CHAPTER THREE

SOCIETY, STATE AND

GOVERNMENTS
 UNIT INTRODUCTION

 This unit deals with Society, State and Government. Basically it

is composed of four sections where by
 the first section introduces the concept of societies, state and
government.
 The second section takes up the def’n of state-theories on the
origin of the state, essential elements and structures of the
state
 The third Topics related to government definition and organs of
gov.t, its forms and functions, its differences with the states,
and the survey of Ethiopian state and gov.t will be discussed.
 OBJECTIVES

 Dear learners, after successful completion of the units, lessons, you

will be able to,

 Distinguish society from the state

 Briefly discuss on the historical overview of society

 Understand the concept of state

 Identify and explain essential elements and origin of state

 Distinguish b/n structure of state and Differentiate gov.t from state,

 Describe the functions and forms of gov.t and,

 Explain the historical survey of state and gov.t in Ethiopian context

 3. 1. UNDERSTANDING SOCIETY

 Different scholars define society differently but the central

meaning of the concept remains the same. For example, some
says that;
 Society- is an autonomous group of people engaging in a wide
range of co-operative activities. Others define;
 Society-is as a group of people where there are all aspects of
social relations.
 In short; Society is an organized group of individuals, living
together on a given territory, Here, when this is explained, the
requirement to be called a society fulfill the following elements;
 Cont…

 They should live together for a long period of time,

 They should possess common values and interests,

 They should share common culture, traditions, and life

style.

 Society involves different groups of people sharing common

values and making interactions with various regards.

 Such as family, school, different politics, economics and

social organizations, and the state along with its gov.t.

 Cont…

A large number of communities that have social,

cultural, and economics, interactions constitute a
society.
NB. Therefore, society is a large group of people who
live together in a common environment and have
common traditions, values, institutions, activities, and
interests.
Society-is the totality of mode of human life,
interactions, norms of behavior, and …etc.
 3. 2. UNDERSTANDING STATE
 The state is a political association or entity that establishes

sovereign jurisdiction within a defined territorial borders and

exercise authority through a set of institutions overall the
members of society.
 it has a technical expression implying a human association having

four essential elements population, territory, government,&

Sovereignty
 State-is refers to politically organized and has a gov.t and people.

 State- is the highest and most powerful political organization of a

State- is possessed monopoly of powerful use within its
territory and final sources of all laws.
 State-is sovereign has legitimacy to exercise power

internally;
 State-is has sovereignty internal r/ns with its people;

expected permanently reside.

 State- it has sovereignty external relations with other states;

 The agency that is entitled to always exercise the power on

the behalf of the state is called government sovereignty.

 [Link] between society and state
state can never exist without society

state is located in a society

when society is politically organized, it forms the

state.
state is the fundamental and influential unit of
society
 The principal distinction between state and society;

In terms of time; society is prior to the state and

state; is recent phenomena;
state is a part of the society in which relation is
one; but society have a diverse forms of social
relations;
for example religious, cultural, economics,
directions;
3. 4. THEORIES ON THE ORIGIN OF THE STATE

various theories presupposed different factors, that causes the state

formation.

A. The Divine Right Theory

this theory claims that the state and ruler are the will of

God/Divinity/ or Allah.

 The will of God some humans born to rule while others born to be

ruled.

 Accordingly states with its institutions and rulers created by God to

fulfill his will, so The super natural entity created the state.
B. Social contract/ Agreement:

This theory was based in large on the notion that

the authority of the ruler is based on some kind of

agreement between ruler and his subjects.

 In other words that state is an artificial creation

based on the contract or an agreement among

the people.
 cont

 Being in 16th, 17th and 18th the sources for

establishment of state is /was/ consent/will/ of the

people to protect and safe guard the inalienable rights

of people, such as the right to life, liberty and property.

 Three of the best known and most influential social

contract theorists were Thomas Hobbes, John Locke and

Jean – Jacques Rousseau.

 C. The Natural Theory of State’s Origin

 According to Anifowose (1999:97), “the natural theory sees the

State as coming into being as the result of natural evolution”.

 For this view, the beginning of government is the result of

various factors working through ages, such as kinship, religion,

force and political consciousness.

 it is genetic theory claims that states gradually, evolved from

earlier forms settled human communities, such as the family,

clan, and tribe. It is the oldest form of theory.

 The need for order and security is an ever present factor man

knows that he can develop the best of what he is capable only

through the State;

D .The force or conquest Theory-

according to this theory the state is the result of naked force applied

by stronger over the weaker.

 The establishment of state is done through the process of

conquest, subjugation, and coercion of the weak by the strong.

 Cont.

• The force theory, accordingly, has no respect for

the natural rights of the citizens and does not
approve of any resistance to the acts of political
authority. (See Anifowose,1999:96).
 E. The Marxist Theory

 Marxists‟ writings of how the State emerged maintain that

the State is not a creation for the interest of all, but it

originated in conflict situation and operates as a form of
instrument of domination.
 Karl-Marx-viewed state as an agency of class warfare by

which capitalist classes control the working classes.

 Marx maintained that the forces of production in any given

society constitute the basis of all social relationships while

the State rests (or is founded) upon economic conditions.
 [Link] ELEMENTS OF STATE

it has implying a human association having four essential elements; –

1. Population-refers to people permanently settling in a definite

territory of the state, and share similar traditions, customs, life
style…etc

2. Territory-referring to an area or a certain portion of earth’s

surface, which is interll’y demarcated and on which people of a state

3. Government- It is responsible to maintain law and order and

administrative machine of the state.

4. Sovereignty-is authority of state in both its internal and external

affairs.
 3. 6. FORMS OF STATE STRUCTURES
The classification about the forms of state is related with structure and

distribution of state power.

 In history, commonly practiced forms of state are unitary, federal and

Confederations forms of state arrangements.

A .The Unitary State Structure

 The nature of political power is highly centralized at the center up on

the national gov.t.

 National gov.t is the central unit up on which constitutionally all

political power is centralized to carry out all administrative affairs on

 Advantages of unitary state structure
 Unity of the state becomes strong

 Uniformity of decisions, political activities and services

 Equal access to public services and resources for all units

 The organization is relatively simple

 Conflict of jurisdiction is avoided

 Uniformity of law, policy and administration can be maintained

through out the whole state.

 It is advantageous to a country with relatively small area and

homogenous population.
 Disadvantages of the unitary state
 Effective administration may be difficult;

 Does.t encourages participation at grass root levels;

 Not effective in managing economic and cultural diversities;

 Inter-regional competition may not be encouraged;

 It restrains the self-governance and self –determination of sub national bodies

/units.

 It facilitates the development of central bureaucracy.

 it is relatively less responsible to local needs & interests.

 Overburdens the national legislature with numerous local matters.

 Cont.

 Due to centralization of power at the center

there may be misuse of power; etc…
 some countries follow the unitary state
structure are; example, Great Britain, Japan,
Spain, Romania, Poland, Netherlands,
Belgium, Scandinavian countries and Ethiopia
also had a unitary state structure until1991.
B. The Federal state structure
is the form of state where by power is formally (constitutionally)
divided between the federal /National/ central government and
Regional government.
 and both the center and regions have certain independent spheres

of authority to make decisions independently of each other.

 This is guaranteed that one level of gov.t will not intervene in to

the exclusive power and authority of the others.

 The federal constitution has supremacy up on all regional

constitutions.
 In federal state, the legislative authority is divided b/n a central or

federal government and regional government.

 It is a direct opposite of unitary government. It provides for an actual

division of powers between two or more nearly independent

governments each of which exercises control within its scope of

authority, over the same people.

 The federal type of constitution has been adopted and is adopted by a

number of nations in Africa, Asia and Latin America as a response to

their often widely diversified linguistic, territorial and political

traditions. For example Ethiopia, Nigeria, India, Brazil, USA, Canada,

Australia, Germany etc.

The ff is some of sets of powers in a federal arrangement of
state.
 Exclusive power- is power granted constitutionally either to the

federal or regional gov.t.

 Concurrent power- is power granted to both gov.t to be exercised in

cooperatively.
 Residual power- powers out of jurisdiction of federal gov.t which are

not explicitly stated in a const’lly granted to the regional gov.t.

Reserved power- is power reserved to the time being but to be

utilized only when the demand arise on the part of the federal gov.t.
Essential /principal features of federal form of state
A. The existence Dual Polities: two relatively autonomous levels of

Government i.e. Both the federal government and regional state.

B. Written constitution: A state has a written constitution.

C. Supremacy of federal Government and Constitution:

D. Equal Power shared by the Federal Authority and Federal Units

(Decentralized Federalism).

E. Absence of amending the constitution or some of its provisions by federal

government unilaterally

F. Linking institutions: In order to foster or develop cooperation, partnership

and understandings between the federal and regional governments

 Advantages of federal state
 Its ability to manage diversity; it is very much applicable to multi-

ethnic societies as a means of compromising their interests.

 Reflects the interest of the people in the local areas b/c they are

authorized to make decision for themselves.

 check central authorities and prevent undue action contrary to

the will of minorities.

 It enables to manage large territory and population.

 Healthy competition among regional units helps to reinforce

development and Eases the burden from the center

 Disadvantages of federal form of state

 There is a possibility of conflict of jurisdiction b/n the federal

and regional gov.t b/c of duplication of power b/n the two

levels
 It is costly for the reason that it requires ample economic

resources to run double set of governments

 It requires educated man power

 It creates a weak gov.t by dividing internal sovereignty

 It may cause lack of uniformity in decision making since

authority is divided decision making since authority is

 C. Confederation state structure

 Confederations are voluntary associations of independent

states.
 It is an association of states, which rests upon the common

agreement of its members expressed in an elaborate document.

 Confederations are formed for common advantage without

affecting internal freedom, structure, lawmaking and enforcing

process, external relations of the state confederating.
 The objectives behind establishment such associations of state

are- as economic, political, military.

 The modern arrangements are established for Example

around common defense (NATO) Northern Atlantic Treaty ,

 Economic alliance (Common Market of East and Southern

Africa - COMESA, European Economic Community EEC,

 Economic community of Western African States – ECOWAS

 USA, Britain and the like states also form confederal

association for multifaceted purposes at regional, continental

and international levels where they can achieve their common
benefits without affecting their internal freedom, law making
and enforcing process and their external relations.
 3.7 Understanding Government

some prominent definitions of government.

 government is the most essential component

and administrative wing of the state.

 government is a group of people with in the state who have the

ultimate authority to act on behalf of the state

 The institutional processes through which collective and usually

binding laws and decisions are made through its various branches

oforgans
 3. 7.1 ORGANS OF GOVERNMENT

 the government is composed of three major organs or distinct

branches. These are:

3.7.1.1legislative body,

• The legislative body is responsible for the formulation of laws &

decisions and other documents.

 Principal Functions of Legislative

A. Statue making. Every legislative has the power to make statues

B. Representation: Parliaments play an important representative

role in providing a link between government and the people.

 Cont.

C. has the power to be examine body, to check and balance the

executive body and to deliver accountable government.

D. Constitutional making/ Amending: The legislative body of the

government can play or have the function of amending constitution.

E. Financial functions:, to determine the nature and amount of taxes

and appropriations. also plays the role approval presented by, for

example each ministry.

F. Investigative functions: plays this role by establishing “commission

of inquiry” to investigate to any information and evidences.

 Cont…
 Most modern legislatives are representatives composed of
many members who are chosen directly or indirectly by
popular vote and considered more democratic in practice.
 The legislative organs of the government is named
differently by different states.
 Example, Congress in USA, in Ethiopia parliament at
present, and it was used before to be called ‘Shengo’ in
Ethiopia, Duma in Russia, Assembly in France, Diet in Japan,
[Link] Executive body-is a branch of government responsible for
the implementation of the laws, rules, policies, and decisions made
by the legislature.
 It is the administrative and huge organ of gov.t including most

governmental positions such of the president, prime minister,

ministers, others like that of civil servants.
 b/c most governmental activities are to be performed here,

 Executive is large and relatively powerful branch of gov.t, it

disperse funds, manages programs and policies and provide

services.
 principal powers and functions of the executive body

A. Enforcement functions. The core/the chief function of executive body is

to enforce (implement) all laws

B. Formulation and execution of administrative [Link] has sub legislation

powers.

C. Control of Military forces. it has the power to determine how and where

troops, the military, warplanes and ships may be used in period of

conflict.

D. Control of foreign relations

[Link] Judiciary body - a branch of government to decide legal disputes.
 The primary chief function of a judiciary body is to undertake adjudication

/interpreting laws/.

 Major functions of Judiciary body

A. Adjudication. The courts see and examine various cases and gives decision(s) on

the cases presented.

B. Formulating case law. Eg. cassation decision.

C. Protection of individual rights. It has a great role in protecting the constitutionally

guaranteed rights of individuals mainly through the process of due process of law.
 Cont…
In the present Ethiopia courts are found in three
levels at each federal and regional states such as
the federal first instance court,
the federal higher court and

the federal Supreme Court. Also

 3.8. STATE AND GOVERNMENT

 It is a different matter that most people use the concept of

‘state’ interchangeably with terms ‘gov.t’.

 This is due mainly to lack of precise understanding about the

concepts. Here, to take up with understanding of the two

terms.

The f/f are some of the grounds for their principal differences.

A. State is a broader entity including all citizens of the country

while the gov.t is a smaller unit covering only those that are
employed to perform its functions.
B. State is bigger entity for the promotion of common ends and
the satisfaction of common needs. But gov.t is the essential
elements and agency of state through which the will of the state
is formulated.
C. The ends and purpose of the state are executed through the
instrumentality of the gov.t.
D. The state is an abstract entity, but the gov.t has its existence in
a concrete form b/c the gov.t is a practical organization through
which the of the state is formulated, expressed and realized.
E. The power of the state is primary and original, but the
authority of the gov.t is something delegated and derivative.
F. The power of the state is absolute and unrestricted by anything on

account of being a sovereign entity. Whereas the authority of gov.t is

limited by the provisions of the constitution;

G. State is regarded as permanent and independent institution, unless its

sovereignty is destroyed by the invasion of some other states; but gov.t is

changeable or dynamic; it always comes and goes; as far as one party is

changed by another new party,

 The frequent changes in gov.t cannot affect the existence of state.

H. All states across the world is made up of their four essential elements,

but [Link] are of different forms such as monarchy, aristocracy, oligarchy,

democracy dictatorship etc…

 3. 9. MAJOR FUNCTIONS OF GOVERNMENT

 There are having been debates among scholars regarding to the

functions of gov.t are to be limited or not to be limited.

 = however, there is a general agreement that the gov.t must be held

responsible for performing certain functions that are vital to a society.

 Typical of these crucial functions are-

1. Maintenance of law and order in a society- laws are made, implement

and enforce by organs of gov.t within a society, which are crucial to

regulate the day to day behaviors and interactions members of the

society, =b/c laws are assumed as binding to all members of that

society.
 Gov.t has legitimate use of forces to look the respect and

maintenance of law and order.

2. Providing protection and security for the citizens gov.t has

responsibility to protect its citizen against collective threats and
dangers of aggression.
 To ensures security of its citizens.

 Citizens depend on their gov.t for protection of their rights,

material properties, possessions and lives.

 Domestic security is protected by domestic laws, when it is

necessary, by use of force.

 The gov.t can also challenge external threats and insecurities
through diplomatic efforts, international law and the use of war
for defensive purposes.
3. Providing necessary Goods and/or services to the public.
Governments, especially in developing countries like Ethiopia,
usually participate in providing necessary goods and services to its
citizens.
 Such goods and services includes: education, health care,
development of public works, conservation of natural resources,
developing water supply, electricity, telecommunication, etc to the
public.
4. Management of Conflict (Supervision and Resolution of
Conflict)
Governments usually develop and consolidate institutions and
procedures for the management of conflict.
It is obvious that conflict is inevitable and inescapable
characterizing human beings. Therefore, building and
effectively applying the institutions for resolving and
managing conflict is an indispensable function for developing
and consolidating peace, security and stability.
 Cont.

5. Regulation the Economy ; Government plays the role of regulating

the economy like regulation of policies.

 Such as agriculture, industry, transportation, taxes, tariffs, etc.

More over, the governments usually play role on controlling the

distribution of resources in their societies.

Hence, it is the government that determines which resources are to be

publicly controlled and which are to be in private hands.

6. Protection of Political, Human, Social and Economic Rights of its

Citizens,

especially those rights protected in the constitution of state.

3.10. Forms and Systems of Government

3.10.1 Forms of Government

A. Monarchy: It is the oldest form of government in which the ruling
power invested in a single person who weak crown.
 In its widest sense, “any government in which the supreme and
final authority is in the hands of a single person is a monarchy.
There are two types of monarchy.
[Link] monarchy. the king or the queen maintain his/her
position by claim of legitimate blood decent than their appeal as
popular leaders.
2. Constitutional Monarchy. The king or the queen is ceremonial
head of the state, an indispensable figure in all great official
occasions and a symbol of national unity and authority of the state
but lacking real power eg. Britain, Japan…..
B. Dictatorship: The existence of dictatorship has its proof in the
position of a person who holds extra constitutional powers and
identifies himself with the state.
• He is the head of the state, of the government, of the party kind of
opposition to his power invites damages.
= It means absolute rule of a single person who occupies his position

occupy of force and as such is not accountable to any popular institution

C. Constitutional Government: -It is defined by the existence of a

constitution that effectively controls the exercise of political power.

The two major constitutional governments are:

1. The presidential system: It is based on the doctrine of separation of

powers, which is practiced in USA, Argentina, Brazil, Costa Rica, and

Mexico…etc.

2. Parliamentary system: - It is based on the fusion of powers (legislative

and executive), which is practiced in western European nations,

Scandinavian countries, Japan, India, Ethiopia etc.

 3.10.2 Systems of government

In the modern world, there are various systems of gov’t.

The two most systems of gov’t are:

(1). Parliamentary system of gov’nt; and

(2). Presidential system of gov’nt

1. Parliamentary System of Government refers in which the government governs

in and through the parliament/ Assembly, there by fusing the legislative and

executive branch of gov’t.

 In other words, it refers to a system of gov’t, which vests the political leadership

in a legislative body in which, in turn, selects the executive body (the cabinet +

Prime minister) entirely or largely from its membership. Eg. Britain, Canada,

Germany, Italy, Australia, Israel, India, Ethiopia etc.

 in the parliamentary system of gov.t there is fusion, integration
or overlap of political power, and authority of both the legislative
and executive branches of gov.t.
 Consequently, members of the legislative can constitutionally be
the members of the executive.
= However, this does not mean that all the ministers are the
members of the law making body in parliamentary form of gov.t.
 Fusion shows that the executive authority emerges from the
legislative body in parliamentary gov.t.
In parliamentary form of gov.t position of head of gov.t is occupied
by the prime minister (premier or chancellor) who is the leader of
the dominant (ruling political party).
[Link] presidential system of gov.t
 is a form of government, which is chiefly characterized by
separations of powers between the legislative and executive
branches of government. Eg USA, Argentina, Mexico, Costa Rica
etc.
 the leadership of the executive is in the
hands of the president who is elected by the people for a fixed
period as of four years in the United States.
 The president may change the portfolios of

his ministers as per his will, or may dismiss any one of them in case he

loses the confidence of the ”boss”.

 Separation of legislative from the executive: The president and his

ministers can not be the members of the legislature.

 Incase the president appoints a member of legislature as his minister, he

has to level his legislature membership.

=for this reason that the president and his ministers do not take part in the

deliberations of the legislature.

 It is based the strict application of the principle of separation of powers

b/n the legislative and executive organs of gov’t.

 [Link] Overview of Ethiopia State and gov.t

A. What was Ethiopian gov.t experience before 1991?

 Before the 1991 period Ethiopia had two successive regimes; the

Imperial and the military regimes; both regimes had their own
constitutions that differed in terms of their basic political
objectives and principles.
 Accordingly the Imperial constitutions of 1931 and 1955 designed

to affirm the absolute power of Emperor in the political arena of

the state.
 The Emperor monopolized the executive powers and the only

source of law in the country.

 Under this regime, the political organization of the entire society

highly centralized and form was unitary leadership in which the

Emperor enjoyed unquestionable power.
 After the Emperor was military toppled Ethiopian state power,

later with the 1987 constitution of the Peoples’ Democratic

Republic of Ethiopia (PDRE).
 The military regime, claiming to be socialist, centralized all

political powers under the uncontested leadership of single party

system.
 Both of the above regimes were non-democratic in character

what the contents of their constitutions.

B. Ethiopian gov.t Experience of post-1991
 The form of gov.t of Federal Democratic Republic of Ethiopia

the parliament which is democratic in nature and

established by the 1995 constitution.
 The gov.t is divided in to three branches both at the federal

and regional state levels; among which the specific powers

and specific functions are divided as well;

1. The legislature- in Ethiopia the house of people

representative and has two federal houses called, the house
of federation and the house of people representative.
 The HPR

 The highest authority of the federal gov.t, its members are

elected for the terms of five years by the people,

 the house is accountable to the people at large, the members are

governed by the constitution, the will of the people and their

conscience,
 the greatest number of seats in the house forms and leads the

gov.t body;
 The functions of HPR –making law of the federal gov.t, enact

specific laws in a number of vital areas..

 such as utilization of land and natural resources; inter-state- commerce and

foreign trade; air; rail, water and sea transport, postal and

telecommunication services; nationality asylum, immigration and passport,

exit from and entry into the country.

 CONTROL OF PUBLIC FINANCE-is empowered to control public finance

including granting of money to the administration for expense on public

services, imposition of taxes and authorization of loans.

 Approval of the fiscal and monetary policies of the country, levying taxes

and duties on revenue resources reserved to the federal gov.t and ratifying

the federal budget.

 This is so crucial function that the house exercises its control over the

executive.
 DELIBERATION AND DISCUSSION; the HPR is constantly engaged

in deliberation, discussion, debating public issues, shaping and

influencing gov.t policies and ventilating public grievances.
 Its members put questions to ministers to obtain information

on matters of public importance.

 It has ad-hoc committees with an intention of better organizing

of its work and discharging its functions effectively.

 CONTROL OF THE EXECUTIVE WING; the HPR has the power to

tempering and controlling the strong executive gov.t through

constant attentive, and responsive criticism.
 THE HOUSE OF FEDERATION

 Is the second upper arms the Ethiopian parliament; It is named as

the house of Nationalities. b/c it is constituted by representatives

of the N.N. of Ethiopia.
 The members are elected for five years either directly or indirectly

through state councils; here each N.N or peoples is represented by

one member in the house and for every one million population
each one will have one more representative
 The most crucial function is being with the mandate to interpret

the constitution. This is b/c of the constitution is expression of the

sovereignty of N.N. and people of Ethiopia.
 The house of Federation carries out the function of
interpretation through the Council of constitutional Inquiry,
which is made up of eleven persons.
 The other crucial functions strive to find solution to disputes
or misunderstanding that may arise among different
regional states.
 It empowered to decide on the issues related to the rights of
the N.N. and peoples to self-determination up to secession.
 The house is defender of the constitutional order in the
country.
 It orders the intervention of federal gov.t if a regional state

endangers the constitutional order.

=For example, when there is a human right violation in a given

regional state and the state is incapable of handling the problem
effectively or the state authority by them may violate the
constitutional order.
 The house has the power to determine the division of the funds b/n

the federal and regional gov.t; it empowers to determine the

amount of subsidy the federal gov.t provides to the regional gov.t.
But the approval of the budget of the federal gov.t is provided for
the HPR.
 2. THE EXECUTIVE
 in Ethiopia it consists the president, prime minister and

the council of ministers/the cabinet/. (Art-74-77)

 The executive is the biggest institution having many

departments such as;

The President-is the one who holds the position of

Head of State, not elected by the people, rather first
nominated by the HPR, and later elected for six years to
the position by a 2/3 majority vote of joint session of
the two houses. –
 The president officially represents the Federal Democratic Republic

of Ethiopia
 He/ She is the state’s chief spokesmen; opens the joint session of the

Federal House at the beginning of their new year’s function.

 The president is appointment of nominees submitted to him/her by

the prime minister to serve as Ethiopia’s ambassadors and special

envoys abroad.
 Besides this the president receives credentials of foreign envoys and

ambassadors to Ethiopia.
 -The also grants high military titles to nominees submitted by the

prime minister; awards medals and prizes.

 The Prime Minister- shall be elected with five terms of years from among members of
the HPR.

 The power and functions of the prime minister the chief executive, chairman of

the council of ministers and the commander-in chief of the national armed

forces, and ensures the implementation of laws, policies, and regulations

adopted by the HPR and the council of ministers,

 ensures the efficiency of the federal administration takes corrective measures as

necessary,

 submits nominees for the ministerial posts for approval to the HPR, submits

periodic reports to the HPR on work accomplished by the gov.t and on the

future work plans.

 Finally, he/she enforces and respects the constitution.

 3. JUDICIARY
 in all democratic states the judiciary is considered to be

independent its functions. it should be render impartial decision

even if the gov.t is one the parties to the disputes.
 In any democratic society it is guardian and defender of the

constitution in general and constitutionally guaranteed individual

rights in particularly.
 It determining and administering justice to the people at large.

 Its activities are to be free from various forms of influences or

interferences from the executive and other institution. Art-84(2)

they are guided by the fairness and justices.
END OF THIS CHAPTER