope for activity
19.2.4 Administrative structure
19.2.5 The position of civil services
19.2.6 The control system
19.2.7 Issue of decrees and their limitations
19.2.8 The system of administrative law
19.3 Comparison of Administrative System
19.4 Salient Features of French Government under the Fifth
Republic
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
Before the French Revolution that began in 1789, France was an
absolute monarchy. The Revolution put an end to absolute monarchy
and swept away the feudal privileges of the nobles. The constitution -of
the fifth republic provides for a strong president. It combines the
elements of both parliamentary and presidential system. The President
is the head of the government as well as the head of the state. In 1958,
France witnessed a grave and very critical situation. On June 1st 1958,

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the Fourth Republic came to an end. The National Assembly handed
over its law-making power to Gen. De Gaulle and adjourned.
Constitution making was one of the functions that had been assigned to
De Gaulle’s Government by the French Parliament. In this unit, we shall
study the features of the French Constitution and the French
Administrative system.
LEARNING OBJECTIVES
After learning this unit, you should be able to
 Understand the salient features of the French constitution.
 Identify the features of the French Administrative System.
 Analyse the Administrative System of England and France.
19.1 FEATURES OF THE FRENCH CONSTITUTION
A Written Constitution:
The Constitution of the Fifth Republic is a written document;
consisting of 92 Article’s divided into 15 titles and extended to some 15
printed pages. As a document, it is not a well written. It is as one French
writer Rene Capital says, “The worst drafted text in our constitutional
history”. It is so partly because it was drafted in a hurry under conditions
of national emergency and also because it was drafted under Gen. de
Gaulle’s inspiration, which had no clear notion of good government
except that it must be strong and authoritarian.
A Rigid Document:
The French Constitution is rigid in nature as it follows
extraordinary methods for amendment. Under Article-89 two methods
are adopted. One, the President can put the amendment proposal to
both the Houses of the Parliament. If the ‘Parliament passes it by 2/5th
or 315th majority it becomes law. Second, the President of the Republic
on the proposal of Prime Minister can put amendment before the
Parliament or deputies themselves can introduce any bill of amendment.
It the proposed amendment is approved by simple majority, the
President- can put it before people at referendum, if the people by
majority approve the amendment; it becomes the part of the constitution.
Mixture of Parliamentary and Presidential System:

The French constitution combines the elements of both the

Parliamentary and Presidential systems. The Council of Ministers is
responsible to the National Assembly. The Assembly may question the
responsibility of government by a motion of censure. When the National
Assembly adopts a motion of censure or when it disapproves the

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programme or a declaration of general policy of the government, the
premier must submit the resignation of the government to the President.
On the other hand, it is the President who is both the head of State and
head of Government. He possesses important legislative financial and
judicial powers. He presides over the meetings of the Council of
Ministers and meetings of Defence Committee. He is the commander of
the armed forces. He can dissolve the National Assembly. Under Article-
16 he has been given emergency powers that make him a virtual
dictator.
Strong Presidency:
The constitution provides for a strong President. The position of
the President under the previous Republics was weak. He neither
reigned nor ruled. But the present position of the President is quite
strong. He presides over the meetings of the Council of Ministers and
signs decrees and ordinances decided upon by the council. He is the
Supreme Commander of the armed forces and presides over the higher
councils and committees of national defence. He can dissolve the
National Assembly. He can assume special powers in an emergency.
Bicameral Legislature:
The constitution has established a bicameral legislature. There
are two chambers of Parliament, the National Assembly which is the
lower House consisting of 577 deputies who are directly elected for 5
years term and the Senate which is the upper House, the total strength
of which is 283 elected indirectly by “grand electors” for a period of 9
years retiring 1/3rd every after. 3 years. The Parliament is no longer a
supreme body and is placed under superior authority of President of the
Republic by depriving of many of its powers. However, the Parliament
has regained much of its powers, after the departure of Gen. de Gaulle,
the father of the constitution from the political scene.
Constitutional Council:

The constitution provides for Constitutional Council. It consists of

9 members, who are appointed for the non-renewable term of 9 Nears.
Three of them are appointed by President of the Republic, 3 by the
President of the National Assembly and 3 by the President of the
Senate. Its main functions are to ensure the regularity of election of
President of the Republic and to examine the validity of organic laws
before their promulgation. It also settles the disputes between the
legislature and the executive.

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The Economic and Social Council:
The constitution provides for the establishment of an economic
and social council whose function is to give its opinion on the
government bills, ordinances and decrees as well as on Parliamentary
bills submitted to it.
Referendum:

Another important feature is that the President of the Republic

can submit certain issues to the people at a referendum. Article-II of the
constitution provides that the President of the Republic on the proposals
of the government or on joint motion of the assemblies may submit any
bill dealing with the Organisation of the governmental authorities,
entailing approval of the community agreement or providing for
authorization to ratify a treaty that without being contrary to the
Constitution might affect the functioning of existing institution.
Multi-Party System:

In France, there is multi-party system. People have been given

the constitutional right to form political association or to join any such
association of his own choice. Article-4 of the constitution declares,
“Parties and political groups play a part in exercising the rights- to vote”.
The right to form parties and their freedom of action are unrestricted.
They must respect the principles of national sovereignty and of
democracy.
19.2 FEATURES OF THE FRENCH ADMINISTRATIVE
SYSTEM

The political culture of France has two important characteristics: (i)

there has been political instability for the last two centuries, but (ii) the
administrative system has remained comparatively stable. ‘The Republic
passes but the administration remains’, remarks Alfred Diamant. Since
1789, France has been constitutional monarchy three times; an empire
twice, a semi dictator ship once and five times a republic but the
administration has remained unaffected except for the change of loyalty.
It has functioned even in the absence of political direction. Ferrel Heady
has called this administrative system as classical. Some peculiar
features of this system are briefly discussed below:
19.2.1 SUPREMACY OF THE STATE:
In France supremacy of the state is established beyond any
doubt. The administration of the country is run on the basis of the
supremacy of law. The state decides administrative set up and

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administration remains under state control. The state decides service
conditions of public servants and all other related matters. The various
aspects of their employment are determined not as in the case of a
contract for ordinary work but unilaterally by the state in its role of
political sovereign.
19.2.2 HIGHLY CENTRALISED ADMINISTRATION:

The French administrative system is highly centralised,

conservative and much influenced by is past traditions. It has never
been prepared to transfer powers to local units. It is afraid of federalism
and this has affected the civil services for which such rules were framed
which apply throughout the country. Even the public servants in colonies
were governed by these rules, though they had to work in different
environments.
19.2.3 WIDE SCOPE FOR ACTIVITY:
There is no aspect of human life in which the French government does
not interfere. This has considerably increased the scope of
administrative activities in the country. France believes in interventionist
policy in individual affairs. The state has undertaken social service as
well as social security activities. This has made the administration multi-
dimensional.
19.2.4 ADMINISTRATIVE STRUCTURE:

The French administrative structure has three organs namely, the

Minister, the Prefect and the Government Enterprises.
(i) The Ministry: Ministries are the chief units of administration.
They perform both social welfare and economic activities. Although the
French administrative system believes in concentration of powers, only
about 5% of the civil servants of the country work in Ministries located at
Paris while the remaining perform field duties. Each Ministry has three
important organs viz. Cabinet, Direction, and Consultation and Control.
(a) Cabinet: Each Minister has a Cabinet which assists him in the
performance of his duties. The members of the cabinet are
appointed by the Minister and are accountable to him. These
members are either his political colleagues or otherwise closely
related to him. The cabinet performs three types of functions viz.
political, legislative and administrative. They also coordinate work
with other Ministries. They can advise the Minister but cannot
force him to accept that.

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 (b) Direction: It is the most important unit of Ministry. It is headed by
a Director who is a senior civil servant. He represents the
Minister before Parliamentary Committees and has direct access
to him. He controls and supervises the work of his field agencies.
He is authorized to sign decrees issued by the Ministry. The
Direction is free from external interference in its functions.
(c) Consultative Councils: There are certain Consultative Councils
which advise Ministries. The councils help in formulating
administrative policies of the department. The number of such
councils and their Organisation depends on the nature of work of
the Department. Their members include experts and
representatives of various interest groups. The councils
associated with Economic and Social Ministries have members
from trade and agriculture Organisations and representatives of
the chamber of Commerce. They are consulted when necessary.
(d) Court of Accounts: There are certain Organisations which
watch economic activities and exercise financial control. Each
Ministry has such agencies. Overall financial control is exercised
by Court of Accounts which is an independent body. Its members
hold office lifelong. The court audits the accounts of all
government departments and those bodies which are engaged in
social security work. It publishes its annual report for the
information of the public.
(ii) The Prefect: France is not a federal country and there is no clear
division of subjects between central government and local units. Each
department has a prefect who represents central government at local
level and performs his duties on its behalf. Prefects are controlled by
Interior Ministry. Each one is required to supervise the working of central
government projects in his area and to coordinate their activities. It also
functions as the Chief Administrative officer of the Department and
supervises the work of local government. In fact he is the representative
of the central government at the local level and reports to the central
government about political tendencies and expectations of the people of
his area. He also clarifies doubts raised by the local people about orders
issued by the central government.
(iii) The Government Enterprises: The government has taken over
many enterprises after the World War II. Each enterprise has its own
system of management and as such there is no uniformity in the
management of government enterprises. The reason is that all
enterprises were not nationalized by the same Ministry or during the

179
government of the same party. Therefore, managements have the
impact of the ideology of the political party which nationalized the
enterprises. But they form an important part of the administrative
structure of the country.
19.2.5 THE POSITION OF CIVIL SERVICES:
Unstable governments in France have increased the importance
and influence of civil services. There is permanency in civil services.
Every public servant considers himself a servant of the state and not that
of any political party. Public servants are guaranteed security of service.
Their tenure is lifelong. They enjoy great prestige and have become
public officers in place of public servants. There is considerable
uniformity in service conditions and the influence of policies on public
services has considerably come down.
19.2.6 THE CONTROL SYSTEM:
The French administrative system has two types of controls as
External and internal. External control is exercised by legislature and
judiciary whereas internal controls are exercised by specified units. The
legislative control that is the control of political bosses however has not
been very effective because of political instability in the country. Internal
controls are more effective than external controls. In France, a small
group of public servants holding high position control administration. It
exercises both legislative and judicial powers. For finding out the
success or failure of control system, narrow financial and legal standards
are adopted. Staff agencies try to control line agencies.
19.2.7 ISSUE OF DECREES AND THEIR LIMITATIONS:
The system of decrees has considerably increased administrative
authority and discretion of civil servants. Here each Minister has been
empowered to enact laws concerning his department. They also issue
orders which have the force of law and are an integral part of
administrative activities. Many orders and acts have several technical
aspects which need clarification and elucidation. This task is performed
by the executive and circulars clarifying these orders are issued. They
have the force of law and are technically called decrees.
19.2.8 THE SYSTEM OF ADMINISTRATIVE LAW:
The system of administrative law has an important place in the political
system of France. It is a body of rules which have been devised by
French executive for regulating the relations of the state to its citizens. In
the country, there are two sets of courts and two different systems of

180
laws. A case of conflict between private citizens is taken to advisory
court and dealt with under ordinary law of the land but when there is a
conflict between an ordinary citizen and a governmental official in his
official capacity, it is dealt by special courts known as administrative
courts and special set of rules known as administrative law.
19.3 COMPARISON OF ADMINISTRATIVE SYSTEM

Both England and France have their own administrative systems which
have been modified from time to time. These systems have been in
practice for a long time and have their own peculiar features which we
have already discussed earlier. They have some points of similarity and
dissimilarity as well. In both the countries administration plays an
important role in the formulation and expectation of policies. They take
an active part in law making process as well as in the implementation of
laws. In both the country’s civil servants are depositories of knowledge
on the basis of which they provide information and advice to political
bosses. In both the countries the continuity of administration is not
disrupted even during political upheavals. Both the countries have a set
recruitment procedure and candidates are recruited mainly on the basis
of merit. In both the country’s civil servants enjoy security of job and
besides salaries get chances of promotion and growth.
19.4 SALIENT FEATURES OF FRENCH GOVERNMENT UNDER
FIFTH REPUBLIC
1. Provisions for securing the Stability of Government:
A serious attempt has been made to eliminate or at least to minimize the
evil of political instability. While no attempt has been made to reduce or
fix the number of political parties that can be organised, several steps
have been taken to limit their functions to the sphere of Law-making and
deliberations by the legislature and thereby to ensure the political
stability of the Government.
2. Mixture of Presidential and Parliamentary features:

In the organisation of the Government a middle way has been adopted.

The Parliamentary system of government and the Presidential system of
government have been mixed. Like the Presidential system, the
President has been given real powers, a fixed tenure and an
independence from parliamentary control. Like the parliamentary system
of government, the office of the Prime Minister and the Council of
Ministers has also been established and the two have been made
responsible to the Parliament. The Parliament can remove the
Government by passing a vote of no-confidence. But the membership of

181
the Government has been made incompatible with the membership of
the Parliament. At the same time, the ministers have been allowed to
take part in the debates of the Parliament.
3. Difference between the Council of Ministers and the Cabinet:
The Constitution makes a difference between the Council of Ministers
and the Cabinet. Cabinet is a bigger body & Council of Ministers is its
part.
(i) The Constitution states that “the President shall preside over the
meetings of the Council of Ministers and the Prime Minister can do so
only on the behest of the President.” However, the Prime Minister
presides over the meetings of the Cabinet as a matter of right. These
two provisions clearly reflect the subtle difference between the Council
of Ministers and the Cabinet.
(ii) Unlike the practice in Britain and India, where the Cabinet is a smaller
body within the full Council of Ministers, in France, the Council of
Ministers is smaller and the Cabinet is the bigger body. The former
includes the President, the Prime Minister and all the cabinet ministers.
The latter includes the Prime Minister and all other ministers whether of
cabinet rank or state ministers or deputy ministers.
(iii) In the actual practice of the Government, the Cabinet is less powerful
than the Council of Ministers. It is the Council of Ministers and not the
Cabinet which discusses matters of national policy and decides about
the issue of seeking a vote of confidence or of dissolving the National
Assembly.
(iv) The President and not the Prime Minister is the real leader of the
Government.
4. Process of Organizing the Government:

Article 8 of the Constitution declares: “The President of the Republic

appoints the Prime Minister. The other members of the Government are
appointed by the President on the proposal of the Prime Minister.” In
other words, the making of the Government in France is not much
different from the system which prevails in India. One thing, however,
must be noted that it is not obligatory for the French President to appoint
the leader of the majority party in the Parliament as the Prime Minister.
He can appoint any person as Prime Minister who, he believes, can
enjoy the confidence of the Parliament.

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5. Removal of the Government:
The President can remove the Government only when the Prime
Minister submits his resignation or the resignation of his Government to
the President. The Parliament too can bring about the fall of the
Government by passing a vote of no-confidence or a censure motion or
by rejecting that measure of the Government on the passing of which the
Prime Minister has pledged the responsibility of the Government.
6. Tenure of the Government:
Like every other parliamentary system, the tenure of the Government of
France is not fixed. The Government remains in power so long as it
enjoys the confidence of the National Assembly. However, the maximum
period for which a Government once constituted, can remain in power is
five years because this is the tenure of the National Assembly and the
Constitution states that after each general election, the Government is
constituted afresh. Every new National Assembly leads to the creation of
a new Government.
LET US SUM UP
French constitution is written and rigid. The declaration of the rights of
man and the citizens adopted by the National Assembly in 1789 has
been reaffirmed. Basic democratic principles have been adopted. The
constitution provides for a strong presidency. The constitution provides
for a strong presidency. It is a mixture of parliamentary and presidential
systems. Unstable governments in France have increased the
importance and influence of civil services. There is permanency in civil
services.
CHECK YOUR PROGRESS
1. The Constitution of the Fifth Republic is a written document;
consisting of ____ Article’s.
2. The French constitution combines the elements of both the
_______________ and ______________ systems.
3. The Republic passes but the administration remains’, remarks
made by __________________.
4. The President can remove the Government only when the
____________________ submits his resignation.

183
GLOSSARY
Referendum : Referring a political issue to a general vote by all
the people of the country for a decision.
Decree : Formal order.
ANSWERS TO CHECK YOUR PROGRESS
1. 92.
2. Parliamentary and Presidential.
3. Alfred Diamant.
4. Prime Minister.
MODEL QUESTIONS
1. Bring out the salient features of the French constitution.
2. Analyse the important features of the French Administrative
System.
3. Compare the Administrative system of England and France.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

184
UNIT - 20

PRESIDENT OF THE REPUBLIC

STRUCTURE
Overview
Learning Objectives
20.1 Introduction
20.2 Constitution
20.3 Government
20.4 The Fifth Republic
20.5 Powers and Function of the French President
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

Fifth Republic, system of government in France from 1958.

Under the constitution crafted by Charles de Gaulle with the help
of Michel Debré, executive power was increased at the expense of
the National Assembly. In 1959 de Gaulle was inaugurated as the first
president of the Fifth Republic, with Debré as his prime minister. In this
unit, we will discuss about the French government and president of
republic.
LEARNING OBJECTIVES
After studying this unit, you will be able to
 Know about the features of fifth republic of France.
 Describe the role of President of France.
 Discuss the powers and functions of the President.

185
20.1 INTRODUCTION
France is a republic; the institutions of governance of France are
defined by the Constitution, more specifically by the current constitution,
being that of the Fifth Republic. The Constitution has been modified
several times since the start of the Fifth Republic, most recently in July
2008, when the French "Congress" (A joint convention of the two
chambers of Parliament) approved - by 1 vote over the 60% majority
required - constitutional changes proposed by President Sarkozy.
The Fifth Republic: The fifth republic was established in 1958, and was
largely the work of General de Gaulle - its first president, and Michel
Debré his prime minister. It has been amended 17 times. Though the
French constitution is parliamentary, it gives relatively extensive powers
to the executive compared to other western democracies.
The executive branch: The head of state and head of the executive is
the President, elected by universal suffrage. The President of France, as
head of state and head of the executive, thus carries more power than
leaders of most other European countries, where the two functions are
separate (for example in the UK, the Monarch and the Prime minister, in
Germany the President and the Chancellor.)
Since May 2017, France's president is Emmanuel Macron, who
was elected to the post at age 39, the youngest French leader since
Napoleon. Originally, a president of the Fifth Republic was elected for a
7-year term (le septennat), renewable any number of times. Since 2002
the President has been elected for a 5-year term (le quinquennat). Since
the passing of the 2008 Constitutional reform, the maximum number of
terms a president can serve has been limited to two.
The President, who is also supreme commander of the military,
determines policy with the aid of his Council of Ministers (Conseil des
ministres). The residence of the President of the French Republic is the
Elysée Palace (le palais de l'Elysée) in Paris. The President appoints
a prime minister (currently - 2019 - Edouard Philippe), who forms
a government. The residence of the French Prime Minister is at
Matignon House (l'Hôtel Matignon) in Paris. In theory ministers are
chosen by the PM; in practice unless the President and the PM are from
different sides of the political spectrum (a system known as la
cohabitation), PM and president work together to form a government.
The President must approve the appointment of government ministers.
The cabinet, le Conseil des ministres, meets on a weekly basis, and is
presided over by the president.

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 Ministers determine policy and put new legislation before
Parliament in the form of bills (projets de loi); within the framework of
existing law, they apply policy through decrees (décrets).
20.2 THE CONSTITUTION
On 4th October 1958, the Constitution of the Fifth Republic was
enacted which is largely based on the principles set out by General de
Gaulle during his famous speech in Bayeux on 16th June 1946: the
accountability of the Government to the Parliament, made up of two
chambers, with a stronger parliamentary system, and the accountability
of the president of the Republic to the people.
20.3 THE GOVERNMENT
The Prime Minister is the Head of Government appointed by the
President of the Republic. He "directs the actions of the Government"
(article 21 of the Constitution) and in principle sets out the essential
political guidelines which, except in the case of cohabitation, are those of
the President of the Republic. He must also ensure the coordination of
Government action and prevent different ministers from taking
contradictory initiatives through his arbitration. He is not the hierarchical
superior of the other ministers. He may never force them to take a
decision which they are unwilling to take responsibility for, but he may
suggest their dismissal to the President in the event of serious
misconduct. This role of overseeing Government action is facilitated by
certain components: the Prime Minister, in the name of the Government,
"shall have at its disposal the civil service" (art. 20), internal services
located at the Hôtel Matignon (General Secretariat of the Government,
cabinet, etc.) and a large number of services assigned to it.
The Prime Minister ensures the implementation of laws and
exercises regulatory power, subject to the signature by the Head of
State of ordinances and decrees which have been deliberated upon in
the Council of Ministers. He may, in exceptional circumstances, replace
the President of the Republic as chairman of the Council of Ministers. He
is also responsible for national defence, even though the broad
guidelines are often set by the President of the Republic.
The ministers and ministers of state are appointed by the
President of the Republic upon a proposal of the Prime Minister. Their
powers are centred on two main missions. On the one hand, the
ministers head a ministerial department. In addition, ministers are
responsible for the supervision of public legal entities acting within their
ministerial department's field of competence. In principle, ministers do

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not hold regulatory power (that is the power to dictate general
standards), except in the administration over their own ministerial
department. Regulatory power is generally exercised by the Prime
Minister, who may delegate the exercise of this power to his ministers.
However, the latter must countersign the decrees of the President of the
Republic and the Prime Minister pertaining to the areas falling within
their competence.
On the other hand, ministers are entrusted with a political
mission. Their primary role is one of impetus and implementation of
Government policy. Participation in political life was traditionally part of
their activities under the Third and Fourth Republics. Now, with the
exception of election periods during which the ministers are enlisted, the
political aspect of their activity is limited to the Council of Ministers and
Parliament where discussion is opened up on a particular aspect of
Government activity.
20.4 THE FIFTH REPUBLIC
The Fifth Republic was formed in response to a military rebellion
in Algeria, in May 1958, which was directed more against the policies of
the government in Paris than against the regime. Facing a protracted
nationalist insurrection across the Mediterranean, the army wanted
guarantees that Algeria would remain French, while opinion in France
favoured a negotiated peace. The Fourth Republic could no longer
command respect for authority and a crisis was avoided only by the
appointment of General de Gaulle as Premier, on the understanding he
would present a new constitution to the electorate for approval. The
constitution of the Fifth Republic provided for a strong President whose
powers, however, were shared with a Prime Minister answerable to a
majority in the National Assembly.
Unlike its predecessors, the Fifth Republic has provided
governmental stability and continuity of policy, notwithstanding the
student and labour unrest in May 1968, the strains of cohabitation, and
the economic problems of the 1970s. While the popularity of political
leaders and governments has fluctuated widely, France's present
institutions have enjoyed legitimacy unprecedented since the Revolution.
The domestic consensus on foreign policy, forged by de Gaulle, survives
to the present, with remarkably few modifications. There is little sign of
the immobilise associated with the two previous regimes as
governments have moved to tackle some of the country's most
intractable problems. The Fifth Republic has seen the consolidation and
completion of the Common Market, the modernization of French

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agriculture, industrial reform and economic liberalization, administrative
decentralization, and significant changes in the educational system.
20.5 POWERS & FUNCTIONS OF FRENCH PRESIDENT
20.5.1 FRENCH PRESIDENT AS A CONSTITUTIONAL HEAD OF
STATE:
The French president performs all those functions, which are
usually performed by a constitutional head of a State. He appoints the
Prime Minister and terminates his functions when the latter presents his
resignation of government. He performs all ceremonial functions. He
presides over the meetings of the Council of Ministers, National Defence
Council, Higher Council of Judiciary, and the Executive Council: of the
Community. He is also the supreme commander of the armed: forces.
His power to preside over the meetings of the Council of Ministers
provides him the direct opportunity to influence, guide, direct and control
of the policies of the government.
20.5.2 EXECUTIVE POWERS:
The President appoints Prime Minister and the other members of the
government are appointed and dismissed by him on the advice of the
Prime Minister. Unlike the practice prevailing in other countries, it is not
obligatory for the President to appoint leader of the majority party as the
Prime Minister. Membership of government and the office of Prime
Minister are incompatible with the membership of the Parliament. The
President appoints only that person as Prime Minister who he believes
can enjoy the confidence of the National Assembly. Almost all high
officials both civil and military are appointed by him. He is the Supreme
Commands of the armed forces and is responsible for the defence of his
country. As a head of State and head of Government he is responsible
for broad policy guidelines and often for their execution. Matters of War
and Peace, Foreign Policy and preservation of governmental actions are
some of his important execution functions.
20.5.3 LEGISLATIVE POWERS:
Under Articles-10, 11, 12 and 13, the President of the Republic has been
vested the legislative powers has the power to convene or prorogue
sessions of the Parliament. He has also the right to address the
Parliament on his discretion and to express his opinion rather than that
of the government. He can send messages to the Parliament. After the
final passage of the law by the Parliament, it is presented to the
government. The President promulgates the law within the 15 days
following its submission to the government. If he is not satisfied with the

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law, he can return it to the Parliament for reconsideration. The President
cannot refuse reconsideration of the bill. The President of the Republic
can submit to a Referendum any Government bill dealing with the
Organisation of public authorities approving a community agreement or
the authorization to ratify a treaty that might affect the functioning of the
institution. If the measure is approved by the people, the President has
to promulgate it within 15 days.
20.5.3 JUDICIAL POWERS:
The President has the power to grant pardon, reprieve and amnesty to
offenders. He is the protector of the independence of judicial authority
He is assisted by the Higher Council of Judiciary. This council is
presided over by the President. Its 9 members are appointed by him.
20.5.4 EMERGENCY POWERS:
The President has been given special powers for dealing with national
emergencies. Article-16 of the constitution states the scope of this
power. After consulting officially the Prime Minister, the Presidents of the
assemblies and the Constitutional Council, he can take suitable
measures when there exists a series and immediate threat to
1. The institutions of the Republic.
2. The independence of the nation and
3. The integrity of its international obligations and the regular
functioning of the constitutional public authorities have been
interrupted.
20.5.5 FINANCIAL POWERS:

The annual budget is prepared by the Finance. Minister but under the
policy directives of the President and puts it before the Parliament for
approval. If Parliament fails to approve it within 70 days, the Government
may implement it through ordinance. Such ordinance will be signed by
the French President.
LET US SUM UP

The head of state and head of the executive is the President, elected by
universal suffrage. The President of France, as head of state and head
of the executive. Thus carries more power than leaders of most other
European countries were the two functions are separate (for example in
the UK, the Monarch and the Prime minister, in Germany the President
and the Chancellor).

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CHECK YOUR PROGRESS
1. In 1959,__________ was inaugurated as the first president of the
Fifth Republic.
2. The head of state and head of the executive is the President,
elected by __________________.
3. Military policies with the aid of council of ministers were determined
by _________________.
4. The President promulgates the law within the ____ days following
its submission to the government.
GLOSSARY
Habeas Corpus : To produce a person before a magistrate within
24 hours.
Republic : Supreme power is held by the people and their
elected representatives
Accountability : Condition of being responsible
Regulatory Power : Powers used by government agencies to ensure
individuals comply with legislative requirements
Obligations : Course of action which is legally bound.
ANSWER TO CHECK YOUR PROGRESS
1. De Gaulle.
2. Universal suffrage.
3. The president.
4. 15.
MODEL QUESTIONS

1. Describe the main features of the French Fifth Republic.

2. Give and account of the President of the Republic.
3. Discuss the powers and functions of the French President.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

191
UNIT - 21

PRIME MINISTER – PARLIAMENT – LAW MAKING PROCEDURE

STRUCTURE
Overview
Learning Objectives
21.1 Executive Branch – Powers & Functions
21.1.1 Political Executive
21.1.2 Position and Powers of the Prime Minister
21.1.3 The French Council of Ministers
21.1.4 Comparative Perspective of Executives in USA, UK &
France
21.2 Legislative Branch – Powers & Functions
21.2.1 Parliament of France
21.2.2 Law Making Procedure
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
The President is both the head of the Government as well as the head of
the state. He occupies the most important position in the governmental
system of France. In some aspects he resembles the President of the
U.S.A. and in some the Prime Minister of England. As the constitution
combines the elements of both Parliamentary and Presidential system
there is a Prime Minister in France. The Parliament of the Fifth Republic
is a Bicameral legislative consisting of the National Assembly and the
Senate. The upper House is the Senate and the Lower House is the
National Assembly. The two chambers have equal powers except that
the budget originates in the National Assembly. In this unit, we will study
in detail about the law making procedure in French administration.

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LEARNING OBJECTIVES
After studying this unit, you will be able to
 Describe the powers and functions of the President.
 Explain the powers and functions of the Prime Minister.
 Analyze the law making procedure in France.
21.1 EXECUTIVE BRANCH – POWERS AND FUNCTIONS
21.1.1 POLITICAL EXECUTIVE:
The French executive is possibly the strongest executive. The
French President makes all major policy decisions. Today France has
Fifth Republic. During the Third and Fourth Republics, the President was
only a constitutional head of the State and the real executive powers
were wielded by the Cabinet. He did not enjoy as much power as the
British Monarch. Drastic changes have been made in his role during the
Fifth Republic. More powers are now vested in him. Mendes France has
said that the Constitution makes the President a non-hereditary monarch
with powers to make himself a legal dictator. He is symbol of the unity of
the country and also head of administration.
Qualification and Election of the President:

The Constitution of Fifth Republic does not prescribe any qualifications

for the office of the President except that he should be above 18 years of
age. The President is indirectly elected by an electoral college consisting
of:
(a) All members of French Parliament
(b) Members of General Councils of Assemblies of Overseas
territories; and
(c) Representatives of Municipal Councils.
The President holds office for a period of seven years and is entitled to
re-election. He can be removed only by an impeachment which is not an
easy affair. But he is free to resign his position whenever he likes. So far
no President has been removed through impeachment.
Powers of the President:
The Powers of the President have been discussed in Articles 5 to 19 of
the French Constitution. He gets his powers from three sources namely,
provisions of the Constitution, national and international situations and
personality of the President. He has been given vast powers in
executive, legislative and judicial spheres some of which he exercises

193
independently while some others in consultation with the Prime Minister.
He also has certain emergency powers.
Executive Powers:

(i) He appoints the Prime Minister and other Ministers.

(ii) He presides over the meetings of the Council of Ministers and thus
plays an important role in taking all decisions by it.
(iii) He appoints civil and military officers
(iv) He appoints one-third members of the Constitutional Council.
(v) He also appoints ambassadors and envoys extra-ordinary to
foreign countries. Foreign ambassadors and envoys are accredited
to him.
(vi) He is the Commander of the armed forces and presides over the
higher councils and committees of national defense. He negotiates
and ratifies international treaties.
Legislative Powers:

(i) Every Bill must be assented by him before it becomes an act.

(ii) He promulgates the laws within fifteen days following the
transmission to the government of the finally adopted law..
(iii) He can also submit to a referendum of the people a Bill concerning
the Organisation of public power. When the referendum decides to
favour the Bill, the President promulgates it within fifteen days.
(iv) After consultation with the Prime Minister and the Presidents of the
National Assembly and Senate, he can dissolve the National
Assembly. However, the Assembly cannot be dissolved twice in a
year or during emergency.
(v) The President signs all ordinances and decrees decided upon in
the Council of Ministers.
(vi) He can send messages to both the Houses of the French
Parliament, which are only to be read and not to be debated. He
can also call a special session of the Parliament for this purpose.
Judicial Powers:
(i) He protects the independence of the Judiciary.
(ii) He has the right to pardon.
(iii) He presides over the meetings of the Judicial Council and appoints
nine members of the council.

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Emergency Powers:
(i) He can declare emergency under the following conditions :
(a) if there is grave danger to the Republican form of government; or
(b) if he is assured that the integrity of the territory is in danger; or
(c) if the fulfillment of international commitments is threatened; or
(d) if there is grave and immediate danger to the regular functioning
of the constitutional machinery of the state.
(ii) Emergency can be declared by the President only after
consultations with the Prime Minister and the Presidents of the
National Assembly and the Senate as well as the Constitutional
Council.
(iii) He must inform the nation about these measures, immediately
through a message.
(iv) Session of the National Assembly can be called during the
Emergency but it cannot be dissolved.
21.1.2 POSITION AND POWERS OF PRIME MINISTER:
Under the Fourth Republic the Prime Minister was very powerful,
but now the President is in focus because he nominates the Council of
Ministers. The President exercises all his important powers through the
Prime Minister, who is the main advisor of the President. The President
declares emergency in consultation with him and seeks his advice for
the dissolution of National Assembly. Again it is in consultation with him
that the President constitutes the Council of Ministers and removes a
Minister from it.
Powers of the Prime Minister:
(i) He is the chief executive next to the President of the Republic.
Most of the powers of the President are enforced through him.
(ii) He presides over the meetings of the National Defense Council.
(iii) He advises the President at the time of the declaration of
emergency.
(iv) He also advises the President at the time of the dissolution of the
National Assembly.
(v) Under special circumstance he functions as the presiding officer of
Council of Ministers.

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(vi) The President appoints or removes Ministers on his
recommendation.
(vii) He is responsible for National Defense and can issue orders to the
Armed Forces of the state for this purpose.
(viii) He executes all the laws passed by the Parliament.
(ix) He appoints all the civil and military officers except those in Article
13 of the Constitution.
(x) He is not a member of the either House of the Parliament, but he
can address both the Houses and as chief spokesman of the
government has intimate connection with the Parliament.
21.1.3 THE FRENCH COUNCIL OF MINISTERS:
The Council of Ministers is another organ of political executive.
Under the Fifth Republic a Minister is of the choice of Prime Minister but
is appointed by the President. A person should not become politically
ambitious; therefore, about 50% of total Ministers of the Council are
taken from civil services. This makes administration very efficient
because Ministers have practical experience of administration.
Parliamentary and political party leaders are usually not appointed as
Ministers. While appointing Ministers the President and the Prime
Minister try to ensure that the Ministers will smoothly pull on with each
other and that there will be political stability in the country .Other criteria
for the selection of members is that they should be technical experts and
persons who have administrative expertise and can have close watch
over administrative departments. They should also have the capacity to
resist undue pressures of political parties.
21.1.4 COMPARATIVE PERSPECTIVE OF EXECUTIVES OF
USA, UK & FRANCE:

The President occupies the most important position in the

governmental system of France. In some respects he resembles the
President of the U.S. A. and in some the Prime Minister of England.
Comparison, with the American President:
The President of France is elected by direct suffrage. The U.S.
President is formally elected by an electoral college, but in actual
practice his election also has become direct. Both Presidents have a
fixed tenure, and cannot be removed except by the process of
impeachment. Both make civil and military appointments, nominate
ambassadors to foreign countries and receive foreign ambassadors.
Both preside over the Council of Ministers and issue ordinances. Both

196
are commanders of armed forces of their countries. Both are entitled to
send messages to Parliament and both have the right of pardon. Both
have the right to return a bill to Parliament for reconsideration.
Comparison with the British Prime Minister:
In several matters the position of the French President is superior
to that of the British Prime Minister. First, the French President is directly
elected by the entire electorate of the country, whereas the British Prime
Minister represents only one constituency. The tenure of the French
President is fixed. He is elected for seven years and cannot be removed
except by Impeachment. The British Prime Minister remains in office
only so long as he enjoys the support of the majority of the House of
Commons. Secondly, the French President is head of the State, as well
as of the Government. The British Prime Minister is only the head of the
Government. Thirdly, the French President appoints the Prime Minister,
whereas the British Prime Minister is appointed by the Queen. Fourthly,
the French President possesses vast emergency powers, whereas the
British Prime Minister enjoys no such powers. The French President is
the commander of the armed forces. In England this position is occupied
by the Queen. The French President promulgates the law. He can ask
Parliament for a reconsideration of the laws. The British Prime Minister
enjoys no such power.
21.2 LEGISLATIVE BRANCH – POWERS AND FUNCTIONS
21.2.1 PARLIAMENT OF FRANCE:
Parliament of the Fifth Republic is bicameral consisting of the
National Assembly and the Senate. The Senate is directly elected for a
term of nine years. The National Assembly is a representative chamber
elected for a term of five years by universal suffrage.
Organisation:
Parliament of the Fifth Republic is bicameral. It comprises the National
Assembly and the Senate. The Senate is elected directly for a term of
nine years, one-third of its members retiring after every three years. It
represents the territorial units of the Republic. French citizens living
outside France are represented in it. The National Assembly is a
representative chamber elected for a term of five years by universal
direct suffrage. But it can be dissolved earlier by the President of the
Republic. The President of the National Assembly is elected for the
duration of the legislature. The President of the Senate is elected after
each partial re-election of the Senate. Parliament convenes by right in
two ordinary sessions a year. It convenes an extraordinary session at

197
the request of the Prime Minister, or of the majority of the members
comprising the National Assembly, to consider a specific agenda. The
President has the right to send messages to Parliament.
Functions:
1. Legislative Functions of Parliament: Unlike the British
Parliament, the French Parliament is not a sovereign law-making body.
Its powers are limited. The subjects on which Parliament can make laws
have been enumerated in Article 34 of the constitution. After defining the
legislative scope of Parliament, Article 34 provides, “The provisions of
the present Article may be elaborated in detail and amplified by organic
law. A separate procedure for enacting organic law is laid down. Organic
laws can be promulgated only after a declaration by the Constitutional
Council on their constitutionality.” Apart from this rule-making power of
the executive, the Government may also with the permission of
Parliament, take over, for a limited period, responsibility for dealing with
matters that fall within the domain of law. Article 38 states, “The
Government may, in order to carry out its programme, asks Parliament
to authorize it, for a limited period, to take through ordinances measures
that are normally within the domain of law.”
2. Financial Powers: In financial matters also the French
Parliament does not enjoy supreme power. The procedure for enacting
financial measures is designed to prevent Parliament from using
delaying tactics. The finance bill is submitted by Government to
Parliament. Bills and amendments introduced by members of Parliament
cannot be considered when their adoption has a consequence either a
diminution of public financial resources or the creation or increase of
public expenditure. Article 47 prescribes the procedure for enacting the
finance bill. If the National Assembly does not complete the first reading
of the bill within a time limit of forty days the Government refers the bill to
the Senate which must rule within a time limit of fifteen days. If
Parliament fails to reach a decision within a time limit of seventy days
the provisions of the bill may be enforced by ordinance. If the finance bill
is not filed in time for it to be promulgated before the beginning of that
fiscal year, the Government requests Parliament for the authorization to
collect taxes, and makes available by decree the funds needed to meet
the Government commitments already voted.
3. Control of the Executive: Although the members of the
Government are not members of Parliament, they are responsible to it.
There are three methods of enforcing ministerial responsibility. First, the
Premier after deliberation by the Council of Ministers may pledge the

198
responsibility of Government to the National Assembly with regard to the
programme of the Government or with regard to a declaration of general
policy. Thus, the National Assembly can defeat the Government either
on its programme or general policy. Second, the National Assembly may
question the responsibility of the Government by the vote of a motion of
censure. Such a motion can be admissible only if it is signed by at least
one-tenth of the members of the National Assembly and is passed by a
majority of the members comprising the Assembly. Third, the Premier,
after deliberation by the Council of Ministers, may pledge the
Government’s responsibility to the National Assembly on the Vote of a
text. In this case the National Assembly can defeat the Government by
adopting a motion of censure filed in the succeeding 24 hours.
21.2.2 LAW-MAKING PROCEDURE:
The Premier and the members of Parliament alike have the right
to initiate legislation. An ordinary bill may be introduced in either House
of Parliament. Government bills are discussed in the Councilor Ministers
after consultation with the Council of State and filed with the Secretariat
of one of the two assemblies. Bills introduced by members of Parliament
are not considered when their adoption involves a decrease in public
financial resources or the creation or increase of public expenditure.
If it appears in the course of the legislative procedure that a
Parliamentary bill or an amendment is not within the domain of law, the
government may declare it inadmissible. In case of disagreement
between the Government and the President of the Assembly concerned,
the matter is referred to the Constitutional Council upon the request of
either party or the Council rules within a time limit of eight-days.
Government and Parliamentary bills are at the request of the
Government or of the Assembly concerned sent for study to committees
especially designated for this purpose.
Government and Parliamentary bills for which such a request has
not been made are sent to one or the permanent committees, the
number of which is limited to six in each assembly. Members of
Parliament and of the Government have the right of amendment. The
committee discusses the bill; it may adopt it, reject or amend it. The
committee, then, reports the bill to the assembly concerned. After the
opening of the debate in the House, the Government may oppose the
examination of any amendment which has not been previously
submitted to the committee.
If the Government so requests, the assembly concerned has to
decide by a single vote, on all or part of the text under discussion

199
retaining only the amendments proposed or accepted by the
Government. When the bill has been passed by the assembly
concerned, it is transmitted to the other assembly which follows the
same procedure. If the two assemblies agree on the same text, the bill is
sent to the President of the Republic for promulgation. The President
has no veto power. However, he can ask within fifteen days, for a
reconsideration of the bill or certain of its articles. The reconsideration
may not be refused.
LET US SUM UP

The President has a fixed tenure; he cannot be removed except by

impeachment. He possesses emergency powers. The Legislature in
France is called the Parliament. It consists of two houses. The upper
house is the senate and the lower house is the National Assembly. The
National Assembly is elected by direct suffrage for a term of five year.
The senate is elected by indirect suffrage for a term of nine years. There
is unity of Civil and Criminal justice in France. There are separate
administrative courts to handle cares & involving administrative authority
and the private citizens. In addition to the ordinary courts there are three
principal judicial organs the Constitutional Council, the High Council of
the judiciary and the High court of Justice.
CHECK YOUR PROGRESS

1. The Powers of the President have been discussed in Articles ____

to ____ of the French Constitution.
2. Who is the Commander of the armed forces and committees of
national defense?
3. _____________ presides over the meetings of the National
Defense Council
4. If the National Assembly does not complete the first reading of the
bill within a time limit of ______ days the Government refers the bill
to the Senate.
GLOSSARY
Ratification : make an agreement officially valid by signing it.
Cession : action of giving up one’s right especially land.
Bourgeois : property owing middle class.

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ANSWERS TO CHECK YOUR PROGRESS
1. 5 to 19.
2. The president.
3. The Prime Minister.
4. Forty.
MODEL QUESTIONS

1. Discuss the powers and position of the President of France?

2. Compare and contrast the French and American President and the
British Prime Minister.
3. Describe the composition and powers of the council of Ministers.
4. Describe critically the Organisational procedure and powers of the
Parliament of France.
5. Discuss the law-making procedure in the French Parliament.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House

201
UNIT - 22

JUDICIARY AND ADMINISTRATIVE LAW

STRUCTURE
Overview
Learning Objectives
22.1 Introduction
22.2 Meaning of Administrative Law
22.3 Features of Administrative Law
22.4 Features of Administrative Law in France
22.5 Development of Administrative Law in France
22.6 French System of Administrative Law
22.7 Judicial Branch – Powers & Functions
22.7.1 Main Features of Judiciary
22.7.2 Organisation of Judiciary
22.7.3 Administrative Courts
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW
In the French Judicial system there is unity of Civil and Criminal Justice.
A peculiar feature of the French Judicial system is that there are
separate Administrative Courts. Administrative law has become
extremely crucial in the developed society since the relationship of the
administrative authorities and the people has become complex. In order
to regulate these complexities some law is necessary, which can help
maintain regularity certainty and check misuse of powers vested in the
administration. Administrative has been characterized as the most
outstanding legal development of the 20thcentury. In this unit, we will
discuss in detail about the judicial system in French administration.

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LEARNING OBJECTIVES
After studying this unit, you will be able to
 Explain the features of Administrative Law.
 Discuss the French System of Administrative Law.
 Understand the Judicial branch of French government.
22.1 INTRODUCTION

In common and universally accepted usage, the concept of

Administrative Law has come to mean the whole body of laws relating to
public administration. According to Barhthelemy “Administrative Law is
the sum-total of the principles according to which the activity of the
services, other than judicial, concerned with the execution of law is
exercised. It is one of the two branches of Public Law, the other being
the Constitutional Law.” Constitutional Law lays down the organisation
and powers of the governmental machinery. In a broad sense,
Administrative Law relates to the organisation, powers, procedures,
personnel, finance and responsibility of all public authorities.
22.2 MEANING OF ADMINISTRATIVE LAW
French administrative law is known as Droit Administratif which
means a body of rules which determine the Organisation, powers and
duties of public administration and regulate the relation of the
administration with the citizen of the country. Droit Administrative does
not represent the rules and principles enacted by Parliament. It contains
the rules developed by administrative courts. Napoleon Bonaparte was
the founder of the Droit administrative. It was he who established the
Conseild’Etat. He passed an ordinance depriving the law courts of their
jurisdiction on administrative matters and another ordinance that such
matters could be determined only by the Conseild’Etat.
Waline, the French jurist, propounds three basic principles of Droit
administrative:
1. The power of administration to act suomotu and impose directly on
the subject the duty to obey its decision;
2. The power of the administration to take decisions and to execute
them suomotu may be exercised only within the ambit of law which
protects individual liberties against administrative arbitrariness;
3. The existence of a specialized administrative jurisdiction.

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Dicey’s formulation
1. Firstly the Administrative Law relates to that portion of a national
legal system which determines the legal status and liabilities of all
state officials.
2. Secondly, the rights and liabilities of private individuals in their
dealing with the public officials.
3. Thirdly, specifies the procedure by which those rights and liabilities
are enforced.
The American approach is significantly different from the early
English approach as it recognized Administrative Law as an independent
branch of Legal discipline. According to Davis the Administrative Law is
a law which concerns the power and procedures of administrative
agencies including especially the law governing judicial review of
administrative action. In contrast to the system of rule of law in England,
France has adopted the system of administrative law. Public Law is
divided into two types as administrative law and general law. Dicey
defines administrative law as a body of rules for the protection of officials
who have committed abuse of power against the citizens as Determines
the position of the State officials, The rights and liabilities of private
citizens in their dealings with those officials as representatives of the
State and the procedure by which these rights and liabilities are
enforced. This has resulted in two parallel systems of Courts-the
administrative courts and ordinary courts.
22.3 FEATURES OF ADMINISTRATIVE LAW

i. It relieves the public officials of the jurisdiction of ordinary courts

of their officials.
ii. Special tribunals are set up to try officials for their wrongful acts.
iii. It distinguishes official acts from personal acts.
iv. It regulates the relations of officials towards private citizens.
v. It lays down the method for granting redress to sufferers.
Merits of Administrative Law
i. It provides real and quick redress to the private citizens.
ii. Under it, the expenditure incurred by the individual is less.
iii. Judges will be able to give better judgments in general cases as
they concentrate on them.

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Defects of Administrative Law
i. It adopts rigid procedures.
ii. It ensures justice only in legal terms but not in moral terms;
iii. It fails to inspire public confidence.
The four basic bricks of the foundation of any Administrative Law may be
identified as:
1. The check, abuse or detourment of administrative power.
2. To ensure citizens an impartial determination of their disputes by
officials.
3. To protect them from unauthorized encroachment on their rights
and interests.
4. To make them those who exercise public power accountable to the
people.
Administrative Law primarily concerns itself with the official action which
may be:
1. Rulemaking action.
2. Rule decision action or adjudicatory action.
3. Rule application action.
An administrative action may be controlled by:
1. Courts exercising writ jurisdiction through the writs of habeas
corpus, mandamus, certiorari, prohibition and quo-warranto.
2. Courts exercising ordinary judicial powers through suits, injunctions
and declaratory actions.
3. Higher administrative authorities.
4. Public opinion and mass media in the 20th century is also an
important control on any administration which a student of
Administrative Law cannot lose sight of.
22.4 FEATURES OF ADMINISTRATIVE LAW IN FRANCE
French Droit Administratiff was formulated and explained by the English
jurist A.V. Dicey. He identified three distinguishing features of Droit
Administratiff:
(i) By this law, the rights of the state are determined by a special body
of law and rules which are not applicable to the ordinary citizens.

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(ii) The ordinary courts have no jurisdiction in cases in which the state
or state officials in their official capacity are a party. Such cases
are tried by administrative courts consisting of state officials
instead of judges.
(iii) As an inference, Dicey thought that a special protection is given to
officials in France for acts performed in their official capacities.
22.5 DEVELOPMENT OF ADMINISTRATIVE LAW IN FRANCE
The existence of an administrative authority (le droit
administratif) in France, separate and distinct from the civil law, dealing,
in the main, with the competence of the administrative authorities and
watching over the relations amongst themselves and with private
individuals, distinguishes fundamentally the administrative and legal
system of France from that of Anglo-Saxon countries.
A study of the history of French administrative law during the last
hundred years will show that its development has consisted principally in
the working out of remedies for the protection of private individuals
against the arbitrary and illegal conduct of the administrative authorities
and in the extension of the control of the administrative courts over the
acts of these latter authorities. It is somewhat analogous to the power of
American courts to refuse to enforce unconstitutional acts of the
legislature.
This control has gone through a very interesting process of
development. During the early years of the First Empire when the judicial
courts were, in large measure, the servile instruments of Napoleon, they
refused to entertain the plea of illegality as a bar to prosecution for the
violation of all acts of the administrative authorities, from the lowest to
the highest. In 1800, however, the court of cassation which three years
before had held that the inferior judges had no right to refuse to enforce
prefectural or municipal police ordinances on the ground of their
illegality, changed its opinion and ruled that they were not bound to
impose fines for the violation of such ordinances.
22.6 FRENCH SYSTEM OF ADMINISTRATIVE LAW
The French System of Administrative Law relates to the following:
(i) Position and responsibility of the Government officials.
(ii) Relations between the citizens and the officials of the state, their
rights and duties.
(iii) The method through which the Government officials can exercise
their rights and perform their duties and the people may know as to

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 what and to which extent these rights and duties are going to
influence their behaviour.
(iv) The officials of the state are governed by administrative law as
applied by administrative courts. The ordinary people are beyond
the scope of Administrative Law.
(v) In case of any dispute regarding the jurisdiction of Ordinary and
Administrative courts, the Court of Conflicts has the power to
resolve the dispute. The Council of State from the side of the
administrative courts and the Court of Cassation from the side of
the ordinary courts, send three representations each to the Court
of Conflicts. The Court of Conflicts takes the help of three other
members for resolving the disputes. The Minister of Justice is the
President of this court.
(vi) Administrative courts decide cases involving indiscipline or
misconduct on the part of officials.
Thus in France, a distinction is made between the officials and ordinary
citizens in respect of the securing of their rights and duties. However,
this does not involve any discrimination between ordinary citizens and
officials in the sphere of administration of justice.
22.7 JUDICIAL BRANCH – POWERS AND FUNCTIONS
22.7.1 MAIN FEATURES:

Unlike England and America where there are separate Civil and
Criminal Courts, the Civil and Criminal cases in France are decided by
the same Courts. In France distinction is made between the ordinary law
and administrative law. Consequently there are two separate sets of
Courts ordinary tribunals and administrative tribunals.
(1) Unity of Civil and Criminal Justice The first important feature
of the French judicial system is the unity of civil and criminal justice.
Unlike England and America where there are separate civil and criminal
courts, the civil and criminal cases in France are decided by the same
courts. The same judges sit in both courts. Similarly, public prosecutors
handle both civil and criminal cases. However, in the higher courts there
is a separation between the two branches. The higher courts are divided
into criminal and civil branches.
(2) No Circuit System: In France the courts except the Assize
courts are stationary. There is no circuit system. This is unlike England
and America where the system of circuit courts is an integral part of the
judicial system.

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(3) Collegian Courts: Unlike England where one judge constitutes a
court, in France the courts are collegial. No judgment is considered valid
unless concurred in by at least three of the judges constituting the
bench.
(4) Jury System not Universal: In France trial by jury is not
universal. Most French jurists regard the jury system as an Anglo-Saxon
superstition. However, in some courts the jury system exists.
(5) Administrative Courts: A peculiar feature of the French judicial
system is that there are separate Administrative Courts. The ordinary
courts deal with the cases in which private citizens are involved. The
Administrative Courts handle cases in which the administrative authority
and private citizens are parties.
(6) Absence of Habeas Corpus: There is no such thing as habeas
corpus in France. Article 66 of the constitution lays down briefly that no
person may be arbitrarily detained. It further provides that the judicial
authority, guardian of individual liberty, shall ensure respect for this
principle under the conditions stipulated by law.
(7) No Judicial Review: There is no judicial review in France. The
Court of Cassation (Supreme Court of Appeal) is the highest court. It has
no power to declare a law enacted by Parliament as unconstitutional.
The power to rule on the constitutionality of laws has been vested in the
Constitutional Council, which is not a court.
(8) Independence of Judiciary: “By and large”, observe Ogg and
Zink, “French Court and judges compare favorably in capacity, integrity,
independence and impartiality with those of any other country.” The
President of the Republic is the guarantor of the independence of the
judiciary. Article 64 of the constitution enjoins that Magistrates may not
be removed from office. The High Council of the Judiciary acts as a
disciplinary council for judges. Judges can be removed from office on
charges of misconduct only on the recommendation of the High Council.
22.7.2 ORGANISATION OF THE JUDICIARY:
The Constitution of the Fifth Republic established three principal
judicial organs in addition to the regular courts which will be described
later. In the first place there is the Constitutional Council. It consists of
nine members whose term of office lasts nine years. One-third of the
membership is renewed every three years. Three of the members are
appointed by the President of the Republic, three by the President of the
National Assembly and three by the President of the Senate. In addition
to the nine members mentioned above, former Presidents of the

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Republic are members ex officio for life of the Constitutional Council.
The President of the council is appointed by the President of the
Republic. He has the deciding vote in case of a tie.
1. The High Council of Judiciary: Article 64 of the constitution
provides that the President of the Republic shall be the guarantor
of the independence of the judicial authority. He is assisted by the
High Council of the Judiciary. He presides over the Council. The
Minister of Justice is the Vice-President ex officio of the Council.
The High Council includes, in addition, nine members appointed by
the President of the Republic.
2. The High Court of Justice: Article 67 of the constitution provides
for a High Court of Justice. It is composed of members of
Parliament elected, in equal number, by the National Assembly
and the Senate after general or partial election to these
assemblies. It elects its President from among its members. Under
Article 68 the President of the Republic is not accountable for
actions performed in the exercise of his office except in the case of
high treason. He may be indicted only by the two assemblies ruling
by identical vote in open balloting and by an absolute majority of
the numbers of the said assemblies. If indicted in the above
manner the President of the Republic is tried by the High Court of
Justice.
3. The Ordinary Court System The lowest court in France is the
tribunal d’ instance (the tribunal of first instance). There are 454
such tribunals. This tribunal consists of only one judge. He decides
minor civil and criminal cases. For important cases litigants go to
the tribunal d’ grande instance. There are 172 such tribunals. They
also hear appeals from the judgments of some of the specialized
courts. A tribunal d’ grande instance has three or more judges.
22.7.3 ADMINISTRATIVE COURTS:
Administrative Courts: As pointed out above, a peculiar feature of the
French judicial system is that there are separate administrative courts.
These courts administer what is known as administrative law.
Administrative law deals with the liability of the state and the municipal
bodies for the wrong done to private individuals or their property. It also
deals with rules relating to the validity of administrative decrees, the
modes of granting redress when public officials exceed their power
vested in them by law, the awarding of damages to private citizens for
injuries which are caused by the public servants and the distinction
between official and personal acts of the public servants. There are

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separate courts in France to decide suits brought by private individuals
against officials. There are twenty-three administrative tribunals. These
are the Courts of first instance for deciding cases involving
administrative law.
The French system of administrative law provides for special rules
governing the relationship between the citizen and the state. It is
characterized by the following features.
(i) It distinguishes the personal acts of public officials from their official
(i.e. administrative) acts.
(ii) It relieves public officials from the jurisdiction of ordinary courts for
acts performed in their official capacity.
(iii) It provides for a special tribunal to try officials when they are sued
by private citizens for their official wrongful acts, that is,
administrative faults.
(iv) It deals with citizens’ rights and liabilities vis a vis administration
and also lays down the procedure for enforcement of these rights
and liabilities.
(v) It awards compensation to citizens for injuries sustained by them at
the hands of administrative authorities.
On analysing and comparing we understand that the countries displayed
a similar trend with respect to development of administrative law.
Whether it’s a common law country like India or a civil law country like
France, the governments started out as police states which couldn’t care
less for the citizens to social welfare nations. Administrative law grew
leaps and bounds as functions of the state expanded and no law
contrary to rule of law or principles of natural justice were tolerated.
LET US SUM UP

Administrative law now develops in an ever expanding spectrum which

includes protecting civil rights and liberties, in the most noble and
traditional sense, implementing market regulations, social and economic
regulations and even more experimental fields such as environmental
law, biotechnologies and the information society. On all of these
grounds, the administrative judge is facing very sensitive debates in
terms of politics, economics and society. The judge must constantly
draw a balance between conflicting, though legitimate, rights and
preoccupations.

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CHECK YOUR PROGRESS
1. French Droit Administratiff was formulated and explained by the
English jurist___________.
2. The Court of Conflicts takes the help of ______ other members for
resolving the disputes.
3. In France distinction is made between the ________ law and
___________ law.
4. A peculiar feature of the French judicial system is that there are
separate ______________ courts.
GLOSSARY
Justice : fair and genuine treatment of everyone.
Legal : Permitted by law.
Arbitrary : random choice rather than any reason or system.
ANSWER TO CHECK YOUR PROGRESS
1. A.V. Dicey.
2. Three.
3. Ordinary and Administrative.
4. Administrative.
MODEL QUESTIONS
1. Discuss the development of French System of Administrative Law.
2. Explain the meaning and features of Administrative Law.
3. Analyse the features of Administrative Law in France.
4. Describe the main features and Organisation of the judicial system
of France.
SUGGESTED READINGS
1. R. Hague & M. Harrop (2000), Comparative Government and
Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L.Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

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UNIT - 23

PARTY SYSTEM AND PUBLIC SERVICES

STRUCTURE
Overview
Learning Objectives
23.1 Political Parties
23.1.1 The Communist Party
23.1.2 The Socialist Party
23.1.3 The Socialist Unified Party
23.1.4 The Gaullists
23.2 Main features of the French party system
23.3 Pressure Groups
23.4 French Civil Service
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

A detailed study of party politics in the political system of France has a

significance of its own. France in well known for having a multiplicity of
political parties. Like political parties it has got numerous pressure
groups. The civil servants in France enjoy a powerful position. France is
referred to as a ‘civil service state’ or ‘administrative state’. There is no
party of France that may be treated like the Conservative or Labour
party of the U.K. in respect of its political commitment. Likewise, there is
no party which may be identified with the Republican or Democratic
Party of the U.S.A. that all like vote mobilizations machines. The aim of
this unit is to explain the Organisation and functions of both the houses
of Parliament, political parties and the pressure groups.

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LEARNING OBJECTIVES
After going through this unit, you should be able to
 Discuss the multiparty system.
 Explain the pressure groups.
 Analyze the importance of French Civil Service.
23.1 POLITICAL PARTIES IN FRANCE

A detailed study of party politics in the political system of France

has a significance of its own. The French party system is unique in the
western world, and probably in the world as well. France is well known
for having a multiplicity of political parties. The political parties of France
are loosely organized and undisciplined. So, the reunion and re-
arrangements had become a normal feature of the statistical politics in
France. There is a lot of diversity in the organisation and attitudes of
France’s political parties. Party organisation varies from the disciplined
parties on the left, to the constantly changing right wing parties.
23.1.1 THE COMMUNIST PARTY:
France has a multi-party system. It was this system that was
responsible for the chronic instability of the Governments under the
Third and Fourth Republics. Between the close of World War II and
September 1957, France had twenty-two Governments, with an average
life of about 6½ months. Even today France has about a dozen parties
represented in the National Assembly. The important parties are the
Communist Party, the Unified Socialists (P.S.U.), the French Socialists
(S.F.I.O.), the Radical Socialists, the Democratic Centre, and the Union
of Democrats for the Fifth Republic, the Independent Radicals and the
Independents. An account of the important parties is given below.
The Communist Party is the best organized party in France. It
came into existence in 1920. Like the communist Parties all over the
world it followed, in all matters, the policies laid down by the Communist
International and the Communist Party of the Soviet Union. It played an
important role during the Second World War in the Resistance
Movement against the Germans. When the war was over, the party
rapidly gained strength and grew in numbers. Today, it is one of the
leading parties in the Country. The primary unit of the party is the cell. It
consists of three to thirty members. It elects a secretary or a bureau or
an executive committee. Above several cells there is a section
composed of delegates from the cells. Above the sections are
departmental federations consisting of delegates from the sections.

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 The highest body of the party is the National Congress. It
consists of delegates from departmental conferences. The Congress
elects a Central Committee which in turn chooses the Political Bureau
and the Secretariat. It is essentially a working-class party. It advocates
the abolition of capitalism and establishment of socialism by democratic
methods. It has renounced violence as a means of social transformation.
It no more believes in the dictatorship of the proletariat.
23.1.2 THE SOCIALIST PARTY:
The official name of the party is the French Section of the
Second International. Although it stands for socialism, it is not a working-
class party. It has failed to win the loyalty and support of the class-
conscious working masses of France. The socialists are defenders of
democratic republican institutions. In foreign policy they support the line
of the West European democratic countries. They are opposed to the
foreign policy of the Soviet Union. They are not hostile, to the NATO.
23.1.3 THE SOCIALIST UNIFIED PARTY:
The Unified Socialist party is a splinter group that separated from
the Socialists in 1958. It stands for socialism and democracy. It also
favours a regrouping of all the leftist parties. Its influence is limited. It is
almost disintegrating.
23.1.4 THE GAULLISTS:

Charles de Gaulle’s group was originally known as the Rally of

the French People. Its object was to replace the constitution of the
Fourth Republic by a new one. The long-drawn war in Algeria created a
critical situation. Civilian extremists and the French Army in AlgerIa
began to challenge the authority of the Fourth Republic. The crisis came
to a head in 1958. At this juncture general be Gaulle appeared on the
scene. He became first the Prime Minister under the Fourth Republic
and then the first President of the Fifth Republic. In the elections of 1958
under the new constitution the Gaullists emerged as the largest
parliamentary group. Since then they have been playing an important
role in French Politics.
23.2 MAIN FEATURES OF THE FRENCH PARTY SYSTEM

1. As pointed above, multiplicity of parties is an important feature of

the French party system. There have always existed more than a
dozen parties and groups in Parliament. It was this multiplicity of
parties that was responsible for the chronic instability of the
governments under the Third and Fourth Republics.

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2. French party politics is often both unrealistic and passionately
ideological. As Lowell remarks, a Frenchman “is inclined to pursue
an ideal striving to realize his conception of a perfect society, and
is reluctant to give up any part of it for the sake of attaining so
much as lies within his reach.” For the Frenchman, as Ogg puts it,
politics is a battle rather than a game.
3. Lack of discipline is another important feature of the French party
system. With the exception of the Communists, the French parties
lack sound Organisational structure. Revolutionary habits and
anarchical tendencies govern the behaviour of an average French
politician. He is reluctant to work as one of a team and sink his
personality in a larger agglomeration. He hates party discipline. He
is emotionally enthusiastic, with strong likes and dislikes. The
result is that the system is in a constant state of flux, parties are
born, and flourish and frequently either merge with others or simply
cease to exist.
4. The French party system is marked by deep class, religious and
regional antagonisms. Prolonged and bitter antagonism between
the church and the State has exercised tremendous influence on
the party system. The confrontation between a highly class-
conscious proletariat and a very conservative bourgeoisie
occasionally erupts in major political upheavals.
5. The French parties are elitist-cadre groups, top heavy in leaders.
For the most part, they do not possess a mass-membership base.
23.3 PRESSURE GROUPS
The role of pressure groups in the politics of France has an
importance of its own. France is known for its plural culture and free and
open society. It is the standing example for weak multiparty system. Like
political parties, the French have numerous pressure groups which have
their own characteristics. In France Pressure Groups exist in all walks of
life. Like their political parties they have a number of organised groups.
In France for each single interest there are many different associations-
from organised groups like the National Council of French Employers to
quite small ones giving sectional representation like National Council of
small and medium -sized business and there are some organisations
having purely academic character like the Confederation of the
Intellectual-Workers of France. The General Confederation of Labour is
the most important trade union in France.

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 We may categorise the interest groups in France into five types-
business and employers, labour and agrarian, intellectuals and students,
and army and veterans. The role of interest groups in France is quite
different from that of the United States and Britain. The pressure groups
not only play a very dominant role, but also a very irresponsible role
because the sectional interest “tends to take precedence over the
national interest”. Though the pressure groups are organized solidly,
they” are also so divided that they often fail to generate a common
strategy and action.”
23.4 FRENCH CIVIL SERVICE
History: France has been a land of a high degree of centralization with
concentration of powers in the hands of emperor. This gave rise to a
centralized administrative system in which the civil service enjoyed a
powerful position. Another feature of the French Society has been its
political instability for long periods. This also added to the powerful
position of the French Civil Service. Because of the powerful position
enjoyed by the civil servants, France has been referred to as a ‘civil
service state’ or ‘administrative’. France had the system of ‘Sale of
Offices’ for entry into the civil services. Thus, the vacant posts in
government were sold to the highest bidder in a public auction. Apart
from this system of sale of offices, there were two more methods of entry
into the civil service. The French Revolution of 1789 put an end to the
above systems and brought a fundamental change in the status of the
civil servant who was no longer the servant of the Crown but rather of
the state. This depersonalization of the stat facilitated the growth of
administrative law. The successive regimes introduced democratic and
legal-rational elements into the civil service system. However, till 1946
the French Civil Service did not emerge as a national institution and
remained a departmental institution. There was no central agency to
look after the various aspects of personnel administration.
The Reforms of 1946: The Civil Service Act of 1946 provided the
following measures to reform the existing civil service in France.
(i) Establishment of a central civil service directorate. It was to be
placed under direct control of the Prime Minister.
(ii) Unification of the structure of civil service.
(iii) The counter signature of the Prime Minister to be required on rules
pertaining to the civil service. Also, the counter signature of the
Finance Minister to be required if they have a financial implication.

216
(iv) The service conditions of civil servants to be set by the state which
can also change them unilaterally.
(v) The civil services to be divided into four categories-specialised
functions, non-specialised functions, functions of planning and
direction, and functions of application.
Due to the implementation of above measures, the French Civil Service
emerged as a national institution and lost its departmental character.
Recruitment: The merit system of recruitment occupies a strong
position in France. It lays a great emphasis on the formal written
examinations supplemented by interviews. The members of the highest
civil service class are selected through the Ecole Nationale d’
Administration (ENA). In addition to it, there are other specialised
schools that prepare graduates for the technical services like the Ecole
Poly technique for science and the Ecole Nationale des Impots for
finance. To sum up, the ENA in France is concerned with the
recruitment, pre-entry training and post-entry -training. Hence, there is
no such institution either in the UK, USA or India which can be
compared with the ENA of France.
Training: The French system of training is popular all over the world. In
fact, it serves as a model for training in many countries. The distinctive
features of the French system of training are:
(i) It is practical rather than theoretical. It emphasizes on making use
of practical problems as a means of imparting training to the civil
servants.
(ii) It is handled by the civil servants themselves. The new entrants to
civil service are trained by the senior civil servants, and not by the
academicians as in the case of other countries.
(iii) The civil servants receive training experience from the private
sector also.
(iv) The system of training instills both specialist and generalist skills.
(v) The training programme is of long duration. The total training
period is about three years and starts before recruitment.
In France, the higher administrative civil servants are trained at the
Ecole Nationale d’ Administration (ENA) which is a postgraduate college
for training. It provides 28-months’ training to the new entrants into the
civil service after which they are parcelled to the Grands Corps and to
the ministries.

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This 28-months’ training period consists of two stages.
(i) In the first stage, they are attached to the Prefecture for 11 months.
Here, they are given practical training under the supervision of the
Prefect. This is similar to the system of training of fresh ICS officers
during the British rule in India. After completing this training at the
Prefecture the trainees return to ENA.
(ii) In the second stage, the trainees are imparted practical training at
the ENA for 17 months by senior civil servants. During this training
programme at the ENA, they are attached to an industrial
establishment (generally in the private sector) for two-months’
period.
Promotion: A combination of both, the principle of merit and the
principle of seniority is adopted for promotion in the civil service. The
corps in France is divided into grades, classes and echelons. The scope
for promotion is limited as it is generally affected within the same corps.
The ENA prepares the list of candidates eligible for promotion and
submits it to an advisory committee. This committee consists of equal
number of representatives from both the sides-official and staff. It
approves the list prepared by ENA for promotion. It is also authorised to
settle the promotional disputes.
A civil servant in France can also be promoted to private organisations.
He can come back to his post after serving sometime in the private
agency. He retains his seniority but may lose his pension rights.
Pay and Service Conditions

(i) A rigid formula is used for the fixation of salary. It is governed by

the ‘General Grid System,” introduced in 1948. Under this system,
each post is given a fixed index number and the basic salary is
determined according to an index. However, this index is not
applicable to top civil servants, that is, ‘Horse Class’ officials. The
pay is controlled by the Ministry of Finance, and Personnel
Department.
(ii) Apart from the basic pay, the civil servants are also given various
allowances like cost of living allowance, family allowance,
additional work allowance, overtime allowance, travelling
allowance, technical premium, efficiency premium, and so on.
(iii) Under the provisions of the Act of 1959, the civil servants are given
the right to association. They also enjoy the right to associate with
trade unions to uphold their political ideologies.

218
(iv) Unlike the USA, France permits the right to strike to its civil
servants. This right is given by the Act of 1959 and should be used
only as a last resort of collective bargaining with the government.
(v) Unlike the USA and India, civil servants in France are free to
participate in political activities. They can join any political party
including the communist party. They can contest elections to any
representative office including the national legislature. After the
expiry of their term or in the event of resignation from
parliamentary seat, they can revert back to their position as civil
servants with promotion and pensionary rights intact. There is no
law to regulate their political activities but they are mentioned by
the Conseil d’ Etatthe highest administrative court in France.
(vi) The retirement age for civil service servants is fixed at 60 years.
They enjoy the usual pensioner benefits.
LET US SUM UP

France has a multi-party system. The important among them are the
communist party, unified socialist party, socialist party and Gaullists.
There are numerous pressure groups in France. Historically France has
been a land of a high degree of centralization of powers. This gave rise
to a centralized administrative system in which civil service enjoyed a
powerful position. Its political instability for long periods also added to
the powerful position of the French Civil Service.
CHECK YOUR PROGRESS
1. The members of the highest civil service class are selected
through the ________________________________________.
2. The Communist Party is the best organized party in France that
came into existence in _____.
3. The ______________ party is a splinter group that separated from
the Socialists in 1958.
4. The General Confederation of Labour is the most important
_____________ in France.

219
GLOSSARY
Communism : Political or economic system that seeks
to create a classless society.
Socialism : Political or economic system where the
state owns the means of production.
Recruitment : Process of hiring or finding candidates for
specific job.
Collective bargaining : Negotiation of wages and other
conditions of employees by an organised
body of employees.
ANSWER TO CHECK YOUR PROGRESS
1. Ecole Nationale d’ Administration (ENA).
2. 1920.
3. Unified Socialist.
4. Trade union.
MODEL QUESTIONS
1. Describe the Political Party System in France.
2. Describe the Organisation and programmes of the important
political parties in France.
3. Analyse the role of the civil service in France.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

220
 Block V
Comparative Local Governments

Unit - 24 Comparison of Local Governments – UK

– USA – France

221
UNIT - 24

COMPARISON OF LOCAL GOVERNMENTS – UK – USA – FRANCE

STRUCTURE
Overview
Learning Objectives
24.1 Local Government
24.1.1 Structure
24.1.2 Features of British Local Government
24.1.3 Functions of Local Government
24.1.4 Sources of Revenue
24.1.5 Control over Local Governments
24.2 Local Governments in U.S.A.
24.3 Local Governments in France
Let us sum up
Check your progress
Glossary
Answers to check your progress
Model Questions
Suggested readings
OVERVIEW

The system of local government in U.K. is the result of long historical

evolution. The American Constitution provides for a federal state with
division of powers between federal and state governments. Local
government is a state subject. The local government in France exhibit
centralization and uniformity. The two important units of local
government in France are the Commune and the department. In this
unit, we will study the judiciary system and local governments in U.K.
LEARNING OBJECTIVES
After reading this unit you should be able to
 Discuss the Organisation, function and working of local bodies.
 Explain the local governments in USA.
 Analyze the functions of local governments.

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24.1 LOCAL GOVERNMENT
The system of local government in England is the result of a long
historical evolution. It was unplanned and haphazard. At the beginning of
the 19th century there was a veritable chaos of local areas, authorities
and jurisdictions. At one stage, there were more than 27000 different
local authorities in England and there was a similar jungle of
jurisdictions. In the 19th century parliament enacted a number of laws,
which imparted a certain measure of coherence and uniformity to the
system. In the 20th century also many acts were passed to further reform
the system of local government. The present system of local government
in England is governed by the Local Government Act of 1972. This Act
has made drastic changes in the system.
24.1.1 STRUCTURE:
The Local Government Act of 1972 has made drastic changes in
the system of Local Government in England. At present there are six
Metropolitan Counties that administer the main conurbations
(aggregations of urban districts) outside Greater London. Each
metropolitan county extends to the edge of the continuously built up area
of the conurbation. The Metropolitan counties are divided into districts
whose number is 36. Generally a county includes a former county
borough as well as a number of former county districts. The non-
metropolitan areas on the English mainland are divided into 38 counties.
These counties have been formed by combining former administrative
counties and associated county borough. These are completely new
counties. Some of the former small counties have been merged to form
large new counties.
Each county is divided into districts whose number is 296 in all.
These districts have generally been formed by combining former county
districts. The population of a district ranges from 60,000 to 1,00,000.
Some districts are divided into parishes. The affairs of the parish are
administered by a parish meeting consisting of all the electors. Parishes
with 200 or more electors have parish councils. A parish council consists
of at least five members.
The Corporation acts through three courts as the Court of
Common Council, the Court of Aldermen and the Court of Common Hall.
The Lord Mayor presides over all the Three Courts. The Court of
Common Council is the most important administrative body. It comprises
the Lord Mayor, 25 aldermen and 155 common councilmen. Aldermen
and councilmen are directly elected by the voters of the city.

223
 The court of aldermen elects every year the Lord Mayor from the
two candidates nominated by the Court of Common Hall. The courts of
Common Hall consist of the Lord Mayor, aldermen and sheriffs of the
city and freemen and liverymen of ancient companies. The Lord Mayor
holds office for one year. During his term of office he is a member of the
Privy Council.
24.1.2 FEATURES OF BRITISH LOCAL GOVERNMENT:
The features of the British System of local government are:
1. All the units of local government have councils as the real
governing bodies. They act as both legislative and executive organ
of local government.
2. All members of county councils and district councils are directly
elected for a period of four years. The membership of a council
varies between 40 and 100.
3. Not every parish has a parish council. Parishes with 200 or more
electorates have parish councils. A parish council consists of at
least five members who are elected for a period of four years.
4. Legally, each council is a single public corporation. Hence, it is
collectively responsible for taking and implementing decisions
rather than individual councilors.
5. The presiding officer of the council is known as major or Chairman.
He is a ceremonial head of the local authority.
6. Local authorities perform two categories of functions as mandatory
and permissive. They operate through committees. These
committees supervise administration on behalf of the council.
7. The Local Government Act of 1974 has established the local
Ombudsmen called Commissioners for local administration. They
carry out a similar function in local government to that of the
Parliamentary Commissioner in central government. They
investigate into complaints of misadministration, made through
local councilors.
24.1.3 FUNCTIONS OF LOCAL GOVERNMENT:
The functions of a parish council or meeting are limited. It acts as a
minor education authority and provides recreation grounds, public works
and other minor services.The districts enjoy greater powers and perform
more functions than the parishes. They have power to acquire land for

224
building purposes. Their duties include water supply, sanitation and
maintenance of small roads.
The county council performs numerous functions. It prepares the budget,
levies rates, constructs and maintain roads, builds houses for labourers,
administers medical and poor relief, maintains schools, lunatic asylums
etc. It also supervises the functions of district councils. The borough
council makes byelaws, prepares its budget; levies local rates and
provides amenities such as water, gas, electricity etc. It also maintains
sanitation and public health, establishes and maintains schools and
recreation grounds.
24.1.4 SOURCES OF REVENUE:
There are many sources of revenue of local bodies in England.
Local taxes called rates are the most important source. A rate is a local
tax levied at a percentage rate on the annual value of property
beneficially occupied. Some classes of property are exempted by law.
There is total exemption for agricultural land. Property used by schools,
churches and cultural societies is also exempted. The amount to be paid
by each property owner each year is determined on the basis of the rate
able value of property.
Another source of revenue of the local authorities is the grants-
in-aid given by the Central Government. There are two kinds of grants-
in-aid, the percentage grants and the rate support grants. The
percentage grants-in-aid are given by the Central Government on the
condition that local body concerned fulfils certain conditions and
maintain certain minimum standards. In the case of police, the grants
are equal to 50 percent of the approved net expenditure. In the case of
education, grants vary from 30 percent to 65 percent according to the
needs and means of the local authority concerned. Grants are also given
in the case of roads, bridges and buildings.
24.1.5 CONTROL OVER LOCAL GOVERNMENTS:

The local bodies is England enjoy a large measure of autonomy.

But recently the Central Government has adopted measures, which
tighten its control over the local bodies. Perhaps it is due to the desire on
the part of the Central Government to enforce a certain minimum level of
efficiency in the conduct of local affairs. First, there is judicial Control
Local Authorities are subject to the jurisdiction of law courts like other
citizens. Action can be taken against a local body if it neglects its duty or
makes improper use of its powers.

225
 Secondly, law courts have the power to declare ultra vires the
executive or legislative measures of any local authority. If a local body
acts in excess of its powers, the judiciary can be brought into play to
stop the same.
Administrative control over local bodies is a recent development
and it is increasing. It involves some kind of supervision and direction by
an executive department of the Central Government. The authorities,
which exercise administrative control, are the Minister of Housing and
Local Government, the Secretary of State for Wales, the Secretary of
State for Scotland, the Ministers of Health, Education and Transport and
the Home Secretary. There are certain appointments for which the
approval of the Central Government has to be secured. In certain cases
consent for removal is also necessary. Byelaws made by local bodies
require the approval of the Minister of Health. At times the Central
Government prepares model byelaws and forwards them to the local
bodies for adoption. It grants money to the local bodies for financing
social services. It appoints from time to time inspectors to ensure that
the funds provided to the local bodies are properly utilized. It also gives
necessary advice to the local bodies from time to time.
24.2 LOCAL GOVERNMENTS IN USA
The American Constitution provides for a federal state with
division of powers between the national (federal) and the state
governments. Local government is a state subject. Each state has
established its own system of local government depending upon history,
experience and conditions. Hence the nomenclature, Organisation and
functions of the units of local government in the USA differ from state to
state. In other words, heterogeneity (not uniformity) is the characteristic
feature of the American system of local government. Another such
feature is a high degree of autonomy enjoyed by the units. In fact, they
are more autonomous than the British units of local government.
At present, the USA has the following units of local government as
County, City (Municipality), Town and the Township and Special District
For the purpose of local government, each state of the federal republic
of the USA is divided into a number of counties. Each county is further
subdivided into a number of cities and towns or townships. Additionally,
there are special districts dealing with particular functions. A present
there are about 3,000 counties, 18,000 cities, 17,000 towns and
townships and 40,000 special districts.

226
24.2.1 COUNTY:
A county is territorially the largest unit of local government in the
administrative subdivisions of the state as well as the units of local
government. The Organisation, powers and functions of these counties
differ from state to state and in some states from county to county.
Generally, the counties perform the following functions as Law
enforcement, Administration of justice, Roads and highways, Public
welfare and public utilities, Agriculture and cooperative extension,
Education, Health and sanitation and Planning and zoning.
24.2.2 CITY:
A city is a unit of urban local self-government and is incorporated as a
municipality. It can be compared to British borough. It has a charter, that
is, a fundamental law which defines its Organisation, powers and
functions. The charter is granted to a city by the state legislature either
under a special Act or under general laws. Alternatively, a city can frame
its own charter under the municipal home role. On the basis of
relationship between the legislature and the executive organs, the city
governments are classified into the following three forms as the Mayor
Council Plan, the Commission Plan and the City Manager Plan
The Mayor – Council Plan: This is the oldest and the most popular
form of city government in the USA. More than half of the cities use this
form of local government. Under this form, a Mayor is elected directly
and independently to Act as the chief executive officer of the city, and
the City Council is elected separately to serve as a legislative body.
Depending on the position of Mayor in the system of city government,
this form is subdivided into two divergent forms or plans, namely,
Strong-Mayor Plan and Weak-Mayor Plan.
Strong – Mayor Plan: Under this plan, the Mayor enjoys complete
executive authority and virtually controls the entire administration of the
city. He appoints and removes the heads of departments without being
subject to the approval of the City Council. He can veto an ordinance
passed by the Council. He has strong powers with regard to preparation
of city budget.
Weak – Mayor Plan: Under this plan, the Mayor enjoys limited
executive authority and has virtually no control over the administration of
city. The heads of departments are elected directly by the people for
administrative purposes. The Mayor has limited powers of appointment
and removal. The City Council alone appoints various officials. The veto
power of the Mayor is weak, that is, it can be overridden by a special

227
majority of the Council. The Council directly participates in the
preparation of the budget as well as in the administrative matters. Thus
under this form of city government, the council is dominant.
The Commission Plan: Under this form of city government, the
legislative and the executive authority are concentrated in a single body
called the Commission. This governing body consists of three to nine
members called Commissioners who are directly elected by the people
for a period of two to six years. The Commissioners have dual
responsibility as collective and individual. Collectively, they serve as the
City Council (i.e. the legislative body) and hence determine the policies,
pass the ordinances and control the purse strings. Individually, they act
as heads of the administrative departments of the city government like
public works, public safety, finance. The commissioners choose a
person from among themselves as a Mayor to serve as the chief
executive. The office of the Mayor is reduced to that of ceremonial
leadership. He is a titular head of the city government.
The City-Manager Plan: It is also called as Council-Manager Plan.
Under this form city government, there is a council consisting of five to
seven members who are directly elected for a period of two to four
years. This elected council serves as the legislative body of the city
government. The council elects a Mayor from among its membership.
He acts as the presiding officer of the council and is the ceremonial head
(nominal head) of the city government; with no executive powers and
functions.
24.2.3 TOWN AND TOWNSHIP:
Town and Township are the subdivisions of counties. They are the
principal units of local government in the rural or semi-urban areas. The
governing body of the two is known as the Town Meeting which consists
of all the eligible voters of the town. It generally meets once in a year
and elects a Board of chosen men other official functionaries to carry out
the local administration. It is in this town that ‘direct democracy’ in
operation can be seen.
The governing body of the township is known as the Board of
Supervisors. It is a small elected body consisting of about three
members. It passes ordinances, budget and appoints officials to carry
out local administration.
24.2.4 SPECIAL DISTRICT:
Special districts a unit of local government which is established
to provide one particular service. This device provides a specialized

228
machinery to carry out a specified function and permits a high degree of
flexibility in local government. Such districts out cross the jurisdiction of
the regular units of local government as county, city, town and so on.
Special districts are created for education, sanitation, fire protection, soil
conservation, water, recreation, housing, and flood control and so on.
They are created as quasi-municipal Organisations under the state law
with the consent of the people in districts. School districts, meant for the
maintenance of schools are the oldest and still the most numerous of
these special districts. At present, there are about 40,000 special
districts out of which 15,000 are school districts. Special districts are
governed by small boards which are usually elected body it has taxing
and bonding authority.
24.3 LOCAL GOVERNMENTS IN FRANCE
The French Constitution provides for a unitary state. Hence all
the powers of the government are vested in the supreme Central
Government. It can create or abolish the units of local government for
administrative convenience. The units of local government derive their
authority from the Central Government. The most important feature of
the local government is its high degree of centralisation. In France,
everything is centralised and local government units are controlled by
the Central Government through the Minister of Interior, who is the final
authority in this regard. Thus, the local government is neither
autonomous nor self-governing. In fact, it is only local administration, not
local self-government. The units of local government are the agencies of
Central Government for the purpose of local administration. Another
feature of the local government is its rigid uniformity in two aspects as
organisational pattern, and powers and functions. Throughout France,
we find the same elective council, the same Prefects, Sub-Prefects and
Mayors, the same laws and police, the same school system and
education.
At present, France has four types of local government units. They are:
(i) Department
(ii) Arrondisement
(iii) Canton
(iv) Commune
For the purpose of local government, the whole area of France is
first divided into a number of departments. Each department is further
sub-divided into a number of arrondisements. Each arrondisement is

229
again sub-divided into a number of cantons. Each canton is finally
subdivided into communes. The arrondisements and cantons are
created only for administrative conveniences and hence are not the real
units of local government. Therefore only departments and commune
are the two real units of local government.
Department: The department is the largest unit of local government and
occupies the topmost place in the local government hierarchy. These
departments broadly correspond to the counties of England. However,
the area under departments is double the area under counties. There
are in total ninety departments in France.
Each department has a General Council as its legislative branch. It
consists of councillors elected directly by the people for a period of six
years. The number of councilors differs from department to department;
the maximum being sixty-seven and the minimum being seventeen. The
Council elects its own President for a term of one year. He acts as the
presiding officer of the Council. The Council has a standing committee
called the Departmental Commission.
The executive head of the department is the Prefect. He is appointed by
the President of France on the recommendation of the Minister of
Interior. Apart from being the chief executive of the department, the
Prefect also acts as a local agent of the Central Government. As such
he occupies a dual position. As an executive head of the department, he
carries out the resolutions and policies of the General Council. As a
representative of the Central Government, he has to implement its laws,
instructions and orders within his department. Therefore, the institution
of Perfect is the pivot of the French administrative system at the local
level.
Arrondisement: Every department is divided into three or four
arrondisements. It is a purely administrative sub-division and has neither
a corporate personality nor an elected council. Hence, it is not a real unit
of local government. Its primary duty is to reduce and ease the
administrative burden on the department. It is headed by a Sub-Prefect
who acts as an agent of the Prefect of a department. Like departments,
arrondisements so classified into four classes-Horse Class, First Class,
Second Class and Third Class.
Canton: Each arrondisment is further subdivided into nine cantons. Like
an arrondisement, a canton is also purely administrative subdivision and
hence, not a real unit of local government. It has neither a corporate
personality nor an elected council. It is a territorial unit mainly for the
administration of Army and Judiciary. It also serves as a ward for the

230
election of the General Council of departments. One Councillor is
elected from each canton to the departmental council.
Commune: A commune is the smallest unit of local government and
stands at the bottom of the hierarchy of local government. In France, the
term ‘commune’ indicates not only a subdivision of a canton, but also the
government of a city, town, village or township. Unlike a department,
Arrondisement and canton, a commune as a unit of local government
has a historical background and existed even before the French
Revolution of 1789. At present, there are more than 38,000 communes
in France. However, all the Communes are governed by the same
municipal code. This means that all communes, whether rural, urban,
agricultural or industrial, have the same system of government.
LET US SUM UP
The structure, function and features of local governments are discussed.
Local Government is a state subject in USA. Heterogeneity is the
characteristic feature of the American system of Local Government a
high degree of autonomy is enjoyed by these units. In USA, the units of
local government are county, city, town and township and special
district. The local government in France exhibit centralization and
uniformity. The local government units are the Department,
Arrondisement, Canton and Commune.
CHECK YOUR PROGRESS
1. The present system of local government in England is governed by
the Local Government Act of ________.
2. The Corporation acts have three courts. They are the Court of
_________, the Court of _______ and the Court of ____________.
3. The Local Government Act of 1974 has established the local
Ombudsmen called _________________ for local administration.
4. The USA has the following units of local government as
__________, ______, Town and the Township and Special District.
GLOSSARY
Arbitrariness : Using uncontrolled power.
Heterogeneity : Not uniform
Ordinance : Order made by a government.

231
ANSWERS TO CHECK YOUR PROGRESS
1. 1972.
2. Common Council, Aldermen and Common Hall.
3. Commissioners.
4. County, City.
MODEL QUESTIONS

1. Describe the Organisation and features of the local bodies in

England.
2. Explain the administration at grassroots government level in USA.
3. Discuss the various forms of city government in USA.
4. Give and account of the local government in France.
SUGGESTED READINGS

1. R. Hague & M. Harrop (2000), Comparative Government and

Politics: An Introduction, 5th edn., New York, Palgrave.
2. B.L. Fadia & Kuldeep Fadia (2009), Public administration, Sahitya
Bhawan Publishers, New Delhi.
3. Sharma. A & R. P. Gajanan, (2011), Modern Public Administration,
Crescent Publishing House.

232
 TAMILNADU OPEN UNIVERSITY
B.A. Public Administration (BPAS - 12)
Modern Administrative Systems – I (UK, USA and France)
Model Question Paper
Time: 3Hrs Max Marks: 70
PART – A (3 x 3 =9)
Answer any THREE questions in 100 words each. Each question
carries 3 marks
1. Explain the meaning of constitution.
2. State Dicey’s concept of rule of Law.
3. Write about the concept of judicial review.
4. Discuss the two-party system in USA.
5. Describe the characteristics of communist party.
PART – B (3 x 7 =21)
Answer any THREE questions in 200 words each. Each question
carries 7 marks
6. Explain the evolution and scope of Administrative Law.
7. What are the role and functions of the House of Commons?
8. Bring out the Constitutional Status of Separation of Powers in USA.
9. Elucidate the salient features of French government under fifth
republic.
10. Compare and contrast the French and American President and the
British Prime Minister.
PART- C (4 x 10 =40)
Answer any FOUR questions in 500 words each. Each question
carries 10 marks
11. Enumerate the different classification of Political parties.
12. Discuss the role of the Prime Minister in British Administrative
System.
13. Examine the role of Central Personnel Agency in British Civil
Service.
14. Describe the important features of the Administrative System of
USA.
15. Assess the Constitutional Status of Checks and Balances in the
USA.
16. Discuss the powers and functions of the French President.
17. Explain the administration at local self-government in USA.

233
234
 B.A., Public Administration
First Year

BPASE-11

POLITICAL THEORY

SCHOOL OF POLITICS AND PUBLIC ADMINISTRATION

TAMIL NADU OPENUNIVERSITY

UNIVERSITY
577, ANNA SALAI, SAIDAPET, CHENNAI - 15

OCTOBER 2021
 Name of Programme BA Public Administration

Name of the Course Code with BPASE – 11 POLITICAL THEORY

Title

Curriculum Design Dr. R. Arumugam Assistant Professor, SOPPA

Course Writer Dr. V. Harieya

Content Editor Dr. V. Harieya

Course Coordinator Dr. R. Arumugam

Translator Dr. V. Harieya

October 2021 (First Edition)

Reprint (Year)

ISBN No: 978-93-95914-28-4

© Tamil Nadu Open University, 2021

All rights reserved. No part of this work may be reproduced in any form, by mimeograph
or any other means, without permission in writing from the Tamil Nadu Open University.
Course Writer is the responsible person for the contents presented in the Course
Materials.

Further information on the Tamil Nadu Open University Academic Programmes may be
obtained from the University Office at 577, Anna Salai, Saidapet, Chennai-600 015 [or]
www.tnou.ac.in

Printed by: R.K, 11 Virudhungar District Co-Operative Printing press LTD

Virudhunagar -626003)
 BPASE-11 POLITICAL THEORY
Block- I: Introduction
Unit-1 Meaning, Nature and Scope of Political Science
Unit-2 Relationship with Allied Disciplines: History - Economics –
Philosophy – Sociology – Psychology
Unit-3 Approaches to the Study of Political Science: Historical -
Normative and Empirical -Key Concepts: State – Society
Unit-4 Sovereignty – Power – Citizenship – Nation and Nationality -
Global Order
Block-II: Organization and functions of State
Unit-5 Origins of the State – Elements of State – Functions of the
State
Unit-6 Separation of Powers
Block-III: Theories
Unit-7 Theories of State: Divine Theory - Force Theory - Patriarchal
and Matriarchal Theory
Unit-8 Social Contract Theory- Evolutionary Theory
Block-IV: Political Ideas
Unit-9 Rights
Unit-10 Liberty
Unit-11 Equality
Unit-12 Justice- Rule of Law- Civil Society- Revolution - Democratic
Participation
Unit-13 Political Obligation
Block – V: Political Ideologies
Unit-14 Liberalism, Neo – Liberalism
Unit-15 Marxism – Socialism
Unit-16 Fascism
Unit-17 Gandhism
Books Recommended
1. Appadorai,A. The substance of Politics, London: Oxford University
Press, 1968.
2. Gettell, Raymond Garfield, Political Science,Calcutta.
3. Gilchrist,R.N. Principles of Political Science, Bombay: Orient
Longmans,1952 (Seventh Edition).
4. Agarwal, R.C. Political Theory, New Delhi S.Chand. Co.2008.
5. Eddy Asirwatham, Political Theory, New Delhi.2007.
 BPASE-11 POLITICAL THEORY

Scheme of Lesson

Block I Introduction 1
Unit - 1 Meaning, Nature and Scope of Political 2-7
Science
Unit - 2 Relationship with Allied Disciplines: History - 8 - 14
Economics –Philosophy – Sociology –
Psychology
Unit - 3 Approaches to the Study of Political Science: 15 - 23
Historical - Normative and Empirical - Key
Concepts: State – Society
Unit - 4 Sovereignty – Power – Citizenship – Nation 24 - 37
and Nationality -Global Order
Block II Organization and functions of State 38
Unit - 5 Origins of the State – Elements of State – 39 - 45
Functions of the State
Unit - 6 Separation of Powers 46 - 51
Block III Theories 52
Unit -7 Theories of State: Divine Theory - Force 53 - 60
Theory - Patriarchal and Matriarchal Theory
Unit -8 Social Contract Theory- Evolutionary Theory 61 - 68
Block IV Political Ideas 69
Unit - 9 Rights 70 - 75
Unit - 10 Liberty 76 - 81
Unit - 11 Equality 82 - 85
Unit - 12 Justice - Rule of Law - Civil Society - 86 - 98
Revolution - Democratic Participation
Unit - 13 Political Obligation 99 -103
Block V Political Ideologies 104
Unit - 14 Liberalism, Neo-Liberalism 105 -118
Unit - 15 Marxism – Socialism 119 -132
Unit - 16 Fascism 133 -139
Unit -17 Gandhism 140 -148
Model Question Paper 149
Plagiarism Report 150
 18.10.2021

My Dear Beloved Learners!

Vanakkam,
The Tamil Nadu Open University (TNOU) that is marching towards the motto
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(K. PARTHASARATHY)
 Block I
Introduction

Unit-1 Meaning, Nature and Scope of Political Science

Unit-2 Relationship with Allied Disciplines: History-

Economics –Philosophy – Sociology – Psychology

Unit-3 Approaches to the Study of Political Science:

Historical - Normative and Empirical -Key Concepts:
State – Society

Unit-4 Sovereignty – Power – Citizenship – Nation and

Nationality – GlobalOrder
UNIT - 1

MEANING, NATURE AND SCOPE OF POLITICAL

SCIENCE
STRUCTURE
Overview
Learning Objectives
1.1 Meaning of Political Science
1.2 Politics
1.3 Political Science
1.4 Political Philosophy
1.5 Definitions
1.6 Nature of Political Science
1.7 Scope of Political Science
Let Us Sum Up
Check Your Progress
Glossary
Answers To Check Your Progress
Model Questions
Suggested Readings
OVERVIEW
Political science focuses on the theory and practice of government and
politics at the local, state, national, and international levels. We are
dedicated to developing understandings of institutions, practices, and
relations that constitute public life and modes of inquiry that promote
citizenship. Political science is the branch of social science that studies
the state, politics, and government. Political science involves extensively
the analysis of political systems, political theories and practical
applications, and the inspection of political behaviour. In this unit, we will
study in detail about the meaning, definition, scope, and importance of
political science.

2
LEARNING OBJECTIVES
After studying this unit, you will be able to
 Understand the meaning of Political Science
 Know the nature of Political Science.
 Discuss the scope of Political Science.
1.1 MEANING OF POLITICAL SCIENCE

Political Science is a science which deals with the state and the
government. It was in the Greek civilization that political science was
developed in its pure and systematic form. Aristotle, the father of political
science used the term for the first time in his book as ‘POLITICS’. The
term politics is derived from the Greek word 'polis' means the city and
state. The terms Politics, Political Science and Political Philosophy are
usually used as synonyms. However, these terms can be distinguished
from each other because they connote different areas of study.
1.2 POLITICS

In the Greek view, politics embraces everything that is in touch

with the life of the state. Politics, the term as it is used today ordinarily
refers to the Practical politics or the policies and actions of the
government.
Lasswell defined Politics as “Who gets what, when and how”.
The terminology Politics also includes "power and influence”. This one
copes with the state and the actual way in which institutions of the
government work towards a particular goal. Hence 'Politics' refers to an
activity, essentially political activity. Garner points out that “ the meaning
of Politics should describe the activities by which officials are chosen
and political policies promoted or in a wider sense, the sum total of
activities pertaining to actual administration of public affairs”. Important
elements in the study of Politics include legitimacy, controversy, conflict,
and consensus. Heinz Eula views that “politics is a human venture,
centered in man, created by man”.
1.3 POLITICAL SCIENCE
Out of the two terminologies Political Science and Politics, the
often-employed term is Politics and not Political Science. Some authors
who prefer them as synonyms like Aristotle, The Father of Political
Science. Jellineck, Sidgwick and Holzendorf have applied the term
‘Politics’ frequently.

3
 In General, at present, the Term ‘Political Science' is more
comprehensive than the term 'Politics'. It denotes a vast area of study
regarding the state and the theory of the state. It includes theoretical
politics and applied politics. In the first area, it is concerned with nature,
origin, purpose, and scope of state activity. In the second, it deals with
the organization, functions, and forms of political institutions. According
to Gettel, “Political Science is a historical investigation of what the state
has been, an analytical study of what the state is, and a politico - ethical
discussion of what the state should be”. The expression political science
refers to the body of knowledge relating to the phenomenon of state. In
the present context, as the discipline of political science has advanced, it
is adapted to political activity at all levels.
1.4 POLITICAL PHILOSOPHY
It is essentially about the intent of the political authority, freedom,
equality, rights, justice, political obligations, and other issues. It is not so
much a political system as it is the ideals and ambitions of the system. It
tries to find out why the struggle for power is taking place. It deals more
with 'why than how '. It tends to suggest the concepts which are abstract
and speculative, beyond the reach of certain observational tests.
Political philosophy when applied to the study of the political
phenomenon subjects it to the scrutiny of reason.
1.5 DEFINITIONS
Traditional:
1. J.W. Garner - "Political Science begins and ends with the state."
2. R.N. Gilchrist –“Political Science deals with state and government."
3. Dr. Stephen Leacock - "Political Science deals with the
government."
4. Sidgwick – “Political Science, for Greeks, was a municipal science,
but this deals with the societies of which the members are
accustomed to obey, at least in certain matters, the direction given
by some persons forming part of the society.”
Modern:
1. Max Weber - "Politics is the struggle for power or the influencing of
those in power."
2. David Easton - "Political Science is concerned with all those
varieties of activities that influence significantly the kind of
authoritative policy adopted for a society and the way it is put into
practice and the authoritative allocation of values of a society."

4
3. Harold J. Laski - "The study of politics concerns itself with the life of
men in relation to organized states."
4. Robson- "Political Science centers’ on the struggle to gain and
retain power, to exercise power or influence over others or to resist
that exercise."
1.6 NATURE OF POLITICAL SCIENCE

Aristotle called politics as the 'supreme science’. The word

'science' indicates the knowledge acquired by observation, experiment,
analysed and systematized, based on reason and evidence. Bodin,
Hobbes, Montesquieu, Jellinek, etc. are of the view that 'Politics is
Science'. The following grounds may be considered in treating Politics
as a science,
1. Observations can be made.
2. It is a body of appropriately regulated knowledge about the state.
3. It has absolute and universal laws.
4. Analytical method has been adopted.
5. Scientific method is applicable to its phenomenon.
6. The principles deduced are applicable to concrete problems.
James Bryce maintains that politics can never become a science.
J.S. Mill, Catlin, Barker and Auguste Comte maintain that it is an
art.
Politics is not regarded a science on the following grounds:
1. The subject matter of politics is related to the human. The
emotions and actions of the man cannot be controlled. Thus, it is
not possible to make political experiments.
2. There is no stability in the advancement of the political science. It
fails to provide stuff out of which hypothesis can be promoted.
3. There are disagreements over the definition, terminology, and the
methods of political science.
4. The principles this discipline cannot be tested in a laboratory.
5. The laws have variations and dissimilarities. Actions and reactions
take place in various and unforeseen ways.
6. Objectivity is not possible in politics. It is subjective by nature.
7. A completely impartial attitude cannot be adopted.
8. The root theory of basis of all sciences cause and effect cannot be
used in Politics.
The fact is that Political Science is not an exact science, yet it is a body
of well-organized knowledge about the state. Its theoretical wisdom is
practiced by statesmen, diplomats, and administrators. It deals with
social phenomenon and hence it is a social science having

5
characteristics of Positive Science. Art is the practical application of the
knowledge for achieving a definite end. It is an action with purpose.
Politics gives practical guidelines to rulers, administrates and citizens. It
is a systematic study of human relations. The conclusion is that it is both
a science and an art.
1.7 SCOPE OF POLITICAL SCIENCE
According to Willoughby, “Political Science has to deal with three
great topics as State Government and Law”. According to Prof.
Goodnow “Political Science divides itself into three parts, the expression
of the state will, the content of the state will, and the execution of the
state will”.
R.N. Gilchrist believes that “Political Science deals with the state
as it is, the state as it has been, the state as it ought to be”. Political
Science deals with values and principles such as Liberalism, Fascism,
and Communalism. It studies political phenomena, in that it deals with
ideals and concepts like Democracy, Liberty, Equality, Sovereignty etc.
Lasswell and Easton consider power, authority, and legitimacy within the
scope of Political Science. Political Science also comprises the learning
of the human associations and organizations, their objectives, and
effects. Within its periphery are social values, political socialization,
public administration, political development, political culture, and political
processes.
The subject matter of Political Science is divided into two parts as
Political Theory and Political Practice. The latter involves the study of
political parties and their structure. Ideology and functions are the
working of Legislature, Executive, Judiciary, and other political
institutions.
The scope of Political Science extends to the study of human behaviour
in its political context. It deals with the national and international
organizations. Therefore, the scope of the subject has become very
wide.
LET US SUM UP
In this Unit, we explained the meaning, nature, and scope of the
Political Science. This subject also starts and ends with the country. Its
scope includes national research and political system research,
including government research, power research, research on people and
their political behavior, and research on political issues that openly or
indirectly included as politics. The purpose of political science is to
deepen knowledge and understanding of one of the most powerful
forces operating on people, communities, and corporations today,
namely government and politics around the world.

6
CHECK YOUR PROGRESS
1. The term ‘Politics’ is derived from
A) Latin Term ‘Polis’ B) Greek Term ‘Polis’
C) English Term ‘Political’ D) Greek Term ‘City – State’.
2. Scope of political theory is
A) Study of Power B) Determine the Political Principles
C) Study of State and Government D) All of the Above.
3. Who is called as The Father of Political Science?
A) Plato B) Aristotle C) Hobbes D) Locke
GLOSSARY
Polis : City State.
Politics : Power and inclusion.
Political Science : Study of Government and Political Process
ANSWER TO CHECK YOUR PROGRESS
1. Greek Term ‘Polis’
2. Study of State and Government.
3. Aristotle.
MODEL QUESTIONS

1. What is Political Theory?

2. Explain the nature of Political Science.
3. Describe the Scope of Political Science.
SUGGESTED READINGS
1. Kapur, A.C. (2006) Principles of Political science, S.Chand &
Company, New Delhi.
2. Mahajan, V.D. (2008) Political Theory, S. Chand & Company, New
Delhi.
3. Sharma, R.K. (2011) Modern Political Science, DPS Publications,
New Delhi.

7
UNIT - 2

RELATIONSHIP WITH ALLIED DISCIPLINES: HISTORY –

ECONOMICS – PHILOSOPHY – SOCIOLOGY – PSYCHOLOGY
STRUCTURE
Overview
Learning Objectives
2.1 Relationship with Allied Disciplines
2.1.1 Political Science with History
2.1.2 Political Science with Economics
2.1.3 Political Science with Philosophy
2.1.4 Political Science with Sociology
2.1.5 Political Science with Psychology
Let us sum up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW

Political Science is deeply related to all other social sciences

because the knowledge gained about any phase of human behavior and
attitudes, about the institutions that men build, or the ideas to which they
respond in the mass, cannot fail to be of use in similar fields of inquiry.
Each social science, sociology, anthropology, history, economics, ethics,
psychology, jurisprudence, geography, and political science
supplements and fortifies the rest. If we divide them into different
sciences, they are distinctions within a unity as they aim to study man in
society. All are inter-dependent and inter-related. Each contributes
importantly to the advancement of the other. However, the subject is
closely related to other social sciences such as the history, economics,
philosophy, sociology, and psychology. It involves the origin,
development, and the planning of all forms of human associations in the
society. In this unit, will study elaborately about the political aspects with
other disciplines.

8
LEARNING OBJECTIVES
After going through this Unit, you will be able to
 Elucidate the connection of Political science with History.
 Discuss the relationship between Political science and Economics.
 Examine the association between Political science and Sociology.
2.1 RELATIONSHIP WITH ALLIED DISCIPLINES

Political science is a social science that deals with political

phenomena and its subject stuff in political institutions, activities,
practices, and political behaviour of man. Since, man is a social animal
and there are other dimensions of his life, for example sociological,
historical, moral, economic etc. Hence, the content of political science is
related to other social sciences like history, economics, ethics, sociology
etc. The centre of study of all social sciences is man. Therefore, all
social sciences are related to each other.
There has evolved a novel move towards the study of social sciences. It
is identified as inter-disciplinary approach. It aims at the integrated study
of all social sciences so that a comprehensive theory can be developed,
and all systematized knowledge is unified. Human beings are social
animals and live-in society. There are many aspects of social life,
including economic, political, psychological, historical, and social
aspects. Politics considers the political aspect of human social life as a
social science. In any case, political science is closely linked to other
social sciences: history, economics, sociology, psychology, and ethics.
Recently, social science research has become very interdisciplinary,
with some social science researchers and students collaborating with
other social science researchers and students.
Thus, though Political Science is an autonomous discipline, yet it has
close relationship with other fields of study like economics, history,
sociology, psychology, anthropology, and ethics. The Behavioural
thinkers gave importance towards establishing such relationships
between political science and other disciplines. In this second unit, the
relationship of political science with other social sciences is to be
discussed.
2.1.1 POLITICAL SCIENCE WITH HISTORY
Politics and history are inextricably linked. Politics is closely
related to history. Historical support is essential for a correct
understanding of the formation and development of the political systems.
We need help from history.

9
For example, if you want to know more about the nature of the British
monarchy and the functioning of the British Parliament, you can only
understand it through a detailed study of British history.
Through the history of Britain, the 1688’s Glorious Revolution’s
background is revealed that it happened because of the recurrent
protest and struggle made by the subjects of Britain against their
monarch. The establishment of the present political system viz limited
monarchy and recognition of the rights of the parliament in Britain was
done through this only. From this, it is learnt that the current set up of
political institutions have their origins from the past events. In the
meantime, it should be noted that history is not simply a recorded
chronicle of past events or institutions. Historical study is useful only if
we correctly understand the political significance of various historical
events and movements. In other words, history, and political science
work together and contribute. Political science and its ideas are
embedded time and environment in history. So, the two disciplines are
closely related and complement each other.
For the proper understanding of history, knowledge of political
institutions and the principles which govern them is very vital. Again,
political scientists draw conclusions from historical events and arrive at
principles which govern political life. British historian Sir John Seely has
very appropriately illustrated the relationship between Political Science
and History as follows, “History without Political Science has no fruit,
Political Science without History has no root”.
2.1.2 POLITICAL SCIENCE WITH ECONOMICS
Politics and economics are closely related. In fact, the field of
economics was originally known only as political economy. The Greeks
viewed political economy as the art of financing the state. The widely
known British political economist Adam Smith, who is celebrated as the
father of modern economics, penned down a book entitled “Wealth of
Nations”. He pointed out that economics is a science to enrich the
people and the state. Writers like Machiavelli (Italian thinker), John
Locke (British philosopher), Bentham (British political philosopher),
James Mill (British political thinker) and J.S. Mill (British political thinker)
discussed political and economic affairs together. According to Karl Marx
(German thinker), “it is the economic factor alone which determines the
politics of a nation”. The form and goals of government are strongly
influenced by economic power. The concepts of individualism, socialism
and communism are mostly based on economic principles.

10
 A country’s economic activity is highly dependent on the form of
government and existing policies. Government financial policies, import
and export policies, exchange rates and banking policies all have a
major impact on a country’s economy. Economic stability is responsible
for political stability and vice versa. Modern countries are faced with
many economic problems that cannot be solved by political action alone.
The modern state is considered a welfare state, and its main function is
the economy.
2.1.3 POLITICAL SCIENCE WITH PHILOSOPHY

Initially, Political Science was called Political Philosophy. Study of

philosophy of State i.e., Political Thought is a part of the study of Political
Science. Philosophy provides to Political Science knowledge of ideal
human behaviour, political values, good and bad in political theory, right
and wrong laws, policies and governmental decisions and theory of ideal
social-political institutions. Philosophy also studies ideal political
behaviour, good political values, ideal political institutions, and ideal
political conduct. Ideal political reforms and political ideologies are
Individualism, liberalism, socialism, communism, and others. It is a part
of the study of Political Science. Each political ideology is a particular
and distinct philosophy of state. Thus, Political Science and Philosophy
are related but two different and distinct disciplines of study. Each uses
the knowledge of other.
Philosophy is much broader subject of study than Political Science. It
involves the study of ideal, values and the good of human behaviour in
its all dimension as Social, Economic, Political, Cultural, Religions,
Educational and others. It specifies what is good and what should be
done in each aspect of human behaviour and relations. It prescribes
universal values for all human beings. It is a normative science of human
behaviour and values.
Compared to it, Political Science studies both political facts and values
but gives primary importance to the study of facts (i.e., what is there and
what is observed and observable). It also studies political values of each
society and state of the world, but such a study enjoys only a limited
importance in the study of Political Science. In contemporary times
Political Science is being built as a science of politics and not as a
philosophy of state.
In ancient times, Political Science was defined as Political Philosophy.
Political Science is the science of Politics as State, Government, Nation,
all political institutions, and political relations i.e., power relations in
society. While studying the concepts of state, government, political

11
institutions, constitutions, law, rights, freedom and political reforms,
Political Science makes a normative study of all these concepts.
However, in contemporary times, Political Science is defined as the
science and not philosophy of state, government, and politics. It is held
to be an empirical science of politics and not a normative philosophy of
State. Political Science is projected as a science and not as a
philosophy.
2.1.4 POLITICAL SCIENCE WITHSOCIOLOGY
Sociology is the study of society. It concerns the origin,
development, and structure of all kinds of human groups in the society.
Politics, on the other hand, focuses primarily on the state as a form of
human union. Thus, the field of political science is much more limited
than the field of sociology. Also, while politics is limited to the political
aspects of human life, sociology is a society and deals with all other
aspects of his life: ethnic, economic, social, religious, and political etc.
Sociology deals with all types of social structure and activities of society.
Hence it also studies the state structure, which is a fundamental theme
of political science. The behavioral political scientists have taken much
from sociological writings of Talcott Parsons (American Sociologist) and
Robert K Merton (American Sociologist) to enrich empirical political
theory. This popular trend gave birth to a fresh subject called political
sociology. In actuality, the political science’s students must learn the
principles of sociology and students of sociology must derive from
political science specifics about the organization and activities of the
state. Political science studies the state and government while sociology
studies nation, tribe, clan, family and all forms of human associations,
state being one of them.
Despite the separation of the celestial bodies in these two sciences, the
fields of political science and sociology are respected. In this way,
sociology also deals with situations, which are the subject of political
science. It looks at the development of a country from its roots and
seeks to uncover the complex social forces responsible for the
resurgence of state regulation. By providing these facts, sociology
contributes to politics. Politics also contributes to sociology by providing
details about governments and states.
2.1.5 POLITICAL SCIENCE WITH PSYCHOLOGY

Political science has an intimate relationship with Psychology,

the science of the human mind. Social psychology is of great help in
understanding the mind and behavior of the human groups. The ideas

12
and laws propounded by the state are likely to fail if they ignore the
psychological factors of people. Political leaders and government
machinery must have an insight into the working of human mind to be
able to solve the problems. Knowledge of psychology is important for the
realistic and the objective public policy in the state. James Bryce
(American political scientist) has even said that “politics has its roots in
psychology”.
LET US SUM UP
In this unit, we explained the relationship of Political Science with
the other social sciences. Political science is integrally related to the
other social sciences such as Sociology, History, Economics,
Philosophy, Psychology etc. Political science helps us to understand the
other social sciences better and the Vice-versa. During recent times
there has been an appreciable extension of the dimensions of Political
Science, due to an increase in an interdisciplinary approach, to complete
knowledge of an astonishingly complex phenomenon in man’s organized
political life.
CHECK YOUR PROGRESS

1. Integration of the Political science with other social sciences is a basic

Principle of
a) Traditionalism
b) Behaviorism
c) Liberalism
d) Post-Behaviorism
2. Economics details with
a) Production of goods and services
b) Consumption of goods and services
c) Distribution of goods and services
d) All of the above.
3. The study of human group behavior is the definition of
a) Psychology
b) Sociology
c) Geology
d) None of the above

13
GLOSSARY
Interdisciplinary approach : Involves the combination of two or more
academic discipline into related activities.
Psychology : The social of the human mind
Sociology : The study of the Society.
Philosophy : The study of the fundamental nature of
knowledge and real existence.
ANSWER TO CHECK YOUR PROGRESS
1. Behaviorism
2. All of the above
3. Geology
MODEL QUESTION

1. Explain the relationship between Political Science and History.

2. Describe the relationship between Political Science and Sociology.
3. Write abstract note on the relationship between political science and
Economics.
SUGGESTED READINGS
1. Agarwal, R.C. (2006), Political Theory, S. Chand & Company ltd,
New Delhi.
2. Kapur, A.C. (2006), Principles of Political Science, S. Chand &
Company ltd, New Delhi.
3. Mahajan, V.D. (2008) Political Theory, S.Chand & Company ltd,
New Delhi.

14
UNIT - 3

APPROACHES TO THE STUDY OF POLITICAL SCIENCE

HISTORICAL – NORMATIVE AND EMPIRICAL –
KEY CONCEPTS: STATE – SOCIETY
STRUCTURE
Overview
Learning Objectives
3.1 Approaches to the Study of Political Science Historical –
Normative and Empirical
3.2 Historical Approach
3.3 Empirical and Normative Approaches
3.4 Intrinsic and Instrumental Values
3.5 State and Society
Let us sum up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW

In general, several approaches to Political Science are

recommended from time to time, which are mostly divided into two
classifications, which include an empirical approach, an analogous and
satisfactory behavioral approach, and a legal, historical or nature and
philosophical approach. In this unit, we will discuss about the several
broad theoretical approaches and methodologies, including normative
theory, institutional approaches, behavioural analysis, rational choice
theory, feminist perspectives, Marxist theory, critical theory and
comparative approaches.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand various approaches to study Political Theory.
 Explain the Historical approaches to the study of political science.
 Discuss the concept of State and society.

15
3.1 APPROACHES TO THE STUDY OF POLITICAL SCIENCE
HISTORICAL – NORMATIVE AND EMPIRICAL
An Approach may be defined as said to be observing and then
explaining a particular phenomenon. It is the criteria for selecting the
problem, obtaining the data, and seeking answers to some questions.
The approaches to the study of political science are many. They may be
broadly divided into two classes:
a) Normative
b) Empirical
The Normative approaches are said to be value laden. The traditional
approaches to political science are normative i.e., they lean to the said
of ‘values’. The traditional approaches are dominated by values and
goals. They are characterized by what ‘ought to be’ rather than ‘what is’.
3.2 HISTORICAL APPROACH
The term ‘historical approach’ to politics may be used in two meanings.
Firstly, it may signify the course of action of reaching at the laws
governing politics through a study of historical occurrences that is event
of the earlier period, as illustrated by the theories advocated by the
philosophers like Hegel and Marx. Karl Popper (1902-94) an Austrian
thinker has depicted this perspective as “historicism”. It signifies that the
historical means are resolved by their innate requirements which are
beyond the control of human ingenuity. Popper has made a criticism on
historicism because it insists on discovering what is certain, and then
supports the totalitarian methods for its recognition, as Hegel and Marx
have done for the realization of their respective visions of future society.
In the subsequent place, historical approach stands for an endeavour at
understanding politics through a historical account of political thought of
the old times, as exemplified by George H. Sabine's (A History of
Political Theory 1937).
In the opinion of Sabine, “the subject matter of the political science
coincides with the major themes of discussion in the writings of the well -
known political philosophers Plato, Aristotle, Hobbes, Locke, Rousseau,
Bentham, Mill, Green, Marx and others”. Leading examples of questions
posed by these philosophers are: what ideals are pursued by the state:
what does freedom and equality mean, what are the grounds and limits
of political commitment, etc. Sabine points out that “each political theory
is advanced in response to some specific situations and it is necessary
to recapitulate the circumstances under which a particular theory was
produced for understanding its relevance to the present situation”.

16
Furthermore, any political theory is not only a product of history; it also
provided as an instrument of shaping history by its ideological strength.
However, all great political theories are suitable for all times. Critics of
the historical approach point out that it is impossible to separate and
understand the ideas of the ancient world into modern ideas and
concepts. Moreover, past thinking is not a guide to solving today’s world
problems that the thinkers of the past could not comprehend. David
Easton (The Political System: 1953) warned against living 'parasitically
on ideas a century old and failing to build up a new political synthesis'.
This clash with historical approaches, of course, led to the evolution of
behavioral approaches.
Meanwhile, the recent resurgence of interest in values has shifted
interest in the rich traditions of political thought through the development
of guiding principles of our time. For instance, John Rawls (1921- 2002)
has developed his eminent theory of justice by drawing on the
methodology of Locke and Kant and by declining the utilitarian
philosophy of Bentham and Mill. Herbert Marcuse (1898-1979) has built
his neo - Marxist theory of freedom by reverting to Hegel’s concept of
civil society. Again, C.B. Macpherson (1911-87) has built his theory of
democracy by reverting to Aristotle and J.S. Mill while rejecting
Bentham's utilitarianism and the contemporary elitism of Schumpeter
and Dahl.
3.3 EMPIRICAL AND NORMATIVE APPROACHES
Even though the importance is laid on the empirical approach by
the contemporary political science, the normative approach continues its
domination in the field traditional study of politics. It is found very difficult
to assume the meritorious features between empirical and normative
approaches as there is an agreeing factor with the distinction between
contemporary and traditional approaches. In a frank opinion, few
attributes of empirical as well as normative approach have matched with
the traditional and contemporary approaches.
Let us see an example for this. If one looks at the traditional
political theory, it is identified that the three popular theories namely 1.
Causes of revolution (or rebellion) by Aristotle 2. Theory of separation of
powers by Montesquieu and 3. The exploitation of the working-class
analysis by Karl Marx is affluent in empirical content. On the other hand,
in contemporary political theory, Karl Popper's theory on advocacy of
incremental change, defense of libertarianism by F.A. Hayek, concept of
creative freedom by C.B. Macpherson and theory of justice by Rawls are
very rich in their normative content.

17
In the general connotation, the empirical approach hunts for discovering
and describing facts whereas the normative approach eyes to establish
and prescribe values. The empirical approach primarily relies on the
observation through sense experience (i.e., sight, sound, smell, taste,
and touch): While you try to come up with empirical statements that you
are ‘interested in’, the normative approach aims to make standard
statements about ‘should be’ or ‘ought to be’. However, such
expressions cannot be considered as strict standards. The important
point is that the empirical theorem is a condition that can be observed
through our sensory experience, a condition that can be confirmed
through repeated observation, and its accuracy can be experimentally
verified. Standard statements define a kind of order based on a sense of
duty or the need to divulge or follow moral or idealistic principles.
A strong discussion can support true expression, but it is not enough to
be discovered, explained, or tested by our sensory experience. For
example, “what is justice” - this problem can be answered in many ways,
such as ‘justice means equal treatment of equal and unequal treatment
for unequal’ or fairness gives equal freedom and equal opportunities to
everyone who is admitted otherwise. The equal supply approach will
prove beneficial to the least favored, and so on. Now, all such
responses, which seem to describe what justice is, express a variety of
value preferences: none of them is empirical or empirically verifiable. So,
despite the use of the form as these are by no means empirical
statements.
Then, there could be an assertion calling for something to be made for
the fulfillment of an exact reason or state. For example, it may be said
that "everybody ought to vote in election in order to make democracy
work" (fulfillment of a purpose) or' if democracy is to work, everybody
ought to (or should, of must) vote in election'. Now these types of
statements are empirical statements despite using the 'ought to form,
because their contents can be empirically confirmed or falsified.
Undoubtedly, a normative statement needs to be supplemented in order
to serve the intrinsic value which is an end in itself (e.g., truth, goodness
and beauty). Alternatively, an empirical statement about something to be
done is expected to provide instrumental value that is a means to a
higher end (e.g., exercise regularly to improve your health and grow
more trees to reduce environmental pollution). In short, it is a matter of
expression, not its form that constitutes it empirically or normatively.

18
3.4 INTRINSIC AND INSTRUMENTAL VALUES
When something is desired, aimed at or commended purely for
its own sake, rather than to anything else, i.e., as an end (e.g., the truth,
the good, the beautiful), it represents an intrinsic value. On the other
hand, when something is commended because it serves to another end,
it represents an instrumental value.
Critics of the normative method disagree that the empirical method is
objective, while the normative method is subjective. T.D. Weldon, in his
Vocabulary of Politics (1953), maintained that a “political philosophy is
like a matter of caste; one can only state one's taste and go away. There
is no point in arguing this is a biased view”. Although there may be
multiple schools of thought supporting different interpretations of
freedom, equality, and justice, there is always a dialogue between these
schools. Those with different opinions can always gather to evolve or
enter some basic reasoning ideology, and they can prove or refute
various opinions through these ideologies. This is not a matter of
personal taste, which can be admitted but cannot be defended.
The expressions for or against any proposition assumed by the empirical
and normative methods are sometimes confusing. The distinction
between right and wrong can have multiple meanings in contexts such
as mathematical and moral issues. The empirical method is sometimes
understood to refer to true or false, correct, or incorrect classification as
unconditional classification, while the normative method regards them as
conditional. However, it is now generally accepted that even scientific
principles are mainly tentative. No one can claim to have found the
ultimate truth in the physical realm, let alone in the mental realm. The
scientific principles of nature and society can be considered valid until
they are falsified by some new discoveries. Especially in the political
field, we must act before reaching a very high level of scientific
legitimacy. As Robert Dahl put it in politics, “'refusing to decide' is simply
deciding to allow others to decide for you”.
Finally, the empirical method is still mainly descriptive, while the
normative method is mainly descriptive. Experience focuses on the eyes
to discover unchanging laws (for example: the law of universal
gravitation). Therefore, they are beyond human control; people can
discover and describe them. Normative methods deal with adaptive laws
and conditions that are primarily created or adopted by human
communities (for example, laws governing property and public order).
People can check how well they are morally correct or incorrect, and
then recommend the correct course.

19
By the way, in the normative method, the prescription can be before the
description. For example, the Greek philosophers Plato and Aristotle
described their experiences before giving their respective solutions. In
contrast, in the empirical method, the description can be followed by a
prescription or appropriate advice to achieve some obvious goals, such
as economy and efficiency, or several precise goals, such as health and
sturdiness. In addition, empirical methods are of great help in studying
the basis of normative argumentation. For example, Aristotle imposed
stricter penalties on slaves who committed similar crimes than on free
men, on the grounds that slaves were less sensitive to punishment. The
empirical method has now undoubtedly established that men are
enthusiastic about punishment because of their status as free men or
slaves.
Proponents of empirical methods strongly criticize normative methods on
the grounds that there is no “scientifically effective or reliable method to
determine morally correct or incorrect. As Leo Strauss has emphatically
stated: "By teaching the equality of values, by denying that there are
things which are intrinsically high and others which are intrinsically low
as well as by denying that there is an essential difference between men
and brutes, it unwittingly contributes to the victory of the gutter”. The
state of estrangement between the empirical and normative perspectives
will be as severe as possible. There is an urgent need to build a bridge
between these two perspectives, useful not only to the sympathizers
involved, but also to human civilization.

Approaches

The Issue Approach Empirical Approach Normative Approach

Chief Concern Facts (it is so.) Values (It ought to be so.)

Focus of Inquiry Real Ideal

Designed to Discover Determine

Nature of Inquiry Scientific and Descriptive Critical and Prescriptive

Based on Sense - experience and logic Speculation and logic

Result of Inquiry Verifiable Debatable

Criteria of Validity True and False Right and Wrong

20
3.5 STATE AND SOCIETY
Society is made up of many people, families, groups, and
institutions. The first political philosophers believed that the state and
society were one. The state is a part of the society, but not a form of
society. Difference between country and society:
Following are the differences between state and society.

S.NO STATE SOCIETY

State came into existence after

1 Society is prior to the State
the origin of the society.

The scope of the state is The scope of society is much

2
limited. wider.

State Society has no fixed

3 State has fixed territory.
territory.

4 State is a political organisation. Society is a social organisation.

The state has power to enforce Society has no power to enforce

5
laws. laws.

Prof. Earnest Barker in his book entitled "Principles of Social and

Political Theory" clearly brings out the difference between state and
society under three headings. They are,
1. Purpose or function
2. Organisation and structure
3. Method
From this point of view, the state is a legal entity, the main purpose of
which is to create and maintain a permanent system of law and order.
But society comprising of a plurality of associations, acts for a variety of
purposes other than legal.
These purposes are Intellectual, Moral, Religious, Economic, Aesthetic
and Recreational. Nations and societies are members of the same but
different goals. The state exists for a great purpose, but the state exists
for a purpose. Society exists for several purposes. Some are large and
some are small, but they are all deep and wide. From an organizational
point of view, the state is a legal organization, but society itself consists
of many organizations.

21
As already mentioned, the state uses the method of coercion or
coercion, and society, the method of voluntary action. The goals of an
association require compelling arguments, and the diversity of the
organization provides members with many opportunities to leave one
association and join another if there is coercion.
LET US SUM UP

Political theory also focuses on empirical research into the way

political institutions function in practice. Here political theorists subject
beliefs about political life found in important political writings to re-
examination in the light of ongoing human behavior. In either case,
political theory seeks to ultimately deepen political thinking and to spur
citizens to responsible and creative political action. Political sciences
uses a number of broad theoretical approaches and methodologies
including: Empirical and formative, Historical. The most dominate
political approaches realize all there goals such as describe, explain and
predict.
CHECK YOUR PROGRESS
1. Who described historical approach as ‘historicism’?
a) Karl Popper b) Sabine c) Mill d) Locke
2. Empirical approach based an
A) Evidence based Approach B) Policy Analysis
C) Historical D) Environmental.
3. Society is
a) Natural b) Deliberate c) Practical d) fractional
GLOSSARY
Normative : Behaviour deriving from standard norm.
Empirical approach : Seeks to discover and describe search.
Justice : Giving equal freedom and equal power to all.
Instrumental Values : The value of both physical objects and abstract
objects not ended in themselves.
ANSWER TO CHECK YOUR PROGRESS
1. Karl Popper
2. Evidence based approach
3. Natural

22
MODEL QUESTION
1. What are the approaches in Political Science?
2. Discuss the Empirical and Normative Approaches to the study of
Political Science.
3. What is difference between State and Society?
SUGGESTED READINGS

1. Agarwal, R.C. (2006), Political Theory, S. Chand & Company ltd,

New Delhi.
2. Kapur, A.C. (2006), Principles of Political Science, S. Chand &
Company, New Delhi.
3. Mahajan, V.D. (2008), Political Theory, S. Chand & Company ltd,
New Delhi.

23
UNIT - 4

SOVEREIGNTY – POWER – CITIZENSHIP –

NATION AND NATIONALITY – GLOBAL ORDER
STRUCTURE
Overview
Learning Objectives
4.1 Sovereignty
4.2 Kinds of Sovereignty
4.2.1 De-Jure and De-Facto Sovereignty
4.2.2 Titular and Real Sovereignty
4.2.3 Legal Sovereignty
4.2.4 Political Sovereignty
4.2.5 Popular Sovereignty
4.3 Monistic Theory of Sovereignty
4.4 Pluralistic Theory Sovereignty
4.5 Power
4.6 Definitions
4.7 State and Nation
4.8 Nationality
4.9 Global Order
4.10 Parameters of Global Order
4.11 Key Areas of Global Order
Let us sum up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings

24
OVERVIEW
The concept of a nation-state is notoriously difficult to define. A
working and imprecise definition is a type of state that conjoins the
political entity of a state to the cultural entity of a nation, from which it
aims to derive its political legitimacy to rule and potentially its status as a
sovereign state. Sovereignty is a term referring to the independence and
autonomy of the modern nation-states. The state can be divided freely,
internally and externally, according to the type of democracy, the type of
ruler, and the political system. In this unit, we will discuss elaborately
about the different concepts of political theory.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Discuss the meaning and different kinds of Sovereignty.
 Explain the concept of power.
 Analyse the relations between the State and nation.
 Understand the concept of Global order.
4.1 SOVEREIGNTY
The word ‘Sovereignty’ comes from the Latin ‘Superanus’ and
means ‘paramountcy’ or the ‘absolute power’. The implementation of the
omnipotence by a state is generally recognized as a sovereignty that
distinguishes the state from other federations. Therefore, the concept of
sovereignty is one of the basic concepts in the study of political science.
According to J.W.Garner, sovereignty is that “characteristic of the state
in virtue of which it cannot be legally bound except by its own will or
limited by any other power than itself”. In fact, the sovereignty grants
maximum jurisdiction both inside and outside government. Internal
sovereignty refers to the power of a state to enforce and enforce laws in
its territory. It is the ultimate force in the enforcement of order and
obedience. Sovereignty in this sense is not subject to legal regulation.
This Absolute is the supreme authority over any individual or group of
nations. Foreign sovereignty is understood as the freedom of one state
to conquer or control another. In other words, it means that the will of the
state is independent and independent of the will of other foreign powers.
Where a State accepts certain restrictions on freedom of action, either
through treaty or international law, these are arbitrary restrictions and do
not revoke the sovereignty of that State. Jean Bodin characterizes
sovereignty as the 'absolute and perpetual power of commanding in a
state', as the ‘supreme power over citizens and subjects unrestrained by
laws '.

25
Subsequently Bodin places sovereign exempt from the laws that apply to
everyone else, in light of the fact that he, when all is said and done, is
the wellspring of law. Bodin treated the sovereign above law yet not
above obligation and good duty. He forced two significant impediments
on the forces of the sovereign. They are: a) There are some central
laws, (for example, the Salic law of France, which debarred females
from dynastic progression) and the sovereign couldn't legally revoke
such laws; and b) private property being conceded by the law of nature,
was sacred. Accordingly, the sovereign couldn't burden his subjects
without their assent. Be that as it may, John Austin, the great English
Jurist, is viewed as the best type of the Monistic hypothesis of
sovereignty.
4.2 KINDS OF SOVEREIGNTY
4.2.1 DE-JURE AND DE-FACTO SOVEREIGNTY
Sovereignty is a matter of fact, sometimes a distinction is made
between de-jure and de-facto sovereignty. The de-jure sovereign is the
legal sovereign and the de facto sovereign is the physical sovereign.
The de facto sovereign to which people are actually subject, whether or
not it has legal status. De facto sovereignty can only be based on
physical force or religious influence, while de-jure sovereignty has the
right to dictate obedience. In times of revolution, you can clearly see the
difference between them. For example soon after the overthrow of the
Chiang Kai-Shek’s regime in China, Communist China became de-facto
sovereign. But now, the international community has recognized it. Then
it may be regarded as both de-facto and de-jure.
4.2.2 TITULAR AND REAL SOVEREIGNTY
‘Titular sovereign’ nominally means only people whose names
are monarchs. This term is used to describe a king or monarch who
does not exercise royalty and becomes a symbol of the country. The
Queen of England is an example. The British Monarchy is a cabinet led
by the Prime Minister who exercises the actual authority on behalf of the
Queen.
4.2.3 LEGAL SOVEREIGNTY

The legal sovereign is the supreme law-making body in the state.

Only its commands are laws. It can override prescriptions of the divine
law, the principles of morality. It is ‘the determinate person’ referred to in
Austin’s definition of sovereignty. The best example of such a sovereign
is found in England in the King-in-Parliament. Courts recognize only
those laws which emanate from such a sovereign authority.

26
4.2.4 POLITICAL SOVEREIGNTY
Legal sovereignty is the supreme institution for making and
enforcing laws in a democracy, but the will of the people behind it is the
supreme and supreme source of all power. This is the authority from
whose verdict there can be no appeal. In the words of A.V. Dicey,
“Beyond the sovereign which lawyer recognizes there is no sovereign to
whom the legal sovereign must bow that body is politically sovereign, the
will of which is ultimately obeyed by the citizens of the state”. Gilchrist
defines it as “the sum total of the influences in a state which lie behind
the law”. In countries where direct democracy is widespread, the rule of
law and politics are almost a coincidence. However, in a representative
or indirect democracy, there is a difference between the rule of law and
the ruler of politics.
4.2.5 POPULAR SOVEREIGNTY
The idea of 'popular sovereignty' came to function in the
sixteenth and seventeenth century. The thought was maintained in old
Rome by Cicero, who was motivated by the indifferent rule of a
characteristic law and human correspondence. As per the regulation of
‘popular sovereignty’, extreme power rests with individuals. The
convention turned into the foundation of the lessons of the French
thinker Rousseau. Rousseau propounded it in his renowned idea of the
'General Will'. His hypothesis practiced an extraordinary impact on the
French and American unrests. The tenet got a further driving force from
the development of majority rules system in the eighteenth and
nineteenth centuries, when it came to be acknowledged as the legitimate
establishment of present day vote based government. The hypothesis of
mainstream power is chiefly founded on two central standards – (a) the
public authority doesn't exist to its benefit. It exists to benefit individuals.
(b) in case individuals' desires are intentionally disregarded, they can
depend on transformation. Both these standards of the hypothesis of the
mainstream sway have contributed a lot to the advancement of the
political hypothesis.
4.3 MONISTIC THEORY OF SOVEREIGNTY

Although the theory of sovereignty emerged only recently the

idea of it goes back to Aristotle, who spoke of the supreme power of the
state. After Aristotle political philosophers like Jean Bodin, Hugo Grotius,
Thomas Hobbes, John Locke and Jean Jacques Rousseau wrote about
sovereignty. Bodin defined sovereignty as “the supreme power of the
state over citizens and subjects unrestrained by law”.

27
 But, the classical exposition of sovereignty is given by John
Austin (1790-1859), the Famous English Jurist. Austin stated his theory
of sovereignty in his ‘Lecturers on Jurisprudence’, published in 1832.
According to G.H. Sabine, Austin’s primary object was to build up “an
exact juristic terminology and to present a clear outline of the
organization of a government’s legal powers”. Austin develops his theory
of sovereignty on the basis of his concept of law as “a command given
by a superior to an inferior”. Therefore, he defines sovereignty in the
following words: “If a determinate human superior, not in the habit of
obedience to a like superior, receives habitual obedience from the bulk
of a given society, that determinate human superior is sovereign in that
society, and that society (including the superior) is a society political and
independent”.
Austin's definition of sovereignty gives us that in each free and political
society, there is some individual or assemblage of people who in a
definitive examination can propel acquiescence. In this manner, in each
free political local area there exists a sovereign force or all in all, sway is
a fundamental quality of an autonomous political society. Furthermore,
the sovereign is a determinate individual or assemblage of people. It
can't be an endless body or an obscure idea. Thirdly, the force of the
sovereign is lawfully limitless. Fourthly, the compliance delivered to the
sovereign is ongoing and not relaxed. Fifthly, the force of the sovereign
is unified. Lastly, whatever the sovereign orders is law. Consequently,
the main qualities of the Austinian hypothesis of power are supremacy,
all absoluteness, all comprehensiveness, universality, permanence,
inalienability, exclusiveness and indivisibility.
The sovereign state is supposed to be total and limitless. There is no
force on earth which can tie it. It is totally free of any impulse or
obstruction with respect to different states. This deals with a worldwide
understandings and shows the annihilated sovereignty, in just as there is
no convincing force behind them. The sovereign force is general and all
thorough. It is incomparable over all people, affiliations and things inside
the state. No individual or assortment of people can guarantee exception
as an issue of rights. Nature implies that a sovereign state can't part with
any of its fundamental components without annihilating itself. A state
might surrender part of its domain to another state. Thusly it gives up its
sovereign all things considered. Further, sovereignty is pretty much as
lasting as the actual state. Inasmuch as the state endures sovereignty
keeps going. The two are indivisible. At last sovereignty is unbreakable.

28
Thus Gettell writes “If sovereignty is not absolute, no state exists; if
sovereignty is divided, more than one state exists”. Austin's hypothesis
of sovereignty has been condemned by a few authors. As indicated by
Sir Henry Maine, sovereignty doesn't dwell in a determinate human
predominant. Based on the chronicled proof, Maine contended that in
numerous domains of the East there was nothing comparing to "the
determinate predominant of Austin". He alludes to customs in India
which controlled the individuals and rules as the same. Custom is the
result of ages and not the order of a determinate prevalent and
consequently sovereignty has never been outright.
Furthermore, Maine fought that Austin's hypothesis is conflicting with the
possibility of 'famous sovereignty'. Truth be told, it is an absolute
opposite of Rousseau's convention that General Will is sovereign.
Austin's hypothesis overlooks the force of popular assessment applied
through governing body, ideological groups, press and so forth
As the next, Monistic hypothesis of sovereignty is censured on the
grounds that it overlooks the differentiation among legitimate and
political sovereign and neglects to find the sovereign in current states.
This is basically in light of the fact that in present day states
administrative forces are split between governing body, leader and legal
executive.
Further, as indicated by critics outright sovereignty is a dream. The
sovereign might be legitimately limitless however there are consistently
political and recorded cutoff points to what he can do. The cutting edge
idea of internationalism has additionally made the Austinian hypothesis
contrary. In the worldwide circle there is no 'determinate human
predominant', for all states are equivalent just as sovereign. In this way
Austin's idea of sovereignty turns into a magnificent legend.
At last, the Pluralists condemned the Monistic idea that the different
affiliations are reliant for their reality upon the desire of the state. It is
contended on the opposite that affiliations develop normally. They have
their very own will. The Pluralists need sovereignty to be restricted in
light of a legitimate concern for different affiliations. Along these lines as
per Harold J. Laski, “because society is federal, authority must also be
federal”.
We may therefore conclude that Austin theory of sovereignty is
unrealistic and is not valid for political theory. As Henry Maine said, “a
despot with a disturbed brain is the sole conceivable example of such
sovereignty”. It is clear that Austin has disregarded the social powers
and impacts which lie at the rear of lawful sovereignty.

29
Notwithstanding, it very well might be conceded that Austin's hypothesis
stays an unmistakable and sensible piece of the lawful idea of
sovereignty.
4.4 PLURALISTIC THEORY OF SOVEREIGNTY
The Pluralistic hypothesis of sovereignty is of late beginning. It is
the after effect of the social and political advancements of the nineteenth
century particularly that of majority rule government and industrialization.
Pluralism is a response against the 'outright' or 'monistic' hypothesis of
state as given by Bodin, Hobbes, Hegel, Bentham and John Austin. The
chief exponents of the Pluralistic concept of sovereignty are Leon Duguit
(1859-1928), Hugo Krabbe (1857-1936), A.D. Lindsay (1879-1952),
Ernest Barker (1874 - 1960), Harold J. Laski (1893-1950) and R.M.
MacIver (1882-1970). According to the Pluralists “human life is
multifaceted and the state alone cannot satisfy all the needs of man. The
authority of the state is not absolute or sovereign”. Thus J.N. Figgs
called the traditional theory of sovereignty as a “venerable superstition”.
According to ‘A Dictionary of the Social Sciences’ (ed. Julius Gould and
William L. Kolb) Political pluralism alludes to those conventions which
declare that specific categories in the public eye (eg. Family, church,
association, nearby government) epitomize significant social qualities
preceding and free of their approval or endorsement by the state.
Pluralistic hypothesis of sovereignty is comprehensively founded on this
idea of Political pluralism.
As a pluralist Harold J. Laski, argued for a framework which would
perceive the total self-governance of gatherings and deny the express
any case to supreme sovereignty. To him the group is real in the same
sense as the state is and the theory of “unlimited and irresponsible state
is incompatible with the interests of humanity”. Laski doesn't utilize the
term 'sovereignty'. In its place he utilizes the term 'authority'. What's
more, expert in current majority rule state is government in nature and
separable. He was of the assessment that the idea of the sovereignty of
the state would likewise die similarly as the heavenly right of the rulers
had. To him the lone state to which one owes loyalty is the state where
he finds moral ampleness.
The contemporary state, as per Laski, is pluralistic, mindful and
established. It is order instead of overwhelming. Its force is diffused in
regional and useful gatherings. All things considered the state is a
relationship of relationship, with the unique capacity of co-appointment.
In this later work "Emergency in the Theory of State", Laski adjusts his
previous perspectives on Pluralism.

30
Here he says that the "Pluralist hypothesis doesn't enough observe the
state as an outflow of class relations in the public arena. Sovereignty, he
presently thinks, must be acknowledged as essential except if there is
socialization of method for creation and boorish society appears.
Subsequently he appoints to the express, the situation with an
organizing authority.
R.M. MacIver in his 'Modern State' censures the Legal hypothesis of
sovereignty since it talks as far as force and not of administration. To
him the origination of Monistic hypothesis of sovereignty is hazardously
bogus. He contended that the State has 'unmistakable cutoff points,
distinct forces and duties'. Affiliations are as local to the dirt of society as
the actual state. The State isn't their maker. The capacity of the State is
simply to give "a form of unity to the whole system of social relationship".
As a critique of Pluralistic theory of sovereignty, R.N. Gilchrist opined
that the logical consequence of Pluralism is chaos. To him “Pluralism is
a doctrine of disruption and revolution, for it implies that international
groups may have powers superior to those of national states”. Thus,
according to Ernest Barker, “whatever rights the groups may claim or
gain the state will still remain a necessary adjusting force”.
In nutshell, the pluralist hypothesis look to reexplore the idea of the state
as one of the few associations of people working in the public eye to get
the diverse interests of people. Taking into account this, it supported
another job for the state as a mediator over clashing cases of the
various affiliations. It additionally renounced the selective and the
supreme case of the state to a people's faithfulness. It demanded that
the state ought to contend with other human relationship to set up its
case to unrivaled power.
4.5 POWER
Power is the indispensable component in the investigation of
Political Science. Political Science truly concentrates how power is
isolated, how it is gotten, how it is held and the different manners by
which power can be communicated. Truly power can be found in all the
foundations and the relationship of society. In any case, the strength of
the power of the state is that the state can stand to employ the most
grounded power since, it can apply the severest approvals like
detainment and capital punishment.The worry of the political
examination is the investigation of power in all the structures in human
or social connection.

31
4.6 DEFINITIONS
1. “Power is ability to influence the behaviour of others in accordance
with its own ends” -Edward Shills.
2. “Power is the capacity to impose one’s will on others by reliance on
effective sanctions for non compliance” – Schwarzenberger.
Power is the ability to influence others conduct by the utilization or the
danger of the utilization of positive or negative assent. So plainly, power
is social and not close to home property. One can have power just over
others. It is from the conduct of individuals that power is evaluated.
Power is likewise situational. For instance, the speaker of Lok Sabha
who has power over the individuals from Lok Sabha with regards to
parliamentary meetings doesn't have power over different parts of their
social and political life. The tyrants use power roughly and vicious.
In each general public, where power exists man look for power. The
achievement truly relies upon the capacity of the power searcher.
Whenever power is procured the powerful attempts to acquire power.
Power once got can be utilized to accomplish an assortment of closures
like notoriety, worship, security, regard, love, riches and numerous
different qualities.
Charles Merriam was the foremost philosopher to make a definite
scholarly investigation of political power. He thought about power as the
fundamental idea of legislative issues. Power is coercive and its
definitive approval is power. Merriam's answer for the issue of political
power was its most extensive conceivable dispersion. According to
Russell, “concentration of political power is destructive to human
initiative and freedom”. He saw that men who have the propensity for
power are unsuitable for agreeable connection and negotiation.
In the opinion of Morgenthau, lust for power is common to all men. All
politics is a struggle for power. He defines political power as “The mutual
relations of control among the holders of public authority and between
the latter and the public at large”. The most effective form of political
power is the legitimized authority of the political system which makes
and implements decisions. According to Catlin, “it is human nature to
desire to have power”. To Lasswell, “political process is the shaping,
sharing and exercise of power or influence in general”. He defines
political power as, “participation in the making of decisions with severe
sanction. The exercise of power does not rest, generally on violence,
force or coercion. It may equally rest on faiths, loyalties, habits or
interests”.

32
4.7 STATE AND NATION
The word "nation" is derived from the Latin word "nation" which
means birth or race. The terms nation and state are used as synonym.
According to Leacock, “a nation is a body of people World united by
common descent and language”.
In any case, the modern writers don't underscore the racial viewpoints to
such an extent as the mental and profound. It has procured a political
significance in the new occasions.
The communities who shares normal thoughts and normally connected
by certain affinities and joined are presently called a country. Because of
state sensation of unity isn't required as of the four components
comprising the State.
Along these lines the qualification between the state and country is
clear. See the table beneath

S.NO STATE NATION

Existed not only at present but

1 Modern phenomenon
also in the ancient period

2 It is legal political In is racial cultural

People psychologically joined

People organised for law within a
3 together with common will to
definite territory
live together

People continue as a nation

4 A State must Sovereign. even if they do not remain
sovereign.

Inhabited by heterogeneous Inhabited by homogeneous

5
groups of people. groups of people.

Since the Second World War (1939 -1945) the theory of “one nation, one
state” has become the practical politics with all the nations and new
nation states have been created after the Second World War. After 1947
India became the nation state. If a nation with self - government
becomes independent, a nation state comes into existence.

33
4.8 NATIONALITY
It is important to define the term Nation before we go into the
meaning of nationality. The term 'Nation' is derived from the Latin word
'Natio' which means birth or race. Clareton says, “a nation is any group
of persons who speak a common language, who cherish common
historical traditions". Thus, we can define nation is, "a group of people
belonging to the same race, residing in a particular territory, speaking a
common language, professing the same faith and having similar history
and tradition".
The word 'Nationality' was coined during the early part of the 19th century
to describe a people held together by speaking the same language and
following the same customs. Subsequently it was used to signify
citizenship. Today it connotes any group of people who are bound by a
common bond of sentiment due to one or more of several factors such
as geography, language, race, culture, tradition, religion, economic
condition etc. Thus the term nationality may be considered as a spiritual
sentiment which provides unity among people. A nationality by attaining
unity and freedom becomes a nation. For example, Jews were a
nationality and now they are a nation.
4.9 GLOBAL ORDER
Global order implies improvement identifies with the cycle of
globalization. During the most recent twenty years, the world has gotten
profoundly between the subordinates. Today, the country state needs to
work in a related world. Data, cash, weapons, innovation, contamination,
values, radiation, food, PCs, drugs, sickness, information all stream
quickly all throughout the planet, offering the individual country states
more chances yet in addition, presenting dangers to their character.
At the same time, the job of global and very public association, for
example, UNO, World Bank, IMF, GATT and NGOs is expanding huge
amounts at a time.Its suggestions for the country state are significant.
We can no bigger analyze legislative issues inside states by accepting
that it bears no association with governmental issues between states.
The two have gotten predominantly interrelated. In this association, the
previous twenty years have seen the rise of a decent arrangement of
hypothesis about debilitating of regional power of state. Nonetheless, it
depends on living in fantasy land instead of upon noticed advancements
in global associations. The strength of country state in contemporary
legislative issues stays a reality however it doesn't imply that this
predominance will stay forever.

34
Globalization is a complex and sweeping wonder. It is a cycle that
separates the limits among the nations and gradually changes the globe
into a unit. Globalization has socio-social, monetary and political roots.
Generally, the interaction of globalization can be followed to what in
particular is known as the 'Voyages of Discovery', when Vasco da
Gamma and Columbus circumvented the globe looking for abundance
for their rulers. All in all, it started with the rise of free enterprise in
Europe around 500 years prior.
Its last advancement was as expansionism and colonialism. Attributes of
these two frameworks have been the financial misuse of subject country.
Subjectively, there is little distinction between expansionism, dominion
and globalism. At the end of the day, globalization is another type of
government.
In the provincial period, military may was regularly utilized for monetary
and political control or mastery.This occurs under present day
globalization. Regardless of whether military force isn't utilized, financial
approvals are forced, as against Cuba, Iraq and Iran. Globalization is
helped out through the arrangements of advancement, liberation and
privatization. It is considered as a significant component in the change
bundle.
4.10 PARAMETERS OF GLOBAL ORDER

The term "GLOBAL ORDER" has four parameters. These are :

 Reduction of trade barriers so as to permit free flow of goods
across national.
 Creation of an environment in which free flow of the capital can
take place among nation states.
 Creation of an environment, permitting the free flow of techno-
logy, and free movement of labour.
 R. J. Barry-'The World upside Down- Globalization and the Future
of the State'.
4.11 KEY AREAS OF GLOBAL ORDER
Another sort of territoriality and citizenship is being fashioned with
regards to worldwide economy. This territoriality and citizenship varies
from the public domain and citizenship over which the country state
appreciated selective position. Another factor which has practiced
significant effect on the topography of force is the developing
significance of electronic space in direct business interchanges. Under

35
new worldwide request, the organizations of citizenship have additionally
gone through extraordinary changes in the new settings. The job of the
state as defender and underwriter of the common freedoms has
additionally gone through critical change. State's clout in such a manner
has been in part moved to the all inclusive codes related to the basic
liberties.
LET US SUM UP
In this Unit, we have read about the meaning and characteristics
of sovereignty. We have also learnt about the various kinds of
sovereignty. At the same hive, the unit has also loped to understand the
monistic and pluralistic way of sovereignty. In the unit, we have also
learnt about the concept of power, state and nation, and global order.
CHECK YOUR PROGRESS
1. The word ‘Sovereignty’ means superanus is derived from
_________ language.
A) Greek B) French C) Latin D) Japan
2. Natio means
a) Freedom b) Rights c) Birth or Race d) Duties
3. Global order means
A) Capitalism B) Liberalism C) Communism
d) Development to the process of Globalization.
GLOSSARY
Superanus : Supreme
De Jure : Legal sovereign
De facto : Actual sovereign
Natio : Birth or Race or Place of Origin
Global order : Development relates to the process of
globalization
ANSWER TO CHECK YOUR PROGRESS
1. Latin
2. Birth or race
3. Development to the process of globalization

36
MODEL QUESTION
1. Describe the meaning of Sovereignty.
2. Distinguish between de-facto and de-jure sovereignty.
3. Critically examine the Austin’s theory of sovereignty.
4. What is difference between State and nation?
5. Discuss the concept of Global order.
SUGGESTED READINGS
1. Kapur, A.C. (2006), Principles of Political Science, S. Chand &
Company ltd, New Delhi.
2. Agarwal, R.C. (2006), Political Theory, S. Chand & Company ltd,
New Delhi.
3. Sharma, R.K (2011), Modern Political Science, DPS Publications,
New Delhi.

37
 Block II
Organisation and Functions of State

Unit-5 Origins of the State - Elements of State -

Functions of the State

Unit-6 Separation of Powers

38
UNIT - 5

ORIGINS OF THE STATE – ELEMENTS OF STATE

– FUNCTIONS OF THE STATE
STRUCTURE
Overview
Learning Objectives
5.1 The Origin of State
5.2 Elements of State
5.2.1 Population
5.2.2 Territory
5.2.3 Government
5.2.4 Sovereignty
5.3 Functions of the Modern State
5.4 Voluntary functions of the State
Let us sum up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested reading
OVERVIEW
Among the various definitions have been given regarding state but there
is no universally accepted definition of State. The Idealist theory of state
has different views compared to Marxist and Liberal Theory of State.
Therefore, the definitions and nature of state have been changing in
response to the need of the time. The generally accepted theory of the
origin of the State is that various factors like religion, financial and
Political Consciences were behind the growth of the State. There are six
major theories of how state originates are Divine Theory, Force Theory,
Patriarchal and Matriarchal Theory, Social contact Theory, Evolutionary
Theory are briefly explained in this unit along with the four elements of
state as population, territory, government and sovereignty.

39
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Analyse the origin and the theory of State.
 Understand the Important elements of State.
 Know the functions of modern State.
5.1 THE ORIGIN OF STATE

The origin of state has been the concern of political philosophers

from ancient times. It is an issue of speculation and imagination. 'How'
the state came into existence is a subject of great controversial
discussion. Prof. R.N. Gilchrist writes, "Of the circumstances
surrounding the dawn of political consciousness, we know little or
nothing from history. Where history fails, we must resort to speculation”.
Various theories have been propounded by political and historical writers
regarding the origin of state as follows:
(1) The Divine Origin Theory.
(2) The Social Contract Theory.
(3) The Force Theory.
(4) The Patriarchal and Matriarchal Theories.
(5) The Historical or Evolutionary Theory.
5.2 ELEMENTS OF STATE
An investigation of the above definitions uncover that the modern
state is established of four constituent components, specifically,
Population, Territory, Government and Sovereignty. Of these, the initial
two are actual components, the third is political and the last one is
spiritual. The four constituent components of the state are talked about
underneath:
5.2.1 POPULATION

There can be no state without individuals or human residence. While the

need of populace as a fundamental component of state is perceived,
there is no unanimity concerning its size. Plato was of the view that an
optimal state ought to have a populace of 5040. Aristotle believed that
the number of inhabitants in a state ought to be sufficiently enormous to
act naturally getting the job done and little enough to be very much
represented. The perspective on Rousseau was that 10,000 was an
optimal number. In this day and age, we have states with huge

40
populaces like India and China from one viewpoint and those with little
populaces like Monaco and San Marino.
While thinking about the number of inhabitants in a state, we need to
contemplate the number as well as the nature of individuals possessing
the state. As indicated by Aristotle, a productive member of society
makes a decent state and a terrible resident, an awful state. Again the
number of inhabitants in a state might be heterogeneous and need not
have a place with a solitary race, religion, language or culture.
Appropriately, while the size of the number of inhabitants in a state can't
be fixed, it is significant that individuals are independent to meet all their
vital prerequisites dependent on the legitimate usage of assets.
5.2.2 TERRITORY

The second fundamental constituent of a state is an area. In the event

that individuals keep on moving starting with one spot then onto the next
without having any positive region for their home, there can be no state.
The vagabonds and travelers who travel starting with one spot then onto
the next, can't be said to comprise a state. The regional purview of a
state expands over the land as well as over waterways, lakes,
mountains, minimal ocean, dirt and airborne space above it.
Notwithstanding, it is hard to choose the size of an optimal state. The
territory of San Marino has a space of 38 Sq. miles as it were. The
Vatican City under the Pope covers 108 sections of land in particular.
Then again, states like the United States of America and China have
enormous domains. Note that more than the size, it is the legitimate use
of the assets in the state which prompts its success and improvement.
5.2.3 GOVERNMENT
The third fundamental constituent of the state is the government.
Populace and region alone can't frame a state. Except if individuals of a
domain are dependent upon the control of a coordinated government, a
region can't be known as a state essentially in light of the fact that it is
occupied. The public authority is the political apparatus or association
through which the group will of the state is planned, communicated and
executed. Actually, the state works through the administrative hardware.
It is the office through which society is politically coordinated, normal
arrangements are resolved and by which normal undertakings are
managed and normal interests are advanced.
Consequently, the public authority is answerable for the upkeep
of peace and lawfulness and for the arrangement of normal
administrations like guard, issue of money, unfamiliar relations, streets,

41
extensions, transport and correspondences, water, power, wellbeing and
schooling, and so on No specific kind of government can be suggested
as fundamental. It shifts in kind and intricacy from one country to
another.
5.2.4 SOVEREIGNTY
Sovereignty is the main attribute of the state. It is the thing that
recognizes a state from the different types of human association. There
can be no state without sovereignty. Extensively talking, sovereignty
implies incomparability of the state. Sovereignty is of two types-internal
sovereignty and external sovereignty. Internal sovereignty implies that
the state is incomparable in all inward matters. It practices its
incomparability over every one of the organizations and individuals of
the state and the last need to submit to its orders. Outer sovereignty
infers that a state should be liberated from unfamiliar control.
In the event that a state is constrained by another express, the
previous will at this point don't be viewed as a sovereign state and it will
end up being a piece of the state which activities power over it. This is
the motivation behind why India before August 15, 1947, couldn't be
viewed as a state, as the nation which was heavily influenced by Great
Britain.
5.3 FUNCTIONS OF THE MODERN STATE

The functions of a state are as comprehensive as its rights. Among them

some functions are compulsory while others are voluntary. The major ones
in the compulsory category are:
1. Defense against foreign attack: The most urgent function of a state is
defense of the country against foreign attack. It must make adequate
preparations in the form of weapons and land, sea, and air forces. It
must take special notice of things which can create the danger of attack
from other countries.
2. Internal peace and security: The policy of a state at home is quite as
important as is its foreign policy. It is the prime duty of the state to
maintain internal peace and security. An increase in communal riots,
thefts, cases of dacoity and rebellion can endanger the existence of the
state itself. The state maintains peace and order through police and
army.
3. Protection of the rights of citizens: In every state the citizens
possess certain rights like rights of life, property, freedom of thought etc.
It is incumbent upon the state to protect these rights, or which it must

42
 formulate essential laws, arrange for proper administration, and
organise justice.
4. Justice: In this way justice is a compulsory function of the state. This
provides for obedience of laws in the state, maintains order and protects
the rights of everyone.
5.4 VOLUNTARY FUNCTIONS OF THE STATE

Besides these compulsory functions of state, the following are its voluntary
functions:
1. Education: In the modern age, all states consider it their duty to make
adequate arrangement for the education of their citizens. A state of
uneducated citizens can never progress. Thus, the state decides for
primary schools and colleges and universities so that higher education
in sciences agriculture and the humanities may become possible.
Arrangements are made for adjoining research centres, libraries, zoos,
store houses and art classes etc. Efforts are made to provide free
primary education. Capable students are awarded scholarships by the
state. But the state should avoid unnecessary interference in
educational centres.
2. Health: Along with education, modern states try to provide for the
protection of health. Provision is made for sanitation, hospitals, free
medicine, vaccination, and essential energizing foods for the poor.
Medical colleges are opened to end the dearth of capable doctors.
Government research centres and training schools for nurses are
opened.
3. Protection of the old, poor, and invalid: Modern states have also
begun deciding for the old, impecunious unemployed and invalid
citizens. They are given financial aid. The old people are given pension.
The facility of insurance insures the security of everyone. Orphanages
and homes for destitute are created.
4. Arrangement of Public Welfare services: The state organizes the
railways, postal and telegraphic facilities, wireless, etc. it is the duty of
the state to plan for means of transportation such as buses, railways,
airplanes, and ships etc.
5. Social and Economic improvement: Another of the state’s duties is
affecting social and economic improvement. The state lays down laws
against harmful customs and makes necessary arrangements for their
enforcement.
6. Encouraging trade and industry: It is also the duty of the state to
encourage trade and industry and to develop it as well. Almost
everywhere in the world, it is the state which controls economic system

43
 and the mint. It is the state which standardizes the standards of
measurement and weighing. The country cannot benefit by international
trade if it does not make the proper law for import and export. The state
should establish factories of the key industries to implement and initiate
other industries in the country. The state should also encourage cottage
industries.
7. Organization of labour: The state should direct its efforts to the
improvement of conditions of labourers and lay down rules to obviate
the probability of their exploitation. It is the responsibility of the state to
make efforts towards labour welfare.
8. Proper use of natural resources of the country: A country can
become powerful by land, forests, rivers, minerals, and agricultural
products. Maximum benefit should be extracted from them. On this
subject, the state should direct the necessary precautionary measures,
research and search for new mineral products and lay down laws for
the utilization of forests, mines, land etc.
9. Arrangement of recreation: To maintain the novelty and excitement in
the life of the public the state should provide means for recreation. For
this film industry, dramatic societies, etc. ought to be encouraged.
Actually, the function of a modern state is not merely administration but an
integral welfare and development of its subjects. Thus, its functions have
been aggrandized. The turbulence of local situations does make an
appreciable though slight alteration in them, while different political schools
of thought have recognized different functions of the state. Thus, nothing
final can be said upon this subject. The only theory which can be
universally acceptable is that the state should functioning a manner
calculated to add to public welfare, but the scholars differ in their opinions
about that in which lies this public welfare. It is here that the guidance of
ethics is needed. Ethics is to determine the supreme and ultimate objective
of the individual. The state shall collect the means to the attainment of this
ideal. As an example, the supreme ideal of an individual is self-realization
or an integral development. Thus, it is for the state to utilize the means to
his physical, mental, and spiritual development.
LET US SUM UP
In this Unit, we explained the origin of State. The Political writers
have propounded various theories concerning the prehistoric origin of
the State. The theories are: The divine origin Theory, force Theory,
patriarchal and matriarchal Theory, Social contract Theory, and
Evolutionary Theory. The State has four essential elements. These are
population, territory, government, sovereignty. The first Two elements

44
constitute the physical or material basis of the state while the last two
form its political and spiritual basis.
CHECK YOUR PROGRESS

1. According to Plato, the Population of the State should be about

a) 3000 b) 5040 c) 6000 d) 7000
2. Which of the following are the four elements of State?
a. Government, territory, Population, association.
b. Association, sovereignty, territory, population.
c. Army, territory, population and sovereignty.
d. Population, territory, Government and sovereignty.
3. Which one of the following is the oldest theory regardip the origin
of State.
a) Force Theory b) Patriarchal Theory
c) Social contract Theory d) Divine origin Theory.
GLOSSARY

State : Territorial Society.

Government : Agency through which state Functions
Separation of powers : Three branches of government are separated.
ANSWER TO CHECK YOUR PROGRESS
1. 5040
2. population, territory, Government and sovereignty
3. Divine origin Theory
MODEL QUESTION
1. Discuss the origin of the State.
2. Describe the elements of the State.
3. Explain the functions of the State.
SUGGESTED READINGS

1. Agarwal, R.C. (2006), Political Theory, S. Chand & Company Ltd.,

New Delhi.
2. Kapur, A.C. (2006), Principles of Political Science, S. Chand
&Company Ltd, New Delhi.
3. Mahajan, V.D. (2006), Political Theory,S.Chand & Company Ltd,
New Delhi.

45
UNIT - 6

SEPARATION OF POWERS
STRUCTURE
Overview
Learning Objectives
6.1 Theory of Separation of Powers
6.2 Montesquieu Theory of Separation of Powers
6.3 The Constitution of United States of America and the
Doctrine of Separation of Powers
6.4 Arguments against the Theory of Separation of Powers
6.5 Value of the Theory of Separation of Powers
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW
Division of Power implies there is no connection between any organs of
the public authority. Each organ like authoritative, chief and Judiciary
has its own force and they can partake in their force uninhibitedly. Then
again Division of Power implies circulation of force among the different
organ of the public authority like Central to State, State to region, and
region to town. In this cycle everybody can partake in a certain level of
force. In this unit, we will deal about the theory of separation of power,
arguments against the theory and values added to stengthening of the
theory.
LEARNING OBJECTIVES

After going through this unit, you will be able to

 Understand the Montesquieu’s theory of seperation of powers.
 Know the Doctrine of seperation of powers in the U.S.A.
 Examine the Value of the Theory of Separation of Powers.

46
6.1 THEORY OF SEPARATION OF POWERS
The theory of separation of powers deals with the functional
division of powers between the three organs of the government, division
the legislature, the executive and the judiciary. Though, the theory of
separation of powers is associated with the French philosopher,
Montesquieu, the need for division of governmental authority was
recognized by early political thinkers such as Aristotle and Cicero.
Aristotle in his famous treatise 'Politics' divided the powers of the
government into deliberate (legislature), magisterial (executive), and,
judicial. Jean Bodin and John Locke also emphasized on the separation
of powers to prevent the abuse of power. It was Montesquieu who gave
a well-knit theory with the central theme of separation of powers in "The
Spirit of Laws' published in 1748.
The theory of separation of powers seeks to make a distinction in the
functions of the government and to limit each department to its own
sphere so that each department has maximum autonomy within its
allotted jurisdiction. Each department is entrusted to a separate body of
persons. The main objective of this theory is to preserve political liberty
by preventing the abuse of power. Montesquieu observed that,
"Constant experience shows us that every man invested with power is
apt to abuse it and to carry his authority until he is confronted with
limits." Amal Ray writes, "Montesquieu's theory is based on an intelligent
evaluation of man's power psychology." The theory of separation of
powers recognizes the equality of powers of all the three departments of
government-executive, legislative and judicial. Montesquieu was of the
view that separation of powers of the different organs of the government
resulted in stability and efficiency in any country.
It is, however, interesting to note that Montesquieu cited the cabinet
system in England as an example of separation of powers. In this
Montesquieu was not correct. In the cabinet system, the legislature and
executive are closely related. The members of a executive are also
members of the legislature. Moreover, there was no separation of
powers in England at that time.
6.2 MONTESQUIEU THEORY OF SEPARATION OF POWERS
Montesquieu’s theory of separation of powers is best explained
in his own words: "When the legislative and executive powers are united
in the same person, or in the same body of magistrate there can be no
liberty, because apprehensions may arise lest the same monarch or
senate should enact tyrannical laws, and execute them in tyrannical
manner.

47
 Again, there is no liberty if the judiciary power be not separate
from the legislative and executive. Were it joined with the legislative, the
life and liberty of the subject would be exposed to arbitrary control for the
judge would then he the legislator. Were it joined to the executive power,
the judge might behave with violence and oppression. There would be
an end of everything, were the same man or the same body. To exercise
those three powers, that of enacting laws, that of executing the public
relations, and of trying the cases of individuals.
Later Blackstone in his ‘Commentaries on the Laws of England' wrote,
"In all tyrannical governments, the supreme magistracy or the right both
of making laws and of enforcing them, is vested in one and the same
man, or one and the same body of men; and wherever these two powers
are united together there can be no public liberty." The English jurist
wrote again in 1788 "The accumulation of all powers, legislative,
executive and judicial, in the same hands, whether of a few or many,
may justly be pronounced the very definition of Tyranny."
The principle of partition of forces has three ramifications. Right off the
bat, that similar individual or people ought not hold at least two various
types of forces Secondly, that one organ of the public authority ought not
meddle or control another organ, and, thirdly that one organ should
practice just a single sort of force.
Montesquieu believed that the rule of law could only be achieved
through the separation of governmental powers. It was the most
effective device to limit political power. The theory of separation of
powers has been supported as a doctrine of freedom.
6.3 THE CONSTITUTION OF UNITED STATES OF AMERICA AND
THE DOCTRINE OF SEPARATION OF POWERS

There is profound influence of the doctrine of separation of powers on

the American Constitution. According to Finer, "The American
Constitution was consciously and elaborately made an essay in the
separation of powers and is today the most important policy in the world
which operates upon that principle."
The connection among executive and the legislative as set up by the
constitution of the United States of America shows particular use of the
convention of division of forces. The executive forces are vested in the
President. He isn't an individual from the Congress. He doesn't go to the
meeting of the Congress. He can't break up the Congress before the
expiry of its term. The President cannot initiate legislation.

48
The tenure and or the vice conditions of the judges are beyond the
jurisdiction of the executive. The Congress can't pose inquiries from the
individuals from the executive.The Congress cannot pass a vote of no-
confidence and vote the executive out of office. The President completes
his term. He can only be removed by impeachment.
The founding fathers of the American constitution knew that it was
impractical to apply an absolute separation of powers. Hence, they
introduced modifications in the doctrine of separation of powers by
setting up a system of 'checks and balances. This system empowers the
President to veto any legislation passed by the Congress. He can also
participate in the legislative procedure by sending messages to the
Congress. On the other hand, the Congress can carry out
impeachmentproceedings against the President by two-thirds majority.
The Senate can ratify or refuse treaties and appointments made by the
President. The Supreme Court through its power of judicial review also
participates in the legislative functions.
It is important to note that most scholars are of the view that
Montesquieu stood for a limited separation of powers. G.H. Sabine
explains Montesquieu's doctrine in these words, "Montesquieu did not
really contemplate an absolute separation of the three powers; the
legislature ought to meet at the call of the executive; the executive
retains a veto on the legislation: the legislature ought to exercise extra-
ordinary judicial powers."
6.4 ARGUMENTS AGAINST THE THEORY OF SEPARATION OF
POWERS
The use of outright detachment of forces isn't attainable. The public
authority is a natural solidarity. Its different organs are firmly identified
with one another: The organs of the public authority, in particular, the
chiefs, council and legal executive can't be totally isolated from one
another.Rigid application of separation of powers among the organs of
the government is neither feasible nor desirable. It creates isolation and
disharmony. The spirit of co-operation between departments is lost.
J.S. Mill is of the opinion that complete separation would lead to
deadlocks in the system. This would result in inarticulation and
inefficiency. MacIver rightly remarks, "What is needed is not the
separation of the functions, but, their proper articulation; only thus can
the responsibility be wedded to efficiency.”The doctrine of separation of
powers is based on the equality of powers of all organs of government.
Most scholars do not agree with this contention. Professor MacIver holds
that the legislative function is supreme.

49
Laski says, "the powers both of executive and judiciary find their limits in
the declared will of the legislative organ”.Separation of powers among
government may also result in confusion, jealousy and suspicion,
jealousy and suspicion.
The raison d'etre for separation of powers is safeguard of individual
liberty. Experience, however, shows otherwise. The people of England,
under a cabinet system, enjoyed more liberty than the Americans
between the two World Wars. Hence, it cannot be maintained that liberty
depends on the device of separation of powers.The growth of political
parties has rendered the doctrine of separation of powers meaningless.
The political party which is in power controls the executive and the
legislature as well.
Dr. Finer regards separation of power as confusion of power. "There is
no co-ordination. Responsibility cannot be fixed at one place."The
communists and the fascists have discarded the theory of separation of
powers. They insist on the unity of power. They regard the theory as a
bourgeois principle which is unnecessary in a homogeneous state.
6.5 VALUE OF THE THEORY OF SEPARATION OF POWERS

It makes the judiciary independent of the executive. The separation of

the judiciary from the executive is the most significant contribution of the
doctrine of separation of powers. The liberty of the individuals is assured
by an independent and impartial judiciary. The citizens of United States
of America are assured of their freedom because of an independent and
impartial judiciary rather than because of separation of powers between
the Congress and the President.The theory of separation of powers
increases with the administrative efficiency of the government.When
each department works in its own specific field, each one achieves
competence and specialization.
LET US SUM UP
In this unit, we explained the separation of powers and Division of
powers. Separation of power is most closely associated with the political
systems, in which the legislative, executive, and individual powers of
government are nested in separate bodies. Division of power is first split
between the public and the state and the neighborhood government
under a framework known as federalism. At the administrative level, the
constitution again splits power between the three significant parts of our
central government the authoritative, the leader and the legal.

50
CHECK YOUR PROGRESS
1. The concept of ‘Separation of Powers’ was given by
A) Montesquieu B) Machiavelli C) Bentham D) None of these
2. The Spirit of laws written by
A) Laski B) J.S.Mill C)Hume D) Montesquieu
3. What is an example of division of powers?
a) USA b) Germany c) Srilanka d) Israel
GLOSSARY
Federation : In a country where one central
government and number of state
governments.
Separation of Powers : Separation of three branches of
government.
Clead look : Unable to solve the problem.
ANSWER TO CHECK YOUR PROGRESS

1. Montesquieu
2. Montesquieu
3. USA
MODEL QUESTION
1. What is meant by separation of powers?
2. Analyse theory of Separation of Powers.
3. What is the division of power in a Government?
SUGGESTED READINGS
1. Agarwal, R.C. (2006), Political Theory, S.Chand & Company ltd,
New Delhi.
2. Kapur, A.C. (2006), Principals of Political Science, S.Chand
&Company ltd, New Delhi.
3. Mahajan, V.D. (2006) Political Theory, S.Chand & Company ltd,
New Delhi.

51
 Block III
Theories

Unit - 7 Theories of State: Divine Theory - Force Theory -

Patriarchal and Matriarchal Theory
Unit - 8 Social Contract Theory- Evolutionary Theory

52
UNIT - 7

THEORIES OF STATE: DIVINE THEORY – FORCE THEORY

PATRIARCHAL AND MATRIARCHAL THEORY
STRUCTURE
Overview
Learning Objectives
7.1 Theories of the State
7.2 Divine Theory
7.2.1 Criticism of Divine Theory
7.3 The Force Theory
7.3.1 Criticism of the Force Theory
7.4 The Patriarchal Theory
7.4.1 Criticism of Patriarchal Theory
7.5 The Matriarchal Theory
7.5.1 Criticism of Matriarchal Theory
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW

There are basically Six theories that describe the origin of State, namely
Divide theory, force Theory, Patriarchal and matriarchal theory, Social
contract Theory, Evolutionary theory. The most established hypothesis
about the beginning of the State is the separation beginning hypothesis.
It is otherwise called the hypothesis of the heavenly right of lords. The
lord who rules over the State is an offspring of God on earth. For the
hypothesis is the way toward building up another administration or
country using power. Patriarchal Theory is a Social organization where
father is the authority. In the family, that follows the matriarchal Theory is
a social organization where mother is the head of the family. This unit
covers the various theories of origin of state and their role in the
contemporary world.

53
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand the Divine theory of State.
 Explain the force theory of State.
 Examine the patriarchal and matriarchal theory of State.
7.1 THEORIES OF THE STATE

Political thinkers and philosophers have tried and attempted to trace out
and explain the origin of the state in various methods, according to the
nature and the social condition prevailed at the time of their thinking.
However, there is no valid answer to “what is the origin of the state”?
There were many contradictions in the thesis on what the origin of
States. Nowhere in the history has it been recorded when the state
came into existence.
There were various beliefs regarding the origin of the state, some
believe that the origin of the state lies in the hands of God whereas
others believe that they are based on social contract and some trust on
single force, the family, or the process of evolution. The research
anthropology ethnology and comparative philosophy had tried to focus
on the origin of the state, but it was not adequate.
Prof. R.N.Gilchrist aptly mentioned that “of the circumstances
surrounding the dawn of the political consciousness, we know little or
nothing from history, where history fails, we must restore to speculation”.
Historical method and evolutionary course of action failed to prove when
mankind originally came under the control of state. It is only the
imagination of the political scientist and historical researchers that
various elements which might have made contribution for the origin of
the state. As such, there was no agreeable and acceptable conclusion
among the political thinkers regarding the fundamental question of origin
and establishment of state. As a result, there were various theories
concerning the primary or prehistorical origin of the state propounded by
the political scientists and historical researchers.
7.2 DIVINE THEORY
According to this theory, the State is the march of God on earth.It
is the oldest theory regarding the origin of state.The Jews were the chief
exponents of the Divine Origin Theory. According to the Jews, “The King
owes responsibility to God alone for his acts”. The State is created by
God himself. It is stated in Mahabharata, that, when anarchy prevailed in
the beginning of the world, the people prayed to God to come to their

54
rescue. The Greeks and the Romans regarded state as a divine
institution. The Old Testament and the Church fathers greatly influenced
the writers of the medieval ages who used this theory, sometimes to
assert the supremacy of the Church over the State, and sometimes to
establish the supremacy of the State over the Church.
The theory received great impetus by the Protestant Reformation. The
Hindu thinkers believed that the state was divine. Even the Muslim law
regarded the King as a shadow of God.It was believed by the supporters
of Divine Origin Theory that the king was given the power to control and
govern the people by the supreme power ie., God. In the Bible, it is
stated: "Let every soul be subject unto higher powers. For there is no
power but of God; the powers that be are ordained of God." The Divine
Origin Theory propagated non-resistance to the authority of the- ruler.
Gradually, this theory took the form of the Divine Right Kings, especially
in England during the sixteenth and seventeenth century. The first Stuart
King James I said "Even a King is wicked, it means God has sent him as
a punishment for people's sins and it is unlawful to shake off the burden
which God has laid upon them." Again "Kings are justly called Gods for
they exercise a manner of resemblance of divine power upon earth."
According to Gettel, "During a large part of human history, the State was
viewed as a direct divine creation and its government was theocratic in
nature." The Divine Origin theory upheld the following principles:
(a) The King is the embodiment of wisdom.
(b) The King is responsible only to God.
(c) The King is given his power by God.
(d) Kingship is hereditary.
(e) The people must surrender unconditionally to the authority of the
King.
(f) The people have no right to judge the King, for any of his acts.
The Divine Origin theory lost support among political thinkers by the end
of the eighteenth century. It was completely as rejected by Grotius,
Hobbes and Locke.
7.2.1 CRITICISM OF DIVINE THEORY

1. The Divine Origin Theory does not appeal to reason and

commonsense.
2. It justified monarchy and despotic rule.

55
3. It supported unlimited power of the king and denied liberty to
individuals.
4. There is no historical evidence of divine origin of the state.
5. The social contract theory which attributed political institutions to
the idea of consent was a blow to divine origin theory.
7.3 THE FORCE THEORY

The force theory of the origin of state, like the divine origin and
social contract theories, advocated the historical origin of state and also
its rational justification.
According to this theory, state is the result of aggression. Force is the
basis of the state. War begot the state.' The main profounder of this
theory are Jenks, Bernhardi, Treitschke, Oppenheimer etc. Treitschke
maintained that “the state is the power of all offence and defence, the
first task of which is the making of war and the administration of justice”.
According to Bernhardi, "the supreme right and the dispute as to what is
right is decided by the arbitration of war”. War gives a biologically
decision, since its decision rests on the very nature of thing Even
Herbert Spencer advocated the principle of the “survival or the fittest”.
The Force theory implies that the origin of state can be traced to the
capture and submission of man by man, or in other words, domination
acquired by superior physical force. According to Jenks, "all political
communities of the modern age owe their existence to successful
warfare." Again, "a state was founded when a great leader, with the help
of soldiers, was able establish his authority over a certain territory. Later
on, he extended his authority over the neighbouring areas. It was in this
way that a state came into existence." (History of Politics) Bluntchilli says
that, “force is an essential element in the organization of the state”.
According to the proponents of this theory there are various stages in
the development of state.Firstly there is a continued process of
aggression. The conquerors captured those who are defeated.Secondly,
the weaker are enslaved and exploited.In the third stage, there is co-
operation between the conquerors and conquered for mutual
benefit.Next stage is of unity and patriotism. A government is formed for
the settlement of disputes.And, lastly, state is established. The military
leaders become kings. They provide law and order, and continue the
process of expansion.
The force theory glorifies war. It maintains that it is during war that
discipline, patriotism and unity come to the fore.This hypothesis was
utilized by the German scholars to legitimize the position and power of

56
the state. It was supported by the Church during the middle age ages to
demonstrate that while the Church was the realm of God, state was the
aftereffect of power and carnage. The individualists utilized this
hypothesis to confine the exercises of the state to war and gained the
support of the rule of law.
7.3.1 CRITICISM OF THE FORCE THEORY

1. To regard the element of 'force' as the only factor responsible for

the evolution of state is not correct,
2. Force alone cannot account for the continuance of state, Might
without right can at best be only temporary. Abraham Lincoln
remarked, Victories by force are short-lived'.
3. Rights cannot be created by force. Rights like the state are
founded in the nature of man.
4. Will, not force, must be the basis of state. Kant says, population of
devils would find it to their advantage to establish a coercive state
by general consent."
5. The theory does not give emphasis to the element of cooperation
in a society,
6. The theory glorifies war and justifies absolutism of state.
7. The theory of force is a blow to the international principles of
eliminating force and war.
7.4 THE PATRIARCHAL THEORY
The concept of this theory can be traced to the Greeks. Aristotle
believed that the state owes its origin to the natural institution of 'family'.
State is the family writ large.Sir Henry Maine is the chief advocate of this
theory. Published in 1861, his book Ancient Law' and in 1875 Early
History of Institutions' propounded the theory that the state is extension
of the family.
According to Maine, "The elementary group is the family,
connected by common subjection to the highest male ascendant. The
aggregation offamilies form the gens or house. The aggregation of
houses makes a tribe. The aggregation of tribes constitutes the
commonwealth. Among the Hebrews, the eldest male in the family held
supreme and despotic powers over other members of the family. In
Rome, the head of the household held unlimited powers. He completely
controlled the family and at the same time he was vested with extensive
responsibility. In India the male head of the family took decisions, and
ensured the security and prosperity of the entire family under the joint
family system”.

57
Duguit has also supported the patriarchal origin of state. He identifies a
family with a small state in which the members are governed by the
father.
The patriarchal theory of state is based on assumptions.
(a) That permanent marriages and blood relationship were three
essential features of the patriarchal families.
(b) The head of the family held ultimate authority n other members of the
family regarding their religion conduct the business affairs.
(c) That descent was traced only through males from the same ancestor.
The viewpoint of MacIver is a little different. According to him, family is
the basis of government, rather than a state wherever the family exists-
government already exists.
7.4.1 CRITICISM OF PATRIARCHAL THEORY
1. According to modern researches in various disciplines it is held
that patriarchal families were not universal. McLennan is of the
view that the matriarchal family came prior to the patriarchal family.
2. Jenks says that the earliest and primary group was the tribe'. Then
came the 'clan' and finally the family.
3. The patriarchal theory is more close to describing the gradual
origin of early society It does not deal adequately with the origin of
the state.
7.5 THE MATRIARCHAL THEORY
According to the exponents of this theory, the state originated not
in the primary institution of family but unorganized tribes (horde). The
chief advocates of this theory are Morgan in Studies in Ancient Society
in (1877), McLennan in Primitive Society' (1865), and Jenks in A History
of Politics' (1900). These scholars are of the view that polyandry was the
early type of marriage i.e., one lady having a few spouses. These
relationships were not lasting. Subsequently, there was no normal male
head. Connection could be followed distinctly through females. Maternity
is a reality, paternity an assessment'. In such matriarchal families,
progression of property was through the female line. Jenks has upheld
the matriarchal hypothesis by alluding to an Australian crude society
where the essential social unit was a gathering addressed by the
indication of some normal article like a creature or a tree (emblem).

58
 Relationships couldn't be held among individuals of a similar
symbol. At the point when a man wedded into another symbol he
wedded every one of the ladies of that emblem in his own age. The main
features of this theory are,
a) in matriarchal society marriages were temporary,
b) kinship was traced through females; and
c) maternal authority was established over property and power.
J.J. Bachofen is of the view that women, in matriarchal societies, played
a dominant role in body politic.
7.5.1 CRITICISM OF MATRIARCHAL THEORY
1. Women, in the matriarchal societies can be regarded as the agents
of transmission, not the weilders of power.
2. Matriarchal society cannot be regarded as universal, It may have
only existed in some parts of the world.
3. The matriarchal theory is based more on sociological genesis than
political origin.
4. The theory is more of an explanation of the origin of a family than
that of a state.
It can be held that no single form of the primitive family or group can be
considered to have led to the establishment of a state.
LET US SUM UP

In this unit, we explained the Theories of State as Divine Theory

includes the claim that morality is ultimately based on the commands or
character of God, and that the normally right action is the one that God
commands or requires. According to force theory, the State is the result
of superior physical forces. It originates in the subjugation of the weaker
section by a stranger. Patriarchal Theory is a Social system in which
men hold the primary power and predominates in roles of political
leadership, Noralaul theory, social privilege and control of property.
Matriarchal Theory is a Social system in which female hold the primary
power position in roles of political leadership, moral authority, social
privilege and control of property.
CHECK YOUR PROGRESS

1. The Divine origin Theory of State holds

a) The State was created by a saint named Divine
b) State was created by God
c) State was created by majority vote
d) State was created by the people

59
2. In modern times the force theory found a strange advocate in
a) Lenin b) Hitler c) Winston Churchill
d) Mahatma Gandhi
3. The patriarchal theory of the origin of State holds that
a) The eldest made member was the head of the family
b) The eldest female member was the head of the family
c) The king was the aged of God on the earth
d) None of the above
4. According to the matriarchal theory the head of the family was
a) The eldest male member
b) The eldest female member
c) Nominated by the king
d) Nominated by the Chief Priest
GLOSSARY
Divine origin Theory : The state is created by God.
Patriarchal Theory : Rule of the Fathers.
Matriarchal Theory : A Society Politically led by females.
Force Theory : Domination acquired by physical force.
ANSWER TO CHECK YOUR PROGRESS
1. State was created by God
2. Hitler
3. The eldest made member was the head of the family
4. The eldest female member
MODEL QUESTION

1. Write a Criticism of divine origin theory.

2. What is first theory in origin of State?
3. What is the difference between patriarchal and matriarchal Theory
of State?
SUGGESTED READINGS
1. Kapur, A.C. (2006) Principles of Political Science, S.Chand
&Company ltd, New Delhi.
2. Mahajan V.D. (2006) Political Theory, S.Chand & Company Ltd,
New Delhi.
3. Agarwal, R.C. (2006) Political Theory, S.Chand & Company ltd,
New Delhi.

60
UNIT - 8

SOCIAL CONTRACT THEORY – EVOLUTIONARY THEORY

STRUCTURE
Overview
Learning Objectives
8.1 The Social Contract Theory
8.2 Thomas Hobbes’ Theory of Social Contract
8.3 John Locke’s Theory of Social Contract
8.4 Jean Jacques Rousseau’s Theory of Social Contract
8.5 The Evolutionary or Historical Theory of Origin of State
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW
The Social contract hypothesis is of the speculations of the
beginning of the State. This theory states that the Society or the State
cares into being by a contract that was made between the individual and
the Society or the contract that was made among the distinct individuals.
Assessment Theory clarifies the State is the result of grown, a gradual
assessment clarified over a significant stretch of lire and at last molding
itself into the perplexing construction of a cutting edge state. In this unit
we will discuss about the social contract and evolutionary theory and its
contribution to the political theory.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand the concept of social contract theory.
 Explain the concept of evolutionary theory of state.
 Analyse the contribution of these theories in contemporary society.

61
8.1 THE SOCIAL CONTRACT THEORY
Regarding the origin of the state, the Social Contract Theory
holds that the state is the outcome of a contract, or an agreement made
by people among themselves. This theory considers the state of nature
as the original condition of mankind. In the state of nature, there was no
organization or authority to regulate human behaviour and their
relationship with one another. To escape from such a deregulated life,
people felt the need of some sort of authority or civil society where
everyone could lead a life of stability and peace. So, the people entered
into a contract or agreement which was deliberate and with this, the
state came into existence. Thus, according to the social contract theory,
the state is a human institution and an outcome of a contract among
people. The state is created by the people for their welfare. Thomas
Hobbes, John Locke and Jean Jacques Rousseau are the main
exponents of the Social Contract theory.
8.2 THOMAS HOBBES’ THEORY OF SOCIAL CONTRACT
In his book “Leviathan” (1651), Thomas Hobbes, an English
political philosopher, discussed the origin of the state through the theory
of social contract. According to him, prior to the emergence of the state,
people lived in the state of nature. According to Thomas Hobbes, the
state of nature was both pre-social and pre-political. Thomas Hobbes
depicted a very negative picture of human beings living in the state of
nature. In the state of nature, human beings by nature were poor, nasty,
brutal and selfish. Human beings had no sense of what is right or what is
wrong. Principles of law, justice and tolerance were absent and fraud
and force were the basic principles in the state of nature. Everyone was
an enemy of everyone else and people lived in the fear of constant war.
However, with the passage of time, to get rid of such type of
miserable life in the state of nature, people themselves entered into a
contract to form a civil government. Under this contract, people
surrendered their natural rights, except the right to self preservation, to a
person or a group of persons who remained as sovereign. The
sovereign was not a party to the contract. He was not subject to any
conditions and possessed unlimited power. The sovereign was
responsible for the protection of the lives and rights of the people. And
since the people had voluntarily entered into the contract, they had no
right to break the terms of the contract. People had no right to revolt
against the sovereign. The sovereign was the only source of law and his
commands were considered as laws.

62
 According to Hobbes, “power and authority of the sovereign
under this social contract was absolute, inalienable, indivisible and
unlimited”. Thus, Hobbes was of the view that a contract among people
led to the establishment of a state and sovereign authority.
8.3 JOHN LOCKE’S THEORY OF SOCIAL CONTRACT
English political philosopher John Locke who was and another
exponent of the Social Contract theory, through his book “Two Treatises
on Civil Government” (1690) explained the emergence of the state.
Locke was also of the view that people lived in the state of nature prior
to the emergence of the state. Locke opined that the state of nature was
pre-political. But regarding the nature of human beings, his views were
different from those of Hobbes. According to Locke, people lived in
peace without any fear of warfare in the state of nature. They enjoyed
equal rights and liberties. There was mutual cooperation and
understanding among the people. There was the presence of natural
laws in the state of nature. But during that time there was no law court or
judge to interpret the laws.
As a result, people interpreted laws in their own way which
ultimately fulfilled their self interest. This created problems like anarchy
in the state of nature. To get rid of this problematic situation people
entered into two contracts as one is the civil contract and the other is the
governmental contract. The state came into existence as a result of
these two contracts.
At the first stage, the people formed the civil society whereby the people
agreed to respect one another so as to live in peace and harmony. They
did so by surrendering some of the natural rights (except for the right to
life, right to liberty and right to property) that they enjoyed against one
another in the state of nature. This is the civil contract.
At the second stage, people pledged to obey one person or assembly of
persons in the form of the king or the sovereign authority indicating the
government or the state, which in turn was empowered to protect the
right to life, the right to liberty and the right to property of the people. If
the sovereign authority failed to protect these rights, the people would
have the right to remove the government from power. This is the
governmental contract. Thus, according to Locke the sovereign authority
was not absolute and it was responsible for ensuring the protection of
the people.

63
8.4 JEAN JACQUES ROUSSEAU’S THEORY OF SOCIAL
CONTRACT
Jean Jacques Rousseau, the great French philosopher, another
prominent advocate of the social contract theory, in his book “The Social
Contract” (1762) discussed the origin of the state. Like the other
advocates of the social contract theory, Rousseau also held that prior to
the formation of the state; people lived in the state of nature. In the state
of nature, people led their lives peacefully with unlimited liberty. There
were no competition and conflict among people. There was equality
among the people in the state of nature.
The concept of personal property or the question of right and
wrong were absent in such a state of nature. However, with the passage
of time, population in the state of nature increased and the idea of
private property also came into existence. This led to disputes and
conflicts in the state of nature. People became selfish and they began to
hate each other. To get rid of such miserable condition of the state of
nature, people entered into contract among them and that led to the
formation of a civil society. People surrendered all their natural rights to
themselves or to the community and not to some other higher person or
group of persons to be considered a sovereign authority. So the people
themselves remained sovereign. Thus, according to Rousseau,
sovereign authority remained with the community or the common
people. This sovereign authority of the community is indivisible and
inalienable.
Rousseau used the term general Will to indicate the sovereign power of
the people and basically, he emphasized popular sovereignty through
his theory of social contract. Rousseau opined that people
unconditionally surrendered all their rights to the will of the community.
People surrendered all their rights to the community for their own
welfare. The majority will is reflected in the General Will. So, General
Will is for the general welfare. The General Will is indivisible, inalienable
and permanent.
By discussing the above mentioned views of Hobbes, Locke and
Rousseau, it can be said that the social contract theory firmly holds that
state came into existence as a result of a contract concluded between
the people and the sovereign at a particular period in history.

64
8.5 THE EVOLUTIONARY OR HISTORICAL THEORY OF ORIGIN
OF STATE
According to the historical theory, the origin of state can be
attributed to a number of factors. Just one cause cannot explain the
origin of all states. This is the most acceptable theory regarding the
origin of state. The historical theory denies that the state was created by
God or that it was the result of one force Prof. Garner says "the state is
neither the handiwork of God, nor the result of superior physical force,
nor the creation of a contract, nor a convention or mere extension of
family." (Political Science and Government). Again, "The state is á
growth end evolution and not an artificial product." The state is a natural,
gradual and evolved institution. It was not created by man at any given
point of time.
Aristotle stated, "State comes into existence for the sake of life and
continues for the sake of good life." The state is a product of continuous
development of human society. Verges has pointed nut that state is the
gradual realization of universal principle of human nature. From
imperfect and a crude beginning as some form of an organization, it has
become a perfect and universal organization.
The origin and development of the state can be attributed to a
combination of many factors which acted simultaneously.
(i) Kinship (ii) Religion, (iii) Force, (iv) Economic. (v) Political
Consciousness
8.5.1 KINSHIP

Family is the basic unit of kinship. The blood relationship is the

bond which brought the family members together. True authority in a
family rested with the eldest member, either on the basis of age or
respect or experience. The family could have been patriarchal or
matriarchal, the practice could have been polygamy or polyandry. What
is more significant is that the blood bond accepted the authority as
legitimate. This later extended wider. Several families formed a clan and
authority of the eldest passed into the power of the chief, Gradually, it
led to the ‘reaction of society’.As MacIver puts it, "Kinship creates
society and society at length creates the state."
8.5.2 RELIGION
Another factor which contributed in the emergence of state was
religion. Religion was more powerful since it brought people together on
the basis of common worship. It created a sense of social solidarity.

65
Religion taught the early man discipline and submission. It reinforced a
sense of unity and accustomed them to authority and obligation. This
explains the close relation between religion and politics since the early
times till today. The influence of religion on politics and government has
been very significant throughout history.
8.5.3 FORCE

War and the use of coercive force facilitated the creation of state.
The expansion of families into tribes’ clans brought forth the necessity of
social control. Individual leadership was established and this leader had
the power to force. Organized use of force was also required to chock
aggressions from other tribes. Gettel is of the view, War begot the king.
Force was a very significant factor in establishing the authority of
political organizations.Prof. MacIver is of the view that “the emergence of
state is not due to force, although, in the process of expansion, force
undoubtedly played a part."
8.5.4 POLITICAL CONSCIOUSNESS
Man is, by nature, a political animal. When the hunting and the
wandering way of life of the primitive man gave way to agricultural life,
he settled down in a definite territory. Gradually, population increased.
The concept of property developed. These conditions organization which
would provide security to person and property. Moreover, the
consciousness of certain moral ends underlying the human development
also played an important role. These factors helped in the origin and
growth of state. The necessity of a common authority to settle disputes,
to establish law and order and the awareness of social and political
relations contributed to the organization of a state.
8.5.5 ECONOMIC INTERESTS

Economic conditions determine the development of political

institutions. Prof. Laski points out, "All social relations are built upon
provision for those primary material appetites without satisfying which life
cannot endure" in the course of pursuing economic interests. lt was
necessary that order was maintained. Hence, the state originated to
regulate economic activities.
Hence, it can be concluded that the state owes its origin to a number of
factors, the combination of which contributed to its development and
growth. It evolved through many stages of history till the modern state
was established.

66
LET US SUM UP
Social contract theory says that individuals live respectively in
their community. Society is understanding with an arrangement that sets
up upright and political principles of conduct. A few group accept that on
the off chance that we live as indicated by a social contract, we can live
regularly by over own decision and of in light of the fact that a heavenly
being requires it. Evolutionary theory holds the view that the state has
started through a steady transformative interaction.
CHECK YOUR PROGRESS

1. The Social contract theory deals with

a) The name of State.
b) The Functions of State.
c) The purpose of State.
d) The orgin of State.
2. The Three most prominent exponents of social contract theory
were
a) Assian, bodin and locke
b) Hobbes, Locke and Rousseau
c) Plato, laski, Hobbes
d) J.S.Mill, locke and Ronsscan
3. The Social contract theory is based on
A) Sadilisam B) Contract C) Individualism
D) Socialism
4. The Evolutionary theory holds that
a) The State was created during the early periods of
Humanhistory.
b) State was created by revolution.
c) State was created in the fourteenth century.
d) State is the result of slow process of growth.
GLOSSARY

Social contract Theory : Contract among the people.

General will : Will of the people.
Evolutionary nature : Slow process of growth.
Kinship : A sharing of characteristics or
Blood relationship

67
ANSWER TO CHECK YOUR PROGRESS
1. The origin of State
2. Hobbes, Locke and Rousseau
3. Contract
4. State is the result of slow process of growth
MODEL QUESTION

1. Explain Social Contract Theory of Hobbes.

2. Examine the Social Contract Theory of John Locke.
3. What is Rousseau’sSocial Contract theory?
4. Critically analyse the evolutionary theory of origin of State.
SUGGESTED READINGS
1. Mahajan, V.D. (2004) , Political Theory, S.Chand & Company ltd,
New Delhi.
2. Kapur, A.C. (2006) , Political Theory, S.Chand & Company ltd,
New Delhi.
3. Sharma, R.K. (2011), Political Theory, S.Chand & Company ltd,
New Delhi.

68
 Block IV
Political Ideas

Unit- 9 Rights

Unit- 10 Liberty

Unit-11 Equality

Unit-12 Justice- Rule of Law- Civil Society- Revolution -

Democratic Participation

Unit-13 Political Obligation

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UNIT - 9

RIGHTS
STRUCTURE
Overview
Learning Objectives
9.1 Rights
9.2 Definition
9.3 Characteristics of Rights
9.4 Classification of Rights
9.4.1 Legal Rights
9.4.2 Civil Rights
9.4.3 Political Rights
9.4.4 Economic Rights
9.4.5 Moral Rights
9.4.6 Human Rights
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW

Rights are lawful, Social or moral standards of opportunity.

Rights are the Fundamental regulating rules about what is charmed of
individuals or owed to individuals as indicated by the same overall set of
laws, Social transformation or the moral theory. Rights, liberty and
equality are three inter-associatedsubjects. Ownership and satisfaction
in rights with no differentiation makes liberty and equality interconnected.
To live, man should have a few rights. Comparably, as a citizen or the
express a man should act in a manner which is useful for all and which
is useful in advancing the government assistance of society. This unit
covers Rights and its characteristics.

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LEARNING OBJECTIVES
After learning this unit, you will be able to
 Know the meaning of Rights.
 Understand the characteristics of rights.
 Discuss the classification of Rights
9.1 RIGHTS

The rights are fundamental for the sufficient improvement of the

human character and for human bliss. Rights are the fundamental
conditions for the individual, social, monetary, political, mental and moral
advancement of people. Rights are the social prerequisite of a social
man for the improvement of his character and society on the loose. Laski
defined rights as "those conditions of social life without which he cannot
seek, in general, to be himself at his best and every state is known by
the right if maintains ".
9.2 DEFINITION

1. “Rights are nothing more an nothing less than those social

condition which are necessary or favourable to the development of
personality” - Dr.Beniprasad
2. “Right is a power claimed and recognised as contributory to
common good” - T.H. Green
3. “Rights are those condition of social life without which no man can
be his best self” - Pro. Laski
4. Rights as "the external conditions necessary for the greatest
possible development of the capacities of the personality" - Prof.
Barker
5. "One's natural rights are one's natural power"-Hobbes
9.3 CHARACTERISTICS OF RIGHTS

1. Rights are social in their application: exclusively by living in a

general public a man can fulfill his requirements and acknowledged
what is best in him. The topic of rights there for emerge just in the
public arena. A forlorn man in a desolate island has no rights on
the grounds that there is nobody to assault him or to infringe his
distinction.
2. Rights are identified with human necessities: they are those
condition or openings without which we can't foster our force or
inert freedoms.

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3. Rights are not supreme: if conditions request certain limitation can
be put on the happiness regarding rights so as to get the bigger
interest of society.
4. Rights are not lasting: The substance of rights is changing as
indicated by the changing necessities and goals of s society. For
instance before the creation of print machine opportunity of
articulation was not viewed as vital.
5. Rights are general in character: Rights are general in sense that
chances for self improvements ought to be similarly accessible to
all. There can't be any segregation to the extent the utilization of
rights.
6. Rights suggest obligations: Every right has a relating obligation. On
the off chance that I have a right, the happiness regarding my
rights suggests an obligation on piece of others. Rights are
genuine just to degree to which they have been excepted by others
as a commitment.
7. Rights are relative with capacities: The quantity of rights moved by
an individual should compare to the commitment makes to society.
The leader of a nation appreciates a larger number of rights than
his peon since his commitment is unquestionably more prominent
than the peon.
9.4 CLASSIFICATION OF RIGHTS
Rights are four classifications: they are Natural Rights, Legal
Rights, Moral Rights and Human Rights. Legitimate Rights additionally
partitioned into three groups i.e., Civil Rights, Political Rights and
Economic Rights.
By natural rights we mean those rights which are appreciated by
individuals even before the beginning of state. As indicated by scholars
like Hobbes and Locke, natural rights were those rights which are
appreciated by the people in the condition of nature. As per Rousseau
natural rights were those optimal rights which are appreciated by the
people before the beginning of the gaze. The old view with respect to
nature rights isn't acknowledged today. The lone sense in which the
hypothesis of natural rights acknowledged is that these rights are viewed
as natural and fundamental for the individual if they are really perceived.

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 KINDS OF RIGHTS

Moral Rights Natural Rights Human Rights Legal Rights

Civil Rights Political Rights Economic Rights

Rights to Life Rights to Vote Rights to Work

Rights to Contest Rights to leisure and

Rights to Freedom
Elections Rest

Rights to hold Public Rights to Form Trade

Personal Security
Meetings union

Rights to adequate
Rights to Property Rights to hold public
wages

Rights against Speech

Rights to criticize and Free Press &
Rights to Expression
government disobey its unjust laws
exploitation

Freedom of Assembly Rights to petition Rights to social security

Rights to equal and

Freedom to form
Rights to public office Associations pay for
Unions
equal work

9.4.1 LEGAL RIGHTS

Legal rights are those rights which are gotten by the state and
ensured through its laws. Legal rights might be characterized as the
cases perceived by the state. These rights are authorized by the state
through its police and courts. Legal rights are typified in the constitution.
Legal rights are additionally partitioned into three classes, to be specific
social equality, political rights, and the monetary rights.
9.4.2 CIVIL RIGHTS
They are those rights without which no enlightened life is
conceivable. Edified life is outlandish under the dread of being harmed,
assaulted, killed or our property seized. Social liberties are viewed as
essential and more imperative than the other two. The significant social

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equality are insurance of life and property, right to training, right to
family, right to the right to speak freely of discourse and articulation.
9.4.3 POLITICAL RIGHTS

They are those rights which empower individuals to have an offer

in the organization of the country. By practicing the political rights, the
individual partakes in the issues identifying with the organization of the
country. The significant political rights given to the residents are overall
correct to cast a ballot, the option to remain as contender for the
decisions, the option to hold government office and the option to censure
the government.
9.4.4 ECONOMIC RIGHTS
They are those rights which empower individuals to have an offer
in the organization of the country. By practicing the political rights, the
individual partakes in the issues identifying with the organization of the
country. The significant political rights given to the residents are overall
correct to cast a ballot, the option to remain as contender for the
decisions, the option to hold government office and the option to censure
the government.
9.4.5 MORAL RIGHTS
Moral rights depend on our morality, equity, or soul and they are
not ensured by any legitimate power. Moral rights are to a great extent
dependent on the strict conviction and the moral originations of the
individuals in any public. In this way, they contrast from one society to
another. They emerge out of man's moral sense. Ritchie characterizes
moral rights as" the case of a person on others perceived by the general
public regardless of its acknowledgment by the state".
9.4.6 HUMAN RIGHTS

Human rights will be rights inborn to all human creatures with no

segregation on the grounds of identity, locale, language, beginning, and
so on These rights are regularly communicated and ensured by law,
which is as arrangements, standard global law and such other general
standards.
The Universal Declaration of Human Rights (UDHR-December 10, 1948)
comprises for the main exertion toward assurance, protection, and
advancement of human rights in the global circle. The UHRD has been
termed “as an historic event of the profound significance and one of the
greatest achievements of the United Nations”.

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LET US SUM UP
In this Unit, we explained the rights and classification of Rights. A right is
something an individual has which individuals think ought not to be
removed. It is standard about what an individual is permitted to do or
have. Rights may be placed into laws, so they have lawful insurance.
These four divisions are the typical rights, Manual Rights, Human Rights
and legitimate rights.
CHECK YOUR PROGRESS
1. Civil Rights are given to the individual by
a) Church b) God c) The State d) The people
2. Right to franchise is a
a) Legal right b) Political right c) Moral right d) Cultural right
3. Who said Rights are those conditions of social life without which no
man canseek to be himself at his best?
a) Austin b) Green c) Laski d) Hobbes
GLOSSARY
Political Rights : Empower individual to have an offer in the
organisation of the country.
Moral Rights : Rights based on Justice.
Human Rights :Rights endowed by Birth.
ANSWER TO CHECK YOUR PROGRESS

1. The State
2. Political right
3. Laski
MODEL QUESTION
1. Explain the meaning of Rights.
2. Describe the characteristics of rights.
3. Discuss the Various categories of rights.
SUGGESTED READINGS
1. Agarwal, R.C. (2006) , Political Theory, S.Chand & Company ltd,
New Delhi.
2. Kapur, A.C. (2006) , Political Theory,S.Chand & Company ltd, New
Delhi.
3. Sharma, R.K. (2011), Modern Political Science, DPS Publication,
New Delhi.

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UNIT - 10

LIBERTY
STRUCTURE
Overview
Learning Objectives
10.1 Liberty
10.2 Definitions
10.3 Nature of Liberty
10.4 Positive Concepts of Liberty
10.5 Kinds of Liberty
10.5.1 Natural Liberty
10.5.2 Civil Liberty
10.5.3 Political Liberty
10.5.4 Economic Liberty
10.5.5 Moral Liberty
10.5.6 National Liberty
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW
In modern politics, liberty is the state of being free within society
from control or oppressive restrictions imposed by authority on one's
way of life, behaviour, or political views. Thus liberty entails the
responsible use of freedom under the rule of law without depriving
anyone else of their freedom. In present day Politics, Liberty is the State
of being free inside society from control or severe limitations imposed by
expert in transit of life, conduct of political perspectives. In philosophy,
liberty includes through and through freedom as stood out from
determinism. In this unit, we will discuss elaborately about the liberty and
its features.

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LEARNING OBJECTIVES
After studing this unit, you will be able to
 Understand the concept of liberty.
 Describe the nature of liberty.
 Discuss the different types of liberty.
10.1 LIBERTY

The term liberty is gotten from the Latin word 'liber' which means
free. It has been characterized in different manners. The essential theme
of liberty is the shortfall, everything being equal, and opportunity to do
whatever one loves. In any case, it is absurd to expect to have such a
liberty while living in the public eye. Man is a social creature and he is
living in the public arena. He should, accordingly, change his liberty with
due in regards to the liberty of others. Guideline of the human lead and
conduct is fundamental in the public activity. The basic saying of liberty
is that law is the condition of liberty. Prof. Barker has brought up that
similarly as not mean presence of excellence, so the shortfall of all
controls doesn't mean the presents of liberty. Opportunity is an
exceptionally valuable condition without which neither the state nor the
people can gain any headway.
10.2 DEFINITIONS
1. G.D.H Cole defines liberty “as the freedom of every individual to
express without external hindrance in his personality.”
2. Prof. Seeley defines liberty “as the absence of restraints or the
opposite of over government.”
3. Herbert Spencer “Liberty is the freedom to do whatever one likes
provided it does not injure the feelings of others.”
4. Gandhi - "Liberty does not mean the absence restraint but it lies in
development of Liberty."
5. 'Liberty' According to Burns, “means liberty to grow to one's natural
height, to develop one's abilities".
6. Harold Laski maintains, "without rights there cannot be liberty
because, without rights, men are the subjects of law unrelated the
needs of personality".

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10.3 NATURE OF LIBERTY
Berlin characterizes Negative Liberty as an independence from
others. It implies non-attendance of irrational restrictions. Just bad liberty
implies, the shortfall of intimidation by people or establishments over
impedance into the private circle of a person. It guarantees division
between two spaces of movement, the space of public power and space
of private life. How wider or narrow are the two particular regions
involves conversation and dictated by friendly and monetary conditions.
Liberty is more extensive and movement is likewise more extensive if
impedance from others is insignificant.
Liberty alone can empower an individual to foster his character. The
state should ensure just non-impedance by one with the other. So
particularly far as the decision of the individual is concerned, he should
be his own lord. The independent way of thinking was the primary ally of
negative idea of liberty.The major exponents of negative concept of
liberty are J.S.Mill, Herbert Spencer, Bentham, Smith etc.
10.4 POSITIVE CONCEPTS OF LIBERTY
Positive concept of liberty implies that the state makes positive
conditions for a decent life. It requests conditions which are fundamental
for self-improvement of the people. Everyone should partake in the
advantage of public activity. In the expressions of Laski, "liberty implies
the excited support of that environment where men can have the chance
to be their best selves". Accordingly sure concept of liberty implies the
expulsion of deterrents from the method of good life and the making of
equivalent freedoms for all. Every one of the cutting-edge majority rule
states have pretty much acknowledged this positive concept of liberty.
Positive concept of liberty was advocated by Laski, T.H. Green, Kant,
and Hegel.
10.5 KINDS OF LIBERTY
The liberty is classified into six types as follows.
10.5.1 NATURAL LIBERTY
Natural liberty is generally identified with unlimited and unrestricted
freedom. Natural liberty according to Hobbes, “is the absolute right of
man in the state of nature to all things including the right to kill other
man. In the social life no man enjoys natural liberty since he is subject to
regulations and rules named by the government and moral pressures of
society”.The supporters of natural liberty hold that man is free essentially
and that it is development, which is answerable for his subjugation.

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Rousseau deals with the main type of the concept of natural liberty, and
natural liberty existed in that state of nature. He says men lost his
natural liberty with arise of the state or civil society.
10.5.2 CIVIL LIBERTY
Civil liberty suggests opportunity appreciated by individuals in
civil society. Civil liberty is made by the civil rights ensured by the state.
The more the civil rights are the more the civil liberty. As indicated by
Gettle, "Civil liberty consists of the rights and privileges which the state
creates and protects for its subjects". It is showed in substantial terms in
rights like the right of opportunity, the right of life, the right to speak
freely of discourse and articulation, property, affiliation, training and so
forth
10.5.3 POLITICAL LIBERTY
Political liberties depend on the political rights of an individual
and are the opportunity to take part in the political life and undertakings
of the state. Political liberty is basically connected with vote based
system and it makes a state into a vote based one. Without political
liberty neither the state can be popularity based nor the individual can
appreciate full civil liberties. The two fundamental conditions important
for the presence of political liberties are training and free press. It
comprises of the option to cast a ballot, right to represent political
decision, right to hold public office and the option to reprimand the public
authority.
10.5.4 ECONOMIC LIBERTY

Economic liberty infers that the fundamental necessities of life

ought to be guaranteed to everyone. It implies nonattendance of
economic incongruities, abuse, frailty, joblessness, and starvation.
Economic liberty is supposed to be the mother of any remaining
freedoms. Civil and political freedoms become inane without economic
liberty. In his book ' Grammar of Politics', Prof: Laski characterizes, "by
economic liberty, I mean security and the chances to discover sensible
importance in the acquiring of one's day by day bread".
10.5.5 MORAL LIBERTY

Moral liberty infers to the right of a person to act as indicated by

his heart. It implies the opportunity of a person to go about as
reasonable being. It is offered a chance to communicate and foster his
character. It is conceivable in a majority rule state and not in an
extremist state. In authoritarian state individuals are required to act as

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per the sets of the public authority and not as indicated by their inward
soul.
10.5.6 NATIONAL LIBERTY

National liberty suggests the liberty of the country or the country.

It exists where the country or the local area is free and sovereign. It
implies that, a country which is totally liberated from unfamiliar control.
Each country has an inheritance to manage its national life as it enjoys.
In the event that a country is heavily influenced by others, no social,
social, economic and political improvements are conceivable.
LET US SUM UP
In this unit, we are explained the liberty and kinds of liberty. Liberty
implies the condition wherein an individual can act following his and her
own will and mindfully, accomplish their political, inside the setting of
different words like political opportunity. They contend that liberty without
fairness and this implies the masteries of the most remarkable. Of all the
rights which are considered fundamental for the development of the
personality of the individual, the right to liberty or freedom happens to be
most respected and valued. In fact without liberty, i.e. without the
freedom to enjoy one’s rights, there can be no real right available to the
people. Liberty, as such, is the most cherished and loved right of the
people.
CHECK YOUR PROGRESS
1. The term ‘liberty’ is taken from ‘liber’ of ___________ language
a) Latin language b) Greek language c) English language
d) French languages
2. Liber means
A) Free B) So Freedom C) Linked Freedom
D) None of These
3. Positive liberty means
A) Liberty to do anything B) Liberty with Restraints
C) Only restraints D) None of These.
GLOSSARY
Starvation : Suffering because there is not enough food.
Cruelty : Cruel Behaviour.
National liberty : Liberty of the nation.

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ANSWER TO CHECK YOUR PROGRESS
1. Latin language
2. Free
3. Liberty to do anything
MODEL QUESTION
1. Explain the meaning of liberty.
2. Discuss the nature of liberty.
3. Describe the different types of liberty.
SUGGESTED READINGS

1. Kapur, A.C. (2006), Principles of political science, S.Chand &

Company ltd, New Delhi.
2. Agarwal, R.C. (2006), Political Theory, S.Chand & Company Ltd,
New Delhi.
3. Sharma, R.K. (2011), Modern Political Science, DPS Publication,
New Delhi.

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UNIT - 11

EQUALITY
STRUCTURE
Overview
Learning Objectives
11.1 Equality
11.2 Definitions
11.3 Types of equality
11.3.1 Social Equality
11.3.2 Political Equality
11.3.3 Economic Equality
11.3.4 Legal Equality
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW

Equality is tied in with guaranteeing that each individual has

equivalent freedoms to benefit as much as possible from their lives and
abilities. It is likewise the conviction that nobody ought to have helpless
life chance that had happened to the manner in which they were
conceived, where they come from, what they accept and whether they
have a disability. A law for equality is inadequate and opposed where
pluralistic pattern of society has become the order of the day. Equality
determines how rights are to be distributed amongst the individuals as
citizens and groups, both whether equally or unequally. In this unit, we
will discuss about the equality and different types of equality.
LEARNING OBJECTIVES
After going through his unit, you will be able to
 Explain the meaning and definitions of equality.
 Describe the different kinds of equality.

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11.1 EQUALITY
Equality, like liberty is one of the fundamental pillars of
democracy. The American Declaration of Independence in 1776
proclaims that" We hold these truths to be self–evident that all men are
created equal". The French Declaration of Rights of Man (1789) also
emphasizes "Men are born, and always continue, free and equal in
respect of their rights".The Charter of United Nations also recognizes
equality in international sphere when it says:"The organization is based
on the principles of sovereign equality of all its members".
Equality implies that all men are equivalent and ought to be entitled
equivalent, opportunity and treatment. It was the development of
independence that is answerable for the new interest in the issue of
equality. Initially, the focal point of consideration was equality by birth for
example regular equality and equality under the steady gaze of law for
example legal equality. In the eighteenth century radicalism that prompts
socio-legal equality and in the nineteenth century monetary and political
equality, acquired momentum.
11.2 DEFINITIONS

1. "Equality does not mean the identity of treatment or the sameness

of reward. If a brick - layer gets the same reward as a
mathematician or a scientist, the purpose of society will be
defeated. Equality, therefore, means first of all absence of social
privileges. In the second place it means that adequate
opportunities are laid open to all" – Laski.
2. "Equality is derived from the supreme value of the development of
in each like and equally, but each along its own different time and
its own separate motion". – Barker
11.3 TYPES OF EQUALITY
After considering what kind of social differences are
unacceptable, we need to ask what are the different dimensions of
equality that we may pursue or seek to achieve in society. While
identifying different kinds of inequalities that exist in society, various
thinkers and ideologies have highlighted four main dimensions of
equality namely, political, social, legal, and economic. It is only by
addressing each of these three different dimensions of equality can we
move towards a more just and equal society. The following are the
various types of equalities.

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11.3.1 SOCIAL EQUALITY
Social equality implies that all the residents are qualified to
appreciate equivalent status in the public eye and nobody is qualified for
an extraordinary advantages. There might be sane differentiation in the
general public concerning occupation and callings, however the
sensation of inadequacy and prevalence ought not be joined over these.
It represents all ought to be dealt with similarly according to law, no
segregation on grounds of shading, position, doctrine, sex, religion and
so forth, evacuation of social marks of disgrace like untouchablity. On
the tenth December, 1948, U.N.O. announced the contract of Human
Rights which laid weight on social equality.
11.3.2 POLITICAL EQUALITY

Political Equality infers that everybody has equivalent admittance

to the roads of force. All residents anything that might be their disparities
in status, education and wealth ought to have an equivalent voice in the
administration of public issues and in holding public workplaces. General
grown-up establishment is the statement of political equality. All just
nations are based on the rule of "one man, one vote, one value" that is
reliably embraced. Equality of chance in getting chosen and in holding
public workplaces, opportunity of articulation and affiliation and rights to
look for the redressal of public complaints are the significant mainstays
of political equality.
11.3.3 ECONOMIC EQUALITY
Economic equality includes a specific degree of pay and
evacuation of gross disparities of wealth. Economic equality is the
essential for the presence and delight in political, social and legal
equality. It doesn't mean equivalent dispersion of wealth, which isn't
commonsense, yet forestall the grouping of wealth in a couple of hands.
Economic state of an individual basically impacts his political condition.
11.3.4 LEGAL EQUALITY

Legal equality or equality before law is fundamental to legal

justice. Legal equality suggests that all are the same in the eye of law
and that are qualified for its equivalent security. The rich and poor, the
high and low should all be dealt with the same. No differentiation ought
to be made among man and man on the ground of social status, strict
confidence or political assessment. So, Legal equality or equality under
the watchful eye of law suggests nonappearance of segregation. The
Rule of Law is practiced in the Great Britain and numerous different
nations of the world.

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LET US SUM UP
In this unit, we have studied about the meaning and various
definitions of equality and various rights of equality such as social,
political, economic, and legal. When we talk of equality, we imply
different meanings at different times. In liberal perspective, legal and
political equality may be emphasized more than economic equality. On
the other hand, in a socialist and Marxian framework emphasis is more
on economic equality. A feminist would argue that gender equality is vital
while in a caste divided society like India, it could be argued that social
equality is more essential, if other dimensions are to be meaningful.
CHECK YOUR PROGRESS
1. The American Declaration of independence was proclaimed in the
year ______________
a) 1776 b) 1789 c) 1679 d) 1579
2. The charter of united nation also recognises ________in
internetigual sphere.
3. Equality mean the identity of _________
GLOSSARY

Legal Equality : Equalitybefore Law

Social Equality : Equal Treatment in the Society
Political Equality : Equal Rights to participate in the governmental Affairs
ANSWER TO CHECK YOUR PROGRESS
1. 1776
2. Equality
3. Treatment
MODEL QUESTION
1. What is equality?
2. Explain the various rights of equality.
3. Bringout two important definions of equality.
SUGGESTED READINGS

1. Agarwal, R.C. (2006) , Political Theory, S.Chand & Company ltd,

New Delhi.
2. Kapur, A.C. (2006) , Political Theory, S.Chand & Company ltd,
New Delhi.
3. Sharma, R.K. (2011), Modern Political Science, DPS Publication,
New Delhi.

85
UNIT - 12

JUSTICE – RULE OF LAW – CIVIL SOCIETY – REVOLUTION

– DEMOCRATIC PARTICIPATION
STRUCTURE
Overview
Learning Objectives
12.1 Justice
12.2 Definitions
12.3 Kinds of Justice
12.4 Rule of Law
12.5 Civil Society
12.6 Revolution
12.7 Definitions of Revolution
12.8 Different Perspectives of Revolution
12.8.1 First Schools of Thought
12.8.2 Second Schools of Thought
12.8.3 Third Schools of Thought
12.9 List of Revolutions
12.10 Major Types of Revolutions
12.11 Democratic Participation
12.12 Definitions of Participation
12.13 Types of Democratic Participation
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings

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OVERVIEW
Justice is an idea on ethics and law that implies that individuals
act in a manner that is reasonable, equivalent and adjusted for
everybody. Law and order is intended to forestall tyranny and to ensure
the privileges of individuals. Civil society alludes to the space for
aggregate activity around shared interests, purposes and qualities, for
the most part area from government and business for benefit
entertainers. A revolution is a fruitful endeavor by an enormous
gathering of individuals to change the political arrangement of their
country forcibly. Majority rule cooperation is basically worried about
guaranteeing that residents are managed the cost of a chance to take
part or in any case be engaged with dynamic on issue that influence
their preferences. In this unit, we will study in detail about the concept
rule of law, justice, civil society and democratic participation.
LEARNING OBJECTIVES

After going through this unit, you will be able to

 Understand the concept of Justice and Rule of law.
 Examine the concept of civil society and revolution.
 Discuss the concept of Democratic participation.
12.1 JUSTICE
The word 'justice' is gotten from the Latin word "justicia" which
means joining or fitting or of bound or tie. The idea of justice has been
broke down and characterized diversely by rationalists, political
masterminds, financial specialists, sociologists and strict pioneers. It has
been changing now and again, contingent on the conditions and
conditions winning in each age. It needs to facilitate and draw an
agreeable harmony among rights and obligations of individuals living in
the society. It is associated with the ethical, social, monetary, political,
and lawful relations of a person with others.
In the view of John Rawls, "Our justice of the social scheme depends
eventually on how fundamental rights and duties are assigned and the
economic opportunities and social conditions in the various sections of
society". In this way, the theory of justice has the importance to be more
extensive and significant and a lesser significant. In the more extensive
significance, there are two perspectives (a) justice is an interminable or
total idea and (b) relative idea - contrasts from one society to another.

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In the thin significance of justice is related with a legal framework and
legal interaction in a society. In this sense, it is identified with the
settlement of questions through legal bodies.
12.2 DEFINITIONS
1. "Justice consists of a system of understanding and procedures
through which each in accorded what is agreed upon as fair"-
Charls Marriam.
2. “Justice is the reconciler and the synthesis of political values; it is
their union in an adjusted and integrated whole” - Barker.
3. "From each according to his capacity, to each according to his
need”. -Saint Simon.
4. "All social primary goods - liberty and opportunities, income and
wealth and the basis of self respect - are to be distributed equally
unless an unequal distribution of any or all of these goods is to be
advantage of least favoured"-John Rawls.
12.3 KINDS OF JUSTICE
12.3.1 LEGAL JUSTICE
a. This is the limited idea of justice and is related with the legal
framework and the legal technique existing in the society. The
courtrooms decipher the law and apply the law in the wake of
hearing and the gatherings engaged with a question. Here, justice
is the thing that is administrated by the courtroom and the
translation of the Judge is considered as an encapsulation of
justice. Justice in the legal sense requires the accompanying
conditions.
b. Just and sensible non-discriminatory laws.
c. The organization of justice by free and autonomous courts.
d. Inexpensive legal cycle.
e. Court technique ought to be rearranged and keep away from delay
in justice.
f. There ought to be a Rule of Law in the country.
12.3.2 POLITICAL JUSTICE
Political Justice represents a free and reasonable support of
individuals in the political circle. General grown-up establishment is the
outflow of Political Justice. All liberal vote based nations are based the
standard of "small time, one vote, one worth" is reliably received.
Political foundations ought to be delegate in character. Correspondence
of chance in getting chosen and in holding public workplaces,

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opportunity of articulation and affiliation and rights to look for redressal of
public complaints are the significant mainstays of political justice.
12.3.3 SOCIAL JUSTICE

The idea of Social Justice depends on the conviction that all

individual are equivalent and that no separation ought to be made on the
ground of race, religion, standing, sex, or spot of birth. It has three
ramifications: (a) equivalent social freedoms (b) exceptional
thoughtfulness regarding more vulnerable areas. (c) expulsion of social
indecencies.
12.3.4 ECONOMIC JUSTICE
Economic justice infers non-segregation among man and man
based on economic suitability. It represents by guaranteeing sufficient
method for vocation to all, by making arrangements for satisfactory
working conditions, for equivalent compensation for equivalent work,
reasonable dispersion of assets, equivalent economic freedoms to all
individuals and so forth. The idea of economic justice was underlined by
the socialistic masterminds.
12.4 RULE OF LAW

The origins of the Rule of Law theory can be traced back to the
AncientRomans during the formation of the first republic. It has since
beenchampioned by several medieval thinkers in Europe such as
Hobbs, Lockeand Rousseau through the social contract theory.Indian
philosophers such as Chanakya have also espoused the rule of
lawtheory in their own way, by maintain that the King should be
governed bythe word of law. The concept of Rule of Law is that the state
is governed,not by the ruler or the nominated representatives of the
people but by thelaw.The expression 'Rule of Law' has been derived
from the French phrase 'laprinciple de legalite', i.e. a Government based
on the principles of law. The concept of justice has four-fold aspects as
legal, political, social and economic. It will be attractive to manage these
elements of Justice in certain subtitles.
According to Edward Coke , “Rule of Lawmeans:
A) Absence of arbitrary power on the part of theGovernment.
B) No man is punishable or can be made tosuffer in body or good except
for a distinctbreach of law established in the ordinarylegal manner before
the ordinary courts ofthe land.

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According to Prof. Dicey, rules of law contains three principles or it
hasthree meanings as stated below:
1. Supremacy of Law : The First meaning of the Rule of Law is that'no
man is punishable or can lawfully be made to suffer in body orgoods
except for a distinct breach of law established in theordinary legal
manner before the ordinary courts of the land.
2. Equality before Law : The Second meaning of the Rule of Law is
noman is above law
3. Predominance of Legal Spirit: The third meaning of the Rule ofLaw is
the general principles of the constitution are the result ofjuridical
decisions determining file rights of private persons inparticular cases
brought before the Court.
Implications:
1. "No man is punishable or can be lawfully made to gut in body or
goods except for a distinct breach of lo established in the ordinary
legal manner before the ordinary courts of the land." This means
that no man can be punished unless it is proved in a trial before the
court of law that, he has violated the law of the country. It also
indicates that no imprisoned man can be arbitrarily punished.
2. "No man is above law but that every man, whatever his rank or
condition, is subject to the ordinary law and amenable to the
jurisdiction of ordinary tribunal" It suggests that the order
established by the state must be without exceptions. Rule of law,
therefore, strictly implies 'legal equality. All persons are under the
same law and same courts.
3. "The general principles of the Constitution are result of judicial
decisions determining the rights private persons in particular cases
brought before the courts." This means that the rights of the people
are prior to the Constitution. They are rooted in the law of the land.
Rights cannot be suspended and liberties of the individuals cannot
be destroyed without a revolution in the institutions and as per the
traditions of the nation.
4. Dicey's Rule of Law checked the arbitrary tendencies of the
government. It became the hall-mark of the constitution of England.
It also safeguarded the liberties of the individuals. Dicey's analysis
was deeply rooted in his firm belief that the British Constitution was
essentially based on an individualist rule of law. Dicey's concept of
'Rule of Law' suffers from certain limitations.
5. Dicey's theory does not apply to the concept of a welfare state
which gives immense powers to the administrative organs.

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6. Dicey was an individualist who believed that the state ought to
perform only police functions. The dynamics of social situations
have since then changed considerably. Jennings observes, "The
growth of the new functions of the state has made much of his
(Dicey) analysis irrelevant."
7. The growth of delegated legislation has made the administrative
departments free from the control of the courts of law.
8. The 'Administrative Tribunals' negate the concept of legal equality
which is the basis of the Rule of Law."
9. Diplomats and ambassadors from foreign countries enjoy immunity
before courts of law. They cannot be tried even if they violate the
laws of the country.
12.5 CIVIL SOCIETY
Lately the idea civil society has acquired academic consideration
around the world. It has discovered various promoters in the West as
well as in the Third World and the recent communist nations. Today,
researchers with various philosophical influence had arrived at an
agreement over the idea. The disappointment of socialist and Keynesian
models, the declining nature of the political factions and in particular the
development of the majority rules system as the expression of the time
added to the prevalence of the idea.
Civil society started to be considered as the essential pre
condition for liberal popular government. Along these lines, the main
defenders of civil society are the propagators of neo-radicalism and its
benefactor organizations. They pushed the supplanting of state with civil
society and carried civil society with the obligations of social
reproduction and change.The hypothetical beginning of civil society is
identified with the adjustment of the direction of political theory from a
model pushing on the significance of state to a model dependent on
independence particularly with the development of normal law custom.
The beginning of civil society can be truly situated in a period
which saw the battle for insurance of individual rights and freedoms from
the subjective impedance of the state. In short civil society can be
considered as the scholarly posterity of western liberal custom. Perhaps
the main researchers who added to the improvement of the thought was
John Locke. For Locke, civil society was that society which was
established with the assent of individuals to ensure and protecting
private property. He considered civil society as an area of rights which
have a known and settled arrangement of laws and an apathetic
appointed authority to rebuff offenses.

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 Researchers of the Scottish illumination had related the word civil
society with civility or civilization. Adam Ferguson had stood out civil
society from savage, crude, discourteous or aggressive society and
compared it with civilized society. The main commitment of the Scottish
edification was that it likened civil society with business society. To
Adam Smith, civil society is the space for economic and social
communication and it is the support of individual and aggregate energies
and life. As far as he might be concerned, the qualities of civil society
incorporate expanded needs, division of work, development of
expressions and science, self-controlled balance, soundness, freedom,
delicate and refined habits and regard for law, all of which accept to be
empowered by and intently restricted with improvement of trade.
The liberal practice commonly viewed as civil society as a space for the
verbalization of political interest of individual against the authority of the
state. This view was reprimanded by numerous researchers including
Rousseau, Hegel, Marx and different Marxists. Rousseau condemned
civil society for its incivilities. Civil society which was shaped after the
agreement, as he would like to think, had legitimized every one of the
disparities of the society. It gave legal status to imbalances initially
dependent on power.
Hegel denoted a significant stage in the talk on civil society. For Hegel,
civil society addresses general selfishness. He contended that it was
made due to the commonality of human requirements. In any case, he
scrutinized it for its incivilities and for its inner drive towards annihilation.
Hegel requested the subduing of civil society by a predominant local
area, the state. To Marx, civil society was a result of common unrest and
its subsequent entrepreneur method of creation. Marx recognized the
civil society in comparison to business and modern life. It is a circle
where the deal and acquisition of work power occurred.
Marx characterized it as a site of realism of current property relations of
the battle of each against all and of pride. Marx thought about civil
society as a space of abuse. It is where the assignment of excess
happens. Civil society is the source and area of oppression of regular
daily existence and it prompts estrangement, concealment, war and
enslavement. Hence, Marx announced a conflict on civil society as a
way to human liberation.
The current use of the term draws intensely on the Tocquevillian
discernment which considers the civil society as an energetic circle
inhabited by a wide range of affiliations, chapels, libraries, scholarly
bodies, public gatherings, town boards, and other independent public

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associations. Michel Walzer defines “civil society as an arena of
coercion-free collective action around shared interests, purposes and
values. In theory, its institutional forms are distinct from those of the
state, family and market though in practice, the boundaries between
state, civil society, family and market are often complex, blurred and
negotiated”.
Cohen and Aratto consider “civil society as a third realm differentiated
from the market and the state”. When they argue that civil society is
different from the state and the market they mean that civil society is free
from the competition, a characteristic of market and also free from
conflict that is related to politics.
The World Bank utilizes the term civil society to allude to a wide cluster
of non-legislative and not revenue driven associations that have a
presence in open life, communicating the premium and upsides of their
individuals or others dependent on ethical, social, political, logical, strict
or humanitarian contemplations. Civil society associations, in this way,
allude to a wide exhibit of associations, local gatherings, NGOs, trade
guilds, native gatherings, beneficent associations, religious associations,
proficient affiliations and establishments, instructive foundations, and
well known developments.
From the above conversation we can recognize the normal qualities of
civil society as voluntarism and associationalism. The utilization of this
idea in a post pilgrim setting brings up numerous issues as
associationalism in such social orders are to a great extent dictated by
early stage factors.
12.6 REVOLUTION
In the field of social sciences revolution has come to mean a sudden,
fundamental and major transformation in the existing social, economic
and cultural life of the people. In the political field the revolution means a
'challenge to the established political order and the eventual
establishment of a new order radically different from the proceeding one.
The term revolution is often used loosely to describe all the far reaching
changes-both peaceful and violent.
12.7 DEFINITIONS OF REVOLUTION
Jack Goldstone, revolution is "an effort to transform the political
institutions and the justifications for political authority in society,
accompanied by formal or informal mass mobilization and non-
institutionalized actions that undermine the authorities."

93
Mounier, “by revolution we mean a combination of rather for- reaching
changes intended virtually to erase the real illness of society that has
reached an impasse, rapid enough to prevent those terminal illness from
spreading their poisonous decay throughout the national body, yet slow
enough to allow for the growth of whatever require time to mature”.
Moore, “revolution is a type of change which is violent and that engages
a considerable portion of the population and results in change in the
structure of the government”.
Neuman, “revolution is a sweeping fundamental change in the
predominant myth of a social order”.
H. Arendt, “revolution inextricably bound up with the notion that the
course of history suddenly begins a new, that an entirely new story
never known or told before is about to unfold”.
Jeff Goodwin, “revolution is "any and all instances in which a state or a
political regime is over- thrown and thereby transformed by a popular
movement in an irregular, extra constitutional and/ or violent fashion"
and a narrow one, in which "revolutions entail not only mass mobilization
and regime change but also more or less rapid and fundamental social,
economic and/or cultural change, during or soon after the struggle for
state power”.
12.8 DIFFERENT PERSPECTIVES OF REVOLUTION

There are three schools of thought to analyse and study the revolution.
12.8.1 FIRST SCHOOLS OF THOUGHT
The first school of thought sought to develop detailed theories of why
and when revolutions arise.This school grounded the more complex
social behaviour perspectives of revolution.They divided it into three
different modes of approaches.The approaches are mainly on
psychological, sociological and political.The main exponents of this
school are-Ted R. Gurr, Ivo K. Feierbrand, Rosalind L. Feierbrand,
James A. Geschwender, David C. Schwartz and Denton E. Morrison.
12.8.2 SECOND SCHOOLS OF THOUGHT
The second school of thought put more emphasis on political and
cultural aspects of revolution.This school of thought saw that society as
a framework in harmony between different assets, requests and
subsystems. As in the mental school, they contrasted in their meanings
of what causes disequilibrium, however concurred that it is a condition of
an extreme disequilibrium that is answerable for upsets.The school was

94
developed by the socio-political scientists like Talcott Parsons and the
supporter’s structural-functionalist theory in sociology
12.8.3 THIRD SCHOOLS OF THOUGHT

The third school of thought is closely associated with the group

perspectives and conflict analysis of the society.The vision of this school
is to see events as outcomes of a power struggle between competing
interest groups.This School also observed that in such a model,
revolution happen when two or more groups cannot come to terms
within a normal decision making process under a given political system
and simultaneously possess enough resources to employ force in
pursuing their goals.The exponents of this school are: Charles Tilly,
Samuel P. Huntington.
12.9 LIST OF REVOLUTIONS
 1688:The Glorious Revolution in England resulted in the overthrow of
King James II and establishment of a Whig-dominated Protestant
constitutional monarchy.
 1774-1783: The American Revolution brought about the autonomy of
the thirteen North American settlements from Great Britain, making
the republic of the United States of America. It is a conflict of freedom
as it made one country from another. It was likewise a transformation
in that it ousted a current cultural and legislative request: the Colonial
government in the Colonies. The American Revolution vigorously
affected the French. Upset followed it and prompted the formation of
a Constitutional type of government. George Washington was a
leader in the American Revolution.
 1789: Regarded as one of the most influential of all socio- political
revolutions, the French Revolution is associated with the rise of the
bourgeoisie and the downfall of the aristocracy. Rousseau,
Montesquieu and Voltaire were the philosophical fathers of French
revolution, which raised the slogans of 'liberty', "equality' and
'fraternity'.
 1917: October Revolution in Russia-Bolshevik seizure of power in
Russia and the establishment of the Soviet Union. Vladimir Lenin was
a leader in the Bolshevik Revolution of1917.
 1918: The Third Russian Revolution of 1918, or the July Revolution is
a term describing a series of rebellions and uprisings against both the
Bolsheviks and the White movement, which started on 6 July, 1918
and were most prominent for the remainder of that month, but
continued up to 30 December, 1922.

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12.10 MAJOR TYPES OF REVOLUTIONS
Failed or abortive revolutions: These failed to secure power after
temporary victories or large-scale mobilization.Non-violent revolutions
(popularly known as color revolutions in the post-Cold War period)
relatively recent phenomena where revolutionary political change is
combined with very low level of violence.
Great revolutions: These were the revolutions that transform
economic and social structures as well as political institutions, such as
the French Revolution of 1789 or Russian.
Communist Revolution: In this type of revolution the Communist Party
overthrows the established regime and establishes dictatorship of the
proletariat with a view to eliminate the bourgeois order and usher in
classless society. The Russian Revolution of 1917 and the Chinese
Revolution of 1949 are the best example of the Communist Revolution
Similar revolutions also took place in a number of other socialist
countries like Vietnam, Korea etc.
Negative Revolution: A revolution can either be negative or positive.
The negative revolution usually leads to political decay, even though it
may be viewed for the time being as move towards progress. Thus the
rise of Fascism in Italy in 1922 and Nazism in Germany in 1933 were
described as revolution even though they gave a serious setback to the
liberal democratic institutions. These are called negative revolutions.
12.11 DEMOCRATIC PARTICIPATION
The term democratic participation refers to active involvement of
the people in the decision making process.It alludes to that the
individuals from the society can partake in the choice of rulers and
straightforwardly or in a roundabout way in the development of public
approach. The center spaces of majority rule interest are: holding
political office, making choice, speaking with the lawmakers, and so forth
Spread of instruction is the absolute most significant factor in delivering
a serious level of interest. In spite of the fact that citizen turnout has
diminished in the course of recent years, appears to be that different
types of interest, like composing letters to public authorities and taking
part in showings, have expanded.There are numerous manners by
which Americans can partake in the governmental issues going from
casting a ballot, which a larger part do with some regularity, to having a
place with a political club or an association, which a couple do.

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12.12 DEFINITIONS OF PARTICIPATION
Aronstein, Citizen Participation is "the redistribution of power that
enables the have not citizens, presently excluded from the political and
economic processes, to be deliberately included in the future".Weidman
and Books, "Public Participation in Management Making: Analysis and
Management of Conflicts" (1993) "Public in Femers Waste Decision
Involvement Government Decision Making: Choosing the Right Model”.
Investment in political science is an umbrella term including various
means for the general population to straightforwardly partakes in
political, economic or management choices. The term is likewise utilized
in the management theory to mean a style of management that requires
a significant degree of interest of laborers and directors in choices that
influence their work. For an educated interest to happen, some variant of
straight forwardness is essential. For example radical transparency, is
vital however not adequate.
12.3 TYPES OF DEMOCRATIC PARTICIPATION
Participation and Non-Participation: Sherry Aronstein discusses types
of participation and "nonparticipation" in 'A Ladder of Citizen
Participation' (1969). She grades levels of participation from
Manipulation (least citizen participation) to Citizen Control (most citizen
participation).
Degrees of Citizen Power:
 Citizen Control
 Delegated Power
 Partnership
Non-participation:
 Therapy Manipulation
LET US SUM UP
In this Unit, We explained the concept of Justice, rule of Law,
Civil Society, Revolution and Democratic Participation. Justice is quite
possibly the main virtues in the circles of law and governmental issues,
legal and political frameworks that keep law and control are depict, yet
they can't achieve either except if they likewise accomplish Justice. Law
and order, abandoned by a free Judiciary, plays an essential approval by
guaranteeing that civil and political rights and civil freedoms are
protected and that the equity and dinging of all residents are not in
danger.

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ANSWER TO CHECK YOUR PROGRESS
1. People get proper Justice in
a) Dictatorship b) Democracy c) Monarchy d) Totalitarian State
2. Who developed the concept of rule of Law?
a) Aushi b) A.V.Dicey c) Laski d) Mill
3. Fascism raised in Italy in the year _______:
e) 1923 b) 1939 c) 1935 d) 1940
4. The french Revolution started in
a) 1789 b) 1688 c) 1708 d) 1739
5. A citizen has the right and means to examine the process of
division-making. This is known as
a) Dictatorship b) Democratic participation
c) Transparency d) Monarchy Government
GLOSSARY
Rule of law : All are equal before law.
Civil society : An organization sounded to promote the
interests of a local community.
Democratic : Supporting equal rights for all people.
ANSWER TO CHECK YOUR PROGRESS
1. Democracy
2. A.V.Dicey
3. 1923
4. 1789
5. Democratic participation
MODEL QUESTION
1. Explain the meaning and types of Justice.
2. Discuss the concept of the rule of law.
3. What is Civil society and why is it important?
4. Describe the different perspectives of revolution.
5. Write short note on democratic participation.
SUGGESTED READINGS
1. Agarwal ,R.C.(2006) Political Theory,S.Chand & Company Ltd,
New Delhi.
2. Kapur, A.C. (2006), Principles of Political science, S.Chand &
Company Ltd, New Delhi.
3. Mahajan, V.D. (2008), Political Theory, S.Chand & Company Ltd,
New Delhi.

98
UNIT - 13

POLITICAL OBLIGATION
STRUCTURE
Overview
Learning Objectives
13.1 Political Obligation
13.2 Characteristics of Political Obligation
13.3 Different theories of Political Obligations
13.3.1 Divine theory
13.3.2 Consent Theory
13.3.3 Traditional Theory
13.3.4 Idealistic Theory
13.3.5 Marxian Theory
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW
The word obligation came from the Latin word “obligate” which means
“performance of duties”. Every one has to follow rules of behaviour in
society for his own good and good for others. In order for the state
mechanism to function smoothly a well organised system of the duties is
needed. Political obligation is very important concept in contemporary
world which deals with the duty of the individual towards the state. The
stability of the state is totally depends upon, why and how does the
individual obey the law given by the state authority. Political obligation is
a broad notion and covers many things. Some have said, for example,
that the citizen has an obligation or duty to vote. Others have claimed
that citizens may have a duty to serve their country and possibly even to
fight in its defence. In this unit, we will study about the foundations of
political obligation.

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LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand the concept of political obligation.
 Examine the characteristics of political obligation.
 Know the various theories of Political obligations.
13.1 POLITICAL OBLIGATION

Political obligation is a complex issue. It has significant

contemplation in the realm of political philosophy primarily, the problem
of political obligation pertains to the dilemma' of how to reconcile the
extent of individual liberty with the scope of state authority. When, why
and to what extent an individual obliged to obey the 'men in authority
roles. The term obligation' originates from a Latin word 'obligate' which
means something that binds men to an engagement of performing that is
enjoined. In the context of politics, it implies that since man is a political
creature, he is bound to live under some authority. It becomes his
obligation to obey the commands of this authority, "When the authorizing
rule is a law, and the association a state, we call this political obligation."
An individual's political obligation is related to the performance of his
duties as a citizen, his political participation, giving compulsory services
to the state, payment of dues, taxes etc. The problem of political
obligation involves two aspects,
 To determine the basis of political obligation.
 To determine the limits of political obligation or under what
circumstances people have a legitimate claim to disobedience.
Political obligation implies obedience and hence it is connected to the
maintenance of 'order in a political community’. Order cannot be
established if the commands of the 'people in authority, responsible for
maintaining peace and order are obeyed. Moreover, political obligation is
a matter of common necessity. It is necessary that men obey authority in
general. “We accept authority because most social enterprises would e
hopeless without it."
13.2 CHARACTERISTICS OF POLITICAL OBLIGATION
Political obligation pertains not only to issues that are political in
nature, but also to those of general good. It involves aspects of honesty,
sincerity and the spirit to serve humanity.
The concept of political obligation involves the issue of political
legitimacy. The people must be satisfied that the existing intuitions which

100
command 'obedience and obligation are legitimate. The people should
also be satisfied in general, that these institutions are most appropriate
to serve the best interests of the society.
Political obligation is not only concerned with ‘obedience’ to authority. It
is also concerned with the reasons for resisting and rejecting authority in
particular circumstances.
The whole issue of political obligation can be explained in the following
lines, "There are good grounds. for accepting authority in general, but,
there may be good grounds too for rejecting it in particular cases; if
authority derives from a constitution, there would generally be good
grounds for rejecting any exercise of it which was unconstitutional.
Again, if its legitimacy depends on the way it is used, an invasion of a
sphere where political authority is inappropriate might be grounds for
disobedience or, in extreme cases, for resistance."
13.3 DIFFERENT THEORIES OF POLITICAL OBLIGATIONS

obligationVarious theories have been enunciated on the subject of

political obligation. They can be broadly classified under three different
categories:
I. Theories which justify unlimited obligation
(i) The Force Theory
(ii) The Divine Theory
(iii) The Conservative Theory
II. Theories which favour limited obligation
(i) The Consent Theory
(ii) The Idealist Theory
III. Theories against Political obligation
(i) The Marxist Theory
(ii) The Anarchist View
13.3.1 Divine theory
Divine theory believes that the state wascreated by god and
governed by his agent.The agent of God was responsible for hisactions
to God alone.No one could limit or restrict his power.His word was law
and his actions were always just and kind.

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13.3.2 Consent Theory
The divine theory was replaced by the consenttheory.Consent
theory believes that the authority of the state is based on the consent of
the people.Sanction of political obligation is in the will ofthe
people.Thomas Hobbes, John Locke and J.J Rousseauare main
supporters of the Consent theory.
13.3.3 Traditional Theory
Traditional theory is also known conservativetheory.Political
authority is based on principle ofestablished customary right.The person
who obey customs also obey therules because the fact of obedience has
becomelike a well established convention.Political authority is legitimate,
if it isapproved by custom.
13.3.4 Idealistic theory
In Idealistic theory, Approval in the rationality of man and state
asa self-sufficient community.A person can pursue his best
possibleimprovement in society by obeying thecommand of the state.In
other words, political obligation in themoral nature of man.
13.3.5 Marxian Theory

In Marxian Theory, Proletariat is supressed by capitalist

class.Marxian view of the state as an instrument ofthe dominant
class.The working class have no obligation to theexisting bourgeois
political order.Working class must unite to overthrow such type of
political system.
LET US SUM UP

Political obligation is very important concept in contemporary world

which deals with the duty of the individual towards the state.The stability
of the state is totally depends upon, why and how does the individual
obey the law given by the state authority. Political commitment along
these lines alludes to the ethical obligation of the residents to submit to
the laws of their State. In Cases where a demonstration or self control
that is legally necessary is ethically compulsory on free grounds, political
commitment basically gives the residents an extra treachery for
movement as needs be.

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CHECK YOUR PROGRESS
1. The ‘obligation’ originated from _________ language
A) Latin B) English C) French D) Spanish
2. Why does an individual has to follow the rules
a) Because rules exists b) Fear of punishment
c) For his good change
3. Who said “Political obligation is intended to include the abligation
of the subject towards the sovereign”
a) Bentham b) T.H.Green c) Hobbes d) marx
GLOSSARY
Obligation : Duty
Legitimate : Accepted by the Laws
Proletariat : Working class people especially those who do
not own any property.
ANSWER TO CHECK YOUR PROGRESS

1. Latin
2. Fear of punishment
3. T.H.Green
MODEL QUESTION
1. What is the meaning of Political obligation?
2. Examine critically Karl Marx’s approach tothe notion of political
obligation.
3. Explain the Characteristics of Political obligation.
SUGGESTED READINGS

1. Kapur, A.C. (2006), Principles of Political Science, S. Chand &

Company, New Delhi.
2. Agarwal,R.C.(2006), Political Theory, S.Chand & Company Ltd,
New Delhi.
3. Mahajan,V.D. (2008), Political Theory, S. Chand & Company Ltd,
New Delhi.

103
 Block V
Political Ideologies

Unit-14 Liberalism, Neo-Liberalism

Unit-15 Marxism –Socialism

Unit-16 Fascism

Unit-17 Gandhism

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UNIT - 14

LIBERALISM, NEO – LIBERALISM

STRUCTURE
Overview
Learning Objectives
14.1 Liberalism
14.2 Definitions of Liberalism
14.3 Basic Tenets of Liberalism
14.4 Principles of Liberalism
14.5 John Hollowell Concepts of the Classical Liberalism
14.6 State is a Necessary Evil
14.7 Classical and Modern Liberalism
14.8 Modern Liberalism
14.9 Major Features of Positive Liberalism
14.10 Tremendous Increase of the Functions of the State
14.11 Resurgence of Liberalism: Towards Neo- Liberalism
14.12 Principle of Individualism
14.13 Contemporary Sources of Communitarianism
14.14 Contemporary Debate on Liberalism
14.15 Criticisms
14.16 Issues before Modern Liberalism
14.17 Neo-Liberalism
14.18 Main Issues of Neo-Liberalism
Let Us Sum Up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings

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OVERVIEW
Liberalism is a Political and economic convention that
accentuates singular self-sufficiency, correspondence of chance, and
the insurance of individual rights, initially against the State and later
against both the state and private economic elements, including
organizations. Neo liberalism is contemporarily used to allude to
advertise oriented change of the governmental issues, for example,
'eliminate the value controls, liberating capital business sectors, bringing
down exchange boundaries and diminishing, particularly through
privatization and gravity, state remember for the economy. This unit
covers concept of liberalism and neo liberalism.
LEARNING OBJECTIVES

After going through this Unit, you will be able to

 Explain the liberalism and the principles of liberalism.
 Describe the classical and modern liberalism.
 Understand the concept of Neo liberalism.
14.1 LIBERALISM
Liberalism is an expansive convention which incorporates some
fundamental highlights of independence and majority rules system inside
it. Early examples of liberalism incorporate John Locke, Adam Smith and
Bentham. Adam Smith is known as the dad of Economics. Locke is
known as the dad of liberalism. Every one of them shielded guideline of
free enterprise which suggests least impedance of the bar state in the
economic exercises of people.They are the organizers of traditional
liberalism which is called negative liberalism since it thinks about bad job
of the state. Liberalism might be viewed as a disposition as opposed to a
teaching which lays weight on man's decency and levelheadedness.It
has confidence in the worth of human character.
In political theory the ascent of liberalism is related to the improvement
of independence. It had impacted the Western for around four
civilizations for hundreds of years.A few journalists follow its starting
point to the seventeenth century. In the eighteenth and nineteenth
hundreds of years, it arrived at its most elevated structure and impacted
the Western Civilization by and large.
In the twentieth century it has become an undermined philosophy as
there is stamped decrease of liberal theory. Herbert Spencer an English
rationalist tried to reaffirm the negative liberalism through the use of the
standards of inherent science to sociology.

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It was an endeavor to reward man of his character and independence.It
was a reaction against the authority of the feudal barons, the
government by aristocrats and the power of the clergy.It is a term of
many meanings, after carrying a high emotional content, referring to a
cluster of social, political and economic doctrines which have changed
radically since the word was apparently first used in Spain in 1811 to
refer to the group drawing up the liberal constitution of 1812. "Liberalism
is the theory and practice of individual liberty.
Gilbert Murray holds the opinion that “the Greeks were the first to evolve
the two principles of classical liberalism that is, freedom of thought and
political freedom”. But in Greece, these principles were available only to
citizens.
According to Maxey, "It was a peculiar destiny of the seventeenth and
eighteenth centuries". Religion-political controversies following in the
wake of the Protestant reform contributed directly or indirectly to the
formulation of the liberal principles. Spinoza, Locke, Harvey, Hobbes,
Liebnitz and others advocated the cause of religious freedom.
Liberal ideas were not merely the product of academic speculation.As a
movement the liberalism made itself felt in almost all the countries of the
Western Europe and America. Its most spectacular development took
place in England.
Davis and Good have rightly said, "We have been using the term,
liberalism which is rightly identified with the rise of a modern technical
society availing itself of democratic political forms and of capitalistic
economic institutions. This liberal society came in Britain, France and
America in opposition to the feudal aristocratic culture of the European
past." Liberalism in the broadest sense is synonymous with democracy.
14.2 DEFINITIONS OF LIBERALISM
Laski, “Liberalism is the expression of a creed than of a
temperament. It implies a passion for liberty and that the passion may be
compelling, it requires a power to be tolerant, even skeptical, about
opinions and tendencies you hold to be dangerous which one of the
rarest human qualities is”.
Sartori, “Liberalism is a theory and practice of individual liberty, juridical
defence and the constitutional state”.

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14.3 BASIC TENETS OF LIBERALISM
There is no fundamental logical inconsistency between a
person's personal responsibility and the normal interest. Man is supplied
with certain regular rights which can't be violated by any power. Civil
society and the state are counterfeit organizations made by people to
serve the normal interest. They are qualified for demand submission to
their orders from people on the state of satisfying this capacity.
Liberalism puts stock in the supremacy of technique over the result. It
implies if the methodology for showing up at a choice is correct, the
choice might be acknowledged to be correct. Liberal perspective on
opportunity, fairness justice and majority rule government are a quest for
right system in various circles of public activity. Liberalism advances civil
freedoms of the person. Liberalism maintains opportunity of agreement.
14.4 PRINCIPLES OF LIBERALISM
In his book 'Liberalism', Leonard Hobhouse discussed certain
basic principles those principles of liberalism. According to him were
evolved as a consequence of the struggle of the middle classes against
feudalism, the government by aristocrats and the power of the clergy.
These principles are as follows
Civil Liberty:
According to this principle government should be conducted not
by arbitrary will of any one individual or class but by law.This was
necessary to counteract the veil of oppression by kings or feudal lords
and churchmen.
Rousseau thought that all men were born free and equal in rights and
that rights of man could be limited only by law. It was the right of every
citizen to participate either in person or through a representative and that
the law must apply with precise equality to all.
Milton's liberatarian doctrines declared that all the human being are by
nature born free and endowed with reason and the right to realise their
own destiny and that rulers must exercise their authority under the
restraint of law. Jefferson's famous phrase in the ‘American Declaration
of Independence', 1776 that all men are endowed by their creator with
certain inalienable rights and to secure them governments are instituted',
appears substantially as an expression of the first principle of Liberalism.
In real sense it was England which first expounded the principle of civil
liberty.

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Fiscal Liberty:
According to this principle there should be "no taxation without
representation."It was the slogan given by the middle classes who were
producers of all new wealth of the community and they naturally claimed
that they should be allowed to decide as to how and by whom their
money was to be spent. Both civil and fiscal liberty were related to
property rights of their owners.
Locke's doctrine to justify revolutions against arbitrary rule provided
Americans a completely satisfying basis for opposition to the new
colonial policy.Ideas of Sidney, Harrington, Milton and Locke found a
very fertile ground in America which was a new emerging nation.It was
felt by the middle classes that without fiscal and civil liberty they would
not be able to exist and be exploited by arbitrary rulers.
Personal Liberty:
The liberty of a man in the capacity of an individual person is his
personal liberty.This doctrine covered several rights and duties related to
private domain of the individual. The American Declaration of
Independence, the English Bill of Rights, the Habeas Corpus Act, and
the Petition of Rights all aimed to secure these freedoms. But rights are
relative.
Social Liberty:

This implies equality. It means that there should be no discrimination on

grounds of caste, colour, creed, sex, race and economic position. In
essence, social liberty means that all men are born equal and they must
have equal opportunities of progress.
Economic Liberty:
It means that the individuals should have the right to property and
contract. This frees the individual from economic restraints and also
enables him to form partnerships and associations. The inclusion of
these rights under the heading economic liberty by Hobhouse was not
the result of any logical doctrines but was the result of historical
experiences.
The middle classes were keen to get all the restarting imposed by feudal
lords removed and they wanted to curtails the sphere of state activity to
the minimum. Economic liberty for the early liberals was simply
acceptance of the policy of laissez-faire. The present concept of
economic liberty is altogether different from the early liberal concept.

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Modern concept has been explained by Laski thus: "By economic liberty
mean security and the opportunity to find reasonable significance in the
earning of one's daily bread. I must, that is, be free from the constant
fear of unemployment and insufficiency which perhaps more than other
inadequacies, is the whole strength of personality. I must be
safeguarded against the wants of tomorrow".
Domestic Freedom:
It covers equal right for women as regards to property and marriage and
rights for children. Children were to have rights even against their
parents. They need to be protected against maltreatment, cruelty and
exploitation. They were also to have the right to education.
Administrative, Geographical and Racial Liberty:

This concept implied administrative and local autonomy and the rights of
nations to self-determination. As the middle classes grew in power both
economically and politically they found themselves in conflict with
different social orders in those areas where they wanted to establish
themselves.Naturally then, they became strong defenders of the rights of
nations to self-determination. For instance the liberals in England
supported the cause of American colonists for self-determination and
administrative autonomy. They even defended racial equality where the
exploitation of an alien race involved the destruction of their own
economic order.
International Liberty:
This concept means peace and international cooperation and the
formation of world federation of states. Liberals were opposed to the use
of force as an instrument of national policy or militarism.Capitalism
needed peace and international cooperation for the free flow of goods
from one country to another and they all pleaded for the removal of all
political and other barriers which stood in the way of efficient
development of world trade.
Political Liberty and Popular Sovereignty:
An individual enjoys public or political liberty in the capacity of a Citizen.
In other words, as a member of the state, the individual has theright to
constitute and control the government. Universal adult suffrage is the
means through which the citizens constitute the government.It means
that all men should have rights and all must be enabled to enjoy equality
of opportunity in political sphere.

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These two concepts namely political liberty and popular sovereignty
were described by Hobhouse as the crown and glory of liberalism. The
doctrine of popular sovereignty was stressed by the Declaration of
Independence in America. It means that sovereignty lies with the people
and the supreme power of political decision and action vests in the
people.
14.5 JOHN HOLLOWELL CONCEPTS OF THE CLASSICAL
LIBERALISM
According of John Hollowell, the classical liberalism is based on the
following beliefs and assumptions as Absolute value of human
personality and spiritual equality of all individuals.
 Autonomy of individual will.
 Rationality and goodness of man.
 Existence of inalienable rights to life, liberty and property.
 State came into being by mutual consent.
 Law is superior as an instrument of social contract.
 Government has limited negative functions.
 Individual is free in all spheres of life.
14.6 STATE IS A NECESSARY EVIL
In Thomas Paine's word the state is a necessary evil.
 It is necessary in the sense that it establishes order and security
and contracts are ensures that enforced.
 It is evil in that it imposes a collective will upon society, thus limiting
the freedom and responsibilities of the individual.
 The central theme of classical liberalism is a commitment to an
extreme form of individualism.
 Human beings are seen as egoistic, self seeking and largely self
reliant creatures.
 In what C.B. Macpherson termed "Possessive Individualism", they
are taken to be the proprietors of their own persons and capacities,
owing nothing to society or to other individuals.
 This atomistic view of society is underpinned by a belief in negative
liberty meaning non interference, or the absence of external
constraints upon the individual.
 This implies a deeply unsympathetic attitude towards the state and
all forms of government intervention.

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14.7 CLASSICAL AND MODERN LIBERALISM
A line of demarcation is made between the classical liberalism and the
modern liberalism. Liberalism had originated in the 17th and 18th
centuries. It was also known as classical liberalism. The fundamental
feature of classical liberalism is liberty of the individual. It stands for
freedom of individuals in all spheres. It believes in innate goodness of
man and natural order in society. It also advocates various rights
including the natural rights.
These rights are made very sacred, so that the state cannot take them
away in any circumstances. The state is given a minor role to play in the
theory of classical liberalism. The state is viewed as a negative
institution having minimum functions and that state is said to be the best
which governs the least.The classical liberalism is negative in character.
The modern liberalism is positive in character. The tremendous growth
of the activities of the state in the 20th century had resulted in the
emergence of powerful state and positive liberalism.
14.8 MODERN LIBERALISM
Modern liberalism is described by a more thoughtful disposition towards
state intercession. This shift was conceived out of the acknowledgment
that modern private enterprise had simply produced new types of
injustice and left the mass of the populace subject to the ideas of the
market. The modern liberalism was affected by crafted by JS Mill, the
purported New Liberals like T.H. Green, L.T. Hobhouse and J.A.
Jacobson who advocated a more extensive positive perspective on
opportunity.
The new liberalism emphasized the positive or substantive aspect of
liberty. The Political rights and economic freedoms demanded earlier by
classical liberalism for the new middle class. This had also been
achieved by this time. The mounting pressure of the working class for a
better deal forced the capitalist state to revise its policies in the socio-
economic sphere.
Liberalism in its modern phase, tended to widen its base with a view to
include the positive measures for the amelioration of the lower classes
within its purview. This involved abandoning the policy of laissez-faire
and adopting the principle of the welfare state.
The Welfare state also undertook labour welfare legislation, such as
fixing hours of work and social security for old age, etc. It also undertook
nationalization of public utilities in order to obviate the scarcity of
essential supplies and services.

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14.9 MAJOR FEATURES OF POSITIVE LIBERALISM
It has firm faith in the rights and liberty of the individuals, enjoyed in a
free and open society. Liberty is positive in character and has a social
dimension.The state is viewed as positive in character. It is instrumental
in the development of the human personality through social reforms and
welfare measures.It believes in regulated and planned economy in the
overall interests of society. Liberty and equality are complementary to
each other. Democracy and socialism are viewed complementary to
each other. Modern liberals puts emphasis on groups rather than
onindividuals. Modern liberals believe in change which is gradual,
evolutionary, piecemeal and incremental, opposed to class struggle. It
has tremendous faith in constitutional, democratic and parliamentary
system of governments.
14.10 TREMENDOUS INCREASE OF THE FUNCTIONS OF THE
STATE

The 20th century has marked some changes in liberalism. Due to the
impact of the tremendous increase of the functions of the state, the state
is no longer viewed as the silent spectator to social issues and
problems. Rapid industrialization has made labour a new force. The
complex nature of the modern state has given rise to functional
representations.
Different interest groups have to play important roles in society. The
emphasis has been shifted from an individual to a group. Modern
liberalism takes all these factors into consideration. It pleads for
maximum benefits to the labourers. It recognises trade unions and
advocates equal pay for equal work.
Modern liberalism does not accept non-interference by the state in the
sphere of individual activities. It argues that 'the ultimate aim of the
public policy is protection and promotion of equal opportunity to each
person to develop his personalities. Modern liberalism has changed in
conformity with the authoritarian tendencies of modern society.
The democratic socialism advocates change which should evolutionary
and not revolutionary. It stands for a world free from all exploitation and
tyranny. It aims at peaceful transition without interfering in the domain of
personal liberty. The supporters of modern liberalism cite the example of
the USA. The American liberalism is not opposed to the state
interference in certain spheres.

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14.11 RESURGENCE OF LIBERALISM: TOWARDS NEO-
LIBERALISM
Broadly speaking, the main principles of contemporary liberalism may be
identified as follows:Individualism, Utilitarianism, Libertarianism and
Communitarianism.
Berlin in his book "Two Concepts of Liberty" (1958) tried to project his
view point by giving a new turn to the distinction between negative
liberalism and positive liberalism. In both cases, liberalism implies the
absence of restraint.Berlin has confused two spheres of positive
liberalism namely the moral sphere and the material sphere.
Hayek on his book Constitution of Liberty' (1960) used the term 'liberty'
and 'freedom' interchangeably. He argued that “a man possess liberty or
freedom when he is not subject to coercion by the arbitrary will of
power”. Hayek particularly sought to contrast individual freedom with
three other means of freedom which represent political freedom, inner
freedom and freedom as power respectively.
Friedman in his 'Capitalism and Freedom' (1962) sought to identify
capitalism or a competitive market society as a necessary condition of
freedom which implies repudiation of equality for the sake of maintaining
freedom.
Nozick (Libertarianism) is another prominent liberal who seeks to
oppose the principle of equality in strong terms. In his 'Anarchy, State an
Utopia' (1974) he argues that individuals do have certain rights.
In his Anarchy, State and Utopia (1974) Nozick tries to determine
functions of the state on the basis of his theory of origin of the state.
Nozick asserts that individuals have certain rights in the state of nature.
Marxist concept of freedom is different from the liberal individualist view
of freedom. According to Marxist view, “capitalist system of production is
not at all conducive to condition of human freedom”.
Marx in his 'Economic and Philosophic Manuscripts' laid down an ethical
basis of socialism and humanist foundations of freedom.
Marcuse in his book Eros and Civilization (1966) has given a blue print
of society.To him where alienation will be removed, the freedom will be
restored.
Macpherson in his 'Democratic Theory', 'Essays in Retrieval' (1973)
argued that in the capitalist market society developmental power of the
poor sections is negligible, their extractive power is nill. He also argued
that the western democratic theory is characterized two basic principles

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(a) maximization of utilities and (b) Maximization of powers. Essence of
freedom lies in fully realizing his creative faculties. Real freedom can be
exercised through developmental power, as distinguished from
extractive power.
14.12 PRINCIPLE OF INDIVIDUALISM
In the contemporary political thought, the principle of individualism has
been interpreted in several contexts which include
 Possessive individualism,(Machpherson)
 Methodological individualism, (Karl Popper)
 Moral Individualism (Immanuel Kant)
14.13 CONTEMPORARY SOURCES OF COMMUNITARIANISM
Communitarianism seeks to transform the conventional view of
liberalism. lt holds that the individual is the sole proprietor of his own
person or capacities for which he owes nothing to society. Contemporary
sources of communitarianism may be found in the view of Oakeshott
Arendt Macintyre Sandel (Liberalism and the Limits of Justice) Charles
Taylor (Sources of the Self) and Michael Walzer (Spheres of Justice).
14.14 CONTEMPORARY DEBATE ON LIBERALISM

The features of Contemporary debate of liberalism are Contemporary

liberalism emphasizes stability and equilibrium in the system, rather than
human values. Capitalist societies are being termed as "post-capitalist
societies" and liberal democracies are being called "post liberal
democracies." The contemporary liberal view with regard to democracy
is that people should not be given open participation in the complex
procedures of society. They should have the right to vote.Through social
regulations and reforms, capitalism will get humanized and socio-
economic political problems created by capitalism will then be solved
within the existing socio-economic order. It believes in a welfare
democracy.
14.15 CRITICISMS

Liberalism has failed to redeem mankind from its Predicament. It

has been criticized on two grounds. Liberalism retains its Bourgeois
character which is an actual imbalance of group interests.Liberalism
emerged for the security of the interests of the bourgeoise when political
force was used by primitive interests. R.H. Tawney in his Acquisitive
Society has noticed: The tale of the battle between humanitarian
guideline and the theory of property communicated from the eighteenth

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century is recognizable. Nobody has failed to remember the resistance
offered for the sake of the right of property to manufacturing plant
enactment, to lodging change, to impedance with the contaminated of
products even to necessary sterilization of private houses. Such
contentions are presently not progressed. The socialist are very critical
of liberals. They strongly criticise the liberal belief of slow change and
compromise. Critics view liberalism as defeatist philosophy.
14.16 ISSUES BEFORE MODERN LIBERALISM
The 21st century has marked some changes in liberalism. Due to impact
of tremendous increase of the functions of the state, the state is no
longer viewed as the silent spectator to social issues and problems.
Rapid industrialization has made labour a new force.The complex nature
of the modern state has given rise to the functional representations.
Different interest groups have to play important roles in the society. The
emphasis has been shifted from an individual to a group the in modern
age. The concept of democratic socialism is partly a manifestation of
modern liberal thinking.
14.17 NEO-LIBERALISM

Neo-liberalism is an updated version of classical political

economy which is now revined developed in the writings of free market
economists such as Friedrich Hayek and Milton Friedman and
Philosophers such as Robert Nozick. The central pillars of neo-liberalism
are the market and the individual. The goal of neo-liberal is to roll back
the frontiers of the state in the belief that unregulated market capitalism
will deliver efficiency, growth and wide- spread prosperity.
14.18 MAIN ISSUES OF NEO-LIBERALISM
 Development, less, not more poverty of countries and people.
 Equity, Less, not more disparity between and within nations and
generations.
 Inclusion, less not more marginalization and exclusion of the people.
 Human security less, not more vulnerability of countries and the
people.
 Less Sustainability, not more depletion and degradation of the
environment.
 Globalization.
 Structural Adjustment.
 Regional Economic Integration.
 Human development.
 Ethics, not violation of human rights and disregard human values.

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Neo-liberalism is sometimes referred to as 'neo-liberal institutionalism.
This term distinguishes neo- liberalism from earlier varieties of liberalism
such as commercial liberalism. Theories which link free trade with peace
and resurgence of Libertarianism Doctrines
The empirical liberals like Schumpeter and Robert Dahl treat democracy
as a mechanism to bring about equilibrium in society. They are not
concerned with moral issues. For them democracy is essentially a
competition between two or more elite groups for power to govern
society. Some American Political Scientists even regard a low level of
citizen participation as essential for the maintenance of equilibrium. For
the 19th century theorists, democracy was a humanist aspiration.But for
the 20th century, it is essentially a market equilibrium system.
There has been some resurgence of libertarian doctrines in the name of
human dignity and individual autonomy recently. This is leading
liberalism on the one hand towards the 19th century individualism and
on the other to a new concept of justice. The later trend has become
significant.The early 20th century replaced liberty by equality. Now both
are being synthesized and transformed by a concept of justice in terms
of the Aristotelian ideal of character, self-knowledge and virtue. Society
is being viewed as a community of individuals.
LET US SUM UP

Liberalism is a Political and moral philosophy based on liberty,

consent of the rights and equality before the law. Liberalism also ended
mercantilist polities, royal maroplies and other barriers to trade, listed
promoting force trade and free markets. Liberalism is distinct from
liberalism advocated by laissez faire economic policy but instead it is
highly constructivist and advocates astate to bring about marketlife
reforms in every aspect of society.
CHECK YOUR PROGRESS
1. Liberalism Stands for
a) Social liberty b) Political liberty c) Economic liberty
d) All the above
2. The term ‘liberalism’ originated from the word ‘Liber’ from ______.
a) Greek language b) Latin language c) French language
d) English language
3. Neo liberalism of the state started from _________.
a) 17th century b) 18th century c)19th century
d) 20th century

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GLOSSARY
Liberalism : Free
Classical liberalism : It is a belief in economics and a political
Ideology.
Neo liberalism : Free market.
Modern Liberalism : More thoughful disposition towards state
intercession.
ANSWER TO CHECK YOUR PROGRESS
1. Social liberty
2. Latin language
3. 19th
MODEL QUESTION

1. Discuss the meaning of liberalism?

2. What is the difference between classical and modern liberalism?
3. What is Neoliberalism?
SUGGESTED READINGS
1. Mahajan,V.D.(2006), Political Theory, S.Chand & Company ltd,
New Delhi.
2. Agarwal,R.C. (2006), Political Theory, S.Chand & Company Ltd,
New Delhi.
3. Kapur, A.C. (2006), Principles of Political Science, S.Chand &
Company Ltd, New Delhi.

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UNIT–15

MARXISM – SOCIALISM
STRUCTURE
Overview
Learning Objectives
15.1 Marxism
15.1.1 Classical Marxism
15.1.2 Historical Materialism
15.1.3 Communist Manifesto of Marx
15.1.4 Tenets of Marxism Dialectical Materialism
15.1.5 Stalin and Dialectical Materialism
15.1.6 Father of Communism
15.1.7 Materialistic Conception History
15.1.8 Surplus Value
15.1.9 Political Economy of Marx
15.1.10 Gotha Programme
15.1.11 Class Struggle
15.2 Socialism
15.2.1 Definitions of Socialism
15.2.2 Tenets of Socialism
15.2.3 Evolutionary and Revolutionary Socialism
15.2.4 Fabianism, Exponents of Fabian Society
15.2.5 Evolutionary, Socialism and Fabianism
15.2.6 Objectives of Fabianism
15.2.7 German Social Democracy (Lassalle)
15.2.8 Revisionism (Edward Bernstein)
15.2.9 Syndicalism
15.2.10 Guild Socialism
Let us sum up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings

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OVERVIEW
Marxism is a Social, Political and economic theory started by Karl
Marx, which centers around the battle among industrialists and the
common laborers. He accepted that this contention would eventually
prompt a revolution in which the middle class would oust the industrialist
class and hold onto control of the economy. Communism is an
egalitarian economics and political framework dependent to distribute
responsibility for method in creation. Sociologists fight that common
responsibility for battle arranging give an ethical equivalent conveyance
of labor and products and a more impartial society. In this unit, we will
discuss about the most important concept as marxism and Socialism.
LEARNING OBJECTIVES

After going through this unit, you will be able to

 Understand the concept of marxism and various other concepts of
marxism.
 Examine the concept of Socialism and their importance in
contemporary world.
 Analyse the Evolutionary and Revolutionary Socialism.
15.1 MARXISM
The philosopher, social scientist, historian and revolutionary, Karl
Marx, is, without doubt, the most influential socialist thinker of 19th
century. Marxism has exerted tremendous influence on human thinking
and social movements from mid- nineteenth century onwards. Its main
tenets are found in the Communist Manifesto and Das Capital, the two
monumental works of Karl Marx (1818- 1883). Marxism describes the
society with his "Five Stages of History" as determined by economic
structures.
15.1.1 CLASSICAL MARXISM
 Classical Marxism refers to the body of theory directly expounded
by Karl Marx and Friedrich Engels.
 The term "Classical Marxism" is used to distinguish between
"Marxism" as it is broadly understood and "what Marx believed",
which is not necessarily the same thing.
 Classical Marxism can also refer to the second era of Marxism.

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15.1.2 HISTORICAL MATERIALISM
 The First Stage being Primitive Communism (hunters and
gatherers with private no merchant class property).
 The Second Stage is a Slave Society, where a few people "own"
all the land and everyone else has nothing; these people then
become slaves working for no money with no profit motives.
According to Marx, This leads to the class tensions in the society.
 The Third Stage is Feudalism, where the laborers are serfs, not
slaves. They bring in little cash so there is almost no benefit
thought process. In the long run creates since the serfs can't deal
with innovative change, however this new class doesn't fit in the
predominant economic design.
 The Fourth Stage is Capitalism. This will further develop the benefit
intention since individuals are working for compensation. Laws are
made to ensure abundance and the affluent. Yet, as indicated by
Marx, this will just work with Capitalism. He likewise accepted that
Capitalism consistently prompts imposing business models and
accordingly individuals into neediness; the better the unrestricted
economy works, the sooner it will obliterate itself.
 The Fifth Stage (and last) is Communism. At this point, the entire
cycle stops. This stage is portrayed by a raunchy and stateless
society. At last the government will shrink away and become
outdated. The economy would deal with the rule of from each as
per his ability and to each as indicated by his necessities.
 As per Marx, change starting with one phase then onto the next is
programmed and self-moved; as it is inborn in the economic
design, which comprises of relations of creations and method for
creation.
15.1.3 COMMUNIST MANIFESTO OF MARX
The Manifesto is divided into four parts. Its first part deals with the
history of social evolution.
 The second part deals with the doctrines of the communist party
and their justification.
 The third part contains a criticism of the existing socialist.
 The fourth part contains a reactionary and bourgeois socialism.
 The fourth part also contains a summary of the position of the
communist and their tactics in the face of opposition.
 The teachings of Marx were put to practical test by Lenin in Soviet
Russia and Marxism was developed further by him.

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15.1.4 TENETS OF MARXISM DIALECTICAL MATERIALISM
Dialectical materialism is the philosophical basis of Marxism. The
name, which was never used by the Marx himself, refers to the notion
that Marxism is a synthesis of philosophical dialectics and materialism. It
is seen as the complement of historical materialism or the "materialist
conception of history" which is the name given to Marx's methodology in
the study society, history. Dialectical materialism is also defined by the
reference to two claims by Marx: first that he put Hegel's dialectics back
on its feet and second, that his history of all hitherto existing society is
the history of class struggles.
Dialectical materialism is characterized by the belief that history is the
product of class struggle. Hegel's dialectics aims at explaining the
growth and development of the human history. Through the gradual
unfolding of idea or spirit in dialectical manner.
He considered that truth was the product of history and passed through
various moments, including the moment of error and negativity. Marx's
dialectical materialism goes against Hegel's idealism, that history is not
the product of the Spirit but the effect of material class struggle in
society. Theory has its roots in the materiality of social existence.
The Marxian dialectics holds that contrary forces are present in every
stage of society and constitute the moving force of history. The present
capitalistic stage is also faced with its antithesis, the proletariat. The
capitalists and the worker are in conflict with each other. The outcome of
this class struggle will be the establishment of a society where there
shall be no classes and therefore no class struggle.
Starting with the Hegelian dialectic, Marx developed three important
doctrines:The materialist conception of history,The doctrine of surplus
value andThe doctrine of class war.
15.1.5 STALIN AND DIALECTICAL MATERIALISM
Stalin indicated the following essentials of dialectical materialism
 All phenomena are organically connected and limited by each
other;
 All phenomenon should be considered from the stand point of their
movement, change, and development Internal contradictions are
inherent in future things, something which is still developing.

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15.1.6 FATHER OF COMMUNISM
Marx is popularly called the father of communism. Marx is
famous for his analysis of history, summed up in the opening line of the
introduction to the Communist Manifesto (1848): "The history of all
hitherto existing society is the history of class struggles." Marx believed
that capitalism would be replaced by communism.
His notable ideas developed with Engels, include the alienation and
exploitation of the worker, The Communist Manifesto, Das Capital,
Historical materialism. Marx's philosophy was influenced by Kant, Hegel,
Feuerbach, Smith, Ricardo, Rousseau, Goethe, Fourier, and it
influenced the ideas of Luxemburg, Lenin, Trotsky, Mao, Georg Lukas,
Antonio Gramsci, Sartre and Frankfurt School.
15.1.7 MATERIALISTIC CONCEPTION HISTORY
The materialistic conception of history is the application of the
principles of dialectical materialism to the study of the development of
society. According to Marx all fundamental historical changes are
determined by the mode of production or the economic forces.
Any change in the mode of production brings a corresponding change in
social relations. In changing the mode of production mankind changes
all its social relation. Mode of production has two components: Forces of
production and relation of production. Forces of production cannot
remain static; they have an inherent tendency of development in the
direction of achieving the perfect society. The superstructure of society
is erected on the foundation of productive forces.
15.1.8 SURPLUS VALUE
Marx defined value as the 'crystallised labour and pointed about
that the value of a commodity is equal to the value of labour necessary
for its production. Of the four factors for productions as land, labour,
capital and organisation only labour is variable.While the other factors do
ne change value in the process a production, labour produces surplus
value over and above is Equivalent.
The award remuneration which the worker gets for his administrations is
considerably less than the worth he delivers. This distinction between
the wages paid to the work and the worth got by the capitalists is called
excess worth. The worth made well beyond what the work is paid for, is
appropriated by the capitalist which is straightforward abuse. The pace
of excess worth shows the level of abuse of work by the capitalist. The
substance of capitalist misuse is the creation of the excess esteem.

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Capitalists are not interested in delivering fundamental and shopper
merchandise that are helpful and required by the society however in
removing as such excess worth as could be expected. The instrument of
production machinery, tools and materials upon which labour can be
performed are owned by the capitalists.
The labourer owns merely his ability to work, which is highly perishable.
The labourer must therefore sell his labour power for whatever wages he
is offered. The capitalist knows it and takes advantages of the worker's
disabilities. By paying him less, the capitalist earns more profits. To earn
more profits, he must pay less to the workers. The surplus value which is
created by labour power is appropriated by the capitalist. The theory of
surplus value is analysed by Marx in his book Das Capital.
15.1.9 POLITICAL ECONOMY OF MARX
Prior to capitalism, markets existed in Europe where producers
and merchants bought and sold commodities. Marx said that a capitalist
mode of production developed in Europe became labour itself when
commodity was passed to the peasants who became free to sell their
own labour power and needed to do so because they no longer
possessed their own land.
People sell their labour-power when they accept compensation in return
for whatever work they do in a given period of time. In return for selling
their labour they receive money, which allows them to survive. Those
who are bound to sell their labour power are called proletarians. The
person who buys the labour power, generally someone who does own
the land and technology to produce, is a "Capitalist" or "Bourgeoisie."
The proletarians inevitably outnumber the capitalists. Marx distinguished
the industrial capitalists from the merchant capitalists. Merchants buy
goods in one market and sell them in another. Since the laws of supply
and demand operate within given markets, there is often a difference
between the price of a commodity in one market and another.
According to Marx, capitalists, on the other hand, take advantage of the
difference between the labour market and the market value of whatever
commodity is produced by the capitalists. Marx called the difference
"surplus value" and argued that this surplus value had its source in
surplus labour, the difference between what it costs to keep workers
alive and what they can produce. The capitalist mode of production is
capable of tremendous growth because the capita list has an incentive
to reinvest profits in new technologies. Marx considered that the

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capitalist has constantly revolutionized the means of production. But
Marx argued that capitalism was prone to periodic crises.
Marx suggested that over time, capitalists would invest more and more
in new technologies, and less and less in labour. Since, Marx believed
that surplus value appropriated from the labour is the source of profits,
he concluded that the rate of profit would fall even as the economy grew.
When the rate of profit falls below a certain point, the result would be a
recession or depression in which certain sectors of the economy would
collapse.
Marx understood that during such a crisis, the price of labour would also
fall and eventually make possible the investment in new technologies
and the growth of new sectors of the economy. Marx believed that this
cycle of growth and collapse would be punctuated severe by
increasingly crises.
The long-term consequence of this process was necessarily the
enrichment and empowerment of the capitalist class and the
impoverishment of the proletariat. He believed that the proletariat should
seize the means of production, and encourage the establishment of
social relations that would benefit everyone equally and system of
production less vulnerable to periodic disaster. In general, Marx thought
that peaceful negotiation of this problem was not possible and a massive
well-organized and violent revolution would be required, because the
ruling class would not give up power without violence.
15.1.10 GOTHA PROGRAMME

Marx wrote in his "Critique of the Gotha Program", that "between

capitalist and communist society there lies the period of the revolutionary
transformation of the one into the other”. This is also a political transition
period in which the state can be nothing but the revolutionary
dictatorship of the proletariat. He was aware of the possibility that in
some countries, with strong democratic institutional structures (e.g.
Britain, the US and the Netherlands) this transformation could occur
through peaceful means, while in countries with a strong centralized
state-oriented tradition, like France and Germany, the upheaval will have
to be violent.
15.1.11 CLASS STRUGGLE
Marx views that the history is not a record of wars between
various peoples but as a succession of the struggle between the
oppressor and the oppressed classes. In every age, according to him,
society becomes divided into two major contending classes. The

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privileged class which owns the means of production and the toiling
class which earns livelihood by working for other.
The privileged or the "haves" exploit the 'have-nots" to appropriate
surplus value for themselves. In a class-society, there have to be some
who exploit and other who are exploited. This is inherent in the system
and has nothing to do with the subjective feeling or desires of the
privileged class. The oppressors and the oppressed, carry on a struggle
which ends either in a reconstruction of society or in the ruin of both the
classes.
The modern capitalistic society has not done away with this class
antagonisms. It has only established new classes, new methods of
exploitation and new forms of struggle. The present day capitalist society
also consists of two classes whose interests are inherently hostile, viz..
the bourgeoise and the proletariat. In fact, the development of capitalism
has simplified these class struggles and now it is heading to its own
destruction, if we consider the working of the capitalistic system.
The capitalist owns the means of production whereas the worker has
only his labour power to sell. The capitalist wants to secure the labour
power of the worker at the lowest cost to be able to earn maximum
profit. The fact that labour power is perishable and cannot be preserved
for the next day, puts in the hands of the employer a great weapon of
aggression and exploitation and the capitalist takes full advantages of
this situation.
But as soon as workers become conscious of exploitation, they organize
themselves and raise their banner of revolt. The oppressive character of
the capitalistic system lies in the fact that it compels the worker to live on
the margin of subsistence. The capitalists not only control the institutions
to their own advantage they also identify 'social good' with their own
good.
They exclude the non-possessing class from a share in social benefits.
Hence a struggle is at present going on between the capitalists and the
proletariats. The shortcoming of the capitalist system and its lack of
social justice are not generally recognized. This had led to various
attempts at amelioration which do not however remove the inherent
defects of the system. According to Marx, the capitalism itself contains
the seeds of its own destruction.

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15.2 SOCIALISM
The expression "Socialism" was first utilized with regards to the
mid nineteenth century European social critics. In this period, socialism
rose up out of a different cluster of regulations and social investigations
related fundamentally with British and particularly Charles French
masterminds Robert Owen, Proudhon, Louis Fourier, Blanc, and Saint-
Simon. These social critics upheld the changes, for example, the
libertarian appropriation of the riches and the change of the society into
little networks in which private property was to be canceled. Socialism
alludes to another political request in society. It imagines a financial
framework wherein property and the appropriation of abundance are
dependent upon social control. This control might be either immediate
practiced through well known cooperatives like laborers boards or
aberrant practiced for individuals by the state.
As an economic framework, socialism is frequently portrayed by state or
local area responsibility for method for creation. The modern communist
development had its starting point to a great extent in the common
development of the late nineteenth century. In this period, the
expression "Socialism" was first utilized regarding the European social
critics who censured capitalism and private property. For Karl Marx,
socialism implies the abolition of money, markets, capital, and labour as
a commodity.
Since the 19th century, socialists have differed in their vision of socialism
as an economic organization. A few socialists have advocated the total
nationalization of the method for creation, while social liberals have
proposed specific nationalization of key enterprises inside the structure
of the blended economies. During the eighteenth century Enlightenment,
analysis of the possibility of private property showed up in crafted by
political scholars like Jean Jacques Rousseau in France.
Early socialists varied broadly about how socialism was to be
accomplished. They varied pointedly on major questions, for example,
concentrated versus decentralized control, the job of private property,
the level of libertarianism and the association of family and local area
life. Holy person Simon suggested that creation and conveyance would
be completed by the state. It would likewise be managed by logical and
mechanical specialists who might devise a logical division of work
prompting social concordance. Fourier and Owen supported the change
of the society into little, neighborhood aggregates with no intricate
frameworks of the social association.

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15.2.1 DEFINITIONS OF SOCIALISM
Bertrand means equality of income and nothing else. G.D.H.
Cole, “Socialism means four closely connected things a human
fellowship which denies and expels distinctions of class, a social system
in which no one is so much richer or poorer than his neighbours are
unable to mix with them on equal terms, the common ownership and use
of all the vital instruments of production and an obligation upon all
citizens to serve one another according to their capacities”.
Gandhi, “Socialism is a beautiful word and so far as I am aware, in
socialism all the members of society are equal-none low, none high”.
Robert Blad, “Socialism is the common holding of the means of
production and exchange and the holding them for the equal benefit of
all”.
15.2.2 TENETS OF SOCIALISM
 Emphasis on society
 Promotion of social justice
 Establishment of egalitarian social order
 The state ownership of means of production and distribution.
 Abolition of private property
 Economic and social reform
 Reaction against capitalism
15.2.3 EVOLUTIONARY AND REVOLUTIONARY SOCIALISM
Evolutionary socialism might be recognized from the
revolutionary socialism, which tries to present socialism in its entirety to
supplant capitalist framework by the communist framework.
Revolutionary socialism tried to change the social framework altogether
as opposed to tolerating little concessions for the under favored
segments. Evolutionary socialism concedes a demeanor of give and
take among capitalism and socialism.
Revolutionary socialism emphasizes the organization of the working
class to fight capitalism, overthrow the capitalist system through
revolution, and create socialism for the means of production and
distribution in its entirety. Revolutionary socialism renounces the theory
of balance or compromise between various interests in the society. It
looks to invert the situation of the prevailing and ward classes of
capitalist society and at last to annihilate the states of predominant itself
in order to get a tactless society.

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15.2.4 FABIANISM, EXPONENTS OF FABIAN SOCIETY
 Bernard Shaw
 Graham Wallas
 H.G. Wells
 Annie Besant
 Mrs. Sidney Webb
 Olivier
 Willam Clarke
 Stewart Headlam
 Campbell
 Ramsay MacDonald
 E. Davies
 Harold Laski
 R.H. Tawney
 Herbert Finer and
 Leonard Wolfe
15.2.5 EVOLUTIONARY, SOCIALISM AND FABIANISM
As a result of all these factors, several organizations for
propagating socialist idea were formed and one of them was the Fabian
society in 1884 which tried to adapt socialism to democracy.The society
had in its fold great intellectuals such as Edward R. Pease, George
Bernard Shaw, Graham Wallas, H.G. Wells, Annie Besant, Mrs. Sidney
Webb, Olivier, Willam Clarke, Stewart Headlam, Campbell, Ramsay
MacDonald and later on E. Davies, Harold Laski and R.H. Tawney also
came in its fold.Herbert Finer and Leonard Wolfe were also its
adherents. It was purely a middle class movement. Bernard Shaw said,
“We were then middle class all through and it is unreasonable to expect
a society so constituted to be ardent class strugglers and
revolutionaries”. In a sense it may be said that there was no Fabian
doctrine, but only a Fabian policy.
15.2.6 OBJECTIVES OF FABIANISM
 Emancipation of the land and industrial capital
 Dissemination of the Socialist ideas
 Universal education
15.2.7 GERMAN SOCIAL DEMOCRACY (LASSALLE)
 German social democracy was developed by Ferdin and Lassalle
 It is another version of German socialism.
 Lassalle accepted the Marxian doctrine of economic interpretation
of history so far as it implied that the rise of the working class and

129
 the consequent decline of capitalism were inevitable in the future
society.
 Lassalle evolved a different view regarding the nature and the role
of the state.
 Lassalle envisaged a constitutional and peaceful transition from the
capitalist state to a worker’s state.
15.2.8 REVISIONISM (EDUARD BERNSTEIN)
Another important school of evolutionary socialism that emerged in
Germany itself was the revisionist school led by Eduard Bernstein. It
also sought to revise some of the basic tenets of Marxian theory.
According to Revisionism, “the class struggle had become less intense
because the conditions of the working class had improved rather than
deteriorate”. Large areas of industry had remained in small scale
production rather than concentrated in large scale industries.
Bernstein insisted that socialism should be treated more as a movement
than an ultimate goal. Karl Kautsky continued to defend Marxian theories
which remained the official doctrine of communal parties of Europe, but
revisionist tactics became part of the socialist struggle. Bernstein
rejected Marx's materialistic interpretation of history which implies the
inevitability of class conflict as the road to socialism.
15.2.9 SYNDICALISM

The Socialist movement developed in France and in the Latin American

countries in the form of Syndicalism. Syndicalism originated as a trend in
the French labour unions and their federations as cells of the future
socialist order, it insists on the complete independence of labour unions
from political parties. Syndicalism accepted the class theory of Marx. It
urged industrial action as the only effective means. It preached abolition
of the political state. The goal of syndicalism is to replace the present
state with a state dominated by trade unions through strike and violence.
15.2.10 GUILD SOCIALISM

In the first quarter of the 20th century, there was another socialist
movement in England, known as Guild Socialism. Guild socialism
originated as a trend in the British labour movement which enjoyed great
ideological success in the period from 1916 to 1926. It upheld for the
abolition of the wage system and demanded representation of the
workers in the industrial management. It sought to restructure the old
state which was an instrument of exploitation.

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LET US SUM UP
Marxism is a social, Political and economic philosophy named
after Karl Marx. It examines the effect of capitalism on labour,
productivity and economic development and argues for a worker
revolution to overturn. Capitalism is in favor of communism. Socialism is
form of government in which most forms of property, including at least
the major means of production and normal repowers, are owned or
controlled by the State.
CHECK YOUR PROGRESS

1. Which two philosophers developed the principal concept of

Marxism?
a) Marx and Engels b) Marx and Plato c) Plato and Mill
d) Marx and Austin
2. According to marx, the State is
a) The ethical Idea b) A necessary evil
c) an instrument of class exploitation d) A necessary good
3. The term ‘Socialism’ was first used in
a) 16th century b) 17th century c) 19th century
d) 20th century
GLOSSARY
Marxism : It is a Political and economic Theory where a
Society has no class separation.
Communism : The Political system in which the State owns and
controls all services.
Socialism : An economic and Political system where the
workers own the means of production.
ANSWER TO CHECK YOUR PROGRESS

1. Marx and Engels

2. An instrument of class exploitation
3. 19th century
MODEL QUESTION
1. Explain the Marxism Theory.
2. What are the main ideas of Karl Marx?
3. Describe the Types of Socialism.

131
SUGGESTED READINGS
1. Kapur, A.C. (2006), Principles of Political Science, S.Chand &
Company ltd, New Delhi.
2. Agarwal,R.C. (2006), Political Theory, S. Chand & Company ltd,
New Delhi.
3. Mahajan, V.D.(2006), Political Theory, S.Chand& Company ltd,
New Delhi.

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UNIT - 16

FASCISM
STRUCTURE
Overview
Learning Objectives
16.1 Fascism
16.2 Definitions of Fascism
16.3 Italian Fascism
16.4 Comparison between Nazism and Fascism
16.5 Main Objectives and General Principles of Fascism
16.6 Fascist Idea of the Nation
16.7 Fascist Idea of the State and the Individual
16.8 Genesis of Fascism
16.9 Features of Fascism
16.10 Principles of Fascism
16.11 Economic Ideology of Fascism
16.12 Merits
16.13 Demerits
Let us sum up
Check your progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW

Fascismis a form of authoritarian characterized by dictatorial power,

forcible suppression of opposition, and strong regimentation of society
and of the economy, which came to prominence in early 20th century,
Europe. Fascism is a government structure where a dictator has
complete control of the entire country, State, or territory. Anyone who
opposes this dictator is suppressed and the individual rights are often
oppressed. In this unit, we will discuss about foundations of fascism.

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LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand the meaning and definitions of Fascism.
 Know the fascism idea of nation and Principles of Fascism.
 Analyse the merits and demerits of Fascism.
16.1 FASCISM

The term fascism was first used by Benito Mussolini. The main
source was social Darwinism as interpreted by Nietzsche’s irrationalism,
traditionalism and idealism.The main motto was "my programme is
action not talk". The last source of fascism is idealism which he got from
Gentile. It is an authoritarian political ideology and mass movement.
Fascism emphasizes the role of the personal will in creating political
institutions, the use of violence in suppressing political and ideological
enemies and an existentialist emphasis on "living the moment
dangerously". Originally, the term fascism was used by an Italian political
movement that ruled Italy from 1922 to 1943 under the leadership of
Benito Mussolini. Fascism attracted political support from diverse
sectors of the population, including big business, farmers and
landowners, nationalists and reactionaries.
Mussolini defined fascism as being a right-wing collectivistic ideology in
opposition to socialism, liberalism, democracy and individualism. He
wrote The Political and Social Doctrine of Fascism. Hannah Arendt
classified Italian fascism as an ordinary authoritarian ideology and
included only Stalinism and Nazism as totalitarians. Fascism is also
considered to be a form of collectivism.
16.2 DEFINITIONS OF FASCISM
Schneider "The fascists are the gypsies of Italian politics, not
being tied down to any fixed principles; they proceed increasingly
towards one goal, the future well being of the Italian people."
Mussolini, "My objective is simple; I want to make Italy great, respected
and feared; I want to render my nation worthy of her noble and ancient
traditions. I want to accelerate her evolution towards the highest forms of
national cooperation; I want to make a greater prosperity always
possible for the whole people. I want to create a political organization to
express, to guarantee and to safeguard our development..". Thus for the
fascists the glorification of Italy with strong and vigorous government and
prosperous people was the chief aim and objective and for it any
methods or tactics could be employed.

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Rocco, “Fascism as a 'new conception of civil life', a powerful innovating
movement and the beginning of a new culture. It repudiates democracy,
liberalism and socialism, as the first two look to the interests of an
economic class. Whereas fascism looks to the interests of all”. For
fascism, Rocco writes, "Society is the end, individuals the means and its
whole life consists in using individuals as instruments for its ends".
16.3 ITALIAN FASCISM
 Fascism in Italy combined the elements of corporatism,
totalitarianism, nationalism, militarism and anti-communism.
 Italian fascism was the authoritarian political movement which
ruled Italy from 1922 to 1943 under the leadership of Benito
Mussolini.
 Mussolini claimed to be the founder of fascism.
 It also won support of Italians who were anti socialist.
 Fascism won support as an alternative to the unpopular Liberalism
of the time.
16.4 COMPARISON BETWEEN NAZISM AND FASCISM
Nazism differed from Italian fascism that it had a stronger emphasis on
race, in terms of social and economic policies. Mussolini's Fascism held
that cultural factors existed to serve the state and that it wasn't
necessarily in the state's interest to interfere in cultural aspects of
society. Where fascism talked of state, Nazism spoke of the Volk and of
the Volksgemeinschaft. The Italian fascists did not reject the concept of
social mobility, and a central tenet of the fascist state was meritocracy.
However, fascism also heavily based itself on corporatism, which was
supposed to supersede class conflicts.
16.5 MAIN OBJECTIVES AND GENERAL PRINCIPLES OF
FASCISM
Fascism in Italy was founded on mass support. Failures of democracy
gave an opportunity to the fascist adventurists to win the support of the
masses. Then a country with a fairly advanced industrial development
provided a rich and fertile ground for fascism to grow.
16.6 FASCIST IDEA OF THE NATION

Fascism conceives of the nation as the ultimate moral being. It is an

organism, evolving through countless generations. Fascists equate
nation with society. It represents the ultimate synthesis of all the material
and spiritual values of the race and state is "the legal incarnation of the
nation".

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National state is the ultimate reality, being more real than the individuals
or groups which compose it and claiming the absolute loyalty of all.
Individual's and group's interests must be subordinated to the interests
of the nation which alone is "the march of God on earth" and which
alone can change class conflicts into national co- operation.
Glorification of the nation state is the first objective of the fascist. Men
owe duties to the nation and nation owes duties to none.A nation has got
the right to exist only if it can successfully complete with other nations in
the general struggle for existence. Thus, the fascist nationalism is
imperialist in character. Fascists say, "Imperialism is the eternal and
immutable law oflife.
16.7 FASCIST IDEA OF THE STATE AND THE INDIVIDUAL

The state is more than the sum of its individuals of one generation; it has
an actual entity of its own, a transcendental existence deriving from the
past, from the present and the future. The fascist state consists of
individuals grouped in accordance with their different functions in a
number of corporations through which they are linked on to the life of the
nation.
The fascist state is an organic state with "a varied symmetry of classes
organized in syndicates and corporations of syndicates and above all
directed by its hierarchies". The state is all powerful controlling and
directing the lives of the citizens. The fascist state is totalitarian in
nature. Politics, economics, art, literature, education and religion all are
to serve the needs of the state.
16.8 GENESIS OF FASCISM
Theory of Reaction Theory of counter-Revolution The doctrine of
fascism arose as a theory of reaction to democracy, socialism and
communism. While democracy and communism represented
progressive forces of the modern age, fascism sought to promote a
movement or tendency in the reversal direction. But it soon developed
into a force against revolution itself, especially against the revolutionary
force of communism.
Fascism may also be regarded as counter-revolutionary because it
sought to promote concentration of economic control in fewer hand as
also to stop diffusion of political power. Fascism also seeks to dilute the
revolutionary content of communism by an impoverished anti- Marxist
theory.It tries to replace materialism by a mystic of political idealism. It
rejects the theory of class conflict in favour of the organic unity of the
nation-state.

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16.9 FEATURES OF FASCISM
Emphasis on Irrationalism and anti-intellectualism
 Repudiation of democratic values
 Racialism and imperialism
 Totalitarianism
 Organic concept of the state
 Corporate state
 One party state
 Glorifications of war and opposition to international law.
16.10 PRINCIPLES OF FASCISM
It is an anti-democracy, anti-intellectual revolt against rationalism
and reason. It is a realistic philosophy whose motto was 'action not
talk.'It appeals to the people to achieve rapid progress within the
shortest possible time. It strikes at the very root of rational tradition.
Fascism strongly denounces the principles and foundation of
democracy.
It does not believe in the democratic principle of 'equality' or ‘liberty’. It
says that all men are not created equal. Fascism believes in violence.
Fascism has strong faith in racialism. Fascist ideology upholds the
theory of 'elite-nation' which makes them racially supreme to entire
mankind.
It is an enemy of international order and world peace. On the contrary, it
welcomes war and militarism. Mussolini writes, 'Fascism repudiates the
doctrine of pacifism'. In the words of Mussolini, 'war is to man what
maternity is to women.' Totalitarianism is another conspicuous feature
of Fascist ideology. It also employs totalitarian methods to enforce
control. It was composed of the representatives of workers, employers
and the state.
Mussolini ruthlessly suppressed all opposition parties except the fascist
party. He viewed democracy as the worst type of government. Fascism
believes in myths which are intended to rouse the feelings of the people.
It puts emphasis on propaganda through manipulation of mass media
and not a scientific education. Fascist concept of the state is organic.
The state is considered as a positive moral and spiritual fact. The state
is not only the guarantor of security, both internal and external, but it is
also 'the custodian and transmitter of the spirit of the people."Hence,
everything for the state nothing against the state and nothing outside the
state.

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16.11 ECONOMIC IDEOLOGY OF FASCISM
Economic ideas of Fascism differs from socialism as well as
individualism. G.D.H. Cole has summed up the economic ideology of
Fascism. Fascists do not wish to nationalize all means of production and
oppose communism. Italia Fascism believed that the productive capacity
of the state can be raised if private capital is allowed to exist.
In other words fascism believes in the utility of capitalistic system of
production. But it does not believe that capitalists should be left
completely unbridled and uncontrolled. Fascist economy was regulated
by means of the corporation of the state.
16.12 MERITS

Rocco described Fascism as the new conception of civil and

political life and the beginning of a new culture. Fascism arose when
democracy failed. It made the people aware about the vices of
democracy, liberalism and appealed to the people to sacrifice for the
greater benefits of the state. It put emphasis on duty, discipline and
devotion.
16.13 DEMERITS
Fascism is based on militarism, imperialism and war. It preaches
the gospel of belligerent nationalism and imperialist expansionism. It
justified violence and opposed peace. It paves the way for ruthless
dictatorship which has been criticized. It sacrifices individual on the altar
of the state. Fascism is criticized by the liberals because it does not
accept the principles of liberty and free government. The liberals attack
Fascism because of its anti-democratic and anti-humanitarian idea. It
denies all human values.
LET US SUM UP
Fascism embodied corporatism, in which political representation was
based on trade and industry rather than on geography. In this, fascism
revealed its roots in syndicalism, a form of socialism originating on the
left. The government characterised firms of the same industry, with
representatives of labor and management serving on myriad local,
regional, and national boards subject always to the financial authority of
the dictator’s economic plan. Fascism is a set of ideologies and
practices that seeks to place the nation, that is defined as exclusive
biological, cultural, and his traical terms, above all other sources of
loyalty, and to create a mobilized radical community.

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CHECK YOUR PROGRESS
1. Fascism developed in
A) Germany B) France C) England D) Italy
2. Fascism believe in
A) Imperialism b) Nationalism C) Capitalist
D) One State, one party and are one leader
3. When did Fascism end?
a) 1941 b) 1942 c)1943 d)1944
GLOSSARY

Fascism : Government in which most of the country’s power

is held by its ruler.
Totalitarian : Ensure control
Rocco – Fascism : Ideology of fascism interpreted by Alfred Rocco.
ANSWER TO CHECK YOUR PROGRESS
1. Italy
2. one State, one party and are one leader
3. 1943
MODEL QUESTION

1. What is Fascism?
2. Explain the main factures of Fascism.
3. Discuss the merits and demerits of Fascism.
SUGGESTED READINGS
1. Mahajan, V.D. (2006), Political Theory, S.Chand & Company ltd,
New Delhi.
2. Kapur, A.C. (2006), Principles of Political Science, S.Chand &
Company ltd, New Delhi.
3. Agarwal, R.C. (2006), Political Theory, S. Chand & Company Ltd,
New Delhi.

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UNIT –17

GANDHISM
STRUCTURE
Overview
Learning Objectives
17.1 Gandhism
17.2 Major Gandhian Ideologies
17.3 Gandhiji’s Education Concept
17.4 Self-Rule or Swaraj of Gandhi
17.5 Method of Non-Violence
17.6 Application of various facets of gandhian ideology
Let us sum up
Check Your Progress
Glossary
Answers to check your Progress
Model Questions
Suggested readings
OVERVIEW
Gandhism is a body of ideas that describes the inspiration,
vision, and the life work of Mohandas Gandhi. It is particularly
associated with his contributions to the idea of nonviolent resistance,
sometimes also called civil resistance. Gandhism starts with the famous
line ‘Simple living and high thinking’ and its objective is to transform the
individual and society. Therefore, in the turbulent times where the world
is grappled with so many problems, it is imperative to strive to inculcate
Gandhian philosophy in various facets of life and governance. The two
pillars of Gandhism are truth and nonviolence. In this unit, we will
discuss elaborately about the various thoughts of gandhism.
LEARNING OBJECTIVES
After going through this unit, you will be able to
 Understand the concept of Gandhism.
 Know the concept of Swaraj.
 Discuss the method of non-violence and its influence in the society.

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17.1 GANDHISM
Between the middle of the nineteenth and beginning of the
twentieth century’s the world has seen a galaxy of great men who
influenced their age in different ways. But none of them made greater
impact on the thinking and action of men than Mahatma Gandhi. His
ideas and deeds permeated the entire human community. He was
essentially a man who would be counted at par with the Buddha and
Christ. He was the greatest of the humanists the India presented to the
world in modern times".
Gandhi was not a philosopher in the academic sense of the term. His
ideas cannot be classed with any of the well-known schools of Indian
philosophy. He was a practical idealist. In advocating his philosophy of
action, Gandhi always advised men to consider the psychological fact of
human nature. He had tremendous faith in the goodness of man. Like
Rousseau he never considered man a born sinner.
According to him in human being’s love, cooperation, and desire of
general welfare always predominated over selfishness. His faith in the
inherent goodness of human nature was the basis of his humanism. The
sum of the energy of mankind was not to bring us down but to lift us up.
The equality of all men was the fundamental creed of Gandhi from the
days of his boyhood.
It was in South Africa that he laid the foundation of his philosophy of life
and made initial experiments to test its practicability. When he returned
to India in 1915 it was not to start something new; it was merely to carry
on work undertaken by him in South Africa for the good of his
countrymen. By justice he meant devotion to the cause of the oppressed
and the outcast. He decided to fight against the British Rule in India
because it led to the degradation of the poor.
Similarly, he considered it his duty to uplift the untouchable. By liberty he
meant realization of one's duties and complete dedication to perform
them without emphasis on the rights.
In all the spheres of his activity his only emphasis was on the good of
the people. Gandhi was essentially a man of religion. He was not
religious in the ordinary sense in which religion is understood in India. It
was religion based on truth and love or non-violence. Thus, for Gandhi,
religion means morality or a moral order. That is why religion for Gandhi
became the basis of all his activities.
It became his philosophy of life and it functioned as a source of strength
in him. He made it clear that religion in its real sense could become the

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basis of friendship among all mankind. He emphasized repeatedly that
religions were not for separating men from one another but rather for
binding them. He saw the conflict between different religions, he suffered
personally to establish harmony and as a matter of fact he laid down his
life for the cause of religious harmony.
Gandhi subscribed to the principle of equal regard for all faiths and
creeds: Sarvadharma Samanatra. According to Gandhi, “the aim of
religions was to lead man to face with God”. He considered God as
identical to truth. He tried to see God through service of humanity. As
God has created different faiths, there could be no question of our
having only one religion. He said, "Man's ultimate aim is the realization
of God and all his activities, political, social and religious have to be
guided by the ultimate aim of the vision of God”.
Gandhi's humanistic treatment of the whole problem of untouchables led
him to fight for their religious, economic, and political rights. He refused
to take them as a separate class apart from the Hindus. On this issue his
argument was simple when he said, "God did not create men with the
badge of superiority or of inferiority. And no scripture which labels a
human being as inferior or untouchable because of his or her birth can
command over allegiance. It is a denial of God and Truth which is God”.
Gandhi believed no social reform was possible unless each one of the
individuals was mentally transformed and economically uplifted. With
myriads of oppressed and neglected individuals nothing could be
achieved. The condition of Indian society is now fairly changed because
Gandhi set the ideals of equality irrespective of caste and creed in the
manifesto of the Congress Party much before it came to power. As a
staunch devotee of truth and justice, Gandhi laid special emphasis on
the necessity of recognizing women as equal to men. He emphasized
the teachings of the ancient Indian seers who honoured women.
The natural differences determine only the different duties and not
superiority or inferiority. He called upon women to shed the age-old
mentality of slaves and help men in the process or human evolution. He
considered women as "the incarnation of Ahimsa". He believed that a
woman could help a great deal in purifying the life of man by giving to
man her infinite love and infinite capacity to suffer. He made efforts to
eradicate the social evils like women illiteracy, child marriage and
widowhood. Gandhi considered communalism as the worst social evil in
India.
Communalism meant to him fight between people of different faiths for
their respective supremacy. He was secular in his outlook. With his

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broad religious attitude there could be no room for such a conflict. The
All-India Muslim League in the name of rights for the Muslims in India
branded Hindus as its enemies. This led to the growth of suspicion
among the Hindus and Muslims resulting in communal riots on many
occasions. He emphasized that India could not survive if Hindus and
Muslims fought against each other. He asked people to adopt a rational
and human approach towards the whole problems so that permanent
peace could be brought about.
Political freedom for India was Gandhi's main ideal during his struggle
against the British rulers. He felt that without freedom nothing was
possible. In his fight for India's freedom, he had a wider humanistic goal.
His attitude of a saint in tackling all human problems continued even in
the sphere of his political activity.
17.2 MAJOR GANDHIAN IDEOLOGIES
Truth and Non-violence: They are the twin cardinal principles of
Gandhian thoughts. For Gandhi ji, truth is the relative truth of
truthfulness in word and deed, and the absolute truth - the ultimate
reality. This ultimate truth is God (as God is also Truth) and morality -
the moral laws and code and its basis. Nonviolence, far from meaning
mere peacefulness or the absence of overt violence, is understood by
Mahatma Gandhi to denote active love - the pole opposite of violence, in
every sense.
Satyagraha: Gandhi ji called his overall method of nonviolent action
Satyagraha. It means the exercise of the purest soul-force against all
injustice, oppression, and exploitation. It is a method of securing rights
by personal suffering and not inflicting injury on others.
Sarvodaya: Sarvodaya is a term meaning 'Universal Uplift' or 'Progress
of All'. The term was first coined by Gandhi ji as the title of his translation
of John Ruskin's tract on political economy, "Unto This Last".
Swaraj: Although the word swaraj means self-rule, Gandhi ji gave it the
content of an integral revolution that encompasses all spheres of life. For
Gandhi ji, swaraj of people meant the sum of the swaraj (self-rule) of
individuals and so he clarified that for him swaraj meant freedom for the
meanest of his countrymen. And in its fullest sense, swaraj is much
more than freedom from all restraints, it is self-rule, self-restraint and
could be equated with moksha or salvation.
Trusteeship: Trusteeship is a socio-economic philosophy that was
propounded by Gandhi ji. It provides a means by which the wealthy

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people would be the trustees of trusts that looked after the welfare of the
people in general.
Swadeshi: The word swadeshi derives from Sanskrit and is a
conjunction of two Sanskrit words. ‘Swa’ means self and ‘desh’ means
country. So swadesh means one's own country. Swadeshi, the adjectival
form, means of one’s own country, but can be loosely translated in most
contexts as self-sufficiency. Swadeshi is the focus on acting within and
from one's own community, both politically and economically. It is the
interdependence of community and self-sufficiency.
17.3 GANDHIJI’S EDUCATION CONCEPT
Gandhi's concept of education is of quite significance in the
contemporary situation. His philosophical concept of education is entirely
based on the development of human personality, to maintain the
discipline, to create the manual work with learning and to develop the
culture of the peace. He was a great educationist and an individualist par
excellence. He knew that education is the most important means in the
society which can be used as an instrument of socio-economic progress,
material advancement, political evolution, and moral development of an
individual. Gandhi's whole philosophy and work was based on ethics and
morality. His concept of education is also founded on ethics and
morality. It may be said that his concept of education has full of religious
ideas. His philosophical thought on education is highly pedestal that
creates the socio-economic development of the society.
The ultimate aim of education is character development, which is
a sure steppingstone to nation-building. Gandhi propounded that one of
the most essential qualities towards this end is the purity of personal life,
which is ‘an indispensable condition for building a sound education’. He
rendered the recitation of Vedas, Sanskrit, Latin or Greek as irrelevant ‘if
they do not enable us to cultivate absolute purity of heart’. The end of all
knowledge, according to him, must be building up of character. This
formation of personal and spiritual character constitutes the part of his
concept of holistic education. Gandhi himself serves as a fine example
of this concept, constantly attempting to emerge as a better human
being. The Gandhian conception of personality is a holistic personality in
which every aspect, attitude and aptitude is given a balanced
development and his concept of education puts the highest importance
on the formation of the individual’s personality which will be capable of
subsuming the highest and ultimate ideals of human life.

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17.4 SELF-RULE OR SWARAJ OF GANDHI
The Self-rule or Swaraj, as Gandhi termed it as Kingdom of God
or Ramarajya. The aim of such government should be to recognize the
equality in birth and consequently the right of equal opportunity.
Democracy does not mean freedom to everyone for doing everything.
Mutual tolerance must be considered as a golden rule for a true
democratic order. Ramarajya conceives of a society in which all its
members get equal opportunity to express themselves and in which
none suffers under forced opinion. The Swaraj of my dream recognizes
no race or religious distinctions. He liked it to be 'Purna Swaraj'. So that
everyone is well protected.
Gandhi was not a narrow nationalist. His nationalism is neither
exclusive, nor aggressive nor destructive. India must learn to live before
he can aspire to die for humanity. For Gandhi freedom was not merely a
political fact but a social reality. As a politician he never tolerated or
compromised with injustice, wrong tyranny, and authoritarianism. He
was a patriot because he was humanitarian. He even said India must
die, if in her death the world was to live.
17.5 METHOD OF NON-VIOLENCE
Gandhi advocates the method of non-violence, the solving of all
human problems, whether religious or social, or political or economic.
Non-violence or ahimsa literally means non-killing. But with him it
acquired a distinct meaning. It meant not offending anybody, nor
harbouring an uncharitable thought even against one who behaved as
an enemy. It meant helping an evil doer. The practical application of
non- violence in life is Satyagraha or soul force.
The principle of non-violence is not new. Only its importance is
stressed in relation to the human species. Democratic order cannot be
saved without non-violence. True democracy means village industries,
through crafts, removal of untouchability, communal harmony,
prohibition, and non- violence organization of labour. Gandhi remained
firm on this principle because he was sure that in human relationship
truth could not the realized by any other primary education means. Non-
violence means humanistic attitude towards life.
17.6 APPLICATION OF VARIOUS FACETS OF GANDHIAN
IDEOLOGY
Civil Services: Truth lies at the core of Gandhian philosophy as he
himself has tried to remain truthful throughout his life. Gandhian view of
truth was irreversible in different contexts irrespective of the urgency of

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the situation. This was why Gandhiji cancelled the Non-Cooperation
movement after the satyagraha is deviated from the path of truth and a
violent incident of Chaurichaura took place. This principle of truthfulness
to self and to the public is essential for civil servants in the current
context to rampant corruption.
Peace and Stability in the World: Non-Violence is a key component of
Gandhianism, which was the great weapon used by Gandhiji during the
freedom movement of India against British Raj. Gandhiji believed non-
violence and tolerance require a great level of courage and patience. In
a world that is moving through the phases of war marred by violence and
terrorism, there is a significant requirement of Gandhian idea of non-
violence more and more today than the past days.
Secularism: Gandhianism was tolerant towards all religions and the
world today needs more and more religiously and faith wise tolerant
people in societies where violence is committed in the name of religion.
Tolerance in the society will help in neutralizing the ethnocentric bias in
the globe that is taking place day by day based on religion, caste,
ethnicity and region etc.
Creation of Casteless Society: Gandhiji was against the caste system
and coined the term Harijan to pay respect to the lower caste people. As
the Caste system is still prevalent in the Indian society, the Gandhian
philosophy is useful to create a casteless society where everyone is
treated equally irrespective of their caste.
Gandhian Socialism: Gandhian view of socialism is not political but
more social in its approach, as gandhiji thought of a society with no
poverty, no hunger, no unemployment and education and health for all.
These Gandhian ideologies will continue to act as the lighthouse for
Indian policy makers. From poverty alleviation to Sarva Shiksha Abhiyan
and universal health care (Ayushman Bharat) to skill India programs
everywhere the core inspiration comes from Gandhianism.
Decentralization: Gandhian idea of decentralization of power can be
implemented in democracies through empowered local self-governments
at grass root level. Indian government, for instance, has implemented
local self-government by adopting the Panchayati Raj and Municipality
system in rural and urban areas respectively.
Cleanliness: Gandhiji laid great emphasis upon cleanliness or
Swacchta, as he used to say- ‘Swacchta Hin Seva’. The recent
Swacchta Bharat Abhiyaan, the biggest cleanliness drive of India, is to
fulfill the dream of Bapu by making India clean. However, this

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cleanliness drive is more than physical cleanliness and the need to lay
more emphasis upon the internal cleanliness of the individual. Thus,
along with clean roads, toilets for a clean India we require a corruption
free society with greater levels of transparency and accountability too.
Sustainable Environment: Gandhiji held that “Earth has enough for
Human needs, But not for Human greed’s”. These lines of Mahatma
Gandhi reflect upon how human behaviour destroys nature and how a
sustainable way of living is the need of the hour. The world is whirling
under the burden of global warming, climate change and resource
crunch and all environmental conservation treaties and sustainable
development efforts must implement this Gandhian philosophy.
Ethical Importance: On the ethical and behavioural part Gandhianism
has much significance today because society is witnessing the
degradation of values. Societal values have degraded to such an extent
that people don’t hesitate to kill someone for the gratification of their own
needs. Respect for women is one of the major ideas of Gandhian
philosophy and the world is witnessing the increased level of violence,
subjugation women face nowadays in society. Thus, Gandhian dream of
a safe country necessitates social consciousness and women
emancipation.
LET US SUM UP

Gandhiji’s political contributions offered us independence but his

ideologies enlightened India as well as the world even today after so
many years. Every individual, thus, should follow the key Gandhian
ideologies in their day-to-day life for a happy, prosperous, healthy,
harmonious, and sustainable future. The basic Principles of Gandhism,
who for India’s freedom adhered to six principles in life as truth,
nonviolence, vegetarianism, Brahmacharya, Simplicity and faith.
CHECK YOUR PROGRESS
1. What did Gandhiji mean by ‘Swaraj’?
a) Freedom for the country b) Freedom for the country men
c) Self-government d) Complete Independence
2. Which of these slogans is associated with Gandhiji?
a) Freedom is my birthright b) Do or die
c) Delhi chalo d) Inqulab Zindabad
3. Non-violence was advocated by
a) Gandhi b) Tilak c) Naoraji d) Nehru

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GLOSSARY
Gandhism : Ideas that describes the inspiration, vision, and
the life work of Gandhi
Justice : Fairness behaviour or treatment
Nonviolence : Humanistic attitude towards life.
ANSWER TO CHECK YOUR PROGRESS

1. Self-government
2. Do or die
3. Gandhi
MODEL QUESTION
1. Explain the basic principles of Gandhism?
2. Discuss the Gandhi’s concept of swaraj.
3. What are Gandhi’s Principles of nonviolence?
SUGGESTED READINGS
1. Kapur, A.C. (2006), Principles of Political Science, S. Chand &
Company ltd, New Delhi.
2. Mahajan, V.D.(2006), Political Theory, S.Chand & Company Ltd,
New Delhi.
3. Agarwal, R.C. (2006), Political Theory, S.Chand & Company ltd,
New Delhi.

148
 TAMILNADU OPEN UNIVERSITY
B.A. Public Administration (BPASE - 11)
POLITICAL THEORY
Model Question Paper
Time: 3Hrs Max Marks: 70
PART –A (3 x 3 =9)
Answer any THREE questions in 100 words each. Each question
carries 3 marks
1. Explain the meaning of Political theory.
2. State sovereignty
3. Write about the criticisms of divine origin of state theory.
4. Define Liberty
5. What are the different theories of political obligations?
PART –B (3 x 7 =21)
Answer any THREE questions in 200 words each. Each question
carries 7 marks
6. Explain the relationship between Political Science with other
disciplines.
7. Describe the montesquieu’s theory of separation of powers.
8. Discuss the Characteristics of rights.
9. Bring out various rights of equality.
10. Elucidate the concept rule of law and its features.
PART- C (4 x 10 =40)
Answer any FOUR questions in 500 words each. Each question
carries 10 marks
11. Discuss the Empirical and Normative Approaches to the study of
Political Science.
12. Critically examine the Austin’s theory of sovereignty.
13. Enumerate the elements of the State.
14. Critically analyse the evolutionary theory of origin of State.
15. What is the difference between classical and modern liberalism?
16. Analyse the fascism concept’s contribution to political theory.
17. Examine the application of various facets of gandhian ideology to
contemporary world.

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