Pol - Science I
Pol - Science I
Ans. Introduction
Politics exists everywhere. It is all-pervading and as old as human beings. Politics prevails in
every sphere of human life. Whether one likes or not virtually no one is completely beyond the
reach of some kind of political system.
Political science is a social science and like its sister subjects it revolves around man and his
social (Political) environment. Being one of the oldest social sciences its nature and scope of the
study have undergone several changes over the centuries. Political Science first began with the
Greeks. The term ‘Politics’ is derived from the Greek word ‘Polis’ which means ‘city-states’
(Polity meaning Government, politeia meaning Constitution) and each city in those days was an
independent state, a principality in its own right. E.g. Athens, Sparta, Corinth etc.
Aristotle is regarded as “the father of Political science” on account of his far reaching and
permanent contribution to the field of politics. He called politics the Master Science because
politics determines the environment within which every person will organize his life. No one
can escape from the parameters set by politics. In his famous book ‘Politics’ Aristotle wrote,
“Man is by nature a Political Animal and he who is by nature or by accident is without state is
either above humanity or below it.” Politics is the control room of all human activities.
Definitions of Politics or Political Science
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The word politics has different interpretations. From Plato to Easton it has been interpreted in
different ways. Definitions of politics vary according to the variety of activities that have been
considered political from time to time. Though the study of politics existed in some form since
the time of Aristotle, the discipline was indistinguishable from moral philosophy and the study of
society in general until early 19th century. Its independence as a field of study was established
only in the later part of 19th century.
Early Definitions or Traditional View of Politics
According to the traditional political scientist from the early part of 20th century such as J W
Garner, Henry Sidgwick, R G Gettel and others Politics deals mainly with study of state and
government or related institutions.
R G Gettel defined politics as “the study of the state in the past, present and future, of political
organization and political function, of political institutions and political theories.”
According to Laski “the study of politics concerns itself with the life of man in relation to
organized states.”
According to Garner, “Political science begins and ends with state.”
According to Leacock, “Political science deals with government.”
Thus from above definitions it is clear that the traditional view of politics was narrow, static and
limited and included only the study of state and government, its structure and organization etc.
Modern view of Political Science
1) Power view
The dawn of the 20th century saw fresh ground being covered by political scientist such as
Laswell, Powell, Merriam, Morgenthau, weber etc. A more realistic analysis of political activity
is contained in the definitions of politics in terms of power.
Harold Laswell defining politics in empirical terms maintains that politics is the study of the
shaping and sharing of power. The fundamental issue in politics according to him is who gets
what, when and how?
Robert Dahl holds that, “politics involves to a significant extent power, rule or authority.”
According to Shaw and Pierce politics is the struggle for power to make authoritative decisions
for the whole society.
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Definitions emphasizing power focused attention on the fact that functions are more important
than forms or structures. Power is indeed a central idea of politics and examining this element
takes political enquiry into the core of the matter.
Importance of political science
1. It is the science that the studies the political power and authority of the state and
government.
2. It is the systematic study of the institution, organization, process and law of the
government.
3. It is the study of politics that may influence the government structures and processes in a
given society.
4. It is how the branches of government perform the various political task such as the
delivery of basic services.
5. It is the exercise of sovereign political right of the state and government to carry its task
for the improvement of quality of life in the society.
Scope of Political Science
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1) Study of State and Government
Political science is the science of state and government. It deals with the nature and formation of
the state and tries to understand various forms and functions of the government. Scholars like
Bluntschli, Garris and others believe that the scope of political science is restricted to the study
of the state alone. Scholars like Leacock attach more importance to the study of government that
to the state.
Political science makes a thorough investigation into the origin of the state. It also deals with the
elements of the state, sovereignty and law, ends and functions of state, the rights and obligations
of the individual, political institutions, forms of government, elections, political parties, public
opinion, local bodies and international bodies etc. it studies state as it is, as it has been and as it
ought to be.
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The study of political dynamics has become important in the twentieth century. It means the
current forces at work in government and politics. It covers a wide range of and includes political
parties, public opinion, pressure groups, lobbies etc. A scientific study of the working of these
political dynamics helps us to explain the political behavior of individuals and groups. The study
in this field is often done in collaboration with other social sciences like sociology, anthropology
and psychology etc. Human nature is not static but dynamic. Hence the study of political
dynamics becomes extremely essential to understand changing concepts.
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most effective means of resolving conflicts in any society. Apart from it Legislature, Judiciary,
Pressure groups also are some other means to resolve political conflicts at public level.
Politics is a Science
Politics is considered as science on the following grounds-
1. Politics can be studied in a systematic manner.
2. It is said that experimentation is possible in politics.
3. Political Science like other science has absolute and universal laws.
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4. It is possible to make predictions in politics but in a limited area.
5. There are certain principles and methods on which political thinkers unanimously agree.
6. Politics is subject which has scientific nature.
7. At present, politics has attained modernity.
Aristotle called politics as “Supreme Science.”
Politics is an Art
An art is a system of rules for the attainment of a given end. Art is the practical application of
knowledge for achieving definite end. A science teaches us to know whereas in art teaches us to
do. Art is an action with purpose. It lay down precepts or specific solutions for specific
problems. Some writers consider politics as an art because it deals with aspects of life and
explains the way how political affairs are to be conducted.
1. Kinship
Kinship is the most important and was based upon blood relationship and kinship was the first
strongest bond of unity. Family constituted the first link in the process of the evolution of the
state with the expansion of the family arose new families and the multiplication of families led to
the formation of clans and tribes. Kinship was the only factor which bound the people together.
According to Professor Mac Iver, the magic of names ‘reinforced the sense of kinship, as the
course of generations enlarged the group. The blood bond of son ship changed imperceptibly into
the social bond of the wider brotherhood. The authority of the father passes into the power of the
chief once more under the aegis of kinship new forms arise which transcends it. Kinship creates
society and society at length creates the state'.
2. Religion
Religion provided the bond of unity in early society. It also affected all walks of life. The
worship of a common ancestor and common goods created a sense of social solidarity. There was
fear in the hearts of men as far as religion was concerned. Even today we see religious practices,
affairs and faith in uniting people. In the early days a number of races are united by religion and
unity was essential for the creation of state.
3. Force
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Force also played an important part in the evolution of the state. It was the use of physical force
that was responsible for the growth of kingdoms and empires.
4. Property and Defence
Property and defence played a vital role in the evolution of state in ancient times particularly
among the people who were nomads and wagabonds and tribals. Prof. Laski has referred to the
necessity of acquiring property by the members of society and protecting the property acquired
with reference to the population mentioned above.
This led to making adjustments in the social system and relationship between the members of
different groups. The need to protect property ultimately compelled the ancient people to
establish the state.
5. Political consciousness
The last is political consciousness arising from the fundamental needs of life for protection and
order.
When the people settle down on a definite territory in pursuit of their subsistence and a desire to
secure it from encroachment by others the need for regulating things and persons is felt
imminently and this is the essence of political consciousness.
Conclusion
1. No single factor is responsible for state building.
2. It is result of evolutionary process in which kinship; religion, property, force and
consciousness of people are main factors.
3. State is natural growth over a long period of history.
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1 Thomas Hobbes
In the state of nature, men lived together without the state or government. Men possessed
natural rights which he acquired, from the law of nature. Men’s acts of movement were
motivated by self-interest and disregarded to the interest of others. There were continuous
conflicts, might was right, no justice existed, men ruled under insecurity. Furthermore,
intolerance, chaos and anarchy prevailed, weak was exploited by the strong. To Hobbes the state
of nature was the state of war, war of all against all. He further stated during the time when men
lived without common power to keep them all in the awe, they are in that condition there is no
place for industry… culture… no navigation… no commodities… buildings… no society… The
lives of men were solitary, poor, nasty, brutish and short.
2 John Locke
According to lock in ‘The State of Nature’, men had a peaceful natural life. They were free and
equal. However freedom is not licensed. The natural law of reason commands that no one shall
harm each other. There was no common superior; each individual work out his/her own
interpretation as a result there prevailed “full fear and continued danger” andthat was hostile to
his/ her rights of empowerment which was different from that of anarchy described by Hobbes.
According to Locke, people entered into two contracts, one is social and the other one is political
contract. In social contract they united into a community of peaceful living, secured the
enjoyment of their property this is social contract.
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Modem Writers mean that the state has its roots in the natural impulses of man and it cannot be
easily eradicated.
Definitions of State
1. According to Holland - "State is a numerous assemblage of human beings, generally
occupying a certain territory among whom the will of the majority or of an ascertainable class of
persons is by the strength of such a majority made to prevail against any of their number who
opposes it."
2. According to Garner - "The state, as a concept of political science and a public law, is a
community of persons more or less numerous, permanently occupying a definite portions of
territory, independent or nearly so, of external control and possessing an organized govt. to
which the great body of inhabitants render habitual obedience.
3. According to MacIver - "The state is an association which acting through law as promulgated
by a govt. endowed to this end with coercive power maintains within a community territorially
demarcated the universal external conditions of social order."
Elements
1. Population
It is the people who make the state. Population is essential for the state. Greek thinkers were of
the view that the population should neither be too big nor too small. According to Plato the ideal
number would be 5040. According to Aristotle, the number should be neither too large nor too
small.
2. Territory
There can be no state without a fixed territory. People need territory to live and organize them
socially and politically. It may be remembered that the territory of the state includes land, water
and air – space. The modern states differ in their sizes. Territory is necessary for citizenship. As
in the case of population, no definite size with regard to extent of area of the state can be fixed.
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There are small and big states. In the words of Prof. Elliott “Territorial sovereignty or the
superiority of state overall within its boundaries and complete freedom from external control has
been a fundamental principle of the modern state life”. 12 India has an area of 32,87,263 sq. km.
Approximately India occupies 2.4% of the global area.
3. Government
Government is the third element of the state. There can be no state without government.
Government is the working agency of the state. It is the political organization of the state. Prof.
Appadorai defined government as the agency through which the will of the State is formulated,
expressed and realized.
According to C.F. Strong, in order to make and enforce laws the state must have a supreme
authority. This is called the government.
4. Sovereignty
The fourth essential element of the state is sovereignty. The word ‘sovereignty” means supreme
and final legal authority above and beyond which no legal power exists. The concept of
“sovereignty” was developed in conjunction with the rise of the modern state. The term
Sovereignty is derived from the Latin word superanus which means supreme. The father of
modern theory of sovereignty was Jean Bodin (1530 – 1597) a French political thinker.
Q. 2. Write a short note on Divine Theory and Force theory of the Origin of the
state.
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Ans. Theories of Origin of State Divine Right Theory
The theory of divine origin of the state treats the state as synonymous with kingship; it is usually
invoked to uphold the divine right of the king. It holds that –
(a) the institution of state was established by the will of the, god;
(b) the king or ruler was appointed by the God himself ;
(c) the king is solely accountable to God, not to any other authority.
A systematic exposition of this theory was made by Robert Filmer in the "Patriarcha" In short,
the belief in divine origin of the state may be treated as a matter of faith rather than as a theory
based on any evidence. It was sharply attacked by John Locke and a bid to establish the will of
the people as the source of all authority in civil society.
The main points in the doctrine of the divine right of kings may thus be
summed up –
1. Monarchy is divinely ordained and the king draws his authority from God.
2. Monarchy is hereditary and it is the divine right of a king that it should pass from father to
son.
3. The king is answerable to God alone; and
4. Resistance to the lawful authority of a king is a sin.
The theory of divine origin was popular for a long time but later on it began to decline on
account of many factors.
Criticism
1. The theory of divine origin has been criticized on many grounds.
2. To say that god selects this or that man as ruler is contrary to experience and
commonsense.
3. God cannot be expected to do such worldly things for human beings.
4. The theory is dangerous because it pinpoints the unlimited and arbitrary power of the
kings.
5. The theory of divine origin of the state advocates only monarchical form of government.
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behaviour. It is associated with the rise of the Behavioural Science unbiased, neutral point of
view.
Behaviourlism seeks to examine the behavior, action and acts of individual rather that the
characteristics of institutions such as legislatures, executives and judiciaries and groups in
different social settings and explain this behaviour as it relates to the political system.
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Deference between state and society
State Society
1. The State is a compulsory 1. Society is a voluntary organization.
organization.
2. The State is a territorial 2. Society is not limited to any geographical
organization. area.
3. The State possesses the power of
coercion. Disobedience to its law 3. Society, on other hand. Does not enjoy
is followed by punishment.
the power of coercion Disobedience to
its rules may not be followed by any
physical punishment.
4. What
Q. 2. State is
derives its strength
the relation mainly
between state and government?
from laws. 4. Societies derive its strength from
traditions, customs and conversions.
5. Society is a very broad and
comprehensive organization of
5. State is only a political institution or
human beings.
organization.
6. State is a territorial entity.
6. Society has no territory.
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The government 'regulate the relationships’ among members of a society and between the
society and outsiders' and that they 'have the authority to make decisions for the society' to
meet goals and maintain order. While all of these definitions help us grasp the meaning of the
word 'government,' they provide a lot to remember, so let's summarize. Government, whether we
refer to the system or institutions in operation, the group of people in charge, or the process in
use, is the authority that sets rules for a society, helps its members relate to one another and to
others, and keeps it running smoothly, securely, and peacefully.
Deference between State and Government
STATE GOVERNMENT
1. State is an organized political 1. Government is the system by which a
community that lives under a single state or community is controlled.
system of government. 2. Governments are temporary.
2. State is more or less permanent.
3. State refers to a political entity that 3. Government generally refers to a
group of people.
is immaterial and non-physical.
4. State employs its power through the 4. Government controls the state at a
government. given time.
5. State is a sovereign authority. 5. Government uses the sovereign
6. State is a larger entity is includes
authority of the state as an element.
all individuals, associations and
6. Government is a smaller entity it
institutionsthat exist within its
comprises of the people only involved
territorial boundaries.
in the legislative, executive and the
7. Territory of the State is definite. judicial machinery of the state.
7. Government’s territory is not definite.
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Difference between State and Nation
STATE NATION
“A community where state power is deliberately used to modify the normal play of economic
forces so as to obtain a more equal distribution of income for citizen a basic minimum
irrespective of the market value of his work and his property.”
According to G.D.H. Cole “The welfare state is a society in which an assured minimum standard
of living and opportunity becomes the possession of every citizen.”
According to T.W. Kent“ State that provides for its citizens a wide range of social services.”
According to Ven Ratagay “Welfare state is a state which does not confine itself to the
discharging of mere police functions but takes a wider view of its obligations and undertakes all
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activities which are considered necessary and desirable to remove social evils and promote the
welfare of the population.”
A welfare state is a state in which organized is deliberately used in an efforts to modify the play
of market foxes in at least direction first by guaranteeing individuals and families minimum
income irrespective of the market value of their work or their property, second by narrowing the
extent of insecurity by enabling the individuals and families to need certain ‘Social
Contingencies’ and third by ensuring that all citizens without distinction of status or class are
offered the best standards available in relation to certain range of social services.
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UNIT-II
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God. Once a moral man and moral society is obtained, Gandhi felt that politics can be purified. It
is only when politics is based on the lofty values of religion that it can be purified. Thus for
Gandhi, religion and politics are closely related.
Gandhian Outlook
He was a man of action. He believed that unless and until the purity of heart s not there, no
problem can be solved. He emphasized on both the means as well as the ends. The purity of
means was uppermost in his mind. He attempted to realize a better ordering of human society.
Man ought to observe the code of morality. He prescribed the norms of truth, non-violence and
regard for means to which human conduct must adhere.
Concept of Truth
It was the prime goal for which he struggled. He believed that it would be appropriate to say
that" truth is God" rather than saying that "God is truth". Truth resides in every human heart; It is
his inner voice and one has to search for it. Truth involves self-suffering and there can be no
place for self-interest. He was even ready to sacrifice national freedom for the sake of truth and
non-violence. He considered truth as the active power of evolution in the universe.
Non – Violence (Ahinsa)
He said "non-violence is the first article of my faith. It is also the last article of my creed. "Infect
it was in the course of his pursuit of truth that he discovered non-violence. Ahimsa required
deliberate self-suffering not M the deliberate injuring of the supposed wrongdoer. Use of
violence not only lowers the victim but also the user of violent means because non-violence is
the law of our species as violence is the law of brute. He felt that only through non-violence the
dignity of the individual can be enhanced and the society and the politics can be purified.
Satyagraha
Satyagraha is the technique of resisting all that is evil, unjust, impure and untrue and resolving
all maladjustments in human relations by love, voluntary suffering and self-purification by an
appeal to the divine spark in the opponents soul. It is opposed to force, fraud and coercion. It is
the weapon of the strongest. It is resistance based on moral force.
Techniques of Satyagraha
(l) Non-Cooperation - like hartal, Social Boycott and Picketing.
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(2) Civil Disobedience.
(3) Hijrat - equivalent to voluntary exile from the permanent place of residence.
(4) Fasting.
(5) Strike.
Concept of State
He was a "philosophic anarchist". The modem state is based on force and violence. It is
exploitative in nature. Even the state is a democratic one; its authority rests on violence. Gandhi
disliked it. His vision was to establish a state based on higher moral virtues. It would encourage
voluntary cooperation among the people. Once the people cooperate voluntarily, there would be
no need of political power and the emerging result is a stateless society. The state is not an end.
The individual owes the state only limited loyalty. The individual has the right to resist the state
but only through non-violence means. He wanted to assign the minimum functions to the state.
He advocated the establishment of the system of panchayats, a system of
democraticdecentralization in order to develop active and virile citizens, specific fundamental
rights for the citizens and the establishment of economic equality in society.
Property and Trusteeship
Capitalists and landlords should work as trustees of the workers and the peasants. Let them apply
the bulk of their earnings not for themselves but as a trust for the good of their society. Every
man has a right to have a balanced diet, a decent house to live in, facilities for the education of
one's children and adequate medical relief. Any possession of property over and above, he
considered as superfluous. If the capitalists and workers are hostile to each other, Gandhi favored
state-ownership of industries. Trusteeship could reform the ailments of capitalism. Is based on
the faith that human nature is never beyond redemption. Gandhismis a philosophy of life and
Gandhi was a moral revolutionary. It aims to bring about a transformation in human life by the
supremacy of self-suffering love. The strength of Gandhism lies not in preaching but in putting
his ideals into practice.
SARVODAYA
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Vinoba Bhave was the chief exponent of sarvodaya movement. Later on, Jaya Prakash Narayan
also joined the movement. The sarvodaya society was established in January 20th, 1950. It
indicated a plan to attain social, moral and economic independence as envisaged by Gandhi.
The sarvodaya aims to establish a new social order on the basis of truth, love and nonviolence. It
is highly critical of the state and its govt. because both are based on force and coercion. Its aim is
to establish a society free from every form of authority. Its ultimate aim is to establish a stateless
and classless society.
Its main features are as follows:
1. No power should be dominant in society; there should only be a discipline of good thought.
2. All faculties of the individual to be dedicated to society which must provide the individual for
growth and development.
3. The moral, social and economic values of all the callings perform honestly should be the
same. The sarvodaya aims at the welfare and rise of all individuals. Men will be the center of
such society. But it rejects the theory of individualism or laissez faire. It argues that willing
submission to social restraint for the sake of the well-being of the whole society enriches both
the individual and the society of which one is a member. Its twin principles are physical labor
and non-possession. It considers wealth as the common heritage of society. Production will be
for consumption and mutual sharing.
Grounds of Sarvodaya
A no. of steps should be taken to transform the existing institutions according to sarvodaya:
1. It puts its faith in the doctrine of non-violence.
2. It aims towards the establishment of a decentralized society. As such, sarvodaya pleads for the
realization of gram raj or village self-govt.
3. It pleads for the establishment of the cottage and rural industries in order to make thevillages
self-sufficient.
4. It believes in the Gandhian concept of trusteeship.
5. It believes in secularism.
Programme of Sarvodya
It has comprehensive programs which are as follows:
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1. To establish communal peace and harmony;
2. To remove Untouchability;
3. To eliminate caste system;
4. To implement prohibition;
5. To encourage khadi and village industries;
6. To make village as a unit of self-govt.
7. To spread new education;
8. To propagate the ideals and rights towards women's equality and dignity;
9. To remove the provincial and sectarian feelings of narrowness;
10. To take steps towards the development of agriculture and labor organizations;
11. To provide service to tribes and other backward and weaker classes;
12. To provide other welfare activities to the society in general.
Ans. SOVEREIGNTY
Introduction
Sovereignty is an essential element of the state. State cannot exist without sovereignty. State is
regarded superior to other associations only because of sovereignty. In fact modern theory of
state got its proper shape and perfection only when the concept of sovereignty was introduced in
it. When we try to search for the origin of this concept we find that the term sovereignty is the
product of modern political thinking but the idea goes back to the time of Aristotle who referred
to it as the “supreme power” of the state. In middle age Roman jurist and civilians were also
familiar to this idea. But it was Jean Bodin who developed for the first time the theory of
sovereignty systematically in his book “Six Books on the Republic.”
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Meaning, Nature and Definitions
The term sovereignty is derived from the Latin word ‘Superanus’ meaning supreme. It is
basically a legal concept. It denotes supremacy of state. To understand the term sovereignty, it is
desirable to look into some definitions of the term given by some political thinkers.
According to Jean Bodin defined sovereignty as “absolute and perpetual power of commanding
in a state. It is supreme power over citizens and subjects unrestrained by law”.
According to Pollock says that “Sovereignty is that power which is neither temporary nor
delegated nor subject to particular rules, which it cannot alter, nor answerable to any other power
on the earth.’’
According to Burgers described sovereignty as “original absolute unlimited power over the
undivided subjects and over all associations of subjects. It is the underived and independent
power to command and compel obedience.”
According to D.F. Russell defines sovereignty as “the strongest power and supreme authority
within a state, which is unlimited by law or anything else.”
According to Laski sovereign is “legally supreme over any individual or group. It possesses
supreme coercive power.” The above definitions may differ from each other but one thing is
very clear and there is no doubt about the superior authority of sovereignty. The basic idea is that
the sovereignty is able to declare law, issue commands and take political decisions, which are
binding on individuals and associations within his jurisdiction.
Internal sovereignty means that the sovereign is the supreme authority over the individual and
associations, within its territory.
External sovereignty means that the sovereign is an independent entity, free from alien rule or
control, in its conduct with other states and international organization. Modern state claims
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supremacy in internal matter and freedom from the control of external governments on the basis
of the attribute of the sovereignty.
Characteristics-
Sovereignty has the following characteristics-
1. Sovereignty is absolute from the legal point of view.
2. Sovereignty is permanent. It lasts as long as the state. Change in government does not
end sovereignty but only transfers it to the next bearer.
3. Sovereignty of the state is universal. It extends to all within its territory.
4. Sovereignty is inalienable. Sovereignty of the state cannot be given away without
destroying the state.
5. Sovereignty cannot be divided between or shared by a plurality. To Gettell – “If
sovereignty is not absolute no state exists; if sovereignty is divided more than one state
exists; but with the emergence of the concept of federalism, the idea of dual sovereignty
was provided by Tocqueville, Wheaton and Halleck.
6. Sovereignty is exclusive. State alone has the sovereign authority and legitimate power to
make citizens obey its dictates. It is again important to note that all these characteristics
of sovereignty are peculiar to the legal notion of sovereignty. They are best represented
by an absolute monarchy. In the actual working of the state – especially in the case of
democratic, federal, pluralist and constitutional government – it becomes extremely
difficult to discover the seat or real character of sovereignty.
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Kinds of Sovereignty
Sovereignty can be classified into different kinds. This classification is based on the location of
sovereignty.
KINDS
1. Titular Sovereignty
By titular sovereignty we mean sovereignty by the title only. It refers to the sovereign powers of
the king or monarch who has ceased to exercise any real authority. 2 In theory he may still
possess all the powers but in practice sovereign power is enjoyed by some other person or body
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of persons. Titular sovereign is only a symbol of authority, a legacy of past. Britain presents a
good example of titular sovereign. The king is the titular head and he does not enjoy any real
powers. Actual powers are enjoyed by council of ministers and parliament. In India president is a
titular sovereign and the cabinet is a real sovereign.
3. LEGAL SOVEREIGNTY
The main features of legal sovereignty are as follows:
(1) The legal sovereign is always definite and determinate.
(2) Legal sovereignty may reside either in the person of a monarch as in an absolute monarchy;
or it may be vested in a body of a persons as in a democracy.
(3) It is organized and known to law
(4) It alone is competent to declare the will of the state.
(5) Obedience to the commands of the legal sovereign is obligatory; disobedience means
physical punishment.
(6) The legal sovereign alone is the source of all rights. He can take them back or even annul
them.
(7) The authority of the legal sovereign is final. It is absolute and supreme. It is subject to no
control within the state.
4. Political sovereignty
Political sovereignty is the hidden power of the mass of the people. But in developing
democracies, in practice, the political sovereignty rests in that class of people under whose
influence the mass of people actually are. It is eroded under the influence of demagogues,
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religious leaders and caste elites. As such, only an effective and healthy public opinion can
be identified with political sovereignty.
5. Popular Sovereignty
When the sovereignty resides in the people of the state it is called as popular sovereignty. This
theory was expounded by Rousseau, which later became the slogan of French Revolution. The
doctrine of popular sovereignty regards people as the supreme authority. It is people who decide
right or wrong. People are not bound by any natural or divine law. Government exists only as a
tool for the good of the people. It should be held directly responsible to the people. It can
exercise authority only on the basis of the law of land. Will of the people should not be ignored
Popular sovereignty is the basis of modern democratic system.
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Q. 3. Critically examine the main principles of Socialism.
Ans. SOCIALISM
Meaning
Socialism aims at that economic organization and social reconstruction by suitable means under
which the major instruments of production are placed under the ownership and control of public
authority in order to ensure that they are properly utilized to secure the public interest.
Evolutionary socialism relies on the democratic method, parliamentary reform and even
economic planning on the plea that the interests of the underprivileged sections, especially the
working classes might be represented and taken care of by their representatives and leadership.
Socialism as a principle of common ownership of society's wealth, for the common benefit is a
typically modem idea. In fact modem socialism arose from the failure of classical liberalism on
the humanistic front.
Types of Socialism
1. Utopian Socialism
The two outstanding pioneers of utopian socialism were Charles Fourier and Robert Owen. All
these thinkers agreed on one main point: that individual enterprise and market competition were
inimical to human welfare and that a cooperative form of social. Organization could provide the
remedy to the existing ills of society. The chief contribution of the utopian socialist was that they
draw society's attention to the inadequacies of the industrial system and painted a picture of a
society free from inequality, exploitation and injustice.
2. Scientific Socialism
Marx and Engel's dismissed all previous socialist thinking as utopian especially because it is not
based on a scientific understanding of the mechanism of social injustice in capitalist society. The
dialectical method originally signified a process whereby new ideas are generated through an
intellectual debate that is by the clash of conflicting ideas.
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3. Democratic Socialism
It is a modem version of Fabian socialism. They believe that the goals of democracy and
socialism are not separable from each other, both stands for the amelioration of the ordinary
man. Its main aims are: Partial socialization of production and distribution, Satisfaction of moral
as well as material needs, Freedom of thought and expression, No form of dictatorship, free
competition for power.
4. Welfare State
It denotes another combination of liberalism and socialism. The irony of welfare state is that it
seeks a compromise with capitalism. It pays lip service to socialist goals but never seeks to
replace capitalism against which socialism had arisen. Welfare state has been dubbed between a
half-way house between capitalism and socialism. Welfare state expands the scope of state
activity to a very large sphere. Welfare state also extends the regulatory sphere of the state. In
this way, welfare state assures help to the needy at every step.
Evaluation
1. No Coherent Doctrine.
2. Not based in the Working Class.
3. Legitimization of the Bourgeois Class.
Ans. Utilitarianism
It was another important expression of classical liberalism. Its main exponents are Jeremy
Bentham, James Mill, Henry Sidgwick, J.S. Mill. It holds that all practical reasoning should be
based on the concept of utility, which denotes a positive balance of pleasure over pain derived
from a thing, condition, action or policy. Bentham argued that political institutions and public
policies should be judged by their consequences. Satisfaction of the individual could be taken as
a yardstick of utility, public decisions should be governed by the principle of "greatest
happiness of the greatest number". Men always desire pleasure and averse only to pain. This
natural propensity provides the best standard of right action. He argued that pleasures derived
from different sources could be measured only in terms of quantities. He even laid down a
multidimensional scale for the measurement of pleasure and pain called "Felicific Calculus".
Each individual should be treated as one unit and that none should be given special
consideration: "Each to count as one and no one for more than one." Good govt. should be
based on free individual initiative, free competition, free suffrage and free elections. Social good
is comprised of the sum total of individual good and the state is left with minimal functions.
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3. Pleasure and pain that occur due to political sanctions: Such pleasure or pain are received
from the magistrate or the legislator.
Pleasure and pain which occurs due to religious sanction: Bentham himself explained these four
types of sources thus: Suppose a man’s house is destroyed by fire, if it is due to his own
imprudence, it is the punishment of nature. If it is at direction of some power, it is a punishment
of political sanction. If it is done by his neighbor, due to ill-will, it is a punishment of moral or
popular sanction. If it is an act for offending divinity, it is a punishment of religious sanction.
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Evaluation
Critics observed that Bentham reduced the individual to a consumer of utilities. It was J.S.Mill
who changed him into a doer and creator. Inconsistency in Bentham's thought shows his bias for
capitalism rather than his concern with humanity.
John Rawls says that utilitarian philosophy must be rejected on moral grounds. In calculating
aggregate happiness it tends to ignore the sufferings of particular individuals.
Ans. Liberalism
Liberalism includes the viewpoint of those who oppose absolute monarchy, age-old feudal
system and privileges of the church. It also includes the views of those who advocated
individualism and later parliamentary democracy.
The origin of the word 'liberalism' can be traced in the term 'liber' which means 'freedom or
liberty'. Those who are in favor of liberty of the individual are usually called liberals. Thus,
liberty of the individuals is the core of individualism. Liberalism and individualism are often
identified with each other. This is not totally correct. Now, liberalism gives precedence to the
society over the individual. It argues that welfare state can interfere in the activities unity can be
ensured. Constitutional govt., liberty, equality, fraternity and secularism are important principles
of liberalism. It’s ideal is coordination between proper development of the personality of the
individual and welfare of the entire community. The ideology of the liberalism first developed in
England during the 17th and the 18th centuries. Liberalism is of two types:
TYPES
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1. Classical Liberalism
It was limited to the demands of constitutional guarantee for rights of the individual. It appeared
as champion of religious tolerance, constitutionalism and rights of the man. Its objective was to
keep the individual free from the control and the activity of the monarch. The negative or the
classical liberalism did not want the state to possess unlimited powers, it did not want the state to
interfere in the economy and it did not want the state to violate the liberty of the individual.
2. Modern Liberalism
Nature of liberalism began to change towards the end of the 19th century. State is no more
regarded as a necessary evil. State is an instrument of welfare of the community. Liberals want
an ideal society inspired by the concept of welfare of the community. Western liberal
Democracies have adopted the system of mixed economy so that both private and public sectors
may co-exist as instruments of progress. Welfare state is the ideal of modem liberalism.
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6. It believes in the concept of natural rights of the man. Neither the society nor the state can
violate the natural rights of life, liberty and property as they are created by the nature.
7. It advocates religious freedom and tolerance i.e. secularism.
8. Constitutionalism is the main political doctrine of the liberalism. Absolute rule has no
place in it.
9. The democratic govt. is the ultimate objective of the liberalism. It believes in the concept of
popular sovereignty, which in turn means democratic govt. based on the consent of the people.
10. In international sphere, it advocates the ideal of world peace and peaceful settlement of
international disputes.
Evaluation
Negative liberalism liberated the individual from traditional authorities-the state and the church.
It maintained that political power is the trust of the people. Positive liberalism gave the idea of
the state that will remove the hindrances which come in the way of the development of the
human personality. Thus liberalism is a flexible philosophy. Its main tenets have changed with
the requirements of time. It is a doctrine of positive action maximum social welfare function to
be performed by the state. Critics of liberalism are generally the Marxists who call this
philosophy as reactionary and bourgeoisie. But with its emphasis on the welfare state, liberalism
may strengthen itself and meet the Marxian challenge more vigorously in the 21st century.
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It is also known as Scientific Socialism. Marxism interpreted social, pc1iitical and economic life
of man on the basis of class conflict. Exploitation has always been at the center of every class
structure. According to Marxism, exploitation will come to an end only when division of the
society into economic classes will be finished.
Fundamental of Marxism
It can be analyzed on the basis of four different theories –
1. Dialectical Materialism
This philosophy is based on the idealistic ideas of Hegel. Hegel described the entire society as
ever changing. The process of change was termed as 'being',' non-being' and 'becoming'. These
three stages were respectively described by him as 'theses', anti-theses' and 'syntheses. Every
abstract idea begins with theses. Naturally contradictions appear in the idea. These are called as
'anti-theses'. As a result of conflict, between theses and antitheses, a compromise is reached
which become the syntheses. Marx says that matter is most important. In the material world
change keeps on taking place, certain tendencies emerge, others disappear and while others
re-emerge. Material development is indicated by theses, anti-theses and synthesis. Marx says that
classless society will be ultimate of dialectical materialism.
a. Primitive Communism
Every individual himself was a consumer as well as a producer.
b. Slave Society
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With the development of agriculture the concept of ownership of land emerged. This was the
period of slavery. There were slaves and slave-owners.
c. Feudal Society
State as an institution stood at the head of the feudal order. Peasants called serfs were no better
than the slaves.
d. Capitalist Society
Large-scale industries were set up under private ownership. This means that the means of
production came in the hands of a one class - capitalists.
e. Socialist Society
Class struggle results n the victory of the working class. At this stage there will be a transitional
period of 'dictatorship of the proletariat'. Once that happen and production reaches the stage
when everyone can get what he needs, the state itself will wither away.
2. Theory of Value
This theory explains that the workers are not given adequate value - wages -of their labor.
Wages are arbitrarily fixed to exploit the laborers. Workers labor has its own value because it is
also sold and purchased in the market. Thus the value of labor depends on what has been spent
on production, development and protection of the labor power. The idea of this theory is that all
commodities including labor have their value. Marx says that surplus value is the principle cause
of class-struggle. The extra money earned by the capitalist is surplus value which should actually
have gone to the workers. But he does not get it.
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3. Dictatorship of the Proletariat
This is a transitional stage. The aim of Marxism is to achieve socialism through revolution. After
the revolution effort will be made to establish social control over means of production. State will
be used by the proletariat to liquidate capitalism. It will be dictatorial so that capitalism may not
succeed in regaining their lost power. According to Marx, this dictatorship will be more
democratic. Its aim will be to restructure the production system so that everyone may get work
according to his ability. State will be controlled by the workers. When classless society will be
established crime will also disappear because there will neither be shortage nor exploitation.
There will be no need of state. Thus state will wither away and communism will be established.
In communism all will be equal, there will be no private property, means of production will be
socially-controlled and there will be no conflict.
Evaluation
1. No sharp division of society into classes, especially middle classes.
2. Various welfare function adopted by the capitalist societies.
3. Inequality of power in socialist states.
4. Shift of focus from base to superstructure.
Gandhiji was hostile to the state. He neither regarded it as necessary nor divine or natural
creation. He believes that the state exists to serve the people to the state.
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Legal (Nominal) Sovereignty Political (Real) Sovereignty
45
UNIT- IIIrd
Definitions
According to C.J. Fedrick-“Power is not a primarily thing, a possession but rather a relation.”
According Robert Dahl-“Power is the capacity to change the possibility of result.”
According to H.D. Lasswell and A. Kaplan-“Political Science as an empirical discipline, is he
study of shaping and sharing of power.”
According Mac Iver-“Power is the capacity of centralization, regulate or direct the behaviour of
person or things.”
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According to A. R. Ball-“Political Power is the Capacity to affect another’s behaviour by threat
of some from of sanction.”
Characteristic Features
The following characteristics of power can be emphasized on the basis of the above-mentioned
definitions given by different scholars and thinkers.
1. Power is situational, which means that it depends on the position or personality ofQQ the
individual or class which exercises it. There are ample instances which exhibit that one person
occupying a particular post proves successful and enhances the grandeur and respect of the post,
while another person working on the same post meets utter failure and contributes in the decline
and downfall of that post. History is full such varying examples.
2. Power is bilateral in character, which implies that both ruled are affected by it. While
exercising it, the ruling class keeps in its mind the desires of the governed class because if the
desires of the ruled are neglected, the rulers may have to face the opposition of the people. Thus,
it is evident that power is exercised by rulers and ruled both in their own way.
3. Power is relational, as postulated by Lass well Kaplan. It makes possible to know the relation
between powerful and powerless and rulers and who are powerful, they get power is a
inter-human relation, because those gets the approval of others.
4. Sanction is inevitably essential for power. In fact, In, it may be valid and legal only when
sanction is inherent in it. It essentially means that if the capacity of person to get work done from
others is devoid of coercion, that capacity or ability can never be termed as power.
5. Power is essentially teleological and functional, which inevitably means that it is exercised for
the fulfillment of some or the other goal. If it is goallessly used, it will be essentially ineffective
and useless.
6. Power is essential related with external influence. Herman finer believed that the sense of
power reflected by all those external influences, through which any one can be compelled to
proceed towards any specific direction. This clearly implies that power is related the fact that it
may affect the external activities.
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Sources of Power
1. Knowledge
The most significant source of power in the human field is knowledge, which enables us to
move from darkness to light. In reality, knowledge implies self-realization, which helps us in
investigating, learning, thinking and developing mind and soul. Thus, it is evident that
knowledge is a very essential source of power.
2. Organization
Organization is also an equally important source of power. Organization may be defined a
determining what activities are necessary to any purpose (or plan) and arranging them in groups
which may be assigned to individuals. In fact, organization essentially involves three factors-
definite goal, sense of cooperation and several individuals.
3. Personality
History is witness of the fact that there had been several individuals in the society who had
become famous top ranking leaders of the society, though the reasons inherent may be either
their great sacrifice or social service, wisdom, political skill, oratory, organizational ability
competence to take quick decisions, attractive physical personality, or other god-gifted greatness.
Mahatma Gandhi, Sardar Ballabh Bhai Patel, Pt. Jawahar Lal Nehru, Jai Prakash Narain, etc.,
had been such great personalities who earned a lot of fame and popularity in the political field.
Charismatic personality of a leader is more powerful than others.
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4. Force
Right from ancient time, force has been considered to be an important source of power. Even
today strong nationals impose their will over weaker ones. War and treaties still occur on the
basis of coercion according to needs.
5. Status
Another source of power is the status of an individual. Economic status often helps in attaining
power. A financials well off man exercise much pressure even on highly posted officials and
ministers and he gets success in getting things done in his own way.
6. Skill
A tactful people usually exert more powers than others, Which is a clear proof that skill is
another source of power.
7. Wealth
Wealth is also an important source of power. Those possessing control over economic sources
and means of control provide source for livelihood to others. A wealthy person can easily
purchase voters, legislators to get him elected in elections and he can also succeed in getting
governmental laws and political favor.
8. Authority
Those, who have got an authority, normally become powerful and people in general adopt totally
a different attitude towards them.
9. Love and Humanity
Those who preach the lesson of love and humanity become powerful in the society. Father of the
Indian nation Mahatma Gandhi organized the country and kindled the fire of consciousness
among countrymen with the help of these elements due to which Indians succeeded in getting
free of the British slavery.
10. Military Force
Armed personnel easily exert their control over unarmed people and compel them to work
according their own wishes. Nations, having more and latest modern weapons, usually establish
their suzerainty over weaker nations through such weapons. America and soviet Russia had
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succeeded in forming two groups of capitalism and socialism only through this power during the
last century.
Kinds of Power
As there are various forms of power, it is quite difficult to measure it. Even then several attempts
have been made to measure it, so it is essential to associate them with different forms of power.
On the Basis of Hindu Scriptures- According to ancient Hindu scriptures, there are two
under-mentioned kinds of power-
1. Divine Power-if the power is exercised in the welfare of human being in accordance with the
religious rules and regulations; it is called as divine power.
2. Beastly Power-When the power is use for anti-religious and inhuman purpose, it is called
3. As beastly or physical power.
4. Its use is injurious for human welfare.
Other kinds
Other kinds of power in include political power, economic power, military power and national
power. A detailed discussion of the other kinds of power is being mentioned below-
Political Power
POWER
Economic Power Military Power
National Power
1. Political Power- Political power ultimately results into the government power. With the
support of this power, the government gets is orders obeyed by all the individuals and
associations formulated by them within its jurisdiction. Political power is supreme in all types of
power.
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2. Economic Power- The most significant power which affects the political power, is
economic power. This is the power of wealth. Those, who possess economic power, earn control
over political power. Those individuals, who are prosperous from economic view point, succeed
in earning political power.
3. Military power- In modern age, military power has very significant place. In democratic
states, military power is the machinery to make the authority of government effective. The state
is defended from the external invasion only with the help of military power and national
boundaries are safeguarded.
4. National power- The concept of national power occupies a significant place in modern
international politics. A nation maintains its relations with other nation on the basis of this power
and fulfills its national interest. National power is a collective power which takes shape with the
help of political, economic, military, cultural and psychological powers.
Importance of power
The concept of power is so important in political science, that in modern times it is defined as the
science of power. It is true that the concept of power is studied in other social sciences too, but it
has such a specifically and most significant place in the field of political science that Becker says
that it is inseparable from power and S.S. Ulwar avers that “of all social sciences, no one has
been more concerned with the concept of power than political science.” In fact power is centre to
the study of politics and politics is nothing but struggle for power. It is next to impossible to
separate power from the study of politics.
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Example- Police Commissioner has authority to issue order and get them obeyed by virtue of
authority he occupies.
Power + legitimacy = Authority.
Authority consists of two important components: power and legitimacy.
Authority means legitimate power which has been approved by the people or power in
accordance with the constitution or the law of the state.
A government officer is competent to use authority- his authority is clearly defined.
Meaning
In English the word 'Authority1 can be used to mean power given by the state.Origin of the
Word 'Authority' The word 'Authority’ is derived from the Latin word 'austoritus’ meaning‘
invention‘, 'advice', 'opinion', 'influence' or 'command' in English.
Authority means power given by the state in the form of government, judges, police officers etc.
The word 'Authority’ is used in the name of an organization; the name usually refers to the
governing body upon which such authority is vested.
Definitions
According to Mac Iver – “Authority is often defined as being power, the power of command
obedience.”
According to Rabert Dahl –“Legitimate power or influence is generally called authority.”
According to Jouvenel- “by Authority I mean the facility of gaining another man’s assent.”
Types
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Rational - Legal authority
Max Weber holds that the authority in a 20th century has been developed on the basis of
functions performed by specialized structures in a rational-legal system. Bureaucracy is its best
example. The rational-legal type of authority asserts that obedience is to be rendered only to law
i.e. to impersonal order of a person in a position of authority within the defined sphere.
Traditional Authority
Traditional authority simply appealed to long practice. In traditional societies, people act in
particular ways or accept the power of some people over themselves because they believe that
these rules have been followed from time immemorial. Religious authority is of this kind. The
authority exercised by tribal chiefs or village elders are based on this belief.
Charismatic Authority
Charismatic authority is believed on the basis of the supernatural qualities that are believed to be
in the possession of the leaders. People gave their support and obedience to them because of
some extraordinary personal qualities and also because they represent some ideals with great
precision and clarity. Lenin, Mao, Mahatma Gandhi belongs to this category. Acceptance of
authority is the most important concept of legitimization of power. Authority is subject to certain
limitations also. It is limited if it goes against morality or conscience. Since people obey out of
values they have internalized, any order against morality will lower the respect of the authority.
Characteristics of Authority
After defining the Authority, The, the characteristic features of its concept automatically and
spontaneously appear. Some of the most important and essential features of it are being
discussed below:
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1. Based on Reason
The authority is essentially based on reason. It means that it is recognized on the base of solid
logic and arguments, not on power or coercion. In the words of Carl J. Frederik- “The man who
has authority possesses something that I would describe as the capacity for reasoned elaboration,
for giving convincing reasons for what he does or proposes to have other to do.” People
unhesitatingly accept authority only due to this simple fact that it is based on logic.
2. Legitimacy
Legitimacy is essentially present in each and every Authority, otherwise the used power will
become coercive. In fact, it is the legitimacy which determines the effectiveness of authority.
3. Dominance
Another important feature of authority is dominance. The factor of dominance facilitates the
operation and control of the structures, activities and functions of political systems.
4. Not Formal Power
Authority is not formal power, but rather it is informal in character. It implies that authority lacks
that feature which is the main characteristics of power.
5. Feeling of Responsibility
Authority necessarily involves the feeling of responsibility or accountability. If a person or a
group of person enjoys and exercises authority, he is also answerable to some higher authority or
from whom he gets it. In a democratic set up, sense of accountability or responsibility is the most
important feature.
6. Acceptance
Authority is based on acceptance, which means that it should not be obeyed due to fear or the
apprehension of coercion.
Sources of Authority
Generally, there are three sources of authority specifically of the political authority. First is
tradition. Under it the right to rule emerges from a continuous use of political power based on
customs and traditions.
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The second source of authority, i.e., right to rule springs from the great qualities of head and
heart of the political leader. This type of source is known as charisma. Third and the last source
are legal-rational, in which right to rule originates from constitutional rules.
Functions of Authority
There are innumerable functions of authority, and it is utilized by various systems and
institutions for performing functions under different circumstances. Authority is most often used
for attaining the goals and objectives and fulfilling the responsibilities of systems. In, fact,
authority is significant as an end, means and principle, through which goals can be achieved.
According to Herbert Simon, there are three important functions of authority-
1. It assigns certain responsibilities to authorities;
2. It utilizes specialization for taking decisions; and.
3. It brings coordination among various activities.
Meaning of Legitimacy:
The word ‘legitimacy’ has been derived from the Latin world ‘legitimas’. During the middle
ages it was called ‘legitimitas’ which in English language was interpreted as ‘lawful’. Cicero
used the word ‘legitimum’ to denote the power constituted by law. Later on the word
‘legitimacy’ was used for traditional procedures, constitutional principles and adoption to
traditions. At still later a stage the element of ‘consent’ was added to its meaning. Consent was
considered the essence of legitimate rule.
Definitions
According to Lipset – “Legitimacy involves the capacity of the system to engender and maintain
the belief that the existing political institutions are the most appropriate ones for the society.”
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According to Kuhn Alfred – “Legitimacy has been constructed as the acceptance of major
bargain between the rulers and the ruled.”
According to Jean Blondel –“Legitimacy can be defined as the extent to which the population
accepts naturally without questioning, the organization to which it belongs.”
Characteristics of Legitimacy
On the basis of the above-mentioned definitions, following characteristics features of legitimacy
can be Enumerated-
1. People’s Belief in political System
Legitimacy develops confidence among the people on the functions, policies, decision, laws,
structures, etc. of political system. This procures popular support for political methodology
which is essential for its existence.
2. Converts Power into Authority
Legitimacy is a means for converting in to power into authority. If any authority is not
legitimate, either public will obey of fear or it will not at all obey. If power is covered with
legitimacy, people with themselves accept it. In the words of Robert A. Dahl “Legitimate power
influence generally called authority.
3. Related with effectiveness of political System
Legitimacy is related with the effectiveness of political system. In fact, the confidence over the
political system depends on this fact as to what extent it is active and skilled in working.
4. Natural Acceptance of People
The extent and quantum of legitimacy will be determined on the basis of the limit of the natural
approval of the political system by the people.
5. Based on public Faith and Values
In reality, the bases of political system of legitimacy are public faith and values. Any political
system can be considered to be legitimate only when it is in accordance with public faith and
values, otherwise it cannot remain legitimate.
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Sources of Legitimacy
According to Max Weber, there are three sources of legitimacy-
Tradition
Legitimacy may rest on an established belief in the sanction of immemorial traditions and on the
need to obey leaders who exercise the authority according to the traditions.
Exceptional Personal Qualities
Legitimacy may secondly be based on “devotion to the specific and exceptional sanctity, or
exemplary character of an individual person.”
Legality
Legitimacy may rest on the belief that power is wielded in a way that is legal. What is done
legally is regarded as legitimate.
Grace A. Jones has described the following sources of legitimacy in the
context of British system-
1. Continuity with the political and social institutions.
2. Tradition of non-violence.
3. Religious beliefs.
4. Belief in values.
5. Electoral process, liberty and unanimity.
6. Coordinated and integrated society and continuity of its traditions.
7. Adaptive political culture.
According to Friedrich, the sources of legitimacy are-
1. Religious,
2. Philosophical and juristic,
3. Traditional,
4. Procedural and
5. Empirical.
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Kinds
Legitimacy is "a value whereby something or someone is recognized and accepted as right and
proper".In political science, legitimacy usually is understood as the popular acceptance and
recognition by the public of the authority of a governing régime, whereby authority has political
power through consent and mutual understandings, not coercion. The three types of political
legitimacy described by German sociologist Max Weber are traditional, charismatic, and
rational-legal:
1. Traditional legitimacy derives from societal custom and habit that emphasize the history
of the authority of tradition. Traditionalists understand this form of rule as historically
accepted, hence its continuity, because it is the way society has always been. Therefore,
the institutions of traditional government usually are historically continuous, as
in monarchy and tribalism.
2. Charismatic legitimacy derives from the ideas and personal charisma of the leader, a
person whose authoritative persona charms and psychologically dominates the people of
the society to agreement with the government's régime and rule. A charismatic
government usually features weak political and administrative institutions, because they
derive authority from the persona of the leader, and usually disappear without the leader
in power. However, if the charismatic leader has a successor, a government derived from
charismatic legitimacy might continue.
3. Rational-legal legitimacy derives from a system of institutional procedure, wherein
government institutions establish and enforce law and order in the public interest.
Therefore, it is through public trust that the government will abide the law that confers
rational-legal legitimacy.
Q. 4. What do you understand by the term Liberty? What is the relation between
Liberty and Equality?
Ans. Liberty
Meaning
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The word "liberty" is derived from the Latin word "liber". It means free. Thus liberty means
freedom. Even the champions of absolutism, authoritarianism and slavery pay lip service to
freedom claiming that for ordinary man submission to authority is regarded as the best way to
realize freedom.
Definitions
According to Seeley –“Liberty is the opposite of over- government.”
According to Laski –“Liberty is the absence of restraints upon the existence of those social
conditions, which in modern civilization are the necessary guarantees of individual happiness.”
According to Montesquieu-“Liberty means the power of doing what we ought to do.”
According to T.H.Green –“it is a power to do or enjoy something that is worth doing or
enjoying in common with others. Liberty is the eager maintenance of that atmosphere in which
men have the opportunity to be their best selves.”
Kinds of Liberty
The term natural liberty is used to explain a situation in which there was no restriction on the
freedom of man. But this unlimited freedom will lead to chaos and anarchy and lawlessness.
1. Civil Liberty
Civil liberty according to Barker is the liberty of man in the capacity of an individual person - his
personal liberty. This consists in physical freedom from injury or threat to life, health and
movement of the body; intellectual freedom for the expression of thought and belief and practical
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freedom of the play of will and the exercise of choice in the general field of contractual actions
and relations with other persons.
2. Political Liberty
Man enjoys political liberty in the capacity of a citizen. To Blackstone, political liberty meant the
power of curbing the govt. But in modem democracy, political liberty is not a liberty of curbing
the govt. but of constituting and controlling it. This view postulates the positive right of the
people to be represented in decision-making bodies and to influence their decisions by freely
articulating their views and opinions on issues of public policy.
4. Economic Liberty
Economic liberty belongs to man in his capacity as a worker whether with hand or brain engaged
in some gainful occupation or service. Unless social policy is geared to safeguard the interests of
the vulnerable sections in this sphere, the application of the principle of liberty would be devoid
of any content or substance.
5. National Liberty
The term national liberty is used in the context of a freedom of a country from foreign
domination. Democracy is possible only if there is national liberty. All other freedoms become
meaningful only if a country enjoys freedom from outside.
Concept of Liberty
Negative Concept
Negative liberty means absence of all restrictions. Liberty is the freedom to do whatever one
wants to do. But this concept is dangerous. Complete absence of restraints will lead to a situation
in which mightwill be right. The unrestrained freedom is freedom only for the strong.
Positive Concept
Real or positive liberty is a situation in which man is free to do whatever one he likes, provided
he allows others to do the same. Positive liberty in this sense means the absence of unjust,
oppressive and unequal restrictions. It is the presence of equal opportunities. Reasonable and just
restrictions on freedom are possible when law ensures equal freedom for everyone.
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Q.5. Define Equality. Discuss the relation of equality and liberty.
Ans. Equality
Meaning
1. Equality means that all men are equal and should be entitled equal opportunity and treatment.
2. Equality means all things that are equal when measured by society's standards.
3. Everyone or everything is on the same level in ability, rank, quality, quantity or social
standing.
4. Fairness is an essential feature of equality.
5. The objective is for all people to receive fair treatment regardless of their background or social
status.
6. Government services are one measure of how equality works in everyday life.
For example, when applying for a driver's license, everyone is given the same written and
vehicle operation test.
7. Equality plays a role in both the public and private sectors on issues of employment.
8. Workplaces commonly have non-discrimination policies based on the principle of equality. 9.
9.Ideally, employees are treated equally while on the job.
Equality can also be applied to anything that is uniform in nature.
Definitions
According to D.D Raphall,"The Right to Equality proper is a right of equal satisfaction of basic
human needs, including the need to develop and use capacities which are specifically human."
According to Laski described that"Equality means that no man shall be so placed in society that
he can over-reach his neighbour to the extent which constitutes a denial of latter's citizenship."
According to Barker opined that "Equality means equal rights for all the people and the
abolition of all special rights and privileges".
Characteristics of Equality
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1. Equality does not stand for absolute equality. It accepts the presence of some natural
dissimilarity.
2. Equality stands for absence of all unnatural manmade inequalities and specially
privileged classes in the society.
3. Equality assumes the grant and guarantee of equal rights and freedoms to all the people.
4. Equality infers the system of equal and adequate opportunities for all the people in
society.
5. Equality means equal satisfaction of basic needs of all the persons before the special
needs', and luxuries of some persons may be met.
6. Equality supports an equitable and fair distribution of wealth and resources i.e. Minimum
possible gap between the rich and poor.
7. Equality accepts the principle of protective discrimination for helping the weaker sections
of society. In the Indian political system, right to equality has been given to all and yet
there stands incorporated provisions for granting special protection facilities and
reservations to persons belonging to scheduled castes, scheduled tribes, other backward
classes, minorities, women, and children.
Natural Equality
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Natural equality rests on the principle that nature has created every one as equal. On the
contrary, in reality we can seldom find such equality, as the world is prone with more
inequalities than equality. People differ greatly in their intelligence, height, colour, physical
strength and mental makeup. Natural equality is meant as the provision of equal treatment and
equal opportunities to all human beings, irrespective of natural differences.
Civil Equality
It implies equality of all before law. Irrespective of their status and position, all people should be
treated equal and no discrimination should be made on the basis of caste, creed, sex, place of
birth etc. Equal rights should be available to all the people and nobody should be denied
enjoyment of any right.
Political Equality
Political equality is best guaranteed in a democracy. All citizens should have the right to
participate in all affairs of the state without any discrimination on grounds of sex, race, religion,
creed etc. Everything should be open to all people. It means the enjoyment of political rights
such as right to vote, right to contest in the election, right to hold public Offices etc. It enables
people’s political participation and the principle of universal adult franchise is a manifestation of
political equality.
Social Equality
Social equality implies that no one should be regarded as high or low on the basis of his caste,
colour, race or religion and no one person should be given special privileges on any of these
consideration. It stands for equality of status and absence of social barriers. It implies the
abolition of social distinctions and strives for the establishment of class less society. In reality,
there is no social equality as the Indian society is divided into different castes.
Economic Equality
It means that there should be equal opportunity to all citizens in matters of availability of
consumer goods, wealth and property. Similarly everyone should have the same facility for jobs,
work and in industry. There should be equal wages for equal work. International Equality - It
means the principle of equality shall be extended to all people in all the countries. The same is
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true of nations and states. There cannot be different treatment between states and between
peoples.
Definitions of Law
According to MacIver -“Without law, there is no order, and without order men are lost, not
knowing where they go, not knowing what they do”.
According to Sidgwick “Law is the system of rights and obligations which the state
enforces.”
According to T.H. Green “Law is any general rule which desires to do or abstain from doing a
class of acts, and for the disobedience of which some penalty may reasonably be expected by the
person disobeying.”
Source of Law
Sources of law- indicate those factors that might have attributed for the origin and evolution of
law. In the words of Mac Iver, “the state is both the child and the parent of law.” Of the three
organs of the government, namely, the legislature, executive and the judiciary, legislature is the
organ empowered to make laws, while the executive 43 and judiciary branches implement and
interpret the laws respectively in the context of a fully developed state. Apart from legislature,
there are other sources of law as well. They are,
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SOURCES OF LAW
Legislature
Judicial Decisions Equity
Custom or Usages Scientific Commentaries Religion
Custom or Usages
By custom, it is meant that a practice followed repeatedly by people generation after generation.
It is formed in much the same way as a path formed across a field. They were the laws know in
early states. As long as social relationships were simple, and common interests few, all knew and
followed the accepted customs, which were handed down through oral tradition by the elder
members of the group. To the sanction resulting from immemorial custom was often added
religious authority, since law and religion were not distinguished, and all rules were supposed to
have a supernatural sanction. Many of the customs grew out of religious practices, and
superstitious fear of angering the Gods or of arousing evil spirits gave powerful support to all
early rules.
Judicial Decisions
These are also called adjudication. Under changing conditions, such as resulted from new
environment, new methods of life, or contact with other people, several difficulties arose.
Numerous controversies led to doubt as to the relative validity of conflicting customs and many
cases arose concerning for which neither custom furnished nor rule. The evils of uncertain public
opinion and the injustice of the strong, when customary rules were absent, led to an additional
source of law, namely adjudication, or judicial decision. The decisions of the Roman Praetor and
of the English Chancellor were examples of laws thus created.
Scientific Commentaries
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The writings of great jurists have sometimes contained legal principles, which have been
incorporated into law. Lawyers and judges attach importance to their carefully considered
opinions. Unlike judges whose decisions apply to particular cases, the commentators deal with
abstract principles; and what the law makers and courts deal within legal science in a piecemeal
fashion, legal science views as a complete system capable of scientific treatment. The influence
exercised by the jurists in Rome, and by Coke, Blackstone in England and Kent in America are
modern times examples.
Legislature
This is the direct source of law at present, and the most important one. Legislatures are regarded
as “law making factories.” New laws are framed, the old ones amended and the existing laws
abolished. In spite of the decrease in the influences of other sources of law, the legislator bears in
mind the customs, religious practices, judicial decisions etc.
Equity
Equity means fairness or justice. It is also one kind of judge made law. It is a non –
conventional method of adopting old laws to new conditions. It supplements the existing law and
makes an addition to it. Sometimes the courts maybe confronted with the disputes about which
the law is silent. Under those circumstances, the courts decide the dispute taking recourse to
equity. Obviously, as a source of law, equity arises from the fact that as time passes and new
conditions of life develop, positive law becomes unsuitable either the old should be changed or
adapted by some informal method. Thus equity enters to fill the void. In the absence of a positive
law, judges decide the cases on general principles of fairness, reasonableness, common sense and
natural justice. The principles of equity thus supplement the premises of law, where they are
subject to specific terms by the state.
Religion
Allied to the source of custom is that of religion. It finds sanctions in the religious scriptures of
the people. Since times immemorial, people have reposed their faith in the power of some
supernatural agencies and tried to lay down rules for the regulation of their behavior. The words
of priests and the contents in holy books also provided some sources to law making.
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Kinds
1. Natural law
Natural Law is often thought to be as divine law. It is not written anywhere; it is found in the
minds of men. It is abstract and not created by any human agency or authority. Natural law has
its sanction in respect for or fears of some super power.
2. Positive Law
Positive law is called as political law. It is created by human agency. It is written in nature. It is
concrete and can be understood as it is sovereign power of the state. It is determinate and its
violation leads to punishment.
3. National Law
A law formulated by the sovereign authority and applicable to the people living within its
territorial jurisdiction is called national law. It determines the private and public relations of the
people living in a state.
4. International Law
International law regulates the conduct and relations of various statuses in the world. It differs
from national law both in the method of creation and enforcement. The term
“International Law” was coined by Jeremy Bentham in 1780, to designate what had been called
as the “law of nations.”
5. Constitutional Law
It is the basic law according to which the activities of the government in a state are conducted. It
defines and explains the structure of government and the relationships between the various
organs of the government.
6. Ordinary Law
The law according to which the people in a State are governed is called ordinary law. It includes
all the municipal laws excluding the constitutional law. It is enacted by the legislature. It is
subordinate to the constitutional law.
7. Public Law
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Public law deals with relations between the individuals and the state. It covers all forms of
crime. In cases involving public law, the state is a party to the case. Private Law It deals with
the relations between one individual and another. It covers matters such as libel, slander,
property, marriage, inheritance etc.
8. Rule of Law
Englishmen are ruled by the law, and by the law alone; a man with us may be punished for a
breach of law, but can be punished for nothing else. – Dicey. The concept of rule of law is one of
the distinguished features of the English constitution, later an accepted creed in almostall
democratic countries. It emerged out of the struggles of centuries of Englishmen for political
freedom and individual liberty. It is antithetical to “Administrative law,” which is prevalent in
the continental countries like France. Rule of law has been studied in detail in the book
“introduction to the Law of the Constitution” by A.V.Dicey.
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Distinguish between ‘Power’ and ‘Influence’
Power Influence
1. Power is the authority to get things done 1. Influence is the ability to create an
by others. impact on the beliefs and actions of
2. Power might not generate respect others without forcing them.
because people are forced to obey 2. Influence generates respect as people
the commands of someone who is act out of their own beliefs and
stronger and has authority over change of heart when they like
them. someone or follow him or her.
3. Power does not contain any emotional 3. Influence is just like a magic and
feelings and without the presence of an
those being influenced keep working
authoritative figure, work may not
continue or its quality may not remain the even when the influential figure is
same. not present.
4. Power is positional as it usually comes 4. Influence is personal and it is due to
with a high post and rank. who the person is, not what rank he
or she holds.
5. Power pushes people to do things. 5. Influence persuades people by
changing their beliefs and
perceptions.
6. Power is imposed by authoritative 6. Influence does not require position or
figures like bosses or teachers. authority and it is wholeheartedly
accepted.
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UNIT- IV
Ans. Democracy
The word ‘democracy» is a term that comes from Greek and it is made up with two other words
demos= People and kratein= to govern, to rule.“Democracy” can then be literally translated by
the following terms: Government of the People or Government of the Majority. Democracy, as a
State form, is to be distinguished from monarchy, aristocracy and dictatorship. You may have
already heard about the most common definition of democracy: ‘the government of the people,
by the people and for the people’ (Abraham Lincoln)? To put it another way we can say that a
government comes from the people; it is exercised by the people, and for the purpose of the
people’s own interests. This description is only a very broad one, to start with, but the pages that
follow will explain to you in a more concise way the different facets of democracy.
Definitions
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According to Herodotus –Democracy is that form of government in which the supreme power of
the State is the hands of community as a whole.
According to Seeley – Democracy means a government in which everyone has a share.
According to Abraham Lincoln- Democracy is a government of the people, for the people and
by the people.
According to C.F. Strong- Democracy implies that government shall rest on active consent of
the governed.
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7. The removal of all disparities based on the caste, colour, religion, region, language, sex, etc. is
assured in a democracy.
8. The most important element in the presentation of democracy is the spirit of the people. The
people must want democracy.
9. For the success of democracy the habit of tolerance and compromise must be widespread.
10. Participation in democracy should be through adult franchise through which the government
is constituted and representatives are elected.
1. Direct Democracy
In a direct democracy, all citizens, without the intermediary of elected or appointed officials, can
participate in making public decisions. Such a system is clearly only practical with relatively
small numbers of people in a community organization to tribal council, for example, or the local
unit of a labor union, where members can meet in a single room to discuss issues and arrive at
decisions by consensus or majority vote. Ancient Athens, the world’s first democracy, managed
to practice direct democracy with an assembly of as many as 5,000 to 6,000 persons. In
Switzerland direct democracy is followed even at the national level.
2. Indirect Democracy
Everyone has the right to take part in the government of his country, directly or through freely
chosen representatives. The will of the people shall be the basis of the authority of government;
this shall be expressed in periodic and genuine elections that shall be held by universal and equal
suffrage and shall be held by secret vote or the equivalent free voting procedures. India is the
best example of a representative democracy. Voting is one of the mechanisms that guides a
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democratic state and keeps its leaders on track, and it serves to let the leadership know how they
have performed. During elections, citizens vote for the candidate for their choice. Elected leaders
represent “the people” and govern for a set period of office. Representatives are chosen through
elections based on the constituency or proportional representation systems, or on a combination
of the two.
1. Constitutional Democracy
Democracies are based on a written constitution or a supreme law that serves to guide legislators
and the laws they make. Written constitutions serve as a guarantee to citizens that the
government is required to act in a certain way and uphold certain rights. The strength of a real
democracy depends on certain fundamental rights and freedoms.
These rights and freedoms must be protected to make sure that a democracy will succeed. In
many countries these rights are found in and protected by a constitution. The constitution also
sets out the structures and other laws. It is normally protected from amendment by the whim of a
particular government by having a special majority required before any clause can be changed or
through submitting any changes to voters through a referendum.
1. Perquisites of Democracy
With an upsurge in the number of democracies holding free and fair elections and declaring
them democratic states, some theorists have developed a set of minimum requirements. Election
son their own do not make a country democratic. The following list of minimum requirements
has been extracted by a study of democracies and by reading various theories of democracy. It
provides both a good overview of what democracy means and a standard against which to test
whether or not a country is democratic.
1. Control over government decisions about policy constitutionally vested in elected
representatives.
2. Elected representatives chosen in frequent and fair elections.
3. Elected representatives exercise their constitutional powers.
4. All adults have the right to vote in elections.
5. All adults have the right to run for public office.
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6. Citizens have the right to express themselves on political matters, defined broadly, without the
risk of state punishment.
7. Citizens have the right to seek out alternative sources of information, such as the news media,
and such sources are protected by law.
8. Citizens have the right to form independent associations and organizations, including
independent political parties and interest groups.
Merits of Democracy
1. The participation of the individual members in the government facilitates to enlist their
sympathy and co – operation to the success of the government.
2. It is an effective form to educate the public about political, economic and social affairs.
3. It is helpful to promote patriotism among the people and prevents occurrence of violent
revolutions.
4. It helps to make progress and development and enables changes to take place in a peaceful
manner.
5. It ensures to the people freedom of speech, conscience, assembly and action.
6. It guarantees liberty and equality, which are necessary for human development.
Demerits of Democracy
1. It sometimes leads to establish the majority view over the minority view.
2. Party leaders and political office holders in government control the citizens and the members
of the party.
3. It does not encourage individuals to give their opinions.
4. It is a very expensive form of government because elections have to be conducted periodically
to various offices.
5. It is difficult to prevent corruption and malpractices.
6. It is also known as government by amateurs and lead to domination of masses.
Theories of Democracy
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The Elitist Theory
This theory was originally developed in sociology. This theory holds that every society consists
of two categories of men-
1. The elite or the minority within a social collectivity which exercises a preponderant influence
within that collectivity.
2. The masses or the majority which are subjected to the influence of the elite. Vilferado Pareto
(The Mind and Society) and Gaeta no Mosca (The Ruling Class) pointed out that there may exist
in every society a minority of population which takes the major decisions in society. The
dominant minority mayor may not hold political offices but its decisions are of much major
scope and affect all aspects of the society. Mosca considered the capacity of organizations as the
outstanding quality of the elites and Pareto regarded intelligence and talent as their main asset.
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interdependent at work. As a result, there is less scope for disputes and conflicts between the two
organs.
2. Responsible Government
The ministers are responsible to the Parliament for all their acts of omission and commission.
The Parliament exercises control over the ministers through various devices like question hour,
discussions, adjournment motion, no confidence motion etc.
3. Prevents Despotism
Under this system, the executive authority is vested in a group of individuals (council of
ministers) and not in a single person. This dispersal of authority checks the dictatorial tendencies
of the executive. Moreover, the executive is responsible to the Parliament and can be removed by
a no-confidence motion.
4. Ready Alternative Government
In case the ruling party loses its majority, the Head of the State can invite the opposition party to
form the government. This means an alternative government can be formed without fresh
elections. Hence, Dr. Jennings says, ‘the leader of the opposition is the alternative prime
minister’.
5. Wide Representation
In a parliamentary system, the executive consists of a group of individuals (ministers). Hence, it
is possible to provide representation to all sections and regions in the government. The prime
minister while selecting his ministers can take this factor into consideration.
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Desai, Charan Singh, V P Singh, Chandra Sekhar, Deva Gowda and I K Gujral are some such
examples.
2. No Continuity of Policies
This is due to the uncertainty of the tenure of the government. A change in the ruling party is
usually followed by changes in the policies of the government.
Dictatorship of the Cabinet- When the ruling party enjoys absolute majority in the Parliament,
the cabinet becomes autocratic and exercises nearly unlimited powers.
3. against Separation of Powers
In the parliamentary system, the legislature and the executive are together and inseparable. The
cabinet acts as the leader of legislature as well as the executive. As Bagehot points out, ‘the
cabinet is a hyphen that joins the buckle that binds the executive and legislative departments
together’. Hence, the whole system of government goes against the letter and spirit of the theory
of separation of powers.
4. Government by Amateurs
The parliamentary system is not conductive to administrative efficiency as the ministers are not
experts in their fields. The Prime Minister has a limited choice in the selection of ministers. His
choice is restricted to the members of Parliament alone and does not extend to external talent.
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their political policies. In such a system the chief of the state is not merely the titular executive
but he is real executive and actually exercises the powers which the constitution and laws confer
upon him.”
Merits
1. More Democratic
Because of the twin principles of separation of powers and check and balance, there is no
concentration of powers in the same man or in the same body. As a result, there is more of
democracy in this system.
2. Stability and Continuity
As both the President and the legislature enjoy fixed terms of office, there is political stability.
There is continuity of policy. Further, the government can think of long-term policies.
3. People's President
In the USA, the President is directly elected by people. He has thus reason to think that he enjoys
more of people's confidence and support than the Prime Minister in the Parliamentary system.
4. More Efficient
The President is free to choose his ministers. (Or secretaries as they are called in America.)The
Senate, the Upper House of American Congress, may or may not ratify such appointments, but it
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cannot impose its choice on the President. The President has thus the freedom to appoint very
competent persons as his Ministers or Secretaries on the basis of their experience and expertise.
They are accountable only to the President and not to the Congress. As a result, they have time to
concentrate on their work and to do their duty efficiently.
5. Prompt and Bold Decisions
The President, being all powerful, is in a position to take bold and prompt decisions. His
ministers, being subordinate to him, cannot tie hands. They may advise him, but they have to
implement his decisions.
6. Best suited to Deal with Emergencies
This system is more effective in tackling emergencies as there is unity of control and
concentration of executive powers in person (President). He can react quickly to any national
crisis by taking prompt decisions. There is hardly any need for him to convince others on the
spot that the decision he going to take is good for the nation.
7. More Suitable for Multi-Party System
The multiparty system is prone to political instability. Political parties with different interests
pull the political system in diff directions. In order to check this, there is the need of a strong
executive and the President government is best suited to establish stability in a multiparty
system.
8. Symbol of National Unity and Integrity
The Presidential executive is of help in forging unity in the nation consisting of diverse regions,
communities and cult as he is directly elected by people, they look upon him as the symbol of
their unity.
Demerits
1. Dictatorial
The Presidential executive is likely to be authoritarian. As all executive powers are concentrated
in the hands of the President and as he is not accountable to legislature, he may be tempted to
abuse powers and behave in a dictatorial manner.
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2. Conflict and Deadlock
As the President and his ministers are not members of legislature, they find it difficult to
persuade the members of the latter to accept' proposals. The legislature is inclined to find fault
with the President, and vice versa. •conflict between the executive and the legislature leads to
deadlock in the administration.
4. Absence of Accountability
The executive is not accountable to the legislature. Nor is it accountable to people. The people of
America directly elect their President, they cannot recall him even if they find him incompetent
or dishonest or useless. President can be removed from office by the legislature through
impeachment. Impeachment is a very difficult process.
4. Rigidity
The Presidential system is too rigid to adapt itself to sudden changes in circumstances. To
manage a crisis, the ministers including the Prime Minister in Parliamentary system can be
replaced but however great the need, the President in a Presidential system cannot be replaced
during his tenure.
5. Weak Foreign Policy
In the field of foreign policy, the President of the US has handicaps. He has no power to declare
a war even when his country is attacked by enemy. This power belongs to the US Congress.
Similarly, the treaty that he may conclude with another country is not valid if it is not ratified by
the Senate.
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with state autonomy. The term "Federation" has been derived from the Latin word "Foedus"
which means agreement or treaty. It means a treaty between the small states which form a new
state. The federal system operates in India, USA, and Canada etc.
Definitions
According to Dicey -"A federal state is nothing but a political contrivance intended to reconcile
national unity with maintenance of state rights."
According to Montesquieu - "Federal govt. is a convention by which several similar states agree
to become members of a larger one."
Factors helping the formation of a Federation
1. Geographical contiguity
2. Desire for the formation of a union for certain other purposes.
3. Absence of marked inequality among the federating units.
4. Similarity of political and economic institutions.
5. Adequate economic resources.
6. Political education.
7. National feelings
1. Written Constitution
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The most important feature of a federation is that it should have a written constitution, so that
both the Union Government as well as the State can refer to that whenever conflict arises. The
Constitution of India is a written and most elaborate Constitution of the world.
2. Supremacy of Constitution
The constitution is the supreme because both the union and the states are given powers by the
Constitution as to be independent in their spheres of governance both make laws conforming to
the provisions of constitution otherwise they can be declared invalid by the supreme court
through its power of judicial review.
3. Rigid Constitution
The procedure of amending the Constitution in a federal system is normally rigid.
Indian Constitution provides that provisions regarding the federal attributes can be amended by a
special majority,i.e. such an amendment has to be passed by majority of total members of each
house of the Parliament as well as, by two-thirds majority of the members present and voting
there. Also, in addition to this process, such amendments must be approved by at least 50% of
the states. After this procedure the amendment is signed by the President.
4. Division of Powers
In our Constitution, there is a clear division of powers so that none violates its limits and tries to
encroach upon the functions of the other and functions within own sphere of responsibilities.
There are three lists enumerated in the Seventh Schedule of constitution, – the Union list, the
State list and the Concurrent List. The Union List consists of 100 subjects of national importance
such as Defiance, Railways, Post and Telegraph, etc. The State List consists of 61 subjects of
local interest such as Public Health, Police etc. The Concurrent List has 52 subjects important to
both the Union and the State. Such as Electricity, Trade Union, Economic and Social Planning,
etc.
5. Supremacy and Independence of the Judiciary
A very important feature of a federation is an independent judiciary to interpret the Constitution
and to maintain its sanctity. The Supreme Court of India has the original jurisdiction to settle
disputes between the Union and the States. It can declare a law as unconstitutional, if it
contravenes any provision of the Constitution.
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6. Bicameral Legislature
A bicameral system is considered essential in a federation because it is in the Upper House alone
that the units can be given equal representation. The Constitution of India also provides for a
bicameral Legislature at the Centre consisting of Lok Sabha and Rajya Sabha.
6. Independent Judiciary
In India, the Constitution has provided for a Supreme Court and every effort has been made to
see that the judiciary in India is independent and supreme. The Supreme Court of India can
declare a law as unconstitutional or ultra Verse, if it contravenes any provisions of the
Constitution. In order to ensure the impartiality of the judiciary, our judges are not removable by
the Executive and their salaries cannot be curtailed by Parliament.
Q. 1. What are the main points of difference between the Presidential Form of
Government and the Parliamentary Form of Government?
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Ans. Difference between the Presidential Form of Government and the
Parliamentary Form of Government
Parliamentary Form of Government Presidential Form of Government
1. Under the Parliamentary system, 1. Under the Presidential system there is only
there exists two heads of one executive head, i.e., the President.
executive-nominal i.e., President in
India; king in the U.K. and real Prime
Minister. 2. It works on the principle of separation of
2. It works on the principle of fusion of powers. The three organs of the government
legislative and executive powers. stand independent of each other. The
The Prime Minister and other President and his cabinet secretaries cannot
be members of the legislature nor are they
ministers are members of the
responsible to it.
legislature and are individually as
well as collective responsible to it. 3. In this system the Chief executive is
3. In this system Cabinet is dependent independent of the legislature. He cannot be
on the legislature and the latter can ousted by a vote of no-confidence b
throw it out by a vote of legislature.
no-confidence.
4. The tenure of office of the executive 4. The tenure of office is almost all fixed.
is not guaranteed.
5. The ministers enjoy equal status 5. The secretaries are subordinate to the
with the Prime Minister. president for their powers and function.
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6. The executive is responsible for its acts to 6. The executive is not responsible to the
the Legislature. Legislature for its acts.
7. The Ministers belong to a single political 7. The Ministers or Secretaries need not belong
party. to one party or may belong to any party.
8. Minister from a part of the Legislature. 8. Secretaries or ministers do not from a part of
They enjoy dual membership in both the Legislature.
Legislature and executive.
9. Cabinet is powerless. It is called “Kitchen
9. Cabinet is a real and powerful body. Cabinet.”
10. The President or head of the state can 10. The President or head of the state has no
dissolve the Legislature on the advice of the such powers of dissolution of Legislature.
Prime Minister.
11. Political Parties exercise less and in
11. Political parties play a significant role in significant role under the Presidential system.
the parliamentary system.
12. Decisions can be taken quickly.
12. Quick decisions are not possible in this
system.
13. The Legislature lacks the guidance of the
13. The Legislature has the guidance of the
executive. executive.
14. It is suitable for large states having 14. It is suitable generally to small and
heterogeneous population. moderate Population State.
15. It is not suitable during emergencies. 15. It is suitable during emergencies also.
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According to Ford – “Dictatorship is the assumption of extra- legal authority by the head of the
state.”
Dictatorship may be defined as a form of government in which the supreme power is exercised
by one man in an autocratic manner. All the power is concentrated in his hands. He exercises
them I an arbitrary manner by decree rather than by law. Such a government can even be
controlled by political party. It is based on the use of force, with unlimited power at the
command of the dictator.
Merits
Establishment of a strong Government
In Dictatorship the weakness of the government is ended and a powerful government is
established at the Centre. The tendencies of decentralization are ended and complete unity is
established. The conflicts of caste, colour, creed, religion and provincialism are ended and a
strong nation emerges, which is honored in foreign countries also.
Stable and efficient Government
The Dictator has not to fight periodical elections. He remains in power for a long time with the
help of his party and military, with the result that the government becomes stable. The Dictator
exercises unlimited powers of the government and he appoints able persons to-high posts and
abolishes red-tapism and nepotism from the administration.
Economic Prosperity
Dictators try to improve the economic condition of the country. For doing so they lay stress on
increasing the production and stopping the strikes in the industries. In Communist countries, the
workers are not allowed to go on strike.
Social Reforms
Dictators bring about social reforms in order to make the country strong and they eradicate social
evils through laws and propaganda. Mustafa Kamal Pasha brought about basic changes in the
social structure of Turkey. Before his coming to power, Turkey was called the sick-man of
Europe. But he made her healthy and strong with tireless efforts.
5. Facing the crisis boldly
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The Dictators face the economic and political crisis firmly because all powers are concentrated in
them. They seek advice from some able persons, take decisions without any delay and keep their
decisions secret. Any leakage of secrets can prove dangerous.
Demerits
Curtailment of the rights and liberties of the people
The main defect of Dictatorship is that liberty and rights are curtailed in it. Dictators cannot
tolerate any opposition and impose restrictions on the press, political parties and adverse
propaganda.
Establishment of Absolute Government
In Dictatorship, an absolute government is established. People are deprived of taking part in the
administration, with the result that they do not take any interest in the government. In such type
of administration the question of training in local self-government does not arise.
Dictators lead the country to war
Dictators believe in victory, war and violence, with the result that the country is engulfed in war.
This brings ruin to the country. The policies of German dictator Hitler and Mussolini of Italy
were responsible for the World War II, in which they were defeated and many other countries
were destroyed.
Dictators do not leave behind capable successors
In a dictatorship, none but the dictator is allowed to show his ability, with the result that after the
death of the dictator the problem of finding out a capable successor becomes acute. In case of
non-availability of a capable successor, the country suffers a great loss.
No importance of individual
No importance is attached to an individual in Dictatorship. Individual is a means and the state is
an end in a Dictatorship; which retards the development of individual. Individual does not enjoy
many rights and adequate liberty for the development of his personality and he is always forced
to act according to the directives of the state.
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Very Short Questions Answers
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UNIT- Vth
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(1) There are three distinct functions of the govt. - the legislature, executive and judicial.
(2) These distinct functions ought to be exercised respectively by 3 separately manned
departments of govt. which
(3) Should be constitutionally equal and mutually independent and
(4) The legislature may not delegate its powers.
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The congress is also under the check of the president and Supreme Court. All bills passed by the
congress are subject to the presidential veto. The Supreme Court may declare a law in part or
full as null and void in case it is found to be against the constitution. Finally, the Supreme Court
is under the checks of the president and the congress. The judges are appointed by the president
and senate confirms their nomination. The Chief Justice takes the oath of his office in the
presence of the president. The congress may pass a bill to increase the strength of or confer more
Jurisdictions on the court. In case of proved misbehavior, incapacity or violation of the
constitution, a judge may be removed by the process of impeachment. The welfare state assumes
concentration of power on the executive level and consequently supremacy of the executive over
the legislative branch. Of course it becomes alarming unless controlling and balancing devices
are properly developed to keep pace with the ever changing face of the executive power.
Merits
The merits of the theory of separation of powers are stated below.
1. Protection of Liberty and Rights
The theory of separation of powers protection to the liberty and rights of the individual and
protects him from different of despotism and oppression.
2. Increase in Government’s Efficiency
As powers are distributed among the government departments, these departments gain deep
knowledge of the matters they with, and become more efficient.
3. Limited Government
As powers are distributed among different depart these departments enjoy only limited powers.
This prevents rise of dictatorship.
4. Prevents Abuse of Power
Separation of powers accompanied by check and balance is an effective check against abuse of
power and arrogance of power.
Demerits
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This theory, though adopted by most countries, has not escaped criticism. It has criticized not
only as impossible but also as undesirable. According to Sabine, “Montes was guilty of
oversimplification. He united his theory to a hasty and superficial analysis the constitutional
principles of liberty.”
1. Wrong Reading of British System
By the time Montesquieu developed his theory of separation of powers, there had come into
being the Cabinet system of govern” There was not in Britain then separation of powers. On the
contrary, there was ‘concentration of responsibility.’ Having witnessed the British people
enjoying liberty, Montesquieu wrongly concluded that in Britain there was separation of powers.
He misread British politics.
2. Not Fully Possible
This theory is not fully possible. The executive has some role in rule-making, and the legislature
also performs some judicial functions. For example, impeachment which is judicial in nature is
done by the legislature.
3. Administrative Complications
Separation of powers results in administrative complications. It becomes difficult to forge
cooperation, coordination and harmony among the organs of government. The smooth working
of modem governments demands not so much separation of powers as ‘co-ordination’ of
powers.
4. Confusion and Deadlock
Separation of powers leads to jealousy, suspicion and friction among the organs of government.
While producing disharmony and confusion, it may paralyse the administration. As a result, the
administration often fails to take quick decisions even at a time of crisis.
According to Finer, the theory of separation of powers throws “governments into alternating
conditions of coma and convulsion.” Another scholar is of the view that “separation of powers
means confusion of powers.”
5. Inequality of Powers
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This theory is based on the principle of equality of powers, but this principle is flawed. In the
parliamentary system, the legislature which represents the people is most powerful while the
executive is most powerful in the presidential system.
6. Not the Sole Factor of Liberty
Separation of powers may contribute to liberty, but it is not the only factor of liberty. Liberty
also depends a lot on the psyche of people, their outlook, their political awareness, customs and
traditions, fundamental rights, rule of law, independence of judiciary and economic equality.
7. Balance Disturbed
The government, performing various important functions, has become increasingly powerful.
Besides being the problem-solver and crisis-manager, it is also required to provide welfare to
people. All this has made the executive very powerful, and disturbed the balance among the
three organs of government. Planning, security and welfare demand not so much separation of
powers as their ‘fusion’.
8. A Misnomer
This theory is a misnomer, because what it means is separation of function, not separation of
power.
Criticism
i) Complete separation of powers is neither possible nor desirable.
ii) Separation of powers is likely to lead to inefficiency in administration.
iii) The theory is based on the supposition that all the three organs of the government are
equality important, but in reality it is not so.
iv) Liberty of the people largely depends more on factors like their psyche, political culture,
consciousness, and institutions than separation of powers However, separation of power is useful
if used judiciously to bring about a balance between the vigorous action of the welfare state and
the enjoyment of the liberty of the people.
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Q.2. What do you understand by the term Legislature? Explain the types and
functions of the Executive?
Ans. Legislature
In a parliamentary form of govt. the executive is subordinate to the legislature. The will of the
legislature is supreme in almost every sphere of state activity. Such a system prevails in England
and France. A balancing of authority between executive and the legislature may also exist. The
most important functions of the legislature relates to-
Functions of the Legislature
The Legislature discharges various functions in the political system:-
1. Making of the Laws
The primary function of the legislature is legislation. According to the doctrine of the separation
of powers the chief function of the legislative body is to enact laws. The legislature not only
enacts new law, it also abolishes old and vexatious laws.
2. Control of Finance
The financial functions of the legislature are very important. The legislature controls the finance
of the country. It discusses and determines the government’s revenues and expenditures; it lays
down the principles of taxation; it authorizes the imposition of taxes and the modes of raising
them. In other words, it passes budget and financial bills.
3. Public Appointments in High Places
Sometimes the legislature performs certain executive functions as well. For example, in the
U.S.A, the President appoints highly placed government officials it the approval of the Senate,
the Upper House of the legislature. In certain states judges of the higher courts are appointed by
the legislature.
4. Control over the Ministry
In the cabinet form of government the ministers are individually and collectively responsible
and accountable to the legislature. The legislature controls the council of ministers by
discussion, debates and deliberations, and, if necessary, can even force the cabinet to resign by
passing a motion of no-confidence against it.
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5. Election of the Head of State
In some countries the Head of State is elected by the legislature. In India, for example, the
President is elected by the elected members of both the Houses of Parliament and the elected
members of all state legislatures. The vice-President of India is also elected by the members of
both the Houses of Parliament. The Indian Parliament also reserves the right of removing the
President and the vice-President from their offices.
6. Judicial Functions
The legislature performs certain judicial functions also. The British House of Lords acts as the
highest court of appeal with regard to certain cases and the American Senate has the right, like
that of the Indian Parliament, to impeach the highest executive, the President.
7. Amendment of the Constitution
The legislature of certain countries enjoys the exclusive right of amending the constitution.
Parliament of the Indian Union can amend the Indian constitution. Parliament of Switzerland is
the supreme and final interpreter of the federal constitution.
8. Committee and Commission
Legislature forms different committees and commissions on different burning political, social
and economic issues from time to time. The legislature also considers different reports submitted
by various commissions and committees formed under the constitution.
Q. 3. What do you understand by the term Executive? Explain the types and
functions of the Executive?
Ans. Executive
In common parlance, govt. is equated with its executive branch. That organ of the govt. which
executes laws passed by the legislature is known as executive. The term executive is used in two
senses. In the broader sense of the term it stands for the entire staff of the officials which are
concerned with the administration of the public affairs. In the narrower sense it signifies only the
real executive. The executive is prior to other organs of the govt. The govt. in its earlier stage
was purely an executive branch. With the advent of the constitution or democratic politics, the
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judiciary and the legislature arose to provide executive with necessary limits. These institutions
denuded it of some portion of its authority and what remained still made the executive quite
strong. Executive in the contemporary world of politics occupies a pivotal position.
Policy-making is the sole responsibility of the political executive. The political executive is the
small group of persons who presides over the various departments of the govt. They are the
architects of the policies which guide the operation of the governmental machinery.
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degree of ability. Its demerits are: It lacks promptness of decision and singleness of purpose. It is
weak due to division of responsibility.
1. Hereditary, Elected and Nominated
The executive is hereditary when its power is vested in a person according to hereditary
principle. This type of executive is found in United Kingdom, Norway, Sweden, Denmark,
Belgium, Holland, Japan and Nepal. The executive is called elective when the head of the state
is elected directly or indirectly. The chief executives of South American Republics like Bolivia,
Chile, Mexico, Brazil and Peru are elected directly by the people. The President of the USA and
that of India are elected by electoral colleges. In some cantons of Switzerland the executive is
elected by the legislature. Certain executives are nominated. The Viceroys and Governor
Generals in British India were nominated by the British government.
1. Political and Permanent Executives
The executive offices to which politicians are elected or appointed constitute the political
executive. The chief executive and the ministers from this executive the civil servants of all
types, who are appointed through recruitment, are known as nonpolitical, permanent or 'career'
executive. They continue in office usually till retirement. They remain politically neutral and
possess expert knowledge in administration. They advise and assist the political executive. The
political executive formulates policy, while the bureaucracy administers policies.
5. Parliamentary and Non-Parliamentary
Executive can be classified into parliamentary and non-parliamentary on the basis of the
relation between the real executive and the legislature. In a parliamentary executive, the
members of the executive are the members of the legislature. The executive is responsible to the
legislature for its acts. It remains in office so long as it commands the confidence of the
legislature. The parliamentary executive is also known as the cabinet or responsible executive.
U. K, India, Australia, Canada provide examples of parliamentary executive.
Functions of the Executive
The functions of the executive are not the .same everywhere. The functions of the executive
depend on the form of the government. In dictatorship, the functions of the executive are
different from those in democracy.
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Functions
1. Administrative
In every country the Head of the State and the Council of Ministers are responsible for the
maintenance of law and order and for the running of the administration. The Head of the State,
on the recommendation of the Council of Ministers, makes many important political
appointments. The administrators are generally recruited on the basis of competitive
examinations. They are promoted, demoted and dismissed under the Civil Service Rules.
2. Legislative
Generally law making is the responsibility of the legislature, but in every country the executive
has an important role to play in the making of the laws. The executive prepares bills for this
purpose and introduces them in the legislature. There is a Parliamentary Government in England,
India, Japan, Sweden, Norway, France, Italy and West Germany. The leader of the majority
party becomes the Prime Minister. He has influence on both the organs of the government i.e.,
Legislature and Executive. The ministers are also important members of the Parliament.
Therefore, they too have sufficient influence on the legislature or on the Parliament. In England,
India and other Parliamentary countries, the Parliament spends much of its time on the
discussion of the bills.
3. Financial Functions
Though the legislature controls the national finance, yet the executive prepares the budget and
tries to get it passed by the legislature.
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7. Constitutional Function
In a parliamentary form of Government, the real executive, i.e; the cabinet, performs
constitutional functions as well. The cabinet introduces constitutional amendments and ach
amendment practically means introduction, modification and change in the constitution.
5. Military Functions
In almost all the countries, constitutionally the President or the Head of the State has many
military powers. He is the Supreme Commander of the Armed Forces and has the power to
promote, demote and dismiss high military officers. He himself, or with the consent of the
Parliament, can declare war or peace. In the U.S.A., the President can declare war or peace with
the consent of the Congress. In Britain and India, this right is exercised generally by the Prime
Minister. The Head of the State can declare emergency for the defiance of the country.
6. Judicial Functions
The right of pardon is regarded as a natural necessary part of the executive unction. Although it
is a semi-judicial function, yet it is justified for various reasons.
7. Diplomatic Functions
Another function of modern executive is to perform diplomatic. Each executive is required to
see that our relations with other States are very cordial and that there is proper understanding
and appreciation of our standpoint. For this purpose the executive head appoints representatives
in other countries. Similarly, representatives of other countries are received in our country.
8. Public Utility Functions
Each executive is responsible for seeing that public utility services like railways, posts and
telegraphs, roadways, etc. are properly maintained.
Q.4. Define Public Opinion and discuss the various methods adopted in modem
state to mould Public Opinion.
Or
Q. What do you mean by Public Opinion? What are the agents of the formation
of Public Opinion?
Or
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Q. How Public Opinion is formed? What are the hindrances in the formation of
Public Opinion? Discuss.
Or
Q. Define Public Opinion. What are the necessary conditions for the formation
of healthy public opinion?
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democracy. Public opinion very much limits the power of rulers. Decision taken against public
opinion will be detrimental to party and the government in power.
Conditions Necessary for Public Opinion
1. Peoples capacity to think.
2. Interest of people in national problem.
3. Formation of groups.
4. Initiative by political leaders.
5. Role of writers.
6. Homogeneity and community interest.
The Electorate
A citizen who has the right to vote and who can participate in election to choose representatives
is called a voter or an elector. The entire body of voters in a country is known as electorate. The
term adult franchise is used for the system in which all adult men and women, without any
discrimination, are allowed to vote in the election. If all adult men, without property or
educational qualification were given right to vote, the system was known as 'manhood suffrage'.
Universal Adult Franchise is based on the principle of equality. It is based on the rule of "one
man, one vote". Constitution of India has provided for universal adult franchise. Adult Franchise
is a means of political education. Thus, adult franchise is essential to make popular sovereignty
real. People must elect, control and if necessary, remove their representatives.
Direct and Indirect Election
The process of election may be either direct or indirect. When the entire electorate of a
constituency participates in choosing its representatives, we call it direct elections. In most
countries today at least one house of the national legislature is elected directly by al the voters.
When people do not directly elect their representatives, they may do so through their
intermediaries. It only means that certain bodies are elected by certain other directly elected
members of some other bodies. Rajya Sabha is indirectly elected by the people.
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Representation Territorial and Functional
Representatives of people may be elected either on territorial basis or functional basis. Territorial
representation means that all the voters living in a particular territorial constituency are called
upon to elect a representative. Functional representation means that people of the country should
be professionally categorized and each of the professional categories may be called upon to elect
one or more representative. At present in India we have territorial representation. Those who
criticize territorial representation argue that it is unfair to expect of an elected member to
represent divergent interest of voters in his constituency.
All the people cannot have similar aspirations. On the other hand, different citizens having same
occupation generally have complained interests. Therefore, it is argued that functional
representation can ensure representation of all interests. But it is almost impossible to set up
functional constituencies in large countries like India and USA. It will be even more difficult for
elected representatives to keep in touch with their voters spread out in the vast country.
Proportional representation
The idea behind this system is that as far as possible all the people in a country should get
representation in proportion to their voting strength. There is two main systems of proportional
representation –
1. Single Transferable Vote System
In this system each voter can cast only one vote which can be transferred to other candidate, if
necessary according to voter’s choice. Since a voter has a single vote which is transferable, it is
called "single transferable vote system". Voters write his preference against the names of
candidates of his choice. If that candidate who is that voter’s first preference does not need his
vote it may be transferred to the next candidate of his choice. This system is also called
preferential system because votes are transferred according to the Recommended Readings:
indicated. Multi-member constituency can use this system. Its main defect is that it is
complicated and difficult to operate. The members of Indian Rajya Sabha, and Vidhan Parishes
are elected with the help of this method.
2. List System
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Vote is not cast by the voters in favor of individual candidates. They vote in favor of one party
list or the other. This system encourages multi-party system. In this system every voter is
entitled to as many votes as there are seats to be filled. He casts all his votes in favor of one of
the lists put up by the parties while preparing their list party list out names of the candidates in
order of their importance so that if a party becomes entitled to only one seat its first candidate is
declared elected.
3. Cumulative Votes System
This system enables a well-organized minority to secure at least one or two seats in a multi
member constituency. Every voter is entitled to cast as many votes as there are seats to be filled.
Voters have the freedom to use the votes the way they like to cast all the votes' n favor of one
candidate or divide them among two or more candidate. Counting of votes is simple. The
candidates with highest number of votes gats elected.
4. Limited Vote Plan
This system also operates in a multi-member constituency and each voter can cast lesser number
of votes than the number of seats. In case of a five member constituency, the voter is entitled to
3 votes. It is essential that all the 3 votes must not be cast in favor of one candidate. They will
have to be cast in favor of 3 different candidates. This system did not become popular.
5. Alternate Vote System
This system is a combination of a simple majority system and single transferable vote system.
When first preference votes are counted if one of the candidates gets a clear majority, he is
declared elected. Remaining votes go waste. If none gets a clear majority of votes, the candidate
with least votes is eliminated and his votes transferred according to their second Recommended
Readings this process is continued till one of the candidates gets clear majority. This is the
method by which President of India is elected.
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The security and welfare of the average citizen depend on the prompt, certain and impartial
administration of justice. It is the judiciary which is the shield of innocence and the impartial
guardian of civil rights. Since administration of the justice is the exclusive function of the
freedom of the individual becomes meaningless unless the mechanisms of justice are so
constituted as to ensure impartial administration of justice.
In monarchical state the independence of the judiciary is essential to protect the people from
arbitrary interference and the oppression of the ruler and also to prevent the judges from being
reduced to the position of subservience to the executive. In republic the independence of the
judiciary is also necessary for protecting the constitution and the laws against encroachments in
a partisan spirit and in terms of tyranny of action. When grave political issues excite partisan
feelings, the courage and uprightness of judges become supremely valuable to the nation.
Functions-
1. Prevention of violation of law
In case of violation of law, a suit is filed against the offender. The judge hears both sides and
decides whether there has been a break of the law. In case of violation of law, the judiciary
establishes justice by providing redress and punishing the offender.
2. Making of new law
The judges, by way of interpreting the existing laws, make new laws. The judiciary can follow
precedents established in previous decisions; it can also overrule such precedents, and thereby,
makes new law.
3. Decides on constitutional questions
The highest federal Court, namely the Supreme Court, decides constitutional questions. If there
is any constitutional conflict or dispute between the Union and the States or among different
States, the dispute is brought to the federal Court who decides and acts as the guardian of the
federal constitution. There are hundreds of such constitutional cases decided by the Indian
Judiciary, Gopalan vs. the State of Madras, Golak Nath vs. State of Punjab are few examples.
4. Interprets the constitution and Laws
In addition to adjudication, the responsibility of safeguarding and interpreting the constitution
and law rests on the judiciary. In the United States the power of the interpretation is absolute as
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expressed in the words of Chief Justice Charles Evan Hughes: We are under a constitution but
the constitution is what the judges say it is. But the Indian Court does not enjoy the vast power
in this area.
5. Administrative functions
The judges perform certain executive functions. Appointments of officers and servants,
maintenance of records, administration of staff etc. are performed by the judiciary.
Superintendence over lower courts is another function of the judiciary.
6. Advisory function
The highest court of the country sometimes gives advices to the executive and the legislature on
constitutional points, if sought for. Thus the Judiciary has advisory functions too. If it appears
that a question of law or fact has arisen, it may be referred to the judiciary for its advice.
Protection of fundamental rights
The Judiciary acts as a protector of rights of the citizens guaranteed by the law of the land and
the constitution. The court can declare any law which transgresses a fundamental right as
invalid. In India the judiciary has the power to issue writs in the name of habeas corpus,
prohibition, mandamus, quo warranto and certiorari.
1. Guardian of the constitution
The Judiciary is regarded as the guardian of the constitution. In federal States this function is
discharged by the application of the power of judicial review. The Supreme Court of India
enjoys limited power of judicial review in invalidating laws made by Parliament or State
Legislatures.
Importance of the Judiciary
The importance of the judiciary in a democratic society can hardly be exaggerated. Judiciary is a
part of the democratic process. Judiciary not only administers justice, it protects the rights of the
citizens and it acts as the interpreter and guardian of the constitution. In many states the judiciary
enjoys the power of judicial review by virtue of which the judiciary decides the constitutional
validity of the laws enacted or of the decree issued. It can invalidate such laws and decrees
which are not constitutional.
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Q.2. Explain the Political Participation’s.
Ans. Political participation
Introduction
Political participation is necessary ingredient of every political system. All political systems
encouraged political participation through varying degrees. By involving the people in the
matters of state, political participation fosters stability and order by reinforcing the legitimacy of
political authority.
People living in a particular society participate in the political system, which they develop.
There are many forms of participation and democracy in the form of government that encourages
maximum participation in governmental processes. Participation does not mean more exercise of
political rights like franchise, by the people.
The political system may be any kind, someone must take political decision and do other related
things like appointment, reshuffling and removal of holders from time to time.
Meaning
The term political participation refers to those voluntary activities by which members of a
society share in the selection of their rulers and directly or indirectly in the formation of public
policy. These activities are like casting vote, seeking information, holding discussions, attending
meetings, making financial contributions to political parties, staging strikes and demonstrations,
communicating with the legislators and other leading figures.
the most active part of political participation is to enroll as member of political parties.,
canvassing and registering votes, speech- writing and speech making, working in campaigns and
competing for public and party offices.
It is the involvement of the individual at various levels in the political system.
Political participation is any activity that shapes, affects, or involves the political sphere.
It means their active involvement, which in a real manner influences the decision-making
activity of the government. Democratic theory considers citizens as rational, independent, and
interested political persons capable of expressing their opinion regarding the persons aspiring for
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holding offices and also competent in electing some persons who deal with the policies of
government in a way conducive to the interest of the mass.
Perhaps the most pervasive participation is simply living in a democratic community and where
all government action and policy are publicized in press, radio, and television. In this situation
those in position of authority must conduct themselves in such a fashion as to as appear to the
sensible people.
Political participation derives from the freedom to speak out, assemble and associate; the ability
to take part in the conduct of public affairs; and the opportunity to register as a candidate, to
campaign, to be elected and to hold office at all levels of government. Under international
standards, men and women have an equal right to participate fully in all aspects of the political
process. In practice, however, it is often harder for women to exercise this right. In post-conflict
countries there are frequently extra barriers to women’s participation, and special care is
required to ensure their rights are respected in this regard.
Definitions
According to Almond and Powell –Means the involvement of members of the society in the
decision- making process of the system.
According to H.Mc. Glosky – Political Participation as those voluntary activities by which
members of society share in the selection of rules directly and indirectly, in the formation of
public policy.
According to J.W. Protho – Political Participation as behaviour through which people directly
express their political opinion.
Activities/Methods of Political participation
1. Voting Membership in political parties and groups and active involvement therein
2. Personal contacting (politicians, civil servants, lawyers, associations, media and corporate
actors, friends of officials).
3. Seeking help from political persons who has influence on officials.
4. Organizing a group.
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Very Short Question and Answers
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