LL.B.

HONS- III-SEM
SUB-POLITICAL SCIENCE
Unit-I: Legal Order & Functions of Law
i. Definition of Law, ii. Functions of Law ,iii. Law, Justice and Morality, iv. Classification of Laws: Public and
Private Law, Substantive and Procedural Law, Municipal and International Law, Civil Law and Criminal Law
UNIT-I
LECTURE-1
TOPIC- Definition of law, Functions of law
YOUTUBE LINK- [Link]
[Link]
Previous Year Questions of Lucknow University on this topic
Q.1-Define Law with its main features and also write about its main functions in the state?(2022)
NOTES-
Meaning of Law-
 Law is a rule of conduct developed by the government or society on a certain area.
 The law follows certain practices and customs to deal with crime, trade, social relations, finance and more.
 The law is controlled and enforced by the governing authority.

The term Law is commonly used for three things: –

 At first it is used to make “legal orders”.

 Secondly, law means the entire legal body which exists in one politically organized society.
 Third, the use of law means official control of politically organized society.

Definition of Law-

 According to Salmond “the law may be defined as the body of principles recognized and applied by the state in the
administration of Justice”.

 John Austin’s law definition states “Law is the aggregate set of rules set by a man as politically superior, or sovereign to
men, as political subjects.”in other words” Law is the command of sovereign”.

Features of Law-

 Law is a general rule of human behaviour in the state.

 It applies to all people of the state.
 All are equally subject to the laws of their State.
 Aliens living in the territory of the State are also bound by the laws of the state.
 Law creates binding and authoritative values or decisions or rules for all the people of state.
 Sovereignty of State is the basis of law and its binding character.
 Law is backed by the coercive power of the State.
 Violations of laws are always punished.
 Punishments are also prescribed by Law.
 The courts settle all disputes among the people on the basis of law.
Functions of law-
 Roscoe Pound attributed four major functions of law, namely:
 maintenance of law and order in society.
 to maintain status quo in society.
 to ensure maximum freedom of individuals.
 to satisfy the basic needs of the people.

The main functions of law in a society are discussed in detail below-

Maintenance of law and order in society-

 Laws are directives that govern and regulate human behavior and code of conduct to ensure order.
 Laws are also responsible for keeping peace of a country intact.

Protection of Fundamental Rights-

 There would be no use of any law that does not work towards protecting and securing the rights of people.
 One of the most fundamental function of law is to promote and protect human rights

Control of Political System-

 One of the major governmental functions is to draft and amend laws in the interest of the people.
 Law also governs and controls the political system by predetermining their duties, the structure of the system and
who qualify to be a part of it.

The regulations of economic activity-

 Law also sets the rules and regulations that must be followed while performing economic activities such as sale,
trade, labor and investment..
 Laws such as sales tax, income tax, GST and customs law are also responsible for government revenue that are
used as funds for investing in the development of the country.

Regulations of human relations-

 Human relations, such as contracts, agreements, families and marriages also come under the purview of law.
 Cases in marriage, like divorces, are needed to be approved by the law and registered in order to be valid. Hence,
law holds control over the regulation of human relations.

International relations-
 Law plays an important role in forming economic, diplomatic and strategic relations with other nations.
 Visa law is also responsible for allowing people from other countries to enjoy the services provided by that nation.

Assignment-

Q.1) What is the meaning of Law?

Q.2)Provide two definition of Law?
Q.3) What are the main functions of law according to Roscoe Pound?
Q.4)Mention any five function of Law?
Q.5) What is the common definition of law?
 [Link]-III-SEM
SUB-POLITICAL SCIENCE
UNIT-I
LECTURE-II
TOPIC- Law, Justice and Morality
YOUTUBE LINK- [Link]

Previous Year Questions of Lucknow University based on this topic

Q.1-Discuss relationship of Law with Morality and justice?(2022)
NOTES-
Justice-
 The English noun justice came from the Old French justice or jostise, meaning “uprightness, equity, vindication
of right, administration of law.
 Justice is based on ethics, rationality, law, religion, equity and fairness.
 The state will sometimes Endeavour to increase justice by operating courts and enforcing their rulings.
 Justice refers to the use of the judicial process for the purpose of gaining) or limiting political power or influence.
It may accompany or confirm political or military action, or it may be a substitute for such action.
 Article 39 A of the Constitution of India provides for equal justice and free legal aid.
 It is, therefore clear that in theIndian perspective on law, the State has been ordained to secure a legal system,
which promotes justice on the basis of equal opportunity.

Similarities between Law and Justice -

 Both concepts regulate human behavior and aim at creating a more just and equal environment;
 Law should be based on the idea of justice and should be implemented and interpreted in a just manner –
without discriminations; and
 Both are based on the ideas of morality, equality, order and fairness.

Comprative study between Law and Justice

S.N LAW JUSTICE
1 Law has legal backing Justice has the moral backing
2 Law are enacted replaced and modified Justice is a universal value
3 Law is concrete Justice is abstract
4 Law is always according to rules and regulations Justice is sometimes seen as divine

Morality-

Morality refers to the set of standards that enable people to live cooperatively in groups.

It’s what societies determine to be “right” and “acceptable.”
 
Sometimes, acting in a moral manner means individuals must sacrifice their own short-term interests to benefit
society.
Similarities between law and morality
 Law and morality are used to regulate the human conduct.
 The basis of good law must be morality.
 State only can promote good life in the society.
 The individual was made a moral and decent being through laws in ancient days.
 There was hardly any difference between law and morality.

Comparative study between law and morality

S.N LAW MORALITY
1 Law regulate our external action only Morality controls the entire life of man, his
thoughts, motives and actions
2 Political laws follows the standers of moral laws prescribe absolute standers of right and
expediency wrong, good and bad.

3 Law is based on force. Its violation is morality has no force behind it.
punishable by the State
4 Law is a subject-matter in political morality forms the subject-matter of ethics.
Science
5 Law is based on natural law morality stems from human reason.
6 Law is made and enforced by the state morality is enforce by the individual conscience.

Assignment
Q.1 - Explain the origin of justice?
Q.2- Write the Indian perspective on law and justice?
Q.3- Explain Similarities in three points and Difference in five points between Law and Justice ?
Q.4- Explain Similarities in three points and Difference in five points between Law and Morality?
 [Link] IIIth-SEM
SUB-POLITICAL SCIENCE

UNIT-I
LECTURE-III
TOPIC- Classification of Law : Public and private law
YOUTUBE LINK- -[Link]
Previous Year Questions of Lucknow University asked on this topic
NOTES-
General Classification of Law
 Public and Private Law
 Substantive and Procedural Law. .
 International and Municipal Law.
 Civil and Criminal Law.
Public Law-
 The public law determines the nature and regulates the functioning and organization of state.
 It describes the relationship of State with its subjects Public law is the part of law that governs relations
between legal persons and a government.
Subdivisions of Public Law
 Administrative law
 Constitutional laws
 Criminal laws
 Municipal laws
 International laws
 These include:
 The type of law governing the conduct of public bodies is known as ‘public law’.
 Public law should ensure that public bodies act lawfully, rationally, fairly.
 Complaining using public bodies’ complaints procedures or Ombudsmen.
 Asking a public body to review its decision
 Through a process called judicial review
Private Law-
 Private law is a system which protects the private rights of private individuals or the private rights oublic .
 Private law as being the system which protects the private rights of private individuals or the private
rights.
 This law determines the inter-relationships between individuals of the state. The term “private” here
denotes individual, group of individuals or unit of state but not the whole state.
Subdivisions of Private Law
 Contract law
 Law of torts
 Property law
 Labour law
 Commercial law
 Corporations law

Difference between Public and Private Law

Assignment-
Q.1-What is Public Law ?
Q.2-What is Private Law?
Q.3-Write difference between Public and Private Law?
 [Link] 3th-SEM
SUB-POLITICAL SCIENCE
UNIT-I
LECTURE-IV
TOPIC- Classification of Law : Substantive and Procedural Law.
YOUTUBE LINK- -[Link]
Previous Year Questions of Lucknow University on this topic

NOTES
Substantive Laws-
 Substantive law refers to how facts of each case are handled and how to penalize or ascertain damages
in each case.
 The law which defines, determines, creates and regulate rights is known as substantive right.
 Substantive law refers to all forms of law both, public and private including the law of contracts,
property, torts and crimes of all kinds.
 Example- Indian Penal Code.
Procedural Laws-
 The laws which tells the procedure to enforce the rights determined by substantive laws are known as
procedural laws.
 The procedural laws determine the procedure to be followed from the stage of filling of case to its
disposal.
 Example- Civil Procedure Code, Criminal Procedure Code.

Few examples of Substantive and Procedural Laws:

Substantive Laws-
1. The Indian Contract Act, 1872
2. The Hindu Marriage Act, 1955
3. The Hindu Succession Act, 1956
4. Maternity Benefit Act, 1961
5. The Transfer of Property Act, 1882
6. The Factories Act, 1948
Procedural Laws–
1. Code of Civil Procedure, 1908
2. Code of Criminal Procedure, 1973
3. Law of Evidence, 1872
4. The Limitation Act, 1963

Interrelationship between Substantive and Procedural Laws:

 Substantive and Procedural Laws complement each other.

 One without the other isn’t of much value therefore, both are essential for the delivery of justice.
 Procedural law ensures the enforcement of substantive law.
 Both substantive and procedural laws exist in civil as well as criminal laws.

Assignment-
Q.1-What is Substantive Law ? Give example
Q.2-What is Procedural Law? Give example
Q.3-Write difference in four points between Substantive and Procedural Law?
Q.3-Write Relationship in four points between Substantive and Procedural Law?

[Link] IIIth-SEM
SUB-POLITICAL SCIENCE
UNIT-I
LECTURE-V
TOPIC- Classification of Law : Municipal and International Law
YOUTUBE LINK- -[Link]
Previous Year Questions of Lucknow University on this topic
NOTES

Municipal Law-
 Municipal law is the national, domestic, or internal law of a sovereign state and is defined in opposition to
international law.
 Municipal law includes many levels of law: not only national law but also state, provincial, territorial, regional,
or local law.
 Municipal Law is the law specific to a particular city or county (known legally as a "municipality"), and the
government bodies within those cities or counties.
 This can cover a wide range of issues, including everything from police power, zoning, education policies, and
property taxes.
 It is the law of State here state means a particular State or nation.

International law-
 International law is a system of treaties and agreements between nations.
 That governs how nations interact with other nations, citizens of other nations, and businesses of other nations.
 International law typically falls into two different categories.
 "Private international law" deals with controversies between private entities, such as people or corporations,
which have a significant relationship to more than one nation.
 For example, law suits arising from the toxic gas leak in Bhopal, India from industrial plants owned by Union
Carbide, a U.S. corporation would be considered a matter of private international law.
 "Public international law" concerns the relationships between nations.
 These include standards of international behavior, the laws of the sea, economic law, diplomatic law,
environmental law, human rights law, and humanitarian law.
Assignment-
Q.1- What is Municipal Law?
Q.2- What is International Law?
Q.3- Discuss the Difference between Municipal and International Law?
Q.4- Municipal law is also known as --------
Q.5-What are the two types of International Law? Discuss in brief.

[Link] III -SEM

SUB-POLITICAL SCIENCE
UNIT-I
LECTURE-VI
TOPIC- Classification of Law : Civil and Criminal Law
YOUTUBE LINK- -[Link]
Previous Year Questions of Lucknow University on this topic
Q.1- Differentiate between Civil law and Criminal law in detail? (2022)
NOTES
Civil Law-
 Civil law is the part of a country's set of laws which is concerned with the private affairs of citizens, for example

marriage and property ownership, rather than with crime.

 A comprehensive system of rules and principles usually arranged in codes and easily accessible to citizens and
jurists.
 A well organized system that favors cooperation, order, and predictability, based on a logical and dynamic
taxonomy developed from Roman law and reflected in the structure of the codes.
 An adaptable system, with civil codes avoiding excessive detail and containing general clauses that permit
adaptation to change.
 A primarily legislative system, yet leaving room for the judiciary to adjust rules to social change and new needs,
by way of interpretation and creative jurisprudence.

Some salient features of the civil law:

 Clear expression of rights and duties, so that remedies are self-evident.
 Simplicity and accessibility to the citizen, at least in those jurisdictions where it is codified.
 Advance disclosure of rules, silence in the code to be filled based on equity, general principles, and the spirit of
the law.
 Richly developed and to some extent transnational academic doctrine inspiring the legislature and the judiciary.

Criminal Law-
 Criminal law is the body of law that relates to crime.
 It prescribes conduct perceived as threatening, harmful, or otherwise endangering to
the property, health, safety, and moral welfare of people inclusive of one's self.

 Most criminal law is established by statute, which is to say that the laws are enacted by a legislature.

 Criminal law includes the punishment and rehabilitation of people who violate such laws.

 Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute
resolution and victim compensation, rather than on punishment or rehabilitation.
  Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and
authorizes punitive or rehabilitative treatment of the offender.

Difference between Civil and Criminal Law-

Assignment-
Q.1- What is Civil Law?
Q.2- What is Criminal Law?
Q.3- Discuss the Difference in four points between Civil Law and Criminal Law?
 [Link] IIIth-SEM
SUB-POLITICAL SCIENCE

UNIT-II- Sources of Law-

[Link] ii. Precedent ,iii. Lagislation
UNIT-II
LECTURE-I
TOPIC- Custom
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic
Q.1-What are the different sources of Law in present? Discuss (2022)

NOTES-
Meaning of Custom- Customs are the earliest sources of law and form the basis of the English Common Law system as
we see it today. They can be described as cultural practises which have become definite and backed by obligation or
sanction just by virtue of widespread practise and continue presence.
 Austin considered custom as a rule of conduct which the governed observe spontaneously and not in
pursuance of law set by a political superior.
 Salmond: - According to Salmond, “custom is the embodiment of those principles which have commended
themselves to the national conscience as principles of justice and public utility”.
Origin of Customs
 In primitive societies, there was no external authority over people, yet people organized themselves in cohesive
groups with a mechanism for fairness and liberty.
 Eventually, people started recognizing traditions, rituals which were prevalent in a certain territory or group, and
saw how they formed a systematized approach to social regulation.
 In Britain, Jurists and legislators started studying these patterns, recording their prevalence, usage and applicability.
 These came to be known as customs, which were then formalized and put into legislation in the Common Law of
England.
There are two philosophers with alternate views as to how customs originate-

Sir Henry Maine-

 “Custom is conception posterior to that of Themistes or judgments.”
 Themistes were judicial awards which were dictated to the King by the Greek goddess of justice.
T. Holland-
 According to Holland, “custom is a generally observed course of conduct”.

Kinds of Custom
 Non-Binding Customs
 Binding Customs
 Legal Customs
 Local Customs
 General Customs
 Conventional Customs

judicial tests for a valid custom

 Immemorial Antiquity
 reasonableness
 morality
 continuance
 peaceable enjoyment
 consistency
  certainty
 compulsory observance
 juridical nature
 public policy

Theories of Customs-
Historical Theory
 The development of law does not depend upon the subjective will of any person.
 It because of the knowledge of the communities and civilizations that have existed throughout history.

Analytical Theory
 Austin was the main proponent of the Analytical theory.
 For him, Customs did not have any legally binding force in themselves.
 Their legal character is always subject to the assent of the Sovereign. This is in consonance with his idea that all
law is the ‘Will of the Sovereign”.
Conclusion
 Therefore, it can be seen that Customs are a very important source of law, which have their historical roots in
the earliest and most primitive of societies, and still hold relevance.
 Society is constantly in the process of establishing newer practices which might in due time turn into usages or
customs.

Assignment-
Q.1-What are the different sources of Law?
Q.2-What are the definition of custom?
Q.2-Custom as a source of law, explain?
Q.3-Discuss the theories of Custom?
 [Link] IIIth-SEM
SUB-POLITICAL SCIENCE

UNIT-II -LECTURE-II
TOPIC-Precedent
YOUTUBE LINK-[Link]
Previous Year Questions of Lucknow University on this topic
Q.1-What are the different sources of Law in present? Discuss (2022)
NOTES-

Precedent -
 Precedent is the judicial decision which contains itself principle.
 Such principle which creates in the verdict (decision) of court and is applicable to other similar future cases of the
same nature of case.
Definition of Precedent
 Salmond – Precedent is, in a loose sense, ‘it includes merely reported case law which may be cited & followed by
courts.’ In a strict sense, that case law which not only has a great binding authority but must also be followed.

Types of Judicial Precedent-

 Declaratory or original precedent- a declaratory precedent is one where there is only application of an already
existing rule in a legal matter. whereas, an original precedent is one where a new law is created and applied in a
legal matter.
 Persuasive Precedent- A decision of a court that is not binding on future cases but that may convince a judge to
decide a case in a particular way.
 Absolutely authoritative- The judges have to compulsorily follow the judicial decision of the precedent in a case of
law.
 Conditionally authoritative- One where generally the precedent is absolutely authoritative but in certain special
circumstances, like a supreme court decision, it can be disregarded.
The position of precedent in India-

 The doctrine of precedent is expressly incorporated in India by Article 141 of the Constitution of India, 1950.
 Article 141 provides that the decisions of the Supreme Court are binding on all courts within the territory of
India.

Advantages-
 Judicial precedent helps to prepare new statutory laws and will adjust according to the changing conditions of the
society.
 Judicial precedent helps the court system to save time on future cases and increases convenience as a question once
decided is settled.
 It creates a system where everyone dealing with a similar case will treat in a similar manner, which leads to equality
and fairness of justice.
Disadvantages-
 It is considered to be rigid to alter a precedent once followed.
 A judicial precedent imposes a foundation on lower courts to follow it, which sometimes forces them to take lesser
or harsher decisions than actually required.
 There are many precedents regarding many cases which make it difficult to implement the right precedent in the
right case.
 Some situations are not recognized under precedent as they are not considered into account.
 When a case is distinguished it is not mandatory to follow a precedent.
Circumstances which destroy the binding force of Judicial precedence-
 Ignorance of Statue.
 Inconsistency between earlier decision of higher court.
 Inconsistency between earlier decision of the court of the same rank.

Assignment-
Q.1--What is Precedent?
Q.2- Write the kinds of precedence?
Q.3-What are the advantages of precedent?
Q.4- What is the position of precedent in India?
Q.5- What are the circumstances which destroy the binding force of precedence?
 [Link] III-SEM
SUB-POLITICAL SCIENCE

UNIT-II- LECTURE-III
TOPIC-Legislation
YOUTUBE LINK-[Link]
Previous Year Questions of Lucknow University on this topic
Q.1-What are the different sources of Law in present? Discuss (2022)
NOTES-
Legislation-
 Legislation is the main source of law .
 It enjoys the law making power of country.
 It is made according to the change of time and it is the outcome of a long series of discussions among the
representatives of people.
 It is made by legislative body and enforced by the supreme power.
 According to Salmond: “Legislation is that source of law which comprises in the assertion of lawful standards by a
competent specialist.”
Types of Legislation
 Supreme Legislation-
 The supreme legislation is that which proceeds from the supreme or sovereign power in the state
 Which is, therefore, incapable of being replaced, annulled or controlled by any other legislative authority
 For example, the laws enacted by the Parliament in England are supreme legislation.
 The British Parliament, in every sense, is a sovereign law making body, because there is no restraint on its absolute.
 Subordinate (Delegated) Legislation-
 Delegated (subordinate or subsidiary) Legislation alludes to those laws made by people or bodies to whom
parliament has delegated law-making powers.
 Salmond, enumerated five kinds of subordinate legislation-
 Colonial Legislation
 Executive Legislation
 Judicial Legislation
 Municipal Legislation
 Autonomous Legislation

Difference Between Legislation And Precedent

S.N LEGILATION PRECEDENT

1 The legislation has its source in the process of law the precedent has its origin in ancient and
historic judicial pronouncements
2 Legislation has an authoritative force on courts by the precedents are made by the courts themselves.
assembly
3 Legislation signifies formal declaration of law by the precedents are acknowledgement and use of new
governing body standards of law by courts in the administration
of equity, justice and good conscience.
4 Legislation is ordered before a case emerges precedent appears simply after the case has developed
and taken for the choice of the court.
 Relationship Between Legislation And Custom Difference Between Legislation And Custom

Conclusion-
 Legislation means making a law.
 The term ‘legislation’ is derived from two Latin words ‘Legis’ : which means a law and ‘Latum’ which means to
make.
 The term legislation' has been used in different senses.
 In its broadest sense it includes all methods of law making.
 it includes every expression of the will of the Legislature, whether meant for the making of law or not.
 In its strict sense it may be termed as enacted law or statute law.
 Delegated legislation is a legislation made by any authority other than the Legislature.
 It denotes the rules and regulations made by the executive authorities under the provisions of laws passed by
Legislatures.
 Today the importance of legislation as a source of law is much more than any other sources of law.
 In modem societies various new problems are emerging which need urgent actions to satisfy human needs.
 This can be done only through legislation.

Assignment
Q.1- Write the meaning and kinds of legislation?
Q.2-What is Supreme legislation?
Q.3- what do you mean by Subordinate legislation?
Q.4- Write the kinds of subordinate legislation?
Q.5- What is the difference between legislation and precedent?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
Unit-III: Indian Federal System
i. Common Law Foundations ii. Rule of Law, Separation of Powers, Principle of Natural Justice and Rule of equity iii.
Indian Constitution: Salient Features iv. Judicial System in India Hierarchy of Courts, Jurisdiction of the Courts
UNIT-III
LECTURE-1
TOPIC- Common Law Foundations, Rule of Law
YOUTUBE LINK- https:// [Link]
Previous Year Questions of Lucknow University on this topic-
Q.1- What do you understand by “Rule of Law”.Describe its various meanings and limitations with particular
reference to U.K.(2022)
NOTES-

Meaning of Common Law Foundations: –

 Common law foundations are a body of laws which are unwritten and are based on legal
precedents that are established by the courts.
 Common law is also known as case law and it is a body of laws which are unwritten and are
based on legal precedents established by the courts.
 Common law influences the decision-making process in unusual cases where the outcome
cannot be determined based on existing statutes or written rules of law.
 Common law is also practiced in Australia, Canada, Hong Kong, India, New Zealand, and the
United Kingdom.
 Common law, also known as case law, is a body of unwritten laws based on legal precedents
established by the courts.
 Common law draws from institutionalized opinions and interpretations from judicial authorities
and public juries.
 Common laws sometimes prove the inspiration for new legislation to be enacted.
 Common law, also known as case law, relies on detailed records of similar situations and
statutes because there is no official legal code that can apply to a case at hand.

Rule of Law-
 The originator of the concept of rule of law was Sir Edward Coke the Chief Justice in James I
Reign.
 The concept of rule of law is of old origin.
 Greek philosophers such as Plato and Aristotle discussed the concept of rule of law around 350
BC.
Meaning of Rule of Law-
 It means that no man is above law and also that every person is subject to the jurisdiction of
ordinary courts of law irrespective of their position and rank.
 The term ‘rule of law’ is originated from England and India has taken this concept.
 The concept of rule of law further requires that no person should be subjected to harsh or
arbitrary treatment.
 The word ‘law’ in rule of law means that whether he is a man or a society, he must not be
governed by a man or ruler but by law.
 The United Kingdom does not have a written constitution.
 The rule of law, along with Parliamentary Sovereignty and court rulings, is fundamentally the
defining principle of ‘unwritten constitution’.

Postulates of Rule of Law-

 In 1885, Professor A.V Dicey developed this concept of Coke and propounded three principles
or postulates of the rule of law in his classic book ‘Law and the Constitution.’
 According to Professor A.V Dicey, for achieving supremacy of law three principles of postulates
must be followed which are as follows:
 Supremacy of law,
 Equality before law and
 Predominance of Legal Spirit

Limitations of Rule of Law-

1. Delegated Legislation
2. Diplomatic Immunity
3. Existence of Administrative Tribunals or Special Courts
4. Special Privileges
5. State of Emergency and War
6. Poverty, Illiteracy and Ignorance

Rule of Law Under Indian Constitution-

 In order to develop Indian democracy, rule of law has played a great role.
 At the time of framing of Constitution Rule of law was adopted from England by our
constitutional fathers and many provisions were incorporated in the Indian Constitution.
 Indian Constitution is considered to be supreme and no one is above Indian Constitution.
 Rule of law is also given impliedly in the preamble and such concept is enshrined in Part III of
the Indian Constitution.
 In case of violation of such rights, one can approach Supreme Court or High Court under Article
32 and 226 of the Indian Constitution.
 The Constitution of India is enriched with the principles of law i.e. justice, equality and liberty.

Assignment-
Q.1-What is the Meaning of Common Law Foundations? (Explain).
Q.2-What is the Meaning of Rule of Law?(Explain)
Q.3-What is the importance of Rule of Law Under Indian Constitution?
Q.4-What are the Limitations of Rule of Law?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-III
LECTURE-2
TOPIC- Separation of power
YOUTUBE LINK- https:// [Link]
Previous Year Questions of Lucknow University on this topic
NOTES-

 This concept was first seen in the works of Aristotle, in the 4th century BCE, wherein he
described the three agencies of the government as General Assembly, Public Officials and
Judiciary.
 In the Ancient Roman Republic too, a similar concept was followed.
 In modern times, it was 18th-century French philosopher Montesquieu who made the doctrine
a highly systematic and scientific one, in his book (The Spirit of Laws).
 His work is based on an understanding of the English system which was showing a propensity
towards a greater distinction between the three organs of government.
 The idea was developed further by John Locke.

Purpose of the Separation-

 The purpose of separation of powers is to prevent abuse of power by a single person or a group
of individuals.
 It will guard the society against the arbitrary, irrational and tyrannical powers of the state,
safeguard freedom for all and allocate each function to the suitable organs of the state for
effective discharge of their respective duties.
Meaning of Separation of Power-
 Separation of powers divides the mechanism of governance into three branches i.e. Legislature,
Executive and the Judiciary.
 Although different authors give different definitions, in general, we can frame three features of
this doctrine.
 Each organ should have different persons in capacity, i.e., a person with a function in one organ
should not be a part of another organ.
 One organ should not interfere or exercise a function of another organ,
 Thus, these broad spheres are determined, but in a complex country like India there often arises
conflict and transgression by one branch over the other.
Significance of the doctrine-
 Keeps away autocracy
 Safeguards individual liberty
 Helps create an efficient administration
 Judiciary’s independence is maintained
 Prevents the legislature from enacting arbitrary or unconstitutional laws
 Constitutional Status of Separation of Power in India
 The doctrine of separation of powers is a part of the basic structure of the Constitution,
although not specifically mentioned. The legislature cannot pass a law violating this principle.
The functions of the three organs are specifically mentioned in the Constitution.
Some of the articles of the Constitution which suggest separation of powers.

 Article 50: This article puts an obligation over the State to separate the judiciary from the
executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable.
 Article 123: The President, being the executive head of the country, is empowered to exercise
legislative powers (Promulgate ordinances) in certain conditions.
 Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge
of the Supreme Court or High Court. They can do so only in case of impeachment.
 Article 361: The President and Governors enjoy immunity from court proceedings.
 There is a system of checks and balances wherein the various organs impose checks on one
another by certain provisions.

Assignment-

Q.1-Explain the Meaning and Purpose of Separation of Power?

Q.2- Explain the Significance of Separation of Power?

 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-III
LECTURE-3
TOPIC- Principle of Natural justice, rule of equity
YOUTUBE LINK- https:// [Link]
Previous Year Questions of Lucknow University on this topic
NOTES-

Meaning of Natural Justice-

 Natural justice is a concept of common law which has its origin in 'Jus Natural' which means a
law of nature.
 In its layman language natural justice means natural sense of what is right and wrong and in its
technical sense it is synonymous with fairness.

Principle of Natural justice-

 The primary aim of the principles of natural justice is to ensure equity in the economic undertakings
of society and people.
 It also defends individual liberty against any arbitrary action.
 The idea of natural justice is not present in the Indian constitution.
 However, authorities consider it an element mandatory for the management of justice.
 It is an idea of usual law which originates from “jus natural”, which stands for the law of nature.
 In simple terms, principles of natural justice establish the differences between right and wrong.
 ‘Natural’ justice does not simply mean justice discovered in nature.
 It is a compilation of ideas that should be naturally connected with justice, regardless of whether
these ideas are part of law.
 Natural justice applies comprehensively to administrative discretion.
 Its goal is to prevent mischievousness and unfairness towards the resident with managing
authorities.

Two Principles of Natural Justice-

There are mainly two Principles of Natural Justice. These two Principles are:
 ‘Nemo judex in causa sua’. No one should be made a judge in his own cause, and the rule against
bias.
 ‘Audi alteram partem’ means to hear the other party, or no one should be condemned unheard.

Indian Constitution and Principles of Natural Justice-

 As already mentioned, the Indian Constitution does not use the expression ‘Natural Justice’
anywhere.
 However, the following parts of the Constitution with their respective expressions convey the idea
of Natural Justice.
 The principles of natural justice in India are those regulations made by the courts as being the least
protection of the person’s rights against the arbitrary policy that judicial, quasi-judicial principles of
natural justice in administrative law power may adopt while making an order working on those
rights.
 Preamble: ‘Social, Economic and Political’ justice, liberty of belief, thought, worship, and equality of
opportunity and status
 Article 14: Equal protection of the law for all citizens of India and equality before law
 Article 21: Right to liberty and life
 Article 22: Provision of fair hearing for an arrested person
 Article 39-A: Free legal services for disabled and indignant people
 Article 311: Constitutional protection for civil servants
 Article 32, 136, and 226: Constitutional solutions for violations of fundamental rights

Rule of equity-
 Rule of equity is a separate system of law from common law.
 It has different rules, principles and remedies.
 Equity proceeds in the principle that a right or liability should as far as possible be equalized among
all interested.
 In other words, two parties have equal right in any property, so it is distributed equally as per the
concerned law.
Need for rule of equity

 This maxim states that in cases where individuals are required, by law or by agreement, to
perform any act of legal significance, equity will regard that act as having been done as it ought
to have been done even before it actually happened.
 The principle of equity acknowledges that there are historically underserved and
underrepresented populations and that fairness regarding these unbalanced conditions is
needed to assist equality in the provision of effective opportunities to all groups.

Assignment-
Q.1- What is the Meaning of Natural Justice?
Q.2-What are the Principle of Natural justice?
Q.3- What is the Rule of equity? (Explain)
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-III
LECTURE-4
TOPIC- Indian constitution; salient features
YOUTUBE LINK- https:// [Link] v5SuoYkEL6k
Previous Year Questions of Lucknow University on this topic
Q.1- Describe main characteristics of the constitution of India?(2022)
NOTES-

Constitution of India-

 Constitution is a living document, an instrument which makes the government system work.
 A Constitution Means a documents having a special legal Sanctity which set out the frame work and
principle functions of the governments.
 constitutions of a country gives idea about basic structure of political system under which its people are to
be governed.
 It defines the power of main organ of the state.
 Their responsibilities and regulates their relationship which each other and with the people.
 It can also be termed as Fundamental Law of a country which reflects people’s and faith aspirations.
 The Constitution of independent India represents the will of the people.

The salient features(characteristics) of the Indian Constitution are listed and briefed below-

 Lengthiest Written Constitution-The Constitution of India came into force on 26th January, 1950. At the
time of its adoption, the Constitution contained 395 Articles and 8 Schedules and was about 145,000 words
long, making it the longest national Constitution to ever be adopted.

 Drawn fom Various Sources-

 Blend of Rigidity and Flexibility- The Indian Constitution is neither rigid nor flexible. The Indian Constitution
is not very difficult to amend, as the Constitution of The U.S.A. It has gone through 103 amendments so far
but there are certain steps to be satisfied before bringing in the amendment. Thus the Indian Constitution is
a unique blend of rigidity and flexibility.

 Federal System with Unitary Bias- The constitution of India is neither federal nor unitary.
 The reasons for calling the Indian Government unitary is that-
 The division of powers is not equal. The centre has more powers than the state.
 During the time of emergency, the states come under the control of the Centre.
 There is a single system of Courts which enforces both the Central and State laws.
 There is no equal representation of States in the houses of Parliament

 The Indian Constitution is considered as federal for various reasons like:

 There is a written Constitution which is an essential feature of every country following the federal system.
 The supremacy of the constitution is always protected.
Thus the Indian Constitution can be described as quasi-federal or a federation with a strong centralizing
tendency.

 Parliamentary Form of Government- The Bicameral Legislature system is followed in our country.
Articles 74 and Article 75 is concerned with the Parliamentary system at the centre and Article
163 and Article 164 is concerned with the Parliamentary system at the states.

 Integrated and Independent Judiciary-. The Constitution makers ensured that Judiciary has to be
independent so that it will not be biased.
 The Supreme court is considered as the watchdog of democracy.
 The appointment of Judges is independent and there is no involvement of any executive authorities.
 The tenure of Judges is secured.
 The removal of judges from the tenure must be also based on the constitutional provisions.

 Fundamental Rights- The six fundamental rights include the Right to Equality, Right to freedom, Right
against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to
constitutional Remedies.

 Directive Principles of State Policy- Part IV of the Indian Constitution deals with the Directive Principles of
State Policy. It is the duty of every State to apply these principles while making any new legislation.

 Fundamental Duties- Article 51A of the Indian Constitution provides various fundamental duties. There are
no specific provisions to enforce fundamental duties in the Courts like the fundamental rights but it is also
necessary to follow the fundamental duties.

 Indian Secularism- The term Secular State means that there is no separate religion for the State and every
religion is respected equally in the State. The Preamble of the Indian Constitution itself states that India has
to be a secular state.

 Single Citizenship- There is single citizenship provided to our citizens. Part 2 of the Indian Constitution,
i.e. Article 5 to Article 11 of the Indian Constitution deals with citizenship. According to Article 5, it is clearly
mentioned that the persons will be considered as citizens of the territory of India, which ensures that there
would be only single citizenship.
 Emergency Provisions- The emergency provisions are contained in Part XVIII of the Constitution of India,
from Article 352 to 360. These provisions enable the Central government to meet any abnormal situation
effectively. The Constitution stipulates three types of emergencies-
 National Emergency
 Constitutional Emergency
 Financial Emergency

 Three-tier Government-
 Central Government – The Central Government, handles the issues of the entire country
 State Government – The State Government handles the issues and affairs of the given state in India.
 Panchayati Raj (Local Government)– It works in the village, municipality, and rural areas.

Assignment-

Q.1- Write a note on Indian constitution in Brief ?

Q.2-Explain the the salient features of the Indian Constitution?

 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-III
LECTURE-5
TOPIC- Judicial system in India, Hierarchy of courts, Jurisdiction of the courts
YOUTUBE LINK- [Link]
[Link]
Previous Year Questions of Lucknow University on this topic
Q.1- “Powers and composition of the Supreme Courts of India under our Constitution”. Explain.(2022)
NOTES-

Powers and composition of the Supreme Courts of India-

 Judicial system in India -The Indian judicial system follows the common law system based on recorded
judicial precedents as inherited from the British colonial legacy. The court system of India comprises the
Supreme Court of India, the High Courts and subordinate courts at district, municipal and village levels.

Hierarchy of courts
The Indian judiciary is divided into several levels in order to decentralize and address matters at the grassroots
levels. The basic structure is as follows:

1. Supreme Court: It is the Apex court of the country and was constituted on 28th January 1950. It is the
highest court of appeal and enjoys both original suits and appeals of High Court judgments. The Supreme
Court is comprised of the Chief Justice of India and 25 other judges. Articles 124-147 of the Constitution of
India lay down the authority of the Supreme Court.

2. High Courts: High Courts are the highest judicial body at the State level. Article 214 lays down the authority
of High Courts. There are 25 High Courts in India. High Courts exercise civil or criminal jurisdiction only if the
subordinate courts in the State are not competent to try the matters. High Courts may even take appeals from
lower courts. High Court judges are appointed by the President of India upon consultation with the Chief
Justice of India, the Chief Justice of the High Court and the Governor of the State.

3. District Courts: District Courts are established by the State Governments of India for every district or group
of districts based on the caseload and population density. District Courts are under the direct administration
of High Courts and are bound by High Court judgments. Every district generally has two kinds of courts:
a. Civil Courts b. Criminal Courts
District Courts are presided over by District Judges. Additional District Judges and Assistant District Judges may
be appointed based on the caseload. Appeals against District Court judgments lie in the High Court.

4. Lok Adalats/Village Courts: these are subordinate courts at the village level which provide a system for
alternate dispute resolution in villages.
5. Tribunals: the Constitution provides the government with the power to set up special Tribunals for the
administration of specific matters such as tax cases, land cases, consumer cases etc.

Jurisdiction of the courts-

1. Pecuniary Jurisdiction
2. Territorial Jurisdiction
3. Subject Matter Jurisdiction
4. Exclusive Jurisdiction
5. Concurrent Jurisdiction
6. Appellate Jurisdiction
7. Original Jurisdiction
8. Special Jurisdiction
9. Legal Jurisdiction
10. Extending Jurisdiction

Assignment-
Q.1- Discuss about the Judicial system in India?
Q.2-Discuss about the Hierarchy of courts in India?
Q.3- Discuss about the Jurisdiction of the courts in India?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-IV: International political order
i. United Nations: Agencies and Functions
ii. International Organisations
iii. Regional Organisations
iv. Balance of Power, International Terrorism, Peace & Secuirty

UNIT-IV
LECTURE-1
TOPIC- United Nations: Agencies and Functions
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic-
Q.1- What are the various organs of the United Nations. Has it been successful in maintaining world
peace?(2022)
NOTES-

The United Nations –

The United Nations is an intergovernmental organization whose stated purposes are to maintain
international peace and security, develop friendly relations among nations, achieve international
cooperation, and be a centre for harmonizing the actions of nations.

 In 1945, World War II was over but the nations were in ruins and the world wanted peace. Fifty-one
countries gathered in San Francisco that year to sign a document. The document was a Charter which
created an organisation, the United Nations. Established on October 24, 1945, the UN replaced the
League of Nations after World War II.
 It took the role of peacekeeper of the world and assumed necessary powers to avoid conflicts resulting
in a world war through its various agencies or organisations, each established because of a particular
role.
 Currently, the UN has 193 countries as its members and it is headquartered in New York, USA. The UN
not only focuses on peace but also aims at promoting sustainable development, upholding international
laws and protecting human rights.
Due to the powers vested in its Charter and its unique international character, the United Nations can
take action on the issues confronting humanity in the 21st century, such as:
 Peace and security
 Climate change
 Sustainable development
 Human rights
 Disarmament
 Terrorism
 Humanitarian and health emergencies
 Gender equality
 Governance
 Food production etc.

Functions of United Nations –

 Maintain International Peace and Security.
 Protect Human Rights.
 Deliver Humanitarian Aid.
 Support Sustainable Development and Climate Action.
 Uphold International Law.

Agencies-

 The International Labor Organization (ILO)- formulates policies and programs to improve
working conditions and employment opportunities, and defines international labor standards as
guidelines for governments.
 The Food and Agriculture Organization of the UN (FAO)- works to raise levels of nutrition and
standards of living, to improve agricultural productivity and food security, and to better the
conditions of rural populations.
 The UN Educational, Scientific and Cultural Organization (UNESCO)- promotes education for all,
cultural development, protection of the world's natural and cultural heritage, press freedom,
and communication.
 The World Health Organization (WHO)- coordinates programs aimed at solving health problems
and the attainment by all people of the highest possible level of health; it works in areas such as
immunization, health education, and the provision of essential drugs.
 The World Bank- group provides loans and technical assistance to developing countries to
reduce poverty and advance sustainable economic growth.
 The International Monetary Fund (IMF)- facilitates international monetary cooperation and
financial stability, and provides a permanent forum for consultation, advice, and assistance on
financial issues.
 The International Civil Aviation Organization (ICAO)- sets international standards necessary for
the safety, security, efficiency, and regularity of air transport, and serves as the medium for
cooperation in all areas of civil aviation.
 The Universal Postal Union (UPU)- establishes international regulations for the organization and
improvement of postal services, provides technical assistance, and promotes cooperation in
postal matters.
 The International Telecommunication Union (ITU)- fosters international cooperation for the
improvement and use of telecommunications of all kinds, coordinates usage of radio and TV
frequencies, promotes safety measures, and conducts research.
 The World Meteorological Organization (WMO)- promotes scientific research on the
atmosphere and on climate change, and facilitates the global exchange of meteorological data
and information.
 The International Maritime Organization (IMO)-works to improve international shipping
procedures, encourages the highest standards in marine safety, and seeks to prevent marine
pollution from ships.
 The World Intellectual Property Organization (WIPO)-promotes international protection of
intellectual property and fosters cooperation on copyrights, trademarks, industrial designs, and
patents.
 The International Fund for Agricultural Development (IFAD)- mobilizes financial resources for
better food production and nutrition among the poor in developing countries.
  The UN Industrial Development Organization (UNIDO)- promotes the industrial advancement
of developing countries through technical assistance, advisory services, and training.
 The International Atomic Energy Agency (IAEA)- an autonomous intergovernmental
organization under the aegis of the UN, works for the safe and peaceful uses of atomic energy.
 The UN and the World Trade Organization (WTO)- the major entity overseeing international
trade, cooperate in assisting developing countries' exports through the Geneva-based
International Trade Center.

The main organs of the UN are-

 the General Assembly,
 the Security Council,
 the Economic and Social Council,
 the Trusteeship Council,
 the International Court of Justice,
 the UN Secretariat.

Assignment-
Q.1- What do you understand by U.N.O, discuss the agencies of the United Nations?
Q.2- Discuss the Function of the United Nations?
Q.3-What are the main organs of the United Nations discuss their work?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-IV
LECTURE-2
TOPIC- International organizations
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic-
NOTES-

International organizations-
 An international organization is a stable set of norms and rules meant to govern the behavior of
states and other actors in the international system. some international organizations and their
functions are-
 United Nations Organization (UN)-
The United Nations (UN) is an intergovernmental organization whose mission is to ensure international
peace and security, promote cordial relations between nations, promote international cooperation,
and serve as a central focus for coordinating national efforts.
 It is the world’s largest, most well-known, most widely represented, and most powerful
intergovernmental organization. The United Nations is headquartered in New York City, on
international territory, with main offices in Geneva, Nairobi, Vienna, and The Hague.
 United Nations Children’s Fund (UNICEF)-
UNICEF, or the United Nations Children’s Fund, is a United Nations organization that provides
humanitarian and developmental aid to children around the world. With a presence in 192 countries
and territories, the agency is one of the most well-known and well-known social welfare organizations
in the world.
 World Health Organization (WHO)-
Next on our list of international organizations is WHO. The World Health Organization (WHO) is a
United Nations specialized organization in charge of international public health. “.
 It has six semi-autonomous regional offices and 150 field offices worldwide, with its headquarters in
Geneva, Switzerland.
 World Economic Forum-
The World Economic Forum (WEF), based in Cologny, Canton of Geneva, Switzerland, is an
international non-governmental organization (NGO) created on January 24, 1971.
 “Committed to improving the status of the world by engaging commercial, governmental, intellectual,
and other leaders of society to influence global, regional, and industry agendas,” reads the WEF’s
mission statement.
 World Bank-
Next on our list of international organizations is World Bank. The World Bank is an international
financial agency that lends and gives money to governments in low- and middle-income nations to fund
capital projects.
 World Trade Organization -
The World Trade Organization (WTO) is a multilateral organization that regulates and supports
international trade.
  It began operations on January 1, 1995, as a result of the 1994 Marrakesh Agreement, which replaced
the 1948-established General Agreement on Tariffs and Trade (GATT).With 164 member states
representing over 96 percent of global trade and GDP, the World Trade Organization (WTO) is the
world’s largest international economic organization.
 United Nations Education Scientific & Cultural Organization (UNESCO)-
 The United Nations Educational, Scientific, and Cultural Organization (UNESCO) is a United Nations (UN)
specialized agency charged with the duty with promoting world peace and security through
international cooperation in education, science, and culture.
 It consists of 193 member states, 11 associate members, and nongovernmental, intergovernmental,
and corporate sector partners. UNESCO is headquartered in Paris, France, and has 53 regional field
offices and 199 national commissions to help it carry out its global mandate.
 South Asian Association for Regional Cooperation (SAARC)-
South Asia’s major intergovernmental organization and the geopolitical union are the South Asian
Association for Regional Cooperation (SAARC).
 Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka are its members. As
of 2019, the SAARC makes for 3% of the world’s land area, 21% of the world’s population, and 4.21
percent (US$3.67 trillion) of the global economy.
 Association of South East Nations (ASEAN)-
ASEAN, or the Association of Southeast Asian Nations, is an economic union in Southeast Asia made up
of ten member states that promote intergovernmental cooperation and facilitate economic, political,
security, military, educational, and sociocultural integration among its members and other Asian
[Link] primary goal of ASEAN was to speed economic growth and, as a result, social and cultural
development.
 New Development Bank (BRICS Development Bank)-
The New Development Bank (NDB), originally known as the BRICS Development Bank, is a global
development bank founded by the BRICS countries (Brazil, Russia, India, China, and South Africa).
“The Bank shall support public or private initiatives through loans, guarantees, equity participation,
and other financial instruments,” according to the NDB Agreement.

Assignment-
Q.1- Give the name of some international organization and their work?
Q.2- Discuss about the U.N. and its function?
Q.3-What do you understand by W.T.O?
Q.4-Discuss about ASIAN ?
Q.5-Explain in brief about SAARC?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-IV
LECTURE-3
TOPIC- Regional organization
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic-
NOTES-

Regional organization-
 “Regional organizations are a subcategory of international organization; they can be financial and
nonfinancial institutions.
ASEAN ( Association of South-East Asian Nations)-
 It is a political and economic organization of 10 South-East Asian nations, Formed in 1967, Founding
members: Indonesia, Malaysia, the Philippines, Singapore, and Thailand. HQ: Jakarta, Indonesia
 Current members are: Indonesia, Malaysia, Philippines, Singapore, Thailand, Brunei, Cambodia, Laos,
Myanmar (Burma), Vietnam.
APEC (Asia-Pacific Economic Cooperation)-
 It is a regional economic forum of 21 Pacific Rim countries
 Established in 1989 , HQ: Singapore
 APEC’s 21 members aim to promote free trade throughout the Asia- Pacific region.
 APEC account for about half the world’s trade and almost 60% of global trade.
· It established in response to the growing interdependence of Asia-Pacific economies and the advent of
regional trade blocs in other parts of the world.
BBIN ( Bangladesh, Bhutan, India and Nepal)-
 It is a sub-regional architecture of these four countries.
 Aims to formulate, implement and review quadrilateral agreements across areas such as water
resources management, connectivity of power, transport, and infrastructure.
BIMSTEC ( Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation)-
 It is an international organisation involving a group of countries in South Asia and South East Asia.
Established in 1997 in Bangkok. Bangladesh, India, Sri Lanka, and Thailand were founding members.
Now it has seven members.
 Headquarters is in Dhaka, Bangladesh
 Present members :Bangladesh ,India, Myanmar, Sri Lanka, Thailand, Bhutan, Nepal
 The main objective of BIMSTEC is technological and economic cooperation among south Asian and
south-east Asian countries along the coast of the Bay of Bengal.
BRICS (Brazil, Russia, India, China and South Africa )-
 Originally the first four were grouped as “BRIC” (or “the BRICs”), before the induction of South Africa
in 2010.
 The BRICS members are all leading developing or newly industrialized countries, but they are
distinguished by their large, sometimes fast-growing economies and significant influence on regional
affairs; all five are G-20 members.
 The five BRICS countries represent half of the world population; all five members are in the top 25 of
the world by population.
G4-
 Members : India, Brazil, Germany and Japan.
All members support each other’s bids for permanent seats on the United Nations Security Council
 Each of these four countries have figured among the elected non-permanent members of the council
since the UN’s establishment.
 Their economic and political influence has grown significantly in the last decades, reaching a scope
comparable to the permanent members (P5).
G7-
 The Group of 7 (G7) is a group consisting of Canada, France, Germany, Italy, Japan, the United
Kingdom, and the United States.
 The European Union is also represented within the G7.
 These countries are the seven major advanced economies as reported by the International Monetary
Fund.
OPEC-
 Organization of the Petroleum Exporting Countries (OPEC) is an intergovernmental organization of 13
nations, founded in 1960 in Baghdad by the first five members (Iran, Iraq, Kuwait, Saudi Arabia,
Venezuela), and headquartered since 1965 in Vienna.
SAARC-
 The South Asian Association for Regional Cooperation (SAARC) is the regional international
organization and geopolitical union of nations in South Asia. Its member states include.
 Afghanistan, Bhutan Pakistan, Bangladesh, India, Nepal, Maldives, Pakistan, Sri Lanka.
 It launched the South Asian free trade area in 2006. SAARC maintains permanent diplomatic relations
at the United Nations as an observer and has developed links with multilateral entities, including the
European Union.
G20-
 The G20 or Group of Twenty is an international forum for the governments and central bank governors
from 20 major economies.
 It was founded in 1999 with the aim of studying, reviewing, and promoting high-level discussion of
policy issues pertaining to the promotion of international financial stability..
 The heads of the G20 nations met semi-annually at G20 summits between 2009 and 2010.
 Since the November 2011 Cannes summit, all G20 summits have been held annually.
Relevence of Regional Organisation -
 Due to India’s geographical expansion and diversity, major regional organisations that took part
in its growth are SAARC- South Asian Association for Regional Cooperation.
 BIMSTEC- Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation.
 BRICS- Brazil Russia India China and South Africa.
 However, in the future, the possibility of India reaching its full potential and becoming a global
leader is very high.
 SAARC should adopt the” ASEAN MINUS FORMULA” – to let go off the countries who are
unwilling to continue, it will help India have a strong regional organisation which shall foster
rapid development.
 Another event which could result in the same is if India becomes a permanent member of the
UN. India’s development without regional and international cooperation is a mirage in the
desert.
Assignment-

Q.1- Discuss about any 5 regional organization and their function?

Q.2-What are the importance of regional organization, Discuss about any two?
Q.3-Discuss about the function of G20?
Q.4-Discuss about Saarc and Asian? what are the Relevence of Regional Organisation?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-IV
LECTURE-4
TOPIC- Balance of power
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic-
NOTES-

Definitions of Balance of Power:

 “Balance of Power is an equilibrium or a certain amount of stability in power relations that under
favourable conditions is produced by an alliance of states or by other devices.” —George
Schwarzenberger
 “Whenever the term Balance of Power is used without qualification, it refers to an actual state of
affairs in which power is distributed among nations with approximately equality.” —Hans. J.
Morgenthau

 Nature of Balance of Power-

Palmer and Perkins describe several major features of Balance of Power :
I. Some Sort of Equilibrium in Power Relations:The term Balance of Power suggests ‘equilibrium
which is subject to constant, ceaseless change.
II. Temporary and Unstable:In practice a balance of power always proves to be temporary and
unstable. A particular balance of power survives only for a short time.
III. To be Actively Achieved:The balance of power has to be achieved by the active intervention of
men. It is not a gift of God. States cannot afford to wait until it “happens”. They have to secure it
through their efforts.
IV. Favours Status quo:Balance of power favours status quo in power positions of major powers. It
seeks to maintain a balance in their power relations.
V. The Test of BOP is War:A real balance of power seldom exists. The only test of a balance is war
and when war breaks out the balance comes to an end.
VI. Not a Device of Peace: Balance of Power is not a primary device of peace because it admits war
as a means for maintaining balance.
VII. Big Powers as Actors of BOP: In a balance of power system, the big states or powerful states are
the players. The small states or less powerful states are either spectators or the victims of the
game.
VIII. Multiplicity of States as an Essential Condition: Balance of Power system operates when there
are present a number of major powers, each of which is determined to maintain a particular
balance or equilibrium in their power relations.
IX. National Interest is its Basis: Balance of Power is a policy that can be adopted by any state. The
real basis that leads to this policy is national interest in a given environment.

 Methods of Balance of Power: Balance of Power is not automatic; it has to be secured by the states
following this policy.
I. Compensation: It is also known as territorial compensation. It usually entails the annexation or
division of the territory of the state whose power is considered dangerous for the balance.
 II. Alliances and Counter Alliances: Alliance is a device by which a combination of nations creates a
favourable balance of power by entering into military or security pacts.
III. Intervention and Non-intervention: “Intervention is a dictatorial interference in the internal affairs
of another state/states.
IV. Divide and Rule: The policy of divide and rule has also been a method of balance of power. It has
been a time honored policy of weakening the opponents
V. Buffer States or Zones: The major function of a buffer is to keep the two powerful nations apart and
thus minimise the chances of clash and hence to help the maintenance of balance.”
VI. Armaments and Disarmaments: All nations, particularly very powerful nations, place great emphasis
on armaments as the means for securing a favourable position in power relations in the world.
VII. The Holder of the Balance or the Balancer: The system of balance of power may consist of two
scales plus a third element ‘holder’ of the balance or the balancer. The balancer is a nation or a group of
nations, which remains aloof from the policies of the two rivals or opponents and plays the role of, “the
laughing third party.”

 Critical Evaluation of Balance of Power:

Balance of Power: Arguments in Favour:
o A Source of Stability in International Relations
o It suits the real nature of International Relations
o Ensures Multiplicity of States
o Guarantees the Freedom of Small States
o Balance of Power Discourages War
o A Source of Peace in International Relations

Balance of Power: Arguments Against:

o Balance of Power cannot ensure Peace
o States are not Static Units
o Preponderance of One State in the world can also secure Peace
o Narrow Basis
o A Mechanical view of Peace
o Equality of a number of States is a Myth
o Nations are not free to break Alliances
o Uncertainty of Balance of Power
o Balance of Power is Unreal
o Inadequacy of Balance of Power
o Balance of Power has now lost its Relevance
Assignment-
Q.1- What do you understand by balance of power? give any two definitions?
Q.2-What is the nature of balance of power ? explain?
Q.3-What are the Methods of Balance of Power? explain?
Q.4- Critically Evaluate the Balance of Power?
 [Link]- III-SEM
SUB-POLITICAL SCIENCE
UNIT-IV
LECTURE-5
TOPIC- International Terrorism
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic-
NOTES-
International terrorism-
 International terrorism refers to terrorism that goes beyond national boundaries in terms of the
methods used, the people that are targeted or the places from which the terrorists operate.
 Terrorism is the use of criminal violence to force a government policy change.
 Generally, terrorists prefer to target people rather than facilities because of the high value most
governments give to human life.
 Since terrorism wants to draw attention to its cause and magnify its limited power, it will try to
use the media to dramatize its activities.
 Defense against terrorism is difficult because of terrorism's surprise advantage, since defenders
generally do not know the type, extent, timing, or precise locale of the next attack.
 Still, preventive measures are the best defense against terrorism, given the difficulty of
retaliating against terrorists and the likelihood that retaliatory strikes will harm or kill innocent
civilians and swell the number of recruits to terrorism.
 terrorism has been used by Russian nihilists, nationalists in Israel, Nazi forces, environmentalists
worldwide, left-wing guerrillas in Europe, discontented radicals in the United States, Latin
American death squads, and Islamic fundamentalists. Terrorism is not tied to any one particular
ideology or group.
Types of Terrorism
 Scholars generally classify terrorism into two types:
 Terrorism practiced by governments and terrorism practiced by groups not affiliated with a
government.
 Ideological Terrorism aims to promote a particular belief system through acts of violence; it may
be practiced by both governments and groups.

 State Terrorism: A government  Anti state Terrorism: Any

commits acts of terror against its own terrorist act not committed by a
citizens. government
 International Terrorism (also known  Domestic Terrorism: A group
as State-Sponsored Terrorism): A with no ties to another country
Terrorism government supplies and trains Terrorism or government commits
Practiced By terrorists to make attacks in other Practiced By terrorist acts within its own
Governments countries. Groups country.

 Some types of terrorism fit into more than one of these categories.
 Suicide bombings in Israel, for example, are ideological (promoting a Palestinian state and
sometimes also promoting Islamic fundamentalism)
  state-sponsored (a number of Arab governments fund the bombers), and domestic (many are
carried out by Arabs living in Israel).

The Purpose of Terrorism

 Terrorist acts ultimately aim to undermine governments and disrupt societies.
 Many terrorists are young, frustrated men who feel that they have been treated unjustly.
 Sometimes terrorists try to destabilize a government directly, via assassinations, kidnappings,
and the bombing of government buildings.
 Terrorists can also work to undermine governments indirectly by showing people that their
leaders are too weak to prevent the attacks and that an active resistance movement exists.
 Sometimes, terrorists attack in order to provoke a strong response from the government,
hoping that the response will alienate more people from the government and foster even more
political discord.
Impact of International Terrorism-
 Terrorism has an impact on the societies that it affects or targets. While this impact can be one-
off or limited, nowadays—with the terrorism of radical Islamic groups such as al-Qaeda and,
more recently, ISIS—it tends to be heavy and long lasting, even if it does change over time.
 Terrorism aims to create terror, a feeling of insecurity, and the idea that leaders can no longer
protect those they lead.
 If the impact of terrorism is lasting, it becomes cultural: individuals change their habits and
behaviors, Terrorism changes people’s understanding of reality.
 Tourist flows are also affected by terrorist attacks, and new investments are generated,
particularly in security.
 The terrorism of today is fast becoming a global phenomenon, rooted in logics that exist both
within and outside of the societies it affects. In turn, this influences diplomacy, intelligence, and
war.
 It affects certain societies that have been willing to recognize victims for half a century now, and
that today make a priority of remembrance, even if this has an influence on history.
 Terrorism affects some groups more than others, such as Jews and Muslims in societies in which
they are the minority.

Assignment-

Q.1- What do you understand by International Terrorism? Explain?

Q.2-Discuss the types of Terrorism?
Q.3-What are the Purpose of Terrorism?
Q.4-Discuss the Impact of International Terrorism?
 [Link]- III-SEM

SUB-POLITICAL SCIENCE

UNIT-IV
LECTURE-6
TOPIC- Peace and security
YOUTUBE LINK- [Link]
Previous Year Questions of Lucknow University on this topic-
NOTES-

Meaning of Peace-
 peace is related to precondition of any curiosity about finding good peace and distinguishing it
from a bad peace and other concepts.
 Due to the different position of Peace in various fields is, different concepts depending on each
of these has been mentioned.
 It is thought the most important thing is that whether peace should simply be defined as the
absence of war and direct violence (negative peace), or whether it involves both mean of
absence of war and direct violence in the presence of social justice (positive peace)
 In the second sense, peace is political conditions that guarantee social justice and stability
through institutions, procedures and the formal and non-formal norms. In the etymological
meaning, peace means are as follows:
State which is prevailing in the absence of a war,
 Treaty after the war.
 State of harmony and balance.
 The silence and calmness state.

Meaning of Security-
 Security has posed a major cause of concern to many states in the world in the last few decades.
 Everyday people are faced with tough choices of survival, even more significant ones collectively
as a group, as insecurity has plagued eventually every part of the world today.
 In the whole world, in diverse ways and for many different reasons mankind is faced with a
period of terror, torture and destruction and people are killed, starved, raped, imprisoned,
displaced etc.
 According to Morgenthau, security is a derivative of power since “We assume that statesmen
think and act in terms of interests defined as power, and the evidence of history bears that
assumption out” while it might be argued that actually it does not .
The Status of International Peace and Security in the Charter of the United Nations

 U.N in accordance with the Charter of the United Nations, began with decision to protect future
generations from the ravages of war.
 The maintenance of peace and international security was considered as the first target.
 Although the peace is one of the oldest human aspirations, human history is full of conflicts,
contradictions and collisions.
 Under Chapter VII of the UN Charter, the Security Council can take enforcement measures to
maintain or restore international peace and security.
 According to Article 24 of the Charter, the United Nations members handed international peace
and security over to the Security Council and agreed that the Security Council takes action that
is responsible for behalf of members.
  Article 51. Nothing in the present Charter shall impair the inherent right of individual or
collective self-defence if an armed attack occurs against a Member of the United Nations, until
the Security Council has taken measures necessary to maintain international peace and security.

New Threats and Challenges Confronting International Peace and Security

 Since the beginning of the United Nations was with the aim of preventing ruinous wars like
World Wars I and II
 the governments understating of breach of peace and international security can be known as
emergence of a situation that the world will be facing similar events.
 Hence the most effort of origination to end the 80s was to prevent the development of disputes
between states, limiting the scope of the war and the threat of weapons of mass destruction.
 According tasks that United Nations Charter considered for each of the pillars of the United
Nations, primary responsibility for maintaining international peace and security is entrusted to
Security Council which in this case has general jurisdiction.
 Also international peace and security Threats and challenges texture is got out from traditional
mode which was more military and in addition to it.
 political, economic, social and environmental threats caused international peace and security
hazard .
 Civil War, violation of human rights, weapons of mass destruction development, organized
crime, international terrorism, lack of democracy and government instability and poverty and
underdevelopment, are included in the challenges and threats that have strong potential for
growth and negatively affecting peace and international security.

Assignment-
Q.1- What is the meaning of Peace?
Q.2- What is the meaning of Security?
Q.3-Explain the Status of International Peace and Security in the Charter of the United Nations?
Q.4- Explain the New Threats and Challenges Confronting International Peace and Security?