JAMIA MILLIA ISLAMIA

Name- Saima gous

Roll no- 51
Enrollment ID-201901961
Subject-Political Science-II
Paper code-BLW-203
Year- Ist year, 2nd Semester
Course- B.A.L.L.B(H) Regular, Faculty of Law
 Unit-1
1.What is the meaning of constitution? What are the various roles it plays in a state?

MEANING-A constitution is primarily a set of rules and principles specifying how a country
should be governed, how power is distributed and controlled, and what rights citizens possess.
It is usually written down and contained within a single document. It is another matter that in
order to meet the requirements of a democratic order, a constitution embodies some more
principles specifying relationship between the people and their state in the form of a specific
charter of their fundamental rights and obligations. Thus, a constitution ''may be said to be a
collection of principles according to which the powers of the government, the rights of the
governed, and the relations between the two are adjusted. In other words , it may be described
as a frame of political society organised through and by law , in which law has established
permanent institutions with recognised functions and definite rights.

DEFINITIONS-

A constitution is the fundamental law of the state, containing the principles upon which the
government is founded, regulating the division of the sovereign powers, and directing to what
persons each of these powers is to be confided and the manner in which it is to be exercised-
Justice Cooley.

A constitution is a body of those written or unwritten fundamental laws which regulate the most
important rights of the higher magistrates and the most essential privileges of the subjects. -
James McIntosh

The term 'constitution' signifies the arrangement and distribution of the sovereign power in the
community, or the form of the government. -G.C Lewis

A constitution is a body of of juridical rules which determine the supreme organs of the state,
which prescribes their mode of creation, their mutual relation, their sphere of action, and,
finally, the fundamental place of each of them in their relation to the state.- George Jellinek

A constitution is a frame of political society, through and by law, that is to say, one in which
the sovereign power, or the members thereof, exercise their authority. -James Bryce

The constitution of state is that body of rules and laws, written or unwritten, which determine
the organisation of government, the distribution of powers to the various organs of the
government, and the general principles on which these powers are to be exercised. -R.N
Gilchrist

A constitution is a written instrument by which the fundamental powers of government are

established, limited, and defined, and by which those powers are distributed among several
departments for their more safe and useful exercise for the benefit of the body politic. -Justice
Miller

Nature of a Constitution:

The constitution does not create the state, but is the outward formulation of state existence.
Every state, therefore, has a constitution, in the sense that certain principles underlie its
existence and its governmental system. If this were not true, anarchy would result instead of
political organization.

Roles of constitution-

1.Constitutions can declare and define the boundaries of the political community. These
boundaries can be territorial (the geographical borders of a state, as well as its claims to any
other territory or extra-territorial rights) and personal (the definition of citizenship). Thus, a
country’s constitution often distinguishes between those who are inside and those who are
outside the polity.

2.Constitutions can declare and define the nature and authority of the political community. They
often declare the state’s fundamental principles and assumptions, as well as where its
sovereignty lies.

3.Constitution making can play a central role in state building because constitutions create state
institutions, provide a legal framework for the exercise of state power, and establish the
relationship between the people and their government. This suggests that the process of
constitution making should be viewed not only as a technical exercise conducted by
constitutional lawyers, but also as an important political process. This also suggests that, if the
state is to be a liberal democracy, there should be a high level of public participation in
constitution making.

4.constitution making plays a positive role in state building by providing fragmented and
divided societies with the opportunity to resolve their grievances, agree upon common values
and norms, and work out how they are going to be best accommodated and adjust to the
transition to statehood. Importantly, in fragmented or divided societies in which local socio-
political practices and institutions remain highly legitimate and effective, public participation
in constitution making can enhance the legitimacy and effectiveness of state institutions by
encouraging the emergence of a liberal-local hybrid that achieves syncretism between liberal
socio-political practices and local customary ones.

5.Constitutions can declare and define the rights and duties of citizens. Most constitutions
include a declaration of fundamental rights applicable to citizens. At a minimum, these will
include the basic civil liberties that are necessary for an open and democratic society (e.g. the
freedoms of thought, speech, association and assembly; due process of law and freedom from
arbitrary arrest or unlawful punishment). Many constitutions go beyond this minimum to
include social, economic and cultural rights or the specific collective rights of minority
communities. And some rights may apply to both citizens and non-citizens, such as the right to
be free from torture or physical abuse.

6.Constitutions can divide or share power between different layers of government or sub-state
communities. Many constitutions establish federal, quasi-federal or decentralized processes for
the sharing of power between provinces, regions or other sub-state communities. These may be
geographically defined (as in most federations, such as Argentina, Canada or India), or they
may be defined by cultural or linguistic communities (e.g. the 1994 Constitution of Belgium,
which establishes autonomous linguistic communities in addition to geographical regions)

7.Constitution provides us all the information of laws which are important to establish
democracy in a country.

8.Constitutions can establish and regulate the political institutions of the community, defining
the various institutions of government; prescribing their composition, powers and functions;
and regulating the relations between them. It is almost universal for constitutions to establish
legislative, executive and judicial branches of government. In addition, there may be a symbolic
head of state, institutions to ensure the integrity of the political process (such as an electoral
commission), and institutions to ensure the accountability and transparency of those in power
(such as auditors, a court of accounts, a human rights commission or an ombudsman). The
institutional provisions typically provide mechanisms for the democratic allocation and
peaceful transfer of power (e.g. elections) and mechanisms for the restraint and removal of
those who abuse power or who have lost the confidence of the people (e.g. impeachment
procedures, motions of censure).

Conclusion- Thus constitution is one of the celebrated maxims of political science that there
can be no well-ordered society without a state. Though the word 'constitution' is used in many
senses(constitution of a body, constitution of a trade union etc) but we are concerned with its
use in a political sense alone that signifies the constitution of the state.

Unit-2

2.Describe the three organs of the government? Discuss the significance of the theory of
separation of powers and the principle of checks and balances in the democracy.

The three branches of the union government are charged with different responsibilities, but the
constitution also provides a fair degree of interdependence.

The three organs of the government are-:

i)legislative- Article 1 of the united states constitution created and empowered our legislative
branch of government. This refers to making laws, a power usually vested in a representive
assembly of some kind. Within the legislative branch are the two houses of parliament-the lower
house(Lok sabha also called house of the people) and the upper house(Rajya sabha also referred
to as council of states). The president of india is also considered part of parliament. Of the two
houses of parliament, Lok sabha is more powerful, in which the Prime minister leads the ruling
party or coalition. The constitution limits the number of elected members of the Lok sabha to
530 from the states and 20 from the union territories, alloted to their population roughly. The
president may also nominate two members of the Anglo-Indian community if it appears that
this community is not being adequately represented. Members of the Lok sabha serve for terms
of five years, unless the house is dissolved before that. Rajya sabha has 250 members. Of these
members, 12 are nominated by the president to represent literature, science, art and social
service, and the balance are proportionally elected by the state legislative assemblies. The Rajya
Sabha is not subject to dissolution, but one-third of its members retire at the end of every second
year. Legislative bills may originate in either house-except for financial bills, which may
originate only in the lok sabha-and require passage by simple majorities in both houses in order
to become law.

ii)Executive- Some definitions of executive-

“In the broad and collective sense, the executive organ embraces the aggregate or totality of all
the functionaries and agencies which are cincerned with the execution of the will of the state as
that will has been formulated and expressed in terms of law.”- Garner

“In the broadest sense, the executive department consist s of all government officials except
those acting in legislative or judicial capacity. It includes all the agencies of government that
are concerned with the execution of states will as expressed in terms of law.”- Gettell

Article II of the United states constitution created and empowered our executive branch of
government. The executive power is broadly defined as the power to enforce, or carry out, laws.
In United States, this power belongs to the president and the executive branch. Under the British
system, the head of the state is the hereditary monarch. In india we do not have a monarchy.
India has a large republic and a union of states like the US with an elected President at the head
of the republic.Our constitution-makers chose for us the system of parliamentary democracy
with ministerial responsibility to the representatives of the people in the Lok Sabha. Under
article 73 of the Constitution, the executive power of the union extends to all matters with
respect to which parliament may make laws and to the exercise of all powers that accrue to the
government of India from any international treaty or agreemnent. It is important to remember
that all executive power has to be exercised in accordance with the constitution.

In the executive branch, the president is the head of state and the commander-in-chief of the
Armed Forces. However his powers are nominal and ceremonial, except in times of emergency
and the president normally acts on the advice of the prime minister.The executive branch
consists of the president, vice-president, the president's Cabinet, 15 executive departments, and
100 of federal agencies. The president and vice-president are elected through the electoral
college system. In this system, each state elects its own electors. Executive power rests with
the council of Ministers, headed by the prime minister, who is chosen by the majority party or
coalition.

iii)Judiciary- Some definitions of judiciary-

“The judiciary of state may be defined as the body of officials whose work consists in the
resolution of complaint, whether between subject and subject, or between state and subject, that
the laws of the state have been a matter of fairly common agreement among thinkers that the
judicial power should be regarded as who administer it as separate from other aspects of
political authority.”- Laski

“A society without legislature is conceivable, and indeed, legislative organs did not make their
appearance in the state until modern times, but a civilised state without a judicial organ and
machinery is hardly conceivable.” - Garner

Judiciary is tha third and separate as well as a independent organ of a political organisation. It
includes those officers of government whose function is to apply the existing law to individual
to individual cases. In other words , jidiciary means the body of those public officials who
interpret and enforce the law of the state. The significance of judiciary is contained in its very
meaning . In every state the citizens expect justice at the hands of their adminitrators who are
entrusted with the task of maintaining a good government in the country. In india, there is one
unified judicial system-one hierarchy of courts-with the supreme court as the highest and as the
only arbiter in matters of relations between the union and the states. Article 124 provided for
the establishment of the supreme Court with a chief Justice and other judges.

Independence of judiciary- In a democratic polity wedded to rule of law an independent

judiciary is sine qua non. The judicial system in a country is central to the protection of human
rights and freedoms. The idea of the independence of the judiciary which is embedded in the
doctrine of separation of powers ensures that the judiciary enjoys a special position of autonomy
and independence so that it can act free of any direction or influence emanating from the other
two branches of government- the legislature and the executive. Their should be no coercion or
compulsion over the judges in matter of adjudication. Their selection should be made on the
basis of merit, they should get promotions on the basis of seniority as well as efficiency.

Theory of separation of powers in the democracy-The term “trias politica” or “separation

of powers” was coined in the 18th century by the charles-louis, Montesquieu. The theory of
separation of powers, coupled with that of the theory of checks and balances, belongs to the
functional aspect of a political organisation. The doctrine of the separation of powers implies
that there should be three separate organs of government(legislative, executive and judiciary)
with their separate sets of functions and powers. In other words, it implies that the three organs
of government should be kept apart from each other in the interest of individual liberty. The
whole idea is based on the maxim that power sould be a check to power. Thus, the constitution
should be so designed that no organ of government be made to do things to which it is not
obliged or empowered.

“Legislative bodies are concerned in the making of law; executive officials in the enforcement
of law; and judicial officials in the interpretation of the meaning of law. The theory that these
functions should be performed by different bodies of persons, that each department should be
limited to its own sphere of action without encroaching upon the others and that it should be
independent within the sphere, is called theory of separation of powers.”

The idea of the separation of powers is very old. In ancient times Aristotle classified the
departments of government as deliberative, executive and judicial. Polybius and Cicero
attributed its excellence to the system of separation of powers. Marsiglio of padua drew a clear
line between the legislative and executive functions of government. James Harrington urged
a clear separation between legislative and executive departments. Locke said “When the
legislative and executive powers are united in the same person or in the body of same
magistrates, there can be no liberty, because apprehension may arise, lest the same monarch or
Senate should enact tyrannical laws, and execute them in a tyrannical manner. There would be
no liberty if the judiciary power be not separate from the legislative and the executive. Were it
joined with the legislative, the life and liberty of the subjects would be exposed to arbitrary
control, for the judge would be the legislator, and if joined to executive power, the judge might
behave with violence and oppression. There would be an end of everything.”

Checks and balances- The system of checks and balances supplements the system of
separation of powers. Montesquieu vested executive power in the president, legislative power
in the congress, and the judicial power in the Supreme court. But, at the same time, they
invented the system of checks and balances whereby one organ of government would act as as
a check upon the other organs of government. Thus it is said: “The theory that each of these
departments should share in the powers of the others or exercise a certain control over their
actions is known as the theory of checks and balances.” It is fulfilled by sticking to the maxim
that power alone checks the abuse of power. While referring to the constitutional system of the
US, we can say that the executive authority is with the president, but it is checked by the
congress and the Supreme court.

Conclusion- Thus, the three organs of government have their respective roles to play in the
democracy.They have separate powers and funtions to perform. Separation of powers,
therefore, refers to the division of government responsibilities into distinct branches to limit
any one branch from exercising the core functions of another. Checks and balances are applied
primarily in constitutional government.

Unit -3

3.Differentiate between direct and indirect democracy. Illustrate the various means of
exercising indirect democracy with relevant examples?

Democracy is that form of government in which the supreme power lies in the hands of the
people. In a democratic country, every citizen has one vote, that can be cast in favour or against
the government policy. The peculiar thing about democracy is that it is a form of state, a form
of government, a form of society, and above all an ethical idea or a way of life Further, in a
democracy, the response of the citizens acts as the foundation of the government. It can be in
the form of direct democracy or indirect democracy.

Direct democracy- Direct Democracy also called pure democracy or participatory democracy,
is one in which decisions relating to the laws and policies of the government are taken by the
people directly. It requires direct participation from the citizens of the country in day to day
decision making and administration of the government. Switzerland is one of the countries
where direct democracy is prevalent.

Indirect democracy-Indirect democracy also called as representative democracy is the system

of government wherein people choose their representatives, to represent them in the Parliament
and actively participate in running the government. So, the participation of the citizens is
limited in taking important decisions and formulation of policies. India is the common example
of indirect democracy.

Difference between Direct and Indirect democracy-:

1.Direct democracy can be described as the system of the government, wherein the
implementation of laws is possible by the general vote of all the citizens of the country. On the
other hand, indirect democracy is that form of government in which the citizens of the country
votes for the representatives who are empowered to decide on their behalf.

2.In a direct democracy the decisions relating to government policies, laws and other issues,
are taken by the people. Conversely, in an indirect democracy, the people choose their
representatives, takes decisions on the formulation of laws and policies.

3.In a direct democracy, the entire community forms legislature. As against, in an indirect
democracy, the elected representatives of the winning party forms the government and are a
part of the legislature.

4.While direct democracy is best suited for small countries, indirect democracy is good for
large countries.

5.In this form of government, every law, policy or bill is passed only when voted on by all the
citizens of the country. Here, all the people of the government come together raises issues, enter
into discussions to come up with a decision which is agreeable to all. So, the citizens of the
country have a direct say in the formulating laws and the affairs that influence them.In an
indirect democracy, a politician is elected from each constituency who represents the people
who voted for him in the parliament. It relies on free and fair elections wherein those who are
currently ruling have a just and fair chance of losing. Hence, the elected politician can be
removed from the office and made accountable for the work performed by them he alter for the
community.

Various means of exercising indirect democracy-

1.Alternative vote system- The Alternative vote is not a form of Proportional representation.
The alternative vote is designed to deal with vote splitting. The voter puts a number by each
candidate, with a one for their favourite, two for their seconf favourite and so on. They can put
numbers on as many or as few as they wish. If more than half the voters have the same favourite
candidate, that person becomes the MP. If nobody gets half, the numbers provide instructions
for what happens next. The alternative vote uses a single ballot and avoids the need for tactical
voting to stop a disliked candidate getting into the final round. In US, the alternative vote is
often called instant runoff voting. It is also used in Australia to elect the house of
representatives.

2.Majority voting system- A majority voting system is an electoral system in which the winner
of an election is the candidate that received more than half of the votes cast. In the event that
no candidate wins an outright majority, a runoff election is held between the top two vote-
getters. For this reason, majority systems are sometimes referred to as two-round system.

3.Second ballot system- The second ballot system is a voting method used to elect a single
winner, where the voter casts a single vote for their chosen candidate. Despite its name, the
two-round system may resolve an election in a single round if one one candidate recieves
enough of the vote, usually a simple majority. If no candidate recieves enough of the vote in
the first round, then a second round of voting is held with either just the top two candidates or
all candidates who received a certain proportion of the votes. The two-round system is used
around the world for the election of legislative bodies and directly elected presidents. For ex, it
is used in french presidential and legislative elections.

Unit-4

4.Examine the concepts of National security and Human Security.

Human security-The concept of human security represents a powerful, but controversial,

attempt by sections of the academic and policy community to redefine and broaden the meaning
of security. Traditionally, security meant protection of the sovereignty and territorial integrity
of states from external military threats. This was the essence of the concept of national security.
The concept of human security challenges the state the state-centric notion of security by
focusing on the individual as the main referent object of security. Human security is about
security for the people, rather than of states or governments.

Definitions-

“Human security is not a concern with weapon. It is a concern with human dignity. It is said, it
is a child who did not die, a disease that did not spread, an ethnic tension that did not explode,
a dissident who was not silenced, a human spirit that was not crushed.” -Mahbub ul Haq,1995

“Human security can be said to have two main aspects. It means, first, safety from such chronic
threats as hunger, disease and repression. And second, it means protection from sudden and
hurtful disruptions in the patterns of daily life.” -UNDP,1994

“Human security can be defined as the preservation and protection of the life and dignity of
individual human beings.” - Japanese foreign ministry official,2000

Criticism and debates-

The 1994 UNDP report opened an outlet for the academic redefinition of human security.
Numerous scholars attempted to disentangle the dimensions of Human security. The
reconceptualization of human security engaged scholars in a fierce academic debate—some in
favour of narrowing the concept to a valuable essence and some wanting to preserve its holistic
character. On the grounds of analytical rigour, pragmatism, and policy relevance, some experts
argued that the sole denominator for the human security agenda should be a focus on violent
threats. Advocates of the broad theorization opposed this approach. They argued that once the
referent of the security agenda becomes the individual, it is impossible to disentangle violent
threats to individuals from other issues such as poverty, environmental degradation, and
infectious diseases that directly impinge on the safety, freedom, and self-realization of human
beings.

Women, conflict, and human security-

The relationship between gender and human security has multiple dimensions. The United
Nations Inter-Agency committee on women and gender equality notes five aspects-violence
against women and girls, gender inequalities in power and decision-making, gender inequalities
in control over resources, women's human rights and women as actors and not victims. Recent
conflicts have shown women as victims of rape, torture and sexual slavery. Such atrocities
against women are recognised as a crime against humanity.

Challenges to Human Security:

In the changing international scenario, the threat perception to human security has also
undergone a marked change. The diffused nature of conflicts the rise of market-oriented society
in most part of the world and the uneven distribution of technological resources pose new
challenges. In 1945, almost every nation on the planet made a commitment to eradicate severe
poverty. The momentum in poverty eradication can, however, be maintained only if political,
social and economical institutions are guides by the goals of human development. Many
countries in the developing world are artificial non-states, whose boundaries were drawn
arbitrarily by the colonial powers without regard for the actual ethnic composition or historical
linkages between peoples. In the developed as well as developing world, one of the most
powerful challenges to human security has come from the war on terror led by US. Although
terrorists target innocent civilians and thus threaten human security, governments have used the
war on terror to impose restrictions on, and commit violations of civil liberties.

National security- The concept of national security occupies an important place in

international relations. It involves the formulation and achievement of national interests against
the existing and potential hostilities and pressure-external as well as internal. Ntional security
does not imply merely the security of state's territory, property and the people from external
threats, it also involves the promotion of nation interests globally. National security is not
something static, rather it evolves and changes with transformation of a nation's technological
and industrial capacity, its economic performance, its military capability and the demands of
social justice and equity.

Definitions-

“A nation has security when it does not have to sacrifice its legitimate interests to avoid war
and is able, if challanged to maintain them by war.” -Walter Lipmann

“National security in its widest sense comprises every action by which a society seeks to assure
its survival or to realise its aspirations internationally.” -Henry Kissinger

Dimensions of National security-

National security has both short term as well as long term dimensions. The short term dimension
of security implies that the country devotes high proportion of its resources to military for the
purpose of national security. The long- range security on the other hand envisages that the
resources of the country are devoted to the development of a strong and stable infrastructure.

External- The concept of external security rests on the premise that there are perpetual clashes
of interest among the nations and these are often irreconcilable. The pusuit of these competing
interests can lead to war.

Internal- It rests on the assumptions that every society is perpetually torn by intra- societal
conflictswhich often lead to political disorder, violence and social turmoil. Hence it is the
responsibility of the defence forces to impose political order.

Factors governing national security-

1.Political factor- Firstly, the concept of national state has led to conflicts in international
arena. A state, in order to establish its rightful place in the hierarchy of nation-states asserts
itself and poses a challenge to the dominance of of superpowers, which on the other hand are
keen to maintain Status quo. Unless the newly emerging state is willing to accept a subordinate
status in the international system, the conflicts are bound to arise, and pose a threat to national
security. Secondly, the super powers tend to keep international political environments in a state
of flux, so that they can gain greater influence in international affairs. Thirdly, events in the
neighbouring countries can also pose a threat to national security.

2.Economic factor- It is well known that soon after independence India was faced with the
problem of acute shortage of food grains and had to import food grains from USA.
Subsequently when the shipmeny of grain was cut of, India stepped up efforts to attain self-
sufficiency and effected green revolution. There are also inherent dangers to the security of a
country due to foreign investment. The restrictive trade practices adopted by the developed
countries have also hampered the development of third world countries.

3.Psychological factors- The psychological considerations also influence the security policy
of a country. States seek maximum power due to fear threat and try to enhance their efence
potential. Usually the states adopt both “defensive” as well as “deterrent” approach. The
defensive approach implies development of capability by a state to avoid coercion by another
state and curb aggression. The deterrent approach on the other hand presupposes that if the
aggressor has any doubt that the defender will retaliate, it is unlikely to resort to aggression.

4.Social Factors- As the external security of the country is intimately linked with the internal
upheavals it is desirable that proper political order must be maintained witin the country. This
can be done by ensuring that the fruits of development are distributed equitaby amongst all
sections of society. Threat to national security has been greatly increased. The problem can be
effectively tackled by promoting solidarity among the various sections of society and
developing commonality of interests between the elites and the masses.

Impact of international Environment-

The national security also of a country also depends on the changing international environment.
It tries to enhance its power and influence by cultivating the friendly countries and establishing
beneficial political, economic, cultural and military links with other countries so that they do
not provide their resources and support to its adversaries. Some of the important factors of
international environment which have implications for national security includes the strifes
among various powers which pose problems for national security. The increase and
improvement in the weapons of mass destruction have an impact on the national security of
countries not in possession of these.

Conclusion- Hence, the concept of human security reflects a number of developments that have
incrementally challenged the traditional view of security as the protection of states from
military attack. In the words of Palmer and perkins that so long as the national-state system is
the prevailing form of political organization, emphasis on national security would continue.

Unit-5

5.write an essay on the united Nations and its permanent organs.

Brief history- The United Nation was established on 24 October 1945 by 51 countries, as a
result of initiatives taken by the governments of the states that had led the war against Grmany
and Japan. By 2006, 192 countries were members of the united nations , nearly every state in
the world. When joinig, member states agreed to accept the obligations of the United Nations
Charter, an international treaty that set out basic principles of international relations. United
Nation was set up to the problems of its predecessor, the league of nations. The league of nations
had been established after the first world war, and was intended to make future wars impossible,
but a major problem was the league's lack of effective power.

Introduction-An organisation that maintains international peace and security, developing

friendly relations between nations (member states) and promoting social progress, better living
standards and human rights. While the original charter proclaims the need for global peace the
UN works on fundamental issues such as sustainable development, environment and refugees
protection, disaster relief, terrorism, disarmament and non-proliferation to promoting
democracy, human right, gender equality and the advancement of women, governance,
economic and social development, health and more to ensure to its most extent in achieving its
goals and co-ordinate efforts for a safer world for the present and future generations.

Objectives of UN-

(i) to maintain peace and security all over the world

(ii) to develop friendly relations among the nations of the world

(iii) to promote the social and economic progress of the world
(iv) to offer a common centre for mobilisation of world opinion and actions
Pinciples of UN-

1. It is based on the sovereign equality of all its members;

2. All disputes of the world are to be settled peacefully

3. All member states will eschew violence or force in settling international problems
4. No non-member state will be allowed to be a danger or threat to international peace and
security
5. The UNO will not interfere in the domestic affair of any state
Dr S. Radhkrishnan rightly said:
“After the First World War we set up the League of Nations, but it failed on account of our
nationalist obsessions. After the Second World War we set up the United Nations Organisation
with the objective of maintaining peace by removing the causes of international tension and
creating an internal order based on justice and tolerance.”

Principle organs of the UN-

1.The Security Council- The Security Council is the United Nations' most powerful body, with
primary responsibility for the maintenance of international peace and security. It was made up
initially of 11 states, and then, after 1965, of 15 states. It includes five permanent members,
namely the USA, Britain, France, Russia, and China, as well as 10 non-permanent members.
Unlike the league, the decisions of the Security council are binding, and must only be passed
by a majority of 9 out of 15 members, as well as each of the five permanent members. These 5
permanent members therefore have Veto power over all security council decisions. When the
security council considrs a threat to international peace, it first explores ways to settle the
dispute peacefully under the terms of chapter VI of the UN Charter. The council can also take
measures to enforce its decisions under Chapter VII of the Charter.

Functions of Security Council-

i)to maintain international peace and security in accordance with the principles and purposes
of the UN;

ii)to investigate any dispute or situation that might lead to international friction and to
recommend methods of adjusting such disputes or the terms of settlement;

iii)to determine the existence of a threat to the peace or an act of aggression and to recommend
what action should be taken;

iv)to call on members to apply economic sanctions and other measures not involving the use of
force in order to prevent or stop aggression;

v)to take military action against an aggressor; and

vi)to formulate plans for the establishment of a system to regulate armaments.

2.The General Assembly- The General Assembly is the largest of all the organs of the United
Nations. This is the great deliberative body of the Organisation which discusses every matter
within the scope of the UN Charter. It consists of all the member-States. Though each member-
State may send up to five representatives to participate in its deliberations, yet member-States
have only one vote each. Its powers are to oversee the budget of the United Nations, appoint
the non-permanent members to the Security Council, receive reports from other parts of the
United Nations and make recommendations in the form of General Assembly Resolutions. It
has also established a wide number of subsidiary organs. A two-third majority is required for
descisions on key issues such as international peace and security, the admission of new
members, and the UN budget. However, the decisions reached by the general assembly only
have the status of recommendation, rather than binding decisions.

Fuctions of General assembly-

1.It may discuss any question relating to peace and security and has power to make
recommendations for the purpose of promoting international cooperation in political fields as
well as in economic, social and cultural fields.

2.It regulates the working of other organs and agencies of the United nations.

3.It considers and approves the budget of the UN

4.It elects the non-permanent members of the Security council and the members of the
economic and social council. It appoints the secretary-general upon the recommendations of
the Security Council.

5.It has the power to amend the charter.

3.The Secretariat- The Secretariat comprises the Secretary-general and such other staff as the
United nations may require. It carries out the substantive and administrative work of the United
nations as directed by the general assembly , the security council, and the other organs. It is led
by the Secretary-General, who provides overall administrative guidance. On the
recommendations of the other bodies, the Secretariat also carries out a number of research
functions. Yet the role of the Secretariat remains primarily bureaucratic and it lacks the political
power.

4.The economic and social Council-The economic and social council consists of 54 members
elected by the general assembly. They are elected for a 3 year term.The council was designed
to be the UN’s main venue for the discussion of international economic and social issues.
ECOSOC conducts studies; formulates resolutions, recommendations, and conventions for
consideration by the General Assembly; and coordinates the activities of various UN
organizations. Most of ECOSOC’s work is performed in functional commissions on topics such
as human rights, narcotics, population, social development, statistics, the status of women, and
science and technology etc.

Functions-

i)to serve a the central forum for discussions on international economic and social issues

ii)to promote higher standards of living, full employment and economic and social progress

iii)to find solutions of international economic, social, health and related problems, and
international cultural and educational cooperation

5.The International court of justice- The ICJ is the principle judicial organ of the United
nations. All members of the United Nations are ipso facto parties to the statute or rules of the
court. The court consists of 15 judges. Of these, those 15 persons who are chosen by a majority
vote in both bodies are elected the judges of the court. No two judges can be nationals of same
state. If two persons of the same nationality are chosen, only the elder becomes a member of
the court. The judges are elected for a nine year term. However, they are eligible for re-
selection. The Court is permanently in session at the Hague in Netherlands.
Function-

1.To settle, in accordance with international law, legal disputes submitted by states

2.To give advisory opinions on legal questions referred to it by authorized UN organs and
specialized agencies.

3.It plays an important role in the codification of international law pertaining to human rights
and prisoners of war.

6.The Trusteeship Council- When the United nation was created, the Trusteeship Council was
established to provide international supervision for 11 Trust territories administered by 7
member states and to ensure that adequate steps were taken to prepare the territories for self-
government or independence. By 1994, all trust territories had attained self-government or
independence, either as separate states or by joining neighbouring independent countries.

Conclusion- Thus, changes in the role of the UN reflect the changes in perceptions of
international society and the nature of sovereign states. The capacity of the UN in its economic
and social work, its development work, and its management of peacekeeping and post-conflict
reconstruction has expanded since the 1990's.