Political Science Notes: 1st-Sem

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 Module 1: Concepts of State, Society, Government and
Sovereignty: their inter relationship;
State - meaning and elements
Origin of the State
Social contract theory - the contributions of Thomas
Hobbes, John Locke and J.J. Rousseau
Evolutionary theory and Marxian theory - Main postulates;
Hindu concept of State - nature and functions of State;
Contribution of Aristotle
Liberal, Marxian and Gandhian views;
Sovereignty - meaning, attributes and kinds -
Theories of Sovereignty – Monistic and Pluralist
interpretations.

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 State- Meaning and Elements
In Political Science, the term "state" refers to a complex political entity characterised by specific
features and functions. Understanding the state is crucial for analysing governance, authority, and
the relationship between individuals and political systems. Below are detailed notes on the
definition, characteristics, and significance of the state.

Definitions of State:
• Aristotle defined state as “State as a political community that exists for the sake of achieving
good life”. In this definition he recognises state as a natural institution which is achieved to get a
higher quality of life through collective government. He believes the state is a partnership
between government and citizens to achieve common goals.

• Hegel defines, in his world philosophy of rights, he describes “state as the realisation of ethical
life where individual freedom and the universal will are reconciled.” He considers the state to be a
rational and highest form of ethical community.

• Karl Marx defined state as “state as an instrument of class rule and oppression”. His main point
was economic exploitation. He believed that the state served the interest of the ruling class or the
bourgeoisie. The state is linked to a capitalistic system which will eventually wither away, in a
classless/stateless society and then it will lead to the formation of a proletariat society.

Elements of State:
A State has 4 main elements-

1. Population: A State is a human institution. Population stands as first in the element of state
because it was humans who created this kind of mechanism. The State is a human institution
so therefore Population is an essential feature of every state. Each and every state has a fixed
number of population. Population can be diverse, it need not be of a single race, culture and
language. So it can follow pluralism and homogeneity is not a feature of a state.
Features of population: Interdependency, conscious of common interests, general regard for
a set of common rules of behaviour and institutions.

2. Territory: A state must possess a geographical territory where its authority is accepted
without any dispute or challenges. A state’s territory can be made up of land, sea, air and
space.
Friedrich Engles: his work named origin of the family, private property and the state (1884)
noted that “the formation of state is accompanied by a division of population according to
territory.” In a pre-state society, when they lived as nomadic tribes, people moved from one
place to another in the search for food and held together because of kinship. In the Modern
State, people live together in a defined territory. Territory provides a sense of security,
sentimental attachment, natural resources, immense opportunities, unity, mutual
cooperation, etc.

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 3. Government: Authority of a state is exercised by a government, functions of the state are
performed by the government. For example: laws of the state are made, declared and
enforced by the government, justice is dispensed by the judicial organ of the government,
and the government is also responsible for maintenance of law and order for the provision of
common service (defence, issue of currency, foreign relations, health and education, levying
taxes and even construction of roads and railways, etc).
If State represents an abstract concept then government is its concrete form. Without
government, the people are mass disjointed particle without common interest, common aim,
and common organisation. Citizen has a deal with a government of a state. Government can
rise and fall without disturbing identity of a state. But state can lose its authority because of
an alien/foreign power.
Government, according to Garner, is the institution that determines common policies and
regulates common affairs. The government is the medium through which the state wills and
acts. Government must be effective; it must be capable of maintaining order and ensuring
compliance. There would be chaos and anarchy without a government, and the state would
eventually dissolve.

4. Sovereignty: Sovereignty is the supreme element of the state. It denotes the supreme/
ultimate power of the state to make laws and make political decisions. It denotes the final
authority of the state over its population and its territory. It might be exercised by the
government but it essentially belongs to the state which is derived by the government.
H.H Gerth and C Wright Mills “The right use of physical force is ascribed to other
institutions or to individuals only to the extent to which the state permits it. The state is
considered the sole source of the right to use violence.” A state continues to exist as long as
it is armed with sovereignty. If a state is attacked by some external force, it will result in
anarchy and lead to loss of sovereignty. International recognition is not a condition for the
existence of sovereignty.
Example: when anew state like Bangladesh comes into existence, it may be recognised by
some states immediately while other states will withhold their recognition for quite a long
time, USA had withheld recognition of new states of USSR and Peoples republic of China
for decades after they came into existence but they still existed as a state.

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 Origin Of State

The origin of the state is a central theme in Political Science, reflecting humanity's quest for
organisation, governance, and social order. Understanding how states emerged involves exploring
various theories that highlight different factors contributing to their formation.

1. Evolutionary Theory
The evolutionary theory posits that the state is a product of gradual development influenced by
social, economic, and political changes over time. This theory suggests that states did not emerge
suddenly but evolved from simpler forms of social organisation.
• Family as the Foundation: The family unit is considered the primary social structure. As
families grew, they formed clans and tribes, establishing early forms of governance based on
kinship.
• Role of Religion: Religion played a vital role in unifying early societies. Shared beliefs
fostered social cohesion and provided a moral framework for governance.
• Property and Defence Needs: As societies transitioned from nomadic to settled agricultural
lifestyles, the accumulation of property created a need for protection. This need led to
organised governance structures to manage resources and defend against external threats.
• Political Consciousness: With settled communities came the awareness of political
organisation. The necessity for rules and leadership became apparent as populations grew
and interactions became more complex.

2. Divine Origin Theory

The divine origin theory asserts that states are established through divine will or authority, often
legitimising rulers as representatives of God.
• Historical Context: Many ancient civilisations believed their rulers were divinely appointed.
This belief was prevalent in cultures such as Mesopotamia and Egypt, where kings were
seen as gods or chosen by deities.
• Legitimisation of Power: The divine right of kings became a critical justification for
absolute power. Rulers like James I of England argued that rebellion against the king was
tantamount to rebellion against God, reinforcing their authority.
3. Social Contract Theory
The social contract theory emerged during the Enlightenment, proposing that states are formed
through an implicit agreement among individuals who consent to create a government for mutual
benefit. Key Thinkers:
• Thomas Hobbes: In "Leviathan," Hobbes argued that in a state of nature, life would be
"solitary, poor, nasty, brutish, and short." To escape this chaos, individuals collectively
agreed to surrender some freedoms to a sovereign authority in exchange for security.
• John Locke: Locke's perspective differed; he viewed the government as a protector of
natural rights—life, liberty, and property. If a government failed to uphold these rights,
citizens had the right to revolt.
• Jean-Jacques Rousseau: Rousseau introduced the concept of the "general will," suggesting
that legitimate governance arises from the collective will of the people.

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 4. Force Theory
The force theory posits that states emerge primarily through conquest and coercion rather than
voluntary agreement.
• Historical Evidence: Throughout history, powerful tribes or groups have established
dominance over others through warfare. Successful conquerors imposed their rule on
subjugated populations.
• Imposition of Order: The strongest individuals or groups would establish governance
structures to maintain order and control resources, leading to the formation of political
entities. Patriarchal Theory The patriarchal theory, proposed by Sir Henry Maine, argues that
states originated from patriarchal family structures where authority was vested in the eldest
male member. Development Process:
• Families expanded into clans through marriage arrangements.
• These clans formed tribes for mutual defence and cooperation.
• Over time, tribes coalesced into larger political entities as they sought greater security and
resources.

5. Patriarchal Theory
The patriarchal theory, proposed by Sir Henry Maine, argues that states originated from patriarchal
family structures where authority was vested in the eldest male member. Development Process:
• Families expanded into clans through marriage arrangements.
• These clans formed tribes for mutual defence and cooperation.
• Over time, tribes coalesced into larger political entities as they sought greater security and
resources.

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 Social Contract Theory
Social contract in moral and political philosophy (philosophy needs justification and science needs
explanation. Whenever we add any kind of power element in a situation it becomes Political. When
we add power to philosophy it becomes political philosophy) the social contract concerns the
legitimacy of the authority of the state or the individuals.

The theory of social contract varies:

1. A social contract designed to justify the power of the sovereign
2. Intended to safeguard the individual from oppression by a sovereign who was too powerful

THOMAS HOBBES:
Thomas Hobbes, a 17th-century English philosopher, is renowned for his contributions to political
philosophy, particularly through his formulation of the social contract theory. His seminal work,
Leviathan (1651), articulates a vision of human nature and the necessity of a strong, centralised

- The State of Nature: Hobbes describes the state of nature as a hypothetical condition where no
government or laws exist. In this state, individuals act solely based on self-interest. Hobbes
posits that humans are inherently selfish and competitive. He famously asserts that in the state of
nature, life is "solitary, poor, nasty, brutish, and short." This reflects his belief that without
governance, individuals would be in constant conflict over resources. In the absence of authority,
individuals compete for limited resources, leading to a state of perpetual war. Fear of violent
death drives humans to seek security through social cooperation.
- The Social Contract: To escape the chaos of the state of nature, individuals enter into a social
contract. This unwritten agreement involves relinquishing some personal freedoms in exchange
for security and order provided by a governing authority. Each person agrees to give up certain
rights—such as the right to kill or steal—in return for protection from others. This mutual
concession creates a framework for social cooperation. The social contract necessitates the
establishment of a sovereign authority (a single ruler or assembly) responsible for enforcing laws
and maintaining peace. This authority derives its legitimacy from the consent of the governed.
- Characteristics of Sovereignty
1. Absolute Power: Hobbes argues that the sovereign must possess absolute power to effectively
enforce laws and prevent conflict. This power is essential to ensure compliance and maintain
order.
2. Irrevocable Contract: The social contract is perpetual and irrevocable; once individuals
consent to it, they cannot withdraw their allegiance without returning to the chaos of the state of
nature.
3. Law as Command: The laws enacted by the sovereign are commands that must be obeyed.
Disobedience threatens social stability and returns society to its natural state.
- Rights and Duties Under the Social Contract
• Rights Surrendered: Individuals surrender certain rights (e.g., the right to retaliate) to gain
protection from others. This creates a structured society where rights are defined by law.
• Duties of the Sovereign:
1. Protect citizens from external threats and internal disorder.
2. Enforce laws impartially.
3. Resolve conflicts among citizens.
4. Maintain civil society through governance.

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 Implications of Hobbes' Theory
• Justification for Absolute Monarchy: Hobbes advocates for a strong central authority, often
interpreted as an absolute monarchy. He believes that only such authority can prevent
societal collapse into chaos.
• Rejection of Civil Disobedience: Hobbes argues against civil disobedience; subjects must
obey their sovereign even if they perceive it as unjust because rebellion leads back to
anarchy.
• Contrast with Other Theorists: Unlike John Locke or Jean-Jacques Rousseau, who
emphasise individual rights and potential for rebellion against unjust rulers, Hobbes
prioritises security and order over personal freedoms.

JOHN LOCKE
John Locke, a prominent 17th-century English philosopher, is best known for his social contract
theory articulated in his work Two Treatises of Government (1689). Unlike his predecessor Thomas
Hobbes, Locke's view of the state of nature and the social contract emphasizes individual rights, the
protection of property, and the conditional nature of governmental authority.
- The State of Nature: L Locke describes the state of nature as a pre-political condition where
individuals are free, equal, and independent. In this state, people coexist without a formal
government. Natural Rights: In the state of nature, individuals possess natural rights to life,
liberty, and property. These rights are inherent and not granted by any authority. Locke posits that
individuals are bound by the law of nature, which dictates that they must respect each other's
rights. This law is rational and can be understood through reason. Lack of Security: While the
state of nature is characterised by freedom and equality, it lacks security. There are no established
laws or impartial judges to resolve disputes or protect rights effectively.
- The Social Contract: To escape the insecurity of the state of nature, individuals voluntarily enter
into a social contract. This agreement involves relinquishing some freedoms in exchange for
protection and order provided by a governing authority. The social contract leads to the
establishment of a commonwealth—a political society where individuals agree to form a
government to arbitrate disputes and protect their rights. The primary purpose of government is
to act as an impartial judge that resolves conflicts and enforces laws that protect natural rights.
- Characteristics of Government Under the Social Contract
1. Consent: The legitimacy of government derives from the consent of the governed. Individuals
agree to be governed in exchange for protection of their rights.
2. Conditional Obligation: Citizens' obligation to obey government laws is conditional upon the
government's protection of their natural rights. If the government fails to uphold these rights,
citizens have the right to withdraw their consent.
3. Right to Revolt: Locke asserts that if a government becomes tyrannical or violates citizens'
rights, people have not only the right but also the duty to resist and overthrow it.
- Natural Rights and Property
1. Inalienable Rights: Locke emphasizes that natural rights—life, liberty, and property —are
inalienable; they cannot be surrendered or transferred.
2. Property Rights: According to Locke, property ownership arises when an individual mixes
their labor with natural resources. This labor theory establishes a moral basis for property rights.
3. Role of Government: The government's role is to protect these property rights and ensure that
individuals can enjoy their freedoms without interference from others.

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 Implications of Locke's Theory
1. Foundation for Liberal Democracy: Locke's ideas laid the groundwork for modern liberal
democracy by emphasizing individual rights and limited government. • Influence on
Political Thought: His theories significantly influenced Enlightenment thinkers and were
foundational in shaping democratic ideals in documents such as the United States
Declaration of Independence.
2. Critique of Absolute Monarchy: Locke's theory directly challenges absolute monarchy by
asserting that rulers must govern with the consent of the people and respect their natural
rights.

JEAN JAQUES ROUSSEAU

Jean-Jacques Rousseau, an influential 18th-century philosopher, presented a unique perspective on
social contract theory in his seminal work, Du Contrat Social (1762), or The Social Contract.
Rousseau's ideas diverge significantly from those of his predecessors, particularly Hobbes and
Locke, focusing on collective will and the moral foundations of society.
- The State of Nature: Rousseau describes the state of nature as a primitive condition where
humans were solitary, healthy, happy, and free. In this state, individuals lived independently and
were not burdened by the complexities of society. Human Qualities: He believed that humans in
the state of nature were inherently good, possessing natural compassion and a sense of self-
preservation. Emergence of Society: As humans began to form communities and establish
relationships, negative passions such as jealousy and pride emerged. This transition marked the
beginning of social inequality and vice.
- The Concept of Property Introduction of Private Property: Rousseau argues that the
establishment of private property was a pivotal moment in human history. It led to the need for
laws and governance to protect property rights. Social Inequality: The concept of property
created divisions within society, favouring the wealthy and disenfranchising the poor. Rousseau
lamented that civil society often served the interests of the rich at the expense of the less
fortunate.
- The Social Contract Formation of the Contract: To escape the inequalities and conflicts arising
from private property, individuals agree to enter into a social contract. This contract is not merely
an agreement but a transformation of individual wills into a collective will. General Will: Central
to Rousseau's theory is the concept of the volonté générale or "general will." This represents the
collective interest of all citizens and aims at promoting the common good. Collective
Sovereignty: In this framework, sovereignty resides with the people as a whole rather than with
any individual or ruling authority. The general will is sovereign and must guide legislation.
- Characteristics of Government Under the Social Contract Legitimacy Through Consent: The
legitimacy of any government arises from its alignment with the general will. Citizens consent to
be governed only when their rights and interests are represented collectively.
Political Liberty: Rousseau distinguishes between natural liberty (freedom from interference) and
political liberty (freedom as participation in collective decision making). True freedom is
achieved through adherence to laws that one has a role in creating. Subordination of Individual
Rights: In Rousseau's view, individual rights—including property rights—are subordinate to the
general will. The common good takes precedence over personal interests.
- Right to Revolt Breaking the Contract: If a government fails to represent the general will or
usurps power for its own benefit, it violates the social contract. In such cases, citizens are not
only justified in resisting but have an obligation to do so. Moral Duty: For Rousseau, rebellion
against an unjust government is a moral duty; citizens must reclaim their sovereignty when their
rights are threatened.
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 Implications of Rousseau's Theory
• Foundation for Democratic Ideals: Rousseau's emphasis on popular sovereignty and
collective decision-making laid important groundwork for modern democratic thought. •
Critique of Inequality: His critique of social inequality influenced later political movements
advocating for social justice and equality.
• Influence on Revolutionary Thought: Rousseau’s ideas inspired revolutionary movements in
France and beyond, emphasizing that legitimate authority comes from the people rather than
divine right or hereditary rule.

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 Evolutionary and Marxian Theory

1. EVOLUTIONARY THEORY
- Evolution and revolution are a result of human activity.
- Revolution is a historical process which develops a drastic and structural change, while evolution
is a progressive growth and change generating a transition from simple to complex systems.
- Evolution and revolution are a result of human activity in society originated to satisfy specific
needs or to cope with and adapt in the presence of any threats and changing context.
- In evolution, Charles Darwin preferred phrases like, “descent with modification,” which refers to
the passing of traits down generations.
- “Survival of the fittest”, which was quoted by Herbert Spencer, focused on a selection process
which favoured the most physically and mentally superior. The principle of selection provides
the means for explaining the adaptiveness, survival and evolution in society.
- Evolution can be categorised into two types:
1. Growth: a proportionate change in the system.
2. Development: disproportionate change in the size of a subsystem as a consequent change in
the overall size of a system.

Evolutionary theory in Political Science:

- This principle of evolutionary theory methods to understand the development and the behaviour
of the political system. It suggests that political institutions, ideas, and behaviour evolves over
time in response to the changing environment (social or political environment) and human needs
much like biological organisms.
- Key concepts:
1. Variation: Political systems and institutions exhibit a wide variety of forms and practices
across different societies.
2. Selection: Certain political practices and institutions are more successful than others, leading
to their persistence and spread.
3. Adaptation: Political systems adapt to changing environments including technological
advances, economical shifts and social transformations.
4. Complexity and Emergence: Political systems are complex and can give rise to new structures
and behaviours that were not explicitly desired.
5. Cultural evolution: unlike biological evolution, cultural evolution can occur rapidly and can
involve conscious choice and learning.

Historical developments of evolutionary theory -

• 19th Century: Foundational period: 859: Charles Darwin: theory of natural selection in “On
The Origin of Species” Herbert Spencer: popularised the concept of “social Darwinism”
Societies evolved from simple to complex forms
• Early 20th Cent: Institutionalism: to analyse how political institutions evolve over time.
Graham Wallas and Walter Bagehot: focused on the psychological aspect of politics and
evolutionary origin of social behaviour.
• Mid to late 20th Cent Behaviour revolution: emphasised individual behaviour and
psychological factors in political evolution focusing on empirical research and data
analysis.
• Systems theory: viewed political systems as complex and adaptive influenced by cybernetics
and ecology.
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 Contemporary Development:
- Cultural evolutionary theory: Cultural evolutionary theory examines how cultural practices,
beliefs, and norms evolve over time, much like biological traits in evolutionary biology. It
emphasizes the role of culture in shaping human behaviour and societal structures.
- Evolutionary psychology: Evolutionary psychology is a theoretical approach that seeks to
understand human cognition and behaviour through the lens of evolutionary biology. It posits
that many psychological traits are adaptations shaped by natural selection.
- Game theory and evolutionary model: Game theory is a mathematical framework for analysing
strategic interactions among individuals or groups. In the context of evolutionary biology, it
examines how individuals make decisions that affect their survival and reproductive success.

2. MARXIAN THEORY
• Socialism is a kind of economic and political practice, communism is a theory based on the
philosophy of Marxism
• Lenin first formed the communist party in the Soviet Union according to the philosophy of
Marxism.
• Utopia: it refers to an ideal situation. Thomas Moore put forward the idea of Utopia for the first
time.
• Communism is the theory of social and economic system in which there is no private ownership
and the means of production belong to all members of society.
• Socialism is a political and economic system that advocates that the means of production and
distribution shall be completely owned by the state that wealth should be equally distributed and
security and opportunity provided for all.
• Karl Marx, Evolution of Society- Primitive, Slave, Feudal, Capitalist, Communist.
• Between capitalist and communist society we can see the existence of socialist state.
• Marxian philosophers are always against the existence of social contract, so they’re against the
concept of a liberal state. Communism happens at the point of rejection of Capitalism.
• According to Marx, forces of production (including means of production and labour power)
provide form the base of all social relations.
• Base and Super Structure forwarded by Karl Marx- It is the two important term that is associated
with state and society formation.
In Marxism, these are the central points to understand how societies are organised and how social
change occurs
- Base structure- economic foundation of society consisting of means of production and the
relation of production. Base is the basic tenants in marxism to define a large structure.
- Super structure- it consists of the political, cultural and ideological institutions that arises from
and are shaped by the economic base.
• The interdependency of society existed with the interdependency of base and super structure.
• Evolutionary features of the Marxian state: It is attained from 3 important works Communist
Manifesto, Critique of the Gotha programme (social and democratic movements in Germany),
The State and Revolution (written by Lenin publishes in 1919)

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 - Historical Materialism: It is material conditions and economic factors that primarily shape
society’s development. The state is viewed as a superstructure that arises from the economic
base which consists of the relation of production and the force of production.
- Class struggle: According to Marx, history has a series of class struggle. He showed change
always based on class struggle. Marxist view of history has a series of class struggles between
oppressors and the oppressed such as between the bourgeoise (capitalist class) and the
proletariat (working class).
Marxian state: The state is seen as a tool used by the ruling class to maintain control and
suppress of the working class through exploitation.
- Instrument of Class domination: According to Karl Marx, the state functions as an instrument
class domination serving the interest of the ruling class. It enforces laws and policies that
perpetuate the existing economic system and the power dynamics within.
- The State an Ideology: The state disseminates (spreading) ideology that legitimises the
existing social order and obscure the exploitation of the working class. This ideology helps to
prevent rebellion by convincing the proletariat that, the current system is natural or inevitable.
- Revolution and the State: Marxism argued that the proletariat must overthrow the capitalist
state through revolution to establish a dictatorship of the proletariat. This transitional state
(socialist state, communism doesn’t see the existence of state however during this transitional
period the state that existed could be seen as a socialist state) aims to dismantle the structures
of capitalism and eventually create a classless and stateless society .i.e. communism.
- The withering away of the State: In a communist society, the state will within away because
there will be no class antagonism that requires state enforcement. The dissolution of the state
will occur as a result of the abolition of private property and the establishment of common
ownership of means of production.

**Already done in socio- don’t need to do again

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 Hindu Concept of State
*Expect 2m from this area/or max 5m
• It is derived from various texts including Vedas, Upanishads, Dharmashastras, Arthashastra, and
even epics like the Mahabharata and Ramayana.
• Two important persons: Manu and Kautilya.
• It’s a moral and ethical responsibilities of the rulers and citizens.
• Elements of Hindu Concept of State:
- We can find nearly 20-25 elements but we have reduced it to 8.
- First one is Dharma (Duty and Law); Central principle of Dharma is governing the state and
emphasising both the moral and ethical responsibilities of both rulers and citizen. It represents
the cosmic law and order.
Role of the King- Protector of Dharma
- The Second element is Raja (the King): Divine authority: which means he is considered the
divine representative on earth, his authority is derived from the God. He is not above Dharma.
Raja Dharma (duties of the king): Maintaining social order, protecting the kingdom, ensuring
propensity, and upholding justice.
- The Third element is ArthaShastra (science of politics and economics): Political treaties
attributed to Kautilya AKA as Chanakya is a key text outline of state craft and economic
policy.
It emphasises Realpolitik: practical and strategical governance.
- The Fourth element is Varna system (related to social hierarchy): Brahmins, Kshatriyas,
Shudra and Vaishyas and each varna has duties and responsibilities.
- The Fifth element is the Council of Ministers and Advisors: Advisory role and collective
governance
- The Sixth Element is Justice and Law Enforcement: State is responsible for enforcing law
and ensuring Justice through a system of courts and legal procedures.
The concept of Danda (which means punishment): It is the central aspect to maintain order.
- The Seventh Element is Welfare of the People: The King is expected to prioritise the welfare
of his subjects ensuring economic prosperity, social harmony, and protection from external
threats.
- The Eighth Element is Spiritual and Temporal Authority: The King acting as both political
leader as well as the moral guide of his subjects. Here religion and politics is closely
intertwined .I.e. religious principles guiding political decisions.

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 Gandhian View of State and Liberalism

1. GANDHIAN VIEW OF STATE

• Gandhi was a prominent face in the freedom movement of India. Since he played, such an
important role in our freedom struggle, we consider him as “father of the nation.”
• He considered that a state mechanism always hindered individual freedom. He always believed
in Individual freedom and therefore he was against any kind of form which would hinder this.
• Only state has a clear authority to use violence- State power always associated with violence.
Gandhi views state as a violent, oppressive, and immoral institution which does not have any
kind of morale.
• State was based on false and concentrated violence. According to Gandhi, the overall impact of
State on the people is harmful.
• He referred to the state as a soulless machine.
• He was suspicious about the political power of the state which he believed destroyed
individuality.
• So, Gandhi wanted to replace the existing state with an ideal state (in his view).
• Gandhian ideal state is associated with: (all of this should be cooperated together)
1. Satyagraha
2. Swaraj
3. Individual politics
4. Morality
• Gandhi always necessitated the need for a central form of government but didn’t want it like the
western form of democratic government. He wanted the state to carry out the will of his people
and not regulate his subjects.
• His concept of ideal state:
- Non-violent body
- He kept his faith on spiritual democracy
- He envisioned a society that was fundamentally different from modern nation state. He
focused on spiritual understanding of values over material and political ideologies.

• Major characteristics of an Ideal state by Gandhi:

- State is a means and not an end: State came into being for the betterment of individuals.
Individual can not sacrifice for the state. If the state does any wrong , the individual can be
justified in opposing it through non-violent and peaceful methods.
- Limited function of the state: He opposed the idea of concentration of power in the hands of
state. He was in favour of minimum interference of the state in the life of the individual.
“Government is the best which governs the least” to support this idea he proposed local-self
government ideas .i.e. de-centralisation of power.
- Administrative structure: Gandhi always associated state with village economy, He wanted it
to prominent. Human must be the nucleus factor in democracy. Village would be primary
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 where management would be carried out by the panchayat.
*Gandhi saw Jail as a hospital and Criminals as the patients: the state should try to cure these
criminals make them more responsible citizens.
- Secularism: There should not be any state religion. Each region should be given equal respect.
Religion is the personal affair of the individual and the state has no right to interfere.
- Democratic System: He favoured the establishment of a representative democratic system and
advocated that the majority of the state should take the minority along with it.
- The Right to Contest in Elections: The right to contest in elections should be awarded only
to those person who prove their spirit of sacrifice and service and the right to vote should be
given to those people who themselves laboured to earn their livelihood.
- Economic and Political Decentralisation:
Economic decentralisation: Small-scale and cottage industries
Political decentralisation: Panchayat with maximum powers and autonomy
- The Varna System: He was a critique of Varna system in general but he favoured it in
another way. His point was each individual should try to adopt the profession of his
forefathers, this will lead to professionalism and this will eliminate unnecessary economic
competition among people.
He wanted to:
(a) Dismantle the caste system
(b) Eradicate untouchability
- Educational and Cultural:
(a) Education must be intellectual, moral, and spiritual preparing individuals to be responsible
citizens.
(b) He wanted to emphasise preserving cultural traditions, promoting a sense of identity and
community while being open to positive change.
- Environmental Harmony: Living in harmony with nature, promoting environmental
sustainability, and conservation as a fundamental principle.

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 2. LIBERAL VIEW OF STATE

- The seeds of liberalism were planted in England with the formation of Magna Carta (1215),
which is a royal charter of rights agreed to by King John of England.
- Liberalism traces its origin back to John Locke and Thomas Hobbes.
John Locke made an analytical argument of individual consent.
They raised the question- what makes a government legitimate?
- Liberalism is founded on the belief that individual freedom should be the basis of a just society.
- The highest god of government is ensuring the right of an individual person to life, liberty and
property.
- The main concern of liberalism is to construct institutions that protect individual freedom by
limiting and checking political power.
- Importance of Free Speech can be considered as one of the main values of liberalism because JS
Mill observed that people need to explore, express, and interrogate all believes and arguments.
- Liberalism is a theory of reforms, for it has stood for reforms in economic, social and political
fields. It is a theory of liberty, individual liberty, individual autonomy, for it has argued in favour
of the development of human personality. It is a theory of democracy, for it has favoured
constitutional government, government based on the consent of the people, rule of law,
decentralisation, free and fair elections.

Features of Liberalism
- Individual Liberty : Liberalism is essentially an ideology of liberty. Its love for individual liberty
is unquestionable. It has become libertarianism. For the liberals, liberty is the very essence of
human personality. It is a means to one’s development.
- Individual-centred theory : Liberalism begins and ends with individual. For liberals, individual is
the centre of all activities, the focal point; individual is the end while all other associations,
including the state, are the means, which exist for the individual. individual is the centre around
which all things move.
- Capitalistic Economy : Liberalism advocates free-market economy, i.e., the capitalistic mode of
economy. It believes in private property system, regarding property rights as sacrosanct;
maximum profit as the only motive; capitalistic mode of production and distribution as the only
essence; the market forces as the controlling means of economy.
(Also talk about Laissez Faire- French word meaning leave alone; Developed by classical
liberalists in the eighteenth century; Placed individual at the centre of its philosophy; Argued that
the individual is endowed with the faculty of reason which enables them to find work most
conducive to their interest; Advocated individual’s right to freedom of trade, contract, enterprises
and to bargain; Emerged after industrial revolution: suggested that an economy is strongest when
there is least government interference; State is a necessary evil; State imposes regulation and
restriction on individual freedom; However it is necessary because without its regulation the
freedom of individuals cannot be safeguarded)

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 - Limited State : Liberalism advocates the concept of limited state. The liberals view the state as a
means for attaining the good of the individual. They oppose every type of totalitarian state. They
are of the opinion that a more powerful state means a less free individual. Locke used to say,
“because the functions of the state are limited, so are limited its powers.”
- Opposed to Traditions/Superstitions : As liberalism rose as a reaction against traditions/
superstitions, it is, by its nature, opposed to all reactionary measures. Liberalism, emerging from
Renaissance and Reformation, stood, and actually stands, for reason and rationalism. As against
the feudal model of man as a passive being, liberalism favours a model of man who is more
active and more acquisitive.
- Democracy : Liberalism is an exponent of democratic government. It seeks to establish a
government of the people, by the people and for the people; a government that functions
according to the Constitution and constitutionalism; a government that upholds the rule of law; a
government that secures rights and liberties of the people. Liberalism, McGovern says, is a
combination of democracy and individualism.
- Welfarism : Liberalism is closely associated with welfarism. Welfarism, as a state activity, is the
idea that state works for the welfare of the people. The liberal concept of state activity is one
where the state serves the people. In other words, the welfare sate is a ‘social service’ state

18

 Sovereignty
The word sovereignty is derived from the Latin word "superanus" which means supreme or
paramount. Although the term sovereignty is modern, the idea of sovereignty goes back to Aristotle
who spoke of the "supreme power of the state". In its technical form, it was first used by the French
writer Jean Bodin in his book 'Republic'.
According to Bodin, "sovereignty is the supreme power of state over citizens and subjects
unrestrained by law."
Sovereignty is the most important characteristic which distinguishes the state from all other
organisations. The state is supreme and it is above all individuals as well as associations. In one
word, we can say sovereignty denotes the supremacy of the state internally and externally. Hence,
the concept of sovereignty is one of the most fundamental concepts in the study of political science.
Without sovereignty, the state cannot do anything with the population, government or territory. The
term sovereignty is always associated with the state. It is the utmost factor belonging to the state
condition. All settings are associated under the major platform of sovereignty and thus it remains as
the main omnipotent factor of the state.

Definitions
1. Bodin: "Sovereignty is the supreme power of state over citizens and subjects unrestrained by
law."
2. Hugo Grotius: "Sovereignty is the supreme political power vested in him whose acts are not
subject to any other and whose will cannot be overridden."
3. Burgass: "By sovereignty I understand the original, absolute, unlimited universal power over
the individual subject and all association of subject. It is underived and independent power
to command and compel obedience."
4. Willoughby: "Sovereignty is the supreme will of the state."
5. Duguit: "Sovereignty is the commanding power of the state; it is the will of the nation
organised in the state, it is the right to give unconditional orders to all individuals in the
territory of the state."
6. Woodrow Wilson: "Sovereignty is the daily operative power of framing and giving efficacy
to the laws."

Attributes and Major Ideas of Sovereignty

Major Ideas of Sovereignty:
1. Supremacy: Sovereignty implies that the state holds the highest authority within its
territory. No other entity or individual can challenge this authority without facing
consequences.
2. Independence: A sovereign state operates independently from external powers, making its
own laws and policies without outside interference.
3. Legitimacy: Sovereignty is recognized both domestically and internationally. A state must
be acknowledged by other states to fully exercise its external sovereignty.
4. Authority: Sovereignty grants the state the power to enforce laws, collect taxes, and
maintain order within its territory.
5. Permanence: The concept of sovereignty is enduring; it persists as long as the state exists,
unaffected by changes in leadership or government structure.

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 Attributes of Sovereignty:
According to various political theorists, including Dr. Garner and Harold Laski, sovereignty
possesses several key attributes:
1. Permanence: Sovereignty lasts as long as the state exists; it is not diminished by changes in
government or leadership. Example: The phrase "The King is dead; long live the King"
illustrates that sovereignty remains intact despite changes in monarchy.
2. Exclusiveness: The sovereign power is exclusive to the state; no other authority can claim
jurisdiction over its territory. This exclusivity ensures that all laws and policies are derived
from the state's authority.
3. All-Comprehensiveness: Sovereignty encompasses all aspects of governance, including
legislative, executive, and judicial powers. It allows the state to regulate various facets of
life within its jurisdiction.
4. Inalienability: Sovereignty cannot be transferred or surrendered without undermining the
very existence of the state. This attribute emphasises that a state cannot alienate its
sovereign power without self-destruction.
5. Unity: A sovereign state operates as a unified entity; all parts must recognize the central
authority. Unity is essential for maintaining order and coherence within the state's
governance structure.
6. Imprescriptible: Sovereignty cannot be lost through non-use or neglect; it remains inherent
to the state. This means that even if a state does not actively exercise its sovereignty, it still
retains that power.
7. Indivisibility: Sovereignty is indivisible; it cannot be split among different authorities or
levels of government. This characteristic reinforces the idea that ultimate authority resides
with a single sovereign entity.
8. Absoluteness or Illimitability: Sovereign power is absolute and not subject to any higher
authority. This attribute allows states to legislate without restrictions imposed by external
forces or previous governments.
9. Originality: The concept of sovereignty is original to each state; it emerges from the unique
historical, cultural, and social contexts of that state. This originality contributes to the
diversity of governance structures across different nations.

Monistic Theory of Sovereignty

The monistic theory of sovereignty primarily asserts that sovereignty is a singular, absolute power
vested in a specific authority, typically the state. This theory has its roots in the works of political
philosophers such as Thomas Hobbes and is most notably articulated by John Austin.
The concept of sovereignty evolved during times of political upheaval in Europe, particularly
during the crises of monarchy in France and England. Thinkers like Jean Bodin emphasized
centralised authority to combat feudal fragmentation and religious conflicts
• This theory proposed that the state is the only source of sovereignty in a given territory. This
is the classic form of sovereignty.
• The monistic theory is also known as the single theory, absolute theory, or non-pluralistic
theory.
• John Austin is an eminent English jurist who explained the monistic theory or legal theory
of sovereignty.

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 Key Features
1. Centralised Authority: Monistic theory posits that sovereignty resides in a determined human
superior, meaning there is one clear authority that commands obedience from the society. This
authority is not subject to any higher power or competing sovereigns, establishing a clear
hierarchy within the state
2. Absolute Power: The sovereign's power is considered absolute, indivisible, and unlimited. This
means that the state has ultimate control over its territory and subjects, without any internal or
external limitations on its authority
3. Habitual Obedience: The legitimacy of the sovereign comes from the habitual obedience it
receives from the populace. The state's commands are viewed as laws, and compliance is
expected from its citizens
4. Legal Framework: According to Austin, all laws are commands issued by the sovereign to the
members of society, reinforcing the idea that law and sovereignty are intimately linked. This
view aligns with legal positivism, where sovereignty is derived from established legal rules and
institutions.

Pluralistic Theory of Sovereignty:

Pluralistic theorists sought to rede ne the nature of the state. Rather than viewing it as the sole
authority, they argued that the state is one of many associations that operate within society, each
with distinct roles and purposes. These theorists posited that the state should be seen as a
coordinating entity that harmonises the interests of various associations, rather than asserting
exclusive control.

Key Philosophers and Their Contributions

The pluralistic theory is associated with prominent philosophers:
- Harold Laski: Emphasized that absolute power vested in the state threatens individual liberty and
societal growth.
- Robert MacIver: Distinguished between the state and other forms of social organization,
asserting that the state should serve as an arbiter among them.
- Léon Duguit and Ernest Barker: Questioned the state's omnipotent role, advocating for a model
where the state shares authority with other societal associations.

Flexibility and Legal Pluralism: Unlike traditional sovereignty theories, which emphasise rigid,
centralised control, pluralistic sovereignty is inherently exible. It introduces the concept of legal
pluralism, acknowledging the existence of multiple legal authorities and sources of law within
society. This approach encourages cooperation and adaptability, where the power of the state is
shared with regional and local authorities.

Key Features of Pluralistic Theory of Sovereignty

- Multiple Centres of Authority: Pluralism asserts that there are several centres of authority within
society, including families, religious groups, economic entities, and political organisations. The
state is merely one of these, and its authority is neither exclusive nor absolute.
- Legal Pluralism: This theory recognises that multiple forms of law can coexist within a society.
Laws may arise from different authorities and serve various interests, all contributing to societal
governance.
- Shared Sovereignty: Rather than monopolising power, the state shares sovereignty with other
social institutions. This decentralisation enables a more inclusive governance structure,
representing a variety of interests.

21

fi
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 - Power and Authority in Society: Power is distributed among various groups and institutions,
which limits the state’s monopoly on authority. This shared power structure reduces the potential
for authoritarian control and enhances democratic values.
- In uence of International Law and Organisations: The pluralistic view also acknowledges the
in uence of international law and organisations. In the modern world, the power and autonomy
of states are increasingly shaped by supranational entities and global norms.

Basic Principles of the Pluralistic Theory

- State as One of Several Human Associations: Pluralistic theorists argue that the state is just one
of several associations that serve society’s interests. It should function alongside other entities
that represent different aspects of human life, such as religious, cultural, and economic
organisations.
- Coordinator Role of the State: The state should harmonise the activities of various societal
members rather than dominate them. By coordinating and mediating, the state enables a balanced
power structure that respects the diversity of society.
- Moral Responsibility and Authority: For the state to claim authority legitimately, it must act with
moral responsibility toward society. Its authority should re ect the collective will and interests of
the people rather than imposing control unilaterally.
- Distinction between State and Government: Pluralists also distinguish between the state and the
government. While the state is a broader concept encompassing society’s collective organisation,
the government is merely one aspect of this structure. This distinction further reinforces the
pluralistic notion of shared power.
- Authority Derived from the Will of the People: In a pluralistic framework, the state’s authority is
derived from the people’s will. This democratic principle ensures that power is not centralised
but instead re ects the society’s diverse interests.

22

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 Module 2: Law, Liberty, Equality, Justice, Rights and Duties:
their interrelationship;
Law – meaning, sources and kinds;
Liberty – meaning and types;
Equality - meaning and dimensions;
Justice – meaning, types and importance - contribution of
Plato and John Rawls – concept of Social Justice -
Rights and Duties - meaning, types and interrelationships;
various theories of Rights –
concept of Human Rights.

23

 Law- Meaning, Sources and Kinds
It is difficult to give an exact definition of law. Laws have different meanings at different
times. It prescribes the general conditions of human activity in the state. It refers to body of rules
which regulate and guide human conduct in various spheres of state and individual activities. It is a
body of principles recognized and applied by the state through a set of institutions. They are
virtually commands, ordering or prohibiting certain actions and affect everyday life and society in a
variety of ways. The policies of the state are expressed through law and disobedience to
laws involves punishment
The term law is derived from the old Teutonic root ‘lag’ which means something which lies fixed.
In English language the term law is used to denote something which is uniform. The Oxford
dictionary defines law as "a rule of conduct imposed by an authority".
Some of the definitions of law are as follows:
1. Woodrow Wilson: "law as the portion of that established thought and habit which has gained
distinct and formal recognition in the sphere of uniform rules backed by the authority and power
of the government.
2. John Austin: "law as a command of a sovereign who receives habitual obedience from the
people living within his jurisdiction”.
3. Holland : "A law is a general rule of external human action enforced by a sovereign political
authority “.
4. Salmond: " Law is a collection of the rules which the state recognises and applies in the
administration of justice”.
5. T.H.Green: "The law is a system of rights and obligations which the state enforces”.
6. Pound : " The law constitutes body of principles recognised or enforced by public and regular
tribunals in the administration of justice”.
7. Krabbe : "Law is the expression of the judgements of value which we human beings make by
virtue of our disposition and nature”.
From the above definitions there are certain characteristics of law:
- Law is concerned with the external actions of the people.
- Law is definite and is universally applicable.
- Law is enforced by the supreme authority of the state.
- Law is essential for maintaining peace and order in the state.
- Violation of law is a crime and is punishable
- Law is concerned with the external behaviour of man.
- Obedience of law is compulsory .
- Law is meant for the welfare of all

24

 SOURCES OF LAW.
According to Holland , Customs ,Religion , Equity , Judicial Decisions, Scientific Discussion and
Legislation are the major sources law.
1. CUSTOMS: Customs play a decisive role in the framing of the laws. It is the earliest source of
law and play an important role in the growth of laws. Most of law spring from
the customs and are recognised by the state. In every society people observe certain
common rules of conduct. These rules of conduct are popularly known as customs. It may be
defined "as a body of rules universally accepted and followed due to their utility". When the
state came into existence it recognised some of the customs and these acquired the status of law.
2. RELIGION: In primitive society religion played a decisive role in the framing of laws. Like
customs religion has been the earliest school of law. It highly influenced and regulated the
social conduct of the people. With the passage of time , the religious principles went deep into
human psychology. The modern jurists had to incorporate the religious principles in the body of
law. In India we can got the Hindu Law based on the Code of Manu, the Mohammedan
Law based on Quran and the Christian Law based on the Bible. In ancient India, it was the
duty of the King to uphold Dharma and the source of the Dharma was the Vedas.
3. EQUITY: Another source of law is equity. It means fairness or justice. Judges in every country
have contributed a lot towards the process of law making .They make new laws in the course
of their judicial decisions. Sometime a case about which existing laws are silent may come up
before a judge. In such case , he will give his judgement by consulting his own sense of justice
and fair- play. In the words of Gilchrist ," Equity is an informal method of making new law or
altering old law, depending on intrinsic fairness or equality of treatment”.
4. JUDICIAL DECISIONS OR ADJUDICATIONS: Judicial decisions play an important role in
the framing of laws . Gettell said that the state “ arose not as the creator of law but as the
interpreter and enforcer of custom". The function of the Judge is to interpret and declare law.
Through its interpretations , the Judge makes new laws and later on recognised by the state. In
this way judicial decisions are another source of law.
5. SCIENTIFIC COMMENTARIES: Scientific discussion and commentaries are the another
source of law. The commentaries or writings of great jurists sometime become the important
source of law . They are valuable for the lawyer and judge. It is referred during the discussions
of a particular case in a court of law." It provides the basis for new law , not the new law
itself" Firstly the commentary appears for the convince of argument, but later on which
the authority is recognised and it becomes law. For example the commentaries of
Blackstone and Coke greatly influence to British legal system.
6. LEGISLATION: Legislation is the modern and most important source of law especially in
democratic countries. Legislature constantly repeals and amends the old laws which are
outdated. It makes new laws to meet the requirements of time. It is absorbing other sources of
laws. Hence in the words of Woodrow Wilson "All means of formulating laws tend to be
swallowed up in one great, deep and broadening sense, legislation". Gilchrist says "it is the chief
source of law and is tending to supplant the other sources. Customs and equity are both largely
replaced by legislative acts. The codification of law tends to narrow down the field of
judicial decisions as a source of law and scientific commentaries are used merely for
discussions”

25

 KINDS OF LAW
1. International Law: It is a body of rules which governs the relationship among independent
sovereign states. These laws are not framed by any sovereign law making authority nor is any
sovereign authority to enforce them. These laws are meant for regulating the conduct of various
state in the world.
2. National or Municipal Law: It is the body of the rule interacted by the state and governs the
rights and duties of the citizen towards each other and towards the state within the
municipal boundaries. While International Law is the law between the states, National or
Municipal Law is the law within the state.
3. Public Law: It is the law which determines the relationship between the state and the citizens.
According to Holland, "the public law is concerned with the organisation of the state , the limits
on the functions of the government and the relation between the state and the citizens”
4. Private Law: It is the body of rules which governs the relationship of people
among themselves. It regulates and determine the relations of citizens to one another. In the
words of Holland," the parties concerned the private individuals above and between whom
stands the state as an impartial arbiter”.
5. Constitutional Law: It is the supreme law of the land . The laws that define, interpret and
regulate the functions of the government are known as Constitutional Law. It is through these
laws that various organs of the government are regulated and relation between the state and
citizens are established. It may be written or unwritten and usually enacted by a
constituent assembly setup for framing the constitution.
6. Ordinary Law: The Ordinary Law is framed by the government as the part of national law by
which the relations of individuals are determined. It is permanent in nature and considered to be
the part of the law of the land.
7. Administrative Law: Administrative Law is the part of public law which regulates the conduct
of public officials in discharge of their duties. Administrative Law determines the mutual rights
and duties of public officials and the citizens. This law is not administered by the the ordinary
courts but by the administrative courts. In the words of Dicey, Administrative Laws interpret the
office and the responsibilities of government servants.
8. Common Law: Common law is based on customs, traditions, and usages. They are recognised
and enforced by courts in England. When this common law attain in written form it is known
as civil law.

26

 Liberty- Meaning and Types

The term liberty is derived from the Latin word ‘liber’ which means free. It has been defined in
various ways The centre theme of liberty is the absence of all restraints and freedom to do whatever
one likes. But it is not possible to have such a liberty while living in society. Man is a social
animal and he is living in society. He must , therefore , adjust his liberty with due regarding to the
liberty of others. Regulation of human conduct and behaviour is indispensable in social life. The
fundamental maxim of liberty is that law is the condition of liberty. Prof. Barker has pointed out
that just as the absence of ugliness does not mean presence of beauty, so the absence of all
restrains does not mean the presents of liberty. Freedom is a very precious condition without
which neither the state nor the individuals can make any progress.

Definitions
1. G.D.H Cole defines liberty “as the freedom of every individual to express without external
hindrance in his personality.”
2. Prof.Seeley defines liberty “as the absence of restraints or the opposite of over government.”
3. Herbert Spencer --“Liberty is the freedom to do whatever one likes provided it does not injure the
feelings of others.”
4. Gandhi -- "Liberty does not mean the absence restraint but it lies in development of
Liberty.”
5. ’Liberty' According to Burns, "means liberty to grow to one's natural height, to develop
one's abilities”.
6. Harold Laski maintains, "without rights there cannot be liberty because, without rights , men are
the subjects of law unrelated the needs of personality

NATURE OF LIBERTY
- Negative Concepts of liberty: Berlin defines Negative Liberty as a freedom from interference
from others. It means absence of unreasonable restraints. Simply negative liberty means, the
absence of coercion by individuals or institutions over interference into the private sphere of an
individual. It assures dichotomy between two areas of activity , the area of public authority and
area of private life. How wider or narrow are the two respective areas is a matter of
discussion and determined by social and economic circumstances. Liberty is wider and
activity is also wider if interference from others is minimum. Liberty alone can enable a person
to develop his personality . The state should guarantee only non-interference by one with the
other. So far as the choice of the individual is concerned, he must be his own master. The
individualist school of thought was the main supporter of negative concept of liberty.
The major exponents of negative concept of liberty are J.S.Mill, Herbert Spencer , Bentham,
Smith etc.
- Positive Concepts of Liberty: Positive concept of liberty means that the state creates positive
conditions for a good life. It demands conditions which are essential for self development of the
individuals. Every individual must enjoy the benefit of social life. In the words of Laski ,"
liberty means the eager maintenance of that atmosphere in which men can have the
opportunity to be their best selves". Thus positive concept of liberty means the removal of
hindrances from the way of good life and the creation of equal opportunities for all. All the
modern democratic states have more or less accepted this positive concept of liberty. Positive
concept of liberty was advocated by Laski, T.H. Green, Kant, Hegel.

27

 KINDS OF LIBERTY
1. Natural Liberty: Natural liberty is generally identified with unlimited and unrestricted freedom.
Natural liberty according to Hobbes, is the absolute right of man in the state of nature to all
things including the right to kill other man. In the social life no man enjoys natural
liberty since he is subject to regulations and rules named by the government and moral
pressures of society. The advocates of natural liberty hold that man is free by nature and that it is
civilisation, which is responsible for his bondage. Rousseau was the chief exponent of the
concept of natural liberty, and natural liberty existed in that state of nature. He says men lost
his natural liberty with emerges of the state or civil society.
2. Civil Liberty: Civil liberty implies freedom enjoyed by the people in civil society. Civil liberty
is created by the civil rights guaranteed by the state. The more the civil rights, the
more the civil liberty.According to Gettle ,"civil liberty consists of the rights and privileges
which the state creates and protects for its subjects". It is manifested in concrete terms in rights
such as the right of freedom, the right of life, freedom of speech and expression, property,
association, education etc.
3. Political Liberty: Political liberties are based on the political rights of an individual and is the
freedom to participate in the political life and affairs of the state. Political liberty is essentially
associated with democracy and it makes a state into a democratic one. Without political liberty
neither the state can be democratic nor the individual can enjoy full civil liberties. The two
essential conditions necessary for the existence of political liberties are education and free
press. It consists of the right to vote, right to stand for election, right to hold public office and
the right to criticise the government.
4. Economic Liberty: Economic liberty implies that the basic necessities of life should be assured
to everybody . It means absence of economic disparities , exploitation , insecurity,
unemployment and starvation. Economic liberty is said to be the mother of all other liberties.
Civil and political liberties become meaningless in the absence of economic liberty. In his
book' Grammar of Politics', Prof: Laski defines economic liberty thus: "By economic liberty, I
mean security and the opportunities to find reasonable significance in the earning of one's
daily bread“.
5. Moral Liberty: Moral liberty implies the right of an individual to act according to his
conscience . It means the freedom of an individual to act as rational being. It is given an
opportunity to express and develop his personality. It is possible in a democratic state
and not in a totalitarian state. In totalitarian state people are expected to act according
to the orders of the government and not according to their inner conscience .
6. National Liberty: National liberty implies the liberty of the nation or the country. It exists
where the nation or the community is independent and sovereign. It means that, a nation
which is completely free from foreign domination. Every nation has a birthright to regulate
its national life as it likes. If a nation is under the control of others, no cultural, social, economic
and political developments are possible.

28

 Equality- Meaning and Dimensions

Equality, like liberty is one of the fundamental pillars of democracy. The American
Declaration of Independence in 1776 proclaims that "We hold these truths to be self -evident
that all men are created equal". The French Declaration of Rights of Man (1789) also
emphasises "Men are born , and always continue , free and equal in respect of their rights".
The Charter of United Nations also recognises equality in international sphere when it says :
"The organisation is based on the principles of sovereign equality of all its members”. Equality
means that all men are equal and should be entitled equal, opportunity and
treatment. It was the growth of individualism , that is responsible for the fresh interest in the issue
of equality. In the beginning , the focus of attention was equality by birth i.e. natural equality and
equality before law i.e. legal equality . In the 18th century liberalism that leads to socio- legal
equality and in the 19th century economic and political equality, gained momentum.

Definitions
1. " Equality does not mean the identity of treatment or the sameness of reward . If a brick -
layer gets the same reward as a mathematician or a scientist, the purpose of society will be
defeated. Equality, therefore, means first of all absence of social privileges. In the second place it
means that adequate opportunities are laid open to all" -LASKI
2. ”Equality is derived from the supreme value of the development of in each like and
equally , but each along its own different time and its own separate motion". - BARKER

29

 DIMENSIONS/ KINDS OF EQUALITY
1. Social equality: Social equality means that all citizens are entitled to enjoy equal status in
society and no one is entitled to special privileges. There may be rational distinction in
the society with regard to occupation and professions, but the feeling of inferiority and
superiority should not be attached to these. It stands for all should be treated equally in the eyes of
law, no discrimination on grounds of colour, caste, creed, sex, religion etc. , removal of social
stigmas like untouchability. On the 10th December ,1948. UNO, declared the charter of Human
Rights which laid stress on social equality.
2. Political Equality: Political Equality implies that everyone has equal access to the avenues of
power. All citizens whatever may be their differences in status , education and wealth should
have an equal voice in the management of public affairs and in holding public offices. Universal
adult franchise is the expression of political equality. All democratic countries are based the
principle of "one man , one vote , one value" is faithfully adopted. Equality of opportunity in
getting elected and in holding public office, freedom of expression and association and
rights to seek redressal of public grievances are the important pillars of political equality.
3. Economic Equality: Economic equality involves a certain level of income and removal of gross
inequalities of wealth. Economic equality is the prerequisite for the existence and enjoyment of
political, social and legal equality. It does not mean equal distribution of wealth, which is not
practical, but prevent the concentration of wealth in a few hands. Economic condition of an
individual essentially influences his political condition.
4. Legal Equality: Legal equality or equality before law is fundamental to legal justice. Legal
equality implies that all are alike in the eye of law and that are entitled to its equal protection. The
rich and poor, the high and low should all be treated alike. No distinction should be made between
man and man on the ground of social status , religious faith or political opinion. In short, Legal
equality or equality before law implies absence of discrimination. The Rule of Law is practiced in
the Great Britain and many other countries of the world.

30

 Justice- Meanings, Kinds, and Importance (Contribution of
John Rawls and Plato)
The term 'justice' is derived from the Latin word "justicia" which means joining or
fitting , or of bound or tie. The concept of justice has been analysed and defined differently by
philosophers, political thinkers , economists , sociologists and religious leaders. It has been
changing from time to time , depending upon the conditions and circumstances prevailing in each
age. It has to coordinate and draw a harmonious balance between rights and duties of the people
living in the society. It is connected with the moral, social, economic, political, and
legal relations of an individual with others. According to John Rawls ,"Our justice of the social
scheme depends eventually on how
fundamental rights and duties are assigned and the economic opportunities and social conditions in
the various sections of society". Thus, the theory of justice has two meaning, broader meaning and
a narrower meaning. In the broader meaning, there are two views- (a) justice is an eternal or
absolute concept and (b) relative concept - differs from society to society.
In the narrow meaning of justice is associated with a legal system and legal process in a
society. In this sense, it is related to the settlement of disputes through judicial bodies.

Definitions
1. "Justice consists of a system of understanding and procedures through which each in accorded
what is agreed upon as fair”. - Charls Marriam
2. “Justice is the reconciler and the synthesis of political values; it is their union in an adjusted
and integrated whole” - Barker
3. " from each according to his capacity , to each according to his need" - Saint Simon
4. " All social primary goods - liberty and opportunities , income and wealth and the basis of self
respect - are to be distributed equally unless an un equal distribution of any or all of these goods is
to be advantage of least favoured” - John Rawl

KINDS OF JUSTICE
1. Legal Justice: This is the narrow concept of justice and is associated with the legal system and
the legal procedure existing in the society. The court of law interpret the law and apply the law
after hearing the parties involved in a dispute. Here , justice is what is administrated by the court
of law and the interpretation of the Judge is considered as an embodiment of justice. Justice in the
legal sense requires the following conditions.
a. Just and reasonable non- discriminatory laws.
b. The administration of justice by free and independent courts.
c. Inexpensive judicial process.
d. Court procedure should be simplified and avoid delay in justice
e. There should be a Rule of Law in the country.

2. Political Justice: Political Justice stands for a free and fair participation of people in the
political sphere. Universal adult franchise is the expression of Political Justice. All liberal
democratic countries are based the principle of "one man , one vote , one value" is faithfully
adopted. Political institutions should be representative in character. Equality of opportunity in
getting elected and in holding public offices, freedom of expression and association and
rights to seek redressal of public grievances are the important pillars of political justice.

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 3. Social Justice: The concept of Social Justice is based on the belief that all human being are equal
and that no discrimination should be made on the ground of race, religion, caste, sex, or place of
birth. It has three implications.: (a) equal social opportunities (b) special attention to weaker
sections. (c) removal of social evils

4. Economic Justice: Economic justice implies non-discrimination between man and man on the
basis of economic viability. It stands for by assuring adequate means of livelihood to all, by
making provisions for adequate working conditions, for equal pay for equal work, fair distribution
of resources, equal economic opportunities to all people etc. The concept of economic justice was
emphasised by the socialistic thinkers.
5. Marxists view: Marxists believe that economic justice cannot be achieved unless private
property and capitalist control of production are abolished completely. They think that
economic rights and economic equality along can ensure economic justice. Further, they believe
that in the absence of economic justice , people cannot achieve legal, political and social justice.
Karl Marx emphasises economic justice with the guiding principle " from each according to his
ability, to each according to his needs”

IMPORTANCE:
Justice is a central concept in political science and is considered a fundamental moral value in law
and politics:
- Promotes liberty: Justice ensures that liberty is not curtailed without due cause and process,
which promotes physical freedom.
- Promotes freedom of thought and expression: A just political system allows for counterargument,
which promotes freedom of thought and expression.
- Protects from discrimination: Justice protects people from various forms of societal
discrimination.
- Balances personal interests and societal goals: Justice represents a balance between personal
interests and societal goals.
- Foundation of human living in order: Justice is the foundation of human living in order.
- Central to political theories: Almost all political theories of the ideal state presented by various
philosophers were based on the concept of justice.
- Central to civil rights movements: Civil rights eras are ultimately justification movements for
justice.
- Central to political debate: Justice is debated in all fields of politics.
- Central to moral lives: Justice is a central part of ethics and should be given due consideration in
our moral lives.

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 THE CONCEPT OF SOCIAL JUSTICE- Contribution of Plato and John Rawls
Plato and John Rawls present distinct approaches to social justice, each deeply influential in the
development of Western political philosophy.

- Plato’s Concept of Social Justice: In The Republic, Plato envisions a just society as one where
each individual performs the role suited to their natural abilities. His model is based on a
hierarchical society divided into three classes:
1. Rulers (Philosopher-Kings): Those best suited to govern, driven by wisdom and philosophical
insight.
2. Guardians (Auxiliaries): Individuals suited to protect society, embodying courage and spirit.
3. Producers (Artisans, Farmers, etc.): Citizens focused on fulfilling the material and economic
needs of society.
For Plato, justice occurs when each class performs its function without interfering in the duties of
the other classes. The rulers lead, the guardians protect, and the producers provide. He believes
that individual and social justice stem from the harmony between these classes, fostering a stable
and prosperous society.

- John Rawls' Concept of Social Justice: John Rawls, in his landmark work A Theory of Justice,
introduces the idea of "justice as fairness." His theory is built on two main principles:
1. The Liberty Principle: Each person should have an equal right to the most extensive set of
liberties compatible with similar liberties for others.
2. The Difference Principle: Social and economic inequalities are permissible only if they benefit
the least advantaged members of society and are attached to positions open to all under
conditions of fair equality of opportunity.
Rawls introduces the "original position" and "veil of ignorance" as hypothetical scenarios where
individuals, without knowledge of their own social standing, race, or personal characteristics,
choose principles of justice for society. This setup encourages the choice of principles that ensure
fairness, as no one would favour rules that benefit only a particular group.

- Key Differences
*Plato’s Justice as Harmony: Justice is achieved by everyone fulfilling their natural role, creating
societal harmony.
* Rawls’ Justice as Fairness: Justice is defined by equal basic liberties and fair distribution of
resources to uplift the disadvantaged, focusing on fairness and equality.
Both philosophers offer foundational views on social justice, but where Plato’s approach is
hierarchical and duty-based, Rawls emphasizes individual rights and equality in opportunities
and resources.

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 Rights and Duties

1. RIGHTS
The rights are essential for the adequate development of human personality and for human
happiness. Rights are the necessary conditions for the personal, social, economic, political,
mental and moral development of individuals. Rights are the social requirement of a social
man for the development of his personality and society at large. Laski defined rights as " those
conditions of social life without which he cannot seek, in general, to be himself at his best and
every state is known by the right if maintains”

Definition
1. “rights are nothing more an nothing less than those social condition which are necessary or
favourable to the development of personality”- Dr.Beniprasad
2.“right is a power claimed and recognised as contributory to common good” -T.H. Green
3. ”rights are those condition of social life without which no man can be his best self” -Pro. Laski
4. Rights as "the external conditions necessary for the greatest possible development of the
capacities of the personality” -Prof. Barker
5. “One’s natural rights are one's natural power” -Hobbes

VARIOUS THEORIES OF RIGHTS

Rights are fundamental entitlements that govern the relationship between individuals and the state,
ensuring basic freedoms and protections. Over centuries, philosophers and legal theorists have
developed diverse theories to explain the nature, origins, and purpose of rights. These theories range
from the idea of inherent natural rights, granted by virtue of human existence, to rights as legal
constructs created and enforced by governments.

1. Natural Rights Theory: The Natural Rights Theory is one of the oldest and most influential
theories of rights. Prominent thinkers such as John Locke and Thomas Jefferson advocate that
rights are inherent and universal, originating from human nature itself rather than government
or social convention. According to this theory, individuals are born with certain inalienable
rights that cannot be surrendered or taken away, including the right to life, liberty, and property.
Locke’s philosophy greatly influenced the American Declaration of Independence, which states
that individuals are “endowed by their Creator with certain unalienable Rights.” Thus, natural
rights are grounded in human dignity and are fundamental to moral and ethical human
interactions.
The core strength of the Natural Rights Theory is its focus on the universality and inalienability
of rights. By asserting that rights exist independently of government, this theory posits that
people have fundamental entitlements that demand protection. However, one criticism of this
approach is its ambiguity regarding the source of these rights—whether they are endowed by
nature, reason, or a higher power.

2. Legal (or Positive) Rights Theory: Legal or Positive Rights Theory, associated with thinkers
like John Austin and H.L.A. Hart, argues that rights are granted by laws created through societal
institutions, rather than existing inherently. According to this view, rights are not natural or pre-
existing; instead, they are privileges that arise from legal norms and structures within society. A
right exists because it is recognized, granted, and enforced by a legal system, making rights
contingent on state recognition.

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 This theory is significant in emphasizing the role of law in defining, enforcing, and restricting
rights. By placing rights within a legal framework, it ensures that they are subject to
interpretation, revision, and enforcement through institutions. However, a limitation of the
Legal Rights Theory is that it does not account for universal moral rights independent of state
power. In societies where governments may restrict freedoms, this theory does not inherently
provide individuals with protection from unjust laws.

3. Will Theory (Choice Theory): The Will Theory, also known as Choice Theory, focuses on
individual autonomy and freedom of choice. Herbert L.A. Hart is a prominent proponent of this
theory, which argues that rights exist to protect individuals’ autonomy and capacity to make
choices about their lives. Here, rights empower people, allowing them to exercise control over
their actions and relationships. Rights under the Will Theory serve as instruments to protect
individual liberty, emphasizing personal autonomy as a core human interest.
The Will Theory’s primary strength lies in its protection of autonomy, which resonates strongly
in democratic societies that value individual freedom. However, a common critique of Will
Theory is that it does not always account for vulnerable individuals who may lack the capacity
to exercise choice fully, such as children or individuals with certain disabilities. In such cases,
the theory might fall short in providing adequate protection for those unable to assert their
rights independently.

4. Interest Theory: In contrast to Will Theory, the Interest Theory, championed by philosophers
like Jeremy Bentham and Joseph Raz, argues that rights exist to promote the interests or welfare
of individuals or groups. A person has a right if that right benefits their well-being. This theory
aligns with utilitarian philosophy, positing that rights are justifiable based on their utility in
promoting social welfare and individual interests.
Interest Theory is beneficial in that it justifies rights based on the concrete benefits they
provide, often extending beyond individual autonomy to encompass broader social welfare.
However, the downside is that this theory can sometimes justify rights that serve collective
interests at the expense of individual freedom, potentially leading to rights being limited if
deemed not beneficial for societal well-being.

5. Marxist Theory of Rights: Karl Marx and Vladimir Lenin developed a radically different
approach, critiquing traditional rights theories as instruments that maintain capitalist power
structures. Marxist Theory contends that rights in capitalist societies reinforce existing class
structures and promote individualism over collective welfare. From this perspective, the true
realisation of freedom and equality requires dismantling private property and class distinctions,
thereby achieving collective ownership and social justice.
Marxist Theory of Rights shifts focus from individual entitlements to collective rights and class
equality, challenging the notion of private property as a fundamental right. While it aims for
social justice, critics argue that this theory’s emphasis on collective rights can conflict with
personal freedoms. The historical application of Marxist principles in socialist states has also
led to restrictions on individual rights, raising questions about its compatibility with democratic
values.

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 2. DUTIES
A duty is an obligation. As a member of society or state, the individual has to observe these
obligations of society. Rights and duties are related to each other. They are the two sides of
the same coins. They are the same conditions seen from different angles. The rights of one are the
duties of the other and vice versa. In the absence of duties rights become insignificant and duties are
fruitless in the absence of rights. If we have right to enjoy our rights, it is our cardinal duty to
perform our duties. If the state guarantees the enjoyment of certain rights to us, the state, at the
same time, wants us to perform certain duties also. Otherwise, we are punished. We have certain
moral duties to perform and certain legal duties which we are bound to perform.

- Moral Duties: Moral duties are those obligations which we should observe but we are not legally
bound to observe them. It is our moral duty that we should serve our parents, teachers, brothers and
sisters and the relatives. It is the moral duty of every one that he should lend a helping hand to the
poor and down-trodden. It is the moral duty of every individual that he should look after his family
and earn money by fair means. It is our moral duty that we should serve our village, our province,
nation and the world to all possible extents. China committed an aggression on India on 20th
October, 1962 and emergency was declared in the country. In 1965 and 1971 Pakistan committed an
aggression on India. At that time it was our moral duty to serve our country to our best abilities.

- Legal Duties: There is a marked difference between legal duties and moral duties. It depends
entirely on the conscience of the individual to perform moral duties or not to perform them. But an
individual is legally bound to perform legal duties. If he does not perform them, he will be
punished by the state. It is the legal duty of every citizen to show obedience to the constitution,
commands of law and pay taxes regularly and honestly. It is our legal duty to remain loyal to our
country. Traitors are tried by the Judiciary and are punished by the state. If the state recruits us in
army compulsorily at the time of emergency, it is our duty to join the army and make our best
possible efforts to defend the country.

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 3. RELATION BETWEEN RIGHTS AND DUTIES
1. Rights and Duties always go together: Rights and duties are closely related and cannot be
separated from one another. Both go side by side. These are the two sides of the same coin. If the
state gives the right to life to a citizen, it also imposes an obligation on him to not to expose his life
to dangers, as well as to respect the life of others. If I have a right to work and earn, it is also my
duty to recognise the same right of others.
2. Right of One is the Duty of Others: Rights can be enjoyed only in the world of duties. For every
right there is corresponding duty. When the people fail to discharge their duties properly, the rights
all become meaningless. “I can enjoy my rights only if the others allow me to do the same. I have
the right to life and it is the duty of others to respect my life and not to cause any harm to me.”
3. Rights of a Citizen also implies Duties for him: Rights are not the monopoly of a single
individual. Everybody gets these equally. This means that “others also have the same rights which I
have, and it is my duty to see that others also enjoy their rights.” Laski has rightly said that one
man’s right is also his duty. It is my duty to respect the rights of others as well as the duty to use my
rights in the interest of society.
4. Rights are to be used for Social Good: Rights originate in society. Therefore, while enjoying
rights, we must always try to promote social interest. It is the duty of every one of us to use our
rights for promoting the welfare of the society as a whole.
5. Duty towards the State: Since state protects and enforces rights, it also becomes the duty of all
citizens to be loyal to the state. It is their duty to obey the laws of the state and to pay taxes
honestly. Citizens should always be ready to defend the state. Thus a citizen has both Rights and
Duties. He enjoys rights and performs his duties. Rights and Duties are the two sides of the same
coin.

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 Concept of Human Rights
- Human rights are those moral rights that are morally important and basic, and that are held by
every human being because they are possessed in virtue of the universal moral status of human
beings.
- Human rights are one of the significant aspects of human political reality. It is the moral rights of
highest order. Human Rights are evolved out of self-respect. It is intrinsic to all humans without
any discrimination of race, sex, nationality, ethnicity, language, religion and colour etc.
- It received new shape when human beings began to think themselves. Each and every human
beings are entitled to these rights without any discrimination. Human rights comprise of civil and
political rights, such as the right to life, liberty and freedom of expression; and social, cultural
and economic rights including the right to participate in culture, the right to food, and the right to
work and receive an education.
- Human rights are protected and supported by international and national laws and treaties. The
UDHR was the first international document that spelled out the “basic civil, political, economic,
social and cultural rights that all human beings should enjoy.” The declaration was ratified
without opposition by the UN General Assembly on December 10, 1948. Under human rights
treaties, governments have the prime responsibility for proto shield and promote human rights.
However, governments are not solely responsible for ensuring human rights. The UDHR states:
“Every individual and every organ of society shall strive by teaching and education to promote
respect for these rights and freedoms and by progressive measures, national and international, to
secure their universal and effective recognition and observance.”
- In theoretical review, many theorists expressed their views about human rights:
*S. Kim construed that human rights are "claims and demands essential to the protection of
human life and the enhancement of human dignity, and should therefore enjoy full social and
political sanctions".
*According to Subhash C Kashyap, human rights are those “fundamental rights to which every
man inhabiting any part of the world should be deemed entitled by virtue of having been born a
human being”.
*Milne opined that “human rights are simply what every human beings owes to every other
human being and as such represent universal moral obligation”.
*According to Nickel, human rights are norms which are definite, high priority universal and
existing and valid independently of recognition or implementation in the customs or legal system
of particular country.
- Various definitions on Human Rights:
*The Protection of Human Rights Act 1993 describes” Human Rights mean rights relating to life
liberty, equality and dignity of the individuals guaranteed by the constitution or embodied in the
International Covenants and enforceable by courts in India.”
*The United Nation Centre of Human Rights defines Human Rights as “those rights which are
inherent in our nature and without which we cannot live as human beings”
*The Universal Declaration of Human Rights which adopted on 1948, states human rights as
“rights derived from the inherent dignity of human person”

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 - Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right
(1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the
Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today’s
human rights documents.
- The Magna Carta, or “Great Charter,” was debatably the most important early influence on the
extensive historical process that led to the rule of constitutional law today in the English-
speaking world. In 1215, after King John of England violated a number of ancient laws and
customs by which England had been governed, his subjects forced him to sign the Magna Carta,
which enumerates what later came to be thought of as human rights. Among them was the right
of the church to be free from governmental interference, the rights of all free citizens to own and
inherit property and to be protected from excessive taxes. It established the right of widows who
owned property to choose not to remarry, and established principles of due process and equality
before the law. It also contained provisions forbidding bribery and official misconduct. The
Magna Carta was a crucial defining moment in the fight to establish freedom.
- Another breakthrough in the development of human rights was the Petition of Right, produced in
1628 by the English Parliament and sent to Charles I as a statement of civil liberties. Rejection
by Parliament to finance the king’s unpopular foreign policy had caused his government to exact
forced loans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest
and imprisonment for opposing these policies had produced in Parliament a violent hostility to
Charles and to George Villiers, the Duke of Buckingham. The Petition of Right, introduced by
Sir Edward Coke, was based upon earlier statutes and charters and asserted four principles:
1. No taxes may be levied without consent of Parliament.
2. No subject may be imprisoned without cause shown (reaffirmation of the right of habeas
corpus).
3. No soldiers may be quartered upon the citizenry.
4. Martial law may not be used in time of peace.
- In 1789, the people of France brought about the abolishment of the absolute kingdom and set the
stage for the establishment of the first French Republic. Sometime later, the storming of the
Bastille, and barely three weeks after the abolition of feudalism, the Declaration of the Rights of
Man and of the Citizen (French: La Déclaration des Droits de l’Homme et du Citoyen) was
espoused by the National Constituent Assembly as the first step toward writing a constitution for
the Republic of France.
The Declaration decrees that all inhabitants are to be guaranteed the rights of “liberty, property,
security, and resistance to oppression.” It discusses that the need for law derives from the fact
that “the exercise of the natural rights of each man has only those borders which assure other
members of the society the enjoyment of these same rights.” Therefore, the Declaration sees law
as an “expression of the general will”, intended to promote this equality of rights and to forbid
“only actions harmful to the society.”
- In 1864, sixteen European countries and several American states attended a conference in
Geneva, at the invitation of the Swiss Federal Council, on the initiative of the Geneva
Committee. The diplomatic conference was held to adopt a convention for the treatment of
wounded soldiers in combat. The main ideologies laid down in the Convention and maintained
by the later Geneva Conventions provided for the obligation to extend care without
discrimination to wounded and sick military personnel and respect for and marking of medical
personnel transports and equipment with the distinctive sign of the red cross on a white
background.
- By 1948, the United Nation’s new Human Rights Commission had attracted global attention.
Under the dynamic headship of Eleanor Roosevelt, President Franklin Roosevelt’s widow, a
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 human rights winner in her own right and the United States delegate to the UN, the Commission
set out to draft the document that became the Universal Declaration of Human Rights. Roosevelt,
credited with its motivation, referred to the Declaration as the international Magna Carta for all
mankind. It was accepted by the United Nations on December 10, 1948. In its prelude and in
Article 1, the Declaration unequivocally proclaims the inherent rights of all human beings:
“Disregard and contempt for human rights have resulted in barbarous acts which have outraged
the conscience of mankind, and the advent of a world in which human beings shall enjoy
freedom of speech and belief and freedom from fear and want has been proclaimed as the highest
aspiration of the common people. All human beings are born free and equal in dignity and
rights.”
- The Member States of the United Nations promised to work together to encourage the thirty
Articles of human rights that, for the first time in history, had been assembled and codified into a
single document. As a result, many of these rights, in various forms, are part of the constitutional
laws of democratic nations in present situation.
- In nut shell, The written inventor to the modern human rights documents are the English Bill of
Rights (1689), the American Declaration of Independence (1776), the French Declaration of the
Rights of Man and Citizen (1789), the first Ten Amendments of the Constitution of the United
States (Bill of Rights 1791) and the Universal Declaration of Human Rights of UN (1948).

The Universal Declaration of Human Rights (UDHR), 1948, stated that human rights as “rights
derived from the inherent dignity of the human person.” Human rights when they are guaranteed by
a written constitution are known as “Fundamental Rights” because a written constitution is the
fundamental law of the state.
Characteristics of human rights:
- Human Rights are Inalienable: Human rights are deliberated on an individual due to the very
nature of his existence. They are innate in all individuals irrespective of their caste, creed,
religion, sex and nationality. Human rights are conferred to an individual even after his death.
The different rituals in different religions bear testimony to this fact.
- Human Rights are essential and necessary: Human rights are needed to maintain the moral,
physical, social and spiritual welfare of an individual. Human rights are also essential as they
provide suitable conditions for material and moral upliftment of the people.
- Human Rights are associated with human dignity: To treat another individual with dignity
regardless of the fact that the person is a male or female, rich or poor is concerned with human
dignity.
- Human Rights are Irrevocable: Human rights are irrevocable as they cannot be taken away by
any power or authority because these rights originate with the social nature of man in the society
of human beings and they belong to a person simply because he is a human being. As such
human rights have similarities to moral rights.
- Human Rights are essential for the fulfilment of purpose of life: Human life has a purpose. The
phrase “human right” is applied to those conditions which are essential for the fulfilment of this
purpose. No government has the power to curtail or take away the rights which are sacrosanct,
inviolable and immutable.
- Human Rights are Universal: Human rights are not a domination of any privileged class of
people. Human rights are universal in nature, without consideration and without exception. The
values such as divinity, dignity and equality which form the basis of these rights are inherent in
human nature.
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 - Human Rights are never absolute: Man is a social animal and he lives in a civic society, which
always put certain limitations on the enjoyment of his rights and freedoms. Human rights as such
are those limited powers or claims, which are contributory to the common good and which are
recognized and guaranteed by the State, through its laws to the individuals. As such each right
has certain limitations.
- Human Rights are Dynamic: Human rights are not stationary, they are dynamic. Human rights go
on expanding with socio-eco-cultural and political developments within the State. Judges have to
construe laws in such ways as are in tune with the changed social values.
- Rights as limits to state power: Human rights infer that every individual has legitimate claims
upon his or her society for certain freedom and benefits. So human rights limit the state’s power.
These may be in the form of negative restrictions, on the powers of the State, from violating the
inalienable freedoms of the individuals, or in the nature of demands on the State, i.e. positive
obligations of the State.

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 Module 5: Political participation, political parties, pressure
groups, public opinion:
Political participation – meaning, nature and importance
of political participation;
voting behaviour – factors in uencing voting behaviour in
India;
representation of minorities – Methods of ensuring
minority representation;
importance of elections in democracies; Need for electoral
Reforms in India;
Political Parties – Meaning and functions – types of
political parties – One party, Two party and Multi party
systems – Nature of party system in India;
Role of pressure groups in modern democracies;
Public opinion – meaning and importance – agencies of
formulating public opinion in modern period.

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fl
 Politcal Participation
Political participation refers to the activities undertaken by individuals or groups to influence
political outcomes and decisions. It is the mechanism through which citizens express their
preferences and play an active role in the decision-making process within a political system.
Participation can be formal, such as voting and holding office, or informal, including protests,
lobbying, or engagement in civil society organisations. Political participation is rooted in
democratic ideals, empowering citizens to influence policies and hold representatives accountable.

Nature of Political Participation

Political participation is diverse and multi-faceted, encompassing both direct and indirect forms of
engagement. Some key aspects of its nature include:
1. Forms of Participation:
- Conventional Participation: This includes established and institutionalised methods, such as
voting, joining a political party, and campaigning.
- Non-Conventional Participation: This includes non-traditional activities like protests, strikes,
petitions, and civil disobedience, often employed to bring attention to issues not adequately
addressed by formal political channels.

2. Direct and Indirect Participation:

- Direct Participation: Engaging in activities where citizens make decisions without intermediary
representatives, as seen in referendums or local community meetings.
- Indirect Participation: Involvement through representatives, where citizens elect officials to make
decisions on their behalf, as commonly practiced in representative democracies.

3. Voluntary and Involuntary Participation:

- Voluntary Participation: Activities undertaken out of free will, such as joining a political party or
voting.
- Involuntary Participation: Certain states may require mandatory participation, such as compulsory
voting, where citizens are required by law to vote.

4. Intensity of Participation:
- Passive Participation: Minimal involvement, such as staying informed about political events or
occasionally voting.
- Active Participation: More intensive engagement, including activism, organizing political events,
or holding public office.

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 Importance of Political Participation
Political participation holds significant importance for the health of democracy and governance. It
ensures citizen engagement in policy decisions, promotes accountability, and fosters a politically
aware society. Some key points highlighting its importance are:

- Enhancing Democracy and Legitimacy: Participation gives legitimacy to the government, as

elected representatives derive their authority from the people’s will. A higher level of public
engagement reflects a vibrant democracy where policies resonate with the citizenry's
preferences.

- Ensuring Accountability: Political participation acts as a check on political leaders and

government institutions. By exercising their right to vote, citizens hold leaders accountable,
ensuring transparency and responsiveness. Active participation through civil society also
demands accountability from officials.

- Promoting Civic Responsibility and Awareness: Active engagement in political processes fosters
civic responsibility and awareness among citizens. By participating, individuals become more
informed about political issues, policies, and the impact of governance, leading to a more
educated and politically mature population.

- Providing a Platform for Diverse Voices: Participation enables marginalised and minority groups
to voice their concerns. Non-conventional forms of participation, like protests, often serve as
platforms for those whose interests may not be represented through conventional political
channels.

- Fostering Social Cohesion and Unity: When citizens participate in the political process, it creates
a sense of collective responsibility and unity. Political engagement encourages discussion,
debate, and compromise, which helps in resolving social conflicts and strengthening the social
fabric.

- Encouraging Policy Responsiveness and Change: Political participation facilitates policy change,
as governments respond to the interests of active and organised groups. Through consistent
participation, citizens can shape public policy, advocate for reforms, and drive social progress.

- Empowerment of Individuals and Communities: Political participation empowers individuals by

giving them a stake in the system. It promotes a sense of agency, allowing people to influence
the issues affecting their lives. Community involvement in local governance enhances
community self-reliance and problem-solving.

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 Voting Behaviour- Facts In uencing Voting Behaviour in India
Voting behaviour encompasses the patterns and choices made by voters in an electoral process. It
involves analysing why and how individuals vote the way they do and what influences their
decisions. In India, voting behaviour is not only influenced by political preferences but also by
cultural and social factors that define individual identities. Studying voting behaviour helps in
understanding how citizens perceive democracy and participate in shaping their government.

Factors Influencing Voting Behaviour in India:

India’s vast socio-cultural diversity means that voting behaviour is influenced by a wide range of
factors. These factors can be broadly categorised into sociological, economic, political, and
psychological dimensions:

- Sociological Factors
1. Caste and Community: Caste is a deeply rooted social structure in India, influencing voters’
preferences, especially in rural areas. Many political parties leverage caste dynamics, appealing
to specific caste groups for electoral support. Certain states, like Uttar Pradesh and Bihar,
witness intense caste-based mobilisation, with voters often aligning with parties or candidates
that represent their caste or community interests.
2. Religion: Religion plays a significant role in shaping voting behaviour. Parties often appeal to
religious groups, and communal identities may drive voters to support candidates who they
believe represent their religious community’s interests. Issues related to secularism, religious
harmony, and minority rights also influence voter choices, especially among minority groups
like Muslims, Christians, and Sikhs.
3. Region and Language: India’s linguistic diversity affects regional politics and voting
behaviour. In states with strong linguistic identities, like Tamil Nadu and West Bengal, regional
parties often have significant influence, as they address issues pertinent to the local culture and
language. Regional identity can lead to support for candidates and parties that prioritise state-
specific issues, like development projects or regional autonomy.
4. Gender and Family Influence: Gender dynamics are increasingly relevant in voting behaviour,
with women’s voter turnout rising significantly. Women voters are often influenced by issues
like social welfare, safety, and healthcare, which parties might specifically address to appeal to
female constituents. Family influence can also play a role, especially in rural areas where voting
as a bloc is common, with family heads often guiding the collective vote.

- Economic Factors
1. Class and Economic Status: Economic class, particularly in terms of poverty and income
levels, influences voter priorities. Lower-income groups may be more concerned with issues of
economic welfare, such as subsidies, employment, and access to basic services. Parties often
appeal to economic classes with promises of poverty alleviation, job creation, and welfare
programs, especially in economically marginalised regions.
2. Development and Infrastructure: Voters in developing regions prioritise candidates and parties
that promote development, such as building infrastructure, roads, and providing electricity and
water. Political parties often highlight their achievements in development and infrastructure,
with “development politics” playing a key role, particularly among urban and semi-urban voters.
3. Agricultural Concerns and Rural Economy: Agriculture remains a primary occupation in
India, and farmers' issues, like crop prices, subsidies, and debt relief, significantly influence rural
voting behaviour. Rural voters tend to support parties and leaders who promise policies
45

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 favouring the agricultural sector, making rural economic concerns a focal point in many
elections.

- Political Factors
1. Party Identification and Loyalty: In India, party identification is strong, with voters often
remaining loyal to certain parties due to ideological affinity, historical support, or family
tradition. Political parties cultivate loyal voter bases, and this identification can influence voting
behaviour, sometimes regardless of the candidate or specific issues.
2. Leadership and Charisma: Charismatic leaders, like Jawaharlal Nehru, Indira Gandhi, and
Narendra Modi, have historically influenced voting behaviour in India. Leaders’ personal appeal,
style, and image can attract voters, creating a “personality cult” that can overshadow party
ideology or policy promises. Voters are often swayed by leaders who they believe are strong,
capable, and aligned with their aspirations for national or state development.
3. Candidate Qualities and Local Reputation: Voters often evaluate individual candidates based
on their reputation, performance, and involvement in local issues. A well-regarded local
candidate can draw votes even if the party is less popular. Issues such as honesty, accessibility,
and performance track record are critical, with many voters giving preference to candidates they
perceive as responsive and approachable.

- Psychological Factors
1. Media Influence: The media, including news channels, newspapers, and social media, plays a
crucial role in shaping political perceptions and influencing voting behaviour. Social media
platforms like Facebook, Twitter, and WhatsApp have become powerful tools for political
campaigns, allowing parties to target specific demographics and sway undecided voters.
2. Campaign Strategies and Political Advertising: Modern election campaigns in India employ
extensive advertising, rallies, and door-to-door canvassing. Slogans, symbols, and campaign
events influence public opinion and voter engagement. Political advertising, especially through
digital media, has become significant, with targeted campaigns attempting to create favourable
images and sway undecided voters.
3. Political Awareness and Education: Politically aware and educated voters are likely to analyse
candidates and parties critically, focusing on performance, policy issues, and governance.
Education influences the issues voters prioritise, with educated voters often looking at broader
policy impacts, governance, and accountability in their choices.

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 Minority Representation
Minority representation refers to the inclusion and participation of minority groups within
governmental and political systems. Minorities may be defined by ethnicity, language, religion,
caste, or other socio-cultural identifiers that distinguish them from the majority population.
Ensuring that these groups have a voice in governance helps prevent marginalisation and allows for
a diversity of perspectives within decision-making processes. Minority representation is essential
for creating a balanced and fair democracy, as it promotes the interests and protects the rights of all
groups, including those with fewer numbers or less power in society.

The following are the most popular methods:

(1) Proportional Representation in which Single Transferable Vote System and List System are the
main methods.
(2) Limited Vote System.
(3) Cumulative Vote System.
(4) Separate Electorate System.
(5) Joint Electorate with Reservation of Seats.

PROPORTIONAL REPRESENTATION
1. Single Transferable Vote System:
- The first experiment of this system conducted in the French National Convention in 1793, but its
popularity began only when in 1951 Thomas Hare, an Englishman, described it in his book
Election of Representatives. In 1855 Andrae, a minister, introduced the scheme in Denmark.
Since then it was popularised in both the countries. Hence it has been called the Hare or the
Andrae System. In India the election of the President, the Vice- President and also the elections to
the Rajya Sabha and the Punjab University Senate are conducted according to this system.
- The following are the features of this system:
1. Multi-member Constituency or Plural Constituency;
2. Possession by the voter of only one vote;
3. Making Preferences by the voter;
4. Transfer of Votes and Electoral Quota.
- Generally two methods are followed to determine the quota:
a) Total number of Votes/Number of members to be elected
b) Total number of vote’s/Number of members to be elected × 1
- Though the first method is simple, yet the second method is more commonly used. It is essential
that there should be Plural Constituency in this system. Lord Courtney suggested that a fifteen-
member constituency was a reasonable limit, but according to our view there should not be more
than ten or twelve members in a constituency.
- The advantage of this system is that every voter marks the figures 1, 2, 3, 4 against the names of
the candidates and in this way he can indicate his preferences. He can vote for as many
candidates by denoting his preference, as there are seats to be filled from the constituency.
- For example, if twelve members are to be elected from a constituency and if there are 20
candidates, the voter can indicate his preference from 1st to twelfth, as 1st, 2nd, 3rd, 4th and so
on up to the 12th preference.
- The candidate in order to be elected requires a certain quota of votes. Thus the candidate who has
secured the quota of votes is declared elected. If he gets more votes than the fixed quota, his

47

 surplus votes are passed on to the candidates not yet elected, according to their second
preference.
- In this way the votes of the candidate who has secured minimum votes are passed on to other
candidates according to their second preference or choice. The process of transferring surpluses
votes to the next preferences continues down the list until the required numbers of representatives
have been elected.
- The surplus votes of not only the successful candidates are transferred to other candidates, but, if
need be, of those candidates also who have secured so few votes that they have no chance of
being elected at all. Thus in this system counting takes place many times and the counting
continues till the candidate is in a position to secure his minimum quota. Candidates securing the
fixed electoral quota are declared to have been elected.

2. List System:
- Another system of proportional representation is the List System. According to it, the entire
country is divided into large constituencies and sometimes the entire country is considered as one
constituency. According to this plan all candidates are grouped in the lists according to their party
labels and every party offers a list of candidates up to the number of seats to be filled for each
constituency. The number of votes which are secured by the individual candidates, are considered
as votes for the list.
- In other words, we can say that every party fields as many candidates as are the seats to be filled.
The elections are contested on the party basis. The voters can cast as many votes as are the seats
to be filled, but he cannot cast more than one vote in favour of one candidate
- For example, if five representatives are to be elected from a constituency, the voter can cast his
votes for any list. He cannot distribute his votes among two or three lists. He will have to cast all
his votes in favour of one list. The votes of all the parties are counted separately.
- The number of votes required, the quota to secure a candidate’s election, is determined, as in the
Hare System, by dividing the total number of votes cast by the number of seats to be filled. Let us
suppose that the total number of votes cast is 10, 00,000 and 100 representatives are to be elected
from that constituency.
- The electoral quota will be:- 10, 00,000/100 = 10,000
Now suppose there are five parties A, B, C, D and E. If ‘A’ has secured 1, 00, 00 votes, then he
will secure 1, 00,000/10,000 = 10 seats. Similarly if ‘B’ secures 3, 00,000 votes, he will secure 30
seats. In this way the parties divide the seats among themselves. This system is used in Belgium,
Denmark, Sweden and Switzerland.

- Merits or Advantages of Proportional Representation:

1. In this system representation to every minority is ensured and thus the minority is satisfied.
2. This system is based on justice, because all parties get due representation in it.
3. The voters get the right to elect the candidates according to their preferences and they are
supposed to be careful while showing their preferences. The result is that they elect good
candidates.
4. The voters get political education in this system, because they are given the choice to elect
good candidates in an order.
5. It helps to elevate the character of the legislature by securing the election of more enlightened
and distinguished representatives.
6. According to Lord Acton, “It is profoundly democratic, for it increases the influence of
thousands who would otherwise have no choice in the government; and it brings men more near
equality by so contriving that no vote shall be wasted of his own.”
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 7. The sphere of corruption and wastage of money is reduced because the influence of such
parties is less, as try to keep the balance in their own hands. No one party commands much
influence in the legislature.
8. The voter is more free, because he can indicate his preference.
9. No single party is in a position to secure absolute majority, but all the parties get some
representation and thus no party can establish its dictatorship.
10. Generally coalition governments are formed in this system. They take care of all in order to
maintain stability.
- Demerits of Proportional Representation:
1. This is a complex system, and there is a great difficulty in the counting votes in single
transferable vote system.
2. Small parties get proportional representation, coalition governments are formed and the
cabinets are unstable.
3. There is no close contact between the representatives and the voters, because the constituencies
are very large. The representatives, therefore, do not feel responsible to their constituencies or
areas.
4. This system is impracticable for a big country.
5. Since many groups get representation in this system, each group tries to enact laws favoring its
own interests. Thus there is an adverse effect on the laws.
6. It will give a setback to Parliamentary government, because the government will become
unstable owing to many small groups in the legislature and no party will be responsible to the
people. In the words of Esmein, “To establish the system of proportional representation is to
convert the remedy supplied by bicameral system into a veritable poison it is to render cabinets
unstable, destroy their homogeneity and make parliamentary government unstable.”
7. There is no provision for bye-elections in this system. Bye-elections are the mirror of the
public opinion. According to Dr. Finer, the bye- elections indicate the political trend, but this type
of election is not possible in proportional representation system.
8. From political point of view, the utility of this system is doubtful. Laski was of the view that
the problems of the modern State could not be solved by a reform of electoral machinery.
These problems could be tackled more by the elevation of the popular standard of intelligence
and the reform of the economic system than by making men choose in proportion to the nearly
graded volume of opinion.

LIMITED VOTE-SYSTEM
The entire country is divided into big constituencies. At least three representatives are elected from
each constituency. Each voter is given the right to cast less than three votes. If five representatives
are to be elected, then the voters are to cast 3 votes and if seven representatives are to be elected,
than the voter can cast five votes.
In this system the voter cannot cast more than one vote in favour of one candidate. The result will
be that the minorities will get some representation. For example, from a three-member constituency,
the majority will send two representatives and the minority will be able to send one representative.
There are many defects in this system. The main defect of this system is that the minorities do not
get Proportional Representation. They get only a small representation. Secondly, when the number
of parties is large, this system does not work properly.
Sometimes minorities do not get any representation at all. Thirdly, this system cannot be introduced
in single-member constituencies.

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 CUMULATIVE VOTE SYSTEM
In this system the constituencies are Plural or multiple. The voter has to cast as many votes as the
number of candidates to be elected. In this system the voter can cast all his votes in favour of one
candidate and if he wishes, he can cast some of his votes in favour of one candidate and the rest in
favour of other candidates. In this system, the minorities can cast all their votes in favour of one
candidate only and thus get one candidate elected.
The advantage of this system is that the minorities get some representation. But the drawback of
this system is that sometimes popular candidates secure more voles. Since the minorities cast all
their voles in favour of one candidate, many votes go waste. Secondly, every party does not get
proportional representation.
Thirdly, the control and evils of the political parties increase to a great extent. The minorities have
to organise themselves in order to get their candidates elected. The political leaders maintain a strict
discipline in their parties and they appeal to the voters to divide or accumulate their votes carefully.

SEPARATE ELECTORATE SYSTEM

In this system the constituencies are delimited on the basis of religion. First of all Britishers
introduced this system in India in 1909. The Muslims were given the right to elect their
representatives separately in 1909. Similarly the Sikhs were given this right in 1919 and the
Harijans in 1935.
According to this system seats were reserved for every community and the constituencies were
made according to the seats. From the Muslim constituencies, only Muslim candidates could contest
election and only Muslim voters could cast their votes.
Undoubtedly, the minorities used to get some representation in this system but there are many
defects in it. First of all, the national feelings are destroyed. People become narrow-minded.
Communal hatred prevails everywhere and various groups suspect and dislike one another.
The evil of the system of separate electorate ultimately resulted in the partition of India in 1947 and
wholesale massacre of the minorities took place. So this system was abolished in the new
constitution of India.

JOINT ELECTORATE WITH RESERVATION OF SEATS

In this system seats are reserved for minorities in the legislature under the Constitution.
Constituencies are not made on a communal basis. The Hindus have the right to cast their votes in
favour of the Muslims and the Muslims have the right to vote for the Hindus.
Only those candidates who have regard for the interests of all the communities, can win the
election. It creates the feeling of unity and the spirit of nationalism becomes strong. The
representatives have in mind the interest of the whole of the country and not of their own
community only. In the Constitution of India, seats were reserved for the Scheduled Caste and
Scheduled Tribes for 20 years since its promulgation. This period has now been extended till 1990.

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 Importance of Elections and Need for Electoral Reforms in
India
- An election is a process of voting wherein the general public decides who all should comprise the
governing body to work towards the nation in the representative institutions like the Parliament,
Legislative bodies etc.
- Each citizen of the country can vote after they attain the age of 18 years. The two systems, any of
which can be used these days, in place for conducting elections are the ballot system (putting a
ballot paper with the name of the political party written on it in a secure box) or the electron
voting machines (pressing the button against the name of the preferred choice and that choice is
then stored.
- India being the largest democracy globally, cannot escape this process of holding elections
regularly and moderately. Holding elections for the whole of the population is a critical
consideration to be made every time elections are held.
- Franchise (literal meaning, free) means the right for the citizens of a nation to vote and elect their
representatives. Adult franchise thus implies that all adult citizens be given the right to vote and
elect their representative irrespective of class, caste, gender and sex. The system of giving this
right to all the adult population of a country is the very base of living in a democratic nation.As
they say, in a democracy, the government is of the people, for the people and by the people. So
all the three facets of this saying are essential, wherein we are currently focussing on the third
facet, “by the people”. So the citizens elect their representatives to form representative
institutions like the parliament, legislative assembly and others.
- Now the voting age varies nation by nation. It is 18 years when you reach a state qualified/
mature enough to choose your representative in the governmental bodies in our nation. Earlier it
was 21 years, but after the 61st amendment act of 1989, it has been brought down to 18 years.
- To become a voter in India, the following conditions must be satisfied:
• Must be an Indian citizen
• Must have attained 18 years of age
• Must not have been declared bankrupt

Importance of Elections in a Democracy:

Without genuine elections, democracy has no meaning. Elections provide the citizens with a
uniformly managed way to voice their opinions and choose who and what is best for themselves and
their nation. It is not that elections are a new concept in Independent India. Elections used to be held
even before independence; it is just that the choices and voices were very limited at that time and
the franchise may not be very fair. After independence, India chose to have a universal adult
franchise and give all adults the right to have an equal vote. The first such elections were held in
1951-52.
The importance of elections in any democracy stems on the following basis-
• Choice of leadership: By participating in elections, every citizen can choose their leader by
casting a vote in favour of the politician or the political party for that matter.
• Change of leadership: As the citizens are the ultimate authority in any democracy, they can
voice their opinion if they do not like the testaments of the existing government. They can
change the government by choosing their following votes very carefully and giving a thought
to the political party before giving them their vote.
• Political participation: As a responsible citizen of the country, if one feels there is an issue not
being addressed by most or all of the political parties or some modifications needs to be made
51

 in their solution, they can always participate in that discussion either by raising their opinions
to the governing bodies or by forming political parties themselves to bring about a reform.
• Self-corrective system: Due to the regularity present in the Indian election system, it acts as a
kind of check on the work of the political parties, restating the fact that if the party is not
efficient enough in their work, they will not form the government subsequently. Therefore
political parties have a regular performance of working well to get votes from the public

Need for Electoral Reforms in India:

India, as the world’s largest democracy, relies heavily on a robust electoral system to re ect the will
of its diverse population. However, various issues within the current electoral framework undermine
its effectiveness and fairness, necessitating reforms. Electoral reforms are essential to enhance
transparency, curb corruption, and ensure that the democratic process is inclusive, fair, and
representative. Here is a detailed overview of why electoral reforms are needed in India.

1. Curbing the In uence of Money Power: The excessive use of money in elections leads to
unequal opportunities, where wealthier candidates can signi cantly in uence voters. It also
fosters corruption, as winning candidates may feel compelled to repay nanciers, sometimes
through unethical practices.
There is a need to cap election expenses, ensure transparent political funding, and strictly
regulate the sources of funding to create a level playing eld. State funding of elections has
been proposed to limit candidates’ reliance on external nanciers.

2. Controlling Criminalisation of Politics: A signi cant number of candidates with criminal

records contest elections in India, which affects governance and public trust. Criminalisation of
politics undermines democratic principles and often leads to ineffective governance.
Disquali cation of candidates with criminal backgrounds needs stricter enforcement. Fast-track
courts for cases involving politicians and mandatory barring of individuals with serious
criminal charges from contesting elections are essential to ensure clean and ethical leadership.

3. Enhancing Transparency in Political Funding: The sources of political funding in India are often
opaque, with a substantial share coming from anonymous donations. This opacity allows for the
entry of black money into the electoral process.
Reforms should mandate full disclosure of donors, introduce strict regulations on donations,
and bring political parties under the Right to Information (RTI) Act to promote transparency
and public accountability in election nancing.

4. Reducing Voter Manipulation and Misuse of Social Media: Social media and digital platforms
are increasingly being used to in uence voter opinions through misinformation and targeted
propaganda. This undermines the credibility of the electoral process and skews public opinion.
Electoral reforms should include stricter guidelines on social media use, monitoring of paid
digital campaigns, and stringent action against disinformation to ensure that elections remain
free and fair. The Election Commission could establish a digital code of conduct.

5. Addressing Issues with First-Past-The-Post (FPTP) System: The FPTP system, where a
candidate with the highest votes wins, often results in unrepresentative outcomes, with parties
winning large majorities despite only a small percentage of the popular vote.
There is a growing call for exploring alternative systems, such as proportional representation or
a mixed electoral system, which would re ect a broader range of public opinion and ensure fair
representation of diverse groups.

6. Ensuring Inner-Party Democracy: Many political parties in India lack internal democracy, with
power often concentrated in the hands of a few leaders or families. This affects the quality of
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 leadership and limits the emergence of new ideas and talents.
Legal provisions could enforce democratic norms within parties, requiring transparent internal
elections and decision-making processes. Inner-party democracy is crucial for fostering
accountable and responsible leadership.

7. Strengthening the Role of the Election Commission: Although the Election Commission of
India (ECI) is an autonomous body, its powers are sometimes limited in addressing electoral
malpractices and enforcing compliance with its guidelines.
Granting the ECI more powers, including the ability to take stronger action against code
violations, ensuring independence from political interference, and giving it authority to de-
register parties for serious violations could reinforce electoral integrity.

8. Addressing Issues of Voter Turnout and Engagement: Low voter turnout, especially among
urban and educated voters, weakens the democratic process. Many citizens feel disconnected
from politics or do not see the impact of their vote.
Introducing measures like compulsory voting, voter education campaigns, and convenient
voting options (e.g., postal ballots for the elderly or NRIs) can help increase voter turnout and
make elections more representative of the full population.

9. Improving Representation of Women and Marginalised Groups: Women and marginalised

groups remain underrepresented in Indian politics. Despite efforts to increase participation, the
number of female and minority representatives remains low.
Implementing quotas or reservations within political parties and parliamentary seats for women
and marginalised communities can ensure more inclusive representation and help diversify
leadership.

10. Encouraging Use of Technology for Ef ciency and Security: While electronic voting machines
(EVMs) have streamlined the voting process, questions of security and transparency still exist,
and technological advancements could further enhance ef ciency.
Integrating technologies such as blockchain for secure voting, biometric identi cation to
prevent impersonation, and online voting options for remote or disabled voters could make the
process more accessible, ef cient, and secure.

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 Political Parties and Party Systems
A political party basically, is a group of people. These people come together to contest elections in
order to hold power in the government. It is a way to mobilise voters to support common sets of
interests, concerns, and goals. The primary role of the political party is to fix the political agenda
and policies. So, each party tries to persuade people by claiming their policies are better than those
of other parties.In a broader perspective, a political party is a means via which the people can speak
to the government and have a say in the governance of any country. So, every political party must
have three key components:
a) Leaders
b) Active Member
c) Followers

Functions of a Political Party:

Every political party has a number of functions to perform. Here we have listed some of them.
• A political party contests elections by putting up candidates.
• In countries like the USA, the candidates are selected by members and supporters of a party.
• On the other hand, in countries like India, the candidates are chosen by top party leaders.
• Every party has different policies and programmes. Voters make a choice in accordance with
the policies and programmes liked by them.
• In a democratic country, a large group of people that has certain similar opinions group
together and form a party. Then then, give a direction to the policies adopted by the
government.
• Those parties which lose elections form the opposition. They voice different views and
criticise the government for their failures and mobilise opposition to the government.
• Political parties shape public opinion. With the help of the pressure groups, the parties launch
movements for solving problems faced by the people.
• Parties even offer access to government machinery and welfare schemes. The local
party leader serves as a link between the citizen and the government officer.

Importance of Political Parties

A democracy cannot exist without the presence of a political party. This is clear from the function
performed by the political parties. In case, there are no political parties then:
• Every candidate in the election would be an independent candidate. Any individual candidate
does not have the efficiency to promise any major policy change to the people. In such a
scenario, no one will be responsible for how the country is run.
• In the long run, only a representative democracy can survive. Political parties are the agencies
that gather different views on various issues and present them to the government.

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 PARTY SYSTEMS

1. One-Party System:
A one-party system is a political framework in which a single political party dominates the political
landscape, effectively eliminating the competition of other parties. This system can arise in various
forms, often justified as necessary for maintaining national unity, stability, or ideological purity.
While it can lead to efficient governance in some cases, it frequently curtails political freedoms and
democratic participation.
In a one-party system, only one political party is legally allowed to hold power. This party often
monopolises political positions and decision-making processes, making it the sole representative of
the state. The ruling party controls government institutions, the military, and media outlets, further
entrenching its authority. Opposition parties, if they exist, are typically suppressed, banned, or
heavily restricted. Political dissent is often met with persecution, imprisonment, or censorship,
limiting citizens' ability to voice differing opinions. The decision-making process is often highly
centralised within the ruling party, with little room for local or regional input. Policies are typically
formulated by the party leadership, and dissenting voices are marginalised. The ruling party often
promotes a specific ideology or political philosophy, which is disseminated through state-controlled
media and educational institutions. This ideological control aims to unify the populace under a
single vision, often at the expense of pluralism. Propaganda plays a significant role in maintaining
the party's image and suppressing alternative viewpoints. Citizens in a one-party system often have
limited opportunities for political engagement. Elections, if they occur, may be mere formalities,
lacking genuine competition and choice.
Example: The People's Republic of China (PRC) is a prominent example of a one-party system. The
Communist Party of China (CPC) has held a monopoly on political power since the establishment
of the PRC in 1949. The CPC is the only legal party in China, controlling the state and all
significant aspects of political life. Other parties exist but operate under the CPC's leadership,
lacking any real power. The Chinese government actively suppresses political dissent and freedom
of expression. Activists, journalists, and anyone challenging the CPC's authority face severe
repercussions, including imprisonment and censorship. The Great Firewall of China restricts access
to foreign information, limiting public discourse and debate on sensitive political topics. Although
there are local elections in some areas, they are tightly controlled and primarily serve to legitimise
the CPC's authority. Candidates often need approval from the party, limiting genuine electoral
competition. Political participation is largely restricted to CPC members, who engage in party
affairs and decision-making processes, excluding the broader populace.

2. Two-Party System
A two-party system is a political structure in which two major political parties dominate the
political landscape, typically controlling the government and influencing policymaking. This system
is characterised by a competitive electoral environment where the two parties contend for political
power, often leading to a stable government. While two-party systems can promote political
stability and facilitate governance, they may also limit the diversity of political representation.
In a two-party system, two major political parties are the primary competitors for power, often
relegating smaller parties to the periphery. These major parties typically dominate the electoral
process, shaping the political agenda and public discourse. While minor parties may exist, they
struggle to gain significant traction and often serve as "spoilers" in elections, drawing votes away
from one of the major parties. The two major parties usually represent distinct ideologies or
platforms, allowing voters to identify their preferences easily. This ideological clarity helps voters
make informed choices at the ballot box. Over time, these ideological divisions can solidify, leading
55

 to entrenched partisan identities among the electorate. Elections in a two-party system are
characterised by competitive contests between the two dominant parties, often resulting in high
voter engagement and turnout.
Example: The United States is a prime example of a two-party system, dominated by the
Democratic Party and the Republican Party. The U.S. two-party system has its roots in the early
political struggles of the nation, with the Federalist Party and the Democratic-Republican Party
emerging in the late 18th century. Over time, the current major parties evolved, with the Democratic
Party being founded in the 1820s and the Republican Party in the 1850s. The power often shifts
between these two major parties like a pendulum, with the smaller parties getting a chance to
govern the country in coalition with these two parties. The minor parties in America include the
Libertarian Party, the Green Party, etc. Similarly in the UK the two major parties are the Labour
Party and the Conservative Party, and the minority party includes the Liberal Democratic Party,
Scottish National Party, etc.

3. Multi-Party System
A multi-party system is a political framework in which multiple political parties compete for power,
offering voters a diverse array of choices and representations. This system is characterised by the
existence of several parties that can win seats in the legislature and often participate in government.
While a multi-party system can enhance democratic representation and promote a vibrant political
discourse, it can also lead to challenges such as coalition politics and political instability. A multi-
party system encompasses a wide range of political parties representing various ideologies,
interests, and demographics. This diversity allows for a more comprehensive representation of the
electorate's views. Political parties may focus on regional, social, or economic issues, catering to the
specific needs of different segments of society. In a multi-party system, it is common for no single
party to secure an outright majority in the legislature. As a result, parties often form coalitions to
create a stable government. While a multi-party system promotes diversity, it can also lead to
political fragmentation, where numerous parties compete for power without achieving a stable
majority. This fragmentation can result in frequent elections, political instability, and difficulties in
governance, as coalition partners may have differing priorities and agendas.
Example: India is a prominent example of a multi-party system, characterised by a diverse array of
political parties operating at national, state, and local levels. India has a variety of political parties,
ranging from national parties like the Indian National Congress (INC) and the Bharatiya Janata
Party (BJP) to numerous regional parties such as the Trinamool Congress (TMC) in West Bengal
and the Dravida Munnetra Kazhagam (DMK) in Tamil Nadu. The United Progressive Alliance
(UPA) and the National Democratic Alliance (NDA) are examples of coalitions that have governed
India at various points, bringing together multiple parties to achieve a majority.
Regional parties play a significant role in India's multi-party system, often addressing local issues
and representing regional identities. They can wield considerable influence in national politics,
particularly in coalition formations. For instance, the TMC has been instrumental in West Bengal's
politics, while parties like the Aam Aadmi Party (AAP) have emerged from grassroots movements
in urban areas.

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 Pressure Groups
A pressure group is a group of people who are organised actively for promoting and defending their
common interest. It is called so, as it attempts to bring a change in public policy by exerting
pressure on the government. It acts as a liaison between the government and its members.
The pressure groups are also called interest groups or vested groups. They are different from the
political parties, as they neither contest elections nor try to capture political power. They are
concerned with specific programmes and issues and their activities are confined to the protection
and promotion of the interests of their members by influencing the government.
The pressure groups influence the policy-making and policy implementation in the government
through legal and legitimate methods like lobbying, correspondence, publicity, propagandising,
petitioning, public debating, maintaining contacts with their legislators and so forth.

Role Played by Pressure Groups in Modern Democracies:

- Interest Articulation: Pressure Groups bring the demands and needs of the people to the notice of
the decision-makers. The process by which the claims of the people get crystallised and
articulated is called interest articulation.
- Agents of Political Socialisation: Pressure groups are agents of political socialisation in so far as
they influence the orientations of the people towards the political process. These groups play a
vital role as two-way communication links between the people and the government.
- Pressure groups play a vital role in the legislative process, not only as important structures of
interest articulation, but also as active agencies engaged in lobbying with the legislators for
securing desired laws or amendments in laws and policies of the government.
• Right from the time of preparation of election manifestos of various political parties to the
passing of laws by the legislators, the pressure groups remain associated with the process of
rule-making.
- Pressure Groups and Administration: Pressure Groups are actively involved with the process of
administration. Through lobbying with the bureaucracy, the pressure groups are usually in a
position to influence the process of policy implementation.
- Role in Judicial Administration: Pressure Groups try to use the judicial system for securing and
safeguarding their interests. Interest groups often seek access to the court for redressal of their
grievances against the government as well as for getting declared a particular decision or policy
as unconstitutional.
- Pressure groups play a leading role in the formulation of public opinion. Each pressure group is
continuously engaged in evaluating all such laws, rules, decisions and policies which have a
direct or indirect bearing on the interests it represents. It always places the pros and cons not only
before its members but also before the general public for eliciting popular support as well as for
catching the attention of the government.
• They try to gain public support and sympathy for their goals and their activity by carrying out
information campaigns, organising meetings, file petitions, etc. Most of these groups try to
influence the media into giving attention to these issues.
- Pressure groups help in improving the quality of government. Consultation with affected groups
is the rational way to make decisions in a free society. It makes government more efficient by
enhancing the quality of the decision making process – the information and advice provided by
these groups helps to improve the quality of government policy and legislation.
- Freely operating pressure groups are essential to the effective functioning of liberal democracy.
• They serve as a vital intermediary institutions between government and society;
• They assist in the dispersal of political power;
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 • They provide important counterweights to balance the concentration of power.
- Pressure groups enable new concerns and issues to reach the political agenda, thereby facilitating
social progress and preventing social stagnation. For example, the women’s and environmentalist
movements.
- Pressure groups increase social cohesion and political stability by providing a ‘safety-valve’
outlet for individual and collective grievances and demands.
- Pressure groups complement the work of opposition political parties by exposing the bad policies
and wrongdoings of the government. Pressure groups thereby improve the accountability of
decision makers to electorates.
- Pressure groups help to educate people, compile data and provide specific information to policy
makers, thus they work as an informal source of information. Active constructive participation of
numerous groups in polity helps to reconcile general interest with individual group interests.

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 Public Opinion
The term ‘public opinion was coined by philosopher John Locke in the 17th century. However, the
concept itself predates Locke. Vox populi or ‘voice of the people' is a similar Latin concept. Today,
public opinion is defined in the following way: collective evaluations expressed by people on
politico-social-economical issues, policies, institutions, and individuals.

Importance of public opinion in a democracy:

• Listening is essential in a democracy. People have a right to be heard by their representatives.
That is what legitimises democracy in the public eye and builds trust in government and its
institutions. The functioning of a stable society is impossible without the means of free-
flowing two-way communication – talking and listening– with an openness to the other's
point of view.
• Public opinion can act as a check on leadership, as the members of the public can express
their dissatisfaction with politicians who refuse to take their opinions into account and vote
them out of office.
• Presenting the views of the mass public to government leaders who are making decisions that
will affect society. Leaders often monitor the public pulse when making policy decisions,
especially when they face an election campaign.

Various agencies through which public opinion is expressed:

By agencies of public opinion, we mean all those organisations, institutions and groups which
significantly contribute to the formulation and expression of public opinion. In every society, a large
number of people and agencies play an important role in the formulation and expression of public
opinion.
According to Bryce, three types of people contribute significantly to the formulation, expression,
and promotion of public opinion.
1. The people who build public opinion. This category includes the legislators and journalists
who by their views and use of mass media act as agencies of Public Opinion.
2. The people who are active actors in social and political life. These are well-informed and
active people who direct public opinion in a particular direction.
3. The third category includes people who arouse public opinion. These are the people who take
part in public meetings, agitations, movements, and demonstrations.

The following are the major agencies of Public Opinion:

• Press: Newspapers, periodicals: magazines—in fact, the Press i.e. the print media as a whole
act as an important major agency of public opinion. The press discusses and analyses every
important issue of public concern and the editorials, write-ups, and news analysis always play
a big role in the formulation and expression of public opinion.
• Legislature: Legislature is formed by the elected representatives of the people. It is an
assembly of political leaders. It acts both as a mirror of public opinion as well as the agency
for the formulation and expression of public opinion. Legislative debates, the publication of
records of the debates of the legislature, and the views expressed by the legislators both inside
and outside the legislature play an important role in the making and mirroring of public
opinion.
• Public Meetings and Rebates: In every democratic state people have the right and freedom to
form associations, hold meetings, processions and demonstrations and discuss all issues of

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 public importance and concern. Public meetings as such are agencies for the formulation of
Public Opinion.
• Political Parties: Political parties are the agents of political education. These provide all
information to the people regarding the activities, successes, failures, omissions, and errors of
the government. Each political party tries to create public opinion in its favour. It organises
meetings, agitations, demonstrations, processions and movements for highlighting issues of
public importance. All these activities play a role in the formulation of public opinion.
Political Parties act as important, useful and active agencies for interest articulation interest
aggregation and political communication. These play a major role in the formulation of public
opinion.
• Radio, T.V., and Internet: In this age of information revolution Radio, T.V. and the Internet
contribute significantly to the formulation of public opinion. Radio and T.V. talks and debates
act as motivating factors for the formulation of public opinion. These act as agencies of
political education. The use of these during elections acts as a means for making and changing
public opinion.
• Educational Institutions: In the educational institution's classroom- lectures, speeches,
meetings and seminars of different kinds are arranged. The eminent leaders, scholars, and
writers participate in these meetings and assemblies and through the mutual exchange of
views influence the views of the students and teachers.
• Also, the views expressed by the teachers in their classes influence the students. At times the
views thus expressed become the part and parcel of the thinking of the students. Also, the
syllabi meant for teaching in educational institutions are prepared with some specific
objectives. All this helps in the formulation of public opinion.
• Religious Institutions: Man’s political views are also influenced by his religious views. In
India, especially many political parties are based on religion. Religious congregations in India
always have a political face. Under the cloak of religion, political views are expressed and
spread. The people ‘faithfully’ follow these views and in this way, public opinion gets
formulated.

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