Unit – I- TOPIC - Definition, Nature and Scope of Political Science and its Relevance to LAW Meaning and Definition of Political Science It is the most controversial topic ·of social life. These days everybody acknowledges the fact that politics is influencing every aspect of human life. Election of the rulers by the voters and the effort to solve the problems of the citizens is the most significant problem of the modem times. The solution to this problem gave birth to politics. It is because of this relationship of politics with common's man life that Aristotle has called man, a political being. Politics is involved in the mutual relations of men, in the relations of citizens and rulers and in the efforts of satisfying the unlimited needs of man with limited means. When Aristotle called politics, the Master Science, he tries to prove that the knowledge of politics is extremely essential to understand the environment around the man. In the views of Aristotle, political aspect of man's existence is the most important aspect and this aspect determines the other aspect of human life. He has said that legally politics tells us as to what we should do and what not. The relationship between politics and individual life being so important, it is extremely essential to study it systematically. Definitions of Political Science

1. Paul Janet “Political Science is that part of social science which treats of the foundations of state and principles of the government."

2. Garnet “Political Science begins and ends with the state.”

3. Getter "Political Science is the study of both the state and the government."

4. Catlin “Politics is the study of power.”

5. Harold Lasswell "Political Science is the study of who gets What, When and how."

Nature of Political Science Different Views about the Nature of Politics All the points of view from the ancient Greek to the present day are given as follows: 1. Ancient Greek View

Systematic study of politics started with the Greek philosophers. Plato and Aristotle provided it with a definite basis. Aristotle named his book itself as "Politics". It is a derivative of1a Greek word "polis" which means "city-state. "No city state has a population of more than a few thousand citizens. The slaves, foreigners and women did not have the rights of citizenship. The philosophers did not make distinction between the state and society.

According to Aristotle, state has an independent identity and it is natural and has not been created by man. The aim of the state is to develop moral qualities in citizens and to do their welfare. Greek philosophers were idealistic and they produced the idea of an ideal state. However, Aristotle gave scientific basis to politics and named it the master science.

2. Traditional View

It means that view which the political thinkers adopted up to the decades in the beginning of the 20th century. The thinkers of this period kept their study limited to the state, the govt. and the political institution concerned with them. Therefore, their views become narrow, formal and institutional. They named politics as Political Science. There are three institutional bases of traditional view: 1. Political Science is concerned with the state - The proponents of this view are Bluntschli and Gamer. 2. Political Science deals with the Government - The champions of this view are Seeley and Leacock. 3. Political Science deals with both, the state and the government- Paul Janet, Gilchrist, Gettel and Demock advocated this particular view point. 3. Modern View

In the 20th century, emphasis was laid on the modem point of view of politics which may be discussed in brief as under: 1. Allocation of scarce resources is politics - David Easton says that politics is the process by which scarce resources (human, material, spiritual)are allocated within a social unit for the purpose of providing for human needs and desires. Harold Lasswell also advocated this view.

2. The study of politics is wider than the study of state and government - Politics is concerned with everything which is related with the political life of the individual and which may not be directly related with the state or government. Lipson is the champion of the above mentioned view. 3. Politics is the art and practice of government of the human societies. - According to Bismarck "Politics is the art of the possible". 4. Politics is the study of power – Lass well, Oppenheimer; Max Weber advocated this view point.

5. Politics is an effort to bring about the rule of order and justice - There are two aspects of politics in this context. Firstly, Politics protects the privileges of the minorities and secondly, politics teaches about the organized unity of the individuals as society.

2. Behavioral View

In Politics, Behavioralism started in 20th century. It is based on the dissatisfaction with the methods of traditional political science. The thinkers like David Truman, Robert Dahl, David Easton, Kirkpatrick, Graham Wall as study the attitudes, motivations, perceptions of man through his political behavior with the help of which political processes may be studied in a scientific way. 1. It is a study of the individual behavior

2. It is inter-disciplinary.

3. It lays emphasis on scientific methods.

4. It is capable of predicting.

5. Politics should concern primarily with observable behavior.

6. Lays emphasis on Quantification of data.

Scope of Political Science Political Science tries to answer the questions like what is the present nature of the state, what it was in the past and what is the ideal form in the future.4 This makes the scope of the subject. The scope can be divided into two parts: A. Study of the Modern Form of the State We study the modem form of this most powerful organization that is the state in its various aspects. We generally include the following things in its study: 1. Ends of state - The end of the state are to think of the all-round development of its citizens. Its end is not merely to achieve glory for itself.

2. Study of Government as a Means - The govt. acts as the agent of the state.

3. Study of different Forms of the Government - The forms may be different according to the nature of the central authority.

3. Study of relationship between the people and the government. These aspects have been

4. Described by Gettel as the analytical study of what the state IS.

B. Study of state in Historical Perspective It implies the study of the growth of state in its various phases and forms in different states of history. It includes the following:

1. When and How the State comes into Existence

2. State in Different Ages

3. Study of the change in thinking in different ages through development of the various the ories regarding the origin, nature and functions of the state.

4. Study of the Behavior of the Bureaucracy.

5. Study of the Behavioral concept

6. Study of the methods of Election and voting Behavior.

7. Study of Political Parties and Pressure Groups.

8. Study of Social, Economic And Geographical conditions

9. Study of Developing Nations

10. Study of International Politics and International Organization.

Political Science and Law It is a matter of common knowledge that the legal system essentially deals with the legitimacy, the distribution and the control of state power in political societies. Derived from the Greek word 'polis', meaning city state, politics deals with those activities designed to shape the decisions of politicians and officials who exercise state power in a manner subservient the aspirations of the people and conforming to the framework of the constitution. Since politicians and civil servants formulate their decisions according to law or at least under the apparent authority of law, politics indeed is law, institutionalized or formalized in acceptable patterns. Public opinion influences legislative opinion and shape the nature and content of law. Political scientists study the new legal structures and techniques in their interaction with people and officials and modify their findings thereby contributing their knowledge on political behavior and social development. It is therefore included in behavioral sciences. Following political interactions, the necessity for a legal regime was felt which led to the emergence of the institutions and processes that gave International Law a respectable place in academic disciplines and scholarly pursuits. The legal order got shaped and reshaped in the aftermath of wide ranging changes in political

processes and activities. The ultimate victory in this continuing process of political history is the universal acceptance of the inalienable rights of man and the obligation of the state to honor them through appropriate institutions and processes. This development has been by far the most remarkable manifestation of Law and Politics. Today, human right is a matter of law and politics. It is the yardstick by which govt. are assessed. It is the weapon with which arbitrariness of the govt. is controlled. It is the norm which binds diverse political societies and makes them accountable to common universal values. Public law grows under its influence and promises a legal regime far superior to any of the existing models. Indeed, politics divested of its baser elements is an. exciting and rewarding area for serious study and reflection on the part of every lawyer whether he plays the role of a policy planner, advisor, litigator or jurist. The Importance of Political Science

The importance of political science lies in the fact that all of us live within political systems and we are affected by the changes in the global political economy. With the advent of globalization, there has been a concomitant rise in the interest taken by the people of the world in understanding the political systems of other countries. Hence, political scientists become valued and important as they provide the lens through which we can understand the global political economy. There are many universities that provide graduate and higher-level degrees in political science and in recent years, because of the renewed interest in political science as a field of study, there are many takers for these courses. This article sets the context for the subsequent discussion on the various aspects of political science and its relevance to the modern political economy.

Post- Behaviouralism

As David Easton admits, American political science had never been united in its acceptance of the theoretical and technical aspects of behaviouralism. The voices of protest did not demand to “turn the clock back to traditional intuition and non-methodology.” They saw deficiencies in behaviouralism but wanted to improve the quality of research by building upon the existing behavioral foundations. David Easton observed: “Some may object to characterizing this new movement as a revolution and argue that if anything it is only a shift in emphasis. Whether it in fact penetrates far more deeply than a change in emphasis must be left to history to decide. It does seem to be encouraging profound changes in the character of the discipline, and this is all I would imply in labeling it a revolution. But to avoid arguments about degree, it would be equally acceptable to speak of the post-behavioral reformation. Post-behaviouralism also lack any firm methodological commitments. Some of the them are dedicated classicists but many others are rigorous scientists and empiricists. Neither does post- behaviouralism appeal to any one age group alone. Its adherents include all the generations from young graduate students to older members of the profession. This amazing verity-ideological, methodological and generational- is motivated by a deep desire to make the discipline more ‘relevant’ and action-oriented.

Concept of State - The State and its Elements, Distinctions between State, Society and Government Meaning of State The state is the most universal and powerful of all social institutions. As the Greek writers have taught us to think, the state is both a natural and a neCessary institution. Aristotle declares that man by nature is a political being.7 To him, to live in the state and to be a man were identical, for whoever was not a member of the state or was unfit to be one was either a god or a beast. 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. 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. 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.8

3. 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 From the above definitions, it is clear that the following are the elements of the state :- Physical bases of the State- POPULATION SOVEREIGNTY TERRITORY GOVERNMENT Population

State

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. large enough to be self Sufficing and small enough to be well governed. Rousseau determined 10,000 to be an ideal number for a state. Greek thinkers like Plato and Aristotle thinking on the number was based on small city – states like Athens and Sparta. Modern states vary in population. India has a population of 102,70,15, 247 people according to 2001 census. Territory There can be no state without a fixed territory. People need territory to live and organize themselves 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. 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. 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. 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. Sovereignty has two aspects: 1) Internal sovereignty

2) External sovereignty Internal sovereignty

Means that the State is supreme over all its citizens, and associations. External sovereignty means that the state is independent and free from foreign or outside control. According to

Harold J. Laski, “It is by possession of sovereignty that the state is distinguished from all other forms of human association. Functions The state cannot perform all functions. In practice the state is not capable of fulfilling all the necessities of individual. According to MacIver and Page, there are four distinct categories of functions of the state. They are – Functions peculiar to the state Although there is a general difference of opinion as to this kind of function it must be admitted that state alone can perform these functions. No other agency can execute such functions, it lone can guarantee equal facilities and opportunities to all members, it can fix up minimum standard for decent living. Nor is this all. The state can organize justice, peace, education and determine the scales of measurement. All these functions can alone be performed by the state.

1. Functions for which the state is well adopted

These are the functions which the state can perform more successfully than any other organization. Such functions include the conservation of natural resources such as forests, fisheries, wild animals and minerals. Another function of the state consists in the provision of education to all the members. The state consists in the provision of education to all the members. The state can consists in the provision of education to all the members. The state can contribute to the development of science and art also. Apart from these things, the other functions such as the provision of public parks, museums, play grounds etc. are included in this category.

1. Functions for which the state is ill adopted There are some functions which the state cannot perform as effectively as some other agencies. In this category we included many cultural, religious and class addicted activities for welfare which the state is ill adopted to perform. These functions can be performed in a better way by other private organizations. 2. Functions which the state is incapable of performing There are many functions which cannot come under the control of the state. For example, the state cannot control public opinion, it cannot regulate the conduct of the individuals, it cannot change the customs, traditions, conventions of the society, it cannot control religion. It short, the state cannot control the details of conduct and culture. All these things remain outside the sphere of state control. It can be concluded the state cannot perform all the functions. It does so possess supreme power in so far as these functions are concerned. Society

Societies may also be structured politically. In order of increasing size and complexity, there are bands, tribes, chiefdoms, and state societies. These structures may have varying degrees of political power, depending on the cultural, geographical, and historical environments that these societies must contend with. Thus, a more isolated society with the same level of technology and culture as other societies is more likely to survive than one in closer proximity to others that may encroach on their resources. A society that is unable to offer an effective response to other societies it competes with will usually be subsumed into the culture of the competing society.

Importance

Society is important because it provides us with a system and a platform to work together for the betterment of the world. With the collective efforts of the society, we are able to improve our living and social conditions. ... We are advancing due to the collective social effortsiety.

The Relation between State and Society

According to Karl Marx 'The executive of the modern state is but a committee for managing the common affairs of the whole bourgeoisie. This is the clearest assertion of the basic tenet of Marxist theory of the state. The state acts in the interests of the dominant class. Marx never elaborates on the topic of the state - the task of putting forward a full theory of the state was one the aims of the incomplete Das Kapital. In order then to find a Marxist theory of the state, modern scholars must piece one together from the references scattered throughout Marx's work. The above quote, however, is by far the most succinct way of putting forward the basic message of a Marxist theory of the It exists to serve the interests of society as a whole. Conversely, Civil Society expresses the interests of individuals. It consists of the private relations between individuals within the laws and regulations of the Political State. All these relations can be seen as being motivated by self-interest. This includes non-political institutions such as the Corporation and marriage.

Distinction between State and Society A human association organized with common desire and common interest is called society. Ancient scholars did not differentiate state from society. The city states were small and every individual had relations with other individuals. It was difficult to separate their social and political activities. Even in modem times, according to idealist scholars like Hegel, Bradley and Bosanquet, there is no distinction between them. They took the state as a divine organization and the citizens as the devotees of the state. Still, there are significant differences between the two which are as follows – 1. Society comes into existence before the state - MacIver says "kinship created society and society at length creates the state.

2. A territory is essential for the existence of the state and not for the society. 3. The purpose of the state is fulfilled by the govt. In contrast, there are many social groups existing even today without any political organization. 4. State is a sovereign association - It can punish its citizens if they disobey its orders. society doesn't possess any such power and individual's conduct is regulated by social customs, traditions and conventions. 5. State is a political association and so its aim is limited. It looks upon individual as a political being. Whereas the aim of the society is social, cultural, educational, religious, economic etc. the scope of society is wider than state. 6. State exists within society. Society is prior to the state and it embraces all communities organized.9 Society and state are inter-dependent. State cannot be imagined in the absence of the society and in the absence of the state, society becomes disorganized and disorderly. Barker said "The state and the society overlap, they blend, they borrow from one another."

Government 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. Functions- 1. 'To form a more perfect Union. 2. To establish Justice'.

3. 'To insure domestic Tranquility'.

4. 'To provide for the common defense'

5. 'To promote the general Welfare'.

6. 'To secure the Blessings of Liberty'.

Distinction between State and Government 1. State is permanent but govt. can change. The state ceases to exist when it loses its

sovereign power. 2. State is wide. It includes various associations working in different field. But govt.

includes only a handful of people who carry on the will of the state.

3. State is master. The state form govt. according to its aims and transfer power according to its needs.

4. The form of the state hardly changes. But govt. can have different forms like parliamentary, presidential, federal, unitary etc.

5. State is not visible but govt. can be seen. We can see govt. employees working under different departments.

6. It is not possible to agitate against the state but one can definitely protest against the

oppressive government. But one can say with certainty that government is an integral part of the state. Govt. works for it and implement the wishes of the state.

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 an 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 The theory of divine origin has been criticized on many grounds. To say that God selects this or that man as ruler is contrary to experience and common sense. God cannot be expected to do such worldly things for human beings. The theory is dangerous because it

pinpoints the unlimited and arbitrary power of the kings. The theory of divine origin of the state advocates only monarchical form of government. The monarchical form of government is practically disappearing from the world. No wonder the theory of divine origin also does not find its supporters in modern times. We all believe in the theory of evolution. Everything in the world has grown up by slow degrees and consequently the same must have been the case with the state. It is too much to believe that one day God thought of creating the state and created one. The theory put emphasis on revelation and not reason.

In modern times we attribute everything to reason and hence it is not accepted today. Although the theory has many defects and is no longer accepted today, it cannot be denied that it )had its utility .The theory of social contract with its emphasis on consent, was a great deadlock to the theory of divine origin. It was maintained that state was created by individuals by means of a contract and not by God. The separation of the church from the state was also partly responsible for the decline of the theory.

The Theory of Force The force theory of the origin of the state holds that the state is the product of use of force by the strong against the weak. When the state is regarded as an outcome of subjugation of the weak by the strong, it is portrayed as an embodiment of the injustice. The force theory is therefore, usually invoked in order to show that freedom of the individual could be secured' only by restraining or destroying the state. Criticism Force indeed has played an important part in the origin and development of the state. Some of the greatest empires of today have been established through blood and iron. The theory of force unduly emphasis the principle of the survival of the fittest. It means that might is right and those who are physically weak should go to the wall. It is dangerous to employ such a principle in the internal existence of the state. Every state will be at perpetual war with the rest. This is a condition of chaos, pure and simple endangering the peace and security of the world. The attention and efforts of every state will be directed towards war preparedness and to win the war if it comes. War which is an alias for murder, glorifies brute process, suppressing the moral forces. This is the mean self of man and not his real self. This theory justifies despotism. It is opposed to the idea of freedom. It is too much to believe that the state is created and maintained by sheer force and the spiritual and moral values have absolutely no place in life.

The theory of the Social Contract The theory of the social contract presents a typical version of the origin of the state from the liberal point of view. This theory treats the state as a product of the mutual agreement of men, created with a definite purpose, to serve certain social needs. According to this

theory, the state is not a natural institution, but an artificial device or instrument invented by men for their mutual benefit; it is intended to serve the interests of all individuals or all sections of society. It regards the state as the product of the will of the society; hence it is an expression of the "superior will". This theory was systematically formulated at a particular point of European history, an order to drop a curtain on the values of the feudal system and to introduce the new values of the capitalist system. Thomas Hobbes (1588-1679), John Locke(1632-1704) and Jean Jacques Rousseau(1712-1778)are regarded as the main exponents of social contract theory. This theory held the field in Europe in the 17th and the 18th centuries. It is important to note here that the whole theory is based on speculation. It seeks to trace the origin of the state through logic, not through historical or scientific evidence. State of Nature The state of nature denotes how men live or would have lived without the authority of civil law, state or political control. Hobbes Hobbes draws a gloomy picture of the state of nature. In the absence of law and justice, the state of nature is characterized by a perpetual struggle, ceaseless conflict and constant warfare, In pursuance of his own pleasure, man wants power over others; but as the physical and metal powers of all men are alike, nobody is able to overpower other. Hence men stand in natural fear of one another. It is a state of total insecurity. Locke Locke draws an entirely different picture of the state of nature. In his view, it is not a state of constant warfare. On the contrary, it is a state of "peace, goodwill, mutual assistance and preservation. "The majority of people at this stage obey the law of nature i.e., the law of inward morality. If man become judges in their own cases, justice would not be secured in this respect, the state of nature proves to be inconvenient. When men enter into political society, they surrender their natural rights to be judges in case of breach of law-this power is now vested in the community instead of individuals; but they still retain their natural rights to life, liberty and property. Rousseau Rousseau in his essay' Discourse on Inequality’, presents a fascinating picture of the state of nature. He describes natural man as a noble savage living a life of idyllic happiness and primitive simplicity. He states that men in the state of nature are equal, self-sufficient and Contended. But with the rise of civilization inequalities raise their head. With the development of arts and science, private property comes into existence, with the consequent division of labor. This necessitates establishment of civil society. The state is thus an evil; its formation becomes necessary due to inequalities among men.

Terms of Contract Hobbes Hobbes postulates a single contract by which men abandon the state of nature and establishes state and society together. Through this historical fiction he tries to convey a philosophical truth-that the govt. does not rest on sheer force; it rests on the will of the people. Since the state and society comes into existence together through a single contract, repudiation of the contract would result not only in the overthrow of the govt. but a disintegration of the society itself. That's why Hobbes treats sovereignty as absolute, indivisible and inalienable. Locke Locke believes that society and state were created in different steps: creation of society is the primary step; setting up of the govt. is the secondary step. So, if the govt. is dissolved, society does not disintegrate. Order will be restored by setting up of the govt. in its place. Locke places the govt. under the control of the society. This leaves no scope for absolutism. Rousseau Sovereignty, according to Rousseau, is not vested in a ruler apart from society. Instead, it is vested in the people themselves. When people enter into a social contract, they relinquish their natural rights in their natural capacity; they surrender their natural rights to their collective whole. Thus, what they lose in their individual capacity, they get back in their corporate capacity. No one is a looser in bargain; everybody is a gainer, because when anyone is attacked, society as a whole comes to its rescue. The creation of a popular sovereignty by vesting it in the "General Will" is a unique contribution of Rousseau which laid the foundations of the modem democracy. Historical-Evolutionary Theory of the Origin of the State The historical-evolutionary theory of the origin of the state primarily relies on a scientific approach to this problem. It creates the state as a product of historical development. During the process of organizing their social life, they gradually evolved certain forms of organization which eventually led to the emergence of evolution of the state were: kinship, property, custom(including magic and religion),power and citizenship. Kinship MacIver declares "Kinship creates society and society at length creates the state". Kinship implies blood relationship. The sense of the family gives rise to a greater community. When each generation of the family goes beyond it to another family. The process-of transition from the family to a greater society starts taking place.

Property The process of domestication has now advanced and because of a relatively settled pastoral life and agriculture, possession of wealth becomes the dominant feature of social organization. The patriarchal family is characterized not only by possession of property but also by inheritance of the property. With this, the importance of ancestry grows. The name of the father becomes the symbol of heir ship. Eventually, the authority of the father passes into the power of the chief. Thus, new socia1fonns arise from the bond of kinship which transcends this form. Custom A new development in this process is evident in the form of the custom which permeates and regulates the conduct of the members of the community. It is well-established customs which in due course leads to the evolution of the social institutions and patterns of leadership. In this process of differentiation, formal organs of government begin to take shape. Power Patterns of leadership give rise to exercise of power. Those who assume the role of directing the others become more interested in preserving their privileges and power than in the welfare of the community. In due course the organization of power takes more complex forms. It takes the form of hierarchy which implies a class structure. The powers of the rulers take a political character. Thus, war and conquest sharpen the structure of domination and subordination in society which assist the growth of political power and the institutional structure of the state. Citizenship The definite forms of state comes into existence only when political organization is developed further so as to embrace some more characteristic features, viz; territorial exclusiveness ;its subjective character of citizenship in its various expressions, of which nationalism is perhaps the most complete and its institutional criterion in the form of political sovereignty and law. Marxist Theory of the Origin of the State In order to understand the Marxist position on the origin and the nature of the state, it is essential at the outset, to distinguish between the foundation or base of society and the structure above its foundation or the superstructure, In this building like metaphor, it is assumed that the character of the superstructure will depend on the character of the base. The forces of production constitute the basis of all social relationships; they belong to the base or sub-structure. Legal and political structure, religion, morals and social customs belong to the superstructure. Accordingly the state like other parts of the superstructure of society rests upon the prevailing economic conditions. Marxists believe that state comes

into existence for the protection of the private property. According to Marx, the state is an Argon of class rule, an organ of the. oppression of one class by another, it is the creation of order which legalizes and perpetuates this oppression by moderating the conflict between the classes. Marxists have found it to be a symbol of social injustice. Characteristic Features of the State Engels has identified four important characteristics which attend the birth of the state: a. Division of subjects according to territory

b. Establishment of public power

c. Right of levying taxes and contracting public debts

d. Privileged position of officials.

Nature and Functions of the State in Liberal and Marxist Theory Liberal Theory of the Nature and Function of the State Early Liberalism or Classical Liberalism which started taking shape in the 18th century and was systematically formulated in the 19th century placed the individual at the centre of its philosophy. It sought to argue that the individual is endowed with the faculty of reason which enables it to find out what is most conducive to his interests. Classical liberalism therefore advocated the individual's right to freedom of trade, freedom of contract, freedom to bargain and freedom of enterprise. The profit motive of the individuals and their open competition were regarded as functional and hence conducive to social progress. Laissez Faire Individualism Classical liberalism with its emphasis on the individual as the centre of importance advocated the policy of laissez faire, a French term which means 'leave alone'. The exponents of laissez faire individualism include Adam Smith, Jeremy Bentham, James Mill, Herbert Spencer and J.S. Mill. Adam Smith He asserted that everyone has a natural propensity to trade. The selfish motive of the enterpriser is conducive to promotion of general good; it harmonizes with national prosperity benefiting all-govt., business and labor. He postulated a system of natural liberty-implying perfect freedom of commerce and industry in order to promote national prosperity. According to this system of natural liberty the role of the govt. is confined to the defense of nation from foreign aggression, establishing an exact system of administration and justice and the erection and maintenance of public works which don't give any profits to the private individual.

Jeremy Bentham There was only one absolute standard of regulation of human affairs viz. that of absolute expediency. These of the individual should furnish the yardstick of utility and when a decision is to be taken for the whole society the controlling principle should be the' greatest happiness of the greatest number'. Thus Bentham postulated that pleasure and pain were susceptible to measurement. he accorded a central place to the individual on questions relating to public policy and legislation. The interest of the community could likewise be discovered by adding the interests of all the individuals who composed it. Accordingly the business of the govt. of to promote the happiness of the society by a system of punishments and rewards. It had no other justification for existence. Each individual should be treated as one unit and that none should be given special consideration:' each to count for one and no one for more than one." Transition to Positive Liberalism The success of capitalism in the 19th century demonstrated that the free-market society created large inequalities among human beings and promote oppression of the vulnerable sections-workers, peasants, consumers etc. J.S. Mill awes first prominent liberal thinker who started with a defense of laissez faire individualism but on realizing its weaknesses in the light of new socio-economic realities, he proceeded to modify it. After Mill, T. H. Green and L.T. Hothouse made important contributions to the theory of positive liberalism. J.S.Mill While in the political sphere he proved himself to be a strong supporter of constitutional and representative govt., in the economic sphere he showed socialist leanings and laid the foundations of the 'welfare state' He disagreed with the Bentham's view that happiness could be measured by quantitative differences of pleasures not by qualitative differences. He insists on liberty of thought and expression as well as liberty of conduct. He draws a distinction between two types of actions of men: 'self-regarding actions' and 'otherregarding actions'. Mill defends complete freedom of conduct for the individual Funless it adversely affects the community. Thus he was contemplating a positive role for the state in securing community welfare even if it implied curbing the liberty of individual to some extent. Harold Laski He was deeply concerned with the crisis of capitalism yet he saw no promise in the outcome of the socialist revolution. In the event, he sought to achieve the socialist goal through the mechanism of liberal democracy. Laski pins his faith on the perfectibility of the state. He hopes that if the state is made to fulfill certain functions, it can become an instrument of perfection of mankind. Any state can be made to serve the interests of humanity and if that is secured revolution can be averted. He does ,not advocate total abolition of the capitalist system probably because he thinks that retention of liberal democracy must imply features of the capitalist system. Laski seeks to transform the

capitalist state by the democratization of economic power, i.e., by ensuring larger public control over vital instrument of production and distribution, reducing enormous economic disparities by a progressive system of taxation and establishing a democratic state increasingly concerned with the welfare of its citizens. Robert. M.Maciver The state has a limited sphere and cannot be identified with the whole activity of the society. It is society which meets all the needs of human personality. Men seek to serve their varied interests through several associations. The state is one of such associations. Law itself exists above the state but it is declared and, enforced by the state. The state comes into the picture only when the interests on one group encroach upon another. It can only harmonize different social interests originally expressed through human associations. The state is subservient to society, it derives its authority from society for which it fulfills certain conditions. The powers and prerogatives of the state are dependent on the services rendered by it. MacIver has therefore advanced the theory of the 'service state'. He tends to keep its authority within definite limits. MacIver is convinced that only a democratic state can perform the unifying function most effectively. The evolution of a democratic state-the state as an instrument of reconciliation of interests and resolution of conflicts, the state is an agent of social solidarity-is a unique achievement of modern civilization which marks a departure from its historical form. The modem democratic state stands to serve the interests of all society. This is precisely the true function of the liberal state.

MARXIST THEORY OF NATURE AND FUNCTION OF THE STATE The precise functions of the state depend on the stage of its historical development. Each stage corresponds to a particular system of production. The Marxist theory broadly divides the history of the state into five stages: The Primitive-Communal System Society is not yet divided into dominant and dependent classes; it does not conform to' the idea of the state. It is a pre-state society-just a 'social state' instead of a political state ... There was no concept of a private property, hence no exploitation of man by man. In the absence of the class-distinctions and consequent exploitation, there was no need for a special apparatus of coercion; the common affairs of community were managed collectively or entrusted to the most respected and experienced members of the community. The Slave System

This stage is characterized by the existence of private property not only in the means of production but also in the workmen themselves. The enslaved workers are treated as the property of their masters along with the material means and animals. With a view to crushing I any opposition from the slaves-a special apparatus of coercion -the state- is created by the dominant class. The chief function of the state is the protection of the private property of the slave-owners. In due course, when large-scale agriculture becomes the chief mode of production, the slave system is replaced by the feudal system. The Feudal System The means of production primarily consisting of land are owned by feudal lords while labor is done by peasants called serfs. The peasants have their personal belongings and after meeting their obligations towards their feudal lords, the product remains at their dispose. At this point the class-struggle between the lords and the serfs becomes more acute. The Capitalist System The working of the capitalist system is the main focus of the Marxist theory. It denotes the stage of advanced industrial production when the means of production are held in Ownership by a few capitalists while the larger majority of people are forced to live as wageworkers. The capitalist change the method of political rule monarchical rule gives way to parliamentary republic, suffrage is introduced civic liberty and equality before law is introduced. in this way the ruling class is able to evolve a more refined method of exploitation under the garb of constitutional rights and liberties. The Socialist System This system is characterized by social ownership of the means of production. The production relations of the socialist society are based on cooperation and mutual assistance. It envisaged as ushering in a stateless and classless society described as communist society. The socialist system is coterminous with the dictatorship of the proletariat. It is only a transitional stage from capitalism to communism. Communist society of the future will be governed by the rule: "from each according to his ability, to each according to his need". Functions of the State in Socialist Society a. Socialization of Production and Distribution b. Raising the Productivity of Labor c. Development of Science and Technology d. Transformation of the Bourgeoisie Culture.

Criticism a. No sharp division of society into classes, especially middle classes. b. Various welfare functions adopted by the capitalist societies. c. Inequality of power in socialist states. d. Shift of focus from base to superstructure. Conclusion Unfortunately, a large number of socialist countries including those of USSR and Eastern Europe suffered from a high degree of bureaucratic repression and administrative corruption. Popular protests against their regimes have led to the eventual collapse of socialism in these countries. Socialism itself is no panacea for the ills of mankind. It must be supported and reinforced by human values and styles of leadership. Important Questions:- Q. 1. Define Political Science. Discuss its relevance to Law. Q. 2. Discuss nature and scope of Political Science. Q. 3. What is state? Discuss elements of the state. Q. 4. Discuss the relation between state and society. Q. 5. What is the relation between state and government? Q. 6. Explain the Divine Origin and Force theory of the Origin of the state. Q.7. Discuss the Social Contract Theory of the Origin of the state. Q. 8. Discuss and critically analyze the Historical-Evolutionary theory of the Origin of the state. Q. 9. Explain the Liberal Theory of the Nature and Functions of the state. Q. 10. What is the Marxist Theory of the Nature and Functions of the state? Discuss in detail. Q. 11. Explain the Marxist Theory of the Origin of the state. Q. 12. It is said "Political Science begins and end with the state." Discuss.

Q. 13. Discuss the Post- Behaviouralism.

Q.14. Discuss the Evolutionary theory of origin of State.

Q.15. Define Political Science according to Traditional approach and difference between Politics and Philosophy.

Q. 16. Explain the Welfare State.

Q.17. “When I see a good sit of examination questions headed by the word ‘ Political Science’ I regret not the questions but the title.” Maitland. Discuss the statement.

Q.18. Explain the function of the State.

Q.19. Critically explain “Social Contract” theory. UNIT- II- MAJOR POLITICAL IDEOLOGIES Liberalism, Socialism, Marxism, Utilitarianism, Gandhiism and Sarvodya, Sovereignty. LIBERALISM MEANING 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. Its 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

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.

MAIN PRINCIPLES OF LIBERALISM 1. Liberalism has faith in the intelligence of man based on reason. Scholars like John Locke and Thomas Paine advocated liberalism.

2. Liberalism was initially regarded as a symbol of revolt against tradition and superstition. But it condemns violence and discards revolution. It advocates peaceful, and constitutional means for changing the social system.

3. Liberalism is a supporter of capitalism and does not believe in classless society. Liberalism has total faith in individual liberty.

4. Individualism is the focal point of Ii liberalism. It is responsibility of the state to help in the development of his personality, and to protect his life, liberty and property. It does not accept the state as an end. It only accepts the state as its means.

5. According to liberalism, state is a man-made institution created for the protection of the individual. It does not accept it as a divine institution.

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.

CLASSICAL LIBERALISM

MODERN LIBERALISM

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. 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.

3. Fabian Socialism

It originated in England by the Fabian society founded in 1884.They set before themselves the task of permeating the middle classes with the socialist message. They sought to introduce socialism not in a single stroke but by degrees through state and cooperative ownership of industry, increasing power of labor in legislative and executive offices, growth of trade unions and educational movements and development of social consciousness. Its main aims include: emancipation of land and capital, transfer of the management of industrial capital to the community as a whole, equality of opportunity, dissemination of socialist ideas and universal education.

4. German Social Democracy

It is developed by Ferdinand Lassalle. He suggested that the working class should organize itself is not a political party with a view to securing universal, equal and direct suffrage so as to make its power legally effective. 5. Revisionism

It emerged in Germany led by Eduard Bernstein in 1932.Its main tenets include: The class struggle had become less intense because the conditions of the working class improved rather than deteriorated, the middle class had infect expanded rather than shrunk, large areas of industry had remained in small scale production rather than concentrated in large scale industries. He preferred democracy and treated socialism as a movement rather than an ultimate destination. 6. Syndicalism

This movement developed in France and Latin countries. It considers labor unions and their federations as cells of the future socialist order. It wants complete freedom of labor unions from political parties. It preached abolition of the political state. It urged industrial action as the only effective means of bringing about a revolutionary change in society and

treated the general strike as a means of securing workers control over industry. Syndicalism stood for "socialization without state". 7. Guild Socialism

There was another movement in England in the first quarter of the 20th century. It upheld the Marxian theory of class struggle. It stood for the abolition of the wage system and demanded representation of the workers in industrial control. It sought to modify Syndicalism by introducing the importance of consumer side by side with the worker. It sought to abolish the old state which was an instrument of exploitation.

8. 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. 9. 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. 10. The Socialist Pattern of Society The socialist pattern of society was accepted as a model of socio-economic development by the Indian Parliament in dec.1954.The accent of the socialist pattern was on reduction of equalities, the raising of standards of living, the enlargement of opportunities for all, the promotion of enterprise among the classes and the creation of a sense of partnership among all sections of the community. EVALUATION (1) No Coherent Doctrine (2) Not based in the Working Class (3) Legitimization of the Bourgeois Class 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. J.S. Mill came to revise it on two important counts: a. He introduces qualitative differences between different kind of pleasure; b. By drawing a distinction between self regarding and other-regarding actions.

Sources of Pleasure or Pain Bentham list out the following four sources of pleasure or pain: 1. Pleasure and pain which occur due to physical or natural sanction: We experience or expect them in the ordinary course of nature, nit purposely modified by any human interposition.

2. Pleasure and pain that occur due to moral sanctions: These are pleasure and pain which we experience or expect at the hands of our fellows prompted by the feeling of hatred or goodwill.

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. Bentham attaches three conditions to has principle of utility 1. It must be clear and precise. 2. It must be single and sufficient amount of motivation. . 3. It must be applicable by means of a moral calculus

Significance of Bentham’s political obligation of Utilitarianism Bentham’s straight forward statements challenging the then existing social and political institutions have universal appeal. His philosophy gave a severe blow to the social contract theory, when he said that the state was not outcome of any contract but only because the people saw in it their advancement. His philosophy preached democracy and democratic institutions which was a bold step in those days. His utilitarianism shook many of the age-old institutions from their very foundations. His utilitarian principles which are a common sense formula of the ‘greatest happiness of the greatest member’ had been of immense value which helped to face the problem of his day and hold good even today.

It has given the legislators somewhat a measuring rod by which they could judge the utility

of particular legislation. Though the utility cannot be measured ordinally. Bentham treated all problems from the utilitarian point of view and all his other theories, legal, political and social are an extension of his ethical theory. He offered practical solutions to reform the English society. He applied the principle of utility to the question of property. He contended that property was an institution which brought happiness to its owner. To achieve the end of ‘greatest happiness of the greatest number’ required that the property be equally distributed among the people. 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.

GANDHISM AND SARVODAYA

MEANING Gandhi’s mission in life was to purify politics, to rekindle faith and trust in mankind, to rehabilitate the freedom of man and to restore the dignity and worth of human beings. Gandhism way of life is closely related to the concept of Sarvodaya. GANDHISM AND GANDHIAN WAY OF LIFE He started his battle against racial discrimination and social inequality in S. Africa. In 1915, Gandhi entered the Indian National Movement. His struggle was based in the principles of truth, non-violence and satyagraha. His active participation actually began from the days of the non-cooperation movement in 1921- 22.Civil disobedience movement, the Dandi march, the Gandhi-Irwin pact, The Round-Table Conferences, Quit India Movement Shimla Conference, The Cabinet Mission Plan and his lonely march in Bengal after the Partition of the country demonstrated his faith in truth and non-violence. Gandhi applied these principles on a mass-scale covering the whole of life, individual and social, moral and material, Herein lay the originality of Mahatma Gandhi. Sanskrit, Ramayana, Mahabharata, Bhagvad Gita, John Ruskin's book "Unto the Last" and Leo Tolstoy's "The Kingdom of God is Within You" exercised a powerful influence in shaping the ideas of Mahatma Gandhi. RELIGION AND POLITICS He believed in all-pervading God. His God was truth. His truth was knowledge and where there is true knowledge there is bliss. He accepted the creative force of religion. Religion inspires faith in moral values. The true religious attitude to Gandhi meant voluntary acceptance and fulfillment of duties. moral society is impossible without truth, love, ahimsa and obedience to the law of 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 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.

SA TYAGRAHA 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. (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 democratic decentralization 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 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 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 the villages self-sufficient. 4. It believes in the Gandhian concept of trusteeship. 5. It believes in secularism.

PROGRAMME OF SARVODAYA It has a comprehensive program which are as follows: 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.

MARXISM

INTRODUCTION 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.

FUNDAMENTALS 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 'synthesis'. 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. 2. MATERIALISTIC INTERPRETATION OF HISTORY Analyses of history based on dialectical materialism is named by Marx as 'Historical Materialism'. All historical development should be viewed in the material context. By material condition he meant environment, production, distribution and exchange. On the basis of production-oriented relations Marx divides history into five periods –

a. Primitive Communism Every individual himself was a consumer as well as a producer. b. Slave Society 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. 1. THEORY OF CLASS STRUGGLE One class has always exploited the other. With the disappearance of the primitive society, conflict between the haves and have-nots became the vital truth of social life. State has always been an instrument of exploitation. Class struggle will continue till social order comes under the control of the working people. With the victory of the proletariats, the class struggle will come to an end and way for a classless society will be cleared. 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.

3. DICTATORSHIP OF THE PROLETARIOT

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 Pre-Marxism was utopian. Marx gave it a scientific form. It prepares the working people to fight for their rights. But critics find several shortcomings in Marxism. It is accepted that materialistic interpretation of history is not realistic in totality. History has been influenced by several factors like religion, morality and law. Class distinctions are not as critical as Marx has suggested. We find that capitalists and workers do not always clash. Marx had

opined that the only way of ending exploitation is revolution and that state will do nothing to help the workers. In most of the liberal democracies states have taken several concrete steps to check exploitation. There is no evidence of the disappearance of the middle class. According to Marxism social control of the means of production could take place only in a socialist society. In most of the non-socialist countries attempts have been made to make the capitalist answerable to the communities. Public sector is being encouraged. Critics point out that there seems no sign of withering away of the state even after more than 70 years of Russian revolution. The state is still powerful. Developments in the socialist countries in late 1980's have proved that all is not well with Marxism. Marxism as an ideology is very convincing. But there seems to be several shortcomings in theory and failures in practice. 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 ages 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.” 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. 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”. 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.’’ 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.” 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. There are two aspects of sovereignty . 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 supremacy in internal matter and freedom from the control of external governments on the basis of the attribute of the sovereignty. 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.

Kinds of Sovereignty

Internal Sovereignty External Sovereignty

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rights to its citizens and there can be no rights against him. It means rights of citizens depend on the will of legal sovereign and any time he can take away. Legal sovereign has following characteristics- 1. The legal sovereignty is always definite and determinate .

2. Legal sovereignty may reside either in one person or in a body of persons.

3. It is definitely organized, precise and known to law.

4. Rights of citizen are gift of legal sovereign.

5. The will of state is expressed by the legal sovereign only.

6. Legal sovereignty is absolute. It cannot be questioned.

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. AUSTIN’S THEORY OF SOVEREIGNTY (MONISTIC VIEW) In the 19th century the theory of sovereignty as a legal concept was perfected by Austin, an English Jurist. He is regarded as a greatest exponent of Monistic Theory. In his book ‘Province of Jurisprudence Determined (1832) Austin observed’ 24 “If a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience from the bulk of a given society, that determinate superior is sovereign in that society and that society (including superior) is a society political and independent.” To Austin in every state there exists an authority to whom a large mass of citizen show compliance. This authority is absolute, unlimited and indivisible. Austin’s theory of sovereignty depends mainly upon his view on nature of law. According to Austin “Law is a command given by a superior to inferior” the main tenets of Austin’s theory of sovereignty are as follows- 1 Sovereign power is essential in every political society.

2 Sovereignty is a person or body of persons. It is not necessary that sovereign should be a single person. Sovereignty may reside in many persons also. Austin explains that a “Sovereign is not necessarily a single person, in the modern western world he is rarely so; But he must have so much of the attributes of a single person as to be a determinate.” To Austin state is a legal order, in which there is a supreme authority, which is source of all powers. Sovereignty is concerned with man, and every state must have human superior who can issue commands and create laws. Human laws are the proper subjects of state activity. 3 Sovereign powers is indivisible. Division of sovereignty leads to its destruction. It cannot be divided. 4 The command of sovereignty is superior to over all individuals and associations. Sovereign is not bound to obey anyone’s order. His will is supreme. There is no question of right or wrong, just or unjust, all his commands are to be obeyed. Austin’s theory says that the obedience to sovereign must be habitual. It means that obedience should be continuous. He also includes that it is not necessary that obedience should come from whole society. It is sufficient, if it comes from the lay majority of people. Obedience should come from bulk of the society otherwise there is no sovereign. In brief we can say that sovereignty according to Austin is supreme, indivisible and unquestionable. 5 PLURALIST THEORY OF SOVEREIGNTY The pluralist theory of sovereignty was a reaction to monistic or legal theory of sovereignty. To monistic theory state is supreme association and all other associations are the creation of state and their existence depends on the will of the sovereign power. The pluralist theory rejects this and tries to establish that there is no single source of authority that is all competent and comprehensive The chief tenets of pluralist theory of sovereignty are as follows.

a. Pluralist sovereignty deals with political aspect of sovereignty. b. State is one of the several human associations catering to various interests of the

individuals. c. State is arbiter over conflicting interests of different associations. d. State should compete with other human associations to claim superior authority. e. State was not absolute or supreme legally. f. State is not the only source of legislation or law.

g. Law is very antithesis of command. h. The state is both the child and parent of law. i. The root of obedience of law isn’t coercion but the will to obey. j. State and government are not different. Criticism Critics maintain that without establishment of a classless society, sovereignty can neither be divided nor be limited. In order to limit the sovereignty of the state there must be a classless society. The demands for freedom from different associations also are criticized. Division of sovereignty among different associations is not only impossible but also improper. The pluralist view will lead to political anarchy and social instability. The pluralist limits the sovereignty in order to maintain independence of individuals and other associations, however in order to maintain the rights of the individuals and associations, the state must have sovereign power. The interest of individuals and associations, will conflict and the state will be helpless if it does not possess sovereign power. Inspite of all these criticism it cannot be denied that the pluralist theory of sovereignty protested the rigid and dogmatic legalism of the Austin’s theory of sovereignty. It supports humanist and democratic ideas. It challenged the concept of unlimited sovereignty. This theory also pointed out the importance of other associations. Only state is not important but in a society there are also many other associations, which play important role in its development. At last we can say that the greatest contribution of this theory is that it gave state a human face, and checked it from being a threat to the liberty The problem of the good govt. is largely the problem of the proper relation between the legal and political sovereign. Though legally speaking, the legal sovereign is important and omnipotent. The political sovereign manifests itself through voting, the press, speeches and all the means of communication. It however, can only become effective when organized. The organization of political sovereignty necessarily results in the creation of legal sovereignty the two are aspects of the sovereignty of the state. They constantly react to each other. In the end one must quote the definition given by AV. Dicey "Behind the legal sovereign, there is a political sovereign before whom the legal sovereign must bow." Important Questions:- Q. 1. Define Liberalism. Explain the main tenets of Liberalism. Q. 2. What do you understand by Negative and Positive concept of Liberalism? Who are

the Major exponents of the Positive and Negative concepts of Liberalism? Discuss their Views.

Q. 3. Discuss the major types of Socialism prevalent in various parts of the world.

Q. 4. What is Marxism? Discuss the Marxist Theory of Historical Determinism, Dialectical

Materialism and the Concept of Surplus Value in detail. Q. 5. Explain the concept of Class Struggle in Marxist Theory. Q. 6. What do you understand by the term Utilitarianism? Who are the major exponents

of this theory? Discuss their views. Q. 7. What are the major tenets of Gandhism? Explain in detail. Q. 8. What do you understand by the term Sarvodaya? Explain in detail. Q. 9. What is Sovereignty? What are the major characteristics of Sovereignty? Q. 10. Discuss the concept of Political and Legal Sovereignty? What is the relation

between them? Q. 11. Discuss Austin’s Theory of Sovereignty? What are its merit and demerits? Q. 12. What do you understand by Socialism? Give arguments for and against Socialism. Q. 13. What do you understand by Liberalism? Trace the Origin and Development of the

concept of Liberalism. Q. 14. What is Socialism? What are the essentials of Socialism? Distinguish between

Socialism. And Capitalism? Q. 15. Is there any such things as Gandhism? What are the essentials Gandhism? Explain. Q. 16. Is Sovereignty the most important element the modem state? Discuss.

Q.17. Which type of society is approved by Marx?

Q.18. Write an essay on Gandhism.

Q.19. Critically examine the Austin’s theory of Sovereignty.

UNIT – III- POWER, AUTHORITY AND LEGITIMACY-ITS RELATIONSHIPS POWER

It is with power in society that political science is primarily concerned-its nature, basis, processes, scope and results. R.M. MacIver has aptly defines power "as the capacity in my relationship to command the service or compliance with others." Lass well and Kaplan in their book "Power and Society" defined political science as the study of shaping and sharing of power. Elucidating the scope of the study of politics, Curtis continues "the study of politics is concerned with the description and analysis of the manner in which the power is obtained, exercised and controlled the purposes for which it is used, the manner in which decisions are made, factors which influenced the making of those decisions and the context in which those decisions are made. Robert Dahl defines power as a kind of influence; it is exercised when compliance is attained by creating the prospect of severe sanctions for non-compliance. All these definitions give prominence to that aspect of power which is exercised by a men or a group over an unwilling lot. They are therefore one-sided. Power to be effective and stable often takes the character of authority which also comprehends legitimacy i.e. the capacity to secure a wiling compliance. The power approach identified the groups and classes which actually wield power. It is therefore essential to discover the real sources and centers of power to understand politics. According to Alan Ball "the concept of political power is a key concept in the study of politics for if politics is the resolution of conflicts the distribution of power within a political community determines how the conflict is resolved and whether the resolution is to be effectively observed by all parties.” 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 of 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.

7. There is no solid form of power, which means it can neither be seen, nor touched but only felt. It is only idea and concept which is abstract.

8. Power has a significant role in politics. It is very often said to be greasing element for the body of politics. It is such a magnet which provides stability and association to the politics.

9. There are two aspects of power- one, actual, and the other, potential. Both aspects, i.e., actual and potential are of a person as well as of a community. Actual power is that which is practically and really exercised by a person or community, but potential power means that power which can be exercised by person or community although the same may not be exercised in reality.

According to Lass well and Kaplan, “Power is an interpersonal relationship. They depend upon and continue only so long as there are continuing streams of empowering responses.” In fact, if we relation whit other individual or of a nation without establishing relations with other individuals and nations without affecting their behavior, it may affect the external activities.

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. 4. Force

Knowledge

Force

WealthAuthority

Status

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Skill

Love and Humanity

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 help 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 himself 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 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 As beastly or physical power. 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

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.

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

POWER

takes shape with the help of political, economic, military, cultural and psychological powers.

Difference between Power and Force

As said earlier, power is the ability which an individual or a group of individuals commands to make decisions, which affect the behavior of men and women. As regards the force, it is one if the instruments or means of enforcing decisions. Clarifying force and the distinction between the force and power, Robert Biersted writes- “Force is manifest power. Force means the reduction or limitation or closure of even total elimination of alternatives to the social action of one person or a group by another person or group.” The difference between the two can be vividly explained with the help of an example. If a man surrenders his money to a dacoit in order to save his life, the dacoit has achieved his purpose simply by a threat of force without exercising it. But if the dacoit utilizes actual force with the objective or snatching his money and other valuable belongings, he has used force. Thus, it is amply clear that the actual manifestation of power is force, and force is power in action or force is power exercised.

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. “German thinker Erich Kaufman is of the opinion, “The essence of state is manifestation (development, increase and display) of power.” In short, power is inevitable for organization, law, structure and good system, which inspired Becker to say that politics cannot be separated from power. This is the reason that the concept of power has become a Ominent and essential branch of political science and it is next to impossible to even imagine of any social system without it.

Political Influence

Political influence needs to be distinguished from political authority. While political authority is the formal-legal right of the government to make and enforce official decisions on public policy, political influence is the ability of private individuals and groups to impact on the government's making and implementation of official policy decisions. Political influence is the ability of private individuals and groups to influence, condition, shape, and thereby control the authoritative decisions and actions of those who possess the formal-legal authority to take these decisions and actions.

The individuals and groups exercising political influence do not hold the relevant government offices and therefore do not possess the formal-legal authority to make the official governmental decisions they seek to shape and control; but they do have and exercise the ability to shape and control the decision-making behavior of those officeholders in the government who do possess the formal-legal authority to make the relevant decisions on public policy. Such individuals and groups exercise significant influence over particular policy decisions made by particular government offices and institutions. These individuals and groups have acquired and are exercising that form of political power called "political influence." A private individual or organization possesses and exercises political influence to the extent that its interests and demands have to be taken into account by the government--or an office or institution of the government--when making and carrying out decisions on public policy. Political influence, in short, is the form of political power exercised by those who do not possess the formal-legal authority to make and enforce particular governmental decisions on public policy, but have and utilize the ability to condition, modify, and control the official decision-making behavior of those in government office who do possess the authority to make and implement the decisions.

AUTHORITY Authority is power which occurs to a person by virtue of his role and position he enjoys in an organized social structure. Authority in a political system refers to a power which is legal, lawful and socially accepted. It is a power backed by law and common consent. Legitimate power and influence is generally called authority. Power is an instrument of coercion and has a physical effect. Authority could as well be based on consent and yet be more effective. It is the reasonableness of authority that makes us obey authority. The most-well known distinction in the concept of authority was made by a German sociologist, Max Weber. He advanced a distinction of authority into three types –

Types Traditional Authority

Rational - Legal authority Charismatic authority

1) 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.

(1) 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.

(2) 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:

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.

Based on Reason

Feeling of Responsibility

Not Formal Power Legitimacy

Dominance

Acceptance

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.

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 is 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. Difference between Power and Authority

The difference between them is quite evident, which can be minutely analyzed as under-mentioned-

1. Power is the essence of politics, whereas legitimacy is the basis of authority.

2. Coercion is the illegitimate exercise of power while authority is the legitimate exercise of power.

3. Power is the brutal exercise of force, but authority is the institutional exercise of power.

4. Power is persuasive, but authority is imperative.

5. Authority is obeyed on the basis of acceptance of subordinates, but power is followed due to fear and helplessness.

6. Power and authority both are independent. Seniors possess authority, but in subordinates real power is vested.

7. Power is a means, while authority has become merely a medium.

8. Authority is in a legal, but it is not essential for power to be legal. Where the power is provided the form of law, it becomes authority.

9. The form of power is indefinite but of authority is definite. It is often not clear that from where the power is being used, but as regards authority it is always clear that from where it is being used.

1o. Authority is a latent power and in the context of state it takes the form of legal power. Authority is definite and authorized, but power may be even unauthorized.

LEGITIMACY Legitimacy can be defined according to Blondel, "as the extent to which the population accepts naturally, without questioning the organization to which it belongs." Legitimacy means the belief of the people that the existing political institutions are the most appropriate for the society. The people must regard the existing political institutions as sacred and worthy of respect. The people will do so if they are satisfied about the performance capacity of the political system. Thus, legitimacy means authoritative title to rule accepted by the people. It is legitimacy which determines the attitude of the people towards authority. Legitimacy is different from power and authority. Power refers to the use of resources for achieving public goals while legitimacy refers to moral beliefs which validate the authority to use those resources. If authority is the moral right to rule, legitimacy is the acceptance by the community of their right to rule. The credibility of a system widens its area. Credibility depends upon capacity and effectiveness. As such, a sense of legitimacy is probably the single-most effective device for regulating the flow of support in favor of both the authorities and regimes. The most stable support is derived from the conviction on the part of the members that it is right and proper for them to accept

and obey the authorities and to abide by the requirements of the regime. The· basic characteristic of legitimacy is efficiency, effectiveness and moderate conflict. In most political systems, it is through legitimacy, that the attitude of supports For authorities are grown in people. One main source of legitimacy is therefore the continuity of important traditional institutions which serve to unify the society. In this respect also Weber is concerned with the nature of authority held by the rulers. He restricts his attention to the systems in which the govt. is accepted as legitimate. He suggests that the leaders of a political system may claim legitimacy for their rule and the members may accept their claim on three grounds - (1) Traditional, (2) Charismatic, (3) Rational-legal. The strict adherence to the law without further questioning has in itself a certain dignity and ensures that the job expounding and applying the law is done exceedingly well and with devotion in our civilizing world. It defense of legality is itself an indication of the acceptance of a value which also provides the ultimate justification of the state. Popular govt. based on democratic principles necessarily requires legitimacy more than the dictatorial Govt. that holds complete monopoly of power. For in a democracy power is in the hands of the people. Elections are primarily a means of legitimizing the rights of the political leaders to govern. In democracy policies that lack authority cannot be generally enforced by force. Robert Dahl observes in his "Modem Political Analysis" Leaders in a, political system try to endow their actions with legitimacy. When the influence of the leaders is clothed with legitimacy, it is usually referred to as authority. Authority than is a special kind of influence, legitimate influence. Thus in a political system, political leaders try to convert their influence into authority. The means of conversion is open and competitive, especially in a democratic system. Authority is a highly efficient form of the influence. It is more reliable and durable and enables the ruler to govern with a minimum of political resources. It would probably be impossible and more costly to rely simply on rewards for obedience. When a subordinate regards the orders and assignments he receives as morally binding; only a relatively small expenditure of resources in the form of salaries and wages is necessary to ensure satisfactory performance. 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.

1. Dynamic Concept

Legitimacy keeps on changing itself according to times, circumstances and political environment. During medieval period, legitimation had been accepted as a feeling against unauthorized occupancy, but in present times this concept has gone under change.

2. Legitimacy based on social sanction

The legitimacy of any system in based on the broad and comprehensive social sanction instead of the sanction of individuals.

3. Need of Additional Internal Organization

Additional internal organization is very essential for the legitimacy. If the government encroaches the limits of internal organization, it loses its legitimacy.

LEGITIMACY CRISIS The tension in the development process produces crisis in the building of nation and state. One such crisis is the legitimacy crisis of the established authority in the developing nations of the third world. In many Afro- Asian countries popular participation has preceded the legitimization of public institutions or the penetration of the governmental systems into society. This has produced a legitimacy crisis because in these countries old forms of authority has lost their basis. The acknowledgement of legitimacy resides with the people and it is only likely to be given when that in authority seems to appreciate the principles of equality. This possibility points to the fact that the legitimacy crisis is linked to the stresses between equality and capacity of the system. Legitimacy crisis is the breakdown of the constitutional structure and performance of the govt. that arises out if the differences over the proper nature of authority for the system.

LIBERTY MEANING 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. 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

LIBERITY

CIVIL LIBERTY

ECONOMIC LIBERTY

POLIITCAL LIBERTY

NATIONAL LIBERTY

belief and practical freedom of the play of will and the exercise of choice in the general field of contractual actions and relations with other persons.

2. POLIITCAL 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 might will 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.

EQUALITY Equality is an important theme of normative political theory, which also is an important ideal of democracy. This lesson examines and explains the different senses in which the

concept of equality is used. The lesson also examines the relationship that exists between liberty and equality. Further it examines the measures by which equality is achieved. DEFINITION OF EQUALITY Equality means, that whatever conditions are guaranteed to us, in the form of rights, shall also in the same measure be guaranteed to others, and that whatever rights are given to others shall also be given to us. Equality like liberty is an important theme of democracy. Liberty and equality were understood to be one. Both the terms were considered to be of great importance since 19th century. Broadly speaking, equality implies a coherence of ideas that cover spheres ranging from man’s search for the development of his personality in the society in which the strong and the weak live together, and both have the right of being heard. Theory of Equality Men are equal on their broad relationship in society. It is true that no government can equate dwarf to a tall man, and a stout to a lean man, but social institutions can extend to each individual, the status and the dignity of a human being, Viewed thus, the idea of equality has two side – positive and negative- that may be discussed as under- 1. Positive aspect of Equality In a positive sense, equality means the provision of

adequate opportunities to all, without any discrimination on the basis of birth, wealth, caste, colour, creed etc. Nobody should be debarred form certain facility just because of his status, caste, sex and creed.

2. Negative aspect of equality - It denotes that, in its negative aspect, equality implies the absence of special privileges. There should be no artificial grounds of discrimination like those of religion, caste, colour, wealth, sex, etc, so that no talent should suffer from frustration for want of encouragement.

KINDS OF EQUALITY – There are different kinds of equality. They are, Kinds

1. Natural Equality

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.

2. 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.

3. 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.

4. 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.

Natural Equality

Civil Equality

Political Equality

Social Equality

Economic Equality

5. 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 true of nations and states. There cannot be different treatment between states and between peoples.

LIBERTY AND EQUALITY Barker maintained that the principle of liberty was a basic principle of politics and that the principle of equality was a subsidiary one. What he tried to establish was that equality should be interpreted as the principle of equality of worth of each individual, that it should be applied in order to allow the full development of the personality of the individual, not to bring about the uniformity which would necessarily divert and defeat the spontaneous development of all the varieties of human personality. Alexis de Tocqueville in his 'Democracy in America' observed that the principle of equality was the ruling principle of modern history. Equality encouraged the individual's subservience to public opinion and the extension and the centralization of the state power. This led to the 'tyranny of majority'. primacy of public opinion demanded conformity to generally held attitudes and standards; it led to believe that a dissenting position must be a wrong one. Lord Acton similarly argued that liberty was endangered by the rival doctrine of equality with its tendency to erode independent centers of power and to promote the authority of the state. Thus, both of them are deeply concerned with the anti-thesis between liberty and equality. They sought to resolve this dilemma through decentralization of power. Tocqueville saw free political parties and free press as suitable instruments for safeguarding individual liberty. It is significant that in legal and political sphere reconciliation between the principles of liberty and equality is not at all difficult. But their relation in the socio-economic field is certainly more complicated. Even legal and political equality may be rendered ineffective due to socio-economic inequality. Thus so long as we don't step into the thorny field of socioeconomic equality, liberty and equality can go together very well. MEANING OF LAW In the most widely understood sense, the term ‘law’ refers to a body of rules enforced by the courts. There are as many social laws and physical sciences laws, which are connected with the behavior of man in a society. Students of political science are not concerned with physical laws or social laws but with political laws or positive laws. These positive laws command the individuals to do certain things and not to do certain things. If this is violated, it will be punishable. Thus, the concerns of political or positive laws are control and regulation, as said earlier. The study of law is called jurisprudence. DEFINITIONS OF LAW Mac.Iver -“Without law, there is no order, and without order men are lost, not knowing where they go, not knowing what they do”. Sidgwick “Law is the system of rights and obligations which the state enforces” – 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” SOURCES 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, SOURCES OF LAW Legislature Judicial Decisions Scientific Commentaries Equity

Custom or Usages Religion 1. 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.

2. 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 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.

3. Scientific Commentaries

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.

4. 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.

5. 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.

6. 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.

KINDS OF LAW Given below is a classification of law by Mac Iver. The Meaning of the above types of law is as follows. Kinds

Public Law Positive Law International Law Ordinary Law National Law Constitutional Law Natural law Rule of law 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 fear 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 status 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.” Wheaton defines international law as “the body of rules which by custom or treaty civilized states regard as binding upon themselves in their relations with one another, and whose violation gives the injured party a legal right to stress.” It is generally accepted that, international law is merely a positive morality. Natural law or positive morality is that, the conventional law arising by the voluntary agreement among states. 46 The only means by which these rules can be enforced are self – help and intervention on the part of other states, which sympathies with the wronged one. These may not always be effective for the vindication of international law, but it is the task of statesmanship to enlist might on the side of right and thus achieves the triumph of international justice. 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

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 almost all 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. LIBERTY AND LAW It is sometimes felt that law and liberty are opposed to each other. It is said that laws placed unnecessary restrictions on the freedom of the individual. According to the individualist thinkers, state is an evil because it does not allow individual to enjoy freedom. According to 1.S. Mill, the state should perform minimum possible functions so that the liberty of the individual can be secured. The Marxists are of the opinion that the state is an institution of the rich. They are in favor of the abolition of the state. There are two different views about the relation of the law and liberty. One view is that law hinders liberty. This view is that real liberty can be possible when there is no interference of the state and law in the individual freedom. The other view is that law is actually the creator of liberty. But all laws don't create liberty. Still it is a fact that reasonable restrictions provided by law ensure enjoyment of liberty by maximum number of people. The law does not restrain freedom. But what it restricts is unlimited freedom or license. The correct view is somewhere

between these extreme options. The main purpose of the state Is the protection of that freedom which does not harm other citizens. In this sense laws secure conditions of liberty in 3 important ways: 1. Laws such as imposing ban on murders or theft actually safeguard liberty of the individuals by restraining people from committing crimes.

2. Ina positives way the law insisting on maximum hours of work in the factory, or insisting on the children being sent to schools or ensuring old-age pensions help the people in the enjoyment of liberty.

3. The provision of a number of fundamental rights in the constitution is a guarantee against possible violation of individual liberty by the govt.

4. Thus laws and state sovereignty are not hindrance to liberty. They curtail arbitrary action. They don't permit license. They promote and protect liberty.

IMPORTANT QUESTIONS: Q. l. Explain the concept of Power Authority and Legitimacy. How are they inter-linked? Q. 2. What is Authority? What are the different types of Authority? Q. 3. What is Liberty? Explain the different kinds of Liberty. Q. 4.What do you understand by the term Liberty? What is the relation between Liberty

and Equality? Q. 5. How is Liberty and Law is Inter-related? Q. 6. What is the difference between Authority and Power? Q. 7. Explain the Concept of Power. Discuss various sources of power.

Q.8. Define Equality. Discuss the relation of equality and liberty.

Q.9. Discuss the relation between equality and liberty.

Q.10. Discus s the concept of ‘Power’ in politics and distinguish it from ‘Influence’

Q.11. Discuss the various forms of freedom and its necessity in democracy.

UNIT-IV Democracy, Dictatorship, Unitary and Federal System, Parliamentary and Presidential form of Government Democracy MEANING

Democracy is not a mere form of the govt. It is a type of a state as well as order in the society. J.S. Lowell says that, "democracy is only an experiment in the govt." Lincoln defines it as the "govt. of the people, by the people and for the people." Seeley describes it as the govt. "in which everyone has a share". Dicey defines it as a form of govt. in which the "governing body is a comparatively large fraction of the entire nation." Even Lord Bryce in his monumental work "Modem Democracies" treats it only as a form of the govt. As Hearn haw remarks the democracy "as a form of a state is merely a mode of appointing, controlling and dismissing a govt." A democratic society is one in which a spirit of equality and a fraternity prevails. Such a society does not necessarily imply a democratic state and a democratic govt. However, no society can be called democratic if it uses democratic methods in some fields and autocratic in some others. In the last analysis, it means that every man has a value. Govt. does not exist for its own sake but for the enrichment of the personality of the individual. Democracy in its narrow sense means the rule by many. Thus it is a concrete attempt at the reconciliation of the apparently contradictory principle of the liberty, equality and fraternity. The pillars of democracy 1. Sovereignty of the people.

2. Government based upon consent of the government.

3. Majority rule. 4. Minority rights. 5. Guarantee of basic human rights.

6. Free and fair elections.

7. Equality before the law.

8. Due process of law.

9. Constitutional limits on government.

10. Social, economic, and political pluralism. Democracies fall into two categories-

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 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.

Direct Democracy Indirect Democracy

ConstitutionalDemocracy

Prerequisites ofDemocracy

1. PREREQUISITES OF DEMOCRACY With an upsurge in the number of democracies holding free and fair elections and declaring themselves democratic states, some theorists have developed a set of minimum requirements. Elections on 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.

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.

CLASSICAL CONCEPT OF DEMOCRACY The concept was articulated by Plato, Aristotle, James Bryce and A.V. Dicey. Dicey treated democracy as a form of govt. under which majority opinion determines legislation. The test of the democratic govt. is the welfare of the people. Democracy stimulates men to self-education because participation by the people in the govt. activities tends to broaden his interests. He has enumerated six evils of democracy: 1. The power of money.

2. The tendency to allow politics to become a trade, entered for gain and not for service.

5. Extravagance. 4. The failure to evaluate properly the skilled man and to abuse the doctrine of equality. 5. Party-politics 6. The tendency of the politicians to play for votes.

Democracy has two powerful weapons to fight against these evils: 1. Law and, 2. Opinion.

Hence, the future of the democracy depends upon the development of the human wisdom.

CONCEPT OF LIBERAL DEMOCRACY Democracy is an old concept. Liberalism is a recent one. Liberal democracy is an attempt to resolve the conflicting claims of the capitalists and the masses by making gradual concessions under the garb of the "welfare state". PRINCIPLES OF A LIBERAL DEMOCRACY 1. It is a govt. by discussion.

2. Majority rule.

3. Recognition of minority rights.

4. Constitutional Govt. There are five major characteristics of liberal democracy 1. More than one political party freely competing for political power.

2. Political offices not confined to any privileged classes.

3. Periodic elections based on Universal Adult Franchise.

4. Protection of civil liberties.

5. Independence of judiciary. HINDRANCES TO LIBERAL DEMOCRACY In developing countries like India, democracy suffers from several inner distortions. Vested interests may give rise to feudal political culture among the people so as to reduce them to the level of submissive voters. Again the positions of political power may remain the sole preserve of the tiny class. Then the press might be owned by the big business houses who may use it to mould the public opinion. Also, the freedom of expression might become redundant because of vast illiteracy, mass ignorance, superstitions, poverty and general apathy of the people. It is also possible that the judges might uphold the values of bourgeoisie society and thus dispense a distorted form of justice. In a nutshell, the mere structure of a liberal democracy is no guarantee of the essence of democracy. The real test is "how far the opportunities of the self-development extend to the masses." CONDITIONS FOR SUCCESSFUL WORKING OF DEMOCRACY

1. National sentiment or sense of belonging to a single nation.

2. Spirit of Toleration.

3. High Moral Character.

4. Widespread Education.

5. Economic Security and Equality.

CONTEMPORARY THEORIES OF DEMOCRACY THE ELITIST THEORIES 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) T he 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 affects 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. THE PLURALIST THEORY The gist of pluralist theory may be given as follows: The policy making process however centralized it may appear in form is in reality a highly decentralized process of bargaining among relatively autonomous groups. It is an outcome of the interactions of all groups who make claims upon or express interests in the particular issue. The extent to which different groups will get their way is a function of the strength of the groups and the intensity of their participation. Policy making is actually done neither by the representatives of a coherent majority nor by an unresponsive elite but a product of interactions among the groups. The pluralist theory is more optimist than elitist theory because they repudiate the authoritarian basis of policy making in a democracy. But in any case these theories arrive at conclusions which are far removed from the essence of the democracy.

MARXIST AND RADICAL THEORY OF DEMORCACY

According to the Marxists, real democracy can't be achieved unless the economic system itself is transformed to serve the interests of the people. Thus liberal democracy in Marxist view is incapable of averting class exploitation. The proletarian society is more democratic than the bourgeoisie state. As Henri Lefebvre in his "Sociology of Marx" has elucidated "The dictatorship of the proletariat means concrete democracy i.e. the power of majority over minority." Dictatorship of the proletariat is required to exist so long as classes exist. But it will function in such a way that all men will be converted into workers thereby abolishing the divisions in a society into antagonistic classes. Both Marxists and elitists agree that so long as society is divided into 'ruling' and 'ruled' classes, real political equality cant be secured through a democratic form of govt. However, they differ regarding the nature of the social division and the scope of social change.

DICTATORSHIP MEANING The dictatorial state is the very negation of the liberal democratic state. The dictatorial state claims jurisdiction over the whole of man's life. The state is infallible and omnipotent. It is absolute. In the words of Mussolini, "All within the state; nothing outside the state; none against the state." It is a divine institution and ought to be worshipped. The individual is to attain significance only by his service to the state. Only through such a service the individual is to find complete self-fulfillment. (1) The totalitarian state is the negation of reason. It is the negation of individual liberty. The theory of the state developed on anti-intellectual lines. (2) It is dictatorial in character. It is arbitrary and even ruthless. It believes in direct action.

(3) It tolerates no political opposition, no liberty of thought, speech and writing. The freedom to form associations is unknown. The education is under state control. The leading intellectuals were killed, imprisoned or exiled. According to totalitarianism, ideas are more dangerous than actions. (4) It glorifies the nation and strengthens the idea of the state as a power system. It revives narrow nationalism, chauvinism and aggressive warfare. It does not believe in international peace. (5) It is a rival of religion. The appeal was made to the baser passions of men, with the result that the masses obeyed the behests of the state in a blind and mechanical manner. FASCISM IN ITALY The term 'fascism' is derived from the word 'fascio' which means a bundle of rods, symbolizing discipline, unity and strength. Mussolini successfully performed the fascist coup detach on October 28, 1922. For fascism, society is the end, individuals the means and its whole life consists in using individuals as instruments for its ends.

The following are the major fascist ideas: 1. The myth of race;

2. The idea of elite and the leader;

3. The totalitarian state; 4. Nationalism;

5. Socialism;

6. Militarism;

7. Economics; and

8. The concept of morality and might in international affairs. NAZISM IN GERMANY The Nazi movement in 1920 came to be known as the National Socialist Workers Party and later on as National Socialist Party. lit had announced its socialist program, the main features of which were the abolition of unearned incomes, the confiscation of war profits, nationalization of trusts, expropriation of land etc. During the period which the Hitler spends in jail, Hitler wrote his "Mein Kamp', commonly known as the Bible of Nazism. The military marches, uniforms, party symbols and fist fights with the police, all these appealed to the romantic and fighting instinct of the German youth. The individual happiness consists in obeying the orders of the state. He should forget the freedom of choice or private initiative. FEATURES OF NAZISM 1. Nazism exalts the leader. 2. It is intensely racialist. 3. Intense devotion to German paganism in religion and that the German woman is Valuable only as a breeder of pure Nordic children and preserver of the Nordic race. 4. It is opposed to socialism and Marxism. 5. It is hostile to peace. It believes in militarism and war. 6. Nazism renounces the concept of law, natural right and morality. 1. It believes in the tradition of reverence for the leader.

CONCLUSION The term "dictatorship" means all-embracing or comprehensive. The main gestures of a totalitarian regime can be summarized as: 1. The leader;

2. The subjugation of the legal order;

3. Control over private morality;

4. Continuous mobilization;

5. And legitimacy based on mass support. Dictatorship in modem times has taken many forms. It can be a military rule or police state. It can be a rule of one party. As such, the concept of dictatorship, in modem times has become elusive, hard to define. But one should always keep in mind that "there are stages in the history of nations, perhaps of every nation, when the fanaticism, the arrogance, the ruthlessness, the ambition of one individual can plunge millions of men and women into madness, suffering, fear and destruction." Fascism, besides its retrograde class character, symbolizes a sick mental and political attitude. It fosters antihuman and anti-progressive forces. It seeks to curb liberty and equality and to distort justice. In short, it is a philosophy of the "lunatic fringe", champions of terror and violence who advocate superiority of one race, sect, region and religion, language or culture, relegating the rest of mankind to slavery. UNITARY AND FEDERAL SYSTEM Govt. may be classified into "federal" and "unitary" types in terms of the method by which the powers of the govt. are distributed between the govt. of the whole country and any local govt. which exercise authority over parts of the country. UNITARY GOVT. MEANING It is that form of govt. in which all the powers are conferred upon the Central govt. by the constitution. There is no constitutional division of powers under such a govt. It has been set up in many countries like England, France, Denmark, Belgium, Holland, Spain, Norway, Sweden, Italy etc. 1. Finer - The unitary state is one in which all authority and powers are lodged in a single centre, whose will and agents are legally omnipotent over the whole area.

2. C.F. Strong - A unitary state is one in organized under single central govt.

4. Dicey - Unitary government is the habitual exercise of supreme legislative authority by one central power. MERITS OF UNITARY GOVT 1. Single citizenship.

2. Efficient administration.

3. Strong govt.

4. Administrative uniformity.

5. Less expensive.

6. Most suited to the small countries.

7. More flexible.

8. Follow a vigorous home and foreign policy. 9. Prompt decisions. DEMERITS OF UNITARY GOVT (l) More influence of govt. officials. (2) Not suitable for the big states. (3) Apprehensions of the central govt. becoming despotic. (4) The central govt. becomes overburdened with work. (5) Lack of local autonomy. (6) The people do not get much political education.

FEDERAL GOVT. MEANING A federal govt. is a system of govt. in which powers are divided and distributed between the central govt. and govts. Of political divisions. Both sets of govt.

exercise powers granted to them by the constitution and are within a sphere, coordinate and independent. It means equality of status between the two sets of govt. It reconciles national unity 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. (l) Dicey - "A federal state is nothing but a political contrivance intended to reconcile national unity with maintenance of state rights." (2) 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 feelings44

ESSENTIAL FEATURES OF FEDERATION Supremacy and Independence of Rigid Constitution Supremacy of Constitution the Judiciary Bicameral Legislature Division of Powers Written Constitution Independent Judiciary 1. Written Constitution

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.

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.

7. 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.

Difference between Federal and Unitary form of government Federal Unitary

1. Powers are distributed between the central and state government. All powers are concentrated in one central authority.

2. There is an independent judiciary to resolve conflicts between the center and the state. There is no such mechanism in unitary government.

3. In this government citizens have to obey two sets of laws. In this government unitary system of law prevails.

4. In a federal government the constitution is the outcome of an agreement and it can only

be amended by a special procedure. In a unitary form of government the constitution is not the outcome of an agreement and can be changed by its own supreme authority.

5. In a federal form of government there are separate legislatures at the central and state levels.

6. A unitary government has a supreme central legislature. 7. There is a fear of separation in federal government. There is a promotion of national

integration. 8. There is no stability in this type of government. Government is stable. 9. There constitution is rigid because there is no room for amendment. There constitution is

flexible.

10. Their territory is united in diversity. Their territory is not diverse.

11. This government is democratic. This government is non-democratic in nature.

12. There is political awareness in this government. There is no political awareness.

PARLIAMENTARY AND PRESIDENTIAL GOVT On the basis of relationship between the executive and the legislature, democratic govt. may be classified into two types: Presidential and Parliamentary. Parliamentary form of Government

Is the system of government in which there exists an intimate and harmonious relationship between the executive and the legislative departments, and the stability and efficacy of the executive department depend on the legislature. Although the parliamentary government is broadly defined in the above way, in such a system the supremacy of the legislature has now been replaced by the supremacy of the Cabinet. Hence, such form of government is also called Cabinet Government. In a Parliamentary form of government, the head of the state is usually a different person than the head of the government. A Monarch or a President is usually the head of the state. However, he or she is the head of state, but not the head of government. The functions of the head of the state is chiefly formal or ceremonial. The council of ministers or the cabinet exercises the real executive powers and authority to run the Government. In many countries, the Prime Minister is the head of the council of ministers. The Parliamentary or the Cabinet system originated in England. This form of government exists in countries like Britain, India and Canada. This Parliamentary form of government is also called Responsible government.

Features The features of Parliamentary form of Government has been discussed below-

1. Existence of a Titular or Constitutional Ruler

The first characteristic feature of the parliamentary system is the existence of a Titular of Constitutional Ruler. Legally the administration of all the affairs of the state is conducted by the head of the state. In reality, however, the administration is carried by the Council of Ministers. The Monarch or the President, as the case may be, is the head of the state, but not the head of the government.

2. Absence of Separation of Powers

In the parliamentary system the principle of separation of powers is not adopted. Here the three departments of government work in close, intimate contact, sharing some of the powers and functions of one another.

Main Role of the Lower House in Ministry-formation

In the parliamentary government the lower house of the legislature, i.e., the popular chamber plays a vital role in the formation of the ministry. The leader of the party or alliance which wins the majority in this house is appointed the Prime Minister or Chancellor. The constitutional ruler appoints the other members of the ministry on his advice. 1. Responsibility to the Legislature

In such a system the Cabinet or Ministry has to remain responsible to the legislature for all its activities and policies. In countries having bi-cameral legislatures, the Cabinet remains responsible to the lower house composed of the people’s representatives.

2. Collective Responsibility

The ministerial responsibility to the legislature may again be of two kinds:

1. Individual responsibility, 2. Collective responsibility. Individual responsibility means that the minister in charge of a department must be answerable for the activities of his department. But when the ministers remain jointly or collectively responsible to the legislature for the policies and activities of the government, it is called ‘collective responsibility’. Since no individual minister can unilaterally perform any business of government without the consent of the Cabinet, the entire Ministry or Cabinet has to remain accountable for the errors of the minister concerned. 1. Intimate relationship between the Legislature and the Executive In the parliamentary system an intimate relationship exists between the executive and the legislative departments. So they can easily control each other. The leaders of the majority party or alliance in the legislature become the members of the Cabinet or Ministry. Naturally, the ministers can easily extend their influence on the legislature. Consequently, the programs and policies of the Cabinet are backed by a majority inside the legislature.

2. Leadership of the Prime Minister

The leadership of the Prime Minister is another major feature of the parliamentary system. The leader of the majority party in the legislature becomes the Prime Minister. Though, in theory, he is ‘primus inter pares’, i.e. ‘first among equals’, in reality, he possesses much greater power and status than the other ministers. As the undisputed leader of the majority party or alliance in the legislature he plays the most vital role in the determination and execution of government policies. Indeed, the success of parliamentary democracy depends, to a great extent, on the personality, efficiency and charisma of the Prime Minister. 3. Existence of a Strong Opposition

The existence of one or more strong and well-organized opposition party or parties is the hall-mark of the parliamentary system. By criticizing the errors of the government, the opposition can compel it to adopt welfare measures and prevent it from becoming despotic. Judged from this angle, the opposition can be called the life-force of parliamentary democracy.

2. Political Homogeneity

Usually members of the council of ministers belong to the same political party, and hence they share the same political ideology. In case of coalition government, the ministers are bound by the consensus. 2. Secrecy

The ministers operate on the principle of secrecy of procedure and cannot divulge information about their proceedings, policies and decisions. They take the oath of secrecy before entering their office. The oath of secrecy to the ministers is administered by the President.

MERITS OF THE PARLIAMENTARY GOVT 1. Harmony between Legislature and Executive Parliamentary system ensures harmonious relationship and cooperation between the legislative and executive organs of the government. The executive is a part of the legislature and both are 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. DEMERITS OF THE PARLIAMENTARY GOVT 1. Unstable Government

The parliamentary system does not provide a stable government. There is no guarantee that a government can survive its tenure. The ministers depend on the mercy of the majority legislators for their continuity and survival in office. A no-confidence motion or political defection or evils of multiparty coalition can make the government unstable. The Government headed by Morarji 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. PRESIDENTIAL FORM OF GOVT It is that govt. in which there is one president, who is the chief executive head. He exercises all the executive powers himself. He runs the administration with the help of secretaries who are responsible to him alone. There is separation of powers between the legislatures and the executive. According to Dr. Garner, “Presidential Government is that system in which the executive (including both the Head of the State and his ministers) is constitutionally independent of the legislature in respect to the duration of his or their tenure and irresponsible to it for his or 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”. FEATURES OF PRESIDENTIAL GOVT (1) Executive is not the member of the legislature. (2) Executive is not responsible to the legislature. (3) No collective responsibility. (4) Fixed tenure of the executive. (5) Based on the theory of separation of powers. (6) One executive head. (7) President is the boss of his cabinet. (8) Political homogeneity is not essential.

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 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. 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. 3. 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. Difference between Parliamentary and Presidential Government

1. In a parliamentary government, the two main leaders, a head of state and a head of government, are not the same, but in a presidential government one person holds both powerful positions.

2. In a parliamentary government, the head of government is a prime minister whereas in a presidential government it is a president. 3. The prime minister is a member of the parliament who is elected upon by fellow congress members while a president is not always considered a member of the parliament. 3. In a parliamentary government, the head of state is usually someone from the royal bloodline; a king, a queen, a prince or a princess. 4. In a parliamentary government, the parliament is inferior to the legislature of the country while the situation may be different in a presidential government. 5. A prime minister, for the actions taken by the government, is answerable to the parliament whereas a president is rather responsible to the public who cast their vote on him/her.

Important Questions: Q. l. What is Democracy? Explain the main characteristics of Democracy? Q. 2. What do you understand by the term Dictatorship? Explain its main characteristics. Q. 3. What do you understand by the Unitary Form of Government? Explain its characteristics,

merits and demerits.

Q. 4. What do you understand by the Federal Form of Government? Explain its characteristics, merits and demerits.

Q. 5. Define Parliamentary Form of Government. Explain its characteristics, merits and demerits. Q. 6. What do you understand by Presidential Form of Government? State the characteristics,

merits and demerits of the Presidential Form of Government.

Q. 7. What are the main points of difference between the Presidential Form of Government and the Parliamentary Form of Government?

Q. 8. State the main points of difference between the Unitary and Federal Form of Government. Q. 9. What are the essential conditions for the successful' working of the Federal Form of

Government? Q. 10. Dictatorship is no substitute for Democracy. Discus this in the light of merits of Democracy. Q. 11. What are the essential conditions for the successful working of a Democratic Government?

Are these conditions available in India? Discuss.

Q.12. Explain the term Democracy. What are the main features of the Elitist and Pluralist Theories of Democracy?

Q.13. Do you understand that there is ‘Democratic system in India’? Give logic in Support of your answer.

Q.14. Examine the features and mode of operation of the presidential form of Government.

UNIT – V Organs of Govt.: Executive, Legislature, Judiciary, The Doctrine of separation of Power, Concept of Representation, public Opinion and Political Participation. Organs of Govt.: Executive, Legislature, Judiciary Introduction: In every modem state there are three well-defined organs of the govt. In primitive and medieval state there was no distinction among these three functions. The king was the supreme law giver, the head of the executive and the fountain of justice. But as society I becomes more complex, there rose the need for the specialization of functions. The king began to delegate his power to different bodies. The tripartite division of the sovereign powers thus grew. This is however merely a means of coping with increasing business of the state. Aristotle was the first writer to note the distinctions among the three functions of the govt. He called them the deliberative, magistrative and judicial. During the commonwealth period in England, Cromwell separated the executive and the judicial functions. The theory of separation of powers emerged finally from the writings of Montesquieu. Montesquieu came to believe that concentration of authority meant tyranny, and that only under the wise distribution of powers safeguarded by checks and balances, was individual liberty possible. The theory of Montesquieu and Blackstone was adopted

and put into practice in the USA. The theory also gained recognition in France, the land of its birth. But still we do not find complete separation in any govt. of the world. It is neither desirable nor practicable to separate the three organs of the govt. altogether. If each organ of the govt. is completely independent it could thwart the act of others. Frequent deadlocks will also becomes inevitable. In England, there is no clear distinction in the jurisdiction in the legislative, executive and judiciary. The defense of the liberty is sought to be secured through organized party system and pressure of public opinion. It is not accomplished through separation of power and the elaborate system of checks and balances. Brittan has thus rejected the doctrine of the separation of powers. It has relied thus on institutional safeguards against govt. tyranny. 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 with 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.

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. 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 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.

Different kinds of executives

1. Real and Nominal Executives

In a parliamentary form of government, a definite distinction is made between the nominal and real executive. The chief executive or of the state may be hereditary monarch as the British King or Queen, or an elected President as in India, but he exercises only nominal powers. Legally he possesses all powers the constitution, but in practice he exercises none of them. His position is titular. He serves as an emblem of national unity. He may at the most use his influence. The real executive power is enjoyed by the cabinet or the Council of Ministers. The real executive and titular executive are combined in a single office of the President in a presidential form government, as in the U. S. A.

2. Single and Plural Single executive is that in which executive authority is vested in one person. The President of the USA provides the best example of this type. Council of Ministers or Cabinet in a parliamentary form of government falls under this category as it works like a team under the leadership of the Prime Minister. Where the executive authority is vested in a group of persons who share such authority it is known as plural or collective executive. The Federal Council of Switzerland consisting of seven members provides the best example of such executive. Almost all states have single executive except a few. Single and plural executives have their respective merits and demerits. Single executive is prompt, vigorous and more powerful as authority is not divided. It works untidily with singleness of purpose. It ensures complete secrecy. However, it may lead to abuse of power and corruption. The merits of plural executive are: It is a check upon the abuse of power and it thwarts the possibility of dictatorship. It may bring to the state a higher 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 form 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. Functions Legislative Diplomatic Constitutional Financial Judicial Military Administrative Public Utility 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.

4. 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.

Judiciary 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. 3. 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 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.

4. 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.

5. 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.

6. 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..

SEPARATION OF POWERS Govt. is the agency through which the will of the state is formulated, expressed and realized. The theory of separation of powers belongs to the functional aspect. It desires that the govt. should have three organs - Executive, Legislature and Judiciary-and that the powers of all of them should be separated from each other. The theory further stresses that the powers of each department should be separated from the other if the liberty of the people is to be saved from the crushing authority of the state. The functions of the govt. should be differentiated and performed by distinct organs consisting of different bodies of persons so that each department is limited to its respective sphere of activities and not be able to encroach upon the independence and jurisdiction of other. The whole idea is based on the maxim that power should be a check to power. Thus, the constitution should be so designed that no organ of the govt. be made to do things to which it is not obliged or empowered. Furthermore, the persons who compose these three agencies of govt. must be kept separate and distinct, no individual being allowed to be at the same time a member of more than one branch. In this way, each of the branches will be a check to other and no single group of people will be able to control the machinery of the state.49 Though keeping in his mind the special case of the American constitution, Prof. E.S. Corwin sum up the following propositions of the doctrine of separation of powers: (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. MONTESQUIEU'S THEORY OF SEPARATION OF POWERS The best exposition of this theory is however, contained in the work of Montesquieu. He said "When: the legislature and executive powers are united in the same person, or in the

same body of magistrates, there can be no liberty, because apprehension may arise, lest the same monarch or senate should enact tyrannical laws and execute them in a tyrannical manner. Again there is no liberty if the judiciary power be not separate from the legislature and the executive. Were it joined to the executive powers, the judge might behave with violence and oppression. There would be an end to everything, were the same man or same body ... to exercise those three powers that of enacting laws, that of executing the public resolutions and of trying the cases of the individuals." Montesquieu thus, becomes the intellectual father of the American constitution makers who vested executive powers in the president, legislative powers in the Congress and judicial powers in the Supreme Court. The separation of powers thus constitutes the hallmark of the American constitutional system. The fundamental contribution of the American founding fathers should be seen in their design of checks and balances that they invented to make the system workable. It is due to this that the 3 organs of the American govt., though separated, is connected with each other by the system of checks and balances. Though executive authority is vested in the President, it is required that all appointments made and foreign treaties concluded by him be confirmed by the Senate. In case the president is found guilty of misbehavior or violation of the constitution, he can be removed by the process of impeachment. The House of Representatives shall prepare charge sheet against the president and the senate shall decide by two-third votes. Executive orders given by the president are subject to the powers of judicial review. The President takes the oath of his office in the presence of the chief Justice. In this way the President is under the check of the senate and Supreme Court. 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. The doctrine of separation of powers from that point of view because more important today that perhaps any other time. 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.

PUBLIC OPINION MEANING The meaning of public opinion has from time to time undergone changes. In ancient Greece and India public opinion was equated with justice and dharma respectively. In the Middle Ages public opinion was equated with the will of God. Later the modem political thinker Machiavelli declared that the voice of the people was the voice of god. In contemporary Political Science public opinion is regarded as that opinion which is in the interest of the whole people and may be accepted as such by both majority and minority. According to Lord Bryce "Public opinion is the aggregate of the views man hold. Regarding matters that affect the interest of the community. Public opinion is an opinion based on reason which aims at the welfare of the whole community and not of any particular section of it. "This definition clearly underlines that public opinion is: (1) An aggregate of views; (2) Based on reason; (3) Aimed at the welfare of the whole community. But opinion of the majority may not always republic opinion, particularly if it ignores the interest of the minority. The opinion of the organized minority can also become public opinion in case it is based on wisdom, justice and public interest. Thus, we may say that people's collective opinion for common good is called public opinion. Importance of Public opinion Public opinion is a tremendous social and political force not be ignored in the modern world. All parties give greater importance to public opinion. They feel that the money invested to create public opinion is good for them and the country. Success of any government depends upon how it wins the opinion of the people. Vigilant public opinion is necessary for a successful 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. ROLE OF MASS MEDIA Cinema has been a traditional area of entertainment and learning. In a subtle way it influences public opinion. It is the most effective mass media. The electronic revolution has penetrated every part of the country, every locality and household. Radio, TV and VCR have established a wider communication channel for dissemination of news, information, views, advertisements and entertainments. The audio-visual methods, which they employ, can influence even the illiterates. In home, in office, in market and street corners the media’s presence have altered the entire pattern of communication and of social life. Electronic media plays direct and indirect part in projecting and building public opinion, by increasing the level of information, expanding awareness and making available many points of views and approaches. The Press News papers, magazines, journals etc are called print media, which today stand most powerful single agency molding, influencing and disseminating public opinion. A printed word acquires greater sanctity, appeal and legitimacy in human consciousness than a spoken word. Newspapers with their daily dissemination of news, facts and information together with editorial comments, views of analyst and experts, and leaders provide the daily diet for the formation of public opinion. ROLE OF PUBLIC OPINION IN DEMOCRACY

A democratic govt. is formed, controlled and sustained by public opinion. A democratic govt. is based is established through elections and elections are always based on public opinion Govt. cannot act in total disregard of public opinion. Thus public opinion prevents the rulers from misusing power.54 It is observed that a democratic govt. Makes laws keeping in view the people's wishes. It does not frame the any anti people policy for the fear of losing popular support. If any govt. makes a particular law which deprives the people of their rights, they resist it and force the govt. either to modify it or to withdraw it. Public opinion not only plays its role in national sphere but acts as a powerful propelling force in international affairs as well. The concepts of mutual economic cooperation and peaceful settlement of disputes and the policy of disarmament have assumed importance due to the mobilization of international public opinion. AGENCIES OF PUBLIC OPINION (1) Newspaper. (2) Radio, television and cinema. (3) Educational institutions. (4) Religion. (5) Public meetings. (6) Political Parties. (7) Voluntary Associations. (8) Elections. (9) Rumors HINDRANCES IN THE FORMULATION OF SOUND PUBLIC OPINION (l) Illiteracy. (2) Poverty. (3) Political parties organized on the basis of the religion. (4) Curb on freedom of press. (5) Restriction on freedom of speech and assembly. (6) Indifferent attitude of the citizens.

CONCLUSION Public opinion should be allowed to be formulated in accordance with the best of the democratic traditions. Thus, numerous hindrances mentioned above should be overcome. 1. People should be enlightened.

2. Public opinion can be properly formulated and expressed by those whose basic economic needs are met. Only such people can contribute in the formulation in the sound public opinion that are free from economic worries.

3. Newspapers, magazines, radio and television should be independent, objective and unbiased.

3. Political parties should be above narrow sectarian interests. They should not promote Communalism, casteisim and factionalism. Democratic govt. is based on public opinion and people's participation. A govt. that is responsive to people's wishes and is sensitive to public opinion lasts longer, serves the people better and promotes and protects interests of the nation. Sound public opinion is a guarantee of democratic govt. and nation's welfare. THETHEORIES OF REPRESENTATION INTRODUCTION Democratic govt. can be of two types - direct and indirect. Direct democracy was possible in small city states of ancient times. Even today it is being practiced in some of the very small cantons of Switzerland. Under this system the will of the state is formulated and expressed by the people themselves. In indirect democracy or representative democracy, legislatures represent people and make laws, impose taxes and control the executive on behalf of the people who elect them. Elections are therefore, essential part of modem indirect democracies where people manage their countries with the help of their representatives. When all adults, without any consideration of religion, caste, sex, income, education or place of birth, are entitled to vote in a country we call it adult suffrage.

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.

ELECTIONS DIRECT AND INDIRECT 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. 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. REPRESENTATION INSTRUCTED AND UNINSTRUCTED This classification is done on the basis of role expected of the elected representative. According to the theory of instructed representation, the members of parliament should have more or less the same position as that of the ambassadors. It believes that the MP's and MLA's must convey only the wishes of their electorates. It is almost impossible to have instructed representation in large nation states. A representative elected by lakes of people can never really know what their views on any specific issues are. The theory of uninstructed representation believes that the representative is not an ambassador or a spokesperson of the constituency. He has to represent general interest of an electorate. Voters do not expect their representative to consult them on specific issues. They are expected to pursue the policies of their parties. This theory believes that though the representatives are elected from different constituencies, they , are expected to work for the interest of the whole country. "This comparison between instructed and uninstructed representation should lead us to the conclusion that it is only an uninstructed representation that can best serve the country.

THE PROBLEM OF ADEQUATE REPRESENTATION SIMPLE MAJORITY SYSTEM The constituency may be single member, two members or multi member. Thus, only one person is to be elected from a single member constituency and three or more from multi member constituency. The simple majority system means that, when votes are counted, the candidate who secures maximum number of vote sis declared elected. This number may or may not even be fifty percent of votes polled. Thus the problem of representation is that all one who is declared elected does not represent all the voters. This system is aptly described as "First - Past -The -Post system", which means one who secures highest number of votes gets into the legislature. 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 voters 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 Parishad are elected with the help of this method.

2. LIST SYSTEM vote are 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 VOTE 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 either 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. Important Questions: Q. l. State the meaning and functions of Legislature. Q. 2. What do you understand by the term 'Delegated Legislation'? What are the causes

responsible for the decline of the Legislature? Q. 3. What do you understand by the term Executive? Explain the types and functions of

the Executive? Q. 4. Critically analyze the concept of Rule-Application Department. Q. 5. Explain the meaning of the term Judiciary and State its nature and functions. Q. 6. What is meaning of the term Judicial Review? Explain it with special reference to

India. Q. 7. Critically analyze the concept of Judicial Review. Q. 8. What is Representation? What are the major techniques of Proportional and

Minority Representation ?

Q. 9. Explain the Theory of Separation of Powers. What are its merits and demerits? Q. 10. Define Public Opinion and discuss the various methods adopted in modem state to

mould Public Opinion. Q. 11. What is Proportional Representation? Discuss its Advantages and Disadvantages. Q. 12. What are the various types of executive? Distinguish between executive and

administrator functions?

Q. 13. Explain the term Parliamentary Sovereignty with the help of the cases related to Fundamental Rights.

Q. 14. How Public Opinion is formed? What are the hindrances in the formation of Public

Opinion? Discuss. Q.15. Explain the functions of Judiciary in a Federal State. Why should Judiciary be

independent? Q.16. What do you mean by Public Opinion? What are the agents of the formation of Public Opinion? Q.17. What do you mean by ‘Separation of Powers’? Critically examine Montesque’s

theory of ‘Separation of Powers’.