Political Obligation

ByMr.Mahesh Jaiwantrao Patil

Assistant Professor (Political Science)

M.A.,M.Phil,NET,SET & Ph.D (Pursuing)

Introduction • The problem of political obligation is one of the

prominent issues of political philosophy.• It is very important concept in contemporary world

which deals with the duty of the individual towards the State. The stability of state is totally depends upon, when, why & how does the individual obey the law given by state authority?

• It is related to moral affair. Individual has to perform various types of duties such as payment of taxes, participating in voting, judicial & military service which are necessary for maintenance of political institution in the country.

•

Obligation : The term “Obligation” originates from a Latin word

‘obligate’ which means the performance of duty (liability/ duties/responsibility).

It is an act which binds a person to some performance.

It is the binding power of duty, promise or contract. An individual has to follow rules of behavior in

society for his own good & for the good of others. The State was established to meet the need of the

individual & society. The proper functioning of the State depends upon a well organized system of duties.

• All these duties are covered under the category of Political Obligation. These duties are regarded as part of the individuals political obligation.

• There are two words in political obligation (Political + Obligation).

Political : The word “political” deals with policy & the

administration of the Government. It includes the entire political system of the country.

In fundamental law, the people first establish the framework of their political system then they establish the limitation & boundaries of power.

Meaning of Political obligation ( आर्थ� राजकीय उतरदाइत्व )• It implies that as man is a political animals. He is

bound to live under some authority & as such ,it becomes his obligation to obey its commend this duty to obey the state is called Political Obligation.

Definition

• T.H.Green: “It is intended to include the obligation of the

subject towards the sovereign, the obligation of the citizen towards the state, & the obligation of the individual to each other as enforced by a political superior”.

Grounds or Basis of political obligation

Respect for might of State:- Some citizens obey laws only because they have

wholesome respect for the might of the same, which they are aware of or forced to realize they cannot challenges successfully.

Rationality and Usefulness of Laws:- People will readily obey laws, if they are found to be rational

and useful. Law is only a means to an end and not an end in itself. People will gladly obey laws. if they prove themselves to be useful instrument of human welfare.

Nature• Every man lives in a state to which he belongs. He or

she has to accept the commend of men in authority.• If there is no acceptance, there can be no order & no

life. • People can not live well without accepting the

commend of the political authority.• Those who disobey the law are punished according

to the law. • The people not only obey the law but also scrutinize

those order.

Fear of Punishment:- Some citizens consider that obedience is an unpleasant

and painful duty. They obey laws because they wish to avoid punishment with its evil effects. Minority who violate the state laws, shall be punished by the state, when the claim of authority is acknowledged due to a fear of dislike of the consequences that could be imposed by the coercive power of the authority.

Matter of Habit and Tradition:- In a family in which much importance is given to

disciplined conduct, it becomes a habit of all members to be good, courteous and helpful so also in a well ordered state, it is a habit among itscitizens to be peace-loving and law-abiding.

Need of State: -Most of the citizens are aware that the state has a purpose.It protects from external aggressionand internal disorder. It regulates the conduct of the people. It also protects the rights of the people. It looks after the needs of the people.lt undertakes several social welfare activities. In their own interest, they should cooperate with it and obey its laws and orders.

Fear of Disorder and Anarchy:- Without the cooperation of citizens, the state cannot

control the society due to its weakness. Then disorder and anarchy shall prevail in the society. The fear that if disorder and anarchy erupt, their lives and property might be in great danger makes citizens law-abiding. Human beings, who desire to have peace and order can never imagine living in a lawless society.

Religion:-All religions preach the moral values, moral laws and moral conduct of the people. Religion increases the moral value of man as spirit. Ethical religion is made up of laws which bind men all over the world. People believed the kjng was the representative of the God.

Religion preaches to obey the higher authority. The justification of state's authority was sought on moral grounds. The religious factor is also responsible for obedience.

Legitimacy of Laws:- A law is obeyed whole by citizens, if its source is

legitimate. This means that the government which makes law should be constitutional and legal. People will revolt against the laws made by a tyrant who has absolute power.The simple & obvious answer to the question why does the citizen have the duty to obey the laws of the state is that the citizen is obliged to obey the laws of the state because it has sovereign authority.

The authoritative state has the right to issue orders as well as the right to recipience and citizen are obliged to obey the order. The reason for obedience may be due to fear of consequence or a general consent.

The states' jurisdiction is of the universality and compulsory character. We can either accept or reject the membership and admission of voluntary associations but not of the state

Limitation of Political Obligation Strong and Stable Government:-The Government should be Strong and Stable and it should be able to

force any challenges to its authority in the internal & external fields. Weak Government could not control the people effectively. A strong government could protect the people, uphold their rights and promote their general happiness and welfare.

Public Opinion:- People should have faith in the government's policies and its ability to

realize the targets fixed by it. The law passed by the Government should represent will of the people. It should be responsive to public opinion and responsible to the legislators. If the laws passed by the state are against the people, they express their displeasure by agitations and some time revolt against government & the political obligation will be damaged.

Unjust Laws:-Sometimes, Governments pass unjust laws with their brute majority in the

legislature under the pressure of some interested groups. Though people have to obey the laws whether they are good or bad. People revolt against bad laws by their nature. Under the unbearablecircumstances created by injustice and bad laws, peopledisobey such laws.

Discriminative Laws:-The state has to treat all

alike and should follow the policy of equality. If thegovernment favors a section of people and makes laws fortheir interest, the people revolt against such Government.Discriminatory policies of the state, acts as limitation againstpolitical obligation.

Minorities:-Minorities should feel a sense of security. In every state, there shall be

certain minorities. Minorities should be provided with facilities to keep their culture alive. The Constitution and the laws uphold the rights of all and do not show any negligence towards the minorities. The minorities in India like Muslims & Hindus in Pakistan vote against the party inpower when they feel that the party in power neglected them.Discrimination against minority becomes a limitation over the political obligation.

Needs of dynamic society:- The Government should pass law, which clearly meet the needs of a

dynamic society. People should feel laws that they need such law & therefore obeying them would be in their own interest. Laws should be rational

Violation of Fundamental Right:-Fundamental rights are the soul of democracy.

People feel that their rights should be protected. Rights and duties are two sides of the same coin. If the government neglects their rights, people revolt against such Government.

Excess taxes:-Taxes should be levied keeping in view the 'principle of

maximum satisfaction'. The taxation should be within the taxable capacity of the people. The government should be very cautious in imposing taxes. It Should follow the canons of taxation.

Privileges & immunities:- Government, in the interest of public, grants some

privileges to s section ofpublic. If such privileges and immunities exceeds beyond some extent, the general public will notice with them unpleasure and it may become hindrance in politicalobligation.

Theories On The Origin Of The State

Theories of Political Obligation

Idealistic theory

Traditional

Theory

Consent

theory

Divine Right

Theory

Theories of Political Obligation

Divine Right Theory: It advocates that the State was created by God

and governed by His deputy. He (God) sent His deputy to rule over them. The ruler was a divinely appointed by God & he was a agent of God and he was responsible for his actions to God alone.

As the ruler was the deputy of God, obedience to him was held to be a religious duty and resistance a sin.

■ Nobody could limit his will and restrict his power.

■ His word was law and his actions were always just and benevolent.

■ To complain against the authority of the ruler and to characterize his actions as unjust was a sin for which there was divine punishment.

• It was believed that the obedience to the king amounted to loyalty to God. Because the ruler is a representative of God on earth. He should be obey totally without any questioning his action or authority.

• All the religion believed that God had instituted Government because people needed it

Criticism: No historical evidence. Illogical & unscientific.

Consent Theory• The divine theory was replaced by the consent

theory.• It says that the authority of the State is based on

consent of the people. sanction of political obligation is in the will of the people

• People has made a contract with a person or body of person, under which that person or body receives authority in return for the protection & service of declaring & enforcing a system of legal rules.

• Thomas Hobbes, John Locke & J.J.Rousseau are chief exponent of this theory

Prescriptive/Traditional/Conservative theory

• Political authority is based on principle of established “ customary right” .

• Jean Bodin says that as the authority of the patriarch is based on the fact of historical prescription, so the authority of the king (Head of the State) finds its source in the fact f long possession.

• The people obey customs. The people obey the rules because the fact of obedience has become like a well established convention.

• All authority is legitimate, if it is sanctioned by custom.

Idealistic Theory

• Man as a political & rational creature & state as a self sufficing community.

• It finds the source of political obligation in the ‘moral nature’ of man & th

Marxian Theory• Working class suppressed.• State works for the interest of exploiting capitalist

class. • The oppressed & exploited masses have no

obligation to the existing bourgeois political order.• They must unite to over throw such type of political

system. They must revolt against oppressive methods adopted by the Capitalist Government.

• They should not obey the laws made by bourgeois institution, in the capitalist society.

• The working class should destroy the capitalist state by revolutionary means & instead create a ‘new state’ in the form of the ‘dictatorship of the proletariat’.

• Such a state must be obeyed as the working class makes law.

• The state is now an institution of the whole people.

• In this state political obligation shall be converted into social obligation.

Utilitarianism theory Bentham and Mill

1700

1900

Kant (1724-1804)

Germany

England Bentham (1748-1832)

Mill (1806-1873)

Jefferson (1743-1826)

AmericaFor comparison Lincoln (1809-1865)

Mozart (1756-1791)

• Bentham propounded the theory of Utilitarianism.

• State shall achieve the greatest happiness to greatest number.

• The people who derived utility from the state, shall be obliged to obey the law.

• Government owes a duty to the people foe exacting loyalty and obedience.

• The state provides utility or happiness by laying down laws.