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The coordination committee formed by G.R.No.Abhyas-2116/(pra.kra43/16)SD-4 dated 25.4.2016 has given approval to prescribe this textbook in its meeting held on 20.6.2019 and it has been decided to implement it from academic year 2019-2020. Political Science...

The coordination committee formed by G.R.No.Abhyas-2116/(pra.kra43/16)SD-4 dated 25.4.2016 has given approval to prescribe this textbook in its meeting held on 20.6.2019 and it has been decided to implement it from academic year 2019-2020. Political Science Standard Eleven Maharashtra State Bureau of Textbook Production and Curriculum Research, Pune. The digital textbook can be obtained through DIKSHA APP on a smartphone by using the Q.R.Code given on title page of the textbook. On this Q.R.Code audio-visual teaching-learning material of the relevant lesson will be available. First Edition : 2019 © Maharashtra State Bureau of Textbook Production and Curriculum Research, Pune - 411 004. Reprint : October 2021 The Maharashtra State Bureau of Textbook Production and Curriculum Research reserves all rights relating to the book. No part of this book should be reproduced without the written permission of the Director, Maharashtra State Bureau of Textbook Production and Curriculum Research, ‘Balbharati’, Senapati Bapat Marg, Pune 411004. Political Science Subject Committee Authors Dr.Shrikant Paranjpe, Chairman Dr. Shrikant Paranjpe Dr. Abhay Datar Dr. Prakash Pawar, Member Dr. Prakash Pawar Dr. Sanhita Joshi Dr. Mohan Khadse, Member Cover and Illustrations Dr. Abhay Datar, Member Shri. Mukim Shaikh Prof. Sangeeta Aher, Member Prof. Ajinkya Gaikwad, Member Cartographer Dr. Neeta Bokil, Member Ravikiran Jadhav Shri. Mogal Jadhav, Member Typesetting : DTP Section, Varsha Sarode, Member-Secretary Balbharati, Pune Paper : 70 GSM Creamwove Political Science Study Group Print Order : Dr. Pravin Bhagadikar Printer : Prof. Sangita Dixit Prof. Rajendra Ingale Coordination Prof. Veena Kenchi Varsha Sarode Dr. Rohidas Mundhe Assistant Special Officer, Dr.Puranshettiwar V. History and Civics, Prof. Aruna Khamkar Textbook Bureau, Pune Prof. Pitambar Urkude Prof. Dilip Kadu Dr. Nandkishor Bokade Production Dr. Ramdas Dhage Sachchitanand Aphale Dr. Balaji Katurwar Chief Production Officer Dr. Prabhakar Londhe Shri. Ravindra Jinde Prabhakar Parab Shri. Subhash Rathod Production Officer Smt. Mugdha Mahabal Shashank Kanikdale Asst. Production Officer Publisher Coordination Vivek Uttam Gosavi, Controller Varsha Sarode Maharashtra State Textbook Bureau, Assistant Special Officer, History and Civics Prabhadevi, Mumbai - 400 025. (C) (D)  Introduction Dear Students, You have been already introduced to ‘Political Science’ in Standard IX and X. The textbook for Standard XI has been written with the objectives of the modified syllabus (2012) in view. We are glad to hand over the textbook for Standard XI to you. The content of this textbook is organised into four sections - Political Concepts, Comparative Government, Public Administration and International Relations. Each of these sections begins with an introduction. The main purpose in doing so to introduce the students to the principal concepts in these fields. All these concepts are to be viewed and studied in the context of the Indian system. The boxes providing additional information, various activities provided in the textbook and the informative articles in the Q.R.Code will certainly make the process of self-study easier, interesting and encourage active participation. Why do we study ‘Political Science’? This book will provide you with some answers. It helps you to understand not only your own country but introduces you to the world out there. It will explain to you how the Indian Government works, your role as a citizen in the working of the government, various events that take place in the world and the tools to see, experience and analyse these events around you. It would make you a more empowered citizen who can aspire to do something good for the country. The subject committee, study group, authors, the illustrator have taken great pains to prepare this book. The Bureau is grateful for their efforts. Your suggestions and recommendations are most welcome. We will definitely consider relevant suggestions for incorporation. We hope that the students, teachers and parents will welcome this book. Pune (Dr. Sunil Magar) Date : 20 June 2019 Director Bhartiya Saur Dinank : 30 Jyestha 1941 Maharashtra State Bureau of Textbook Production and Curriculum Research, Pune (E)  - For the Teachers - An Approach to Teaching of Political Science at Std XI The approach of the syllabus for Std. XI and XII is holistic and integrated. Std. XI introduces the students to the different sub-fields of political science. The XIIth standard book follows through with some of the contemporary concerns in political science. The different sub-fields of political science include Political Concepts, Comparative Government and Politics, Public Administration and International Relations. While each is an independent sub-field, they are all interlinked. Thus, when we approach the teaching of the subject it is necessary to draw the correlations between each of them. For example, concepts like Equality and Justice that are dealt with in the first section are relevant in the study of Comparative Government. They are also relevant to Development Administration. Similarly, when we study international events in the last section the information about the various governments given in the section on Comparative Government would be useful. Some activities that go beyond traditional classroom teaching: Activity: The concept of the State is abstract. But the concept of government is concrete. It is necessary to understand the difference between them. Identify the various ‘nations’ in India. Find out why they are not ‘states’. Classroom Discussion: Initiate a discussion on diversity in India. Explain this diversity in terms of religion, region, language, etc. Presentations: Take any of the concepts like Liberty, Rights, Equality and Justice. Prepare charts on the meaning of the concept and its application in India. Map work: Maps are a useful tool for both, the Section on Comparative Government and International Relations. Comparative Charts: It would be useful to ask the students to make comparative charts of the three countries. Field Visit: Visits to any Government office would be of use to understand the working of the government administration. Group Activity: A group can act as a Council of Ministers and prepare some policy document on any relevant issue. Mock United Nations: Take up any international issue. Get students to represent countries and argue their position on the issue. - Some useful websites: Indian Government : https://www.india.gov.in/ United States Government : https://www.usa.gov/ United Kingdom : https://www.gov.uk/ United Nations : http://www.un.org/en/index.html (F)  Competency Statement No. UNIT COMPETENCY Explain the concept of the State and evolution of Modern State. Understand the political concepts of Liberty, 1 Political Concepts Equality, Justice and Rights. Understand the development of Indian society in the context of these political concepts. Explain the points of similarity and difference in the political system of USA, UK and India. Comparative Understand the role of political parties and 2 Government and pressure groups in bringing about socio- Politics political change and economic development. Explain the changing role of Indian Judiciary. Explain the basic framework of the Indian Administrative System. Explain the role of Public Administration in the process of development. 3. Public Administration Explain the correlation between the concerns of the people and changing role of administration. Explain the importance of e-governance in India. Explain the importance of internationalism and international cooperation. Explain the reasons behind the emergence of 4. International Relations regional organisations in contemporary times. Know the rationale of India’s Non-Alignment Policy. (G)  Contents Map of the world Section I: Political Concepts Introduction : 1. The State....................................................................................... 2 2. Liberty and Rights........................................................................ 9 3. Equality and Justice..................................................................... 18 Section II: Comparative Government and Politics Introduction : 4. Constitutional Government......................................................... 28 5. Concept of Representation.......................................................... 37 6. Role of the Judiciary.................................................................... 45 Section III: Public Administration Introduction : 7. Public Administration.................................................................. 55 8. Development Administration....................................................... 64 Section IV: International Relations Introduction : 9. The world since 1945 - I.............................................................. 74 10. The world since 1945 - II........................................................... 84 S.O.I. Note : The following foot notes are applicable : (1) © Government of India, Copyright : 2019. (2) The responsibility for the correctness of internal details rests with the publisher. (3) The territorial waters of India extend into the sea to a distance of twelve nautical miles measured from the appropriate base line. (4) The administrative headquarters of Chandigarh, Haryana and Punjab are at Chandigarh. (5) The interstate boundaries amongst Arunachal Pradesh, Assam and Meghalaya shown on this map are as interpreted from the “North-Eastern Areas (Reorganisation) Act. 1971,” but have yet to be verified. (6) The external boundaries and coastlines of India agree with the Record/Master Copy certified by Survey of India. (7) The state boundaries between Uttarakhand & Uttar Pradesh, Bihar & Jharkhand and Chattisgarh & Madhya Pradesh have not been verified by the Governments concerned. (8) The spellings of names in this map, have been taken from various sources. It may be noted that any discrepancy in the standard colour scheme of the National Flag would be due to technological limitations. (H) As you approach this book…. This year, for the first time, we will be studying ‘Political Science’ as an independent subject. In school you have studied this subject as part of ‘History and Civics’ or ‘History and Political Science’. In Civics you had studied rights and duties of citizens and in Political Science the political system and the Constitution. Now when we study Political Science as an independent subject, we need to understand all its dimensions. In the Eleventh and the Twelfth standards, we are proceeding in that direction. The different dimensions of political science will be introduced in the Eleventh Standard. These include: (i) an introduction to some of the key concepts (ii) Comparative government and politics (iii) Public Administration and (iv) International Relations. This book will create a base for the understanding of the subject as a whole. This book is in four sections. These deal with the four traditional areas of Political Science. Every section has an introduction that introduces you to that area, please make it a point to read it. It will help you to understand the subject better. Each chapter has some activity that asks you to search something. Make it a point to search it and understand it. In the Twelfth, we would study the new developments that have taken place in these areas. For example, we would look at some of the issues relating to globalisation and humanitarian issues like environment, poverty, etc. In the subject area of government and public administration we would study aspects dealing with good governance and national integration. In international relations we would focus on the world after 1991. It is expected that in these two years, we go beyond just the introduction and understanding of the various dimensions of the subject. It is expected that you would be able to apply some of these concepts and implement some of your ideas in your life. It will help you to decide the areas in which you may want to do further studies. In case you decide to go in for voluntary work or social activity or appear for various competitive examinations the knowledge of political science would definitely be of help to you. Actually, you may be able to plan what you want to do in your life. Look at this as a step that helps you to step in the world of tomorrow. Best wishes ! (I)  Section I : Political Concepts Introduction Indian political thinkers, we study the views of Kautilya on State, Mahatma Gandhi’s idea of Swaraj or Dr. Babasaheb    Ambedkar’s views on Social Justice. We can also study the western thinkers to understand the views of Aristotle on Citizenship, or Locke’s theories on Rights, Mill on Liberty, Marx’s views about Communism, or John Rawls contribution to the theory of Justice. It is on the basis of the writings of such thinkers and We talk of our family, society, region, others who have made significant country etc. All of these are institutions, contribution that we can understand such some are social institutions others are concepts like liberty, equality, justice, political institutions. Political science deals democracy, etc. Political concepts involves mainly with political institutions. The analytical study of ideas that have been political institutions are associated with the central to political thought. government. They would include the In this section, we plan to study some Parliament, the Ministry, Judiciary, etc. As important political concepts. These are a citizen of a country we have certain concepts of liberty, rights, equality and rights and duties towards the country. justice. There are also other concepts like These are specified by the constitutions and nation, nationalism, etc. the various laws that are made by the The three chapters of this section are government. We are expected to follow as follows: these rules. Even foreigners have to follow rules of the country in which they live. Chapter I : The State: This chapter discusses the concepts of nation, nationalism, Some questions like: ‘Why should I state and government. It tries to understand obey the state?’, or, ‘What should be the the linkages between them. limits of individual liberty?’, or, ‘where can I seek justice?’, are questions that we Chapter II : Liberty and Rights: face as citizens of any country. Various This chapter looks at the two concepts of thinkers have tried to answer these and Liberty and Rights. These deal with the other questions. They have tried to status of the individual in the society. understand the role of the individual and Chapter III : Equality and Justice: the State (government). These political This chapter focuses on Equality and thinkers have come out with various ideas Justice. These concepts are concerned with that have helped us to understand the role the social order. of the individual in the society and the All of these concepts are also discussed State better. For example, when we study in the context of India. 1  1. The State You have studied Civics and Political Do you know ? Science in School. The focus of Civics was on the citizen. The focus of Political We use the term ‘country’ to Science was on the State, the Government, describe states like India, Pakistan, the Administration etc. In this chapter, we China, etc. Sometimes we use the will introduce you to some of the basic term ‘nation’ or ‘state’ to describe concepts of Political Science: Nation, these countries. While all the terms Nationalism, State and Government. appear to convey the same meaning, Read the statements given below: technically there is a difference in (i) One of my friend is a Punjabi and each of these terms. The term the other a Manipuri. ‘nation’ has a sense of oneness that (ii) Two of my classmates are is psychological and born out of Iranians. commonness of culture, ethnicity, race, religion, language, history, etc. (iii) We sing India’s National Anthem A ‘nation’ becomes a ‘state’ when every day. I am proud of our National it has the following characteristics: Anthem. sovereignty; independent government, (iv) I have to collect my Birth specific territory and population. But Certificate from the Government Office in routine discussions we usually use today. the term ‘nation’ instead of the term Each of this sentence deals with State to describe an independent something. The first sentence tells about country with a sovereign government. the identity of the person. The identity However, in Political Science we use can be a Punjabi, Tamil, Maharashtrian, the term ‘State’ to describe an Telegu, etc. This is a regional identity. independent sovereign country. The second sentence talks about the country that you belong to. You can be an Iranian, Sri Lankan, American, etc. Nation This is the ‘nationality’ that you have. What is a nation? A nation is a The sentence about the national anthem people who identify socially, culturally, relates to the concept of the State. When politically and want to establish a separate we say I am proud of our National identity for themselves. There is a sense Anthem it is a feeling of ‘Nationalism’. of oneness that is psychological and born Finally, the Birth Certificate deals with out of commonness of culture, ethnicity, the role of the ‘Government’. All these religion, language, history, etc. They may are concepts that we will study in this or may not be located in a specific chapter. geographic territory. 2  political level. Do you know ? Nationalism The word ‘Nation’ originates from the Latin word Nasci, meaning ‘to be India wanted to be independent from born’. Therefore, it is believed that the the British colonial rule. It was a fight people belonging to a nation have ethnic for the right of self-determination. India’s and cultural linkages. fight for its independence was an expression of India’s nationalism. Ernest Barker defines a nation as Nationalism is a sense of political ‘A nation is a body of men, inhabiting a identity. It is a love for one’s nation. The definite territory, who normally are people become sentimentally attached to drawn from different races, but possess the homeland. They gain a sense of common stock of thoughts and feelings identity and self-esteem by this acquired and transmitted during the identification and are motivated to help course of common history…a common their homeland. The expression of such religious belief… use a common sentiments can be seen at different times: language….’ Cheering for a national cricket team, standing up during the National Anthem What are the features of a nation? or support to the armed forces during a (i) Population: A Nation must have a war. Nationalism is a force which holds population. The population has some the people to a sense of political loyalty similarities. These similarities may be to the country. language, race and religion or there may be common cultural or historical experiences. There is a sense of ethnic, historical and cultural oneness that goes in the perception of identifying oneself as a nation. (ii) Feeling of community: The similarities of demography and culture must translate into a psychological feeling of a community. Nationalism This is the emotional dimension. This is a matter of perception held by the There are some features of people of that community. Nationalism: (iii) Desire to be politically separate: (i) Nationalism has been a force that People living in a particular has been both, a builder and a geographic area having common destroyer. It has been described as socio-cultural, religious or linguistic progressive and aggressive commonality can lead to a feeling of nationalism. Progressive nationalism being a nation. Such a feeling is a can help a society to come together product of the urge for self- and promote development. Aggressive determination. This can lead to a nationalism can create differences demand for self-governance at a amongst people. 3 (ii) Nationalism discourages imperialism (ii) Conservative nationalism: This or colonialism. The resistance to any form of nationalism is inward looking. It form of occupation of a region is looks at the nation as a closely linked one of the features of nationalism. society. It gives a lot of importance to National liberation struggles or patriotism. freedom struggles across the world (iii) Expansionist nationalism: This are a product of nationalism. It thus is an aggressive form of nationalism. In encourages self-determination. this form, countries start to become (iii) Nationalism can promote diversity. aggressive and create empires for ‘national You see a large amount of diversity glory’. Colonialism is a product of this in India based on religion, ethnicity, aggressive nationalism. language, regions, etc. But we still (iv) Anticolonial nationalism: This talk of Indian nationalism. The refers to national liberation struggles or idea of ‘unity in diversity’ is the freedom struggles. Countries like India core of Indian nationalism. experienced this form of nationalism Discuss in the Classroom during the days of the freedom struggle. Read the sections titled: ‘Bharat State Mata’ and ‘The Variety and Unity of The Preamble of the Indian India’, in Jawaharlal Nehru, ‘The Discovery of India’. Constitution uses the words, ‘Sovereign Democratic Republic’. Here the word Discuss the concept of Indian nationalism on the basis of Nehru’s sovereignty means the independent writings on India in these two sections. authority of the country. It signifies that the country is not dependent on any other When we look at nationalism from a country for taking decisions. It is political perspective, we can see different independent to take its own decisions, forms of nationalism: formulate laws and govern. When people (i) Liberal nationalism: The origins of a nation want to become a sovereign of liberal nationalism are in the French country, it means they are demanding the Revolution. It is also seen in President right to self-determination. Freedom Woodrow Wilson’s ‘Fourteen Points’. It struggle is an expression of the right to links the idea of a nation to sovereignty. self-determination. It accepts that every nation has the right It is this urge for political self- to freedom and self-determination. determination that leads a nation in the direction of statehood. When does a Do you know ? nation become a state? A State must have the following characteristics to qualify for The Fourteen Points speech of statehood: sovereignty; independent President Woodrow Wilson was an government, territory and population. outline of his vision for a stable, long- lasting peace in Europe, the America A State is a political community. Its and the rest of the world following the presence is felt in almost all human First World War. activity. Activities like education, social 4  Some definitions of the State Aristotle: The state is a union of families and villages and having for its ends a perfect and self-sufficing life by which we mean a happy and honourable life. Jean Bodin: A state is an association of families and their possession governed by supreme power and by reason. Woodrow Wilson: State is a people organised for law within a definite territory. Harold Laski: A territorial society divided into government and subjects claiming within its allotted physical area, a supremacy over all other institutions. Aristotle Jean Bodin Woodrow Wilson Harold Laski (384 BCE-322 BCE) (1530-1596) (1856-1924) (1893-1950) An ancient Greek A French Jurist and An American statesman and a British political Philosopher Philosopher academic who served theorist as the 28th American President. welfare, defence, law and order, all are independent. For example, when India done by the State. Even personal matters was a British colony, there was a like registration of birth, getting a PAN Government of India. But it was not card or an Aadhaar card, registration of a sovereign independent government. marriage, etc. the State has a role to play. Therefore prior to independence India The State grants rights, provides justice, was not a State. ensures equality and guarantees liberty. Institutions of the State are ‘Public’ The State has the following elements: institutions. These Public institutions (i) Sovereignty: Sometimes this term is include various organs of the used interchangeably with the term government like the Executive, independence. But sovereignty is a Legislature, Judiciary, Bureaucracy, legal term while independence is a etc. Public institutions are responsible political term. It means that the for making policies, laws, taking country is legally sovereign with its decisions and implementing them. We own independent constitution. For have to make a distinction between example, India became politically these Public institutions and Private independent in 1947 but it became institutions. Private institutions belong a sovereign State in 1950 after the to the civil society. These include constitution came into effect. private businesses, clubs, etc. It is the (ii) Government: Every sovereign state public institutions that have legitimacy must have a government. The to act on behalf of the State. government must be sovereign and 5  Do you know ? Do you know ? All citizens are members of the Case of Palestine: The Palestine State. The decisions are taken in Liberation Organisation (PLO) has public interest by the government of been granted recognition as the the State. This authority to take legitimate representative of the decisions is called legitimacy. The Palestinian people. The PLO has also State has the legitimacy to take identified Gaza and West Bank as decisions in the interest of the people. the territory of the State of Palestine. However, Palestine does not have a sovereign government. Its territory is (iii) Territory: It refers to the geographic under the jurisdiction of the Israelis. boundaries of a state. A state must This is why Palestine is a nation and have a specific territory. The areas not a state. However, Palestine has of the State within which the State been a ‘Non-member Observer' State has the authority to govern is called of the UN since 2012 and more than jurisdiction. Jurisdiction is the legal a 100 members of the UN have given power that the State has to take recognition to Palestine as a State. decisions. Do this : Prepare a comparative What is meant by ‘territory’? chart showing the similarities and Territory has three aspects differences in the features of a Nation (i) The actual land within the and a State. national boundaries. (ii) The territorial waters along the coastline. This is State and Government 12 nautical miles (22.2 km or We normally use the terms State and 13.8 miles) along the coast line. Government without understanding the (iii) The air space above its territory difference between them. They are (there is no international law on the different concepts. State as we have seen height of this air space.) above, is a political organisation created for the satisfaction of the common needs (iv) Population: A State cannot exist of the people. A government is an agent without people. This population can of the State through which the will of the have any amount of diversity in State is formulated, expressed and realised. terms of language, religion, culture, Government is the main wing of the state. ethnicity, etc. Thus, a ‘State’ can Its main nature is administrative. Law comprise of many ‘nations’. For and order, welfare, etc. are some of the example, the Soviet Union had people main functions of the State. These of many nationalities like Russians, functions are preformed through the Lithuanians, Latvians, Estonians, government. A government has three Ukrainians, etc. Similarly, the United parts: The Executive, Legislature and Kingdom consists of England, Judiciary. You will learn about the concept Scotland, Wales and Northern Ireland. of Government in Section II of this book. 6  Some differences between State and Government State Government State is an abstract concept. Government is a concrete reality. State is more extensive than a government. Government is a part of the State It includes all public institutions and all members of the society as citizens. A State is permanent in nature. A Government exists for a specific time period. Systems of government can be changed. Governments come and go. The State is an impersonal authority. It is The government has an ideological politically neutral. agenda. It wants to implement policies to achieve that agenda. The State is a sovereign entity. The source of the authority of the Government is the State. Government is the means through which the authority of the State is exercised. We studied the concepts of nation, Rights, Equality and Justice. These are nationalism, state and government in this concepts that deal directly with the role chapter. In the next two chapters we will of the State. study some other concepts like Liberty, Please see the following websites for further information: The Discovery of India Jawaharlal Nehru The Discovery of India (Delhi : Oxford University Press, 1985 ) Chapter: 'Bharat Mata' Page: 59 Chapter: The Variety and Unity of India Page: 61 https://archive.org/stream/TheDiscoveryOfIndia-Eng-JawaharlalNehru/discovery-of-india_djvu.txt 7  Exercise 1. (A) Choose the correct alternative and 2. State whether the following statements complete the following statements. are true or false with reasons. 1. The term Nation is derived from the 1. Progressive Nationalism can create Latin word. differences amongst people. (Nasci, Natio, Natalis, Nauto) 2. Sovereignty means State has the 2. The origin of Liberal Nationalism is freedom to take its own decision. in the Revolution. 3. Palestine is a State. (American, Russian, French, British) 4. Expansionist Nationalism is a type (B) Identify the incorrect pair in every of Aggressive Nationalism. set, correct it and rewrite. 3. Express your opinion of the following. (a) Aristotle - German Thinker India is a State. (b) Jean Bodin - French Thinker 4. Answer the following questions. (c) Woodrow Wilson - American Thinker 1. What are the features of Nation? (d) Harold Laski - British Thinker 2. What is Nationalism? Explain its (C) State the appropriate concept for types. the given statement. 5. Answer the following question in detail 1. Force which holds the people to a with reference to the given points. sense of political loyalty to the Explain the following elements of the country - State. 2. The area of the State within which (a) Sovereignty (b) Government it has the authority to govern - (c) Population (d) Territory Activity : Identify the States with smallest territory and largest territory on the world map. 8  2. Liberty and Rights In a democracy, citizens have certain Thomas Hobbes : rights and duties. When those rights and Hobbes considers duties are secured by the State then we liberty as a natural can say the people have liberty. Right as right of an individual. a common privilege is given to its citizens According to Hobbes, by government. Liberty is an essential liberty is freedom feature of democracy. that an individual Liberty has to act without Thomas Hobbes (1588-1679) restraint. Fear and In this chapter we will study Liberty an English philosopher necessity inspires an as absence of restraints, freedom of individual to achieve choice, and availability of favorable liberty. Therefore, according to him conditions and attainment of happiness. absence of restraint is liberty. We will also study the negative and positive aspects of liberty and the concept John Locke : Locke considers liberty of liberty and rights as given in the as natural right of an individual. He has Constitution of India. explained the concept of liberty within the context of morality. It is morally wrong Liberty is also understood as freedom to hurt the right of or self-rule. Liberty means freedom. life and liberty of Emancipation from slavery, freedom from any individual. autocratic rule, and freedom from foreign One should enjoy rule is liberty. Liberty deals with personal, liberty without social and national freedom. Social, affecting the economic and political rights which an principle of individual needs for all-round development equality. Liberty is is also called liberty. an integral part of an individual. He Do you know ? John Locke (1632- 1704) has given great an English philosopher Freedom from foreign rule is importance to national liberty. Freedom given to an liberty. He maintains that all human individual for development of one’s beings are rational; therefore liberty personality is personal liberty. This should be enjoyed rationally. He does not is the difference between national advocate unrestrained freedom. In short, and personal liberty. Locke’s concept of liberty focuses on absence of restraint and freedom of Nature of Liberty : To understand choice. the nature of Liberty we will have to Jean Jacques Rousseau : Rousseau study the views of the following thinkers. looked at liberty from a collective 9  perspective. perspective of attainment of happiness. According to him He considered liberty and happiness as an individual interconnected concepts. To achieve liberty should keep one must gain happiness and eliminate personal interests sorrow. aside for social interests. His Jeremy Bentham’s principle of concept of liberty liberty : ‘The greatest happiness of frees the greatest numbers’. This is called Jean-Jacques Rousseau individual from a negative liberty. ( 1712-1778) class based system a Genevan philosopher and inequality. John Stuart Mill : Mill has supported According to him individual liberty and opposed unrestrained inequality is an obstacle in the attainment controls by the State. of liberty. He maintains that liberty frees His ideas are based an individual from the hurdles created by on the concept, that the rise of civil and political society. He ‘man has full control describes two hurdles on liberty: over his body and (i) One which prohibits an individual to mind’. These ideas think about public interest. (ii) One which of Mill are relevent is created due to inequality in society. John Stuart Mill even today. His Rousseau (1806-1873) ideas regarding liberty a British philosopher are found in his work ‘Man is born free but everywhere in chains.’ Rousseau was born in ‘On Liberty’. Geneva. He was considered the father Two Concepts of Liberty of the French Revolution. In his famous Rousseau did not consider liberty as essay, ‘Two a natural right as advocated by Hobbes Concepts of and Locke. He believed that the society Liberty’, first comes together to protect the life and published in interest of the individual. Therefore he 1958, Isaiah gave more importance to emancipation Berlin has from social inequality. He also stressed discussed about the freedom of Negative and Isaiah Berlin (1909- 1997) choice and Positive liberty. Russian-British, philosopher availability of Positive liberty and historian of ideas. favorable conditions emerged from in the concept of modern liberalism, whereas, negative liberty. liberty emerged from classical and neoclassical liberalism. Isaiah Berlin Jeremy Bentham : believed that liberty is unrestrained. Bentham looked at Jeremy Bentham (1748 -1832) liberty from the an English philosopher 10  Freedom of thought is the base of Do you know ? negative liberty. Jeremy Bentham strongly advocated negative liberty. He argued Explanation of some terms: that an individual knows how to protect Liberalism is a political ideology. Its his own interest; therefore the State should central theme is based on not bring any obstructions. In his book individualism. The core values of ‘Manual of Political Economy’, he liberalism are individualism, advocated free economy. Similarly, rationalism, individual freedom, J.S.Mill also spoke of negative liberty in justice and toleration. his book ‘On Liberty’. He supported non- Classical liberalism is based on a interference of socio-political system for belief of ‘minimum government’. In the protection of liberty. Mill also pointed such a system, the role of the state out the correlation between the freedom is limited to the maintenance of law of thought and the freedom of action. He and order along with personal promoted freedom of thought for the security. development of an individual as negative Modern liberalism propounds the liberty. But he also calculated the impact importance of the state. State of any action on society. He argued that intervention through welfare policies if any action can qualitatively impact on can therefore enlarge liberty by the society rather than an individual; then safeguarding individuals from the in such a situation Mill rejects the idea social evils. of negative liberty. Therefore Mill’s Neoliberalism has a strong belief in concept of negative liberty is different free market economies and from Isaiah Berlin. individualism. Key neoliberal policies According to Isaiah Berlin, freedom include privatisation, spending cuts of action is negative liberty. As per this in welfare schemes, tax cuts for principle, opportunity to act is important corporate among others. while the action itself is secondary. Negative Liberty : Negative liberty According to him, the impact of action is emerged from classical and neoclassical not considered important and hence it is liberalism. Thoughts of J.S. Mill, Isaiah not measured. Therefore, this principle Berlin, Fredrick Hayek and Robert Nozick does not give importance to quality. For have explained negative liberty. Negative example, this concept does not make a liberty opposes all restraints on liberty. It qualitative difference between choosing believes that the State should not interfere one’s education, profession, or suffer in the life of an individual. Non deprivation. He would rather give interference of the State in the social and importance to give opportunity to do these economic life of an individual is a actions than the outcome of the action characteristic of negative liberty. Any itself. restriction on the freedom of an individual Isaiah Berlin has mentioned the endangers liberty. Therefore, Negative following features of negative liberty. liberty opposes force, terror, coercion and (i) Individual should have complete the interference of the State. freedom of choice. He should not 11  have restraints on choice of Positive Liberty : Positive liberty is alternatives. Opposition to such advocated by Rousseau and Herbert restraints is a feature of negative Marcuse. The concept of positive liberty liberty. has emerged from modern liberalism. The (ii) Negative Liberty is based on Neo- concept of negative liberty cannot liberalism appropriately explain the idea of liberty. Modern liberals have advocated that there Fredrick Hayek and Robert Nozick is a correlation between liberty, equality, have also explained the concept of justice, fraternity and collective interest. Negative Liberty. Fredrick Hayek was a They also state that liberty affects equality neo-liberal thinker and an individualist. and justice. He described liberty as a hurdle-less situation. He opposed state interference in Positive liberty believes that law an individual’s life. He advocated guides an individual. It helps an individual economic freedom. According to him to enrich his personality. Rousseau has economic freedom is true liberty. There put forth the concept of Positive liberty should not be any control or restriction because he believed that the obedience to on true liberty. moral laws will enhance liberty. He accepted rational collective interest of the society. State is a sovereign power which represents the ‘General Will’ hence he supports the idea of state control over individual. Herbert Marcuse was a neo-Marxist thinker. He advocated positive liberty. According to him Friedrich Hayek Robert Nozick workers are unaware (1899-1992) (1938- 2002) an Anglo-Austrian an American of their objectives philosopher philosopher. and needs, hence for achieving liberty Robert Nozick is also a neo-liberal they need guidance thinker. He believed that whenever any from senior restriction is put on an individual without revolutionaries. his consent, his liberty is at risk. He Marcuse has advised that liberty should be protected explained his Herbert Marcuse from such restrictions. Hence, he suggested thoughts about (1898-1979) a German- that individual should be free from social, positive liberty in American philosopher. economic and State restrictions. his books, ‘One Dimensional Man’ and ‘Eros and Isaiah Berlin’s statement on Civilisation’. He said, “Scientific and Negative liberty : ‘I am slave to no technological development, has increased man’. standard of living but has not reduced Isaiah Berlin’s statement on inequality in society”. This has obstructed Positive liberty : ‘I am my own master’. cultural development of the society. 12 Therefore according to him, American individuals faced a sense of society has lost individual liberty and subordination in social life. An end self-esteem. He argues about positive to this subordination is another liberty that an individual is like a bird in dimension of liberty. For example, a golden cage; who has lost the ability ending of humiliation and insult, to fly high in the sky. He does not even gender inequality, superiority- think of rebelling as he has not experienced inferiority complex. They also the joy of freedom. He advocates collective suggested liberation of lower castes control as essential in community life, as from the domination of the upper a principle of positive liberty and hence castes as an essence of liberty. supports State interference. For example, in order to maintain a pollution free environment, collective action for community good is required. Therefore, use of force is justified for community well-being. Indian Concept of Liberty In India, Liberty is understood as Mahatma Jyotirao Phule Dr. Babasaheb Ambedkar emancipation. Traditionally, this is a (1827-1890) (1891-1956) spiritual idea, salvation or emancipation an Indian social activist an Indian jurist, economist and a thinker and social reformer from the cycle of birth and rebirth is considered as liberty. However, in modern times, liberty is understood as liberation (iii) Mahatma Gandhi accepted the concept from social constraints. of Swaraj as liberty. He spelt this out in During British India, the concept of his work, ‘Hind liberty was accepted in three ways, Swaraj’. The term (i) The British made some laws for Swaraj implies a protection of individual’s rights and combination of two liberties. For example, law of abolition ideas: Self (Swa) and of Sati system. The British propagated Rule (Raj). Swaraj and promoted western education means Self-Rule. His which introduced western idea of Mahatma Gandhi concept of Swaraj liberty in India. This influenced the (1869-1948) Leader of the Indian was comprehensive. social reformation and Indian freedom Independence movement Mahatma Gandhi did struggle in India. not accept Swaraj (ii) Mahatma Phule and Dr. Babasaheb only as freedom from British rule but Ambedkar spelt out various dimensions also as freedom from western cultural of liberty in India in the context of domination. Swaraj would mean a Indian society. Firstly, liberty means freedom from the trampling of freedom from caste inequality. humanitarian values. This concept Secondly, freedom from social gives more importance to self- constraints was also an important governance, self-discipline and human dimension of liberty. Similarly, some values. 13  Rights to hold public office and right In order to live, a person must have to criticise and oppose the some rights. Similarly, in order to develop government. Political rights are his personality to the best possible extent, normally available to citizens he must have some particular rights. in a democratic state. Harold Laski defines rights as ‘those conditions of social life without which no Preamble to the American man can seek, in general, to be himself Declaration of Independence at his best’. We hold these truths to be self- Rights can be classified as follows: evident, that all men are created equal, that they are endowed by their (i) Natural rights: Natural rights are Creator with certain unalienable parts of human nature and reason. Rights, that among these are Life, These are universal in character. The Liberty and the pursuit of Happiness. right to life and liberty are some examples of natural rights. Human Rights (ii) Moral rights: These rights are based on the conscience of the individual Every human being by virtue of being and the community. For example, a human being enjoys certain fundamental respect for a teacher or an elderly rights. These are called Human Rights. person is a moral right of that We are born with these rights, no one person. can take away these rights from us. These rights are not conferred by a ruler or by (iii) Legal rights: These are granted by the society, these rights are inalienable. the State to the people. They are Human rights are natural rights. They are usually enumerated or codified in related to the concept of Justice. These law. These rights are not universal, rights are universal in nature and are different countries with different given to all humans without any social governments would specify what discrimination. Human beings need these rights the people of that country have rights for development of their abilities, been granted. Legal rights are intellect and skills. Similarly, these rights enforced by law. are necessary to uphold human dignity Legal rights are of two types: and values. (a) Civil Rights: These rights relate Human rights include right to life, to the person and property of right to livelihood and freedom of the individuals. Right to life, expression along with the right to establish liberty, equality and property an organisation. These rights are dynamic, are civil rights. Civil rights are they develop with changing times, hence protected by the state. today we not only speak about civil and (b) Political Rights: These allow political rights but also discuss about people to take an active part in right to information and right to pollution the political process. These free environment. rights include right to vote, United Nations created the Universal right to contest elections, right 14 Declaration of Human Rights (UDHR) on 10th December 1948. This declaration tries Do you know ? to combine natural and civil rights and also includes the principles which are Right to Education was introduced essential for mankind like liberty, equality, as a Fundamental Right by the justice and fraternity. Constitution (Eighty-sixth Amendment) Act, 2002. This was implemented from 2010. Do this ! Make a list of the human rights enumerated in the Universal Do you know ? Declaration of Human Rights. The Right to Property was a Fundamental Right in the Indian The implementation of human rights Constitution. The Constitution (Forty- requires favourable social, political and fourth Amendment) Act, 1978 economic conditions. Since it is difficult removed this right as a Fundamental to implement these rights, we find that Right and introduced the Right to human rights are violated in the world. Property as a Statutory Right in African Americans are struggling to get Article 300A. an equal social status in the United States. India continues to experience caste-based discrimination. Women and children are The Constitution of India combines in a vulnerable condition and they appear both, the concept of Positive and Negative to be deprived of the rights granted in the Liberty. Article 19 of the constitution of Universal Declaration of Human Rights. India deals with different types of liberty while Article 21 spells out the limitations on liberty. According to Article 21, no Activity : Discuss and make a person shall be deprived of his life or note of examples of human rights personal liberty except according to violations. a procedure established by law. This article does not make any exception or Concept of Liberty and Rights in pre-condition for attainment of liberty and the Constitution of India thus gives individual freedom the status Part III of the Indian Constitution of human rights. Consequently, both spells out the Fundamental Rights of Indian citizens and foreigners may enjoy Indian citizens. The constitution the Right to Life. guarantees the following fundamental Indian judiciary has interpreted the rights: meaning of rights and liberty in its Right to Equality various judgements. These interpretations Right to Freedom become important in the actual Right Against Exploitation implementation in the concept of liberty. Right to Freedom of Religion For example: Cultural and Educational Rights In the 1963 ‘Kharak Singh vs The Right to Constitutional Remedies 15 State of Uttar Pradesh’ case, the Discuss Supreme Court upheld the Right to Movement throughout the territory of When we discuss human rights India. in the Indian context what is more In the 1981 ‘Francis Coralie Mullin important? vs Union Territory of Delhi’ case, Political and civil rights OR right the Supreme Court spelt out a more to food, shelter, clothing, health and comprehensive meaning of liberty. It education? interpreted the Right to Life as the Right to live with dignity. This Discuss included nutritious food, clothing, and shelter, freedom of expression Read the following. and freedom of movement as - I clean my house daily and throw fundamental rights. the garbage on the road. In the 1984 ‘Bandhua Mukti Morcha - I take photographs of foreign vs Union of India’ case, the Supreme tourists without asking their Court interpreted Article 21 in the permission. context of Directive Principles of - Some patrons smoke in the cinema State Policy. The Court included theater. health care for workers, protection to Discuss each of these statements children from physical abuse, in the context of the Right to Liberty opportunity and facilities for in the classroom. development, good education facility, maternal care and healthy working conditions as dimensions of the Do this : Find out various concept of liberty. Supreme Court cases that have In the 1989 ‘Ramsharan vs Union of focused on the rights and liberty of India’ case, the Supreme Court again Indian citizens. Discuss them in the interpreted article 21 in a wider classroom. context. The court included the protection of tradition, culture and legacy which give meaning to life as In this chapter we have seen the concepts of liberty. meanings of Liberty and Rights and also tried to understand them in the context of In the 2017 ‘K. S. Puttaswamy vs. India. In the next chapter we would be Union of India’ case the Supreme looking at two other concepts, Equality Court has declared that the right to and Justice. privacy is a fundamental right under the Constitution of India. Recently, the Supreme Court has included clean and pollution free water and air as aspects of liberty. 16  Exercise 1. (A) Choose the correct alternative and 3. State whether the following statements complete the following statements. are true or false with reasons. 1. The book, ‘On Liberty’ was written Legal rights are not universal. by. 4. Explain co-relation between the (Robert Nozick, Thomas Hobbes, following. J.S.Mill, Isiah Berlin) 1. Concept of Liberty by Thomas 2. The concept of Swaraj was spelt out Hobbes and John Locke by. 2. Constitution of India and Librety (Mahatma Gandhi, Mahatma Phule, Dr.Ambedkar, Dr.Rajendra Prasad) 5. Answer the following. (B) Complete the following sentence by 1. Explain Mahatma Gandhi’s idea of using appropriate reason. liberty. According to Jeremy Bentham, the 2. Discuss the concept of Human Rights. State should not bring any obstructions 3. Explain Isiah Berlin’s concept of in liberty because - Liberty. (a) State does not give liberty. 6. Answer the following in detail with (b) individual knows how to protect reference to the given points. his own interests. Elaborate the concept of Rights - (c) liberty is a hurdle-less situation. (a) Meaning (C) State the appropriate concept for (b) Natural Rights the given statement. (c) Moral Rights 1. Fundamental right introduced in (d) Legal Rights Constitution of India by 86th (e) Human Rights Amendment - Activity : 2. Rights based on the conscience of Make a list of Civil Rights in India. the individual and the community - 2. Complete the concept map. Rights to equality Fundamental Rights in Indian Constitution Cultural and Education Rights 17  3. Equality and Justice In this chapter, we will study the Therefore, equality is a rational concept. concepts of Equality and Justice. We will History of Equality : In political study the meaning of equality in the philosophy, the idea of equality has been context of equality before law, political studied since Greek times. The idea of equality and principle of equality of equality developed in the context of the opportunity. We will also study the types struggle against torture, absolute of equality. Similarly, we will try to monarchy, and unequal social conditions. understand concepts of legal justice, Aristotle, Hobbes, Rousseau, Karl Marx natural justice and social justice. and Tocqueville have contributed to the Equality development of the idea of equality. Equality is an important value in Aristotle had propounded the idea of human society. Equality does not mean equality in the ancient Greek city state uniformity. When we say all are equal system. His idea of equality was confined what we mean, is that all have to be to the citizens of the city state. His idea treated equally. Aristotle’s approach to of equality developed with reference to equality, had a narrow scope. In modern the ruler and the ruled. He considered times, the meaning of equality has them naturally unequal on the basis of broadened. Empathy, tolerance, self- their inequalities in intellectual and respect are aspects that are included in administrative abilities. In Athens, the the understanding of equality. Hence, term citizens excluded foreigners, slaves equality has a moral and collective and women. Aristotle tried to reduce dimension. In addition, today, equality is inequality through the idea of a also looked at as a political goal. constitution. He sought to remove the There are various types of inequalities concept of special status and advocated in the world. There exist natural and equality before law. In his book ‘The manmade inequalities. Natural inequalities Politics’ he explained the co-relation include differences in colour, height, between equality and justice. talent, physical strength, genetics, etc. Thomas Hobbes propounded the idea Manmade inequalities are created on the of natural equality in his book ‘Leviathan’. basis of caste, money, religion, etc. It is Hobbes argued that despite having accepted that individuals have different physical and intellectual inequality, all abilities, capabilities and attitudes. individuals must be treated as equals. It However, individuals should be given is important that every individual has equal opportunities to develop their skills certain rights as a human being. The and talents. There should be equality in government cannot take away these rights. social, political and economic system of This was his idea of natural equality. the society. The concepts of Liberty and Rousseau has analysed natural and Justice are judged on the basis of Equality. manmade inequalities. The idea of 18 pleasure grew in society. This led to man fulfilment of basic needs of the dominating others. It is the feeling of society. greed that gave rise to the concept of (ii) Human dignity is not possible when property and the concept of division of a society has social and material labour. It is the concept of private property inequalities. Hence, equality is and division of labour that led to the necessary to uphold the dignity of the exploitation of the people, leading to the individual. creation of artificial inequality by the rich (iii) Equality is necessary for mutual class. Rousseau further argued, that respect amongst members of a inequality is also created due to differences society. The equal opportunity for in physical strength and abilities of development of individuals is possible individuals. He suggested that equality only, when there is respect for each can be brought in through natural law. other. Karl Marx rejected the liberal idea of (iv) Social equality brings in fraternity. equality and propounded the socialist idea Liberty and equality are possible of equality. According to him, equality only when there is fraternity. can be achieved through the creation of Facets of Equality : The facets of a classless society. Marx gave importance equality are: to emancipation of workers from exploitation and equal distribution of (i) Equality before law and equal means of production. According to him, protection of law: Law treats all equality achieved through this would be citizens equally and it is equally different from the liberal ideas of equality. applicable to everyone. Rich and poor, strong and weak may not Tocqueville put forward the idea of necessarily have the ability to equality on the basis of the study of the implement this principle. In the American war of independence. The idea courts, rich and poor should be of equality developed in the process of judged on an equal criterion. Judiciary the abolition of the feudal system and the should not discriminate between establishment of democracy. According to black and white or rich and poor. Tocqueville, equality is necessary for Therefore, it is necessary to accept ending dependency and slavery of people. the principle of equality before law He argued that people give more and equal protection of law. importance to equality rather than Liberty (ii) Equality of Opportunity: Everyone in democracy. However, this does not should get equal opportunity for the mean that equality is achieved through development of their personality and the denial of freedom. enhance their qualities. Deprived Importance of Equality : Equality sections of population can compete aims to reduce inequalities. We need with privileged sections only when equality for: there is provision for education and (i) Equality is necessary to create just social wellbeing. Hence, equality of conditions. The acceptance of the opportunity is considered as a base principle of equal distribution of of equality. resources is necessary for the 19  (ii) Civil Equality: Civil Rights are Do you know ? equally available to all people. There will be equality before law. People The concept of equality is a will not be discriminated on the basis central idea of political philosophy. of race, colour, caste, religion, gender, There are three indicators of this etc. It also means equal punishment concept- for the same crime and equal Welfare equality: Fulfilment of protection of law. Law should not needs of an individual is more give privileges to any specific section important than what is readily of society. Special laws made for the available for him protection of the weaker sections of Equality of resources: It means the society like women, children, equitable distribution of resources physically challenged, backward classes, etc. do not violate the concept Equality of capabilities: The usage of civil equality. of resources by people is more important than the availability of (iii) Political Equality: Every citizen has those resources. an equal right to participate in the affairs of the State. This type of equality is possible only in a Do this. democracy. However, it is necessary Read and discuss about Amartya to make deliberate efforts to inculcate Sen’s Capabilities Approach to Equality. this concept in the society. Political inequality may lead to unrest in Types of Equality : There are five society. Political equality is based on types of Equality. Laws of Representation and Universal Adult Franchise. (i) Natural Equality: Natural equality considers all human beings equal. (iv) Economic Equality: Economic Natural equality does not mean equality is the foundation of political nature has created all men equal in equality. Economic inequality results their abilities and qualities. But, it into division of society. Economic means that, individual should not be equality means providing equal discriminated on the basis of their opportunity to all for one’s natural abilities and each one should development; absence of economic get an opportunity for development exploitation; prevention of of their individual personality. concentration of wealth and availability of essential goods and Plato and Aristotle did not believe in services to everyone. According to natural equality. However, Western Harold Laski, equality should be at Christian thinkers believed that all least regarding essential commodities human beings are children of the of life. Ernest Barker believes that same God. In modern times, Hobbes, the State should give equal right of Locke and Rousseau talked about property to all; but this does not natural equality in the State of mean that wealth should be distributed Nature. 20  equally. He maintains, that everyone major obstacle to social equality. There has a right to accumulate property is a need to make a simultaneous effort according to their ability. to achieve social and economic equality. Similarly, equality is necessary to achieve Discuss individual liberty. Search for the provisions of The In Indian society, there is a hierarchy Bonded Labour System (Abolition) of castes. Similarly, there also exists Act, 1976 and organise a debate in gender inequality in India. The patriarchal the class. system in India creates social, economic, political inequality amongst males and females. Along with this there is also an (v) Social Equality: Social equality unequal distribution of resources amongst means there would be no distinction the genders. Therefore, Mahatma Phule, between people on the basis on caste, Tarabai Shinde, Justice Ranade and Dr. religion, race, occupation, gender, Babasaheb Ambedkar argued in favour of etc. It is expected that every section just and equitable distribution of resources. of the society contributes to the wellbeing of the society. We have to accept the dignity of labour in Some aspects of equality on society. However, we still find which Indian thinkers focused- discrimination on the basis of caste, religion, race, gender, etc. in India. Similarly, we find racial discrimination in South Africa and Mahatma Jyotirao United States. Phule (1827-1890) Mahatma Phule and Dr. Babasaheb Ambedkar stressed on the concept of an Indian social social equality in India. They tried to activist and a thinker. awaken sense of identity and worked for Focused on elimination of gender and the upliftment of backward and weaker caste discrimination. sections of the society so as to give them a life of dignity. It is the responsibility of the State to Justice Mahadev ensure equal social status and equal rights Govind Ranade to all. This is ensured by the State (1842-1901) through legislation. For example, in India, Scholar and Social laws were made regarding abolition of Reformer. Founding untouchability. member of the Indian National Congress and a social reformer. Equality in the context of India Worked in the area of child marriage, In a diverse society like India, it is widow remarriage and women’s necessary to make efforts to achieve rights. social equality. The caste system is a 21  Tarabai Shinde Discuss (1850-1910) What will you do to help children a feminist activist. from economically backward families Focused on for their education? emancipation from rigid caste system. Justice Mahatma Gandhi Justice is an important concept in the (1869-1948) social and political life of a human being. leader of the Indian Justice is an ancient concept. Socrates independence movement. considered justice as a political virtue. Focused on social, For him, a good society is a just society. economic and political Plato has put forward the concept of dimensions and stressed on gender Justice in his work ‘The Republic’. He equality considered Justice as one of the characteristics of a human being. Aristotle Dr. Babasaheb argued that a society can achieve justice Ambedkar if it is able to create equality, balance (1891-1956) and proportion in a society. These an Indian jurist, definitions of Justice are of the Greek era. economist and social In modern times, the concept of Justice reformer. Focused on has emerged in different ways. They include natural justice, legal justice, social social, economic, political and cultural justice and gender justice. discrimination and elimination of caste According to John Rawls, ‘Justice’ system. should be the first feature of any social institution. The concept of justice emerges Dr. Ram Manohar from the actions and the needs of human Lohia (1910-1967) beings because there is a limitation of a socialist political available resources. The distribution of leader. Focused on resources, in terms of who gets what and elimination of when, is a key aspect of justice. dominance of English language, caste and men. Types of Justice : (i) Natural Justice: The concept of Dr. Amartya Sen natural justice is linked to the very (1933 - -) existence of a human being. A human an economist and being is part of nature therefore he philosopher. can intrinsically understand concept Focused on of right and wrong, justice and development of injustice. Justice based on the concept capabilities of of natural justice is universally individuals. accepted by all. Ancient Greek and Roman philosophers advocated the 22  concept of natural justice. Since man procedures. It means that cases naturally understands what is right should follow proper legal procedure, and what is wrong, there is no need correctly interpret the law and treat to create manmade laws. This is the everyone as equal before law. Justice meaning of natural justice. is related not just to an individual (ii) Legal Justice: Legal Justice is the but to the society. Robert Nozick application of the abstract concept of advocated the concept of Procedural justice through the implementation of Justice while Karl Marx, law. John Austin considered law as Dr. Babasaheb Ambedkar and John a means to establish justice as well Rawls argued as a means to suppress injustice. in favour of Justice is a precondition to law as Social Justice. without it, law will only be a means Karl Marx to suppress people. considers the State as an instrument of Do you know ? exploitation of Karl Marx (1818-1883) A German Philosopher Legal Justice includes the workers. This following: instrument is in the hands of the (i) Judiciary should be independent capitalist class. Since the laws are and impartial. made by the State, it is natural that they protect the interest of the (ii) The judicial proceedings should capitalists. Marx maintained that the be conducted in a tension free transformation of the capitalist system atmosphere. into a socialist system will ensure an (iii) There should be specific rules equitable distribution of resources. for judicial proceedings. The socialist system gives a priority (iv) The accused should be informed to the right of equality of the ‘have- about the charges against him. nots’ rather than the right of property of the ‘haves’. Thus, according to (v) The accused should have the Marx, implementing socialist agenda freedom to plead his case. is considered to be justice and that the Judiciary should be committed to (iii) Social Justice: Social Justice means socialism. the equitable distribution of goods and services on the principle of equality. It is necessary to ensure Do you know ? that the weaker sections get adequate Haves: Refers to that section of share in this distribution. Hence, the population who own the means social justice is also known as of production. distributive justice. Have nots: Refers to that section Procedural Justice and Social Justice of population who are predominantly are two approaches to Justice. the labour. Procedural Justice involves legal 23  John Rawls was an advocate of loans, health services, etc. for weaker Social Justice, who advocated the concept sections of the society. of