1st Semester Political Science Basics PDF

© Government of Tamilnadu POLITICAL SCIENCE First Edition - 2004 Reprint - 2005 HIGHER SECONDARY – FIRST YEAR Chairperson...

© Government of Tamilnadu POLITICAL SCIENCE First Edition - 2004 Reprint - 2005 HIGHER SECONDARY – FIRST YEAR Chairperson Dr. S. Subramanian Former Professor and Head Department of Political Science Madurai Kamaraj University Saraswathi Illam, # 87/25, Chetty Street Ayanavaram, Chennai Reviewers Dr. V. N. Viswanathan Dr. B.Krishnamurthy Reader in Political Science Reader in Political Science Untouchability is a sin Presidency College, Chennai Annamalai University Untouchability is a crime Annamalai Nagar Untouchability is inhuman Authors M. Murali N.K. Kumaresan Raja Senior Grade Lecturer Lecturer in Political Science Political Seicnce Department Annamalai University Presidency, College, Chennai Annamalai Nagar Dr. K. Palanisamy Mrs. G.Sundararaman Guest Faculty Post Graduate Teacher Anna Centre for Public Affairs (Political Science) University of Madras, Chennai M.M.A Govt.Hr. Sec. School Pallavaram TAMILNADU Price : Rs. 13.00 TEXTBOOK CORPORATION This book has been prepared by the Directorate of School College Road, Chennai - 600 006. Education on behalf of the Government of Tamilnadu. This book has been printed on 60 G.S.M. paper  ABOUT THE BOOK Science. The text book for the 12th Standard will deal with the aspects like the structure, organisation and functions of state The text book on Political Science for the 11th Standard of the Higher Secondary Course has been prepared at the instance of the institutions including their objectives, usefulness and the Director and Joint Director (P) of the Directorate of School Education, benefits that accrued to the public.Eg.government, courts.local Government of Tamilnadu. bodies, political parties etc., They spelt out clearly the objectives of the present exercise in evolving a new curriculum and framing of a new syllabus for H.S.Course Utmost care has been taken to avoid factual mistakes and to be followed from the 2004 academic year. They gave the experts print errors. Inspite of it, if there are a few of them, they may be and educationists whom they met for this purpose with certain valuable condoned. feedbacks and inputs. The first and foremost objective was that the text book The Chairperson takes full responsibility for the lapses produced shall provide information and knowledge commensurate to and reasonable omissions. He congratulates the Members of the the course of study. Another important objectives was that the standard Committee for their invaluable help and assistance in the of the book should be such as to cater to the needs of those who wanted to prepare for competitive examinations and desired to pursue unenviable task of bringing out this text book. higher studies in the subject. Having those objectives in view only this book has been prepared. The Chairperson and the Members of the Syllabus The text book for the 11th standard is in the nature of introducing Committee express their thanks and gratitude to the authorities the subject to the students. It mainly deals with the basic concepts, of the Directorate for having provided the opportunity and doctrines and theories concerning the institutions and organisations, associated them with the task of writing the book. Suggestions which form the subject matter of Political for improvement are solicited. Chariperson and Members Syllabus Committee iii iv  4. Classification of Constitution SYLLABUS 4.1 Introduction 1. Foundations of Political Science 4.2 Meaning and definition of constitution 1.1 Meaning and scope of political science 4.3 Need for a constitution 1.2 Political science as art or science 4.4 Contents of the constitution 1.3 The two faces of political science 4.5 Constitution of liberty 1.4 Normative / empirical studies 4.6 Constitution of government 1.5 Behaviouralist movement 4.7 Consitution of sovereignty 1.6 Political science and other social and human 4.8 Essentials or requries of a good Constitution sciences 4.9 Aristotle’s classification of Constitutions 2. The State and Its Elements 4.10 Evolved and enacted constitutions 2.1 Definition 2.2 Elements 4.11 Written constitution 2.3 State and society 4.12 Unwritten constitution 2.4 State and nation 4.13 Flexible and rigid constitutions 2.5 State and Government 4.14 Flexible constitution 3. The Concept of Sovereignty 4.15 Rigid constitution 3.1 Introduction 5. Law, Justice, Liberty, Equality 3.2 Meaning, nature and definitions 5.1 Meaning of law 3.3 Kinds of sovereignty 5.2 Sources of law 3.4 Austin’s theory of sovereignty (monistic view) 5.3 Kinds of law 3.5 Pluralist theory of sovereignty 5.4 Meaning of justice 5.5 Sources of justice 5.6 Justice and society v vi  5.7 Legal justice 5.8 Definition of liberty 5.9 Kinds of liberty 6.14 Merits of functional representation 5.10 Importance of individual freedom 6.15 Demerits of functional representation 5.11 Definition of equality 6.16 Minority representation 5.12 Kinds of equality 7. The Democracy 5.13 Objectives of equlity 7.1 Meaninig and definition 5.14 Liberty and equality 7.2 History of democracy 6. Franchise and Representative 7.3 Direct democracy 6.1 Theories of the nature of suffrage 7.4 Indirect democracy 6.2 Evolution of suffrage 7.5 Constitutional democracies 6.3 Arguments in favour of adult suffrage 7.6 Prerequisites of democracy 7.7 Merits of democracy 6.4 Aruguments against adult suffrage 7.8 Demerits of democracy 6.5 Types of vote 7.9 Devices of the direct democracy 6.6 Citizenship 7.10 Fundamental rights in India 6.7. Concept of citizenship- ancient city-states 7.11 Fundamental duties 6.8 Development of representation 7.12 Human rights and democracy 6.9 Geographical representation 8. Political Party System 6.10 Proportional representation 8.1 Evolution of Political Science 6.11 Aruguments in favour of proportional 8.2 Definition of party system representation 8.3 Need for Political party 6.12 Demerits of proportional representation 8.4 Kinds of parties 6.13 Functional representation 8.5 Single party system 8.6 Two party system vii viii  9.11 Panchayati raj system in Tamilnadu before 1994 8.7 Multi party system 9.12 The Tamilnadu Panchayat Act 1994 8.8 Interest groups 10. International Political Order 8.9 Public opinion 8.10 Rolle of mass media 10.1 Introduction 8.11 Machinery for conducting election 10.2 Historical approach 8.12 National party 10.3 Institutional approach 8.13 Regional party 10.4 Change and continuity in international order 8.14 Caste party 10.5 World order today 8.15 Communal party 10.6 Emergence of unipolar world 9. Democratic Decentralization 10.7 The League of Nations 10.8 United Nations Organization 9.1 Introduction 10.9 Important agencies of UNO 9.2 Definition of democratic decentralization 9.3 Meaning of local self-government 9.4 Need for local self-government 9.5 Functions of local self-government- general 9.6 Functions of local self - government in the changed context 9.7 Conditions for the success of local self- government 9.8 Defect of local self-government 9.9 The origin of local self-government 9.10 Kinds of organization of local bodies in India ix x  CONTENTS Page 1. Foundations of Political Science 1 2. The State and its Elements 13 3. The Concept of Sovereignty 25 4. Classification of Constitution 36 5. Law,Justice,Liberty,Equality 56 6. Franchise and Representation 80 7. The Democracy 101 8. Political Party System 115 9. Democratic Decentralization 130 10. International Political Order 145  Chapter 1 FOUNDATIONS OF POLITICAL SCIENCE 1.1 MEANING AND SCOPE OF POLITICAL SCIENCE Jean Bodin (1530 – 1596) a French political philosopher coined the term “Political Science”. Political science is a branch of social science. The study of Political science is of great significance and importance in the present day “Global village”. Political Science is the study of the state. According to Garner Political science begins and ends with the state. It may be defined as the study of man in the process of governing himself. According to Catlin, politics means either activities of political life or the study of those activities, which are generally treated as activities of the various organs of government. According to R.N. Gilchrist, political science deals with general problems of the state and government. The great Greek political philosopher, Aristotle (384 – 322 B.C.) was the first thinker to use the term ‘politics’. The term “Politics” is derived from the Greek word ‘Polis’ which means city – state. Aristotle (B.C. 384 - 322) Polis or city – state was a small independent self – contained political society. Greeks did not make any distinction between politics and society. These Greek city – states of ancient times provide an ideal point for the beginning of a systematic study of political science. 1  Unlike, the ancient Greeks, we live in a large territorial Broadly speaking, the scope of political science may be divided states today. Greek meaning of the state can be extended to the into three parts: study of the modern state. In the words of the French schloar, 1)Scope of political science concerning the state. Paul Janet, political science is that part of social science which 2)Scope of political science with reference to human treats the foundations of the state and principles of government. rights. Scope of political science : 3)Scope of political science in relation to government. The term ‘scope’ refers to the subject matter or the 1. Scope of political science concerning the state : boundaries of political science. The international Political Science Association at its Paris conference in 1984 discussed, the scope of the subject political science and marked out the subject matter as follows : Present Form Historical Form Ideal Form I. Political Theory : of the state of the state of the state 1.Political theory 2.Political ideas In political science, we study the present form of the state II. Political Institutions : Its aims and objectives and the means adopted by the state to 1. Constitution achieve its objectives. This aspect of the study of political science 2. National government has been termed by Gettell as the analytical study of the state. 3. Regional and local government. The present form of the state is the result of its historical 4. Public administration. development. Political science makes a historical analysis of the 5. Economic and social functions of government. origin of the state and the theories of the state. 6. Comparative political institutions. The study of political science has to predict the future of III. Political Parties : the state that is how it ought to be. According to Gettell political 1. Political parties. science is a historical investigation of what the state has been, an 2. Groups and associations analytical study of what the state is and a politico – ethical 3. Participation of the citizen in the government and discussion of what the state should be. administration. 2. Scope of political science with reference to human rights: 4. Public opinion. The citizens have their civil, political and economic IV. International Relations : rights. These rights have to be preserved and protected by the 1. International polities. State for the welfare of its citizens. 2. International organization and administration 3. Scope of political science in relation to government : 3. International law. Stephen Leacock said that, political science deals with government. A state cannot exist without government. Government is the working agency of the state. The different forms of government, various organs of government, political 2 3 parties, local self - government, judiciary, and internationalism Social sciences like history, sociology, political science, are covered by the political science. economics also follow the scientific method while studying social phenomena. Laboratory tests are not possible in social 1.2 POLITICAL SCIENCE AS ART OR SCIENCE: sciences. Aristotle, the father of political science considered The basic difference lies in the fact that physical sciences political Science as the master of all sciences. Writers like Laski, study about matter whereas social sciences study about human Burke and Maitland used the title politics instead of political beings.Hence the results obtained in physical sciences are science. Some other Writers like Godwin, Vico, Hume, Bodin, precise, perfect and exact at all times. That is not possible in Hobbes, Montesquieu used the title political science social sciences. This does not mean that political science claim to be a science can be denied. It is true that political science cannot be an exact science, since its laws and conclusions cannot be expressed in precise terms and it cannot predict political events accurately. Besides social and political relationships are constantly changing and what may be true of them today may not be true in the future. Thomas Hobbes (A.D. 1588 - 1679) Hence political science can be called both a science and an art. Professor Maitland once wrote, “ When I see a good set of 1.3 THE TWO FACES OF POLITICAL SCIENCE: examination questions headed by the words “Political Science”, Conflict and co-operation are the two faces of political science. I regret not the questions but the title. Buckle observed in the As a matter of fact, they are two sides of the same coin. present state of knowledge, politics far from being a science is one Conflicts are not desirable but unavoidable and inevitable in of the most backward of all arts”. There is a great deal of human society. Conflictsmay arise due to many factors like controversy over the question whether political science is a social, economic, cultural and psychological. Whatever may be science or art. Science means a body of systematized knowledge the degree or stage of conflict, solution has to be found out to arranged on certain principles. solve it. Art is a systematic knowledge to the solution of problems of The state is the final authority in society. It finds solution human life. Physical science like physics, chemistry etc., in the form of integration. State enacts laws, rules and follow the scientific method while studying physical phenomena. procedures for society. The state can also use force through For example, law of gravity. If you throw a ball upwards, it will police, the army and the prisons. But is should be used as a last resort. come down due to law of gravitation. Similarly, two parts of To be preciseforce should be used as the very, very last resort. hydrogen and one part of oxygen constitute water. If you do it Education plays a major role in the process of integration. anywhere any number of times the result will be the same, correct The newspapers, the radio, the television and internet are and exact. important. Welfare of the people is the aim of every state. With the advancement of science and technology, a new set of conflicts are not ruled out. 4 5  It is the responsibility of the state to solve the conflicts political party has more electoral support than the other is to paving way for the welfare of the people. And of course, there is make an empirical statement. This statement is based on facts no denying the fact that, that is the aim of the state. and facts are verifiable. 1.4 NORMATIVE / EMPIRICAL STUDIES: There are two types of political theories: 1.5 BEHAVIOURALIST MOVEMENT: 1. Normative or prescriptive Behaviouralist movement came into existence after the 2. Empirical or descriptive end of World War II (1939 – 45). The behaviouralists made Normative or prescriptive theory is based on postulates, significant contributions to political science during the period. deals, assumptions or values. It concerns itself on what ought to be. It Writers like Gabriel A.Almond, Robert A.Dahi and David focuses the attention on: Easton are some of them. 1.Good order of the society. According to Robert A.Dahi behavioralism is “a protest 2.Ends of the state. movement within political science associated with a number of political scientists mainly Americans” who shared “a strong Picture sense of dissatisfaction with the achievements of conventional political science, particularly through historical, philosophical and the descriptive institutional approach” and a belief that additional methods and approaches either existed or could be developed that would help political science with empirical propositions and theories of a systematic sort, tested by closer, Jean Jacques Rousseau(A.D. 1712-1778) more direct and move vigorously controlled observations of political events. The works of Plato’s Republic, Rousseau’s Social Merits of Behavioural Methods: Contract are the examples of normative type. To say that, India 1. It may assist the student of political science to compare should not adopt presidential system of government is to make and contract institutions of one culture with those of normative. This statement can be accepted or rejected but it another. cannot be proved or disproved. 2. Behaviouralism is dynamic in nature and can attempt to Empirical or descriptive is based on state structure, relate changes in changes in the social order as they political process etc, a system requiring knowledge of a subject occurred to changes in political orders. by actual experience. Max Weber in his book “Bureaucracy”. 3. Models can be used in relation to a theory and hypothesis Graham Wallas in his book “Human Nature in Politics” of how the world is likely to behave. and Arthur Bentley in his book “Process of Government” gave 4. field investigations, survey of attitudes and testing of an empirical dimension to the study of politics. To say that one hypothesis may throw new lights upon the old political and social problems. 6 7 Demerits: Political science is immensely benefited from other 1. The behavioural approach is possible for micro level social sciences. It is essentially connected and related to other studies only. Through behavioural they cannot social sciences. As a matter of fact, all social sciences discuss questions like “what is justice?” or ‘what is liberty?’ are interrelated and interdependent. 2. The ideas generated by behaviouralist are not new and Political Science and History: they just introduced only alternative terms in political There is closed and intimate relatioship between political science. science and history. The relatioship between political science 3. By following inter-disciplinary approach, the content of and history is beautifully explained by John Seeley. politics has been considerably reduced. “History without political science has no fruit and POST – BEHAVIOURALISM: politicalscience without history has no root”. In the late 1960’s the behavioural movement lost its To quote the same author again, original attraction and the momentum of the early years, and soon “Politics is vulgar when not liberalized by history and a reactionstarted which culminated in a new movement called history fades into mere literature when it loses sight of its post behaviouralism. relation to politics”. The post-behaviouralists did not reject the scientific According to Freeman, method of the behaviouralists. Their against behaviouralism “History is past politics and politics is present history “. was that because it had ignored current social problems, it was They are complementary to each other. Montesquieu and Bryce relevant to contemporary social reality. Political science, they insisted, made use of historical marterials to study political science. should be relevant to life and its problems. Lord Bryce claims that, It should seed to solve the problem of life and thereby enhance political science stands midway between history and human welfare. Post-behaviouralism emphasizes that in political politics, between the past and the present. research the substance is more important than the thechnique. It ismore It has drawn its materials from the one; it has to apply important to be relevant and meaningful for present day urgent them to the other. problems. History deals with past events, movements revolutions, David Easton an authority on post behaviouralism impressed national struggles etc. and gives information about the origin the need for ‘relevance and action’. Post behaviouralism in action- and development of political institutions and thought. When oriented and future oriented. various issues, concepts and terms, ideologies, are discussed in 1.6 POLITICAL SCIENCE AND OTHER SOCIAL AND political science, their historicaldevelopment is also taken into HUMAN SCIENCES: consideration. Social science are those sciences, which discuss about Political Science and Economics: the things connected with the affairs of individuals living in Political science and economics are very closely related. society, political science, economics, history, geography are In the past, economics has been regarded as a branch of political some of the important social sciences. science. Adam smith the father of economics in his book “An Enquiry into the Nature and Courses of Wealth of Nations” also 8 9 considered economics as an important branch of political Society. Political science and sociology are inter-related science. It was called political economy. political scientists and sociologists contribute mutually for the Now the two social sciences namely political science and benefit of whole society. economics have their individuality and identification. For example, the institution of marriage and related Economics is a social science dealing with the production, problems after that, namely divorce are within the domain of distribution, exchange and consumption of wealth in the society. sociology. How to solve these problems in a harmonious way for All economic activity is carried on within the state on conditions better standard of life is within the competence of political science. and stipulations laid down by the state. What was once a sub-field of sociology has now takes the Political science and economics are concerned with such form of “political sociology” which is now a legitimate sub- matters, as formulation of five year plans, the socialistic pattern field of political science. of society economic and welfare activities of government. Questions The political conditions of a country are greatly affected Part –A by its economic conditions. Healthy economy depends on a strong, effective and efficient administration of a country. I. Choose and write the correct answer Political Science and Geography: 1. Which one of the following is the subject matter of Political science is also related to geography. Geo means political science ? earth and graphy means description and geography is the a) Democracy b) Nation description of the earth. Geography is the study of the earth’s c) Socialism d) State surface, physical features, natural and political divisions, 2. Which one of the following is regarded the father of climatic conditions, population, etc. political science ? It helps us to understand the impact and influence of a) Aristotle b) Bodin geographical conditions of the political institutions of a country. c) Plato d) Socrates Political geography is known as geopolitics, a new branch of 3. Which one of the following is the author of the book study in modern times. Montesquieu stressed the influence of “The Republic”? physical environments on the forms of government and liberty of a) Bodin b) Bryce the people. As territory is an essential element of a state, geo - c) Montesquieu d) Plato political factors influence political environment. According to II. Fill in the blanks : Rousseau, there is a link between the climatic conditions and 1. Jean Bodin was a —————— political philosopher form of government. Warm climates are conducive to despots, 2. Politics is both an art and a————— cold climates to barbarism and moderate climate to a good polity. III.Answer the following questions by writing true or false : Political Science and Sociology: 1.The Greek city state was big in size. Sociology is the root of all social sciences. Auguste Comte is 2. Geopolitical factors influence political environment the father of sociology. Sociology is the study of 10 11 IV.Match the following: 1. Normative descriptive Chapter – 2 2. Empirical prescriptive. THE STATE AND ITS ELEMENTS Part – B 2.1Definitions : 1.Describe the relationship of political science to sociology The state is the most universal and most powerful of 2.Write a note on behaviouralism all social institutions. The state is a natural institution. Aristotle said man is a social animal and by nature he is a Part – C political being. To him, to live in the state and to be a man 1.Discuss the scope and significance of political science. were indentical. 2. Describe the nature of post-behaviouralism. The modern term “state” is derived from the word “status”. It was Niccolo Machiavelli ( 1469 – 1527) who Part –D first used the term “state” in his writings. His important 1. Bring out the relationship of political science with other work is titled as “Prince”. social sciences. The state is the highest form of human association. It is necessary because it comes into existence out of the basic needs of life. It continues to remain for the sake of good life. The aims, desires and aspirations of human beings are translated into action through the state. Though the state is a necessary institution, no two writers agree on its definition. To Woodrow Wilson, “State is a people organized for law within a definite territory.” Aristotle defined the state as a “union of families and villages having for its end a perfect and self – sufficing life by which it meant a happy and honourable life”. To Holland, the state is “a numerous assemblage of human beings generally occupying a certain territory amongst whom the will of the majority or class is made to privail against any of their number who oppose it.” Burgess defines the state as “a particular portion of mankind viewed as an organized unit.” 12 13  According to Sidgwick. “State is a combination or determined 10,000 to be an ideal number for a state. Greek association of persons in the form of government and governed thinkers like Plato and Aristotle thinking on the number was and united together into a politically organized based on small city – states like Athens and Sparta. Modern people of a definite territory.” states vary in population. India has a population of According to Garner, “State is a community of 102,70,15,247 people according to 2001 census. people occupying a definite form of territory free of external Territory : control and possessing an organized government to which There can be no state without a fixed territory. People people show habitual obedience.” need territory to live and organize themselves socially and Prof. Laski defines “state as a territorial society politically. It may be remembered that the territory of the state divided into government and subjects whose relationships includes land, water and air – space. are determined by the exercise of supreme coercive power.” The modern states differ in their sizes. Territory is 2.2.Elements : necessary for citizenship. As in the case of population, no definite From the above definitions, it is clear that the following are the size with regard to extent of area of the state can be fixed. There elements of the state :- are small and big states. Physical bases of the State In the words of Prof. Elliott “territorial sovereignty or the 1. Population Superiority of state overall within its boundaries and complete 2. Territory freedom from external control has been a fundamental principle of Political bases of the State the modern state life”. 1. Government India has an area of 32,87,263 sq. km. Approximately India 2. Soverignty occupies 2.4% of the global area. Elements of the State 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. Population Territory Government Sovereignty Prof. Appadorai defined government as the agency Population : through which the will of the State is formulated, expressed and It is the people who make the state. Population is realized. essential for the state. Greek thinkers were of the view that the According to C.F. Strong, in order to make and enforce population should neither be too big nor too small. According laws the state must have supreme authority. This is called the to Plato the ideal number would be 5040. government. According to Aristotle, the number should be neither too large nor too small. It should be large enough to be self – Sovereignty : sufficing and small enough to be well governed. Rousseau The fourth essential element of the state is sovereignty. 14 15 The word ‘sovereignty” means supreme and final legal authority above 2.3 State and Society and beyond which no legal power exists. The society consists of a large number of individuals, The concept of “sovereignty” was developed in families, group and institutions. The early political thinkers conjunction with the rise of the modern state. The term considered both state and society as one. State is a part of society but Sovereignty is derived from the Latin word superanus is not a form of society. which means supreme. the father of modern theory of sovereignty was Differences between state and society : Jean Bodin (1530 – 1597) a French political thinker. Following are the differences between state and society. Sovereignty has two aspects : Sl.No. State Society 1) Internal sovereignty 2) External sovereignty 1. State came into existence Society is prior to the Internal sovereignty means that the State is supreme after the origin of the state. over all its citizens, and associations. society. External sovereignty means that the state is 2. The scope of the state is The scope of society is much independent and free from foreign or outside control. limited. wider. According to Harold J. Laski, “It is by possession 3. State has fixed territory. Society has no fixed of sovereignty that the state is distinguished from all other territory. forms of human association. 4. State is a political Society is a social The diagram given below shows that the society is organization. organization. the outer most and the government is the inner most. 5. The state has power to Society has no power enforce laws. to enforce laws. Chart showing the outermost and the innermost of the State Prof. Earnest Barker in his book entitled “Principles of Social and Political Theory” clearly brings out the difference SOCIETY between state and society under three headings. They are, 1. Purpose or function POLITICS 2. Organisation and structure STATE 3. Method GOVERNMENT From the point of view of purpose the state is a legal association, which acts for the single purpose of making and enforcing a permanent system of law and order. But society comprising of a plurality of associations, acts for a variety of purposes other than legal. These purposes are 16 17  1. Intellectual to gether by some affinities and united are now called a nation. In the 2. Moral case of state feeling of oneness is not necessary as in the case of the 3. Religious four elements constituting the State. 4. Economic Thus the distinction between the state and nation in clear. See 5. Aesthetic and the table below. 6. Recreational The membership of the state and society are the same. S.No State Nation But they differ as regards purpose. The state exists for one great but single, purpose; society exists for a number of purposes some great 1. Existed not only at Modern phenomenon. and some small, but all in their aggregate deep as well as broad. present but also in the From the point of view of organization the state is a ancient period single organization – legal, whereas society comprises within itself many organizations. 2. It is legal political It is racial cultural. As regards method as pointed out before the state employs the method of coercion or compulsion, society employs 3. People organized for l People psychologically method of voluntary action. aw within a definite joined together with The purposes for which society exists makes the persuasive territory. common will to methods necessary and the multiplicity of its organization give ample live together. opportunity to the members to relinquish one association and join 4. A state must be People continue as a nation another in case coercion is ever attempted. sovereign. even if they do not remain sovereign. 2.4 State and Nation: 5. Inhabited by heterogeneous Inhabited by homogeneous The word “nation” is derived from the Latin word “natio” groups of people. groups of people. hich means birth or race. The terms nation and state are used as synonym. Since the Second World War (1939-1945) the theory of ‘one nation, one state’ has become the practical politics with all According to Leacock, a nation is a body of people nations and new nation states have been created after the Second united by common descent and language. World War. After 1947 India became the nation state. If a nation with self - government becomes independent, But the modern writers do not emphasise the racial a nation state comes into existence. aspects so much as the psychological and spiritual. It has acquired a political meaning in the recent times. 2.5 State and Government: Government is often used with the ‘state’ as synonym. People who share common ideas and naturally linked 18 19 But both the government and the state are two different entities. There Legislature Executive Judiciary are differences between the state and the government. They are explained in the table given below. Make laws Veto legislation Review S.No State Government Recommend legislative 1. State consists of population, Government is part of the legislation acts territory, government and state. Confirm Review sovereignty. exective Executive appointments Enforece laws acts 2. State possesses original Powers of the government Overide Issues powers. are derived from the state. excutive veto injunctions 3. State is permanent and Government is temporary. Impeach Grand pardons continues forever. It may come and go. Create or Nominate judges Interpret eliminate courts laws 4. State is abstract and invisible. Government is concrete and is visible. 2.5. 1 Executive: Branches of government It is one of the three branches of government as given above. State functions through the executive, the namely the government. It is the duty of the executive or enforce the laws passed by the legislature. The executive who exercise real power is the real executive. The executive who has nominal power is the normal executive. The President of India is the nominal executive. The union council of ministers led by the Prime Minister of India is the real executive. Parliamentary executive is chosen from the legislature and is responsible to the legislature. The executive in India is parliamentary Functions of Government in its character. 20 21 Powers and functions of executive are : The functions of legislature are 1. Enforcing law a) Enact laws 2. Maintaining peace and order. b) Oversee administration 3. Repelling aggression. c) Pass the budget 4. Building friendly relations with other states d) Hear public grieveances. 5. When necessary to wage war to protect the country. e) Discuss subjects like 6. Making appointments to higher posts. 1) Development plans 7. Raising money and spending them. 2) National policies 8. Convening the sessions of the legislature and conducting 3) International relations. business. 9. Issues ordinances whenever the legislature is to in session. 2.5.3 Judiciary: 10. Implement schemes and projects to improve he social and Judiciary is the third important organ of the government economic conditions of the people. machinery. Its main function is to interrupter laws and administer 11. Power to grant pardon, reprieve or remission of punishment. justice. Lord Bryce has said that there is to better test of 2.5.2 Legislature : excellence of government than the efficiency of its judicial The legislature is the law making branch. The legislature system.The welfare of citizens depends to a larger extent upon has an important role in the amendment of the constitution. The the judiciary. legislature is a deliberative body where matters of social, economic Judiciary is one of the pillars of democracy. Its and political concerns are discussed, debated and interpretation ensures justice, equality and liberty to all its decided. citizens. An independent and impartial judiciary is an essential The British parliament is said to be “the mother of feature of a democratic setup. parliaments”. It is the oldest legislature in the world. The Supreme Court of India consists of a Chief Justice According to Prof. Laski, law- making is not the only and other judges. The Supreme Court has its permanent seat in function of the legislature but its real function is to watch the Delhi. process of administration to safeguard the liberties of private According to Justice Hughes, “we are under a citizens. The legislature of the union is called the parliament in constitution, but the constitution is what the judges say it is”. India. It consists of two chambers. 1. The House of the People or the Lok Sabha as the Lower Functions of Judiciary: House. 1. Administration of justice. 2. The Council of State or the Rajya Sabha as the 2. To determine what is law and what is the cope and Upper House meaning of it. 3. To give advisory opinion on matters referred to it. 23 22  4. To issue orders or writs for the purpose of preventing violation of rights and laws. Chapter – 3 5. To acts as guardian of the constitution. THE CONCEPT OF SOVEREIGNTY Questions 3.1 INTRODUCTION Sovereignty is an essential element of the state. State Part – A cannot exit without sovereignty. State is regarded superior to I. Choose and write the correct answer: other associations only because of sovereignty. In fact modern 1. Who is the father of political science? theory of state got its proper shape and perfection only when the a) Plato b) Aristotle concept of sovereignty was introduced in it. c) Hobbes d) Locke When we try to search for the origin of this concept we 2. Who said “Man is a social animal”? find that he term sovereignty is the product of modern political a) Aristotle b) Cicero thinking but the idea goes back to the time of Aristotle who c) Machiavelli d) Wallas graham referred to it as the “supreme power” of the state. In middle ages Roman jurist and civilians were also II. Fill in the blanks: familiar to this idea. But it was Jean Bodin who developed for the According to Plato ideal number of population of a state first time the theory of sovereignty systematically in his book “Six Would be ———————————- Books on the Republic”. III. Answer the following questions by writing True or False: 3.2 MEANING, NATURE AND DEFINITIONS: Indian occupies 5% of the global area. The term sovereignty is derived from the Latin word IV. Match the following: ‘Superanus’ meaning supreme. It is basically a legal concept. It a) State Nation denotes supremacy of state. To understand the term sovereignty, b) Sovereignty Status it is desirable to look into some definitions of the given by c) Nation Superanus some political thinkers. Part – B Jean Bodin defined sovereignty as “absolute and 1. What are the elements of the state perpetual power of commanding in a state. It is supreme power 2. Describe the three of the functions of judiciary. over citizens and subjects unrestrained by law”. Part – C Pollock says that “Sovereignty is that power which is 1. Explain the functions of the legislature. neither temporary nor delegated nor subject to particular rules, 2. Give an account of the functions of judiciary. which it cannot alter, nor answerable to any other power on the Part – D earth.” 1. Define sovereignty and its aspects. Burgers described sovereignty as “original absolute unlimited power over the undivided subjects and over all 24 25 associations of subjects. It is the underived and independent power to command and compel obedience.” 5. Sovereignty cannot be divided between or shared by a D.F Russell defines sovereignty as “the strongest power plurality. To Gettell – “If sovereignty is not absolute no and supreme authority within a state, which is unlimited by law state exists; if sovereignty is divided more than one state or anything else.” exists; but with the emergence of the concept of According to Laski sovereign is “legally supreme over federalism, the idea of dual sovereignty was provided by any individual or group. It possesses supreme coercive power.” Tocqueville, Wheaton and Halleck. The above definitions may differ from each other but one 6. Sovereignty is exclusive. State alone has the sovereign thing is very clear and there is no doubt about the superior authority and legitimate power to make citizens obey its authority of sovereignty. dictates. It is again important to note that all these The basic idea is that the sovereignty is able to declare characteristics of sovereignty are peculiar to the legal law, issue commands and take political decisions, which are notion of sovereignty. They are best represented by an binding on individuals and associations within his jurisdiction. absolute monarchy. There are two aspects of sovereignty In the actual working of the state – especially in the a) Internal sovereignty case of democratic, federal, pluralist and constitutional b) External sovereignty government – it becomes extremely difficult to discover Internal sovereignty means that the sovereign is the the seat or real character of sovereignty. supreme authority over the individual and associations, within 3.3 Kinds of Sovereignty: its territory. External sovereignty means that the sovereign is an Sovereignty can be classified into different kinds. This independent entity, free from alien rule or control, in itsconduct classification is based on the location of sovereignty. with other states and international organization. Titular Sovereignty: Modern state claims supremacy in internal matter and By titular sovereignty we mean sovereignty by the title freedom from the control of external government on the basis only. It refers to the sovereign powers of the king or monarch of he attribute of the sovereignty. Sovereignty has the following characteristics: who has ceased to exercise any real authority. 1. Sovereignty is absolute from the legal point of view. In theory he may still posses all the powers but in 2. Sovereignty is permanent. It lasts as long as he state. practice sovereign power is enjoyed by some other person or Change in Government does not end sovereignty but only body of persons.Titular sovereign is only a symbol of authority, transfers it to the next bearer. a legacy of past. Britain presents a good example of titular 3. Sovereignty of the state is universal. It extends to all sovereign. The king is the titular head and he does not enjoy any within its territory. real powers. Actual powers are enjoyed by council of ministers and parliament. In India president is a titular sovereign and the cabinet 4. Sovereignty is inalienable. Sovereignty of the state is a real sovereign. cannot be given away without destroying the state. 26 27 3.3.1 De Facto and De Jure Sovereignty: 4. Rights of citizen are gift of legal sovereign. De facto sovereignty indicates to a sovereign who 5. The will of state is expressed by the legal sovereign only. without legal support or constitutional support enjoys sovereign 6. Legal sovereignty is absolute. It cannot be question. power. De jure sovereign is recognized by law or the In Britian King in Parliament is the sovereign. In constitution, but not in position to practice its power. In U.S the legal sovereign consists of the constitutional authorities In case of revolutions, that is a successful overthrow of thathave the power to amend constitution. the existing regime in a state tree may be de facto and de jure But behind the legal sovereignty there is another power, which sovereigns. For example when Mussolini came to power in Italy is unknown to law. It is political sovereignty. In practice in 1922, de facto sovereignty passed into his hands although absolute and unlimited authority of the legal sovereignty does Victor Emmanual was the de jure sovereign. not exist anywhere. Even a dictator cannot act independently and The military dictatorship of the present world, exclusively. The will of legal sovereignty is actually sharpened established after a coup d’etate also represents de facto by many influences, which are unknown to law. All these sovereignty until it evolves suitable means to legitimize its influences are the real power behind the legal sovereign; and this authority. is called political sovereignty. As Professor Gilchrist Usually de facto and de jure sovereign stay together for a says- “The political sovereign is the sum total of the influences very short period and the de facto sovereign tries to become De in the state which lie behind the law.” The political sovereignty Jure sovereign. The de facto and de jure sovereigns should is not known to law. In modern representative democracies the political ultimately coincide; otherwise there is danger of conflict sovereignty is very often identified with either the between them. New laws are made in order to give him definit whole mass of he people or with electorate or with public status to the de facto sovereign to give it legal support. opinion. The legal sovereign cannot act against the will of 3.3.2 Legal and Political Sovereignty: political sovereign. Distinction is some times drawn between legal and Dicey says that “body is politically sovereign which the political sovereignty. The sovereign is supposed to be absolute lawyers recognize there is another sovereign to whom the legal and omnipotent. It functions according to its own will. Law is sovereign bow- that body is political sovereignty; that which is simply the will of sovereign. ultimately obeyed by the citizens of the state.” There is none to question its validity. Legal sovereign A lot of confusion arises when we attempt the exact grants rights to its citizens and there can be no rights against definition of political sovereignty. It is a vague and him. It means rights of citizens depend on the will of legal indeterminate and cannot be located with exactness. It is sovereign and any time he can take away. Legal sovereign suggested by some writers that there is no justification for has following characteristics- making a distinction between legal and political sovereignty, as 1. The legal sovereignty is always definite and determinate. that involves the division of sovereignty, which is not possible. 2. Legal sovereignty may reside either in one person or in a 3.3.3 Popular Sovereignty: body of persons. When the sovereignty resides in the people of he state it is 3. It is definitely organized, precise and known to law. called as popular sovereignty. This theory was expounded by 28 29 Rousseau, when later became the slogan of French Revolution. To Austin state is a legal order, in which there is a The doctrine of popular sovereignty regards people as the supreme authority, which is source of all powers. supreme authority. It is people who decide right or wrong. People Sovereignty is concerned with man, and every state must are not bound by any natural or divine law. have human superior who can issue commands and Government exists only as a tool for the good of the create laws. Human laws are the proper subjects of state people. It should be held directly responsible to the people. It activity. can exercise authority only on the basis of the law of land. 3.4.3 Sovereign power is indivisible. Division of sovereignty Will of the people should not be ignored popular leads to its destruction. It cannot be divided. sovereignty is the basis of modern democratic system. 3.4.4 The command of sovereignty is superior to over all individuals 3.4 AUSTIN’S THEORY OF SOVEREIGNTY (MONISTIC and associations. Sovereign is not bound to VIEW): obey anyone’s order. His will is supreme. There is no In the 19th century the theory of sovereignty as a legal concept question of right or wrong, just or unjust, all his was perfected by Austin, an English Jurist. He is commands are to be obeyed. regarded as a greatest exponent of Monistic Theory. In his book 3.4.5 Austin’s theory says that the obedience to sovereign must ‘Province of Jurisprudence Determined (1832) Austin observed’ be habitual. It means that obedience should be “if a determinate human superior, not in the habit of obedience to a like continuous. He also includes that is not necessary that superior, receives habitual obedience from obedience should come from the whole society. It is the bulk of a given society, that determinate superior is sufficient, if it comes from the lay majority of people. sovereign in that society and that society (including superior) is Obedience should come from bulk of the society a society political and independent.” To Austin in every state otherwise there is no sovereign. there exists an authority to whom a large mass of citizen show In brief we can say that sovereignty according to Austin compliance. This authority is absolute, unlimited and indivisible. is supreme, indivisible and unquestionable. Austin’s theory of sovereignty depends mainly upon his Like all other theories of sovereignty Austin’s theory is view on nature of law. According to Austin “Law is a also not free from criticism. The first criticism is regarding command given by a superior to inferior” the main tenets of sovereignty residing in a determinate superior. Even sovereign’s Austin’s theory of sovereignty are as follows- acts are shaped by so many other influences, such as morals, 3.4.1 Sovereign power is essential in every political society. values and customs of the society. 3.4.2 Sovereignty is a person or body of persons. It is not Sir Henry Maine gives the example of Maharaja Ranjit Singh. necessary that sovereign should be a single person. He pointed out that the Maharaja “could have commanded anything. Sovereignty may reside in many persons also. Austin The smallest disobedience to his command would have been followed explains that a “Sovereign is not necessarily a single by death or mutilation.” In spite of this, the Maharaja person, in the modern western world he is rarely so; but never “once in all his life issued a command which Austin he must have so much of the attributes of a single person could call a law. The rules which regulated the life of his as to be a determinate.” subjects were derived from their immemorial usage.” 30 31  Laski says that sovereignty is neither absolute nor a unity. It is Secondly Austin says that the sovereign is possessed of unlimited pluralist, constitutional and responsible. State has no superior claim to powers, which is again not acceptable. It is possible only in theory not an individual’s allegiance. It can justify itself as a public service in practice. Laski points out that “no sovereign has anywhere corporation. State exists to coordinate functions of human association possessed unlimited power and attempt to exert it has always resulted in the best interest. in the establishment of safeguards.” Another exponent of pluralist theory Robert M.Maclver Thirdly Austin says that sovereign is indivisible. All propounds that state is one of the several human associations, although powers it exercises unique functions. Important feature of the state is supremacy Must be centered in the hands of one person or a body of persons of law. called sovereign. But this has been also disproved by Pluralists believe that state enjoys a privileged position because of its wider jurisdiction, which covers all the individuals and associations Federal system of governments. It is characteristic of federal within its boundary. This does not mean that it is superior to other state that power must be divided between the federal government associations. It is also true that state has power to punish those who and its units. defy its command but that does not mean that it is absolute. The state Austin’s theory is criticized further on the grounds of his must justify the exercise of its special powers. Pluralist is divided and definition of law. Austin defines law as “command given b a superior to limited. inferior”. This is also not true. No sovereign can ignore the existence of The pluralist demand that the same must justify its claim to customary law, which has grown through allegiance on moral grounds. Actually to them the management and usage in every country. control of society must be shared by various associations in proportion It seems to be that Austin’s theory may to their contribution to the common goods. This theory stands for the not be accepted as valid for political philosophy. His legal theory decentralization of authority. of sovereign. narrows down “the meaning of vital terms.” It The pluralist also rejects the distinction between state and should, however be admitted that as an analysis of strictly legal government. They insist on a realistic political science and consider the nature of sovereignty. Austin’s theory is clear and logical. distinction between two as artificial. The pluralists are not against the state but would discard 3.5 PLURALIST THEORY OF SOVEREIGNTY: sovereign state with its absolute and indivisible power. The pluralist theory of sovereignty was a reaction to 3.5.1 The chief tenets of pluralist theory of sovereignty are as monistic or legal theory of sovereignty. To monistic theory state follows. is supreme association and all other associations are he creation a) Pluralist sovereignty deals with political aspects of of state and their existence depends on the will of the sovereign sovereignty. power. b) State is one of the several human associations catering The pluralist theory rejects this and tries to establish that to various interests of the individuals. there is no single source of authority that is all competent and c) State is arbiter over conflicting interests of different comprehensive. associations. 32 33  d) State should compete with other human associations development. At last we can say that the greatest contribution of to claim superior authority. this theory is that it gave state a human face, and checked it from being a threat to the liberty. e) State was not absolute or supreme legally. f) State is not the only source of legislation or law. Questions g) Law is very antithesis of command. Part – A h) The state is both the child and parent of law. 1. Sovereignty is derived from the i) He root of obedience of law isn’t coercion but the a) Latin word will to obey. b) French word j) State and government are not different. c) Greek word d) English word The pluralist theory of sovereignty is also not free from 2. There are two aspects of sovereignty. True / False criticism. Critics maintain that without establishment of a 3. Austin’s theory of sovereignty is also known as classless society, sovereignty can neither be divided nor be theory of sovereignty limited. In order to limit the sovereignty of the state there must be a classless society. The demands for freedom from different associations Part – B also are criticized. Division of sovereignty among different 1. Define sovereignty. associations is not only impossible but also improper. The 2. Explain titular sovereignty. pluralist view will lead to political anarchy and social instability. The pluralist limits the sovereignty in order to maintain Part – C independence of individuals and other associations, however in 1. What are the characteristics of sovereignty? order to maintain the rights of the individuals and associations, 2. Distinguish between Defacto and Dejure sovereignty? the state must have sovereign power. The interest of individuals and associations, will conflict and the state will be helpless if it Part – D does not posses sovereign power. 1. Discuss Austin’s theory of sovereignty. Inspite of all these criticism it cannot be denied that the 2. Describe the pluralist theory of sovereignty. 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 34 35  Chapter – 4 Bryce defines it as “the aggregate of laws and customs under CLASSIFICATION OF CONSTITUTION which the life of state goes on the complex totality of laws embodying the principles and rules whereby the community is organized, governed 4.1 INTRODUCTION: and held together”. Every state must have a constitution. Without a constitution it is Herman Finer says, - “the state is a human grouping in which difficult to govern a state. History tells that since the origin of the state rules a certain power relationship between its individuals and associated there had been some kinds of rules and regulations in some form to constituents. This power relationship is embodied in political institutions. maintain the order and harmony in the state. The system of fundamental political institutions is the constitution the In every state be it a democratic or despotic it is essential that autobiography of the power relationship.” such rules must be accepted which would decide the role and A constitution is according to legal dictionary definition “is a organization of political institutions in order to save the society from frame of political society organized through and by law”. anarchy. In modern states these rules find expression in the form of a Bouncier defines a constitution as “the fundamental law of a constitution. state directing the principles upon which the government is founded and regulating the exercise of the sovereign powers, directly to what 4.2 MEANING AND DEFINITION OF CONSTITUION: bodies of persons thee powers shall be confined and the manner of A constitution is a basic design, which deals with the structure their exercise. and powers of the government. It also includes rights and duties of George Cornewell Lewis describes the constitution as “ citizens. Very often ‘constitution’ is understood as a document which the arrangement and distribution of sovereign power in the has been written and accepted at a particular time, but this is not the community or the form of the government”. true meaning of constitution, constitution may be written or may be Charles Baregeaud says – “A constitution is the unwritten. fundamental law according to which the relations of individuals or Sometimes it is found in an established body of rules, maxims, normal persons to the community are determined. traditions and practices in accordance with which its government is It may be a written instrument, a precise text or series of text organized and its powers and exercised. Many political thinkers have enacted at a given time by a sovereign power or it may be the more or tried to define the term ‘constitution’. less definite results of a series of legislative acts, ordinances, judicial For Aristotle “constitution is the way in which, citizens who decisions, precedents and customs of diverse origin and of unequal are the component parts of the state are arranged in relation to one and importance”. Sir James Mackintosh says “By the constitution of a state, i another”. mean the body of those written or unwritten fundamental laws which According to Woolsey, a constitution “the collection of regulate the most important rights of the higher magistrates the most principal according to which he powers of the government rights of the essential privileges of the subjects. government and relations between the two are adjusted.” According to Leacock - “constitution is the form of government”. Austin has defined constitution saying, “that it 36 37 fixes the structure of supreme government.”On the basis of 3. Mention of fundamental rights of the citizens above definitions we can say that a constitution is 4. The relation of the government with the people. The fundamental law of the land 5. The procedure of the government of the constitution May be written or unwritten Among all the above three are most important. Burgess Deals with the composition and power of the calls them as the constitution of liberty, constitution of government. government and the constitution of sovereignty. Deals with the rights of citizens. 4. 5 NEED FOR FUNDAMENTAL RIGHTS. Deals with the relationship between the government and The provision of fundamental rights in constitution is governed. considered essential for it imposes definite limitations on the It is supreme law that must be followed? powers of the government. It is a declaration that no government can tamper with these rights of individuals. It establishes a 4. 3 NEED FOR A CONSTITUTION: limited and free government. Since the days of American revolution (1776) the idea of Fundamental rights are the lifelines of democracy. a costitution as a necessary and fundamental document was Almost all the written constitution of the world contains firmly rooted in every state. Today constitution has become the Fundamental rights. In the constitution of India part III (Arts 12- bedrock of democracy. A constitution is neeeded for a variety of 32) fundamental rights are included. The state cannot make a reasons - law, which takes away, or abridges any of he rights of the 1. To curb the powers of the government by fundamental citizens guaranteed in Part III of the constitution. If it passes law. such law, it may be declared unconstitutional by the courts. The 2. To protect the rights of individuals people of he United States of America attach a great sanctity to 3. To establish the principle of ‘rule of law’. the rights. But fundamental rights are not absolute. 4. To save the state from anarchy. They aare subjected to limitations in order to secure or 5. To define the operation of the sovereign power of the state. Promote the greater interests of the community or the state. If 6. To limit the vagaries of present and future generations. There is no binding on fundamental rights it may lead to anarchy. As Jellinek has rightly remarked - “a constitution is a Restrictions are necessary. Many constitutions provide for such necessity and every state must and does it fact possess one. A Restrictions. constitution is necessary even in the case of despotism. A state 4. 6 CONSTITUTION OF GOVERNMENT : without a constitution is not a state but a regime of a anarchy. Second essential content of a constitution is composition And powers of government. The main objective of the 4. 4 CONTENTS OF THE CONSTITUTION: constitution is to provide outlines for the structures and powers A constitution must have the following provisions in it of the government. A great portion of constitution is devoted to 1. Organization and form of administration of the state serve this particular purpose. How should the government be 2. Functions of different organs of the government their powers organized? How should it work? These questions are answered and mutual relations. in the constitution. In wider sense the organization of 38 39 government includes- term of office and organization on the powers of chamber of 1. Division of powers amongst various departments. deputies. It was also silent on the organization of judiciary. 2. Organisation of particular agencies through which state Such constitutions are examples of general and brief manifests itself. presentation to government which are not good and which will not 3. The extent and duration of their authority long. They lead to failure. 4. The modes of appointment or election of public functionaries. 4.7 AMENDMENT OF CONSTITUTION: 5. The constitution of the electorate. It indicates towards the procedure of amendment of the Some constitutions give a detailed and specific constitution. A written constitution must have procedure for description of composition and powers of the government and amending the constitution and it is regarded as an essential part there are some constitutions, which are very general and short in of every written constitution. displaying government. The method of amendment only guarantees application The constitution of USA adequately provides for the and sanctity of the constitution. It is upon the method of separation of powers among the executive legislative and judicial amendments that guarantees of individuals liberty and the departments and the organization powers. It also contains statement adaptability of the con