CONTENTS

1. Political Science

1-25

Meaning, Nature, Scope & Importance

Approaches to Political Science - Historical, Normative, Behaviouralism and Post Behaviouralism.

2. State

Meaning, Definitions and Elements

26-60

Origin of State - Historical Theory, Divine Theory, Social Contact Theory (Hobbes, Locke, Rousseau)

State and Civil Society in the Third World.

3. Sovereignty

61-75

Meaning, Characteristics and Kinds

Theories of Sovereignty - Monistic and Pluralistic

Sovereignty in the age of Globalization.

76-99

4. Law, Liberty, Equality and Justice

Law -Meaning & Kinds

Schools of Law - Historical, Philosophical, Analytical, Comparative, Social & Marxian, Law & Governance

Liberty - Meaning and Kinds

Equality-Meaning, Kinds, Law & Liberty, Liberty & Equality

Justice - Meaning and Defenitions

Dimensions - Social, Economic, Political and Legal. Rawl's concept of Justice.

5. Rights and Duties

100 -128

Meaning & Kinds - Civil, Political, Social, Economic, Human Rights and their safeguards

Duties towards the State, Groiuids of Political Obligations

Model Questions and Syllabus of Other Universities

Basic Concepts of Political Science 1

CHAPTER - 1

POLITICAL SCIENCE

Meaning and Nature

Definitions

Scope and Importance

Methods of Study

• Historical Method

• Normative Method

• Behaviouralism and Post Behaviouralism

POLITICAL SCIENCE

Introduction:

Since from ancient days Political science has been growing as a social science.

Greek philosopher, Aristrotle, who wrote a book ‘Politics’ and came to be known as father of political science.

During early days politics was called Rajdharma. Civics, Rugveda, Yajurveda, Atharvarnaveda, Samaveda, Manusmriti, Sukraneeti, Ramayana, Mahabharata Arthashastraare the treasure knowledge of political science.

Meaning and Nature of Political Science:

Political science is a social science. It is concerned with the political activities man's life.

It studies man in relation to state and government.

Hence political science is a science of state and Government.

To put it in other words, it studies political nature and behaviour of the individuals in the society.

Political science is comparatively of recent origin. The Greek political thinkers gave proper shape to this study. Aristotle, the father of political science wrote a book called "Politics". The term politics is derived from the Greek word polis, which means "City-State".

These city-states have been replaced by the modern states, which are vast in territory and population.

In the 16th and 17th centuries, the word state became fairly current in the English, French and German literature of political science.

Political science may be defined as a science, which concerns with the study of man's political ideas, institutions and activities.

The subject matter of political science is being identified as a systematic body of knowledge.

The Political ideas and institutions are the outcome of political nature of man.

Political nature of man is the result of his social nature.

The social nature of man is brought out by Aristotle, when he says. "He who is unable to live in society or who has no need because he is sufficient for himself must be either a beast or God".

It means that by nature, man is a social animal.

He is born in society, lives in society, grows in society and at last dies in society.

No individual likes to be called a beast, likewise no individual possesses the character of God. No man is sufficient for himself. One can't produce everything for himself, one has to depend upon the other.

Hence, either hook or by crook, man has to live in society.

Without society, his life has no meaning.

Man is also a gregarious animal. He is easily affected by sympathy and desire for sympathy. He prefers company of his fellow-beings. He admires and imitates others.

These social impulses compel man to live a social life. No man is self-sufficient and nature has not created him alike.

His needs are many and purposes numerous. For the satisfaction of his various needs he must associate with others and seek their cooperation. Such is the testimony of history. The general rule is that men live, and always have lived, in social groups.

By nature, man is also selfish and quarrel some at times. This aspect of the nature of man, and the instinct of living together and cooperating with one another requires adjustment of behaviour

according to some accepted rules. The most important rule of social conduct according to Aristotle is, "To do unto others as you would have others do unto you ". It means "I should provide for others the same conditions of life as, I wish you myself: Realization of this fact is a way of regulating human conduct. All conduct in society must conform to certain set rules of common behaviour.

A prerequisite of such a society is that it must be properly organized. An unorganized society is more a mob than a society. An organized society must also be territorially settled. There must also be mutual adjustment and cooperation.

This is possible through the enforcement of rules. Such an agency is called "Government".

Thus, the society so organized is called state, rules which determine social conduct are laws of the state and the individuals, who enforce the laws constitute the Government. The subject which deals with man in relation to State and Government is called political science. Thus political science may be called as a study of man in the process of governing himself.

Definitions:

Paul Jannet- "Political science is that part of social science, which treats of the foundations of the state and the principles of Government"

R.J. Gettell- "Political science is a historical investigation of what the state has been, an analytical study of what the state is and political ethical discussion of what the state should be"

J. W. Garner- "Political science begins and ends with the stale"

Bluntschli-"The science which is concerned with state, which endeavors to understand and comprehend the state in its essential nature, various forms of manifestation, its development"

Scope of Political Science:

Aristotle described political science as a 'master science' which made it perhaps the greatest contribution to the making of political science scientific.

The term "Scope" refers to the subject matter or the boundaries of a particular branch of knowledge.

There is no perfect agreement among the political thinkers as to the problems, which come under the study of political science.

Broadly speaking, there are three groups of writers holding different views on the scope of political science.

The first group of writers like Garies, Garner, Goodnow and Bluntschli restricted the scope of political science only to the study of the state.

The second group of writers like, Prof. Seeley and Dr. Stephen Leacock said that political science deals with government only.

The third group of writers like Gettell, Gilchrist, Paul Jannet and Prof. Laski maintained that the scope of political science extends to both state and government. Prof. Laski maintains that the state in reality means the government.

We may agree with the third group of writers that political science is a study of both state and government. Government is the steering wheel of the ship of the State. There can be no state without a government, as there can't be life without water. The state remains the central subject of our study, and the whole mechanism of government revolves around it.

The need of a government arises because there has been need for the state is deeply embedded in the basic necessities of human life.

When the state plays such a vital role in the life of man, it becomes all the more important to know in all its aspects, that is,

What the state has been

What the state is

What the state should be or ought to be.

What the state has been, involves the origin, evolution and the historical survey of the past. The knowledge of the past helps us to understand the present better.

What the state, refers to the existing structure, principles and practices of modern governments. An intimate knowledge of the past and present makes us wiser for the future.

The state as it should be covers the dream of an ideal state. How it can be achieved and how the principles may be conducted well. Political science looks to the future with the aim of improving political organizations in the light of changing conditions and changing ethical values. Here, political science enters the realm of political ethics and studies the moral problems of mankind in order to establish the principle of collective morality.

Political science deals not only with the political institutions but also with political ideas such as Socialism, Communism, Idealism, Utilitarianism, Individualism, Anarchism, Fascism, Nazism, Gandhism, Dictatorship, Feudalism and Democracy.

All these theories are the political principles or isms, which have been brought out by number of political thinkers. Political theories have exerted powerful influence on the development of state and government.

The subject matter of political science also extends to practical politics. If the study of practical politics is omitted, the very purpose of political science loses its essence.

. Further, the scope of political science is divided into five divisions which has been accepted by political scientists assembled in a meeting under the auspices of the UNESCO in September 1948 as under:

1. Political Theory: Discusses the origin of the state, its nature and functions of the state.

2. Government: Deals with the constitution organisation of the government i.e. Legislature, Executive and Judiciary, The forms of Government such as parliamentary, presidential, plural and Public Administration.

3. Political Institutions - It deals with the study of constitution, national, regional and local governments, political parties and other

comparative political institutions, public opinion etc.

4. International Relations: This part includes the study of friendly relations with other countries through treaties and agreements and also it covers international administration, international law, diplomacy and United Nations Organization.

Political science has been the field and main concern of the political thinkers of the past and present. In the process, they analyse justice,rights, freedom and other political facts. The importance is attached to the political setting, values and attitudes, which together make the political culture.

Political science, thus, enters into various fields and focusses on many horizons.

The process of specialization on the various aspects of the subject, orientation of methodology and other explanations have brought about a radical change in the scope of political science.

Importance of Political Science:

Political science deals with the basic problem of social life, that is the maintenance of conditions necessary for the full development of all individuals.

As such, its study is important in several ways.

The study of political science is very useful to the individuals and the society. As it is said by Bernard Shaw that "Political science is the science by which alone civilization can he saved".

Political science exerts its influence on the life and destiny of human beings.

Why political science has become so important in the life of man? It can be judged on the following grounds:

1. Knowledge of the State: The nature of state also means nature of man because state inherits people, Hence, to know about the nature of state it is better on our part to know the nature of man. Aristotle, the father of political science, said that by nature, man is a social animal. He has to live in a state.

He is an inseparable part of the state. No person lives outside the state. Naturally. He tries to understand the state in all its aspects. The study of political science enables the individuals to know how and why the state was organized in the distant past. For what it is containing, what are its objectives, aims and functions.

What is the position of individuals in relation to state and its authority. Such a knowledge enables the individuals to play a useful part in social and political affairs. Hence, there is increasing importance of the study of political science.

2. Rights and Duties ; The study of political science has become so important and essential for the individual who really wants to know his rights and duties. To be a worthy citizen he should be well aware of them. It is his bounden duty to know the laws, which give him the rights. It is the duty of every citizen to see that his rights are not put in danger either by the government or by anybody else. If so, what he should be and to whom he should approach. By all these issues, he has to depend upon the study of political science.

3. Age of Democracy : Modern age is the age of democracy. People themselves are said to be the rulers and the ruled.

The success of democracy depends upon the nature and functions of the Government.

So, the people with a sound knowledge of political science are public spirited and ever vigilant and they will not allow the Government to rule arbitrarily.

Only an intelligent electorate, having a sound knowledge of this science will elect their leaders intelligently during elections. If necessary, they may criticize the leaders and policies of the Government. This increasing importance of the citizens in democracy is another reason why we should study political science.

Thus, the function of promoting civil virtues and training the citizens in the art of democratic life is the special concern of political science. Modern democracies aim at the achievement of maximum welfare of the citizens. A welfare state is possible only with the voluntary co-operation of its citizens. And the study of political science ensures such co-operation.

4. Public Administration: Political science has occupied a special

significance for the business of public administration. Public

administration is one of the branches of the study that come under this science. Public administration is government in action. It touches all horizons of human life. The happiness of an individual depends upon the nature of administration under which he is living. A clean, efficient and just administration ensures all opportunities of good life. Only enlightened citizens can contribute to a good government and a potentially vibrant society. Therefore every citizen, under any form of government, must gain knowledge of political system.

R.H. Soltau remarked that political science is the concern of everybody with a sense of responsibility. This includes the quality of laws, administration, purity of judicial system, good management of public finance, the honesty of officials the way in which they are recruited. It supplies them with principles, which are to be followed in the conduct of public affairs. So its study is very essential to understand its very existence.

5. Public Affairs: The knowledge of political science is

indispensable for an individual because it enables him to understand

his role in public affairs, the affairs of his own locality, state, national

and international affairs, working conditions of various organizations,

the policies and programmes of political parties, direction, control

and supervision.

6. International Peace: The world of today consists of number of

states. Differences among them have led to wars. Modern wars are

highly destructive. They threaten the very survival of man on the

globe. In the words of Albert Einstein. "I do not know with which

deadly weapons the third world war will be fought, but I assure

you that if there is a fourth world war, people will use sticks and

stones. " . Likewise in the words of John F.Kennedy "Mankind must put an end to war, if not war will put an end to mankind".

To avoid wars between the states, all kinds of disputes and differences must be settled peacefully. It is necessary for all the states 10 establish friendly relations with each other. What is the role of UNO towards establishing these relations ? To prevent wars and to

promote peace and understanding among nations, the knowledge of International Relations is essential.

7. Welfare State : Modern state is a welfare state. Its functions are increasing enormously. The function of state is not only to maintain peace and order but also to look after the welfare of its people by providing necessities of life such as food, clothing and shelter. The welfare state tries to realise the objectives through economic planning, freedom from want, equality of rights, assistance from cradle to grave and democratic socialism.

8. To understand about Political-parties and Pressure groups:

In democractic states political parties and pressure groups play an important role. Political parties with their manifestos approach the voters at the time of elections. The party which secures majority forms the government. If no single party secures majority, then it can form coalition with the support of other parties. Other parties sits in opposition. In what way the ruling party administers according to the pulse of the people ? What is the role of the opposition parties, what is the use of pressure groups ? If we want to understand all this we have to study political science.

9. Political Theories: There are many political theories in the study

of political science. For eg. Direct and Indirect Democracy, Plural

Government, Monarchy, Dictatorship, Socialism, Communism,

World Government, Nationalism, Internationalism, Narism, Fascism,

Liberalism, Behaviouralism, Post-behaviouralism, Neo-Colonialism,

Imperialism, Theories of the origin of state, Civil Society, End of

Ideology, Modernism, Post-Modernism etc. are the subjects. If we

understand the merits and demerits of these theories our knowledge

will increase and it becomes easy for us to know which theory is

useful for the progress of the people. To understand all this we have

to depend upon the study of political science.

10. To bring the Government to Proper Track: The government

is created by man and hence it can make mistakes. It is the duty of

every citizen to criticise such governments and through this criticism

government will realise its mistakes and will try to come on the proper

track. Likewise the government must have to implement popular programmes. For this purpose peoples participation and cooperation is essential. Therefore, to bring the government to proper track and to understand about taking part in political activities we must study political science.

11. To understand the Constitution: The study of political science is of immense value to understand the constitution of a country.

For example, in India, constitution furnishes information on its nature, directive principles of stale policy, fundamental rights and duties, powers of the government, centre-state relations, etc. Knowledge of constitutional provisions help the people to measure the performance of the government. Constitution is a proper yardstick to measure the worth of the government. People with their understanding of the constitution can observe whether or not the government is following the provisions of the constitution.

12. Political Consciousness : Well informed electorate having a sound knowledge of political science is an asset to the nation. The lessons of political science enlighten the people to understand national

problems. People formulate definite views on taxation, budget, unemployment, planning, laws, policies, political parties, etc., provided they are politically enlightened.

METHODS OF STUDY

Historical Method:

HistoricalMethod is one of the traditional inductive method and also it is supplement of scientific method.

The researcher of political science studies with the help of the raw-materials supplied to him by history.

He makes certain generalizations on the basis of historical facts.

He learns about the origin growth of state and other political institutions from the past.

He proceeds with his studies from the past to the present.

Historical analysis helps him to draw definite conclusions.

Study of Past and Guidance for Future .

' Historical method not only explains about the past but also gives guidance for the future.

In his book "Principles of Political Science" (1938). Gilchrist observes that "History not only explains institutions but also helps us to make certain deductions for future guidance".

It is the rotate round which both inductive and deductive processes of political science-works.

As Gilchrist said that. "Free source of experiments of political science is history and they rest on observation and experience".

Every change in the form of government, every law passed, every war fought is an experiment in political science.

According to Laski. the study of political science must be an effort to codify the results of experience in the history of states.

Political institutions grow instead of being made. They are the products of history and to know them as they really are, we must grasp the evolution of all those forces which have moulded and shaped them in the present form.

It is only by knowing the past and "the present that we can plan for the ideal institutions of tomorrow. Laski has said, "what it is and why it is. it is by reason of its history.

Its becoming is the clue of its being and it is from that being we must wrest its secret". In brief, our traditions and institutions are determined by our past.

Advocates of the Method :

Montesquieu, Seeley, Savigny, Henry Maine, Freeman and H. J. Laski are the main exponents of Historical Method.

These exponents have used the historical method by taking historical sources like the memories and biographies of great statesmen and applied their intellectual judgement and common sense in writing political institutions.

They have explained the evolution of these institutions with reference to historical records.

The political activities and institutions of Egypt, China, Prussia, Greece and Rome have come to light through the historical study.

The Political thinkers have analyzed the growth of political institutions on the basis of history.

For instance, Sir Ivor Jennings and J. B. Mackintosh wrote on the Cabinet system of Government with reference to the 19th century British history.

The study of political parties in Britain was conducted by Samuel Beer by using the historical method.

Similarly W. A. Dunning in his book 'A History of Political Theories', mentioned that political theory is a historical record of the conditions and effects of political ideas.

The political scientist uses the facts that are related to the study of political science and not always the detailed facts of historical events.

Merits :

1. Historical method is so useful to the political researcher. It helps him to understand political institutions on the basis of historical records. For eg. Parliamentary system of government in England.

2. It is from historical method that the political scientist knows about the contributions made by Plato, Aristotle, Cecero, St. Augustine, St. Thomas Aquinas, Dante, Machiavelli, Bodin, Hobbes, Mantesqueu, Hegel, Mill, Karl Marx and others.

3. The historical method presents the origin and growth of political institutions.

No study of political science can be made without the proper use of historical method.

4. The historical method enables the researcher to broaden his mental horizon for the study of political science.

Demerits:

1. The political scientists who use this method may fall a victim to the temptation and draw misleading conclusions.

2. The explaination of political events depends upon the mental make up of the researcher. Therefore, it is wrong to say that all historical evidences are real.

3. The historical method being inductive does not lay down ethical or moral values. While studying political institutions the historical method fails to determine the ultimate standard of good and bad or right and wrong in political life.

4. Throughout the ages, changes have taken place rapidly in the society. The social and other conditions may undergo rapid changes, some of which may be revolutionary. What was true about political institutions, a thousand years ago, may not be true today.

Inspite of all these drawbacks, the significance and advantages of historical method should not be minimized. The proper course is necessary to use the method carefully and cautiously.

While studying political science on the basis of historical method, the researcher has to be cautious about the following factors.

1. No importance shall be given to external factors while studying political science.

2. History repeats is half truth.

3. Historical method cannot be used formally.

4. While doing research no importance to be given to assumption.

5. The researcher must have broad approach.

6. History not only explains about the past but also is future guidance.

NORMATIVE THEORY

Nature and Meaning:

Normative Theory is also known as speculative, metaphysical and value-laden theory. It takes the study of politics closer to ethics and philosophy. The reason is that here a student rambles in the realm of imagination to discover an ideal solution to the problem. For instance, Plato's dream of a perfect state under the rule of a philosopher king. Similarly Gandhi's goal of a Ram Rajya. The place of values and goals is predominant here. For this reason, Keneth Thompson designates it as the study of politics in terms of ethical desidereta. According to normative theory, moral issues are raised with the conviction that people are essentially good and they seek to do the right thing in their individual and collective capacities.

Rousseau, Kant, Jermy Bentham, T.H.Green, J.S.Mill, Barker, Laski and Karl Marx are regarded as the advocates of normative theory.

These theorists are concerned with things as they ought to be and not with reality. They assumed the role of a reformer and suggested the path which might help mankind to overcome obstacles in the way

of peace, goodwill and harmony. They favoured the significance of values like liberty, equality, rights, justice, co¬operation, peace and non-exploitation.

Marxian approach assumes a normative character. His ideas hopes for total emancipation of man in the social development-an era in which glorious human values shall prevail. By this we come to know that an imperfect social or political order could be made perfect.

Normative theory is prescriptive because it lays down certain standards of evaluation and suggests measures for improvement of what is imperfect. Alfred Cobbon said that the function of normative theory provides criteria or judgement.

John Plamenatz said that the aim of this theory is to create

commitment to certain values. The theory try to establish reconciliation between two sets of values. For instance, Plato and Aristotle defended liberty for the aristocratic class. Tawney and Laski tried to harmonize liberty with equality.

The advocates were of the opinion that law and order are political values which are to be preserved at all costs. After the French Revolution, the normative theory justified that individual happiness and social justice are important values compared to mere maintenance of law and order in the society.

The advocates of normative theory tried to strengthen the old connection between sovereignty and government. Edmund Burke maintained that the state has to maintain political traditions of society. Hegal developed normative theory by saying that the state represents the ultimate achievement of rational world spirit. He said that state is the march of God on the earth.

Similarly, Papacy made an attempt to defend the state on the basis of normative considerations. He said that God is true source of political authority and that to rebel against the government is a sin against God Himself.

Normative theory has undergone several changes in its contents from the ancient period to the modern period.

In the study of political science normative theory has been classified into three categories. They are

1. Scientific Research : In the post 20th century, the political scientists were busy making scientific research in the study of political science. They came to know that if scientific analysis is made without understanding reality, the normative analysis becomes meaningless. Hence, political scientists argued that the scientific analysis based on ancient approach will not be effective one. The works of Plato, Aristotle, Machiavelli, Hobbes, Locke, Rousseau are regarded as the treasure of knowledge. If modern researcher gives importance to these works, political philosophy becomes value-laden. Therefore,

David Mathew was of the opinion that it may give importance to political analysis.

2. Meaningful Discussion of Normative Questions : While discussing normative questions political scientist finds values. For eg.: the government which implements the health care program is value based one. It can be discussed, intepreted, analysed and the same can be accepted or rejected.

3. Formal Analysis : With the help of formal analysis one can understand the value based study of political science. The researcher who makes formal analysis must have to consider scientific and positive factors. For eg.: The aim of all the political parties is to win the election. Therefore, they present their manifestos before the voters. The voters who accept the manifestos will select the party to power. Here we can find that importance is given to formality -itself becomes normative.

Criticism

Normative theory is criticized on the following grounds.

1. It is deductive, speculative, hypothetical, abstract, imaginative and Utopian.

2. It is based on ideal assumptions. Hence it is away from reality.

3. Its premises cannot be put to an empirical investigation and hence it is unscientific.

4. It fails to consider real politicals as understood by Machiavelli or Hobbes.

BEHAVIOURALISM

Nature and Meaning:

Behaviouralism came to the forefront after 1940 In political science, behaviouralism is called human behaviour.

It includes behaviour of an individual.

Human behaviour is recognised by two factors.

1. Motivation 2. Transformation

To know how man is transformed by motivation itself is the meaning of behaviouralism.

For the first time Frank Kant of America wrote a book "Political Behaviour" in 1920 which became most useful for researchers.

With this we can understand that there was important development in the study of political science.

Hence it is also called as Political Behavioural Theory, Political theory of Experience and Scientific Political Theory.

Behaviouralism is the most important development in political science in the 20th century. It is also considered as a new approach to the study of political science.

Graham Wallas holds that politics without the study of psychology of the individual is meaningless, because behaviour of an individual influence on the political events.

Later Bently, Prof. Charles Marrium, Harald Lasswel, David Truman, Simon, Gabreil Almond, Catlin etc.

began to emphasize behavioural approach to the study of political science. Behavioural method of study converted into political study by Herald Lasswell and Gasnet.

It was felt that without behavioural method study of problems can never be perfect.

Behaviouralism emphasizes scientific, observational and quantitative methods.

Herbert Tingston wrote a book Political Behaviour Studies In Election Statistics".

In this book he has given importance to the study of electoral behaviour.

David Easton an American Behaviouralist said that the study of politics is possible through the input and output system.

Bentley advocated the significance of the role of group

behaviour. In his "New Aspects of Politics" Merrium has given a call to political scientists to study political behaviour of a man through his political experience.

In its broader sense, we can say that behaviouralism is a new method to study political events on the basis of experience.

The purpose of this method is to study man's political behaviour. How he behaves while participating in the political system.

Definitions:

Dahl: "Behaviouralism is an attempt to interpret political life through scientific methods that are acceptable according to the assumptions".

Heinz Eulou: "Behaviouralism is concerned not only with the acts of man but also with his cognitive, effective and evaluative process which refers directly or indirectly to his behaviour".

S.P. Verma : "Behaviouralism is a renewed effort to make use of physical and biological sciences in political science".

Vernan Van Dyke : "Behavioural approach tries to understand man's political activities and electoral behaviour."

Therefore, we can say that behaviouralism is a new approach to the study of political science.

Features of Behaviouralism:

David Easton one of the advocates of Behaviouralism, has given some characteristics which are regarded as the foundations of behavioural approach. They are:

1. Regularities: The political behaviour is determined by so many factors and is not always uniform.

Human beings behave more or less in a similar manner.

Voting behaviour is the most striking example. The voters belonging to a particular caste, economic position, or social status vote for the same party or the individual in successive elections. From this regularities in the political behaviour can be predicted.

2. Verifications: Generalizations can be accepted as valid only if they are tested and verified by reference to relevant behaviour.

behaviouralists asserted that political science deals with the behaviour of individuals and groups of individuals and that this behaviour can actually be observed and verified.

3. Techniques : The behaviouralists emphasize that political researchers should adopt correct technique for collecting and interpreting data. They should use research methods to generate valid data. They suggest the use of such research tools as multi variate analysis, sample surveys, mathematical models, simulation etc.

4. Quantification: The behaviouralists have faith in quantification and measurement. They agree with Bentley who said, "It is impossible to attain scientific treatment of material that will not submit itself to measurement in some form. Measurement conquers chaos. "Therefore, they insisted that all data for research in political science should be quantified and all generalizations must be based on quantifiable data.

5. Values: The question of values is the most debated issue between the traditionalists on the one hand and the behaviouralists on the other. The behaviouralists argue that ethical values and facts are two separate things and should be kept separate in political analysis. The truth or falsity of values cannot be scientifically established. Scientific inquiry to be objective must be value-free.

6. Systematization: The behaviouralists emphasize that research in political science must be systematic. By this they mean that research should be theory-oriented and theory-directed. Theory and research, they say, should be seen as "closely inter-related parts of a coherent and orderly body of knowledge". Research without theory may prove to be trivial and theory unsupported by data, futile.

7. Pure Science: The behaviouralists insisted that researchers in political science should adopt the pure science approach to their work. They should attach more importance to the discovery of uniform laws of political behaviour than to the finding of solutions to the urgent social problems.

8. Integration: The behaviouralists attach great importance to the integration of political science with other social sciences. Although different social sciences deals with different aspects of human life. The

boundary lines between them are not clear-cut and well-defined. It is, therefore, not possible to understand the political behaviour of man independently of other aspects of his life. The behaviouralists insist the political scientist not to ignore other social sciences. Merits : The following are the merits of behaviouralism.

1. Influence : Under the behavioural approach the structural-functional analysis, and input-output analysis are formulated on the basis of influence.

2. Decision - Making Approach: Behaviouralism is regarded as the best method as it has been developed by adopting game theory, communication theory and their models.

3. Research : Behaviouralism provides for making research on people's participation in politics, problems of leaders, Voting system, the role of political parties and pressure groups and people's opinion during election. Behaviouralism also provides information to the study of political science on the basis of statistical datas through research.

4.Opinio.* Surveys:

The medias will make use of behaviouralism for understanding about which party will win in the election on the basis of policies of the government and the popularity of political leader. The people's response can be measured on the basis of religion, caste, area, sex, income, profession, age etc. Pre-pollexit analysis is the instrument through which the election result and the strength of political parties in the Lok Sabha and State Legislative Assemblies can be made effectively. There is a truth that the behaviouralism has been using in all the countries of the world.

5. Provision for new methods: Behaviouralism provides for new methods and new thoughts. By utilizing this method the study of political science will have new dimension.

Demerits:

1. Cannot Adjust with Change: Behaviouralism cannot adjust with the change as it has to study individual's unstable behaviour. It can be used during normal times and not during abnormal times.

2. No profit to Political Science: If behaviouralism is compared with the study of historical, philosophical, analysis and methods we can understand that there is no profit to political science.

3. Not a clear method : Behaviouralism is not a clear method. Even if it tries to make scientific analysis there is no chance for clear explainations.

4. Not giving priority to values: The traditionalists contended that facts cannot be separated from values. It gives no priority to values. Behaviouralism is meaningless as it gives attention to individual's present behaviour and not about his future behaviour.

5. It Lowers the Status of Political Science : By the use of

behaviouralism study of political science will come down. It gives importance to the study only about political parties, election, public opinion and does not understand about the affairs and happenings of the government.

6. Ignores International Issues: The traditionalists criticized the behavioralists on the ground that the behavouralists focus their attention on petty problems and group behaviour by ignoring international issues. Behaviouralists said that political science gives importance to practical elements and ignores theoretical issues.

7. Defective Analysis : Bay holds the view that behaviouralists analysis is quite defective. Because they consider American institutions as best in the world. Leo Strauss said that behaviouralist are biased more in favour of democracy and advocates American interests rather than universal interests.

POST - BEHAVIOURALISM

Nature and Meaning:

During Sixties Behaviouralism was the movement against traditionalism. But Post-behaviouralism is a protest movement against behaviouralism. Post-behaviouralism is a future guidance. It tries to take away political science in a new direction and defends earlier significance. David Easton has pointed out that "post-behavioural revolution is future oriented, it provides direction for the future, it does not oppose reforms, but itself is a reform".

Post-behaviouralism desires to stimulate researchjn the areas . of political science which are of crucial importance and have been ignored. This new doctrine takes a bold step in the direction of exploring new avenues of research. It is not a new politics. It is a new image of political science and promises new obligation of the researchers and political scientists.

David Easton is regarded as the father of post - behaviouralism.

Growth of Post - Behaviouralism:

1. Failure of Behaviouralism: Behaviouralism was a movement against traditionalism and behaviouralism. It was a synthesis between the two schools of thought. Philosophical, historical and institutional approaches did not worry about human behaviour and neglected the scientific analysis of human problems. Thus it failed to solve problems of nuclear war, hunger, poverty, disease etc. Therefore, post-behaviouralism rose against it.

2. Disillusion of David Easton : David Easton the founder of behaviouralism got disillusioned with behavouralism. In his presidential address to the Annual Convention of American political science Association held in 1969 declared that he felt dissatisfied with the political research and teaching made under the impact of behaviouralism. Political science began to lose its importance as the behaviouralists

were far away from reality of social behaviour.The |->eginning of a new development itself is Post-Behaviouralism.

Basic Concepts of Political Science 23

3. Over - Emphasis of the Behaviouralists on Research :

Behaviouralists were anxious to develop new research methods in political science, but they tried to divorce political science from philosophy, history and law. With this the behaviouralists lost touch with the realities of life. David Easton felt that they had been wasting their precious time only in developing methodological techniques and started ignoring behaviouralism. As a result Post-Behaviouralism was developed.

4. Dissatisfaction with behaviouralism: The people got fed up with behaviouralism which failed to sovle practical problem of the world even after spending crores of rupees on research to develop new methods and techniques. As a result post-behaviouralism arose as a protest-movement against behaviouralism.

5. Failure of behaviouralists to convert political science to solve problems: The behaviouralists devoted their time only to conceptual frame work, models, theories and spent crores of rupees and precious time but did little to solve social, political, economic and cultural crisis of the world. The post-behaviouralists asked what was the use of research of the behaviouralists. For this reason, post-behaviouralism developed with the collapse of behaviouralism.

Features of Post-Behaviouralism:

1. Opposition to make Political Science Value-Free: According to David Easton the Post-behaviouralists opposed to make political science as value free science. Research and values are inseparable parts of the study of politics. Science cannot always evaluate neutrality. Hence, by understanding the limits of our knowledge we must be aware of the value premises.

2. Protest Movement: The behaviouralists who boasted of their relevance to the actual political problems had themselves cut-off from the realities of life. David Easton asserted that role of the intellectuals has been to protect human values. But behaviouralists failed to realize this goal. Waldo asserted that political scientists should be concerned with values, justice, freedom, equality, stress.

24

Political Science

turmoil and inequality. There is a need to consider issues of public policy and political reforms. Therefore, Post-Behaviouralists asserted that political science must be relevant to society and importance should be given to justice, liberty, equality and democracy.

3. Intellectuals Movement : The Post-behaviouralism is not confined to a particular section of society. It is a sort of intellectuals movement and all sections of the society were its followers. From young graduates to old members of the profession participated in this movement. Therefore, Post-behaviouralism is called as intellectuals movement.

4. Well-being of the Society: The Post-behaviouralists wanted to link their research methods and theories to solve the present and future problems of society. In this regard David Easton said that, "Post-behaviouralism is another revolution to the response of behaviouralists. Therefore post-behaviouralism is future oriented. It is relating to the future well-being of the society. It seeks to probe political science in to new direction.

David Easton's Recommendations:

David Easton has described eight features of behaviouralism which are called as intellectual foundation stones of the movement. Here he has given seven recommendations which are called as the Credo of Relevance. The following are the seven recommendations.

1. Importance to Techniques: David Easton has given importance to techniques. It may be good to have sophisticated tools for investigation.

2. Emphasis on Social Change : The contemporary political science should place its emphasis on social change. Post-behaviouralism has confined to the description and analysis of facts without taking scientific care.

3. Political Science Should Not Loose Brute Reality of Politics

: The behaviouralists had lost touch with brute realities of politics. Post-behaviouralists questioned what is the use of research if political

Basic Concepts of Political Science 25

scientists did not find the solution of the ills of society and needs of mankind.

4. Political Science Should Have Values: David Easton holds the view that political science should have values. Values play an important role in political research and they are force behind knowledge. In the wake of scientific research the values could not be ignored. If knowledge is used for right goals, values would be restored to their proper place.

5. Protection of Human Values: The political scientists, being intellectuals must protect and promote the human values of civilization. If the political scientists continued to keep themselves away from social problems, they would become more technicians, in the society.

6. Emphasis on Action: David Easton asserted that "to know is to bear the responsibility for acting and to act is to engage in reshaping society. The science might have been good in the 19th century when there was a broader moral agreement among nations. But it was out of place in the contemporary society. Research should be oriented towards social and political ills of society and methods to remove them.

7. Need to Politicize Profession: Political scientist have to play a positive role in the society. In order to achieve its goal it becomes inevitable that all the professional associations and universities must be politicized.

CHAPTER - 2

STATE

State

Meaning, Definitions, Elements

Theories of the Origin of State

Evolutionary Theory

Divine Theory

Social Contract theories of Hobbes, Locke, Rousseau

Civil Society

State in the third world.

State, Society, Nation and Government have definite meanings of their own and should be clearly distinguished one from the other. The detailed study of these terms are explained as under.

Introduction:

The term state is the central subject in the study of political science. Sometimes, the word state is used for government. Thus we talk of state management, state aid, state regulations, state officer, but we actually use the word state for government.

Likewise, we call Karnataka a State, which is not a State at all. The 28 states of the Indian Republic or the fifty states of the USA, we do not give the word its scientific meaning. None of them is really a State. In Political Science, the term State has a more specific and definite meaning.

It is wrong to compare the word state with government and society. Hence, it is necessary to understand clearly what is menat by state. Meaning and Nature:

Originally, the word State has been derived from the Greek & Romans who used the word Republic & Civitas. The Teutons used the word status. The word 'Polis' means a 'City-State'.

The term State was first used by Machiavelli in his book 'The Prince' then it was adopted by others.

There can be no community without the people to form and there cannot be common life without a definite piece of territory to live in.

When people live a collective life, they fulfill the meaning of Aristotle's famous phrase "Man is a Social animal" and when they live a settled life on a definite territory to realize the purpose of collective living, they fulfill the meaning of Aristotle's second famous phrase "Man is a Political animal".

The people are bound by rule of common behaviour and their violation is accompanied by punishment.

Society meets man's companionship. Thus the state is charged with the duty to maintain those conditions of life for which the State has come into existence and for which it continues to exist.

The state is therefore, a potential and universal institution.

It is natural because it is rooted in the reality of human nature.

It is necessary because, as Aristotle said, "The State comes into existence originating in the bare needs of life and continuing in existence for the sake of good life".

Man needs the state to satisfy his diverse needs.

Without a state, he cannot rise to the full stature of his personality.

In fact, in the absence of state, society cannot be held together and there will be disorder and chaos, what food means to the human body, the State means to man.

The state is universal because it has existed whenever and wherever man has lived in an organized society. Thus state is a properly organized society, which always territorially settled.

The society so organized is called the state, the rules which determine social conduct are the laws of the state and the individuals who enforce the laws is called the government.

Definitions:

There are varied definitions on the term State. 'Only few of them are given as under'.

Aristotle - "State is a union of families and villages having for its end a perfect and self sufficing life, by which we mean a happy and honorable life'.

Woodrow Wilson - "State is a people organized for law within a definite territory."

Bluntschli - "The State is politically organized people of a definite territory".

Holland - "State is an assemblege of people occupying definite territory under organised government and subject to no out side control".

Prof. Laski "State is a territorial Society divided into government

and subjects claiming withing its allotted area, a supremacy over all

other institutions".

Elements of the State :

The State possesses the elements of - Population, Territory, Government and Sovereignty.

1. Population: Population is an indispensable factor of State.

It is wrong to think of a state without population.

The population and the land are the starting point of any study of an individual in his organised groups.

It is thus population, which makes a state.

The population is divided into two classes - the governed and the governors or the rulers and the ruled. Further it is divided into two classes citizens and aliens. The membership of the state is compulsory, where as the membership of the aliens is temporary.

The question arises that how much population or how many people can constitute a state ?

This question is difficult to answer. We cannot lay down any hard and fast limit on the size of the population.

The members of one family do not make a state.

Plato and Aristotle put definite limitations on the population of the state. Their ideal was the Greek City state like Athens and Sparta. Plato fixed the number at 5040 citizens. Aristotle held the view that the number should be neither too large nor too small. It should be large enough to be self-sufficient and small enough to be well governed.

Rousseau determined 10,000 to be an ideal size for a state.

The global population is 575 crore, China has 135 crore, India has 105 crore, Vatican City 1000 people, England 5.14 Crore, San Fransisco - 31000.

The modern tendency is in favour of a huge population. It is believed that manpower is the sinews of war and power. Hitler and Mussolini's Governments gave bounties to couples producing more and more children.

Issueless and unmarried persons were taxed, Russia also encouraged the growth of population.

In India, the problem is to curb population growth through the adoption of family planning.

There must be quantitative as well as qualitative factors to determine the population problem. Aristotle rightly said that a good citizen makes a good state and a bad citizen a bad state.

A good citizen must be intelligent, disciplined and healthy.

Healthy citizens are the health of the State. If the people are intelligent and hardworking, the State will produce good things and such things will have worldwide market. For example there is a tendency among the people to purchase the goods that are manufactured by Japan, England, Germany, etc. This is because of the human skill of these countries and also quality performance of these goods. Therefore, intelligence of the people counts and it ultimately results in the allround progress and prosperity of the State.

2. Territory: The second element of the State is territory. It is not possible to form a State without territory.

If we do not have a definite territory, we cannot have a definite population.

Wandering people cannot form the State. Some fixed or definite territory is necessary on which the government can be established, and people can live.

Today the Jews have become a state because they have settled on their definite land .

Israel.

What or how much teiritory is necessary to constitute the State? Some states are big in territory and some are too small. There is no limit regarding the size of territory. For instance, the Vatican city in

Rome has 0.44 Hectares, Nauru 21.30 Sq. Kms., Monaco 1.95 Sq. Kms. The European States like Britain, France, Germany, Holland, Belgium, Denmark etc. are like the various states of the Indian Union.

A state is a state whether big or small. There are some other states whose territories have scattered into large or small parts. For e.g. Japan consists of the four main islands - Honshu, Hokkaidu, Kyushu and Shikoku. The Philippines consists of as many as 7083 islands. AnH^rnan and Nicobar and other islands

are far away from the mainland of India. But this doesnot prevent them from being taken as parts of India. .

Territory has a wider meaning. It includes land, mountains, forests, rivers, lakes, minerals and so on so forth. It also includes ocean waters [territorial waters] and the air space. It is because of this extended meaning of territory that aliens cannot use, without prior permission of state's territorial waters or air space just as they cannot use its territory. The various international airlines, which fly their planes to the various countries, do so with specific arrangements with the countries. If someone wants to make an unscheduled flight to a country he must seek the necessary clearance from the country.

The size of the territory of a state also depends upon its climate, geographical location and the policy of its rulers. Hot and cold climate are not conducive to the growth of the country. Whatever the size of the territory may be, there should be proper balance between the population and territory of a state.

3. Government: Government is one of the important elements of the state. It is an agency of the state through which the will of the state is formulated, realised and expressed.

It regulates, controls and directs human behaviour.

If there is no government, there can be no state.

They would divide themselves into groups and parties and thereby conflicts and disputes will arise among them. It is therefore, essential that there should be a government to regulate administration and prevent crises at any level.

The state cannot and does not exist without a government.

For. E.g. Before" 15th August 1947, India was not having its own government.

It was not having the status of a state.Thus, it is the agent of the state. The purpose of the slate is served through the government itself.

According to Giddings, "Government is the chief progressive organ of civil society".

There are different forms of government such as parliamentary, presidential, monarchy, plural, dictatorship etc. The government of a state consists of three branches:

Legislature is law-making body, Executive is law-enforcing body, Judiciary is law-interpreting body and Administrative department is law implementation wing.

The work of the government is to implement the policies and programmes of the State and to regulate, control and direct the activities of the people in general.

4. Sovereignty: Sovereignty is the most essential and distinguishable feature. People inhabiting a definite portion of territory and having a government do not constitute a State.

Sovereignty is{ he supreme power of the state, by which the state can force discipline on all. State alone possesses the soverign power and none.

Sovereignty has two aspects, internal and external.

Internal sovereignty is the states monopoly of authority inside its boundaries and over its people. It can make laws and extend them over its people. Disobedience to these laws will be met with punishment or penalty.

External sovereignty implies freedom from foreign control. It is free from foreign aggression.

For instance, before 1947, India was under British rule. Then it was not called sovereign state.

Thus, sovereignty of the state should be internally supreme over individuals and associations and externally independent from foreign control. A sovereign state enjoys equality and independence in its relations with other states.

THEORIES OF THE ORIGIN OF STATE [

The origin of the state constitutes one of the most fundamental and persistent problems of political science.

Time and again, philosophers have raised and tried to answer such questions as: When did the state came into existence ?

Who brought it into existence ?

The problem of its very existence is difficult to solve. So far there has been no definite information on this.

Political thinkers have taken pain to dig out the secrets of the origin of the state.

To some thinkers, the secret of the origin of the state is in the will of God, to some in the social contract and to some in the process of evolution.

The following theories have been advanced from time to time to examine the origin of the state.

EVOLUTIONARY OR HISTORICAL THEORY

The state has passed through different stages of development.

State was not created on any single day or at any particular stage. It is the product of a slow and steady growth. As Garner puts it, "The state is neither the handiwork of God, nor the result of superior physical force, nor the creation of convention or contract, nor a mere explanation of the family, but a gradual growth".

Aristotle has rightly observed that the 'state has came into existence for the sake of life and continues in existence originating the bare needs of good life'.

It is very difficult to say how and when the state has come into existence. It must have emerged by various influences and conditions. Apart from the influences of physical environment and geographical conditions, the state has evolved with the help of five important factors such as

1. Kinship : The earliest form of social organisation was based upon blood relationship and kinship was the first and the strongest bond of unity.

Kinship means blood relationship.

Maclver has quoted that 'Kinship creates society and society at length creates the state'.

Family is said to be the primary unit.

The members of the family are tied together by blood relationship.

Kinship strengthens the feeling of unity and solidarity, which is essential to political life. The caste system is on account of unity among the members of clan. It develops a sense of attachment among all. Thus family is the first link in the process of evolution of the state.

The expansion of the family subsequently led to the multiplication of families and thereby over a course of time the clans and tribes were formed. Thus, families, clans and the tribes resulted in the emergence of society.

It appears that even the origin of the government had its roots in the fami ly. The authority of a father over the family and obedience of the family to the father and the inner discipline of the family, must have resulted the emergence of government.

2. Religion: Religion played a vital role in the formation of state.

Religion was sign and seal of common blood. The expansion of family into clans and tribes inspired a common form of worship.

Primitive men were at the mercy of natural forces such as thunder,

storms, wind, moon, light, sun etc., which were worshipped.

The cult of worship of our ancestors was a general feature of primitive communities-such religious groups ranged from animism to ancestor worship and served to promote tribal solidarity. Similarly, religion and politics were mixed up in the primitive society. The priests always exerted influence on the government and politics. Every state, in one or the other way is not free from the influence of religion. Religion played a crucial role in the unification and breaking up of political communities and it continues to do so even today.

3. Property: Property is another important factor that contributed to the social formation of the structure The economic activities of primitive people contributed greatly the origin of the state- The activities by which men secured food and shelter subsequently induced them to possess property and wealth.

The idea of primitive property and the social distinction necessitated the adoption of new rules.

Thus, the state was created for the adoption and protection of property right and for the settlement of property disputes.

The primitive people found three stages - such as

a. Huntsman Stage: The Huntsman led a miserable existence. It

was a condition of savegery. He had no property except weapons

and tools. He started domesticating wild animals. It became apparent

that the animals were useful. Horse for transport purpose, Cow for

milk and Sheep for wool. Gradually he came down to herdsman

stage.

b. Herdsman Stage : Flocks and herds became his wealth.

Simultaneously improved clothing, weapons and domestic utensils

appeared. The pastoral life marked with property interests increased

the social dominance of male.

c. Agricultural Stage: Gradually men began to make property.

Property introduced all sorts of complications. Man decided to live

in permanent dwelling and he followed certain limitations. Due to

the growth of population man began to think in terms of mine and

thine. The herdsman needed much more land. As the pastoral tribe

grew in numbers and flocks and herds multiplied. To decide the

disputes the laws were formulated. Hence the state was formed for

the execution of laws and for those who disobey them.

4. Force : War began the king is applicable to this theory. The instinct of self defence against common enemy united small states into powerful states. The strong captured the weak and hence the state came into existence. Force depends upon the Psychological analysis of man. Self-prestige and desire to power are man's natural instincts. Therefore history of man is continuous struggle and aggressive. The strong group succeeded its control over the weak. The leader of the strong group subjugated the weak and became the king and the state was originated. In the words of Stephen Leacock - "the progressive growth from tribe to kingdom and from kingdom to empire is but a continuation of the same process". For eg. In the 9th century, England was divided into seven states. Kingconsolidated all the states into one through force. In scandinavia the groups were buzy in war. Later Norway, Sweden, Denmark states were formed. The muslims and British ruled India by force. The state is evolved by the use of force and for the maintenance of internal peace and security the force becomes inevitable.

The importance of force in state building is vividly stressed by many writers. The struggle and warfare are considered crucial factors in the state formation. Force was needed for self defence or aggression against hostile tribes and concerted action for common defence created the military leadership. The leadership gradually became hereditary and led to the establishment of monarchy. However, the emergence of the state is not entirely due to force. But it played an important role in the process.

5. Political Consciousness:

Political consciousness means an awareness among people. The state was needed for regulating the rights and protecting the public. With the increase in population and wealth, the state was needed for maintaining law and order and for settling disputes. In the words of Aristotle - "A man who is by nature political animal can establish necessary associations for protection of his varied interests has become the symbol of political consciousness.

Political consciousness is a strong force in creating a state. This is necessary for order and security and without which, the civilized and progressive life is not possible. Political consciousness on the part of the people has created an urge in them to establish a sound state.

Social Instict According to Aristotle, "by nature man is a social animal" To him the state has come into existence for the sake of life and continues in existence originating the bare needs of life.

It can

be understood by these statements that the state is organised through

natural and social instincts of man. Social life means group life and this type of origin of life can be found in man's nature. Men lead their life together with the presence of social instinct. Therefore, it can be said that the state is evolved with the help of man's social and natural instincts.

DIVINE ORIGIN THEORY

Nature of the Theory:

This is one of the earliest theories regarding the origin of the state. It holds that the state is a divine creation and the king is an agent or representative of God on earth. The advocates of this theory maintain that the state is created by God and governed by his deputy. It was God's will that people should live in the state. God sent his deputy the King to rule over them. The ruler is a divinely appointed agent and he is responsible for his actions to God alone. The ruler is the deputy of God and it is the duty of the people to obey him and resistance of any sort is a sin. This theory places the ruler above the people as well as law. Nothing on the earth can limit his will and restrict his power. His word is law and his actions are always just and benevolent. If the people disobey the king, divine punishment is extended to them.

The theory of divine origin is as old as political science itself. There is sufficient evidence to prove that the state was based on this conception and all political authority was connected with certain unseen powers. The earliest rulers were a combination of priest and king or the magic man and king.

Support of the Theory:

According to this theory, the state and its authority has a divine origin and sanction finds support in the scriptures of almost-all religions in the world. For instance,

1. Manusmriti: According Manusmriti, "though the king is a human being yet no one should hate him because he is God in the shape of man".

2. Shantiparva of Mahabharatha: It makes a mention that due

to intolerable anarchy, the people approached God and requested

him to give them a chief who could afford them for protection. God

accepted the prayer and appointed Manu as their ruler. (The people

prayed, O' Lord without a chief we are perishing, give us a chief

whom we shall worship and who will protect us).

The theory was advocated in ancient India too. The Manusmrithi speaks of the creation of a king by the Lord out of the various elements represented by Gods Indra, Agni, Varuna and so on.

3. Old Testament: In the old Testament God is looked upon as the immediate source of royal powers.

4. Cristianity: The church fathers founded this theory on the saying of St. Paul - "Let every soul be subject unto the higher powers, for there is no power but god, the powers that are ordained of God.

The theory of Divine Origin implies:

• The state has been created by the Grace of God.

• Its rulers are appointed by God.

• Kings are accountable only to God and not to the people

• Ruler is the deputy of God, disobedience to his authority is a Sin for which there is a divine punishment.

Change In The Name Of The Theory :

Gradually the theory of Divine origin was transformed into the theory of Divine Right of the kings.

James-I, the king of England, was the leading exponent of this theory. Sir Robert Filmer was its supporter. Bousset advocated it in France and supported the despotism of Louis XIV. It was believed that kings ruled by divine right and the subjects had no recourse against them.

James-I in his book The law of free Monarchies said that Kings are the breathing images of God upon this earth and disobedience to their command was disobedience to God.

Basic Concepts of Political Science.

The State of Monarchy is the supremest thing upon earth, for kings are not only God's, representatives but even by God himself they are called as Gcds".

As people are children of God, so they are the children of the King and they owe him an equal obedience. It was argued that without King, the divine institution, the state is impossible Justification of the theory: It was justified by the Hindu mythology that "Na Vishuhu pridhiveepathi" - means one cannot become a ruler unless he was descendent of Lord Vishnu.

The main points in this theory may be summed up that Monarchy is divinely ordained and the king derives his authority from God.

• Monarchy is hereditary

•The King is answerable to God alone and not to the people.

• Resistance to the lawful authority of king is Sin.

Criticism:

1. Support to Absolutism: With the help of this theory the European kings justified their absolutism and weilded power. The people had no power to dethrone the king. This theory made the public helpless hence they depended on the mercy of the king.

2. The Mercyful God Cannot Appoint Bad Kings: This theory is false and unreal to say that God appoints cruel kings to punish the public. According to critics, merciful God can never appoint a cruel king. Thus the theory stands discredited.

3. Religious Theory and not Political: This theory is religious and not political as said by critics. It fails to give satisfactory interpretation of the origin of state. Many political thinkers asserted that it has given importance to religious matters and not political natters.

'. Atheists Cannot Believe This Theory : The Critics of this leory were atheists and hence they had no belief in the divine reation of state and king.

39

. Deficiency of Evidences: Critics have pointed out that there is no proof regarding the divine origin of state and king is the representative of God on this earth.

Value of the Theory :

The Divine origin theory has certain value. We cannot ignore ligion, which played in the development of the state. The early rulers were kings and priests. Obedience to the state was described religious duty and religious worship was supported by government. It teaches men to obey the state. The theory adds a moral tone to the functions of the state. To regard the state as the handiwork of God is to give it a high moral status. Thus, the voice of God gave birth to the voice of the people.

SOCIAL CONTRACT THEORIES

Hobbes, Locke and Rousseau have been the major exponents of social contract theory. The political ideas of these celebrated contractualists constitute the main theme of discussion about the origin of the state.

We shall now concern ourselves for a fuller understanding with the statement and evaluation of the theory as propounded by each one of these thinkers.

Thomas Hobbes (1588-1679):

Life Sketch:

Thomas Hobbes, once a tutor to Charles II of England, was a great English Philosopher. He was born in 1588 and lived in the stirring times of the Great rebellion.

He witnessed the Civil war (1642-49) in England and was deeply affected by its miseries.

He was so much shocked by Civil War. He started believing in the fact that only powerful monarchy could save England and maintain peace there.

Since he had been the tutor to Charles II, he attempted to justify the rule of the Stuarts and defended the absolute powers of the monarch.

He used the doctrine of the social contract for this purpose. This is the reason why he sought to justify the absolute power of the sovereign in his book, "Leviathan".

He never had a mind to propound a theory regarding the origin of the State. His sole object was to defend the despotism of the Stuarts and supported despotic monarchy.

Works:

1. De Cive - about Dictatorship.

2. De Corpore Politico - about Human nature and fear.-

3. Elements of Law

4. De - Leviathan - Masterpiece in the western political thought which is divided into 8 parts.

The Social Contract theory of Hobbes includes the following factors:-

* State of nature.

* Human nature.

* Social Contract

* Authority of the Sovereign

State of Nature:

Hobbes began his thesis with the State of nature, which he characterised it as pre-social and pre-political phase of human nature. So the State of nature means a society where there was no government, no laws, no art, no science, no culture and no state.

The state of nature was a condition of unmitigated selfishness and rapacity.

Men had no sense of right and wrong and they fell upon each other with savage ferocity. There was no civil authority to restrain and keep under check their selfish tendencies.

The condition of life, therefore, would be very unhappy and miserable. There was a perpetual and restless desire with them to satisfy their appetites for gain and glory, which came to an end only with their death.

Natural rights which men enjoyed in the state of nature (right to life, liberty and property) were nothing short of might. They did not know pity and compassion.

Therefore, all people would live in in edition of continuous fear. There was no security of life, liberty and property. Human Nature:

From this analysis of the state of nature Hobbes, concluded that men were not at all social-all being almost equally selfish, self-seeking, cunning, egoistic, brutal and aggressive.

The state of nature was, thus, a condition of perpetual war.

There was a war of every man against every man. Every man was enemy to every other man.

one was expecting the danger of attack by others.

Men in the

of nature were like hungry wolves, each ready to consume the other. Men were living with the fear and danger of violent death and the life of men solitary, poor, brutish, nasty and short.

By this we come to the conclusion that there was no political obligation on the part of the people and which itself laid to the absence of legitimacy of power. Because the people had no reasoning capacity to think of their future. Social Contract:

These conditions were really intolerable and could not be left to continue indefinitely, men naturally wished for peace and security and to escape from the misery and horror of their natural living condition.

They consented or contracted themselves to form a civil society or a common wealth, which would ensure to each security assuring protection of life and property.

Men decided to give up their natural rights to a superior man. They agreed to obey him through a contract. The contract was of each with all and of all with each. In other words, it was a social contract.

Each man said to every other man, authorise and give up my rights of governing myself to this man or that assembly of men on this condition that thou give up thy rights to him and authorise all his actions in the like manner. This is the generation of that great Leviathan, or rather of that Mortal God, to which we are under the immortal God, our peace and security'.

Authority of Sovereign:

People surrendered their natural rights to a superior man or a group of men. This superior man became sovereign, and the individuals who agreed to submit to the authority of the sovereign became his subjects.

The sovereign was not a party to the contract. Others had made a contract to obey him. He had no contract to obey them.

Consequently, the sovereign did not subject himself to conditions.

Sovereign of Hobbes was unquestionable, absolute and unlimited and any introduction of condition on sovereignty was likely to create uncertainty and indefiniteness leading again, to disputes and so to anarchy or the state of nature. The contract was irrevocable.

The reason in men led them to set up the sovereign power. The sovereign may be a man or an assembly of men. People surrendered all their rights to the sovereign. Sovereignty is undeniable fact of political life. In its absence every one will have liberty to do as he pleases.

1. The sovereign is the product of the social contract. Hobbes has named the sovereign as Leviathan. Sovereign did not exist before the contract. Therefore he was not a party of the contract. Once he is created, people lose all their powers. The contract is irrevocable.

2. The actions of sovereign cannot be illegal because he himself is the source of law. The interpretation of law is also done by him.

3. The sovereign cannot be punished in any way by his subjects.

4. The sovereign can declare war. He can give judicial decisions. He can make laws relating to property and taxation.

5. The sovereign may or may not give the freedom of speech to the people.

6. The sovereign is the ultimate single and supreme authority in the state. People have no right to resist against him.

7. People must obey the sovereign. If they disobey the sovereign, it is against the contract.

8. The sovereign cannot be unjust. Justice proceeds from the sovereign.

The sovereignty is absolute, unlimited, indivisible and inalienable. Sovereign has no co-ordinate or even sub-ordinate authority.

12. The sovereign has all the Legislative, Executive and Judicial authority.

13. He decides what is good for the people. Sovereignty is not subject to any limitations. Civil law, Natural law, or Divine law, cannot limit the sovereign power.

14. Hobbes took a more exalted view of sovereignty than any other thinker. Hobbes was the first writer to grasp the full importance of the concept of sovereignty. His sovereign is a mortal God and is above all law. He can do no wrong, moral or legal. He is the source of all law, power and honor.

High Lights of the Theory:

• State of nature was pre-social and pre-political. Three was no art,

no culture, no language, no industry, no government and no state.

• There was a perpetual and restless desire for richness and glory.

• Men in the state of nature enjoyed some natural rights such as right to life, liberty and property.

• People did not know pity and compassion. They were cunning, egoistic, selfish, self-seeking and aggressive.

•There was no security of life, liberty and property. There was no civil authority to check their selfish tendencies. The condition of life was unhappy and miserable.

• Men were not social and sympathetic. There was a war of every man against every man. Every man was the enemy of every other man and everyone was expecting the danger of attack by others.

• Men were living with the danger of violent death and the life of man was solitary, poor, nasty, brutish and short.

• The conditions in the state of nature were intolerable and men wished for peace ano*security. To escape from misery and horror, they contracted thems^Fves to form a civil society.

• Men decided to surrender their natural rights to one man or one assembly of men. That one man or assembly of men became the sovereign. For this each man said to every other man, "I authorise

and give up my rights of governing my self to this man or that assembly of men on the condition that thou give up thy rights to him and authorise all his actions in the like manner".

• The people became the subjects of a superior man-sovereign. Sovereign was not a party to the contract. No conditions were put on the authority of the sovereign.

• People have no right to resist the sovereignty. If the sovereign is resisted by the people, again there will be a return of the state of nature.

• The sovereign of Hobbes was, unlimited, absolute, irrevocable and unquestionable.

• Sovereign was profited from the contract.

• Law was the command of the sovereign and he was the source of Law.

Criticism:

Hobbes' s theory of social contract has been severely criticised on the following grounds:

• Hobbes presented the elements of wrong history, weak' psychology and defective logic.

• He has given a very dark picture of

the state of nature.

* According to Hobbes, man was so selfish, egoistic, aggressive and antisocial. But long back, Aristotle said that man is a social animal.

* Hobbes said that the state of nature was pre-social and pre-political and it was horrible. At the same time he said that men enjoyed the natural rights. Rights arise only in an organised society. This statement is wrong.

* Hobbes said that men surrendered all their rights is an insult to commonsense, because nobody is willing to lose everything.

* He said that sovereign was not a party to the contract. But this notion is completely wrong because the contract cannot be unilateral. A contract takes place between two parties.

* According to Hobbes, contract is perpetual and irrevocable. This is not up to the mark. The contract of today may be revoked tomorrow.

* Hobbes was in favour of absolute sovereignty and said that the sovereign was all powerful, unlimited and unquestionable and irresistable. By this, Hobbes has forgotten the very concept of popular sovereignty. Popular Sovereignty is the basis of modern democratic state.

* Hobbes failed to distinguish between the State and Government

Looking at all these points, it may be concluded that Hobbes theory of social contract stands discredited and rejected and hence no legitimacy of power and no political obligation.

Estimation of the Theory:

The Leviathan of Hobbes is one of the greatest and perhaps the most original masterpiece of western political philosophy. Hobbes said that law is the command of the sovereign. This has made him the founder of analytical school of Jurisprudence. The Leviathan contains much of sociology and psychology. In this connection, it is stated that, the theory of absolute and unlimited sovereignty is the product of Hobbes. With this, He stands in the first rank of Western political thinkers.

John Locke' (1632-1704):

Life Sketch:

John Locke, another English political philosopher was an ardent advocate of constitutional monarchy and an opponent of absolute monarchy in England. He expressed his views in his book, "Two Treaties on Civil Government", published in 1689. In his book, he attempted to justify the Glorious Revolution (1688) and deposition of James II. He is very aptly asserted that parliament reserved the right to dethrone the king. Justified the opposition of James II and supported the coronation of King William and Queen Mary for the establishment of constitutional government. John Locke begins his

essay with the description of the state of nature. But his views are different from that-ofHobbes.

Works:

Locke wrote about 35 books. Important books are mentioned here.

1. Essays concerning Human Understanding -1690.

2. Constitution of California -1706.

3. Letters on Toleration, 1689,1690,1692,1706.

4. Two Treaties on Civil Government. Locke's theory includes the following factors,

1. State of Nature

2. Need for Civil Society

3. Social and Government contract

State of Nature:

Like Hobbes, Locke also began his thesis with the state of nature. According to Locke, the original state of nature was one in which peace and reason prevailed.

His state of nature was pre-political and not pre-social. He has not presented a dark picture of the state of nature. Locke's men, in the state of nature were neither selfish nor aggressive. He was social and sympathetic towards others, because the law of nature, which was the law of reason, directed him to be so.

In Locke's state of nature, men were equal and free to act as they thought fit, but within the bounds of the law of nature.

No one harms the life, liberty and possessions of individuals.

Therefore, his state of nature was a state of peace, goodwill, mutual assistance and preservation.

In the state of nature people had certain natural rights, like right to life, liberty and property. The right to property was man's right to anything with which he had mixed labour. Locke said that nothing was made by God for man to spoil or destroy.

Law of nature also imposed some obligations. Mankind being

equal and independent, no one ought to harm another in his life, liberty, health and possessions. Every one in the state of nature, while valuing his own life, liberty and property, must also value and respect the life, liberty and property of others as a matter of duty.

Such a state of nature in which men enjoyed rights and acknowledged their duties was both moral and social.

Need for Civil Society :

Now the question arises that the state of the nature was so good. Why did men decided to quit it and form a civil society.

Unfortunately, peace was not secure in the state of nature.

It was constantly upset by the corruption and viciousness of degenerate men. This ill condition, Locke said, was due to three important wants which remained unsatisfied in the state of nature.

a. The want of an established, settled and known law.

b. The want of known and indifferent judges to settle the disputes.

c. The want of an executing power to enforce decisions.

Locke asserted that, such an ill condition was full of fears and continual dangers, and in order to escape from ail this and gain security, men made a contract to enter into civil society or the state.

Social Contract:

People entered into a social contract to overcome the inconveniences of the state of nature and to avoid the insecurity of life, liberty and property. According to Locke, people entered into two contracts.

a. Social Contract:

The original contract was social contract. This contract was of all with all and Locke named it as social contract. The social contract put an end to the state of nature and substituted it by a civil society or the state. Each individual contracted with each to give up some of the rights he possessed in the state of nature. All agreed with all to surrender their natural rights of enforcing the law of reason to the community.

The social contract was accordingly, a transfer of certain rights and powers so that man's remaining rights would be protected and I preserved. The contract was for limited and specific purpose. The I rights were transferred to the community as a whole and not to a I man or to an assembly of men.

b. Government Contract:

The second was the government contract.

Society in its corporate capacity .established a government and selected a ruler [ to remove the inconveniences or ill conditions. The government contract was subordinate to the first to act for certain ends. The government was set up by the consent of the people. If the government failed to secure the

ends for which it was created or if it failed to work according-to the wishes of the people and if it is not constitutional, the community can dismiss it and appoint a new government in its place.

Locke advocates the constitutional monarchy, Sovereign is party to the contract and his authority is subordinate to Parliament. Following are his ideas about government:

• The Government exist for the good of the people

• It should depend on the consent of the people

• It should act according to the wishes of the people.

• It should be limited and constitutional in its authority.

Locke has justified the Revolution of 1688 and the deposition of James II with the accession of William and Mary to the throne of England.

• Locke recognized the existence of three powers in the civil society

or the state. There is first of all the Legislative power called the

supreme power of the commonwealth. Legislature was the instrument

through which the will of the community was expressed. Legislature

was unquestionably the superior power, yet it was not sovereign.

Behind the supreme legislature, stand the people, who are the final

embodiment of power. Inside political society, community is supreme

and inside community, legislature is supreme.

There was the Executive, which included the judicial power. The legislature need not always be in session, but the executive must be. There should be separation between the legislature and the executive. Locke enunciated the doctrine of separation of powers, which is enshrined in the American constitution,

* The third power according to Locke was the Federal power which makes treaties. Locke has not discussed much about this power. Which is concerned with the external affairs of the state.

According to Locke, if the power of making Laws is with a single man, it is Monarchy, if it is with a few, it is Aristocracy and if it is in the community, it is Democracy. Criticism:

The Lockean theory has been criticised by the modern critics on the following grounds:

a. Lockian theory of social contract is incredible because it is difficult

to believe that primitive man in the state of nature entered into two

contracts viz. social contract and governmental contract.

b. Locke viewed that people enjoyed rights of life, liberty and property in the state of nature. But this is wrong because rights do not arise outside the organised society.

c. Regarding the location of sovereignty Locke is not clear. He has

not found the distinction between different kinds of sovereignty. His

theory completely ignores the legal sovereignty.

d. Locke said that community is supreme but its power is hidden.

Value of the Theory :

a. The Theory of Consent: Because of the introduction of the

doctrine of the theory of consent, Locke's theory occupies a

prominent place in English politics. Locke's central idea that the

government rests upon the consent of the people is a valuable

contribution to the political philosophy.

b. Natural Rights: Locke's theory represents, the rights of life,

iiberty, property as inalienable rights. This concept, according toT.

H. Green, is an important one.

c. Separation of Powers: Locke has distinguished the legislative, the executive and the federative powers. In this regard, his theory of separation of powers occupies a prominent place.

Highlights of the Theory:

a. Locke's state of nature was pre-political and not pre-social.

b. His state of nature was not perpetual warfare. It was the state in

which men were equal and free to act as they, thought fit within the

bounds of the Law ot Nature. Law of reason established certain

natural rights. It was moral and social in character.

c. There were certain inconveniences in the state of nature such as>

• Absence of a Law making authority.

• Absence of common judge to decide disputes.

• No proper authority to execute these decisions.

To escape from these inconveniences and the danger of fights and confusions, people voluntarily formed apolitical community.

d. To Locke, there were two contracts and one is social contract

and the other governmental contract. The first put an end to the

state of nature and substituted it for a civil society. The second was

made with a view to form government and selected a ruler.

e. The ruler was party to the contract.

f. There was not a surrender of rights but only transfer of rights.

g. Laws not acommand of the sovereign. It was the expression

of the will of the people.

h. Locke made consent of the people the source of all governmental activity and governmental authority.

i. Locke gave the people the right to revolution and thus the ruler could be deprived of his authority, if he fails to fulfill the terms of his contract.

Jean Jacques Rousseau (1712-1778):

Life Sketch:

. Jean Jaques Rousseau (1712-1778), the renowned French philosopher and a great political thinker of the eighteenth century, had elaborated his theory of Social Contract in his famous book "Social Contract". Born in Geneva in 1712, Rousseau settled in Paris after visiting many places. Unlike Hobbes and Locke, Rousseau had no purpose to serve and no axe to grind. He expressed his views about the social contract without having any consideration in his mind.

Rousseau was deeply affected by the political order of the contemporary France.

Being disgusted and disappointed with the sorry state of affairs, he committed suicide in 1778.

But after his death, his views gathered force and his ideas began to be widely appreciated.

His ideas became so popular and powerful that it led to the outbreak of the French Revolution in 1789 after eleven years of his death. This is the reason why he is regarded as the herald of the French Revolution.

Works:

1. Essay on "Has the progress of Arts or Sciences corrupt or purify the moral life of man.

2. Discourse on The Origin of Inequality -1762. 3.TheEmile-1762.

4. Social Contract - 1762 - 4 Parts

5. Dictionary of Music -1778.

6. The confessions -1764.

His writings were extremely effective because of his passionate assertion on popular sovereignty. He became famous because of his extreme, emotional and superior literary style. His idea was to abolish the social privileges totally and bring equality to all. He demanded for a new social and political order.

The social contract includes the following factors:

1. State of Nature

2. Human Nature

3. Social Contract

4. Need of Civil Society

General Will.

State of Nature:

The starting point in Rousseau's theory was traditional state of Nature. He was neither clear nor consistent about the state of nature.

He said that all the world was thinking and talking about it and hence I too used it practically in all the various senses that had been attached to it.

Rousseau in his book said that 'Man is born free and every where he is in chains'.

Here, man is born free means that freedom.is his birth right. It is an essential condition for the development of his personality. Man is born free also means that, he ought to be free. Every where he is in chains means that customs of society and regulations of the state imposes restrictions on man. Because of these restrictions, he cannot develop his personality.

According to Rousseau, only that society is ideal which provides greater freedom to the individual.

The society which does not give freedom to the individual is a non-friendly and artificial society.

Rousseau's man in the state of nature, was a "noble savage " who led a life of primitive simplicity and idyllic happiness. He was independent, contented, self sufficient, healthy, fearless and without need or desire to harm his fellows. The primitive instincts of self-love and by; apathy united them all. He knew neither right nor wrong. He led a pure, unsophisticated, innocent life of perfect freedom and equality.

But these conditions, in the state of nature, could not last for long, two things emerged to corrupt this perfect scene. Such as

a. Increase in population.

b. The dawn of reason.

With the increase in population, economic progress moved apace. The primitive life of simplicity and happiness disappeared. Fixed homes established the family and the instinct of property followed, sounding the knell of human equality. Man began to think in terms of mine and thine. There emerged the institution of private property.

The first man who enclosed a piece of land thought himself as its owner and said this is mine. The art of agriculture and metallurgy were discovered cooperation revealed.

The stronger man did the greater amount of work and then there appeared the difference between rich and poor the source of inequality.

Human Nature:

Rousseau in his famous book "The social contract" says that "Man is born free and everywhere he is in chains".

Man is born free means that freedom is his birth right. Freedom is the essential condition for the development of man's personality.

Man is born free means he ought to be free.

Every where man is in chains means that customs and traditions of society and regulations of the state impose certain restrictions on man.

Because of these restrictions man cannot develop his personality and therefore he is in chains.

According to Rousseau only that society is ideal which provides greatest freedom to the individuals.

The society, which does not give freedom to the individuals, is a wrong and artificial society.

Rousseau wanted to setup right principles of social and political organizations.

He wanted to make society a nest rather than a cage.

Rousseau felt that the culture and art of European society did not give freedom to the individuals.

So men could not develop their personalities.

Rousseau wanted to adopt right art and culture, which would fit the human nature. Therefore he has discussed the problems of the true nature of man.

Rousseau held the view that man is inherently good. The evil, corrupt and wickedness found in the world is not because man is bom evil, it is because of wrong social institutions.

Man is not born evil but grow in it as a result of wrong art and culture.

Man by nature has two original instincts. They are,

1. Self Love : Man had self-love. He has the instinct of sell-preservation. It enables him to preserve himself.

2. Sympathy : Man has god sympathy for others because he is gregarious and social by nature. Family rests upon this instinct. Because of this instinct men help each other.

It was only the primitive instinct, which united him with others.

Rousseau said that sometimes these two instincts may come in conflict with each other. The conflict between the two gives rise to 3rd instinct 'conscience'.

Conscience arises to solve the conflict between self-love and sympathy, which are the primary instincts of man. Because of conscience man loves right and hates wrong. But for guidance conscience has to depend on reason. Reason teaches the indivicual what he should do and tells him what is right and what is wrong.

Thus the nature of man is good. He has the sentiment of love and sympathy. Then the question arises that why man was found bad and corrupt ?

According to Rousseau, man became bad when the self-love was transformed into pride. Pride is the root cause of evils. Because of pride man collects the property more than necessary. Because of pride man hates and humiliates others. At present it is destroying the world. Because of pride man is living against his true nature. The art and culture is built upon pride and this has denatured man. Therefore to be natural, man has to leave pride and be content with the self-love and sympathy.

Rousseau distinguishes between the right reason and wrong reason. Right reason keeps self-love true to our real needs. Wrong reason is responsible for false and corrupt art and culture.

Need of Civil Society : The equality and happiness of the early state was lost.

Mankind went rapidly into a state of war resembling Hobbe's state of nature.

War murder, wretchedness and horror became universal.

A gap emerged between the rich and the poor to the extent of hostility.

That was a disquieting state of affairs and every individual became anxious to gel rid of it. The escape was found in the fonriation of a civil society.

Social Contract:

Natural freedom gave place to civil freedom by a social contract on the basis of the principle of each with all and all with each. As a result of this contract, a group of individuals became collective unity-a society, to end the miseries of state of nature. According to Rousseau,"Only a society based on social contract can give freedom to individuals".

The people agreed to sign the contract to bring peace and happiness.

Individuals surrendered their rights to the community and not to anybody in particular.

Hence individual liberty was preserved.

By the social contract ,the state of nature ended and a civil society was established.

Features of Social Contract:

1. Individuals surrendered their every thing to the community and yet as a member of the community, he retained every thing with himself.

2. In his contract, everyone seems to be gainer and none appeared to be loser.

3. The rights were surrendered not to any individual but to the society.

4. The contract terminates the state of nature and brings in the civil society.

5. It turns the individual into a citizen.

6. Through his contract, Rousseau has made the community a sovereign.

General Will:

The theory of General Will is of paramount importance in Rousseau's social contract theory. Rousseau said that general will is the expression of inner will, a dictate of conscience and is always right, unselfish and universal.

There is a difference between General will and the will of all. General will considers common interest where as will of all considers private interest.

General will stands for the good of all and not for the good of any particular individual. General will is sovereign. It must be obeyed and followed by all. Individual has to be completely loyal to the general will.

Law making is the task of general will. Law execution is the task of government. In other words; government is the agent of the people and is subordinate to the people.

Therefore, general will was rational, indivisible, inalienable and permanent. Thus Rousseau is regarded as the great apostle of popular sovereignty. According to Rousseau, man has two types of wijls, such as

a. Actual Will: The actual will of the individual is impersonal and

irrational. It is momentary. It considers the present day only. It is not

related to the well being of the society. Hence, actual will is also

called as will of all or individual will or private will of the individuals.

It is always selfish.

b. Real Will: The real will of the individual is rational. It considers

the general welfare of the society. It promotes harmony between

the individuals in the society. General will is the sum total of the real

wills of all the individuals. Real will of all the individuals makes the

general will.

Criticism of General Will :

a. Rousseau *s theory of General will is incomplete and not clear. b.In actual practice, it is very difficult to distinguish between the general will and the will of all.

c. Rousseau said that every one must obey the general will. If any

body disobeys, he will be forced to obey the general will.

d. Rousseau's theory of general will is narrow. But in actual practice,

it is nothing,

e. General will is not applicable to large states. It is based on common

good which is to be found in small groups.

f. General will rules out the representative government.

State

g. The general will is raised rarely and for a short period, h. If Rousseau's principles are followed, there will be no stable government. Because general will does not stand for the will ofthe majority. Today, democratic governments function according to the will of the majority, which is not the case in Rousseau's theory. Criticism of Social Contract:

The social contract theory of Rousseau has been vehemently criticised on the following grounds:

a. Rousseau said that in the state of nature, all men were free and

equal. The primitive society was based on inequality.

b. The theory is unhistorical, because, a solitary men are seen entering

into a social contract to form the government.

c. The social contract of Rousseau is highly imaginary. If the Hobbe's

theory presents horrible picture, Rousseau's state of nature is too

rosy.

d. The social contract is a mere speculation or fiction.

In the light ofthe above criticism, we can say that the social contract theory has no logical base. If the theory is accepted it would make the state as a mere handicraft of man. The state is neither the handiwork of God nor of man, nor the result of physical force. It is the product of growth and gradual evolution. Thus, the theory of social contract was contradictory and fallacious. Value of the Theory :

a. Rousseau's theory served as the basis for democracy and justified

the revolution against arbitrary rule..

b. Rousseau developed the doctrine of popular sovereignty. It

became a slogan for French revolution of 1789. Popular sovereignty

characterises the sovereignty ofthe people.

c. Rousseau said that will, not force, is the basis ofthe state and

government rests on the consent ofthe people.

d. Rousseau advocates direct democracy and direct legislation by

the people through referendum and initiative.

Basic Concepts of Political Science 58

| CIVIL SOCIETY 1

Introduction:

The concept of civil society has different meanings. From the days of Greek philosopher Aristotle to the 18th century the state was recognized as civil society. Therefore, societus civilis means civil society and Race, Publica means political society.

During 16th- 17th Centuries the social contractualists Hobbes, Locke and Rousseau have separated civil society from state of nature. Hobbes, in his Leviathan said that the state of nature was pre-social and pre-political. The life of the people was poor, solitary, nasty, brutish and short. To come out of this condition people decided to form a civil society through social contract. Similarly, Locke said that constitutional government itself is civil society. The concept of civil society of Hobbes and Locke is equal to state.

Meaning and Nature:

The word civil society is derived from the Latin word 'Civilist Societus'. The political community is society and it is called civil society. In civil society the rights to life and liberty of an individual are well protected. Civil society extends co-operation to an individual to lead good life.

Today the phrase civil society is emerging as a force. The governmental and non business organizations serve as welfare providers. Many governments are unable to deliver the basic services to their citizens. But civil society organizations have been engaging by international financial institutions.

The western governments and the impact of globalisation have made space for a social actors to contribute social change. David Bronkema, Kenneth Martens Friesen and Kathleeen Braden believed that faith - based agencies do bring a unique spirit and vision to the development work.

The concept of civil society embraces an entire range of assumptions, values and institutions such as political, social and civil rights, rule of law, representative institutions and a public sphere are indispensable conditions for democracy.

59

State

Civil society is not against existing state. In fact the presence of civil society anounces the emergence of modern democratic state. Civil society is the domLin of popular participation in local, regional and national level. It may be more efficient than the government. Voluntary associations and NGO's are regarded as agencies of civil society which strengthens democracy. Civil society is not against state. It siginifies collective body which protects the freedom of its members.

The role of civil society in good governance is to create political awareness among the people.

The final and ultimate responsibility of the public official is to the people. Public administration is the creation of public. Bureaucracy is a part of the community. Thus, the values and framework of public administration is really creation of civil society.

Business organisations have economic power, Governments wield political power and civil society uses cultural power. Culture deals with knowledge, symbols, ethics and art.

Mrs. Jessica Mathew said that civil society is an emerging force in the world. Since 15th century there has been a significant process of emuncipation of society. The three key actors - civil society, government and business are determining the direction of the planet as we all enter the new millennium.

The formation of civil society in the third world countries is based on two categories. First, the nation states were formed under the influence of European colonial power, Second, the post-colonial period has been realised on the basis of lateral process. The civil society was structured by native intellectuals and professional groups.

According to Lacan, repetition is an element of stricture. Civil society becomes a form within the structure of repitition. In the light of repetition, one assume that the rise of civil society in the third world countries was too traumatic for the collective society and state to know its significance. The misrecognition of the first advent of civil society is by the society. Repetition realises the advent of

Basic Concepts of Political Science 60 I

what Hegel calls the ethical life of civil society in social formation. The institutions of law, morality, family, civil society and the state are I the necessary conditions for individuals freedom. In this context, Hegel indentifies the formation process of civil society as a ' transitionary stage. This stage proceeds from the family into what he calls the ethical life of civil society.

Generally speaking, debate on third world countries has been centred around capitalist development or social transition. The civil society is becoming a driving force in the democratisation and economic development of under-developed societies.

State in the Third world countries:

In the third world countries the state is playing a positive and developmental role. The state involved in the nation-building process which cannot be recognised as necessary evil. Therefore the role of state is not diminishing. For the protection of public interest in the economic field the state has to interfere. The market economy is concerned though the role of public enterprises is limited, the state cannot see it blindly. But the force of western states will be there, the MNC's and EBRD are curbing the role of state in the economic field.

In the third world countries private industries have their force over the state. The state can function effectively if there is efficient civil service.

The state that are under the conrol of European colonial states is called as vertical process. The formation of civil society in modem nation states can be seen in Turkey and Iran.

It is clear that the fate of the world is no longer determined by the bipolar power struggle between large transactional corporations and powerful nation-states. Such bipolar power is represented in the WTO. The defeat of the WTO in seatle shows that a third global force has emerged with the monopoly of world economic and political leaders over the fate of the earth.

Basic Concepts of Political Science

CHAPTER - 3

SOVEREIGNTY

Meaning, Characteristics

Kinds of Sovereignty

Theories of Sovereignty

Monistic Theory of Sovereignty

Pluralistic Theory of Sovereignty

Sovereignty in the age of Globalization.

Introduction:

Sovereignty is one of the most essential elements of the state.

It distinguishs all other associations from the state.

We cannot imagine a state without sovereignty.

Thus the concept of sovereignty forms the extremely basis of political science.

The term "Sovereignty" is the product of the 16th century.

Jean Bodin first developed the modern concept of sovereignty in his book Republic in 1576.

Then it was properly shaped and widely written in the writings of Hugo Grotius, Hobbes, Blackstone, Locke, Rousseau, Jermy Bentham and John Austin.

Meaning and Nature:

The term 'sovereignty' is derived from the Latin word superanus, which means supreme or paramount.

Therefore sovereignty is the supreme power of the state.

In every independent state, there is authority called sovereignty.

In every independent state there is a sovereign body endowed with the supreme power of commanding and enforcing obedience.

This sovereign body may be either a person or a body of persons.

Sovereignty of the state is absolute, unlimited and final.

There is no legal limitation to it.

By virtue of its sovereign power, the state issues commands over all the people within its territory.

It receives obedience from all but obeys none.

The concept of sovereignty occupies a central position in the theory of politics.

It is cardinal feature of the moden state.

In fact, there can be no state in the absence of sovereignty. Sovereignty is the life-blood of a state.

Aspects of Sovereignty:

1. Internal Aspect: The internal aspect of sovereignty implies the supreme power of the state over all its individuals and associations within the territorial limits.

The state commands the obedience of the subjects and it is binding on all.

2. External Aspect: The external aspect of sovereignty refers to the independence of the state in its relations with other states. No foreign state can control the other state. Sovereignty is complete and absolute only when it satisfies both the internal and external aspects.

Importance of Sovereignty:

The concept of sovereignty forms the basis of modern political science. It is an important element of the state. It is the presence of sovereignty that distinguishes the state from all other human associations.

It is in fact the soul of the state.

Sovereignty gives meaning and purpose to the state. It determines how well a state can perform its functions of holding the society together.

It is a fact of political organisation.

the people and associations come under sovereignty. Internally and externally sovereignty is the supreme power of the state.

Definitions:

Jean Bodin - "Sovereignty is the supreme power of the state, over citizens and subjects unrestrained by the laws.

" Willoughby - "Sovereignty is the supreme will of the State".

Prof. H.J. Laski - "The modern state is a territorial society, divided into government and subjects, claiming within is allotted physical area, supremacy over all other institutions".

Pollock - "Sovereignty is neither temporary nor delegated, nor subject to rules, which it cannot alter nor answerable to any other power on earth".

Burgess - "Sovereignty is original, absolute and "unlimited power over the individual subjects and over all associations of subjects".

Wilson - 'Sovereignty is the daily operative power of framing and giving efficiency to the laws'.

Characteristics of Sovereignty:

Attributes or characteristics of sovereignty are permanence, universality, absoluteness, inalienability, indivisibility and exclusiveness.

1. Permanent: Sovereign power of a state is permanent.

It remains as long as the state remains.

State and sovereignty are thus inseparable.

Change of government does not affect the sovereignty of the state.

For example, a monarchial government may be replaced by a republican government.

This type of change will not affect the sovereignty of the state.

The death or the succession of a monarch is a mere change in government but not a break of sovereignty.

King can die, but kingship continues.

King is dead long live the king.

2. Comprehensive: Sovereignty of a state universal in its character.

It extends over all persons, things and associations in the state.

Laws of the state applies to all within the state.

No person can claim exemption from its laws which are applicable universally. But certain exemptions are granted to the diplomats from other states.

They are not subject to the laws of the state in which they reside.

3. Exclusive: Sovereignty of the state has a monopoly of power. It exclusively belongs to the state itself. Sovereignty is not given to any external authority. Nobody can question it. The associations have no such power.

4. Indivisible : Sovereignty cannot be divided. Division of

sovereignty means destruction of state. A state is an association of

associations.

If sovereignty of a state is divided among other associations every association becomes supreme.

There cannot be the existence of number of authorities. One must be supreme that is

one association-state is supreme and sovereignty resides in a state and not in other associations.

5. Inalienable: Sovereignty is inalienable and a contrary to this I would mean disappearance of the state.

Inalienability does not mean that a state may not part with a portion its territtory. State and! sovereignty are like body and soul. Hence sovereignty is non transferable. It is the lifeblood of the state.

Liber said that "Sovereignty can no more be alienated than a tree can alienate its right to sprout When a state cedes a part of its territory, it cedes its sovereignty I also. If there is a change of government, sovereignty only shifts to a I new bearer.

6. Absolute and Unlimited: Sovereignty is absolute and supreme. It means that the sovereign power of the state is legally unlimited. ' There is no any superior power than sovereignty.

If the power of one state is limited by the other state, it cannot be called as state. All people within the state pay allegiance to it. Absoluteness of sovereignty has two aspects one internal and the second external.

Kinds of Sovereignty:

1. Nominal and Real Sovereignty: Nominal sovereignty means sovereignty in name only. It refers to the sovereign power of a king who does not exercise any real authority.

For e.g. the President of India. He is the head of the state but his authority is nominal.

Real executive power rests with the cabinet, which is chosen and is responsible to Lok Sabha. The president acts on the advice of the Council of Ministers. Another example is the Queen of England.

2. Legal Sovereignty: Legal sovereignty refers to a person or a body of persons who enjoy the power of making laws for the country. Such authority is called legal sovereign.

It is supreme and final over all individuals and associations.

The legislature in democracy is a legal sovereign.

It has the power to make laws and command obedience.

Courts apply those laws and give punishments when the people violate the laws of the country.

For e.g. Parliament in Great Britain is a legal sovereign.

Legal sovereign is definite and determinate. But the authority of a legal sovereign is based on political sovereign, (i.e. the electorate)

The authority of legal sovereign is absolute and its will is unlimited, indivisible and inalienable. Law is simply the will of the sovereign. None is there to question its validity. All rights enjoyed by citizens are granted and enforced by the legal sovereign and there can be no rights against him. It means the legal sovereign can grant rights, can take them back or even annul them. In Britain, king-in-parliament is the legal sovereign. In USA constitution and 2/3 majority of the congress is legal sovereign. Behind the legal sovereign there is another power, which is unknown to law that is political sovereign.

3. Political Sovereignty : As Dicey puts it, "behind the legal sovereign there is another sovereign to whom the legal sovereign must bow".

This is called political sovereign. Prof. Gilchrist said that, "Political sovereign is the sum total of the influences in a state which lie behind the law".

"Political sovereign is neither the electorate nor the mass of the people, not public opinion".

Taking first the electorate no one can doubt its political power in parliamentary government.

The legislature challenge not disregard the will of the electorate. If not, the members of the legislature may be punished at the next election for failure to obey the electorate.

The second, mass of the people we cannot take political sovereignty synonymous with mass of people. All the people do not enjoy the right to vote.

Similarly, political sovereignty cannot be equated to the third public opinion.

It is highly fluctuating one. Public opinion is identified with the political sovereign and it may coincide with the legal sovereign as in case of British Parliament.

Political sovereignty is vague and indeterminate and becomes confusing. Yet we cannot ignore its existence. Political sovereignty may mean the electorate plus all other vehicles and influences that mould and shape public opinion.

Law does not know political sovereign. It is unorganized and indeterminate. In, the modern representative democracy, it is identified with the electorate. Electorate means body of voters who have the right of voting and electing the members to the legislatures. Voters are influenced by the press, platform and propaganda carried by different political parties. In the opinion of Gilchrist political sovereign means the electorates plus all the influences in a country, which mould and shape public opinion.

4. Popular Sovereignty : It means sovereignty of the people.

Rousseau was the exponent of the theory of popular sovereignty.

This theory advocates that, people are sovereign and government is

based on the will of the people. In a democratic state, people govern

themselves through their representatives elected periodically. The

democratic government runs administration according to public opinion.

If the people do not like the government, they can change it

by electing other political party. For example, People of Karnataka

brought Congress and Janata Dal to power in 2004 by replacing

Congress Government. The term popular sovereignty also refers to

the power of the people to control the government.

The idea of popular sovereignty is highly confusing. But we cannot ignore its popular appeal.

Sovereignty of the people is a contradiction in terms. It has been stated that popular sovereignty refers to the sovereignty of the electorate. But it has no legal basis. The voters do not exercise actual sovereign power.

5. De jure Sovereignty: Dejure sovereignty is the legal sovereignty. It has its foundation in law.

It has an authority to govern and command obedience.

It comes to power legally.

For example, Queen of England. She came to the throne of England in 1956 after the demise of her father King George VI.

7. De-Facto sovereignty: It has no legal basis. Hitler of Germany was a defacto sovereign. Nasser of Egypt and Ayubhkan of Pakistan were Defacto Sovereigns.

Now Mushraf, a military head of Pakistan has become Defacto sovereign. The authority of defacto sovereign depends on physical force. It has no solid foundation. A dejure sovereign rests on law, is clearly recognizable. But after reasonable period of time a defacto sovereign becomes dejure sovereign. It takes time to measure the strength of authority.

For instance, Nasser of Egypt was formerly Defacto sovereign. Later he became Dejure sovereign. It takes time to measure the strength of authority.

MONISTIC THEORY OF SOVEREIGNTY

Austin, the famous English jurist, was the exponent of this theory. He had advocated this theory in his "Lectures on jurisprudence" published in 1832.

It is also called Austin's Theory of Sovereignty.

Austin's views are largely based on the teachings of Hobbes.

His theory depends upon the nature of law.

According to him, "law is a command given by the superior to an inferior".

From this definition of law, he developed the theory of sovereignty in the following words.

"If a determinate human superior receives habitual obedience from the bulk of a given society, that determinate human superior is sovereign in that society and that society is both political arid independent".

Following are the propositions of Austin's theory of sovereignty:

• In every independent state, there is a person or body of persons who exercise sovereign power;

• The sovereign can issue commands and create laws;

• The determinate human superior is supreme over all individuals and associations and he is subject to no control. The laws emanate from the legal sovereign, are the commands, which must be obeyed;

• The sovereign receives habitual obedience from the bulk of a given society. Obedience to the sovereign authority must be continuous, regular, undisturbed and uninterrupted.

• The command is the essence of law. Whatever the sovereign commands is law. Failing to obey laws results in paying a penalty.

• Sovereign power is indivisible. Division of sovereignty means destruction of sovereignty.

Thus, Austin's theory of sovereignty embraces the existence of the supreme power, which is determinate, absolute, unlimited, inalienable, indivisible, all comprehensive and permanent. But this theory is a lawyer's view of sovereignty or legal theory of sovereignty.

Criticism:

Austin's theory of sovereignty has been strongly criticized by Sir Henry Maine and other jurists.

• To Sir Henry Maine, sovereignty does not reside in a determinate human superior.

He cites the example of Ranjit Singh who believed in despotism but he never issued a command which Austin could call a law.

A despot believed in despotism should not issue a command, which could compel unwilling people.

• Austin's determinate sovereign is inconsistent with the well-accepted idea of popular sovereignty.

It ignores the power of the public opinion and does not take into consideration the existence of political sovereignty

• Austin's sovereignty regards all laws are commands.

It is a legal sense and not moral.

• Austin's sovereignty is indivisible. It stands discredited, because in a federation, sovereign power is divided.

•Austin locates sovereignty in the determinate human superior, which is applicable to unitary state and not to federal state.

Therefore, absolute and unlimited legal sovereignty does not exist anywhere.

• Further Austin's sovereignty is criticized that it invests the sovereign

with absolute powers. The pluralists said that sovereign power can

never be absolute and unlimited.

Therefore, it is impossible to accept the legal theory of sovereignty as valid for political philosophy.

It should be admitted that as a matter of legal nature of sovereignty, Austin's theory is clear and logical.

The pluralistic concept of sovereignty is an attack on the monistic or absolute theory of sovereignty.

It denies the absoluteness of the state.

Emile Durkheim, Otto Girke, Maitland and GDH Cole are regarded as fore runners of the pluralist theory.

Duguit, Krabbe, Laski, Mac Iver, Lindsay, Barker etc., are regarded as the exponents of pluralistic theory.

According to pluralists, the society is federal and there exist groups and associations to perform the functions in their sphere.

Therefore sovereignty should be divided between the state and other associations.

There are many associations in the present society, which are representing social, political, economic, cultural, religious interests.

Modern society is the network of these associations.

They have control over their members through their rules and regulations.

Many of them are performing the functions, which the state also performs.

They are becoming cooperative partners with the state.

They serve better than the state.

Individuals are more influenced by these associations.

They are not created by the state.

Man being a social animal has to depend on these associations.

His social instinct is fulfilled by his group life.

The exponents of this theory do not regard state as a sovereign institution.

Duguit argues that 'public service is an essential element of the state and not sovereignty'.

Krabbe says, law is independent and superior to the state.

Lindsay considers them more homogeneous and representative bodies than the state.

Barker says that associations existed in the society prior to the state.

Pluralists consider state as one of the associations that existed

in the society.

State and associations are species of the same genius.

Man is member of both state and associations. If he owes allegiance to state, he also owes allegiance to associations.

Pluralists question that in case of conflict why state should dominate? Human life is multisided and state alone cannot satisfy all the needs of man.

In the words of Prof. Laski "state is only one among many associations and as compared with them has no superior claims to the individuals allegiance".

Pluralists asserted that the state should co-ordinate with the work of associations. The state does not exercise absolute sovereignty. They hold that associations are as sovereign as the state.

Conclusion:

The pluralists argued that the state is not unique organization. Other associations are also equally important and they are as sovereign as the state is. The state is not superior or unlimited.

Criticism:

1. The Pluralists concept of sovereignty cannot be accepted because division of sovereignty will lead to anarchy. If the state has no control over them, then who would decide conflicts among them ? There should be some authority to decide the disputes between the associations. Therefore, authority of the state cannot be challenged.

2. If the state is not permitted to interfere in the affairs of the associations, the members will be placed on the mercy of governing bodies. There is none to protect members from oppressive associations. The state can best protect the interest of the members of such associations. Hence this theory stands discredited.

3. Pluralism is harmful than useful. If it is accepted, all associations are given parallel position with the state.

4. Pluralism is a confused doctrine. If all associations are given co-sovereign status, one can imagine the position of law and order.

5. The pluralists have given misleading picture of state's autocracy. They might have lost sight of democratic principles.

6. The pluralists try to underline the basis of state by trying to break sovereignty and do not explain the practicability of their philosophy.

To conclude, pluralism cannot be considered as a logical attack on the claim of state sovereignty.

The modern society is a web of social relations and therefore it requires a common steering wheel.

Therefore, the state must play its dominant role in the society by exercising sovereign power.

SOVEREIGNTY IN THE AGE OF GLOBALIZATION"

The word globalization refers to the integration of the world into one capitalist political economy, operating under free market ideology. Globalization has been challanging state sovereignty.

Generally, today all the nations are independent and sovereign states and they exercise sovereignty according to their convenience. If we look at the present nation state system, it is true that the state's sovereignty is loosing its existence. We can see in the name of globalization the foreign states are finding their markets in the developing countries for their products by establishing autonomy through the MNC's.

By this we can assume that the control of governments over these MNC's is diminishing and hence the state's sovereignty is undermining. Prof. Smt. Sasika Sessen of Colambia University has explained in the seminar conducted in 1996. The economists, business leaders, political analysts and historians come under Sassan's perspective. She has explained that "how a new economic system centered on cross border flows and global communication has affected too distinct features of the modern state - sovereignty and territoriality affected the institution of economic citizenship that empowers and can demand accountability from governments. But these economic citizens are not people, they are firms and markets which provide strength on the world governments. She said that I use the concept as a kind of theoretical provocation as the concept of citizenship".

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Effects of Globalization on sovereignty:

In various nations, especially the states that are suffering from social injustice the challenges of globalization can be found. With the economic globalization the nation-states loose their control over their economic policy. It can be seen that the nation - state system has become weak by the international affairs. Hertz and Thompson said that, in the eyes of state, management of economic affairs is becoming problematic. With the economic globalization the state is loosing its controlling

power. The financial policies of national government comes under international financial programs. By this unity of state is in danger. The government is unable to control environmental protection.

Globalization and Sovereignty do lot go hand-in-ha'nd. Globalization is a technique formed by few states for their selfish ends. Totally it is making the state to be far away from self-dependence and there by taking the state to destruction. With the globalization the states are loosing their control. Therefore the state sovereignty is becoming too weak and loosing its grip. Human rights protection and fundamental liberty of 1950 have curbed down the state sovereignty. International agreements and organizations have made the scope of powerful states limited. These states by purchasing property and entering into new markets directly. As a result of this the position of state sovereignty is collapsing. International law is overriding on sovereignty. IMF, IBRD, WTO, GATT are restricting and controlling the states.

Following are the Effects:

1. Sovereignty is losing its Grop : The role and importance of .ition - states is becoming uncertain in the age of globalization.

1 conomic borders in the world are disappearing and it is not possible ■r the governments to control the flow of money around the globe.

■\enich Ohmae said that with globalization the nation - states are

• losing their grip over economic policy. Hence there is a truth in

Basic Concepts of Political Science 73

what Hertz and Thompson said regarding the diminishing role of nation - states through globalization.

2. Importance of International Agreements and Organizations

: International agreements and organizations are limiting the scope of sovereignty. Multinational companies are acquiring land and entering into new markets. It will affect on the sovereignty of states. Sovereignty is indispensable for the growth of modern states. The new international institutions have made the sovereignty plural. Thus sovereignty of the state is fluctuating. World Bank, IMF etc. are imposing devaluation of national currencies, market - liberation, the elimination of subsidies etc. WTO is more formidable than the World Bank and IMF, conferred monopoly rights upon transnational companies. International agreements and organisations are challanging sovereignty of the state.

3. Evolution of Sovereignty: Sassen describes how sovereignty has been affected by globalization - and how globalization has been accompanied by legal regimes and practices. International has become Americanization. The vertual ization of economic activities is a challange to regulation and business. This crisis advocates geographical capital over nation - states.

4. Legal Regime: The legal regimes negotiate between national sovereignty and transnational practices of corporate economic actors. Thus, sovereignty is being transformed by economic globalization. It compares how economy is undermining the role of states. Immigration is rationalizing politics. It is relating to the concepts of citizenship and rights. Sassen said that with the change in the global economy there will be a change in the concept of sovereignty.

5. Challenges of Global Forces on the Sovereignty of Nation - States : There are enormous problems of state membership for communities, stateless people and refugees. The challenges of globalization and virtual ization will have important implications for

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human rights. Today's welfare state crises, growing unemployment and inequality have become the challenges in all the countries. Many capitalist and democratic nations have adopted the art of social scrutiny. The international investments do not favour the growth of middle class nations. Thus, economic globalization has hit at the sovereignty of state.

6. Globalization undermines Democracy: There is a truth in saying that globalization undermines democracy. The corporations and international financiers have acquired new rights and that there is a consensus among states to further the interests of economic globalization. There is no evidence of government action over the allegation. The elites and public are not thinking to halt globalization. Moreover, globalization often pits one nation against another. For eg. in 1980 market competition between Japan's Komatsu and America's Caterpiller corporations and European community's response. Governments weight such mergers to ensure tax payers, citizens, consumers and share holders benefit. Government actions can tilt the balance. Hence the globalization will undermine democracy.

7. Position of Sovereignty to Control Immigration: In what way the states will retain sovereignty to control immigration has become problematic. Globalization will bring changes in the immigration. Like that of political, social, civil rights, human rights do not depend upon nationalism. In recent years court cases have shown that individuals and non-state actors brought claims based on the notion of international law. There has been a mediation between the agents and international legal order. As a result, sovereignty is loosing its grip in the international level.

8. International law: The state's sovereignty has been challenging by international law. Sometimes international organizations like EBRD, IMF etc. are placing restrictions. By this we come to know that the states are buzy to have world governance though international order.

Basic Concepts of Political Science 75

9. Multinational companies : In the present days, under the reflection of globalization we are seeing the establishment of multinational companies. These companies are acquiring and by paying more amount of money and are establishing big companies. As a result the Indian companies have been closed. The MNC's are becoming monopolists and hence it has become an obstacle in the way of governments to control them. With this one or the other day the state may loose its sovereignty in the age of globalization.

Basic Concepts of Political Science 76

CHAPTER - 4

LAW, LIBERTY, EQUALITY, JUSTICE *

Law

• Meaning, Nature, Kinds and Sources

Schools of Law

• Historical, Analytical, Philosophical,

• Comparative, Social, Marxian Schools.

• Law and Governance

Liberty

• Meaning, Nature and Kinds

Equality

• Meaning, Nature and Kinds

Justice

• Meaning, Nature

Dimensions of Justice

• Social, Economic, Political, Legal

• Rawl's Theory of Justice

LAW

Nature:

The term law is well known and universal one.

The word law is used in physical sciences, natural sciences and social sciences.

Eg. Law of gravitation, law of physics.

In economics "Law of demand, Law of supply and law of production etc. In political science law is used for deciding jurisdiction of state activities and regulating the behaviour of the citizens.

Meaning:

The term 'law' is derived from Teutonic root word Lag which means something' uniform and generally followed.

If the state implements the laws it becomes definite one.

Customs, traditions, usages are the important parts of law.

They regulate the behaviours of the individuals.

Laws are nothing but general rules which direct the individuals to do or not to do certain things.

The laws are backed by the power & authority of the government.

Definitions of Law:

John Austin - "Law is a command of the superior to an inferior"

Holland - "Law is a general rule of external action, enforced by a sovereign authority"

T.H. Green - "Law is a system of rights and obligations which the state enforces"

Gettell "Law is the command of the authorised public organ acting within the sphere of legal competence"

Kinds of Law:

Law

National Law International Law

Constitutional Law Ordinary Law

Public Law Private Law

General Law Ordinances

1. National Law:

National law is law of the land.

It is also called domestic or municipal law.

It is applicable to all citizens and associations.

Every citizen should obey the law.

Violation of law would be punished.

It regulates the conduct of the individuals.

National law is made by the legislature.

2. International Law: International law is a law among nations.

It regulates the relations among nations.

It is a body of rules accepted by the civilised nations.

All nations give customary obedience to the concept of International Law.

International laws are made by international conferences or world body like the U.N.O.

No force can be used for the violation of international law.

It is used during war and peace time.

3. Constitutional Law: Constitutional Law is a law that regulates the administration of the state.

It prescribes the functions and powers of the government and lays down the limits of the three organs of government.

It also defines the rights of the people. In fact, the whole system of government rests on constitutional law.

4. Ordinary Law: Ordinary Law is also called statute.

It is a law made by the legislature of the state.

Legislature passes ordinary law through constitutional procedure.

Ordinary law regulates the conduct of individuals.

It can be changed at any time by the legistlature on obtaining simple majority.

It regulates the relations of citizens and the state and citizens.

5. Public Law: Ordinary law is subdivided into public law and private law. Public law is concerned with the organisation of the state, functions of the government and relation of the state to the individuals.

It-gives protection to the rights of the people and punishes those who violate the law and rights.

6. Private Law: Private law is a law which regulates the relations between individuals and individuals.

It prescribes the conduct of man in relation to others. In other words, it refers to the relation and interest of citizens in their daily life.

7. Administrative Law: It is in practice in some places of Europe. Administrative law regulates the relation between private citizens

and government officials.

It determines the position of the officials and rights of the private citizens.

Administrative law is enforced in administrative courts. It is a special court established to deal with the administrative disputes in which the private citizen is affected.

8. General Law: General law is also called rule of law. It makes no difference between private citizens and government officials.

9. Ordinances: Ordinances are not laws of the legislature but they are executive verdicts.

They are issued by the executive head. They are the executive proclamations. Ordinances serve the administrative convenience. Ordinances are propagated by the executive during the recess of the legislature.

Ordinances will have the same value as the law of the legislature. Every such ordinance has to be placed before the legislature, because all ordinances are issued only when the legislature is not in session. If the legislature does not approve of the ordinance, it loses its legal value and becomes inoperative.

Sources of Law:

i. Customs: Custom is one of the earliest sources of law.

In the primitive society the whole social system was governed by customs.

All disputes were decided by the council of elders according to the prevailing customs.

Man by nature is conservative.

He gradually develops certain usages or customs.

Generally he follows them either because they are useful or because they are essential to maintain social order.

Customs, however, are not laws in the political sense of the term.

Customs, recognized by the state, acquire the status of law. In practice, no state can dare to ignore the age-old customs of the country. The British Constitution, for example, is based on customs and conventions.

Hindu Law and Muslim Law in India are also based on customs of the communities.

2. Religion :

In olden days religion ruled the life of man.

Custom and law were intertwined with religion.

With the passage of time,

the religious principles went deep into human psychology.

Modem jurists have to incorporate the religious principles in the body of law.

In India we have got the Mohammedan Law based on Quran, the Hindu Law based on the Code of Manu, and the Christian Law based on Bible.

3. Equity: Equity means principle of fairness, justice or equality.

Sometimes, the existing law may be inadequate or incomplete, vague or stern.

Judges use their common sense or reasonableness and provide justice.

When social conditions change, laws also change accordingly.

This change is brought about by the principle of equity. "Equity is an informal method of making new law or altering old law depending on intrinsic fairness or equality of treatment".

Equity provides justice when the existing law is severe. It makes the law flexible and fair.

4. Adjudication or Judicial Decisions: The decision of a court is called adjudication.

The primary function of the judges is to interpret and apply an existing law to individual cases.

Sometimes a particular nature of case about which existing laws are silent may come up before judge. The judge uses his common sense and gives his decision. These decisions are called judge made laws. They serve as precedents for future cases of a similar nature.

5. Scientific Commentaries : Commentaries written by legal authorities and eminent jurists on the existing laws is another important source of law. These commentaries, published in the law books and journals, are valuable both for the lawyers and the judges. "These comments are referred to during discussions over a particular case before the court of law. The judgments are very often influenced by these comments". Judicial decisions are concerned only with individual cases. These commentaries cover the entire legal field. Hence they are more useful and valuable than judicial decisions. For example, the commentaries of Coke and Blackstone in England, Story and Kent in the U.S.A., and Manu and Dayabhaga in India played a vital role in the growth of law. But commentaries themselves are not laws. They become part of law only when they are accepted by the judges.

6. Legislation: Legislation is the chief and the most prolific source of law in modern times.

The modern legislatures are called law making factories. They pass new laws, modify the existing laws and repeal the old laws.

Legislation is absorbing other sources of law. According to Woodrow Wilson, "All means of formulating laws tend to be swallowed up in one great, deep and broadening sense, legislation".

Conclusion:

In these days law making has become highly technical process. Therefore, we cannot think of an exclusive source of any law. While enacting laws the legislature takes into consideration the customs, usages, religion and public opinion. Lastly, the cultural background of a country always remains as an eternal source of law. Hence law is an amalgam of many factors. Different Schools of Law :

There are various schools of legal study each of which seeks to approach the science of law from different angles. The most important schools of law are as under.

1. The Analytical School:

The analytical school draws inspiration from the absolutist and idealistic philosophy. The analytical jurists' conception of law owes much to Bentham and Austin. Their method is too formal and rigid. They view law as the deliberate and conscious command of the state. To them law is the expression of the absolute sovereignty of the state. Enforcement by the state secures the sanction of law. To Austin, law is a command of the sovereign - "the determin;)'-superior". The criterion of law is a legal enforcing agency. "Every law simply and strictly is set by a sovereign person or body of persons to a member or members of the independent political society wherein that person or body of persons is superior". Criticism:

1. Undemocratic: Law is a body of command from the superior authority to the inferior subjects does not square with the facts of

Basic Concepts of Political Science 82

contemporary life. Such a view is undemocratic as it presupposes a hierarchical social system.

2. False Identification : The analytical school makes a false identification of law and command. The idea of command presupposes a superior-inferior distinction and the assumption is that he who commands is not bound by law. But, in a democratic state such a distinction does not hold good. Law has a certain permanence, whereas commands are issued in specific circumstances.

3. Conservative outlook: There is an element of conservatism in the conception of analytical jurists. Their conception of law is static rather than progressive and they neglect the historical or evolutionary character of law. Still, it can be said that by paying special attention to clear definitions and to logical distinctions, the analytical school has sought to remove inconsistent and ambiguous elements from the conception of law.

2. The Historical School:

The chief exponents of the historical school are Savigny, Sir Henry Maine, F. W. Maitlahd, and Sir Frederic K. Pollock. The main emphasis of the school is on the material rather than the formal source of law. The jurists of this school investigate into the origin and development of law. They study law in relation to its environment. From this point of view law is 'the resultant of the forces and influences of the past'. The lengthy process of social development that seeks to create new laws to meet new situations. The historical school is "a realistic treatment of social phenomena in the light of historical data of law". Its emphasis is on legal history rather than on legal philosophy.

The historical school exhibits natural distrust of deliberate efforts at reform by an inexpert legislature. The jurists of this school, have rendered a valuable service by supplying a sense of growth to the conception of law. It is a suitable corrective to the formal and static concept of law provided by the analytical jurists.

Gettell rightly remarks: "It furnishes the back-ground for legal analysis, and points out that legal systems are constantly changing to meet new conditions".

3. The Philosophical School:

Prof. Joseph Kohler of Germany is the chief exponent of philosophical school. This school has introduced philosophical standards of right law in the juristic system. They seek to translate the idea of justice into an ideal system of law. It believes in the law of nature to discuss existing laws metaphysically and to formulate theories of social justice. According to Kohler, "the juristic philosopher is as much concerned with the ideal as with the actual content of the law. Law is both the product of culture and a means for furthering it". It is for the state to define and give effect to the philosophical standards of right law.

The philosophical school treated law as an abstraction. They viewed reality in the flood - light of an ideal system. The danger involved in such a method is that the so-called ideal system may be the projection of personal prejudices of jurist. Thus the juristic school is not oriented toward objectivity.

4. The Comparative School:

The method adopted by the comparative school is a continuation of the historical approach. Sir Paul Vinograd of England is the Chief Exponent of this school. In Darwinian biology, this method finds material for the practices of the past and the present. Thus the writers of this school would reach certain reliable generalizations regarding the nature of law. The approach of this school is undoubtedly ambitious.

5. The Sociological School:

Duguit, Krabbe, Harold Laski are the exponents of this school. These writers draw heavily on modern developments in psychology, sociology and philosophy of pragmatism. Their approach to jurisprudence involves a thorough examination of social ends which law seeks to serve. They judge law by its results rather than by

Basic Concepts of Political Science 841

abstract theories. The source of law, according to the 'sociological view', is not to be found in the state. The state impose legal valuetol the rules, which grow up in the society and serves social interests. Inl this sense law exists prior to the state and the authority of law is! I superior to state.

Duguit said that laws are the rules of conduct, which control I men in society. Men obey the rules out of a natural consciousness I about the necessity of social solidarity. The sanction of law is not! I organized coercion; It is primarily psychological, depending on thel individual's awareness of the social approval or disapproval of his I conduct. The state as such has no real connection with law. "Law is I independent and more comprehensive than the state". What the state I does is simply an adoptation of existing rule of conduct to a given I set of facts.

If Duguit explains law in terms of the end it actually serves, I Krabbe, explains it in terms of the source from which it issues. The source of law, according to him, lies in men's feeling or sense of I right. As law is the rule of community, Krabbe established it on "the sense of right of the right-minded majority of the community". Thus Krabbe elevated law above the state. Its obedience depends upon what it actually does to the lives of individuals. 'The legal imperatives ' of state must always be conceived in terms of the end it seeks to | serve". 6. Marxian School of Law :

Marx is regarded as the main advocate of this school of law. According to him, law is closely associated-with the nature of the state. He has not accepted the view that law is the expression of the will of the people or reflection of the principle of social justice or the result of habits or customs. It is merely an expression of the will of the state, the expression of the material form of the life in the state, it is the will of the ruling class. It teaches that class relationship is rooted in the material conditions of life and that law is merely the will of the dominant class. In a capitalist state, the Jaw is only the tool of the state to maintain and safeguard the interests of the capitalist class, a

85

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dominent group in society. In a socialist state the workers are the ruling class and thus, law must be the the safeguard of the proletarian state against the enemies of socialism, and a tool of construction of a socialist society. The Marxian view of law does not accept other refinement connected with the state and law. According to Marx law is a vehicle for destroying capitalism and constructing socialism. As soon as it achieves the purpose of law i.e., the state withers away.

Critics have pointed out that the state is the life-breath of human existence and we do not accept Marxian statement regarding the withering away of the state as such.

LAW AND GOVERNANCE | Introduction:

Law and governance are related terms. The good laws are passed by the state gives good governance. The government runs the administration through law. Both law and governance play an important role in the state to maintain law and order situation. The rules which are formulated to regulate the behaviour of the people are the laws of the state.

What sovereignty is important to state, the law is important to sovereignty that leads to good governance. GOVERNANCE: Meaning and Nature:

The concept of "governance" is.not new it is as old as human civilization. "Governance" means: the process of decision-making and the process by which decisions are implemented (or not implemented). Governance can be used in several contexts such as corporate governance, international governance, national governance and local governance.

Since governance is the process of decision-making and the process by which decisions are implemented. An analysis of governance focuses on the formal and informal actors involved in

decision-making and implementing the decisions made and the formal and informal structures that have been set in place to arrive.

Government is one of the actors in governance. Other actors involved in governance depending on the level of government. In rural areas, for example, other actors may include influential land lords, associations of peasant farmers, cooperatives, NGOs, research institutes, religious leaders, finance institutions, political parties etc. The situation in urban areas is much more complex. At the national level, in addition to the above actors, media, lobbyists, international donors, multinational corporations etc. play a role in decision-making or in influencing the decision-making process.

Governance is considered as umbrella concept. It can be defined as a system which reflects the basic values of the society. These values are pursued through effective and efficient administration. In the Indian context the governance is based on the principle of dharma. Here social justice and human rights are well protected. The three dimensions of good governance are explained asunder.

1. Good political governance : It is reflected in terms of law, accountability and transparency.

2. Good Economic governance : It is reflected in terms of economic stability, property rights, labour security, people's development, environmental protection, justice etc.

Consensus oriented

Participation

Accountablity

Transferency

Good Governance

Rule of Law

Effective & Efficient administration

Responsiveness

Equitable & Inclusiveness

3. Good civil governance: It is reflected in terms of civil society, groups, rights, facilities etc. I. K. Gujral, the former P. M. said in the year 2000 that "governance has to be decentralized and people should feel that it is the governance of their government". Features of Good Governance:

1. Participation: Participation by both men and women is a key cornerstone of good governance. Participation could be either direct or through legitimate intermediate institutions or representatives.

Participation needs to be informed and organized. This means free'dom of association and expression on the one hand and an organized civil society on the other hand.

2. Rule of law: Good governance requires legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

3. Transparency : Transparency means that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and that it is provided easily.

4. Response : Good governance requires that institutions and processes try to serve all stakeholders within a reasonable timeframe.

5. Consensus oriented: There are several actors and many view points in a given society. Good governance requires mediation of different interests in the society to reach a broad consensus on what is in the best interest of the whole community and how this can be achieved. It also requires a broad and long-terms perspective on what is needed for sustainable human development and how to achieve the goals of such development. This can only result from an understanding of the historical, cultural and social contexts of a given society or community.

6. Equity: A society's well being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded fr>m the mainstream of society. This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well being.

7. Effectiveness and efficiency : Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment

8. Accountability: Accountability is a key requirement of good governance. Not only governmental institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. Who is accountable to whom depending on whether decisions or actions taken are internal or external to an organization or institution. In general an organization or an institution is accountable to those who will be affected by its decisions or actions. Accountability cannot be enforced without transparency and the rule of law.

Conclusion:

From the above discussion it should be clear that good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in

its totality. However, to ensure sustainable human development, actions must be taken to work towards this ideal with the aim of making it a reality.

["LIBERTY 1

Nature:

Liberty is important concept of political science.

It is the most familiar word to all of us.

It is used by all kinds of people. Each has his own interpretation of liberty.

Therefore, one cannot give precise meaning of "liberty".

Meaning of Liberty:

The word liberty is derived from the latin root word 'Liber' which means freedom. It is essentially a concept that stands for the freedom of individuals. In this sense liberty is interpreted to mean, freedom from restraint or power to act according to one's own natural rights, as an individual. It is a privilege to think or to act or to speak. It describes various types of individual freedom. It essentially signifies the power to enjoy freedom which does not harm others. Approaches to Liberty:

1, Negative Liberty: It implies absence of restraints. It refers to

the freedom of doing any thing and everything. This is called absolute

or unrestricted freedom.

2. Positive Liberty : Positive liberty signifies the presence of

reasonable restrictions on the actions of the people. Positive liberty

is not absolute and unlimited.

Definitions:

Laski: "Liberty is the eager maintenance of that atmosphere in

which men have the opportunity to be their best selves"

M.Kechine: "Freedom is not the absence of all restraints, butrather

the substitution of rational ones for irrational"

Kinds of Liberty:

1. Natural Liberty: Natural liberty refers to unlimited freedom.

This type of absolute liberty was enjoyed by men before the state

came into being. In pre-society there were no rules and regulations

except the laws of nature. Hence, all individuals were at liberty to

do whatever they liked.

But the enjoyment of such liberty is impossible. It is the state which guarantees rights. Therefore it is impossible to conceive of any liberty in the absence of the state.

2. Civil Liberty: Civil liberty refers to the liberty enjoyed by man

in society. It is restricted and protected by laws. The state maintains

and safeguards the civil liberty. Liberty of an individual cannot be

encroached upon by other individuals or association of individuals.

If an individual overrides the liberty of others he is punished.

Civil rights consists in the right to life, liberty, education, property, speech, press, association, religion, family, etc. More civil rights-means greater civil liberty.

3. Political Liberty: Political liberty means the rights enjoyed by

the citizens to control the government. Through their right to vote

the citizens constitute the government. As such the right to vote is an

expression of political liberty. Through meetings, discussions,

criticisms, the citizens participate in forming as well as controlling

the government.

Political liberty includes the right to vote, right to contest the election, right to hold public office, right to petition, right to form association and parties. In the words of Gilchrist, Political liberty is the other name of democracy.

4. Economic Liberty: Economic liberty means reasonable material

security. It is the freedom from want and freedom from fear. Civil

and political liberties will be meaningless in the absence of economic

liberty. If the people are always haunted by the fear of starvation or

unemployment no liberty can be real. The primary duty of the state

is to safeguard the citizens against wants and insecurity. The economic

liberty means the liberty enjoyed by the citizen in securing necessary

opportunity to earn his daily bread. In other words, it implies the

freedom from want and hunger, unemployment and insufficiency. It

further implies that no person or a body of persons should be in a

position to exploit other persons.

Economic liberty includes the right to work, the right to adequate wages, the right to reasonable hours of work, the right to leisure, and the right to social insurance like old age, sickness and disablement and unemployment.

5. National Liberty : National liberty means the national

independence or Swaraj. A national is said to be free or independent

when it is internally independent and free from foreign control and

domination. National liberty exists only when a nation is independent

and sovereign. For example, India got national liberty on August 15,1947. This right is the foundation of other liberties.

Thus, national liberty provides a basis for political, civil and economic liberties.

1 EQUALITY | Meaning & Nature:

Literally equality means that all men are equal and hence they deserve identity of treatment. The advocates of equality asserted that all men are born equal and the nature has willed them to remain so. Upto 18th century equality was not used freely. French Revolution of 1789 took place on the basis of liberty, equality and fraternity and gave new meaning to equality. American Revolution of 1776 declared that all men are bom with equality. In their view, equality is an essential natural right of man. Thus, people are said to be equal if they have the same income. To make them equal they must be given identity or reward. But this is erroneous view of equality. Absolute equality is impossible. Nature has not created all men equal. Men by nature are unequal. Some men are physically strong, others weak. No two men resemble each other. Therefore, inequality is natural fact.

Appadorai says that "all men are equal, is as erroneous as that the surface of the earth is level". The differences between man and man is so great that no power of the world can make them equal.

It means in all respect, all individuals are equal. But we cannot find reality in it. Alongwith natural differences we can find man made differences. For e.g. - Strong and weak, handsome and ugly, white

and black people are common. Therefore, by removing man made inequalities, every individual is to be provided an equal opportunities for the development of their personality is real equality. Kinds of Equality:

1. National Equality : Natural equality means the absence of artificial or man-made inequalities. No doubt natural inequalities cannot be removed but artificial inequalities created by man can be

removed. Laws should not create inequalities on the bais of natural inequalities. The State should reduce the disadvantages, arising from natural inequalities by providing socio-economic opportunities to the weak. It should overcome rather than perpetuate national inequalities.

2. Civil Equality: Civil equality menas equality of civil rights and liberty for all citizens. There shall be no difference in the treatment of law. All are equal before law. The rich and the poor, black and white should be treated alike. There shall be no discrimination between man and man on the grounds of caste, colour, sex, religion, status, language etc.

3. Political Equality: Political equality means equal political rights and privileges to all citizens. Political rights include right to vote, right to stand for election, right to hold public office, and right to criticise the government All citizens, irrespective of any discrimination should have an equal voice in the affiars of the discrimination should have an equal voice in the affairs of the government. This implies democracy and universal adult franchise. Political equality is the basis of modern democracy. But political equality is the basis of modern democracy. But political equality is never real unless it is accompanied by economic equality.

4. Economic Equality: In the economic sphere equality implies the removal of gross inequalities of wealth and a certain levelling of incomes. Economic equality does not mean that all should have the same income because human wants differ and with it the individual capacity to fulfill these wants also differ. It simply means that all sections of people should have an adequate opportunity for earning a certain minimum standard of income. This income should be sufficient enough to satisfy their primary needs-food, clothing, and shelter. Thus economic equality is the bedrock of democracy.

5. Social Equality: Social equality implies the removal of all sorts of class distinctions. It does not accept any difference in the social status of man. All should have equal status. None is inferior to another.

No class or group is entitled to any special privilege on the ground of caste, colour, creed, place of birth, or religion. It is to be noted that in India there is no 'social equality because Indians believe in caste system, which is a negation of social equality.

LIBERTY AND EQUALITY

There are two divergent views among political thinkers on the relation between liberty and equality. They are,

1. Opposed to Each Other: Some political thinkers thought that

liberty and equality cannot go together. Liberty implies the freedom

to do what one would like to do. This is true if freedom is interpreted

in its absolute sense to mean that every individual shall be free

according to his opportunities. Lord Action said "the passion of

equality is made vain in the hope of liberty".

The exponents held the view that liberty is natural and equality is not. Nature itself has created differences. For eg. some are intellectuals and others are dull. Liberty means free i.e., no restrictions, equality needs some restrictions. It is against the principle of liberty. The institution of property is natural and therefore, should not be restricted by equality. Perfect equality is possible only when it is enforced by state. Excess power of the state is harmful to the liberty of the people. Moreover, state has produced many evils of capitalism which has encouraged exploitation. Democracy is a system based on liberty and equality. But unfortunately, democracy is either becoming elitist democracy and dollar democracy. Hence liberty and equality are opposed to each other.

2. Complementary to each other : The Liberals and Marxists

have asserted that liberty and equality are not opposed to each

other. All may enjoy liberty only when privileged classes are

abolished. In a society of unequals freedom becomes a farce. What

is the use of expression of thought, if some are deprived ? That is

why R. H. Tawney observes that a large measure of equality is

essential to liberty.

If there is only liberty, there will be anarchy. The liberty will be exploited for personal profit. Liberty needs equality, so that there will be no concentration of wealth in one or few hands. Marxists said that liberty and equality are closely related to classless society.

The liberals think that democracy can never be successful if there is perfect liberty with equality. Laski said that, "there can be no democratic government in the absence of freedom". Democracy is based on political equality. Political equality is not possible without social and economic equality. In the absense of social equality, some social classes will dominate politics and in the absence of economic equality capitalists will dominate politics. In the absence of social and economic equality liberty is just a myth. People may enjoy real liberty only where social and economic equality is established. This will make democracy successful.

1 JUSTICE |

Meaning and Nature:

The term Justice has come from the Latin word' Justicia' which means the idea bond or tie among human beings or joining or fitting.

Normally justice implies virtue or richness.

It is equated with truthfullnesss and morality.

Hence, justice is viewed as a norm to measure the good and bad conduct of man, and his social institutions. It aims to provide a balance between the rights and duties of the people.

Some political thinkers said that justice is the good of able individual, some others said that justice means equality, rule of law, removal of partiality. Therefore the term law gives different meaning according to the changing conditions. Justice is the part of law, morality, economics, sociology, philosophy. The concept of justice can be seen with liberty, equality, property etc.

The concept of justice was used in the Greek political thought, justice is related to morality and not law. In modern society more meaning is given to justice.

Definitions:

Websters English Dictionary - "Legal decision itself is justice. The words proper, virtue; supreme etc are the basis of justice".

Prof. Barker - "Justice is the reconciler and the synthesis of political values".

Plato - "Justice means giving share to every one that is his"

Plato - "An individual who performs his duties without interfering in the work of others is called justice."

Jenny Beutham - "Greatest happiness of the greatest number itself is justice"

Kinds of Justice:

1. Social Justice : Social justice is regarded as a force behind social change.

Exploited people who want to bring changes through social demands is called social justice.

Social justice defends the abolition of special opportunities to any individual.

Social justice depends upon economic, political and legal Justice.

Social justice means the provision of opportunities to all classess. To provide the essentials of life to all classess of people is called social justice.

With this all the people of a society will have an opportunity to develop their personality. No individual shall be escaped from getting essential opportunities. Thus the aim of social justice is to protect the interest of all to eradicate poverty, unemployment and illiteracy.

2. Economic Justice: Economic factors are the basis of justice. The provision of justice.

The provision of employment and essential requirements of life to lead happy life is called economic justice.

If every individual's economic liberty and economic equality are protected he will get economic justice. The French, German, Russian thinkers and revolutionists said that economic justice can be seen in economic field.

Economic Justice can be seen in two approaches. 1. To satisfy the economic needs itself is economic Justice. Liberals said that it is impossible to bring economic justice without the abolition of capitalism and property.

2. Karl Marx said that economic justice depends upon production I system, therefore economic justice means implementation of I communism by removing private property. It means economic justice I is possible where there is no exploitation.

3. Political Justice: Political justice gives full liberty to the people. Every citizen should be given equal opportunity to participate in the I process of government.

The legislatures have been formed on the basis of adult franchise.

Every citizen should be given right to vote, right to contest for I election, right to petition. These provisions are nothing but political justice. Political justice is available on the basis of equality. Under Article No. 1 of the 'Declaration of Human Rights in 1948, provides that,' People are bom equal, they have all kinds of rights and dignity. Therefore, all the people work with co-operation on the feelings of reason and fraternity.

4. Legal Justice: To provide justice through law is legal justice.

The concept of justice comes to forefront only when all the people

understand the meaning of law. Therefore if the legislature passess

the laws in accordance with the convenience of the people is called

legal justice. If the legislature makes bad laws people may protest

them. Every citizen should get impartial justice under the existing

law. For this purpose the judiciary play most responsible role. When

the courts provides independent and impartial justice, then only it

becomes legal justice.

If law according to justice and justice according to law is there none can question it. The social consciousness comes only when the law adopts human values. Justice is available when the laws are enforced according to the social values.

JOHN RAWL'S ON JUSTICE]

John Rawl's wrote a book "Justice as Fairness" and published it in 1958. This book created a stir on the western liberal theorists. With this work the name of Rawl's soared blazingly into prominent throughout intellectual world. The basic objective of the study of Rawl's is to provide a coherent theoretical foundation to the concept of justice.

Rawl's sets out two basic moral principles of Justice which a constitutional democrat can satisfy, i.e.,

1. Each person is to have a equal right to the most extensive basic liberty compatible with a similar liberty for others.

2. Social and economic inequalities are the benefit of the least advantaged offices and position must be open to all under the conditions of fair equality of opportunity.

These two principles apply to the basic structure of society. They are to govern the assignment of rights and duties. They regulate .the distribution of social and economic advantages. According to these principles social structure can be achieved into two different parts. His theory of justice depends upon the theory of society. The two principles are general conceptions of justice such as values -liberty, opportunity, wealth, and self-respect are to be distributed equally. The conception of justice is a part of the theory of rational choice. These principles deal with conflicting claims upon the advantages won by social co-operation.

In developing Justice as fairness, Rawl's expressed that I shall leave aside the general conception of Justice and examine the two principles in serial order.

Rawl's theory of Justice has earned the reputation of wide publicity and this is due to the fact that it is widely read and discussed.

Rawl's observes that there are many rules, which govern social practice out of which justice comes. He proceeds to discuss different aspects of justice, which is both democratic and moral. While formulating policy and programme the individual or agents always give highest priority to the principles of justice.

Rawl's theory of Justice contains a very interesting analysis ' about human nature and its relation to justice. He says that men are not always conscious of their own position. They do not always protest against injustice resulting from discrimination.

In his theory of Justice, Rawl's sought a sharp distinction between individual agents and the circumstances with which they are required to act. He has depicted them as the rational prudential agents of neo-classical economics. To him the ideal of the person is the outcome of justice and not the foundation.

Rawl's said that moral persons are characterized by two moral powers. The first power is the capacity for an offensive sense of justice according to the principle of justice, The second moral power is the capacity to form, revise and peruse conception of the good.

Since the beginning of 1980s, starting with the Deways Lectures, Rawl's has made it clear that he does not wish to view justice as fairness. Underlying the various shifts toward political liberalism societies are characterized by an irreversible pluralism. He has stressed on metaphysical and religious conceptions. This emphasis on pluralism can be understood in the context of political and cultural history of the USA. Features of Rawl's Theory of Justice :

1. Rejection of Utilitarianism : The outstanding and the most striking feature of Rawl's theory of justice is the rejection of the utilitarian philosophy and its substitution by an alternative moral perspective. He argued that utilitarianism of Bentham and Hume is inconsistent to the extent that it may be made compatible with unjust social institutions like slavery. Justice in a correct sense should be regarded as the first virtue of social institutions and the operation of the distribution of goods.

2. Self-Esteem : The basis of self-esteem in a just society is the public affirmed distribution of fundamental rights and liberties. It is central feature of human beings in their desire to express their nature in a free social union with others. In this way liberty moves closer to

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Law, Liberty, Equality, Justice

inequality and Rawl's calls it the 'process of chain connectedness'.

3. Relation Between Liberty and Equality: Rawl's has given a powerful instrument for illuminating social problems emanating from the issue of ideal relationship between liberty and equality and suggested a picture of justice in the liberal society.

4. Substantive Social Justice: Rawl's theory has been considered as a contribution to the case of substantive social justice. To him moral system can be understood only in the context of class relationship and of ownership. It is a procedural theory of justice, which maximizes the well being of the least advantaged. The natural assets should be distributed according to the principle of social justice.

5. Justice as Fairness: Principle of justice as fairness comes close to society, for it meets the principles which free and equal persons would assent to under circumstances that are fair. Then justice as fairness succeeds reasonably well. It insists a moral conception of moral personality.

Criticism:

1. Rawl's concept of Justice is at once too narrow and too broad. It is too narrow, because it rules out elements that partisans of many positions think essential. It is too .broad, because it includes elements that many others find it unacceptable.

2. Rawl's practical conception of first principle opens the door to the arbitrary selection of practical constraints. For e.g., Rawl's refuses to rest the content of first principle on highly developed powers of reflection.

3. Rawl's theory of justice is criticized on the ground that justice as fairness flatly rejects the conception of the individuals underlying beliefs and practices.

CHAPTER 5

Rights

•Meaning, Nature

Kinds of Rights

•Natural, Moral, LegalRights •Political, Civil, Economic Rights •Fundamental Rights & Human Rights

•Safeguards of Rights

Duties

• Meaning, Nature, Importance

• Individual's Rights towards state

RIGHTS

Nature and Meaning:

Rights are indispensable for the development of human beings.

No civilised life is possible without rights.

They give meaning to our life.

Aristotle said "Life is not mere living but living well."

They provide adequate opportunity to develop our personality.

Rights are primary conditions of freedom, happiness, progress and order.

Rights are outer conditions needed for inner development of individuals.

They are the contributions of the society and substance of human happiness.

They are necessary conditions of our social life.

They are recognised by the state and the society.

Absence of unnecessary restraint on the freedom of individuals is the basis of rights.

Rights are social conditions necessary for the development of individual personality.

Rights are the privileges enjoyed by the citizens of the state and sanctioned by law.

In the modern society, state is the place where rights are originated.

The state respects, protects and regulates these rights.

Rights and duties are the two sides of the same coin. One person's right becomes the duty of another. Hobhouse said that an individual should not only use rights for him but also use for the welfare of others.

Rights have been existed for the social development of man.

Rights are accepted only when they are sanctioned by legislature.

Thus, for the enjoyment of citizenship the rights are sanctioned by the state.

Definitions:

Laski: "Rights are those conditions of social life without which no man cannot be at his best."

Hobhouse: "Rights are what we may expect from others and others from us and all genuine rights are conditions of social welfare."

T.H. Green: "Rights are those conditions of life which are necessary for the fulfilment of man's vocation as a moral being."

Importance of Rights:

Rights are considered not only necessary but also important to lead happy and honourable life.

Rights are very important components of modem state.

Without rights liberty and equality have no meaning. Hence Prof. Laski said that "Every state is known by the rights that it maintains".

The democratic state upholds rights because they are essential to the proper functioning of democratic government.

The rights are not created by the state, but are recognised and enforced by the state.

Prof. Laski was of the opinion that, rights are those conditions of social life without which man cannot be at his best." Thus with the help of rights man can develop his personality.

But rights are not absolute. There are certain restrictions on the enjoyment of these rights. It implies that the individual has to enjoy the rights and also respect the rights of others.

Classification of Rights:

Rights

Natural Rights Moral Rights Legal Rights

Civil Rights Political Rights | [Economic Rights

Fundamental Rights

1. Natural Rights : In the presociety or state of nature men enjoyed natural rights of life, liberty and property, as advocated by Thomas Hobbes, John Locke and Jean Jacques Rousseau.

Therefore these rights are called natural rights.

Some political thinkers were of the opinion that these natural rights are given either by nature or by God.

2. Moral Rights :

Moral rights are sponsored by the ethical code of conduct.

They are based on the conscience of the people.

These rights have no legal backing. The state do not protect these rights.

It is right of the parents to be looked upon by their children.

It is the duty of every person to do so. If not otherwise the parents cannot approach the court of law against their children.

It is because the moral rights are not backed by law. If a person fails to look towards his parents they have to face public criticism.

Similarly it is the duty of parents to give education to their wards. But if the parents fails, the children cannot approach the court against their parents. No legal action can be taken against any person for ignoring moral rights.

3. Legal Rights : Legal rights are guaranteed by the state to the

citizens.

These rights are recognised by the state and applied by the court.

Every state has the system of constitutional remedies to protect the rights.

If rights of a person are taken over by others the state can

punish them. All the states have recognised right to life. Therefore killing is a punishable offence. Every individual has freedom of expression and thought.

No individual has the right to take the rights of others. For eg.: Article 32 of the Indian constitution protects the rights of its citizens through the right to constitutional remedies. If any of the rights of an individual are abridged by any body that person can approach the court of law.

The legal rights are further classified into Civil rights, Political rights, Economic rights and Fundamental rights.

(The Fundamental Rights are explained seperately in the next chapter)

Civil Rights:

Civil rights are necessary for human beings.

They are favourable to lead happy life.

The following are civil rights:

1. Right to life : It is an important civil right of the citizens.

All rights are based on this right. Without this right the life would not be safe.

The state has to protect the lives of all from enemies.

The law does not permit any person to take away the life of another.

Committing suicide, or murder is a punishable offence.

2. Right to Liberty : It is a positive opportunity for self development. It is useful against free arrest and detention. Eg. Without law inforce no person can be arrested. During war and emergency restrictions can be placed on this right.

3. Right to selfrespect: Every citizen has the right to be self respected. No person can be criticised by name, status and dignity through words, acting and picture. Those who inflict others are punished by the state. For eg.: The public policy taken up by a minister can be criticised which cannot be an offence. But if any body criticise the personal action of a minister comes under public litigation is punishable.

Right to Religion : Every citizen has the right to profess, propagate and practice any religion as he pleases. In secular state righl to religion is so important. The state is neutral in matters ofreligions. For e.g. Article 25 of the constitution provides that every citizen of India has the right to profess propagate and practice any religion as he pleases. But subject to public peace and morality. If the religious institutions acts contrary to the society, their activities are curbed by the government.

5. Right to Education: Today political institutions have grown up according to civilization. To understand all these problems education is necessary. The person who has knowledge can survive anywhere. The state has to provide an opportunity for its citizens to get education ..For managing the duties properly right to education is necessary. (Laski). Hence, free and compulsory primary education has been implemented.

6. Right to Property: The right to property has been one of the most cherished rights of man since the dawn of human civilization. Property includes all those things, which are essential for the sustenance of man's life. By this right we mean that a man should have unrestricted freedom to enjoy his property, to alienate it by way of sale, gift, exchange etc. This right is essential because it gives man a sense of security and independence. Aristotle thought that the possession of property develops in man the virtue of generosity, charity and liberality.

7. Right to Contract: This right is regarded as an essential condition of civilized life. It is important function of the state to recognize and enforce the contracts entered by individuals or coiporations. If the citizens of a state do not fulfill the contracts made by them, social life is impossible.

8. Right to hold Family Life : In the life of man, importance is given to family. The state has given liberty to the individuals in matters of family life. E.g. Government of India has passed the law for one man one wife and declared polygamy as an offence. Therefore, citizen has the right to marriage and to live a family life.

9. Right to speech, press and assembly : These rights are essential for man's development which are foundation of democracy. If associations are to function people must have these rights. If these rights are curbed democracy fails. The state should not curb the public opinion. But certain restrictions are necessary on these rights. During emergency, for the unity and integrity of the nation, these rights can be restricted.

10. Right to freedom of Association: Todays society is a network of associations. The individuals may have religious, economic, social, political and cultural associations to fulfil their desires. Therefore, in democratic states this right is guaranteed to the people. But the associations which go against the government can be banned. For Eg. Earlier RSS was banned.

Political Rights:

1. Right to Vote: The right to vote is the most important political right. It is the basis of democracy. Laski was strong supporter of universal adult franchise. Most of the democratic states have given the right to vote to all their adult citizens.

2. Right to Contest for Election: The right to seek election to a public office is a corollary of the right to vote. In some countries all adults have the right to vote, but all cannot seek election to an elective body.

3. Right to Hold Public Office: It means equal opportunities for all citizens in matters of public employment. It should not discriminate against any citizen on the ground of race, religion, caste or sex. Public offices should be open to all on the basis of merit.

4. Right to Petition: The right to petition is an important political right. The citizens of a state have the right to bring their grievances to the legislative or the executive organ of the government. In a democracy ultimate sovereignty resides in the people. The government, therefore, cannot ignore their legitimate grievances.

5. Right to criticise the Government: In democracy the people enjoy the right to criticise the policies of the government. The right is regarded as important political right of the people. Democracy is a government by ctiticism. In the words of Staffard Cripps, "Democracy is a system of government in which every adult citizen is equally free to express his views and desires upon all subjects in whatever he wishes."

Economic Rights:

Economic rights are intended to provide economic relief to the citizens. They aim at satisfying the economic wants of man, like food, clothing, shelter and wealth. They solve the problems of poverty, unemployment and misery. The following are the economic rights.

1. Right to Work: The most important among economic rights is the right to work. In an organised society, men must live on the reward of their labour. Workers must be paid adequate wages for their quantum of work put in. They should be able to get enough for their food, clothing and shelter. Workers must be made to work only for reasonable hours. It should either provide work for every citizen or should make provision for unemployment insurance till they get secured jobs.

2. Right to Property: Right to property is an important economic right. Property right implies the right of citizens over belongings. It refers to an appropriation of material objects recognised by the state.

Right to property gives citizens, contentment and happiness. The magic of private property can convert sand into gold. It makes our life creative.

3. Right to Rest and Leisure : Long hours of work means

frustration. Workers must get leisure for their creative work

depending upon the nature of work, rest time etc. Leisure recreates

minds through entertainment.

4. Right to Contract: Right to contract is another economic right. Citizens are given the right of entering into different contracts with individuals, associations and government/Contracts or agreements are essential conditions of civilised life. Government permits such contracts provided they do not disturb normal business of the society.

1 FUNDAMENTAL RIGHTS

The III part of the constitution of India has guaranteed seven fundamental rights. But the 44th Amendment Act of 1979 deleted 6th fundamental right, right to property. Now there remains only a legal right. All the fundamental rights come under articles from 12 to 35. Some articles are directly applicable to the citizens of India and some articles are applicable to both the citizens of India and also the aliens. These rights are explained as under. 1. Right to Equality : (14 to 18) Article 14 confers on all the citizens' equality before law and equal protection of law. Equality before law means that every body is equal in the eyes of law and nobody is above law. Equal protection of law means that there shall be equality of treatment under similar circumstances.

Article 15 prohibits any discrimination by the state towards its citizens on grounds of race, religion, caste, gender and place of birth. The same article throws open public places, like shops, wells, restaurants etc. to all citizens.

Article 16 provides equality in matters of public employment. No.

one shall be discriminated on the grounds of race, religion, caste,

gender, place of birth and residence. But the state may discriminate

in favour of backward classes of citizens by reserving jobs in the

Government.

Article 17 prohibits the practice of untouchability in any form. Those

who practice it will be severely punished.

Article 18 prohibits the state from conferring titles like Rao Bahadur, His Highness etc, on its citizens. However, it may award military or civil distinctions like Paramavir Chakra, Bharat Ratna, Padmabhushan, Padmavibhushan, Padmashree.

2. Right to Freedom (19 to 22): Article 19 gives 6 freedoms to the citizens of India. Such as: a) Freedom of speech and expression, b) Assemble peacefully without arms, c) Form associations, d) Move freely within the country, e) To reside and settle down in any part of the country. F) To practice any profession or trade.

However the state can place restrictions in the interests of its security and sovereignty. The parliament is competent to make laws restricting the freedoms mentioned above.

Article 20: Right to Personal Life and Liberty:

a) No person shall be arrested when the law is not in operation.

b) No person shall be punished more than once for the same offence.

c) No person shall be forced to give evidence against himself.

Article 21 No person shall be deprived of his life and liberty except according to the procedure established by law. The punishment shall be enforced only when he is punished.

Article 22 Preventive Detention It provides safeguards to persons under arrest. They are

a) 22 (1) The person arrested shall be informed of the grounds of

his arrest as soon as possible.

b). 22(2) The person arrested shall be produced before the nearest

magistrate within 24 hours of his arrest. He shall not be denied the

right to consult and be.defended by a lawyer,

c). 22(3) Preventive Detention shall not be applicable to the person

who has been arrested according to law.

d) 22(4) The person who has been arrested shall not be detained in

custody more than 3 months.

e) 22(5) The person who has been arrested and detained in custody shall be informed of the ground of his arrest.

f) 22(6) The ground of arrest against the public interest shall not be informed.

g) 22(7) With the approval of the parliament the detention period shall be extended more than 3 months.

3. Right Against Exploitation (23 to 24): Article 23 prohibits traffic in human beings and of forced labour. Selling of women in to prostitution is prohibited. Article 24 prohibits employment of children below the age of 14 years in factories and mines which is of hazardous nature.

4. Right to Religion (25 to 28):

Article 25: Every citizen has the right to profess, propagate and practice any religion as he pleases subject to public peace and morality.

Article 26: Every religious group shall establish institutions for charitable and religious purpose and manage its internal affairs and to acquire any property.

Article 27: State shall not to collect taxes for the maintenance of any particular religion or religious institution.

Article 28: No religious instructions shall be given in the government or aided educational institutions.

5. Cultural And Educational Rights : (29 to 30) Article 29

Every citizen has the right to protect the culture and script of his

choice. There shall be no discrimination on the grounds of religion,

race, caste, gender, place of birth and residence in matter of

admission in government or aided educational institutions. However,

the state may make reservations for SCs / STs.

Article 30 gives the right to any cultural group or minority community . to run an educational institution and the government shall not make any discrimination while granting aid. Also full compensation shall I be paid if any property of such an institution is acquired.

6. Right to Constitutional Remedies (32) : It protects the citizens against encroachment of his rights. Dr. B. R. Ambedkar said that this right is the heart and soul of the Constitution. Article 32 Every citizen has the right to move to the court if his rights are encroached by any body. Article 32(1) The Supreme Court is empowered to issue writs of Habeas Corpus, Mandamus, Prohibition, QuoWaranto and Certiorari. Article 226 High Court can also issue writs for the enforcement of fundamental rights. This right is regarded as the custodian of all the rights.

Limitations on Fundamental Rights:

a. Article 33 grants the power to parliament to modify and restrict

the application of fundamental rights to members of the armed forces

or police force in the interest of discipline.

b. Under Article 34, parliament may grant immunity to Government

officials for their actions in connection with law and order when

martial law is in operation in any area.

c. Fundamental rights available under Article 19 and 32 are

suspended during national emergency.

d. The parliament has the right to restrict or modify the scope of

fundamental rights in the interests of economic justice, promotion of

the welfare of backward classes, security and sovereignty of the

country.

It is noticed with some concern that the legislature and the executive seems to be encroaching into the fundamental rights on various grounds. A vigilant public opinion and strong independent judiciary are ultimately the best safeguards to protect the rights of citizens.

Suspension of Fundamental Rights:

When the President of India proclaims emergency under Article 352, the freedoms guaranteed under Article 19 are automatically suspended. During emergency no law or executive order issued by the state can be challenged on the ground that it is inconsonance with the rights guaranteed by Article 19. The President can also suspend other Fundamental Rights through orders. But the orders are to be approved by the parliament.

Parliament's Right to Amend the Fundamental Rights:

A controversy persisted on whether the parliament^can amend the Fundamental Right or not'ln the Galaknath case, (1967) the Supreme Court held by a majority of six to five that the parliament had no power to amend any of the provisions of part III of the constitution. The supreme court in Keshavanand Bharati case formally conceded the right of the parliament to amend any part of the constitution. But it rulled that the parliament could not destroy the basic structure of the constitution.

The 42 Amend Act, 1976 asserted that the parliament had unlimited power to amend the constitution. But in the Minerva Mills case (1980) the supreme court struck down the provisions of the Act which granted unlimited amending power to the parliament. At present the parliament can amend any part of the constitution, including part III dealing with Fundamental rights, provided it does not disturb the basic structure of the constitution.

HUMAN RIGHTS

Universal Declaration of Human Rights:

The UN General Assembly adopted the Universal Declaration of Human Rights on 10th December, 1948. General Assembly discribed it as "a common standard of achievement for all the people and nations". It called upon the member states and the people to promote and secure the recognition and observance of the rights and freedoms set forth in the Declaration. The UN Charter asserts that all human beings are bom equal in dignity and are entitled to all the rights without any distinction of race, colour, sex, language, religion, opinion, property, birth or status.

The Civil and Political rights have been oudined in Articles 3 to 21 of the Declaration that include the following

1. Right to life, liberty and security.

2. Freedom from slavery and exploitation.

3. Freedom from torture, inhuman punishment.

4. Right to recognition as a person before the law, right to judicial remedy, freedom, trial and public hearing by independent and importial Tribunal, right to be presumed innocent until proved guilty.

5. Freedom from arbitary interference with privacy, family, home

freedom from attacks upon honour and reputation, right to protection of law against such attacks.

6. Freedom of movement, the right to asylum, the right to a nationality.

7. Right to marry and have a family, right to own property.

8. Freedom of thought, conscience, religion, freedom of opinion and expression.

9. The right to peaceful assembly and association.

10. The right to take part in the government and equal access to

public service.

In addition to these rights, the Declaration has outlined economic, social and cultural rights in Articles 2227 such as.

1. Right to Social Security.

2. Right to work, right to equal pay for equal work, right to form and join trade unions.

3,. Right to rest and leisure.

4. Right to a standard of living and adequate health.

5. Right to education.

6. Right to participate in the cultural life of the community.

International Convenants on Human Rights:

Two covenants on Human Rights were adopted by UN General Assembly on 16th December, 1966 to give legal and binding force on the proclamation. These covenants incorporated the right of the people to selfdetermination and right to dispose freely their natural wealth and resources. The International Covenant on Economic, Social and Cultural Rights came into force on 3rd January, 1976. It sought to promote three types of rights.

1. Right to work in just and favourable conditions.

2. Right to social protection to an adequate standard of living and to highest attainable standard of physical and mental wellbeing.

3. Right to education and the enjoyment of cultural freedom and scientific progress.

The covenant dealt with rights like freedom of movement, equality before law, the right to a fair trial and presumption and religion, freedom of opinion and expression, participation in public affairs, elections and protection of minority rights.

The covenant prohibited deprivation of life, torture, cruel treatment or punishment, slavery and forced labour, arbitrary arrest or detention and arbitrary interference with privacy, war, propaganda, racial and religious hatred.

The member states of UNO Declared Human Rights on 10th December, J948. Thus Human Rights were implemented. This day is celebrating as Human Rights Day in the whole world. Similarly Human Rights have been inserted under III and IV Parts of theIndian Constitution. For giving respect to Human Rights European Agreement of 1950, International Amnesty 1966 and 1969, Helsinki Agreement 1975 etc. have come into force.

International Amuesty Organization is trying to protect the Human Rights. Therefore, this organization won Nobel Peace Prize in 1977. The UNO is taking initiative to solve the problems relating to Human Rights such as Protection of Minority, Status of Women, Racial Discrimination etc.

Though in theory the Declaration of Human Rights is the symbol of development of man's personality they are criticised as a bogus declaration because it has no support of law.

Human Rights Bodies:

Several Human Rights bodies were set up to protect and promote human rights.

1. Economic & Social Council (ECOSOC): In 1946 this council set up a commission for the submission of proposals, recommendations and investigative reports.

2. SubCommission: SubCommission was set up to investigate issues dealing with prevention of discrimination and protection of ethnic, religious, racial and linguistic minorities and makes necessary recommendations.

Commission for Human Rights:

The UN General Assembly created the office of High Commissioner for Human Rights in December 1993. Which works under the direction of UN Secretary General. He is resonsible for promoting and protecting the enjoyment of civil, cultural, political and social rights. It helps to remove obstacles in the way of human rights and preventing violations throughout the world, engaging in dialogue with governmens to secure respect for human rights.

Check on Human Rights Violations:

1. The UN strives to combat human rights violations through complaints from the individuals and organisations.

It holds discussions on the violation of Human Rights taking place in different parts of the world.

2. It appoints fact finding experts to examine the situation.

4. On the basis of information received from the experts the

commission calls upon the concerned government to bring necessary

changes and restore full enjoyment of human rights.

5. The commission considers human rights in the global context and

investigates human rights issues.

It has examined human rights issues like religious introlerance, freedom of expression, violence against women, child prostitution, child poronography.

Human Rights Commission in India:

In India Human Rights commission was stablished in 1993. The president and other members of the commission are appointed by the pressident of india once in 5 years. Functions:

1. Protection of Human Rights that are suspended by the government officials.

2. Interference in the laws which violate human rights.

3. To study about the Life and Condition of Prisoners.

4. Criticism of the obstacles in the way human rights through terrorist activities and to suggest remedies.

5. To take action for the protection of Human Rights.

6. To encourage for undertaking research on Human Rights.

The constitution of India provides for meaningful practice of Human Rights. The parliament of India passed Human Rights Protection Act 1993. Some of the states also have established Human Rights Commissions. UN Human Rights commission and office of the High Commissioner Publish the reports on Human Rights. Amnesty International, Human Rights watch, Human Rights Research, American Association for Civil Liberties, People's Union of India for Civil Liberties etc. undertake the work of propaganda and make the people to be alert about these rights.

We can say that the Human Rights are the instruments for catching democratic values. During the period from 19952004 has been declared as UN's Human Rights Education Year. All the member countries of UNO are trying to achieve the aims and objectives of the Declaration for the betterment of their peoples.

Criticism:

1. It is impossible to enjoy Human Rights only in the presence of Human Rights Declaration, International Agreements and NationalRegional Laws.

2. Courts are delaying to protect the rights. The rights are not reaching the poor people.

3. There is no availability of Human Rights to women, Children, Sc's, St's etc. The police atrocities on these people are increasing.

4. There is a violation of Human rights in the states of Punjab, Jammu and Kashmir and Bihar. Deaths in Police Custody and Police atrocities are increaing day by day. It is thus the indication of Human Rights violation.

Safeguards of Rights:

Certain methods have been evolved to safeguard the rights of the individuals. It is not enough to guarantee rights, but it is also necessary to safeguard them. Then only individuals can enjoy the rights that are guaranteed to them. The rights of the people can be safeguarded through the following methods.

1. Constitution: Constitution of a state is the foremost measure to safeguard the rights. The rights must be clearly mentioned in the constitution. The constitutional provisions are necessary for the protection of rights. The individuals should be assured minimum basic fundamental rights through the constitution.

Rule of Law : The rule of law in protecting the rights is so important. For eg. in England, though the constitution is unwritten,the people enjoy rights through rule of law. It plays the role of curbing misuse of individual rights.

3. Independent Judiciary: The independent and impartial judicial system also is an important safeguard of rights. If the rights of an individual are abridged or abrogated either by the other individual or by the governments, the agrieved person can approach the court of law, then the court will come in the way and give justice to him, if his rights are in danger really. For eg. Article No. 32 of the Indian Constitution provides for right to constitutional remedies through which the rights are safeguarded.

4. Free and Impartial Press : Free and impartial, press is also regarded as an important right. The press should be left free and unfettered and the state should not be able to threaten and silence it. The free press can formulate public opinion.

5. Consciousness of the People: Consciousness of the people is also regarded as a means to safeguard their rights. If the people are alert and conscious of their rights they can fright for protecting rights. Even the consciousness of the people is more important than law for safeguarding their rights.

6. Public Opinion: Strong and stable opinion also is regarded as an important measure to safeguard the rights. No government or any authority can dare to curb the rights of the people against strong public opinion.

DUTIES

Meaning:

A duty is an obligation.

It is something we owe to others as social beings.

When we live together we must let other live with us.

It implies certain do's and don'ts.

What is a right in regard to one's self is a duty in regard to others.

Rights and duties are like the two sides of the same coin.

If we look at one point, they are rights and if we look at other point, they are duties.

Every right has a corresponding duty. Without duties there can be no rights. The simple truth is that to do unto others as you would have others do unto you. I may enjoy my rights only if I respect the rights of others. Kinds of Duties:

Duties are classified into moral and legal.

1. Moral duty: A moral duty is enjoined upon the people on moral grounds. Moral duties form the basis of legal duties, but a moral duty may not be supported by the laws of the state. If there is a breach of moral duties there is nothing to punish the wrong doer legally. For example, it is my duty to be obedient and respectful to my parents. But if I fail in my duty, the laws of the state cannot punish me. For this it is only a moral duty.

2. Legal Duties: Those duties which are enjoined on citizens by the laws of the state and enforceable in courts, are known as legal duties. Failure to perform legal duties is punishable. It is my duty to obey the laws of the state. If I do not, I can be punished accordingly. Legal duties are also called as positive duties.

Duties of the Individuals towards the State:

1. Loyalty to the State: It is the foremost obligation of a citizen to be loyal to his state. If there is external aggression on the state the citizen must commit himself to support the government.

This type of loyalty increases the power of the state and its sovereignty.

It leads to patriotism.

2. Obedience to Law : It is regarded as the most important obligation of the citizen.

The law abiding citizens are the assets to the state and the lawbreakers a liability.

To obey the laws means to obey the state.

3. Payment of Taxes: The modern states are welfare states. Hence the states through welfare programs for the betterment of the people. Hence it requires huge amount of money. This money is collected in the form of Tax. Therefore, it is the boundain duty of every individual to pay the taxes regularly without evading from this obligation. Through this obligation the government can discharge its functions and responsibilities in a right direction.

4. To Cast Votes : In democracy, right to vote has become very important obligation of an individual. It is not only a right but also a duty. The voters must have to perform their duties at the time of elections intelligently. They should elect the right persons for the right place.

5. To Join the Public Service: To join or to hold public service is yet another important obligation of the people towards the state. He has the right to occupy and hold public office and function properly, effectively and efficiently. Then only the administration becomes proper.

6. Cooperation with the Government: Cooperation with the government is an important obligation of the people in a democratic country. The government has to perform its obligation towards the people in maintaining law and order situation and implementing welfare programs. Hence it is the duty of the people to cooperate with the governmental activities.

7. To Render Military Service: The fundamental obligation of the people towards the state is to render military service whenever called for. During the time of war if country needs the service of the people, they should not hestitate to sacrifice their lives for the protection of their mother land.

8. Rightto Resist the State : Some times the government will pass bad and harmful laws and execute them over the people. Such laws should be resisted, otherwise the people will fail in their duty towards the state. Prof. Laski, Gandhiji, John Locke andT.H. Green have given their opinion for the resistance of bad laws, if they are against their will and wish. It is stated that a good citizen obeys good laws and resist bad laws. For eg. Gandhiji launched nonco¬operation and Civil, disobedience movements for resisting bad laws of the British Government. But this kind of resistance should be used a medicine and not as daily diet. Grounds of Political Obligation:

Why people obey laws, is difficult to answer. Scholars hold different opinions on the subject, and each opinion contains an element of truth. But no 'view seems to contain the whole truth. The important views on the question are as follows:

1. Fear of Punishment: The first view is that people obey laws

for the fear of punishment. The sanction behind laws is the coercive

authority of the state. If an individual violates a law, he may be

punished by the government. Hobbes and Bentham were the

exponents of this theory:

2, Rights are Protected by Laws: Most people obey laws because

they provide them security and protect their rights. In every state,

the individual enjoys certain rights. These rights are created and

protected by the laws of the state. Without them his life would be

neither possible nor meaningful. The individual cannot protect his

rights on his own. If there were no coercive authority of the state,

the law of the jungle would prevail; the strong would deprive the

weak and enslave them, as a big fish in the ocean devours the small

ones. The common people realize this importance of laws and obey

them even if they are not fully satisfied with them. The general masses

care more for life and security than for liberty or justice.

In every state there are people who obey laws not because they like them or agree with them but because they consider themto be a lesser evil. Bad laws are better than no laws.

3. Habits: Large number of people obey laws as their habits. An individual is born and brought up in a system of laws. From the very beginning he observes people obeying laws. In his own family he is taught to obey the rules and principles of human conduct. He also oberserves that lawabiding citizens command respect in society and those who violate them are punished. This kind of social environment produces an imperceptible influence on a child's mind, and the observance of laws becomes a habit with him. Later, as an adult he does not always examine the propriety of laws; he obeys them habitually, even if at times they hurt him. A sense of selfrespect and social approbation and disapprobation exercise a tremendous influence on man's conduct and make him lawabiding.

4. Consciousness of the People : In every society there are socially conscious people who care less for their personal welfare. They obey laws not because of the punishment. They realize that the society cannot sustain without laws. Such persons obey laws in spite of personal inconveniences or suffering.

5. Moral Consciousness: Some scholars, are of the opinion that an individual obey laws because it satisfies his sense of justice and morality.

T.H. Green said will, not force, is the basis of the state. Man obey the laws not because of the fear of punishment, but because they are essential for the development of his moral self.

Green argues that the laws of the state have sanction of the moral consciousness of man and therefore, while obeying them he obeys the dictates of his own moral self. He further observes that when a man is punished for a crime, the punishment itself has the sanction of his moral consciousness.

Prof. Laski regards morality as the basis of law. The state has no right to question the allegiance of an individual.

QUESTIONS Five Marks Questions:

1. What is the meaning of political science ?

2. What is the meaning and nature of political science.

3. Explain the scope of political science.

4. Explain the normative theory in the study of political sceince.

5. Explain the growth behaviouralism.

6. Explain the growth of post behaviouralism.

7. Explain the meaning of state.

8. Explain population as an element of state.

9. Explain geography as an element of state.

10. Explain Government as an element of state.

11. Explain sovereignty as an element of state.

12. Explain the Divine theory of the origin of state'.

13. Explain the characteristics of sovereignty.

14. Explain the political and popular sovereignty.

15. Explain the Dejure and Defacto sovereignty.

16. Explain the Nominal and real sovereignty.

17. Explain the Historical school of law.

18. Explain the philosophical school of law.

19. Explain the comparative and social school of law.

20. What is governance ?

21. Examine the meaning of law, liberty and equality.

22. Explain the meaning of justice.

23. Explain the social and economic justice.

24. Explain the political and legal justice.

25. Explain the meaning of rights and duties.

123

26. Explain the political rights.

27. Explain the economic rights.

28. Explain the Human rights.

29. Explain the moral and natural rights.

30. Explain the Duties of Citizens towards state.

31. Explain the grounds of political obligation.

10 Marks Questions :

1. Explain the meaning and scope of political science.

2. Examine the Historical Theory of political science.

3. Explain the normative theory in the study of political science.

4. Explain the features of Behaviouralism.

5. Explain the growth of behaviouralism.

6. Explain the recommendations of David Easton on post behaviouralism.

7. Define state and explain its elements.

8. Explain the Evolutionary theory of the origin of state.

9. Critically explain the Divine theory of the origin of state.

10. Explain the role of Civil Society in the third world.

11. Examine the social contract theory of Hobbes.

12. Examine the social contract theory of Locke.

13. Examine the social contract theory of Rousseau.

14. Explain Rousseau's theory of general will.

15. Explain the characteristics of sovereignty.

16. Explain the Monistic theory of sovereignty.

17. Explain the pluralistic theory of sovereignty.

18. Explain the effects of globalization.

124

19. What is law ? Explain its kinds.

20. Explain the different schools of law.

21. Examine the features of good governance.

22. Explain the kinds of liberty.

23. Explain the kinds of Equality.

24. Explain the difference between law and liberty.

25. Explain the differences between equality and liberty.

26. Explain the dimensions of justice.

27. Explain Rawl's concept of justice.

28. Explain the civil rights.

29. Explain the safeguards of rights.

30. Explain the duties of citizens towards state.

31. Examine the declaration of Human rights.

15 Marks Questions :

1. Define political science and explain its importance.

2. Explain the use of Historical and normative theories in the study of political science.

3. what is behaiouralism ? Explain its features.

4. What is postbehaviuoralism ? Explain its features.

5. What is state ? Explain its elements.

6. Explain the Historical theory of the origin of the origin of state.

7. Critically examine the Divine origin theory of state.

8. Critically examine Hobbe's Social contract theory.

9. Critically examine Locke's theory of social contract.

10. Critically examine Rousseau's theory of social contract.

11. What is general will ? Explain its features.

12. What is Civil Society ? Explain the role of civil society in the third world.

125

13. What is sovereignty ? Explain its characteristics.

14. Define sovereignty. Explain its kinds.

15. Critically examine Austin's theory of sovereignty.

16. Critically examine pluralistic theory of sovereignty.

17. Examine the role of sovereignty in the age of globalization.

18. What is law ? Explain its kinds.

19. Define law. Explain different schools of law.

20. Examine the importance of law and governance.

21. What is liberty ? Explain its kinds.

22. What is equality ? Explain its kinds.

23. What is justice ? Explain its dimensions.

24. Define justice. Explain Rawl's concept of justice.

25. What is rights ? Explain civil rights of a citizen.

26. What is duty ? Explain the duties of a citizen towards state.

27. Why people should obey the state ?

28. Write a note on Human Rights.

29. What is right ? Explain the political rights of a citizen.

30. What is right ? Explain the kinds of rights.

31. What is behaviourahsm ? Explain its merits and demerits.

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MODEL QUESTION PAPER Paper 1. Basic Concepts of Political Science

Total90MarksExam.

10 Marks Internal Assessment

(Bangalore University)

SECTION A

I. Answer any three of the following questions in 60 words

each. 5 x 3 = 15

1. Explain the meaning of political science.

2. Explain the normative theory of political science.

3. Explain the Divine Theory of the origin of State.

4. Explain the characteristics of Sovereignty.

5. Explain the relation between liberty and equality.

SECTION B

II. Answer any three of the following questions in 150 words

each. 10 x 3 = 30

6. What is Behaviouralism ? Explain its features.

7. Explain the Monistic Theory of Sovereignty.

8. Examine the position of Sovereignty in the age of Globalization.

9. What is Governance ? Explain the importance of Law and Governance.

10. Explain the political rights of a citizen.

SECTION C

III. Asnwer any three of the following questions in 400 words

each. 15 x 3 = 45

11. Explain the importance of political science.

12. Explain the evolutionary theory of the origin of state.

13. Critically explain the pluralistic theory of Sovereignty.

14. What is liberty ? Explain its kinds.

15. What is rights ? Explain the duties of the citizens towards state.

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MYSORE UNIVERSITY

Syllabus for Semester Scheme B.A. Political Science 200405

I Semester: PRINCIPLES OF POLITICAL SCIENCE

I a) Meaning, Nature, Scope and Importance of Political

Science.

b) Methods of studying Political Science Historical, Experimental and Behavioural.

II a) State Meaning and Elements.

b) Origin of the State Theories of Social Contract and Evolutionary Theory.

EI a) Soverignty Attributes, Austinian and Pluralistic Theories.

b) Lgal, Political and Popular Soverignty.

IV a) Law Meaning, Sources and Kinds of Law.

b) Distinction between Law and Liberty, Law and Morality.

c) Justice Meaning and Importance.

V a) Rights Meaning and Importance Civil and Political

b) Grounds of Political Obligation.

:

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KUVEMPU UNIVERSITY I Semester: BASIC POLITICAL CONCEPTS Course examination pattern and marks : Semester 80 Course Rationale

1) To acquaint the students with the basic concepts and issues of political enquiry.

Module I: Meaning and Importance of the Discipline.

a) Meaning, Nature, Scope and Importance of Political Science.

b) Methods of Studying Political Science : Deductive and Inductive Methods.

c) Meaning and Importance of Political Theory 20 Hours

II Sovereignty

a) Meaning, Characteristics, Attributes, Kinds of Sovereignty.

b) Theories of Sovereignty:

Monistic and Pluralistic Theories 16 Hours

III Law

a) Meaning and Importance of Law

b) Sources of Law

c) Kinds of Law 13 Hours

IV Rights and Duties

a) Meaning and Importance

b) Kinds of Rights and Safeguards of Rights

c) Duties: Meaning and Importance of Duties. \

d) Kinds of Duties. 16 Hours