3rd Semester

Minor – 2 : Paper - 3

Political Science – 3
State & Political Obligations

UNIT – I
What is Political Obligation? Discuss the nature and Characteristics of Political
Obligation?
a) Political Obligation: Meaning:
The term ‘obligation’ originates from a Latin word ‘obligate’ which implies
‘performance of an enjoined duty’. Society calls upon the individual to follow certain
do’s and don’ts. These are obligations or duties.
For instance payment of tax is a duty, and so also refraining from committing of theft
is another form of duty.
Obligation is something that binds men to an engagement or performing what is
enjoined. It is the duty of a man to fulfil or discharge a duty enjoined on him by his
rational understanding. Law regulates the social life of men, the principle of legal
obligation takes the form of a bond between private person tied to one another for the
performance of same act as desired by the enforcement of law.

b) Nature of Political Obligation:

People cannot play the game of cricket without obeying the rulings of the umpire, so
they cannot live well without accepting commands of the persons charged with the job
of maintaining peace and order in the society. As Benn and Peters observes, “of
course, there are plenty of good reasons for accepting authority in general. We are
often in a situation where it is more important to accept an umpire’s judgement than to
insist on our own. An army will usually do better even with bad generals than with no
generals at all. We accept authority, because most social enterprises would be
hopeless without it.
The people not only obey the laws of the state or the ‘commands of the sovereign’ for
they also scrutinise those orders in terms of the satisfaction they seek from life, and
from time to time, they reject than on the ground that they are denial of those
satisfactions. “Obedience, that is to say, is the normal habit of mankind, but marginal
cases continually recur in which the decisions to disobey are painfully and
passionately defended.”

c) Characteristics of Political Obligation:

1. Government is a difficult art and any wrong move may entail serious
consequences. Therefore, it is the duty of every conscientious person to interest
him seriously in the management of public affairs. Political obligations are not
merely of an intellectual character, they also involve obligations of an honest
and what is called, public service.

2. The concept of political obligation automatically involves the case of political

legitimacy and effectiveness. Political legitimacy refers to the capacity of the
system to engender and maintain the belief that he existing social, economic
and political institutions are most appropriate for society.
 3. The idea of political obligation not only informs people to obey their authority
of those in power, it also desires to be critical about the way authority is
exercised. They should scrutinise the actions of their rulers and resent in the
event of any invasion on their liberties.

2. Kinds of obligation:
Obligation can be classified into:
i. Moral and legal obligation
ii. Positive and Negative obligation

i. Moral and legal obligation:

Moral obligations are not prescribed by the state. The individual has to accept ethical
and moral principles of society. Moral principles of society vary from country to
country. Some common moral principles are, being good to neighbours; showing
hospitality to guests, looking after parents in their old age, provide relief to the poor
and the weak, helping injured persons, showing kindness to animals etc. The state
cannot punish any person if he violates moral obligations.

Legal obligations are prescribed by the state. When the individual does not obey them
the state can punish him. These obligations are legally binding on the individual. The
individual is legally called upon to pay taxes, and cannot escape from this duty. If any
person violates to pay the prescribed taxes, he shall be punished according to law.

ii. Positive and Negative obligation:

Positive Obligation: The laws of a state lay down certain do’s. These are the positive
obligations of the individual. Paying taxes in full and at the right time, casting one’s
vote at the time if there is election and joining the army in time national emergency
can be regarded as legal obligation in the positive sense. In the moral sense, serving
one’s sick father is a moral obligation in the positive sense.

Negative obligation: The individual is expected to follow certain don’ts which are
called as Negative obligations. People are not supposed to do what is prohibited by
law. For example the individual shall not encroach upon other’s property and commit
theft or murder etc.

Discuss the grounds and limitations of Political Obligation?

Grounds of Political Obligation:
Why the individual should obey the state, be loyal to it, and act in accordance with the
laws and orders made by it? These questions often arise in the matter of political
obligation. This question arose in the modern times, when great political
consciousness manifested itself in the minds of the people , who became increasingly
aware of their rights .
The following are the important grounds of political obligation, and explain why the
individual obeys the state.

1. Need of State:
Man is a social animal as well as a political animal. He has to live in a state, he cannot
live as civilized human being without it. The state renders various kinds of services. It
protects its people from violence to their lives and property, and also takes steps to
promote their welfare. It also protects its people from wrong-doers and criminals. It
regulates the conduct of the people. It undertakes several social welfare activities.
When the state confers numerous functions and advantages on the individual, any
individual with commonsense will realise that his foremost duty as a member of the
state is to obey its laws, and discharge all obligations towards the state. If the state is
to function smoothly and serve the interest of the people, they should be obedient to
state.

2. Fear of Disorder and Anarchy:

Human beings desire to have peace and order which is possible in the association of
the state. But human beings are very selfish. He remembers his right only and he
neglects his duties. So there must be an authority to remind him of his duties or to
control his acts. If there is no authority to control the activities of the people, he
becomes more dangerous for his neighbours, and disturbs peace and order in society,
so that there prevails disorder and anarchy. To avoid such a situation and to lead a
happy life, he has to obey the state.

3. Matter of Habit and Tradition:

In a family in which much importance is given to disciplined conduct, it becomes a
habit with all members to be good, courteous and helpful. So it is a habit among its
citizens to be peace-loving and law-abiding.

4. Fear of Punishment:
This is one of the most important grounds of political obligation. Fear of punishment
makes them to obey the state. Majority of the people obey the laws of the state due to
the fear of punishment. Good citizen thinks it a privilege and duty to be loyal to the
state. Some people feel that obedience to the state as an unpleasant and painful duty.
But out of the fear of punishment they obey the state. The punishment affects to the
social status of a person so to avoid that they will obey the state.

5. Religion:
In ancient states, the influence of the people on religion was great, and when religious
leaders asked the people to obey the government they obey the laws. Ethical religion
is made up of laws which bind men all over the world. Believing God, religionalism
means moral governance of the world. All religion preaches the moral values, moral
laws and moral conduct of people. People believed that king was the representative of
God. They accepted him Superior law-making person. Religion is a vital factor
weighing in the minds of the people in rendering obedience to the state.

6. Disobedience not possible:

In every state, there are selfish persons, and do not care much for the larger interests
of the community. They would choose to disobey the state, and challenge its power.
But it is not possible for them to disobey the state or overthrow its power. The state
has all armed forces at its disposal to meet any challenge from any individual or group
within the state, and to protect its lawful power. So obedience to state is not possible.

7. Legitimacy of source of laws:

Law of state attract obedience and loyalty, because the laws are legitimate laws, which
is helpful for the people to lead a happy and peaceful life. People will not disobey bad
laws, even if they are passed by a democratic government. Any law which is backed
up by legitimacy will be followed by the people.

8. Rationality and usefulness of Laws:

People obey laws, because they are rational and useful. Law is only a means and not
an end in itself. It is found that all are equal before the law. Court protects the legal
rights of the individual. People obey laws because they are useful instruments of
human welfare.

Limitations of political obligation:

1. Unjust laws:
Certain governments pass unjust laws with their brute majority in the legislatures.
Political obligation can be absolute, or circumstantial, or unwarranted. It is absolute
when there is no right of resistance. It is circumstantial when there is right of
resistance to unjust laws. It is unwarranted when the political authority itself is
unjustified. In such a case, one does not have to have a special obligation to obey law.

2. Violation of fundamental rights:

Rights and duties are the two faces of the same coin. If the state interferes in the
fundamental rights of the people, they will revolt against such government.
Example: Emergency declared by Smt. Indira Gandhi.

Discriminatory policies:
All are equal in the eyes of law. It is the duty of every government to look after all the
people alike. If it follows any discriminatory policies, the people revolt against such
government and it will be an important limitation on political obligation. Example.
Racialism adopted by white government in South Africa, Zimbabwe etc.
 3. Minorities:
In every state, there shall be minorities. Each state should pass such laws for the safety
and prosperity of minorities. They should feel a sense of security. The state should not
show any discrimination towards minorities. Bentham’s utilitarianism preaches “the
greatest happiness of greatest number of people.” Gandhiji enunciated the principle of
Sarvodaya, means good to all. He criticised majority rule over minority rule. If the
minorities are neglected, and they feel insecurity, they revolt against the government.

4. Public opinion:
The laws passed by the government should represent the will of the people. The public
or the political sovereign should accept the principles of the government for that it
should be helpful to people. One cannot be benefited by the law and disobey it at the
same time. If the laws passed by the state do not represent public opinion, the people
express their displeasure by agitations and thus political obligation will be damaged.

5. Strong and Stable government:

People need a Strong and Stable government. A weak government cannot control the
people effectively; they will challenge its authority. A strong and stable government
can protect the people and fulfil their aims and objectives in a positive way and they
will be under the feeling of security then naturally they will obey the government. But
strong and stable government should not become autocrat and brute. If the
government passes bad laws then the people will revolt against such laws.

6. Rational laws:
The government should pass laws which should meet the needs of the people. Such
laws should be rational. They should feel that they need such laws, and therefore
obeying them would be in their own interest.
Excess taxes: paying taxes is a fundamental duty of the citizens. While collecting the
same from the people, government should be very cautious. They are not supposed to
collect excess taxes. That means the taxes should be imposed without giving pain to
the people. Unbearable taxes will cause annoyance to the people and become a
hindrance in political obligation.

UNIT – II
 1. What is Law? Discuss the nature and sources of Law; Kinds of Law; Law
and Morality?

A) Meaning:
Men live in society. They differ in their ideas, aims and ideals. Hence, there must be
some ‘uniform rules’ to control their activities. These uniform rules which regulate
human behaviour are called laws.
The concept of law occupies a significant place of political theory. Law is closely
associated with State that State without law is anarchic and law without a State is
meaningless.
Generally, the term law is used to mean three things:-
First, it is used to mean’ legal order.’ It represents the regime of adjusting relations,
and ordering conduct by the systematic application of the force of organised political
society.
Secondly, law means the whole body of legal precepts which exists in a politically
organised society.
Thirdly, law is used to mean all official control in a politically organised society.

Definition of Law:
In its widest sense
As per Salmond, the term ‘law ‘ in its widest sense, ”includes any rule of action, that
is to say, any standard or pattern to which actions (whether the acts of national agents
or operation of nature ought to be confirmed.”
Gray says, “The law of the State or any organised body of men is composed of the
rules which the courts, that is the judicial organ of the body lays down for the
determination of legal rights and duties.”

Nature or Characteristic or Essentials of Law:

The most dominating feature of law is its uniformity.

The dominant character of law is that it is in the nature of enjoinments to be kept.
The law should conform to the principles of justice.
Law consists largely of ‘ought ‘ (normative) propositions prescribing how people
ought to behave but not control their thoughts and motives.
The law has the characteristics of impartiality.
Another valuable character of law is its capability in procuring remedies in cases of
infringement.
Law presupposes organised civic State. The State makes and enforces law.
Law is territorial in nature.
Law is universal in the sense that no individual or group of individuals s exempted
from law.
Law is definite and precise.
The main aim of law is to ensure social order for the general good of mankind.
Law should be dynamic and not static.
Laws confer enjoyment of powers and rights.

B) Sources of Law:
Law is the result of development and a product of History. Several factors have
contributed to the development of law. These factors are regarded as the source of
law. The sourced of law are customs, religion, judicial decisions, scientific
commentaries, equity and legislature.

Custom or usage:- Custom is to society what law is to the State.

Custom is the embodiment of the earliest source of law. Salmond say,” Custom is the
embodiment of those principles which have commended themselves to the national
conscience a principles of justice and public utility. “
Customs or usages are those practices which are follows repeatedly by people,
generation after generation for the sake of their convenience. A custom is formed
much in the same way as a path formed across a field. A custom gradually comes into
existence. In olden days customs regulated the relations between men. They play an
important role in framing of laws. Most of the laws spring from the customs and
recognised by the State. No State can ignore the customs of the people.
The law of Twelve Tables in Rome, the Manu and Yajnavalkya in India are some of
the examples which reflected people’s customs. The ‘Common Law’ in the U .K. is
also an excellent example of customary law.

The modern society draws its inspiration from the primitive society considering some
customary laws. In India, at present in Hindu Law customs are recognised by law
courts and they have the force of law.

Religion:- Religion is another basis of law in most of the countries. Religion played a
very important role in the olden days and it influenced the life of man much. In
ancient societies, life was closely associated with religious beliefs and practices.
Religious ideas and practices were used for promoting the spirit of society and also for
solving certain social problems. Primitive men believed that law had a divine origin.
Religious concepts controlled the human behaviour in society. Religion played a
powerful role as a sanction behind law in Egypt, Greece, Rome and India. The
scriptural sanctions are still followed in some religious communities. The religious
law is popularly called ‘personal law’. In India, Hindu Law is based on the Code of
Manu and Mohammedan Law on the Koran.

Equity:- Another source of the law is equity. Another source of the law is equity.
Maine defined equity as “anybody of rules existing by the side of the original civil
law, founded on distinct principles and claiming incidentally to supersede the civil law
in virtue of a superior sanctity inherent in those principles”. Equity is a judge made
law.
Equity is synonymous with justice. Equity follows the law. ‘Equity’ in the widest
sense of the term is ‘aequalitas—the rendering of equality, the doing of proper good to
all in accordance with what they deserve. So equity is equality. Equity in its broad and
popular sense signifies qualities, justice and fairness. It is an informal method of
making a new law or altering an old law depending on fairness and equality of
treatment. When laws do not fit in a case or where the existing laws are silent, the
principles of equity are applied and cases are decided.
Precedent (Judicial Decision or Adjudication):-
The judicial decisions of judgement passed by some of the learned jurists became
another significant source of law. The judges are considered to be the ‘wise men of the
community’. Their interpretation of certain cases gives solution to present issue and
also to the future situation.
When there is no legislation on the particular point which arises in changed
conditions, the judges depend on their own sense of right and wrong and decide the
disputes. Such decisions become authority or guide for subsequent cases and of
similar nature and they are called precedents. According to Jenks, a judicial precedent
is “a decision by a competent Court of justice upon a disputed point of law, which
becomes, not merely a guide but an authority to be followed by all courts of co-
ordinate or inferior jurisdiction, administering the same system, until it has been
overruled by a court of superior jurisdiction or by a statute of a superior authority e.g.
an Act of Parliament.”

The judicial decisions, even today, continue to play an important part in the growth of
law. In the U.S.A., the Supreme Courts through its power of judicial interpretation has
very much added to the body of the American Constitution. According to Justice
Holmes, Judges do and must make laws. A judge while pronouncing a judgement,
consciously or unconcsciously makes new law.

Scientific Commentaries:- The writings and opinions of learned writers are also
considered to be the source of law. In England, the opinions of Coke Littleton and
Blackstone, in the U.S.A., of Story and Kent, and in India, of Vijnaneswara and
Apararkara are some of the best examples. Though by themselves such commentaries
are not regarded as law but because these commentaries are basis of judgements by
law courts they are regarded as sources of law.

Legislature :- Salmond says, ”Legislature is that source of law which consists in the
declaration of legal rules by a competent authority. Legislature is the direct source of
law. In the modern times one of the three organs of the government, legislature makes
laws. The legislature frames new laws, amends the old laws and cancels existing laws
in all the countries. The aim of law making is public welfare. But the legislature bears
in mind certain factors like, custom, religion, equity,etc. while in the form of ‘rules ‘
in the modern age.

Codification:- Codes are the sources of law. A code means a systematic collection of
statutes, body of laws, so arranged as to avoid inconsistency and overlapping’.
According to Salmond, codification is the reduction of the whole corpus juris to the
form of enacted law. The codification means promulgation, compilation, collection
and systematization of the body of law in a coherent form by an authority in a State
competent to do so. In India we have a Code of Manu. Hindu Law was compiled by
Raghunandan Shastri of Bengal. Macaulay prepared the draft of the Penal Code of
India as also draft of the Civil Procedure Code. There is a Code of Criminal
Procedure.
Statutory interpretation or Construction:- Interpretation is a very important function of
the Court. The process of ascertaining the meaning of the letters and expressions by
the Court is called ‘interpretation ‘or ‘construction’. Interpretation is the process by
which court seeks to ascertain the meaning of a particular legislature. It is through
interpretation; the judiciary evolves the law and brings changes in it, and thus, keeps
the law abreast of time.

C) Types or Kinds of Law [Classification of Law]:

Holland’s Classification:
Holland divided law into Municipal Law and International Law.
Municipal Law is the law applicable to individuals and groups within the State.
International law deals with the conduct of the State towards another State.
The Municipal law has been further sub-divided into public law and private law.
Private law regulates the relation of the State and the individual. Under public law the
State is one of the parties to the right created by the law.

Salmond’s Classification:
Salmond has classified law in its widest sense as follows:-
Imperative law:- Imperative law means any positive law or rules of conduct or
behaviour imposed by any ruler, legislature, State, institution or body of person. If a
person commits any breach of imperative law he will have to undergo some sufferings
which is known as sanction.

Physical or scientific law:- Physical law or the laws of science are expressions of the
uniformities of nature-general principles expressing the regularity and harmony
observable in the activities and operations of the universe.

Natural Law:- Natural consists of the principles of natural right or wrong or the
principles of justice in its wider sense. It is based on moral or religious grounds.

Conventional Law:- Conventional law is law based on convention ,that is to say,

something arising out of an agreement between the parties or a rule made by an
institution.

Customary Law:- Customary law comprises the reasonable customs and usages
observed as a right from immemorial antiquity by a particular family or by society as
a whole.

Practical or Technical Law:- Practical or technical law imports the rules of

technique or art to be followed in a particular occupation, work, business or
achievement, to procure the successful or desired results.

International Law:- International law is an aggregate of rules and regulations

recognised and accepted by civilized States in relation with each other.

Civil Law:- Civil law is the law of the State, the law of the land , the law of the
lawyers and law courts. “Civil law is again sub-divided as pubic law and private law.
Public law is such part of the civil law as deals with the Constitution and working of
the State, the functioning of its various departments, and the relation between the State
and its citizens. Public law consists of constitutional law, administrative law and
criminal law.

Maclver’s Classification:
Professor Maclver has given the classification of law in the following manner.
Political law has been divided into two :- i) National Law and ii) International Law.
National Law:
National Law is again sub-divided as :- Constitutional Law and Ordinary Law.
Ordinary Law is the law relating to the individuals. Ordinary law may be of two types
i) Public Law and ii) Private Law.
Public law regulates the relationship between individual and State. Private law deals
with relation among individuals.
Public law can be sub-divided as i) Administrative Law and ii) General Law
Administrative law deals with relation of officials with the State. A general law tells
us about the relationship between a private citizen and the State.
Constitutional law deals with the structure of the State and defines the nature and
scope of governmental authority.
Private law deals with the relations among individuals. Both the parties concerned in
private law are private individuals.

International Law:
Every State is independent and sovereign. However, the relation between these States
needs to be regulated. The rules and regulations which are observed by civilised States
in their dealings are called International Law.
International Law is divided into Private International law and Public International
law. The Public International law tells us about relations among various States
whereas the Private international law is concerned with relations among the States and
individuals.

The sources of international law are international customs, international treaties and
general principles of law recognised by civilised countries, judicial decisions and
writings of eminent thinkers on international law.

D) Law and Morality:

 Morality represents the principles of good behaviour. It deals with the principles of
right and wrong. it relates to good and virtuous living. It is equal to right and honesty
which governs our internal actions. It is more concerned with our mind and soul than
our body. It changes from person to person and place to place and time to time.. it is
not based on the force of authority but on conscience and good will.

Law and morality are closely related to each other and also distinguished from each
other.
The differences between law and morality are:

[Link]. Law Morality

1. Law regulates our external actions only. Morality controls the entire life of man,
his thoughts, motives and actions.
2. Political laws follow standards of Moral laws prescribe absolute standards
expediency. of right and wrong, good and bad.
3. Law is based on force. Its violation isMorality has no force behind it. Its
punishable by the State. violation is not punishable by the state.
4. Law is precise, definite, clear and exact.
Morality is subjective. It changes from
It is universal and objective. person to person. It is vague, uncertain
and indefinite. It is based on
individuality.
5. In every State, there must be some There will be no authority to interpret
authority like Courts, legislature or morality in a State.
head of State to interpret laws.
6. Law is the subject-matter in political Morality forms the subject-matter of
science. ethics.
7. Law is made and enforced by the State Morality is enforced by the individual
conscience.
8. Law of a State apply to the citizens Morality has no territorial limits.
living within that State only.
9. Law is not connected with values. It is Morality is related with good and just. It
concerned with ‘what is’. is concerned with ‘what ought to be’.
10 Law is based on natural law Morality stems from human reason.

The relationship between law and morality are:

Inspite of differences, there is a close relationship between law and morality. The
relationship is as follows:
1. Law and morality are used to regulate the human conduct. The aim of both is
same. They provide a civilised life to man.
2. The basis of good laws must be morality. State only can promote good life in
society.
3. Laws which are against moral values and principles are opposed by he people
because they are dangerous to the social life. Laws which promote morality are
more beneficial to the individual. Laws which prohibit drinking liquors,
stealing, gambling and social evils are few examples which aims at developing
moral life of man.
4. The individual was made a moral and decent being through laws in ancient
days. There was hardly any difference between law and morality.
5. Law is the mirror of the moral progress of the country. Law cannot afford to
ignore the moral ideas of the people. When law is against morality, its
enforcement becomes very difficult. Law acts as the index of moral progress.
Law and morality are complementary to each other.
6. Law and morals act and react upon and mould each other. In the name of
justice, equity, good faith and conscience, morals have infiltered into the
fabrics of law. In judicial law making, legislature cannot venture to make a law
which is completely against the morals of the society.

Gilchrist says that “the state is founded on the minds of its citizens who are
moral agents”.
 2. What is Delegated Legislation? Discuss the need for the growth of
delegated legislation; Advantages and disadvantages and safeguards
of delegated legislation?

A) Meaning of delegated legislation:

The word ‘Delegation’ means ‘transfer of power or authority by the superior to the
subordinate’. Accordingly, when a subordinate by virtue of delegated authority passed
a law or legislation, it is called delegated legislation. It means ‘conferring one’s power
of law making to another.

In all modern states, the legislatures are over burdened with the programmes of
legislation. Hence the legislatures are compelled to pass laws only in a skeleton form.
The executives are entrusted with the task of preparing the contents of laws in a
detailed way. Thus legislative power is delegated to the executive.

Ex: In India, the legislative authority (law making body) is Parliament. It is not
possible for the Parliament to pass laws at all times in all cases. Hence, it may
delegate the law making power to the Executive or Administrative authorities.

Def: Delegated legislation is defined as, ‘the legislation made by the authority other
than the Legislature acting under the authority delegated to it by the legislature”.

Need / Reasons for the growth of Delegated Legislation:

The concept of State has been changed from police state into welfare State. The
Government has to design and implement various schemes to promote the welfare of
the people. The role and work of the State has rapidly increased due to the drastic
changes in the socio economic activities. Consequently the unusual pressure on the
government has increased and thus necessitated a huge bulk of legislation. It is
therefore, the legislature started defining the essential legislative principles and left the
minor details to be filled by the executive. Hence the following are the reasons for the
growth of delegated legislation:

1. Pressure upon the Parliamentary time:

In modern welfare state the bulk of the Legislature has increased and it does not have
sufficient to discuss minor details and also to provide all details. Consequently, it has
to confer on the executive or other agency, the authority to make subordinate
legislation (ex: rules, by-laws, regulations, etc.,) to supplement the legislation made by
the legislature. The Legislature, thus passes the skeleton legislation and gives
authority to the concerned authority to supply flesh and blood to the skeleton by
making rules, regulations, by-laws, orders. Etc.,

2. Technicality of subject-matter:
Sometimes, the subject-matter of the legislation is of technical in nature. It requires
experts to deal with such matters. In such cases, it becomes necessary to delegate to
the appropriate authority the power to deal with such subject-matters.
Ex: Computer technology, Atomic energy, electricity, etc.,

3. Flexibility:

The laws made by the Parliament are so rigid and may not be amended easily. But the
delegated legislation is more flexible. The rules, by-laws, regulations, orders, etc., if
found to be defective, may easily be amended by the executive or appropriate
authorities.
Ex: Bank rates, Export and import policies, foreign exchange, etc.,

4. Experiment:

The practise of delegated legislation enables experiment. The Parliament permits the
executive to make laws on experimental basis so as to meet the local needs. If the
experiment is found unsuccessful, the rules and regulations may be revoked or
modified according to the requirements and if it is found to be successful, the rules,
regulations may be extended or made perpetual.

5. Emergency Situations:

Sometimes the economic and national emergencies require quick action, but because
of being overburdened, the legislature finds it very difficult to act promptly as
situation demands. In such situations only the executive can provide effective
solutions by making suitable actions within the powers entrusted to it by law.

6. Secrecy:

In some situations it is necessary that the law should not be made public till it comes
into operation. Secrecy can be achieved only through delegated legislation; hence it is
preferred in such areas.
Ex: Imposition of import duty or exchange control, etc.,
Advantages and disadvantages of Delegated Legislation:
Advantages:
1. It reduces the work load of the legislature and thereby indirectly helps the
legislature to concentrate on the policy matters.
2. It enables to bring out flexible legislations like rules, orders, by-laws,
regulations which are flexible in nature when compared to an Act.
3. Legislations on technical matters can be done effectively through delegated
legislation.
4. It helps the government in tackling the unforeseeable emergency situations.

Disadvantages:
1. People’s representatives will is absent in delegated legislation.
2. Public opinion is absent in delegated legislation.
3. In many cases, it is unknown in advance until it is notified.

Control of delegated Legislation or safeguards against Delegated

Legislation:
In order to ensure that delegated legislation is not misused, it has been subjected to
three fold controls:
1. Procedural control
2. Parliamentary control
3. Judicial control

Procedural control :-It is not always possible for the Parliament to exercise effective
control over delegated legislation .Certain safeguards are therefore necessary to keep a
constant watch over the exercise of power by the executive or administrative
authorities. These methods are:
(a) Prior consultation of interest which are likely to be affected by the proposed
delegated legislation.
(b) Prior publicity of proposed rules and regulations
(c) Publication of delegated legislation being made mandatory.

Parliamentary control – The Parliament or legislature, which delegates law making

power on the Executive has a duty to see and check whether such delegated authority
in making laws is properly exercised. The Parliamentary control over delegated
legislation can be effectively exercised by
i. Laying it before the Parliament so that members get an opportunity to discuss and
amend it.
ii. Constitute Scrutiny committees to study rules properly and scrutinise it.

Judicial control: Judiciary also exercises effective control on delegated legislation,

whenever laws made by the executive is found to be:
a. The parent Act is ultra vires the constitution
 b. Delegated legislation ultra vires the constitution.
c. Delegated legislation ultra vires the Parent Act.
d. When it is malafide and unreasonableness, it is held to be void.

The power of examining the validity of delegated legislation is vested in Supreme

Court and High court.
 3. A) Liberty
What is liberty? Discuss the importance and kinds of liberty?
a) Meaning:
The word liberty is derived from the Latin word ‘Liber’ which means, ‘free’. If we
accept the meaning of liberty then man is free to do whatever he wants to do. But this
is the negative aspect of liberty. In fact, liberty is possible only with restraints.
According to Oxford Dictionary, liberty means the ‘right or power to do as one
pleases or to do something’.

Importance / Nature / Characteristics of Liberty:

1. Liberty can be enjoyed in the State:-

The law of the state prepare appropriate environment for the enjoyment of liberty and
save individual from unwanted interference in his life. The existence of liberty
without the state or outside the state is a myth.

2. Liberty is not the absence of restraints:

Liberty does not mean the absence of restraints but to create such an atmosphere
which promotes human and social interests. So, social and state interest creates
obstructions in the way of human liberty.

3. Liberty is never absolute :-

People belonging to different religions, speaking different languages and having
different culture and traditions etc live in the state and the protection of the liberty of
all is the responsibility of the state. And for the protection of the liberty of all is the
responsibility of the state. And for the protection of liberty of others one has to
observe certain limitations.

4. Liberty is Universal:-
Liberty is universal and it means that while granting liberty no discrimination is made
on the basis of caste, creed, religion and colour etc. Whether one is poor or rich,
educated and uneducated, residing in a village or city, each is given equal liberty.

5. Law and liberty are not opposite to each other:-

This is incorrect to say that law and liberty are opposed to each other. Actually, law
protects the liberty of citizens creates such an atmosphere which helps in enjoying
liberty.

6. Liberty is Environment:-
Liberty is not a material thing which an individual can eat or wear. Liberty is the
creation of an environment which facilitates the proper development of an individual.

7. Absence of special Privileges:-

Special privileges and rights are opposite to one another. Therefore, in which society
the people are given special privilege on the basis of their race, religion, colour, birth,
social and economic status, there will be absence of liberty.
TYPES OF LIBERTY:
Liberty can be classified as:
Natural Liberty: - Contractualists have propagated the idea of natural liberty. They
are of the view that man is born free, therefore, he should be given absolute freedom.
According to Rousseau, “Man is born free but every where he is in chains”.
Contractualists like Hobbes, Locke and Rousseau think that man has actual freedom
only in the state of nature, but with the origin of state man has lost his natural
freedom. In the state of nature, he was free like birds chirping and flying.

Civil Liberty:- It is the liberty that man gets being the member of the society. This
concept of liberty is against the concept of natural liberty. This concept does not give
absolute rights according to one’s wishes but this liberty can be enjoyed within the
restrictions imposed by the state and the society.
Civil Liberty includes personal liberty, religious liberty, liberty to express thoughts
and views, liberty to get together etc..

Political Liberty:- Political liberty means active participation in the administration of

the state. According to Laski, “Political Liberty is the power to be active in the affairs
of the state.
In short Political liberty is that constitutional liberty in which the people have the right
to elect their own government. It also includes the following rights :-
a. Right to Vote
b. Right to be elected
c. Right to hold public office according to one’s qualification
d. Right to criticize the policies of the government etc.
Political liberty is another term used for democracy and these liberties are possible
only in a democratic state.

Economic liberty:- Economic liberty is the base of all other liberties ,because in the
absence of this liberty, man cannot enjoy other liberties. Lanin has said,” Civil liberty
is worthless without economic liberty. “Economic liberty means security from
poverty, unemployment etc. The Liberty frees the man from the exploitation of the
master and gives him the proper chance to earn his livelihood.
According to Universal declaration of Human Rights, Economic Liberty includes the
right given as under:
a. Right to work,
b. Right to reasonable wages,
c. Right to form trade unions
d. Right to rest and leisure.
Prof Laski, includes the right to participate in administration of the factory, in the
category of economic liberty.

National Liberty:- National liberty is opposite to colonialism and imperialism.

According to national liberty every nation has the right to establish a sovereign state
and can be free from any external or internal control. This liberty includes liberty to
run the administration of the state in any form or way, liberty in foreign affairs ,
liberty in economic and social set up etc. No state can use force upon another nations.
Before 1947, the Indians were not having National Liberty. But now India has got
national independence.

Religious Liberty:- Religion has got a great impact on human being. Nobody can
tolerate any type of interference in his religious matters. This is the reason why many
states give the religious liberty to the citizens. Secular state provides the liberty to
adopt any religion and keeps her neutral from religious affairs.

Moral Liberty:- T.H. Green, Rousseau, Kant, Hegel and Bosanquet are in favour of
moral liberty. Moral liberty creates such conditions which enable an individual to
distinguish between right and wrong, true and false, moral and immoral etc.

Individual Liberty:- Individual liberty means that man has freedom to anything
which does not affect others. But many scholars do not accept this view, because they
think there is no such action which does not affect others. So, according to these
individual liberties can be enjoyed only under restraints.
 B) What is Equality? Discuss the importance and kinds of Equality?
a) Meaning:
Liberty and Equality are two most valuable rights of the people. These constitute two
basic pillars of democracy. The Preamble of the Indian Constitution defines Equality
as one of the four basic objectives of the Indian polity, the other three being Justice,
Liberty and Fraternity.
The main objective of equality is to bring all people together, and apply the principles
of law and justice without any discrimination among the individuals.

Def: “Equality means that no man shall be so placed in society that he can over-reach
his neighbour to the extent which constitutes a denial of latter’s citizenship.” -Laski

“Equality means equal rights for all the people and the abolition of all special rights
and privileges”. -Barker

Importance / Features of Equality:

1. Equality does not stand for absolute equality. It accepts the presence of some
natural inequalities.
2. Equality stands for absence of all unnatural man- made inequalities and
specially privileged classes in the society.
3. Equality postulates the grant and guarantee of equal rights and freedoms to all
the people.
4. Equality implies the system of equal and adequate opportunities for all the
people in society.
5. Equality means equal satisfaction of basic needs of all the persons before the
special needs’, and luxuries of some persons may be met.
6. Equality advocates an equitable and fair distribution of wealth and resources
i.e. Minimum possible gap between the rich and poor.
7. Equality accepts the principle of protective discrimination for helping the
weaker sections of society. In the Indian political system, right to equality has
been given to all and yet there stands incorporated provisions for granting
special protection facilities and reservations to persons belonging to Scheduled
Castes, Scheduled Tribes Other Backward Classes, minorities, women, and
children.
Thus Equality stands for 3 Basic Features:
(a) Absence of special privileges in society.
(b) Presence of adequate and equal opportunities for development for all.
(c) Equal satisfaction of basic needs of all.
Types of Equality:
Equality is broadly classified into:
1. Natural Equality:
Despite the fact that men differ in respect of their physical features, psychological
traits, mental abilities and capacities, all humans are to be treated as equal humans. All
are to be considered worthy of enjoying all human rights and freedoms.

2. Social Equality:
It stands for equal rights and opportunities for development for all classes of people
without any discrimination.
Specifically, it stands for:
i. Absence of special privileges for any class or caste or religions group or an
ethnic group;
ii. Prohibition of discrimination against any one on the basis of caste, colour,
creed, religion, sex and place of birth;
iii. Free access to public places for all the people, i.e. no social segregation; and
iv. Equality of opportunity for all people. It however accepts the concept of
protective discrimination in favour of all weaker sections of society.
A modern central theme of social equality is to end gender inequality, to ensure equal
status and opportunities to the women and to ensure equal rights of male and female
children to live and develop.

3. Civil Equality:
It stands for the grant of equal rights and freedoms to all the people and social groups.
All the people are to be treated equal before Law. There is no equality if laws are
passed to benefit one class of people at the expense of the other. Equality really
implies that all citizens should be treated alike in the matter of possession and exercise
of rights. There is no discrimination of any kind.

4. Political Equality:
It stands for equal opportunities for participation of all in the political process. This
involves the concept of grant of equal political rights for all the citizens with some
uniform qualifications for everyone. This implies democracy and adult suffrage. But
political equality is never real unless it is accompanied by economic equality.

5. Economic Equality:
Economic equality does not mean equal treatment or equal reward or equal wages for
all. It stands for fair and adequate opportunities to all for work and for earning of their
livelihoods. It also means that primary needs of all should be met before the special
needs of few are satisfied. The gap between rich and poor should be minimum. There
should be equitable distribution of wealth and resources in the society
.
6. Legal Equality:
Finally, Legal Equality stands for equality before law, equal subjection of all to the
same legal code and equal opportunity for all to secure legal protection of their rights
and freedom. There should rule of law and laws must be equally binding foe all. In
every society equality must be ensured in all these forms.
 C) Relationship between Equality and Liberty:
Liberty and Equality are closely related to each other. There is no value of liberty in
the absence of equality. They are the same conditions viewed from different angles.
They are the two sides of the same coin. Though there is a close relationship between
liberty and equality, yet there are some political thinkers who do not find any
relationship between liberty and equality. For example, Lord Acton and De
Tocqueville who were the ardent advocates of liberty, found no relationship between
the two conditions.

To them liberty and equality were antagonistic and antithetical to each other. Lord
Acton maintains that “The passion for equality made vain the hope for liberty”. Such
political thinkers maintain that where there is liberty, there is no equality and vice
versa. These political thinkers are of the opinion that people were conferred inequality
by nature. We find inequality in nature also.

In some parts there are rivers while in others there are mountains and in still other
parts there are plains and fields. No two persons are similar in their ability and
capacity. And so there cannot be equality in society.

Liberty and Equality “are to be reconciled by remembering that both (liberty and
equality) are subordinate means to the end of realising the potentialities of individual
personality on the widest possible scale. The development of a rich variety of
potentialities requires a large measure of liberty and forbids all attempts to impose a
dead level of social and economic equality”.

“There is an intimate connection between the two “because all individual liberties are
related to the basic equality of all men and because historically the aspiration for
liberty became in practice and destruction of privilege or inequality”.

Both are complementary to each other. “Liberty thus implies equality,” says Herbert
A. Dean, “liberty and equality are not in conflict nor even separate but are different
facts of the same ideal … indeed since they are identical, there can be no problem how
or to what extent they are or can be related; this surely the nearest, if not the most
satisfactory solution ever devised for a perennial problem in political philosophy”.
 UNIT – III

Approaches to Political Obligation:

a) Individualism – Background, statement, Merits & Demerits:

Definition and Meaning of Individualism:
The ideology of Individualism, also referred to as the laissez faire originated in the
latter part of the eighteenth century in France. Individualism believes in individual.
Hence it asks for giving maximum possible freedom to the individual and least
freedom to the State.

Origin and Growth of Individualism:

Principles of Individualism-
i. Individualism treats individual as the hub of all activities in a society.
ii. Individualist advocates for maximum liberty to the individual to determine
his own affairs.
iii. Idealism believes that every individual knows what is good for him and
what is bad. Every individual is far-sighted and he knows what he desires.
iv. This ideology holds that every person wants pleasure and avoids pain. His
every action is for pleasure.
v. Individualists consider state as a necessary evil. They consider it evil
because it curtails individual liberty and finds it necessary because man is
egoistic and selfish by nature and thus needs the protection of state.
vi. Individualists support small state. For them every limitation on individual is
evil and extension in state power is harmful to individual liberty.
vii. Idealists foresee the role of the state merely in a protective capacity. State
should protect and preserve the individual from violence, fraud and country
from internal disturbances and external aggression.
viii. State should not injure the freedom of others. When public peace is in
danger then and then only State should interfere in individual affairs.

Merits of Individualism

The following merits of individualism can be mentioned.

1) Individualism encourages self-reliance and a spirit of dynamism.

2) Individualism encouraged large scale production. Every state in which the
industrial revolution broke out produced goods on a mass scale. For handsome
profits in industry, trade and commerce motivates the captains of industry to
give their best in every field.

Drawbacks of Individualism

1) The complete adoption of individualism leads to negligence of duties by

Government. Society loses the advantages of collective effort, encouragement
and help through Government.
2) Individualism can succeed only if all persons in society are equal in ability and
intelligence, and all have the same advantages at their disposal . But fact is all
individuals differ in their capacities, intelligence and ability. Very few people
can have the proficiency and dynamism to take advantage of laissez-faire.
3) Individualism encouraged unfair competition. This enables politically, socially
and economically strong individuals in society to crush the weak ones. This
may lead to Competition predicted disaster. Competition can never be free as
long as there is a wide gap between the rich and the poor.
4) Spencer’s support to the Darwinian principle of the survival of the fittest,
which cannot be justified. This principle says that the weaker has to suffer at
the hands of the stronger. Thus the forces of competition make the weaker
section’s life miserable.
5) Individualism with its evil consequence of cutthroat competition results in
extravagance and waste on a large scale, and the entire society suffers
ultimately.
6) The Private enterprises sector came forward making misuse of its power and
prestige. Money started talking loudly and Governments all over the world
went under the control of the rich captains of industry. The rich classes
ruthlessly exploit their employees not granting them even reasonable human
rights without any Government interference.
7) Individualism disturbed the social disharmony and conflict. As there was no
active involvement of Government so as to alleviate the sufferings of the
working class, and the gap between rich and the poor became wider and wider.
UTILITARIANISM
Meaning and Definition:

In the nineteenth century, classical liberalism was spread all over. Utilitarianism was
an old English school of thinking, which launched a movement for introducing
reforms in various fields in the nineteenth century. Jeremy Bentham, James Mill and
John Stuart Mill upheld the principles of liberalism like civil liberty, fiscal liberty,
social liberty, personal liberty and economic liberty. These liberals also espoused the
cause of utilitarianism. Thus utilitarianism had liberalism for its foundation. Utilitarian
philosophy is realistic, and it thinks in terms of the practical affairs of men and
women. It does not put forth abstruse ideas, whic h ordinary people cannot
understand. Utilitarian’s made a realistic approach to political and other problems.

Principles of Utilitarianism

1) That man weighs everything in terms of pleasure and pain. He always pursuits
for his pleasure.
2) It is not idealism but fruit of action which matters for the citizen.
3) All utilitarian were liberal.
4) Concept of Utility is the very basis of this ideology.
5) They believe in moral values and justified everything in that point of view.
6) As Futilitarians were realistic, they believe in use of inductive and
experimental methods of study.
7) This ideology believes in greatest good of greatest number of people, which is
possible by promoting moral development of people looking after their
progress and their socio-economic-cultural and physico-moral up-liftment.
8) They further believe that pleasure should not be the monopoly of a particular
section of class but maximum number of people irrespective of their socio-
economic status should be able to enjoy it.
9) With respect to Laissez Faire futilitarians changed their stand in course of time
and claimed that that was not in the interest of the society.

10) They believe that men and society are inseparable. Without society man can
not live a happy and joyous life.

11) Utilitarian is very close to Associationism.

Evolution of Utilitarianism

The origin of modern utilitarianism can be traced to the thought of the English
thinker, David Hume (1771-76). He was against rationalism based on the
conception of the law of nature. He says that the acid test of an institution lies in its
utility and capacity to promote happiness. The aim of realising pleasure or
 happiness goads the individual to act. The state should promote happiness of
maximum possible number of people. Pleasure provides a strong motive to the
actions of the individual.

The ideas of Hume were followed by Hutcheson, Professor of Moral Philosophy at

Glasgow (1729-46) and Joseph Priestly. Hutcheson employed the expression “the
greatest happiness of the greatest number.”

Jeremy Bentham (1748-1832)

Jeremy Bentham was an English philosopher and political radical. He is primarily

known today for his moral philosophy, especially his principle of utilitarianism, which
evaluates actions based upon their consequences. The relevant consequences, in
particular, are the overall happiness created for everyone affected by the action.
Influenced by many enlightenment thinkers especially empiricists.

Bentham developed an ethical theory grounded in a largely empiricist account of

human nature. He famously held a hedonistic account of both motivation and value
according to which what is fundamentally valuable and what ultimately motivates us
is pleasure and pain. Happiness, according to Bentham, is thus a matter of
experiencing pleasure and lack of pain.

Although he never practiced law, Bentham did write a great deal of philosophy of law,
spending most of his life critiquing the existing law and strongly advocating legal
reform.

Bentham's influence was minor during his life. But his impact was greater in later
years as his ideas were carried on by followers such as John Stuart Mill, John Austin,
and other consequentialists.

His famous writings:

1. Fragments of Government (1776)

2. Introduction to the principles of modern legislation (1789)
3. Essays on political tactics (1791)
4. Discourse on civil and penal legislation (1802)
5. The theory of punishments and rewards (1811)
6. A Treatise on Judicial evidence (1813)
7. Papers upon codification and public instruction (1817)
8. The Book of fallacies (1824)
9. Catechism of parliamentary reforms (1809)

The following are the basic doctrines of Bentham:

1. Individual’s Two Masters

 2. People choose only pleasure
3. Measuring of Pleasure and Pain
4. Various Pleasures and Pains
5. Concept of Utility
6. Legislature to Increase Pleasure
7. Passion for Reforms
8. Obedience to Law Based on its Utility
9. Happiness of people is aim of Government
10. Staunch advocate of Representative Institutions

John Stuart Mill (1806-73)

His famous Writings:

 System of logic, Ratiocinative and inductive (1843)

 Principles of political economy (1844)
 Enfranchisement of women (1853)
 On liberty (1859)
 Dissertations and discussions (1859)
 Thoughts on Parliamentary reforms (1859)
 Considerations on representative Government (1860)
 Utilitarianism (1863)
 Three essays on Religion (1874)

Main principles of John Stuart –Mill’s Utilitarianism

 The basis of the greatest happiness of the greatest number in Bentham’s

thought is self-interest. According to him, self-regarding and other-regarding
should go together. Thus Mill’s attitude to happiness is clearly superior to that
of Bentham.
 Mill agrees with Bentham that the greaatest happiness of the greatest number
represents the highest good. But he considers the quality of pleasures. Making a
distinction between higher and lower pleasures, Mill says that intelligent
people prefer the higher pleasures. He maintains:”It is better to be a human
being dissatisfied than a pig satisfied; better to be a Socrates dissatisfied than a
fool satisfied. “He also says:”No intelligent person would consent to be a fool;
no instructed person would be an ignoramus.”
 Mill makes a classic blend of the currents of utilitarianism and individualism
blended. Though utilitarianism is against laissez- faire in state action, Mill
speaks of the value of both.
  Mill regarded liberty as an invaluable asset and supreme possession. Mill says
that individual liberty does not mean freedom to do anything. He imposes two
restrictions on individual liberty :
1) The individual should not do any harm to others.
2) He should share the work and sacrifices of society and ensure that
individuals are protected from harm.
 Mill advocated reforms aiming at promoting people’s welfare . Some of the
reforms proposed by him were radical according to contemporary standards.
He stood for (a) labour reforms (b) universal suffrage and women’s suffrage
(c) proportional representation and (d) compulsory education.

Evaluation of Utilitarianism

Merits of Utilitarianism
1. Utilitarianism is essentially based on practical and human considerations. It
served the actual interests of the public.
2. The Utilitarian theory devastated the theory of natural rights, the social contract
theory and the theory of idealism. It was owing to the futilitarians and political
thought yielded concrete results as far as the people were concerned.
3. This theory makes it clear that the states are means to an end, and not an end in
itself. It is incumbent on the state to promote the happiness of all.
4. Utilitarianism opposes to the idealist thought that the state is an ethical
institution, and the individual should implicitly obey the state, and March of
God on earth. Thus this ideology saved the individual from the inroads of the
state.
5. The slogan “the greatest happiness of greatest number” had a great appeal.
Utilitarianism has clearly shown that it is possible through proper legislation
introduce reforms for improving the condition of the people. Following this
principle of utilitarian’s , the Government in Britain introduced several factors
reaching reforms.

Drawbacks of utilitarianism

1. Utilitarianism lays emphasis on pleasure versus pain, and raises the importance
of the material side of life without giving importance to spiritual and other
aspects.
2. Utilitarians say that human beings always think about happiness and judge
every action on the basis of utility. It is not correct to say that every man
weighs pleasure and pain, and that every act of his is motivated by that
consideration. There are other so many aspects like love, sympathy, patriotism
etc which also govern human actions.
 3. Critics say that utilitarianism does not go very far in leading mankind, and it is
philosophically poor. It provides no ideals whatsoever towards which human
beings can turn their eyes, but merely aims at material happiness.
4. This philosophy totally one aspect of human nature that is, every person’s
views are different. Pleasure and Pain are relative concept. So it is incorrect to
speak about universalistic pleasure and the greatest happiness of the greatest
number.
5. Calculation of pleasure and pain is not practically possible.
6. Utilitarian philosophy regards happiness as synonymous with pleasure. This is
indeed a serious mistake, as happiness has a wider and deeper connotation.
Luxuries may yield pleasure, but not true happiness. An individual feels happy
when his country becomes independent, but derives pleasure when he
consumes Pizza or watches a drama.
7. Utilitarian philosophy has ignored the true study of human psychology. All
individuals do not think or react alike. All do not think in terms of pleasure and
pain. There are many other considerations in the human mind apart from
hedonistic joys or depressing pains. This ideology side tracks this very human
nature.

IDEALISM
Idealist Theory of the State

Introduction and Meaning:

Idealism is said to be a metaphysical theory. It assumes that the spiritual or ideal is the
supreme reality and either denies the existence of the world of matter or relegates it to
a place of minor importance. Secondly, idealism is a collectivist philosophy exalting
church, state and society above the individual and stressing the importance of duties
and obligations rather than rights. Idealism lays emphasis on great principles and
abstract perfection. The Random House Dictionary of English Language says that
idealism means,

1) The cherishing or pursuit of high or noble principles, purposes, goals etc.;

2) The practice of idealizing;
3) Something idealized an ideal representation.
Evolution of Idealism
Basic Principles of Idealism
Idealists define and describe the state according to its ideal nature. Their conclusions
are not drawn with reference to the actual behaviour of men in the state. The theory of
idealism, which is the result of pure thought and which is based on a priori
assumptions has the following basic principles:

1. The state has its own identity:-This ideology believes that the State had an
identity of its own. It is a whole and the individual is a part of this whole. It has
something more rather above the individual. The individual, being a part
cannot exist without the whole. The state as a moral institution is more or less
identical with society. Man develops his potentialities only as a member of the
state.
2. State as Personality with Soul:- The state has a personality and a soul. The
consciousness of its members is its soul. The development of the human
personality can take place only through the state.
3. Individual has to Obey the State:- Ethically there is no clash between the end
of the individual and the end of the state. In fact, both are identical, because
both aim at the perfection of the human personality. The individual should
implicitly obey the State for his own good.
4. State is individual friendly:- The state helps the individual to grow to his full
stature, and it is indispensable to him. The communists believe that state is an
instrument of exploitation while the anarchists treat it as an unmixed evil,
which should be scrapped. But this philosophy looks down upon the state as
man’s friend and ally.
5. Will of State is above the Individual’s Will- Idealism believes that the state
has its own personality and a will of its own. This will of State is superior to
the individual’s will. The personality and will of the state rise above or surpass
the personalities and wills of the citizens.
6. Coercion is not the Basis of State:- The state uses coercive power on all
individuals and associations. But it should be remembered that they obey the
state not merely because of the fear of force, but because they are aware that
obeying the state wilfully is for their own good as well as for the good of
society. [Link], a moderate idealist, says that will and not force is the basis
of state.
7. Real Freedom in State:- Every individual can enjoy his real freedom can be
enjoyed only in state. “This freedom, which became possible only in society, is
an externalization or objectification of all that is highest in the conception of
freedom in ‘the individual’s heart, a conception which bat for society would
remain unrealised.”
 8. State Means to an End:- Moderate idealists say that the state is a means to an
end in itself; it helps the individual to release his potentialities fully. Other than
Hegel all idealist philosophers believe that State is a means to an end.

Prominent German Idealists

A. Immanuel Kant (1724-1804)

Immanuel Kant, who was the son of a poor saddler, rose to great heights of
scholarship and eminence, and came to be regarded as the father of idealist
philosophy. He marked the end of the older age in philosophy and a transition to a
distinctively modern thought. He made a great mark in the field of political idealism
by laying stress on ethics.

Kant’s Writings:

1. The Critique of pure reason (1781)

2. The critic of practical Reason (1788)
3. Perpetual Peace (1795)
4. The Principles of Political Rights (1795)
5. First Metaphysical principles of the Theory of Law (1796)

Main Principles of Kant’s Thought:

The following are the main principles of Kant are thought:

1) Social Contract- A rise to Government and not the State

2) Belief in Individualism and Respect for Personality.
3) Individual Freedom Subordinate to Social Good
4) Hindering Hindrances
5) No Unlimited Power assigned to State
6) Limited Private Property
7) Rendering Duty considering Conscience
8) Reforming aspect in Punishment is not considered
9) Against Violence
10)Against War
Evolution of Kantian Idealism

We may briefly evaluate the idealism of Kant, who occupies a place among the
greatest philosophers. Kant can be ranked as one of the most important political
philosophers of the idealist school of thought.

Merits: Kant’s idealism did distinct service in the realm of thought in the following
respects:

1. Kant does not give unrestricted or unending power to the state; to him the
mere idea of social contract binds the Government and the people.
2. He lays great emphasis on morals. In fact the entire approach of Kant is
ethical
3. Kant favours individualism, which is the core of his philosophy. Though he
favours individualism he has not given undue importance to the individual.
4. He is against war, and wants good relations among states.

Defects: Kant’s philosophy has the following drawbacks:

1. Kant’s ideas , which are very vague and abstract , are not based on empiricism.
2. Kant is seems to be confused when the question of making law for the people
comes. On one hand he considers people to be the legislatures and on the other
hand he treats rulers to be the law maker who is above the effective control of
laws.
3. Kant’s views about Moral freedom cannot be easily understood. Perhaps, Kant
did not have an absolutely clear image about it.
4. It is said that there is little in Kant that is original , and some would confer the
title of the Father of Modern Philosophy not on Kant but on Hegel.

A) Thomas Hill Green – Prominent British Idealist

T.H. Green was not only interested in giving the principles of his philosophy, but also
in participating in practical English Politics. In 1878 , he was appointed Professor of
Moral Philosophy at Oxford, and taught history, philosophy of history, ethics, logic,
metaphysics and education. Green came to be acknowledged as one of the leading
philosophers of the 19th Century. He was strongly influenced by Plato, Aristotle,
Rousseau, Kant and Hegel. At Oxford he came under the influence of Benjamin
Jowett.

Green’s idealism, unlike that of Hegel, is of the moderate type. The English people,
who loved liberty and rule of law, were not prepared to accept the Hegelian type of
idealism which defied the state and made it absolute. Green gave a liberal
interpretation to the idealism of different thinkers including Hegel and made it
acceptable and palatable to the British genius and temperament. This task of Green
was truly commendable.

Green was highly influenced by Greek political philosophy , Kant, Rousseau, writings
of Burke and Colerdge and by the Non-Conformists.

Major Writings

1. Prolegomena to Ethics

2. Lectures on the principles of political obligation.

Merits of Idealism

We may briefly refer to the merits of idealism.

1. Idealists established a close connection between politics and ethics. They

consider the state as an ethical institution. Raymond G. Gettell calls the theory
as idealist-ethical theory.
2. Idealists looked for high goals. It is always good for a society to set big goals.
Though they could not be achieved easily, it is good to have ideals or directions
where the individual and society should move.
3. Idealists give a high place to mind and will. They believe morals and ethics.
4. Idealists give importance to the state. They subordinate the individual to the
authority of the state.

Drawbacks of Idealism

The following are drawbacks of idealism:

1) The extreme Idealists do not distinguish the state from society.

2) Extreme idealism may prove to be dangerous, as it makes the state a super-
personality transcending the personality of its members. Such a state becomes
omnipotent and infallible. C.E.M. Joad strongly criticizes the idealist theory as
absolutist theory.
3) Extreme idealism harms the individual by destroying his liberty and
suppresssing his personality. Hegelian idealism strengthens the hands of
power-drunk dictators or tyrants.
4) Idealism doesn’t support the growth of in-tune relationship of States and
development of international law. For Extreme idealists state is above
international law.
 UNIT – IV

1. What is Power? Discuss the various aspects; Sources and kinds of

Power?
a) Meaning:
Power means strength of body or mind in general sense. In political sense, Power
means the Power of man over the minds and actions of other men.

Politics is inseparable from Power. Now-a-days there is a shift in the meaning of

Politics from the study of State and Government, to the study of ‘Power’. Today, the
study of power is concerned with how power is obtained, exercised and controlled.
Power is often used to mean control, influence, authority, force, might persuasion,
coercion and domination. So it is difficult to explain what power precisely means.

As Curtis says “Politics is organised dispute about power and its use, involving choice
among competing values, ideas, persons, interests and demands.

Definition:-
According to Samuel Beer, “One person exercises power over another when he
intentionally acts in such a manner as to affect in a predictable way of actions of
others”

b) Nature of power:
1. Power plays an important role in politics. The study of politics is concerned
with the description and analysis of the manner in which power is obtained,
exercised and controlled and the purpose for which it is used.
2. Power establishes a kind of relationship. It is different from time to time from
person to person and from circumstances to circumstances. Parent may exercise
power on his/her children. An officer may exercise power on his subordinates.
The same subordinates refuse to obey the instructions of their officer on his
retirement. That means he loses his power and authority on his retirement. So,
the use of power differs depending on the situations, circumstances and
position.
3. Power is situational. It depends on situations, circumstances and position.
Power also depends on its use. The President of India has powers but he does
not use them, as he is merely a constitutional head. The President of USA has
vast powers and he actually uses them.
4. Power must be backed by sanction. In a relational situation, political power
signifies the capacity to affect the behaviour of others by the threat of some
form of sanction. Increase in political power can be measured by the quantity
of sanctions used. The sanctions are usually a package of rewards and
penalties.
5. Karl Dentsch opined “Power cannot accomplish more than a succession of
random impacts on the environment unless there is some relatively fixed goal
or purpose. The guidance is indispensable for the sustained effectiveness of any
 system that applies power to its environment and any such system must receive
this guidance from its memories, its past decision, its will or somewhat more
generally from its character”.
The other characteristic of power is that it is not absolute but relative only. If a person
has power, it is necessary that there should be someone who is ready to accept it as
well. So power depends upon time. Power –relation changes with changing
circumstances.

c) Sources of Power:

1. Knowledge: It helps us to move from darkness to light. It helps us in learning,

investigating, thinking and development of mind and soul. The capacity to
work as a leader needs knowledge. So knowledge is a most important source of
power.

2. Organisation: Another source of power is organisation. It is a great power in

itself. Meaning of organisation is a group of people joining together to achieve
a common purpose or goal. When people work together, their power and
strength increases. Likewise when a person enjoys the support of the leader of
an organisation, his power increases. Political parties are organised to capture
power and exercise the same.

3. Status of an Individual: Another important source of power is the status of an

individual. Economic status helps a person to attain power. Dahl rightly says
that an individual with better resources will capture more power than others. A
rich man can put pressure even on the highest officials and ministers and get
things done in his own way.

4. Skill: A person with skill means it s his skill which makes him to attain power.
A tactful person can get more power than others.

5. Faith or Belief: Use of power depends upon Faith or Belief. Then only people
will accept the power of others. Power cannot be used on repression or brute
force. It is necessary to win over the faith of the people also. A government
enjoying public faith is more powerful than others.

6. Authority: It means legitimate power i.e., lawful. A person must have

legitimate power so that people will recognise and accept such power. When a
person occupies a political or legal post legitimately, his power automatically
increases. Authority makes the power more effective. When a person becomes
a minister and gets the authority of a minister he become more powerful than
others.

7. Mass media: Like Newspapers, Radio and Television also exercise Power. The
owners and Editors of Newspapers can easily influence others and will be more
powerful.
 8. Personality: A leader who possesses a charismatic personality is more
powerful than others. It may be due to his wisdom, courage, ability or capacity
to take quick and proper decision.

d) Kinds of power:

Legitimate or Illegitimate power:

Legitimate power is that which is used according to the laws, constitution or accepted
traditions of the people. It may be constitutional, traditional or charismatic.
Constitutional power is derived from the constitution of the country. Traditional
power is based on customs and traditions of a country. Charismatic power is based on
the personal qualities of an individual.

Illegitimate power is that which is exercised not according to laws, constitution or the
accepted traditions or customs of the people. It is based on force.

Legitimate power can be acquired by peace. The people obey legitimate power and
revolt against illegitimate power.

Direct or Indirect Power:

When a person himself uses his power it is called Direct power, when he gets it used
by others or by subordinates it is called Indirect power. If a person sells his house
directly to another person it means he used his power directly. Suppose if he
authorises other persons by way of general power of attorney to sell his house, it
means he used his power indirectly.

Political power and Military power:

Political power includes military power. In a Democratic country power is gained
through elections. Though military power is more powerful it plays a subordinate role
as compared to political power. Military power can be estimated by its strength of
army, its armament its tact and skilfulness etc. The primary function of military power
is to protect the boundaries of the State and to defend the political aggression. Political
power includes military power, power of purse, welfare of people, votes, public
opinion etc. Military power is controlled by President of India on the advice of the
Prime Minister.

Manifest and Latent power:

Power which is exercised openly or explicitly is called manifest power. The police and
army are examples of manifest power. The power which cannot be exercised openly
or clearly is called latent power, such as power of the people, pressure groups, press
etc.
Centralized and De-centralized power:
When power is centralized at one place it is called centralized power When it is
divided at different places it is called decentralized power. In a federation power is
decentralized. It is centralized in a unitary government.

Unilateral or Bilateral power:

When a person uses his power over others who do not have any power in him, it is
called unilateral power. Example: Hypnotist, Magician etc. When both sides use
power on each other, it is called ‘Bilateral power’. In these transactions, one person
offers money, and the other property, which have equal economic considerations.

--------------------------------

2. What is Authority? Distinguish between Power and Authority?

Meaning:
Authority means the institutionalized exercise of legitimate power. The word
‘authority’ is derived from the old Roman notion of “Auctor” or “Auctoritors” which
generally meant counsel or advice. It was the Roman custom to get the Senate (Upper
House) made up of “Men of reason” and “Elders with experience to approve or reject
the decision of the popular Assembly (Lower House).
Authority regulates behaviour, mainly by speech and words, not force. Authority is
inevitable in any society. Men are “rule following animals”. They talk and regulate
their own behaviour and that of others by speech and framing rules. Authority is
always legitimate and backed by law and common consent. All kinds of authority
require administrative staff, characterised by efficiency and continuity. Power
legitimised is authority. The person wielding authority possesses superior knowledge.
Parents have authority over their children. Teachers have authority over their students.
Doctors have authority over their patients.

Definition of Authority:
According to MacIver, “Authority is often defined as being power, the power to
command obedience.”

Characteristics of Authority:
There are certain characteristics of the concept of authority:
1. Legitimacy:
The most important characteristic of authority is legitimacy. It is legitimacy which
determines the effectiveness of authority. Legitimacy is very essential for authority.
The rules framed by a superior officer must be obeyed by his subordinates if his
authority springs from proper legitimacy. So legitimacy is the foundation of authority.
2. Dominance:
Authority is the capacity of the individual to command others. An individual or group,
which possesses authority, exercises dominance over others. It implies that superior
has the right to receive obedience. Dominance is an important characteristic of
authority.
 3. Informal:
Authority is informal. It lacks those characteristics, which are the main characteristics
of power. Frederick writes, “Authority is not a power, but something that accompanies
power.”
4. Reason:
The basis of authority is reason or in other words we accept authority because it is
based on logic. Frederick writes, “The man who has authority possesses something
that is described as the capacity for reasoned elaboration, for giving convincing
reasons for what he does or proposes to have other to do”.
5. Responsibility or accountability:
The individual or the group, which possesses authority, is also answerable to some
higher authority. If authority does any mistakes in framing rules, the judiciary
interprets such rules and can quash the improper rules. In a Democracy, the
government is answerable to popular sovereign, means people. The general public can
show their disobedience and dislike towards unjust laws.

Kinds of Authority:
Max Weber identified three types of authority.
i. Charismatic authority
ii. Traditional authority
iii. Legal authority

i. Charismatic authority:
Refers to a rule over men to which the governed persons submit because of their belief
in the extraordinary quality of a specific person (the ruler). “The legitimacy of
Charismatic rule rests upon the belief in magical powers, revelations and Hero
worship”.
Example: Hitler of Germany, Jawaharlal Nehru of India, etc.

ii. Traditional Authority:

It refers to the kind of domination that rests upon traditionalism. As Weber pointed
out, patriarchalism is by far the most important type of domination, the legitimacy of
which rests upon tradition. When the right to rule is accrued from a continuous use of
political power based on custom and traditions, it is called traditional authority.
Example: Queen of England, King of Saudi Arabia, Pope of Vatican city etc.

iii. Legal Authority:

In legal authority the legitimacy of the power-holder to issue commands rests upon
rules that are rationally established by enactment, by agreement or by imposition.
According to Weber, “Submission under legal authority is based upon an impersonal
bond to the generally defined and functional ‘duty of office”.
Power and Authority:
In politics, use of power is essential for the implementation of any decision. But the
role of power proves to be most effective only when it does not remain merely the
means of coercion but when it takes the shape of authority by associating itself with
legitimacy. The study of power and authority occupies significant pace in political
organisation. These words are important in modern politics.
Power and Authority are so intimately connected that often both are considered to be
one and the same. But, in fact both are different and that difference between them is
quiet evident, which can be minutely analysed:
1. Power is competent enough to work independently despite the opposition by
groups, persons and circumstances, but as far as authority is concerned, it is the
competence to issue order.
2. Power is the essence of politics, whereas legitimacy is the basis of authority.
3. Coercion is the illegitimate exercise of power while the authority is the
legitimate exercise of power.
4. Power is the brutal exercise of force, whereas the authority is the institutional
exercise of power.
5. Power is persuasive, but authority is imperative.
6. Power is the political polarisation of the interests or desires of the people, while
authority is rooted in the rules and regulations of the government.
7. Power is a means and authority is a medium for the exercise of power. Power
of an individual can be increased by authority
8. Power is inherent in authority, but when the coercion is resorted to it does not
remain authority but power remain in existence even after taking the support of
coercion..
9. Authority is obeyed on the basis of acceptance of subordinates, but power is
followed due to fear and helplessness.
10. Power and authority both are independent. Seniors possess authority but in
subordinates real power is vested.
11. The form of power is indefinite but of authority is definite.
12. Authority is in legal manner but it is not essential for power to be legal.
13. Power is considered to be a tool for oppression and coercion but authority is
based on consent. It may be present even in the absence of power.
14. Because of being based on law, authority has compulsion, but in power there is
no compulsion. Authority cannot be unauthorised, but power can be
unauthorised.

Despite of the above mentioned distinctions between power and authority in

political organisations, both have existence and proper balance between the two is
the eternal problem of politics which can possibly be solved only by leadership. In
political system and organisations, it is essential to combine power and authority
and both are closely inter-related. The utility of both is inevitable, and is essential
for running the political systems, organisation and government.
 UNIT - V

2. The Problem of punishment

Meaning:
The word ‘punishment’ literally means torture that person should undergo on account
of doing a wrong. It is the infliction of pain or loss of life, freedom, right or property,
deliberately imposed on an individual without his consent and against his will.

b) Kinds of punishment:
The punishments, to which offenders are liable under the Provisions of the Indian
Penal Code 1860, are-
i. Death
ii. Imprisonment for life
iii. Penal servitude committed by Act XVII of 1949.
iv. Imprisonment, which is of two descriptions
a) Rigorous, that is with hard labour
b) Simple
v. Forfeiture of property
vi. Fine

i. Death:
Death punishment is awarded for murder in rarest of rare cases. It may be awarded as
punishment for the following offences:-
a) Waging war against the Government of India (s.121)
b) Abetting mutiny actually committed (s.132)
c) Giving or fabricating false evidence upon which an innocent person suffers
death (s.194)
d) Murder (s.302)
e) Abetment of suicide of a minor, or an insane or intoxicated person (s.305)
f) Dacoity accompanied with murder (s.396)
g) Attempt to murder by a person under sentence of imprisonment of life, if hurt
is caused (s.307)

ii. Imprisonment for life:

It is now substituted for transportation. “Imprisonment for life” in the Code means,
“rigorous punishment for life” and not ‘simple imprisonment for life”.

iii. Imprisonment –Imprisonment is of two kinds:

a) rigorous and
b) simple
In the case of rigorous imprisonment the offender is put to hard labour such as
grinding corn, digging earth, drawing water, cutting fire-wood, bowing wool, etc. In
the case of simple imprisonment the offender is confined to jail and is not put to any
kind of work.
The maximum imprisonment that can be awarded for an offence is fourteen years
(S.57). The lowest term actually named for a given offence is twenty-four hours
(S.510), but the minimum is unlimited.

iv. Forfeiture:
The punishment of absolute forfeiture of all property of offender is now abolished.
Sections 61 and 62 of the Indian Penal Code dealing with such forfeiture are repealed
by Act XVI of 1932. There are, however, three offences in which the offender is
liable to forfeiture of specific property. They are sections 126,127 and 169 of the
Code.

v. Fine:
Fine is only punishment in the following cases:-
a) A person in charge of a merchant vessel, negligently allowing a deserter from
the Army or Navy or Air Force to obtain concealment n such vessel, is liable to
fine not exceeding Rs. 500 (S.137)
b) The owner or occupier of land on which a riot is committed or an unlawful
assembly, is punishable with a fine not exceeding Rs 1,000 (s.154)
c) The person for whose benefit a riot has been committed not having duly
endeavoured to prevent it (s.255)
d) The agent or manager of such person under like circumstances (s.156)
e) False statements in connection with an election (s.171-G)
f) Illegal payments in connection with an election (s.171-H)
g) Failure to keep election accounts (s.171-I)
h) Voluntarily vitiating the atmosphere so as to render it noxious to the public
health, is punishable with a fine up to Rs. 500 (s.278)
i) Obstructing a public way or line of navigation, is punishable with a fine not
exceeding Rs. 200 (s.283)
j) Committing of a public nuisance not otherwise punishable, is punishable with
a fine not exceeding Rs. 200 (s.290)
k) Publication of a proposal regarding a lottery, is punishable with a fine not
exceeding Rs.1,000 (s.294-A).
Theories of punishment:
Imposing punishment upon the wrong doer was recognized from the time
immemorial. In olden days severe punishments were imposed for smaller offences. As
the civilization developed, the attitude towards the imposition of punishment has been
changed. Appropriate punishments are suggested for the appropriated offences.
Gandhiji said, ”Hate sin, but not the sinner”. Like this, other philosophers showed
mercy upon the criminals, and started analysing the socio-economic circumstances
behind the incidence of offence. There are different views expressed by criminologist,
penologist, political philosophers, etc. Their views are classified into important
theories. They are:
i. Deterrent theory
ii. Preventive theory
iii. Retributive theory
iv. Reformative theory

i. Deterrent theory:
This theory tells us that the punishment given to a wrong-doer must be as hard as
possible so that it may set an example and thereby possible to commit the same in
time to come. That is, it not only punishes a particular person, it also directs
punishment against other possible criminals. The deterrent theory creates some kind of
fear in the mind of others by providing adequate penalty and exemplary punishment to
offenders which keeps them away from criminality. Thus rigorous punishment is a
sufficient warning to the criminal and also to others.

The purpose of punishment is to secure a deterrent effect on the potential criminals.

The deterrent theory is logical because more hardened criminals get more severe
punishment. The general deterrence principle in economic terms is “Pay the price of
the a crime.” The hedonistic assumption is that the people regulate their behaviour by
calculating pleasure and pain. The potential offender evaluates all possibilities and
adopts that activity which maximises his utility

ii. Preventive Theory:

This theory is based upon “Prevention is better than cure”. It suggests that
prisonisation is the best mode of crime prevention as it seeks to eliminate the
offenders from the society thus disabling them from repeating crime.

This theory aims to prevent repetition of the offence by the offender by such penalties
as imprisonment, death and exile. The principle of this theory is “not to avenge crime
but to prevent it”.

The proper end of punishment is the prevention of crimes. This theory does not
recognise the proportion between the crime committed and the punishment imposed.
This is repugnant to the sense of justice. No justification is morally acceptable, if it
justifies injustice. Preventive justice is based on hedonistic approach, which is devoid
of ethical values.
The object of punishment is to prevent the offences. The offences can be prevented
when the offender and his notorious activities are checked. The check is possible by
the disablement. Imprisonment for specific offence serves this purpose. There is no
broad difference between Deterrent theory and Preventive theory. Both theories are
the two aspects of the same thing.

iii. Retributive Theory:

According to this theory a wrong doer must be punished because he has done a wrong.
It is based on the old saying. ‘An eye for an eye and a tooth for a tooth’. So it imbibes
the element of revenge or retaliation with this difference that while the action of an
individual can be taken as revengeful, it cannot be so in case of the state. The guilty
should get punishment as a matter of his right in such a situation “of which he must
not be defrauded.”

“Retributive” means “to give back” or “pay back”. This theory treats punishment as an
end in itself. It is based on retributive justice which suggests the evil should be
returned for evil without any regard to consequences. The pain to be inflicted on the
offender by way of punishment was to outweigh the pleasure derived by him from the
crime.

This theory believes in the principle of ‘pain for pain’ and it is based on ‘tit for tat’.
Punishment must always be imposed on the offender for the primary reason that he
has committed crime. The law of punishment is a categorical imperative.

For, just as it is morally permissible for any individual to use force to defend himself,
so too, society is surely at liberty morally to act in its own defence.
Oppenheim said”Retaliation fulfils a religious mission of punishing the offender. It re-
establishes the social harmony affected by the offence and the offender’s guilt is
washed away through suffering.”

Immanuel Kant said “Judicial punishment can never be used merely as means to
promote some other good for the criminal himself or for the civil society, but instead it
must, in all cases, be imposed on him only on the ground that he has committed a
crime.

The supporters of this theory claim that the penal laws should be designed to ensure
that the offenders must suffer the same amount of pain as suffered by their victims.

iv. Reformative theory:

According to this theory criminal is like a patient and he needs proper cure instead of
killing a patient. Efforts should be made to cure his disease. So the criminal should be
punished in a way that his character is reformed and he becomes a good member of
the community. Gandhiji also laid emphasis on this kind of punishment. The purpose
of punishment should be to enlighten the soul of the criminal in a way that after
completing the term of sentence he engages himself in an act of social service.
Gandhiji said, “Hate the sin, and not the sinner”. Reformative theory is based upon
this principle. It aims to convert an offender into a civilized man. The motives behind
the offences, and other backgrounds of the offenders should be clearly examined and
there should be a way so that the offender’s mental environment may be changed.

The object of punishment is to reform the offender by means of divine education.

Punishment should be adjusted to the criminal and not to the crime. No criminal
should be punished with death or corporal inflictions. Criminologists believe that
crime is a disease, judge is a doctor and te punishment is a drug. Thus, the
punishment should be cure the criminal and make him a healthy citizen.